Livingston City Council
August 20, 2024

1 CITY COUNCIL SPECIAL AND REGULAR MEETING
AGENDA
AUGUST 20, 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 20, 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 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.: 2024-51
Next Ordinance No.: 656
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcement.

Changes to the Agenda.

3 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.

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.
• 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.

4 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.

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.

1. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated August 15, 2024.

2. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 16, 2023.

3. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 6, 2023.

4. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 13, 2023.

5. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 20, 2023

6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on July 5, 2023

7. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on July 18, 2023

8. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on August 1, 2023

9. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on August 7, 2023

10. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on August 15, 2023

11. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on September 19, 2023

5 12. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on October 3, 2023

13. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on October 17, 2023

14. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on November 7, 2023

15. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on December 5, 2023

16. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on December 19, 2023

17. Consideration of a Resolution Approving the Purchase of One (1) New 2024 Chevrolet Blazer EV From National Auto Fleet Group, in the Amount of $54,766.04; and Authorizing the Interim City Manager to Execute all Required Documents. Staff Recommendation: Approve Resolution.

18. Consideration of a Resolution Approving the Purchase of One (1) New Backhoe Loader Tractor (John Deere 310 P-Tier) From Pape Machinery, in the Amount of $127,162.14; and Authorize the Interim City Manager to Execute all Required Documents. Staff Recommendation: Approve Resolution.

19. 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 Second Reading of the Ordinance by Title Only, Open the Public Comments, Close the Public Comments and Adopt the Ordinance as Presented.

DISCUSSION AND POTENTIAL ACTION ITEMS

20. Discussion and Direction Regarding Recognition of Lupe and Aurora Garcia.

21. Discussion on 4th of July Event Report.

22. Discussion and Direction Regarding Notices of the Proposed Increased Solid Waste Fees and Rates for a Majority Protest Process in Accordance with Proposition 218.

23. Discussion and Direction for Use of Remaining American Rescue Plan Act (ARPA) Funds.

24. Discussion and Direction Regarding the Cancellation of Recruitment Services Agreement with Bob Murray & Associates for City Manager Recruitment Services.

25. Discussion and Direction on Itinerant Vendor Application and Permit Fee.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT

AGENDA ITEM:

MEETING DATE:

STAFF REPORT
Warrant Register August 15, 2024
August 20, 2024
PREPARED BY:

REVIEWED BY:

Nancy Fuentes, Accounting Technician
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Ratify the warrant register dated August 15, 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 is also noted on the accompanying check register.

The following checks have been certified to be in accordance with the City's approved budget.

The checks have been issued and the check register is presented to the City Council for ratification:

July 19, 2024- Aug 15, 2024
GENERAL WARRANTS ......................... $ 1,304,635.16 11587-117 48 PAYROLL/WIRE WARRANTS ................. $ 392,861.04 3292-3314 TOTAL WARRANTS .............................. $ 1,697,496.20 ATTACHMENTS:

Warrant Register (detailed by date and check number)

Accounts Payable
Checks by Date - Summary by Check Date
User: nfuentes
Printed: 8/ 16/2024 10:45 AM
Check No Vendor No Vendor Name
11587 25 1 ABS Direct, Inc.
11 588 11 08 Fabian Aguilar
11 589 15 13 All Precision Plumbing, Inc.
11 590 1260 Irma Alvarez
11591 1534 Costa Dolores Amador
11592 193 BSK Associates
11593 192 Cal Traffic
11594 1531 Elizabeth Cervantes
11595 1239 Clark Pest Control of Stockton, Inc.
11596 1523 Community Health Centers of America
11 597 1075 Carlos Cruz
11 598 787 Custom Weed Control Inc.
11 599 1527 Donaghy Sales, LLC
11600 1525 Nydia Duenas
11601 455 Ernest Packaging Solutions
11 602 260 First Communications, LLC
11603 1535 Fresno City College Police Academy
11604 188 Frontier
11605 387 Frontier Communications Corp Frontier Co
11 606 1520 Gaby Fuentes
11607 1526 Jana Gittings
11 608 1080 Patricia Gomez
11609 1346 Marta Gonzalez
11 6 10 1347 Maria de Carmen Granados
116 11 799 Ahlam Gutierrez
11 6 12 152 1 Cesar Hernandez
11613 267 Hoffman Security
11 6 14 1528 Honda Kawasaki KTM of Modesto
11 615 501 Hunt & Sons, LLC
11 6 16 1130 Kellogg Supply
11 617 1536 La Mejor Maganize
11 6 18 402 Liebert Cassidy Whitmore
11619 1255 Ashley Maciel
11 620 1265 Octavio Martinez
11 62 1 389 Mid Valley IT
11 622 13 10 Miriam Millan
11 623 180 Mission Linen Service
11 624 459 Municipal Maintenance Equipment
11 625 199 Northstar Chemical
11 626 949 Nova Heating and Air Conditioning
11 627 302 Office Depot, lnc./ODP Business Solutions.
11 628 1519 Arturo Pineda
11629 1262 Ruperto Reyes
11 630 1530 Cristian Rosales
1163 1 407 San Joaquin Valley Air Pollution Control D
11 632 408 Sapien Family Trust
11 633 691 Seegers Printing
AP Checks by Date - Summary by Check Date (8/16/2024 10:45 AM) Check Date
07/3 1/2024
07/3 1/2024
07/31/2024
07/3 1/2024
07/31/2024
07/3 1/2024
07/31/2024
07/3 1/2024
07/3 1/2024
07/3 1/2024
07/31/2024
07/3 1/2024
07/31/2024
07/3 1/2024
07/31/2024
07/3 1/2024
07/3 1/2024
07/3 1/2024
07/31 /2024
07/31 /2024
07/31/2024
07/31 /2024
07/3 1/2024
07/3 1/2024
07/3 1/2024
07/3 1/2024
07/31/2024
07/31/2024
07/3 1/2024
07/31 /2024
07/3 1/2024
07/3 1/2024
07/31/2024
07/31/2024
07/31/2024
07/3 1/2024
07/3 1/2024
07/3 1/2024
07/3 1/2024
07/3 1/2024
07/3 1/2024
07/3 1/2024
07/3 1/2024
07/3 1/2024
07/3 1/2024
07/31/2024
07/31/2024
City of Livingston
1416 C Street
Livingston, CA 95334
•
Check Amount
128.15
200.00
150.00
100.00
100.00
1,936.00
1,305.92
150.00

92.00 150.00
100.00
400.00
1, 111.70
100.00
2,994.45

16.84 61.00
2,468.80
165.62
100.00
100.00
100.00
100.00
100.00
100.00
100.00

36.95 58 1.42
5,033.09
129.89
1,000.00
2,865.00
250.00
100.00
11 ,025.00
150.00
346.61
217.20
7,018. 18
1,099.75
595.38
100.00
100.00
150.00
475.00
1,000.00
124.49
Page I

Check No Vendor No Vendor Name Check Date Check Amount
11634 439 Sharpening Shop 07/3 1/2024 87.98
11 635 307 Shred-It, C/0 Stericycle, Inc. 07/31/2024 284.26 11636 1094 Graciela Silva 07/3 1/2024 100.00
I 1637 1095 Supreme Shield Corp. 07/3 1/2024 7,440.00
11638 1522 Adriana Valdovinos 07/3 1/2024 100.00
11639 3 14 Valley Coffee & Water 07/3 1/2024 56.85
11640 1518 Jerry Yue 07/31/2024 100.00
11641 287 West Coast Code Consultants, Inc. 07/3 1/2024 400.00 11642 409 Willdan Financial Services 07/3 1/2024 11 ,215.27 11643 286 Xerox Financial Services 07/3 1/2024 81.48
Total for 7 /3 I /2024: 64,694.28
11644 282 AT&T Mobility 08/05/2024 2,047.00
11645 446 Belkorp Ag, LLC 08/05/2024 344.21
11646 193 BSK Associates 08/05/2024 5,357.25
11647 320 California Building Standards Commission 08/05/2024 66.60 11 648 1308 CSG Consultants, Inc. 08/05/2024 19,753.00
11 649 1089 DAHLIN GROUP 08/05/2024 4,820.00
I 1650 32 1 Department of Conservation Division of Ad 08/05/2024 90.82 11 65 1 64 1 Ferguson Enterprises LCC #686 08/05/2024 482.46 11652 1410 FFP Fund VII TEI Partnership I, LLC 08/05/2024 15,484.34 11653 449 Fineline Striping 08/05/2024 4,980.00
11654 356 Gouveia Engineering, Inc. 08/05/2024 42,353.02 11655 358 Hilmar Ready Mix Rockery Nursery, LLC 08/05/2024 204.73 11656 101 4 Hunt Equipment DBA Donlee Pump Comp: 08/05/2024 141.15 11657 165 J L Analytical Services, Inc. 08/05/2024 490.00 11658 675 Lance, Soll & Lunghard, LLP 08/05/2024 58,757.78 11659 278 Merced Irrigation District 08/05/2024 64,637.52 11660 170 MintierHarnish Planning Consulants 08/05/2024 5,083.75 11661 194 Modesto Weld ing Products 08/05/2024 24.00
11 662 459 Municipal Maintenance Equipment 08/05/2024 751.53 11663 199 Northstar Chemical 08/05/2024 5,307.73
11 664 302 Office Depot, lnc./ODP Business Solutions. 08/05/2024 107.30 11665 11 47 PAC Machine Company, INC. 08/05/2024 3,278.81 11 666 203 PG&E 08/05/2024 395.72
11 667 265 Resourceability 08/05/2024 1,337.00
11668 208 Saenz Pest Control, Inc. 08/05/2024 129.00
11669 561 Safe-T-Lite of Modesto, Inc. 08/05/2024 2,676.42 11670 499 Safety-Kleen Systems, Inc. 08/05/2024 840.59
11671 439 Sharpening Shop 08/05/2024 293.27
11 672 309 St. Francis Electric 08/05/2024 400.00
11673 530 Telstar Instruments 08/05/2024 25,280.00
11674 692 Tesco Controls, Inc. 08/05/2024 9,280.49
11675 11 50 Valley 29 Electric, LLC 08/05/2024 3,000.00 11676 1204 Valley Sanitation & Rentals LLC 08/05/2024 1,436.94 11677 2 10 WGR Southwest, Inc. 08/05/2024 1,240.00
Total for 8/5/2024: 280,872.43
11 678 250 Alhambra 08/06/2024 201.34
I 1679 193 BSK Associates 08/06/2024 2,485.38
11680 11 00 CAL FIRE 08/06/2024 1, 135.40
11 68 1 1537 Central Valley Toxicology, Inc 08/06/2024 36.00 11682 508 City of Livingston (Petty Cash) 08/06/2024 682.77 11683 568 Cummins Sales and Service 08/06/2024 2,869.66 11 684 263 Galls, LLC 08/06/2024 6,813.45
AP Checks by Date - Summary by Check Date (8/16/2024 I 0:45 AM) Page 2

Check No Vendor No Vendor Name Check Date Check Amount
11 685 262 Gilton Solid Waste 08/06/2024 3,567.45
11686 482 Hi-Tech EVS, Inc, 08/06/2024 3,021.43
11687 501 Hunt & Sons, LLC 08/06/2024 2 1,347.56
11688 615 McClatchy Company LLC 08/06/2024 2,347.32
11689 362 Merced County Animal Control 08/06/2024 2,950.00 11690 578 Uline 08/06/2024 3,629.2 1
11691 366 USABlueBook 08/06/2024 437.52
11692 1204 Valley Sanitation & Rentals LLC 08/06/2024 92.00 11693 2 10 WGR Southwest, Inc. 08/06/2024 470.50
Total for 8/6/2024: 52,086.99
11694 445 Axon Enterprise, Inc. 08/07/2024 1,718.61
11695 1540 Maria Briones 08/07/2024 37.50
11696 193 BSK Associates 08/07/2024 1,11 8.40
11697 909 Canon Financial Services, Inc. 08/07/2024 331.89 I 1698 398 Central SanJoaquin Valley Risk Manageme1 08/07/2024 531,570.00 I 1699 399 Central SanJoaquin Valley Risk Manageme, 08/07/2024 106,640.00 11 700 272 Charter Communications Holdings, LLC 08/07/2024 360.32 I 1701 UB*02083 AMARBIR CHATHA 08/07/2024 338.64
11702 29 1 City of Livingston c/o L &L District lrrigati 08/07/2024 19,241.04 11 703 1239 Clark Pest Control of Stockton, Inc. 08/07/2024 41.00 11704 1547 Isidro Olivo Cortes 08/07/2024 150.00
11705 1543 Enrique Covarrubias 08/07/2024 150.00
11 706 1544 Hermelando Cruz 08/07/2024 11 5.00
11707 1076 Julissa Del Toro 08/07/2024 150.00
11708 547 Don's Mobile Glass 08/07/2024 1,048.07
11709 1546 Maricela Duran 08/07/2024 150.00
1171 0 258 Ewing Irrigation Products, Inc. 08/07/2024 774. 15 I 171 1 188 Frontier 08/07/2024 1,369.14
1171 2 164 Garza Tire & Wheel, Inc 08/07/2024 774.18
117 13 262 Gilton Solid Waste 08/07/2024 186,084.02
11714 501 Hunt & Sons, LLC 08/07/2024 4,039.60
I 17 15 1033 Independent Investigations LLC 08/07/2024 3,528.33 11716 629 Ingraham Trophies 08/07/2024 238. 13
11717 639 Livingston Explorers 08/07/2024 3,748.16
11718 269 Merced Pest Control 08/07/2024 80.00
117 19 389 Mid Valley IT 08/07/2024 69.00
11720 180 Mission Linen Service 08/07/2024 483.76
1172 1 459 Municipal Maintenance Equipment 08/07/2024 238.54 11722 199 Northstar Chemical 08/07/2024 1,893.10
11723 UB*02084 YVETTE NUNEZ 08/07/2024 36.05
11724 1368 Elizabeth Osorio 08/07/2024 300.00
11725 303 Price Ford o f Turlock 08/07/2024 110.70
11 726 1545 Josue Ruiz 08/07/2024 80.00
11727 1283 Sacramento County Sherill's Office 08/07/2024 475.00 11728 1330 James D Sanders 08/07/2024 150.00
11729 834 Speedy Bee Car Wash and Detail <:enter 08/07/2024 269.86 11730 3 13 U.S. Bank Equipment Finance 08/07/2024 512.38 11 73 1 I 105 United Rentals (North America), INC. 08/07/2024 462.25 11732 1541 Leticia Valencia 08/07/2024 65.00
11 733 3 14 Valley Coffee & Water 08/07/2024 33.90
11734 1539 Eric Verdin 08/07/2024 32.50
11 735 367 Verizon Wireless 08/07/2024 1,702.70
11736 597 Work Wellness 08/07/2024 486.00
Total for 8/7/2024: 871, 196.92
AP Checks by Date - Summary by Check Date (8/16/2024 10:45 AM) Page 3

Check No Vendor No Vendor Name Check Date Check Amount
11737 395 Administrative Solution, Inc. 08/09/2024 105.00 11 738 434 AFSCME District Council 57 08/09/2024 762.30 11739 396 American Fidelity Assurance 08/09/2024 3, 164.72 11 740 397 American Fidelity Assurance Company 08/09/2024 1, 103.32 11741 393 California State Disbursement Unit 08/09/2024 2,544.88 11742 6 12 Livingston Peace Officers Association 08/09/2024 1,849.50 11743 437 Operating Engineers Local 3 08/09/2024 477.00 11744 438 Operating Engineers Local Union No.3 08/09/2024 62 1.00 11745 405 Premier Access Insurance Company 08/09/2024 3,885.40 I 1746 1284 State of California 08/09/2024 130.16
11747 564 Texas Life Insurance 08/09/2024 275.28
Total for 8/9/2024: 14,918.56
11748 422 U.S. Bank Corporate Payment Systems 08/15/2024 20,865.98 Total for 8/15/2024: 20,865.98
Report Total ( 162 checks): 1,304,635.16
AP Checks by Date - Summary by Check Date (8/16/2024 I 0:45 AM) Page 4

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL
MAY 16, 2023
A Regular Meeting of the Livingston City Council was held on May I 6, 2023, in the City Council Chambers with Mayor Moran presiding.

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

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
Mayor Moran opened the meeting for public comments at 6:04 p.m. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matters:

4. Public Employee Appointment
(Government Code Section 54957(b)(I))
Title: City Attorney

5. Conference with Legal Counsel -Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code,§ 54956.9(d) One ( I ) matter

REGULAR MEETING
Mayor Moran called the meeting to order at 7:05 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
IXJ Mayor Jose A. Moran
IXJ Mayor Pro Tern Gurpal Samra
IXJ Council Member Maria Baptista~Soto
IXJ Council Member Jason Roth
IXJ Council Member Jatinder Mann

CLOSED SESSION ANNOUNCEMENTS
Direction was given to staff on both closed session items.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:08 p.m.

Citizen Comments
Barbara Ratzlaff
Rodrigo Espinoza
Mayor Moran closed Citizen Comments at 7: 12 p.m. as there were no further comments from the public.

A WARD, PRESENTATIONS, PROCLAMATIONS
I. Presentation by Mayor Moran: Proclamation Recognizing National Public Works Week Mayor Moran presented this item. Mr. Moran read the proclamation recognizing National Public Works Week.

2. Presentation by Stephanie Fujimura, Principal and Senior Architect, Dahlin:

Livingston Rec Plex
Stephanie Fujimura from Dahlin presented this item. She gave a presentation on the company's background, Dahlin's services and responsibility, Proposition 68 submittal information, proposed site plan, building renovation conceptual plan, and project schedule.

Ms. Fujimura responded to council questions.

There was a brief discussion between staff and Council regarding the Livingston Rec Plex Project.

Mayor Moran opened and closed public comments at 7:41 p.m. as there were no comments from the public.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

County Supervisor Rodrigo Espinoza gave his report.

City Staff Announcements and Reports
None.

City Manager Announcements and Reports
• Interim City Manager Christopher Lopez
City Council Members' Announcements and Reports
" Council Member Jatinder Mann
• Council Member Jason Roth
• Council Member Maria Soto
" Mayor Pro-Tem Gurpal Samra
Mayor's Announcements and Reports.
• Mayor Jose 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.

Gurpal 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

3. City Treasurer's Investment Report (this item is a placeholder for any future investment reports received by the City Treasurer).

There was a brief discussion on the background for having this item on the agenda.

Mayor Moran opened and closed public comments at 8:14 p.m. as there were no comments from the public.

CONSENT AGENDA

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

5. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated April 25, 2023

6. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated May 9, 2023

7. Resolution Initiating Proceedings and Ordering the Preliminary Engineer's Report for the Annual Levy of Assessments for Fiscal Year 2023/2024 for the Citywide Consolidated Landscape Maintenance Assessment District No. I, Approving the Engineer's Report, Declaring the City's Intention to Levy Annual Assessments for the District, and Appointing a Time and Place for a Public Hearing.

8. Resolution Initiating Proceedings and Ordering the Preliminary Engineer's Report for the Annual Levy of Assessments for Fiscal Year 2023/2024 for the Livingston Benefit Assessment Districts, Approving the Engineer's Report, Declaring the City's Intention to Levy Annual Assessments Within Such Districts and Appointing a Time and Place for a Public Hearing.

9. Resolution Approving the Annual Local Transportation Fund (LTF) Claim to Be Filed with the Merced County Association of Governments (MCAG) for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) Swap
I 0. Resolution to Approve a Contract with Pyro Spectaculars, Inc. for Pyrotechnic Services on July 4, 2023, July 4, 2024, and July 4, 2025, and Authorize the City Manager to Execute the Contract Mayor Pro-Tern Samra noted that there was an amendment to the staff report.

11. Resolution Adopting City of Livingston Master Employee Salary Schedule for the Water/Wastewater Manager and Lifeguard Position
Motion: MIS Samra/Roth to approve the consent agenda items 4-11 with item IO amended staff report. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Roth, Mann, Soto, Samra, and Moran.

NOES:

ABSENT:

PUBLIC HEARINGS
Council Members:

Council Members:

None
None

12. Resolution Approving Conditional Use Permit No. 2022-0 I and Approve Site Plan and Design Review Application No. 2022-02, to Develop a Two-Story, Single-Family Dwelling on an Undersized Parcel in the R-2 Zoning District on Property Located at 1547 F Street, Livingston, CA (APN: 024-173-013)
Contract City Planner Miguel Galvez introduced this item and responded to council questions.

Jorge Maldonado and Juan Maldonado (applicant) responded to council questions.

Mayor Moran opened public comments at 8:36 p.m.

Citizen Comments:

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

Motion: M/S Samra/Moran to approve Resolution No. 2023-37, Approving Conditional Use Permit No. 2022-01 and Approve Resolution No. 2023-38, Approving Site Plan and Design Review Application No. 2022-02, to Develop a Two-Story, Single-Family Dwelling on an Undersized Parcel in the R-2 Zoning District on Property Located at 1547 F Street, Livingston, CA (APN: 024-173-013). 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

13. Waive the Second Reading and Adopt Ordinance No. 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. I 6, 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.

Deputy City Attorney Christina Pritchard introduced this item and responded to council questions.

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

Motion: M/S Moran/Roth to Waive the Second Reading and Adopt 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

DISCUSSION AND POTENTIAL ACTION ITEMS

14. Resolution Approving the Restated Joint Powers Agreement of the Merced County Association of Governments and Authorizing the City of Livingston Mayor to Sign the Agreement Interim City Manager Christopher Lopez introduced this item.

Mayor Moran opened and closed public comments at 8:54 p.m. as there were no further comments from the public.

Mayor Pro-Tern Samra asked what the next steps would be if they didn't approve the agreement.

The Council was in consensus to table the item until the next meeting in order to obtain more information and get responses to their questions.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Joint meeting with Council and Planning Commission for a strategic planning session.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:29 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 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

AMENDED

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL
JUNE 6, 2023
A Regular Meeting of the Livingston City Council was held on June 6, 2023, in the City Council Chambers with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 5:05 p.m.

ROLL CALL
t8] Mayor Jose A. Moran
t8] Mayor Pro Tern Gurpal Samra
t8] Council Member Maria Baptista-Soto
t8] Council Member Jason Roth
t8] Council Member Jatinder Mann

CLOSED SESSION
Mayor Moran opened the meeting for public comments at 5:06 p.m. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matters:

6. Public Employee Appointment
(Government Code Section 54957(6 )(I))
Title: City Attorney

7. Conference with Legal Counsel - Existing Litigation (Gov. Code, § 54956.9) Name of Case: Jose Ramirez v. City of Livingston, et al., Superior Court of the State of California, County of Merced

REGULAR MEETING
Mayor Moran called the meeting to order at 7:32 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 Tem Gurpal Samra
~ Council Member Maria Baptista-Soto
~ Council Member Jason Roth
~ Council Member Jatinder Mann

CLOSED SESSION ANNOUNCEMENTS
Direction was given to staff on both closed session items.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:34 p.m.

Citizen Comments
Barbara Ratzlaff
Rodrigo Espinoza
Greg Padilla
Mayor Moran closed citizen comments at 7:38 p.m. as there were no further comments from the public.

Mayor Moran noted that he provided information to the City Manager and Police Department regarding some traffic concerns from a resident.

A WARD, PRESENTATIONS, PROCLAMATIONS
I. Presentation by Aleshire & Wynder LLP: Introduction and Proposed Legal Services.

Roy C. Santos provided background on his firm and information on the proposed legal services.

Mr. Santos then responded to Council questions.

Mayor Moran opened and closed public comments at 7:45 p.m. as there were no comments from the public.

2. Presentation by Costanzo & Associates PC: Introduction and Proposed Legal Services.

Neal Costanzo provided background on his firm and information on the proposed legal services.

He then responded to Council questions.

Mayor Moran opened and closed public comments at 7:53 p.m. as there were no comments from the public.

3. Presentation by Shute, Mihaly & Weinberger LLP: Introduction and Proposed Legal Services.

Rene Ortega provided background on his firm and information on the proposed legal services.

Mr. Ortega then responded to Council questions.

Mayor Moran opened and closed public comments at 7:56 p.m. as there were no comments from the public.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

Supervisor Rodrigo Espinoza gave his report.

City Staff Announcements and Reports
No Report.

City Manager Announcements and Reports
No Report.

City Council Members' Announcements and Reports
• Council Member Mann
'" Council Member Roth
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 J a tinder 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 Gurpal 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.

Gurpal 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

4. City Treasurer's Investment Report (this item is a placeholder for any future investment reports received by the City Treasurer).

CONSENT AGENDA

5. 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

6. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated May 23, 2023
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 8: 16 p.m. as there were no comments from the public.

PUBLIC HEARINGS

7. Resolution Amending and/or Approving the Engineer's Report, For The Livingston Benefit Assessment Districts and the Levy and Collection of Annual Assessments Within Such Districts For Fiscal Year 2023/2024 and Confirming Diagrams and Assessments Pursuant to the Benefit Assessment Act of 1982 and As Provided by Article XIIID of the California Constitution Project Manager Susana Hernandez from Willdan Financial Services introduced this item.

Mayor Moran opened and closed the public hearing at 8: 19 p.m. as there were no comments from the public.

Motion: M/S Samra/Mann to approve Resolution No. 2023-39, Amending and/or Approving the Engineer's Report, For The Livingston Benefit Assessment Districts and the Levy and Collection of Annual Assessments Within Such Districts For Fiscal Year 2023/2024 and Confinning Diagrams and Assessments Pursuant to the Benefit Assessment Act of 1982 and As Provided by Article XIIID of the California Constitution. 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. Resolution Amending and/or Approving the Engineer's Report for the Citywide Consolidated Landscape Maintenance Assessment District No. 1 and the Levy and Collection of Annual Assessments Within Such District for Fiscal Year 2023/2024 and Confirming Diagrams and Assessments Pursuant to the Provisions of Part 2 of Division l 5 of the California Streets and Highways Code and as Provided by Article XllID of the California Constitution Project Manager Susana Hernandez from Willdan Financial Services introduced this item.

Mayor Moran opened and closed the public hearing at 8:22 p.m. as there were no comments from the public.

Motion: MIS Samra/Roth to approve Resolution No. 2023-40, Amending and/or Approving the Engineer's Report for the Citywide Consolidated Landscape Maintenance Assessment District No. l and the Levy and Collection of Annual Assessments Within Such District for Fiscal Year 2023/2024 and Confirming Diagrams and Assessments Pursuant to the Provisions of Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIIID of the California Constitution. The motion carried 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

9. Resolution Adopting the Annual Budget for Fiscal Year 2023/24; The GANN Appropriation Limit for Fiscal Year 2023/2024, and the Salaiy Schedule for 2023/2024.

Interim City Manager Christopher Lopez introduced this item and responded to Council questions.

Police Department Administrative Services Manager Soria, Public Works Director Chavarria, and Contract City Planner Galvez presented their department's budget. Staff responded to Council questions.

Mayor Moran opened and closed public comments at 9:20 p.m. as there were no comments from the public.

Motion: MIS Samra/Roth to approve Resolution No. 2023-41, Adopting the Annual Budget for Fiscal Year 2023/24; The GANN Appropriation Limit for Fiscal Year 2023/2024, and the Salary Schedule for 2023/2024. 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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:21 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 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
JUNE 13, 2023
A Special Meeting of the Livingston City Council was held on June 13, 2023, in the Council of Chambers, with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 6:03 p.m.

ROLL CALL
IZ! Mayor Jose A. Moran
IZ! Mayor Pro Tern Gurpal Samra
IZ! Council Member Maria Baptista-Soto
IZ! Council Member Jason Roth
D Council Member Jatinder Mann (Absent)

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 6:04 p.m. as there were no comments from the public.

CLOSED SESSION
I. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code,§ 54956.9(d):

One (I) matter

2. Conference with Legal Counsel- Existing Litigation (Gov. Code,§ 54956.9) Name of Case: Jose Ramirez v. City of Livingston, et al., Superior Court of the State of California, County of Merced

CLOSED SESSION ANNOUNCEMENTS
Direction was given to staff.

ADJOURNMENT
The special meeting was adjourned by consensus at 7:22pm.

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

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL
JUNE 20, 2023
A Regular Meeting of the Livingston City Council was held on June 20, 2023, in the City Council Chambers with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 5: 17 p.m.

ROLL CALL
0 Mayor Jose A. Moran
0 Mayor Pro Tern Gurpal Samra (Late Attendance)
0 Council Member Maria Baptista-Soto
0 Council Member Jason Roth
0 Council Member Jatinder Mann
Mayor Pro-Tern Samra entered the Council Chambers at 5:20 p.m. after roll call was taken.

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.

CLOSED SESSION
Mayor Moran opened and closed the meeting for public comments at 5:20 p.m. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matters:

6. Public Employee Appointment
(Government Code Section 54957(b )(I))
Title: Special Counsel

7. Public Employee Appointment
(Government Code Section 54957(b)(I))
Title: City Attorney

8. Conference with Real Property Negotiators (Gov. Code,§ 54956.8) Property: APN 024-020-029
Agency Negotiator: City Manager
Negotiating Parties: City of Livingston and Foster Poultry Farms, LLC Under Negotiation: Instruction to negotiator concerning price and terms of payment

REGULAR MEETING
Mayor Moran called the meeting to order at 7:05 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.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:06 p.m.

Citizen Comments via Teleconference
Ana Maria
Mayor Moran closed Citizen Comments at 7: IO p.m. as there were no further comments from public.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

No Report.

City Staff Announcements and Reports
• Robert Wynn - Merced County Fire Department
City Manager Announcements and Reports
No Report.

City Council Members' Announcements and Reports
e Council Member Jason Roth
" Council Member Maria Soto
• Mayor Pro Tern Gurpal Samra
Mayor's Announcements and Reports.
• Mayor Jose Moran
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission - Jatinder Mann • Merced Integrated Regional Water Management Plan (MIR WMA) - 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 (MIR WMA) - 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.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gnrpal 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 for the Month Ending April 30, 2023

CONSENT AGENDA

2. WAIVING OF READING OF ORDINANCE AND RESOLUTIONS

City Council Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading the Title only, Unless Otherwise Requested by the Mayor or a Council Member

3. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated June 9, 2023

4. Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in July in Observance of the 4th of July Holiday

5. Resolution Approving the City of Livingston Fiscal Year 2023/2024 List of Eligible Projects for Funding from the Road Maintenance and Rehabilitation Account (RMRA) Created by Senate Bill I: Road Repair and Accountability Act of2017, and Authorizing the City Manager to File with the California Transportation Commission the Project List and Annual Expenditure Report for Fiscal Year 2023/2024 RMRA Funding

6. Resolution Authorizing the Interim City Manager to Negotiate and Execute an Agreement, Approved as to Form by the City Attorney, with CSG Consultants or 4LEAF Inc. for On-Call Community Development Services
Mayor Moran opened and closed public comments at 7:32 p.m. as there were no comments from the public.

Motion: MIS Samra/Roth to approve the consent agenda. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

PUBLIC HEARINGS
Council Members:

Council Members:

Council Members:

Roth, Mann, Soto, Samra, and Moran.

None
None

7. Resolution Approving Conditional Use Permit No. 2023-01 and Resolution Approving Site Plan and Design Review Application No. 2023-0 I, to Develop a Two-Story, 3,339 Square Foot Townhouse Triplex with a Seven-Space Parking lot in the Downtown Commercial (OTC) Zoning District on Property Located at 1222 B Street, Livingston, CA (APN No.: 024-123-003).

Contract City Planner Miguel Galvez introduced this item and responded to Council questions.

There was a brief discussion between the Council and staff on the overhead utility lines.

Mayor Moran opened public comments at 7:51 p.m.

Public Comments
Ernie Yoshino, Architect
Mayor Moran closed public comments at 7:54 p.m. as there were no further comments from the public.

Motion: MIS Samra/Mann to approve the Resolution No. 2023-45, Approving Conditional Use Permit No. 2023-01 and Resolution No. 2023-46, Approving Site Plan and Design Review Application No. 2023-01, to Develop a Two-Story, 3,339 Square Foot Townhouse Triplex with a Seven-Space Parking lot in the Downtown Commercial (DTC) Zoning District on Property

Located at 1222 B Street, Livingston, CA (APN No.: 024-123-003). 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

8. Resolution Approving a Professional Services Agreement with Bryant L. Jolley Certified Public Accountants and Approving an Amended Contract with Lance, Soll & Lunghard, LLP (LSL) Senior Accountant Happy Bains introduced this item and responded to Council questions.

Mayor Moran opened and closed Public Comments at 8:03 p.m. as there were no comments from the public.

Motion: M/S Samra/Mann to approve Resolution No. 2023-47, Approving a Professional Services Agreement with Bryant L. Jolley Certified Public Accountants and Approving an Amended Contract with Lance, Soll & Lunghard, LLP (LSL). 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

9. Resolution Approving a Commitment of Permanent Local Housing Allocation (PLHA) Funds to the Self-Help Enterprises Livingston B Street Project
Betsy McGovern-Garcia, Director of Real Estate Development from Self Help Enterprises, introduced this item.

Mayor Moran opened and closed Public Comments at 8:12 p.m. as there were no comments from the public.

Motion: M/S Moran/Samra to approve Resolution No. 2023-48, Approving a Commitment of Permanent Local Housing Allocation (PLHA) Funds to the Self-Help Enterprises Livingston B Street Project. 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 0. Consider and Discuss the City of Livingston City Council's Options for Filling the City Clerk Position Vacated by Leticia Vasquez-Zurita, and Take Action Related to Filling the Vacancy Deputy City Attorney Christina Pritchard introduced this item.

There was a lengthy discussion between staff and Council regarding the City Clerk's duties and filling the City Clerk Position.

Mayor Moran opened and closed public comments at 8:33 p.m. as there were no comments from the public.

Mayor Moran opened public comments at 9:04 p.m.

Public Comments
Leticia Vasquez-Zurita
Mayor Moran closed public comments at 9:21 p.m. as there were no further comments from the public.

Motion: M/S Roth/Samra to bring back item number 10 on July 5, 2023. 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

11. Resolution Approving the Restated Joints Powers Agreement of the Merced County Association of Governments and Authorize the City of Livingston Mayor to Sign the Agreement Interim City Manager Christopher Lopez introduced this item.

There was a discussion between the council and staff regarding the miscommunication between previous Council Members regarding the Joint Powers Agreement.

Mayor Moran opened and closed public comments at 9:41 p.m. as there were no comments from the public.

Motion: M/S Mann/Moran to approve Resolution No. 2023-49, Approving the Restated Joints Powers Agreement of the Merced County Association of Governments and Authorize the City of Livingston Mayor to Sign the Agreement. 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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Council Member Soto asked for clarification by email on the two-face part of the sidewalk project and solutions for the Fred Worden Basin.

Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Assistance with the Veterans area in Memorial Park demarcation. • Follow-up on the policy for Allways Towing

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

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
JULY 5, 2023
A Special Meeting of the Livingston City Council was held on July 5, 2023, in the Council of Chambers, with Mayor Moran presiding.

CALL TO ORDER
Acting Mayor Samra called the meeting to order at 6:01 p.m.

ROLL CALL
~ Mayor Jose A. Moran
~ Mayor Pro Tern Gurpal Samra
~ Council Member Maria Baptista-Soto
~ Council Member Jason Roth
~ Council Member Jatinder Mann

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 Citizen Comments at 6:03 p.m.

Citizen Comments:

Mario Mendoza

Attendee ( did not state name)
Attendee ( did not state name)
Mayor Moran closed Citizen Comments at 6: 15 p.m. as there were no comments further comments from the public.

DISCUSSION AND POTENTIAL ACTION ITEMS
I. Consider and Discuss the City of Livingston City Council's Options for Filling the City Clerk Position Vacated by Leticia Vasquez-Zurita, and Take Action Related to Filling the Vacancy
Interim City Manager Christopher Lopez introduced this item and responded to Council questions.

There was a lengthy discussion between Council and staff regarding City Clerk duties.

Mayor Moran opened Public Comments at 6:27 p.m.

Public Comments:

Attendee ( did not state name)
Leticia Vasquez
Mayor Moran closed Public Comments 6:35 p.m. as there were no further comments from the public.

Mayor Moran opened public comments at 6:47 p.m.

Public Comment:

Leticia Vasquez
Attendee ( did not state name)
Mario Mendoza
Mayor Closed public comments at 6:52 p.m. as there were no further comments from the public.

MIS: Motion Samra/Roth to initiate an open call for applications to all eligible persons in the City. 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
Interim City Manager Christopher Lopez asked the Council if they were okay with the layout as described in the staff report and application.

2. Provide Direction on the Use of the Rec-Plex Facility for the 51 FIFTY Fight Night Event
Interim City Manager Christopher Lopez introduced this item and responded to Council questions.

Julio Valadez responded to Mayor Moran's question regarding the event date.

Recreation Superintendent Jacquelyn Benoit responded to Council Member Soto's questions regarding facility hosting events.

Mayor Moran opened and closed public comments at 7:00 p.m. as there were no comments From public.

M/S: Motion Mann/Samra to allow 51 Fifty the right to use the Rec-Plex facility for a fight night event. The motion carried 5-0-0 by the following roll call vote:

A YES: Council Members:

NOES: Council Members:

Roth, Mann, Soto, Samra, and Moran.

None
ABSENT: Council Members: None

CLOSED SESSION
I. Public Employee Appointment
(Government Code Section 54957(b)(l ))
Title: City Attorney

CLOSED SESSION ANNOUNCEMENTS
Direction was given to staff

ADJOURNMENT
The special meeting was adjourned by consensus at 7:22 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 r~flect 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
JULY 18, 2023
A Regular Meeting of the Livingston City Council was held on July 18, 2023, in the City Council Chambers with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 6:01 p.m.

ROLL CALL
rgJ Mayor Jose A. Moran
rgj Mayor Pro-Tern Gurpal Samra
rgj Council Member Maria Baptista-Soto
rgJ Council Member Jason Roth
rgj Council Member Jatinder Mann

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.

CLOSED SESSION
Mayor Moran opened the meeting for public comments at 6:03 p.111. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matters:

6. Government Code Section 54957
Public Employee Appointment/Employment
Title: City Attorney

REGULAR MEETING
Mayor Moran called the meeting to order at 7:04 p.m.

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

CLOSED SESSION ANNOUNCEMENTS
Roy Santos was selected as the proposed City Attorney by a unanimous decision 5-0-0.

CHANGES TO THE AGENDA
Council Member Soto had a question on Item 7 of the consent agenda.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:06 p.m.

Citizen Comments:

Christan Santos
Mayor Moran closed Citizen Comments at 7: 10 p.m. as there were no further comments from the public.

DISCUSSION AND POTENTIAL ACTION ITEMS

1. Resolution Appointing Roy Santos as the City Attorney for the City of Livingston and Legal Counsel for the City of Livingston Successor Agency, the City of Livingston Planning Commission, the City of Livingston Public Financing Authority, and All Other City Boards and/or Commissions; and Approving a Legal Services Agreement with the Law Firm of Aleshire & Wynder, LLP to Provide City Attorney Legal Service for the City of Livingston Interim City Manager Christopher Lopez introduced this item.

Mayor Moran opened and closed public comments at 7: 11 p.m. as there were no comments from the public.

Motion: MIS Samra/Roth to appoint Roy Santos as the City Attorney for the City of Livingston as amended. 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

A WARD, PRESENTATIONS, PROCLAMATIONS

2. Presentation by Stacie Guzman, Executive Director, Merced County Association of Governments (MCAG): Measure V 2023 Annual Report.

Executive Director for Merced County Association of Governments, Stacie Guzman introduced this item. Mrs. Guzman gave a PowerPoint presentation on the Measure V 2023 Annual Report and responded to council questions.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.
• Merced County Supervisor Rodrigo Espinoza gave his report.

City Staff Announcements and Reports
• Robert Wynn, Fire Engineer - Fire Department Update
Mayor Moran opened and closed public comments at 8:09 p.m. as there were no further comments from the public.

City Manager Announcements and Reports
• Interim City Manager Lopez - Updates related to 4th of July Event Staff responded to Council questions.

City Council Members' Announcements and Reports
" Council Member Jatinder Mann
• Council Member Maria Soto
Mayor's Announcements and Reports.
• Mayor Jose Moran
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission -Jatinder Mann • Merced Integrated Regional Water Management Plan (MIR WMA) - 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 Gurpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIR WMA) - 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.

Gurpal 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 Gnrpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission - Jose Moran • Utility Stakeholders Committee - Jose Moran and Gurpal Samra

RECEIVE AND FILE

3. City Treasurer's Investment Report for the Month Ending May 31, 2023

CONSENT AGENDA

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

5. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated June 30, 2023

6. Resolution Authorizing the Interim City Manager to Negotiate and Execute a Professional Service Agreement with HF&H Consultants for Solid Waste Consulting Services.

8. Resolution 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 (MCAG) for Fiscal Year 2022-2023

9. Resolution Adopting City of Livingston Master Employee Salary Schedule Motion: MIS Samra/Roth to approve the consent agenda items 4,5,6,8 and 9. 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

7. Resolution Approving and Prioritizing the City of Livingston Candidate Projects for the 2023 MCAG "Call for Projects" for the Measure V Regional Projects Funding Applications Council Member Soto had questions on Priority Project 2, 3, and 4.

City Engineer Martinez responded to Ms. Soto's question regarding Priority Projects.

There was a brief discussion between council and staff on prioritizing the City of Livingston Candidate Projects for the 2023 MCAG "Call for Projects" for the Measure V Regional Projects Funding Applications
Mayor Moran opened and closed public comments at 8:51 p.m. as there were no comments from the public.

Motion: MIS Samra/Moran to approve the consent agenda item number 7. 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

PUBLIC HEARINGS
I 0. Resolution Approving Conditional Use Permit No. 2023-02 and Resolution Approving Site Plan and Design Review Application No. 2023-03, a Request to Develop a 950 Square Foot DriveThru coffee shop and an Eighty-Foot-High Freeway Oriented Sign on a 0.86-Acre Property located on the North Side of Joseph Gallo Court, East of Winton Parkway (APN No.: 022-020- 010)
Contract City Planner Miguel Galvez introduced this item and responded to Council questions.

Mayor Moran opened public comments at 9: IO p.m.

Public Comments via Teleconference
Sandra Fox
Mayor Moran closed public comments at 9: 12 p.m. as there were no further comments from the public.

Motion: MIS Moran/Roth to approve Resolution No. 2023-56, Approving Conditional Use Permit No. 2023-02 and Resolution No. 2023-57, Approving Site Plan and Design Review Application No. 2023-03, a Request to Develop a 950 Square Foot Drive-Thru coffee shop and an Eighty-Foot-High Freeway Oriented Sign on a 0.86-Acre Property located on the North Side of Joseph Gallo Court, East of Winton Parkway (APN No.: 022-020-010). 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

11. Discussion and Direction on Waiving the Fee for Memorial Park Use for the Livingston High School All Class Reunion to be held on September 23, 2023 Recreation Superintendent Jacquelyn Benoit introduced this item.

Mayor Moran opened and closed public comments at 9:26 p.m. as there were no comments from the public.

Motion: MIS Soto/Samra to Waive the Fee for Memorial Park Use for the Livingston High School All Class Reunion to be held on September 23, 2023. The motion carried 3-2-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Council Members:

Council Members:

Roth, Soto, and Samra.

Mann, and Moran.

None

City Attorney Roy Santos and Interim City Manager Lopez recommended that the item be brought back with a resolution.

The Council received clarification that all future items be introduced with a resolution.

12. Council Discussion and Consideration of Appointing Two Council Members to an Ad-Hoc Committee for Discussions Related to the County Property and Sales Tax Agreement Interim City Manager Christopher Lopez introduced this item and responded to council questions.

There was a brief discussion between council and staff on the appointment of two Council Members to an Ad-Hoc Committee for discussions related to the county property and sales tax agreement
Mayor Moran opened public comments at 9:47 p.m.

Public Comments
Diego Castillo
Mayor Moran closed public comments at 9:48 p.m. as there were no further comments from the public.

Motion: MIS Mann/Roth to appoint Mayor Moran and Mayor Pro-Tern Samra to the Ad-Hoc Committee for Discussions Related to the County Property and Sales Tax Agreement. 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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Bring back an Ad-Hoc Committee.
• Refine policy for construction.
• Discussion Cal-Fire and Volunteer roles.
• Recruitment of City Manager and Police Chief.
• Put money in the budget for facility waiver requests. • Goal setting workshop with council and planning committee. • Conversation on bringing back a Chamber of Commerce.
• Follow up on attendance report for planning and recreation.

Mayor Moran opened and closed public comments at 9:59 p.m. as there were no comments from the public.

CLOSED SESSION

13. Conference with Legal Counsel -Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d)(2):

Two (2) matters

CLOSED SESSION ANNOUNCEMENTS
Direction was given to staff on both anticipated litigation matters.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:40 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/REGULAR MEETING

LIVINGSTON CITY COUNCIL
AUGUST 1, 2023
A Special Meeting/Regular Meeting of the Livingston City Council was held on August I, 2023, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:0 I p.m.

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

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.

CLOSED SESSION
Mayor Aguilar opened the meeting for public comments at 6:03 p.m. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matters:

6. Conference with Legal Counsel - Potential Litigation Paragraph (2) of subdivision ( d) of Section 54956.9 of the Government Code Number of Cases: One (1) Matter

7. Conference with Legal Counsel - Existing Litigation (Gov. Code,§ 54956.9) Name of

Case: Jose Ramirez v. City of Livingston, et al., Superior Court of the State of California, County of Merced

REGULAR MEETING
Mayor Moran called the meeting to order at 7:57 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
1:8:J Mayor Jose A. Moran
1:8:J Mayor Pro Tern Gurpal Samra
1:8:J Council Member Maria Baptista-Soto
1:8:J Council Member Jason Roth
1:8:J Council Member Jatinder Mann

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 7:59 p.m. as there were no comments from the public.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

No Report.

City Staff Announcements and Reports
No Report.

City Manager Announcements and Reports
No Report.

City Council Members' Announcements and Reports
• Council Member Jatinder Mann
• Council Member Jason Roth
• Council Member Maria Soto
• Mayor Pro Tern Gurpal Samra

Mayor's Announcements and Reports.
• Mayor Jose Moran
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission - Jatinder Mann • Merced Integrated Regional Water Management Plan (MIR WMA) - 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 Gurpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIRWMA)-Jatiuder Maun, Representative and Jason Roth, Alternate Representative.

Maria Soto
• Merced County Local Agency Fonnation Commission (LAFCO) - Maria Soto, Representative.
• Central Valley Division League qf California Cities - Maria Soto, Representative and Jason Roth, Alternate.

Gurpal 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 Gnrpal 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 for the Month Ending June 30, 2023.

CONSENT AGENDA

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

3. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated July 27, 2023

4. Resolution Authorizing the Interim City Manager to Execute the Program Supplement Agreement No. F0 17 to the Administering Agency-State Agreement No. I 0-5256Fl 5, For the Livingston Pedestrian Improvements, Federal Project No. CML-5256(022), Authorizing the Interim City Manager to Act on Behalf of the City of Livingston and Authorizing the Finance Department to Make Adjustments to the Budget

5. Resolution Approving the Purchase of One(]) New Utility Truck (2024 Chevrolet Silverado 2500HD 2WD Reg Cab 142" Work Truck 8.2' Harbor Trademaster Service Body) from National Auto Fleet Group, in the Amount of $59,608.54 and Authorizing the Interim City Manager to Execute All Required Documents

6. Resolution Authorizing the Interim City Manager to Execute the Purchase and Sale Agreement for the Purchase of 1.2 Acres Located at 619 Swan Street, Livingston, California from Foster Poultry Farms, LLC for the Construction of Well SA
Mayor Moran opened and closed citizens' comments at 8:08 p.m. as there were no comments from the public.

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

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Resolution Approving the Purchase of One(]) New Vac-Con Model V311 HE/1300 Combination Jet/Vacuum Sewer Cleaner From Municipal Maintenance Equipment in the Amount of $622,256.51 and Authorizing the Interim City Manager to Execute All Required Documents.

Public Works Director Anthony Chavarria introduced this item and responded to Council questions.

Mayor Moran opened and closed citizen comments at 8:21 p.m. as there were no comments from the public.

Motion: M/S Samra/Roth to approve Resolution No. 2023-61, Approving the Purchase of One (1) New Vac-Con Model V31 IHE/1300 Combination Jet/Vacuum Sewer Cleaner From Municipal Maintenance Equipment in the Amount of $622,256.51 and Authorizing the Interim City Manager to Execute All Required Documents. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

8. Appointment of City Clerk.

Roth, Mann, Soto, Samra, and Moran.

None
None
City Attorney Roy Santos introduced this item.

There was discussion between the council and staff regarding allowing interested individuals to apply for the position.

City Attorney Santos informed the council that they would have to know of any potential individuals to be considered for appointment at least 24 hours before a special meeting.

Motion: M/S Samra/Soto to continue item number 8 to the special meeting scheduled on August 7th . 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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Follow-up on F&M Bank.
• Follow-up on Memorial Cornerstone.
• Workshop between Council and Planning Committee.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:42 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 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
AUGUST 7, 2023
A Special Meeting of the Livingston City Council was held on August 7, 2023, in the Council of Chambers, with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 6: 10 p.m.

ROLL CALL
~ Mayor Jose A. Moran
~ Mayor Pro Tern Gurpal Samra
~ Council Member Maria Baptista-Soto
~ Council Member Jason Roth
~ Council Member Jatinder Mann

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

Moment of Silence - First Responders and Military Members.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 6: 12 p.m. as there were no comments from the public.

DISCUSSION AND POTENTIAL ACTION ITEMS
I. Appointment of City Clerk

Interim City Manager Christopher Lopez introduced this item.

Mayor Moran noted that resident Mucio Vera was interested in the City Clerk position.

Mayor Moran opened and closed public comments at 6:24 p.m. as there were no comments from the public.

Applicant Candice Aguilar responded to council questions.

MIS: Motion Moran/Samra to appoint Mucio Vera as City Clerk. The motion carried 4-1- 0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Council Members:

Council Members:

Roth, Mann, Samra, and Moran.

Soto
None

ADJOURNMENT
The special meeting was adjourned by consensus at 6:35 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

REGULAR MEETING

LIVINGSTON CITY COUNCIL
AUGUST 15, 2023
A Regular Meeting of the Livingston City Council was held on August 15, 2023, in the City Council Chambers with Acting Mayor Samra presiding.

REGULAR MEETING
Acting Mayor Samra called the meeting to order at 7:00 p.m.

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

ROLL CALL
D Mayor Jose A. Moran (Excused Absence)
[81 Mayor Pro Tern Gurpal Samra
[81 Council Member Maria Baptista-Soto
[81 Council Member Jason Roth
[81 Council Member Jatinder Mann

CHANGES TO THE AGENDA
Staff pulled agenda item number 3 since the fee was paid and no waiver is needed.

CITIZEN COMMENTS
Acting Mayor Samra 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.

No Report.

City Staff Announcements and Reports
• Recreation Superintendent Jacquie Benoit- Update on Pool City Manager Announcements and Reports
No Report.

City Council Members Announcements and Reports
• Council Member Jason Roth
• Council Member Maria Soto
• Mayor Pro Tern Gurpal Samra
Mayor's Announcements and Reports
No Report.

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 Gurpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIR WMA) - 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.

Gurpal 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. Resolution Approving an Agreement Between Merced County Association of Governments and the City of Livingston for the Administration of the Merced County Multijurisdictional Housing Elements Contract
Acting Mayor Samra opened and closed public comment at 7: 13 p.m. as there were no comments from the public.

Motion: MIS Roth/Soto to approve the consent agenda. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Mann, Soto, and Samra.

None
Moran

DISCUSSION AND POTENTIAL ACTION ITEMS

3. Discussion and Direction on Waiving the Parks and Recreation Fees to Pacific Coast Khalsa Diwan Society for the Use of Memorial Park Stage and Kitchen Staff pulled agenda item number 3 since the fee was paid and no waiver is needed.

4. Discussion and Direction on Waiving the Parks and Recreation Fees to Livingston Wolves Youth Football for the Use of Alvernaz Field and Memorial Park Recreation Superintendent Jacquie Benoit introduced this item.

Acting Mayor Samra opened and closed Citizen Comments at 7: 17 p.m. as there were no comments from the public.

Motion: MIS Soto/Roth to approve Resolution No. 2023-63, Waiving the Parks and Recreation Fees to Livingston Wolves Youth Football for the Use of Alvernaz Field and Memorial Park. 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 Samra.

None
Moran

5. Discussion and Direction on Waiving the Parks and Recreation Fees to Central California United FC Soccer for the Use of Odi Ortiz Soccer Field.

Recreation Superintendent Jacquie Benoit introduced this item and responded to Council questions.

Acting Mayor Samra opened and closed Citizen Comments at 7:22 p.m. as there were no comments from the public.

Motion: MIS Roth/Mann to approve Resolution No. 2023-64, Waiving the Parks and Recreation Fees to Central California United FC Soccer for the Use of Odi Ortiz Soccer Field. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

Roth, Mann, Soto, and Samra.

None

ABSENT: Council Members: Moran

6. Discussion and Direction on Appointing Two City Council Members to Attend the Merced County Multi-Jurisdictional Housing Element Update Community Workshop Scheduled for Tuesday, August 29, 2023 from 6:00 p.m. to 8:00 p.m. at the Livingston City Council Chambers, 1416 "C" Street, Livingston, California.

Interim City Manager Christopher Lopez introduced this item.

Acting Mayor Samra opened and closed Citizen Comments at 7:27 p.m. as there were no comments from the public.

Motion: MIS Samra/Mann to appoint Council Member Mann and Council Member Soto to attend the Merced County Multi-Jurisdictional Housing Element Update Community Workshop. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Mann, Soto, and Samra.

None
Moran

7. Discussion and Direction on CMAQ Application Submission for the 2023 CMAQ Call for Projects
Clerk's Note: Acting Mayor Samra recused himself due to a conflict of interest. He left the Council Chambers at 7:29 p.m. before the item was discussed. Council Member Roth took over the meeting.

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

Acting Mayor Roth opened and closed Citizen Comments at 7:40 p.m. as there were no comments from the public.

Motion: MIS Mann/Soto to approve CMAQ Application Submission for the 2023 CMAQ Call for Projects. The motion carried 3-0-1-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

Roth, Mann, and Soto.

None
Moran
Samra
Clerk's Note: Mayor Pro Tern Samra returned after the action was taken at 7:42 p.m.

8. Council Discussion and Consideration on Possibly Creating an Ad-Hoc Committee for Discussions Related to Sales Tax for Safety/Fire Services and Appointing Two Council Members to the Ad Hoc Committee.

Acting Mayor Samra introduced this item.

Acting Mayor Samra opened and closed Citizen Comments at 7:50 p.m. as there were no comments from the public.

Motion: MIS Mann/Roth to Create an Ad-Hoc Committee for Discussions Related to Sales Tax for Safety/Fire Services and Appointing Mayor Pro Tem Samra and Council Member Roth to the Committee until November 1, 2024. 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 Samra.

None
Moran.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 7:53 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 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/REGULAR MEETING

LIVINGSTON CITY COUNCIL
SEPTEMBER 19, 2023
A Special/Regular Meeting of the Livingston City Council was held on September 19, 2023, in the Council of Chambers, with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:03 p.m.

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 Jatinder Mann

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

Moment of Silence - First Responders and Military Members.

CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 6:05 p.m. as there were no comments from the public.

CLOSED SESSION

6. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to
Gov. Code, § 54956.9(d): Two (2) matters

REGULAR MEETING
Mayor Moran called the meeting to order at 7:31 p.m.

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

Moment of Silence - First Responders and Military Members.

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:34 p.m.

Citizen Comments:

Jose Ramirez
Bob Wallace
Julio Valadez
Mayor Moran closed Citizen Comments at 7:40 p.m. as there were no further comments from the public.

AW ARD, PRESENTATIONS, PROCLAMATIONS
I. Presentation by Dean Perry, Doug Walker, Greg Lisk, Mackenzie Darkow and Connor Secrest from Trane Technologies: Trane Energy Services Company Project Updates.

Agenda Item number I will be scheduled for a future meeting.

2. Presentation by Mayor Moran: Proclamation Recognizing the Fresno Area Hispanic Foundation Mayor Moran introduced this item. He read a proclamation recognizing the Fresno Area Hispanic Foundation.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

No report.

City Staff Announcements and Reports.

No report.

City Manager Announcements and Reports.

No report.

Page2 of6

City Council Members' Announcements and Reports.
• Council Member Jatinder Mann
• Council Member Jason Roth
• Council Member Maria Soto
• Mayor Pro-Tem Gurpal Samra
Mayor's Announcements and Reports.
• Mayor Jose Moran
Julio Valadez responded to Council Member Soto's question.

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 Gurpal 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.

Gurpal 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

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

3. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated August 31, 2023

4. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on December 8, 2022

5. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on January 23, 2023

6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on January 23, 2023

7. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on January 27, 2023

8. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 7, 2023 (Special Meeting)

9. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 7, 2023 (Regular Meeting) I 0. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 13, 2023

11. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 21, 2023 (Special Meeting)

12. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 21, 2023 (Regular Meeting)

13. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 7, 2023 (Special Meeting)

14. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 7, 2023 (Regular Meeting)

15. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 23, 2023

16. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on September 5, 2023

17. Resolution Accepting the Bid and Awarding a Contract to Pavement Coatings Co. For the 2023 Slurry Seals Project and Authorizing the Interim City Manager to Execute the Agreement.

18. Resolution Approving Interim City Manager to Execute an Agreement with Baker Tilly to Develop a Long-Term Fiscal Model and Provide Sales Tax and Property Tax Analysis.

19. Resolution Authorizing the Interim City Manager to Execute An Agreement with LCW for Specialized Legal Services
Mayor Moran opened and closed Public Comments at 8:0 I p.m. as there were no comments from the public.

Motion: M/S Samra/Roth to approve the consent agenda. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Roth, Mann, Soto, Samra, and Moran.

Page4 of6

NOES:

ABSENT:

Council Members:

Council Members:

None
None

DISCUSSION AND POTENTIAL ACTION ITEMS

20. Resolution Approving a Contract with F&M Bank for Banking Services or Alternative Council Direction.

Clerk' Notes: For transparency Council Member Mann recused himself and left the Council Chambers at 8:02 p.m. before the item was discussed.

Senior Accountant Happy Bains introduced this item.

Mayor Moran opened public comments at 8:06 p.m.

Public Comments
Stephanie Den berg from West of America Bank
Sukhraj Singh General Manager of West of America Bank
Barbara Ratzlaff
Mayor Moran closed public comments at 8: 11 p.m. as there were no further comments from the public.

Gary Ericson from F&M Bank responded to Councils questions regarding F&M having a location in Livingston.

Mayor Moran opened public comments at 8:31 p.m.

Public Comments
Bob Wallace
Mayor Moran closed public comments at 8:32 p.m. as there were no further comments from the public.

Motion: MIS Samra/Roth to reject the contract with F&M Bank. The motion failed 2-2-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Council Members:

Council Members:

Council Members:

Council Members:

Roth and Samra
Soto and Moran
None
Mann
Motion: MIS Moran/Soto to approve the Resolution Approving a Contract with F&M Bank for Banking Services. The motion failed 2-2-0-1 by the following roll call vote:

AYES: Council Members: Soto and Moran.

NOES: Council Members: Roth and Samra.

ABSENT: Council Members: None
ABSTAIN: Council Members: Mann
Mayor Moran recommended that the item be brought back at the next city council meeting.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Need more projects being awarded to infrastructure.
• Have an Ad-Hoc discussion regarding the 4th of July Committee.

ADJOURNMENT
The special meeting was adjourned by consensus at 8:45 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/REGULAR MEETING

LIVINGSTON CITY COUNCIL
OCTOBER 3, 2023
A Special/Regular Meeting of the Livingston City Council was held on October 3, 2023, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:02 p.m.

ROLL CALL
[8] Mayor Jose A. Moran
[8] Mayor Pro Tern Gurpal Samra
[8] Council Member Maria Baptista-Soto
[8] Council Member Jason Roth
[8] Council Member Jatinder Mann

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.

CLOSED SESSION
Mayor Moran opened the meeting for public comments at 6:04 p.m. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matters:

6. Conference with Legal Counsel - Existing Litigation (Gov. Code,§ 54956.9) Name of Case: Jose Ramirez v. City of Livingston, et al., Superior Court of the State of California, County of Merced.

7. Conference with Legal Counsel regarding commencing litigation.

Pursuant to Government Code Section 54956.9.

Case: One (I).

REGULAR MEETING
Mayor Moran called the meeting to order at 7:23 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
1:8:J Mayor Jose A. Moran
1:8:J Mayor Pro Tern Gurpal Samra
1:8] Council Member Maria Baptista-Soto
1:8] Council Member Jason Roth
1:8] Council Member Jatinder Mann

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:26 p.m.

Citizen Comments via Teleconference
Attendee (name inaudible)
Citizen Comments
Mones Enriquez read a letter on behalf of Rev. Msgr. Harvey Fonseca Mayor Moran closed Citizen Comments at 7:31 p.m. as there were no further comments from the public.

A WARD, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Mayor Moran: Proclamation Recognizing Hispanic Heritage Month Mayor Moran introduced this item. He presented a proclamation recognizing Hispanic Heritage Month.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

No Report.

City Staff Announcements and Reports
• Public Works Director Anthony Chavarria
City Manager Announcements and Reports
No Report.

City Council Members' Announcements and Reports
o Council Member Jatinder Mann
• Council Member Jason Roth
" Council Member Maria Soto
• Mayor Pro Tern Gurpal Samra
Mayor's Announcements and Reports.
• Mayor Jose Moran
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission - Jatinder Mann • Merced Integrated Regional Water Management Plan (MIR WMA) -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 Gurpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIR WMA) - 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 Gnrpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission - Jose Moran. • Utility Stakeholders Committee -Jose Moran and Gurpal Samra.

CONSENT AGENDA

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

3. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated September 13, 2023

4. City Treasurer's Investment Report for the Month Ending August 31, 2023 Motion: MIS 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

DISCUSSION AND POTENTIAL ACTION ITEMS

5. Resolution Approving a Contract with F&M Bank for Banking Services or Alternative Council Direction.

Happy Bains introduced this item, and Interim City Manager Christopher Lopez provided further information on the item and responded to council questions.

Clerk's Notes: Council Member Mann recused himself. He left the Council Chambers at 7:46 p.m. before this item was discussed.

Mayor Moran opened public comments at 8:00 p.m.

Public Comments via Teleconference
Katherine Schell Rodriguez
Public Comments
Brandon Friesen
Japjeet (did not state last name)
Mayor Moran closed public comments at 8:07 p.m. as there were no further comments from the public.

Gary Ericson from F&M Bank provided information on what their bank offers and community investments, compared their banks to other banks, and responded to council questions.

Stephanie Denberg from West of America Bank clarified the details of the evaluation criteria and services charges.

Jeff Ault from West of America Bank addressed community investments and provided information on what their bank offers.

Stephanie, Jeff, and Charlie responded to council questions.

Mayor Moran opened public comments at 8:58 p.m.

Public Comments
Attendee (did not state name)
Attendee (did not state name)
Mayor Moran closed public comments at 9:08 p.m. as there were no further comments from the public.

Motion: MIS Soto/Moran to Approve Resolution No. 2023-71, Approving a Contract with F&M Bank for Banking Services. The motion carried 3-1-0-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

Roth, Soto, and Moran
Samra
None
Mann

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Workshop regarding a General Plan Update
• HDL report of taxes
• Ad Hoc Committee for the 4th of July Event
• Information on how to name streets
• Having Board of Supervisors spot on the agenda opened to all County Supervisors • Proclamation on Breast Cancer Awareness Month and Domestic Violence • Revisit the current City Motto

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:30 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 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/REGULAR MEETING

LIVINGSTON CITY COUNCIL
OCTOBER 17, 2023
A Special/Regular Meeting of the Livingston City Council was held on October 17, 2023, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:04 p.m.

ROLL CALL
C8] Mayor Jose A. Moran
C8] Mayor Pro Tern Gurpal Samra (Late Attendance)
C8] Council Member Maria Baptista-Soto
C8] Council Member Jason Roth
D Council Member Jatinder Mann (Absent)
Mayor Pro-Tern Samra entered the Council Chambers at 6:27 p.m. after roll call was taken.

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.

CLOSED SESSION
Mayor Moran opened the meeting for public comments at 6:05 p.m. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matters:

6. Conference with Legal Counsel - Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of claim no. FR IO 1594-22242, tort claim

alleging injury resulting from Zipper ride at the 2023 Sweat Potato Festival.

7. Conference with Legal Counsel regarding commencing
litigation Pursuant to Government Code Section 54956.9.

Case: One (I).

8. Public Employment, Pursuant to Government Code section 54957 Title: Community Development Director.

REGULAR MEETING
Mayor Moran called the meeting to order at 7: IO 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
D Council Member Jatinder Mann (Absent)

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7: 12 p.m.

Citizen Comments
Christan Santos Representative of the Office of Congressman John Duarte Mayor Moran closed Citizen Comments at 7: 15 p.m. as there were no further comments from the public.

A WARD, PRESENTATIONS, PROCLAMATIONS
I. Presentation by Mayor Moran: Proclamation Recognizing National Breast Cancer Awareness Mayor Moran presented a proclamation recognizing National Breast Cancer Awareness.

2. Presentation by Mayor Moran: Proclamation Recognizing National Domestic Violence Awareness
Mayor Moran presented a proclamation recognizing National Domestic Violence Awareness.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.
• Merced County Supervisor Rodrigo Espinoza gave a report.

City Staff Announcements and Reports
No Report.

City Manager Announcements and Reports
• Interim City Manager Christopher Lopez- Update on Ace Train, Recreation Center, and TCP.

City Council Members' Announcements and Reports
• Council Member Jason Roth
• Council Member Maria Soto
• Mayor Pro Tern Gurpal Samra
Mayor's Announcements and Reports.
• Mayor Jose Moran
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission -Jatinder Mann • Merced Integrated Regional Water Management Plan (MIR WMA)-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 Gnrpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission - Jose Moran. • Utility Stakeholders Committee -Jose Moran and Gnrpal Samra.

CONSENT AGENDA

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

4. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated September 27, 2023

6. Resolution Approving the Creation of a New Position and Job Description for Grants Analyst Part-Time and Amending the Master Salary Schedule.

8. Resolution (1) Approving the Memorandum of Understanding Between the County of Merced and the City of Livingston for the Paving of Dwight Way from Autry Lane to Campbell Avenue, in the Amount of $104,163.00; (2) Approval of a Supplemental from the Road Maintenance and Rehabilitation Fund for $104,163.00; and (3) Authorize the Interim City Manager to Execute the Agreement.

Motion: MIS Samra/Roth to approve the consent agenda items 3,4,6 and 8. The motion carried 4- 0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Council Members:

Council Members:

Roth, Soto, Samra, and Moran.

None
Mann

5. Resolution Authorizing the Interim City Manager to Execute an Agreement with Hansen Bridgett LLP for Specialized Legal Services.

Agenda item number 5 was pulled for further discussion.

Council Member Soto expressed her concerns that the agreement was not previously approved by council.

There was a brief discussion between council and staff regarding Agreement with Hansen Bridgett LLP for Specialized Legal Services.

Mayor Moran opened and closed public comments at 7:52 p.m. as there were no comments from the public.

Motion: MIS Samra/Roth to approve Resolution No. 2023-74, Authorizing the Interim City Manager to Execute an Agreement with Hansen Bridgett LLP for Specialized Legal Services. The motion carried 3-1-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Samra, and Moran.

Soto
Mann

7. Resolution Authorizing the Interim City Manager to Execute a Lease Agreement Between Arakelian Farms and the City of Livingston.

Agenda item number 7 was pulled for further discussion.

Council Member Soto asked about the improvements of Rec-Plex Facility.

Mayor Moran opened and closed public comments at 7:57 p.m. as there were no comments from the public.

Motion: M/S Samra/Roth to approve Resolution No. 2023-75, Authorizing the Interim City Manager to Execute a Lease Agreement Between Arakelian Farms and the City of Livingston.

The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

PUBLIC HEARINGS
Council Members:

Council Members:

Council Members:

Roth, Soto, Samra, and Moran.

None
Mann

9. General Plan Amendment Application No. GPA 2020-01 to Re-Designate the General Plan Designation from Industrial Reserve (IR) to Limited Industrial (LI), Tentative Subdivision Map Application No. TSM 2020-01- General Industrial Business Park, to Subdivide a 19.87 Acre Parcel into 22 Lots and a Storm Water Basin Lot on Property Located on West Side of Bird Street (APN 047-090-004) and the Green zone Industrial Business Park Mitigated Negative Declaration.

Mayor Moran reported that staff received a letter from the applicant to continue the item to the December 5, 2023 meeting.

Mayor Moran opened public comments at 7:59 p.m.

Public Comments
Eric Cabral
Yolanda Correa
Paul (did not state last name)
Mayor Moran closed public comments at 8:08 p.m. as there were no further comments from the public.

Motion: MIS Moran/Samra to continue agenda item number 9 to December 5, 2023. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Council Members:

Council Members:

Roth, Soto, Samra, and Moran.

None
Mann
The council directed staff to notify all property owners near the location of the project as a precaution.

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Designation of Delegates for the Merced County Association of Governments (MCAG) 2024 One Voice Trip.

Interim City Manager Christopher Lopez introduced this item.

Motion: MIS Samra/Moran to have Council Member Roth and Council Member Mann be the Delegates for the Merced County Association of Governments (MCAG) 2024 One Voice Trip.

The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Council Members:

Council Members:

Roth, Soto, Samra, and Moran
None
Mann

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Developing a committee assigned to organize the 4th of July carnival.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:19 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 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/REGULAR MEETING

LIVINGSTON CITY COUNCIL
NOVEMBER 7, 2023
A Special/Regular Meeting of the Livingston City Council was held on November 7, 2023, in the City Council Chambers with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 6:03 p.m.

ROLL CALL
!XI Mayor Jose A. Moran
D Mayor Pro Tern Gurpal Samra (Absent)
!XI Council Member Maria Baptista-Soto
!XI Council Member Jason Roth
!XI Council Member Jatinder Mann

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.

CLOSED SESSION
Mayor Moran opened the meeting for public comments at 6:05 p.m. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matters:

6. 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

7. Conference with Legal Counsel regarding commencing litigation.

Pursuant to Government Code Section 54956.9.

Case: One (I).

8. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code,§ 54956.9(d)(2):

One Matter

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
IX! Mayor Jose A. Moran
D Mayor Pro Tern Gurpal Samra (Absent)
IX! Council Member Maria Baptista-Soto
IX! Council Member Jason Roth
IX! Council Member Jatinder Mann

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

CHANGES TO THE AGENDA
Motion: MIS Mann/Roth to move item to the next city council meeting (on November 21, 2023). The motion carried 3-1-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

CITIZEN COMMENTS
Roth, Mann, and Moran.

Soto
Samra
Mayor Moran opened Citizen Comments at 7:07 p.m.

Citizen Comments
Japjeet (did not state last name)
Mario Mendoza
Parwinder ( did not state last name)
Mayor Moran closed Citizen Comments at 7: 15 p.m. as there were no further comments from the public.

A WARD, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Mayor Moran: Proclamation Recognizing Sikh American Awareness & Appreciation Month.

Mayor Moran presented a Proclamation recognizing Sikh American Awareness & Appreciation Month.

2. Presentation by Dean Perry, Doug Walker, Mackenzie Darkow, and Connor Secrest from Trane Technologies: Trane Energy Services Company Project Updates.

Dean Perry, Doug Walker, Mackenzie Darkow, and Connor Secrest from Trane Technologies presented this item. They gave a presentation on Trane Energy Services Company Project Updates. Mr. Perry responded to Council questions.

Mayor Moran opened and closed public comments at 7:40 p.m. as there were no comments from the public.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

Merced County Supervisor Rodrigo Espinoza gave a report.

City Staff Announcements and Reports
• Public Works Superintendent Tony Avina-Public Works Department Updates.

City Manager Announcements and Reports
• Interim City Manager Christopher Lopez
City Council Members' Announcements and Reports
• Council Member Jatinder Mann
• Council Member Jason Roth
• Council Member Maria Soto
Mayor's Announcements and Reports.
• Mayor Jose Moran
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission - Jatinder Mann • Merced Integrated Regional Water Management Plan (MIR WMA) - 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 Gurpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIR WMA) - 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.

Gurpal 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

3. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated October 23, 2023.

4. City Treasurer's Investment Report for the Month Ending September 30, 2023.

5. Consideration of a Resolution Accepting the Proposal and Awarding a Contract to St. Francis Electric for the Traffic Signal Maintenance Services and Authorizing the Interim City Manager to Execute the Agreement. Staff Recommendation: Approve Resolution.

6. Consideration of a Resolution Authorizing Approval of Purchase of One (I) New Portable Diesel Generator (20Kw Prime Power/ 25 KVA Diesel Powered (Doosan 018) Tailer Mounted, Sounded Attenuated, Tier 4T from PAC Machine Company, in the Amount of$33,602.22 and Authorizing the Interim City Manager to Execute All Required Documents. Staff Recommendation: Approve Resolution.

Mayor Moran opened and closed public comments at 8:21 p.m. as there were no comments from the public.

Motion: M/S Roth/Mann to approve the consent agenda. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

PUBLIC HEARINGS
Council Members:

Council Members:

Council Members:

Roth, Mann, Soto, and Moran.

None
Samra

7. Consideration of an Ordinance of the City Council of the City of Livingston Amending Chapter 7, of Title 1, Establishing Section 1-7-6 City Clerk Responsibilities and Section 1-7-7 Deputy City Clerk Responsibilities. 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.

Motion: M/S Mann/Roth to move item to the next city council meeting (on November 21, 2023).

The motion carried 3-1-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Council Members:

Council Members:

Roth, Mann, and Moran.

Soto
Samra

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Consideration of a Resolution Approving a Second Amendment to a Professional Service Agreement with Mintier Harnish Planning Consultants for the Preparation of a General Plan Update and Accompanying Environmental Impact Report; Also Amending the Fiscal Year Budget and Approving a Supplemental Budget Adjustment to Fund the Update. Staff Recommendation: Approve Resolution.

Contract City Planner Miguel Galvez introduced this item and responded to council questions.

Mayor Moran opened public comments at 8:34 p.m.

Public Comments
Bob Wallis
Mayor Moran closed public comments at 8:35 p.m. as there were no further comments from the public.

Motion: MIS Moran/Roth to Approve Resolution No. 2023-78, Approving a Second Amendment to a Professional Service Agreement with Mintier Harnish Planning Consultants for the Preparation of a General Plan Update and Accompanying Environmental Impact Report; Also Amending the Fiscal Year Budget and Approving a Supplemental Budget Adjustment to Fund the Update. 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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:38 p.m.

City Clerk of the City of Livingston

APPROVED:

Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of spec/fie 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/REGULAR MEETING

LIVINGSTON CITY COUNCIL
DECEMBER 5, 2023
A Special/Regular Meeting of the Livingston City Council was held on December 5, 2023, in the City Council Chambers with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 6:03 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
0 Council Member Jatinder Mann (Absent)

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.

CLOSED SESSION
Mayor Moran opened the meeting for public comments at 6:04 p.m. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matters:

6. Conference with Legal Counsel regarding commencing litigation.

Pursuant to Government Code Section 54956.9.

Case: One (1 ).

7. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to
Gov. Code,§ 54956.9(d): One (1) matter

REGULAR MEETING
Mayor Moran called the meeting to order at 7:13 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
D Council Member Jatinder Mann (Absent)

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7: 14 p.m.

Citizen Comments
Mario Mendoza
Yolanda Correia
Amer Paul Singh
Robert Wallis
Paul Smith
Areni (did not state last name)
Dr. Nadine Villafana, Vice President of the Hispanic Chamber of Commerce Brian Blue
Yolanda Correia
Amer Paul Singh
Mario Mendoza
The council and staff responded to citizen comments.

Mayor Moran closed citizen comments at 7:40 p.m. as there were no further comments from the public.

At 7:40 p.m. Mayor Moran called for a brief recess.

At 7:47 p.m. the meeting was reconvened.

Mayor Moran stepped out of the dais at 7:49p.m. and returned at 7:50 p.m.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports
• Robert Wynne, Fire Apparatus Engineer- Fire Department Update.

Supervisor Rodrigo Espinoza Announcements and Reports.
• Merced County Supervisor Rodrigo Espinoza gave a report.

City Manager Announcements and Reports
No Report.

City Council Members' Announcements and Reports
" Council Member Jason Roth
• Mayor Pro-Tem Gurpal Samra
Mayor's Announcements and Reports.
• Mayor Jose 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 Gurpal 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.

Gurpal 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. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated November 22, 2023.

2. City Treasurer's Investment Report for the Month Ending October 3 I, 2023.

3. Consideration ofa Resolution Authorizing Submittal oflndividual Grant Applications to CalRecycle for All Grant Programs for Which the City of Livingston is Eligible and Authorizing the Interim City Manager to Execute all Required Documents: Staff Recommendation: Approve Resolution.

4. Consideration of a Resolution Accepting the Proposals From Calgon Carbon Corporation for the Replacement of Granulated Activated Carbon Media at Well No. 8 and Well No. 16 and Making Findings Supporting that the Procurement for these Materials and Services is Exempt from Competitive Bidding Requirements. Staff Recommendation: Approve Resolution.

5. Consideration ofa Resolution Accepting the Fire Department Inspection Report in Compliance with Senate Bill 1205. Staff Recommendation: Approve Resolution.

Mayor Moran opened and closed Public Comments at 8:29 p.m. as there were no comments from the public.

Motion: M/S Samra/Roth to approve the consent agenda. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

PUBLIC HEARINGS
Council Members:

Council Members:

Council Members:

Roth, Soto, Samra, and Moran.

None
Mann

6. Consideration ofan Ordinance of the City Council of the City of Livingston Amending Chapter 7, of Title I, Establishing Section 1-7-6 City Clerk Responsibilities and Section 1-7-7 Deputy City Clerk Responsibilities. 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.

Interim City Manager Christopher Lopez introduced this item.

Mayor Moran opened public comments at 8:35 p.m.

Public Hearing:

Deputy City Clerk Cisneros read a public comment email from Katherine Schell Rodriguez.

Mayor Moran closed public comments at 8:37 p.m. as there were no further comments from the public.

The Council discussed whether to continue the item since Council Member Mann was not in attendance.

The Council concurred with moving forward with the item.

Motion: M/S Samra/Roth to Approve Ordinance with Option 1 (which directs staff to explore the opportunity to go to an appointed City Clerk versus an elected City Clerk). The motion carried 4- 0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Council Members:

Council Members:

Roth, Soto, Samra, and Moran.

None
Mann

7. Consideration ofa Resolution Declaring Its Intention to Annex Territory to a Community Facilities District and to Authorize the Levy of Special Taxes Therein, The City of Livingston Community Facilities District No. 2017-1 (Public Services) Annexation No. 3. Open the Public Hearing, Close the Public Hearing and Approve the Resolution as Presented.

Mayor Moran opened and closed public comments at 9:05 p.m. as there were no comments from the public.

Motion: M/S Moran/Samra to approve the Resolution Declaring Its Intention to Annex Territory to a Community Facilities District and to Authorize the Levy of Special Taxes Therein, The City of Livingston Community Facilities District No. 2017-1 (Public Services) Annexation No. 3.

Open the Public Hearing, Close the Public Hearing and Approve the Resolution as Presented. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Council Members:

Council Members:

Roth, Soto, Samra, and Moran.

None
Mann

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Discussion and Direction Regarding Municipal Code Section 3-2-8 Restaurant on Wheels.

Interim City Manager Christopher Lopez introduced this item.

Mayor Moran opened public comments at 9:07 p.m.

Public Comments
Areli Barajas
Mayor Moran closed public comments at 9: 10 p.m. as there were no further comments from the public.

There was a brief discussion between staff and the council on the Municipal Code Section 3-2-8 Restaurant on Wheels.

Jen Barajas and Areli Barajas responded to council questions regarding their proposed business.

Interim City Manager Lopez confirmed with the Council whether they wanted to explore the item, bring back options, and update the ordinance section of sidewalk vending.

The Council suggested bringing back the item with options and an updated ordinance.

8. Consideration of a Resolution 1) Select the Desired SB-1383-Compliant Two Cart or Three Cart Collection System; and 2) Authorize the Interim City Manager to Negotiate a Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Waste Collection Services with Gilton Solid Waste Management Inc.; and 3) Approve an Amendment to the Agreement with Gilton Solid Waste Inc. For an Additional Two (2) Months While Negotiating the Final Franchise Agreement; and 4) Authorize the Interim City Manager to Negotiate Minor Adjustments to the Contract Extension in Accordance with Legal Concurrence. Staff Recommendation: Approve Resolution.

The council was in consensus to move item 8 after item 9.

Public Works Director Anthony Chavarria introduced this item.

Philip Manolfi, with HF&H Consultants, gave a presentation on solid waste, recyclable materials, and organic waste collection services' procurement overview. Mr. Manolfi responded to Council questions.

Savannah Gilton responded to the council's question regarding how they determine how old the garbage containers are.

The council concurred on a two-cart collection service-option 2B of the proposal (which states, "Two-container collection and processing system (comingled solid waste/recyclable materials and organic waste) utilizing new collection containers for residential customers whose containers are older than two (2) years old)."
Mayor Moran opened and closed public comments at 10:09 p.m. as there were no comments from the public.

Motion: MIS Samra/Roth to approve Option 2B -a two (2) container collection and processing system (keeping old containers) and approve Resolution No. 2023-83, Authorizing the Interim City Manager to Negotiate a Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Waste Collection Services with Gilton Solid Waste Management Inc.; and 3) Approve an Amendment to the Agreement with Gilton Solid Waste Inc. For an Additional Two (2) Months While Negotiating the Final Franchise Agreement; and 4) Authorize the Interim City Manager to Negotiate Minor Adjustments to the Contract Extension in Accordance with Legal Concurrence.

The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Council Members:

Council Members:

Roth, Soto, Samra, and Moran.

None
Mann

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

ADJOURNMENT
The meeting was adjourned by consensus at approximately l 0: 12 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 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

REGULAR MEETING

LIVINGSTON CITY COUNCIL
DECEMBER 19, 2023
A Regular Meeting of the Livingston City Council was held on December 19, 2023, in the City Council Chambers with Mayor Moran presiding.

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

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

ROLL CALL
C8J Mayor Jose A. Moran
C8J Mayor Pro Tern Gurpal Samra
C8J Council Member Maria Baptista-Soto
C8J Council Member Jason Roth
C8J Council Member Jatinder Mann

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.

No Report.

City Staff Announcements and Reports
No Report.

City Manager Announcements and Reports
• Interim City Manager Christopher Lopez
City Council Members Announcements and Reports
" Council Member Jatinder Mann
" Council Member Jason Roth
" Council Member Maria Soto
• Mayor Pro-Tern Gurpal Samra
Mayor's Announcements and Reports.
• Mayor Jose 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 Gurpal 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.

Gurpal 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
1 . RATIFY CHECK WARRANTS
Ratify Warrant Register Dated November 15, 2023.

2. City Treasurer's Investment Report for the Month Ending November 30, 2023.

3. Consideration of a Resolution Authorizing the Interim City Manager to Execute an Agreement with Gov Invest, Inc. For Financial Modeling Software. Staff Recommendation: Approve Resolution.

4. Consideration of a Resolution Adopting the Master Salary Schedule Establishing the State Mandated Minimum Wage Increase for Employees Working Within the City of Livingston Effective January 1, 2024. Staff Recommendation: Approve Resolution.

5. Consideration of a Resolution Approving the Payment of Bonds for City Employees as Required by the Livingston Municipal Code. Staff Recommendation: Approve Resolution.

7. Consideration of a Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement with Bryant L. Jolley Certified Public Accountants and Approve a Supplemental Appropriation of $40,000 Per Fiscal Year for Funding Mayor Moran opened and closed public comments at 7:31 p.m.as there were no comments from the public.

Motion: MIS Samra/Roth to approve the consent agenda items 1,2,3,4,5, and 7. 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

6. Consideration of a Resolution Formalizing the Sister City Partnership Between the City of Jalostotitlan, Jalisco, Mexico and the City of Livingston, California, United States of America Mayor Moran opened and closed public comment at 7:45 p.m. as there were no comments from the public.

Motion: MIS Samra/Roth to approve the consent agenda item 6. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

PUBLIC HEARINGS
Council Members:

Council Members:

Council Members:

Roth, Mann, Soto, Samra, and Moran.

None
None

8. Consideration ofan Ordinance of the City Council of the City of Livingston Amending Chapter 7, of Title l, Establishing Section 1-7-6 City Clerk Responsibilities and Section 1-7-7 Deputy City Clerk Responsibilities. Staff Recommendation: Waive the Second Reading and Adopt Ordinance by Title Only, Open the Public Hearing, Close the Public Hearing and Approve the Ordinance as Presented.

Interim City Manager Crhistopher Lopez introduced this item.

Mayor Moran opened and closed public hearing at 7:47 p.m. as there were no comments from the public.

Motion: MIS Moran/Samra to Waive the Second Reading and Adopt Ordinance by Title Only, Open the Public Hearing, Close the Public Hearing and Approve the Ordinance as Presented. 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

9. Discussion and Direction Regarding the July 4th Celebration.

Interim City Manager Christopher Lopez introduced this item.

Motion: MIS Soto to Authorize the Interim City Manager to execute an agreement with Paul Maurer shows subject to review and concurrence from the City Attorney and Authorize the formation of the volunteer committee to plan and develop the plan for the larger 4th of July celebration.

Council Member Soto amended her motion.

Motion: M/S Soto/Samra to Authorize the Interim City Manager to execute an agreement with Paul Maurer shows subject to review and concurrence from the City Attorney and Authorize the. formation of an Ad-Hoc Committee to plan and develop the plan for the larger 4th of July celebration.

Council Member Soto amended her motion.

City Attorney noted that committees must only have two or less council members.

Mayor Moran opened and closed public comment at 8:06 p.m. as there were no comments from the public.

Motion: M/S Soto/Samra to Authorize the Interim City Manager to execute an agreement with Paul Maurer shows subject to review and concurrence from the City Attorney and Authorize the formation of a Standing Committee to plan and develop the plan for the larger 4th of July celebration. 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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Supplemental water alternative (water basin) for the city • Ordinance for synthetic grass

• Review of current landscape requirements.
• Explore the use of City Buildings (Child Development Center, Senior Center) • Invite Livingston Youth Football and Cheer for a presentation. • Add signage representing Veterans.
• Installing Centennial plaque.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:12 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 official record of the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Approving the purchase of one (1) New 2024 Chevrolet Blazer EV (2024 Chevrolet Blazer EV, AWD 4dr LT) from National Auto Fleet Group, in the amount of $54,766.04; and Authorizing the Interim City Manager to execute all required documents.

August 20, 2024
Anthony Chavarria, Director of Public Works
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution of the City Council of the City of Livingston Approving the purchase of a New 2024 Chevrolet Blazer EV from National Auto Fleet Group, in the amount of $54,766.04 and Authorizing the Interim City Manager to execute all required documents.

BACKGROUND:

The Public Works Department is seeking approval to purchase an electronic vehicle (EV) to enhance transportation capabilities while aligning with our commitment to sustainability. Transitioning to an EV will reduce our reliance on fossil fuels, decrease operational costs through lower fuel and maintenance expenses, fewer repairs related to engine wear, and minimize our environmental impact by reducing greenhouse emissions. Investing in EV prepares the department for future regulations and policies that may increasingly favor or mandate low-emission vehicles.

DISCUSSION:

City staff intends to use the procurement services from SourceWell to meet the City of Livingston Municipal Code Title 1, Chapter 11 for purchasing. SourceWell is a public agency that offers national, competitively solicited purchasing contracts that meet the California Government Code Section 6502 for cooperative purchasing agreements.

The new Chevrolet Blazer EV will be purchased through SourceWell's contract with National Auto Fleet Group. The quote for the Chevrolet Blazer EV is attached.

FISCAL IMPACT:
$54,766.04 Expended from FY 2024-2025 approved budget from the Water and Wastewater Operations Fund.

ATTACHMENTS:

1. Resolution

2. Exhibit "A" Cost Proposal from National Auto Fleet Group for the amount of $54,766.04

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING THE PURCHASE OF ONE (1) NEW 2024 CHEVROLET BLAZER EV FROM NATIONAL AUTO FLEET GROUP, IN THE AMOUNT OF $54,766.04; AND

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE ALL REQUIRED

DOCUMENTS
WHEREAS, the Public Works Department is seeking approval to purchase an electronic vehicle (EV) to enhance transportation capabilities while aligning with our commitment to sustainability; and
WHEREAS, transitioning to an EV will reduce our reliance on fossil fuels, decrease operational costs through lower fuel and maintenance expenses, fewer repairs related to engine wear, and minimize our environmental impact by reducing greenhouse emissions; and WHEREAS, investing in EV prepares the department for future regulations and policies that may increasingly favor or mandate low-emission vehicles.; 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 the purchase of one (1) New 2024 Chevrolet Blazer EV from National Auto Fleet Group, in the amount of $54,766.04
Section 2. Authorize the Interim City Manager to execute all required documents 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 20th day of August 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST
01424.0001/910135.1
By:----------- Jose A. Moran, Mayor
Of City of Livingston

Resolution No.

Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney

Exhibit A
National Auto Fleet Group ·'
A Division of Chevrol et o f Wa L s onvdt c
490 Auto Center Drive, Watsonville, CA 95076
(855] 289-6572 • (831) 480-8497 Fax
F leet@Natio nalAuto Fie etG ro up. com
07/08/2024
Anthony Chavarria
City of Livingston
1416C St.

Livingston, CA 95334
Dear Anthony Chavarria,
Quote l0#29145
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.

One (1) New/Unused (2024 Chevrolet Blazer EV (1 MC26) eA WD 4dr LT, YIN#RS201969), each for
Contract Price
Tax (7. 75000%)
Delivery
Tire Fee
Total
-per your attached specifications:
(!)One Unit
$ 50.494.00
$ 3,913.29
$ 350.00
$ 8.75
$ 54,766.04
This vehicle(s) is availahle under the Soun.:c" ell Contract 09152 1-i\AF. Please reference this Contract Number on all Purchase Orders to National Auto fleet Group.

Payment terms are Net 20 days after receipt of vehicle.

Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
~ · -
Jesse C ool.i~
National Fleet Manager
Office (855) 289-6572
rnlf.i--tWi ® TOYOTA
&

7/8/24, 1 :25 PM Sell. service. and deliver letter
Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:

Email: Fleet@NationalAutoFleetGrouJ!.com
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.

Learn how to track your vehicle:

Use the upfitter of your choice:

Vehicle Status:

General Inquiries:

Additional Resources
www.NAFGETA.com
www.NAFGpartner.com
[email protected]
[email protected]
For general questions or assistance please contact our main office at:
1-855-289-6572
https://nahonalautofleelgrotm.corniOrderReques!/SSDPrinl/2849B?ws=true&se=lrue&ssdType=2&knm=truc 3/11

718/24, 1:25 PM Sell, service. and deliver letter
Vehicle Configuration Options
• EMISSIONS
I
Code Description
FE9 Emissions, Federal requirements
ENGINE
:code Description
:ENO Engine, none, (STD)
i TRANSMISSION
!
·code Description
MF1 Transmission, none (electric drive unit), (STD)
: PREFERRED EQUIPMENT GROUP
Code Description
2LT LT Preferred Equipment Group, includes standard equipment :WHEELS
:
:Code Description
RT9 Wheels, 19" (48.3 cm) machined-face aluminum, (STD) PAINT
Code Description
GXD Sterling Gray Metallic

SEAT TYPE
Code Description
AR9 Seats, front bucket, (STD)

SEAT TRIM
Code Description :

H9F Black, Evotex seat trim I '
1 CHARGING CORD
: Code Description
.. PSC Dual Level Charge Cord, dual-mode, portable, (STD) , ADDITIONAL EQUIPMENT
Code Description
https://nationalautofieetgroup.corn/OrderReques1/SSOPrinl/28498?ws=true&se=:\rue&ssdTypc=2&knm-:::\rue 4/11

7/8/24, 1 :25 PM Sell, service, and deliVP.r letter
Comfort and Convenience Package, includes (A2X) driver 8-way power seat adjuster, (AL9) driver 2-way power lumbar seat adjuster, (A7J) front passenger 6-way power seat adjuster, (AT9) front passenger 2-way power lumbar seat adjuster, (KAG) heated driver and ZFT front passenger seats, (H9F) Black Evotex interior, (K7 A) wireless phone charging, (N53) wrapped steering wheel, (K13) heated steering wheel, (D08) auto-dimming inside rearview mirror, (OMA) outside heated, power-adjustable, power-folding, driver-side auto-dimming mirrors, (TCP) AutoSense Power Liftgate, (V6K) satin aluminum finish roof rails, (CTT) Hitch Guidance, (PZ8) Hitch View and (V92) wiring trailering provisions.

Convenience and Driver Confidence Package, includes (KSG) Adaptive Cruise Control, WPN (UKK) Rear Pedestrian Alert, (UOW) Side Bicyclist Alert, (UV2) HD Surround Vision, (UGN) Enhanced Automatic Emergency Braking, (CTB) Intersection Automatic Emergency Braking and (UVZ) Reverse Automatic Braking
V92 Trailering provisions, wiring
CTT Hitch Guidance
PZ8 Hitch View
V6K Roof rails, satin aluminum finish
OMA Mirrors, outside heated, power-adjustable, power-folding, driver-side auto-dimming TCP AutoSense Power Liftgate programmable, hands free
K7A Wireless Phone Charging
KAG Seats, heated driver and front passenger cushion and seatback A2X Seat adjuster, driver 8-way power
AL9 Seat adjuster, driver 2-way power lumbar
A7J Seat adjuster, front passenger 6-way power
AT9 Seat adjuster, front passenger 2-way power lumbar
N53 Steering wheel, wrapped
Kl3 Steering wheel, heated
KSG Adaptive Cruise Control
D08 Mirror, inside rearview auto-dimming
UGN Enhanced Automatic Emergency Braking
CTB Intersection Automatic Emergency Braking
uvz Reverse Automatic Braking
UKK Rear Pedestrian Alert :

UV2 HD Surround Vision I
: uow Side Bicyclist Alert :
:

Mobile Service Plus .. MobileService+ is a suite of service conveniences for 3 years - t : ' Mobile Service, Pick-up & Delivery with loaner, Loaner with Drop off and One Touch POV ! ~11rr,0rl I\Jlr,hilo~,::,.rvir;c,-+- v=in lMill rr.r"nP fr, yr.11r hom<=> tn 0i=irfnrn, c::.i::i-1.,:::.~t c::.,=,.rvir.P<:: nr riir.k 11p your vehicle and return it once the service is completed at the dealership. Cost of part and labor are not included.

OPTION DISCOUNT
Code Description
Option/Package Discount
h Ups:/ /national auloflee\group. com/Or derRequ es 1/SS DP rin l/28 49 8 '>ws "'lrue&~ e=1 rue &ss d Type-;;:- 2 &kn m = \ru C' 5/11

718124, 1 :25 PM Sell, service, and deliver let1er
2024 Fleet/Non-Retail Chevrolet Blazer EV eAWD 4dr LT

WINDOW STICKER
2024 Chevrolet Blazer EV eAWD 4dr LT
CODE
1MC26
FE9
ENO
MF1
2LT
RT9
GXD
AR9
H9F
PSC
ZFT
WPN
V92
CTT
PZB
V6K
OMA
TCP
K7A
KAG
A2X
AL9
A7J
AT9
N53
Kl3
MODEL
2024 Chevrolet Blazer EV eAWD 4dr LT

OPTIONS
Emissions, Federal requirements
Engine, none, (STD)
Transmission, none (electric drive unit), (STD)
LT Preferred Equipment Group, Includes standard equrpment Wheels. 19" (48.3 cm) machined-face aluminum, (STD)
Sterling Gray Metallic
Seats. front bucket, (STD)
Black, Evotex seal lnm
Dual Level Charge Cord, dual-mode, portable, (STD)
Comfort and Convenience Package, includes (A2X} driver 8-way power seat adjuster, (AL9} driver 2-way power lumbar seat adjuster, (A7 J) front passenger 6-way power seat adjuster, (AT9) front passenger 2-way power lumbar seat adjuster, (KAG) heated driver and front passenger seats, (H9F) Black Evotex interior, (K7A) wireless phone charging, (N53) wrapped steering wheel. (Kl3) heated steering wheel. (008) auto-dimming inside rearview mirror. (OMA) outside heated, poweradjustable, power-folding, driver-side auto-dimming mirrors, (TCP) AutoSense Power Liftgate, (V6K) satin aluminum finish roof rails. (CTT) Hitch Guidance, (PZ8) Hitch View and (V92) wiring trailering provisions.

Convenience and Driver Confidence Package, includes (KSG) Adaptive Cruise Control. (UKK) Rear Pedestrian Alert, (UOW) Side Bicyc11stA!ert, (UV2) HD Surround Vision, (UGN) Enhanced Automatic Emergency Braking, (CTB) Intersection Automatic Emergency Braking and (UVZJ Reverse Automatic Braking
Trailering provisions, wiring
Hitch Guidance
Hitch View
Roof rails, salin aluminum finish
Mirrors, outside heated. power-adjustable, power-folding. driver-side auto-dimming AutoSense Power Liftgate programmable, hands free
Wireless Phone Charaina
Seats, heated driver and front passenger cushion and seatback Seat adjuster, driver 8-way power
Seat adjuster, driver 2-way power lumbar
Seat adjuster, front passenger 6-way power
Seat adjuster, front passenger 2-way power lumbar
Steering wheel, wrapped
Steering wheel, heated
htlps://n a t1onala u torleetgroup, com/OrderReq ues t/SS D Prin t/284 98 ?w s"' I ru c &se :::truc,~ssd Type= 2 ,::.kn m =true MSRP
$48,800.00
$0.00
$0.00
$D.00
$0.00
$0.00
$0.00
$0.00
INC
$0.00
$2,295.00
$1,225.00
INC
INC
INC
INC
INC
INC
INC
INC
INC
INC
INC
INC
INC
INC
6!11

7/8/24, 1 :25 PM
KSG Adaptive Cruise Control
Mirror, inside rearview auto-dimming
Enhanced Automatic Emergency Braking
Intersection Automatic Emergency Braking
Reverse Automatic Braking
Rear Pedestrian Alert
HD Surround Vision
Side Bicyclist Alert
Sell, service, crnd deliver letter
DD8
UGN
CTB
uvz
UKK
UV2
uow
R9V Mobile Service Plus., MobileService+ is a suite of service conveniences for 3 years - Mobile Service, Pick-up & Delivery with loaner, Loaner with Drop off and One Touch Support, MobileService+ van will come to your home to perform select services or pick up your vehicle and return it once the-service is completed at the dealership. Cost of part and labor are not included.

Option/Package Discount
Please note selected options override standard equipment

SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge

TOTAL PRICE
Est City: 18 (2023) MPG
Est Highway: 23 (2023) MPG
Est Highway Cruising Range: 492,20 mi
INC
INC
INC
INC
INC
INC
INC
INC
$599.00
($3,520.00)
$49,399.00
$0.00
$1,395.00
$50,794.00
Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.

Notes
ht1ps://natlonalaulofleetgroup.com/OrderRequesVSSDPrint/28498?ws=true&se=true&ssdType=2&knm=truc 7/11

7/8/24,' 1:25 PM Sell, service, and deliver lettAr
Standard Equipment

MECHANICAL
Engine, none (STD)
Dual Level Charge Cord, dual-mode, portable 120-volt (1.4 kW) and 240-volt (7.7 kW) capability, swappable NEMA 5-15 and NEMA 14-50 plugs with SAE J1772 vehicle connection (STD) Transmission, none (electric drive unit) (STD)

EXTERIOR
jWheels, 19" (48.3 cm) machined-face aluminum with painted pockets (STD)j

INTERIOR
jseats, front bucket (STD) I
TIRES
!Tires, 255/60R19 all-season blackwall includes (KTI) tire inflator kitj

ADDITIONAL EQUIPMENT
Chevy Safety Assist includes Automatic Emergency Braking, (UKT) Front Pedestrian Braking, (UKM) Lane Keep Assist with Lane Departure Warning, (UEU) Forward Collision Alert and (TQ5) lntelliBeam Battery, Ultium Propulsion, 85 kWh Battery Rated Energy. 150 kW DC fast charging capable Battery, 12V/60AH, 680 ENCCA
AC Charging, 11.5 kW capable
Propulsion, electric_ two-motor all-wheel drive (eAWD)
Electronic Precision Shift
Emission system zero emission vehicle (ZEV)
GVWR, 6504 lbs. (2950 kg)
Suspension, Ride and Handling
Steering, power, non-variable ratio, electric
Brali:oo, -4-whool antilooh: dioo
. Brake rotor, FNC
ii Brake lining, non-asbestos, organic
jTire, spare, none
i'Tire inflator kit (Included and only available with (QBX) 255/60R19 all-season blackwall tires.) ! Moldings, door upper, low gloss Black
I
• Grille, body color • <• .-----·· --·-·--· --·--·-······-- hl1ps://nationalautoneetgroup.com/OrderRequest/SSDPrinl/28498?ws-:ctrue&se=true&ssdType=2&knm=true 8/11

718/2~, 1 :25 PM Sell, service, and deliver letter
Headlamp control, automatic on and off
· Headlamps, LED
lntelliBeam, auto high beam
: Mirror caps, body-color
Glass, acoustic, laminated windshield
• Glass, rear, deep tint
• Wipers, front intermittent
Wiper, rear intermittent
License plate front mounting package
: Door handles, body-color
: Recovery hook, front
Recovery hook, rear
Audio System, 17.7" diagonal advanced color LCD display with Google built-in compatibility (select service plan required, terms and limitations apply), including navigation capability, connected apps, personalized profiles for each driver's settings, Natural Voice Recognition Audio system feature, 6-speaker system
SiriusXM with 360L includes a trial subscription to the Platinum Plan. Experience more channels in the vehicle, a more personalized experience and easier navigation. (IMPORTANT: The SiriusXM trial : package is not provided on vehicles that are ordered for Fleet Daily Rental ("FDR") use. Trial subscription subject to the SiriusXM Customer Agreement and privacy policy, visit siriusxm.com which : includes full terms and how to cancel. All fees, content, features, and availability are subject to change.

Some features require GM connected vehicle services.)
• 5G Wi-Fi Hotspot capable (Terms and limitations apply. See onstar.com or dealer for details.) Bluetooth for phone connectivity to vehicle infotainment system Google Automotive Services capable
Antenna, roof-mounted shark fin
Seat trim, Evotex
• Seat, rear 60/40-split, fold-flat
Headrest, rear center
Armrest. rear center
Floor mats, front, carpeted
!floor mats, rear, carpeted
. Steering column, tilt and telescopic
jSteering wheel controls, audio Driver Information Center and phone interface controls Compass display I
vvinaow, power, ur1ver, exJJ1e,;e, UJJ c111u uuw11
• Window, power, front passenger with express down
. Windows, power rear, express down
l Remote Start, key fob
: Remote Start, smartphone app
Remote panic alarm
: _l<eyless Open .. . - ·----·-··
hltps://nationalautofleetgroup.com/OrderRequcsVSSDPrint/2B498?ws=truc&se=true&ssdType=2&knm=true- 9/11

7/8/Z4, 1 :25 PM Sell, service, and deliver letter
Theft-deterrent system, immobilizer
, Theft-deterrent system, unauthorized entry
USB ports, 2 type-C, located forward of cupholders
; USB port, type-C, located within the center console armrest bin j USB ports, 2 type-C, located on back of center console, charge-only jPower outlet, 12-volt, located in center console compartment :Air conditioning, single-zone automatic climate control Air filter, pollutant
Sensor, cabin humidity and windshield temperature
Vent, rear console, air
Defogger, rear-window electric
Glovebox
Driver Information Center, 11" diagonal display
:,Visors, driver and front passenger illuminated sliding vanity mirrors, covered !Lighting, interior, front, courtesy and dual reading lights • Lighting, interior, roof, rear courtesy and dual reading lights , Map pocket, front passenger seatback
Door locks, power
I Console, floor, with armrest
!cargo tie-downs
, Rear Cross Traffic Braking
, Front Pedestrian and Bicyclist Braking
StabiliTrak, stability control system
Traction control, electronic
Daytime Running Lamps
, Airbags, frontal knee and seat-mounted side-impact for driver and front passenger, and roof-rail mounted head-curtain for outboard sealing positions. Includes Passenger Sensing System for front passenger (Always use seat belts and child restraints. Children are safer when properly secured in a rear seat in the appropriate child restraint. See the Owner's Manual for more information.) OnStar and Chevrolet connected services capable (Terms and limitations apply. See onstar.com or dealer for details.)
· Rear Park Assist
Forward Collision Alert
Following Distance Indicator I , Lano Koop Aocict with Lano Dop;:;\rb .. -1r·-o Wo.rnin9 ' ' Blind Zone Steering Assist I · LED Reflective Windshield Collision Alert
i Safety Alert Seat
Seat belt indicators, driver, front passenger and rear passengers Seat belts, 3-point, all positions, includes front and rear seat belt pretensioners Buckle to Drive prevents vehicle from being shifted out of Park until driver seat belt is fastened; times out af1Elr20~-Elcc:>r1<1s and encourages seat belt use ····-•--*~-- ht1ps://natlonalaulofleelgroup.com/OrderRequestJSSDPrint/28498?ws=true&se=true&ssdType=2&knm=lrue 10/11

7/8/24, 1 :25 PM Sell, service, and deliver letter
Teen Driver a configurable feature that lets you activate customizable vehicle settings associated with a key fob, to help encourage safe driving behavior. It can limit certain available vehicle features, and it prevents certain safety systems from being turned off. It includes the Buckle-to-Drive feature which prevents the driver from shifting from Park for up to 20 seconds if the driver's seat belt is not buckled.

An in-vehicle report card gives you information on driving habits and helps you to continue to coach your new driver
LATCH system (Lower Anchors and Tethers for CHildren), for child restraint seats Rear Seat Reminder
Door locks, rear child security
Tire Fill Alert
Tire Pressure Monitor System, auto learn
8 Years of OnStar Remote Access. The OnStar Remote Access Plan gives you simplified remote control of your properly equipped vehicle and unlocks a variety of great features in your myChevrolet mobile app. See dealer for details. (On Star Remote Access Plan does not include emergency or security services. Fleet customers will get Fleet Remote Access through OnStar Vehicle Insights. See onstar.com for details and limitations. Available on select Apple and Android devices. Service availability, features and functionality vary by vehicle, device, and the plan you are enrolled in. Terms apply. Device data connection required.)
https://nationalautofleelgroup,com/OrderRequesUSSDPrint/28498?ws=true&se=true&ssdType=2&knm=lrue 11111

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Approving the purchase of one (1) New Backhoe Loader Tractor (John Deere 310 P-Tier) from Pape Machinery, in the amount of $127,162.14, and Authorizing the Interim City Manager to execute all required documents.

August 20, 2024
Anthony Chavarria, Director of Public Works
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution of the City Council of the City of Livingston approving the purchase of one (1) New Backhoe Loader tractor from Pape Machinery, in the amount of $127,162.14, and authorize the Interim City Manager to execute all required documents.

BACKGROUND:

The Public Works department utilizes a backhoe extensively for essential infrastructure tasks such as excavation, trenching and utility installation. From time to time, it is necessary to replace aging fleet equipment that has exceeded their life expectancy. The backhoe's versatility allows it to effectively handle diverse projects ranging from road repairs and drainage maintenance to landscaping and emergency response efforts.

By facilitating excavation for underground utilities and clearing debris the backhoe enhances operational efficiency, accelerates project timelines, and supports the departments mandate to maintain and improve public infrastructure effectively.

DISCUSSION:

City staff intends to use the procurement services from SourceWell to meet the City of Livingston Municipal Code Title 1, Chapter 11 for purchasing. SourceWell is a public agency that offers national, competitively solicited purchasing contracts that meet the California Government Code Section 6502 for cooperative purchasing agreements.

The new backhoe tractor will be purchased through SourceWell's contract with Pape Machinery. The quote for the backhoe is attached.

FISCAL IMPACT:
$127,162.14 Expended from FY 2024-2025 approved budget from PW, Water, Sewer and LMDs.

Department Account
Public Works 1100-105-7 410
Water 2100-810-7410
Sewer 2101-815-7410
LMDs 1211-(301-326)-7410

ATTACHMENTS:

1. Resolution

2. Exhibit "A" Cost Proposal from Pepe Machinery for the amount of $127,162.14

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING THE PURCHASE OF ONE (1) NEW BACKHOE LOADER TRACTOR (JOHN DEERE 310 P-TIER) FROM PAPE MACHINERY, IN THE AMOUNT OF $127,162.14; AND

AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE ALL REQUIRED

DOCUMENTS
WHEREAS, the Public Works department utilizes a backhoe extensively for essential infrastructure tasks such as excavation, trenching and utility installation; and WHEREAS, from time to time, it is necessary to replace aging fleet equipment that has exceeded their life expectancy; and
WHEREAS, the backhoe's versatility allows it to effectively handle diverse projects ranging from road repairs and drainage maintenance to landscaping and emergency response efforts; and
WHEREAS, by facilitating excavation for underground utilities and clearing debris the backhoe enhances operational efficiency, accelerates project timelines, and supports the departments mandate to maintain and improve public infrastructure effectively; 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 the purchase of one (1) New Backhoe Loader tractor from Pape Machinery, in the amount of $127,162.14
Section 2. Authorize the Interim City Manager to execute all required documents 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 20th day of August 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:
01424.0001/910135.1
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

a .JoHN DEERE
Quote Id: 30404594
Prepared For:

CITY OF LIVINGSTON
Prepared By: SCOTT HENDERSON
Pape Machinery, Inc.
8621 S El Dorado Street
French Camp, CA 95231
Tel: 209-983-8122
Mobile Phone: 209-649-3004
Fax: 209-983-1105
Email: shenderson@papemach inery .com
Date: 20 February 2024
Confidential
Exhibit A
Ill

MACHINERY
Offer Expires: 31 August 2024

a JOHN DEERE
Prepared For:

CITY OF LIVINGSTON
1418 CST
LIVINGSTON, CA 95334
Business: 209-394-8041
Quote Summary
This sale is subject to Pape's Terms and Conditions of Sale effective on the date hereof, which are incorporated in full by this Ill

MACHINERY
Prepared By:

SCOTT HENDERSON
Pape Machinery, Inc.
8621 S El Dorado Street
French Camp, CA 95231
Phone: 209-983-8122
Mobile: 209-649-3004
[email protected]
Quote Id: 30404594
Created On: 20 February 2024
reference. The Terms and Conditions of Sale are available at ~ pape.comlterms, and will also be sent by mail or e-mail to the purchaser upon request.

Last Modified On: 11 July 2024
Customer Sourcewell Account # 60833
Equipment Summary
JOHN DEERE 310 P-Tier Backhoe
Loader List Price
Sourcewell Discount 43% off List
Non Sourcewell Items
Equipment Total
Salesperson : x ____ _
Expiration Date: 31 August 2024
Suggested List
$193,613.00
$ -83,253.59
$7,650.00
Selling Price
$ 193,613.00 X
$ -83,253.59 X
$7,650.00 X
Quote Summary
Equipment Total
California Tire Fee
SubTotal
Sales Tax - (7.75%)
Total
Down Payment
Rental Applied
Balance Due
Qty
1 =
1 =
1 =
Extended
$193,613.00
$ (83,253.59)
$7,650.00
$118,009.41
$ 118,009.41
$ 7.00
$1 18,016.41
$9,145.73
$127,162.14
(0.00)
(0.00)
$127,162.14
Accepted By : X ____ _
Confidential

e)JoHNOEERE
Selling Equipment Ill

MACHINERY
Quote Id: 30404594 Customer: CITY OF LIVINGSTON
JOHN DEERE 310 P-Tier Backhoe Loader List Price
Hours: Suggested List
Stock Number: $193,613.00
Selling Price
$193,613.00
Code Description Qty Unit Extended
1780T 310 P-tier Backhoe Loader 1 $157,919.00 $ 157,919.00 --- Standard Options - Per Uni t --- 10A1 Custom Code - Quarter Cab (Window 1 $1,580.00 $1 ,580.00 in Front)
183E JDLink™ 1 $ 0.00 $ 0.00
0202 United States 1 $ 0.00 $ 0.00
0259 English 1 $ 0.00 $ 0.00
0351 Translated Text Labels 1 $ 0.00 $ 0.00
3005 Powershift Transmission - Mechanical 1 $1,055.00 $1,055.00 Front Wheel Drive (MFWD) with
Limited Slip Differential
4006 John Deere 4.5L - FT4/Stage IV 1 $ 0.00 $ 0.00
5245 Galaxy 19.5~-24 12PR Rear & 1 $ 474.00 $ 474.00

12.5/80-18 10PR Front
6154 Dual Batteries with Disconnect, Jump $ 494.00 $ 494.00 Post, and Engine Block Heater
6576 1000 lb. (454 kg.) Front Counterweight 1 $1,515.00 $1,515.00 6752 Extendible Dipperstick 1 $10,434.00 $10,434.00
7000 No Auxiliary 1 $ 0.00 $ 0.00
7028 Pilot Controls, Two Lever, with Pattern 1 $3,078.00 $3,078.00 Selection
7037 Two-Function Loader Hydraulics, 1 $ 0.00 $ 0.00
Single Lever
7705 Multi-Brand Quick Coupler - Less 1 $1,985.00 $1,985.00 Thumb
7806 24 in. (611 mm.) Heavy-Duty Bucket, 1 $2,286.00 $2,286.00

6.9 cu. ft. (0.20 cu. m.)
7852 86 in. (2.18 m.) General Purpose 1 $4,389.00 $4,389.00 Bucket, 1.13 cu. yd. (0.86 cu. m.)
8062 Backhoe Boom Protection Plate 1 $ 648.00 $ 648.00
8075 Diagnostic Oil Sampling Ports 1 $ 450.00 $ 450.00
8103 Premium Canopy Option - Headliner 1 $1,167.00 $ 1,167.00 and Tilt Steering
8115 MFWD Driveshaft Guard $ 519.00 $ 519.00
8126 Heavy-Duty Grille Frame 1 $ 597.00 $ 597.00
8142 LED Light Package 1 $1,133.00 $1,133.00
8146 Left Side Console Storage with Cup 1 $ 87.00 $ 87.00 Holders
Confidential

(DJOHNDEERE
Selling Equipment
Quote Id: 30404594 Customer: CITY OF LIVINGSTON
8159
8202
8209
8226
Machine Security
Manual Ride Control
Seat, Vinyl Air-Suspension
Strobe Light with Magnetic Mount
Standard Options Total
Suggested Price
1 1
1 1
Customer Discounts
Customer Discounts Total
Ill

MACHINERY
$ 489.00
$2,140.00
$ 541.00
$ 633.00
$ 0.00
$ 489.00
$2,140.00
$ 541.00
$ 633.00
$35,694.00
$193,613.00
$ 0.00
Total Selling Price $ 193,613.00
Sourcewell Discount 43% off List
Hours: 0
Stock Number:

Code Description Qty
Sourcewell Sourcewell Discount 43% from List 1
Suggested Price
Customer Discounts
Customer Discounts Total
Unit
$ -83,253.59
$ 0.00
Suggested List
$ -83,253.59
Selling Price
$ -83,253.59
Extended
$ -83,253.59
$ -83,253.59
$ 0.00
Total Selling Price $ -83,253.59
Non Sourcewell Items
Hours: 0
Stock Number:

Code Description Qty
Non Sourcewell Non Sourcewell Items ------- - ------ ------------ Freight
Deliver Charge
Setup
Other Charges Total
Other Charges
1 Confidential
Unit
$ 0.00
$5,000.00
$1,150.00
$1,500.00
Suggested List
$7,650.00
Selling Price
$7,650.00
Extended
$ 0.00
$5,000.00
$1,150.00
$1,500.00
$7,650.00

e}JoHNDEERE
Selling Equipment
Quote Id: 30404594 Customer: CITY OF LIVINGSTON
Suggested Price
Customer Discounts
Customer Discounts Total

MACHINERY
$ 0.00
$7,650.00
$ 0.00
Total Selling Price $ 7,650.00
Confidential

Notice: When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Offroad Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at:
http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT e -
.

Waive Second Reading of the Ordinance by Title Only and Adopt 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 20, 2024
Roy Santos, City Attorney
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Waive Second Reading of the Ordinance by Title Only and Adopt 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 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:
(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 therefore; (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 Ordinance

§ 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 halt;

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 $15 per quarter per vehicle plus a $25 registration fee pushcarts (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 (8)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 (8)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 (8)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.

B. 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 (8)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, ham 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 ta 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, the City seeks to regulate itinerant vendor parking given the limited spacing for vehicle parking throughout 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 welfare 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 of 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.l
(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 11383 l(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:
(!)
(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 therefore; (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.

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-refundable 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 the 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 amount 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.
01424.0001/998522.1
(a) The City Manager or his/her designee shall deny an application based upon any of the following grounds:
(1) 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 (1) 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, whether 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) A.M. 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 marmer 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)
01424.0001/998522.1
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 l l 92.7(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 ( 10) 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 designee 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:
01424.0001/998522.1
(a) With a permit:
(1) 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 (1) year of the first violation. (3) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one (I) 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.l 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 6111 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

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

DISCUSSION:

STAFF REPORT e -
.

Discussion and Direction Regarding Recognition of Lupe and Aurora Garcia.

August 20, 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.

PROJECTED ACTUAL IN-KIND
SUBTOTAL EXPENSES 59,250.00$ 73,832.62$ -$
REVENUE REVENUE 45,800.00$ 61,743.00$ 2,500.00$
GRAND TOTAL NET EVENT PROCEEDS $(13,450.00) $(12,089.62) (2,500.00)$ Description Vendor Budget Actual In-Kind Notes
$ 2,750.00 $ 4,744.00 $ -
Venue (Including Electrical) $ - $ - $ -
Event Organizer Permit Merced Co. Health $ - $ 1,064.00 $ - Event Insurance Winton Ireland $ 2,500.00 $ 2,694.00 $ - Rodeo Insurance Jaime Fuentes Insurance $ - $ 761.00
Permits ABC Stockton/City of Livingston $ 250.00 $ 225.00 $ - Part of Foster Love
Reimbursement
MARKETING $ 5,000.00 $ 3,500.00 $ -
Postcards $ - $ - $ -
Poster 11X17 $ - $ -
Event Programs $ - $ - $ -
Event T-Shirts $ - $ -
Tickets 10,000 Eventbrite $ - $ - $ -
Event Wristbands 24HourWristbands.com $ - $ - $ -
Social Media $ 1,500.00 $ - $ -
Newspaper/Magazine La Mejor $ 1,000.00 $ 1,000.00 $ -
TV $ - $ - $ -
Radio Merced $ 2,500.00 $ 2,500.00 $ -
$ - $ - $ -
Lazer $ - $ - $ -
Billboard Ads $ - $ - $ -
ENTERTAINMENT $ 21,500.00 $ 17,700.00 $ -
Friday Entertainment $ 4,500.00 $ - $ -
Rhythm Blender $ - $ 1,200.00 $ -
Top Notch Talent $ - $ 3,000.00 $ -
Saturday Entertianment $ 1,500.00 $ - $ -
Sound Remedy $ 1,000.00
Sunday Entertianment $ 12,500.00 $ - $ -
Ricky Ricardo $ 12,500.00
Riders $ 1,500.00 $ - $ -
DJ/MC Main Stage $ 1,500.00 $ - $ -
FIREWORKS SHOW $ - $ -
Fireworks $ - $ -
EQUIPMENT RENTAL $ 18,500.00 $ 19,445.40 $ -
Carnival Rides $ - $ - $ -
Stage, Sound, Lighting $ 8,500.00 $ 8,500.00 $ -
Generators/Light Towers/Mu Sunbelt Rentals $ - $ - $ -
Cooling Fans $ - $ 432.11 $ -
Portable Water Truck/Tank $ - $ 462.25 $ -
Portable Restrooms/Fencing $ 7,500.00 $ 6,973.74 $ -
Canopies, Tables, Chairs Dora's $ 2,500.00 $ 2,237.50 $ - Margarita Machine Happy Hour $ - $ - $ -
Gilton - 2 -35 Yard Boxes (Received after
agenda posting (Not Paid)
$ - $ 839.80
STAFFING $ 5,000.00 $ 7,440.00 $ -
4th of July Festival
July 5th -7th
Max Foster Sports Complex

VENUE/PERMITS/INSURANCE
Cumulus Media Modesto/Stockton
Security Guards $ 5,000.00 $ 7,440.00 $ -
Flyer Handout $ - $ - $ -
Set Up Crew Day Before $ - $ - $ -
Event Crew $ - $ - $ -
$ - $ - $ -
Set-up/Event Staff/Tear Down $ - $ -
RAFFLE $ - $ 300.00 $ -
Raffle Prizes $ - $ - $ -
50/50 Raffle Payout $ - $ - $ -
Raffle Tickets $ - $ - $ -
Gas Cards for the Car Show $ - $ 300.00 $ -
FOOD/DRINKS $ 5,500.00 $ 677.87 $ -
Beer $ 3,500.00 $ - $ -
Water/Soda $ 1,000.00 $ - $ -
Ice $ 500.00 $ - $ -
Food for Bands/Volunteers $ 500.00 $ 677.87 $ -
OTHER $ 1,000.00 $ 641.26 $ -
Misc Supplies $ 1,000.00 $ 641.26 $ -
Event Tools/Needs $ - $ - $ -
FUEL $ - $ - $ -
Fuel RV $0.65 Cents per Mile $ - $ - $ -
FUEL Generators RV/APPAREL/OTHER $ - $ - $ -
Fuel for Trucks/Vans Vehicle Fuel $ - $ - $ -
Reimbursements $ 14,410.66 $ -
Explorer Program Working the parking lot $ - $ 3,748.16 $ - Ashley Macias Took care of the vendors $ - $ 8,812.50 $ - Vendors Deposit Refunded $ - $ 1,850.00 $ -
Additional Expenses $ - $ 46,275.01 $ -
Fireworks Payment Pyro $ - $ 25,920.00 $ -
Staffing Public Works - OT $ - $ 5,107.65 $ -
Staffing Police Department - OT $ - $ 15,247.36 $ -
****NEED COUNCIL DIRECTION**** $ - $ 4,973.43 $ -
Entertainment Estilo PM $ - $ 1,000.00 $ -
Entertainment Extoria Notena $ - $ 600.00 $ -
Beer Booth Foster Love $ - $ 3,373.43 $ -
SUBTOTAL EXPENSES $ 59,250.00 $ 120,107.63 $ -
Description VENDOR Estimated Actual IN-KIND
SPONSORSHIPS $ 1,500.00 $ - $ 1,500.00
City of Livingston $ - $ -
Donaghy $ 1,500.00 $ - $ 1,500.00
IN-KIND $ 1,000.00 $ - $ 1,000.00
La Mejor Magazine Advertisment/Print Sponsorship $ 1,000.00 $ - $ 1,000.00 TICKET SALES $ - $ - $ -
Ticket Sales NONE $ - $ - $ -
CONCESSIONS $ 5,300.00 $ 8,657.00 $ -
Beer Booth All Areas $ 5,000.00 $ 8,657.00 $ -
Water Sales All Areas $ 300.00 $ - $ -
Other $ - $ -
VENDOR BOOTHS $ 38,000.00 $ 48,735.00 $ -
Carnival 25% Advance, 30% Onsite $ 20,000.00 $ 27,721.00 $ - Vendor Fees $ 18,000.00 $ 18,100.00 $ -
$ - $ - $ -
$ - $ 1,064.00 $ -
Tear Down Crew/Return Stuff
Vendor Late Fees/Deposits Kept
Vendor Health Care Permit Fee
$ - $ 1,850.00 $ -
Parking Lot $ - $ 4,351.00 $ -
Parking Lot $ 4,351.00 $ -
SUBTOTAL EXPENSES $59,250.00 $73,832.62 $-
REVENUE $45,800.00 $61,743.00 $2,500.00
GRAND TOTAL NET EVENT PROCEEDS $(13,450.00) $(12,089.62) $2,500.00 Additional Expenses not part of the
$60K
Fireworks payment and City Staff
Overtime
$- $46,275.01
***Payments to the Explorers and Ashley Macias were not part of the orginal budget*** ***STAFF IS STILL RECEIVING INVOICES ***
Vendor Deposits Reimbursements
Description Amount Notes
Health Department Fee $1,064
Vendor Deposits $1,850
Vendor Fees $18,100
Journal Entry was done to move amounts from
FY23/24 to FY24/25
Beer Booth $8,657
Parking Lot $4,351
Carnival Presale Tickets $27,035
Paul Maurer Reconcilation $686
Donation from Donaghy $1,500
Per Julio - Not received yet (Not Included in
total)
Total $61,743
Merced County Health $1,064
Insurance $2,694
Rodeo Insurance $761
Total - Venue/Permits/Insurance $4,519
La Mejor Magazine $1,000
Radio Merced $2,500
Total - Marketing $3,500
Rhythm Blenders $1,200
Sounds Remedy $1,000
Top Notch Talent $3,000
Ricky Ricardo $12,500
Total - Entertainment $17,700
Estilo PM $1,000
Extoria Nortena $600
Total - Entertainment (Not Paid) $1,600
Stage, Sound,Lighting $8,500
Portable Restrooms $4,060.08
Fencing $2,913.66
Canopies, Tables, Chairs $2,237.50
Cooling Fans $432.11
Portable Water Truck/Tank $462.25
Total - Equipment Rental $18,605.60
Security Guards $7,440
Exploreres Payment for working Parking Lot $3,748.16
Ashley Macias - Took care of the vendors $8,812.50
Foster Love - No Contract ( Not Paid Yet) - Need Council Direction $3,598.43
$225 - Alcohol License, $1,111.70 - Beer,
$1,398.40 - 25% of total sales after expenses
are paid, $670.92 - sales tax, $192.41 -
supplies
Total - Staffing/Contracts $23,599.09
Food for Staff & Volunteers $677.87
Total - Food/Drinks $677.87
Parking Lot Supplies $140.59
Banner $343.21
Gas Gift Card for Car Show $300.00
Caution Tape, Staples, Zip Ties $157.46
Vendor Deposits Reimbursements $1,850.00
Gilton - 2 -35 Yard Boxes (Received after agenda posting (Not Paid) $839.80
Total - Misc/Other $3,631.06
Pyro Payment for Fireworks $25,920.00
Public Works - OT $5,107.65
Police Department - OT $15,247.36
Total - Additional Expenses Not Part of the $60k $46,275.01 Budget $60,000
Revenue $61,743
Expenses $73,832.62
Additional Expenses not part of the $60k $46,275.01
***STAFF IS STILL RECEIVING INVOICES ***
City of Livingston
4th of July Festival
Max Foster July 5th - July 7th
Expenses
Marketing
Revenue
Venue/Permits/Insurance
Misc/Other
Additional Expenses Not Part Of The Budgeted $60k
Entertainment
Entertainment (No Contract - Not Paid) - Need Council Direction Equipment Rental
Staffing/Contracts
Food/Drinks

AGENDA ITEM:

MEETING DATE:

FROM:

STAFF REPORT
Discussion and Direction Regarding Notices of the
Proposed Increased Solid Waste Fees and Rates for a Majority Protest Process in Accordance with Proposition 218.

August 20, 2024
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.

PREVIOUS COUNCIL DISCUSSION:

The council continued this item on August 6, 2024.

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].
01424_00011984050.I Page 1 of 3

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 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.
01424.000 I /984050.1
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.

e. 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.
01424.0001/984050. I Page 3 of3

STAFF REPORT
AGENDA ITEM: Discussion and Direction for Use of Remaining American Rescue Plan Act (ARPA) Funds
MEETING DATE: August 20, 2024
PREPARED BY:

REVIEWED BY:

Happy Bains, Acting Finance Director
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff is seeking direction from Council on the use of the remaining American Rescue Plan Act (ARPA) Funds totaling $656,392.

BACKGROUND/DISCUSSION:

On March 11 , 2021 , President Joe Biden signed into law a nearly $1 .9 Trillion Coronavirus relief bill known as the American Rescue Plan Act of 2021 (ARPA). The law represents the sixth COVID-19 recovery measure that Congress has passed since March 2020. Local governments across the country received a total of $130.2 Billion, including $65.1 Billion to countries, and $65.1 Billion to cities and towns. California counties received around $7 .67 Billion. California cities received around $8.22 Billion.

Coronavirus State and Local Fiscal Recovery Funds (CSLFRF), which is the local governments share under ARPA, must be used within certain limits prescribed in law and U.S. Department Treasury regulations. The funds must be obligated by December 31, 2024, and expended by December 31, 2026. The funds may not be spent on extraordinary pension deposits to pay prior obligations, may not be used to replenish rainy day funds or financial reserves, and may not be used for debt obligations or a non-federal match for other federal programs.

Eligible Uses for Funding:

Responding to the public health and negative economic impacts of the pandemic Providing premium pay to essential workers
Providing government services to the extent of revenue loss due to the pandemic Making necessary investments in water, sewer, and broadband infrastructure Disaster Relief
Surface transportation
Community Development Block Grants
The City of Livingston was allocated $3,563,440 in ARPA funds and has already spent or allocated the funds as follows:

New Water Well - $2,000,000
Employee Stipends - $343,916
Ripper/Tractor - $188,132
- Wastewater Repairs - $375,000
Page I of2

Staff is requesting the Council to provide direction on the preferred use of funds.

STAFF REPORT
AGENDA ITEM: Discussion and Direction Regarding the Cancellation of Recruitment Services Agreement with Bob Murray & Associates for City Manager Recruitment Services
MEETING DATE: August 20, 2024
PREPARED BY: Jose A. Moran
DISCUSSION:

Mayor Jose Moran requested this item be discussed to provide direction regarding the cancellation of recruitment services agreement with Bob Murray & Associates for City Manager Recruitment Services.

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

STAFF REPORT
Discussion and Direction on Itinerant Vendor Application and Permit Fee
August 20, 2024
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Discussion and Direction on Itinerant Vendor Application and Permit Fee.

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 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:
(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 therefore; (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 Ordinance

§ 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)

01424.0001/998522.1 1
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, the City seeks to regulate itinerant vendor parking given the limited spacing for vehicle parking throughout 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 welfare 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 § 15061(b)(3).) It is also exempt because it consists of 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 2
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:
(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 113831(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

01424.0001/998522.1 3
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.
(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:
(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

01424.0001/998522.1 4
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 therefore; (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.

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-refundable 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 the 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 amount 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.
(a) The City Manager or his/her designee shall deny an application based upon any of the following grounds:
(1) 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.