Agenda packet — Livingston City Council, March 15, 2022

CITY COUNCIL REGULAR MEETING AGENDA
March 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-fCf PZ2VwZq

PERSONS WHO ATTEND THE MEETING ARE ASKED TO FOLLOW THE CURRENT STATE OF CALIFORNIA PUBLIC HEALTH GUIDANCE.
(Some Councilmembers may be participating in t he meeting remotely via teleconferencing consistent with the Government Code Section 52953(e) and City of Livingston Cit y Council Resolution No. 2021-71.) Notice is hereby given that the City Council will hold a Regular Meeting on March 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 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 t he 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. 1 REGULAR MEETING

CALL TO ORDER
Pledge of Allegiance.

Moment of Silence - First Responders and Military Members.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

CITIZEN COMMENTS
Next Resolution No.: 2022-12
Next Ordinance No.: 645

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.

AW ARD, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Mayor Aguilar: Recognition of Alma Lopez, School Counselor at Livingston Middle School.

2. Presentation by Mayor Aguilar: Recognition of Matt Winton, Baseball Coach at Livingston High School.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members' Announcements and Reports.

Mayor's Announcements and Reports.
2 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 March 3, 2022.

6. AUTHORIZE THE CITY MANAGER OR DESIGNEE TO JOIN WITH THE STATE AND

OTHER UNITS OF GOVERNMENT IN COOPERATIVE PURCHASING PLANS Resolution Authorizing the City Manager or Designee to Join with the State and Other Units of Government in Cooperative Purchasing Plans when the Best Interest of the City Would be Served.

PUBLIC HEARINGS

7. Public Hearing- Frist Reading and Introduction of Ordinance Adding Livingston Municipal Code, Title 10, Chapter 14, "Military Equipment Use," By Ordinance Adopt a Policy that Regulates the Use of Military Equipment by the Livingston Police Department.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. AUTHORIZE THE CITY MANAGER TO SIGN THE DEPARTMENT OF PARKS AND

RECREATION GRANT CONTRACT
Resolution Authorizing the City Manager to Sign the Department of Parks and Recreation Grant Contract.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

CLOSED SESSION

9. Conference with Legal Counsel - Potential Litigation (Government Code Section 54956.9( d) (2))
Number of Cases: 2

ADJOURNMENT
3 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 COVI D-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:
{CW108155.I}
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 5°1 day of October, 2021.
/kK--~
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
(CWI08155.I)
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Warrant Register dated March 3, 2022
March 15, 2022
Nancy Fuentes, Accounting Technician
Vanessa Portillo, Interim City Manager
RECOMMENDATION:

Ratify the warrant register dated March 3, 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:

February 18, 2022- March 3, 2022
GENERAL WARRANTS .......................... $
PAYROLL/WIRE WARRANTS .................. $
TOTAL WARRANTS .............................. $
ATTACHMENTS:
267,683.91
164,216.97
431,900.88
Warrant Register (summarized by date and check number)
1 6254-6330
2006- 2019
Accounts Payable
Checks by Date - Summary by Check Date
User: nfuentes
Printed: 3/10/2022 9:32 AM
Check No Vendor No Vendor Name
6254 251 ABS Direct, Inc.
6255 616 Adams Ashby Group, Inc.
6256 395 Administrative Solution, Inc.
6257 290 All-Phase Electric Supply Co.
6258 252 Allways Towing
6259 861 Applied Industrial Technologies- CA LLC
6260 282 AT&T Mobility
6261 545 Best Electric
6262 193 BSK Associates
6263 168 Calaveras Materials, Inc.
6264 766 Central Valley Landscape & Tree
6265 189 ComTech21 LLC
6266 447 Conco West, Inc
6267 455 Ernest Packaging Solutions
6268 163 EZ Auto Supply
6269 295 Ferguson Waterworks #1423
6270 188 Frontier
6271 506 Garcia's Tires & Wheels
6272 262 Gilton Solid Waste
6273 5 15 Hart Paving & Grading, Inc.
6274 469 Hewlett Packard Financial Services Co.
6275 267 Hoffman Security
6276 593 Horizon
6277 501 Hunt & Sons, Inc.
6278 165 J L Analytical Services, Inc.
6279 521 Jim Brisco Enterprises, Inc.
6280 167 Kimball Midwest
6281 862 Leopoldo Jimenez
6282 483 Loprest Division ofWRT
6283 615 McClatchy Company LLC
6284 269 Merced Pest Control
6285 389 Mid Valley IT
6286 180 Mission Linen Service
6287 507 Muniquip,LLC
6288 199 Northstar Chemical
6289 302 Office Depot, Inc.
6290 205 Paramount Pest Services
6291 203 PG&E
6292 405 Premier Access Insurance Company
6293 4 16 Quality Well Drillers
6294 553 Rahn's Fire & Safety Services
6295 433 Razzari Ford
6296 RCS Revenue & Cost Specialist, LLC
6297 208 Saenz Pest Control, Inc.
6298 500 Safeguard Business Systems
6299 561 Safe-T-Lite of Modesto, Inc.
6300 739 Self- Help Enterprises
AP Checks by Date - Summary by Check Date (3/10/2022 9:32 AM) Check Date
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
02/25/2022
City of Livingston
1416 C Street
Livingston1· C.A 95334
Check Amount
894.00
2,300.00
150.00
422.65
180.00
274.39
1,122.60
661.97
5,305.00
1,491.34
5,923.00

37.96 7,105.03
841.15
190.99
2,550.02
4,085.64

20.00 2, 141.55
22, 139.00
901.99
617.85

26.78 4,810.32
1,087.00
473.00

60.66 1,200.00
2,000.00
397.10

80.00 9,215.00
1,254.81
106.31
2,338.32
813.32
528.00
320.44
574.20
10,818.00
2,414.33

2.90 13,777.96
127.00
158.64
629.86
29,916.41
Page I
Check No Vendor No Vendor Name Check Date Check Amount
6301 307 Shred-It, C/O Stericycle, Inc. 02/25/2022 205.11 6302 598 Standard Insurance Company RB 02/25/2022 3,055.22 6303 393 State of California 02/25/2022 635.83
6304 310 Totlcom, Inc. 02/25/2022 382.72
6305 314 Valley Coffee 02/25/2022 61.80
6306 504 VIP Audio Visual Company, Inc 02/25/2022 1,500.00 6307 608 Vision Service Plan- CA 02/25/2022 724.32
6308 210 WGR Southwest, Inc. 02/25/2022 3,502.32
Total for 2/25/2022: 152,553.81
6309 397 American Fidelity Assurance Company 03/03/2022 1,783.24 6310 865 Magdalena Barajas 03/03/2022 132.50
6311 863 California Department of Tax & Fee Admin 03/03/2022 826.93 6312 866 CPS I-IR Consulting 03/03/2022 19,000.00
6313 787 Custom Weed Control Inc. 03/03/2022 400.00
6314 547 Don's Mobile Glass 03/03/2022 185.23
6315 UB*01981 Emerald Textile Services, Northern Califon 03/03/2022 750.00 6316 455 Ernest Packaging Solutions 03/03/2022 2, 185.81 6317 356 Gouveia Engineering, Inc. 03/03/2022 82,188.32 6318 UB*01982 FRANCISCO HURTADO ARROYO 03/03/2022 96.15 6319 296 Image Source 03/03/2022 1,170.41
6320 786 J.B, Anderson Land Use Planning 03/03/2022 1,736.40 6321 461 LEAF 03/03/2022 741.59
6322 180 Mission Linen Service 03/03/2022 177.57
6323 302 Office Depot, Inc. 03/03/2022 29134
6324 305 Platt 03/03/2022 258.83
6325 405 Premier Access Insurance Company 03/03/2022 1,110.80 6326 306 Ricoh USA, Inc. 03/03/2022 502.14
6327 564 Texas Life Insurance 03/03/2022 509.15
6328 608 Vision Service Plan- CA 03/03/2022 806.69
6329 864 Carol Walter 03/03/2022 115.00
6330 597 Work Wellness 03/03/2022 162.00
Total for 3/3/2022: 115,130.10
Report Total (77 checks): 267,683.91
AP Checks by Date - Summary by Check Date (3/10/2022 9:32 AM) Page 2 AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

RECOMMENDATION

STAFF REPORT
Participating in State and Other Units of Government Cooperative Purchasing Plans
March 15, 2022
Happy Bains - Senior Accountant
Vanessa Portillo, City Manager
Approve a resolution authorizing the City Manager or designee to join with the State and other units of government in cooperative purchasing plans when the best interest of the City would be served.

BACKGROUND
Section 1-11-4 (G) of the City of Livingston Municipal Code states: "With approval of the council, join with the state and other units of government in cooperative purchasing plans when the best interest of the City would be served thereby."

DISCUSSION
For example, the State of California Department of General Services (DGS) serves as the business manager for the State of California. DGS serves the public by providing a variety of services to state agencies through procurement and acquisition solutions; real estate management and design; environmentally friendly transportation; professional printing, design and web services; administrative hearings; legal services; building standards; oversight of structural safety, fire/life safety, and accessibility for the design and construction of K-12 public schools and community colleges; funding for school construction; and disability access.

Any local governmental entity in the State of California that is empowered to expend public funds may utilize designated State procurement contracts, per Public Contract Code Section 10298, et. Seq.

Obtaining City Council approval to participate in cooperative purchasing plans, when appropriate, will provide staff with an important procurement tool.

FISCAL IMPACT
A cooperative purchasing plan, if appropriate and used, should ensure the most competitive price for the item procured.

ATTACHMENT
Resolution 2022-
1 RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING THE

CITY MANAGER OR DESIGNEE TO JOIN WITH THE STATE AND OTHER UNITS OF

GOVERNMENT IN COOPERATIVE PURCHASING PLANS WHEN THE BEST INTEREST OF

THE CITY WOULD BE SERVED
WHEREAS, Section 1-11-4 (G) of the City of Livingston Municipal Code states: "With approval of the council, join with the state and other units of government in cooperative purchasing plans when the best interest of the City would be served thereby"; and WHEREAS, staff should have available all tools to ensure most competitive pricing for items when quality and quantity are the same;
NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby: APPROVES

THE CITY MANAGER OR DESIGNEE TO JOIN WITH THE STATE AND OTHER UNITS OF

GOVERNMENT IN COOPERATIVE PURCHASING PLANS WHEN THE BEST INTEREST OF THE CITTY WOULD BE SERVED.

Passed and adopted this 15th day of March, 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 City Council of the City of Livingston this 15th day of March, 2022.

Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT

APPROVAL OF MILITARY EQUIPMENT USE POLICY BY

ORDINANCE
March 15, 2022
Chuck Hale, Interim Chief of Police
Vanessa Portillo, City Manager
RECOMMENDATION:

Staff recommends that the City Council take the following action:

1. Adopt Ordinance No. __ , establishing the requirements for a policy that regulates the use of military equipment by the City of Livingston Police Department and adopting a policy for the use of military equipment.

BACKGROUND:

On September 30, 2021, Governor Newsom signed into law Assembly Bill 481 ("AB 481 ") relating to the use of military equipment by law enforcement agencies. AB 481, codified in California Government Code sections 7070 through 7075, requires that any law enforcement agency seeking to use existing or new military equipment to create a military use policy, present the policy for governing board approval by ordinance, and produce annual reports pertaining to the policy and use of military equipment.

The City of Livingston ("City") Police Department ("Department") seeks the City Council's adoption of Ordinance No. __ ("Ordinance"), which establishes the requirements of the City's Military Equipment Use Policy as required under AB 481 to allow the department to continue using the vital equipment in the course of the Department's activities and adopt the policy.

ANALYSIS:

The proposed ordinance ("Ordinance") establishes the requirements for the Department's Military Equipment Use Policy ("Policy") and approves a Policy. Under AB 481 and the Ordinance, the Policy must outline each item identified in Government Code section 7070 as military equipment that the City currently owns or uses. The military equipment (the "Equipment") identified in Government Code section 7070 that must be identified in the Policy, includes:

1. Unmanned, remotely piloted, air or ground vehicles, such as drones.

2. Armored vehicles.

3. Humvees.

4. Battering rams.

5. Firearms and ammunition of .50 caliber or greater, not including shotguns and shotgun ammunition.
{CWI 12178.4} Page 1 of3

6. Flashbangs and other explosive breaching tools.

7. Rubber bullets and other associated specialty impact munitions.

Where the Department seeks to use any of the Equipment, the City Council must adopt a Policy by ordinance that must include:

1. A description of the Equipment, the quantity sought, its capabilities, and expected lifespan.

2. The purposes and authorized uses of the Equipment.

3. The fiscal impact of acquiring and maintaining each type of Equipment.

4. The legal and procedural rules that govern use of the Equipment.

5. The training required to use the Equipment.

6. The compliance mechanisms to enforce the Policy.

7. The procedure for the public to register complaints or submit questions about the Equipment.

If the City Council elects to adopt the Ordinance, the City Council both establishes the criteria for military use policy that will be added to the City of Livingston Municipal Code and adopts a Policy. As required under AB 481 and the Ordinance, the Policy proposed for adoption has been made publicly available on the Department's website thirty (30) days prior to this meeting to consider the Ordinance. In adopting the Ordinance to approve the Policy, the City Council must find all of the following:

1. The Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If Equipment is being purchased, the Equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior Equipment use complied with the Policy that was in effect at that time or where Equipment use did not comply, corrective action has been taken to remedy nonconforming use and ensure future compliance.

Should the City Council adopt the Ordinance, each calendar year, an annual military equipment report will be submitted to City Council for review and approval, as long as military equipment is maintained by the Department. As required under the Ordinance, the annual military equipment report must include:

1. A summary of how the Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Equipment.

3. The results of any internal audits, any information about violations of the Policy, and any actions taken in response.

4. The total annual cost for each type of Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of Equipment.

6. If the law enforcement agency intends to acquire additional Equipment in the next year, the quantity sought for each type of Equipment.

Future acquisitions of any item deemed "military equipment" will require further public meetings, Policy updates, and City Council approval.
{CW! 12178.4) Page 2 of3
Items identified as military equipment by AB 481 are resources used in overall best practices for law enforcement agencies throughout the country. There are numerous examples of incidents that demonstrate the need for more effective options for law enforcement, such as patrol rifles and armored rescue vehicles. In addition, military equipment items are field-tested tools used to enhance the safety of communities and the officers that serve them.

FISCAL IMPACT
No budget adjustment would be required. Annual maintenance costs to support the Equipment identified in the Policy have already been budgeted.

ATTACHMENTS

1. Ordinance No. ~ Establishing the requirements for a Military Equipment Use Policy and approving of the City of Livingston Policy Department Military Equipment Use Policy.

2. Livingston Police Department Military Equipment Use Policy. {CW! 12178.4} Page 3 of3
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADDING LIVINGSTON MUNICIPAL CODE, TITLE 10, CHAPTER 14, "MILITARY EQUIPMENT USE", BY ORDINANCE ADOPT A POLICY THAT REGULATES THE USE OF MILITARY EQUIPMENT BY THE LIVINGSTON POLICE DEPARTMENT.

WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body by an ordinance adopting a "military equipment" use policy at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code section 7070.

WHEREAS, The Livingston Police Department currently has items in its inventory deemed to be "Military Equipment under the provisions of Assembly Bill 481, and California Government Code 7070 through 7075.

WHEREAS, the City of Livingston Municipal Code ("LMC") adopts a policy that regulates "Military Equipment Use" by the Livingston Police Department.

WHEREAS, the Livingston City Council has read and evaluated the proposed policy and finds that it complies with the requirements set forth in the California Government Code (Chapter 12.8, Section 7071 ).

WHEREAS, Title 10-Police Regulations, Chapter 14 LMC will be titled as Military Equipment Use.

THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENT. Title 10, Chapter 14, Military Equipment Use, of the Livingston Municipal Code shall be added to read as follows:

SECTIONS:
10-14-1
10-14-2
10-14-2
10-14-3
10-14-4
10-14-5
10-14-6
{CW112181.4}
TITLE 10
Police Regulations

10.14 MILITARY EQUIPMENT USE
Findings
Determinations
Name of Ordinance
Definitions
Military Equipment Use Policy Requirement
Use in Exigent Circumstances
Reports on the Use of Controlled Equipment
10-14-7
10-14-8
10-14-1
Enforcement
Severability
Findings
A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

B. Assembly Bill 481, codified at California Government Code section 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a "military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code section 7070.

C. Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.

D. The proposed military use policy is found within Livingston Police Department Policy and Procedural manual.

E. Livingston Police Department Policy was published on the Livingston Police Department's internet website on www.cityoflivingston.org/police. In addition, the Livingston Police Department, Military Equipment Use Policy was presented to City Council on March 15, 2022.

F. The Livingston Police Department, Military Equipment Use Policy, meets the requirements of California Government Code section 7070, subdivision (d). 10-14-2 Determinations
Based on the findings above, in addition to the information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in the Livingston Police Department, Military Equipment Use Policy, is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. Livingston Police Department, Military Equipment Use Policy, will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. The Military equipment identified in the Livingston Police Department, Military Equipment Use Policy, is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Livingston Police Department, Military Equipment Use Policy, is approved and adopted.
10-14-3 Name of Ordinance
This Ordinance shall be known as the Military Equipment Use Ordinance. 10-14-4Definitions
A. "Military Equipment" includes all of the following (Per CA Gov. Code, § 7070):
{CW112181.4}
{CW112181.4}

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

B. "City" means any department, agency, bureau, and/or subordinate division of the City of Livingston.

C. "Police Department" means any division, section, bureau, employee, volunteer and/or contractor of the Livingston Police Department.

D. "City Council" means the governing body that is the Livingston City Council.

E. "Military Equipment Use Policy" means a publicly released, written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. {CW112181.4}
F. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.

H. "Type" means each item that shares the same manufacturer model number. 10-14-5 Military Equipment Use Policy Requirement
A. The Livingston Department shall obtain approval of the City Council, by an ordinance adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:

1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of San Bruno.

5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.

7. Acquiring Military Equipment through any means not provided by this section.

B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Livingston Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Livingston Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.
{CW112181.4}
C. In seeking the approval of City Council, the Livingston Police Department shall submit a proposed Military Equipment Use Policy to City Council and make those documents available on the Police Department's internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.

D. The governing body shall consider a proposed Military Equipment Use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.

E. The governing body shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:

1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

F. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.

G. The City Council shall review any ordinance that it has adopted pursuant to this Chapter approving the funding, acquisition, or use of Military Equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
10-14-6 Use in Exigent Circumstances
A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.

B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:
{CW112181.4}

1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

3. Include the Military Equipment in the Police Department's next annual Military Equipment Report.
10-14-7 Reports on the Use of Controlled Equipment
A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.

B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.

C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:

1. A summary of how the Military Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Military Equipment.

3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.

4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.

5. The quantity possessed for each type of Military Equipment.

6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.

E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual {CW112181.4)
Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
10-14-8 Enforcement
A. Remedies for Violations of this Ordinance

1. This Chapter does not provide a private right of action upon any person or entity to seek injunctive relief against the City or any employee unless that person or entity has first provided written notice to the City Manager by serving the City Clerk, regarding the specific alleged violations of this Chapter.

2. If a specific alleged violation is not remedied within 90 days of that written notice, a person or entity may seek injunctive relief in a court of competent jurisdiction.

3. If the alleged violation is substantiated and subsequently cured, a notice shall be posted in a conspicuous manner on the City's website that describes, to the extent permissible by law, the corrective measures taken to address the violation.

4. If it is shown that the violation is the result of arbitrary or capricious action by the City or an employee or agent thereof in his or her official capacity, the prevailing complainant in an action for relief may collect from the City reasonable attorney's fees in an amount not to exceed $15,000 if they are personally obligated to pay such fees. 10-14-9 Severability
A. If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter.

B. The City Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

SECTION 2. EFFECTIVE DATE.

This Ordinance shall become effective thirty (30) days after its final passage and adoption.

Introduced:

Passed and Adopted: __
{CW112181.4}
Juan Aguilar, Jr., Mayor
of the City of Livingston
ATTEST:

State of California)
County of Merced)
City of Livingston)
I, hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the_ day of March, 2022, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this_ day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
{CW112181.4)
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
Policy Livingston Police Department
i09 Livingston PD Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body - The elected or appointed body that oversees the City.

Military equipment - Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code§ 3051 O and Penal Code§ 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Published with permission by Livingston Police Department ***DRAFT"** Military Equipment - 1 Livingston Police Department
Livingston PD Policy Manual
Military Equipment
709.2 POLICY
It is the policy of the Livingston Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.2.1 COMPLIANCE
The Livingston Police Department will ensure that all Department members comply with this policy. The Livingston Police Department will conduct an annual audit. The Chief of Police or their designee will be notified of any policy violations and, if needed, the violation(s) will be referred to Internal Affairs and handled in accordance with the Livingston Police Department Policy Section 1020.6 - Administrative Investigation Procedures. All instances of non-compliance will be reported to the Livingston City Council as part of the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by sending their question via email to:

1. Via email to: [email protected]

2. Via phone call to: (209) 394-7916

3. Via mail sent to: Livingston Police Department Attn: Military Equipment Use Coordinator 1446 C Street Livingston, CA 94066
709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Livingston Police Department (Government Code § 7071 ). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

Published with permission by Livingston Police Department ***DRAFT"** Military Equipment - 2 Livingston Police Department
Livingston PD Policy Manual
Military Equipment
709.4 MILITARY EQUIPMENT INVENTORY
The Livingston Police Department shall submit an annual military equipment report to the Livingston City Council that addresses each type of military equipment possessed by the Livingston Police Department. The Livingston Police Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. (c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. (f) If the Livingston Police Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. 709.4.1 CATALOGING
All military use equipment kept and maintained by the Livingston Police Department shall be cataloged in a way which addresses each of the following requirements:
(a) The manufacturer's description of the equipment.
(b) The capabilities of the equipment.
(c) The purposes and authorized uses for which the Livingston Police Department proposes to use the equipment.
(d) The expected lifespan of the equipment.
(e) The fiscal impact of the equipment, both initially and for on-going maintenance. (f) The quantity of the equipment, whether maintained or sought. 709.4.2 INVENTORY LIST
The following constitutes a list of qualifying equipment for the Livingston Police Department:

See attachment: LPD MILITARY EQUIPMENT INVENTORY.pdf
709.5 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use Military Equipment that is not included in the Military Equipment Use Policy.

Published with permission by Livingston Police Department ***DRAFT*** Military Equipment - 3 Livingston Police Department
Livingston PD Policy Manual
Military Equipment
If the Police Department acquires, borrows, and/or uses Military Equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
0 0
0 Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

Include the Military Equipment in the Police Department's next annual Military Equipment Report.
709.6 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071 ). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071 ):
(a) Requesting military equipment made available pursuant to 10 USC§ 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment fora purpose, in a manner, orby a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.

Published with permission by Livingston Police Department ***DRAFT"** Military Equipment - 4 Livingston Police Department
Livingston PD Policy Manual
Military Equipment
709.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Published with permission by Livingston Police Department Livingston PD Policy Manual
Attachments
***DRAFr•• Attachments - 6
Attachment
Livingston PD Policy Manual
LPD MILITARY EQUIPMENT INVENTORY.pdf
Copyright Lexipol, LLC 2022/02/17, All Rights Reserved.

Published with permission by Livingston Police Department ***DRAFT"** LPD MILITARY EQUIPMENT
INVENTORY.pd! - 7

LIVINGSTON POLICE

MILITARY EQUIPMENT INVENTORY LIST
Quantity Owned/Sought: 1 owned Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions.

Manufacturer Product Description:

Mavic Air 2: The DJI Mavic Air 2 features omnidirectional Vision Systems without Infrared Sensing. The Mavic Air 2 comes with a fully stabilized 3-axis lens capable of shooting 4k videos and 12 mega pixel photos. DJI signature technologies such as obstacle Sensing and the Advanced Pilot Assistance System, help you capture complex shots effortlessly. Additional features like the built in AirSense make you aware of your surrounding airspace, and password protection helps you maintain secure access to your aircraft and protect your data. The Mavic Air 2 has a maximum flight speed of 44.7 mph and a maximum flight time of 31 minutes.

Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department's mission of protecting lives and property when other means and resources are not available or are less effective.

Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; legally authorized surveillance.

Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $1400 which was funded with the police department's small tools budget. Ongoing cost associated with UAS operation and maintenance is estimated to be approximately $200 per year.

Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot Training.

Other Notes: None.

Quantity Owned/Sought: 1 owned Lifespan: Approximately 15 years Equipment Capabilities: The 37mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber projectiles.

Manufacturer Product Description: Penn Arms 37MM launchers are manufactured using 4140 hardened steel, 6061-TG mil-spec anodized aluminum and DuPont super tough glass filled nylon.

These launchers are light weight, versatile and used worldwide by police and corrections officers. The 37MM launcher family of products is available in single-shot, spring-advance multi, and pumpadvance multi-versions.

Purpose/Authorized Uses: The 37mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option.

Fiscal Impacts: The initial cost of this equipment was approximately $800.00. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Livingston Police Department Policies on Use of Force and Crowd Control.

Training Required: Officers must complete a department certified 37mm course as well as regular training and qualifications as required by law and policy.

Other Notes: None.

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Approval of Grant Contract with California Department of Parks and Recreation
March 15, 2022
Jacquie Benoit - Recreation Superintendent
Vanessa Portillo, City Manager

RECOMMENDATION
Approve a resolution authorizing the City Manager to sign a Grant Contract with the State Department of Parks and Recreation, which will provide $7,390,119 of funding for the new Livingston Rec-Plex and authorize the City Manager/Finance Director to make appropriate adjustments to the budget.

BACKGROUND
Proposition 68 ("Prop 68"), the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018, was approved by voters in June 2018. The purpose of Prop 68 funds include creating parks, enhancing river parkways, and protecting coastal forests and wetlands.

On December 8, 2021, the California State Parks announced $548.3 million in grant funding to deliver new parks to more than 100 communities and advance the Governor's "Outdoors for All" initiative to enable all Californians, regardless of zip code or income, to access parks and open space.

DISCUSSION
At the City Council meeting of December 15, 2020, approval was given to staff to apply for funding provided by Prop 68.

The announcement on December 8, 2021 awarded $7,390,119 to the City of Livingston for the new Livingston Rec-lj>lex. The grant will provide approximately $1.9 million in funding for the acquisition of a 2.05-acre parcel; $1.3 million for design and coordination of the project (softcosts); and $4.1 million to construct a recreation center by converting a 25,000 square foot warehouse into two indoor/outdoor multi-use courts with retractable doors, music/art studio, stage, large playground, ninja gym and exercise area with fixed stations, walking path with mile markers, small splash pad, three picnic areas, a public art piece, concession/restroom building, two parking lots, and landscaping and lighting throughout.

Direction has been provided to staff to complete the land purchase in accordance to the grant scope (Attachment 5). In addition to this action, approvals will be asked at future meetings for project management services to coordinate the construction of the facility. The grant award will cover all costs associated with the facility construction and project management. 1 STAFF REPORT

FISCAL IMPACT
It is anticipated that all project costs will be covered by Prop 68 grant funds.

ATTACHMENTS

1. Resolution 2022-

2. Department of Parks and Recreation Grant Contract

3. December 15, 2020, Administrative Report

4. Resolution Number 2020-63

5. Grant Scope/Cost Estimate Form
2 RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING THE

CITY MANAGER TO SIGN THE DEPARTMENT OF PARKS AND RECREATION GRANT

CONTRACT
WHEREAS, the State Department of Parks and Recreation has awarded a grant in the amount of $7,390,119 to the City of Livingston for the construction of a Recreation Center (Rec-Plex); and WHEREAS, the City of Livingston will enter into a contract with the State of California to complete the Grant Scope project; and
WHEREAS, the grant will fund the land acquisition, project management, and construction phases of the project; and
WHEREAS, the land purchase price of $1,910,000 will be paid by the grant and in accordance to the grant guidelines; and
WHEREAS, the City Manager/Finance Director will make the appropriate budget adjustments as needed; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVINGSTON, THAT:

1. The above recitals are true and correct.

2. The City Manager of the City of Livingston is authorized to execute the agreement and any and all documents necessary to effectuate the work on behalf of the City.

3. This resolution is effective immediately upon adoption.

Passed and adopted this 15th day of March, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
GRANTEE City of Livingston
State of California~ Natural Resources Agency
Department of Parks and Recreation

GRANT CONTRACT
2018 Parks Bond Act
Statewide Park Development and Community Revitalization GRANT PERFORMANCE PERIOD is from July 01, 2020 through June 30, 2025 CONTRACT PERFORMANCE PERIOD is from ___ July :.._ 01, ___ 2020 through _c;_ June __________________ 30, 2050 _ PROJECT TITLE LIVINGSTON REC-PLEX PROJECT NUMBER SW-24-004 The GRANTEE agrees to the terms and conditions of this contract, and the State of California, acting through its Director of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the Development PROJECT SCOPE/ Cost Estimate Form or Acquisition documentation for the Application(s) filed with the State of California.

The General and Special Provisions attached are made a part of and incorporated into the Contract.

Total State Grant not to exceed $7,390,119.00

STATE OF CALIFORNIA
City of Livingston DEPARTMENT OF PARKS AND RECREATION
Grantee
By By
____ T_yp_e_d_o_r_p,-in-te_d_n_a_m_e _of~A-u-th-or-iz_e_d -R-ep-re-,-.n-1-at-ive ___ _ Typed or printed name of Authorized Representative Signature of Authorized Representative Signature of Authorized Representative Address _________________ _
Title City Manager
Date

CONTRACT NO I AMENDMENT NO
C9803036

AMOUNT ENCUMBERED BY THIS DOCUMENT
$7,390,119.00

PRIOR AMOUNT ENCUMBERED FOR THIS

CONTRACT

TOTAL AMOUNT ENCUMBERED TO DA TE
$ $7,390,119.00
Title
Date

CERT/FICA TION OF FUNDING
(For State Use Only)
FISCAL SUPPLIER I.D.
0000039847
FUND.

Drought, Water, Gin Air, Cstl Prate, Outdoor Fund
ITEM ! CHAPTER
3790-101-6088 6
Reporting Structured. IAccount/Alt Account. I ACTIVITY CODE 37900091 5432000-5432000000 69807
I PROJECT NO.

SW-24-004

I STATUTE
20 I FISCAL YEAR
2021/22
I

PROJECT/ WORK PHASE
3790000SW24004
I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Livingston (hereinafter referred to as "GRANTEE").

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed $7,390,119 • subject to the terms and conditions of this CONTRACT and the 2020/21 California State Budget, Chapter 6, statutes of 2020, Item number - 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as "2018 Parks Bond Act, Statewide Park Development and Community Revitalization GRANT"). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from July 01, 2020 to June 30, 2025 II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation.

4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term "GUIDE" means (1) the document identified as the "Grant Administration Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Competitive Grant Programs Capital 1 Improvement Projects" and (2) The Application Guide that established the competitive procedures and policies for the selection of projects.

B. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

To maintain the integrity of the competitive grant program, the GRANTEE agrees that any other project changes or alterations which deviate from the intent of the project selection criteria provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).

C. Project Guide

1. GRANTEE agrees to abide by the GUIDES.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration
2 1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with ST ATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees. 3 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.

G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.

Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
4 H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later.

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT.

Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the 5 purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT.

5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 1 O days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.

K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S interest 6 against poor workmanship, fraud, or other potential loss associated with completion of the grant project.

M. Assignability
Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, ·pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

0. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not.be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.

City of Livingston

GRANTEE
By:. ______________ _
Signature of Authorized Representative
Title: ______________ _
Date: ______________ _

STATE OF CALIFORNIA
7 DEPARTMENT OF PARKS AND RECREATION
By:

Signature of Authorized Representative
Title: --------------
Date: --------------
8 STAFF REPORT
AGENDA ITEM: Resolution Approving the Application for Statewide Park Development and Community Revitalization Program Grant Funds
MEETING DATE: December 15, 2020
PREPARED BY: Jacquelyn Benoit, Recreation Superintendent REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the council adopt resolution 2020-__ approving staff to apply for funding of the new Livingston Rec-Plex through prop 68 of the Statewide Park Development and Community Revitalization Grant Program.

BACKGROUND:

Since Febrnary of 2019, staff has been working with Public Health Advocates and KDI to collect information and write a grant for the Statewide Park Development and Community Revitalization Grant Program. Staff and the community have come together for five (5) different engagements to identify, develop, and layout a project that will qualify and be competitive. At the June 18, 2019 council meeting, a presentation was given explaining the process, showing the council the project, and was addressed by many residents as a much-needed project. We were not granted the round 3 pick and are reapplying for round 4. We are encouraged that we have a great project and are denial was given that there were greater needs than ours. Since the greater needs have been fulfilled in round 3, we are hopeful for round 4 acceptance.

DISCUSSION:

By approving this resolution, the Council understands the following:

I. Certifies that said the city has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project.

2. Certifies that if the project is awarded, the city has or will have sufficient funds to operate and maintain the project.

3. Cettifies that the city has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide.

4. Delegates the authority to the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope.

5. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations and guidelines.

6. Will consider promoting inclusion per Public Resources Code§ 80001 (b)(8 A-G).

I
FISCAL IMPACT:

The associated fiscal impact with this item is $1,000 for the grant submittal costs. General Fund resources will be used to cover this item.

ATTACHMENTS:

Resolution
2 RESOLUTION NO. 2020-63

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND

COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the admin istration of the Statewide Park Development and Community Revitalization Grant Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and
WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope project;
NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby: APPROVES THE FILING OF AN APPLICATION FOR The Livingston Rec-Plex; AND I. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds lo complete the project; and

2. Certifies that if the project is awarded. the Applicant has or wi ll have sufficient funds to operate and maintain the project, and

3. Certifies that the Applicant has reviewed. understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and

5. Agrees to comply with all applicable federa l, state, and local laws, ordinances, rules, regulations, and guidelines.

6. Will consider promoting inclusion per Public Resources Code §8000 I (b)(8 J\-G).

Passed and adopted this 15th day of December. 2020 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor Samra and Council Members Baptista-Soto, Kang, and Garcia None
Council Member Aguilar
None
1 of the City of Livingston
ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regu lar Meeting of City Council of the City of Livingston this I 511' clay of December, 2020 An
of the City of Livingston
2 GRANT SCOPE/ COST ESTIMATE FORM
Follow the directions starting on page Error! Bookmark not defined.

GRANT SCOPE ITEMS
ACQUISITIONS: List each parcel number, acreage, estimated date of purchase, and cost
DEVELOPMENT: List each RECREATION FEATURE and MAJOR

SUPPORT AMENITY ESTIMATED COST
Acquire 3 parcels: Parcel APN 024-153-011 (. 79 acres), $1,910,000 Parcel APN 024-153-003 (.26 acres) and Parcel APN 024-
154-005 (1 acre) for a total of 2.05 acres with a purchase date of August 2021
Construct new landscaping throughout park $327,220
Construct concrete walking paths throughout park $52,190 Construct new lighting throughout park $82,620
Construct 1 new parking lot $50,902
Renovate 1 existing parking lot $39,994
Construct 1 set of new exercise equipment (no. of machines $39,038 will be dependent on local costs and availability)
Construct 1 new playground $242,976
Construct 1 new splash pad $120,383
Construct 8 mile markers throughout park $2,990
Construct 1 new concessions and restroom building $258,767 Construct 2 new indoor/outdoor multi-use courts $2,307,861 Construct 3 new picnic areas $20,332
Renovate existing building into recreation center $591,062 Total Estimated Cost for the RECREATION FEATURES and $6,046,335

MAJOR SUPPORT AMENITIES (A)
Total Estimated PRE- CONSTRUCTION COST (B) $1 ,289,593
TOTAL PROJECT COST (A+B) $7,335,928
Requested GRA NT Amount $7,335,928
Estimated amount of the GRANT to be charged to PRECONSTRUCTION COSTS (cannot exceed 25% of the GRANT) $1,289,593
The APPLICANT understands that this form will be used to establish the expected GRANT deliverables; all of the RECREATION FEATURES and MAJOR SUPPORT AMENITIES listed on this form must be completed and open to the public before the final GRANT payment will be made. The APPLICANT also understands that no more than 25% of the GRANT amount may be spent on PRE-CONSTRUCTION costs. See the ELIGIBLE COSTS charts starting on page Error! Bookmark not defined. before creating a cost estimate.

AUTHORIZED REPRESENTATIVE Signature Date

Livingston City CouncilMarch 15, 2022

Livingston City Council
March 15, 2022