Agenda packet, regular meeting — Livingston City Council, January 18, 2022

1 CITY COUNCIL REGULAR MEETING AGENDA
JANUARY 18, 2022
7:00 P.M.

NOTICE: IN ORDER TO MINIMIZE THE SPREAD OF THE COVID-19 VIRUS, THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR'S EXECUTIVE ORDER N-08-21, WHICH SUSPENDED CERTAIN REQUIREMENTS OF THE BROWN ACT.

WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.

ADDITIONALLY, THE MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg

IF YOU CHOOSE TO ATTEND THE COUNCIL MEETING IN PERSON, YOU WILL BE REQUIRED TO

MAINTAIN APPROPRIATE SOCIAL DISTANCING, INCLUDING, MAINTAINING A SIX-FOOT DISTANCE BETWEEN YOURSELF AND OTHER INDIVIDUALS, AND WEAR A FACE COVERING. PLEASE NOTE, SEATING IS LIMITED.

PURSUANT TO STATE ORDER, ALL MEMBERS OF THE PUBLIC ARE REQUIRED TO WEAR A FACE COVERING WHILE INSIDE CITY FACILITIES.
(Some Councilmembers may be participating in the meeting remotely via teleconferencing consistent with the Governor’s Executive Order N-08-21.)
Notice is hereby given that the City Council will hold a Regular Meeting on January 18, 2022, at the City Council Chambers, 663 Main Street, Livingston, California or conducted pursuant to the provisions of the Governor’s Executive Order N-08-21. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990.

Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the 2 meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting. You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email.

REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2022-01
Next Ordinance No.: 645
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

CITIZEN COMMENTS

MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL WILL BE GIVEN THE SAME TIME ALLOTMENT FOR COMMENTS (3 MINUTES) AS NORMALLY ALLOWED FOR MEETINGS SUBJECT TO THE PROVISIONS OF EXECUTIVE ORDER N-08-21
This section of the agenda allows members of the public to address the City Council on any item NOT otherwise on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening. For items which are on the agenda this evening members of the public will be provided an opportunity to address the City Council as each item is brought up for discussion.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by the City Manager or City Council Member. There will be no separate discussion of these items unless members of the City Council or City Manager request that specific items be removed. 3 1. WAIVING OF READING OF ORDINANCE AND RESOLUTIONS
City Council Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading the Title only, Unless Otherwise Requested by the Mayor or a Council Member.

2. AUTHORIZE REMOTE TELECONFERENCE MEETINGS
Resolution Proclaiming a Local Emergency and Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Livingston Pursuant to Brown Act Provisions.

3. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated January 14, 2022.

4. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on September 21, 2021

5. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on October 5, 2021.

6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on November 2, 2021.

7. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on November 15, 2021.

8. AUTHORIZE NEW COPIER LEASE AGREEMENT
Resolution to Authorize New Copier Lease Agreement with the Ray Morgan Company for Public Works Department.

9. APPROVE SUPPLEMENTAL APPROPRIATION FOR THE AMERICAN RESCUE PLAN

ACT FUNDS
Resolution Amending the City’s 2021-22 Fiscal Year Budget.

10. CONSIDER OPTING INTO SETTLEMENT AGREEMENTS WITH OPIOID DISTRIBUTORS

AND OPIOID MANUFACTURER
Resolution Opting into Settlement Agreements with Opioid Distributors, Amerisource Bergen, Cardinal Health, and Mckesson; and Opting into Settlement Agreement with Opioid Manufacturer, Janssen, Whereby the County of Merced will Receive the City’s Designated Share of Settlement Funds.

PUBLIC HEARINGS

11. Public Hearing – Resolution to Adopt Fee Increases To The Recreation Programs.

DISCUSSION AND POTENTIAL ACTION ITEMS

12. City Council to Provide Staff Direction for Appointments to the Parks and Recreation Commission.
4 13. Status Update to the Council Concerning Recall Petition.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT

STAFF REPORT
1 AGENDA ITEM: Warrant Register dated January 14, 2022
MEETING DATE: January 18, 2022
PREPARED BY: Nancy Fuentes, Accounting Technician
REVIEWED BY: Vanessa Portillo, Interim City Manager
RECOMMENDATION:

Ratify the warrant register dated January 14, 2022
DISCUSSION:

Government Code sections 37208(b) and 37209 provide that accounts payable warrants or checks drawn in payment of demands certified or approved by the finance director as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.

In addition, Government Code section 37208(a) provides that payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. The sum total of any payroll checks issued within the week prior to the date of the check register is also noted on the accompanying check register.

The following checks have been certified to be in accordance with the City’s approved budget.

The checks have been issued and the check register is presented to the City Council for ratification:

December 16, 2021- January 14, 2022

GENERAL WARRANTS……………………..$ 1,241,742.17 5937-6055

PAYROLL/WIRE WARRANTS……………..$ 379,874.67 1909-1952
TOTAL WARRANTS…………………………$ 1,621,616.84
ATTACHMENTS:

Warrant Register (summarized by date and check number)
Accounts Payable
User:

Printed:
nfuentes
1/14/2022 10:34 AM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
5937 250 Alhambra 12/22/2021 243.54
5938 736 ARA, Inc. 12/22/2021 2,843.80
5939 282 AT&T Mobility 12/22/2021 1,224.79
5940 193 BSK Associates 12/22/2021 1,211.00
5941 508 City of Livingston (Petty Cash) 12/22/2021 923.92 5942 480 Costco Wholesale Membership 12/22/2021 120.00
5943 777 David G. Alexander, Inc. 12/22/2021 29,240.69
5944 449 Fineline Striping 12/22/2021 13,740.00
5945 262 Gilton Solid Waste 12/22/2021 28,587.60
5946 356 Gouveia Engineering, Inc. 12/22/2021 72,416.76 5947 469 Hewlett Packard Financial Services Co. 12/22/2021 901.99 5948 358 Hilmar Ready Mix Rockery Nursery, LLC 12/22/2021 263.99 5949 359 Hinderliter, de Llamas & Associates 12/22/2021 999.49 5950 267 Hoffman Security 12/22/2021 657.92
5951 501 Hunt & Sons, Inc. 12/22/2021 5,548.97
5952 458 IEH- Aquatic Research 12/22/2021 116.00
5953 296 Image Source 12/22/2021 1,125.60
5954 676 M4 Concrete and Drywall, Inc. 12/22/2021 143,206.47 5955 278 Merced Irrigation District 12/22/2021 30,791.16 5956 180 Mission Linen Service 12/22/2021 460.13
5957 507 Muniquip,LLC 12/22/2021 140.78
5958 763 NBS Government Finance Group 12/22/2021 500.00 5959 199 Northstar Chemical 12/22/2021 2,677.85
5960 302 Office Depot, Inc. 12/22/2021 133.64
5961 430 Quadient Finance USA, Inc. 12/22/2021 175.73
5962 808 Robert Half 12/22/2021 259.92
5963 779 SALEM Engineering Group, Inc. 12/22/2021 595.00 5964 307 Shred-It, C/O Stericycle, Inc. 12/22/2021 583.22 5965 271 State Water Resources Control Board 12/22/2021 112,744.12 5966 836 State Water Resources Control Board 12/22/2021 46,212.00 5967 529 Sterling Codifiers/American Legal Publishing12/22/2021 500.00 5968 814 Town and Country Fence, Inc 12/22/2021 11,467.00 5969 531 University of Southern California 12/22/2021 144.00 5970 409 Willdan Financial Services 12/22/2021 9,919.73 Total for 12/22/2021: 520,676.81
5971 251 ABS Direct, Inc. 01/06/2022 116.40
5972 250 Alhambra 01/06/2022 218.86
5973 396 American Fidelity Assurance 01/06/2022 3,600.58 5974 397 American Fidelity Assurance Company 01/06/2022 418.73 5975 736 ARA, Inc. 01/06/2022 925.44
5976 UB*01973 BRECKENRIDGE PROPERTY FUND 2016 LLC 01/06/2022 42.26 5977 193 BSK Associates 01/06/2022 1,053.00
5978 398 Central SanJoaquin Valley Risk Management Authorit 01/06/2022 26,014.00 5979 399 Central SanJoaquin Valley Risk Management Authorit 01/06/2022 14,623.00 5980 291 City of Livingston c/o L &L District Irrigation01/06/2022 5,489.40 AP Checks by Date - Summary by Check Date (1/14/2022 10:34 AM) Page 1 (irty o,f Uving1sto1n
1416 C Stroot
Livingston, CA 95334
Check No Vendor No Vendor Name Check Date Check Amount
5981 837 City of Los Banos 01/06/2022 350.00
5982 189 ComTech21 LLC 01/06/2022 38.72
5983 757 Anita Dhillon 01/06/2022 351.50
5984 549 Vanessa Belen Echevarria 01/06/2022 532.00
5985 455 Ernest Packaging Solutions 01/06/2022 3,700.19 5986 641 Ferguson Enterprises LCC #686 01/06/2022 1,285.35 5987 260 First Communications, LLC 01/06/2022 21.92
5988 188 Frontier 01/06/2022 5,704.75
5989 387 Frontier Communications Corp Frontier Comm of Global 01/06/2022 Valley 151.32 5990 164 Garza Tire & Wheel, Inc 01/06/2022 1,197.86
5991 262 Gilton Solid Waste 01/06/2022 95,010.34
5992 356 Gouveia Engineering, Inc. 01/06/2022 572.26
5993 267 Hoffman Security 01/06/2022 36.95
5994 501 Hunt & Sons, Inc. 01/06/2022 1,596.14
5995 400 In-Shape Health Clubs 01/06/2022 115.00
5996 388 Interstate Battery System of Fresno 01/06/2022 299.28 5997 UB*01972 MANDEEP KAUR 01/06/2022 173.40
5998 318 La Rue Communications 01/06/2022 113,066.12
5999 838 Cynthia Medrano 01/06/2022 200.00
6000 522 Merced County Assessor's Office 01/06/2022 365.00 6001 559 Merced County Environmental Health 01/06/2022 3,250.00 6002 269 Merced Pest Control 01/06/2022 80.00
6003 180 Mission Linen Service 01/06/2022 537.48
6004 194 Modesto Welding Products 01/06/2022 21.00
6005 197 N & S Tractor 01/06/2022 10.80
6006 632 National Business Furniture, LLC 01/06/2022 5,711.96 6007 302 Office Depot, Inc. 01/06/2022 112.98
6008 203 PG&E 01/06/2022 103.49
6009 405 Premier Access Insurance Company 01/06/2022 12,559.51 6010 554 Alvaro Ramirez 01/06/2022 64.00
6011 392 Randik Paper 01/06/2022 152.55
6012 561 Safe-T-Lite of Modesto, Inc. 01/06/2022 685.56 6013 499 Safety-Kleen Systems, Inc. 01/06/2022 453.77
6014 589 Shannon Pump Co. 01/06/2022 2,256.78
6015 307 Shred-It, C/O Stericycle, Inc. 01/06/2022 260.82 6016 308 Sprint 01/06/2022 125.98
6017 309 St. Francis Electric 01/06/2022 2,041.85
6018 598 Standard Insurance Company RB 01/06/2022 4,732.06 6019 393 State of California 01/06/2022 635.83
6020 738 TimeClock Plus, LLC 01/06/2022 474.98
6021 313 U.S. Bank Equipment Finance 01/06/2022 141.79
6022 249 United Site Services 01/06/2022 608.77
6023 314 Valley Coffee 01/06/2022 67.95
6024 210 WGR Southwest, Inc. 01/06/2022 1,119.00
6025 597 Work Wellness 01/06/2022 376.00
Total for 1/6/2022: 313,854.68
6026 736 ARA, Inc. 01/14/2022 1,542.40
6027 411 Harpreet Bains 01/14/2022 25.00
6028 162 Steve Bassi 01/14/2022 25.00
6029 538 Adanan Bath 01/14/2022 25.00
6030 272 Charter Communications 01/14/2022 202.50
6031 293 Department of Justice Accounting Office 01/14/2022 229.64 6032 387 Frontier Communications Corp Frontier Comm of Global 01/14/2022 Valley 151.32 6033 159 Andres Fuentes 01/14/2022 25.00
6034 839 HolidayGoo 01/14/2022 647.52
AP Checks by Date - Summary by Check Date (1/14/2022 10:34 AM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
6035 296 Image Source 01/14/2022 258.41
6036 786 J.B, Anderson Land Use Planning 01/14/2022 16,609.50 6037 676 M4 Concrete and Drywall, Inc. 01/14/2022 48,459.09 6038 576 Mid Cal Pipeline & Utilities, Inc. 01/14/2022 252,481.67 6039 389 Mid Valley IT 01/14/2022 1,436.06
6040 797 Midland Tractor Company 01/14/2022 35,126.50
6041 197 N & S Tractor 01/14/2022 30.20
6042 792 Never Boring 01/14/2022 312.50
6043 205 Paramount Pest Services 01/14/2022 233.00
6044 428 Manuel Prado 01/14/2022 122.38
6045 535 Jason Roth 01/14/2022 25.00
6046 779 SALEM Engineering Group, Inc. 01/14/2022 3,415.00 6047 407 San Joaquin Valley Air Pollution Control District. 01/14/2022 290.00 6048 836 State Water Resources Control Board 01/14/2022 10,602.00 6049 527 SWRCB Accounting Office 01/14/2022 20,485.78
6050 590 T- Mobile USA, Inc. 01/14/2022 60.00
6051 422 U.S. Bank Corporate Payment Systems 01/14/2022 13,008.02 6052 314 Valley Coffee 01/14/2022 54.65
6053 367 Verizon Wireless 01/14/2022 1,277.54
6054 818 Renee Waite-Mendonca 01/14/2022 25.00
6055 536 Robert Wallis 01/14/2022 25.00
Total for 1/14/2022: 407,210.68
Report Total (119 checks): 1,241,742.17
AP Checks by Date - Summary by Check Date (1/14/2022 10:34 AM) Page 3

Page 1 of 9 ends

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL
SEPTEMBER 21, 2021
A Closed Session/Regular Meeting of the Livingston City Council was held on September 21, 2021, in the City Council Chambers, with Mayor Aguilar presiding.

CALL TO ORDER
Mayor Aguilar called the meeting to order at 6:00 p.m.

ROLL CALL
Mayor Juan Aguilar Jr.

Mayor Pro-Tem Raul Garcia
Council Member Maria Baptista-Soto
Council Member Jose A. Moran
Council Member Gagandeep Kang

CLOSED SESSION
Mayor Aguilar opened the meeting for public comments at 6:02 p.m. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matters:

3. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Vanessa Portillo, Interim City Manager Employee Organizations:

OE3 - Police Supervisory Employees Association
OE3- Livingston Police Officer Association
OE3- Management/Confidential Bargaining Unit
OE3- Clerical Bargaining Unit
AFSCME- Public Works and Park Unit

4. Conference with Legal Counsel – Potential Litigation- Significant Exposure to Litigation (Government Code Section 54956.9(d) (2))
Number of Cases: 2

Page 2 of 9 ends

REGULAR MEETING
Mayor Aguilar called the meeting to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.

ROLL CALL
Mayor Juan Aguilar Jr.

Mayor Pro-Tem Raul Garcia
Council Member Maria Baptista-Soto
Council Member Jose A. Moran
Council Member Gagandeep Kang

CLOSED SESSION ANNOUNCEMENTS
Council will resume to closed session after the regular meeting.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Aguilar opened Citizen Comments at 7:03 p.m.

Citizen Comments:

Katherine Schell-Rodriguez
Mike Torres
Leticia Vasquez
Jose Flores
Gurpal Samra
Colette Alvernaz
Wapinder Kang
Yesenia Ceja
Dwight Larks
Jasmin Lopez
Liliana Fernandez
Karl Schottler (by teleconference)
Public Comments by email or letter:

Dulce Galvan
Paula Martinez
Council responded to citizen comments.

Mayor responded to Council Member Moran’s questions.

Mayor Aguilar closed Citizen Comments at 7:43 p.m., as there were no further comments from the public.

Page 3 of 9 ends

ANNOUNCEMENTS AND REPORTS
There was no report from County Supervisor Rodrigo Espinoza.

City Staff and City Manager Announcements and Reports
• Public Works Superintendent Avina
• Recreation Superintendent Benoit
City Council Members and Mayor’s Announcements and Reports • Council Member Soto
• Mayor Pro-Tem Garcia
Staff responded to Council questions.

Public Comments:

Katherine Schell-Rodriguez
Wapinder Kang (translated for two attendees that did not state their names) At 8:22 p.m., Mayor Aguilar called for a brief recess.

At 8:34 p.m., the meeting was reconvened.

CONSENT AGENDA

1. WAIVING OF READING OF ORDINANCE AND RESOLUTIONS
City Council Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading the Title only, Unless Otherwise Requested by the Mayor or a Council Member.

There was a brief discussion between Council and staff regarding the waiving of reading of ordinance and resolutions.

Mayor Aguilar opened Public Comments at 8:38 p.m.

Public Comments:

Katherine Schell- Rodriguez
City Attorney responded to public comments.

Mayor Aguilar closed Public Comments at 8:40 p.m. as there were no further comments from the public.

Motion: M/S Moran/Garcia to Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading the Title only, Unless Otherwise Requested by the Mayor or a Council Member. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Soto, Moran, Kang, Garcia, and Aguilar NOES: Council Members: None
ABSENT: Council Members: None

2. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated September 16, 2021.

Page 4 of 9 ends

There was a brief discussion between Council and staff regarding invoices.

Mayor Aguilar opened Public Comments at 8:45 p.m.

Public Comments:

Katherine Schell-Rodriguez
Colette Alvernaz
Mayor Aguilar closed Public Comments at 8:48 p.m., as there were no further comments from the public.

Motion: M/S Garcia/Kang to Ratify Warrant Register Dated September 16, 2021. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Soto, Moran, Kang, Garcia, and Aguilar NOES: Council Members: None
ABSENT: Council Members: None

7. APPROVE CITY HALL LOBBY REMODEL
Resolution Approving the City Hall Lobby Remodel.

There was a brief discussion between Council and staff regarding the City Hall lobby remodel.

Mayor Aguilar opened Public Comments at 8:59 p.m.

Public Comments:

Katherine Schell-Rodriguez
Colette Alvernaz
Mayor Aguilar closed Public Comments at 9:01 p.m., as there were no further comments from the public.

Motion: M/S Garcia/Moran to adopt Resolution No. 2021-64, Approving the City Hall Lobby Remodel. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Soto, Moran, Kang, Garcia, and Aguilar NOES: Council Members: None
ABSENT: Council Members: None

9. APPROVE DECLARATION OF CERTAIN PROPERTY AS SURPLUS
Resolution Approving the Declaration of Certain Property as Surplus and Authorizing its Disposal.

There was a brief discussion between Council and Interim City Manager Portillo.

Mayor Aguilar opened Public Comments at 9:04 p.m.

Public Comments:

Katherine Schell-Rodriguez
Mayor Aguilar closed Public Comments at 9:06 p.m. as there were no further comments from the public.

Page 5 of 9 ends

Motion: M/S Garcia/Moran to adopt Resolution No. 2021-65, Approving the Declaration of Certain Property as Surplus and Authorizing its Disposal. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Soto, Moran, Kang, Garcia, and Aguilar NOES: Council Members: None
ABSENT: Council Members: None

10. APPROVE AWARD OF AGREEMENT FOR PLANNING SERVICES
Resolution Approving Award of Agreement for Planning Services to J. B. Anderson Land Use Planning.

There was a brief discussion between Council and staff regarding the agreement for planning services to J.B Anderson.

Mark Niskanen, Vice President at J.B. Anderson, provided the company’s background, history, service rate, and services they will provide. In addition, he responded to Council questions.

Mayor Aguilar opened Public Comments at 9:20 p.m.

Public Comments:

Katherine Schell-Rodriguez
Gurpal Samra
Colette Alvernaz
Leticia Vasquez
Mark Niskanen responded to public comments.

Mayor Aguilar closed Public Comments at 9:33 p.m. as there were no further comments from the public.

Motion: M/S Garcia/Kang to adopt Resolution No. 2021-66, Approving Award of Agreement for Planning Services to J. B. Anderson Land Use Planning. The motion carried 4-0-0-1 by the following roll call vote:

AYES: Council Members: Soto, Kang, Garcia, and Aguilar
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: Moran

3. RATIFY CONTRACT WITH ROLFE CONSTRUCTION
Resolution Ratifying the Contract Execution with Rolfe Construction for the Sidewalk Repair on Main and D Street.

4. AWARD A CONTRACT TO VSS INTERNATIONAL, INC.

Resolution to Accept BID and Award a Contract to VSS International, Inc. for the 2021 Slurry Seals Project and Authorizing the Interim City Manager to Execute the Agreement.

6. SECOND READING AND ADOPTION OF ORDINANCE
Second Reading and Final Adoption of Ordinance Amending the City of Livingston Zoning Map, to Change the Approximate 4 Acre Site from Highway Service Commercial to High Density Residential, Rezone 2021-01.

Page 6 of 9 ends

Deputy City Clerk Cisneros noted that Colette Alvernaz’s letter was provided to the council.

8. APPROVE ANNUAL LOCAL TRANSPORTATION FUND CLAIM
Resolution Approving the Annual Local Transportation Fund (LTF) Claim to be filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2021-2022.

Motion: Moran/Garcia to approve Items 3, 4, 6, and 8 of the Consent Agenda. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Soto, Moran, Kang, Garcia, and Aguilar NOES: Council Members: None
ABSENT: Council Members: None

PUBLIC HEARINGS

11. Resolution to Approve the Villages at Main Apartment Community; Site Plan and Design Review 2019-04; and associated Environmental Documents for the Construction of a 480 Unit MultiFamily Housing Development Southeast of the Intersection of Peach Ave and Main St, Adjacent to and South of the Livingston High School Playing Fields; APN#: 047-280-020 and -029.

Contract City Planner Hatch introduced this item and responded to Council questions.

Haren Sanghera from GDR Engineering provided information on the proposed development and answered questions from the Council.

Charlie Simpson answered Council Member Moran’s question about traffic safety.

There was a lengthy discussion between Council, staff, and GDR engineers.

Mayor Aguilar opened Public Hearing at 10:33 p.m.

Public Comments:

Mike Torres
Colette Alvernaz
Gurpal Samra
Attendee (did not state name)
David Bates
Max Garcia, Vice President of GDR Engineering, and Charlie Simpson (environmental consultant) responded to public comments.

Mayor Aguilar closed Public Hearing at 11:18 p.m.

Mayor Aguilar re-opened Public Hearing at 11:18 pm.

Public Comments:

Mandeep Singh
Attendee (did not state name)
Max Garcia, Vice President of GDR Engineering and Interim City Manager Portillo, responded to public comments.

Page 7 of 9 ends

Mayor Aguilar closed Public Hearing at 11:34 p.m. as there were no further questions from the public.

Mayor Aguilar re-opened Public Hearing at 12:10 p.m.

Public Comments:

Colette Alvernaz
Katherine Schell-Rodriguez
Mayor Aguilar closed Public Hearing at 12:17 p.m. as there were no further comments from the public.

Motion: Moran/Soto to continue the Public Hearing (item 11) in two weeks. The motion carried 3-1-0-1 by the following roll call vote:

AYES: Council Members: Soto, Moran, and Aguilar
NOES: Council Members: Garcia
ABSENT: Council Members: None
ABSTAIN: Council Members: Kang

5. SECOND READING AND ADOPTION OF ORDINANCE
Second Reading and Adoption of Ordinance of the City Council of the City of Livingston Establishing New Rates for Solid Waste Service (Garbage Service) Fee (Continued from August 17, 2021 City Council Meeting).

Interim City Manager Portillo introduced this item and answered Council questions.

Mayor Aguilar opened Public Hearing at 12:23 p.m.

Public Comments:

Colette Alvernaz (question on item 12)
Mayor Aguilar closed Public Hearing at 12:25 p.m.

Mayor Pro-Tem Garcia left the Council Chambers at 12:27 p.m.

Clerk Notes: A PowerPoint presentation was provided for all three utility rate items (items 5, 12, and 13).

Mayor Aguilar opened Public Comments at 12:44 p.m.

Public Comments:

Katherine Schell-Rodriguez
City Manager Portillo responded to public comments.

Mayor Aguilar closed Public Comments at 12:47 p.m. as there were no further comments from the public.

Motion: M/S Soto/Moran to adopt Ordinance No. 644, Establishing New Rates for Solid Waste Service (Garbage Service) Fee. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members: Soto, Kang, Moran, and Aguilar
NOES: Council Members: None

Page 8 of 9 ends

ABSENT: Council Members: Garcia

PUBLIC HEARINGS

12. Ordinance of the City Council of the City of Livingston Adopting a New Rate Schedule for Water Service (Continued from August 17, 2021 City Council Meeting).

Interim City Manager Portillo introduced this item and responded to Council questions.

Motion: M/S Moran/Soto to adopt the 2021 Rate study as presented and provides Direction to Staff to Incorporate: Organics Waste Fee (SB 1383) and water Management Planning Efforts (SB606) and allocate the ARP funds for Well 12 conveyance and treatment. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members: Soto, Kang, Moran, and Aguilar
NOES: Council Members: None
ABSENT: Council Members: Garcia

13. Resolution and Ordinance of the City Council of the City of Livingston Adopting a New Rate Schedule for Domestic Wastewater Service (Sewer Service) – (Continued from August 17, 2021 City Council Meeting).

Interim City Manager Portillo introduced this item and responded to Council questions.

Motion: M/S Moran/Soto to adopt Ordinance No. 644, Establishing New Rates for Solid Waste Service (Garbage Service) Fee, and incorporate the ARP funds of $222,525. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members: Soto, Kang, Moran, and Aguilar
NOES: Council Members: None
ABSENT: Council Members: Garcia

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

The Council resumed the closed session to discuss the remaining items.

CLOSED SESSION ANNOUNCEMENTS
Council gave direction to staff.

ADJOURNMENT
The meeting was adjourned by consensus at 1:25 a.m.
__________________________________
Deputy City Clerk of the City of Livingston

Page 9 of 9 ends

APPROVED:
_____________________________
Mayor or Mayor ProTempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

Page 1 of 5 ends

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
OCTOBER 5, 2021
A Regular Meeting of the Livingston City Council was held on October 5, 2021, in the City Council Chambers with Mayor Aguilar presiding.

REGULAR MEETING
Mayor Aguilar called the meeting to order at 7:03 p.m.

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.

ROLL CALL
Mayor Juan Aguilar Jr.

Mayor Pro-Tem Raul Garcia (Late Attendance)
Council Member Maria Baptista-Soto
Council Member Jose A. Moran
Council Member Gagandeep Kang
Mayor Pro-Tem Garcia was marked absent during roll call; however, Mayor Pro-Tem Garcia entered the Council of Chambers at 7:29 p.m. after the roll call was taken. Therefore, the roll call was changed to Mayor Pro-Tem Garcia being late.

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

CHANGES TO THE AGENDA
Items 2, 4, and 5 were pulled for discussion.

Page 2 of 5 ends

CITIZEN COMMENTS

Mayor Aguilar opened Citizen Comments at 7:04 p.m.

Citizen Comments:

Colette Alvernaz
Mike Torres
Attendee (did not state name)
Katherine Schell Rodriguez
Leticia Vasquez
Citizen Comments by email or Letter:

David Blevins
Frank Foster
Contract City Planner Charlie Simpson, City Attorney Hallinan, and Mayor Aguilar responded to public comments.

Mayor Aguilar closed Citizen Comments at 7:24 p.m., as there were no further comments from the public.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
• Police Chief Markle
Mayor and Council Members Announcements and Reports
• Council Member Kang
• Council Member Moran
• Council Member Soto
• Mayor Aguilar
Staff responded to Council questions.

CONSENT AGENDA

There was a brief discussion between the Council and staff regarding Proclaiming a Local Emergency and Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Livingston Pursuant to Brown Act Provisions.

Mayor Aguilar opened Public Comments at 7:49 p.m.

Public Comments:

Katherine Schell Rodriguez
Leticia Vasquez
Mandeep Singh
Jilda Lopez
City Attorney Hallinan responded to public comments.

Page 3 of 5 ends

Mayor Aguilar closed Public Comments at 7:54 p.m. as there were no further comments from the public.

Motion: M/S Garcia/Soto to adopt Resolution No. 2021-71, Proclaiming a Local Emergency and Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Livingston Pursuant to Brown Act Provisions. The motion carried 4-1-0 by the following roll call vote:

AYES: Council Members: Soto, Kang, Garcia, and Aguilar
NOES: Council Members: Moran
ABSENT: Council Members: None

4. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 2, 2021.

There was a brief discussion between the Council and staff regarding the Minutes of Meeting Held on March 2, 2021.

Mayor Aguilar opened Public Comments at 8:05 p.m.

Public Comments:

Leticia Vasquez
Katherine Schell Rodriguez
Colette Alvernaz
Mayor Aguilar closed Public Comments at 8:11 p.m. as there were no further comments from the public.

Motion: M/S Garcia/Kang to approve the Minutes of Meeting Held on March 2, 2021. The motion carried 4-1-0 by the following roll call vote:

AYES: Council Members: Soto, Kang, Garcia, and Aguilar
NOES: Council Members: Moran
ABSENT: Council Members: None

5. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 16, 2021.

Motion: M/S Garcia/Kang to approve the Minutes of Meeting Held on March 16, 2021. The motion carried 4-1-0 by the following roll call vote:

AYES: Council Members: Soto, Kang, Garcia, and Aguilar
NOES: Council Members: Moran
ABSENT: Council Members: None

3. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated September 30, 2021.

Page 4 of 5 ends

6. SECOND READING AND ADOPTION OF ORDINANCE
Second Reading and Adoption of Ordinance of the City Council of the City of Livingston Establishing New Rates for Domestic Wastewater Service (Sewer Service).

7. SECOND READING AND ADOPTION OF ORDINANCE
Second Reading and Final Adoption of Ordinance Amending the City of Livingston Establishing New Rates for Water Service.

Motion: M/S Garcia/Soto to approve items 1, 3, 6, and 7 of the Consent Agenda. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Soto, Moran, Kang, Garcia, and Aguilar NOES: Council Members: None
ABSENT: Council Members: None

PUBLIC HEARINGS

8. Resolution to Approve the Villages at Main Apartment Community; Site Plan and Design Review 2019-04; and associated Environmental Documents for the Construction of a 480 Unit MultiFamily Housing Development Southeast of the Intersection of Peach Ave and Main St, Adjacent to and South of the Livingston High School Playing Fields; APN#: 047-280-020 and -029 (Continued from September 21, 2021 City Council Meeting).

Interim City Manager Portillo and Contract City Planner Charlie Simpson introduced this item and responded to Council questions.

There was a brief discussion between Council, staff, and Max Garcia.

Mayor Aguilar opened Public Hearing at 9:04 p.m.

Public Comments:

Mandeep Singh
Mike Torres
Colette Torres
Jilda Lopez
Diego Castillo
Contract City Planner Charlie Simpson, Mayor Aguilar, Interim City Manager Portillo, and Max Garcia responded to public comments.

Mayor Aguilar closed the Public Hearing at 9:28 p.m. as there were no further comments from the public.

Motion: M/S Garcia/Kang to adopt Resolution No. 2021-73, Approve the Villages at Main Apartment Community; Site Plan and Design Review 2019-04; and associated Environmental Documents for the Construction of a 480 Unit Multi-Family Housing Development Southeast of the Intersection of Peach Ave and Main St, Adjacent to and South of the Livingston High School Playing Fields; APN#: 047-280-020 and -029 (Continued from September 21, 2021 City Council Meeting) with the addition of Condition of Approval Number 25. The motion carried 3-1-0-1 by the following roll call vote:

AYES: Council Members: Kang, Garcia, and Aguilar

Page 5 of 5 ends

NOES: Council Members: Soto
ABSENT: Council Members: None
ABSTAIN: Council Members: Moran
Clerk Notes: Language for the Condition of Approval -No. 25 states as follows: “The developer shall work with the City to seek funding through grants and other various sources to address additional firefighting resources in terms of personnel and equipment.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor and Council Members provided direction to add the following items to a future agenda:
• Choose a date for Council and Recreation joint meeting. • Discuss Recreation fee schedule.
• Discuss planning commissioner and alternate planning commissioner vacancy.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:33 p.m. __________________________________
Deputy City Clerk of the City of Livingston
APPROVED:
_____________________________
Mayor or Mayor ProTempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

Page 1 of 5 ends

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
NOVEMBER 2, 2021
A Regular Meeting of the Livingston City Council was held on November 2, 2021, in the City Council Chambers with Mayor Aguilar presiding.

REGULAR MEETING
Mayor Aguilar called the meeting to order at 7:01 p.m.

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.

ROLL CALL
Mayor Juan Aguilar Jr.

Mayor Pro-Tem Raul Garcia
Council Member Maria Baptista-Soto
Council Member Jose A. Moran
Council Member Gagandeep Kang

CLOSED SESSION ANNOUNCEMENTS
Closed session will be resumed after the regular meeting.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS

Mayor Aguilar opened Citizen Comments at 7:03 p.m.

Citizen Comments:

Page 2 of 5 ends

Jessica Betschart
Mike Torres
Anna Villa
Citizen Comments by email or Letter:

Janet Martin
Mayor Aguilar responded to public comments.

Mayor Aguilar closed Citizen Comments at 7:16 p.m., as there were no further comments from the public.

There was a brief discussion between Council Member Kang and City Attorney Hallinan about rules for political signage.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
• Recreation Superintendent Benoit
• Interim City Manager Portillo
Mayor and Council Members Announcements and Reports
• Council Member Kang
• Council Member Moran
• Council Member Soto
• Mayor Aguilar
• Mayor Pro-Tem Garcia
Mayor Pro-Tem Garcia, for the record, noted that the City Treasurer and City Clerk were not present.

Staff responded to Council questions.

At 7:50 p.m., Mayor Aguilar called for a brief recess.

At 8:00 p.m., Mayor Aguilar reconvened the meeting.

CONSENT AGENDA

2. AUTHORIZE REMOTE TELECONFERENCE MEETINGS
Continue Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Livingston Pursuant to Brown Act Provisions.

3. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated October 14, 2021.

4. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated October 28, 2021.

Page 3 of 5 ends

5. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 6, 2021.

6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 20, 2021.

7. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 4, 2021.

8. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 1, 2021.

9. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 2, 2021.

10. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 7, 2021.

11. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 15, 2021.

12. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 22, 2021.

13. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on July 1, 2021.

14. APPROVE INSTALLATION OF IRON FENCING
Adopt a Resolution Approving the Installation of Iron Fencing at the Public Works’ Yard.

There was a brief discussion between Council and staff on items 2 and 14.

Motion: M/S Garcia/Soto to approve the Consent Agenda. The motion carried 4-0-0-1 by the following roll call vote:

AYES: Council Members: Soto, Kang, Garcia, and Aguilar
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: Moran

PUBLIC HEARINGS

15. City Council Appoint a Regular Member and a Second Alternate Member to the Planning Commission.

Contract City Planner Hatch introduced this item and responded to Council questions.

Mayor Aguilar opened public comments at 8:20 p.m.

Public Comments:

Andres Fuentes
Mayor Aguilar closed public comments at 8:21 p.m.

Page 4 of 5 ends

There was a brief discussion between Council and staff.

Motion: M/S Aguilar/Garcia to appoint Andres Fuentes as the Alternate Planning Commissioner.

The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Soto, Moran, Kang, Garcia, and Aguilar NOES: Council Members: None
ABSENT: Council Members: None
Motion: M/S Soto/Kang to appoint Renee Waite Mendonca as Regular Planning Commissioner.

The motion carried 4-0-0-1 by the following roll call vote:

AYES: Council Members: Soto, Kang, Garcia, and Aguilar
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: Moran

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor and Council Members provided direction to add the following items to a future agenda:
• Discuss City Council and Mayor Termlimits.
• Discuss if City Treasurer and City Clerk should be added to the Announcement and Reports.

Council resumed closed session to discuss remaining items.

CLOSED SESSION ANNOUNCEMENTS
Council gave direction to staff on items 1 and 3. There was no report for item 2.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:14 p.m. __________________________________
Deputy City Clerk of the City of Livingston

Page 5 of 5 ends

Page 1 of 3 ends

MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
NOVEMBER 15, 2021
A Special Meeting of the Livingston City Council was held on November 15, 2021, in the Council of Chambers with Mayor Aguilar presiding.

CALL TO ORDER
Mayor Aguilar called the meeting to order at 5:30 p.m.

ROLL CALL
Mayor Juan Aguilar Jr.

Mayor Pro-Tem Raul Garcia (Excused Absence)
Council Member Maria Baptista-Soto
Council Member Jose A. Moran
Council Member Gagandeep Kang

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Aguilar opened and closed Citizen Comments at 5:32 p.m.

Citizen Comments:

Colette Alvernaz
David Acantilado
Mayor Aguilar closed Citizen Comments at 5:40 p.m. as there were no further comments from the public.

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AWARDS, PRESENTATIONS, PROCLAMATIONS

1. Swearing in of Planning Commissioner Renee W. Mendonca and Alternate Commissioner Andres Fuentes by Mayor Juan Aguilar, Jr.

Mayor Aguilar swore in Planning Commissioner Renee Waite Mendonca and Alternate Planning Commissioner Andres Fuentes.

2. Swearing in of Police Officer Destiny Mendoza by Mayor Juan Aguilar, Jr.

Mayor Aguilar swore Police Officer Destiny Mendoza.

Police Chief Markle noted that she is the first police officer since 2017. He provided a brief background of Ms. Mendoza.

At 5:46 p.m. Mayor Aguilar called for a brief recess.

At 6:00 p.m., the meeting was reconvened.

CLOSED SESSION

1. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Vanessa Portillo, Interim City Manager Employee Organizations:

OE3 - Police Supervisory Employees Association
OE3- Livingston Police Officer Association
OE3- Management/Confidential Bargaining Unit
OE3- Clerical Bargaining Unit
AFSCME- Public Works and Park Unit
Mayor Aguilar opened and closed Public Comments at 6:00 p.m. as there were no comments from the public.

Council went into closed session.

Council Member Moran left the Council of Chambers at 6:02 p.m.

City Attorney Hallinan joined the closed session meeting by teleconference at 6:05 p.m.

Council Member Moran joined the closed session meeting by teleconference at 6:08 p.m.

CLOSED SESSION ANNOUNCEMENTS
Council gave direction to staff.

ADJOURNMENT
The special meeting was adjourned by consensus at 6:34 p.m.

Page 3 of 3 ends

____________________________________
City Clerk of the City of Livingston
APPROVED:
___________________________
Mayor or Mayor ProTempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall. 1 STAFF REPORT
AGENDA ITEM: City Council to Authorize New Copier Lease Agreement with the Ray Morgan Company for Public Works Department
MEETING DATE: January 18, 2022
PREPARED BY: Tony Avina, Public Works Superintendent
REVIEWED BY: Vanessa Portillo, Interim City Manager
RECOMMENDATION:

That the City Council approve a resolution to authorize the copier lease agreement with the Ray Morgan Company.

BACKGROUND:

Public Works copier machine has reached its useful live and is no longer supported by the lease with Ray Morgan Company. The City would like to renew its lease agreement with Ray Morgan Company. Public Works would be receiving a new and up to date copy machine.

DISCUSSION:

The Public Works Department is currently under no contract lease and would like to get a contract lease agreement with the Ray Morgan Company. The lease term is for 60 months. Ray Morgan Company will provide a brand new copier. Per Ray Morgan’s quote, the City will receive a Canon Image RUNNER 3835i machine which will support the high volume print jobs processed in the department.

FISCAL IMPACT:

The new machine lease will increase the budgeted monthly rate by $54. The City will absorb the higher rate for the remainder of the Fiscal Year (5-months at $54: total $270) and will include the new rate in the budget for Fiscal Year 2022/23. This new fee also includes the delivery, installation and training of the new machine.

ATTACHMENTS:

1. Resolution

2. Ray Morgan Cost Comparison

Page 1 of 1 ends

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A COPIER

LEASE AGREEMENT WITH THE RAY MORGAN COMPANY FOR THE LIVINGSTON

PUBLIC WORKS DEPARTMENT
WHEREAS, the City of Livingston will approve a lease agreement with the Ray Morgan Company in January 2022;
WHEREAS, The Ray Morgan Company will install a new copier machine (Canon imageRUNNER 3835i model); and
WHEREAS, The Ray Morgan Company will ensure complete installation of the new machine; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston, State of California that:

1. The proposal of the copier lease with the Ray Morgan Company, is hereby accepted:

2. The City Manager or designee is hereby authorized and directed to execute an agreement in the form presented herewith for and on behalf of the City.

Passed and adopted this 18th day of January 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Juan Aguilar, Jr., Mayor
of the City of Livingston
ATTEST:

1 STAFF REPORT
AGENDA ITEM: Supplemental Appropriation For American Rescue Plan Act Funds MEETING DATE: January 18, 2022
PREPARED BY: Brad Grant – Finance Department
REVIEWED BY: Vanessa Portillo - City Manager

RECOMMENDATION
Adopt a Resolution authorizing the Finance Department to record proposed adjustments to the City’s 2021/22 Fiscal Year Budget.

BACKGROUND
On March 11, 2021, President Joe Biden signed into law a nearly $1.9 trillion coronavirus relief bill known as the American Rescue Plan Act of 2021 (ARPA). The law represents the sixth COVID-19 recovery measure that Congress has passed since last March. Local governments across the country will receive a total of $130.2 billion, including $65.1 billion to counties, and $65.1 billion to cities and towns. California counties will receive at least $7.675 billion. California cities will receive $8.222 billion.

Coronavirus State and Local Fiscal Recovery Funds (CSLFRF), which is the local governments share under ARPA, must be used within certain limits prescribed in law and U.S. Department Treasury regulations. Generally, the funds must be used during the period of March 3, 2021 to December 31, 2024. The funds must be obligated by December 31, 2024 and expended by December 31, 2026. The funds may not be spent on extraordinary pension deposits to pay prior obligations, may not be used to replenish rainy day funds or financial reserves, and may not be used for debt obligations or a non-federal match for other federal programs.

The funding objectives are to: Support public health response, address negative economic impacts, replace public sector revenue loss, premium pay for essential workers, water and sewer infrastructure and broadband infrastructure.

DISCUSSION
The City of Livingston’s estimated allocation is $3,563,440 and will be received in two payments. The first payment of $1,781,720 was received in July 2021 and the second is scheduled to be received about one year later.

The City’s adopted 2021/22 budget for the Revenue Stabilization Fund (Fund 1115) included estimated revenue of $2,803,846 and Special Project expenditures for the same amount.

2 Because the updated allocation estimate is higher than originally estimated and because recently adopted utility rates utilized ARPA funds to reduce rate increases and because recently approved Memorandums of Understanding (MOU) provided stipends to employees from ARPA funds, budgets need to be adjusted to reflect these items.

RECOMMENDED ADJUSTMENTS
Description Fund Original Budget Updated
Amount
Variance
City of Livingston’s Share –
ARPA Funds
1115 $2,803,846 $3,563,440 $759,594
Local Projects 1115 $2,803,846 $3,563,440 $759,594
Well 12 Conveyance and
Treatment – Utility Rate
Study
2104 0 $2.0 million $2.0 million
Disc and Ripper Tractor –
Utility Rate Study
2101 0 $222,525 $222,525
Employee Stipends - MOU Various 0 $340,872 $340,872

FISCAL IMPACT
All revenues and expenditures are from the ARPA funds and there is no impact on local resources.

ATTACHMENTS
Resolution amending the 2021/22 budget.

Page 1 of 2 ends

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING THE CITY’S 2021-22 FISCAL YEAR BUDGET
WHEREAS, on June 22, 2021, the City Council adopted the Operating and Capital Improvement Program Budgets for Fiscal Year 2021-22; and WHEREAS, it is prudent to review the adopted budget on a regular basis and amend as necessary; and
WHEREAS, the Finance staff has reviewed the current year budget with regard to the American Rescue Plan Act revenue and expenditure estimates and has determined the updates listed below will be necessary for the City to finish the fiscal year with the respective budget constraints.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston that it hereby amends the 2021-22 Budget with the adjustments below:

Description Fund Original
Budget
Updated
Amount
Variance
City of Livingston’s
Share - ARPA Funds
1115 $2,803,846 $3,563,440 $759,594
Local Projects 1115 $2,803,846 $3,563,440 $759,594
Well 12 Conveyance and
Treatment – Utility Rate
Study
2104 0 $2.0 million $2.0 million
Disc and Ripper Tractor
– Utility Rate Study
2101 0 $222,525 $222,525
Employee Stipends -
MOU
Various 0 $340,872 $340,872

Page 2 of 2 ends

Passed and adopted this 18th day of January, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Juan Aguilar, Jr., Mayor
of the City of Livingston
ATTEST:

STAFF REPORT
AGENDA ITEM: State and Local National Class Action Lawsuit Settlement MEETING DATE: January 18, 2022
PREPARED BY: Vanessa Portillo, Interim City Manager

RECOMMENDED COUNCIL ACTION
Adoption of a Resolution opting into Settlement Agreements with Opioid Distributors Amerisource Bergen, Cardinal Health, and McKeeson, and Opioid Manufacturer Janssen, whereby the County of Merced will receive the City’s designated share of the settlement funds; and authorizes and directs the City Manager to execute any documents necessary to implement action.

BACKGROUND/DISCUSSION
National Opioid Litigation
Between 2017 and 2020, the State of California, 51 of 58 California counties, and approximately 28 California municipalities filed lawsuits against opioid manufacturers and distributors seeking to abate the opioid crisis. Similar lawsuits were filed by almost all other states and many cities and local governments within those states. These lawsuits were consolidated into a class action lawsuit with the Plaintiff’s Class consisting of all state and local governments. As a result, the City of Livingston is a plaintiff in the lawsuit although the City is not required to pay any attorney fees or litigation costs.

Key Terms of National Settlement Agreements:

The proposed national Settlement Agreements will provide substantial funds to states and eligible local governments for abatement of the opioid epidemic across the country. The proposed settlement totals approximately $26 billion ($21 billion from the Distributors and $5 billion from Janssen). Of this potential $26 billion approximately $22.8 billion in settlement proceeds are payable to state and local governments. Funds are to be distributed in a period of eighteen (18) years.

The settlement proceeds to be paid to state and local governments will be in proportion to the number of state and local governments that approve the settlement. Based on the allocation formula for the states, the maximum amount California will receive will be approximately $2.263 billion ($2,263,923,602) with $339.5 million ($339,538,340) being retained by the state and $1.9 billion ($1,924,335,342) being allocated to counties and municipalities.

Allocation for the City of Livingston
A municipality that is an eligible local government will be allocated its Local Allocation only when it becomes a participating subdivision by signing the Participation Agreements to the Settlement Agreements.

Page 2 of 3 ends

Each County and City that receives payment of funds from the settlements must prepare written reports at least annually regarding the use of those funds until the funds are fully expended and for one year thereafter. These reports will also include a certification that all funds received have been used in compliance with the allocation agreements. Further, each County and City will need to track all deposits and expenditures. A County is not responsible for oversight, reporting, or monitoring of funds received by a City, which receives direct payment within such County.

California Counties and Cities have been allocated approximately $1,924,335,062, which is 85% of the total amount allocated to California. The City of Livingston has been allocated, at most, .00045873% of $1,924,335,062 (i.e., best case scenario), which is equal to approximately $88,275. This total amount will be disbursed over eighteen (18) years, which totals approximately $4,900 per year. As stated above, the definite amount is not yet known because of the bonus structure built into the agreements.

The default distribution of funds in the settlement agreements provides that the funds will go directly to the County in which a City is located. A City can elect to have its funds delivered directly to the City by providing notice in the settlement agreements. Additionally, a City within a County may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the County, by providing notice to the settlement fund administrators at least sixty days prior to a payment date.

In deciding whether to allow a City’s funds to go directly to the County in which a City is located, a City should consider the following: (1) whether the amount of money is substantial enough for the City to handle it on its own; (2) whether the City offers the services and has the employees to spend the money in accordance with its prescribed uses; and (3) whether the City wants to engage in the onerous reporting requirements over the course of the next nineteen years (eighteen years of distribution and an additional year following final distribution).

Opting In
The City must opt into the settlements by January 26, 2022 by signing and submitting Participation Agreements, which requires the City to release its claims against the Distributors and Janssen. If the City takes no action, it will have opted out of the settlements and its designated funds will flow to the state. The City would still have the opportunity to bring its own action against the Distributors and Janssen but at the City will incur high litigation expenses.

Conclusion
Unless the City intends to pursue its own litigation against the Distributors and Janssen, or assume programs, services, and laborious reporting requirements related to the limited usage allowed for those funds, it is recommended that the City opt into the settlements and default them to the County. Given the relatively small amount of funds (around $4,900 per year) and the complex reporting requirements, it is also recommended that the City accept the default distribution and allow its funds to deposit with the County.

FISCAL IMPACT
There are no fiscal impacts associated with the City Council opting into the two Settlement Agreements and accepting the default distribution to allow the City of Livingston’s designated settlement funds to flow directly to Merced County as this action relieves the City from the annual reporting obligations while increasing access to services to our community.

Page 3 of 3 ends

ATTACHMENTS

1. Resolution of the City Council of the City of Livingston Opting into National Opioid Settlement Agreements

2. Exhibit A – CA Allocation Percentages

3. Exhibit B – List of Allowed Uses of Settlement Funds

Page 1 of 3 ends

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON OPTING

INTO SETTLEMENT AGREEMENTS WITH OPIOID DISTRIBUTORS, AMERISOURCE BERGEN, CARDINAL HEALTH, AND MCKESSON; AND OPTING INTO

SETTLEMENT AGREEMENT WITH OPIOID MANUFACTURER, JANSSEN, WHEREBY THE COUNTY OF MERCED WILL RECEIVE THE CITY’S DESIGNATED

SHARE OF SETTLEMENT FUNDS
WHEREAS, state and local subdivisions throughout the Country have, and continue to experience, an opioid epidemic as a result of opioid misuse, abuse, dependency, overdoses, and opioid related deaths; and
WHEREAS, on July 22, 2021, a settlement was announced in multi-district federal litigation brought by state and local subdivisions across the country against the three largest opioid distributors – McKesson, Cardinal Health, and Amerisource Bergen – and the opioid manufacturer Janssen (owned by Johnson and Johnson) seeking damages and injunctive relief arising from opioid use and misinformation; and WHEREAS, the proposed settlement (Settlement Agreements) consists of two agreements: one with the opioid distributors and another with Janssen; and WHEREAS, pursuant to the terms of the Settlement Agreements, $21 billion will be paid by the opioid distributors over an eighteen (18) year period and Janssen will pay $5 billion over a seven (7) year period to states and local eligible subdivisions; and WHEREAS, pursuant to the terms of the Settlement Agreements, California is scheduled to receive approximately $2.263 billion; and
WHEREAS, pursuant to the terms of the Settlement Agreements, the litigating subdivisions in the State of California secured and entered into an Intrastate Allocation Agreement with the State of California to design an allocation plan different than the default in the Settlement Agreement, which disburses the total amount of settlement funds California is to receive as follows: fifteen (15) percent to the State Fund, fifteen (15) percent to the Subdivision Fund, and the remaining seventy (70) percent to the Abatement Accounts Fund; and
WHEREAS, pursuant to the terms of the Settlement Agreements, state and eligible local subdivisions must “opt-in” to the settlement on or before January 26, 2022, by, among other possible actions, executing Participation Agreements to receive the benefits of the Settlement in exchange for releasing its claims against the opioid distributors and Janssen; and

Page 2 of 3 ends

WHEREAS, Cities that opt-in to participate in the settlement may elect whether to directly receive their designated share of the settlement funds for their own use, or to have their designated share of settlement funds flow directly to their County to relieve them from the annual reporting obligations; and
WHEREAS, local subdivisions may also choose not to opt-in and participate in the settlement to retain their right to pursue their own litigation against the opioid distributors and Janssen, in which case the subdivision’s designated share of settlement funds will flow directly to their respective State instead of their County; and WHEREAS, the City of Livingston wishes to opt-in and participate in the settlement and agree to the material terms of the proposed Settlement Agreements and California Intrastate Allocation Agreements; and
WHEREAS, due to the City of Livingston’s potential relatively small share of settlement funds (approximately $4,900 annually for eighteen (18) years) and the onerous reporting requirements, the City elects to have its designated share of settlement funds to flow directly to the County of Merced.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston does hereby resolve, declare, determine, and order as follows:

1. The above recitals are true and correct and are incorporated herein by reference.

2. The City of Livingston elects to “opt in” to the Settlement with distributors McKesson, Cardinal Health, and Amerisource Bergen, and with manufacturer Janssen Pharmaceuticals, Inc., a subsidiary of Johnson & Johnson, relating to the National Multi-District Opioid Litigation, as a full participant.

3. The City Manager is hereby authorized and directed to execute the Participation Agreements and all other documents along with taking all necessary and reasonable actions to effectuate the City’s participation in the Settlement and carry out the purpose and intent of this resolution, each following review and approval of the City Attorney.

4. This resolution is effective immediately upon adoption.

Passed and adopted this 18th day of January, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Juan Aguilar Jr., Mayor
of the City of Livingston

Page 3 of 3 ends

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 18th day of January, 2022.
__________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPENDIX 1
DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—Distributor Settlement, whereas the percentages shown in the Abatement Percentage column should not change. Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change. Regarding the column herein entitled “Abatement Percentage,” pursuant to Section 4.B.e., the State of California will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CAParticipating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” payments allocated to a Plaintiff Subdivision, which is not an Initial Participating Subdivision, will be re-allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. Regarding the column herein entitled “Abatement Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Abatement Account Funds received, pursuant to Section 4.B. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Subdivision Funds received, pursuant to Section 4.C. Regarding the column herein entitled “Weighted Allocation Percentage,” the annotation of “100%” refers to onehundred percent (100%) of the combined and weighted allocation of the Abatement Percentage and the Plaintiff Subdivision Percentage.

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EXHIBIT A
APPENDIX 1
100.000% 100.000% 100.000%
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage County Alameda County Alameda 2.332% 2.853% 2.4237952%
City Alameda Alameda 0.069% 0.0570162%City Albany Alameda 0.013% 0.0107768%City Berkeley Alameda 0.152% 0.1249656%City Dublin Alameda 0.033% 0.040% 0.0338810%City Emeryville Alameda 0.023% 0.0185765%City Fremont Alameda 0.108% 0.0888576%City Hayward Alameda 0.117% 0.0966218%City Livermore Alameda 0.054% 0.0446740%City Newark Alameda 0.026% 0.0217626%City Oakland Alameda 0.486% 0.595% 0.5055601%City Piedmont Alameda 0.014% 0.0114064%City Pleasanton Alameda 0.067% 0.0554547%City San Leandro Alameda 0.039% 0.0321267%City Union City Alameda 0.043% 0.0352484% County Amador County Amador 0.226% 0.277% 0.2349885%County Butte County Butte 1.615% 1.975% 1.6783178% City Chico Butte 0.216% 0.264% 0.2246499%City Oroville Butte 0.079% 0.0646595% County Calaveras County Calaveras 0.226% 0.277% 0.2351644%County Colusa County Colusa 0.059% 0.0489221%County Contra Costa County Contra Costa 2.102% 2.571% 2.1844585% City Antioch Contra Costa 0.037% 0.0301879%City Brentwood Contra Costa 0.026% 0.0215339%City Clayton Contra Costa 0.002% 0.0018060%City Concord Contra Costa 0.055% 0.0456676%City Danville Contra Costa 0.010% 0.0082255%City El Cerrito Contra Costa 0.023% 0.0189024%City Hercules Contra Costa 0.010% 0.0078273% 1 of 15

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APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Lafayette Contra Costa 0.006% 0.0046030%City Martinez Contra Costa 0.012% 0.0098593%City Moraga Contra Costa 0.004% 0.0031007%City Oakley Contra Costa 0.010% 0.0079416% City Orinda Contra Costa 0.005% 0.0038157%City Pinole Contra Costa 0.013% 0.0110909% City Pittsburg Contra Costa 0.053% 0.0436369%
City Pleasant Hill Contra Costa 0.013% 0.0106309%City Richmond Contra Costa 0.146% 0.1201444% City San Pablo Contra Costa 0.018% 0.0148843%
City San Ramon Contra Costa 0.021% 0.0176459%
City Walnut Creek Contra Costa 0.026% 0.0212132%
County Del Norte County Del Norte 0.114% 0.140% 0.1189608%County El Dorado County El Dorado 0.768% 0.939% 0.7980034% City Placerville El Dorado 0.015% 0.0127642%City South Lake Tahoe El Dorado 0.081% 0.0665456% County Fresno County Fresno 1.895% 2.318% 1.9693410%
City Clovis Fresno 0.065% 0.0536211%
City Coalinga Fresno 0.012% 0.0098554%City Fresno Fresno 0.397% 0.3270605%City Kerman Fresno 0.005% 0.0042534% City Kingsburg Fresno 0.008% 0.0066167%City Mendota Fresno 0.002% 0.0019387% City Orange Cove Fresno 0.004% 0.0035607%
City Parlier Fresno 0.008% 0.0069755%
City Reedley Fresno 0.012% 0.0098804%City Sanger Fresno 0.018% 0.0146135%City Selma Fresno 0.015% 0.0127537% County Glenn County Glenn 0.107% 0.131% 0.1116978%County Humboldt County Humboldt 1.030% 1.260% 1.0703185% 2 of 15

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APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Arcata Humboldt 0.054% 0.0447660%
City Eureka Humboldt 0.117% 0.143% 0.1216284%
City Fortuna Humboldt 0.032% 0.0266837%
County Imperial County Imperial 0.258% 0.315% 0.2679006% City Brawley Imperial 0.011% 0.0087986%
City Calexico Imperial 0.019% 0.0152799%City El Centro Imperial 0.158% 0.1302522%City Imperial Imperial 0.006% 0.0048791% County Inyo County Inyo 0.073% 0.089% 0.0754413%County Kern County Kern 2.517% 3.079% 2.6159145% City Arvin Kern 0.006% 0.0046425%City Bakersfield Kern 0.212% 0.1747198%City California City Kern 0.009% 0.0070820%City Delano Kern 0.030% 0.0249316% City McFarland Kern 0.003% 0.0025644%
City Ridgecrest Kern 0.015% 0.0120938%City Shafter Kern 0.013% 0.0103417% City Tehachapi Kern 0.009% 0.0073580%City Wasco Kern 0.008% 0.0069861% County Kings County Kings 0.293% 0.2413469%
City Avenal Kings 0.007% 0.0056335%
City Corcoran Kings 0.013% 0.0107032%
City Hanford Kings 0.027% 0.0226038%City Lemoore Kings 0.016% 0.0131900% County Lake County Lake 0.795% 0.6545389%
City Clearlake Lake 0.041% 0.050% 0.0426253%City Lakeport Lake 0.021% 0.026% 0.0222964% County Lassen County Lassen 0.319% 0.391% 0.3320610%
City Susanville Lassen 0.027% 0.0219295%
County Los Angeles County Los Angeles 13.896% 16.999% 14.4437559% 3 of 15

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APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Agoura Hills Los Angeles 0.005% 0.0040024%
City Alhambra Los Angeles 0.042% 0.0343309%
City Arcadia Los Angeles 0.033% 0.0267718%
City Artesia Los Angeles 0.001% 0.0005100%
City Azusa Los Angeles 0.026% 0.0210857%City Baldwin Park Los Angeles 0.027% 0.0218520% City Bell Los Angeles 0.008% 0.0068783%
City Bellflower Los Angeles 0.002% 0.0014485%City Bell Gardens Los Angeles 0.014% 0.0114301% City Beverly Hills Los Angeles 0.065% 0.0534897%City Burbank Los Angeles 0.100% 0.0823132% City Calabasas Los Angeles 0.006% 0.0048948%
City Carson Los Angeles 0.019% 0.0159805%City Cerritos Los Angeles 0.005% 0.0039682% City Claremont Los Angeles 0.010% 0.0082584%City Commerce Los Angeles 0.000% 0.0002971%City Compton Los Angeles 0.044% 0.0361882% City Covina Los Angeles 0.028% 0.0229127%
City Cudahy Los Angeles 0.001% 0.0006020%
City Culver City Los Angeles 0.055% 0.0449894%City Diamond Bar Los Angeles 0.001% 0.0006993% City Downey Los Angeles 0.052% 0.0429994%City Duarte Los Angeles 0.003% 0.0027261% City El Monte Los Angeles 0.031% 0.038% 0.0318985%
City El Segundo Los Angeles 0.033% 0.0268020%
City Gardena Los Angeles 0.034% 0.0278088%
City Glendale Los Angeles 0.166% 0.1366586%City Glendora Los Angeles 0.016% 0.0134411% City Hawaiian Gardens Los Angeles 0.005% 0.0040549%City Hawthorne Los Angeles 0.050% 0.0407833% 4 of 15

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APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Hermosa Beach Los Angeles 0.018% 0.0145307%City Huntington Park Los Angeles 0.023% 0.0190667% City Inglewood Los Angeles 0.059% 0.0489195%City La Cañada Flintridge Los Angeles 0.003% 0.0025565%City Lakewood Los Angeles 0.005% 0.0039971% City La Mirada Los Angeles 0.010% 0.0081572%City Lancaster Los Angeles 0.045% 0.0369689%City La Puente Los Angeles 0.002% 0.0012999%City La Verne Los Angeles 0.024% 0.0194190% City Lawndale Los Angeles 0.002% 0.0017731%City Lomita Los Angeles 0.004% 0.0031940%City Long Beach Los Angeles 0.439% 0.3614151%City Los Angeles Los Angeles 2.715% 3.321% 2.8218811%City Lynwood Los Angeles 0.016% 0.0134345%City Malibu Los Angeles 0.002% 0.0019269% City Manhattan Beach Los Angeles 0.032% 0.0260686%City Maywood Los Angeles 0.004% 0.0035528%City Monrovia Los Angeles 0.031% 0.0254455% City Montebello Los Angeles 0.030% 0.0250670%City Monterey Park Los Angeles 0.031% 0.0256677% City Norwalk Los Angeles 0.031% 0.0258228%City Palmdale Los Angeles 0.046% 0.0375827%City Palos Verdes Estates Los Angeles 0.006% 0.0053102%City Paramount Los Angeles 0.011% 0.0091483% City Pasadena Los Angeles 0.146% 0.1200524%
City Pico Rivera Los Angeles 0.022% 0.0183333%City Pomona Los Angeles 0.111% 0.0911933% City Rancho Palos Verdes Los Angeles 0.002% 0.0012645%City Redondo Beach Los Angeles 0.062% 0.0506992%City Rosemead Los Angeles 0.003% 0.0028260% 5 of 15

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APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City San Dimas Los Angeles 0.003% 0.0022016%
City San Fernando Los Angeles 0.013% 0.0104837%City San Gabriel Los Angeles 0.018% 0.0147726% City San Marino Los Angeles 0.009% 0.0073791%
City Santa Clarita Los Angeles 0.022% 0.0178167%City Santa Fe Springs Los Angeles 0.031% 0.0257531% City Santa Monica Los Angeles 0.158% 0.1298513%City Sierra Madre Los Angeles 0.006% 0.0048646% City Signal Hill Los Angeles 0.010% 0.0084884%City South El Monte Los Angeles 0.005% 0.0039603% City South Gate Los Angeles 0.020% 0.0166272%
City South Pasadena Los Angeles 0.012% 0.0095334%
City Temple City Los Angeles 0.005% 0.0039498%City Torrance Los Angeles 0.112% 0.0919820%City Walnut Los Angeles 0.006% 0.0047305%City West Covina Los Angeles 0.049% 0.0404521%City West Hollywood Los Angeles 0.013% 0.0108517% City Whittier Los Angeles 0.032% 0.0260581%
County Madera County Madera 0.349% 0.427% 0.3630669%
City Chowchilla Madera 0.012% 0.0097332%City Madera Madera 0.039% 0.0318441% County Marin County Marin 0.564% 0.690% 0.5861325%
City Larkspur Marin 0.015% 0.0124697%City Mill Valley Marin 0.020% 0.0168401%City Novato Marin 0.028% 0.0229824% City San Anselmo Marin 0.009% 0.0078062%
City San Rafael Marin 0.089% 0.0729823%
County Mariposa County Mariposa 0.084% 0.103% 0.0876131%County Mendocino County Mendocino 0.439% 0.536% 0.4558394% City Ukiah Mendocino 0.039% 0.0317153%
6 of 15

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APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage County Merced County Merced 0.551% 0.674% 0.5724262%
City Atwater Merced 0.024% 0.0195846%City Livingston Merced 0.006% 0.0045873%City Los Banos Merced 0.020% 0.0165142%City Merced Merced 0.061% 0.0500762% County Modoc County Modoc 0.065% 0.080% 0.0678250%County Mono County Mono 0.023% 0.029% 0.0242606%County Monterey County Monterey 0.908% 1.111% 0.9437083% City Greenfield Monterey 0.006% 0.0050552%City King City Monterey 0.005% 0.0037355%City Marina Monterey 0.017% 0.0144098%City Monterey Monterey 0.041% 0.0336540%City Pacific Grove Monterey 0.009% 0.0074842%City Salinas Monterey 0.094% 0.0776576%City Seaside Monterey 0.023% 0.0191772%City Soledad Monterey 0.007% 0.0060870% County Napa County Napa 0.288% 0.352% 0.2994325%
City American Canyon Napa 0.017% 0.0136869%City Napa Napa 0.078% 0.0642783% County Nevada County Nevada 0.441% 0.539% 0.4579827%
City Grass Valley Nevada 0.024% 0.0197805%City Truckee Nevada 0.003% 0.0023843% County Orange County Orange 4.364% 5.339% 4.5363576%
City Aliso Viejo Orange 0.014% 0.0113841%City Anaheim Orange 0.554% 0.678% 0.5759282%City Brea Orange 0.086% 0.0708897%City Buena Park Orange 0.087% 0.0714352%City Costa Mesa Orange 0.124% 0.152% 0.1288366%City Cypress Orange 0.033% 0.0271937%City Dana Point Orange 0.001% 0.0005560% 7 of 15

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APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Fountain Valley Orange 0.055% 0.0455980%City Fullerton Orange 0.137% 0.168% 0.1425744% City Garden Grove Orange 0.213% 0.1752482%City Huntington Beach Orange 0.247% 0.302% 0.2568420%City Irvine Orange 0.139% 0.170% 0.1442350% City Laguna Beach Orange 0.047% 0.058% 0.0493043%City Laguna Hills Orange 0.014% 0.0115457%City Laguna Niguel Orange 0.001% 0.0007071%City Laguna Woods Orange 0.001% 0.0006546% City La Habra Orange 0.060% 0.073% 0.0621049%
City Lake Forest Orange 0.012% 0.0101249%
City La Palma Orange 0.012% 0.0095439%City Los Alamitos Orange 0.008% 0.0069190% City Mission Viejo Orange 0.014% 0.0117560%
City Newport Beach Orange 0.179% 0.1470134%
City Orange Orange 0.150% 0.1231320%City Placentia Orange 0.029% 0.035% 0.0298912%City Rancho Santa Margarita Orange 0.001% 0.0006296%City San Clemente Orange 0.008% 0.010% 0.0086083%City San Juan Capistrano Orange 0.008% 0.0065510% City Santa Ana Orange 0.502% 0.614% 0.5213866%
City Seal Beach Orange 0.020% 0.0165891%City Stanton Orange 0.035% 0.0291955% City Tustin Orange 0.073% 0.0600341%
City Westminster Orange 0.104% 0.127% 0.1082721%City Yorba Linda Orange 0.044% 0.0362223% County Placer County Placer 1.045% 1.278% 1.0861002%
City Auburn Placer 0.017% 0.0141114%City Lincoln Placer 0.031% 0.0255599%City Rocklin Placer 0.076% 0.0625485% 8 of 15

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APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Roseville Placer 0.196% 0.1616559%
County Plumas County Plumas 0.205% 0.251% 0.2128729%County Riverside County Riverside 4.534% 5.547% 4.7128296% City Banning Riverside 0.017% 0.0143848%
City Beaumont Riverside 0.021% 0.0171135%City Blythe Riverside 0.012% 0.0096714% City Canyon Lake Riverside 0.000% 0.0001761%City Cathedral City Riverside 0.067% 0.0553614%City Coachella Riverside 0.021% 0.0173054%City Corona Riverside 0.147% 0.1207083% City Desert Hot Springs Riverside 0.024% 0.0200433%City Eastvale Riverside 0.000% 0.0002747%City Hemet Riverside 0.051% 0.0421792% City Indio Riverside 0.056% 0.0457794%
City Jurupa Valley Riverside 0.001% 0.0008991%
City Lake Elsinore Riverside 0.021% 0.0172949%City La Quinta Riverside 0.063% 0.0516732%City Menifee Riverside 0.032% 0.0260909% City Moreno Valley Riverside 0.137% 0.1130348%
City Murrieta Riverside 0.048% 0.059% 0.0497423%
City Norco Riverside 0.016% 0.0134542%City Palm Desert Riverside 0.083% 0.0682465% City Palm Springs Riverside 0.076% 0.0629862%
City Perris Riverside 0.009% 0.0076774%City Rancho Mirage Riverside 0.052% 0.0431098%City Riverside Riverside 0.268% 0.2206279% City San Jacinto Riverside 0.010% 0.0085936%
City Temecula Riverside 0.022% 0.0180086%City Wildomar Riverside 0.008% 0.0062500% County Sacramento County Sacramento 3.797% 4.645% 3.9465887% 9 of 15

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APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Citrus Heights Sacramento 0.057% 0.0465312%
City Elk Grove Sacramento 0.130% 0.1066994%
City Folsom Sacramento 0.108% 0.0890850%City Galt Sacramento 0.017% 0.0143704% City Rancho Cordova Sacramento 0.008% 0.0067679%
City Sacramento Sacramento 0.721% 0.882% 0.7496530%
County San Benito County San Benito 0.106% 0.130% 0.1101417% City Hollister San Benito 0.027% 0.0225355%
County San Bernardino County San Bernardino 3.259% 3.987% 3.3878124% City Adelanto San Bernardino 0.008% 0.0066640%
City Apple Valley San Bernardino 0.025% 0.0207360%City Barstow San Bernardino 0.015% 0.0122056%City Chino San Bernardino 0.064% 0.0525893%City Chino Hills San Bernardino 0.001% 0.0006388% City Colton San Bernardino 0.031% 0.0253443%
City Fontana San Bernardino 0.112% 0.0920543%
City Grand Terrace San Bernardino 0.006% 0.0051051%City Hesperia San Bernardino 0.035% 0.0291522% City Highland San Bernardino 0.004% 0.0029061%
City Loma Linda San Bernardino 0.009% 0.0071188%City Montclair San Bernardino 0.039% 0.0322108%City Ontario San Bernardino 0.179% 0.1472934% City Rancho Cucamonga San Bernardino 0.084% 0.0689431%City Redlands San Bernardino 0.057% 0.0469150% City Rialto San Bernardino 0.073% 0.0603206%City San Bernardino San Bernardino 0.178% 0.1461880%City Twentynine Palms San Bernardino 0.002% 0.0012605%City Upland San Bernardino 0.052% 0.0424460%City Victorville San Bernardino 0.033% 0.0269400%City Yucaipa San Bernardino 0.016% 0.0128772% 10 of 15

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APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Yucca Valley San Bernardino 0.003% 0.0021228%
County San Diego County San Diego 5.706% 6.980% 5.9309748% City Carlsbad San Diego 0.128% 0.1050485%
City Chula Vista San Diego 0.189% 0.231% 0.1961456%
City Coronado San Diego 0.044% 0.0359095%
City El Cajon San Diego 0.113% 0.0933582%City Encinitas San Diego 0.061% 0.074% 0.0630289%City Escondido San Diego 0.145% 0.1192204% City Imperial Beach San Diego 0.014% 0.0118283%
City La Mesa San Diego 0.055% 0.068% 0.0575593%
City Lemon Grove San Diego 0.022% 0.0183911%
City National City San Diego 0.080% 0.0656808%City Oceanside San Diego 0.213% 0.1753428% City Poway San Diego 0.062% 0.0511040%City San Diego San Diego 1.975% 2.416% 2.0531169% City San Marcos San Diego 0.089% 0.0733897%City Santee San Diego 0.033% 0.0268401% City Solana Beach San Diego 0.017% 0.0138564%City Vista San Diego 0.052% 0.0425144% Consolidated San Francisco San Francisco 3.026% 3.702% 3.1457169% County San Joaquin County San Joaquin 1.680% 2.055% 1.7460399% City Lathrop San Joaquin 0.009% 0.0075394%
City Lodi San Joaquin 0.053% 0.0439484%
City Manteca San Joaquin 0.054% 0.0443454%City Ripon San Joaquin 0.013% 0.0104219%City Stockton San Joaquin 0.313% 0.383% 0.3256176% City Tracy San Joaquin 0.084% 0.0692047%
County San Luis Obispo County San Luis Obispo 0.816% 0.999% 0.8484126% City Arroyo Grande San Luis Obispo 0.024% 0.0199053%City Atascadero San Luis Obispo 0.029% 0.0240680% 11 of 15

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APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City El Paso de Robles (Paso Robles) San Luis Obispo 0.043% 0.0353456%City Grover Beach San Luis Obispo 0.017% 0.0137881%City Morro Bay San Luis Obispo 0.020% 0.0160922%City San Luis Obispo San Luis Obispo 0.077% 0.0637841% County San Mateo County San Mateo 1.074% 1.313% 1.1159599% City Belmont San Mateo 0.021% 0.0169860%City Burlingame San Mateo 0.019% 0.0152537%City Daly City San Mateo 0.044% 0.0363880%City East Palo Alto San Mateo 0.013% 0.0103982%City Foster City San Mateo 0.020% 0.0166101%City Half Moon Bay San Mateo 0.004% 0.0031638%City Hillsborough San Mateo 0.013% 0.0110029%City Menlo Park San Mateo 0.015% 0.0126209%City Millbrae San Mateo 0.013% 0.0105836%City Pacifica San Mateo 0.016% 0.0130625%City Redwood City San Mateo 0.056% 0.0463511%City San Bruno San Mateo 0.021% 0.0172161%City San Carlos San Mateo 0.013% 0.0108885%City San Mateo San Mateo 0.052% 0.0425841%City South San Francisco San Mateo 0.043% 0.0353943% County Santa Barbara County Santa Barbara 1.132% 1.385% 1.1768968% City Carpinteria Santa Barbara 0.001% 0.0008938%City Goleta Santa Barbara 0.004% 0.0028969%City Lompoc Santa Barbara 0.047% 0.0389379%City Santa Barbara Santa Barbara 0.122% 0.1004559%City Santa Maria Santa Barbara 0.058% 0.0479179% County Santa Clara County Santa Clara 2.404% 2.941% 2.4987553% City Campbell Santa Clara 0.014% 0.0112566%City Cupertino Santa Clara 0.008% 0.0066824%City Gilroy Santa Clara 0.025% 0.0202891% 12 of 15

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APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Los Altos Santa Clara 0.013% 0.0103338%City Los Gatos Santa Clara 0.013% 0.0103220%City Milpitas Santa Clara 0.036% 0.0298120% City Morgan Hill Santa Clara 0.015% 0.0124619%
City Mountain View Santa Clara 0.041% 0.0334608%
City Palo Alto Santa Clara 0.039% 0.0323080%
City San Jose Santa Clara 0.294% 0.360% 0.3054960%City Santa Clara Santa Clara 0.067% 0.0549723%City Saratoga Santa Clara 0.004% 0.0034161% City Sunnyvale Santa Clara 0.053% 0.0434069%
County Santa Cruz County Santa Cruz 0.783% 0.957% 0.8135396% City Capitola Santa Cruz 0.020% 0.0168191%City Santa Cruz Santa Cruz 0.143% 0.1180348% City Scotts Valley Santa Cruz 0.015% 0.0126525%City Watsonville Santa Cruz 0.063% 0.0520136% County Shasta County Shasta 1.095% 1.339% 1.1380191%
City Anderson Shasta 0.024% 0.0198896%City Redding Shasta 0.284% 0.2334841% City Shasta Lake Shasta 0.004% 0.0031993%
County Siskiyou County Siskiyou 0.228% 0.279% 0.2373393%County Solano County Solano 0.760% 0.6260795% City Benicia Solano 0.031% 0.0253903%City Dixon Solano 0.016% 0.0130849%City Fairfield Solano 0.109% 0.0897317%City Suisun City Solano 0.021% 0.0176183% City Vacaville Solano 0.119% 0.0976497%City Vallejo Solano 0.167% 0.1373644% County Sonoma County Sonoma 1.218% 1.490% 1.2661290%
City Healdsburg Sonoma 0.032% 0.0266929%City Petaluma Sonoma 0.081% 0.0667507% 13 of 15

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APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Rohnert Park Sonoma 0.041% 0.0340759%
City Santa Rosa Sonoma 0.184% 0.1519070%
City Sonoma Sonoma 0.022% 0.0183438%
City Windsor Sonoma 0.016% 0.0129298%
County Stanislaus County Stanislaus 1.722% 1.4182273%
City Ceres Stanislaus 0.041% 0.0340260%City Modesto Stanislaus 0.217% 0.1788759%City Newman Stanislaus 0.006% 0.0046964%City Oakdale Stanislaus 0.018% 0.0145531% City Patterson Stanislaus 0.015% 0.0126590%
City Riverbank Stanislaus 0.010% 0.0085699%
City Turlock Stanislaus 0.065% 0.0531966%
County Sutter County Sutter 0.306% 0.374% 0.3179548%
City Yuba City Sutter 0.074% 0.0606242%
County Tehama County Tehama 0.213% 0.261% 0.2216654%
City Red Bluff Tehama 0.014% 0.0117771%
County Trinity County Trinity 0.082% 0.101% 0.0855476%County Tulare County Tulare 0.809% 0.990% 0.8410949% City Dinuba Tulare 0.014% 0.0116929%
City Exeter Tulare 0.004% 0.0032479%City Farmersville Tulare 0.003% 0.0027879%City Lindsay Tulare 0.007% 0.0057111% City Porterville Tulare 0.021% 0.0171845%City Tulare Tulare 0.037% 0.0302273%City Visalia Tulare 0.066% 0.0545872% County Tuolumne County Tuolumne 0.486% 0.594% 0.5047621%County Ventura County Ventura 2.192% 2.681% 2.2781201% City Camarillo Ventura 0.002% 0.0012815%City Fillmore Ventura 0.002% 0.0020294%City Moorpark Ventura 0.008% 0.0067337% 14 of 15

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APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Oxnard Ventura 0.156% 0.190% 0.1617338%City Port Hueneme Ventura 0.021% 0.0174145% City San Buenaventura (Ventura) Ventura 0.085% 0.0702181%City Santa Paula Ventura 0.014% 0.0119072%City Simi Valley Ventura 0.065% 0.0533043%City Thousand Oaks Ventura 0.022% 0.0179902% County Yolo County Yolo 0.357% 0.437% 0.3713319%
City Davis Yolo 0.055% 0.0451747%City West Sacramento Yolo 0.066% 0.0544321%City Woodland Yolo 0.058% 0.0477904% County Yuba County Yuba 0.214% 0.262% 0.2225679%
City Marysville Yuba 0.014% 0.0112079%
15 of 15

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EXHIBIT E
List of Opioid Remediation Uses
Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core Strategies”).14
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO

REVERSE OPIOID OVERDOSES

1. Expand training for first responders, schools, community support groups and families; and

2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service.

B. MEDICATION-ASSISTED TREATMENT (“MAT”)

DISTRIBUTION AND OTHER OPIOID-RELATED

TREATMENT

1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;

2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;

3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and

4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services.
14 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.

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C. PREGNANT & POSTPARTUM WOMEN

1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women;

2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with cooccurring Opioid Use Disorder (“OUD”) and other Substance Use Disorder (“SUD”)/Mental Health disorders
for uninsured individuals for up to 12 months postpartum; and

3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job
placement/training, and childcare.

D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (“NAS”)

1. Expand comprehensive evidence-based and recovery
support for NAS babies;

2. Expand services for better continuum of care with infantneed dyad; and

3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.

E. EXPANSION OF WARM HAND-OFF PROGRAMS AND

RECOVERY SERVICES

1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments;

2. Expand warm hand-off services to transition to recovery services;

3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions;

4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job
placement/training, and childcare; and

5. Hire additional social workers or other behavioral health workers to facilitate expansions above.

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F. TREATMENT FOR INCARCERATED POPULATION

1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and

2. Increase funding for jails to provide treatment to inmates with OUD.

G. PREVENTION PROGRAMS

1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco);

2. Funding for evidence-based prevention programs in
schools;

3. Funding for medical provider education and outreach
regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at
hospitals (academic detailing);

4. Funding for community drug disposal programs; and

5. Funding and training for first responders to participate in pre-arrest diversion programs, post-overdose response
teams, or similar strategies that connect at-risk individuals to behavioral health services and supports.

H. EXPANDING SYRINGE SERVICE PROGRAMS

1. Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and treatment of infectious diseases.

I. EVIDENCE-BASED DATA COLLECTION AND

RESEARCH ANALYZING THE EFFECTIVENESS OF THE

ABATEMENT STRATEGIES WITHIN THE STATE

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Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidenceinformed programs or strategies that may include, but are not limited to, those that:15

1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S. Food and Drug Administration.

2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any cooccurring SUD/MH conditions.

3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services.

4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidencebased or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment.

5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose.

6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma.

7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions.
15 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.

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8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas.

9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions.

10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments.

11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas.

12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver.

13. Disseminate of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing.

14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication– Assisted Treatment.

B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that:

1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare.

2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services.

3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions.

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4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services.

5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.

6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions.

7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions.

8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions.

9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery.

10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family.

11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma.

12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment.

13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans.

14. Create and/or support recovery high schools.

15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above.

C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

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1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.

2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.

3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common.

4. Purchase automated versions of SBIRT and support ongoing costs of the technology.

5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments.

6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services.

7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach.

8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose.

9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event.

10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose.

11. Expand warm hand-off services to transition to recovery services.

12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people.

13. Develop and support best practices on addressing OUD in the workplace.

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14. Support assistance programs for health care providers with OUD.

15. Engage non-profits and the faith community as a system to support outreach for treatment.

16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions.

D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as:

1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”);

2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model;

3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services;

4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model;

5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or

6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise.

2. Support pre-trial services that connect individuals with OUD and any cooccurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services.

3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions.

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4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any cooccurring SUD/MH conditions who are incarcerated in jail or prison.

5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any cooccurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities.

6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings.

7. Provide training on best practices for addressing the needs of criminal justiceinvolved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section.

E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND

THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE

SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome.

2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum.

3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any cooccurring SUD/MH conditions.

4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families.

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5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care.

6. Provide child and family supports for parenting women with OUD and any cooccurring SUD/MH conditions.

7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions.

8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events.

9. Offer home-based wrap-around services to persons with OUD and any cooccurring SUD/MH conditions, including, but not limited to, parent skills training.

10. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use.

PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE

PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing).

2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.

3. Continuing Medical Education (CME) on appropriate prescribing of opioids.

4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain.

5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that:

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1. Increase the number of prescribers using PDMPs;

2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or

3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules.

6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules.

7. Increasing electronic prescribing to prevent diversion or forgery.

8. Educating dispensers on appropriate opioid dispensing.

G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding media campaigns to prevent opioid misuse.

2. Corrective advertising or affirmative public education campaigns based on evidence.

3. Public education relating to drug disposal.

4. Drug take-back disposal or destruction programs.

5. Funding community anti-drug coalitions that engage in drug prevention efforts.

6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”).

7. Engaging non-profits and faith-based communities as systems to support prevention.

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8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others.

9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.

10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.

11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills.

12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse.

H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public.

2. Public health entities providing free naloxone to anyone in the community.

3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public.

4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support.

5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals.

6. Public education relating to emergency responses to overdoses.

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7. Public education relating to immunity and Good Samaritan laws.

8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws.

9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs.

10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.

11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions.

12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any cooccurring SUD/MH conditions.

13. Supporting screening for fentanyl in routine clinical toxicology testing.

PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the following:

1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.

2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events.

J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following:

1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment

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intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioidor health-related indicators and supports as identified through collaborative statewide, regional, local or community processes.

3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

4. Provide resources to staff government oversight and management of opioid abatement programs.

K. TRAINING
In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that:

1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.

2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any cooccurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.).

L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:

1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.

2. Research non-opioid treatment of chronic pain.

3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.

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4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.

5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids.

6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7).

7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system.

8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.

9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes.

Page 265 of 367 ends

1 STAFF REPORT
AGENDA ITEM: Public Hearing for Recreation & Parks Fee Increases MEETING DATE: January 18, 2022
PREPARED BY: Jacquelyn Benoit, Recreation Superintendent REVIEWED BY: Vanessa L. Portillo, City Manager

RECOMMENDATION
Staff recommends that the City Council take the following actions:

1. Hold a Public Hearing to Increase Recreation Program Fees; and

2. Adopt Resolution No. 2022-____, adopting a New Fees for Recreation Programs

BACKGROUND AND DISCUSSION
The Livingston Parks and Recreation Fee Policy was established by Resolution 2008-09 on February 19, 2008. The purpose of the fees are: 1. To obtain revenue to supplement or completely replace maintenance and operational costs; 2. Reduce the programs impact on the General Fund; 3. Amortize capital investments; 4. Enable the department to provide facilities or programs for which funds might not otherwise be available; and 5. To provide sufficient revenue to cover costs and provide surplus revenue for expansion of programs and services.

At Council’s direction, staff has conducted a fee survey of neighboring communities showing the City of Livingston’s fees are significantly lower than other communities. Wages and operational costs continue to increase while revenues cannot sustain current recreation programs. The Parks and Recreation Fees were last raised in 2008.

The Parks Recreation and Arts Commission presented their recommendation to the Council in a joint meeting held November 18, 2021. During the joint meeting, staff was given direction to move forward with the fee increase process. Fee increases are subject to Proposition 218 process, therefore, a Public Hearing is required to be held.

The current Fee Schedule will be updated with Recreation Commission recommendations.

FISCAL IMPACT
Adopting the recommended fees will support current recreational programs offered to the community.

ATTACHMENTS

1. Resolution

2. Recreation Fee Schedule - Summary Table
1 RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

TO ADOPT FEE INCREASES TO THE RECREATION PROGRAMS
WHEREAS, At Council’s direction, staff has conducted a fee survey of neighboring communities showing the City of Livingston’s fees are significantly lower than other communities; and
WHEREAS, The Parks Recreation and Arts Commission presented their recommendation to the Council in a joint meeting held November 18, 2021; and WHEREAS, staff was given direction to move forward with the fee increase process; and WHEREAS, Fee increases are subject to Proposition 218 process, therefore, a Public Hearing is required to be held; and
WHEREAS, upon adoption of the fee increases, the current Fee Schedule will be updated; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston does hereby resolve, declare, determine, and order as follows:

1. The above recitals are true and correct and are incorporated herein by reference.

2. The City of Livingston adopts the fee increases and changes presented in the Recreation Department Fee Policy and summarized in the Recreation Fee Schedule Summary Table (Exhibit A).

Passed and adopted this 18th day of January, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Juan Aguilar, Jr., Mayor
of the City of Livingston
ATTEST:

I hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 18th day of January, 2022.
__________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

EXHIBIT A
Current Fee Proposed Fee
N/A $5
T-Ball 60 -
Baseball 70 -
Softball 70 -
Youth Baseball/Softball: Lower Divisions 60
Youth Baseball/Softball: Upper Divisions 85
Youth Soccer: Pee Wee 50 35
Youth Soccer: All Other 60 65
Park Fee Rental: Class 3 (residents) 30 40
Park Fee Rental: Class 4 (non-residents) 84 60
Field Rentals (Requires Staff Supervision)
Odi Ortiz Soccer Field Class 2 & 3 14 18
Odi Ortiz Soccer Field Class 4 16 22
Odi Ortiz Field Rentals (Rental with Lights)
Class 2 & 3 36 46
Class 4 38 54
Odi Ortiz Field Prep for Soccer Field
Class 2 N/A -
Class 3 N/A 132
Class 4 N/A 158
Alvernaz Baseball Field (2 hours minimum)
Class 2 & 3 14 18
Class 4 16 22
Alvernaz Rental With Lights
Class 2 & 3 36 46
Class 4 38 54
Alvernaz Field Prep
Class 3 15 25
Class 4 18 30
Joseph Gallo Park Shelters
Class 3 N/A 15
Class 4 N/A 18
Notes
Applies to Picnic Shelter (Memorial and Arkelian), Stage at Memorial Park.

City of Livingston
Recreation Fee Schedule Summary Table
Class Non-Resident Fee
Batting Cages - Alvernaz Field (2 hours)
Class 3 N/A 36
Class 4 N/A 44
Max Foster (half basin) 2 hours minimum
Class 3 N/A 10
Class 4 N/A 12
Pool Rentals (25-50 people)
Class 2 & 3 60 82
Class 4 72 99
Pool Rentals (25-50 people) - Each Additional Hour
Class 2 & 3 30 41
Class 4 36 50
Pool Rentals (50-150 people)
Class 2 & 3 120 122
Class 4 144 147
Pool Rentals (50-150 people) - Each Additional Hour
Class 2 & 3 60 62
Class 4 72 74
Per hour
Being sponsored by a Livingston company or business does not make a team a resident team. A resident team is made up of 51% residents. Verification may take place in this way, player must provide a Livingston address that can be verified through the city utility billing along with a copy of a current form of id listing the same address. If they do not reside in the city limit but are in the Livingston School District or Livingston High School boundaries, a Current ID and a utility bill must be provided. Teams not providing this identification will automatically be categorized as a non-resident team.

POLICY UPDATE:

Determination of Fees for Facilities and Equipment Rentals Class II:

Resident Team Description:

Priority of User Groups:

PROPOSED LANGUAGE
Resident non-profit organizations such as Community leagues (51% verified residents) or service organizations, student organizations, Livingston Churches or schools conducting a community fundraiser for community purpose or benefit.

CURRENT LANGUAGE
Resident non-profit organizations such as Community leagues or service organizations, student organizations, Livingston Churches or schools conducting a community fundraiser for community purpose or benefit.

Being sponsored by a Livingston company or business does not make a team a resident team. A resident team is made up of 75% residents. Verification may take place in this way, player must provide a Livingston address that can be verified through the city utility billing along with a copy of a current form of id listing the same address. If they do not reside in the city limit but are in the Livingston School District or Livingston High School boundaries, a Current ID and a utility bill must be provided. Teams not providing this identification will automatically be categorized as a non-resident team.

Updated Fields and Facilities Available:

Community Leagues scheduled by the Recreation Department will have third priority, A community league is defined by 75% of its members are Livingston residents. It will be the responsibility of Community Leagues to coordinate with the Recreation Department for the use of the Fields on a semester basis.

Community Leagues will be responsible for any equipment set up/take down and for any special repairs and/or maintenance needs due to their use of the fields.

Community Leagues scheduled by the Recreation Department will have third priority, A community league is defined by 51% of its members are Livingston residents. It will be the responsibility of Community Leagues to coordinate with the Recreation Department for the use of the Fields on a semester basis. Community Leagues will be responsible for any equipment set up/take down and for any special repairs and/or maintenance needs due to their use of the fields.

Proof of Residency Required:

Must bring in rosters of their teams to the Recreation Department. Coaches reserving fields must also bring in their league identification.

Must bring in rosters of their teams with copies of the necessary verification to prove the number of residents, a current California ID or Drivers licenses and a Livingston utility bill with users name on it to the Recreation Department.

Coaches reserving fields must also bring in their league identification.

League field use will be done on a semester base as stated in this policy. The deadlines are as follows:

January, February, March use – Deadline is December 15th April May, June use – Deadline is March 15th
July, August, September use – Deadline is June 15th
October, November, December use – Deadline is September 15th Field use reservations must be accompanied by a deposit, insurance and rosters with required identification and the first 30 days of use. NO EXCEPTIONS. The reservation paperwork and fees will secure your reservation. If deadlines are not adhered to, the status of your league (resident/non-resident) will not be given priority. If field use is for 3 months the city will take monthly payments ahead of use. If payments are not made then use will be denied. If proof of residency is not provide a league will automatically be categorized as a non-resident team. Any league caught falsifying information will be suspended from field use with no refunds. Date Changes will result in a $5 administration fee.

League Facility Reservation Process (NEW):

Fields/Courts
Livingston Sports Complex which includes 1 lit soccer playing field, 2 baseball/softball fields, restrooms.

Alvernaz Baseball Field has one lit baseball field with restroom facilities.

Arakelian park ball field small field with 50 foot bases, restrooms Facilities
Recreation Center has a large room with full service kitchen and restroom, chairs and tables available.

Swimming pool located at Livingston High School non heated pool with restroom facilities.
*Walnut Child Care Center large room in the meeting area of the center seats about 50 has chairs available and no tables
Parks
Memorial Park lots of grass, covered picnic areas, large trees, BBQ pit, covered stage, playground and restroom facilities. *Full Service kitchen with a cover bbq pit and sink.

Arakelian Park lots of grassy areas, picnic areas, trees, small ball field * 9 hole Frisbee golf course and restroom facilities.

Lucero Park grassy areas, trees, small playground and picnic areas.

Fields/Courts
Livingston Sports Complex which includes 1 lit soccer playing field, 2 baseball/softball fields, restrooms.

Alvernaz Baseball Field has one lit baseball field with restroom facilities.

Facilities
Swimming pool located at Livingston High School non heated pool with restroom facilities.
*Walnut Child Care Center large room in the meeting area of the center seats about 50 has chairs available and no tables
Parks
Memorial Park lots of grass, covered picnic areas, large trees, BBQ pit, covered stage, playground and restroom facilities. *Full Service kitchen with a cover bbq pit and sink.

Arakelian Park lots of grassy areas, picnic areas, trees, small ball field * 9 hole Frisbee golf course and restroom facilities.

Lucero Park grassy areas, trees, small playground and picnic areas. *Below are additions since 2008 (NEW)
Max Foster Sports Complex has a lit full size soccer field, 3 lit 82 feet basketball courts, 3 baseball/softball fields, 1 covered picnic shelter with a bbq pit, 2 restroom buildings.

Joseph Gallo Park has 3 small picnic shelters, a paved walking path, playground, restrooms and lots of open shady space.

Don Meyer Park has grassy areas, trees, small playground and picnic areas.

Fred Worden Park has grassy areas, trees, small playground and picnic areas.

Singh Park has grassy areas with trees and several picnic tables Park and Field Rules:

No Alcohol
No Glass Containers
No Smoking
No Golf
No Vehicles allowed on the fields or in the Parks
Licensed dog on a leash are allowed in park when no City events are scheduled Owners are responsible for their dogs and waste and safety of others No Pets/Animals during City-sponsored events
No Alcohol
No Glass Containers
No Littering
No Smoking
No Golf
No Vehicles allowed on the fields or in the Parks
Use of play equipment & facilities is at your own risk
No unauthorized sale of merchandise
Park Hours are 6am to Dark
Livingston Municipal code 9-8-1

STAFF REPORT
AGENDA ITEM: City Council to Provide Staff Direction for Appointments to the Parks and Recreation Commission.

MEETING DATE: January 18, 2022
PREPARED BY: Jacqueline Benoit, Recreation Superintendent REVIEWED BY: Vanessa L. Portillo, City Manager
RECOMMENDATION:

City Council to provide staff direction for appointments to the Parks Recreation and Arts Commission.

BACKGROUND AND DISCUSSION:

The Parks Recreation and Arts Commission has been very active and as of January 30, 2022, five (5) seats will be vacant. The Parks and Recreation Commission is comprised of seven (7) members and two (2) alternates which are appointed by the City Council from residents of the City. A maximum of one member may reside outside the City limits as long as he/she resides within the boundaries of the Livingston Union School District.

Current members are Julio Millan, Omar Herrera, Christine Fernandez, Jessica Betschart, Stella Estrada, Robert Godinez, Hector Becerra, and the two alternates are Linda Deol and Patricia Marshall. Council Member Jose Moran serves as the City Council liaison.

Pursuant to City Code Chapter 4 item 2-4-2, adopted by the City Council, the terms of Commissioners shall be for four years. The terms of four (4) regular members and one (1) alternate member expire on January 30, 2022, or until their successors are appointed. The terms of the members up are Robert Godinez, Julio Millan, Omar Herrera, Christine Fernandes, and Patricia Marshall. Staff has been advertising since early December for applications and advised members of their terms being up. A deadline of January 21, 2022 has been placed on applications. Staff is asking council to bring any new or returning applicants to them at the first meeting of February for appointments or extension of the application period.

FISCAL IMPACT:

None.

ATTACHMENTS:

None.

SIGNATURE VERIFICATION CERTIFICATE
I, Darlene E. Ingersoll, Registrar of Voters of the County of Merced, State of California, hereby certify:

Petition for Recall of Raul Garcia, Council Member City of Livingston has been filed with this office on 12/2/2021 that the said petition consists of 258 I sections;
That each section contains signatures purporting to be signatures of qualified electors of this county;
That attached to this petition at the time it was filed, was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition;
That the affiant stated his or her own qualification, that he or she had solicited the signatures upon the section, that all of the signatures were made in his or her presence, and that to the best of his or her own knowledge and belief, each signature to that section was the genuine signature of the person whose name it purports to be;
That after the proponent filed the petition, I verified the required number of signatures by examining the records of registration in this county, current and in effect at the respective supportive dates of such signing, to determine what number of qualified electors signed the petition, and from that examination I have determined the following facts regarding this petition:

1. Number of unverified signatures filed by proponent (raw count)

2. Number of verified signatures
Number of signatures found SUFFICIENT
Number of signatures found INSUFFICIENT
INSUFFICIENT because of DUPLICATE
1,818
1,818
1,347
471
22 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day of 01/13/2022
Darlene E. Ingersoll
Registrar of Voters

SIGNATURE VERIFICATION CERTIFICATE
I, Darlene E. Ingersoll, Registrar of Voters of the County of Merced, State of California, hereby certify:

Petition for Recall of Juan Aguilar Jr., Mayor City of Livingston has been filed with this office on 12/2/2021 that the said petition consists of 264 I sections;
That each section contains signatures purporting to be signatures of qualified electors of this county;
That attached to this petition at the time it was filed, was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition;
That the affiant stated his or her own qualification, that he or she had solicited the signatures upon the section, that all of the signatures were made in his or her presence, and that to the best of his or her own knowledge and belief, each signature to that section was the genuine signature of the person whose name it purports to be;
That after the proponent filed the petition, I verified the required number of signatures by examining the records of registration in this county, current and in effect at the respective supportive dates of such signing, to determine what number of qualified electors signed the petition, and from that examination I have determined the following facts regarding this petition:

1. Number of unverified signatures filed by proponent (raw count)

2. Number of verified signatures
Number of signatures found SUFFICIENT
Number of signatures found INSUFFICIENT
INSUFFICIENT because of DUPLICATE
1,839
1,839
1,386
453
29 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day of 01/13/2022
Darlene E. Ingersoll
Registrar of Voters

SIGNATURE VERIFICATION CERTIFICATE
I, Darlene E. Ingersoll, Registrar of Voters of the County of Merced, State of California, hereby certify:

Petition for Recall of Gagandeep Kang, Council Member City of Livingston has been filed with this office on 12/2/2021 that the said petition consists of 262 I sections;
That each section contains signatures purporting to be signatures of qualified electors of this county;
That attached to this petition at the time it was filed, was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition;
That the affiant stated his or her own qualification, that he or she had solicited the signatures upon the section, that all of the signatures were made in his or her presence, and that to the best of his or her own knowledge and belief, each signature to that section was the genuine signature of the person whose name it purports to be;
That after the proponent filed the petition, I verified the required number of signatures by examining the records of registration in this county, current and in effect at the respective supportive dates of such signing, to determine what number of qualified electors signed the petition, and from that examination I have determined the following facts regarding this petition:

1. Number of unverified signatures filed by proponent (raw count)

2. Number of verified signatures
Number of signatures found SUFFICIENT
Number of signatures found INSUFFICIENT
INSUFFICIENT because of DUPLICATE
1,837
1,837
1,379
458
19 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day of 01/13/2022
Darlene E. Ingersoll
Registrar of Voters

SIGNATURE VERIFICATION CERTIFICATE
I, Darlene E. Ingersoll, Registrar of Voters of the County of Merced, State of California, hereby certify:

Petition for Recall of Maria Baptista-Soto, Council Member City of Livingston has been filed with this office on 12/2/2021 that the said petition consists of 262 I sections;
That each section contains signatures purporting to be signatures of qualified electors of this county;
That attached to this petition at the time it was filed, was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition;
That the affiant stated his or her own qualification, that he or she had solicited the signatures upon the section, that all of the signatures were made in his or her presence, and that to the best of his or her own knowledge and belief, each signature to that section was the genuine signature of the person whose name it purports to be;
That after the proponent filed the petition, I verified the required number of signatures by examining the records of registration in this county, current and in effect at the respective supportive dates of such signing, to determine what number of qualified electors signed the petition, and from that examination I have determined the following facts regarding this petition:

1. Number of unverified signatures filed by proponent (raw count)

2. Number of verified signatures
Number of signatures found SUFFICIENT
Number of signatures found INSUFFICIENT
INSUFFICIENT because of DUPLICATE
1,838
1,838
1,393
445
25 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day of 01/13/2022
Darlene E. Ingersoll
Registrar of Voters

Livingston City CouncilJanuary 18, 2022

Livingston City Council
January 18, 2022