1 AMENDED
CITY COUNCIL SPECIAL AND REGULAR MEETING
AGENDA
FEBRUARY 4, 2025
SPECIAL MEETING: 5:30 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.
WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC
PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.
ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Regular Meeting on February 4, 2025, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter. You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).
2 SPECIAL MEETING
1. Call to Order
2. Roll Call
3. Pledge of Allegiance.
4. Moment of Silence – First Responders and Military Members.
5. Citizen Comments
CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items:
personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session.
Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.
6. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Christopher Lopez, Interim City Manager Employee Organizations:
OE3- Livingston Police Officer Association
7. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d):
four (4) matters.
8. Public Employee Appointment- (Government Code Section 54957) Title: Interim City Manager.
9. Conference with Legal Counsel – Anticipated Litigation Deciding whether to initiate litigation pursuant to paragraph 4 of subdivision (d) of Government Code Section 54956.9:
One (1) Case.
3 REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2025-07
Next Ordinance No.: 659
Pledge of Allegiance.
Moment of Silence – First Responders and Military Members.
Roll Call.
Closed Session Announcements.
Changes to the Agenda.
CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.
ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.
City Staff Announcements and Reports.
• Happy Bains, Assistant City Manager/ Finance Director – Finance Department Update.
City Manager Announcements and Reports.
• Christopher Lopez, Interim City Manager
City Council Members’ Announcements and Reports.
Mayor’s Announcements and Reports.
Appointed Councilmember
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Appointed Councilmember, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Appointed Councilmember.
• Utility Stakeholders Committee – Japjeet Uppal and Appointed Councilmember.
Jason Roth
4 • Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative. • Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Appointed Councilmember.
Japjeet Uppal
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Appointed Councilmember, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Appointed Councilmember, Alternate Representative. • Utility Stakeholders Committee – Japjeet Uppal and Appointed Councilmember.
Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
Jose Moran
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
AWARDS, PRESENTATIONS, PROCLAMATIONS
1. Presentation by Mayor Moran: Service Recognition of Interim City Manager Christopher Lopez.
CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.
CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member.
There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes per-person regardless of the number of items contained within the consent agenda 5 2. Consideration of an amendment to the Interim City Manager contract providing a 4% cost of living increase effective February 1, 2024. Recommendation: Approve Amendment.
3. Consideration of a Resolution (1) Authorizing the Interim City Manager to Execute a Professional Service Agreement with Shannon Pump Company to Provide Proactive Maintenance Repairs to Well 15 and Well 17 in an Amount not to Exceed $208,773.23, (2) Waive Formal Bidding Requirements as Outlined in Section 1-11-6, and (3) Authorizing the Finance Department to Make a Supplemental Appropriation to Fiscal Year 2024/2025 Budget in the Amount of $106,181.29 to the Water Enterprise Fund. Staff Recommendation: Approve Resolution.
4. Consideration of a Resolution Authorizing the Interim City Manager to Execute an Agreement with Midway Amusements for 2025/2026/2027 Sweet Potato Festival. Staff Recommendation: Approve Resolution.
5. Consideration of a Resolution Adopting the Memorandum of Understanding Between the City of Livingston and the Supervisory Employees’ Association for the Period of July 1, 2024, through June 30, 2025, and Adopting a Revised Comprehensive Pay Schedule. Staff Recommendation: Approve Resolution.
6. Consideration of a Resolution Adopting the Memorandum of Understanding Between the City of Livingston and the Police Officers’ Association for the Period of July 1, 2024, through June 30, 2025, and Adopting a Revised Comprehensive Pay Schedule. Staff Recommendation: Approve Resolution.
PUBLIC HEARING
7. Consideration of a Resolution Approve GPA No. 2023-01, Amending the General Plan Land Use Diagram of the City of Livingston from PF, Public Facility to HC, Highway Commercial to Accommodate Phase Two of the Moonglo Development Project on Property Generally Located on the South Side of Campbell Avenue East of Hammatt Avenue at Located at 2300 Campbell Avenue and Ordinance Amending the Official Zoning Map of the City of Livingston of Property Located at 2300 Campbell Avenue from Public/Quasi Public Facilities (PF) to Highway Service Commercial (C-3) (Rezone 2023-01). Staff Recommendation: Approve Resolution and Waive First Reading of Ordinance, open and close Public Comment, and approve Ordinance by title only. (CONTINUED TO THE NEXT REGULAR CITY COUNCIL MEEETING OF 2-18-2025).
8. Consideration of a Resolution to Approve a Time Extension for Time Extension Application No. 2024- 01 MIT No. 2019-03 for the Villages at Main Residential Apartment Community on Property Generally Located on the East Side of Main Street, South of Peach Avenue (APN No. 047-280-020 and 047-280- 029). Staff Recommendation: Approve Resolution. (CONTINUED TO THE NEXT REGULAR CITY COUNCIL MEEETING OF 2-18-2025).
DISCUSSION AND POTENTIAL ACTION ITEMS
9. Resolution 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 Fee’s Received from Gilton to be Put in the General Fund. Staff Recommendation: Approve Resolution.
6 10. Notice of Resignation of Japjeet Singh Uppal from the Livingston Planning Commission, Resolution Appointing Mohinder Kanda as a Commissioner of the City of Livingston Planning Commission, and Direction to Staff to Solicit Applications for Consideration for an Appointment to the Planning Commission as a Planning Commissioner Alternate Member.
11. Discussion and Direction Regarding Parks, Recreation, and Arts Commission Vacancies.
12. Discussion and Direction on Dissolving the Ad-Hoc Committee for Over-the-Counter Building Permit Application Process.
13. Discussion and Direction on the Designation of Delegate(s) for the Merced County Association of Governments (MCAG) 2025 One Voice Trip and Identify Potential Priorities.
14. 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.
15. Consideration of a Resolution Appointing a Member to Fill the City Council Vacancy as a Result of Councilmember-Elect Rodrigo Espinosa’s Resignation and Discuss the City Treasurer Vacancy.
ADJOURNMENT