1 CITY COUNCIL REGULAR MEETING AGENDA
OCTOBER 18, 2022
7:00 P.M.
NOTICE: IN ORDER TO MINIMIZE THE SPREAD OF THE COVID-19 VIRUS, THIS MEETING WILL BE CONDUCTED PURSUANT TO 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 October 18, 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 in order for them to be distributed to the Council prior to consideration of the matter. 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. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method). 2 REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2022-59
Next Ordinance No.: 650
Pledge of Allegiance.
Moment of Silence – First Responders and Military Members.
Roll Call.
Changes to the Agenda.
CITIZEN COMMENTS
MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL WILL BE GIVEN THE SAME TIME ALLOTMENT FOR COMMENTS (3 MINUTES) AS NORMALLY ALLOWED FOR MEETINGS SUBJECT TO THE PROVISIONS OF EXECUTIVE ORDER N-08-21
This section of the agenda allows members of the public to address the City Council on any item NOT otherwise on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening. For items which are on the agenda this evening members of the public will be provided an opportunity to address the City Council as each item is brought up for discussion.
AWARDS, PRESENTATIONS, PROCLAMATIONS
1. Presentation by Mayor Aguilar: Proclamation Recognizing Fire Prevention Week
2. Presentation by Mayor Aguilar: Proclamation Recognizing Breast Cancer Awareness Month
3. Presentation by Martha Nateras: Breast Cancer Awareness
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.
4. WAIVING OF READING OF ORDINANCE AND RESOLUTIONS
3 City Council Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading the Title only, Unless Otherwise Requested by the Mayor or a Council Member
5. AUTHORIZE REMOTE TELECONFERENCE MEETINGS
Resolution Proclaiming a Local Emergency and Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Livingston Pursuant to Brown Act Provisions
6. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated September 29, 2022
7. APPROVE AMENDMENT TO STANDARD AGREEMENT FOR THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM-CORONAVIRUS RESPONSE ROUND 2 AND 3
Resolution Approving An Amendment to the Standard Agreement for the 2020 Community Development Block Grant Program-Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3) NOFA Dated December 18, 2020
8. APPROVE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN MERCED
COUNTY AND CITY OF LIVINGSTON FOR FEMA GRANT APPLICATION Resolution Approving Memorandum of Understanding (MOU) between Merced County and the City of Livingston for FEMA Grant Application and Authorize the City Manager to Execute Grant Related Documents
9. INFORMATIONAL ONLY ON THE COORDINATION BY MERCED COUNTY
ASSOCIATION OF GOVERNMENTS FOR A MULTIJURISDICTIONAL HOUSING
ELEMENT
Informational Only on the Coordination by Merced County Association of Governments (MCAG) for a Multijurisdictional Housing Element
DISCUSSION AND POTENTIAL ACTION ITEMS
10. APPROVE FIRE SERVICES AGREEMENT WITH MERCED COUNTY FOR FIRE
SERVICES, STAFFING AUGMENTATION AND CREATE A PROJECT FOR FIRE
STATION REFURBISHMENT
Resolution Approving the Memorandum of Understanding Between Merced County and the City of Livingston for Fire Protection Services and Staffing Augmentation through December 31, 2032
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 "Cit}!•) 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 ls 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 (CWI081SS.1}
without compliance with Government Code section 54953, subdivision (b)(3), as authorized by Section 54953, subdivision (e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Section 54953, subdivision {e)(2}; and
WHEREAS, pursuant to Government Code section 54953, subdivision {e)(3}, in order to continue to teleconference without com pllance with Government Code section 54953, subdivision (b}{3), the City Council shall, not 30 days after teleconferencing for the flrst time pursuant to this Resolution, and every 30 days thereafter, make the following findings by majority vote: The leglslative body has reconsidered the circumstances of the state of emergency and any of the following conditions exist: {1} The state of emergency continues to directly Impact the ability of the members to meet safely in person or (2) state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City reserves the option to hold in-person meetings, consistent with local health officer directives, or to continue a practice of remote meetings that still allow multiple options for public participation.
NOW, THEREFORE, THE CITY OF COUNCIL OF THE CITY OF LIVINGSTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Proclamation of Local Emergency. The City Council hereby proclaims that a local emergency exists throughout the City, and that the legislative body meeting In person could present imminent risks to the health and safety of attendees due to the prevalence of COVI D-19 In Merced County and the state, such that the City reserves the right to continue virtual meetings or conduct in-person meetings, consistent with local health guidance or duly issued orders.
Section 3. Remote Teleconference Meetings. The legislative body and Its General-Manager and designees of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings In accordance with Government Code section 54953, subdivision (e), and other applicable provisions of the Brown Act.
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earner 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 whid'l 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:
(CWIOSISS.l)
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST;
Mayor Aguilar and Council Members Baptista-Soto, Kang, and Garcia None
None
Council Member Moran ....
u ill'SIIJJf~ullar Jr., Mayor
e City of Livingston
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this Sll1 day of October, 2021 .
/kK- ~
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
tCWIOIIISS.11
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Warrant Register September 29, 2022
October 18, 2022
Nancy Fuentes, Accounting Technician
Vanessa Portillo, City Manager
RECOMMENDATION:
Ratify the warrant register dated September 29, 2022
DISCUSSION:
1ce -YE::/-\ - h -
V
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:
September 8, 2022- September 29, 2022
GENERAL WARRANTS .......................... $
PAYROLL/WIRE WARRANTS .................. $
TOTAL WARRANTS .............................. $
ATTACHMENTS:
540,238.32
191,914.90
732,153.22
Warrant Register (summarized by date and check number)
7483-7547
2300-2329
Accounts Payable
Checks by Date - Summary by Check Date
User: nfuentes
Printed: 9/29/2022 4:28 PM
Check No Vendor No Vendor Name
7483 1035 Chris Alexander
7484 250 Alhambra
7485 397 American Fidelity Assurance Company
7486 9 15 Applegate Teeples Drilling Co., Inc.
7487 736 ARA, Inc.
7488 445 Axon Enterprise, Inc.
7489 1039 Jacquie Benoit
7490 944 Best Best & Krieger LLP
7491 546 Bogie's Pump Systems
7492 10 19 Buchalter
7493 386 California Smog and Repair
7494 1041 California Water Environment Association
7495 272 Charter Communications Hold ings, LLC
7496 1038 Juanita Chavez
7497 1037 Joseph Chavez Jr.
7498 291 City of Livingston c/o L &L District lrrigati
7499 293 Department or Justice Accounting Office
7500 816 Elite Uniforms
750 1 455 Ernest Packaging Solutions
7502 163 EZ Auto Supply
7503 295 Ferguson Waterworks# 1423
7504 260 First Communications, LLC
7505 188 Frontier
7506 164 Garza Tire & Whee l, Inc
7507 844 Harrington Industrial Plastics, LLC
7508 1042 Hawk Analytics, LLC
7509 81 I Pete Hulse, DYM, Pa Hilmar Animal Hospi
7510 358 Hilmar Ready Mix Rockery Nursery, LLC
7511 267 Hoffman Security
75 12 388 Interstate Battery System or Fresno
75 13 520 Interstate Truck Center
7514 686 JJC Security System Solutions
7515 1043 Narkesh Kumar
75 16 318 La Rue Communications
75 17 268 Language Line Services, Inc.
75 18 855 LCAction Police Supply
75 19 497 Merced County SherifT
7520 278 Merced Irrigation District
752 1 269 Merced Pest Control
7522 595 Metro Uniform Merced
7523 180 Mission Linen Service
7524 199 Northstar Chemical
7525 302 Office Depot, Inc.
7526 205 Paramount Pest Services
7527 203 PG&E
7528 405 Premier Access Insurance Company
7529 849 Ray Morgan Company
AP Checks by Date - Summary by Check Date (9/29/2022 4:28 PM) Check Date
09/15/2022
09/15/2022
09/ 15/2022
09/15/2022
09/ 15/2022
09/ 15/2022
09/15/2022
09/ 15/2022
09/ 15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/ 15/2022
09/15/2022
09/15/2022
09/ 15/2022
09/15/2022
09/ 15/2022
09/15/2022
09/15/2022
09/15/2022
09/ 15/2022
09/15/2022
09/ 15/2022
09/ 15/2022
09/15/2022
09/ 15/2022
09/15/2022
09/15/2022
09/15/2022
09/ 15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/ 15/2022
09/15/2022
09/ 15/2022
09/15/2022
City of Livingston
1416 C Street
Livingston, CA 95334
Check Amount
500.00
432.53
1,691.60
3,000.00
2,197.92
2,807.65
939.57
12, 131.40
7,003.75
2,935.50
520.00
100.00
312.59
150.00
300.00
16,253.99
748.00
75.76 4,432.33
58.35 2,647.94
16.04 4,688.46
449 03
1,436.66
2,995.00
150.00
183.18
505.90
149.56
338.74
675.00
80.00 1,941.00
133.48
517.04
14,645.68
57,804.58
80.00 808.13
88.40 2,268.53
684.42
296.00
91,491.99
I, 179.40
101.82
Page I
Check No Vendor No Vendor Name Check Date Check Amount
7530 605 Razzari Auto Centers 09/15/2022 51,247.94
753 1 433 Razzari Ford 09/ 15/2022 7,660.92
7532 673 Robie Refrigeration, Inc. 09/15/2022 308.34
7533 691 Seegers Printing 09/ 15/2022 140.73
7534 439 Sharpening Shop 09/15/2022 414.38
7535 307 Shred-It, C/O Stericycle, Inc. 09/ 15/2022 852.57 7536 323 Springbrook Holding company LLC 09/ 15/2022 2,045.00 7537 440 Target Specialty Products 09/15/2022 1,292.58
7538 3 11 TBA Auto Parts 09/15/2022 613.61
7539 564 Texas Life Insurance 09/ 15/2022 84.80
7540 1036 The Water Connection, Inc 09/15/2022 750.00
7541 542 TNB Towing & Recovery 09/ 15/2022 330.00
7542 1034 TNT Fireworks 09/ 15/2022 100.00
7543 3 10 Totlcom, Inc. 09/15/2022 382.72
7544 422 U.S. Bank Corporate Payment Systems 09/15/2022 15,353.28 7545 3 14 Valley Coffee 09/15/2022 51.60
7546 367 Verizon Wireless 09/15/2022 1,391.14
7547 287 West Coast Code Consullants, Inc. 09/ 15/2022 12,545.93 Total for 9/ 15/2022: 338,512.46
7548 25 1 ABS Direct, Inc. 09/29/2022 131.61
7549 395 Administrative Solution, Inc. 09/29/2022 75.00 7550 1057 Antonio Aguilar 09/29/2022 100.00
755 1 755 Diana Aguilar 09/29/2022 150.00
7552 UB*02010 JESUS AGUILAR 09/29/2022 242.26
7553 747 All Star Elite Sports 09/29/2022 1, 144.46
7554 397 American Fidelity Assurance Company 09/29/2022 845.80 7555 253 AT&T 09/29/2022 236.46
7556 1039 Jacquie Benoit 09/29/2022 737.50
7557 UB*02009 WALTER BRUNETTO 09/29/2022 411.27
7558 909 Canon Financial Services, Inc. 09/29/2022 393.99 7559 681 Central Valley Umpire Association 09/29/2022 308.00 7560 1054 Florencio Cervantes 09/29/2022 150.00
7561 1044 Vanessa Chavez 09/29/2022 150.00
7562 772 CLEARS, Inc. 09/29/2022 50.00
7563 UB*0200 1 CONCO WEST, INC. 09/29/2022 352.64
7564 463 CopWare, Inc. 09/29/2022 705.00
7565 787 Custom Weed Control Inc. 09/29/2022 400.00
7566 293 Department of Justice Accounting Office 09/29/2022 570.00 7567 757 Anita Dhillon 09/29/2022 376.00
7568 548 Doras Fashion 09/29/2022 2,413.00
7569 890 Embroidery Plus 09/29/2022 667.35
7570 163 EZ Auto Supply 09/29/2022 202.78
7571 1056 Rigoberto Fierro 09/29/2022 150.00
7572 1040 Flock Safety 09/29/2022 18,182.82
7573 1046 Foster Farms 09/29/2022 200.00
7574 188 Frontier 09/29/2022 394.07
7575 387 Frontier Communications Corp Frontier Co 09/29/2022 151.32 7576 1055 Cris Fuentes 09/29/2022 150.00
7577 164 Garza Tire & Wheel, Inc 09/29/2022 218.98
7578 262 Gilton Solid Waste 09/29/2022 101,080.97
7579 1059 Angelo Gonzalez 09/29/2022 250.00
7580 1049 Robert Haugh 09/29/2022 2,000.00
758 1 1053 Rosa Hernandez 09/29/2022 100.00
7582 482 Hi-Tech EVS, Inc, 09/29/2022 10,397.46
7583 932 Cynthia Huddleston-Bennett 09/29/2022 800.00
AP Checks by Dale - Summary by Check Date (9/29/2022 4:28 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
7584 501 Hunt & Sons, Inc. 09/29/2022 8,906.35
7585 388 Interstate Battery System of Fresno 09/29/2022 299. 12 7586 686 JJC Security System Solutions 09/29/2022 9,327.15 7587 570 Jocelyn E. Roland, Ph.D., ABPP 09/29/2022 475.00 7588 464 Johnson Controls Fire Protection LP 09/29/2022 4,128.48 7589 476 Jorgensen Company 09/29/2022 502.89
7590 167 Kimball Midwest 09/29/2022 258.79
7591 615 McClatchy Company LLC 09/29/2022 808.07
7592 980 Clint McFadden 09/29/2022 800.00
7593 477 Tommy Mej ia 09/29/2022 70.00
7594 1048 Nestor Mendoza 09/29/2022 500.00
7595 1050 Ana Millan 09/29/2022 150.00
7596 180 Mission Linen Service 09/29/2022 648.37
7597 270 Modern Air Mechanical 09/29/2022 463.00
7598 194 Modesto Welding Products 09/29/2022 21.00
7599 1058 Alesia Moreno 09/29/2022 150.00
7600 1045 NetMotion Sol1:ware, Inc. 09/29/2022 633.70
760 1 490 NoraTek Solutions, Inc. 09/29/2022 4,728.15
7602 199 Northstar Chemical 09/29/2022 3,169.47
7603 302 Office Depot, Inc. 09/29/2022 152.50
7604 437 Operating Engineers Local 3 09/29/2022 288.00
7605 438 Operating Engineers Local 3 09/29/2022 469.00
7606 UB*02007 ALONDRA PADILLA 09/29/2022 309.39
7607 1051 Edgar Perez 09/29/2022 150.00
7608 203 PG&E 09/29/2022 7.39
7609 405 Premier Access Insurance Company 09/29/2022 1,467.55 76 10 554 Alvaro Ramirez 09/29/2022 283.50
7611 673 Robie Refrigeration, Inc. 09/29/2022 335.55
76 12 1047 Julio Ruiz 09/29/2022 6,900.00
7613 450 S & A Manufacturing 09/29/2022 66.27
76 14 499 Safety-Kleen Systems, Inc. 09/29/2022 69. 10
7615 636 Gabriel R. Salazar 09/29/2022 262.50
7616 739 Self- Help Enterprises 09/29/2022 838.45
7617 UB*02008 FRANK SEQUEIRA 09/29/2022 700.05
76 18 UB*02006 SINCLAIR GENERAL ENGINEERING 09/29/2022 698.20 7619 598 Standard Insurance Company RB 09/29/2022 1,012.08 7620 393 State of California 09/29/2022 635.83
7621 542 TNB Towing & Recovery 09/29/2022 570.00
7622 313 U.S. Bank Equipment Finance 09/29/2022 449.00
7623 1017 Debt Management Services U.S. Departme1 09/29/2022 69.26 7624 935 Allison DeAnn Van Guilder 09/29/2022 800.00
7625 1052 Doug Yang 09/29/2022 150.00
7626 367 Verizon Wireless 09/29/2022 2, 138.98
7627 504 YIP Audio Visual Company, Inc 09/29/2022 1,000.00 7628 608 Vision Service Plan- CA 09/29/2022 974.98
Total for 9/29/2022: 201,725.86
Report Total ( 146 checks): 540,238.32
AP Checks by Date - Summary by Check Date (9/29/2022 4 :28 PM) Page 3 AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
RECOMMENDATION
STAFF REPORT
RESOLUTION APPROVING THE ADOPTION OF AN AMENDMENT TO
THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMCORONAVIRUS RESPONSE BUSINESS ASSISTANCE PROGRAM AGREEMENT (20-CDBG-CV2-3-00006)
October 18, 2022
Jennifer Riedeman, Finance Director
Vanessa Portillo, City Manager
Staff recommends that the City Council adopt a Resolution Approving an amendment to the City of Livingston's CDBG-CV Business Assistance Program Agreement (20-CDBG-CV2-3-00006) and authorize the City Manager to execute all necessary HCD documents.
BACKGROUND
On February 8, 2021 , the city submitted an application for the 2020 CDBG CV2-3 Grant in the amount of $200,000 to assist local business impacted by COVID-19 with recovery. On April 23, 2021, the city received authorization to incur cost and commenced assistance. Concurrently, the city also submitted an application for the 2020 CDBG CV2-3 Grant in the amount of $131 ,720 to assist local residence with rent, mortgage and utility payments and was granted authorization to incur cost starting June 20, 2021.
DISCUSSION
As of April 30, 2022, no business has been assisted under the City's Business Assistance program, despite ongoing marketing, $192,541 .26 in assistance payment funds remain. Within this same time frame the City was able to provide rent, mortgage and/or utility assistance to 64 households in Livingston fully expending the $131 ,720 in funds awarded.
At this time additional demand exist to aid Livingston's households with rent, mortgage, and/or utilities; however, no other programs are available. There are no pending applications for business assistance, nor has there been any interest shown in the program since December 29, 2021 . Therefore, staff recommends that the Business Assistance Program be amended to repurpose funding for a Subsistence Payment Program activity to ensure full expenditure of the grant prior to the expiration date November 1, 2023.
FISCAL IMPACT
While there is no direct cost associated with this amendment, the City's eligible residents will be able to access these funds to reduce their outstanding balance on their utility account.
ATTACHMENTS
1. Resolution of the City Council of the City of Livingston Approving the amendment of Business Assistance Program into a Subsistence Payment Program Activity.
RESOLUTION NO. 2022-
A RESOLUTION APPROVING AN AMENDMENT TO THE STANDARD AGREEMENT FOR THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMCORONAVIRUS RESPONSE ROUND 2 and 3 (CDBG-CV2 and CV3) NOFA DATED DECEMBER 18, 2020
BE IT RESOLVED by the City Council of the City of Livingston as follows:
SECTION 1:
The City Council has reviewed and hereby approves the submission to the State of California ("State") of one or more amendments to its existing CDBG-CV2 and CV3 Standard Agreement with the State numbered 20-CDBG-CV2-3-00006 (the "Standard Agreement") pursuant to the State's December 2020 CDBG-CV2 and CV3 Notice of Funding Availability (NOFA). The reviewed and approved amendment(s) are presented in Section 2 of this Resolution.
SECTION 2:
The following amendments to the Standard Agreement have been reviewed and approved by the City Council with acknowledgement that all provisions of the Standard Agreement other than those shown in the tables below shall remain unmodified.
Existing Section Reference (if applicable):
Existing Provision: Provide Business Assistance to income eligible business owners/and or create/retain job for those with incomes at or below 80% of the County AMI, for the purpose of aiding businesses impacted by COVID-19 within the City of Livingston.
Amended Provision: Provide Subsistence payments (rent, mortgage, and/or utilities) to lowincome households/individuals impacted by COVID-19 living within the City of Livingston.
Subsistence Program will repurpose $192, 541 .26 in payment assistance.
SECTION 3:
The City acknowledges compliance with all state and federal public participation requirements with respect to the proposed amendments to the Standard Agreement described in Section 2 above.
SECTION 4:
The City hereby authorizes and directs the City Manager, or designee*, to execute and deliver all applications and/or amendments and act on the City's behalf in all matters pertaining to all such applications and/or amendments.
SECTION 5:
If an amendment to the Standard Agreement is approved as contemplated above, the City Manager, or designee*, is authorized to enter into, execute, and deliver an amendment to the Department of Housing and Community Development
Revised 10/15/21 2022 CDBG NOFA
Standard Agreement and any and all other documentation which may be required by the State from time to time for the purposes of this grant.
SECTION 6:
If an amendment to the Standard Agreement is approved, the City Manager, or designee*, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with this grant.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Livingston held on October [ ], 2022 by the following vote:
[Instruction: Fill in all four (4) vote-count fields below. If none, indicate "O" for that field.] AYES: __ _
ABSENT: ---
STATE OF CALIFORNIA
City of Livingston
NOES: __ _
ABSTAIN: ---
Juan Aguilar Jr., Mayor
Of City of Livingston
I, Leticia Vasquez-Zurita, City Clerk of the City of Livingston , State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this_ day of ___ ~ 2022.
Leticia Vasquez-Zurita, City Clerk of the City of
Livingston , State of California
By: -,---,-----.,----,-=---,--
Leticia Vasquez-Zurita, City Clerk
Department of Housing and Community Development
Revised 10/15/21 2022 CDBG NOFA
AGENDA ITEM:
MEETING DATE:
REVIEWED BY:
STAFF REPORT
Resolution Approving Memorandum of Understanding (MOU)
between Merced County and the City of Livingston for FEMA Grant Assistance and Authorize the City Manager to Execute related Grant Documents
October 18, 2022
Vanessa Portillo, City Manager
RECOMMENDED COUNCIL ACTION:
Staff recommends that City Council adopt a resolution to authorize the MOU between Merced County and the City of Livingston for FEMA Grant Assistance for Fire Equipment and authorize the City Manager to execute related documents.
BACKGROUND/DISCUSSION:
Merced County is applying for a grant through FEMA to replace all the region's self-contained breathing apparatus (SCBA) approaching their useful service life. If successful, through this collaborative effort, Merced County will replace all of the SCBA's on County and City fire engines.
As part of the grant application guidelines, each benefiting City is required to complete a MOU with the agency applying for funding before the grant application's submittal, in this case, Merced County. The grant application period is estimated to open in November/December 2022.
The MOU assigns Merced County as the lead agency to apply for FEMA funds for equipment replacement. As the lead agency, Merced County assumes responsibility for the grant management, tracking, and reporting of used funds. In addition, Merced County will cover the required 10% match funds for all agencies. The terms of the MOU have been reviewed and approved by the City's and County's Legal Counsel.
FISCAL IMPACT:
There is no fiscal impact with the MOU approval. If FEMA awards the grant to Merced County, the lead agency will be responsible for all purchases and tracking of the funds.
ATTACHMENTS:
1. Resolution Approving Memorandum of Understanding (MOU) between Merced County and the City of Livingston for FEMA Grant Assistance and Authorize the City Manager to Execute related Grant Documents
2. Memorandum of Understanding Between County of Merced and City of Livingston, on behalf of its Fire Department for Joint Self-Contained Breathing Apparatus Purchase Through the FEMA Assistance to Firefighters Grant
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN MERCED
COUNTY AND THE CITY OF LIVINGSTON FOR FEMA GRANT APPLICATION AND
AUTHORIZE THE CITY MANAGER TO EXECUTE GRANT RELATED DOCUMENTS WHEREAS, THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the County of Merced ("Merced County") and the City of Livingston for the purposes set forth below; and
WHEREAS, Merced County and the City of Livingston are committed to working together in providing high-quality emergency services; and
WHEREAS, Merced County shall be the "Lead Agency" for the purpose of applying for an Assistance to Firefighters Grant (AFG) and managing the funds for purchasing SelfContained Breathing Apparatus (SCBA) and associated supportive equipment for the agencies involved. The City of Livingston shall be the "Partner Agency."; and WHEREAS, Merced County will provide the funding for the required ten percent (10%) matching cost for the equipment to be purchased using grant funds that may be awarded; and
WHEREAS, the City of Livingston desires to acquire and place SCBA Equipment on its emergency response vehicles for use by their First Responder personnel; and WHEREAS, the application prepared and approved by Merced County and the City of Livingston is to be submitted to the Federal Emergency Management Agency (FEMA); and
WHEREAS, the Finance Department will make the necessary adjustments to the budget to align appropriate revenue and 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.
Page I of2
Passed and adopted this 18th day of October, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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 18th day of October, 2022.
Leticia Vasquez-Zurita, Deputy City Clerk
of the City of Livingston
MEMORANDUM OF UNDERSTANDING
Between
County of Merced, on behalf of its Fire Department and City of Livingston, on behalf of its Fire Department
Joint Self-Contained Breathing Apparatus Purchase Through the FEMA Assistance to Firefighters Grant
INTERAGENCY PARTICIPATION PROCESS
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the County of Merced ("Merced County") and the City of Livingston for the purposes set forth below.
WHEREAS, Merced County and the City of Livingston are committed to working together in providing high-quality emergency services.
WHEREAS, Merced County shall be the "Lead Agency" for the purpose of applying for an Assistance to Firefighters Grant (AFG) and managing the funds for purchasing SelfContained Breathing Apparatus (SCBA) and associated supportive equipment for the agencies involved. The City of Livingston shall be the "Partner Agency." WHEREAS, Merced County will provide the funding for the required ten percent (10%) matching cost for the equipment to be purchased using grant funds that may be awarded.
WHEREAS, the City of Livingston desires to acquire and place SCBA Equipment on its emergency response vehicles for use by their First Responder personnel; and WHEREAS, the application prepared and approved by Merced County and the City of Livingston is to be submitted to the Federal Emergency Management Agency (FEMA).
OBJECTIVE OF AGREEMENT
The primary objective of this MOU is to establish a purchasing group for the purpose of replacing SCBAs which are at the end of their service life. The group will also be purchasing additional masks. See the table below for specific allocations of equipment. 2022 AFG SCBA Equipment Grant Count
Fire Department Pack Mask
City of Livingston 10 10
By forming this purchasing group critical benefits will be achieved; improved interoperability, increased purchasing power which will lower the unit pricing, better customer support from the manufacturer, and a thorough evaluation of the units in the marketplace. Most importantly, a long-term benefit will be the support each agency will be able to provide to the partner agency in servicing units and reducing duplication.
OBJECTIVE OF REGIONAL AFG SCBA PURCHASE
The primary objective of the Regional AFG SCBA purchase is to increase the Central Valley's regional interoperability and to enhance the local capabilities of each community therefore enhancing national capabilities.
RESPONSIBILITIES OF THE PARTIES
The Lead Agency agrees to apply for the AFG, to manage the funds from the grant award, ensure that a competitive and fair purchasing process is followed, and to initiate the purchase with the vendor.
The Lead Agency agrees to:
• Provide funding for ten percent (10%) (agency match) of the matching cost for equipment to be purchased
• Oversee the grant implementation and coordinate with the grantor • Act as the fiscal agent for the grant by:
• Invoicing the Partner Agency for payment of its cost share of equipment • Arranging payment to vendor
• Preparing and submitting fiscal and program reports to grantor • Auditing and tracking grant funds and deliverables
• Manage grant activities, including but not limited to, project and fiscal reports for grantor
• Coordinate with the Partner Agency throughout the grant term • After receiving input from the Partner Agency, make the final determination of the SCBA equipment to be ordered
• Coordinate procurement of the SCBA equipment and make final procurement decisions
• Procure the SCBA equipment in compliance with local and Federal procurement policies and requirements
• Deliver the SCBA equipment to the Partner Agency subject to execution by both parties of an Agreement that governs the ownership and use of the equipment purchased with the funds that may be awarded under the AFG application • Maintain documentation of any changes to the award and/or distribution, compared to the original application
• Ensure payment and compliance of all partners included in the grant • Ensure that all activities comply with the terms of the Notice of Funding Opportunity (NOFO), Award, federal regulations, laws, and Executive Orders as applicable The Partner Agency agrees to:
• The Partner Agency will provide the following assigned liaison(s):
• Proiect Lead: Primary point of contact responsible for SCBA equipment • Promptly provide any additional documentation to Lead Agency as requested which may be necessary in connection with the AFG
• Ensure all documents demonstrating programmatic completion are completed in a timely manner, are accurate, and forwarded to the designated Lead Agency contact
• Maintain all SCBA equipment and grant records, files, and supporting documentation in the event of an audit for three years after the official closeout • Ensure that all activities comply with the terms of the host/lead agency, Notice of Funding Opportunity (NOFO), Award, federal regulations, laws, and Executive Orders as applicable
• Collaberate with Lead Agency on an Agreement that governs the ownership and use of the equipment purchased with the funds that may be awarded under the AFG application
DURATION OF MOU
The MOU will be in effect from the latest date of signing stated with the Parties' signatures until either of the agencies receive notification that the grant was not successful, or the grant is received, and the units have been distributed to each agency. It is expected that all work can, and will, be completed within one (1) year of the grant award.
TERMINATION
This MOU will be difficult to terminate once the grant has been accepted. Due consideration shall be taken prior to signing the MOU. If an agency wishes to terminate prior to accepting the grant, then the grant could be modified for that agency to be removed. However, after the grant has been accepted it will be difficult and would be dependent on the restrictions and processes set forth and enforced by FEMA. If an agency wishes to withdraw from the MOU, then written notification must be given to all agencies immediately for consideration due to timing constraints.
AMENDMENTS
This MOU may be amended at any time by written agreement of all agencies. Such requests will only be approved if the proposed change(s) is/are consistent with and/or achieve the goals.
HOLD HARMLESS AND INDEMNIFICATION
Each party to this Agreement shall protect, indemnify, and hold harmless every other party and their officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever arising from actions by such party and/or its subcontractors pursuant to this MOU. Each party shall defend at its own expense and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought forth and arising out of or incident to such party's execution of, performance of failure to perform this MOU.
SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions.
NOTICE
Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the party at the addresses provided:
City Manager
1416 C Street
Livingston, CA 95334
(209)-394-5550
All notices mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices sent via certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmarked affixed by the United States Postal Service shall be conclusive evidence of the date of mailing.
ENTIRE AGREEMENT
This MOU constitutes the entire Agreement between the parties. There are no terms, obligations, covenants, or conditions other than those contained herein. No modifications or amendments of this MOU shall be valid or effective unless evidenced by an agreement in writing signed by all parties.
COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable laws, rules, and regulations pertaining to them in connection with the matters covered herein. This MOU shall be deemed to be made and construed in accordance with the laws of the State of California. Jurisdiction and venue for any action arising out of this MOU shall be in Merced County, California.
Signature page to follow
IN WITNESS WHEREOF this Agreement has been executed by each party on November 1, 2022:
Merced County
By:
Lloyd Pareira
Chairperson, Board of Supervisors
By:
Mark Pimentel
Merced County Fire Department, Chief
(SEAL)
City of Livingston
By:
Vanessa Portillo
City Manager
(SEAL)
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
RECOMMENDATION
STAFF REPORT
INFORMATION ONLY ON THE COORDINATION BY MERCED
COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) FOR A
MULTIJURISDICTIONAL HOUSING ELEMENT.
October 18, 2022
Jennifer Riedeman, Finance Director
Vanessa Portillo, City Manager
Staff is providing this item as information only to City Council to provide information on the City of Livingston's participation in the MJHE process. Staff will bring a consent item to Council in November for Council discussion and decision.
BACKGROUND
California housing element law requires every jurisdiction to prepare and adopt a housing element as part of its general plan. Historically, in California, it is typical for each city or county to prepare and maintain its own separate general plan and housing element. However, staff from the cities of Merced, Atwater, Livingston, Gustine, Los Banos, Dos Palos, and the County of Merced, are discussing embarking on the region's first multijurisdictional housing element (MJHE) for the sixth round of housing element updates. While legislative changes have increased the cost and complexity of the housing element since the fifth cycle, there are some advantages in pursuing a joint effort, including cost savings due to economies of scale and a cohesive approach to addressing new state requirements. As a result, local members are exploring the potential with MCAG to develop a sixth cycle multijurisdictional housing element, as is currently being done in other MPO regions in the San Joaquin Valley.
State housing element requirements are framed in Government Code, Sections 65580 through 65589, Chapter 1143, Article 10.6. The law requires the State Department of Housing and Community Development (HCD) to administer the law by reviewing housing elements for compliance with state law and by reporting its written findings to the local jurisdiction. State housing element law mandates that housing elements be updated every eight years.
Additionally, a certified housing element is a key requirement to qualify for numerous state grants and funding, some of which are listed in Attachment A.
Multijurisdictional Housing Element (MJHE)
The primary objective of the MJHE is, through a regional effort, to prepare individual plans for each jurisdiction with both regional and local components, addressing housing needs to be certified by the state. Due to timeline constraints, it is anticipated that any required rezone would be included as a program in the participating jurisdiction's housing element to be completed after adoption. The sixth cycle housing elements will cover the planning period of January 31 , 2024, through January 31, 2032, and must be adopted and submitted to HCD for certification by February 18, 2024.
As the recipient and administrator of the REAP 1.0 funds being used to help offset the cost of the MJHE, MCAG is offering to act as the fiscal agent and contract administrator for the MJHE.
STAFF REPORT
Several MPOs in the San Joaquin Valley are serving in similar capacities on behalf of their member agencies who have decided to pursue a MJHE this cycle.
MCAG coordinated with jurisdiction staff to develop a request for proposals for a consultant to develop the sixth cycle MJHE. Following final review from the REAP Work Group at its September 1, 2022, meeting, MCAG released the RFP on September 2. Proposals are due September 30 and a consultant selection committee comprised of representatives from each participating jurisdiction will evaluate proposers and recommend a preferred consultant to the Governing Board at its December 15, 2022 meeting. Tasks included in the preliminary scope of work are listed below.
PRELIMINARY SCOPE OF WORK
• TASK 1. PROJECT MANAGEMENT
• Project Management
• Working Group
• TASK 2. DATA GATHERING AND ASSESSMENT
• TASK 3. COMMUNITY ENGAGEMENT
• TASK 4. MULTI-JURISDICTIONAL HOUSING ELEMENT PREPARATION • Countywide Housing Element Components
• Jurisdiction-Specific Housing Element Components
• TASK 5: DRAFT HOUSING ELEMENTS AND REVIEW
• TASK 6: ENVIRONMENTAL COMPLIANCE
• TASK 7: FINAL DOCUMENTS AND ADOPTION
A kickoff meeting with the consultant and participating jurisdictions will be scheduled for January 2023. While the statutory deadline for the Merced region sixth cycle housing element updates is February 18, 2024, there is a 120-day grace period. It's anticipated that all work will be completed by June 18, 2024.
DISCUSSION
MCAG and staff of local jurisdictions are coordinating a multijurisdictional housing element for the sixth cycle update. While typically in California, cities and counties prepare the required housing element updates individually, a joint effort has advantages, including economies of scale and a cohesive approach to addressing new requirements and coordination with the California Department of Housing and Community Development (HCD}, who must certify each jurisdiction's housing element update by February 18, 2024. MCAG issued a request for proposals for a consultant to develop a sixth cycle multijurisdictional housing element on September 2, 2022. In partnership with local jurisdictions, MCAG developed a draft cost sharing agreement to share the cost of the multijurisdictional effort. The final contract amount will be available once a preferred consultant is selected in late October, but the contract is estimated to be $1,000,000, with approximately half covered by MCAG's REAP 1.0 funding. MCAG is requesting that jurisdictions participating in the joint effort provide a resolution confirming their participation by December 1, 2022, prior to requesting the Governing Board to approve the contract at its December 15 meeting. Upon receipt of the signed resolution, MCAG will issue each participating jurisdiction a deposit invoice, per the cost sharing agreement, to assist MCAG with the cashflow for the large contract. Deposits will be due December 30, 2022.
STAFF REPORT
FISCAL IMPACT
Jurisdictions will be responsible for a portion of their share of the MJHE. It's estimated that the consultant contract will be approximately $1 ,000,000, and that approximately $480,000 of MCAG's REAP 1.0 funding will go towards the joint effort. In addition, MCAG is requesting $35,000 for staff time to manage the contract and assist with project coordination. MCAG has coordinated with local jurisdictions to develop a draft cost sharing agreement for the remaining $555,000, which is included as Attachment B. The cost sharing agreement will be updated with the final costs once a consultant is selected at the end of October. The estimate for the City of Livingston is $55,954.
POLICY AL TERNATIVE(S)
Jurisdictions may choose to not participate in the multijurisdictional housing element process and hire their own consultant. It's anticipated that the cost would be significantly higher to prepare an individual housing element update. Furthermore, some of the consequences of a delayed certified housing element, or not preparing one at all, are outlined in Attachment A.
NEXT STEPS
Staff will continue to coordinate with MCAG and bring a resolution to participate and the final cost sharing agreement to Council for approval in November 2022. The deadline to provide MCAG the signed resolution is December 1, 2022, and the monetary deposit to participate will be due December 30, 2022. MCAG staff will request the Governing Board to authorize the MCAG Executive Director to enter into an agreement with the preferred consultant at the December 15, 2022 meeting.
ATTACHMENTS
Attachment A: MJHE Info Sheet
Attachment B: DRAFT Cost Sharing Agreement
MERCED COUNTY
ASSOCIATION OF
GOVERNMENTS
Merced County Sixth Cycle
Multi-Jurisdictional Housing Element
EXHIBIT A
California housing element law requires every jurisdiction to prepare and adopt a housing element as part of their required general plans. Historically each jurisdiction has prepared its own separate general plan and housing element. However, with the onset of the new Affirmatively Furthering Fair Housing requirements for the sixth cycle housing elements, some jurisdictions in other regions are deciding to pursue a multi-jurisdictional housing element to address the added complexity and cost. This is a unique but increasingly popular approach to ensuring all local jurisdictions within the county are compliant with housing element law. Timely compliance is important as many grants and funding opportunities require a current housing element.
Challenges of 6th Cycle Housing Elements
• New legislation has increased the level of analysis and community engagement, added new requirements for suitable sites inventory, and robust requirements related to fair housing • The complexity of the new requirements equate to a substantial commitment in cost and staff time • The added components require more time -we need to start ASAP (due Feb 2024, and this typically takes 18-24 months to prepare)
• The housing element update will trigger other required general plan updates: safety element (SB 379) and environmental justice element (SB 1000)
Opportunities with a Multi-jurisdictional Effort
• Economies of scale: the required background report, standardized policies and programs, CEQA compliance, and a combined community engagement effort will save jurisdictions time and money • Compliance with housing element law for jurisdictions that may not have the staff or funding to pursue an individual housing element
• A cohesive approach to addressing new requirements and coordination with HCD, the state agency in charge of certifying the housing element
• Requires only one consultant procurement at a time when housing consultants are in high demand Target Timeline for Next Steps
Sept. 2, 2022 Dec. 1, 2022 January 2023 February 2024
MCAG released
RFP for consultant
(Due Sept. 30}
Additional Details
Deadline for jurisdictions to
adopt resolution confirming
participation.
Dec. 15: Consultant contract to
MCAG Gov. Board for approval
Dec. 30: Deposit to MCAG due
Project Kick-Off MJHE must be
adopted by each
jurisdiction and
certified by HCD
(120-day grace period)
• The total consultant contract is unknown until proposals are received but is estimated at $1 million.
This cost can be offset with REAP 1 funds but will otherwise be the responsibility of the jurisdictions. • The jurisdictions will work with MCAG to develop a cost sharing arrangement. • MCAG will serve as fiscal agent and contract manager.
Questions? Please contact either Stacie Guzman, Executive Director, at [email protected] or Meg Prince, Senior Planner, at [email protected]
9.15.22 I MERCED COUNTY
ASSOCIATION OF
GOVERNMENTS
HOUSING ELEMENT COMPLIANCE MAKES YOU ELIGIBLE FOR MORE FUNDING! Various state grant and loan programs require an HCD-certified housing element. Examples of active state funding sources that require housing element compliance for eligibility include:
• Permanent Local Housing Allocation (PLHA)
• Affordable Housing and Sustainable
Communities (AHSC)
• SB 1 Planning Grants
• CalHOME Program
• Infill Infrastructure Grants (IIG)
• Prohousing Designation Program
• Local Housing Trust Fund Program (LHTF)
THERE ARE CONSEQUENCES FOR NOT HAVING AN UPDATED HOUSING ELEMENT In April 2021, California's Housing and Community Development {HCD) department issued guidance to cities and counties about the consequences of falling short in adopting or otherwise complying with previously adopted housing elements. There are serious penalties for not complying.
HCD is authorized to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or housing element law. This includes failure to implement program actions included in the housing element. HCD may revoke housing element compliance if the local government's actions do not comply with state law. Examples of penalties and consequences of housing element noncompliance:
Law Suits and Attorney Fees
Local governments with noncompliant housing elements are vulnerable to litigation from housing rights' organizations, developers, and HCD. If a jurisdiction faces a court action stemming from its lack of compliance and either loses or settles the case, it often must pay substantial attorney fees to the plaintiffs attorneys in addition to the fees paid by its own attorneys. Potential consequences of lawsuits include mandatory compliance within 120 days, suspension of local control on building matters, and court approval of housing developments.
Loss of Permitting Authority
Courts have authority to take local government residential and nonresidential permit authority to bring the jurisdiction's General Plan and housing element into substantial compliance with State law. The court may suspend the locality's.authority to issue building permits or grant zoning changes, variances, or subdivision map approvals - giving local governments a strong incentive to bring its housing element into compliance.
Financial Penalties
Court-issued judgements directing the jurisdictions to bring its housing element in substantial compliance with state housing element law. If a jurisdiction's housing element continues to be found out of compliance, courts can multiply financial penalties by a factor of six.
Court Receivership
Courts may appoint an agent with all powers necessary to remedy identified housing element deficiencies and bring the jurisdiction's housing element into substantial compliance with housing element law.
Source: California Department of Housing and Community Development (April 2021). Housing Element Noncompliance Consequences. https://hcdcagov.app.box.com/s/kazllly4bfxhsr3ty2Ivaz6I5s8k0i54
9.15.22 EXHIBIT B September 15, 2022
Consultant REAPl MCAG Cash Flow
Contract* Contribution** Admin ****
Jurisdiction Base Cost*** Pro Rata Cost 20% Deposit
City of Dos Palos $38,000 $5,080 $5,000 $48,080 $9,616
City of Gustine $38,000 $5,080 $5,000 $48,080 $9,616
City of Livingston $38,000 $12,954 $5,000 $55,954 $11,191 City of Atwater $38,000 $28,194 $5,000 $71,194 $14,239
City of Los Banos $38,000 $40,894 $5,000 $83,894 $16,779 City of Merced $38,000 $79,629 $5,000 $122,629 $24,526
County of Merced $38,000 $82,169 $5,000 $125,169 $25,034 Total $1,000,000 $480,000 $266,000 $254,000 $35,000 $555,000 $111,000 *Contract amount is estimated to be $1,000,000. Exact costs will be recalculated based on the final contract amount at the end of October. **The contribution from REAP 1 is anticipated to be $480,000 but may increase slightly based on remaining balances from other REAP 1 efforts still underway. • ••The consultant cost per jurisdictions for the estimated $1,000,000 contract will be $520,000 (after the $480,000 REAP contribution and before adding MCAG ad min). The $520,000 local contribution is split approximately 50/50 between a base cost (column D) and pro rata cost (column E) for each jurisdiction. •n•MCAG ad min is distributed evenly amongst jurisdictions as the staff time to administer will be relatively even across all jurisdictions . ..... Total local contribution is an estimated not to exceed amount based on the maximum contract amount included in the RFP of $1,000,000. Exact costs will be recalculated based on the final contract amount at the end of October.
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
RECOMMENDATION
STAFF REPORT
Approval of Fire Services Agreement with Merced County for Fire Services, Staffing Augmentation and Create a Project for Fire Station Refurbishment October 18, 2022
Mark Pimentel, Assistant Fire Chief
Brian White, Battalion Fire Chief
Vanessa Portillo, City Manager
Staff recommends that City Council adopt a resolution authorizing the City Manager to sign an agreement with Merced County for Fire Services and staffing augmentation, create a project for Fire Station Refurbishment, and authorize the City Manager/Finance Director to make appropriate adjustments to the budget.
BACKGROUND
The fire protection partnership between Merced County and the City of Livingston dates back to 1966 when these agencies entered into a mutual aid service agreement. The last signed agreement between Merced County and the City of Livingston was in 1988. These agencies have maintained their partnership for decades even when fire services shifted from Merced County to CAL FIRE in the late 80's. In September 25, 1989, Merced County formally entered into an agreement with CAL FIRE to provide fire protection services to the County and contracted Cities in the region. The 1988 contract between Merced County and the City of Livingston for fire protection services expired in 1995. Although, separate agreements for liability compliance have been brought to the agencies' respective elected bodies, the main contract outlining roles and responsibilities for fire services has not been updated since its expiration in 1995.
Since the contract expiration in 1995, below are a few examples of new laws and compliance requirements adopted by the State, CAL FIRE, and other regulating agencies:
1997: On July 1, 1997 the Office of the State Fire Marshal, State Fire Training Division began the "Fire Marshal Certification Track" (Fire Inspector I, Fire Protection Specialist, Plans Examiner, and Fire Marshal)
2001: National Fire Protection Association (NFPA) 1710 releases staffing standards and recommends that each company be staffed with four (4) firefighters, including a company officer, and that the company officer must remain as part of the company. 2003: On January 1, 2003 the California All Incident Reporting System (CA/RS) took effect, utilizing the National Fire Incident Reporting System (NF/RS), version 5. O in accordance with Health and Safety Code (H&S) Section 13110.5.
1 2008: The state Legislature passed Assembly Bill No. 1338 (Chapter 760, Statutes of 2008) authored by the Assembly Committee on Budget which required the State Fire Marshal to charge local agencies and private entities for fire and life safety inspections and related activities. 2011: The Office of the State Fire Marshal in conjunction with the California Water Boards, Division of Water Quality Storm Water Section published on its website a 50-page document entitled "Water-Based Fire Protection Systems Discharge Best Management Practices Manual" in September 1988. The scope and purpose of the document is to 1) To provide a set of Best Management Practices (BMP's) specifically a common set of tools for the proper processing of water discharge from a water-based fire protection system discharges in California, and 2) To provide direction to dischargers to contact the municipal separate storm sewer system (MS4'S) operators to discuss any specific discharge requirements and reporting. 2015: The Office of the State Fire Marshal adopted regulations for the licensing for Sp, inkier System Pipefitters based on Assembly Bill No. 433 (Chapter 377, Statutes of 2013) authored by Assemblyman Gordon. The regulations became effective on July 1, 2017. 2016: The state Legislature passed Senate Bill No.1069 ((Chapter 720, Statues of 2016) authored by Senator Wieckowski creating Accessory Dwelling Units and exempting them from the fire sprinkler requirements.
Source: https://osfm.fire.ca.gov/about-us/osfm-hist01yl As shown above, fire protection regulations are very different from the guidelines that existed in 1995 when the agreement expired. Therefore, it is imperative for the City and the County to update the services agreement for fire protection services to incorporate updated regulations and provide adequate services to the community.
DISCUSSION
CAL FIRE Partnership with Merced County
Since the 1940s, local government entities such as cities, counties and districts have contracted with CAL FIRE to provide many forms of emergency services for their communities. CAL FIRE provides fullservice fire protection to many of the citizens of California through the administration of 118 cooperative fire protection agreements in 30 of the State's 58 counties, 41 cities, 30 fire districts and 49 other special districts and service areas.
As a full-service fire department CAL FIRE responds to wildland fires, structure fires, floods, hazardous material spills, swift water rescues, civil disturbances, earthquakes, and medical emergencies of all kinds.
Local governments are able to utilize this diversity and experience through their contracts and agreements with the Department. Merced County entered into a services agreement with CAL FIRE in 1989.
The Merced County Fire Department provides first responder level Emergency Medical Services, including rescue and extrication, as well as control and mitigation of hazardous materials emergency incidents. Merced County Fire Department provides mutual and automatic aid to cooperating local agencies and participates in the statewide fire and rescue mutual aid system. In addition, the Merced County Office of Emergency Services provides assistance and support for fire and non-fire emergencies such as floods, earthquakes, extreme weather events and other disasters. 2 Memorandum of Understanding between City and County
The 1988 contract between Merced County and the City of Livingston for fire protection services expired in 1995. Although, separate agreements for liability compliance have been brought to the agencies' respective elected bodies, the main contract outlining roles and responsibilities for fire services has not been updated since its expiration in 1995.
With an updated agreement, the City and County establish a stable foundation and clear understanding of roles and responsibilities for each party. The proposed agreement will extend through a 10-Years term through December 31, 2032 and will provide the following services:
• Emergency Fire Protection, Medical and Rescue Response Services to include commercial, residential, and wildland fire protection, prevention, and investigation. • Dispatch Services through the CAL FIRE Fire/Emergency Command Center (ECC) providing 24/7 year-round coverage.
• Fire Investigation Services provided by CAL FIRE Prevention Officers trained in arson, commercial, and wildland fire investigations.
• Public Education and Outreach including school functions, public awareness, fire education, smoke/fire detectors education, fire extinguisher education, and emergency preparedness • Provision of Management, Training, and Payroll Activities of Paid Call Personnel • Management support services including Fire Department Administration, training and safety, personnel, finance, and logistical support
• Staffing Augmentation to 2-0 personnel
City of Livingston, Station 96
Station 96, built in 1953, is the busiest county fire station protecting the residents of the City of Livingston and surrounding County community (Table 1). Within its 47 square mile response area, Station 96 protects 34 apartment complexes, 19 assemblies, 6 daycares, 12 educational establishments, 2 hotels, and a variety of commercial organizations including Foster Farms, TA Travel Center, Mid Valley, and E & J Gallo Winery.
Station 96 call volume is partly due to their large population of almost 14,000 individuals and over 3,000 housing units. In addition, Station 96 is responsible for protecting a sizable section of State Highway 99 as well as various County roads. Despite being the busiest station in the County, Station 96 is staffed with only one (1.0) person on duty falling short from the recommended NFPA 171 O standards of 4-0. 3 Table 1
FY20/21 Merced County Fire Report
Ilion Station Location Staffing Calls %
19 96 Livingston 1.00 2,248 12.47%
16 63 Winton 2.00 2,064 11.45%
19 91 Delhi 2.00 1,647 9.14%
16 61 Atwater 2.00 1,402 7.78%
17 76 Dos Palos 1.00 1,358 7.53%
18 81 Merced 2.00 1,187 6.58%
18 85 McKee 2.00 1,092 6.06%
17 72 Santa Nella 2.00 971 5.39%
19 95 Hilmar 2.00 900 4.99%
17 74 Gustine 1.00 860 4.77%
17 71 Los Banos 2.00 780 4.33%
16 64 Cressey 1.00 679 3.77%
18 86 Planada 1.00 609 3.38%
17 75 Palos Wye 1.00 556 3.08%
19 97 Stevinson 1.00 498 2.76%
18 84 Le Grand 1.00 411 2.28%
19 92 Balli co 1.00 314 1.74%
18 83 El Nido 1.00 239 1.33%
16 65 Snelling 2.00 211 1.17%
Total 18,026 100%' Source: Merced County Fire Department Annual Review 2021 Current Costs for Fire Services
The City of Livingston and Merced County have held a mutual aid partnership dating back to 1966. In 1988, the City of Livingston and Merced County formalized this partnership through a Memorandum of Understanding (MOU) for fire suppression services. Fire suppression services were transitioned to CAL FIRE in 1989. Through the MOU, it was also agreed that Merced County would fund the City's portion for fire services by retaining the allocated Fire Services property tax allocation.
About 7.55% of the City's property tax is allocated to fire services. In Fiscal Year 2021/22, the estimated portion of property taxes for fire services was estimated at $800,770. In FY 2021 /22, total costs (County and City combined) for fire suppression services were estimated at $1 ,390,698 (based on actual call volume - Table 2). These costs are based on one (1) staff member housed at the station. 4 Table 2
Fire Department Expenses Based on Call Volume
FY 2021/22
Category City of Livingston Merced County Combined
Totals
Annual Calls 1,400 878 2,278
Percent 61% 39% 100%
COSTS (ll
Personnel 600,037 376,309 976,346
Fleet and Equipment 65,289 42,427 117,716
Paid Call Personnel (PCP} 49,785 13,234 63,019
Additional Equipment Response 117,453 - 117,453
Administrative Costs 83,256 43,197 126,453
Totals $915,820 $475,167 $1,390,698
City's Property Tax Revenue Offset 800,770
Surplus/(Deficit) $(115,050)
<
1 ) Costs are based on emergency response only.
2-0 Staffing Needs and Additional Costs
In 1989, CAL FIRE contracted with Merced County to provide fire protection services for the region and contracted Cities. At this time, CAL FIRE honored the staffing levels for each station, although, the State's requirement was 2.0 staffing. In 2001 , NFPA 1710 released its recommendation in staffing standards for fire agencies. The recommended staffing level was 4-0 staff members per station.
Currently, CAL FIRE's recommended staffing levels for each station is at 3-0. Station 96 is staffed with one (1) member.
Station 96 is the busiest station in the County responding to 2,248 service calls per year or 12.47% with only one (1) person in the station. The second busiest station is Winton with 2,064 service calls and staffed two (2) people at the station. Increasing the staffing for Station 96 to 2-0 will provide support to the Station's response time, command staff, and overall safety for the residents in Livingston. The cost to increase Station 96's staffing to 2.0 is estimated at $799,806. Merced County has agreed to split the cost 50% County and 50% City (Table 3) meaning that the City's share would be $399,903 for FY 2022/23.
Table 3
Fire Department Projected Expenses - Based on 2-0 Staffing FY 2022/23
COSTS City of Livingston Merced County Combined
Totals
One (1) Staff Response $915,820 $475,167 $1,390,698
Staff Augmentation 399,903 399,903 799,806
Total $1,315,723 $875,070 $2,190,504
5 Alternatives
Absent an updated agreement between Merced County and the City of Livingston for fire services, the City may look into funding fire protection services on its own.
Self-Sustained Fire Operations: Looking at other cities with similar population size, the costs to operate fire operations costs would be about $3.4 million (compared to Ripon Consolidated - population 14,000, Table 4). The City would also have to bear the costs for equipment replacement, training and development, recruitment, and other administrative costs. The City's property tax fire allocation would fall short from covering these costs (about $944k estimated for FY 2022/23) making this option unsustainable.
Table 4
SELF-SUSTAINED Fire Department Projected Expenses - Based on 2-0 Staffing Cost Comparison - FY 2022/23
CITY /COUNTY Ripon Fire COSTS Partnership
City of Livingston Merced County District
One (1) Staff Response $915,820 $475,167
Staff Augmentation 399,903 399,903
Sub-Total $1,315,723 $875,070
Total $2,190,504 $3,461,842
Recommendation
Staff recommends the following items for Council consideration and approval:
• Enter into a MOU agreement with Merced County for Fire Services for a term through December 31, 2032.
• Augment staffing for Fire Station 96 to 2-0
• Allocate $1 million for the refurbishment of Fire Station 96 to provide suitable accommodations to our current and new personnel and meet updated building code standards, currently in violation.
FISCAL IMPACT
Renewing the Fire Services MOU between Merced County and the City of Livingston will continue the agreement for the County to administer the property tax portion allocated to fire services. The increased 2-0 staffing costs of $399,903 (City's share) will be funded through CFO 2005-1 with no impact to the General Fund for FY 2022/23. Future costs will be incorporated within the operational budgets.
In addition, the Fire Station refurbishment project will be funded through reserves in the CFO 2005-1 Fund (Fund 1213) and Municipal Facilities Impact Fees Fund (Fund 2002).
ATTACHMENTS
1. Resolution Approving Memorandum of Understanding (MOU) between Merced County and City of Livingston for Fire Protection Services and Authorizing City Manager to Execute Agreement
2. Draft: Contract between Merced County and City of Livingston for Fire Protection Services 6 RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN MERCED
COUNTY AND THE CITY OF LIVINGSTON FOR FIRE PROTECTION SERVICES AND STAFFING AUGMENTATION THROUGH DECEMBER 31, 2032
WHEREAS, City desires to contract with Merced County for Fire Department Administration and Operations which consist of Fire Protection, First Responder Medical, Rescue, Hazardous Materials and Fire Prevention; and
WHEREAS, County is specially trained, experienced, and competent to perform such services in connection with comprehensive fire protection and other emergency incident response; and
WHEREAS, through this MOU the City increases its Fire Staffing to 2-0 through the term of the contract; and
WHEREAS, the contract term will provide such services through December 31, 2032; and WHEREAS, the City may terminate the contract upon providing a 90-day notice; 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 4th day of October, 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 4th day of October, 2022.
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
MEMORANDUM OF UNDERSTANDING
BETWEEN
MERCED COUNTY
AND
LIVINGSTON CITY
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, a California municipal corporation, located at 1416 C Street, Livingston, CA 95334 (hereinafter referred to as "City"). County and City may hereinafter be referred to individually as “Party” or collectively as “Parties.” There are no other parties to this Agreement.
WHEREAS, City desires to contract with County for Fire Department Administration and Operations for Fire Protection, First Responder Medical, Rescue, Hazardous Materials, and Fire Prevention services (the “Services”), which Services are more particularly described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, County is able to provide such Services through its agreement with the California Department of Forestry and Fire Protection (“CAL FIRE”), County Paid Call Firefighters, and County and City-owned equipment; 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. SCOPE OF SERVICES
County, through its agreement with CAL FIRE, County Paid Call Firefighters, and County and City-owned equipment, shall provide comprehensive fire protection and other emergency incident response services in accordance with the terms and conditions stated herein, and in any specifically referenced attachments hereto.
County’s services include, but are not limited to, the following:
A. Emergency Fire Protection, Medical and Rescue Response (“Emergency Response Services”): Provide services including commercial, residential, and wildland fire protection, prevention, and investigation; hazardous materials incident response; emergency vehicle extrication; hazardous conditions response, including, but not limited to, flooding, downed power lines, earthquake, and terrorist incidents; emergency medical and rescue response; and public service assistance. Also included are management support services that include fire department administration, training and safety, personnel, finance, and logistical support.
B. Dispatch Services: Provide fire department 9-1-1 emergency dispatch through the CAL FIRE Fire/Emergency Command Center (ECC). CAL FIRE will be responsible for fire/emergency dispatching of emergency resource units covered under this agreement. The CAL FIRE ECC is staffed with a Battalion Chief, three (3) or more Fire Captains and Communications Operators to provide 24/7 year-round coverage. There is always an officer of Captain rank or higher to serve as the shift supervisor and command officer. CAL FIRE uses an integrated Computer Aided Dispatch (CAD) system, using the latest technology, to direct the closest available resources to all emergency incidents.
C. Delegated by the County Fire Chief, the City building department official will have the responsibility for enforcement of the building standards adopted by the state fire marshal, as published in the California building codes relating to fire and panic safety, such as plan reviews and inspections for buildings in regard to City building permits. The City building department official will also review for conformity with the Health and Safety Code, California Fire Code, national fire protection standards, Title 19 and Title 24 of the California Code of Regulations, and other state laws and regulations within the scope of the California State Fire Marshal's Office.
D. Fire Investigation Services: These services will be provided by CAL FIRE Prevention Officers trained in arson, commercial, and wildland fire investigation. Officers are available by appointment for site visits and consultations. Officers are trained at CAL FIRE’s Peace Officer Standard Training (POST) certified law enforcement training academy and they cooperate effectively with all local, state, and federal law enforcement agencies.
E. Public Education and Public Outreach: These services include, but are not limited to, school functions, public awareness, fire education, smoke/fire detectors education, fire extinguisher education, and emergency preparedness.
F. Increase personnel staffing to two (2) per shift at the Livingston Fire Station.
The cost of this increase to be shared between the County and the City.
The City’s share of the cost associated with the staffing increase is provided in Exhibit C, attached hereto and incorporated herein by reference.
G. Provide management, training, and payroll activities for County’s Paid Call Personnel assigned to the Livingston Fire Station
The following exhibits, are specifically incorporated herein by reference, attached hereto, and made a part hereof, except when in conflict with this Agreement or modified herein:
Exhibit A - Description of Other Services
Exhibit B - Facilities and Equipment
Exhibit C - City’s share of annual cost
Exhibit D - Fire Suppression Services Liability Agreement
2. TERM
The term of this Agreement shall commence on the 1st day of January, 2023, and continue until the 31st day of December, 2032 unless sooner terminated in accordance with the sections entitled “TERMINATION FOR CONVENIENCE”, “TERMINATION FOR CAUSE” OR "NON-APPROPRIATION OF FUNDING", as set forth below (“Term”). The Term of this agreement can be extended in up to five (5) year increments upon written agreement of both Parties.
3. COMPENSATION
City agrees to pay County a total amount not to exceed Five Million Twenty-Nine Thousand, Nine Hundred Thirty-Six Dollars and no 100/cents ($5,029,936) (“Maximum Compensation”), for the Services provided under this Agreement. The actual personnel costs will be billed to the City on a quarterly basis for the previous quarter upon County’s receipt and review of charges from CAL FIRE.
4. NON- APPROPRIATION OF FUNDING
If, during the Term of this Agreement, the Livingston City Council does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay County for the Services specified in this Agreement, City shall promptly notify County and this Agreement will terminate under the notice periods required under this Agreement.
The Parties recognize that County’s ability to provide the Services is dependent upon its current agreement and future agreements with CAL FIRE. If County determines that it is no longer able to provide the Services, County shall promptly notify City and this Agreement will terminate under the notice periods required under this Agreement.
5. 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, notice is effective upon delivery.
B. First Class Mail. When mailed first class to the last address of the receiving Party known to the Party giving notice, notice is effective three (3) mail business days after deposit in a United States Postal Service office or mailbox, with appropriate pre-paid postage.
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 City
Merced County Fire Department City of Livingston
Attn: Division Chief Attn: City Manager
3500 N Apron Ave 1416 C Street
Livingston, Ca 95301 Livingston, CA 95334
Any Party may change its address by giving the other Party notice of the change in any manner permitted by this Agreement.
6. TERMINATION FOR CONVENIENCE
This Agreement, notwithstanding anything to the contrary herein above or hereinafter set forth, may be terminated by County or City at any time without cause or legal excuse by providing the other Party with ninety (90) calendar days written notice of such termination.
Upon the effective date of termination, City shall have no further liability to County except for payment for actual Services County rendered 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.
7. TERMINATION FOR CAUSE
If City fails to remit payments in accordance with any part of this Agreement, County may terminate this agreement and all related Services upon sixty (60) days written notice to City. Termination of this Agreement does not relieve City from providing County full compensation in accordance with the terms of this Agreement for Services actually rendered by County under this Agreement.
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.
If during the term of this Agreement, County’s actual costs to provide the Services increase above the Maximum Compensation provided in this Agreement, City agrees to compensate County for such increase. If City determines that it cannot meet such increase without reducing Services provided by County, City shall, within sixty (60) days of being notified of such increase, notify County and designate the adjustments to be made to bring costs to an amount that is no higher than the Maximum Compensation. If such designation is not received by County within the time specified, County shall reduce Services in its sole discretion to permit continued operation within available funds. If necessary, County and City agree to meet and confer in good faith to discuss the impact of the reduction in Services to public safety.
9. INSURANCE
The Parties shall maintain, at their own expense, Commercial General Liability (CGL) insurance, Automobile Liability insurance, and Workers Compensation insurance in such forms and amounts sufficient to cover claims arising from the duties and responsibilities under this Agreement.
10. INDEMNIFICATION
Nothing in the provisions of this Agreement is intended to affect the legal liability of either Party by imposing any standard of care different from the standard of care imposed by law. Each Party shall bear its own exposure for Workers’ Compensation for its own personnel while furnished to the other Party or likewise engaged.
On August 27, 2019, the Parties entered into an agreement entitled “Fire Suppression Services Liability Agreement Between the City of Livingston and Merced County” (hereafter the “Liability Agreement”), which is attached hereto as Exhibit D. The Parties agree that the sections of the Liability Agreement entitled “Indemnification” and “Property Damage to City or County-Owned Property/Equipment” apply to the County’s rendering of Services under this Agreement. For clarity, the Parties agree that the phrase “fire suppression services” used in the Liability Agreement shall be interpreted to include the Services County performs under this Agreement.
11. INDEPENDENT ENTITY
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. City shall neither have, nor exercise, any control or direction over the methods by which County shall deliver the Services provided. The sole interest and responsibility of the City 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.
12. REPORTS AND RECORDS
The County shall be responsible for completing all required reports, including, but not limited to, reports mandated by local or state government.
13. 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.
14. NO OBLIGATION TO THIRD PARTIES
Unless otherwise expressly provided for herein, neither Party shall be obligated or liable hereunder to any persons or entities not Party to this Agreement.
15. COMPLIANCE WITH STATE LAWS AND REGULATIONS
The Parties agree to comply with all state, federal, and local 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.
16. 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 the Parties unless agreed in writing by the Parties in a form approved by counsel for each Party.
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.
17. 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.
18. BREACH OF CONTRACT
Upon breach of this Agreement by either Party, the non-breaching Party shall have all remedies available to it both in equity and at law.
19. 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.
20. 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.
21. COVID-19 REQUIREMENTS
Each Party, at its own 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 any business/activity. 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
County of Merced City of Livingston
By Lloyd Pareira Jr. By Vanessa Portillo
_______________________ _____________________________
Chairman Board of City Manager
Supervisors
_______________________ ____________________________
Dated Dated
APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM
MERCED COUNTY COUNSEL LIVINGSTON CITY ATTORNEY
By___________________________ By__________________________ Douglas L. White
Deputy City Attorney
_____________________________ ____________________________ Dated Dated
EXHIBIT A
DESCRIPTION OF OTHER SERVICES
Administration:
Unit Chief
The Unit Chief performs duties as the Livingston City Fire Chief for all Emergency Fire Protection, Medical and Rescue Response Agreements, pursuant to applicable statutory authority. The Unit Chief, or their representative, may dispatch personnel and equipment from the assigned station or location. The Unit Chief shall exercise professional judgment consistent with State policy and his or her employment by State in authorizing or making any assignments to emergencies and other responses, including assignments made in response to requests for mutual aid. The Unit Chief may delegate any and all of these responsibilities to qualified staff.
Division Chief
Supervise the Battalion Chief and manage routine administration affecting the Division.
Attend City Council and other routine meetings as requested by the Battalion Chief and/or City Manager. Maintain a good working relationship with the City Manager, Chief of Police, Mayor and City Council members to ensure cooperative fire protection. Act on behalf of the Battalion Chief, in their absence, for meetings, presentations or as requested. Acts as the Livingston Fire Chief in the absence of the Unit Chief.
Battalion Chief
Attend Staff Meetings, draft City Council reports and review fire code changes as required. Attend City Council and Public Safety Meetings and present staff reports as required. Attend special events as required. Meet with school officials, developers, and architects for fire code inquiries. Manage Paid Call Fire Fighters. Work with Office of Emergency Services and Merced County on grants, training and safety issues, including OES Emergency Operations Plan, and provide training and exercises to City staff as required. Respond to emergency incidents after hours and weekends when requested, including but not limited to, structure fires, Hazardous Materials, major/multiple injury vehicle accidents, and mass casualty incidents. Oversee annual certification testing of SCBA, air compressor, ladders, hose, rescue equipment and other fire department related testing procedures required by local, state and federal law, including semiannual hydrant flow testing and flushing. Represent the City of Livingston Fire Department in local, state and federal activities, such as Merced County Area Chief Meetings, M4C, Merced County OES Exercise and other related duties. Coordinate grant funding requests with City Grants Manager. Assist with other Departments in a cohesive manner.
Volunteer Fire Department Association:
The Livingston Volunteer Fire Department Association shall function as an integral part of the Department of Public Safety, Fire Services Division. The CAL FIRE Unit Chief shall act as the Fire Chief for the Livingston Volunteer Fire Department Association and shall be responsible for overall administrative and operational control. The Fire Chief can delegate these duties to another qualified staff member
EXHIBIT B
FACILITIES AND EQUIPMENT
COST OF OPERATING AND MAINTAINING EQUIPMENT AND PROPERTY The cost of maintaining, operating, and replacing any and all property and equipment, real or personal, furnished by the parties hereto for fire protection purposes, shall be borne by the party owning or furnishing such property or equipment unless otherwise provided for herein or by separate written agreement.
Facilities:
The City shall provide and maintain appropriate facilities for the housing of assigned personnel and equipment. The City is responsible for the cost associated with the construction/remodeling/maintenance and operation of any facilities assigned to the Fire Department and shall include the cost of utilities. Facilities to be maintained to applicable State standards.
Equipment:
Apparatus
City-owned apparatus shall meet, and be maintained by the City to meet, minimum safety standards set forth in Title 49, Code of Federal Regulations, and Titles 8 and 13, California Code of Regulations. Purchase of new equipment by the City will be coordinated with the County Fire Department to ensure compatibility with County equipment and operations.
County-owned vehicles will be maintained by the County to meet minimum safety standards set forth in Title 49, Code of Federal Regulations, and Titles 8 and 13, California Code of Regulations.
Personal Protective Clothing
Personal Protective Equipment (PPE) previously purchased by the City for use by Paid Call Firefighters assigned to the Livingston Fire Station will be transferred to the County.
Moving forward all PPE required by PCFs, both structural and wildland, will be purchased by the County.
EXHIBIT C
CITY'S SHARE OF ANNUAL COST
2023
Position Number of Number of Salary EDWC Uniform Longevity Education Personnel Months $0.00 /mo $0.00 /mo $0.00 /mo Pay $0.00 /mo Total Captain 1 12 6,017 $ 3,505 $ 178 $ 2,166 $ 75 $ $ 143,292 Engineer 0.5 12 5,362 $ 3,128 $ 178 $ - $ 75 $ $ 52,458 TOTAL $ 195,750
Benefits
Salary EDWC Uniform Longevity Education
Capatain 1 12 5,681.85 $ 2,148.92 $ 2.58 $ 2,045.35 $ 45.98 $ $ 119,096 Engineer 0.5 12 5,063.34 $ 1,917.78 $ 2.58 $ 45.98 $ $ 42,178 TOTAL $ 161,274
Total Salary and Benefits $ 357,024
State Administrative Fee $ 42,879
Year
2023 $ 399,903
2024 $ 419,898
2025 $ 440,893
2026 $ 462,938
2027 $ 486,084
2028 $ 510,389
2029 $ 535,908
2030 $ 562,704
2031 $ 590,839
2032 $ 620,381
Total Estimated Cost $ 5,029,936
FIRE SUPPRESSION SERVICES LIABILITY AGREEMENT BETWEEN
THE CITY OF LIVINGSTON
AND
MERCED COUNTY
THIS AGREEMENT, made and entered into this 27th day of August 2019, by and between the City of Livingston (hereinafter referred to as "City") and the County of Merced (hereinafter referred to as "County"). Collectively, City and County shall hereinafter be referred to as the "Parties."
WITNESS ETH:
WHEREAS, the City possesses fire suppression services equipment but does not employ personnel to operate such equipment; and
WHEREAS, County Paid Call Firefighters and CAL FIRE employees provide fire suppression services within the City of Livingston using County-owned and City-owned equipment; and WHEREAS, the Parties desire that County and CAL FIRE employees continue to utilize Cityowned equipment when providing fire suppression services within the City of Livingston and in the unincorporated areas of Merced County; and
WHEREAS, it is the Parties' intent for the County to continue to provide fire suppression services within the physical limits of the City while the Parties develop a comprehensive agreement for the provision of those services.
NOW, THEREFORE, in consideration of their mutual covenants, the Parties hereto agree as follows:
PROVISION OF FIRE SUPPRESSION SERVICES
City requests that County, with County Paid Call Firefighters and CAL FIRE employees, continue to provide fire suppression services within the limits of the City of Livingston using County-owned equipment, as well as, City-owned equipment. City also expressly grants County permission and authority to use City-owned equipment when responding to calls for service outside the City of Livingston in the unincorporated areas of Merced County.
The City-owned equipment subject to this Agreement that may be used by County Paid Call Firefighters and CAL FIRE employees is identified and listed in Exhibit A to this Agreement, which is attached and incorporated into this Agreement by reference.
INDEMNIFICATION
Nothing in the provisions of this Agreement is intended to affect the legal liability of either party by imposing any standard of care different from the standard of care imposed by law. Each party shall bear its own exposure for Workers' Compensation on its own personnel while furnished to the other party or likewise.
1 MlRCED COUNTY CONTRACT NO Z..01q Z1 l
City shall indemnify, defend and hold harmless, the County, its Board of Supervisors, officers, employees, agents and assigns from and against any and all claims, demands, liability, judgments, awards, interest, attorney's fees, costs, experts' fees and expenses of whatsoever kind or nature, at any time arising out of or in any way connected with the County providing fire suppression services within City's jurisdictional boundaries by CAL FIRE employees or County Paid Call Firefighters, whether in tort, contract or otherwise. This shall include, but not be limited to, claims for bodily injury, property damage, personal injury, and contractual damages or otherwise alleged to be caused to any person or entity including, but not limited to employees, agents and officers of City.
City's obligation shall extend to any allegation or claim of liability except in circumstances found by a jury or judge to be the sole and legal result of the willful misconduct of County.
City's obligation shall arise at the first claim or allegation of liability against County. City will on request and at its expense, defend any action, suit, or proceeding arising hereunder. This clause for indemnification shall be interpreted to the broadest extent permitted by law.
County shall indemnify, defend and hold harmless, the City, its officers, employees, agents and assigns from and against any and all claims, demands, liability, judgments, awards, interest, attorney's fees, costs, experts' fees and expenses of whatsoever kind or nature, at any time arising out of or in any way connected with the County's use of City-owned equipment to provide fire suppression services outside the City's jurisdictional boundaries by CAL FIRE employees or County Paid Call Firefighters, whether in tort, contract or otherwise. This shall include, but not be limited to, claims for bodily injury, property damage, personal injury, and contractual damages or otherwise alleged to be caused to any person or entity including, but not limited to employees, agents and officers of County.
County's obligation shall extend to any allegation or claim of liability except in circumstances found by a jury or judge to be the sole and legal result of the willful misconduct of City.
County's obligation shall arise at the first claim or allegation of liability against County. County will on request and at its expense, defend any action, suit, or proceeding arising hereunder. This clause for indemnification shall be interpreted to the broadest extent permitted by law.
PROPERTY DAMAGE TO CITY OR COUNTY-OWNED PROPERTY/EQUIPMENT Notwithstanding anything stated under the INDEMNIFICATION heading above, City shall be solely responsible for the cost to repair or replace damaged or destroyed City-owned equipment used under this Agreement. County shall not be responsible for property damage sustained to City-owned equipment that is used by County Paid Call Firefighters or CAL FIRE employees within the City's jurisdiction or in the unincorporated areas of Merced County.
Further, City hereby releases, waives, discharges, and promises not to sue County for any property damage that may be sustained by City-owned equipment used by County Paid Call Firefighters or CAL FIRE employees. Such release shall apply whether the City-owned equipment is used within the City's jurisdiction or in the unincorporated areas of Merced County.
2 Notwithstanding anything stated under the INDEMNIFICATION heading above, County shall be solely responsible for the cost to repair or replace damaged or destroyed County-owned equipment used under this Agreement. City shall not be responsible for property damage sustained to County-owned equipment that is used by County Paid Call Firefighters or CAL FIRE employees within the City's jurisdiction or in the unincorporated areas of Merced County.
Further, County hereby releases, waives, discharges, and promises not to sue City for any property damage that may be sustained to County-owned equipment used by County Paid Call Firefighters or CAL FIRE employees. Such release shall apply when the County-owned equipment is used within the City's jurisdiction or in the unincorporated areas of Merced County.
TERM
The Agreement shall commence when signed by both Parties, and the effective date of this Agreement shall be the latest date stated with the Parties' signatures below. The Agreement shall remain in full force and effect unless terminated as provided herein.
This Agreement may be terminated without cause by either City or County upon written notice of termination given to the other party at least thirty (3 0) days in advance of the effective date of termination. Notice of termination shall be personally served or mailed, postage prepaid to the address designated beneath the signature of the Parties hereto; or to such other address as may be designated by written notice.
ENTIRE AGREEMENT
This Agreement and any additional or supplementary document(s) incorporated herein by specific reference (Exhibit A) contain all the terms and conditions agreed upon by the Parties.
No other contracts, oral or otherwise, regarding the subject matter of this Agreement shall have any validity or bind any of the Parties unless specifically identified within the Agreement.
NOTICES
Information for notice to the Parties to this Agreement at the time of endorsement of the Agreement is as follows:
Merced County Fire Department
3500 N Apron Ave
Atwater, CA 95301
(209) 385-7344
City of Livingston
1416 C St
Livingston, CA. 95334
(209) 3 94-8041
Any party may change its address or phone number by giving the other party notice of the change in any manner permitted by this agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as the day and year first hereinabove written.
3 CITY OF LIVINGSTON
By:--.-~> '------9=------ Gurpaf>samra
Mayor
City of Livingston
o:'-e .....-1 2-----1.A~ By: "'/ 7 ~ .. - - , U
Jose Ramirez, City Manager
City of Livingston
Date: 3-2.0-l9 ------ ----
COUNTY OF MERCED
By• ~ Lloyd Pareira, Chariman
Board of Supervisors
Merced County
Date: AUG 2 7 2019 -------- -
By ~ ~
Mike van Loben Sels, F1re Chief
4 Merced County Fire Department
APPROVED AS TO LEGAL FORM
JAMES N. FINCHER
MERCED COUNTY COUNSEL
BY: ---J~e-::ff~re:"'."y':"1B'5".rG'!ir~anntr
~~
Exhibit A to the Fire Suppression Services Liability Agreement The Fire Suppression Services Liability Agreement between the City of Livingston and Merced County references City-owned equipment that the City has authorized and desires the County to use. The equipment subject to that Agreement is listed and described as follows:
• Fire Engine 96El Year: 2000 Vin: 1HTSDADR81H346542 Lie#: 1065426 • Fire Truck 96Tl Year: 1990 Vin: 1FDYD80U3LVA44182 Lie#: 338324 • Fire Engine E-696 Year: 2018 Vin: 3C7WRNEL4JG110680 Lie#: 1411783 3334479.1