Agenda packet, regular meeting — Livingston City Council, November 15, 2022

1 CITY COUNCIL REGULAR MEETING AGENDA
NOVEMBER 15, 2022
7:00 P.M.

NOTICE: IN ORDER TO MINIMIZE THE SPREAD OF THE COVID-19 VIRUS, THIS MEETING WILL BE CONDUCTED PURSUANT TO GOVERNMENT CODE SECTION 52953(e) AND CITY OF LIVINGSTON CITY COUNCIL RESOLUTION NO. 2021-71.

WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.

ADDITIONALLY, THE MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg

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 November 15, 2022, at the City Council Chambers, 1416 C Street, Livingston, California or conducted pursuant to the Government Code Section 52953(e) and City of Livingston City Council Resolution No. 2021-71.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on 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.: 2022-61
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: Years of Service Recognition of Former Police Chief Chris Soria

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.

2. WAIVING OF READING OF ORDINANCE AND RESOLUTIONS
City Council Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading the Title only, Unless Otherwise Requested by the Mayor or a Council Member 3 3. AUTHORIZE REMOTE TELECONFERENCE MEETINGS
Resolution Proclaiming a Local Emergency and Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Livingston Pursuant to Brown Act Provisions

4. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated October 25, 2022

5. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 12, 2022

6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 17, 2022

7. AUTHORIZE A LEASE AGREEMENT WITH ARKELIAN FARMS
Resolution Authorizing the City Manager to Execute a Lease Agreement between Arakelian Farms and the City of Livingston

8. AUTHORIZE PARTICIPATION IN THE MULTIJURISDICTIONAL HOUSING ELEMENT (MJHE)
Resolution Approving the City of Livingston to Participate in the Merced County Multijurisdictional Housing Element (MJHE) and Cost Sharing Agreement

9. APPROVE THE CREATION OF CAPITAL IMPROVEMENT PROJECT (CIP) OT2202-GENL

FOR FIRE STATION REFURBISHMENT
Resolution Approving the Creation of Capital Improvement Project (CIP) OT2202-GENL for Fire Station Refurbishment and Authorize the City Manager/Finance Director to Procure Services and Make Appropriate Adjustments to the Budget

PUBLIC HEARINGS

10. COMMUNITY FACILITIES DISTRICT NO. 2017-1 (PUBLIC SERVICES), ANNEXATION NO. 2
Public Hearing – Resolution Annexing of Territory to a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting Levy of Tax to Qualified Electors, City of Livingston Community Facilities District No. 2017-1 (Public Services) Annexation No. 2 and Resolution Declaring Results of a Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien, City of Livingston Community Facilities District No. 2017-1 (Public Services) Annexation No. 2

11. AUTHORIZE THE APPLICATION AND ADOPT THE PLHA PLAN AND AUTHORIZE THE

CITY MANAGER TO EXECUTE THE PLHA PROGRAM APPLICATION
Public Hearing - Resolution Authorizing the Application and Adopting the PLHA Plan for the Permanent Local Housing Allocation Program and Authorize the City Manager to Execute the PLHA Program Application, the PLHA Standard Agreement, and Any Subsequent Amendments or Modifications thereto, as well as Any Other Documents Which are Related to the Program or the PLHA Grant Awarded to Applicant, as the Department May Deem Appropriate 4 12. ACCEPT AND APPROVE THE CLOSE-OUT REPORT FOR THE 20-CDBG-CV1- 00032
Public Hearing - Resolution Accepting and Approving the Close-Out Report for the 20-CDBG-CV1-00032 Subsistence Payments Program

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 •~•) Is committed lo 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 leglslatrve bodies conduct their business; and
WHEREAS, Government Code section 54953, subdivision (e), provides provisions for remote teleconferencing participation In meetings by members of a legislative body without compliance With the requirements of Government Code section 54953, subdivision (b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition is that a state of emergency is declared by the Governor, pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there Is an actual Incident, threat of disaster, or extreme peril to the safety of persons and property within the Jurisdictions that are within the City's boundaries, caused by natural, technological, or humancaused disasters; and WHEREAS, It is further required that state or local officials have imposed or recommended measures to promote soc"ial distancing or the legislative body meeting in person would present Imminent risks to tha health and safety of attendees; and WHEREAS, such condlttons now exist in the City, specifically, on March 4, 2020, Governor Gavin Newsom proclaimed a Stale of Emergency to exist in California as a result of the threat of COVID-19; despite sustained efforts, !he 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 {CWIOSISS.I)
without compliance with Government Code section 54953, subdivision (b)(3), as authorized by Section 54953, subdivision (e), and that such legislative bodies shall comply wllh 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 contlnue to teleconference without com pllance with Government Code section 54953, subdivision (b)(3), the City Council shall, not 30 days after teleconferencing for the first time pursuant to this Resolution, and every 30 days thereafter, make the following findings by majority vote: The legislative body has reconsidered the circumstances of the state of emergency and any of the following conditions exist: (1) The state of emergency continues to directly Impact the ability of the members to meet safely in person or (2) state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City reserves the option to hold In-person meetings, consistent with local health officer directives, or to continue a practice of remote meetings that stlll 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 lncorpo!<lted into this Resolution by this reference.

Section 2. Proclamation of Local Emergency. The City Council hereby proclalms that a focal emergency exists throughout the City, and that the legislative body meeting in person could present imminent risks to the health and safety of attendees due to the prevalence of COVID-19 ln Merced County and the state, such that the City reserves the right to continue virtual meetings or conduct in-person meetings, consistent With focal 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, includlng conducting open and public meetings In accordance with Government Code section 54953, subdivision (e), and other applicable proVislons of the Brown Act.

Section 4. Effective Date of Resolution. This Resolution shall take effect lmmedlately upon lts 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, subdMslon (e)(3), to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of seclion 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
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 5u, day of October, 2021
/ kK-~
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
ICWlllKIS1 I I
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Warrant Register October 25, 2022
November 15, 2022
Nancy Fuentes, Accounting Technician
Vanessa Portillo, City Manager
RECOMMENDATION:

Ratify the warrant register dated October 25, 2022
DISCUSSION:
109
- ~ -
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 30, 2022- October 25, 2022
GENERAL WARRANTS .......................... $
PAYROLL/WIRE WARRANTS .................. $
TOTAL WARRANTS .............................. $
ATTACHMENTS:
1,488,032.01
680,289.07
2, 168,321.08
Warrant Register (summarized by date and check number)
7548-7802
2330-2400
Accounts Payable
Checks by Date - Sunnnary by Check Date
User: nfuentes
Printed: 11/8/2022 9:3 I AM
Vendor ame
7548 251 ABS Direct, Inc.
7549 395 Administrative Solution, Inc.
7550 1057 Anton io Aguilar
7551 755 Diana Aguilar
7552 UB*02010 JESUS AGUILAR
7553 747 All Star Elite Sports
7554 397 American Fidelity Assurance Company
7555 253 AT&T
7556 1039 Jacquie Benoit
7557 UB*02009 WALTER BRUN ETTO
7558 909 Canon Financial Services, Inc.
7559 681 Central Valley Umpire Association
7560 1054 Florencio Cervantes
7561 1044 Vanessa Chavez
7562 772 CLEARS Inc.
7563 UB*0200I CONCO WEST, INC.
7564 463 Cop Ware, Inc.
7565 787 Custom Weed Control Inc.
7566 293 Department of Justice Accounting Ollice
7567 757 Anita Dhillon
7568 548 Doras Fashion
7569 890 Embroidery Plus
7570 163 EZ Auto Supply
7571 1056 Rigoberto Fierro
7572 1040 Flock Safety
7573 1046 Foster Farms
7574 188 Frontier
7575 387 Frontier Communications Corp Frontier Co
7576 1055 Cris Fuentes
7577 164 Garza Tire & Wheel, Inc
7578 262 Gilton Solid Waste
7579 1059 Angelo Gonzalez
7580 1049 Robert Haugh
7581 1053 Rosa Hernandez
7582 482 Hi-Tech EVS, Inc,
7583 932 Cynthia Huddleston-Bennett
7584 501 Hunt & Sons, Inc.
7585 388 Interstate Battery System of Fresno
7586 686 JJC Security System Solution
7587 570 Joce lyn E. Roland, Ph.D., ABPP
7588 464 Johnson Controls Fire Protection LP
7589 476 Jorgensen Company
7590 167 Kimball Midwest
7591 615 McClatchy Company LLC
7592 980 Clint McFadden
7593 477 Tommy Mejia
7594 1048 Nestor Mendoza
AP Checks by Date- Summary by Check Date (11/8/2022 9:3 1 AM) Check Date
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
09/29/2022
City of Livingston
1416 C Street
Livingston, CA 95334
Check Amount
131.61

75.00 100.00
150.00
242.26
1,144.46
845.80
236.46
737.50
411.27
393.99
308.00
150.00
150.00

50.00 352.64
705.00
400.00
570.00
376.00
2,413.00
667.35
202.78
150.00
18, 182.82
200.00
394.07
151.32
150.00
218.98
10 1,080.97
250.00
2,000.00
100.00
10,397.46
800.00
8,906.35
299.12
9,327.15
475.00
4,128.48
502.89
258.79
808.07
800.00

70.00 500.00
Page I
Check No Vendor No Vendor Name Check Date Check Amount
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 Software, Inc. 09/29/2022 633.70
7601 490 NoraTek Solutions, Inc. 09/29/2022 4,728.15
7602 199 Northstar Chemical 09/29/2022 3, I 69.47
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 7610 554 Alvaro Ramirez 09/29/2022 283.50
7611 673 Robie Refrigeration, Inc. 09/29/2022 335.55
7612 1047 Julio Ruiz 09/29/2022 6,900.00
7613 450 S & A Manufacturing 09/29/2022 66.27
7614 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
7618 UB*02006 SINCLAIR GENERAL ENGINEERING 09/29/2022 698.20 7619 598 Standard Insurance Company RB 09/29/2022 1,012.08 7620 393 California State Disbursement Unit 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 Vang 09/29/2022 150.00
7626 367 Verizon Wireless 09/29/2022 2,138.98
7627 504 VIP 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: 20 1,725.86
7629 1061 James Vazquez 09/30/2022 1,500.00
Total for 9/30/2022: 1,500.00
7630 1032 Copper Spur Bar-B-Que, Inc. 10/06/2022 1,223.84 7631 1065 Maria Negrete 10/06/2022 385.00
Total for 10/6/2022: 1,608.84
7632 251 ABS Direct, Inc. 10/07/2022 1,846.46
7633 833 Juan Aguilar Jr. 10/07/2022 20 1.44
7634 250 Alhambra 10/07/2022 438.47
7635 396 American Fidelity Assurance 10/07/2022 2,834.95 7636 736 ARA, Inc. 10/07/2022 5,398.40
7637 282 AT&T Mobility 10/07/2022 1,437.39
7638 445 Axon Enterprise, Inc. 10/07/2022 28,634.66
7639 411 Harpreet Bains 10/07/2022 25.00
7640 1062 Alexxa Banuelos 10/07/2022 150.00
7641 1060 Barry Friesen Painting 10/07/2022 1,280.00
AP Checks by Date - Summary by Check Date (11/8/2022 9:31 AM) Page 2 Check No Vendor 0 Vendor ame Check Date Check Amount
7642 162 Steve Bassi 10/07/2022 25.00
7643 538 Ada.nan Bath 10/07/2022 25.00
7644 892 Brass Ring Amusements Inc. 10/07/2022 2,540.00 7645 435 California Chamber of Commerce 10/07/2022 699.00 7646 256 California Police Chiefs Association 10/07/2022 1,389.00 7647 398 Central SanJoaquin Valley Risk Ma.nageme1 10/07/2022 64,368.00 7648 399 Central SanJoaquin Valley Risk Manageme1 10/07/2022 95,196.00 7649 766 Central Valley Landscape & Tree 10/07/2022 3,596.00 7650 272 Charter Commun ications Ho ldings, LL 10/07/2022 111.62 7651 484 CivicPlus LLC 10/07/2022 2,900.00
7652 189 ComTech21 LLC 10/07/2022 40.35
7653 447 Cenco West, Inc 10/07/2022 269,135.08
7654 283 CoreLogic Solutions. LLC 10/07/2022 200.00
7655 816 Elite Uniforms 10/07/2022 1,376.80
7656 163 EZ Auto Supply 10/07/2022 21 .54
7657 260 First Communications, LLC 10/07/2022 15.36
7658 188 Frontier 10/07/2022 2,503.48
7659 159 Andres Fuentes I 0/07/2022 25.00
7660 1063 Yvette Fuentes 10/07/2022 150.00
7661 262 Gilton Solid Waste 10/07/2022 6,372.70
7662 358 Hilmar Ready Mix Rockery Nursery. LLC I 0/07/2022 199.34 7663 267 Hoffman Security 10/07/2022 189.95
7664 501 Hunt & Sons, lnc. 10/07/2022 972.84
7665 296 Image Source I 0/07/2022 4,221 .63
7666 388 Interstate Battery System of Fresno 10/07/2022 135.35 7667 786 J.B, Anderson Land Use Planning 10/07/2022 2,210.00 7668 1064 Lilia Jewe ll 10/07/2022 100.00
7669 686 JJC Security System Solutions 10/07/2022 737.25 7670 471 JMP Office Techno logies 10/07/2022 202.28
7671 461 LEAF 10/07/2022 975.30
7672 278 Merced Irrigation District 10/07/2022 60,928.25 7673 870 Vanessa Portillo 10/07/2022 1, 193.00
7674 430 Quadient Finance USA, Inc. 10/07/2022 500.04
7675 1066 l-lector Ramirez I 0/07/2022 230.00
7676 535 Jason Roth I 0/07/2022 25.00
7677 666 Sun Ridge Systems, Inc. 10/07/2022 2,450.00
7678 81 8 Renee Wa ite-Mendonca l 0/07/2022 25.00
7679 536 Robert Wallis I 0/07/2022 25.00
Total for I 0/7/2022: 568,256.93
7680 251 ABS Direct Inc. 10/20/2022 978.68
768 1 995 Andrews Electric I 0/20/2022 5,664.42
7682 909 Canon Financial Services, Inc. 10/20/2022 362.94 7683 884 Monica Cisneros 10/20/2022 202.50
7684 473 Citizen Commun ications. LLC I 0/20/2022 14,310.00 7685 291 City of Livingston c/o L &L District lrrigati 10/20/2022 13,504.65 7686 447 Conco West, Inc 10/20/2022 141 ,025.61
7687 777 David G. Alexander, Inc. 10/20/2022 5,13300
7688 356 Gouveia Engineering, Inc. 10/20/2022 53,985.98 7689 1067 Angelica Lovangsrihotha 10/20/2022 150.00
7690 576 Mid Cal Pipeline & Utilities, Inc. I 0/20/2022 3,200.00 769 1 389 Mid Valley IT 10/20/2022 1,719.35
7692 203 PG&E 10/20/2022 25,215.33
7693 10 15 Pyro Spectac 10/20/2022 10,170.00
7694 579 San Joaquin Valley Air Po llution Control D 10/20/2022 80.00 7695 408 Sapien Family Trust 10/20/2022 1,000.00
AP Checks by Date - Summary by Check Date ( 11 /8/2022 9:31 AM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount
7696 308 Sprint 10/20/2022 129.92
7697 309 St. Francis ElectTic 10/20/2022 818.50
7698 526 State Water Resources Control Board 10/20/2022 45.00 7699 1068 Steele Public Safety Systems 10/20/2022 3,420.00 7700 738 TimeClock Plus, LLC 10/20/2022 4,733.98
7701 422 U.S. Bank Corporate Payment Systems 10/20/2022 25,819.39 7702 765 White Brenner LLP I 0/20/2022 60,712.10
Total for I 0/20/2022: 372,381.35
7703 434 AFSCME District Council 57 10/25/2022 631.54
7704 747 All Star Elite Sports 10/25/2022 22.40
7705 290 All-Phase Electric Supply Co. 10/25/2022 961.42 7706 1070 Colette Alvernaz 10/25/2022 100.00
7707 1071 Florencio Amaya 10/25/2022 100.00
7708 397 American Fidelity Assurance Company 10/25/2022 422.90 7709 1069 Erica Arredondo 10/25/2022 50.00
7710 445 Axon Enterprise, Inc. 10/25/2022 15,500.49
7711 1039 Jacquie Benoit 10/25/2022 90.10
7712 1072 Bryan Blew I 0/25/2022 100.00
7713 517 Boutin Jones, Inc I 0/25/2022 3,820.50
7714 417 Brenntag Pacific, Inc. 10/25/2022 4,949.40
7715 1073 Oscar Briceno 10/25/2022 350.00
7716 393 California State D isbursement Unit 10/25/2022 1,271.66 7717 760 Ruth Carrillo 10/25/2022 150.00
7718 1074 Children's Choice Dental Care 10/25/2022 10000 7719 343 Citrix Systems, Inc. 10/25/2022 768.00
7720 508 City of Livingston (Petty Cash) I 0/25/2022 935.25 7721 1075 Carlos Cruz l 0/25/2022 100.00
7722 1089 DAHLIN GROUP 10/25/2022 12,840.00
7723 1076 Julissa Del Toro 10/25/2022 150.00
7724 757 Anita Dhillon I 0/25/2022 449.50
7725 547 Don's Mobile Glass 10/25/2022 534.05
7726 549 Vanessa Belen Echevarria 10/25/2022 392.00
7727 816 Elite Uniforms 10/25/2022 75.76
7728 1000 Employment Development Dept. 10/25/2022 143.27 7729 163 EZ Auto Supply I 0/25/2022 596.85
7730 1077 Guadalupe Farnelli 10/25/2022 100.00
7731 1078 Rosa M. Fuentes 10/25/2022 100.00
7732 164 Garza Tire & Wheel, Inc 10/25/2022 1,676.93
7733 262 Gilton Solid Waste I 0/25/2022 100,788.77
7734 1079 Golden Valley Health Centers 10/25/2022 150.00 7735 1080 Patricia Gomez 10/25/2022 100.00
7736 1081 Vickie Gonzales 10/25/2022 100.00
7737 356 Gouveia Engineering, Inc. 10/25/2022 51,273.89 7738 505 Govlnvest, Inc. 10/25/2022 6,300.00
7739 358 Hilmar Ready Mix Rockery Nursery, LLC 10/25/2022 161.63 7740 501 Hunt & Sons, Inc. 10/25/2022 12.65
7741 501 Hunt & Sons, Inc. I 0/25/2022 8,260.89
7742 388 Interstate Battery System of Fresno 10/25/2022 299.12 7743 520 Interstate Truck Center 10/25/2022 237.90
7744 1082 Tiffany Kalua 10/25/2022 150.00
7745 1083 Megan Koehn I 0/25/2022 100.00
7746 318 La Rue Communications 10/25/2022 1,941.00
7747 675 Lance, Soll & Lunghard, LLP 10/25/2022 2,945.00 7748 268 Language Line Services, Inc. I 0/25/2022 120.32 7749 1084 Tri Le 10/25/2022 100.00
AP Checks by Date- Summary by Check Date (11/8/2022 9:31 AM) Page4 Check No Vendor No Vendor Name Check Date Check Amount
7750 831 Livingston Sports Club 10/25/2022 500.00
7751 1085 Yulisma Lomeli I 0/25/2022 132.50
7752 1086 Lisa Madrigal 10/25/2022 150.00
7753 1088 Carolyn Marshall 10/25/2022 100.00
7754 1087 Merced County Community Action Board 10/25/2022 150.00 7755 523 Merced County Tax Collector 10/25/2022 12,493.94 7756 269 Merced Pest Control 10/25/2022 80.00
7757 389 Mid Valley IT I 0/25/2022 14,496.00
7758 180 Mission Linen Service 10/25/2022 783.15
7759 431 Monte Vista Small Animal Hospital 10/25/2022 1,129.69 7760 490 NoraTek Solutions, Inc. 10/25/2022 4,728.15
7761 199 Northstar Chemical 10/25/2022 9,559.84
7762 949 Nova Heating and Air Conditioning 10/25/2022 3,589.49 7763 302 Office Depot, Inc. 10/25/2022 548.25
7764 437 Operating Engineers Local 3 I 0/25/2022 288.00 7765 438 Operating Engineers Local 3 10/25/2022 469.00
7766 205 Paramount Pest Services 10/25/2022 133.00
7767 203 PG&E 10/25/2022 570.97
7768 405 Premier Access Insurance Company I 0/25/2022 4,813.40 7769 1091 R & B Restorations Construction, Inc 10/25/2022 1,245.00 7770 1011 Radio Mate 10/25/2022 122.70
7771 554 Alvaro Ramirez 10/25/2022 189.00
7772 433 Razzari Ford I 0/25/2022 8,470.83
7773 265 Resourceability 10/25/2022 1,212.80
7774 1093 Rios Insurance Agency 10/25/2022 100.00
7775 673 Robie Refrigeration, Inc. 10/25/2022 4,770.92
7776 1090 Christopher Ruiz I 0/25/2022 150.00
7777 208 Saenz Pest Control, Inc. 10/25/2022 127.00
7778 561 Safe-T-Lite of Modesto, Inc. 10/25/2022 959.91 7779 407 San Joaquin Valley Air Pollution Control D 10/25/2022 433.00 7780 739 Self- Help Enterprises I 0/25/2022 965.15
7781 439 Sharpening Shop 10/25/2022 852.07
7782 307 Shred-It, C/0 Stericycle, Inc. I 0/25/2022 537.14 7783 1094 Graciela Silva I 0/25/2022 100.00
7784 323 Springbrook Holding company LLC 10/25/2022 1,886.00 7785 309 St. Francis Electric I 0/25/2022 380.00
7786 526 State Water Resources Control Board I 0/25/2022 150.00 7787 1095 Supreme Shield Corp. I 0/25/2022 1,039.50
7788 564 Texas Life Insurance 10/25/2022 84.80
7789 973 Ramiro Torres I 0/25/2022 150.00
7790 284 Trans Union LLC 10/25/2022 385.20
7791 1017 Debt Management Services U.S. Departme1 10/25/2022 69.26 7792 249 United Site Services 10/25/2022 382.55
7793 996 United States Treasury I 0/25/2022 427.53
7794 1096 Up Star Mo1tgage LLC 10/25/2022 100.00
7795 314 Valley Coffee 10/25/2022 45.30
7796 504 VIP Audio Visual Company, Inc 10/25/2022 1,500.00 7797 608 Vision Service Plan- CA I 0/25/2022 1,362.92
7798 287 West Coast Code Consultants, Inc. I 0/25/2022 14,741.85 7799 210 WGR Southwest, Inc. 10/25/2022 4,463.56
7800 765 White Brenner LLP 10/25/2022 19,7 10.30
7801 597 Work Wellness 10/25/2022 203.00
7802 UB*02011 BULMARO ZURITA 10/25/2022 3.17
Total for 10/25/2022: 342,559.03
AP Checks by Date - Summary by Check Date (11 /8/2022 9:31 AM) Page 5 Check No Vendor o Vendor amc Check Date Check Amount
Report Total (255 checks): I .488,032.0 I
AP Checks by Date - Sum mary by Check Date (11/8/2022 9:31 AM) Page 6

MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
MAY 12, 2022
A Special Meeting of the Livingston City Council was held on May 12, 2022, in the Council of Chambers with Mayor Aguilar presiding.

CALL TO ORDER
Mayor Aguilar called the meeting to order at 5:37 p.m.

ROLL CALL
~ Mayor Juan Aguilar Jr.
~ Mayor Pro-Tern Raul Garcia (by Teleconference)
~ Council Member Maria Baptista-Soto (Late Attendance)
~ Council Member Jose A. Moran
~ Council Member Gagandeep Kang
Council Member Soto entered the Council of Chambers at 6:04 p.m.

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

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Aguilar opened and closed Citizen Comments at 5:36 p.m.as there were no further comments from the public.

Pagel of 3

DISCUSSION AND POTENTIAL ACTION ITEMS
l. Conduct Interviews with Applicants for the Parks, Recreation & Arts Commission Vacancies.

Christine Fernandez, Jilda Lopez, Suki Joh!, Omar Herrera, and Linda Placencia were interviewed by the Council for the Parks, Recreation & Arts Commission vacancies.

2. Discussion and Direction on Updating the Current Fireworks Ordinance.

City Manager Portillo informed the Council of publication requirements if the ordinance is changed.

Council Member Moran introduced this 1tem.

There was a brief discussion between Council and staff on the Updating the Current Fireworks Ordinance.

Council agreed to Ms. Portillo's suggestion of creating an Ad Hoc Committee with city staff, fire department and two council members to make recommendations.

Council Member Moran volunteered to be part of the Ad Hoc Committee.

CLOSED SESSION

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

CLOSED SESSION ANNOUNCEMENTS
Council gave direction to staff.

ADJOURNMENT
The special meeting was adjourned by consensus at 8:40 p.m.

City Clerk of the City of Livingston

Page 2 ends

APPROVED:

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

Page 3 ends

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
MAY 17, 2022
A Regular Meeting of the Livingston City Council was held on May 17, 2022, in the City Council Chambers with Mayor Aguilar presiding.

REGULAR MEETING
Mayor Aguilar called the meeting to order at 7:02 p.m.

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

ROLL CALL
cgj Mayor Juan Aguilar Jr.

D Mayor Pro-Tem Raul Garcia (Excused Absence)
cgj Council Member Maria Baptista-Soto (Late Attendance) cgj Council Member Jose A. Moran
cgj Council Member Gagandeep Kang
Council Member Soto was marked absent during roll call; however, Council Member Soto entered the Council of Chambers at 7:35 p.m. after the roll call was taken. Therefore, the roll call was changed to Council Member Soto being late.

CLOSED SESSION ANNOUNCEMENTS
The closed session was moved to the end of the regular meeting.

CHANGES TO THE AGENDA
City Attorney Hallinan requested that Item 1 of the closed session be removed since it is unnecessary.

Page 1 of 6 ends

CITIZEN COMMENTS
Mayor Aguilar opened and closed Citizen Comments at 7:04 p.m. as there were no comments from the public.

AWARDS, PRESENTATIONS, PROCLAMATIONS
I. Presentation by Jaime Holt, Chief Communications Officer, San Joaquin Valley Air Pollution Control District: Air Quality Efforts in the San Joaquin Valley.

Jaime Holts gave a PowerPoint presentation on the air quality efforts in the San Joaquin Valley.

She introduced Council Member Debra Lewis from Los Banos.

Debra Lewis further discussed the programs and grant funds provided by San Joaquin Valley.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
• Public Works Superintendent Avina
• Recreation Superintendent Benoit
• City Manager Portillo
Staff responded to Council questions.

Mayor and Council Members' Announcements and Reports
• Council Member Moran
• Council Member Soto
• Mayor Aguilar

CONSENT AGENDA

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

4. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated April 20, 2022

5. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated May 6, 2022

6. ADOPT RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A

GENERAL MUNICIPAL ELECTION AND REQUESTING THE BOARD OF SUPERVISORS

OF THE COUNTY OF MERCED CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022
Resolutions Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 8, 2022, for the Election of the Mayor and Two (2) Council Members as

Page 2 ends

Required by the Provisions of the Laws of the State of California Relating to General Law Cities; and Requesting the Board of Supervisors of the County of Merced Consolidate a General Municipal Election to be Held on November 8, 2022, with the Statewide General Election to be Held on November 8, 2022, with the Statewide General Election to be Held on the Date Pursuant to Section I 0403 of the Elections Code.

7. APPROVE RESOLUTION ACCEPTING COMPLETION FOR THE 2021 SLURRY SEALS

PROJECT
Resolution Accepting Completion for the 2021 Slurry Seals Project, Authorizing the Deputy City Clerk to File a Notice of Completion with Merced County, and Authorizing the City Manager to Make Final Payment of Retention Monies to VSS International, Inc.

8. APPROVE RESOLUTION INITIATING PROCEEDINGS AND ORDERING THE

PRELIMINARY ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS

CITYWIDE CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. I
Initiating Proceedings and Ordering the Preliminary Engineer's Report for the Annual Levy of Assessments for Fiscal Year 2022/2023 for the Citywide Consolidated Landscape Maintenance Assessment District No. I, Approving the Engineer's Report, Declaring the City's Intention to Levy Annual Assessments for the District, and Appointing a Time and Place for a Public Hearing.

9. APPROVE RESOLUTION INITIATING PROCEEDINGS AND ORDERING THE

PRELIMINARY ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS

FOR THE LIVINGSTON BENEFIT ASSESSMENT DISTRICT
Initiating Proceedings and Ordering the Preliminary Engineer's Report for the Annual Levy of Assessments for Fiscal Year 2022/2023 for the Livingston Benefit Assessment Districts, Approving the Engineer's Report, Declaring the City's Intention to Levy Annual Assessments Within Such Districts and Appointing a Time and Place for a Public Hearing.

Motion: Moran/Kang to approve Consent Agenda items 2, 3, 4, 5, 6, 7, 8, and 9. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members: Soto, Moran, Kang, and Aguilar
Council Members: None
Council Members: Garcia
I 0. ADOPT RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING WITH

MERCED UNION HIGH SCHOOL DISTRICT (MUHSD)
Resolution Approving a Memorandum of Understanding (MOU) between the Merced Union High School District (MUHSD) and the City of Livingston for School Resource Officer Program and Authorize the City Manager to Execute the Agreement.

Item IO was pulled for discussion.

There was a brief discussion between the Council and staff regarding the Memorandum of Understanding (MOU) between the Merced Union High School District (MUHSD) and the City of Livingston for School Resource Officer Program.

Mayor Aguilar opened and closed Public Comments at 8:09 p.m. as there were no comments from the public.

Page 3 ends

Motion: Kang/ Aguilar to approve Resolution No. 2022-28, Approving a Memorandum of Understanding (MOU) between the Merced Union High School District (MUHSD) and the City of Livingston for School Resource Officer Program and Authorize the City Manager to Execute the Agreement. The motion carried 3-0-1-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Conduct Interviews with Applicant(s) for the Parks, Recreation and Arts Commission Vacancies.

Applicant Gerardo Aguilar was interviewed by the Council for the Parks, Recreation and Arts Commission vacancies.

Deputy City Clerk Cisneros noted that the second applicant, Candice Aguilar, could not attend.

12. Council Discussion of Applicants Pool, Credentials and Qualifications.

There was a brief discussion between Council and staff regarding the applicants who did not participate in the interview process.

13. Appoint Four (4) Volunteer Regular Commissioners and One (I) Volunteer Alternate Commissioner for a 4 Year Appointment to the Parks, Recreation and Arts Commission.

Motion: M/S Aguilar/Moran to appoint Christine Fernandez as a Regular Commissioner on the Parks Recreation and Arts Commission. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Soto, Moran, Kang, and Aguilar
None
Garcia
Motion: MIS Moran/Soto to appoint Suki Joh! as a Regular Commissioner on the Parks Recreation and Arts Commission. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Soto, Moran, Kang, and Aguilar
None
Garcia
Motion: MIS Kang/Soto to appoint Gerardo Aguilar as a Regular Commissioner on the Parks Recreation and Arts Commission. The motion carried 3-0-1-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

Soto, Kang, and Aguilar
None
Garcia
Moran
Motion: MIS Moran/Aguilar to appoint Jilda Lopez as a Regular Commissioner on the Parks Recreation and Arts Commission. The motion carried 3-1-1 by the following roll call vote:

Page 4 ends

AYES:

NOES:

ABSENT:

Council Members:

Moran, Kang, and Aguilar
Soto
Garcia
Motion: MIS Aguilar/Moran to appoint Omar Herrera as an alternate Commissioner on the Parks Recreation and Arts Commission. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Soto, Moran, Kang, and Aguilar
None
Garcia

14. Discussion and Direction Regarding Fireworks Show Funding.

City Manager Portillo introduced this item.

There was a brief discussion between Council and staff regarding the Fireworks Show Funding.

City Manager Portillo noted that an item would be brought to the Council for approval for the amount requested by Council.

Council gave direction to budget $15,000 for a firework show.

Mayor Aguilar opened and closed Public Comments at 8:57 p.m. as there were no comments from the public.

15. Discussion and Direction to Assign Council to an Ad Hoc Committee for Fireworks Ordinance Update.

Mayor Aguilar introduced this item.

There was a brief discussion between Council Members regarding assigning Council to an Ad Hoc Committee for Fireworks Ordinance Update.

Council Member Moran and Mayor Aguilar volunteered to be part of the Ad Hoc Committee for Fireworks Ordinance Update.

Mayor Aguilar noted that the committee would be focused on the ordinance update.

Mayor Aguilar opened and closed Public Comments at 9:01 p.m. as there were no comments from the public.

16. Discussion and Direction to Assign Council to an Ad Hoc Committee for Homelessness.

Mayor Aguilar introduced this item.

Council assigned Raul Garcia and Maria Soto to the Ad Hoc Committee for Homelessness.

Mayor Aguilar opened and closed Public Comments at 9:04 p.m. as there were no comments from the public.

City Manager Portillo asked the Council what would be the commission's main focus.

Page 5 ends

Mayor Aguilar responded that the main focus is to provide education, resources, and an action plan to address the issue.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor and Council Members provided direction to add the following items to a future agenda:
• Time Capsule
• Street renaming
• Tobacco Issue
• Residential Lawn Replacement Program
The Council resumed closed session.

CLOSED SESSION ANNOUNCEMENTS
Council gave direction to staff.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:55 p.m.

Deputy City Clerk of the City of Livingston
APPROVED:

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

Page 6 of 6 ends

STAFF REPORT
AGENDA ITEM: Rental of Rec Plex to Arakelian Farms
MEETING DATE: November 15, 2022
PREPARED BY: Jacquelyn Benoit, Recreation Superintendent REVIEWED BY: Vanessa Portillo, City Manager
RECOMMENDED COUNCIL ACTION:

Staff recommends that City Council adopt a resolution to authorize the City Manager to execute a lease agreement between Arakelian Farms and the City of Livingston .

BACKGROUND/DISCUSSION:

The City purchased the Livingston Farmers Association building at the corner of 6th and D Street. The building was used for produce storage. Through the Prop-68 Grant, the property is in the process of being changed into a Recreation Multipurpose facility.

David Arakelian has approached the City about renting the facility on a month-tomonth basis for 4-5 months. City staff has done research and consulted the State of California Prop-68 Grant Manager to ensure this activity is permitted until the City is ready to build the Recreation Center. The State has provided clearance for the Cit y to enter into an agreement with Arakelian Farms.

Construction on this property is not due to begin until September 2023. Arakelian Farms will be using the 13,000sq ft and pay the City $2500 per month for the use.

Arakelian Farms will provide insurance of $2 million dollars on the facility as required in our Lease Agreement.

FISCAL IMPACT:

The facility rental has the potential of generating $10,000 to $15,000 towards the future facility needs.

ATTACHMENTS:

1. Resolution Authorizing the City Manager to Execute a Lease agreement between Arakelian Farms and the City of Livingston

2. Lease Agreement
1 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT

BETWEEN ARAKELIAN FARMS AND THE CITY OF LIVINGSTON
WHEREAS, The City purchased the Livingston Farmers Association building at the corner of 6th and D Street; and
WHEREAS, Through the Prop-68 Grant, the property is in the process of being changed into a Recreation Multipurpose facility; and
WHEREAS, The Grant agency has deemed this use of the facility as an allowable use until construction begins; and
WHEREAS, David Arakelian wishes to Lease the facility on a month-to- month basis for 4-5 months for $2,500 per month; 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.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

Page 1 of 2 ends

Juan Aguilar Jr., Mayor
of the City of Livingston
ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 15th day of November, 2022.

Page 2 ends

Monica Cisneros, Deputy City Clerk
of the City of Livingston

LAND LEASE AGREEMENT
THIS LAND LEASE (this "Lease") is made and entered into by and between the City of Livingston ("Landlord") and Arakelian Farms ("Tenant") as of the __ day of ___ 2022.

Landlord and Tenant are hereinafter collectively referred to as the "Parties," and singularly as a "Party."
Landlord and Tenant hereby agree as follows:

ARTICLE 1--BASIC LEASE INFORMATION

1.1 Defined Terms. In addition to the terms which are defined elsewhere in this Lease, the following terms shall have the following meanings:
(A) COMMENCEMENT DATE: _______ _
(B) EXPIRATION DATE: _______ _
(C) LAND: Future Site of Livingston Rec-Plex located on City-owned property at 641 6th Street and also known as APN: 024-154-005-000. Area being leased is the 13,000 square feet of the upper level of the structure(see Exhibit A attached). (D) LANDLORD: The City of Livingston
(E) LANDLORD'S ADDRESS: 1416 C Street
Livingston, CA 95334
almonds.
(F) PERMITTED USE: The Land will be used for the purpose of store (G) RENT: Rent shall be Two Thousand Five Hundred Dollars ($2500.00) per month payable in accordance with the terms of this Lease. (H) TENANT:
(I) TENANT'S ADDRESS:

Arakelian Farms, David Arakelian
15391 Vinewood Ave.

Livingston, CA 95334
(J) TERM: Month to Month lease, beginning on the Commencement Date and expiring on the Expiration Date. Lease may be terminated by either party with thirty (30) days written notice.

ARTICLE 2--AGREEMENT AND USE

2.1 Lease; Term and Termination. Landlord hereby demises and leases to Tenant the Land, and Tenant shall lease the Land from Landlord, according to the terms and conditions of this Lease. The duration of this Lease will be the Term. The Term will commence on the Pugc 1 of 14

LAND LEASE AGREEMENT BETWEEN

CITY OF LIVINGSTON AND FLOR CHAVEZ
Commencement Date,
---~and will expire on the Expiration Date, . Either party can terminate the Lease for any reason by providing the other party with thirty (30) days written notice of their intent to terminate.

2.2 Use. Tenant shall use the Land only for the Permitted Use. Tenant shall not allow the Land to be used for any unlawful purposes. Tenant will not commit waste and will not create any nuisance or interfere with, annoy or disturb any other tenant of Landlord's Property. Except as provided herein, Tenant shall not erect signs or other improvements on the Land without the written approval of Landlord, which approval may be withheld in the sole discretion of Landlord, unless such signs are required by state or federal law, in which case such approval shall not be unreasonably withheld or delayed. Tenant will keep the Land free from all trash, debris, and waste. Landlord will provide Tenant with access to the Land 24 hours per day, seven (7) days a week, 365 days a year, subject to limitations forth in Section 2.5 below.

Notwithstanding anything to the contrary contained in this Lease, if, in the exercise of any rights hereunder, Tenant shall cause damage to the Landlord's Property or any equipment located on Landlord's Property, Tenant shall, within ten (10) days after receipt of a statement from Landlord evidencing the amount of such damage, pay Landlord the costs to repair such damage.

2.3 Delivery of Possession. Landlord will deliver possession of the Land to Tenant on the Commencement Date, "AS-IS" in its present condition. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Land for the conduct of Tenant's business, or as to the physical condition of the Land, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any improvements to the Land.

2.4 Tenant Improvements and all Improvements.
(A) Approval of Tenant Improvements. Tenant shall not install or construct any Tenant Improvement, or any other improvements authorized by the City, on the Land without providing Landlord written plans for the improvements and receiving the written approval of Landlord, which approval may be withheld in the sole discretion of Landlord. (B) Record Keeping. Tenant shall keep all records, including, but not limited to, plans, contracts, work orders and receipts ("Records") for any and all Tenant Improvements and all other improvements installed or constructed on the Land. Tenant shall provide Landlord with all Records upon request.
(C) Ownership of Tenant Improvements. Pursuant to Article 6 of this Lease. upon the end of the Lease's term, or upon any earlier termination, of all improvements to the Land made by the Tenant during the term of this Lease, shall be the sole property of Landlord.

Landlord shall not be obligated to compensate Tenant for any Tenant Improvements or other improvements made to the Land, unless the parties agree for such compensation in writing.

ARTICLE 3--RENT AND TAXES

Page 2 of 14 ends

LAND LEASE AGREEMENT BETWEEN

CITY OF LIVINGSTON AND FLOR CHAVEZ

3.1 Rent. Tenant shall pay the Rent to Landlord, at a rate of Two Thousand Five Hundred Dollars ($2500.00) per month, payable in accordance with the terms of this Lease. This amount does not include any amounts that this Lease requires Tenant to pay in addition to the Rent, such as utilities. Rent will be paid in advance to the City of Livingston on or before the 15th of the month, without written notice or demand and without deduction or offset, in lawful money of the United States of America. If the Term commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, then the monthly Rent will be appropriately prorated based on the actual number of days in that month.

Upon execution of this Lease, Tenant shall deliver to Landlord the Rent for the first month of the Lease.

3.2 Utilities. Tenant will be responsible for all utilities provided to the Land, such as electricity, water, gas or other such services or utilities.

3.3 Limitation on Liability. Landlord will not be in default under this Lease or be liable to Tenant or any other person, for direct or consequential damages, or otherwise, for any failure to supply any electricity, water, gas, security or other utilities, or for surges or interruptions of electricity, or other such services or utilities.

ARTICLE 4--INSURANCE

4.1 Tenant's Insurance. At all times during the Term, Tenant will carry and maintain. at Tenant's expense, the following insurance in the amounts specified below or such other amounts as Landlord may from time to time reasonably request. (A) Bodily injury and property damage liability insurance, with a combined single occurrence limit of not less than $2,000,000.00. All such insurance will be equivalent to coverage offered by a Commercial General Liability firm including, without limitation, personal injury, death of persons or damage to property occurring in, on, or about the Land, and contractual liability coverage for the performance by Tenant of the indemnity agreements set forth in this Lease;
(B) Insurance covering the Tenant Improvements, and all of Tenant's machinery, equipment, and any other personal property owned by Tenant and located on or about the Land and any leasehold improvements to the Land, in an amount not less than the full replacement cost. Property forms will provide coverage on a broad form basis insuring against "all risks of direct physical loss." All policy proceeds will be used for the repair or replacement of such property damaged or destroyed; and Tenant will be entitled to the remainder, however, if this Lease ceases, Tenant will in any event be entitled to any proceeds resulting from damage to Tenant's machinery, equipment, and other personal property; (C) Workers' compensation insurance insuring against and satisfying Tenant's obligations and liabilities under the workers' compensation laws of the State of California. including employer's liability insurance in the limits required by the laws of the State of California;
(D) If Tenant operates owned, hired, or non-owned vehicles on the Land.

Page 3 of 14 ends

LAND LEASE AGREEMENT BETWEEN

CITY OF LIVINGSTON AND FLOR CHAVEZ
comprehensive automobile liability insurance, at a limit of liability not less than $1,000,000 combined bodily injury and property damage; and
(E) Any additional insurance reasonably requested by Landlord.

4.2 Forms of the Policies. Each insurance policy obtained by Tenant, pursuant to this Lease, shall contain a clause that the insurer will provide Landlord with at least thirty (30) days' prior written notice of any material change, non-renewal or cancellation of the policy, and shall be in a form satisfactory to Landlord and shall be taken out with an insurance company authorized to do business in the State of California and rated not less than Financial Class XIII and Policy Holder Rating "A" in the current issue of Best's Insurance Code. Except for workers' compensation insurance, each insurance certificate shall indicate that the insurer waives its rights of subrogation against Landlord. In addition, any insurance policy obtained by Tenant shall be written as primary policies, non-contributing with or in excess of any coverage which Landlord may carry, with loss payable clauses satisfactory to Landlord and in favor of Landlord, and naming Landlord and any management agent from time to time designated by Landlord and any lender of Landlord as additional insured. The liability limits of the above-described insurance policies shall in no way limit the liability of Tenant under the terms of Article 5 below. Not more frequently than every two years, if, in the reasonable opinion of Landlord, the amount of liability insurance specified in this Article 4 is not adequate, in view of increased judgments and verdicts granted for injury to persons or damage to property, the above-described limits of coverage shal I be adjusted by Landlord, by written notification to Tenant, in order to maintain insurance protection at least equal to the protection afforded on the date the Term commences. If Tenant fails to maintain and secure the insurance coverage required under this Article 4, then Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to procure and maintain such insurance, the cost of which shall be due and payable to Landlord by Tenant on demand. Any policy of insurance required pursuant to this Lease containing a deductible exceeding Ten Thousand Dollars ($10,000) per occurrence must be approved by Landlord in writing prior to the issuance of such policy. Tenant shall be solely responsible for the payment of any deductible.

If, on account of the failure of Tenant to comply with the provisions of this A1ticle 4.

Landlord is deemed a co-insurer by its insurance carrier, then any loss or damage which Landlord shall sustain by reason thereof shall be borne by Tenant and shall be immediately paid by Tenant upon receipt of a bill therefore and evidence of such loss.

4.3 Waiver of Subrogation. Landlord and Tenant each waive any and all rights to recover against the other or against the officers, directors, shareholders, partners, joint ventures. employees, agents, customers, invitees or business visitors of such other party, for any loss or damage to such waiving party arising from any cause covered by any property insurance required to be carried by such party pursuant to this Article 4 or any other property insurance actually carried by such party to the extent of the limits of such policy. Landlord and Tenant, from time to time, will cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to all property insurance policies carried in connection with the Land or the contents of the Land.

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ARTICLE 5--INDEMNIFICATION, WAIVER, AND RELEASE

5.1 Tenant's Indemnification. From and after execution of this Lease, Tenant assumes all risks of its own operations, and Tenant and its agents and independent contractors shall indemnify and hold Landlord, its employees and agents harmless from and against, any and all demands, claims, causes of action, fines, penalties, damages (including consequential damages), liabilities, judgments, and expenses (including, without limitation, reasonable attorneys' fees) which arise out of or relate to: (a) the use or occupancy or manner of use or occupancy of the Land by Tenant or any person claiming under Tenant; (b) any activity, work, or thing done or permitted by Tenant in or about the Land; (c) any breach by Tenant or its employees, agents, contractors or invitees of this Lease; and ( d) any injury, loss or damage to the person, property or business of Tenant, its employees, agents, or contractors or any invitees entering upon the Land under the express or implied invitation of Tenant. If any action or proceeding is brought against Landlord or its employees or agents by reason of any such claim for which Tenant has indemnified Landlord, Tenant, upon written notice from Landlord, will defend the same at Tenant's expense with counsel reasonably satisfactory to Landlord. Tenant's obligations under this Section shall survive the expiration or other termination of this Lease.

If the Land or the Tenant Improvements are destroyed or damaged by any cause to such an extent or degree that Tenant suffers shut down of service or loss of revenue or property, Landlord shall not be responsible in any way for loss of such revenue or property. If Tenant cannot or chooses not to restore service within 180 days, either party may, at its option and without liability, terminate this Lease upon notice to the other party.

5.2 Waiver and Release. Tenant, as a material part of the consideration to Landlord for this Lease, by this Section, waives and releases all claims against Landlord, its employees and agents with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease.

ARTICLE 6--END OF TERM

6.1 Surrender. Upon expiration or earlier termination of this Lease, Tenant shall surrender the Land to Landlord. Within ten (I 0) days following the expiration or termination of this Lease, Tenant shall remove all of its equipment or minor trade fixtures installed, and any other improvements made to the Land. Upon termination of the lease, all Tenant Improvements and any other improvements made to the Land will become property of the Landlord. Tenant will also restore the Land to its original condition as of the Commencement Date, except for the existence of any Tenant Improvements, reasonable wear and tear excepted. Tenant shall also restore the surface of the Land to its original contour as nearly as practicable. If, within ten (I 0) days after the expiration or termination of this Lease, Tenant has not removed its equipment or minor trade fixtures constructed or installed, except for the Tenant Improvements or property, and not restored the Land as required herein, Landlord may do so and Tenant shall reimburse Landlord for all expenses or costs for removal and restoration. Tenant's obligations under this Section shall survive the expiration or other termination of this Lease.

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6.2 Holdover. Tenant will have no right to remain in possession of all or any part of the Land after the expiration of the Term. If Tenant remains in possession of all or any part of the Land after the expiration of the Term: (a) such tenancy will be deemed to be a tenancy at will:
(b) such tenancy will not constitute a renewal or extension of this Lease for any further term; (c) such tenancy may be terminated by Landlord upon prior written notice to Tenant on the earliest date permitted by law; and (d) Tenant shall be liable to Landlord for any and all losses and damages suffered or incurred by Landlord as a result of Tenant's failure to vacate the Land upon expiration of this Lease. In the event of any holdover by Tenant, Rent will be increased to an amount equal to 200% of the Monthly Rent payable during the last month of the Term, and any other sums due under this Lease will be payable in the amount and at the times specified in this Lease. Such tenancy will be subject to every other term, condition, and covenant contained in this Lease except that any renewal, expansion or purchase options or rights of first refusal contained in this Lease shall be null and void during such month-to-month tenancy.

ARTICLE 7--MAINTENANCE AND REQUIREMENTS OF LAW

7.1 Maintenance. Tenant shall at all times throughout the Term, at its sole cost and expense, maintain and repair the Land, any Tenant Improvements, and all minor trade fixtures and personal property of Tenant located thereon in good condition and repair. In the event that Tenant fails to maintain the Land in good condition and repair, as required by this Lease, or fails to comply with Applicable Laws, covenants and requirements, then, immediately following written notification to Tenant (except in the case of an emergency, in which case no prior notification shall be required), Landlord shall have the right, but not the obligation, to enter the Land and to do such acts and expend such funds at the expense of Tenant as are required to place the Land in good condition and repair and to comply with Applicable Laws, covenants and requirements. Any amount so expended by Landlord shall be paid by Tenant within ten (10) days after demand. Landlord shall have no liability to Tenant for any loss or damage that may accrue to Tenant's fixtures, equipment, furniture or other property or for any inconvenience or interference with the use of the Land by Tenant resulting from Landlord's performance of such maintenance or repair work.

7.2 Compliance with Laws. For the purposes of this Section 7.2, "Applicable Laws" means all laws, statutes, ordinances and governmental rules, regulations, or requirements now in force or in force after the Commencement Date, the requirements of any board of fire underwriters or other similar body constituted now or after the Commencement Date, and any direction or permanent occupancy certificate issued pursuant to any law by any public officer or officers, as well as the provisions of all recorded documents affecting the Land. At its sole cost and expense, Tenant will promptly comply with Applicable Laws insofar as they relate to (a) Tenant's use, occupancy, or alteration of the Land; (b) the condition of the Land resulting from Tenant's use, occupancy, or alteration of the Land; or (c) alterations to the Land required as a result of Tenant's status under Applicable Laws.

7.3 Hazardous Materials.
(A) Tenant's Obligations. Tenant will not permit, use or conduct operations on

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or at the Land or manufacture, store, sell, use, dispose of, release, or discharge or permit the manufacture, storage, sale, use, disposal, release, or discharge of Hazardous Materials in any manner which violates Environmental Law or which causes there to be any liability under Environmental Law. Tenant will be solely responsible for and will defend, indemnify and hold Landlord its agents and employees harmless from and against any and all liability, claims, suits. actions, proceedings, damages, costs, and expenses, including, without limitation, attorneys' fees and costs, imposed upon or incurred by Landlord arising out of or in connection with a breach of the provisions of this Section or Tenant's introduction of Hazardous Materials to the Land.

Tenant's obligations under this Section will survive the expiration or prior termination of this Lease.
(B) Notification. Tenant will promptly notify Landlord of (i) any and all enforcement, cleanup, remedial, removal, or other governmental or enforcement cleanup or other governmental or regulatory actions instituted, completed or threatened pursuant to any Environmental Laws relating to any Hazardous Materials affecting any part of the Land; and (ii) all claims made or threatened by any third party against Tenant, or any part of the Tenant Improvements relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Materials on or about the Land or any part of the Land. (C) Environmental Assessments. Landlord may, from time to time during the Term, conduct such environmental assessments or tasks as Landlord deems necessary, provided that Landlord will give Tenant reasonable prior notice of its entry on the Leased Premises for such purposes and will cooperate in minimizing any disruption of Tenant's use of the Land as a result of such activity. Landlord will make available to Tenant copies of any reports or assessments so obtained by Landlord.
(D) Definition. For the purpose of this Lease, "Hazardous Material" shall include, but not be limited to: (a) substances defined, or as may be defined, as "hazardous substances," "hazardous materials," or "toxic substances" in: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U .S.C. Section 9601, et seq. ("CERCLA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., the Resource Conservation and Recovery Act, 42 U .S.C. Section 6901, et seq. ("RCRA"), the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), the Safe Drinking Water Act (42 U.S.C. §§ 300f et seq.), the Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.), the Clean Air Act (42 U.S.C. §§ 7401 et seq.), California Health & Safety Code§§ 25100 et seq. and §§ 39000 et seq., the California Safe Drinking Water & Toxic Enforcement Act of 1986 (California Health & Safety Code §§ 25249.5 et seq.), the Porter-Cologne Water Quality Control Act (California Water Code§§ 13000 et seq.), any and all amendments and recodifications of the foregoing laws and any rules or regulations adopted and publications promulgated pursuant to said laws; or any other federal, state, or local statute, law, ordinance, code, rule, regulation. order, or decree regulating, relating to, or imposing liability or standards of conduct concerning hazardous materials, waste, or substances now or at any time hereafter in effect (collectively. "Environmental Law"); (b) any other substance which results in liability to any person or entity from exposure to such substance under any statutory or common law theory; and (c) any matter or substance which is in excess of relevant and appropriate levels set forth in any applicable federal, state, or local laws or regulations pertaining to the regulation of any hazardous or toxic substance, material or waste, or for which any applicable federal, state or local agency orders or

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otherwise requires the removal, treatment or remediation.

ARTICLE 8--ALTERATIONS, ADDITIONS AND MINOR TRADE FIXTURES

8.1 Except as provided herein, Tenant shall not make any alterations, additions or improvements to the Land, or any part thereof (hereinafter "Alterations"), without Landlord's prior written consent.

8.2 List of all Equipment and Minor Trade Fixtures. Upon request by Landlord, Tenant shall provide a list of all equipment and minor trade fixtures to Landlord for inspection.

8.3 List of all Alterations. Upon request by Landlord, Tenant shall provide a list of all Alterations to Landlord for inspection.

ARTICLE 9--DEFAULT

9.1 Events of Default. The following events are referred to, collectively, as "Events of Default," or individually as an "Event of Default":
(A) Tenant defaults in the due and punctual payment of Rent, and such default continues for five days after written notice from Landlord; however, Tenant will not be entitled to more than one written notice for monetary defaults during any 12-month period, and if after such written notice any Rent is not paid when due, an Event of Default will be considered to have occurred without further notice;
(B) Tenant vacates or abandons the Land;
(C) This Lease or any part of the Land are taken upon execution or by other process of law directed against Tenant, or are taken upon or subject to any attachment by any creditor of Tenant or claimant against Tenant, and said attachment is not discharged or disposed of within fifteen (15) days after its levy;
(D) Voluntary or involuntary proceedings under any bankruptcy or insolvency, or for reorganization or arrangement under the bankruptcy laws of the United States or insolvency act of any state or for the dissolution of Tenant, are instituted against Tenant, or a receiver or trustee is appointed for all, or substantially all, of the property of Tenant, and such proceeding is not dismissed or such receivership or trusteeship vacated within sixty (60) days after such institution or appointment;
(E) Tenant purports to assign this Lease, or sublet all or a portion of the Land, in violation of the terms hereof;
(F) Any recordation in violation of Section 11.17 below; or (G) Tenant breaches any of the other agreements, terms, covenants or conditions which this Lease requires Tenant to perform, and such breach continues for a period

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of ten (I 0) days after written notice from Landlord to Tenant or, if such breach cannot be cured reasonably within such ten (I 0) day period, if Tenant fails to diligently commence to cure such breach within ten (IO) days after written notice from Landlord and to complete such cure within a reasonable time thereafter.

9.2 Replacement of Statutory Notice Requirements. When this Lease requires service of a notice, that notice shall replace rather than supplement any equivalent or similar statutory notice, including any notices required by California Code of Civil Procedure section 1161 or any similar or successor statute. When a statute requires service of notice in a particular manner, service of that notice (or a similar notice required by this Lease) in the manner required by Section 11.6 shall replace and satisfy the statutory service of notice procedures, including those required by California Code of Civil Procedure Section 1162 or any similar or successor statute.

9.3 Landlord's Remedies. If any one or more Events of Default set forth in Section

9.1 occurs then Landlord has the right, at its election:
(A) To terminate this Lease, in which case Tenant's right to possession of the Land will cease and this Lease will be terminated as if the expiration of the Term fixed in such notice were the end of the Term. If this Lease is terminated, Landlord will be entitled to recover from Tenant: (i) the unpaid rent that had been earned at the time of termination; (ii) the unpaid rent that had been earned at the date of the judgment awarding damages to Landlord (the "Date of Judgment"); (iii) the unpaid rent for the balance of the Term of this Lease after the Date of Judgment; and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or that in the ordinary course of things would be likely to result from that failure. The amount referred to in clauses (i) and (ii) is computed by allowing interest at the highest rate permitted by law. The amount referred to in clause (iii) is computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award. (B) To reenter and take possession of the Premises, expel Tenant and remove the effects of Tenant, using such force for such purposes as may be necessary, without being liable for prosecution, and without prejudice to any remedies for arrears of Rent or other amounts payable under this Lease. Landlord shall have the remedy described in California Civil Code section 1951 .4, which provides that, when a Tenant has the right to sublet or assign (subject only to reasonable limitations), the Landlord may continue the Lease in effect after the Tenant's breech and abandonment, and recover Rent as it becomes due. Accordingly, if Landlord does not elect to terminate this Lease on account of any default by Tenant, Landlord may enforce all of Landlord's rights and remedies under this Lease, including the right to recover all Rent as it becomes due.
(C) To cure any event of default and to charge Tenant for the cost of effecting such cure, including without limitation reasonable attorneys' fees and interest provided that Landlord will have no obligation to cure any such event of default of Tenant.

9.4 Remedies Cumulative. Landlord's rights hereunder shall be in addition to, and not in lieu of, every other right or remedy provided for herein, or now or hereafter, existing at law or in equity by statute or otherwise, including, but not limited to, injunctive relief, specific performance and damages. The exercise or beginning of exercise by Landlord of any one or

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more rights or remedies, provided herein or now or hereafter existing at law or in equity by statute or otherwise, shall not preclude the simultaneous or later exercise by Landlord of any or all other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. All such rights and remedies shall be considered cumulative and nonexclusive.

ARTICLE 10--SECURITY DEPOSIT
Intentionally Omitted
ARTICLE 11--GENERAL
I I. 1 Quiet Enjoyment. So long as Tenant performs all covenants and obligations contained in this Lease, Landlord warrants quiet enjoyment of the Land by Tenant; provided that Landlord, its agents or representatives, and any other person authorized by Landlord, may enter upon the Land for the purpose of inspecting the Land and to exhibit the Land to prospective purchasers or lenders. Any entry onto or inspection of the Land shall not constitute eviction of Tenant in whole or in part.

11.2 Condemnation. In the event of a condemnation or other taking by any governmental agency of all or a portion of the Land necessary for Tenant's operation of its business thereon, this Lease will terminate on the condemning authority takes possession of the Land. Any such condemnation award shall be paid to Landlord, except that Tenant will have the right to assert a separate claim for moving expenses, business interruption, and leasehold improvements paid for by Tenant.

11.3 Liens. Tenant will keep the Land free and clear of all mechanics' liens and other liens on account of work done for Tenant or persons claiming under Tenant.

I 1 .4 Assignment and Subletting. Tenant shall not directly or indirectly, voluntarily or by operation of law, sell, assign, encumber, pledge or otherwise transfer or hypothecate all or any part of the Land or Tenant's leasehold estate hereunder (collectively "Assignment"), or permit the Land, or any portion thereof, to be occupied by anyone other than Tenant or to sublet the Land, or any portion thereof ( collectively "Sublease") without Landlord's prior written consent in each instance, which consent shall not be unreasonably withheld, subject to the terms and conditions contained in this Article. Any sale or other transfer, including transfer by consolidation, merger or reorganization, of fifty percent (50%) or more (measured cumulatively over the Term of this Lease) of the voting stock of Tenant, if Tenant is a corporation, or any sale or other transfer of fifty percent (50%) or more (measured cumulatively over the Term of this Lease) of the partnership or membership interests in Tenant, if Tenant is a partnership or limited liability company, shall be an Assignment for purposes of this Article.

11.5 Limitation on Liability. Tenant specifically agrees to look solely to Landlord's interest in the Land for the recovery of any judgments from Landlord. It is agreed that Landlord (and its shareholders, ventures, and partners, and their shareholders, ventures and partners and all of their officers, directors and employees) will not be personally liable for any such judgments.

The provisions contained in the preceding sentences are not intended to, and will not, limit any

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right that Tenant might otherwise have to obtain injunctive relief against Landlord.

11.6 Notices. All notices and other communications required or permitted under this Lease shall be in writing and shall be given: (a) by United States first class mail, postage prepaid, registered or certified, return receipt requested; (b) by hand delivery (including by means of a professional messenger service); or (c) by delivery from a nationally recognized overnight delivery service that routinely issues receipts, which notice shall be addressed to the party to whom such notice is being given, at their address set forth in Section I. I above. Any such notice or other communication shall be deemed to be effective when actually received or rejected.

Either party may by similar notice given change the address to which future notices or other communications shall be sent.

11.7 Effect of Sale. A sale, conveyance or assignment of Landlord's interest in the Land will operate to release Landlord from liability from and after the effective date of such sale. conveyance or assignment upon all of the covenants, terms and conditions of this Lease, express or implied, except those liabilities which arose prior to such effective date, and, after the effective date of such sale, conveyance or assignment, Tenant will look solely to Landlord's successor-in-interest in and to this Lease. This Lease will not be affected by any such sale, conveyance or assignment, and Tenant will attorn to Landlord's successor-in-interest to this Lease, so long as such successor-in-interest assumes Landlord's obligations under this Lease from and after such effective date. Any such transfer or transfers of title or conveyances shall not disturb Tenant's rights under this Lease so long as Tenant is not in default under this Lease.

11.8 Estoppels Certificates. From time to time, within ten (I 0) days after receipt of written request by Landlord, Tenant will execute, acknowledge and deliver to Landlord a certificate certifying: (a) that this Lease is unmodified and in full force and effect or, if there have been modifications, that this Lease is in full force and effect, as modified, and stating the date and nature of each modification; (b) the date, if any, to which Rent and other sums payable under this Lease have been paid; (c) that no written notice of any default has been delivered to Landlord which default has not been cured, except as to defaults specified in said certificate; ( d) there is no Event of Default under this Lease, except for defaults specified in said certificate; and (e) such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by any prospective purchaser; or existing or prospective mortgagee, or beneficiary under any deed of trust of the Land. Tenant's failure to deliver such a certificate within such time will be conclusive evidence of the matters set forth in it.

11.9 Inspection. Landlord reserves the right to enter, at any time, the Land to inspect the same.
1 I. 10 Time of the Essence. Time is of the essence for each and every provision of this Lease.

I I .I No Waiver. The waiver by either Landlord or Tenant of any agreement, condition. or provision contained in this Lease will not be deemed to be a waiver of any subsequent breach of the same or any other agreement, condition, or provision contained in this Lease.

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11.12 Brokers. Landlord and Tenant respectively represent and warrant to each other that neither of them has consulted or negotiated with any broker or finder with regard to the Land. Each of them will indemnify the other against and hold the other harmless from any claims for fees or commissions from anyone with whom either of them has consulted or negotiated with regard to the Land.

11.13 Authority. Tenant, and the party executing this Lease on behalf of Tenant. represent to Landlord that such party is authorized to do so by requisite action of the board of directors, or partners, as the case may be, and agree, upon request, to deliver to Landlord a resolution or similar document to that effect.

11.14 Governing Law. This Lease and all matters arising out of or relating to this Lease, including, without limitation, its validity, interpretation, construction, performance and enforcement, will be governed by and construed pursuant to California law, without regard to its conflict oflaw's provisions.

11.15 Captions. The captions of the various Articles and Sections of this Lease are for convenience only and do not necessarily define, limit, describe or construe the contents of such Articles or Sections.

11.16 No Recordation. Any recordation of this Lease or any memorandum or short form of it will be void, and will constitute a non-curable default by Tenant under this Lease.

11.17 Severability. If any provision of this Lease proves to be illegal, invalid or unenforceable, the remainder of this Lease will not be affected by such finding, and in lieu of each provision of this Lease that is illegal, invalid or unenforceable, a provision will be added as a part of this Lease as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

11.18 Late Payments; Interest and Late Charges.
(A) Interest. Any amount due from Tenant to Landlord which is not paid when due (subject to any applicable grace period) shall bear interest at the maximum rate permitted by law from the date such payment is due until paid, except that amounts spent by Landlord on behalf of Tenant shall bear interest at such rate from the date of disbursement by Landlord. The interest required to be paid by Tenant pursuant to this Section shall constitute additional Rent under this Lease.
(B) Late Charges. Tenant hereby acknowledges that, in addition to lost interest, the late payment by Tenant to Landlord of Rent or any other sums due hereunder will cause Landlord to incur other costs not contemplated in this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Such other costs include, but are not limited to, processing, administrative and accounting costs. Accordingly, if any installment of Rent or any additional Rent or other sum due from Tenant is not be received by Landlord when such amount is due, Tenant shall pay to Landlord, without notice from Landlord, a late charge equal to ten percent (I 0%) of such overdue amount. The parties hereby agree that: (i) such late

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charge represents a fair and reasonable estimate of the costs Landlord will incur in processing such delinquent payment by Tenant; (ii) such late charge shall be paid to Landlord as liquidated damages for each delinquent payment pursuant to California Civil Code section 1671; and (iii) the payment of late charges and the payment of interest are distinct and separate from one another in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for the additional administrative expense incurred by Landlord in handling and processing de1inquent payments.

The late charge is not intended to compensate Landlord for the costs incurred by Landlord to handle NSF checks tendered by Tenant, and Landlord shall have the right to charge Tenant an NSF fee not to exceed Twenty-Five Dollars ($25 .00) per NSF check.

11.19 Attorneys' Fees. Tenant shall pay to Landlord all amounts for costs, including, but not limited to, attorneys' fees and amounts paid to any collection agency incurred by Landlord in connection with any breach or default by Tenant under this Lease, or incurred in order to enforce or interpret the terms or provisions of this Lease. Such amounts shall be payable upon demand. In addition, if any action shall be instituted by either Landlord or Tenant for the enforcement or interpretation of any of its rights or remedies in or under this Lease, the prevailing party shall be entitled to recover from the losing party all costs incurred by the prevailing party in said action and any appeal there from, including reasonable attorneys' fees and court costs to be fixed by the court therein. In the event Landlord is made a party to any litigation between Tenant and any third party, then Tenant shall pay all costs and attorneys' fees incurred by or imposed upon Landlord in connection with such litigation; provided, however, if Landlord is ultimately held to be liable, then Landlord shall reimburse Tenant for the cost of any attorneys' fees paid by Tenant on behalf of Landlord.

I 1.20 Entire Agreement; Amendment. This Lease contains the entire agreement between Landlord and Tenant. No amendment, alteration, modification of, or addition to the Lease will be valid or binding unless expressed in writing and signed by Landlord and Tenant.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written.

LANDLORD:

The City of Livingston,
a California Municipal Corporation
By:

Name: Vanessa L. Portillo
Title: City Manager

APPROVED AS TO FORM
Tom Hallinan, City Attorney
TENANT:

Arakelian Farms.

David Arakelian
15391 Vinewood Ave
Livingston, CA 95334
By:

Name: David Arakelian
Title: ~=------------ Tenant

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Exhibit A

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AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

RECOMMENDATION

STAFF REPORT

MERCED COUNTY SIXTH CYCLE MUL TIJURISDICTIONAL HOUSING

ELEMENT (MJHE) BY MERCED COUNTY ASSOCIATION OF

GOVERNMENTS(MCAG)
November 15, 2022
Jennifer Riedeman, Finance Director
Vanessa Portillo, City Manager
Staff recommends that the City Council adopt a resolution authorizing City of Livingston's participation in the Multijurisdictional Housing Element (MJHE) process and commitment to the share of the cost per the cost sharing agreement.

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 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 on a local and regional basis.

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.

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 rezoning 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. The statutory deadline for the region's sixth cycle housing elements to be certified by HCD is 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.

Several Metropolitan Planning Organizations (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.

STAFF REPORT
MCAG coordinated with jurisdictional staff to develop a Request for Proposals for a consultant to develop the sixth cycle MJHE. Proposals were due September 30th and MCAG received one proposal. A consultant selection committee comprised of representatives from each participating jurisdiction evaluated the proposal and is recommending that the Governing Board at its December 15, 2022, meeting approve the contract. 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
Each jurisdiction will be expected to prepare and submit their individual Housing Element Annual Performance Report to the California Department of Housing and Community Development (HCD).

DISCUSSION
In partnership with local jurisdictions, MCAG developed a draft cost sharing agreement to share the cost of the multijurisdictional effort. The contract amount is $1 ,030,743, 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 15th meeting. Upon receipt of the signed resolution, MCAG will issue each participating jurisdiction a deposit, per the cost sharing agreement, to assist MCAG with the cashflow for the large contract. Deposits will be due December 30, 2022.

FISCAL IMPACT
Jurisdictions will be responsible for a portion of their share of the MJHE. The consultant contract is $1 ,030,743. Approximately $480,000 of MCAG's REAP 1.0 funding will go towards the joint effort. In additional, 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 cost sharing agreement for the remaining $585,743, which is included as an attachment. The cost for the City of Livingston is $57,522. The City's share of cost will be paid for out of the General Plan Update Impact Fee Fund (Fund 2007).

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. The last Housing Element Update was performed by Mintier Harnish at a cost of $35,750 in 2016. The increase in preparation costs

Page 2 of 3 ends

STAFF REPORT
are likely a result of increased documentation illustrating compliance in meeting State housing development goals.

NEXT STEPS
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: Resolution to participate in the Merced County Sixth Cycle Multijurisdictional Housing Element
Attachment B: DRAFT Cost Sharing Agreement

Page 3 of 3 ends

RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LIVINGSTON APPROVING THE CITY OF LIVINGSTON TO PARTICIPATE IN THE MERCED

COUNTY MUL TIJUSRISDICTIONAL HOUSING ELEMENT AND COST SHARING

AGREEMENT
WHEREAS, Government Code Section 65588 requires local agencies to review and revise the housing elements to their comprehensive general plan in compliance with Section 65580 through 65589, Chapter 1143, Article 10.6, and
WHEREAS, the Merced County Association of Governments (MCAG) is a Joint Powers agency created by the six incorporated cities in Merced County and the County of Merced, pursuant to Government Code Sections 6500 et. Seq., and
WHEREAS, the local government agencies in Merced County have requested MCAG to hire a consultant to perform a coordinated update to the housing element of each local agency's General Plan at no cost to MCAG, and
WHEREAS, MCAG engaged the Regional Early Action Planning (REAP) Work Group consisting of the local member agencies to review the Request for Proposal, evaluate bids, select a consultant, develop a cost sharing arrangement and make a recommendation to the MCAG board to hire the consultant, and
WHEREAS, the cost sharing arrangement includes the cost of the consultant and $35,000 to cover MCAG administration, and
WHEREAS, each participating member agency agrees to provide MCAG a deposit by December 30, 2022, in the amount specified in the cost sharing agreement to assist with cash flow, and WHEREAS, each participating member agency agrees to reimburse MCAG for the cost of the Merced County Multijurisdictional Housing Element in accordance with the cost sharing arrangement attached herein, and
WHEREAS, time is of the essence and each participating member agency agrees to facilitate the flow of information to the consultant to provide a timely report, and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby adopts the Merced County Multijurisdictional Housing Element Cost Sharing Agreement and agrees to participate in the study and reimburse MCAG for actual cost incurred.

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

AYES:

NOES:

ABSTAIN:

ABSENT:
1 ATTEST:

Juan Aguilar Jr., Mayor
of the City of Livingston
I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 15th day of November 2022. 2 Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
October 31, 2022
Jurisdiction
Consultant REAP 1
Contract Contribution**
MCAG Cash Flow
Base Cost••• Pro Rata Cost Admin **** 20% Deposit
City of Dos Palos $38,000 $5,695 $5,000 $48,695 $9,739
City of Gustine $38,000 $5,695 $5,000 $48,695 $9,739
City of Livingston $38,000 $14,522 $5,000 $57,522 $11,504 City of Atwater $38,000 $31,606 $5,000 $74,606 $14,921
City of Los Banos $38,000 $45,844 $5,000 $88,844 $17,769 City of Merced $38,000 $89,267 $5,000 $132,267 $26,453
County of Merced $38,000 $92,114 $5,000 $135,114 $27,023 Total $1,030,743 $480,000 $266,000 $284,743 $35,000 $585,743 $117,149 **The contribution from REAP 1 is anticipated to be $480,000. ***The consultant cost per jurisdictions for the $1,030,743 contract will be $550,743 (after the $480,000 REAP contribution and before adding MCAG admin). The $550,479 local contribution is split approximately 50/50 between a base cost (column D) and pro rat a cost (column E) for each jurisdiction. ****MCAG admin is distributed evenly amongst jurisdictions as the staff time to administer will be relatively even across all jurisdictions.

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

RECOMMENDATION

STAFF REPORT
Creation of Capital Improvement Project (CIP) OT2202-GENL for Fire Station Refurbishment
November 15, 2022
Mark Pimentel, Assistant Fire Chief
Brian White, Battalion Fire Chief
Vanessa Portillo, City Manager
Staff recommends that City Council adopt a resolution for the creation of CIP OT2202-GENL for Fire Station Refurbishment and authorize the City Manager/Finance Director to procure services and make appropriate adjustments to the budget.

BACKGROUND/DISCUSSION
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.

Livingston Fire Station 96 is located at 1430 C Street, directly adjacent to the Livingston Police Station.

The fire station services a community of approximately 15,000 and the equipment responded to about 2,200 calls in 2022. The station has undergone some minor expansion projects over the years but requires extensive capital improvement to properly accommodate public service, safety, energy efficiency, apparatus maintenance, staffing, training, physical fitness, and equipment and apparatus storage.

The station fa9ade currently does not allow public access to the station or office. The station needs a foyer and office space to conduct 9:00 to 5:00 business. The current apparatus bay that houses the quint, 96T1, was added onto the station after the original construction and does not match or aesthetically contrast the rest of the facility.

Staff recommends the Council approves the allocation of $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
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 the Creation of CIP OT2202-GENL for Fire Station Refurbishment and Authorize the City Manager/Finance Director to Procure Services and Make Appropriate Adjustments to the Budget
1 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

APPROVING THE CREATION OF CAPITAL IMPROVEMENT PROJECT (CIP) OT2202-GENL FOR FIRE STATION REFURBISHMENT AND AUTHORIZE THE CITY

MANAGER/FINANCE DIRECTOR TO PROCURE SERVICES AND MAKE

APPROPRIATE ADJUSTMENTS TO THE BUDGET
WHEREAS, Station 96 was built in 1953 and located at 1430 C Street; and WHEREAS, Station 96 is the busiest county fire station protecting the residents of the City of Livingston and surrounding County community; and
WHEREAS, Station 96 needs extensive upgrades to comply with current Building Standards; and
WHEREAS, CIP OT2202-GENL is created to allocate $1,000,000 from Fund 1213 (Reserves) and Fund 2002 (Projects} for its refurbishment; 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 associated agreement(s) for services.

3. This resolution is effective immediately upon adoption.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

Page 1 of 2 ends

Juan Aguilar Jr., Mayor
of the City of Livingston
ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 15th day of November, 2022.

Leticia Vasquez-Zurita, City Clerk
of the City of Livingston

Page 2 of 2 ends

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (PUBLIC SERVICES), ANNEXATION NO. 2
November 15, 2022
Willdan Financial Services
Vanessa Portillo, City Manager
RECOMMENDATION:

Hold public hearing to annex property into Community Facilities District No. 2017-1 (Public Services) (the "CFO"), Annexation No. 2 to pay for the impact of new development on public services, including the maintenance of streets, drainage, parks, public landscape areas, and to maintain service levels for police and fire protection services, on a proportionate basis, provided by the City of Livingston (the "City").

It is recommended that the City Council hold the public hearing and adopt:

Resolution of the City Council of the City of Livingston Annexing of Territory to a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting Levy of Tax to Qualified Electors, City of Livingston Community Facilities District No. 2017-1 (Public Services) Annexation No. 2; and
Resolution of the City Council of the City of Livingston Declaring Results of a Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien, City of Livingston Community Facilities District No. 2017-1 (Public Services) Annexation No. 2
The recommended actions will annex property into the CFO pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2. 5, Part 1, Division 2, Title 5 of the Government Code of the State of California as amended, for the purpose of financing the impact of new development on public services, including the maintenance of streets, drainage, parks, public landscape areas, and to maintaln service levels for police and fire protection services on a proportionate basis.

BACKGROUND
By Resolution No. 2018~20, the City Council established the CFD with the intention that future development within the City would annex into this CFO. The special taxes collected from the property owners within the CFO are to be used for the funding of maintenance of streets, drainage, parks, public landscape areas, and to maintain service levels for police and fire protection services, on a proportionate basis, due to new development in the City.

There are multiple projects proposed for annexation. The details for each project are as follows:

1. A development owned by AMBA National Limited Liability Company consisting of a gas station, store, car wash and restaurant sitting on 2.37 acres of land. The project is located southwest of the corner of the Campbell Boulevard and Hammatt Avenue intersection adjacent to State Route 99. The boundary of the annexation includes the area within assessor's parcel number 023-060-001 as depicted on Exhibit A.

2. A development owned by Jose Martinez consisting of two residential duplexes sitting on .27 acres of land. The project is located on the northeast corner of Prusso and F Streets. The boundary of the annexation includes the area within assessor's parcel number 024-162-011 as depicted on Exhibit A.

3. A development owned by Francisco Barboza consisting of a residential duplex sitting on .515 acres of land. The project is located on the north side of F Street between 7th and 8th Streets. The boundary of the annexation includes the area within assessor's parcel number 024-184-014 as depicted on Exhibit A.

4. A development owned by Raji and Gurvinder Saini consisting of three detached residential units sitting on .324 acres of land. The project is located 835 5th Street. The boundary of the annexation includes the area within assessor's parcel numbers 024- 183-008 and 024-183-009 as depicted on Exhibit A.

5. A development owned by Nukul Bassi consisting of gas station, food mart and restaurant site sitting on .992 acres of land. The project is located on the southeast corner of Walnut Avenue and Hammatt Avenue. The boundary of the annexation includes the area within assessor's parcel number 023-070-011 as depicted on Exhibit A.

6. A development owned by Visionary Home Builders of California Inc consisting of an 80- unit apartment site sitting on 3.98 acres of land. The project is located on the northwest corner of B Street and Prusso Street. The boundary of the annexation includes the area within assessor's parcel numbers 022-010-026 as depicted on Exhibit A.

7. A development owned by Frank Sequeira consisting of three attached housing units sitting on .192 acres of land. The project is located on the west side of 8th Street, south of D Street at 1920 8th Street. The boundary of the annexation includes the area within assessor's parcel number 024-184-026 as depicted on Exhibit A.

Development of these properties change the characteristics of undeveloped land. Once developed, these projects will have intensified the use of the property, creating a need for more services under this CFD.

The Resolution of Intention was adopted on September 20, 2022, which was the first step in the process of annexing new developments into the CFD. The resolution also established November 15, 2022, as the public hearing date for the final consideration of the annexation of the property into the CFD. Notice of public hearing was published in the newspaper and the property owners were notified by mail.

AMENDMENT OF THE PROPOSED BOUNDARY
After the September 20, 2022, adoption of the Resolution of Intention to annex property into the CFO, the twenty-unit apartment complex located on the northwest corner of F Street and Hammatt Avenue and owned by Castle Assets LLC is not going to be annexed. The property owner has requested annexation at a later date. Accordingly, the proposed boundary of the CFO needs to be amended and the attached Resolution amends the boundary established by the September 20, 2022, Resolution of Intent.

DISCUSSION
The adoption of the attached resolutions annexes the territory into CFO No. 2017-1 (Public Services), submits the levy of the special tax to the qualified electors, and declares the results of the special election. This is the final step in the annexation process; and since the conditions of approval for the development require it to annex into CFO No. 2017-1 (Public Services) and the developers own the parcels, a majority protest of the annexation is not anticipated.

Once the annexation is complete, the property owners of the Projects will be required to pay annual special taxes for CFO No. 2017-1 (Public Services), beginning in Fiscal Year 2023/2024 as itemized on their property tax bill in accordance with the rate set forth in the Rate and Method of Apportionment of Special Tax.

FINANCIAL IMPACT
The annual revenue received by the City for the CFO will be based on the maximum special tax rates outlined in the Amended Rate and Method of Apportionment of Special Tax, inflated by the Annual Escalation Factor. The estimated revenue amount from the development projects, based on Fiscal Year 2022/23 maximum special tax rates, is $81,652. The process for the annexation is funded by the developers and no general fund monies are used for this effort.

ATTACHMENTS:

I. Boundary Map

2. Resolution 2022- __

3. Resolution 2022-__

EXHIBIT A
AMENDED ANNEXATION MAP NO. 2 TO
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(PUBLIC SERVICES)
I

CITY OF LIVINGSTON
COUNTY OF MERCED STATE OF CAtlFORl41A.

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RESOLUTION NO. 2022 -
Attachment 2

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ANNEXING OF

TERRITORY TO A COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A

SPECIAL TAX, AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF LIVINGSTON COMMUNITY FACILITIES DISTRICT NO. 2017-1 (PUBLIC SERVICES) ANNEXATION NO. 2
WHEREAS, this Council, on September 20, 2022, adopted Resolution No. 2022-57 (Resolution of Intention) stating its intention to annex the territory to the City's Community Facilities District No. 2017-1 (Public Services) (CFD), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Act); and
WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the CFD and stating the facilities to be provided and the rate and method of apportionment of the special tax to be levied within the CFD to pay for the services of the CFD, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and WHEREAS, the Resolution of Intention set November 15, 2022, as the date of the public hearing; and
WHEREAS, on the November 15, 2022, this Council held a public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the CFD; and
WHEREAS, at said hearing interested persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to the CFD by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the existing CFD, or (ii) 50% or more of the registered voters, or six registered, whichever is more, residing in the territory proposed to be annexed to the CFD, or (iii) owners of one-half or more of the area of land in the existing CFD, or (iv) owners of one-half or more of the area of land in the territory proposed to be annexed to the CFD; and
WHEREAS, Annexation Map No. 2 to the CFD has been filed with the County Recorder of the County of Merced, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF LIVINGSTON HEREBY RESOLVES:

Section 1. All prior proceedings taken by this Council, with respect to the CFD and the proposed annexation of territory thereto, have been duly considered and are hereby determined to RES. NO. 2022 -
November 15, 2022
Page2
be valid and in conformity with the Act, and the CFO has been validly established pursuant to the Act. It has been determined that this project will intensify the use of the property creating a need for more services under this CFO.

Section 2. The Resolution of Intention provides the boundaries of the territory to be annexed to the CFO, as set forth in the Annexation Map No. 2 heretofore recorded in the Merced County Recorder's Office on September 28, 2022, in Book 15 at Page 24-25 as Instrument No. 2022033740 of Maps of Assessment and Community Facilities Districts. The City Council finds it necessary to amend the proposed boundaries as shown on the map now on file in the office of the City Clerk entitled "Amended Annexation Map No. 2" as set forth in Exhibit A and directs the City Clerk to record the amended annexation map with the Merced County Recorder.

Section 3. The provisions of the Resolution of Intention, has heretofore been adopted by this Council and are by this reference incorporated herein, as if fully set forth herein.

Section 4. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the CFO shall be submitted to the voters of the area to be annexed to the CFO at an election called therefore as hereinafter provided.

Section 5. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the CFO for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within the territory proposed to be annexed to the CFO and that the vote shall be by said landowners, each having one vote for each acre or each portion thereof such landowner owns in the territory proposed to be annexed to the CFO.

Section 6. Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot, in accordance with the applicable provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they have not been waived by the unanimous consent of all landowners of the territory to be annexed to the CFO.

Section 7. The Council calls a special election to consider the measure described in the ballot referred to in paragraph 8 below, which election will be held on November 15, 2022, ("Election Day") in the office of the City Clerk, at City Hall, 1416 C Street, Livingston, California.

Section 8. The City Clerk will be the election official to conduct the election and caused to be provided to each landowner in the territory to be annexed to the CFO, a ballot in the form of Exhibit B hereto, which is hereby approved.

Section 9. The City Clerk has accepted the ballot of the qualified elector received prior to 7:00 p.m. on Election Day, whether received by mail or by personal delivery.

RES. NO. 2022 -
November 15, 2022

Page 3 ends

Section 10. This Council hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly.

The City Clerk shall certify to the adoption of this Resolution by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Juan Aguilar Jr., Mayor
of the City of Livingston
I, hereby certify that the foregoing Resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston, this 15th day of November, 2022.

Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
I
1'/

EXHIBIT A
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COMMUNITY FACILITIES DISTRICT NO. 2017-1
(PUBLIC SERVICES)
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EXHIBIT B
City of Livingston
Community Facilities District No. 2017-1 (Public Services), Annexation No. 2

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed envelope to the office of the City Clerk of the City of Livingston no later than 7:00 p.m. on Tuesday, November 15, 2022 either by mail or in person. The City Clerk's office is located at City Hall, 1416 C Street, Livingston, California, 95334.

To vote, mark in the voting square after the word "YES" or after the word "NO". For a list of acceptable marks, please refer to the back of this ballot.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Livingston and obtain another.

BALLOT MEASURE: Shall the City of Livingston, by and for its Community Facilities District No. 2017-1 (Public Services) (the "CFO"), be authorized to levy special taxes within the territory annexed to the CFO pursuant to and as described in the
Resolution of Intention of the City of Livingston adopted by its Council on September 20, 2022?
YES: □
NO: □
By executing in the space provided below, you confirm that you waive all time limits pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, including, but not limited to, such waivers described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.

Acres Owned Within Territory Annexed:

Number of Votes:

Property Owner Name:

Property Owner/Authorized Representative Signature: __________ _ Attachment 3
RESOLUTION NO. 2022 -__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON DECLARING

RES ULTS OF A SPECIAL ANNEXATION ELECTION, DETERMINING VALIDITY OF PRIOR

PROCEEDINGS, AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN, CITY OF LIVINGSTON COMMUNITY FACILITIES DISTRICT NO. 2017-1 (PUBLIC SERVICES) ANNEXATION NO. 2
WHEREAS, in proceedings heretofore conducted by the City Council pursuant to the MelloRoos Community Facilities Act of 1982, as amended (Act), this City Council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land proposed to be annexed to Community Facilities District No. 2017-1 (Public Services) (CFD); and
WHEREAS, pursuant to the terms of the resolution, which is hereby incorporated herein by this reference, the special election has been held and the City Clerk has filed a Canvass and Statement of Results of Election (Canvass) a copy of which is attached hereto as Exhibit A; and WHEREAS, this City Council has reviewed the Canvass and hereby approves it.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF LIVINGSTON HEREBY RESOLVES:

Section 1. The issue presented at the special election was the levy of a special tax within the territory to be annexed to the CFD to be levied in accordance with the formula heretofore approved by this City Council as described in Resolution No. 2022-57, a Resolution of the City Council Annexing of Territory to a Community Facilities District, Authorizing the Levy of a Special Tax and Submitting Levy of Tax to Qualified Electors, City of Livingston Community Facilities District No. 2017-1 (Public Services) Annexation No. 2, adopted November 15, 2022.

Section 2. Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the CFD by more than two-thirds of the landowners voting at the special election.

Section 3. Pursuant to the voter approval, said annexed territory to the CFD is hereby declared to be fully annexed to and part of the CFD and this Council may levy special taxes therein as heretofore provided in these proceedings.

Section 4. It is hereby found that all prior proceedings and actions, taken by this Council pursuant to the CFD and the territory annexed thereto were valid and in conformity with the Act.

Section 5. Within 15 days of the date hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Merced, an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highway Code.

RES. NO. 2022 " __
November 15, 2022
Page2
The City Clerk. shall certify to the adoption of this Resolution by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
Exhibit A
City of Livingston
Community Facilities District No. 2017-1
(Public Services)
Annexation No. 2

CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on November 15, 2022, in the territory annexed to Community Facilities District No. 2017-1 (Public Services) of the City of Livingston which election is designed as the Special Tax Annexation Election, and the cast for and against the measure are as follows and the total as shown for and against the measure are full, true and correct:

Qualified
City of Livingston Community Facilities Landowner Votes District No. 2017-1 (Public Services) Votes Cast YES NO Annexation No. 2 Special Tax Annexation 12 Election
BALLOT MEASURE: Shall the City of Livingston, by and for its Community Facilities District No. 2017-1 (Public Services) (the "CFD") be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Livingston adopted by its Council on September 20, 2022? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS 15TH DAY OF NOVEMBER, 2022.

CITY OF LIVINGSTON
By: _________ _
City Clerk
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT

RESOLUTION AUTHORIZING THE APPLICATION AND ADOPTING

THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING

ALLOCATION PROGRAM AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE PLHA PROGRAM APPLICATION
November 15, 2022
Susan Long, Self-Help Enterprises
Vanessa Portillo, City Manager
RECOMMENDATION:

Approval of Resolution No. 2022-:XX authorizing and adopting the Local government Plan and certifying that the public had adequate opportunity to review and comment on the Plan and authorize the City Manager to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

BACKGROUND:

The California Department of Housing and Community Development (Department) released a Notice of Funding Availability (NOF A) for approximately $335 million in calendar year 2021 in addition to the $131 million in remaining calendar year 2019 and Calendar year 2020 funds for the Permanent Local Housing Allocation (PLHA) program for Entitlement and Non-entitlement Local governments. The NOF A is funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) annually.

Funding for this NOF A is provided pursuant to Senate Bill (SB) 2 (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorized the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, on-going source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their communities.

For the 2022 fiscal year, the Department will issue two separate NOF As to award the (PLHA) funds:
1) Entitlement and Non-entitlement Local government formula component NOF A; and 2) Non-entitlement Local government competitive component NOF A (anticipated in August 2020)
The Entitlement and Non-entitlement formula allocation NOF A outlines threshold and application requirements, as well as defines the method in which funds will be distributed for Entitlement and Non-entitlement Local governments. Ninety percent of the money will be allocated based on the formula used under Federal law to allocate CDBG funds within California, as specified in Title 42 United States Code (USC), Section 5306 and will be

STAFF REPORT
distributed to Entitlement Local governments and Non-entitlements local governments via a competitive grant program. Non-entitlement Local government allocations come from ten percent of the moneys available and allocated equitably among Non-entitlement local governments. Allocations are distributed on an annual basis in response to an application defining the eligible planned use of funds for five years.

Eligible activities include:
1) Predevelopment, development, acquisition, rehabilitation and preservation of multifamily, residential live work, rental housing that is affordable to extremely low-, very low-, or moderate-income households, including necessary operating subsidies. 2) Predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas. ADU's shall be available for occupancy for a term of no less than 30 days.
3) Matching portions of funds into local or regional housing trust fund. 4) Matching portions of funds available through the Low- and Moderate Housing Asset Fund pursuant to subdivision (d) ofHSC Section 34176.
5) Capitalize reserves for Services connected to the preservation and creation of new permanent supportive housing.
6) Assist persons experiencing or At risk of homelessness, including, but no limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permeant and transitional housing.
7) Accessibility modifications in Lower-income Owner-occupied housing. 8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. 9) Homeownership opportunities, including, but not limited to, down payment assistance. 10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing projects or matching funds invested by the county in an Affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project.

PLAN:

The proposed plan must describe the manner in which the allocated funds will be used for eligible activities. Describe the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60% of AMI. Describe how the Plan is consistent with programs set forth in the City's Housing Element. Be authorized and approved by resolution, and ensuring the public had adequate opportunity to review and comment on the contents of the Plan. The annual allocation for the City of Livingston is $108,839 for a five-year total of $653,038.

The City of Livingston proposed five-year plan activities are:
1) Provide development loan( s) for the construction of affordable apartments servicing households with incomes at or below 30-50% AMI and will be subject to a 55 year affordability convenient.

Page 2 of 3 ends

STAFF REPORT
2) Five-percent of each annual allocation can be used to cover administrative cost associated with the administration of the plan. Staffing and overhead cost directly related to carrying out the eligible activities are "activity costs" not subject to the cap on "administrative cost."
The application and approved five-year plan are due by 5 :00 PM on November 30, 2022.

Department anticipates issuing award letters February 2023.

BUDGET IMP ACT:
$2,500 for application preparation services

ATTACHMENTS

1. Resolution 2022-

2. City of Livingston PLHA Reuse Account Plan

Page 3 of 3 ends

RESOLUTION NO. 2022-

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

THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL

HOUSING ALLOCATION PROGRAM AND AUTHORIZE THE CITY MANAGER TO EXECUTE

THE PLHA PROGRAM APPLICATION, THE PLHA STANDARD AGREEMENT, AND ANY

SUBSEQUENT AMENDMENTS OR MODIFICATIONS THERETO, AS WELL AS ANY OTHER

DOCUMENTS WHICH ARE RELATED TO THE PROGRAM OR THE PLHA GRANT

AWARDED TO APPLICANT, AS THE DEPARTMENT MAY DEEM APPROPRIATE The City Council of the City of Livingston, a non-entitlement jurisdiction, hereby consents to, adopts, and ratifies the following resolution:

A. WHEREAS, the Department is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS, the State of California (the "State"), Department of Housing and Community Development ("Department") issued a Notice of Funding Availability ("NOFA") dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program; C. WHEREAS, The City of Livingston is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients; NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA August 17, 2022, in accordance with all applicable rules and laws.

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant's PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. Applicant certifies that it was delegated by Livingston City Council to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), "entity" means a housing developer Resolution No. 2022- Page2
or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

7. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. Pursuant to Applicant's certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c}(6}(A),(B) and {C).

10. Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local governmentapproved underwriting of the Project for a term of at least 55 years.

11. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

12. The City Manager, or his/her designee is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

The foregoing resolution is hereby adopted the 15th day of November 2022.

AYES:

ABSTENTIONS:

NOES:

ABSENT:

APPROVED:

Juan Aguilar, Jr., MAYOR

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of City of Livingston does hereby attest and certify that the Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of November 15, 2022, which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:

Leticia Vasquez-Zurita, CITY CLERK
§302(c)(4) Plan I Rev. 2116122
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City of Livingston will utilize 100% of its five-year allocation to support the development of affordable multifamily housing projects dedicated to households with incomes at or below 60% of AMI. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

The City is prioritizing its investment to increasing the supply of housing for households with incomes at or below 60% of AMI, by committing 100% of its five-year allocation as a gap loan financing for the construction of multifamily units of which at least 40% of the units will be restricted to households at or below 60% of AMI. Priority for funding may be given to projects providing permanent supportive housing units and units at or below 30% of AMI.
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government's Housing Element.

Activities Detail (Activitie~ Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderateincome households, including necessary Operating subsidies. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental Housing Activity.

The PLHA funds will be used to issue gap-financing loans to housing developers for the creation and/or preservation of multi-family affordable rental housing projects that will be occupied by mixed income households with incomes at or below 80% of the Average Median Income. A minimum of 40% of the total funds allocated to this activity will be restrcited to households making no more than 60% of the Area Median Income.

Complete the table below for each proposed Affordable Rental Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

PLHA Page 1 302(c)(4) Plan
Funding Allocation Year 2019 2020 2021 2022 2023
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the 100.0% 100.0% 100.0% 100.0% 100.0% Proposed Affordable Rental ' Housing Activity - ; . . . . ~-~ : .. ,: · ... ... ·, ,i -. i·•·•:x··::. ; ···-: •:·.\·-;"'' :"'·' c ·. .\-J;t: p> ,-••• c.: • 'C· c' . ;' ···; _.,,. ~-- .•
§302(c)(4)(E)(ii) Area Median ' ;_· . I• "'-
Income Level Served 60% 60% 60% 60% 60% . ;,· ' : TOTAL · . . >. .c.' .
: ' ·.,-
~ L;;_¾ , 1-.,·. .. :.· ... ' 1, ·• ., , •·· . ,. .. . . " •.
·:• '· ;· ·C •• ··•
§302(c)(4)(E)(ii) Unmet share of
the RHNA at the AMI Level
169 169 169 507 Note: complete for years 2019,
2020, 2021 only
§302(c){4)(E)(ii) Projected 0 0 0 0 20 20 Number of Households Served §302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Affordable Rental Housing 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years Activity (55 years required for
rental housing projects)
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

PLHA funds will be used as a gap financing loans for the creation and/or preservation of multi-family project, which will be operated as affordable housing serving families at 60% AMI or below. The city is currently working with mutiple developers that have requested gap financing from the City, all of which are a various stages of development. The City will provide residual reciept loans at 3% simple interest to support units affordable to households with incomes ranging from 30% to 60% of the Area median Income. A deed-restriction will be recorded on the properties affordable units for a term of no less than 55 years from the issuance of a certificate of occupancy. Agreements will only be executed once the Project has secured complete construction and permanent financing .

PLHA Page 2 302(c)(4) Plan

CITY OF LIVINGSTON

PLHA REUSE ACCOUNT PLAN
The State of California Department of Housing and Community Development has made funds available through the Permanent Local Housing Allocation (PLHA) Program for the purpose of providing a permanent, on-going source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet needs of their local communities.

The City of Livingston as a recipient of funding under the PLHA Program is required to follow specific guidelines in the accounting for, and use of, all monies received as repayments of loan principal and/or loan interest. The City of Livingston has formulated this document to comply with Sections 301 and 500 of the PLHA Guidelines.

Tracking of all repayments of loan principal and any loan interest is are posted in the accounting system that tracks PLHA funds separately from other funding sources. All accrued interest earned on PLHA funds shall accrue to the PLHA Reuse Account.

Funds in the reuse account shall only be used as follows:
(a) Eligible Activities are limited to one or more of the following:
(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is Affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary Operating subsidies.
(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. (4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. (5) Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing.
(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

Page 1 of 3 ends

(A) This Activity may include sub-awards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded CESH program or HEAP funds for rental assistance to continue assistance lo these households. (B) Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1 )-(6) and in compliance with WIC Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First. as provided in WIC Section 8255, subdivision (b). (7) Accessibility modifications in Lower-income Owner-occupied housing. (8) Efforts lo acquire and rehabilitate foreclosed or vacant homes and apartments. (9) Homeownership opportunities, including, but not limited lo, down payment assistance.
(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing Projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing Project.
(b) A Local government that receives an allocation shall use no more than 5 percent of the allocation for costs related to the administration of the Activity(ies) for which the allocation was made. Staff and overhead costs directly related to carrying out the eligible activities described in Section 301 are "activity costs" and not subject to the cap on "administrative costs." A Local government may share any funds available for administrative costs with entities that are administering its allocation.
(c) Two or more Local governments that receive PLHA allocations may expend those moneys on an eligible jointly funded project as provided for in Section 50470 (b)(2)(B)(ii)(IV). An eligible jointly funded project must be an eligible Activity pursuant to Section 301 (a) and be located within the boundaries of one of the Local governments. (d) Entitlement Local governments may use the flow of PLHA funds to incenlivize private lender loans and to guarantee payments for some or all public agency bond financings for activities consistent with the uses identified in Section 301 "Eligible Activities". This loan guarantee Activity must be identified and fully explained in the Applicant's "Plan".

Any loan funds not expended at completion of an individual homeowner transaction will be deposited into the Reuse Account, will be considered a "principal reduction", and will

Page 2 of 3 ends

be applied to the principal loan balance, thereby reducing the amount owed by the borrower. Borrowers will receive a closeout letter after the 30-day retention period indicating the amount of their Note, the credit, and the ending balance on their loan. A copy of this credit along with the final cost break-down will be retained in the borrowers file.

Page 3 of 3 ends

STAFF REPORT
AGENDA ITEM: Public Hearing for the Close-out of the CDBG CV-1 Business Subsistence Payment Program
MEETING DATE: November 15, 2022
PREPARED BY: Erica Valencia, Accountant II
REVIEWED BY: Vanessa Portillo, Interim City Manager

RECOMMENDATION
That Council accepts and approves the close-out report on the 20-CDBG-CV1-00032 Subsistence Payments Program.

BACKGROUND
20-CDBG-CV-00032
The City was awarded $91,159 in CDBG-CV funding in May 2021 in response to the pandemic to provide Low-Moderate Income (LMI) clients with emergency rental/mortgage and/or utility assistance who have been financially impacted, as a direct result of the coronavirus pandemic, for the purpose of preventing eviction and/or cutoff of utility services. Permission to incur cost and begin accepting applications was received on December 9, 2020. The program provided forgivable loans to Low-Moderate Income (LMI) clients for a maximum assistance of $5,000 per household. Payments were up to six (6) consecutive months for current and past due rent/mortgage payments and/or utility assistance that included electric, gas, water, sewer and trash.

Payments were paid directly to the service provide on behalf of the client and not to the client.

Payments addressed hardship resulting directly from the COVID-19 pandemic. Payments could not be a duplication of benefit.

Applications were received from a total of 43 applicants, 16 loans were denied. 21 loans were provided, one for rental assistance, 4 for mortgage assistance, and 20 for utility assistance.

Female Head of Household 11
Senior Citizens 3
Severely Disabled 0
Total Admin:

Total Subsistence Payments
Total Award:

Budget
$15,497
$75,662
$91,159
Total Expenses
$14,417.9
$74,654.39
$88,352.62
Disencumbered Funds
$1079.03
$1,007.61
$2,086.64
The grant expired on April 21 , 2022, upon approval the City will submit the final closeout documents and disencumber the remaining funds for $2,086.64. 1 STAFF REPORT

DISCUSSION
The 20-CDBG-CV1-00032 grant will be closed out with the CA Department of Housing and Community Development.

FISCAL IMPACT
No fiscal impact.

ATTACHMENTS

1. Resolution
2 RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LIVINGSTON ACCEPTING AND APPROVING THE CLOSE-OUT REPORT FOR THE 20- CDBG-CV1-00032 SUBSISTENCE PAYMENTS PROGRAM.

WHEREAS, 1. The City was awarded $91, 159 in CDBG-CV funding in May 2021 in response to the pandemic to provide Low-Moderate Income (LMI) clients with emergency rental/mortgage and/or utility assistance who have been financially impacted, as a direct result of the coronavirus pandemic, for the purpose of preventing eviction and/or cutoff of utility services; and WHEREAS, The program provided forgivable loans to Low-Moderate Income (LMI) clients for a maximum assistance of $5,000 per household; and
WHEREAS, Payments were up to six (6) consecutive months for current and past due rent/mortgage payments and/or utility assistance that included electric, gas, water, sewer and trash; and
WHEREAS, Applications were received from a total of 43 applicants, 16 loans were denied. 21 loans were provided, one for rental assistance, 4 for mortgage assistance, and 20 for utility assistance; and
WHEREAS, The grant expired on April 21, 2022, upon approval the City will submit the final closeout documents and disencumber the remaining funds for $2,086.64; and NOW, THEREFORE, BE IT RESOLVED The City Council has reviewed and hereby approves the submission to the State of California ("State") the close-out report for the 20-cdbg-cv1-00032 subsistence payments program.

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

AYES:

NOES:

ABSTAIN:

ABSENT:
1 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 15th day of November 2022. 2 Leticia Vasquez-Zurita, City Clerk
of the City of Livingston

Livingston City CouncilNovember 15, 2022

Livingston City Council
November 15, 2022