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