1 CITY COUNCIL REGULAR MEETING AGENDA
APRIL 19, 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 19, 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.: 2022-19
Next Ordinance No.: 648
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.
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.
1. 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.
2. AUTHORIZE REMOTE TELECONFERENCE MEETINGS
3 Resolution Proclaiming a Local Emergency and Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Livingston Pursuant to Brown Act Provisions.
3. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated April 5, 2022.
4. WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 648 Waive the Second Reading of and Adopt Ordinance No. 648, 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).
5. APPROVE A CONTRACT EXTENSION WITH MERCED COUNTY SHERIFF’S OFFICE Resolution Approving a Contract Extension Between Merced County Sheriff’s Office and the City of Livingston for Interim Chief of Police Services.
PUBLIC HEARINGS
6. Public Hearing – Frist Reading and Introduction of Ordinance Amending Livingston Municipal Code, Title 3, Chapter 12, “Dances,” By Ordinance Adopt a Policy that Amends the Requirements and Fees for Dance Permits. Resolution to Adopt Fee Increases and Required Security Requirements for the Issuance of Dance Permits.
7. Public Hearing – Site Plan and Design Review Application No. 2021-04 – Sequeira Apartments, requesting to develop three new attached housing units on property located at 1920 8th Street.
8. Public Hearing and Adoption of the City’s 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan.
DISCUSSION AND POTENTIAL ACTION ITEMS
9. APPROVE AGREEMENT WITH FLOCK SAFETY GROUP INC FOR PILOT PROGRAM OF
ALPR SYSTEM
Resolution to Allow the City Manager to Enter Into an Agreement with Flock Safety Group Inc for the Implementation of Automated License Plate Readers.
CLOSED SESSION
10. Conference with Real Property Negotiator
(Government Code Section 54956.8)
Real Property:
APN: 024-041-004
Negotiating Parties for City: Vanessa Portillo, City Manager Negotiating Parties for Property Owner: Foster Farms LLC Under Negotiations: Potential Property Sale
4 11. Conference with Labor Negotiator
(CA Gov't Code Section 54957.6)
Agency Representative: Vanessa Portillo, City Manager
Unrepresented Employees: Department Heads
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 Aguilar and Council Members Baptista-Soto, Kang, and Garcia None
None
Council Member Moran
1lar 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.
{CW I081 55. I f
/J;--J?_, Leticia Vasquez-Zurita, City ~ Clerk
of the City of Livingston
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Warrant Register dated April 5, 2022
April 19, 2022
Nancy Fuentes, Accounting Technician
Vanessa Portillo, City Manager
RECOMMENDATION:
Ratify the warrant register dated April 5, 2022
DISCUSSION:
1m
- :mm:mt -
YE:.nn~
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 24, 2022- April 5, 2022
GENERAL WARRANTS .......................... $
PAYROLL/WIRE WARRANTS .................. $
TOTAL WARRANTS .............................. $
ATTACHMENTS:
470,881.55
164,036.99
634,918.54
Warrant Register (summarized by date and check number)
6470-6513
2037-2048
Accounts Payable
Checks by Date - Summary by Check Date
User: nfuentes
Printed: 4/ 12/2022 8:55 AM
Check No Vendor No Vendor Name
6470 446 Belkorp Ag, LLC
647 1 255 Big Creek Lumber Company
6472 193 BSK Associates
6473 508 City of Livingston (Petty Cash)
6474 189 ComTech2 I LLC
6475 787 Custom Weed Control Inc.
6476 293 Department of Justice Accounting Office
6477 163 EZ Auto Supply
6478 886 Tara Fields
6479 758 Raymond Freitas
6480 888 Fresno Community Hospital
6481 188 Frontier
6482 UB*OI985 SELESTE FUENTES
6483 164 Garza Tire & Wheel, Inc
6484 265 Jennifer Halpin
6485 359 Hinderliter, de Llamas & Associates
6486 267 Hoffman Security
6487 501 Hunt & Sons, Inc.
6488 296 Image Source
6489 276 Livingston True Value
6490 202 Maria Meza
6491 389 Mid Valley IT
6492 180 Mission Linen Service
6493 270 Modern Air Mechanical
6494 792 Never Boring
6495 199 Northstar Chemical
6496 302 Office Depot, Inc.
6497 887 PACE Supply Corp.
6498 203 PG&E
6499 305 Platt
6500 405 Premier Access Insurance Company
6501 767 R&S Erection Tri-County, Inc.
6502 UB*Ol984 RAN HEALTH SERVICES, INC.
6503 433 Razzari Ford
6504 808 Robert Half
6505 499 Safety-Kleen Systems, Inc.
6506 323 Springbrook Holding company LLC
6507 840 Stryler Sales, LLC
6508 530 Te lstar Instruments
6509 3 10 Totlcom, Inc.
6510 422 U.S. Bank Corporate Payment Systems
65 11 608 Vision Service Plan- CA
6512 765 White Brenner LLP
651 3 409 Willdan Financial Services
AP Checks by Date - Summary by Check Date (4/12/2022 8:55 AM) Check Date
03/31/2022
03/3 1/2022
03/3 1/2022
03/3 1/2022
03/3 1/2022
03/31/2022
03/3 1/2022
03/3 1/2022
03/31/2022
03/3 1/2022
03/3 1/2022
03/31/2022
03/3 1/2022
03/3 1/2022
03/3 1/2022
03/31/2022
03/3 1/2022
03/3 1/2022
03/3 1/2022
03/31/2022
03/31/2022
03/31/2022
03/3 1/2022
03/3 1/2022
03/31/2022
03/31/2022
03/31/2022
03/31/2022
03/31/2022
03/3 1/2022
03/3 1/2022
03/3 1/2022
03/31/2022
03/3 1/2022
03/3 1/2022
03/3 1/2022
03/3 1/2022
03/31/2022
03/3 1/2022
03/3 1/2022
03/31/2022
03/3 1/2022
03/3 1/2022
03/3 1/2022
City of Livingston
1416 C Street
Livingston, CA 95334
Total for 3/3 1/2022:
Check Amount
140.35
434.69
394.00
949.22
37.96 400.00
1,876.98
65.24 150.00
423.00
900.00
4,505.63
186.56
351.76
937.86
985.59
189.95
6,509.79
739.42
60.81 150.00
3,037.78
121.59
463.00
747.25
1,868.53
190.12
440.91
64,681.59
141.09
2,614.10
2,248.00
225.00
3,379.25
3,470.14
1,004.18
2,860.00
17,640.55
1,764.00
382.72
16,807.68
367.71
48,960.45
9,765.63
203,570.08
Check No Vendor No Vendor Name Check Date Check Amount
6514 833 Juan Aguilar Jr. 04/05/2022 142.50
651 5 543 Albert M.Peche, A.M. Peche & Associates, 04/05/2022 2,629.97 6516 250 Alhambra 04/05/2022 182.56
6517 736 ARA, Inc. 04/05/2022 4,338.00
6518 398 Central SanJoaquin Valley Risk Manageme1 04/05/2022 54,082.00 6519 399 Central SanJoaquin Valley Risk Manageme1 04/05/2022 85,279.00 6520 UB*01986 LORENA CONTRERAS 04/05/2022 199.38
6521 283 CoreLogic Solutions, LLC 04/05/2022 200.00
6522 188 Frontier 04/05/2022 72.46
6523 262 Gilton Solid Waste 04/05/2022 95,401.19
6524 hach Hach Company 04/05/2022 2,017.33
6525 296 Image Source 04/05/2022 110.87
6526 829 Jared Steeley Water & Wastewater Manage, 04/05/2022 4,197.50 6527 461 LEAF 04/05/2022 74 1.59
6528 403 Merced County Association of Government 04/05/2022 175.00 6529 270 Modern Air Mechanical 04/05/2022 422.00
6530 302 Office Depot, Inc. 04/05/2022 11 8.56
6531 205 Paramount Pest Services 04/05/2022 163.00
6532 890 Parsons Embroidery Plus 04/05/2022 1,000.00
6533 203 PG&E 04/05/2022 108.69
6534 405 Premie r Access Insurance Company 04/05/2022 2,680.60 6535 808 Robert Half 04/05/2022 798.88
6536 891 Ofelia Saldivar 04/05/2022 150.00
6537 308 Sprint 04/05/2022 126.02
6538 598 Standard Insurance Company RB 04/05/2022 2,233.39 6539 393 State of California 04/05/2022 635.83
6540 840 Stryler Sales, LLC 04/05/2022 8,353.80
6541 889 Leticia Vera 04/05/2022 245.00
6542 608 Vision Service Plan- CA 04/05/2022 506.35
Total for 4/5/2022: 267,3 11.47
Report Total (73 checks): 470,88 1.55
AP Checks by Date - Summary by Check Date (4/12/2022 8:55 AM) Page 2 AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
WAIVE SECOND READING OF AND ADOPT ORDINANCE NO. 648,
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 19, 2022
Jennifer Halpin, Consultant
Vanessa Portillo, City Manager
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1. Waive Second Reading of and Adopt Ordinance No. 648, 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):
{CW I 12178.4) Page 1 of2
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. 648, Amendment to Title 8, Chapter 2 "Wastes and Recyclable Materials" of the Livingston Municipal Code, Adding Legislation Related to California SB 1383 (Lara, 2016)
{CW112!78.4} Page 2 of3
ORDINANCE NO. 648
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:
CHAPTER 2
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 (8) 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 (B) 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)(55).
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)(14.5)(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 ctty 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
(B) 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
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(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 minim is 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 entities 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; (B) 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 18815.5(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, including Livingston Union School District
(B) 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.
OFFAL: 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.
(8) 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) AM. 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 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) AM. 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.
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(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. 8-2-30: 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: MULTI-FAMILY RESIDENTIAL, COMMERCIAL, INDUSTRIAL, INSTITUTIONAL AND GOVERNMENTAL COLLECTION SERVICES:
{CW112614.6} -24-
(A) Collection Service: For those premises receiving 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) AM. 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 includes 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.
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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) 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. 8-2-33: MULTI-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 vehicie 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 minimis 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:
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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:
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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.
8. 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.
8. 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.
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(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) Mu/ti-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.
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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 plari 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 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 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. (8) 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 law, 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:
{CW112614.6} -48-
(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.
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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}(B} (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 fe.et 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)(B) (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 (0)(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 Cal Recycle 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
{CW112614.6} -53-
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.
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 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
STAFF REPORT
AGENDA ITEM: Adopt a Resolution Approving a Contract Extension between Merced County Sheriff’s Office and the City of Livingston for Interim Chief of Police Services
MEETING DATE: April 19, 2022
PREPARED BY: Vanessa Portillo, City Manager
RECOMMENDATION
Staff recommends that the City Council adopt a Resolution approving the Contract between Merced County Sheriff’s Office and the City of Livingston for Interim Chief of Police Services.
BACKGROUND/DISCUSSION
In November 2021, Merced County Sheriff’s Office agreed to assist the City of Livingston by providing contracted Interim Chief of Police services through May 22, 2022, or until a permanent Chief of Police is hired. The Sheriff’s Office assigned Lieutenant Charles Hale as Interim Chief of Police.
In December 2021, the City approved a contract with CPS HR to conduct the executive recruitment for Chief of Police. The approach to the recruitment process was aggressive and included advertising through various law enforcement platforms, government job sites as well as outreach to approximately 1,900 professionals, referral sources, and potential candidates. The Chief of Police recruitment closed in February 2022. Unfortunately, the recruitment did not generate the response and/or results desired. The City will continue its recruitment efforts to hire a Chief of Police position as it is an integral part of the City’s leadership team. In addition, through the budget process for Fiscal Year 22/23, the City is exploring different options to ensure staff is trained and developed for future leadership roles.
While recruitment efforts continue, the City’s need for contracted Interim Chief of Police services is still needed. Moreover, Lieutenant Hale has been able to integrate with our law enforcement team, city departments, and community members commendably. As a result, Merced County Sheriff’s Office has offered to amend the existing contract through June 30, 2022, and provide an extension for Interim Police services through June 30, 2023, so the City may continue its efforts to recruit a qualified candidate.
The City has paid about $70 thousand for Interim Chief of Police services (service period through March 2022). At this rate, the City is projecting costs of about $130 thousand for services through June 30, 2022. The average ‘fully loaded’ cost of a Chief of Police is about $230 thousand (wages, pension, benefits). The contract extension through June 30, 2023 includes a not-to-exceed cap of $275 thousand and a 90-day termination notice in the event the City wishes to terminate the contract.
FISCAL IMPACT
Interim Chief of Police services will be paid from the budgeted salary account in the Police Department.
ATTACHMENTS
1. Resolution of the City Council of the City of Livingston Approving a Contract Amendment between Merced County Sheriff’s Office and the City of Livingston for Interim Chief of Police Services through June 30, 2022
2. Resolution of the City Council of the City of Livingston Approving a Contract Extension between Merced County Sheriff’s Office and the City of Livingston for Interim Chief of Police Services through June 30, 2023
3. Contract Amendment: Interim Chief of Police Contract through June 30, 2022
4. Contract Extension: Interim Chief of Police Contract through June 30, 2023
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
APPROVING THE CONTRACT AMENDMENT BETWEEN MERCED COUNTY AND
THE CITY OF LIVINGSTON FOR INTERIM CHIEF OF POLICE SERVICES THROUGH JUNE 30, 2022
WHEREAS, the City of Livingston entered into a contract with Merced County for Interim Chief of Police services on November 22, 2021; and
WHEREAS, the term of the contract extends through May 22, 2022; and WHEREAS, the City wishes to amend the contract term through June 30, 2022; and WHEREAS, the Sheriff’s Office has assigned a Lieutenant to act as the Interim Police Chief; and
WHEREAS, the contract amount is not to exceed $250 thousand through the end of contract term; and
WHEREAS, the Finance Department will make the necessary adjustments to the Fiscal Year 2021/22 budget to align appropriate expense accounts; 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.
3. This resolution is effective immediately upon adoption.
Passed and adopted this 19th day of April, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________
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 19th day of April, 2022.
__________________________________
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
APPROVING THE CONTRACT EXTENSION BETWEEN MERCED COUNTY AND
THE CITY OF LIVINGSTON FOR INTERIM CHIEF OF POLICE SERVICES THROUGH JUNE 30, 2023
WHEREAS, the City of Livingston entered into a contract with Merced County for Interim Chief of Police services on November 22, 2021; and
WHEREAS, the contract amount is not to exceed $275 thousand through the end of contract term; and
WHEREAS, the City may terminate the contract upon the hiring of a permanent Chief of Police with a 90-day notice; and
WHEREAS, the City will continue its recruitment efforts to hire a qualified Chief of Police; and
WHEREAS, the Finance Department will make the necessary adjustments to the Fiscal Year 2022/23 budget to align appropriate expense accounts; 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.
3. This resolution is effective immediately upon adoption.
Passed and adopted this 19th day of April, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________
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 19th day of April, 2022.
__________________________________
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
AMENDMENT #1
TO
CONTRACT NO. 2021376
BETWEEN
MERCED COUNTY
AND
CITY OF LIVINGSTON
THIS Amendment to Contract No. 2021376, is executed by and between the County of Merced, a political subdivision of the State of California, (hereinafter called "County"), and City of Livingston (hereinafter called "City").
This Amendment is hereby annexed to and made a part of the printed part of the Agreement to which it is attached, or modifies the existing Agreement between the parties. In each instance in which the provisions of this Amendment shall contradict or be inconsistent with the provisions of the printed portion of the original Agreement and any previous amendments, the provision of this Amendment shall prevail and govern and the contradicted or inconsistent provisions shall be deemed amended accordingly. Both parties agree that there is new and adequate consideration for this Amendment.
This Amendment shall be deemed to have been duly approved when executed by both parties to the original Agreement. Once duly approved, this Amendment shall become effective as of the date signed by the Chairman of the Merced County Board of Supervisors.
MODIFICATIONS:
1). Section 3, entitled "TERM", is amended to read as follows:
The term of this Agreement shall commence on the 22nd day of November 2021, and continue until the 30th day of June, 2022, unless sooner terminated in accordance with the sections entitled “TERMINATION FOR CONVENIENCE” or “TERMINATION FOR CAUSE”, OR “NON-APPROPRIATION OF FUNDING” as set forth elsewhere in the Agreement.
Except as herein modified, all terms and conditions in said Agreement as heretofore approved remain unchanged and in full force and effect.
SIGNATURE PAGE TO FOLLOW
County of Merced City of Livingston
By: _____________________________ By: _____________________________ Signature Signature
Lloyd Pareira Jr. Vanessa Portillo
Chairman Acting City Manager
________________________________ _______________________________ Dated Dated
Merced County Sheriff
By: _____________________________
Signature
Vernon H. Warnke
Sheriff-Coroner
APPROVED AS TO LEGAL FORM
MERCED COUNTY COUNSEL
BY: ______________________________
1 AGREEMENT FOR SPECIAL SERVICES
BETWEEN
CITY OF LIVINGSTON
AND
MERCED COUNTY
CONTRACT NO. ___________
THIS AGREEMENT, is made and entered into by and between the County of Merced, a political subdivision of the State of California, (hereinafter referred to as "County"), and the City of Livingston, located at 1416 C Street, Livingston, CA 95334 (hereinafter referred to as "City").
WHEREAS, County is authorized to establish and maintain a law enforcement agency to provide for the safety and protection of the general public through its Sheriff’s Office; and,
WHEREAS, City desires to contract with County to obtain the services of a Captain to perform the duties of a Police Chief; and,
WHEREAS, County is specially trained, experienced, and competent to perform such services in connection with placement of a Police Chief; and WHEREAS, the parties desire to set forth herein the terms and conditions under which said services shall be furnished.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows:
1. COUNTY COVENANTS
The Sheriff of Merced County shall, after consulting with the City, designate a full time Captain to serve as the Police Chief in the City, covering Police Chief assignments as needed.
2. SCOPE OF SERVICES
A. Under the direction of the City Manager and Merced County Sheriff, the Captain will exercise leadership and command over the personnel, activities and operations of the City of Livingston’s Police Department; administer the Department budget and approve expenditures; represent the Department at City Council meetings; provide for public safety and compliance with applicable City, County, State and federal laws; work collaboratively with other municipal departments to ensure a solvent, vibrant and safe community for the City’s residents and visitors; train, supervise and evaluate assigned personnel.
2 B. The normal work week will be Monday through Friday.
C. The Captain will wear an approved Merced County Sheriff uniform during the assigned shift.
3. TERM
The term of this Agreement shall commence on the 1st day of July, 2022, and continue until the 30th day of June, 2023, unless sooner terminated in accordance with the sections entitled “TERMINATION FOR
CONVENIENCE”, “TERMINATION FOR CAUSE” OR "NONAPPROPRIATION OF FUNDING", as set forth elsewhere in this Agreement.
4. COMPENSATION
City agrees to pay County an hourly rate of One Hundred Forty-Six Dollars and Thirty-Three Cents ($146.33) per hour for hours engaged in the performance of such work, as are more specifically set forth under Section 1, “SCOPE OF SERVICES”. Approved overtime will be reimbursed by the City at the current overtime rate of One Hundred Twenty Dollars and ThirtyFive Cents ($120.35) per hour. Total contract not to exceed Two Hundred Seventy-Five Thousand Dollars and No Cents ($275,000.00) Furthermore, the City will reimburse County for mileage at a rate of One Dollar and Ten Cents ($1.10) per mile for the patrol vehicle provided to the assigned Captain. Mileage will be calculated for the time the Captain is assigned to the City of Livingston.
Any and/or all payments made under this Agreement shall be paid by check, payable to the order of County and be mailed to County at:
Name: Merced County Sheriff’s Office
c/o Merced County Auditor
Address: 2222 M Street
City/State/Zip: Merced, CA 95340
County may request that City mail the check to County to such other address as County may from time to time designate to City. Such request must be made in writing in accordance with the procedures as outlined under Section 6, “NOTICES”.
5. TERMS OF PAYMENT
Payment shall be for services required to be provided herein and as set forth under Section 1, "SCOPE OF SERVICES." Payment shall be made in the following manner:
3 County shall submit monthly itemized invoices for services it has provided and for the amount owed under this Agreement. Invoices shall be forwarded to the City at the City address indicated under Section 6, “NOTICES” of this Agreement.
The fee due hereunder shall be paid to County within fifteen (15) days following receipt of the invoice.
6. NOTICES
All notices, requests, demands or other communications under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows:
A. Personal Delivery. When personally delivered to the City, notice is effective upon delivery.
B. First Class Mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified Mail. When mailed by certified mail, return receipt requested, notice is effective upon receipt, if delivery is confirmed by a return receipt.
D. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service.
Any correctly addressed notice that is refused, unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messengers or overnight delivery service.
Information for notice to the parties to this Agreement at the time of endorsement of this Agreement is as follows:
County of Merced c/o City of Livingston
Merced County Sheriff 1416 C Street
2222 “M” Street Livingston, CA 95334
Merced, CA 95340 Attn: City Manager
Any party may change its address by giving the other party notice of the change in any manner permitted by this Agreement.
4 7. TERMINATION FOR CONVENIENCE
This Agreement, notwithstanding anything to the contrary herein above or hereinafter set forth, may be terminated by County at any time without cause or legal excuse by providing the other party with ninety (90) calendar days written notice of such termination.
Upon effective date of termination, City shall have no further liability to County except for payment for actual services incurred during the performance hereunder. Such liability is limited to the time specified in said notice and for services not previously reimbursed by City. Such liability is further limited to the extent such costs are actual, necessary, reasonable, and verifiable costs and have been incurred by County prior to, and in connection with, discontinuing the work hereunder.
8. MODIFICATION OF THE AGREEMENT
Notwithstanding any of the provisions of this Agreement, the parties may agree to amend this Agreement. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
9. INSURANCE
Prior to the commencement of work, and as a precondition to this Agreement, the Parties shall maintain Commercial General Liability (CGL) insurance with limits no less than $1,000,000 per occurrence covering bodily injury, personal injury and property damage, Professional Liability Insurance with limits no less than $1,000,000 per occurrence, Automobile Liability insurance with limits no less than $1,000,000 per accident for bodily injury and property damage, and Workers Compensation Insurance as required according to the California Labor Code, including Employers' Liability limits of $1,000,000 per accident during the term of the Agreement.
Each party shall provide the other certificates of insurance uponrequest.
Each party and its officers, employees, and agents shall be endorsed to the other's CGL policy as additional insured, using ISOform CG2026 or an alternate form that is at least as broad as form CG2026, as to any liability arising from the performance of this Agreement.
10. INDEMNIFICATION
The City shall indemnity, defend, and hold harmless the County its officers, officials, employees, and volunteers from and against any and all liability, 5 claims, damage, costs, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney frees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the assigned Captain’s performance of work or his or her failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the active negligence by the County or the gross or willful misconduct of the assigned Captain.
The County shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of the active negligence by the County or the gross or willful misconduct of the assigned Captain during the performance of work hereunder.
If the City rejects a tender of defense by the County and/or the assigned Captain under this Agreement, and it is later determined that the County and/or the assigned Captain breached no duty of care and/or was immune from liability, the City shall reimburse the County and/or the assigned Captain for any and all litigation expenses (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost).
A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the County and/or assigned Captain settles a liability claim, with or without participation by the City.
11. INDEPENDENT CONTRACTOR
It is mutually understood and agreed that County is an independent entity in the performance of the work duties and obligations devolving upon County under this Agreement. The sole interest and responsibility of the County is to assure that the services covered by this Agreement shall be performed and rendered in a competent, efficient and satisfactory manner.
It is mutually understood and agreed that no employer-employee relationship is created and each party shall be responsible for withholding, reporting and payment of any federal, state or local taxes, contributions or premiums imposed or required by workers' compensation, unemployment insurance, social security, income tax, other statutes or codes applying to the other party, or its employees, if any.
It is mutually agreed and understood that City, its sub-contractors and employees, if any, shall have no claim under this Agreement or otherwise against the County for vacation pay, sick leave, retirement or social security 6 benefits, occupational or non-occupational injury, disability or illness, or loss of life or income, by whatever cause.
City shall insure that all its personnel and employees, its sub-contractors and their employees, used to receive the contracted services are aware and expressly agree that County is not responsible for any benefits, coverage or payment for their efforts.
12. RECORDS AND INSPECTIONS
County shall maintain full and accurate records with respect to all matters covered under this Agreement. To the extent permitted by law, City shall have free access at all proper times or until the expiration of four (4) years after the furnishing of services to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all data, documents, proceedings, and activities pertaining to this Agreement.
13. OWNERSHIP OF DOCUMENTS
To the extent permitted by law, all technical data, evaluations, plans, specifications, reports, documents, or other work products developed by County hereunder shall be the exclusive property of County and shall be delivered to County upon completion of the services authorized hereunder.
In the event of termination, all finished or unfinished documents and other materials, if any, at the option of County, and to the extent permitted by law, shall become the property of the County. City may retain copies thereof for its files and internal use. Any publication of the information directly derived from work performed, or data obtained in connection with services rendered under this Agreement, must first be approved in writing by County. All technical data, evaluations, plans, specifications, reports, and other work products are instruments of County’s services and are not designed for use other than what is intended by this Agreement.
14. ENTIRE AGREEMENT
This Agreement and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other contracts, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto.
15. COUNTY NOT OBLIGATED TO THIRD PARTIES
County shall not be obligated or liable hereunder to any party other than City.
7 16. COMPLIANCE WITH STATE LAWS AND REGULATIONS
The parties agree to comply with all State laws and regulations that pertain to construction, health and safety, labor, minimum wage, fair employment practice, equal opportunity, and all other matters applicable to the parties, their subgrantees, contractors, or subcontractors, and their work.
17. APPLICABLE LAW; VENUE
All parties agree that this Agreement and all documents issued or executed pursuant to this Agreement as well as the rights and obligations of the parties hereunder are subject to and governed by the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance. No interpretation of any provision of this Agreement shall be binding upon County unless agreed in writing by County and counsel for County.
Notwithstanding any other provision of this Agreement, any disputes concerning any question of fact or law arising under this Agreement or any litigation or arbitration arising out of this Agreement, shall be tried in Merced County, unless the parties agree otherwise or are otherwise required by law.
18. WAIVER
Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder.
19. BREACH OF CONTRACT
Upon breach of this Agreement by City, County shall have all remedies available to it both in equity and/or at law.
20. SUCCESSORS IN INTEREST
All the terms, covenant, and conditions of this Agreement shall be binding and in full force and effect and inure to the benefit of the successors in interest and assigns of the parties hereto. This paragraph shall not be deemed as a waiver of any of the conditions against assignment set forth herein.
21. CONFLICT OF INTEREST
City covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with 8 the performance of this Agreement. City shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors, and the County. City shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables them to influence this Agreement, shall have any direct or indirect financial interest resulting from this Agreement or shall have any relationship to City or their officer or employee nor that any such person will be employed by City in the performance of this Agreement without immediate divulgence or such fact to the County.
22. NONDISCRIMINATION IN EMPLOYMENT, SERVICES, BENEFITS AND
FACILITIES
The parties and any subcontractors shall comply with all applicable federal, state, and local Anti-discrimination laws, regulations, and ordinances and shall not unlawfully discriminate, harass, or allow harassment against any employee, applicant for employment, employee or agent of the other party because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex, sexual orientation, age (over 40), medical condition (including HIV and AIDS), or physical or mental disability. Each party shall ensure that the evaluation and treatment of its employees and applicants for employment, the treatment of the other party's employees and agents, and recipients of services are free from such discrimination and harassment.
The parties represent that they are in compliance with and agree that they will continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), the Fair Employment and Housing Act (Government Code §§ 12900 et seq.), and regulations and guidelines issued pursuant thereto.
The parties shall include this nondiscrimination provision in all subcontracts related to this Agreement.
23. CAPTIONS
The captions of each paragraph in this Agreement are inserted as a matter of convenience and reference only, and in no way define, limit, or describe the scope or intent of this Agreement or in any way affect it.
24. ASSIGNMENT
The parties shall not assign this Agreement, or any part thereof, or interest therein, directly or indirectly, voluntarily or involuntarily, to any person without obtaining the prior written consent of the other party. 9 City hereby assigns to the County all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from the purchase if goods, materials, or services by the City for sale to the County pursuant to this Agreement.
25. SEVERABILITY
If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid, in whole or in part, for any reason, the validity and enforceability of the remaining provisions, or portion of them, will not be affected. Reduced compensation will allow County to withdraw from any service obligation.
26. DUPLICATE COUNTERPARTS
This Agreement may be executed in duplicate counterparts, each of which shall be deemed a duplicate original. The Agreement shall be deemed executed when it has been signed by both parties.
27. LICENSE AND PERMITS
City shall possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of California, County of Merced and all other appropriate governmental agencies, including any certification and credentials required by County.
Failure to maintain the licenses, permits, certificates, and credentials shall be deemed a breach of this Agreement and constitutes grounds for the termination of this Agreement by County.
28. COVID REQUIREMENTS
The parties at their sole expense, shall follow all State and local laws, rules, regulations, guidelines, and orders related to the COVID-19 pandemic in the performance of its work under this Agreement. This shall include, but not be limited to, creating a COVID-19 worksite-specific prevention plan prior to conducting business/activities. The parties are encouraged to frequently reference www.covid19.ca.gov for information on State requirements for operation of specified businesses/activities Signature page to follow
10 County of Merced City of Livingston
By _____________________ By_________________________
Lloyd Pareira Jr. Vanessa Portillo
Chair, Board of Supervisors Acting City Manager
_______________________ ____________________________
Dated Dated
Merced County Sheriff
By _______________________
Vernon H. Warnke
Sheriff-Coroner
APPROVED AS TO LEGAL FORM
MERCED COUNTY COUNSEL
By___________________________
______________________________
Dated
{CW112178.4} Page 1 of 2
STAFF REPORT
AGENDA ITEM: CHANGE TO TITLE 3 CHAPTER 12, LIVINGSTON MUNICIPAL CODE
DANCE PERMITS
MEETING DATE: April 19, 2022
PREPARED BY: Chuck Hale, Interim Chief of Police
REVIEWED BY: Vanessa Portillo, City Manager
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1. Adopt Ordinance No. ____, changing Title 3, Chapter 12 of the Livingston Municipal Code as it relates to the issuance of dance permits. The changes would include the minimum amount of required security at dances and would also increase the fee for a dance permit from $100 to $150.
BACKGROUND:
The current Livingston Municipal Code requires that persons wishing to apply for a dance permit for special events pay a $100 permit fee, make a $250 litter deposit, and provide (2) security officers for every one hundred persons that are expected to attend the dance event. The current minimum-security requirements do not take into consideration whether or not alcoholic beverages will be consumed, furnished, or sold during the dance event.
The current ratio of security officers to dance attendees is sufficient. However, the consumption of alcohol during the event and event attendance is not considered.
The current fee for dance permits was last established by resolution in 1996. The $100 fee currently required for a dance permit does not provide for or compensate for the required planning, research, and preparation that goes into determining whether or not a dance permit should be issued.
If there were to be an emergency at a large event like a dance, where alcoholic beverages were being consumed, furnished, or sold, the emergency services within the City of Livingston would be depleted. Availability to respond to other emergencies within the City would be limited.
The City of Livingston (“City”) Police Department (“Department”) seeks the City Council’s adoption of Ordinance No. ____ (“Ordinance”), which would amend Title 3, Chapter 12 of the Livingston Municipal Code to require a $150 dance permit fee and additionally, it would also give the Chief of Police the option to require a permit applicant who is furnishing, selling, or providing alcoholic beverages at the event to provide (2) police officers at their own expense.
The (2) police officers would be dedicated to this event for the duration of the event without affecting normal public safety staff that is responsible for other duties and emergencies within the City.
{CW112178.4} Page 2 of 2
ANALYSIS:
If the Livingston City Council were to adopt Ordinance No.___ (“Ordinance”), citizens would still be afforded the opportunity to have dances and celebrations without a threat to public safety and the well being of others within the city.
FISCAL IMPACT
No budget adjustment would be required. The required amount of security officers or police officers would be at the expense of the dance permit applicant. Increasing the dance permit fee from $100 to $150 would mitigate the amount of work required before a dance permit can be issued.
ATTACHMENTS
1. Resolution
2. Ordinance No. ___, amending Title 3, Chapter 12 of the Livingston Municipal Code changing the fee for dance permits and the minimum amount of security officers required to hold a dance.
1 RESOLUTION 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
TO ADOPT FEE INCREASES AND REQUIRED SECURITY
REQUIREMENTS FOR THE ISSUANCE OF DANCE PERMITS
WHEREAS, the City of Livingston issues dance permits to applicants that wish to have dances within the City of Livingston.
WHEREAS, the City of Livingston is required to provide public safety and emergency response to events such as dances and large public gatherings.
WHEREAS, the potential need for additional law enforcement and emergency services personnel during events where alcoholic beverages are being provided, sold, or consumed is expectedly greater.
WHEREAS, careful consideration, planning, and research performed by city staff prior to the issuance of a dance permit decreases the potential for disruptive, dangerous, or unfavorable activities occurring.
WHEREAS, the fee for obtaining a dance permit for special events within the City of Livingston will be set at $150.00 and two police officers will be present at any dance where alcoholic beverages are being provided, sold, or consumed. Two (2) security officers for every one hundred (100) persons expected to attend will be required.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston, a municipal corporation, duly organized and existing under and by virtue of the laws of the State of California, hereby approves such fee increase and minimum-security requirement for the issuance of dance permits.
Passed and adopted this 19th day of April, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
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 19th day of April, 2022.
__________________________
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING LIVINGSTON MUNICIPAL CODE, TITLE 3, CHAPTER 12, “DANCES”, BY
ORDINANCE ADOPT A POLICY THAT AMENDS THE REQUIREMENTS AND FEES FOR DANCE PERMITS.
WHEREAS, the City of Livingston issues dance permits to applicants that wish to have dances within the City of Livingston.
WHEREAS, the City of Livingston is required to provide public safety and emergency response to events such as dances and large public gatherings.
WHEREAS, the potential need for additional law enforcement and emergency services personnel during events where alcoholic beverages are being provided, sold, or consumed is expectedly greater.
WHEREAS, careful consideration, planning, and research performed by city staff prior to the issuance of a dance permit decreases the potential for disruptive, dangerous, or unfavorable activities occurring.
WHEREAS, the fee for obtaining a dance permit within the City of Livingston will be set at $150.00 and two police officers will be required at any dance where alcoholic beverages are being provided, sold, or consumed at the discretion of the Chief of Police.
Requirements for the minimum amount of security officers will remain the same at two (2) per 100 attendees.
THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT. Title 3, Chapter 12, Dances, of the Livingston Municipal Code shall be amended to read as follows:
TITLE 3
Business Regulations
3.12 Dances
SECTIONS:
3-12-1: Definitions
3-12-2: Permit Required
3-12-3: Requirements for Permit
3-12-4: Investigation; City Manager's Actions
3-12-5: Safety Requirements
3-12-6: Contents of Permit
3-12-7: Hours
3-12-8: Fees
3-12-9: Litter Cleanup
3-12-10: Suspension and Revocation Of Permit
3-12-11: Penalty
3-12-1: DEFINITIONS:
As used in this chapter the following words and phrases are defined as follows:
ADJACENT: Refers to any property or building within one hundred feet (100') of the premises in which the public dance is proposed to be held as measured from the outside wall of the premises closest to such other property or building.
ALCOHOLIC BEVERAGE: Means the same as that phrase as defined in section 23004 of the California state Business and Professions Code.
NUMBER TO ATTEND: The number of persons "reasonably expected to attend" a public dance shall be determined by an authorized city employee based upon information contained in the permit application, information derived from the police department's investigation, information contained in other city records, and past experience with a similar type dance or dances within the city and/or Merced County.
PERSON AND PERMIT HOLDER: Means and includes natural persons of both sexes, partnerships, joint ventures, corporations, associations, trusts, and any other business entity or social organization.
PUBLIC DANCE: Any dance to which the public generally may gain admission with or without the payment of a fee or compensation therefor. The term shall also include any private party at which over one hundred (100) persons can be reasonably expected to attend as determined by the city manager.
SECURITY OFFICER: Any active or reserve peace officer certified by the California commission on police officer standards and training or a security officer properly bonded and licensed by the state of California and approved by the chief of police. (Ord. 284, 6-13-1985) 3-12-2: PERMIT REQUIRED:
It shall be unlawful for any person to hold or conduct a public dance at any place within the city or to permit or allow dancing in any place of business conducted by him within the city without a valid and unsuspended dance permit. (Ord. 284, 6-13-1985) 3-12-3: REQUIREMENTS FOR PERMIT:
(A) Every person desiring to hold or conduct a public dance and every person desiring to permit or allow dancing in his place of business, shall make written application to the city
manager or their designee upon a form provided by the police department. The permit for holding or conducting a dance shall be for holding or conducting one dance on a particular day or night. A dance permit to permit or allow dancing in a place of business shall expire on June 30 following the date of issuance, unless a sooner date or shorter period of time is provided for in the city council resolution setting permit fees under section 3-12-8 of this chapter.
(B) No permit shall be issued if the premises where the dance is proposed to be held is not in compliance with all applicable building, electrical, fire, and safety codes. (C) A permit must be applied for at least one week in advance of the dance. (Ord. 284, 6-13- 1985)
3-12-4: INVESTIGATION; CITY MANAGER'S ACTIONS:
(A) Upon receipt of such application, the city manager shall direct the police department to conduct an investigation of the applicant and all other relevant matters pertaining to the application.
(B) If the city manager or their designee finds that the premises for which the permit is desired are not adjacent to a hotel or lodging house or residence or if adjacent to a hotel or lodging house, or residence, if the premises are sufficiently soundproof so that the persons living in adjacent residences or patrons of the hotel and lodging house will not be disturbed, and if the city manager or their designee is satisfied that the public peace, safety, health and general welfare will not be endangered or jeopardized by the issuance of the dance permit, then the city manager or their designee shall, upon the payment of the required fees and obtaining appropriate security , issue such permit. (C) In the event the city manager or their designee refuses to issue a dance permit, the applicant may appeal in writing to the city council within five (5) calendar days of the city manager's decision. The city council shall hear the matter including the application and the reason for refusing it at its next regular or special meeting, and may either grant the permit or refuse the permit if in its discretion it finds that the applicant, the application, or the premises in which it is proposed to hold said dance do not comply with this chapter. (Ord. 284, 6-13-1985)
3-12-5: SAFETY REQUIREMENTS:
(A) The holder of the permit or a responsible person designated by the permit holder must at all times be present within the premises in which the dance is held. (B) In addition to the above requirement, the permit holder, except annual or quarterly permit holders, shall furnish at his/her expense, at least the minimum number of security officers required by the city manager.
(C) The city manager or their designee will require a minimum of two (2) security officers for each 100 persons that are reasonably suspected to attend the dance. A minimum of
two (2) security officers is required at each dance regardless of expected attendance.
This does not apply to quarterly and annual dance permits. (D) If alcoholic beverages are to be served, provided, sold, or consumed at the dance then the permit holder shall at his/her expense provide for two Police Officers at the 1.5 times regular rate of pay for a City of Livingston Police Officer. Considering several factors about the event, the Chief of Police may waive the requirement for police presence. The factors considered are, but not limited to:
1. Location of the public place where the event will be held
2. Anticipated attendance at the event
3. Type and character of event and music that will be played
4. Age of persons who will be attending
5. Size of the dance hall
6. The day the event will be held
7. Activities occurring in the community simultaneously (E) If alcoholic beverages are to be served, provided, sold, or consumed at the dance, and the Chief of Police has required a police presence, the two police officers must be present in addition to the required number of security officers outlined above. (F) Before a dance permit is issued and the Chief of Police has requested a police presence, the fees for such police present shall be deposited to the police department. 3-12-6: CONTENTS OF PERMIT:
All permits for public dances shall be in writing and issued and signed by the city manager or their designee and shall set forth, among other things, the following:
(A) The name of the person to whom the permit is issued. (B) The location of the premises upon which the dance is to be permitted. (C) The location of the dance area(s), which area(s) shall be designated on a floor plan of the premises submitted with the application.
(D) The minimum number of security officers which must be provided at the permit holder's expense and the name or names of the approved security officers or of the security business or firm which will provide the required security officers. (E) Whether alcoholic beverages can be served at the dance subject to obtaining the required permit from the California state alcoholic beverage control ("ABC") board and that such ABC permit must be obtained before serving any alcoholic beverages. (F) That all dancing and music shall cease at one thirty o'clock (1:30) A.M. unless a different time is authorized by resolution of the city council.
(G) That no minors shall be permitted on the dance floor in any premises containing a business primarily engaged in the sale of alcoholic beverages. (H) That all state laws and regulations or city ordinances and regulations shall be observed throughout the time the premises are open for dancing.
(I) That the permit holder shall comply with all of the requirements of section 3-12-9 of this chapter regarding litter cleanup.
(J) Such other conditions as may be reasonably imposed by the city manager to ensure that the public peace, safety, health, or general welfare will not be endangered or jeopardized by the issuance of the dance permit.
(K) The grounds for revocation of the permit. (Ord. 284, 6-13-1985). 3-12-7: HOURS:
Dancing shall not be permitted between the hours of one thirty o'clock (1:30) A.M. and twelve o'clock (12:00) noon of any day. By resolution, the city council may establish different hours. (Ord. 284, 6-13-1985)
3-12-8: FEES:
Compacity Quarterly Annual Event
Live Music /
Disco; Profit
0-125 $ 250.00 $ 1000.00 Not Issued
126-250 $ 350.00 $ 1500.00 Not Issued
Over 250 Rates Set by Special City Council Action
Live Music / DJ
Non-Profit All Not Issued Not Issued No Fee
Dance permits
for special
events (wedding
receptions,
parties, etc.)
All Not Issued Not Issued $ 150.00
Fees for annual dance permits may be paid quarterly on July 1, October 1, January 1, and April 1 of each year. If the due date falls on a Saturday or Sunday, fees will be due and payable the next working day. Persons holding an annual dance permit will also be allowed "jukebox" dancing at no additional fee. (Ord. 460, 10-15-1996)
(A) Cleanup Of Premises: Each permit holder shall be required to clean up all litter outside of the dance premises, including all adjoining public sidewalks, streets, and alleys and adjoining private property, within seven (7) hours after each dance held by the permit
holder ends, but under no circumstances later than eight o'clock (8:00) A.M. (Ord. 356, 11-15-1988)
(B) Dances, Litter Cleanup that require special response or handling by City of Livingston Personnel because of non-compliance will be billed to the facility and property owner who rented the property to the dance permit holder. The amount billed will include any labor, equipment, and actual costs for the cleanup.
3-12-10: SUSPENSION AND REVOCATION OF PERMIT:
(A) Three Day Suspension: A dance permit may be suspended for up to three (3) days by the city manager, chief of police or police lieutenant when any such city employee finds a violation under subsection (B)2 or (B)3 of this section or finds that suspension of the dance permit is necessary to immediately preserve the public peace, safety, health or general welfare.
(B) Grounds For Suspension or Revocation: The city manager or their designee may suspend or revoke a dance permit on any one or more of the following grounds:
1. Negligent or intentional misrepresentation by the permit holder in obtaining the dance permit.
2. Violation of any condition of the permit, including, but not limited to, those set forth in section 3-12-6 of this chapter.
3. Violation of any state law or regulation of any city ordinance or regulation.
4. To preserve the public peace, safety, health or general welfare if there has been a change in the circumstances since granting the permit. (C) Hearing: Under subsection (B) of this section, if the city manager or their designee finds a violation under subsection (B)2 or (B)3 of this section, then he/she may immediately suspend the dance permit. The city manager or their designee shall then hold a hearing within fifteen (15) calendar days of the immediate suspension date to determine whether the dance permit should be restored, remain suspended, or revoked. The permit holder shall be given at least five (5) days' prior notice of such a hearing. During the hearing, the permit holder will be given the opportunity to present evidence on his behalf and to rebut any evidence presented by the city, and to be represented by an attorney or other representative of his choice. The city manager's decision shall be final unless appealed in writing to the city council within ten (10) calendar days of the city manager's decision. Unless determined otherwise by the city manager, the dance permit shall continue to be suspended pending the appeal to the city council. The city council shall hear the matter within thirty (30) calendar days of the date of receipt of the appeal of the city manager's decision.
(D) Reapplication: A person whose dance permit has been revoked may not reapply for another dance permit for a period of one year from the date his permit was revoked. (Ord. 284, 6-13-1985)
3-12-11: PENALTY:
Any person violating any of the provisions of this chapter or knowingly or intentionally misrepresenting to any officer or employee of the city any material fact in procuring the permit herein, shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable by a fine not to exceed five hundred dollars ($500.00) for any one offense, or by imprisonment in the county jail for a period of not more than six (6) months, or by both such fine and imprisonment. (Ord. 284, 6-13-1985)
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.
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 3. EFFECTIVE DATE.
This Ordinance shall become effective thirty (30) days after its final passage and adoption.
Introduced: ________
Passed and Adopted: _____
_____________________________
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 ____ day of April, 2022, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this ___ day of May, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Public Hearing- Site Plan and Design Review Application No. 2021-04 - Sequeira Apartments, requesting to develop three new attached housing units on property located at 1920 8th Street.
April 19, 2022
Miguel Galvez, Contract City Planner
Vanessa Portillo, City Manager
RECOMMENDATION:
Adopt City Council Resolution No. 2022- _, approving Site Plan and Design Review Application No. 2021-04 for the development of three attached housing unit and a six-space parking lot on property at 1920 8th Street, (APN #: 024-184-026).
BACKGROUND AND DISCUSSION:
The applicant and owner, Frank Sequeira is proposing to develop a single-story, 2,760 square foot triplex residential structure with a 6-space parking lot on an 8,375 square foot vacant lot. The subject site is generally located on the west side of 8th Street, south of D Street at 1920 8th Street and is located in the R-3, High Density Zoning District.
The structure will be comprised of three 920 square foot housing units. Each housing unit would consist of 2 bedrooms and 1 bathroom. A fenced patio area consisting of 100 square feet of private open space will be provided for each unit. The on-site parking lot consists of five standard parking stalls, one handicapped parking stall, and a twelve-foot wide driveway with a hammerhead turn around at the end of the private drive. The parking lot will be served with one light standard centrally located north of the parking lot. The structure will incorporate solar panels on its roof. Air Conditioning units will be located on the ground, within the enclosed patio areas, to obscure their view from the street. On site storm water runoff will be collected, stored and discharged on-site through a French drain system proposed in the parking lot. The project will incorporate perimeter wood fencing along the western and southern property lines The subject property is vacant and street improvements have been installed. The existing driveway approach is proposed to be relocated and redeveloped to align with the new private drive that will serve the parking lot. A landscape plan will be submitted with the application of the building permit. The landscaping will include climate adaptive plants and a low water use irrigation system.
The triplex will incorporate entrance porches, sliding glass doors to the rear private areas, a composition shingle roof, stucco walls with stone veneer siding. The project site will incorporate landscaping in front of the units and in the parking lot. A light standard will be installed in central northern portion of the parking lot. The hammerhead turn around lane will be designated as fire lane with no parking allowed in the drive lanes.
ANALYSIS:
The subject site is one of a few remaining vacant multi-family properties in this neighborhood.
Surrounding properties are also zoned R-3, High Density Residential. To the north, there are two adjoining parcels, one is developed with two residential units and the other is developed with a single-family dwelling. To the south there is a larger parcel that is developed with four detached residential dwellings. To the west, there is a parcel developed with a single family dwelling. To the east, across 8th Street, there are parcels developed with single and multi-family dwellings.
A new sewer line with sewer laterals were recently installed along 8th Street to serve parcels along the west side of 8th Street. Properties were previously served by a sewer line that was located in a sewer easement, traversing the interior of the properties.
Staff referred this proposal to various departments and agencies for comment and possible conditions for approval. The City Engineer responded with a memo dated December 10, 2021, with a list of recommended Conditions of Approval for the Site Plan and Design Review application. This memo is included in the attached City Council Resolution as one of the Conditions of Approval. The vast majority of the Engineering Conditions are standard Conditions required by City and State rules and regulations.
ISSUES
Staff did not identify any design or development issues with this development proposal.
There is one non-development issue with current address of the property. The address of the property is 1920 8th Street, which is out of sequence with the addresses of neighboring properties.
Properties on this city block are numbered in the address range of 700 to 800. Upon development, a new property address will be assigned to replace the existing address to be sequential with property addresses in this neighborhood. The change in address will facilitate location of the property by public safety personnel.
GENERAL PLAN
Development proposals are required to be reviewed for conformance with the City's General Plan.
The following discussion evaluates how the project conforms to the City's current General Plan.
The 1999 Livingston General Plan included the following Residential Land Use Objectives.
A. Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents.
Policy 1. c. High Density Residential contemplates a range of 12 to 29 units per gross acre.
The subject site is proposing three units at a density of 15.6 units per acre, which is within the development range of the High Density Residential Designation.
B. Promote stable, high quality residential standards.
The project will serve to develop a vacant lot in an area that is planned for high density residential development density.
2 Policy 2. b. Development standards for interface between multi-family and residential and single family residential.
Multi-family parking areas are required to have a landscaped setback of 10 feet when adjacent to next to single family zoning. As the project's proposed parking abuts property also zoned R-3, there is no setback required for the parking lot and drive aisles.
Policy 4 Site development techniques should be encouraged which ensure a mix of housing types throughout the community.
The neighborhood is zoned R-3 and is developed with a mixture of single family and multifamily dwellings. The proposed two-bedroom units will help to provide housing opportunities to households that are unable to obtain homeownership opportunities.
The 2016 adopted Housing Element identified the following Housing Goals and Policies.
C. Goal 1: Housing and Economic Diversity. Promote the development of a balanced residential environment, including a range of housing types, with access to employment opportunities, community facilities, and adequate services to meet the needs of residents and persons working in Livingston.
Policies:
1. 1) Encourage the development of a variety of housing types at various prices in order to maintain a diverse housing stock for residents of all income levels.
1.6) Maintain an adequate housing stock to accommodate increases in the work force.
1. 7) Encourage both commercial and residential development in Livingston in order to maintain a balance between jobs and housing.
The project will result in the development of three new market rate apartment units that will located near the City's downtown area.
D. Goal 3: Encourage the development of housing to meet the needs of lower- and moderateincome households, particularly those with special needs.
Policies:
3. 2) Provide technical assistance to developers of affordable housing for lower-income or special needs populations.
City staff provided guidance to the applicant in the design of the project to ensure compliance with development standards on a project that will serve needs of lower- and moderate-income households.
ZONING ORDINANCE
The property is zoned R-3 and, as such, the Livingston Municipal Code requires all new construction to undergo Site Plan and Design Review consideration by the Planning Commission for a recommendation to the City Council for final consideration.
A Site Plan and Design Review application allows the City to evaluate the development proposal to assure compatibility, harmony in appearance with the neighborhood, reduction of any negative impacts, and orderly development of the area. The triplex will incorporate entrance porches, sliding glass doors to the rear private areas, a composition shingle roof, stucco walls with stone 3 veneer siding. The project site will incorporate landscaping in front of the units and in the parking lot. A light standard will be installed in central northern portion of the parking lot. The hammerhead turn around lane will be designated as fire lane with no parking allowed in the drive lanes.
Staff is of the opinion that the design, height, materials, and development intensity is consistent with the surrounding neighborhood. The subject property is small, but its proposed design meets the development standards of the R-3 zoning district. Given the City's strong need for more rental units, staff is very supportive of this request.
ENVIRONMENTAL REVIEW:
The construction of this residential structure is a "Project" which is subject to review under the California Environmental Quality Act (CEQA). The proposed Project qualifies for a Categorical Exemption under two classifications of the CEQA Guidelines. Class 3, Section 15303 (b) - New Construction of no more than four new dwellings per site. Class 32, Section 15332- Infill Development. This Exemption applies to Projects within the City Limits that are consistent with the General Plan and Zoning Ordinance, provided all utilities and City services are available, no more than 5 acres in size on land with no value as habitat for endangered, rare, or threatened species. The project site is within a developed urban location and complies with all of the above listed conditions to qualify for this categorical exemption. This development would also have no significant effects relating to traffic, noise, air, or water quality. A Notice of Exemption citing these categorical exemptions is recommended.
PLANNING COMMISSION ACTIONS AND RECOMMENDATION:
The Planning Commission held a Public Hearing on March 8, 2022 to consider this Site Plan and Design Review application. The applicant attended the meeting to present their request and answer questions from the Commission. The Commission asked if any of the units were to be dedicated as handicapped unit. The applicant responded that all of three units are designed to accommodate households with a handicapped person. There were no questions from members from the public in attendance. At the conclusion of the public comments, the Commission on a vote of 5-0, approved Planning Commission Resolution No. 2022-01, recommending approval of this application to the City Council, subject to findings and thirteen Conditions of Approval.
FISCAL IMPACT:
The Project would increase property taxes and assessments to the City. Staff costs associated with processing the Site Plan and Design Review application is subject to reimbursement from the applicant.
RECOMMENDATION:
Staff and the Planning Commission are of the opinion that the proposed use is consistent with City rules and standards, which would also increase rental housing that is affordable to working families. This is in compliance with the goals and policies of the City's 2016 Housing Element.
The recommended conditions of approval allow staff to administratively review and approve the landscaping and irrigation plans as these elements are detailed during the construction phase of the Project. Staff recommends the City Council adopt Resolution 2022-_, approving the Site Plan and Design Review 2021-04, based on the Findings and Conditions of Approval discussed in the staff report and reflected in the attached resolution. 4 ATTACHMENTS:
1. City Council Resolution 2022-_.
Exhibit "A", Conditions of Approval
Exhibit "B", 12/10/21 Memo from Mario Gouveia.
2. Parcel Map, Aerial, General Plan, Zoning Map and Vicinity Map
3. Site Plan, Floor Plan, and Elevations
4. Color Samples for Exterior Stucco and Exterior Trim
5. Cultured Stone Sample
6. Lighting Standards
7. Draft Notice of Exemption
5 RESOLUTION 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING SITE PLAN AND DESIGN REVIEW APPLICATION NO. 2021-04
TO DEVELOP THREE NEW ATTACHED HOUSING UNITS ON PROPERTY LOCATED ON WEST SIDE OF 8TH STREET, SOUTH OF D STREET AT 1920 8TH STREET, LIVINGSTON, CA, (APN: 024-184-026)
WHEREAS, pursuant to Livingston Municipal Code ("LMC") Section 5-6-7, Frank Sequeira, owner and applicant, submitted Site Plan and Design Review Application No. 2021-04 for the development of three new attached housing units on property located on the west side of 8th Street, south of D Street at 1920 8th Street, Livingston, CA (Assessor Parcel Number 024-184-026); and
WHEREAS, the site is zoned R-3 (High Density Residential), and has a General Plan designation of High Density Residential according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; and
WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review application for new structures within the R-3 zoning district to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development, and orderly development of the community; and
WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and WHEREAS, the proposed project is categorically exempt from the California Environmental Quality Act ("CEQA") under Section 15303 (b) New Construction of no more than four dwellings per site and under Section 15332 In-Fill Development Projects and a Notice of Exemption will be filed with the Merced County Clerk within five (5) days of project approval; and WHEREAS, staff has reviewed the project with reference to the 1999 General Plan and the Zoning Ordinance (specifically Sections 5-6-7 "C" thru "E"); and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use, its site plan and design, is generally consistent with the General Plan, is permitted and complies with the Zoning Ordinance in that the site plan and design meets the zoning standard and requirements (including those specifically referenced above).
NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby adopts Resolution 2022-_, approving the Site Plan and Design Review Application No. 2021-04- Sequeira Apartments project.
BE IT FURTHER RESOLVED that the Conditions of Approval within City Council Resolution 2022-_, Exhibit A and B, are hereby approved.
Passed and adopted this 19th 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 19th day of April, 2022. 2 Leticia Vasquez-Zurita, City Clerk
Of the City of Livingston
Exhibit A
Conditions of Approval
1. The Developer shall comply with all federal, state and local laws, policies, standards and requirements applicable to such a use and obtain a building permit and all other permits applicable to such a use and shall pay all fees and exactions applicable to such a use; and
2. The Developer shall include residential sprinklers in the development consistent with the requirements of the Merced County Fire Department and shall comply with other Fire Department requirements and standards; and
3. The Developer shall comply with the 20 Conditions of the City Engineer as listed in the Memo dated December 10, 2021, attached hereto and made a part of this Resolution; and
4. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with this project; and
5. The development of the site shall be consistent with approved plans, elevations, and colors. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff; and
6. The developer shall submit final landscape and irrigation plans for City staff review and approval specifying plant selection, size and irrigation consistent with the preliminary landscape concept submitted as part of the application and described in the associated staff report and shall pay the landscape inspection fee to insure installation was done according to plan; and
7. Any exterior lighting shall be submitted for City staff review and approval. Such lighting shall be directed to areas on the subject property itself and shall avoid shinning toward adjacent properties; and
8. The Developer shall comply with all requirements of PG&E as it relates to the construction of the project; and
9. The Developer and/or Operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner.
10. The Developer shall install a six-foot privacy wood fencing along the western and southern boundaries in compliance the City's fence height provisions.
11. If storm waterrunoff from the site is to be discharged into an MID facility, the Owner would be required to enter into a Storm Drainage Agreement with MID, paying all applicable fees.
12. MID reserves the right for further comment as unforeseen circumstances may arise. 3 13. The Developer shall annex this Project site into the Community Facilities District (CFO) No. 2017-01 prior to the issuance of the Certificate of Occupancy, including payment of administrative costs associated with the annexation.
4 EXHIBIT"B"
GOUVEIA ENGINEERING
MEMORANDUM
TO:
FROM:
John Anderson, Contract City Planner
Mario B. Gouveia, City Engineer
SUBJECT: Engineering Response to Project Referral for SPDR 2021-04 1920 8th Street Triplex Project DATE: December 10, 2021
CC: Vanessa Portillo, Interim City Manager
These are tbe Engineering comments and/or conditions of approval for Site Plan and Design Review 2021-04 for 1920 8th Street in tbe City of Livingston.
1. The developer/applicant shall prepare improvement plans (separate from the building plans) for all applicable site development including site grading and drainage, utilities, parking lot, site lighting, striping and signage, landscape, and offsite ( street frontage) improvements.
2. Public improvements shall conform to the latest edition of the City Improvement Standards and Specifications and any modifications thereto approved by the City Eugineer in place at tbe time of construction. The work shall comply witb all other applicable State, Federal, and local laws and regulations.
3. All proposed and existing rights-of-way and easements shall be shown on the improvement plans.
4. Applicant shall prepare an Erosion Sediment Control Plan (ESCP) pursuant to tbe City of Livingston's MS4 Phase II Permit requirements for construction activities.
5. Unless exempt, prepare and provide volumetric sizing calculations, low development impact (LID) measures, operation and maintenance plan (O&M), and statement of responsibility agreement for storm water management in accordance with the City of Livingston's Post-construction Standards Plan and pursuant to tbe City's Phase II MS4 Permit requirements.
6. Unless exempt, prepare a Dust Control Plan (DCP) and file tbe Plan witb the San Joaquin Valley Air Pollution Control District for construction activities pursuant to Regulation Vill (Rules 8011-8081).
7. A soils report prepared by a California registered geotechnical engineer shall be submitted to the City Engineer as part of the improvement plans. 'The soils report shall include recommendations for tbe structural sections for parking lots, excavation, compaction, clearing and grubbing requirements, etc.
8. Prepare grading and encroachment permits for the project. Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City's improvement standards, municipal code, and ordinances.
9. Applicant shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks.
I 0. Applicant shall cause tbe dedication of a 10-ft PUE to the City of Livingston for 8th Street as shown on the site plan for tbe Sequeira Triplex.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600 14 Memorandum
Page2
1 1. Applicant shall construct all proposed connections for dry utilities including gas, electric, telephone and Cable TV underground and within required easements by the respective utilities. Applicant shall dedicate any required easements for existing overhead lines affecting the project site.
12. Applicant shall construct street frontage improvements including, but not limited to, sidewalks, curb and gutter, driveway approaches, street lighting, landscaping, striping and signage on 8th Street to extend the length of the property as required and approved by the City of Livingston.
13. Applicant shall replace/repair all existing roadway improvements (i.e pavement, curb and gutter, etc.) not meeting ADA and/or City standards along the street frontage extending the length of the property on 8th Street as required and approved by the City of Livingston.
14. Provide ADA accessible path of travel as applicable.
15. On-site parking areas must be designed and constructed in accordance with City Standards and as required by the City fLivingston.
16. Applicant shall construct project to contain surface runoff from on-site development to a collection point (s) within the project site and conveyed off-site via underground pipes connected to curb drains that discharge at roadway gutter for gravity drain into the nearest storm drain inlet.
17. The City is planning on installing a water service stub out for this property. If available, Applicant shall use this stub out for connecting to the 8-inch water main on 8th Street for all proposed domestic, irrigation, and fire suppression services. Domestic and irrigation lines shall have separate metered connections. Developer shall incorporate water recirculation for residential sprinkler system at the water service or onsite plumbing.
Connections shall include shutoff valves, corporation stops, water meters, backflow preventers, post indicator valves, and fire department connections, as applicable.
J 8. Connect to the existing property stub out for connection to the 8-inch sewer main on 8th Street for sanitary service.
19. Repairs to any damaged City Facilities caused by construction and construction-related activities shall be completed at Developer's sole cost.
20. Provide trash collection facilities as approved by the City Planner. ,._,_.,,,....,..,,.,.,_ _________ , ______ ,-----------~~-------- 456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600 15 CITY OF LIVINGSTON
PROJECT & ENVIRONMENTAL REVIEW-PROJECT REFERRAL
DATE:
TO:
State Agencies
() CaltransDist. 10, Tom Dumas & Hilda Sousa
( ) California Fish & Game Region 5, Craig Bailey
( ) Regional Water Quality Control Board, Region 5
Local Agencies
()
()
()
(X)
(X)
(X)
(X)
(X)
(X)
(X)
(X)
()
Charter Communication, Abel Davila (X)
PG & E, Plan Review Team (X)
Merced Union High School District, Melissa Miller (X)
Merced Irrigation District, Ann-Marie Felsinger (X)
Merced Irrigation District, Mike Morris ( )
MID,.•· ()
MID, '"'i'"•'".. 0
Merced Irrigation District, Kevin L. Malone ()
MCAG, Stacie Guzman
City Staff
(X) Interim City Manager, Vanessa Portillo
(X) City Engineer, Mario Gouveia
(X) Gouveia Engineering, Noe Martinez
(X) Building lnspector, Nick Gonzales
(X) Recreation Superintendent, Jacquie Benoit
() City Council (5)
() City Hall Counter
FROM: John B. Anderson, Contract City Planner
(X)
(X)
(X)
()
(X)
(X)
()
SNAPCD
State Clearinghouse (15)
Other
Frontier Communications, Kirby Bernard
Livingston Unified School District, Nick Jones
U.S. Post Office, Sucha S. Attwal
Gilton Solid Waste, Ted Gilton
Merced County Planning, Mark Hendrickson
Merced County LAFCo, Bill Nicholson
Merced County Farm Bureau, Breanne Ramos
Livingston Library, Angelica Gomes
Merced County Fire, Rich Bohn - Fire Marshal
Merced County Fire, Brian White-Battalion Chief
Merced County Fire, Mark Pimentel - Battalion Chlef
City Attorney, Tom Hallinan
Police Chlef, FWD to: Deanna Soria
Public Works Superintendent, Tony Avina
Planning Commission (7)
City of Livingston, 1416 C Street, Livingston, CA 95334 TYPE OF APPLICATION & PROJECT TITLE:
SPDR 2021-04 - Site Plan and DesiL~1 Review for a single story triplex structure. comprised of three (31 920 sq. ft. dwelling units with two 12} bedrooms and one ( 1) bath. The subject property is located at 1920 8th Street, Livingston, CA. APN # 024-184-026. The subject property is owned by Frank Sequeria.
The subject property is currently vacant and is zoned R-3 (High Density Residential) with an HD (High Density Residential) General Plan designation. The site plan illustrates six (6) off street parking stalls with a hammerhead tum around at the end of a private drive. Public water and sewer are available to the site.
I
ATTACHED REFERENCE MATERIALS: The materials attached to assist in the review of this project include:
Please review the attached application materials and submit your comments to me no later than December I 0, ~02L regarding required information, permits and/or approvals in consideration of this project. Your comments should include any foreseeable problems which might be created by the project and any conditions you feel are necessary to the granting of approval. You may return a response by either completing the comment section below or writing a detailed Jetter and sending it to the Livingston Planning Department via fax: (209) 394-4190, email:
msh,;h,,:§l'iivb,tcs\oi,dr;y ccrr,, or regular mail: City of Livingston Planning Department, 1416 C Street, Livingston, CA 95334. The response form is requested for our files; if you have no comments, please indicate that on this response form and return to the Livingston Planning Department.
RESPONSE REQUESTED BY: John B. Anderson, Contract City Planner, City of Livingston, (209) 394-5510, Ext. 123.
******PLEASE COMPLETE THE FOLLOWING OR SUBMIT A SEPARATE COMMENT LETTER****** ,,,_/
COMMENT(S):~
PERSON REVIEWING PROJECT: A)o/
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18 Site Plan & Design Review 2021-04
Frank Sequeria
1920 8th Street, APN: 024-184-026-000
Zoning: R-3, High Density Residential
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Notice of Exemption Appendix E
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
From: (Public Agency): __________ _
City of Livingston
County Clerk
1416 "C" Street, Livingston, CA 95334
County of: _M_e_rc_e_d ----- (Address)
2222 M Street
Merced, CA 95340
Project Title: Site Plan and Design Review Application No. 2021-04 - Sequeira Apartments Project Applicant: Frank Sequeira
Project Location - Specific:
1920 8th Street, Livingston, CA 95334
Project Location - City: _L_iv_i_n~g_st_o_n ____ _ Project Location - County: _M_e_r_c_e_d ____ _ Description of Nature, Purpose and Beneficiaries of Project:
Proposal to develop a 2,760 square foot triplex and a 6-space parking lot. The new housing units will serve three households
Name of Public Agency Approving Project: _C_i-"ty_of_L_iv_in__,g=.s_t_o_n _____________ _ Name of Person or Agency Carrying Out Project: _F_r_a_n_k_S_e_q_,_u_e_i_ra ____________ _ Exempt Status: (check one):
D Ministerial (Sec. 21080(b)(1 ); 15268);
D Declared Emergency (Sec. 21080(b)(3); 15269(a));
□ Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
El Categorical Exemption. State type and section number: 15303 (b) and 15332 D Statutory Exemptions. State code number: _________________ _ Reasons why project is exempt:
The project consist of developing three units and the project site is located within the City Limits where utilities and services are available and the subject project site is under 5 acres in Size.
Lead Agency .
Contact Person: Miguel Galvez Area CodefTelephone/Extension: 209-394-8041 If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? • Yes No Signature: ___________ Date: ______ Title:
• Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code.
Reference: Sections 211 OB, 21152, and 21152.1, Public Resources Code.
Date Received for filing at QPR: ____ _
Revised 2011
Print Form
STAFF REPORT
AGENDA ITEM: Public Hearing and Adoption of the City’s 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan MEETING DATE: April 19, 2022
PREPARED BY: Alfonso Manrique, Alternate City Engineer
REVIEWED BY: Vanessa Portillo, City Manager
RECOMMENDATION:
Conduct public hearing to receive and consider public comments regarding the public draft of the City of Livingston’s 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan. If no major comments are received, Staff recommends that City Council approve a resolution adopting the City’s the 2020 Urban Water Management Plan and the 2020 Water Shortage Contingency Plan.
BACKGROUND:
The Draft 2020 Urban Water Management Plan (UWMP) evaluates the City’s current water supply and delivery systems and plans for current and future water use trends in the community, describes the City’s water supply source and the water system, and documents the water demand management measures in place to balance supply and demand through the year 2045. The purpose of the UWMP is to evaluate long-term resource planning and establish management measures to ensure that adequate water supplies are available to meet existing and future demand. The UWMP provides a framework to help water suppliers maintain efficient use of urban water supplies, promote conservation programs and policies, ensure that sufficient water supplies are available for future beneficial use and provide a response mechanism during drought conditions or other water shortages.
DISCUSSION:
The California Water Code requires all urban water suppliers within the state to prepare and adopt a UWMP for submission to the California Department of Water Resources (DWR). The UWMPs must be updated every five years and satisfy the requirements of the Urban Water Management Planning Act (UWMPA) of 1983 including amendments that have been made to the Act. The UWMPA requires urban water suppliers servicing 3,000 or more connections or supplying more than 3,000-acre feet (AF) of water annually, to prepare an UWMP. In 2020, the City of Livingston supplied 8,530 AF (2,779.5 Million Gallons) of water for municipal purposes to a population of approximately 15,455 through a total of number of 2,779 service connections. Thus, the City is classified as an “urban water supplier” as defined in Section 10617 of the CWC. In accordance with the CWC, as an urban water supplier, the City is required to update its urban water management plan every five years. The City submitted its first UWMP to the DWR in 2005.
New legislation in 2018 created a Water Shortage Contingency Plan (WSCP) mandate replacing the water shortage contingency analysis under former law and California Water Code. The purpose of the WSCP is to document the process used by the City to anticipate water supply disruptions and describe how the City intends to address a water shortage. The 2020 UWMP is an update to the City’s 2015 UWMP. The Draft 2020 UWMP satisfies all regulatory requirements, documenting current and future water supplies and demands. As part of the UWMP, the Draft WSCP services as a guide for the City’s intended actions during water shortage conditions and includes stages of response to a water shortage, such as a drought, that occur over a period of time, as well as catastrophic supply interruptions which occur suddenly. The primary objective of the WSCP is to ensure that the City has in place the necessary resources and management responses needed to protect health and human safety, minimize economic disruption, and preserve environmental and community assets during water supply shortages and interruptions.
The UWMP helps guide the City’s water resource management by documenting water use targets and demands, describing available water supplies and supply utilization, outlining water demand management programs, and documents compliance with water use targets. The City’s previous WSCP has been updated to comply with new requirements, summarized below. Development of these plans has included public noticing regarding the preparation of the plans and solicitation of input from local agencies and the public.
Key findings of the 2020 UWMP include the following:
• The City has met water conservation use targets for 2020. • Water supplies are sufficient to serve the existing community and planned future development.
• Continued implementation of conservation program activities is planned to maintain compliance with state requirements for conservation and water use.
The WSCP has been updated to define six prescribed water shortage levels and to include response actions that align with the six shortage levels, based on water supply and demand conditions. The WSCP also includes procedures for conducting annual supply assessments, and communication protocols corresponding to the defined levels of shortage. The WSCP is included in Chapter 8 of UWMP but is required to be adopted independently from the UWMP. Any future amendments to the WSCP can be independent of the UWMP.
Notices announcing this Public Hearing and adoption of the 2020 UWMP were mailed to the City of Atwater, City of Merced, County of Merced, Merced County Association of Governments, and Merced Irrigation District. In accordance with the CWC, this public hearing was also noticed on February 18, 2022, and February 25, 2022, in the local newspaper and copies of the draft UWMP were made available online, and at City Hall.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of the 2020 UWMP and WSCP. In order for an urban water supplier to be eligible for any water management grant or loan administered by DWR, the agency must have a current UWMP on file that has been determined by DWR to address the requirements of the CWC. A current UWMP must also be maintained by the water supplier throughout the term of any grant or loan administered by DWR. A UWMP may also be required in order to be eligible for other State funding, depending on the conditions that are specified in the funding guidelines. The City’s 2020 Plan has been prepared in order to meet eligibility requirements for grants and loans administered by the State and/or the DWR.
ATTACHMENTS:
1. Resolution of the City Council of the City of Livingston adopting the 2020 Urban Water Management Plan.
2. Resolution of the City Council of the City of Livingston adopting the 2020 Water Shortage Contingency Plan.
3. 2020 Urban Water Management Plan.
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADOPTING THE 2020 URBAN WATER MANAGEMENT PLAN
WHEREAS, the California Urban Water Management Planning Act ("Act") (California Water Code Sections 10610 et. seq.) requires urban water suppliers providing municipal water directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually to develop an Urban Water Management Plan; and
WHEREAS, the Act requires that an urban water management plan be updated every five years and submitted to the California Department of Water Resources by July, in the years ending in 1 and 6; and
WHEREAS, the City of Livingston last updated its Urban Water Management Plan in October 2016; and
WHEREAS, the City's 2020 Urban Water Management Plan must be adopted, after public review and hearing, and filed with the California Department of Water Resources; and WHEREAS, a Draft 2020 Urban Water Management Plan has been prepared and circulated for public review; and all comments received have been reviewed and considered; and, following publication of notices on February 18, 2022, and February 25, 2022, a properly noticed public hearing was held by the City Council on April 19, 2022, prior to adoption of the Final Urban Water Management Plan, all in compliance with the requirements of the Act.
NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council herby: ADOPTS THE CITY OF LIVINGSTON'S 2020 URBAN WATER MANAGEMENT PLAN AND AUTHORIZES THE
PUBLIC WORKS DIRECTOR TO FILE THE FINAL URBAN WATER MANAGEMENT PLAN
WITH THE CALIFORNIA DEPARTMENT OF WATER RESOURCES, SUBMIT COPIES AS
REQUIRED BY THE ACT, MAKE AVAILABLE FOR PUBLIC REVIEW, AND TAKE ACTIONS NECESSARY OR ADVISABLE TO CARRY OUT THE PURPOSE OF THIS RESOLUTION.
AYES:
NOES:
ABSTAIN:
ABSENT:
Juan Aguilar Jr., Mayor
of the City of Livingston
Pagelof2
ATTEST:
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 19th day of April, 2022.
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADOPTING THE 2020 WATER SHORTAGE CONTINGENCY PLAN
WHEREAS, the California Urban Water Management Planning Act ("Act") (California Water Code Sections 10610 et. seq.) requires urban water suppliers providing municipal water directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually to develop an Urban Water Management Plan; and
WHEREAS, the City's 2020 Water Shortage Contingency Plan must be adopted, after public review and hearing, and filed with the California Department of Water Resources; and WHEREAS, the City of Livingston last updated its Urban Water Management Plan in October 2016;and
WHEREAS, a Draft 2020 Water Shortage Contingency Plan has been prepared and circulated for public review; and all comments received have been reviewed and considered; and, following publication of notices on February 18, 2022, and February 25, 2022, a properly noticed public hearing was held by the City Council on April 19, 2022, prior to adoption of the Final Urban Water Management Plan, all in compliance with the requirements of the Act.
NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council herby: ADOPTS THE CITY OF LIVINGSTON'S 2020 WATER SHORTAGE CONTINGENCY PLAN AND AUTHORIZES
THE PUBLIC WORKS DIRECTOR TO FILE THE FINAL WATER SHORTAGE CONTINGENCY
PLAN WITH THE CALIFORNIA DEPARTMENT OF WATER RESOURCES, SUBMIT COPIES
AS REQUIRED BY THE ACT, MAKE AVAILABLE FOR PUBLIC REVIEW, AND TAKE ACTIONS NECESSARY OR ADVISABLE TO CARRY OUT THE PURPOSE OF THIS RESOLUTION.
AYES:
NOES:
ABSTAIN:
ABSENT:
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 19th day of April, 2022.
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
AM Consulting Engineers, Inc – 5150 N Sixth Street, Suite 124 – Fresno CA 93710 – P: 559.473.1371 – F: 559.513.8449
CITY OF LIVINGSTON
2020 URBAN WATER
MANAGEMENT PLAN
February 2022
Prepared by:
Consulting ~ Engineers
City of Livingston
2020 Urban Water Management Plan
Table of contents
ii
TABLE OF CONTENTS
LAY DESCRIPTION..........................................................................................................................................1 CHAPTER 1 - INTRODUCTION AND OVERVIEW.............................................................................................8
1.1. Background and Purpose ...................................................................................................................8
1.2. Urban Water Management Planning and the California Water Code...............................................8
1.2.1. Urban Water Management Planning Act of 1983 ......................................................................8
1.2.2. Applicable changes to the Water Code since 2015 ....................................................................9
1.2.3. Water Conservation Act of 2009 (SB X7-7)...............................................................................10
1.3. Urban Water Management Plan in Relation to Other Planning Efforts ..........................................11
1.4. 2020 UWMP Organization ...............................................................................................................11 CHAPTER 2 - PLAN PREPARATION...............................................................................................................13
2.1. Introduction .....................................................................................................................................13
2.2. Basis for Preparing a Plan ................................................................................................................13
2.2.1. Public Water Systems................................................................................................................13
2.2.2. Agencies Serving Multiple Service Areas/Public Water Systems..............................................14
2.3. Individual or Regional Planning and Compliance.............................................................................14
2.4. Fiscal or Calendar Year and Units of Measure.................................................................................14
2.4.1. Fiscal or Calendar Year..............................................................................................................14
2.4.2. Reporting Complete 2015 Data ................................................................................................15
2.4.3. Units of Measure.......................................................................................................................15
2.5. Coordination and Outreach .............................................................................................................15
2.5.1. Wholesale and Retail Coordination ..........................................................................................15
2.5.2. Coordination with Other Agencies and the Community...........................................................16
2.5.3. Notice to Cities and Counties....................................................................................................16 CHAPTER 3 - SYSTEM DESCRIPTION............................................................................................................17
3.1. Introduction .....................................................................................................................................17
3.2. General Description .........................................................................................................................17
3.3. Service Area Map.............................................................................................................................18
3.4. Service Area Climate ........................................................................................................................18
3.5. Service Area Population and Demographics....................................................................................19 City of Livingston
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3.5.1. Service Area Current and Projected Population .......................................................................19
3.5.2. Other Social, Economic and Demographic Factors...................................................................20
3.6. Land Uses Within Service Area ........................................................................................................20 CHAPTER 4 - WATER USE CHARACTERIZATION...........................................................................................23
4.1. Introduction .....................................................................................................................................23
4.2. Non-Potable Versus Potable Water Use..........................................................................................23
4.3. Past, Current, and Projected Water Use by Sector..........................................................................23
4.3.1. Water Use Sectors Listed in Water Code..................................................................................24
4.3.2. Water Use Sectors in Addition to Those Listed in Water Code ................................................25
4.3.3. Past Water Use..........................................................................................................................25
4.3.4. Distribution System Water Losses............................................................................................26
4.3.5. Current Water Use ....................................................................................................................27
4.3.6. Projected Water Use.................................................................................................................27
4.3.7. Characteristic Five-Year Water Use ..........................................................................................29
4.4. Water Use for Lower Income Households.......................................................................................30
4.5. Climate Change Considerations.......................................................................................................32 CHAPTER 5 - SB X7-7 BASELINES, TARGETS, AND 2020 COMPLIANCE .......................................................33
5.1. Introduction .....................................................................................................................................33
5.2. Overview and Background...............................................................................................................33
5.3. General Requirements for Baseline and Targets.............................................................................33
5.4. Service Area Population...................................................................................................................34
5.5. Gross Water Use ..............................................................................................................................34
5.6. Baseline and Targets Summary........................................................................................................34
5.7. 2020 Compliance Daily Per Capita Water Use .................................................................................35
5.7.1. 2020 Adjustments for Factors Outside of Supplier’s Control ...................................................35
5.7.2. 2020 Compliance Daily Per Capita Water Use ..........................................................................35
5.8. Regional Alliance..............................................................................................................................36 CHAPTER 6 - SYSTEM SUPPLIES CHARACTERIZATION.................................................................................37
6.1. Introduction .....................................................................................................................................37
6.2. Purchased or Imported Water.........................................................................................................37 City of Livingston
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6.3. Groundwater....................................................................................................................................37
6.3.2. Groundwater Basin Description................................................................................................38
6.3.3. Multiple Groundwater Basins...................................................................................................39
6.3.4. Groundwater Sustainability Plan ..............................................................................................39
6.3.5. Overdraft Conditions.................................................................................................................40
6.3.6. Historical Groundwater Pumping .............................................................................................41
6.4. Surface Water ..................................................................................................................................42
6.5. Stormwater......................................................................................................................................42
6.6. Wastewater and Recycled Water ....................................................................................................42
6.6.1. Recycled Water Coordination...................................................................................................42
6.6.2. Wastewater Collection, Treatment, and Disposal ....................................................................43
6.6.3. Recycled Water System.............................................................................................................44
6.6.4. Potential, Current, and Projected Recycled Water Uses..........................................................47
6.6.5. Actions to Encourage and Optimize Future Recycled Water Use.............................................48
6.7. Desalinated Water Opportunities....................................................................................................49
6.8. Water Exchanges or Transfers.........................................................................................................49
6.9. Future Water Projects......................................................................................................................49
6.10. Summary of Existing and Planned Sources....................................................................................51
6.11. Climate Change Impacts to Water Supply .....................................................................................52
6.12. Energy Use .....................................................................................................................................52 CHAPTER 7 - WATER SUPPLY RELIABILITY AND DROUGHT RISK ASSESSMENT...........................................56
7.1. Introduction .....................................................................................................................................56
7.2. Water Service Reliability Assessment..............................................................................................56
7.2.1. Constraints on Water Sources ..................................................................................................56
7.2.2. Year Type Characterization.......................................................................................................59
7.2.3. Supply and Demand Comparison..............................................................................................60
7.2.4. Description of Management Tools and Options.......................................................................62
7.3. Drought Risk Assessment.................................................................................................................63 CHAPTER 8 - WATER SHORTAGE CONTINGENCY PLAN ..............................................................................66
8.1. Introduction .....................................................................................................................................66 City of Livingston
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8.2. Water Supply Reliability Analysis.....................................................................................................67
8.3. Annual Water Supply and Demand Assessment Procedures ..........................................................68
8.3.1. Decision Making Process...........................................................................................................69
8.3.2. Data and Methodologies...........................................................................................................69
8.4. Six Standard Water Shortage Stages................................................................................................70
8.5. Shortage Response Actions..............................................................................................................71
8.5.2. Demand Reductions..................................................................................................................73
8.5.3. Supply Augmentation................................................................................................................81
8.5.4. Operational Changes.................................................................................................................81
8.5.5. Emergency Response Plan ........................................................................................................81
8.5.6. Seismic Risk Assessment and Mitigation Plan ..........................................................................81
8.5.7. Shortage Response Action Effectiveness..................................................................................83
8.6. Communication Protocols................................................................................................................83
8.7. Compliance and Enforcement..........................................................................................................84
8.8. Legal Authorities..............................................................................................................................84
8.9. Financial Consequences of WSCP Activation...................................................................................85
8.10. Monitoring and Reporting .............................................................................................................85
8.11. WSCP Refinement Procedures.......................................................................................................86
8.12. Special Water Feature Distinction .................................................................................................86
8.13. Plan Adoption, Submittal, and Availability ....................................................................................87 CHAPTER 9 - DEMAND MANAGEMENT MEASURES....................................................................................88
9.1. Introduction .....................................................................................................................................88
9.2. Demand Management Measures for Retail Agencies.....................................................................88
9.2.1. Water Waste Prevention Ordinance.........................................................................................89
9.2.2. Metering....................................................................................................................................89
9.2.3. Conservation Pricing .................................................................................................................90
9.2.4. Public Education and Outreach.................................................................................................90
9.2.5. Programs to Assess and Manage Distribution System Real Loss..............................................90
9.2.6. Water Conservation Program Coordination and Staffing Support...........................................91
9.2.7. Other Demand Management Measures...................................................................................91 City of Livingston
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9.3. Reporting Implementation...............................................................................................................91
9.3.1. Implementation over the Past Five Years.................................................................................91
9.3.2. Implementation to Achieve Water Use Targets .......................................................................93
9.4. Water Use Objectives (Future Requirements).................................................................................93 CHAPTER 10 - PLAN ADOPTION, SUBMITTAL, AND IMPLEMENTATION.....................................................94
10.1. Inclusion of all 2020 Data...............................................................................................................94
10.2. Notice of Public Hearing ................................................................................................................94
10.2.1. Notice to Cities and Counties..................................................................................................94
10.2.2. Notice to Public.......................................................................................................................95
10.3. Public Hearing and Adoption .........................................................................................................95
10.3.1. Public Hearing .........................................................................................................................96
10.3.2. Adoption .................................................................................................................................96
10.4. Plan Submittal................................................................................................................................96
10.4.1. Submitting a UWMP and Water Shortage Contingency Plan to DWR....................................97
10.4.2. Electronic Data Submittal .......................................................................................................97
10.4.3. Submitting UWMP, including WSCP, to the Cities and Counties............................................97
10.4.4. Submitting UWMP to the Cities and Counties........................................................................97
10.5. Public Availability ...........................................................................................................................97
10.6. Notification to Public Utilities Commission ...................................................................................98
10.7. Amending an Adopted Plan ...........................................................................................................98
10.7.1. Amending a UWMP.................................................................................................................98
10.7.2. Amending a Water Shortage Contingency Plan......................................................................98
APPENDIX A LEGISLATIVE REQUIREMENTS
APPENDIX B NOTICE OF PLAN PREPARATION
APPENDIX C SERVICE AREA MAPS
APPENDIX D ANNUAL WATER AUDIT REPORTS
APPENDIX E MERCED AUTHORITY INTEGRATED REGIONAL WATER MANAGEMENT PLAN CLIMATE
CHANGE VULNERABILITY ASSESSMENT
APPENDIX F SB X7-7 COMPLIANCE FORM
APPENDIX G GROUNDWATER SUBBASIN BULLETIN 118
City of Livingston
2020 Urban Water Management Plan
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vii
APPENDIX H ENERGY INTENSITY TABLES
APPENDIX I WATER CONSERVATION RESOLUTIONS (RESOLUTION NO. 2015-23 & 2016-55)
APPENDIX J RATE STRUCTURE
APPENDIX K NOTICE OF PUBLIC HEARING (NOT INCLUDED IN DRAFT UWMP)
APPENDIX L PUBLICATION OF NOTICE OF PUBLIC HEARING (NOT INCLUDED IN DRAFT UWMP) APPENDIX M 2020 UWMP AND WSCP ADOPTION RESOLUTION (NOT INCLUDED IN DRAFT UWMP) APPENDIX N 2020 UWMP CHECKLIST
List of Tables
Table LD-1 Overview of the 2020 UWMP .....................................................................................................1 Table LD-2 Population - Current and Projected (Submittal Table 3-1).........................................................3 Table LD-3 Retail Demands for Potable and Raw Water - Projected............................................................4 Table 2-1 Public Water Systems (Submittal Table 2-1)...............................................................................14 Table 2-2 Plan Identification (Submittal Table 2-2) ....................................................................................14 Table 2-3 Supplier Identification (Submittal Table 2-3)..............................................................................15 Table 2-4 Water Supplier Information Exchange (Submittal Table 2-4)....................................................16 Table 3-1 Climate Data................................................................................................................................18 Table 3-2 Population - Current and Projected (Submittal Table 3-1).........................................................20 Table 3-3 Land Use Designation within City of Livingston..........................................................................21 Table 4-1 Historical Water Use by Sector...................................................................................................25 Table 4-2 Last Five Years of Water Loss Audit Reporting (Submittal Table 4-4).........................................26 Table 4-3 Demands for Potable Water - Actual (Submittal Table 4-1) .......................................................27 Table 4-4 Projected Number of Total Connections by User Type...............................................................28 Table 4-5 Use for Potable Water - Projected (Submittal Table 4-2)...........................................................29 Table 4-6 Total Water Use (Potable and Non-Potable) (Submittal Table 4-3) ...........................................29 Table 4-7 Five-Year Water Use - Projected.................................................................................................30 Table 4-8 Projected Number of Additional Low Income Housing Units.....................................................31 Table 4-9 Projected Water Use Needed for Additional Low Income Housing Units..................................31 Table 4-10 Inclusion in Water Use Projections (Submittal Table 4-5)........................................................31 Table 5-1 Baselines and Targets Summary From SB X7-7 Verification Form (Submittal Table 5-1)...........35 Table 5-2 2020 Compliance from SB X7-7 2020 Compliance Form (Submittal Table 5-2) .........................35 City of Livingston
2020 Urban Water Management Plan
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viii
Table 6-1 Groundwater Well Capacity........................................................................................................38 Table 6-2 Groundwater Volume Pumped (Submittal Table 6-1)................................................................42 Table 6-3 Wastewater Collected Within Service Area in 2020 (Submittal Table 6-2) ................................44 Table 6-4 Wastewater Treatment and Discharge Within Service Area in 2020 (Submittal Table 6-3) ......45 Table 6-5 Recycled Water Direct Beneficial Uses Within Service Area (Submittal Table 6-4)....................46 Table 6-6 2015 UWMP Recycled Water Use Projection Compared to 2020 Actual (Submittal Table 6-5) 48 Table 6-7 Methods to Expand Future Recycled Water Use (Submittal Table 6-6).....................................49 Table 6-8 Expected Future Water Supply Projects or Programs (Submittal Table 6-7)..............................50 Table 6-9 Water Supplies (Submittal Table 6-8).........................................................................................51 Table 6-10 Water Supplies — Projected (Submittal Table 6-9)..................................................................54 Table 6-11 Recommended Energy Reporting - Total Utility Approach (DWR Table O-1B:) .......................55 Table 6-12 Recommended Energy Reporting - Wastewater & Recycled Water (DWR Table O-2:) ...........55 Table 7-1 Groundwater Quality by Well .....................................................................................................57 Table 7-2 Basis of Water Year Data (Reliability Assessment) (Submittal Table 7-1) ..................................60 Table 7-3 Normal Year Supply and Demand Comparison (Submittal Table 7-2)........................................61 Table 7-4 Single Dry Year Supply and Demand Comparison (Submittal Table 7-3)....................................61 Table 7-5 Multiple Dry Years Supply and Demand Comparison (Submittal Table 7-4)..............................61 Table 7-6 Five-Year Drought Risk Assessment Tables to address Water Code Section 10635(b) (Submittal Table 7-5) 64
Table 8-1 Cross Reference for Mandated State and Existing Livingston Water Shortage Levels...............71 Table 8-2 Water Shortage Contingency Plan Levels (Submittal Table 8-1) ................................................72 Table 8-3 Water Usage Reduction by State ................................................................................................73 Table 8-4 Demand Reduction Actions (Submittal Table 8-2)......................................................................76 Table 8-5 Emergency Actions from Emergency Response Plan..................................................................82 Table 10-1 Notification to Cities and Counties (Submittal Table 10-1) ......................................................95 City of Livingston
2020 Urban Water Management Plan
Abbreviations
1 ABBREVIATIONS
AF Acre-Feet
AFY Acre-Feet per Year
AWWA American Water Works Association
ACS American Community Survey
AB Assembly Bill
AMR Automatic Radio Read Meter
BMP Best Management Practice
CIMIS California Irrigation Management Information System CWC California Water Code
City City of Livingston
Census United States Census Bureau
DMM Demand Management Measure
DOF Department of Finance
DWR Department of Water Resources
DDW Division of Drinking Water
DRA Drought Risk Assessment
EAR Electronic Annual Reports
eARDWP Electronic Annual Reports to the Drinking Water Program ERP Emergency Response Plan
ETo Evapotranspiration
GPCD Gallons per Capita Day
gpm Gallons per Minute
GAC Granular Activated Carbon
GHG Greenhouse Gas
GSA Groundwater Sustainability Agency
GSP Groundwater Sustainability Plan
HCD California Department of Housing and Community Development CCF Hundred Cubic Feet
in Inch
City of Livingston
2020 Urban Water Management Plan
Abbreviations
2 ITP Independent Technical Panel
IRWMP Integrated Regional Water Management Plan
kWh Kilowatt-Hour
kWh/MG Kilowatt-Hours per Million Gallons
LAFCO Local Agency Formation Commission
MCL Maximum Contaminant Level
MHI Median Household Income
MCAG Merced County Association of Governments
MSGSA Merced Subbasin Groundwater Sustainability Agency MIUGSA Merced Irrigation-Urban Groundwater Sustainability Agency MercedWRM Merced Water Resources Model
MAF Million Acre-Feet
MG Million Gallons
MGD Million Gallons per Day
µg/L Microgram per Liter
MFR Multi-Family Residential
PWS Public Water System
RHNA Regional Housing Needs Allocation
SB Senate Bill
SFR Single Family Residential
EC Specific Conductivity
SOI Sphere of Influence
SWRCB State Water Resources Control Board
SWTP Surface Water Treatment Plant
SGMA Sustainable Groundwater Management Act
TCP 1,2,3-Trichloropropane
TIWD GSA-1 Turner Island Water District Groundwater Sustainability Agency #1 UWMP Urban Water Management Plan
UWMPA Urban Water Management Plan Act
WSCP Water Shortage Contingency Plan
WWTP Wastewater Treatment Plant
City of Livingston
2020 Urban Water Management Plan
Abbreviations
3 WDR Waste Discharge Requirements
WRCC Western Regional Climate Center
City of Livingston
2020 Urban Water Management Plan
Lay Description
1 LAY DESCRIPTION
The City of Livingston (City) has prepared this 2020 Urban Water Management Plan (UWMP) as required by the California Department of Water Resources (DWR) for all urban water suppliers that provide water for municipal purposes to more than 3,000 customers within the State of California. This 2020 UWMP follows the State’s requirements as defined in the California Water Code (CWC) and in the Urban Water Management Guidebook 2020 (DWR, 2021). The City’s 2020 UWMP was adopted by the City of Livingston’s City Council on , 2022, and submitted to DWR within 30 days after adoption.
The 2020 UWMP is summarized in the flowing sections in a lay description, or executive summary, which provides the key components of each chapter of the UWMP. Table LD-1 provides a summary of each chapter within the City’s 2020 UWMP.
Table LD-1 Overview of the 2020 UWMP
Chapter Information Within Chapter
Chapter 1 – Introduction and
Overview
• General legal requirements for the 2020 UWMP.
• Plan organization.
Chapter 2 – Plan Preparation • Plan preparation.
• Coordination and outreach.
Chapter 3 – System Description
• Description of the City of Livingston's service area and water system. • Climate and hydrologic characteristics.
• Current and projected population, socioeconomics, and demographics.
Chapter 4 – Water Use
Characterization
• Description of the City's water use.
• Current and projected water use and demand.
• System water losses.
• Climate change impacts on water use.
Chapter 5 – SB X7-7 Baselines,
Targets, and 2020 Compliance
• Baseline daily gross per capita water use.
• 2020 target compliance.
Chapter 6 – Water Supply
Characterization
• Description of the City's water supplies, including groundwater, surface water, recycled water, and wastewater.
• Expected future water projects.
• Current and projected water supplies.
• Climate change and regulatory condition impacts to supplies.
Chapter 7 – Water Service
Reliability and Drought Risk
Assessment
• Description of constraints on the City’s groundwater supplies. • Projections for water supplies and demands under normal, single dry year, and five-consecutive dry years conditions.
• Regional supply reliability.
• Climate change impacts on supply reliability.
Chapter 8 – Water Shortage
Contingency Plan
• Annual Water Supply and Demand Assessment procedures. • Description of the City’s water shortage levels and actions. • Compliance and enforcement for water shortage actions. • Catastrophic and seismic risk assessment for the City’s water system. • Overview of communication protocols.
Chapter 9 – Demand
Management Measures
• Description of the City’s Demand Measurement Measures implemented over the past five years.
• Current and future Demand Measurement Measures.
City of Livingston
2020 Urban Water Management Plan
Lay Description
2 Table LD-1 Overview of the 2020 UWMP
Chapter Information Within Chapter
Chapter 10 – Plan Adoption,
Submittal, and Implementation
• Procedures followed for 2020 UWMP noticing and adoption process. • Plan and amendment submittal process.
This 2020 UWMP reports on a calendar year basis, with 2020 spanning from January 1, 2020, through December 31, 2020. UWMP regulations require the City to report actual supply and demand for 2020 in addition projected supply and demand in five-year increments through 2045. Projecting supply and demand through 2045 allows the City to assess the reliability and potential shortages that may come from population growth, climate change, and projected regional supply changes.
CHAPTER 1 – INTRODUCTION AND OVERVIEW
Water planning is an essential function of water suppliers and is critical as California continues to deal with ongoing drought conditions and expected long-term climate changes. Prior to the adoption of the Urban Water Management Planning Act (UWMPA) in 1983, there were no specific requirements for water agencies to conduct long-term resource planning. The UWMPA provided the foundation for the development of the UWMP, which provides the framework for long-term water planning. Additionally, the UWMP informs the public about water agencies long-term resource planning efforts that will ensure adequate water supplies for existing and future demands. This 2020 UWMP documents the availability of an appropriate level of reliability of water service sufficient to meet the needs of the City during normal, single dry and 5-consecutive dry years. A long-term reliable supply of water is essential to protect the productivity of the City and California’s business and economic climate.
This 2020 UWMP is intended to serve as a general, flexible, and open-ended document that can be periodically updated to reflect changes in regional water supply trends and water use efficiency policies.
This UWMP, along with other City of Livingston planning documents, will be used by City staff to guide water use and management efforts through the year 2025, when the UWMP is required to be updated.
CHAPTER 2 – PLAN PREPARATION
The City has prepared this 2020 UWMP in accordance with the UWMPA, sections 10610 through 10656 of the CWC. This UWMP summaries the City’s projected retail water demands and characterizes the source water available to meet those demands for the years of 2025 through 2045. This UWMP also describes the reliability of the City’s groundwater supplies and discusses the City’s water shortage contingency plan during drought conditions and catastrophic events.
The City encouraged participation in this Plan by surrounding water management agencies, water retailers, public agencies, and members of the community. The draft UWMP was available for review at the Livingston City Hall located at 1416 C Street, Livingston, CA 95334, and as a PDF on the City’s website (www.cityoflivingston.org) prior to the public hearing. The final 2020 UWMP will also be available at the Livingston City Hall or as a PDF on the City’s website.
CHAPTER 3 – SYSTEM DESCRIPTION
The City of Livingston provides potable water service to a population of approximatley 15,448 residents, as well as commercial, industrial, and public facilities within its service area boundary. Located in north central Merced County within the Central Valley of California, the City is approximately 115 miles City of Livingston
2020 Urban Water Management Plan
Lay Description
3 southeast of San Francisco and 290 northwest of Los Angeles. The City is centrally located between Stockton and Fresno along the State Highway 99 corridor. The Union Pacific Railroad passes through the City along the general alignment of State Highway 99.
The City of Livingston is the governing agency and the sole purveyor of water within the City limits. The City owns and operates a public water system that provides water services to 2,779 metered connections.
Historically, the City has provided water to residential, commercial, industrial, and institutional customers and for fire protection by use of groundwater wells. The City currently uses eight active wells, Well Nos. 8, 9, 11, 12, 13, 14, 16, and 17, to extract groundwater from the Merced Subbasin. The City’s ninth groundwater well, Well No. 15, services as a standby source. The City’s groundwater wells have individual capacities ranging from 800 gallons per minute (gpm) to 2,000 gpm.
The climate within the City’s service area is characterized as an inland Mediterranean type of climate; summers are typically warm and dry, while winters are cool and moist.
According to the Western Regional Climate Center (WRCC), average January temperatures are a maximum of 53.7°F and a minimum of 38.1°F, and average July temperatures are a maximum of 94.6°F and a minimum of 62.6°F. According to WRCC records from the years of 1993 to 2016, the annual precipitation in the City’s service area averages approximatley 10.9 inches. Snow is a rare occurrence for the City.
The City of Livingston has historically experienced steady population growth and future projections anticipate further growth. According to the Department of Finance (DOF), population within the City as of January 1, 2021, was 15,448, which was up from 13,058 at the 2010 Census and up from 10,437 at the 2000 Census. According to these population figures, the City has experienced an average annual growth rate of approximatley 1.98 percent over the last 20 years. Current and projected populations through 2045 are shown in Table LD-2
Table LD-2 Population - Current and Projected (Submittal Table 3-1) Population Served 2020 2025 2030 2035 2040 2045
15,448 17,039 18,794 20,730 22,865 25,220
NOTES:
(1) An annual growth rate of 1.98% is used to project population growth within the City of Livingston service area through 2045.
CHAPTER 4 – WATER USE CHARACTERIZATION
This chapter describes and quantifies the City’s current water use and future water use projections through the year 2045. Water use records, combined with projections of population, provide the basis for estimating future water requirements. Water use projections provided in this chapter will allow the City to accurately analyze the use of the water resources and conduct good resource planning. Additionally, the future demand estimates presented in this chapter will allow the City to adequately manage the water supply and appropriately plan their infrastructure investments.
This chapter also details total water demand and potable demand. Water demands refer not only to the water used by customers but also water used as part of the system maintenance and operation, as well as unavoidable losses inherent in the operation of a water distribution system. Total water demand within the City was approximatley 2,267 million gallons (MG) per year on average between 2015 and 2019, and 2,779 MG in 2020. Table LD-3 summarizes the 2020 actual water uses and the projected demand through City of Livingston
2020 Urban Water Management Plan
Lay Description
4 2045 in five-year increments. Chapter 4 of this UWMP describes the methodologies and assumptions uses in projected future demands.
Table LD-3 Retail Demands for Potable and Raw Water - Projected Use Type 2020 2025 2030 2035 2040 2045
Single Family Residential 580 626 675 729 787 850
Multi Family Residential 58 62 67 73 79 85
Commercial(1) 89 96 104 112 121 130
Industrial 1,854 2,001 2,160 2,332 2,517 2,717
Landscape Irrigation 61 66 71 77 83 89
Other Potable 1 1 1 1 1 1
Losses 138 138 138 138 138 138
TOTAL 2,779 2,989 3,216 3,461 3,725 4,010
NOTES:
(1)The City tracks commercial and institutional customer water uses as one.
Accounting for historical water use, expected population increase and other growth, climatic variability, water conservation, and other assumptions, the potable water demand within City’s service area is projected to increase to 4,010 MG by 2045.
CHAPTER 5 – SB X7-7 BASELINES, TARGETS, AND 2020 COMPLIANCE The Water Conservation Act of 2009, also known as the SB X7-7, required urban retail water suppliers to set water conservation targets for 2020 to support the overall State goal of reducing urban per capita water use by 20 percent by 2020. As required by the Act, individual supplier conservation targets had to be determined using one of four methods that are based upon a baseline of use that was calculated using the specific guidelines described in DWR’s Methodologies for Calculating Baseline and Compliance Urban Per Capita Water Use (DWR, 2011).
In 2015, the City of Livingston calculated their baselines and targets based on the requirements and methodologies presented in the 2015 UWMP Guidebook. In the 2015 UWMP, the City demonstrated compliance with their interim water use target for the year 2015 and that the City was on track to achieve its 2020 target. In Chapter 5 of this 2020 UWMP, the City demonstrates that it has achieved its 2020 target.
CHAPTER 6 – WATER SUPPLY CHARACTERIZATION
The City acquires all of its water supply from the underlying groundwater basin via a series of wells. The City’s existing system facilities include eight active groundwater wells and one standby well. The nine wells have a combined capacity of 10,900 gpm. Water is distributed by a network of lines ranging in size from two to 16-inches in diameter. The water system also includes a 1.0 MG welded steel storage tank that is used for water storage.
The City is located within the geomorphic province known as the Central Valley, which is divided into the Sacramento Valley and the San Joaquin Valley. The groundwater underlying the City is part of the larger San Joaquin Valley Groundwater Basin within the San Joaquin River Hydrologic Region. The San Joaquin Valley Groundwater Basin is further divided into nine subbasins. The City’s groundwater supply is extracted from the Merced subbasin, which is classified the DWR as a critical overdraft subbasin.
City of Livingston
2020 Urban Water Management Plan
Lay Description
5 Following the passage of the Sustainable Groundwater Management Act (SGMA) by California Governor Edmund G. Brown Jr. in September 2014, County of Merced and water districts and cities within the Merced Subbasin formed three GSAs in accordance with SGMA: Merced Irrigation-Urban Groundwater Sustainability Agency (MIUGSA), Merced Subbasin Groundwater Sustainability Agency (MSGSA), and Turner Island Water District Groundwater Sustainability Agency #1 (TIWD GSA-1). The City of Livingston is a member of the MIUGSA, which was formed by an MOU between the Merced Irrigation District, City of Merced, City of Atwater, City of Livingston, Le Grand Community Services District, Planada Community Services District, and Winton Water and Sanitary District. The City and the MIUGSA is working collaboratively to achieve sustainable groundwater conditions by 2040 in accordance with SGMA.
In addition to the water system, the City also provides wastewater collection and treatment for a combination of residential, commercial, and industrial users. The existing sewer collection system is comprised of a network of approximately 29 miles of sewer pipelines ranging from six to 27 inches in diameter and includes nine lift stations and associated force mains. Wastewater is conveyed by the sewer collection system to the City’s Domestic WWTP, located northwest of the City. The City’s Domestic WWTP has a design capacity of 2.0 million gallons per day (MGD) and discharges undisinfected secondary effluent to evaporation/percolation ponds located on 40 acres of City owned land adjacent to the WWTP. The City does not currently treat any wastewater to disinfected tertiary water standards to allow it to be used as a component of its water supply.
The City also owns an industrial wastewater treatment plant. The industrial WWTP was used in the past to treat wastewater generated solely from the Foster Farms poultry processing plant. However, this facility has been abandoned and Foster Farms has now constructed an on-site wastewater treatment plant. The onsite WWTP consists of fine screening, flow equalization, and extended aeration. Treated effluent is used by Foster Farm to irrigate crops within their own land.
CHAPTER 7 – WATER SERVICE RELIABILITY AND DROUGHT RISK
ASSESSMENT
Water supply reliability describes the long-term reliability of the City to meet the water needs of its customers under varying conditions. Chapter 7 describes the City’s reliability to meet customer’s demands through the year 2045 by analyzing plausible hydrological variability, regulatory variability, climate conditions, and other factors that affect the water supply and the customer’s water use. Per the new requirements of the CWC, this chapter presents an assessment of the City’s water supply by comparing projected future demands with expected water suppliers under three different hydrologic condition:
normal year; a single dry year; and multiple dry years.
Reliability is expressed in terms of the City’s water system ability to deliver water during normal water years and in years of water supply shortages. Reliability may be quantified by the amount and frequency of water delivery reductions required to balance customer demands with available water supplies. Based on the resiliency of the groundwater basin and if potable groundwater can be extracted by the City wells, which are individual sources in certain respects, it is not anticipated that a single or multiple dry year period will reduce the availability of water supply to the City. Groundwater has and will continue to provide drought protection for the City. However, the City has engaged in extensive emergency planning in preparation for potential service interruptions and has prepared a Water Shortage Contingency Plan City of Livingston
2020 Urban Water Management Plan
Lay Description
6 (WSCP) that will be implemented during drought conditions. Chapter 7 concludes that no water supply shortages are anticipated in the City’s service are during the planning period.
CHAPTER 8 – WATER SHORTAGE CONTINGENCY PLAN
Water shortage contingency planning is a strategic planning process to prepare for and respond to water shortages. The purpose of a WSCP is to include stages of response to a water shortage, such as a drought, that occur over a period of time, as well as catastrophic supply interruptions which occur suddenly. The primary objective of a WSCP is to ensure that a supplier has in place the necessary resources and management responses needed to protect health and human safety, minimize economic disruption, and preserve environmental and community assets during water supply shortages and interruptions.
Since the City sole source of water supply is obtained from the critical overdraft Merced subbasin, the City is committed to promoting water conservation measures to maintain the reliability of the groundwater basin. On May 5, 2015, the Livingston City Council adopted Resolution No. 2015-23 declaring a local drought emergency and adopting mandatory water conservation measures so that the water supply could be conserved for the greater public benefit. Per the requirements of the UWMPA, the City’s 2015 UWMP included a WSCP, which described the mandatory use restrictions that would be required to prepare for and respond to various levels of water shortages. On October 26, 2016, the City Council’s adopted Resolution No. 2016-55, which rescinded Resolution 2015-23 and replaced it with the WSCP contained in the 2015 UWMP.
The 2020 WSCP presented in this Chapter updates the City’s WSCP presented in their 2015 UWMP, which included only five stages of voluntary and mandatory water conservation measures. For the 2020 WSCP, each of the six water shortage stages represent an increasing gap between the City’s estimated water supplies and the unconstrained water demand or the gap between supply and demand at any time due to an unforeseen event that interrupts water supplies. The six shortage stages correspond to 10, 20, 30, 40, 50 percent, and greater than 50 percent shortage compared to the normal reliability conditions, as required by new legislation.
CHAPTER 9 – DEMAND MANAGEMENT MEASURES
The City recognizes water use efficiency as an integral component of current and future water strategy in its service area. Demand management measures (DMMs) refer to policies, programs, rules, regulation and ordinances, and the use of devices, equipment, and facilities that, over the long term, have been generally justified and accepted by the industry as providing the means to achieve a “reliable” reduction in water demand. This means providing education, tools, and incentives to help residents and businesses reduce the amount of water used on their property. The City has aggressively pursued conservation to reduce demand and stretch existing water supplies.
The UWMPA originally required implementation of fourteen DMMs; also known as best management practices (BMP). In 2014, the section of the CWC addressing DMMs was significantly modified based on recommendations from the Independent Technical Panel (ITP) to the legislature. The ITP recommended that the UWMP Act should be amended to simplify, clarify, and update the DMM reporting requirements, reorganizing the 14 specific measures to six more general requirements plus a “other” category. Urban water suppliers can choose to follow the six general requirements or report by type of DMM.
City of Livingston
2020 Urban Water Management Plan
Lay Description
7 The City realizes the importance of DMMs to ensure a reliable future water supply. In this 2020 UWMP, the City has reported on the seven DMM described in the 2020 UWMP Guidebook. The DMMs that have been or are planning to be implemented within the City’s water service area are detailed in Chapter 9.
CHAPTER 10 – PLAN ADOPTION, SUBMITTAL, AND IMPLEMENTATION During preparation of the 2020 UWMP, the City notified the City of Atwater, City of Merced, County of Merced, Merced County Association of Governments, and Merced Irrigation District that it was updating their 2015 UWMP in compliance with the 2020 UWMP Guidebook and invited each agency to participate in the process. On , 2022, a notice of public hearing was mailed, notifying each agency the date and time of the public hearing, contact information, and where the draft UWMP would be available for review. This occurred within the required 60-day notification period prior to the public hearing.
In accordance with Government Code 6066, the notice of the public hearing was also published in the City’s local press to notify the general public. The notice included the date and time of the public hearing, as well as the location where the Plan is available for public inspection.
The 2020 UWMP was adopted by Resolution No. on , 2022,
following the public hearing. The public hearing gave the general public the opportunity to comment on the Plan and further allowed the Livingston City Council to consider any further modifications of the UWMP in response to public input before adoption.
The UWMP was submitted to the DWR electronically on , 2022. A copy of the UWMP was submitted to the California State Library, Kings River Conservation District, Fresno Irrigation District, Consolidated Irrigation District, City of Fresno, City of Clovis, City of Reedley, and County of Fresno within 30 days of approval of the Plan. Finally, copies of the adopted UWMP were also made available to the public within 30 days following adoption. The public can access an electronic copy of the Plan on the City’s website and also obtain a copy at City Hall office during normal business hours.
City of Livingston
2020 Urban Water Management Plan
Chapter 1 – Introduction and Overview
8 CHAPTER 1 - INTRODUCTION AND OVERVIEW
1.1. Background and Purpose
The California Water Code requires all urban water suppliers within the state to prepare and adopt Urban Water Management Plans (UWMP) for submission to the California Department of Water Resources (DWR). The UWMPs must be updated every five years and satisfy the requirements of the Urban Water Management Planning Act (UWMPA) of 1983 including amendments that have been made to the Act. The UWMPA requires urban water suppliers servicing 3,000 or more connections or supplying more than 3,000-acre feet (AF) of water annually, to prepare an UWMP.
The purpose of the UWMP is to maintain efficient use of urban water supplies, continue to promote conservation programs and policies, ensure that sufficient water supplies are available for future beneficial use, and provide a mechanism for response during water drought conditions. This report, which was prepared in compliance with the California Water Code (CWC), and as set forth in the guidelines and format established by the DWR, is the City of Livingston’s (City) 2020 UWMP.
1.2. Urban Water Management Planning and the California Water Code Water planning is an essential function of water suppliers, but it is critical as California grapples with ongoing drought and expected long-term climate changes. Prior to the adoption of the UWMPA, there were no specific requirements that water agencies conduct long-term resource planning. While many water agencies had conducted long-term water supply and resource planning prior to the Act, those who had not were left vulnerable to supply disruptions during dry periods or catastrophic events.
1.2.1. Urban Water Management Planning Act of 1983
In 1983, State Assembly Bill (AB) 797 modified the California Water Code Division 6, by creating the UWMPA. Several amendments to the original UWMPA, which were introduced since 1983, have increased the data requirements and planning elements to be included in 2020 UWMP.
Initial amendments to the UWMPA required that total projected water use be compared to water supply sources over the next 20 years, in 5-year increments. Recent DWR guidelines also suggest projecting through a 25-year planning horizon to maintain a 20-year timeframe until the next UWMP update has been completed and for use in developing Water Supply Assessments.
Other amendments require that UWMPs include provisions for recycled water use, demand management measures, and a Water Shortage Contingency Plan (WSCP), set forth therein. Recycled water was added in the reporting requirements for water usage and figures prominently in the requirements for evaluation of alternative water supplies when future projections predict the need for additional water supplies. Each urban water purveyor must coordinate the preparation of the WSCP with other urban water purveyors in the area, to the extent practicable. Each water supplier must also describe their water demand management measures that are being implemented or scheduled for implementation.
In addition to the UWMPA and its amendments, there are several other regulations that are related to the content of the UWMP. In summary, the key relevant regulations are:
City of Livingston
2020 Urban Water Management Plan
Chapter 1 – Introduction and Overview
9 • Chapter 1 - AB 1420: Requires implementation of demand management measures (DMMs)/best management practices (BMPs) and meeting the 20 percent reduction by 2020 targets (mandated by SBx7-7) to qualify for water management grants or loans. • Chapter 2 - AB 1465: Requires water suppliers to describe opportunities related to recycled water use and stormwater recapture to offset potable water use. • Chapter 3 - Amendments Senate Bill (SB) 610 (Costa, 2001), and SB 221 (Daucher, 2001), which became effective beginning January 1, 2002, require counties and cities to consider information relating to the availability of water to supply large new developments by mandating the preparation of further water supply planning (Daucher) and Water Supply Assessments (Costa). • Chapter 4 - SB 1087: Requires water suppliers to report single family residential (SFR) and multifamily residential (MFR) projected water use for planned lower income units separately. • Chapter 5 - Amendment SB 318 (Alpert, 2004) requires the UWMP to describe the opportunities for development of desalinated water, including but not limited to, ocean water, brackish water, and groundwater, as long-term supply.
• Chapter 6 - AB 105 (Wiggins, 2004) requires urban water suppliers to submit their UWMPs to the California State Library.
• Chapter 7 - SBx7-7: Requires development and use of new methodologies for reporting population growth estimates, base per capita use, and water conservation. This water bill also extended the 2010 UWMP adoption deadline for retail agencies to July 1, 2011.
A copy of the current version of the UWMPA, as incorporated in Sections 10610 through 10657 of the California Water Code (CWC), is provided in Appendix A.
1.2.2. Applicable changes to the Water Code since 2015
Table 1-1 provides a summary of the changes to the CWC since 2015:
Table 1-1 Changes to the CWC since 2015
Topic CWC Section Legislative
Bill Summary
Five Consecutive DryYear Water Reliability
Assessment
Section
10635(a)
SB 606
Hertzberg
2018
The Legislature modified the dry-year water reliability planning from a “multiyear” time period to a “drought
lasting five consecutive water years” designation. This statutory change requires a Supplier to analyze the
reliability of its water supplies to meet its water use over an extended drought period.
Drought Risk
Assessment
Section
10635(b)
SB 606
Hertzberg
2019
The Legislature created a new UWMP requirement for
drought planning in part because of the significant
duration of recent California droughts and the
predictions about hydrological variability attributable to climate change. The Drought Risk Assessment requires
a Supplier to assess water supply reliability over a fiveyear period from 2021 to 2025 that examines water supplies, water uses, and the resulting water supply
reliability under a reasonable prediction for five
consecutive dry years.
City of Livingston
2020 Urban Water Management Plan
Chapter 1 – Introduction and Overview
10 Table 1-1 Changes to the CWC since 2015
Topic CWC Section Legislative
Bill Summary
Seismic Risk Section
10632.5
SB 664
Hertzberg
2015
The Water Code now requires Suppliers to specifically
address seismic risk to various water system facilities and to have a mitigation plan.
Energy Use
Information
Section
10631.2
SB 606
Hertzberg
2018
The Water Code now requires Suppliers to include
readily obtainable information on estimated amounts
of energy for their water supply extraction, treatment, distribution, storage, conveyance, and other water
uses. The reporting of this information was voluntary in the 2015 UWMP.
Water Loss Reporting
for Five Years
Section
10631(d)(3)(C)
AB 1414
Friedman
2019
The Water Code added the requirement to include the
past five years of water loss audit reports as part of the 2020 UWMP
Water Shortage
Contingency Plan
(WSCP)
Section 10632
SB 606
Hertzberg
2019
In 2018, the Legislature modified the UWMP laws to
require a WSCP with specific elements. The WSCP is a
document that provides a Supplier with an action plan
for a drought or catastrophic water supply shortage.
Groundwater
Supplies
Coordination
Section 10631
AB 1414
Friedman
2019
In 2014, the Legislature enacted the Sustainable
Groundwater Management Act (SGMA) to address
groundwater conditions throughout California. The
Water Code now requires Suppliers’ 2020 UWMPs to be
consistent with Groundwater Sustainability Plans, in
areas where those plans have been completed by
Groundwater Sustainability Agencies.
Lay Description Section
10630.5
SB 606
Hertzberg
2019
The Legislature included a new statutory requirement
for Suppliers to include a lay description of the
fundamental determinations of the UWMP, especially
regarding water service reliability, challenges ahead,
and strategies for managing reliability risks.
1.2.3. Water Conservation Act of 2009 (SB X7-7)
With the adoption of the Water Conservation Act of 2009, also known as SB X7-7, the State of California is required to reduce urban per capita water use by 20 percent by the year 2020. To achieve this statewide objective, the Legislature required each urban supplier to report in their 2015 UWMPs their Base Daily per Capita Water Use (Baseline Gallons per Capita Day (GPCD)), 2015 Interim Urban Water Use Target, 2020 Urban Water Use Target (2020 Target), and Compliance Daily per Capita Water Use. The Legislature stated that the cumulative results of each urban supplier’s reduction would meet the statewide legislative requirement.
No new requirements were created for water use targets, baselines, or compliance since the UWMP 2015.
However, for this 2020 UWMP, urban suppliers must demonstrate whether they have achieved their 2020 Target as reported in their 2015 UWMP. The City’s compliance with their 2020 Confirmed Target is detailed in Chapter 5 of this 2020 UWMP.
City of Livingston
2020 Urban Water Management Plan
Chapter 1 – Introduction and Overview
11 1.3. Urban Water Management Plan in Relation to Other Planning Efforts Urban suppliers provide information on water management specific to their service areas. However, water management does not happen in isolation; there are other planning processes that integrate with the UWMP to accomplish urban planning. Some of these plans include City, District and County General Plans, Water Master Plans, Recycled Water Master Plans, integrated resource plans, Integrated Regional Water Management Plans, Groundwater Management Plans, and others.
1.4. 2020 UWMP Organization
The information contained in this 2020 UWMP corresponds to items in the UWMPA and other amendments to the Water Code. This 2020 UWMP has been organized following the DWR’s recommended outline and the following is a description of each chapter and a brief description of the content in each chapter:
• Chapter 1 - Introduction and Overview: This introductory chapter describes the UWMP Act, the UWMP preparation and adoption process, and amendments to the Water Code since the preparation of the 2015 UWMP. This Chapter also provides a discussion on the importance and extent of the City’s water management planning efforts. • Chapter 2 - Plan Preparation: This chapter provides information on the process followed for developing the UWMP, including efforts in coordination and outreach. • Chapter 3 - System Description: This chapter includes a general description of the City’s water supply system, including a description of the City’s service area, climate, projected population, and other social, economic, and demographic factors.
• Chapter 4 - System Water Use: This chapter describes and quantifies the current and projected water uses within City’s service area.
• Chapter 5 – SB X7-7 Baselines, Targets and 2020 Compliance: This chapter describes the City’s compliance with the 2020 per-capita target value that was adopted in 2015 UWMP and states the City’s compliance value based on actual 2020 customer water use. • Chapter 6 - System Supplies: This chapter describes and quantifies the current and projected sources of water available to the City. This chapter also includes a description and quantification of potential recycled water uses and supply availability. • Chapter 7 - Water Supply Reliability and Drought Risk Assessment: This chapter presents an assessment of the reliability of the City’s water supply and projects the reliability over a 20-year planning horizon, for normal, single dry years, and five consecutive dry years. • Chapter 8 - Water Shortage Contingency Plan: This chapter provides City’sstaged plan for dealing with water shortages, incorporating prescriptive information and standardized action levels, along with implementation actions in the event of a catastrophic supply interruption. • Chapter 9 - Demand Management Measures: This chapter describes the City’s efforts to promote conservation and to reduce demand on its water supply and addresses several demand management measures.
City of Livingston
2020 Urban Water Management Plan
Chapter 1 – Introduction and Overview
12 • Chapter 10 - Plan Adoption, Submittal, and Implementation: This chapter describes the steps taken to adopt and submit the 2020 UWMP and to make it publicly available. This chapter also includes a discussion of City’s plan to implement the UWMP.
City of Livingston
2020 Urban Water Management Plan
Chapter 2 – Plan Preparation
13 CHAPTER 2 - PLAN PREPARATION
2.1. Introduction
This chapter provides the basis for preparing the 2020 UWMP and describes the various levels of regional coordination that City has employed. It also describes the reporting period and the units of measure used by City to report water volumes throughout the 2020 UWMP.
Finally, this chapter also provides a description of the coordination and outreach efforts followed in the preparation of the 2020 UWMP. Coordination and outreach are key elements to developing a useful and accurate UWMP.
2.2. Basis for Preparing a Plan
CWC Section 10617
“Urban water supplier” means a supplier, either publicly or privately owned, providing water for municipal purposes either directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually. An urban water supplier includes a supplier or contractor for water, regardless of the basis of right, which distributes or sells for ultimate resale to customers. This part applies only to water supplied from public water systems.
CWC Section 10620
(b) Every person that becomes an urban water supplier shall adopt an urban water management plan within one year after it has become an urban water supplier.
CWC Section 10621
(a) Each urban water supplier shall update its plan at least once every five years on or before July 1, in years ending in six and one, incorporating updated and new information from the five years preceding each update.
The City of Livingston supplies water for municipal purposes to a population of approximately 26,617 through a total of number of 6,973 metered service connections (as of December 31, 2020). Thus, the City is classified as an “urban water supplier” as defined in Section 10617 of the CWC. In accordance with the CWC, as an urban water supplier, the City is required to update its urban water management plan every five years. The City submitted its first UWMP to the Department of Water Resources (DWR) in 2005. This 2020 UWMP will be the third UWMP submitted by the City of Livingston.
2.2.1. Public Water Systems
CWC Section 10644
(a)(2) The plan, or amendments to the plan, submitted to the department … shall include any standardized forms, tables, or displays specified by the department.
California Health and Safety Code 116275 (h)
“Public Water System” means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year.
City of Livingston
2020 Urban Water Management Plan
Chapter 2 – Plan Preparation
14 The City of Livingstonowns and operates a public water system (PWS# CA5010013) that is regulated by the State Water Resources Control Board, Division of Drinking Water (SWRCB-DDW). The SWCRB-DDW requires reporting on public water systems.
The City files electronic Annual Reports to the Drinking Water Program (eARDWP) to the Board, which include annual reports of water usage and other information. The information provided in this UWMP is consistent with the data reported in the eARDWP.
2.2.2. Agencies Serving Multiple Service Areas/Public Water Systems The City serves only one PWS. Information about that PWS is shown below in Table 2-1.
Table 2-1 Public Water Systems (Submittal Table 2-1)
Public Water System
Number
Public Water System
Name
Number of Municipal
Connections 2020
Volume of
Water Supplied
2020 (MG)
CA5010013 City of Livingston 3,523 2,779
2.3. Individual or Regional Planning and Compliance
The City has developed this 2020 UWMP reporting solely on its service area to address all requirements of the CWC. The City’s 2020 UWMP was not developed as a Regional Plan.
Table 2-2 Plan Identification (Submittal Table 2-2)
Select
Only One Type of Plan
Name of RUWMP
or Regional
Alliance
☒ Individual UWMP
☐ Water Supplier is also a member of a RUWMP
☐ Water Supplier is also a member of a Regional Alliance Regional Urban Water Management Plan (RUWMP)
2.4. Fiscal or Calendar Year and Units of Measure
CWC Section 10608.20
(a)(1) Urban retail water suppliers…may determine the targets on a fiscal year or calendar year basis.
2.4.1. Fiscal or Calendar Year
Water suppliers may report on either a fiscal or calendar year basis. DWR prefers that agencies report on a calendar year basis in order to ensure UWMP data is consistent with data submitted for other reports to the State. The City is reporting on a calendar year basis. All data included in this 2020 UWMP is consistent with the calendar year basis.
City of Livingston
2020 Urban Water Management Plan
Chapter 2 – Plan Preparation
15 2.4.2. Reporting Complete 2015 Data
The 2020 UWMPs are required to include the water use and planning data for the entire calendar year of 2020, if an agency is reporting on a calendar year basis. This 2020 UWMP contains information for the entire 2020 year.
2.4.3. Units of Measure
Water agencies use various units of measure when reporting water volumes, such as acre-feet (AF), million gallons (MG), or hundred cubic feet (CCF). Agencies may report volumes of water in any of these units, but must maintain consistency throughout the UWMP. The City is reporting water volumes in million gallons (MG). Table 2-3 shows the type of agency, type of reporting year, and the units of measurement used throughout this 2020 UWMP.
Table 2-3 Supplier Identification (Submittal Table 2-3) Type of Supplier
☐ Supplier is a wholesaler
☒ Supplier is a retailer
Fiscal or Calendar Year
☒ UWMP Tables are in calendar years
☐ UWMP Tables are in fiscal years
Units of measure used in UWMP
Unit MG
2.5. Coordination and Outreach
CWC Section 10631 (h) An urban water supplier that relies upon a wholesale agency for a source of water shall provide the wholesale agency with water use projections from that agency for that source of water in five-year increments to 20 years or as far as data is available. The wholesale agency shall provide information to the urban water supplier for inclusion in the urban water supplier’s plan that identifies and quantifies, to the extent practicable, the existing and planned sources of water as required by subdivision (b), available from the wholesale agency to the urban water supplier over the same fiveyear increments, and during various water-year types in accordance with subdivision (f). An urban water supplier may rely upon water supply information provided by the wholesale agency in fulfilling the plan informational requirements of subdivisions (b) and (f).
2.5.1. Wholesale and Retail Coordination
When a water supplier relies upon a wholesale agency for a water supply, both suppliers are required to provide each other with information regarding projected water supply and demand. The projections should be consistent with each agency’s supply and demand projections.
The City of Livingstondoes not receive water from any wholesale agency. Standard Table 2-4 is included below indicating that the information requested does not apply to the City of Livingston.
City of Livingston
2020 Urban Water Management Plan
Chapter 2 – Plan Preparation
16 Table 2-4 Water Supplier Information Exchange (Submittal Table 2-4) The retail Supplier has informed the following wholesale supplier(s) of projected water use in accordance with Water Code Section 10631.
Wholesale Water Supplier Name
Not Applicable
2.5.2. Coordination with Other Agencies and the Community CWC Section 10620
(d)(3) Each urban water supplier shall coordinate the preparation of its plan with other appropriate agencies in the area, including other water suppliers that share a common source, water management agencies, and relevant public agencies, to the extent practicable.
CWC Section 10642
Each urban water supplier shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the service area prior to and during the preparation of both the plan and the water shortage contingency plan...
In the preparation this 2020 UWMP, the City has coordinated with other appropriate agencies in the area, to the extent practicable. The City has contacted with the following agencies in the preparation of this 2020 UWMP.
• City of Atwater
• City of Merced
• County of Merced
• Merced County Association of Governments
• Merced Irrigation District
Copies of the letters sent to each of those agencies are included in Appendix B.
2.5.3. Notice to Cities and Counties
CWC Section 10621(b)
Every urban water supplier required to prepare a plan pursuant to this part shall, at least 60 days before the public hearing on the plan required by Section 10642, notify any city or county within which the supplier provides water supplies that the urban water supplier will be reviewing the plan and considering amendments or changes to the plan.
• Agencies must notify cities and counties within which they serve water that the UWMP is being updated and reviewed. As indicated above, City of Atwater, City of Merced, County of Merced, Merced County Association of Governments, and Merced Irrigation District have been notified of the preparation of the 2020 UWMP and invited to participate in the process.
City of Livingston
2020 Urban Water Management Plan
Chapter 3 – System Description
17 CHAPTER 3 - SYSTEM DESCRIPTION
3.1. Introduction
This Chapter provides a general description of the City of Livingston’s water supply system, including a description of the service area, climate, projected population, land use, and other social, economic, and demographic factors.
3.2. General Description
CWC Section 10631.
(a) Describe the service area of the supplier, including current and projected population, climate, and other social, economic, and demographic factors affecting the supplier’s water management planning.
The projected population estimates shall be based upon data from the state, regional, or local service agency population projections within the service area of the urban water supplier and shall be in fiveyear increments to 20 years or as far as data is available. The description shall include the current and projected land uses within the existing or anticipated service area affecting the supplier’s water management planning. Urban water suppliers shall coordinate with local or regional land use authorities to determine the most appropriate land use information, including, where appropriate, land use information obtained from local or regional land use authorities, as developed pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code.
The City of Livingston provides potable water service to a population of approximatley 15,448 residents, as well as commercial, industrial, and public facilities within its service area boundary. Located in north central Merced County within the Central Valley of California, the City is approximately 115 miles southeast of San Francisco and 290 northwest of Los Angeles. Incorporated as a City in 1922, Livingston is centrally located between Stockton and Fresno along the State Highway 99 corridor. The Union Pacific Railroad passes through the City along the general alignment of State Highway 99.
The City of Livingston is the governing agency and the sole purveyor of water within City limits. The City owns and operates a public water system that provides water services to 2,779 metered connections.
Historically, the City has provided water to residential, commercial/institutional, and industrial customers and for fire protection by use of groundwater wells. The City currently uses eight active wells, Well Nos. 8, 9, 11, 12, 13, 14, 16, and 17, to extract groundwater from the Merced Subbasin. The City’s ninth groundwater well, Well No. 15, services as a standby source. The City’s groundwater wells have individual capacities ranging from 800 gallons per minute (gpm) to 2,000 gpm.
The groundwater underlying the City is part of the larger San Joaquin Valley Groundwater Basin within the San Joaquin River Hydrologic Region. The San Joaquin Valley Groundwater Basin is further divided into nine subbasins. The City lies within the Merced Subbasin, just south of the boundaries of the Turlock Subbasin. The City’s wells currently draw water from the non-adjudicated groundwater subbasin with no limits on pumping and that has been labeled as being in a critical state of overdraft.
Livingston is a highly productive agricultural community, where industry includes both farming and agricultural processing. Foster Farms is the largest employer in Livingston and in Merced County with 3,900 employees. Foster Farms is also the largest water user in the City, accounting for approximatley 66 City of Livingston
2020 Urban Water Management Plan
Chapter 3 – System Description
18 percent of the City’s annual water sales. Foster Farms currently uses an average of approximately 5 MG per day for processing. This annual average consumption has remained relatively constant since 2001.
3.3. Service Area Map
A service area map is included in Appendix C of this 2020 UWMP. The service area map contains the City Limits, the potable water service area boundary (same as the public water system boundary), the location of the water supply wells, and the layout of the distribution system (with pipe sizes).
3.4. Service Area Climate
CWC Section 10631(a)
A plan shall… Describe the service area of the supplier, including … climate… CWC Section 10630
It is the intention of the Legislature, in enacting this part, to permit levels of water management planning… while accounting for impacts from climate change.
The City is located within the north central portion of Merced County, which is characterized by an inland Mediterranean type of climate. Summers are typically warm and dry, while winters are cool and moist.
Nearly nine-tenths of the annual precipitation falls during the period of November through April. Rainfall during the summer is rare and very light. Livingston enjoys a very high percentage of sunshine, receiving more than 80 percent of the possible amount during all but the four months of November, December, January, and February. Reduction of sunshine during these months is caused by fog and short periods of stormy weather.
The Western Regional Climate Center (WRCC) has maintained historical climate records for the past 100 years for the Livingston area. According to the WRCC, average January temperatures are a maximum of
53.7°F and a minimum of 38.1°F. Average July temperatures are a maximum of 94.6°F and a minimum of
62.6°F. According to the WRCC records from the years of 1948 to 2016, annual precipitation within the City’s service area averages approximatley 11.88 inches. Snow is a rare occurrence for the City.
Similar to the WRCC, the California Irrigation Management Information System (CIMIS) web site tracks and maintains records of evapotranspiration (ETo) for select cities only. Since there are no CIMIS stations located in the City of Livingston, the ETo statistics presented in the table below come from the City of Merced, which is located 16 miles southeast of the City. It assumed that the Merced region station will be a representative of the Livingston distribution area. Table 3-1 below displays the average monthly precipitation, maximum and minimum average temperatures, and average evapotranspiration within the City’s service area.
Table 3-1 Climate Data
Month
Avg.
Precipitation
(in)(1)
Avg.
Snowfall
(in)(1)
Avg. Max
Temp (°F)(1)
Avg. Min
Temp (°F)(1)
Avg. Eto
(in)(2)
January 2.28 0.0 53.7 38.1 1.24
February 2.07 0.0 60.6 41.7 2.04
March 1.85 0.0 66.5 44.4 3.63
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2020 Urban Water Management Plan
Chapter 3 – System Description
19 Table 3-1 Climate Data
Month
Avg.
Precipitation
(in)(1)
Avg.
Snowfall
(in)(1)
Avg. Max
Temp (°F)(1)
Avg. Min
Temp (°F)(1)
Avg. Eto
(in)(2)
April 1.05 0.0 72.6 48.5 5.02
May 0.43 0.0 80.1 53.1 6.97
June 0.10 0.0 88.5 58.6 7.98
July 0.01 0.0 94.6 62.6 8.47
August 0.02 0.0 92.6 61.0 7.57
September 0.18 0.0 86.9 57.8 5.56
October 0.59 0.0 76.9 51.6 3.60
November 1.24 0.0 63.9 42.9 1.80
December 2.06 0.0 53.4 38.0 1.08
Annual Total/Average 11.88 0.0 74.2 49.9 54.96
NOTES:
(1)Data obtained from the WRCC based on records from January 1, 1893 through December 31, 2016 for the Turlock #2, California Station (049073).
(2) Data obtained from the CIMIS, for the Merced Station.
3.5. Service Area Population and Demographics
3.5.1. Service Area Current and Projected Population
CWC Section 10631(a)
Describe the service area of the supplier, including current and projected population …The projected population estimates shall be based upon data from the state, regional, or local service agency population projections within the service area of the urban water supplier and shall be in five-year increments to 20 years or as far as data is available.
The City of Livingston, along with a number of other communities in the region, have experienced steady population growth created by persons community to work in job centers outside of Merced County. The persistent increase in population is primarily a reflection of the regional growth pressures that are affecting the Central Valley as people living in more expensive regions look for affordable housing in the Valley. Anticipating increased demand from population growth and new enterprise are important aspects of the City’s UWMP. The City’s UWMP anticipates the effects of increased demand on water resources arising from sustained population growth.
According to the Department of Finance (DOF), population within the City as of January 1, 2021, was 15,448, which was up from 13,058 at the 2010 Census and up from 10,437 at the 2000 Census. According to these population figures, the City has experienced an average annual growth rate of approximatley
1.98 percent over the last 20 years. Table 3-2 shows the population projections for next twenty-five years, in five-year increments, assuming a 1.98 percent annual growth rate through 2045 City of Livingston
2020 Urban Water Management Plan
Chapter 3 – System Description
20 Table 3-2 Population - Current and Projected (Submittal Table 3-1) Population Served 2020 2025 2030 2035 2040 2045
15,448 17,039 18,794 20,730 22,865 25,220
NOTES:
(1) An annual growth rate of 1.98% is used to project population growth within the City of Livingston’s service area through 2045.
3.5.2. Other Social, Economic and Demographic Factors
CWC Section 10631
(a) Describe the service area of the supplier, including… other social, economic and demographic factors affecting the supplier’s water management planning.
Based on 2015-2019 data provided by the 2019 American Community Survey (ACS), the most represented ethnicity in the City of Livingston is Hispanic or Latino at approximatley 70 percent of the population. The median age of the City’s population is roughly 29.9 years old. The Census estimates that approximatley
8.0 percent of the population is under 5 years, 30.0 percent of the population is under 18 years, 70.0 percent of the population is 18 years or older, and 10.7 percent is 65 years or older. Approximatley 1.9 percent of the population consists of veterans, of which 94.8 percent are male and 5.2 percent are female.
According to the 2015-2019 Census data, approximately 18.3 percent of the population within the City have received their high school diploma or equivalent degree, 20.0 percent have received some college experience but no degree, 9.3 percent have received an associate degree, 6.6 percent have received a bachelor’s degree, and 3.2 percent have received a graduate or professional degree. The Median Household Income (MHI) for the City is $54,886, which is approximately 68 percent of the statewide average MHI of $80,440. The Census estimates that approximatley 16.4 percent of the population of the City lives in poverty, which is more than double the statewide average of 11.8 percent.
The main industries for the civilian employed population 16 years or older in the City of Livingston consists of manufacturing (20.9 percent), educational services and health care and social assistance (19.0 percent), agriculture, forestry, fishing, hunting, and mining (11.9 percent), transportation and warehousing and utilities (8.6 percent), retail trade (8.5 percent), professional, scientific, and management and administrative and waste management services (7.2 percent), arts, entertainment, and recreations, and accommodation and food services (7.2 percent), construction (5.3 percent), finance and insurance, real estate and rental and leasing (2.4 percent), and public administration (1.5 percent).
3.6. Land Uses Within Service Area
The City of Livingston’s adopted the Urban Area General Plan (General Plan) in December 1999. The General Plan delineates potential growth areas and identifies policies directing growth within its sphere of influence (SOI). The City’s SOI is determined by the Merced County Local Agency Formation Commission (LAFCO), which is an entity empowered to review and approve proposed boundary changes and annexations by incorporated municipalities. During the preparation of this 2020 UWMP, the City was in the process of updating their General Plan. The City anticipates that the updated General Plan will be available in 2022.
City of Livingston
2020 Urban Water Management Plan
Chapter 3 – System Description
21 The City controls the use and development of land withing the Livingston city limits. According to the 1999 General Plan, the Livingston’s City limits contains 1,844 acres (2.88 square miles). The SOI is a line that is typically situated outside the city limits boundary and marks where the city is expected to grow via annexation. The SOI is a boundary that encompasses lands that are expected to ultimately be annexed by the City, although until annexed it falls under the jurisdiction of the County of Fresno. The City’s SOI is determined by the Fresno Local Agency Formation Commission (LAFCO), which is an entity empowered to review and approve proposed boundary changes and annexations by incorporated municipalities.
According to the City’s General Plan, the existing SOI contains approximately 2,590 acres (4.04 square miles). The SOI is recognized as the ultimate City growth boundary over the life of the City’s current General Plan. This 2020 Urban Water Management Plan assumes that the SOI describes the future service area of the City’s water system.
The land uses presented in the City’s General Plan includes agriculture, orchard, irrigation, residential (low, medium, and high density), Commercial (commercial, highway, and neighborhood), industrial, church, parking, public facility (groundwater wells and wastewater treatment plant), civic center, drainage, park, SPRR, school, and vacant. Orchard is the most predominant land use within Livingston, accounting for approximately 27.5 percent of the total area within the City limits. Residential (low, medium, and high density) is the second most predominant land use within the City accounting for approximately 20.7 percent. Commercial and industrial land uses account for approximatley 1.4 and 5.9 percent respectively.
Table 3-3 summarizes the acreage for each land use designation in both the city limits and SOI, as presented in the City’s 2035 General Plan.
Table 3-3 Land Use Designation within City of Livingston Land Use Designation
Within
City Limits
Within Sphere of
Influence
Acres Percent of
Total Acres Percent of Total
Agriculture 300.0 16.3% 977.5 37.7%
Orchard 507.8 27.5% 507.8 19.6%
Irrigation 1.7 0.1% 1.7 0.1%
Low Density Residential 343.3 18.6% 359.1 13.9%
Medium Density Residential 7.7 0.4% 11 0.4%
High Density Residential 30.5 1.7% 31.7 1.2%
Commercial 19.6 1.1% 19.6 0.8%
Highway Commercial 6.0 0.3% 6 0.2%
Neighborhood Commercial 1.1 0.1% 1.1 0.0%
Industrial 109.7 5.9% 111.1 4.3%
Church 15.7 0.9% 15.7 0.6%
Parking 0.8 0.0% 1 0.0%
Public Facility 114.2 6.2% 114.2 4.4%
Civic Center 1.3 0.1% 1.3 0.1%
City Well 0.6 0.0% 0.6 0.0%
Drainage 5.1 0.3% 5.1 0.2%
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2020 Urban Water Management Plan
Chapter 3 – System Description
22 Table 3-3 Land Use Designation within City of Livingston Land Use Designation
Within
City Limits
Within Sphere of
Influence
Acres Percent of
Total Acres Percent of Total
Park 19.3 1.0% 19.3 0.7%
Wastewater Treatment Plant 29.0 1.6% 40 1.5%
SPRR 29.2 1.6% 42.1 1.6%
School 73.0 4.0% 73 2.8%
Vacant 228.5 12.4% 251.5 9.7%
TOTAL 1,844 100% 2,590 100%
City of Livingston
2020 Urban Water Management Plan
Chapter 4 – Water Use Characterization
23 CHAPTER 4 - WATER USE CHARACTERIZATION
4.1. Introduction
This chapter describes and quantifies the City’s current water use and future water use projections through the year 2045, as based on currently available information. Water use records, combined with projections of population, provide the basis for estimating future water requirements. The data provided in this chapter will allow the City to accurately analyze the use of the water resources and conduct good resource planning. The future demand estimates presented in this chapter will allow the City to adequately manage the water supply and appropriately plan their infrastructure investments. The terms “water use” and “water demand” will be used interchangeably. These terms will also be used to refer to all the demand sectors listed in Section 4.2.
4.2. Non-Potable Versus Potable Water Use
The City’s potable water supply is exclusively groundwater. The City currently does not use recycled water to meet any of their water demands. Currently, the City’s wastewater is not treated to tertiary effluent quality where it can be used to meet any of the City’s water demands.
4.3. Past, Current, and Projected Water Use by Sector
CWC Section 10635.
(a) Every urban water Supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the long-term total projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and a drought lasting five consecutive water years. The water service reliability assessment shall be based upon the information compiled pursuant to Section 10631, including available data from state, regional, or local agency population projections within the service area of the urban water supplier.
Section 10631(d)
(1) For an urban retail water supplier, quantify, to the extent records are available, past and current water use, over the same five-year increments described in subdivision (a), and projected water use, based upon information developed pursuant to subdivision (a), identifying the uses among water use sectors, including, but not necessarily limited to, all of the following… (2). The water use projections shall be in the same five-year increments described in subdivision (a). (4)(A) Water use projections, where available, shall display and account for the water savings estimated to result from adopted codes, standards, ordinances, or transportation and land use plans identified by the urban water supplier, as applicable to the service area. (B) To the extent that an urban water supplier reports the information described in subparagraph (A), an urban water supplier shall do both of the following: (i) Provide citations of the various codes, standards, ordinances, or transportation and land use plans utilized in making the projections. (ii) Indicate the extent that the water use projections consider savings from codes, standards, ordinances, City of Livingston
2020 Urban Water Management Plan
Chapter 4 – Water Use Characterization
24 or transportation and land use plans. Water use projections that do not account for these water savings shall be noted of that fact.
This 2020 UWMP includes past, current, and projected water use in five-year increments. The City will determine the reliability of their projected water supply based upon that information.
4.3.1. Water Use Sectors Listed in Water Code
CWC Section 10631(d)
(1) For an urban retail water supplier, quantify, to the extent records are available, past and current water use, over the same five-year increments described in subdivision (a), and projected water use, based upon information developed pursuant to subdivision (a), identifying the uses among water use sectors, including, but not necessarily limited to, all of the following:
(A) Single-family residential.
(B) Multifamily.
(C) Commercial.
(D) Industrial.
(E) Institutional and governmental.
(F) Landscape.
(G) Sales to other agencies.
(H) Saline water intrusion barriers, groundwater recharge, or conjunctive use, or any combination thereof.
(I) Agricultural.
(J) Distribution system water loss.
This 2020 UWMP also identifies the water use by sector. The City’s breaks down metered water deliveries into the following water demand sectors as listed below, per the CWC. The number of water service accounts and volume of water consumed provides insight into the different customer’s water use, which can be useful in defining effective water conservation measures. Tables 4-3 and 4-5 provide the City’s actual 2020 water demands, and projected water demands through 2045. • Single-Family Residential – A single-family dwelling unit is a lot with a free-standing building containing one dwelling unit that may include a detached secondary dwelling. • Multi-Family Residential – Multiple dwelling units contained within one building or several buildings within one complex.
• Commercial/Institutional – The City tracks commercial and institutional customer water uses as one. Commercial customers typically provide or distribute a product or service and institutional water customers are typically public services, such as higher-education institutions, schools, courts, churches, hospitals, government facilities, and nonprofit institutions. • Industrial – Industrial customers typically manufacture or process materials.
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2020 Urban Water Management Plan
Chapter 4 – Water Use Characterization
25 • Landscape – The City tracks the water uses for landscape irrigation, which is provided through metered connections. Potable water is currently used to irrigate the City’s public park, medians, and landscape strips.
• Distribution System Losses – Reporting distribution system losses is required by the CWC.
Distribution system losses are discussed further in Section 4.3.4.
For this 2020 UWMP, the following sectors are not applicable to the City’s water service area:
• Sales to Other Agencies
• Conjunctive Use
• Saline Water Intrusion Barriers
• Agricultural
4.3.2. Water Use Sectors in Addition to Those Listed in Water Code To provide clarity, the following water use sectors are also not applicable to the City’s UWMP:
• Exchanges
• Surface Water Augmentation
• Transfers
• Wetlands or Wildlife Habitat
The City currently meters water usage that is used for flushing activities (directional flushing program, auto flushers and tank cleaning). This type of water usage is considered unbilled, metered authorized consumption that is derived from the summation of manual meter reads calculated from flushing volumes. For this 2020 UWMP, this type of water usage is classified as “other potable.”
4.3.3. Past Water Use
Table 4-1 summarizes the City’s water usage by water use sector over the past 5 years. These historical volumes are consistent with those presented in the 2015 UWMP, electronic annual reports (EAR), and annual water audit reports submitted to the DWR for the years of 2015 to 2019.
Table 4-1 Historical Water Use by Sector
Use Type
Water Use (MG)
2015 2016 2017 2018 2019
Single Family 481 469 533 529 524
Multi-Family 46 45 56 72 59
Commercial 70 99 80 86 89
Industrial 1,495 1,466 1,373 1,403 1,500
Landscape 9 18 66 67 71
Other Potable 0 0.2 5.3 1.2 0.2
Losses 89 94 221 66 151
TOTAL 2,190 2,191 2,335 2,224 2,395
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2020 Urban Water Management Plan
Chapter 4 – Water Use Characterization
26 4.3.4. Distribution System Water Losses
CWC Section 10631(d)(1)
For an urban retail water supplier, quantify, to the extent records are available, past and current water use, over the same five-year increments described in subdivision (a), and projected water use, based upon information developed pursuant to subdivision (a), identifying the uses among water use sectors, including, but not necessarily limited to, all of the following… (J) Distribution system water loss….
CWC Section 10631(d)(3)
(A) The distribution system water loss shall be quantified for each of the five years preceding the plan update, in accordance with rules adopted pursuant to Section 10608.34. (B) The distribution system water loss quantification shall be reported in accordance with a worksheet approved or developed by the department through a public process. The water loss quantification worksheet shall be based on the water system balance methodology developed by the American Water Works Association.
(C) In the plan due July 1, 2021, and in each update thereafter, data shall be included to show whether the urban retail water supplier met the distribution loss standards enacted by the board pursuant to Section 10608.34.
Water distribution system losses are the difference between the actual volume of water treated and delivered into the distribution system and the actual metered consumption. Such apparent losses are always present in a water system due to pipe leaks, unauthorized connections or use, faulty meters, systematic data handling errors, and unmetered services such as water used for dust control for construction activities, fire protection and training.
New regulations require retail water suppliers to include potable distribution system water losses for the preceding five years. Over the last few years, the City has used the American Water Works Association (AWWA) method to annually evaluate its distribution system losses each fiscal year. The City has submitted annual water audit reports to the DWR since 2016. A copy of the City’s annual water reports from 2016 to 2019 are included in Appendix D.
Table 4-2 summarizes the water distribution system losses for the last five calendar years. The most recent 12-month period began on January 1, 2019.
Table 4-2 Last Five Years of Water Loss Audit Reporting (Submittal Table 4-4)
Reporting Period Start Date Volume of Water Loss(1)
01/2015 89
01/2016 94
01/2017 221
01/2018 66
01/2019 151
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2020 Urban Water Management Plan
Chapter 4 – Water Use Characterization
27 To reduce real and apparent losses, the City’s meter replacement program is focused on replacing existing manual read meters with automatic radio read meters (AMRs). According to the Certified Validation Report that was prepared for the 2019 Water Audit, the City estimates that approximately 3 percent of manual read meters are still in place and that these meters will be converted to AMRs by the end of 2021.
The City is also focused on replacing AMR meter that is 25 years or older. To reduce future water losses, the City is evaluating the feasibility of implementing an meter testing program that will test all of the groundwater production meters and 5 percent of the customer meter population on an annual basis.
4.3.5. Current Water Use
The City’s actual potable water demands for the 2020 calendar year are reported in Table 4-3. All of the City’s water connections are metered; approximatley 3 percent of the meter population consists of manual read meters, while the remaining 97 percent of the population consists of AMRs. The City breaks down metered water deliveries into single family residential, multi-family residential, commercial, industrial, landscape irrigation, and other potable (i.e. flushing activities). The City tracks commercial and institutional customer water uses as one.
Water losses are calculated by subtracting the amount of water produced by the City’s nine groundwater wells by the total amount of authorized consumption. For the 2020 calendar year, water losses accounted for approximately 5 percent of the water that was produced and distributed.
Table 4-3 Demands for Potable Water - Actual (Submittal Table 4-1) Use Type
2020 Actual
Additional Description
Level of
Treatment
When
Delivered
Volume (MG)
Single Family Residential 3,228 Metered Connection Drinking Water 580 Multi Family Residential 83 Metered Connection Drinking Water 58 Commercial(1) 175 Metered Connection Drinking Water 89
Industrial 4 Metered Connection Drinking Water 1,854
Landscape Irrigation 33 Metered Connection Drinking Water 61 Other Potable Manual Meter Drinking Water 1
Losses Unaccounted Water Drinking Water 138
TOTAL 2,779
NOTES:
(1)The City tracks commercial and institutional customer water uses as one.
4.3.6. Projected Water Use
CWC Section 10635 (a).
Every urban water supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years.
This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the long-term total projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and a drought lasting five consecutive water years. The water service reliability assessment shall be based upon the information compiled City of Livingston
2020 Urban Water Management Plan
Chapter 4 – Water Use Characterization
28 pursuant to Section 10631, including available data from state, regional, or local agency population projections within the service area of the urban water supplier.
CWC Section 10631
(h) An urban water supplier that relies upon a wholesale agency for a source of water shall provide the wholesale agency with water use projections from that agency for that source of water in five-year increments to 20 years or as far as data is available… The wholesale agency shall provide information to the urban water supplier for inclusion in the urban water supplier’s plan that identifies and quantifies, to the extent practicable, the existing and planned sources of water as required by subdivision (b), available from the wholesale agency to the urban water supplier over the same fiveyear increments, and during various water-year types in accordance with subdivision (f). An urban water supplier may rely upon water supply information provided by the wholesale agency in fulfilling the plan informational requirements of subdivisions (b) and (f).
CWC Section 10631(d)(4)
(A) Water use projections, where available, shall display and account for the water savings estimated to result from adopted codes, standards, ordinances, or transportation and land use plans identified by the urban water supplier, as applicable to the service area. (B) To the extent that an urban water supplier reports the information described in subparagraph (A), an urban water supplier shall do both of the following:
(i) Provide citations of the various codes, standards, ordinances, or transportation and land use plans utilized in making the projections.
(ii) Indicate the extent that the water use projections consider savings from codes, standards, ordinances, or transportation and land use plans. Water use projections that do not account for these water savings shall be noted of that fact.
Table 4-4 lists the projected number of connections by user type. The number of connections were projected by multiplying the total number of metered accounts for 2020 by the annual average growth rate of 1.98 percent growth rate, which is consistent with the population growth rate determined in Section 3.5.1 of this UWMP. It has been assumed that the projected number of connections for industrial, and landscape irrigation use types will remain constant.
Table 4-4 Projected Number of Total Connections by User Type Use Type 2025 2030 2035 2040 2045
Single Family Residential 3,560 3,927 4,331 4,777 5,269 Multi Family Residential 92 101 111 122 135
Commercial(1) 193 213 235 259 286
Industrial 4 4 4 4 4
Landscape Irrigation 33 33 33 33 33
TOTAL 3,882 4,278 4,714 5,195 5,727
NOTES:
(1)The City tracks commercial and institutional customer water uses as one.
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2020 Urban Water Management Plan
Chapter 4 – Water Use Characterization
29 Table 4-5 lists the projected water demands through years 2045. The projected water demands were obtained by multiplying the City’s annual average growth rate of 1.98 percent by the user’s 2020 annual water consumption. Water losses in the distribution system are difficult to predict. On one hand losses will increase as the distribution system deteriorates over time and residential water fixtures age.
However, the City is actively working to replace manual read meters and AMR meters that are 25 years or older. Additionally, the City is evaluating the feasibility of implementing a meter testing program that will test 5 percent of the customer meter population on an annual basis. Implementation of a meter testing program will further reduce water loss in the system. Therefore, the volume of water losses is assumed to remain constant through year 2045.
Table 4-5 Use for Potable Water - Projected (Submittal Table 4-2) Use Type Projected Water Use (MG)
2025 2030 2035 2040 2045
Single Family Residential 639 705 778 858 946
Multi Family Residential 64 70 78 86 95
Commercial(1) 98 108 119 132 145
Industrial 2,045 2,255 2,488 2,744 3,026
Landscape Irrigation 67 74 82 90 99
Other Potable 1 1 1 1 1
Losses 138 138 138 138 138
TOTAL 3,052 3,352 3,683 4,048 4,451
NOTES:
(1)The City tracks commercial and institutional customer water uses as one.
The City’s projected water demands through the year 2045 are summarized in Table 4-6. The City’s recycled water demands are detailed further in Section 6.6 of this 2020 UWMP. Recycled water is not included in the City’s potable water demand and the City does not have any plans to use recycled water as a potable source in the foreseeable future.
Table 4-6 Total Water Use (Potable and Non-Potable) (Submittal Table 4-3) 2020 2025 2030 2035 2040 2045
Potable Water, Raw, Other Non-potable 2,779 3,052 3,352 3,683 4,048 4,451 Recycled Water Demand 0 0 0 0 0 0
TOTAL WATER USE 2,779 3,052 3,352 3,683 4,048 4,451
4.3.7. Characteristic Five-Year Water Use
CWC Section 10635(b)
Every urban water supplier shall include, as part of its urban water management plan, a drought risk assessment for its water service to its customers as part of information considered in developing the demand management measures and water supply projects and programs to be included in the urban water management plan. The urban water supplier may conduct an interim update or updates to this drought risk assessment within the five-year cycle of its urban water management plan update. The drought risk assessment shall include each of the following… (3) A comparison of the total water supply sources available to the water supplier with the total projected water use for the drought period. [Emphasis added] City of Livingston
2020 Urban Water Management Plan
Chapter 4 – Water Use Characterization
30 (4) Considerations of the historical drought hydrology, plausible changes on projected supplies and demands under climate change conditions, anticipated regulatory changes, and other locally applicable criteria.
A critical component of the new statutory language included in CWC Section 10635(b) is the requirement to prepare the five-year Drought Risk Assessment (DRA), which is found in Chapter 7 of this 2020 UWMP.
A five-year DRA can also be used to provide the water service reliability assessment for a drought lasting five years. As a first step of the DRA, the DWR recommends that the expected gross water use for the next five years without drought conditions, also known as unconstrained demand, be estimated. Chapter 7 details the DRA, but the City’s unconstrained demand projections over the next five years are summarized in Table 4-7. These projections were developed by applying an annual increase of 1.89 percent, that is demonstrated between the actual 2020 water demands and the 2025 projected water demands presented in Tables 4-5 and 4-6 above.
Table 4-7 Five-Year Water Use - Projected
Use Type
Projected Water Use (MG)
2021(1) 2022(1) 2023(1) 2024(1) 2025
Potable Water 2,831 2,885 2,939 2,995 3,052
NOTES:
(1)An annual increase of 1.47 percent is applied from the previous year’s water usage.
4.4. Water Use for Lower Income Households
Section 10631.1.
(a) The water use projections required by Section 10631 shall include projected water use for singlefamily and multifamily residential housing needed for lower income households, as defined in Section 50079.5 of the Health and Safety Code, as identified in the housing element of any city, county, or city and county in the service area of the supplier.
California Health and Safety Code Section 50079.5 (a)
“Lower income households” means persons and families whose income does not exceed the qualifying limits for lower income families… In the event the federal standards are discontinued, the department shall, by regulation, establish income limits for lower income households for all geographic areas of the state at 80 percent of area median income, adjusted for family size and revised annually.
Urban water suppliers are required to identify water demand required for lower income housing in its water use projections. Livingston’s share of regional housing needs originates with the California Department of Housing and Community Development (HCD). HCD first estimates a statewide need for housing, which is broken down into regions, each of which then has an assigned share of estimated housing needs. The Merced County Association of Governments (MCAG) is the local agency mandated by California Government Code §65554(a) to distribute the “Fair Share Allocation” of the regional housing needs to each jurisdiction in Merced County. The “Fair Share Allocation” of housing is a specific number of residential units, in different price ranges, assigned to each local jurisdiction including Livingston.
The MCAG’s fifth Regional Housing Needs Allocation (RHNA) Cycle began on January 1, 2014 and will conclude on December 31, 2023. The RHNA Plan allocates to each local government, a share of regional City of Livingston
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Chapter 4 – Water Use Characterization
31 housing needs for use in their General Plan Housing Element. According to the RHNA Plan, a total of 15,850 housing units will be needed in the County by the end of 2023. The City of Livingston’s share of those units is 1,023 or approximately 6.5 percent. The City of Livingston 2016-2024 Housing Element Update estimates that approximately 41.7 percent of the total housing needs are for low-income households. The needs allocation is further classified as low income, very low income, and extremely low income. The extremely low-income families require rental assistance, and these units are assumed to be multi-family residential (MFR) units. The low income and very low income are assumed to be single-family residential (SFR) units.
Based on the projected low-income housing residential unit needs, Table 4-8 lists the projected number of housing units through 2040.
Table 4-8 Projected Number of Additional Low Income Housing Units Use Type Income(1) MCAG
Allocation
2020-
2025
2025-
2030
2030-
2035
2035-
2040
2040-
2045
Extremely Low Income <30% 12.1% 2 1 1 1 2
Very Low Income 31%-50% 12.2% 40 45 49 54 60
Low Income 51%-80% 17.4% 58 64 70 77 85
Moderate Income 81%-120% 15.9% 53 58 64 71 78
Above Moderate Income >120% 42.4% 141 156 171 189 209
TOTAL 100.0% 294 324 355 392 434
NOTES:
(1) As a percentage of the County's Median Household Income Table 4-9 displays the estimated volume of water needed to meet the projected lower income housing units through 2045. The projected water needed for additional low-income units was estimated by first dividing the gross volume of water delivered to either multi-family or single-family residents by the total number of service connections for each use type, and then multiplied by the projected number of additional housing units determined in Table 4-8
Table 4-9 Projected Water Use Needed for Additional Low Income Housing Units Use Type 2025 2030 2035 2040 2045
Extremely Low Income 1.4 0.7 0.7 0.7 1.4
Very Low Income 7.2 8.1 8.8 9.7 10.8
Low Income 10.4 11.5 12.6 13.8 15.3
TOTAL 19.0 20.3 22.1 24.2 27.4
The projected water demands for lower income housing are included in the projections of water demands shown in Tables 4-5 and 4-6. Demand for existing lower income housing is being met and is included in the volumes shown in Tables 4-5 and 4-6.
Table 4-10 Inclusion in Water Use Projections (Submittal Table 4-5) Are Future Water Savings Included in Projections? No
City of Livingston
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Chapter 4 – Water Use Characterization
32 Table 4-10 Inclusion in Water Use Projections (Submittal Table 4-5) If "Yes” to above, state the section or page number, in the cell to the right, where citations of the codes, ordinances, or otherwise are utilized in demand projections are found.
Are Lower Income Residential Demands Included In Projections? Yes
4.5. Climate Change Considerations
DWR Guidelines recommend that the 2020 UWMP include a discussion of potential climate change impacts on projected demand. The City of Livingston is part of the Merced Integrated Regional Water Management Plan (IRWMP). Appendix E contains the climate change assessment found in Chapter 16 of the Merced IRWMP.
There is mounting scientific evidence that global climate conditions are changing and will continue to change as a result of the continued build-up of greenhouse gases (GHGs) in the Earth’s atmosphere.
Changes in climate can affect municipal water supplies through modifications in the timing, amount, and form of precipitation, as well as water demands and the quality of surface runoff. These changes can affect all elements of water supply systems, from watersheds to reservoirs, conveyance systems, and treatment plants.
Indications of climate change have been observed over the last several decades throughout California.
Statewide average annual temperatures have risen by approximatley 2°F since the early 20th century.
Although the State’s weather has followed the expected pattern of a largely Mediterranean climate throughout the past century, no consistent trend in the overall amount of precipitation has been detected, except that a larger proportion of total precipitation is falling as rain instead of snow.
The correlation between temperature and water demand is well documented and understood. The City’s largest percentage of the water demand is driven by outdoor irrigation. Higher temperatures will increase evapotranspiration rates and increase demands. Higher temperatures will also extend the duration of the outdoor landscaping growing season increasing the maximum day demands on the spring and fall seasons.
It is evident that climate change adds new uncertainties to the challenges of planning. Changes in weather could significantly affect water supply planning. Since climatic pressures could potentially affect supply reliability, continual attention to this issue will be necessary in the future.
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2020 Urban Water Management Plan
Section 5 – SB X7-7 Baselines, Targets, and 2020 Compliance 33 CHAPTER 5 - SB X7-7 BASELINES, TARGETS, AND 2020
COMPLIANCE
5.1. Introduction
In November 2009, the Water Conservation Act of 2009, also known as the SB X7-7, was signed into law as part of a comprehensive water legislation package. This legislation addressed both urban and agricultural water conservation and set a goal of achieving a 20 percent statewide reduction in urban per capita water use by December 31, 2020. To meet the urban water use target requirement, each retail supplier was required to determine its baseline water use, as well as its target water use for the year 2020.
Water use is measured in gallons per capita per day (GPCD).
In 2015, the City of Livingston calculated their baselines and targets based on the requirements and methodologies presented in the 2015 UWMP Guidebook. In the 2015 UWMP, the City demonstrated compliance with their interim water use target for the year 2015 and that the City was on track to achieve its 2020 target.
This chapter provides a review of the methodology the City used to calculate its 2020 Urban Water Use Target (2020 Target), its baseline, and how the baseline was calculated. This chapter demonstrates that the City has achieved its 2020 Target. Compliance with the urban water use target requirement is verified in the SB X7-7 2020 Compliance Form, which is included as Appendix F of this Plan.
For additional details on how the per capita goals were established refer to the City of Livingston’s 2015 UWMP.
5.2. Overview and Background
The City’s compliance with SB X7-7 was first addressed in their 2015 UWMP, in which the City determined its baseline per capita water use and established and adopted its urban water use targets for 2015 and 2020. Actual water usage data and population figures provided by the Census and Department of Finance (DOF) were used to calculate GPCD water use. The City demonstrated that it successfully achieved its 2015 interim target and confirmed its 2020 Target in its 2015 UWMP.
5.3. General Requirements for Baseline and Targets
SB X7-7 required each urban water retailer to determine its baseline daily per capita water use over a 10- year or 15-year baseline period. The 10-year baseline period is defined as a continuous 10‐year period ending no earlier than December 31, 2004, and no later than December 31, 2010. SB X7-7 also defined that urban water retailers that met at least 10 percent of their 2008 water demand using recycled water could extend the baseline GPCD calculation for a maximum of a continuous 15‐year baseline period, ending no earlier than December 31, 2004, and no later than December 31, 2010.
Since the City did not use recycled water to meet any of their 2008 water demand, the baseline was calculated over a 10-year period. In their 2015 UWMP, the City selected the 10-year baseline period from 2001 through 2010. SB X7-7 and DWR provided four different methods for calculating an urban water retailer’s 2020 Target. Three of these methods are defined in CWC Section 10608.20(a)(1), and the fourth City of Livingston
2020 Urban Water Management Plan
Section 5 – SB X7-7 Baselines, Targets, and 2020 Compliance 34 method was developed by DWR. The 2020 Target may be calculated using one of the following four methods:
• Method 1: 80 percent of the City’s base daily per capita water use; • Method 2: Per capita daily water use estimated using the sum of performance standards applied to indoor residential use; landscaped area water use; and commercial, industrial, and institutional uses;
• Method 3: 95 percent of the applicable State hydrologic region target as stated in the State’s April 30, 2009, Draft 20x2020 Water Conservation Plan; or
• Method 4: An approach that considers the water conservation potential from: 1) indoor residential savings, 2) metering savings, 3) commercial, industrial, and institutional savings, and 4) landscape and water loss savings.
In their 2015 UWMP, the City selected Method 1 to calculate its 2020 Target.
5.4. Service Area Population
To correctly calculate its compliance year GPCD, the City must first determine the population that it served in 2020. As stated in Section 3.5.1, the Census reported population within the City as of April 1, 2020, to be 26,617.
5.5. Gross Water Use
Gross water use represents the total volume of water entering a distribution system (but excludes recycled water deliveries, water placed into long term storage, water conveyed to another supplier, water delivered for agricultural use, and process water if there is a substantial percentage used for industrial purposes) over a 12-month period. The City’s gross water use amounts are based on the total amount of water produced by the City’s nine active groundwater wells and pumped into the distribution system during calendar year 2020 minus the amount of process water .
As reported in Chapter 4 of this UWMP, the amount of water produced and pumped into the distribution system in 2020 was 2,063 MG, as reported in Chapter 4 of this UWMP.
Since industrial process water is greater than 12 percent of the City’s gross water usage for 2020, it has been excluded from the City’s gross water use provided in the SB X7-7 Verification Form (Table 4). In accordance with CWC Section 596.2, the City has subtracted industrial process water from their grow water use and completed SB X7-7 Verification Form Tables 4-C.1, 4-C.2, 4-C.3, 4-C.4, and 4-D, which are attached in Appendix F. The City’s actual gross water use for 2020 was determined to be 926 MG.
5.6. Baseline and Targets Summary
Annual gross water use is divided by annual service area population to calculate the annual per capita water use for each year in the baseline periods. As previously stated, the City calculated its baseline and 2020 Target in their 2015 UWMP. The City’s 10-year base daily per capita water use is 207 GPCD. Using Method 1 for 2020 Target calculation as described in Section 5.3, the City’s confirmed 2020 compliance target is 165 GPCD. The City’s baseline and 2020 Target are summarized in Table 5-1.
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2020 Urban Water Management Plan
Section 5 – SB X7-7 Baselines, Targets, and 2020 Compliance 35 Table 5-1 Baselines and Targets Summary From SB X7-7 Verification Form (Submittal Table 5-1)
Baseline
Period Start Year End Year Average Baseline (GPCD)
Confirmed 2020
Target (GPCD)
10-15 year 2001 2010 207 165 5 Year 2006 2010 199
5.7. 2020 Compliance Daily Per Capita Water Use
This section presents the procedure used to meet the requirements of SB X7-7 as defined in the Water Conservation Act of 2009.
5.7.1. 2020 Adjustments for Factors Outside of Supplier’s Control CWC Water Code Section 10608.24
(d)(1) When determining compliance daily per capita water use, an urban retail water supplier may consider the following factors:
(A) Differences in evapotranspiration and rainfall in the baseline period compared to the compliance reporting period.
(B) Substantial changes to commercial or industrial water use resulting from increased business output and economic development that have occurred during the reporting period. (C) Substantial changes to institutional water use resulting from fire suppression services or other extraordinary events, or from new or expanded operations, that have occurred during the reporting period.
(2) If the urban retail water supplier elects to adjust its estimate of compliance daily per capita water use due to one or more of the factors described in paragraph (1), it shall provide the basis for, and data supporting, the adjustment in the report required by Section 10608.40.
The City has not included any adjustments (including Extraordinary Institutional Water Use, Economic Adjustment (CII) or Weather Norminlization) for their 2020 GPCD compliance.
5.7.2. 2020 Compliance Daily Per Capita Water Use
Sections 5.4 and 5.5 presented the City’s 2020 population and gross water use, respectively. The City calculated its actual daily per capita water use for the 2020 calendar year in accordance with DWR’s Methodologies document. As shown in Table 5-2, the City’s urban per capita water use in 2020 was 164 GPCD, which is below the confirmed 2020 Target of 165 GPCD. Therefore, the City has met its 2020 final water use target.
Table 5-2 2020 Compliance from SB X7-7 2020 Compliance Form (Submittal Table 5-2) 2020 GPCD 2020
Confirmed
Target GPCD
Did Supplier Achieve
Targeted Reduction
for 2020? Y/N
Actual 2020
GPCD
2020 TOTAL
Adjustments
Adjusted 2020
GPCD
164 - 164 165 Yes
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2020 Urban Water Management Plan
Section 5 – SB X7-7 Baselines, Targets, and 2020 Compliance 36 The City has also demonstrated compliance with the 2020 Water Use Target by completing the SB X7-7 2020 Compliance Form, attached in Appendix F.
5.8. Regional Alliance
As discussed in Section 2.4, the City’s 2020 UWMP was not developed as part of a Regional Alliance.
Information from the City’s 2020 UWMP is not required to be reported in a Regional Alliance report.
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2020 Urban Water Management Plan
Section 6 – System Supplies Characterization
37 CHAPTER 6 - SYSTEM SUPPLIES CHARACTERIZATION
6.1. Introduction
This chapter presents an analysis of the City’s water supplies, as well as an estimate of water-related energy-consumption. The intent of this chapter is to present a comprehensive overview of City of Livingston’s water supplies, estimate the volume of available supplies over the UWMP planning horizon, and assess the sufficiency of City’s water supplies to meet projected demands under “normal” hydrologic conditions.
6.2. Purchased or Imported Water
The City of Livingston does not purchase water from any other urban water suppliers or other entities.
6.3. Groundwater
Section 10631(b)(4)
If groundwater is identified as an existing or planned source of water available to the supplier, all of the following information:
(A) The current version of any groundwater sustainability plan or alternative adopted pursuant to Part
2.74 (commencing with Section 10720), any groundwater management plan adopted by the urban water supplier, including plans adopted pursuant to Part 2.75 (commencing with Section 10750), or any other specific authorization for groundwater management for basins underlying the urban water supplier’s service area.
(B) A description of any groundwater basin or basins from which the urban water supplier pumps groundwater. For basins that a court or the board has adjudicated the rights to pump groundwater, a copy of the order or decree adopted by the court or the board and a description of the amount of groundwater the urban water supplier has the legal right to pump under the order or decree. For a basin that has not been adjudicated, information as to whether the department has identified the basin as a high- or medium-priority basin in the most current official departmental bulletin that characterizes the condition of the groundwater basin, and a detailed description of the efforts being undertaken by the urban water supplier to coordinate with groundwater sustainability agencies or groundwater management agencies listed in subdivision (c) of Section 10723 to maintain or achieve sustainable groundwater conditions in accordance with a groundwater sustainability plan or alternative adopted pursuant to Part 2.74 (commencing with Section 10720).
(C) A detailed description and analysis of the location, amount, and sufficiency of groundwater pumped by the urban water supplier for the past five years. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records. (D) A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the urban water supplier. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records.
The City’s sole source of water supply is the underlying groundwater basin. The City currently has nine wells in various locations throughout the community. Well Nos. 8, 9, 11, 12, 13, 14, 16, and 17 currently serve as active sources, while Well No. 15 serves as a standby source. During 2020, no water was produced City of Livingston
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Section 6 – System Supplies Characterization
38 from Well No. 15. The production capacity of the wells has decreased over time as a consequence of declining groundwater levels and aging of the wells. Table 6-1 displays the nominal capacity, in gallons per minute (gpm), of each well.
Table 6-1 Groundwater Well Capacity
Well No. Flowrate (gpm)
8 1,200
9 1,300
11 800
12 1,400
13 1,100
14 1,000
15 900
16 1,200
17 2,000
TOTAL 10,900
Water is distributed through approximatley 36 miles of pressurized pipes, ranging from two to 16 inches in diameter in size. System pressure is maintained between 50 and 65 psi with Mercoid pressure switch controls on all of the wells. The water system also includes a 1.0 MG welded steel storage tank that is used for water storage.
6.3.2. Groundwater Basin Description
For planning purposes, DWR has subdivided the State of California into ten separate hydrologic regions, corresponding to the State’s major drainage basins. Furthermore, groundwater within the State is divided into distinct groundwater basins; some of which are further divided into smaller interconnected subbasins. The City of Livingston is located within the geomorphic province known as the Central Valley, which is divided into the Sacramento Valley and the San Joaquin Valley. The groundwater underlying the City is part of the larger San Joaquin Valley Groundwater Basin within the San Joaquin River Hydrologic Region. The San Joaquin Valley Groundwater Basin is further divided into nine subbasins. The City extracts its groundwater from the Merced Subbasin (DWR Subbasin 5-22.04).
As part of the San Joaquin Valley Groundwater Basin, the Merced Subbasin covers a surface area of approximately 491,000 acres (767 square miles), includes lands south of the Merced River between the San Joaquin River on the west and the crystalline basement rock of the Sierra Nevada foothills on the east.
The Subbasin is bounded on the west by the Coast Ranges, on the south by the San Emigdio and Tehachapi Mountains, on the east by the Sierra Nevada and on the north by the Sacramento-San Joaquin Delta and Sacramento Valley. The subbasin boundary on the south stretches westerly along the Madera-Merced County line (Chowchilla River) and then between the boundary of the Le Grand-Athlone Water District and the Chowchilla Water District. The boundary continues west along the northern boundaries of Chowchilla Water District and El Nido Irrigation District. The southern boundary then follows the western boundary of El Nido I.D. south to the northern boundary of the Sierra Water District, which is followed westerly to the San Joaquin River.
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Section 6 – System Supplies Characterization
39 According to DWR’s Bulletin 118, the Subbasin is primarily comprised of consolidated rocks and unconsolidated deposits. The consolidated rocks include the Ione Formation, the Valley Springs Formation, and the Mehrten Formation. The unconsolidated deposits were laid down during the Pliocene to present. From oldest to youngest, these deposits include continental deposits, lacustrine and marsh deposits, older alluvium, younger alluvium, and floodbasin deposits. The continental deposits and older alluvium are the main water-yielding units in the unconsolidated deposits. The lacustrine and marsh deposits (which include the Corcoran, or “E-” Clay), and the floodbasin deposits yield little water to wells, and the younger alluvium in most places probably yields only moderate quantities of water to wells. DWR Bulletin 118 – Update 2006, attached in Appendix G, contains a detailed description of the Merced Subbasin and its characteristics and conditions.
According to the Merced Groundwater Subbasin Groundwater Sustainability Plan (GSP), the Subbasin contains three principal aquifers that are defined by their relationship to the Corcoran Clay aquitard, a laterally-extensive silt and clay layer that underlies approximately the western half of the Subbasin and acts as a significant confining layer. The Above Corcoran Principal Aquifer includes all aquifer units that exist above the Corcoran Clay Aquitard and generally contains moderate to large hydraulic conductivities and yields for domestic and irrigation uses. The Below Corcoran Principal Aquifer includes all aquifer units that exist below the Corcoran Clay Aquitard and contains hydraulic conductivities and yields ranging from small to large for irrigation as well as some domestic and municipal uses. The Outside Corcoran Principal Aquifer includes all aquifers that exist outside of the eastern lateral extent of the Corcoran Clay. The Outside Corcoran Principal Aquifer is connected laterally with the Above Corcoran Principal Aquifer at shallower depths and the Below Corcoran Principal Aquifer at deeper depths. Major uses of water in the Outside Corcoran Principal Aquifer include irrigation, domestic, and municipal uses. The Principal Aquifers are underlain by a deep aquifer with higher salinity relative to the principal aquifers.
6.3.3. Multiple Groundwater Basins
The City only utilizes the groundwater supply from the Delta-Mendota subbasin and does not utilize groundwater from multiple basins.
6.3.4. Groundwater Sustainability Plan
On September 16, 2014, Governor Jerry Brown signed into law a three-bill package collectively known as the Sustainable Groundwater Management Act (SGMA) of 2014, which codified in Section 10720 et seq. of the CWC. This legislation requires local governments and water agencies of high and medium priority basins to halt groundwater overdraft and bring groundwater basins into balance levels of pumping and recharge. SGMA established a framework for local governments and water agencies to develop a Groundwater Sustainability Agency (GSA) and sustainably manage groundwater through implementation of a Groundwater Sustainability Plan (GSP). Under SGMA, high and medium priority basins should reach sustainability within 20 years of implementing their sustainability plans.
The County of Merced and water districts and cities within the Merced Subbasin formed three GSAs in accordance with SGMA: Merced Irrigation-Urban Groundwater Sustainability Agency (MIUGSA), Merced Subbasin Groundwater Sustainability Agency (MSGSA), and Turner Island Water District Groundwater Sustainability Agency #1 (TIWD GSA-1). The City of Livingston is a member of the MIUGSA, which was formed by an MOU between the Merced Irrigation District, City of Merced, City of Atwater, City of City of Livingston
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Section 6 – System Supplies Characterization
40 Livingston, Le Grand Community Services District, Planada Community Services District, and Winton Water and Sanitary District. In accordance with the 2014 legislation, the three GSAs coordinated efforts to develop a GSP for the Subbain in November 2019. The GSP’s goal is to achieve sustainable groundwater management on a long-term average basis by increasing recharge and/or reducing groundwater pumping, while avoiding undesirable results. A copy of the GSP can be found at the following website: Merced SGMA | Resources.
According to the GSP, the GSA’s sustainability goal will be achieved by allocating a portion of the estimated Subbasin sustainable yield to each of the three GSAs and coordinating the implementation of programs and projects to increase both direct and in-lieu groundwater recharge, which will in turn increase the groundwater and/or surface water available in the Subbasin. SGMA identifies six sustainability indicators to be monitored and reported in order to document sustainability: chronic lowering groundwater levels, reduction of groundwater storage, seawater intrusion, degraded groundwater quality, land subsidence, and depletions of interconnected surface water. According to the GSP, there are two sustainability indicators deemed not applicable to the Merced Subbasin. Undesirable results related to significant and unreasonable depletions of groundwater storage are not present and not likely to occur in the Subbasin, since historical reductions have been insignificant relative to the total volume of freshwater water storage in the Subbasin. Seawater intrusion is not an applicable sustainability indicator because seawater intrusion is not present and is not likely to occur due to the distance between the Subbasin and the Pacific Ocean.
For the remaining sustainability indicators, sustainable management criteria were established to be protective of Subbasin beneficial uses. These sustainable management criteria are described in more detail in Chapter 3 of the GSP.
6.3.5. Overdraft Conditions
SGMA directs the DWR to identify groundwater basins and subbasins in conditions of critical overdraft. As defined by SGMA, “a basin is subject to critical overdraft when continuation of present water management practices would probably result in significant adverse overdraft related environmental, social, or economic impacts.” The Merced Subbasin is currently considered to be in a state of critical overdraft per the DWR Bulletin 118 Interim 2016 Update. According to the MSGSA, water budgets provide quantitative accounting of water entering and leaving the Merced Subbasin and can be used to help estimate the extent of overdraft occurring now and in the future. Consistent with SGMA requirements, water budgets for historical, current, projected, and sustainable conditions were developed for the Merced Subbasin using the Merced Water Resources Model (MercedWRM), a fully integrated surface and groundwater flow model developed and calibrated specifically for the Subbasin. As detailed in the GSP, the historical conditions water budget shows an annual average rate of overdraft of 192,000 acre-feet per year (AFY) over water years 2006 through 2015. This overdraft or “change in storage” represents the average annual decline in storage resulting from the Subbasin outflows, which are primarily groundwater pumping.
As stated in Section the GSP, the MercedWRM was used to estimate historical change in storage of the Merced Subbasin from 1995-2015. In 2015, the total fresh groundwater storage was estimated to be approximately 45 million acre-feet (MAF). Additionally, an analysis of the groundwater storage demonstrated a cumulative change in storage of less than -3 MAF over the 20-year period of 1995-2015.
This cumulative change in storage, which includes both representative dry and wet years, reflects a rate City of Livingston
2020 Urban Water Management Plan
Section 6 – System Supplies Characterization
41 of overdraft of approximately 0.3% per year. However, the GSP concludes that it is not reasonable to expect that the available groundwater in storage would be exhausted.
SGMA defines Sustainable Yield as “the maximum quantity of water, calculated over a base period representative of long-term conditions in the Basin and including any temporary surplus, that can be withdrawn annually from a groundwater supply without causing an undesirable result. According to the GSP the Sustainable Yield for Merced Subbasin was estimated by using the MercedWRM simulations for projected basin conditions and reducing pumping until the long-term average change in storage is zero.
This analysis ultimately determined the Sustainable Yield of the Basin to be approximately 570,000 AFY.
A portion of the groundwater in the Merced Subbasin originates as surface water supplies imported from outside the Subbasin. This water belongs to the entities that developed the surface supplies and is referred to in the GSP as “Developed Supply.” Developed Supply is specifically defined by the GSP as “water for which a credit is derived is water from outside the watershed or water which is captured that would have been otherwise lost to the subbasin and which is recharged into the groundwater basin.” For the MSGSA’s GSP, the Developed Supply reaching the groundwater basin was estimated based on seepage from unlined canals conveying surface water. The agencies that import developed surface water into the Basin and experience seepage due to conveyance via unlined canals are: Merced Irrigation District (MID), Stevinson Water District (SWD), and Turner Island Water District (TIWD). The estimate of Developed Supply reaching the Subbasin aquifer via seepage from unlined conveyance canals was based on information provided by MID, TIWD, and SWD, and calculated to be approximately 130,000 AFY. This portion of Developed Supply that reaches the groundwater basin is then subtracted from the Sustainable Yield estimate and the result is an estimate of the Sustainable Yield of Native Groundwater available for allocation to Subbasin users. According to the GSP, the Sustainable Yield of Native Groundwater was calculated to be approximately 440,000 AFY.
To balance with the Sustainable Yield of Native Groundwater in the basin, the Merced Subbasin GSA’s consumptive use from current pumping will need to decrease substantially. The MSGSA evaluated their ability to meet demands within the basin wide Sustainable Yield of Native Groundwater and has recognized there is an annual deficit when compared to current groundwater use. To remedy this deficit and work toward sustainability, the MSGSA plans to implement a demand reduction program to gradually reduce pumping at a consistent annual rate during the 20-year implementation period in order to reach the Native Groundwater allocation objective by 2040. According to the GSP, the MSGSA will immediately begin with outreach and educational efforts in 2020 to begin achieving voluntary reductions. Formalized methods to achieve the desired GSA-wide reductions may be in place by 2025. The MSGSA anticipates reductions will incrementally increase annually for the entire MSGSA area, until the total annual reduction achieves the needed balance. Achieving these reductions will likely require the MSGSA to utilize available methods, which may include: establishing a per-acre pumping allocation for water users in the MSGSA, possibly with a trading market; establishing fee structures tied to extracted volumes; and establishing easement or contract programs to pay for reduced groundwater use.
6.3.6. Historical Groundwater Pumping
The total annual volume of groundwater pumped by the City’s wells for the period between 2016 to 2020 is presented in Table 6-2. Pumping of City wells during this period averaged 2,385 MG/year, which is City of Livingston
2020 Urban Water Management Plan
Section 6 – System Supplies Characterization
42 approximatley 1.16 percent more than the annual average for the five years (2011-2015) preceding this timeframe. For the 2011-2015 period, pumping averaged 2,358 MG/year.
Table 6-2 Groundwater Volume Pumped (Submittal Table 6-1) ☐
Supplier does not pump groundwater.
The supplier will not complete the table below.
☐ All or part of the groundwater described below is desalinated.
Groundwater Type Location or Basin Name 2016 2017 2018 2019 2020 Alluvial Basin Merced Subbasin 2,191 2,335 2,224 2,395 2,779 TOTAL 2,191 2,335 2,224 2,395 2,779
6.4. Surface Water
As previously stated, the City’s sole water supply source is groundwater provided by municipal wells.
Currently, the City of Livingston does not use self-supplied surface water as part it its water supply.
However, the City would like to evaluate the feasibility of incorporating surface water to meet further water supply demands. The City’s proposed surface water source would be the Merced River. The MID strongly supports the City’s proposal and has expressed preference to provide water from an intake constructed on the Merced River. MID has existing water rights permits for the river and there is existing infrastructure that could potentially be reused for a river intake serving the City.
6.5. Stormwater
According to the City’s 2018 Municipal Service Review, Livingston’s storm water is managed through a program with the MID. Storm water is temporarily stored in detention basins, which serve as watersheds within the urbanized area. Each watershed has a lift station that drains the storm water at a controlled rate to available MID canals. The detention basins store storm runoff during peak periods, allowing the pump stations to discharge over a longer period of time to the MID canals.
6.6. Wastewater and Recycled Water
6.6.1. Recycled Water Coordination
CWC Section 10633
The plan shall provide, to the extent available, information on recycled water and its potential for use as a water source in the service area of the urban water supplier. The preparation of the plan shall be coordinated with local water, wastewater, groundwater, and planning agencies that operate within the supplier’s service area, and shall include all of the following:
(a) A description of the wastewater collection and treatment systems in the supplier’s service area, including a quantification of the amount of wastewater collected and treated and the methods of wastewater disposal.
(b) A description of the quantity of treated wastewater that meets recycled water standards, is being discharged, and is otherwise available for use in a recycled water project. (c) A description of the recycled water currently being used in the supplier’s service area, including, but not limited to, the type, place, and quantity of use.
City of Livingston
2020 Urban Water Management Plan
Section 6 – System Supplies Characterization
43 (d) A description and quantification of the potential uses of recycled water, including, but not limited to, agricultural irrigation, landscape irrigation, wildlife habitat enhancement, wetlands, industrial reuse, groundwater recharge, indirect potable reuse, and other appropriate uses, and a determination with regard to the technical and economic feasibility of serving those uses. (e) The projected use of recycled water within the supplier’s service area at the end of 5, 10, 15, and 20 years, and a description of the actual use of recycled water in comparison to uses previously projected pursuant to this subdivision.
(f) A description of actions, including financial incentives, which may be taken to encourage the use of recycled water, and the projected results of these actions in terms of acre-feet of recycled water used per year.
(g) A plan for optimizing the use of recycled water in the supplier’s service area, including actions to facilitate the installation of dual distribution systems, to promote recirculating uses, to facilitate the increased use of treated wastewater that meets recycled water standards, and to overcome any obstacles to achieving that increased use.
The City owns and operates a citywide wastewater collection and treatment system. The City does not currently recycle effluent discharged from their wastewater treatment facilities. While the wide-scale systematic direct use of recycled water in the City is technically feasible, it is not currently economically supported. Since the current Wastewater Treatment Plant (WWTP) is located northwest of the City and no recycled water distribution infrastructure currently exists between the City and the WWTP, the cost to develop piping from the WWTP to areas throughout the City is substantial. Additionally, there are no large-scale users that would benefit in proportion to the cost of installing separate distribution systems.
6.6.2. Wastewater Collection, Treatment, and Disposal
CWC Section 10633(a)
A description of the wastewater collection and treatment systems in the supplier’s service area, including a quantification of the amount of wastewater collected and treated and the methods of wastewater disposal.
The City provides wastewater collection and treatment for a combination of residential, commercial, and industrial users. The existing sewer collection system is comprised of a network of approximately 29 miles of sewer pipelines ranging from six to 27 inches in diameter. The system also includes nine lift stations, the largest of which is the Highway 99 Lift Station. The Highway 99 Lift Station pumps wastewater collected from the east side of Highway 99 and discharges it on the west side of the highway into the Vinewood sewer trunk line near the intersection of First Street and B Street. Four of the nine sewer lift stations are located east of Highway 99 and five are located south of Highway 99. The pumping capacity of the existing lift stations ranges from 3.34 MGD for the Highway 99 Lift Station to a low of 0.43 MGD at the Hammat Way Lift Station. Wastewater is conveyed by the sewer collection system to the City’s Domestic WWTP, located northwest of the City
The City’sfirst Domestic WWTP was constructed in 1963, and consisted of screening, grit removal, primary clarification, anaerobic digestion, solar sludge drying, and six treatment/percolation ponds. In 2004, Livingston completed an upgrade to the facility that included a new oxidation ditch, two new secondary clarifiers, four new influent pumps, and a mechanical bar screen. Discharges from the WWTP are currently City of Livingston
2020 Urban Water Management Plan
Section 6 – System Supplies Characterization
44 regulated by Waste Discharge Requirements (WDRs) Order R5-2014-0147, which allows for the discharge of up to 2.0 million gallons per day (MGD) of undisinfected secondary effluent to evaporation/percolation ponds located on 40 acres of City owned land adjacent to the WWTP.
The City also owns an industrial wastewater treatment plant. The industrial WWTP was used in the past to treat wastewater generated solely from the Foster Farms poultry processing plant. However, this facility has been abandoned and Foster Farms has now constructed an on-site wastewater treatment plant. The onsite WWTP consists of fine screening, flow equalization, and extended aeration. Treated effluent is used by Foster Farm to irrigate crops within their own land.
Table 6-3 summarizes the information of the collection of wastewaters generated within the City’sservice area in 2020.
Table 6-3 Wastewater Collected Within Service Area in 2020 (Submittal Table 6-2) ☐
There is no wastewater collection system. The supplier will not complete the table below.
100% Percentage of 2020 service area covered by wastewater collection system. 100% Percentage of 2020 service area population covered by wastewater collection system.
Wastewater Collection Recipient of Collected Wastewater Name of
Wastewater
Collection
Agency
Wastewater
Volume
Metered or
Estimated?
Volume of
Wastewater
Collected
from UWMP
Service Area
2020
Name of
Wastewater
Treatment
Agency
Receiving
Collected
Wastewater
Treatment
Plant Name
Is WWTP
Located
Within
UWMP
Area?
Is WWTP
Operation
Contracted
to a Third
Party?
City of
Livingston Metered 457 City of Livingston
Domestic
WWTP Yes No
Total Wastewater Collected
from Service Area in 2020: 457
Table 6-4 identifies the wastewater treated and disposed of within the City’s service area in 2020. As discussed above, the City’s Domestic WWTP’s is located within the City’s water service area and provides primary and secondary treatment of wastewater generated within the City. During 2020, 457 MG of undisinfected secondary effluent from the Domestic WWTP was discharged to plant’s evaporation/percolation ponds that are located on 40 acres of City owned land.
6.6.3. Recycled Water System
CWC Section 10633 (c)
A description of the recycled water currently being used in the supplier’s service area, including, but not limited to, the type, place, and quantity of use.
Table 6-5 displays the current and projected recycled water uses through the year 2045. The City does not currently treat any wastewater to disinfected tertiary water standards to allow it to be used as a component of its water supply. However, the City’s domestic wastewater is treated and disposed of in percolation ponds, which percolates into the soil and is used to recharge the groundwater table. By way City of Livingston
2020 Urban Water Management Plan
Section 6 – System Supplies Characterization
45 Table 6-4 Wastewater Treatment and Discharge Within Service Area in 2020 (Submittal Table 6-3) ☐ No wastewater is treated or disposed of within the UWMP service area.
Wastewater
Treatment
Plant Name
Discharge
Location
Name or
Identifier
Discharge
Location
Description
Method of
Disposal
Does This
Plant Treat
Wastewater
Generated
Outside the
Service
Area?
Treatment
Level
2020 Volumes
Wastewater
Treated
Discharged
Treated
Wastewater
Recycled
Within
Service
Area
Recycled
Outside
of
Service
Area
Instream
Flow Permit
Requirement
City of
Livingston
City of
Livingston
Domestic
WWTP
Percolation
ponds No Secondary, Undisinfected 457 457 0 0 0
TOTAL 457 457 0 0 0
City of Livingston
2020 Urban Water Management Plan
Section 6 – System Supplies Characterization
46 Table 6-5 Recycled Water Direct Beneficial Uses Within Service Area (Submittal Table 6-4) ☒
Recycled water is not used and is not planned for use within the service area of the supplier.
The supplier will not complete the table below.
Name of Supplier Producing (Treating) the Recycled
Water: City of Livingston
Name of Supplier Operating the Recycled Water
Distribution System: City of Livingston
Supplemental Water Added in 2020 (volume) 0 MG
Source of 2020 Supplemental Water
Beneficial Use Type
Potential
Beneficial Uses
of Recycled
Water
Amount of
Potential
Uses of
Recycled
Water
General
Description
of 2020
Uses
Level of
Treatment 2020 2025 2030 2035 2040 2045
Agricultural irrigation
Landscape irrigation (exc golf courses)
Golf course irrigation
Commercial use
Industrial use
Geothermal and other energy
production
Seawater intrusion barrier
Recreational impoundment
Wetlands or wildlife habitat
Groundwater recharge (IPR)
Reservoir water augmentation (IPR)
Direct potable reuse
Other (Description Required)
TOTAL
City of Livingston
2020 Urban Water Management Plan
Section 6 – System Supplies Characterization
47 of this process, the majority of the treated domestic wastewater is recycled as groundwater recharge and subsequently pumped for local crop irrigation.
6.6.4. Potential, Current, and Projected Recycled Water Uses CWC Section 10633
(b) A description of the quantity of treated wastewater that meets recycled water standards, is being discharged, and is otherwise available for use in a recycled water project. (d) A description and quantification of the potential uses of recycled water, including, but not limited to, agricultural irrigation, landscape irrigation, wildlife habitat enhancement, wetlands, industrial reuse, groundwater recharge, indirect potable reuse, and other appropriate uses, and a determination with regard to the technical and economic feasibility of serving those uses. (e) The projected use of recycled water within the supplier’s service area at the end of 5, 10, 15, and 20 years, and a description of the actual use of recycled water in comparison to uses previously projected pursuant to this subdivision.
As previously stated in the above sections, the City’s treated undisinfected secondary effluent is discharged to evaporation/percolation ponds, which percolates into the soil and is used to recharge the groundwater table. While the direct use of recycled water technically feasible, it is not currently economically supported. Since the existing WWTP is located northwest of the City and there is no recycled water infrastructure currently in place, the cost associated with the construction of distribution piping from the WWTP to areas throughout the City is cost prohibitive. Additionally, there are no large-scale users that would benefit in proportion to the cost of installing separate distribution systems.
While the current method of disposal provides basin recharge, there are more direct ways to obtain water supply benefit through recycling of wastewater. These options include treatment and exchange of recycled water whereby the City would receive good quality surface water and the recycled water would be used more regionally for a broad range of agricultural uses. If the use of surface water becomes financially feasible, the potential for exchange of recycled water for a surface water supply will be investigated.
Treatment for use in landscape and park irrigation within the community is also an option currently not economical since this reuse opportunity is limited and presently the WWTP is not capable of producing recycled water meeting the standards required for urban water uses and no recycled water distribution facilities have been constructed. The City has explored alternatives to expand water recycling, such as upgrading the existing WWTP to produce tertiary treated recycled water for reuse on adjacent orchards.
However, the cost to produce tertiary treated wastewater is currently higher than the cost of pumping groundwater and the agricultural users around the WWTP are not interested in paying a premium for recycled water. The City will continue investigating opportunities and the potential for implementing a recycled water system and the findings of those investigations will be included in subsequent UWMPs.
The City’s 2015 UWMP did not contain recycled water projections over the planning horizon, and Table 6‐6 reflects both the current non‐use and 2015 projected non‐use of recycled water by use type.
City of Livingston
2020 Urban Water Management Plan
Section 6 – System Supplies Characterization
48 Table 6-6 2015 UWMP Recycled Water Use Projection Compared to 2020 Actual (Submittal Table 6-5) ☒
Recycled water was not used in 2015 nor projected for use in 2020.
The supplier will not complete the table below. If recycled water was not used in 2020, and was not predicted to be in 2015, then check the box and do not complete the table.
Beneficial Use Type 2015 Projection for
2020 2020 Actual Use
Agricultural irrigation
Landscape irrigation (exc golf courses)
Golf course irrigation
Commercial use
Industrial use
Geothermal and other energy production
Seawater intrusion barrier
Recreational impoundment
Wetlands or wildlife habitat
Groundwater recharge (IPR)
Reservoir water augmentation (IPR)
Direct potable reuse
Other (Description Required)
TOTAL 0 0
6.6.5. Actions to Encourage and Optimize Future Recycled Water Use CWC Section 10633
The plan shall provide, to the extent available, information on recycled water and its potential for use as a water source in the service area of the urban water supplier… and shall include the following:
(g) A plan for optimizing the use of recycled water in the supplier’s service area, including actions to facilitate the installation of dual distribution systems, to promote recirculating uses, to facilitate the increased use of treated wastewater that meets recycled water standards, and to overcome any obstacles to achieving that increased use.
As previously stated in the above sections, the City’s water recycling options have been determined to be infeasible or too expensive. Therefore, the City is not planning to change recycled water use in the near future. Given the current usage of treated wastewater for recharge purposes, there is no hydrological benefits to increasing such recycling use. Since recycled water options have been determined to be infeasible at this time, Table 6‐7 shows no methods to expand the City’s recycled water use.
City of Livingston
2020 Urban Water Management Plan
Section 6 – System Supplies Characterization
49 Table 6-7 Methods to Expand Future Recycled Water Use (Submittal Table 6-6) ☒
Supplier does not plan to expand recycled water use in the future.
Supplier will not complete the table below but will provide narrative explanation.
Provide page location of narrative in UWMP
Name of Action Description Planned
Implementation Year
Expected Increase in
Recycled Water Use
TOTAL 0
6.7. Desalinated Water Opportunities
CWC Section 10631(g)
Describe the opportunities for development of desalinated water, including, but not limited to, ocean water, brackish water, and groundwater, as a long-term supply.
The UWMPA requires water agencies to consider options for desalination. The City of Livingston is located a considerable distance from the Pacific Ocean, so constructing a transmission main to move either sea water or desalinated water directly to the City is not feasible and cost prohibitive.
6.8. Water Exchanges or Transfers
CWC Section 10631(c)
Describe the opportunities for exchanges or transfers of water on a short-term or long-term basis.
The municipal groundwater system that supplies the City’s water has historically been a consistent, reliable source of water; therefore, the City has not had to exchange or transfer water to meet its demands. Additionally, the City does not currently have access to purchase water through MID or other agencies.
In the event that untreated groundwater can no longer provide a consistent potable water source, new wells, well head treatment and a treated surface water supply will be used as needed to avoid a supply shortfall. The purchase and delivery of any surface water supplies to the City may first be used for groundwater recharge or for non-potable uses since the City presently does not have a surface water treatment plant (SWTP). It would not be practical to use surface water on a short-term or emergency basis. These water source options are being evaluated for their use in meeting future water demands, and the City is exploring the procurement of a surface water supply through various arrangements. However, at this time there are no plans for transferring or exchanging water.
6.9. Future Water Projects
CWC Section 10631 (f)
Include a description of all water supply projects and water supply programs that may be undertaken by the urban water supplier to meet the total projected water use, as established pursuant to subdivision (a) of Section 10635. The urban water supplier shall include a detailed description of expected future projects and programs that the urban water supplier may implement to increase the amount of the water supply available to the urban water supplier in normal and single dry water years and for a period of City of Livingston
2020 Urban Water Management Plan
Section 6 – System Supplies Characterization
50 drought lasting five consecutive water years. The description shall identify specific projects and include a description of the increase in water supply that is expected to be available from each project. The description shall include an estimate with regard to the implementation timeline for each project or program.
As previously stated, the City currently relies solely on groundwater for its water supply. Currently, the City is in the process of constructing various centralized groundwater treatment facilities to address TCP issues in the groundwater supply. The City also plans to bring two new wells into service within the next few years. It is estimated that the each of the new wells will have a capacity of 1,200 gpm.
In November 2021, during the preparation of this 2020 UWMP, the City submitted an application to the DWR’s 2021 Urban and Multibenefit Drought Relief Grant Program, requesting grant funding for the construction of an alternative surface water source. The proposed surface water source would augment the City’s existing groundwater supplies, while providing an additional water supply source during dry years. Reduced pumping during wet years could potentially reduce overdraft conditions of the Merced Subbasin and allow the underground aquifer to recover.
The proposed project will consist of the acquisition of approximately 3 acres of property for the construction of a new Horizontal Collector Well and Surface Water Treatment Plant (SWTP). The new Horizontal Collector Well will be installed along the bottom of the Merced River and a new 2 MGD SWTP will be constructed on the property. Approximatley 1,500 of 20-inch raw water conveyance pipeline will be constructed from the Horizontal Collector Well to the new SWTP. Additionally, approximatley 4,000 feet of 20-inch treated water pipeline will be installed to transfer water from the SWTP to the City’s water distribution system.
Table 6-8 lists the City’s forthcoming water supply projects, which include the construction of Well Nos. 18 and 19 and the new Horizontal Collector Well and SWTP.
Table 6-8 Expected Future Water Supply Projects or Programs (Submittal Table 6-7) ☐
No expected future water supply projects or programs that provide a quantifiable increase to the agency's water supply. Supplier will not complete the table below.
☐
Some or all of the supplier's future water supply projects or programs are not compatible with this table and are described in a narrative format.
Provide page location of narrative in the UWMP
Name of Future Projects
or Programs
Joint Project
with other
suppliers?
Planned
Implementation
Year
Planned for
Use in Year
Type
Expected
Increase in
Water Supply
to Supplier
New Well No. 18 No 2023 Single-Dry Year 1,200 gpm
New Well No. 19 No 2023 Single-Dry Year 1,200 gpm
New Horizontal
Collector Well and SWTP No 2024 Average Year 2 MGD
City of Livingston
2020 Urban Water Management Plan
Section 6 – System Supplies Characterization
51 6.10. Summary of Existing and Planned Sources
CWC Code 10631
(b) Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier over the same five-year increments described in subdivision (a), providing supporting and related information, including all of the following… (b)(2) When multiple sources of water supply are identified, a description of the management of each supply in correlation with the other identified supplies. (h) An urban water supplier that relies upon a wholesale agency for a source of water shall provide the wholesale agency with water use projections from that agency for that source of water in five-year increments to 20 years or as far as data is available. The wholesale agency shall provide information to the urban water supplier for inclusion in the urban water supplier’s plan that identifies and quantifies, to the extent practicable, the existing and planned sources of water as required by subdivision (b), available from the wholesale agency to the urban water supplier over the same fiveyear increments, and during various water-year types in accordance with subdivision (f). An urban water supplier may rely upon water supply information provided by the wholesale agency in fulfilling the plan informational requirements of subdivisions (b) and (f).
Water pumped form the City’s underlying groundwater basin has historically been the only source of potable water supply. During 2020, the City’s water supply was obtained using eight active wells; Well Nos. 8, 9, 11, 12, 13, 14, 16, and 17. No water was produced from the City’s ninth well, Well No. 15, during 2020. Water is distributed through a network approximatley 36 miles of pressurized pipes, ranging from two to 16 inches in diameter in size. System pressure is maintained between 50 and 65 psi with Mercoid pressure switch controls on all of the wells. The water system also includes a 1.0 MG welded steel storage tank that is used for water storage.
The City’s annual treated water supply for 2020 is summarized in Table 6-9 below.
Table 6-9 Water Supplies (Submittal Table 6-8)
Water Supply Additional Detail on
Water Supply
2020
Actual
Volume
Water
Quality
Total Right
or Safe Yield
Groundwater (not
desalinated)
Well Nos. 8, 9, 11, 12,
13, 14, 15, 16, and 17 2,779 Drinking Water 5,729
TOTAL 2,779 - 5,729
As population and development within the City increases, additional wells and storage tanks will be added to the water system to meet the growing demand. As stated above, the City is currently in the process of constructing various centralized groundwater treatment facilities that will address TCP issues in the groundwater supply. Within the next UWMP planning period, the anticipates placing two new groundwater wells in operation. It is estimated that each well will be capable of producing 1,200 gpm.
While groundwater will continue to be utilized as a primary source, the City has determined that an additional water supply source is needed. The City has submitted an application to DWR requesting grant funding for the construction of an alternative surface water source. The proposed surface water source City of Livingston
2020 Urban Water Management Plan
Section 6 – System Supplies Characterization
52 would augment the City’s existing groundwater supplies and provide an additional water supply source during dry years.
Table 6-10 summarizes the future projected water supplies for the City. Within the next UWMP planning period, the anticipates placing two new groundwater wells in operation and constructing a new Horizontal Collector Well and SWTP. It is estimated that the new water supply sources will increase the City’s water available capacity from 5,729 MGY to 7,720 MGY. As shown in Table 6-10, the City’s estimated available water supply will be sufficient to meet projected water demands through 2040.
6.11. Climate Change Impacts to Water Supply
The climatic conditions of the central San Joaquin Valley demand careful water management practices because of the typically low amount of rainfall and short rainy season and because of the high temperatures that frequently occur in the summer months. The average annual precipitation for the Livingston area is 11.8 inches. The rainy season typically runs from the beginning of November till the end of April. Drought conditions are not uncommon and can last for multiple years. Summer water consumption varies directly with daily temperature maximums and the Livingston region can experience temperatures over 90 degrees during these months.
The City overlies the Merced groundwater Subbasin within the San Joaquin Valley Groundwater Basin.
Much of the recharge on this basin occurs from river, stream, and canal seepage, percolation of irrigation water, and intentional recharge. Drought periods will reduce the availability of surface water and will limit the amount of recharge. The reduced recharge in combination with increased pumping will cause groundwater levels to decline. Additionally, climate change impacts may cause increased evapotranspiration and a longer growing season, further exacerbating groundwater overdraft and high salinity levels. A copy of the Merced IRWMP Climate Change Vulnerability Assessment is included in Appendix E.
6.12. Energy Use
CWC Section 10631.2. (a)
In addition to the requirements of Section 10631, an urban water management plan shall include any of the following information that the urban water supplier can readily obtain:
(1) An estimate of the amount of energy used to extract or divert water supplies. (2) An estimate of the amount of energy used to convey water supplies to the water treatment plants or distribution systems.
(3) An estimate of the amount of energy used to treat water supplies. (4) An estimate of the amount of energy used to distribute water supplies through its distribution systems.
(5) An estimate of the amount of energy used for treated water supplies in comparison to the amount used for nontreated water supplies.
(6) An estimate of the amount of energy used to place water into or withdraw from storage. (7) Any other energy-related information the urban water supplier deems appropriate.
City of Livingston
2020 Urban Water Management Plan
Section 6 – System Supplies Characterization
53 For this 2020 UWMP, suppliers are required to include information that could be used to calculate the energy intensity of their water service, as listed in Water Code Section 10631.2(a). Energy intensity is defined as the amount of energy used to collectively divert, store, convey, treat, and distribute each unit City of Livingston
2020 Urban Water Management Plan
Section 6 – System Supplies Characterization
54 Table 6-10 Water Supplies — Projected (Submittal Table 6-9) Water Supply
Projected Water Supply
2025 2030 2035 2040 2045
Reasonably
Available
Volume
Total
Right or
Safe Yield
Reasonably
Available
Volume
Total
Right or
Safe Yield
Reasonably
Available
Volume
Total
Right or
Safe Yield
Reasonably
Available
Volume
Total
Right or
Safe Yield
Reasonably
Available
Volume
Total
Right or
Safe Yield
Groundwater (not
desalinated) 3,052 7,720 3,352 7,720 3,683 7,720 4,048 7,720 4,451 7,720 TOTAL 3,052 7,720 3,352 7,720 3,683 7,720 4,048 7,720 4,451 7,720 City of Livingston
2020 Urban Water Management Plan
Section 7 – Water Supply Reliability Assessment
55 volume of water. For the City of Livingston’s water system, this means the energy required to pump water from the underlining groundwater basin and into the distribution system. These processes are metered for electricity use in kilowatt-hours (kWh).
In accordance with the CWC Section 10631.2(a), an energy intensity analysis was performed for the reporting period of January 1, 2020, through December 31, 2020. The energy intensity analysis for the water system is shown below in Table 6-11. The final calculated energy intensity for the water system is 1,744 kilowatt-hours per million gallons (kWh/MG). The City does not generate any electricity to offset their electricity use for the water system.
Table 6-11 Recommended Energy Reporting - Total Utility Approach (DWR Table O-1B:) Enter Start Date for Reporting Period 1/1/2020
Urban Water Supplier Operational Control
End Date 12/30/2020
☐ Is upstream embedded in the values reported?
Sum of All Water
Management
Processes
Non-Consequential
Hydropower
Total Utility Hydropower Net Utility
Volume of Water Entering Process (MG) 2,779 0 2,779
Energy Consumed (kWh) 4,848,012 0 4,848,012
Energy Intensity (kWh/MG) 1,744 0 1,744
As discussed in Section 6.6, the City collects, treats, and discharges wastewater generated from a combination of residential, commercial, and industrial sources. The energy intensity associated with the City’s wastewater treatment and disposal systems for the reporting period of January 1, 2020, through December 31, 2020, is provided in Table 6-12. The final calculated energy intensity for the wastewater system is 3,181 kWh/MG. The City does not generate any electricity to offset their electricity use for the water system.
Table 6-12 Recommended Energy Reporting - Wastewater & Recycled Water (DWR Table O-2:) Enter Start Date for Reporting
Period 1/1/2020
Urban Water Supplier Operational Control
End Date 12/30/2020
☐ Is upstream embedded in the values
reported?
Water Management Process
Collection/
Conveyance Treatment Discharge/Distribution Total
Volume of Wastewater Entering Process (MG) 0 457 0 457
Wastewater Energy Consumed (kWh) 0 1,452,331 0 1,452,331 Wastewater Energy Intensity (kWh/MG) 0 3,181 0 3,181
Volume of Recycled Water Entering Process (MG) 0 0 0 0
Recycled Water Energy Consumed (kWh) 0 0 0 0
Recycled Water Energy Intensity (kWh/MG) 0 0 0 0
The City’s energy intensity tables and associated narratives are provided in Appendix H.
City of Livingston
2020 Urban Water Management Plan
Section 7 – Water Supply Reliability Assessment
56 CHAPTER 7 - WATER SUPPLY RELIABILITY AND DROUGHT RISK
ASSESSMENT
7.1. Introduction
Assessing water service reliability is the fundamental purpose for an urban water supplier to prepare and update their UWMP. Water service reliability reflects the supplier’s ability to meet the water needs of its customers with water supplies under varying conditions. This 2020 UWMP considers the reliability of meeting customer water use by analyzing plausible hydrological variability, regulatory variability, climate conditions, and other factors that could affect the City’s water supply and its customers’ water uses. The UWMPA also requires that a supplier’s UWMP include information on the quality of water supplies and how this affects management strategies and supply reliability. In addition, this chapter includes a new requirement for a Drought Risk Assessment (DRA) that enables the City to evaluate risk under a severe drought period lasting for the next five consecutive years.
7.2. Water Service Reliability Assessment
CWC Section 10635(a)
Every urban water supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years.
This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the long-term total projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and a drought lasting five consecutive water years. The water service reliability assessment shall be based upon the information compiled pursuant to Section 10631, including available data from state, regional, or local agency population projections within the service area of the urban water supplier.
The water service reliability assessment presented in the following sections summarizes the City’s expected water service reliability for a normal year, single dry year, and five consecutive dry year projections for 2025, 2030, 2035, and at least through 2040.
7.2.1. Constraints on Water Sources
Section 10631 (b)(1)
A detailed discussion of anticipated supply availability under a normal water year, single dry year, and droughts lasting at least five years, as well as more frequent and severe periods of drought, as described in the drought risk assessment. For each source of water supply, consider any information pertinent to the reliability analysis conducted pursuant to Section 10635, including changes in supply due to climate change.
There are a variety of factors that can impact water supply reliability. These factors include water quality, legal constraints, and climatic issues. A brief discussion on each of these factors is provided below.
7.2.1.1. Water Quality
The City conducts periodic sampling of the water quality from all water supply wells. Table 7-1 below contains a summary of the City’s most recent water quality results from each of the water supply wells.
City of Livingston
2020 Urban Water Management Plan
Section 7 – Water Supply Reliability Assessment
57 Table 7-1 Groundwater Quality by Well
Constituent
Raw Water
Well MCL
8 Well
9 Well
11 Well
12 Well
13 Well
14 Well
15 Well
16 Well
17 Primary
Aluminum, µg/L 0 0 0 0 0 0 300 0 0 1,000
Antimony, µg/L 0 0 0 0 0 0 0 0 0 6
Arsenic, µg/L 3.7 6 7 7.5 9.3 4.3 3.3 19 11 10
Barium, µg/L 140 0 0 120 0 0 0 0 0 1,000
Beryllium, µg/L 0 0 0 0 0 0 0 0 0 4
Cadmium, µg/L 0 0 0 0 0 0 0 0 0 5
Chromium, µg/L 0 0 0 0 0 0 0 0 0 50
Cyanide, µg/L NR NR NR NR NR NR NR NR NR 10
Fluoride, mg/L 0.1 0.13 0.15 0.12 0.19 0.13 0.15 0.11 0.13 2 Hexavalent chromium, µg/L 0 0 0 0 0 1.1 0 0 0 10
Mercury, µg/L 0 0 0 0 0 0 0 0 0 2
Nickel, µg/L 0 0 0 0 0 0 0 0 0 100
Nitrate (as Nitrogen), mg/L 8.9 1.8 0 5.6 1.4 6.2 0 3 0.71 10 Nitrate + Nitrite (sum as
Nitrogen), mg/L 7.9 1.8 0.61 5.2 1.4 6.5 0.82 3.1 0.64 10 Nitrite (as nitrogen), mg/L 0 0 0 0 0 0 0 0 0 10
Perchlorate, µg/L 0 0 0 0 0 0 0 0 0 6
Selenium, µg/L 0 0 0 0 0 0 0 0 0 50
Thallium, µg/L 0 0 0 0 0 0 0 0 0 2
Secondary
Color, Units 0 0 0 0 0 0 35 0 0 15
Copper, µg/L 0 0 0 0 0 0 0 0 0 1,000.0
Foaming Agents (MBAS), mg/L 0 0 0 0 0 0 0 0 0 0.5
Iron, µg/L 0 0 0 0 0 0 1,400 0 0 300
Manganese, µg/L 0 30 37 34 32 0 170 34 46 50
Methyl-tert-butyl ether (MTBE),
µg/L 0 0 0 0 0 0 0 0 0 13
Odor (Threshold at 60°C), Ton 0 0 0 0 0 0 1.2 0 0 3
Silver, µg/L 0 0 0 0 0 0 0 0 0 100
Thiobencarb, µg/L 0 NR 0 0 NR 0 0 0 NR 70
Turbidity, NTU 0.17 0.11 0.28 0.12 0.14 0.19 4.2 0.25 0.42 5 Zinc, µg/L 0 0 0 0 0 0 0 0 0 5,000
Total Dissolved Solids, mg/L NR NR NR NR NR NR NR NR NR 1,000 Specific Conductance, µS/L 550 370 420 430 370 290 400 380 420 1,600 Chloride, mg/L 41 27 48 20 36 7.1 47 34 77 500
Sulfate, mg/L 45 24 18 39 24 24 20 12 9.9 500
City of Livingston
2020 Urban Water Management Plan
Section 7 – Water Supply Reliability Assessment
58 In recent years, the City’s groundwater quality has declined due to human activities and the increased regulation of naturally occurring constituents has resulted in the majority of the City’s wells producing water at or above the regulated maximum contaminant level (MCL) for at least one regulated contaminant. The groundwater quality of the City’s eight active wells includes a range of both natural and manmade contaminants at various levels. The primary contaminants of concern above MCL’s include 1,2,3-trichloropropane (TCP), arsenic, and manganese.
In 2017, the SWRCB DDW established a drinking water Maximum Contaminant Level (MCL) for TCP of
0.005 micrograms per liter (μg/l). On April 20, 2018, the SWRCB DDW issued the City Compliance Order No. 03_11_18R_013 (CO) for exceeding the 1,2,3-TCP MCL in eight of the City’s groundwater wells (Well Nos. 9, 11, 12, 13, 14, 15, 16 and 17). To address compliance with TCP, the City is implementing several centralized TCP treatment systems at several well sites. The City recently completed construction on centralized TCP treatment system at Well No. 16. The project consisted of constructing approximatley 3,100 linear feet of conveyance pipeline between Well Nos. 14 and 16 and four Granular Activated Carbon (GAC) trains that can handle the combined flows of both wells.
The City is currently in the process of requesting funding from the SWRCB for the construction of additional centralized TCP treatment system. The City is proposing to construct a second centralized TCP treatment system at Arakelian Park to treat the raw water from Well Nos. 12, 13 and 17, and a third centralized TCP treatment system at Well No. 8 that will treat the combined flows from Well Nos. 8 and 9, as well as the new proposed Well No. 19. Additionally, a TCP treatment system will likely need to be constructed at the well site of the proposed new Well No. 18.
The City’s wells also have arsenic and manganese levels at or above the MCL. As shown in Table 6-1, Well No. 16 has the highest level of arsenic, over three times the MCL. The City completed construction of a groundwater treatment plant to reduce arsenic at Well No. 16 using an adsorption media. Well No. 13 also produces groundwater with an arsenic concentration above the MCL. The City recently completed an arsenic removal treatment system at Well No. 13. Additionally, Well Nos. 16 and 17 also contain elevated levels of arsenic; Well No. 16 is approximatley 90 percent above the MCL, while Well No. 17 is at approximatley 10 percent above the MCL. Manganese is also a contaminant of concern, with Well No. 15 containing elevated levels. Well No. 17 has tested just below the MCL. The progressive degradation of local underlying groundwater has led the City to explore surface water alternatives and acquiring a secondary water source to augment the existing groundwater supply.
7.2.1.2. Climatic Changes
The climatic conditions of the central San Joaquin Valley demand careful water management practices because of the typically low amount of rainfall and short rainy season and because of the high temperatures that frequently occur in the summer months. The average annual precipitation for the Livingston area is 11.8 inches. The rainy season runs from November through April. Drought conditions are not uncommon and can last for multiple years. Summer water consumption varies directly with daily temperature maximums and the Livingston region can experience temperatures over 90 degrees during these months.
The reliability and vulnerability of the City’s water supply to seasonal or climactic changes can be easily qualified, but reliability and vulnerability are difficult to quantify. Because the City relies entirely on City of Livingston
2020 Urban Water Management Plan
Section 7 – Water Supply Reliability Assessment
59 groundwater using multiple extraction wells, the intermittent overdraft will obviously be more severe during drought periods. To date, water levels in the Subbasin have shown the ability to recover from reduced rainfall (drought) and reduced surface water deliveries. However, due to the recent drought conditions, loss of storage capacity in the groundwater aquifer has caused land subsidence in localized areas of Merced County. As growth in the area continues and increased demands are placed on the groundwater resources of the area, a condition of sustained overdraft may be reached but this condition is not expected to occur for many years. Recharge, conservation, and seeking a secondary water source, such as surface water, will all reduce vulnerability and increase reliability. The effectiveness of recharge in those areas that have experienced land subsidence may be reduced as a consequence of the loss of storage capacity in the aquifer caused by the compaction of the water bearing strata.
7.2.1.3. Legal Constraints
Legal factors, such as pumping limitations in adjudicated groundwater basins and surface water contracts, are capable of affecting the reliability of a water distribution system. The City's sole source of water supply, the Merced Subbasin, is not an adjudicated groundwater basin. Therefore, adjudication‐related legal limitations are unlikely to affect the amount of groundwater that the City can extract from this sub basin.
7.2.2. Year Type Characterization
Water supply reliability is assessed based on the characteristics of the City’s water supplies during various water year water year types which are provided in this section. CWC Section 10635(a) requires that the City’s water service reliability be assessed based on the following three water year types:
• Normal Year – This condition represents the water supplies the City considers available during normal conditions. This could be a single year or averaged range of years that most closely represents the average water supply available to the Supplier. To determine the amount of water available during a normal year, the City evaluated the average volume of water supplied during the years of 2002 to 2006. During this period, the average volume of water supplied was 2,392 MG.
• total volume of water supplied over the last twenty years. From 2001 to 2020 the City’s maximum water usage occurred during 2020. Therefore, the average year selected is 2020, when 2,779 MG of water was supplied.
• Single Dry Year – The single dry year is recommended to be the year that represents the lowest water supply available. The year 2010 represents the single dry year for the City, during which, the City supplied 2,101 MG of water.
• Five-Consecutive Year Drought – The driest five-year historical sequence for the supplier, which may be the lowest average water supply available for five years in a row. For the five-year drought period, the City evaluated the average volume of water that was supplied during the State’s most recent drought period, which occurred during the years of 2012 to 2016. During this period, the average volume of water that was supplied was approximatley 2,336 MG. Between 2012 and 2016, the volume of water supplied decreased at an average annual rate of approximatley 2.4 percent.
City of Livingston
2020 Urban Water Management Plan
Section 7 – Water Supply Reliability Assessment
60 Table 7-2 summarizes the City’s historical supply reliability during the water years described above. The available supplies columns specify the volume and percentage of the City’s total water supply expected if the hydrology from that type of year were to repeat.
Table 7-2 Basis of Water Year Data (Reliability Assessment) (Submittal Table 7-1) Year Type Base Year
Available Supplies if Year Type Repeats
☐
Quantification of available
supplies is not compatible with
this table and is provided
elsewhere in the UWMP.
Location
__________________________
☒
Quantification of available
supplies is provided in this table
as either volume only, percent
only, or both.
Volume
Available (MG) % of Average Supply
Average Year 2002-2006 2,392 100%
Single-Dry Year 2010 2,101 88%
Consecutive Dry Years 1st Year 2012 2,336 98%
Consecutive Dry Years 2nd Year(1) 2013 2,281 95%
Consecutive Dry Years 3rd Year(1) 2014 2,227 93%
Consecutive Dry Years 4th Year(1) 2015 2,174 91%
Consecutive Dry Years 5th Year(1) 2016 2,123 89%
NOTES:
(1)Assumes a 2.4 percent decrease in the available water supply from previous year.
7.2.3. Supply and Demand Comparison
CWC Section 10635(a)
Every urban water supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years.
This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the long-term total projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and a drought lasting five consecutive water years. The water service reliability assessment shall be based upon the information compiled pursuant to Section 10631, including available data from state, regional, or local agency population projections within the service area of the urban water supplier.
The following sections compare City’s projected water demands, as presented in Chapter 4 of this 2020 UWMP, with the projected water supplies available during normal, single, and multiple dry years to assess the reliability of City’s water supply. Under the various water year types, the total water supply that is available on an annual basis is compared to the total annual projected water use for the City service area from 2025 to 2045 in five-year increments.
City of Livingston
2020 Urban Water Management Plan
Section 7 – Water Supply Reliability Assessment
61 7.2.3.1. Normal Year
The reliability of the City’s water supply and lack of vulnerability to seasonal or climatic shortage is discussed in Chapter 6 of this UWMP. As previously stated, based on the resiliency of the groundwater basin and if potable groundwater can be extracted by the City wells, which are individual sources in certain respects, it is not anticipated that a single or multiple dry year period will critically reduce the availability of water supply to the City. Groundwater has and will continue to provide drought protection for the City.
However, the City has engaged in extensive emergency planning in preparation for potential service interruptions and has prepared a Water Shortage Contingency Plan (WSCP) that will be implemented during drought conditions. The City’s WSCP is presented in Chapter 8 of the UWMP.
Table 7-3 displays the projected supply and demand totals for a normal year. The supply and demands totals are consistent with those in Table 6-9 and Table 4-6, respectively. The City is expected to have adequate water supplies during normal years to meet its projected demands through 2045.
Table 7-3 Normal Year Supply and Demand Comparison (Submittal Table 7-2) 2025 2030 2035 2040 2045
Supply Totals (From Table 6-9) 3,052 3,352 3,683 4,048 4,451 Demand Totals (From Table 4-6) 3,052 3,352 3,683 4,048 4,451 Difference 0 0 0 0 0
7.2.3.2. Single Dry Year
Single-dry year effects are simulated through a methodology which assumes that the supply and demand totals will decrease by approximately 12 percent below normal year demands as a consequence of mandatory water use restrictions. As shown in Table 7-4, it is not anticipated that a single dry year period will reduce the availability of water supply to the City.
Table 7-4 Single Dry Year Supply and Demand Comparison (Submittal Table 7-3) 2025 2030 2035 2040 2045
Supply Totals 2,680 2,944 3,234 3,555 3,909
Demand Totals 2,680 2,944 3,234 3,555 3,909
Difference 0 0 0 0 0
7.2.3.3. Five Consecutive Dry Years
Table 7-4 shows the projected supply and demands totals for multiple dry year period extending five consecutive years over the planning period. The City assumes that the supply and demand totals will decrease below normal year demands by approximately 2 percent in the first year, 5 percent in the second year, 7 percent in the third year, 9 percent in the fourth year, and 11 percent in the fifth year.
Table 7-5 Multiple Dry Years Supply and Demand Comparison (Submittal Table 7-4) 2025 2030 2035 2040 2045
First year
Supply totals 2,979 3,273 3,596 3,952 4,345
Demand totals 2,979 3,273 3,596 3,952 4,345
Difference 0 0 0 0 0
Second year Supply totals 2,909 3,195 3,511 3,859 4,243 City of Livingston
2020 Urban Water Management Plan
Section 7 – Water Supply Reliability Assessment
62 Table 7-5 Multiple Dry Years Supply and Demand Comparison (Submittal Table 7-4) 2025 2030 2035 2040 2045
Demand totals 2,909 3,195 3,511 3,859 4,243
Difference 0 0 0 0 0
Third year
Supply totals 2,840 3,120 3,428 3,768 4,143
Demand totals 2,840 3,120 3,428 3,768 4,143
Difference 0 0 0 0 0
Fourth year
Supply totals 2,773 3,046 3,347 3,679 4,045
Demand totals 2,773 3,046 3,347 3,679 4,045
Difference 0 0 0 0 0
Fifth year
Supply totals 2,708 2,974 3,268 3,592 3,949
Demand totals 2,708 2,974 3,268 3,592 3,949
Difference 0 0 0 0 0
As shown in Tables 7-2, 7-3, and 7-4, anticipated groundwater supplies are sufficient to meet all demands through year 2045 even under drought conditions. To continue to utilize groundwater, it is essential that City continue its current efforts towards conservation.
7.2.4. Description of Management Tools and Options
CWC Section 10620(f)
An urban water supplier shall describe in the plan water management tools and options used by that entity that will maximize resources and minimize the need to import water from other regions.
The City recognizes the importance of maintaining a high quality, reliable water supply. Although water is a renewable resource, there is a limit on the amount of water that can be sustainably drawn from a given supply source (e.g., groundwater basins, surface water sources). As discussed in Section 6.10 of this 2020 UWMP, groundwater will continue to be utilized by the City as a primary source; however, the City has determined that an additional water supply source is needed. In order to secure a secondary water supply source, the City has requested grant funding from the DWR for the construction of a new Horizontal Collector Well and 2.0 MGD SWTP. The proposed surface water source would augment the City’s existing groundwater supplies and provide an additional water supply source during dry years.
Determining the supply reliability for the City is difficult because of the complex factors that accompany groundwater use in general. The City’s existing wells currently draw water from a non‐adjudicated groundwater basin (Merced Subbasin) with no limits on pumping; however, the Subbasin has been labeled as being in a critical state of overdraft. Therefore, reliability of the groundwater supply will depend on the long‐term balance between groundwater extraction and recharge for the Subbasin as a whole.
To minimize its contribution to groundwater depletion, sustainable use of groundwater supply sources is the primary focus of the City’s urban water management activities extending into the future.
Consequently, a focus for the City is to maximize the efficient use of water and to promote conservation.
This will be accomplished through the implementation of demand management measures (DMMs) that have not been implemented by the City, continued implementation of DMMs that have currently been implemented by the City, and other conservation activities.
City of Livingston
2020 Urban Water Management Plan
Section 7 – Water Supply Reliability Assessment
63 7.3. Drought Risk Assessment
CWC Section 10635(b)
Every urban water supplier shall include, as part of its urban water management plan, a drought risk assessment for its water service to its customers as part of information considered in developing the demand management measures and water supply projects and programs to be included in the urban water management plan. The urban water supplier may conduct an interim update or updates to this drought risk assessment within the five-year cycle of its urban water management plan update. The drought risk assessment shall include each of the following:
(1) A description of the data, methodology, and basis for one or more supply shortage conditions that are necessary to conduct a drought risk assessment for a drought period that lasts five consecutive water years, starting from the year following when the assessment is conducted. (2) A determination of the reliability of each source of supply under a variety of water shortage conditions. This may include a determination that a particular source of water supply is fully reliable under most, if not all, conditions.
(3) A comparison of the total water supply sources available to the water supplier with the total projected water use for the drought period.
(4) Considerations of the historical drought hydrology, plausible changes on projected supplies and demands under climate change conditions, anticipated regulatory changes, and other locally applicable criteria.
New to the 2020 UWMP, CWC 10635 (b) now requires a Drought Risk Assessment (DRA). The DRA provides a quick snapshot of the anticipated supply surplus or deficit should a five-consecutive year drought occur in the next five years. The DRA can be modified or updated outside of the UWMP’s five-year plan cycle, so a description of the data, methodology, and basis for shortage conditions must be included in this 2020 UWMP. The DRA evaluates each water supply’s reliability and compares available water supplies and projected demands during a five consecutive dry years scenario. This short-term analysis can help water suppliers foresee undesired risks, such as upcoming shortages, and provide time to evaluate and implement the necessary response actions needed to mitigate shortages in a less impactful manner to the community and environment. If demands cannot be met by the expected available supply, shortage response actions from the City’s WSCP may be implemented.
The following assumptions were considered during the preparation of the City’s DRA for the next five consecutive years:
• The five consecutive year drought period associated with this 2020 UWMP is based on five consecutive dry years from 2012 to 2016, which represents the most recent and historical five consecutive year drought. During this period, the average volume of water that was supplied was approximatley 2,336 MG. Between 2012 and 2016, the volume of water supplied decreased at an average annual rate of approximatley 2.4 percent.
• It has been assumed that the projected water supplies available during this five consecutive year period will decrease below normal year demands by approximately 2 percent in the first year, 5 percent in the second year, 7 percent in the third year, 9 percent in the fourth year, and 11 percent in the fifth year.
City of Livingston
2020 Urban Water Management Plan
Section 7 – Water Supply Reliability Assessment
64 • The projected demands during this five consecutive year drought are based on the unconstrained projected water demands presented in Table 4-7, which is included in Section 4.3.7 of this 2020 UWMP.
• The projected demands were compared to the projected supplies to identify potential water supply deficits which will require implementation of the City’s WSCP. To adequately meet water demands during this five consecutive drought year period, the City will need to implement Stage 1 of the WSCP during the third and fourth years of the drought period and Stage 2 of the WSCP during the fifth year. Conservation measures associated with each Stage are further discussed in Chapter 8 of this 2020 UWMP.
As shown in Table 7-5, during a five-year drought beginning in 2021, the City can adequately meet projected demands through 2025 with the implementation of water conservation measures.
Table 7-6 Five-Year Drought Risk Assessment Tables to address Water Code Section 10635(b) (Submittal Table 7-5)
2021 Total
Total Water Use 2,831
Total Supplies 2,979
Surplus/Shortfall w/o WSCP Action 148
Planned WSCP Actions (use reduction and supply augmentation) WSCP - supply augmentation benefit
WSCP - use reduction savings benefit
Revised Surplus/(shortfall) 148
Resulting % Use Reduction from WSCP action 0%
2022 Total
Total Water Use 2,885
Total Supplies 2,909
Surplus/Shortfall w/o WSCP Action 24
Planned WSCP Actions (use reduction and supply augmentation) WSCP - supply augmentation benefit
WSCP - use reduction savings benefit 11
Revised Surplus/(shortfall) 35
Resulting % Use Reduction from WSCP action 0%
2023 Total
Total Water Use 2,939
Total Supplies 2,840
Surplus/Shortfall w/o WSCP Action (99)
Planned WSCP Actions (use reduction and supply augmentation) WSCP - supply augmentation benefit
WSCP - use reduction savings benefit 99
Revised Surplus/(shortfall) 0
Resulting % Use Reduction from WSCP action 3%
2024 Total
City of Livingston
2020 Urban Water Management Plan
Section 7 – Water Supply Reliability Assessment
65 Table 7-6 Five-Year Drought Risk Assessment Tables to address Water Code Section 10635(b) (Submittal Table 7-5)
Total Water Use 2,995
Total Supplies 2,773
Surplus/Shortfall w/o WSCP Action (222)
Planned WSCP Actions (use reduction and supply augmentation) WSCP - supply augmentation benefit
WSCP - use reduction savings benefit 222
Revised Surplus/(shortfall) 0
Resulting % Use Reduction from WSCP action 7%
2025 839
Total Water Use 3,052
Total Supplies 2,708
Surplus/Shortfall w/o WSCP Action (344)
Planned WSCP Actions (use reduction and supply augmentation) WSCP - supply augmentation benefit
WSCP - use reduction savings benefit 344
Revised Surplus/(shortfall) 0
Resulting % Use Reduction from WSCP action 11%
City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
66 CHAPTER 8 - WATER SHORTAGE CONTINGENCY PLAN
8.1. Introduction
CWC Section 10632.3
It is the intent of the Legislature that, upon proclamation by the Governor of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, the board defer to implementation of locally adopted water shortage contingency plans to the extent practicable.
This chapter describes the Water Shortage Contingency Plan (WSCP) developed for the City of Livingston as required by Section 10632.3 of the CWC. Water shortage contingency planning is a strategic planning process to prepare for and respond to water shortages. The WSCP includes the stages of response to a water shortage, such as a drought, that occur over a period of time, as well as catastrophic supply interruptions which occur suddenly. The primary objective of the WSCP is to ensure that the City has in place the necessary resources and management responses needed to protect health and human safety, minimize economic disruption, and preserve environmental and community assets during water supply shortages and interruptions. This locally developed plan will be the first point of reference and implementation during (1) an Agency declared water shortage, (2) a City or County proclamation of a local water supply emergency, or (3) a declared statewide drought emergency.
In response to the severe drought of 2012 to 2016, new legislation in 2018 created a WSCP mandate replacing the water shortage contingency analysis under former law. While overlapping aspects of the prior law, the new requirements have several prescriptive elements an urban water supplier’s WSCP must now include, such as:
• Key attributes of its Water Supply Reliability Analysis conducted pursuant to Water Code Section 10635.
• Six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percent shortages and greater than 50 percent shortage. • Locally appropriate “shortage response actions” for each shortage level, with a corresponding estimate of the extent the action will address the gap between supplies and demands. • Procedures for conducting an annual water supply and demand assessment with prescribed elements.
• Under Water Code Section 10632.1, urban water Suppliers are required to submit, by July 1 of each year, beginning in the year following adoption of the 2020 UWMP, an annual water shortage assessment report to the DWR.
• Communication protocols and procedures to inform customers, the public, and government entities of any current or predicted water shortages and associated response actions. • Monitoring and reporting procedures to assure appropriate data is collected to monitor customer compliance and to respond to any state reporting requirements. • A reevaluation and improvement process to assess the functionality of its WSCP and to make appropriate adjustments as may be warranted.
City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
67 As part of the 2020 UWMP update, CWC Section 10632 requires urban water suppliers to prepare and adopt a WSCP that consist of the following elements:
8.1 Water Supply Reliability Analysis
8.2 Annual Water Supply and Demand Assessment Procedures
8.3 Six Standard Water Shortage Stages
8.4 Shortage Response Actions
8.5 Communication Protocols
8.6 Compliance and Enforcement
8.7 Legal Authorities
8.8 Financial Consequences of WSCP Activation
8.9 Monitoring and Reporting
8.10 WSCP Refinement Procedures
8.11 Special Water Feature Distinction
8.12 Plan Adoption, Submittal, and Availability
8.2. Water Supply Reliability Analysis
CWC Section 10632(a)(1)
The analysis of water supply reliability conducted pursuant to Section 10635.
As part of the 2020 UWMP requirements, Chapter 7 of this UWMP includes a supply reliability analysis for the following scenarios: normal year, single-dry year, and five-year consecutive dry years. The City expects to meet demands under all water year scenarios with groundwater, while promoting water conservations measures, and where feasible, develop projects and management actions to offset groundwater extractions above the City’s sustainable yield and protect the Merced subbasin. The City anticipates utilizing between approximately 2,680 MG to 4,451 MG of groundwater from the Merced subbasin, depending on the year type and population. It is anticipated that this range of supply volume will be available to meet the City’s demands.
Chapter 7 also includes the required Drought Risk Assessment (DRA), that analyzes supply reliability for period of 2021 to 2025. The DRA analyzes historical data to allow the City to view patterns and more reliably determine if there could be any water shortages within a given time frame. The DRA looks at historical consumption data by customer class, populated from billing records, and historical supply data by source from groundwater production reports. Future demand and supply estimates for the planning period are then analyzed to determine if there are any gaps between supply and demand. As mentioned above, the City does not anticipate a supply shortage.
Since the City sole source of water supply is currently obtained from the critical overdraft Merced subbasin, the City is committed to promoting water conservation measures to maintain the reliability of the groundwater basin.
City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
68 On May 5, 2015, the Livingston City Council adopted Resolution No. 2015-23 declaring a local drought emergency and adopting mandatory water conservation measures so that the water supply could be conserved for the greater public benefit. Per the requirements of the UWMPA, the City’s 2015 UWMP included a WSCP, which described the mandatory use restrictions that would be required to prepare for and respond to various levels of water shortages. On October 26, 2016, the City Council’s adopted Resolution No. 2016-55, which rescinded Resolution 2015-23 and replaced it with the WSCP contained in the 2015 UWMP. A copy of the Resolutions are included in Appendix I.
To meet the new requirements established by the DWR for this 2020 UWMP, this Chapter presents the City’s 2020 Water Shortage Contingency Plan (WSCP). The intention of the 2020 WSCP is to build upon the City’s 2015 WSCP, while implementing new elements mandated by Section 10635 of the CWC. A significant change from the 2015 WSCP to the 2020 WSCP is the expansion of the Water Conservation Stages from four stages to six stages, which is a requirement of the State.
8.3. Annual Water Supply and Demand Assessment Procedures CWC Section 10632(a)(2)
The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:
(A) The written decision-making process that an urban water supplier will use each year to determine its water supply reliability.
(B) The key data inputs and assessment methodology used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year, including all of the following:
(i) Current year unconstrained demand, considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable. (ii) Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier. (iii) Existing infrastructure capabilities and plausible constraints. (iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.
(v) A description and quantification of each source of water supply.
CWC Section 10632.1.
An urban water supplier shall conduct an annual water supply and demand assessment pursuant to subdivision (a) of Section 10632 and, on or before July 1 of each year, submit an annual water shortage assessment report to the department with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the supplier’s water shortage contingency plan. An urban water supplier that relies on imported water from the State Water Project or the Bureau of Reclamation shall submit its annual water supply and demand assessment within 14 days of receiving its final allocations, or by July 1 of each year, whichever is later.
City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
69 If the groundwater supply provided by the City’s municipal groundwater wells continues to meet the water demand of the City’s customers without supply shortages, there is no further action required.
However, if in any given year, if the typical customer demand appears to be great than available supply, the Public Works Director, or his or her designated representative, is authorized to implement the provisions of the WSCP upon the determination that water conservation measures are necessary to protect the public welfare and safety. The Public Works Director, or his or her designated representative, will evaluate several data sources, including but not limited to internal and external hydrologic data, as well as all customer consumption records. Per Title Nine, Chapter 5, Section 72 of the Livingston Municipal Code, water use restrictions will then be established through the adoption of a Resolution by City Council.
A water shortage emergency may be declared based on several conditions, including:
• An actual or potential local water supply restriction or emergency affecting the City’s water system.
• A formal water supply shortage notification by the Governor.
A water conservation stage will normally be implemented in a progressive manner; however, it may be necessary for the City to skip stages outlined in the WSCP in response to catastrophic supply reductions.
In general, conservation/use reduction stages will be set according to the anticipated reduction in available water supplies. The City may use one or more of the following measures to determine actual reductions in water consumption:
• Establish an average water use baseline.
• Review customer meter records on a more frequent basis. • Perform leak detections and repair on more frequent basis. • Perform meter checking and repair on more frequent basis. • Perform periodic water system audit.
8.3.1. Decision Making Process
In accordance with CWC 10632 the City will conduct an annual water supply and demand assessment, or annual assessment by July 1st of each year. The Annual Assessment team will consist of the Public Works Director and the City Engineer. This team will draft and prepare a written report that discusses the results of the Annual Water Supply and Demand Assessment (Annual Assessment). This Annual Assessment will be presented to the City Council annually during a regular City Council meeting that is held during the month of May each year. The final Annual Assessment will be provided to DWR no later than July 1 of each year.
The Annual Assessments will be instrumental in providing guidance to the City for decisions regarding potential declarations of a water supply shortage and implementation of water conservation stages, instituting mandatory water restrictions, promoting water use efficiency and conservation programs, water rates, and the necessity of pursuing alternative water supplies. This process will help ensure that adequate water supplies resources are available to the City.
8.3.2. Data and Methodologies
The key data inputs and methodologies which will be evaluated by the City during the preparation of the Annual Assessment will include the following:
City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
70 • Evaluation Criteria – The locally applicable evaluation criteria used to prepare the Annual Assessment will be identified. The evaluation criteria will include, but is not limited to, an analysis of current local hydrology (including rainfall and groundwater levels), current water demands, a review of water system improvement plans which may impact infrastructure availability, and water quality regulations which may impact groundwater availability. • Water Supply – A description of each available water supply source will be provided. The descriptions will include a quantification of each available water supply source and will be based on review of current production capacities, historical production, UWMPs, and prior water supply studies (including Water Supply Assessments and/or Master Plans). • Unconstrained Water Demand – The potential unconstrained water demands during the current year and the upcoming (potential single dry) year, prior to any special shortage response actions, will be reviewed. The review will include factors such as weather, existing and projected land uses and populations, actual customer consumption and water use factors, Urban Water Supplier Monthly Reports, and existing water shortage levels.
• Planned Water Use for Current Year Considering Dry Subsequent Year – The water supplies available to meet the demands during the current year and the upcoming (potential single dry) year will be considered and identified for each source of supply. The evaluation will include factors such as estimated water demands, weather, groundwater basin operating safe yields, water quality results, existing available pumping capacities, regulatory issues, use of emergency interconnections, and the costs associated with producing each water supply source. • Infrastructure Considerations – The capabilities of the water distribution system infrastructure to meet the water demands during the current year and the upcoming (potential single dry) year will be considered. Available production capacities and distribution system water losses will be reviewed. In addition, capital improvement and replacement projects, as well as potential projects which may increase water system and production capacities will be considered. • Other Factors – Additional local considerations, if any, which can affect the availability of water supplies will be described.
The City will begin to collect and evaluate the water supply availability in January of each year and will submit the Annual Assessment report to the DWR by July 1st of each year.
8.4. Six Standard Water Shortage Stages
CWC Section 10632(a)(3)
(A) Six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percent shortages and greater than 50 percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers’ water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use.
Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events. (B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage levels.
City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
71 In accordance with CWC Section 10632(a)(3) and the 2020 UWMP Guidebook, all urban water supplier’s WSCP must include at least six standard water shortage stages and cover a possible reduction in supply of more than 50 percent. The purpose of this new requirement of the CWC is to provide a consistent regional and statewide approach to measure water supply shortage conditions in the State.
The WSCP presented in this Chapter updates the City’s previous WSCP presented in Chapter 8 of the 2015 UWMP and adopted by Resolution No. 2016-55. The City’s 2015 WSCP included only five stages of mandatory water conservation measures. For this 2020 WSCP, each of the six water shortage stages represent an increasing gap between the City’s estimated water supplies and the unconstrained demand as determined in the Annual Assessment or the gap between supply and demand at any time due to an unforeseen event that interrupts water supplies. The six shortage stages correspond to 10, 20, 30, 40, 50 percent, and greater than 50 percent shortage compared to the normal reliability conditions.
As stated in CWC Section 10632(a)(3) and the 2020 UWMP Guidebook, an urban water supplier’s existing WSCP that uses different water shortage levels may comply with these six levels by developing a crossreference relating the existing categories to the six standard water shortage levels. Table 8-1 displays the City’s existing water conservation stages and their relationship to the six standard water shortage states prescribed by the CWC and the 2020 UWMP Guidebook.
Table 8-1 Cross Reference for Mandated State and Existing Livingston Water Shortage Levels Mandated State Standard Levels
Cross Walk
Livingston Corresponding Shortage Levels
Shortage
Level
Percent
Shortage Range
Newman
Shortage
Level
Percent Supply
Reduction
Shortage
Response Actions
1 Up to 10% 1 Between 0% & 10% Voluntary
2 Up to 20% 2 Between 10% & 20% Mandatory
3 Up to 30% 3 Between 20% & 30% Mandatory
4 Up to 40% 4 Between 30% & 40% Mandatory
5 Up to 50%
5 Between 40% & 50% Mandatory
6 >50%
8.5. Shortage Response Actions
CWC Section 10632 (a)(4)
Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:
(A) Locally appropriate supply augmentation actions.
(B) Locally appropriate demand reduction actions to adequately respond to shortages. (C) Locally appropriate operational changes.
(D) Additional, mandatory prohibitions against specific water use practices that are in addition to statemandated prohibitions and appropriate to the local conditions. (E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action
City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
72 In accordance with CWC Section 10632(a)(4), this section describes the response action that may be implemented or considered for each water shortage stage to minimize social and economic impacts to the community. The City expects to mitigate supply shortages through a variety of response actions including demand reduction actions, conservation, operational changes, outreach, and mandatory prohibitions.
This 2020 WSCP identifies various actions to be considered by the City during water shortage conditions.
In the event of a water shortage, the City will evaluate the cause of the shortage to help inform which response actions should be implemented. Depending on the nature of the water shortage, the City may elect to implement a combination of response actions to mitigate the shortage and reduce gaps between supply and demand. It should be noted that implementation of each stage is cumulative; meaning that implementation of a higher stage shall also include implementation of all previous stages. If necessary, the City may enact additional actions that are not listed in this WSCP. The stages determined by the percent water supply shortage are summarized in Table 8-2.
Table 8-2 Water Shortage Contingency Plan Levels (Submittal Table 8-1) Shortage
Level
Percent Shortage
Range
Severity Shortage Response Actions
1 Up to 10% Potential Shortage
Up to a 10% reduction in the City’s
water supply due to any
combinations of conditions.
2 Up to 20% Minor Shortage
Between a 10% and 20% reduction
in the City’s water supply due to
any combinations of conditions.
3 Up to 30% Moderate Shortage
Between a 20% and 30% reduction
in the City’s water supply due to
any combinations of conditions.
4 Up to 40% Severe Shortage
Between a 30% and 40% reduction
in the City’s water supply due to
any combinations of conditions.
5 Up to 50% Critical Shortage
Between a 40% and 50% reduction
in the City’s water supply due to
any combinations of conditions.
6 > 50% Extreme Emergency
Shortage
More than 50% reduction in the
City’s surface water supply due to
any combinations of conditions.
Depending on the stage of the water shortage, the City may implement a combination of demand reductions, operational changes, and mandatory restrictions. Demand reductions required for each stage are included in Table 8-3 below.
City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
73 Table 8-3 Water Usage Reduction by State
Shortage
Level
Mandatory or
Voluntary Percent
Demand Reduction
Severity
1 5% Potential Shortage
2 10% Minor Shortage
3 20% Moderate Shortage
4 30% Severe Shortage
5 50% Critical Shortage
6 60% Extreme Emergency Shortage
8.5.2. Demand Reductions
The narrative below describes the specific rationing measures associated with each WSCP stage reported in this 2020 WSCP. The specific rationing measures for the six stages are summarized in Table 8-4.
The City’s water customers will be required to comply with the applicable water conservation measures of the stage in effect. Mandatory conservation measures reported in the City’s 2015 WSCP were used a reference; however, the six states described below have been modified and updated to meet the new requirements of the CWC.
State 1 – Potential Shortage
Stage 1 will consist of mandatory water conservation measures that will be implemented during a potential water supply shortage. Stage 1 calls for a low level of informational outreach and enforcement of the City’s permanent water use ordinances. The City will direct water customers to limit the amount of water used on a year-round basis. During Stage 1, there is up to a 10 percent water supply shortage and a 5 percent or greater reduction in demand is suggested. The following conservation measures will be implemented by the City during this stage:
• Customers are prohibited from wasting City water. Water waste through inappropriate use, leaks or other wasteful use must be stopped within forty-eight (48) hours' notice by the City. o No excessive water flow or runoff onto pavement, sidewalks, gutters, or ditches from watering or irrigating landscapes or vegetation of any kind. • Outdoor irrigation of ornamental landscapes or turf or car washing with potable water is prohibited between the hours of 11am to 8pm, except for drip irrigation. • No outdoor irrigation is permitted within forty-eight (48) hours of a storm event. • The washing of vehicles, building exteriors, sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas without the use of a positive shut-off nozzle on the hose which results in excessive runoff is prohibited.
• The use of "slip-n-slides" and other recreational activities requiring a constant flow of water are prohibited.
State 2 – Minor Shortage
During Stage 2 of a water supply shortage, there is between a 10 to 20 percent water supply shortage and a 10 percent or greater mandatory reduction in water usage is required for the City to meet the immediate City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
74 needs of its customers. Water alert conditions are declared, the water shortage situation is explained to the public, and consumers are asked for a 10 percent or greater mandatory water use reduction. In addition to Stage 1 conservation measures, the City will implement the following conservation measures during State 2:
• Outdoor irrigation of ornamental landscapes or turf with potable water shall be limited to three (3) days per week in accordance with the following schedule with addresses ending in:
o Outdoor irrigation for even numbered addresses is permitted only on Tuesday, Thursday and Saturday.
o Outdoor irrigation for odd numbered addresses is permitted only on Wednesday, Friday and Sunday.
o No outdoor irrigation watering will take place on Monday. • Large commercial landscapes and City parks shall have individual watering schedules approved by the Public Works Department.
• No car washing is allowed on Mondays except for commercial car washes equipped with a recirculating system. Car washing (except commercial car washes) shall be done by using a handheld bucket or a hand-help hose equipped with a positive self-closing water shut-off nozzle.
State 3 – Moderate Shortage
During Stage 3, the water supply shortage is between 20 and 30 percent. The City aggressively continues its public information outreach and education programs. Consumers are asked for a 20 percent or greater mandatory water use reduction. All requirements of Stages 1 and 2 remain in effect. Additional requirements include the following:
• Outdoor irrigation of ornamental landscapes or turf with potable water shall be limited to two (2) days per week in accordance with the following schedule with addresses ending in:
o Outdoor irrigation for even numbered addresses is permitted only on Tuesday and Saturday.
o Outdoor irrigation for odd numbered addresses is permitted only on Wednesday and Sunday.
o No outdoor irrigation watering will take place on Monday, Thursday, and Friday. • Large commercial landscapes and City parks shall also be limited to two days per week, as scheduled by the Public Works Department.
• No car washing is allowed on Mondays, Thursdays and Fridays except for commercial car washes equipped with a recirculating system. Car washing (except commercial car washes) shall be done by using a hand-held bucket or a hand-help hose equipped with a positive self-closing water shutoff nozzle. • The application of potable water to driveways and sidewalks is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency.
• Restaurants shall serve water only upon customer request. • Hotels, motels, and lodges must offer guests the option of not having towels and linens laundered daily by displaying notices prominently in each guestroom.
City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
75 • The City will contact its highest water users to encourage use of water conservation methods. • The City will evaluate its water use for main flushing to see if reductions are possible.
State 4 – Severe Shortage
During Stage 4 of a water supply shortage, the shortage is between 30 and 40 percent and a 30 percent or greater reduction in water usage is required for the City to meet the immediate needs of its customers.
The City aggressively continues its public information outreach and education programs, and consumers are asked for a 30 percent or greater mandatory water use reduction. All requirements of Stages 1 through 3 remain in effect. Additional requirements include the following:
• Outdoor irrigation of ornamental landscapes or turf with potable water shall be limited to two one (1) day per week in accordance with the following schedule with addresses ending in:
o Outdoor irrigation for even numbered addresses is permitted only on Saturday. o Outdoor irrigation for odd numbered addresses is permitted only on Sunday. o No outdoor irrigation watering will take place on Monday through Friday. • Large commercial landscaping and City parks shall be limited to one (1) day per week, as scheduled by the Public Works Department.
• Filling newly constructed or drained swimming pools with City water shall be prohibited. • Construction water from City fire hydrants shall be banned but treated effluent water from the wastewater treatment plant may be made available for construction water purposes. • Further use of decorative fountains or reflection ponds shall be discontinued until further notice. • Washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment not occurring upon the immediate premises of commercial car washes and commercial service stations and not in immediate interest of the public health, safety, and welfare is prohibited. • Main flushing is only done on a sand, odor, or taste complaint basis or due to contamination and public health reasons
State 5 – Critical Shortage
During Stage 5, there is between a 40 to 50 percent water supply shortage and a 50 percent or greater reduction in water usage is required for the City to meet the immediate needs of its customers. The City aggressively continues its public information outreach and education programs, and consumers are asked for a 50 percent or greater mandatory water use reduction. All requirements of Stages 1 through 4 remain in effect. Additional requirements include the following:
• Immediately notify appropriate media outlets and post local road signage notifying the public of the current water use restrictions.
• All outdoor irrigation of ornamental landscapes or turf with potable water is prohibited. This includes multipurpose commercial landscapes and City parks and median strips. • Industry and commercial businesses are required to curtail consumption to maintain adequate supplies of water for health and safety.
• Use of water for dust control, earth compaction, and other outdoor construction activities is prohibited.
City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
76 • Fire hydrants shall be used only for emergency purposes. • If there is total well failure, disaster relief from outside the City of Livingston shall be required.
State 6 – Extreme Emergency Shortage
During Stage 6, the water supply shortage is over 50 percent and a 60 percent or greater reduction in water usage is required for the City to meet the immediate needs of its customers. The City aggressively continues its public information outreach and education programs and asks customers for a 60 percent or greater mandatory water use reduction. All requirements of Stages 1 through 5 remain in effect.
Additional requirements include the following:
• Commercial kitchens are required to use pre-rinse spray valves. • Potable water service will not be provided to new land development projects except under the following circumstances:
o A valid building permit has been issued for the project, or o The project is necessary to protect public health, safety, and welfare, or o The applicant provides evidence that the project will include conservation offsets prior to the provision of new water service.
• Additional restrictions may be implemented as determined by the Public Works Director, after notice to customers.
Table 8-4 summarizes the demand reduction actions that will be implemented during each stage of water conservation.
Table 8-4 Demand Reduction Actions (Submittal Table 8-2) Shortage
Level
Demand
Reduction
Actions
How much is this
going to reduce
the shortage gap?
Additional Explanation or
Reference
Penalty, Charge,
or Other
Enforcement?
1 Other - Customers
must repair leaks,
breaks, and
malfunctions in a
timely manner
10%
Water waste through
inappropriate use, leaks or
other wasteful use must be
stopped within forty-eight (48)
hours' notice by the City.
Yes
1 Landscape - Limit
landscape
irrigation to
specific times
10%
All outdoor irrigation or car
washing with potable water is
prohibited between the hours
of 11am to 8pm, except for drip
irrigation.
Yes
1 Landscape - Other
landscape
restriction or
prohibition
No outdoor irrigation is
permitted within forty-eight
(48) hours of a storm event.
Yes
City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
77 Table 8-4 Demand Reduction Actions (Submittal Table 8-2) Shortage
Level
Demand
Reduction
Actions
How much is this
going to reduce
the shortage gap?
Additional Explanation or
Reference
Penalty, Charge,
or Other
Enforcement?
1 Other - Require
automatic shut of
hoses
10%
Washing of vehicles, building
exteriors, sidewalks, driveways,
parking areas, tennis courts,
patios, or other paved areas
without the use of a positive
shut-off nozzle on the hose
which results in excessive
runoff is prohibited.
Yes
1 Other 10%
The use of "slip-n-slides" and
other recreational activities
requiring a constant flow of
water are prohibited.
Yes
2 Landscape - Limit
landscape
irrigation to
specific days
20%
Outdoor landscape watering
shall be limited to three times
per week on an odd-even basis. Yes
2 Landscape - Limit
landscape
irrigation to
specific days
20%
Large commercial landscapes
and City parks shall have
individual watering schedules
approved by the Public Works
Department.
Yes
2 Other - Prohibit
vehicle washing
except at facilities
using recycled or
recirculating
water
20%
No car washing is allowed on
Mondays except for
commercial car washes
equipped with a recirculating
system. Car washing (except
commercial car washes) shall
be done by using a hand-held
bucket or a hand-help hose
equipped with a positive selfclosing water shut-off nozzle.
Yes
3 Landscape - Limit
landscape
irrigation to
specific days
30%
Outdoor landscape watering
shall be limited to two times per
week.
Yes
3 Landscape - Limit
landscape 30% Large commercial landscapes and City parks shall also be Yes City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
78 Table 8-4 Demand Reduction Actions (Submittal Table 8-2) Shortage
Level
Demand
Reduction
Actions
How much is this
going to reduce
the shortage gap?
Additional Explanation or
Reference
Penalty, Charge,
or Other
Enforcement?
irrigation to
specific days
limited to two days per week, as
scheduled by the Public Works
Department.
3 Other - Prohibit
vehicle washing
except at facilities
using recycled or
recirculating
water
30%
No car washing is allowed on
Mondays, Thursdays and
Fridays except for commercial
car washes equipped with a
recirculating system. Car
washing (except commercial car
washes) shall be done by using
a hand-held bucket or a handhelp hose equipped with a
positive self-closing water shutoff nozzle.
Yes
3 Other - Prohibit
use of potable
water for washing
hard surfaces
30%
Application of potable water to
driveways and sidewalks is
prohibited, except where
necessary to address an
immediate health and safety
need or to comply with a term
or condition in a permit issued
by a state or federal agency.
Yes
3 CII - Restaurants
may only serve
water upon
request
30% Restaurants shall serve water
only upon customer request. Yes
3 CII - Lodging
establishment
must offer opt out
of linen service
30%
Hotels, motels, and lodges must
offer guests the option of not
having towels and linens
laundered daily by displaying
notices prominently in each
guestroom.
Yes
3 Reduce System
Water Loss 30%
The City will contact its highest
water users to encourage use of
water conservation methods.
Yes
City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
79 Table 8-4 Demand Reduction Actions (Submittal Table 8-2) Shortage
Level
Demand
Reduction
Actions
How much is this
going to reduce
the shortage gap?
Additional Explanation or
Reference
Penalty, Charge,
or Other
Enforcement?
3 Decrease Line
Flushing 30%
The City will evaluate its water
use for main flushing to see if
reductions are possible.
Yes
4 Landscape - Limit
landscape
irrigation to
specific days
40%
Outdoor landscape watering
shall be limited to one day per
week.
Yes
4 Landscape - Limit
landscape
irrigation to
specific days
40%
Large commercial landscaping
and City parks shall be limited to
one day per week, as scheduled
by the Public Works
Department.
Yes
4 Other water
feature or
swimming pool
restriction
40%
Filling newly constructed or
drained swimming pools with
City water shall be prohibited.
Yes
4 Other - Prohibit
use of potable
water for
construction and
dust control
40% Construction water from City
fire hydrants shall be banned. Yes
4 Water Features -
Restrict water use
for decorative
water features,
such as fountains
40%
Further use of decorative
fountains or reflection ponds
shall be disconnected until
further notice.
Yes
4 Other - Prohibit
vehicle washing
except at facilities
using recycled or
recirculating
water
40%
Washing of automobiles, trucks,
trailers, boats, airplanes and
other types of mobile
equipment not occurring upon
the immediate premises of
commercial car washes and
commercial service stations and
not in immediate interest of the
public health, safety, and
welfare is prohibited.
Yes
City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
80 Table 8-4 Demand Reduction Actions (Submittal Table 8-2) Shortage
Level
Demand
Reduction
Actions
How much is this
going to reduce
the shortage gap?
Additional Explanation or
Reference
Penalty, Charge,
or Other
Enforcement?
4 Decrease Line
Flushing 40%
Main flushing is only done on a
sand, odor, or taste complaint
basis or due to contamination
and public health reasons
Yes
5 Expand Public
Information
Campaign
50%
Immediately notify appropriate
media outlets, and post local
road signage notifying the
public of the current water use
restrictions.
Yes
5 Landscape -
Prohibit all
landscape
irrigation
50% All outdoor landscape watering
shall be prohibited. Yes
5 CII - Other CII
restriction or
prohibition
50%
Industry and commercial
businesses shall be required to
curtail consumption to maintain
adequate supplies of water for
health and safety.
Yes
5 Other - Prohibit
use of potable
water for
construction and
dust control
50%
Use of water for dust control,
earth compaction, and other
outdoor construction activities
is prohibited.
Yes
5 Other 50% Fire hydrants shall be used only
for emergency purposes.
Yes
6 CII - Commercial
kitchens required
to use pre-rinse
spray valves
>50%
Commercial kitchens are
required to use pre-rinse spray
valves.
Yes
6 Moratorium or
Net Zero Demand
Increase on New
Connections
>50%
Potable water service will not
be provided to new land
development projects
Yes
City of Livingston
2020 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
81 8.5.3. Supply Augmentation
Given the City’s sufficient groundwater supply, the City does not have any immediate plans to augment supply in response to shortages.
8.5.4. Operational Changes
During shortage conditions, operations may be affected by demand reduction responses. Operational changes to address a short-term water shortage may be implemented based on the severity of the reduction goal. The City will maximize its supply by implementing operational strategies and demand reduction measures.
As part of the Annual Assessment process, the City will consider their operational procedures at the time of a shortage to identify changes that can be implemented to address water shortage on a short-term basis, including but not limited to:
• Expansion of public information campaign to educate and inform customers of the water shortage emergency and required water savings.
• Decrease water main flushing to only on a compliant basis. • Review water metering devices for accuracy.
• Implement water waste patrols by recruiting staff from other departments, if necessary. • Implement or modify drought rate structure or surcharge or water emergency tiered pricing, pursuant to the requirements of Proposition 218 and in accordance with California Law. • Contact the highest water users to encourage use of water conservation methods. • Monitor construction meters and fire hydrant meters for efficient water use if a meter identified wastes water.
8.5.5. Emergency Response Plan
Water Code Section 10632(c) requires development of an Emergency Response Plan (ERP) documenting actions to be undertaken by a water supplier to prepare for and implement during a catastrophic interruption of water supplies. A catastrophic event that constitutes a proclamation of a water shortage would be any event, either natural or manmade, that causes a severe shortage of water. Water shortages may result from variations in weather, natural disasters, or unanticipated situations (i.e. systems failures, acts of terror).
The City has included emergency conditions as a triggering action for advancement to a subsequent shortage level. A catastrophic interruption could be considered an emergency condition. In 2013, the City implemented an Emergency Response Plan (ERP) for the water system, and the Plan was subsequently updated in 2000. The purpose of the ERP is to prepare for an interruption in the drinking water supply and potential consequences to water system’s integrity and public health. The ERP contains procedures for the distribution of potable water in a disaster and are consistent with guidelines prepared by the California State Office of Emergency Services. During the preparation of this 2020 UWMP, the City was in the process of preparing an update to their ERP.
8.5.6. Seismic Risk Assessment and Mitigation Plan
Section 10632.5.(a)
City of Livingston
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Section 8 – Water Shortage Contingency Plan
82 In addition to the requirements of paragraph (3) of subdivision (a) of Section 10632, beginning January 1, 2020, the plan shall include a seismic risk assessment and mitigation plan to assess the vulnerability of each of the various facilities of a water system and mitigate those vulnerabilities. (b) An urban water supplier shall update the seismic risk assessment and mitigation plan when updating its urban water management plan as required by Section 10621. (c) An urban water supplier may comply with this section by submitting, pursuant to Section 10644, a copy of the most recent adopted local hazard mitigation plan or multihazard mitigation plan under the federal Disaster Mitigation Act of 2000 (Public Law 106-390) if the local hazard mitigation plan or multihazard mitigation plan addresses seismic risk.
The City’s water system infrastructure, including the groundwater wells, pump stations, storage tanks, and pipelines, could be damaged during a strong earthquake. Although the City is not located within a highly active seismic zone, some facilities could be damaged as the result of an earthquake up to a magnitude of 6.0 on the Richter scale. The City has planned for this potential by constructing redundancy into its water system. The City’s use of groundwater as its primary water source creates redundancy to limit dependence of a geographic area on a single water supply source (i.e., areas are served by multiple groundwater wells). In the event of a regional power outage, the groundwater wells would be powered using emergency generators. The City maintains redundant power supplies for each of its well sites through the use of emergency power generators.
In the event of an earthquake, the City may experience a regional power outage and the water distribution system may suffer breaks at multiple locations. The City’s distribution system contains valves to isolate portions of the distribution system in the event of water main breaks. During declared emergency, or when a shortage declaration appears imminent, the Public Works Department and Utilities Division will implement emergency actions. Table 8-5 report the emergency actions that will be implemented during a water supply catastrophe.
Table 8-5 Emergency Actions from Emergency Response Plan Situation Steps to be Taken by City
Leak or Service Interruption
(Result of earthquake, etc.)
Isolate leak. Turn power or flow off, if necessary, to
control leak.
Repair or isolate break to allow service to the
maximum system population possible. Disinfect as per
attached AWWA Standards; increase system
disinfectant residual as precaution, until normal
service is resumed.
Do Bacteriological sampling until 3 good consecutive
samples are confirmed.
Reestablish normal service.
Low Pressure
(Result of earthquake, fire,
storm, etc.)
Increase production, if possible, to provide maximum
system output.
Increase disinfectant residual as precaution to
potential contamination.
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83 Power Outage
Generator will automatically go on line to provide
Increase disinfectant residual as precaution to
potential contamination.
8.5.7. Shortage Response Action Effectiveness
As previously stated throughout this UWMP, all of the City water supply sources and customer connections are metered. These meters record the amount of water consumed at each location. Customer consumption totals are tallied on a monthly basis for billing purposes. The City’s billing staff will inform the Public Works Director of any increase in water consumed or decrease in water supplies. The Public Works Director will then make recommendations to the City Manager and City Council on whether to change the water shortage stage and will provide supporting reports of consumption or supply as required.
Under normal water supply conditions, water supply and consumption figures are reported, at minimum, monthly. From this information, month-to-month and year-to-year statistics can be calculated to track water use and subsequent increases or reductions in consumption levels. This data allows the City to determine the effectiveness of the implemented shortage response actions. If reduction goals are not being met, the Public Works Director will make the necessary decisions for corrective actions to be taken.
During water shortages, savings are measured in comparison to what is considered to be normal year demand or in reference to a specific base year as may be dictated by Statewide requirements. Estimates of the effectiveness for actions has been included in Table 8-4. It is assumed that each water supply shortage addressed in each stage can be met by quantifiable measures and the remainder of shortage can be addressed by unquantifiable measures or operational changes. It is expected that response action effectiveness is also a result of successful communication and outreach efforts made by the City.
8.6. Communication Protocols
Section 10632 (a)(5)
Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:
(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.
(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1. (C) Any other relevant communications
Communications regarding water shortage and conservation efforts will be sent to individual customers and will be available through media and the City’s website. When conservation measures are needed, the City will create a bill insert with conservation information, post additional conservation information on its website and host informational sessions to inform the public of water shortage and conservation efforts.
The insert, online campaign, and informational sessions will focus on providing examples of ways consumers can reduce their water usage and optional programs they can take part in such as home reuse City of Livingston
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84 of greywater, maintenance of leaks, and high efficiency fixture installation. Additional information will be provided on water usage reduction and any water shortage surcharge that may be implemented.
When a water shortage stage is enacted or changed, a notice will be mailed to customers and posted on the City’s website. Additionally, a notice may be published in a newspaper of general circulation. The declaration of any stage beyond State 1 will be reported to the City Council at its next regular meeting.
Based on the severity of the shortage, the City may also advertise on the local radio, hang door tags, or send additional mail notifications to all its customers.
8.7. Compliance and Enforcement
CWC Section 10632 (a)(6)
For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2.
The Public Works Director authorized to implement water conservation measures and enact a water shortage stage. The Public Works Director is also authorized to make minor or limited exceptions to prevent undue hardships or unreasonable restrictions, provided that water shall not be wasted or used unreasonable and the purpose of the WSCP can be accomplished.
Per California Code of Regulations (CCR) Title 23, Section 864, the taking of any action prohibited in the City’s WSCP, is an infraction, punishable by a fine of up to five hundred dollars ($500.00) for each day in which the violation occurs. Consistent with Section 864, violators will be assessed fines, after an initial warning, in accordance with the following schedule:
• Warning for the first violation
• A $100 for the second violation
• A $200 for the third violation
• A $500 for the fourth violation and any other violation within a 12-month period.
8.8. Legal Authorities
CWC Section 10632 (a)(7)
(A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions. (B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1. [see below] (C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.
Water Code Section Division 1, Section 350
Declaration of water shortage emergency condition. The governing body of a distributor of a public water supply, whether publicly or privately owned and including a mutual water company, shall declare a water shortage emergency condition to prevail within the area served by such distributor whenever it City of Livingston
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85 finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the distributor to the extent that there would be insufficient water for human consumption, sanitation, and fire protection.
Implementation of the WSCP and the mandatory water conservation stages shall be determined by the Public Works Director. The Public Works Director is authorized to implement water conservation measures and enact a water shortage stage upon a determination that it is necessary to protect the public welfare and safety.
8.9. Financial Consequences of WSCP Activation
CWC Section 10632(a)(8)
A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:
(A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).
(B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4). (C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division
1. [retail urban suppliers only]
As previously stated, all of the City’s water service connections are metered; therefore, the City’s water fund operating revenue will be closely tied to water use and significantly impacted by the water conservation measures in the WSCP. With the implementation of the WSCP, expenditures may increase due to an increase in the water consumption reduction methods described in this Chapter and revenue from water bills may decrease due to the reduction in water use encouraged in the WSCP’s stages. To counteract the financial impact of conservation, the City institute an increase in the rate structure so that lower projected water consumption would generate added revenue needed by the City’s water fund.
Another option would be the use of reserve funds to minimize the need for additional rate increases. A full analysis of the water rates based on the financial conditions at the time water reduction would occur would be presented to the City Council for their approval. Additionally, the City may consider temporarily increasing water rates or delaying capital improvements until the shortage has ended.
8.10. Monitoring and Reporting
CWC Section 10632(a)(9)
For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.
In accordance with CWC Section 10632(a)(9), this section describes the reporting requirements and monitoring procedures required to implement the WSCP and track and evaluate the response actions effectives. As previously stated in Section 8.2, the City intends to track its groundwater production volumes and customer’s water demands on an annual basis, and if a supply shortage is projected, the City will implement the appropriate stage of their WSCP, as declared by the Public Works Director. Monitoring City of Livingston
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86 customer water demands will be essential to ensure that the WSCP’s response actions are adequately meeting reductions and decreasing the supply/demand gap. This will also help to analyze the effectiveness of the WSCP or identify the need to activate additional response actions or implement a subsequent stage.
Water savings associated with the implementation of the WSCP will be determined based on customer’s monthly water metered records which will be compared to meter records from prior months or the same period of the prior year. At first, the customer’s cumulative consumption records will be evaluated for reaching target demand reduction levels. If needed, individual customer accounts will be monitored.
Weather and other possible influences may be accounted for in the evaluation.
City staff will report the impact of demand reductions actions to the City Council and to the State, if required. The City will also update its customers as to the impact of the actions taken as part of their customer outreach program.
8.11. WSCP Refinement Procedures
CWC Section 10632 (a)(10)
Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed.
This WSCP is best prepared and implemented as an adaptive management plan. The City will use results obtained from their Annual Assessment and monitoring and reporting program described above to evaluate any needs for revisions. The WSCP is used to provide guidance to City staff, the City Council, and the public by identifying response actions to allow for efficient management of any water shortage with predictability and accountability.
To maintain a useful and efficient standard of practice in water shortage conditions, the requirements, criteria, and response actions need to be continually evaluated and improved upon to ensure that its shortage risk tolerance is adequate, and the shortage response actions are effective and up-to-date based on lessons learned from implementing the WSCP’s stages. Potential changes to the WSCP that would warrant an update include, but are not limited to, any changes to shortage level triggers, changes to the shortage level structure, and/or changes to the response actions. Any prospective changes to the WSCP would need to be presented at a regular City Council meeting, where City staff would obtain any comments from the public and the City Council. The City Council would then formally approve the updated WSCP through the adoption of a Resolution.
8.12. Special Water Feature Distinction
CWC Section 10632 (b)
For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.
CWC 10623 (b) now requires that suppliers analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, City of Livingston
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87 as defined in subdivision (a) of Section 115921 of the Health and Safety Code. Non-pool or non-spa water features may use or be able to use recycled water, whereas pools and spas must use potable water for health and safety considerations, so limitations to pools and spas may require different considerations compared to non-pool or non-spa water features.
For the purposes of the WSCP, water features are not categorized under defined terminology. Pools, spas, recreational ponds, decorative fountains, and the like will all be called out specifically during each stage that requires their decrease or fully terminated use.
8.13. Plan Adoption, Submittal, and Availability
CWC Section 10632 (c)
The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan.
The WSCP followed the same development process as the City’s 2020 UWMP. The WSCP shall be adopted, submitted, implemented, and amended alongside the City’s UWMP. The City had a public review period of the 2020 UWMP, which included the WSCP, from , 2022 to , 2022. The Final UWMP and WSCP were presented to the City Council for approval on , 2022 and were adopted. The Final 2020 UWMP and WSCP were submitted to the California Department of Water Resources on , 2022. The City will make the Final 2020 UWMP and WSCP publicly available through the City’s website no later than 30 days after it is adopted. The public will also be notified of any amendments to the WSCP which will be made public available once adopted.
City of Livingston
2020 Urban Water Management Plan
Section 9 – Demand Management Measures
88 CHAPTER 9 - DEMAND MANAGEMENT MEASURES
9.1. Introduction
Demand management measures (DMMs) are specific actions a water supplier takes to support its water conservation efforts. The goal of this Chapter is to provide a comprehensive description of the water conservation programs that the City has implemented, is currently implementing, and plans to implement in order to meet its urban water use reduction targets.
The section of the CWC addressing DMMs was significantly modified in 2014, based on recommendations from the Independent Technical Panel (ITP) to the legislature. The ITP was formed by DWR to provide information and recommendations to DWR and the Legislature on new demand management measures, technologies and approaches to water use efficiency. In its report to the Legislature, the ITP recommended that the UWMP Act should be amended to simplify, clarify, and update the DMM reporting requirements. The ITP recommended, and the legislature enacted, streamlining the retail agency requirements from 14 specific measures to six more general requirements plus an “other” category.
The City realizes the importance of DMMs to ensure a reliable future water supply. The City is committed to implementing water conservation programs to maximize sustainability in meeting future water needs for its customers. The following sections provide a description of the City’s DMMs.
9.2. Demand Management Measures for Retail Agencies
CWC Section 10631
(e)Provide a description of the supplier’s water demand management measures. This description shall include all of the following:
(1)(A) For an urban retail water supplier, as defined in Section 10608.12, a narrative description that addresses the nature and extent of each water demand management measure implemented over the past five years. The narrative shall describe the water demand management measure that the supplier plans to implement to achieve its water use targets pursuant to Section 10608.20. (B) The narrative pursuant to this paragraph shall include descriptions of the following water demand management measures:
(i) Water waste prevention ordinances.
(ii) Metering.
(iii) Conservation pricing.
(iv) Public education and outreach.
(v) Programs to assess and manage distribution system real loss. (vi) Water conservation program coordination and staffing support. (vii) Other demand management measures that have a significant impact on water use as measured in gallons per capita per day, including innovative measures, if implemented.
City of Livingston
2020 Urban Water Management Plan
Section 9 – Demand Management Measures
89 The UWMP Act requires a discussion of DMMs, including a description of each of the DMMs currently being implemented/scheduled for implementation, the schedule of implementation for all DMMs, and the methods, if any, the City will use to evaluate the effectiveness of DMMs.
9.2.1. Water Waste Prevention Ordinance
This DMM consists of adopting and enforcing a water waste ordinance that explicitly states that the waste of water is to be prohibited. On May 5, 2015, the City adopted Ordinance No 623 which established Title Nine (9), Chapter Five (5), Section 71 of the Livingston Municipal Code. The purpose of the Ordinance is to minimize water waste and reduce unnecessary consumption of the City’s potable water supply. Per the Ordinance, water waste through inappropriate use, leaks or other wasteful use must be stopped within forty-eight (48) hours' notice by the city. The Ordinance also states that the City Council can declare what is considered water waste via the adoption of a resolution.
Over the last decade, the City has expanded its public outreach and education on water conservation and has increased enforcement of water waste prohibitions within its service area. Water wasting within the City is prevented by prohibiting runoff from private sprinkler systems onto the City streets, establishing a 48-hour time frame limit to fix leaks or breaks, requiring the use of outdoor hoses with a shut off nozzle and prohibiting the use of "slip-n-slides" and other recreational activities requiring a constant flow of water.
9.2.2. Metering
CWC Section 526
(a) Notwithstanding any other provisions of law, an urban water supplier that, on or after January 1, 2004, receives water from the federal Central Valley Project under a water service contract or subcontract... shall do both of the following:
(1) On or before January 1, 2013, install water meters on all service connections to residential and nonagricultural commercial buildings... located within its service area.
Water Code Section 527
(a) An urban water supplier that is not subject to Section 526 shall do both the following:
(1) Install water meters on all municipal and industrial service connections located within its service area on or before January 1, 2025.
This DMM requires that water meters be installed for all new connections to allow billing by volume of use. This program also applies to retrofitting any existing unmetered connections. Title Nine (9), Chapter Five (5), Section 37 of the Livingston Municipal Code requires that all water delivered by the City to its customers be metered through water meters owned and maintained by the City. Section 9-5-37 of the Livingston Municipal Code goes on to state that the size, type, location and right to own and control all meters installed or used by consumers shall be determined by the Livingston Public Works Department.
As previously stated, all of the City’s water service connections are currently metered. According to the Certified Validation Report that was prepared for the 2019 Water Audit, approximatley 3 percent of the meter population consists of manual read meters, while the remaining 97 percent of the population consists of AMRs. The City estimates that all manuals read meters will be converted to AMRs by the end City of Livingston
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Section 9 – Demand Management Measures
90 of 2021. In addition to replacing manual read meters, the City is also focusing on replacing any AMR meter that is 25 years or older.
9.2.3. Conservation Pricing
All of the City’s water accounts that are charged for water service are metered, and the City encourages water conservation through its water rate structure. The Livingston City Council approve the current water rates on October 5, 2021, and the rates became effective on November 4, 2021. A copy of the rate structure is provided in Appendix K.
The City charges for water service based on the quantity of water consumed, which encourages water conservation. The City’s existing tiered rate structure consists of a (1) monthly fixed base charge based on the size of the customer’s meter, (2) a monthly fixed meter fee based on the size of the customer’s meter, and (3) and a charge based on the total volume water consumed by the customer during the billing period.
For example, a residential customer with a meter size of 1-inch or smaller currently pays a fixed base charge of $28.64 and a fixed meter fee of $3.30. Attached residential units are given a monthly water consumption allowance of 10,000 gallons. Any water consumption in excess of this allowance is then charged a rate of $1.67 per 1,000 gallons of water. The excess consumption amount is added to customer’s the monthly bill.
At this time, the City has not considered pursuing a water budget based on conservation pricing. A water budget-based pricing would become much more complex with various rates needed for various size single-family lots, multi-family parcels, different types of commercial businesses and industrial users.
9.2.4. Public Education and Outreach
The City distributes public information regarding water issues in mass mailings to all water service customers, through the City’s website, and directly to walk-in customers at City Hal. Also, when warranted, time-critical public information is dispersed through the local print media, radio station announcements, and public events.
Water use regulations and the annual Drinking Water Consumer Confidence Report (water quality report) are mailed each year to all customers. The City takes advantage of these mailings when necessary to provide its customers with additional information on water conservation and other demand management measures. Display cases and bulletin boards at City Hall augment the mailings by providing a permanent posting of the most current mailings.
Additionally, the City’s monthly water bill that is distributed to all water service customers is another vehicle used for public education purposes. The bill mailing also contains public service announcements that are used to remind citizens of conservation and demand management measures.
9.2.5. Programs to Assess and Manage Distribution System Real Loss The City recognizes distribution system leakage can be a primary type of loss. While it is essential to control losses, the initial step is to assemble a water audit to identify the nature and volumes of losses and financial impacts that these losses exert. A water audit is a process of reviewing water use throughout a water system in order to quantify the volume of water not accounted for by the metering system of the water customers, which is typically the difference between metered well production, in the case of the City of Livingston, and metered usage on a system-wide basis.
City of Livingston
2020 Urban Water Management Plan
Section 9 – Demand Management Measures
91 The Public Works Department surveys and repairs water pipelines on an as-needed basis or at the request of the customer. City staff also review the volume of groundwater produced versus the volume of water sold to customers monthly. This internal review assists the City in identifying problems, such as leaks and meter problems in the system.
9.2.6. Water Conservation Program Coordination and Staffing Support The City’s Public Works Director is the designated Water Conservation Coordinator. In addition, staff supports the coordinator and the water conservation activities of the City and its customers. The Water Conservation Coordinator’s responsibilities include:
• Coordination with internal departments and the community at large to promote the principles of responsible water resource stewardship.
• Monitoring the practice and application of DMMs.
• Supervising the activities of the Water Patrol (only if in place). • Planning and participating in community water conservation education projects.
The Water Conservation Coordinator has authorized use of City funds to support water conservation efforts. The water conservation activities are part of the full-time Public Works Director position, and the City does not track expenditures or time spent associated with water conservation activities separately within the budget for the position.
9.2.7. Other Demand Management Measures
9.2.7.1. Residential Plumbing Retrofit
This program benefits existing customers by reducing their water consumption while minimizing the impact of their lifestyle. State legislation requires the installation of efficient plumbing in new construction, and effective 1994 requires that only Ultra Low Flush Toilets be sold in California.
Several studies suggest that savings resulting from miscellaneous interior retrofit fixtures can range between 25 and 65 gallons per day per housing unit. The studies also suggest that installation of retrofit fixtures in older single-family homes tend to produce more savings, while newer multi-family homes tend to produce less savings per housing unit.
This program is not currently implemented in the City. However, the City will seek funding to offer customers new water savings devices such as faucet aerators, water-saving showerheads and toilet tanks.
9.2.7.2. High-Efficiency Washing Machine Rebate Program This program generally provides a financial incentive (rebate offer) to qualifying customers who install high efficiency washing machines in their home. Other regional municipalities that performed an economic analysis on this program concluded that it would have a low benefit-to-cost ratio. This program is not currently implemented in the City. However, the City will seek grant funding when available to offer rebate programs to customers.
9.3. Reporting Implementation
9.3.1. Implementation over the Past Five Years
CWC Section 10631
City of Livingston
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Section 9 – Demand Management Measures
92 (e) Provide a description of the supplier’s water demand management measures. This description shall include all of the following:
(1)(A) For an urban retail water supplier,…a narrative description that addresses the nature and extent of each water demand management measure implemented over the past five years.
The following is a description of the water conservation efforts that City has implemented over the last five years:
I. Ordinance
In 2015, the City adopted Ordinance No 623 which established Title Nine (9), Chapter Five (5), Section 71 of the Livingston Municipal Code. The purpose of the Ordinance is to minimize water waste and reduce unnecessary consumption of the City’s potable water supply. Per the Ordinance, water waste through inappropriate use, leaks or other wasteful use must be stopped within forty-eight (48) hours' notice by the city. The Ordinance also states that the City Council can declare what is considered water waste via the adoption of a resolution. The Ordinance is in place at all times and is not dependent of any stages of the City’s WSCP or restrictions when there is a water shortage.
II. Metering
As discussed in Section 9.2.2, all of the City’s water service connections are currently metered.
Approximatley 97 percent of the meter population consists of AMRs, while the remaining 3 percent consist of manual read meter. The City is currently in the process of replacing all remaining manual read meters with new AMR meters, and it is estimated that all manual read meters will be replaced by the end of 2021.
III. Conservation Pricing
As discussed in 9.2.3, the City has not considered pursuing a water budget based on conservation pricing. The tiered water rates have the same allocations for residential, commercial, and industrial. A water budget-based pricing would become much more complex with various rates needed for various size single-family lots, multi-family parcels, different types of commercial businesses and industrial users. Currently, the City’s rate structure includes a monthly fixed base charge based on the size of the customer’s meter, a monthly fixed meter fee based on the size of the customer’s meter, and a charge based on the total volume water consumed by the customer during the billing period (over the allowance of 10,000 gallons per month).
IV. Public Education and Outreach
The programs described above were either expanded or started in the last five years.
V. Water Distribution System Losses
The City’s Public Works Department surveys and repairs pipelines on an as-needed basis or at the request of the customer. customer. City staff also review the volume of groundwater produced versus the volume of water sold to customers monthly. This internal review assists the City in identifying problems, such as leaks and meter problems in the system.
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Section 9 – Demand Management Measures
93 VI. Water Conservation Program Coordination and Staffing Support The City has enlisted the assistance of all staff in any City department that is in the field for purposes of reporting running water or potential waste. These outside working staff are to report such observations to the Public Works Department.
9.3.2. Implementation to Achieve Water Use Targets
CWC Section 10631
(e)(1)(A) For an urban retail water supplier, as defined in Section 10608.12, a narrative description that addresses the nature and extent of each water demand management measure implemented over the past five years. The narrative shall describe the water demand management measure that the supplier plans to implement to achieve its water use targets pursuant to Section 10608.20.
Over the last decade, the City has valued and promoted conservation measures and will continue to do so in the future. As a result, the City water use is below target objectives set by the State. Despite meeting their 2020 Target, the City will continue to implement existing conservation programs and DMMS and explore additional programs to avoid substantial increases in demands.
9.4. Water Use Objectives (Future Requirements)
Within the next year, the City plans to begin working with the DWR to develop Water Use Objectives pursuant to AB 1668 and SB 606. Beginning in 2024, water agencies, including the City, are required to begin reporting compliance of their Water Use Objectives consisting of indoor residential water use, outdoor residential water use, commercial, industrial and institutional, irrigation with dedicated meters, water loss, and other unique local uses. The City plans to meet its Water Use Objectives through continued implementation of the water conservation measure and DMMs discussed in this 2020 UWMP.
City of Livingston
2020 Urban Water Management Plan
Chapter 10 – Plan Adoption, Submittal, and Implementation 94 CHAPTER 10 - PLAN ADOPTION, SUBMITTAL, AND
IMPLEMENTATION
10.1. Inclusion of all 2020 Data
This 2020 UWMP includes the water use and planning data for the entire calendar year 2020.
10.2. Notice of Public Hearing
Water suppliers must hold a public hearing prior to adopting the 2020 UWMP. The public hearing provides an opportunity for the public to provide input on the Plan before it is adopted. The Livingston City Council shall consider all public input before the 2020 UWMP is adopted.
10.2.1. Notice to Cities and Counties
CWC Section 10621
(b) Every urban water supplier required to prepare a plan shall…at least 60 days prior to the public hearing on the plan…notify any city or county within which the supplier provides waters supplies that the urban water supplier will be reviewing the plan and considering amendments or changes to the plan.
CWC Section 10642
…The urban water supplier shall provide notice of the time and place of a hearing to any city or county within which the supplier provides water supplies. Notices by a local public agency pursuant to this section shall be provided pursuant to Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code. A privately owned water supplier shall provide an equivalent notice within its service area…
The City of Livingston is the sole water supplier and water management agency for its service area. For this reason, the City did not participate in an area, regional, watershed, or basin wide UWMP. While preparing the 2020 UWMP, however, City coordinated its efforts with relevant agencies to ensure that the data and issues discussed in the UWMP are presented accurately.
The City provided formal written notification to the City of Atwater, City of Merced, County of Merced, Merced County Association of Governments, and Merced Irrigation District that City’s 2020 UWMP was being prepared. Copies of the Notification letters are included in Appendix B. Copies of the final UWMP will be provided to these agencies no later than 30 days after its submission to DWR.
10.2.1.1.60-Day Notification
As discussed in Section 2.5, the City coordinated the preparation of this 2020 UWMP with the City of Atwater, City of Merced, County of Merced, Merced County Association of Governments, and Merced Irrigation District. The City notified these agencies, at least sixty (60) days prior to the public hearing, invited them to review and provide comments on the draft 2020 UWMP and WSCP. A copy of the notification letters sent to these agencies is provided in Appendix K.
10.2.1.2. Notice of Public Hearing
Government Code Section 7291
City of Livingston
2020 Urban Water Management Plan
Chapter 10 – Plan Adoption, Submittal, and Implementation 95 …every local public agency… serving a substantial number of non-English-Speaking people, shall employ a sufficient number of qualified bilingual persons in public contact positions or as interpreters to assist those in such positions, to ensure provision of information and services in the language of the non-English-speaking person.”
The City published a notice of the public hearing in the City’s local newspaper, , on , 2022, and , 2022. A copy of the publication is provided in Appendix L.
10.2.1.3. Submittal Tables
Table 10-1 summarizes the cities and counties which were provided notifications by the City.
Table 10-1 Notification to Cities and Counties (Submittal Table 10-1) City Name 60 Day Notice Notice of Public
Hearing
City of Atwater Yes Yes
City of Merced Yes Yes
County Name 60 Day Notice Notice of Public
Hearing
Fresno Merced Yes Yes
10.2.2. Notice to Public
CWC Section 10642
…Prior to adopting either [the plan or water shortage contingency plan], the urban water supplier shall make both the plan and the water shortage contingency plan available for public inspection and shall hold a public hearing or hearings thereon. Prior to any of these hearings, notice of the time and place of the hearing shall be published within the jurisdiction of the publicly owned water supplier pursuant to Section 6066 of the Government Code [see below]. The urban water supplier shall provide notice of the time and place of a hearing to any city or county within which the supplier provides water supplies.
Government Code section 6066
Publication of notice pursuant to this section shall be once a week for two successive weeks. Two publications in a newspaper published once a week or oftener, with at least five days intervening between the respective publication dates not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day, including therein the first day.
The City encouraged the active involvement of the population within its service area prior to and during the preparation of the UWMP. Pursuant to Section 6066 of the Government Code, the City published a notice of public hearing in the local newspaper during the weeks , 2022, and , 2022. A notice of public hearing was also posted on the City’s website. A copy of the published notice is provided in Appendix L.
10.3. Public Hearing and Adoption
CWC Section 10642
City of Livingston
2020 Urban Water Management Plan
Chapter 10 – Plan Adoption, Submittal, and Implementation 96 …Prior to adopting either, the [plan or water shortage contingency plan], the urban water supplier shall make both the plan and the water shortage contingency plan available for public inspection and shall hold a public hearing or hearings thereon.
Water Code Section 10608.26
(a) In complying with this part, an urban retail water supplier shall conduct at least one public hearing to accomplish all of the following:
(1) Allow community input regarding the urban retail water supplier’s implementation plan for complying with this part.
(2) Consider the economic impacts of the urban retail water supplier’s implementation plan for complying with this part.
(3) Adopt a method, pursuant to subdivision (b) of Section 10608.20 for determining its urban water use target.
Pursuant to the requirements of the UWMPA, this section summarizes the adoption, submittal, and implementation of City’s 2020 UWMP.
10.3.1. Public Hearing
Prior to adopting the draft 2020 UMWP and the WSCP, the City held a public hearing on , 2022, which included input from the community regarding the City’s draft 2020 UWMP and WSCP.
10.3.2. Adoption
CWC Section 10642
…After the hearing or hearings, the plan or water shortage contingency plan shall be adopted as prepared or as modified after the hearing or hearings.
Following the public hearing, the City adopted both the draft 2020 UWMP and draft 2020 WSCP (included in Chapter 8 of the UWMP). A copy of the resolution adopting the 2020 UWMP and the 2020 WSCP is provided in Appendix M.
10.4. Plan Submittal
CWC Section 10621
(e) Each urban water supplier shall update and submit its 2020 plan to the department by July 1, 2021… Water Code Section 10644
(a)(1) An urban water supplier shall submit to the department, the California State Library, and any city or county within which the supplier provides water supplies a copy of its plan no later than 30 days after adoption.
Water Code Section 10635
(c) The urban water supplier shall provide that portion of its urban water management plan prepared pursuant to this article to any city or county within which it provides water supplies no later than 60 days after the submission of its urban water management plan.
City of Livingston
2020 Urban Water Management Plan
Chapter 10 – Plan Adoption, Submittal, and Implementation 97 The City’s submittal process for its 2020 UWMP is discussed below.
10.4.1. Submitting a UWMP and Water Shortage Contingency Plan to DWR The Livingston City Council adopted the 2020 UWMP on , 2022, and within 30 days of adoption, the City submitted the adopted 2020 UWMP (including the WSCP) to DWR. The 2020 UWMP was submitted through DWR’s “Water Use Efficiency (WUE) Data Portal” website.
The DWR developed a checklist which was used by the City to assist DWR with its determination that the City’s 2020 UWMP has addressed the requirements of the CWC. The City has completed the DWR checklist by indicating where the required CWC elements can be found within the City’s 2020 UWMP, and it is included in Appendix N.
10.4.2. Electronic Data Submittal
Section 10644 (a)(2)
The plan, or amendments to the plan, submitted to the department … shall be submitted electronically and shall include any standardized forms, tables, or displays specified by the department.
Within 30 days of adoption of the 2020 Plan, the City submitted all data tables associated with the 2020 UWMP through DWR’s “Water Use Efficiency Data Portal” website.
10.4.3. Submitting UWMP, including WSCP, to the Cities and Counties Within 30 days of adoption of the 2020 UWMP by the City Council, a copy (CD or hardcopy) of the 2020 UWMP was submitted to the State of California Library. A copy of the letter to the State Library will be maintained in the City’s file. The 2020 UWMP will be mailed to the following address if sent by regular mail:
California State Library
Government Publications Section
Attention: Coordinator, Urban Water Management Plans
P.O. Box 942837
Sacramento, CA 94237-0001
10.4.4. Submitting UWMP to the Cities and Counties
Within 30 days of adoption of the 2020 UWMP by the City Council, a copy of the 2020 was submitted to the Central California Irrigation District, Merced Irrigation District, City of Gustine, City of Patterson, City of Turlock, Stanislaus County, and Merced County.
10.5. Public Availability
CWC Section 10645
(a) Not later than 30 days after filing a copy of its plan with the department, the urban water supplier and the department shall make the plan available for public review during normal business hours. (b) Not later than 30 days after filing a copy of its water shortage contingency plan with the department, the urban water supplier and the department shall make the plan available for public review during normal business hours.
City of Livingston
2020 Urban Water Management Plan
Chapter 10 – Plan Adoption, Submittal, and Implementation 98 Within 30 days after submittal of the 2020 UWMP to the DWR, the City made the final 2020 UWMP (including the WSCP) available for public review at City Hall during normal business hours. In addition, a copy of the final 2020 UWMP will also be posted on the City’s website.