Livingston City Council
February 4, 2025

20 19.2 Industrial Disability Leave
Any permanent employee of the City who has suffered any disability arising out of an in the course of City employment, as defined by the Worker’s Compensation laws of the State of California, shall be entitled to disability leave while so disabled without loss of compensation for the period of such disability to the maximum of sixty (60) days. Such disability leave with pay shall be renewable in sixty (60) day increments by the City Council for a total period of one (1) year, subject to examination confirmation of the continuing disability by a physician selected by the City every sixty (60) days.

During the period the employee is paid by the City, the employee shall assign or endorse to the City any benefit payments received as a result of Worker’s Compensation insurance coverage. The City reserves the right to withhold payment of any disability benefits until such time as it is determined whether or not the illness or injury is covered by Worker’s Compensation.

The benefits of Sick Leave and Disability Leave shall be mutually exclusive at any one time, and no Disability Leave may be used for the purposes specified under Subsection 19, Sick Leave, and no Sick Leave benefits may be used for the purposes specified under this Subsection 19.2 Disability Leave.

Employees shall accrue vacation credit during an Industrial Disability Leave which does not exceed thirty (30) days in any one (1) year.

19.3 Long Term Disability
Employees covered under this MOU will be covered under the City of Livingston’s Long Term Disability Plan, paid for by the City.

19.4 American Disabilities Act
Because the ADA requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-bycase basis, the parties agree the provisions of this Agreement may be disregarded in order for the City to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

The association recognized the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Association will be notified of these proposed accommodations prior to implementation by the City.

Any accommodation provided to an individual protected by the ADA Act shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance/arbitration procedure.

Prior to disregarding any provision of this Agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide the Formatted: Justified
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21 Association with written notice of its intent to disregard the provision, and will allow the Association the opportunity to discuss options to disregarding the Agreement.

However, as the City has a legal obligation to undertake required accommodations, such action shall not be subject to bargaining with the Association, unless required by statute of controlling court decision.

19.5 Funeral Leave
Employee shall be allowed a leave of absence with full pay for up to 40 work hours due to the death of a member of Employee’s immediate family. For purposes of this provision, immediate family shall include spouse, domestic partner, child (including legally adopted child), parent, grandparent, grandchild, step-parent, stepchild, sibling, step-sibling, father-in-law, mother-in-law, sister-in-law, brother-in-law, son-inlaw or daughter-in-law of the eligible employee. Requests for bereavement leave for persons not listed above may be granted at the discretion of the City Manager or his/her designee. Time off for funerals or bereavement leave must be taken within time of service of the immediate family member.

19.6 Leave of Absence
Upon written request, a leave of absence without pay may be granted to any permanent employee for a period not to exceed six (6) months for the following reasons:

1. Illness or disability not covered by sick leave.

2. Education or training which will benefit the employee, but that which is not paid for by the employer.

3. Personal reasons: In the event of unusual or special circumstances, a leave of absence may be extended if recommended by the Chief of Police and approved by the City Manager.

A request for a leave of absence without pay shall be made in writing to the Chief of Police stating the reasons for such request. For leaves of absence in excess of five (5) days, the Chief of Police shall submit the request with his/her recommendation to the City Manager.

All accumulated vacation time shall be exhausted prior to having been granted a leave of absence without pay. Any employee, who does not return to work on the subsequent work day after the date of expiration, shall be considered terminated.

The employee, while on authorized leave of absence, will not be eligible for accruing vacation and/or holidays, and will not be eligible for clothing allowance.

19.7 Maternity Leave
A pregnant employee holding a permanent position shall be entitled to a leave of absence for up to one hundred and twenty (120) days. This leave shall commence upon certification from the employee’s attending physician she is no longer capable of performing the duties of her position.

Upon advice of her physician, the employee may request a temporary transfer to a less strenuous or hazardous position carrying the same or lower salary which she is Formatted: Outline numbered + Level: 2 + Numbering
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22 qualified to perform. However, nothing herein shall result in the displacement or transfer of other employees in permanent positions or the performance of unnecessary work.

Where it is the opinion of the Department Head, the employee should be placed on leave sooner than prescribed by her physician due to her inability to effectively or safely perform the duties of her regular position or of one to which the employee may be required to undergo examination by a second physician. The cost of this examination shall be paid by the City and shall be ordered without prior approval of the City Manager.

During the first six (6) weeks of such leave, the employee shall be entitled to utilize accrued vacation. While the pregnant employee is on a paid leave status, service credits shall continue to accrue and the City shall continue payments toward group insurance and retirement coverage.

Upon expiration of the approved leave, the employee shall be reinstated to her former position. Prior to the employee being reinstated, the Department Head may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position.

An employee may, based upon medical factors, request her leave be extended beyond one hundred twenty (120) days and shall submit a supporting statement from her physician. The Department Head with the approval of the appointing authority may extend the leave for up to an additional thirty (30) days.

All approved Maternity Leave will be without pay. The employee, while on Maternity Leave, will not be eligible for clothing allowance.

19.8 Military Leave
Any employee who is a member of a reserve force of the United States or the State of California, who is ordered by the appropriate authorities to attend a training period or perform other duties under the supervision of the United States or State of California, shall be granted a leave of absence without pay during the period of such activity except for as provided by law.

SECTION 20. HEALTH AND WELFARE

20.1Medical-Dental-Long Term Disability and Life Insurance Effective February 1, 2006, for those employees known as the Livingston Police Officers Association, the City of Livingston will pay all premiums associated with the cost of providing dental, vision, long term disability and life insurance for full-time employees and their eligible dependents.

Also effective February 1, 2006, the City of Livingston will assume full control over the benefit plans offered to the employees, including the selection and retention of any and all agencies involved in providing and maintaining medical, dental, vision, long term disability and life insurance benefits. The City agrees to continue to provide comparable or better benefit plans for the employees as long as the financial Formatted: Outline numbered + Level: 2 + Numbering
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23 condition of the City is such that it can afford to cover the cost of providing the benefits.

Effective July 1, 2021, the City of Livingston shall contribute the following amounts monthly toward the total premium for medical plans; the employee is responsible for the balance of the premium cost, if any.

Starting January 1, 2022, premium increases above the contribution caps below will be covered 60% employee and 40% City costs. The 60/40 premium increase split will continue for each year of the contract.

City Monthly Contribution Cap:

Jul. 1, 2021

PPO EPO
Employee Only $ 581.98 $ 650.16
Employee + One $1163.96 $1300.31
Family $1543.17 $1720.41
Bargaining unit members who opt out of participating in the group medical plans sponsored by the City, and who provide proof of their medical coverage in a group plan, will receive $400 per month. Any Federal/State laws/policies/guidelines conflicting with this incentive program should supersede this section of the MOU and incentive may be subject to termination.

20.2Medical Examinations
The City, at its option, may require a physical examination of each employee upon his/her entry into the Police Department and of each employee at least once a year during the term of this agreement. Annual physical examinations shall be normally held on the anniversary date of an employee’s entry into the Police Department.

Standards of each examination shall be the same for all employees. Any expense in connection with the physical examination will be borne by the City; however, this is not to be considered as meaning the City will pay for the treatment of any physical ailments which may be discovered by such examination. Medical examinations will be performed at a location selected by the City.

20.3Retirement
The benefit contract in effect between the City of Livingston and the Public Employee’s Retirement System (PERS) in behalf of eligible permanent full-time employees of this unit as of July 1, 1989 shall be continued during the term of this Memorandum of Understanding.

The City will contribute the employee’s seven percent (7%) payment to PERS. The payments made by the City on behalf of the employee will remain in the employee’s account and may be withdrawn by the employee at such time as the employee terminates from participation in PERS or retires. However, money contributed by the city on behalf of the employee will be considered taxable income during the year in which it is withdrawn. The city will furnish all employees an annual statement of the monies deposited in PERS on their behalf.

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24 The City of Livingston shall amend the City’s contract with the Public Employees’ Retirement System (PERS) to provide the following additional benefit as provided by Section 20042 of the Government Code:

The period for determining the average monthly pay rate when calculating retirement benefits will change from the 36 highest paid consecutive months to the 12 highest paid consecutive months. (Applicable only to members retiring or whose death occurs after the effective date of the contract amendment.)

20.3.1 Effective upon execution of this agreement Livingston Police Officer Association, Classic members will pay an additional one percent (1%) of the Employee contribution to PERS for a total 5%.

Effective July 1, 2019; Livingston Police Officer Association Classic members will pay an additional one percent (1%) of the Employee contribution to PERS for a total of 6%.

Effective July 1, 2020; Livingston Police Officer Association Classic members will pay an additional one percent (1%) of the Employee contribution to PERS for a total of 7%.

All employees hired on or after January 1, 2013, who are considered “new members” under the Public Employees Pension Reform Act (PEPRA) will be provided a CalPERS benefit formula of 2% at 62 for Miscellaneous and 2% at 57 for Safety.

In addition, “new members” shall be subject to the contribution requirements in Section 7522.30(a) and (c) of the PEPRA. Accordingly, “new members” shall pay 50% of the normal costs of their pension benefit and the City shall not pay any of the required employee contribution for “new members.”

20.4Post-Retirement Benefits
For all employees employed by the City as of July 1, 1989 only, who retire from the City’s employment under the Public Employee’s Retirement system currently in effect (other than disability retirement), the City will continue to pay the premiums for health and dental care insurance coverage in an amount equal to the amount paid if the employee was still employed by the City.

For all employees employed by the City after July 1, 1989, who retire from the City’s employment under the PERS currently in effect (other than disability retirement), shall be eligible for the City’s Sick Leave Conversion Plan for Retiree Health.

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25 20.5Sick Leave Conversion Plan
Eligible employees shall have unused sick leave credits (accumulated hours) converted to a cash equivalent value for the purpose of continued payment by the City of the premium for either both the health and dental insurance plans provided by the City for active employees and their dependents, regardless of the retirement option exercised, provided that:
a. the employee has been covered under an insurance program of the type selected for payment (health or dental or both) provided by the City during the year immediately preceding such retirement; and
b. the employee has been eligible to accumulate unused sick leave credits (hours); and
c. the employee has not attained eligibility age for Medicare Benefits; and d. the employee has attained the minimum retirement age of the retirement plan relating to the employee’s classification and is eligible for a monthly retirement allowance at the time severance is made from employment with the City, except when an employee is retired on either ordinary or service connected disability retirement pending regardless of whether said application is filed by the employee or by the City on the employee’s behalf.
e. The cash equivalent value of accumulated unused sick leave shall be determined on the basis of the hourly rate of pay earned by the employee immediately prior to the employee’s retirement multiplied by the number of hours of such unused sick leave.

The credits (hours) of any employee for accumulated unused sick leave as determined according to the provisions herein shall be depleted each month by the amount of the City’s contribution on behalf of said retired employee and the employee’s eligible dependents, or in the case of an employee who is on a leave of absence pending the approval of an application for ordinary or serviceconnected disability retirement which has been filed by the employee or the City on behalf of the employee, in payment of the premium for the health and dental insurance plans provided for active employees of the City and their eligible dependents. The City’s payment, on behalf of such employee, of such premium for the health and dental insurance plans shall cease at the end of the month immediately preceding the employee becoming eligible for Medicare, or at such time as the remaining cash equivalent value of the employee’s accumulated sick leave is insufficient to equal a full month’s premium, or at death of the employee, or at the disapproval of the employee’s application for ordinary or service-connected disability retirement; and f. Any retired employee, or in the case of any employee who is on a leave of absence pending the approval of an application for ordinary or serviceconnected disability retirement which has been filed by the employee or the City on behalf of the employee, whose cash equivalent value for accumulated unused sick leave is depleted prior to the said employee becoming eligible for Medicare may, at the employee’s election, submit to the City the required

26 monthly premium for transmittal to the insurance carriers providing the coverage for the health and dental insurance plans, and thereby continue in full force and effect the said, health and dental insurance plans. The eligibility of dependents of any such employee shall be dependent upon the eligibility of the employee.

In the event the application for ordinary or service-connected disability retirement is disapproved, the employee shall not be entitled to receive unused sick leave credits (hours) for any day or portion thereof of unused sick leave which the employee designated and used for purposes of health and dental insurance premium payments.
g. Immediately prior to or at the time of retirement, an employee shall designate:

The amount, it any, of his/her unused sick leave credit which shall be converted to a cash equivalent value for purposes of health and dental insurance premium payments as provided and explained in the previous sections.

However, the employee may elect the City to convert either 30%, 50% or 100% of the equivalent value for purposes of health and dental premium payments.

The City shall designate a 45 day period for open enrollment per year which the retiree may elect to change his/her initial choice to either 30%, 50% or 100% or may elect to freeze any payments.

Should the retired employee die before his/her designated beneficiary, his/her designated beneficiary shall receive the balance of the sick leave in a lump sum cash payment. If no beneficiary is designated, the City shall receive the balance. It is the responsibility of the employee to have a designated beneficiary. The designated beneficiary shall be the spouse or an eligible dependent under the terms of the current MOU.

Extension beyond age 65 of eligibility for payment of health insurance premiums based on unused sick leave – Employees who retire at age 65 shall be eligible to have unused sick leave credits (hours) converted to a cash equivalent value for the purpose of payment by the City of the premium requirement for a health or dental program or both, to supplement Medicare benefits for the employee and his eligible spouse. In the event said spouse or other eligible dependents are below age 65, the premium requirement for a conversion program shall be paid from the unused sick leave credits (hours). It shall be the responsibility of the employee to locate an appropriate insurance carrier.

20.6 Death Benefits
City shall provide death benefits coverage for eligible individual employee under this bargaining group for up to $200,000.

27 SECTION 21. SAFETY

21.1 Observance of Safety Rules and Regulations
Both the City and the Union shall expend every effort to ensure work is performed with a maximum degree of safety, consistent with the requirements to conduct efficient operations. Each employee covered by this Memorandum agrees to comply with all safety rules and regulations in effect any subsequent rules and regulations that may be adopted. Employees further agree they will report all accidents and safety hazards to the appropriate management official immediately. Any employee having knowledge of, or who is a witness to, an accident shall give full and truthful testimony as to same.

21.2 Safety Equipment
Protective clothing or any type of protective device required in employee’s work will be furnished to the employee by the City at no cost to the employee. All employees shall use City supplied safety equipment only for the purpose and use specified under applicable safety rules and regulations. Baseball caps are permitted as part of the employees’ uniforms except for Class A uniform guidelines.

All special police equipment required for use by employees as determined by the Chief of Police will be furnished without charge. Each employee will be responsible for proper care of such equipment and will be required to replace such equipment in case of loss or negligent destruction of same.

21.3 Uniforms and Protective Clothing
Effective upon execution of this agreement, all employees shall receive a $900 uniform allowance per calendar year, paid quarterly. This increase is in exchange for the elimination of the dry cleaning reimbursements formerly provided by the city.

Employees will be responsible for care and up keep of uniforms. (No boot allowance)

21.3.1 All members will be allowed to wear beards as long as they are well groomed and maintained.

Sworn and non-sworn department members are permitted to wear goatees with mustaches or beards that are maintained at a length and pattern so as not to detract from the professional image employees of the Livingston Police Department shall maintain.

Facial hair should be neatly trimmed and maintained at a length not to exceed 1 inch.

Beards must be trimmed above and below and shall not be permitted below the Adam’s apple or on the neck. Uniformed officers shall not be permitted to wear facial hair with less than five days growth. Any facial hair other than that defined as a goatee with mustache or beard, such as a goat patch, soul patch, chinstrap beard, goatee without mustache, mutton chops, Balbo, chin curtain, van dyke beard, or chin puff, are strictly prohibited.

28 Sworn personnel working in undercover assignments, or specialized assignments requiring facial hair not otherwise authorized by this policy, shall be exempt from the restrictions at the discretion of the Chief of Police or his/her designee.

Beards and goatees are PROHIBITED while wearing a Livingston Police Department Class A uniform. Mustaches are allowed while in Class A uniforms as long as they are clean and neatly trimmed. The mustache may not extend lower than the bottom of the corner of the mouth, also referred to as the oral commissures. Facial hair as it is defined above is allowed at any time while wearing any other Livingston Police Department approved uniform. The Chief of Police or his/her designee will be the final authority with regards to what is deemed appropriate.

SECTION 22. POLICE OFFICERS’ BILL OF RIGHTS
The Police Officers’ Bill of Rights shall be incorporated into this agreement by reference and shall apply only to sworn Police Officers.

SECTION 23. DISCIPLINE AND DISCHARGE
See Section 9 of Personnel Rules and Regulations
SECTION 24. WORK RULES

24.1 Compliance
It is the employee’s responsibility to comply with all work rules approved by the Chief of Police.

SECTION 25. GRIEVANCE PROCEDURE
See Section 10 of the City’s Personnel Rules and Regulations SECTION 26. PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING This Memorandum of Understanding shall supersede all existing and prior Memoranda of Understanding between the City and the Union, Resolutions and Ordinances which are in conflict with this agreement.

SECTION 27. RESOLUTION OF IMPASSE
See Section 11.16 of the City’s Personnel Rules and Regulations SECTION 28. SEPARABILITY OF PROVISIONS
Should any section, clause or provision of this Memorandum of Understanding be declared illegal and unenforceable by final judgment of a Court or Competent Jurisdiction, such invalidation of such section, clause, or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of the Memorandum of Understanding. In the event of such invalidation, the parties agree to meet and confer immediately concerning substitute provisions rendered or declared illegal.

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29 IN WITNESS WHEREOF, the parties hereto set their hands and seals by their respective officers duly authorized to do so this ____________ day of __________________, 2025.

City of Livingston - Employer Operating Engineers Local Union No. 3 of The International Union of Operating
Engineers.

By: ___________________________ By: ________________________________ Christopher Lopez, Interim City Manager Daihn Villarreal, OE3 Member _____________________________ ________________________________ Date Date
Deleted: 1
Deleted: Vanessa L Portillo
Deleted: Kristen Hill \
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30 For Operating Engineers Local Union No. 3
of the International Union of Operating Engineers, AFL-CIO ________________________________ ________________________ Tim Neep Date
Director, Public Employee Division
_________________________________ ________________________ Allen Dunbar Date
Business Representative
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Dan Reding Date¶
Business Manager¶
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________________________________ __________________
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Steve Ingersoll Date¶
President¶
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________________________________ __________________
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Justin Diston Date¶
Vice-President¶
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________________________________ __________________
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James K. Sullivan Date¶
Recording-Corresponding Secretary¶
Deleted: Darren Semore
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Memorandum of Understanding
07/01/2024 - 06/30/2025
Operating Engineers Local #3
on behalf of the
Livingston Police Officers' Association
and the
City of Livingston

Livingston Police Officers' Association
Memorandum of Understanding

TABLE OF CONTENTS
SECTION 1. TERMS OF AGREEMENT ........................................................................ 5 SECTION 2. PURPOSE ................................................................................................. 5 SECTION 3. RECOGNITION ......................................................................................... 5 SECTION 4. UNION SECURITY .................................................................................... 6

4.1 Dues Deduction .................................................................................................... 6

4.2 Communications With Employees ........................................................................ 6

4.3 Advance Notice .................................................................................................... 6

4.4 List of Employees ................................................................................................. 6 SECTION 4A. AB 119 .............................. ................................................... .... 6 SECTION 5. CITY RIGHTS/EMPLOYEE RESPONSIBILITIES ..................................... 7 SECTION 6. NO DISCRIMINATION .............................................................................. 7 SECTION 7. UNION REPRESENTATIVES/ASSOCIATION MEMBERS ....................... 7

7. 1 Representatives .................................................................................................... 7

7.2 Representative of the Union ................................................................................. 8

7.3 Access to Personnel Files .................................................................................... 8 SECTION 8. SALARY/COMPENSATION ...................................................................... 8

8.1 Salary Schedule ................................................................................................... 8

8.2 Salary Plan Administration .................................................................................... 8

8.3 Salary Plan Administration, Advancement with Salary Range .............................. 8

8.4 Salary Plan Administration, Salary Step After Promotion or Demotion ................. 8

8.5 Temporary Upgrading ........................................................................................... 8

8.6 Salary Plan, Pay Periods ...................................................................................... 9

8.7 Salary One Time Lump Sum 7.5% Salary Payment.. ...................................... 9

8.8 Salary Plan Administration, Gustine Dispatching Services .................. ... .......... 9

8.9 Shift Pay Differential. ....................................................... ........................ 9

8.10 Pay Separation ......................................... ....... ....................................... 9 SECTION 9. PROBATION PERIOD ............................................................................... 9

9.1 In-House Promotions ..................... ............ .......................................... ... 9 1

SECTION 10.SENIORITY ............................................................................................. 10 SECTION 11.TRANSFER1 PROMOTION LIST ............................................................ 10

11.1 Transfer ............................................................................................................ 10 11 +3 Time Off for Examination .... ~4+ •~ ·· ... ... . .... ◄ . .. .... .... ◄ . .. , . . ........ . · · · ···~ ·••U•~··•·f••••o ◄• .. ••• • ••• • • ..... 10 SECTION 12. EVALUATIONS & JOB DESCRIPTIONS ............................................... 10

12. 1 Evaluations . . . . . .. . . .. .. .. . . .. . . . . . . . . . ... . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. .. . .. . .. . .. .. . . . . . . . . . . . . .. .. . . 1 0 SECTION 13. REDUCTION IN FORCE LAYOFFS) ...... ............... ...... ............ ... .... 11

13.1 Order of Layoff .................................................................................................. 11

13.2 Notice of Layoff ................................................................................................. 11 3 Recall ............................................. ~ ◄ ····• ············ ·· ·· . . ... ......... ..... ········~••••+ ••·········· ... ·· ....... 11

13.4 Outside Employment ................................................................... .,.. . .. . .. . . .. .. . . .. . . 11 SECTION 14. RESIGNATION & REINSTATEMENT .................................................... 11

14.2 Reinstatement .................................................................................................. 12 SECTION 15. HOURS OF WORK1 OVERTIME, PREMIUM-PAY ................................ 12

15. 1 411 0 Work Schedule . .. .. .. . .. . .. . . .. . .. . . .. .. . . . .. . . .. . .. .. .. .. . .. . . .. . . . . . .. . .. . .. . . . .. . . .. . . .. . .. . .. . .. .. . 12

15.1 (a) Work Week ......... .. ............. ............ ......... ...... ...... ............ .... .. ... ....... 12

15.1 (b) Work Hours ........ ... .......... .... .. ............. ..................... ........ ,. .......... .. ... ...... ~ ................ 12

15.1 (c) Shift Selection ......... ...... ...... ......... ...... ...... ...... ...... ... ......... ............... 12

15.1 (d) Implementation of 5/8 wortc Schedule ... ...... ... ...................................... 13

15.2 Attendance: .. .......... ............. .. ................ .................... . .., ............... , ....... ......................... ...... ,........ .. ..... 13

15.3 OV·erl.Ulle/CTO ~-· .......................... ....... . i ... 1 ...... , ... -~ . . ... . .... ..... . ....... . ... . .................... . ....... .... ~ ... -- •• ••• • 14

15.4 Court Pay .......................................................................................................... 14

15.5 TraJningllnformational Meetings ....................................................................... 14 SECTION 16. INCENTtVE PAY ......................................................... : .......................... 15

16. 1 Education Incentive .. . . .. . . . .. . . . . .. . . .. . . . . . . . . . .. . . .. . . .. . .. .. .. . . . . .. . .. . .. . . . . .. . . . . . .. .. .. .. . .. ... . . . . .. 15 16 ... 2 Tuition lnc:e-ntive.4 .......... ~ ..... ◄ ► .... . . . ..... . . ...... . .. •i ··· •• ►, •• · ....... ..... ~-- ••• •••• • --~ ··· ......... ~·• •-t ..... 15

16.3 Bilinguaf/Bilerate Incentive ............................................................................... 15 2

16.4 Field Training Incentive ..................................................................................... 15

16.5 Motorcycle Maintenance ................................................................................... 15

16.6 P.O.S.T. Certificate ........................................................................................... 16

16. 7 Deferred Compensation .................................................................................... 16

16.8 Computer Purchase Program ........................................................................... 16 SECTION 17. HOLIDAYS ............................................................................................. 16

17.1 Holiday Pay ...................................................................................................... 16

17.2 Authorized Holidays .......................................................................................... 17 17 .3 Work Schedule ................................................................................................. 17 SECTION 18. VACATION ............................................................................................. 17

18.1 Vacation Leave ..................................................................................... .,. .......... 17

18.2 Vacation Allowance .......................................................................................... 17

18.3 Longevity .......................................................................................................... 18 18 .3.1 Career Service Pay .......................................... .................................. 18

18.4 Scheduling ........................................................................................................ 18

18.5 Pay Upon Termination ................................................ ......... ............... 18 SECTION 19. LEAVE PROVISIONS ............................................................................. 19

19.1 Sick Leave ........................................................................................................ 19

19.2 Industrial Disability Leave ................................................................................. 20

19.3 Long Term Disability ......................................................................................... 20

19.4 American Disabilites Act.. ................................................................................. 20

19.5 Funeral Leave ................................................................................................... 21

19.6 Leave of Absence ............................................................................................. 21

19.7 Maternity Leave ................................................................................................ 21

19.8 Military Leave ................................................................................................... 22

19.9 Administrative Leave ........................................................................................ 22 SECTION 20. HEAL TH & WELFARE ............................................................................ 22

20.1 Medical-Dental-Prescription-Life Insurance ....................................................... 22

20.2 Medical Examinations ............................................................................... ., ........ 23

20.3 Retirement ......................................................................................................... 23

20.3.1 Employee Share of Cost... .................. ... ......... ....................... ........... 24

20.4 Post Retirement Benefits ................................................................................... 24 3

20.5 Sick Leave Conversion Plan .............................................................................. 25 SECTION 21. SAFETY ................................................................................................. 27

21.1 Observance of Safety Rules & Regulations ...................................................... 27

21.2 Safety Equipment ............................................................................................. 27

21.3 -21.3.1 Uniforms & Protective Clothing ............................................................ 27 SECTION 22. POLICE OFFICERS' BILL OF RIGHTS ................................................. 28 SECTION 23. DISCIPLINE & DISCHARGE .................................................................. 28 SECTION 24. WORK RULES ....................................................................................... 28

24.1 Compliance ...................................................... ..................... .............. 28 SECTION 25. GRIEVANCE PROCEDURES ................................................................ 28 SECTION 26. PAST PRACTICES & EXISTING MOU ................................................. 28 SECTION 27. RESOLUTION OF IMPASSE ................................................................ 28 SECTION 28. SEPARABILITY OF PROVISIONS ........................................................ 28 SIGNATURE PAGE ...................................................................................................... 29 4

MEMORANDUM OF UNDERSTANDING
SECTION 1. TERMS OF AGREEMENT
This Memorandum of Understanding, upon approval of the City Council, shall remain in effect for those employees employed in the classifications which comprise the Livingston Police Officers' Association bargaining unit for the period beginning July 1, 2024 and ending June 30, 2025. The City may unilaterally open this agreement in the event a financial disaster results in a significant loss of revenue to the City.

Ninety (90) days prior to the termination of this Memorandum, the Union will notify the City if it wishes to modify the agreement. Failure to comply with the ninety (90) days' notice will not preclude commencement of negotiations. In the event that such notice is given, negotiations shall begin as soon as possible after the notice. This period of negotiations and until notice of termination of this agreement is provided to the other party.

SECTION 2. PURPOSE
The purpose of this Memorandum of Understanding is to promote and provide harmonious relations, peaceful resolution of disputes, and cooperation and understanding between the City and its employees covered herein, and to set forth the full and entire understanding reached as a result of meeting and conferring on hours, wages, and working conditions in accordance with state and federal law and city ordinances, rules, and regulations.

SECTION 3. RECOGNITION
A. The City of Livingston (City) recognizes the Operating Engineers Local Union No. 3 (OE3), representing Livingston Police Officers' Association (LPOA), as the sole and exclusive bargaining agent, for the purposes of establishing wages, hours, and conditions of employment, for all regular City employees of the Police Department, who were in the classification of Police Officer, Corporal and dispatcher at the time this Understanding was entered into, but excluding all seasonal (those hired to work for a fixed period of time, which is less that one year), casual, supervisory of confidential employees, and all elected officials or officers of the City. This MOU, unless otherwise indicated, governs those Police Officers, Corporals and Dispatchers in this bargaining unit which is comprised of:

Animal Control Officer
Corporal
Dispatcher
Evidence Technician/Special Project
Police Officer
Police Office Assistant II
Police Records Assistant
Public Services Officer
The classification or job titles used above are for descriptive purposes only. Their use is neither an indication nor a guarantee that these classifications or titles will continue to be used by the City.
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Conflict of Memorandum and Resolution: It is understood and agreed that there exists within the City Personnel Rules and Regulations per Resolution No. 87-30.

SECTION 4. UNION SECURITY
At the time a new employee is hired who will be subject to this agreement, the City shall deliver to the employee a written notice stating the City shall deliver to the employee a written notice stating the City acknowledges the Union {OE3) as the recognized employee organization for the employees covered by this agreement.

All employees covered by this agreement, who are not already Union members, shall make application for membership within one (1) month following their date of employment or pay to the Union, each month through payroll deduction, a service charge as a contribution toward the administration of this agreement in an amount equal to the regular monthly dues. The Union shall be responsible for enforcement for those employees who fail to comply with these requirements.

Any employee having an objection to the payment of Union dues or service fee shall, to comply with this section, show evidence of contribution of a like amount to a charity of his/her choice.

4.1 Dues Deduction
The Union may have the regular dues to its members within the representation unit, deducted from the employee's paycheck under procedures prescribe by the City for such deductions. Dues deductions shall be made only upon signed authorization from the employee.

4.2 Communications with Employees
The Union shall be provided suitable space on bulletin boards at each work location for posting notices concerning official Union business.

4.3 Advance Notice
The Union shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet with the appropriate management representatives prior to adoption.

4.4 List of Unit Employees
The City shall furnish the Union with the names, classifications and date of hire of employees newly assigned to the unit and employees having leaving the unit.

SECTION 4(a) AB 119
A. Payroll deductions for the periodic membership dues, initiation fees and general assessments of the Union shall be made by the City on behalf of the Union from the paycheck of each employee whom the Union certifies has affirmatively consented to such dues deduction. The City shall remit the deducted membership dues to the officer(s) of the Union designated in writing by the Union.
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B. The Union will maintain individual employee authorizations for payroll deductions, signed by the individual from whose wages the deduction is to be made. The City shall rely upon written notification from the Union for any employee requests to cancel, initiate or change payroll deductions for dues. The Union will obtain and maintain voluntary written authorization for dues deductions. Dues deductions shall automatically renew unless written notice is provided by the Union.

C. Deduction notification will be provided to the City's Payroll Division.

Change, cancellation and deduction requests received by the City prior to the 15th of the month will be processed the first full pay period of the following month. Change, cancellation and deduction requests received by the City on or after the 15th of the month will be processed the second full pay period of the following month.

D. The Union shall indemnify and hold the City and its agents and employees harmless from any cost, expense, fee or liability resulting from any threatened or actual claims, demands, lawsuits, or any other action arising from the operation of this Section and from the use of such monies by the Union.

SECTION 6. CITY RIGHTS/EMPLOYEE RESPONSIBILITIES
It is understood and agreed the City retains Its powers and authority to direct, manage and control all affairs of the City to the full extent of the law.

The employer-employee relations create mutual responsibilities. Reasonable rules and regulations are necessary to the proper functioning of any city. Observance of all rules, regulations, and this Memorandum is essential.

SECTION 6. NO DISCRIMINATION
The City agrees not to discriminate against any employee because of membership in the Union or because of any activities on behalf of the Union. Union activities shall not interfere with the normal operations of the City. See Section 4.1 of Personnel Rules and Regulations.

SECTION 7. UNION REPRESENTATIVES/ASSOCIATION MEMBERS
7 .1 Representatives
Designated Association Members shall obtain approval from their immediate supervisor or any supervisor if their immediate supervisor is not available, before leaving their duty assignment to resolve grievances.

This provision shall not be used to prevent association members from performing their duties or obligations set forth In this section; provided, however, the use of time for this purpose shall be reasonable.

Whenever an employee is required to meet with a supervisor and the employee reasonably believes the discussion may lead to a disciplinary action, the employee shall be entitled to a Union representative or association member for representation.

In the event the employee desires the presence of a Union representative or 7

association member, the City will contact the representative to arrange a mutually acceptable time and day to hold the meeting.

By January 31 of each year, the Livingston Police Officer's Association shall notify the Chief of Police the names of two (2) association members who be designated for the above responsibilities.

7.2 Representatjve of the Union
The employer agrees accredited representatives of the Police Officer's Association shall have access to the premises of the employer at any time during working hours to conduct Union business. Said representative will notify the City Manager or the Chief of Police twenty-four (24) holl'S in advance whenever he/she is conducting employee business during working hours.
7 .3 Access to Personnel Files
An employee or an employee's representative both upon written authorization from the employee shall have access to the employee's personnel file upon request Nothing shall be placed in an employee's personnel file until he/she has seen it.

SECTION 8. SALARY/COMPENSATION

8.1 Salary Schedule
Both the LPOA and the City agree to use the Merced County CPI to detennine any COLA's. Future COLA's will be subject to the meet and confer process annually only after the State of California had adopted its budget. Retroactivity for any adjustments will be negotiated each re-opener year.

8.2 Salary Plan Administration
See section 3 of Personnel Rules and Regulations

8.3 Salary Plan Administration, Advancement with Salary Range See Section 3 of Personnel Rules and Regulations, except that advancement from Step 1 to Step 2 shall be made at six (6) months for those dispatchers on probation or employees as temporary employees on the date this contract is signed.

8.4 Salary Plan Administration, Salary Step After Promotion or Demotion See Section 3 of Personnel Rules and Regulations, except that advancement from Step 1 to Step 2 shall be made at six (6) months for those dispatchers on probation or employees as temporary employees on the date this contract is signed.

8.5 Temporary Upgrading
An employee assigned by the Chief of Police to perform the duties of a higher-paid classification shall receive an increase of five percent (5%) for all hours so worked at the higher classification, from the first hour worked provided, however, the rate paid shall not exceed the top step of the classification, nor be less than the first step of the classification.
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8.6 Salary Plan, Pay Periods
See Section 3.3 of Personnel Rules and Regulations

8.7 Increases During Term of this Memorandum of Understanding Effective retroactively to July 1, 2024 and within a reasonable period after City Council approval of this successor MOU, the City shall provide a four percent (4%) base pay increase to the pay ranges for all LPOA represented classifications with individual members maintaining their respective steps within those adjusted pay ranges.

If another represented bargaining unit receives a higher percentage base pay increase for FY 2024-25 to their pay ranges published by the City during the term of this MOU, then the City will provide the difference in base pay increase to the Association represented employees starting from the date the other represented bargaining unit receives their higher base pay incr,ase.

8.8 Salary Plan Administration, Gustine Dispatching Services Dispatchers shall receive a four percent (4%) base salary increase during the duration of the Gustine Dispatching Contract.

This pay shall end if the City ceases providing dispatch services to the City of Gustine.

8.9 Shift Pay Differential
For those employees within the bargaining unit, the Livingston Police Officers Association shall receive a shift pay differential as follows below.

Graveyard - shall receive an extra $.50 cents per hour for each hour worked on Graveyard shift.

8.10 Pay Separation
Effective July 1, 2018 there will be a five (5%) differential pay between Step E Police Officer and Step A Corporal.

Retroactive two (2) months only.

SECTION 9. PROBATION PERIOD
All employees of the City of Livingston Police Department shall have a probation period of 18 months. See Section 5.5 of Personnel Rules and Regulations.

9.1 In-House Promotions
A probation period of one (1) year will be implemented for all In-House promotions. 9

SECTJON 10. SENIORITY
Seniority is hereby defined as the employee's length of continuous service with the City since his/her last date of hire, except as otherwise provided herein.

Continuous service used in the above paragraph hereof means an employee's total continuous length of service with the City since his/her last date of hire without break or interruption; provided that layoff of one (1) year or less, any suspension for disciplinary purposes, absence on authorized leave with or without pay and absence while receiving temporary total disability benefits under the California Worker's Compensation Act, shall not constitute a break or interruption in service within the meaning of this article.

After an employee satisfactorily completes his/her initial probationary period of employment with the City, his/her seniority shall be effective from the date on which the employee was hired.

A list of employees arranged in order of their seniority as defined herein, shall be maintained and made available for examination by employees; provided the seniority list be revised and updated at the end of November each year. A copy of the same shall be transmitted to the Union and/or associations.

Where two or more employees were appointed on the same date, their seniority standing shall be determined in the order in which they filed their application for such employment in accordance with the date of filing such application which shall appear on the application form.

SECTION 11. TRANSFER, PROMOTION LIST

11.1 Transfer
See Section 3.1 0 of City Personnel Rules and Regulations

11.2 Promotion
See Section 5.4 of City Personnel Rules and Regulations

11.3 Time Off for Examination
Promotional examinations scheduled by the City during an employee's regular working hours may be taken without any loss in compensation.

SECTION 12. EVALUATIONS AND JOB DESCRITIONS

12.1 Evaluations
See Section 8.1 of City Personnel Rules and Regulations

12.2 Job Descriptions
Job descriptions currently adopted will remain, but the City will meet and confer on any changes in the futures.
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SECTION 13. REDUCTION IN FORCE (LAYOFFS)
When it becomes necessary to reduce the City's work force, employees shall be ~laid off' on the basis of their seniority within the Police Department. See Section 6.1 of City Personnel Rules and Regulations.

13.1 Order of Layoff
See Section 6.1 of City Personnel Rules and Regulations

13.2 Notice of Layoff
Before an employee is laid off, the employee and the Union shall be notified in writing of such contemplated layoff at least thirty (30) working days prior to the effective date of layoff.

13.3 Recall
See Section 6.2 of City Personnel Rules and Regulations

13.4 Outside Employment
See Section 14.1 of City Personnel Rules and Regulations Off-duty employment will be approved subject to:
(a) An absence of interference with the full and efficient performance of duty at all times.
(b) The absence of a demonstrative conflict of interest between outside employment and City employment.
(c) Outside employment must be covered by State Workers' Compensation Insurance of a comparable insurance policy covering industrial accidents and injuries, said coverage to be approved by the City Manager. (d) Outside employment will not create any liability against the City of Livingston.

SECTION 14. RESIGNATION AND REINSTATEMENT

14.1 Resignation
See Section 7.1 of City Personnel Rules and Regulations

14.2 Reinstatement
A permanent employee who has resigned in good standing shall be allowed to reapply for a vacant position, but will be required to participate ln an oral interview process if there is one.
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SECTION 16. HOURS OF WORK, OVERTIME, PREMIUM PAY

15.1 4-10 Work Schedule
The following members represented by the Association will be assigned to work a 4/1 O work schedule.

Pollce Dispatcher
Pollce Officer
Officer Assistant II
5-8 Work Schedule
Animal Control Officer

15.1(a) Workweek
Police Corporal
Police Investigator
All members, excluding Animal Control Officer, as described in Section 15.1 will be assigned to a 4/10 work schedule based on a 4 days on and 3 days off work plan.

The Department will make every effort to implement the designated schedule change on the first of the month. Based on a four month rotation, shift change will occur on the following dates; April 181, August 111, and December 111 of each year for dispatch, and March 1st, July 181, and November 1st of each year of each year for all other positions. The rotation schedule does not include the Police Investigator, School Resource Officer as the position is a specialized assignment. The Animal Control Officer will work Monday to Friday from 0800-1600 hours.

15.1(b) Work Hours
The Department will maintain the option of hours of work for each assigned shift.

These hours may change as required to meet the needs of the Department and the City. No hour change will be made for shifts prior to a new shift schedule being posted for sign up. This will allow for the Department to adjust to season and crime statistics throughout the year.

16.1 ( c) Shift Selections
Police Officer and Corporal
Individual shift selection will be based on seniority with the following guidelines;

1. Shift selection schedule will be posted along with a current seniority list 30 days prior to shift change.

2. The posted schedule will be blank other than the designated positions to be filled (i.e. Corporal, Police Officer).

3. The Department will maintain the selection of days off and number of personnel assigned to each shift.

4. Selection process will start with the most senior officer within each of the above positions.

5. An officer will have two (2) working days to make their selection. After that if a selection has not been made, they will drop down a position and the next senior officer will make their selection.
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6. Special Assignments (Investigations, SRO, Temporary Duty) will not be included in the seniority sign up for shift assignment. Shift assignment for these positions will be at the option of the Police Lieutenant.

Dispatcher

1. Shift selection schedule will be posted along with a current seniority list 30 days prior to shift change.

2. The posted schedule will be blank other than designated shifts to be filled.

3. The department will maintain the selection of days off and number of personnel assigned to each shift.

4. Selection process will start with the most senior dispatcher.

5. The dispatcher will have two (2) working days to make their selection. After that if a selection has not been made, they will drop down a position and the next senior dispatcher will make their selection.

6. The department retains the right, within a 30 day notice, to adjust specific shifts to accommodate the training of new dispatchers to be trained on all shifts. The adjustment will only be implemented during the duration of the trainee's scheduled time on that specific shift.

16.1(d) Implementation of 5/8 Work Schedule
In the event staffing level falls below twelve (12) sworn officers the Department will revert back to a temporary 5/8 work schedule. The Department will transfer special assignment personnel to fill open patrol positions as required.

The Department wilf give a minimum of seven (7) days notification prior to implementing a 5/8 work schedule. Sworn officers will not include administrative staff, and each must be cleared from field training and assigned to a working shift.

When the Department reaches a staffing level of twelve (12) or more sworn officers and each is cleared from the Department FTO program the 4/1 O schedule will be immediately reinstated with a minimum of seven (7) days notification.

Nothing herein shall prevent the Department from making temporary schedule changes to address bona fide emergencies that may arise during the term of this agreement. An "emergency• is an unanticipated or unforeseen event or occurrence beyond the control of the City or the Police Department which required prompt and immediate law enforcement response to prevent injury or damage to life, person, or property.

In the event that staffing level falls below five (5) full time dispatchers, the Department will have the option to implement a modified schedule on a temporary basis.

16.2 Attendance
If any employee knows in advance he/she is going to be late, he/she must contact a designated shift supervisor and explain the reason for tardiness and what time he/she expects to arrive. If an employee is to be absent he/she must call or discuss the reason beforehand with the designated shift supervisor. The employee is 13

responsible for being ready for his/her assigned duty at the start of his/her shift and continue through the shift to the quitting time of the shift.

15.3 Overtlme/CTO
Authorized work performed in excess offorty (40) hours in a regular work schedule in one ( 1) week, shall constitute overtime. Association members may choose between CTO and paid overtime when they are required to work overtime. Paid overtime will be compensated at one and one-half the employee's regular hourly rate of pay except as otherwise designated by the Chief of Police. Association members will be allowed to accumulate a maximum of eighty (80) hours of CTO earned at a rate of

1.5 times actual overtime worked.

15.4 Court Pay
Any employee who shall be called as a witness arising out of and in the course of his/her employment during his/her normal working hours shall be deemed to be on duty. A minimum court time of three (3) hours per call at time and one-half will be paid for court appearances only on all non-duty hours.

Those members of the LPOA who are placed on-call for court, shall receive two (2) hours of overtime, in compensatory time for the duration of the on-call status.

16.5 Training/lnformattonal Meetings
Necessary training and/or informational meetings may be scheduled by the Chief of Police and/or his designated Command Officer. The meetings are to ensure all employees the necessary knowledge so he/she may fulfill the needs of his/her position more professionally. An employee will receive overtime for attendance at all required training meetings, but not including pre-shift briefings. Furthermore, training shall consist of twenty-four (24) hours per Police Officer per year of Police Officers Standard and Training (P.O.S.T.} reimbursable curriculum.

Dispatchers shall attend a P.O.S.T. certified 120 hours Basic Dispatcher School as required by P.O.S.T. within one (1) year of date of hire. Dispatchers shall also receive at least twenty~four (24) hours of P.O.S.T. certified training every two (2) years as required by P.O.S.T.

16.6 Call-Back
Any employee •called outn or assigned to work during his/her normal time off shall be paid a minimum of one hour at time and one half. In the event an assignment is cancelled, call-out pay will not be paid if the employee is notified of cancellation twenty-four (24) hours prior to the assignment.

If an employee is required to and does report for work after employee is called back, he/she shall be paid travel time at the overtime rate in addition to the pay for the time worked. The amount of travel time will be the reasonable time it takes to travel from his/her home to wherever he/she is to report. He/she will be credited with the same amount of travel time to return home, except when the work for which he/she is called back continues until the beginning of his/her next regular scheduled shift, in such cases, travel time for returning home will not be allowed. 14

SECTION 16. INCENTIVE PAY

16.1 Education Incentive
Full-time employees who have at least three years of law enforcement experience and an Associate of Arts Degree in a law enforcement related field shall be eligible for a five percent (5%) pay increase above the employee's current pay step.

Associate of Arts Degree and Bachelors of Science Degrees in Business Administration, Public Administration, Criminal Justice and Administration of Justice shall be accepted to satisfy the degree requirement. Additional Degrees in computer technology would also be considered for the five percent (5%) pay increase mentioned above.

16.2 Tuition Incentive
Employees are urged to continue their in-service formal education. Upon the recommendation of the Chief of Police, the City Manager may authorize City payment for all or a portion of the cost of such education if the education and training is job related. Courses taken via online schools will be considered for reimbursement. Cost of education shall only include tuition, books, and supplies not to exceed $75 expense to the City per semester.

16.3 Blllngual/Biliterate Incentive
The City will pay 5% of gross pay per year for those association members who are bilingual and the city will pay 5% of gross pay per year for those association members who are biliterate for a total possible pay increase of 10%. A Post Standard Test as agreed to by the Union and the City, will be developed to determine qualifications. If a recipient of the Bilingual Incentive Pay refuses to translate, bilingual pay will be terminated immediately.

16.4 Field Training Incentive (Dispatcher and Officer)
Any member assigned to this temporary position, will receive an additional 5% incentive during the time period they are actually training for.

16.5 Motorcycle Maintenance
An Officer assigned to motorcycle duty and assigned a department motorcycle shall receive eight (8) hours overtime pay, 8 hrs@ 1 ½ x) monthly for the cleaning and maintenance of the motorcycle.

Association members assigned to motorcycle duty shall receive the following safety equipment at City expense:
a. Helmet
b. Sun glasses
c. Night glasses
d. Boots
e. Leather jacket
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f. Gloves
g. One pair of riding pants annually
All above reference safety equipment shall remain the property of the City.

16.6 P.O.S.T. Certification
Association members, who obtain either an Intermediate or Advance Certification for the California Police Officers Standards and Training (P.O.S.T.), shall receive a five percent (5%} increase in salary. This salary increase shall not be in addition to salary adjustments associated with obtaining college degrees.

16.7 Deferred Compensation
Association members with five (5) years continued service as of April 1, 1998, shall be eligible to receive up to $100.00 per month in deferred compensation provided by the City as a match to the level of deferred compensation contribution provided by individual Association Members. City match is limited to one (1) year.

16.8 Computer Purchase Program
Upon completion of probation, association members are eligible to participate in the City's employee computer purchase assistance program. Eligible purchases include, but are not limited to: computers, monitors, printers, lap tops, and mobile computers to include tablet computers such as IPADs.

16.9 Special Pay
Corporals and Narcotics Officers shall receive a two percent (2%) salary increase during their designation/assignment.

Detectives only shall receive a 4% base salary increase during their designation/ assignment.

SECTION 17, HOLIDAYS

17.1 Holiday Pay
Association members in lieu of observing holidays will be compensated in cash payout per holiday. Presently there are twelve (12) holidays per year. Association members shall be compensated at straight time for each holiday. Association members shall receive a separate check in July of each year for the total number of hours represented by the total number of holidays, to reflect employee's current shift.

Should a member leave the City's employment during the year, the members final paycheck will reflect a reimbursement to the City for those holiday hours not earned.

The above. Section #17.1, does not apply to the following positions: Public Assistant.

Records Clerk, Police Services Officer and Animal Control Officer. These positions will be observing the authorized holidays and therefore will be compensated as a day off.
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17.2 Authorized Holldays
a. Day before New Years
b. New Year's Day- January 1st
c. Martin Luther King's Birthday
d. President's Day
e. Memorial Day - Last Monday in May
f. Independence Day - July 4th
g. Labor Day - First Monday in September
h. Veteran's Day - November 11th
i. Thanksgiving Day - Fourth Thursday in November
j. Day after Thanksgiving
k. Day before Christmas
I. Christmas Day - December 25th
m. Two (2) Floating Holidays
SECTION 18. VACATION

18.1 Vacation Leave
Annual vacation leave is to enable each eligible employee to retum to his/her job mentally refreshed. The purpose of vacation is to insure the employee's continues efficiency by allowing periods of rest and relaxation. Therefore, vacation shall be taken in units of one week or more except the Chief of Police may allow an employee to take vacation in units of less than one (1) week when he deems it to be in the best interest of the City. Vacation shall only be allowed in increments of one (1) or more days.

Association members may sell back a maximum of 80 hours per year. Vacation sell back will take place two (2) times a year; once on June 1st and once on December 1st• Association members can sell back 40 hours (2x's) once in June and once in December, or he/she can sell back 80 hours (1x) during the year either in June or December.

The City shall pay to each employee all vacation hours accrued in excess of 240 hours on the next bi-weekly pay period.

18.2 Vacation Allowance
Employees covered by this Memorandum of Understanding shall be entitled to accrue vacation at the following rates:

Employees with less than two (2) years of employment shall be entitled to earn up to ten (10) days' vacation per year at the rate of .83 a day per completed month of service or pro-rata portion thereof. Employees with more than two (2) years' service and less than four (4) years of employment shall be entitled to earn up to fifteen (15) days of vacation per year at a rate of 1.25 days per completed month of service or pro-rata portion thereof. Employees with more than four (4) years of employment shall be entitled to eam up to twenty (20) days of vacation per year at a rate of 1.67 days per completed month of service or pro-rata portion thereof. Employees with more than fourteen (14) years shall be entitled to earn up to 25 days' vacation each 17

year at a rate of 2.08 days per completed month of service or pro-rata portion thereof;
1 through 2 years
3 through 4 years
5 through 14 years
15 years or more
80 Hours
120 Hours
160 Hours
200 Hours
An employee is eligible for vacation only after completion of 18 months of continuous service. Employees who have completed the probationary period shall be credited with vacation time accrued from the original date of hire.

18.3 Longevity Incentive
Employees shall be eligible for additional weeks of vacation based on longevity. The time shown shall be for one additional week in each of the mentioned years only:

Completion of employee's 10111, 20111, 25'-h and 30th year.

18.3.1 Career Service Pay
10111 year = 1 week for that year
20111 year = 1 week for that year
25"' year ; 1 week for that year
30111 year = 1 week for that year
Upon reaching such career milestones with the City of Livingston members of the Livingston Police Officers Association Unit will receive a one-time payment of as listed below at the end of such completed year of service.

18.4 Scheduling
5 years
10 years
15 years
20 years
25 years
$100.00
$200.00
$300.00
$400.00
$500.00
The employee shall request in writing his/her preferred dates of vacation at least sixty (60) days in advance to the Chief of Police or his designated Command Officer.

The Chief of Police or his designee will respond back within ten (10) days. The Chief of Police may consider less time when it is In the best Interest of the City. An employee who has given sixty (60) days' notice cannot be bumped from vacation on the basis of another employee's seniority.

18.5 Pay Upon Tennlnatlon
Any employee shall be paid for any unused vacation time on the termination of his/her employment. The employee shall be paid at the rate of pay in effect at the time of his/her termination.
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SECTION 19. LEA VE PROVISIONS

19.1 Sick Leave
Sick leave accumulation shall commence the first day of employment at a rate of eight (8) hours per month. The taking of sick leave shall commence upon the completion on one month employment.

Unused sick leave shall be accumulated at the rate of ninety-six (96) hours a year.

The maximum accrual rate of sick leave for any employee will be 2880 hours. (This is the equal to 30 years times 96 hours).

Upon resignation, an employee shall receive 50% of all unused sick leave converted into cash.

Upon retirement after June 30, 2002, each employee shall have 100% of their unused sick leave cashed out or placed into a special account for the sick leave conversion plan benefit for retiree health. (Refer to Section 20.4 - Post Retirement Benefits for explanation of the Sick Leave Conversion Plan).

An employee may be required to submit a Physicians slip for any sick leave used immediately after using three (3) consecutive days of sick leave.

The Department Head may contact and counsel a specific employee, if it appears the usage of sick leave is improper.

In the event Worker's Compensation payments cover all or part of the period during which sick leave is paid, the sum of the two shall not exceed the sick leave benefit payable for said period, and the unused portion of accumulated sick leave will continue to be credited to the employee.
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19.2 Industrial Disability Leave
Any permanent employee of the City who has suffered any disability arising out of an in the course of City employment, as defined by the Worker's Compensation laws of the State of California, shall be entitled to disability leave while so disabled without loss of compensation for the period of such disability to the maximum of sixty (60) days. Such disability leave with pay shall be renewable in sixty (60) day increments by the City Council for a total period of one (1) year, subject to examination confirmation of the continuing disability by a physician selected by the City every sixty (60) days.

During the period the employee is paid by the City, the employee shall assign or endorse to the City any benefit payments received as a result of Worker's Compensation insurance coverage. The City reserves the right to withhold payment of any disability benefits until such time as it is determined whether or not the illness or injury is covered by Worker's Compensation.

The benefits of Sick Leave and Disability Leave shall be mutually exclusive at any one time, and no Disability Leave may be used for the purposes specified under Subsection 19, Sick Leave, and no Sick Leave benefits may be used for the purposes specified under this Subsection 19.2 Disability Leave.

Employees shall accrue vacation credit during an Industrial Disability Leave which does not exceed thirty (30) days in any one (1) year.

19.3 Long Tenn Disability
Employees covered under this MOU will be covered under the City of Livingston's Long Term Disability Plan, paid for by the City.

19.4 American Disabilities Act
Because the ADA requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-bycase basis, the parties agree the provisions of this Agreement may be disregarded in order for the City to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff, reassignment. termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

The association recognized the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Association will be notified of these proposed accommodations prior to implementation by the City.

Any accommodation provided to an individual protected by the ADA Act shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance/arbitration procedure.

Prior to disregarding any provision of this Agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide the 20

Association with written notice of its intent to disregard the provision, and will allow the Association the opportunity to discuss options to disregarding the Agreement.

However, as the City has a legal obligation to undertake required accommodations, such action shall not be subject to bargaining with the Association, unless required by statute of controlling court decision.

19.6 Funeral Leave
Employee shall be allowed a leave of absence with full pay for up to 40 work hours due to the death of a member of Employee's immediate family. For purposes of this provision, immediate family shall include spouse, domestic partner, child {including legally adopted child), parent, grandparent, grandchild, step-parent, stepchild, sibling, step-sibling, father-in-law, mother-in-law, sister-in-law, brother-in-law, son-inlaw or daughter-in-law of the eligible employee. Requests for bereavement leave for persons not listed above may be granted at the discretion of the City Manager or his/her designee. Time off for funerals or bereavement leave must be taken within time of service of the immediate family member.

19.6 Leave of Absence
Upon written request, a leave of absence without pay may be granted to any permanent employee for a period not to exceed six (6) months for the following reasons:

1. Illness or disability not covered by sick leave.

2. Education or training which will benefit the employee, but that which is not paid for by the employer.

3. Personal reasons: In the event of unusual or special circumstances, a leave of absence may be extended if recommended by the Chief of Police and approved by the City Manager.

A request for a leave of absence without pay shall be made in writing to the Chief of Police stating the reasons for such request. For leaves of absence in excess of fJVe (5) days, the Chief of Police shall submit the request with his/her recommendation to the City Manager.

All accumulated vacation time shall be exhausted prior to having been granted a leave of absence without pay. Any employee, who does not return to work on the subsequent work day after the date of expiration, shall be considered terminated.

The employee, while on authorized leave of absence, will not be eligible for accruing vacation and/or holidays, and will not be eligible for clothing allowance.

19.7 Maternity Leave
A pregnant employee holding a permanent position shall be entitled to a leave of absence for up to one hundred and twenty (120) days. This leave shall commence upon certification from the employee's attending physician she is no longer capable of performing the duties of her position.

Upon advice of her physician, the employee may request a temporary transfer to a less strenuous or hazardous position carrying the same or lower salary which she is 21

qualified to perform. However, nothing herein shall result in the displacement or transfer of other employees in permanent positions or the performance of unnecessary work.

Where it is the opinion of the Department Head, the employee should be placed on leave sooner than prescribed by her physician due to her inability to effectively or safely perform the duties of her regular position or of one to which the employee may be required to undergo examination by a second physician. The cost of this examination shall be paid by the City and shall be ordered without prior approval of the City Manager.

During the first six (6) weeks of such leave, the employee shall be entitled to utilize accrued vacation. While the pregnant employee is on a paid leave status, service credits shall continue to accrue and the City shall continue payments toward group Insurance and retirement coverage.

Upon expiration of the approved leave, the employee shall be reinstated to her former position. Prior to the employee being reinstated, the Department Head may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position.

An employee may, based upon medical factors, request her leave be extended beyond one hundred twenty (120) days and shall submit a supporting statement from her physician. The Department Head wit~ the approval of the appointing authority may extend the leave for up to an additional thirty (30) days.

All approved Maternity Leave will be without pay. The employee, while on Maternity Leave, will not be eligible for clothing allowance.

19.8 Military Leave
Any employee who is a member of a reserve force of the United States or the State of California, who is ordered by the appropriate authorities to attend a training period or perform other duties under the supervision of the United States or State of California, shall be granted a leave of absence without pay during the period of such activity except for as provided by law.

SECTION 20. HEALTH AND WELFARE

20.1 Medlcal..Oental-Long Term Disability and Life Insurance Effective February 1, 2006, for those employees known as the Livingston Police Officers Association, the City of Livingston will pay all premiums associated with the cost of providing dental, vision, long term disability and life insurance for full-time employees and their eligible dependents.

Also effective February 1, 2006, the City of Livingston will assume full control over the benefit plans offered to the employees, including the selection and retention of any and all agencies involved in providing and maintaining medical, dental, vision, long term disability and life insurance benefits. The City agrees to continue to provide comparable or better benefit plans for the employees as long as the financial 22

condition of the City is such that it can afford to cover the cost of providing the benefits.

Effective July 1, 2021, the City of Livingston shall contribute the following amounts monthly toward the total premium for medical plans; the employee is responsible for the balance of the premium cost, if any.
starting January 1, 2022, premium increases above the contribution caps below will be covered 60% employee and 40% City costs. The 60/40 premium increase split will continue for each year of the contract.

City Monthly Contribution Cap:

Employee Only
Employee + One
Family
Jul. 1, 2021
eeQ. EPO
$ 581.98 $ 650.16
$1163.96 $1300.31
$1543.17 $1720.41
Bargaining unit members who opt out of participating in the group medical plans sponsored by the City, and who provide proof of their medical coverage in a group plan, will receive $400 per month. Any FederaVState laws/policies/guidelines conflicting with this incentive program should supersede this section of the MOU and incentive may be subject to termination.

20.2Medlcal Examinations
The City, at its option, may require a physical examination of each employee upon his/her entry into the Police Department and of each employee at least once a year during the term of this agreement. Annual physical examinations shall be normally held on the anniversary date of an employee's entry into the Police Department.

Standards of each examination shall be the same for all employees. Any expense in connection with the physical examination will be borne by the City; however, this is not to be considered as meaning the City will pay for the treatment of any physical ailments which may be discovered by such examination. Medical examinations will be performed at a location selected by the City.

20.3Retirement
The benefit contract in effect between the City of Livingston and the Public Employee's Retirement System (PERS) in behalf of eligible pennanent full-time employees of this unit as of July 1, 1989 shall be continued during the term of this Memorandum of Understanding.

The City will contribute the employee's seven percent (7%) payment to PERS. The payments made by the City on behalf of the employee will remain in the employee's account and may be withdrawn by the employee at such time as the employee terminates from participation in PERS or retires. However, money contributed by the city on behalf of the employee will be considered taxable income during the year in which it is withdrawn. The city will furnish all employees an annual statement of the monies deposited in PERS on their behalf.
23

The City of Livingston shall amend the City's contract with the Public Employees' Retirement System (PERS) to provide the following additional benefit as provided by Section 20042 of the Government Code:

The period for determining the average monthly pay rate when calculating retirement benefits will change from the 36 highest paid consecutive months to the 12 highest paid consecutive months. (Applicable only to members retiring or whose death occurs after the effective date of the contract amendment.)

20.3.1 Effective upon execution of this agreement Livingston Police Officer Association, Classic members will pay an additional one percent (1 %) of the Employee contribution to PERS for a total 5%.

Effective July 1 , 2019; Livingston Police Officer Association Classic members will pay an additional one percent (1 %) of the Employee contribution to PERS for a total of 6%.

Effective July 1, 2020; Livingston Police Officer Association Classic members will pay an additional one percent (1%) of the Employee contribution to PERS for a total of 7%.

All employees hired on or after January 1, 2013, who are considered "new members" under the Public Employees Pension Reform Act (PEPRA) will be provided a CalPERS benefit formula of 2% at 62 for Miscellaneous and 2% at 57 for Safety.

In addition, Mnew members· shall be subject to the contribution requirements in Section 7522.30(a) and (c) of the PEPRA. Accordingly, •new members• shall pay 50% of the normal costs of their pension benefit and the City shall not pay any of the required employee contribution for ~new members."

20.4Post-Retlrement Benefits
For all employees employed by the City as of July 1, 1989 only, who retire from the City's employment under the Public Employee's Retirement system currently in effect (other than disability retirement), the City will continue to pay the premiums for health and dental care insurance coverage in an amount equal to the amount paid if the employee was still employed by the City.

For all employees employed by the City after July 1, 1989, who retire from the City's employment under the PERS currently in effect (other than disability retirement), shall be eligible for the City's Sick Leave Conversion Plan for Retiree Health. 24

20.SSlck Leave Conversion Plan
Eligible employees shall have unused sick leave credits (accumulated hours) converted to a cash equivalent value for the purpose of continued payment by the City of the premium for either both the health and dental insurance plans provided by the City for active employees and their dependents, regardless of the retirement option exercised, provided that:
a. the employee has been covered under an insurance program of the type selected for payment (health or dental or both) provided by the City during the year immediately preceding such retirement; and
b. the employee has been eligible to accumulate unused sick leave credits {hours); and
c. the employee has not attained eligibility age for Medicare Benefits; and d. the employee has attained the minimum retirement age of the retirement plan relating to the employee's classification and is eligible for a monthly retirement allowance at the time severance is made from employment with the City, except when an employee is retired on either ordinary or service connected disability retirement pending regardless of whether said application is filed by the employee or by the City on the employee's behalf.
e. The cash equivalent value of accumulated unused sick leave shall be determined on the basis of the houriy rate of pay earned by the employee immediately prior to the employee's retirement multiplied by the number of hours of such unused sick leave.

The credits {hours) of any employee for accumulated unused sick leave as determined according to the provisions herein shall be depleted each month by the amount of the City's contribution on behalf of said retired employee and the employee's eligible dependents, or in the case of an employee who is on a leave of absence pending the approval of an application for ordinary or serviceconnected disability retirement which has been filed by the employee or the City on behalf of the employee, in payment of the premium for the health and dental insurance plans provided for active employees of the City and their eligible dependents. The City's payment, on behalf of such employee, of such premium for the health and dental insurance plans shall cease at the end of the month immediately preceding the employee becoming eligible for Medicare, or at such time as the remaining cash equivalent value of the employee's accumulated sick leave is insufficient to equal a full month's premium, or at death of the employee, or at the disapproval of the employee's application for ordinary or service-connected disability retirement; and f. Any retired employee, or in the case of any employee who is on a leave of absence pending the approval of an application for ordinary or serviceconnected disability retirement which has been filed by the employee or the City on behalf of the employee, whose cash equivalent value for accumulated unused sick leave is depleted prior to the said employee becoming eligible for Medicare may, at the employee's election, submit to the City the required 25

monthly premium for transmittal to the insurance carriers providing the coverage for the health and dental insurance plans, and thereby continue in full force and effect the said, health and dental insurance plans. The eligibility of dependents of any such employee shall be dependent upon the eligibility of the employee.

In the event the application for ordinary or service-connected disability retirement is disapproved, the employee shall not be entitled to receive unused sick leave credits (hours) for any day or portion thereof of unused sick leave which the employee designated and used for purposes of health and dental insurance premium payments.
g. Immediately prior to or at the time of retirement, an employee shall designate:

The amount, it any, of his/her unused sick leave credit which shall be converted to a cash equivalent value for purposes of health and dental insurance premium payments as provided and explained in the previous sections.

However, the employee may elect the City to convert either 30%, 50% or 100% of the equivalent value for purposes of health and dental premium payments.

The City shall designate a 45 day period for open enrollment per year which the retiree may elect to change his/her initial choice to either 30%, 50% or 100% or may elect to freeze any payments.

Should the retired employee die before his/her designated beneficiary, his/her designated beneficiary shall receive the balance of the sick leave in a lump sum cash payment. If no beneficiary Is designated, the City shall receive the balance. It is the responsibility of the employee to have a designated beneficiary. The designated beneficiary shall be the spouse or an eligible dependent under the terms of the current MOU.

Extension beyond age 65 of eligibility for payment of health insurance premiums based on unused sick leave - Employees who retire at age 65 shall be eligible to have unused sick leave credits (hours) converted to a cash equivalent value for the purpose of payment by the City of the premium requirement for a health or dental program or both, to supplement Medicare benefits for the employee and his eligible spouse. In the event said spouse or other eligible dependents are below age 65, the premium requirement for a conversion program shall be paid from the unused sick leave credits (hours). It shall be the responsibility of the employee to locate an appropriate insurance carrier.

20.6 Death Benefits
City shall provide death benefits coverage for eligible individual employee under this bargaining group for up to $200,000.
26

SECTION 21. SAFETY

21.1 Observance of Safety Rules and Regulations
Both the City and the Union shall expend every effort to ensure work ls performed with a maximum degree of safety, consistent with the requirements to conduct efficient operations. Each employee covered by this Memorandum agrees to comply with all safety rules and regulations in effect any subsequent rules and regulations that may be adopted. Employees further agree they will report all accidents and safety hazards to the appropriate management official immediately. Any employee having knowledge of, or who is a witness to, an accident shall give full and truthful testimony as to same.

21.2 Safety Equipment
Protective clothing or any type of protective device required in employee's work will be furnished to the employee by the City at no cost to the employee. All employees shall use City supplied safety equipment only for the purpose and use specified under applicable safety rules and regulations. Baseball caps are permitted as part of the employees' uniforms except for Class A uniform guidelines.

All special police equipment required for use by employees as determined by the Chief of Police will be furnished without charge. Each employee will be responsible for proper care of such equipment and will be required to replace such equipment in case of loss or negligent destruction of same.

21.3 Unifonns and Protective Clothing
Effective upon execution of this agreement, all employees shall receive a $900 uniform allowance per calendar year, paid quarterly. This increase Is In exchange for the elimination of the dry cleaning reimbursements formerly provided by the city.

Employees will be responsible for care and up keep of uniforms. (No boot allowance)

21.3.1 All members will be allowed to wear beards as long as they are well groomed and maintained.

Sworn and non-sworn department members are permitted to wear goatees with mustaches or beards that are maintained at a length and pattern so as not to detract from the professional image employees of the Livingston Police Department shall maintain.

Facial hair should be neatly trimmed and maintained at a length not to exceed 1 inch.

Beards must be trimmed above and below and shall not be permitted below the Adam's apple or on the neck. Uniformed officers shall not be permitted to wear facial hair with less than five days growth. Any facial hair other than that defined as a goatee with mustache or beard, such as a goat patch, soul patch, chinstrap beard, goatee without mustache, mutton chops, Balbo, chin curtain, van dyke beard, or chin puff, are strictly prohibited.
27

Sworn personnel working in undercover assignments, or specialized assignments requiring facial hair not otherwise authorized by this policy, shall be exempt from the restrictions at the discretion of the Chief of Police or his/her designee.

Beards and goatees are PROHIBITED while wearing a Livingston Police Department Class A uniform. Mustaches are allowed white in Class A uniforms as long as they are clean and neatly trimmed. The mustache may not extend lower than the bottom of the comer of the mouth, also referred to as the oral commissures. Facial hair as it is defined above is allowed at any time while wearing any other Livingston Police Department approved uniform. The Chief of Police or his/her designee will be the final authority with regards to what is deemed appropriate.

SECTION 22. POLICE OFFICERS' BILL OF RIGHTS
The Police Officers' Bill of Rights shall be incorporated into this agreement by reference and shall apply only to sworn Police Officers.

SECTION 23. DISCIPLINE AND DISCHARGE
See Section 9 of Personnel Rules and Regulations
SECTION 24. WORK RULES

24.1 Compliance
It is the employee's responsibility to comply with all work rules approved by the Chief of Police.

SECTION 25. GRIEVANCE PROCEDURE
See Section 1 o of the City's Personnel Rules and Regulations SECTION 26. PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING This Memorandum of Understanding shall supersede all existing and prior Memoranda of Understanding between the City and the Union, Resolutions and Ordinances which are in conflict with this agreement.

SECTION 27. RESOLUTION OF IMPASSE
See Section 11.16 of the City's Personnel Rules and Regulations SECTION 28. SEPARABILITY OF PROV1SIONS
Should any section, clause or provision of this Memorandum of Understanding be declared illegal and unenforceable by final judgment of a Court or Competent Jurisdiction, such invalidation of such section, clause, or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of the Memorandum of Understanding. In the event of such invalidation, the parties agree to meet and confer immediately concerning substitute provisions rendered or declared illegal. 28

IN WITNESS WHEREOF, the parties hereto set their hands and seals by their respective officers duly authorized to do so this _____ day of _______ , 2025.

City of Livingston - Employer
By:~O!Ho--~-
Christopher Lopez, Interim City Manager
t I ~1 /Zt,i.r
Date Date
29

For Operating Engineers Local Union No. 3
of the International Union of Operating Engineen, AFL-CIO TimNeep Date
Director, Public Employee Division
Allen Dunbar Date
Business Representative
30

EXHIBIT"B"
Approved bv Council on 1111912024

CLASSFICATIOH
Account Cieri<
ACCOtJntant I
Accounlanl II
Accounling Technician
Administrative Analyst
Mminislrative Analysl PW
Administrative Assitttant
Administralive Services l\lanager
Asti$tanl Planner
Assistenl 10 the Cily Manager/Deputy City Cieri<
Buiding Official
Chief of Pdice
CityCle<I<
C4yCounCII
C4y Managor
City Treasurer
Code Compliance Officat
Commun4y Oevelopmant OiA!Clor
Communications/Records Manager
Community Service OffK:er
Custodian I
Cus1odian II
Dnclor of Public Wortcs
EICOCU!ive Assistant to the City l\lanager
Finance Director/Assistant Ctty Manager

COMPREHENSIVE PAY SCHEDULE
Effective July 1, 2024
h""'I-Group T..,,. A 8 C 0 E
Hourly 18.25 19.18 20.12 2,.13 22.18
Clerical
- 3,183.34 3.321.50 3,487.58 3,881.98 3,645.08
Annually 37,980.08 39,858.08 41 ,850.98 43,943.51 48,140.69 Hotllv 29.37 30.84 32.38 34.00 35,7D
MgmtJConftcMntlal - 5,0!10.0 5,345.02 M1227 5,892.88 6,18753 Annually 81,085.94 84,14D24 67.347 25 70,714.61 74,250.34 H_,,, 33.99 35.69 37.48 39.35 41.32
MgmtJConndentil~ Monthlv S.892.38 6,187.00 8.4118.35 8,82117 7. 1&2.22 Annuolly 70.708.55 74.2431111 77,958.17 81,853.1111 65,948.68 H"""" 21.69 22.17 23.91 25.11 26.36
Cle~al M.,..,. 3,759.05 3,947 00 4.144.35 4,351 .57 4,589.14 Annu.ity 45. 108.58 47,363.99 49.732.18 52,218.79 54.829.73 Ho•- 25.77 27,08 28.41 2983 31 33
Cferkal -y 4,487.24 4,690.80 4,925.13 5,1 1.39 5,429.80 Annually 53,608.87 58.287 22 59,101.58 62,058.85 65.IS . 9 Hourly 25.77 27.08 28.41 29.83 31 33
c .. rk;:111 Monthly 4,487.24 4,690.60 4,925.13 S,111.39 5.429.8" Annu,J/y 53,608.87 58,287 22 59,101.!;8 82,058.85 85,159.49 HO"'"' 22.23 23.34 24.51 2573 27.02
Cllrk:11 - 3,853.17 4,045.82 4,248.12 4,4e0.52 4,8113.55 A Mua/fy 48.23799 48,549.69 50,977.39 53,52626 58,202.57 Hourlv 3136 32.93 34.58 36.31 3812
MgmtJConfldlnHal
- 5,438.34 5,708,16 5,993.57 6,29324 6,607.91
Annullly 65,236.09 ea,497 a9 71,922 79 7S,5 .93 79,294.IIS ,,,..., 2405 25.25 26.52 27.84 29.23 Unnprwsenttd
- 4,168.75 4,377 19 4,596.05 4,825.85 S,067 14
Anooolly 50,025.00 52,526.25 55,152.58 57,910.19
MgmlJCanfidentilt H,..,,, 44.20 48.41 48.73 5117 .3
- 7,881.33 8,044.40 8,446.62 8,888.95 9,31
Annuofly 91.936.00 80.532.80 101,359.44 108,427.41 111,7 .7 Ho""" 20.58 21 51 22.87 23.81 2.
.,_,,.p,Nlttntld Monlftly 3,58448 3,742 70 3.929.84 4,126.33 '-332.8S Annuall)o 42,773.78 44.912.45 47.158.07 .515.97 51,991.77 Horm 64.53 8776 7115 -71 ,,. u11,.preMnN:d - tl,11!1S.89 11,745.18 12,332.44 12,949.07 13,580.52 Ann"""Y 134.:::-140.942.21 147,989.32 155,388.79 183,158.23 Elect•d -
Annually -
HOufhl
Elected M.,.,,,,,, 300.00
Annuo/ly
HoutlY 72.30 78.ID .11 84.32 68.78
Unrepr .. tnted Mormw 12,531.18 I 13,190.71 I 13,884.80 I 14.815.75 I 15,385.00 • .,,.,ulJl/y 150,374.14-58,288.57 188,819.55 175,389.00 184,820.00 Houtly
EJec .. d -y 60.00
Annually
Hourly 25.11 27 !I !II 2911 3 .

LPOA - • 490.4'! 7 ,.11111. 5.45819
-- 5)88584 s ~ . II 1 3 85.49'.34
Hotn~ 54 ... 9 57.21 .07 88.23
Mgmt.JeonfldenUal - 9,444.51 9,916.81 10,412.65 10,933.21 11,470.95 Allnualfy 113,334.95 119,001.70 124,951 78 131199.37 131,1S9.34 Ho_, 27.0C 28.39 29.81 3130 32.88
MgrntJC011fldln1ial -y 4,888.18 4,920.49 5,188.51 5,424.84 S,896.0 Annualfy 58.234.15 59,045.118 61,998.15 85,098.06 68,352'" Hourlv 19.57 20.55 21.58 22.88 23.79
UnnprHent.d - 3,392 92 3,582.57 3.740.89 3,927 73 4,124.12 Annually 40,715.04 42,750.79 44,688.33 47.132.75 41,481.31 Hnu,fv 16.84 17.47 18.35 19.26 20.23
AFSCME/Publk: Worllo _, 2,884.27 3.021.'8 3,179.10 3,33890 3,505.84 Anooolly 34,611.20 36,341 78 38,158.85 40,068.79 42,070.13 Hourly 19.09 20.04 21.04 22.10 23.20
AFSCMEIPubllc Work• _, 3,30S.58 3,473.1111 3,847.68 3,830.07 4,021.57 AntNNJ/ly 39,702.67 41,687.80 43,772 19 45,960.80 48,258.84 Hourly 52.79 55.43 58.20 8111 8416
Unrtp,9Hnt•d Monlftly 9,149.87 9,607.37 10,087 74 10,502 12 1 ,11 Annuofly 109,798.48 115,288.40 121,0 S2.82 U 711D5.'8 133,460.73 Hourly 26.07 29.48 30.15 3250 34 12
MgmfJCOl'lfldtntlel -· 4,888.22 5,109.53 5,365.01 5,833.26 5,914.92 Ann .. Ny 58,394.83 8 1,314.36 84,380.08 67,599.09 70,97904 Ho,.,., 59.72 82 70 85.84 69.13 72.st
Unrepresenttid Mollltlly 10,350.83 10,868.37 11,411.79 11,982.38 12,581.50 Annually 124,209.98 130,420.48 138,941.48 143,781.58 150,977 99

23.29 .-1,037.31
48,447 72

27.811
4,797.80
57,571.22

32.89 5,701.48
,417.48

32.•
5,701.4
68,417.48

28.37 4,9\7.72
59,012.70

HN.., 33.21 308 38.62 38.45 40.37
~ Rt,oun:es c~ MgmtJConfldentlal -· 5,757.•9 e.o•5.04 6.34730 9,0006 U117,611 Annually 69.0lle.22 72,540.53 76.167 SO 18.975.M 83,974.73 H°""" 28.32 27.84 29.02 30.U 3199
Lead Maintenanca W'Ol'Qr AFSCMEJPubflc Work■ -· 4,562.27 4,790.38 S,029 80 5.281.39 5,545.48 Annually S.,74119 57 ..... 55 80.356.78 63.378.72 68,545.55 Houtfy 28.32 21.84 211.02 30.U 31.911
Lead Parl<s/landscape Wofl<er AFSCMEJPvb11c Workt - 4,562.27 4,790.38 5.029.80 5.281.39 5.545.'8 AM.ally 54,747 19 57.•84 55 60.35U8 63.378.72 68,545.55 Houtlv 25.10 26.38 27.68 21100 30.51
Maintenance MechOllic AFSCM~IIIIC Work■ - "35U1 4,568.98 4.797.43 5,037.31 5.2811.17 Annulllly 52.218.87 54.827.81 57,5611.20 80,447.06 83.470.05 Houm 20.11 21 11 22. 17 23.28 24.4'
Maintenance Worklr I AFSCME/Public V'iorlls - 3,48545 3.8511.72 3,842.71 4,034.114 •.238.511 Annulll/y '1,825.39 43.918.88 48.1 1250 48,418.12 50,830.03 H°"'), 23.23 2U5 25.87 26.05 28.30
Maintenance Worii,r II AFSCME/PubUc: Works _, 4,D35.53 •.237.31 •. ,.9.17 071.63 4,905.21 /IMaolly •8.426.37 50,847.69 53.390.07 56.059.58 58,68U5 HN.., 18.84 17.47 18.35 19.28 2023 21.24
Olli:,oA,$$i$1 .... I c .. ,1ea1 "'""""" 2.884.27 3.028.48 3,179.80 3,338.90 l .!i05JS4 3.68114 .NIINJo/ly 34.611.20 38,341.78 38,158.85 ,o.oee 79 4f~70.U 1'941,113.6' H°""" 8227 85.38 88.65 72.0B 75.88
.. ~.leut•nanl Supervlaory
- 10.7112 73 11 332.37 11,1111109 12.4113.M 13,118.83
,.,. ....... 1211.51260 135.11118.44 142.78718 149,927.28 157.423.82 - 38.04 39.94 •1M 44.04 48.24 Pok-:e COmmandar Supt-rvl1ory -· UIIU3 8,923.83 7.261181 7.633.30 8,014117 .........,, 711.127.21 83,083.58 87.23775 91.599.84 1111.1711.82 Houtfy 36.13 37114 31114 •183 43112
Polee Corporal I.POA - 8,283.38 6,S76 5.5 8.90538 7.250.85 7.61318 Annually 75.18059 7891U2 82.1184 55 87,007 77 91,35818
Houny 371111 39.88 ,us '395 '814
Polee Corporal w/Oeg..e LPoA -· 8,580.22 8,900.23 7.2509 7,817.43 7.09830 -- 78,982.85 ai uto 79 '7.05832 81.4011.13 95.979511
Hourly 21 05 2210 23.21 2437 25 58
Pt>lca Dispak:her LPOA - 3,848.30 3,830 72 4,022.25 iC,223.3'1 4.434.53 AMually 43,779.81 45,968.59 41,28702 SO.N0.37 53.214 311 Houtlv 18 80 111.74 2013 2177 22.88
Polee Office Assistant I LPOA - 3,259.24 3,422.20 3,S9331 3,772118 3,1111 ".83 Annually 39,11090 41,088.45 43.1111.77 45,275.78 47 531155 Hourlv 2131 211.73 3121 32 78 3'.41
Polee Officer LPOA - 4.90750 5.152.18 5,410.52 S,081.05 5.1111510 AmulllN 58.890 00 81.834.SO 84,926.23 88,172.54 71,58117 HN""' 211.74 31 23 32.711 34.43 3815
Polee Officer w/Oeg..e LPOA
- 5.15581 5,413.311 5,884.08 5,1111827 a . .e&.88
AMuaRy 81.187 35 84,960.72 88,208.70 71,819.19 75,200.15 H~-,. 1882 111.55 20.53 21.58 22.84
P...., Publr. Ass stanl LPOA
- 3,227711 3,389.18 3,558.84 3,736.57 3,1123.40
AMuaRy 38,733.411 40.870 17 42 703.87 44,838.18 •7.080.80 Hourlv 17 11!1 1802 18.112 19.18 20.08
Polee Records Assistant LPOA - 297UO 3,123.12 3,279.28 3,443 24 3,815.40 illvllla/ly 35,892.80 37,471.44 39,35131 41.318.68 43,384.82 - 48.44 48 78 51 20 53 78 58.45
POQSellje&nt lupentiso,y -· 8,049.3' 8.45185 U1U4 11.318.18 9,784.07 ,.,,,.,.,,.., 1111.592 52 101.42215 108.4113.25 111,81792 117.4011.81 - '8.71 51.23 53.79 58.'8 511.30
P :>'ca Selljeant w/Oeglee Supervtaory - 8,458.22 ~.879.03 9,322.98 11.789.13 10.278 511 ,.,,,.,.,,.., 101,'7U5 108.548 38 111.e1s eo l17,'81159 123.343.07 Ho,n, 2105 2210 23.21 24.37 2558
Public SeNices Officer LPoA - 3,848.30 >.83072 4.02225 4,223.38 4.434.53 Ar,m,111/y 43,7711.81 45 9118.59 41.287.02 SO.N0.37 53.214 311 Hourly 26.38 2770 211.0B 30.53 32.08
Public Worl<s Lead AFSCME/Publk; Worl<o MonlNY . ,571.88 4 ,800.45 5.04D.50 5.2112.53 5,557 15 Annulllly 54,882.59 57.805.72 80.431.00 83,510.30 68,885.82 Hoom, 211.37 30.14 32.38 34.00 35.70
Public Worl<s St..et Supervisor MgmtJConlldtn11al - 5.011123 5,34580 5.613.D9 5,893.7' 8,11!8.'3 Annu8"y 8 1.09410 84.1'95' 87.357.02 70,720 7 74.261 12 Houtlv 31.52 33 10 34.75 38.49 38.32
Public Worl<s Superintendent MgmtJConnct.ntlal ManN, 5.483 DI 5,7311a 8,024.04 8,32525 8,641 51 Annually 65.58782 68,848.21 72,288.52 75,902.9' 79.898.0II Houtlv 30.75 32.211 33.90 35.80 37.38
Public Works Supervisor Water Division MgmlJConfidenllal /,Ion/Ny 5,329.89 5.51111.38 5,878 .20 8,170.01 8,478.51 AMualty 83,958.82 87,158.55 70,514.38 14,040.H) 71,742 11 HN""' 1871 17 54 18.42 19.34 20.31 21 32
Recreation Coordinator Clorlcol "'""""" 2,895.84 3,040.42 3,192.44 3,352.08 3,519.87 3,695.85 Mluo/ly 34,74767 36.485.05 38,309.31 40,224.77 42,238.01 44,347-81 - 18.24 19. 18 20.11 2112 22 17 23.28
Recn,alion Spaaaisl Clltical Monthly 3,Ul2.19 3,320.30 3.,88,31 3,000 83 3, .. 3.86 4,035.&5 NIINJolly 37,948.28 39,843.80 41,835.73 43.921 57 48.123.114 48,430.14 H,..,,, 25_33 2680 2792 211 32 30.79

RecreaUon Superinlendant Mgmt.lConlidtrrtMII 4,390.31

52.683.70
2116
Senior Account Cl811< Clerical 3,888.37
'4,020.44

46.99 Senior Accountanl Mgml.lConfldtntilt 8,144.61
97,735.32
2U5
Senior AdminislratMI Analyst Cltrk:al 4.93210

59.185.18

30.01 Senior Administrative Analyst/Comm. Develop. Clrltrkaf 5,201.83

82.421.98

16.64 Senior Office AHistan1 Clorlcol 2.88'27
34,611.20

35.95 Senior Planner MvmUConfldentlal 6,231.08

74.772_95
Slreel Sweeper Operator 3,750.24
45,002.87
22 UtiityWO<l<erl 3,04118
'7,293.92

25.10 Utiity Worker II 4,351.41
52,218.97

30.52 Water/Wastewater Operator I AFSCMEIPub11c Works 5,290.11 Water/Wastewater Ope,ator II AFSCMEJPvbllc Works
Wa1er/Wastewaler Ope,at0< Ill AFSCMEJPubllc Wo .. 1
Watar/Waslewaler Mana'1'!f
Walar/Waslewaler Operalor(JIT j ln training)
• Degree Includes: AA. BA, lntenmediale or Advanced Post Certilicates. No compounding for multiple degrees °' certific&les as stated in lhe MOlls.

Classification of Office Assistant I, Off,ce Assistant II, Administrative Assistant. Recreation Specialisl, Recreation COOfdinalor, Administrative Analyst and Sr. Adminislralive Analyst posdions are not specific to one department. Their positions can be used ,n any of the City's vanious departments and/or may be used by multiple departments as detenmined by 1he Cdy Manager Positions are filed on a l'uS-time or part-time basis as detennined by the City Manager,

PART-TIME COMPREHENSIVE PAY SCHEDULE

CLASSIFICATION STEP
A B C
Adminisltative Analvst 19.38 20.35 21.37
Adminislrative Assistant 16.72 17.55 18.43
BLilding Maintenance Worker 16,50 17.33 18.19
Grants Analvsl 26.00 27.30 28.67
Lifeau.d 16.50 17.50 18.38
Maintenance Worker I 16.50 17.33 18.19
Office Assistant I 16,50 17.33 18.19
Office Assistant II 16.50 17.33 18.19
Police OiMatcher 17.05 17.90 18.79
Police Records Assistant 16.50 17.33 18.19
Recreation Leader 16.50 17.33 18.19
Recreation Soecialisl 16.50 17.33 18.19
Resenie Police Officer 25.75 27.04 28.39
Sr Administrative Analyst 21.40 22.47 23.60
4,609.82 4,840.31 5,082.33 5,338.0

55.317.89 S8.0U.78 80,987.97 6'.037.37
2 .2 2 .33 24.50 25.72 27.01
3,8S1.79 4,04 •. 38 4,246.60 ,.458.83 •.881.87
46,22UII 48 . .S32_S4 S0,959.1' 53 . .50712 56.112.48
"· 51. 57 11

8.5 8, 79. 3 9,428.40 U9U2
I 2. 2 .09 107,753.19 113,140.85 118,797.69

29.88 31.37 32. 32
5,173.70 5,437.8 5.00 6,294.75

82.1 5.251. ,51 . 71, 3 . 75,538.98
3151 33.09 304 38.48 38.30
5,481 92 5,735.02 6,021.77 6,322.86 6,1539.00
65,543.08 88,820.23 72.291. 7 . 7 . 1 79. .02

17.47 18.35 19.29 20.23 21.24
3,028.48 3,179.90 3,338.90 3,S05.8' 3,68114

38.341 78 38,1S8.85 40.088.711 42.07 .13 44.173.
3775 31U13 41.01 '3.70

6.54263 "·'""" 7,213.25 7.573.02
78,511.80 82.437 18 86,559.03 90.INIG.99
2 7 23.85 25.05 29.30
3,03775 4,134.64 4,341.37 4.5S8.44

47.253_01 49.61500 52.0116.•5 54,701.27

2.7 25.07 29.32 27.6'
4,138.22 4,345.13 4,562.39 4,790.51
40,656.62 52,141.55 SC,748_63 57,486.08

29.38 27.68 29.0B 30.51
4,56U8 4.797.43 5,037.31 5,269.17
54,827.81 57,569.20 60,'47.68 63,,70.05

32.05 33.65 35.33 371
5,554.62 5,832.35 6,123.98 8,430.16
68,855.39 89,988.15 73,487.56 77,161.04

38.33 38.15 40.08 42.08
8,298.02 6,812.92 6,043.56 7,290.74
75,576.18 79.3 3, .7 7,
•o.e• 42.72 44.88 '7.10
7,052.15 7,404.78 7,775.00 8,183.75
8'.825.85 88.8S7 1' 93,300.00 07,

47.40 .77
D E

22.44 23.56

19.35 20.32
1910 20.06
3010 31.60

19.29 20.26
1910 20.06

19.10 20.06
1910 20.06

19.73 20.72

19.10 20.06
19,10 20.06
1910 20.06

29.81 31.30

24.78 26.02

~......,.,_.,,Caudan1'11110l~ Adi$t<IA.IC"'tfffl'Nf4(11f<V""' M1,,1~c~o..-1i
1JOMK M~.t'111111SfA/lll'O-llcta1,, ,c,11,_ ,..,...,...,.c.ounu~.11

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
PUBLIC HEARING - General Plan Amendment Application No. GPA 2023-01 - A request to amend the General Plan Land Use Diagram to re-designate 1.64 acres located south of Campbell Ave and east of Hammatt Avenue at 2300 Campbell Avenue from PF, Public Facility to HC, Highway Commercial and Rezone Application No. REZ 2023-01 to amend the zoning designation of the Project Site from Public/Quasi Public Facilities (PF) to Highway Service Commercial (C-3).

February 4, 2025
Miguel Galvez, Contract City Planner
Christopher Lopez, Interim City Manager
RECOMMENDATION:

1. Open the Public Hearing, receive any public comment, and continue the Public Hearing to the City Council meeting of February 18, 2025.

BACKGROUND:

California Government Code Section 65901 (4) and requires notice of public hearing to be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. Notice is also to be mailed to the owner's duly authorized agent, if any, and to the project applicant
Unfortunately, due to an illness-related absence, the notice of the public hearing to surrounding property owners was not conducted. The public notice was published in the Merced Sunstar, a local newspaper, so a public hearing will still need to be conducted this evening. The Public Hearing should be opened to receive public comment, then continued to another date. Staff recommend continuing the Public Hearing to the next regular City Council meeting scheduled for February 18, 2025.

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
PUBLIC HEARING - Time Extension for Conditional Use Permit Application No. CUP 2019-03 and Site Plan and Design Review Application No. SPDR 2019-04 for the Villages at Main Residential Apartment Community Project The Project consists of the construction of a 480-unit residential apartment complex on a site located at the southeast intersection of Peach Avenue and Main Street/Lincoln Blvd. (APN 047-280-020 and 047-280-029).

February 4, 2025
Miguel Galvez, Contract City Planner
Christopher Lopez, Interim City Manager
RECOMMENDATION:

1. Open the Public Hearing, receive any public comment, and continue the Public Hearing to the City Council meeting of February 18, 2025.

BACKGROUND:

California Government Code Section 65901 (4) and requires notice of public hearing to be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. Notice is also to be mailed to the owner's duly authorized agent, if any, and to the project applicant
Unfortunately, due to an illness-related absence, the notice of the public hearing to surrounding property owners was not conducted. The public notice was published in the Merced Sunstar. a local newspaper, so a public hearing will still need to be conducted this evening. The Public Hearing should be opened to receive public comment, then continued to another date. Staff recommend continuing the Public Hearing to the next regular City Council meeting scheduled for February 18, 2025.

STAFF REPORT
AGENDA ITEM: Resolution of the City Council of the City of Livingston Approving Appropriations and Amending the Fiscal Year 2024/2025 Budget and Authorizing the Finance Department to move Gilton's Franchise Fees from the Fire Services Fund back to the General Fund and all future Franchise Fees received from Gilton to be put in the General Fund.

MEETING DATES: February 4, 2025
PREPARED BY: Christopher Lopez, Interim City Manager
Happy Bains, Acting Finance Director
RECOMMENDATION:

A Resolution of the City Council of the City of Livingston Approving Appropriations and Amending the Fiscal Year 2024/2025 Budget and Authorizing the Finance Department to move Gilton's Franchise Fee's from the Fire Services Fund back to the General Fund and all future Franchise Fees received from Gilton to be put in the General Fund.

BACKGROUND:

Each year, the City Council adopts an operating budget that commits resources for the fiscal year which are used to provide services to the public. The budget is a document that may be amended during the fiscal year for various reasons including allocating funds for unscheduled items, actions by third parties that may impact the budget, or changes in the economy that must be incorporated within the budget.

The Council adopted FY 24/25 Budget on June 4, 2024, and the current fiscal year began on July 1, 2024.

Economic Update
Despite concerns over the last two years, the U.S. economy has performed well, averaging a

2.8% real growth rate over the past eight quarters. Propelled by consumer spending, business investment has bounced back even with higher interest rates. Further contributing to real Gross Domestic Product (GDP) growth are expanding real exports, which hit a record high in the second quarter of the year despite the strong dollar. Modest signs of slowing are seen in the labor and housing markets. Inflation has finally cooled after two years of ongoing efforts from the Fed to a moderate 2.6% pace over the last 12 months. The Federal Open Market Committee (FOMC) followed through and cut interest rates by 50 basis points; the first interest rate cut in over four years. These falling rates will give the U.S. economy a boost in the short run but may increase risks for 2025
On the state level the sales tax trends for specific sectors, as forecast in September 2024 by HDL Companies and Beacon Economics, are as follows:

Sector 2024/25 2025/26
Autos/Transportation -.4% 3.5%
Building/Construction -.5% 4.0%
1

Business/I ndust
Fuel/Service Stations
General Consumer
Goods
Restaurants/Hotels
State and Count Pools

STAFF REPORT

2.2% 2.6%
-.6% 1.5%
-3.9% 2.0%
-.6% 1.3%

1.7% 3.5%

2.5% 3.0%
On the state level the economic drivers, as forecast in September 2024 by HDL Companies and Beacon Economics, are as follows:

Indicator 2024/25 2025/26
CA Unemployment Rate 5.3% 5.4%
CA Total Nonfarm 1.1% 1.0%
Employment Growth
CA Residential Building 108,821 115,871
Permits
CA Median Existing $739,332 $759,640
Home Price
City of Livingston property values grew by 3.7% from 2023/24 to 2024/25 resulting in $48.6 million in new value. Change of ownership added $6 million in total value. The 2024/25 roll summary shows 3,487 secured parcels that are taxable.

California home sales stalled in September and hit the lowest level in nine months despite the lowest interest rates since spring. The inventory of homes for sale has gradually improved in recent months as we move into the characteristically off-peak home buying season. With home prices likely to moderate further in the coming months, the fourth quarter could offer an opportunity for potential buyers who have been waiting to re-enter the market, especially as interest rates steadily return to historical averages. September's statewide median home price was $868, 150, a 2.3 percent decrease from $888,740 in August and up 2.9 percent from $843,500 this time last year.

At the third quarter of 2024, the median sale price for Livingston detached single family homes was $390,000 which is a decrease of $15,000 from third quarter 2023's median sale price.

DISCUSSION:

Fiscal Year 2024/25 Year to Date Revenues and Expenditures Fiscal Year 2024/25 was presented to Council and it was adopted with an estimated surplus of $145,000. Through Council direction an estimated $305,000 for Gilton's Franchise Fee was approved to be moved from the General Fund to the Fire Services Fund. This action affected the General Fund and caused the expenditure to exceed the revenue by an estimate of $160,000 for Fiscal Year 2024/25.

Through the end of the second quarter the General, Community Development and Recreation Funds have collected 16% of the revenue budgeted for the year. This is normal for the year as most General Fund revenues from property taxes, property tax in-lieu of VLF, and Franchise Tax are received in the second half of the fiscal year.
2

STAFF REPORT
In Community Development, revenue projections and actual revenues received are on target.

Notable multi-family and commercial projects include Tierra Santa Apartments, and Moonglo Truck Stop, and those developments have provided the necessary fees associated with the respective work performed.

Community Development and Recreation Fund expenditures are running on budget through the end of the second quarter at 42% of the approved budget.

Gas Tax and Measure V revenues are received in arrears as are Enterprise Revenues as they are billed in arrears.

Revenues from Lighting and Landscape Districts (LMD), Benefit Assessment Districts (BAD), and Community Facility Districts (CFO) are received after the January and May property tax payments are processed by the County of Merced.

In the Sanitation Fund, no ongoing revenues are being collected to cover solid waste services provided by staff. When Council approved a franchise agreement with Gilton, the contract only provided for rates to cover the cost of the services provided by Gilton to residents. The rate did not include the City's Administrative Fee per the contract, and clearly a different from the previous agreement with Gilton. Staff prepared a subsequent item for the adoption of a solid waste administrative fee, but Council did not approve this fee. As a result, refuse reserves are being used to cover these costs. An estimated $600,000 will be used from the Sanitation Fund Reserves. If rates are not adjusted the Sanitation Fund Reserves will be depleted during Fiscal Year 2025/26.

Staff strongly encourage the Council to take this item up again or the City will face budgetary issues.

While the voters of Livingston approved Measure L in November 2024, those revenues will not be received by the City until FY 25/26.

CIP Update
Several projects will go out to bid in the next few months, but it does appear as if capacity is limiting the ability to push these projects forward. Currently, as of December 31, 2024, staff has expended 1.3% of the expenditures allocated in the City's One-Year CIP. The One-Year CIP lays out the City's planned capital improvements for the fiscal year.

The One-Year CIP and its respective expenditures are shown on the following table. 3

STAFF REPORT
$
e Fourth Street Fro $ 466,680.00 $
Pulverize and Re ave Main AT650ftSouth of Peach to Northcastle Dr $ 351,310.00 $ Sidewalk Replacement and ADA Return Ram $ 75,000.00 $ TBD Walk ath at Max Fosters orts Complex $ 50,000.00 $ Will work on as time ermits Asphalt Hot Box $ 70,940.00 $ Staff securin quotes
Traffi c Si nal Li ht Re lacement, Backu Batte Outs, Loo Control $ 75,000.00 26,159.69 In ro ress Hammatt& Cam bell Im rovements $ 970,601.00 $ work will commence in March-A ril 2025 Max Foster Phase 1 $ 533,014.00 $
Max Foster Phase 2 $ 522,444.00 $
Pedestrain Access To Cit 's Downtown $ 47,120.00 $
Rec/Plex $ 5,476,623.00 $
Alvernez Shed Roof Re air $ 10,000.00 $ Staff solicitin quotes Walnut Child Da Care Roof Replacement $ 357,500.00 $ Requestin additional funds for complete replacement Cit Hall Parkin Lot Solar Li htin Pro·ect $ 31,000.00 31,000.00 Completed Pro·ect Materi als and Labor to Instal l Poles and Fixtures $ 30,000.00 6,812.53 Turf Renovation At Cit Hall $ 10,000.00
Re lacement Pia round At Arkelian Park $ 137,500.00 $
First Year Meter Read in Software/Hardware E ui ment $ 125,000.00 $ Staff Report scheduled for 2/18/25 a enda Replace Water Main on I Street $ 180,000.00 $ Scheduled Discussion with En ineerin Grand Total $ 9,869,732.00 $ 131,384.32
(Please see the attached schedule in the backup detailing all projects in the attachments).

It should be noted that in FY 23/24, the Mid-Year report provided on February 28, 2024 illustrated that expenditures from the FY 23/24 One Year CIP at approximately 6.5%. The table from the FY 23/24 report is included below.

The table below shows the One Year CIP and the status of these projects.

Project FY23/24 FY 23/24
Description Adopted Actual Expenses as of
Budget Oec-23
Turf Conversion Behind City Hall $4,000.00 $
Max Foster Phase 1 $ 544,876.00 $136.00
Max Foster Phase 2 $ 530,388.00 $ 625.00
Livingston Rec Plex $ 5,476,623.00 $
Slurry Seal $403,700.00 $ 394,332.00
Hammatt and Campbell $ 1,000,000.00 $
Roof Replacement for Hammatt
Hall, Max Foster Concessions,
and Alvernaz Storage Unit $40,000.00 s
Sludge Drying Equipment $1,000,000.00 $
Lift Static n $ 250,000.00 $
Well#8a $ 4,000,000.00 $ 477,632.00
Grand Total $13,249,587.00 $872,725.00
4

STAFF REPORT
On April 16, 2024, the City Manager's Office recommended that the Council add an additional engineering firm to ensure that critical improvements to the City's infrastructure be completed in a timely manner. The Council chose not to approve that agreement. The One-Year CIP for FY 24/25 appears to be facing similar challenges as it did in FY 23/24.

It is strongly recommended that the Council consider an alternative service delivery mechanism for moving its Capital Improvement Program forward to ensure that the City's infrastructure improvements are completed. Given the significant water improvements needed for the City's water system, maintaining the status quo will be challenging a situation for the City.

The City Manager's Office strongly recommends that the Council prioritize the planning, construction, and improvements to the City's infrastructure and take all actions necessary to ensure this remains a top priority for the community of Livingston.

EXPENDITURE ADJUSTMENTS
Personnel Change in Police Department in General Fund

1. The Police Department will be adding a temporary Sergeant Position for the remainder of the Fiscal Year.
a. This will be funded from savings from losing 2 officers and 1 officer that is currently in background with another agency.

The narrative below summarizes the changes for the City's FY 24/25 Budget:

GENERAL FUND
The Mid-Year Budget review was coordinated with all operational departments. Notable highlights include a new patrol vehicle ($90,000), costs for assistance with upcoming negotiations ($75,000), and the cost for Fiscal Year 2024/25 audit/consulting services ($57,707). The table on the following page provides a detailed breakdown of all adjustments to the FY 24/25 Budget. 5

I

STAFF REPORT
Administration FY24/25 FY 24/25 FY 24/25 Description
General Fund Adopted Adjustment Adjusted Notes
Budget Increase Budget
Police Department FY24/25 FY 24/25 FY 24/25 Description General Fund Adopted Adjustment Adjusted Notes
Budget Increase Budget
1100-102-4320 $25,000.00 $15,000.00 $40,000.00 Additional Costs for Training Courses for Officers and Dispatchers 1100-102-4310 $75,815.61 $7,200.00 $83,015.61 Additional Costs for Background Checks (7 in Progress at This Time) 1100-102-4340 $47,470.00 $8,000.00 $55,470.00 Additional Costs for Computer Support Items 1100-102-4290 $3,000.00 $3,500.00 $6,500.00 Additional Costs for Psychological and Medical Exams for Backgrounds 1100-102-7420 $0.00 $90,000.00 $90,000.00 Purchase of a New Patrol Vehicle Plus the Uplifting Parks Department FY24/25 FY 24/25 FY 24/25 Description
General Adopted Adjustment Adjusted Notes
Fund Budget Increase Budget
1100-104-4120 $5,05S.OO $17,905.00 $22,960.00 Additional Costs to cover Part-Time Salaries 1100-104-4410 $58,000.00 $15,000.00 $73,000.00 Additional Costs to Cover the Increases in PG&E Rate 1100-104-4431 $8,000.00 $3,500.00 $11,500.00 Additional Costs for Equipment O/M 1100-104-4619 $500.00 $2,000.00 $2,SOO.OO Additional Costs to Cover Safety Supplies Public Works - Adm in FY24/25 FY 24/25 FY 24/25 Description General Adopted Adjustment Adjusted Notes
Fund Budget Increase Budget
1100-105-4330
1100-105-7430
$5,000.00
$0.00
$5,000.00 $10,000.00 Additional Cost for Legal Expenses $14,600.00 $14,600.00 Purchase of Damaged Light pole Subject to Reimbursement from the RMRA

NON-GENERAL FUND
Below is the list of Non-General Fund requests from City operations. A few of the major items include roof repairs on various city facilities ($203,000}, IT Servers and Switches ($122,000), and costs for new restrooms at Arakelian Park ($97,624).
6

STAFF REPORT
LMDs FY24/25 FY 24/25 FY 24/25 Description
D,strict Adopted Adjustment Adjusted Notes
Fund Budget Increase Budget
Community Facility FY24/25 FY 24/25 FY 24/25 Description District Adopted Adjustment Adjusted Notes
Fund Budget Increase Budget
Municipal Fae FY24/25 FY 24/25 FY 24/25 Description
Devel. Imp Fees Adopted Adjustment Adjusted Notes
Fund Budget Increase Budget
New Cost to Repair Museum Roof ($110k)
PD Servers ($40k)
City Fileservers ($40k)
Network Infrastructure Switches ($30k)
PD AOVPN License ($12k)
Water FY24/25 FY 24/25 FY 24/25 Description
Enterprise Adopted Adjustment Adjusted Notes
Fund Budget Increase Budget
2100-810-4330
2100-810-4120
$20,000.00
$42,391.00
$40,000.00
$3,571.00
$60,000.00
$45,962.00
Additional Cost for Legal Expenses
Compaction related to minimium w age/Additional Expenses Waste Water FY24/25 FY 24/25 FY 24/25 Description
Enterprise Adopted Adjustment Adjusted Notes
Fund Budget Increase Budget
2101-815-4120 $42,391.00 $3,571.00 $45,962.00 Compaction related to minimium wage/Additional Expenses Various FY24/25 FY 24/25 FY 24/25 Description
Funds Adopted Adjustment Adjusted Notes
Budget Increase Budget

FISCAL IMPACT
If the Mid-Year Budget recommendations are approved as presented, the increase to the General Fund expenditures will be $281,705 and Non-General Fund expenditures will increase by $650,473.

Uncommitted reserves will be used to cover the additional expenditures in the respective funds.

ATTACHMENTS

1. 2.

3. 4.

Resolution
Mid-Year Budget Review
Capital Improvement Projects
Revenue and Expenditure Report
7

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING APPROPRIATIONS AND AMENDING THE FISCAL YEAR 2024/2025 BUDGET AND

AUTHORIZING THE FINANCE DEPARTMENT TO MOVE GIL TON'S FRANCHISE

FEE'S FROM THE FIRE SERVICES FUND BACK TO THE GENERAL FUND AND ALL

FUTURE FRANCHISE FEE'S RECEIVED FROM GIL TON TO BE PUT IN THE

GENERAL FUND
WHEREAS, on June 4, 2024, the City of Livingston City Council adopted the Fiscal Year 2024/2025 annual budget; and
WHEREAS, the City of Livingston conducts regular reviews of its budget as it is fiscally prudent to do so; and
WHEREAS, based upon the latest review the City desires to amend the budget as stated in the Mid-Year Budget Review.

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

1. The recommended adjustments to the budget as summarized in the Mid-Year Budget Review, attached hereto and incorporated herein by reference, and corresponding adjustments to the expenditure appropriations within the funds and hereby approved utilizing uncommitted reserves in the respective funds.

2. The Police Department will be adding a temporary Sergeant Position for the remainder of the Fiscal Year.
a. This will be funded from savings from losing 2 officers and 1 officer that is currently in background with another agency.

3. Authorizing the Finance Department to move Gilton's Franchise Fee's from the Fire Services Fund back to the General Fund and all future Franchise Fee's received from Gilton to be put in the General Fund.

I hereby certify that the foregoing Resolution No. 2025-_ 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 4th day of February 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST
Monica Cisneros, Deputy City Clerk
By:----------- Jose A. Moran, Mayor
of City of Livingston

Resolution No.

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

Fiscal Year 2024/2025 MID YEAR BUDGET REVIEW
City Council FY24/25 FY 24/25 FY 24/25 0escriptron
General Fund Adopted Adjus1ment Ad1usted Notes
Budget Increase Budget
Administration FY24/2S FY 24/25 FY 24/25 0esrnpt1on
General Fund Adopted Adjustment Adjusted Notes
Budget Increase Budget
Police Department FV24/25 FY 24/2S FY 24/25 Description General Fund Adopted AdJustment AdJusted Notes
Budget Increase Budget
1100-102-4320 $25,000.00 $15,000.00 $40,000.00 Additional Costs for Training Courses for Officers and Dispatchers 1100·102-4310 $75,815.61 $7,200.00 $83,015.61 Additional Cost s for Background Checks (7 in Progress at This Time) 1100-102·4340 $47,470.00 $8,000.00 $55,470.00 Addit ional Costs for Computer Suppart Items 1100-102-4290 $3,000.00 $3,500.00 $6,500.00 Addittonal Costs for Psychok>gical and Medical Exams for Backgrounds 1100-102-7420 $0.00 $90,000.00 $90,000.00 Purchase of a New Patrol Vehicle Plus t he Uplifting Parks Department FY24/25 FY 24/25 FY 24/25 Description
General Adopted AdjuUment Ad1usted Notes
Fund Budget Increase Budget
1100·104-4120 $5,055.00 $17,905.00 $22,960.00 Additional Costs to cover Part-Time Salaries 1100-104-4410 $58,000.00 $15,000.00 $73,000.00 Addittonal Costs to Cover the Increases in PG&E Rate 1100-104-4431 $8,000.00 $3,500.00 $11,500.00 Additional Costs for Equipment O/M 1100-104-4619 $500.00 $2,000.00 $2,500.00 Additional Costs to Cover Safety Supplies Pubhc Works - Admln FY24/25 FY 24/25 FY 24/25 Description Gc11eral Adopted Adjustment Adjusted Notes
Fund Budget Increase Budget
1100-105-4330
1100·105-7430
$5,000.00
$0.00
$5,000.00
$14,600.00
$10,000.00
$14,600.00
Additional Cost for Legal Expenses
Purchase of Damaged Light pole Subject to Reimbursement from the RMRA Community Development FY24/2S FY 24/25 FY 24/25 Desrnptlon Planning Adopted Adjustment Ad Justed Notes
Fund Budget Increase Budget
LMDs FY24/25 FY 24/25 FY 24/25 Description
District Adopted AdjustmC!nt Adjusted Notes
Fund Budget lncrC!ase Budget
Community Facility FY24/25 FY 24/25 FY 24/25 Desrnption District Adopted Adjustment Adjusted Notes
Fund Budget Increase Budget
Munfclpal Fae FY24/25 FY 24/25 FY 24/25 Description
Devel Imp fees Adopted Ad1ustment AdJusted Notes
Fund Budget Increase Budget
New Cost to Repair Museum Roof {Sll0k)
PO Servers ($40k)
City Fileservers ($40k)
Network Infrastructure Switches ($30k)
PO AOVPN License ($12k)
Water FY24/25 FY 24/25 FY 24/25 Desrnption
Enterprise Adopted Ad1ustment Adjusted Notes
Fund Budget Increase Budget
2100-810-4330
2100-810-4120
$20,000.00
$42,391.00
$40,000.00
$3,571.00
$60,000.00
$45,962.00
Addlltonal Cost for Legal Expenses
Compaction related to minlmium wage/Additional Expenses WastC! Water FY24/25 FY 24/25 FY 24/25 Description
Entorpnse Adopted AdJustment Adjusted Notes
Fund Budget Increase Budget
2101-815-4120 $42,391.00 $3,571.00 $45,962.00 Compaction related to minimium wage/Additional Expenses Various FY24/25 FY 24/25 FY 24/25 Description
Funds Adopted Adjustment Ad Justed Notes
Budget Increase Budget

A
1 2
3 4 Capital Pro/ects - Description
S Replace Stop Signs and Assess Sidewalk Trip Hazards and Repair 6 Pulverize and Repave Fourth Street From Park To FStreet 7 Pulverize and Repave MainAt650 ft South orPeachTto Newcastel rive B Sidewalk Replacement and ADA Return Ramp
9 Walk Path At Max Foster Sports Comple,;
10 AsphattHotBox
11 Traffic Signal U"htRep!acement, Backup BatteiyChange Outs, loop control 12 HammattandcampbellJmprovements
13 MaxFosterPhase 1 Path Improvements
14 Max Foster Phase 2 Path Improvements
15 Pedestrian Access To City's Downtown
16 Rec/Ple,;
17 Alvemez Shed Roof Repair
18 Walnut Child Day Care Roof Replacement
19 CityHallParkin"lotSolarlightingProject
20 Materials and labor To lnstaltPo!esand Fixtures
21 TurtRenovationAtCityHall
22 Replacement PlaygroundAtArkelian Park
23 First Year Meter Reading Soflwate/Han:lware Equipment 24 ReptaceWaterMainonlStreet
25 26
27 Expenses From July 1, 2024- □ eeember31, 2024
2B
29 Percentage Spent
City of Livingston
Capital Improvement Projects
Approved Budget For2024/2025 and Expenditures For the Peiod of July t, 2024- December31, 2024 ' C D E F G
Fund1224
MeasureV Fund1300 Fund 1301
Fund1221 Fund1222 Fund1223 Regional Capita\ Projects General Capital MeasureV80% MeasureV20% RMRA Improvements Grants Projects s 350,000 s s s - s s 233,340 233,340
175,655 - 175,655
75,000
S0,000
28,376
75,000
970,601
533,014
- 522,444
- 47,120
5,476,623
-
- -
s 758,995 s 125,000 $ 512,371 $ 970,601 s 1,102,578 s 5,476,623 I
IS 20,639 s $ 23,789 s Is s 19.080
I I
I 3% o• ,. 0%1 0% 0%
H I , ' l
Fund2002 Fund2003 Fund2100 Ftmd2104 Project
Municipal Facilities Park Development Water Water Budget Impact Fees Impact Fees operations Capital Total
s s s s s 350,000
466,680
351,310
75,000

50.000
- 28,376
75,000
970,601
533,014
- - 522,444
- 47,120
5,476,623
10,000 - 10,000
357,500 357,500
31,000 31,000
30,000 30,000
10,000 10,000
55,000 55,000
125,000 125,000
180,000 180,000
s 438,500 s ss,oao I s 12s,oao $180,000 $9,744,668
I
s 39,795 s Is - $ s 103,303
I 9% 0%1 0% 0% 1%

MID VEAR CIP UPDATE
Replace Stop Signs and Assess Sidewalk Trip Hazard Repairs $ 350,000.00 67,412.10 Maintenance projects will commence in spring Pulverize and Repave Fourth Street From Park to F Street $ 466,680.00 $ - Project out to bid Pulverize and Repave Main AT 650 ft South of Peach to Northcastle Dr $ 351,310.00 $ - Project out to bid Sidewalk Replacement and ADA Return Ramp $ 75,000.00 $ - TBD Walkpath at Max Foster Sports Complex $ 50,000.00 $ - Will work on as time permits Asphalt Hot Box $ 70,940.00 $ - Staff securing quotes
Traffic Signal Light Replacement, Backup Battery Outs, Loop Control $ 75,000.00 26,159.69 In progress Hammatt & Campbell Improvements $ 970,601.00 s - work will commence in March-April 2025 Max Foster Phase 1 s 533,014.00 $ - Project will go out to bid in May 2025 Max Foster Phase 2 s 522,444.00 s - Project will go out to bid in May 2025 Pedestrain Access To City's Downtown s 47,120.00 s - In progress with engineering Rec/Plex $ 5,476,623.00 s - Currently in the Design Phase Alvernez Shed Roof Repair $ 10,000.00 s - Staff soliciting quotes Walnut Child Day Care Roof Replacement $ 357,500.00 s - Requesting additional funds for complete replacement City Hall Parking Lot Solar Lighting Project s 31,000.00 31,000.00 Completed Project Materials and Labor to Install Poles and Fixtures $ 30,000.00 6,812.53 Completed Project !Turf Renovation At City Hall s 10,000.00 Will not complete this fiscal year Replacement Playground At Arkelian Park s 137,500.00 $ - Currently being built-play structure up 1 First Year Meter Reading Software/Hardware Equipment s 125,000.00 s - Staff Report scheduled for 2/18/25 agenda Replace Water Main on I Street s 180,000.00 $ - Scheduled Discussion with Engineering Grand Total s 9,869,732.00 $ 131,384.32

City of Livingston
General, Community Deve!opment and Recreation Funds Revenue and Expenditure Report As of December 31, 2024 A 8 C D E F G H I
1 Initial Purchase Order Continuim>: Council Approved Adjusted Year to Date %of Budget %ofBud11'.el 2 RevenueSummarv Budf!el Carryovers Appropriations Amendments Budget Actual Recvd/Used Remaining 3 Taxes $ 5,421,885 $ $ $ (305,000) $ 5,116,885 $ 637,877 12% 88% 4 Licenses & Permits 340,690 340,690 410,915 121% 0%
5 Intergovernmental 2,323,005 2,323,005 401 0% 100%
6 Charges for Services 323,989 323,989 221,985 69% 31%
7 Fines & Forle!tures 22,800 22,800 4,158 18% 82%
8 Return on Use of Money 103,900 103,900 19,914 19% 81% 9 MJscel!aneous 428,356 428,356 253,623 59% 41%
10 Total Revenue Before Transfers In 8,964,625 {305,000) 8,659,625 1,548,873 18% 82% 11 12 Transfers In 1,178,908 1,178,908 0% 100%
13 14 Total Revenue $ 10,143,533 $ $ $ (305,000) $ 9,838,533 $ 1,548,873 16% 84% 15 16 Expenditure Summary
17 Elected Officials $ 208,551 $ 10,000 $ $ 873 $ 219,424 $ 140.251 64% 36% 18 Administrative Services 1,059,440 28,462 3,230 1,091,132 495,491 45% 55% 19 Police Department 5,076,334 816 5,042 5,082,192 2,257,527 44% 56% 20 Fire Department 268,770 13,463 282,233 48,271 17% 83% 21 Parks Department 447,409 713 448,122 272,477 61% 39% 22 Pub Uc Works/Streets Department 562,953 701 1,704 565,358 298,955 53% 47% 23 Recreation 643,896 31 2,826 646,752 316,529 49% 51%
24 Building 267,658 31 1,163 268,852 119,432 44% 56%
25 Planning 369,834 31 2,043 371,908 202,844 55% 45%
26 Engineering 154,241 51 154,292 89,683 58% 42%
27 Total Expenditures Before Transfers Out 9,059,086 53,533 17,645 9,130,264 4,241,460 46% 54% 28 29 Transfers Out 938,908 938,908 0% 100%
30 31 Total Expenditures $ 9,997,994 $ 53,533 $ $ 17,645 $10,069,172 $4,241,460 42% 58%

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Discussion and Action - Notice of Resignation of Japjeet Singh Uppal from the Livingston Planning Commission, Appointment of Mohinder Kanda to Planning Commission as a Regular Member, and Direction to Staff to Solicit Applications for Consideration for an appointment to the Planning Commission as a Planning Commissioner Alternate Member.

February 4, 2025
Miguel Galvez, Contract City Planner
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends the City Council

1. adopt a Resolution appointing Mohinder Kanda to the Livingston Planning Commission as a Regular Member.

2. Direct staff to solicit applications for consideration by the City Council for an appointment to the Planning Commission as a Planning Commission Alternate Member.

BACKGROUND AND DISCUSSION:

On November 6, 2024, Planning Commissioner Japjeet Singh Uppal was elected to serve on Livingston City Council commencing on January 1, 2025. Commissioner Uppal verbally resigned from the Planning Commission after the December 10, 2024, Regular Planning Commission meeting.

Japjeet Singh Uppal was serving as a Regular Member of the Livingston Planning Commission with a term scheduled to expire on December 31 , 2027. With a vacancy on the roster of Regular Members of the Planning Commission, it is appropriate to fill this vacancy. The City's current Planning Commission roster is listed below.

Commissioner Regular or Term Expiration Date of Vacancy Status Alternate Jose Flores Regular 12/31/2025 Not Vacant Still Serving Steve Bassi Regular 12/31/2026 Not Vacant Still Serving Renee Waite Mendonca Regular 12/31/2026 Not Vacant Still Serving Jasneil Singh Regular 12/31/2028 Not Vacant Still Serving

Japjeet Singh Uppal was elected Regular 12131/2027 Vacant Resigned. to serve on the City Council
starting on January 1, 2025.

Mohinder Kanda Alternate 12/31/2025 Not vacant Still Serving Diego Castillo Alternate 12/31/2027 No vacant Still Serving One Regular Planning Commission vacancy exists. The appointment to fill this vacancy is for a term ending on December 31, 2027.

If authorized, staff will advertise the vacancy on the Commission and solicit applications from interested residents for Council consideration.

Background
In 1929, the Legislature of the State of California authorized cities and counties to create planning commissions. In 1965 it also required a "planning agency" in each jurisdiction.

Currently, State law requires each planning commission to prepare a plan for the physical development of the community, to be adopted by the governing body of the city and county. California Government Code Section 65101 governs the role of the creation of Planning Commissions in each jurisdiction.

Locally, Title 2 of the Livingston Municipal Code governs the Livingston Planning Commission. It states:
"LIVINGSTON MUNICIPAL CODE (LMC) Title 2-BOARDS AND COMMISSIONS 2-1-2: GENERAL RULES:
(C) Committee members shall be appointed by resolution of the city council. The city council may also appoint alternates to any committee, who shall participate in all committee meetings, and may vote in the absence of a regularly appointed committee member. In the case of an absence by a regularly appointed committee member, alternates shall fill in for the absent member based on their seniority." "LIVINGSTON MUNICIPAL CODE (LMC) Title 2-BOARDS AND COMMISSIONS LMC Sections 2-2-2: MEMBERSHIP AND TERMS OF OFFICE:
(A) Membership and compensation.

1. The Planning Commission shall consist of five members and two alternates appointed by majority vote of the City Council. The alternate members may participate, but may not vote on an item before the Planning Commission unless a Planning Commissioner is absent or is disqualified due to an expressed conflict of interest.

2. The members of the Planning Commission may be composed of qualified electors of the City and a maximum of one member may reside outside the city limits, as long as they reside within the boundaries of the Livingston Union School District. The composition of the Planning Commission shall be established by 2

resolution of the City Council.
(B) Terms. Terms of office of the members of the Planning Commission are fora period of four years or until their successors are appointed and such terms are staggered with terms of one member of the Planning Commission expiring each year, except that every fourth year the terms of two members expire. Terms expire December 31 of each year.
(C) Chairperson and Vice Chairperson. The Planning Commission shall rotate the positions of Chair and Vice Chairperson among the appointed members.

Officers hold offices for one year, or until their successors are appointed. Terms expire on December 31 of each year.
(Ord. 637, passed 3-19-2019; Ord. 655, passed 6-4-2024
Appointment Recommendations
Traditionally, a resident who is appointed to serve on the Planning Commission starts as an Alternate Member of the Planning Commission to gain experience before being appointed as a Regular Member. When a vacancy of a Regular Member occurs, an Alternate Member of the Commission is considered to fill the vacancy.

Alternate Planning Commissioner Mohinder Kanda is next in line to be considered for appointment to the Planning Commission and serve as a Planning Commission Regular Member.

If the Council appoints Alternate Member Mohinder Kanda to serve as a Regular Member of the Planning Commission, a vacancy for an Alternate Member will be created and should be filled from a list of interested residents. Presently, there are no applications on file to serve on the Planning Commission.

The remaining time of former Commissioner Uppal was set to expire on December 31 , 2027. If Planning Commission Alternate Member Mohinder Kanda is appointed to serve the remainder of former Japjeet Singh Uppal's term as a Regular Member of the Planning Commission, then a new vacancy will be created for the position of an Alternate Member. Mr. Kanda's current term is scheduled to expire on December 31 , 2025.

ENVIRONMENTAL REVIEW:

The proposed action is exempt from the California Environmental Quality Act (CEQA) Guidelines:

Article 5, Section 15061 (b)(3) - Common Sense Exemption, which states that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Making an appointment is considered an administrative matter and will not directly result in a change to the Environment.

FISCAL IMPACT:

Staff time was used to prepare and process this agenda item.

ATTACHMENTS:

1. Resolution No. __ , Appointing Mohinder Kanda to the Planning Commission as a Regular Member.
3

RESOLUTION 2025 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPOINTING

MOHINDER KANDA AS A COMMISSIONER OF THE CITY OF LIVINGSTON

PLANNING COMMISSION
WHEREAS, the City of Livingston Planning Commission (Commission) is governed by Title 2 of the Livingston Municipal Code; and
WHEREAS, the Commission is comprised of 5 members (Commissioner) and 2 Alternates all of which are appointed by majority vote of the City Council (Council); and WHEREAS, terms of office for members of the Commission are for a period of four (4) years, or until their successors are appointed; and
WHEREAS, there is one vacancy on the Planning Commission - 1 Commissioner and 0 Alternates.

WHEREAS, the Mohinder Kanda currently serves as Alternate Member of the Livingston Planning Commission and is requesting to be considered as to serve on the Commission as a Regular Member; and
WHEREAS, the applicants reside in the City of Livingston; and WHEREAS, it is the intention and desire of the Council to appoint Mohinder Kanda to the Planning Commission as a Regular Commissioner; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES HEREBY RESOLVE, FIND AND ORDER AS FOLLOWS:

1. Mohinder Kanda is appointed to serve on the City of Livingston Planning Commission as a Commissioner for the term provided by law; and

2. The term of this appointment is from January 1, 2025, through December 31, 2027.

3. The Resolution is effective immediately upon adoption.

I hereby certify that the foregoing Resolution No. 2025- _ is a full, true, and correct copy a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 19th day of November 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Monica Cisneros, Deputy City Clerk
of City of Livingston

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
2 Jose A. Moran, Mayor
of City of Livingston

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

DISCUSSION:

STAFF REPORT
Discussion and Direction Regarding Parks, Recreation, and Arts Commission Vacancies.

February 4, 2025
Christopher Lopez, Interim City Manager
At the January 21, 2025, regular city council meeting, the council direction staff to bring an item for discussion regarding Parks, Recreation, and Arts Commission Vacancies.

STAFF REPORT
AGENDA ITEM: Discussion and Direction on Dissolving the Ad-Hoc Committee for Overthe-Counter Building Permit Application Process MEETING DATE: February 4, 2025
PREPARED BY: Christopher Lopez, Interim City Manager
DISCUSSION:

Mayor Pro-Tem Gurpal Samra and Councilmember Jason Roth requested this item be discussed to provide direction regarding dissolving the Ad-Hoc Committee for Over-the-Counter Building Permit Application Process.

The Ad-hoc Committee was established by the Council on September 17, 2024, to address issues with the City’s water availability for development projects. Currently, the Ad-Hoc process for identifying water capacity for projects is as follows:

1. Application is received by the Development Team (could be application received by PW, CD, or engineering).

2. PW and Engineering identify what data needs to be provided by applicants to ensure we have adequate information from applicants regarding water use on project.

3. PW and Engineering develop draft findings/conclusions to determine water availability and the reports they used to make findings.

4. The development team circles in city attorney once the draft findings have been developed to ensure findings meet legal merit.

5. Schedule meeting and develop agenda.

6. Input from Ad-Hoc.

7. Finalize findings with legal.

ATTACHEMENTS:

1. Staff report from September 3, 2024.

STAFF REPORT
AGENDA ITEM: Discussion and Direction Regarding "Over the Counter" Building Permit Applications Subject to the City of Livingston's Current Water Supply Conditions
MEETING DATE: September 3, 2024
PREPARED BY: Anthony Chavarria, Public Works Director
Noe Martinez, City Engineer's Office
Approved By: Christopher Lopez, Interim City Manager
RECOMMENDATION:

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

PREVIOUS COUNCIL DISCUSSION:

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

BACKGROUND AND DISCUSSION:

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

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

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

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

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

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

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

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

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

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

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

DISCUSSION:

STAFF REPORT
Designation of Delegate(s) for the Merced County Association of Governments (MCAG) 2025 One Voice Trip
February 4, 2025
Christopher Lopez, Interim City Manager
Mayor Pro-Tern Gurpal Samra and Mayor Moran requested this item be discussed to provide direction on the designation of the delegate(s) for the Merced County association of Governments (MCAG) 2025 One Voice Trip.

BACKGROUND:

The purpose of the Merced County Association of Governments One Voice program is to develop a shared platform of projects and issues of regional significance that serves as the foundation for a federal advocacy effort.

The goals of the program are to:
• Communicate the region's legislative priorities clearly and succinctly; • Communicate the need for additional federal funding for local projects; and • Advocate for legislation or policy changes that will benefit the region.

In order to accomplish these goals, a delegation of community leaders from throughout the region come together as a unified voice to communicate key messages to legislators, federal agencies and staff in Washington, DC. The platform and unified message are developed through a coordinated and collaborative process that involves delegates, staff from local jurisdictions, partner agencies and community organizations.

To participate in this federal advocacy effort, delegates are required to:
• Commit to the goals of the program,
• Regularly attend planning and debrief meetings,
• Participate in all scheduled appointments during the trip, including group dinner events (noshows will be invoiced for the cost of their meal), • Only communicate shared messages developed through the collaborative planning process, • Respect the roles of the designated speakers and refrain from presenting information other than the agreed upon platform, projects and messages during the trip, • Avoid using your cell phone at meetings (if you must take a call please step out), • Refrain from using the "One Voice" name to promote issues that are not part of the shared platform,
• Dress appropriately for meetings; business casual,
• Attend in-person advocacy meetings in Washington D.C.

In June, MCAG staff presented the 2024 One Voice program summary report. This included the consensus feedback of the 2024 delegates on how to improve One Voice next year which will be considered for inclusion in the 2025 program.

Past Action Taken
MonthNear Action
August2018 Board adopted updated program
guidelines.

November 2022 Board authorized contract with Townsend
Public Affairs for federal lobbying services
and commensurate dues increase.

March 2024 Board adopted 2024 Policy Platform.

DISCUSSION
For the 2025 program, MCAG staff has proposed the MCAG Governing Board adopt the following program goals that have been in place since 2018. but with two new additions as recommended by the 2023 delegates:
• Limit delegation to representatives from jurisdictions (2-3 per jurisdiction), MCAG staff, and Townsend staff
• Make clear connections between the One Voice policy platform and current legislation and regulations
• Set policy priorities based on current federal opportunities* • Focus on 2-4 policies that are regional in scope rather than small, unique requests that will only benefit one jurisdiction•
• Develop project/issue list in concert with local Congressional representative and Senators' staff
• Require a non-refundable $50 participation fee of each delegate - revenue collected will be used to pay for a specific cost associated with the trip such as a group meal • Require delegate participation in all delegation meetings and all trip activities • Hold at least one practice session for speakers prior to the trip.

Proposed MCAG One Voice Schedule
This schedule reflects the 2024 delegation's recommendation to start the program in the fall and work to identify priority policies/projects earlier.
• September 2024 - Program check-in with Technical Review Board members • October 1, 2024: Deadline for submission of 2025 policy priorities. Note that MCAG will bring 2024 program priorities/projects forward unless changed by TRB members. • December 2, 2024: Deadline for submission of delegate agreements. • December 12, 2024: Orientation for new One Voice delegates (held via Zoom) • January 9, 2025: Delegation meeting - review jurisdictions' proposed regional policy/project priorities, review federal policy opportunities including community project funding process (held via Zoom)
• January 30, 2025: Delegation meeting - finalize regional policy/project priorities and

learn about jurisdictions' local community project funding request submissions (held via Zoom)
• January 31, 2025: Deadline for jurisdictions to submit all necessary data and photos for the finalization of the 2025 leave-behind document. • February 13, 2025: Delegation meeting (if needed) -finalize regional policy/project priorities (held via Zoom)
• February 28, 2025: Deadline for jurisdictions to submit delegate fee(s). • March 20, 2025: Governing Board takes action to adopt Policy Platform. • March 27, 2025: Delegation meeting- receive updates from Washington D.C. and prepare for meetings with policymakers (in-person meeting) • April 24, 2025: Strike Team meetings - Strike Teams will meet separately to prepare for meetings with policymakers (in-person meeting) • May 8, 2025: Delegation meeting - large group practice session to prepare for meetings with policymakers (in-person meeting)
• May 13-16, 2025: One Voice trip to Washington D.C.
• May 22, 2025: Delegation debrief meeting, location TBD Program Framework
Generally, delegation meetings will be held on Thursdays from 3:00-4:30pm; initial meetings will be held via Zoom only and those held after platform adoption will be held in-person only (see schedule above). Ben Goldeen from Townsend Public Affairs will be in attendance during the delegation meetings to provide information and guidance as the delegation develops its regional policy priority list and the jurisdictions develop their proposals for local community funding requests.

The format of delegation meetings held between November•February is designed such that the group will be able to collaborate and coordinate on the identification of regional policies and issues in an open forum, which is crucial to the planning of a successful One Voice program. The delegation meetings will also allow for the provision of support to the jurisdictions as they put together their individual applications for community project funding for their local projects.

It should also be noted that in order to minimize the likelihood of a potential Brown Act violation the Council appoint its Director to MCAG to the One Voice delegation and one other council member.

REQUESTED DIRECTION:

Staff is requesting that the Mayor and Council:

1. Designate two members of the City Council to the Merced County Association of Governments (MCAG) 2025 One Voice Trip; and

2. Identify Potential Priorities.

ATTACHMENTS:

1. 2025 Delegate Agreement

MERCED COUNTY ASSOCIATION OF GOVERNMENTS
(•:~ =11!1•::~3
Delegate Agreement
One Voice 2025
May 13 - 16, 2025
The purpose of the Merced County Association of Governments One Voice program is to develop a shared platform of projects and issues of regional significance that serves as the foundation for a federal advocacy effort.

The goals of the program are to:
• Communicate the region's legislative priorities clearly and succinctly; • Communicate the need for additional federal funding for regional projects; • Advocate for legislation or policy changes that will benefit the region.

In order to accomplish these goals, a delegation of community leaders from throughout the region come together as a unified voice to communicate key messages to legislators, federal agencies and staff in Washington, DC. The platform and unified message are developed through a coordinated and collaborative process that involves delegates, staff from local jurisdictions, partner agencies and community organizations.

To participate in this federal advocacy effort, delegates are required to:
• Commit to the goals of the program,
• Regularly attend planning and debrief meetings,
• Participate in all scheduled appointments during the trip, including group dinner events (no-shows will be invoiced for the cost of their meal), • Only communicate shared messages to policymakers which were developed through the collaborative planning process,
• Respect the roles of the designated speakers and refrain from presenting information other than the agreed upon platform, projects and messages during the trip,
• Avoid using your cell phone at meetings (if you must take a call please step out), • Refrain from using the "One Voice" name to promote issues that are not part of the shared platform,
• Dress appropriately for meetings; business casual,
• Attend in-person advocacy meetings in Washington D.C.

To confirm your participation as a 2025 One Voice trip delegate, please sign and return this agreement by December 2, 2024. By signing this document, you agree to comply with the intent and procedures of the One Voice trip and will participate according to the statement above.

Delegate Signature Date
Print Name

STAFF REPORT
AGENDA ITEM: Status Update on Council Direction Given on August 20, 2024, regarding Administrative Fee for Solid Waste, Recycling and Organics Collection Services Processing Maintenance and Enforcement.

MEETING DATE: February 4, 2025
PREPARED BY: Christopher Lopez, Interim City Manager
DISCUSSION:

Mayor Jose Moran and Councilmember Uppal requested this item be discussed to provide a status update on council direction given on August 20, 2024, regarding Administrative Fee for Solid Waste, Recycling and Organics Collection Services Processing Maintenance and Enforcement.

At the August 20, 2024, meeting the Council directed that this item be brought back to the Council once Mayor Pro Tem Gurpal Samra met with staff regarding his questions on the Refuse Administrative Fee.

Staff has attempted to meet with Mayor Pro Tem Samra, but staff has been unable to meet with him to answer his questions. As a result, this item has not been brought back to the Mayor and City Council.

AGENDA ITEM:

MEETING DA TE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Appointing a Member to Fill the City Council Vacancy and discuss the City Treasurer Vacancy
January 28, 2025
Monica Cisneros, Assistant to City Manager/ Deputy City Clerk Christopher Lopez, Interim City Manager
RECOMMENDATION:

Resolution Appointing a Member to Fill the City Council Vacancy and discuss the City Treasurer Vacancy.

BACKGROUND:

At the January 13, 2025, City Council special meeting, staff was directed to initiate recruitments to fill the City Council and City Treasurer seats. The recruitment process opened on Tuesday, January 14, 2025, and closed at 4:30 p.m. on Wednesday, January 22, 2025. One (1) application was received for the City Council seat, and no applications were received for the City Treasurer seat. The applicant is a registered voter in Livingston, California.

The city received a second application from Maria Soto for the city council member seat on January 30, 2025, after the application due date deadline. The Council has the option to accept late applications.

Both applications for the city council seat have been provided as Attachment 1 for City Council review and consideration.

FISCAL IMPACT:

There will be no fiscal impact if a candidate is selected.

ALTERNATIVES:

The Council has the following three (3) options:

1. Select a candidate who has applied for the position.

2. Select a resident who is present and interested in the position with the conditional appointment pending compliance with the Livingston Municipal Code.

3. Continue the item to a special meeting before February 7, 2025.

STEPS FOLLOWING APPROVAL:

If the Council appoints an applicant to the City Council, the appointed person shall take their oath of office immediately after appointment and will take office effective at the Council Meeting on February 4, 2025, and shall serve a two (2) year term, which will end in December 2026. If

the Council selects a resident who has not been verified to comply with the Livingston Municipal Code, that appointment will be conditional until compliance has been verified.

ATTACHMENTS:

1. Resolution No. 2025-

2. Applications for Appointment to City Council
• Robert Wallis
• Maria Soto (late application)

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LIVINGSTON APPOINTING A MEMBER TO FILL THE

CITY COUNCIL VACANCY AS A RESULT OF COUNCILMEMBER-ELECT RODRIGO

ESPINOSA'S RESIGNITION
WHEREAS, Rodrigo Espinosa was elected to serve a four (4) year term as City Council Member in the November 5, 2024, general election. On December 10, 2024, the city received Rodrigo Espinosa's resignation as councilmember elect.

WHEREAS, At the Special Council Meeting on January 13, 2025, City Council selected the appointment process to fill the two (2) year term ending December 2026, pursuant to Government Code Section 36512; and
WHEREAS, at the February 4, 2025, Regular City Council Meeting, City Council held interviews and selected a candidate to serve said term.

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

Section 1. Pursuant to Government Code Section 36512
(Name)
is appointed as a member of the City Council and shall serve a two (2) year term ending December 2026.

Section 2. The person appointed shall take office effective at the Council Meeting on February 4, 2025, and serve a two (2) year term, which will end in December 2026.

I hereby certify that the foregoing Resolution No. 2025- __ 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 21 st day of January 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:-----------

Jose A. Moran, Mayor
of City of Livingston

ATTEST
Monica Cisneros, Deputy City Clerk

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

' ,
M"\ll,,~ -:..1. ~ Please Return To: 0 ffl.. ~ 7) Monica Cisneros, Deputy City Clerk r~ 6 1 1416CStreet
JMI\ 1 ; . .., . ., Livingston CA 95334
(209) 394-5544 [email protected]
BY:----
FILING DEADLINE: Wednesday, Januaa 22, 2025 at 4:30 PM.

CITIZEN APPLICATION FOR APPOINTMENT TO CITY COUNCIL
NAME Robert S Wallis
HOME ADDRESS: Livingston, CA 95334
CONTACT INFORMATION:

Home Phone: Work: Cell: ------ -------
Email:

Method of Contact Preferred: text message

LENGTH OF RESIDENCE
at above address:14+ in Livingston same in County 17+
Occupation: retired US Army MSG ES. Employer: City of Livingston Employer Address 1416 C Street Livingston, Ca 95334
{CWl 17695.2I

EMPLOYMENT HIGHLIGHTS:
1963 to 1984 US Army retired MSG-E-8
1984 to 1987 assistant store manager ARC Thrift store Ventura, CA 1987 to 2014 Area Supervisor/Car wash coordinator USA Gasoline: bought out by Tesoro Corporation; rebought out by Marathon Oil, now retirement check is from Conoco Philips
Planning Commissioner City of Livingston, City: City Council member and now Livingston elected City Clerk
(Attach additional pages as necessary.)
EDUCATION (highest school year, degrees, etc.)
(CW117695.2)

1961 to 1962 attended Norfolk County Agriculture High Norfolk, Mass member FFA High school graduate 1963 Dedham High, Dedham Mass
12 Units BYU 9 are in law enforcement 3 in history

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.

Merced County Grand Jury 2014 Resigned when appointed to PC planning commission from July 2015 till sworn in as City Council member2024 Elected Livingston City Clerk 2024 election sworn in January 2025 till present PAST AND PRESENT COMMUNITY SERVICE: Donated 1/3 of my salary to Kops for Kids Christmas program 2017,2019,2021 in 2024 had Officer Perez meet me at CVS and said fill a cart with $200. Worth of toys for the program: Livingston fire department one time donation, and Xmas decorations for best fire house competition: also have sponsored Sweet Potato Festival, judge: Xmas parade judge: Color run volunteer last 2 years

WHAT DO YOU FEEL ARE YOUR MOST IMPORTANT QUALIFICATIONS FOR APPOINTMENT TO THE CITY COUNCIL?
Number of Council meetings attended to learn about the city: years of time on Planning Commission: Ability to manage budgets and make budgets for 12 convenience stores ( of those 7 had car washes:

As stated prior before USA Gasoline was sold to Tesoro I also was the Roving Supervisor, car wash, supervisor for the company that had me reporting directly to THE VP If a supervisor was injured or fired away I went till replacement found; covered areas for vacation times of and if a supervisor had issues at station and fired manager I was sent in to hire and train new manager:

Ability to identify and take action and as needed
{CW117695.2}

(Attach additional pages as necessary.)
WHAT DO YOU HOPE TO ACCOMPLISH WHILE A PART OF THE CITY COUNCIL? Measure L Dollars are used and accounted for properly and monthly updates to the citizens: City Clerk and Treasure should be paid positions and budget planned for year ahead to accomplish this: tax revenue for fire department from county who is negotiating last meeting and monthly update who talking to who? Attorney, city manager, Mayor council member? Salary and equipment costs for our own fire department do we have figures yet: future wells how many years ahead will we need next one? What contracts are going to expire in 2026 and 2027 and each council should have a list and updates as status:

WHAT PROBLEMS, ISSUES, OR CONCERNS DO YOU SEE FACING THE CITY OF LIVINGSTON AND HOW WOULD YOU PROPOSE THEY BE ADDRESSED? _Water and measure L funds are a top issue now and I have addressed them above:
staffing for PD and FD don't want to start thinking about them three months before contract expires: Zera scaping front yards: Dialogue between citizens and the council with experts brought in to help: open and transparent meetings: with the growth of the city what is the capacity of our current schools and in five years will we need another one? I don't know but would like to know as should we all don't think just next year be thinking about 2027 and beyond now:
{CW11769S.2}

Please list three (3) references with telephone numbers:

1. SEE ATTACHED SHEET _ _ _ _ ______________ ___ _

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)

City Council additional References
For Robert S. Wallis

1. Peezy Gibson
J. ~ VtA IV~ J) /J. LL, IJ...5
3, p_ O}) R.. ( 6- 0 E.5 p I II O ·l A
'-/, J,,: m A ,v IV
$. \.sruvudo1t. Ht csc:.--,,_

July 9, 2024
Dear Mr. & Mrs. Wallis,
On behalf of LHS All Alumni, we would like to thank you for your in-kind donation on 7/9/2024 of the three lovely pieces of artwork. We do not assign a monetary value to these items for your tax purposes. These items will be part of our silent auction during our 9/28/20024 LHS All Alumni Centennial Edition of our All Class Reunion. If we don't receive bids that we feel are sufficient based on the items' market value, the board of directors will meet and reach out to you on our next steps.

Your donation helps fund scholarships and support LHS programs. In our first year as a non-profit, we provided scholarships of $8,000 to almost 20 students and provided almost $2,000 to Livingston High programs. We are proud of this and will continue to give back in the coming years thanks to generous donors like you.

Thank you again for helping us to continue our efforts to improve the lives of LHS students, alumni, and all they reach through the gift of education.

If you would like more information on how you can help our cause, please reach out to me. Please also retain this letter for tax purposes. Thank you again.

Sincea:_ely: 1 \ 11 /J .

Diane
!Uut
Dallas,
~
President;
~ LHS All Alumni
LHS All Alumni is a 501(C)3 Charitable Tax ID

REC E I V Please Return To: E r\4onlca Cisneros. Deputy City Clerk LJ 1416 C Street ' 3 0 Livingston CA 95334 (209) 394--5544
C/1Y OF LIVINGSTON
[email protected],
FILING DEADLINE: Thursday. December 22, 2022 at 5:00 PM.

CITIZEN APPLICATION FOR APPOINTMENT TO CITY COUNCIL
NAME: '{'f\ 0--« ·, v'- ~ ~
HOMEADDRESS: - L,\J·\ ~ ~~ C\~\~Lt
CONTACT INFORMATION: - ,
Home Phone: ------
Email:

Method of Contact Preferred: L-e. \ \ - -¾.llj ::\: '({\)OJ

LENGTH OF RESIDENCE
at above address: ·~ i. '6'< in Livingston ~ SO in County:·~ C., O OCCUPATION:

Occupation: (A'-"-c "-\" .f Employer:
'1 .:,.....-( \ u'-A <;. \o L C.\--\\ vi.(\ S., Employer Address: _______________ ____ _ Street City Zip

EDUCATION (highest school year, degrees, etc.)
it',.\"\~~~- ~,U.~N\ -- (\a.,ss ~ \t\.cB€> * Go 'JJ~\\Je( \ \ twn)
~o./-.;<.-(/(c;, \~ Ed\"'-Ca...¾ o~ . EJ S \\f\ \ . .:(J>,k~~~, ~, ~) \'(\u W-«\-e. ~(-t'S:, ~ ~ ~ \-e_ [v.Jl7~-e( ~ \~C.\---; \ "°\ C.v--(~¼~ "'-\ 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. \:,✓\~~-01(\. ~'(-(J~\\o'<\. ct>(\('\t("\\<;<;.-;~ (-s:.. (IW'{\ (\~ ,<-rn~ ~~) \..\ ~\'i:~'-X~~ l,\-\:i C ~'{\(,°' \ <..2-o,'o - 201.L\--) f\~'<'\('\·,~ ~<'<\rn, </--iv:)-r--\j.tX, <;_,~{~Cl\9.)-)..o')..D) .~,,.:.e.. ~~ \J{; \v'\Gf\&O.\\<c,-2.~J.A \ ~~'(-e ~a..-\\-.1~ Co-.\ t\-\\-(.<;. °"~ ~'f Co \'l\ext--e (2<Y)._(;:}- "1.,0"14-) / PAST AND PRESENT COMMUNITY SERVICE:
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WHAT DO YOU FEEL ARE YOUR MOST IMPORTANT QUALIFICATIONS FOR APPOINTMENT TO THE CITY COUNCIL?
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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. ~ . ~ ~~ }.o'2..S
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.)
{CWll 76SS.?.}