Agenda packet — Livingston City Council, October 15, 2024 (part 1 of 2)

1 CITY COUNCIL SPECIAL AND REGULAR MEETING
AGENDA
OCTOBER 15, 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 October 1, 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).

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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

REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2024-67
Next Ordinance No.: 657
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

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3 Closed Session Announcement.

Changes to the Agenda.

SWEARING IN CEREMONY- POLICE CHIEF

1. Mayor Moran will administer the Oath of Office to Chief of Police Frederick Schiff.

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

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

Robert Wallis
• City Council Alternate Liaison - Livingston Planning Commission – Robert Wallis • Merced Integrated Regional Water Management Plan (MIRWMA) – Robert Wallis, Representative and Jason Roth, Alternate Representative.

Jason Roth
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Jason Roth, Representative and Gurpal Samra, Alternative.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Robert Wallis, Representative and Jason Roth, Alternate Representative. • Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Jason Roth.

Maria Soto
• Merced County Local Agency Formation Commission (LAFCO) – Maria Soto, Representative. • Central Valley Division League of California Cities – Maria Soto, Representative and Vacant, Alternate.

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4 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. City Treasurer’s Investment Report for the Month Ending August 31, 2024.

3. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on January 16, 2024.

4. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 6, 2024.

5. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 13, 2024.

6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 20, 2024.

7. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 27, 2024.

8. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 5, 2024.

9. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 19, 2024.

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5 10. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 2, 2024.

11. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 16, 2024.

12. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 7, 2024 (Regular Meeting).

13. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 7, 2024 (Joint Special Meeting).

14. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 21, 2024.

15. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 4, 2024.

16. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 10, 2024.

17. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 18, 2024.

18. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on July 2, 2024.

19. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on August 6, 2024.

20. Consideration of a Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in December due to the Thanksgiving Holiday. Staff Recommendation:

Approve Resolution.

21. Consideration of a Resolution (1) Approving a One (1) Year Professional Service Agreement with WGR Southwest, Inc. for FY 2024/2025 to Assist the City of Livingston with its Storm Water Compliance Program and Plan Review Services in the Amount Not to Exceed $51,762.0 and Authorizing the Interim City Manager to Execute all Required Documents. Staff Recommendation:

Approve Resolution.

22. Consideration of a Resolution (1) Approving a One (1) Year Professional Service Agreement with Holt of California to Perform Annual Level Two (2) PM Service, in the Amount not to Exceed $33,402.49, (2) Authorizing the Finance Department to Make Appropriation Budget Adjustments, and (3) Authorizing the Interim City Manager to Execute all Required Documents. Staff Recommendation: Approve Resolution.

23. Consideration of a Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement Between California Consulting, Inc., and the City of Livingston. Staff Recommendation: Approve Resolution.

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6 DISCUSSION AND POTENTIAL ACTION ITEMS

24. Discussion and Direction Regarding Potential Water System Consolidation Between the City of Livingston and Floyd A. Schelby Elementary School.

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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT

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AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

ELECTED OFFICIAL'S REPORT
Treasurer's Report: August 2024
October 15, 2024
Katherine Schell Rodriguez - Elected City Treasurer
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Receive and File Treasurer's Report for the month ending August 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 $43,670,045.08 and represents a 1.38% increase 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:

August 31, 2024, Treasurer's Report with signature

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TREASURER'S REPORT
Bank Statement Period Ending
Report Date
Meeting Date
Aug 31, 2024
Sept 24, 2024
Oct 1, 2024
The following cash and investment information pertains to the period ending per Bank Statements Average
Institution Acct#
State of California LAIF (Local Agency xx-xx-463 Investment Fund) Non Interest Bearing Items
Farmers & Merchants Bank xxxxxx5801
Farmers & Merchants Bank xxxxxx6601
Farmers & Merchants Bank xxxxxx8201
Subtotal F&M Bank
Total Cash & Investments
Notes
Investment Monthly
Type
Pooled
Operating Account
Payroll Account
Web Payments Account
Yeild %

4.579%
N/A
N/A
N/A
Subtotal
Totals
Balance
AUGUST
39,557,306.02
3,554,623.38
2,704.22
555,411.46
4,112,739.06
43,670,045.08
1) There are currently no Investments, In an Institution, with a Maturity Date, and/or a Maturity Date of 12 Months or More. The City's Portfolio consists of Non Interest Bearing Items in F&M Bank, and funds deposited with the State Local Investment Agency (LAIF) 2) Percentage Yield Rate from the LAI F Website "PMIA Average Monthly Yield" 3) The Average Daily Balance in F & M Bank for the month was $3,761,254.65 per statements Prepared By:

Katherine Schell-Rodriguez City Treasurer

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MEETING MINUTES

SPECIAL MEETING/REGULAR MEETING

LIVINGSTON CITY COUNCIL
JANUARY 16, 2024
A Special/Regular Meeting of the Livingston City Council was held on January 16, 2024, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:33 p.m.

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

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

CLOSED SESSION
Mayor Moran opened the meeting for public comments at 6:34 p.m. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matters:

6. Liability Claims (Gov. Code,§ 54956.95)
Claimant: Girish Saini
Agency claimed against: City of Livingston

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

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

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

CLOSED SESSION ANNOUNCEMENTS
City has settled the claim with Girish Saini for $1,601.76.

CHANGES TO THE AGENDA
Council Member Soto requested item 5 to be moved before consent and pull items 2 and 3 for discussion.

Motion: M/S Maria- Move item 5 to be moved before consent and pull items 2 and 3 for discussion.

Motion died due to a lack of a second.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:09 p.m.

Citizen Comments
Mario Mendoza
Julian Villafana Representative for the Office of Assemblywoman Esmeralda Osoria Citizen Comments via Teleconference
Camila Bali
Pedro (did not state last name)
Mayor Moran closed Citizen Comments at 7: 16 p.m. as there were no fmther comments from the public.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

No Report.

City Staff Announcements and Reports
• Jacquie Benoit, Recreation Superintendent - Recreation Department Update.

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City Manager Announcements and Reports
• Interim City Manager Christopher Lopez
City Council Members' Announcements and Reports
• Council Member Jatinder Mann
e Council Member Maria Soto
<> Mayor Pro-Tern Gurpal Samra
Mayor's Announcements and Reports.
• Mayor Jose Moran
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission - Jatinder Mann • Merced Integrated Regional Water Management Plan (MIR WMA) - Jatinder Mann, Representative and Jason Roth, Alternate Representative. • Central Valley Division League of California Cities-Maria Soto, Representative and Jatinder Mann, Alternate.

Jason Roth
• City Council Liaison - Livingston Planning Commission - Jason Roth • Special City Selection Committee of the San Joaquin Valley Air Pollution Control BoardJason Roth, Representative and Gnrpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIRWMA)-Jatinder Mann, Representative and Jason Roth, Alternate Representative.

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

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gurpal Samra, Representative and Jason Roth, Alternate.

Jose Moran
• Merced County Association of Governments (MCAG) Governing Board - Jose Moran, Representative and Gurpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission - Jose Moran. • Utility Stakeholders Committee-Jose Moran and Gurpal Samra.

CONSENT AGENDA
I. Consideration of a Resolution Accepting Completion for the 2023 Slurry Seals Project, Authorizing the City Clerk to File a Notice of Completion with Merced County, and Authorizing the Interim City Manager to Make Final Payment of Retention Monies to Pavement Coatings Co.

Staff Recommendation: Approve Resolution.

Council Member Soto asked who is responsible for filing Notice of Completion when the City Clerk is away.

Interim City Manager Christopher Lopez responded to Council Member Soto's question.

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2. Consideration of a Resolution to Accept BID and Award a Contract to TBS Contractors for the I Street Waterline Replacement Project and Authorizing the Interim City Manager to Execute the Agreement. Staff Recommendation: Approve Resolution.

Council Member Soto asked about labor costs.

City Engineer Mario Gouveia responded to Council Member Soto's questions.

Mayor Moran opened and closed public comment at 7:48 p.m. as there were no comments from the public.

Motion: M/S Samra/Soto to approve the consent agenda items 1 and 2. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Roth, Mann, Soto, Samra, and Moran.

None
None

3. Consideration of a Resolution 1) Awarding a Purchase Order to PAC Machine Company for Replacement of One 25 HP Submersible Pump at the Arakelian Storm Pump Station; and 2) Approve a Supplemental Appropriation for the Sewer Enterprise Fund in the Amount of $31,786.25; and 3) Authorize the Interim City Manager to Execute and Issue the Purchase Order to PAC Machine Company in the Amount Not to Exceed $31,786.25. Staff Recommendation:

Approve Resolution.

Council Member Soto asked about a pump's life expectancy and when Public Works will get the pump.

Public Works Director Anthony Chavarria responded to Council Member Soto's questions.

Clerk's Note: Mayor Pro-Tern Samra recused himself due to a conflict of interest. He lives close to the project. He left the Council Chambers at 7:49 p.m. before this item was discussed.

Mayor Moran opened and closed public comments at 7:50 p.m. as there were no comments from the public.

Motion: M/S Roth/Mann to approve the consent agenda item 3. The motion carried 4-0-0-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

Roth, Mann, Soto, and Moran.

None
None
Samra
Clerk's Note: Mayor Pro-Tern Samra returned after action was taken at 7:51 p.m.

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PUBLIC HEARINGS

4. Consideration ofa Resolution Annexing of Territory to a Community Facilities District, Authorizing the Levy of Special Taxe, and Submitting Levy of Tax to Qualified Electors, City of Livingston Community Facilities District No. 2017-1 (Public Services) Annexation No. 3 and Resolution Declaring Results ofa Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien, City of Livingston Community Facilities District No. 2017-1 (Public Services) Annexation No. 3. Open the Public Hearing, Close the Public Hearing and Approve the Resolutions as Presented.

Susana Hernandez from Willdan Financial Services presented this item and responded to Council questions.

Interim City Manager Christopher Lopez and Planning Director Gary Conte responded to Council questions.

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

Deputy City Clerk Monica Cisneros noted that three (3) ballots were received, with three (3) votes cast in favor of the ballot measure and zero votes cast in opposition to it.

Mayor Moran reopened the public hearing at 8: 13 p.m. as there were no comments from the public.

Motion: M/S Samra/Roth to approve Resolution Annexing of Territory to a Community Facilities District, Authorizing the Levy of Special Taxe, and Submitting Levy of Tax to Qualified Electors, City of Livingston Community Facilities District No. 2017-1 (Public Services) Annexation No. 3 and Resolution Declaring Results of a Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien, City of Livingston Community Facilities District No. 2017-1 (Public Services) Annexation No. 3. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Roth, Mann, Soto, Samra, and Moran.

None
None

5. Consideration ofan Interim Urgency Ordinance Establishing a Forty-Five (45) day Moratorium on the Issuance of any New Permit for Any New Developments, Projects, Additional, and/or construction Requiring the Use of City Supplied Potable Water. Waive the Reading of the Interim Urgency Ordinance and Adopt Ordinance by Title Only, Open the Public Hearing, Close the Public Hearing and Approve the Ordinance as Presented.

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

City Staff responded to Council questions.

Mayor Moran opened public comments at 8:40 p.m.

Citizen Comments
Diego Castillo

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Blaine Yagi
Mayor Moran closed public comments at 8:45 p.m. as there were no further comments from the public.

Motion: M/S Moran - Approve an Interim Urgency Ordinance Establishing a Forty-Five ( 45) day Moratorium on the Issuance of any New Permit for Any New Developments, Projects, Additional, and/or construction Requiring the Use of City Supplied Potable Water. Waive the Reading of the Interim Urgency Ordinance and Adopt Ordinance by Title Only, Open the Public Hearing, Close the Public Hearing and Approve the Ordinance as Presented. Motion died due to the lack of a second.

DISCUSSION AND POTENTIAL ACTION ITEMS

6. Discussion and Direction Regarding Resident Concerns about Council Member Maria Soto's Residency.

Mayor Moran introduced this item.

Mayor Moran opened public comments at 9:45 p.m.

Citizen Comments
Tilly Fennessey
Mayor Moran closed public comments at 9:47 p.m. as there were no further comments from the public.

Council Member Soto confinned that she lives in the City of Livingston.

Mayor Moran recommended that any concerns in the future should be addressed to the City Attorney or other agencies.

Mayor Pro-Tern Samra suggested that all Council Members provide their address to the City Attorney.

7. Selection of Committee Members for the 4'" of July Standing Committee.

Interim City Manager introduced this item.

Mayor Moran opened and closed public comments at I 0:07 p.m. as there were no comments from the public.

Council Member Soto volunteered to be pa1t of the standing committee.

Council Member Mann volunteered to be part of the standing committee.

Motion: M/S Samra/Roth to appoint Council Member Soto and Council Member Mann to be members of the 4th of July Standing Committee. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

Roth, Mann, Soto, Samra, and Moran.

None

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ABSENT: Council Members: None

8. Discussion and Adoption of the Merced County Association of Governments (MCAG) 2024 One Priorities for the City of Livingston.

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

Mayor Moran opened and closed public comments at I 0:24 p.m. as there were no comments from the public.

Motion: M/S Council Member Soto to list the priorities as 3, 2, and I.

Council Member Soto amended her motion.

Motion: M/S Council Member Soto to list the priorities as combining priority 3 and priority I into priority I (which will include the Rec-plex funding within the infrastructure projects) and priority 2.

Council Member Soto re-amended her motion.

Motion: M/S Council Member Soto to take priorities number 3, 2, and priority number I can be at the discretion of the delegates and lobbyists.

Motion: M/S Council Member Roth to list the priorities as 3, I, and 2 Council Member Soto rescinded her motion.

Motion: M/S Moran/Samra for priorities to be numbers 3, I, and 2. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Roth, Mann, Soto, Samra, and Moran
None
None

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

ADJOURNMENT
The meeting was adjourned by consensus at approximately I 0:35 p.m.

City Clerk of the City of Livingston
APPROVED:

Mayor or Mayor Pro Tempore

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The written meeting minutes reflect a summa,y [![,1pecific actions taken by the City Council, They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an {!/ficial record of the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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MEETING MINUTES

AMENDED

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
FEBRUARY 6, 2024
A Special/Regular Meeting of the Livingston City Council was held on February 6, 2024, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:31 p.m.

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

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

CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 6:33 p.m. as there were no comments from the public.

Council Member Soto asked that the closed session be set at a consistent time.

The City Attorney explained the process of a special meeting and regular meeting.

There was a brief discussion between Council and staff on why the second closed session item was put at the end of the meeting.

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CLOSED SESSION

6. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Christopher Lopez, Interim City Manager Employee Organizations:

OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees Association.

OE3 - Management/Confidential Bargaining Unit
OE3 - Livingston Police Officer Association
AFSCME- Public Works and Park Unit

REGULAR MEETING
Mayor Moran called the meeting to order at 7: 12 p.m.

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

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

CLOSED SESSION ANNOUNCEMENTS
None.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 7: 13 p.m. as there were no comments from the public.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

No Report.

City Staff Announcements and Reports.
• John Ramirez, Acting Chief of Police - Police Department Update.

City Manager Announcements and Repo11s.
• Interim City Manager Christopher Lopez

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City Council Members' Announcements and Reports.
• Council Member Jatinder Mann
• Council Member Jason Roth
• Council Member Maria Soto
• Mayor Pro-Tem Gurpal Samra
Mayor's Announcements and Reports.
• Mayor Jose Moran
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission -Jatinder Mann • Merced Integrated Regional Water Management Plan (MIR WMA) - Jatinder Mann, Representative and Jason Roth, Alternate Representative. • Central Valley Division League of California Cities - Maria Soto, Representative and Jatinder Mann, Alternate.

Jason Roth
• City Council Liaison - Livingston Planning Commission - Jason Roth • Special City Selection Committee of the San Joaquin Valley Air Pollution Control BoardJason Roth, Representative and Gnrpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIR WMA) - Jatinder Mann, Representative and Jason Roth, Alternate Representative.

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

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gurpal Samra, Representative and Jason Roth, Alternate.

CONSENT AGENDA
I. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated January 18, 2024.

2. City Treasurer's Investment Report for the Month Ending December 31, 2023.

3. Consideration of a Resolution Accepting a Bid from PAC Machine Company for the Supply of a Portable 6-inch Pump. Staff Recommendation: Approve Resolution.

4. Consideration of a Resolution Authorizing Submittal oflndividual Grant Applications and Payment Requests to Cal Recycle for All Grant Programs and Payment Programs for which the

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City of Livingston is Eligible and Authorizing the Interim City Manager to Execute all Required Documents. Staff Recommendation: Approve Resolution.

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

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

AYES:

NOES:

ABSENT:

Council Members:

Roth, Mann, Soto, Samra, and Moran.

None
None

DISCUSSION AND POTENTIAL ACTION ITEMS

5. Consideration of a Resolution Authorizing the Interim City Manager to Execute an Agreement with Public Opinion Strategies for Polling Research Regarding a Potential Livingston Sales Tax Measure. Staff Recommendation: Approve Resolution.

Interim City Manager Christopher Lopez introduced this item.

Mayor Moran opened public comments at 8:29 p.m.

Public Comments:

Bob Wallis
Mayor Moran closed public comments at 8:31 p.m. as there were no further comments from the public.

Motion: M/S Samra/Roth to approve the Resolution Authorizing the Interim City Manager to Execute an Agreement with Public Opinion Strategies for Polling Research Regarding a Potential Livingston Sales Tax Measure. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Roth, Mann, Soto, Samra, and Moran.

None
None

6. Discussion and Direction Regarding Home Occupation Permits.

Interim City Manager Christopher Lopez introduced this item.

Mayor Moran opened and closed public comments at 8:56 p.m. as there were no comments from the public.

The council recommended Legal and Interim City Manager Lopez to look into the item and bring back recommendations. The council also recommended staff to inquire with other public agencies about what they do and what has worked for them.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
• Bring back an item on the restrooms at Memorial Park to get refurbished. • Bring back an item for discussion regarding city building on Walnut and all city facilities.

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• Discussion regarding Centennial Plaque to put on display outside the Council Chambers. • Be more proactive in attending water meetings.

CLOSED SESSION

7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Interim City Manager
Pursuant to Government Code Section 54957
Mayor Moran opened and closed public comment at 9:04 p.m. as there were no comments from the public.

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

ADJOURNMENT
The meeting was adjourned by consensus at approximately I 0:05 p.m.

Deputy City Clerk of the City of Livingston
APPROVED:

Mayor or Mayor ProTempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
FEBRUARY 13, 2024
A Special Meeting of the Livingston City Council was held on February 13, 2024, in the Council of Chambers, with Mayor Moran presiding.

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

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

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

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 6:04 p.m. as there were no comments from the public.

CLOSED SESSION
I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Interim City Manager
Pursuant to Government Code Section 54957

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CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

ADJOURNMENT
The special meeting was adjourned by consensus at 9:10 p.m.

City Clerk of the City of Livingston
APPROVED:

Mayor or Mayor ProTempore
The written meeting minutes reflect a summary qf specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting's proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.

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MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
FEBRUARY 20, 2024
A Regular Meeting of the Livingston City Council was held on February 20, 2024, in the City Council Chambers with Mayor Moran presiding.

REGULAR MEETING
Mayor Moran called the meeting to order at 7:00 p.rn.

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

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

CLOSED SESSIONANNOUNCEMENTS
There was no reportable action taken on the last closed session meeting ( of 2-13-2024).

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7: 11 p.rn.

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Citizen Comments:

Carmen Fuentes Gutierrez
Attendee (did not state name)
Rodrigo Espinoza
Attendee (did not state name)
Mayor Moran closed Citizen Comments at 7:20 p.m. as there were no further comments from the public.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

Merced County Supervisor Espinoza gave a report.

City Staff Announcements and Reports.
• Anthony Chavarria, Public Works Director and Tony Avina, Public Works Superintendent presented a PowerPoint Presentation - Public Works Department Update City Manager Announcements and Reports.
• Interim City Manager Christopher Lopez -PowerPoint Presentation regarding Master Tax Sharing Agreement and Development Updates.

City staff responded to council questions.

City Council Members' Announcements and Reports.
• Council Member Jatinder Mann
• Council Member Maria Soto
Mayor's Announcements and Reports.
• Mayor Jose Moran
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission -Jatinder Mann • Merced Integrated Regional Water Management Plan (MIRWMA) -Jatinder Mann, Representative and Jason Roth, Alternate Representative. • Central Valley Division League of California Cities - Maria Soto, Representative and Jatinder Mann, Alternate.

Jason Roth
• City Council Liaison - Livingston Planning Commission - Jason Roth • Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board - Jason Roth, Representative and Gurpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIRWMA)-Jatinder Mann, Representative and Jason Roth, Alternate Representative.

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

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Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gurpal Samra, Representative and Jason Roth, Alternate.

CONSENT AGENDA
I. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated February 15, 2024.

2. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 28, 2023.

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

4. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 21, 2023.

5. Consideration of a Resolution Formalizing the Sister City Partnership Between the City of Churintzio, Michoacan, Mexico and the City of Livingston, California, United States of America.

Staff Recommendation: Approve Resolution.

Mayor Moran opened and closed public comments at 8:40 p.m. as there were no comments from the public.

Motion: MIS Mann/Moran to approve the consent agenda. The motion carried 3-0-2 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Mann, Soto, and Moran.

None
Roth and Samra.

DISCUSSION AND POTENTIAL ACTION ITEMS

6. Consideration ofa Resolution Approving a Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Waste Collection Services Between the City of Livingston and Gilton Solid Waste Management, Inc. Staff Recommendation: Approve Resolution.

Gilton Solid Waste requested this item be pulled since they are seeking clarity from the Regional Waste Authority. Item will be brought back in a future meeting.

7. Consideration of a Resolution Approving Appropriations and Amending the Fiscal Year 2023/2024 Budget and Budgeted Positions List. Staff Recommendation: Approve Resolution.

Acting Finance Director Happy Bains gave a PowerPoint Presentation on the Fiscal Year 2023/2024 Budget.

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City Staff responded to Council's regarding flock system, turf placement, roof replacement on Hammatt Hall and Alvernaz shed, walking path for Max Foster, Mayor Moran opened and closed public comments at 9: IO p.m. as there were no comments from the public.

Motion: M/S Moran/Mann to approve Resolution 2024-10, Approving Appropriations and Amending the Fiscal Year 2023/2024 Budget and Budgeted Positions List. The motion carried 3- 0-2 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Mann, Soto, and Moran.

None
Roth and Samra.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
• Update on past 2 Closed Sessions cases.
• Revisit discussion for 4th of July Event.
• Update on municipal codes updates.
• Survey for citizens for elected positions of City Clerk and City Treasurer.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9: 17 p.m.

City Clerk of the City of Livingston
APPROVED:

Mayor or Mayor Pro Tempore
The written meeting minutes r~flect a summary of.1vec/fic actions taken by the City Council. They do not necessarily r~flect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record ~f the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
FEBRUARY 27, 2024
A Special Meeting of the Livingston City Council was held on February 27, 2024, in the Council of Chambers, with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 8:38 p.m.

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

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

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 8:40 p.m. as there were no comments from the public.

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

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CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

ADJOURNMENT
The special meeting was adjourned by consensus at 10: I 2 p.m.

City Clerk of the City of Livingston
APPROVED:

Mayor or Mayor Pro Tern pore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all qfthe comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting's proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL
MARCH 5, 2024
A Regular Meeting of the Livingston City Council was held on March 5, 2024, in the City Council Chambers with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 6:33 p.m.

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

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

6. Liability Claims (Gov. Code, § 54956.95)
Claimant: Rocio Avila
Agency claimed against: City of Livingston

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7. Liability Claims (Gov. Code, § 54956.95)
Claimant: Maria I. Arevalo
Agency claimed against: City of Livingston

REGULAR MEETING
Mayor Moran called the meeting to order at 7:01 p.m.

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

ROLL CALL
1:8:1 Mayor Jose A. Moran
0 Mayor Pro Tem Gurpal Samra (Absent)
1:8:1 Council Member Maria Baptista-Soto
0 Council Member Jason Roth (Absent)
1:8:1 Council Member Jatinder Mann

CLOSED SESSION ANNOUNCEMENTS
Items 6 and 7 were denied by the city.

CHANGES TO THE AGENDA
Council Member Mann requested Item 5 be pulled from the agenda since two Council Members are not in attendance.

Motion: MIS Mann/Moran to continue Item 5 to the next regular meeting. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Mann, Soto, and Moran.

None
Roth and Samra.

Interim City Manager Christopher Lopez asked for Item 3 to be pulled from the agenda.

Mayor Moran requested Item 2 be pulled for a separate discussion.

CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 7:07 p.m. as there were no comments from the public.

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ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Repo1ts.

No Report.

City Staff Announcements and Reports
• Gary Conte, Community Development Director- Planning Department Update.

City Manager Announcements and Reports
• Interim City Manager Christopher Lopez
City Council Members' Announcements and Reports
• Council Member Jatinder Mann
Mayor's Announcements and Reports.
• Mayor Jose Moran
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission -Jatinder Mann • Merced Integrated Regional Water Management Plan (MIR WMA) - Jatinder Mann, Representative and Jason Roth, Alternate Representative. • Central Valley Division League of California Cities - Maria Soto, Representative and Jatinder Mann, Alternate.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gurpal Samra, Representative and Jason Roth, Alternate.

CONSENT AGENDA
I. City Treasurer's Investment Report for the Month Ending January 31, 2024.

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Mayor Moran opened and closed public comments at 7:32 p.m. as there were no comments from the public.

Motion: M/S Moran/Mann to approve item 1 of the consent agenda. The motion carried 3-0-2 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Mann, Soto, and Moran.

None
Roth and Samra.

2. Consideration of a Resolution Authorizing the Submittal of an Application to the California State Department of Housing and Community Development for Funding Under the Home Investment Partnerships Program. Staff Recommendation: Approve Resolution.

Item 2 was pulled for further discussion by Mayor Moran.

Mayor Moran went through questions that were asked and answered by Self-Help.

City Attorney Roy Santos reported that the resolution was changed, and the updated was in the back of the room and provided to the council.

Heather Mendonca from Self Help responded to Mayor Moran's questions regarding the 55-year deferred loan.

City Attorney Roy Santos went through the changes that were done to the resolution.

Mayor Moran opened and closed public comments at 7:48 p.m. as there were no comments from the public.

Motion: M/S Moran/Mann to approve the updated Resolution No. 2024-11, Authorizing the Submittal of an Application to the California State Department of Housing and Community Development for Funding Under the Home Investment Partnerships Program. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Mann, Soto, and Moran.

None
Roth and Samra.

3. Consideration ofa Resolution Authoring the Interim City Manager to Execute a Professional Service Agreement Between the City of Livingston and Andrea Caro, Circus Royal Spectacular as a Circus Entertainment and Concessions Provider. Staff Recommendation: Approve Resolution.

Item 3 was pulled by Interim City Manager Christopher Lopez. He requested the item not to be discussed due to a conflict with previously approved agreement with another vendor.

DISCUSSION AND POTENTIAL ACTION ITEMS

4. Consideration and Direction to Prepare a Request for Proposals Regarding the Selection of a Firm or Recruiter to Conduct the Recruitment of a Permanent City Manager. Staff Recommendation:

Direct Ms. Cruz, Human Resources Coordinator, and the City Attorney's Office to Prepare a

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Request for Proposals Regarding the Selection of a Firm or Recruiter to Conduct the Recruitment of a Permanent City Manager.

City Attorney Roy Santos introduced this item and responded to Council questions.

Mayor Moran opened and closed public comments at 7:55 p.m. as there were no comments from the public.

Clerk's Note: The City Council took a break at 7:56 p.m. and returned at 7:59 p.m.

Motion: M/S Moran/Mann to prepare a Request for Proposals regarding the selection of a firm or recruiter to conduct the recruitment of a permanent City Manager. Also, to bring back the Request for Proposal to the council for approval.

Mayor Moran pulled his first motion on moving forward with the Request for Proposals.

Motion: M/S Moran/Mann to continue item 4 to the second meeting in March. The motion failed due to a vote of2-l-2 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Mann and Moran.

Soto
Roth and Samra.

6. Discussion and Direction Regarding the 4th of July Standing Committee Recommendation Including the Following: Changing to an Ad-Hoc Committee, Overall Budget, and the Schedule of Events for the 4th of July Event.

Interim City Manager Christopher Lopez introduced this item.

There was a discussion between Council and staff regarding the 4th of July Event costs, how the committee will be held, and ticket sales.

Mayor Moran opened and closed public comments at 8:27 p.m. as there were no comments from the public.

Motion: M/S Mann/Soto to change the 4th of July Standing Committee to an Ad-Hoc Committee with an end date of August 4, 2024, and the scope is to assemble and put together the 4th of July Celebration that will expand from Thursday July 4th through Sunday, July 7th The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Mann, Soto, and Moran.

None
Roth and Samra.

Cost estimate for various components
All council members agreed to get more details regarding the Police Department and Public Works involvement and getting specific line-item costs for the various components.

5. Discussion and Direction Regarding Whether to Commence the Process for Establishing Term Limits for City Council Members.

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Motion: M/S Mann/Moran to continue Item 5 to the next regular meeting. The motion carried 3- 0-2 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Mann, Soto, and Moran.

None
Roth and Samra.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:

Council Member Soto would like to see a job offer to Interim City Manager for a full-time position at the next meeting.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:47 p.m.

City Clerk of the City of Livingston
APPROVED:

Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all qfthe comments or dialogue leading up to the action. All meetings are digitally recorded and are an qfficia/ record qf the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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MEETING MINUTES

SPCIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
MARCH 19, 2024
A Special and Regular Meeting of the Livingston City Council was held on March 19, 2024, in the City Council Chambers with Mayor Moran presiding.

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

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

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

CLOSED SESSION
Mayor Moran opened the meeting for public comments at 6:06 p.m. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matters:

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

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7. Conference with Legal Counsel - Existing Litigation
Paragraph (I) of subdivision (d) of Section 54956.9 of the Government Code Name of Case: Jose Ramirez v. City of Livingston, et al., Superior Court of the State of California, County of Merced, Case No. 22CV-0082

8. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
Pursuant to Government Code Section 54957

REGULAR MEETING
Mayor Moran called the meeting to order at 7: 13 p.m.

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

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

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7: 15 p.m.

Citizen Comments
Bob Wallis
Rodrigo Espinoza
Carmen Fuentes Gutierrez
Cecilia (did not state last name)
Monica Martinez
Floripa (did not state last name)
Margarita Garcia
Cristal Gutierrez
Mayor Moran closed Citizen Comments at 7:34 p.m. as there were no further comments from the public.

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

City Staff Announcements and Reports
No Report.

City Manager Announcements and Reports
• Christopher Lopez, Interim City Manager - Fiscal Year 2024/2025 Budget Update.

Happy Bains added information to the Interim City Manager's budget update.

City Council Members' Announcements and Reports
• Council Member Jatinder Mann
• Council Member Jason Roth
• Council Member Maria Soto
• Mayor Pro-Tem Gurpal Samra
Mayor's Announcements and Reports.
• Mayor Jose Moran
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission - Jatinder Mann • Merced Integrated Regional Water Management Plan (MIR WMA) - Jatinder Mann, Representative and Jason Roth, Alternate Representative. • Central Valley Division League of California Cities-Maria Soto, Representative and Jatinder Mann, Alternate.

Jason Roth
• City Council Liaison - Livingston Planning Commission - Jason Roth • Special City Selection Committee of the San Joaquin Valley Air Pollution Control BoardJason Roth, Representative and Gurpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIR WMA) - Jatinder Mann, Representative and Jason Roth, Alternate Representative.

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

Gnrpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gurpal Samra, Representative and Jason Roth, Alternate.

Jose Moran
• Merced County Association of Governments (MCAG) Governing Board - Jose Moran, Representative and Gurpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission -Jose Moran. • Utility Stakeholders Committee - Jose Moran and Gnrpal Samra.

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RECEIVE AND FILE
I. Annual Comprehensive Financial Report for Fiscal Year 2021-2022 and Presentation by James Butera, CPA, Senior Manager.

CONSENT AGENDA

2. RA Tl FY CHECK WARRANTS
Ratify Warrant Register Dated March 14, 2024.

4. Consideration of a Resolution Approving A Professional Service Agreement with Lance, Soll & Lunghard (LSL), LLP Consulting. Staff Recommendation: Approve Resolution.

Mayor Moran opened and closed public comments at 8:09 p.m. as there were no comments from the public.

Motion: M/S Samra/Roth to approve the consent agenda items 2 and 4. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Roth, Mann, Soto, Samra, and Moran.

None
None

3. Consideration of a Resolution Authoring the Interim City Manager to Execute a Professional Service Agreement Between the City of Livingston and Andrea Caro, Circus Royal Spectacular as a Circus Entertainment and Concessions Provider. Staff Recommendation: Approve Resolution.

Council Member Soto asked questions regarding ticket sales and the scope of service.

Recreation Superintendent Benoit responded to Council Member Soto's questions.

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

Motion: M/S Moran/Samra to approve Resolution 2024-13, Authoring the Interim City Manager to Execute a Professional Service Agreement Between the City of Livingston and Andrea Caro, Circus Royal Spectacular as a Circus Entertainment and Concessions Provider. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Roth, Mann, Soto, Samra, and Moran.

None
None

DISCUSSION AND POTENTIAL ACTION ITEMS

5. Consideration of a Resolution Approving a Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Waste Collection Services Between the City of Livingston and Gilton Solid Waste Management, Inc. Staff Recommendation: Approve Resolution.

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

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The following staff and attendees responded to Council questions:
• Samantha Gilton
• Director of the Merced County Regional Waste Authority, James Moore • Interim City Manager Christopher Lopez
• City Attorney Roy Santos
Mayor Moran opened public comments at 8:47 pm and closed public comments at 8:48pm as there were no public comments from the public.

Motion: M/S Moran/Samra to approve the Resolution 2024-14, Approving a Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Waste Collection Services Between the City of Livingston and Gilton Solid Waste Management, Inc. The motion carried 5- 0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Roth, Mann, Soto, Samra, and Moran.

None
None

6. Discussion and Direction Regarding Whether to Commence the Process for Establishing Term Limits for City Council Members.

Mayor Moran introduced this item.

Mayor Moran opened public comments at 8:59 p.m.

Public comments
Bob Wallis
Mayor Moran closed public comments at 9:01 p.m. as there were no further comments from the public.

Council gave direction to staff to prepare a ballot for the upcoming election and verify the timeline of when the ballot is due to see if the City can meet the deadline.

7. Discussion and Direction Regarding the Consideration of Allowing One Planning Commissioner to be Outside City Limits, but Within the Livingston Union School District.

Mayor Moran introduced this item.

Community Development Gary Conte responded to Council questions.

Mayor Moran opened public comments at 9: 11 p.m.

Public Comments
Bob Wallis
Mayor Moran closed public comments at 9: 12 p.m. as there were no further comments from the public.

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Motion: M/S Moran/Samra to direct staff to prepare an ordinance amendment or resolution allowing one Planning Commissioner to reside outside City Limits but within the Livingston Union School District. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Mann, Soto, Samra, and Moran.

None
None

8. Consideration and Direction to Prepare a Request for Proposals Regarding the Selection of a Firm or Recruiter to Conduct the Recruitment of a Permanent City Manager. Staff Recommendation:

Direct Ms. Cruz, Human Resources Coordinator, and the City Attorney's Office to Prepare a Request for Proposals Regarding the Selection of a Firm or Recruiter to Conduct the Recruitment of a Permanent City Manager.

City Attorney Roy Santos introduced this item and responded to council questions.

Mayor Moran opened and closed public comment at 9: 19 p.m. as there were no comments from the public.

Motion: M/S Samra/Moran to direct staff to move forward with bringing a Request for Proposal back to the council. The motion carried 4-1-0 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Mann, Samra, and Moran.

Soto
None

9. Discussion and Direction Regarding the Fireworks Ordinance and Possibly Changing the Administrative Penalty Fees.

Mayor Moran introduced this item.

Acting Chief of Police .John Ramirez responded to Council questions.

The council gave direction to bring back an amendment to the ordinance, amending the administrative fee to $1,000 per violation and changing the penalty from an infraction to a misdemeanor.

I 0. Discussion and Direction Regarding the 4th of .July Standing Committee Recommendation Including the Following: Overall Budget and the Schedule of Events for the 4th of July Event.

Interim City Manager Christopher Lopez introduced this item and responded to council questions. 4th of .July Committee Members Soto and Mann updated the council on the 4th of July Event budget and schedule and responded to Council questions.

Mayor Moran opened public comments at 9:57 p.m.

Public Comments
Bob Wallis
Carmen Fuentes Gutierrez

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Mayor Moran closed public comments at I 0:01 p.m. as there were no further comments from the public.

Mayor Moran reopened public comments at I 0:02 p.m.

Public Comments
Ashely ( did not state last name)
Mayor Moran closed public comment at I 0:03 p.m. as there were no further comments from the public.

Motion: M/S Roth/Samra to leave the schedule as it is laid out on the staff report. The motion carried 5-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Roth, Mann, Soto, Samra, and Moran.

None
None

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

ADJOURNMENT
The meeting was adjourned by consensus at approximately I 0: 17 p.m.

City Clerk of the City of Livingston
APPROVED:

Mayor or Mayor Pro Tempore
The written meeting minutes r~flect a summary ofspec/fic actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
APRIL 2, 2024
A Special and Regular Meeting of the Livingston City Council was held on April 2, 2024, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 5:36 p.rn.

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

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

EDUCATIONAL WORKSHOP
Mayor Moran opened and closed citizen comments at 5:37pm as there were no comments from the public.

6. Status on Current and Future Water Projects.

City Engineer Mario Gouveia and Nick Fontaine Introduced this item and responded to Council question. They gave a PowerPoint presentation on water supply update, water system capacity

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assessment, 1,2,3 - Trichloropropane (TCP) Progress, New wells, water line replacement, and project summary.

REGULAR MEETING
Mayor Moran called the meeting to order at 7: 18 p.m.

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

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

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7: 19 p.m.

Citizen Comments
Jim Pacheco
Mayor Moran closed Citizen Comments at 7:20 p.m. as there were no further comments from the public.

AW ARD, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Mayor Moran: Proclamation Recognizing Dolores Huerta Day.

Mayor Moran introduced this item. He presented a proclamation recognizing Dolores Huerta Day.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

No Report.

City Staff Announcements and Reports
No Report.

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City Manager Announcements and Reports
• Interim City Manager Christopher Lopez
City Council Members' Announcements and Reports
" Council Member Jason Roth
e Council Member Maria Soto
Motion: M/S Soto/Roth to reopen citizen comments. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Soto, and Moran.

None
Mann and Samra.

Mayor Moran reopened Citizen Comments at 7:28 p.m.

Citizen Comments
Attendee (did not state name)
Mayor Moran closed Citizen Comments at 7:32 p.m. as there were no further comments from the public.

Mayor's Announcements and Reports.
• Mayor Jose Moran
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission -Jatinder Mann • Merced Integrated Regional Water Management Plan (MIRWMA)-Jatinder Mann, Representative and Jason Roth, Alternate Representative. • Central Valley Division League of California Cities - Maria Soto, Representative and Jatinder Mann, Alternate.

Gnrpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gurpal Samra, Representative and Jason Roth, Alternate.

Jose Moran
• Merced County Association of Governments (MCAG) Governing Board - Jose Moran, Representative and Gurpal Samra, Alternate.

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

CONSENT AGENDA

2. City Treasurer's Investment Report for the Month Ending February 29, 2024.

3. Consideration of a Resolution Accepting Completion for the I Street Waterline Project, Authorizing the City Clerk to File a Notice of Completion with Merced County, and Authorizing the Interim City Manager to Make Final Payment of Retention Monies to TBS Contractors. Staff Recommendation: Approve Resolution.

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

Motion: M/S Roth/Moran to approve the consent agenda. The motion carried 3-0-2 by the following roll call vote:

AYES:

NOES:

ABSENT:

PUBLIC HEARINGS
Council Members:

Council Members:

Roth, Soto, and Moran.

None
Mann and Samra.

4. Consideration of an Ordinance of the City Council of the City of Livingston Repealing Chapter 3, Underground Utility Districts, of Title 9 and Replacing it with Chapter 3, Underground, Utilities, of Title 9 of the City of Livingston Municipal Code. Staff Recommendation: Waive the First Reading of the Ordinance by Title Only, Open the Public Hearing, Close the Public Hearing and Approve the Ordinance as Presented.

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

City Attorney Roy Santos and City Engineer Noe Martinez responded to Council questions.

Mayor Moran opened Public Hearing at 8:02 p.m. and closed Public Hearing at 8:03 p.m. as there were no comments from the public.

Motion: M/S Moran/Roth to approve Ordinance of the City Council of the City of Livingston Repealing Chapter 3, Underground Utility Districts, of Title 9 and Replacing it with Chapter 3, Underground, Utilities, of Title 9 of the City of Livingston Municipal Code. The motion carried 3-0-2 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Roth, Soto, and Moran.

None
Mann and Samra.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:

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• Water study for Foster Fanns and Emerald Textile.
• Remove the Supervisors name and only put County Supervisors Reports. • Report on Sister Cities next week.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:05 p.m.

City Clerk of the City of Livingston
APPROVED:

Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained al Livingston City Hall.

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MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
APRIL 16, 2024
A Special and Regular Meeting of the Livingston City Council was held on April 16, 2024, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:05 p.m.

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

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

CLOSED SESSION
Mayor Moran opened the meeting for public comments at 6:07 p.m. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matters:

6. Threat to public services or faci lities, pursuant to Government Code section 54957.

Consultation with: City Attorney

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

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

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

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

CHANGES TO THE AGENDA
Motion: M/S Samra/Soto to move items 1-4 before citizen comments and item 13 after the presentations. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Soto, Samra and Moran.

None
Mann.

AW ARD, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Council Member Soto: Recognition of Livingston High School Varsity Girls Wrestling Team.

Council Member Maria Soto introduced this item and gave recognition to Karenpreet Bains, Janet V. Baptista, Mia Ceja, Luz Jessica Gomez, and Lourdes Rodriguez who competed in the Master's Tournament; Two State qualifiers, Alondra Revuelta, and Nohemi Revuelta; Natalie Cervantes, Elizabeth Martinez Lopez, Dulce Montefies, Ariana Mufieca, Esmeralda Nicolas, Kaitlyn Oswalt, Lexi Perez, and Alayda Revuelta.

Coaches Alfonso Paez and Eli presented a certificate of recognition to Kampreet Bains, Mia Ceja, Natalie Cervantes, Lizbeth Martinez Lopez, Esmeralda Nicolas, Kaitlyn Oswalt, Lexi Perez, Alayda Revuelta, Alondra Revuelta, Nohemi Revuelta, and Lourdes Rodriguez.

2. Presentation of Council Member Soto: Recognition of Livingston Boys Wrestling Team.

Council Member Maria Soto introduced this item and gave recognition to Alex Fernandez and Julian Martin for qualifying for the Masters Tournament; Angel Reyes TYL League Champion;

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Juan Avalos, Sebastian Casanova, Fabian Cornejo, Rolando Fernandez, Alejandro Gonzalez, Jose Gutierrez, Aiden Haro, Benjamin Melendez, David Ornales, Omar Pefia, Ramon Quintero, Muray Ramirez, Gage Silva, Hector Vasquez, and Julian Zarita.

Coaches Alfonso Paez and Eli presented a certificate of recognition to Rolando Fernandez, Alejandro Gonzalez, Jose Gutierrez, Mauri Ramirez, Alex Fernandez, Julian Martin, and Angel Reyes.

3. Presentation by Council Member Soto: Recognition of Livingston Youth Football (LYF) Varsity Team.

Council Member Maria Soto introduced this item and gave recognition to Espiri Munez, Alan Chavez, Michael Hardkin, Nash Baptista, Alexander Garcia, Adrian Maldonado, Sukman China, Sabir Sagni, Victor Kilo, Angel Gutierrez, Gabriel Soria, Jade Williams, Sebastian Pacino, Daniel Mercado, Josmar Martinez, Anthony Partida, Gustavo Flores, Adrian Zusuelta, Analie Jordan, Jayden Nagette, Jeffrey Manise, and Roman Gonzalez.

Clerk's Notes: Mayor Moran called for a briefrecess at 7:28 p.m. and at 7:37 p.m. the meeting was reconvened.

4. Presentation by Mayor Moran: Sister Cities: Bridging Cultures Across Borders.

Mayor Jose A. Moran introduced this item.

Mayor Moran opened Public Comments at 7:56 p.m.

Public Comments:

Attendee (did not state name)
Diego Castillo
Attendee (did not state name)
Attendee by phone ( did not state name)
Mayor Moran closed public comments at 8:05 p.m. as there were no further comments from the public.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 8: l 0 p.m.

Citizen Comments
Subjit (did not state last name)
Mayor Moran closed Citizen Comments at 8: 11 p.m. as there were no further comments from the public.

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

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

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City Manager Announcements and Reports
No Report.

City Council Members' Announcements and Reports
o Council Member Jatinder Mann
o Council Member Maria Soto
e Mayor Pro-Tern Gurpal Samra
Mayor's Announcements and Reports.

No report.

Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission -Jatinder Mann • Merced Integrated Regional Water Management Plan (MIRWMA)-Jatinder Mann, Representative and Jason Roth, Alternate Representative. • Central Valley Division League of California Cities - Maria Soto, Representative and Jatinder Mann, Alternate.

Jason Roth
• City Council Liaison - Livingston Planning Commission Jason Roth • Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board - Jason Roth, Representative and Gnrpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIR WMA) - Jatinder Mann, Representative and Jason Roth, Alternate Representative.

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

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gurpal Samra, Representative and Jason Roth, Alternate.

Jose Moran
• Merced County Association of Governments (MCAG) Governing Board - Jose Moran, Representative and Gurpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission -Jose Moran. • Utility Stakeholders Committee - Jose Moran and Gurpal Samra.

DISCUSSION AND POTENTIAL ACTION ITEMS

13. Discussion and Direction on City of Livingston Fire Services.

Interim City Manager Christopher Lopez introduced this item.

Mayor Moran opened public comments at 8:57 p.m.

Public Comments:

Jerry Martin

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Attendee (did not state name)
David Thompson
Leticia Vasquez
Flor ( did not state last name)
Brandon Frisen
Diego Castillo
Mayor Moran closed public comments at 9:07 p.m. as there were no further comments from the public.

Mark Pimental Assistant Chief for CalFire provided an update on the SAFER grant.

The Council were in consensus with Proposal 1 of the staff report.

Proposal 1- Stop gap funding via overtime from July I, 2024-Safer Grant determination to avoid potential station closure.
a. The County should run the analyses to provide an estimated cost i. Cal Fire staff has provided estimated total overtime costs totaling approximately $28,000--$30,000 per month.
b. The County should provide their rationale for their funding contribution. c. The City would provide its fair share of OT costs.

CONSENT AGENDA

5. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated April 11, 2024.

6. Consideration of a Resolution Authorizing the Interim City Manager to Enter into a Contract with Turbodata Systems for Citation Processing Services. Staff Recommendation: Approve Resolution.

7. Consideration of a Resolution Approving the City of Livingston's Purchase of a New Code Enforcement/Animal Control Vehicle. Staff Recommendation: Approve Resolution.

8. Consideration of a Resolution Authorizing Approval of Purchase of Six (6) Solar Light Poles from Fonroche Lighting America, in the Amount of $31, I 07 and Authorizing the Interim City Manager to Execute All Required Documents. Staff Recommendation: Approve Resolution.

9. Consideration of a Resolution Authorizing and Approving the Interim City Manager to Execute a Services Agreement with NeoGov for the Purchase of Applicant Tracking System Recruit Module. Staff Recommendation: Approve Resolution.

I 0. Consideration of an Ordinance of the City Council of the City of Livingston Repealing Chapter 3, Underground Utility Districts, of Title 9 and Replacing it with Chapter 3, Underground, Utilities, of Title 9 of the City of Livingston Municipal Code. Staff Recommendation: Waive the Second Reading of the Ordinance by Title Only, Open the Public Hearing, Close the Public Hearing and Adopt the Ordinance as Presented.

Mayor Moran opened and closed citizen comments at 9:48 p.m. as there were no comments from the public.

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

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AYES:

NOES:

ABSENT:

Council Members:

Roth, Soto, Samra, and Moran.

None
Mann

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Consideration of a Resolution Appointing Alan Cadiente, Darmeen Randhawa, Cristy Pineda, and Anabel Perez to the Parks Recreation and Arts Commission. Staff Recommendation: Approve Resolution.

Recreation Superintendent Jacquie Benoit introduced this item.

Comment:

Darmeen Randhawa
Mayor Moran opened and closed public comments at 9:56 p.m. as there were no comments from the public.

Motion: M/S Moran/Samra to approve Resolution No. 2024-20, Appointing Alan Cadiente, Darmeen Randhawa, Cristy Pineda, and Anabel Perez to the Parks Recreation and Arts Commission. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Soto, Samra, and Moran.

None
Mann

12. Mayor Moran will administer the Oath of Office to the New Recreation Commissioners.

The Oath of Office was administered by Mayor Jose Moran to Alan Cadiente, Darmeen Randhawa, Cristy Pineda, and Anabel Perez to the Parks Recreation and Arts Commission.

14. Consideration ofa Resolution Establishing an Administrative Fee for Solid Waste, Recycling and Organics Collection Services Processing Maintenance and Enforcement. Staff Recommendation:

Approve Resolution.

Public Works Director Anthony Chavarria introduced this item.

Motion: M/S Samra/Roth to direct staff to prepare a Proposition 218 style rate hearing relating to administrative fee as proposed by staff. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Soto, Samra, and Moran.

None
Mann
Mayor Moran opened and closed public comments at 10:50 p.m. as there were no further comments from the public.

Clerk's Note: Motion was restated in abundance of caution.

Motion: M/S Samra/Roth to direct staff to prepare a Proposition 218 style rate hearing relating to administrative fee as proposed by staff. The motion carried 4-0-1 by the following roll call vote:

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AYES:

NOES:

ABSENT:

Council Members:

Roth, Soto, Samra, and Moran.

None
Mann

15. Consideration of a Resolution Establishing a Fifteen (15%) Percent Franchise Fee for Exclusive Access to City Solid Waste, Recycling and Organics Collection Services and Exclusive Access to City Streets and Right-of-Way. Staff Recommendation: Approve Resolution.

Public Works Director Anthony Chavarria introduced this item.

Mayor Moran opened and closed public comments at 10:57 p.m. as there were no comments from the public.

Motion: M/S Samra/Roth to Approve the Resolution No. 2024-21, Establishing a Fifteen (15%) Percent Franchise Fee for Exclusive Access to City Solid Waste, Recycling and Organics Collection Services and Exclusive Access to City Streets and Right-of-Way and to put it into a restricted account for fire services ( I 00% ).

AYES:

NOES:

ABSENT:

Council Members:

Roth, Soto, Samra, and Moran.

None
Mann

16. Consideration of a Resolution Authorizing Interim City Manager to Execute Agreement with HR Green, Inc. to Perform Engineering Services to Include Water Modelling, Development of a Water Comprehensive Capital Improvement Program (CIP), and Other Water Related Engineering Services as Needed. Staff Recommendation: Approve Resolution.

Interim City Manager introduced this item.

City Engineer Mario Gouveia answered Council's questions.

Mayor Moran opened and closed public comments at 11 :41 p.m. as there were no comments from the public.

Motion: M/S Moran/Soto to Approve Resolution authorizing Interim City Manager to Execute Agreement with HR Green, Inc. to Perform Engineering Services to Include Water Modelling, Development of a Water Comprehensive Capital Improvement Program (ClP), and Other Water Related Engineering Services as Needed. The motion failed 2-2-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Soto and Moran.

Roth and Samra
Mann

17. Discussion and Direction Regarding Community Facilities District (CFD) 2005-1 and the Respective Expenditure Against This Fund.

Interim City Manager Christopher Lopez introduced this item.

Mayor Pro-Tern Samra asked which CFD fund they were referring to.

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Interim Finance Director Happy Bains stated that it's all of them. The fund is incorporated within the LMDs and BADs.

Interim City Manager Lopez noted that in fund 129 (CFD 2013-1), the Police Department receives 93% of the revenues generated, the fire department gets 2%, parks and landscape get 4%, and streets and drainage get a quarter of a percent. Fund 127 (CFD 2017-1 ), the Police Department receives 65%, the fire department 8%, parks and landscaping get 18%, and streets and drainage get 9%. Fund 1213 (CFD 2005-1) has no allocation. He asked for the council's direction on where they would like (CFD 2005-1 fund) distributed for the fiscal year 2024/2025.

Mayor Pro-Tem Samra asked how much is in the fund.

Interim City Manager Lopez noted that they identified about $200,000 in unallocated expenditures.

Mayor Pro-Tem Samra noted that he would be fine with allocating (the unallocated funds) to the fire fund/fire services.

Mayor Pro-Tem Samra asked how much they get annually.

Interim City Manager Lopez noted that the total for this fiscal year is $768,000. He noted that 25% or 26% of that would be allocated towards fire services.

Mayor Moran opened and closed public comments at 11 :51 p.m. as there were no comments from the public.
{
Motion: M/S Samra/Moran to allocate the $200,000 unallocated expenditures for the fiscal year 2024/2025 and 26% for future allocations to fire services. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Roth, Soto, Samra, and Moran.

None
Mann

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Council Member Soto and Mayor Pro-Tem Samra asked for Engineering to do water modeling and development of a water CIP.
• Memorial Park Cornerstone presentation

ADJOURNMENT
The meeting was adjourned by consensus at approximately 11 :59 p.m.

City Clerk of the City of Livingston

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APPROVED:

Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
MAY7,2024
A Regular Meeting of the Livingston City Council was held on May 7, 2024, in the City Council Chambers with Mayor Moran presiding.

REGULAR MEETING
Mayor Moran called the meeting to order at 7:20 p.m.

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

ROLL CALL
1:8] Mayor Jose A. Moran
1:8] Mayor Pro Tern Gurpal Samra
1:8] Council Member Maria Baptista-Soto
1:8] Council Member Jason Roth
D Council Member Jatinder Mann (Absent)

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:22 p.m.

Citizen Comments
Subjit (did not state last name)
Mayor Moran closed Citizen Comments at 7:24 p.m. as there were no further comments from the public.

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ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

None.

City Staff Announcements and Reports
None.

City Manager Announcements and Reports.
• Interim City Manager Christopher Lopez
City Council Members' Announcements and Reports
" Council Member Jason Roth
'" Council Member Maria Soto
• Mayor Pro-Tern Gurpal Samra
Mayor Pro-Tern Samra requested to bring back garbage rate item to lower rates at the next meeting.

Mayor Pro Tern Samra and Council Member Soto requested staff to bring forth a rate reduction to the users in the amount it was increased effective April 1'1 •
Mayor's Announcements and Reports
• Mayor Jose Moran
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission - Jatinder Mann • Merced Integrated Regional Water Management Plan (MIRWMA)-Jatinder Mann, Representative and Jason Roth, Alternate Representative. • Central Valley Division League of California Cities-Maria Soto, Representative and Jatinder Mann, Alternate.

Jason Roth
• City Council Liaison - Livingston Planning Commission - Jason Roth • Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board - Jason Roth, Representative and Gnrpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIR WMA) - Jatinder Mann, Representative and Jason Roth, Alternate Representative.

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

Gnrpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gnrpal Samra, Representative and Jason Roth, Alternate.

Jose Moran
• Merced County Association of Governments (MCAG) Governing Board -Jose Moran, Representative and Gnrpal Samra, Alternate.

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

CONSENT AGENDA
I. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated April 30, 2024.

2. City Treasurer's Investment Report for the Month Ending March 31, 2024.

3. Consideration of a Resolution to Receive and Accept the Housing Element Annual Progress Report for Calendar Year 2023 and Direct Staff to Submit the Report to the California Department of Housing and Community Development and the Governor's Office of Planning and Research. Staff Recommendation: Approve Resolution.

4. Consideration of a Resolution Authorizing Dahlin Group to Prepare and Distribute a Request for Proposals (RFP) for Architectural Services for the Livingston Rec Plex Pursuant to Proposition 68 Grant. Staff Recommendation: Approve Resolution.

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

Motion: M/S Samra/Roth to approve Consent Agenda Items I, 2, 3, and 4. The motion carried 4- 0-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Soto, Samra, and Moran
None
Mann

5. Consideration ofa Resolution Authorizing the City Attorney and Human Resources Coordinator to Request for Proposals (RFP) for the Selection of a Firm or individual to Lead the Recruitment Process of a New Pennanent City Manager. Staff Recommendation: Approve Resolution.

City Attorney Santos made a correction to the title of the item to add "or individual." City Attorney Santos noted that the RFP will be mailed directly to the firms they know.

Mayor Moran opened public comments at 8: 10 p.m.

Public Comments
Attendee (did not state name)
Attendee (did not state name)
Closed public comments at 8: 11 p.m. as there were no further comments from the public.

Motion: M/S Samra/Roth to approve Resolution No. 2024-24, Resolution Authorizing the City Attorney and Human Resources Coordinator to Request for Proposals (RFP) for the Selection of a Firm or individual to Lead the Recruitment Process of a New Permanent City Manager. The motion carried 3-1-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

Roth, Samra, and Moran
Soto

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ABSENT: Council Member: Mann

PUBLIC HEARINGS

6. Consideration ofan Ordinance of the City Council of the City of Livingston Repealing and Replacing a Portion of Chapter 4 of Title 7 of the Livingston Municipal Code Pertaining to Fireworks. Staff Recommendation: Waive the First Reading of the Ordinance by Title Only, Open the Public Hearing, Close the Public Hearing and Approve the Ordinance as Presented.

City Attorney Roy Santos introduced this item.

Mayor Moran opened and closed public hearing at 8: 17 p.m. as there were no comments from the public.

Motion: M/S Moran/Samra to approve Ordinance of the City Council of the City of Livingston Repealing and Replacing a Portion of Chapter 4 of Title 7 of the Livingston Municipal Code Pertaining to Fireworks. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Member:

Roth, Soto, Samra, and Moran
None
Mann

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

CLOSED SESSION

7. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Christopher Lopez, Interim City Manager Employee Organizations:

OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees Association.

OE3 - Management/Confidential Bargaining Unit
OE3 - Livingston Police Officer Association
AFSCME- Public Works and Park Unit

8. Public Employment, Pursuant to Government Code section 54957 Title: Chief of Police.

Mayor opened and closed public comments at 8:26 p.m. as there were no comments from the public.

Council went into closed session at 8:28 p.m.

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

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ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:21 p.m.

Deputy City Clerk of the City of Livingston
APPROVED:

Mayor or Mayor ProTempore
The written meeting minutes r~flect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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MEETING MINUTES

JOINT MEETING BETWEEN THE CITY COUNCIL AND

PLANNING COMMISSION SPECIAL MEETING
MAY 7, 2024
A Joint Special Meeting of the Livingston City Council and Planning Commission was held on May 7, 2024, in the City Council Chambers with Mayor Moran presiding.

REGULAR MEETING
Mayor Moran called the meeting to order at approximately 5:36 p.m.

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

ROLL CALL
~ Mayor Jose A. Moran
~ Mayor Pro Tern Gurpal Samra (Late Attendance)
~ Council Member Maria Baptista-Soto
~ Council Member Jason Roth
D Council Member Jatinder Mann (Absent)
D Chair Steve Bassi (Absent)
~ Vice-Chair Renee Waite Mendonca
~ Planning Commissioner Robert Wallis
~ Planning Commissioner Jose Flores
Mayor Pro-Tern Samra entered the Council Chambers at 5:52 p.m. after roll call was taken. The roll call was changed to him being late.

CHANGES TO THE AGENDA
None.

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CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 5:39 p.m. as there were no further comments from the public.

STUDY SESSION
I. Livingston 2040 General Plan Update Joint City Council/Planning Commission Study Session: Discussion and Direction on Progress Report and Land Use Alternatives.

Michael Gibbons and Jim Harnish introduced this item. Mr. Gibbons and Mr. Harnish gave a PowerPoint presentation on the overview of the consultant team, purpose and contents of general plans, project overview and schedule, completed work, Land Use Alternatives, and next steps.

There was a brief discussion between Council, Planning Commissioners, Michael Gibbons, Jim Harnish, and Community Development Director Gary Conte regarding General Plan Update.

Mayor Moran opened public comments at 6:52 p.m.

Public Comments
Attendee (did not state name)
Diego Castillo
Mayor Moran closed public comments at 6:56 p.m. as there were no further comments from the public.

ADJOURNMENT
The meeting was adjourned by consensus at 7:04 p.m.

Deputy City Clerk of the City of Livingston
APPROVED:

Mayor or Mayor ProTempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily r~flect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
May 21, 2024
A Special and Regular Meeting of the Livingston City Council was held on May 21, 2024, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:09 pm.

ROLL CALL
[gJ Mayor Jose A. Moran
[gJ Mayor Pro Tern Gurpal Samra
[gJ Council Member Maria Baptista-Soto
[gJ Council Member Jason Roth
D Council Member Vacant

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

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. Threat to public services or facilities, pursuant to Government Code section 54957.

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Consultation with: City Attorney

REGULAR MEETING
Mayor Moran called the meeting to order at 7: 14 p.m.

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

ROLL CALL
[Z] Mayor Jose A. Moran
[Z] Mayor Pro Tem Gurpal Samra
[Z] Council Member Maria Baptista-Soto
tzl Council Member Jason Roth
D Council Member Vacant

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7: 15 p.m.

Citizen Comments
Francis Arroyo
Japjeet (did not state last name)
Mayor Moran closed citizen comments at 7:20 p.m. as there were no further comments from the public.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

No report.

City Staff Announcements and Reports
No report.

City Manager Announcements and Reports
• Interim City Manager Christopher Lopez
City Council Members' Announcements and Reports

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• Council Member Jason Roth
• Council Member Maria Soto
• Mayor Pro-Tern Gurpal Samra
Mayor's Announcements and Reports.
• Mayor Jose Moran
•
Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission Jatinder Mann • Merced Integrated Regional Water Management Plan (MIRWMA)-Jatinder Mann, Representative and Jason Roth, Alternate Representative. • Central Valley Division League of California Cities - Maria Soto, Representative and Jatinder Mann, Alternate.

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

Gnrpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gurpal Samra, Representative and Jason Roth, Alternate.

Jose Moran
• Merced County Association of Governments (MCAG) Governing Board - Jose Moran, Representative and Gnrpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission - Jose Moran. • Utility Stakeholders Committee - Jose Moran and Gurpal Samra.

CONSENT AGENDA

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

2. Consideration of a Resolution Authorizing Approval of Purchase of One (I) New Utility Truck (2024 Chevrolet Silverado 2500HD 2WD REG Cab) from American Chevrolet, in the Amount of $63,499.36 and Authorizing the Interim City Manager to Execute all Required Documents. Staff Recommendation: Approve Resolution.

3. Consideration of a Resolution Approving American Elite Electric Inc. to Replace the Existing Damaged Decorative Light Pole on Main Street and D Street and Authorizing the Interim City Manager to Execute All Required Documents. Staff Recommendation: Approve Resolution.

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4. Consideration ofa Resolution Initiating Proceedings and Ordering the Preliminary Engineer's Report for the Annual Levy of Assessments for Fiscal Year 2024/2025 for the Livingston Benefit Assessment Districts, Approving the Engineer's Report, Declaring the City's Intention to Levy Annual Assessments Within Such Districts and Appointing a Time and Place for a Public Hearing. Staff Recommendation: Approve Resolution.

5. Consideration ofa Resolution Initiating Proceedings and Ordering the Preliminary Engineer's Report for the Annual Levy of Assessments for Fiscal Year 2024/2025 for the Citywide Consolidated Landscape Maintenance Assessment District No. I, Approving the Engineer's Report, Declaring the City's Intention to Levy Annual Assessments for the District, and Appointing a Time and Place for a Public Hearing. Staff Recommendation: Approve Resolution.

6. Consideration ofan Ordinance of the City Council of the City of Livingston Repealing and Replacing a Portion of Chapter 4 of Title 7 of the Livingston Municipal Code Pertaining to Fireworks. Staff Recommendation: Waive the Second Reading of the Ordinance by Title Only, Open the Public Comment, Close the Public Comments and Adopt the Ordinance as Presented.

7. Consideration of a Resolution Approving a Memorandum of Understanding (MOU) Between Merced County and the City of Livingston for FEMA Grant Application and Authorize the City Manager to Execute Grant Related Documents. Staff Recommendation: Approve Resolution.

Mayor Moran opened and closed public comments at 8:05 p.m. as there were no comments from the public.

Motion: MIS Samra/Roth to approve the consent agenda items I through 7. The motion carried 4- 0-0 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Soto, Roth, Samra, and Moran.

None
None

8. Ratification of the Agreement for Issuance of Building Permits, Notice to Proceed, and Deferment of Building, Service Connection and Development Impact Fee for Tierrasanta Villas Apartments Project. Staff Recommendation: Approve Ratification by Minute Order.

There was a brief discussion between Council Member Soto and Community Development Director Gary Conte regarding the reason for the delay on the part of the developer.

Mayor Moran opened public comments at 8: 12 p.m.

Public Comments
Attendee (did not state name)
Mayor Moran closed public comments at 8: 13 p.m. as there were no further comments from the public.

Gary Conte responded to public comments.

Motion: M/S -Soto/Samra to approve consent agenda item 8.

Council Member Soto rescinded her motion.

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Motion: M/S Samra/Roth to approve the Minute Order ratifying the Interim City Manager authorization to enter into an agreement with Visionary Home Builders of California, Inc. The motion carried 4-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

PUBLIC HEARINGS
Council Members:

Council Members:

Soto, Roth, Samra, and Moran.

None
None

9. Consideration ofan Ordinance of the City Council of the City of Livingston Repealing and Replacing a Portion of Chapter 2 of Title 2 of the Livingston Municipal Code Pertaining to the Planning Commission. Staff Recommendation: Waive the First Reading of the Ordinance by Title Only, Open the Public Hearing, Close the Public Hearing and Approve the Ordinance as Presented.

City Attorney Roy Santos introduced this item.

Mayor Moran opened and closed the public hearing at 8: 17 p.m. as there were no comments from the public.

Motion: M/S Samra/Roth to waive the first reading and approve the Ordinance repealing and Replacing a Portion of Chapter 2 of Title 2 of the Livingston Municipal Code Pertaining to the Planning Commission. The motion carried 4-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Council Members:·
Council Members:

Soto, Roth, Samra, and Moran.

None
None

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Discussion and Direction on Removing the Refuse Rate Increase Effective April I, 2024.

Acting Finance Director Happy Bains introduced this item together with items 11 and IS and responded to council questions.

Richard Gilton responded to council questions regarding franchise fees.

The Council suggested they bring back item with further information on breakdown of the recycling solid waste and green waste cost from Gilton. They also would like the breakdown of the I 5% fee.

There was a lengthy discussion between the council and staff regarding fee increases.

Mayor Moran opened public comments at 9: 17 p.m.

Public Comments:

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

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Motion M/S Samra/Roth to remove the refuse rate increase effective April ]st and give credit to each residential account. The motion failed 2-2-0 by the following roll call vote:

AYES
NOES:

ABSENT:

Council Members:

Roth and Samra
Soto and Moran
None

11. Discussion and Direction on Refuse, Water, and Wastewater Rate Study Including the Development of a Request for Proposal (RFP).

Mayor Pro-Tern Samra introduced this item.

Mayor Moran opened public comments at 9:34 p.m.

Public Comments:

Attendee (did not state name)
Mayor Moran closed public comments 9:42 p.m. as there were no further comments from the public.

Motion: M/S Moran to direct staff to come back with a Request for Proposals. Motion died due to a lack of a second.

Mayor Moran called for a break at 9:49 p.m.

Mayor reconvened the meeting at 9:57 p.m.

12. Discussion and Direction Regarding a Street Naming Plan or Process.

Mayor Moran introduced this item.

Mayor Moran opened public comments at I 0:01 p.m.

Public Comments:

Attendee (did not state name)
Mayor Moran closed public comments at I 0:03 p.m. as there were no further comments from the public.

Community Development Director Gary Conte responded to the council's question regarding the planning commission process of street naming.

Mayor Moran suggested that the city have a process in place for street naming.

Interim City Manager Lopez suggested that they look at other cities' processes and bring back a survey to the council.

Direction was given to bring back a potential policy or process that takes into account the historical figures and prominent people in the community.

13. Update on the 4th of July Event.

Interim City Manager Christopher Lopez introduced this item.

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Council Member Soto gave an update on the 4th of July Event.

Mayor Moran suggested that a written report be given at the next city council meeting.

Mayor Moran opened public comments at 10:56 p.m.

Public Comments:

Attendee (did not state name)
Mayor Moran closed public comments at 11 :00 p.m. as there was no further comments from the public.

14. Consider and Discuss the City of Livingston City Council's Options for Filling the City Council Seat Vacated by Council Member Jatinder Mann, and Take Action Related to Filling the Vacancy.

City Attorney Roy Santos introduced this item.

Mayor Moran opened and closed public comments at 11 :02 p.m. as there were no comments from the public.

Motion: M/S Samra/Roth to open the application process to the public from May 22"' through May 31 st and bring the item back on the second meeting in June. The motion carried 4-0-0 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Samra, Soto and Moran
None
None

15. Discussion and Direction Regarding Notices of the Proposed Increased Solid Waste Fees and Rates for a Majority Protest Process in Accordance with Proposition 218 and Adoption of Guidelines for the Submission and Tabulation of Protests.

City Attorney Roy Santos introduced this item.

Mayor Moran opened and closed public comments at 11: 19 p.m. as there were no comments from the public.

Direction was given to bring back the item once they received additional information from Gilton.

16. Discussion on Fiscal Year 2024/2025 Budget.

Clerk's Note: Mayor Pro-Tem Samra left the Council Chambers at 11 :21 p.m.

Interim Finance Director Happy Bains introduced this item.

Mayor Moran opened public comments at 11 :42 p.m.

Public Comments:

Attendee (did not state name)

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Mayor Moran closed public comments at 11 :43 p.m.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 11 :44 p.m.

City Clerk of the City of Livingston
APPROVED:

Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL
JUNE 4, 2024
A Regular Meeting of the Livingston City Council was held on June 4, 2024, in the City Council Chambers with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 6:35 p.m.

ROLL CALL
~ Mayor Jose A. Moran
~ Mayor Pro Tern Gurpal Samra
~ Council Member Maria Baptista-Soto
D Council Member Jason Roth (Absent)
D Council Member Vacant

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

CLOSED SESSION
Mayor Moran opened the meeting for public comments at 6:37 p.m. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matter:

6. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Christopher Lopez, Interim City Manager Employee Organizations:

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OE3- Clerical Bargaining Unit
OE3 - Police Superviso1y Employees Association.

OE3 - Management/Confidential Bargaining Unit
OE3 - Livingston Police Officer Association
AFSCME- Public Works and Park Unit

REGULAR MEETING
Mayor Moran called the meeting to order at 7: 14 p.m.

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

ROLL CALL
18] Mayor Jose A. Moran
18] Mayor Pro Tern Gurpal Samra
18] Council Member Maria Baptista-Soto
D Council Member Jason Roth (Absent)
D Council Member Vacant

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7: 16 p.m.

Citizen Comments
Bob Wallis
Japjeet Singh
Mayor Moran closed Citizen Comments at 7: 18 p.m. as there were no further comments from the public.

A WARD, PRESENTATIONS, PROCLAMATIONS
I. Presentation by Mayor Moran: Proclamation Recognizing the Week of May 12-18, 2024, as National Police Week and May 15, 2024, as Peace Officer Memorial Day.

Mayor Moran introduced this item.

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2. Presentation by George Nassar, Public Opinion Strategies: Livingston Sales Tax Polling Update.

George Nassar introduced this item and responded to council and staff questions.

Mayor Moran opened public comments at 7:36 p.m.

Citizen Comments
Attendee (did not state name)
Mayor Moran closed public comments at 7:38 p.m. as there were no further comments from the public.

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

City Staff Announcements and Reports
• Mario Gouveia, City Engineer- Engineering Department Update Mayor Moran opened public comments at 8:10 p.111.

Citizen Comments
Attendee (did not state name)
Anthony Chavarria, Public Works Director responded to public comments.

Mayor Moran closed public comments at 8: l l p.m. as there were no further comments from the public. • John Ramirez, Acting Chief of Police - Police Department Update.

City Manager Announcements and Reports
• Interim City Manager Christopher Lopez.

City Council Members' Announcements and Reports
" Council Member Maria Soto
" Mayor Pro Tem Gurpal Samra
Mayor's Announcements and Reports.
• Mayor Jose Moran
Vacant
• City Council Alternate Liaison - Parks, Recreation and Arts Commission - Vacant • Merced Integrated Regional Water Management Plan (MIRWMA)- Vacant, Representative and Jason Roth, Alternate Representative.
• Central Valley Division League of California Cities - Maria Soto, Representative and Vacant, Alternate.

Jason Roth
• City Council Liaison - Livingston Planning Commission - Jason Roth

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• Special City Selection Committee of the San .Joaquin Valley Air Pollution Control Board - Jason Roth, Representative and Gnrpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIRWMA)- Vacant, Representative and Jason Roth, Alternate Representative.

Gnrpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gnrpal Samra, Representative and Jason Roth, Alternate.

CONSENT AGENDA

3. City Treasurer's Investment Report for the Month Ending April 30, 2024.

4. Consideration ofan Ordinance of the City Council of the City of Livingston Repealing and Replacing a Portion of Chapter 2 of Title 2 of the Livingston Municipal Code Pertaining to the Planning Commission. Staff Recommendation: Waive the Second Reading of the Ordinance by Title Only, Open the Public Comment, Close the Public Comments and Adopt the Ordinance as Presented.

5. Consideration ofa Resolutions Calling and Giving Notice of the Holding ofa General Municipal Election on Tuesday, November 5, 2024, for the Election of the Mayor, Two (2) Council Members, a City Clerk, and City Treasurer as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; and Resolution Requesting the Board of Supervisors of the County of Merced Consolidate a General Municipal Election to be Held on November 5, 2024, with the Statewide General Election to be Held on the Date Pursuant to Section 10403 of the Elections Code. Staff Recommendation: Approve Resolution.

6. Consideration of a Resolution Approving the City of Livingston Fiscal Year 2024/2025 List of Eligible Projects for Funding from the Road Maintenance and Rehabilitation Account (RMRA) Created by Senate Bill (SB) I Road Repair and Accountability Act of 2017, and Authorizing the City Manager to File with the California Transportation Commission the Project List and Annual Expenditure Report for Fiscal Year 2024/2025 RMRA Funding. Staff Recommendation: Approve Resolution.

Mayor Moran opened public comments at 8:33 p.m.

Citizen Comments
Attendee (did not state name)

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Interim Chief of Police John Ramirez responded to public comments.

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

Motion: M/S Samra/Moran to approve the consent agenda items 3,4,5, and 6. The motion carried 3-0-1 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Soto, Samra, and Moran.

None
Roth

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Discussion and Direction on Submitting a Ballot Measure at the General Election Regarding Changing the Positions of City Clerk and City Treasurer from Elective to Appointive Positions.

Interim City Manager Christopher Lopez introduced this item.

Mayor Moran opened public comments at 8:42 p.m.

Citizen Comments
Attendee (did not state name)
Attendee (did not state name)
Mayor Moran closed public comments at 8:48 p.m. as there were no further comments from the public.

The council gave no direction on this item.

8. Discussion Direction on Submitting a Ballot Measure at the General Election Regarding a Potential Revenue Measure.

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

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

Citizen Comments
Attendee (did not state name)
Attendee (did not state name)
Attendee (did not state name)
Attendee (did not state name)
Mayor closed public comments at 9: 17 p.m. as there were no further comments from the public.

The council directed staff to bring back both general and special tax measures and would like item 4 of the staff report (Item 4 of staff report- have ballot language crafted with input from the polling consultant and the City Attorney's Office).

9. Discussion and Direction on the Entertainment For the 41 " of July Event and Receive an Update.

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Interim City Manager Christopher Lopez and Julio Valadez introduced this item.

Mayor Moran opened and closed public comments at 9:45 p.m. as there were no comments from the public.

Clerk's Notes: Items I and 2 of the staff report states as follows: (I) Authorize the City Manager's Office to execute an agreement subject to approval from the City Attorney's Office for a not to exceed the amount of$ I 2,500 for the July 7, 2024, entertainment. (2) Authorize the remainder of the July 4th events as presented in the budget.

Motion: M/S Soto/Samra to move forward with items I and 2 of the staff report. The motion carried 3-0-1 by the following ro11 cal] vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Soto, Samra, and Moran.

None
Roth

10. Consideration of a Resolution Adopting the Annual Budget for Fiscal Year 2024/2025; The GANN Appropriation Limit for Fiscal Year 2024/2025 and Infrastructure Work Plan. Staff Recommendation: Approve Resolution.

Interim Finance Director Happy Bains gave a short introduction on this item.

Public Works Director Anthony Chavarria introduced the Infrastructure Work Plan and responded to Council questions.

Mayor Moran opened and closed public comments at I 0:27 p.m. as there were no comments from the public.

Motion: M/S Samra/Moran to approve Resolution No. 2024-33, Adopting the Annual Budget for Fiscal Year 2024/2025; The GANN Appropriation Limit for Fiscal Year 2024/2025 and Infrastructure Work Plan. The motion carried 3-0-1 by the fo11owing ro11 cal] vote:

AYES:

NOES:

ABSENT:

Council Members:

Soto, Samra, and Moran.

None
Roth

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the fo11owing items to a future agenda:
• Update on who was awarded the fireworks booth this year. • Provide an announcement for our residents regarding cooling stations and offering water at City Hall.

ADJOURNMENT
The meeting was adjourned by consensus at approximately I 0:29 p.m.

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City Clerk of the City of Livingston
APPROVED:

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MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
JUNE 10, 2024
A Special Meeting of the Livingston City Council was held on June 10, 2024, in the Council of Chambers, with Mayor Moran presiding.

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

ROLL CALL
C8] Mayor Jose A. Moran
C8] Mayor Pro Tern Gurpal Samra
C8] Council Member Maria Baptista-Soto
C8] Council Member Jason Roth
D Council Member Vacant

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

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 5: 17 p.rn. as there were no comments from the public.

CONSENT
I. Consideration of a Resolution Authorizing the Interim City Manager to Execute an Agreement with Ricky Ricardo Promotions for Entertainment for the City of Livingston 4th of July Event.

Staff Recommendation: Approve Resolution.

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Mayor Moran opened and closed citizen comments at 5: 19 p.m. as there were no comments from the public.

Motion: M/S Soto/Samra to approve Resolution No. 2024-34, Authorizing the Interim City Manager to Execute an Agreement with Ricky Ricardo Promotions for Entertainment for the City of Livingston 4th of July Event. The motion carried 4-0-0 by the following roll call vote:

AYES:

NOES:

Council Members:

Roth, Soto, Samra, and Moran.

None
ABSENT: Council Members: None

CLOSED SESSION

2. 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

3. Conference with Legal Counsel - Pending Litigation
Paragraph (2) of subdivision (d) of Section 54956.9 of the Government Code Number of Cases: One Matter
Name of Case: NEW NATIONAL OPIOID SETTLEMENT NOTICE - Kroger Co. - RefNum CL-789627
Mayor Moran opened and closed citizen comments at 5:21 p.m. as there were no comments from the public.

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

ADJOURNMENT
The special meeting was adjourned by consensus at 6:34 p.m.

City Clerk of the City of Livingston
APPROVED:

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MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
JUNE 18, 2024
A Special and Regular Meeting of the Livingston City Council was held on June 18, 2024, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:01 p.m.

ROLL CALL
~ Mayor Jose A. Moran
~ Mayor Pro Tern Gurpal Samra
~ Council Member Maria Baptista-Soto
~ Council Member Jason Roth (Late Attendance)
0 Council Member Vacant
Council Member Jason Roth was marked as absent during roll call. However, Council Member Roth joined the closed session meeting at 6:06 p.m. after roll call was taken. The roll call was changed to Council Member Roth being late.

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

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

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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 Significan_t exposure to litigation pursuant to Gov. Code,§ 54956.9(d):
one (1) matter
Council Member Jason Roth recused himself from the discussion of labor negotiations with Livingston Police Officer Association due to a conflict. He left the Council Chambers at 6:28 p.m. before the item was discussed.

REGULAR MEETING
Mayor Moran called the meeting to order at 7:06 p.m.

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

ROLL CALL
IZJ Mayor Jose A. Moran
IZJ Mayor Pro Tern Gurpal Samra
IZ] Council Member Maria Baptista-Soto
IZJ Council Member Jason Roth
D Council Member Vacant

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 7:08 p.m. as there were no comments from the public.

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ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

No Report.

City Manager Announcements and Reports
No Report.

City Council Members' Announcements and Reports
,. Council Member Maria Soto
,. Mayor Pro-Tern Gurpal Samra
Mayor's Announcements and Reports.
• Mayor Jose Moran
City Staff Announcements and Reports
• Anthony Chavarria, Public Works Director and Jesus Chavez, Water Sewer Manager Public Works Update
Citizen Comments
Attendee (did not state name)
Renee Mendonca
Public Works Director Anthony Chavarria and Jesus Chavez answered citizens questions.

Mayor Moran opened and closed public comments at 7:33 p.rn. as there were no comments from the public.

Vacant
• City Council Alternate Liaison - Parks, Recreation and Arts Commission - Vacant • Merced Integrated Regional Water Management Plan (MIRWMA)- Vacant, Representative and Jason Roth, Alternate Representative.
• Central Valley Division League of California Cities - Maria Soto, Representative and Vacant, Alternate.

Jason Roth
• City Council Liaison - Livingston Planning Commission - Jason Roth • Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board - Jason Roth, Representative and Gurpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIRWMA)- Vacant, Representative and Jason Roth, Alternate Representative.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gurpal Samra, Representative and Jason Roth, Alternate.

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CONSENT AGENDA
I. RATIFY CHECK WARRANTS
Ratify Wan-ant Register Dated May 31, 2024.

Mayor Moran opened and closed Public Comments at 7:37 p.m. as there were no comments from the public.

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

AYES:

NOES:

ABSENT:

PUBLIC HEARINGS
Council Members:

Council Members:

Roth, Soto, Samra, and Moran.

None
None

2. Consideration of a Resolution Amending and/or Approving the Engineer's Report, for the Livingston Benefit Assessment Districts and the Levy and Collection of Annual Assessments Within Such Districts For Fiscal Year 2024/2025 and Confirming Diagrams and Assessments Pursuant to the Benefit Assessment Act of 1982 and As Provided by Article XlllD of the California Constitution. Staff Recommendation: Approve Resolution.

Susana Hernandez, Senior Project Manager at Willdan Financial Services, introduced this item and responded to council questions.

Mayor Moran opened and closed the public hearing at 7:43 p.m. as there were no comments from the public.

Motion: M/S Samra/Roth to approve Resolution No. 2024-35, Amending and/or Approving the Engineer's Report, for the Livingston Benefit Assessment Districts and the Levy and Collection of Annual Assessments Within Such Districts For Fiscal Year 2024/2025 and Confirming Diagrams and Assessments Pursuant to the Benefit Assessment Act of 1982 and As Provided by Article XIIID of the California Constitution. The motion carried 4-0-0 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Soto, Samra, and Moran.

None
None

3. Consideration of a Resolution Amending and/or Approving the Engineer's Report for the Citywide Consolidated Landscape Maintenance Assessment District No. 1 and the Levy and Collection of Annual Assessments Within Such District for Fiscal Year 2024/2025 and Confirming Diagrams and Assessments Pursuant to the Provisions of Part 2 of Division 15 of the

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California Streets and Highways Code and as Provided by Article XIIID of the California Constitution. Staff Recommendation: Approve Resolution.

Susana Hernandez, Senior Project Manager at Willdan Financial Services, introduced this item and responded to Council questions.

Mayor Moran opened and closed the public hearing at 7:54 p.m. as there were no comments from the public.

Motion: M/S Samra/Roth to approve Resolution No. 2024-36, Amending and/or Approving the Engineer's Report for the Citywide Consolidated Landscape Maintenance Assessment District No. I and the Levy and Collection of Annual Assessments Within Such District for Fiscal Year 2024/2025 and Confirming Diagrams and Assessments Pursuant to the Provisions of Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIIID of the California Constitution. The motion carried 4-0-0 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Soto, Samra, and Moran.

None
None

DISCUSSION AND POTENTIAL ACTION ITEMS

4. Consideration ofa Resolution Submitting to the Voters at the General Municipal Election to be Consolidated with the Statewide General Election Held on Tuesday, November 5, 2024, An Ordinance Adopting A Transaction and Use Tax, and a Resolution Submitting to the Voters at the General Municipal Election to be Consolidated with the Statewide General Election Held on Tuesday, November 5, 2024, An Ordinance Adopting A Transaction and Use Tax for Police and Fire Purposes. Staff Recommendation: Approve Resolution.

Interim City Manager Christopher Lopez introduced this item.

City Attorney Roy Santos answered Council questions.

Mayor Moran opened Public Comments at 8:10 p.m.

Citizen Comments
David Bates
Renee Mendonca
Robert Wallis
Mayor Moran closed Public Comments at 8: 17 p.m. as there were no further comments from the public.

Motion: M/S Moran/Samra to approve resolution relating to the proposed draft special tax with the change language regarding the oversight committee from "may" to "shall" and currently no sunset provision. The motion carried 4-0-0 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Soto, Samra, and Moran.

None
None

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5. Consideration of a Resolution Appointing Japjeet Singh as a Commissioner of the City of Livingston Planning Commission, and Appointing Jasneil Singh and Mohinder Kanda as Alternates to the City of Livingston Planning Commission. Staff Recommendation: Approve Resolution.

Community Development Director Gary Conte presented this item.

Mayor Moran opened and closed Public Comments at 8:43 p.m. as there were no comments from the public.

Motion: M/S Soto/Roth to approve Resolution No. 2024-38, Appointing Japjeet Singh as a Commissioner of the City of Livingston Planning Commission, and Appointing Jasneil Singh and Mohinder Kanda as Alternates to the City of Livingston Planning Commission. The motion carried 4-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Roth, Soto, Samra, and Moran.

None
None

6. Consideration ofa Resolution Appointing a member to Fill the City Council Vacancy as a Result of Council Member Jatinder Mann's Resignation. Staff Recommendation: Approve Resolution.

Interim City Manager Christopher Lopez introduced this item.

Mayor Pro-Tern Gurpal Samra asked the candidates to come up and tell them why they should be selected.

Renee Mendonca, Robert Wallis, and Leticia Vasquez-Zurita introduced themselves and answered Mayor Pro-Tern Samra's question.

Motion: M/S Roth/Samra to Appoint Robert Wallis as City Council Member. The motion carried 4-0-0 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Soto, Samra, and Moran.

None
None

7. Mayor will administer the Oath of Office to Appointed Council Member and Appointed Planning Commissioners Japjeet Singh and Jasneil Singh.

Mayor Moran administered the Oath of Office to Appointed Council Member Robert Wallis and Appointed Planning Commissioners.

There was a briefrecess at 9:05 p.m.

Mayor Moran resumed the City Council Meeting at 9: 14 p.m.

Robert Wallis verbally resigned his position as planning commissioner at 9:15 p.m. and took a seat at the dais.

8. Discussion and Direction on the Selection of a Recruitment Firm to Lead the Recruitment Process of a New Permanent City Manager.

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City Attorney Roy Santos introduced this item.

Mayor Moran opened and closed public comments at 9: 18 p.m. as there were no comments from the public.

Mayor Moran re-opened Public Comments at 9:28 p.m.

Citizen Comments
Japjeet Singh
Mayor Moran closed Public Comments at 9:30 p.m. as there were no further comments from the public.

Motion: M/S Samra/Roth to contract Bob Murray & Associates for the City Manager recruitment.

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

AYES:

NOES:

ABSENT:

Council Members:

Roth, Samra, Wallis, and Moran.

Soto
None

9. Discussion and Direction on Submitting a Ballot Measure at the General Election Regarding Changing the Positions of City Clerk and City Treasurer from Elective to Appointive Positions.

Interim City Manager Christopher Lopez introduced this item.

Mayor Moran opened Public Comments at 9:44 p.m.

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

Motion: M/S Samra/Moran to approve options 1 and 2 in staff report. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Roth, Wallis, Soto, Samra, and Moran.

None
None
Clerk's Notes: Option 1 and 2 of the staff report states as follows: (I) Develop necessary items to ask City voters to determine whether they would like to continue electing the City Clerk. (2) Develop necessary items to ask City voters to determine whether they would like to continue electing the City Treasurer.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:

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• Appoint one of the alternates as a permanent planning commissioner.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:56 p.m.

City Clerk of the City of Livingston
APPROVED:

Mayor or Mayor Pro Tempore
The written meeting minutes r~flect a summary of spec/fie actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
JULY 2, 2024
A Special and Regular Meeting of the Livingston City Council was held on July 2, 2024, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:05 pm.

ROLL CALL
[:8J Mayor Jose A. Moran
[:8J Mayor Pro Tern Gurpal Samra
D Council Member Maria Baptista-Soto (Absent)
[:8J Council Member Jason Roth
[:8J Council Member Robert Wallis

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

CLOSED SESSION
Mayor Moran opened the meeting for public comments at 6:08 p.rn. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matters:

6. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Christopher Lopez, Interim City Manager Employee Organizations:

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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 - EXISTING LITIGATION
(Gov. Code section 54956.9) Name of Case: Animal Legal Defense Fund v. Foster Poultry Farms, Merced County Superior Court Case No. 20CV-02493

8. Conference with Legal Counsel - Pending Litigation
Paragraph (2) of subdivision (d) of Section 54956.9 of the Government Code Number of Cases: One Matter
Name of Case: NEW NATIONAL OPIOID SETTLEMENT NOTICE - Kroger Co. - RefNum CL-789627

9. CONFERENCE WITH LEGAL COUNSEL - ANTIC IPA TED

LITIGATION/SIGNIFICANT EXPOSURE TO LITIGATION
Gov. Code section 54956.9, section (d)
Cases: One Matter
Mayor Moran noted that closed session item 9 is being added.

REGULAR MEETING
Mayor Moran called the meeting to order at 7: 19 p.m.

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

ROLL CALL
IX! Mayor Jose A. Moran
IXJ Mayor Pro Tern Gurpal Samra
D Council Member Maria Baptista-Soto (Absent)
IX! Council Member Jason Roth
IX! Council Member Robert Wallis

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

CHANGES TO THE AGENDA
None.

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CITIZEN COMMENTS
Mayor Moran opened and Citizen Comments at 7:21 p.m.

Citizen Comments:

Christian Santos, Representative of the office of Congressman John Duarte Mayor Moran closed and Citizen Comments at 7:24 p.m., as there were no further comments from the public.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

Merced County Supervisor Rodrigo Espinoza gave a report.

Mayor Moran re-opened Citizen Comments at 7:31 p.m.

Citizens Comments:

Barbara Ratzlaff
Mayor Moran closed Citizen Comments at 7:33 p.m. as there were no further comments from the public.

City Staff Announcements and Reports
No Report.

City Manager Announcements and Reports
No Report.

City Council Members' Announcements and Reports
" Council Member Robert Wallis
., Council Member Jason Roth
• Mayor Pro-Tern Gurpal Samra
Mayor's Announcements and Reports.
• Mayor Jose Moran
Mayor Moran opened Public Comments at 7:51 p.m.

Public Comments:

Mike Nelson, Mayor of Atwater
Jaime Fuentes
Attendee (did not state name)
Mayor Moran closed Public Comments at 7:56 p.m. as there were no further comments from the public.

Robert Wallis
• City Council Alternate Liaison - Parks, Recreation and Arts Commission - Vacant • Merced Integrated Regional Water Management Plan (MIRWMA)- Vacant, Representative and Jason Roth, Alternate Representative. • Central Valley Division League of California Cities - Maria Soto, Representative and Vacant, Alternate.

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Jason Roth
• City Council Liaison - Livingston Planning Commission -Jason Roth • Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board - Jason Roth, Representative and Gnrpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIRWMA) Vacant, Representative and Jason Roth, Alternate Representative.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors - GurpaI Samra, Representative and Jason Roth, Alternate.

Jose Moran
• Merced County Association of Governments (MCAG) Governing Board - Jose Moran, Representative and Gurpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission -Jose Moran. • Utility Stakeholders Committee -Jose Moran and Gurpal Samra.

CONSENT AGENDA
I. City Treasurer's Investment Report for the Month Ending May 30, 2024.

2. Consideration of a Resolution Accepting the Grand Deed for the Street Right of Way and Public Utility Easement Dedicated by Amba National Limited Company for APN 023-060-001 and Authorize the Interim City Manager to Execute a Certificate of Acceptance for Recording of the Grant Deed. Staff Recommendation: Approve Resolution.

3. Consideration of a Resolution Accepting BID and Award a Contract to TBS Contractors for the East Avenue Pump Station Project and Authorizing the Interim City Manager to Execute the Agreement. Staff Recommendation: Approve Resolution.

4. Consideration of a Resolution Authorizing Approval of Purchase of One ( 1) New Utility Tractor and Loader (2022 John Deere 5075E Utility Tractor and John Deere 520M Loader) from BELKORP AG, LLC, in the Amount of$48,940.79 and Authorizing the Interim City Manager to Execute all Required Documents. Staff Recommendation: Approve Resolution.

Mayor Moran opened and closed public comments at 8:00 p.m. as there were no comments from the public.

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

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Moran, Roth, Wallis, and Samra
None
Soto

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DISCUSSION AND POTENTIAL ACTION ITEMS

5. Consideration of Resolution Submitting Questions at the General Election Regarding the Changing of the Positions of City Clerk and City Treasure from Elective to Appointive Positions and Requesting County to Add it to the Ballot at the Consolidated Statewide Election; Receive Direction from the Council on Council Argument In Favor Of. Staff Recommendation: Approve Resolution and Give Direction on Council Argument In Favor Of.

City Attorney Roy Santos introduced this item and responded to Council questions.

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

Public Comments:

Attendee (did not state name)
Mayor Moran closed public comments at 8:07 p.m. as there were no further comments from the public.

Motion: M/S Moran/Wallis to Approve Resolution Submitting Questions at the General Election Regarding the Changing of the Positions of City Clerk and City Treasure from Elective to Appointive Positions and Requesting County to Add it to the Ballot at the Consolidated Statewide Election. The motion failed by 2-2-1 roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Moran and Wallis
Roth and Samra
Soto

6. Consideration of a Resolution Submitting to the Voters at the General Municipal Election to be Consolidated with the Statewide General Election Held on Tuesday, November 5, 2024, A Measure to Change the Term of the Mayor to Four Years and Limit Consecutive Terms of Councilmembers to Two Terms; Receive Direction from Council on Council Argument In Favor Of. StaffRecommendation:_Approve Resolution and Give Direction on Council Argument In Favor Of.

Mayor Moran introduced this item.

Mayor Moran opened public comments at 8:21 p.m.

Public Comments:

Japjeet Singh
Mayor Moran closed public comments at 8:23 p.m. as there were no further comments from the public.

City Attorney Roy Santos responded to Council questions.

Motion: M/S Wallis to approve the resolution and maintain the status quo of a two-year term for the Mayor and City Council.

Council Member Wallis withdrew his motion.

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No action was taken by the council on this item.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Bring an item for Council appointments to the boards. • Bring back an item to select a Deputy City Clerk to take on the duties of the City Clerk and give proper compensation.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:34 p.m.

City Clerk of the City of Livingston
APPROVED:

Mayor or Mayor Pro Tempore
The written meeting minutes rqjlect a summary ofspec/fic actions taken by the City Council. They do not necessarily rqflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record ~f the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
AUGUST 6, 2024
A Special and Regular Meeting of the Livingston City Council was held on August 6, 2024, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:01 pm.

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

CLOSED SESSION
Mayor Moran opened the meeting for public comments at 6:02 p.m. There were no comments, and the Council went into Closed Session immediately thereafter to discuss the following matters:

6. Conference with Legal Counsel - Existing Litigation
Paragraph ( 1) of subdivision ( d) of Section 54956.9 of the Government Code Name of Case: Jose Ramirez v. City of Livingston, et al., Superior Court of the State of California, County of Merced, Case No. 22CV-0082

7. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Christopher Lopez, Interim City Manager Employee Organizations:

OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees Association.

OE3 - Management/Confidential Bargaining Unit

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OE3 - Livingston Police Officer Association
AFSCME- Public Works and Park Unit
Mayor Moran re-opened and closed public comments at 6:04 p.m. as no comments from the public.

REGULAR MEETING
Mayor Moran called the meeting to order at 7:08 p.m.

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

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

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken. Council will resume closed session after the regular meeting.

CHANGES TO THE AGENDA
Council was in consensus to move agenda item number 17 to the next regular city council meeting per Council Member Roth's request.

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

Citizen Comments
Julio Valadez
The council was in consensus to move agenda item number 18 to the next city council meeting.

Mayor Moran closed citizen comments at 7: 13 p.m. as there were no further comments from the public.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

Merced County Supervisor Rodrigo Espinosa gave a report.

City Staff Announcements and Reports
• John Ramirez, Interim Chief of Police- Fireworks Report.

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City Manager Announcements and Reports
No Report.

City Council Members' Announcements and Reports
No Report.

Mayor's Announcements and Reports.

No Report.

Robert Wallis
• City Council Alternate Liaison - Livingston Planning Commission - Robert Wallis • Merced Integrated Regional Water Management Plan (MIRWMA)-Robert Wallis, Representative and Jason Roth, Alternate Representative.

Jason Roth
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board - Jason Roth, Representative and Gurpal Samra, Alternative. • Merced Integrated Regional Water Management Plan {MIRWMA)- Robert Wallis, Representative and Jason Roth, Alternate Representative. • Merced County Mosquito Abatement District Board of Directors - Gnrpal 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.

Gnrpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gnrpal 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 Gnrpal Samra, Alternate.
• Utility Stakeholders Committee - Jose Moran and Gnrpal Samra.

Jose Moran
• Merced County Association of Governments (MCAG) Governing Board - Jose Moran, Representative and Gnrpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission - Jose Moran and Alternate Liaison Jason Roth.
• Utility Stakeholders Committee - ,Jose Moran and Gnrpal Samra.

CONSENT AGENDA

2. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated July 19, 2024.

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

4. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on December 20, 2022.

5. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 28, 2023.

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

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

8. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 4, 2023.

9. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 18, 2023.

I 0. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 2, 2023.

11. City Treasurer's Investment Report for the Month Ending June 30, 2024.

12. Consideration of a Resolution I) Authorizing the Interim City Manager to File a Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim Form For Fiscal Year 2023/2024 and 2) Authorizing the Finance Department to Make Appropriation Budget Adjustments. Staff Recommendation: Approve Resolution.

13. Consideration ofa Resolution 1) Approving City Staff to Choose and Execute Compliance Pathway B to Comply with the Nitrate Control Program; and 2) Approve a Supplemental Appropriation for the Sewer Enterprise Fund in the Amount of $15,658.16; and 3) Authorize the Interim City Manager to Execute all Required Documents. Staff Recommendation: Approve Resolution.

14. Consideration of a Resolution Authorizing An Additional Expense for Ricky Ricardo Productions to Cover Insurance Expenses for the 4th of July Event. Staff Recommendation: Approve Resolution.

Mayor Moran opened and closed public comments at 7:33 p.m. as there were no comments from the public.

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

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Soto, Wallis, Samra, and Moran.

None
Roth

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RECEIVE AND FILE

1. Gilton's Residential Rate Breakdown.

Public Works Director Anthony Chavarria introduced this item.

Mayor Moran opened and closed public comments at 7:54 p.m. as there were no comments from the public.

DISCUSSION AND POTENTIAL ACTION ITEMS

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

City Attorney Roy Santos introduced this item.

Mayor Moran opened and closed public comments 8:07 p.m. as there were no comments from the public.

The council were in consensus to table item number 20 to the next city council meeting for further clarification and additional information.

PUBLIC HEARINGS

15. Consideration ofan Ordinance of the City Council of the City of Livingston Repealing and Replacing Chapter 2-4, of Title 3 of the Livingston Municipal Code Pe,taining to Itinerant Vendor. Staff Recommendation: Waive the First Reading of the Ordinance by Title Only, Open the Public Hearing, Close the Public Hearing and Approve the Ordinance as Presented.

City Attorney Roy Santos introduced this item and responded to council questions.

Mayor Moran opened public hearing at 8:22 p.m.

Public Comments:

Ariel Hernandez
Mayor Moran closed public comments at 8:26 p.m. as there were no further comments from the public.

Motion: M/S Soto/Wallis to approve Ordinance of the City Council of the City of Livingston Repealing and Replacing Chapter 2-4, of Title 3 of the Livingston Municipal Code Pertaining to Itinerant Vendor. The motion carried 4-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

Council Members:

Wallis, Soto, Samra, and Moran.

None
Roth

DISCUSSION AND POTENTIAL ACTION ITEMS

16. Discussion on Water Quality Related to Arsenic.

City Engineer Noe Martinez and Nick Fontaine introduced this item. They provided a PowerPoint presentation on well location, Arsenic concentration in existing wells, Considerations when

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selecting new well sites, well no. SA, and Funding options for Well No. SA Arsenic Treatment.

They responded to council questions.

Clerk's Note: Mayor Moran stepped out of the dais at 8:48 p.m. and returned at 8:50 p.m.

Mayor Pro-Tem Samra opened public comments at 8:49 p.m.

Public Comments:

Garcia Rose
Mayor Moran closed public comments at 8:52 p.m. as there were no further comments from the public.

Mayor Moran reopened public comments at 9: 11 p.m.

Public Comments:
.lapjeet (did not state last name)
Attendee (did not state name)
Diego Casti Ila
Anthony Chavarria, Public Works Director
Mayor Moran closed public comments at 9: 18 p.m. as there were no further comments from the public.

The Council requested that the item be brought back to provide more information and options on moving forward with two wells, fund options, arsenic filtration on Well 8.

Clerk's Note: Mayor Pro-Tem Samra left the Council Chambers at 9:26 p.m.

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

Item number 17 was tabled to the next city council meeting.

18. Discussion on 4th of July Event Report.

Item number 18 was tabled to the next regular city council meeting.

19. Discussion and Direction Regarding a Fee Waiver for Memorial Park Use for the Livingston High School All Class Reunion to be Held on September 28, 2024.

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

There was a recusal question to City Attorney Santos regarding Council Member Soto. City Attorney Santos confirmed that no recusal is necessary since there is no conflict.

Mayor Moran opened and closed public comments at 9:32 p.m. as there were no comments from the public.

Motion: Wallis/Moran to Allow the Livingston High School All Alumni Reunion group to use Memorial Park and waive any and all fees. The motion carried 3-0-2 by the following roll call vote:

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AYES:

NOES:

ABSENT:

Council Members:

Wallis, Soto, and Moran.

None
Roth, Samra

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor, Council Members, and City Manager provided direction to add the following items to a future agenda:
• Report on how much water is Emerald Textile using.

The council resumed closed session at 9:34 p.m.

CLOSED SESSION ANNOUNCEMENT
There was no reportable action.

ADJOURNMENT
The meeting was adjourned by consensus at approximately I 0:05 p.m.

City Clerk of the City of Livingston
APPROVED:

Mayor or Mayor Pro Tempore
The written meeting minutes r~flect a summa,y qfspecific actions taken by the City Council. They do not necessarily r~flecf all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an qfficial record of the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in December due to the
Thanksgiving Holiday
October 15, 2024
Monica Cisneros, Executive Assistant/Deputy City Clerk
Christopher Lopez, Interim City Manager
RECOMMENDATION:

It is respectfully recommended that the City Council of the City of Livingston ("City Council") adopt a resolution approving the cancellation of the first regular scheduled City Council meeting in December due to the Thanksgiving Holiday.

BACKGROUND AND DISCUSSION:

Section 1-5-1 (A) of the City of Livingston Municipal Code establishes that the City Council shall hold its regular meetings on the first and third Tuesday of each month at the hour of 7:00 p.m. If at any time a regular meeting falls on a holiday, the regular meeting shall be held on the next business day.

Currently, there are no scheduled agenda items for the December 3, 2024, City Council Meeting.

If the City Council does not approve the resolution cancelling the December 3, 2024, regularly scheduled City Council meeting, the regular meeting will be held, per Livingston Municipal Code section 1-5-1 (A).

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Resolution
{CWl30041.1}

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RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

APPROVING THE CANCELLATION OF THE FIRST REGULAR SCHEDULED CITY

COUNCIL MEETING IN DECEMBER DUE TO THE THANKSGIVING HOLIDAY WHEREAS, Section 1-5-1 (A) of the City of Livingston Municipal Code establishes that the City Council shall hold its regular meetings on the first and third Tuesday of each month at the hour of 7:00 p.m. If at any time a regular meeting falls on a holiday, the regular meeting shall be held on the next business day.

WHREAS, currently, there are no scheduled agenda items for the December 3, 2024, City Council Meeting.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON HEREBY RESOLVES:

1. The City Council approves the cancellation of the first Regular Scheduled City Council Meeting in December 3, 2024, due to the Thanksgiving holiday.

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 15th day of October 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
{CW130043.1}
By:-----------

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Jose A. Moran, Mayor
Of City of Livingston

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AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Adopt a Resolution (1) Approving a One (1) Year Professional Service Agreement with WGR Southwest, Inc. for FY 2024/2025 to Assist the City of Livingston with its Storm Water Compliance Program and Plan Review Services in the Amount Not to Exceed $51,762.00 and (2) Authorizing the Interim City Manager to Execute all Required Documents
October 15, 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 a one (1) year professional service agreement with WGR Southwest Inc. for FY 2024/2025 to assist the City of Livingston with its storm water compliance program and plan review services in the amount not to exceed $51,762.00 and (2) Authorizing the Interim City Manager to execute all required documents.

BACKGROUND/ DISCUSSION:

On February 5, 2013, the State Water Board adopted the Phase II Small MS4 General Permit and became effective on July 1, 2013. The permit requirements include inspection of small construction projects, (defined as projects with less than one acre of soil disturbance) that are required to submit project specific Erosion and Sediment Control Plans (ESCPs) for the City to review. The City is also required to maintain an inventory of all the small construction projects.

The City of Livingston previously held a contract with WGR Southwest, Inc. to provide assistance with the City's Storm Water Compliance Program and plan review services for the: Erosion and Sediment Control Plan (ESCP), Storm Water Pollution Prevention Plan (SWPPP), and/or Post Construction Standards Plan (PCSP) that expired on August 1, 2024. The contract with WGR Southwest, Inc. is set for a duration of one (1) year for FY24/25 in the amount not to exceed $51,762.00.

Approval of this agreement with WGR Southwest, Inc. will allow the City to remain in compliance with the Phase II Small MS4 General Permit.

WGR Southwest, Inc. has provided a proposal which includes the following services:
• MS4 Permit Support totaling $26,787.00:
o 2023/2024 Phase II MS4 Annual Reporting & Effectiveness Assessment Preparation o IDDE Outfall Monitoring
o Annual O & M Self Certification Letters
o Updating Inventory Sheets
o Pyrethroid Management Program Assistance
o Implementing and Tracking Trash Management
o Other Miscellaneous Support

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• SWPPP Review Program totaling $11,840.00:
o SWPPP Reviews as part of the Plan Check Process
o ESCP Reviews as part of the Plan Check Process
• Post Construction Standards Plan Program Element totaling $4,300.00:
o Reviews of Project-Specific DSP Plans
• Quarterly Corp Yard Inspections totaling $4,192.00.
• Education and Outreach Support totaling $4,643.00.

FISCAL IMPACT:

The FY 2024-2025 approved Sewer Enterprise Fund (2101-815-4310) budget includes funding to cover services provided by WGR for the current fiscal year.

ATTACHMENTS:

1. Resolution No. 2024-

2. Exhibit "A" Consultant Services Proposal from WGR Southwest, Inc. for the amount of $51,762.00.

3. WGR Southwest, Inc. Professional Service Agreement

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RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) APPROVING A ONE (1) YEAR PROFESSIONAL SERVICE AGREEMENT WITH WGR SOUTHWEST, INC.

FOR FY 2024/2025 TO ASSIST THE CITY OF LIVINGSTON WITH ITS STORM WATER

COMPLIANCE PROGRAM AND PLAN REVIEW SERVICES IN THE AMOUNT NOT TO EXCEED $51,762.00 AND (2) AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE

ALL REQUIRED DOCUMENTS
WHEREAS, on February 5, 2013, the State Water Board adopted the Phase II Small MS4 General Permit and became effective on July 1,2013; and
WHEREAS, the permit requirements include inspection of small construction projects, (defined as projects with less than one acre of soil disturbance) that are required to submit project specific Erosion and Sediment Control Plans (ESCPs) for the City to review; and WHEREAS, the City is also required to maintain an inventory of all the small construction projects; and
WHEREAS, the City of Livingston previously held a contract with WGR Southwest, Inc. to provide assistance with the City's Storm Water Compliance Program and plan review services for the:

Erosion and Sediment Control Plan (ESCP), Storm Water Pollution Prevention Plan (SWPPP), and/or Post Construction Standards Plan (PCSP); and
WHEREAS, the contract with WGR Southwest, Inc. is set for a duration of one (1) year for FY24/25 in the amount not to exceed $51,762.00; and
WHEREAS, approval of this agreement with WGR Southwest, Inc. will allow the City to remain in compliance with the Phase II Small MS4 General Permit; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Section 1. The City Council of the City of Livingston Adopts a Resolution approving a one (1) year professional service agreement with WGR Southwest, Inc. (WGR) for FY 2024/2025 to assist the City of Livingston with its storm water compliance program and plan review services in the amount not to exceed $51,762.00.

Section 2. Authorizing 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 15th day of October 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:
01424.0001/1010828. I Page 1 of 2

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ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
01424.0001/1010828. I
By:-----------

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Jose A. Moran, Mayor
of City of Livingston

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ATTACHMENT A
WGR Southwest, Inc.

Estimated Costs for City of Livingston Phase II MS4 Permit Compliance Program Support July 1, 2024- June 30, 2025
Construction Program Element:

Education & Outreach Su ort E.7 :

City staff educational classes Vlilh WGR (prepare for and give classes) Classes lo be on Post-Construction and ESCP reviews, ood housekee in , inte rated st man a ement for Public
SWPPP Review Pr ram 'E.10 :

ESCP Review as a art of the Plan Check Process
SWPPP Review as a art of the Plan Check Process
Quarter] Cor Yard Ins ections E.11
Visual and Non-Storm Water
Storm Water
Post-Construction Standards Plan Program Element (E.12):

I Review of Project-Specific DSP Plans
Other MS4 Permit Sunnort·
2023-24 Phase II MS4 Annual Report & Effectiveness
Assessment Preoaration (E.14 & E.161
IDDE Outfall Monitorino (2023 & 20241 IE.9.c\
Developing and sending Annual O&M Self-Certification Letters (2024-25) (E.12.i)
Updating Various City Inventory Spreadsheets (E.11.a & b, E.9.b, E.12.h(ii), & Penalty Calculator)
Pyrethroid Management Program Assistance
Trash Management Program implementation and tracking
Misc. Permit Support Respond lo spills, SWPPP updates, ERP updates, City ordiances review, SSOs, or illicit discharges; assist with State I Federal audits and/or corresoondence; Ci/v staff I Additional Costs
I Mileage
8 Senior Compliance Specialist
hours
25 Com liance S ecialist hours
70 Reviews•
8 Reviews•
4 Ins ections
4 Ins eclions
f 1olReviews •
1 Report
1 Annual lnsoection
6 Senior Compliance Specialist
hours
16 Comnliance Soecialist hours
5 Senior Compliance Specialist
hours
20 Comoliance Soecialist hours
2 Senior Compliance Specialist
hours
3 Comnliance Snecialist hours
4 Senior Compliance Specialist
hours
16 Comnliance Sllf'cia!ist hours
15 Senior Compliance Specialist
hours•
60 Comoliance Soecialist hours •
Costs reimbursed lo the City by developer fees Number of projects estimated "Estimated amounts
Sub-totals
@ $171 /hr. $1,368
$131 /hr. $3 275 $4 643
$120 review $8400
$430 review $3 440 $11 840
$524 las ection $2 096 2096
$524 Ins ec\ion $2 096 2096
l@I $430 I review I $4,300 I $4,300 I
@ $4,750 $4,750
foe $1 500 $1 500
@ $171 /he. $1,026
$131 /hr. $2 096
@ $171 /hr. $855
$131 /hr. $2,620
@ $171 /hr. $342
$131 /hr. $393
@ $171 /hr. $684
$131 /he. $2 096
@ $171 /he. $2,565
$131 /hr. $7 860 $26 787
$0.67 I Per Mile 11 ITBD
Total Estimated 2024-25 Cost: $51,762

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CITY OF LIVINGSTON

CONTRACT PRPOFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein "Agreement") is made and entered into on ____ , 2024, by and between the CITY OF LIVINGSTON, a municipal corporation ("City") and WGR Southwest, Inc. (herein "Consultant").

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT
I. 1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 California Labor Law. If the Scope of Services includes any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.5 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of $51,762.00 (Fifty-One Thousand, Seven Hundred, and Sixty-Two Dollars) ("Contract Sum").
01222.000 I /64360 I.I

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2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit "C", and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation ofup to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE
Agreement.
3 .1 Time of Essence. Time is of the essence in the performance of this 3 .2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the 2

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fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (I 0) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one ( 1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). [The City may, in its sole discretion, extend the Term for one (1 )_additional one-year terms.]

4. COORDINATION OF WORK

4.1 Representative of Consultant. Danny Aspiras is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Christopher Lopez [ or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer").

4.3 Prohibition Against Subcontracting or Assignment. Consultant 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. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant 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, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION
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5.1 Insurance Coverages. Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 0 I, in an amount not less than $ I ,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injmy, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability {errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least$ I ,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B".
5 .2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
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(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. ( c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract prov1s10ns (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 5

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(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation ( except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (I) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.
( o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
( q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified 6

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Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Rep01is. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
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( d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. section 101, such documents and materials are hereby deemed "works made for hire" for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Merced, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California.

7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or 8

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different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7 .2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8. I Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9

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8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Livingston, 1416 C Street, Livingston, CA 95334, and in the case of the Consultant, to the person( s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 8 .4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. . 8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining p01iions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.

8.8 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10

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8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that ( s )he/it has not engaged in any act( s ), omission( s ), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act( s ), omission( s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant's Authorized Initials ---

8.11 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. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
I 1

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Monica Cisneros, Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
CITY:

CITY OF LIVINGSTON, a municipal
corporation
Christopher Lopez, Interim City Manager
CONSULT ANT:

WGR Southwest Inc.

By:. ____________ _
Name:

Title:

By:. _____________ _
Name:

Title:

Address: 11780 N. Hwy 99
Lodi CA 95240
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: I) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 12

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF MERCED
On , 2023 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT □ INDIVIDUAL
□ CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)
□ PARTNER(S) □ LIMITED
□ □ ATTORNEY-IN-FACT

GENERAL NUMBER OF PAGES
□ TRUSTEE(S)
□ GUARDIAN/CONSERVATOR
□ OTHER DA TE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01222.000 I /64360 I.I

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STATE OF CALIFORNIA

COUNTY OF MERCED
On , 2023 before me, , personally appeared , proved to me on the basis of satisfactmy evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT □ INDIVIDUAL
□ CORPORA TE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)
□ PARTNER(S) □ LIMITED
□ □ ATTORNEY-IN-FACT

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EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform the following services:

A. Education & Outreach Support
B. ESCP Reviews as part of the Plan Check Process
C. SWPPP Reviews as part of the Plan Check Process
D. Quarterly Corp Yard Inspections
E. Review of Project-Specific DSP Plans
F. Other MS4 Permit Support:
• 2023-24 Phase II MS4 Annual Report & Effectiveness Assessment Preparation (E.14 & E.16)
• IDDE Outfall Monitoring (2023 & 2024) (E.9.c)
• Developing and sending Annual O&M Self-Certification Letters (2024-25) (E.12.i)
• Updating Various City Inventory Spreadsheets (E.11.a & b, E.9.b, E.12.h(ii), & Penalty Calculator)
• Pyrethroid Management Program Assistance
• Trash Management Program implementation and tracking
• Misc. Permit Support Respond to spills, SWPPP updates, ERP updates, City ordiances review, SSOs, or illicit discharges; assist with State/ Federal audits and/or correspondence; City staff I council presentations; Community outreach events; etc.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

C.
0I222.0001164360 I.I A-I

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III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:

A. 2023-24 Phase II MS4 Annual Report & Effectiveness Assessment Preparation B. Plan Review Services for Public Works ( Encroachment Permits) C. Plan Review Services for Building Department
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. Anthony Chavarria
B. Adabel Pirita
C. Noe Martinez
D. Kenny Cabral
E. Miguel Galvez
F. Mmiha Abeloe
01222.0001/643601.I

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0 I 222.000 I /64360 I.I
EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Not Applicable
B-1

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EXHIBIT "C"

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:

WGR South-st, Inc.

Estimated Costs for C ity of l...iving;ston Phase II fllS4 ·Permit Compliance Program Suppcirt July 'I, 2024 - June 30, 2025
Construction Program :Element:

Educalion & Outreach Support IE...7}:

City ~ aff educational classes. with WGR {prepare fOf encl give classes) ctassEIS to be oo Post-Coosrrucllim and ESCP mv,mvs, good hou:sekeeping. integrated pest management for Public Works and Pa.rlcs & Rec.. sraff
SWPPP Relriew Program (E 111):

ESCP Re'liB'lt as a part of the Pl.an Check Process
SWPPP Review as a part of the Pl.an Check Process
Quartedy Corp Yard Inspections (E...111
Visual end Non-Storm Watet:

Storm Water
Poat-Conslr,uction Stand.aTds Plan !Program Element tE.12}:

Review of Projacl-Specific DSP Plans
Olher MS41 ,Permit Support
2023c24 Phase II t,1S4. Annual Report & Effecti'IEneas AliSoosmenl PirAnJ>ralion IE.14 & E.16_1
IOOE OU!fall Mcritoring (2023 & 20'24} (E.9.c)
OewJOfl(llg· and sencing Anooal O&M Self-Certificaoon. Leiters (2024- 25} (E.12.i)
Updaiing Various City !nventory Spreadi;haela (E. 11.e & b. E. 9.b.

E.12.h(ii). & P1ma.lty CatcrrlatCNj
Pyirethroid Management Program A.ssistanoe
Trash Management l?Togram impt,emenialian and lrding
Misc.. Permit Support Res.pond lo sp/,Vs. SWPPP updates., ERP updates. Ciiy OJmilnoos l'll'View. SSOs.. or iftir::it disr;-ba,ges; assist with State I .Federal audits and/or cotm.5p01Jdenoo: Cily staff I cormcil presentations; Commuro1youtraar,h a11ents; ate.

Additional Costs
!Mileage
8 Senior CompliBIICO Specialist
hataS
~ Comp(ience Specialist hours
70 Revie.'l.rs •
8 RevieY1&•
4 Inspections
4 !nspecliona
10 Re'liev.rs •
1 Repori
1 .Amual Inspection
G SeniOf Comp(iar,;;e, Specialist
h!K.6
16 Comp{iance Spooialisi. hours
5 SeniOf Comp{ianoo Specialist
ha~
20 Compfianc:e Specialist hours
2 SeriiOf Comp{ieR;e Specialist
hows
3 Comp(iance Spooialisl hours
4 SeniOf Comp(iaooe Specialist
hours
16 Comptiance, Spooialisl houra
15 SeniOf Compl'ian:::e Specialise
hOO"S •
00 Comp(iance Specialis.I hours •
Costs raimbursed to Iha Ciiy by de11eJoper fa-es. Number of projects estimated. "Estimated amounts
C-1
0 I 222.0001/643601. I
@ $171 1hr. Sl,368
@ $131 1hr. S3.275
@ $120 reviev, $S OO
@ s,131) revia'II $3,440
@ $524 lnspeciian $2,096
@ $52•1 lnspEciian $2,096
@ $430 re¥ie•11 S4.30O
@ SAl.750 SU50
for S.1,500 Sl,50O
@ 5171 J'hr. S1.02G
@ $131 ,'hr. S2,096
@ S171 1'hr. S855
@ S.131 /hr. S2,620
@ sm 1hr. $342
@ 5131 1hr. S:393
@ S.171 ~hr. $684
@ S,131 1hr. S2,096
@ S,171 /hr. $2,56§
@ $13 1 /hr. $7,860
$0.67 !Per Mile ITBD
To1al Estimated 2024-25 Cc
Sub-rotals
$4,643
$11,840
$2,096
$2,096
$4,300
$26,787
$51,762

Page 128 ends

II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

VI. Consultant's billing rates for all personnel are attached as Exhibit C-1. 01222.0001/643601.I

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EXHIBIT "D"

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

Days to Perform Deadline Date
A. Task A
B. TaskB
C. TaskC
II. Consultant shall deliver the following tangible work products to the City by the following dates.

HI. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

D-1
01222.000 I /64360 I.I

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AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution (1) Approving a One (1) Year Professional Service Agreement with Holt of California to Perform Annual Level Two (2) PM Service, in the Amount not to Exceed $33,402.49, (2) Authorizing the Finance Department to make appropriation budget adjustments, and (3) Authorizing the Interim City Manager to Execute all Required Documents
October 15, 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 of Livingston (1) Approving a one (1) year professional service agreement with Holt of California to perform annual level two (2) PM service, in the amount not to exceed $33,402.49, (2) Authorizing the Finance Department to make appropriation budget adjustments. The service has been competitively solicited by Sourcewell, and negotiated prices for the service are reasonable and on par with previous services of a similar type undertaken by other public agencies, and (3) Authorizing the Interim City Manager to execute all required documents.

BACKGROUND:

The City of Livingston owns and operates sixteen (16) emergency generators. Eight (8) are dedicated to water distribution sites (wells & tank sites), three (3) belong to sanitary sewer lift stations, two (2) are located at the Wastewater Treatment Plant, one (1) is at the Livingston Police Department, one (1) is shared between City Hall and the Fire Department and the last one (1) is at the Public Works Corporation Yard.

Emergency generators in a city serve a crucial role in ensuring continuity of essential services during power outages, emergencies, or other unforeseen events. Here are some common uses of emergency generators in a city:

1. **Emergency Services**: Emergency generators are vital for powering critical services such as our fire station and police station. These facilities require uninterrupted power to operate life-saving equipment, communication systems, and lighting.

2. **Water Treatment, Wastewater Treatment and Sanitary Lift Stations**: Emergency generators are used to power water treatment plants and pumping stations to ensure access to clean water for residents during outages. Maintaining water supply is essential for public health and sanitation.

3. **Communication Systems**: Citywide communication systems, including emergency broadcast systems, dispatch centers, and telecommunications infrastructure, often rely on emergency generators to stay operational during power disruptions. This ensures effective coordination and dissemination of information during emergencies.

Page 1 ends

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4. **Government Buildings**: Critical government buildings, including city halls, administrative offices, and essential services centers, use emergency generators to maintain operations during outages. This ensures that key municipal functions continue uninterrupted.

Overall, emergency generators in a city play a vital role in sustaining essential services, protecting public safety, and ensuring resilience in the face of emergencies or power disruptions. They are a crucial component of urban infrastructure for maintaining continuity and supporting the well-being of residents.

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 maintenance and service agreement will be purchased through SourceWell's contract with Holt of California. The quote for the service is attached.

FISCAL IMPACT:

Staff is requesting authorizing the Finance Department to make a supplemental appropriation to FY 2024-2025 budget to the Administration, Police Department, Fire Department, Public Works, Water and Wastewater Funds totaling $33,402.49.

Department Account Amount
Administration 1100-101-4431 $864.52
Police Department 1100-102-4431 $1,354.29
Fire Department 1100-103-4431 $864.53
Public Works 1100-105-4431 $1,836.20
Water 2100-810-4431 $17,690.20
Wastewater 2101-815-4431 $10,792.75
Total $33,402.49
ATTACHMENTS:

1. Resolution No. 2024-

2. Exhibit "A" Cost Proposal from Holt of California for $33,402.49

3. Exhibit "B" Holt of California detailed scope of services

4. Exhibit "C" Professional Service Agreement with Holt of California

Page 2 ends

Page 132 ends

RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) APPROVING A ONE (1) YEAR PROFESSIONAL SERVICE AGREEMENT WITH HOLT OF CALIFORNIA TO PERFORM ANNUAL LEVEL TWO (2) PM SERVICE, IN THE AMOUNT NOT TO EXCEED $33,402.49, (2) AUTHORIZING THE FINANCE DEPARTMENT TO MAKE APPROPRIATION BUDGET ADJUSTMENTS, AND (3) AUTHORIZING THE INTERIM CITY MANAGER TO

EXECUTE ALL REQUIRED DOCUMENTS
WHEREAS, the City of Livingston owns and operates sixteen (16) emergency generators and eight (8) are dedicated to water distribution sites (wells & tank sites), three (3) belong to sanitary sewer lift stations, two (2) are located at the Wastewater Treatment Plant, one (1) is at the Livingston Police Department, one (1) is shared between City Hall and the Fire Dept. and the last one (1) is at the Public Works Corporation Yard; and
WHEREAS, emergency generators in a city serve a crucial role in ensuring continuity of essential services during power outages, emergencies, or other unforeseen events; and WHEREAS, emergency generators are vital for powering critical services such as our fire station and police station and these facilities require uninterrupted power to operate life-saving equipment, communication systems, and lighting; and
WHEREAS, emergency generators are used to power water treatment plants and pumping stations to ensure access to clean water for residents during outages and maintaining water supply is essential for public health and sanitation; and WHEREAS, citywide communication systems, including emergency broadcast systems, dispatch centers, and telecommunications infrastructure, often rely on emergency generators to stay operational during power disruptions and this ensures effective coordination and dissemination of information during emergencies; and
WHEREAS, critical _government buildings, including city halls, administrative offices, and essential services centers, use emergency generators to maintain operations during outages and this ensures that key municipal functions continue uninterrupted; and WHEREAS, overall, emergency generators in a city play a vital role in sustaining essential services, protecting public safety, and ensuring resilience in the face of emergencies or power disruptions; and
WHEREAS, they are a crucial component of urban infrastructure for maintaining continuity and supporting the well-being of residents; and
WHEREAS, Sourcewell has competitively solicited contracts for maintenance services; and WHEREAS, the City is a member of Sourcewell, and desires to take advantage of its purchasing process; and
WHEREAS, the negotiated prices for the services are reasonable and on par with previous services of a similar type undertaken by other public agencies; and 01424.0001/1010825.1 Page 1 of 2

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WHEREAS, the City has also met the requirements to sole source the services pursuant to City its purchasing policies; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

LIVINGSTON
Section 1. Approving a one (1) year Professional Service Agreement with Holt of California to perform annual level two (2) PM service, in the amount not to exceed $33,402.49. The service has been competitively solicited by Sourcewell, and negotiated prices for the service are reasonable and on par with previous services of a similar type undertaken by other public agencies.

Section 2. Authorizing the Finance Department to make a supplemental appropriation to the Administration Fund in the amount of $864.52, Police Department Fund in the amount of $1,354.29, Fire Department Fund in the amount of $864.53, Public Works Fund in the amount of $1,836.20, Water Fund in the amount of $17,690.20 and the Wastewater Fund in the amount of $10,792.75 totaling $33,402.49 to FY 2024-2025 budget.

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

Section 4. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2024-_is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 151h day of October 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
01424.0001/1010825.1
By:-----------

Page 2 of 2 ends

Jose A. Moran, Mayor
of City of Livingston

Page 134 ends

Exhibit A
HOLT
of California ml
3850 Channel Drive West Sacramento, CA 95691-3443, or PO Box X - Sacramento, CA 95813 July 30, 2024
City of Livi ngston
2238 Walnut Ave
Livingston
Holt of California is pleased to provide you with a proposal for a 1-Year Planned Maintenance service for your emergency generator sets. Holt provides maintenance services in accordance with the National Fire Protection Association (NFPA), the National Electrical Code (NEC), the Office of Statewide Health Planning and Development (OSHPD), the Life Safety Code, and the Joint Commission.

In addition to your 1-Year Planned Maintenance Services, Holt of California also recommends having a two (2) hour, Resistive Load Bank Test performed, in conjunction with your annual P.M. service, to maintain compliance with the NFPA 99 and NFPA 110 standards. This test will help prevent a condition known as "wet stacking", which is the presence of carbon or unburned fuel in the exhaust system and is required in applications not meeting sections 6-4.2 of the NFPA 11 0 code.

This PM Agreement includes a 5% Parts and Labor discount through Caterpillar's contract #092222-CAT or #120617 with Source well Program.

Emergency Generator, Caterpillar, Tank Site
Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Emergency Generator, Blue Star, WWTP
Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Model#3208
Sub-total
Model #VD125
Sub-total
S/N: 3KJ00769
$ 445.11
$ 289.38
$ 734.49
$ 56.92
$ 1,792.65
$2,584.06
S/N: 124494-1-1
$ 359.50
$ 267.65
$ 627. 15
$ 48.60
$1,370.85
$2,046.60

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City of Livingston

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Emergency Generator, Cummins, WWTP Model #500DFEK
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Generac, Well#15 Model #99A01271
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Generac, Well#ll Model #1526540100 Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, MO, Police Dept Model #DCA-25SSIU
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Kohler, City Hall Model #80REOZJF
Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
S/N: G030528717
$ 658.75
$ 242.85
$ 901.60
$ 69.87
1 898.10
$2,869.57
S/N: 2046642
$ 359.50
$ 267.65
$ 627.15
$ 48.60
$ 1 370.85
$ 2.046.60
S/N: 2062527
$ 359.50
$ 267.65
$ 627.15
$ 48.60
I 370.85
$2,046.60
S/N: 7103102
$ 169.50
$ 206.59
$ 376.09
$ 29.15
949.05
$1,354.29
S/N: SGM32JVJH
$ 312.00
$ 216.17
$ 528.17
$ 40.93
I 159.95
$1,729.05

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City of Livingston

Page 3 ends

Emergency Generator. Generac. Well#l 7 Model #SD250
Parts - oil, filters, and oil & coolant samples
Misc mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins. 99 Lift Model #DGDB-5701473 Parts - oil, filters, and oil & coolant samples
Misc mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator. Cummin, Well#13 Model #DODAA-7065476 Parts - oil, filters, and oil & coolant samples
Misc mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator. Cummins, Well#14 Model #DGFA-4960367 Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins, Lilac Lift Model #DSHAE-5764398 Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
S/N: 3000298448
$ 464.00
$ 227.75
$ 691.75
$ 53.61
I 476.30
$ 2,221.66
S/N: A050732744
$ 278.75
$ 232.61
$ 511.36
$ 39.63
l 476.30
$2,027.29
S/N: C080167150
$ 445.00
$ 230.06
$ 675.60
$ 52.36
1 687.20
$2,415.16
S/N: F010247958
$ 388.00
$ 224.33
$ 612.33
$ 47.46
1 476.30
$2,136.09
S/N: F060929625
$ 359.50
$ 223.05
$ 582.55
$ 45.15
1 476.30
$2,104.00

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City of Livingston
Page4 of5
Emergency Generator, Cummins, Well#l6 Model #DSHAC-5776913 Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Onan, Well#8 Model #125kw
Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, CAT, Co Lane Lift Model #D60
Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Kohler, Corp Yard Model #80REOZJF
Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Total for 2024 PM 2 services including al!))licable taxes:

S/N: l060976578
$ 445.00
$ 226.90
$ 671.90
$ 52.07
$ 1,476.30
$2,200.27
S/N: K780374968
$ 331.00
$ 221.29
$ 552.29
$ 42.80
$ 1,444.67
$2,039.76
S/N: NCD00266
$ 231.25
$ 214.12
$ 445.37
$ 34.52
$ 1,265.40
$1 ,745.29
S/N: SGM32JVJJ
$ 312.00
$ 217.75
$ 529.75
$ 41.05
$ 1,265.40
$1,836.20
$33 402.49
Prices mentioned do not include applicable taxes, repairs outside the scope of the Planned Maintenance services, or overtime premiums.

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City of Livingston

Page 5 ends

Warranty Term:

Holt of California's warranty term is (12) months for workmanship and (12) months for Parts.

EXCLUSIONS AND/OR LIMITATIONS:

Indemnification:

Holt of California's responsibility in this agreement is limited to equipment inspection as outlined in the attached "Detailed Description of Service Levels", and as modified accordingly within this agreement.

Holt of California does not guarantee the detection or the replacement of worn components, the proper operation of the equipment in the event ofa power failure, or any other circumstances outside the control of Holt of California. The Customer agrees to indemnify Holt of California and its officers, agents, or representatives from all claims and causes of action, that may arise directly or indirectly out of the failure of the equipment, or any part thereof, service by Holt of California.

TERM AGREEMENT:

This service agreement is valid from August I, 2024, through June 30, 2025, and may be canceled at any time with thirty- (30) days' written notice by either party. Without a signed agreement, this offer is valid for sixty- (60) days, after which pricing and/or terms may be adjusted accordingly.

We appreciate the opportunity to be of service to you. If you have any questions, please feel free to contact Bonnie Terry at {916) 416-2921 or by email: [email protected] By signing below, Holt of California agrees to provide the above-mentioned services at the pricing listed.

The City of Livingston agrees to the terms mentioned herein and hereby authorizes commencement of services.

Bonnie Terry
Product Support Representative
Power Systems Division

HOLT OF CALIFORNIA
Cell: (916)416-2921
Office/ After-hours: (916) 373-4155
Date Representative Date
City of Livingston

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HOLT
of Calil'Grnia rm
Power Systems Service: Electric Power, Petroleum. lndustrial-1-916-373-4155-www,holtca.com/psservjce Detailed Scope of Services
Level 1 PM (Recommended Semi-annual or Quarterly)

1.0 GENERAL

1.1 Visual inspection of the overall condition of the generating set for foreign objects, loose or broken fittings, guards, and other components.

2.0 AIR INDUCTION AND EXHAUST SYSTEM
Exhibit B

2.1 Air Service Indicator - Inspection and notation of the reading on service indicator (if applicable).

2.2 Air Filter-Visual inspection (replace when required at an additional cost).

2.3 Air Inlet System - Inspection of piping/ducting for damage, loose connections and inspect for proper louver or inlet air fan operation (if applicable).

2.4 Turbocharger-Visual inspection for signs of wet stacking, exhaust leakage or external damage.

2.5 Exhaust Manifold - Inspection for damage, lose or missing hardware and evidence of wet stacking and exhaust leaks.

2.6 Exhaust Silencer/After treatment-Visual inspection of overall condition, wet stacking, exhaust leaks, loose, broke and missing fasteners, and after treatment high back pressure alarms (if applicable). Check for proper rain cap operation and exhaust fan operation.

3.0 COOLING SYSTEM

3.1 Radiator/Heat Exchanger-Visual inspection for leaks, damage, and debris. Inspect louvers for proper operation (if applicable).

3.2 Coolant- Inspect for proper level, conditioner level, proper freeze point, and visual inspection for color quality. Inspect radiator cap for signs of leaking, damage, and deteriorating sealing gasket.

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3.3 Hoses and Connections -Visually inspect hoses, clamps, and connections for leaks, bulging, and collapsing.

3.4 Fan Drive Assembly- Check for proper operation (no slipping) while engine is running and check for signs of slipping on adjacent components. Inspect fan belt for proper tightness and for any wear cracks. Check shiv for glossing and wear.

3.5 Jacket Water Heater-Check and record temperature and check upper hose for hardening, ensure circulation is adequate throughout the engine.

3.6 Water Pump-Visual inspection for coolant leaks out of flanges and weep holes.

3.7 Temperature Thermostats (regulators)- Infrared analysis before and after the regulators prior to starting engine to check for signs of open thermostats. Run engine and record engine coolant temperature after cooling system has stabilized.

4.0 FUEL SYSTEM

4.1 Fuel Lines and Connections - Inspect for leaks and condition of hoses (if applicable).

4.2 Governor- Inspection of controls and linkage for proper operation (if applicable).

4.3 Fuel Filters (primary and secondary) - Inspect for leaks and external damage. Inspect water trap bowls on primary filters for water and sediment (if Applicable).

4.4 Day Tank-Check and record fuel level. Visual inspection for leaks and test operation of the transfer pump (if applicable).

4.5 Main Fuel Tank- Check and record fuel level. Visual inspection for damage, fuel leaks and signs of water entry (if applicable).

4.6 Engine Fuel Priming Pump - Inspect for leaks (if applicable).

4.7 Fuel Pressure -Check fuel pressure while engine is running and record if an external gauge is present.

5.0 LUBE OIL SYSTEM

5.1 Oil Level-Check for proper oil level and contamination of oil on level gauge. Check for external oil leaks.

5.2 Oil Pressure -Check and record engine oil pressure while engine is running if an external gauge exists.

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5.3 Crankcase Breather-Visual inspection for damage leaks and excessive blow-by while the engine is running.

5.4 Oil Sampling-Obtain oil sample for laboratory analysis; TBN check for extended oil change intervals (if applicable).

6.0 ENGINE STARTING SYSTEM

6.1 Batteries - Maintain electrolyte level, clean and tighten post connections as needed, Battery analyzer test and record voltage drop while engine is cranking for lead acid batteries.

6.2 Battery Charger-Verify proper float and boost operation, adjust float to match battery type where applicable, and inspect for loose and deteriorated wiring.

6.3 Starter Motor-Verify connections are tight and clean. While cranking listen for abnormal engagement and cranking noises. Check amperage draw while cranking and record findings.

6.4 Charging Alternator-Check belts for looseness and deterioration, record DC voltage during engine operation and record maximum amperage output; compare with specifications.

7.0 CONTROL PANEL

7.1 Start Controls - Check manual/auto start switch for proper operation. Check automatic start function and return to the "auto" position after testing; record position of manual/auto switch after testing (if applicable).

7.2 Metering-Verify that the voltage and engine parameter gauges function while engine is operating, record the readings of each after engine operation has stabilized (if applicable).

7.3 Emergency stop-Test for proper operation and annunciation; return switch to run position and record switch position after testing (if applicable).

7.4 Remote Annunciator- Lamp test to check for presence of DC voltage and correct lamp operation (if applicable).

7.5 Control panel-operation and test.

7.6 Safety Shutdowns - Test for proper safety shutdown operation and annunciation (if applicable).

8.0 GENERATOR MECHANICAL (if applicable)

8.1 Space Heaters -Check for proper operation (if applicable).

Page 142 ends

8.2 Generator-visual Inspection of generator for foreign material, dirt, and grease/oil accumulation.

8.3 Vibration Isolators -Check for proper adjustment and condition of mounting hardware. Visual inspection of generator set for movement while starting.

8.4 Main Circuit Breaker- Open and close circuit breaker; record breaker position after testing.

9.0 AUTOMATIC TRANSFER SWITCH (if applicable) - (inspection includes one ATS) 9.1 Monitor source voltage indicators while engine is running.

9.2 Perform visual inspection of inside the ATS, with proper personal protective clothing on, and check for hot spots with infrared thermometer if proper ARC flash study has been performed.

9.3 With customer approval, perform building load test and observe ATS operation until engine cool down and shutdown sequence occurs.

Level 2 PM (includes items listed in Level 1 PM. Recommended annually)

10.0 COOLING SYSTEM

10.1 Coolant - Obtain coolant sample for level two laboratory analysis.

10.2 Radiator Cap - Pressure test radiator cap for proper operation

10.3 Radiator- Pressure test radiator (if applicable).

11.0 FUEL SYSTEM

11.1 Fuel - Obtain fuel sample from main tank for laboratory analysis (if applicable).

11.2 Filters - Replace engine fuel filters (if applicable).

12.0 LUBE OIL SYSTEM

12.1 Oil- Replace engine oil and record level after engine testing (unless approved for extended intervals)

12.2 Filters - Replace engine oil filters.

13.0 STARTING SYSTEM

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13.1 Magnetic Pickup Sensor - Remove sensor and clean. Reinstall sensor and set to the proper depth. Record voltage output while engine is running (if applicable).

13.2 Starter Motor - On units with multiple starters verify each starter operates properly.

13.3 Replace batteries at 3 year intervals.

14.0 GENERATOR MECHANICAL (if applicable)

14.1 Exciter/PMG- Check and record exciter clearance if accessible.

14.2 Conductors - Check AC conductors for insulation damage within the marshaling box.

14.3 Bearing- Lubricate generator bearings (if applicable).

Cooling System Service (Recommended every three years)

15.0AIR INDUCTION AND EXHAUST SYSTEM

15.1 Separate Circuit Aftercooler (if applicable) - Drain coolant and flush the aftercooler system with fresh water (or chemicals if applicable). Replenish aftercooler system with new coolant and purge air from system when full.

16.0 COOLING SYSTEM

16.1 Coolant- Drain coolant, and flush up to 4 times with fresh water (and/or chemicals if applicable) until flush water clears. Replenish cooling system with new coolant and purge system of air when full.

16.2 Hoses and Connections - Replace all cooling system hoses including jacket water heater hoses; for all connections using worm-gear clamps replace clamps as needed.

16.3 Fan Belts - Replace engine fan belts; after final operational check the unit to verify belt tension.

16.4 Temperature Thermostats - Replace engine cooling system thermostats and seals.

16.5 Fan -Check for broken fan blades and foreign debris.

17.0 ENGINE STARTING SYSTEM
17 .1 Charging Alternator- Replace alternator belt(s).

Resistive - Resistive/Reactive Load Bank Testing (Recommended annually)

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18.0 RESISTIVE/ REACTIVE LOAD BANK TEST

18.1 Connect load bank to generator output

18.2 Start engine and record baseline readings (Engine: Oil Pres, Water temp, Fuel pressure, RPM, D.C. Voltage, & Exhaust temp.

Generator: A.C. Voltages across all phases, Amperage@ each phase, Frequency, Power, Power Factor, & Ambient
temp.)

18.3 Apply load to generator at required levels and at required intervals. Monitor unit and recording readings at required
intervals for duration of load bank test.

18.4 Complete Load Bank Data Sheet and provide copy to customer.

REV 2 B.W. 3.18.28

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CITY OF LIVINGSTON

CONTRACT PROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein "Agreement") is made and entered into on October 15, 2024, by and between the CITY OF LIVINGSTON, a municipal corporation ("City") and Holt of California CAT (herein "Consultant").

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULT ANT
I. I Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of$ 33,402.49 Dollars "Thirty-Three Thousand, Four Hundred, Two Dollars and Forty-Nine Cents".
01222.0001/643601.I

Page 146 ends

2.2 Invoices. Annually Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit "C" and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five ( 45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

3. PERFORMANCE SCHEDULE
Agreement.
3 .1 Time of Essence. Time 1s of the essence in the performance of this

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

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fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding l year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). [The City may, in its sole discretion, extend the Term for l additional one-year terms.]

4. COO RD INA TION OF WORK

4.1 Representative of Consultant. Bonnie Terry is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. City Manager [ or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer").

5. INSURANCE AND INDEMNIFICATION
3

Page 148 ends

5.1 Insurance Coverages. Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).
( e) Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverage for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B".
5 .2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to 4

Page 149 ends

property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. ( c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. ( e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract prov1s1ons (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation ( except for 5

Page 150 ends

nonpayment for which a ten (I 0) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.
( o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
( q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatmy claims, damages to persons or 6

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property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena.
( c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
( d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, 7

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interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. section IOI, such documents and materials are hereby deemed "works made for hire" for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

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8. MISCELLANEOUS

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the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Livingston, 1416 C Street, Livingston, CA 95334, and in the case of the Consultant, to the person( s) at the address designated on the execution page of this Agreement.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.8 Interpretation.

8.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

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Livingston City CouncilOctober 15, 2024

Livingston City Council
October 15, 2024