Agenda packet, regular meeting — Livingston City Council, August 2, 2022

1 CITY COUNCIL REGULAR MEETING AGENDA
AUGUST 2, 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 August 2, 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.: 2022-45
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: Proclamation Recognizing Seventeen Hometown Heroes in the City of Livingston

2. Presentation by Mayor Aguilar: Recognition of Russ Winton

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by the City Manager or City Council Member. There will be no separate discussion of these items unless members of the City Council or City Manager request that specific items be removed. 3 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 July 22, 2022

6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on December 21, 2021

7. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on January 18, 2022

8. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 1, 2022

9. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 9, 2022

10. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 15, 2022

11. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 1, 2022

12. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 15, 2022

13. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 29, 2022

14. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 5, 2022

15. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 19, 2022

16. APPROVE LIVINGSTON YOUTH FOOTBALL ORGANIZATION FEE WAIVER REQUEST Resolution Approving a Facility Fee Waiver Request from the Livingston Youth Football Organization for Use of City Facilities Totaling $1,260

17. AUTHORIZE CITY MANAGER TO FILE A REGIONAL SURFACE TRANSPORTATION EXCHANGE PROGRAM FUND CLAIM FORM FOR FISCAL YEAR 2021/2022 Resolution Authorizing the City Manager to File a Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim Form For Fiscal Year 2021/2022 4 18. INFORMATIONAL PURPOSES ONLY – EMERGENCY SEWER REPAIRS Informational Purposes Only – Emergency Sewer Repairs.

DISCUSSION AND POTENTIAL ACTION ITEMS

19. Accept Contract Termination Letter from Merced County Sheriff’s Office for Interim Chief of Police Services, and Approve the Following: 1. Contract Extension with Merced County Sheriff’s Office for Interim Police Chief Services or 2. Declare a State of Local Emergency Due to Understaffed Police Department

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT
RESOLUTION NO. 2021-71

A RESOLUTION OF THE CITY OF LIVINGSTON CITY COUNCIL

PROCLAIMING A LOCAL EMERGENCY AND AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY

OF LIVINGSTON PURSUANT TO BROWN ACT PROVISIONS
WHEREAS, the City Council of the City of Livingston (the "City") is committed to preserving public access and participation in meetings of the City Council; and WHEREAS, all meetings of the City's legislative bodies are open and public, as required by the Ralph M. Brown Act (Gov. Code, §§ 54950 - 54963), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and
WHEREAS, Government Code section 54953, subdivision (e), provides provisions for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953, subdivision (b){3), subject to the existence of certain conditions; and WHEREAS, a required condition is that a state of emergency is declared by the Governor, pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City's boundaries, caused by natural, technological, or humancaused disasters; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing or the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, on March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and WHEREAS, there has been a significant increase in COVID-19 cases in Merced County due primarily to the Delta variant of SARS-CoV-2, the virus that causes COVID-19. Emerging evidence indicates that the Delta variant is far more transmissible than prior variants of the virus, may cause more severe illness, and can be spread by fully vaccinated individuals; and
WHEREAS, as a consequence of the declared emergency, the City Council does hereby find that the legislative body of the City shall conduct their meetings (CWl081SS.I)
without compliance with Government Code section 54953, subdivision (b)(3), as authorized by Section 54953, subdivision (e), and tl1at 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 conductlng 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:
{CWJ08155.l)
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mayor Aguilar and Council Members Baptista-Soto, Kang, and Garcia None
None
Council Member Moran ...
. ,
o e I y 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 511' day of October, 2021 .
/
Le
.J;;-K---- ticia Vasquez-Zurita, City ~ Clerk
of the City of Livingston
lt'WltJXl 55.I}
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Warrant Register July 22, 2022
August 2, 2022
Nancy Fuentes, Accounting Technician
Vanessa Portillo, City Manager
RECOMMENDATION:

Ratify the warrant register dated July 22, 2022
DISCUSSION:
1ce
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:

July 7, 2022- July 22, 2022
GENERAL WARRANTS .......................... $
PAYROLL/WIRE WARRANTS .................. $
TOTAL WARRANTS ..... ......................... $
ATTACHMENTS:
351,184.47
222,139.45
573,323.92
Warrant Register (summarized by date and check number)
1 7119-7226
2181-2201
Accounts Payable
Checks by Date - Summary by Check Date
User: nfuentes
Printed: 7/26/2022 2:37 PM
Check No Vendor No Vendor Name
7119 289 Able Ribbon Technology, INC.
7120 25 1 ABS Direct, Inc.
7 12 1 992 Ace Trophy Shop
7 122 833 Juan Aguilar Jr.
7 123 76 Peter Alvarez
7 124 736 ARA, Inc.
7 125 994 Alyssa Avina
7 126 454 Backflow Apparatus & Valve Co.
7127 411 Harpreet Bains
7 128 162 Steve Bassi
7129 538 Adanan Bath
7130 193 BSK Associates
7 131 256 California Police Chiefs Association
7132 766 Central Valley Landscape & Tree
7 133 508 City of Livingston (Petty Cash)
7 134 291 City o f Livingston c/o L &L District lrrigati 7135 189 ComTech2 I LLC
7136 283 CoreLogic Solutions, LLC
7137 991 Maria Coria
7138 293 Department of .Justice Accounting Office
7139 292 Donlee Pump Company
7140 641 Ferguson Enterprises LCC #686
7 14 1 48 1 Four Star Body And Frame
7 142 159 Andres Fuentes
7143 262 Gilton Solid Waste
7144 356 Gouveia Engineering, Inc.
7145 844 Harrington Industrial Plastics, LLC
7146 882 Michelle Hildago
7147 267 Hoffman Security
7 148 501 Hunt & Sons, Inc.
7 149 296 Image Source
7150 165 J LAnalytical Services, Inc.
7151 829 Jared Steeley Water & Wastewater Manage1
7152 464 Johnson Controls Fire Protection LP
7 153 461 LEAF
7 154 993 Beatriz Lopez-Espinoza
7 155 734 Selene Marquez
7156 615 McClatchy Company LLC
7 157 269 Merced Pest Control
7 158 595 Metro Uniform Merced
7159 389 Mid Valley IT
7160 180 Mission Linen Service
7161 270 Modern Air Mechanical
7162 194 Modesto Welding Products
7163 998 Montes Business Services, Inc
7164 899 Jose A. Moran
7 165 199 Northstar Chemical
AP Checks by Date· Summary by Check Date (7/26/2022 2:37 PM) Check Date
07/15/2022
07/15/2022
07/ 15/2022
07/ 15/2022
07/ 15/2022
07/15/2022
07/ 15/2022
07/15/2022
07/15/2022
07/ 15/2022
07/ 15/2022
07/ 15/2022
07/ 15/2022
07/ 15/2022
07/15/2022
07/15/2022
07/15/2022
07/ 15/2022
07/15/2022
07/15/2022
07/ 15/2022
07/15/2022
07/ 15/2022
07/15/2022
07/15/2022
07/15/2022
07/ 15/2022
07/15/2022
07/ 15/2022
07/15/2022
07/ 15/2022
07/ 15/2022
07/15/2022
07/15/2022
07/ 15/2022
07/ 15/2022
07/ 15/2022
07/15/2022
07/15/2022
07/ 15/2022
07/ 15/2022
07/ 15/2022
07/ 15/2022
07/15/2022
07/ 15/2022
07/ 15/2022
07/ 15/2022
City of Livingston
1416 C Street
Livingston, CA 95334
Check Amount
405.41
2,234.1 1
134.97
489.90
300.00
1,542.40
150.00
1,593.33

25.00 25.00

25.00 891.00
348.00
5,288.00
110.96
14,663.59

37.63 200.00
150.00
1,876.98
1,552.85
453.69
1,068.91

25.00 95,775.77
40,277.78
1,187.70
150.00

75.00 1,960.99
548.04
242.00
4,210.00
2,674.62
815.75
150.00
150.00
295.30

80.00 1,869.47
377,72
136.94
403.00

21.00 4,800.00
2,416.76
6,580.88
Page I
Check No Vendor No Vendor Name Check Date ChcckAmount
7166 949 Nova Heating and Air Conditioning 07/15/2022 220.00 7167 302 Office Depot, Inc. 07/ 15/2022 196.72
7168 205 Paramount Pest Services 07/1 5/2022 82.00
7169 203 PG&E 07/ 15/2022 497.01
7 170 430 Quadient Finance USA, Inc. 07/ 15/2022 549.33 7171 535 Jason Roth 07/1 5/2022 25.00
7172 56 1 Safe-T-Lite of Modesto, Inc. 07/ 15/2022 6,291.27 7173 997 Patricia Sobervilla 07/15/2022 245.00
7174 323 Springbrook Holding company LLC 07/ 15/2022 1,700.00 7175 308 Sprint 07/ 15/2022 128.84
7176 309 St. Francis Electric 07/15/2022 952.00
7177 284 Trans Union LLC 07/ 15/2022 332.43
7178 422 U.S. Bank Corporate Payment Systems 07/ 15/2022 11 ,178.96 7179 996 United States Treasury 07/15/2022 5.59
7 180 314 Valley Coffee 07/15/2022 58.75
718 1 487 Albert Poukaldani Village Cleaners 07/15/2022 231.26 7182 818 Renee Waite-Mendonca 07/15/2022 25.00
7183 536 Robert Wallis 07/ 15/2022 25.00
7184 287 West Coast Code Consultants, Inc. 07/15/2022 28,579.08 7185 597 Work Wellness 07/ 15/2022 712.00
Total for 7/15/2022: 250,825.69
7186 25 1 ABS Direct, Inc. 07/22/2022 126.3 1
7187 395 Administrative Solution, Inc. 07/22/2022 150.00 7 188 736 ARA, Inc. 07/22/2022 1,214.64
7189 282 AT&T Mobility 07/22/2022 369.98
7190 368 Tony Avina 07/22/2022 70.00
7191 411 Harpreet Bains 07/22/2022 25.00
7192 162 Steve Bassi 07/22/2022 25.00
7193 538 Adanan Bath 07/22/2022 25.00
7194 193 BSK Associates 07/22/2022 538.00
7195 272 Charter Communications 07/22/2022 109.98
7 196 369 Dustin Cunningham 07/22/2022 200.00
7197 787 Custom Weed Control Inc. 07/22/2022 400.00
7198 816 Elite Uniforms 07/22/2022 646.67
7199 163 EZ Auto Supply 07/22/2022 9.57
7200 260 First Communications, LLC 07/22/2022 20.00
7201 188 Frontier 07/22/2022 500.22
7202 387 Frontier Communications Corp Frontier Co 07/22/2022 151.32 7203 159 Andres Fuentes 07/22/2022 225.00
7204 164 Garza Tire & Wheel, Inc 07/22/2022 99.99
7205 520 Interstate Truck Center 07/22/2022 344.65
7206 318 La Rue Communications 07/22/2022 9,7 19.52
7207 UB*Ol998 DAVID ROCHA MENESES 07/22/2022 1,788.58
7208 278 Merced Irrigation District 07/22/2022 61,096.80 7209 389 Mid Valley IT 07/22/2022 9,290.00
72 10 999 Zeferino Millan 07/22/2022 150.00
7211 180 Mission Linen Service 07/22/2022 433.13
72 12 199 Northstar Chemical 07/22/2022 4,653.05
7213 205 Paramount Pest Services 07/22/2022 245.00
72 14 5 14 Quadient Leasing USA, Inc. 07/22/2022 1,906.41 72 15 535 Jason Roth 07/22/2022 25.00
7216 407 San Joaquin Valley Air Pollution Contro l D 07/22/2022 475.00 72 17 408 Sapien Family Trust 07/22/2022 1,000.00
7218 624 Smith Chevrolet Cadillac, Inc. 07/22/2022 300.59 7219 598 Standard Insurance Company RB 07/22/2022 2,233.39 AP Checks by Date - Summary by Check Date (7/26/2022 2:37 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
7220 393 State of California 07/22/2022 635.83
7221 3 13 U.S. Bank Equipment Finance 07/22/2022 449.00 7222 793 Juan Valencia 07/22/2022 200.00
7223 3 14 Valley Coffee 07/22/2022 59.60
7224 608 Vision Service Plan- CA 07/22/2022 396.55
7225 818 Renee Waite-Mendonca 07/22/2022 25.00
7226 536 Robert Wallis 07/22/2022 25.00
Total for 7/22/2022: 100,358.78
Report Total ( 108 checks): 35 1,184.47
AP Checks by Date - Summary by Check Date (7/26/2022 2:37 PM) Page 3

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
DECEMBER 21, 2021
A Regular Meeting of the Livingston City Council was held on December 21, 2021 , in the City Council Chambers with Mayor Aguilar presiding.

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

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

ROLL CALL
l:8J Mayor Juan Aguilar Jr.
l:8J Mayor Pro-Tern Raul Garcia
l:8J Council Member Maria Baptista-Soto
l:8J Council Member Jose A. Moran
l:8J Council Member Gagandeep Kang

CLOSED SESSION ANNOUNCEMENTS
Closed Session Item I - The claim was denied by a vote of 4-0, and they will continue with discussions on closed session Item 7.

CHANGES TO THE AGENDA
None.

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

Page 1 of 7 ends

Citizen Comments:

Attendee ( did not state name)
Katherine Schell Rodriguez
Rodrigo Espinoza
Laurie Johnson
Richard Johnson
Gurpal Samra
Attendee ( did not state name)
Attendee ( did not state name)
Attendee ( did not state name)
Attendee ( did not state name)
Attendee ( did not state name)
Ruth Cordova (via teleconference)
Attendee (did not state name)
Attendee (did not state name)
Attendee ( did not state name)
Katherine Schell Rodriguez
Attendee ( did not state name) (read a letter on Behalf of David Blevins) Attendee ( did not state name)
Dwight Larks
Interim City Manager Portillo, Mayor Aguilar, Council Member Soto, and City Attorney Hallinan responded to public comments.

Mayor Aguilar closed Citizen Comments at 8:26 p.m. as there were no further comments from the public.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
• Public Works Superintendent Avina
• Interim City Manager Portillo
Mayor and Council Members' Announcements and Reports
• Council Member Kang
• Council Member Moran
• Council Member Soto
• Mayor Pro-Tern Garcia
• Mayor Aguilar
Staff responded to Council questions.

Clerk's Notes: The attendees below asked Council Member Soto and Council Member Garcia questions during their reports and announcements.

Public Comments:

Ana Alberto
Leticia Vasquez-Zurita

CONSENT AGENDA

Page 2 ends

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

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

Motion: MIS- Moran/Garcia to approve Items I and 2 of the Consent Agenda. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

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

3. APPROVE CONTRACT WITH CPS HR
Resolution Approving Contract with CPS HR Consulting to Conduct Executive Recruitment Services.

There was a brief discussion between Council and staff regarding the contract with CPS HR Consulting to Conduct Executive Recruitment Services.

Mayor Aguilar opened Public Comments at 8:57 p.m.

Public Comments:

Katherine Schell Rodriguez
Attendee ( did not state name)
Jim Soria
Attendee ( did not state name)
Gabriel Salazar
Attendee ( did not state name)
Attendee ( did not state name)
Interim City Manager Portillo and City Attorney Hallinan responded to public comments.

Mayor Aguilar closed Public Comments at 9: 16 p.m. as there were no further comments from the public.

Motion: MIS - Garcia/Kang to approve Resolution No. 2021-84, Approving Contract with CPS HR Consulting to Conduct Executive Recruitment Services. The motion carried 4-1-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members: Soto, Kang, Garcia, and Aguilar
Council Members: Moran
Council Members: None

4. RATIFY MEMORANDUM OF UNDERSTANDING
Resolution Ratifying Amendments to the Memorandum of Understanding (MOU) between the City of Livingston and the Public Works and Parks Employees Unit.

There was a lengthy discussion between the Council and staff on the Memorandum of Understanding (MOU) between the City of Livingston and the Public Works and Parks Employees Unit.

Page 3 ends

Mayor Aguilar opened Public Comments at 9:25 p.m.

Public Comments:

Mary Mc Watters
Attendee ( did not state name)
Attendee ( did not state name)
Attendee (did not state name)
Attendee ( did not state name)
Attendee ( did not state name)
Attendee ( did not state name)
Attendee (did not state name)
Attendee ( did not state name)
Attendee (did not state name)
Attendee (did not state name)
Attendee ( did not state name)
Interim City Manager Portillo, City Attorney Hallinan, Council Member Kang, Council Member Moran, and Public Works Union Representative Mary Mc Watters responded to questions.

Mayor Aguilar closed Public Comments at 9:56 p.m. as there were no further comments from the public.

Motion: M/S - Garcia/Soto to approve Resolution No. 2021-85, Ratifying Amendments to the Memorandum of Understanding (MOU) between the City of Livingston and the Public Works and Parks Employees Unit. The motion carried 4-1-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members: Soto, Kang, Garcia, and Aguilar
Council Members: Moran
Council Members: None

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

Clerk's Notes: Mayor Aguilar recused himself. He has no financial interest in the item and left the Council of Chambers at 9:59 p.m. before this item was discussed.

Fire Captain Alvis introduced this item.

Acting Mayor Garcia opened Public Comments at I 0:01 p.m.

Public Comments:

Attendee ( did not state name)
Jose Flores
Acting Mayor Garcia closed Public Comments at I 0:03 p.m. as there were no further comments from the public.

Motion: M/S - Garcia/Moran to approve Resolution No. 2021-86, Approving the Declaration of City Property as Surplus and Authorizing its Disposal. The motion carried 4-0-0-1 by the following roll call vote:

Page 4 ends

AYES:

NOES:

Council Members: Soto, Kang, Garcia, and Moran
Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: Aguilar
Clerk's Notes: Mayor Aguilar returned after the action was taken at 10:05 p.m.

DISCUSSION AND POTENTIAL ACTION ITEMS

6. RATIFY CONTRACT FOR INTERIM CHIEF OF POLICE SERVICES Resolution Ratifying the Contract between Merced County and the City of Livingston for Interim Chief of Police Services.

Clerk's Notes: Mayor Pro-Tem Garcia recused himself and left the Council of Chambers at 10:06 p.m. before this item was discussed.

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

There was a lengthy discussion between the Council and staff regarding the contract between Merced County and the City of Livingston for Interim Chief of Police Services.

Mayor Agular opened Public Comments at 10: 14 p.m.

Public Comments:

Katherine Schell Rodriguez
Jim Soria
Attendee ( did not state name)
Attendee ( did not state name)
Attendee ( did not state name)
Ruth Cardova (via teleconference)
Attendee (did not state name) (via teleconference)
Attendee (did not state name)
City Attorney Hallinan, Mayor Aguilar, and Interim City Manager Portillo responded to public comments.

Mayor Aguilar closed Public Comments at 10:36 p.m., as there were no further comments from the public.

City Attorney Hallinan recommended Council to add the following language on Page 1, Paragraph 1 of the contract: "As needed until the hiring of a permanent Police Chief." Motion: M/S -Moran to not approve Resolution Ratifying the Contract between Merced County and the City of Livingston for Interim Chief of Police Services. The motion died due to the lack of a second.

Motion: MIS - Soto/Kang to approve Resolution No. 2021-87, Ratifying the Contract between Merced County and the City of Livingston for Interim Chief of Police Services with the following added language to Paragraph 1 of the contract: "until the hiring of a permanent Police Chief." The motion carried 3-1-0-1 by the following roll call vote:

Page 5 ends

AYES:

NOES:

Council Members: Soto, Kang, and Aguilar
Council Members: Moran
ABSENT: Council Members: None
ABSTAIN: Council Members: Garcia
Clerk's Notes: Mayor Pro-Tern Garcia returned after the action was taken at I 0:47 p.m.

7. APPROVE AGREEMENT FOR PERMANENT CITY MANAGER SERVICES Resolution Approving Entering into an Agreement with Vanessa Portillo for Permanent City Manager Services.

City Attorney Hallinan introduced this item and responded to Council questions.

There was a brief discussion between Council and staff regarding entering into an agreement with Vanessa Portillo for permanent City Manager Services.

Mayor Aguilar Opened Public Comments at 11 :01 p.m.

Public comments:

Attendee ( did not state name)
Jim Soria
Katherine Schell Rodriguez
Attendee ( did not state name)
Attendee ( did not state name)
Floripes (did not state the last name)
Ana Alberto
Attendee ( did not state name)
Public Comments by email or letter:

Archie Flores
Mirla Hernandez
Interim City Manager Portillo responded to public comments.

Mayor Aguilar closed Public Comments at 11 :31 p.m. as there were no further comments from the public.

Motion: MIS - Soto/Kang to approve Resolution No. 2021-88, Approving Entering into an Agreement with Vanessa Portillo for Permanent City Manager Services. The motion carried 4-1- 0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Council Members: Soto, Kang, Garcia, and Aguilar
Council Members: Moran
Council Members: None
Council Members: None

8. Discussion and Direction on a Skate Park.

Mayor Aguilar introduced this item.

Page 6 ends

Mayor Aguilar opened public comments at 11 :47 p.m.

Public Comments:

Attendee ( did not state name)
Katherine Schell Rodriguez
Mayor Aguilar closed Public Comments at 11 :51 p.m. as there were no further comments from the public.

The Council gave direction to staff to come up with a plan and look at previous plans to make a skate park. They also gave direction to research an all-wheels park.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor and Council Members provided direction to add the following items to a future agenda:
• Mid-year budget review
• Schedule a goals-setting meeting
• Schedule a meeting to discuss ATVs
• Update on Spay and Neuter Program

ADJOURNMENT
The meeting was adjourned by consensus at approximately 11 :55 p.m.

Deputy City Clerk of the City of Livingston
APPROVED:

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

Page 7 ends

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
JANUARY 18, 2022
A Regular Meeting of the Livingston City Council was held on January 18, 2022, in the City Council Chambers with Mayor Aguilar presiding.

REGULAR MEETING
Mayor Aguilar called the meeting to order at 7:08 p.m.

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

ROLL CALL
[gJ Mayor Juan Aguilar Jr.
[gJ Mayor Pro-Tern Raul Garcia (via teleconference)
[gJ Council Member Maria Baptista-Soto
[gJ Council Member Jose A. Moran
[gJ Council Member Gagandeep Kang
Mayor Pro-Tern Garcia entered the Council of Chambers at 7:26 p.m.

CLOSED SESSION ANNOUNCEMENTS
Council gave direction to staff.

CHANGES TO THE AGENDA
None.

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

Page 1 of 5 ends

Citizen Comments:

Attendee ( did not state name)
Mayor Aguilar closed Citizen Comments at 7: 15 p.m. as there were no further comments from the public.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
• Interim Police Chief Hale
• Fire Captain Alvis
• City Manager Portillo
Staff responded to Council questions.

Mayor and Council Members' Announcements and Reports
• Council Member Moran
• Council Member Soto
• Mayor Pro-Tern Garcia
• Mayor Aguilar

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

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

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

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

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

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

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

Motion: Moran/Soto to approve Consent Agenda. The motion carried 5-0-0 by the following roll call vote:

Page 2 of 5 ends

AYES:

NOES:

ABSENT:

Council Members: Soto, Moran, Kang, Garcia, and Aguilar Council Members: None
Council Members: None

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

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

Mayor Aguilar opened and closed Public Comments at 7:51 p.m. as there were no comments from the public.

Motion: M/S Moran/Garcia to approve the Proclaiming a Local Emergency and Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Livingston Pursuant to Brown Act Provisions. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Soto, Moran, Kang, Garcia, and Aguilar
None
None

9. APPROVE SUPPLEMENTAL APPROPRIATION FOR THE AMERICAN RESCUE PLAN

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

There was a brief discussion between staff and Council Member Moran regarding the City's 2021-22 Fiscal Year Budget.

Mayor Aguilar opened and closed Public Comments at 7:58 p.m. as there were no comments from the public.

Motion: M/S Garcia/Moran to approve Resolution No. 2022-02, Amending the City's 2021-22 Fiscal Year Budget. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Soto, Moran, Kang, Garcia, and Aguilar
None
None
I 0. CONSIDER OPTING INTO SETTLEMENT AGREEMENTS WITH OPIOID DISTRIBUTORS

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

There was a brief discussion between Council and staff.

Mayor Aguilar opened and closed Public Comments at 8:05 p.m. as there were no comments from the public.

Page 3 of 5 ends

Motion: M/S Garcia/Kang to approve Resolution No. 2022-03, Opting into Settlement Agreements with Opioid Distributors, Amerisource Bergen, Cardinal Health, and Mckesson; and Opting into Settlement Agreement with Opioid Manufacturer, Janssen, Whereby the County of Merced will Receive the City's Designated Share of Settlement Funds. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

PUBLIC HEARINGS
Council Members:

Council Members:

Soto, Moran, Kang, Garcia, and Aguilar
None
None

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

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

There was a brief discussion between Council and staff on the fee increases for the recreation programs.

Mayor Aguilar opened and closed Public Hearing at 8: 16 p.m. as there were no comments from the public.

Motion: MIS Moran/ Aguilar to approve Resolution No. 2022-04, Adopt Fee Increases to the Recreation Programs. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Soto, Moran, Kang, Garcia, and Aguilar
None
None

DISCUSSION AND POTENTIAL ACTION ITEMS

12. City Council to Provide Staff Direction for Appointments to the Parks and Recreation Commission.

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

There was a brief discussion between Council and staff regarding the appointments to the Parks and Recreation Commission.

Council recommended that staff extend the deadline for applications to 30 days.

City Manager Portillo suggested that February 21, 2022, would be a great time to close the applications and bring the item to Council at the first meeting in March.

Council agreed to extend the application deadline to February 21 st and bring back the item at the first meeting of March.

13. Status Update to the Council Concerning Recall Petition.

City Attorney introduced this item.

Mayor Aguilar thanked the community for their support.

Page 4 ends

Mayor Aguilar opened and closed Public Comments at 8:31 p.m. as there were no comments from the public.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor and Council Members provided direction to add the following items to a future agenda:
• Term limits
• Meeting on ATV location
• Skate park
• Continental Celebration grad opening for the year
• Goal-Setting Workshop
• Memorial Park demarcation between public access and veteran's property • Ordinance on mobile food vendors
• Traffic calming measures

ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:38 p.m.

Deputy City Clerk of the City of Livingston
APPROVED:

Page 5 of 5 ends

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
FEBRUARY 1, 2022
A Regular Meeting of the Livingston City Council was held on February 1, 2022, in the City Council Chambers with Mayor Aguilar presiding.

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

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

ROLL CALL
[8J Mayor Juan Aguilar Jr.
[8J Mayor Pro-Tern Raul Garcia (via teleconference)
[8J Council Member Maria Baptista-Soto
[8J Council Member Jose A. Moran
D Council Member Gagandeep Kang (Excused Absence)

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Aguilar opened and closed Citizen Comments at 7:01 p.m. as there were no comments from the public.

AW ARDS, PRESENTATIONS, PROCLAMATIONS
I. Presentation by Mayor Aguilar: Recognition of Former Fire Captain Bryan Alvis.

Page 1 of 3 ends

Mayor presented this item. He presented a recognition plaque to Fire Captain Alvis for his five years of service.

2. Presentation by Mayor Agular: Recognition of Ria Bains.

Mayor presented this item. He presented a Certificate of Recognition to Ria Bains for her continued community service.

At 7: IO p.m., Mayor Aguilar called for a briefrecess.

At 7: 16 p.m., Mayor Aguilar reconvened the meeting.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
• Public Works Superintendent Avina
• Former Fire Captain Alvis and Fire Captain Gardiner
Mayor and Council Members' Announcements and Reports
• Council Member Moran
• Mayor Pro-Tern Garcia
• Mayor Aguilar
Staff responded to Council questions.

CONSENT AGENDA

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.

5. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated January 27, 2022.

6. AUTHORIZE CITY MANAGER TO EXECUTE THE PROGRAM SUPPLEMENT

AGREEMENT
Resolution Authorizing the City Manager to Execute the Program Supplement Agreement No.

F0 16 to Administering Agency-State Agreement No. I 0-5256FI 5 to Construct Multi-Use Path Improvements (Phase 2), Project No. CML-5256(021 ), and Authorizing the City Manager to Act on Behalf of the City of Livingston.

7. APPROVE A CONTRACT WITH CPS HR CONSULTING
Resolution Approving a Contract with CPS HR Consulting for Finance Director Recruitment.

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

Page 2 ends

AYES:

NOES:

ABSENT:

Council Members: Soto, Moran, Garcia, and Aguilar
Council Members: None
Council Members: Kang

DISCUSSION AND POTENTIAL ACTION ITEMS

8. APPROVE SUPPLEMENTAL APPROPRIATION FOR CENTENNIAL PROJECTS Resolution to Authorize the City Manager/Finance Director to Make Budget Adjustments for Changes Approved, to Make a Supplemental Appropriation from the Unappropriated General Fund Balance.

City Manager Portillo and Recreation Superintendent Benoit introduced this item and responded to Council questions.

Mayor Aguilar opened and closed Public Comments at 8:05 p.m. as there were no comments from the public.

Motion: Garcia/Moran to approve Resolution No. 2022-07, Authorize the City Manager/Finance Director to Make Budget Adjustments for Changes Approved, to Make a Supplemental Appropriation from the Unappropriated General Fund Balance. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members: Soto, Moran, Garcia, and Aguilar
Council Members: None
Council Members: Kang

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor Aguilar announced that a Goal Setting Workshop would be held on February 9, 2022 at 6:00 p.m.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:07 p.m.

Deputy City Clerk of the City of Livingston
APPROVED:

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

Page 3 ends

MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
FEBRUARY 09, 2022
A Special Meeting of the Livingston City Council was held on February 9, 2022, in the Council of Chambers, with Mayor Aguilar presiding.

CALL TO ORDER
Mayor Aguilar called the meeting to order at 6:0 I p.m.

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

ROLL CALL
[gl Mayor Juan Aguilar Jr.
[gl Mayor Pro-Tern Raul Garcia
[gl Council Member Maria Baptista-Soto
[gl Council Member Jose A. Moran
D Council Member Gagandeep Kang (Excused Absence)

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Aguilar opened and closed Citizen Comments at 6:03 p.m. as there were no comments from the public.

Mayor Aguilar re-opened Citizen Comments at 6:06 p.m.

Public Comments:

Gerardo Aguilar

Page 1 of 3 ends

Mayor Aguilar closed Public Comments at 6:07 p.m. as there were no further comments from the public.

GOAL SETTING SESSION
Facilitator: Vanessa Portillo, City Manager
The Goal Setting Workshop report is hereby attached as Exhibit "A." Mayor Aguilar opened Public Comments at 7:43 p.m.

Public Comments:

Jairo Aguilar
Attendee ( did not state name)
Floripes ( did not state her last name)
Diego Castillo
Mayor Aguilar and staff responded to public comments.

Mayor Aguilar closed Public Comments at 7:58 p.m. as there were no further comments from the public.

CLOSED SESSION
A "Closed" or "Executive" Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 633 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session, Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.

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

CLOSED SESSION ANNOUNCEMENTS
The Council gave direction to staff.

ADJOURNMENT
The special meeting was adjourned by consensus at 8:37 p.m.

Deputy City Clerk of the City of Livingston
Page2 of3
APPROVED:

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

Page 3 ends

EXHIBIT "A"

CITY COUNCIL GOAL & STRATEGIES
2 022
❖ Focus on City's infrastructure ❖
needs to provide a safe place
•
•
•
•
•
•
to live.

Water supply and water quality
Water Quality
•
Liberty Plaza and Main Street •
rehabilitation.

More lighting in dark streets
Focus on Hammett side for
Development
Lighting
•
•
❖ Pursue smart growth
•
•
•
strategies for responsible and ❖
balanced growth.

Responsible growth no exceeding
growth
24-hour restaurants •
Variety of vendors and storefronts •
Attract more businesses; More tax
revenue •
Provide safe spaces for ❖
recreation activities.

Install and maintain physical •
amenities like sidewalk rails, •
bike and board lanes •
Skateboard Park/ All wheels •
Park/ Dog park •
Beautify the City including more •
large murals •
More green areas including
soccer fields, walking paths, and •
more parks. •
Promote recreation
programs for all
community members.

Senior Services
Youth Activities
•
•
Improve all (adult) recreation
opportunities/ programs •
Centennial
• Revitalize Downtown
Prioritization and beautification
❖ Increase community
•
❖ Develop policies, processes,
and agreements focused on
•
•
•
•
efficiencies and valuable ■
results.

Revisit Zoning- 444 Main Street -
Cannabis/Cafe •
Streamline development and •
housing process
County-City Property Tax Revenue
Agreement •
Complete the City's General Plan - •
More jobs and more business •
•
partnerships with local
agencies to highlight our
community's diversity.

Local farming to showcase their
commodities/market through
small businesses
Relationships with the schools
Outreach and Collaboration with
UC Merced and CSU's for
programs
Parent education
Mentorships
Better relations with community
Continue Explorer P.O. program
Start a Fire Department Explorer
Program
VE_
SAFETY
Continue to strengthen
Community Safety.

Community policing
New Fire station
Fire Department Infrastructure
Fire Commission
Police Department
Public Safety
Maintain/improve law
enforcement and fire staff levels
Fire staff levels
Improve law enforcement levels
and their community
involvement
Strengthen the police force with
community involvement
Improve quality of
neighborhoods
Expand Spay and Neuter
Program to include stray
animals

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
FEBRUARY 15, 2022
A Regular Meeting of the Livingston City Council was held on February 15, 2022, in the City Council Chambers with Mayor Aguilar presiding.

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

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

CLOSED SESSION ANNOUNCEMENTS
The closed session was continued after the regular meeting.

CHANGES TO THE AGENDA
None.

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

Page 1 of 4 ends

Citizen Comments:

Attendee ( did not state name)
Attendee (did not state name)
Attendee ( did not state name)
Daniel Garibay
City Manager Portillo and City Attorney Hallinan responded to citizen comments.

Mayor Aguilar closed Citizen Comments at 7: 13 p.m. as there were no further comments from the public.

AW ARDS, PRESENTATIONS, PROCLAMATIONS
I. Presentation by Mayor Aguilar: Recognition of David Hernandez, Jacqueline Sernas, and UFW Foundation.

Mayor presented this item. He presented a Certificate of Recognition to David Hernandez.

Jacqueline Sernas, and UFW Foundation for providing the community in Livingston with food boxes, food cards, and covid testing/vaccines.

2. Presentation by Mayor Agular: Recognition of Livingston Police Explorers.

Mayor presented this item. He presented a Certificate of Recognition to Livingston Police Explorers for their dedication, hard work, and commitment to the City of Livingston.

At 7:23 p.m., Mayor Aguilar called for a briefrecess.

At 7:28 p.m., Mayor Aguilar reconvened the meeting.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
• Public Works Superintendent Avina
• Interim Police Chief Hale
Mayor and Council Members' Announcements and Reports
• Council Member Kang
• Council Member Moran
• Mayor Pro-Tern Soto
• Mayor Aguilar
Staff responded to Council questions.

CONSENT AGENDA

4. AUTHORIZE REMOTE TELECONFERENCE MEETINGS

Page 2 of 4 ends

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

5. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated February 8, 2022.

6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on November 18, 2021.

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

8. APPROVE A FACILITY FEE W AIYER REQUEST
Approve a Fee Waiver for the Livingston High School All Alumni Reunion.

9. APPROVE APPLICATION SUBMITTAL FOR THE NOTICE OF INTENT TO COMPLY Resolution Approving the Application Submittal of A Notice of!ntent to Comply with SB 1383, and any Related Authorizations.

Motion: Garcia/Soto to approve Consent Agenda. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members: Soto, Moran, Garcia, Kang, and Aguilar Council Members: None
Council Members: None

PUBLIC HEARINGS

10. Resolution Adopting A New Rate Schedule for the Livingston Police Department Firearms Training Facility.

Interim Police Chief Hale introduced this item and responded to Council questions.

Mayor Aguilar opened the Public Hearing at 7:53 p.m.

Public Comments:

Diego Castillo
Mayor Aguilar closed the Public Hearing at 7: 55 p.m. as there were no further comments from the public.

Motion: M/S Garcia/Kang to approve Resolution No. 2022-09, Adopting a New Rate Schedule for the Livingston Police Department Firearms Training Facility. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Soto, Moran, Kang, Garcia, and Aguilar
None
None

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

Page 3 of 4 ends

The Council resumed closed session.

CLOSED SESSION ANNOUNCEMENTS
Council gave direction to City Attorney.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:34 p.m.

Deputy City Clerk of the City of Livingston
APPROVED:

Page 4 of 4 ends

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
MARCH 1, 2022
A Regular Meeting of the Livingston City Council was held on March I, 2022, in the City Council Chambers with Mayor Aguilar presiding.

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

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

ROLL CALL
IZI Mayor Juan Aguilar Jr.

IZI Mayor Pro-Tern Raul Garcia (via teleconference)
!ZI Council Member Maria Baptista-Soto
!ZI Council Member Jose A. Moran
IZI Council Member Gagandeep Kang
Mayor Pro-Tern Garcia entered the Council Chambers at 7:23 p.m.

CLOSED SESSION ANNOUNCEMENTS
The Council gave direction to staff.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Aguilar opened Citizen Comments at 7:02 p.m.

Page I of 4
Citizen Comments:

Katherine Schell Rodriguez
Gerardo Aguilar
Attendee (did not state name)
Mayor Aguilar closed Citizen Comments at 7: 11 p.m. as there were no further comments from the public.

AW ARDS, PRESENTATIONS, PROCLAMATIONS

2. Presentation by Mayor Aguilar: Recognition of Lupe Pimentel.

Mayor presented this item. He presented a Certificate of Recognition to Lupe Pimentel for rallying up staff and administration at Campus Park School to collect food for veterans.

3. Presentation by Mayor Aguilar: Recognition of Diane Dallas.

Mayor presented this item. Ms. Dallas was unable to attend. The Mayor read the Certificate of Recognition to Diane Dallas for being a fair community advocate and working relentlessly on the All LHS Alumni Committee.

At 7: 16 p.m., Mayor Aguilar called for a brief recess.

At 7: 18 p.m., Mayor Aguilar reconvened the meeting.

1. Presentation by John B. Anderson, President, J.B. Anderson Land Use Planning: General Plan Update.

Contract City Planner Anderson gave a PowerPoint presentation on the Livingston General Plan Update. Mr. Anderson explained where the City is in the process, and the next steps of the process.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
• Public Works Superintendent Avina
• Recreation Superintendent Benoit
• City Manager Portillo
Mayor and Council Members' Announcements and Reports
• Council Member Kang
• Council Member Moran
• Mayor Aguilar

CONSENT AGENDA

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

Page 2 of 4 ends

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 February 18, 2022.

7. ADOPTION OF COUNCIL PRIORITIES
Adoption of Council Priorities

8. APPROVE SUPPLEMENTAL PROJECT WITH J.B. ANDERSON LAND USE PLANNING Resolution Approving a Supplemental Project with J.B. Anderson Land Use Planning to Update Various Code Text Amendments to Title 5 Zoning Regulations of the Livingston Municipal Code

9. APPROVE THE RE-APPOINTMENT OF A PLANNING COMMISSION REGULAR MEMBER
City Council to Re-Appointment of a Planning Commission Regular Member to a Four-Year Term
Motion: Soto/Kang to approve Consent Agenda. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members: Soto, Moran, Garcia, Kang, and Aguilar Council Members: None
Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

10. APPROVE THE UNFREEZING OF A POSITION FOR POLICE DISPATCHER Resolution to Unfreeze a Position for Police Dispatcher Interim Police Chief Hale introduced this item.

Mayor Aguilar opened and closed Public Comments at 7:45 p.m. as there were no comments from the public.

Motion: MIS Garcia/Soto to approve Resolution No. 2022-11, to Unfreeze a Position for Police Dispatcher. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Soto, Moran, Kang, Garcia, and Aguilar
None
None

11. Discussion and Direction on Establishing a Joint Fire Department Commission Aguilar introduced this item.

There was a brief discussion between Council, Fire Chief Bates, and Vanessa P011illo regarding establishing a Joint Fire Department Commission.

Mayor Aguilar opened Public Comments at 7:55 p.m.

Page 3 of 4 ends

Public Comments:

Attendee ( did not state name)
Mayor Aguilar responded to public comments.

Mayor Aguilar closed Public Comments at 7:56 p.m. as there were no further comments from the public.

Council recommended that staff explore this item further and work on establishing a Joint Fire Department Commission.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:00 p.m.

Deputy City Clerk of the City of Livingston
APPROVED:

Page 4 of 4 ends

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
MARCH 15, 2022
A Regular Meeting of the Livingston City Council was held on March 15, 2022, in the City Council Chambers with Mayor Aguilar presiding.

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

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

ROLL CALL
~ Mayor Juan Aguilar Jr.
~ Mayor Pro-Tern Raul Garcia (via teleconference)
~ Council Member Maria Baptista-Soto
~ Council Member Jose A. Moran
~ Council Member Gagandeep Kang
Mayor Pro-Tern Garcia entered the Council Chambers at 7:25 p.m.

CLOSED SESSION ANNOUNCEMENTS
The closed session was held after the regular meeting.

CHANGES TO THE AGENDA
None.

Page 1 of 4 ends

CITIZEN COMMENTS
Mayor Aguilar opened and closed Citizen Comments at 7:06 p.m. as there were no comments from the public.

AWARDS, PRESENTATIONS, PROCLAMATIONS
I. Presentation by Mayor Aguilar: Recognition of Alma Lopez, School Counselor at Livingston Middle School.

Mayor presented this item. He presented a Certificate of Recognition to Alma Lopez for her dedication as School Counselor at Livingston Middle School and for winning the National Education Award- the 2022 ASCA National Counselor of the Year.

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

Mayor presented this item. He presented a Certificate of Recognition to Matt Winton for his dedication as Baseball Coach at Livingston High School and for achieving the 2021-2022 C.1.F Sac-Joaquin Section Model Coach Award.

At 7: I 5 p.m., Mayor Aguilar called for a briefrecess.

At 7: I 8 p.m., Mayor Aguilar reconvened the meeting.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
• Interim Police Chief Hale
• Fire Captain Gardiner
• City Manager Portillo
Mayor and Council Members' Announcements and Reports
• Council Member Moran
• Council Member Soto
• Mayor Aguilar

CONSENT AGENDA

5. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated March 3, 2022.

Page 2 of 4 ends

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.

Motion: Garcia/Kang to approve Consent Agenda. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

PUBLIC HEARINGS
Council Members: Soto, Moran, Garcia, Kang, and Aguilar Council Members: None
Council Members: None

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.

Interim Police Chief Hale introduced this item and responded to Council questions.

Mayor Aguilar opened and closed Public Hearing at 7:40 p.m. as there were no comments from the public.

Motion: M/S Garcia/Moran to approve First 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. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Soto, Moran, Kang, Garcia, and Aguilar
None
None

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.

City Manager Portillo introduced this item.

Mayor Agular opened and closed Public Comments at 7:42 p.m. as there were no comments from the public.

Motion: M/S Garcia/Moran to approve Resolution No. 2022-13, Authorizing the City Manager to Sign the Department of Parks and Recreation Grant Contract. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Soto, Moran, Kang, Garcia, and Aguilar
None
None

Page 3 ends

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

CLOSED SESSION

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

CLOSED SESSION ANNOUNCEMENTS
Council gave direction to staff.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:28 p.m.

Deputy City Clerk of the City of Livingston
APPROVED:

Page 4 of 4 ends

MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
MARCH 29, 2022
A Special Meeting of the Livingston City Council was held on March 29, 2022, in the Council of Chambers, with Mayor Aguilar presiding.

CALL TO ORDER
Mayor Aguilar called the meeting to order at 6:04 p.m.

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

ROLL CALL
~ Mayor Juan Aguilar Jr.

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

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Aguilar opened and closed Citizen Comments at 6:05 p.m. as there were no comments from the public.

EDUCATIONAL WORKSHOP
Status on Current and Future Water Projects.

City Manager Portillo summarized what will be presented.

Page 1 ends

City Engineer Gouveia introduced this item and responded to Council questions. He gave a PowerPoint presentation on the City's water systems. He discussed water supply updates, IRWMP projects, 1, 2, 3 - TCP progress, new wells, water line replacements, and projects summary.

There was a brief discussion between Council and staff regarding City's water system.

Mayor Aguilar opened Public Comments at 7:24 p.m.

Public Comments:

Diego Castillo
Mayor Aguilar closed Public Comments at 7:25 p.m. as there were no further comments from the public.

ADJOURNMENT
The special meeting was adjourned by consensus at 7 :25 p.m.

Deputy City Clerk of the City of Livingston
APPROVED:

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

Page 2 ends

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
APRIL 5, 2022
A Regular Meeting of the Livingston City Council was held on April 5, 2022, in the City Counc il Chambers with Mayor Aguilar presiding.

REGULAR MEETING
Mayor Aguilar called the meeting to order at 7:0l p.m.

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

ROLL CALL
[8J Mayor Juan Aguilar Jr.

D Mayor Pro-Tern Raul Garcia (Excused Absence)
[8J Council Member Maria Baptista-Soto
[8J Council Member Jose A. Moran
[8J Council Member Gagandeep Kang
Mayor Pro-Tern Garcia entered the Council Chambers at 7:25 p.m.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Aguilar opened and c losed Citizen Comments at 7:02 p.m. as there were no comments from the public.

Page l of 6

AW ARDS, PRESENTATIONS, PROCLAMATIONS
I. Presentation by Bao Xiong, Sauci Xiong, and Daniela Ramirez, California Health Collaborative and CALI Youth Coalition: Strategies to Reducing Tobacco Exposure in Livingston.

Bao Xiong and Sauci Xiong gave a PowerPoint presentation on strategies for reducing tobacco exposure in Livingston. They provided information on why there is an issue, policy options, and resources.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Repm1s
• Recreation Superintendent Benoit
• Interim Police Chief Hale
• City Manager Portillo
Mayor and Council Members' Announcements and Reports
• Council Member Kang
• Council Member Moran
• Council Member Soto
• Mayor Aguilar
Staff responded to Council questions.

CONSENT AGENDA

2. 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.

3. 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.

4. DIRECTING THE CITY CLERK TO PREPARE ORDINANCE SUMMARIES Resolution Directing the City Clerk to Prepare Ordinance Summaries for Publication Pursuant to Government Code Section 36933.

5. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated March 24, 2022.

6. APPROVE THE EXTENTION OF THE CONTRACT WITH GOUVEIA ENGINEERING, INC.

FOR THE ON-CALL ENGINEERING SERVICES
Resolution Extending the Contract with Gouveia Engineering, Inc. for the On-Call Engineering Services for Federally Funded Transportation Projects for the City of Livingston and Authorizing the City Manager to Execute the Agreement.

Page 2 ends

7. WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 647 Waive the Second Reading of and Adopt Ordinance No. 647, Adding Livingston Municipal Code, Title I 0, Chapter 14, "Military Equipment Use," By Ordinance Adopt a Policy that Regulates the Use of Military Equipment by the Livingston Police Department.

8. APPROVE CONTRACT WITH BRASS RING AMUSEMENTS INC.

Resolution to Approve a Contract with Brass Ring Amusements Inc. for the 2022 Sweet Potato Festival.

9. APPROVE CONTRACT WITH JHC LLC
Resolution Approving a Contract with JHC LLC to Assist with the Maintenance of Recycling Programs.

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

AYES:

NOES:

ABSENT:

PUBLIC HEARINGS
Council Members: Soto, Moran, Kang, and Aguilar
Council Members: None
Council Members: Garcia
I 0. Public Hearing- Frist Reading and Introduction of Ordinance Amending Title 8, Chapter 2 "Wastes and Recyclable Materials" of the Livingston Municipal Code, Adding Legislation Related to State of California Methane Emissions Reduction Targets (SB1383 LARA, Chapter 395, Statutes of2016) in a Statewide Effort to Reduce Organic Waste and Emissions of ShortLived Climate Pollutants (SLCP).

Jennifer Halpin introduced this item and responded to Council questions.

Mayor Aguilar opened and closed Public Hearing at 8:01 p.m. as there were no comments from the public.

Motion: M/S Moran/Soto to approve the Frist Reading and Introduction of Ordinance Amending Title 8, Chapter 2 "Wastes and Recyclable Materials" of the Livingston Municipal Code, Adding Legislation Related to State of California Methane Emissions Reduction Targets (SB 1383 LARA, Chapter 395, Statutes of2016) in a Statewide Effort to Reduce Organic Waste and Emissions of Short-Lived Climate Pollutants (SLCP). The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Soto, Moran, Kang, and Aguilar
None
Garcia

DISCUSSION AND POTENTIAL ACTION ITEMS

11. APPROVE THE MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN Resolution to Adopt the Multi-Jurisdictional Local Hazard Mitigation Plan.

City Manager Portillo introduced this item.

Mayor Agular opened and closed Public Comments at 8:05 p.m. as there were no comments from the public.

Page 3 ends

Motion: MIS Moran/Kang to approve Resolution No. 2022-18, to Adopt the Multi-Jurisdictional Local Hazard Mitigation Plan. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Soto, Moran, Kang, and Aguilar
None
Garcia

12. Discussion and Direction on Water Shut Offs.

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

Mayor Aguilar opened Public Comments at 8: 17 p.m.

Public Comments:

Attendee ( did not state name)
Attendee ( did not state name)
Mayor Aguilar closed Public Comments at 8:21 p.m. as there were no further comments from the public.

Clerk's Notes: Council Member Kang recused himself from voting at 8:20 p.m. before the Council voted on the item. He stated that he has rental properties in Livingston and did not want it to be a conflict.

Clerk's Notes: Staff recommended implementing a phased approach to dealing with utility delinquencies as follows:

Continue providing payment plans for customers requesting extensions Continue referring customers to Utility Assistance Programs as available Reinstate penalty charges in May 2022 (for bills due after 5/25/22 - See Table I) Resume utility shut-offs starting July 2022 for unpaid balances without payment arrangements
Motion: M/S Soto/Moran to approve staff recommendation. The motion carried 3-0-1-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAlN: Council Members:

Soto, Moran, and Aguilar
None
Garcia
Kang
Clerk's Notes: Council Member Kang returned after the action was taken at l 0:05 p.m.

13. Discussion and Possible Direction Regarding Revising Cannabis Regulations.

City Attorney Hallinan introduced this item and responded to Council questions.

There was a brief discussion between staff and Council regarding the revising cannabis regulations.

Mayor Aguilar opened Public Comments at 8:30 p.m.

Page 4 ends

Public Comments:

Alisa Stuart
Alisa Stuart read a statement from Judith
Adam Connor
Barbara Ratzlaff
Attendee ( did not state name)
Travis Miller
Attendee (did not state name)- by phone
Happy Bains - Planning Commission
Attendee (did not state name)
Ruben Prusso - by phone
Renee Lopez - by phone
Attendee (did not state name)
Attendee ( did not state name)
Public Comments by email or letter:

Mirla ( did not state the last name)
Mayor Aguilar closed Public Comments at 8:53 p.m. as there were no comments from the public.

Council recommended a special meeting workshop to discuss the item.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Update on ATV park

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:06 p.m.

Deputy City Clerk of the City of Livingston
Page5of6
APPROVED:

Page 6 ends

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
APRIL 19, 2022
A Regular Meeting of the Livingston City Council was held on April 19, 2022, in the City Council Chambers with Acting Mayor Soto presiding.

REGULAR MEETING
Acting Mayor Soto called the meeting to order at 7 :0 I p.m.

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

ROLL CALL
D Mayor Juan Aguilar Jr. (Excused Absence)
~ Mayor Pro-Tern Raul Garcia (Teleconference)
~ Council Member Maria Baptista-Soto
~ Council Member Jose A. Moran
~ Council Member Gagandeep Kang
Mayor Pro-Tern Garcia entered the Council Chambers at 7:20 p.m. and took over as Acting Mayor.

CHANGES TO THE AGENDA
There was a brief discussion between the Council about moving item 5 (Consent Agenda) to the next regular meeting or having a special meeting.

Item 5 was pulled for further discussion.

CITIZEN COMMENTS
Acting Mayor Soto opened Citizen Comments at 7:08 p.m.

Pagel of 6
Citizen Comments:

Attendee ( did not state name)
Acting Mayor Soto closed Citizen Comments at 7:11 p.m. as there were no comments from the public.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
• Recreation Superintendent Benoit
• Fire Captain Gardiner
• Interim Chief of Police Hale
• Public Works Superintendent Avina
• City Manager Portillo
Mayor and Council Members' Announcements and Reports
• Council Member Soto
• Council Member Kang
• Council Member Moran
• Mayor Pro-Tern Garcia
Staff responded to Council questions.

There was a brief discussion between the Council and City Attorney regarding Mayor Pro-Tern Garcia having a conflict of interest with Item 5.

CONSENT AGENDA

3. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated April 5, 2022.

4. WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 648 Waive the Second Reading of and Adopt Ordinance No. 648, Amending Title 8, Chapter 2 "Wastes and Recyclable Materials" of the Livingston Municipal Code, Adding Legislation Related to State of California Methane Emissions Reduction Targets (SBI383 LARA, Chapter 395, Statutes of2016) in a Statewide Effort to Reduce Organic Waste and Emissions of ShortLived Climate Pollutants (SLCP).

Motion: Moran/Kang to approve Consent Agenda items I, 2, 3, and 4. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members: Soto, Moran, Kang, and Garcia
Council Members: None
Council Members: Aguilar

Page 2 ends

5. APPROVE A CONTRACT EXTENSION WITH MERCED COUNTY SHERIFF'S OFFICE Resolution Approving a Contract Extension Between Merced County Sheriff's Office and the City of Livingston for Interim Chief of Police Services.

There was a lengthy discussion between the Council and staff on the Contract Extension Between Merced County Sheriff's Office and the City of Livingston for the Interim Chief of Police Services and moving the item to a special meeting next week or the next regular meeting.

Acting Mayor Garcia Opened public comments at 8:29 p.m.

Public Comments:

Katherine Schell-Rodriguez (by email)
Acting Mayor Garcia closed at 8:32 p.m. as there were no further comments from the public.

Motion: Garcia/Moran to approve the contract extension between Merced County Sheriff's Office and the City of Livingston to June 30, 2022, and move the Amendment Contract to the Meeting of May 17, 2022. The motion failed by a vote of2-2-I.

AYES:

NOES:

ABSENT:

Council Members: Moran and Garcia
Council Members: Soto and Kang
Council Members: Aguilar

PUBLIC HEARINGS

6. Public Hearing - Frist Reading and Introduction of Ordinance Amending Livingston Municipal Code, Title 3, Chapter 12, "Dances," By Ordinance Adopt a Policy that Amends the Requirements and Fees for Dance Permits. Resolution to Adopt Fee Increases and Required Security Requirements for the Issuance of Dance Permits.

Police Chief Hale introduced this item and responded to Council questions.

There was a lengthy discussion between Council and staff.

Acting Mayor Garcia opened Public Hearing at 8:40 p.m.

Public Comments:

Attendee ( did not state name)
Dwight Larks (by phone)
Public Comments by email or letter:

Katherine Schell Rodriguez
Police Chief Hale responded to public comment.

Acting Mayor Garcia closed Public Hearing at 8:44 p.m. as there were no comments from the public.

Acting Mayor Garcia re-opened Public Hearing at 9:02 p.m.

Page 3 ends

Public Comments:

Attendee ( did not state name)
Acting Mayor Garcia closed Public Hearing at 9:04 p.m. as there were no comments from the public.

M/S Garcia to approve the Frist Reading and Introduction of Ordinance Amending Livingston Municipal Code, Title 3, Chapter 12, "Dances," By Ordinance Adopt a Policy that Amends the Requirements and Fees for Dance Permits. Resolution to Adopt Fee Increases and Required Security Requirements for the Issuance of Dance Permits. Motion died due to a lack of a second.

M/S Moran/Garcia to amend the ordinance to consider having one officer instead of two. The motion failed by a vote of2-2-l.

AYES:

NOES:

ABSENT:

Council Members: Moran and Garcia
Council Members: Soto and Kang
Council Members: Aguilar

7. Public Hearing - Site Plan and Design Review Application No. 2021-04 - Sequeira Apartments. requesting to develop three new attached housing units on property located at 1920 8th Street.

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

Acting Mayor Garcia opened Public Hearing at 9:20 p.m.

Public Comments:

Attendee ( did not state name)
Diego Castillo
Acting Mayor Garcia closed Public Hearing at 9:23 p.m. as there were no further comments from the public.

Motion: M/S Moran/Garcia to approve Resolution 2022-19, Site Plan and Design Review Application No. 2021-04-Sequeira Apartments, requesting to develop three new attached housing units on property located at 1920 8th Street. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Soto, Moran, Kang, and Garcia
None
Aguilar

8. Public Hearing and Adoption of the City's 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan.

Angela Hall from Consulting Engineers presented the item and responded to Council questions.

Acting Mayor Garcia opened Public Hearing at 9:35 p.m.

Public Comments
Attendee (did not state name)
Diego Castillo

Page 4 ends

Public Comments by email or letter:

Katherine Schell Rodriguez
Angela Hall from Consulting Engineers and Mayor Pro-Tern Garcia responded to questions from the public.

Acting Mayor Garcia closed Public Hearing at 9:38 p.m. as there were no comments from the public.

Motion: MIS Garcia/Soto to approve the Adoption of the City's 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Soto, Moran, Kang, and Garcia
None
Aguilar

DISCUSSION AND POTENTIAL ACTION ITEMS

9. APPROVE AGREEMENT WITH FLOCK SAFETY GROUP INC FOR PILOT PROGRAM OF

ALPRSYSTEM
Resolution to Allow the City Manager to Enter Into an Agreement with Flock Safety Group Inc for the Implementation of Automated License Plate Readers.

Chief of Police Hale and Aton Benbolite, Representative of Flock Safety Group Inc., introduced this item and responded to Council questions.

There was a brief discussion between Council and staff.

Acting Mayor Garcia opened and closed Public Comments at 9:50 p.m. as there were no comments from the public.

Motion: MIS Garcia/Moran to approve Resolution No. 2022-22 to Allow the City Manager to Enter Into an Agreement with Flock Safety Group Inc. for the Implementation of Automated License Plate Readers. The motion carried 3-1-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Moran, Kang, and Garcia
Soto
Aguilar

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None

CLOSED SESSION

10. Conference with Real Property Negotiator
(Government Code Section 54956.8)
Real Property:

APN: 024-041 -004
Negotiating Parties for City: Vanessa Portillo, City Manager Negotiating Parties for Property Owner: Foster Farms LLC

Page 5 ends

Under Negotiations: Potential Property Sale

11. Conference with Labor Negotiator
(CA Gov'! Code Section 54957.6)
Agency Representative: Vanessa Portillo, City Manager
Unrepresented Employees: Department Heads

CLOSED SESSION ANNOUNCEMENTS
Item 10 - Council Approved Letter oflntent to purchase land.

Item 11 - Council gave direction to staff.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 10:01 p.m.

Deputy City Clerk of the City of Livingston
APPROVED:

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

Page 6 ends

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

RECOMMENDATION

STAFF REPORT
2022/23 Request for Fee Waiver for the Livingston Youth Football Organization
August 2, 2022
Toni Marquez, Recreation Specialist
Vanessa Portillo, Interim City Manager
Staff recommends Council to adopt a Resolution approving the Facility Fee Waiver Request from the Livingston Youth Football Organization
BACKGROUND AND DISCUSSION:

On July 18, 2022, the Livingston Youth Football Association submitted a Facility Use Form to use Alvernaz Ball Field and Memorial Park for football and cheer programs. Use would start August 16, 2022 and would end on October 6, 2022. The Livingston Youth Football Organization has used the field for the past several years. Customarily, facility usage fees have been waived for the Livingston Youth Football Organization. The Livingston Youth Football Organization has agreed to pay for the usage of electricity (due to late practices, and lights usage). A key is provided and Livingston Youth Football Organization keeps track of light usage and pay at the end of each month.

The Livingston Youth Football Organization has asked for a fee waiver for field use with an agreement to pay for the lights only. Per the Facility Fee Policy, fee waivers are approved by City Council.

FISCAL IMPACT:

The Livingston Youth Football Organization is comprised of more than 75% local residents according to the roster submitted at the end of 2019. They are categorized as a Class II user group. The fee waiver request for the Livingston Youth Football Organization will represent a fiscal impact of $1 ,260 due to uncollected fees.

ATTACHMENTS:

1. Resolution to Approve the Livingston Youth Football Association Fee Waiver Request

2. Packet - Facility Use Request Form, Request for Fee Waiver, Organization Chart, and Letter from David D. Bruner, CPA
1 1
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

APPROVING A FACILITY FEE WAIVER REQUEST FROM THE LIVINGSTON YOUTH FOOTBALL ORGANIZATION FOR USE OF CITY FACILITIES TOTALING $1,260

WHEREAS, the Livingston Youth Football Organization has requested the use of City Facilities;
WHEREAS, the City Council finds that this request provides a public benefit to the community, that the amount of the request is de minimis in nature and not subsidized from other facility fees; and
WHEREAS, an evaluation of the services funded through the CFD is required to potentially create service expansions and maximizing the funds utilization; and NOW, THEREFORE, BE IT RESOLVED that the Council finds direct public benefit will be provided by the Livingston Youth Football Organization to the City of Livingston. The City Council of the City of Livingston does hereby authorize waiving facility fees for the use of City Facilities in the amount of $1,260.

Passed and adopted this 2nd day of August, 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 2nd day of August, 2022.
__________________________________
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
Da te Request Taken:

CITY OF LIVINGSTON User Class: --------- ALVEfu'IAZ FIELD RENTAL AGREEMENT

USE PERMIT
Taken By:---,---- - - - Deposit Taken: $ ______ _
Main and Park Street, Uvi1tgl·/011. CA Poyment due: _______ _ updated 3-2022
0 Rental Requests must he made a minimum of 7 days prior to usage. NO EXCEPTIONS ~UO\.\l.o - Oct. t_q 2..012
0 '
RentRl Date j\l\~ -T\)e-St.\°'-'t - ~Vloe5'~ Time b 1 o~ am(@) to ~ ·. 00 am/@ \-v" _ ~~ H-e\c\ .:>OY'f::<'1 Arrival Time includes set up/Departure Time is After Clean up Renter's Name/Organization: LiV\'(\C\$~\I\ Y~ fro:\::bq\) Address _ _ ...__,,..___,__,_,.e....::;....___,_=.;...._ _ _______ _ _____ _____ _ _ _c.Lfvll"£1);-oY\ _,_--"-'-~=...,- - ------.,.....------ 953"3'--f t City Zip
Telephon - ___ Work _ _ _ _________ Cell _ _ _________ _ _ Additional Contact Person cY\Yt5 R11.n'f\r€.\ \ ~ \JCA¼\ie ~ Y\ Qel It Phone ---- --- E~1AIL ______ :---:----- ..,,,-----,--- - ---- - - ------------- Tcam Roster and Rclcnsc of Linbility on file: yes / no (If team roster and release of liability is not on file then the rental must be done as an individual with respective deposits and fees etc.) Wlmt will racilitybeused for? ~\\ :Yro.cAic.e Is Your Activity open to the public?~/ No Number of People expected? (Including plnyers and spectators) ·2-6o Will con.cessions or merchandise be sold? Y cs/<&, Will alcoholic beverages be sold or made available to pmticipams? Yts / No Is extra insurnnce needed? Yes/ No (if yes attach policy to this ag reement)

READ BEFORE SIGNING
The group or organization using the facility will comply wilh the laws of the State of California, the City of Livingston and the codes and rules established by the Livingston Recreation Department.

I. The rental group will be responsible ror all persons in the group or organi?ation and liability for all persons in attendance.

2. TI1e renlal gmup must assume liability for any dmnoges done to the facility or equipment, .ind will leuve the faci lity in the satisfacto1y condition. Groups leaving the l'acility without cleaning satisfactorily will lose their deposit.

3. The rental group will be responsible to sec that no one in attendnnce to the facility during their 1-ental is under the influence of or has in their possession, alcoholic beverages or dmgs.(Plense note that should any alcohol or drugs be found on the premises, the rental will be tcm1inated and NO money will be refunded I!)

4. The group will vacate the facility at the time designated on this application, RENT AL TIME INCLUDES SET UP AND CLEAN UP.

5. All ac11Vlty shall be under control and shall be operated and supeivised to the satisfaction of the Recreation Department. lftltc activity is not operated or supervised to the satisfaction. of the Recreation Depo1tmcnt Staff, it mny result in tl1e loss of consideration of future requests from the sponsoring organization and /or cancellation of the activity nt that time.

6. The Recreation Department reserves the right to shift activities to other facilities if available nnd necessary. Renter shall not sublet 1-eservation booking to any othet" party, Renter must have a copy of a use pennit in their possession during reservation hours.

Inclement Weather 'Ilic Recreation Deprutment reserves the iight to cancel games/reservations due to inclement weather. Monday through Friday Recreation Stalrwil! meet at approximately 2 pm to discuss playing conditions. Facility staff wi!l park suiff to make the opening or closing decision. Assigned field and/or site managers will have the responsibility of determining whether or not to start activities after 5pm, on weekends and at other times, full time staff members for the program areas involved will consult with the assigned supe,visor during nights and weekends as requested. The assigned supervsor and or site managers have the responsibility to cancel activities due to weather conditions or noticenble field damage ofter play has started. l11sura11ce: Insurance will be required for league rentals and sports tournaments, fundraising events and al! events that are open to the public or that have an anticipated attendance of over 500 people (whether public or private). lnsumnce may be provided by u private Climer in the fonn of a Certificme of lnsumnce. Proof of insurance must be provided al least thirty (30} working days prior to an event or the event is subject to cnncellation.

Other Conditions:: A dumpster key and if applicable a key to the Electric Box must be picked up Friday prior to your l'Cntal. If the key is not picked up and lhc on call personnel is dispatched S70 will be deducted from your deposit. There will be a 527 fee on nil returned checks. Any activiries or special nmmgements not specifically nurhorized on your rental agre1:ment/use pe1mit are prohibited. Applicants agree to abide by all rules nnd regulations of the facility/field rented

HOLD HARMLESS AGREEMENT
11,e applica111 is 011 a111l,orized agem oft/re group s11bmit1/11g this application. n,e applica111(a11d/or his/her)organization making tllls applic<11io11 1111de1-s1a11d and CJgree lo assume all risk/or loss, damage, liability, iryury, cost or expense that may arise during or be caused /11 any way by sucli use or occ11pw1cy of tlte facilities of the Cily of Livi11gs1on. 77,e applicantfunher agrees tl1al In CQ11sideralio11 of being permiuecl to use saidfacililles. HE/SHE AND THE GROUP Will DEFEND, INDEMNIFY AND HOLD THE CITY OF LIVINGSTON, RECREATION DEPARTMENT AND THEIR AGENTS AND EMPLOYEES HARMLESS FRO.ill/ ANY LOSS, CLAIMS AND l/ABfl!TY OR DAMAGES AND/OR fNJU/UES TO PERSONS AND PROPERTY tltat /11 aitv way may be caused by the applica111 's use 01·occ11pa11cy oftltefacllllies.

To be reimb11rsed 011 011y and all ,leposlts, the orig/11af deposit receipt 11111st be submitted lo City Hall afler the evellt. Once s11bmi1ted a check will be '!,ailed wltMn 30 days from the day tire receipt was s11bmi11ed. less any damage or ciea11i11g costs incurred as a res,r/t of your evem. //We, tlte 1111derslgned, lwve read tire a~e infon:;;;011 and agreement and agree lo comply with the terms of this agreemem.

Signature_~---~ef~ _ _____ _____ _____ Date 7 } l ~ / 2-02:z.

Request Approved: ___ _____ ______ Request Denied because ___ __________ _______ ______ _ .(") By: Date ___ _ _____ _
\.,)' Fee:=_-::_-::_-::_-=_-=_-=_-_-_-_-_-_--,D-a-te/....,P=-o=-.========---,D,...e_p_os....,·i-tA_m_t. _______ -:_-_-_-_-_-_-_-_ _,D=--ut-e/-:::P"'D'"".-::_-::_-=_-=_-=_-_-_-_-_-- - - - -- STAFF ASSIGNED: _ _ _ ______ _ ______ _ __ _ Special lnstmctions:

User Classification Definitions Citv of Livingston
Class I
Recreation or City sponsored or co-sponsored activities Class II
Resident non-profit organizations such as Community leagues or service organizations, student organizations, Livingston Churches or schools conducting a community fundraiser for community purpose or benefit.

Class III
Individual residents or resident groups conducting classes, activities or parties. Private groups that have select memberships and/or specific intent, i.e. employee clubs, corporations, company picnics, family picnics and or reunions.

Class IV
Non Resident individuals or groups. (Not residing in the City of Livingston) Resident/Non-Resident Description
Must have a Livingston address or live within the Livingston School District boundaries to be considered a Livingston Resident.

Resident Team Description
Being sponsored by a Livingston company or business does not make a team a resident team. A resident team is made up of 75% residents.

Field Rentals include Recreation Staff
ALVERNAZ FIELD Class I Class II Class III Class IV Deposit Alvernaz Baseball Field 0 $46 $46 $54 $150
No lights No scoreboard
First 2 hours
Each additional hour $23 $23 27
Alvernaz Baseball Field 0 $76 $76 $81
With lights 2 hour
mm1mum
Each additional hour $38 $38 $40.50
Scoreboard oer hour $5 $5 $6
Field Prenaration 0 $32.40 $32.40 $38.88
Batting Cage Rental 2 hr 0 $36 hr $36 hr $44 hr
minimum with staff
** Variance may be requested by non-profit groups.

Deposits are required on Classifications II, III, & IV before reservations are confinned. Payment in full is due 10 days prior to usage.

Tournaments and League scheduling must be worked out with the Recreation Superintendent a minimum of 2 weeks prior to usage. League scheduling will require rosters of each team and release of liability waivers and hold harmless agreements to include the City of Livingston from each player. Extra Insurance is also required.

Fee Work Sheet: \<::n;cu ~ l.9,-¼su,(S 0--(' wUX -Q:,r ~~ User Class: ._?) Fee per hour w/lights: £6 Oo r\ ,~ Fee per hour wo/li~---- Start Time:~ X's# hours:______ X's# hours:~
Finish Time:~ Total w/lights: ______ Total wo/lights: S, Total Hours:____ Scoreboard:_______ Field Preparation: ____ _ Livingston Youth Football & Cheer
C/O Chris Farinelli
PO BOX 187
Livingston, Ca 95334
Subject: City of Livingston Facilities Waiver
July 18, 2022
Dear City of Livingston/Parks and Recreation Department:

The Livingston Youth Football & Cheer Organization (LYF&C) is a non-profit who promotes the fundamentals and advanced skills of appropriate team play. Along with completive play, we encourage sportsmanship, respect for self and others, cooperation, and good academic standards throughout our season. We consist of over 200 student athletes between the ages of 6-14 years of age.

Although LYF&C uses fundraising efforts to keep each program self-sufficient, all money goes back into our program to keep our registration cost affordable and equipment safe. At this time, I would like to request that any fees be waived for the use of City of Livingston Facilities.

Your consideration and continued support is much appreciated.

Thank You,
Chris Farinelli
LYF&C President
Livingston Youth Football & Cheer Organization Chart
President Chris Farinelli
Vice President Angie Macias
League Rep David Kalua
Treasurer Natalie Farinelli
Secretary Maria Soto
Equipment Manager Dustin Cunningham
Equipment Manuel Prado
Promotions Gerardo Aguilar
Registrations Tiffany Kalua
Social Media Griselda Mendoza
Weigh Master Ana Huerta
Cheer President Laura Diaz
Cheer Treasurer ltzy Ramirez
DAVID D. BRUNER, CPA
ACCOUNTANCY COHPOf~A·1·10N
!i "M(,'.>f,H • 1,,:~('.)(,H .:.:H::J.,',I, i.t:3,·i,;·t :,3 t 83 CQLUNt:,; DHIVL Sunr: A Mr HCED. CA 903£18. FAX: (209) 3843353
0AVID8RUNE!SCPAl?PYAH00.COM
June 15, 2022
Livingston Youth Football Organization
Livingston, CA
Angelina,
The State of California has my package and I am waiting for them to process it. Your status is still FTB suspended, I have called them and they said they will get back to us when they process it but am not giving me a timeline on iL
Once rny package is processed your status will return back to active and it will be retroactive back to when they suspended you so their will be no gap in your nonprofit status, Let me know if you have any questions on.

A4KMtHfi'
;''lAU;},?fCA.N fNSTJfUTi:" or CER·rtf.'!£,0 PtJfJLtC ACC'OUN7A/A/T'S (7AL!T(}RlWA S<.)'C'JE:TV()f," l"::L7?nruco PUBUC ACCOUNrANt'.fhi AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Authorizing the City Manager to File a Regional Surface Transportation Program (RSTP) Estimated Exchange Fund Claim Form for Fiscal Year 2021/2022.

August 2, 2022
Happy Bains, Sr. Accountant
Vanessa L Portillo, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2022-___ , a Resolution of the City Council of Livingston Authorizing the City Manager to file the standard Regional Surface Transportation Program (RSTP} Estimated Exchange Fund Claim Form for Fiscal Year 2021/2022.

BACKGROUND:

Caltrans Headquarters annually releases an RSTP Exchange apportionment figure to California Metropolitan Planning (MPO's). The Merced County Association of Governments is the designated MPO for Merced County.

Each year, Merced County Association of Governments (MCAG) staff process the necessary paperwork through the California Department of Transportation (Caltrans) to exchange RSTP funds allocated to Merced County. The City of Livingston has an RSTP Exchange Fund apportionment amount available to claim in the amount of $170,975.00 for the Fiscal Year 2021/2022. The Resolution and claim form before you are necessary to finalize the City's request for its share of the funds.

DISCUSSION:

Amount of funds to be received and to be used for city wide road repair(s) and maintenance FISCAL IMPACT:

Revenue allocated for fiscal year 2021 /2022 is $170,975.00. Finance will process the necessary entries to recognize these funding.

ATTACHMENTS:

1. Resolution No. 2022-

2. Claim Form for RSTP Funds
1 RESOLUTION NO. 2022·

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

THE CITY MANAGER TO FILE A REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) EXCHANGE PROGRAM FUND CLAIM FORM FOR FISCAL YEAR 2021/2022 WHEREAS, the Merced County Association of Governments (MCAG) and the California Department of Transportation (Caltrans) have entered into a Standard Agreement contract to exchange unobligated balances of federal Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds; and WHEREAS, Caltrans Division of Programming releases a 5-year ESTIMATE of RSTP Exchange Program apportionments for inclusion in the Federal Transportation Improvement Program (FTIP) Programming document every 2-years to California Metropolitan Planning Organizations (MPOs);
WHEREAS, MCAG is the designated MPO for Merced County;
WHEREAS, the Annual RSTP Exchange Program fund apportionment is an estimate and subject to change during the fiscal year (FY) due to many Federal Surface Transportation Bill variables including the annual appropriations act as well as other Congressional action (i.e. rescissions);
WHEREAS, a FINAL RSTP Exchange apportionment amount is published at the end of the FY 21/22 and can be different than the ESTIMATE RSTP Exchange apportionment figure; WHEREAS, Annually, Caltrans sends MCAG a Standard Agreement contract that includes an RSTP Exchange Program apportionment figure; WHEREAS, MCAG applies a RSTP population based distribution formula using current Department of Finance (DOF) population estimates (May 2022) to the RSTP apportionment to determine the amount of RSTP Exchange funds to be distribution to MCAG member jurisdictions;
WHEREAS, the City of Livingston has an ESTIMATE RSTP Exchange Program fund apportionment amount available to claim in FY 21/22 is $170,975.00; WHEREAS, payment of the ESTIMATE RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between MCAG and Caltrans, as well as the MCAG RSTP Exchange Claim form requirements: Projects to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code.

WHEREAS, if the FINAL RSTP Exchange apportionment figure is higher for FY 21/22 than the ESTIMATE RSTP Exchange apportionment figure, Caltrans would have to revise the RSTP Exchange Standard Agreement contract with the higher RSTP figure before MCAG could instruct the Merced County Auditor Controller's Officer to distribute a greater amount of RSTP Exchange Program funds to member agencies, than identified in this resolution; WHEREAS, if the FINAL RSTP Exchange apportionment figure is lower for FY 21/22 than the ESTIMATE RSTP Exchange apportionment amount, Caltrans does not have to revise the RSTP Exchange contract with the lower amount before MCAG could recalculate the available RSTP Exchange Program funds using the same population-based formula and then instruct the Merced County Auditor Controller's Officer to distribute the lower FY 21 /22 Fl NAL RSTP Exchange Program fund amount to member agencies;
WHEREAS, the City of Livingston has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds; and WHEREAS, it is deemed in the best interest of the City of Livingston that the City Manager is authorized to sign the FY 21/22 RSTP Exchange Program fund claim form and to submit said claim form to MCAG for processing.

NOW THEREFORE, be it resolved that the City Manager of Livingston is authorized and directed to sign and file the above described FY 21/22 RSTP Exchange Program fund claim on behalf of the City of Livingston in the amount of $170,975.00.

PASSED AND ADOPTED this 2nd day of August, 2022, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

JUAN AGUILAR, JR., Mayor
of the City of Livingston
I, hereby certify that the foregoing Resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 2nd day of August, 2022.

MONICA CISNEROS, Deputy City Clerk
of the City of Livingston

MERCED COUNTY

ASSOCIATION OF

GOVERNMENTS
Claim to the Merced County Association of Governments
PH: 209.723.3153
FAX: 209.723.0322
www.mcagov.org
369 W, 181h Street
Merced, Ca. 93540
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2021/2022
Claimant:

FY 21/22 Claim Amount:

Claim Guidelines:

City of Livingston
$170,975.00
Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(l) of the Streets and Highways Code.

Claim Instructions:

1. List (print or type) each INDIVIDUAL project to be funded with this claim.

2. List the amount of funds to be used for each project.

3. If the project is not a capacity expanding project and is exempt from the air quality conformance analysis check the "Exempt" box. (~)

4. If the project is a capacity expanding project and the "build" alternative of the air quality conformance analysis has been completed for the project as required check the "Air Quality" box. (~)
Pro_ject Cost of Air Exempt
Project Quality

1. $170,975.00 □ □ City Wide- Road Repair(s) and Maintenance

2. $ □ □

3. $ □ □

4. $ □ □
Partnering for Regional Solutions
It is understood by this claimant (City of Livingston) that payment of this claim is subject to approval by the MCAG Governing Board and must be in accordance with the MCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.

The undersigned claimant, by accepting these fw1ds agrees to establish a special account for the purpose of depositing funds received from MCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. For the county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.

If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to MCAG for credit to the special account described above.

Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of his/her knowledge.

Authorized Representative:

Signature
Vanessa L Portillo
Print Name
City Manager
Title
Jennifer Riedeman
Print Name
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Information Only - Emergency Sewer Repairs
August 2, 2022
Jennifer Riedeman, Finance Director
Vanessa Portillo, City Manager
RECOMMENDED COUNCIL ACTION:

No action requested -for information only.

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. (8) 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 5/16/22, the Wastewater Treatment Plant experienced a leak due to one of the 8" check valves in the head works being damaged, and the Public Works Superintendent an City Manager made a determination to seek the services of Cenco-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 repairs.

On June 7, 2022, as a result of the emergency on 5/16/22, Cenco-West, Inc. submitted a proposal in the amount of $345,000 for the cost of necessary future repairs that would be required to bring the valves and lines to working order to prevent similar occurrences.

On July 25, 2022, the Wastewater Treatment Plant experienced another leak that requires emergency repairs. Based on the previously provided cost estimates, the FY 22/23 requested budget includes $375,000 to cover repairs and was expected to be funded by the 2nd Tranche from the American Rescue Plan Act (ARPA).

FISCAL IMPACT:

ARPA funds were received by the City of Livingston on July 21 , 2022, and the estimated costs of $375,000 are included in the FY 22/23 budget in Fund 2101 - Wastewater Operations. The 1 STAFF REPORT
Requested Budget will be brought to Council for adoption later in August as part of the scheduled Budget Workshops and Adoption.

ATTACHMENTS:

1. Proposal from Conco-West to replace the 12" FM with 16" C900 PVC

2. Map of the proposed repairs
2 Conco West Inc
June 7, 2022
Mr. Tony Avina
City of Livingston
Re: Livingston WWTP - 12" SI Line Replacement
Dear Mr. Avina,
Cal State License 11353199
PO Box 1360
Manteca, CA 95336
(209) 239-2110
Fax (209) 239-2384
www .concowestinc.com
We are pleased to offer our proposal for the replacement of the 12" SI (FM) line with 16" C900 PVC. This work will be completed on a T & M basis and therefore we are providing this proposal as a budget for the completion of this work.

Work to include:

Interior Wet Well
• Demo existing check valves and replace with DIP spools and RFCA's to reconnect piping where check valves are removed within the wet well. Newly replaced check valve will be salvaged for relocation and reuse.

Outside Wet Well
• Reconstruct the 8" pump discharge lines and header to allow relocation of the check valves and installation of new gate valves into precast box(s) for better access to maintenance valves.
• Install new DIP spools to extend the 8" pump discharge to the new header location per attached sketch.
• Upsize the existing 8" x 12" discharge header to 8" x 16" and reconfigure FM per attached sketch to reduce the head loss with the existing l 2" SI. • Re-route and replace 12" SI FM with 16" C905 PVC pipe and DIP fittings per the attached sketch. Assumed that reconnection will be in the area of the insertion valve where the existing pipe SI line is hopefully 16". If the insertion valve is installed on 12" PVC pipe there may be a short section of restricted pipe which could only be removed by installing a new insertion valve on the 16" closer to the oxidation ditch. Potholing the insertion valve location will be required to verify this.
• Bypass pumping of current WWTP Flows as was recently done from the MH at the access rd to the Oxidation Ditch. We are planning on installing as much of the FM as possible while the existing FM is in service and only bypassing to make the Tie-in at the insertion valve location as well as reconstruction of the discharge header.

Clarifications:
• Due to unknown existing facility elevations potholing will need to be done at the beginning of the work to verify the routing and elevation of the new 16" FM, New 8"-16" header and valve boxes. We anticipate 2 days of potholing and would require the City's vactor and crew to operate and locate as much of the existing utilities as possible.
• Revised layout of the discharge header and sizing of the FM should be reviewed by an engineer to verify proper sizing and orientation for current and future growth.
• Lift station will need to be cleaned and washed down prior to removal of check valves and install of 8" DIP after bypass has been installed and is operational. • We are planning to re-use I ea 8" Check Valve that was recently replaced in the wet well. This proposal includes furnishing 3 ea 8" Check Valves similar to recent purchase (Due to availability of Check Valves) and 4 ea 8" Gate Valves for isolation of the check valves.
• We have not included demo of the existing 12" FM. We will provide concrete plugs at each end of the 12" FM.
• We have not included any import for trench backfill or replacement thereof. We have include off-haul on site excess spoils generated during trenching activities.

We have not included replacement of street grindings at access rd. We will remove the grindings for installation of 16" FM and re-install following FM install.
• We have included trench paving at location of FM alignment which is in front of the existing sewer lift station. Approx +-35' of trench • Exclude replacement of sod in the area of the 16" Discharge Header area and/or repair of irrigation that may be damaged during excavation. Irrigation system routing is unknown.
• Currently the availability of pipe, valves and fittings are unknown. Once the City gives an approval to start we will order the pipe, valves and and provide a schedule at that time. 16" pipe was available, however some of the 16" Tee's had lead times of End of September. All of these materials remain fluid both with pricing and availability. This budget includes the pipe, valves and fitting pricing available on the day of the quote which was June 2, 2022.

Lump Sum Budget$ 345,000.00
We appreciate the opportunity to provide you a proposal o n th is project.

President
.
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CITY OF LNINGSTON, CALIFORNIA
WA:--sr=EV, - 1AT.,..E=-- -R---T-REA- TMENTPLANr EXPANSION !VERIFY &CALES
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AGENDA ITEM:

MEETING DATE:

PREPARED BY:

RECOMMENDATION

STAFF REPORT
Accept Contract Termination Letter from Merced County Sheriff's Office for Interim Chief of Police Services, and Approve the following: 1. Contract Extension with MCSO for Interim Police Chief Services or 2. Declare a State of Local Emergency due to Understaffed Police Department
August 2, 2022
Vanessa Portillo, City Manager
Staff recommends that the City Council adopt a Resolution approving the Contract between Merced County Sheriff's Office for Interim Chief of Police Services or Declare a State of Local Emergency due to Understaffed Police Department.

BACKGROUND/DISCUSSION
Interim Assignment
In November 2021, Merced County Sheriff's Office (MCSO) agreed to assist the City of Livingston by providing contracted Interim Chief of Police services through May 22, 2022, or until a permanent Chief of Police is hired. The Sheriff's Office assigned Lieutenant Charles Hale as Interim Chief of Police.

Lieutenant Hale has been able to integrate with our law enforcement team, city departments, and community members commendably. Lieutenant Hale has played an integral role in organizing community events such as Public Safety Meet & Greet, Sikh Parade, Centennial Events (Guns & Hoses), and Livingston Band Review. In addition, Lieutenant Hale has been detrimental in identifying new revenue sources and negotiating favorable contracts for the City, such as the Firearms Range Training Facility Memorandum of Understanding (MOU) with other law enforcement agencies, estimating to generate around $15,000 annually, as well as securing funding for upgraded equipment from the Merced County Remote Access (RANS) Board for about $68,000, and the School Resource Officer Contract with Merced Union High School District (MUHSD) for $104,000. Lastly, Lieutenant Hale has implemented several operational enhancements to the Livingston Police Department, such as the installation of police vehicle cameras, implementation of the Military Equipment Policy which provided compliance with State mandates (AB-481 ), abandoned vehicle abatements, code enforcement efforts, and License Plate Reader (LPR) technology.

Recruitment Efforts
In December 2021 , the City approved a contract with CPS HR to conduct the executive recruitment for Chief of Police. The approach to the recruitment process was aggressive and included advertising through various law enforcement platforms, government job sites as well as outreach to approximately 1,900 professionals, referral sources, and potential candidates. The Chief of Police recruitment closed in February 2022. Unfortunately, the recruitment failed to generate the response and/or results desired. The City continues its recruitment efforts to hire a Chief of Police as it is an integral part of the City's leadership team.

While recruitment efforts continue, the City's need for contracted Interim Chief of Police services is still needed.

STAFF REPORT
CITY COUNCIL REGULAR MEETING - AUGUST 2, 2022

ACCEPT CONTRACT TERMINATION LETTER FROM MERCED COUNTY SHERIFF'S OFFICE FOR INTERIM CHIEF OF POLICE SERVICES, AND APPROVE THE FOLLOWING: 1. CONTRACT EXTENSION WITH MCSO FOR INTERIM POLICE CHIEF SERVICES OR 2. DECLARE A STATE

OF LOCAL EMERGENCY DUE TO UNDERSTAFFED POLICE DEPARTMENT Contract Extension
The current labor market is extremely competitive when it comes to executive recruitments.

While the Chief of Police recruitment is still ongoing, the Police Department cannot afford to have a break in leadership without causing significant staffing impacts for the City. In early April 2022, MCSO provided two (2) proposals for a potential extension of Interim Police Chief services through June 30, 2023. Option 1: MCSO provides one (1) Lieutenant to oversee the operations of the Police Department; and Option 2: MCSO provides one (1) Captain to oversee the operations of the Police Department while training and developing a City Lieutenant for future leadership roles. Both options would be covered through budgeted salaries in the Police Department budget.

Option 2 was contingent with the Fiscal Year 2022/23 Budget and the funding of one (1) Lieutenant position in the Police Department. This was a new position that replaces the previously budgeted Captain position. Option 2 felt advantageous to the City as it provided: 1.

Promotional opportunities within the Police Department, 2. Tangible and measurable succession planning, and 3. Clear "Second-In-Command" leadership.

On April 19, 2022, the strategic plan and contract extension for Interim Police Services was presented to Council for approval but failed on a 2-2 vote. The contract extension was brought back to Council for approval at two (2) additional meetings (May 19 and May 20, 2022) and failed both times due to a 2-2 vote.

The initial contract with MCSO had an ending date of May 22, 2022. In order to avoid leadership disruption to our City's Police Department, City staff and MCSO agreed to a Contract Term Extension through September 30, 2022. The Contract Term Extension is consistent with the City's past practice to extend contract terms if there are no changes in scope or budget.

The City had paid about $104,000 for Interim Chief of Police services (service period through May 2022) and projected total costs of about $191,000 for services through September 30, 2022. Given that the Council had originally approved a not-to-exceed amount of $250,000 budget for the initial contract with MCSO in November 2021, the MCSO contract qualified for a term extension. In addition, the term extension was processed in accordance with the City of Livingston's Municipal Code, Chapter 11, Purchase Policies and Procedures, Section 1-11-4 Delegation of Authority, Item (8).

Page 2 of 5 ends

STAFF REPORT
CITY COUNCIL REGULAR MEETING - AUGUST 2, 2022

OF LOCAL EMERGENCY DUE TO UNDERSTAFFED POLICE DEPARTMENT On May 20, 2022, Council ratified the initial contract term extension through September 30, 2022, and agreed to bring the strategic leadership plan with MCSO back for discussion at a later date. Providing resolution to a contract extension with MCSO would allow Merced County to better plan and allocate resources while Interim Chief of Police services are rendered to the City of Livingston. Without the City's commitment, MCSO cannot request a backfill for the position currently redirected to the City, creating further staffing challenges for the MCSO.

Unfortunately, on July 26, 2022, MCSO tendered their Letter of Intent to terminate the contract with the City of Livingston for Interim Police Chief Services effective August 28, 2022, in compliance with Item 7 titled "Termination for Convenience" listed in the current contract (See Attachment 1 ).

Leadership Continuity
Leadership continuity in the Police Department is a critical component of the City's success and overall public safety. Steady leadership in our City's Police Department not only ensures the stability and well-being of our law enforcement team but also strengthens the operations and services provided to our community.

Several attempts and possible solutions have been explored in the event the City and MCSO cannot successfully extend the contract. City staff has attempted the following:

1. Recruit from a pool of retirees;

2. Contract Interim Chief of Police services through another law enforcement agency;

3. Contract with an Executive Placements agency for Interim Chief of Police Every attempt made has resulted in staffing unavailability and pointed the City back to request help from the Sheriff's Office as MCSO provides oversight of the County-wide public safety.

Requesting help from the Sheriff's Office for public safety support is a common professional practice for cities and towns when experiencing staffing shortages. For example, in September of 2019, the County of Solano provided mutual aid for the City of Rio Vista due to similar circumstances. In addition, the current projects and challenges in the Livingston Police Department require an experienced leader who is able to successfully navigate the complexities of the department.

Exploring the option of appointing a Sergeant to the Chief of Police position would represent a premature advancement, placing intolerable risk exposure to the ongoing projects, day-to-day operations, and staffing levels of the Police Department. All these inherent risks will likely result in the failure of the Police Department at the expense of the reputation of the City as a whole.

What is at Stake?
Under the MCSO's leadership, the Police Department staff have expressed an overwhelming sense of security, stability, and progress. Absent a contract extension with the MCSO, the Police department has been in significant distress, causing unnecessary and preventable instability for our officers and administrative staff. To date, I have been made aware that two (2) Officers have left employment, three (3) Officers are undergoing background checks at other

Page 3 of 5 ends

STAFF REPORT
CITY COUNCIL REGULAR MEETING - AUGUST 2, 2022

OF LOCAL EMERGENCY DUE TO UNDERSTAFFED POLICE DEPARTMENT agencies, and three (3) Administrative personnel are considering moving on as well. At this rate, our Police Department will be inoperable.

To put it into perspective, we will have a total of eight (8) officers left to patrol the streets, which will not be sufficient staffing since we require the following (at minimum) to provide adequate coverage:
• 1 O Officers on 12-hour shifts, or
• 12 Officers on 10-hour shifts
This is at a minimum.

At this rate, we will not have adequate staffing to cover unexpected absences (sick leave/ family emergencies) or scheduled absences (vacation/trainings). Soon after, the City will find itself with very few officers to provide law enforcement services.

Not only patrolling will be impaired, we will not be able to effectively conduct the following essential tasks in our Police Department:
• Investigative Services
• Evidence Room Management
• Administrative Management (including: billing/ procurement/ payables/ personnel files/ State reporting)
• Animal Control Services
• Dispatching Services (including the potential loss of the contract with the City of Gustine for dispatch services)
City Staff has presented a comprehensive plan for leadership coverage and succession planning. As Council is aware, a contract extension with MCSO could still be made possible for services through June 2023. In the absence of a contract extension, the City will, unfortunately default in a state of Local Emergency as prescribed in LMC 1-20-2: "The duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of the county or the city .. . " Staff is recommending Council authorize proceeding with the comprehensive plan for leadership coverage through the MCSO contract until the City can "groom" its next Chief of Police or a qualified applicant is hired.

FISCAL IMPACT
Interim Chief of Police services will be paid from the budgeted salary account in the Police Department.

Page 4 of 5 ends

STAFF REPORT
CITY COUNCIL REGULAR MEETING - AUGUST 2, 2022

OF LOCAL EMERGENCY DUE TO UNDERSTAFFED POLICE DEPARTMENT

ATTACHMENTS

1. Merced County Sheriff's Office Intent to Terminate Contract Letter Effective August 28, 2022

2. Resolution of the City Council of the City of Livingston Approving a Contract Extension between Merced County Sheriff's Office and the City of Livingston for Interim Chief of Police Services through June 30, 2023

3. Contract Extension: Interim Chief of Police Contract through June 30, 2023

4. Resolution of the City Council of the City of Livingston Declaring a State of Local Emergency due to Understaffed Police Department

Page 5 of 5 ends

C.F. Bludworth Substation
9481 Shanks Road
Delhi, CA 9S315
Phone: (209)38S-7660
Fax: (209)669-7771
Animal Services Bureau
2150 Shuttle Drive
Atwater, CA 95301
Phone: (209)385-7436
Fax: (209)722-3627
Main Detention Facility
700 W. 22" Street
Merced, CA 95340
Phone: (209)385-7410
Fax: (209)385-7489
July 26, 2022
Vanessa Portillo
Livingston City Manager
1416 C Street
Livingston CA, 95334
Hello Vanessa,
Merced Coun~.,Sheriff's Office / I t
Vernon H. WaFoke
·, ' Sl,eriff/Coroner
Corey M. Gibson
Undersheriff
..Sherifrs Administration.
700 W. 22nd Street , M,erced, CA 95340
Phone: (209) 385-1451 .; Fax: (209) 385-7696
Jess Bowling Substation
445 "I" Street
Los Banos, CA 93635
Phone: (209)827-2110
Fax: (209)827-1433
Coroner's Bureau
455 E. 13•• Street
Merced, CA 95340
Phone: (209)38S-7369
Fax: (209)725-3390
John Latoracca
Correctional Center
2584 W. Sandy Mush Road
Merced, CA 95341
Phone: (209)38S-7575
Fu : (209)725-3944
Regrettably, this letter is to inform you and the City of Livingston that the Merced County Sheriff's Office intends to terminate services for interim Police Chief services effective August 28, 2022. Lieutenant Chuck Hale's last day in the City Livingston will be Sunday, August 28, 2022.

The Sheriff's Office appreciates all the work you have done to improve the Police Department and the City of Livingston. Unfortunately, the City Council disagreed with your Police Depa1tment leadership strategy and has been unable to provide their own plan for a Police Chief. It is clear that two of the City Council Members are putting their personal agendas ahead of the needs of the Livingston Police Department along with the City of Livingston. This is all due to the fact the Sheriff's Office will not agree or support reinstatement of a family member to the Police Department and zoning changes that fall within the jurisdiction of the City Council.

Sheriff Warnke and I are committed to the Community and City of Livingston. lfthe City Council gives further direction to you, we are willing to reconsider continuing with Police Chief services. However, we are unwilling to wait until the end of September when the contract expires to have a Police Chief appointed. If that is the City's plan, then we believe we should terminate the contract now and move forward with the appointment of an internal sergeant to Police Chief. At the detriment to the Sheriff's Office, we have gone without one of our five lieutenants since November 2021 to provide a Chief of Police to the City. We now have several large projects that require a lieutenant. The County of Merced is looking for a commitment from the City so they can allocate us a lieutenant position to cover the City of Livingston for an Interim Police Chief. Without City Council action, the Sheriffs Office cannot continue with the cunent agreement which was intended to be a temporary arrangement until the City was able to recruit and hire its own Police Chief.

PROTECTING MERCED COUNTY SINCE 1855 / EQUAL OPPORTUNITY EMPLOYER As you may be aware, the Sheriffs Office was able to implement several projects as the Interim Police Chief.

Some of these projects include updating departmental polices to current law, AXON Body Cameras, rejoining the Merced Area Gang and Narcotic Enforcement Team (MAGNET), purchasing of Flock License Plate Readers, resuming Code Enforcement duties, purchasing modern firearms for patrol officers, refurbishment of the police department firearms range, purchasing new police vehicles and acquiring roughly $68,000 from the Merced County Remote Access Board (RAN) to replace all mobile computers in patrol vehicles. However, we are at a place where a long-term executive over the Police Department needs to make decisions for some of these projects that will affect the agency for several years to come.

We will continue to support the Livingston Police Department and any Police Chief that is appointed or selected by the City. lf the City wishes to appointment an internal Police Chief prior to August 28, 2022, the Sheriff's Office is willing to vacate upon the new Chiefs appointment.

This letter and notice are in compliance with, Item 7 titled "Termination for Convenience" listed in the current contract between the City of Livingston and the County of Merced.

It has been a pleasure working with you and all of the Livingston City staff Rel ll¼ _ -v/fl~
A
t'ey M.vGibson
ndersheriff
Merced County Sheriff's Office

Page 12 ends

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

APPROVING THE CONTRACT EXTENSION BETWEEN MERCED COUNTY AND

THE CITY OF LIVINGSTON FOR INTERIM CHIEF OF POLICE SERVICES THROUGH JUNE 30, 2023
WHEREAS, the City of Livingston entered into a contract with Merced County for Interim Chief of Police services on November 22, 2021; and
WHEREAS, the contract amount is not to exceed $275 thousand through the end of contract term; and
WHEREAS, the City may terminate the contract upon the hiring of a permanent Chief of Police with a 90-day notice; and
WHEREAS, the City will continue its recruitment efforts to hire a qualified Chief of Police; and
WHEREAS, the Finance Department will make the necessary adjustments to the Fiscal Year 2022/23 budget to align appropriate expense accounts; 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.

3. This resolution is effective immediately upon adoption.

Passed and adopted this 2nd day of August, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Page 1 of 2 ends

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 2nd day of August, 2022.

Monica Cisneros, Deputy City Clerk
of the City of Livingston

Page 2 of 2 ends

AGREEMENT FOR SPECIAL SERVICES

BETWEEN

CITY OF LIVINGSTON
AND

MERCED COUNTY
CONTRACT NO. ___ _
THIS AGREEMENT, is made and entered into by and between the County of Merced, a political subdivision of the State of California, (hereinafter referred to as "County"), and the City of Livingston, located at 1416 C Street, Livingston, CA 95334 (hereinafter referred to as "City").

WHEREAS, County is authorized to establish and maintain a law enforcement agency to provide for the safety and protection of the general public through its Sheriff's Office; and,
WHEREAS, City desires to contract with County to obtain the services of a Captain to perform the duties of a Police Chief; and,
WHEREAS, County is specially trained, experienced, and competent to perform such services in connection with placement of a Police Chief; and WHEREAS, the parties desire to set forth herein the terms and conditions under which said services shall be furnished.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows:

1. COUNTY COVENANTS
The Sheriff of Merced County shall, after consulting with the City, designate a full time Captain to serve as the Police Chief in the City, covering Police Chief assignments as needed.

2. SCOPE OF SERVICES
A. Under the direction of the City Manager and Merced County Sheriff, the Captain will exercise leadership and command over the personnel, activities and operations of the City of Livingston's Police Department; administer the Department budget and approve expenditures; represent the Department at City Council meetings; provide for public safety and compliance with applicable City, County, State and federal laws; work collaboratively with other municipal departments to ensure a solvent, vibrant and safe community for the City's residents and visitors; train, supervise and evaluate assigned personnel.
1 B. The normal work week will be Monday through Friday.

C. The Captain will wear an approved Merced County Sheriff uniform during the assigned shift.

3. TERM
The term of this Agreement shall commence on the 1st day of July, 2022, and continue until the 30th day of June, 2023, unless sooner terminated in accordance with the sections entitled 'TERMINATION FOR
CONVENIENCE", "TERMINATION FOR CAUSE" OR "NONAPPROPRIATION OF FUNDING", as set forth elsewhere in this Agreement.

4. COMPENSATION
City agrees to pay County an hourly rate of One Hundred Forty-Six Dollars and Thirty-Three Cents ($146.33) per hour for hours engaged in the performance of such work, as are more specifically set forth under Section 1, "SCOPE OF SERVICES". Approved overtime will be reimbursed by the City at the current overtime rate of One Hundred Twenty Dollars and ThirtyFive Cents ($120.35) per hour. Total contract not to exceed Two Hundred Seventy-Five Thousand Dollars and No Cents ($275,000.00) Furthermore, the City will reimburse County for mileage at a rate of One Dollar and Ten Cents ($1.10) per mile for the patrol vehicle provided to the assigned Captain. Mileage will be calculated for the time the Captain is assigned to the City of Livingston.

Any and/or all payments made under this Agreement shall be paid by check, payable to the order of County and be mailed to County at:

Name:

Address:

City/State/Zip:

Merced County Sheriff's Office
c/o Merced County Auditor
2222 M Street
Merced, CA 95340
County may request that City mail the check to County to such other address as County may from time to time designate to City. Such request must be made in writing in accordance with the procedures as outlined under Section 6, "NOTICES".

5. TERMS OF PAYMENT
Payment shall be for services required to be provided herein and as set forth under Section 1, "SCOPE OF SERVICES." Payment shall be made in the following manner:
2 County shall submit monthly itemized invoices for services it has provided and for the amount owed under this Agreement. Invoices shall be forwarded to the City at the City address indicated under Section 6, "NOTICES" of this Agreement.

The fee due hereunder shall be paid to County within fifteen (15) days following receipt of the invoice.

6. NOTICES
All notices, requests, demands or other communications under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows:

A. Personal Delivery. When personally delivered to the City, notice is effective upon delivery.

B. First Class Mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

C. Certified Mail. When mailed by certified mail, return receipt requested, notice is effective upon receipt, if delivery is confirmed by a return receipt.

D. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service.

Any correctly addressed notice that is refused, unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messengers or overnight delivery service.

Information for notice to the parties to this Agreement at the time of endorsement of this Agreement is as follows:

County of Merced c/o
Merced County Sheriff
2222 "M" Street
Merced, CA 95340
City of Livingston
1416 C Street
Livingston, CA 95334
Attn: City Manager
Any party may change its address by giving the other party notice of the change in any manner permitted by this Agreement.
3 7. TERMINATION FOR CONVENIENCE
This Agreement, notwithstanding anything to the contrary herein above or hereinafter set forth, may be terminated by County at any time without cause or legal excuse by providing the other party with ninety (90) calendar days written notice of such termination.

Upon effective date of termination, City shall have no further liability to County except for payment for actual services incurred during the performance hereunder. Such liability is limited to the time specified in said notice and for services not previously reimbursed by City. Such liability is further limited to the extent such costs are actual, necessary, reasonable, and verifiable costs and have been incurred by County prior to, and in connection with, discontinuing the work hereunder.

8. MODIFICATION OF THE AGREEMENT
Notwithstanding any of the provisions of this Agreement, the parties may agree to amend this Agreement. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

9. INSURANCE
Prior to the commencement of work, and as a precondition to this Agreement, the Parties shall maintain Commercial General Liability (CGL) insurance with limits no less than $1,000,000 per occurrence covering bodily injury, personal injury and property damage, Professional Liability Insurance with limits no less than $1,000,000 per occurrence, Automobile Liability insurance with limits no less than $1,000,000 per accident for bodily injury and property damage, and Workers Compensation Insurance as required according to the California Labor Code, including Employers' Liability limits of $1,000,000 per accident during the term of the Agreement.

Each party shall provide the other certificates of insurance upon request.

Each party and its officers, employees, and agents shall be endorsed to the other's CGL policy as additional insured, using ISO form CG2026 or an alternate form that is at least as broad as form CG2026, as to any liability arising from the performance of this Agreement.

10. INDEMNIFICATION
The City shall indemnity, defend, and hold harmless the County its officers, officials, employees, and volunteers from and against any and all liability, 4 claims, damage, costs, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney frees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the assigned Captain's performance of work or his or her failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the active negligence by the County or the gross or willful misconduct of the assigned Captain.

The County shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of the active negligence by the County or the gross or willful misconduct of the assigned Captain during the performance of work hereunder.

If the City rejects a tender of defense by the County and/or the assigned Captain under this Agreement, and it is later determined that the County and/or the assigned Captain breached no duty of care and/or was immune from liability, the City shall reimburse the County and/or the assigned Captain for any and all litigation expenses (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost).

A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the County and/or assigned Captain settles a liability claim, with or without participation by the City.

11. INDEPENDENT CONTRACTOR
It is mutually understood and agreed that County is an independent entity in the performance of the work duties and obligations devolving upon County under this Agreement. The sole interest and responsibility of the County is to assure that the services covered by this Agreement shall be performed and rendered in a competent, efficient and satisfactory manner.

It is mutually understood and agreed that no employer-employee relationship is created and each party shall be responsible for withholding, reporting and payment of any federal, state or local taxes, contributions or premiums imposed or required by workers' compensation, unemployment insurance, social security, income tax, other statutes or codes applying to the other party, or its employees, if any.

It is mutually agreed and understood that City, its sub-contractors and employees, if any, shall have no claim under this Agreement or otherwise against the County for vacation pay, sick leave, retirement or social security 5 benefits, occupational or non-occupational injury, disability or illness, or loss of life or income, by whatever cause.

City shall insure that all its personnel and employees, its sub-contractors and their employees, used to receive the contracted services are aware and expressly agree that County is not responsible for any benefits, coverage or payment for their efforts.

12. RECORDS AND INSPECTIONS
County shall maintain full and accurate records with respect to all matters covered under this Agreement. To the extent permitted by law, City shall have free access at all proper times or until the expiration of four (4) years after the furnishing of services to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all data, documents, proceedings, and activities pertaining to this Agreement.

13. OWNERSHIP OF DOCUMENTS
To the extent permitted by law, all technical data, evaluations, plans, specifications, reports, documents, or other work products developed by County hereunder shall be the exclusive property of County and shall be delivered to County upon completion of the services authorized hereunder.

In the event of termination, all finished or unfinished documents and other materials, if any, at the option of County, and to the extent permitted by law, shall become the property of the County. City may retain copies thereof for its files and internal use. Any publication of the information directly derived from work performed, or data obtained in connection with services rendered under this Agreement, must first be approved in writing by County. All technical data, evaluations, plans, specifications, reports, and other work products are instruments of County's services and are not designed for use other than what is intended by this Agreement.

14. ENTIRE AGREEMENT
This Agreement and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other contracts, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto.

15. COUNTY NOT OBLIGATED TO THIRD PARTIES
County shall not be obligated or liable hereunder to any party other than City.
6 16. COMPLIANCE WITH STATE LAWS AND REGULATIONS
The parties agree to comply with all State laws and regulations that pertain to construction, health and safety, labor, minimum wage, fair employment practice, equal opportunity, and all other matters applicable to the parties, their subgrantees, contractors, or subcontractors, and their work.

17. APPLICABLE LAW; VENUE
All parties agree that this Agreement and all documents issued or executed pursuant to this Agreement as well as the rights and obligations of the parties hereunder are subject to and governed by the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance. No interpretation of any provision of this Agreement shall be binding upon County unless agreed in writing by County and counsel for County.

Notwithstanding any other provision of this Agreement, any disputes concerning any question of fact or law arising under this Agreement or any litigation or arbitration arising out of this Agreement, shall be tried in Merced County, unless the parties agree otherwise or are otherwise required by law.

18. WAIVER
Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder.

19. BREACH OF CONTRACT
Upon breach of this Agreement by City, County shall have all remedies available to it both in equity and/or at law.

20. SUCCESSORS IN INTEREST
All the terms, covenant, and conditions of this Agreement shall be binding and in full force and effect and inure to the benefit of the successors in interest and assigns of the parties hereto. This paragraph shall not be deemed as a waiver of any of the conditions against assignment set forth herein.

21. CONFLICT OF INTEREST
City covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with 7 the performance of this Agreement. City shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors, and the County. City shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables them to influence this Agreement, shall have any direct or indirect financial interest resulting from this Agreement or shall have any relationship to City or their officer or employee nor that any such person will be employed by City in the performance of this Agreement without immediate divulgence or such fact to the County.

22. NONDISCRIMINATION IN EMPLOYMENT, SERVICES, BENEFITS AND

FACILITIES
The parties and any subcontractors shall comply with all applicable federal, state, and local Anti-discrimination laws, regulations, and ordinances and shall not unlawfully discriminate, harass, or allow harassment against any employee, applicant for employment, employee or agent of the other party because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex, sexual orientation, age (over 40), medical condition (including HIV and AIDS), or physical or mental disability. Each party shall ensure that the evaluation and treatment of its employees and applicants for employment, the treatment of the other party's employees and agents, and recipients of services are free from such discrimination and harassment.

The parties represent that they are in compliance with and agree that they will continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), the Fair Employment and Housing Act (Government Code §§ 12900 et seq.), and regulations and guidelines issued pursuant thereto.

The parties shall include this nondiscrimination provision in all subcontracts related to this Agreement.

23. CAPTIONS
The captions of each paragraph in this Agreement are inserted as a matter of convenience and reference only, and in no way define, limit, or describe the scope or intent of this Agreement or in any way affect it.

24. ASSIGNMENT
The parties shall not assign this Agreement, or any part thereof, or interest therein, directly or indirectly, voluntarily or involuntarily, to any person without obtaining the prior written consent of the other party. 8 City hereby assigns to the County all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from the purchase if goods, materials, or services by the City for sale to the County pursuant to this Agreement.

25. SEVERABILITY
If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid, in whole or in part, for any reason, the validity and enforceability of the remaining provisions, or portion of them, will not be affected. Reduced compensation will allow County to withdraw from any service obligation.

26. DUPLICATE COUNTERPARTS
This Agreement may be executed in duplicate counterparts, each of which shall be deemed a duplicate original. The Agreement shall be deemed executed when it has been signed by both parties.

27. LICENSE AND PERMITS
City shall possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of California, County of Merced and all other appropriate governmental agencies, including any certification and credentials required by County.

Failure to maintain the licenses, permits, certificates, and credentials shall be deemed a breach of this Agreement and constitutes grounds for the termination of this Agreement by County.

28. COVID REQUIREMENTS
The parties at their sole expense, shall follow all State and local laws, rules, regulations, guidelines, and orders related to the COVID-19 pandemic in the performance of its work under this Agreement. This shall include, but not be limited to, creating a COVID-19 worksite-specific prevention plan prior to conducting business/activities. The parties are encouraged to frequently reference www.covid19.ca.gov for information on State requirements for operation of specified businesses/activities Signature page to follow
9 County of Merced City of Livingston
By ________ _ By __________ _
Lloyd Pareira Jr.

Chair, Board of Supervisors
Dated
Merced County Sheriff
By _________ _
Vernon H. Warnke
Sheriff-Coroner

APPROVED AS TO LEGAL FORM

MERCED COUNTY COUNSEL
By ___________ _
Dated
10 Vanessa Portillo
Acting City Manager
Dated
RESOLUTION NO. 2022-

RESOLUTION OF THE COUNCIL OF THE CITY OF LIVINGSTON PROCLAIMING

THE EXISTENCE OF A LOCAL EMERGENCY RELATING TO THE THREAT POSED

DUE TO UNDERSTAFFED POLICE DEPARTMENT RESULTING IN A

LACK OF VITAL PUBLIC SAFETY SERVICES
WHEREAS, In November 2021, Merced County Sheriff's Office (MCSO) agreed to assist the City of Livingston providing contracted Interim Chief of Police services through May 22, 2022, or until a permanent Chief of Police is hired. The Sheriff's Office assigned Lieutenant Charles Hale as Interim Chief of Police; and
WHEREAS, In December 2021, the City approved a contract with CPS HR to conduct the executive recruitment for Chief of Police. The approach to the recruitment process included advertising through various law enforcement platforms, government job sites as well as outreach to approximately 1,900 professionals, referral sources and potential candidates. The Chief of Police recruitment closed in February 2022. The recruitment failed to generate the response and/or results desired; and
WHEREAS, the contract was extended by administrative action through September 30, 2022; and
WHEREAS, on April 19, 2022, the City Council rejected the new contract with the MCSO proposed to end June 30, 2023; and
WHEREAS, on May19, 2022, the City Council rejected the proposed contract with the MCSO proposed to end June 30, 2023; and
WHEREAS, on May 20, 2022, the City Council ratified the initial contract extension with the MCSO proposed to end September 30, 2022; and
WHEREAS, on May 20, 2022, the City Council rejected the new contract with the MCSO proposed to end June 30, 2023; and
WHEREAS, on July 26, 2022, the City received a letter from the County of Merced terminating the Interim Police Chief Services effective August 28, 2022, and WHEREAS, on August 2, 2022, the City Council failed to execute the agreement to allow MCSO to provide interim Police Chief Services; and
WHEREAS, leadership continuity in the Police Department is a critical component to the City's success and overall public safety. The City anticipates that absent the Police Chief, uncertainty in the future leadership of the department and without a contract for services with the MCSO, additional Police Officers and Police Department Staff will vacate their positions which will represent inadequate staffing to cover any anticipated and unanticipated absences; and WHEREAS, the anticipated reduction in staffing will be detrimental to the level of police protection necessary to protect the community and provide essential services. Including:

Investigative Services, Evidence Room Management, Administrative Management, Animal Control Services, Dispatching Services; and

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WHEREAS, the health, safety and welfare of Livingston residents, businesses, visitors, and staff is of utmost importance to the City and police protection is necessary to protect the community; and
WHEREAS, the aforesaid conditions of extreme peril warrant and necessitate the proclamation of a Local Emergency to enable the City and other local government entities to adequately plan, prepare and preposition resources to be able to effectively respond to the threat posed the anticipated reduction in Public Safety staffing, to warn City residents of the threat posed by the anticipated reduction in Public Safety staffing, and to enable them sufficient time to plan and prepare.

NOW, THEREFORE, BE IT RESOLVED AND PROCLAIMED by the City Council of the City of Livingston that a Local Emergency exists throughout the City of Livingston.

BE IT FURTHER RESOLVED AND PROCLAIMED that during the existence of said local emergency, the powers, functions and duties of the City Council, City Manager, Disaster Council, the Director of the Disaster Council, and the Director of Emergency Services shall be those prescribed by state law and the ordinances and resolutions of this City, including LMC Chapter 1-

20. BE IT IS FURTHER RESOLVED AND PROCLAIMED that because a substantial threat to public safety exists that has a substantial likelihood that serious harm will be experienced unless immediate action is taken, the City Manager can take any lawful personnel action that protects the safety of the community.

BE IT FURTHER RESOLVED AND PROCLAIMED by the Council that the local emergency shall remain in effect until such time that the Council determines that the emergency conditions have been abated.

Passed and adopted this 2nd day of August, 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 City Council of the City of Livingston this 1 gth day of July, 2022.

Monica Cisneros, Deputy City Clerk
of the City of Livingston

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Livingston City CouncilAugust 2, 2022

Livingston City Council
August 2, 2022