1 AMENDED
CITY COUNCIL SPECIAL MEETING AGENDA
JANUARY 13, 2025
6:00 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 on January 13, 2025, 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
Pledge of Allegiance.
Moment of Silence – First Responders and Military Members.
Roll Call.
Changes to the Agenda.
2 CITIZEN COMMENTS
At a special meeting, members of the public wishing to address the Council for any matter on the agenda may do so at this time. Note, under the provisions of the California Government Code, the City Council is prohibited from discussing or taking action on any item not on the agenda. Comments are normally limited to three (3) minutes.
Please note that under California Government Code section 54954.3(a) (The Brown Act), Special Meeting agendas need only provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the meeting agenda before or at the end of consideration of the item. The public will have an opportunity to comment on matters not on the agenda at regularly scheduled Council Meetings.
CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.
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, 663 Main Street, Livingston, California.
1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d):
Three (3) matters.
2. 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.
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, Merced County.
4. 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.
5. Public Employee Appointment- (Government Code Section 54957) Title: Acting City Manager.
6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Interim City Manager
Pursuant to Government Code Section 54957
3 DISCUSSION AND POTENTIAL ACTION ITEMS
7. Consideration of a Policy Establishing the Manner in Which the City of Livingston Establishes the Agendas for City Council Meetings.
8. Discussion and Consideration of Appointment of City Treasurer.
9. Consider and Discuss the City of Livingston City Council’s Options for Filling the City Council Seat Vacated by Elected Councilmember Rodrigo Espinosa, and Take Action Related to Filling the Vacancy.
10. Consideration of the City of Livingston representative appointment for the Merced County Association of Governments ("MCAG").
ADJOURNMENT
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
DISCUSSION:
STAFF REPORT e -
.
Consideration of a Policy Establishing the Manner in Which the City of Livingston Establishes the Agendas for City Council Meetings January 13, 2025
Christopher Lopez, Interim City Manager
Council member Mayor Jose Moran requested this item be discussed to provide direction regarding the consideration of a Policy Establishing the Manner in Which the City of Livingston Establishes the Agendas for City Council Meetings.
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Discussion and Consideration of Appointment of City Treasurer January 13, 2025
Roy Santos, City Attorney
Monica Cisneros, Deputy City Clerk
Christopher Lopez, Interim City Manager
RECOMMENDATION:
Discussion and provide direction.
BACKGROUND:
The City Treasurer is an elected office in the City of Livingston. No person ran for election for Treasurer in the November 5, 2004 election. Therefore, there is a vacancy in the office of the Treasurer.
DISCUSSION:
California Government Code Section 36512 describes the actions to be taken in connection with a vacancy in an office. It states that if a vacancy occurs in an elective office the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. If the council fills the vacancy by appointment, and the vacancy occurs within the first half of the term and at least 130 days prior to the next general election, the person shall hold office until the next general election, where the position will be up for election again and filled for the remainder of the term. Therefore, the person appointed as Treasurer will hold the office until the election in November 2026. In 2026, the person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.
ATTACHMENTS:
1. Proposed Citizen Application for Appointment to City Treasurer
DATE STAMP RECEIVED:
APPLICATION TO FILL CITY TREASURER VACANCY
(Information provided on this form is subject to disclosure as a public record) RETURN TO: Office of the City Clerk, 1416 C Street, Livingston, CA 95334 or by email at cityclerk@I ivi ngstonca .gov
NAME: _________________________________ _
STREET ADDRESS: ____________________________ _
TELEPHONE (Daytime):. _____________ (Evening): ____________ _ E-MAIL: _________________________________ _
HOW LONG HAVE YOU LIVED IN LIVINGSTON? __________________ _ ARE YOU CURRENTLY A REGISTERED VOTER IN LIVINGSTON? __ Yes __ No *****
PLEASE ANSWER THE FOLLOWING QUESTIONS.
(YOU MAY COMPLETE THE FORM BELOW OR ATTACH A SEPARATE SHEET TO THIS APPL/CATION, INCLUDING IF
ADDITIONAL SPACE IS NEEDED)
1. Please describe your community involvement and activities (both in Livingston and elsewhere):
2. Please describe your education and work experience/training that you believe would be relevant in your role as a City Treasurer.
3. Please describe any expertise and/or specialized knowledge that you possess that would be relevant in your role as a City Treasurer.
4. Please describe your personal goals and what you would like to see accomplished if appointed:
5. Please identify any potential conflicts of interest that could arise while serving as a City Treasurer including, but not limited to, financial, business and/or organizational affiliations. (If appointed, you will be required to annually complete a Statement of Financial Interests Form 700 reporting your financial interests).
6. Please provide your reasons for wanting to serve as City Treasurer and any other comments that y_ou believe would be helpful to the City Council as it considers your application for appointment:
*****
STATEMENT: I am aware and acknowledge that the City of Livingston may obtain public records from other government agencies and/or other information generally available to the public about me including, but not limited to, content generally available, with or without fee, accessible on the internet, social media or other sources, irrespective of their accuracy. I hereby consent to the use of such information and agree to hold harmless and forever release the City, its officers, agents and employees, from any and all liability in the use or consideration of such information. I hereby attest that the information provided on this form is true, substantively complete, accurate and devoid of any material omissions.
Signature
COMPLETED APPL/CATIONS DUE TO THE CITY CLERK'S OFFICE NO LATER THAN 4:30 P.M. _______ _
STAFF REPORT
AGENDA ITEM: CONSIDER AND DISCUSS THE CITY OF LIVINGSTON
CITY COUNCIL'S OPTIONS FOR FILLING THE CITY
COUNCIL SEAT VACATED BY ELECTED COUNCILMEMBER RODRIGO
ESPINOSA, AND TAKE ACTION RELATED TO FILLING
THE VACANCY
MEETING DATE: January 13, 2025
PREPARED BY: Roy Santos, City Attorney
REVIEWED BY: Christopher Lopez, Interim City Manager
RECOMMENDED COUNCIL ACTION:
Consider and discuss the City of Livingston City Council's options for filling the City Council seat vacated by elected Councilmember Rodrigo Espinosa and take action relating to filling the vacancy.
BACKGROUND:
Rodrigo Espinosa was elected to serve a four (4) year term as City Council Member ("Council Member") in the November 5, 2024, general election. On December 10, 2024, the city received Rodrigo Espinosa's resignation as councilmember-elect. Due to resignation, there is a vacancy on the City Council. The City Council must fill the vacancy either by appointment or by calling a special election by February 7, 2025.
LEGAL FRAMEWORK:
California Government Code Section 36512 describes the actions to be taken in connection with a vacancy in an office. It states that if a vacancy occurs in an elective office the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. If the council fills the vacancy by appointment, and the vacancy occurs within the first half of the term and at least 130 days prior to the next general election, the person shall hold office until the next general election, where the position will be up for election again and filled for the remainder of the term. Therefore, the person appointed as Councilmember will hold the office until the election in November 2026. In 2026, the person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.
If the City Council chooses to call a special election to fill the vacancy, it must do so within sixty (60) days of the vacancy. Additionally, "the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. In other words, the special election must be held: (1) on a regularly established election date pursuant to Elections Code section 1000, and (2) at least 114 days must elapse between the date the election is called and when it is held.
{CWI 17662.4)
STAFF REPORT
DISCUSSION:
Consistent with Government Code section 36512, the City Council has sixty (60) days from the commencement of the vacancy, which occurred on December 10, 2024:
1. Appoint someone to fill the vacancy; or
2. Call a special election.
A. City Council Appointment
The City Council has discretion to determine the process by which to fill a vacant City Council seat by appointment. Some options may include the following:
1 . City Council direct appointment;
2. Accepting nominations and appointing someone from that process; or
3. Initiating an open call for applications to all eligible persons within the City.
There are no statutory requirements that define a specific process for how the City Council may decide to appoint an individual to fill the vacancy. The City Council has discretion to determine how it would like to proceed with the appointment process, should it elect to follow that path to fill the vacancy. The City Council has the discretion to determine how the City accepts applications and whether a specific number of applications must be received.
The City Council may directly appoint an individual to the vacancy without accepting applications.
However, it is common in such situations for a city council to notice the vacancy and solicit applications from interested parties. The city council then reviews the applications and selects an individual to fill the vacancy by majority vote. If the City Council elects to interview applicants, it must be done at a public meeting, although the meeting can be held at any time, subject to any applicable requirements under the Ralph M. Brown Act. Filling the City Council vacancy is not a permitted closed session discussion or decision. The City Council must appoint a person who is at least 18 years old, a registered voter, and a resident of the City.
Proposed Timeline for Appointment
In the event of a call for applications, the candidate must be appointed by February 7, 2024. In order to adhere to the timeline established in Government Code section 36512(b) for filling City Council vacancies, a proposed timeline and process for the appointment is outlined below:
Jan. 14 - Jan. 23 (4:30PM): Solicit applications from interested persons. (City Council to discuss and provide direction on how long
the application period should be open. One or two
weeks.)
{CWI 17662.4}
(City Council to discuss and provide direction on when to interview the applicants -- Regular Meeting or Special Meeting.)
STAFF REPORT
Feb 4th - Regular City Council meeting to conduct interviews, review and discuss applicants and select and seat preferred candidate.
The proposed application form is attached to this agenda item. The application will be made available on the City's website beginning on January 14, 2025, or the date the application period begins, as instructed by the City Council. Completed applications must be submitted to the City Clerk's Office no later than 4:30 PM on the deadline selected by the City Council.
Recommendation
The effect of the vacancy on the City Council is that the City's legislative body will be reduced from a five-person body to a four-person body.
B. Special Election
If the City Council chooses to call a special election to fill the vacancy, the cost estimate provided by the County of Merced is approximately $76,486.
Discussion and Direction
Staff recommends the City Council discuss, deliberate, and provide direction on the appointment process and timeline, or call for a special election.
FINANCIAL IMPACTS:
Should the City Council elect to hold a special election, the estimated costs to the city would be $76,486 based on the information received from the Merced County Registrar on January 8, 2025.
STEPS FOLLOWING APPROVAL:
If the City Council decides to hold a special election, staff will return to the City Council with a Resolution calling for a special election. Alternatively, if the City Council elects to fill the vacancy by appointment with an application process, the City Clerk will post the application on the City's website and will also issue a press release.
ATTACHMENTS:
A. Proposed Citizen Application for Appointment to City Council {CWl 17662.4)
Please Return To:
Monica.Cisneros, Deputy City Clerk
1416 C Street
Livingston CA 95334
(209) 394-5544
[email protected]
FILING DEADLINE: Thursday, January 23, 2025 at 4:30 PM.
CITIZEN APPLICATION FOR APPOINTMENT TO CITY COUNCIL
NAME: __________________________ _
HOME ADDRESS: ____________________ _
CONTACT INFORMATION:
Home Phone: Work: Cell: ------- -------- --------
Email: ----------------------------- Method of Contact Preferred: ---------------------
LENGTH OF RESIDENCE
at above address: ----
OCCUPATION:
in Livingston --- in County: ---
Occupation: ---------- Employer: _________ _
Employer Address: _______________________ _
Street City Zip
EMPLOYMENT HIGHLIGHTS:
(Attach additional pages as necessary.)
{CW117695.2}
EDUCATION (highest school year, degrees, etc.)
LIST PAST OR PRESENT MEMBERSHIP ON THE LIVINGSTON CITY COUNCIL,
ANY COUNCIL APPOINTED COMMITTEE OR COMMISSION, AND/OR ANY OTHER PUBLIC AGENCY, INCLUDING THE TIME PERIODS OF MEMBERSHIP.
PAST AND PRESENT COMMUNITY SERVICE:
WHAT DO YOU FEEL ARE YOUR MOST IMPORTANT QUALIFICATIONS FOR APPOINTMENT TO THE CITY COUNCIL?
(Attach additional pages as necessary.)
{CW117695.2}
WHAT DO YOU HOPE TO ACCOMPLISH WHILE A PART OF THE CITY COUNCIL?
WHAT PROBLEMS, ISSUES, OR CONCERNS DO YOU SEE FACING THE CITY OF LIVINGSTON AND HOW WOULD YOU PROPOSE THEY BE ADDRESSED? Please list three (3) references with telephone numbers:
1. 2. ---------------------------
3. ---------------------------
PLEASE NOTE THAT THIS APPLICATION BECOMES PUBLIC INFORMATION I hereby certify that the information contained in this application and any accompanying documents is true and correct to the best of my knowledge.
Signature of Applicant Date
You are invited to attach additional pages, enclose a copy of your resume or submit supplemental information which you feel may assist the City Council in its evaluation of your application.
(Attach additional pages as necessary.)
{CW117695.2}
STAFF REPORT
AGENDA ITEM: Consideration of the City of Livingston representative appointment for the Merced County Association of Governments ("MCAG").
MEETING DATE: January 13, 2025
PREPARED BY: Christopher Lopez, Interim City Manager
DISCUSSION:
Mayor Pro-Tem Samra and Councilmember Roth requested this item to be discussed to consider the City of Livingston representative appointment for the Merced County Association of Governments (MCAG).