Livingston City Council
September 3, 2024

1 CITY COUNCIL SPECIAL AND REGULAR MEETING
AGENDA
SEPTEMBER 3, 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 September 3, 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

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

8. Conference with Legal Counsel – Anticipated Litigation Deciding whether to initiate litigation pursuant to paragraph 4 of subdivision (d) of Government Code Section 54956.9: One (1) Case

9. Threats to Public Services or Facilities (Pursuant to Government Code Section 54957(a).) Consultation with: City Attorney and/or City Manager.

3 REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2024-53
Next Ordinance No.: 657
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcement.

Changes to the Agenda.

CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.

AWARD, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Nathan Alonzo, Local Government Affairs, Pacific Gas & Electric Company:

Affordability and Fixed Charge Updates.

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.

4 • 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.

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.

2. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated August 29, 2024.

3. City Treasurer’s Investment Report for the Month Ending July 31, 2024.

4. Consideration of a Resolution Amending the City’s Conflict of Interest Code and Accepting the Biennial Notice. Staff Recommendation: Approve Resolution and Accept Biennial Notice.

5. Consideration of a Resolution Approving the Purchase of One New Diesel Lawn Mower from Sharpening Shop, in the Amount of $48,228.41; and Authorizing the Interim City Manager to Execute All Required Documents. Staff Recommendation: Approve Resolution.

5 6. Consideration of a Resolution (1) Approving the Purchase of New Playground Equipment for Arakelian Park Furnished and Installed by all About Play, in the Amount of $139,151.36; (2) Authorizing the Finance Department to Make Appropriation Budget Adjustment; (3) Authorizing the Interim City Manager to Execute All Required Documents; and Adopting A Class 1 (Existing Facilities) and Class 2 (Replacement or Reconstruction) Exemption Under the California Environmental Quality Act. Staff Recommendation: Approve Resolution.

7. Consideration of a Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement Between Supreme Shield Security, Inc., in the Amount of $5,780 for the 2024 Sweet Potato Festival, and Granting the Interim City Manager Authority to Enter into Future Agreement(s) with Supreme Shield Security, Inc., for Security Services for City Events in an Amount Not to Exceed $15,000 Per Fiscal Year. Staff Recommendation: Approve Resolution.

8. Consideration of a Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement with Julio Ruiz in the Amount of $8,500 for the Sweet Potato Festival, and Granting the Interim City Manager Authority to Enter Into Future Agreement(s) with Julio Ruiz for Sound Services for City Events in an Amount Not to Exceed $20,000 Per Fiscal Year. Staff Recommendation: Approve Resolution.

9. Consideration of a Resolution Granting the Interim City Manager Authority to Execute Professional Services Agreement(s) with Ashley Maciel to Coordinate Vendors for City Special Events in an Amount Not to Exceed $18,000.00 per Fiscal Year. Staff Recommendation: Approve Resolution.

10. Consideration of a Resolution Approving Water Enterprise Funds, State Funds, and/or ARPA Funds to be Used for Installing an Arsenic Treatment Facility at Well 8A and Constructing the New Well 18 Improvements to Augment the City’s Water Supply. Staff Recommendation: Approve Resolution.

11. Authorizing the City Mayor to Sign the following Support Letters on Behalf of the City: 1) Support letter for 2024 Good Jobs Challenge: The Rail Academy of Central California Project and 2) Support Letter for Railroad Crossing Elimination Program Application for Fiscal Years 2023-2024: Stockton Diamond Grande Separation Project.

12. Consideration of a Resolution Approving a Facility Fee Waiving/Reimbursement Request from Pacific Coast Khalsa Diwan Society Sikh Temple, Inc., for the Use of City Facilities Totaling $320.

Staff Recommendation: Approve Resolution.

DISCUSSION AND POTENTIAL ACTION ITEMS

13. Discussion and Direction Regarding “Over the Counter” Building Permit Applications Subject to the City of Livingston’s Current Water Supply Conditions.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT

Affordability Update
Livingston City Council
September 2, 2024

Income Graduated Fixed Charge
Adopted May 2024

Fixed Charge Proposal- Adopted May 9, 2024
The fixed charge proposal will decrease electric bills for lower-income residential customers, improve bill transparency and predictability and advance clean energy goals.

Background
• California Assembly Bill 205 (AB 205) requires the California Public Utilities Commission (CPUC) to adopt or expand fixed charges based on income. • In April 2023, multiple stakeholders submitted a range of proposals to the CPUC to separate fixed infrastructure costs and cost of electricity on residential electric customers' bills.
• In March 2024, the CPUC issued a Proposed Decision in the fixed charge proceeding.

Public

Fixed Charge Proposal
How will this proposal change customer bills?
The C~UC's Proposed Decision changes the way electric bills are structured. It recommends a fixed monthly infrastructure charge divided by tiers and an electricity usage charge. The Proposed Decision does not include any new requirements for income verification. This reallocation of the way costs are billed means that the price for a unit of electricity will be lower for all customers, regardless of income or location.

Current
Bill Structure
t
I
Infrastructure and Electricity
Costs in a Combined Usage Charge
Fixed Charge Proposal
Separate charges for greater transparency
Fixed
Infrastructure
Charge (3 tiers!---•
Lower
Electricity
• ----- Usage Charge
More details about the three tiers on the next page _,.

Th e CPUC's proposed decision states that customer usage rates would decrease by 5-7¢ per kWh. 4

Fixed Charge Proposal
Monthly fixed infrastructure charge tiers
Tier 3
Customers enrolled in the California Alternate Rates for Energy (CARE) program will pay the lowest discounted
fixed amount.

Customers enrolled in the Family Electric Rate Assistance (FERA) 1 program or who live in affordable housing
restricted to res idents with incomes at or below 80% of Area Median Income will pay a discounted fixed amount.

All other customers.
1 Participants qualify by meeting income guidelines or enrolling in certain public assistanceFRI't11i[ams. ~$6/month
~$12/month
~$24/month
5

Temporary Summer Rate Decrease
PG&E electric rates will decrease by 9% starting July 1, which will help customers save money on their summer utility bill.
• During summer, electric bills are
historically higher due to increased
air conditioner use.
• This temporary rate change is
expected to last for at least a few
months.
• Savings could be higher for
customers who live in hotter parts
of California.

Some of the meosures included In this presentotion ore contemplated os odditiono/ precoutionory measures intended tolf~ft reduce the risk of wildfires. 7

Savings Programs for Income-Qualified Customers
CARE and FERA are PG&E discount programs that help eligible customers pay their energy bills. Over 1.4 million customers receive a discount through these two programs.

California Alternate Rates for Energy
Program (CARE)
• Provides a monthly discount of 20% or
more on gas and electricity
• Participants qualify through income
guidelines or if enrolled in certain public
assistance programs
Family Electric Rate Assistance
Program (FERA)
Provides a monthly discount of 18% on
electricity only
Must be a household with three or more
people that meets qualifying income
guidelines
(D Customers can verify if they are eligible by completing the on line CARE/FERA enrollment form at pge.com/care.

Some of the measures included in this presentation are contemplated os additional precautionary measures intended topl!ltffft reduce the risk of wildfires. 8

Financial Assistance Programs
Relief for Energy Assistance through Community Help
Provides eligible customers with an energy credit
CARE and FERA Programs
Discount programs that help eligible customers pay their energy bills Energy Savings Assistance Program
Provides qualified customers with free energy-saving home improvements Budget Billing Program
Keeps monthly payments predictable and reduces spikes in energy bills Payment Arrangement Plan
Available to all residential customers to help manage temporary financial strains Medical Baseline Program
Support customers who depend on power for certain medical needs Low-Income Home Energy Assistance Program
Federally funded program provides financial assistance to help with eligible household energy costs
CI) pge.com/reach
CI) pge.com/carefera
CI) pge.com/esa
CI) pge.com/budgetbilling
CI) pge.com/paymentarrangement
CI) pge.com/medicalbaseline
CI) pge.com/liheap
Some of the measures included in this presentation ore contemplated as odditionol precautionary measures intended tolfl!fttlft reduce the risk of wildfires. 9

Understanding Your Bill
0 C 48282563
State Mandates
i
Wildfire
Prevention:

Tree - - -•
trimming
Other ---
Stronger
poles. covered
powerlines.

EPSS3 PSPS3
only< 1/2<1- goe~ to
undergrounding
G
Energy Generation
and Purchasing Costs
-Renewables
Portfolio
Standard
Public Purpose
-Programs.
including subsidies
for low-income
customers
'------Other State
Policy

1. Represents a typical r~5idential customer bill with no assistance program discount.

2. PG&E currently earns le-s5 than it& authorized r eturn on equity. ,, ... , ,:,;,,.. a re,~¾~
~\.~I E!U~~-~
G 48282563 G
Operations,
Maintenance
and Upgrades
=
i Taxes
RegulatorAuthorized
Earnings2
Non -solar cus tom ers pay 15% more
for electricity and g rid costs that solar
customer s avoid due to s tate policy.

3. Enhancod PowCl'rUne safety Settings and Public. Safety Power Shutoffs fwildfire prevention m\la::.uresl Some of the measures induded in this presentation are contemplated os additional precautionary measures intended tolfWfflft reduce the risk af wildfires.

Some of the costs in your monthly bill:
• 10% of the average residential customer's
bill goes towards vegetation management
(almost $1.8 billion systemwide, annually).
• Public Purpose Programs (CARE, FERA, etc,)
6% of customer's bills .
• Net Energy Metering incentives are 15% or
$34 monthly for non-solar customer bills
10

AGENDA ITEM:

MEETING DATE:

STAFF REPORT
Warrant Register August 29, 2024
September 3, 2024
PREPARED BY:

REVIEWED BY:

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

Ratify the warrant register dated August 29, 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:

August 15, 2024- Aug 29, 2024
GENERAL WARRANTS ......................... $ 827,194.11 11749-11937 PAYROLL/WIRE WARRANTS ................. $ 392,861.04 3315-3333 TOTAL WARRANTS .............................. $ 1,046,617.08 ATTACHMENTS:

Warrant Register (detailed by date and check number)
1

Accounts Payable
Checks by Date - Summary by Check Date
User: nfuentes
Printed: 8/30/2024 8:57 AM
Vendor amc
11749 1556 ACE Overcomers
11750 1553 Marcela Aguilar
11751 250 Alhambra
I 1752 678 Allstar Fire Equipment, Inc.
11753 253 AT&T
11754 282 AT&T Mobility
11755 162 Steve Bassi
11756 1381 Brink's Incorporated
11757 193 BSK Associates
11758 192 Cal Traffic
11759 1287 CED Merced
11760 272 Charter Communications Holdings, LLC
11761 1024 City Direct, Inc.
11762 1132 City of Gustine
11763 1239 Clark Pest Control of Stockton, Inc.
11764 283 CoreLogic Solutions, LLC
11765 1371 Fennin Covarrubias
11766 455 Ernest Packaging Solutions
11767 258 Ewing Irrigation Products, Inc.
11768 163 EZ Auto Supply
11769 641 Ferguson Enterprises LCC #686
11770 1479 Ferguson Waterworks #2777
11771 1151 Jose Flores
11772 488 FluidSecure
I 1773 1517 Fonroche Lighting America, Inc.
11774 188 Frontier
11775 387 Frontier Communications Corp Frontier Co
11776 164 Garza Tire & Wheel, Inc
11777 1505 Greenfields Outdoor Fitness, Inc
11778 425 HdL Coren & Cone
11779 1029 Denise l-1 ickman
11780 266 Hilmar Lumber
11781 359 Hinderliter, de Llamas & Associates
11782 436 HLP, Inc.
11783 267 Hoffman Security
11784 501 Hunt & Sons, LLC
11785 786 LB, Anderson Land Use Planning
11786 1551 Mohinder Kanda
11787 1130 Kellogg Supply
11788 318 La Rue Communications
11789 675 Lance, Soll & Lunghard, LLP
11790 461 LEAF
11791 1554 Merced County Dept of Suppo11 Service
11792 389 Mid Valley IT
11793 180 Mission Linen Service
11794 199 Northstar Chemical
11795 1555 Reyna Ochoa
AP Checks by Date - Summary by Check Date (8/30/2024 8:57 AM) Check Date
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
08/23/2024
City of Livingston
1416 C Street
Livingston, CA 95334
Check Amount
115.00
150.00
664.59
7,774.16
239.69
2,047.00

50.00 688.26
788.20
2,726.71
411.61
140.18
1,400.00

96.00 204.00
200.00
150.00
376.91
774.15

28.54 7.24
4,377.43

50.00 1,573.15
15,410.00
3,675.59
165.49
1,061.68
7,506.51
1,549.50
215.00
162.59
1,233.95
4,200.00
230.90
8,384.16
5,940.00

50.00 683.14
1,941 .00
4,910.00
741 .59
200.00
196.10
1,024.12
12,506.77
150.00
Page I

Check No Vendor No Vendor Name Check Date Check Amount
11796 302 Office Depot, lnc./ODP Business Solutions. 08/23/2024 262.33 11797 1147 PAC Machine Company, INC. 08/23/2024 2,786.99 11798 203 PG&E 08/23/2024 466.45
11799 1221 Monica Pulido 08/23/2024 150.00
11800 605 Razzari Auto Centers 08/23/2024 228.67
11801 433 Razzari Ford 08/23/2024 185.80
ll802 1516 Ricardo Cardenas Ricky Ricardo Promotior 08/23/2024 761.00 11803 450 S & A Manufacturing 08/23/2024 50.00
11804 499 Safety-Kleen Systems, Inc. 08/23/2024 32.00
I 1805 138 Ruben Salazar 08/23/2024 150.00
11806 407 San Joaquin Valley Air Pollution Control D 08/23/2024 98.00 11807 408 Sapien Family Trust 08/23/2024 1,000.00
11808 439 Sharpening Shop 08/23/2024 772.51
11809 307 Shred-It, C/0 Stericycle, Inc. 08/23/2024 584.11 11810 1550 Japjeet Singh 08/23/2024 50.00
11811 989 Jasneil Singh 08/23/2024 50.00
11812 323 Springbrook Holding Company LLC 08/23/2024 55,920.07 11813 1068 Steele Public Safety Systems 08/23/2024 2,330.00 11814 875 Taylor ER Veterinary Emergency Hospital 08/23/2024 262.03 11815 383 The Bank of New York Mellon Trust Comp 08/23/2024 11 0,325.00 11816 1117 The Sherwin Williams Co. Store 708616 08/23/2024 159.89 11817 1490 The Sherwin-Williams Company 08/23/2024 278.56 11818 310 Totlcom, Inc. 08/23/2024 855.42
11819 284 Trans Union LLC 08/23/2024 288.19
11820 1552 Turbo Data System, Inc. 08/23/2024 300.00
ll821 1533 Turlock Truck Stuff, LLC 08/23/2024 970.28
11822 421 Underground Service Alert of Northern CA 08/23/2024 319.94 11823 366 USABlueBook 08/23/2024 602.20
11824 314 Valley Coffee & Water 08/23/2024 8.00
11825 277 Valley Farm Supply Stores, Inc. 08/23/2024 778.16 11826 1204 Valley Sanitation & Rentals LLC 08/23/2024 6,973.74 11827 367 Verizon Wireless 08/23/2024 1,702.74
11828 504 VIP Audio Visual Company, Inc 08/23/2024 1,000.00 11829 818 Renee Waite-Mendonca 08/23/2024 50.00
11830 287 West Coast Code Consultants, Inc. 08/23/2024 350.00 11831 1557 Lira Acoriana 08/23/2024 100.00
11832 1569 Mayra Adame 08/23/2024 35.00
11833 1309 Aleshire & Wynder LLP 08/23/2024 65,953.40
11834 1313 American Promotional Events 08/23/2024 200.00 11835 158 Olivia Andam 08/23/2024 17.50
11836 193 BSK Associates 08/23/2024 2,930.50
11837 1100 CAL FIRE 08/23/2024 908.32
11838 1209 Jonelly Castrejon 08/23/2024 35.00
11839 1571 Department of Industrial Relations 08/23/2024 9,180.00 11840 1542 Jaspreet Dheri 08/23/2024 65.00
11841 1567 Nicholas Guerrero 08/23/2024 35.00
11842 1559 Cristina Haro 08/23/2024 35.00
11843 288 Livingston Apostolic Assembley 08/23/2024 100.00 11844 1560 Alejandra Lopez 08/23/2024 17.50
11845 1404 Lozano Smith 08/23/2024 8,704.75
11846 1568 Janet Montanez 08/23/2024 35.00
11847 431 Monte Vista Small Animal Hospital 08/23/2024 2,829.48 11848 1538 Ashley Nuno 08/23/2024 130.00
11849 302 Office Depot, lnc./ODP Business Solutions, 08/23/2024 105.36 I 1850 1147 PAC Machine Company, INC. 08/23/2024 491.82 11851 203 PG&E 08/23/2024 209 04
11852 304 Pride of Livingston Parent Boosters 08/23/2024 100.00 AP Checks by Date - Summary by Check Date (8/30/2024 8:57 AM) Page2

Check No Vendor 0 Vendor ame Check Date Check Amount
11853 1564 Diana Rodriguez 08/23/2024 17.50
11854 1561 Roque! Rojas 08/23/2024 17.50
11855 1565 Juana Silva 08/23/2024 17.50
11856 1558 Anessia Soria 08/23/2024 17.50
11857 412 State of California Department of Transport 08/23/2024 703.20 11858 1562 Ana Torres 08/23/2024 17.50
11859 1566 Marta Vega-Zavala 08/23/2024 65.00
11860 1563 Kaylee Wedde 08/23/2024 17.50
Total for 8/23/2024: 381 ,363.86
11861 393 California State Disbursement Unit 08/27/2024 1,803.66 11862 405 Premier Access Insurance Company 08/27/2024 7,162.30 11863 598 Standard Insurance Company RB 08/27/2024 2,806.16 11864 1284 State of California 08/27/2024 130.16
11865 608 Vision ervice Plan- CA 08/27/2024 1,322.07
Total for 8/27/2024: 13,224.35
11866 405 Premier Access Insurance Company 08/28/2024 1,393.60 11867 608 Vision ervice Plan- CA 08/28/2024 1,248.38
Total for 8/28/2024: 2,641.98
11868 UB*02085 RAYMOND FREITAS 08/29/2024 346.83
11869 251 ABS Direct, Inc. 08/29/2024 850.36
11870 250 Alhambra 08/29/2024 840.35
11871 1307 Amazon Capital Services 08/29/2024 383.42
11872 193 BSK Associates 08/29/2024 8,205.10
11873 909 Canon Financial Services, Inc. 08/29/2024 331 .89 11874 1287 CED Merced 08/29/2024 2 370.50
11875 484 CivicPlus, LLC 08/29/2024 3,835.00
11876 1239 Clark Pest Control of Stockton, Inc. 08/29/2024 214.00 11877 1308 CSG Consultants, Inc. 08/29/2024 13,848.14
11878 787 Custom Weed Control Inc. 08/29/2024 400.00
11879 163 EZ Auto Supply 08/29/2024 13.78
11880 449 Fineline Striping 08/29/2024 4,998.00
11881 260 First Communications, LLC 08/29/2024 14.02
11882 164 Garza Tire & Wheel, Inc 08/29/2024 1,804.23
11883 262 Gilton Solid Waste 08/29/2024 6,088.75
11884 1573 Alejandro Gonzalez 08/29/2024 150.00
11885 1059 Angelo Gonzalez 08/29/2024 250.00
11886 356 Gouveia Engineering, Inc. 08/29/2024 44,349.86 11887 266 Hilmar Lumber 08/29/2024 12.13
11888 358 Hilmar Ready Mix Rockery Nursery, LLC 08/29/2024 2, 117.29 11889 482 Hi-Tech EVS, Inc, 08/29/2024 9,616.12
11890 267 Hoffman Security 08/29/2024 590.90
11891 1570 Hunt & Sons, Inc 08/29/2024 870.52
11892 501 Hunt & Sons, LLC 08/29/2024 6,230.99
11893 878 Laura Hurtado 08/29/2024 150.00
11894 165 J L Analytical Services, Inc. 08/29/2024 35.00 11895 471 JMP Office Technologies 08/29/2024 215.29
11896 1130 Kellogg Supply 08/29/2024 631.15
11897 1366 LeadsOnline Parent LLC 08/29/2024 3,239.00
11898 403 Merced County Association of Government 08/29/2024 9,925 .00 11899 278 Merced Irrigation District 08/29/2024 68,588.52 AP Checks by Date - Summary by Check Date (8/30/2024 8:57 AM) Page 3

Check No Vendor No Vendor Name Check Date Check Amount
11900 389 Mid Valley IT 08/29/2024 247.20
11901 180 Mission Linen Service 08/29/2024 185.62
11902 1548 Morris Yegor Mobile Vehicle Inspections 08/29/2024 2,300.00 11903 194 Modesto Welding Products 08/29/2024 24.00
11904 431 Monte Vista Small Animal Hospital 08/29/2024 1,037.93 11905 199 Northstar Chemical 08/29/2024 1,683 .66
11906 302 Office Depot, Inc./ODP Business Solutions, 08/29/2024 63 1.48 11907 ll47 PAC Machine Company, INC. 08/29/2024 471.00
11908 203 PG&E 08/29/2024 26,332. 17
11909 948 Pump Pros Inc. 08/29/2024 6,168.81
11910 430 Quadient Finance USA, Inc. 08/29/2024 1,577.12 11911 514 Quadient Leasing USA, Inc. 08/29/2024 976.55
11912 904 Amanda Ramirez 08/29/2024 150.00
11913 433 Razzari Ford 08/29/2024 72.42
11914 1496 RJMS Corporation 08/29/2024 1,149.57
11915 1572 Randy Rodriguez 08/29/2024 150.00
11916 208 Saenz Pest Control, Inc. 08/29/2024 129.00
11917 500 Safeguard Business Systems 08/29/2024 421.35
11918 1330 James D Sanders 08/29/2024 150.00
11919 589 Shannon Pump Co. 08/29/2024 6,900.00
11920 439 Sharpening Shop 08/29/2024 720.35
11921 307 Shred-It, C/O Stericycle, Inc. 08/29/2024 261.39 11922 572 Sierra Wood Shavings, Inc 08/29/2024 1,244.88 11923 323 Springbrook Holding Company LLC 08/29/2024 2,242.00 11924 309 St. Francis Electric 08/29/2024 7,100.00
11925 692 Tesco Controls, Inc. 08/29/2024 900.00
11926 1117 The Sherwin Williams Co. Store 708616 08/29/2024 47.24 11927 1490 The Sherwin-Williams Company 08/29/2024 605.56 11928 366 USABlueBook 08/29/2024 265.97
11929 ll50 Valley 29 Electric, LLC 08/29/2024 718.75
11930 277 Valley Farm Supply Stores, Inc. 08/29/2024 781.18 11931 1204 Valley Sanitation & Rentals LLC 08/29/2024 649.47 11932 296 Visual Edge IT, Inc 08/29/2024 2,955.02
11933 286 Xerox Financial Services 08/29/2024 81.48
11934 660 Calgon Carbon Corporation 08/29/2024 116,776.00 11935 203 PG&E 08/29/2024 50,890.61
11936 692 Tesco Controls, Inc. 08/29/2024 450.00
11937 504 VIP Audio Visual Company, Inc 08/29/2024 1,000.00 Total for 8/29/2024: 429,963.92
Report Total (189 checks): 827,194.11
AP Checks by Date - Summary by Check Date (8/30/2024 8:57 AM) Page4

AGENDA ITEM:

REPORT DATE:

PREPARED BY:

ELECTED OFFICIAL'S REPORT
Treasurer's Report: July 2024
Aug 24, 2024
Katherine Schell Rodriguez - Elected City Treasurer
RECOMMENDATION:

Receive and File Treasurer's Report for the month ending July 31, 2024.

BACKGROUND:

The Treasurer's Report is required to be presented to the governing body.

DISCUSSION:

Total Cash and City Investments including cash in the bank, and cash in the Local Agency Investment Fund is $43,076,015.78 and represents a 0.84% decrease from the previous month.

The attached Treasurer's report is a "snapshot" report of our cash position on the last day of the month in all our accounts per Bank Statements.

FISCAL IMPACT:

None.

ATTACHMENTS:

July 31, 2024, Treasurer's Report with signature

TREASURER'S REPORT
Bank Statement Period Ending
Report Date
Meeting Date
July 31, 2024
Aug 24, 2024
Sept 3, 2024
The following cash and investment information pertains to the period ending per Bank Statements Average
Institution
State of California LAIF (Local Agency
Investment Fund)
Non Interest Bearing Items
Farmers & Merchants Bank
Farmers & Merchants Bank
Farmers & Merchants Bank
Subtotal F&M Bank
Total Cash & Investments
Notes
Acct#
xx-xx-463
xxxxxx5801
xxxxxx6601
xxxxxx8201
Investment
Type
Pooled
Operating Account
Payroll Account
Web Payments Account
Monthly
Yeild%

4.516%
N/A
N/A
N/A
Subtotal
Totals
Balance
JUNE
39,862,306.02
2,977,609.93
8,239.78
227,860.05
3,213,709.76
43,076,015.78
1) There are currently no Investment s, In an Inst itution, with a Maturity Date, and/or a Mat urity Date of 12 Months or More. The City's Portfolio consists of Non Interest Bearing Items in F&M Bank, and funds deposited with the State Local Investment Agency (LAIF) 2) Percentage Yield Rate from the LAIF Website "PMIA Average Monthly Yield" 3) The Average Daily Balance in F & M Bank for the month was $2,686,812.78 per statements Prepared By: /;~ Sc/VlB-~,~__,,__,_,~
Katherine Schell-Rodriguez City Treasurer

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Amending the City of Livingston Conflict of Interest Code and Accepting Biennial Notice.

September 3, 2024
Monica Cisneros, Deputy City Clerk
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Adopt resolution revising the positions designated by the City's Conflict of Interest Code and accepting the City's Biennial Notice.

BACKGROUND/DISCUSSION:

Cities are required to amend their Conflict of Interest Codes "when change is necessitated by changed circumstances, including the creation of new positions" that require designation (Ca.Gov. Code section 87306). The City has added two (2) designated positions that have existed; however, they were not added to the City's Conflict of Interest Code. The positions of City Manager and City Council have been added. Therefore, revision of the City's Conflict of Interest Code is necessary.

In addition to the foregoing, the State Fair Political Practices Commission (FPPC) requests that each city have its City Council accept, as filed, a Local Biennial Notice every two years on or before October 1. In order to comply with that requirement, the City has completed the Local Biennial Notice, a copy of which is attached to the proposed resolution as Exhibit A.

ATTACHMENTS:
1 . Resolution

2. Local Biennial Notice

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AMENDING THE CITY'S CONFLICT OF INTEREST CODE AND ACCEPTING THE BIENNIAL NOTICE
WHEREAS, the City of Livingston adopted a new Conflict of Interest Code (the "Code") on January 20, 2009; and
WHEREAS, changed circumstances related to the addition or removal of designated positions require that the Code be amended; and
WHEREAS, the California Fair Political Practices Commission (FPPC) also requires that each city have its City Council accept, as filed, a Local Biennial Notice every two years on or before October 1 ; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston that:

Section 1. A portion of Exhibit A of the Code shall be amended to read as follows:

DESIGNATED POSTIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE

DESIGNATED EMPLOYEES' TITLE OR FUNCTION DISCLOSURE CATEGORIES

ASSIGNED
Administrative Analyst (ALL) 6
Human Resources Coordinator 6
Assistant City Manager/Finance Director 1, 2
Building Inspector {ALL) 6, 7
Building Official 2,3,6, 7
City Manager 1, 2
City Attorney (not filing under Gov. Code § 87200) 1, 2 City Engineer 2, 3,6, 7
Code Enforcement Officer 7
Executive Assistant/Deputy City Clerk 6
Police Administrative Services Manager 6

Police Chief
Police Lieutenant
Public Works Director
Recreation Specialist
Recreation Superintendent
Senior Accountant

MEMBERS OF BOARDS, COMMITTEES AND

COMMISSION
Parks & Recreation Commissioners
Planning Commissioners
City Council
6 6
2, 3,6
6 6
5 DISCLOSURE CATEGORIES

ASSIGNED
1,2
1,2
1,2
Section 2. Except as expressly provided herein, nothing in this resolution shall be deemed to waive or modify any of the other provisions of the Code.

BE IT FURTHER RESOLVED by the City Council of the City of Livingston that the 2024 Local Agency Biennial Notice attached hereto as Exhibit B is hereby accepted, and shall be filed with the California Fair Political Practices Commission.

This resolution shall take effect immediately upon the date of its passage.

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 3rd day of September 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:
2 By: __________ _
Jose A. Moran, Mayor
Of City of Livingston

ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
3

2024 Local Agency Biennial Notice
Name of Agency: City of Livingston
Mailing Address: 1416 "C" Street, Livingston, CA 95334
Contact Person: Monica Cisneros Phone No. (209) 394-5544 Email: [email protected] Alternate Email: _n_o_n_e __________ _ Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has revi'ewed its conflict of interest code and has determined that (check one BOX):

IZI An amendment is required. The following amendments are necessary:
(Check all that apply.)
□ Include new positions
□ Revise disclosure categories
□ Revise the titles of existing positions
□ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
ill Other (describe) _1n_c1_ud_e_e_xis_ti-'ng:;_;p_o_si_tio_ns ___________________ _ D The code is currently under review by the code reviewing body.

D No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification {to be completed if no amendment is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that a(f investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.

Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Approving the purchase of one (1) New Diesel Lawn Mower (Lazer Z Diesel 37 HP Yanmar w 96" UltraCut RD) from Sharpening Shop, in the amount of$48,228.41, and Authorizing the Interim City Manager to execute all required documents.

September 3, 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 Diesel Lawn Mower from Sharpening Shop, in the amount of $48,228.41, and authorizing the Interim City Manager to execute all required documents.

BACKGROUND:

A new lawn mower for the Department of Public Works is essential for maintaining the efficiency and effectiveness of city landscaping operations. From time to time, it is necessary to replace aging equipment that has exceeded their life expectancy or requires costly repairs.

An updated lawn mower ensures that the department can perform tasks as cutting grass and lawn maintenance more reliably and with improved safety features. A new lawn mower would ensure more efficient performance and reduce downtime and operational disruptions. Additionally, modern lawn mowers are designed with advanced features that improve fuel efficiency, reduce emissions, and provide better cutting quality ultimately ensuring that public spaces remain inviting and well-kept for residents and visitors.

DISCUSSION:

City staff intends to use the procurement services from Omnia Partner to meet the City of Livingston Municipal Code Title 1, Chapter 11 for purchasing. Omnia Partner 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 diesel lawn mower will be purchased through Omnia Partner's contract with Sharpening Shop.

The lawn mower quote is attached.

FISCAL IMPACT:
$48,228.41 Expended from FY 2024-2025 approved budget from the LMD and CFO Funds.

ATTACHMENTS:

1. Resolution No. 2024-

2. Exhibit "A" Cost Proposal from Sharpening Shop for $48,228.41

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING

THE PURCHASE OF ONE NEW DIESEL LAWN MOWER FROM SHARPENING SHOP, IN THE AMOUNT OF $48,228.41; AND AUTHORIZING THE INTERIM CITY

MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS
WHEREAS, a new lawn mower for the Department of Public Works is essential for maintaining the efficiency and effectiveness of city landscaping operations; and WHEREAS, from time to time, it is necessary to replace aging equipment that has exceeded their life expectancy or requires costly repairs; and WHEREAS, an updated lawn mower ensures that the department can perform tasks as cutting grass and lawn maintenance more reliably and with improved safety features; and WHEREAS, a new lawn mower would ensure more efficient performance and reduce downtime and operational disruptions; and
WHEREAS, additionally, modern lawn mowers are designed with advanced features that improve fuel efficiency, reduce emissions, and provide better cutting quality ultimately ensuring that public spaces remain inviting and well-kept for residents and visitors; 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 diesel lawn mower from Sharpening Shop, in the amount of $48,228.41
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 3rd day of September 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:
01424.0001/910135.I
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
Page2 of2

SHARPENING SHOP
2620 LANDER AVE
TURLOCK, CA 95380
Phone#: (209)632-2372
Fax#: (209)632-7506
BILLTO 3018

CITY OF LIVINGSTON
1416 C STREET
LIVINGSTON, CA 95334

QUOTATION
PHONE#: 394-8041
CELL#: 485-4708
ALT.#:

P.O.#:

TERMS: Net 30
SALES TYPE: Quote

SHIP TO
DATE: 7/9/2024
ORDER#: 1289801
CUSTOMER#: 3018
CP: RB
LOCATION: 1
ST A TUS: Active

CITY OF LIVINGSTON
1416 C STREET
LIVINGSTON, CA 95334
Exhibit A
PAGE: 1
MFR PRODUCT NUMBER DESCR1PTION QTY PRICE
$55,499.00

NET TOTAL
EXM LZS88CDYM96RW0 Lazer Z Diesel 37 HP Yanmar 3TNV88C Diesel w/96" UltraCut RD
OMNIA #4001639
Prices reflected on this quote are valid for 30 days.
$44,399.00 $44,399.00
WARNING: This product can expose you. to chemicals which are known to the State of California to cause cancer, birth defects or other reproductive harm. •
SUBTOTAL:

TAX:

ORDER TOTAL:

Authorized By: _______________ _
$44,399.00
$3,829.41
$48,228.41

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution (1) Approving the Purchase of New Playground Equipment for Arakelian Park Furnished and Installed by All About Play, in the Amount of $139,151.36, (2) Authorizing the Finance Department to make Appropriation Budget Adjustments; (3) Authorizing the Interim City Manager to Execute all Required Documents; and Adopting a Class 1 (Existing Facilities) and Class 2 (Replacement or Reconstruction) Exemption Under the California Environmental Quality Act
September 3, 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 (1) Approving the purchase of new playground equipment for Arakelian Park to be furnished and installed by All About Play; (2) Authorizing the Finance Department to make appropriation budget adjustments; (3) Authorizing the Interim City Manager to execute all required documents; and adopting a Class 1 (Existing Facilities) and Class 2 (Replacement or Reconstruction) exemption under the California Environmental Quality Act.

BACKGROUND:

The current public playground equipment at Arakelian Park has significantly deteriorated over time, presenting safety concerns, and diminishing the overall play experience for children. Upgrading to new, modern equipment will not only enhance safety but also provide a more enjoyable environment for families and children. Investing in high quality playgrounds demonstrates a commitment to community well-being, which can foster positive relationships with residents and enhance their overall park experience.

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 playground equipment will be purchased through SourceWell's contract with All About Play.

The playground equipment quote is attached.

Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemptions set forth in the California Environmental Quality Act (CEQA) Guidelines sections 15301 and 15301 as the project involves the replacement of existing public facilities located on the same site as the structure replaced and will have the same purpose and capacity with negligible or no expansion of the existing or former use. Furthermore, Staff has 01424.0001/1010809. l Page 1 of2

determined that none of the exemptions to Categorical Exemptions set forth in the CEQA Guidelines section 15300.2 apply to this project.

FISCAL IMPACT:

The total amount of this project is $139,151.36 which includes tax, freight, and installation. FY2024- 2025 has an approved budget of $137,500.

1. $82,500 has been approved in the FY2024-2025 budget from Fund 1213 - CFO

2. $55,000 has been approved in the FY2024-2025 budget from Fund 2003 - Park Impact Fees
Staff is requesting a supplemental appropriation for additional funds totaling $1,651 .36 to cover the shortfall of the playground project cost from unappropriated fund balance.

3. $990.82 from Fund 1213- CFO

4. $660.54 from Fund 2003- Park Impact Fees
ATTACHMENTS:

1. Resolution No. 2024-

2. Exhibit "A" Cost Proposal from All About Play for $139,151.36

3. Exhibit "B" Playground layouts
01424.0001 /1010809. I Page 2 of2

RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1)

APPROVING THE PURCHASE OF NEW PLAYGROUND EQUIPMENT FOR

ARAKELIAN PARK FURNISHED AND INSTALLED BY ALL ABOUT PLAY, IN THE AMOUNT OF $139,151.36; (2) AUTHORIZING THE FINANCE DEPARTMENT TO MAKE APPROPRIATION BUDGET ADJUSTMENTS; (3) AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS; AND ADOPTING A CLASS 1 (EXISTING FACILITIES) AND CLASS 2 (REPLACEMENT OR

RECONSTRUCTION) EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, the current public playground equipment at Arakelian Park has significantly deteriorated over time, presenting safety concerns, and diminishing the overall play experience for children; and
WHEREAS, upgrading to new, modern equipment will not only enhance safety but also provide a more enjoyable environment for families and children; and WHEREAS, investing in high quality playgrounds demonstrates a commitment to community well-being, which can foster positive relationships with residents and enhance their overall park experience; 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 new playground equipment for Arakelian Park to be furnished and installed by All About Play, in the amount of $139,151.36.

Section 2. Authorizing the Finance Department to a supplemental appropriation for additional funds totaling $1,651.36 to cover the shortfall of the playground project cost from unappropriated fund balance. $990.82 from Fund 1213- CFO and $660.54 from Fund 2003 - Park Impact Fees.

Section 3. Authorizing the Interim City Manager to execute all required documents.

Section 4. The City Council determines this project falls within the Categorical Exemptions set forth in the California Environmental Quality Act (CEQA) Guidelines sections 15301 and 15301 as the project involves the replacement of existing public facilities located on the same site as the structure replaced and will have the same purpose and capacity with negligible or no expansion of the existing or former use. Furthermore, none of the exemptions to Categorical Exemptions set forth in the CEQA Guidelines section 15300.2 apply to this project.

Section 5. This Resolution will become effective immediately Ill
ff/
ff/
01424.0001/1010812. l

Resolution No.

Page2 of3
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 3rd day of September 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST
Monica Cisneros, Deputy City Clerk

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

Jose A. Moran, Mayor
Of City of Livingston

TO:

CONTACT:

QUOTATION All
COMMERC'"'-) Play Pow~ :~u~:~~:gton C/0 A~2u t Pla
3844 Presidio Street, Sacramento, CA 95838 111•r,.,., •"'·' ,; ,,,,,. ,, .. .,,,,.,. , ... ,,. J City of Livingston
Livingston, CA
Tony Avina
Phone: 916-923-2180 Fax.: 916-646-6383 7'
www.playgroundpros.com
DATE: July 30, 2024
BY: Glen Wurster
916. 923.2180 PH
Exhibit A
PHONE:

EMAIL:

REFERENCE:
209.564. 7510
[email protected]
Arakelian Park
[email protected]
Quote #AP93024
Little likes Commercial Equipment - Sourcewell/NJPA Contract #010521-LTS Qty Description Each
MATERIALS: 1 Play Builder Playground $ 54,149.00 $
TAX:

FREIGHT:

INSTALLATION:

TOTAL:

Play Builder Arch Swings (6) Belt (2) Tot Seats
17% $
1 Sourcewell Discount
Fabric Shade 45'X30'Xl 4' Over Playground $ 22,833.00 $ SUBTOTAL: $
Sales tax is an estimate final tax will be charged 7.750% $ based on final shipping address
Shipping for Sahde Structure $
Shipping for Playground Free Under Sourcewell Contract
Installation of New Playground Equipment Only $
Site preparation and wood fiber responsibility of the customer Installation for Shade Structure Only $
$
Quote Good for 60 Days
Current lead time is 9-10 weeks for equipment delivery.

Installer will receive and offload equiment on site.

Not Responsible for Underground Utilities, Obstructions or Permits of Any Kind.

Total
54,149.00
(9,205.33)
22,833.00
67,776.67
5,252.69
4,214.00
28,076.00
33,832.00
139,151.36
If not quoted above, Customer is responsible for construction fencing, site preparation and irrigation re-routing.

Grass damage may occur during installation. We are not responsible for grass damage.

Please make purchase orders out to:

PlayPower LT Farmington C/0 All About Play 3844 Presidio St/ Sacramento/ C4 95838 Remit All Payments To:

PlayPower LT Farmington PO Box 734155 Dallas/ TX 75373-4155 I accept the terms and pricing listed on the above quotation:

Signature: _ _ _ ______________ _ Date:
3844 Presidio Street • Sacramento, CA • {916) 923-2180 PH • www.playgroundpros.com

Exhibit B

)
)
Exhibit B

~--
General Notes:

I Playground Layout Equipment for Public Use. liZJThis playground design mec_rs the (,-- - j IZJ;:;TMF148;:-Play;round f ~

1. . 0 CPSC Handbook for Public final Access Board Regulauons.

P8AACttSWl~G
LIOSJO
f!El"T SEAT BELT SEAT BELT ~EAT 9fLTS8\T 89.T SEAT BELT SEAT -YOTSE,\T TOT SieAT ~002.oia:?.S 200201SJS 20010233s 200202alS :.-002026,:JS ~a:is ~&l8 200202&!6 LEED points for
this structure
\__ Comp iance. - PlaygroundSafcty --- -- I
---- j
Project: Arakalisn Park
Livingston, CA
LTCl'S rep:

Glen Wurster
All About Play
(916) 923-21XU
Ground Space: 103'-6" x 21'-0"
Protective Arca: 11 S'-6" l< 33'-0"
Drawn by: Glen Wur,;rer
Date: 7/25/21)24
DWG Name: R03 I 7 _ 44912632514
LTCPS - Farmington
878 East Highway 60
Monett, Missouri 6570X
Voice: 1-800-325-8828
Fux: 417-354-2273
m
X
-::r
c'
;::.:

OJ

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement with Supreme Shield Security, Inc., in the Amount of $5,780 for the 2024 Sweet Potato Festival, and Granting the Interim City Manager Authority to Enter Into Future Agreement(s) with Supreme Shield Security, Inc., for Security Services for City Events in an Amount Not to Exceed $15,000 Per Fiscal Year
September 3, 2024
Jacquelyn Benoit, Recreation Superintendent
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Recommendation: Adopt the Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement with Supreme Shield Security, Inc., in the Amount of $5,780 for the 2024 Sweet Potato Festival, and Granting the Interim City Manager Authority to Enter Into Future Agreement(s) with Supreme Shield Security, Inc., for Security Services for City Events in an Amount Not to Exceed $15,000 Per Fiscal Year.

BACKGROUND:

The city of Livingston has used Supreme Shield Security at its special events for several years.

Their services have been used for events such as the 4th of July Festival and Sweet Potato Festival. Their services include gate entry security such as bag checks and provide an overall security presence at our events. Additionally, the Livingston Police Department has approved this group for providing these types of services and they oftentimes work in tandem for our events.

The City previously entered into agreements which were reviewed and approved by the City Attorney's Office. Due to the increase in use, and the re-establishment of the 4th of July event, the costs of Supreme Shield Security services exceed the $10,000 spending authority under the City Manager's Office requiring the City Council to approve.

DISCUSSION:

Additional security services are necessary for special events to ensure adequate security and protection for city sponsored events. The actual compensation for the 2023 Sweet Potato Festival and the 2024 4th of July Festival totaled $13,140.00. Since the Sweet Potato Fest occurred in FY 23/24, and the 4th of July occurred in. FY 24/25, there was no issue related to the total expenditure for these services. Due to the Sweet Potato Fest occurring in the same fiscal year as the 4th of July festival, the expenses will exceed the City Manager's authority as they occur in the same fiscal year.

Supreme Shield provides the required insurance coverage for the City as required under the agreement.
1

FISCAL IMPACT:

A not to exceed amount of $15,000.00 expenditure per fiscal year which will be budgeted in each fiscal year.

ATTACHMENTS:

1. Resolution
2

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SUPREME SHIELD SECURITY, INC., IN THE AMOUNT OF $5,780 FOR THE 2024 SWEET POTATO FESTIVAL, AND GRANTING

THE INTERIM CITY MANAGER AUTHORITY TO ENTER INTO FUTURE AGREEMENT(S) WITH SUPREME SHIELD SECURITY, INC., FOR SECURITY SERVICES FOR CITY EVENTS IN AN AMOUNT NOT TO EXCEED $15,000 PER

FISCAL YEAR
WHEREAS, the City of Livingston has been using Supreme Shield Security, Inc., for several years. Its services have been used for large special events such as the July Festival and Sweet Potato Festival, and include gate entry security such as bag checks and wand the attendees; and
WHEREAS, Supreme Shield Security, Inc., also provides overnight security of the facilities once the event has started, and provides security at the beer garden including checking ID's; and
WHEREAS, Supreme Shield Security, Inc., has receive positive feedback as having done an outstanding job at both the 2023 Sweet Potato festival and 2024 4th of July festival.

However, due to the City's increase in use of its services, to meet future needs the total amount is anticipated to exceed the City Manager's contracting authority of $10,000; and; WHEREAS, the City Council desires to approve a contract with Mr. Ruiz regarding the 2024 Sweet Potato Festival in the amount of $5,780; and WHEREAS, the City Council also desires to authorize additional contract authority to the City Manager for each fiscal year through June 30, 2027, to enable the City Manager to continue to negotiate and contract with Supreme Shield Security, Inc., for securi.ty services at City events without additional City Council approval; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVINGSTON, THAT:

1. The above recitals are true and correct.

2. The City Manager of the City of Livingston is authorized to execute the agreement with Supreme Shield Security, Inc., in the amo.unt of $5,780 for the 2024 Sweet Potato Festival.

3. The City Manager is further authorized to negotiate and approve contracts with Supreme Shield Security, Inc., for security services at City events in a total amount not to exceed $15,000 per fiscal year, through Fiscal Year 2026/27 ending June 30, 2027, with contracts subject to approval as to legal form by the City Attorney.

4. This resolution is effective immediately upon adoption. * * * * * *
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 meeting thereof duly held on the 3rd day of September 2024, by the vote recorded as follows:
01424.0001/1011901. I Page 1 of2

AYES:

NOES:

ABSTAIN:

ABSENT:

Jose Moran, Mayor
of the City of Livingston
ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 17th day of September 2024.

Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
01424.0001/1011901.1 Page 2 of2

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Consideration of a Resolution authorizing the Interim City Manager to execute a Professional Services Agreement with Julio Ruiz in the amount of $8,500 for sound services for the 2024 Sweet Potato Festival, and granting the Interim City Manager authority to enter into future agreement(s) with Julio Ruiz for sound services for city events in an amount not to exceed $20,000 per fiscal year September 3, 2024
Jacquelyn Benoit, Recreation Superintendent
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Recommendation: Adopt the resolution for an agreement with Julio Ruiz in the amount of $8,500 for sound services for the Sweet Potato Festival, and authorize the Interim City Manager to enter into future agreements for sound services for future City events in an amount not to exceed a total of $20,000 per year.

BACKGROUND:

The City of Livingston has been using Julio Ruiz for their large special events such as the July Festival and Sweet Potato Festival for several years. These services include a stage, sound system, and a sound engineer. A contract for the 2023 Sweet Potato Festival was developed in 2023, and because of the re-establishment of the 4th of July festival, an agreement was developed for that event as well. Due to the increase in use for two events, the costs of these services exceed $10,000, which exceeds the City Manager's authority and requires the City Council to authorize additional expenditures with Mr. Ruiz.

DISCUSSION:

Julio Ruiz has provided sound services for the City for several years. Since the City added the 4th of July event in 2024, the City has already expended $8,500 in this fiscal year. Knowing that the Sweet Potato Fest is scheduled for September, the next event will exceed the City Manager's spending authority. As a result, staff is seeking City Council approval for the Sweet Potato Fest agreement, and authorizing the interim City Manager to enter into additional agreement(s) for services for future City events not to exceed $20,000 per year through June 30, 2027.

The additional amount included in the not to exceed amount is in place to accommodate potential additions to the contract.

FISCAL IMPACT:

An annual amount of up to $20,000.00 per year will be included in the City's respective budget.

ATTACHMENTS:
1 . Resolution

2. Agreement
1

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PROFFESSIONAL SERVICES WITH JULIO RUIZ IN THE AMOUNT OF $8,500 FOR THE SWEET

POTATO FESTIVAL, AND GRANTING THE INTERIM CITY MANAGER AUTHORITY

TO ENTER INTO FUTURE AGREEMENT(S) WITH JULIO RUIZ FOR SOUND SERVICES FOR CITY EVENTS IN AN AMOUNT NOT TO EXCEED $20,000 PER

FISCAL YEAR
WHEREAS, the City of Livingston has been using Julio Ruiz for large special events such as the July Festival and Sweet Potato Festival for a number of years, and has contracted for the same; and
WHEREAS, Julio Ruiz has been an extremely reliable source for sound needs. However, due to the City's increase in use of his services, the total amount is anticipated to exceed the City Manager's contracting authority of $10,000; and WHEREAS, the City Council desires to approve a contract with Mr. Ruiz regarding the 2024 Sweet Potato Festival in the amount of $8,500; and WHEREAS, the City Council also desires to authorize additional contract authority to the City Manager for each fiscal year through June 30, 2027, to enable the City Manager to continue to negotiate and contract with Mr. Ruiz for sound services at City events without additional City Council approval; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVINGSTON, THAT:

1. The above recitals are true and correct.

2. The City Manager of the City of Livingston is authorized to execute the agreement with Mr. Ruiz in the amount of $8,500 for the 2024 Sweet Potato Festival.

3. The City Manager is authorized to negotiate and approve contracts with Julio Ruiz for sound services at City events in a total amount not to exceed $20,000 per fiscal year, through Fiscal Year 2026/27 ending June 30, 2027, with contracts subject to approval as to legal form by the City Attorney.

4. This resolution is effective immediately upon adoption. * * * * * *
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 meeting thereof duly held on the 17h day of September 2024, by the vote recorded as follows:

AYES:

NOES:

ABSTAIN:

ABSENT:
01424.0001/IOI 1890.1 Page 1 of2

Jose Moran, Mayor
of the City of Livingston
ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 17th day of September 2024.

Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
01424.0001/IOI 1890.1 Page 2 of2

CITY OF LIVINGSTON

EVENT SERVICES AGREEMENT FOR SPECIAL EVENTS
This EVENT SERVICES AGREEMENT (herein "Agreement"), is made and entered into by and between the CITY OF LIVINGSTON (herein "CITY") and Julio Ruiz (herein "Contractor''). The parties hereto agree as follows:

CONTRACTOR: Julio Ruiz
EVENT: Sweet Potato Festival 2024
EVENT DATES: Friday, Saturday, Sunday, September 27-29, 2024 START TIME [including set-up]:5pm-10pm Friday, 4pm-11pm Saturday, 4pm-10pm Sunday END TIME [including clean-up]:

LOCATION: Max Foster Sports Complex, 2600 Walnut Ave, Livingston, Ca 95334

1. ADMINISTRATION.

City's City Manager, or designee, is charged with the administration of this Agreement on behalf of the City and may make all decisions in connection therewith. Julio Ruiz (Self) is Contractor's representative authorized to make decisions in connection with this Agreement.

2. SCOPE OF SERVICES/SCHEDULE OF PERFORMANCE.

A. Contractor will provide the following items
a. 24'x12' stage with truss structure to be set up September 27 through 29 b. All audio necessary for musical performances
c. RCF line array
d. RCF subs
e. Shure microphone package
f. One sound technician
g. Stage lighting including stage wash lights only
h. Generator with no fuel (fuel to be provided by city) i. Power distribution with breakouts
Contractor is subject to the following restrictions: compliance with the City of Livingston Municipal Code, including Noise Regulations.

3. SPECIAL REQUIREMENTS.

A. Contractor must comply with all applicable restrictions on the use of intellectual property including copyright laws for music.

8. Contractor agrees to permit City to us photography and/or video taping of this activity/event for promotional use/or on City's website.

Contractor warrants that he/she and all staff of Contractor who may provide services pursuant to this Agreement who may have contact with children have never been convicted of any offense specified in the 01424.0001/1011615.1 Page 1 of 5

Public Resources Code Section 5164 or Penal Code Section 11105.3 which would prelude any such person from working with children. If required by state law and indicated below a Contractor's sole expense, Contractor and its staff shall submit to fingerprinting and a background check, in accordance with Section 5164 of the California Public Resources Code, and or shall submit to the City a certificate regarding communicable tuberculosis as required by Sections 5163 et seq. of the California Public Resources Code. The foregoing requirements must be satisfied prior to the commencement of the Services.

Fingerprinting and/or Tuberculosis, as specified, required:

YES NOX
[Req!i/red for individuals who may come in to contact with children and/ or work as a food/beverage concessionaire.]

4. TERM.

The term of this Agreement shall be from the Start Date and Start Time through the End Date and End Time specified above.

5. SCHEDULE OF COMPENSATION.

City agrees to pay Contractor a maximum sum of $8,500.00, for the services and/or performance specified above in Section 2 of this Agreement. City agrees to pay Contractor in the form of a City check on the date of the service and/or performance payable to Contractor at the conclusion of services rendered.

Payment Schedule:

September 29, 2024 $8,500.00 (amount)

6. INDEMNITY.

The Contractor agrees to indemnify, hold harmless, and defend the City, its officers, employees, and agents from any and all claims, losses, or actions brought by any person or persons resulting directly or indirectly from the wrongful or negligent acts, errors, and omissions of the Contractor and its officers, employees, agents, or volunteers, including, without limitation, any penalties, claims or liabilities arising in connection with a violation of intellectual property laws and copyright regulations.

7. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor agrees to perform the services hereunder as an Independent Contractor and under no circumstances or conditions shall Contractor or any of his/her agents, servants and employees, be considered an employee or agent of the City. Contractor is solely responsible for selecting the means, methods and procedures for performing its services hereunder and for coordinating all portions of the work so the results will be satisfactory to City. Contractor will supply all tools and instruments required to perform its services under this Agreement. ·contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

Contractor shall not be entitled to any benefits accorded to City employees, including workers' compensation, disability insurance, vacation or sick pay and Contractor hereby expressly waives any claim he/she may have to such rights.
01424.0001/1011615.1 Page 2 of 5

8. FACILITIES, EQUIPMENT, SUPPLIES AND CARE OF CITY PROPERTY.

A. City shall provide the following facilities, materials and equipment for use in the Event:

1. Location of Max Foster Sports Complex for event.

B. Contractor shall provide the following materials and equipment for use in the Event at Contractor's sole expense: Equipment Needed to Provide services.

C. Contractor shall take prudent care of City property, including but not limited to the property listed above. Contractor shall ensure that the property, equipment and/or facility is left in the same condition as it was found.

9. INSURANCE.

If required by this Section, Contractor agrees to obtain and maintain the policies set forth in the attached Exhibit A, entitled "INSURANCE REQUIREMENTS." All policies, endorsements, certificates and/or binders shall be subject to approval by the City as to form and content. Contractor agrees to provide City with a copy of the required policies, certificates and/or endorsements before services commence under this Agreement.

Insurance Coverage as specified in Exhibit A Required:

YES X NO[]

10. LITIGATION MATTERS.

This Agreement shall be construed and interpreted in accordance with the laws of the State of California and venue shall be the County of Merced Superior Court.

11. NONDISCRIMINATION.

Contractor shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, in connection with or related to the performance of this Agreement.

12. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT.

Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City.

13. PRIOR AGREEMENTS AND AMENDMENTS.

This Agreement, including the Exhibit, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. Except as expressly provided herein, this Agreement may only be modified by a written amendment duly executed by the parties.

14. SEVERABILITY.
01424.0001/ 1011615.1 Page 3 of 5

Should any portion, word, clause, phrase, sentence or paragraph of this Agreement be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected.

15. CORPORATE AUTHORITY.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

In Witness Whereof, the parties hereto have executed this Agreement on the day and year written above.

CITY OF LIVINGSTON,
"CITY":

By: ______________ _
Christopher Lopez. Interim City Manager
Date
ATTEST:

By: _____________ _
APPROVED AS TO LEGAL FORM:

By: -------------- Roy C. Santos
Aleshire & Wynder
01424.0001/1011615.1
Julio Ruiz
"CONTRACTOR":

By: ______________ _
Julio Ruiz
Date

EXHIBIT A

INSURANCE REQUIREMENTS
Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:

A. Commercial General Liability Insurance. A policy of commercial general liability insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate. The City and each of its employees and agents must be mentioned as additional insured.

B. Workers' Compensation Insurance. A policy of workers' compensation insurance on a stateapproved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000.00 per accident for all covered losses. However, this requirement shall not apply if Contractor has no employees. If Contractor has no employees, Contractor shall submit a written statement under perjury that he/she has no employees.

C. Automotive Insurance. A policy of comprehensive automobile liability insurance as required by California law.

Said policies of insurance shall not be cancelled without providing ten (10) days' prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled or amended, Contractor shall, provide new evidence of insurance. No work or services under this Agreement shall commence until Contractor has provided City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages to the satisfaction of the City.

Contractor agrees that the provisions of this Section shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor's activities or the activities of any person or persons for which Contractor is otherwise responsible.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide or The Key Rating, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager of the City due to unique circumstances. 01424.0001/1011615.l Page 5 of 5

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Granting the Interim City Manager Authority to Execute Professional Services Agreement(s) with Ashley Maciel to Coordinate Vendors for City Special Events in an Amount Not to Exceed $18,000.00 Per Fiscal Year
September 3, 2024
Jacquelyn Benoit, Recreation Superintendent
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Recommendation: Adopt the Resolution Granting the Interim City Manager Authority to Execute Professional Services Agreement(s) with Ashley Maciel to Coordinate Vendors for City Special Events in an Amount Not to Exceed $18,000.00 Per Fiscal Year.

BACKGROUND:

In May of 2023, the City entered into an agreement with Ashley Maciel to provide coordination for vendors at City sponsored special events. Ms. Maciel has been an asset to the Recreation Department as she is able to recruit, register, gather paperwork, file for health permits and check in and supervise vendors at city events. City sponsored events include Music in the Park, the 4th of July Festival, Sweet Potato Festival, Fall Street Fair and the Lighted Christmas Parade Gift Fair.

Ms. Maciel's original contract was less than $10,000 but due to the growth of vendor participation, and due to the re-establishment of the City's 4th of July event, the expenditure now exceeds the City Manager's authority.

DISCUSSION:

Based on the type of City sponsored event, the contract stipulates a different rate of payment.

On larger events, the payment to Ms. Maciel is based on a 50/50 split of total revenues from vendor fees. Payment to Ms. Maciel for smaller events is based on a per vendor fee. Larger events require more recruitment, permits from the Health Department, as well as inspection scheduling.

Ms. Maciel does carry the required insurance as stipulated in the agreement. Below is a table of revenue generated for various events, and the respective split.

Based on the proposed contract, the total payments to Ashley Maciel shall not exceed $18,000. 1

Event Ashley Maciel City Revenue Retained
Payment
2023 Sweet Potato Festival $5,087.50 $5,087.50
(50/50)
Fall Street Fair $20 Ashley $5 $1,400.00 $420.00
citv per vendor per week
2023 Dia de Los Muertos $280.00 $70.00
$20 Ashlev $5 citv per vendor
2023 Light Christmas Parade $32f>.OO $80.00
Gift Fair
$20 Ashlev $5 citv per vendor
Music in the Park FREE to N/C N/C
Vendors
2024 4th of July Festival (50/50) $8,712.00 $8,712.00
Total Revenue $15,799.50 $14,369.50
FISCAL IMPACT:

Revenue of $30,169.00. Expenditures for the payment of the agreement is based on revenue collected and will be included in future fiscal year budgets.

ATTACHMENTS:

1. Resolution
2

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON GRANTING

THE INTERIM CITY MANAGER AUTHORITY TO EXECUTE PROFESSIONAL

SERVICES AGREEMENT(S) WITH ASHLEY MACIEL TO COORDINATE VENDORS FOR CITY SPECIAL EVENTS IN AN AMOUNT NOT TO EXCEED $18,000.00 PER

FISCAL YEAR
WHEREAS, the City of Livingston has had a professional service agreement with Ashley Maciel to provide coordination services between vendors and the city for city sponsored special events; and
WHEREAS, Ms. Maciel has been a valuable asset to the Recreation Department as she has been able to recruit, register, gather paperwork, file for health permits and check in and supervise vendors at City events; and
WHEREAS, events that have benefited from Ms. Maciel's coordination includes Music in the Park, 4th of July Festival, Sweet Potato Festival, Fall Street Fair, Dia de Los Muertos and the Lighted Christmas Parades Gift Fair; and
WHEREAS, revenue generated for the events supported by Ms. Maciel totals over $30,000 with each event having a different rate of pay depending on the size of the event.

Pay rate is a 50/50 split for the July Festival and the Sweet Potato Festival and smaller minimum hour events the city gets $5 per vendor per day; and WHEREAS, Ms. Maciel's original contract was less than $10,000 but due to the growth of vendor participation the anticipated contract amount is anticipated to exceed the authority of the City Manager to contract with Ms. Maciel; and
WHEREAS, the City Council desires to authorize additional contract authority to the City Manager for each fiscal year through June 30, 2027, to enable the City Manager to continue to negotiate and contract with Ms. Maciel for vendor coordination services without further City Council approval; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVINGSTON, THAT:

1. The above recitals are true and correct.

2. The City Manager is authorized The City Manager is authorized to negotiate and approve contracts with Ashely Maciel for vendor coordination services at City events in an amount not to exceed $18,000.00 per fiscal year, through Fiscal Year 2026/27 ending June 30, 2027, with contracts subject to approval as to legal form by the city attorney.

3. This resolution is effective immediately upon adoption. * * * * * *
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 meeting thereof duly held on the 3rd day of September 2024, by the vote recorded as follows:
01424.0001/1011882.1 Page I of2

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
01424.0001/1011882. I
Jose Moran, Mayor
of the City of Livingston
Page2 of2

STAFF REPORT
AGENDA ITEM: Resolution Approving Water Enterprise Funds, State Funds, and/or ARPA Funds to be Used for Installing an Arsenic Treatment Facility at Well SA and Constructing the New Well 18 Improvements to Augment the City's Water Supply
MEETING DATE: September 3, 2024
PREPARED BY: Noe Martinez, Gouveia Engineering, Inc.

Approved By: Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution approving the use of City Enterprise funds, State Funds, and/or ARPA funds to be used for installing an Arsenic Treatment Facility at Well 8A and constructing the New Well 18 Improvements to augment the City's water supply.

BACKGROUND:

The City of Livingston's water supply is currently challenged to adequately provide for existing users and new development growth within the City's service area. Both the increased water demands, and the deferred maintenance of the City's water infrastructure has led to the need for new water sources (wells) to keep the water system fully functional and redundant (with spare capacity).

In an effort to maintain system reliability, City staff commissioned the City Engineer's office in 2019 to prepare a feasibility study for replacing the existing Wells 8, 9, and 11. The City had just repaired the existing deteriorated casing for Well 8 and concerns of any more collapses prompted staff to consider drilling new wells for these existing well sites. Additionally, in November 2023, the City Engineer updated the Water System Capacity Assessment Study completed in 2021 that showed the City's water supply is inadequate for meeting water demands for planning purposes in accordance with the California Water Code standards. Based on the Study, the City's assumed water capacity is deficient compared to the City's historical water demand.

In 2020, City staff authorized the design for replacing the existing Well 8 and decided to pursue constructing Wells 18 and 19 as replacements for the existing Wells 9 and 11. The City Engineer's office proceeded to prepare a set of plans and specifications for constructing a new test well at the Well 8 site and another set for constructing the new Well 8A. The test well for Well 8A was completed in 2020. The plans and specifications for constructing the new Well 8A were completed and advertised in 2022. The City was able to secure additional land from Foster Farms for the Well 8A Project and authorized the contractor to begin work for this project in September 2023.

Additionally, City staff partnered with Foster Farms to complete the test wells 18 and 19 while the City pursued State SRF funding for constructing the planned Wells 18 and 19. Foster Farms completed the test Well 19 in 2022 and is presumably under contract with the well driller

for completing the test Well 18. For the SRF funding, City staff amended the ongoing application for the Centralized TCP Plants and Storage Tanks (TCP treatment projects) to include the construction for Wells 18 and 19.

Well SA and Arsenic Treatment
The ongoing work for the Well 8A Project identified the need for an Arsenic Treatment Facility for this new well based on water quality testing data. The initial test results did not show the need for Arsenic treatment, but numerous subsequent water quality tests have shown the water from Well 8A would exceed the maximum limits for Arsenic concentration. City staff has evaluated the feasibility of completing this project at a higher cost than anticipated and believes the addition of Arsenic treatment is warranted. The ongoing work for Well 8A would continue while plans and specifications for the new Well 8A Arsenic Treatment Facility are completed and these treatment improvements are installed. City staff anticipates the new Well 8A to be in production as soon the new well equipment is installed albeit at a reduced capacity to keep the Arsenic concentration below the maximum limits by blending the water produced from the existing Well 8.
2023 Water System Capacity Assessment and 2024 Public Works Assessment The findings from the November 2023 Water System Capacity Assessment Study Update in corroboration with the field operational concerns from Public Works staff, has led City staff to actively seek measures for regulating new development given the City's current water supply restrictions. The California Water Board has also published an audit report for the City of Livingston's Water System highlighting the City's water shortage for planning purposes. The concerns with the current water supply have also put an emphasis on completing the work for the planned Wells 18 and 19.

Completing one or both wells would add a much-needed new water source to offset any current shortage in water supply and would also provide limited spare capacity for entitled development projects and the current wave of over-the-counter building permit applications for Accessory Dwelling Units.

Besides the addition of new water sources, Public Works staff has also embarked on optimizing the existing water infrastructure by 1) developing a comprehensive inventory of much-needed repairs or replacements of subpar facilities, 2) making facility adjustments based on day-to-day operations, equipment failures or demand seasons, 3) intensifying maintenance measures, and 4) conducting performance forensic analysis of various system components.

City staff has been actively working with the California State Water Board dating back to 2018 when staff completed the City of Livingston's Corrective Action Plan for getting into compliance with TCP guidelines. Subsequently, City staff prepared State SRF funding applications for implementing TCP treatment projects and the Wells 18 and 19 in the amount of $42 million.

Prior SRF funding was secured to complete the centralized TCP plant for wells 14 and 16 in 2021 as part of the City's corrective action plan. Throughout these years, City staff has conducted numerous outreach presentations for the Livingston residents in regard to TCP compliance and held various water workshops with the City Council for updates on funding status and project completion progress.

Recent discussions with the State Water Board have revealed the State's reluctance to fund Wells 18 and 19 which would reduce the grant amount to $27 million that is sufficient to fund only the TCP treatment projects. This reduced grant funding would be supplemented by the recently awarded $1 million of discretionary funds from Senator Anna Caballero's office. The State is currently reconsidering funding any of the wells resulting in the State holding back the funding agreement for the City to proceed with completion of the City's TCP treatment projects.

DISCUSSION:

On August 6, 2024, City staff presented the City Council with an overview of the City's Arsenic concentration in the water system and more specifically the final Arsenic testing results for Well 8A. The presentation also included the estimated cost for constructing an Arsenic Treatment Facility at this well site and the City's available funds from the Water Enterprise and TCP Settlement accounts. City staff informed the City Council the cost for Arsenic treatment for Well 8A would be approximately $3 million which could be funded from the City's Enterprise and TCP Settlement fund account balances totaling approximately $17.5 million. Alternatively, the City Council could pursue State SRF funding for the Well SA Arsenic treatment which would consist of 75% grant funds and 25% loan funds. The City Council considered all of the presented information and directed City staff to bring back an agenda item for the Council's consideration and approval of TCP Settlement and/or enterprise funding for the Well SA Arsenic Treatment Facility and a new water well (s).

On August 20, 2024, the City Council approved the use of ARPA funds for water projects in the amount of $656,392. These ARPA funds would also be eligible for funding the Well SA Arsenic Treatment Facility and a new water well (s).

City staff recommends proceeding with completion of the Well 8A Arsenic Treatment Facility and the New Well 18 Improvements Project. A brief description of the project timeline, estimated cost, and funding sources is presented below.

Well 8A Arsenic Treatment
The estimated cost of $3 million for Arsenic treatment would increase the total cost for the Well SA Improvements to approximately $7 million. The proposed Arsenic plant would be oversized to treat the flow from the future Well 18. The addition of an Arsenic Treatment Facility would extend the completion timeline for the Well SA project approximately 24 months if funded with the City's Enterprise funds and ARPA funds. The approximate timeline would extend an additional 36 months if the City successfully pursues State SRF funds. It is anticipated the Well 8A original improvements would be completed prior to the commissioning of the Arsenic Treatment Plant but in the interim the newly constructed well would be put into production by blending with the water from the existing Well 8. The Well SA Arsenic Treatment Plant could be funded from a single account or a combination from the following funding sources:

Approx. Fund
Fund Account Balance
Grant from Senator Caballero $1,000,000
Water Enterprise Fund $7,500,000
Water Capital Fund $6,500,000
ARPA Fund $656,392
Total $15,656,392

City staff recommends funding the Well BA Arsenic Treatment Plant from the following accounts:

Fund Account Amount
ARPA Fund $656,392.00
Water Enterprise $1,626,804
Water Capital $716,804
Total $3,000,000
If the City Council were to pursue State SRF funding for the Well BA Arsenic Treatment Plant, these State funds would not only be not guaranteed but this approach would also delay the completion of this much needed well replacement project.

New Well 18 Improvements
The estimated cost for the Well 18 Improvements is $5.25 million as tabulated below. This estimate includes the land acquisition cost of $150,000 determined from a 2022 appraisal. The Well 18 estimate does not include costs for TCP treatment or Arsenic treatment for the following reasons. The flow from Well 18 would be treated for TCP at the Centralized TCP Plant for Well BA which is scheduled for funding as part of the $27 million SRF grant. Well 18's water would be treated for Arsenic at the oversized plant for Well BA scheduled for funding as part of the $3 million funding allocation from the City's Enterprise accounts, and ARPA funds. A test well for Well 18 would be constructed to confirm the need for TCP and Arsenic treatment for this new well. It is anticipated the work for constructing the new Well 18 would be completed in approximately 36 months. Although the new Well 18 may be completed ahead of the centralized TPC plant, it is anticipated this new well would be permitted by the State Water Board and placed on line under the current TCP Notification Plan for the City's water system. The new Well 18 Improvements Project would be funded from the previously mentioned enterprise accounts and grants for the City of Livingston.

Well 18 Estimated Costs Amount
Land Acquisition $150,000
Test Well $100,000
Develop and Construct Well $5,000,000
Total $5,250,000
The new Well 18 Improvements Project would be funded from the previously mentioned enterprise accounts and grant funds for the City of Livingston. City staff recommend funding the new Well 18 Improvements from the following accounts.

Fund Account Amount
Water Enterprise $2,450,000
Water Capital $1,850,000
Grant from Senator Caballero $1,000,000
Total $5,300,000

Based on the above allocations, the city will have adequate reserves in the accounts should an emergency arise, below is the tabling showing the reserves after these projects have been allocated.

Estimated
Operating Budget (Including Balance
Fund Account the projects) 6/30/2025
Water Enterprise $8,038,372 $4,200,000
Water Capital $2,882,737 $1,100,000
Total $10,921,109 $5,300,000
The proposed site for Well 18 is located at the corner of Davis Street and White Avenue and it is owned by Foster Farms. City staff has been working on acquiring this parcel from Foster Farms and needs to pick up on the negotiations last held in early 2023. It is understood Foster Farms has requested three independent appraisals for setting the purchase price. It is imperative the City successfully negotiates the land acquisition from Foster Farms to avoid delays in completing the recommended well project.

The City Council could opt to pursue State SRF funding for the planned wells 18 and 19. City staff is currently awaiting a determination from the State on funding eligibility for one of these planned wells. If the City insists on requesting SRF funding for either well, this will delay the implementation of the remaining TCP projects mandated by the State Water Board as part of the City's Compliance Order for TCP maximum concentrations. Any funding from the State would help offset the previously mentioned estimated cost for Well 18 at $5.25 million or the estimated cost of $12.7 million for Well 19. However, relying on State SRF funding for constructing any of these wells would set back the completion timeline 3-6 months compared to the immediate approval for enterprise funds, TCP Settlement funds, or the ARPA funds by the City Council.

FISCAL IMPACT
The costs for the Well 8A Arsenic Treatment Plant and New Well 18 Improvements would be fully funded from the City's Water Enterprise Fund, Water Capital Fund, Grants and ARPA Fund.

The City Council approves a supplemental appropriation from the Water Enterprise Fund, Water Capital Fund, Grants and ARPA not to exceed $8,300,000 and authorizes the Finance Department to make the necessary budget adjustments.

ATTACHMENTS:

1. Resolution

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING

WATER ENTERPRISE FUNDS, STATE FUNDS, AND/OR ARPA FUNDS TO BE USED FOR

INSTALLING AN ARSENIC TREATMENT FACILITY AT WELL BA AND CONSTRUCTING THE NEW WELL 18 IMPROVEMENTS TO AUGMENT THE CITY'S WATER SUPPLY WHEREAS, the City of Livingston owns and operates a water system to provide potable water to residential, commercial, industrial, and institutional customers within the City's service area; and
WHEREAS, the City's water supply is currently challenged to adequately provide for existing users and new development growth; and •
WHEREAS, both the increased water demands and the deferred maintenance of the City's water infrastructure has led to the need for new water sources to keep the water system fully functional and redundant; and
WHEREAS, City staff has conducted feasibility studies and water system capacity assessments dating back to 2019 in an effort to maintain system reliability and regulate new development due to water supply restrictions; and
WHEREAS, City staff has been actively working with the California State Water Board dating back to 2018 for getting into compliance with TCP guidelines and securing State SRF funding for completing treatment projects and water storage facilities; and WHEREAS, City staff had requested a total of $42 million for TCP treatment projects including storage facilities and new water wells. However, the State Water Board has now reduced the awarded amount to $27 million and have excluded the water wells as ineligible projects; and WHEREAS, in 2020 City staff authorized the replacement for the existing Well 8 and began construction work for the new Well BA in 2023 after securing additional land from Foster Farms for the well improvements; and
WHEREAS, water quality testing has identified elevated levels for Arsenic concentration for the water produced from the new Well 8A and thereby Arsenic treatment is needed for this new well; and
WHEREAS, a 2023 Update to the Water System Capacity Assessment Study completed by the City Engineer and an independent Water Audit Report published by the California State Water Board have both concluded the City's current water supply is deficient for meeting water demands for planning purposes. In addition, field operational concerns from Public Works have corroborated the water supply restrictions now facing the City of Livingston; and WHEREAS, the water supply concerns have led City staff to focus on the work for the planned wells 18 and 19 started in 2020 and to complete one or both wells that would add a muchneeded new water source to offset any current water shortage and provide limited spare capacity for development growth; and
WHEREAS, City staff had partnered with Foster Farms for completing the planned wells 18 and

19 whereby Foster Farms would complete the required test wells and the City of Livingston would secure the funding for constructing the new wells for these planned projects. Additionally, the City would purchase the lands from Foster Farms for these planned wells; and WHEREAS, the City has a combined total fund balance of approximately $15,000,000 for constructing water projects from the Water Enterprise Fund, Water Capital Fund and grants; and
WHEREAS, the City Council has authorized the use of ARPA funds in the amount of $656,392 for water projects increasing the total available funds to approximately $15,600,000 for constructing the proposed Well 8A Arsenic Treatment Facility and the new Well 18 Improvements; and
WHEREAS, City staff recommends completing an Arsenic Treatment Facility for Well 8A with an estimated cost of $3 million and an estimated completion timeline of 24 months; and WHEREAS, City staff recommends completing the Well 18 Improvements Project with an estimated cost of $5.25 million and an estimated timeline of 36 months. This project would include a test well, land purchase, development and construction of the new well; and WHEREAS, City staff recommends funding both the Well 8A Arsenic Treatment Facility and the Well 18 Improvements from the following accounts; and
Well 8A Arsenic Well 18
Approx. Fund Treatment Facility Improvements
Fund Account Balance Budqet Allocation Budaet Allocation ARPA Fund $656,392 $656,392 - Water Enterorise Fund $7,500,000 $1,626,804 $2,450,000 Water Caaital Fund $6,500,000 $716,804 $1,850,000
Grant from Senator Caballero $1,000,000 - $1,000,000
Total $15,656,392 $3,000,000.00 $5,250,000.00
WHEREAS, the City Council desires to complete the Arsenic Treatment Facility for Well 8A and the new Well 18 Improvements and delegates the authority to the Interim City Manager to implement these water projects.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby approves funding from the City's Water Enterprise accounts, state funds, and/or ARPA funds for installing an Arsenic Treatment Plant at Well 8A with an estimated cost of $3,000,000. The City Council authorizes the Finance Department to make the necessary budget adjustment and supplemental appropriations based on the table below:

Well BA Arsenic
Treatment Facility
Fund Account Budaet Allocation
ARPA Fund $656,392
Water Enterprise Fund $1,626,804
Water Capital Fund $716,804
Grant from Senator Caballero - Total $3,000,000.00
Section 3. The City Council hereby approves funding from the City's Water Enterprise accounts, state funds, and/or ARPA funds for constructing the new Well 18 Improvements with an estimated cost of $5,300,000. The City Council authorizes the Finance Department to make the necessary budget adjustment and supplemental appropriations based on the table below:

Well 18
Improvements
Fund Account Budaet Allocation
ARPA Fund -
Water Enterprise Fund $2,450,000
Water Capital Fund $1,850,000
Grant from Senator Caballero $1,000,000
Total $5,250,000.00
Section 4. The City Council hereby approves a supplemental appropriation from the Water Enterprise Fund, Water Capital Fund, grants and ARPA not to exceed $8,300,000.00 and authorizes the Finance Department to make the necessary budget adjustments.

Section 5. The Interim City Manager is hereby directed and authorized to execute any necessary agreements and/or documents for fully implementing these projects.

Section 6. 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 City Council of the City of Livingston at a regular meeting thereof duly held on 3rd day of September 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:------------- Jose A. Moran, Mayor
of the City of Livingston

ATTEST:

Monica Cisneros, Deputy City Clerk
of the City of Livingston

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

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Authorizing the City Mayor to Sign the following Support Letters on Behalf of the City: 1) Support letter for 2024 Good Jobs Challenge: The Rail Academy of Central California Project and 2) Support Letter for Railroad Crossing Elimination Program Application for Fiscal Years 2023-2024: Stockton Diamond Grande Separation Project.

September 3, 2024
Christopher Lopez, Interim City Manager
Roy Santos, City Attorney
RECOMMENDATION:

Staff recommends that the City Council authorize the Mayor to send the attached letters of support to the appropriate agencies at the request of the San Joaquin Rail Commission.

BACKGROUND:

The San Joaquin Regional Rail Commission (Rail Commission) and the San Joaquin Joint Powers Authority have requested letters of support from the City of Livingston for the following projects for the following grant programs:
• FY 23-24 Railroad Crossing Elimination Program (RCE) grant for the Stockton Diamond Grade Separation project, which would construct a grade separation separating the intersection of UPRR Fresno Subdivision and the BNSF Stockton Subdivision. • FY 24 Good Jobs Challenge (GJC) grant for The Rail Academy of Central California (TRACC) project, which is a workforce training program that creates employment opportunities to enhance the region's economic growth.

DISCUSSION:

The San Joaquin Regional Rail Commission (Rail Commission) have requested letters of support by September 17, 2024, for the above-mentioned projects.

ATTACHMENTS:

1. Letters of Support

City of Livingston
1416 C Street
Livingston, CA 95334
September 3, 2024
Assistant Secretary Alejandra Y. Castillo
U.S. Economic Development Administration
U.S. Department of Commerce
1401 Constitution A venue. NW
Suite 71014
Washington, DC 20230
SUBJECT: Support for 2024 Good Jobs Challenge (GJC): The Rail Academy of Central California (TRA CC) Project
Dear Director Castillo,
On behalf of the City of Livingston, I am writing to express support for the application by San Joaquin Regional Rail Commission (Rail Commission) to the United States Department of Commerce's (USDOC) Economic Development Administration's (EDA) Fiscal Year (FY) 2024 Good Jobs Challenge (GJC) grant for The Rail Academy of Central California (TRACC) project (Project).

The rail and transit industries are struggling to attract new talent to replace a workforce that is aging. TRACC addresses our region's current training and accessibility gap. Sacramento City College (Sac City) has suspended its railroad workforce program in our region, hampering efforts to attract young talent. Many previous Sac City program graduates have successful, wellpaying careers with Union Pacific Railroad, Amtrak, and Rail Commission.

TRACC program was developed based on the Federal Railroad Administration-approved original Sac City program while providing students with hands-on training at the Altamont Corridor Express Rail Maintenance Facility (RMF) in Stockton. This modern, 157,000 sq. ft. facility provides students with an unrivaled opportunity to learn the skills they need to succeed and grow within the industry by working on actual equipment. The classroom-style instruction for the TRACC Program is held at Robert J. Cabral Station.

TRACC creates employment opportunities that will directly enhance our region's economic growth. The Rail Commission's goal and that of their sectoral partners, the Stockton Unified School District and Sac City, is to provide the youth of Stockton, California, and the adult learners of the surrounding region with the opportunity to gain marketable skills to position them

CITY OF LIVINGSTON
1416 "C" Street LIVINGSTON, CALIFORNIA 95334 PHONE: (209)394-8041 FAX: (209) 394-4190 www.cityoflivingston.org

for success in the rail industry. TRACC represents an innovative strategic partnership between educational, public, and business entities.

A strong national passenger rail system requires a strong workforce. The advancement of TRACC and other similar workforce development opportunities will result in mobility and growth for current employees, and new opportunities for currently unemployed and underemployed workers.

The Project aligns well with the GJC's objectives and implements strategies that meet employers' workforce needs, advance the skills and employment prospects of workers and jobseekers, grow regional economies, and increase employment in resilient and good jobs. The Project meets employer needs, produces long-term positive outcomes for workers and their communities. The Project meets the goals of GJC by providing training that leads to placement in good jobs in the rail industry. The Project also addresses San Joaquin County's comprehensive economic development strategy and its mutual goals to (1) create transformative job opportunities for residents, (2) develop and maintain an integrated, sustainable, multi-mode transportation system that enables safe and efficient movement of goods and people such as rail and (3) develop and nurture an innovation culture to facilitate technology-based business recruitment and job creation.

The Rail Commission is requesting $1.5 million in grant funding for the TRACC Project. The requested funding will cover four (4) instructor costs, including salaries and equipment (such as instructor laptops and office supplies), class supplies for onboard instruction (such as railroad radios and railroad flares), personal protective equipment for students of the program (including safety glasses, earplugs, hard hats, safety vests, and work boots), contractual costs (marketing), and costs for the facility and transportation. The project has direct funding from Sacramento City College's Strong Workforce Program Legislation award. The Rail Commission has secured a total of approximately $600,000 already for the Project.

City of Livingston would like to thank USDOC's EDA for considering and welcomes the opportunity to support Rail Commission in the pursuit of this Project.

Sincerely,
Jose A. Moran
Mayor of City of Livingston

City of Livingston
1416 C Street
Livingston, CA 95334
September 3, 2024
The Honorable Amit Bose
Administrator
U.S. Department of Transportation
Federal Railroad Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
SUBJECT: Support of the Railroad Crossing Elimination Program Application for Fiscal Years 2023 and 2024: Stockton Diamond Grade Separation Project Dear Administrator Bose,
City of Livingston strongly supports the San Joaquin Regional Rail Commission's (Rail Commission) application to the Federal Railroad Administration (FRA) Railroad Crossing Elimination Program (RCE) for the Fiscal Years 2023 and 2024 for the Stockton Diamond Grade Separation Project (Project).

The purpose of the Project is to eliminate the at grade intersection of the Burlington Northern and Santa Fe (BNSF) Stockton Subdivision and the Union Pacific (UP) Fresno Subdivision located in Stockton, California and to eliminate or bring up to current safety standards at grade intersections of certain local streets identified for inclusion in the Project. The junction of the BNSF and UP tracks, referred to as the "Stockton Diamond," is the most heavily congested freight bottleneck in California, as well as one of the most congested rail junctions in the nation.

Completion of the Project is critical for unlocking capacity needed for the "Valley Rail" future expansion of the ACE commuter rail and Amtrak San Joaquins intercity passenger rail service to improve the safety and efficiency of freight mobility in the growing San Joaquin Valley and Northern California Megaregion.

The Rail Commission is requesting $25 million in grant funding for the Project. The Rail Commission has secured significantly more than the required 20% non-federal matching funding needed to apply for the RCE grant.

This Project aligns with the RCE Program purpose to improve safety and mobility of people and goods. Further, it supports the stated Administration Priorities of safety, equity, and climate and sustainability.

CITY OF LIVINGSTON
1416 "C" Street LIVINGSTON, CALIFORNIA 95334 PHONE: (209)394-8041 FAX: (209) 394-4190 www .cityofl ivingston. org

City of Livingston would like to thank the FRA for its consideration and welcomes the opportunity to support the Rail Commission in the pursuit of RCE grant funding to support the Project.

We urge your careful consideration and review of this important funding request.

Sincerely,
Jose A. Moran
Mayor of City of Livingston

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

STAFF REPORT
Resolution Approving a Facility Fee Waiver/Reimbursement Request from Pacific Coast Kalsa Diwan Society Sikh Temple, Inc. For the Use of City Facilities Totaling $320
September 3, 2024
Happy Bains - Acting Finance Director
RECOMMENDATION:

Staff recommends the council approve a fee waiver/reimbursement for Memorial Park use for the Pacific Coast Khalsa Diwan Society Sikh Temple, Inc that was held on September 1, 2024.

BACKGROUND:

On September 4, 2023, members of the Pacific Coast Khalsa Diwan Society Sikh Temple, Inc came in reserve Memorial Park for September 1, 2025, for their annual Teeyan Da Mela which occurs the first Sunday of September. The facility use form was submitted to the Recreation staff for this event to use Memorial Park Facilities to include the kitchen and electricity on August 15, 2024.

Previously, this organization has used Memorial Park Facilities for this event with no issues or complaints. As part of the City's requirements the group has obtained and provided an insurance certificate. Additionally, alcohol will not be permitted in the park and all other rules and requirements are required for the use of the facility.

The City of Livingston has a Parks and Recreation Fee Policy in place which was adopted in 2008 and is attached for reference. The fee policy states, "Special non-profit groups/organizations, schools or organizations providing a free service to the community identified by the Recreation Department may be granted special consideration in the form of reduced rates or free services."
According to policy, "It is understood that on occasion special consideration may be needed in determining fees for groups or individual having circumstances uncommon to those in the fee structure criteria. In these cases, the City Council or City Manager will approve those requests.

Requests for a variance shall be submitted in writing to the City Manager 30 days prior to the date of promotion."
DISCUSSION:

The City Council has the discretion to approve or deny the waiving of fees for facility use. Staff has identified three (3) options for City Council consideration:

1. Allow the Pacific Coast Khalsa Diwan Society Sikh Temple, Inc to use Memorial Park and waive all fees.

2. Deny the waiving of fees.
1

3. Continue the item or provide alternative direction
FISCAL IMPACT:

Loss of fee revenue
ATTACHMENTS:

1. Resolution

2. Park Rental Request

3. City of Livingston Parks and Recreation Fee Policy

4. Fee Waiver Form

5. Insurance

6. Letter from organization

7. Proof of Non-Profit Status
2

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING

A FACILITY FEE WAIVER/REIMBURSEMENT REQUEST FROM PACIFIC COAST KHALSA DIWAN SOCIETY SIKH TEMPLE, INC. FOR THE USE OF CITY FACILITIES TOTALING $320
WHEREAS, the Pacific Coast Khalsa Diwan Society Sikh Temple, INC has requested the use of City Facilities; and
WHEREAS, the City Council finds that this request provides a public benefit to the community, that the amount of this request is de minimis in nature; and NOW, THEREFORE, BE IT RESOLVED, that the Council finds there is a public benefit provided by the Pacific Coast Khalsa Diwan Society Sikh Temple, Inc. for the Teeyan Da Mela event. This annual event is a cultural celebration and provides opportunities for music, food, dance and drinks, to the community of Livingston and surrounding areas. The City Council of the City of Livingston does hereby authorize waiving facility fees for the use of City Facilities in the amount of $320.

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 3rd day of September 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
0!424.0001/1012274. I
By: __________ _
Jose A. Moran, Mayor
Of City of Livingston

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7. nu, 1<11c1V<llion l>t:panmc nl J'f 'St!J I '( '\ Ill(' 'j~/1( 11) ~lriji (IC{frillt.·J l,) vds.' I /!le. tlitie., i( tII uilul1lt a11d IJl"t.l~J,'fHn.'. n,.:111<·, ,hu/1 11,,1 ,,ttblet l (.H I\ (lfl111l b,;r,J.,iu,; IV 1.lll\ otlwr party ll('lll<'r mu,·t ha\·t• a co;~, 1)/11 tHI' (JPnml in thPi,· p o n:r num d11nn~~ rn·,~11I1fim1 ho,o \ l11sur:1ncc: lnsurnm:c will he rcqwrcd for n11 fu11dn11si11g events am! all cwnts that arc op,•n u, 1hc pu lie fil lh:H l1;n,c an anudpalt.:J alli;ndance of ,iwr 500 people {whether publ1t: ,,r (>flVJtc). fnmmncc may b~ prnvi<lc<l by n pnvate ~mncr in the form of a crtilicatc of[u, umncc. Pnmf of iusumn.,;,; 11111,L b~ pn.widcd al l~nst 1hirty ,30) \VtHk1ng <lays prior to an event o r lhc cvcrtt 1,; subJL>t:I to ca11cdbti(1i1 Policy rnw,t Malt.: the lillluwu1g. Thi~ m~u1~111i... \.' polky wi ll not I~ ,.;, ,11 1t,;dkd wi \ht,ul \hat y (30) day~ p1fo1 w1·itt,;11 notic<? lo ti,.., City <•f I 1vingsto11. Th<! C ity or l.1\'i 11g,to11 is n<>t liabk ti.•r llw paym~nt nf any rn:n11um n r " '~''""" ' nl, on this po licy The ri1y ,,I' Liv,ni:ston Is muncd :rs 11dditionally insured Name :.111d dmc(s) ol' cvc11I~ br111~ co,cr<!J GENERAL LIABILITY: Poli~y ~ll(Jwi ng limit~ or -1 ,000.000 comprchtm,v..:
general liability insurnncc, and $50,000 d~mngc to propLity PR DUCTS I.IABII.ITY I ' ·uRA 'CE ENDORSEMENT (Food or bevcmge sold (>r given away).HO T L14uor L1ab1l1ly l:ndorscmcnt Liquor L1ab1lny lnsumncc Endnrsemcnl (Aleoholi~ ocve1~1gc sold or giv<.11 away1. l',•nnits 11 n d Licenses, Pcn11its 1,nd Liccn~<!S should be t> ht~i nc<I '.l0 d,\y~ prior tn ~vents Hc<1 l1h l'c'fmil (Fo,,d. b~vc ra~c t> r co111mnJ1ty ,;old to the p11bbc) M ' recd ((lullty Health Dc1>,11tment. Saks Pctmn ( Any co11unoditv so ld to the put,lk ). Stale Board ur Ec111nli 1.at1nn. Liquor License I Alcoholic Beverages Sold) Al3C Com111 i,si,J11, L1vings11m 8usi11c.ss Liccn,c (Conducllng busincs, w1thih Ci ty l.11111I~1 Evmt/Dancc1,\ kohol l'cnml L1v111gMor1 Polite [kparuncnl Thi, rcmut l\.'<lt11 re~ security ;u cvcnl ol 50 or IilOl'c. ll ~tconty cam\OI be obtmncd c cnt cann t ll'~ hdd.

Othc,- ('ondilion~:: A uump,ic, l-.cy Jll I if dpplicnblc n key to the Ek c1 11~ Oo, ,ind w,,tcr kc) must be pick..:d up rndny prio r lo your , •ntnl. If 1h ~ kC)' is not pid,cd up and 1lw Mcall IWN \lllld i, di,potch,•,I '!;70 w,11 ht• ,lrdur!cd linlll your dq~1,if There ,viii he ,1 $27 frc on ;ill r,:tumcd checks. Any :icl1vi11~, or special a!l'angcmcnl> no, ,pccilically ;1uthon1cd on your rcnrnl ,1grcc111cn •.rsc pcrnul .u'c pmhihited. Applicanls agree IO abide by all nrlcs .ir,d rcp1lal!u11s of lhi: fo ci liL}• lidd rcnlcd All fcc.s must be pn1d ,11 lhc tune thi.: n.-s1.:rvati1111 is mndc m a,lvancc .,f ._-vent. N(l gl,iss .:,,nlaincr allowed 111 any Park o r Recreatio n Facility. No vchicks a rc allowed 111 any Park l'ai:ilily Th~ dt11JljhlC1 mu.I ck, 1ri,; h1.1, 11111,1 bi! l(,,;kcd when y1>1.11 n.:111 ul •~ uvc, Key~ 11n1;1 he ,ctum~ 11,> City I lull the neM busruc,,, duy ,tilt:, the 1cnl:1l Dqx,~11s will he kept ,r f..cy~ arc not returned,
IIOLD ilAR,\'11 ,ESS ,\GIH:f.Ml~N'f - Tht appli1:..11111s ;rn aulhori~c•d agent of the gmup suhnutt.ing th,s tlppli~;Hion, The applic.inHand'llr l11sil1cr)mg;mw1tion makmg Lhisa pplictllltlll m1tlcrstand and agrcc to as,,mll' all 1isk lnr loss. (bmagc, liabrlily. in.1111 y. cos1 ,,r c:qx:nsc that may aris,• during or be cnuscd 111 any way hy such use or occup,mty of Ill(' filnlil11.:s of tile City of l.1vi11gM11ll. Thi.! ;1pplicanl fo11hc1 agree~ that In co11si<kn111on of hc1ng pcn111llcu to use ;,ml ta(llrllc,. 1-1 GS HI: A>l 0 TIIE GROUP WILi OEFFND. INDEMN ll'Y A 'sO HOLD Tl IE CITY or LI V(t-,,GSTON, RCCREATION OEPARTMCNT ANO Tll CJR 1\GE'sTS AND FM l'LOYEES HARM LE S FROM AN\' ! Ot;;<;, C'! AIMS ANO 1 l,\R ll ITV OR DAMA ;r:i;; AN I OR lls ll lR fF<; TO PERSOi\S AND PROPFRTY 1ha1 in any ,va) may be caused by the applicant's use or ucctrpancy 1>f !he focili11c,. To be rci 111hu"cd on any and all dcposn,, (he originul deposit rcccipl must bl' , ul11nitlcd to ity Hall aflcr the c,cnL Once ~11bmiltcd ached, will be nm ikd within JO ,fay~ from th.: day the 1cccIpI was submittnl. ks~ any damngc orckaning c,1,ts incum.:d as a rcsul1 ot your ,;v,·nt.

Date Rcquc,t Taken: y:

Rcqucst Dcnicd/rcasnn: ______ .

STAFF USE: Rcnwl fr.1te Lt1ggt.xl Booh/Con1pu1cr __
R.:mnl Rul0~ Given:

User Clas: Rcqu 'Sf Approved by:

Fee _______ D.:po;;it __ _
St,1ffConli11n1., I/ w-Copy: -··-
Copy to Public Works:

Co11lin11cd all l11fon11 atiu11 is (\,ne-: t.

Copy t<.> Renters:

City of Livingston
Fee Waiver Ap))lication
1416 C Street
Livingston, CA 95334
(209)394-8041 (fax - 209•394-4190)
'?f Fee Waiver for1-lc.1e:u.. '4Aa.:J ~~ l)--.)t:wJ ?ec-"':t.£1"i ~~~,'"l.'NC.·
--"".2-"::\o. -~ Amount of Wavier: _ .=w~~"-'------------- Address of Organization a7\.D:5 ?t::ALJ.:\ 0.-.:.E
Officers of Organization (list at least two)
JA:cl'l-& ~ -N\§n'BEJZ Name Position Ad
-1(\
Position Address
Non-Profit Number#
Phone¥
This application must include (incomplete applications will be returned to the applicant):
□ Completed Special Event Application
Proof of Current Non-Profit Status
CJ Request for amount of Fee Waiver from the organization on official letterhead Please note that fees which involve exclusive facilit use will be considered hut OT co.ts or direct costs from your event may not be considered.

THE DEADLINE TO SUBMIT A FEE WAIVER IS 30 DAYS PRIOR TO EVENT WITH THE COMPLIIEDSPECIAL EVENT APPLICATION.

I hereby certify that the organization or association ,s primarily.for civic betterment or youth activities and agre~ to c;umply m·/ct~v with the terms o.f any permit granted 10 it and to furnish any additional i11formatio11, including su.;h uther license and penmrs as are necessary under state law, upon request of the city administrator.

ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (~,MIDDNYYYJ ~ 08/29/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the poUcy, certain policies may require an endorsement. A statement on this certificate does not confer rights to tho certificate holder in Hou or such ondorsemont(s).

PROOl/C!aR ~:::l~~<-T Liz Pires, CISR
Winton Ireland Strom & Green m l;xtl, (209) 867-0995 [ tet No\: (209) 667-7142 License# 0596517 Aooiic.ss, [email protected]
P.O. Bo>: 3277 INSURER{S) AFFORDING COVERAGe NAICII
Turlock CA 95381 INSURER A: Hartford Undeiwrilers Ins. co, 30104 INSURED INSURERS:

Pacific Coast Khalsa Diwan INSURERC:

Society Sikh Temple Inc INSURER 0:
2765 Peach Avenue INSURER 11:

Livingston CA 95334 INSURERF:

COVERAGES CERTIFICATE NUMBER; 24-25 GL REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWiTHSTANOINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 01HER DOCUMENT WITH RESPECT TO IMJICl-l THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL Tl-IE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ltfJl , ... TYPE OF INSURANCE INSD VND POLICY NUMBER 1&W1>0~% ,1,;~&wm LIMl1'S X COMMERCIAL GENERAL LIABILITY F.ACll OCCU'!REIICE $ 1,000.000 - ~ ClAlMS-M/\OE [8] OCCUR - ~REM~J~e~~~~~encc1 s 1.000,000 MED EXP (Ar.y ono p.,...,. s 10,000 - A y 0411912024 04/1912025 PERSONAL &ADV lrJ.!IJRY s 1,000,000 -
~
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 PRO· □ PRODl!CTS -COMP/OP AGO $ 2,000,000 PIX ICY JECT LOC OTHER $
AUTOMOBILE UAOlLllY fg;:~~!~~SIN<.ill: LIi.iii s - ANY AUTO 00011.v INJunv 1~ o•••or•I t - OWNED - GCliEDULED BOOILV INJURY (Por IICC!<lonl) $
'-- AVTOSONLY - AUIOS
1-Ull!,O NON-OWNED PHOPEf! IY llA.\lAGE $ AUlOSONLY AUlOSONLY lPwaccidenl~ - - $
UMBRELLA LIAB HoccuR EACll OCCURRENCE $
- EKCESSUAB Cl.~IMS•MADE AGGREGATE s
OED I I RETENTION s $
WORKERS COMPENSATION I m\•ura I I on+

ANO EMPLOYERS' LIABILITY YIN ER
ANY PROPFU!:TOR/PARTNER/EXECUTIVE
□ NIA E I. EACH ACCIDE~,IT s OFFlCERIMEMBER EXCWDEO?
[MMdOIOl'\I In Nt-1) E.L. DISEASE· EA EMPLOYEE' :; U yes, des~flho undct DESCRIPTION OF OPER.\TlmlS bOl1># El. DISEASE· FOLICY l)MIT s DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES [ACORD 101, A<ldlllonal Ren,arkS Scllo~ulo, may bo attact1od If more spoce ;, ..,quired) Re: Women's Cultural Fest\val lo be held 011 9/1/2024 at Memorial Park. Main Street, Livingston, CA.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED JN City of Livingston ACCORDANCE WITH THE POLICY PROVISIONS. 1416 C Street

AUTHORIZED REPRESENTATIVE
Livingston CA 95334
I lll-ahkt1- © 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

Attachment- "Page 2 City of Livingston Parks and Recreation Fee Policy"

DIFFERENTIAL FEES AND FEE WAIVER
A differential in fees for special situations and groups may only be determined by the City Council or City Manager. Examples of special situations are as follows:

Special non-profit groups/organizations, schools or organizations providing a free service to the community identified by the Recreation Department may be granted special consideration in the form of reduced rates or free services.

Due to limited income, special rates may be determined for the use of a facility or participation in a Recreation sponsored program on a case by case basis.

VARIANCES
It is understood that on occasion special consideration may be needed in determining fees for groups or individual having circumstances uncommon to those in the fee structure criteria. In these cases, the City Council or City Manager will approve these requests. Requests for a variance shall be submitted in writing to the City Manager 30 days prior to the date of promotion.

DETERMINATION OF FEES FOR FACILITIES AND EQUIPMENT RENTALS Fees shall be charged according to the user group the renter is identified with. There are 4 classifications of user groups associated with the rental of facilities and equipment.

They are as follows:

Class I
Recreation or City sponsored or co-sponsored activities Class II
Resident non-profit organizations such as Community leagues (51 % verified residents) or service organizations, student organizations, Livingston Churches or schools conducting a community fundraiser for community purpose or benefit.

Class III
Individual residents or resident groups conducting classes, activities or parties. Private groups that have select memberships and/or specific intent, i.e. employee clubs, corporations, company picnics, family picnics and or reunions.

Class IV
Non Resident individuals or groups. (Not residing in the City of Livingston) Resident/Non-Resident Description
Must have a Livingston address or live within the Livingston School District boundaries to be considered a Livingston Resident.

Resident Team Description
Being sponsored by a Livingston company or business does not make a team a resident team. A resident team is made up of 51 % residents. Verification may take place in this way, player must provide a Livingston

address that can be verified through the city utility billing along with a copy of a current form ofid listing the same address. If they do not reside in the city limit but are in the Livingston School District or Livingston High School boundaries, a Current ID and a utility bill must be provided. Teams not providing this identification will automatically be categorized as a non-resident team.

PAC. IF ( c.. C,e>P,.f;t k If A LSA D ( C,,uA-N s OCIE. 7'1 SU<H TEJVl./>[._E UVt Na5TDNM. EM e:, E::~~ N A-ME:.. zp AD .Df2-'fi.. S s ·. ~ u-R. PAL -s . IC.A/ L-E 'I
HfrRJ3HAJA-N :5/NO:H
H&R.Jr N.DER.. ~- Db ..rL-:S1
NA CHH Aif/tf .. ~ .. NA-GM
MA--N'3"! T $. -sP-A
M A "J (YR. $ . fv1 fr N N
DALVll<.. ~- Cf1AH-AL
I< U L DE:: e.p <;: , S ffe>{::..EI<
J" AS WfrNT S'. SltNl/2.AN
SATfNJ)f:R Pltl S". SIDHU
H frR.NI t N.DE-R. 5 . T PrKH Af2..

RA-NJ(T .s rNGH
AMPrR.-:r CT ~- s 1.DtlU

021'163
OGDEN UT 84201-0038

PACIFIC COAST KHALSA DIWAN SOCIETY
2765 PEACH AVE
LIVINGSTON CA 95334-9483
Employer Identification Number:

Per~on tn Co11tact:

Toll Free Telephone Number:

Dear l*axpayer:

In reply refer to: 0437874131
Apr. 23, 2013 LTR 4168C 0
Sharon Dav~es
l-877-829-5500
BODC: TE
This is in response to your Apr. 12, 2013, request for information regarding your tax-exempt status.

Our records indicate that you were recognized as exen1pt under section 50llc)(03) of the Internal Revenue Code in a determination letter issued in September 1983.

Our records also indicate that you are not a private foundation within the nteaning of section 509(a) of tl)e Cu~e G~~dU~~ yuu ~r·e described in sectionlsl 509(alll) and 1701bl(ll(Alli).

Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055; 2106, and 2522 of the Code.

Please refer to our website www.irs.gov/eo for information regarding filing requirements. Specifically, section 60331jl of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file. We will publish a list of organizations whose tax-exempt status was revoked under section 6033Cj) of the Code on our website beginning in early 2011.

STAFF REPORT
AGENDA ITEM: Discussion and Direction Regarding “Over the Counter” Building Permit Applications Subject to the City of Livingston’s Current Water Supply Conditions

MEETING DATE: September 3, 2024
PREPARED BY: Anthony Chavarria, Public Works Director
Noe Martinez, City Engineer’s Office
Approved By: Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council discuss and provide direction regarding “over the counter” Building Permit Applications subject to the City of Livingston’s current Water Supply Conditions.

PREVIOUS COUNCIL DISCUSSION:

Council discussed a potential moratorium on building activity on January 16, 2024, to the City’s water conditions which was not adopted by the Council.

BACKGROUND AND DISCUSSION:

In November 2023, City staff completed an update to the City of Livingston’s Water System Capacity Assessment Study which demonstrated the City’s water supply was inadequate for meeting Maximum Day Demand (MDD) and Peak Hour Demand (PHD) conditions for planning purposes in accordance with the California Water Code (CWC) standards. Following the CWC standards, the Study assumed the City’s largest water well out of service for MDD and PHD conditions that resulted in the City’s Firm Source Capacity (total capacity minus largest well) in a deficit compared to the City’s historical MDD (greatest demand in last 10 years). Albeit a deficit, the shortage in firm capacity was a marginal negative (-) twenty-two (22) gallons per minute (GPM). Correspondingly, the PHD which is higher than MDD also created a deficit on the City’s firm capacity. It should be noted that the November 2023 Study results were based on the historical rated capacity for each active City well.

On April 30, 2024, Public Works staff provided actual capacities for some of the City wells based on current production records. This information resulted in a lower firm capacity and corresponding bigger deficit of -572 GPM when compared to the City’s historical MDD. Both the data from November 2023 and April 2024 demonstrate the City’s available water capacity for planning purposes is zero at this time.

The concerns with the current water supply restrictions are corroborated by the field observations from Public Works staff. On a Water/Wastewater Equipment Assessment prepared by the Public Works Director in April 2024, numerous concerns related to the recent water supply conditions are brought up including in part:
• Equipment failures for numerous active wells

• Strain on water system due to extended periods of full-on operation • Low water pressure complaints during peak summer months • Reduce output for certain wells that break suction during summer months due to high water demands.
• Equipment in need of repairs or upgrades
• 24-hr continuous monitoring of water SCADA for system breaks The California Water Board has also published an audit report for the City of Livingston’s Water System that highlights the City’s shortage in firm source capacity.

To this end, City staff has had numerous discussions dating back January/February 2024, for regulating new development given the City’s current water supply restrictions. Staff has also been planning and strategizing on implementing water projects that will enhance the City’s water supply at the earliest date possible. These projects will take some time to complete but, in the meantime, City staff will be required to field new development applications and specifically “over the counter” building permits.

City staff is seeking Council direction on their preferences for addressing the lack of available water for the Livingston community for over-the-counter building permit applications.

Two options are provided for discussion purposes that staff may be able to research and bring back for Council consideration:

1. Development of an ad-hoc comprised of staff that would make recommendations to the Building Official based on water demands for projects on a case-by-case basis.

2. Development of a water permit allocation system that would issue permits based on water system capacity availability.

FISCAL IMPACT
There would be no fiscal impact for this item.