Agenda packet, regular meeting — Livingston City Council, December 6, 2022

1 CITY COUNCIL REGULAR MEETING AGENDA
DECEMBER 6, 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 December 6, 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 2 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).

REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2022-68
Next Ordinance No.: 650
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

CITIZEN COMMENTS

MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL WILL BE GIVEN THE SAME TIME ALLOTMENT FOR COMMENTS (3 MINUTES) AS NORMALLY ALLOWED FOR MEETINGS SUBJECT TO THE PROVISIONS OF EXECUTIVE ORDER N-08-21
This section of the agenda allows members of the public to address the City Council on any item NOT otherwise on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening. For items which are on the agenda this evening members of the public will be provided an opportunity to address the City Council as each item is brought up for discussion.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

AWARDS, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Mayor Aguilar: Service Recognition of Mayor Pro-Tem Raul T. Garcia

2. Presentation by Mayor Aguilar: Service Recognition of Council Member Gagandeep Kang

3. Presentation by Council Member Soto: Service Recognition of Mayor Juan Aguilar, Jr. 3 CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by the City Manager or City Council Member. There will be no separate discussion of these items unless members of the City Council or City Manager request that specific items be removed.

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

5. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated November 29, 2022

6. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on May 19, 2022

7. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on May 20, 2022

8. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on June 7, 2022

9. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on June 21, 2022

10. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on July 5, 2022

11. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on July 19, 2022

12. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on August 2, 2022

13. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on August 10, 2022

14. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on August 11, 2022

15. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on August 16, 2022

INVOCATION

16. Livingston Police Chaplain Mike Outten.
4 CONFIRMATION OF CANVASS OF MUNICIPAL ELECTION

17. Resolution Reciting the Fact of the General Consolidated Municipal Election Held on Tuesday, November 8, 2022, and Declaring the Results and Such Other Matters as Provided by Law

OATHS OF OFFICE

18. City Clerk will administer the Oath of Office to Mayor-Elect and Council Members-Elect

DISCUSSION AND POTENTIAL ACTION ITEMS

19. Consider and Discuss the City of Livingston City Council’s Options for Filling the City Council Seat Vacated by Council Member Jose A. Moran, and Take Action Related to Filling the Vacancy

20. Discussion and Possible Action on Whether to Continue Remote Participation at City of Livingston Public Meetings by Members of the City Council, as Well as Its Commissions and Subcommittees.

CLOSED SESSION

21. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
Pursuant to Government Code Section 54957

ADJOURNMENT
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Warrant Register November 29, 2022
December 6, 2022
Nancy Fuentes, Accounting Technician
Vanessa Portillo, City Manager
RECOMMENDATION:

Ratify the warrant register dated November 29, 2022
DISCUSSION:
1c- :lllllEm[ e -
YE:

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:

October 25, 2022- November 29, 2022
GENERAL WARRANTS .......................... $
PAYROLL/WIRE WARRANTS .................. $
TOTAL WARRANTS .............................. $
ATTACHMENTS:
1,247,561.58
188,766.55
1,436,328.13
Warrant Register (summarized by date and check number)
1 7803-7998
2401-2420
Accounts Payable
Checks by Date - Summary by Check Date
User: Mayra
Printed: 11/30/2022 2:58 PM
Check No Vendor No Vendor Name
7803 395 Administrative Solution, Inc.
7804 250 Alhambra
7805 396 American Fidelity Assurance
7806 736 ARA, Inc.
7807 253 AT&T
7808 282 AT&T Mobility
7809 368 Tony Avina
78 10 4 11 Harpreet Bains
78 11 162 Steve Bassi
78 12 538 Adanan Bath
78 13 1099 BBG, Inc.
78 14 446 Belkorp Ag, LLC
78 15 620 Cal Farm Service
78 16 1100 CAL FIRE
78 17 I 102 Irma Calderon
78 18 320 California Building Standards Commission
78 19 393 California State Disbursement Unit
7820 I 103 Calles Pressure Washing LLC
782 1 110 1 Carr's Cleaners
7822 68 1 Central Valley Umpire Association
7823 UB*020 12 CINDY CHA
7824 272 Charter Communications Holdings, LLC
7825 9 14 Cintas Corporation No. 2
7826 283 CoreLogic Solutions, LLC
7827 683 Custom Locksmith & Alarm, Inc.
7828 787 Custom Weed Control Inc.
7829 32 1 Department of Conservation Division of Ad
7830 293 Department of Justice Accounting Office
783 1 549 Vanessa Belen Echevarria
7832 455 Ernest Packaging Solutions
7833 163 EZ Auto Supply
7834 260 First Communications, LLC
7835 805 Gabrie la Flores
7836 188 Frontier
7837 I 107 Frontier Communications
7838 159 Andres Fuentes
7839 164 Garza Tire & Wheel, Inc
7840 262 Gilton Solid Waste
784 1 813 Government Leasing and Finance, Inc.
7842 795 Maria G. Guillen
7843 425 HdL Coren & Cone
7844 267 Ho ffman Security
7845 SO I Hunt & Sons, Inc.
7846 165 J L Analytical Services, Inc.
7847 786 J.B, Anderson Land Use Planning
7848 829 Jared Steeley Water & Wastewater Manage1
7849 570 Jocelyn E. Roland, Ph.D., ABPP
AP Checks by Date - Summary by Check Date (1 1/30/2022 2:58 PM) Check Date
11/1 4/2022
11/14/2022
11/ 14/2022
11 / 14/2022
11 / 14/2022
11 /14/2022
11 / 14/2022
11 /14/2022
11 /14/2022
11 / 14/2022
11 / 14/2022
11 / 14/2022
11/ 14/2022
11 / 14/2022
11/ 14/2022
11 / 14/2022
11 / 14/2022
11 / 14/2022
11 / 14/2022
11 / 14/2022
11 / 14/2022
11 / 14/2022
11/14/2022
11/ 14/2022
11/1 4/2022
11 / 14/2022
11 /14/2022
I 1/14/2022
11 / 14/2022
I 1/14/2022
11 /14/2022
11 / 14/2022
11 / 14/2022
11 / 14/2022
11 /14/2022
11 / 14/2022
11/14/2022
11/ 14/2022
11/ 14/2022
11 / 14/2022
11 / 14/2022
11/ 14/2022
I 1/ 14/2022
11 / 14/2022
11 / 14/2022
11/ 14/2022
11/ 14/2022
City of Livingston
1416 C Street
Livingston, CA 95334
Check Amount
100.00
246.84
2,834.95
5,398.40
236.46
1,084.67

51.64 25.00

25.00 25.00
2,100.00
96 1. 19

21.01 226.94
205.00
244.49
635.83
500.00

20.00 420.00
185.94
314.23
187.64
400.00
155.00
800.00
1,265.05
660.00
280.00
3,325.76
103.72

15.05 150.00
5,313.26
750.00

25.00 3,353.75
113,671.90
238,044.16
165.00
1,375.00
177.95
11 ,886.89
699.00
10,454.50
36,912.00
475.00
Page I
Check No Vendor No Vendor Name Check Date Check Amount
7850 3 18 La Rue Communications 11 / 14/2022 762.37
785 1 461 LEAF 11/ 14/2022 1,654.87
7852 207 Deysi Maldonado 11/1 4/2022 150.00
7853 497 Merced County Sheriff 11/ 14/2022 2,288.15
7854 278 Merced Irrigation District 11/ 14/2022 55,975.53 7855 76 1 Me rced Toyota 11/1 4/2022 55.00
7856 576 Mid Cal Pipeline & Utilities, Inc. 11/14/2022 102,384.46 7857 389 Mid Valley IT 11 / 14/2022 7,678.90
7858 180 Mission Linen Service 11/ 14/2022 620.52
7859 194 Modesto Welding Products 11 /14/2022 21.00
7860 43 1 Monte Vista Small Animal Hospital 11 / 14/2022 1,764.70 786 1 998 Montes Business Services. Inc 11 / 14/2022 4,000.00 7862 507 Muniquip,LLC 11 / 14/2022 135.29
7863 199 Northstar Chemical 11 / 14/2022 5,55 1.1 4
7864 302 Office Depot, Inc. 11/ 14/2022 820.56
7865 20 1 O'reilly Automotive, Inc. 11/ 14/2022 41 4.95 7866 780 Lorena Ortegon 11 / 14/2022 150.00
7867 11 04 Pacific Bay Equipment Service & Sales 11/ 14/2022 284.44 7868 205 Paramount Pest Services 11/ 14/2022 326.00
7869 203 PG&E 11/ 14/2022 166,744.02
7870 305 Platt 11/ 14/2022 2,303. 11
787 1 870 Vanessa Portillo 11/ 14/2022 146.24
7872 405 Premier Access Insurance Company 11/ 14/2022 3,276.45 7873 303 Price Ford of Turlock 11/ 14/2022 62.85
7874 5 14 Quadient Leasing USA, Inc. 11/ 14/2022 1,906.41 7875 554 Alvaro Ramirez 11/ 14/2022 189.00
7876 535 Jason Roth 11/ 14/2022 25.00
7877 208 Saenz Pest Control, Inc. 11/ 14/2022 127.00
7878 407 San Joaquin Valley Air Pollution Control D 11/ 14/2022 290.00 7879 408 Sapien Family Trust 11/1 4/2022 1,000.00
7880 307 Shred-It, C/0 Stericycle, Inc. 11/ 14/2022 229.17 788 1 572 Sierra Wood Shavings, Inc 11/ 14/2022 1,95933 7882 323 Springbrook Holding company LLC 11/14/2022 2,070.00 7883 308 Sprint 11/ 14/2022 129.48
7884 309 St. Francis Electric 11/ 14/2022 818.50
7885 598 Standard Insurance Company RB 11/ 14/2022 1,991.18 7886 762 Sunworks Power and Electric 11 / 14/2022 3,100.00 7887 975 The Sign Works 11/ 14/2022 576.46
7888 310 Totlcom, Inc. I 1/ 14/2022 765.44
7889 284 Trans Union LLC 11/14/2022 548.33
7890 3 13 U.S. Bank Equipment Finance 11 /14/2022 490.17 789 1 1105 United Rentals (North America), INC. 11/14/2022 1,513.73 7892 249 United Site Services 11/14/2022 382.55
7893 3 14 Valley Coffee 11/14/2022 59.60
7894 367 Verizon Wireless 11 / 14/2022 1,738.73
7895 504 VIP Audio Visual Company. Inc 11 /14/2022 500.00 7896 818 Renee Waite-Mendonca 11 /14/2022 25.00
7897 536 Robert Wallis 11 / 14/2022 25.00
7898 2 10 WGR Southwest, Inc. 11/14/2022 902.44
7899 409 Willdan Financial Services 11/ 14/2022 500.00
7900 597 Work Wellness 11/ 14/2022 310.00
790 1 1106 Alexander Zamora 11/ 14/2022 150.00
Total for 11/14/2022: 826,401.29
7902 422 U.S. Bank Corporate Payment Systems 11 / 17/2022 27,827.69 AP Checks by Date - Summary by Check Date ( 11 /30/2022 2:58 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
Total for 11/ 17/2022: 27,827.69
7903 251 ABS Direct, Inc. 11 /29/2022 1,273.22
7904 395 Administrative Solution. Inc. 11 /29/2022 100.00 7905 434 AFSCME District Council 57 11/29/2022 63 1.54
7906 1108 Fabian Aguilar 11/29/2022 150.00
7907 250 Alhambra 11/29/2022 337.99
7908 736 ARA, Inc. 11/29/2022 2,159.36
7909 253 AT&T 11/29/2022 229.30
7910 282 AT&T Mobility 11/29/2022 344.78
79 11 368 Tony Avina 11 /29/2022 59.56
7912 411 Harpreet Bains 11 /29/2022 25.00
7913 162 Steve Bassi 11 /29/2022 25.00
79 14 538 Adanan Bath 11 /29/2022 25.00
79 15 546 Bogie's Pump Systems 11 /29/2022 20,773.88
7916 517 Boutin Jones, Inc 11 /29/2022 1,572.00
7917 393 California State Disbursement Unit 11 /29/2022 635.83 79 18 909 Canon Financial Services, Inc. 11/29/2022 362.94 7919 1101 Carr's Cleane rs 11 /29/2022 30.00
7920 1109 Crystal Castro 11/29/2022 150.00
7921 272 Charte r Communications Ho ldings, LLC 11 /29/2022 319.04 7922 884 Monica Cisneros 11/29/2022 896.68
7923 29 1 City of Livingston c/o L &L District lrrigati 11 /29/2022 12,758.70 7924 820 CNA Surety Direct Bill 11/29/2022 175.00
7925 1092 Complete Pape rless Solutions 11/29/2022 9,155.00 7926 1089 DAHLIN GROUP 11/29/2022 7,850.00
7927 293 Department of Justice Accounting Office 11/29/2022 1,876.98 7928 3 19 Division of The State Architect 11/29/2022 184.80 7929 163 EZ Auto Supply 11 /29/2022 29.76
7930 64 1 Ferguson Enterprises LCC #686 11 /29/2022 464.61 793 1 188 Frontier 11 /29/2022 2,303.85
7932 387 Frontier Communications Corp Frontie r Co 11 /29/2022 151.32 7933 159 Andres Fuentes 11 /29/2022 25.00
7934 356 Gouveia Engineering, Inc. 11/29/2022 36,006.40 7935 11 10 .lasmyn He rnandez 11 /29/2022 150.00
7936 111 9 Omar Herre ra 11 /29/2022 32.50
7937 882 Michelle Hildago 11 /29/2022 30.00
7938 358 Hilmar Ready Mix Rockery Nursery. LLC 11/29/2022 1,179.86 7939 267 Hoffman Security 11 /29/2022 111.95
7940 1111 Rachelle Huitron 11 /29/2022 30.00
794 1 501 Hunt & Sons, Inc. 11 /29/2022 7,204. 13
7942 296 Image Source 11/29/2022 494.70
7943 1033 Independent Investigations LLC 11 /29/2022 950.00 7944 1112 Interstate Sa Jes 11/29/2022 1,180.88
7945 829 Jared Steeley Water & Wastewater Manage1 11/29/2022 11,264.50 7946 570 Jocelyn E. Roland, Ph.D., ABPP 11 /29/2022 475.00 7947 3 18 La Rue Communications 11 /29/2022 2,358.00
7948 268 Language Line Services, Inc. 11/29/2022 189.88 7949 6 12 Livingston Peace Of'ficers Association 11/29/2022 4,979.50 7950 1114 Livingston Police Foundation 11/29/2022 1,000.00 795 1 111 3 Bianca Lombrana 11 /29/2022 150.00
7952 6 15 McClatchy Company LLC 11 /29/2022 730.74
7953 111 5 Janette Mendoza 11/29/2022 150.00
7954 362 Merced County Animal Control 11/29/2022 1,690.00 7955 403 Merced County Association of Government 11 /29/2022 6,700.00 7956 278 Me rced Irrigation District 11/29/2022 99,078.56 AP Checks by Date - Summary by Check Date ( 11 /30/2022 2:58 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount
7957 269 Merced Pest Control 11 /29/2022 80.00
7958 389 Mid Valley IT 11 /29/2022 19,167.00
7959 180 Mission Linen Service 11 /29/2022 53 1.28
7960 199 Northstar Chemical 11/29/2022 4,370.74
796 1 302 Office Depot, Inc. 11/29/2022 291.63
7962 437 Operating Engineers Local 3 11/29/2022 288.00
7963 438 Operating Engineers Local 3 11/29/2022 469.00
7964 205 Paramount Pest Services 11/29/2022 82.00
7965 203 PG&E 11 /29/2022 422.70
7966 405 Premier Access Insurance Company 11/29/2022 3,100.80 7967 430 Quadient Finance USA, Inc. 11 /29/2022 1,644.2 1 7968 1116 Jose Luis Ramirez 11 /29/2022 150.00
7969 605 Razzari Auto Centers 11 /29/2022 424.27
7970 535 Jason Roth 11 /29/2022 25.00
7971 500 Safeguard Business Systems 11 /29/2022 386.62
7972 1118 Juan Salas 11 /29/2022 20.00
7973 589 Shannon Pump Co. 11/29/2022 45.90
7974 439 Sharpening Shop 11/29/2022 5,748.32
7975 307 Shred-It, C/O Stericycle, Inc. 11 /29/2022 310.00 7976 834 Speedy Bee Car Wash and Detail Center 11 /29/2022 239.92 7977 323 Springbrook Holding company LLC 11 /29/2022 1,892.00 7978 1068 Steele Public Safety Systems 11 /29/2022 1,050.00 7979 527 SWRCB Accounting Office 11 /29/2022 140.00
7980 3 I I TBA Auto Parts 11 /29/2022 230.73
798 1 111 7 The Sherwin Williams Co. Store 7086 16 11 /29/2022 446.53 7982 3 10 Totlcorn, Inc. 11 /29/2022 81.00
7983 3 13 U.S. Bank Equipment Finance 11 /29/2022 449.00 7984 10 17 Debt Management Services U.S. Dcpartme1 11 /29/2022 69.26 7985 UB*020 13 DAVID & MARIA VALENCIA 11 /29/2022 3.55
7986 3 14 Valley Coffee 11 /29/2022 39.55
7987 809 Valley Wide Beverage 11 /29/2022 1,795.25
7988 367 Verizon Wireless 11 /29/2022 1,847.71
7989 608 Vision Service Plan- CA 11 /29/2022 1,577.87
7990 818 Renee Waite-Mendonca 11 /29/2022 25.00
7991 536 Robert Wallis 11 /29/2022 25.00
7992 753 Warden's 11 /29/2022 5,278.67
7993 287 West Coast Code Consultants, Inc. 11 /29/2022 25,119.84 7994 765 White Brenner LLP 11 /29/2022 7,500.00
7995 409 Willdan Financial Services 11/29/2022 10,302.55 7996 869 Winner Chevrolet 11 /29/2022 54,233.96
7997 597 Work Wellness 11 /29/2022 465.00
7998 383 The Bank of New York Mellon Trust Comp 11 /29/2022 1,750.00 Total for 11/29/2022: 393,332.60
Report Total ( 196 checks): 1.247,561.58
AP Checks by Dale - Summary by Check Dale (11/30/2022 2:58 PM) Page4

MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
MAY 19, 2022
A Special Meeting of the Livingston City Council was held on May 19, 2022, in the Council of Chambers with Mayor Aguilar presiding.

CALL TO ORDER
Mayor Aguilar called the meeting to order at 6:02 p.m.

ROLL CALL
[g] Mayor Juan Aguilar Jr.
[g] Mayor Pro-Tern Raul Garcia (by teleconference)
[g] Council Member Maria Baptista-Soto
[g] Council Member Jose A. Moran
[g] Council Member Gagandeep Kang

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

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Aguilar opened Citizen Comments at 6:04 p.m.

Citizen Comments:

Attendee ( did not state name)
Citizen Comments by teleconference:

Attendee (did not state name)
Attendee (did not state name)

Page 1 of 3 ends

Mayor Aguilar closed Citizen Comments at 6:08 p.m. as there were no further comments from the public.

DISCUSSION AND POTENTIAL ACTION ITEMS
I. APPROVE A CONTRACT EXTENSION WITH MERCED COUNTY SHERIFF'S

OFFICE FOR INTERIM POLICE CHIEF SERVICES
Resolution Approving a Contract Extension Between Merced County Sheriff's Office and the City of Livingston for Interim Chief of Police Services.

Clerk's Notes: Mayor Pro-Tem Garcia rec used himself in an abundance of caution since he works for the Merced County Sheriff's Office. However, he noted that he would be available if needed.

He left the Council of Chambers at 6:09 p.m. before the item was discussed.

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

There was a lengthy discussion between the Council, Staff, and Undersheriff Cory Gibson regarding the Contract Extension Between Merced County Sheriff's Office and the City of Livingston for Interim Chief of Police Services.

Motion: Moran/Aguilar to approve option two (2) to have a Captain assigned to the City to oversee the operations of the Police Department while training and developing a City Lieutenant for future leadership roles with a Contract of up to a year with a three (3) month option to end the contract if needed. The motion carried 2-2-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Council Members: Moran and Aguilar
Council Members: Soto and Kang
Council Members: None
Council Members: Garcia
Clerk's Notes: Mayor Pro-Tern Garcia returned by teleconference while the motion roll call vote was taking place. He noted that pursuant to the FPPC page 16 (section 8710 I and regulation 18705(c)(l)), if there is a tie, he is legally required to participate.

City Attorney Hallinan recommended they continue the meeting in order to review the regulations and give an opinion.

There was a brief discussion between Council and City Attorney Hallinan regarding whether or not Mayor Pro-Tern Garcia can vote.

City Attorney Hallinan informed Mayor Pro-Tern Garcia that ifhe votes, it could create problems for the individual and the City.

Council Member Kang asked City Attorney Hallinan what would happen if the FPPC stated that Mayor Pro-Tern Garcia's vote doesn't count.

City Attorney Hallinan noted that the contract would be invalid and unenforceable, and they could take other actions.

Clerk's Notes: Mayor Pro-Tern Garcia decided to vote against City Attorney Hallinan's recommendation to continue the meeting in order to break a vote tie.

Motion: Moran/ Aguilar to approve option two (2) to have a Captain assigned to the City to oversee the operations of the Police Depa,tment while training and developing a City Lieutenant

Page 2 ends

for future leadership roles with a Contract ofup to a year with a three (3) month option to end the contract if needed. The motion carried 3-2-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members: Moran, Aguilar, and Garcia
Council Members: Soto and Kang
Council Members: None
Clerk's Notes: Only one motion roll call vote was taken since Mayor Pro-Tem Garcia joined the meeting while the roll call vote was being taken, and he decided to vote to break a vote tie.

ADJOURNMENT
The special meeting was adjourned by consensus at 7:16 p.m.

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 3 ends

MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
MAY 20, 2022
A Special Meeting of the Livingston City Council was held on May 20, 2022, in the Council of Chambers with Mayor Aguilar presiding.

CALL TO ORDER
Mayor Aguilar called the meeting to order at 8:00 p.m.

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

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

CHANGES TO THE AGENDA
Council separated the two resolutions on agenized Item 2 in order to have a separate vote and discussion.

CITIZEN COMMENTS
Mayor Aguilar opened Citizen Comments at 8:03 p.m.

Citizen Comments:

Attendee (did not state name)
Alan Cadian
Tony Marquez
Hilda Lopez

Page 1 of 4 ends

Council Member Kang and City Manager Portillo responded to Citizen Comments.

Mayor Aguilar closed Citizen Comments at 8:14 p.m. as there were no further comments from the public.

DISCUSSION AND POTENTIAL ACTION ITEMS

1. MOTION TO REPEL CONTRACT EXTENSION WITH MERCED COUNTY SHERIFF'S

OFFICE FOR INTERIM POLICE CHIEF SERVICES
Motion to Repel Contract Extension Between Merced County Sheriffs Office and the City of Livingston for Interim Chief of Police Services.

City Attorney Hallinan and Deputy City Attorney White introduced this item. City Attorney Hallinan noted that on May 19, 2022, the Council took an illegal vote on the Contract Extension Between Merced County Sheriffs Office and the City of Livingston for Interim Chief of Police Services, and they need to repel.

There was a brief discussion between Council, staff, and City Attorneys regarding the motion to repel contract extension between Merced County Sheriffs Office and the City of Livingston for Interim Chief of Police Services.

Mayor Aguilar opened Public Comments at 8:39 p.m.

Public Comments:

Rodrigo Espinoza
Attendee ( did not state name)
Gurpal Samra
Hilda Lopez
Alan Cadian
Cory Gibson, Undersheriff
Council Member Kang and City Manager Portillo responded to Public Comments.

Mayor Aguilar closed Public Comments at 8:49 p.m. as there were no further comments from the public.

Motion: M/S Moran/Aguilar to approve the Motion to Repel Contract Extension Between Merced County Sheriffs Office and the City of Livingston for Interim Chief of Police Services. The motion carried 4-0-1 by the following roll call vote:

A YES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Kang, Moran, Soto, and Aguilar
None
Garcia

2. APPROVE A CONTRACT EXTENSION WITH MERCED COUNTY SHERIFF'S

OFFICE FOR INTERIM POLICE CHIEF SERVICES
Resolution Approving a Contract Extension Between Merced County Sheriffs Office and the City of Livingston for Interim Chief of Police Services.

Clerk's Notes: Council separated the two resolutions on this agenized item 2 in order to have a separate vote and discussion. The first item of discussion is a Resolution Ratifying a Contract Amendment between Merced County Sheriffs Office and the City of Livingston for Interim Chief of

Page 2 of 4 ends

Police Services through September 30, 2022, and the second item of discussion will be the resolution Approving a Contract Extension between Merced County Sheriff's Office and the City of Livingston for Interim Chief of Police Services through June 30, 2023.

City Manager Portillo introduced the first item (Resolution Ratifying a Contract Amendment between Merced County Sheriff's Office and the City of Livingston for Interim Chief of Police Services through September 30, 2022) and responded to Council questions.

There was a lengthy discussion between Council, City Attorneys, and Undersheriff Corey Gibson on the Ratification of the Contract Amendment between Merced County Sheriff's Office and the City of Livingston for Interim Chief of Police Services through September 30, 2022.

Mayor Aguilar opened and closed Public Comments at 8:54 p.m. as there were no comments from the public.

Mayor Aguilar re-opened Public Comments at 9: 12 p.m.

Public Comments via Zoom:

Attendee ( did not state name)
Mayor Aguilar closed Public Comments at 9: 13 p.m. as there were no further comments from the public.

Motion: MIS Kang/Moran to approve Resolution No. 2022-30, Ratifying a Contract Amendment between Merced County Sheriff's Office and the City of Livingston for Interim Chief of Police Services through September 30, 2022. The motion carried 4-0-1 by the following roll call vote:

A YES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Kang, Moran, Soto, and Aguilar
None
Garcia
Clerk Notes: Council moved to discuss the second item (resolution Approving a Contract Extension between Merced County Sheriff's Office and the City of Livingston for Interim Chief of Police Services through June 30, 2023), which was separated from agenized item 2.

Motion: MIS Moran/Aguilar to continue the resolution Approving a Contract Extension between Merced County Sheriff's Office and the City of Livingston for Interim Chief of Police Services through June 30, 2023, to a date in the future in consideration of a new contract or contract extension with the Merced County Sheriff's Department. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Kang, Moran, Soto, and Aguilar
None
Garcia
There was a brief discussion between Council Member Kang and City Manager Portillo regarding the number of consultants contracted by the City.

ADJOURNMENT
The special meeting was adjourned by consensus at 9:27 p.m.

Page 3 of 4 ends

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 no/ 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 4 of 4 ends

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
JUNE 7, 2022
A Regular Meeting of the Livingston City Council was held on June 7, 2022, in the City Council Chambers with Mayor Aguilar presiding.

REGULAR MEETING
Mayor Aguilar called the meeting to order at 7:01 p.m.

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

ROLL CALL
r8J Mayor Juan Aguilar Jr.
r8J Mayor Pro-Tern Raul Garcia (Late Attendance)
r8J Council Member Maria Baptista-Soto
r8J Council Member Jose A. Moran
r8J Council Member Gagandeep Kang
Mayor Pro-Tern Garcia was marked absent during roll call; however, Mayor Pro-Tern Garcia entered the Council of Chambers at 7:28 p.m. after the roll call was taken. Therefore, the roll call was changed to Mayor Pro-Tern Garcia being late.

CLOSED SESSION ANNOUNCEMENTS
The closed session will be at the end of the regular meeting.

CHANGES TO THE AGENDA
Agenized Item 14 was moved before Awards, Presentations, and Proclamations.

Page 1 of 8 ends

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

Citizen Comments:

Bao Xiong
Salsi Xiong
Hina Sahata
Banpreet Heer
Citizen Comments by Email:

Katherine Schell Rodriguez
Deputy City Clerk Cisneros responded to a public comment.

Mayor Aguilar closed Citizen Comments at 7:09 p.m. as there were no further comments from the public.

AWARDS, PRESENTATIONS, PROCLAMATIONS
I. Presentation by Mayor Aguilar: Recognition of Firefighters of the Livingston Volunteer Fire Company
Mayor Aguilar presented this item. He presented a Certificate of Recognition to David Bates, Jose Flores, Alec Hernandez, Mike Hernandez, Glendon Koehn, Tony Neese, and Kenny Abeloe for heroically fighting fires, responding to medical emergencies, vehicle accidents, and other calls.

2. Presentation by Mayor Aguilar: Recognition of Madelyn Moreno, Miss Independence Teen Council.

Mayor Aguilar presented this item. He presented a Certificate of Recognition to Madelyn Moreno for the three (3) years of dedication to serving the veterans and community.

3. Presentation by Mayor Aguilar: Recognition of Linda Duran, UFW Foundation.

Mayor Aguilar presented this item. He presented a Certificate of Recognition to Linda Duran for the ongoing efforts to help and support the vulnerable population of hard-working farm, field, and Agriculture workers, local churches, and the Mexican/Mexican American community in Livingston, California.

At 7: 19 p.m. Mayor Aguilar called for a brief recess.

At 7 :23 p .m ., the meeting was reconvened.

DISCUSSION AND POTENTIAL ACTION ITEMS

14. Discussion and Direction on Street Renaming to Cesar Chavez Project.

Mayor Aguilar introduced this item. He suggested that they name a street after Cesar Chavez. He identified Campbell Boulevard as a possible street that could be renamed.

There was a brief discussion between Council and City Attorney Hallinan regarding street renaming to Cesar Chavez

Page 2 of 8 ends

Mayor Aguilar opened Public Comments at 7:30 p.m.

Public Comments:

Linda Duran
Lourdes Cardenas
Asuncion Ponce
Attendee ( did not state name)
Mayor Aguilar closed Public Comments at 7:37 p.m. as there were no further comments from the public.

Council gave direction to staff to look into renaming a street (portion of Campbell Boulevard) to Cesar Chavez and to check with businesses and bring back an item to rename the street.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
• Fire Captain Gardiner
• City Manager Portillo
Staff responded to Council questions.

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

CONSENT AGENDA

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

6. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated May 26, 2022

7. ACCEPT THE CITY OF LIVINGSTON HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2021
Resolution to Receive and Accept the Housing Element Annual Progress Report for Calendar Year 2021 and Authorize Staff to Submit the Report to the State Department of Housing and Community Development and the Governor's Office of Planning and Research Mayor Aguilar opened Public Comments at 8:00 p.m.

Public Comments by email or letter:

Katherine Schell Rodriguez ( comments on Item 7 and Item 8)

Page 3 ends

Contract City Planner Anderson and Police Chief Hale responded to public comments.

Mayor Aguilar closed Public Comments at 8:02 p.m. as there were no further comments from the public.

Motion: Garcia to approve Consent Agenda Items 4, 5, 6, 7, and 8. The motion died due to a lack of a second.

Clerk's Notes: Mayor Pro-Tern Garcia was asked to recuse himself from item 8 since it is a contract with Merced County Sheriffs Office.

Motion: Garcia/Kang to approve Consent Agenda Items 4, 5, 6, and 7. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

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

8. RESOLUTION APPROVING AN AGREEMENT WITH MERCED COUNTY FOR SPECIAL

SERVICES
Resolution Approving an Agreement Between the City of Livingston and Merced County for Special Services and Authorizing the City Manager to Execute Contract Clerk's Notes: Mayor Pro-Tern Garcia recused himself. He left the Council of Chambers at 8:09 p.m. before the item was discussed.

Motion: Kang/Moran to approve Resolution No. 2022-32, Approving an Agreement Between the City of Livingston and Merced County for Special Services and Authorizing the City Manager to Execute Contract. The motion carried 4-0-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Council Members: Soto, Moran, Kang, and Aguilar
Council Members: None
Council Members: None
Council Members: Garcia
Clerk's Notes: Mayor Pro-Tern Garcia returned after the action was taken at 8:11 p.m.

DISCUSSION AND POTENTIAL ACTION ITEMS

15. Discussion and Direction on Fire Department Commission.

Mayor Aguilar introduced this item.

There was a brief discussion between Council regarding the Fire Department Commission.

Council gave direction to staff to look into establishing a fire department commission.

Mayor Aguilar opened Public Comments at 8: 18 p.m.

Public Comments:

Jose Flores

Page 4 ends

Mayor Aguilar closed Public Comments at 8:22 p.m. as there were no further comments from the public.

16. Discussion and Direction on City of Livingston Having Their Own Fire Chief.

Mayor Aguilar introduced this item.

There was a brief discussion between the Council regarding the City of Livingston Having Their Own Fire Chief.

Mayor Aguilar open Public Comments at 8:31 p.m.

Public Comments:

Jose Flores
Mark Pimentel
David Bates
Jose Flores
City Manager Portillo responded to public comments.

Mayor Aguilar closed Public Comments at 8:40 p.m. as there were no further comments from the public.

Council gave direction to staff to do some research and provide options and recommendations.

PUBLIC HEARINGS

9. Public Hearing-Zoning Text Amendment No. 2022-01 -Accessory Dwelling Unit Ordinance.

An Ordinance to Update the Livingston Municipal Code (LMC) to be consistent with California Government Code Section 65852.2 and 65858.22 related to Accessory Dwelling Units.

Assistant Planner Joshua Jordan introduced this item and responded to Council questions.

Mayor Aguilar opened the Public Hearing at 8:56 p.m.

Public Comments:

Diego Castillo
Jairo Aguilar
Public Comments by email:

Katherine Schell Rodriguez (by email)
Contract City Planner Anderson, Joshua Jordan, and City Attorney Hallinan responded to public comments.

Mayor Aguilar closed Public Hearing at 9:07 p.m. as there were no further comments from the public.

Motion: Garcia/Moran to approve Ordinance Zoning Text Amendment No. 2022-0 I - Accessory Dwelling Unit Ordinance. An Ordinance to Update the Livingston Municipal Code (LMC) to be consistent with California Government Code Section 65852.2 and 65858.22 related to Accessory Dwelling Units. The motion carried 5-0-0 by the following roll call vote:

Page 5 of 8 ends

AYES:

NOES:

ABSENT:

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

DISCUSSION AND POTENTIAL ACTION ITEMS

12. APPROVE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LIVINGSTON AND

JENNIFER REIDEMAN FOR THE POSITION OF FINANCE DIRECTOR
Resolution Approving the Employment Agreement between the City of Livingston and Jennifer Reideman for the Position of Finance Director.

City Manager Portillo introduced this item.

Mayor Aguilar opened public comment at 9:21 p.m.

Public Comments:

Katherine Schell Rodriguez
City Manager Portillo responded to public comments.

Mayor Aguilar closed Public Comments at 9:22 p.m. as there were no further comments from the public.

Motion: Garcia/Moran to approve Resolution No. 2022-33, Approving the Employment Agreement between the City of Livingston and Jennifer Riedeman for the Position of Finance Director. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members: Soto, Moran, Kang, Garcia, and Aguilar Council Members: None
Council Members: None
At 9:22 p.m. Mayor Aguilar called for a briefrecess.

At 9:29 p.m., the meeting was reconvened.

Clerk's Notes: Mayor Pro-Tern Garcia left the Council of Chambers at 9:29 p.m.

PUBLIC HEARINGS
I 0. Resolution Amending and/or Approving the Engineer's Report for the Livingston Benefit assessment Districts and the Levy and Collection of Annual Assessments within such Districts for Fiscal Year 2022/2023 and Confirming Diagrams and Assessments Pursuant to the Benefit Assessment Act of 1982 and as Provided by Article XIIID of the California Constitution City Manager Portillo introduced Susana Hernandez from Willdan Financial Services.

Susanna Hernandez from Willdan Financial Services introduced this item.

Mayor Aguilar opened and closed Public Hearing at 9:34 p.m. as there were no comments from the public.

Page 6 ends

Motion: Moran/Soto to approve Resolution No. 2022-34, Amending and/or Approving the Engineer's Report for the Livingston Benefit assessment Districts and the Levy and Collection of Annual Assessments within such Districts for Fiscal Year 2022/2023 and Confirming Diagrams and Assessments Pursuant to the Benefit Assessment Act of 1982 and as Provided by Article XIIID of the California Constitution. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Soto, Moran, Kang, and Aguilar
None
Garcia

11. Resolution Amending and/or Approving the Engineer's Report for the Citywide Consolidated Landscape Maintenance Assessment District No. 1 and the Levy Collection of Annual Assessments within such District for Fiscal Year 2022/2023 and Confirming Diagrams and Assessments Pursuant to the Provisions of Part 2 of Division 15 of the California Streets and Highways Code and As Provided by A1ticle XllID of the California Constitution Mayor Aguilar opened and closed Public Hearing at 9:36 p.m. as there were no comments from the public.

Motion: Moran/Soto to approve Resolution No. 2022-35, Amending and/or Approving the Engineer's Report for the Citywide Consolidated Landscape Maintenance Assessment District No. 1 and the Levy Collection of Annual Assessments within such District for Fiscal Year 2022/2023 and Confirming Diagrams and Assessments Pursuant to the Provisions of Part 2 of Division 15 of the California Streets and Highways Code and As Provided by Article XIIID of the California Constitution. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Soto, Kang, Moran, and Aguilar
None
Garcia

DISCUSSION AND POTENTIAL ACTION ITEMS

13. Discussion and Direction for Fireworks and Training and Travel Adjustments.

City Manager Portillo introduced this item.

Council gave direction to staff to budget $20,000 for fireworks and to budget $15,000 for education and training.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

CLOSED SESSION

17. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Initial 6 Month Review)
Title: City Manager
Pursuant to Government Code Section 54957
I 8. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Initial 6 Month Review)

Page 7 ends

Title: City Attorney
Pursuant to Government Code Section 54957
Mayor Aguilar noted that Mayor Pro-Tem Garcia requested that the closed session items be continued to the next meeting in order for him to participate.

Council agreed to continue the closed items to the next regular meeting.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:56 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 no/ 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 minules are available upon request and may be obtained at Livingston City Hall.

Page 8 ends

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
JUNE 21, 2022
A Regular Meeting of the Livingston City Council was held on June 21 , 2022, in the City Council Chambers with Mayor Aguilar presiding.

REGULAR MEETING
Mayor Aguilar called the meeting to order at 7:01 p.m.

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

ROLL CALL
~ Mayor Juan Aguilar Jr.
~ Mayor Pro-Tern Raul Garcia (By teleconference)
~ Council Member Maria Baptista-Soto
~ Council Member Jose A. Moran
~ Council Member Gagandeep Kang

CLOSED SESSION ANNOUNCEMENTS
None.

CHANGES TO THE AGENDA
Agenized ltem 6 was pulled for discussion.

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

Page 1 of 5 ends

Citizen Comments:

Gurpal Samra
Mayor Aguilar closed Citizen Comments at 7:04 p.m. as there were no further comments from the public.

At 7:04 p.m. Mayor Aguilar called for a brief recess.

At 7:05 p.m., the meeting was reconvened.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
• Police Chief Hale
• Recreation Specialist Marques
• City Manager Portillo
Staff responded to Council questions.

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

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

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

3. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated June 08, 2022

4. WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 649 Waive the Second Reading of and Adopt Ordinance No. 649, Amending Livingston Municipal Code Title 5, Chapter 5, Chapter 2, Section 5-2-2: Residential Chapter 3, Section 5-3-15: Land Use Regulations (Zoning Matrix), Chapter 5, Section 5-5-6: Second Residential Units By Repealing Section 5-5-6 In Its Entirety and Substitution It With a New Section 5-5-6, and Chapter 7, Section 5-7-2: Definitions of Words and Phrases Related to Accessory Dwelling Units.

5. AUTHORIZING SIGNATORIES FOR BANKING AND INVESTMENT SERVICES Resolution Authorizing Signatories for Banking Services and Local Agency Investment Fund.

Motion: Soto/Aguilar to approve Consent Agenda Items I, 2, 3, 4, and 5. The motion carried 5-0- 0 by the following roll call vote:

AYES:

NOES:

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

Page 2 ends

ABSENT: Council Members: None

6. AUTHORIZE CONTINUATION OF THE 2021/22 FISCAL YEAR BUDGET Resolution Continuing the 2021/22 Fiscal Year Budget and Authorizing the City Manager to Make Expenditures to Meet Current Financial Obligations Until the 2022/23 Fiscal Year Budget is Adopted.

There was a brief discussion between Council and staff regarding Continuing the 2021 /22 Fiscal Year Budget and Authorizing the City Manager to Make Expenditures to Meet Current Financial Obligations Until the 2022/23 Fiscal Year Budget is Adopted.

Mayor Aguilar opened and closed Public Comments at 8: 19 p.m. as there were no comments from the public.

Motion: Moran/Aguilar to approve Resolution No. 2022-37, Continuing the 2021/22 Fiscal Year Budget and Authorizing the City Manager to Make Expenditures to Meet Current Financial Obligations Until the 2022/23 Fiscal Year Budget is Adopted. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

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

DISCUSSION AND POTENTIAL ACTION ITEMS

7. AUTHORIZE CONTRACT WITH WGR FOR STORM DRAIN COMPLIANCE REPORTING Resolution Approving the Professional Services Agreement Between the City of Livingston and WGR Southwest, Inc. for Phase II MS4 and General NPDES Permit Compliance Services City Manager Portillo introduced this item and responded to Council questions.

Mayor Aguilar opened and closed Public Comments at 8:23 p.m. as there were no comments from the public.

Motion: Moran/Aguilar to approve Resolution No. 2022-38, Approving the Professional Services Agreement Between the City of Livingston and WGR Southwest, Inc. for Phase II MS4 and General NPDES Permit Compliance Services. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

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

8. ACCEPTING PHASE I PAVING SIX DIRT ALLEYS AS COMPLETE Resolution Accepting Phase I Paving Six Dirt Alleys, Federal-Aid Project No. CML-5256(018) as Complete, Authorizing the Deputy City Clerk to Record a Notice of Completion With Merced County and Authorizing the City Manager to Make Final Payment of Retention Monies to M4 Concrete & Drywall, Inc.

City Engineer Gouveia introduced this item and responded to Council questions.

Page 3 of 5 ends

Mayor Aguilar opened and closed Public Comments at 8:25 p.m. as there were no comments from the public.

Motion: Moran/Kang to approve Resolution No. 2022-39, Accepting Phase I Paving Six Di11 Alleys, Federal-Aid Project No. CML-5256(018) as Complete, Authorizing the Deputy City Clerk to Record a Notice of Completion With Merced County and Authorizing the City Manager to Make Final Payment of Retention Monies to M4 Concrete & Drywall, Inc. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

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

9. ACCEPTING PHASE II PAVING TWO DIRT ALLEYS AS COMPLETE Resolution Accepting Phase II Paving Two Dirt Alleys, Federal-Aid Project No. CML-5256(019) as Complete, Authorizing the Deputy City Clerk to Record a Notice of Completion With Merced County and Authorizing the City Manager to Make Final Payment of Retention Monies to M4 Concrete & Drywall, Inc.

City Engineer Gouveia introduced this item and responded to Council questions.

Mayor Aguilar opened and closed Public Comments at 8:37 p.m. as there were no comments from the public.

Motion: Moran/Kang to approve Resolution No. 2022-40, Accepting Phase II Paving Two Di1t Alleys, Federal-Aid Project No. CML-5256(0 I 9) as Complete, Authorizing the Deputy City Clerk to Record a Notice of Completion With Merced County and Authorizing the City Manager to Make Final Payment of Retention Monies to M4 Concrete & Drywall, Inc. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

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

10. APPROVE THE CITY OF LIVINGSTON FY 22/23 LIST OF ELIGIBLE PROJECTS FOR

FUNDING FROM THE ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA)
Resolution Approving the City of Livingston FY 22/23 List of Eligible Projects for Funding From the Road Maintenance and Rehabilitation Account (RMRA) and Authorizing the City Manager to File With the California Transportation Commission the Project List and Annual Expenditure Report for FY 2022/2023 RMRA Funding.

City Engineer Martinez introduced this item and responded to Council questions.

Mayor Aguilar opened and closed Public Comments at 8:45 p.m. as there were no comments from the public.

Clerk's Notes: Mayor Pro-Tem Garcia left the Council of Chambers at 8:46 p.m.

Motion: Moran/ Aguilar to approve Resolution No. 2022-41, Approving the City of Livingston FY 22/23 List of Eligible Projects for Funding From the Road Maintenance and Rehabilitation Account (RMRA) and Authorizing the City Manager to File With the California Transportation

Page 4 of 5 ends

Commission the Project List and Annual Expenditure Report for FY 2022/2023 RMRA Funding.

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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Bring the Attorney evaluation on July 5, 2022.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:47 p.m.

City Clerk of the City of Livingston
APPROVED:

Mayor or Mayor ProTempore
The written meeting minutes reflect a summary of specijic 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 5 of 5 ends

MEETING MINUTES

REGULAR MEETING

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

REGULAR MEETING
Mayor Aguilar called the meeting to order at 7:01 p.m.

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

ROLL CALL
IZJ Mayor Juan Aguilar Jr.

IZJ Mayor Pro-Tern Raul Garcia (Late Attendance)
IZJ Council Member Maria Baptista-Soto
IZ] Council Member Jose A. Moran
IZJ Council Member Gagandeep Kang
Mayor Pro-Tern Garcia was marked absent during roll call; however, Mayor Pro-Tern Garcia joined the meeting by teleconference at 7:33 p.m. after the roll call was taken. Therefore, the roll call was changed to Mayor Pro-Tern Garcia being late.

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

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS

Page 1 of 5 ends

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

Citizen Comments by email or letter:

Christine Chavez
Mayor Aguilar closed Citizen Comments at 7:05 p.m. as there were no further comments from the public.

AWARDS, PRESENTATIONS, PROCLAMATIONS
I. Presentation by Mayor Aguilar: Recognition of Brigadier General Taft 0. Aujero, Assistant Adjutant General for the California Air National Guard.

Mayor Aguilar presented this item. He presented a Certificate of Recognition to Brigadier General Taft 0. Aujero, Assistant Adjutant General, for his service, courage, and sacrifices in support of the United States of America.

2. Presentation by Mayor Aguilar and Brigadier General Taft 0. Aujero: Recognition of Elias Maldonado, Master Sergeant with the US Air Force- Air National Guard Brigadier General Taft 0. Aujero introduced Elias Maldonado.

Mayor Aguilar presented a Certificate of Recognition to Elias Maldonado for his service, courage, and sacrifices in support of the United States of America.

3. Presentation by Mayor Aguilar and Brigadier General Taft 0. Aujero: Recognition of Ramon Lopez, Chief Master Sergeant with the US Air Force- Air National Guard Brigadier General Taft 0. Aujero introduced Elias Maldonado.

Mayor Aguilar presented a Certificate of Recognition to Ramon Lopez for his service, courage, and sacrifices in support of the United States of America.

At 7: 13 p.m. Mayor Aguilar called for a brief recess.

At 7:27 p.m., the meeting was reconvened.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
No staff reports.

City Council Members and Mayor's Announcements and Reports • Council Member Moran
• Mayor Aguilar
Mayor opened Public Comments at 7:37 p.m.

Public Comments:

Lisa Sanchez
Raul Espinoza

Page 2 of 5 ends

City Manager Portillo responded to public comments.

Mayor Aguilar closed Public Comments at 7:49 p.m. as there were no further comments from the public.

CONSENT AGENDA

6. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated June 24, 2022

7. RATIFY EXPENDITURES FOR EMERGENCY SEWER REPAIRS
Resolution Authorizing the Ratification of Payment for Emergency Sewer Repairs Motion: Moran/Kang to approve Consent Agenda Items 4, 5, 6, and 7. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

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

8. ESTABLISH THE CITY'S POLICY FOR A TIE VOTE WHEN TWO (2) OR MORE

CANDIDA TES RECEIVE AN EQUAL NUMBER OF VOTES
Resolution Establishing the Policy of Resolving a Tie Vote by Lot when Two or More Candidates Receive an Equal and Highest Number of Votes
City Attorney Hallinan introduced the item and responded to Council questions.

Mayor Aguilar opened and closed Public Comments at 7:55 p.m. as there were no comments from the public.

Motion: Garcia/Moran to approve Resolution No. 2022-43, Establishing the Policy of Resolving a Tie Vote by Lot when Two or More Candidates Receive an Equal and Highest Number of Votes.

The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

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

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Discussion and Direction on Allocating the 4th of July Funds to the Centennial Celebration.

City Manager Portillo introduced this item.

Page 3 of 5 ends

There was a lengthy discussion between Council and staff regarding Allocating the 4th of July Funds to the Centennial Celebration.

Mayor Aguilar opened Public Comments at 8: 18 p.m.

Public Comments:

Attendee ( did not state name)
Mayor Aguilar closed Public Comments at 8:20 p.m. as there were no further comments from the public.

Motion: Aguilar/Garcia to approve $20,000 towards the Centennial Celebration. The motion carried 0-1-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Council Members: Soto
Council Members:

Clerk Notes: Mayor Aguilar withdrew his first motion, and Mayor Pro-Tem Garcia withdrew his second motion after Council Member Soto provided her vote.

Council gave direction to staff to provide more information on the cost of a second firework show.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Would like an update item on F&M Bank having a facility at the City of Livingston.

Council went into closed session.

CLOSED SESSION ANNOUNCEMENTS
No report.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 10:55 p.m.

City Clerk of the City of Livingston

Page 4 of 5 ends

APPROVED:

Mayor or Mayor ProTempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do nor 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 5 ends

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
JULY 19, 2022
A Regular Meeting of the Livingston City Council was held on July 19, 2022, in the City Council Chambers with Mayor Aguilar presiding.

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

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

ROLL CALL
t8J Mayor Juan Aguilar Jr.
t8J Mayor Pro-Tern Raul Garcia
t8J Council Member Maria Baptista-Soto
t8J Council Member Jose A. Moran
D Council Member Gagandeep Kang (Excused Absence)

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Aguilar opened Citizen Comments at 7:04 p.rn.

Citizen Comments:

Refugio Llama, Veteran Services Officer
Cory Gibson, Under Sheriff of Merced County
Mike Torres

Page 1 of 4 ends

Mayor Aguilar closed Citizen Comments at 7:08 p.m. as there were no further comments from the public.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
• Finance Director Riedeman
• Pub lie Works Superintendent Avina
• Recreation Superintendent Benoit
• City Manager Portillo read Interim Police Chief Hale's written report Staff responded to public comments.

Public Comments:

Attendee ( did not state name)
Attendee (did not state name)
City Council Members and Mayor's Announcements and Reports • Council Member Moran

DISCUSSION AND POTENTIAL ACTION ITEMS

5. Discussion and Direction for Alternatives on Renaming Street to Cesar E. Chavez Clerk's Notes: Item 5 was moved after Announcements and Reports.

Mayor Aguilar introduced this item.

There was a brief discussion between Council regarding the alternatives to renaming a street to Cesar E. Chavez.

Mayor Aguilar opened Public Comments at 8:01 p.m.

Public Comments:

Ida Scola
Cathy Thompson Valdez
Ana Lemus read a letter on behalf of her grandparents, Tom and Joni Campbell Russ Winton
Attendee ( did not state name)
Mike Torres
Gabriel Salazar
Public Comments by Emails:

Pete Esquibias
Janie Ritchie Mc Caskill
Robert Anderson
Cathy Valdez
Renee Thompson
Jeff Valdez
Dustin Thompson
Mayor Aguilar responded to public comments.

Page 2 of 4 ends

Mayor Aguilar closed Public Comments at 8:28 p.m. as there were no further comments from the public.

Mayor noted that a couple of Council Members agree with sharing the street name symbolically. and two Council Members would like additional follow-up.

Council gave direction to staff to look at what other cities are doing on renaming streets, symbolically designating a street name, and looking at a street renaming policy.

3. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated July 7, 2022
Motion: Moran/Aguilar to approve Consent Agenda. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

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

DISCUSSION AND POTENTIAL ACTION ITEMS

4. APPROVE AGREEMENT WITH DAHLIN FOR THE DEPARTMENT OF PARKS AND

RECREATION GRANT PROJECT MANAGEMENT
Resolution Approving the Award of Agreement for the Department of Parks and Recreation Grant Project Management with Dahlin
Finance Director Riedeman and Gabriel Salazar introduced this item and responded to Council questions.

Gregor Markel, Senior Principal with Dahlin, introduced himself and provided information of the company.

There was a lengthy discussion between Council, staff, Gregor Markel from Dahlin, and Gabriel Salazar.

Mayor Aguilar opened Public Comment at 9:24 p.m.

Public Comments:

Attendee ( did not state name)
Jason Roth (by phone)
Attendee ( did not state name)

Page 3 of 4 ends

Mayor Aguilar closed Public Comments at 9:27 p.m. as there were no further comments by the public.

Motion: Aguilar/Soto to approve Resolution No. 2022-44, Approving the Award of Agreement for the Department of Parks and Recreation Grant Project Management with Dahlin. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Continuation of City Attorney Evaluation
• Report on the street renaming process

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:36 p.m.

City Clerk of the City of Livingston
APPROVED:

Page 4 of 4 ends

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
AUGUST 2, 2022
A Regular Meeting of the Livingston City Council was held on August 2, 2022, in the City Council Chambers with Mayor Aguilar presiding.

REGULAR MEETING
Mayor Aguilar called the meeting to order at 7:01 p.m.

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

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

CLOSED SESSION ANNOUNCEMENTS
Closed session will reconvene after the regular meeting.

CHANGES TO THE AGENDA
None.

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

Citizen Comments:

Page 1 of 7 ends

Julio Valadez
Rodrigo Espinoza, County Supervisor
Attendee (did not state name) asked County Supervisor Rodrigo Espinoza a question.

Deputy City Clerk Cisneros noted that the emails received were sent to the Council and forwarded to her (Deputy City Clerk) by Council Member Soto to read as public comment.

Citizen Comments by Email:

Catalina Reyes
Lucas Hernandez
Mayor Aguilar closed Citizen Comments at 7: 15 p.m. as there were no further comments from the public.

AW ARDS, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Mayor Aguilar: Proclamation Recognizing Seventeen Hometown Heroes in the City of Livingston
Jacquie gave a PowerPoint presentation on the 17 hometown heroes.

Mayor Aguilar presented a proclamation recognizing the seventeen hometown heroes in the City of Livingston.

2. Presentation by Mayor Aguilar: Recognition of Russ Winton Mayor Aguilar presented this item. He presented a Certificate of Recognition Russ Winton.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
No reports.

City Council Members and Mayor's Announcements and Reports • Council Member Moran
• Council Member Soto
• Mayor Aguilar
Staff responded to Council questions.

CONSENT AGENDA

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

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

5. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated July 22, 2022

Page 2 ends

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

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

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

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

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

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

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

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

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

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

17. AUTHORIZE CITY MANAGER TO FILE A REGIONAL SURF ACE TRANSPORTATION EXCHANGE PROGRAM FUND CLAIM FORM FOR FISCAL YEAR 2021/2022 Resolution Authorizing the City Manager to File a Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim Form For Fiscal Year 2021/2022

18. INFORMATIONAL PURPOSES ONLY - EMERGENCY SEWER REPAIRS Informational Purposes Only - Emergency Sewer Repairs.

Motion: Garcia/Moran to approve Consent Agenda Items 3 through 15, 17, and 18. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

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

16. APPROVE LIVINGSTON YOUTH FOOTBALL ORGANIZATION FEE WAIVER REQUEST Resolution Approving a Facility Fee Waiver Request from the Livingston Youth Football Organization for Use of City Facilities Totaling $1,260 Clerk's Notes: Item 16 was pulled for discussion.

Page 3 ends

City Manager Portillo introduced this item.

Mayor Aguilar opened and closed Public Comments at 7:38 p.m. as there were no comments from the public.

Recreation Superintendent Benoit briefly commented on the Facility Fee Waiver Request from the Livingston Youth Football Organization for Use of City Facilities.

Council Member Soto read a letter provided to Council from the Livingston Youth Football Organization CPA.

Deputy City Attorney White requested a five (5) minute recess.

At 7:42 p.m. Mayor Aguilar called for a briefrecess.

At 7 :44 p.m., the meeting was reconvened.

Deputy City Attorney White reported that Council Member Soto does not have a conflict of interest on item 16. He noted that being a member of an organization or on the board does not create a conflict of interest. In addition, he said that council Member Soto does not have an economic interest.

Motion: Kang/Soto to approve Resolution No. 2022-46, Approving a Facility Fee Waiver Request from the Livingston Youth Football Organization for Use of City Facilities Totaling $1,260. The motion carried 4-0-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

DISCUSSION AND POTENTIAL ACTION ITEMS

19. Accept Contract Termination Letter from Merced County Sheriffs Office for Interim Chief of Police Services, and Approve the Following: I. Contract Extension with Merced County Sheriffs Office for Interim Police Chief Services or 2. Declare a State of Local Emergency Due to Understaffed Police Department
Clerk's Notes: Items I and 2 from agenized item 19 were separated.

Clerk's Notes: Mayor Pro-Tem Garcia recused himself from part one of Item 19 in an abundance ofcaution. He left the Council of Chambers at 7:48 p.m.

City Manager Portillo introduced this item (Accept Contract Termination Letter from Merced County Sheriff's Office for Interim Chief of Police Services, and Approve the Following: I.

Contract Extension with Merced County Sheriffs Office for Interim Police Chief Services) and responded to Council questions.

There was a lengthy discussion between Council, staff, and Undersheriff Corey Gibson regarding the Contract Extension with Merced County Sheriffs Office for Interim Police Chief Services.

Mayor Aguilar opened Public Comments at 8:26 p.m.

Page 4 ends

Public Comments at:

Attendee ( did not state name)
Attendee ( did not state name)
Attendee ( did not state name)
Attendee ( did not state name)
Attendee ( did not state name)
Attendee ( did not state name)
Dwight Larks
Attendee ( did not state name)
Public Comments by Teleconference:

Attendee ( did not state name)
Jason Roth
Mayor Aguilar closed Public Comments at 8:47 p.m. as there were no further comments from the public.

Motion: Moran/Aguilar approve option 1 (stated in the staff report) of the Contract Extension with Merced County Sheriff's Office for Interim Police Chief Services in a form substantially similar to the discussion with the Sheriff's Department. The motion failed 2-2-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members: Moran and Aguilar
Council Members: Soto and Kang
Council Members: None
ABSTAIN: Council Members: Garcia
At 9: 17 p.m. Mayor Aguilar called for a briefrecess.

At 9:37 p.m., the meeting was reconvened.

Mayor Pro-Tern Garcia returned after the action was taken on part I of item 19 at 9:26 p.m.

City Manager Portillo introduced part 2 of agenized Item 19 (Declare a State of Local Emergency Due to Understaffed Police Department) and responded to Council questions.

Deputy City Attorney White noted that he had a conversation with Council during the recess about taking out some language that's potentially in the resolution so it could be considered and Mayor Pro-Tern Garcia could participate. He noted that the discussion was whether or not Mayor Pro-Tern could participate in this item (part 2 of item 19) Deputy City Attorney White explained to the Council the rules for declaring a state of emergency.

Mayor Aguilar opened Public Comments at 9:47 p.m.

Public comments:

Attendee ( did not state name)
Attendee ( did not state name)
Attendee ( did not state name)
Undersheriff Corey Gibson
Attendee ( did not state name)

Page 5 ends

Public Comments by Teleconference:

Dwight Larks
Jason Roth
Mayor Aguilar closed Public Comment at I 0:08 p.m. as there were no further comments from the Council.

There was a lengthy discussion between Council and staff on declaring a State of Local Emergency due to understaffed Police Department.

Mayor Aguilar opened Public Comment at I 0: 11 p.m.

Public Comments:

Attendee ( did not state name)
UndersheriffCorey Gibson responded to public comments.

Mayor Aguilar closed Public Comments at I 0: 12 p.m. as there were no further comments from the public.

Motion: Moran to approve resolution Declaring a State of Local Emergency. Council Member Moran amended his motion to change the title of the motion as stated by Deputy City Attorney White.

Motion: Moran to Declare a State of Local Emergency without specifying the solution. The motion failed due to the lack of a second.

Clerk's Notes: Mayor Pro-Tern Garcia second Council Member Moran's motion. However, he withdrew his motion.

Mayor Aguilar noted that he and Mayor Pro-Tem Garcia would like more information and actual numbers.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

CLOSED SESSION ANNOUNCEMENTS
Closed session Item I - No reportable action.

Closed session Items 2 and 3 were continued to an unspecified date.

ADJOURNMENT
The meeting was adjourned by consensus at approximately I 0:37 p.m.

City Clerk of the City of Livingston

Page 6 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 7 ends

MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
AUGUST 10, 2022
A Special Meeting of the Livingston City Council was held on August l 0, 2022, in the Council of Chambers with Mayor Aguilar presiding.

CALL TO ORDER
Mayor Aguilar called the meeting to order at 5:35 p.m.

ROLL CALL
C8] Mayor Juan Aguilar Jr.

C8] Mayor Pro-Tern Raul Garcia
C8] Council Member Maria Baptista-Soto
C8] Council Member Jose A. Moran
D Council Member Gagandeep Kang (Excused Absence)

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 comments from the publi c.

BUDGET WORKSHOP
I. Proposed Budget Fiscal Year 2022/2023 - Workshop
City Manager Portillo introduced Finance Director Riedeman and summarized what would be presented.

Page 1 ends

Finance Director introduced this item. She gave a PowerPoint presentation on the proposed budget for the fiscal year 2022/23 and responded to Council questions. She reviewed the budget process, major projects-new or continuing, American Rescue Plan Act allocation, revenues, and expenditures.

There was a brief discussion between Council and staff on the proposed budget for the fiscal year 2022/2023.

Mayor Aguilar opened Public Comments at 6:28 p.m.

Public Comments:

Katherine Schell Rodriguez
Finance Director Riedeman, City Manager Portillo, and City Engineer Gouveia responded to public comments.

Mayor Agular closed Public Comments at 6:44 p.m. as there were no further comments from the public.

ADJOURNMENT
The special meeting was adjourned by consensus at 6:44 p.m.

City Clerk of the City of Livingston
APPROVED:

Page 2 ends

MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
AUGUST 11, 2022
A Special Meeting of the Livingston City Council was held on August 11 , 2022, in the Council of Chambers with Mayor Aguilar presiding.

CALL TO ORDER
Mayor Aguilar called the meeting to order at 5:32 p.m.

ROLL CALL
IZI Mayor Juan Aguilar Jr.

IZI Mayor Pro-Tern Raul Garcia
IZI Council Member Maria Baptista-Soto (Late Attendance) IZI Council Member Jose A. Moran
IZI Council Member Gagandeep Kang
Council Member Soto was marked absent during roll call; however, Council Member Soto entered the Council of Chambers at 5:50 p.m. after the roll call was taken. Therefore, the roll call was changed to Council Member Soto being late.

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 5:34 p.m. as there were no comments from the public.

BUDGET WORKSHOP

Page 1 of 3 ends

1. Proposed Budget Fiscal Year 2022/2023 - Workshop
City Manager Portillo summarized what would be presented.

Finance Director introduced Riedeman this item. She gave a PowerPoint presentation on the proposed budget for the fiscal year 2022/23 and responded to Council questions. Ms. Riedeman followed up on requests from Council. She also reviewed the budget changes errata sheet and provided recommendations.

There was a lengthy discussion between Council and staff on the proposed budget for the fiscal year 2022/2023.

Mayor Agular opened and closed Public Comments at 5:52 p.m. as there were no comments from the public.

DISCUSSION AND POTENTIAL ACTION ITEMS

2. Resolution Adopting the Annual Budget for Fiscal Year 2022/23 and the Final GANN Appropriation Limits for Fiscal Year 2022/2023
Finance Director Riedeman introduced this item and responded to Council questions.

There was a brief discussion between Council and staff on the Annual Budget for the Fiscal Year 2022/23.

Mayor Aguilar opened and closed public comments at 6:00 p.m. as there were no comments from the public.

Motion: Garcia/Aguilar to approve Resolution No. 2022-47, Adopting the Annual Budget for Fiscal Year 2022/23 and the Final GANN Appropriation Limits for Fiscal Year 2022/2023. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

Council Members: Soto, Moran, Kang, Garcia, and Aguilar Council Members: None
ABSENT: Council Members: None
At 6:01 p.m. Mayor Aguilar called for a briefrecess.

At 6:06 p.m., the meeting was reconvened.

CLOSED SESSION

3. Labor Negotiations
(Government Code Section 54957.6)
Agency Negotiator: City Manager
Employee Organizations: All Unrepresented City Employees Mayor Aguilar opened and closed Public Comments at 6:06 p.m. as there were no comments from the public.

CLOSED SESSION ANNOUNCEMENTS
Council gave direction to staff.

Page 2 ends

ADJOURNMENT
The special meeting was adjourned by consensus at 6:45 p.m.

City Clerk of the City of Livingston
APPROVED:

Page 3 ends

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
AUGUST 16, 2022
A Regular Meeting of the Livingston City Council was held on August 16, 2022, in the City Council Chambers with Mayor Aguilar presiding.

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

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

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

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Aguilar opened and closed Citizen Comments at 7:03 p.m. as there were no comments from the public.

ANNOUNCEMENTS AND REPORTS
City Staff and City Manager Announcements and Reports
• City Manager Portillo

Page 1 of 4 ends

City Council Members and Mayor's Announcements and Reports • Council Member Moran
• Council Member Soto
• Mayor Aguilar
Staff responded to Council questions.

CONSENT AGENDA

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

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

APPROVE THE LOCAL FUNDING AGREEMENT

4. Resolution Approving the Local Funding Agreement with the Merced County Association of Governments
Motion: Moran/Garcia to approve Consent Agenda. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

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

DISCUSSION AND POTENTIAL ACTION ITEMS

5. Approval of the Appointment of Charles Hale as Chief of Police and Ratification of Employment Agreement
City Manager Portillo introduced this item and responded to Council questions.

Mayor Aguilar opened Public Comments at 7: 13 p.m.

Public comments:

Attendee ( did not state name)
Dwight Larks
Renee Lopez
J apchae ( did not state the last name)
Dale ( did not state the last name)

Page 2 of 4 ends

Attendee ( did not state name)
Council Member Soto read a public comment that she received by email.

City Manager Portillo and City Attorney Hallinan responded to public comments.

Mayor Aguilar closed Public Comments at 7:26 p.m. as there were no further comments from the public.

There was a brief discussion between the Council and staff regarding the Appointment of Charles Hale as Chief of Police and the Ratification of the Employment Agreement.

Motion: Moran/Garcia approve the Appointment of Charles Hale as Chief of Police and Ratification of Employment Agreement. The motion carried 3-1-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

6. Discussion on Attendance and Designation of Voting Delegate and Alternates for the 2022 League of California Cities Annual Conference- Annual Business Meeting, September 7- September 9, 2022, Long Beach, CA
City Manager Portillo introduced this item.

Mayor Aguilar noted that the Council Member appointed to the board usually attends the conference.

Council Member Soto noted that she needs to check her work schedule; however, she asked if an alternative would be available.

Council Member Moran asked if attendance is required.

Mayor Aguilar said no.

City Manager Portillo informed the Council of the deadline to provide a designation of a voting delegate.

Mayor asked Council Member Soto to get back to the City Manager as soon as possible.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• A Request was made for a meeting on August 23, 2022, to continue with the City Attorney evaluation.
• A Request was made for a 6-month Evaluation of City Manager.

Page 3 of 4 ends

• Discussion on MCAG Citizens Oversight Committee

ADJOURNMENT
The meeting was adjourned by consensus at approximately 7:42 p.m.

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 4 of 4 ends

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Adopt Resolution of the City Council of the City of Livingston Reciting the Fact of the General Consolidated Municipal Election Held on Tuesday, November 8, 2022, and Declaring the Results and Such Other Matters as Provided by Law.

December 6, 2022
Doug White, City Attorney
Monica Cisneros, Deputy City Clerk
Jennifer Riedeman, Finance Director
RECOMMENDATION:

Adopt Resolution No. 2022-_, a Resolution of the City Council of the City of Livingston ("City Council") reciting the fact of the General Municipal Election held on November 8, 2022, and declaring the results and such other matters as provided by law.

BACKGROUND:

On May 17, 2022, the City of Livingston ("Qjty") adopted two resolutions, which called for and requested holding a consolidated General Municipal Election ("Election") in the City of Livingston on November 8, 2022. The Election was held in time, form, and manner as provided by law and in accordance with the provisions of the California Elections Code ("Elections Code") for conducting municipal elections in general law cities. The Election was held on November 8, 2022, for the election of the Mayor of the City of Livingston ("Mayor") and two Members of the City Council ("Council Members"). Elections Code sections I 0261, I 0262, I 0263, and I 0264 require the governing body of a city to declare the results of each election under its jurisdiction. As the governing body of the City, the City Council must declare the results of the Election.

DISCUSSION:

On November 22, 2022, the Merced County Registrar of Voters certified the results of the Election. The Official Statement of the Vote and the Certificate of Canvas are attached hereto as Exhibit "A". Section I 0262 of the Elections Code requires that upon certification of the results of an election by the Merced County Registrar of Voters, the City Elections Official shall certify the results of that election to the City Council. Once election results are certified by the City Elections Official, Elections Code section I 0263 provides the City Council shall meet to declare the election results. The City Council is required to adopt a resolution in accordance with sections I 0263 and I 0264 of the Elections Code and declare elected the persons for whom the highest number of votes were cast for each office. The results of the Election are as follows:
(CW! 17817.1) 1

NAME OFFICE VOTES

OF PERSON VOTED FOR CAST
Jose A. Moran Mayor 1,660
Maria Soto Mayor 632
Write-In Mayor 22
Total votes cast Mayor ~

NAME OFFICE VOTES

OF PERSON VOTED FOR CAST
Gurpal S. Samra City Council 1,380
Jason Roth City Council 1,145
Alma Alvarez City Council 614
Ruben Prusso City Council 428
Linda E. Placencia City Council 265
Write-In City Council 14
Total votes cast City Council ~
Jose A. Moran has been elected as Mayor of the City of Livingston for a full, two-year term ending in December 2024.

Gurpal S. Samra has been elected to the office of Council Member for a full four-year term ending in December 2026, as the recipient of the highest number of votes cast for the office of Council Member.

Jason Roth has been elected to the office of Council Member for a full four-year term ending in December 2026, as the recipient of the second-highest number of votes cast for the office of Council Member.

After the City Council adopts the Resolution and declares the results of the General Municipal Election, the City Elections Official must immediately deliver a certificate of election to the newly elected Mayor and City Council Members. Pursuant to Elections Code section 10265, the Elections Official must also administer the oath prescribed in the California Constitution ("Oath"). Prior to entering office, the newly elected Mayor and City Council Members must take and subscribe to the Oath. Each elected person shall file the subscribed oath in the office of the City Clerk.

FINANCIAL IMPACT:

There is no fiscal impact associated with the recommendation. {CWll7817.I} 2
ALTERNATIVES:

There are no alternatives. Adoption of the Resolution is required by Elections Code section I 0263.

ENVIRONMENTAL IMPACT:

The Resolution does not constitute a "project" under CEQA and is therefore exempt from environmental review.

ATTACHMENTS:

1. Resolution

2. Certificate of Canvass

3. Official Statement of the Vote
(CWl17817.l} 3
RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA,

RECITING THE FACT OF THE GENERAL CONSOLIDATED MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 8, 2022, AND DECLARING THE RESULTS AND SUCH

OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, the City of Livingston ("City") by Resolution No. 71-39, requested that the Merced County Board of Supervisors allow the Merced County Registrar of Voters to conduct elections for the City of Livingston as permitted by the California Elections Code; and WHEREAS, on Tuesday, November 8, 2022, a General Municipal Election ("Election") was held and conducted in the City of Livingston, California, as required by law; and WHEREAS, notice of the General Municipal Election was given in time, form, and manner as provided by law; that candidates were nominated to fill the vacancy or vacancies as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects, the Election was held and conducted and the votes were cast, received, and canvassed, and the returns made and declared in the time, form, and manner required by the provisions of the laws of the State of California relating to general law cities; and
WHEREAS, on November 22, 2022, the Merced County Registrar of Voters canvassed the returns of the November 8, 2022 General Municipal Election and certified the results to the City Council of the City of Livingston ("City Council"), which are attached hereto as Exhibit "A" ("Certified Statement of the Vote"); and
WHEREAS, the City Elections Official has certified the Certified Statement of the Vote to the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, DECLARE, AND ORDER AS FOLLOWS:

SECTION 1: That the whole number of votes cast in the City was 6,160.

SECTION 2: That the number of votes cast at each precinct and the number of votes cast in the City to each of the for each candidate are attached as Exhibit "A".

SECTION 3: The names of the persons voted for, the office each person was voted for, and the number of votes cast for each person are as follows:

MAYOR (I Seat, Full-Term)
CITY COUNCIL (2 Seats, Full-Term)
NAME

OF PERSON
Jose A. Moran
Maria Soto
{CWll7812.J}
OFFICE

VOTED FOR
Mayor
Mayor
I
VOTES
CAST
632
Write-In
Total votes cast
NAME

OF PERSON
Gurpal S. Samra
Jason Roth
Alma Alvarez
Ruben Prusso
Linda E. Placencia
Write-In
Total votes cast
Mayor
Mayor
OFFICE

VOTED FOR
City Council
City Council
City Council
City Council
City Council
City Council
City Council
SECTION 4: The City Council does declare and determine that:
22 VOTES
CAST
1,380
1,145
614
428
265
14 ~
Jose A. Moran is elected to the office of Mayor of the City of Livingston for a full-term of two (2) years ending December 2024 ..

Gurpal S. Samra is elected to the office of Council Member for a full-term of four (4) years ending December 2026.

Jason Roth is elected to the office of Council Member for a full-term of four (4) years ending December 2026.

SECTION 5: The City Elections Official, or his or her designee, shall enter on the records of the City Council of the City of Livingston, a statement of the result of the Election, showing:(!) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) for what each office each person was voted for; (4) The number of votes cast at each precinct for each person; and (5) The total number of votes cast in the City for each person.

SECTION 6: The City Elections Official, or his or her designee, shall immediately prepare and present to each elected person a Certificate of Election, signed by the City Elections Official and authenticated by the Certified Statement of the Vote.

SECTION 7: That the Elections Official, or his or her designee, shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California, and shall have each elected person subscribe to it and file it in the office of the Elections Official. Each and all of the persons so elected shall then be inducted into their respective office to which they have been elected. {CW! 17812.1) 2
SECTION 8: That the Elections Official, or his or her designee, shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED by the City Council of the City of Livingston at a regular meeting held the 6th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Leticia Vasquez-Zurita,
City Clerk/ Elections Official
APPROVED:

Juan Aguilar Jr.

Mayor
Attachment: Exhibit A-Certified Statement of Vote for the November 8, 2022, City of Livingston Consolidated General Municipal Election
{CWll7812.1} 3

STATEMENT OF VOTE

GENERAL ELECTION
NOVEMBER 8, 2022
DARLENE E. INGERSOLL

REGISTRAR OF VOTERS
,.

CERTIFICATION OF

REGISTRAR OF VOTERS OF THE

RESULTS OF THE CANVASS
OF THE NOVEMBER 8, 2022, GENERAL ELECTION
STATE OF CALIFORNIA}
COUNTY OF MERCED ss.

I, Darlene E. Ingersoll, Registrar of Voters of County of Merced, do hereby certify that, in pursuance to the provisions of Elections Code Section 15300, et seq., I did canvass the results of the votes cast in the General Election held in said County on November 8, 2022, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast, to which this certificate is attached is full, true and correct.

I hereby set my hand and official seal this 22nd day of November, 2022 at the County of Merced.

County of Merced
State of California
HELP AMERICA VOTE ACT OF 2002

CERTIFICATION OF ELECTIONS OFFICIAL
STATE OF CALIFORNIA }
COUNTY OF MERCED ss.

Pursuant to the statewide voter registration list requirements set forth in the Help America Vote Act of 2002 (HAVA) 52 U.S.C § 21083),
I, Darlene E. Ingersoll, Registrar of Voters for the County of Merced, State of California, hereby certify that I complied with all provisions of Chapter 2 of Division 7 of Title 2 of the California Code of Regulations for the Federal election held on the sth day of November 2022, in the County of Merced, State of California, and all elections consolidated therewith.

I hereby set my hand and official seal this 22nd day of November, 2022 at the County of Merced.

County of Merced
State of California
Merced· Co1111ty
General Election
November 8, 2022
City of Gustine Mayor
Vote For 1

DENNIS JOHN BRAZIL

PA TRICK NAGY
Write-In Totals
Not Assigned
Total Votes Cast
Overvotes
Undervotes
Contest Totals -•-v• ~ ~ ~
Precincts Reporting
City of Gustine Councilmember
Vote For 2
TOTAL
472
805
27 27
1,304
0 67
. 1,371
4 of 4
TOTAL
DEREK ALEXANDER 529
SHE~B_I MARSIGLI 635
RICH FORD 739
Write-In Totals 43
Write-In: Invalid Write-In 15
Write-In: Letitia Peck 5
Write-In: Oscar Garcia Arrazabal 22 -~ -·· -- Not Assigned Total Votes Cast
Overvotes
Undervotes
Contest Totals '. - ., - Precincts Reporting
City of Livingston Mayor
Vote For 1

MARIA SOTO
JOSE A. MORAN
Write-In Totals
Not Assigned
Total Votes Cast
Overvotes
1,945
0 797
2,742
4 of 4
TOTAL
632
1,660
22 22
2,314
Undervotes 112
Contest Totals 2,427
Precincts Reporting 7 of 7
Summary Results Report
Official Certified Results
Final Election Update
Election Summary - 11/22/2022 3:00 PM 14 of 21
Report generated with Electionware Copyright © 2007-2019 Merced·County
General Election
November 8, 2022
City of Livingston Councilmember
Vote For 2
ALMA ALVAREZ . . - JASON ROTH

RUBEN PRUSSO
LINDA E. PLACENCIA
GURPAL S. SAMRA
Write-In Totals
Not ~ssig~_ed
Total Votes Cast
Overvotes
Undervotes
Contest Totals
Precin~ts Reporti~g
City of Los Banos Mayor
Vote For 1

PAUL LLANEZ
Write-In Totals
Write-In: Invalid Write-In - .. Write-In: Jim Davis -- .. - No_t Assigned
Total Votes Cast
Overvotes
Undervotes
Contest Totals
~~cincts ~~porti_ng
TOTAL
614
1,145
428
265
1,380
14 14
3,846
22 986
4,854
7 of 7
TOTAL
5,934
742
73 27
642
6,676
0 1,33~
8,012
28 of 28
City of Los Banos Councilmember, District 2
Vote For 1
TOTAL
DO!,!GLAS SCQTT BEG9NIA JR 1,056
REFUGIO LLAMAS 712
Write~ln Tota).~ 22
Not Assigned 22
Total Votes Cast 1,790
Overvotes 1 -- .

Undervotes 189
Contest Totals 1,980
Precincts Reporting 11 of 11
Election Summary · 11/22/2022 3:00 PM
Report generated with Electionware Copyright © 2007-2019 Summary Results Report
Official Certified Results
Final Election Update
15 of 21

STAFF REPORT
AGENDA ITEM: CONSIDER AND DISCUSS THE CITY OF LIVINGSTON

CITY COUNCIL'S OPTIONS FOR FILLING THE CITY

COUNCIL SEAT VACATED BY COUNCIL MEMBER JOSE
A. MORAN, AND TAKE ACTION RELATED TO FILLING

THE VACANCY
MEETING DATE: December 6, 2022
PREPARED BY: Douglas L. White, Deputy City Attorney
REVIEWED BY: Jennifer Riedeman, Acting City Manager
RECOMMENDED COUNCIL ACTION:

Consider and discuss the City of Livingston City Council's options for filling the City Council seat vacated by Council Member Jose A. Moran, and take action relating to filling the vacancy.

BACKGROUND:

In 2000, the City of Livingston's ("City") electorate voted in favor of creating the office of an elective Mayor of the City of Livingston ("Mayor"). Since then, the Mayor has been directly elected, rather than being selected by the Livingston City Council ("City Council").

After being elected to serve a four (4) year term as City Council Member ("Council Member") in November 2020, Jose A. Moran was elected to the office of Mayor at the November 8, 2022, general election ("Election"). At the time of the Election, Jose Moran had two (2) years remaining of his existing term as a Council Member. When Jose Moran takes office as Mayor upon certification of the Election results, there will be a vacancy on the City Council. The City Council must fill the vacancy either by appointment or by calling a special election by February 4, 2023, provided the election results are certified at the December 6, 2022, City Council meeting.

LEGAL FRAMEWORK:

Pursuant to Government Code section 36512, within sixty (60) days of the commencement of a vacancy on a city council, the city council must "either fill the vacancy by appointment or call a special election to fill the vacancy."1 If the City Council chooses to fill the vacancy by appointment, and if the vacancy occurs in the second half of a term of office, as would be the case here, "the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent."2
Councilmember Moran will become Mayor and vacate his seat on the City Council during the second half of his term. Consequently, any individual who is appointed to fill the vacancy would serve until the City's next general municipal election on November 5, 2024. 1 Gov. Code, § 36512, subd. (b). 2 !d. at§ 36512, subd. (b)(2)(B). {CWI 17662.4)

STAFF REPORT
If the City Council chooses to call a special election to fill the vacancy, it must do so within sixty (60) days of the vacancy. Additionally, "the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election."3 In other words, the special election must be held: (1) on a regularly established election date pursuant to Elections Code section 1000, and (2) at least 114 days must elapse between the date the election is called and when it is held.

The next regularly established election date that allows at least 114 days' notice between calling and holding the election is Tuesday November 7, 2023.4 March 7, 2023, is the next established election date, but this date is not an option because it would not be possible to provide the requisite notice.

DISCUSSION:

Consistent with Government Code section 36512, the City Council has sixty (60) days from the commencement of the vacancy, which is likely to occur on December 6, 2022, when the Election results are certified, to do one of the following:

1. Appoint someone to fill the vacancy; or

2. Call a special election to be held on the date of the next regularly established election.

A. City Council Appointment
The City Council has discretion to determine the process by which to fill a vacant City Council seat by appointment. Some options may include the following:

1. City Council direct appointment;

2. Accepting nominations and appointing someone from that process; or

3. Initiating an open call for applications to all eligible persons within the City.

There are no statutory requirements that define a specific process for how the City Council may decide to appoint an individual to fill the vacancy. The City Council has discretion to determine how it would like to proceed with the appointment process, should it elect to follow that path to fill the vacancy. For example, the City Council is not obligated to appoint someone who ran in the last election and got the 2nd highest votes. The City Council also has the discretion to determine how the City accepts applications and whether a specific number of applications must be received.

The City Council may directly appoint an individual to the vacancy without accepting applications.

However, it is common in such situations for a city council to notice the vacancy and solicit applications from interested parties. The city council then reviews the applications and selects an individual to fill the vacancy by majority vote. If the City Council elects to interview applicants, it must be done at a public meeting, although the meeting can be held at any time, subject to any applicable requirements under the Ralph M. Brown Act. Filling the City Council vacancy is not a 3 Gov. Code,§ 36512, subd. (a)(I). 4 Elections Code, § 1000, subd. (e) ["The First Tuesday after the first Monday in November of each year."] {CW! 17662.4)

STAFF REPORT
permitted closed session discussion or decision. The City Council must appoint a person who is at least 18 years old, a registered voter, and a resident of the City.

Proposed Timeline for Appointment
In the event of a call for applications, the candidate must be appointed by February 4, 2023. In order to adhere to the timeline established in Government Code section 36512(b) for filling City Council vacancies, a proposed timeline and process for the appointment is outlined below:

Dec. 7 - Dec. 21 (5PM): Solicit applications from interested persons. (City Council to discuss and provide direction on how long
the application period should be open. One or two
weeks.)
(City Council to discuss and provide direction on when to interview the applicants -- Regular Meeting or Special Meeting.)
Jan 3.:

Week of Jan. 9 -13:

OR
Jan. 17:

Regular City Council meeting to conduct interviews,
review and discuss applicants, and select preferred
candidate. If person is selected at the January 3,
2023, City Council meeting, a Special meeting could
be held the following week to seat the newly elected
Council Member.

Special City Council meeting to seat the newly
appointed Council Member.

Regular City Council meeting to seat the newly
appointed Council Member.

The proposed application form is attached to this agenda item. The application will be made available on the City's website beginning on December 7, 2022, or the date the application period begins, as instructed by the City Council. Completed applications must be submitted to the City Clerk's Office no later than 5:00 PM on the deadline selected by the City Council.

Recommendation
The effect of the vacancy on the City Council is that the City's legislative body will be reduced from a five-person body to a four-person body. Having a four-person legislative body is generally not recommended, due to the lack of a tie-breaking vote. It is therefore recommended that the City Council consider filling the vacancy by appointment.

B. Special Election
If the City Council chooses to call a special election to fill the vacancy, cost estimates provided by the County of Merced are estimated to be $12.18 per registered voter. As the City has 6,174 registered voters, the cost of a special election would cost approximately $72,676.99. {CWI 17662.4}

STAFF REPORT
The soonest date a special election can be held is Tuesday, November 7, 2023.

Beyond calling the election within 60 days of the vacancy, which must be done by February 4, 2023, when to set the date for the special election is not an issue. As 114 days before November 7 is July 16, 2023, there would clearly be sufficient time between calling and holding the election.

Recommendation
Staff recommends the City Council discuss, deliberate, and provide direction on the appointment process and timeline.

FINANCIAL IMPACTS:

Should the City Council elect to hold a special election, the estimated costs to the City would be $72,676.99 based on the information received from the Merced County Registrar on November 29, 2022.

STEPS FOLLOWING APPROVAL:

If the City Council decides to hold a special election, staff will return to the City Council with a Resolution calling for a special election. Alternatively, if the City Council elects to fill the vacancy by appointment with an application process, the City Clerk will post the application on the City's website and will also issue a press release.

ATTACHMENTS:

A. Proposed Citizen Application for Appointment to City Council {CW 117662.4}
Please Return To:

Monica Cisneros, Deputy City Clerk
1416 C Street
Livingston CA 95334
(209) 394-5544
[email protected]
FILING DEADLINE: Wednesday, December 21 1 2022 at 5:00 PM.

CITIZEN APPLICATION FOR APPOINTMENT TO CITY COUNCIL
NAME: --------------------------- HOME ADDRESS: _______________ ____ _ CONTACT INFORMATION:

Home Phone: Work: Cell: ------- -------- --------
Email: ----------------------------
Method of Contact Preferred: - - - -----------------

LENGTH OF RESIDENCE
at above address: ----
OCCUPATION:
in Livingston __ _ in County: __ _
Occupation: _________ _ Employer: _________ _
Employer Address: ______________________ _
Street City Zip
EMPLOYMENT HIGHLIGHTS:
(Attach additional pages as necessary.)
{CW117695.2}
EDUCATION (highest school year, degrees, etc.)

LIST PAST OR PRESENT MEMBERSHIP ON THE LIVINGSTON CITY COUNCIL,

ANY COUNCIL APPOINTED COMMITTEE OR COMMISSION, AND/OR ANY OTHER PUBLIC AGENCY, INCLUDING THE TIME PERIODS OF MEMBERSHIP.

PAST AND PRESENT COMMUNITY SERVICE:

WHAT DO YOU FEEL ARE YOUR MOST IMPORTANT QUALIFICATIONS FOR APPOINTMENT TO THE CITY COUNCIL?
(Attach additional pages as necessary.)
{CW117695.2)
WHAT DO YOU HOPE TO ACCOMPLISH WHILE A PART OF THE CITY COUNCIL?

WHAT PROBLEMS, ISSUES, OR CONCERNS DO YOU SEE FACING THE CITY OF LIVINGSTON AND HOW WOULD YOU PROPOSE THEY BE ADDRESSED? Please list three (3) references with telephone numbers:

1. 2.

3. PLEASE NOTE THAT THIS APPLICATION BECOMES PUBLIC INFORMATION I hereby certify that the information contained in this application and any accompanying documents is true and correct to the best of my knowledge.

Signature of Applicant Date
You are invited to attach additional pages, enclose a copy of your resume or submit supplemental information which you feel may assist the City Council in its evaluation of your application.
(Attach additional pages as necessary.)
{CW117695.2}
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Discussion and possible action on whether to continue remote participation at City of Livingston public meetings by members of the City Council, as well as its commissions and subcommittees.

December 6, 2022
Douglas L. White, Deputy City Attorney
Monica Cisneros, Deputy City Clerk
Jennifer Reideman, Acting City Manager
RECOMMENDATION:

Discuss continuing to allow remote participation at public meetings pursuant to AB 361 and pursuant to AB 2449. By minute action, approve or disapprove continued remote participation at City of Livingston public meetings by members of the City Council, as well as its commissions and subcommittees.

BACKGROUND:

On September 16, 2021 , Governor Newsom signed Assembly Bill ("AB") 361 , which allows cities to continue to meet remotely during proclaimed states of emergency under modified Ralph M. Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Orders temporarily suspending provisions of the Brown Act.

On October 5, 2021, the City of Livingston City Council ("City Council") adopted Resolution No. 2021-71 authorizing the City of Livingston ("City") to implement remote public meetings pursuant to AB 361, allowing the City to conduct meetings through a hybrid virtual meeting environment.

AB 361 , until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a local legislative body holds a meeting during a declared state of emergency by the governor and when state or local health officials have imposed or recommended measures to promote social distancing. The Governor has announced that he intends to declare an end to the current state of emergency for the State of California in February 2023.

On September 13, 2022, Governor Newsom signed Assembly Bill 2449 ("AB 2449) into law, which goes into effect January 1, 2023 and amends requirements of the Brown Act relating to remote participation of legislative body members in public meetings. Under AB 2449, legislative bodies may allow their members to remotely attend public meetings without complying with the Ralph M. Brown Act teleconferencing requirements when (1) at least a quorum is physically present at the meeting, held within the jurisdiction of the agency, (2) the public is provided access to attend the meeting remotely, (3) the member of the legislative body who is unable to attend in person shows just cause or emergency circumstances, and (4) the member's remote {CWI 17894. 1)
attendance must be by both audio and visual technology, such as Zoom. AB 2449 will sunset on January 1, 2026, unless extended by the legislature prior to that date.

DISCUSSION:

The City Council, as well as its commissions and subcommittees, have been conducting public meetings in-person for the majority of 2022, allowing participation either in-person or via Zoom.

Beginning January 1, 2023, should any member of the City Council, or its commissions and subcommittees, need to remotely attend a public meeting pursuant to AB 2449, the City will be required to allow the public to attend remotely as well. Remote public participation under AB 2449 must be provided via a two-way audiovisual platform, such as Zoom, or both a two-way telephonic service and live webcasting of the meeting. Should any disruption to the remote public attendance medium occur the legislative body will be prohibited from taking action on items appearing on the meeting agenda until remote public access to the meeting is restored.

Any legislative body member who needs to remotely attend a public meeting pursuant to AB 2449 must notify the legislative body at the earliest opportunity, up to and including the start of a regular meeting, of their need to participate remotely, including a general description of the circumstances necessitating remote attendance. The general description does not require the member to disclose any medical diagnosis or disability, or any personal medical information.

Each member of a legislative body may only remotely attend a meeting for just cause twice in one calendar year. There is no restriction on the number of times remote attendance may be utilized pursuant to emergency circumstances; however, AB 2449 specifically disallows participation by remote means for a period of more than three consecutive months or 20% of the regular meetings for the local agency within a calendar year.

When remote attendance is requested pursuant to emergency circumstances, the legislative body must take action to approve the request at the earliest opportunity. If the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made, the legislative body may take such action at the beginning of the meeting. Additionally, the remotely attending member must publicly disclose at the meeting, before any action is taken, whether any other individuals who are 18 years of age or older are present in the room at the remote location and the general nature of the member's relationship to such individuals.

Staff requests the City Council provide direction regarding whether to continue to allow remote participation in public meetings pursuant to AB 361 and provide direction on whether to allow remote participation in public meetings pursuant to AB 2449.

FISCAL IMPACT:

None.

ATTACHMENTS:

None.
2665722.1 {CWII7894.l} 2

Livingston City CouncilDecember 6, 2022

Livingston City Council
December 6, 2022