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