1 CITY COUNCIL SPECIAL AND REGULAR MEETING
AGENDA
AUGUST 6, 2024
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.
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 REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Special and Regular Meeting on August 6, 2024, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter. You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email.
Written comments will not be read aloud at the meeting, but will be reported as received for the record.
If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).
2 SPECIAL MEETING
1. Call to Order
2. Roll Call
3. Pledge of Allegiance.
4. Moment of Silence – First Responders and Military Members.
5. Citizen Comments
CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.
6. Conference with Legal Counsel – Existing Litigation
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code Name of Case: Jose Ramirez v. City of Livingston, et al., Superior Court of the State of California, County of Merced, Case No. 22CV-0082
7. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Christopher Lopez, Interim City Manager Employee Organizations:
OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees Association.
OE3 - Management/Confidential Bargaining Unit
OE3 - Livingston Police Officer Association
AFSCME- Public Works and Park Unit
REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2024-48
Next Ordinance No.: 656
Pledge of Allegiance.
Moment of Silence – First Responders and Military Members.
Roll Call.
3 Closed Session Announcement.
Changes to the Agenda.
CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT 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.
ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.
City Staff Announcements and Reports.
• John Ramirez, Interim Chief of Police – Fireworks Report.
City Manager Announcements and Reports.
City Council Members’ Announcements and Reports.
Mayor’s Announcements and Reports.
Robert Wallis
• City Council Alternate Liaison - Livingston Planning Commission – Robert Wallis • Merced Integrated Regional Water Management Plan (MIRWMA) – Robert Wallis, Representative and Jason Roth, Alternate Representative.
Jason Roth
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Jason Roth, Representative and Gurpal Samra, Alternative.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Robert Wallis, Representative and Jason Roth, Alternate Representative. • Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Jason Roth.
Maria Soto
• Merced County Local Agency Formation Commission (LAFCO) – Maria Soto, Representative. • Central Valley Division League of California Cities – Maria Soto, Representative and Vacant, Alternate.
Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
4 • Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Jason Roth, Representative and Gurpal Samra, Alternative.
• Merced County Association of Governments (MCAG) Governing Board – Jose Moran, Representative and Gurpal Samra, Alternate.
• Utility Stakeholders Committee – Jose Moran and Gurpal Samra.
Jose Moran
• Merced County Association of Governments (MCAG) Governing Board – Jose Moran, Representative and Gurpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Jason Roth.
• Utility Stakeholders Committee – Jose Moran and Gurpal Samra.
RECEIVE AND FILE
1. Gilton’s Residential Rate Breakdown.
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 a member of the public, the City Manager or City Council Member. There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes per-person regardless of the number of items contained within the consent agenda.
2. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated July 19, 2024.
3. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on December 8, 2022.
4. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on December 20, 2022.
5. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 28, 2023.
6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 21, 2023 (Special Meeting).
7. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 21, 2023 (Regular Meeting).
8. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 4, 2023.
9. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 18, 2023.
5 10. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 2, 2023.
11. City Treasurer’s Investment Report for the Month Ending June 30, 2024.
12. Consideration of a Resolution 1) Authorizing the Interim City Manager to File a Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim Form For Fiscal Year 2023/2024 and 2) Authorizing the Finance Department to Make Appropriation Budget Adjustments. Staff Recommendation: Approve Resolution.
13. Consideration of a Resolution 1) Approving City Staff to Choose and Execute Compliance Pathway B to Comply with the Nitrate Control Program; and 2) Approve a Supplemental Appropriation for the Sewer Enterprise Fund in the Amount of $15,658.16; and 3) Authorize the Interim City Manager to Execute all Required Documents. Staff Recommendation: Approve Resolution.
14. Consideration of a Resolution Authorizing An Additional Expense for Ricky Ricardo Productions to Cover Insurance Expenses for the 4th of July Event. Staff Recommendation: Approve Resolution.
PUBLIC HEARINGS
15. Consideration of an Ordinance of the City Council of the City of Livingston Repealing and Replacing Chapter 2-4, of Title 3 of the Livingston Municipal Code Pertaining to Itinerant Vendor. Staff Recommendation: Waive the First Reading of the Ordinance by Title Only, Open the Public Hearing, Close the Public Hearing and Approve the Ordinance as Presented.
DISCUSSION AND POTENTIAL ACTION ITEMS
16. Discussion on Water Quality Related to Arsenic.
17. Discussion and Direction Regarding Recognition of Lupe and Aurora Garcia.
18. Discussion on 4th of July Event Report.
19. Discussion and Direction Regarding a Fee Waiver for Memorial Park Use for the Livingston High School All Class Reunion to be Held on September 28, 2024.
20. Discussion and Direction Regarding Notices of the Proposed Increased Solid Waste Fees and Rates for a Majority Protest Process in Accordance with Proposition 218.
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
ADJOURNMENT
CITY OF LIVINGSTON
Livingston Police Department
Fireworks Report
August 06, 2024
2024 Fourth of July: Fireworks Report
June 6th - July 6th q July_ 4th
2023 2024
Reported Fireworks 62 98 Reported Fireworks - ------- -- -- - ~ ort~d Fire_s_ 19 __ 13 ReRorted Fires Citations Issued 2 6 Citations Issued - - h - - - -- - - Firework Related Injuries 0 1 I Firework Related Injuries - Citation issues in 2023 were cited using Californian Health and Safety Code Citation issued in 2024 were cited using Livingston Municipal Code Approximately 9 lbs of Fireworks Confiscated on July 4, 2024 2023 2024
20 39
3 5
1 4
0 0
2024 Fireworks Report
Awareness and Enforcement
• Public Education/Awareness
• Facebook Posts - LPD Page
• Yard Signs
• Officer Education
• Administrative Citations
• LMC Code Violations/California H&S Violations
• Surveillance "Hot Areas"
• LMC 7-4-16(C) Fine Increase - $1000 ("Host" Violation) • Allied Agency Partnership/Enforcement
• Merced County Crime Analyst
• Attempted Under Cover Buy (Facebook Marketplace,PS4 Controller) • Fireworks Seizure-Multi Agency Task Force
• Increased Patrol-July 4th
• All Extra Officers Dedicated to Fireworks Calls/Prevention
2024 Fireworks Report
2024 Fireworks Report
Questions or Comments
Interim Chief John Ramirez
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Residential Refuse Fee Informational Item
August 6, 2024
Anthony Chavarria, Director of Public Works
Christopher Lopez, Interim City Manager
RECOMMENDATION:
Receive council requested informational item of Gilton's residential rate breakdown.
BACKGROUND/ DISCUSSION:
At the May 21, 2024, city council meeting, council directed staff to bring back information on the new Gilton residential refuse rate for their review. The information requested from Gilton Solid Waste Inc. was to provide a better understanding of what was inclusive of the new residential rate.
The council also requested the following:
Question 1: What is Gilton's breakdown of costs?
Response: Gilton provided a breakdown of the new residential rate outlining their expenses by major category per residential per week and per month, which includes the cost of the 15% franchise fee.
GILTON SOLID WA.STE MANAGEMENT. INC.
CtTY OF LIVINGSTON
l;XPENSES BY Mt.JOR CATEGORY
RESIDENTIAL
Disposal Expenses 641,306
Wages and related Payroll Expenses 299,642
Collection Equipment • 277,222
General and Administrative 46,632
Franchise Fee "* 245,520
Performance Bond 6,138
Hauler Margin 126,480
Total Required Revenue $ 1,6421941
•includes Fuel, Maintenance, Insurance, Depreciation
--•Based on 15% of Gross Revenue
***Additional cans available at a monthly rate of $10.00 per can
RESIDENT PER
~
3.18 1.48
1.37 0.23
1.22 0.03
0.63 $ 8.13
RESIDE~T
PER MONTH COMMERCIAL
13.76 223,057
6.43 146,366
5.95 145,665
1.00 25,113
5.27 104,862
0.13 2,622
2.71 54,020
$ 35.25 $ 701,705
Question 2: What would the new rate be if the 15% franchise fee was not included? Response: Ct..rrently the approved residential rate is a bundled service rate which includes one (1) 96-gallon solid waste/recycle can and one (1) 96-gallon organics can for a monthly rate of $35.25. Without the franchise fee of 15% included the monthly residential rate would be approximately $29.98.
Question 3: What was the impact that the American Rescue Plan Act (ARPA) had on the solid waste rates during the last rate study?
Response: The use of ARPA funds toward solid waste rates was deemed ineligible, so the council approved the ARPA funds to be applied to the water and wastewater rates. The tables included identifies the proposed water rates without the ARPA funds applied and the impact to the water rates when the ARPA funds were applied.
Proposed Ave-Year Water Rate Schedule VVithout JR>AFundingfrorn 2021 Rate Study BlseChalg;! ..l.1I-20 Nov-21 ..l.1I-22 .lJl-23 ..l.1I-24 ..l.1I-25 1" and Snaller $ 25.13 $ 28.64 $ 29.79 $ 30.98 $ 32.22 $ 33.52
1.5" $ 50.27 $ 57.29 $ 59.58 $ 61.96 $ 64.45 $ 67.04
2" $ 80.43 $ 91.66 $ 95.32 $ 99.14 $ 103.11 $ 107.26
3" $ 175.94 $ 200.51 $ 208.52 $ 216.86 $ 225.56 $ 234.63 4" $ 301.61 $ 343.73 $ 357.46 $ 371.76 $ 386.68 $ 402.23 6" $ 628.35 $ 716.10 $ 744.70 $ 774.51 $ 805.58 $ 837.98 8" $ 1,206.43 $ 1,374.92 $ 1,429.82 $ 1,487.05 $ 1,546.72 $ 1,608.91 10" $ 1,910.18 $ 2,176.95 $ 2,263.88 $ 2,354.50 $ 2,448.97 $ 2,547.45 Consumption Olarge per 1,000 g::il Ions of water in excess of allowance each month .AJI Customers $ 1.57 $ 1.64 $ 1.72 $ 1.80 $ 1.89 $ 1.98 Construction Water $ 1.17 $ 1.88 $ 1.97 $ 2.06 $ 2.15 $ 2.25
Current Water Rates With ARPAFundingPdopted in 2021
BlseCharge .lll-20 Nov-21 .lll-22 .lll-23 .lll-24 .lll-25 1" and Snaller $ 25.13 $ 27.83 $ 28.11 $ 28.40 $ 28.70 $ 29.00
1.5" $ 50.27 $ 55.65 $ 56.22 $ 56.80 $ 57.39 $ 57.99
2" $ 80.43 $ 89.04 $ 89.95 $ 00.88 $ 91.83 $ 92.79
3" $ 175.94 $ 194.78 $ 196.77 $ 198.80 $ 200.87 $ 202.98 4'' $ 301.61 $ 333.91 $ 337.32 $ 340.80 $ 344.35 $ 347.96 6' $ 628.35 $ 695.64 $ 702.75 $ 710.00 $ 717.39 $ 724.91 8" $1,200.43 $1,335.63 $1,349.28 $1,363.20 $1,377.38 $1,391.83 10' $1,910.18 $2,114.75 $2,136.37 $2,158.40 $2,180.85 $2,203.74 Consumption Olargeper 1,000gallons of water in excess of allowance each month ,AJ I OJstomers $ 1.57 $ 1.59 $ 1.62 $ 1.65 $ 1.68 $ 1.72 Construction V\ater $ 1.17 $ 1.82 $ 1.85 $ 1.88 $ 1.91 $ 1.94 The Water Rate Variance table included illustrates the difference between the projected rate and the rate after applying the ARPA funding.
Water Rate Variance
BaseCharw JJl-20 Nov-21 JJl-22 JJl-23 JJl-24 JJl-25
1" and Snaller $ - $ 0.81 $ 1.68 $ 2.58 $ 3.52 $ 4.52
1.5" $ - $ 1.64 $ 3.36 $ 5.16 $ 7.06 $ 9.05
2" $ - $ 2.62 $ 5.37 $ 8.26 $ 11.28 $ 14.47
3" $ - $ 5.73 $ 11.75 $ 18.06 $ 24.69 $ 31.65
4" $ - $ 9.82 $ 20.14 $ 30.96 $ 42.33 $ 54.27
6" $ - $ 20.46 $ 41.95 $ 64.51 $ 88.19 $ 113.07
8" $ - $ 39.29 $ 80.54 $ 123.85 $ 169.34 $ 217.08
10" $ - $ 62.20 $ 127.51 $ 196.10 $ 268.12 $ 343.71
Consumption Charge per 1,000 gallons of water in excess of allowance each month Al I Customers $ - $ 0.05 $ 0.10 $ 0.15 $ 0.21 $ 0.26
Construction \/\kiter $ - $ 0.06 $ 0.12 $ 0.18 $ 0.24 $ 0.31
Question 4: What are the new commercial rates from Gilton? Response: The table included illustrates the commercial rates ranging from: one (1 ), two (2), three (3), four (4) and six (6) cubic yard bins with a collection frequency of one (1 ), two (2), three (3), four (4), five (5) and six (6) times per week.
Gilton SOiid Waste Management, Inc, Monthly
Commercial Rates
BnSize Collection Frequency Monthly Rate
1 Cubic Yard 1 $67.35
1 Cubic Yard 2 $134.65
1 Cubic Yard 3 $201.93
1 CubicYard 4 $269.21
1 Cubic Yard 5 $336.49
1 CubicYard 6 $403.85
2CubicYard 1 $134.26
2CubicYard 2 $266.11
2CubicYard 3 $401.23
2CubicYard 4 $535.41
2CubicYard 5 $669.59
2CubicYard 6 $803.85
3CubicYard 1 $198.90
3CubicYard 2 $376.21
3CubicYard 3 $566.86
3CubicYard 4 $764.64
3CubicYard 5 $961.43
3CubicYard 6 $1,160.33
4CubicYard 1 $254.58
4CubicYard 2 $496.10
4CubicYard 3 $775.89
4CubicYard 4 $1,025.84
4CubicYard 5 $1,276.65
4CubicYard 6 $1,452.41
6CubicYard 1 $357.95
6CubicYard 2 $697.76
6CubicYard 3 $1,067.07
6CubicYard 4 $1,419.66
6CubicYard 5 $1,776.83
6CubicYard 6 $2,134.78
FISCAL IMPACT:
Informational item only
ATTACHMENTS:
Exhibit "A "Gilton Solid Waste Inc. Residential Rate Breakdown
GIL TON SOLID WASTE MANAGEMENT, INC.
CITY OF LIVINGSTON
EXPENSES BY MAJOR CATEGORY
RESIDENT PER
RESIDENTIAL
Disposal Expenses 641,306
Wages and related Payroll Expenses 299,642
Collection Equipment" 277,222
General and Administrative 46,632
Franchise Fee ** 245,520
Performance Bond 6,138
Hauler Margin 126 480
Total Required Revenue $ 1,642,941
"Includes Fuel, Maintenance, Insurance, Depreciation
**Based on 15% of Gross Revenue
,....,.Additional cans available at a monthly rate of $10.00 per can WEEK
3.18 1.48
1.37 0.23
1.22 0.03
0.63 $ 8.13
Exhibit A
RESIDENT
PER MONTH COMMERCIAL
13.76 223,057
6.43 146,366
5.95 145,665
1.00 25,113
5.27 104,862
0.13 2,622
2.71 54 020
$ 35.25 $ 701,705
AGENDA ITEM:
MEETING DATE:
STAFF REPORT
Warrant Register July 19, 2024
August 6, 2024
PREPARED BY:
REVIEWED BY:
Nancy Fuentes, Accounting Technician
Christopher Lopez, Interim City Manager
RECOMMENDATION:
Ratify the warrant register dated July 19, 2024
DISCUSSION:
Government Code sections 37208(b) and 37209 provide that accounts payable warrants or checks drawn in payment of demands certified or approved by the finance director as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.
In addition, Government Code section 37208(a) provides that payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. The sum total of any payroll checks issued within the week prior to the date of the check register s also noted on the accompanying check register.
The following checks have been certified to be in accordance with the City's approved budget.
The checks have been issued and the check register is presented to the City Council for ratification:
July 12, 2024- July 19, 2024
GENERAL WARRANTS ......................... $ 614,894.79 11548-11586 PAYROLL/WIRE WARRANTS ................. $ 269,919.61 3269-3291 TOTAL WARRANTS .............................. $ 884,814.40 ATTACHMENTS:
Warrant Register (detailed by date and check number)
1
Accounts Payable
Checks by Date - Summary by Check Date
User:
Printed:
Check No
11548
11549
I 1550
11551
nfuentes
7/26/202412: 11 P\1
Vendor No Vendor Name
1325 t\lliant Insurance Service, Inc.
909 •::anon Financial Services, Inc.
272 Charter Communications Holdings, LLC
UB*0208 1 VALERIA GARCIA ANDRADE
Check Date
07/12/2024
07/12/2024
07/ 12/2024
07/12/2024
City of Livingston
1416 C Street
Livingston, CA 95334
11552 UB*02082 ATTN: ERIK HOOVER GRAY WEST CU 07/12/2024 11553 267 :foffman Security 07/ 12/2024
11554 318 ::.,a Rue Communications 07/12/2024
11555 1255 Ashley Maciel 07/12/2024
11556 559 Merced County Environmental Health 07/ 12/2024 11557 415 Merced Irrigation District 07/ 12/2024
11558 389 Mid Valley IT 07/ 12/2024
11559 1047 .-ulio Ruiz 07/12/2024
11560 407 San Joaquin Valley Air Pollution Control D 07/ 12/2024 11561 314 '✓ ll ey Coffee & Water 07/12/2024
Total for 7/ 12/2024:
11562 422 U.S. Bank Corporate Payment Systems 07/19/2024 11563 1516 Ricardo Cardenas Ricky Ricardo Promotior 07/ 19/2024 11564 251 ABS Direct, Inc. 07/19/2024
11565 678 Allstar Fire Equipment, Inc. 07/19/2024
11566 253 AT&T 07/ 19/2024
11567 447 Conco West, Inc 07/19/2024
11568 283 CoreLogic Solutions, LLC 07/19/2024
11569 1308 CSG Consultants, Inc. 07/ 19/2024
11570 1089 DAHLIN GROUP 07/ 19/2024
11571 293 Department of Justice Accounting Office 07/19/2024 11572 359 Hinderliter, de Llamas & Associates 07/ 19/2024 11573 267 Hoffman Security 07/19/2024
11574 461 LEAF 07/19/2024
11575 483 Loprest Division of WRT 07/19/2024
11576 615 McClatchy Company LLC 07/ 19/2024
11577 1506 1<.enee Moreno 07/19/2024
11578 203 PG&E 07/ 19/2024
11579 307 Shred-It, C/0 Stericycle, Inc. 07/19/2024
11580 323 Springbrook Holding Company LLC 07/19/2024
11581 284 Trnns Union LLC 07/ 19/2024
11 582 1515 Antonio Valencia 07/ 19/2024
11583 3 14 \'alley Coffee & Water 07/19/2024
11584 504 VIP Audio Visual Company, Inc 07/19/2024
11 585 296 Visual Edge IT, Inc 07/19/2024
11 586 286 Xerox Financial Services 07/19/2024
Total for 7/19/2024:
AP Checks by Date - Summary by Check Date (7/26/2024 I 2: I I PM) Check Amount
2,694.00
331 .89
221.39
265.24
719.86
193.95
1,941.00
8,812.50
1,064.00
500.00
224.27
8,500.00
577.00
8.00 26,053.10
18,265.66
12,500.00
1,507. 18
612.37
236.89
534,082.87
400.00
135.00
4,820.00
241.00
1,370.02
5.39 74 1.59
408.34
577.02
4,670.50
140.62
331.69
1,297.00
222.72
4,887.50
8.00 1,000.00
217.37
162.96
588,84 I .69
Page I
Check No Vendor No Vendor Name Check Date Check Amount
Report Total (39 checks): 614,894.79
AP Checks by Date - Summary by Check Date (7/26/2024 12: 11 PM) Page 2
MEETING MINUTES
SPECIAL MEETING
LIVINGSTON CITY COUNCIL
DECEMBER 8, 2022
A Special Meeting of the Livingston City Council was held on December 8, 2022, in the Council of Chambers with Mayor ~oran presiding.
CALL TO ORDER
Mayor Moran called the meeting to order at 6:00 p.m.
ROLL CALL
~ Mayor Jose A. Moran
~ Mayor Pro Temp Gurpal Samra
~ Council Member Maria Baptista-Soto
~ Council Member Jason Roth
D Council Member Vacant
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.
MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.
CHANGES TO THE AGENDA
None.
CITIZEN COMMENTS
Mayor Moran opened Cjtizen Comments at 6:02 p.m.
Citizen Comments via Teleconference
Mr. Mitchel (did not state last name)
Sister Kate (did not state last name)
Attendee ( did not state name)
Deputy City Attorney Christina Pritchard responded to citizen comments.
Mayor Moran closed Citizen Comments at 6:09 p.m. as there were no further comments from the public.
CLOSED SESSION
I. PUBLIC EMP~OYEE DISCIPLINE/DISMISSAL/RELEASE
Pursuant to Government Code Section 54957
2. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code section 54957.6)
Agency designated representative: Jennifer Riedeman, Director of Finance Employee Organizations:
OE3 - Police Supervisory Employees Association
Mayor Moran opened and closed public comments at 6: IO p.m. as there were no comments from the public.
Council went to closed session at 6: IO p.m.
Council reconvened the meeting at 7:04 p.m.
CLOSED SESSION ANNOUNCEMENTS
Direction was given to staff.
DISCUSSION AND POTENTIAL ACTION ITEMS
I. Discuss and po:entially authorize City staff to publish a Request for Qualification for the position of Interim City Manager.
Deputy City Attorney Christina Pritchard introduced this item and responded to Council questions.
Mayor Moran opened and closed Citizen Comments at 7:06 p.m. as there were no further comments from the public.
Motion: MIS Samra/Soto to authorize City staff to publish a Request for Qualification for the position oflnterim City Manager. The motion carried 4-0-0 by the following roll call vote:
AYES:
NOES:
ABSENT:
ADJOURNMENT
Council Members:
Council Members:
Council Members:
Roth, Soto, Samra, and Moran.
None
None
The special meeting was adjourned by consensus at 7:08 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 efthe 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.
Page3 of3
MEETING MINUTES
REGULAR MEETING
LIVINGSTON CITY COUNCIL
DECEMBER 20, 2022
A Regular Meeting of the Livingston City Council was held on December 20, 2022, in the City Council Chambers with Mayor \'loran presiding.
REGULAR MEETING
Mayor Moran called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.
ROLL CALL
[:8J Mayor Jose Moran
[:8J Mayor Pro-Tern Gurpal Samra
[:8J Council Member Maria Baptista-Soto
[:8J Council Member Jason Roth
D Council Member Vacant
CHANGES TO THE AGENDA
None.
CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 7:03 p.m. as there were no comments from the public.
ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.
None.
City Staff Announcemen(s and Reports.
• Chief of Police Hale
City Manager Announcements and Reports.
None.
City Council Members' Announcements and Reports.
• Council Member Roth
• Mayor Pro-Tern Samra
Mayor's Announcements and Reports.
• Mayor Moran
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
2. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated December 15, 2022
3. Resolution Approving the Contract Between the City of Livingston and HDL Coren & Cone to Continue Providing Property Tax Consulting/ Audit Services and Authorizing the Acting City Manager to Execute a Five Year Service Contract
4. Resolution Approving a Master Services Agreement between the City of Livingston and Hinderliter de Llamas and Associates to Continue Providing Sales Tax Analysis and Authorizing the Acting City Manager to Execute a Five Year Service Contract.
6. Resolution Api:roving an Amendment to an Agreement with Gilton Solid Waste Management, Inc. to Extend the Agreement for an Additional Five (5) Months to complete the Request for Proposal (RFP) and Related Proposition 218 process, and Authorizing the Acting City Manager to Execute Amendment.
Mayor Moran opened and closed public comments at 7: 19 p.m. as there were no comments from the public.
Acting City Manager Riedeman pointed out a clerical error on agenda item 3 on the quarterly calculation. She noted that the quarterly about is not $2,000 it is $1,500 per quarter and the annual amount is capped at $6,000. The agreement secures the rate for the full term of five years.
Mayor Moran pulled agenda item 5 for further discussion.
Motion: M/S Samra/Roth to approve the consent agenda items 1,2,3,4, and 6. The motion carried 4-0-0 by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
Roth, Soto, Samra, and Moran.
None
None
5. Resolution Appropriating $10,000 of the General Fund Unappropriated Fund Balance from Fiscal Year 2022/2023 and Authorizing the Acting City Manager to Execute the Agreement with Institute of Local Government (JLG)
Acting City Manager Riedeman introduced this item and responded to Council questions.
Mayor Moran recommended that the training be put on hold until the one Council Member vacancy is filled.
Mayor Moran opened and closed public comments at 7:25 p.m. as there were no comments from the public.
Motion: M/S Roth/Samra to approve the consent agenda item 5. The motion carried 4-0-0 by the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members:
Council Members:
Council Members:
Roth, Soto, Samra, and Moran.
None
None
DISCUSSION AND POTENTIAL ACTION ITEMS
7. Discussion and Direction on CMAQ Application Submission for the 2022 CMAQ Call for Projects
City Engineer Mario Gouveia introduced this item and responded to Council questions.
There was a brief discussion between Council and City Attorney regarding giving staff direction to do research when the next application is due.
Public Comments Via Teleconference:
Mitchel (first name was unaudible)
Mayor Moran opened and closed public comments at 7:39 p.m. as there were no comments from the public.
Acting City Manager Riedeman noted that the application will be for the $885,000 not for the $500,000 [as stated on the staff report].
Motion: M/S Roth/Samra to approve CMAQ Application Submission for the 2022 CMAQ Call for Projects. The motion carried 4-0-0 by the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members:
Council Members:
Council Members:
Roth, Soto, Samra, and Moran.
None
None
8. Fiscal Year (FY) 2020/2021 Financial Statements
Acting City Manager Riedeman introduced this item.
Mayor Moran opened and closed public comment at 7:52 p.m. as there were no comments from the public.
Motion: M/S Samra/Roth to accept the Auditors Report and Financial Statements related for January 30, 2021. The motion carried 4-0-0 by the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members:
Council Members:
Council Members:
Roth, Soto, Samra, and Moran.
None
None
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Research on whether we can use CMAQ dollars to take Winton parkway to F Street. • Joint meeting c-n goal setting and vision workshop.
• The meeting on January 23'd will be canceled.
• Do a workshop on how citizens can conserve water.
CLOSED SESSION
9. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
(Gov. Code section 54956.9)
Name of Case: Animal Legal Defense Fund v. Foster Poultry Farms, Merced County Superior Court Case No. 20CV-02493
10. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code section 54957.6)
Agency designated representative: Jennifer Riedeman, Director of Finance Unrepresented Position: Public Service Director
11. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code,§ 54956.9(d): Three (3) Cases
12. Conference with Legal Counsel - Existing Litigation (Gov. Code, § 54956.9)
Name of Case: Hass v. Be1tjamin Guzman et al.
Merced County Superior Court Case No. 21 CV-03305
Mayor Moran cpened and closed public comments at 7:55 p.m. as there were no comments from the public.
The council went into Closed Session at 7:56 p.m.
CLOSED SESSION ANNOUNCEMENTS
Direction was given to staff.
ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:44 p.m.
City Clerk of the City of Livingston
APPROVED:
Mayor or Mayor Pro Tern pore
The written meeting mi.~utes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all ci( 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.
MEETING MINUTES
SPECIAL MEETING
LIVINGSTON CITY COUNCIL
FEBRUARY 28, 2023
A Special Meeting of the Livingston City Council was held on February 28, 2023, in the Council of Chambers, with Mayor Moran presiding.
CALL TO ORDER
Mayor Moran called the meeting to order at 5:34 p.m.
ROLL CALL
l:8J Mayor Jose A. Moran
l:8J Mayor Pro Tern Gurpal Samra
l:8J Council Member Maria Baptista-Soto
l:8J Council Member Jason Roth
l:8J Council Member Jatinder Mann
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.
CHANGES TO THE AGENDA
None.
CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 5:37 p.m. as there were no comments from the public.
EDUCATIONAL WORKSHOP
I. Status on Current and Future Water Projects.
City Engineer \1ario Gouveia and Senior Engineer Nick Fontaine introduced this item. They gave a PowerPoint presentation on the water supply update, the Integrated Regional Water Management Project-Merced Irrigation District Partnership, l ,2,3-Trichloropropane Progress, new wells, water line replacements, and a project summary. They also responded to council questions.
There was a brief discussion between Council and staff on the status of current and future water projects.
Mayor Moran opened and closed public comments at 6:39 p.m. as there were no comments from the public.
Mayor Moran re-opened public comments at 6:46 p.m.
Public Comme~t:
Attendee (did not state name)
City Engineer Gouveia responded to public comments.
Mayor Moran c.osed public comments at 6:47 p.m. as there were no further comments from the public.
ADJOURNMENT
The special meeting was adjourned by consensus at 6:48 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.
MEETING MINUTES
SPECIAL MEETING
LIVINGSTON CITY COUNCIL
MARCH 21, 2023
A Special Meeting of the Livingston City Council was held on March 21, 2023, in the Council of Chambers, with Mayor Moran presiding.
CALL TO ORDER
Mayor Moran called the meeting to order at 6:00 p.m.
ROLL CALL
r8] Mayor Jose A. Moran
D Mayor Pro Tern Gurpal Samra (Absent)
r8] Council Member Maria Baptista-Soto
r8] Council Member Jason Roth
r8] Council Member Jatinder Mann
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.
CHANGES TO THE AGENDA
None.
CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 6:02 p.m. as there were no comments from the public.
CLOSED SESSION
I. Conference with Labor Negotiators (Gov. Code, section 54957.6) City Negotiators: Christopher Lopez, Arcelia Cruz, Christina Pritchard Employee Organizations:
OE3 Police Supervisory Employees Association
OE3 Livingston Police Officer Association
OE3 Management/Confidential Bargaining Unit
OE3 Clerical Bargaining Unit
AFSCME Public Works and Park Unit
2. Public Employment (Gov. Code, section 54957)
Title: City Attorney
3. THREAT TO PUBLIC SERVICES OR FACILITIES (Gov. Code section 54957) Consultation with: City Attorney
CLOSED SESSION ANNOUNCEMENTS
Direction was given to staff.
ADJOURNMENT
The special meeting was adjourned by consensus at 7:19 p.m.
City Clerk of the City of Livingston
APPROVED:
Mayor or Mayor ProTempore
The written meeting minutes r~f/ect 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 ojj,cial record qfthe meeting's proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.
MEETING MINUTES
REGULAR MEETING
LIVINGSTON CITY COUNCIL
March 21, 2023
A Regular Meeting of the Livingston City Council was held on March 21, 2023, in the City Council Chambers with Mayor :\1oran presiding.
REGULAR MEETING
Mayor Moran called the meeting to order at 7:24 pm.
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.
ROLL CALL
IZ! Mayor Jose A. Moran
D Mayor Pro Tem Gurpal Samra (Absent)
IZI Council Member Maria Baptista-Soto
IZ! Council Member Jason Roth
IZ! Council Member Jatinder Mann
CHANGES TO THE AGENDA
Council Member Roth requested item number 19 to be tabled for the next meeting so that all Council Members can be present.
Mayor Moran noted that Public Comment will be taken for item number 19.
Motion: M/S Roth/Mann to table Item Number 19 to the next meeting. The motion carried 4-0-1 by the following roll call vote:
AYES: Counci~ Members:
NOES: Counci: Members:
ABSENT: Counci: Members:
Roth, Mann, Soto, and Moran
None
Samra
CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:27 p.m.
Citizen Comments by Teleconference:
Tillie Fennessey
Mayor Moran responded to citizen comments.
Mayor Moran closed Citizen Comments at 7:30 p.m. as there were no further comments from the public.
AWARD, PRESENTATIONS, PROCLAMATIONS
I. Presentation by Mayor Moran: Recognition of LHS Boys Soccer Team.
Mayor Moran introduced this item.
Public Comments:
Attendee (did not state name)
Principal Charles Jolly
Merced County Supervisor Rodrigo Espinoza
Attendee (did not state name)
Mayor Moran r:resented this item. He presented a certificate of recognition to the Livingston Wolves Boys Varsity Soccer Team Head Coach Francisco Hernandez, Assistant Coach Jorge Carmona, Salv2dor Salazar, Marco Sobrevilla, and Luis Ruiz. Mr. Moran also presented a Certificate of Recognition to Israel Mujica, Fernando Garcia, Phrabshan Mahal, Julian Barajas, Gabriel Montes, Diego Millan, Yonathan Cervantes, Jerry Fierro, Gerardo Torres, Alan Millan, Alejandro Avila, Alberto Altamirano, Heath Edwards, Alexander Moreno, David Lozano, Luis Salazar, Juan Reynoso, Anthony Maldonado, Jose Mendoza, Damian Mireles, Eden Sandoval, Jose Valencia, Ricardo Partida, Oliver Sanchez, Luis Sandoval, Kevin Velasquez.
Alejandro Carrillo, Representative of Assemblywomen Esmeralda Soria presented a Certificate of Recognition to the Livingston High School Boys Soccer Team.
Council Member Soto presented a Certificate of Recognition to Livingston High School Varsity Boys Soccer Team on behalf of Senator Ana Caballero.
At 7:48 p.m. Mayor Moran called for a brief recess.
At 8:02 p.m. the meeting was reconvened.
ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.
Merced County Sur:ervisor Rodrigo Espinoza gave a report.
City Staff Announcements and Reports.
• Public Works, Director Anthony Chavarria -Spring Collection Event • City Planner, Miguel Galvez -Reporting of March 14, 2023, Planning Commission Actions • Recreation Superintendent Jacquie Benoit - Swimming Pool Update and Color Run Update Staff responded to Council questions.
City Manager Announcements and Reports.
No Report.
City Council Members' Announcements and Reports.
• Council Member Mann
• Counc:J Member Roth
• CouncJ Member Soto
Mayor's Announcements and Reports.
• Mayor Mo~an
City Attorney Announcements and Reports
• Christina Pritchard, City Attorney-MCAG MOU
Jatinder Mann
Jason Roth
• City Council Liaison - Livingston Planning Commission - Jason Roth • Special City Selection Committee of the San Joaquin Valley Air Pollution Control BoardJason Roth, Representative and Gnrpal Samra, Alternative.
Maria Soto
• Merced County Local Agency Formation Commission (LAFCO)- Maria Soto, Representative.
• Central Valley Division League of California Cities -Maria Soto, Representative and Jason Rott,, Alternate.
Gurpal Samra
• Merced CoJnty Mosquito Abatement District Board of Directors - Gurpal Samra, Representative and Jason Roth, Alternate.
Jose Moran
• Merced County Association of Governments (MCAG) Governing Board -Jose Moran, Representative and Gurpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission - Jose Moran • Utility Stakeholders Committee - Jose Moran and Gurpal Samra
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 February 27, 2023.
4. APPROVAL O? MEETING MINUTES
Approval ofMi:mtes of Meeting Held on September 6, 2022
5. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on September 20, 2022 6 APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on October 18, 2022
7. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on November 15, 2022
8. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on November 29, 2022
9. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on December 6, 2022 (regular meeting)
10. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on December 6, 2022 (special meeting)
11. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on January 17, 2023
12. APPROVAL OF MEETING MINUTES
Approval of Minutes of Meeting Held on January 24, 2023
13. Resolution Awarding a Contract to TBS Contractors for Main Street Sidewalk Repair and Authorizing the Interim City Manager to Execute an Agreement
14. Resolution Awarding the City of Livingston, I Street Water Main and Asphalt Repair Project to Rolfe Construction and Authorizing the Interim City Manager to Execute an Agreement
15. Approve an Extension to the Contract with Gouveia Engineering, Inc. for On-Call Engineering Services for Federally Funded Transportation Projects for the City of Livingston and Authorizing the Interim City Manager to Execute the Extension Amendment Motion: M/S Mann/Roth to approve the consent agenda. The motion carried 4-0-1 by the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members:
Council Members:
Council Members:
Roth, Mann, Soto, and Moran.
None
Samra
Mayor Moran cpened and closed Public Comments at 8:35 p.m. as there were no comments from the public.
PUBLIC HEARINGS
I 6. First Reading and Introduction of Ordinance Amending Livingston Municipal Code, Title 7, Chapter 4, Seeton 16, Titled Administrative Penalties in Regards to Illegal Aerial Fireworks, By Ordinance Adopt a Policy for the Issuance of Administrative Fines for Violations. CONTINUED TO APRIL 4, 2023 REGULAR CITY COUNCIL MEETING.
Agenda item number 16 was continued to the April 4, 2023 city council meeting.
Mayor Moran opened and closed Public Hearing at 8:36 p.m. as there were no public comments from the public.
DISCUSSION AND POTENTIAL ACTION ITEMS
17. First Reading and Introduction of Ordinance Amending Title 4, Chapter I of the Livingston Municipal Code, Repealing Ordinance No. 642 and Replacing Livingston Municipal Code Title 4, Chapter 1, "Building Administration Codes" to Adopt the 2022 California Building Code, 2022 Mechanical Code, 2021 International Property Maintenance Code, 2022 California Mechanical Cede, 2021 International Property Maintenance Code, 2022 California Plumbing Code , 2022 California Electrical Code, 2022 California Historical Building Code, 2022 Energy Code, 2022 California Green Building Code, 2022 California Fire Code, and 2022 California Residential Building Code and All Appendices attached and to Set a Public Hearing for April 18, 2023, at 7:00 p.m. To Waive the Second Reading and Adopt the Ordinance Contract City Planner Miguel Galvez introduced this item.
Motion: MIS Roth/Mann to approve the First Reading and Introduction of Ordinance Amending Title 4, Chapter 1 of the Livingston Municipal Code, Repealing Ordinance No. 642 and Replacing Livingston Municipal Code Title 4, Chapter 1, "Building Administration Codes" to Adopt the 2022 California Building Code, 2022 Mechanical Code, 2021 International Property Maintenance Code, 2022 California Mechanical Code, 2021 International Property Maintenance Code, 2022 California Plumbing Code, 2022 California Electrical Code, 2022 California Historical Building Code, 2022 Energy Code, 2022 California Green Building Code, 2022 California Fire Code, and 2022 California Residential Building Code and All Appendices attached and to Set a Public Hearing for April 18, 2023, at 7:00 p.m. To Waive the Second Reading and Adopt the Ordinance. The motion carried 4-0-1 by the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members:
Council Members:
Council Members:
Roth, Mann, Soto, and Moran.
None
Samra
I 8. Discussion and Direction on the Fourth of July Event Recreation Superintended Benoit introduced this item and responded to Council questions.
Public Comments:
Attendee (did not state name)
There was a lengthy discussion between Council, staff, and attendee Julio Valadez regarding the 4th of July event.
Council directed staff to bring back item with two contracts for regular firework and drone fireworks and provide information on the cost, revenue, and donations received for the event.
Mayor Moran opened and closed public comment at 9:03 p.m. as there were no comments from the public.
19. Discussion and Possibly Make City Council Appointments to City Boards, Commissions and Committees:
a. Member/Alternate - Merced County Association of Governments (MCAG) Governing Board. (Currently: Mayor Moran, Representative, Mayor Pro-Tern Samra, Alternate). b. Member- Merced County Local Agency Formation Commission (LAFCO). (Currently:
Council Member Soto).
c. Represent£tive/ Alternate - Central Valley Division League of California Cities. (Currently:
Council Member Soto, Representative, Council Member Roth, Alternate). d. Member/Alternate-Merced County Mosquito Abatement District Board of Directors. (Currently: Mayor Pro-Tern Samra, Representative, Council Member Roth, Alternate). e. Representative/Alternate- Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board. (Currently: Council Member Roth, Representative, Mayor Pro-Tern Samra, Alternate).
f. Representative/ Alternate - Merced Integrated Regional Water Management Plan (MIRWMA). (Currently: Mayor Pro-Tern Samra, Representative, Juan Aguilar Alternate). g. City Council Liaison - Livingston Planning Commission. (Currently: Council Member Roth).
h. City Council Liaison - Parks, Recreation and Arts Commission (Currently: Mayor Moran). i. Two City Council Representatives - Utility Rate Stakeholders Committee (Currently:
Council Member Moran and Mayor Pro-Tern Samra).
Agenda Item 19 was ta::,led for the next City Council meeting.
Mayor Moran opened a:id closed Public Comments at 9:22 p.m. as there were no comments from the public.
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.
ADJOURNMENT
The meeting was adjourned by consensus at 9:26 p.m.
City Clerk of the City of Livingston
APPROVED:
Mayor or Mayor Pro Tern pore
The written meeting minutes r~flect a summa,y of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.
MEETING MINUTES
CLOSED SESSION/REGULAR MEETING
LIVINGSTON CITY COUNCIL
APRIL 4, 2023
A Closed Session/Regufar Meeting of the Livingston City Council was held on April 4, 2023, in the City Council Chambers with Mayor Moran presiding.
CALL TO ORDER
Mayor Moran called the meeting to order at 6:05 p.m.
ROLL CALL
C8] Mayor Jose A. Moran
D Mayor Pro Tern Gurpal Samra (Absent)
C8] Council Member \1aria Baptista-Soto
C8] Council Member Jason Roth
C8] Council Member Jatinder Mann
Mayor Moran opened and closed public comments at 6:07 as there were no comments from the public.
CLOSED SESSION
3. Conference with Legal Counsel - Existing Litigation (Gov. Code, § 54956.9) Name of Case: In re NATIONAL PRESCRIPTION OPIATE LITIGATION, United States District Court, Northern District of Ohio, Eastern Division, Case No. I: I 7-md-2804
4. Conference with Legal Counsel - Potential Litigation Paragraph (2) of subdivision (d) of Section 54956.9 of the Government Code
Number of Cases: Two Matters
REGULAR MEETING
Mayor Moran called the meeting to order at 7:03 pm.
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.
ROLL CALL
~ Mayor Jose A. Moran
~ Mayor Pro Tern Gurpal Samra
~ Council Member Maria Baptista-Soto
~ Council Member Jason Roth
~ Council Member Jatinder Mann
CLOSED SESSION ANNOUNCEMENTS
Direction was given to staff.
CHANGES TO THE AGENDA
None.
CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:05 p.m.
Citizen Comments:
Tille Fennessey
Rodrigo Espinoza
Mayor Moran and Chie:"of Police Hale responded to Citizen Comn1ents.
Mayor Moran closed Citizen Comments at: 7: 17 p.m. as there were no further comments from the public.
AW ARD, PRESENTATIONS, PROCLAMATIONS
1. Presentation by Mayor Moran: Recognition of Livingston High School Varsity Girls Wrestling Team.
Mayor Moran Presented this item. He presented a Certificate of Recognition to Faith Vasquez, Jandra Valencia, Jaretzin Toribio, Lourdes Rodriguez, Alondra Rebuelta, Aleida Rebuelta, Evelin Ponce, Kathleen Oswalt, Esmeralda Nicolas, Ariana Guillen, Gabriela Gomez, Luz Gomez, Mia Ceja, Genevieve Batista, Kiramprit Bains, Coach Cinthia Perez, Rainier Colina, Jaime Quijano, Eli Vanguilder, Eduardo Basurto, and Head Coach Alfonso Paez.
Public Comments:
Attendee ( did not state came)
Attendee ( did not state came)
At 7:34 p.m. Mayor Mocan called for a brief recess.
At 7:46 p.m. the meeting was reconvened.
ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigc Espinoza Announcements and Reports.
Merced County Supervisor Espinoza gave his report.
City Staff Announcements and Reports.
• Police Chief Chuck Hale -Introduction of New Police Department Personnel City Manager Ann-::,uncements and Reports.
No Report.
City Council Members' Announcements and Reports.
• Council Member Roth
• Council Member Mann
• Council Member Soto
• Mayor Pro-Tem Samra
Mayor's Announcements and Reports.
• Mayor Moran
Jatinder Mann
Jason Roth
• City Counc:I Liaison - Livingston Planning Commission - Jason Roth • Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board - Jason Roth, Representative and Gurpal Samra, Alternative.
Maria Soto
• Merced County Local Agency Formation Commission (LAFCO)- Maria Soto, Representative.
• Central Valley Division League of California Cities - Maria Soto, Representative and Jason Roth, Alternate.
Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gurpal Samra, Representative aud Jason Roth, Alternate.
Jose Moran
• Merced County Association of Governments (MCAG) Governing Board - Jose Moran, Representative and Gurpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission - Jose Moran • Utility Stakeholders Committee - Jose Moran and Gurpal Samra
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. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated March 20, 2023
3. Resolution to Purchase A Replacement Vehicle for a Livingston Police Department Detective Vehicle that was Deemed A Total Loss
4. Resolution (1) Awarding a Contract to Day's Generator Service for the Replacement of the Wastewater Treatment Plant Emergency Generator; (2) Ratifying the Actions taken by the Previous Interim City Manager Approving a Rental Agreement with HERC Rentals for a Monthly Renta'. Cost of $5,435.00; and (3) Authorizing the Interim City Manager to Enter into a Rental Agreement with PAC Machine Company for a Monthly Generator Rental Cost of $3,015.00
Council Member Soto asked the age of the equipment and how often is the equipment inspected.
Public Works Director Anthony Chavarria responded to Council Member Soto's questions.
5. Resolution I) Awarding a Contract to Shannon Pump Company to Perform Well Fourteen (14) Well Screen Maintenance and Replace Failed Motor and Bowl Assembly; and 2) Authorizing the Interim City Manager to Execute an Agreement with Shannon Pump Company for the Amount of $122,903.88
6. Resolution Approving the Annual Local Transp01tation Fund (LTF) Claim to be filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2022-2023
7. Resolution to Receive and Accept the Housing Element Annual Progress Report for Calendar Year 2022, 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.
Motion: MIS Samra/Roth to approve the consent agenda. The motion carried 5-0 by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
Roth, Mann, Soto, Samra, and Moran.
None
None
DISCUSSION AND POTENTIAL ACTION ITEMS
8. Discussion and Direction on the Fourth of July Event Recreation Superintendent Benoit introduced this item and responded to Council questions.
Public Comments:
Attendee ( did not state name)
There was a lengthy discussion between Council and staff regarding the use of regular fireworks, music, and alcohol sales for the Fourth of July Event.
Mayor Moran opened public comment at 8:47 p.m.
Public Comme:1ts:
Attendee (did r:ot state name)
Mayor Moran closed public comments at 8:55 p.m. as there were no further comments from the public.
The Council was in consensus of fireworks, live music, alcohol sales, and larger fencing area.
9. Discussion and Direction on Amending the Fireworks Ordinance and Associated Fines.
Chief of Police Hale and City Attorney Pritchard introduced this item.
Mayor Moran opened and closed public comments at 9: 10 p.m. as there were no further comments from the public.
There was a lengthy discussion between Council and Staff regarding the direction of Amending the Fireworks Ordinance and Associated Fines.
The Council was in consensus to amend Chapter 4, have the Ordinance penalty be moved to a misdemeanor, and make it an administrative fine.
Mayor Moran directed staff to bring an item back with more information to the Council and compare data from other cities around the area.
10. Discussion and Possibly Make City Council Appointments to City Boards, Commissions and Committees:
a. Member/ Alternate - Merced County Association of Governments (MCAG) Governing Board. (Currently: Mayor Moran, Representative, Mayor Pro-Tern Samra, Alternate). b. Member- Merced County Local Agency Formation Commission (LAFCO). (Currently:
Council Member Soto).
c. Representative/ Alternate - Central Valley Division League of California Cities. (Currently:
Council Member Soto, Representative, Council Member Roth, Alternate).
Motion: M/S Roth/Mann to have Council Member Mann as alternate. The motion carried 5- 0-0 the following roll call:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
Roth, Mann, Soto, Samra and Moran.
None
None
d. Member/Alternate - Merced County Mosquito Abatement District Board of Directors. (Currently: Mayor Pro-Tern Samra, Representative, Council Member Roth, Alternate). e. Representative/Alternate- Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board. (Currently: Council Member Roth, Representative, Mayor Pro-Tern Samra, Alternate).
f. Representative/ Alternate - Merced Integrated Regional Water Management Plan (MIRWMA:>- (Currently: Mayor Pro-Tern Samra, Representative, Juan Aguilar Alternate).
Motion: M/S Samra/Mann to have Council Member Mann as representative and Council Member Roth as alternate. The motion carried 5-0-0 the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
Roth, Mann, Soto, Samra and Moran.
None
None
g. City Council Liaison - Livingston Planning Commission. (Currently: Council Member Roth).
h. City Council Liaison - Parks, Recreation and Arts Commission (Currently: Mayor Moran).
Motion: MiS Moran/Roth to make Council Member Mann as alternate Liaison to the Parks, Recreation and Arts Commission. The motion carried 5-0-0 by the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members:
Council Members:
Council Members:
Roth, Mann, Soto, Samra and Moran.
None
None
i. Two City Council Representatives - Utility Rate Stakeholders Committee (Currently:
Council Member Moran and Mayor Pro-Tern Samra).
Mayor Moran opened and closed public comments at 9:22 p.m. as there were no further comments from the public.
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Provide information on the contract with Always towing and different towing services. • Provide information on job description of a City Clerk and Treasurer. Get more information on those positions becoming appointed rather than elected. • RFP for management services for cannabis services.
• Options on havi11g a program for banners in the downtown area. • Update the personnel handbook, municode, and personnel policies. • Have a joint meeting with Council, Planning, Recreation, Engineering, and Public Works. • Revisit Emergency preparedness plan.
• Update on pool Memorandum of Understanding.
• Revisit Farmers Merchant Bank opening a branch in the city. • Revisit the Child Development contract.
ADJOURNMENT
The meeting was adjourned by consensus at 9:45 p.m.
City Clerk of the City of Livingston
APPROVED:
Mayor or Mayor Pro Tern pore
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.
MEETING MINUTES
CLOSED SESSION/REGULAR MEETING
LIVINGSTON CITY COUNCIL
APRIL 18, 2023
A Regular Meeting of the Livingston City Council was held on April 18, 2023, in the City Council Chambers with Mayor Moran presiding.
CALL TO ORDER
Mayor Moran called the meeting to order at 6:0 I p.m.
ROLL CALL
0 Mayor Jose A. Moran
0 Mayor Pro Tern Gurpal Samra
0 Council Member ~aria Baptista-Soto (Late Attendance)
0 Council Member Jason Roth
0 Council Member .Tatinder Mann
Council Member Soto e:1tered the Council Chambers at 6:04 p.m. after roll call was taken.
CLOSED SESSION
3. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code,§ 54956.9(d)(2) One ( 1 ) Matter
4. Conference with Legal Counsel - Existing Litigation (Gov. Code,§ 54956.9) Name of Case: Kang v. City of Livingston, Arbitration Case Number: ARB-21-0379 Mayor Moran opened and closed public comments at 6:03 p.m. as there were no comments from the public.
REGULAR MEETING
Mayor Moran called the meeting to order at 7:03 p.m.
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited
MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.
ROLL CALL
~ Mayor Jose A. Moran
~ Mayor Pro Tern Gurpal Samra
~ Council Member Maria Baptista-Soto
~ Council Member Jason Roth
~ Council Member Jatinder Mann
CLOSED SESSION ANNOUNCEMENTS
Direction was given to staff on closed session item 3. There was no direction for closed session item 4.
CHANGES TO THE AGENDA
None.
CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:05 p.m.
Citizen Comments
Attendee ( did not state name)
Mayor Moran closed Citizen Comments at 7:06 p.m. as there were no further comments from the public.
ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.
County Supervisor Espinoza gave a report.
City Treasurer Announcements and Reports.
City Treasurer Katherine Schell Rodriguez gave her report by You Tube video.
City Staff Announcements and Reports
• City Engineer Mario Gouveia - CMAQ Update.
City Manager Announcements and Reports
• Interim City Manager Lopez
City Council Members' Announcements and Reports
• Council Member Roth
• Council Member Mann
• Council Member Soto
• Mayor Pro Tern Samra
Mayor's Announcements and Reports.
• Mayor Moran
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission - Jatinder Mann • Merced Integrated Regional Water Management Plan (MIRWMA)-Jatinder Mann, Representative and Jason Roth, Alternate Representative. • Central Valley Division League of California Cities - Maria Soto, Representative and Jatinder Mann, Alternate.
Jason Roth
• City Council Liaison - Livingston Planning Commission - Jason Roth • Special City Selection Committee of the San Joaquin Valley Air Pollution Control BoardJason Roth, Representative and Gnrpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIRWMA)-Jatinder Mann, Representative and Jason Roth, Alternate Representative.
Maria Soto
• Merced County Local Agency Formation Commission (LAFCO) - Maria Soto, Representative.
• Central Valley Division League of California Cities - Maria Soto, Representative and Jason Roth, Alternate.
Gnrpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gurpal Samra, Representative and Jason Roth, Alternate.
Jose Moran
• Merced County Association of Governments (MCAG) Governing Board - Jose Moran, Representative and Gurpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission - Jose Moran • Utility Stakeholders Committee - Jose Moran and Gurpal Samra
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. RATIFY CHECK WARRANTS
Ratify Warrant :clegister Dated April 4, 2023
3. Resolution Accepting the Grand Deed for the Public Utility Easement Dedicated by Frank Sequeira for APN 024-184-026 and Authorize the Interim City Manager to Execute a Certificate of Acceptance for Recording of the Grant Deed
Motion: M/S Samra/Roth to approve the consent agenda. The motion carried 5-0-0 by the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members:
Council Members:
Council Members:
Roth, Mann, Soto, Samra, and Moran.
None
None
Mayor Moran opened and closed public comments at 7:49 p.m. as there were no comments from the public.
PUBLIC HEARINGS
4. Resolution to Acknowledge Accomplishments and Confirm Closeout of the Community Development Block Grant Program
(CONTINUED TO MAY 2, 2023 REGULAR CITY COUNCIL MEETING) Mayor Moran cpened and closed public comments at 7:50 p.m. as there were no comments from the public.
5. Waive the Second Reading and Adopt Ordinance Amending Title 4, Chapter I of the Livingston Municipal Code, Repealing Ordinance No. 642 and Replacing Livingston Municipal Code Title 4, Chapter I, "Building Administration Codes" to Adopt the 2022 California Building Code, 2022 Mechanicctl Code, 2021 International Property Maintenance Code, 2022 California Mechanical Code, 2021 International Property Maintenance Code, 2022 California Plumbing Code, 2022 California Electrical Code, 2022 California Historical Building Code, 2022 Energy Code, 2022 California Green Building Code, 2022 California Fire Code, and 2022 California Residential Building Code and All Appendices attached.
Contract City Planner Miguel Galvez introduced this item.
Mayor Moran opened and closed public comments at 7:53 p.m. as there were no comments from the public.
Motion: M/S Roth/Samra to Waive the Second Reading and Adopt Ordinance Amending Title 4, Chapter I of the Livingston Municipal Code, Repealing Ordinance No. 642 and Replacing Livingston Municipal Code Title 4, Chapter I, "Building Administration Codes" to Adopt the 2022 California Building Code, 2022 Mechanical Code, 202 I International Property Maintenance Code, 2022 California Mechanical Code, 202 I International Property Maintenance Code, 2022 California Plumbing Code, 2022 California Electrical Code, 2022 California Historical Building Code, 2022 Energy Code, 2022 California Green Building Code, 2022 California Fire Code, and 2022 California Residential Building Code and All Appendices attached. The motion carried 5-0- 0 by the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members:
Council Members:
Council Members:
Roth, Mann, Soto, Samra, and Moran.
None
None
DISCUSSION AND POTENTIAL ACTION ITEMS
6. Resolution Approving the Restated Joint Powers Agreement of the Merced County Association of Governments and Authorizing the Mayor to Sign the Agreement
Interim City M,mager Christopher Lopez introduced this item.
Mayor Moran expressed his concerns on a few items on the Agreement.
There was a lengthy discussion between Council and Staff regarding the Restated Joint Powers Agreement oft'le Merced County Association of Governments.
Mayor Moran opened public comments at 8:25 p.m.
Public Comments:
County Supervisor Espinoza
Mayor Moran closed public comments at 8:33 p.m. as there were no further comments from the public.
The Council was in consensus to continue item number 6 to the May 16th regular meeting.
7. Waive First Reading and Introduction an Ordinance of the City Council of the City of Livingston Amending Livi:Jgston Municipal Code, Section 1.4.3, General Criminal Penalties, of Chapter 4, General Penalties, of Title 1, Administrative; and Section 7.4.16, Administrative Penalties, of Chapter 7.4, Fireworks, of Title 7, Fire Regulations and Department of Public Safety to Establish Administrative Penalties For the Use of Illegal Aerial Fireworks.
Chief of Police Chuck Hale introduced this item and responded to council questions.
Mayor Moran cpened and closed public comments at 8:48 p.m. as there were no comments from the public.
There was a brief discussion between Council and Staff regarding the ordinance.
Motion: M/S Samra/Moran to Waive first reading, read by title only, and introduce the proposed Ordinance with direction to staff to provide clarification on which take precedent (option 2 of staff report). Mayor Pro-Tem Samra amended his motion to take option 1 of the staff report Waive first reading, read by title only, and introduce the proposed Ordinance. Mayor Pro-Tern Samra withdrew his motion.
Motion: M/S M:,ran/Mann to Waive First Reading, read by title only, and introduce the proposed Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code, Section 1.4.3, General Criminal Penalties, of Chapter 4, General Penalties, of Title I, Administrative; and Section 7.4.16, Administrative Penalties, of Chapter 7.4, Fireworks, of Title 7, Fire Regulations and Department of Public Safety to Establish Administrative Penalties For the Use of Illegal Aerial Fireworks. The motion carried 5-0-0 by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
Roth, Mann, Soto, Samra, and Moran.
None
None
8. Discussion and Direction on Tobacco and Alcohol Retail Cap Mayor Moran introduced this item.
The Council was in consensus to direct staff to bring back an item on what other cities are doing.
There was a brief discussion between the Council and Staff regarding the tobacco and alcohol retail cap.
Mayor Moran opened public comments at 9: 10 p.m.
Public commer:ts:
Rodrigo Espinoza
Leticia Vasquez
Mayor Moran closed public comments at 9: 13 p.m. as there were no further comments from the public.
9. Discussion and Direction on City of Livingston Towing Practices Interim City Manager Christopher Lopez introduced this item.
There was a brief discussion between Staff and Council regarding the City's towing practices.
Mayor Moran cpened public comments at 9:33 p.m.
Citizen comments:
Rodrigo Espinoza
Brandon Espinoza
Rigo Espinoza
Mayor Moran closed public comments at 9:42 p.m. as there were no further comments from the public.
Council Member Soto suggested bringing the policy forward for ratification or clarification.
Mayor Moran suggested bringing an item forward to look at the current policy and clean up the policy in place.
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Discussion on Farmers Merchant Bank (F&M) having a location in the City of Livingston.
ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:53 p.m.
City Clerk of the City of Livingston
APPROVED:
Mayor or Mayor Pro Tern pore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all q/the comments or dialogue leading up to the action. All meetings are digitally recorded and are an off'icial record of the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.
MEETING MINUTES
CLOSED SESSION/REGULAR MEETING
LIVINGSTON CITY COUNCIL
May 2, 2023
A Regular Meeting of the Livingston City Council was held on May 2, 2023, in the City Council Chambers with Mayor Moran presiding.
CALL TO ORDER
Mayor Moran called the meeting to order at 6:04 pm.
ROLL CALL
[gl Mayor Jose A. Moran
[gl Mayor Pro Tern Gurpal Samra
[gl Council Member Maria Baptista-Soto
[gl Council Member Jason Roth
[gl Council Member : atinder Mann
CLOSED SESSION
Mayor Aguilar opened the meeting for public comments at 6:05 p.m. There were no comments, and the Council went into Close::! Session immediately thereafter to discuss the following matters:
4. Liability Claims (Gov. Code,§ 54956.95)
Claimant: Carolina Figueroa
Agency claimed against: City of Livingston
5. Liability Claims (Gov. Code, § 54956.95)
Claimar..t: Cecilia Molina
Agency claimed against: City of Livingston
REGULAR MEETING
Mayor Aguilar called the meeting to order at 7:04 p.m.
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited
MOMENT OF SILE!\"CE
There was a moment of silence for First Responders and Military Members.
ROLL CALL
[gJ Mayor Jose A. Moran
[gJ Mayor Pro Tern Gurpal Samra
[gJ Council Member Maria Baptista-Soto
[gJ Council Member Jason Roth
[gJ Council Member Jatinder Mann
CLOSED SESSION ANNOUNCEMENTS
The Council voted to reject the claim from claimant Cecilia Molina because the place of the incident is outside city limits. On April 4th, 2023, the council agreed to a tentative settlement agreement with Vanessa Portillo and the report is completed.
The council voted to reject the claims from claimant Carolina Figueroa.
CHANGES TO THE AGENDA
None.
CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:07 p.m.
Citizen Comments
Jacquie Benoit
Mayor Moran closed citizen comments at 7:09 p.m. as there were no further comments from the public.
ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.
No Report.
City Staff Announcements and Reports
• Chief of Police Chuck Hale- Work Plan for Code Compliance Officer.
Sergeant Ramirez responded to council questions.
City Manager Announcements and Reports
No Report
City Council Members' Announcements and Reports
• Council Membe~ Roth
co Council Member Soto
Mayor's Announcements and Reports.
• Mayor Moran
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission - Jatinder Mann • Merced Integrated Regional Water Management Plan (MIRWMA)-Jatinder Mann, Representative and Jason Roth, Alternate Representative. • Central Valley Division League of California Cities - Maria Soto, Representative and Jatinder Mann, Alternate.
Jason Roth
• City Council Liaison - Livingston Planning Commission - Jason Roth • Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board - Jason Roth, Representative and Gnrpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIR WMA) - Jatinder Mann, Representative and Jason Roth, Alternate Repi:esentative.
Maria Soto
• Merced County Local Agency Formation Commission (LAFCO) - Maria Soto, Representative.
• Central Valley Division League of California Cities - Maria Soto, Representative and Jason Roth, Alternate.
Gnrpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gurpal Samra, Representative and Jason Roth, Alternate.
Jose Moran
• Merced County Association of Governments (MCAG) Governing Board - Jose Moran, Representative and Gurpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission -Jose Moran • Utility Stakeholders Committee - Jose Moran and Gurpal Samra
RECEIVE AND FILE
1. City Treasurer's Investment Report (this item is a placeholder for any future investment reports received by the City Treasurer).
CONSENT AGENDA
2. W AIVlNG 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. Resolution Approving a Supplemental Appropriation of$12,595.50 for Fiscal Year 2022/2023 to Open the Community Swimming Pool at Livingston High School There was a brief discussion regarding the agreement and hours of operation.
Recreation Superintendent Jacquie Benoit responded to questions.
4. Resolution Awarding a Purchase Order to PAC Machine Company For Pump Repair Services for One 35 HP Submersible Pump at the Head Works Lift Station and Authorizing the Interim City Manager to Approve and Issue a Purchase Order to PAC Machine Company for An Amount Not to Exceed $19,262.71
Council Member Soto had questions regarding warranties and inspections.
Director of Public Works Anthony Chavarria responded to Council questions.
5. Resolution (1) Approving an Amendment to An Agreement with Gilton Solid Waste Management, Inc. to Extend the Agreement for An Additional Seven (7) Months to Complete the Evaluation of (RFP) Proposals and Related Proposition 218 Process; (2) Authorizing the Interim City Manager to Execute Amendment; and (3) Authorize the Interim City Manager to Negotiate Minor Adjustments to the Contract Extension in Accordance with Legal Concurrence Motion: M/S Samra/Roth to approve the consent agenda. The motion carried 5-0-0 by the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members:
Council Members:
Council Members:
Roth, Mann, Soto, Samra, and Moran.
None
None
Mayor Moran opened and closed public comments at 7:46 p.m. as there were no comments from the public.
PUBLIC HEARINGS
6. Resolution to Acknowledge Accomplishments and Confirm Closeout of the Community Development Rock Grant Program.
Paul Ashby from Adams Ashby Group introduced this item.
Mayor Moran opened and closed public comments at 7:49 p.m. as there were no comments from the public.
Motion: M/S Samra/Roth to approve Resolution No. 2023-31, Acknowledge Accomplishments and Confirm CloseoLlt of the Community Development Block Grant Program. The motion carried 5-0- 0 by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
Roth, Mann, Soto, Samra, and Moran.
None
None
DISCUSSION AND POTENTIAL ACTION ITEMS
7. Discussion and Direction Regarding Banking Services
There was a brief discussion regarding banking services providing a facility in the City of Livingston.
Mayor Pro-Tern Samra suggested notifying the bank that they intend to give six months' notice and, at the same time, go out for Request for Proposals (RFP).
Mayor Moran opened and closed public comments at 8:00 p.m. as there were no comments from the public.
The Council directed staff to do a Notice to Termination and bring a Request for Proposals (RFP) for banking ser·,ices. Also, to verify that the signatories are updated.
8. Discussion on Fiscal Year 2023/2024 Budget
Interim City Manager Christopher Lopez introduced this item.
Interim City Manager Lopez gave a PowerPoint presentation regarding the fiscal year 2023/24, key dates, process, revenue, tax breakdown, total expenditures, and revenues vs. expenditures.
Mayor Moran opened and closed public comments at 8:53 p.m. as there were no comments from the public.
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Update on Recr~ation Facility.
• Look into the emergency preparedness protocol update. • Update on the ACE Train.
• Start discussing the Skateboard Park, Dog Park, and a new Fire Station.
ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:59 p.m.
City Clerk of the City of Livingston
APPROVED:
Mayor or Mayor Pro Tempore
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 offi~ial record of the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.
AGENDA ITEM:
REPORT DATE:
PREPARED BY:
ELECTED OFFICIAL'S REPORT
Treasurer's Report: June 2024
July 21, 2024
Katherine Schell Rodriguez - Elected City Treasurer
RECOMMENDATION:
Receive and File Treasurer's Report for the month ending June 30, 2024.
BACKGROUND:
The Treasurer's Report is required to be presented to the governing body.
DISCUSSION:
Total Cash and City Investments including cash in the bank, and cash in the Local Agency Investment Fund is $43,442,020.74 and represents a 0.13% decrease from the previous month.
The attached Treasurer's report is a "snapshot" report of our cash position on the last day of the month in all our accounts per Bank Statements.
FISCAL IMPACT:
None.
ATTACHMENTS:
June 30, 2024, Treasurer's Report with signature
TREASURER'S REPORT
Bank Statement Period Ending
Report Date
Meeting Date
June 30, 2024
July 21, 2024
August 6, 2024
The following cash and investment information pertains to the period ending per Bank Statements Average
Institution
State of California LAIF (Local Agen:y
Investment Fund)
Non Interest Bearing Items
Farmers & Merchants Bank
Acct#
xx-xx-463
xxxxxx5801
Farmers & Merchants Bank xxxxxx6601
Farmers & Merchants Bank xxxxxx8201
Subtotal F&M Bank
Total Cash & Investments
Notes
Investment Monthly
Type
Pooled
Operating Account
Payroll Account
Web Payments Account
Yeild %
4.480%
N/A
N/A
N/A
Subtotal
Totals
Balance
JUNE
40,711,669.66
2,401,035.27
13,657.15
315,658.66
2,730,351.08
43,442,020.74
1) There are currently no Investments, In an Institution, with a Maturity Date, and/or a Maturity Date of 12 Months or More. The City's Portfolio consists of Non Interest Bearing Items in F&M Bank, and funds deposited with the State Local Investment Agency (LAIF) 2) Percentage Yield Rate from the LAIF Website "PMIA Average Monthly Yield" 3) The Average Daily Balance in F & M Bank for the month was $2,920,700.45 per statements Prepared By: ~~ s~--
Katherine Schell-Rodriguez City Treasurer
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Resolution (1) Authorizing the Interim City Manager to File the Annual Local Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim to be filed with the Merced County Association of Governments (NtCAG) for Fiscal Year 2023-2024 and (2) Authorizing the Finance Department to make appropriation budget adjustments
August 6, 2024
Anthony Chavarria, Public Works Director
Christopher Lopez, Interim City Manager
RECOMMENDATION:
Staff recommends that tre Council adopt Resolution No. 2024-_, a Resolution of the City Council of Livingston (1) Authorizing the Interim City Manager to file the standard Local Regional Surface Transportation Program (RSTP) Exchange Program claim to be filed with the Merced County Association of Governments for Fiscal Year 2023-2024 on behalf of the City of Livingston and (2) Authorizing the Finance Department to make appropriation budget adjustments.
BACKGROUND:
Caltrans Headquarters annually releases an Estimate RSTP Exchange apportionment figure to California Metropolitan Planning Organization (MPOs). The Merced County Association of Governments (MCAG) is the designed MPO for Merced County.
Each year, Merced County Association of Governments staff processes the necessary paperwork through the California Department of Transportation (Caltrans) to exchange RSTP funds allocated to Merced County. The City of Livingston has ESTIMATED RSTP funds apportionment amount available to claim in the amount of $202,349 for the Fiscal Year 2023/2024. The Resolution and claim form are before you and are necessary to finalize the City's request for its share of the funds.
DISCUSSION:
The City shall submit a claim form and authorized resolution to MCAG in order to claim the funds for Fiscal Year 2023-2024. The City plans to use the funds for the Main Street Pavement Rehabilitation Project.
The proposed work for this project includes pulverizing and repaving Main Street Six-Hundred Fifty Feet South of Peach Avenue to Newcastle Drive.
FISCAL IMPACT:
Submittal of the RSTP Claim ensures compliance with MCAG guidelines to be eligible for RSTP funds.
RSTP funds are included in the fiscal year 2024-2025 revenue projections.
ATTACHMENTS:
1. Resolution
2. Claim Form
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) AUTHORIZING
THE INTERIM CITY MANAGER TO FILE A REGIONAL SURFACE TRANSPORTATION
PROGRAM (RSTP) EXCHANGE PROGRAM FUND CLAIM FORM FOR FISCAL YEAR 2023/2024 AND (2) AUTHORIZING THE FINANCE DEPARTMENT TO MAKE
APPROPRIATION BUDGET ADJUSTMENTS
WHEREAS, the Merced County Association of Governments (MCAG) and the California Department of Transportation (Caltrans) have entered into a Standard Agreement contract to exchange unobligated balances of federal Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds; and WHEREAS, Caltrans Division of Programming releases a 5-year ESTIMATE of RSTP Exchange Program apportionments for inclusion in the Federal Transportation Improvement Program (FTIP) Programming document every 2-years to California Metropolitan Planning Organizations (MPOs); and
WHEREAS, MCAG is the designated MPO for Merced County; and WHEREAS, the Annual RSTP Exchange Program fund apportionment is an estimate and subject to change during the fiscal year (FY) due to many Federal Surface Transportation Bill variables including the annual appropriations act as well as other Congressional action (i.e. rescissions); and
WHEREAS, a FINAL RSTP Exchange apportionment amount is published at the end of the FY 23/24 and can be different than the ESTIMATE RSTP Exchange apportionment figure; and WHEREAS, Annually, Caltrans sends MCAG a Standard Agreement contract that includes an RSTP Exchange Program apportionment figure; and
WHEREAS, MCAG applies a RSTP population based distribution formula using current Department of Finance (DOF) population estimates (May 2023) to the RSTP apportionment to determine the amount of RSTP Exchange funds to be distribution to MCAG member jurisdictions; and
WHEREAS, the City of Livingston has an ESTIMATE RSTP Exchange Program fund apportionment amount available to claim in FY 23/24 is $202,349.00; and WHEREAS, payment of the ESTIMATE RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between MCAG and Caltrans, as well as the MCAG RSTP Exchange Claim form requirements: Projects to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code; and
WHEREAS, if the FINAL RSTP Exchange apportionment figure is higher for FY 23/24 than the ESTIMATE RSTP Exchange apportionment figure, Caltrans would have to revise the RSTP Exchange Standard Agreement contract with the higher RSTP figure before MCAG could instruct the Merced County Auditor Controller’s Officer to distribute a greater amount of RSTP Exchange Program funds to member agencies, than identified in this resolution; and WHEREAS, if the FINAL RSTP Exchange apportionment figure is lower for FY 23/24 than the ESTIMATE RSTP Exchange apportionment amount, Caltrans does not have to revise the RSTP Exchange contract with the lower amount before MCAG could recalculate the available RSTP Exchange Program funds using the same population-based formula and then instruct the Merced County Auditor Controller’s Officer to distribute the lower FY 23/24 FINAL RSTP Exchange Program fund amount to member agencies; and
WHEREAS, the City of Livingston has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds; and WHEREAS, it is deemed in the best interest of the City of Livingston that the Interim City Manager is authorized to sign the FY 23/24 RSTP Exchange Program fund claim form and to submit said claim form to MCAG for processing; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LIVINGSTON
Section 1. That the Interim City Manager of Livingston is authorized and directed to sign and file the above described FY 23/24 RSTP Exchange Program fund claim on behalf of the City of Livingston in the amount of $202,349.00.
Section 2. Authorizing the Finance Department to make appropriation budget adjustments.
Section 3. This Resolution will become effective immediately.
I hereby certify that the foregoing Resolution No. 2024-___is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 6th day of August 2024, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney
WHEREAS, if the FINAL RSTP Exchange apportionment figure is higher for FY 23/24 than the ESTIMATE RSTP Exchange apportionment figure, Caltrans would have to revise the RSTP Exchange Standard Agreement contract with the higher RSTP figure before MCAG could instruct the Merced County Auditor Controller's Officer to distribute a greater amount of RSTP Exchange Program funds to member agencies, than identified in this resolution; and WHEREAS, if the FINAL RSTP Exchange apportionment figure is lower for FY 23/24 than the ESTIMATE RSTP Exchange apportionment amount, Caltrans does not have to revise the RSTP Exchange contract with the lower amount before MCAG could recalculate the available RSTP Exchange Program funds using the same population-based formula and then instruct the Merced County Auditor Controller's Officer to distribute the lower FY 23/24 FINAL RSTP Exchange Program fund amount to member agencies; and
WHEREAS, the City :if Livingston has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds; and WHEREAS, it is deemed in the best interest of the City of Livingston that the Interim City Manager is authorized to sign the FY 23/24 RSTP Exchange Program fund claim form and to submit said claim form to MCAG for processing; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LIVINGSTON
Section 1. That the Interim City Manager of Livingston is authorized and directed to sign and file the above described FY 23/24 RSTP Exchange Program fund claim on behalf of the City of Livingston in the amount of $202,349.00.
Section 2. Aut'lorizing the Finance Department to make appropriation budget adjustments.
Section 3. This Resolution will become effective immediately.
I hereby certify that the foregoing Resolution No. 2024-_is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 6th day of August 2024, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:----------
Jose A. Moran, Mayor
of City of Livingston
MERCED COUNTY
ASSOCIATION OF
GOVERNMENTS
Claim to the Merced County Association of Governments
PH: 209.723.3153
FAX: 209.723.0322
www.mcaqov.org
369 W, 13th Street
Merced, Ca. 93540
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2023/2024
Claimant:
FY 23/24 Claim Amount:
Claim Guidelines:
City of Livingston
$202,349.00
Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(l) of the Streets and Highways Code.
Claim Instructions:
1. List (print or type) each INDIVIDUAL project to be funded with this claim.
2. List the amount of ;:unds to be used for each project.
3. If the project is no: a capacity expanding project and is exempt from the air quality conformance analysis check the "Exempt" box. (181)
4. If the project is a capacity expanding project and the "build" alternative of the air quality conformance analysis has been completed for the project as required check the "Air Quality" box. (181)
Pro_ject Cost of Air Exempt
Project Quality
1. Main Street Pavement Rehabilitation: the proposed work for this $319,372.06 □ □ project includes pulverizing and repaving Main Street 650 feet South of Peach Ave. until Newcastle Drive.
2. $ □ □
3. $ □ □
$ □ □
Partnering fo r Regiona l Solu tions
It is understood by this claimant (City of Livingston) that payment of this claim is subject to approv'11 by the MCAG Governing Board and must be in accordance with the MCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.
The undersigned daimant, by accepting these funds agrees to establish a special account for the purpose of depositing funds received from MCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. For the county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.
If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to MCAG for credit to the special account described above.
Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of his/her knowledge.
Authorized Representative:
Signature
Print Name
Title
Date
Signature of Chief Financial Officer
Print Name
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Resolution (1) Approving city staff to choose and execute compliance pathway B to comply with the Nitrate Control Program; and (2) Approve a supplemental appropriation for the Sewer Enterprise Fund in the amount of $15,658.16; and (3) Authorize the Interim City Manager to execute all required documents.
August 6, 2024
Anthony Chavarria, Director of Public Works
Christopher Lopez, Interim City Manager
RECOMMENDATION:
(1) Staff recommends that the City Council adopt a Resolution of the City Council of the City of Livingston approving city staff to choose and execute compliance pathway B from the Nitrate Control Program.
(2) Approve a supplemental appropriation to the Sewer Enterprise Fund in the amount of $15,658.16
(3) Authorize the Interim City Manager to execute all required documents.
BACKGROUND:
In May 2018, the Board approved new Salt and Nitrate Control Programs. The Nitrate Control Program was developed to address widespread nitrate pollution in the Central Valley. Nitrate in drinking water can reduce the bloods' ability to carry oxygen, which can result in brain damage and death. Infants and pregnant women are most at risk of nitrate toxicity.
The Board identified areas, referred to as Priority 1 and Priority 2 basins, where nitrates in groundwater are more prevalent and trerefore pose a higher risk to persons who rely on groundwater as a source of drinking water. Priority 1 basins permittees have already chosen their pathway, 99% chose pathway B.
Notice to comply was sent out December 29, 2023, to priority 2 basins, City of Livingston falls under priority 2 basin. Depending on the path chosen, the city has two dates to comply by.
On June 18, 2024, Public Works presented an update to the Council regarding the nitrate control program, which is a crucial initiative aimed at addressing water quality issues in our region. During the discussion, we reviewed the notice issued by the Central Valley Regional Water Quality Control Board, which mandates compliance with the nitrate control program. The program focuses on Priority 1 and 2 basins, emphasizing the reed for proactive measures in areas most impacted by elevated nitrate levels.
Additionally, we provided a background overview of the organization, highlighting the commitment to water quality and public health. The nitrate control program outlines two compliance pathways that organizations can choose from, allowing for flexibility in addressing the challenges posed by nitrate contamination while ensuring that water quality standards are met. This comprehensive update underscores our dedication to safeguarding our community's water resources and meeting regulatory
requirements.
Pathway A
The city as an individual compliance pathway meaning the City of Livingston alone would produce, fund, and submit the required Early Action Plan and Preliminary Management Zone Plan as well as an Implementation Plan to the Regional Board. It would also include well testing and providing safe drinking water to any potable well over the10 mg/L MCL for nitrate.
The Board will set more stringent nitrate requirements in our permit to ensure that nitrate impacts will not cause a problem with drinking water users the city would have to meet all program requirements and not limited to submitting notice of Intent and Nitrate Assessment Report to the Central Valley Board no later than February 2€-, 2025. These requirements may lead to the installation of tertiary treatment at the Wastewater Treatment Facility.
Pathway B
The city would work collaboratively with other permittees in a Local Management Zone, comprised of dischargers, irrigated lands, Dairy, Industrial processors, Wineries, etc. working together to fund and comply with the Nitrate Control Program for the Merced Basin, develop a Preliminary Management Zone Proposal and Early Action Plan and submit documents to the Central Valley Board no later than December 28, 2024. Permittees will need to submit an individual Notice of Intent (NOi) that indicates their selection of Pathway B, no later than February 26, 2025. Permittees working collaboratively as a local management zone will develop and submit a final management zone proposal, 180 days after the Central Valley Water Board's review of preliminary proposal. Permittees working collaboratively as a local management zone will need to develop and submit a management zone implementation plan, 6 months after the final Management Zone proposal is accepted by the Executive Officer of the Central Valley Water Board (CW B) .
DISCUSSION:
Annual Valley Water Collaborative (VWC) budgets, specific expenses are cost shared among all five groundwater basins participating in VWC including Modesto, Turlock, (beginning in 2025) Merced, Delta Mendota, and East San Joaquin. Basin-specific expenses are accrued to individual budgets. As other cities join the Valley Water Collaborative Organization the annual cost for Livingston would decrease.
The City of Livingston is tentatively responsible for 7% of total expenses & reserves. The tentative cost share for the city is $15,658.16. This cost is an annual cost that may decrease if more permittees join the Valley Water Collaborative.
FISCAL IMPACT:
$15,658.16 to be funded from the Sewer Enterprise Fund.
ATTACHMENTS:
1. Resolution
2. Exhibit "A"- Agreement for Nitrate Control Program
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) APPROVING CITY STAFF TO CHOOSE AND EXECUTE PATHWAY 8 TO COMPLY WITH THE NITRATE CONTROL PROGRAM; (2) APPROVE A SUPPLEMENTAL
APPROPRIATION FOR THE SEWER ENTERPRISE FUND IN THE AMOUNT OF $15,658.16; AND (3) AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE ALL
REQUIRED DOCUMENTS
WHEREAS, i" May 2018, the Board approved new Salt and Nitrate Control Programs and the Nitrate Control Program was developed to address widespread nitrate pollution in the Central Valley; and
WHEREAS, n trate in drinking water can reduce the bloods' ability to carry oxygen, which can result in brain damage and death and infants and pregnant women are most at risk of nitrate toxicity; and
WHEREAS, the Board identified areas, referred to as Priority 1 and Priority 2 basins, where nitrates in groundwater are more prevalent and therefore pose a higher risk to persons who rely on groundwater as a source of drinking water; and WHEREAS, priority 1 basins permittees have already chosen their pathway, 99% chose pathway B; and
WHEREAS, notice to comply was sent out December 29, 2023, to priority 2 basins, City of Livingston falls under priority 2 basin. Depending on the path chosen, the city has two dates to comply by; and
WHEREAS, on June 18, 2024, Public Works presented an update to the Council regarding the nitrate control program, which is a crucial initiative aimed at addressing water quality issues in our region; and
WHEREAS, during the discussion, we reviewed the notice issued by the Central Valley Regional Water Quafity Control Board, which mandates compliance with the nitrate control program and the program focuses on Priority 1 and 2 basins, emphasizing the need for proactive measures in areas mcst impacted by elevated nitrate levels; and WHEREAS, ttie nitrate control program outlines two compliance pathways that organizations can choose from, allowing for flexibility in addressing the challenges posed by nitrate contamination while ensuring that water quality standards are met; and WHEREAS, pathway A, the city as an individual compliance pathway meaning the City of Livingston alone would produce (fund) and submit the required Early Action Plan and Preliminary Management Zone Plan as well as an Implementation Plan to the Regional Board and it would also incluje well testing and providing safe drinking water to any potable well over the 10 mg/L MCL for nitrate; and
WHEREAS, the Board will set more stringent nitrate requirements in our permit to ensure that nitrate impacts will not cause a problem with drinking water users the city would have to meet all program requirements and not limited to submitting notice of Intent and Nitrate Assessment Report to the Central Valley Board no later than February 26, 2025; and 01424.0001/910135.I
Resolution No.
WHEREAS, pathway B, the city would work collaboratively with other permittees in a Local Management Zone, comprised of dischargers, irrigated lands, Dairy, Industrial processors, Wineries etc. working together to fund and comply with the Nitrate Control Program for the Merced Basin, develop a Preliminary Management Zone Proposal and Early Action Plan and submit documents to the Central Valley Board no later than December 28, 2024; and WHEREAS, permittees will need to submit an individual Notice Of Intent (NOi) that indicates their selection of Pathway B, no later than February 26, 2025, and these requirements may lead to the installation of tertiary treatment at the Wastewater Treatment Facility; and WHEREAS, permittees working collaboratively as a local management zone will develop and submit a final management zone proposal, 180 days after CVWB review of preliminary proposal and permittees working collaboratively as a local management zone will need to develop and submit a management zone implementation plan, 6 months after the final Management Zone proposal is accepted by the Executive Officer of the Central Valley Water Board (CVWB); and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:
Section 1. Adopt a Resolution of the City Council of the City of Livingston approving city staff to choose and execute pathway B from the Nitrate Control Program Section 2. Approve a supplemental appropriation to the Sewer Enterprise Fund in the amount of $15,658.16
Section 3. Authorize the Interim City Manager to execute all required documents Section 4. This Resolution will become effective immediately I hereby certify that the foregoing Resolution No. 2024-_ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 6th day of August 2024, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:----------- Jose A. Moran, Mayor
Of City of Livingston
Resolution No.
ATTEST
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
Exhibit A
VALLEY WATER COLLABORATIVE VOLUNTARY CONTRIBUTION AGREEMENT TO
SUPPORT EFFORTS RELATED TO WELL TESTING, REPLACEMENT WATER AND GROUNDWATER
IMPROVEMENTS IN THE MODESTO, TURLOCK, DELTA-MENDOTA, EASTERN SAN JOAQUIN,
MERCED AND MADERA GROUNDWATER BASIN/SUB-BASIN AS IDENTIFIED IN THE WATER
QUALITY CONTROL PLAN FOR THE SACRAMENTO AND SAN JOAQUIN RIVER BASINS This Voluntary Contribution Agreement (this "Agreement") is entered into this __ day of ___ ~ 20 __ (the "Effective Date"), by and between the VALLEY WATER COLLABORATIVE, a California nonprofit public benefit corporation (hereafter "VWC") and ----------------~ (hereafter "Contributor") (referred to individually as "Party" or collectively "Parties).
BACKGROUND
1. On May 31, 2018, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) adopted amendments to the Water Quality Control Plans for the Sacramento River and San Joaquin River Basins and the Tulare Lake Basin to incorporate a Central Valley-Wide Salt and Nitrate Control Program (Basin Plan Amendments). The Basin Plan Amendments were approved by the State Water Resources Control Board (State Water Board) on October 16, 2019, and the Office of Administrative Law on January 15, 2020.
Parts of the Basin Plan Amendments became effective upon Office of Administrative Law approval. Other parts became effective after receiving approval from the United States Environmental Protection Agency.
2. The Basin Plan Amendments include the program to regulate nitrate discharges to groundwater (Nitrate Control Program). The Nitrate Control Program became effective on or about January 15, 2020.
3. The Nitrate Control Program applies to all discharges of nitrate to groundwater basins that are designated with the municipal and domestic supply (MUN) beneficial use. Application of the Nitrate Control Program to discharges that are subject to Central Valley Water Board authority is being implemented based on priorities set forth in the Basin Plan Amendments.
4. The Nitrate Control Program, as adopted by the Central Valley Water Board, identifies the following six Priority 1 groundwater basins/sub-basins: Kaweah, Turlock, Chowchilla, Tule, Modesto, and Kings; the following Priority 2 groundwater basins/subbasins: Yolo, Eastern San Joaquin, Delta-Mendota, Merced, Madera, Tulare Lake, Kern County (Westside South), and Kern County (Poso); and designates the remaining areas as non-prioritized areas. 1 Compliance with the Nitrate Control Program is triggered by the issuance of a Notice to Comply from the Central Valley Water Board to permittees that discharge nitrate to 1 The groundwater basins'subbasins names and boundaries identified in this Agreement are from the Department of Water Resources Bulletin 118 as it existed in 2014 and as incorporated into the Basin Plan.
groundwater. Upon receipt of the Notice to Comply, permitted dischargers need to select one of two pathways for complying with the Nitrate Control Program.
5. The Notice to Comply, as set forth in the Basin Plan Amendments, requires those that are permitted by the Central Valley Water Board to either meet the new requirements through an individual permitting approach (Pathway A) or voluntarily work with other permittees as a Management Zone (Pathway B).
6. Voluntary participation in a Management Zone is considered by the Central Valley Water Board to be an alternative compliance pathway to traditional permitting approaches and includes incentives that allow those voluntarily selecting Pathway B significant additional time to comply with the Nitrate Control Program.
7. Irrigated agriculture is permitted to discharge nitrate through the issuance of General Waste Discharge Requirements that apply to Members of Third Party Groups and recognized Third Party Groups (Ag Coalitions) receive the Notice to Comply for growers that are Members of that Third Party Group. As directed in the General Waste Discharge Requirements issued by the Central Valley Water Board, Ag Coalitions select the compliance approach (i.e., pathway) for its Members to comply with the Nitrate Control Program.
8. The Central Valley Dairy Representative Monitoring Program (CVDRMP) conducts monitoring on behalf of its dairy and bovine members and assists them with compliance with the Central \/alley Water Board's Nitrate Control Program. The CVDRMP selects the compliance approach (i.e., pathway) for its Members for complying with the Central Valley Water Board's Nitrate Control Program.
9. On May 30, 2020, the Central Valley Water Board sent a Notice to Comply with the Nitrate Control Program to nitrate permitted dischargers and Ag Coalitions that have Members within the boundaries of the six identified Priority 1 basins.
10. On December 29_. 2023, the Central Valley Water Board sent a Notice to Comply with the Nitrate Control P-ogram to nitrate permitted dischargers and Ag Coalitions that have Members within the boundaries of the eight identified Priority 2 basins.
11. Permitted dischargers of nitrate need to inform the Central Valley Water Board of their decision to either elect Pathway A or Pathway B. For Members of Ag Coalitions, the Ag Coalition informs the Central Valley Water Board of its choice on behalf of its Members.
For Members of the CVDRMP, the CVDRMP informs the Central Valley Water Board of its choice for its Members located in the relevant groundwater basin/subbasin and their selection of Pathway B by virtue of participation in the CVDRMP.
12. A Management Zone is defined to mean "[al discrete and generally hydrologically contiguous area for which permitted discharger(s) participating in the Management Zone collectively work to meet the goals of the SNMP and for which regulatory compliance is evaluated based on the permittees collective impact, including any alternative compliance 2
programs, on a defined portion of the aquifer. Where Management Zones cross groundwater basin or sub-basin boundaries, regulatory compliance is assessed separately for each basin or sub-basin. Management Zones must be approved by the Central Valley Water Board."
13. For those permitted dischargers that received the May 30, 2020 Notice to Comply and selected Pathway 8, the time to submit Preliminary Management Zone Proposals and Early Action Plans, Final Management Zone Proposals and Management Zone Implementation Plans occurred between March 2021 and September 2023, and all documents were submitted timely.
14. For those permitted dischargers that received the December 29, 2023, Notice to Comply and voluntarily decide to participate in a Management Zone, which includes Ag Coalition and CVDRMP representatives on behalf of their Members, a Preliminary Management Zone Proposal and Early Action Plan must be submitted to the Central Valley Water Board no later than December 28, 2024.
14. Permitted dischargers voluntarily working together as a Management Zone are responsible for developing and submitting a Final Management Zone Proposal within 180 days after Central Valley Water Board review of the preliminary proposal.
15. Six months after the Central Valley Water Board's Executive Officer accepts the Final Management Zone Proposal, the permittees, working voluntarily and collaboratively as a Management Zone, are responsible for developing and submitting a Management Zone Implementation Plan to the Central Valley Water Board.
16. Central components of the Central Valley Water Board's Pathway B alternative compliance approach include the need for permittees to be responsible for a program that tests domestic drinking water wells, provide access to safe drinking water when a drinking water well exceeds the nitrate drinking water standard of 10 mg/Land identify long-term drinking water solutions.
17. The Valley Water Collaborative (VWC) is a nonprofit public benefit corporation created to maintain and improve the quality of life within the Modesto, Turlock, Delta-Mendota, Eastern San Joaquin, Merced and Madera groundwater basins/subbasins (collectively referred to hereafter as the Region) located within the Central Valley by providing groundwater testing and free drinking water to residents in the Region who are impacted by nitrate contamination. The VWC also seeks to improve quality of life in the Region by identifying long-term drinking water needs for those in the Region that are impacted by nitrate contamination.
18. The Central Valle'{ Water Board, at its sole discretion, may determine that permittees voluntarily contri:Juting to the VWC's efforts to improve quality of life in the Region otherwise satisfies a permittees responsibilities and obligations under Pathway B of the Nitrate Control Program.
3
TERMS OF VOLUNARY CONTRIBUTION AGREEMENT
The Parties agree as follows:
1. Contributor has voluntarily determined, on its own accord, to voluntarily participate and contribute to VWC's program to improve quality of life in the Region.
2. As part of its efforts to improve quality of life in the Region, VWC agrees to make publicly available final reports and plans and data relied on for final reports and plans, except as limited by paragraph 12 of this Agreement, so that the Contributor may use such information to meet its responsibilities and obligations under the Nitrate Control Program and as directed by the Central Valley Water Board.
3. Contributor understands that the Contributors' contributions will be used to support VWC in fulfilling its mission to maintain and improve the quality of life in the Region and to support VWC's e"forts to provide access to safe drinking water for residents, and by engaging in activ ties with the goal of protecting or enhancing the quality of groundwater used as drinking water for residents in the region.
4. VWC agrees that VWC's Board of Directors will include contributors from all of the groundwater basins/subbasins in the Region and that each groundwater basin/subbasin in the Region will have at least one director position on the VWC Board of Directors. VWC agrees that all ot,er director positions, i.e., those not specifically designated for each groundwater basin/subbasin, may be filled by any Contributor from any of the groundwater basin/subbasins that are within VWC's Region.
5. VWC agrees that to ensure that VWC fulfills its mission throughout the Region that it will form and administer subcommittees of the Board of Directors for each groundwater basin/subbasin. The groundwater basin/subbasin specific subcommittees will be comprised of Contributors or a representative of Contributors (e.g., irrigated agriculture through Ag Coalition representatives and dairies through CVDRMP representatives) that have agreed to contribute to the VWC to help support VWC in fulfilling its mission to maintain and improve the quality of life in the Region and to support VWC's efforts to provide access to safe drinking water for residents. The subcommittees may make recommendations to the VWC Board of Directors with respect to matters and activities that apply in whole or part to the subcommittee's groundwater basin/subbasin of concern.
6. Contributor will be notified annually of its requested financial contribution to support VWC's efforts to improve quality of life in the Region.
7. The Parties agree to cooperate in seeking alternative funding sources for development and implementation of the program and the implementation thereof. 4
8. Contributor understands that compliance with the Nitrate Control Program is determined by the Central Valley Water Board and the Central Valley Water Board may assess compliance separately for each groundwater basin/subbasin that is in the Region.
9. As part of its program, the VWC will make available to the public, including the Central Valley Water Board, its final plans, reports, and any data relied on to develop final plans and reports, except as otherwise limited by paragraph 16 of this Agreement.
10. Contributor may terminate this Agreement at any time upon giving a minimum of thirty (30) days' express written notification to the VWC. Any contributions made to VWC by a withdrawing Contributor prior to giving notice of withdrawal belong to the VWC as a public, nonprofit benefit corporation and are not reimbursable by VWC to the withdrawing Contributor.
11. Contributor understands that, upon request by the Central Valley Water Board, VWC will convey to the Central Valley Water Board those contributors that support VWC's program and the identification of any former contributors that no longer support VWC's program.
12. The Parties shall indemnify, defend, and hold harmless the other Party, its officers, directors, members, managers, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party arising out of or occurring in connection with a Party's negligence, willful misconduct, or breach of this Agreement.
13. The Parties acknowledge that by contributing to VWC and supporting VWC's programs, the parties make no representations or admissions whatsoever with respect to nitrate levels and possible contamination in groundwater that may exist within the Region.
14. The Parties, along with other VWC contributors, agree to work cooperatively to develop and implement VWC's mission to improve quality of life in the Region and shall not use information obtained through the development and implementation of VWC's mission to cause material harm the other Party to this Agreement or other contributors to the VWC.
15. To the extent allowed by applicable law and State Water Board Order WQ 2018-0002, if VWC receives or obtains access to certain confidential information associated with Groundwater Protection Formula, Value and Target information, and Irrigation and Nitrogen Summary Report Data from irrigated agricultural coalitions subject to relevant General Waste Discharge Requirements to assist in development of VWC's program, VWC will take all reasonable steps to maintain confidentiality of such data and information. 5
•
16. The Agreement shall be interpreted and enforced pursuant to the laws of the State of California. It is agreed that in the event of any litigation arising hereunder, the Parties hereto shall submit to the jurisdiction of any court of competent jurisdiction within the State of California, County of Stanislaus.
17. No waiver by anv Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
18. If any provision of the Agreement is found invalid or unenforceable, the balance of the Agreement shall remain in full force and effect .
19. The Agreement may be executed in counterparts with the same force and effect as if executed in one complete document by all Parties.
20. This Agreement contains the entire agreement between the Parties with respect to the matters set forth in it. Any modifications, revisions, or changes to this Agreement must be made in writing and signed by both Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement effective on the date set forth above.
VALLEY WATER COLLABORATIVE
By: _____________ _ Date: _______ _
Signature of VWC Board Chair
Print name of VWC Board Chair
CONTRIBUTOR
Entity Name: __________ _ Date: --------
By: _____________ _
Signature of Contributor authorized representative
Print name of Contributor authorized representative
6
Entity Information
Entity Name:
Mailing Address:
Physical Address:
Subbasin(s) for which D Modesto
this Agreement Applies: D Turlock
D Merced
D Eastern San Joaquin
D Delta-Mendota
D Madera
CV Salts ID Number(s):
(This ID number is assigned
by the Regional Water Board.
It can be found on your
Notice to Comgl~.)
Primary Entity Contact
Name:
Phone:
Email:
Request for Contribution Statement Contact
Should the individual YES 0 NO 0
above receive the VWC
Request for Contribution If "NO" please include the contact information for the individual~ below.
Statement?
Name:
Phone:
Email:
7
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
STAFF REPORT e -
.
A Resolution of the Mayor and City Council of the City of Livingston Authorizing an Additional Expense for Ricky Ricardo Productions to Cover Insurance Expenses for the 4th of July Event.
August 6, 2024
Christopher Lopez., Interim City Manager
RECOMMENDATION:
On June 10, 2024, the Mayor and City Council approved a Resolution authorizing the Interim City Manager to execute an agreement with Ricky Ricardo Productions for musical entertainment and a jaripeo the 4th of July Event. The total not to exceed amount for that contract was $12,500.
Based on the City's standard agreements, and due to the high risk nature of the jaripeo, the City Attorney recommended insurance coverage for the event to be provided by Ricky Ricardo Productions. This expense was not originally included in their proposal.
Ricky Ricardo Productions is now seeking the City to cover the cost of the insurance, which totaled $761.
Staff is recommending that the Mayor and City Council adopt a resolution authorizing staff to cover this increase in cost.
Attachments:
1. Resolution
2. Invoice
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
AUTHORIZING AN ADDITIONAL EXPENSE FOR RICKY RICARDO PRODUCTIONS TO COVER INSURANCE EXPENSES FOR THE 4rtt OF JULY EVENT
WHEREAS, the City held a 4th of July celebration in the City of Livingston; WHEREAS, the City Council has appointed two Council members to serve on an Ad-Hoc Committee to develop recommendations regarding the 4th of July event; WHEREAS, :he City Council authorized the Interim City Manager to execute an agreement with Ricky Ricardo Productions on June 8, 2024 for a not to exceed amount of $12,500;
WHEREAS, R.icky Ricardo Productions was required to provide insurance for the services provided to the City in the amount of $761.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:
Section 1. The City Council authorizes the Interim City Manager to approve an additional payment of $761 to cover insurance expenses for the event.
Section 2. That the Finance Department is authorized to take any and all actions necessary to carry out the above-mentioned actions.
I hereby certify that the foregoing Resolution No. 2024-_ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 6th Day of August, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST
Monica Cisneros, Deputy City Clerk
01424.0001/910135.1
By:----------- Jose A. Moran, Mayor
of City of Livingston
Resolution No.
APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
BILL TO
Ricky Ricardo First Choice
Entertainment
DATE
07/03/2024 Services
Jaime Fuentes Insurance Agency, Inc.
7313 N Pacific Ave
SHIP TO
Livingston, CA 95334
+ 1 2093943999
[email protected]
www.fuentescorp.com
Ricky Ricardo First Choice
Entertainment
QTY
INVOICE # 2803
DATE 07/03/2024
DUE DATE 07/03/2024
TERMS Due on receipt
761.00 761.00
7th Of July Rodeo Livingston CA
Thank you, for your business!!!!! SUBTOTAL
TAX
TOTAL
BALANCE DUE
761.00
0.00 761.00
$761.00
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Waive First Reading of the Ordinance by Title Only and Approve Ordinance of the City Council of the City of Livingston Repealing and Replacing Chapter 2-4, of Title 3 of the Livingston Municipal Code Pertaining to Itinerant Vendor.
August 6, 2024
Roy Santos, City Attorney
Christopher Lopez, Interim City Manager
RECOMMENDATION:
Waive First Reading of the Ordinance by Title Only and Approve Ordinance of the City Council of the City of Livingston Repealing and Replacing Chapter 2-4, of Title 3 of the Livingston Municipal Code Pertaining to Itinerant Vendor.
BACKGROUND:
On December 5, 2023, the Mayor and City directed the City Attorney to update and revise the Municipal Code related to Restaurant on Wheels. During this discussion, small businesses stated that they were unable to operate in the City due to the restrictions in the Municipal Code.
The update addresses portable carts or motor vehicles for the purpose of selling any goods, wares, merchandise, fruits, or vegetables. The revised ordinance requires those who wish to engage in this type of activity to first obtain a business license and permit in accordance with the revised ordinance.
The permit application process is summarized below:
Applicants for vendor permits under this chapter shall file with the city clerk a sworn applica:ion in writing on a form to be furnished by the city, so a background check can be performed by the city. The application shall contain the following information:
(1) Name, height, weight, eye color and hair color;
(2) Date of birth, driver's license number, Social Security number, tax identification number or state of California identification card; (3) Permanent home address and telephone number;
~4) Local address and telephone number;
'.5) A brief description of the business or activity to be conducted; (6) If employed, the name, address and telephone number of the employer, or if acting as agent, the name, address and telephone number of the principal who is being represented, with credentials establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be; (7) The length of time for which the permit is desired;
(8) Two photographs of the applicant, taken within sixty (60) days immediately prior to the date of filing of the application, measuring two (2) inches by two (2) inches, and showing the head and shoulders of the applicant in a clear and distinguishing manner; (9) A statement as to whether or not the applicant has been convicted of any criminal offense, whether felony or misdemeanor within the last ten (10) years. Applicant shall provide information detailing any such offense, the date and place of conviction, the nature of the offense, and the punishment or penalty assessed therefor; (10) Proof of possession of any license or permit which, under federal, state, or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this chapter.
(11) If a vehicle is to be used, the application must include a description of each vehicle to be used, with license number, make and model. (b) Applicant shall be fingerprinted by the Livingston Police Department or via the California Department of Justice LiveScan system and agree to a criminal history records check conducted by the city based upon their fingerprints.
(c) Applicant shall sign an authorization form for the city to seek verification of the information contained within the application, including, but not limited to, the prospective permittee's criminal history.
All operational departments have reviewed the ordinance and no issues have been identified.
One newly established business has provided their desire to have the code amended to allow for temporary food vendors as permitted under the proposed ordinance.
COUNCIL DIRECTION
Based on the language of the ordinance, Council can direct that staff develop the following:
1. Charge for an application fee and permit fee in one single charge
2. Charge a separate application fee and a separate permit fee All fees should be reasonably proportionate to the cost of the services being provided; however, the fee can include administrative costs for processing the applications and enforcing the ordinance.
Based on Council direction, staff would bring back a proposed fee in the future which would be reviewed by the City Attorney to ensure compliance with all applicable laws.
ATTACHMENTS:
1. Municipal Code Section 3-2-8 Restaurant on Wheels (Existing)
2. Proposed Ordi:,ance
§ 3-2-1 GENERALLY.
The rates of the license tax for the businesses, trades, occupations and employments named in this chapter are, and the same are fixed in and for the city, in accordance with this chapter and the same shall be paid by any person engaged in or about to engage in, or carrying on or about to carry on the same in the city. When a license can be measured by gross receipts as defined in § 3-2-2(B) of this chapter, the Finance Officer is authorized to license such business under § 3-2-2 of this chapter, whether or not such business is specifically set forth under a flat rate license section of this chapter. (Ord. 284, passed 6-13-1985)
§ 3-2-2 GROSS RECEIPTS.
(A) Generally. Every person conducting, carrying on or managing a retail business from a fixed place of business within the city shall pay an annual registration tax of $60, and in addition thereto shall pay a business license tax equal to one mil on each dollar of average monthly gross receipts, computed quarterly and payable quarterly on forms provided by the city. (B) Gross receipts defined. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
GROSS RECEIPTS. The total amount of the sale price of all sales, the total amount charged or received for the performance of an act, service or employment of whatsoever nature it may be, whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not, for which a charge is made, including all receipts, cash credits and property of any kind or nature, without any deduction therefrom on account of the costs of the property sold, the costs of the material used, labor or service costs, interests paid or payable, losses or any other expenses whatsoever; provided, that cash discounts allowed or taken on sales shall not be included and this section shall not be construed to impose any tax upon any business or transaction which the city is not authorized to license or tax under any law of the state or the United States. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of any property previously sold returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale, shall be deducted for the purpose of determining gross receipts under this section.
(Ord. 284, passed 6-13-1985; Ord. 405, passed 6-2-1992) § 3-2-3 LICENSE TAX; FLAT FEE.
(A) The following businesses will pay a flat fee license tax of $60 per year:
1. Amusement rides;
2. Auctioneer;
3. Auto or horse races or similar type events;
4. Barbershop;
5. Beauty parlor;
6. Billiard or pool hall;
7. Billposting;
8. Boarders;
9. Bowling alley or bocce alley or handball court;
10. Brokers;
11. Campground or trailer court;
12. Cannery, packing house, manufacturing plant;
13. Christmas related merchandise;
14. Coin operated sound motion picture machines;
15. Concrete pipe laying;
16. Convalescent home;
17. Creamery;
18. Dances;
19. Directories;
20. Dry cleaning, laundry;
21. Feats or performances;
22. Finance or lending agency;
23. Hauling;
24. Home occupation;
25. Hospital;
26. Junk dealer, secondhand store;
27. Livery or feed stable;
28. Minstrels;
29. Newspaper;
30. Nursery;
31. Nursing home;
32. Parking lot;
33. Pawnshop;
34. Peddling sewing machines, organs and office equipment;
35. Phonographs or mechanical musical instruments;
36. Photographic studio;
37. Professions;
38. Radio broadcasting;
39. Real estate office;
40. Service station;
41. Shoeshining;
42. Shooting gallery or skating rink;
43. Shuffleboard;
44. Sideshow signs;
45. Supplying or distributing milk;
46. Tailor shop;
47. Tobacco store;
48. Tombstones;
49. Trained animals;
50. Traveling merchant;
51. Traveling photographer;
52. Undertaker;
53. Vending machines; and
54. Warehouse.
(B) The following businesses will pay a flat fee license tax as follows:
Carnival $600 per week
Circus $120 per day
Contractors $120 per year or $40 per quarter
Fortune teller $100 per day
Restaurant on wheels $25 per quarter
Theaters/shows $54 per quarter, $30 per day or $120 per week if not a fixed place of business
Vending vehicles and
pushcarts $15 per quarter per vehicle plus a $25 registration fee (Ord. 405, passed 6-2-1992; Ord. 430, passed 2-15-1994) § 3-2-4 ITINERANT VENDOR.
(A) Every person engaged in the business or occupation of itinerant vendor shall pay a license fee of $100 per day. (B) ITINERANT VENDOR means and includes all persons, both principal and agent, who engage in a temporary and transient business in the city, selling different articles of wearing apparel, dry goods, fancy foods, notions, jewelry, cutlery, groceries,
machinery, vehicles of all kinds and types, hardware, tinware, mill products or merchandise of any class or character, with the intention of continuing such business in the city for a period of not more than 120 days and who, for the purpose of carrying on such business, has no fixed place of business or hires, leases or occupies any room, building or structure therein for the exhibition or sale of such items and articles as set forth above, or from which room, building or structure the sales are to be made or business solicited by means of samples or delivery from house to house; any such person or firm so engaged shall not be relieved from the provisions of this section by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such temporary or transient business in connection with, or as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
1. License required. No person, except a person having a fixed and permanent place of business in the city, and duly licensed to so engage in such business at such fixed and permanent place of business under the provisions of this chapter shall:
(a) Engage in the business of hawking, peddling or vending goods, wares, merchandise, periodicals, reading matter, pictures, foodstuffs, services, advertising or any other article or thing of any kind or nature whatsoever, from door to door, house to house, or building to building, or from or upon the streets, alleys, parks or other public places of the city, or from any hotel, motel, rooming house, trailer house, or other enclosure or place, on foot or from or in any vehicle of any nature whatsoever, either by sample or by taking or soliciting orders for immediate delivery or for delivery in the future; (b) Engage in the business of photography, portraiture, photochromography, operating a photograph studio, taking pictures or any other branch of the photographic art whatsoever, or the rendering or performing of any other skill, profession or service, whether from door to door, house to house or building to building, or from or upon the streets, alleys or other public places of the city, or from any motel, hotel, rooming house, trailer house, enclosure or other place, on foot or from any type of vehicle whatsoever; or (c) Engage in the business of soliciting orders for photographs, peddling tickets, certificates or other documents intended to apply in whole or in part payment for photographs, frames or other photographic merchandise, or other material or in any other manner whatsoever engage in the business of or soliciting orders for any branch of the photographic art in any respect, including copying, retouching, enlarging or coloring of photographs or photograph negatives and prints, or for the rendering or performing of any other skill, profession or service, without first having applied for a license to so engage in such businesses in conformity with the requirements of this chapter and without first having been issued the license to engage in such businesses pursuant to the application as provided for in subsection (B)2. of this section. No person shall be relieved from the provisions hereof or of any other section of this chapter by reason of associating temporarily with any local dealer, trader, merchant or auctioneer having a fixed place of business in the city, or by conducting a temporary, transient or itinerant business in connection with or as part of or in the name of any such local dealer, trader, merchant or auctioneer having a fixed place of business within the city.
2. License, application. All applicants for licenses under the provisions of the subsection (B)1. of this section must pay to the Finance Director an application fee of $5 and must make application therefor to the Finance Director of the city upon forms provided by the city, which forms shall require the following information from the applicant:
(a) Full name, permanent business address, local business address and residence address of the applicant, if an individual, or its authorized representative, if other than an individual applicant; the nature of the applicant, the full names, ages, addresses and that is, whether individual, partnership, firm, corporation or otherwise; and occupations of each person who shall actually vend, solicit or otherwise engage in any act whatsoever within the city required by this chapter to be licensed on behalf of or for the applicant, whether as principal, agent, servant, employee, associate, partner, representative or otherwise; and (b) A specific description of the article or service proposed to be sold, vended or performed, whether for immediate or future delivery or performance and the proposed method of delivery and performance, including information as to whether such sales will be made by quantity, weight, quality, package or otherwise and whether delivery or performance will be made personally or by mail or in what other manner.
3. Documents to accompany application. In the event any form, contract, order blank, warranty, agreement or other written or printed document is to be signed by the purchaser or person receiving the property or service or is involved in any manner otherwise in the business of the applicant for a license as an itinerant peddler, solicitor, vendor or photographer, the application form must be accompanied by a copy of such form, contract, order blank, warranty, agreement or other written or printed document.
4. Photograph required. Each application for a license as required by this chapter must be accompanied by two prints of a recent photograph of each individual person who shall actually engage in vending, selling, soliciting, peddling or doing any other act required under this chapter, to be licensed, whether as principal, agent, servant, employee, associate, partner, representative or otherwise, which photographs shall not exceed two inches square in size and shall be full front views of the face and head only of such persons.
5. Cash deposit or bond required. In each case where it appears that the applicant will or may demand, accept or receive payments or deposits of money or property in advance of final delivery or performance of services, the application shall be accompanied by a cash deposit of $1,000 or by a bond to the city in the penal sum of $1,000 issued by a surety company authorized to do business within the state. Such bond shall be conditioned for making final delivery of goods, wares or merchandise or for final performance of services to be performed in accordance with the order, agreement or contract entered into, and failing therein, the advance payment or deposit on such order shall be refunded or returned. Such cash deposit or bond, as the case may be, shall remain in full force and effect and be retained for a period of 90 days after the expiration of any such license or the termination of any action upon such bond or deposit of which the Finance Director shall have been notified, unless sooner released by the Finance Director.
6. Fee. Each application for a license shall be accompanied by such license fee as may be set forth in this chapter, unless exemption therefrom is approved by the city.
7. Fingerprints required. At the time of making the application for a license, as required by subsection (B)5. of this section, each individual person, whether as principal, agent, servant or employee who shall actually engage in selling, soliciting, vending or doing any other act covered under the provisions of the above mentioned subsection, shall present himself or herself at the office of the Chief of Police of the city for the purpose of being fingerprinted and supplying routine information required on the fingerprinting forms
provided without expense by the city, including the physical characteristics of each person, identifying marks or scars, age, name, address and signature. Such fingerprint records are to be taken in triplicate and each individual so presenting himself or herself is advised that the city reserves the right to retain one of such fingerprint records, to the Federal Bureau of Investigation of the Department of Justice at Washington, D.C., and to the Criminal Investigation Department of the California Department of Justice at Sacramento, California, for the purpose of filing. No fingerprint records will be returned in the event the license applied for is not issued or is subsequently suspended or revoked.
8. Fee exemption. The following individual applicants shall be exempted from the payment of the license fees in this chapter, but must comply otherwise fully with the applicable requirements as to applications, fingerprinting, bonds and pictures:
(a) Every individual person exempted as an honorably discharged or honorably relieved soldier, sailor or marine under the provisions of Cal. Business and Professions Code § 16001. Such exemptions shall apply only to an individual applicant engaged in peddling, vending or soliciting for and by himself or herself alone, and shall not apply to any individual applicant, otherwise entitled to such exemption, who employs agents, servants or employees in such activities, nor apply to any other type of applicant, of which a person, otherwise entitled to such an exemption is an officer, member, agent or employee. All claims for such exemptions shall be referred to the veteran’s service officer of the county for investigation and recommendation; (b) Every individual person selling and vending farm fruits and vegetables grown and produced by his or her own labor on real property belonging to or possessed by him or her, or selling or vending on property, where the property owner has been granted a conditional use permit for the sale of farm fruits and vegetables; (c) Every applicant claiming to be entitled to exemption from the payment of any license provided for in this chapter upon the ground that such license casts a burden upon his or her right to engage in commerce with foreign nations or among the several states, or conflicts with the United States Constitution or the regulations of the United States Congress respecting interstate commerce or any other matter, shall file a verified statement with the Finance Director of the city disclosing the interstate or other character of his or her business entitled to such exemption. Such statement shall state the name and address of the company or firm or group for which the orders are to be solicited or secured or the sale made, the name of the nearest local or state manager, if any, and his or her address, the kind of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or delivered, the method of solicitation or taking orders, the location of any warehouse, factory or plant in the state, the method of delivery, the name and address of the applicant and any other facts bearing on the issues of exemption. All claims for such exemptions shall be referred to the City Attorney for investigation and recommendation; and (d) Any individual who presents his or her goods and/or services for sale at a residence, where the resident has specifically invited said vendor to his or her residence for said presentation for sale, except that such presentations for sale shall not exceed four times per year per residence.
9. Identification card, issuance.
(a) The character and fitness of every applicant shall first be investigated by the Police Department before any license or identification card shall be issued. After conducting such investigation, if the Police Department finds that the character, reputation or fitness of any such applicant is good, the Department shall notify the Finance Director, who shall issue the license and identification card in accordance with this section. If, after conducting such an investigation, the Police Department finds that the character, reputation or fitness of any such applicant is bad, then the Police Department shall recommend the denial of such license and identification card, which recommendation shall be transmitted to the Finance Director. The Finance Director shall thereupon notify the applicant of such fact.
(b) Upon the receipt of the application accompanied by the required documents, the approval of the Police Department and appropriate fees, if any, the Finance Director shall issue a business license to the applicant and individual identification cards to all persons who shall actually solicit for or on behalf of the applicant, whether as principal or otherwise. Such identification card shall have affixed to it one of the pictures filed by the applicant, and shall contain reference to the issuance of the license, a description of the individual to whom issued, date of expiration and the signature of the individual to whom issued. In case the applicant claims an exemption from the payment of license fees under the provisions of subsection (B)8. of this section, the Finance Director shall issue such license only after he or she has reviewed the reports and recommendation of the county veteran’s service officer, the agricultural commissioner of the county or the City Attorney, as the case may be, and is satisfied therefrom that the applicant is entitled to the exemption.
10. License and identification card to be carried on person. Each applicant for a license, or if other than individual, its representative, must at all times retain in his or her possession the business license issued by the Finance Director and each person issued an identification card must retain the same in his or her personal possession at all times while engaged in the business so licensed within the city and must produce and show the same on the demand of any person solicited or of any police officer or official of the city. No license or person issued an identification card shall alter, remove or obliterate any entry made upon such license or card or deface such license or card in any way. Each license and card shall be personal and not assignable or transferable, nor shall any license or card be used by any person other than the licensee or the person for whom issued.
11. Conditions and regulations applicable to license. The following conditions and regulations shall also apply to the exercise of the privileges granted by licenses issued under the provisions of this chapter in addition to those set forth in other parts of this chapter or elsewhere in this code.
(a) Shouting, horn blowing, calling wares. No person acting under authority of any license issued pursuant to this chapter shall shout, blow horns or call his or her wares in a loud, boisterous or unseemly manner, or to the disturbance of citizens in the city. (b) Identification by comparing signature with that on license. Every licensee or holder of an identification card, upon the request of any police officer or other officer of the city, shall sign his or her name for comparison with the signature upon the license or card or the signature upon the license application.
(c) Orders to be written in duplicate. Any person acting under authority of any license issued under this chapter who solicits orders for future delivery shall write each order at least in duplicate, plainly stating the quantity of each article or commodity ordered,
the price to be paid therefor, the total amount ordered and the amount to be paid on or after delivery. One copy of such order shall be given to the customer.
(d) Loitering on streets, or private property. No licensee or his or her agent, servant or employee shall stop or remain in any one place upon the streets, alleys, or public places in the city longer than necessary to make a sale to a customer wishing to buy, except by prior permission of the City Manager, nor shall any licensee or his or her agent, servant or employee stop or remain upon any private property within the city without the consent of the owner thereof or some person having authority to grant such permission.
12. Revocation and suspension. In the event that the Chief of Police of the city has reasonable cause to believe and does believe that any licensee or other person employed by or representing such licensee is violating any of the provisions of this chapter or any other law or ordinance relating to the business of the licensee, he or she shall have power to and shall be authorized to suspend such license and all identification cards so issued. If no written appeal is filed with the City Clerk protesting such suspension within two days of the date of such suspension, such suspension shall be deemed permanent and all such licenses or identification cards issued thereunder shall be deemed revoked.
13. Appeals to City Council. In the event that any applicant desires to appeal from any order, denial of exemption, order of suspension or any other ruling of the Finance Director, the Chief of Police or any other officer of the city, made under the provisions of this chapter dealing with itinerant peddlers, solicitors, vendors, photographers and others, such applicant or any other person aggrieved shall file written notice of such appeal with the City Clerk and such matters shall be heard at the next regular meeting of the City Council, at which time the City Council shall hear and receive evidence, written and oral upon all matters involved. The decision of the City Council shall be final upon all parties concerned.
14. Solicitation unlawful where “No Peddlers” sign posted. It is unlawful for any person described in this section to perform or attempt to perform the acts described in this section by ringing the doorbell or knocking at the door or otherwise calling attention to his or her presence of or at any residence, whereon a sign bearing the words “No Peddlers”, or words of similar import is painted or affixed so as to be exposed to public view, and no such person described in this section shall perform or attempt to perform any of the acts described in this section in any building, structure or place of business whereon or wherein a sign bearing the words “No Peddlers” or words of similar import, is painted or affixed so as to be exposed to public view. (Ord. 405, passed 6-2-1992)
§ 3-2-8 RESTAURANT ON WHEELS.
Restaurants on wheels shall be subject to the following rules, regulations and requirements:
(A) Restaurants on wheels are subject to § 3-2-4 of this chapter, with the exception that one for every 5,000 population is allowed at a fixed location upon obtaining a use permit; and
(B) Taco trucks are classified as restaurants on wheels. (Ord. 429, passed 2-15-1994)
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON REPEALING AND REPLACING CHAPTER 2-4, OF TITLE 3 OF THE LIVINGSTON
MUNICIPAL CODE PERTAINING TO ITINERANT VENDOR
WHEREAS, the City of Livingston ("the City") has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and
WHEREAS, in September of 2018 the State Legislature enacted SB 946 creating new statues governing the activities of sidewalk vendors and the permissible regulations which public agencies may codify by local ordinance and/or resolution; and WHEREAS, pursuant to the City's express statutory authority and its police power, the City desires to enact reasonable regulations for itinerant vendors, solicitors and peddlers; and WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in preserving the peace and quiet of the neighborhoods within the City by regulating itinerant vendors, solicitors and peddlers; and WHEREAS, :he City seeks to regulate itinerant vendor parking given the limited spacing for vehicle parking ttroughout the city limits, but especially surrounding the city's local parks; and
WHEREAS, this Ordinance is intended to regulate itinerant vendor activities to ensure the health, safety and wel::are of both the vendor's and city residents utilizing the city parks, sidewalks and public common spaces; and
WHEREAS, nothing in this Ordinance shall be construed to: (1) allow any person to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity relating to itinerant vendors, solicitors and peddlers which is illegal under state or federal law; and WHEREAS, it is the intent of the City to regulate itinerant vendors, solicitors and peddlers activities within the boundaries of the City.
NOW THEREFORE, the City Council of the City of Livingston does hereby ordain as follows:
SECTION 1. The above recitals are incorporated are hereby by reference.
SECTION 2. The Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 1506l(b)(3).) It is also exempt because it consists cf regulations and restrictions on activities to assure the maintenance, restoration, or enhancement of natural resources and the environment by prohibiting environmentally destructive components of unregulated cannabis cultivation. (CEQA Guidelines §§ 15307 and 15308.)
01424.0001/998522.1 1
SECTION 3. Chapter 2-4, of Title 3, of the Livingston Municipal Code is hereby repealed and replaced with the Sections specifically identified below to read as follows:
Chapter 2-4
ITINERANT VENDORS
Section 2-4.010 Definitions.
The following words and phrases shall, for purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:
01424.0001/998522.1
(a) "Fixed place of business" means a fixed business place, location, building, room, stand or enclosure separate and distinct from any other business, in which goods, wares, merchandise, fruit or vegetables are kept, displayed or offered for sale to the public, regularly kept open with an agent in exclusive attendance for at least six hours per day, for at least five days per week. (b) "Itinerant vendor" means any person who sets up a temporary stand or place or uses a portable cart or motor vehicle as defined in the California Vehicle Code for the purpose of selling any goods, wares, merchandise, fruits or vegetables, or one who solicits orders for the sale of such goods, wares, merchandise, fruits or vegetables to be delivered at some future time or date.
Itinerant vendor does not include a merchant having a fixed place of business within the city, or his or her employee, who sells or solicits orders for the sale of goods, wares, merchandise, services, fruits or vegetables, after a prior approval, either oral or written, from the vendee. Itinerant vendor does not include a merchant who sets up a temporary stand or place as part of an approved farmers market. Itinerant vendors who set up on private property must secure written permission from the property owner or person having control of said property and said written permission must be in the possession of the vendor. Further, "Itinerant vendor" includes the terms "sidewalk vendor," "roaming vendor," and "stationary sidewalk vendor" as defined within Government Code section 51036. Lastly, "Itinerant vendor" includes the terms "Mobile food facility" as defined within California Retail Food Code (Cal Code), Section 11383l(a),which states any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. "Mobile food facility" does not include a "transporter" used to transport packaged food from a food facility, or other approved source to the consumer.
(c) "Peddler" means any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, carrying or transporting goods, wares, merchandise, or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes 2
deliveries to purchasers as part of the scheme to evade the provisions of this chapter.
(d) "Person" means any person, firm, corporation, association, club, society, or other organization.
( e) "Solicitor" means any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, for the purpose of taking or soliciting orders for the sale of goods, wares, merchandise, or personal property of any nature for future delivery, or for services to be performed in the future.
(f) Wherever the terms "selling" or "sales" are used herein, "buying" and "purchasing" shall be deemed included.
Section 2-4.020 Permits.
It is unlawful for any solicitor, peddler or itinerant vendor to engage in business within the city without first obtaining a business license and permit which complies with the provisions of this chapter, unless the activities of the solicitor, peddler or itinerant vendor are exempt from municipal regulation by state, federal or local law.
Section 2-4.030 Permit Application.
01424.0001/998522.1
( a) Applicants for vendor permits under this chapter shall file with the city clerk a sworn application in writing on a form to be furnished by the city, so a background check can be performed by the city. The application shall contain the following information:
(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Name, height, weight, eye color and hair color;
Date of birth, driver's license number, Social Security number, tax identification number or state of California identification card; Permanent home address and telephone number;
Local address and telephone number;
A brief description of the business or activity to be conducted; If employed, the name, address and telephone number of the employer, or if acting as agent, the name, address and telephone number of the principal who is being represented, with credentials establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be; The length of time for which the permit is desired;
Two photographs of the applicant, taken within sixty (60) days immediately prior to the date of filing of the application, measuring 3
two (2) inches by two (2) inches, and showing the head and shoulders of the applicant in a clear and distinguishing manner; (9) A statement as to whether or not the applicant has been convicted of any criminal offense, whether felony or misdemeanor within the last ten (10) years. Applicant shall provide information detailing any such offense, the date and place of conviction, the nature of the offense, and the punishment or penalty assessed therefor; ( I 0) Proof of possession of any license or permit which, under federal, state, or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this chapter.
(11) If a vehicle is to be used, the application must include a description of each vehicle to be used, with license number, make and model. (b) Applicant shall be fingerprinted by the Livingston Police Department or via the California Department of Justice LiveScan system and agree to a criminal history records check conducted by the city based upon their fingerprints.
(c) Applicant shall sign an authorization form for the city to seek verification of the information contained within the application, including, but not limited to, the prospective permittee's criminal history.
Section 2-4.040 Permit Fee.
At the time the application is filed with the city clerk, the applicant shall provide the city with a non-refJndable fee to process their application. The fee shall include an amount to cover the costs of fingerprinting, background checks as well as general review and processing of ~he application. In the alternative, the applicant may provide the city clerk with a completed background check performed by a third party vendor approved by the city. The amornt of the fee shall be established, and from time to time may be amended by. resolution of the city council.
Section 2-4.050 Permit - Investigation and Issuance.
01424.0001/998522.l
(a) The City Manager or his/her designee shall deny an application based upon any of the following grounds:
(I) The applicant has been issued a local or state permit or license to conduct itinerant vendor, solicitor or peddler activities at any other location within the state of California or another state and the permit or license was suspended or revoked, or the applicant has had disciplinary action relating to the permit or license.
4
(2) The applicant has been convicted of a serious or violent offense as listed within California Penal Code Sections 667.5 and 1192.7(c). (3) The applicant has been convicted of a misdemeanor involving theft, dishonesty, fraud, narcotics sales or narcotic trafficking within the five (5) years preceding the date of the application.
( 4) The applicant has been convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined within the Federal Controlled Substance Act, unless the applicant received a Certificate of Rehabilitation as defined in the Act.
(5) The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business practices as defined by the Livingston Municipal Code and/or state or federal law.
(6) The applicant is under the age of eighteen (18), or any age as may be set by state law.
(b) Upon approval of an application, the city shall deliver the required permit to the applicant. Such permit shall contain the signature and seal of the city clerk and shall show the name, address and photograph of the permittee, the class of vendor permit issued, the kind of goods or services to be sold or delivered thereunder, the amount of the fee paid, the date of issuance, and the length of time the permit shall be operative. It shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued. The city clerk shall keep a record of all active permits.
Section 2-4.060 Permit - Expiration.
All permits issued under the provisions of this chapter shall expire one (I) year from date of issuance, unless an earlier expiration date is noted on the permit.
Section 2-4.070 Permit - Badges.
The city clerk shall issue to each permittee, at the time of delivery of his or her permit, a badge, which shall be worn continuously by the permittee in such a way as to be conspicuous at all times while the permittee is conducting business in the city pursuant to such permit. The badge shall bear the appropriate words, e.g., "Permitted Vendor" or "Permitted Peddler," the period for which the permit is issued and the number of the permit, in letters and figures clearly discernible.
Section 2-4.080 Permit - Transfer Prohibited.
No permit issued under the provisions of this chapter shall be used or worn at any time by any person other than the person to whom it was issued.
Section 2-4.090 Permit - Exhibition.
01424.0001/998522.1 5
Every person required to be permitted under the provisions of this chapter shall exhibit his or her permit when requested to do so by any prospective customer or Livingston Police Department sworn officer or code enforcement officer.
Section 2-4.100 Entry Upon Signed Premises Unlawful.
It is unlawful for any person, while conducting the business of itinerant vendor, solicitor or peddler, wt.ether permitted or unpermitted, to enter upon any residential premises in the city where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on said premises, a nonilluminated flat sign of not more than one square foot bearing the words "No Solicitors," or words of similar import.
Section 2-4.110 Hours of Solicitation.
It is unlawful for any person, while conducting the business of itinerant vendor, solicitor or peddler, whether permitted or unpermitted, to enter upon any residential or public premises between the hours of eight (8:00) P.M and eight (8:00) AM. pacific standard time.
Section 2-4.115 Regulations Concerning Itinerant Vendors.
The following regulations shall apply to itinerant vendors as defined in Section 2-4.010:
(a)
(b)
(c)
(d)
01424.0001/998522.1
No itinerant vendor shall park or stand on a public sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act.
Itinerant vendors shall not stand or park in any parking lot of any public park in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act. Vendors within a park shall only park their vehicle, including but not limited to personal vehicle or mobile food truck, adjacent to a public park in spaces designated by signage. The designations shall be made and posted from time to time by the city manager or designee, who may limit the number of spaces for itinerant vendors.
Vendor vehicles, including but not limited to personal vehicle or mobile food truck, not parked within the designated parking spaces shall constitute a public nuisance and shall be subject to the provisions of the Livingston Municipal Code.
No chairs or tables are allowed to be placed on the sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act.
Vendors shall remove any debris from the sales, ensure a receptacle is available for the disposal of debris, and make sure that the area is kept clean. 6
( e) School Zones.No itinerant vendor shall stand or park within three hundred feet of any school zone weekdays, Monday through Friday, from eight (8:00) A.M. to four (4:00) P.M. except for holidays and when school is not in session.
(f) Public Streets. No itinerant vendor shall stand or park on any street in a commercial zone any truck, trailer, wagon or push cart in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act.
(g) Private Property. Itinerant vendors shall be permitted on developed private property only in commercial, industrial and open space zoning districts. The area occupied by each itinerant vendor on private property shall not exceed nine hundred square feet and shall be located on hard surface paving.
Itinerant vendors are prohibited in residential zoning districts. (h) Mobile Food Facility and/or Restaurant on Wheels. Itinerant vendors shall not be permitted to operate a mobile food facility and/or restaurant on wheels which remains at the same location, property or parcel for more than eight (8) hours or two (2) consecutive days.
Section 2-4.120 Enforcement Authority.
Any city police officer or code enforcement officer may require any itinerant vendor, solicitor or peddler, who is not known to such officer to be duly permitted to do so, to produce his or her permit, and to enforce the provisions of this chapter against any person found to be violating the same.
Section 2-4.130 Records.
City staff shall record any violations of this chapter on the permanent record of said permit kept pursuant to the provisions of subsection ( d) of Section 2-4.050 of this chapter.
Section 2-4.140 Permit - Revocation.
Permits issued under the provisions of this chapter may be revoked by the city, after notice and hearing, for any of the following causes:
(a)
(b)
(c)
01424.0001/998522.l
Fraud, misrepresentation, or false statement contained in the application for permit;
Fraud, misrepresentation, or false statement made by the permittee in the course of carrying on the business of vendor, solicitor or peddler; The violation of any provision of this chapter or the Livingston Municipal Code;
7
(d) Conviction of any crime involving theft, dishonesty, fraud, narcotics sales, narcotic trafficking or as identified within California Penal Code Sections 667 .5 and 1192. 7( c) and the Federal Controlled Substance Act.; (e) Conducting the business of vendor, solicitor or peddler in such a manner as to constitute a breach of the peace or create a threat to the health, safety, or general welfare of the public.
Section 2-4.150 Notice of Hearing on Revocation.
Notice of the hearing for revocation of a license pursuant to the provisions of Section 2-
4.140 of this chapter shall be given in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Said notice shall be mailed, postage prepaid, to the permittee at the address shown on the permit application or at the last known address of the permittee.
Section 2-4.160 Permit - Appeal Procedure.
Any person denied a permit or had a permit revoked under the provisions of this chapter shall have the right to appeal such action or decision to the city manager or his/her designee.
Such appeal shall be taken by filing with the city clerk, within ten (I 0) days after notice of the action or decision complained of has been mailed to such person's address as shown on his or her permit application form, or to such person's last known address, a written statement setting forth the grounds for the appeal. The city clerk shall transmit the written statement to the city manager or his/her designee and the city manager or his/her designee shall set a time and place for a hearing on the appeal. Notice of the time and place of such hearing shall be given to the appellant in the same manner as is hereinabove in this section provided for the mailing of notice of action or decision. The decision of the city manager or his/her des:gnee on such appeal shall be final and binding on all parties concerned.
Unless the governing ordinance or statute provides otherwise, if the appellant seeks further relief, the appellant shall file a petition for writ of mandate in superior court pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6 within ninety (90) calendar days of the date of the decision.
Section 2-4.170 Claims of Exemption.
Any person claiming to be legally exempt from the regulations set forth in this chapter, or from the payment of a permit fee as provided in Section 2-4.040 of this chapter, shall cite to the city clerk in statute or other legal authority under which exemption is claimed and shall present to the city clerk proof of qualification for such exemption.
Section 2-4.180 Penalty for Violations.
Any person who violates any of the provisions of this chapter shall be punished as follows:
01424.0001/998522.l
(a) With a permit:
An administrative fine not exceeding one hundred dollars ($100) for a first violation.
8
(2) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one (I) year of the first violation. (3) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year of the first violation. ( 4) Upon a fourth ( 4) violation of this chapter, the permit shall be rescinded.
(b) Without a permit:
(1) An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
(2) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. (3) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. (c) Failure to pay an administrative fine pursuant to section shall not be punishable as an infraction or misdemeanor.
Any other violation(s) of the Livingston Municipal Code shall be subject to the established enforcement and penalties of said municipal code.
SECTION 4: EFFECTIVE DATE.
This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
01424.0001/998522.1 9
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving the first reading, except by Title, at a regular meeting thereof held on the 6th day of August 2024, and adopted the Ordinance after the second reading at a regular meeting held on the __ day of ______ 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF LIVINGSTON
By:--------------
Jose Moran, Mayor
APPROVED AS TO FORM:
By: _____________ _
Roy C. Santos, City Attorney
Aleshire & Wynder, LLP
ATTEST
Monica Cisneros, Deputy City Clerk
I, ________________ , City Clerk of the City of Livingston, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Livingston on the date and by the vote indicated herein. 01424.0001/998522.1 10
CITY OF LIVINGSTON
Water Quality Related to Arsenic
Council Presentation
August 6, 2024
Outline
1. Well Location
2. Arsenic concentrations in existing wells
3. Considerations when selecting new well sites
4. Well No. 8A
5. Funding Options for Well No. BA Arsenic Treatment
6. Questions?
B -
• • ' !
! ~elf #1 1
k~ --- --•~.--...;--:...~----:: ~ 1~1.- , l • ··1
-_-:'/ .- t;.. _ ~ Weii #16
Well #8 (Existing) / ' ' it,-; - ;;. :§, (TCP Plant)
Well #BA (New) ! rr:= ~ ~ g ,.. . (Arsenic Plant)
i ~-~,. • . 1~}-EE~ ::t,~,c••
I - - • • - -::--ttlt . ·-./HJ.-
Well #19 (F) J ~:c··- •~-.wu:L
(TCP Plant) •• _ .. :;s_ -. • ,.i... ... , """ .- • -
1.5 MG Tank (F) - • ' ~tf.,~•1•· - ·ll]!: • ---t
~
-- ·, well#18(F) ·=:" '· - •
\... ·•-.. ___ .1~~: "",•,;f.·:~l!-~~ I'----- ;.;::.·~--- . • Well#9
Well #15
• (Standby) l . ,· _ '· ...,_~ ! :..I ......
Ef
rr,---
::fl'~~ili=
.----~ ____ ____ :t.tr:~:-::!:-::.t!. . _"T
' ~ • .:¥jf'~!
,\1~-:-•1.-:~.-: ~I:~ 1~•14r_ ..
·•:::::!.'u ··•• ''• , 1.0MG Reservoir(F)
< 'r, ' .:· ·- (TCP Plant (F))
l i11,1.!'. w~'11 #10
...
Well#7 .,....____,_,.
(Abandoned) "-....t}
j
--, - Well #14
:]
Well #13
;~_ . ,"'"~Arsenic:..:~}::
(Abandoned) 1 MG Tank
-:-~. .... -•-i ':: :.:l~ .. .g.
Well#17
(Arsenic ~la~t/.:::·
@
~ Well#1 __
------~- ....... ;, __ ... -- -
c,ty wens Mop L-~- C..Hornb
eo.-~ ............ --- ........ ~~-CI:.--
Fifi. ,'1
Arsenic Concentration in Existing City
Well No.
8 9
11 12
13*
14 15
16*
17*
Historical Arsenic
Concentration, µg/1
4.3-5.3
5.2-7.7
5.8-7.6
7.1-49
3.1-13
4.3-5.2
3-13
9-46
4.1-27
Source: CA Drinking Water Watch.
Wells
Arsenic MCL, µg/1
10 10
10 10
10 10
10 10
10 "*" represents sites with arsenic treatment facilities.
Depth to bottom of lowest
perforations, ft
295
322
280
290
331
305
270
462
394
60 50
'a,
40 :i
i::'
0 .:;
f
t:
~ 30
t:
0 u
·" t:
(I)
~ 20
10 0
7/6/2009
Iv
.. ~
4/1/2012
Existing City Wells and Arsenic Concentration
ANV\ h~ ~ ,~ •
/'\. _ ~-~1 ~ A. ~ L H \IV
12/27/2014 9/22/2017
Date
6/18/2020 3/15/2023
--Wells
--Well9
--well11
--Well12
--Well13
Well14
~ --Well15
--Well16
--Well17
12/9/2025
Considerations when selecting new well sites
1 . Availability of City owned land or possibility to acquire land
2. Replacing existing wells
3. Proximity to existing treatment facilities
4. Location dictated by development
5. Balance of system water sources
New Well Sites Considered
1. Replacement at Well No. 8
2. Replacement at Well No. 9
3. Replacement at Well No. 10
4. New Well No. 18
5. New Well No. 19
6. Existing Water Storage Tank Site
Arsenic Concentration in Test Wells
Arsenic Concentration at Various Depths
70 60
_ 50
en
1 c:
0 ~ 40
i:
"' u
C --Well SA Test Well 0
V 30
·" --Well 19 Test Well
C
(!/
~
<(
20 1 0
0 0 50 100 150 200 250 300 350 400 450 500
Depth of Sample Collected, ft
Well No. 8A Latest Arsenic Concentration
Depth of Sample Collected, ft Arsenic Concentration, µg/1 I 230 17 I
245 17
I 260 ND
275 17
285 17
295 18
305 17
315 18
325 16
335 31
Samples collected in June 2024
Well No. SA Progressive Arsenic Concentration
Well No. 8A Sampling Results
Date June 2020 October 2023 February 2024 June 2024
(Test Well) (Production Well at (Production Well at (Production Well at Discharge Pipe) various depths) isolated depths)
Average Arsenic 5.3 9.6 15 17
Concentration, µg/1
Options For Mitigating Elevated Levels
of Arsenic
1. Considered reducing overall depth of well or blanking (sealing) screened sections • Test well indicated that arsenic was most heavily concentrated below 350' however supplemental sampling has shown arsenic present throughout the well 2 . Short term solution
• Blending with existing Well No. 8
3. Long term solution
• Constructing Arsenic Treatment Facilities
• Estimated $3.oM to construct
• 9 month lead time for submittals and fabrication
• May be able expand scope in current DWSRF application to include arsenic treatment, but would create additional delays for receiving DWSRF funding.
Alternatively can be pursued as a stand alone project.
• Could size arsenic treatment to treat Well No. 8 and Well No. 18 • Arsenic filters would also treat for iron and manganese which is present in all City Wells
Cost Considerations
Well No. SA Construction Cost
Test Well $50K (completed in 2020)
Develop and Construct Well $4.oM
Alternative Well Site Construction Cost
Abandon Well No. 8A $1.2M (for work
already completed)
Test Well $100K
Develop and Construct Well $5.oM
Add Arsenic Treatment $3.oM (estimated) Add TCP Treatment $3.5M (estimated, ASSUMES Arsenic Treatment not needed)
Annual O&M for Arsenic Filters, $10K/year Annual O&M forTCP Filters, $50K/year Annual O&M forTCP Filters, $50K/year
10 Year Capital Cost $7.6M 10 Year Capital Cost $10.3M
*Estimate provided for budgetary purposes only and includes estimated soft cost and contingencies.
Funding Options for Well No. 8A
Arsenic Treatment
Funding Options Current Fund Balance Estimated Timeline SRF Loan 75% grant, 25% loan Application and obtaining project funding: August 2024- October 2025. Design and Bidding: August 2025-
TCP Fund $3.5 Million
Water Enterprise Fund $7.5 Million
Water Capital Fund $6.5 Million
January 2026. Construction: May 2026-July 2027
(36 months)
Design and Bidding: August 2024- January 2025.
Construction: May 2025- July 2026 (24 months)
Design and Bidding: August 2024- January 2025.
Construction: May 2025- July 2026 (24 months)
Design and Bidding: August 2024- January 2025.
Construction: May 2025- July 2026 (24 months)
*Timeframe is estimated based on current correspondence with vendors for treatment equipment and anticipated timeframes from Water Board to review funding applications. 13
Questions?
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
DISCUSSION:
STAFF REPORT
Discussion and Direction Regarding Recognition of Lupe and Aurora Garcia.
August 6, 2024
Christopher Lopez., Interim City Manager
Council member Jason Roth and Mayor Jose Moran have requested this item be discussed to provide direction regarding the recognition of Lupe and Aurora Garcia.
STAFF REPORT
1 AGENDA ITEM: Discussion and Direction Regarding the 4th of July Event Summary and Future 4th of July Events
MEETING DATES: August 6, 2024
PREPARED BY: Christopher Lopez, Interim City Manager
BACKGROUND:
On January 16, 2024, the Mayor and Council formed the 4th of July Standing Committee. The Council previously approved the schedule of events for the 4th of July event, and the details of the event have been included below for reference.
1. Fireworks show to be held on July 5, 2024 (Friday).
2. Schedule of events as follows:
Thursday—
July 4,
2024
Friday—July 5,
2024
Saturday—
July 6, 2024
Sunday—July
7, 2024
Carnival Carnival Carnival Carnival
Live music/
entertainment/dj
Live music/
entertainment/dj
Live music/
entertainment/
dj (Headliner
this day)
Car show(s)
Fireworks
Jaripeo (Rodeo)
Beer garden Beer garden Beer garden
Vendors Vendors Vendors Vendors
The Ad-Hoc committee was formed with Councilmember Maria Soto and Jatinder Mann who eventually resigned from his Council seat. The Ad-Hoc Committee is scheduled to disband on August 4, 2024.
The 4th of July event was held, and below is a summary of the revenues and expenditures for the event.
STAFF REPORT
2 Expenses
Category Amount
Advertising $3,500
Entertainment $26,200
Materials and
Supplies/Vendor Expenses
$11,049
Beer $1,112
Private Security $7,440
Special Event Insurance—
City Expense
$2,694
TOTAL $51,995*
Revenues
Category Amount
Carnival Ticket Sales $27,741
Parking $4,351
Beer Sales $8,657
Vendors $2,800
TOTAL $43,549*
*There are still minor outstanding items including reconciliation with beer sales/non-profit that providing staffing for the beer sales. Final reconciliation is not yet completed.
After the event was concluded, the Management Team met to debrief and discuss the event and gather feedback.
The information below was gathered from the Management Team with feedback from line level personnel which is included below for reference.
Public Works
1. The city restrooms were left almost unsanitary. The public was defecating on the floor, wiping feces on stall doors, not flushing the toilets, and leaving them in a state that was creating health and safety issues.
a. Public Works staff did close the restroom by the basketball court on Friday but opened them about 7 pm or 8 pm. This was due to a communication issue between PW management and staff. Staff closed the restrooms by the basketball court the next day (Saturday) but did open the restrooms by the patio. There was a lack of communication with the public informing them that the other restrooms were open.
i. During the next event there should be 4 to 5 units placed in the same area. b. When the city restroom by the basketball court was closed on Saturday, everyone was using the one porta pottie by the basketball court, most likely because they didn’t know the other restrooms were open by the patio or didn’t want to walk to the other 20 porta potties that were placed around the event.
2. Public Works staff was called frequently to assist.
a. There was not enough staff to water as much as was being requested. b. Public Works staff was needed to fuel the generator for the stage area.
STAFF REPORT
3 3. During the fireworks show, the show stopped, and the public started to leave, and the line was backed up, so staff opened the Campbell and Dwight intersection. The fireworks started to go off again, resulting in vehicles being let out prior to the show concluding. a. Recommendation to have better communication between staff and pyrotechnician to prevent this issue in the future.
4. The carnival sleeping quarter trailers were set up in the wrong area. They were assigned and provided information to set up in the dirt parking lot but set up in the basin. a. Their space zone was selected to minimize illegal dumping of grey water from their trailers, and to minimize broken sprinklers with all the heavy vehicles. b. This also does not allow the carnival to be spaced out and congests the footprint.
5. A suggestion from staff was that we should think about having a female supply and monitor the women’s restrooms because the guys had to try to shut them down before they could enter them and that created arguments from the public and the employees trying to stock the restrooms.
Police Department
1. The beer garden on Sunday was not separate from the other beer garden as the original site plan was designed. This was confusing for officers on scene, but they dealt with it.
2. There were issues with the carnival workers drinking and fighting prior to the carnival resulting in arrests.
3. Organization and coordination with more lead time is a good opportunity for the planning of the event.
4. Some officers heard the public complaining about long lines to get in, lack of restrooms, and not letting people bring in sealed water bottles.
DIRECTION
The following items are potential discussion items the Council may wish to discuss and provide direction on:
1. Whether it would like to continue using the Ad-Hoc model to oversee and manage the event
2. Whether the Council would like to enter into an agreement with Paul Maurer shows for a longer contract term
3. Any other items
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
STAFF REPORT
Livingston All Class Reunion Fee Waiver Request
August 6, 2024
Jacquelyn Benoit, Recreation Superintendent
RECOMMENDATION:
e
Staff recommends the council provide direction for fee waiver for Memorial Park use for the Livingston High School All Class Reunion to be held September 28, 2024.
BACKGROUND:
On January 4, 2024, Diane Dallas submitted a facility use form to the Recreation staff for the Livingston High School All Class Reunion to use Memorial Park Facilities to include the kitchen for their All Class Reunion on September 28, 2024.
Previously, the committee used the park for various events with no issues or complaints. As part of the City's requirements the group will be required to obtain and provide an insurance certificate, Additionally, Alcohol will not be permitted in the park and all other rules and requirements are requited for the use of the facility.
The City of Livingston has a Parks and Recreation Fee Policy in place which was adopted in 2008 and is attached for reference. The fee policy states, "Special non-profit groups/organizations, schools or organizations providing a free service to the community identified by the Recreation Department may be granted special consideration in the form of reduced rates or free services."
According to policy, "It is understood that on occasion special consideration may be needed in determining fees for groups or individual having circumstances uncommon to those in the fee structure criteria. In these cases, the City Council or City Manager will approve those requests.
Requests for a variance shall be submitted in writing to the City Manager 30 days prior to the date of promotion."
DISCUSSION:
The City Council has the discretion to approve or deny the waiving of fees for facility use. Staff recommends the following three (3) options for the City Council consideration:
1. Allow the Livingston High School All Alumni Reunion group to use Memorial Park and waive any and all fees.
2. Deny the waiving of fees.
3. Continue the item or provide alternative direction
FISCAL IMPACT:
Loss of fee revenue
ATTACHMENTS:
1. Park Rental Request
2. City of Livingston Parks and Recreation Fee Policy
2
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Whul wiU facility bu used for? -~00\,...,.,._.,.J.._l.). O. ~ Is Your /\ct.ivuy open 10 1hc publl~• Do you have a bounce house o~~uhdc Yea f yes who 1s the provider ________ 0 Wilt there be amphfied music ~:-o umbrr ofl'e<>p!c CXJxectcd'! (Inch~ player,; and spe,1atoN>,.Z...5 Will conccss1011s or 111c1ch1md1sc be ,uld ? Yci f ls c,tru ,n~urancc needed'' Y~ ~1f yes ounch poh~y 1u,11.t1> ogr"':mcut) ~}kl) ~ibc your .Evcut:LI-&"') f'r1\ A:\.Jroo·, ~a::i~(-\-\ .... ~" 'J h-<...r'Y\., l,' RT.AD BF.FORE STGNTNG I. Tltt Bf'Oh/1 or u,,:~ 1 .. 411w,, wf,,g 1};.-; (UL,:lit,,, ni/1 <:m1;11l-., wi:h 1!1JJ Iott.:. o f 1l1a Sta:t! of Ct:lifamtu, :he Cit? o/L1'vi11r:,:Jton a,ul the coJr:l mu/, ulc,'i r.swblfal:e..1! by thl! Lfr{ng,t,0n R,cn,,aon fk;,art1r.e11L
1 1'1l' rm,al group .... 111 ~ ' dS/X>lts.blofor all fh r,(JIJf Jtt U'w pnmp {Jro,n,mrzn,um o,.,f (11:hd1tJ'fi1r ttlf pt•1.fl.>'1!!i' In ,m,•11tlm11·1• J, Dtc r<Jtkfl gr041p Mu.ti iJJ.3w1.c ltabdil)' fm ant dam11&'-'' ,lo1t•· lo 1Ju_• (i1c.:ill(, or cqmpml!nl and w,ll lr"n\f# 1hr, /ar.Jl1h 111 f/µ• ,'<olls}hctr>ry n,,ul11um Gmvr., tn,vu1,: tlit /atl/ity '4'ithout rlt'ai:lr.g ~a:isff.11"'tbn/y ..,,,:, to.,~ tl11•tr J.,1,,,mt -'· 17,c f'Mttal gf'Of.lp w,/1 be r l!.SpOluibla tf} ~ tlMl r.n mtd In nttr11d11nttJ to 1/rafnr,ll1ty dm·m.r: rlrr.fr "'Illa/ 1,t ,mdm tht9 mffue.ncc nf or ho:; m tht1r /,osAr.nrnn nk<>hn!,rM-tragu o,.d,t(g1. (Pleasff 110/tt tlmt 1linulJ 11,,,, ,tb-o/,,,/ ar rl, r,;;;it ,~, (,,mhl mt 1/,u pre1•u.tc.t, thu r.•11tr1l h'1ll /J,, ,~nniunl<Yi and N() mnftCY u ill hi' rrjmul(d/.1) S TIit g,oup ,.,II l'll'cau, dtt/ac,ltzy u1 ,Ju, llm< u<su:11a1td rm thrr ilpJ!l1<u1inn. RENTAL TIME INCLUDES SET UP AND 1.I.F:AN llP
6. All acth1ry 3halt be wide,- eontrt>I and Jhal/ be f>J)t'rOttJ/ and ,111ptn#c:tl lo thc.Jtttf1/m:1ro11 of 1hc Ucc;,cotrou lkp,1rtM1•rt1 If tltc• l'H t1vtl't' 11 ,,,,, 011t.·mlr d or '1/"fh'rvi.v,J /1J tlresa1/ifa<:tl1J11 ~j 1he ll«reatfl)n Dtpann1tm Sra/f. II may re;u// 111 thu li>.t, of LWtrfdcruJ/mr offu11uc ft!i/ucmjm,r, 1/r, •I"""""•,: 11ri:am,:ut,un w,,J :rn-a:mrc1/2llm:
of the U<.'11\'tl)' m that 1inte
7. Tht.• R«rratWn Depurtmcnt rut~s the right ,n shift fJrtn lllt., 111 ,,rher f acJ/11/1t1 (I m·allabld and 11e(•t-.. UDI) R(tnt1•1 -r~,IJ ,:of m1>1t11 Jli(f#n•m,"'' lmiMJnc 11,a,,, l"Jllwr /Wrl}' Rn1trr hflUI haw.' a cupy u/ a rt.Te Pfnnft /11 their pOJSt.1SIOtt dun,rg n::.u~rvat.on hows. ln,unull'<: ~crumnco w,11 be rt<]UU'Cd for •II furwk.usiog cva111 and •II cvcnl> 1ha1 a,c opco 10 the pubhc !!.!: that''""" on a,1norpa1<:d •acnd.i&n«, of o,cr 5()() pcOJ11< (-.hether public or p,wale) ln$unmcc mtty be provided by a prwatc C/IIT\Cr Ill the form of~ Cc.·11f,ca.1c oflnsunoec Proor of uuunncc mu.rt be prov11lcd at Just lhuty (lO) wo,kmg duys pnor lo an event or the event ",ubJcct to cancellauon l'oh<y mun sutc t'>c followrng: Tl-i.< ,n,u.,,,,.e pohcy will n01 be cucelltd wi:hout tlu:ty (JO) tiny, pnor wnltcn nouco 10 lbc City of L1vml)lro11. The City of L1v1nw,ro.~ •~ n01 habk for the paym:nt of any p1cmium or <USCSS111<11l, 011 d1L, µulicy The Cily uf l ,vmgAton ,. 11an1<.'IJ "" ndd,1.1011,lly rnsu"Cd NalllC o.nd <btC(s) of events bon& covcr,:d. GEN£RAL l.lARTI.ITY • Pohcy thowmg hmn• or St ,000.000 romp<cl,cns,,·o ~c,i.:ml lrobrhly m,umnoc. onJ SS0.000 d4magc to property. PROOlX"fS I..IJIDILITY NSURA 'IC[ ENDORSF\1F.'ff (fo,,.l o, bc,cn~c «>~I or fli,cn aw•>) 110~T r ''lunr Liobihty t.ndc,,..,mcn1 Ltquo, L1eb1tuy lnsuroocc l!ndoncmcnt (/llcoholoc b~• sold or 111vcn oway). rcrm(U 1111\ l,icers:•; Pcm111, •nd Licenses ShO<IIJ be cblJUncd 30 d..y, pnur 10 C.CDI\. l kalth Pcmm- (Food. bc,,:r:1£1: ot' comm<ldiry ,old "'the pubhc) Mcrcal Coonly IINltb Depano""'L s,t,, PC11D11 (J\llY corwnodriy sold 10 u.. public) SIAt< llO>rd er t:.q1121t>:111on. uquo, Lrccn« -(Alcohohc Uovcnacs Sold) ADC Commisslon. Lr\'ln~ton Rli<incs., I i«n.se -(CM<ltu:t,ng IM,,,n,..._. w1tl11n C,ly Lm11L1) l:vcnt'l:4ncc/Alcohol I'cnrul- L1>111gilon l'ohcc Dcpartmcot - l In~ pcmul l'C(\UI.ICS 1ceunty Gl C\'Cnl of SO"' ,norc. lfS.:.:unty CatUIOl 1M, obtJ111N • .., ... CU.Ul()I be 1-,ld 01hq Condjt!ons;: A dump,,tcr ley a:d ,r appl,c~blc •key'" the ~J..'Ctnc Bu, rrust ht rrckcd ur f'ndey pnor 10 your rectal. Uthe key" not p ,eked up 1111d 1he on cull pcr,OMCI u d1sp:uchcd $70 w,11 he d..t,...1cd frun, >"'"' tk.•p,nll l'h<tto , .. 11 be• ml!£ on nil r<:lumc,l check, Any aCllVllic, or ,pcciul umnucmcnts nor ;poc,r.cnlly •111ho~cd on yourren!Al •llftt=1'1,..: pm-nrl "" rru~1,,,,.,1 ,\ppirc:ul!s •~r,e 10 nb1'k by oil rules and rcguln11ons of th< t•cd:ty/field nmtod AU fees mu,t t,c paid .r •~ tune: the t::ter,:auon 1.1 mace in ad,-ancc or C\.cnL t\o i:t:ns tonlamu alt~ed many !'ark or RC'Cl"Cluion FlWthly. 'lo ,chide, llrc ltllowl.'J 111 hll)' Pruk h1c1lt1y The.• ,!umr,·~u.- a.nd cloetnc box mwt k locked \liohcn ynur rcmial 14i nvcr l<tY' mu'1 he rctuou .. ·d to C u y Ha ll lhc!' next bus111~ 1ln} nOc t tllr n:t11ul. lxpo~1ts '"Ube k.-..-pt ir k1,,'")"l art: Mt t~turnc-d.
TIOl,D llARMl.F.liS AG REF.MEY.I' • The nppltcaul ,s •n outhonr.cd •11<111 or the group i u!Jminint: u,,, application llte •l'!lllc:a111(•••L'm l11s1'a)l>r11"1&r.c>l11>11 """"'II th• •f'Phcatmn und<!T,tand and ll!JCC to <US\111\C all nsk lor loss, IIAmaRC, liob1hty, 1n1u')', cost or expeose thnl may arit1e dunnr. or hn cnu<c,I many ""OY by 51.ch u,o or OC<:\lp,mcy o( the h>c1h11c., of tl1< C1l)' of Lmngslon ·n,c opplic1m1 further •srocs 111.i in consiJCf"alion or heini; penui~eJ 10 ••• '"'"I focihlles. HF'SHf, I\KD mr OROU!' WILL UCHlND. U-.Dll.."INWV AND HOLD TH!l CITY 01' LIVlNGSTON. RECREATION Dl'PARTh«-'IT ANll 1'111 t'R A(lf:NTS 1\1\0 CMPLOY!lf.S HAR\11 f A'-S FROM ANY I.OSS. C:I.AlMS AND LIAOlLITY OR DAMl\(ollS ANl>'OR INJURlhS TO t'l·Kl>ON:l l\Nf) l'ROl'HU V thJI man~"•' maybe cou'SCd by the n1>11lu:an1·, use or occui,nuq oCtbc fucllltlc1. To be rclmbwscd 011 any on<l nll Jc1>0S11& U1e orii;hul dql<lS~ r,c,,111t ma.I be ,ut,11111100 lo r rty 1 lall after t'. ,e, cvrnr Once suhmiHt'<l n chl'C'k w,11 he mntlcJ w11h1n ,o cbya frnm the day the receipt wa., suhmittcd. k..", any rlllm:IJ;t: or clun1"~ OO)li 1noll":n..l '1., 3 resuh of your C\lcnt.
IIW•. the 1,nddul,;11c.d. htH~ 1r..ad th,. a/Jm'(• trif<>n,rutmu o"tl o,rrttn:c?t1 nnd agrtr r., comply ~\•flh tht !tmtt ol thll O(rtl'Nt1'tl. '~·'"·;JiE1::J ~ ~ 5 Signature
Do• R-,~., T~,, 44Ji,1; .;c#- Rcqucsl DcmcdlreMon. _ 0 31.:
<;TAFF i\SSIONEO ________ Additional Pcrrmt~ require,
------iltrLPage 121
,,
/
/~· ~ Department of the Treasury , Internal Revenue Service Tax Exempt and Government Entities IRS P.O. Box 2508
Cincinnati, OH 45201
LHS ALL ALUMNl
12746 MAGNOLIA
LIVINGSTON, CA 95334
Dear Applicant:
Date:
08/28/2023
Employer ID number:
Person to contact:
Name: Customer Service
ID number: 31954
Telephone: (877) 829-5500
Accounting period ending:
December 31
Public charity status:
509(a)(2)
Form 990 /990-EZ / 990-N required;
Yes
Effective date of exemption:
July 4, 2023
Contribution deductibility:
Yes
Addendum applies:
No
DLN:
We're pleased lo tell you we dctennined you're exempt from federal income tax under Internal Revenue Code (!RC) Section 50l(c)(3). Donors can deduct contributions they make to you under [RC Section 170. You're also qualified lo receive tax deductible bequests, devises, trnnsfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records.
Organizations exempt under lRC Section 50 l ( c )(3) are fu1ther classified as either public charities or private foundations. We detennined you're a public charity under the !RC Section listed at the top of this letter.
Tfwe indicated at the top of this letter that you're required to file Form 990/990-EZ/990-N, our records show you're required to file an annual infonnation return (Fom1 990 or Form 990-EZ) or electronic notice (Form 990-N, thee-Postcard). If you don't file a required return or notice for three consecutive years, your exempt status will be automatically revoked.
Ifwe indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral parl of this letter.
For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities.
Enter "422 l-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501 (c)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements.
Sincerely,
~ ,!)... • //t~
Stephen A. Maitin
Director, Exempt Organizations
Rulings and Agreements
Letter 947 (Rev. 2-2020)
Catalog Number 35152P
Lhs All Alumni
EIN: I Livingston, California, United States
Publication 78 Data
Organizations eligible to receive tax-deductible ch aritable contribut ions. Users may rely on this list in determining deductibility of Lheir contributions.
On Publication 78 Data List: Yes
Deductibility Code: PC (V
Determination Letter
A favorzible determination letter Is issued by the IRS if an organization meets the requirements for tax-exempt status under the Code section the organization applied.
Final Letter(s)
Final Letter 93-2076619 LHSALLALUMN I 08092023 00.Rdf
[htt~RRS.irs.g~~postcard/dl/FinalLetter 93-
2076619 LHSA,LLALUMNI 08092023 00,P.dfl
Attachment - "Page 2 City of Livingston Parks and Recreation Fee Policy"
DIFFERENTIAL FEES AND FEE WAIVER
A differential in fees for special situations and groups may only be determined by the City Council or City Manager. Examples of special situations are as follows:
Special non-profit groups/organizations, schools or organizations providing a free service to the community identified by the Recreation Department may be granted special consideration in the form of reduced rates or free services.
Due to limited income, special rates may be determined for the use of a facility or participation in a Recreation sponsored program on a case by case basis.
VARIANCES
It is understood that on occasion special consideration may be needed in determining fees for groups or individual having circumstances uncommon to those in the fee structure criteria. In these cases, the City Council or City Manager will approve these requests. Requests for a variance shall be submitted in writing to the City Manager 30 days prior to the date of promotion.
DETERMINATION OF FEES FOR FACILITIES AND EQUIPMENT RENTALS Fees shall be charged according to the user group the renter is identified with. There are 4 classifications of user groups associated with the rental of facilities and equipment.
They are as follows:
Class I
Recreation or City sponsored or co-sponsored activities Class II
Resident non-profit organizations such as Community leagues (51 % verified residents) or service organizations, student organizations, Livingston Churches or schools conducting a community fundraiser for community purpose or benefit.
Class Ill
Individual residents or resident groups conducting classes, activities or parties. Private groups that have select memberships and/or specific intent, i.e. employee clubs, corporations, company picnics, family picnics and or reunions.
Class IV
Non Resident individuals or groups. (Not residing in the City of Livingston) Resident/Non-Resident Description
Must have a Livingston address or live within the Livingston School District boundaries to be considered a Livingston Resident.
Resident Team Description
Being sponsored by a Livingston company or business does not make a team a resident team. A resident team is made up of 51 % residents. Verification may take place in this way, player must provide a Livingston address that can be verified through the city utility billing along with a copy of a current form of id listing the same address. If they do not reside in the city limit but are in the Livingston School District or Livingston High School boundaries, a Current ID and a utility bill must be provided. Teams not providing this identification will automatically be categorized as a non-resident team. 3
STAFF REPORT
AGENDA ITEM: Discussion and Direction Regarding Notices of the Proposed Increased Solid Waste Fees and Rates for a Majority Protest Process in Accordance with Proposition 218.
MEETING DATE: August 6, 2024
FROM: Roy C. Santos, City Attorney
RECOMMENDATION:
This item was included for the City Council to have a discussion and provide direction regarding notices of the proposed increase to the administrative fee and solid waste collection rates for a majority protest process in accordance with Proposition 218.
BACKGROUND:
In April staff brought to Council for consideration a resolution establishing the new administrative fee for the City to provide solid waste collection support services, which included billing, account setup and management, customer services, and other ancillary task required to provide solid waste collection services. The administrative fee was prepared to be a reasonably proportionate estimate of the actual costs incurred by the City of Livingston to provide support services for solid waste collection. Council provided staff direction by motion to commence a Proposition 218 style rate setting process for the administrative fee. In addition, at the previous City Council meeting concerns were raised regarding performing a Proposition 218 rate setting hearing for the implementation of Gilton's newly provided rates for solid waste collection services. The City could save resources by including the issue regarding Gilton's solid waste collection service rates with the Proposition 218 process it already requested for the administrative fee for solid waste collection support services. As a result, this issue is being presented to Council for discussion and direction.
DISCUSSION:
Proposition 218 guidelines for the submission and tabulation of protest are as follows:
Submission of Protests:
There will be a hearing conducted in accordance with the provisions of Proposition 218 (California Constitution Art. XIIID). Whether there is a majority protest will be determined in accordance with the following:
1. Count the protests against the total number of parcels subject to the fee [Based on APNs and/or ratepayer's regular billing].
2. Count one protest per parcel.
3. Where there are multiple parties with an interest in the parcel, protests rights are liberally construed so that a protest by any party counts as a full protest against 0t424.000t/9840so.1 Page 1 of 3
that parcel. For example, one protest by a tenant, joint owner, a co-trustee of a trust which is the owner, one of multiple owners or a single owner - is sufficient.
One tenant in a multifamily rental unit (regardless of the number of units) on one parcel will count as one protest. Condominiums consist of multiple parcels, so each gets a vote.
4. The written protest must meet the requirements set out in the notice, including that:
protests must be (i) written, (ii) have a clear statement of protest, (iii) identify the legal interest of the person protesting, and (v) identify the address or assessor parcel number of the property. In order to be valid, a protest must bear the original signature of the party with an interest in the property identified on the protest.
Protests not bearing the original signature shall not be counted.
5. Protests shall be submitted to the City Clerk, either by delivery (mail or personal) to the office of the City Clerk or by submitting the protest at the public hearing.
Protests must be received by the end of the public hearing. No postmarks will be accepted.
6. Although oral comments at the public hearing will not qualify as a formal protest unless accompanied by a written protest, the City Council welcomes input from the community during the public hearing on the proposed fees.
7. Any person who submits a protest may withdraw it by submitting to the City Clerk a written request that the protest be withdrawn. The withdrawal of a protest shall contain sufficient information to identify the affected parcel and the name of the record owner or record customer who submitted both the protest and the request that it be withdrawn.
8. To ensure transparency and accountability in the fee protest tabulation, protests shall constitute disclosable public records from and after the time they are received.
Tabulation of Protests:
1. The City Manager shall determine the validity of all protests. The City Manager shall not accept as valid any protest if the City Manager determines that any of the following conditions exist:
a.
b.
C.
d.
e.
01424.0001/984050. J
The protest does not identify a property served by the City.
The protest does not bear an original signature of a record owner of the parcel identified on the protest.
The protest does not state its opposition to the proposed fees.
The protest was not received by the City Manager before the close of the public hearing on the proposed fees.
A request to withdraw the protest is received prior to the close of the public hearing on the proposed fees.
2. The City Manager's decision that a protest is not valid or does not apply to a specific fee shall constitute a final action of the City and shall not be subject to any internal appeal.
3. A majority protest exists if written protests are timely submitted and not withdrawn by the record owners of a majority of the properties subject to the proposed fee.
At the conclusion of the public hearing, the City Manager shall complete the tabulation of all protests received, including those received during the public hearing and shall report the results of the tabulation to the City Council upon completion. If review of the protests received demonstrates that the number received is manifestly less than one-half of the parcels served by the City with respect to the fee which is the subject of the protest, then the City Manager may advise the City Council of the absence of a majority protest without determining the validity of all protests.
0!424.0001/984050.l Page 3 of3