Agenda packet — Livingston City Council, April 5, 2022 (part 1 of 2)

1 CITY COUNCIL REGULAR MEETING AGENDA
APRIL 5, 2022
7:00 P.M.

NOTICE: IN ORDER TO MINIMIZE THE SPREAD OF THE COVID-19 VIRUS, THIS MEETING WILL BE CONDUCTED PURSUANT TO GOVERNMENT CODE SECTION 52953(e) AND CITY OF LIVINGSTON CITY COUNCIL RESOLUTION NO. 2021-71.

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 MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg

PERSONS WHO ATTEND THE MEETING ARE ASKED TO FOLLOW THE CURRENT STATE OF CALIFORNIA PUBLIC HEALTH GUIDANCE.
(Some Councilmembers may be participating in the meeting remotely via teleconferencing consistent with the Government Code Section 52953(e) and City of Livingston City Council Resolution No. 2021-71.) Notice is hereby given that the City Council will hold a Regular Meeting on April 5, 2022, at the City Council Chambers, 1416 C Street, Livingston, California or conducted pursuant to the Government Code Section 52953(e) and City of Livingston City Council Resolution No. 2021-71. 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. 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.
2 REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2022-14
Next Ordinance No.: 647
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

CITIZEN COMMENTS

MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL WILL BE GIVEN THE SAME TIME ALLOTMENT FOR COMMENTS (3 MINUTES) AS NORMALLY ALLOWED FOR MEETINGS SUBJECT TO THE PROVISIONS OF EXECUTIVE ORDER N-08-21
This section of the agenda allows members of the public to address the City Council on any item NOT otherwise 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. For items which are on the agenda this evening members of the public will be provided an opportunity to address the City Council as each item is brought up for discussion.

AWARD, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Bao Xiong, Sauci Xiong, and Daniela Ramirez, California Health Collaborative and CALI Youth Coalition: Strategies to Reducing Tobacco Exposure in Livingston.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

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 the City Manager or City Council Member. There will be no separate discussion of these items unless members of the City Council or City Manager request that specific items be removed. 3 2. WAIVING OF READING OF ORDINANCE AND RESOLUTIONS
City Council Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading the Title only, Unless Otherwise Requested by the Mayor or a Council Member.

3. AUTHORIZE REMOTE TELECONFERENCE MEETINGS
Resolution Proclaiming a Local Emergency and Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Livingston Pursuant to Brown Act Provisions.

4. DIRECTING THE CITY CLERK TO PREPARE ORDINANCE SUMMARIES Resolution Directing the City Clerk to Prepare Ordinance Summaries for Publication Pursuant to Government Code Section 36933.

5. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated March 24, 2022.

6. APPROVE THE EXTENTION OF THE CONTRACT WITH GOUVEIA ENGINEERING, INC.

FOR THE ON-CALL ENGINEERING SERVICES
Resolution Extending the Contract with Gouveia Engineering, Inc. for the On-Call Engineering Services for Federally Funded Transportation Projects for the City of Livingston and Authorizing the City Manager to Execute the Agreement.

7. WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 647 Waive the Second Reading of and Adopt Ordinance No. 647, Adding Livingston Municipal Code, Title 10, Chapter 14, “Military Equipment Use,” By Ordinance Adopt a Policy that Regulates the Use of Military Equipment by the Livingston Police Department.

8. APPROVE CONTRACT WITH BRASS RING AMUSEMENTS INC.

Resolution to Approve a Contract with Brass Ring Amusements Inc. for the 2022 Sweet Potato Festival.

9. APPROVE CONTRACT WITH JHC LLC
Resolution Approving a Contract with JHC LLC to Assist with the Maintenance of Recycling Programs.

PUBLIC HEARINGS

10. Public Hearing – Frist Reading and Introduction of Ordinance Amending Title 8, Chapter 2 “Wastes and Recyclable Materials” of the Livingston Municipal Code, Adding Legislation Related to State of California Methane Emissions Reduction Targets (SB1383 LARA, Chapter 395, Statutes of 2016) in a Statewide Effort to Reduce Organic Waste and Emissions of ShortLived Climate Pollutants (SLCP).

DISCUSSION AND POTENTIAL ACTION ITEMS

11. APPROVE THE MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN Resolution to Adopt the Multi-Jurisdictional Local Hazard Mitigation Plan.

12. Discussion and Direction on Water Shut Offs.
4 13. Discussion and Possible Direction Regarding Revising Cannabis Regulations.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT
RESOLUTION NO. 2021-71

A RESOLUTION OF THE CITY OF LIVINGSTON CITY COUNCIL

PROCLAIMING A LOCAL EMERGENCY AND AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY

OF LIVINGSTON PURSUANT TO BROWN ACT PROVISIONS
WHEREAS, the City Council of the City of Livingston (the "City") is committed to preserving public access and participation in meetings of the City Council; and WHEREAS, all meetings of the City's legislative bodies are open and public, as required by the Ralph M. Brown Act (Gov. Code,§§ 54950- 54963), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and
WHEREAS, Government Code section 54953, subdivision (e), provides provisions for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953, subdivision (b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition is that a state of emergency is declared by the Governor, pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City's boundaries, caused by natural, technological, or humancaused disasters; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing or the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, on March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and WHEREAS, there has been a significant increase in COVID-19 cases in Merced County due primarily to the Delta variant of SARS-CoV-2, the virus that causes COVID-19. Emerging evidence indicates that the Delta variant is far more transmissible than prior variants of the virus, may cause more severe illness, and can be spread by fully vaccinated individuals; and
WHEREAS, as a consequence of the declared emergency, the City Council does hereby find that the legislative body of the City shall conduct their meetings {CW108155.! I
without compliance with Government Code section 54953, subdivision (b )(3), as authorized by Section 54953, subdivision (e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Section 54953, subdivision (e)(2); and
WHEREAS, pursuant to Government Code section 54953, subdivision (e)(3), in order to continue to teleconference without compliance with Government Code section 54953, subdivision (b)(3), the City Council shall, not 30 days after teleconferencing for the first time pursuant to this Resolution, and every 30 days thereafter, make the following findings by majority vote: The legislative body has reconsidered the circumstances of the state of emergency and any of the following conditions exist: (1) The state of emergency continues to directly impact the ability of the members to meet safely in person or (2) state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City reserves the option to hold in-person meetings, consistent with local health officer directives, or to continue a practice of remote meetings that still allow multiple options for public participation.

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

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference,
Section 2. Proclamation of Local Emergency. The City Council hereby proclaims that a local emergency exists throughout the City, and that the legislative body meeting in person could present imminent risks to the health and safety of attendees due to the prevalence of COVID-19 in Merced County and the state, such that the City reserves the right to continue virtual meetings or conduct in-person meetings, consistent with local health guidance or duly issued orders.

Section 3. Remote Teleconference Meetings. The legislative body and its General Manager and designees of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953, subdivision (e), and other applicable provisions of the Brown Act.

Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) October 30, 2021, or (ii) such time the City Council of Directors makes a subsequent finding by majority vote in accordance with Government Code section 54953, subdivision (e)(3), to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

Passed and adopted this 5th day of October, 2021, by the following vote:
{CWIOBISS.1)
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mayor Agui lar and Council Members Baptista-Soto, Kang, and Garcia None
None
Council Member Moran
ilar Jr., Mayor
e City of Livingston
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 5th day of October, 2021 .
/kK--
Leticia Vasquez-Zurita, City ~ Clerk
of the City of Livingston
{CWI081 55. I f
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY OF LIVINGSTON CITY COUNCIL DIRECTING

THE CITY CLERK TO PREPARE ORDINANCE SUMMARIES FOR
PUBLICATION PURSUANT TO GOVERNMENT CODE SECTION 36933
WHEREAS, Government Code section 36933 requires the City Clerk to publish each ordinance within 15 days after its passage, along with the names of those City Council members voting for and against the ordinance, in a newspaper of general circulation published and circulated in the City; and
WHEREAS, as an alternate to publishing the full text of an ordinance, the City Council may also satisfy the publication requirement of Government Code section 36933 by taking the following actions:

1. Designate an official to prepare a summary of the proposed ordinance,

2. Publish the summary in a newspaper and post a certified copy of the full text of the proposed ordinance in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which the proposed ordinance is to be adopted, and

3. Within fifteen (15) days after the adoption of the ordinance, publish the summary of the ordinance along with the names of the City Council members voting for and against the ordinance, and post the full text of the ordinance along with the names of the City Council members voting for and against the ordinance in the Office of the City Clerk; and WHEREAS, it is often more economical and efficient for the City to publish summaries of ordinances, rather than the complete ordinances; and
WHEREAS, together with the availability of the complete ordinance at the Office of the City Clerk, the publication of ordinance summaries provides adequate notice to the public of the legislative actions being taken by the City Council.

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

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Delegation to City Clerk. The City Clerk shall be the city official designated to prepare summaries of ordinances for publication, pursuant to Government Code section 36933, subdivision (c)(1).

Section 3. Publication of Ordinance Summaries. The City Clerk shall, when it is efficient, practical, and economical to do so, publish summaries of ordinances in the manner prescribed by Government Code section 36933, subdivision (c)(1 ). {CW! 12530.2}
Section 4. Publication of Complete Ordinances. When deemed necessary by the City Clerk, the City Clerk may publish the full text of ordinances in the manner prescribed by Government Code section 36933, subdivision (a).

Section 5. Ratification of Prior Publications. The City Council of the City of Livingston hereby ratifies the publication of prior ordinances and ordinance summaries.

Section 6. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Livingston at a meeting of said City Council held on the 5th day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Juan Aguilar Jr., Mayor
of the City of Livingston
I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of City Council of the City of Livingston this 5th day of April, 2022.
{CW! 12530.2}
Leticia Vasquez~Zurita, City Clerk
of the City of Livingston

STAFF REPORT
AGENDA ITEM:

MEETING DATE:

Warrant Register dated March 24, 2022
April 5, 2022
PREPARED BY:

REVIEWED BY:

Nancy Fuentes, Accounting Technician
Vanessa Portillo, City Manager
RECOMMENDATION:

Ratify the warrant register dated March 24, 2022
DISCUSSION:

Government Code sections 37208(b) and 37209 provide that accounts payable warrants or checks drawn in payment of demands certified or approved by the finance director as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.

In addition, Government Code section 37208(a) provides that payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. The sum total of any payroll checks issued within the week prior to the date of the check register is also noted on the accompanying check register.

The following checks have been certified to be in accordance with the City's approved budget.

The checks have been issued and the check register is presented to the City Council for ratification:

March 3, 2022- March 24, 2022
GENERAL WARRANTS ...................... .... $ 1,174,671.78 6331-6469 PAYROLL/WIRE WARRANTS .................. $ 177,486.76 2020-2036 TOTAL WARRANTS .............................. $ 1,352, 158.54 ATTACHMENTS:

Warrant Register (summarized by date and check number)
1 Accounts Payable
Checks by Date - Summary by Check Date
User: nfuentes
Printed: 3/25/2022 I 0: 14 AM
Check 0 Vendor No Vendor Name
6331 251 ABS Direct, Inc.
6332 678 Allstar Fire Equipment, Inc.
6333 252 Allways Towing
6334 396 American Fidelity Assurance
6335 253 AT&T
6336 454 Backflow Apparatus & Valve Co.
6337 193 BSK Associates
6338 272 Charter Communications
6339 508 City of Livingston (Petty Cash)
6340 291 City of Livingston c/o L &L District lrrigati
6341 568 Cummins Sales and Service
6342 163 EZ Auto Supply
6343 188 Frontier
6344 262 Gilton Sol id Waste
6345 501 Hunt& ons, Inc.
6346 296 Image Source
6347 165 J L Analytical Services, Inc.
6348 829 Jared Steeley Water & Wastewater Manage,
6349 318 La Rue Communications
6350 867 Noreen Lobato Canals
6351 708 Merced CoLmty Law Enforcement ChiePs A
6352 497 Merced County Sheriff
6353 180 Mission Linen Service
6354 431 Monte Vista Small Animal Hospital
6355 203 PG&E
6356 273 Potential Electric Inc.
6357 405 Premier Access Insurance Company
6358 808 Robert lclalf
6359 439 Sharpening Shop
6360 307 Shred-It, C/0 Stericycle, Inc.
6361 671 Natalie Sobalvarro
6362 308 Sprint
6363 598 Standard Insurance Company RB
6364 393 State of California
6365 801 Texas Underground, Inc.
6366 422 U.S. Bank Corporate Payment Systems
6367 868 Erica Valencia
6368 487 Albert Poukaldani Village Cleaners
6369 608 Vision Service Plan- CA
6370 289 Able Ribbon Technology, INC.
6371 250 Alhambra
6372 396 American Fidelity Assurance
6373 411 Harpreet Bains
6374 162 Steve Bassi
AP Checks by Date - Summary by Check Date (3/25/2022 I 0: 14 AM) Check Date
03/10/2022
03/ 10/2022
03/10/2022
03/10/2022
03/10/2022
03/ 10/2022
03/10/2022
03/ 10/2022
03/ 10/2022
03/10/2022
03/10/2022
03/10/2022
03/10/2022
03/10/2022
03/ 10/2022
03/10/2022
03/ 10/2022
03/10/2022
03/10/2022
03/10/2022
03/10/2022
03/ 10/2022
03/10/2022
03/10/2022
03/ 10/2022
03/10/2022
03/10/2022
03/10/2022
03/10/2022
03/10/2022
03/ 10/2022
03/10/2022
03/10/2022
03/10/2022
03/10/2022
03/10/2022
03/ 10/2022
03/ 10/2022
03/10/2022
City of Livingston
i 416 C Street
Livingston, CA 95334
Void Checks

0.00 0.00

0.00 Total for 3/10/2022: 0.00
03/17/2022 0.00
03/17/2022 0.00
03/17/2022 0.00
03/1.7/2022 0.00
03/ 17/2022 0.00
Check Amount
824.33
697.42
450.00
3,345.84
222.85
362.28
350.00
202.47
416.21
5,900.75
1,131.43
128.67
1,357.27
95,457.97
682.19

88.95 152.00
4,215.00
2,691.00

57.50 125.00
19,529.24
130.60
511.17
67,370.93
46,344.00
2,022.10
4,947.59

19.02 258.03
150.00
126.02
2,233.39
635.83
80,304.99
16,886.03
699.21
226.00
144.25
36 1,397.53
1,316.49
146.61
3,758.32

50.00 50.00
Page I
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 6375 538 Adanan Bath 03/17/2022 0.00 50.00
6376 193 BSK Associates 03/17/2022 0.00 669.00
6377 766 Central Valley Landscape & Tree 03/17/2022 0.00 1,692.00 6378 272 Charter Communications 03/17/2022 0.00 109.98
6379 259 Collins & Schoettler Planning Consultants 03/ 17/2022 0.00 4,777.50 6380 384 Cooling Shedd Air Conditioning Co. 03/ 17/2022 0.00 597.80 6381 283 CoreLogic Solutions, LLC 03/17/2022 0.00 200.00 6382 293 Department of Justice Accounting Office 03/17/2022 0.00 626.00 6383 UB*01983 ERIKA FERNANDEZ 03/17/2022 000 119.37
6384 387 Frontier Communications Corp Frontier Co 03/1 7/2022 000 151.32 6385 159 Andres Fuentes 03/17/2022 0.00 50.00
6386 265 Jennifer Halpin 03/17/2022 0.00 2,194.50
6387 425 HdL Coren & Cone 03/17/2022 0.00 985.59
6388 469 Hewlett Packard Financial Services Co. 03/17/2022 0.00 901.99 6389 811 Pete Hulse, DVM, Pa Hilmar Animal Hospi 03/17/2022 0.00 310.00 6390 501 Hunt & Sons, Inc. 03/17/2022 0.00 4,978.97
6391 458 IEH- Aquatic Research 03/17/2022 0.00 271.00
6392 296 Image Source 03/17/2022 000 347.43
6393 786 J.B, Anderson Land Use Planning 03/17/2022 0.00 14,037.30 6394 570 Jocelyn E. Roland, Ph.D., ABPP 03/17/2022 0.00 475.00 6395 785 Kaufman Trailers of NE, INC 03/17/2022 0.00 7,080.00 6396 318 La Rue Communications 03/17/2022 000 900.00
6397 876 Livingston Farmers Association 03/17/2022 VOID 10,000.00 0.00 6398 874 Livingston Self Storage 03/17/2022 0.00 244.50 6399 278 Merced Irrigation District 03/ 17/2022 0.00 27,564.34 6400 269 Merced Pest Control 03/17/2022 0.00 80.00
6401 576 Mid Cal Pipeline & Utilities, Inc. 03/17/2022 0.00 236,342.98 6402 389 Mid Valley IT 03/17/2022 0.00 75.00
6403 180 Mission Linen Service 03/17/2022 0.00 2,134.47 6404 431 Monte Vista Small Animal Hospital 03/ 17/2022 0.00 511.17 6405 199 Northstar Chemical 03/17/2022 0.00 7,797.29
6406 302 Office Depot, Inc. 03/17/2022 0.00 482.94
6407 203 PG&E 03/ 17/2022 0.00 108.70
6408 870 Vanessa Portillo 03/ 17/2022 0.00 48.00
6409 273 Potential Electric Inc. 03/17/2022 0.00 1,017.96 6410 871 Anaberta Pulido 03/17/2022 0.00 150.00
6411 430 Quadient Finance USA, Inc. 03/17/2022 0.00 519.64 6412 872 Molly Ramos 03/ 17/2022 0.00 150.00
6413 859 Ray Morgan Co 03/17/2022 0.00 490.17
6414 535 Jason Roth 03/17/2022 000 50.00
6415 499 Safety-Kleen Systems, Inc. 03/ 17/2022 0.00 3,090.62 6416 323 Springbrook Holding company LLC 03/17/2022 0.00 1,727.00 6417 309 St Francis Electric 03/17/2022 0.00 475.00
6418 875 Taylor ER Veterinary Emergency Hospital 03/17/2022 0.00 180.02 6419 311 TBA Auto Parts 03/17/2022 0.00 439.61
6420 284 Trans Union LLC 03/1 7/2022 000 363.29
6421 249 United Site Services 03/17/2022 0 00 758.30
6422 314 Valley Coffee 03/17/2022 0 00 73.90
6423 367 Verizon Wireless 03/17/2022 0.00 1,412.03
6424 818 Renee Waite-Mendonca 03/ 17/2022 0.00 50.00
6425 536 Robert Wallis 03/17/2022 0.00 50.00
6426 210 WGR Southwest, Inc. 03/17/2022 0.00 2,949.86
Total for 3/ 17/2022: 10,000.00 336, 182.96
6427 877 First American Title Company 03/22/2022 0.00 10,000.00 AP Checks by Date - Summary by Check Date (3/25/2022 I 0: I 4 AM) Page 2 Check No Vendor No Vendor Name Check Date Void Checks Cheek Amount Total for 3/22/2022: 0.00 10,000.00
6428 25l ABS Direct, Inc. 03/24/2022 0.00 124.70
6429 736 ARA, Inc. 03/24/2022 0.00 3,817.44
6430 282 AT&T Mobility 03/24/2022 0.00 1,465.52
6431 517 Boutin Jones, lnc 03/24/2022 0.00 1,003.50
6432 193 BSK Associates 03/24/2022 0.00 3,532.00
6433 884 Monica Cisneros 03/24/2022 0.00 362.70
6434 881 Daniela Duran 03/24/2022 0.00 150.00
6435 549 Vanessa Belen Echevarria 03/24/2022 0.00 990.87 6436 163 EZ Auto Supply 03/24/2022 0.00 38038
6437 260 First Communications, LLC 03/24/2022 0.00 14.03 6438 164 Garza Tire & Wheel, Inc 03/24/2022 0.00 1,068.27 6439 262 Gilton Solid Waste 03/24/2022 0.00 8,881.45
6440 356 Gouveia Engineering, lnc. 03/24/2022 0.00 45,363.20 6441 882 Michelle Hildago 03/24/2022 0.00 150.00
6442 642 Hilmar Rentals, LLC 03/24/2022 0 00 40,406.24
6443 482 Hi-Tech EVS, Inc, 03/24/2022 0 00 2,167.42
6444 267 Hoffman Security 03/24/2022 0.00 36.95
6445 501 Hunt & Sons, Inc. 03/24/2022 0.00 1,890.33
6446 878 Laura Hurtado 03/24/2022 0.00 150.00
6447 883 Angelica Martinez 03/24/2022 0.00 150.00
6448 615 McClatchy Company LLC 03/24/2022 000 623.10
6449 497 Merced County Sheriff 03/24/2022 0.00 18,973.76 6450 278 Merced irrigation District 03/24/2022 0.00 2,698. 11 6451 389 Mid Valley IT 03/24/2022 0.00 9,215.00
6452 180 Mission Linen Service 03/24/2022 0.00 23 1.95
6453 194 Modesto Welding Products 03/24/2022 0.00 21.00 6454 459 Municipal Maintenance Equipment 03/24/2022 000 285,857.25 6455 763 NBS Government Finance Group 03/24/2022 0.00 6,500.00 6456 199 Northstar Chemical 03/24/2022 0.00 3,004.59
6457 302 Office Depot, lnc. 03/24/2022 0.00 28.44
6458 437 Operating Engineers Local 3 03/24/2022 0.00 288.00 6459 246 Brenda Partida 03/24/2022 0.00 150.00
6460 879 Lorena Pineda-Gonzalez 03/24/2022 0.00 150.00
6461 880 Roberto Ramirez 03/24/2022 0.00 205.00
6462 433 Razzari Ford 03/24/2022 000 144.84
6463 808 Robert Half 03/24/2022 0.00 798.88
6464 208 Saenz Pest Control, lnc. 03/24/2022 0.00 127.00 6465 873 Deanna Soria 03/24/2022 . 0.00 220.92
6466 393 State of California 03/24/2022 000 635.83
6467 527 SWRCB Accounting Office 03/24/2022 0.00 250.00 6468 311 TBA Auto Parts 03/24/2022 0.00 4 1.82
6469 287 West Coast Code Consultants, Inc. 03/24/2022 0.00 24,820.80 Total for 3/24/2022: 0.00 467,091.29
Report Total (139 checks): 10,000.00 1, 174,671.78
AP Checks by Date - Summary by Check Date (3/25/2022 I 0: 14 AM) Page 3 AGENDA ITEM:

MEETING DATE:

PREPARED BY:

RECOMMENDATION

STAFF REPORT
Resolution Extending the Contract with Gouveia Engineering, Inc. for the On-Call Engineering Services for Federally Funded Transportation Projects for the City of Livingston and Authorizing the City Manager to Execute the Agreement
April 5, 2022
Vanessa Portillo, City Manager
Staff recommends that the City Council adopt a Resolution approving a contract extension with Gouveia Engineering for On-Call engineering services for Federally Funded Transportation Projects and authorize the City Manager to execute related agreement.

BACKGROUND/DISCUSSION
On March 26, 2019, the City of Livingston accepted proposals from various engineering firms to provide On-Call Engineering Services for Federally Funded Transportation Projects. City staff evaluated the proposals and selected Gouveia Engineering as the most qualified and responsive firm. Subsequently, Gouveia's proposal was reviewed and approved by Caltrans based on the Architecture and Engineering (A&E) procurement process published by the Department of Federal Highways Administration (FHWA).

On April 2, 2019, the City of Livingston approved a resolution awarding a contract to Gouveia Engineering for said services for a maximum term of 5 years in accordance with the FHWA guidelines. The initial contract was made effective on April 2, 2019, for an initial term of three years. The contract was to be extended for two (2) additional one-year terms per the initial contract and proposal requirements by the City of Livingston.

The City is in need of the services provided by Gouveia Engineering to complete the ongoing and future transportation projects for the City of Livingston that are funded with both State and Federal grants.

FISCAL IMPACT
The on-call contract fees would be funded from State and Federal grants awarded for City projects.

ATTACHMENTS

1. Resolution of the City Council of the City of Livingston Extending the Contract with Gouveia Engineering Inc. for the On-Call Engineering Services for Federally Funded Transportation Projects and Authorizing the City Manager to Execute the Agreement

2. Contract Amendment No. 1 Effective April 3, 2022

3. Gouveia Engineering Proposal Fees Dated March 15, 2022 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON EXTENDING THE CONTRACT WITH GOUVEIA ENGINEERING, INC. FOR THE ONCALL ENGINEERING SERVICES FOR FEDERALLY FUNDED TRANSPORTATION

PROJECTS FOR THE CITY OF LIVINGSTON AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City of Livingston is responsible for constructing transportation projects that are state and federally funded; and
WHEREAS, these Federal funds are provided by the Federal Highways Administration (FHWA); and
WHEREAS, in order to comply with the Federal regulations and due to limited staffing and expertise, certain services including Engineerfng are contracted out to qualified firms; and WHEREAS, these services can be offered on an on~call basis through a contract with a term for a maximum of five (5) years as allowed by the Federal regulations; and WHEREAS, on April 2, 2019, the City of Livingston entered into a contract with Gouveia Engineering for on-call engineering services with an initial term of three (3) years with an option to extend the contract for two (2) additional one-year terms; and WHEREAS, the City Council desires to extend the contract with Gouveia Engineering for one (1) year and delegates the City Manager to execute the contract amendment effective April 3, 2023; and
WHEREAS, the Finance Department will make the necessary adjustments the Fiscal Year 2021/22 and future budgets to incorporate these costs; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVINGSTON, THAT:

1. The above recitals are true and correct.

2. The City Manager of the City of Livingston is authorized to execute the agreement and any and all documents necessary to effectuate the work on behalf of the City.

3. This resolution is effective immediately upon adoption.

Passed and adopted this 5th day of April, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Page 1 of 2 ends

Juan Aguilar Jr., Mayor
of the City of Livingston
ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 5th day of April, 2022.

Leticia Vasquez-Zurita, City Clerk
of the City of Livingston

Page 2 of 2 ends

AMENDMENT NO. 1

TO ON-CALL ENGINEERING SERVICES CONTRACT

FOR FEDERALLY FUNDED TRANSPORTATION PROJECTS
This Amendment No. I to Consultant Services Contract is made and entered into effective the 3rd day of April, 2022, by and between the CITY OF LIVINGSTON, a California municipal corporation (hereinafter referred to as "CITY") and GOUVEIA ENGINEERING, INC., a California Corporation (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, the CITY and CONSULTANT entered into a Consultant Services Contract ("AGREEMENT") dated April 2, 2019: and
WHEREAS, the AGREEMENT provides for an initial contract term of three (3) years and may be extended for two additional one-year terms by contract amendment; and WHEREAS, Article V, Paragraph A of the AGREEMENT shall be amended to read:

A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in CONSULTANTs Cost Proposal (ATTACHMENT I). The specified hourly rates shall include direct salary costs, indirect costs ( employee benefits and overhead), and fee.

These rates are subject to an annual adjustment for the performance period set forth in this AGREEMENT.

WHEREAS, the parties wish to extend the AGREEMENT for an additional two years with updated hourly rates.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:

A. ALLOW ABLE COSTS AND PAYMENTS
Paragraph A under Article V of the AGREEMENT shall read as amended.

B. PERFORMANCE PERIOD
In accordance with Article IV, Paragraph A of the AGREEMENT, the AGREEMENT is hereby extended one (I) year to April 2, 2023.

C. CONSULTANT COMPENSATION
In accordance with the amended Article V, Paragraph A, CONSULT ANT shall use the revised hourly rates attached as "Exhibit I 0-H2, dated March 15, 2022" to this Amendment No. I.

C. TERMS AND CONDITIONS
Except as expressly modified in this Amendment No. I, the terms and conditions of the Consultant Services Agreement and the rights, duties, and obligations of the parties thereunder are unchanged and remain in full force and effect.

Page 1 of 2 ends

IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. I the day and year first hereinabove written.

CITY OF LIVINGSTON: GOUVEIA ENGINEERING, INC.:

By,--------------- By,--------------- Vanessa Portillo, City Manager Mario Gouveia, P .E., President

Page 2 ends

Local Assistance Procedures Manual
Note: Mark-u2s are Not Allowed
Consultant Gouveia Engineerinl! Inc.

Project No. Citv of Li in!!ston
For Combined Rate
EXHIBIT 10-H2 COST PROPOSAL Page I of3

SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
IZI Prime Consultant D Subconsultant
Contract No. FHW A 2019 - Amendment 1 Participation Amount $995.000.00 Fringe Benefit 16.70% + General &Administrative 129.05% OR
For Home Office Rate
Fringe Benefit% + General &Administrative%
For Field Office Rate
Fringe Benefit% , General &Administrative%
Fee
EXHIBIT 10-H2
Cost Proposal
D 2nd Tier Subconsultant
Date 03/1 5/2022
= 145.75% Combined
= Home Office !CR%
= Field Office ICR¾
15%

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification1 Hourly Billing Rates2
Straight3 OT(l.Sx) OT(2x)
Mario Gouveia - President/Principal $217.39 $326.08 $434.77 Engineer*
Noe Martinez - Principal Engineer $194.52 $291.78 $389.04 Carlos Fernandez - Senior Engineer $151.14 $226.71 $302.28 Nicholas Fontaine - Senior Engineer $151.14 $226.71 $302.28 Roberto Orozco - Associate Engineer $104.79 $157.19 $209.59 Danny Reed - Project Manager $160.95 $241.42 $321.90
Linda Gouveia - Vice-President/ $190.23 $285.34 $380.4S Engineering Asst lI
Mark Arrieta - Engineer Technician $107.70 $161.56 $215.41 Terri Chagnon - Engineer Technician $81.51 $122.26 $163.01 Deena Menezes - Clerical $96.06 $144.09 $192.12
Tina Whitsitt - Engineering Asst II $81.S l $122.26 S163.01 Reyes Porras Jr. - Engineering Tech. $106.26 $159.39 $212.52 Effective Date of Hourly Rate
From To
01/01/2022 12/31/2022
01/01 /2022 12/31/2022
01 /01/2022 12/31/2022
01/01/2022 12/31/2022
01/01/2022 12/31/2022
01 /01 /2022 ]2/31/2022
0 1/01/2022 12/31/2022
01/01/2022 12/31/2022
01/01/2022 12/31/2022
01/01/2022 12/31/2022
01/01 /2022 12/31/2022
01/01/2022 12/31/2022
Actual or Avg.

Hourly Rate4
$76.92
$68.83
$53.48
$53.48
$37.08
$56.95
$67.31
$38.11
$28.84
$33.99
$28.84
$37.60
%or$
Increase

0.0%

0.0%
Hourly Range -
for Classifications Only
Not Applicable
Not Applicable
Not Applicable
Not Applicable

Page 1 ends

January 2020
Local Assistance Procedures Manual
NOTES:

EXHIBIT 10-H2
Cost Proposal

1. Key personnel !!!!!§! be marked with an asterisk(*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended.

3. Billing rate= actual hourly rate* (1+ ICR) * (l+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply •vith the Federal cost principles for reimbursement.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

EXHIBIT 10-H2 COST PROPOSAL Page 2 of3

SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant Gouveia En2:ineering Inc. 181 Prime Consultant D Subconsultant Project No. City of Livingston Contract No. FHW A 2019 - Amendment l Date 03/15/2022 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional uae:es as necessary) Description of Item Quantity Unit Unit Cost Total
Mileage Costs NIA NIA NIA IRS Std Milea~e Rate
Subconsultant 1: CVEAS $150,000
Subconsultant 2: Krazan & Associates $70,000
Subconsultant 3: $
Subconsultant 4: $
Subconsu.ltant 5: $
Note: Add additional pages ifnecessary.

NOTES:

I. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.

2. Proposed ODC items should be consistently billed regardless of client and contract type.

3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.

4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).

5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.

6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.

Page 2 ends

January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal

7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.

8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not ovm any vehicles that could be used for the same purpose.

9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. l O. Add additional pages if necessary.

I 1. Subconsultants must provide their own cost proposals.

Page 3 ends

January 2020
Local Assistance Procedures Manual
EXHIBIT 10-H2 COST PROPOSAL Page 3 of3
Certification of Direct Costs:

EXHBIT 10-H2
Cost Proposal
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section I 12 - Letting of Contracts

4. 48 Code of federal Regulations Part 31 - Contract Cost Principles and Procedures

5. ;23 Code of Federal Re, 1lulion >a ·1 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 18 ode of F , cral Re 11 i 1io 1s I art 9904 - Co L Accmu tin 1 ' tanch1rd Bo, rel (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant 01· Subconsultaut Cerlifying:

Title *: Prcsident/Princi al En ineer
Date of Ce11ification (mm/dd/yyyy): 03/15/2022
Email: n1gouveia@gouveiaengineeri11g,com Phone Number: (209) 854-3300 Address: 456 Sixth Street, Gustine, CA 95322
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providing under the proposed contract:

On-call Engineering Services for Federally Funded Transportation Projects.

Page 4 of 4 ends

January 2020
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT

APPROVAL OF MILITARY EQUIPMENT USE POLICY BY

ORDINANCE
April 5, 2022
Chuck Hale, Interim Chief of Police
Vanessa Portillo, City Manager
RECOMMENDATION:

Staff recommends that the City Council take the following action:

1. Waive the Second Reading and Adopt Ordinance No. 647, establishing the requirements for a policy that regulates the use of military equipment by the City of Livingston Police Department and adopting a policy for the use of military equipment.

BACKGROUND:

On September 30, 2021, Governor Newsom signed into law Assembly Bill 481 ("AB 481 ") relating to the use of military equipment by law enforcement agencies. AB 481, codified in California Government Code sections 7070 through 7075, requires that any law enforcement agency seeking to use existing or new military equipment to create a military use policy, present the policy for governing board approval by ordinance, and produce annual reports pertaining to the policy and use of military equipment.

The City of Livingston ("City") Police Department ("Department") seeks the City Council's adoption of Ordinance No. 647 ("Ordinance"), which establishes the requirements of the City's Military Equipment Use Policy as required under AB 481 to allow the department to continue using the vital equipment in the course of the Department's activities and adopt the policy.

ANALYSIS:

The proposed ordinance ("Ordinance") establishes the requirements for the Department's Military Equipment Use Policy ("Policy") and approves a Policy. Under AB 481 and the Ordinance, the Policy must outline each item identified in Government Code section 7070 as military equipment that the City currently owns or uses. The military equipment (the "Equipment") identified in Government Code section 7070 that must be identified in the Policy, includes:

1. Unmanned, remotely piloted, air or ground vehicles, such as drones.

2. Armored vehicles.

3. Humvees.

4. Battering rams.

5. Firearms and ammunition of .50 caliber or greater, not including shotguns and shotgun ammunition.
(CW I 12178.4) Page 1 of3

6. Flashbangs and other explosive breaching tools.

7. Rubber bullets and other associated specialty impact munitions.

Where the Department seeks to use any of the Equipment, the City Council must adopt a Policy by ordinance that must include:

1. A description of the Equipment, the quantity sought, its capabilities, and expected lifespan.

2. The purposes and authorized uses of the Equipment.

3. The fiscal impact of acquiring and maintaining each type of Equipment.

4. The legal and procedural rules that govern use of the Equipment.

5. The training required to use the Equipment.

6. The compliance mechanisms to enforce the Policy.

7. The procedure for the public to register complaints or submit questions about the Equipment.

If the City Council elects to adopt the Ordinance, the City Council both establishes the criteria for military use policy that will be added to the City of Livingston Municipal Code and adopts a Policy. As required under AB 481 and the Ordinance, the Policy proposed for adoption has been made publicly available on the Department's website thirty (30) days prior to this meeting to consider the Ordinance. In adopting the Ordinance to approve the Policy, the City Council must find all of the following:

1. The Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If Equipment is being purchased, the Equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior Equipment use complied with the Policy that was in effect at that time or where Equipment use did not comply, corrective action has been taken to remedy nonconforming use and ensure future compliance.

Should the City Council adopt the Ordinance, each calendar year, an annual military equipment report will be submitted to City Council for review and approval, as long as military equipment is maintained by the Department. As required under the Ordinance, the annual military equipment report must include:

1. A summary of how the Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Equipment.

3. The results of any internal audits, any information about violations of the Policy, and any actions taken in response.

4. The total annual cost for each type of Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of Equipment.

6. If the law enforcement agency intends to acquire additional Equipment in the next year, the quantity sought for each type of Equipment.

Future acquisitions of any item deemed "military equipment" will require further public meetings, Policy updates, and City Council approval.
{CW! 12178.4) Page 2 of3
Items identified as military equipment by AB 481 are resources used in overall best practices for law enforcement agencies throughout the country. There are numerous examples of incidents that demonstrate the need for more effective options for law enforcement, such as patrol rifles and armored rescue vehicles. In addition, military equipment items are field-tested tools used to enhance the safety of communities and the officers that serve them.

FISCAL IMPACT
No budget adjustment would be required. Annual maintenance costs to support the Equipment identified in the Policy have already been budgeted.

ATTACHMENTS

1. Ordinance No. 647, Establishing the requirements for a Military Equipment Use Policy and approving of the City of Livingston Policy Department Military Equipment Use Policy.

2. Livingston Police Department Military Equipment Use Policy. (CW! 12178.4) Page 3 of3
ORDINANCE NO. 647

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADDING LIVINGSTON MUNICIPAL CODE, TITLE 10, CHAPTER 14, "MILITARY EQUIPMENT USE", BY ORDINANCE ADOPT A POLICY THAT REGULATES THE USE OF

MILITARY EQUIPMENT BY THE LIVINGSTON POLICE DEPARTMENT
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body by an ordinance adopting a "military equipment" use policy at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code section 7070.

WHEREAS, The Livingston Police Department currently has items in its inventory deemed to be "Military Equipment under the provisions of Assembly Bill 481, and California Government Code 7070 through 7075.

WHEREAS, the City of Livingston Municipal Code ("LMC") adopts a policy that regulates "Military Equipment Use" by the Livingston Police Department.

WHEREAS, the Livingston City Council has read and evaluated the proposed policy and finds that it complies with the requirements set forth in the California Government Code (Chapter 12.8, Section 7071).

WHEREAS, Title 10-Police Regulations, Chapter 14 LMC will be titled as Military Equipment Use.

THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENT. Title 10, Chapter 14, Military Equipment Use, of the Livingston Municipal Code shall be added to read as follows:

SECTIONS:
10-14-1
10-14-2
10-14-2
10-14-3
10-14-4
10-14-5
10-14-6
{CW112181.4}
TITLE 10
Police Regulations

10.14 MILITARY EQUIPMENT USE
Findings
Determinations
Name of Ordinance
Definitions
Military Equipment Use Policy Requirement
Use in Exigent Circumstances
Reports on the Use of Controlled Equipment
10-14-7
10-14-8
10-14-1
Enforcement
Severa bi I ity
Findings
A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 , relating to the use of military equipment by law enforcement agencies.

B. Assembly Bill 481, codified at California Government Code section 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a "military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code section 7070.

C. Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.

D. The proposed military use policy is found within Livingston Police Department Policy and Procedural manual.

E. Livingston Police Department Policy was published on the Livingston Police Department's internet website on www.cityoflivingston.org/police. In addition, the Livingston Police Department, Military Equipment Use Policy was presented to City Council on March 15, 2022.

F. The Livingston Police Department, Military Equipment Use Policy, meets the requirements of California Government Code section 7070, subdivision (d). 10-14-2 Determinations
Based on the findings above, in addition to the information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in the Livingston Police Department, Military Equipment Use Policy, is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. Livingston Police Department, Military Equipment Use Policy, will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. The Military equipment identified in the Livingston Police Department, Military Equipment Use Policy, is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Livingston Police Department, Military Equipment Use Policy, is approved and adopted.
10-14-3 Name of Ordinance
This Ordinance shall be known as the Military Equipment Use Ordinance. 10-14-4.1 Definitions
A. "Military Equipment" includes all of the following (Per CA Gov. Code, § 7070):
{CW112181.4}
{CW112181.4}

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

B. "City" means any department, agency, bureau, and/or subordinate division of the City of Livingston.

C. "Police Department" means any division, section, bureau, employee, volunteer and/or contractor of the Livingston Police Department.

D. "City Council" means the governing body that is the Livingston City Council.

E. "Military Equipment Use Policy" means a publicly released, written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (CW112181.4}
F. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.

H. "Type" means each item that shares the same manufacturer model number. 10-14-5 Military Equipment Use Policy Requirement
A. The Livingston Department shall obtain approval of the City Council, by an ordinance adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:

1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of San Bruno.

5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.

7. Acquiring Military Equipment through any means not provided by this section.

B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Livingston Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Livingston Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.
{CW112181.4}
C. In seeking the approval of City Council, the Livingston Police Department shall submit a proposed Military Equipment Use Policy to City Council and make those documents available on the Police Department's internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.

D. The governing body shall consider a proposed Military Equipment Use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.

E. The governing body shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:

1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

F. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.

G. The City Council shall review any ordinance that it has adopted pursuant to this Chapter approving the funding, acquisition, or use of Military Equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act {Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
10-14-6 Use in Exigent Circumstances
A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.

B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:
{CW112181.4}

1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

3. Include the Military Equipment in the Police Department's next annual Military Equipment Report.
10-14-7 Reports on the Use of Controlled Equipment
A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.

B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.

C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:

1. A summary of how the Military Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Military Equipment.

3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.

4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.

5. The quantity possessed for each type of Military Equipment.

6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.

E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual {CW112181.4}
Military Equipment Report has not complied with the standards for approval, the City Councll shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

Enforcement
A. Remedies for Violations of this Ordinance

1. This Chapter does not provide a private right of action upon any person or entity to seek injunctive relief against the City or any employee unless that person or entity has first provided written notice to the City Manager by serving the City Clerk, regarding the specific alleged violations of this Chapter.

2. If a specific alleged violation is not remedied within 90 days of that written notice, a person or entity may seek injunctive relief in a court of competent jurisdiction.

3. If the alleged violation is substantiated and subsequently cured, a notice shall be posted in a conspicuous manner on the City's website that describes, to the extent permissible by law, the corrective measures taken to address the violation.

4. If it is shown that the violation is the result of arbitrary or capricious action by the City or an employee or agent thereof in his or her official capacity, the prevailing complainant in an action for relief may collect from the City reasonable attorney's fees in an amount not to exceed $15,000 if they are personally obligated to pay such fees. 10-14N9 Severability
A. If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter.

B. The City Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

SECTION 2. EFFECTIVE DATE.

This Ordinance shall become effective thirty (30) days after its final passage and adoption.

Introduced: March 15, 2022
Passed and Adopted: __
{CW112181.4}
Juan Aguilar, Jr., Mayor
of the City of Livingston
ATTEST:

State of California)
County of Merced)
City of Livingston)
I, hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 15th day of March, 2022, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this _ day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
{CW112181.4}
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
Policy Livingston Police Department
109 Livingston PD Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code§ 7070):

Governing body-The elected or appointed body that oversees the City.

Military equipment - Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 3051 O and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs ).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Published with permission by Livingston Police Department ***DRAFT1'** Military Equipment - 1 Livingston Police Department
Livingston PD Policy Manual
Military Equipment
709.2 POLICY
It is the policy of the Livingston Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.2.1 COMPLIANCE
The Livingston Police Department will ensure that all Department members comply with this policy. The Livingston Police Department will conduct an annual audit. The Chief of Police or their designee will be notified of any policy violations and, if needed, the violation(s) will be referred to Internal Affairs and handled in accordance with the Livingston Police Department Policy Section 1020.6 - Administrative Investigation Procedures. All instances of non-compliance will be reported to the Livingston City Council as part of the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by sending their question via email to:

1. Via email to: [email protected]

2. Via phone call to: {209) 394-7916

3. Via mail sent to: Livingston Police Department Attn: Military Equipment Use Coordinator 1446 C Street Livingston, CA 94066
709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
{c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Livingston Police Department (Government Code § 7071 ). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website {Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

Published with permission by Livingston Police Department ***DRAFT".,,.,, Military Equipment - 2 Livingston Police Department
Livingston PD Policy Manual
Military Equipment
709.4 MILITARY EQUIPMENT INVENTORY
The Livingston Police Department shall submit an annual military equipment report to the Livingston City Council that addresses each type of military equipment possessed by the Livingston Police Department. The Livingston Police Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. (c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. (f) If the Livingston Police Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. 709.4.1 CATALOGING
All military use equipment kept and maintained by the Livingston Police Department shall be cataloged in a way which addresses each of the following requirements:
(a) The manufacturer's description of the equipment.
(b) The capabilities of the equipment.
(c) The purposes and authorized uses for which the Livingston Police Department proposes to use the equipment.
(d) The expected lifespan of the equipment.
(e) The fiscal impact of the equipment, both initially and for on-going maintenance. (f) The quantity of the equipment, whether maintained or sought. 709.4.2 INVENTORY LIST
The following constitutes a list of qualifying equipment for the Livingston Police Department:

See attachment: LPD MILITARY EQUIPMENT INVENTORY.pdf
709.5 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use Military Equipment that is not included in the Military Equipment Use Policy.

Published with permission by Livingston Police Department ***DRAFT"** Military Equipment - 3 Livingston Police Department
Livingston PD Policy Manual
Military Equipment
If the Police Department acquires, borrows, and/or uses Military Equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
0 0
0 Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
lndude the Military Equipment in the Police Departmenfs next annual Military Equipment Report.
709.6 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071 ). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071 ):
(a) Requesting military equipment made available pursuant to 1 0 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in~kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment fora purpose, in a manner, orby a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
{g) Acquiring military equipment through any means not provided above. 709. 7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.

Published with permission by Livingston Police Department ***DRAFr'** Military Equipment - 4 Livingston Police Department
Livingston PD Policy Manual
Military Equipment
709.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Published with permission by Livingston Police Department ***DRAFP** Military Equipment - 5 Copyright Lexipol, LLC 2022/02/17, AU Rights Reserved.

Published with permission by Livingston Police Department Livingston PD Policy Manual
Attachments
*"""DRAFT"""" Attachments - 6
Attachment
Livingston PD Policy Manual
LPD MILITARY EQUIPMENT INVENTORY.pdf
Copyright Lexipol, LLC 2022/02/17, All Rights Reserved.

Published with permission by Livingston Police Department -*DRAFT1'** LPD MILITARY EQUIPMENT
INVENTORY.pdf- 7

LIVINGSTON POLICE

MILITARY EQUIPMENT INVENTORY LIST
Quantity Owned/Sought: 1 owned lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions.

Manufacturer Product Description:

Mavic Air 2: The DJI Mavic Air 2 features omnidirectional Vision Systems without Infrared Sensing. The Mavic Air 2 comes with a fully stabilized 3-axis lens capable of shooting 4k videos and 12 mega pixel photos. DJI signature technologies such as obstacle Sensing and the Advanced Pilot Assistance System, help you capture complex shots effortlessly. Additional features like the built in AirSense make you aware of your surrounding airspace, and password protection helps you maintain secure access to your aircraft and protect your data. The Mavic Air 2 has a maximum flight speed of 44.7 mph and a maximum flight time of 31 minutes.

Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department's mission of protecting lives and property when other means and resources are not available or are less effective.

Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; legally authorized surveillance.

Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $1400 which was funded with the police department's small tools budget. Ongoing cost associated with UAS operation and maintenance is estimated to be approximately $200 per year.

Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot Training.

Other Notes: None.

Quantity Owned/Sought: 1 owned lifespan: Approximately 15 years Equipment Capabilities: The 37mm less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber projectiles.

Manufacturer Product Description: Penn Arms 37MM launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum and DuPont super tough glass filled nylon.

These launchers are light weight, versatile and used worldwide by police and corrections officers. The 37MM launcher family of products is available in single-shot, spring-advance multi, and pumpadvance multi-versions.

Purpose/Authorized Uses: The 37mm Less lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option.

Fiscal Impacts: The initial cost of this equipment was approximately $800.00. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Livingston Police Department Policies on Use of Force and Crowd Control.

Training Required: Officers must complete a department certified 37mm course as well as regular training and qualifications as required by law and policy.

Other Notes: None.

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Sweet Potato Festival Carnival Contract for 2022
April 5, 2022
Jacquelyn Benoit, Recreation Superintendent
Vanessa Portillo, City Manager
RECOMMENDATION:

Approve a resolution authorizing the City Manager to sign a contract with Brass Ring Amusements Inc. for carnival events.

BACKGROUND AND DISCUSSION:

In January of 2022, the Recreation Department was informed that Paul Maurer Carnival, long time carnival ride provider, would no longer be able to service Livingston.

Carnival ride companies were severely impacted by the pandemic which makes it difficult to find servicers around the area. Through collaboration with Merced County's Sheriff Department, Recreation staff was able to connect with Los Banos Fair Grounds and several carnival ride companies were recommended to us. Staff reached to the companies some were no longer in service or did not receive a reply. Brass Ring Amusements Inc. was contacted and responded quickly. Brass Ring Amusements Inc. is located in Fair Oaks and has availability to include our Sweet Potato Festival in their yearly route.

FISCAL IMPACT:

The carnival income enables entry to the festival event to be free of charge.

ATTACHMENTS:
1 . Resolution

2. Contract
I
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON TO APPROVE A CONTRACT WITH BRASS RING AMUSEMENTS INC.

FOR THE 2022 SWEET POTATO FESTIVAL.

WHEREAS, as of January 30, 2022, the Recreation Department was informed that Paul Maurer Carnival, long time carnival ride provider, would no longer be able to service Livingston; and
WHEREAS, the carnival is an important part of the Sweet Potato Festival as the income allows the Recreation Department to keep admission to the festival free of charge; and WHEREAS, Carnival ride companies were severely impacted by the pandemic which makes it difficult to find servicers around the area; and WHEREAS, Brass Ring Amusements Inc. has availability to add the Sweet Potato Festival in their yearly schedule; and
WHEREAS, the terms of the contract are similar to the contract with the previous carnival company and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston does hereby approve the contract between Brass Ring Amusements Inc. and the City of Livingston.

Passed and adopted this 5th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Juan Aguilar Jr, Mayor
of the City of Livingston
I hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 5th day of April, 2022.
1 Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
BRA 7)
l'!IIDWflT Of FUN

CARNIVAL CONTRACT
THIS AGREEMENT made and entered into this 4th day of March, 2022 by and between BRASS RING AMUSEMENTS INC., a California corporation, hereinafter called" MIDWAY" and SWEET POTATO FESTIVAL of Livingston, California, hereinafter called "SPONSOR".

In consideration of the covenant and considerations contained herein, and other good and valuable consideration, the parties hereto agree to as follows:

1. TERM. SPONSOR shall sponsor MlDWA Y in an exhibition of those rides listed in item 4 below for a period of four days, from Thursday, October 29th 2022 through and including Sunday, November 2nd 2022. The lot dates will be Monday, October 26th 2022 through Monday, November 3rd 2022.

2. LOCATION. Pursuant to its sponsorship, SPONSOR has obtained and is giving written permission from the owners of the real property described below for Midway's use of a suitable location and exhibition site for all activities commonly carried on by MIDWAY. Such real property shall be properly zoned for Midway's operations. If need be, SPONSOR shall arrange for free gate admission for all MIDW A Y's employees. Said real property is described as 2600 Walnut Ave, Livingston, California 95334.

3. EXPENSES. MIDWAY shall obtain and pay for all permits, licenses, and other local amusements taxes, or use fees which MIDWAY may be required to obtain or pay for, to carry on any and all of Midway's operations in connections with this exhibition sponsored by the city of Livingston. MIDWAY shall obtain and pay for portable restroom facilities. SPONSOR shall obtain and pay for trash removal and security. MJDW A Y shall furnish the necessary electricity for the carnival and SPONSOR shall furnish drinkable water for the food concessions.

4. OPERATION. MIDWAY shall manage and operate approximately FIFTEEN AMUSEMENT RIDES, SIX GAME CONCESSIONS AND TWO FOOD CONCESSION at the above named location. The exhibition shall be in operation by 4 pm on Thursday, October 29th. Ticket sales and the cost therewith, shall be the responsibility of MIDWAY. MIDWAY shall have exclusive control of the management and operation of all rides, games and food concessions owned by Brass Ring Amusements, Inc.

5. PAYMENT. MIDWAY shall pay the SPONSOR TWENTY PERCENT (20%) of the total gross ride receipt from the ticket sales. ADVANCE SALE RIDE COUPONS are to be sold by the SPONSOR prior to the opening date and SPONSOR shall retain TWENTY PERCENT (20%) This payment along with ticket report will be available to the SPONSOR one hour after the conclusion of the carnival exhibition. If the report and the monies are not picked up by the SPONSOR at that time they will be mailed the following week.

Page Two

6. INSURANCE. MIDWAY shall maintain for the period specified in item 1 above public liability, property damage and workers' compensation insurance relation to the operation of said exhibition. Said public liability insurance shall have a $5,000,000.00 combined single limit. All principals, agents, and employees of SPONSOR shall be named as co-insured, and MIDWAY shaJ! provide certificates of insurance upon request.

7. CLEAN-UP. The responsibility of clean-up shall include a thorough clean-up of the carnival area on a regular basis, but in no event less than once every day at closing time by MIDWAY. MIDWAY will also provide a sweeping service on the Monday following close.

8. EXCLUSIVITY. The SPONSOR shall not book or sponsor, directly or indirectly, any other show, exhibition, amusement, midway, concession, or attraction of similar nature to Midway's operations at any time during the period beginning sixty days prior to the first day of the period specified in item 1 above and ending thirty days after the last day of the said period. SPONSOR shall also take all reasonable steps to prevent any other shows, exhibits, amusement, concessions, midways, or attractions from exhibiting, playing or operating within a reasonable radius of the location specified in item l above during the period set forth above in this paragraph.

9. LIMITED LIABILITY. SPONSOR shall not hold MIDWAY liable for any damages or responsible in any way if MIDWAY is prevented from exhibiting, playing or operating any of said exhibitions by reason of God, riot, strike, fire, weather, illness, war, lockouts, energy shortages, labor shortages, or illegality.

10. MIDWAY shall indemnify, defend, and hold SPONSOR harmless from any and all liability resulting from the construction, take-down and operation of the rides.

11. ATTORNEY FEES. In the event a legal action is instituted by reason of breach of this Carnival Contract, the party whose favor final judgment is entered shall be entitled to recover from the other party reasonable attorney fees as fixed by the court entering the final judgment.

12. CANCELLATION. MIDWAY primary business is fairs. Due to the fluctuation in fair dates, MIDWAY reserves the right to cancel this Carnival Contract by giving SPONSOR a written notice sixty (60) days prior to the date of this event.

Executed in duplicate the day and the year first herein above written, at Sacramento, California, by:

BRASS RING AMUSEMENTS INC.

JENNIFER L. MASON

GENERAL AGENT
9700 FAIR OAKS BL VD, SUITE J
FAIR OAKS, CA 95628

SWEET POTATO FESTIVAL

VANESSA PORTILLO

CITY MANAGER
1416 C STREET
LIVINGSTON, CA 95334
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

RECOMMENDATION

STAFF REPORT
Adopt a Resolution Approving a Contract with JHC LLC to Assist with the Maintenance of Recycling Programs
April 5, 2022
Vanessa Portillo, City Manager
Staff recommends that the City Council adopt a Resolution approving a contract with JHC LLC to assist with the maintenance of recycling programs and authorize the City Manager to execute related agreement.

BACKGROUND/DISCUSSION
The City of Livingston contracts with consultants to provide technical assistance for various grants and/or new legislation. JHC LLC held a contract with the City to provide assistance with solid waste, recycling, and organics recycling programs. JHC's contract expired on December 2020. A new proposal was submitted in March 2021 to continue the efforts related with recycling and the implementation of SB-1383 along with budgeting funds for professional services in Fiscal Year 2021/22; however, a contract was not brought to Council for approval.

JHC has continued to assist the City with SB-1383 compliance efforts and grant submittals for additional help from State funds.

JHC has submitted a revised proposal to continue to provide assistance with the City's recycling programs through June 30, 2024. The contract amount for the three (3) years will not exceed $20 thousand through the life of the contract. In addition, CalRecycle OWR-1 grant funds can be used to offset SB-1383 related activities provided by the consultant.

The City of Livingston's Municipal Code Title 1: Administrative, Chapter 11: Purchase Policies and Procedures, Section 1-1-1 O: Exempt from Bidding, exempts the City from bidding requirements for the contract of professional or specialized skills.

FISCAL IMPACT
The recruitment outreach cost will be covered through salary savings from vacant positions in the City. The Finance Department will make the necessary adjustments between salary and contracted services expense accounts in the Fiscal Year 2021/22 Budget.

ATTACHMENTS

1. Resolution of the City Council of the City of Livingston Approving a Contract with JHC LLC to Assist with the Maintenance of Recycling Programs

2. Professional Service Agreement

Page 1 of 2 ends

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

APPROVING A CONTRACT WITH JHC LLC TO ASSIST WITH THE MAINTENANCE

OF RECYCLING PROGRAMS
WHEREAS, City contracts with consultants to provide technical assistance for various grants and/or new legislation; and
WHEREAS, City of Livingston’s Municipal Code Title 1: Administrative, Chapter 11:

Purchase Policies and Procedures, Section 1-1-10: Exempt from Bidding, exempts the City from bidding requirements for the contract of professional or specialized skills such as recruitment services; and
WHEREAS, City staff recommends JHC LLC to provide assistance with recycling programs as well as the implementation of SB-1383; and
WHEREAS, JHC LLC services are estimated to not exceed $20 thousand through June 30, 2024; and
WHEREAS, the Finance Department will make the necessary adjustments the Fiscal Year 2021/22 and future budgets to incorporate these costs; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVINGSTON, THAT:

1. The above recitals are true and correct.

2. The City Manager of the City of Livingston is authorized to execute the agreement and any and all documents necessary to effectuate the work on behalf of the City.

3. This resolution is effective immediately upon adoption.

Passed and adopted this 5th day of April, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Juan Aguilar Jr., Mayor
of the City of Livingston

Page 2 of 2 ends

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 5th day of April, 2022.
__________________________________
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF

LIVINGSTON AND JHC LLC DBA RESOURCEABILITY
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is by and between JHC LLC DBA RESOURCEABILITY ("CONSULTANT"), and the CITY of LIVINGSTON, a California municipal corporation ("CITY"), on this 1st day of July, 2021 (the "Effective Date"). CITY and CONSUL TANT may be collectively referred to herein as the "Parties" or individually as "Party." There are no other parties to this Agreement.

RECITALS
WHEREAS, CITY seeks to hire an independent contractor to perform professional services to assist CITY with maintaining current solid waste, recycling and organics recycling programs, including activities related to AB341 and AB1826. They will assist in implementing the City's SB1383 Programs, report AB 341, AB1826, and SB 1383 information to the City to forward to CalRecycle; and
WHEREAS, CONSUL TANT has made a proposal to CITY to provide such professional services. A description of the services CONSUL TANT proposes to provide is included in the Service Proposal in Exhibit A, attached hereto and incorporated herein by this reference (the "Services"); and
WHEREAS, CITY desires to retain CONSULTANT to perform the Services, subject to the terms and conditions set forth in this Agreement; and WHEREAS, the Parties have outlined the rates and method of payment to CONSUL TANT for its performance of the Services under this Agreement ("Budget"), which shall be included in the Service Proposal in Exhibit A.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, CONSUL TANT and the CITY agree as follows:

AGREEMENT
(1) Recitals. The recitals set forth above ("Recitals") are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 28 of this Agreement, Sections 1 through 28 shall prevail.
(2) Term. The term of this Agreement shall commence on the Effective Date of July 1, 2021 and terminate on the 30th day of June, 2024 ("Term") unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.
{CW107636.6) Page1of18
Professional Services Agreement
City of Livingston and
JHC LLC OBA Resourceability
{CW107636.6}
(3) Extension of Agreement. CITY may elect to extend this Agreement for two (2) additional one (1) - year terms, on the same terms and conditions, upon issuing an "Election to Extend Agreement" letter executed by the CITY Manager to CONSUL TANT thirty (30) calendar days prior to the expiration of this Agreement. (4) Work.
(4.1) Services. Subject to the terms and conditions set forth in this Agreement, CONSUL TANT shall provide the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services ("Modification" or "Modifications"). CONSUL TANT shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
(4.2) CITY Requested Modification of Services. CITY may, by written order, authorize Modifications to the Services described in Exhibit A. If such Modifications cause an increase in the cost or time required for performance of CONSUL TANT's Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the Compensation Schedule, if necessary. The Services or Compensation Schedule shall not be revised unless CITY and CONSUL TANT mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, or such other terms or conditions mutually agreed upon by the Parties. (4.3) CONSULTANT Requested Modification of Services.

CONSUL TANT shall not be compensated for work outside the Services described in Exhibit A, unless, prior to the commencement of the Services:
{CW107636.6)
(i) CONSUL TANT provides CITY with written notice that specific work requested by CITY or required to complete
CONSUL TANT's obligations under this Agreement is outside the agreed upon Services. Such notice shall: (1) be supported by substantial evidence that the work is outside the Services; (2) set forth CONSUL TANT's proposed course of action for completing the work and a specific request for CITY to approve the Modification to the Services; and (3) set forth
CONSUL TANT's proposed revisions, if any, to the
Compensation Schedule; and
(ii) CITY agrees that the work requires a Modification; and (iii) CITY approves all adjustments, if any, to the Compensation Schedule; and
(iv) The Parties execute a written amendment to this Agreement describing any Modification, together with any adjustment in the

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Professional Services Agreement
City of Livingston and
JHC LLC OBA Resourceability
{CW107636.6)
Compensation Schedule for CONSUL TANT's work.

Compensation for any additional Services shall not exceed Twenty Thousand Dollars ($20,000) per the duration of
contract.
(5) Compensation.
(5.1) Amount, Time, and Manner of Payment for CONSULTANT Services. CITY shall pay CONSUL TANT according to the rates and timing set forth in the Compensation Schedule. CITY's total compensation to CONSUL TANT shall not exceed Twenty Thousand ($20,000) per the duration of the contract ("Maximum Payment"), unless the Parties mutually agree in writing otherwise. (5.2) Invoices. CONSULTANT shall provide CITY with monthly invoices sufficiently evidencing CONSUL TANT's expenses and completion of the Services. All invoices furnished to CITY by CONSUL TANT shall be in a form approved by CITY. The payments specified shall be the only payments made to CONSUL TANT for performance of the Services, including compensation for any Modification. CONSULTANT shall submit all billings for Services to CITY within forty-five (45) days of the performance of such Services. In the event that an amount of an invoice is in dispute, CITY shall inform CONSUL TANT of the amount and basis for the dispute within thirty (30) days of the date of the invoice and may withhold the amount which is in dispute until the dispute has been resolved. Any amounts timely disputed by CITY shall not be subject to late penalties or interest. The granting of any progress payment by CITY, or the receipt thereof by CONSUL TANT, or any inspection, review, approval or oral statement by any representative of CITY, or state certification, shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of CONSUL TANT to re-perform or replace unsatisfactory Service, including, but not limited to, cases where the unsatisfactory character of such Service may not have been apparent or detected at the time of such payment, inspection, review, or approval. (6) CITY Assistance to CONSUL TANT. CONSULTANT shall, at its sole cost and expense, furnish all facilities, equipment, materials, information, personnel and administrative assistance which may be required to perform its obligations under this Agreement. Notwithstanding the foregoing, CITY shall cooperate with CONSUL TANT and shall not actively interfere with CONSUL TANT's performance of Services under this Agreement.
(7) Independent Contractor Status It is expressly understood and agreed by both parties that CONSUL TANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of CITY. As an independent contractor, CONSUL TANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit A to CITY's satisfaction. CONSUL TANT expressly warrants not to represent, at any time or in any manner, that CONSUL TANT is an employee of the CITY. CONSUL TANT shall {CW107636.6) Page 3 of 18
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be liable for its acts and om1ss1ons, and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency, or partnership relationship between CITY and CONSULTANT.
(8) CONSULTANT Not Agent. Except as CITY may specify in writing, CONSUL TANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONSUL TANT shall have no authority, express or implied, pursuant to this Agreement to bind CITY to any obligation whatsoever. (9) Time and Personnel Devoted to Services
CONSUL TANT shall devote such time and personnel to the performance of this Agreement, as is necessary to perform the Services in compliance with this Agreement.

CONSULTANT shall assign only qualified, competent personnel to perform services pursuant to this Agreement, under the supervision and direct employment of CONSUL TANT. CONSUL TANT will conform with CITY's reasonable requests regarding assignment of personnel, but all personnel, including those assigned at CITY's request, shall be supervised by CONSUL TANT. CONSUL TANT is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by CITY in writing.
(10) Assignment and Subcontracting It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSUL TANT. Neither this Agreement nor any interest therein may be assigned by CONSUL TANT without the prior written approval of CITY'S authorized representative.

CONSUL TANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY'S authorized representative. (11) Representations of CONSULTANT. CITY relies upon the following representations by CONSUL TANT in entering into this Agreement:
(11.1) Qualifications. CONSULTANT represents that it is qualified to perform the Services provided in Exhibit A and that it possesses the necessary licenses, permits required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. CONSULTANT shall also ensure that all subcontractors are similarly licensed and qualified. CONSUL TANT and all subcontractors shall also obtain a business license from CITY before they commence performance of the Services. CONSUL TANT represents and warrants to CITY that CONSUL TANT shall, at CONSUL TANT's sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and approvals which {CW107636.6} Page 4 of 18
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are legally required for CONSUL TANT to practice CONSUL TANT's profession at the time the Services are rendered.
(11.2) CONSULTANT Performance. CONSULTANT represents and warrants that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by specialists in the Services to be provided.

CONSUL TANT shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted professional customs, procedures and standards for such Services. All work or products completed by CONSUL TANT shall be completed using the best practices available for the profession and shall be free from any defects. CONSUL TANT agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, CONSULTANT shall re-perform or replace unsatisfactory Service at no additional expense to CITY. (11.3) No Waiver of Claims. The granting of any progress payment by CITY, or the receipt thereof by CONSUL TANT, or any inspection, review, approval or oral statement by any representative of CITY, or state certification, shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of CONSUL TANT to re-perform or replace unsatisfactory Service, including but not limited to cases where the unsatisfactory character of such Service may not have been apparent or detected at the time of such payment, inspection, review or approval.
(11.4) CITY's Remedies are Cumulative. Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY, whether under this Agreement or applicable law, shall be cumulative.
(11.5) No Conflict of Interest. CONSUL TANT represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.
(12) Conformity with Law and Safety. CONSULTANT shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the American with Disabilities Act, any copyright, patent or trademark law and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by CONSULTANT must be in accordance with these laws, ordinances, codes and {CW107636.6} Page 5 of 18
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regulations. CONSUL TANT's failure to comply with any laws, ordinances, codes or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.

If a death, serious personal inJury or substantial property damage occurs in connection with the performance of this Agreement, CONSULTANT shall immediately notify the CITY's risk manager by telephone. If any accident occurs in connection with this Agreement, CONSUL TANT shall promptly submit a written report to CITY, in such form as the CITY may require. This report shall include the following information: (a) name and address of the injured or deceased person(s); (b) name and address of CONSUL TANT's subcontractor, if any; (c) name and address of CONSUL TANT's liability insurance carrier; and (d) a detailed description of the accident, including whether any of CITY's equipment, tools or materials were involved.

If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, CONSUL TANT shall immediately notify CITY.

CONSUL TANT shall not store hazardous materials or hazardous waste within the CITY limits without a proper permit from CITY.
(13) Contact by CONSUL TANT with Project Owners or Applicants. Unless otherwise set forth in the Services, neither CONSUL TANT nor CONSUL TANT's subcontractors shall directly contact the owner of the property involved in any project or any party who is the applicant for any project ("Interested Party"), or an employee or contractor of an Interested Party, on any matter relating to any project without the prior consent of the City Manager. In no event shall CONSUL TANT take any instructions or directions from an Interested Party, on any matter pertaining to the CONSULTANT's Services to be performed for CITY under this Agreement. (14) Ownership of Work Product Any and all work, copy, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, consultant or technical information or data, photographs, notes, letters, emails or any original works of authorship created by CONSUL TANT or its subcontractors, or subcontractors in connection with Services performed under this Agreement ("Products"), shall be, upon payment to CONSUL TANT, the property of CITY including any and all Products deemed works for hire or copyrights under title 17 of the United States Code. In the event it is ever determined that any Product created by CONSUL TANT or its subcontractors, or subcontractors under this Agreement, are not works for hire under U.S. law, CONSUL TANT hereby assigns all copyrights to such Products to CITY. With the prior written approval of CITY's point of contact for the Project, CONSUL TANT may retain and use copies of such Products for reference and as documentation of its experience and capabilities.

All Products shall, upon payment to CONSUL TANT, become the property of CITY, irrespective of where located or stored, and CONSUL TANT agrees to deliver all such {CW107636.6} Page 6 of 18
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{CW107636.6)
documents and information to CITY, without charge and in whatever form it exists, on the completion of the CONSULTANT's services hereunder and upon payment to CONSUL TANT. CONSUL TANT shall have no ownership interest in such Products, except to the extent of any pre-existing intellectual property of CONSUL TANT, or its consultants, that may be part of such Products. CONSULTANT and its consultants shall grant CITY a nonexclusive license to use such pre-existing intellectual property for the purposes contemplated under this Agreement.

All work product of CONSUL TANT under this Agreement, including written information which CITY will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to CITY in both printed and electronic form.

When this Agreement is terminated, CONSUL TANT agrees to return to CITY all documents, drawings, photographs and other written or graphic material, however produced, that it received from CITY, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.
(15) Confidentjaljty. CONSULTANT understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, CONSULTANT may have access to private or confidential information that may be owned or controlled by CITY and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to CITY ("Confidential Information").

CONSUL TANT shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of CITY. If CITY gives CONSULTANT written authorization to make any such disclosure, CONSULTANT shall do so only within the limits and to the extent of that authorization. CONSUL TANT may be directed or advised by the CITY Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project, and in such event, CONSUL TANT agrees that it will treat all communications between itself, its employees, and its subcontractors as being communications which are within the attorney-client privilege.
(16) Non-Discrimination. In its performance of the Services, CONSUL TANT shall adhere to CITY's EEO Policy which states, 'The City is committed to ensuring that all qualified individuals have a full and fair opportunity to compete in all phase of the hiring process and promotion, and to enjoy the benefits of employment with the City. All employees and applicants shall receive equal consideration and treatment in employment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran in accordance with applicable federal or state statutes, the City's ordinances, resolutions, rules or regulations."
{CW107636.6) Page 7 of 18
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{CW107636.6}
In addition, all agreements with sub-contractors will include language as required by the Office of Federal Contract Compliance Programs (OFCCP) that requires subcontractors to maintain equal employment opportunity policies and, as necessary, affirmative action policies.
(17) Insurance. At all times during the Term of this Agreement, CONSUL TANT, at its own cost and expense, shall maintain, and provide proof thereof, the insurance specified in this Section 17 with insurers with a current A M Best's rating of no less than A VII. CONSUL TANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSUL TANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
(17.1) Workers' Compensation. CONSULTANT shall, at
CONSULTANT'S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by CONSUL TANT. Said Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than one million dollars ($1,000,000) per occurrence. In the alternative, CONSUL TANT may rely on a self-insurance program to meet these requirements provided that the program of selfinsurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSUL TANT, if a program of self-insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
(17.2) Commercial General and Automobile Liability Insurance.

CONSULTANT, at CONSULTANT'S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) and Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (any auto). {CW107636.6) Page 8 of 18
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{CW107636.6)
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
(i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSUL TANT, including the insider's general supervision of CONSUL TANT; products and completed operations of
CONSUL TANT; premises owned, occupied or used by
CONSUL TANT. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
(ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
(iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. (iv) Any failure of CONSUL TANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. (v) Notice of cancellation or non-renewal must be received by CITY at least thirty days prior to such change.
(17.3) CONSULTANT Liability. CONSUL TANT, at CONSULTANT'S own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than Two Million Dollars ($2,000,000) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
{CW107636.6)
(i) Any deductible or self-insured retention shall not exceed $150,000 per claim.
(ii) Notice of cancellation, material change, or non-renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
(iii) The policy must contain a cross liability or severability of interest clause.

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Professional Services Agreement
City of Livingston and
JHC LLC DBA Resourceability
{CW107636.6)
(iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:

1. The retroactive date of the policy must be shown and must be before the date of the Agreement.

2. Insurance must be maintained and evidence of
insurance must be provided for at least five years after completion of the Agreement or the work, so long as
commercially available at reasonable rates.

3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a
retroactive date that precedes the date of this
Agreement, CONSUL TANT must provide extended
reporting coverage for a minimum of five years after
completion of the Agreement or the work.

The CITY shall have the right to exercise at the
CONSULTANT'S cost, any extended reporting
provisions of the policy should the CONSULTANT
cancel or not renew the coverage.

A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.
(17.4) Deductibles and Self-Insured Retentions. CONSUL TANT shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY's authorized representative, CONSUL TANT may increase such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY's authorized representative may condition approval of an increase in deductible or self-insured retention levels upon a requirement that CONSUL TANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
(17.5) Notice of Reduction in Coverage. In the event that any coverage required under subsections (a), (b), or (c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSUL TANT shall provide written notice to CITY at CONSULTANT'S earliest possible opportunity and in no case later than five days after CONSUL TANT is notified of the change in coverage. (17.6) In addition to any other remedies CITY may have if CONSUL TANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
{CW107636.6) Page 10 of 18
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{CW107636.6)
(i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
(ii) Order CONSUL TANT to stop work under this Agreement or withhold any payment which becomes due to CONSUL TANT
hereunder, or both stop work and withhold any payment, until CONSUL TANT demonstrates compliance with the
requirements hereof; or
(iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT'S breach.
(18) Indemnification - CONSULTANT'S Responsibility To the fullest extent permitted by law (including, but not limited to, California Civil Code sections 2782 and 2782.8), CONSUL TANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, or loss of life of any person, employee, consultant, or its subcontractors, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSUL TANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSUL TANT to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSUL TANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

With respect to third party claims against CONSUL TANT, CONSUL TANT waives any and all rights of any type of express or implied indemnity against CITY and CITY's Agents. As applied to claims based on CONSUL TANT's liability and notwithstanding the above or anything else in this Agreement, CONSUL TANT has no obligation to pay for any defense related costs prior to a final determination of its liability. Following any such determination of its liability, CONSUL TANT shall be responsible to pay any amount of such costs equal to the finally determined percentage of liability based upon the comparative fault of CONSUL TANT.
{CW107636.6) Page 11 of 18
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(19) Liability of CITY. Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement. (20) Licenses If a license of any kind, which term is intended to include evidence of registration, is required of CONSUL TANT, its employees, agents, or subcontractors by federal or state law, CONSUL TANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations. (21) Payment of Taxes and Other Expenses. Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of CONSUL TANT. (22) Business Licenses
CONSUL TANT shall obtain and maintain a CITY Business License until all Agreement services are rendered and accepted by the CITY. (23) Termination Either CITY or CONSUL TANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSUL TANT shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT'S delivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.
(24) Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If CITY cancels this Agreement for breach and it is subsequently determined that CONSUL TANT did not fail to substantially perform its obligations in accordance with this Agreement, then cancellation for breach by CITY shall be deemed, and treated, as termination for convenience.

Neither Party waives the right to recover damages against the other for breach of this Agreement including any amount necessary to compensate CITY for all detriment proximately caused by CONSUL TANT's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. CITY reserves the right to offset such damages against any payments owed to CONSUL TANT. {CW107636.6} Page 12 of 18
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CITY shall not in any manner be liable for CONSUL TANT's actual or projected lost profits had CONSUL TANT completed the Services required by this Agreement. (25) Arbitration of Disputes. All claims, disputes and other matters in question between CITY and CONSUL TANT arising out of, or relating to this Agreement or the breach thereof, including claims of CONSUL TANT for extra compensation for Services related to the Project shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 to 1284.2 of the California Code of Civil Procedure (the "Arbitration Laws") unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in this Agreement. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay and liquidated damages, if any, provided for in this Agreement, matters involving defects in the work product of CONSUL TANT, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

Notice of the demand for arbitration shall be filed in writing with the other Party.

The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitation.

The Parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving of the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Solano County in accordance with the Arbitration Laws.

If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.

In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
{CW107636.6)
(i) Promptly upon the filing of the arbitration each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law.

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(ii) All parties to the arbitration shall be entitled to the discovery procedures as provided in Section 1283.05 of the California Code of Civil Procedure.
(iii) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein.
(iv) These additional rules shall be implemented and applied by the arbitrator.

The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney's fees associated with the dispute with the other Party and to the arbitration.
(26) Funding. CONSUL TANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII (B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years. (27) Notices. Any notice or communication required hereunder between CITY and CONSUL TANT must be in writing, and may be given either personally, by electronic mail transmission ("email") (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed.

If given by email, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party's email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail.

If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
{CW107636.6} Page 14 of 18
Professional Services Agreement
City of Livingston and
JHC LLC DBA Resourceability
{CW107636.6)
To CITY:

Copy to:

City of Livingston
Attn: City Manager
1416 C Street
Livingston, CA 95334
Email: ---------
JHC LLC OBA Resourceability
P.O. Box 1066
Merced, CA 95341
Attn: Jennifer Halpin
To CONSUL TANT: JHC LLC OBA Resourceability
P.O. Box 1066
Merced, CA 95341
Attn: Jennifer Halpin
(28) Miscellaneous.
(28.1) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. (28.2) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California. (28.3) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority. Such events include but are not limited to riots, wars, sabotage, civil disturbances, insurrections, explosions, epidemics, pandemics, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances, or other catastrophic events, which are beyond the reasonable control of CONSUL TANT. Force Majeure does not include: (a} CONSUL TANT's financial inability to perform; (b) CONSUL TANT's failure to obtain any necessary permits or licenses from other governmental agencies; or (c) CONSUL TANT's failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of CONSULTANT.
(28.4) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
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Professional Services Agreement
City of Livingston and
JHC LLC OBA Resourceability
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(28.5) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
(28.6) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
(28.7) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
(28.8) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
(28.9) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Merced.
(28.1 O) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney's fees, incurred or expended in connection with such action against the non-prevailing party. (28.11) Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement. (28.12) Mandatory and Permissive. "Shall" and "will" and "agrees" are mandatory. "May" and "can" are permissive.
(28.13) Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSUL TANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
[Signatures on Following Page]
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Professional Services Agreement
City of Livingston and
JHC LLC DBA Resourceability
{CW107636.6)
Approved as to Form:

CITY
By:

CONSULTANT:
{CW107636.6}
CITY of LIVINGSTON
CITY Attorney
Thomas P. Hallinan
CITY of LIVINGSTON,
Date
a California municipal corporation
Vanessa Portillo
City Manager

JHC LLC
DBA Resourceability
Signature
Jennifer Halpin

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Date
Date
Professional Services Agreement
City of Livingston and
JHC LLC OBA Resourceability
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EXHIBIT A
Scope of Services
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Professional Services Agreement
City of Livingston and
JHC LLC OBA Resourceability
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G)
e
e

JHC LLC
DBA Resourceability
Attn: Jennifer Halpin
PO Box 1066
Merced, CA 95341-1066
Main: (209) 761-1004
Office: (209) 431-0806
[email protected]
www.halpinrecyc ling.com

SERVICE PROPOSAL
Presented to: City of Livingston City Manager Vanessa Portillo From: Jennifer Halpin, Consultant Date: 3/8/2022

XPERIENCE
l?rincipal Consultant Jennifer Halpin has worked in the solid waste/recycling industry since 2006; thirteen years of which was for local and regional government agencies in positions involving public education, outreach, program development/management, grant administration, reporting duties and collaboration with: haulers, facilities, businesses, residents, member jurisdictions and ones within the surrounding areas, and the California Department of Resources Recycling and Recovery (Cal Recycle).

From that experience, Resourceability was created to offer assistance to Central Valley municipalities and businesses that feel overwhelmed with the amount of work involved in meeting State recycling requirements, and to provide solutions that fit into the larger picture of how each client functions.

SERVICE PRDPDSAL
• Assist City of Livingston's Public Works Department in maintaining current solid waste, recycling and organics recycling programs within the City of Livingston, including activities related to Mandatory Commercial Recycling (AB341) and Mandatory Organics Recycling (AB1826); • Assist and help implement the City's SB 1383 (Short-Lived Climate Pollutants) Program, including the creation of public education pieces, guidance on which information is to be included in the City's Implementation Record, establishment of an Edible Food Recovery Program, assisting with inspections (if needed) of residential/commercial generators and Tier 1/Tier 2 Food Generators, and assisting with other requirements related to SB 1383 implementation.
• Report AB 341, AB 1826 and SB 1383 information to t he City to forward to CalRecycle; and
• Other program assistance the City may need, such as assisting with grant submittals and reporting, and assistance in coordinating recycling events.

BUDGET
Estimated amount oftime needed to complete duties and requirements will vary based on existing programs and level of enforcement/inspections needed.

Budget will not exceed $20,000 between present- June 30, 2024. (Pie e note:

Ca/Recycle OWR-1 grant funds can be used to cover 581383-related a tivities.) Invoices to be sent monthly with activity descriptions and tl'ie follow, Principal Consultant: $115.50 per hour I Assistant: ~9 per hour (if applica {Work time rounded to the nearest half hour;,hour-/y_ rote to ncrease 5% beginning on July 1, 2022, and at the start of every subsequent fiscal yea ther after, if applicable.) AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
FIRST READING AND INTRODUCTION OF ORDINANCE NO. __ ,
AMENDING CHAPTER 2 WASTES AND RECYCLABLE MATERIALS
OF TITLE 8 OF THE LIVINGSTON MUNICIPAL CODE, ADDING
LEGISLATION RELATED TO CALIFORNIA SB 1383 (LARA, 2016), TO REDUCE ORGANIC WASTE AND METHANE EMISSIONS OF SHORTLIVED CLIMATE POLLUTANTS April 5, 2022
Jennifer Halpin, Consultant
Vanessa Portillo, City Manager
RECOMMENDATION:

Staff recommends that the City Council take the following action:

1. Have its First Reading and introduction of Ordinance No. __ , amending Chapter 2 of Title 8 within the current Livingston Municipal Code titled "Wastes and Recyclable Materials," establishing the requirements of California Senate Bill 1383 Statewide Effort to Reduce Emissions of Short-Lived Climate Pollutants.

BACKGROUND:

The California Department of Resources Recycling and Recovery (CalRecycle), in consultation with the California Air Resources Board, has adopted regulatory requirements ("Regulations"), consistent with the mandate of Senate Bill 1383, that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020, and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.

The implementation of SB 1383 and associated solid waste regulations bring significant policy and legal implications for local governments. In addition, the legislation establishes strict deadlines for compliance over the course of the next four years. One of these requirements is that the City must adopt an ordinance to enforce and comply with solid waste legislation by January 1, 2022. Unfortunately, an ordinance was not able to be adopted by that date; however, the City would like to have an ordinance adopted by June 2022.

ANALYSIS:

The proposed, attached ordinance ("Ordinance") establishes the requirements of the SB 1383 Regulations and would add to or amend current sections of Livingston Municipal Code under Chapter 2 "Wastes and Recyclables Materials" of Title 8 "Health and Sanitation", including (but not limited to):
(CWI 12178.4} Page 1 of 2

1. Definitions,

2. Updated requirements for single-family, multi-family and commercial locations,

3. Updated requirements for franchise collectors and any self-haulers,

4. Designation of organic and non-organic collection containers,

5. Waivers,

6. Edible food recovery program and requirements,

7. Compliance with Model Water Efficient Landscaping requirements,

8. Procurement requirements regarding paper and recovered materials, and

9. Enforcement of the requirements.

The second reading of the Ordinance will return to Council on April 19, 2022, with an effective date of May 19, 2022.

FISCAL IMPACT
No budget adjustment is required to amend the Ordinance.

ATTACHMENTS

1. Ordinance No.--~ Amendment to Title 8, Chapter 2 "Wastes and Recyclable Materials" of the Livingston Municipal Code, Adding Legislation Related to California SB 1383 (Lara, 2016)
(CW! 12178.4) Page 2 of3
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING TITLE 8, CHAPTER 2 "WASTES AND RECYCLABLE MATERIALS" OF THE LIVINGSTON

MUNICIPAL CODE, ADDING LEGISLATION RELATED TO STATE OF CALIFORNIA METHANE EMISSIONS REDUCTION TARGETS (SB 1383 LARA, CHAPTER 395, STATUTES OF 2016) IN A STATEWIDE EFFORT TO REDUCE ORGANIC WASTE AND

EMISSIONS OF SHORT-LIVED CLIMATE POLLUTANTS (SLCP)
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and WHEREAS. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and MultiFamily property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires jurisdictions to implement a Mandatory Commercial Recycling program; and
WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires jurisdictions to implement a Mandatory Commercial Organics Recycling program; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations.

THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:
{CW112614.6) -1-
SECTION 1. AMENDMENT. Chapter 2, Wastes and Recyclable Materials, of Title 8, Health and Sanitation of the Livingston Municipal Code is repealed in its entirety and replaced with a new Chapter 2 that shall read as follows:

CHAPTER2

WASTES AND RECYCLABLE MATERIALS
8-2-1. DEFINITIONS
ACCUMULATE: To collect, gather or pile up any solid waste on any premises in the corporate limits of the city of Livingston.

ANIMAL: Any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry or other domesticated beast or bird. The term shall include wild or game animals whenever necessary to effectively control or eradicate diseases.

ANIMAL BYPRODUCTS: The bones, fat, grease, meats, and blood waste generated by the processing of meat for animal or human consumption at locations including, but not limited to, butchering facilities, slaughterhouses, markets, restaurants, processing facilities or packaging plants.

BLACK CONTAINER: any bin, can, receptacle, or any other type of receptacle or depository designated by the city or a city-designated waste removal company for the deposit, storage, and collection of garbage not designated for collection in the green container.

BROKER:
(A) Any person owning, managing or operating a business to accumulate, collect, handle, transport or dispose of offal, slop, swill, debris, refuse, garbage, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious wastes, industrial liquid waste, recycling materials, green wastes, or any other solid waste imported, produced or found within the city limits; or (B) Any person engaged in the business of buying meat obtained from a dead animal and reselling such meat in an uncooked form.

CALRECYCLE: California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions {and others).
"CALIFORNIA CODE OF REGULATIONS" OR "CCR": the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

CITY: The City of Livingston.

CITY COUNCIL: The City Council of the city of Livingston. {CW112614.6} -2-
CITY MANAGER: The city of Livingston City Manager, his or her designee, as well as the employees working under his or her supervision.

COLLECTION: To take physical possession of solid waste at, and remove from, the place of generation for transport to a solid waste facility or other recovery activity.

COLLECTOR: (A) A person accumulating, handling and transporting or delivering offal, slop, swill, debris, refuse, garbage, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious wastes, industrial liquid waste, recycling materials, green wastes, or any other solid waste imported, produced or found within the city limits; or (8) Any person engaged in the business of collecting dead animals. "COMMERCIAL BUSINESS" "COMMERCIAL": a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family. Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter.

COMMERCIAL EDIBLE FOOD GENERATOR: a Tier One or a Tier Two Commercial Edible Food Generator as defined in this Chapter or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).

COMPLIANCE REVIEW: A review of records by the City of Livingston to determine compliance with this Chapter.

COMMUNITY COMPOSTING: Any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a){4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

COMPOST: same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Chapter, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. "COMPOSTABLE PLASTIC: plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.2(a)(1)(C). "CONTAINER CONTAMINATION" OR "CONTAMINATED CONTAINER: a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(S5).

CONSTRUCTION WASTE, OR DEMOLITION WASTE: Solid waste material resulting from building construction, alteration, repair, demolition, including brick, stone, cement, lumber, plaster, and drywall; packaging or rubble resulting from construction, remodeling, repair and demolition operations on pavements or residential, commercial, industrial, institutional and governmental buildings and other structures.
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CONTAINER: Residential, commercial, industrial, institutional and government cans, bins, dumpsters approved and provided by the city, city contract agent, licensee, franchisee or permittee for the accumulation and collection of garbage, refuse, rubbish, hazardous waste, household hazardous waste, construction rubbish, recyclable materials, green waste or any other solid wastes from any premises within the city.

CONTRACT AGENT: If the City Council determines to award such a contract to a private business, an agent or employee of an agent of the city, or any person thereof with whom the city shall have duly contracted, under the terms hereinafter set out in the provisions of this chapter, and under the provisions of the laws of the state, with amendments thereto, to accumulate, collect, handle, transport, store or dispose of garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, industrial fluids, recyclable materials, green waste and all other solid waste.

COUNTY: The county of Merced.

CUSTOMER OR CONSUMER: Each owner and/or occupant of each building, lot or parcel in the city from which refuse, rubbish, garbage, recyclable materials or green waste are generated or which refuse, rubbish, garbage, recyclable materials, or green waste are required to be collected pursuant to this chapter.

DEAD ANIMAL: The carcass, or any part thereof, of a bovine animal, goat, sheep, swine, domestic cat, dog, poultry or other domesticated beast or bird. The term shall include wild or game animals.

DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY: As defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the requirements according to facility type in 14 CCR Section 18982(a)(14.S)(A) through Section 18982(a)(14.5)(B).

DESIGNEE: an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this Chapter. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.

DEVELOPMENT: Any new or existing project, facility or building, the users of which generate waste within and/or on the property.

DISABLED CUSTOMER: Anyone who has applied at the city and has been designated as a "disabled customer" by the city, because he or she has provided adequate documentation and has been determined by the city as meeting one or more of the following criteria:
(A) Has been found to be permanently handicapped by the California department of motor vehicles; or
(8) Has been found to be totally and permanently disabled by the social security administration under any of their programs including, but not limited to, the social security disability insurance program under title II of the social security act and including, but not limited to, the supplemental security income program under title XVI of the Social Security Act; or
{CW112614.6} -4-
(C) Has been determined to be permanently disabled by any branch of the military or veterans' administration; or
(D) The City Manager or his or her designee has determined that the individual is disabled based on the statement of a licensed physician.

No customer shall be designated as a "disabled customer'' if there is an able bodied person residing at the customer's house.

DISPOSAL: The final disposition of solid waste at a solid waste facility permitted for disposal.

DUMP: To discard or relinquish control or possession of any waste, and includes any act of littering.

DWELLING UNIT: A residential, single-family dwelling and each separate apartment dwelling of a duplex, triplex or fourplex up to and including four (4} apartments, including upstairs, basement, garage or detached apartment or housing units. The term does not include commercial units, industrial units or institutional users. EDIBLE FOOD: Food intended for human consumption, or as otherwise defined in 14 CCR Section 18982{a)(18). Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

ENFORCEMENT ACTION: An action of the city to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

ENFORCEMENT OFFICIAL: the City Manager or designee, except as otherwise provided herein, shall administer, implement and enforce the provisions of this chapter.

EXCLUDED WASTE: hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s}, which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in the city's, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the city or its Designee for collection services.

FACILITY: Something that is installed or established to serve a particular purpose {CW112614.6} -5-
FOOD DISTRIBUTOR: a company that distributes food to entitles including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

FOOD FACILITY: the same meaning as in Section 113789 of the Health and Safety Code.

FOOD RECOVERY: actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

FOOD RECOVERY ORGANIZATION: An entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(A) A food bank as defined in Section 113783 of the Health and Safety Code; (8) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and,
(C) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

FOOD RECOVERY SERVICE: a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

FOOD SCRAPS: all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.

FOOD SERVICE PROVIDER: Ann entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

FOOD SOILED PAPER" compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, and pizza boxes.

FOOD WASTE: Food Scraps, Food-Soiled Paper, and Compostable Plastics GREEN CONTAINER: Any bin, can receptable of cart that has the same meaning as in 14 CCR Section 18982.2(a)(29), or an existing onsite container labeled as Organics, and shall be {CW112614.6} -6-
used for the purpose of storage and collection of Source Separated Green Container Organic Waste.

GREEN WASTE: Cut shrubbery, trees, shrubbery trimmings, dead flowers, grass cuttings, dead plants, grass clippings, weeds, vines, brush, leaves, dead trees or branches thereof, chips, shavings, sawdust, straw, and other similar organic material which may be effectively composted.

GREEN WASTE COLLECTION PROGRAM: The program by which the city collects green waste from residential, commercial, industrial, institutional and governmental customers of garbage collection services. The collection of green waste shall be by a service schedule which may be separate from those for the pick up of garbage and recyclable materials.

GROCERY STORE: a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a}(30}.

HANDLING: The transporting, transferring, pumping, processing, storing, or packaging of waste referred to in this chapter.

HAULER ROUTE: the designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

HAZARDOUS MATERIAL: Any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material that a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.

HAZARDOUS SUBSTANCE: Includes, but is not limited to, any "hazardous substance" as that term is defined under California Health And Safety Code sections 25281 (g), 25501 (o) and 25501.1, and pursuant to title 42, section 9601 (14) of the United States Code; any "hazardous waste" as that term is defined under title 42 sections 6903(5) of the United States Code, and under California Health And Safety Code section 25501 (o); any "hazardous material," as that term is defined under California Health And Safety Code section 25501(n); any chemical which the governor of California has identified as a chemical known to cause cancer or reproductive toxicity, pursuant to California Health And Safety Code section 25249.8; and any crude oil or refined or unrefined petroleum product, or any fraction or derivative thereof, and any asbestos or asbestos containing material. The term "hazardous substance" includes any amendments to the above referenced statutes and regulations.

HAZARDOUS WASTE:
(A) Any substance which has been determined to be a hazardous substance such that it cannot be disposed of in the county's landfill and is required by county ordinance, state law, federal law or by county, state or federal regulations to be transported {CW112614.6} -7-
to a specialized disposal facility set aside for hazardous waste. Hazardous wastes include, but are not limited to, household hazardous wastes. (B} A waste, or combination of wastes, which because of its quality, concentration, or physical, chemical, or infectious characteristics may do either of the following:

1. Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
(C) All waste defined or characterized as hazardous waste by the federal law in 42 USC 3251 et seq., as amended, and all future amendments thereto, or regulations promulgated hereunder; or
(D) All waste defined by agencies of the state of California (including, without limitation, the department of health services and the California waste management board) having jurisdiction over hazardous waste generated by facilities within such state, provided that the term "hazardous waste":
1 . Is intended to mean and include those substances that are not normally expected to be disposed of by generally accepted sanitary landfill disposal methods.

2. Shall include radioactive wastes.

3. Shall be construed to have the broader, more encompassing definition where there exists a conflict in the definitions employed by two (2) or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste.
(E) All "infectious waste" as defined in this chapter. All "infectious waste" shall also be considered "hazardous waste" and subject to all federal, state, county and city hazardous waste and infectious waste laws and regulations.

HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY: a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.S(d} and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

HOUSEHOLD HAZARDOUS WASTE: Any waste produced by a household that contains an ingredient listed in the code of federal regulations chapter 40 part 261.33(e) or 261.33(f), or that exhibits characteristics of ignitability, corrodibility, reactivity (e.g., an oxidizer) toxicity, or infectiousness. Empty containers retaining residues of household hazardous waste include, but are not limited to, each of the following: household cleaners, pesticides, batteries, wood preservatives, automobile polish, furniture polish, fertilizers, automotive {CW112614.6} -8-
products, adhesives and sealants, paints and coatings, photographic chemicals, swimming pool chemicals, and used oils.

INDUSTRIAL LIQUID WASTE: Any and all liquid or waterborne waste from an industrial or commercial process.

INDUSTRIAL UNITS: Any business establishment engaged in processing, manufacturing, slaughtering, warehousing, construction, and/or demolition or other similar activity.

INFECTIOUS WASTE: Solid waste capable of producing an infection or pertaining to or characterized by the presence of pathogens or medical waste regulated by the California Health And Safety Code section 117600 et seq. It includes, but is not limited to, certain wastes generated from dead animals or by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals, medical testing labs, slaughterhouses, rendering plants, receiving plants, protein reduction plants, tallow plants, and any waste that includes animal wastes, feathers, hides, fats, grease, bone, bone meal, flesh, blood, feces, manure, night soil, meat, flesh, hair, animal byproducts or body parts from animal processing plants, slaughterhouses, rendering plants, receiving plants, tallow plants, protein reduction facilities or other similar facilities. All "infectious waste" shall also be considered "hazardous waste'' and subject to all federal, state, county and city hazardous waste laws and regulations.

INSPECTION: a site visit where the city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

INTERMEDIATE STORAGE TANK: Any stationary tank used for the temporary storage of hazardous and nonhazardous substances which will be transported off site to a disposal site for subsequent treatment or disposal.

LARGE EVENT: an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event, as defined in 14 CCR Section 18982(a)(38).

LARGE VENUE: a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, hall, conference or civic center, airport, performing arts center, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue, as defined in 14 CCR Section 18982(a)(39).

LOCAL EDUCATION AGENCY: a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
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MUL Tl FAMILY RESIDENTIAL DWELLING OR MUL T-FAMIL Y: of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

MWELO: the Model Water Efficient Landscape Ordinance {MWELO), 23 CCR, Division 2, Chapter 2.7.

NON-COMPOSTABLE PAPER: includes but is not limited to paper that is coated in a plastic and/or metallic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

NON-LOCAL ENTITY: the following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(A) Special district(s) located within the boundaries of the city, induding Livingston Union School District
(8) State agencies located within the boundaries of the city, including Caltrans, Cal Fire or Merced County facilities.

NON-ORGANIC RECYCLABLES: non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982{a)(43).

NOTICE OF VIOLATION (NOV): a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

OFF AL: The waste or byproduct of a process.

ORGANIC WASTE: Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

ORGANIC WASTE GENERATOR: a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a){48).

PAPER PRODUCTS: include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51 ).

PERMITTEE, LICENSEE OR FRANCHISEE: Any person or solid waste enterprise who accumulates, collects, transports, stores or disposes of any form of garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, construction rubbish, recyclable materials, green waste or any other solid waste, for compensation pursuant to a City Council granted permit, license, contract or franchise issued under this chapter.
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PERSON: Individuals, companies, firms, corporations, partnerships, trusts, associations or combinations thereof.

PREMISES: Any single-family residential, multi-family residential, industrial, commercial, retail, institutional or governmental properties of any kind, or any other dwelling, building or vacant property where solid waste is generated or accumulates for disposal. (PRINTING AND WRITING PAPERS: as defined in 14 CCR Section 18982(a}{54).

PROHIBITED CONTAINER CONTAMINANTS:
(A) "Prohibited Container Contaminants" means the following: (1) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the City's Green Container; (2) Excluded Waste placed in any container.

PUBLIC HIGHWAY: Any public street, alley, road, walkway, public place or highway open to and used by the traveling public and not used as a private right of way.

RECEIVING PLANT: A premises to which dead animals are delivered for the purpose of obtaining animal wastes, feathers, hides, fats, grease, bone, bone meal, flesh, blood, feces, manure, night soil, meat. flesh, hair, animal byproducts or other animal body parts or for the purpose of selling or delivering the dead animals or parts thereof to a rendering plant, tallow plant or protein reduction facility.

RECOVERABLE MATERIAL: Material which is capable of being retrieved or diverted from disposal or transformation for the purpose of recycling, reuse, and composting.

Recoverable material does not include those materials generated from and reused on site for manufacturing purposes.

RECOVERED ORGANIC WASTE PRODUCTS: products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

RECOVERY: any activity or process described in 14 CCR Section 18983.1 (b), or as otherwise defined in 14 CCR Section 18982{a)(49).

RECYCLABLE MATERIAL: Solid waste material such as newspapers, printed matter paper products, aluminum cans, other cans, glass, beverage containers, bottles, plastic containers, pasteboard, corrugated cardboard and other items that through a process of collecting, sorting, cleansing, treating and reconstituting is returned to the economic mainstream in the form of raw material for new, reused, remanufactured, reprocessed or reconstituted products which meet the quality standards necessary to be used in the marketplace.

RECYCLED CONTENT PAPER: Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumerfiber. or as otherwise defined in 14 CCR Section 18982(a)(61).
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RECYCLING: The process of collecting, sorting, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream as defined in the California Public Resources Code section 40180.

RECYCLING PROGRAM: The program by which the city collects recyclable materials from residential, commercial, industrial, institutional and governmental customers of garbage, refuse, rubbish or green waste collection services. The collection of recyclable materials shall be by a service schedule that may be separate from those for the pick up of garbage, refuse, rubbish and green waste.

RECYCLING STATION: Any property and/or facility that is used or designated to be used at any time for the recycling of any or all recyclable materials including green waste materials.

REFUSE: All solid waste, including, but not limited to, all "rubbish", "construction rubbish", "recyclable material", "garbage", "green waste", and "household hazardous waste" as defined in this chapter or as defined in California Public Resources Code sections 40191 and 49503.

RENDERING PLANT, TALLOW PLANT, PROTEIN REDUCTION FACILITY OR SIMILAR FACILITY: A premises at which dead animals are processed into hides, meat, bone meal, meat meal or inedible fats. All animal byproducts from rendering plants, tallow plants, protein reduction facilities are considered to be "infectious waste" and "hazardous waste".

REGIONAL AGENCY: regional agency as defined in Public Resources Code Section 40181.

REMOTE MONITORING: The use of the internet of things(loT) and/or wireless electronic devices to visualize and providing photo documentation of the contents of Containers, for purposes of identifying the quantity of materials in containers (level offill) and/or presence of Prohibited Container Contaminants.

RESIDENTIAL CUSTOMER: The owner and/or occupant of a one-family dwelling unit and/or multi-family dwelling units.

RESIDENTIAL UNITS: All dwelling units including one-family residential dwelling units, multifamily residential units, apartments, condominiums, planned unit developments or any other dwelling units occupied or used by people for living, sleeping and other domestic activities.

RESTAURANT: an establishment primarily engaged in the retail sale of food and drinks for onpremises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

ROUTE REVIEW: a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

RUBBISH: All solid waste material, both combustible and noncombustible, consisting of waste wood, wood products, mattresses, rubber, plastics, clothing, rags, shoes, boots, carpets, linoleum, oil cloth, waste pulp, glass, crockery, bottles, shelves, cans, wire, products used for packaging or wrapping, building and yard sweepings, old metals, mineral or metallic substances, earth, rock, ashes, cinders, water heaters, furnaces, furniture, washers, {CW112614.6} -12-
dryers, refrigerators, televisions, radios, or other waste material or other discarded, abandoned or useless matter which by its presence or accumulation may injuriously affect the health, comfort, safety or convenience of any portion of the community by increasing the danger of disease, injury or damage to person or property, or hazard by fire; and shall include all other organic or inorganic matter rejected, abandoned or discarded by the owners or producers thereof as useless or offensive. Rubbish does not include wastes and other materials, including, but not limited to, objects not easily moved by one man, such as discarded automobile bodies, other bulky or heavy objects, manure or offal or waste from animal yards.

SB 1383: Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730. 7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

SB 1383 REGULATIONS: the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

SCAVENGE: The unauthorized removal of any recyclable materials or solid waste without a permit under this chapter
SELF-HAULER: means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to a collection site or facility. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Backhaul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

SINGLE-FAMILY: of, from, or pertaining to any residential premises with fewer than five (5) units.

SLAUGHTER: Slaughter for the purpose of processing for human consumption.

SOLID WASTE: as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
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(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1.

Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

SOURCE REDUCTION: Efforts taken to minimize the quantity of waste generated and entering the waste stream.

SOURCE REDUCTION/RECYCLING PLAN: A written policy approved by the city describing how waste reduction and recycling is to be accomplished within a residential, commercial, industrial, institutional, governmental development or facility.

SOURCE SEPARATED: materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b}(4). For the purposes of the Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Black Container Waste or other Solid Waste for the purposes of collection and processing.

SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE: Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding pet waste, carpets, NonCompostable Paper, and textiles.

SOURCE SEPARATED RECYCLABLE MATERIALS: Source Separated Non-Organic Recyclables
STATE: the State of California.

SUPERMARKET: a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000}, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a}(71 ).

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR: a Commercial Edible Food Generator that is either a Supermarket, Grocery Store with a total facility size equal to or greater than 10,000 square feet, Food Service Provider, Food Distributor, or Wholesale Food Vendor, or as otherwise defined in 14 CCR Section 18982(a)(73).

TIER TWO EDIBLE FOOD GENERATOR: as defined in 14 CCR Section 18982(a)(74), is a Commercial Edible Food Generator that is either a Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet, Hotel with an on-site Food Facility and 200 or more rooms, Health facility with an on-site Food Facility and 100 or more beds, Large Venue, Large Event, A State agency with a cafeteria with 250 or more {CW112614.6} -14-
seats or total cafeteria facility size equal to or greater than 5,000 square feet, or A Local Education Agency facility with an on-site Food Facility.

WHOLESALE FOOD VENDOR: a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). 8-2-2: PURPOSE:

The purpose of this chapter is to: a) establish rules, regulations, policies and procedures for the accumulation, collection, handling, transportation, storage and disposal of from private property and public highways, streets, alleys and property, offal, debris, garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recycling materials, green waste and all other solid wastes generated within the corporate limits of Livingston; b) protect the public health, safety and welfare of the residents and visitors to Livingston; c) reduce the danger of fire and conflagration; d) limit the sources of noise and control vermin and vectors; e) prevent disease that may endanger the public health; mitigate or eliminate environmental impacts including the prevention of air pollution, prevention of water pollution, protection of the public water supply and protection of the groundwater aquifer; and to f) promote economies and efficiencies in the delivery of municipal services in the city.
8-2-3: PROVISIONS OF CHAPTER DEEMED INCORPORATED INTO SOLID WASTE SERVICE AGREEMENTS:

All provisions of this chapter shall be deemed to be incorporated into every solid waste service agreement, contract, franchise, license and permit issued by the city or between the city and its solid waste service customer. Each person, customer, consumer, firm, business, company, corporation, partnership, trust, association or combinations thereof shall be charged with knowledge of the provisions of this chapter and, by applying for and accepting solid waste collection, handling, transportation, storage and disposal service from the city or within the city, to have assented to the provisions of this chapter.
8-2-4: AUTHORITY TO ESTABLISH ADMINISTRATIVE PROCEDURES AND SUPPLEMENTARY RULES AND REGULATIONS:

The City Manager or his or her designees shall enforce the provisions of this chapter, and shall have the power to establish administrative policies and procedures and supplemental rules and regulations consistent within the provisions of this chapter governing the accumulation, collection, handling, transportation, storage and disposal of garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste and all other solid wastes including, but not limited to, swill, slops, animal wastes, animal byproducts, feathers, hides, fats, grease, bone, bone meal, flesh, blood, feces, night soil, manure, meat, flesh or hair. 8-2-5: RIGHT OF FURTHER REGULATION RESERVED:
(A) Hazardous And Nonhazardous Substances And Materials: The city reserves the right to apply the provisions and standards contained in this chapter to other hazardous and nonhazardous substances and materials which, by their nature and/or composition, in the opinion of the city, require special handling procedures, policies or regulations consistent with those applied to items specifically designated herein to adequately manage the waste stream of the city and to avoid the creation of a health hazard or nuisance and to protect the health, safety and welfare of the residents and visitors to the City of Livingston. {CW112614.6} -15-
(B) Bonds And Insurance: The City reserves the right to require a permit bond, license bond, franchise bond, pollution bond, or other bond or other insurance. (C) Certifications: The city reserves the right, at the expense of the contract agent, franchisee, licensee or permittee, to require independent certification of the integrity of any tank, vessel or vehicle used for the collection, transportation and disposing of wastes. 8-2-6: RIGHT TO REFUSE TO PROVIDE SOLID WASTE SERVICE:

The city reserves the right to refuse solid waste service, limit the extent of solid waste services for any function, or to refuse to provide solid waste accumulation, collection, handling, transportation, storage and disposal for a particular function of a person, applicant, consumer or customer at its sole discretion.
8-2-7: PUBLIC WORKS DEPARTMENT RESPONSIBLE FOR SOLID WASTE SERVICES AND OVERSEES IMPLEMENTATION OF THIS CHAPTER:

The public works department shall have the authority and responsibility for solid waste services and to oversee the accumulation, collection, handling, transportation, storage and disposal of all garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste and all other solid waste including, any swill, night soil, slops, bone, blood, feces, feathers, offal, flesh, or hair. To accomplish these purposes, the public works department is empowered to employ persons, acquire equipment and perform all other acts necessary or incidental to the accomplishing of the above-described purposes, subject to all applicable ordinances, resolutions, rules, regulations, policies and directions of the City Manager and the City Council. 8-2-8: PUBLIC WORKS DIRECTOR DUTIES:

The public works director shall administer and enforce this chapter under the direction of the City Manager and manage the city's solid waste management system pursuant to the provisions of this chapter and pursuant to the resolutions, rules, regulations and directives issued by the City Manager or adopted by the City Council prescribing their powers and duties. 8-2-9: GENERAL SANITARY CONDITION REQUIRED:

All buildings, lots, places, and premises in the city shall continuously be kept, by the owners, managers or occupants thereof, in a clean and sanitary condition. 8-2-10: USE OF BUILDINGS, LOTS AND PREMISES AS DUMPING GROUNDS:

It is hereby declared to be a nuisance and it shall be unlawful for any owner or person to dump, use, suffer or permit to be used any building, lot or premises owned, occupied, or controlled by him or her in the city, for the throwing, dumping or depositing of garbage, refuse, rubbish, hazardous waste, household hazardous waste, construction rubbish, infectious waste, industrial liquid waste, green waste including depositing of table refuse, offal, swill, night soil, slops, animal byproducts, animal body parts, accumulation of animal, vegetable or other matter that is:
a) liable to become putrid orb) attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, fruits, vegetables, animals, offal, ashes or cans. 8-2-11: DEPOSITING ANIMAL CARCASSES AND ANIMAL BYPRODUCTS:

It is hereby declared to be a nuisance and it shall be unlawful for any person to cause, suffer or permit the carcass of any dead animal to remain upon any lot, premises, building or place owned, controlled, managed or occupied by him or her in the city, for a period of twenty-four (24) hours, or to cause or suffer any animal, animal body part or animal byproduct liable to become putrid, to collect or be deposited upon any lot, building, premises owned, controlled, managed or occupied by him or her.
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8-2-12: ACCUMULATION, COLLECTION, TRANSPORTATION, STORAGE OR DEPOSITING ON PRIVATE OR PUBLIC PROPERTY:

It shall be unlawful for any person to accumulate, collect, handle, transport, store or place, throw, deposit, or dump any paper, cans, bottles, broken glass, ash, tree accumulations, offal, debris, refuse, trash, garbage, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial wastes, green waste or any other solid waste on public highways, streets, alleys or public property or upon any public or private property, alley, street or public grounds within the city or cause the same to be so done; except by an authorized contract agent, licensee, franchisee or permittee in accordance with this code 8-2-13: USE OF PUBLIC REFUSE RECEPTACLES OR PUBLIC COLLECTION CONTAINERS:

It shall be unlawful for any person to place or cause to be placed in any refuse receptacle or public collection container owned by the city of Livingston and located upon any public street or public place any waste matter originating within or upon any private property. However, pedestrians or other persons using the said street or public place shall be permitted to deposit in said receptacle or container miscellaneous small articles of waste matter carried by them. 8-2-14: LITTERING PROHIBITED:
(A) Littering: No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintain any refuse, rubbish, garbage or other discarded or abandoned objects, articles, or other litter in or upon any street, alley, sidewalk, storm drain system, or business place, or upon any public or private plot of land in the city so that the same might become a pollutant, except in containers or in lawfully established solid waste facilities. The occupant or tenant or, in the absence of occupant or tenant, the owner or proprietor of any real property in the city in front of which, there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained as required for the disposal of solid waste. (B) Depositing Litter In Water Body: No person shall throw or deposit litter in any fountain, pool, lake, stream, river, or any other body of water in a park or elsewhere within the corporate limits of Livingston.
(C) Property Owner Responsible: Every person occupying or having charge and control of property on which a prohibited disposal of waste material occurs shall cause the proper collection and disposal of the same.
(D) Public Danger: No person shall dispose of a solid waste material that creates a danger to public health, safety and welfare and otherwise threatens the environment, surface waters, and groundwater; therefore, any owner or occupant of property who fails to remove waste material within a reasonable time may be charged with creating a nuisance upon the property. 8-2-15: SCAVENGING PROHIBITED:

It shall be unlawful for a person to scavenge or permit to scavenge any refuse, rubbish, construction rubbish, garbage, hazardous waste, household hazardous waste, infectious waste, industrial liquid waste, recyclable materials, green waste or any other solid waste in the city. 8-2-16: BURYING OR BURNING PROHIBITED; EXCEPTION:

Except for permitted burns in those areas zoned for agriculture, it shall be unlawful for any person to bury or burn any debris, refuse, rubbish, garbage, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or any other solid waste including any swill, slop, feathers, offal, fats, grease, bone, bone meal, {CW112614.6} -17-
flesh, blood, feces, night soil, manure, meat, flesh, hair, animal body parts or animal byproducts or other substances or materials without obtaining a permit from the city. It is hereby declared to be a nuisance and it shall be unlawful for any person to burn or suffer or permit to be buried or burned, upon any premises owned, occupied or controlled by him or her in the city, any debris, refuse, rubbish, garbage, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or any other solid waste including any swill, slop, feathers, offal, fats, grease, bone, bone meal, flesh, blood, feces, night soil, manure, meat, flesh, hair, animal body parts or animal byproducts or other substances or materials in such a manner as to cause odors or gas therefrom to taint the air and render it obnoxious, unwholesome or injurious to the health, or offensive to the senses of the inhabitants of the city. 8-2-17: SPECIAL ARRANGEMENTS AND PERMITS FOR DISPOSAL OF CERTAIN ITEMS REQUIRED:

Special arrangements must be made and special permits must be issued by the county, state of California, or federal agencies for the disposal of any of the following items: ammunition, explosives, industrial waste, chemicals, infectious waste, hazardous waste, radioactive waste, acids, drugs, medicines, human feces, unwrapped animal feces, and items which are too large for the collection equipment or which may damage the collection machinery such as large pieces of metal and machine parts.
8-2-18: RIGHT OF THE CITY TO MANAGE AND CONTROL:
(A) Exclusive Right Of The City To Manage And Control Wastes: The accumulation, collection, removal, transportation, storage and disposal of offal, swill, garbage, rubbish, refuse, hazardous wastes, household hazardous wastes, infectious wastes, industrial liquid wastes, construction rubbish, recycling materials, green wastes and all other solid wastes as well as public street sweeping services, shall be managed and controlled by the city for the: 1) protection of the public health, safety and welfare of the residents and visitors to Livingston; 2) reduction of the danger of fire and conflagration; 3) limit the sources of noise and control vermin and vectors; 4) prevent disease that may endanger the public health; mitigate environmental impacts including the reduction of air pollution, prevention of water pollution, protection of the public water supply and protection of the groundwater aquifer; and to 5) promote economies and efficiencies in the delivery of municipal services in the city. The City Council finds that, a comprehensive city-operated, regulated, managed and controlled system for the periodic accumulation, collection, removal, storage, transportation and disposal of all offal, swill, debris, garbage, rubbish, refuse, hazardous waste, household hazardous waste, infectious waste, industrial liquid waste, construction rubbish, recyclable materials, green waste, and all other solid waste from all private and public property in the city is essential and benefits all occupants and owners of all premises in the city. The city reserves to itself the exclusive right to accumulate, collect, remove, transport, store and dispose of, or cause to be accumulated, collected, removed, transported, stored and disposed of, all offal, swill, debris, refuse, garbage, rubbish, hazardous waste, household hazardous waste, infectious waste, industrial liquid waste, construction rubbish, recyclable materials, green waste and all other solid waste produced or found within the corporate limits of the city of Livingston. It is hereby declared to be unlawful for any person, except as provided by the City Council under a city granted contract, permit, license or franchise to accumulate, collect, remove, transport, store or dispose of offal, refuse, debris, garbage, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, industrial liquid wastes, recycling materials, green waste, or any other solid waste produced or found within the city limits.
(B) Disposal Sites: The city reserves the right to manage and control the city's waste stream, including the right to direct deliveries to designated landfills, transfer stations, processing facilities, wastewater treatment facilities or other disposal sites within and outside the city. {CW112614.6} -18-
(C) Collection Categories: The City Council or City Manager may determine solid waste management collection categories, whether single-family residential, multi-family residential, industrial, institutional, governmental, and may make or impose regulations and requirements in connection with the issuance of any city contract, permit, license or franchise. (Ord. 545, 6-20- 2006)
8-2-19: IMPORTATION OF WASTE TO THE CITY PROHIBITED:

No person, company, corporation, firm, partnership, trust, association or organization may import or transport from sources outside the Livingston city limits any garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, or green waste or any other solid waste for commercial or industrial processing, rendering, disposing, recycling, storing, packaging or other use. 8-2-20: INTERMEDIATE STORAGE TANK USE PROHIBITED:

No person shall provide or use an intermediate storage tank in conjunction with the handling of liquid waste without prior written approval from the city 8-2-21: CONTRACTS, PERMITS, FRANCHISES, AND LICENSES FOR COLLECTION AND DISPOSAL:

The City Council may grant contracts, permits, franchises and licenses for the accumulation, removal, collection, handling, transportation, storage and disposal of garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, construction rubbish, recyclable materials, green waste and other solid waste within the city limits upon such terms and conditions as the City Council may from time to time determine to be in the best interest of the city, and consistent with state and federal law. No person shall accumulate, collect, handle, transport and dispose of any garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, rubbish, construction rubbish, recyclable materials, green waste or any other solid waste within the city limits without applying for and receiving all permits required by the city, state or federal governments.
8-2-22: APPLICATION FOR CONTRACT, PERMIT, FRANCHISE OR LICENSE:
(A) Application: Any person desiring to obtain a contract, permit, franchise or license for the accumulation, removal, collection, handling, transportation, storage or disposal of garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, construction rubbish, recyclable materials, green waste or any other solid waste within the city shall sign and file an application with the city and pay a permit application fee established by resolution by the City Council. Each application shall be filed with city and shall include, but not be limited to, the following information:

1. The name and address of the applicant.

2. The type and approximate tonnage of garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, construction rubbish, recyclable materials, green waste or any other solid waste to be collected in each of the applicable areas: single-family residential, multi-family residential, industrial, commercial, institutional and governmental units.

3. Written certification that no garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or any other solid waste generated outside the City of Livingston is going to be imported into the City of Livingston for commercial or industrial processing, rendering, recycling, storing, packaging or other use.
{CW112614.6} -19-

4. Written agreement that it will pay a franchise fee of fifteen percent (15%) or other franchise fee amount established by the City Council.

5. Written proof that the person has obtained insurance coverage as required by the City Manager or city attorney.

6. Necessary permits from the county, state of California and federal agencies for the accumulation, removal, collection, transportation or disposal of such waste.

7. A source reduction and recycling plan with details and time frame for implementation on how the city contract agent, licensee, franchisee or permittee will provide the programs to its customers as required by the city and state of California and includes a plan to achieve the reduction or diversion of solid waste to achieve a fifty percent (50%) diversion rate through source reduction, recycling and composting.

8. Technical, instructional, promotional and educational programs to achieve the diversion rates required by the city and state of California.

9. Special solid waste programs.

10. Other information or additional financial information required by the city from the applicant, including, but not limited to, the right to audit financial records, or require a performance bond, or other suitable evidence of financial responsibility.

11. Certified copy of the applicant's last fiscal year financial report, audited by a certified public accountant.
8-2-23: BUSINESS LICENSE REQUIRED:

Any person owning, managing or operating a business to accumulate, collect, remove, handle, transport, store or dispose of offal, slop, swill, debris, refuse, garbage, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious wastes, industrial liquid waste, recycling materials, green wastes, or any other solid waste imported, produced or found within the city limits must obtain a business license from the city. This section also applies to any broker or collector doing business in Livingston or accumulating, collecting, handling, transporting or disposing of offal, slop, swill, debris refuse, garbage, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, industrial liquid waste, recyclable materials, green waste or any other solid waste within the city limits with a place of business outside the city limits. It also includes any person or broker engaged in the business of buying meat obtained from a dead animal and reselling such meat in an uncooked form or any person or any collector engaged in the business of collecting dead animals in Livingston whether or not their place of business is located within the city limits. 8-2-24: UNLAWFUL TO EXCEED DESIGNATED CHARGES AND PRICES:

It shall be unlawful for any city contract agent, licensee, franchisee, permittee or any person engaged in or carrying on the business of accumulating, collecting, removing, handling, transporting, storing and disposing of garbage, refuse, rubbish, offal, construction rubbish, recyclable materials, household hazardous wastes, hazardous wastes, infectious wastes, liquid industrial wastes, green wastes to charge any person any sum of money in excess of the prices set forth by the City Council by resolution.
8-2-25: DUTIES OF CITY CONTRACT AGENTS, LICENSEES, FRANCHISEES AND PERMITTEES:
(A) Compliance With Laws And Regulations: Any person with whom the city contracts, licenses, franchises or permits to accumulate, collect, remove, handle, transport, store or {CW112614.6} -20-
dispose of garbage, refuse, rubbish, household hazardous waste, hazardous waste, infectious waste, liquid industrial waste, rubbish, construction rubbish, recyclable materials, green waste materials or any other solid waste shall accumulate, collect, handle, transport, store and dispose of all such material in strict compliance with all applicable federal, state, county, and city health and environmental laws, ordinances, rules and regulations, and under the supervision and to the satisfaction of the City Manager and City Council.
(B) Vehicle And Equipment Requirements For All Vehicles: Vehicles used by the city contract agents, licensees, franchisees or permittees for solid waste collection shall be in safe and operable condition.

1. Vehicles shall be painted with the firm name, address and phone number on each side of the cab. The letters shall be a minimum of three inches (3") in height and fully visible and legible at all times. The words "city" and "Livingston" shall not be used in any manner upon the identification placed on the vehicles, except as provided, nor shall an official city of Livingston telephone number or address be used.

2. No materials shall leak, fall or be spilled or discharged from any such vehicle or container attached thereto. Vehicles and conveyances must be so constructed as to be absolutely dustproof, and so arranged as not to permit dust or other matter to shift through or fall upon the streets and alleys. The contents of such conveyances must be further protected so as to prevent the same from being blown upon the streets, alleys and adjacent properties.

Transport of all wet solid waste shall be in watertight containers with proper covers, so that the solid waste shall not be offensive and every such container shall be kept clean and the solid waste so loaded that none of it shall fall, drop or spill to or on the ground, sidewalk or pavement.

Vehicles shall carry at least five (5) gallons of water and be equipped with shovels, and brooms to clean up spillage. Equipment bodies shall be metal and watertight. Any discharge or spillage at a location other than an approved disposal site or processing facility shall be cleaned and appropriately disinfected prior to the vehicle driver's departure from the site.

3. Vehicles must pass city approved inspections and meet applicable air quality and vehicle emissions standards. Truck bodies shall be closed when used to transport waste.

4. The outside of each vehicle shall be cleaned at least once a week. All vehicles shall be kept clean of splashings and waste accumulation. All vehicles shall be kept in good repair, and not leak oil or other fluids onto the surface of the ground.

5. Vehicles shall be operated in such a manner as to minimize their exterior noise levels in the city.
(C) Vehicle Permits: Each vehicle required to have a permit pursuant to this chapter must pass a California highway patrol biannual inspection for each vehicle or other inspection approved by the public works director. Proof of inspection is required to be submitted to the city twice per year. Failure to pass the vehicle inspection may result in denial or revocation of a contract, permit, license or franchise.
(D) Container Maintenance: All city contract agents, licensees, franchisees and permittees shall maintain their containers to present a well kept appearance and ensure that the container area is left clean of debris and refuse after pick up or delivery. User shall be responsible for the cleanliness of the containers and sanitary conditions of the surrounding area between services. (E) Source Reduction And Recycling Requirements: All city contract agents, licensees, franchisees and permittees shall comply with the solid waste source reduction and recycling provisions of this chapter and shall submit monthly reports to the city from a state or county {CW112614.6} -21-
certified weighing facility documenting the gross tonnage collected and net tonnage diverted.

The city reserves the right to randomly select trucks to have weighed by a state certified facility to ensure compliance. All costs for random weight measurements will be borne by the contract agent, licensee, franchisee or permittee.
8-2-26: CITY COLLECTION AND DISPOSAL SERVICE REQUIRED:

Every person owning, occupying or managing a building, lot, premises, or developed parcel shall subscribe to the garbage, refuse, rubbish, recyclable materials, green waste collection or other solid waste service from the city whether the owner or occupant uses the collection services or not. All such occupants are made liable for the garbage, refuse, recycling collection charges; recycling program charges; green waste collection program charges and any other charges, penalties and fines established by the City Council by resolution. Each person, owner, manager or occupant shall pay at least the minimum rate established for such services. 8-2-27: UNLAWFUL TO INTERFERE OR HINDER:

It shall be unlawful for any person to hinder, threaten, impede, obstruct in any manner or to interfere with the accumulation, collection, removal, handling, transportation, storage or disposition of refuse, rubbish, garbage, household hazardous wastes, hazardous wastes, infectious wastes, rubbish, construction rubbish, recyclable materials, green wastes or any other solid wastes by the city or any person authorized by license, contract, permit or franchise to accumulate, collect, remove, handle, transport, store and dispose of the same. 8-2-28: SINGLE-FAMILY RESIDENTIAL COLLECTION SERVICES:
(A) Street Collection Service: For those parts of the city in which alley collection service is not applicable, street collection service is required for all single-family residential units:

1. Customers shall be responsible for placing garbage, refuse, rubbish, recyclable materials and green waste containers at the curb line by five o'clock (5:00) A.M. on collection days at the location determined by the city. No collections at schools, churches, or those portions of commercial or industrial districts adjacent to residential neighborhoods shall be made prior to five o'clock (5:00) A.M. or after six o'clock (6:00) P.M. Collections may be made at different hours subject to prior approval of the City Manager or City Council.

2. In all cases of dispute and complaints arising as to the place where the garbage, refuse, rubbish, recyclable materials and green waste containers shall be placed awaiting removal thereof, the public works director shall forthwith designate the place for the same. The decision of the public works director may be appealed to the City Manager whose decision shall be final.

3. The lids of all containers shall be completely closed to prevent the spillage of contents during collection.
(B) Alley Collection Service: For those parts of the city where alley collection service is applicable, for single-family residential units:

1. Customers shall be responsible for placing garbage, refuse, rubbish, recyclable materials and green waste containers in the alley by five o'clock (5:00) A.M. on collection days at the location determined by the city. No collections at schools, churches, or those portions of commercial or industrial districts adjacent to residential neighborhoods shall be made prior to five o'clock (5:00) A.M. or after six o'clock (6:00) P.M. Collections may be made at different hours subject to prior approval of the City Manager or City Council.

2. In all cases of dispute and complaints arising as to the place where the garbage, refuse, rubbish, recyclable materials and green waste containers shall be placed awaiting removal {CW112614.6} -22-
thereof, the public works director shall forthwith designate the place for the same. The decision of the public works director may be appealed to the City Manager whose decision shall be final.

3. The lids of all containers shall be completely closed to prevent the spillage of contents during collection.
(C) Container Contents City Property: From the time of the placement of garbage, refuse, rubbish, recyclable materials, or green waste at the curbside, property line or other designated collection locations, or in any container used for recycling materials, green waste or other solid waste provided by the city, contract agent, licensee, franchisee or permittee, said recyclable materials or other solid waste shall be and become property of the city or city authorized agent. (D) Disabled Customer: The city or its contract agent shall, upon request, transport garbage containers, recyclable materials containers or green waste containers from the front of the dwelling unit to the curb or alley site described above, for individuals who qualify as being disabled customers. Disability will be determined based on an application made to the city, not by a contract agent, if any. The city will provide the contract agent, if any, with an updated list of people who have been determined by the city to be disabled customers. (E) Collection Interference: No person, other than city employees, or city contract agents shall interfere in any manner with any container, or the contents thereof, nor move any such container or remove the contents thereof, from the location where the container is placed. (F) Single-Family Organic Waste Generators shall comply with the following requirements:
(1) Shall automatically subscribe to City's two-container collection system as described below. The City shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Single-Family generators shall adjust its service level for its collection services as requested by the city.

Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, pursuant to 14 CCR Section 18984.9(c).
(2) Shall participate in the City's Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.
a. A two-container collection service (Green Container and Black Container) i. Generator shall place Source Separated Green Container Organic Waste, including Food Waste, cardboard and paper, in the Green Container; and Black Container Waste in the Black Container. Generators shall not place materials designated for the Black Container into the Green Container, and shall not place materials designated for the Green Container into the Black Container.
8-2-29: SINGLE-FAMILY RESIDENTIAL DWELLING UNIT COLLECTION SERVICE FREQUENCY:
(A) Collection Frequency: The City Council shall determine the frequency of single-family residential collection service. The city or its contract agent, franchisee, licensee or permittee shall collect from residential customers at least once each calendar week, on a Monday through Friday basis.
{CW112614.6} -23-
(B) Collection Times: All customers shall place the collection containers at their city designated location not later than five o'clock (5:00) AM. on the collection day, but not before four thirty o'clock (4:30) P.M. the preceding day.
(C) Empty Collection Containers: No empty solid waste collection container shall be allowed to remain at the curb after eight o'clock (8:00) P.M. on the collection day. 8-2-30: SINGLE-FAMILY RESIDENTIAL DWELLING UNIT COLLECTION CONTAINERS:
(A) Collection Containers: For all residential dwelling unit customers receiving collection, the city shall provide ninety (90) gallon containers or three hundred (300) gallon containers at its discretion. It shall be the duty of every person in possession, charge or control of any singlefamily dwelling unit to obtain authorized refuse containers in sufficient number to contain all refuse accumulated during the intervals between scheduled collections. (B) Collection Container Lids: The lids of all containers shall be completely closed to prevent the spillage of contents during collection. Such cans shall be kept in a sanitary condition by the owners thereof and shall at all times be secure against access of flies to the contents thereof. (C) Collection Container Regulations: The following regulations shall apply to collections containers:

1. No live or hot coals, ashes, or other things, which can cause a fire in a collection vehicle shall be placed in or with any solid waste or recyclable material container set out for collection.

Cold ashes and coals placed for collection shall be contained in such manner as to retard their blowing and flying or being emptied into the collection vehicle.

2. No human or animal excrement shall be placed for collection by the city, except that solid animal excrement may be placed in a solid waste container if securely wrapped in paper or nonporous wrapper, or contained in a closed bottle or can. (D) Additional Containers: No additional automated cans for nonrecyclable solid waste will be permitted or allowed to be provided to the customer without prior approval from the public works director.
(E) Replacement Container: A customer will be provided a replacement automated container if the original container becomes unserviceable through no fault of the customer. If the automated container has been damaged by the customer, the city will provide a container upon payment by the customer.
(F) Container Location Disputes: In all cases of dispute and complaints arising as to the place where the garbage, refuse, rubbish, green waste containers or recycling containers shall be placed awaiting removal thereof, the public works director shall forthwith designate the place for the same. The decision of the public works director may be appealed to the City Manager whose decision shall be final.
(G) Container Storage: No garbage, refuse, rubbish containers or designated recyclable material or green waste containers shall be stored in the front yard or side yard on a street, unless the containers are screened from public view. No containers containing garbage, refuse, rubbish, green waste, other solid waste or recyclable material shall be stored or placed for collection within a public highway, walkway, roadway, or any other traveled way, except that alleys may be used for these purposes if such use does not interfere with the alley use by vehicles.
8-2-31: MUL Tl-FAMILY RESIDENTIAL, COMMERCIAL, INDUSTRIAL, INSTITUTIONAL AND GOVERNMENTAL COLLECTION SERVICES:
{CW112614.6} -24-
(A) Collection Service: For those premises rece1v1ng residential, commercial, industrial, institutional and governmental collection services, the following regulations are applicable:

1. Customers shall be responsible for placing garbage, refuse, rubbish, recyclable materials and green waste containers at the curb line by five o'clock (5:00) A.M. on collection days at the location determined by the city. No collections at schools, churches, or those portions of commercial or industrial districts adjacent to residential neighborhoods shall be made prior to five o'clock (5:00) AM. or after six o'clock (6:00) P.M. Collections may be made at different hours subject to prior approval of the City Manager or City Council.

2. In all cases of dispute and complaints arising as to the place where the garbage, refuse, rubbish, recyclable materials and green waste bins or containers shall be placed awaiting removal thereof, the public works director shall forthwith designate the place for the same. The decision of the public works director may be appealed to the City Manager whose decision shall be final.

3. The lids of all containers shall be completely closed to prevent the spillage of contents during collection.
(B) Container Contents City Property: From the time of the placement of garbage, refuse, rubbish, recyclable materials, or green waste at the curbside, property line or other designated collection locations, or in any container used for recycling materials, green waste or other solid waste provided by the city, contract agent, licensee, franchisee or permittee, said recyclable materials or other solid waste shall be and become property of the city or city authorized agent. (C) Collection Interference: No person, other than city employees, or city contract agents shall interfere in any manner with any container, or the contents thereof, nor move any such container or remove the contents thereof, from the location where the container is placed. (D) Commercial Businesses, which inciudes Multi-Family Residential Dwellings, shall:

1. Except Commercial Businesses that meet the Self-Hauler requirements in Section 8-2-38 or which meet Waiver requirements listed in Section 8-2-34, be automatically enrolled in the City's two-container Organic Waste collection services with a Source Separated Green Container Organic Waste service level in addition to the existing solid waste container. The Commercial Business' Source Separated Green Container Organic Waste service level must be sufficient for the amount of Source Separated Green Container Organic Waste generated by the Commercial Business. The City shall have the right to review the number, size, and location of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Business shall adjust its service level as requested by the City.

2. Except Commercial Businesses that meet the Self-Hauler requirements in Section 8-2-38 of this Chapter or which meet Waiver requirements listed in Section 8-2-34, participate in and comply with the City two-container (Green Container and Black Container) collection service by placing designated materials in designated containers as described. Generator shall place Source Separated Green Container Organic Waste, including Food Waste, cardboard and paper, in the Green Container (or one labeled as for Organics); and Black Container Waste in the Black Container (or container labeled as such, or the container currently designated as the solid waste container). Generators shall not place materials {CW112614.6} -25-
designated for the Black Container into the Green Container, and shall not place materials designated for the Green Organics Container into the Black Container.

3. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Section 8-2-31, subdivision (D)(4)(a) and (b) below), for employees, contractors, tenants and customers, consistent with city's Green Container and Black Container collection service.

4. Excluding Multi-Family Residential Dwellings, where food and beverages are generated by the business and consumed onsite, provide containers to customers and employees for the collection of Source Separated Green Container Organic Waste, and Source Separated Recyclable Materials in all indoor and outdoor areas, if such materials are generated by the business or customers and employees. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
a. A body or lid that conforms with the container colors provided through the collection service provided by the City and pursuant to 14 CCR Section 18984. 7 for any new containers. A Commercial Business is not required to replace existing, functional containers, including containers purchased prior to January 1, 2022, or prior to January 1, 2036.
b. Container labels on any new containers purchased on or after January 1, 2022, that include language and/or graphic images indicating the primary material accepted and the primary materials prohibited in that container, pursuant to 14 CCR Section 18984.8.

5. Excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials to the extent practical through education, training, Inspection, and/or other measures to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

6. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.

7. Provide education information in a tenant's lease or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Black Container Waste (when applicable) and the location of containers and the rules governing their use at each property.

8.Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section 8-2-72 to confirm compliance with the requirements of this Cha[ter.

9. Accommodate and cooperate with City's or service provider's Remote Monitoring for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator's compliance with Section 5. Remote Monitoring shall involve the use of cameras on top of the service provider's trucks.

10. If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section 8- 2-38.
{CW112614.6} -26-

11. Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

12.Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 8-2-35. 8-2-32: MULTI-FAMILY RESIDENTIAL, COMMERCIAL, INDUSTRIAL, INSTITUTIONAL AND GOVERNMENTAL COLLECTION FREQUENCY:
(A) Collection Frequency: The collection of garbage, refuse, rubbish, recyclable materials, green waste or other solid wastes shall be made as many times per week as the City Manager, public works director or their designees may order from all multi-family residential units, industrial units, commercial units, institutional units and governmental units. (B) Collection Times: All customers shall place the collection containers at their city designated location not later than five o'clock (5:00) A.M. on the collection day, but not before four thirty o'clock (4:30) P.M. the preceding day.
(C) Empty Collection Containers: No empty solid waste collection container shall be allowed to remain at the curb after eight o'clock (8:00) P.M. on the collection day. 8-2-33: MUL Ti-FAMILY RESIDENTIAL, COMMERCIAL, INDUSTRIAL, INSTITUTIONAL AND GOVERNMENTAL COLLECTION CONTAINERS:
(A) Collection Containers: The city shall provide an automated can, dumpster, bin or other container (ranging in size from 2 cubic yards to 6 cubic yards) approved by the public works director for all multi-family residential dwelling units, industrial units, commercial units, institutional units, and governmental units. It shall be the duty of every person in possession, charge or control of any multi-family residential, commercial, industrial, institutional and governmental unit to obtain authorized refuse containers in sufficient number to contain all refuse accumulated during the intervals between scheduled collections. (B) Collection Container Lids: The lids of all containers shall be completely closed to prevent the spillage of contents during collection. Such cans shall be kept in a sanitary condition by the owners thereof and shall at all times be secure against access of flies to the contents thereof. (C) Collection Container Regulations: The following regulations shall apply to collections containers:

1. No live or hot coals, ashes, or other things, which can cause a fire in a collection vehicle shall be placed in or with any solid waste or recyclable material container set out for collection.

Cold ashes and coals placed for collection shall be contained in such a manner as to retard their blowing and flying or being emptied into the collection vehicle.

2. No human or animal excrement shall be placed for collection by the city, except that solid animal excrement may be placed in a solid waste container if securely wrapped in paper or nonporous wrapper, or contained in a closed bottle or can. (D) Container Location Disputes: In all cases of dispute and complaints arising as to the place where the garbage, refuse, rubbish, green waste containers or recycling containers shall be placed awaiting removal thereof, the public works director shall forthwith designate the place for the same. The decision of the public works director may be appealed to the City Manager whose decision shall be final.
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(E) Replacement Container: A customer will be provided a replacement automated container if the original container becomes unserviceable through no fault of the customer. If the automated container has been damaged by the customer, the city will provide a container upon payment by the customer.
(F) Container Storage: No garbage, refuse, rubbish containers or designated recyclable material or green waste containers shall be stored in the front yard or side yard on a street, unless the containers are screened from public view. No containers containing garbage, refuse, rubbish, green waste, other solid waste or recyclable material shall be stored or placed for collection within a public highway, walkway, roadway, or any other traveled way, except that alleys may be used for these purposes if such use does not interfere with the alley use by vehicles.
8-2-34. WAIVERS FOR GENERATORS
(A) De Minimis Waivers: The City may waive a Commercial Business' obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 8-2-34(A)(2) below. Commercial Businesses requesting a de minim is waiver shall:

1. Submit the SB 1383 Compliance form specifying the services that they are requesting a waiver from and provide documentation as noted in Section 8-2- 34(A)(2) below.

2. Provide documentation that either:
a. The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or,
b. The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Green Container comprises less than 10 gallons per week per applicable container of the business' total waste.

3. Notify the City if circumstances change such that Commercial Business's Organic Waste exceeds the threshold required for waiver, in which case waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every 5 years, if the City has approved de minimis waiver.
(B) Physical Space Waivers: The City may waive a Commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 8-2-31.

A Commercial Business or property owner may request a physical space waiver through the following process:
{CW112614.6} -28-

1. Submit the SB 1383 Compliance form specifying they are requesting an Organics compliance waiver.

2. Provide documentation that the premises lacks adequate space for Green Containers including documentation from its hauler, licensed architect, licensed engineer or by verification after a site visit from a city enforcement official.

3. Provide written verification to the City that it is still eligible for physical space waiver every five years, if the City has approved application for a physical space waiver. (c) Review and Approval of Waivers by the City Manager or their designee 8-2-35. REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS (A) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. (B)Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024. (C) Commercial Edible Food Generators shall comply with requirements Pursuant to 14 CCR Section 18991.3 and 18991.4, including:

1. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
ii. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that food will be collected or self-hauled. iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

2. No later than April of each year commencing no later than April 2023 for Tier One Commercial Edible Food Generators and April 2025 for Tier Two Commercial {CW112614.6} -29-
Edible Food Generators provide an annual Food Recovery report to the city that includes the information Section 8-2-35(C)
(D) Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
8-2-36. REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES, AND

REGIONAL AGENCIES
(A) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain records specified by 14 CCR Section 18991.5(a)(1) and Section 18991.5(a)(2).
(B) Food Recovery Organizations and Food Recovery Services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
(C) Food Recovery Organizations and Food Recovery Services that have their primary address physically located within the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than April of each year. (D) Food Recovery Capacity Planning

1. Food Recovery Services and Food Recovery Organizations shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.
8-2-37. REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS (A) Requirements for Haulers
1, Exclusive franchise hauler, Non-exclusive franchised haulers, Permitted haulers, and licensed haulers providing residential, Commercial, or industrial Organic Waste collection services to generators within the City's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:
{CW112614.6} -30-
a. Identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, and Source Separated Green Container Organic Waste.
b. Transport Source Separated Recyclable Materials, and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
c. ) Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, and this Code.

2. Exclusive franchise hauler, Non-exclusive franchised haulers, Permitted haulers, and licensed haulers authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with the City.

B. Requirements for Facility Operators and Community Composting Operations

1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the city's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.

2. Community Composting operators, upon the city's request, shall provide information to the city to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the city shall respond within 60 days.
8-2-38. SELF-HAULER REQUIREMENTS
A. Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that the city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

B. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste, Pursuant to 14 CCR Section 18988.3; this record shall be subject to Inspection by the city's enforcement official.
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C. A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information.
8-2-39: CONTAINERS FOR NEW CONSTRUCTION:

The following regulations shall apply to all new single-family, multi-family residential, commercial, industrial, institutional, and governmental new construction. (A) Builders Required To Provide Containers: Every contractor or builder engaged in the erection of a building or a structure shall provide sufficient containers at or near such building or structure so being erected or repaired, within which construction materials shall be deposited to be removed by persons engaged in such work of erection or repair. (B) Container Cost: On all developed parcels for multi-family residential uses, commercial uses, industrial uses, institutional uses and governmental uses not currently having solid waste collection service, the applicant for a building permit shall pay to the city the cost of providing the appropriate containers and bins.
8-2-40: SOLID WASTE TRANSPORTATION AND CLEANUP RESPONSIBILITY:

Until solid wastes are collected, the owner, occupant, or other person in charge of the day to day operation of each premises in the city shall be responsible for the immediate cleanup of any solid waste that is spilled, leaked, emptied, discarded or disposed of into the environment or which has otherwise come to be located outside the container. This responsibility applies as follows:
(A) Occupants: The owner, occupant, or other person in charge of the day to day operation of each premises, shall immediately undertake to clean up at the point in time when a spill or release has occurred due to any circumstances, whether by human or animal interference with the container, wind or other natural forces, or residual solid waste remaining following collection or removal.
(B) Transporters: Any person accumulating, collecting, or transporting solid wastes (including city crews) shall undertake immediate cleanup at the point in time when a spill or release has occurred due to the removal or transport of solid waste. (C) City Cleanup Expenses: Any and all costs and expenses incurred by the city or on the city's behalf in investigating and cleaning a spill or a release of solid waste not properly or timely cleaned up under this chapter by the owner, occupant or transporter or other responsible party, may be assessed against such responsible persons, including all administrative expenses and legal fees and costs incurred by the city in investigating and cleaning the spill or release. 8-2-41: UNAUTHORIZED USE OF COLLECTION CONTAINERS; TEMPORARY COLLECTION SERVICE LOCATIONS:
(A) Unauthorized Use Of Containers And Service Locations: No person shall deposit garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or other solid waste in the container of another person, or set out solid waste for collection at another person's service location, premises, building or lot. No customer shall permit or consent to another person depositing garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable material, green waste or other solid waste in his or her container or setting out the above items in this section for collection at his or her service location, premises, building or lot. {CW112614.6} -32-
(B) Temporary Service Locations: The city may establish temporary collection service locations where the city has knowledge of construction, demolition or other temporary obstacles that prevent the use or access to permanent service locations. 8-2-42: DISPOSAL BY TREE SURGEONS, PROFESSIONAL TREE TRIMMERS, AND LANDSCAPING SERVICE PROVIDERS:

Tree surgeons, professional tree trimmers and lawn and landscaping service providers shall haul away and dispose of all tree trimmings and other green waste accumulated by them to the city designated green waste recycling facility.
8-2-43: RIGHT TO ENTER PRIVATE PROPERTY FOR THE PURPOSE OF COLLECTION:

The city, contract agent, franchisee, licensee or permittee shall have the right to enter private courts or places or other private property of single-family dwellings, multi-family dwellings or commercial, industrial, institutional or governmental units to make collections authorized under this chapter.
8-2-44: MISREPRESENTATION IN APPLICATION OR SERVICE AGREEMENT:

It shall be unlawful to misrepresent a material fact in applying for solid waste services or in a service agreement. Material facts shall include the identity of the applicant as the owner of the property to be connected, and the purpose for which the solid waste service provided will be used.
8-2-45: CUSTOMER RESPONSIBILITY:

Customers are responsible for furnishing the city with their correct address. Failure to receive bills will not be considered a reason for nonpayment, nor permit an extension of the date at which time the account will be considered delinquent.
8-2-46: FORWARDING UNPAID SERVICE BALANCES:

Should a customer have an unpaid balance from a previous location, a forwarding balance will be added to the customer's present account.
8-2-47: DISCONTINUANCE OF SERVICE BY CUSTOMER:

Any user desiring to discontinue solid waste collection service shall notify the finance department. Any credit balance in favor of the user, as a result of a deposit or advance payment, shall be refunded promptly after receipt of the notice of discontinuance, except that an amount to be set by the City Council by resolution shall be retained by the finance department as a fee for turning off water service
8-2-48: SERVICE CHARGES:
(A) Charges Set By Resolution: Monthly customer collection charges for single-family units, multi-family units, commercial units, industrial units, institutional units and governmental units shall be set by resolution of the City Council. The City Council shall by resolution set the amount of charges, fees, and assessments that include, but are not limited to, the following:

1. Base rate or fixed component service charge.

2. Service charges other than the base rate.

3. Late fees.

4. Return check fees.

5. Franchise fee.

6. Penalty fee for unauthorized use of city accumulation, collection, transportation, storage, and disposal services.
{CW112614.6} -33-
(B) Separate Billings For Collocated Customers: Multi-family units, commercial units, industrial units, institutional units and governmental units occupying the same space in a building shall each be subject to the same established charges as if at separate locations as adopted by the City Council by resolution.
(C) Billing Duration Or Period: The City Manager shall determine the duration of the billing period and may change the duration of the billing period from time to time. If the due date is a Saturday, Sunday, or legal holiday, charges shall become delinquent at the close of business on the next business day after said Saturday, Sunday, or legal holiday. Postmarks will not be accepted as the date the payment was received.
(D) Unified Billing: Services for the accumulation, collection, handling, transporting, storage and disposal of garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or any other solid waste shall be billed under a unified bill which includes water and sewer collection charges and other charges as the City Council designates. Where the customer does not have a city utility bill, a separate bill for garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or any other solid waste shall be sent. (E) Unpaid Bills Are Liens: All unpaid accounts for the collection of garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or any other solid waste shall be a lien against the property.
(F) Penalties And Late Fees: If payment is not received within the billing period that the charge is made, the finance department may charge late fees and penalties as determined by resolution of the City Council. A dishonored check shall not be considered payment received. 8-2-49: FREE SERVICE PROHIBITED:

There shall be no free service rendered by the city and, if any local, state or federal government, or any department, agency or instrumentality thereof, or any other public body shall desire service to be rendered by the city, it shall apply for and receive such service pursuant to the city's ordinances, resolutions, policies, rules and regulations and shall pay for the same as established by resolution of the City Council.
8-2-50: APPLICATION OF UTILITY BILL PAYMENTS:

Any payments received by the city for the payment of utility bills shall be applied to the outstanding balances of services charges in the following order: a) fines, penalties, or assessments; b) charges for the accumulation, collection, transporting, storage and disposal of garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or any other solid waste; c) sewer charges; d) water charges.
8-2-51: MANDATORY SOLID WASTE SOURCE REDUCTION, DIVERSION AND RECYCLING:
(A) Recycling Required Under State Law: The city must by law be in compliance with assembly bill 939 (California integrated waste management act of 1989) as outlined in the California Public Resources Code section 40000 et seq. ("act"). This law requires all cities and counties to reduce the amount of waste going to the landfill by twenty-five percent (25%) by 1995 and fifty percent (50%) by the year 2000. Fines of up to ten thousand dollars ($10,000.00) per day may be levied by the state against the city for failure to meet these state-mandated recycling goals. To comply with the law and reduce waste going to the landfill, it is necessary {CW112614.6} -34-
that all existing and future residential, multi-family, industrial, commercial, institutional and governmental units and facilities implement plans to reduce and recycle all solid wastes. (B) Mandatory Source Reduction And Recycling Policies: The city has adopted mandatory source reduction and mandatory recycling policies as contained in this chapter and other policies, procedures, rules and regulations that may from time to time be issued or amended by the City Council or the City Manager.
8-2-52: MANDATORY RECYCLING FOR SINGLE-FAMILY DWELLING UNITS:
(A) Mandatory Recycling: All owners and occupants of single-family residential dwelling units are required to separate garbage, recyclable materials and green waste materials and place them in appropriate city approved containers as required under this chapter so that the city can meet its state mandate of fifty percent (50%) solid waste diversion under assembly bill 939 (California integrated waste management act of 1989) as outlined in the California Public Resources Code section 40000 et seq.
(B) Collection Subscription: The owners and occupants of all single-family dwelling units shall subscribe to the city curbside refuse, garbage, rubbish and recycling collection programs within seven (7) days of occupying their residential dwelling unit. (C) Commingling Of Recyclable Materials Prohibited: Commingling recyclable materials in the same container as garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, or any other nonrecyclable solid waste shall be an infraction punishable by a fine or penalty set by resolution of the City Council.
(D) Source Reduction And Recycling Education: The city will work with the owners and occupants of single-family residential units to encourage solid waste source reduction, diversion and recycling. Such city activities may include sending out notices, advertising in local publications, conducting workshops, obtaining formal commitments from residential owners, policing diversion rates, establishing penalties and taking enforcement actions for failing to comply with the solid waste reduction, diversion and recycling programs of the city. (E) Fines And Penalties: The City Council may establish fines and penalties by resolution for failure to engage in recycling or placing garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials or green waste in the same container. 8-2-53: MANDATORY RECYCLING FOR MULTI-FAMILY, COMMERCIAL, INDUSTRIAL, INSTITUTIONAL AND GOVERNMENTAL UNITS:
(A) Mandatory Recycling: All owners, managers and occupants of multi-family, commercial, industrial, institutional and governmental units and facilities are required to separate garbage, recyclable materials and green waste materials and place them in appropriate city approved containers as required under this chapter so that the city can meet its state mandate of fifty percent (50%) solid waste diversion under assembly bill 939 (California integrated waste management act of 1989) as outlined in the California Public Resources Code section 40000 et seq.
(B) Collection Subscription: All owners or managers of multi- family, commercial, industrial, institutional and governmental units and facilities must subscribe to the city's garbage and recycling collection program within seven (7) days of occupancy of their units. (C) Container Location: All owners or managers of multi-family, industrial, commercial, institutional and governmental units and facilities shall provide a location for the placement of {CW112614.6} -35-
recycling containers that are convenient for tenants and approved by the city. Containers must be on a concrete pad so that container wheels will roll and in a location that will allow collection trucks to pick up the container contents without having a city employee roll out the container from the storage area.
(D) Container Contamination: It is unlawful for the owner or manager of a multi-family, industrial, commercial, institutional or governmental unit or facility, to have unrecyclable material present in any recyclable materials container or green waste container serving their complex, business, institution, organization or unit.
(E) Source Reduction And Recycling Education: The city will work with the owners, managers of multi-family, commercial, industrial, institutional and governmental units and facilities to encourage solid waste source reduction, diversion and recycling. Such city activities may include sending out notices, advertising in local publications, conducting workshops, obtaining formal commitments from businesses and institutions to recycle, policing diversion rates, establishing fines and penalties, identifying multi-family, commercial, industrial, institutional and governmental units that fail to comply with the solid waste reduction, diversion and recycling programs of the city and taking enforcement actions. (F) Fines And Penalties: The City Council may establish fines and penalties by resolution for failure to engage in recycling or placing garbage or recyclable materials in the same container. 8-2-54: SOURCE REDUCTION AND RECYCLING PLANS REQUIRED:
(A) Source Reduction And Recycling: By a date designated by the city, all existing multifamily, commercial, industrial, institutional and governmental units and facilities as well as other developments over five thousand (5,000) square feet shall design and implement city approved source reduction/recycling plans for white paper, computer paper, glass, cans, cardboard, paper products, animal carcasses, animal byproducts, and other recoverable materials as determined by the city, state of California or federal government. (B) New Development: All new development, new multi-family, commercial, industrial, institutional and governmental units and facility occupancies requiring city approval, and physical expansions of buildings or uses exceeding five thousand (5,000) square feet shall submit to the city a source reduction/recycling plan addressing white paper, computer paper, glass, cans, cardboard, paper products and other recoverable materials as determined by the city, state of California or federal government. The proposed source reduction/recycling plan shall be submitted for approval to the city at the time of filing a development application. (C) Multi-Family Development Common Areas: Multi-family residential development of any size shall include a plan for recycling of recyclable materials and green waste in the design of common areas.
(D) Source Reduction And Reporting: Any licensee, franchisee, permittee or contract agent acting pursuant to this chapter or contract with the city shall provide and implement a source reduction/recycling plan for its customers to comply with state law and the programs specified in the city for source reduction and recycling plans, and submit monthly (or as otherwise determined by the city) reports to the city summarizing its progress in diverting solid waste generated by its customers in the city as required by the California Public Resources Code sections 41780 and 41821. The reports must identify the tonnage collected, tonnage recycled, tonnage composted, percent of waste recycled and/or composted, materials recycled, and the progress and programs implemented during the reporting period. (E) Fees: The City Council may establish fees by resolution to review and approve source reduction/recycling plans.
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8-2-55: MANDATORY RECYCLING OF CONSTRUCTION AND DEMOLITION WASTE:
(A) Threshold For Covered Projects: The threshold for mandatory recycling of construction and demolition waste is as follows:

1. All construction and renovation projects within the city, the valuation of which are, or are projected to be, greater than or equal to twenty thousand dollars ($20,000.00) shall comply with this chapter. The cost of the project shall be the valuation ascribed to the project by the city's building official or the city's public works director. In addition, all demolition projects having a total square footage of more than one thousand (1,000) shall be a covered project. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of enforcement mechanisms as set forth in this chapter.

2. All city sponsored construction and renovation projects within the city, the costs of which are, or are projected to be, greater than or equal to twenty thousand dollars ($20,000.00) shall comply with this chapter. The cost of the project shall be the valuation ascribed to the project by the city's building official or the city's public works director. In addition, all city sponsored demolition projects having a total square footage of more than one thousand (1,000) shall be a covered project. These city sponsored covered projects shall submit a recycling plan to the designated compliance official prior to beginning any construction activities and shall be subject to all applicable provisions of this chapter with the exception of enforcement mechanisms and penalties as set forth in this chapter.

3. Applicants for construction, demolition and renovation projects within the city whose total costs are valued at less than twenty thousand dollars ($20,000.00) shall be encouraged to divert at least fifty percent (50%) of all project related construction and demolition debris.

4. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project. (B) Recycling Plan Application Forms: Applicants for building or demolition permits involving any covered project shall complete and submit a recycling plan on a recycling plan form approved by the city for this purpose as part of the application for the building demolition permit.

The completed recycling plan shall indicate all of the following:

1. The estimated volume or weight of such materials that can feasibly be diverted via reuse or recycling.

2. The maximum weight of such materials that can feasibly be diverted via reuse or recycling.

3. The vendor or facility that the applicant proposes to use to collect or receive that material.

4. The estimated volume or weight of construction and demolition debris that will be landfilled. In estimating the volume or weight of materials identified in the recycling plan, the applicant shall use the standardized conversion rates approved by the city for this purpose. (C) Recycling Plan Review:

1. Notwithstanding any other provision of this code, no building or demolition permit shall be issued for any covered project unless and until the city has approved the recycling plan.

Approval shall not be required, however, where an emergency demolition is required to protect public health or safety as determined by the city.
{CW112614.6} -37-

2. If the city determines that the recycling plan is incomplete or fails to indicate that at least fifty percent (50%) by weight of all construction and demolition debris is generated by the project, the recycling plan shall be returned to the applicant and marked "denied" or "further explanation required".
(D) Compliance With Recycling Plan: Prior to receiving a certificate of occupancy or final inspection for the project, the applicant shall submit to the city documentation that the diversion requirement for the project has been met. The diversion requirement shall be that the applicant has diverted at least fifty percent (50%) of the total construction or demolition debris generated by the project via reuse or recycling, unless the applicant has been granted an infeasible exemption pursuant to this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the city for the project. This documentation shall include all of the following:

1. Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material.

2. A copy of the previously approved recycling plan for the project adding the actual volume or weight of each material diverted and landfilled.

3. Any additional information that the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.
(E) Weighing Of Wastes: Applicants shall make reasonable efforts to ensure that all construction and demolition debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not practical due to the small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose.
(F) Determination Of Compliance: The city shall review the information submitted under the provisions of this chapter and determine whether the applicant has complied with the diversion requirement, as follows:

1. Full Compliance: If the city determines that the applicant has fully complied with the diversion requirements applicable to the project, the city shall approve the recycling plan and inform the building official that a certificate of occupancy or final inspection can be issued.

2. Substantial Compliance: If the city determines that the diversion requirement has not been achieved, or the city has determined on a case by case basis whether the applicant has made a good faith effort to comply with this chapter. In making this determination, the city shall consider the availability of markets for the construction and demolition debris landfilled, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris. If the city determines that the applicant has made a good faith effort to comply with this chapter, the city shall approve the recycling plan and inform the building official that a certificate of occupancy or final inspection can be issued.

3. Noncompliance: If the city determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by this chapter within the required time period, then the applicant shall pay a penalty in the amount calculated as two percent (2%) of the total project valuation. After payment of the penalty, the {CW112614.6} -38-
city shall inform the building official that a certificate of occupancy or final inspection can be issued.
(G) Falsification Of Records: If the applicant deliberately provides false or misleading data to the city in violation of this chapter, the applicant may be subject to penalties in addition to those specified in this chapter. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorney fees and costs from an applicant who is determined by a court of competent jurisdiction to have violated this chapter. (H) Infeasible Exemption: The following procedures will be used in applying for an infeasible exemption under this section.

1. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time he or she submits the recycling plan required under subsection (B) of this section. The applicant shall indicate on the recycling plan the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

2. The city shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways to meet the diversion requirement. The city may request that staff from appropriate county, state and federal agencies assist in providing information and in the review process.

3. If the city determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the recycling plan submitted by the applicant. The city shall return a copy of the recycling plan to the applicant marked "Approved For Infeasible Exemption" and shall notify the building official and the public works director that the recycling plan has been approved.

4. If the city determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have thirty (30) days to resubmit a recycling plan form in full compliance with subsection (B) of this section.

If the applicant fails to resubmit the recycling plan, or if the resubmitted recycling plan does not comply with subsection (B) of this section, the city shall deny the recycling plan in accordance with the chapter.
(I) Appeals: An appeal to the decision made by a city staff member may be made to the City Manager not longer than ten (10) calendar days after the city staff member's decision. The decision of the City Manager shall be final. The applicant must specifically state in notice of appeal the following:

1. The name and address of the appellant and the appellant's interest in the decision.

2. The nature of the decision appealed and/or the conditions appealed.

3. A clear and complete statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed are unjustified or inappropriate.

4. Specific facts of the matter in sufficient detail to notify the city. The appeal shall not be stated in generalities.
(I) Civil Penalties And Enforcement: If the city staff member, or upon appeal, the City Manager determines that the applicant is in noncompliance as described in this chapter, the {CW112614.6} -39-
applicant shall pay a civil penalty in the amount calculated at two percent (2%) of the total project valuation. Until the civil penalty is paid, a certificate of occupancy may be withheld by the building official. The city attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the city. 8-2-56: COLLECTION OF RECYCLABLE MATERIALS BY CONTRACT, LICENSE, FRANCHISE OR PERMIT ALLOWED:
(A) City Council Agreements To Collect Recyclable Materials: The City Council may grant contracts, licenses, franchises, permits or enter into agreements with any person, firm, or corporation for the collection, processing, and marketing of recyclable materials from designated collection locations within the city limits upon such terms and conditions as the City Council may from time to time determine to be in the best interest of the city, and consistent with the provisions of state and federal law. In such event it shall be unlawful for any person, firm, or corporation other than the licensed, franchised or permitted contractor to collect, process, or market recyclable materials. Such contract, license, franchise, permit or agreement may be revoked at any time by the City Council at its sole discretion. (B) Disposal Of Recyclable Materials: Nothing in the chapter shall limit the right of an individual to donate, sell, or otherwise dispose of his or her recyclable materials from his or her residential dwelling unit or shall limit the right of community nonprofit organizations (e.g., schools, churches, youth groups) to collect such donations. 8-2-57: EMERGENCY REMOVAL OF SOLID WASTES:

Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the city to constitute a health menace of such nature as necessary to be promptly removed. Such removal shall be reported in writing to the City Manager and public works director by the contract agent, franchisee, licensee, permittee within twenty-four (24) hours of the incident.
8-2-58: COMMERCIAL AND INDUSTRIAL MATERIAL RECOVERY FACILITIES AND RECYCLING STATIONS:

It shall be unlawful for any person to commence, expand or engage in the business of owning, operating, managing or maintaining a commercial or industrial material recovery facility or recycling station within the city unless such person has received a contract, license, franchise or permit from the City Council and complies with the provisions of this section and all other laws and regulations of the federal government, state government, and city of Livingston. (A) Contract, License, Franchise Or Permit Duration: Any contract, license, franchise or permit issued by the City Council shall be for a period of no longer than one year. The City Council in its sole and unconditional discretion may renew, renew with conditions or decide not to renew the permit, license, franchise or permit each year. (B) Licenses Required: All brokers, collectors and all other persons and firms doing business with commercial and industrial recovery facilities and recycling stations must have licenses from the city.
(C) Diversion And Recycling Reports: Once each month or other time designated by the city and on a day to be designated by the city, every material recovery facility and recycling station located within the city shall report to the City Manager or his or her designee, the volume in tons of each of the following categories of materials which have been received by that material recovery facility or recycling station since the last report, from any source within the city:

1. Metal (including aluminum cans, other cans and scrap metals). {CW112614.6} -40-

2. Glass (including both colored glass and clear glass).

3. Paper products (including, but not necessarily limited to, newspaper, cardboard, and other paper products).

4. Plastics (including California redemption value (CRV) plastics and non-California redemption value (CRV) plastics).
(D) Other Reports: Once each month or other time designated by the city, and on a day to be designated by the city, every material recovery facility and recycling station within the city limits shall report to the City Manager or his or her designee, the amount in tons of the recyclable materials which, the material recovery facility or recycling station has sent out of the city to the following destinations:

1. Any landfill.

2. Any secondary recycling location (recycled scrap metal dealer, metal fabricator, paper mill, etc.).

3. Other locations including, but not limited to, any facility that has the intention of burning the recyclable materials.
(E) Transportation And Cleanup: Any person engaged in such a business shall comply with the provisions of this chapter in regard to the transportation and cleanup of recyclable materials on city streets.
(F) Importation Of Materials Or Waste Prohibited: Any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial material recovery facility or recycling station shall not import to their facility for processing any materials or waste from outside the city limits. (G) Franchise Fee: The City Council hereby establishes a franchise fee of fifteen percent (15%) of gross revenues for any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial material recovery facility or recycling station within the city.
(H) Late Fees And Penalties: The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.
(I) Legal Compliance: Any person owning, operating, managing or maintaining a material recovery facility or recycling station within the city shall only operate the material recovery facility or recycling station on a parcel that has received site plan approval from the city and shall comply with all zoning, other applicable ordinances and land use regulations of the city of Livingston.
8-2-59: COMMERCIAL AND INDUSTRIAL CONSTRUCTION RUBBISH FACILITIES:

It shall be unlawful for any person to commence, expand or engage in the business of owning, operating, managing or maintaining any commercial or industrial facility which has a purpose engaging in any business which accumulates, collects, transports, stores or disposes of construction rubbish within the city unless such person has received a contract, license, franchise or permit from the City Council, and complies with the provisions of this section and all other laws, regulations of the federal government, state government and City of Livingston. (A) Contract, License, Franchise Or Permit Duration: Any contract, license, franchise or permit issued by the City Council shall be for a period of no longer than one year. The City {CW112614.6} -41-
Council in its sole and unconditional discretion may renew, renew with conditions or decide not to renew the permit, license, franchise or permit each year. (B) Licenses Required: All brokers, collectors and all other persons and firms doing business with commercial and industrial construction rubbish facilities must have licenses from the city. (C) Reports: Once each month or other time designated by the city and on a day designated by the city, each such business that is located within the city shall report the construction rubbish that the business has collected within the city limits and which it has then disposed of in each of the following manners:

1. Deposited in any landfill.

2. Buried in any location other than a landfill or incinerated.

3. Deposited at any location which has the intention of recycling the construction rubbish, including, but not limited to, any concrete plant, asphalt plant or any location which intends to reuse directly any of the materials within the construction rubbish. (D) Transportation And Cleanup: Any person engaged in such a business shall comply with the provisions of this chapter in regard to the transportation and cleanup of construction rubbish on city streets.
(E) Importation Of Construction Rubbish Prohibited: Any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial construction rubbish waste facility shall not import to their facility for processing any construction rubbish from outside the city limits.
(F) Franchise Fee: The City Council hereby establishes a franchise fee of fifteen percent (15%) of gross revenues for any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial construction rubbish facility within the city.
(G) Late Fees And Penalties: The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.
(H) Legal Compliance: Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of construction rubbish within the city shall only operate the facility on a parcel that has received site plan approval from the city and shall comply with all zoning, other applicable ordinances and land use regulations of the city of Livingston.
8-2-60: COMMERCIAL AND INDUSTRIAL HOUSEHOLD HAZARDOUS WASTE FACILITIES:

It shall be unlawful for any person to commence, expand or engage in the business of owning, operating, managing or maintaining any commercial or industrial facility which has as a purpose engaging in any business which accumulates, collects, removes, transports, stores or disposes of household hazardous waste within the city unless such person has received a contract, license, franchise or permit from the City Council, and complies with the provisions of this section and all other laws and regulations of the federal government, state government and the city of Livingston.
(A) Contract, License, Franchise Or Permit Duration: Any contract, license, franchise or permit issued by the City Council shall be for a period of no longer than one year. The City {CW112614.6} -42-
Council in its sole discretion may renew, renew with conditions or decide not to renew the permit, license, franchise or permit each year.
(B) Licenses Required: All brokers, collectors and all other persons and firms doing business with commercial and industrial household hazardous waste facilities must have licenses from the city.
(C) Reports: Once each month, or other time designated by the city and on a day to be designated by the city, each such business which is located within the city shall report to the City Manager or his or her designee, the volume, in tons, of the household hazardous waste which the business has collected within the city limits and which it has then disposed of in each of the following manners:

1. Deposited at any landfill.

2. Buried in any location other than a landfill or incinerated.

3. Deposited at any location which has the intention of recycling the household hazardous waste.
(D) Transportation And Cleanup: Any person engaged in such a business shall comply with the provisions of this chapter in regard to the transportation and cleanup of household hazardous waste on city streets.
(E) Importation Of Household Hazardous Waste Prohibited: Any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial household hazardous waste facility shall not import to their facility for processing any household hazardous waste from outside the city limits. (F) Franchise Fee: The City Council hereby establishes a franchise fee of fifteen percent (15%) of gross revenues for any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial household hazardous waste facility within the city.
(G) Late Fees And Penalties: The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.
(H) Legal Compliance: Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of household hazardous waste within the city shall only operate the facility on a parcel that has received site plan approval from the city and shall comply with all zoning, other applicable ordinances and land use regulations of the city of Livingston. 8-2-61: COMMERCIAL AND INDUSTRIAL HAZARDOUS WASTE FACILITIES:

It shall be unlawful for any person to commence, expand and engage in the business of owning, operating, managing or maintaining any commercial or industrial facility which has as a purpose engaging in any business which accumulates, collects, transports, stores or disposes of hazardous waste within the city unless such person has received a contract, license, franchise or permit from the City Council and complies with the provisions of this section and all other laws and regulations of the federal government, state government and City of Livingston. (A) Contract, License, Franchise Or Permit Duration: Any contract, license, franchise or permit issued by the City Council shall be for a period of no longer than one year. The City {CW112614.6} -43-
Council in its sole and unconditional discretion may renew, renew with conditions or decide not to renew the permit, license, franchise or permit each year. (B) Licenses Required: All brokers, collectors and all other persons and firms doing business with commercial and industrial hazardous waste facilities must have licenses from the city. (C) Reports: Once each month or other time designated by the city, and on a day to be designated by the city, each such business which is located within the city shall report to the City Manager or his or her designee, the volume, in tons, of the hazardous wastes which the business has collected within the city limits and which it has then disposed of in each of the following manners:

1. Deposited at any landfill.

2. Buried in any location other than a landfill or incinerated.

3. Deposited at any location which has the intention of processing or recycling the hazardous waste, including, but not limited to, any recycling of motor oil, insecticides or other agricultural chemicals.
(D) Transportation And Cleanup: Any person engaged in such a business shall comply with the provisions of this chapter in regard to the transportation and cleanup of hazardous waste on city streets.
(E) Importation Of Commercial And Industrial Hazardous Waste Prohibited: Any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial hazardous waste facility shall not import to their facility for processing any hazardous waste from outside the city limits. (F) Franchise Fee: The City Council hereby establishes a franchise fee of fifteen percent (15%) of gross revenues for any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial hazardous waste facility within the city.
(G) Late Fees And Penalties: The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.
(H) Legal Compliance: Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of hazardous waste within the city shall only operate the facility on a parcel that has received site plan approval from the city and shall comply with all zoning, other applicable ordinances and land use regulations of the City of Livingston.
8-2-62: COMMERCIAL AND INDUSTRIAL INFECTIOUS WASTE AND LIQUID INDUSTRIAL WASTE FACILITIES:

It shall be unlawful for any person to commence, expand or engage in the business of owning, operating, managing or maintaining any commercial or industrial facility which has as a purpose engaging in any business which accumulates, collects, transports, stores or disposes of infectious wastes or liquid industrial wastes within the city of Livingston unless such person has received a contract, license, franchise, or permit from the City Council and complies with the provisions of this section and all other laws and regulations of the federal government, state government and the city of Livingston.
{CW112614.6} -44-
(A) Contract, License, Franchise Or Permit Duration: Any contract, license, franchise or permit issued by the City Council shall be for a period of no longer than one year. The City Council in its sole and unconditional discretion may renew, renew with conditions or decide not to renew the permit, license, franchise or permit each year. (B) Licenses Required: All brokers, collectors and all other persons and firms doing business with commercial and industrial infectious waste and liquid industrial waste facilities must have licenses from the city.
(C) Reports: Once each month or other time designated by the city, on a day to be designated by the city, each such business which is located within the city shall report to the City Manager or his or her designee, the volume, in tons, of the infectious wastes or liquid industrial wastes which the business has collected within the city limits and which ii has then disposed of in each of the following manners:

1. Deposited at any landfill.

2. Buried in any location other than a landfill or incinerated.

3. Deposited at any location which has the intention of recycling the infectious waste or liquid industrial waste, including, but not limited to, any processing or recycling of animal carcasses or animal byproducts.
(D) Records: Any person accumulating, collecting, transporting, storing and disposing of animal carcasses, animal byproducts or animal parts shall keep the following records and submit them monthly to the City Manager or his or her designee:

1. Source of all animal carcasses, animal byproducts or animal body parts.

2. Name, address and phone number of the person, firm, business or organization from which the animal carcasses, animal byproducts or animal body parts originated.

3. Name, address and phone number of the person, firm, business or organization accumulating, collecting and transporting animal carcasses, animal byproducts or animal body parts.

4. Destination of all animal carcasses, animal byproducts or animal body parts.

5. Name, address and phone number of the person, firm, business or organization to which the animal carcasses, animal byproducts or animal body parts were sent.

6. Other information requested by the city.
(E) Transportation And Cleanup: Any person engaged in such a business shall comply with the provisions of this chapter in regard to the transportation and cleanup of infectious waste and liquid industrial waste on city streets. Vehicles used shall meet the following specifications in addition to the vehicle specifications in other parts of this chapter:

1. All vehicles used for the collection and transportation of waste in a liquid form shall be equipped with a reliable tank content indicator, shall be watertight and have watertight covers on the manholes and fittings.

2. All discharge valves or gates shall be operated from the valves and gates themselves and not by controls within the cab or truck. Contents shall be discharged through a closed line without spilling or splashing and all valves shall shut tightly without difficulty. The discharge line shall be equipped with a leakproof cap which shall be fitted over the outlet pipe at all times, {CW112614.6} -45-
except when the contents of the tank are being discharged. The cap shall be securely attached to the vehicle by a chain or similar device approved by the city.

3. All pumps shall be leakproof and all lines used for pumping and cleaning of the waste disposal system shall be furnished by the contract agent, licensee, franchisee or permittee. (F) Importation Of Infectious Waste And Liquid Industrial Waste Prohibited: Any person that commences, expands, or engages in the business of owning, operating, managing or maintaining a commercial or industrial infectious waste or liquid industrial waste facility shall not import to their facility for processing any infectious waste or liquid industrial waste from outside the city limits.
(G) Slaughtering Prohibited: No person shall slaughter an animal at a rendering plant, receiving plant, tallow plant, protein reduction plant or similar facility. (H) Processing, Selling, Or Storing Meats For Human Consumption: No person shall give, sell, offer for sale, process, transport or deliver to any person for human consumption meat obtained from a dead animal.
(I) Franchise Fee: The City Council hereby establishes a franchise fee of fifteen percent (15%) of gross revenues for any person that commences, expands or engages in the business of owning, operating, managing or maintaining commercial or industrial infectious waste or liquid industrial waste facilities within the city.
(J) Late Fees And Penalties: The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.
(K) Legal Compliance: Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of infectious waste or liquid industrial waste within the city shall only operate the facility on a parcel that has received site plan approval from the city and shall comply with all zoning, other applicable ordinances and land use regulations of the city of Livingston. 8-2-63: COMMERCIAL AND INDUSTRIAL GREEN WASTE FACILITIES:

It shall be unlawful for any person to commence, expand, or engage in the business of owning, operating, managing or maintaining any commercial or industrial facility which has as a purpose engaging in any business which accumulates, collects, transports, stores or disposes of green waste within the city unless such person has received a contract, license, franchise, or permit from the City Council and complies with the provisions of this section and all other laws and regulations of the federal government, state government and the city of Livingston. (A) Contract, License, Franchise Or Permit Duration: Any contract, license, franchise or permit issued by the City Council shall be for a period of no longer than one year. The City Council in its sole discretion may renew, renew with conditions or decide not to renew the permit, license, franchise or permit each year.
(B) Reports: Once each month or other time designated by the city, and on a day designated by the city, each such business which is located within the city shall report to the city, the volume, in tons, of the green waste which the business has collected within the city limits and which it has then disposed of in each of the following manners:

1. Deposited in any landfill.
{CW112614.6} -46-

2. Deposited at any location which has the intention of burning the green wastes, including, but not limited to, any cogeneration plant.

3. Deposited in other locations, including, but not limited to, any facility which had the intention of recycling the material for reuse (including, but not limited to, reuse by any form of composting or co-composting or as fertilizer or as soil amendments). (C) Transportation And Cleanup: Any person engaged in such a business shall comply with the provisions of this chapter in regard to the transportation and cleanup of green waste on city streets.
(D) Importation Of Green Waste Prohibited: Any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial green waste facility shall not import to their facility for processing any green waste from outside the city limits.
(E) Franchise Fee: The City Council hereby establishes a franchise fee of fifteen percent (15%) of gross revenues for any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial green waste facility within the city.
(F) Late Fees And Penalties: The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.
(G) Legal Compliance: Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of green waste within the city shall only operate the facility on a parcel that has received site plan approval from the city and shall comply with all zoning, other and applicable ordinances and land use regulations of the city of Livingston.
8-2-64: INDEMNIFICATION, INSURANCE AND BONDS:
(A) Indemnification: All city contract agents, licensees, franchisees and permittees shall indemnify and hold harmless the city and its elected officials, appointed officials, officers, employees and volunteers from any claims, suits, actions, demands, damages, losses, asserted against the city caused by the wilful or negligent act or omissions, on account of the operations of the city contract agent, licensee, franchisee or permittee. (B) Insurance: The contract agent, licensee, franchisee or permittee shall provide and maintain in effect, general liability bodily injury, property damage and environmental liability insurance with limits in an amount approved by the City Manager and the city attorney and as set forth in the city contract, license, franchise or permit granted by the City Council. The city contract agent, licensee, franchisee or permittee shall have the city, its elected officials, appointed officials, officers, employees and volunteers named as additional insured under each of the aforementioned policies, and such policies shall be endorsed by the insurance carrier to require thirty (30) days' written notice to the city prior to any cancellation thereof. The city contract agent, licensee, franchisee or permittee shall furnish to the city policy endorsements evidencing that the insurance required hereunder is in effect and such policy endorsements shall be in a form approved by the city attorney.
(C) Performance Bond: A person engaged in performing such collection services shall file a performance bond in favor of the city in the sum and form approved by the City Manager and city attorney to guarantee the faithful performance and compliance with the terms and conditions of city ordinances and the contract between the business and the city. {CW112614.6} -47-
8-2-65: INDEPENDENT CONTRACTOR:

All contract agents, franchisees, licensees and permittees shall, at all times, act as an independent contractor, and neither the contract agent, franchisee, licensee or permittee, his or her agents or employees, shall be considered agents or employees of the city. Further, the contract agent, franchisee, licensee or permittee shall have no authority to bind the city, in any manner or on any matter, whatsoever.
8-2-66: CONTRACTS, FRANCHISES, LICENSES OR PERMITS NOT ASSIGNABLE:

Any city contract, franchise, license or permit issued pursuant to this chapter shall not be assignable to any person whomsoever except by the written consent of the City Council. Upon a discontinuance of business by the person to whom such contract, license, franchise or permit is awarded, such license, franchise or permit shall be immediately taken up by the public works director or his or her designee.
8-2-67: REVOCATION OF CITY CONTRACT, FRANCHISE, LICENSE OR PERMIT:
(A) Grounds For Revocation: A city contract, franchise, license or permit to accumulate, collect, transport, store or dispose of garbage, refuse, rubbish, hazardous waste, household hazardous waste, construction rubbish, infectious waste, liquid industrial waste, recyclable materials, green waste materials or any other solid waste materials under the provisions of this chapter may be revoked for the following reasons:

1. Violations of the provisions or the conditions of the city contract, franchise, license or permit issued by the city.

2. Violations of federal Jaw, state law, city ordinances (including the city's business license ordinance and zoning ordinance), federal regulations or state regulations.

3. Improper or unsanitary accumulation, collection, transportation, storage and disposal of solid waste.

4. Failure to control odors and violations of environmental regulations.

5. Failure to meet the solid waste diversion requirements of assembly bill 939 (California integrated waste management act of 1989) as outlined in the California Public Resources Code section 40000 et seq.

6. Failure to report on time or to submit complete, accurate reports required by the city or state of California.
(B) Revocation Procedures: The public works director may revoke a contract, franchise, license or permit by issuing a written order to the contract agent, franchisee, licensee or permittee. The order shall state the grounds for such revocation, and that if proof of compliance is not provided to the public works director within fourteen (14) calendar days from the date of the written order, the contract, franchise, license or permit will be revoked thirty (30) days from the date the written order was mailed. The order shall be mailed by certified mail to the contract agent, franchisee, licensee or permittee. The written order shall be subject to appeal to the City Manager if the appeal is made within fourteen (14) days from the date of the written order. Upon revocation of a permit, the contract agent, franchisee, licensee or permittee shall cease all services subject to the permit within thirty (30) calendar days from the date the order is mailed by the City Manager. The City Manager may adopt regulations to implement the provisions of this section.
8-2-68: FEES, FRANCHISES, PERMITS AND LICENSES:
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(A) Fees: In accordance with division 30, part 1, chapter 1 of the Public Resources Code section 40000 et seq., and other applicable law, the City Council by resolution may levy fees within the city for solid waste collection and management purposes, including, but not limited to, implementation of an integrated waste management plan; inspection, auditing, review and planning for solid waste, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste, and all other solid waste releases and spills.

Such fees may include, but not be limited to, fees for the costs of preparing and implementing source reduction and recycling elements; household hazardous waste elements, nondisposal facility elements and integrated waste management plans. (B) Fee Waiver: The City Council may, at its discretion, waive any franchise, permit, or license fees, including, but not limited to, collectors of green waste. The City Council may exempt nonprofit charities registered with the attorney general of the state of California from contract, franchise, license, and permit requirements.
8-2-69. COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS A. Persons applying for a permit from the city for new construction and building additions and alternations shall comply with required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the city.

Project applicants shall refer to the latest addition of the CALGreen Building code requirements or other City of Livingston local municipal code requirements.

B. For projects covered by CALGreen or more stringent requirements of the City, the applicants must, as a condition of the city's permit approval, comply with the following:

1. Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Green Container materials, consistent with the two container collection program offered by the City, or comply with provision of adequate space for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

2. New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Green Container materials, consistent with the two container collection program offered by the City, for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate container space effective January 1, 2020.

3. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with the city's C&D ordinance, and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
{CW112614.6} -49-
8-2-70. WATER EFFICIENT LANDSCAPE AND IRRIGATION ORDINANCE REQUIREMENTS (A) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(8) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section.
(B) The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this Chapter. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7. (C) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8-2-70(A) above shall:

1. Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
b. For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

2. The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8-2- 70-(A) shall consult the full MWELO for all requirements. (D) If, after the adoption of this Chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(8) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2. 7 shall be enforced. {CW112614.6} -50-
8-2-71. PROCUREMENT REQUIREMENTS FOR JURISDICTION DEPARTMENTS, DIRECT

SERVICE PROVIDERS, AND VENDORS
City departments, and direct service providers to the City, as applicable, must comply with the City's Recovered Organic Waste Product procurement policy and Recycled-Content Paper procurement policy.
8-2-72: RIGHT OF ENTRY FOR INSPECTION AND RECORDS EXAMINATION:
(A) City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Chapter. This Section does not allow the city to enter the interior of a private residential property for Inspection. (B) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described. (C) Any records obtained by the city during its Inspections:, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(D) City representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
(E)The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. 8-2-73. ENFORCEMENT
{A) Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City Enforcement Official or representative.

Enforcement Actions under this Chapter are issuance of an administrative citation and assessment of a fine pursuant to Chapter 18 of Title 1 of this Code. The city's procedures on imposition of administrative fines pursuant to Chapter 18 of Title 1 of this Code shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter.
(B) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources. (C) Responsible Entity for Enforcement
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1. Enforcement pursuant to this Chapter may be undertaken by the city's Enforcement Official, which may be the City Manager or their designee, legal counsel, or combination thereof.
(D) Process for Enforcement

1. The City Enforcement Official will monitor compliance with this Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 8-2-72 establishes city's right to conduct Inspections and investigations.

2. The city may issue an official notification to notify regulated entities of its obligations under the Chapter.

3. For incidences of Prohibited Container Contaminants found in containers, the city or its designee will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within three (3) days after determining that a violation has occurred. If the city observes Prohibited Container Contaminants in a generator's containers on more than two (2) consecutive occasion(s), the city may assess contamination processing fees or contamination penalties on the generator.

4. With the exception of violations of generator contamination of container contents addressed under Section 8-2-73 (D)(3) the city shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.

5.Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the city shall commence an action to impose penalties, via an administrative citation and fine pursuant to Chapter 18 of Title 1 of this Code.; Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information (E) Penalty Amounts for Types of Violations
The penalty levels are as follows:

1. For a first violation, the amount of the base penalty shall be $100 per violation.

1. For a second violation, the amount of the base penalty shall be $200 per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be $500 per violation.
(F) Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
{CW112614.6} -52-

1. The nature, circumstances, and severity of the violation(s).

2. The violator's ability to pay.

3. The willfulness of the violator's misconduct.

4. Whether the violator took measures to avoid or mitigate violations of this chapter.

5. Evidence of any economic benefit resulting from the violation(s).

6. The deterrent effect of the penalty on the violator.

7. Whether the violation(s) were due to conditions outside the control of the violator. (G) Compliance Deadline Extension Considerations
The city may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or,

3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(H) Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with city's procedures in the city's codes for appeals pursuant to Chapter 18 of Title 1 of this Code. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.
(I) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, the city will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024. (J) Civil Penalties for Non-Compliance
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Beginning January 1, 2024, if the city determines that an Organic Waste Generator, SelfHauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this Section as needed.

SECTION 2. SEVERABILITY
A. If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter.

SECTION 3. EFFECTIVE DATE.

This Ordinance shall become effective thirty (30) days after its final passage and adoption.

Introduced: April 5, 2022
Passed and Adopted: __
ATTEST:

State of California)
County of Merced)
City of Livingston)
Juan Aguilar, Jr., Mayor
of the City of Livingston
I, hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 15th day of March, 2022, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this _ day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
{CW112614.6} -54-
{CW112614.6} -55-
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

RECOMMENDATION

STAFF REPORT
Adoption of the Merced County Multi-Jurisdictional Local Hazard Mitigation Plan
April 5, 2022
Vanessa Portillo, City Manager
Adopt the Merced County Multi-Jurisdictional Local Hazard Mitigation Plan.

BACKGROUND/ DISCUSSION
A Hazard Mitigation Plan is a framework that guides our communities in making decisions and developing policies to reduce or eliminate risk to life and property. The plan identifies the types of hazards that threaten our communities, evaluates our vulnerability to those threats, and outlines a strategy to reduce or eliminate the risk posed by future threats.

The Federal Disaster Mitigation Act of 2000 (OMA 2000) requires state and local governments to have an approved hazard mitigation plan in order to be eligible to apply for and receive FEMA hazard mitigation funds. Receipt of these funds can be critical to implementation of identified hazard mitigation programs. Merced County and the participating jurisdictions are committed to reducing disaster impacts and maintaining eligibility for federal mitigation grant funding.

On January 6, 2020, the Merced County Board of Supervisors accepted the Federal Emergency Management (FEMA) Pre-Disaster Hazard Mitigation Plan (PDM) grant award. As a result of the request for proposals, on November 3rd 2020, the Merced County Board awarded a contract to Wood Environmental & Infrastructures Solutions, Inc. to update the MultiJurisdictional Local Hazard Mitigation Plan for the County of Merced and the Cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos and Merced. The finished plan was submitted to FEMA in January of 2022 for review and deemed eligible for approval pending adoption by all jurisdictions.

FISCAL IMPACT
None

ATTACHMENTS

1. Reso.lution
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON TO ADOPT THE MUL Tl-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN
WHEREAS, the County of Merced has historically experienced severe damage from natural and human-caused hazards such as flooding, wildfire, drought, thunderstorms/high winds and hazardous materials incidents on many occasions in the past century, resulting in loss of life and property, economic hardship, and threats to public health and safety; and
WHEREAS, the County of Merced's Multi-Jurisdictional Local Hazard Mitigation Plan (the Plan) has been developed after more than three years of research and work by the planning team in association and cooperation with Howell Consulting for the reduction of hazard risk to the community; and
WHEREAS, the Plan specifically addresses hazard mitigation strategies and plan maintenance procedures for County of Merced and local jurisdictions; and WHEREAS, the plan was submitted to FEMA in January of 2022 for review and deemed eligible for approval pending adoption by all jurisdictions; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston:

1. Hereby adopts this Plan as the official Multi-Jurisdictional Local Hazard Mitigation Plan for the County of Merced and the Cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos and Merced.

2. The respective officials identified in the mitigation strategy of the Plan are hereby directed to pursue implementation of the recommended actions assigned to them.

3. Future revisions and plan maintenance required by the Disaster Mitigation Act of 2000 and FEMA, are hereby adopted as a part of this resolution for a period of five (5) years from the date of this resolution.

4. The City of Livingston will comply with all applicable Federal Statutes and Regulations in effect with respect to the periods for which it receives grant funding, in compliance with 44 CFR 13.11 (c); and will amend the Plan whenever necessary to reflect applicable changes in Tribe, State or federal Laws and Statutes as required in 44 CFR 13.11 (d).

Passed and adopted this 5th day of April, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
1 Juan Aguilar, Jr., Mayor
of the City of Livingston
ATTEST:

I hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 5th day of April, 2022.
2 Leticia Vasquez~Zurita, City Clerk
of the City of Livingston

STAFF REPORT
AGENDA ITEM: Utility Relief Program Update and Delinquency Direction MEETING DATE: April 5, 2022
PREPARED BY: Happy Bains, Senior Accountant
REVIEWED BY: Vanessa Portillo, City Manager

BACKGROUND/ DISCUSSION
The Executive Order by the state to restrict water shut-offs ended on December 31, 2021. The Executive Order only specified that water systems could not be shut-off; however, the City of Livingston chose to suspend all penalty and late fees on all utility services (water/sewer). The City of Livingston has not charged penalty fees or shut-off utility services due to non-payment since March 2020.

Over the past two (2) years, utility delinquencies (past due accounts over 120-days) have risen significantly. As of March 2022, there are almost 150 utility accounts with outstanding balances totaling around $150 thousand. These delinquent accounts range from $300 to $3,000. At this moment, it is difficult to know whether the delinquencies are caused by the financial impacts of the pandemic or if customers decided not to pay since shut-off suspensions were in effect.

The City has proactively engaged in collection efforts as well as offering referrals to utility assistance programs. So far, the City has provided the following financial relief:
- Payment Plans, up to 12-months, for seriously delinquent accounts - CDBG Grant Programs offering utility and rental assistance totaling about $422 thousand
o Rental Assistance: $91 thousand
o Utility Assistance: $131 thousand
o Business Assistance: $200 thousand
- Seeking financial Utility Assistance through the California Department of Community Service and Development (CSD) for the California Low Income Household Water Assistance Program (LIHWAP) – City is in the application process - Seeking for Wastewater Arrearage program to provide relief on outstanding sewer balances – City is in the application process

RECOMMENDATION
With the sunset of the Executive Order, utility providers are resuming their regular processes for non-payment of utility bills which encompass penalty charges for late payments and service disconnections for seriously delinquent accounts. Staff recommends implementing a phased approach to dealing with utility delinquencies as follows:
- Continue providing payment plans for customers requesting extensions - Continue referring customers to Utility Assistance Programs as available - Reinstate penalty charges in May 2022 (for bills due after 5/25/22 – See Table 1) - Resume utility shut-offs starting July 2022 for unpaid balances without payment arrangements

STAFF REPORT
CITY COUNCIL REGULAR MEETING – APRIL 5, 2022

UTILITY RELIEF PROGRAM UPDATE AND DELINQUENCY DIRECTION

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Livingston City CouncilApril 5, 2022

Livingston City Council
April 5, 2022