1 CITY COUNCIL REGULAR MEETING AGENDA
JULY 5, 2022
7:00 P.M.
NOTICE: IN ORDER TO MINIMIZE THE SPREAD OF THE COVID-19 VIRUS, THIS MEETING WILL BE CONDUCTED PURSUANT TO GOVERNMENT CODE SECTION 52953(e) AND CITY OF LIVINGSTON CITY COUNCIL RESOLUTION NO. 2021-71.
WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.
ADDITIONALLY, THE MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg
PERSONS WHO ATTEND THE MEETING ARE ASKED TO FOLLOW THE CURRENT STATE OF CALIFORNIA PUBLIC HEALTH GUIDANCE.
(Some Councilmembers may be participating in the meeting remotely via teleconferencing consistent with the Government Code Section 52953(e) and City of Livingston City Council Resolution No. 2021-71.) Notice is hereby given that the City Council will hold a Regular Meeting on July 5, 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 the day of the City Council meeting. You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include:
PUBLIC COMMENT in the subject for the email.
2 REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2022-42
Next Ordinance No.: 650
Pledge of Allegiance.
Moment of Silence – First Responders and Military Members.
Roll Call.
Closed Session Announcements.
Changes to the Agenda.
CITIZEN COMMENTS
MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL WILL BE GIVEN THE SAME TIME ALLOTMENT FOR COMMENTS (3 MINUTES) AS NORMALLY ALLOWED FOR MEETINGS SUBJECT TO THE PROVISIONS OF EXECUTIVE ORDER N-08-21
This section of the agenda allows members of the public to address the City Council on any item NOT otherwise on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening. For items which are on the agenda this evening members of the public will be provided an opportunity to address the City Council as each item is brought up for discussion.
AWARD, PRESENTATIONS, PROCLAMATIONS
1. Presentation by Mayor Aguilar: Recognition of Brigadier General Taft O. Aujero, Assistant Adjutant General for the California Air National Guard.
2. Presentation by Mayor Aguilar and Brigadier General Taft O. Aujero: Recognition of Elias Maldonado, Master Sergeant with the US Air Force- Air National Guard
3. Presentation by Mayor Aguilar and Brigadier General Taft O. Aujero: Recognition of Ramon Lopez, Chief Master Sergeant with the US Air Force- Air National Guard
ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.
City Manager Announcements and Reports.
City Council Members’ Announcements and Reports.
Mayor’s Announcements and Reports.
3 CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by the City Manager or City Council Member. There will be no separate discussion of these items unless members of the City Council or City Manager request that specific items be removed.
4. 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.
5. 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.
6. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated June 24, 2022
7. RATIFY EXPENDITURES FOR EMERGENCY SEWER REPAIRS
Resolution Authorizing the Ratification of Payment for Emergency Sewer Repairs
8. ESTABLISH THE CITY’S POLICY FOR A TIE VOTE WHEN TWO (2) OR MORE
CANDIDATES RECEIVE AN EQUAL NUMBER OF VOTES
Resolution Establishing the Policy of Resolving a Tie Vote by Lot when Two or More Candidates Receive an Equal and Highest Number of Votes
DISCUSSION AND POTENTIAL ACTION ITEMS
9. Discussion and Direction on Allocating the 4th of July Funds to the Centennial Celebration.
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
CLOSED SESSION
10. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Initial 6 Month Review)
Title: City Attorney
Pursuant to Government Code Section 54957
ADJOURNMENT
RESOLUTION NO. 2021-71
A RESOLUTION OF THE CITY OF LIVINGSTON CITY COUNCIL
PROCLAIMING A LOCAL EMERGENCY AND AUTHORIZING REMOTE
TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY
OF LIVINGSTON PURSUANT TO BROWN ACT PROVISIONS
WHEREAS, the City Council of the City of Livingston (the "City') is committed to preserving public access and participation in meetings of the City Council; and WHEREAS, all meetings of the City's legislative bodies are open and public, as required by the Ralph M. Brown Act (Gov. Code, §§ 54950 - 54963), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and
WHEREAS, Government Code section 54953, subdivision (e), provides provisions for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953, subdivision (b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition is that a state of emergency is declared by the Governor, pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City's boundaries, caused by natural, technological, or humancaused disasters; and WHEREAS, it is further required that slate 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 (CWI081SS.1)
without compliance with Government Code section 54953, subdivision (b)(3), as authorized by Section 54953, subdivision (e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Section 54953, subdivision (e)(2); and
WHEREAS, pursuant to Government Code section 54953, subdivision (e)(3), in order to continue to teleconference without compliance with Government Code section 54953, subdivision (b)(3), the City Council shall, not 30 days after teleconferencing for the first time pursuant to this Resolution, and every 30 days thereafter, make the following findings by majority vote: The legislative body has reconsidered the circumstances of the state of emergency and any of the following conditions exist: (1) The state of emergency continues to directly impact the ability of the members to meet safely in person or (2) state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City reserves the option to hold in-person meetings, consistent with local health officer directives, or to continue a practice of remote meetings that still allow multiple options for public participation.
NOW, THEREFORE, THE CITY OF COUNCIL OF THE CITY OF LIVINGSTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Proclamation of Local Emergency. The City Council hereby proclaims that a local emergency exists throughout the City, and that the legislative body meeting in person could present imminent risks to the health and safety of attendees due to the prevalence of COVID-19 in Merced County and the state, such that the City reserves the right to continue virtual meetings or conduct in-person meetings, consistent with local health guidance or duly issued orders.
Section 3. Remote Teleconference Meetings. The legislative body and its General Manager and designees of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953, subdivision (e), and other applicable provisions of the Brown Act.
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) October 30, 2021, or (ii) such time the City Council of Directors makes a subsequent finding by majority vote in accordance with Government Code section 54953, subdivision (e)(3), to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
Passed and adopted this 5th day of October, 2021, by the following vote:
{CWI0815S.l}
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor Aguilar and Council Members Baptista-Soto, Kang, and Garcia None
None
Council Member Moran
1lar Jr., Mayor
e City of Livingston
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 5th day of October, 2021 .
(CW I 08 155. I)
/.J;--&~ Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
STAFF REPORT
1 AGENDA ITEM: Warrant Register June 24, 2022
MEETING DATE: July 5, 2022
PREPARED BY: Nancy Fuentes, Accounting Technician
REVIEWED BY: Vanessa Portillo, City Manager
RECOMMENDATION:
Ratify the warrant register dated June 24, 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:
June 8, 2022- June 25, 2022
GENERAL WARRANTS……………………..$ 387,338.65 6927-7068
PAYROLL/WIRE WARRANTS……….……..$ 194,316.53 2141-2168
TOTAL WARRANTS…………………………$ 581,655.18
ATTACHMENTS:
Warrant Register (summarized by date and check number)
81 ; I,
Accounts Payable
User:
Printed:
nfuentes
6/28/2022 10:26 AM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
6927 833 Juan Aguilar Jr. 06/16/2022 3,141.38
6928 982 Raul Garcia 06/16/2022 3,241.38
Total for 6/16/2022: 6,382.76
6929 289 Able Ribbon Technology, INC. 06/17/2022 1,883.85 6930 251 ABS Direct, Inc. 06/17/2022 1,484.31
6931 747 All Star Elite Sports 06/17/2022 3,242.52
6932 396 American Fidelity Assurance 06/17/2022 10,318.72 6933 397 American Fidelity Assurance Company 06/17/2022 422.90 6934 472 Aqua-Metric Sales Company 06/17/2022 4,015.88
6935 253 AT&T 06/17/2022 332.76
6936 282 AT&T Mobility 06/17/2022 1,121.80
6937 517 Boutin Jones, Inc 06/17/2022 1,443.00
6938 193 BSK Associates 06/17/2022 1,868.00
6939 682 Card Integrators Corporation 06/17/2022 210.00 6940 UB*01997 CECIL MITCHELL EQUITIES 06/17/2022 211.64 6941 272 Charter Communications 06/17/2022 202.61
6942 291 City of Livingston c/o L &L District Irrigation06/17/2022 11,203.14 6943 894 City of Modesto 06/17/2022 250.00
6944 959 Community Veterinary Clinic 06/17/2022 69.00
6945 960 Jennifer Cuatrado 06/17/2022 106.25
6946 787 Custom Weed Control Inc. 06/17/2022 400.00
6947 293 Department of Justice Accounting Office 06/17/2022 782.00 6948 549 Vanessa Belen Echevarria 06/17/2022 310.87
6949 816 Elite Uniforms 06/17/2022 124.46
6950 455 Ernest Packaging Solutions 06/17/2022 1,331.67 6951 UB*01996 LUZ ESPINO 06/17/2022 200.00
6952 163 EZ Auto Supply 06/17/2022 33.98
6953 604 Fastenal Company 06/17/2022 1,325.56
6954 641 Ferguson Enterprises LCC #686 06/17/2022 526.25 6955 961 Ana Flores-Lazano 06/17/2022 150.00
6956 188 Frontier 06/17/2022 389.05
6957 387 Frontier Communications Corp Frontier Comm of Global Valley 06/17/2022 151.32 6958 977 Ruben Garcia 06/17/2022 350.00
6959 164 Garza Tire & Wheel, Inc 06/17/2022 89.99
6960 262 Gilton Solid Waste 06/17/2022 93,995.89
6961 963 Hanson Bridgett LLP 06/17/2022 241.50
6962 962 Lucy Hinojosa 06/17/2022 150.00
6963 501 Hunt & Sons, Inc. 06/17/2022 5,709.17
6964 878 Laura Hurtado 06/17/2022 150.00
6965 388 Interstate Battery System of Fresno 06/17/2022 504.53 6966 165 J L Analytical Services, Inc. 06/17/2022 69.50 6967 464 Johnson Controls Fire Protection LP 06/17/2022 4,715.66 6968 318 La Rue Communications 06/17/2022 1,941.00
6969 268 Language Line Services, Inc. 06/17/2022 52.64
6970 964 Jorge Lara 06/17/2022 200.00
AP Checks by Date - Summary by Check Date (6/28/2022 10:26 AM) Page 1 (irty o,f Uving1sto1n
1416 C Stroot
Livingston, CA 95334
Check No Vendor No Vendor Name Check Date Check Amount
6971 965 Maverick Data Systems 06/17/2022 100.68
6972 966 Marilu Medrano 06/17/2022 200.00
6973 967 Antonio Mendoza 06/17/2022 150.00
6974 UB*01995 LUPE MERCADO 06/17/2022 82.52
6975 497 Merced County Sheriff 06/17/2022 13,855.68
6976 202 Maria Meza 06/17/2022 150.00
6977 389 Mid Valley IT 06/17/2022 75.00
6978 797 Midland Tractor Company 06/17/2022 211.95
6979 968 Melissa Millan 06/17/2022 150.00
6980 180 Mission Linen Service 06/17/2022 327.59
6981 194 Modesto Welding Products 06/17/2022 21.00
6982 507 Muniquip,LLC 06/17/2022 912.26
6983 199 Northstar Chemical 06/17/2022 1,637.87
6984 302 Office Depot, Inc. 06/17/2022 613.43
6985 437 Operating Engineers Local 3 06/17/2022 288.00
6986 438 Operating Engineers Local 3 06/17/2022 536.00
6987 203 PG&E 06/17/2022 7.15
6988 305 Platt 06/17/2022 55.09
6989 969 Andy Ponce 06/17/2022 190.00
6990 405 Premier Access Insurance Company 06/17/2022 1,271.20 6991 554 Alvaro Ramirez 06/17/2022 64.00
6992 392 Randik Paper 06/17/2022 1,411.67
6993 849 Ray Morgan Company 06/17/2022 116.23
6994 976 Lola Roth 06/17/2022 150.00
6995 208 Saenz Pest Control, Inc. 06/17/2022 127.00
6996 561 Safe-T-Lite of Modesto, Inc. 06/17/2022 1,888.03 6997 499 Safety-Kleen Systems, Inc. 06/17/2022 2,357.14 6998 782 Vanessa Salazar 06/17/2022 150.00
6999 407 San Joaquin Valley Air Pollution Control District. 06/17/2022 867.00 7000 971 Miriam Sanchez 06/17/2022 150.00
7001 970 Mayra Santos 06/17/2022 110.00
7002 739 Self- Help Enterprises 06/17/2022 11,142.44
7003 307 Shred-It, C/O Stericycle, Inc. 06/17/2022 549.68 7004 598 Standard Insurance Company RB 06/17/2022 2,233.38 7005 393 State of California 06/17/2022 635.83
7006 526 State Water Resources Control Board 06/17/2022 70.00 7007 972 Lisette Tafolla 06/17/2022 150.00
7008 440 Target Specialty Products 06/17/2022 3,043.52
7009 311 TBA Auto Parts 06/17/2022 365.96
7010 975 The Sign Works 06/17/2022 4,525.50
7011 973 Ramiro Torres 06/17/2022 200.00
7012 940 Richard Torres Pulido 06/17/2022 800.00
7013 284 Trans Union LLC 06/17/2022 25.93
7014 UB*01994 MARIA VEGA 06/17/2022 146.87
7015 367 Verizon Wireless 06/17/2022 1,562.58
7016 974 April Wuensche 06/17/2022 150.00
Total for 6/17/2022: 206,109.60
7017 251 ABS Direct, Inc. 06/24/2022 173.88
7018 395 Administrative Solution, Inc. 06/24/2022 62.50 7019 434 AFSCME District Council 57 06/24/2022 680.12
7020 397 American Fidelity Assurance Company 06/24/2022 422.90 7021 736 ARA, Inc. 06/24/2022 2,313.60
7022 282 AT&T Mobility 06/24/2022 573.39
7023 193 BSK Associates 06/24/2022 628.00
7024 978 Alberto Bugarin 06/24/2022 423.00
AP Checks by Date - Summary by Check Date (6/28/2022 10:26 AM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
7025 272 Charter Communications 06/24/2022 109.98
7026 945 Maribel Chavez 06/24/2022 150.00
7027 914 Cintas Corporation No. 2 06/24/2022 82.80
7028 283 CoreLogic Solutions, LLC 06/24/2022 200.00
7029 491 Dutchman Drains & Plumbing Inc. 06/24/2022 325.00 7030 163 EZ Auto Supply 06/24/2022 7.74
7031 188 Frontier 06/24/2022 101.07
7032 262 Gilton Solid Waste 06/24/2022 1,649.40
7033 979 Brenda Guillen 06/24/2022 150.00
7034 359 Hinderliter, de Llamas & Associates 06/24/2022 1,027.36 7035 482 Hi-Tech EVS, Inc, 06/24/2022 1,671.90
7036 267 Hoffman Security 06/24/2022 189.95
7037 501 Hunt & Sons, Inc. 06/24/2022 1,536.89
7038 296 Image Source 06/24/2022 652.54
7039 829 Jared Steeley Water & Wastewater Management 06/24/2022 3,960.00 7040 461 LEAF 06/24/2022 741.59
7041 615 McClatchy Company LLC 06/24/2022 1,436.78
7042 980 Clint McFadden 06/24/2022 800.00
7043 415 Merced Irrigation District 06/24/2022 341.30
7044 576 Mid Cal Pipeline & Utilities, Inc. 06/24/2022 68,264.15 7045 389 Mid Valley IT 06/24/2022 479.96
7046 180 Mission Linen Service 06/24/2022 100.34
7047 199 Northstar Chemical 06/24/2022 2,515.29
7048 302 Office Depot, Inc. 06/24/2022 274.16
7049 205 Paramount Pest Services 06/24/2022 214.00
7050 981 Omar Pina 06/24/2022 150.00
7051 405 Premier Access Insurance Company 06/24/2022 2,066.00 7052 948 Pump Pros Inc. 06/24/2022 4,891.90
7053 430 Quadient Finance USA, Inc. 06/24/2022 480.36
7054 433 Razzari Ford 06/24/2022 124.70
7055 561 Safe-T-Lite of Modesto, Inc. 06/24/2022 1,888.03 7056 589 Shannon Pump Co. 06/24/2022 608.00
7057 307 Shred-It, C/O Stericycle, Inc. 06/24/2022 452.44 7058 323 Springbrook Holding company LLC 06/24/2022 1,497.00 7059 692 Tesco Controls, Inc. 06/24/2022 1,442.80
7060 564 Texas Life Insurance 06/24/2022 121.06
7061 940 Richard Torres Pulido 06/24/2022 400.00
7062 284 Trans Union LLC 06/24/2022 162.00
7063 793 Juan Valencia 06/24/2022 150.00
7064 608 Vision Service Plan- CA 06/24/2022 1,757.92
7065 753 Warden's 06/24/2022 216.88
7066 287 West Coast Code Consultants, Inc. 06/24/2022 22,620.11 7067 765 White Brenner LLP 06/24/2022 43,212.50
7068 597 Work Wellness 06/24/2022 345.00
Total for 6/24/2022: 174,846.29
Report Total (142 checks): 387,338.65
AP Checks by Date - Summary by Check Date (6/28/2022 10:26 AM) Page 3
STAFF REPORT
1 AGENDA ITEM: Council Authorize the Ratification of Expenditures for Emergency Sewer Repairs
MEETING DATE: July 5, 2022
PREPARED BY: Jennifer Riedeman, Finance Director
REVIEWED BY: Vanessa Portillo, City Manager
RECOMMENDED COUNCIL ACTION:
Staff recommends that City Council adopt a resolution to authorize the Ratification of Expenditures for Emergency Sewer Repairs that were performed by Conco-West, Inc. from May 16, 2022 through June 6, 2022, at the Wastewater Treatment Plant located at 7160 Gallo Road.
BACKGROUND:
Per Municipal Code Section 1-11-5: Formal Contract Procedures: All purchases in excess of ten thousand dollars ($10,000.00) are subject to formal sealed bid procedures and must be publicly advertised; and,
Per Municipal Code Section 1-11-6: Waiver of Formal Bid Procedures: Formal bid procedures of items over ten thousand dollars ($10,000.00) can only be waived if the purchase:
(A) Is of urgent necessity for the preservation of life, health, or property. (B) Is waived by council resolution passed by at least four (4) affirmative votes. (C) Is available from only one source. Sole source procurement must be adequately justified (Ord. 331,5-19-1987)
DISCUSSION:
On May 16, 2022, the Wastewater Treatment Plant experienced a leak due to one of the 8” check valves in the head works being damaged and required the services of Conco-West, Inc. to perform emergency sewer repairs to the line, including bypassing the plugged pump, pumping the manhole, excavating, removing and replacing the broken sewer pipe, and assisting cleaning up the leaked sewage.
The repairs required Conco-West, Inc. to rent equipment, purchase materials, and hire subcontractors in order to complete the emergency repair. For example, the broken pipe was located next to a duct bank and required Conco-West, Inc. to bring National Trench Safety onsite to advise on the proper shoring for the excavation to take place.
Conco-West, Inc. submitted an invoice in the amount of $80,444.58 for the cost of the emergency repairs.
FISCAL IMPACT:
Ratifying the expenditure for emergency sewer repairs will reduce the estimated ending balance in the FY 21/22 budget for Fund 2101 – Wastewater Operations by $80,444.58, leaving an estimated balance at 6/30/22 of $1,545,692.42.
STAFF REPORT
2 ATTACHMENTS:
1. Resolution Authorizing the Ratification of Expenditures for Emergency Sewer Repairs in the amount of $80,444.58.
2. Conco-West, Inc. Invoice.
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
AUTHORIZING THE RATIFICATION OF PAYMENT FOR EMERGENCY SEWER
REPAIRS
WHEREAS, the City Council approved the Fiscal Year 2021/22 annual budget; and WHEREAS, a sewer leak occurred on May 16, 2022; and
WHEREAS, the Public Works Department contacted Conco-West, Inc. to provide the emergency repairs as needed; and
WHEREAS, a ratification of the expenditure for the invoice from Conco-West, Inc. in the amount of $80,444.58 for emergency repair services provided from May 16, 2022 through June 6, 2022 is requested; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston hereby approves the ratification of the expenditure for the emergency sewer repairs and authorizes the Finance Department to make the necessary budgetary adjustments.
Passed and adopted this 5th day of July, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________
Juan Aguilar Jr., Mayor
of the City of Livingston
ATTEST:
I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 5th day of July, 2022.
____________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
PER THE ATTACHED BILLING SUMMARY
80,444.58
80,444.58
80,444.58
Invoice 1741
CONCO-WEST, INC
P.O. BOX 1360
MANTECA, CA 95336
209 239-2110
Remarks: WORK PERFORMED 5/16/22 TO 6/6/22
Quantity Description U/M Extension
Total:
Current Due:
Print Date: 06/15/22 Page: 1
Bill to: Job: 22175
Payment Terms: NET 30 DAYS
Customer Code: LIVI00
Customer P.O. #: EMERGENCY WORK
Salesperson:
CITY OF LIVINGSTON
1416 C STREET
LIVINGSTON, CA 95334
EMER. SEWER REPAIR @ WWTP
7160 GALLO ROAD
LIVINGSTON, CA
Unit Price
Invoice #: 1741 Date: 06/15/22 I l I
{CW114532.3}
STAFF REPORT
AGENDA ITEM: Adopt Resolution Establishing the City’s Policy For a Tie Vote When Two (2) or More Candidates Receive an Equal Number of Votes.
MEETING DATE: July 5, 2022
PREPARED BY: Tom Hallinan, City Attorney
Monica Cisneros, Deputy City Clerk
REVIEWED BY: Vanessa Portillo, City Manager
RECOMMENDATION:
Adopt Resolution No. _______, establishing a “by lot” policy for City office elections that result in a tie.
BACKGROUND:
On May 22, 2022, the City Council adopted its notice of election resolution for the November 8, 2022 general election. The November 8, 2022 general election will include candidates for mayor and two (2) members of the City Council.
The notice of election resolution must contain a number of requirements, such as ordering and giving notice of the election, consolidating the City’s municipal elections with the statewide general election, providing instructions for candidate statements, and requesting that the county elections department conduct the election on behalf of the City. After receiving the resolution from the City, the county notified the City that its notice of election resolution was missing one (1) required element: the procedure by which the City will determine a winner in the event of a tie vote. This resolution will establish the City’s policy for determining the outcome of City office elections that result in a tie.
DISCUSSION:
Section 15651 of the Elections Code provides cities with two (2) alternatives for determining the outcome of a tie vote in a municipal election:
1. The City may settle a tie vote “by lot.” “By lot” means that the tie-break would be determined by a luck of the draw procedure (for example, a coin toss or drawing names out of a hat).
2. The City may also choose to conduct a special runoff election after the general election.
The special election would involve additional cost to the City.
City Staff recommends adopting a tie-break policy of “by lot” to be determined by a coin toss.
The chances of a tie vote in an election are extremely low, and a special runoff election would be an additional cost to the City. Upon a determination that candidates received an equal 2665722.1 {CW114532.3} 2
number of votes, those candidates would come before City Council for a coin toss to determine the result of the election.
FISCAL IMPACT:
A tie-vote procedure by lot would not involve any additional cost to the City.
A special runoff election would be approximately $68,000, paid for from the City’s general fund.
The City has approximately 6,085 registered voters, and the county elections department has provided an estimate of approximately $11.13 per voter. This would result in a special runoff election cost of approximately $68,000 (6,085 voters x $11.13 per voter).
ATTACHMENTS:
1. Resolution No. 2022-___
{CW114539.3} Page 1 of 2
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
ESTABLISHING THE POLICY OF RESOLVING A TIE VOTE BY LOT WHEN TWO OR
MORE CANDIDATES RECEIVE AN EQUAL AND HIGHEST NUMBER OF VOTES WHEREAS, Section 15651 of the Elections Code authorizes the legislative body of a city to adopt provisions for resolving a tie vote "by lot" or by special runoff election when two (2) or more candidates receive an equal and highest number of votes for elected city office; and
WHEREAS, due to the low probability of a tie vote and the additional cost of conducting a special runoff election, the City Council finds it is in the best interest of the City of Livingston (“City”) to determine tie votes "by lot" instead of by special runoff election; and WHEREAS, this Resolution supersedes any other City resolution governing the procedure for determining the outcome of a tie vote in a City office election.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston does hereby resolve, declare, determine and order as follows:
Section 1: In the event that any two (2) or more candidates receive an equal and the highest number of votes for a City office, the winner shall be determined “by lot” in accordance with the provisions of Section 15651 of the Elections Code. Upon the determination of a tie vote, the City Clerk shall immediately notify those candidates receiving the equal number of votes to appear before the City Council. The City Council shall determine the winner by coin toss method, with the coin toss to be conducted by the City Clerk or his or her designee.
Section 2: This resolution shall constitute the City’s policy for determining the outcome of tie votes for City office elections, and shall continue to apply for all future elections unless the City Council adopts the provisions of Elections Code section 15651, subdivision (b), prior to the conduct of the election resulting in the tie vote.
Section 3: The City Clerk is directed to file a copy of this Resolution with the Merced County Board of Supervisors and to transmit a copy of this Resolution to the Merced County Registrar of Voters.
Section 4: This Resolution shall be effective upon its adoption.
Passed and adopted this 5th day of July, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Juan Aguilar Jr., Mayor
of the City of Livingston
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ATTEST:
I, hereby certify that the foregoing Resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 5th day of July, 2022.
___________________________
Leticia Vasquez-Zurita,
City Clerk, City of Livingston