1 CITY COUNCIL REGULAR MEETING AGENDA
MAY 20, 2025
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.
WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC
PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.
ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Regular and Special Meeting on May 20, 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 Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d):
One (1) matter.
REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2025-47
Next Ordinance No.: 660
Pledge of Allegiance.
Moment of Silence – First Responders and Military Members.
Roll Call.
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. 3 COUNTY SUPERVISOR’S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.
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
1. Consideration Of Resolution Accepting Completion of The Main St. And 4th St. Pavement Rehabilitation Project, Authorizing The City Clerk To File A Notice Of Completion With Merced County, And Authorizing The City Manager To Make Final Payment Of Retention Monies To Consolidated Engineering, Inc. Staff Recommendation: Approve Resolution.
2. Consideration Of A Resolution To Accept Bid And Award A Contract To Taylor Backhoe Service, Inc. DBA TBS Contractors For The Construction Of The I Street Waterline Replacement Phase 2 Project, Authorizing The City Manager To Utilize A Contingency For Contract Change Orders Up To 10% Of The Contract Amount, And Authorizing The City Manager To Execute The Agreement. Staff Recommendation: Approve Resolution.
3. Consideration Of A Resolution Ratifying Emergency Equipment Procurement And Service Call To Well 17; 1) Approving The Emergency Procurement Of A New Variable Frequency Drive (VFD) And Service Call From Valley 29 Electric, LLC In The Amount Of $25,360.38; 2) Authorizing The Finance Department To Make A Supplemental Appropriation To The Water Enterprise Fund In The Amount Of $25,360.38; 3) Authorizing The City Manager To Execute All Required Documents. Staff Recommendation: Approve Resolution.
4. Consideration of a Resolution Initiating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of Assessments for Fiscal Year 2025/2026 for the Livingston Benefit Assessment Districts, Approving the Engineer’s Report, Declaring the City’s Intention to Levy Annual Assessments Within Such Districts and Appointing a Time and Place for a Public Hearing. Staff Recommendation: Approve Resolution.
5. Consideration of a Resolution Initiating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of Assessments for Fiscal Year 2025/2026 for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Approving the Engineer’s Report, Declaring the City’s Intention to Levy Annual Assessments for the District, and Appointing a Time and Place for a Public Hearing. Staff Recommendation: Approve Resolution. 4 6. Consideration Of A Resolution (1) Authorizing the City Manager To Execute a Professional Service Agreement With Precision Emprise LLC, DBA Precision Concrete Cutting (PCC) For The 2025 Sidewalk Trip Hazard Mitigation Phase 1 Project for a Total Project Amount Not To Exceed $31,144.66 And (2) Waive Formal Bidding Requirements as Outlined in Section 1-11-6. Staff Recommendation: Approve Resolution.
7. Consideration of a Resolution Approving A City Of Livingston Residential Development Impact Fee Deferral Covenant With Livingston B Street, L.P. For The River Glen Apartment Project. Staff Recommendation: Approve Resolution.
8. Consideration of a Resolution Approving The First Amendment To The Agreement For Sales And Use Tax/Allocation And Audit Services Economic Analysis/Forecasting And Related Services With Hinderliter De Llamas And Associates, A California Corporation And Resolution Authorizing Examination Of Use And Transactions Tax Records
PUBLIC HEARINGS
9. Consideration Of A Resolution To Adopt Addendum No. 2 To The Mitigated Negative Declaration For The City’s 1,2,3 – TCP Removal Treatment System Project (State Clearinghouse #2018091025).
Staff Recommendation: Open Public Hearing, Close Public Hearing, and Approve Resolution.
10. An Ordinance of the City Council of the City of Livingston Repealing And Replacing The Entire City Of Livingston Municipal Code Staff Recommendation: Waiver First Reading of the Ordinance by Title and Approve Ordinance.
DISCUSSION AND POTENTIAL ACTION ITEMS
11. Consideration of a Resolution Establishing the Measure L Citizens’ Oversight Committee and Making it a Seven Member Committee. Staff Recommendations: Approve Resolution.
12. Discussion And Direction Regarding Amending The City Of Livingston Municipal Code Governing City Council Meeting Start Time.
13. Discussion And Direction Regarding Preparing An Amendment To The City Of Livingston Municipal Code Governing Term Limits For City Council Members.
ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.
• Anthony Chavarria, Public Works Director – Public Works Department Update.
City Manager Announcements and Reports.
City Council Members’ Announcements and Reports.
Mayor’s Announcements and Reports.
5 Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board –Robert Wallis, Representative and Japjeet Uppal, Alternative.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.
Jason Roth
• 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 Robert Wallis.
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 – Robert Wallis, 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 Robert Wallis, Alternate Representative. • Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.
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.
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
ADJOURNMENT