1 CITY COUNCIL REGULAR MEETING AGENDA
DECEMBER 17, 2024
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 Regular Meeting on December 17, 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).
CALL TO ORDER Next Resolution No.: 2024-80
Next Ordinance No.: 658
Pledge of Allegiance.
Moment of Silence – First Responders and Military Members. 2 Roll Call.
Closed Session Announcement.
Changes to the Agenda.
CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.
ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.
City Staff Announcements and Reports.
City Manager Announcements and Reports.
City Council Members’ Announcements and Reports.
Mayor’s Announcements and Reports.
Robert Wallis
• City Council Alternate Liaison - Livingston Planning Commission – Robert Wallis • Merced Integrated Regional Water Management Plan (MIRWMA) – Robert Wallis, Representative and Jason Roth, Alternate Representative.
Jason Roth
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Jason Roth, Representative and Gurpal Samra, Alternative.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Robert Wallis, Representative and Jason Roth, Alternate Representative. • Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Jason Roth.
Maria Soto
• Merced County Local Agency Formation Commission (LAFCO) – Maria Soto, Representative. • Central Valley Division League of California Cities – Maria Soto, Representative and Vacant, Alternate.
Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
3 • 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.
AWARDS, PRESENTATIONS, PROCLAMATIONS
1. Presentation by Mayor Moran: Service Recognition of Councilmember Maria Soto.
2. Presentation by Mayor Moran: Service Recognition of Councilmember Robert Wallis.
3. Presentation by Mayor Moran: Service Recognition of Former Councilmember Jatinder Mann.
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.
4. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated November 27, 2024.
5. City Treasurer’s Investment Report for the Month Ending October 31, 2024.
6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on November 19, 2024.
7. Consideration of a Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in January Due to the New Year’s Holiday. Staff Recommendation: Approve Resolution.
8. Consideration of a Resolution Authorizing the Interim City Manager to Execute a Purchase Order with Aqua Metric, in an Amount Not to Exceed $35,000 for Fiscal Year 2024/2025 and $35,000 Per Year for Fiscal Year 2025/2026 and Fiscal Year 2026/2027. The Total Amount is Not to Exceed $105,000 for the Purchases of Water Meters, Meter Transceiver Units (MXUS), Meter Registers, Etc.
Staff Recommendation: Approve Resolution.
9. Amendment No. 2 to the Local Early Action Planning (LEAP) Grant Program Contract No. 15259 to 4 Apply Grant Funding on City Incurred Costs Associated with Preparation of the City’s 6th Cycle Housing Element Update. (Information Only).
10. Consideration of a Resolution Approving the Purchase of One (1) New Portable Message Board From TAPCO in the Amount of $21,716.31 and Authorizing the Interim City Manager to Execute all Required Documents. Staff Recommendation: Approve Resolution.
11. Consideration of a Resolution Awarding a Contract to Gouveia Engineering, Inc. and Authorizing the Interim City Manager to Execute the Agreement for On-Call Engineering Services for Federally Funded Transportation Projects for the City of Livingston Not to Exceed an Amount of $878,600 for a five (5) Year Contract. Staff Recommendation: Approve Resolution.
12. Consideration of a Resolution Approving a Four (4) Year Professional Service Agreement with Mike Reavill for Streaming Services for the City Council Meetings in an Amount Not to Exceed $64,000 and Authorizing the Interim City Manager to Execute all Required Documents. Staff Recommendation: Approve Resolution.
13. Authorize City Staff to Proceed with Relocating Well No. 18 to Lucero Park, Proceed with Preparation of Plans, Specifications, and Contract Documents for Constructing Test Well No. 18, and Soliciting Construction Bids.
INVOCATION
14. Livingston Police Chaplain Mike Outten.
CONFIRMATION OF THE RESULTS OF THE CANVASS OF THE MUNICIPAL ELECTION
15. Consideration of a Resolution of the City Council of the City of Livingston Confirming the Canvass by the Merced County Registrar of Voters and Declaring the Results of November 5, 2024, General Municipal Election. Staff Recommendation: Approve Resolution.
OATHS OF OFFICE
16. City Clerk will administer the Oath of Office to Mayor-Elect.
17. Mayor will administer the Oath of Office to Council Members-Elect
DISCUSSION AND POTENTIAL ACTION ITEMS
18. Consideration of a Resolution Appointing Arturo Sicarios, the Recipient of the Third (3rd) Highest Election Vote Total for the Open City Council Positions as Certified by the Merced County Registrar of Voters, to Fill the Vacant City Council Seat Created by the Resignation of Councilmember Elect Rodrigo Espinosa.
CITY COUNCIL REORGANIZATION
19. Nomination and Election of Mayor Pro-Tempore.
5 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.
1. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Christopher Lopez, Interim City Manager Employee Organizations:
OE3- Police Supervisory Employees Association.
OE3- Livingston Police Officer Association
2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d):
Two (2) matter.
3. Conference with Legal Counsel – Anticipated Litigation Deciding whether to initiate litigation pursuant to paragraph 4 of subdivision (d) of Government Code Section 54956.9: One (1) Case, Claim #4A2311H2J24-0001.
4. Conference with Legal Counsel – Anticipated Litigation Deciding whether to initiate litigation pursuant to paragraph 4 of subdivision (d) of Government Code Section 54956.9: One (1) Case, Merced County.
5. Conference with Legal Counsel – Pending Litigation pursuant to paragraph 4 of subdivision (d) of Government Code Section 54956.9: Jose Ramirez v. City of Livingston, et al., Case No. 22CV0082.
PUBLIC HEARING
20. Waive First Reading of the Ordinance by Title Only and Approve Ordinance of the City of Council of the City of Livingston Amending Title 4, Chapter 2, Section 10 of the Livingston the Municipal Code Regarding Freeway Oriented Signs. Staff Recommendation: Waive First Reading, open and close Public Comment, and approve Ordinance by title only.
DISCUSSION AND POTENTIAL ACTION ITEMS
21. City’s Water Capacity Update.
6 22. Consideration of a Resolution Authorizing the Mayor or the City Manager to Execute Agreements with the California Department of Tax and Fees Administration for the Implementation of a Local Transactions and Use Tax and Resolution Authorizing Examination of Sales or Transactions and Use Tax Records. Staff Recommendation: Approve Resolutions.
23. Discussion and Direction Regarding the Amount of Food Trucks Allowed in the City.
24. Discussion and Consideration of Appointment of City Treasurer.
25. Consideration of a Resolution Approving an Administrative Fee for Processing Itinerant Vendor Applications within the City of Livingston. Staff Recommendation: Approve Resolution.
ADJOURNMENT