1 CITY COUNCIL REGULAR MEETING AGENDA
FEBRUARY 15, 2022
7:00 P.M.
NOTICE: IN ORDER TO MINIMIZE THE SPREAD OF THE COVID-19 VIRUS, THIS MEETING WILL BE CONDUCTED PURSUANT TO GOVERNMENT CODE SECTION 52953(e) AND CITY OF LIVINGSTON CITY COUNCIL RESOLUTION NO. 2021-71.
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 Government Code Section 52953(e) and City of Livingston City Council Resolution No. 2021-71.) Notice is hereby given that the City Council will hold a Regular Meeting on February 15, 2022, at the City Council Chambers, 1416 C Street, Livingston, California or conducted pursuant to the Government Code Section 52953(e) and City of Livingston City Council Resolution No. 2021-71.
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 2 legislative body less than 72 hours prior to the 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.: 2022-08
Next Ordinance No.: 645
Pledge of Allegiance.
Moment of Silence – First Responders and Military Members.
Roll Call.
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.
AWARD, PRESENTATIONS, PROCLAMATIONS
1. Presentation by Mayor Aguilar: Recognition of David Hernandez, Jacqueline Sernas, and UFW Foundation.
2. Presentation by Mayor Aguilar: Recognition of Livingston Police Explorers.
ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.
City Manager Announcements and Reports.
City Council Members’ Announcements and Reports.
Mayor’s Announcements and Reports.
3 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. 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.
4. 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.
5. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated February 8, 2022.
6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on November 18, 2021.
7. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on December 7, 2021.
8. APPROVE A FACILITY FEE WAIVER REQUEST
Approve a Fee Waiver for the Livingston High School All Alumni Reunion.
9. APPROVE APPLICATION SUBMITTAL FOR THE NOTICE OF INTENT TO COMPLY Resolution Approving the Application Submittal of A Notice of Intent to Comply with SB1383, and any Related Authorizations.
PUBLIC HEARINGS
10. Resolution Adopting A New Rate Schedule for the Livingston Police Department Firearms Training Facility.
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
ADJOURNMENT
RESOLUTION NO. 2021-71
A RESOLUTION OF THE CITY OF LIVINGSTON CITY COUNCIL
PROCLAIMING A LOCAL EMERGENCY AND AUTHORIZING REMOTE
TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY
OF LIVINGSTON PURSUANT TO BROWN ACT PROVISIONS
WHEREAS, the City Council of the City of Livingston (the "City") is committed to preserving public access and participation in meetings of the City Council; and WHEREAS, all meetings of the City's legislative bodies are open and public, as required by the Ralph M. Brown Act (Gov. Code, §§ 54950 - 54963), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and
WHEREAS, Government Code section 54953, subdivision (e), provides provisions for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953, subdivision (b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition is that a state of emergency is declared by the Governor, pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City's boundaries, caused by natural, technological, or humancaused disasters; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing or the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, on March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and WHEREAS, there has been a significant increase in COVID-19 cases in Merced County due primarily to the Delta variant of SARS-CoV-2, the virus that causes COVID-19. Emerging evidence indicates that the Delta variant is far more transmissible than prior variants of the virus, may cause more severe illness, and can be spread by fully vaccinated individuals; and
WHEREAS, as a consequence of the declared emergency, the City Council does hereby find that the legislative body of the City shall conduct their meetings (CW108155.I)
without compliance with Government Code section 54953, subdivision (b)(3), as authorized by Section 54953, subdivision (e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Section 54953, subdivision (e)(2); and
WHEREAS, pursuant to Government Code section 54953, subdivision (e)(3), in order to continue to teleconference without compliance with Government Code section 54953, subdivision (b)(3), the City Council shall, not 30 days after teleconferencing for the first time pursuant to this Resolution, and every 30 days thereafter, make the following findings by majority vote: The legislative body has reconsidered the circumstances of the state of emergency and any of the following conditions exist: (1) The state of emergency continues to directly impact the ability of the members to meet safely in person or (2) state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City reserves the option to hold in-person meetings, consistent with local health officer directives, or to continue a practice of remote meetings that still allow multiple options for public participation.
NOW, THEREFORE, THE CITY OF COUNCIL OF THE CITY OF LIVINGSTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Proclamation of Local Emergency. The City Council hereby proclaims that a local emergency exists throughout the City, and that the legislative body meeting in person could present imminent risks to the health and safety of attendees due to the prevalence of COVID-19 in Merced County and the state, such that the City reserves the right to continue virtual meetings or conduct in-person meetings, consistent with local health guidance or duly issued orders.
Section 3. Remote Teleconference Meetings. The legislative body and its General Manager and designees of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953, subdivision (e), and other applicable provisions of the Brown Act.
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) October 30, 2021, or (ii) such time the City Council of Directors makes a subsequent finding by majority vote in accordance with Government Code section 54953, subdivision (e)(3), to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
Passed and adopted this 5th day of October, 2021, by the following vote:
{CW10815S.l}
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor Aguilar and Council Members Baptista-Soto, Kang, and Garcia None
None
Council Member Moran
1lar Jr., Mayor
e City of Livingston
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 5th day of October, 2021.
/kKLeticia Vasquez-Zurita, City ~ Clerk
of the City of Livingston
{CW108I 55.I f
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Warrant Register dated February 8, 2022
February 15, 2022
Nancy Fuentes, Accounting Technician
Vanessa Portillo, Interim City Manager
RECOMMENDATION:
Ratify the warrant register dated February 8, 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:
January 28, 2022- February 8, 2022
GENERAL WARRANTS ....... ................... $
PAYROLL/WIRE WARRANTS ................. $
TOTAL WARRANTS .............................. $
ATTACHMENTS:
647,450.76
176,695.21
824,145.97
Warrant Register (summarized by date and check number)
1 6117-6181
1976-1986
Accounts Payable
Checks by Date - Summary by Check Date
User: nfuentes
Printed: 2/8/2022 12:24 PM
Check No Vendo1· No Vendor Name
6117 540 Internal Revenue Service
6118 395 Administrative Solution, Inc.
6 11 9 250 Alhambra
6120 453 Allied West Printing
6 121 252 Allways Towing
6122 736 ARA, Inc.
6123 85 1 Filomena Arredondo
6124 5 17 Boutin Jones, Inc
6125 189 ComTech2 l LLC
6 126 447 Conco West, Inc
6127 283 CoreLogic Solutions, LLC
6128 850 Creative Service of New England
61 29 549 Vanessa Belen Echevarria
6130 163 EZ Auto Supply
6131 846 E-Z- GO A Textron Company
6 132 188 Frontier
6133 848 Thomas Griffin
6 134 267 Hoffman Security
6 135 853 ICMA Membership Payments
6136 296 Image Source
6137 829 Jared Steeley Water & Wastewater Manage1
6138 847 Nick Kirk
6139 3 18 La Rue Communications
6 140 268 Language Line Services, Inc.
6 14 1 402 Liebert Cassidy Whitmore
6142 6 12 Livingston Peace Officers Association
6143 362 Merced County Animal Control
6 144 497 Merced County Sheriff
6 145 269 Merced Pest Control
6146 389 Mid Valley IT
6 147 180 Mission Linen Service
6148 270 Modern Air Mechanical
6 149 632 National Business Furniture, LLC
6 150 845 Elizabeth Nova
6151 302 Office Depot, Inc.
6152 437 Operating Engineers Local 3
6 153 438 Operating Engineers Local 3
6154 720 Package One
6155 205 Paramount Pest Services
6 156 203 PG&E
6157 852 Professional Development Academy, LLC
6158 430 Quadient Finance USA, Inc.
6 159 514 Quadient Leasing USA, Inc.
6 160 554 Alvaro Ramirez
AP Checks by Date - Summary by Check Date (2/8/2022 12:24 PM) Check Date
01 /3 1/2022
City of Livingston
1416 C Street
Livingston,. CA 95334
Total for 1/3 1/2022:
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
02/07/2022
Check Amount
975.05
975.05
3,355.04
155.76
216.45
225.00
2,737.75
405.00
1,591.00
37.79 147,054.88
200.00
623.95
310.87
331.07
17.58 81.72
3,000.00
159.95
1,400.00
1,737.24
7,920.00
924. 12
1,941.00
578.10
9,501.50
6,974.00
2,465.00
31,427.48
80.00 9,290.00
52.92 291.00
3,658.29
150.00
596.61
288.00
536.00
19.60 245.00
27.60 1,995.00
547.85
1,906.41
109.00
Page I
Check No Vendor No Vendor Name Check Date Check Amount
6161 849 Ray Morgan Company 02/07/2022 136.47
6 162 500 Safeguard Business Systems 02/07/2022 187.96
61 63 408 Sapien Family Trust 02/07/2022 6,000.00
6 164 691 Seegers Printing 02/07/2022 135.32
6165 UB*0l 975 SHJV SEKHRl 02/07/2022 184.89
6 166 UB*0l976 SHJV SEKHRJ 02/07/2022 34.38
6 167 739 Self- Help Enterprises 02/07/2022 18,691.67
6168 307 Shred-It, C/O Stericycle, Inc. 02/07/2022 205.97 6169 308 Sprint 02/07/2022 125.70
6170 529 Sterling Codifiers/American Legal Publishi 02/07/2022 10,065.73 6171 564 Texas Life Insurance 02/07/2022 127.30
6 172 383 The Bank of New York Mellon Trust Comp 02/07/2022 322,925.00 6 173 542 TNB Towing & Recovery 02/07/2022 450.00
6174 310 Totlcom, Inc. 02/07/2022 382.73
6 175 284 Trans Union LLC 02/07/2022 297.76
6176 422 U.S. Bank Corporate Payment Systems 02/07/2022 5,165.76 6177 3 14 Valley Coffee 02/07/2022 46.65
6 178 504 VIP Audio Visual Company, Inc 02/07/2022 4,150.00 6179 608 Vision Service Plan- CA 02/07/2022 382.13
6 180 287 West Coast Code Consultants, Inc. 02/07/2022 20,081.56 6181 765 White Brenner LLP 02/07/2022 11 ,533.20
Total for 2/7/2022: 646,475.71
Report Total (65 checks): 647,450.76
AP Checks by Date - Summary by Check Date (2/8/2022 12:24 PM) Page 2
MEETING MINUTES
JOINT MEETING BETWEEN THE CITY COUNCIL AND
PARKS, RECREATION AND ARTS COMMISSION SPECIAL MEETING
NOVEMBER 18, 2021
A Joint Special Meeting of the Livingston City Council and Parks, Recreation, and Arts Commission was held on November 18, 2021, in the Council of Chambers, with Mayor Aguilar presiding.
CALL TO ORDER
Mayor Aguilar called the meeting to order at 6:03 p.m.
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.
ROLL CALL - City Council
C8] Mayor Juan Aguilar Jr.
C8] Mayor Pro-Tern Raul Garcia
C8] Council Member Maria Baptista-Soto
C8] Council Member Jose A. Moran (Late Attendance)
C8] Council Member Gagandeep Kang
ROLL CALL- Recreation Commission
C8] Commissioner Christine Fernandez
C8] Commissioner Jessica Betschart
C8] Commissioner Stella L. Estrada
C8] Commissioner Hector Becerra
C8] Commissioner Julio Millan
C8] Alternate Commissioner Linda Deol
C8] Commissioner Omar Herrera
C8] Alternate Commissioner Patricia Marshall
C8] Commissioner Robert Godinez
Council Member Moran was marked absent during roll call; however, Council Member Moran entered the Council of Chambers at 6: 14 p.m. after the roll call was taken. Therefore, the roll call was changed to Council Member Moran being late.
Recreation Commissioner Hector Becerra was marked as present during roll call: however, Commissioner Becerra did not participate in the meeting. He left the Council of Chambers at 6:09 p.m.
CITIZEN COMMENTS
Mayor Aguilar opened and closed Citizen Comments at 6:06 p.m.
DISCUSSION AND POTENTIAL ACTION ITEMS
I. Discussion and Direction on the Parks and Facility Fee Increase, Youth Sports Fee Increases and Non-Resident Fee Adjusted for Youth Sports, Park and Facility Rentals.
Recreation Superintendent Benoit introduced this item. She gave a PowerPoint presentation on the Parks and Facility Fee Increase, Youth Spo1ts Fee Increases and Non-Resident Fee Adjusted for Youth Sports, Park and Facility Rentals.
There was a lengthy discussion between Council, Recreation Commissioners, and staff on the Parks and Facility Fee Increase, Youth Sports Fee Increases and Non-Resident Fee Adjusted for Youth Sports, Park and Facility Rentals.
Council gave direction to staff to bring the item back at the next scheduled regular city council meeting.
ADJOURNMENT
The special meeting was adjourned by consensus at 7:30 p.m.
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.
MEETING MINUTES
REGULAR MEETING
LIVINGSTON CITY COUNCIL
DECEMBER 7, 2021
A Regular Meeting of the Livingston City Council was held on December 7, 2021 , in the City Council Chambers with Mayor Aguilar presiding.
REGULAR MEETING
Mayor Aguilar called the meeting to order at 7:02 p.m.
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.
ROLL CALL
[8J Mayor Juan Aguilar Jr.
[8J Mayor Pro-Tern Raul Garcia
[8J Council Member Maria Baptista-Soto
D Council Member Jose A. Moran (Excused Absence)
[8J Council Member Gagandeep Kang
CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.
CHANGES TO THE AGENDA
Items 11, 12, 13, and 16 were pulled for discussion.
CITIZEN COMMENTS
Mayor Aguilar opened Citizen Comments at 7:05 p.m.
Citizen Comments:
Katherine Schell-Rodriguez
Attendee ( did not state name)
SheriffVern Warnke
Undersheriff Corey Gibson
Attendee ( did not state name)
Attendee (did not state name) (via phone)
City Attorney Hallinan, Mayor Aguilar, and Interim City Manager responded to citizen comments.
Mayor Aguilar closed Citizen Comments at 7:23 p.m. as there were no further comments from the public.
Interim City Manager introduced Interim Police Chief Hale.
Interim Police Chief Hale briefly discussed his contract as Interim Police Chief.
ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
• Recreation Superintendent Benoit
• Interim City Manager Portillo
Public Comments:
Barbara Ratzlaff
Gabriel Salazar
Mayor Aguilar and Interim City Manager Portillo responded to public comments.
Mayor and Council Members Announcements and Reports
• Mayor Pro-Tern Garcia
• Council Member Soto
• Mayor Aguilar
Staff responded to Council questions.
CONSENT AGENDA
I. 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 November 12, 2021.
4. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated December 2, 2021
5. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on July 6, 2021.
6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on July 20, 2021.
7. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on July 23, 2021.
8. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on August 17, 2021.
9. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on September 7, 2021.
10. RATIFY MEMORANDUM OF UNDERSTANDING
Resolution Ratifying Amendments to the Memorandum of Understanding (MOU) between the City of Livingston and Livingston Clerical Employees Association.
11. RATIFY MEMORANDUM OF UNDERSTANDING
Resolution Ratifying Amendments to the Memorandum of Understanding (MOU) between the City of Livingston and Livingston Management and Confidential Employees Association.
Mayor Aguilar read an email from Council Member Moran pointing out some typos on Items 11, 12, and 13.
Interim City Manager noted that the typos were made on the staff reports only.
Mayor Aguilar opened public comments at 8:09 p.m.
Public Comments:
Katherine Schell-Rodriguez
Interim City Manager Portillo responded to public comments.
Mayor Aguilar closed public comments at 8: 11 p.m. as there were no further comments from the public.
12. RATIFY MEMORANDUM OF UNDERSTANDING
Resolution Ratifying Amendments to the Memorandum of Understanding (MOU) between the City of Livingston and Livingston Police Officer Association.
13. RATIFY MEMORANDUM OF UNDERSTANDING
Resolution Ratifying Amendments to the Memorandum of Understanding (MOU) between the City of Livingston and the Supervisory Employees Association.
14. APPROVE THE LIVINGSTON WATER SYSTEM IMPROVEMENTS PROJECT Resolution Accepting the Livingston Water System Improvements Project, State Project No. 2410004-003c as Complete, Authorizing the Deputy City Clerk to file a Notice of Completion with Merced County, and Authorizing the Interim City Manager to Make Final Payment of Retention Monies to Conco West, Inc.
15. APPROVE RENEW AL OF COPIER LEASE
Resolution Authorizing the City Manager or Designee to Execute a Renewal of the Copier Lease Agreement with the Ray Morgan Company for the Livingston Police Department.
16. AUTHORIZE THE REPLACEMENT PURCHASE AND UPGRADE OF FIRE
ALARM CONTROL UNIT
Resolution Authorizing the City Manager or Designee to Execute an Agreement with Johnson Controls Fire Protection to Replace the Fire Alarm Control Unit (FACU) at the Livingston Police Department.
Mayor Aguilar read an email from Council Member Moran regarding questions about the detailed scope, bullet point #5, and plans for the fire watch while it is being worked on.
Interim Police Chief Hale and Interim City Manager Portillo responded to Council questions.
17. APPROVE SECOND AMENDMENT TO THE DISPATCH SERVICES CONTRACT Resolution Approving the Second Amendment to the Dispatch Services Contract Between the City of Livingston and the City of Gustine.
Motion: MIS Garcia/Soto to approve the Consent Agenda. The motion carried 4-0-1 by the following roll call vote:
AYES:
NOES:
ABSENT:
PUBLIC HEARINGS
Council Members: Soto, Kang, Garcia, and Aguilar
Council Members: None
Council Members: Moran
18. Public Hearing - Site Plan and Design Review 2021-02 to Construct Three New Housing Units on Two Adjacent Lots at 835 6th Street; APN: 024-183-008 and 024-183-009.
Contract City Planner Anderson introduced this item.
Mayor Aguilar opened public comments at 8: 18 p.m.
Public comments:
Attendee ( did not state name)
Mayor Aguilar closed public comments at 8:22 p.m. as there were no further comments from the public.
Motion: MIS Garcia/Kang to adopt Resolution No. 2021-83, Approving Site Plan and Design Review 2021-02 to Construct Three New Housing Units on Two Adjacent Lots at 835 6th Street; APN: 024-183-008 and 024-183-009. The motion carried 4-0-1 by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
Soto, Kang, Garcia, and Aguilar
None
Moran
DISCUSSION AND POTENTIAL ACTION ITEMS
19. Discussion on Term Limits of Council Members and Mayor.
Mayor Aguilar introduced this item.
There was a brief discussion between Council and City Attorney.
Mayor Aguilar opened public comments at 8:26 p.m.
Public Comments:
Julio Valadez
Mayor Aguilar responded to public comments.
Aguilar closed public comments at 8:28 p.m. as there were no further questions from the public.
Council directed staff to look into the term limits for Council Members and Mayor in the cities of Stanislaus County, Merced County, and Madera County.
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor and Council Members provided direction to add the following items to a future agenda:
• Discussion on a skateboard park.
ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:30 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.
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
RECOMMENDATION
STAFF REPORT
2022 Request for Fee Waiver for the Livingston High School All Alumni Reunion
February 15, 2022
Jacquie Benoit, Recreation Superintendent
Vanessa Portillo, City Manager
Staff recommends Council to approve the Facility Fee Waiver Request from the Livingston High School All Alumni Reunion.
BACKGROUND AND DISCUSSION:
On February 4, 2022, the Livingston High School All Alumni Reunion submitted a Facility Use Form to use Memorial Park, stage and kitchen for September 24, 2022 all Class Reunion. The Livingston High School All Alumni Reunion has used the area for numerous years. Customarily, facility usage fees have been waived for the Livingston High School All Alumni Reunion. A key is provided to the head of the Alumni Committee and they open and close the facility and always leave in good condition.
The Livingston High School All Alumni Reunion has asked for a fee waiver for the use of these facilities. Per the Facility Fee Policy, fee waivers are approved by City Council.
FISCAL IMPACT:
The Livingston High School All Alumni Reunion Committee is comprised of current Livingston residents and past residents. They are categorized as a Class II user group. The fee waiver request for the Livingston High School All Alumni Reunion Committee will represent a fiscal impact of $165.00 due to uncollected fees and $15.00 cost for electricity for a total of $180.00.
ATTACHMENTS:
1. Packet - Facility Use Request Form and Request for Fee Waiver, 1 (1C0~
ALL ALUMNI REUNION
P.0.BOX 365
DELHI, CA 95315
February 1, 2022
To whom it may concern,
We, the committee, for the L.H.S. All Alumni Reunion request to have the fee waivered for the Memorial Park & Park Kitchen.
We have already reserved the park for the reunion on September 24, 2022.
Our goal every year is to contribute funds to Livingston High School's departments in need. We will also distribute funds for at least 2 scholarships for LHS seniors.
If you have any questions, you may contact me at .
Thank you for this consideration as it will benefit Livingston High School.
Yours truly,
~£1Jk
Diane Dallas
LHS All Alumni Reunion
CITY OF LIVINGSTON USE PERMIT - Park Pituinc Sbdlcr Rental Agreement upda1ct1 ___ Arakcli:m Park X i\kmorial Park X Mcmorial Pmk Stage K .. ),kmorial Park Kitchen ___ M.:,x Foster Spurts Complc.~ Rental Requests must be made a minimum of 7 davs prior to usage with payment in Full. NO EXCEPTIONS Rental Date q -c{4 -~ ~ ~ O(am)tpm to °t an€i) :V \~ e 11 ..._ \ \a.5 L \ i'fll Time lnclu1!cs: epartun: Tii11e is After Ckan up Renter's Name/Orga111za11on: =:;..:-..-.)..:...--=--"!...-!....!. ...... _..1-..i...\ .... ~~:r......i....-..1..,;~--:..r..~~=.:..n.:.... ______ _ Address
Telephot
Additional Contact PcrsO::.ll~:_....;_;:_..:.....,,.....;:-...!..:.:~~u~·-=- nL-________ _ What will facility be used for? c Is Your Activity open to the public? Yes/ No Do you hnvc a bounce house or watcrslidc: Y cs/ 'o f yes who is the 1,rovidcr; ______________ _ Will th~'TC be amplified music;@/ No Number of People ex peeled'! (including players and ~pcctators) o2.00 Will concessions or mcrchm1di~c be sold'! Yes/~ Is extra insurance nccdcJ'! Yes / No ( if yes auach policy to this agr\.-cmcnl) Please Describe your Event: I b\$ es\\ M'-'M..f\..l RQ.OY\.J 0:0,
READ BEFORE SIGNING
I. 17u: group or org1111i:111io11 I1.tl11g tile fi1cili(1• ll'if/ complv 1,·it/1 th,• {,m·s of tlu: State of Ca/ifomit1, rh(• Ci(1· of lil'i11gs1011 a11d 1/1£' codes 11111/ mies i·sm/1/islte,I by tire lfri11g1to11 Recn!lltio11 D,-partme,11.
]. 71,v n·11t11/ group •rill bi· n>spo11$ib/,· for 111/ pe1:ru11s ht tlte group or org1111i:,11io11 011d liability for all Jlt'l'So11s i1111tw11/1111c,-.
J. 71u: 1'('11111/ group 11111st ass11111,· /iabiJil.1·Jor at{V tf<1mage.f <10111.' 10 t/11• facilitv or '"Jl•i1m1e111. a11<I 1.-ill h·m·e tlw fi1cilit)' i111/11! satlsfac1ory co11dirio11. Groups lm,·i11g 1/ie fucilio· n-it/10111 d1.•a11i11g smi.if,1c1ori~v will los11 ,1,e;,. tlepo~
4. 711e rmt11{ gro11p 11•ill l11: l'i!Spo11sible to sec that 110 0I1t• in e1/te11Cla11ce to tire fi11:ili~v,f11ri11g their r1111t11/ is 11111/er 1/ie i11flr1e11ce of or lws ht 1l11:ir posscssio11. 11/coltolic be1·1Jrag<'S or tlrng.r.(l'/,,a$t' 11m,0 lhctt s/1011/cl m,y cr{col,of or ,/rugs be fo11mf u11 tire· pn:mi.rl.'s, rhe rwr111/ 11'i/f be Nrmi11a1e,I um/ NO money ll'ifl be nf,1111l,•1f!!J
5. 11w gro11p ll'i/1 rac,w tlic fircili~r 1111/r1: time desig1t(ll('1/ mt 11,is applicmio11. Rf:N1:-t1. 71,\JI-: INCI.UDCS Sf:T UI' :IND CI.I:::IN UI'.
Ii. :Ill actfri{I' .rhall b,· !111(/<:r ,·011trol 1111<1 slu,f/ be operate,/ amf s11p(•n·i.wd to 1/i,• mtisfi1c1io11 of 1!11: lll'cre1rtio11 Departme111. If 1/ie actil'il,I' is 1101 openllt!d or s11pi>r,-isl!d lo th,: s111isfi1ctio11 of tli e R(•crc'mio11 D,•p11r1111e111 Swjf. it may l'<'Slllr /11 1/J,• loH of co11sid,,,-11tio11 of fi11111·r req11ests from tlu• spo11.mri11g org1111i:-ot/011 mul for ,·mtt'l!llalia11 oft/re actM(1· ,111Jia1 tint<'.
7. 11w lkcr,•a1io11 D.:1xn·1111<•111 n•s,·1-..·('J ,1,,., rig/1110 .r/Jifi 11ctfrith:s lo ot/1i:rji1ciliti1:s if a mi/able 11111( 11<•c,•ssm;i·. /?('11/,·r sbo/11101 mbl,•t >'l.!S<'nvtio11 booki11g 10 any ot/1,'r ,,11r,y. Rt·111,·r mu.ff hni·e ct copy of a 11S<' pamir i11 tltt'ir possi:.~sio,, during r1:s,·n-t1tio11 ltours. lnsuranc-c: lnsurJncc will he n:q11ir,."1.I for all funJr.iising events and all C\'cats that arc open to tho: public or tli.11 h;l\'c an anticip;UL'O :111c11dam:e of 0\'L'I' 500 p1.'0plc (whether public or pri\';ih:). lnsur.irn:c may be provided by a private cani.:r in lhc lorn, ofa Cc1tilkatc of lnsuranc•·· Proof of insumnce must bi: proviJ,-J at k-ast 1hiny (30) working <lays prior to ;on ,:,·,:11I or th,: c,· .. ~it is subj,-cl to c:inccll:uinn. P<11icy muse stale 1hc following: Titis in.<ur:1nc,: polky will not bc cuneclkJ wi1hc,u1 thirty (30) d.iys prior wriucn nolicc to lhe City of Livingsl<>n. The City of Li>·ingston is not li:ibl.: for the payment of any premium or .i:;scss1111:nts on this policy. The City of Livingsto11 is nam,..,J as additionally insurLxl. Namc and dalL'(s) of cvcnts being eov,'l','d. GENERAL LIABILITY: Policy showing limit~ of SI ,000,000 cumprclK·nsivc general li:1bili1y insurance, anJ SS0,000 damage 10 property. PRODUCTS LIA131LITY INSURANCE ENDORSEMENT ( FooJ orbc,·cmgc sold or given away)JIOST Liquor Liability Emlon;cmcnL Liquor Liahili1y Insurance Endorsement (Alcoholic hc,·em;;i: sold or gi,·cn away).
Permits :11111 Llcrnscs: Penn its aml Lico:ns,-s should be obtainL'ti 30 Jays prior to c,·ents. lkalth Pcnnit - (Food. bc,·cmgc or commodity sold 10 the p11blic) Merced County l k-alth Ocpanment. S3ks Permit - (,\ny commodity sold to th.: puhlic). State Boanl of Equalization. Liq11or License - (Alcoholic 8cvcr.1ges Sold) ABC Commission. Livingston Busin,-ss lkcnse - (Conducting bu~in,-,;s wi1hi11 City Limits) EwnliDancd1\lcohol Pcnnit - l.iving.~ton Police Dcpanment - ·niis !}l:mtit r1.'quir,-,; s1.-curity at C\'e111 of 50 or more. If S1.,:uri1y can not be ohrainL"ll C\'cnt can not be held.
Other Conditions:: A Jumpstcr key and if applicable: a key lo rhe Ek,:tric Do., must bc pick~'d up frid;1y prior to your n:n1al. lf thc key is not pickl.-J up and the on call pcr;onncl is dispatched 570 will be tkduc11.-d from your dcposi1. Then: will be a S25 ftc on all rctum,;,"tl checks. ,\ny activities or special arrangements not sp1.-cilically :iulhoril c<l on your rc111al agn.-cm.:-nLlus..: pennit ;iri: prohibit,-d. Applicants agree 10 abide by all rules and l'\'Sulations or the facilityllicld rented. All foe~ must b.: paid scvcn(7)days in ath·ancc or l'Wllt. No glass con1:1iner allow1.'d in any Park or R1.-crL-ation facility. No vcl1iclcs arc allow1.-J in any Park Facility. l11c dumpster and ekctric ho:\ mus! be lockl-d wl11:11 >·our rcnlal is over. Keys must bc rc:tumc:d 10 City Hall the n~ll! busin,-ss day alkr the fl'l\lal. D<'f)OSil~ will be kepi ifk1.'YS arc 1101 rctumed.
HOLD 11 ,\llMLESS AGREEMENT - l11c applicant is an authorii.,-d agcnt t)flhe group submiuing this applicalion. The applicant{and'or hiSJ11cr}organi:1.;i1ion making this application understand and agrc:e to :issu111c all risk for loss, damage, li;1bilily, injury, cost orcx1>L-ns.: thal may arise during orbe caused in any way by such usc oHiccupaocy or ll1e focilitks or the City or Li,·ingslon. ·n.c applic:1111 funhcr agr,"CS that in consid.:r.ition or bdng pcnnitted 10 use said facilities. HE/SHE AND
THE GROUP WILL DEFEND, INDEMNIFY AND HOLD THE CITY OF LIVINGSTON, RECREATION DEPARTMENT AND THEIR AGENTS AND EMPLOYEES II ARMLESS FROM ANY LOSS. CLAIMS AND LIABILITY OR DAMAGES ANDlOR INJURIES TO PERSONS AND PROPERTY that in any way may bc c;iusc'\I by the applic:mt"s use t1r occupancy of the facilities. To bc n:imhurscJ on any and all dcposi1s, th.: original deposit r,.-cdpt must be subminc-d to City I !all aflcr the cvcnl. Oncc subminc-J a chi:ck will be maikd within )0 days fro111 the day tlu: r,-cdpt was submiu,'\I, kss any damage or cl..v.inini; co~ts incuJT,-tl as a rL-sult Qf your e.,.cnl. li ll'e. rltr 11111l1J1·sig1mf. haw ,wul 1/i,: ,,
Date Request Taken: _____ By: ____ .,..... __ ,.___ U~cr Cla:;s ____ Fee Due in Full by; __________ _ Rcqucs1 Approved by: Rcqm!$I Denied/reason Date: ______ _ Fee Date/PD: ··-DL1>0sit Amt ···-DatctrD. ___ _ STAFF ASSIGNED: Additional l>cnnits rcqui~'tl: ___________________ _ Special Instructions.·_--------------------------------------------- .1/I-,.,__ ____________________ _ AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Notice of Intent to Comply (NOIC) with SB1383 Requirements February 15, 2022
Jennifer Halpin, Consultant
Vanessa L. Portillo
RECOMMENDED COUNCIL ACTION
Adoption of a Resolution to authorize the submittal and authorizations of a Notice of Intent to Comply with SB 1383 Requirements as required to qualify for grant funds.
BACKGROUND/DISCUSSION
SB 1383 Requirements
CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.
Requirements of this regulation include waste diversion of Organics and recyclables amongst residents and businesses, the implementation of an Edible Food Recovery Program, Inspections of generators (both residential and commercial), and other program requirements.
More information is available at www.calrecycle.ca.gov/organics/slcp.
Enforcement
CalRecycle will be reviewing jurisdictions' activities to ensure each one throughout the State of California is meeting compliance. Though CalRecycle won't be able to impose fines onto jurisdictions until 2024, it does reserve the right to impose fines retroactively if it is deemed that a jurisdiction had "violations" during January 1, 2022 - December 31 , 2023.
Violations would be any activity/program not implemented by a jurisdiction as of January 1, 2022.
Notice of Intent to Comply
Senate Bill 619 (Laird, 2021 ), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a NOIC, through which a jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan.
On the Notice of Intent to Comply form, the City of Livingston is requesting an extension to when compliance with recycling will be met due to Covid-related delays in receiving equipment for Gilton's recycling facility. Gilton is the City of Livingston's franchise hauler as well as the operator of its own solid waste, organics processing and recycling facility. In order to meet
STAFF REPORT
compliance with recycling mandates of recyclables and organics, Gilton is expanding their operations with the use of high-tech artificial intelligence and other large pieces of operational equipment to help sort out separated material from the waste stream. Though some hand sorting is currently performed, Gilton has stated its equipment for faster and more efficient sorting should be up and running by mid to late 2023.
The NOIC lists out these details to show that this part of the required programs is heavily dependent on Gilton's high processing facility. For other programs such as organics recycling, which is the main target of SB1383, the City of Livingston is currently meeting program compliance with all residents and businesses having the ability to place landscape material, food waste, food-soiled paper products, and other paper products into the residential green carts and commercial Organics bins.
Conclusion
With the adoption of the attached resolution, a NOIC form can be submitted to CalRecycle for review. With CalRecycle approval, the City of Livingston has more time to implement required programs and protection from CalRecycle imposing fines onto the City for the timeframe outlined in the NOIC form (attached as Exhibit A).
FISCAL IMPACT
There are no fiscal impacts associated with the City Council approving the submittal the attached NOIC to CalRecycle. It may possibly offer protection from CalRecycle issuing fines to the City of Livingston regarding what CalRecycle may deem as 2022 "SB 1383 Violations." Additionally, filing the NOIC will allow the City to qualify for grant funding to offset the administrative burden of updating the City's ordinance as required by SB-1383.
ATTACHMENTS
1. Resolution of the City Council of the City of Livingston Approving the Submittal and Authorizations of the Notice of Intent to Comply
2. Exhibit A- Notice of Intent to Comply
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
APPROVING THE APPLICATION SUBMITTAL OF A NOTICE OF INTENT TO COMPLY WITH SB1383, AND ANY RELATED AUTHORIZATIONS
WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.
WHEREAS, the City of Livingston is a local jurisdiction required to comply with the Regulations;
WHEREAS, the City of Livingston is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year;
WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan.
WHEREAS, the City of Livingston is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute; NOW THEREFORE BE IT RESOLVED THAT:
The City Council of the City of Livingston by and through its City Manager hereby formally adopts the Notification of Intent to Comply attached as Exhibit "A." The City Council of the City of Livingston hereby authorizes and directs the City Manager on its behalf, to submit the Notification of Intent to Comply attached as Exhibit "A" to CalRecycle for approval pursuant to the Statute.
By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Livingston represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations.
The City Council of the City of Livingston by and through its City Manager also acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply.
Passed and adopted this 15th day of February, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Juan Aguilar Jr., Mayor
of the City of Livingston
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 15th day of February, 2022.
Monica Cisneros, Deputy City Clerk
of the City of Livingston
EXHIBIT "A"
Please clearll£ E!rint or tJ£E!e responses. Attach additional pages as necessary.
Jurisdiction Name: City of Livingston I County:Merced
Person Comoletina the Form:
First Name: Jennifer I Last Name: Halpin
Title: Principal Consultant
Mailing Address: PO Box 1066
City: Merced I Zip Code: 95340
Email Address: [email protected]
Phone Number: (209) 761-1004 or (209) 431-0806 ext. 1001
1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.
Example:
lZI (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.
Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11.
D (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services IZ! (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services D (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services D (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
D (F) 14 CCR section 18984.5 Container Contamination Minimization D (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
D (H) 14 CCR section 18984.7 Container Color Requirements D (I) 14 CCR section 18984.8 Container Labeling Requirements D (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction D (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach.
D (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach D (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction's Compliance with Education and Outreach Requirements
D (N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers D (0) 14 CCR section 18988.3. Self-haulers of Organic Waste D (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
D (Q) 14 CCR section 18989.1. CALGreen Building Codes
D /R) 14 CCR section 18989.2 Model Water Efficient Landscaoe Ordinance ~ (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program ~ (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
D (U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning ~ (V) 14 CCR section 18992.2. Edible Food Recovery Capacity D (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target D (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
D (Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements D (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to Ca/Recycle.
(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995. 1 (a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
D (CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
D (EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.
Example:
~ (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section □ (1)
□ (2)
□ (3)
□ (4)
□ (5)
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.
(C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services:
Currently, the franchise hauler for the City of Livingston is also the facility owner who will be operating a High Diversion Organics Processing Facility. Organics collection (through green organics carts and organics bins) provided to residential and commercial generators already accept the following in the Organics carts/bins: food waste, food-soiled papers and other paper fiber and green waste/landscaping plant material. Until the more sophisticated equipment is installed for high-quantity/quality sorting, smaller volumes of recyclables and Organics are being sorted from the solid waste stream (black cart/solid waste bin material). More sophiticated sorting equipment will include artificial intelligence and other type of technology that Gilton has invested millions of dollars into acquiring in order to update its facility into a High Diversion Organics (and recycling) Processing Facility. Currently there has been a delay in receiving the necessary equipment. Pease see #3 and #4 for more information.
IS), IT), IV) 14 CCR section 18991.1, section 18991.2 and section 18992.2:
Edible Food Recovery and related programs -- Due to Covid-19, programs for edible food recovery have been limited. The program currently in place is provided through the Sheikh temple within the City of Livingston. Food-generators are not able to donate food on a regular basis yet, due to food being offered once a week by the temple. (If food is accepted too early, it will end up being disposed of, regardless of being edible at the time of donation, because there isn't the abilitv to offer food distribution 7 davs a week.\
3. A description of the impacts of the COVID-19 pandemic on compliance. (C) continued ... : Part of the delay in receiving the equipment necessary for the sort line at the Gilton facility is due to COVID-19-related issues, such as reduced staffing across all industries nationally and internationally, which has led to a decrease in production of products/materials/equipment and in transportation.
(S, T, V) Edible Food Recovery and related programs: Due to Covid-19, programs for edible food recovery have been limited. Access to edible food donation isn't available everyday of the week. Distribution of edible food to the public is limited.
4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below. (C) continued ... : It's anticipated that the higher sorting pieces of equipment will arrive for installation and become operational by the middle to end of 2023. (S, T, V) Edible Food Recovery and related programs: The hired consultant is helping the City locate an additional program that may work for the community, such as a community foodsharina Proaram that is accessible bv the Public on a dailv basis.
I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.
Jennifer Halpin Principal Consultant 2/9/2022
------------------------- ----------------------- ---------------------- Printed Name Title Date Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.
Reaulatorv Reauirement and Description
Action Prooosed Schedule
TASK 1: Gilton to receive sophisticated sorting equipment. Date to be completed:
6/30/2022
TASK 2: Installation of the different types of sort line equipment Date to be completed:
and machinerv at the Gilton location. 8/1/2022
TASK 3: Sort line/new equipment pieces operational/running to Date to be completed:
seoarate remainina recvclables and Orqanics from solid waste. 12/31/2022 /or sooner\ Reaulatorv Reauirement and Description
Action Proposed Schedule
TASK 1: Arrangement of a new or existing edible food recovery Date to be completed:
facility to be able to accept edible food from food generators. 6/30/2022 or 12/31/2022 at the latest
TASK 2: Food generators and food facilities to record amounts of Date to be completed:
edible food delivered/accepted, and any other record-keeping 8/31/2022 or 12/31/2022 at the requirements performed. Date to be completed will hopefully be latest bv the summer, but bv 12/31/2022 at the latest.
EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:
Citv alreadv Provides mandatorv areenwaste collection to all residents Action Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify Date to be completed:
collection routes 411/2022
TASK 2: The city will work with its hauler to find a facility to Date to be completed:
acceot mixed oraanic waste. 4/14/2022
Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic vard or more.
Action: Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify Date to be completed:
collection routes 4/21/2022
TASK 2: The city will work with its hauler to acquire and distribute Date to be completed:
appropriate containers to all commercial accounts. The city will 4/28/2022 obtain monthly reports from the hauler to monitor full distribution of carts.
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Fee Increase - Firearms Training Facility
February 15, 2022
Chuck Hale, Interim Police Chief
Vanessa L. Portillo, City Manager
RECOMMENDATION:
Staff recommends increasing the Livingston Police Department Firearms Training Facility usage fees
BACKGROUND AND DISCUSSION:
In 1996, Resolution 96-31 was passed by the Livingston City Council adopting usage rates for the Livingston Police Department Firearms Training Facility. The fee adopted was $700 fiscal year for any and all agencies using the facility and $50 fee for one-day use. The purpose of the fee is to mitigate the City's cost to maintain the facility. For unknown reasons, the range usage fee was inconsistently billed to allied agencies using the training facility. The Police Department has implemented corrective measures so all agencies using the facility are billed.
The firearms training facility is a vital part of law enforcement training not only for the Livingston Police Department, but for many other agencies stretched throughout the Central San Joaquin Valley. Currently, there are sixteen (16) law enforcement agencies and educational institutions that utilize the Livingston Police Department Firearms Training Facility. There are many different maintenance issues and improvements that need to be made to the range to keep in sustainable conditions for years to come.
Increasing the usage fee for the facility to $1,200 per fiscal year and $120 for one-day use will ensure that all participating agencies pay their fair share to maintain the facility in operational standards. The fee increase requested is below the fee projection of $1,300 assuming an average Consumer Price Index (CPI) of 2.5% annually. The closest training facility is located in Sacramento and collects over $200 thousand annually per participating agency.
FISCAL IMPACT:
The current Livingston Police Department Firearms Training Facility budget is $2,100 per fiscal year. The new fee of $1,200, if approved, will increase the budget for Fiscal Year 2022/23 to approximately $19 thousand assuming that all agencies decide to enter into an annual agreement.
ATTACHMENTS:
1. Resolution
2. Power Point Presentation
1 RESOLUTION 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
ADOPTING A NEW RATE SCHEDULE FOR THE LIVINGSTON POLICE
DEPARTMENT FIREARMS TRAINING FACILITY
WHEREAS, the City of Livingston has a firearms/weapon training facility for use by the Livingston Police Department and other law enforcement entities and educational institutions.
WHEREAS, the City of Livingston will be required to both maintain and upgrade the facility as needs require; and
WHEREAS, a maintenance and use fee will be charged to law enforcement entities and educational institutions using the firearms training facility; and WHEREAS, the maintenance and use fees established for the use of the firearms training facility will be set at one thousand two hundred dollars ($1,200) per agency each fiscal year for unlimited use, or one hundred twenty dollars ($120) per agency for single day use.
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, a municipal corporation, duly organized and existing under and by virtue of the laws of the State of California, hereby approves such maintenance and use fees for usage of the Livingston Police Department Firearms Training Facility.
Passed and adopted this 15th day of February, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Juan Aguilar, Jr., Mayor
of the City of Livingston
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 15th day of February, 2022.
1 Monica Cisneros, Deputy City Clerk
of the City of Livingston
Livingston Police Department
Firearms Training Facility User Fees
Public Hearing
February 15, 2022
Previous Conditions and Fees
1996 Resolution 96-31,
approved fees as follows:
• $700 yearly
• $70 daily
Agencies Using Range
• Merced Sheriff
• Merced College
• CHP
• CA Fish and Game
• Merced Co Probation
• CSU Stanislaus
• Ceres PD SWAT
• Stanislaus SWAT
• Manteca SWAT
• Merced DA
• Gustine PD
• Stanislaus Probation
• Cal OES
• CDCR
• San Joaquin Valley College
Issues and Concerns
•!• Inconsistent Billing: Only 2 currently billed
•!• Range for Personal Use
•!• Private Entities using Range for business
•!• MOU - Liability Release Waiver
•!• Range Current Condition
•!• Operation and Maintenance
Current Conditions
Tonight's Council Action
Hold a Public Hearing to approve the following usage and maintenance fees for the Livingston's Firearms Training Facility:
•!• $1200 Per Year - Unlimited Use - Subject to Availability •!• $120 Per Day- Subject to Availability