Livingston City Council
September 20, 2022

Information Expires 12/312022
.,
CNDDB Listing Status
Name (Scientific/Common) Ranks (Fed/State)
Athene cunlcularia G4 None
burrowing owl S3 None
Atripl8Jt cordulata var. cordulata G3T2 None
heartscale S2 None
Atrlplex depressa G2 None
brittlescale S2 None
Atrlpl8Jt mlnuscula G2 None
lesser saltscale S2 None
Atriplex persfstens G2 None
vernal pool smaHscale S2 None
Atrlpl8Jt subtflls G1 None
sublle oraehe S1 None
Bombus crotr:hii G2 None
Crotch bumble bee S1S2 None
Branchlnecta conservat/o G2 Endangered
Conseivancy fairy shrimp S2 None
Bn1nchlnecta long/antenna G1 Endangered
longhorn fairy shrimp S1S2 None
Branchlnecta lynch/ G3 Threatened
vernal pool fairy shrimp S3 None
Branch/necta mesova//ens/s G2 None
midvalley fairy shrimp S2S3 None
Buteoregalls G4 None
ferruginous hawk S354 None
Buteo swalnsonl GS None
Swainson's hawk S3 Threatened
Commercial Version - Dated June, 3 2022 - Biogeographic Data Branch Report Printed on Friday, June 17, 2022
Elev.

Range Total
Other Lists (ft.) EO's
8LM_S-Sensitive 150 2011
CDFW_SSC-Species 181 S:6
of Special Concern
IUCN_LC-Least
Concern
USFWS 8CC-Birds of
Conseivation Concern
Rare Plant Rank- 1B.2 95 66
BLM_ $-Sensitive 175 5:5
Rare Plant Rank- 18.2 95 60
175 S:2
Rare Plant Rank - 18.1 95 52
95 S:1
Rare Plant Rank- 1B.2 70 41
140 5 :9
Rare Plant Rank - 1 B.2 24
S:1
100 437
100 S :1
IUCN_EN-Endangered 75 53
95 S:4
IUCN_EN-Endangered 70 23
70 S:1
IUCN_ VU-Vulnerable 75 795
250 S:10
95 144
250 S:2
CDFW WL-watch List 175 107
IUCN_LC-Least 175 S:1
Concern
BLM S-Sensitive 70 2548
IUCN LC-least 195 S:16
Concern
Element 0cc. Ranks
A B C D X u
2 0 3 0 0 1
0 1 0 0 0 4
0 0 0 0 0 2
0 1 0 0 0 0
1 1 0 0 1 6
0 0 0 0 0 1
0 0 0 0 0 1
0 1 0 0 0 3
0 0 0 0 0 1
0 4 1 0 0 5
0 0 0 0 0 2
0 0 1 0 0 0
0 4 2 0 0 10
Population Status Prnence
Historic
> 20yr
0 5
2 1
8 1
1 2
0 4
1 0
3 Recent Poss.
<= 20yr Extant Extlrp. Extlrp.
6 6 0 0
0 5 0 0
0 2 0 0
0 1 0 0
1 8 1 0
0 1 0 0
0 1 0 0
2 4 0 0
1 1 0 0
6 10 0 0
1 2 0 0
1 1 0 0
13 16 0 0

Information Expires 12/312022
• '
-
Summary Table Report
California Department of Fish and Wildlife
California Natural Diversity Database
Elev. Element 0cc. Ranks
CNDDB Listing Status
Name (Scientific/Common► Ranks (Fed/State)
Ca/ycadenla hoover# G2 None
Hoover's calycadenia S2 None
Castilleja campestris var. succulenta G4?T2T3 Threatened succulent owl's-clover S2S3 Endangered
Charadrlus montanus G3 None
mountain plover S2S3 None
Desmocerus callfornlcus dlmorphus G3T2T3 Threatened
valley eldelberry longhorn beetle S3 None
Dlpodomys hewmannl dlxonl G4T2T3 None
Merced kangaroo rat S2S3 None
Emys mannorata G3G4 None
western pond turtle S3 None
Erynglum racemosum G1 None
Della button-celery S1 Endangered
Eumops perotls callfomlcus G4G5T4 None
western mastiff bat S3S4 None
Euphorbla hoover# G1 Threatened
Hoover's spurge S1 None
Extrlplexjoaquinana G2 None
San Joaquin spearscale S2 None
Commercial Version - Dated June, 3 2022 - Biogeographic Data Branch Report Printed on Friday, June 17, 2022
Other Lists
Rare Plant Rank- 1B.3
Rare Plant Rank - 1 B.2
BLM_S-Sensitive
CDFW_SSC-Species
of Special Concern
IUCN_NT-Near
Threatened
NABCL R\1111...-Red
Watch List
USFWS_BCC-Birds of
Conservation Concern
BLM $-Sensitive
CDFW_SSC-Species
of Special Concern
IUCN VU-Vulnerable
USFS-S-Sensitive
Rare Plant Rank - 1 B.1
BLM S-Sensitive
CDFW_SSC-Species
of Special Concern
WBWG_H-High
Priority
Rare Plant Rank - 1 B.2
Rare Plant Rank - 1 B.2
BLM s-sensitive
SB_CalBG/RSABGCalifornia/Rancho
Santa Ana Botanic
Garden
Range Total
(ft.) EO's A B C D X
200 37 0 0 0 0 1
200 S:1
175 99 0 0 0 2 0
185 S:3
250 90 0 0 0 0 0
250 S:1
80 271 0 0 0 1 1
110 S:4
120 21 0 0 0 0 0
120 S:1
139 1404 0 1 1 0 0
175
S:2
65 26 1 3 1 1 0
240 S:6
200 296 0 0 0 0 0
200 S:2
190 29 0 0 0 0 1
190 S:1
100 127 0 0 0 0 0
100 S:1
u
0 1
1 2
1 0
0 2
0 1
Population Status Presence
~ Historic
>20yr
1 3
0 4
1 0
6 2
1 1
Recent Poss,
<= 20yr Extant Extlrp. Extlrp.
0 0 1 0
0 3 0 0
1 1 0 0
0 3 1 0
0 1 0 0
2 2 0 0
0 6 0 0
0 2 0 0
0 0 1 0
0 1 0 0

Information Expires 121312022
~-9l!L'«
121 M~
CNDDB Listing Status
Name (Scientific/Common) Ranks (Fad/State)
Hal/Hatus leucocaphalus G5 Delistecl
bald eagle S3 Endangered
Lasiurvs blossevillii G4 None
westemredbat S3 None
Las/un,s clnereus G3G4 None
hoary bat $4 None
Lasthen/a chrysantha G2 None
alkali-sink goldfields S2 None
Lasthen/a glabrata ssp. cou/terl G4T2 None
Coulter's goldfiek:ls S2 None
Lepldlum latlpes var. heckllrdll G4T1 None
Heckard's pepper11rass S1 None
Lepldurus packardl G4 Endangered
vernal pool tadpole shrimp S3$4 None
Lfnderlella occldentalls G2G3 None
California linderiella S2S3 None
Lytta motesta G2 None
molestan blister beelle S2 None
Monarr/e/la leucocephala GX None
Merced monardella sx None
Commercial Version - Dated June, 3 2022 - Biogeographic Data Branch Report Printed on Friday, June 17, 2022
Elev.

Range
Other Lists (ft.)
BLM S-Sensitive 250
CDF-S-Sensitive
CDFW_FP-Fully 250
Protected
IUCN_LC-Least
Concem
USFS $-Sensitive
CDFW_SSC-Species 200
of Special Concern 200 IUCN LC-Least
Concern
1/VBWG_H-High
Priority
IUCN LC-Least 105
Concern 200 1/VBWG_M-Mecllum
Priority
Rare Plant Rank - 1 B.1 75
95 Rare Plant Rank - 1 B.1 30
BLM S-Sensitive
SB_CalBG/RSABG- 85
California/Rancho
Santa Ana Botanic
Garden
SB_SBBG-Santa
Barbara Botanic
Garden
Rare Plant Rank - 1 B.2 85
85 I UCN_EN-Endangered 75
200
IUCN NT-Near 70
Threatened 255
230
230
Rare Plant Rank - 1 A 115
115
Element 0cc. Ranks
Total
EO's A B C D X u
332 1 0 0 0 0 0
S:1
128 0 0 0 0 0 2
S:2
238 0 0 0 0 0 3
S:3
55 0 0 0 0 0 4
S:4
111 0 0 0 0 0 3
S:3
14 0 0 0 0 0 1
S:1
329 0 2 1 0 0 9
S:12
508 1 2 2 0 1 5
S:11
17 0 0 0 0 0 1
S:1
3 0 0 0 0 1 0
S:1
Population Status Presence
Historic
>20yr
1 2
3 3
2 1
5 7
1 1
Recant Poss.
<= 20yr Extant Extlrp. Extlrp.
0 1 0 0
0 2 0 0
0 3 0 0
1 4 0 0
1 3 0 0
0 1 0 0
7 12 0 0
4 10 1 0
0 1 0 0
0 0 0 1
Page4 of6
Information Explrn 12/312022
Summary Table Report
California Department of Fish and Wildlife
California Natural Diversity Database
CNDDB Listing Status
Name (Sclentfflc/Common} Ranks (Fad/State)
Mylopharodon conocephalus G3 None
hardhead S3 None
Myotls yumanensls GS None
Yuma myotis S4 None
Navarrerla prostrata G2 None
prostrate vernal pool navarretia S2 None
Naostapfla co/usana Gt Threatened
Colusa grass St Endangered
Northern Claypan Vernal Pool Gt None
NOfthern Claypan Vernal Pool S1.1 None
Northam Hardpan Vernal Pool G3 None
Northern Hardpan Vernal Pool S3.1 None
Oncorllynchus myklss lrldeus pop. 11 G5T2Q Threatened
steelhead • Central VaNey DPS S2 None
~uttla lnaequalls G1 Threatened
San Joaquin Valley Orcutt grass S1 Endangered
Orcutt/a pllosa G1 Endangered
hairy Orcutt grass S1 Endangered
Phrynosoma blalnvf/111 G3G4 None
coast horned lizard S354 None
Pucclnellia simplex G3 None
California alkali grass S2 None
Saglttarla sanforrli/ G3 None
Sanford's arrowhead S3 None
Commercial Version - Dated June. 3 2022 - Biogeographic Data Branch Report Printed on Friday, June 17, 2022
Elev.

Range Total
Other Lists (ft.) EO's
CDFW_SSC-Species 60 33
of Special Concern 175 S:5
USFS_S-Sensitive
BLM_S-Sensitive 2001 2651
IUCN_LC-Least S:2
Concern 200
WBWG LM-Low- • Medium-Priority
Rare Plant Rank - 1 B.2 651 611
90 S:3
Rare Plant Rank - t B. t 901 661
250 S:9
901
90 211
S:1
1601
276
1261
S:3
AFS_ TH-Threatened I 311
S:3
Rare Plant Rank - 1 B.1 1601 471
S:5 185
Rare Plant Rank - 1 B.1 1901 351
5B_CalBG/RSABG- S:2
California/Rancho 200
Santa Ana Botanic
Garden
BLM S-Sensitive I 951 7841
CDFW_SSC-Species S:1
of Special Concern 95
IUCN_LC-Least
Concern
Rare Plant Rank- 1B.2 1001 801
BLM_S-Sensitive S:1 100
Rare Plant Rank-1B.2 1501 143)
BLM_S-Sensitive S:1 150
Element 0cc. Ranks

A B C D X
0 0 0 0 0
ol ol ol ol ol
1 I 01 01 01 01
01 01 41 01 sl
01 01 t I 01 01
01 01 01 01 01
01 01 01 11 ol
01 01 01 01 SI
ol ol 11 01 1 I
DI 01 01 DI 01
01 01 01 01 1 I
ol 11 ol ol ol
u
5 21
21 01
DI
3J
21 01
ol
1 I
01 ol
Population Status Presence
~ Historic
>20yr
2 21
31 sl
11 31
ol
51 11
1 I
11 01
Recent Poss,
<= 20yr Extant Extlrp. Extlrp.
3 5 D D
ol 21 01 0
01 31 01 0
31 41 t I 4
01 1 I 01 0
ol 31 01 0
31 31 ol 0
DI 01 01 5
1 I 11 ol 1
ol 1 I ol 0
01 01 DI 1
1 I ti ol 0
Pages of6
lnfonnatlon Expires 12/312022
•
J
.

Summary Table Report
California Department of Fish and Wildlife
California Natural Diversity Database
Elev. ElementOcc.Ranks
CNDDB Listing Status
Name (Scientific/Common) Ranks (Fed/State)
Spea hammondll G2G3 None
westem spadefoot S3 None
Taxldeataxus GS None
American badger S3 None
Trlr:hocoronls wrl9htll var. wright/I G4T3 None
Wrighfs trichocoronis S1 None
Tur:torla greenel G1 Endangered
Greene's tudoria S1 Rare
Valley Sar:aton Grassland G1 None
Valley Sacaton Grassland S1.1 None
Vireo bell/I pu5lllus G5T2 Endangered
least Bell's vireo S2 Endangered
Vu/pes mar:rotls mutica G4T2 Endangered
San Joaquin kit fox S2 Threatened
Commercial Version - Dated June, 3 2022 - Biogeographic Data Branch Report Printed on Friday, June 17, 2022
Other lists
BLM_S-Sensitive
CDFW_SSC-Species
of Special Concem
IUCN_NT-Near
Threatened
CDFW_SSC-Species
of Special Concern
IUCN_LC-Least
Concern
Rare Plant Rank - 2B.1
Rare Plant Rank • 1 B.1
IUCN_NT-Near
Threatened
NABCI YWL-Yellow
Watch List
Range Total
(ft.) EO's A B C D X
75 1422 0 1 1 1 1
285 S:9
70 594 0 D 0 0 0
75 S:2
12 0 0 0 0 0
S:1
180 50 D 0 0 0 1
180 S:1
75 9 1 0 0 0 D
75 S:1
120 504 D 0 0 0 1
120 S:1
73 1020 0 0 0 1 0
160 S:3
u
5 2
1 0
0 0
2 ~ -
Populatlon Status Presence
Historic
>20yr
8 2
1 1
1 1
3 Recent Pou.
<= 20yr Extant Extlrp. Extlrp.
1 8 1 0
D 2 D D
0 1 0 0
0 0 0 1
0 1 0 0
0 0 1 0
0 3 0 0
Page6 of6
Information Expires 12/312022
Appendix C. CNPS plant list.

Biological Resource Evaluation
Livingston 1,2,3• TCP Removal Treatment Systems Project 54 Colibri Ecological Consulting, LLC
June 2022
Cl:':! es Bilrf elaol llt:DlQ[)'. iQ CALIFORNi,

NATIVE PLANT SOCIETY
Search Results
28 matches found, Click on scientlfic name for details
Search Criteria: 2:0\Wi include [3712036:3712035:3712045:3712046:3712056:3712055:3712037:3712047:3712057]

CA RARE
.t. SCIENTIFIC BLOOMING FED STATE GLOBAL STATE PLANT

NAME COMMON NAME FAMILY LIFEFORM PERIOD LIST LIST RANK RANK RANK &!!Pgalus tener alkali milk-vetch Fabaceae annual herb Mar-Jun None None G2T1 S1 1B.2 ~
~lex r:.Qldu/Qta heartscale Chenopodiaceae annual herb Apr-Oct None None G3T2 S2 1B.2 llil[ r;,ordu./Qta
~leK r:.'1filllata crownscale Chenopodiaceae annual herb Mar-Oct None None G4T3 S3 4.2 llil[, '2CQOQ[Q
Mciplu deptmD. brittlescale Chenopodlaceae annual herb Apr-Oct None None G2 S2 1B.2 ~lei(. minuscula lesser saltscale Chenopodiaceae annual herb May-Oct None None G2 S2 1 B.1 ~ peaistens vernal pool Chenopodiaceae annual herb Jun-Oct None None G2 S2 1B.2 smallscale
Afljp,fe/f. su.btJlis. subtle orache Chenopodlaeeae annual herb (Apr)Jun- None None G1 51 1B.2 Sep(Oct)
~ Hoover's Asteraceae annual herb Jul-Sep None None G2 S2 1B.3 ~ calycadenia
~Q succulent owl's- Orobanchaceae annual herb (Mar)Apr• FT CE G4?T2T3 S2S3 18.2 aimpestris llilt clover (hemiparasitic) May
succulenta
Ezy.ngiwD. Delta button- Apiaceae annuaVperennial herb {May)Jun• None CE Gl S1 1B.1 CQIJ:alQ.wal celery Oct
EllR.hQlbia hos,_veri Hoover's spurge Euphorb1aceae annual herb Jul-Sep(Oct) FT None G1 S1 1B.2 ~ San Joaquin Chenopodiaceae annual herb Apr-Oct None None G2 S2 1B.2 iflilflJJmilDJl spearscale
Eritillaria agrulis. stinkbells Liliaceae perennial bulbiferous Mar-Jun None None G3 S3 4.2 herb
/iQrrkum vernal barley Poaceae annual herb Mar-Jun None None G3G4 S3S4 3.2 iatercedens
~ alkali-sink Asteraceae annual herb Feb-Apr None None G2 S2 1 B.1 duyI_aatb.a goldfields
Lasthenia fmwH Ferris' goldfields Asteraceae annual herb Feb-May None None G3 S3 4.2 LastbeniQ g/JJJmllQ Coulter's Asteraceae annual herb Feb-Jun None None G4T2 S2 1B.1 ll~ gold fields
Le11.idwm latipes Heckard's Brassicaceae annual herb Mar-May None None G4T1 S1 1B.2 Yat hedaudii pepper·grass
~aa.ak.lla. Merced Lamiaceae annual herb May-Aug None None GX sx 1A /.euaiuphakJ. monardella
t:fuiSJJ.cu.s. minimu.s. little mousetail Ranunculaceae annual herb Mar-Jun None None GST2Q S2 3.1 1/2
:UµJ/~
NO'IJ1.C&.tiQ prostrate vernal
~ pool navarretia
~Rfia Colusa grass
~
OrcuttitJ inaequll&, San Joaquin
~~
&l"'1lellia iimRleK
Sagittalia saaftmiii
Trichocoronis
wnghtii.YM.
'Migtllii
Valley Orcutt
grass
hairy Orcutt grass
California alkali
grass
Sanford's
arrowhead
Wright's
tric:hocoronis
Po lemon iaceae
Poaceae
Poaceae
Poaceae
Poaceae
Alismataceae
Asteraceae
Ii.K12rul_g!ffim Greene's tuctoria Poaceae
Showing 1 to 28 of 28 entries
Suggested Citation:
annual herb
annual herb
annual herb
annual herb
annual herb
perennial rhizomatous
herb (emergent)
annual herb
annual herb
Apr-Jul
May-Aug
Apr-Sep
May-Sep
Mar-May
MayOct{Nov)
May-Sep
MayJul(Sep)
None None G2
FT CE G1
FT CE G1
FE CE G1
None None G3
None None G3
None None G4T3
FE CR G1
S2 182
Sl 18.l
51 18.1
S1 18.1
52 18,2
Sl 18.2
Sl 2B,1
S1 18,1
California Native Plant Society, Rare Plant Program. 2022. Rare Plant Inventory (online edition, v9-01 1.5), Website https://WWW.rareplants.cnps.org [accessed 17 June 2022].

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212
Appendix D. Recommended timing and methodology for Swainson's hawk nesting surveys in California's Central Valley
Biol01ical Resource Evaluation
Livingston 1,2,3-TCP Removal Treatment Systems Project
57 Calibri Ecological Consultin1, LLC
June 2022

RECOMMENDED TIMING AND METHODOLOGY

FOR SWAINSON'S HAWK NESTING SURVEYS

IN CALIFORNIA'S CENTRAL VALLEY
Swainson's Hawk Technical Advisory Committee
May 31, 2000
This set of smvey recommendations was developed by the Swainson's Hawk Technical Advisory Committee (TAC) to maximize the potential for locating nesting Swainson's hawks, and thus reducing the potential for nest failures as a result of project activities/disturbances. The combination of appropriate surveys, risk analysis, and monitoring has been determined to be very effective in reducing the potential for project-induced nest failures. As with most species, when the surveyor is in the right place at the right time, Swainson's hawks may be easy to observe; but some nest sites may be very difficult to locate, and even the most experienced surveyors have missed nests, nesting pairs, mis-identified a hawk in a nest, or believed incorrectly that a nest had failed. There is no substitute for specific Swainson's hawk survey experience and acquiring the correct search image.

METHODOLOGY
Surveys should be conducted in a manner that maximizes the potential to observe the adult Swainson's hawks, as well as the nest/chicks second. To meet the California Department of Fish and Game's (CDFG) recommendations for mitigation and protection of Swainson's hawks, surveys should be conducted for a ½ mile radius around all project activities, and if active nesting is identified within the ½ mile radius, consultation is required. In general, the TAC recommends this approach as well.

Minimum Equipment
Minimum survey equipment includes a high-quality pair of binoculars and a high quality spotting scope. Surveying even the smallest project area will take hours, and poor optics often result in eye-strain and difficulty distinguishing details in vegetation and subject birds. Other equipment includes good maps, GPS units, flagging, and notebooks.

Walking vs Driving
Driving ( car or boat) or "windshield surveys" are usually preferred to walking if an adequate roadway is available through or around the project site. While driving, the observer can typically approach much closer to a hawk without causing it to fly. Although it might appear that a flying bird is more visible, they often fly away from the observer using trees as screens; and it is difficult to determine from where a flying bird came. Walking surveys are useful in locating a nest after a nest territory is identified, or when driving is not an option.

Angle and Distance to the Tree
Surveying subject trees from multiple angles will greatly increase the observer's chance of detecting a nest or hawk, especially after trees are fully leafed and when surveying multiple trees in close proximity. When surveying from an access road, survey in both directions. Maintaining a distance of 50 meters to 200 meters from subject trees is optimal for observing perched and flying hawks without greatly reducing the chance of detecting a nest/young: Once a nesting territory is identified, a closer inspection may be required to locate the nest.

Speed
Travel at a speed that allows for a thorough inspection of a potential nest site. Survey speeds should not exceed 5 miles per hour to the greatest extent possible. If the surveyor must travel faster than 5 miles per hour, stop frequently to scan subject trees.

Visual and Aural Ques
Surveys will be focused on both observations and vocalizations. Observations of nests, perched adults, displaying adults, and chicks during the nesting season are all indicators of nesting Swainson's hawks. In addition, vocalizations are extremely helpful in locating nesting territories.

Vocal communication between. hawks is frequent during territorial displays; during courtship and mating; through the nesting period as mates notify each other that food is available or that a threat exists; and as older chicks and fledglings beg for food.

Distractions
Minimize distractions while surveying. Although two pairs of eyes may be better than one pair at times, conversation may limit focus. Radios should be off, not only are they distracting, they may cover a hawk's call.

Notes and Species Observed
Take thorough field notes. Detailed notes and maps of the location of observed Swainson's hawk nests are essential for filling gaps in the Natural Diversity Data Base; please report all observed nest sites. Also document the occurrence of nesting great homed owls, red-tailed hawks, redshouldered hawks and other potentially competitive species. These species will infrequently nest within 100 yards of each other, so the presence of one species will not necessarily exclude another.

TIMING
To meet the minimum level of protection for the species, surveys should be completed for at least the two survey periods immediately prior to a project's initiation. For example, if a project is scheduled to begin on June 20, you should complete 3 surveys in Period III and 3 surveys in Period V. However, it is always recommended that surveys be completed in Periods II, III and V.

Surveys should not be conducted in Period IV.

The survey periods are defined by the timing of migration, courtship, and nesting in a ''typical" year for the majority ofSwainson's hawks from San Joaquin County to Northern Yolo County.

Dates should be adjusted in consideration of early and late nesting seasons, and geographic differences (northern nesters tend to nest slightly later, etc). If you are not sure, contact a TAC member or CDFG biologist.

Survey dates Survey time Number of Surveys
Justification and search image
I. January-March 20 (recommended optional) All day I
Prior to Swainson's hawks returning, it may be helpful to survey the project site to determine potential nest locations. Most nests are easily observed from relatively long distances, giving the surveyor the opportunity to identify potential nest sites, as well as becoming familiar with the project area. It also gives the surveyor the opportunity to locate and map competing species nest sites such as great homed owls from February on, and red-tailed hawks from March on. After March 1, surveyors are likely to observe Swainson' s hawks staging in traditional nest territories.

II. March 20 to April 5 Sunrise to 1000 3
1600 to sunset
Most Central Valley Swainson's hawks return by April 1, and immediately begin occupying their traditional nest territories. For those few that do not return by April 1, there are often hawks ("floaters") that act as place-holders in traditional nest sites; they are birds that do not have mates, but temporarily attach themselves to traditional territories and/or one of the site's "owners." Floaters are usually displaced by the territories' owner(s) if the owner returns.

Most trees are leafless and are relatively transparent; it is easy to observe old nests, staging birds, and competing species. The hawks are usually in their territories during the survey hours, but typically soaring and foraging in the mid-day hours. Swainson's hawks may often be observed involved in territorial and courtship displays, and circling the nest territory. Potential nest sites identified by the observation of staging Swainson's hawks will usually be active territories during that season, although the pair may not successfully nest/reproduce that year.

III. April 5 to April 20 Sunrise to 1200
1630 to Sunset
3 Although trees are much less transparent at this time, 'activity at the nest site increases significantly. Both males and females are actively nest building, visiting their selected site frequently. Territorial and courtship displays are increased, as is copulation. The birds tend to vocalize often, and nest locations are most easily identified. This period may require a great deal of "sit and watch" surveying.

IV. April 21 to June JO Monitoring known nest sites only Initiating Surveys is not recommended
Nests are extremely difficult to locate this time of year, and even the most experienced surveyor will miss them, especially if the previous surveys have not been done. During this phase of nesting, the female Swainson's hawk is in brood position, very low in the nest, laying eggs, incubating, or protecting the newly hatched and vulnerable chicks; her head may or may not be visible. Nests are often well-hidden, built into heavily vegetated sections of trees or in clumps of mistletoe, making them all but invisible. Trees are usually not viewable from all angles, which may make nest observation impossible.

Following the male to the nest may be the only method to locate it, and the male will spend hours away from the nest foraging, soaring, and will generally avoid drawing attention to the nest site.

Even if the observer is fortunate enough to see a male returning with food for the female, if the female determines it is not safe she will not call the male in, and he will not approach the nest; this may happen if the observer, or others, are too close to the nest or if other threats, such as rival hawks, are apparent to the female or male.

V. June JO to July 30 (post-fledging) Sunrise to 1200 3 1600 to sunset
Young are active and visible, and relatively safe without parental protection. Both adults make numerous trips to the nest and are often soaring above, or perched near or on the nest tree. The location and construction of the nest may still limit visibility of the nest, young, 'and adults.

LEVEL
OF
RISK
HIGH
~ .
, I,
LOW

DETERMINING A PROJECT'S POTENTIAL

FOR IMPACTING SWAINSON'S HAWKS

REPRODUCTIVE SUCCESS LONGTERM NORMAL SITE
(Individuals) SURVIVABILITY CHARACTERISTICS
(Population) (Daily Average)
Direct physical contact with the Loss of available foraging Little human-created nest tree while the birds are on area. noise, little human use:
eggs or protecting young. nest is well away from
(Helicopters in close proximity) Loss of nest trees. dwellings, equipment yards, human access areas,
etc.

Do not include general
Loss of nest tree after nest Loss of potential nest trees. cultivation practices in building is begun prior to laying evaluation.
eggs.

Personnel within 50 yards of nest Cumulative:
tree (out of vehicles) for Multi-year, multi-site
extended periods while birds are projects with substantial on eggs or protecting young that noise/personnel disturbance. are < l 0 days old.

Initiating construction activities
(machinery and personnel) within
200 yards of the nest after eggs
are laid and before young are >
10 days old. Cumulative:

Single-season projects with
substantial noise/personnel
disturbance that is greater
than or significantly different
Heavy machinery only working from the daily norm.
within 50 yards of nest.

Substantial human-created
Initiating construction activities noise and occurrence: nest within 200 yards of nest before is near roadways, wellnest building begins or after used waterways, active young > l 0 days old. Cumulative: airstrips, areas that have Single-season projects with high human use.

All project activities (personnel activities that "blend" well Do not include general and machinery) greater than 200 with site's "normal' cultivation practices in yards from nest. activities. evaluation.

NEST
MONITORING
MORE
~
~r
LESS
Appendix B
Updated Cultural Resources Report
Cultural Resource Study for the
Updated TCP Treatment Project in the
City of Livingston, California
Gabriel Granado, Ward E. Stanley, Anna Hoover,
Cheyenne F. Good, and Amber Long
Prepared By
...

Applied EarthWorks, Inc.
1391 W. Shaw Ave., Suite C
Fresno, CA 937 11
Prepared For
Crawford & Bowen Planning, Inc.
113 N. Church Street, Suite 302
Visalia, CA 93291
July 2022
draft
USGS Cressey and Arena, CA, 7.5-quadrangles, Sec. 23-27, 33-36 of T 6S, Range 11 E

26.8-acre APE
Resources: P-24-000093 (Arena Canal)

MANAGEMENT SUMMARY
The City of Livingston (City) proposes updates and improvements to the original 1,2,3 TCP Removal Treatment System project (State Clearinghouse #2018091025) adopted by the City on October 16, 2018. The City proposes these changes and updates to the original 2018 project to increase the City's water system capacity and improve centralized treatment for trichloropropane (TCP). The current Updated TCP Treatment Project will include updates and improvements to existing wells, construction of centralized TCP treatments sites, and installation of new pipelines covering approximately 26.8-acres (Project) in the city of Livingston, Merced County, California. The proposed Project is funded by the California State Water Resources Control Board Clean Water State Revolving Fund, a joint federal-state program. The Project thus requires compliance with Section 106 of the National Historic Preservation Act, the California Environmental Quality Act, the Merced County 2030 General Plan, and other local policies and ordinances.

To meet state and federal standards, Applied Earth Works, Inc. (t'E) conducted a cultural resource study in 2018 for the original 1, 2, 3 TCP Removal Treatment System project (Baloian et al. 2018). Under contract to Crawford & Bowen Planning, Inc., .t'E conducted this second cultural resource study to determine if cultural resources are present within the current Area of Potential Effects (APE) of this Updated TCP Treatment Project.
.t'E's investigation included an updated records search from the Central California Information Center (CCAIC) of the California Historical Resources Information System (CHRIS) for the portions of the APE that were outside the original 2018 project boundaries. JE also requested a search of the Sacred Lands File maintained by the Native American Heritage Commission (NAHC) to identify sensitive resources that have tribal significance in the APE. These were supplemented by archival research that included a review of historical topographic maps and aerial images. Finally, qualified .t'E staff completed an archaeological and built environment pedestrian survey of the APE on Apri I 1, 2022.

The 2018 records search conducted by the CCAIC for the original 2018 project found seven previous cultural resource studies conducted within the APE, and 18 studies previously conducted within a 0.5-mile search radius of the APE. Four previously recorded historic-era resources are present within the APE, including a segment of the Arena Canal (P-24-000093).

There are 29 previously recorded historic-era resources within a 0.5-mile radius of the APE. The records search conducted by the CCAIC for the current Project revealed no cultural resource investigations have occurred within the APE or within the 0.5-mile search radius and only the Arena Canal has been previously recorded.

The Sacred Lands File search provided by the NAHC did not identify any recorded sensitive or sacred sites within the APE; however, the NAHC provided contact information for nine tribal representatives who may have relevant information . .t'E submitted letters via electronic mail and telephoned the contacts on the NAHC list. The Southern Sierra Miwuk Nation responded via email that the Project was outside their traditional use area. Additionally, JE spoke via telephone Cultural Resource Inventory for the Updated TCP Treatment Project ii with Chairperson Valentin Lopez from the Amah Mutsun Tribal Band, who stated that the Project is outside of their territory and had no further comments.

One segment of the Arena Canal (P-24-000093) is within the APE. The segment (53 feet long) lies east of Emerald Drive and north of Peach Avenue. IE updated the existing California Department of Parks and Recreation cultural resource record fonns to document the segment of the Arena Canal in the APE. JRP Historical Consulting Services (JRP) prepared a historic context and completed an evaluation of the resource's eligibility for inclusion in the National Register of Historic Places (NRHP) and the California Register of Historical Resources (CRHR) in 1993 (JRP Historical Consulting LLC 1993). JRP recommended that the Arena Canal is not eligible for inclusion in the NRHP or CRHR as a result of its lack of association with early agricultural settlement of the region or the historical development of the Merced Irrigation District. Based on review of previous documentation and examination of the segments of the canal within the Project APE, IE agrees with the previous evaluation by JRP that the Arena Canal is not eligible for the NRHP and CRHR due to a lack of significance. No other cultural resources (i.e., archaeological sites, features, isolates, historic-era buildings, structures, or objects) were identified during IE's pedestrian survey of the APE. iE 's original 2018 assessment of the project APE detennined there is a moderately low sensitivity for buried soils with archaeological resources within a "natural" context (i.e., undisturbed by modem agricultural practices). However, extensive earthworks in the APE over the last century relating to agriculture and the development of the City would likely have destroyed any stratigraphic deposits containing in situ archaeological resources. The 2018 study determined that the potential to encounter buried soils with extensive in situ cultural deposits within the APE is low and IE's current findings concur with this determination for the current APE as well (Baloian et al. 2018).

Provided that the APE does not change, no specific management measures are necessary for the Project. Consistent with state and federal statutes, IE recommends that in the event cultural resources are encountered during construction or ground-disturbing activities within any portion of the APE, all work in the vicinity of the find should be halted until a qualified archaeologist can identify the discovery and assess its significance. In addition, pursuant to California Health and Safety Code Section 7050.5 and Public Resource Code Section 5097 .98, if human remains are uncovered during construction, the Merced County Coroner is to be notified to arrange their proper treatment and disposition. If the archaeological context, age, cultural associations, or biological traits of the human remains are determined by the coroner to be those of a Native American, the coroner must notify the NAHC within 24 hours of discovery. The NAHC will then identify the Most Likely Descendent, who may recommend appropriate treatment of the remains.

A copy of this report will be transmitted to the CCAIC at California State University, Stanislaus, for inclusion in the CHRIS database. Field notes and photographs are on file at the IE office in Fresno, California.

Cultural Resource Inventory for the Updated TCP Treatment Project ijj

CONTENTS
1 INTRODUCTION .............................................................................................................. I I. l PROJECT DESCRIPTION ...................................................................................... !

1.2 PURPOSE OF THE INVESTIGATION ................................................................. 5

1.3 DEFINITION OF THE AREA OF POTENTIAL EFFECTS ................................ .5 1 .4 PROJECT HISTORY ~ ................................................... ►◄••••◄• •··· ........................ ,., . . ........... r •••••••• •••• 6 1 .5 PROJECT PERSONNEL ... ..................................................................................... .................... , .• "'.6 l .6 REPORT ORGANIZATION ................................................................................... 6

2.1 NATURAL ENVIRONMENT ................................................................................ 7

2.2 CUL ruRA,L SETTING .................. ~ .................... ........................ r••· ........................ ............ 8 2 .2.2 Ethnography ................................................................................................. 9

2.3 HISTORJC CONTEXT ......................................................................................... 10

2.3.1 Merced Irrigation District and Arena Canal .............................................. 11

3. t RECORDS SEARCH ............................................................................................ 13

3.2 ARCHIVAL. RESEARCH ..................................................................................... l3

3.3 NATIVE AMERICAN OUTREACH .................................................................... 13

3.4 ARCHAEOLOGICAL AND BUILT ENVIRONMENT FIELD
SURVEYS ............................................................................. ................................................................ 14

3.5 CULTURAL RESOURCE JDENTIFICATION ................................................... l4

4.1 RECORDS SEARCH ............................................................................................ 1 S

4.2 NA TJVE AMERlCA COMMUNICA T[ON ...................................................... 15 4 .. 3 ARCHl'V AL RESEARCH ................. u . ......................... . .. . . . ............................................ ............. . . 16

4.4 ARCHAEOLOGICAL SURVEY .......................................................................... 16

4.4. l Northern Area of Poteritial Effe~ts ............................................................ 17

4.4.2 Southern Area of Potential Effect.. ............................................................ 17

4.5 BlJ ILT E.NV'IRONMENT ..................................................................................... 22 SUMMARY AND MANAGEMENT RECOMMENDATIONS ................................. 27

5.1 STUDY SUMMAR Y ............................................................................................. 27 S .2 RECOMMENDA T[ONS .................................................. ..................................... 28 6 REFERENCES CITED ................................................................................................... 30

APPENDICES
A Personnel Qualifications
B Records Search Results
Cuftural Resource Inventory for the Updated TCP Treatment Project iv

APPENDICES (CONTINUED)
C Native American Outreach
D CA Department of Parks and Recreation Form

FIGURES
1-1 Project vicinity in Merced County, California ..................................................................... 2 1-2 Project areas on the USGS Cressey and Arena, CA 7.5-minute topographic quadrangle ...................................................................................................................... 3 1-3 Aerial view of the Project areas ........................................................................................... 4 4-1 Northern Area of Potential Effects and project elements .................................................. 18 4-2 Overview of proposed Well 18, at the northwest section of Davis Street and White Avenue, facing southwest. .......................................................................... 19 4-3 Overview of Well 8 survey area. Note chain link perimeter fence, concrete, and gravels obscuring the ground surface, facing northwest. ...................... 19 4-4 Overview of proposed location of Well 18, northwestern portion of the APE. Foster Farms facility in the background, facing northwest. ............................... 20 4-5 Southern Area of Potential Effects and project elements .................................................. 21 4-6 Open space east of the Arena Canal and south of Peach Avenue, facing south ............................................................................................................................. 22 4-7 Segment of Arena Canal within the current APE, facing south ........................................ 23 4-8 Arena Canal culvert under Peach A venue, facing north .................................................... 24 4-9 Dilapidated water gate feature with deteriorating concrete lining ..................................... 24 4-l O Red painted wheel topping dilapidated water gate feature ................................................ 25 4-l l View of T-bar and concrete cylinder behind the dilapidated water gate feature, facing south ..................................................................................................... 25 4-12 View of the farm gate on the east levee with evidence of cracking concrete lining along the bank, facing east. ............................................................................... 26 Cultural Resource Inventory for the Updated TCP Treatment Project V 1 INTRODUCTION
At the request of Crawford & Bowen Planning, Inc., Applied Earth Works, Inc. (fE) completed a cultural resource study in support of the Updated TCP Treatment Project (Project) is in the city of Livingston, Merced County, California (Figure 1-1 ). The City of Livingston (City) proposes updates and improvements to the original 1,2,3 TCP Removal Treatment System project (State Clearinghouse #2018091025) adopted by the City on October 16, 20 I 8. These changes and updates to the original 2018 project will increase the City's water system capacity and improve centralized treatment for trichloropropane (TCP), a chemical commonly associated with solvents and pesticides. The Project is within Sections 23-27, 33-36 of Township 6 South, Range 11 East as depicted on the U.S. Geological Survey (USGS) Cressey and Arena 7.5-minute topographic quadrangles (Figure 1-2).

1.1 PROJECT DESCRIPTION
The City is proposing additional improvements associated with the Updated TCP Treatment Project. The original project was adopted by the City with a Mitigated Negative Declaration and based on information provided by the City, additional improvements are being proposed that expand and update the original 2018 project components. Under the California Environmental Quality Act (CEQA), evaluation of these activities will require an addendum to the existing documents, of which this study will be a part.

The current proposed Project will include updates and improvements to existing wells, construction of centralized TCP treatment sites, and installation of new pipelines covering approximately 26.8-acres. Specifically, the updates include:
• An updated location and a new TCP treatment site for Well 19. • Installation of new Well 18.
• Expansion of Well 8 Centralized TCP treatment site.
• A new pipeline from Well 8 to the newly proposed Well 18 and existing Well 9 (approximately 0.5 miles).
• Closure and demolition of Well 10 and a new TCP treatment site in Arakelian Park. • A new pipeline from Well 12 to Well 17 and to the new TCP treatment site at Arakelian Park (approximately 1 mile long).

The improvements are in two separate areas of the City (Figure 1-3). Wells 8 and 19 centralized treatment sites, new Wells 18 and 19, and a new pipeline connecting Well 8 to 18 are north of Cultural Resource Inventory for the Updated TCP Treatment Project I
0 Scale: 1 :250,000
Castle
~ rport
ASTLE Alli
lff UAS£
n,esroi
Mc:SW.:1in Rd,,. ,.,.-
'?I
.,,.
,,..

Merce#'-
Munl
Mncre.i<t- Fld
0 c::.
-:z.
.. ··-·"
<
.. ~- I
.
- §om:19 Mush Rd '>- -' • • •• .9 "'
NatiOllal}J~hk:, Esri. Garmin. HERE IJN! P:'°WCMC,•USGS N~S~, ESAlfM/ff/, NRCAN, GE8CO W'oAA increment P Corp.
5 10
======:E:=3:==:E==C::============:::::J Miles
OS:::E:[1::::0,000E==:aa20:::a:.:C:000====30=,E000==:==:40=3:,000:::::::==50::::i,~·eet 0 5 10
E-3 F-3 F-3 I •<llometers
Figure 1-1 Project vicinity in Merced County, California.

Cultural Resource Inventory for the Updated TCP Treatment Project 2 0 Scale; 1 :24,000

0.5 0
c::J Area of Potential Effect (APE)
T 6S /R 11E, Section 23, 24, 25, 26, 27, 34, 35, 36
Cressey (1961•PR1987), CA 7,5' USGS Quadrangle
Arena (196C>-PR1987), CA 7,5' USGS Quadrangle
1 Miles
1,000 2,000 3.000 4.000 S.000
ec::ai=.ea::=:==:::::i;;;;;;;;;;;;;;;;;;;;;;i::===:::::E=== Feet O 0.5 1
EE-33::=:EE-3=3::::EE-3:3:========::::::ir Kllome~~
Figure 1-2 Project area on USGS Cressey and Arena 7.S-minute topographic quadrangles.

Cultural Resource Inventory for the Updated TCP Treatment Project 3 N Scale: 1 :16,000
$ 0 500 1,000 1.500 2..000
200 0 200 ~
Figure 1-3 Aerial view of the Project area.

Cultural Resource Inventory for the Updated TCP Treatment Project D Area of Potential Effect (APE) ,r..,•.,"--U
2,500
600

3.000
c::J Wells
c::J Arakelian Park
"v Pipelines
F"t
800
M1t1n1
4 State Route 99 in the northern portion of the City. This area is bounded between Main Street on the east, Campbell Boulevard on the south, and the Southern Pacific rail line on the southwest.

Various buildings associated with the Foster Farms facility are to the north and between the treatment facilities and wells associated with the Project. Wells 12 and 17, the new connector pipeline, and the proposed centralized treatment facility at Arakelian Park are south of State Route 99. Arakelian Park is at the northern extent of this area with the proposed pipeline running between the Arena Canal and Emerald Drive, connecting to Peach Avenue where it branches to the east and west to connect with the Wells 12 and 17, respectively.

1.2 PURPOSE OF THE INVESTIGATION
The original 2018 project obtained funding from the California State Water Resources Control Board Clean Water State Revolving Fund (CWSRF), a joint federal-state program. The CWSRF loan receives partial funding from the U.S. Environmental Protection Agency. Due to the federal nexus, it is therefore considered a "Federal undertaking" subject to the requirements of Section 106 of the National Historic Preservation Act (NHPA; 54 U.S. Code [USC] Section 306108) and its implementing regulations at Title 36, Code of Federal Regulations (CFR), Section 800. 1 (a).

Additionally, the City is the lead agency responsible for environmental review pursuant to the CEQA Guidelines; therefore, this report also meets the requirements of CEQA, including the Merced County 2030 General Plan, and other local policies and ordinances. The NHPA and CEQA essentially mandate that government agencies consider the effects of their actions on cultural resources.

For purposes of this report, a historic property or historical resource is defined as a prehistoric or historic-era archaeological site, building, structure, or object that is at least 50 years old, and that meets the criteria for listing in the National Register of Historic Places (NRHP) or the California Register of Historical Resources (CRHR). Cultural resources determined eligible for the NRHP are termed "historic properties" (36 CFR 800.16[1]); those eligible for the CRHR are called "historical resources" (Title 14, Chapter 3, Article 5, Section 15064.5 of the California Code of Regulations [14 CCR 15064.5]). Under both statutes, the determination of eligibility is based on a set of significance criteria (36 CFR 60.4; 14 CCR 15064.5).

1.3 DEFINITION OF THE AREA OF POTENTIAL EFFECTS
The Area of Potential Effects (APE) is defined as "the geographic area or areas within which an undertaking may directly or indirectly cause changes in the character or use of historic properties, if any such properties exist" (36 CFR Section 800. I 6[d]). The APE includes 10 separate locations throughout the city within urban and residential settings. A short segment of the Arena Canal bisects the southern portion of the APE, east of Emerald Drive and north of Peach Avenue. Moreover, the APE consists of both horizontal and vertical limits of proposed activities and encompasses all portions of the proposed areas of improvement, whether owned by the City, privately, or otherwise. The APE encompasses a total of 26.8 acres of proposed horizontal impacts throughout the city. Vertical impacts include the deepest excavation limits proposed for pipelines, footings, and other construction impacts.

Cultural Resource Inventory for the Updated TCP Treatment Project 5

1.4 PROJECT HISTORY
t'E prepared a cultural resources inventory for the City's original TCP Removal Treatment System project in 20 l 8 (Baloian et al. 2018). The project consisted of installing new pipeline between existing Wells 8, 9, 13, and 17 and the proposed centralized treatment site, new treatment trains to the existing TCP treatment system, and a new treated water storage tank and booster pump station at Well 8. The 2018 APE included approximately 17.72 acres. This project, which includes t'E's cultural resource inventory, was approved and adopted by the City in 2018.

Therefore, t'E prepared this report to document }E's cultural resource investigation for additional Project elements and APE that were added following the adoption of the original 2018 project.

This report does not replace the original study and findings documented in 2018.

1.5 PROJECT PERSONNEL
t'E Managing Principal Archaeologist Erin Enright (M.A. Registered Professional Archaeologist [RPA] 16575) served as principal investigator providing quality assurance and quality control for the Project. t'E Senior Archaeologist Anna Hoover (M.S., RP A 2857666 l) served as project manager and co-authored this report. t'E Associate Archaeologist Ward Stanley (B.A.) conducted the archaeological pedestrian survey and contributed to sections of the report. Staff Archaeologist Gabriel Granado (B.A.) also assisted with preparation of the report. t'E Staff Architectural Historian Cheyenne Good (B.A.) conducted the built environment pedestrian survey, performed archival research, prepared and updated the California Department of Parks and Recreation (DPR) forms, and co-authored this report. Senior Architectural Historian Amber Long (M.A.) provided technical review of the built environment sections of the report.

Qualifications of supervisory personnel are provided in Appendix A.

1.6 REPORT ORGANIZATION
This report was prepared in accordance with Archaeological Resource Management Reports:

Recommended Contents and Format, published by the California Office of Historic Preservation (1990). This document consists of seven chapters. Following this introduction, Chapter 2 describes the environmental and cultural context of the study area. Chapter 3 presents the methods used for archaeological and built environment research, Native American outreach, and pedestrian surveys, while Chapter 4 discusses the results of the records searches, research, and archaeological and built environment findings. Chapter 5 presents documentation of the historic Arena Canal. Finally, Chapter 6 contains a summary and provides recommendations. A complete listing of references cited is in Chapter 7. Appendix A contains resumes of Project personnel.

Appendix B presents results of the records search and Appendix C contains documentation of communication with the Native American Heritage Commission (NAHC) and local tribal representatives. Appendix D contains California DPR site record forms.

Field notes, maps, and a complete set of photographs from the current investigation are on file at }E's office in Fresno, California. A copy of the final version of this report will be submitted to the Central California Information Center (CCAIC) of the California Historical Resources Information System (CHRIS) housed at the University of California, Stanislaus.

Cultural Resource Inventory for the Updated TCP Treatment Project 6

2.1 NATURAL ENVIRONMENT
2 SETTING
The Project is within the northern San Joaquin Valley,just south of the Merced River. The San Joaquin Valley is the southern half of an elongated trough called the Great Valley, a 50-milewide lowland that extends approximately 500 miles south from the Cascade Range to the Tehachapi Mountains (Norris and Webb 1990:412). The San Joaquin Valley parallels the 400-mile stretch of the Sierra Nevada geomorphic province, which encompasses a 40- to I 00-mile-wide area ranging in elevation from 400 feet above mean sea level along the western boundary to more than 14,000 feet above mean sea level in the east (Norris and Webb 1990:63).

Between the Mesozoic and Cenozoic eras, the Great Valley served as a shallow marine embayment containing numerous lakes, primarily within the San Joaquin Valley (Norris and Webb 1990:412). As a result, the upper levels of the Great Valley floor are composed of alluvium and flood materials. Below these strata are layers of marine and nonmarine rocks, including claystone, sandstone, shale, basalt, andesite, and serpentine. Waters began to diminish about IO million years ago, eventually dwindling to the drainages, tributaries, and small lakes, many of which still exist today (Hill 1984:28). The extinct Lake Corcoran once extended over much of the northern San Joaquin Valley during the Pleistocene epoch. Buena Vista Lake, Kern Lake, and Tulare Lake are remnants of Lake Corcoran.

The San Joaquin River is the prominent hydro logic feature that drains the southern half of the Great Valley into San Francisco Bay. The tall steep peaks of the Sierra Nevada effectively block moisture moving eastward from the coast, resulting in a higher level of precipitation on the western slopes. Smaller east-west-trending rivers, like the Merced River just north of the Project area, drain the Sierra Nevada range before converging on the San Joaquin River. The Merced River and its smaller tributaries would have provided habitat for an abundance of food resources such as aquatic plants, fish, beaver, and other animals hunted prehistorically and historically. The annual rainfall for this area averages about 5-20 inches. Winters are cool and wet with average low temperatures between 40° and 50°F; snow is uncommon (Hill 1984:29). Summers are generally hot and dry, with temperatures often exceeding I00°F.

The city of Livingston lies 10 miles northeast of the Merced National Wildlife and San Luis National Wildlife Refuges. These refuges are characterized by riparian habitats, wetlands, grasslands, vernal pools, and croplands (U.S. Fish and Wildlife Service 2012). Various nesting waterbirds and raptors frequent this vast area. Mammals such as elk, deer, and rabbits feed on the perennial grasses such as wild rye and alkali sacaton (Sporobolus airoides). The refuges serve as an important migration channel for several species across this portion of the central Valley.

The development of agriculture within the Great Valley has resulted in the replacement of native plants and animals with domesticated species. Common native plants would have included white, blue, and live oak as well as walnut, cottonwood, salix, and tule, many of which still occur along Cultural Resource Inventory for the Updated TCP Treatment Project 7 the Merced River drainage north of the Project. The Project area specifically occupies the Lower Sonoran life zone, marked by prairie grassland communities that cover the plains and low rolling hillocks that border the Sierra Nevada. These grasslands are interspersed with narrow bands of riparian woodland that follow the valley stream corridors. The land in and around the Project area has been intensively farmed for many years and more recently been subject to urban development. No areas of original grassland remain within the Project.

2.2 CULTURAL SETTING

2.2.1 Prehistory
Archaeological studies in the San Joaquin Valley began in the early 1900s with a series of investigations primarily in the Stockton and Kem County areas (Gifford and Schenck 1926; Schenk and Dawson 1929). By the 1960s, archaeological investigations in the San Joaquin Valley intensified with the advent of cultural resource management work (Olsen and Payen 1968; 1969; Treganza 1960). Within Merced and Fresno counties, studies conducted for the construction of several reservoirs, including San Luis (Payen and Olsen 1969), Los Banos (Pritchard 1967, 1970), and Little Panache (Olsen and Payen 1968), revealed a series of four cultural complexes focused on the exploitation of the foothill-valley biotic zone. This sequence indicates that prehistoric occupation of the region extended from circa 300 B.C. to A.O. 1850, with a 500-year hiatus between circa A.O. I 000 and 1500. Based on these archaeological investigations conducted throughout the valley, the Yokuts occupied most of the San Joaquin Valley over a period extending as long as 2,000 years (Spier 1978; Wallace 1978a, 1978b).

Although no extensive archaeological investigations have occurred in the immediate study vicinity, several have been conducted for reservoir construction projects in the foothill region.

King (1968, 1969) and Morano ( 1968, 1969, 1970) excavated several sites near the Buchanan Reservoir (Eastman Lake) in the foothills about 20 miles northeast of Chowchilla and 65 miles from the APE. Morano ( 1972) synthesized the data into three phases: Chowchilla (300 B.C.- A.D. 300), Raymond (A.O. 300--1500), and Madera (A.O. 1500-1850). The excavations exhumed numerous burials from the Chowchilla Phase; the graves exhibited variability in the value of funerary objects, suggesting that the Chowchilla society was stratified and socially complex. The investigation additionally uncovered historical material indicating early contact with Euro-Americans had occurred.

Investigations at the New Melones Reservoir provided not only a basis for comparison with the cultural material of the Central Valley but a framework for researching temporal and spatial variability in patterns of prehistoric land use, environmental adaptations, and exchange systems in the Sierra Nevada. Moratto et al. ( I 984) synthesized regional research completed from I 948 through the early 1980s and incorporated data on more than 700 prehistoric sites spanning I 0,000 years of human occupation. The New Melones investigations defined eight cultural phases: the Clarks Flat Phase (7650-4500 B.C.), the Stanislaus Phase (4250 B.C.), the Texas Charley Phase (3500-2500 B.C.), the Calaveras Phase (2000 B.C.), the Sierra Phase (1000 B.C.- A. D. 500), the Redbud Phase (A.D. 500--1000), the Horse Shoe Bend Phase (A.O. 1300--1848) and the Peoria Basin Phase (A.O. 1848-1910). The archaeological evidence is supported with historic accounts of Miwok culture (Moratto et al. 1984; Moratto and Davis 1988).

Cultural Resource Inventory for the Updated TCP Treatment Project 8 In the early 1970s, excavations at the New Don Pedro Reservoir along the Tuolumne River to the northeast of the APE yielded two components, cumulatively spanning A.D. 300-1800 (Moratto 1971). The lower level corresponded to the late Holocene Crane Flat Complex (500 B.C.- A.D. 900), the earliest sequence in Bennyhoff s ( 1956) chronology for the Yosemite area, while the upper level was comparable to the Mariposa Complex (A.D. 1200-1500), the most recent sequence, which is related to the protohistoric Sierra Miwok.

2.2.2 Ethnography
The APE lies within the traditional land of the Yokuts; their language is one of eight subgroups of the Penutian linguistic phylum that is present across the western coast and inland regions of North America from Canada to Mexico ( Golla 2011 a: 138). The language group Yokuts has many subgroups and dialects. The APE is near the boundary of two main subgroups, the Delta Yokuts and Northern Valley Yokuts (Golla 201 Ia: 149). The geographic boundary between the groups is less than 2 miles north of the APE along the Merced River. It is possible that prehistoric groups occupying the area or its near vicinity would have been able to converse freely across dialects and may have shared a range of cultural traits. Other neighboring tribal groups included the Plains and Sierra Miwok to the north and northeast, the Mono to the east, various Valley Yokuts groups to the south, Salinan to the southwest, and Costanoan groups to the west (Golla 2011 a: 149).

The Northern Valley Yokuts inhabited the marshy regions of the upper half of the San Joaquin Valley, from a line midway between the Mokelumne and Calaveras rivers south to where the San Joaquin River turns north towards the Sacramento-San Joaquin Delta region (Wallace l 978b:462). Although the Northern Valley Yokuts tribes shared the same linguistic history and suite of cultural characteristics, they did not constitute a single political entity. Rather, they were a loose confederation of autonomous tribes. These tribes occupied the immediate regions along the San Joaquin River and its tributaries.

Golla (2011 b) identifies nine ethnohistoric Delta Yokuts tribe lets. Among these, and in closest proximity to the APE, was the Coconoon who lived along the Merced River. The Coconoon are also referred to as the Cucunun and Huocon (Golla 201 la; Wallace 1978b). Early Spanish explorers of the valley noted the presence of villages along the Merced River but did not record a tribal name. Wallace ( I 978b:466) suggests that the Coconoon, named at a later date, "may have been a composite group, made up of fragments of several tribes." During the mid-1800s the Coconoon were recorded as having three bands governed by a single chief whose name was Nuella (Johnston 1854).

The Merced River was critical to sustaining the lifeways of the Delta and Northern Valley Y okuts near the APE. The riparian plant communities and flow of freshwater provided humans with a source of constant food, building materials, and avenues of travel for small watercraft.

Yokuts homes were constructed oftule reeds, and villages were situated near major waterways and built on low mounds to prevent spring flooding (Cook 1960; Gifford and Schenck 1926: 132; Schenk and Dawson 1929:308; Wallace l 978b:465-466). Fish provided the major source of protein. Fall and spring spawning brought abundant supplies of salmon to the inhabitants along the San Joaquin and its tributaries (Baumhoff 1963: 174; Cook 1960) The Yokuts diet was supplemented by various species of fowl ( e.g., geese, ducks) that were attracted to the riverine Cultural Resource Inventory for the Updated TCP Treatment Project 9 environment. The Y okuts also relied on seasonally available acorns, which were harvested from groves of valley oak, processed using mortars and pestles, and then cooked as a gruel or bread.

Awls from animal bone allowed the Yokuts to create a broad range of baskets that facilitated food storage and transportation.

The seasonally predictable and rich diversity of plant and animal resources ultimately fostered greater sedentism than was observed among neighboring tribes at the time of European contact (Cook 1960). Ethnohistoric sources reveal that the tribes may have followed seasonal patterns of gathering and resource procurement, congregating during periods of plenty to exploit abundant concentrated resources and dispersing during leaner times to gather spatially diffuse plant products (Cook 1960:511, 264). The Northern Valley Yokuts enjoyed a particularly good relationship with the Costanoan, from whom they acquired mussel and abalone shells. Linguistic studies have identified shared words and phrases across Delta Yokuts, Miwok, and Costanoan tribes, which suggest that social and economic ties may have existed between these groups as well (Golla 201 la:154).

As with other Native American groups in California, the lifeways of the Northern Valley Yokuts were dramatically altered as a result of contact with early Spanish explorers and missionaries, miners, ranchers, and other European immigrants who entered the San Joaquin Valley after 1800.

The introduction of European culture and new diseases resulted in a drastic reduction in Yokuts population size. However, there are at least 25 fluent speakers of various Yokuts dialects alive today, including speakers of the Tule-Kaweah and Yawelmani (also known as Yowlumne) who mostly reside on the Tule River Reservation near Porterville, the Choynimni (also known as Choinumne) who live throughout the Kings River region, the Tachi who live at the Santa Rosa Rancheria near Lemoore, and Chuckchansi speakers who live near the Picayune and Table Mountain rancherias northeast of Fresno. Native Americans from these tribal groups have established language and culture schools and actively participate in master-apprentice language partnerships to ensure the continuity of their cultures and languages (Golla 2011 a: 154 ). Many communities are also active in the environmental review process and have robust cultural resource and environmental departments as well as designated Tribal Historic (Heritage) Preservation Offices.

2.3 HISTORIC CONTEXT
The first Europeans known to have ventured into the San Joaquin Valley were Spanish soldiers led by Pedro Fages, who entered the valley through Tejon Pass in 1772 (Wallace I 978a:459).

Other Europeans followed in 1806 when Lieutenant Gabriel Moraga led a group of Spanish explorers into the San Joaquin Valley to locate new lands for missions (Clough and Secrest 1984:25-27). It was on this expedition that Moraga gave the Merced River its official name (El Rio de Nuestra Senora de la Mercedes [River of Our Lady of Mercy]) when he and his troops reached its bank after a long hot trek through the valley.

The expansion of missions in California ceased by the early l 820s as a result of Mexico's independence from Spain (Clough and Secrest 1984:26) after which the Mexican government granted several large tracts of land (ranchos) to individuals during the 1830s and 1840s. The region remained sparsely populated, and the arid valley climate was not conducive to dry farming. Nevertheless, the establishment of the ranchos not only provided the legal basis for Cultural Resource Inventory for the Updated TCP Treatment Project 10 property rights for years to come but also marked the beginnings of the Central Valley's first industry--cattle ranching.

The discovery of gold in the Sierra Nevada and the accession of California to the Union were watershed events in the history of the state and County. During the late 1840s and early 1850s, prospectors from across the nation and around the world flocked to California to mine the precious ore. The first settlements in the County emerged in the foothill areas along the Merced River and included Snelling and Forelorn Hope, later renamed Hopeton (Merced County n.d.:4).

Established in 1855, Merced County was carved out of the northwest portion of Mariposa County. The first County seat was at the Turner and Osborn Ranch on Mariposa Creek but shortly thereafter moved to the Snelling Ranch, where a courthouse was constructed in 1857.

Except for fertile areas along the banks of the major waterways, the Central Valley remained largely undeveloped. To the speculators that came to the Sierra Nevada from San Francisco and other western ports, the valley probably represented little more than a dry stretch of land to be traversed before reaching the gold fields to the east. The momentum of the gold rush could not be sustained, and by the early 1850s most of the miners and the merchants who relied on their patronage began to look to other pursuits. With the coming of the railroad and the advent of intensive irrigation, the focus of the County shifted from the foothills to the valley.

Beginning in the 1870s, the County saw a change in its economic leadership. Cattle ranching, which boomed during the 1850s and 1860s with the influx of miners and homesteaders to the valley, gave way to agriculture, specifically wheat farming. Throughout the valley, wealthy real estate moguls were applying a similar formula, purchasing large tracts of land called "colonies" for subdivision and selling the parcels to be used for small and medium-sized farming operations. Critical to the marketing and success of these colonies was the development of a reliable water conveyance system that could transfonn dry soils into arable land. A network of canals soon spread across the valley floor.

Agricultural diversification in the valley began as early as the 1880s when a slump in the price of wheat induced many farmers to switch to citrus and vine crops. Asian and Italian immigrants accelerated this process with the introduction of then-exotic vegetables such as eggplant and asparagus as well as sweet potatoes and yams (Cabezut-Ortiz 1987:67).

2.3.1 Merced Irrigation District and Arena Canal
Located less than a mile north of the study area, the Livingston Canal was built in 1876 by the Farmers Canal Company (Merced Irrigation District 1997). In many instances, the interests of commercial real estate development and irrigation were one and the same. Landowner Charles Huffman acquired and expanded existing water conveyance concerns, including the Farmers Canal Company, through his Merced Canal and Irrigation Company. With financial assistance from Charles Crocker, Huffman consolidated his real estate holdings and the Merced Canal and Irrigation Company into the Crocker-Huffman Land and Water Company in 1888.

The Merced Irrigation District (MID) formed in 1919. Once the MID purchased the CrockerHuffman canal system and water rights, the MID became the leading irrigation district in the County and was providing irrigation for roughly 180,000 acres of farmland by 1920 (McSwain 1978). As a publicly owned company, the MID operated through the collection of taxes from Cultural Resource Inventory for the Updated TCP Treatment Project 11 landowners. Taxes were based on the crop type and acreage size. Ditch tenders were employed by the MID to maintain laterals and help reduce the frequency of conflicts between agricultural landowners. Plans for a darn began in 1921, and by 1927 the New Exchequer Dam was constructed on the Merced River with fully operational hydroelectric power facilities. Excess generated power was sold to the San Joaquin Power and Light Company, providing another source of income for the company.

Unfortunately for the MID, between the months of October and March, the reservoir would remain empty, thus stopping the sale of excess hydroelectric power. Additionally, hydroelectric revenues dropped during a drought between 1928 and 1932. The result was catastrophic for the MID, and by 1932 the district filed for bankruptcy. Through federal loans and Roosevelt's New Deal plan, the MID regained economic stability, and by 1936 the company was once again operational (Dice 2010). From 1935 to 1937, the MID gained access to funding through the New Deal' s Reconstruction Finance Corporation, which allowed MID to line canals and laterals throughout its system. Today, the MID continues to manage a 1,000-square-mile watershed and provide energy services to residents of Merced County.

The Arena Canal is approximately 8.5 miles long, a section of which runs through the southern APE. Sections of the canal were constructed circa 1916-1918 as a secondary canal. It was fed by the Livingston Canal and served to deliver irrigation water to land in the vicinity of the small community of Arena in Merced County. Sections of the Arena Canal north and south of Peach A venue are depicted on the USGS I 916 Cressey and the 1918 Arena topographic quadrangle maps (U.S. Geological Survey (USGS) 1916, 1918). The original canal was earthen and unlined.

The 1948 Cressey quadrangle shows an extension of the canal north of Peach Avenue connecting the north end to the south end. The canal was extended and lined with concrete sometime in the 1940s when the MID made extensive improvements to its systems and infrastructure (Hope 2000).

In the 1920s, the MID included about 180,000 acres. Between 1934 and 1976 the main agricultural commodities grown in the county that relied on the MID were sweet potatoes, grains, pasture, rice, nut trees, peaches, and grapes. These crops are still grown using MID water today (Dice 20 I 0).

Cultural Resource Inventory for the Updated TCP Treatment Project 12 3 METHODS
This chapter describes methods used to complete the cultural resource study for the current Project. This includes a records search to identify previous resources and studies within and adjacent to the APE, contact with Native Americans who may have knowledge about the area, and intensive archaeological and built environment pedestrian surveys.

3.1 RECORDS SEARCH
JE requested a records search from the CCAIC of the CHRIS at California State University, Stanislaus on April 19, 2018 for the original TCP Treatment project (Baloian et al. 2018) to identify previously recorded resources and prior surveys within a 0.5-mile search radius of that project's APE. Because the current undertaking is an expansion to the previous project and the original 2018 records search encompassed the majority of the current APE and surrounding

0.5-mile radius, IE requested a new records search from the CCIC on March 16, 2022 for only the portion of the APE, and surrounding 0.5 mile, that were not covered by the previous search.

CCAIC staff examined site records, files, maps, and other materials to identify previously recorded resources and prior surveys within the delineated area (Appendix B). Other sources consulted include the Historic Property Data File, NRHP, CRHR, listings of California Historical Landmarks, California Inventory of Historic Resources, and the California Points of Historical Interest.

3.2 ARCHIVAL RESEARCH
The purpose of archival research for this study was to acquire information regarding the potential for historical deposits and historic-era built environment resources to exist within the APE and to build a context to support and guide evaluations of cultural resource eligibility for listing in the CRHR and NRHP. IE staff reviewed:
• Aerial photographs available through the Map Aerial Locator Tool maintained by California State University, Fresno;
• USGS TopoView; and
• /E's in-house library, which includes maps and local histories.

The results of archival research, both on line and in person, were used in preparing the Project area setting (Chapter 2) and findings (Chapter 4).

3.3 NATIVE AMERICAN OUTREACH
IE contacted the NAHC to request a search of its Sacred Lands File to identify if there are any Native American resources in the Project area and obtain the names and contact information for Cultural Resource Inventory for the Updated TCP Treatment Project 13 individuals knowledgeable of such resources. The NAHC responded on April 6, 2022, with its findings and attached a list of Native American tribes and individuals culturally affiliated with the area. fE sent a letter summarizing the cultural resource investigation to each of the contacts identified by the NAHC. In the letter, IE sought input on known sacred areas within the APE and surrounding region. IE followed up with a telephone call to each Native American contact to confirm that the correspondence was received and to provide an opportunity for comment.

Native American outreach documentation is in Appendix C.

3.4 ARCHAEOLOGICAL AND BUILT ENVIRONMENT FIELD SURVEYS
IE Associate Archaeologist Ward Stanley and fE Staff Architectural Historian Cheyenne Good performed an intensive pedestrian survey of the APE on April I, 2022. Stanley and Good conducted an intensive survey of the APE using parallel and meandering transects spaced no more than 10-15 meters apart where possible. Areas covered in concrete and asphalt were subject to opportunistic survey, which involved surveyors examining all open and natural ground surface as they occurred within areas otherwise covered by pavement, concrete, or manicured landscaping.

IE collected locational information on the survey coverage methods with an Arrow EOS Global Positioning System (GPS) unit, photographed overviews of the APE documenting the ground visibility and other conditions, and recorded all observations on a Survey Field Record form. All field records and photographs are archived at }E's office in Fresno, California.

3.5 CULTURAL RESOURCE IDENTIFICATION
The Arena Canal (P-24-000093), the only resource identified in the original 2018 and the current APE, was documented on California DPR 523 series forms. IE prepared a Linear Feature Record (523E) and location map to document the segment of the canal within the APE. The canal was photographed and the location plotted using a GPS unit. IE surveyors walked the length of the canal segment within the APE to identify any canal features (i.e., turnouts, head gates, bridges, etc.) that may be present. The completed DPR forms are provided in Appendix D of this report.

JRP Historical Consulting Services (JRP) evaluated the historical significance of the entire canal in 1993 and recommended it not eligible for listing on the NRHP or CRHR (JRP Historical Consulting LLC 1993). The 1993 evaluation was completed more than 25 years ago and was focused on segments of the Arena Canal outside the current APE. Thus, IE reviewed JRP's previous evaluation and concurred with their findings.

Cultural Resource Inventory for the Updated TCP Treatment Project 14 4 FINDINGS
This chapter provides results of the CCAIC records search, the NAHC's search of the Sacred Lands File and Native American communication, and describes the pedestrian surveys, including observations of field conditions and cultural resources identified within the APE.

4.1 RECORDS SEARCH
The 2018 records search for the original TCP Treatment project revealed that there have been 7 previous cultural resource studies conducted within the APE, and 18 studies previously conducted in a 0.5-mile radius of the APE. Four previously recorded historic-era resources are present within the 2018 APE, including the Yamato Colony (P-24-000697), the Merced Irrigation District historic district (P-24-001909), a wood panel and stucco Bungalow-style house (P-24-000503), and the Arena Canal (P-24-000093). There are 29 previously recorded historicera resources within a 0.5-mile radius of the APE, including the 4 listed above within the APE.

No Native American or prehistoric resources have been recorded within the APE or the 0.5-mile radius.

On March 16, 2022, the CCAIC responded to /E's request with a letter detailing the results of the supplemental records search (Records Search File No. 121091). The record search revealed that no cultural resource investigations have occurred previously within the current APE or within the

0.5-mile search radius.

No formally recorded cultural resources were identified within the APE. However, two resources are within the 0.5-mile search radius, northwest of the APE. These resources are two historic buildings, Blaine Sheet Metal & Air Conditioning (P-24-000517), and the Sequoia Motel (P-24-000518). No Native American or prehistoric resources have been recorded within the current APE or the 0.5-mile radius.

4.2 NATIVE AMERICAN COMMUNICATION
The NAHC responded to /E's request on April 6, 2022. Their letter stated that the search of the Sacred Lands File did not indicate the presence of resources in the immediate APE. However, the NAHC cautioned that the absence of specific site information in their file does not indicate the absence of tribal cultural resources in the Project area. The NAHC also supplied a list of individuals to be contacted for information regarding locations of sacred or special sites of cultural and spiritual significance in the Project area, including:
• Chairperson Valentin Lopez of the Amah Mutsun Tribal Band; • Chairperson Katherine Perez of the North Valley Yokuts Tribe; • Chairperson Timothy Perez of the North Valley Yokuts Tribe; Cultural Resource Inventory for the Updated TCP Treatment Project ,s • Chairperson Sandra Chapman of the Southern Sierra Miwuk Nation; • Chairperson Robert Ledger Sr. of the Dumna Wo-Wah Tribal Government; • Chairperson Neil Peyron of the Tule River Indian Tribe; • Environmental Department Head Kerri Vera of the Tule River Indian Tribe; • Tribal Archaeologist Joey Garfield of the Tule River Indian Tribe; and • Chairperson Kenneth Woodrow of the Wuksache Indian Tribe/Eshom Valley Band. )E emailed letters to each of the contacts listed above on April I I, 2022. Two responses were received in response to )E's outreach efforts. A formal email was received from Tribal Monitor Coordinator Jazzmyn Gegere (Brochini) for the Southern Sierra Miwuk Nation. In her May 10, 2022 communication, she stated that the APE is outside their area of tribal expertise and they had no comments to provide. On June 23, 2022 JE telephoned the tribal contacts who had not responded to the email outreach. )E spoke with Chairperson Valentin Lopez from the Amah Mutsun Tribal Band, who stated that the Project is outside of their territory and had no further comments. A log detailing the outreach efforts and responses is provided in Appendix C.

4.3 ARCHIVAL RESEARCH
JE' s review of historical topographic maps and aerial photographs revealed moderate development in the area over the last I 00 years. The USGS 1916 Cressey topographic map depicts the early layout of the City, showing business and residential development north of State Route 99 and the Southern Pacific Railroad but very little to the south. The map shows water conveyance systems, such as the Livingston Canal and Wakefield Lateral, indicating a need for water for agricultural purposes. The 1948 edition of the map shows a growing agricultural community and city center on both sides of State Route 99 were extensively built out. These topographic maps depict the Arena Canal drawn in and unnamed on the 1916 map, which was based on a 1914 survey. Most of the southern APE is within newer parks and neighborhoods. An aerial photograph of the Project area taken in 1950 depicts this area as agricultural land.

4.4 ARCHAEOLOGICAL SURVEY
On April 1, 2022, )E Associate Archaeologist Ward Stanley conducted a pedestrian survey of the

26.8-acre APE for archaeological resources. Approximately 11.75 acres, or 44 percent of the total APE was in heavily developed roadways and neighborhoods that allowed little to no ground visibility. )E observed all exposed ground surfaces where possible. An additional 2.7 acres, or IO percent, of the APE was not surveyed because of lack of access either due to private property, fencing, or other obstructions. The remaining 12.35 acres, or 46 percent of the APE, offered moderate to excellent ground visibility and was intensively surveyed.

Where ground was visible, JE observed tan sandy loam sediments with angular gravels.

Vegetation observed was largely the result of urban landscaping, though seasonal grasses and weedy vegetation were present throughout. )E did not observe any cultural resources within the APE.

Cultural Resource Inventory for the Updated TCP Treatment Project 16

4.4.l Northern Area of Potential Effects
The northern portion of the APE lies within the western side of the City, north of State Route 99.

It extends from Well 9 on White Avenue, north to the planned Well 18 at the intersection of Davis Street and White Avenue, where it then extends northward up Livingston Cressey Road to the large reclamation field that houses existing Well 8 (Figure 4-1 ).

Most of this section of the APE is heavily urbanized, and the ground during the field survey was almost entirely covered by concrete, asphalt, or landscaping (Figure 4-2). Access to areas immediately surrounding both Wells 8 and 9 was restricted by a locked chain link fence perimeter (Figure 4-3). Observations from outside the fencing showed the areas around the pump infrastructures contained concrete pads and introduced gravels, further restricting ground visibility. The ground around Well 9 that was not fenced and around planned Well 18 was accessible and contained flat undeveloped land. Except for occasional overgrown patches of grass, the ground surface was exposed with an average of approximately 70 percent visibility.

A new Well 19 is planned for a large parcel of land in the western portion of the northern APE, north of State Route 99 and the railroad tracks (Figure 4-4). This parcel was flat and undeveloped, largely containing overgrown grasses and weeds. This grass and marshy conditions left from recent rains inhibited ground visibility and survey coverage in this area. Surface visibility was approximately 50 percent in this portion of the APE.

4.4.2 Southern Area of Potential Effect
The southern portion of the APE is also within the western portion of the city, south of State Route 88. It extends from Arakelian Park on the north then along Emerald Drive to Peach A venue. Well 17 is south of Peach A venue on Sun Valley A venue and Well 12 is east, on Main Street, adjacent to the Livingston Sports Complex (Figure 4-5).

The survey corridor between Wells 12 and 17 on the south and Arakelian Park on the north consist of paved roads and sidewalks through urbanized neighborhoods. Arakelian Park is landscaped and contains play and shade structures, a restroom building, a paved parking lot, and is a noted disc (frisbee) golf area. The Arena Canal is east of Emerald Drive and its banks are either earthen or graded with gravel, although the segment within the current APE contained entirely earthen banks (see Section 4.5).

Much like the northern portion of the APE, the southern area is within a developed neighborhood and natural ground surface visibility was low. However, the banks of the Arena Canal, an open space south of Peach A venue, and Arakelian Park allowed for better visibility and were surveyed intensely (Figure 4-6). The locations of Wells 12 and 17 were also fenced and inaccessible; however, observation from outside the fencing revealed no ground visibility due to concrete pads and introduced gravels. On average, visibility was approximately 70 percent and no cultural resources were observed.

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Figure 4-2 Overview of proposed Well 18, at the northwest section of Davis Street and White Avenue, facing southwest.

Figure 4-3 Overview ofWell 8 survey area. Note chain link perimeter fence, concrete, and gravels obscuring the ground surface, facing northwest.

Cultural Resource Inventory for the Updated TCP Treatment Project 19 Figure 4-4 Overview of proposed location of Well 18, northwestern portion of the APE. Foster Farms facility in the background, facing northwest.

Cultural Resource Inventory for the Updated TCP Treatment Project 20 100
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250 500 750 1.000 1,250 1,500 E3CJ=3:::::l======3:===:==:::E======!!:C::=:=:::::::::E==:==!3 Feet 0 100 200 300 400 E:==3:=============C::==================C::===:==::::J Meters Figure 4-5 Southern Area of Potential Effects and project elements.

Cultural Resource Inventory for the Updated TCP Treatment Project 21 Figure 4-6 Open space east of the Arena Canal and south of Peach Avenue, facing south.

4.5 BUILT ENVIRONMENT
IE Staff Architectural Historian Cheyenne Good conducted the built environment survey on April 1, 2022 and recorded a 53-foot-long segment of the approximately 8.5-mile-long Arena Canal (P-24-000093; Figure 4-7). The Arena Canal is a secondary canal, fed by the larger Livingston Canal, which is part of a network of secondary canals and laterals that provide water for irrigation to farms in the vicinity of Livingston (Hope 2000). Most of the Arena Canal was lined with concrete in the 1940s; however, many segments remain earthen and uncovered.

The northernmost point of the recorded segment is where the canal passes under Peach Avenue (Figure 4-8). The segment measures 18 feet wide at the top of the bank. The width of the bed could not be recorded because water was present within the canal. The height of each bank was measured from the top of the bank's edge to the top of the water's surface; the west bank is 6 feet high, and the east bank is 7 feet high. The west bank is 12.0 feet wide, and the east bank is 13 .5 feet wide.

There is a dilapidated water gate feature on the west bank, facing towards Peach A venue (Figure 4-9). The concrete lining surrounding the feature is deteriorating. The feature is topped with a red painted metal wheel with the words "OPEN" and "HYDRO" and the numbers "22446A" and "701160" (Figure 4-10). In the ground behind the feature, stands a tall, rusted T-bar and a hollow concrete cylinder (Figure 4-11 ). There is a farm gate supported by two wood posts crossing the width of the east levy. The canal bank beside the farm gate shows evidence of cracking concrete lining (Figure 4-12).

Cultural Resource Inventory for the Updated TCP Treatment Project 22 One additional built environment feature, Well I 0, was noted during the field survey of Arakelian Park. Although it is proposed to be removed, which is considered an impact under Section 106, it was not evaluated because it was built in 1985 (pers. comm. T. Avina, 2022) and did not meet the 50-year-old threshold to make it a historic-era resource.

JRP documented three segments of the Arena Canal and evaluated the historical significance of the entire resource in 1993 (JRP Historical Consulting LLC 1993). They recommended that the canal is not eligible for inclusion in the NRHP or CRHR. Andrew Hope with the California Department of Transportation concurred with the JRP evaluation of the Arena Canal in 2000 (Hope 2000). iE reviewed all documentation on the Arena Canal and concurs with the findings of ineligibility. Additional information on the Arena Canal is available in the original 2018 Livingston TCP Cultural Resource Inventory report (Baloian et al. 2018). For this effort, iE prepared an update to the existing California DPR cultural resource record form to document the approximate 53-foot segment of the Arena Canal in the APE (Appendix D). ,. ~-
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tFigure 4-7 Segment of Arena Canal within the current APE, facing south.

Cultural Resource Inventory for the Updated TCP Treatment Project 23 Figure 4-8 Arena Canal culvert under Peach Avenue, facing north.

Figure 4-9 Dilapidated water gate feature with deteriorating concrete lining.

Cultural Resource Inventory for the Updated TCP Treatment Project 24 Figure 4-10 Red painted wheel topping dilapidated water gate feature. --
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Figure 4-11 View ofT-bar and concrete cylinder behind the dilapidated water gate feature, facing south.

Cultural Resource Inventory for the Updated TCP Treatment Project 25 Figure 4-12 View of the farm gate on the east levee with evidence of cracking concrete lining along the bank, facing east.

Cultural Resource Inventory for the Updated TCP Treatment Project 26 5 SUMMARY AND MANAGEMENT RECOMMENDATIONS
The City of Livingston proposes to construct additional wells, treatment facilities, and install pipelines to address TCP contaminants within the city of Livingston, Merced County, California.

JE conducted a cultural resources inventory for the original 1,2,3 TCP Removal Treatment System project in 2018 (Baloian et al. 2018); however, since then, the City proposes additional updates including wells, treatment facilities, and pipelines. For the current Project, JE prepared this cultural resource study and built environment recordation of the 26.8-acre APE for compliance with Section 106 of the NHPA, as amended, and CEQA. This included conducting background research, obtaining a records search from the CCAIC, and a search of the NAHC's Sacred Lands File, outreach with local Native American representatives, intensive pedestrian field surveys of the APE, and background research and recordation of the Arena Canal.

5.1 STUDY SUMMARY
The 2018 records search conducted by the CCAIC for the original TCP Treatment project revealed that there have been 7 previous cultural resource studies conducted within the APE, and 18 studies previously conducted in a 0.5-mile search radius of the APE. Four previously recorded historic-era resources are present within the APE, including a segment of the Arena Canal. There are 29 previously recorded historic-era resources within a 0.5-mile radius of the APE, including those within the APE. The records search conducted by the CCAIC for the current Project revealed no cultural resource investigations have occurred within the additional APE portions or within the 0.5-mile search radius and only the Arena Canal has been previously recorded.

A search of the NAHC files revealed no previously recorded Native American resources within or near the APE. JE submitted letters electronically to those listed on the NAHC contact list. One response was received from the Southern Sierra Miwuk Nation indicating the APE was outside their traditional use area and they had no comments. JE followed up with phone calls to the remaining contacts. JE spoke with Chairperson Valentin Lopez from the Amah Mutsun Tribal Band, who stated that the Project is outside of their territory and had no further comments. A log detailing the outreach efforts and responses is provided in Appendix C.

During the archaeological survey, JE observed approximately 11 .75 acres of the APE was developed with roadways and neighborhoods that provided zero ground visibility. An additional

2. 7 acres of the APE was not surveyed due to lack of accessibility from restrictive fencing, private properties, or other factors. The remaining 12.35 acres of the APE was intensively surveyed. These areas varied between dense grass growth with low visibility or empty dirt lots that allowed complete visibility. As a result of the archaeological survey, no prehistoric or historic cultural resources were identified.

The built environment survey identified a portion of the Arena Canal (P-24-000093) west of Emerald Drive in the southern portion of the APE. In 1993, JRP documented three segments of the Arena Canal and evaluated the historical significance of the entire resource (JRP Historical Cultural Resource Inventory for the Updated TCP Treatment Project 27 Consulting LLC 1993). JRP recommended that the canal was not eligible for listing on the NRHP or CRHR and Andrew Hope with the California Department of Transportation concurred with the JRP evaluation of the Arena Canal in 2000 (Hope 2000). JE reviewed all documentation for the Arena Canal and concurs with the evaluation's findings. Additional information on the Arena Canal is available in the DPR forms in Appendix D and the 2018 Livingston TCP report (Baloian et al. 2018). For this effort, JE updated the existing California DPR cultural resource record form (Appendix D) to document the approximate 53-foot-long segment of the Arena Canal in the APE.

Finally, for the 2018 study, JE prepared a geoarchaeological assessment of the vertical APE for buried archaeological deposits. The assessment yielded information suggesting that there is a low potential to encounter buried cultural resources within the original APE. Although much of the floodplain and upper river terraces of the Merced River have a moderate to high potential to contain buried archaeological remains, the APE lies just outside the area of high sensitivity.

Although the APE contains young to modern soils, which typically have a moderate potential for buried resources, much of the "natural" vertical APE has been disturbed by extensive agricultural practices and urban development. The 2018 study determined that the potential to encounter buried soils with extensive in situ cultural deposits within the APE is low and }E concurs with this determination for the current APE as well.

5.2 RECOMMENDATIONS
/E's archaeological and built environment pedestrian surveys did not encounter any prehistoric or historic-era sites, artifacts, or features, that would suggest that the APE contains, or could contain, cultural resources that may be adversely impacted during ground-disturbing activities.

Although JE recommends no specific measures, general recommendations are provided below in the unlikely event that unanticipated cultural materials are discovered during ground-disturbing activities.

Inadvertent Discoveries
If cultural resources are encountered at any time during construction or ground-disturbing activities within the APE, all work in the vicinity of the find should be halted until a qualified archaeologist can be retained to assess the discovery. Such finds include, but are not limited to, archaeological grinding implements, stone tools, soapstone bowls, ornaments (e.g., beads, pendants), midden, or any intact archaeological resources as well as intact building foundations and high concentrations of historical artifacts, or other significant cultural resources. If the find(s) is a cultural resource that could be considered a historic property, the archaeologist shall make appropriate recommendations to the lead agency. The lead agency shall make the final determination as to treatment and disposition of the resource(s).

Human Remains
If human remains are uncovered, or in any other case when human remains are discovered during construction, the Merced County Coroner is to be notified to arrange their proper treatment and disposition. If the remains are identified as those of a Native American, California Health and Safety Code 7050.5 and Public Resources Code 5097.98 require that the coroner notify the Cultural Resource Inventory for the Updated TCP Treatment Project 28 NAHC within 24 hours of discovery. The NAHC will then identify the Most Likely Descendent who will provide recommendations to the landowner for treatment and sensitive management of the remains.

Cultural Resource Inventory for the Updated TCP Treatment Project 29 6 REFERENCES CITED
Baloian, Mary, Josh Tibbet, and Annie McCausland
2018 Cultural Resource Inventory for the Tep Treatment Project in the City of Livingston, Merced County, California. Applied Earth Works, Inc., Fresno, California. Prepared for Crawford & Bowen Planning, Inc., Visalia, California.

Baumhoff, Martin A.
1963 Ecological Determinants of Aboriginal California Populations. University of California Publications in American Archaeology and Ethnology Vol. 49(2): 155-236.

University of California Press, Berkeley.

Bennyhoff, James A.
1956 An Appraisal of the Archaeological Resources of Yosemite National Park. Reports of the University of California Archaeological Survey No. 34. Berkeley.

Cabezut-Ortiz, Delores J.
1987 Merced County: The Golden Harvest. Windsor Publications, Northridge, California.

Clough, Charles W., and William B. Secrest, Jr.
1984 Fresno County-the Pioneer Years: From the Beginnings to 1900, edited by Bobbye Sisk Temple. Panorama West Books, Fresno, California.

Cook, Sherburne F.
1960 Colonial Expeditions to the Interior of California: Central Valley, 1800-1820.

University of California Anthropological Records Vol. 16(6). University of California Press, Berkeley and Los Angeles.

Dice, Michael H.
20 IO Merced Irrigation District (P-24-001909) Primary Record; Building, Structure and Object Record; and District Record. Michael Brandman Associates, San Bernardino, California.

Gifford, Edward W ., and W. Egbert Schenck
I 926 Archaeology of the Southern San Joaquin Valley, California. University of California Publications in American Archaeology and Ethnology 23(1). University of California Press, Berkeley.

Golla, Victor
201 la California Indian Languages. University of California Press, Berkeley and Los Angeles.
2011 b Yokuts. In California Indian Languages, pp. 147-248. University of California Press, Berkeley and Los Angeles.

Cultural Resource Inventory for the Updated TCP Treatment Project 30 Hill, Mary
1984 California Landscape. California Natural History Guide Series No. 48. University of California Press, Berkeley, California.

Hope, Andrew
2000 P-24-000093 (Arena Canal) Primary Record/Building, Structure, and Object Record, Sacramento, California. On file, California Historical Resources Information System, Central California Information Center, Calfornia State University, Stanislaus.

Johnston, Adam
1854 Languages of California. In Historical and Statistical Information Respecting the History, Condition and Prospects of the Indian Tribes of the United States, Vol. 4, edited by Henry R. Schoolcraft, pp. 405-415. Lippincott, Philadelphia, Pennslyvania.

JRP Historical Consulting LLC
1993 Description, Canal Feature Inventory, and Evaluation of the Arena Canal (P-24- 000093). JRP Historical Consulting LLC, Davis, California. Prepared for Woodward Clyde Associates. On file, California Historical Resources Information System, Central California Information Center, California State University, Stanislaus.

King, Thomas F.
1968 The Archaeology of the Schwabacher Site, 4 Mad 117. San Francisco State College Occasional Papers in Anthropology 4(2):1 - 135.
1969 Three Little Settlements: Initial Investigation of Small Mariposa Complex Middens at Buchanan Reservoir. San Francisco State College Occasional Papers in Anthropology 5:32-81.

McSwain, Kenneth R.
1978 History of the Merced Irrigation District. Merced Irrigation District, Merced, California.

Merced County
n.d. History of Merced County, Merced, California.

Merced Irrigation District
1997 Mid . .. Briefly Speaking(July).

Moratto, Michael J.

I 968 A Survey of the Archaeological Resources of the Buchanan Reservoir Area, Madera County, California. San Francisco State College Occasional Papers in Anthropology 4:1-121.
1969 The Archaeology of the Jones Site, 4-Mad-159. San Francisco State College Occasional Papers in Anthropology 5:82-218.

Cufturaf Resource Inventory for the Updated TCP Treatment Project 31 1970 Buchanan Archaeological Project: Report of 1969 Excavations. Treganza Anthropology Museum Papers 7: 1-85. Department of Anthropology, San Francisco State College.
1971 A Study of Prehistory in the Tuolumne River Valley, California. In Archaeological Investigations at 4-TUO-300, Tuolumne County, California. Treganza Anthropology Museum Papers 9:78-111. Department of Anthropology, San Francisco State College.
1972 A Study of Prehistory in the Southern Sierra Nevada Foothills, California. Ph.D. dissertation, Department of Anthropology, University of Oregon, Eugene.

Moratto, Michael J., Marcus R. Arguelles, Susan K. Goldberg, Steven O'Brien, Lynn M. Riley, and William Singleton
1984 New Me/ones Archeological Project, California: Indian Sites 04-Ca/-S-286, 04 Cal S347, and 04-Cal-S- 461. Final Report of the New Melones Archeological Project, Vol. IV, Parts I, 2, and 3. INFOTEC Development Inc., Huntington Beach, California. Submitted to National Park Service, Washington, D.C.

Moratto, Michael J., and Owen K. Davis
1988 Paleoenvironment. In Culture Change in the Central Sierra Nevada, 8000 B. C.-A.D. 1950, edited by Michael J. Moratto, J. D. Tordoff, and L. H. Shoup, pp. 39-85.

INFOTEC Research, Inc., Sonora, California. Submitted to National Park Service, Washington, D.C., Contract No. CX-0001-1-0053.

Norris, Robert M., and Robert W. Webb
1990 Geologyo/California. 2nd ed. John Wiley & Sons, New York.

Office of Historic Preservation
1990 Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. California Department of Parks and Recreation, Sacramento.

Olsen, William H., and Louis A. Payen
1968 Archeology of the little Panache Reservoir, Fresno County, California. California Department of Parks and Recreation Archaeological Reports No. 11. Sacramento.

Payen, Louis A., and William H. Olsen
1969 Archaeological Investigations in Stampede Reservoir, Sierra County, California.

Prepared for the National Park Service.

Pritchard, William E.
1967 The Archaeology of Lower Los Banos Creek. Master's thesis, Department of Anthropology, California State University, Sacramento. Sacramento, California. 1970 Archeology of the Menjou/et Site, Merced County, California. California Department of Parks and Recreation Archeological Report #13. Sacramento.

Cultural Resource Inventory for the Updated TCP Treatment Project 32 Schenk, W. Egbert, and Elmer J. Dawson
1929 Archaeology of the Northern San Joaquin Valley. University of California Publications in American Archaeology and Ethnology Vol. 25(4). University of California Press, Berkeley.

Spier, Robert F. G.
1978 Foothill Yokuts. In California, edited by Robert F. Heizer, pp. 471-484. Handbook of North American Indians, Vol. 8, William C. Sturtevant, general editor. Smithsonian Institution, Washington, D.C.

Treganza, Adan E.
1960 Archaeological Investigations in the San Luis Reservoir Area, Merced County, California. Submitted to California Department of Parks and Recreation, Sacramento.

U.S. Fish and Wildlife Service
2012 About the Merced National Wildlife Refuge,
https://www.fws.gov/Refuge/Merced/about.html, accessed August 5, 2020. Merced National Wildlife Refuge, California.

U.S. Geological Survey (USGS)
1916 Cressey, California. 1:31,680. U.S. Departmentofthe Interior, Washington, D.C. 1918 Arena, California. I :31,680. Department of the Interior, Washington, D.C.

Wallace, William J.
1978a Northern Valley Yokuts. In California, edited by Robert F. Heizer, pp. 462-470.

Handbook of North American Indians, Vol. 8, William C. Sturtevant, general editor.

Smithsonian Institution, Washington, D.C.
1978b Southern Valley Yokuts. In California, edited by Robert F. Heizer, pp. 448-461.

Handbook of North American Indians, Vol. 8, William C. Sturtevant, general editor.

Smithsonian Institution, Washington, D.C.

Cultural Resource Inventory for the Updated TCP Treatment Project 33

APPENDIX A
Personnel Qualifications

£ Applied
EARTHWORKS Ir'(.

Areas of Expertise
• Cultural resource management
• Project management
• Archaeological field work/
Supervision
• GIS analysis and desktop site
assessments
• Fauna! analysis
• Prehistory and history of California
and the Southwest
Years of Experience
• 22
Education
M.A., Anthropology and Applied
Archaeology, Eastern New Mexico
University, Portales, 2008
B.A., Classical and Near Eastern
Archaeology, Bryn Mawr College,
Pennsylvania, 2000
Registrations/Certifications
• Register of Professional
Archaeologists 16575 (2009)
• OSHA 40-hour HAZWOPER
(2019)
Permits/licensure
• Principal Investigator, California
BLM Statewide Cultural
Resources Use Permit CA-21-21
Professional Affiliations
• Society for American Archaeology
• Society for California Archaeology

ERIN ENRIGHT
Vice President/Principal Archaeologist/Project Manager
Professional Experience
202 l- Vice President/Managing Principal/Principal
Archaeologist, Applied EarthWorks, [nc., San Luis
Obispo and Fresno, California
2019-2021 Managing Principal/Principal Archaeologist, Applied Earth Works, [nc., San Luis Obispo, California
2014-2018 Senior Archaeologist/Project Manager, Applied Earth Works, Inc., San Luis Obispo, California
2008-2014 Associate Archaeologist/Faunal Analyst, Applied Earth Works, Inc., Lompoc, California
2004-2008 Faunal Analyst/Student Supervisor/ Educational Outreach, Blackwater Draw Archaeological Site and
Museum, Eastern New Mexico University, Portales
2001-2004 Staff Archaeologist, Cultural Resource Management Services, Paso Robles, California
2000 Field Archaeologist, Princeton Expedition, Polis
Chrysochous, Cyprus
1999 Archaeological Field School, Anathica Field School, Petras, Crete, Greece
Technical Qualifications
Ms. Enright is an experienced professional archaeologist, principal investigator, project manager, and field supervisor/director who has managed projects throughout California and the Southwest. She has participated at all levels within the cultural resource management industry with projects ranging from survey and site recording; testing and data recovery; National Register eligibly excavations; buried site testing (backhoe trenching); development of monitoring plans; database creation and maintenance; curation management; GIS; technical report production; and compliance assistance for NHPA and CEQA projects.

Ms. Enright has developed close relationships with tribal groups and individuals throughout the Central Coast and Central Valley. She has played a critical role in providing consultation support between agencies and Native American groups for AB 52, CEQA, and Section 106.

Additionally, she has experience managing large on-call contracts and complicated cultural resource management efforts with complex regulatory requirements. Several of these efforts have been in support of energy projects. Ms. Enright has authored or co-authored more than 70 technical reports and other NHPA, NEPA, and CEQA compliance documents, and presented research at state and national archaeological meetings.

CUL TURAl. RESOURCE MANAGEMENT I ARCHAEOLOGY I ARCHITECTURAL HISTORY I PALEONTOLOGY I GIS £ Applied
EARTHWORKS ht<
Areas of Expertise
• Cultural Resources Management
• Prehistoric Archaeology of
Southern California
• Indigenous Archaeology and
Native American/Descendant
Community Coordination
• Federal, State, Local
Environmental Laws and
Regulations
• Traditional Cultural Property and
Landscape Analysis
Years of Experience
• 24
Education
M.S., Anthropology, focus
Archaeology, 2003, University of
California, Riverside
B.S., Anthropology, 2000,
University of California, Riverside
B.A., Linguistics, 2000, University
of California, Riverside
Registrations/Certifications
• Registered Professional
Archaeologist 2857666 l
• Cultural Consultant, Riverside
County #171
Permits/Licensure
• Field Director, California BLM
Statewide Cultural Resources Use
Permit CA-21-2 l
Professional Associations
• Society for California Archaeology
• Archaeological Institute of
America

ANNA HOOVER
Senior Archaeologist/Project Manager
Professional Experience
2020- Senior Archaeologist/Project Manager, Applied
Earth Works, Inc., San Luis Obispo and Fresno,
California.
2017-2021 Senior Ethnoarchaeologist, Cultural Geographies Consulting.
2007-2017 Deputy Tribal Historic Preservation Officer, Pechanga Band of Luiseiio Mission Indians.
2001-2015 Archaeological Assistant, San Bernardino County Coroner.
2002-2007 Senior Archaeologist, L&L Environmental, Inc.

Technical Qualifications
Ms. Hoover has more than 24 years of experience in archaeological, cultural, and tribal resource management in southern California, Alta and Baja California, and Yucatan, Mexico. Ms. Hoover has collaborated with governmental agencies, environmental consultants, and indigenous communities to develop sustainable and practical applications for the identification and preservation of archaeological and tribal cultural resources, including landscapes and large, geographical features. As a capable Project Manager, she has coordinated dozens of CRM projects during all phases of development, including managing logistics and communications with various clients, lead agencies, Tribal communities, and project staff.

Ms. Hoover has authored, co-authored, reviewed, and contributed to hundreds of California Environmental Quality Act (CEQA), Section 106 of the National Historic Preservation Act (NHPA), and National Environmental Policy Act (NEPA) technical reports; Programmatic, Memoranda, and Master Agreements; Tribal Historic Preservation Office (THPO) applications and associated tribal ordinances and historic preservation guidance; ethnographic studies and National Register of Historic Places eligibility forms; and other compliance and mitigation documents.

Ms. Hoover has presented collaborative projects, personal research, cultural resources education, and environmental regulation guidance trainings to a wide variety of audiences, including topics such as AB 52, SB 18 and CEQA guidance, cultural and tribal consultation best practices, and Tribal Monitoring Program trainings. She has contributed to CalTHPO organizational committees, participated in development of California and Federal archaeological and tribal consultation policies, and contributed to a published book on Tribal GIS applications.

CULTURAL RESOURCE MANAGEMENT 1 ARCHAEOLOGY I ARCHITECTURAL HISTORY I PALEONTOLOGY I GIS ..&Applied
EARTHWORKS,nc
Areas of Expertise
• Cultural resource management
• Project management
• Architectural history
• California history
• Environmental history
• CEQA/NEPA analysis
• Secretary of the Interior's
Standards for the Preservation of
Historic Properties
• Environmental and land-use
planning
• Design Reviews and Monitoring
Plans
Years of Experience
• 8
Education
M.A., History, California
Polytechnic State University, San
Luis Obispo, 2015 (with distinction)
B.A., Political Science/
Communications, California
Polytechnic State University, San
Luis Obispo, 2003
Professional Affiliations
• California Preservation Foundation
• American Historical Association
• Society of Architectural Historians
• American Cultural Resources
Association

I ARCHAEOLOGY I PALEONTOLOGY

CULTURAL RESOURCE MANAGEMENT

AMBER LONG
Senior Architectural Historian
Professional Experience
2020- Senior Architectural Historian, Applied Earth Works, Inc., San Luis Obispo and Fresno, California
2019-2020 Associate Architectural Historian, Applied Earth Works, Inc., San Luis Obispo, California
2018-2019 Planner, Santa Barbara County Planning and
Development Department, Development Review
Division, Santa Maria, California
2017-2018 Cultural Resources Manager, LSA Associates Inc., San Luis Obispo, California
2015-2017 Cultural Resources Analyst, LSA Associates Inc., San Luis Obispo, California
2013- 2015 Cultural Resources Assistant, LSA Associates Inc., San Luis Obispo, California
Technical Qualifications
Ms. Long is a Senior Architectural Historian at Applied Earth Works, Inc. She meets the Secretary of the Interior's (SOI) Professional Qualification Standards for Architectural History and History and is an experienced project manager. With over 8 years of experience, Ms.

Long's professional activities include effects analysis, policy consistency analysis, historical resource evaluation, significance evaluation, integrity assessment, design review, treatment plans, archival and historical research, and architectural field surveys. Prior to joining Applied Earth Works, Ms. Long practiced environmental and land use planning in addition to cultural resource management. She has completed projects in consultation with California Department of Transportation (Caltrans) District 12 as well as various local governments and private-sector clients to satisfy compliance requirements under Sections I 06 and 110 of the NHPA, CEQA, and local regulations. Ms. Long has authored Initial Studies, contributed to Environmental Impact Reports and Environmental Assessments, and prepared regulatory permits in Santa Barbara County. Since joining Applied Earthworks, she has used her strong CEQA background to manage built environment and archaeological projects in Fresno, San Luis Obispo, Santa Barbara, and Monterey counties. She has prepared evaluations for state landmarks and at-risk properties and performed Section 110 condition assessments at military installations. She has also reviewed projects for consistency with the SOI Standards for the Treatment of Historic Properties. Ms. Long is familiar with residential, commercial, civic, agricultural, military, and transportation related properties.
www appliedearthworks.com
.

CONFIDENTIAL-Not for Public Distribution~

APPENDIXB
Records Search Results
•Archaeological site locations are exempt from the California Public Records Act, as specified in Government Code 6254.10, and from the Freedom of Information Act (Exemption 3), under the legal authority of both the NHPA (PL 89-665, as amended, Section 304(al) and the Archaeological Resources Protection Act (PL 96-95, Section 9(a)), CONFIDENTIAL-Not for Public Distribution*

APPENDIXD
CA Department of Parks and Recreation Form
*Archaeological site locations are exempt from the California Public Records Act, as specified in Government Code 6254.10, and from the Freedom of Information Act {Exemption 3), under the legal authority of both the NHPA (PL 89-665, as amended, Section 304[a]) and the Archaeological Resources Protection Act (PL 96-95, Section 9[a]).

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

RECOMMENDATION

STAFF REPORT
Approval of Fire Services Agreement with Merced County for Fire Services, Staffing Augmentation and Create a Project for Fire Station Refurbishment September 20, 2022
Mark Pimentel, Assistant Fire Chief
Brian White, Battalion Fire Chief
Vanessa Portillo, City Manager
Staff recommends that City Council adopt a resolution authorizing the City Manager to sign an agreement with Merced County for Fire Services and staffing augmentation, create a project for Fire Station Refurbishment, and authorize the City Manager/Finance Director to make appropriate adjustments to the budget.

BACKGROUND
The fire protection partnership between Merced County and the City of Livingston dates back to 1966 when these agencies entered into a mutual aid service agreement. The last signed agreement between Merced County and the City of Livingston was in 1988. These agencies have maintained their partnership for decades even when fire services shifted from Merced County to CAL FIRE in the late 80's. In September 25, 1989, Merced County formally entered into an agreement with CAL FIRE to provide fire protection services to the County and contracted Cities in the region. The 1988 contract between Merced County and the City of Livingston for fire protection services expired in 1995. Although, separate agreements for liability compliance have been brought to the agencies' respective elected bodies, the main contract outlining roles and responsibilities for fire services has not been updated since its expiration in 1995.

Since the contract expiration in 1995, below are a few examples of new laws and compliance requirements adopted by the State, CAL FIRE, and other regulating agencies:
1997: On July 1, 1997 the Office of the State Fire Marshal, State Fire Training Division began the "Fire Marshal Certification Track" (Fire Inspector I, Fire Protection Specialist, Plans Examiner, and Fire Marshal)
2001: National Fire Protection Association (NFPA) 1710 releases staffing standards and recommends that each company be staffed with four (4) firefighters, including a company officer, and that the company officer must remain as part of the company. 2003: On January 1, 2003 the California All Incident Reporting System (CA/RS) took effect, utilizing the National Fire Incident Reporting System (NF/RS), version 5.0 in accordance with Health and Safety Code (H&S) Section 13110.5.
1 2008: The state Legislature passed Assembly Bill No. 1338 (Chapter 760, Statutes of 2008) authored by the Assembly Committee on Budget which required the State Fire Marshal to charge local agencies and private entities for fire and life safety inspections and related activities. 2011: The Office of the State Fire Marshal in conjunction with the California Water Boards, Division of Water Quality Storm Water Section published on its website a 50-page document entitled "Water-Based Fire Protection Systems Discharge Best Management Practices Manual" in September 1988. The scope and purpose of the document is to 1) To provide a set of Best Management Practices (BMP's) specifically a common set of tools for the proper processing of water discharge from a water-based fire protection system discharges in California, and 2) To provide direction to dischargers to contact the municipal separate storm sewer system (MS4'S) operators to discuss any specific discharge requirements and reporting. 2015: The Office of the State Fire Marshal adopted regulations for the licensing for Sprinkler System Pipefitters based on Assembly Bill No. 433 (Chapter 377, Statutes of 2013) authored by Assemblyman Gordon. The regulations became effective on July 1, 2017. 2016: The state Legislature passed Senate Bill No.1069 ((Chapter 720, Statues of 2016) authored by Senator Wieckowski creating Accessory Dwelling Units and exempting them from the fire sprinkler requirements.

Source: https:llosfm.fire.ca.govlabout-us/osfin-histo,y/ As shown above, fire protection regulations are very different from the guidelines that existed in 1995 when the agreement expired. Therefore, it is imperative for the City and the County to update the services agreement for fire protection services to incorporate updated regulations and provide adequate services to the community.

DISCUSSION
CAL FIRE Partnership with Merced County
Since the 1940s, local government entities such as cities, counties and districts have contracted with CAL FIRE to provide many forms of emergency services for their communities. CAL FIRE provides fullservice fire protection to many of the citizens of California through the administration of 118 cooperative fire protection agreements in 30 of the State's 58 counties, 41 cities, 30 fire districts and 49 other special districts and service areas.

As a full-service fire department CAL FIRE responds to wildland fires, structure fires, floods, hazardous material spills, swift water rescues, civil disturbances, earthquakes, and medical emergencies of all kinds.

Local governments are able to utilize this diversity and experience through their contracts and agreements with the Department. Merced County entered into a services agreement with CAL FIRE in 1989.

The Merced County Fire Department provides first responder level Emergency Medical Services, including rescue and extrication, as well as control and mitigation of hazardous materials emergency incidents. Merced County Fire Department provides mutual and automatic aid to cooperating local agencies and participates in the statewide fire and rescue mutual aid system. In addition, the Merced County Office of Emergency Services provides assistance and support for fire and non-fire emergencies such as floods, earthquakes, extreme weather events and other disasters. 2 Memorandum of Understanding between City and County
The 1988 contract between Merced County and the City of Livingston for fire protection services expired in 1995. Although, separate agreements for liability compliance have been brought to the agencies' respective elected bodies, the main contract outlining roles and responsibilities for fire services has not been updated since its expiration in 1995.

With an updated agreement, the City and County establish a stable foundation and clear understanding of roles and responsibilities for each party. The proposed agreement will extend through a 10-Years term through December 31, 2032 and will provide the following services:
• Emergency Fire Protection, Medical and Rescue Response Services to include commercial, residential, and wildland fire protection, prevention, and investigation. • Dispatch Services through the CAL FIRE Fire/Emergency Command Center (ECC) providing 24/7 year-round coverage.
• Fire Investigation Services provided by CAL FIRE Prevention Officers trained in arson, commercial, and wildland fire investigations.
• Public Education and Outreach including school functions, public awareness, fire education, smoke/fire detectors education, fire extinguisher education, and emergency preparedness • Provision of Management, Training, and Payroll Activities of Paid Call Personnel • Management support services including Fire Department Administration, training and safety, personnel, finance, and logistical support
• Staffing Augmentation to 2-0 personnel
City of Livingston, Station 96
Station 96, built in 1953, is the busiest county fire station protecting the residents of the City of Livingston and surrounding County community (Table 1). Within its 47 square mile response area, Station 96 protects 34 apartment complexes, 19 assemblies, 6 daycares, 12 educational establishments, 2 hotels, and a variety of commercial organizations including Foster Farms, TA Travel Center, Mid Valley, and E & J Gallo Winery.

Station 96 call volume is partly due to their large population of almost 14,000 individuals and over 3,000 housing units. In addition, Station 96 is responsible for protecting a sizable section of State Highway 99 as well as various County roads. Despite being the busiest station in the County, Station 96 is staffed with only one (1.0) person on duty falling short from the recommended NFPA 1710 standards of 4-0. 3 Table 1
FVZ0/21 Merced County Fire Report
Ilion Station Location Staffi cans
19 96 Livingston 1.00 2,248 12.47% "
16 63 Winton 2.00 2,064 11.45%
19 91 Delhi 2.00 1,647 9.14%
16 61 Atwater 2.00 1,402 7.78%
17 76 Dos Palos 1.00 1,358 7.53%
18 81 Merced 2.00 1,187 6.58%
18 85 McKee 2.00 1,092 6.06%
17 72 Santa Nella 2.00 971 5.39%
19 95 Hilmar 2.00 900 4.99%
17 74 Gustine 1.00 860 4.77%
17 71 Los Banos 2.00 780 4.33%
16 64 Cressey 1.00 679 3.77%
18 86 Planada 1.00 609 3.38%
17 75 Palos Wye 1.00 556 3.08%
19 97 Stevinson 1.00 498 2.76%
18 84 Le Grand 1.00 411 2.28%
19 92 Ballico 1.00 314 1.74%
18 83 El Nido 1.00 239 1.33%
16 65 Snellin! 2.00 211 1.17%
I Total 18,026 100%!
Source: Merced County Fire Department Annual Review 2021 Current Costs for Fire Services
The City of Livingston and Merced County have held a mutual aid partnership dating back to 1966. In 1988, the City of Livingston and Merced County formalized this partnership through a Memorandum of Understanding (MOU) for fire suppression services. Fire suppression services were transitioned to CAL FIRE in 1989. Through the MOU, it was also agreed that Merced County would fund the City's portion for fire services by retaining the allocated Fire Services property tax allocation.

About 7.55% of the City's property tax is allocated to fire services. In Fiscal Year 2021/22, the estimated portion of property taxes for fire services was estimated at $800,770. In FY 2021/22, total costs (County and City combined) for fire suppression services were estimated at $1,390,698 (based on actual call volume -Table 2). These costs are based on one (1) staff member housed at the station. 4 Table 2
Fire Department Expenses Based on Call Volume
FY 2021/22
Category City of Livingston Merced County Combined
Totals
Annual Calls 1,400 878 2,278
Percent 61% 39% 100%
COSTS 111
Personnel 600,037 376,309 976,346
Fleet and Equipment 65,289 42,427 117, 716
Paid Call Personnel (PCP) 49,785 13,234 63,019
Additional Equipment Response 117,453 - 117,453
Administrative Costs 83,256 43,197 126,453
Totals $915,820 $475,167 $1,390,698
City's Property Tax Revenue Offset 800,770
Surplus/(Deficit) $(11S,OSO)
<
1 ) Costs are based on emergency response only.
2-0 Staffing Needs and Additional Costs
In 1989, CAL FIRE contracted with Merced County to provide fire protection services for the region and contracted Cities. At this time, CAL FIRE honored the staffing levels for each station, although, the State's requirement was 2.0 staffing. In 2001, NFPA 1710 released its recommendation in staffing standards for fire agencies. The recommended staffing level was 4-0 staff members per station.

Currently, CAL FIRE's recommended staffing levels for each station is at 3-0. Station 96 is staffed with one (1) member.

Station 96 is the busiest station in the County responding to 2,248 service calls per year or 12.47% with only one (1) person in the station. The second busiest station is Winton with 2,064 service calls and staffed two (2) people at the station. Increasing the staffing for Station 96 to 2-0 will provide support to the Station's response time, command staff, and overall safety for the residents in Livingston. The cost to increase Station 96's staffing to 2.0 is estimated at $799,806. Merced County has agreed to split the cost 50% County and 50% City (Table 3) meaning that the City's share would be $399,903 for FY 2022/23.

Table 3
Fire Department Projected Expenses - Based on 2-0 Staffing FY 2022/23
COSTS City of Livingston Merced County Combined
Totals
One (1) Staff Response $915,820 $475,167 $1,390,698
Staff Augmentation 399,903 399,903 799,806
Total $1,315,723 $875,070 $2,190,504
5 Alternatives
Absent an updated agreement between Merced County and the City of Livingston for fire services, the City may look into funding fire protection services on its own.

Self-Sustained Fire Operations: Looking at other cities with similar population size, the costs to operate fire operations costs would be about $3.4 million (compared to Ripon Consolidated - population 14,000, Table 4). The City would also have to bear the costs for equipment replacement, training and development, recruitment, and other administrative costs. The City's property tax fire allocation would fall short from covering these costs (about $944k estimated for FY 2022/23) making this option unsustainable.

Table4
SELF-SUSTAINED Fire Department Projected Expenses - Based on 2-0 Staffing Cost Comparison - FY 2022/23
CITY /COUNTY Ripon Fire COSTS Partnership
City of Livingston Merced County District
One {1) Staff Response $915,820 $475,167
Staff Augmentation 399,903 399,903
Sub-Total $1,315,723 $875,070
Total $2,190,504 $3,461,842
Recommendation
Staff recommends the following items for Council consideration and approval:
• Enter into a MOU agreement with Merced County for Fire Services for a term through December 31, 2032.
• Augment staffing for Fire Station 96 to 2-0
• Allocate $1 million for the refurbishment of Fire Station 96 to provide suitable accommodations to our current and new personnel and meet updated building code standards, currently in violation.

FISCAL IMPACT
Renewing the Fire Services MOU between Merced County and the City of Livingston will continue the agreement for the County to administer the property tax portion allocated to fire services. The increased 2-0 staffing costs of $399,903 (City's share) will be funded through CFD 2005-1 with no impact to the General Fund for FY 2022/23. Future costs will be incorporated within the operational budgets.

In addition, the Fire Station refurbishment project will be funded through reserves in the CFD 2005-1 Fund (Fund 1213) and Municipal Facilities Impact Fees Fund (Fund 2002).

ATTACHMENTS

1. Resolution Approving Memorandum of Understanding (MOU) between Merced County and City of Livingston for Fire Protection Services and Authorizing City Manager to Execute Agreement

2. Draft: Contract between Merced County and City of Livingston for Fire Protection Services

3. Additional Staffing Costs Addendum
6 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN

MERCED COUNTY AND THE CITY OF LIVINGSTON FOR FIRE

PROTECTION SERVICES AND STAFFING AUGMENTATION THROUGH
DECEMBER 31, 2032
WHEREAS, City desires to contract with Merced County for Fire Department Administration and Operations which consist of Fire Protection, First Responder Medical, Rescue, Hazardous Materials and Fire Prevention; and WHEREAS, County is specially trained, experienced, and competent to perform such services in connection with comprehensive fire protection and other emergency incident response; and
WHEREAS, through this MOU the City increases its Fire Staffing to 2-0 through the term of the contract; and
WHEREAS, the contract term will provide such services through December 31, 2032; and
WHEREAS, the City may terminate the contract upon providing a 90-day notice; 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 20th day of September, 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 20th day of September, 2022.

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

MEMORANDUM OF UNDERSTANDING

BETWEEN

MERCED COUNTY
AND

LIVINGSTON CITY
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 an incorporated city, located at 1416 C Street, Livingston, CA 95334 (hereinafter referred to as "City").

WHEREAS, City desires to contract with County for Fire Department Administration and Operations which consist of Fire Protection, First Responder Medical, Rescue, Hazardous Materials and Fire Prevention; and
WHEREAS, County is specially trained, experienced, and competent to perform such services in connection with comprehensive fire protection and other emergency incident response; 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. SCOPE OF SERVICES
County shall provide comprehensive fire protection and other emergency incident response services in accordance with the terms and conditions stated herein, and any specifically referenced attachments hereto. County's services include, but are not limited to, the following:

A. Emergency Fire Protection, Medical and Rescue Response: services include commercial, residential, and wildland fire protection, prevention and investigation; hazardous materials incident response; emergency vehicle extrication; hazardous conditions response (flooding, downed power lines, earthquake, terrorist incident, etc.); emergency medical and rescue response; and public service assistance. Also included are management support services that include fire department administration, training and safety, personnel, finance and logistical support.

B. Dispatch Services: Provide fire department 9-1-1 emergency dispatch through the CAL FIRE Fire/Emergency Command Center (ECC). CAL FIRE will be responsible for fire/emergency dispatching of emergency resource units covered under this agreement. The CAL FIRE ECC is staffed with a Battalion Chief, three or more Fire Captains and Communications Operators to provide 2417 year-round coverage. There is always an officer of Captain rank or higher to serve as the shift supervisor and command officer. CAL FIRE uses an integrated Computer Aided Dispatch (CAD) system, using the latest technology, to direct the closest available resources to all emergency incidents.

C. Delegated by the County Fire Chief, the City building department official will have the responsibility for enforcement of the building standards adopted by the state fire marshal as published in the California building codes relating to fire and panic safety, such as plan reviews and inspections for buildings in regard to the building permit. Assess conformity with the Health and Safety Code, California fire code, national fire protection standards, title 19 and title 24 California code of regulations and other state regulations within the scope of the California state fire marshal's office.

D. Fire investigation services will be provided by CAL FIRE Prevention Officers trained in arson, commercial, and wildland fire investigation. Officers are available by appointment for site visits and consultations. Officers are trained at CAL FIRE's Peace Officer Standard Training (POST) certified law enforcement training academy and they cooperate effectively with all local, state and federal law enforcement agencies.

E. Services include public education and public outreach. This includes but not limited to school functions, public awareness, fire education, smoke/fire detectors education, fire extinguisher education, and emergency preparedness.

F. Increase personnel staffing to two (2) per shift at the Livingston Fire Station. The cost of this increase to be shared between the County and the City.

G. Provide management, training and payroll activities for the Paid Call Personnel (County Employees) assigned to the Livingston Fire Station The following exhibits are specifically incorporated by reference, attached hereto, and made a part hereof, except when in conflict with this Agreement or modified herein:

Exhibit A - Description of Other Services
Exhibit B - Facilities and Equipment

2. TERM
The term of this Agreement shall commence on the 1st day of January, 2023, and continue until the 31 st day of December, 2033, unless sooner terminated in accordance with the sections entitled "TERMINATION FOR CONVENIENCE", ''TERMINATION FOR CAUSE" OR "NON-APPROPRIATION OF FUNDING", as set forth elsewhere in this Agreement. The term of this agreement can be extended in up to five (5) year increments upon agreement of both parties.

3. COMPENSATION
City agrees to pay County a Total Agreement Price not to exceed Four Million Five Hundred Ninety Six Thousand, Eight Hundred Thirty Dollars and no 1 OD/cents ($4,596,830), for additional Fire Protection Services. The actual personnel costs will be billed to the City on a quarterly basis for the previous quarter upon County's receipt and review of charges from CAL FIRE.

4. 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 City 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.

E. Facsimile Transmission. When sent by fax to the last fax number of the City known to the party giving notice, notice is effective upon receipt, provided that: a) a duplicate copy of the notice is promptly given by first class mail or certified mail or by overnight delivery, orb) the receiving party delivers a written confirmation of receipt. Any notice given by fax shall be deemed received on the next business day if received after 5:00 P.M. (City's time) or on a non-business day.

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
Merced County Fire Department
Attn: Division Chief
3500 N Apron Ave
Livingston, Ca 95301
(209) 725-0174 (FAX)
City
City of Livingston
Attn: City Manager
1416 C Street
Livingston, CA 95334
(209) xxx-xxxx (FAX)
Any party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement.

5. 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 in 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 City prior to, and in connection with, discontinuing the work hereunder.

6. TERMINATION FOR CAUSE
The City may terminate this Agreement for and be relieved of any making any payments to County, and all duties to County should the County fail to perform any material duty or obligation of the Agreement. Notice shall be given as otherwise provided herein. In the event of such termination the City may proceed with the work in any manner deemed proper by the City. All costs to the City shall be deducted from any sum otherwise due the County and the balance, if any, shall be paid to the County upon demand. Such remedy is in addition to such other remedies as may be available to the City provided by law.

7. 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

8. INDEMNIFICATION
CITY has the contracted duty (hereinafter "the duty") to indemnify, defend and hold harmless, County, its Board of Supervisors, officers, employees, agents and assigns from and against any and all claims, demands, liability, judgments, awards, interest, attorney's fees, costs, experts' fees and expenses of whatsoever kind or nature, at any time arising out of or in any way connected with the performance of this Agreement, whether in tort, contract or otherwise. This duty shall include, but not be limited to, claims for bodily injury, property damage, personal injury, and contractual damages or otherwise alleged to be caused to any person or entity including, but not limited to employees, agents and officers of County. This includes the operation of City-owned vehicles and equipment by CALFIRE employees and Merced County Paid Call Personnel.

City's liability for indemnity under this Agreement shall apply, regardless of fault, to any acts or omissions, willful misconduct or negligent conduct of any kind, on the part of the City, its agents, subcontractors and employees. The duty shall extend to any allegation or claim of liability except in circumstances found by a jury or judge to be the sole and legal result of the willful misconduct of County. This duty shall arise at the first claim or allegation of liability against County. City will on request and at its expense, defend any action suit or proceeding arising hereunder. This clause for indemnification shall be interpreted to the broadest extent permitted by law."-+

9. 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. City shall neither have, nor exercise any control or direction over the methods by which County shall deliver the services provided. The sole interest and responsibility of the City 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.

10. LIABILITY
Nothing in the provisions of this Agreement is intended to affect the legal liability of either party by imposing any standard of care different from the standard of care imposed by law. Each party shall bear its own exposure for Worker's compensation on its own personnel while furnished to the other party or likewise.

11. REPORTS AND RECORDS
The County shall be responsible for completing all required reports, including but not limited to, reports mandated by local or state government.

12. 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.

13. COUNTY NOT OBLIGATED TO THIRD PARTIES
County shall not be obligated or liable hereunder to any party other than City.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

Signature page to follow
County of Merced City of Livingston
By Lloyd Pareira Jr. By
Chairman Board of
Supervisors
Dated

APPROVED AS TO LEGAL FORM

MERCED COUNTY COUNSEL
Dated
City Manager
Dated
Administration:

Unit Chief

EXHIBIT A

DESCRIPTION OF OTHER SERVICES
The Unit Chief performs duties as the Livingston City Fire Chief for all Emergency Fire Protection, Medical and Rescue Response Agreements, pursuant to applicable statutory authority. The Unit Chief, or their representative, may dispatch personnel and equipment from the assigned station or location. The Unit Chief shall exercise professional judgment consistent with State policy and his or her employment by State in authorizing or making any assignments to emergencies and other responses, including assignments made in response to requests for mutual aid. The Unit Chief may delegate any and all of these responsibilities to qualified staff.

Division Chief
Supervise the Battalion Chief and manage routine administration affecting the Division.

Attend City Council and other routine meetings as requested by the Battalion Chief and/or City Manager. Maintain a good working relationship with the City Manager, Chief of Police, Mayor and City Council members to ensure cooperative fire protection. Act on behalf of the Battalion Chief, in their absence, for meetings, presentations or as requested. Acts as the Livingston Fire Chief in the absence of the Unit Chief.

Battalion Chief
Attend Staff Meetings, draft City Council reports and review fire code changes as required. Attend City Council and Public Safety Meetings and present staff reports as required. Attend special events as required. Meet with school officials, developers, and architects for fire code inquiries. Manage Paid Call Fire Personnel. Work with Office of Emergency Services and Merced County on grants, training and safety issues, including OES Emergency Operations Plan, and provide training and exercises to City staff as required. Respond to emergency incidents after hours and weekends when requested, including but not limited to, structure fires, Hazardous Materials, major/multiple injury vehicle accidents, and mass casualty incidents. Oversee annual certification testing of SCBA, air compressor, ladders, hose, rescue equipment and other fire department related testing procedures required by local, state and federal law, including semi-annual hydrant flow testing and flushing. Represent the City of Livingston Fire Department in local, state and federal activities, such as Merced County Area Chief Meetings, M4C, Merced County OES Exercise and other related duties.

Coordinate grant funding requests with City Grants Manager. Assist with other Departments in a cohesive manner.

Volunteer Fire Department Association:

The Livingston Volunteer Fire Department Association shall function as an integral part of the Department of Public Safety, Fire Services Division. The CAL FIRE Unit Chief shall act as the Fire Chief for the Livingston Volunteer Fire Department Association and shall be responsible for overall administrative and operational control. The Fire Chief can delegate these duties to another qualified staff member Membership in the Livingston Volunteer Fire Department Association is not a requirement to become a Merced County Paid Call Personnel assigned to the Livingston Fire Station.

Members of the Livingston Volunteer Fire Department Association shall respond to emergency incidents within the city and perform their duties in fire suppression and emergency response as directed by the Fire Chief and/or their designee. Additionally, members of the Livingston Volunteer Fire Department shall assist with fire suppression and emergency response duties in locations outside the city when directed to do so by the Fire Chief and/or their designee.

EXHIBIT B

FACILITIES AND EQUIPMENT

COST OF OPERATING AND MAINTAINING EQUIPMENT AND PROPERTY The cost of maintaining, operating, and replacing any and all property and equipment, real or personal, furnished by the parties hereto for fire protection purposes, shall be borne by the party owning or furnishing such property or equipment unless otherwise provided for herein or by separate written agreement.

Facilities:

The City shall provide and maintain appropriate facilities for the housing of assigned personnel and equipment. The City is responsible for the cost associated with the construction/remodeling/maintenance and operation of any facilities assigned to the Fire Department and shall include the cost of utilities. Facilities to be maintained to applicable State standards.

Equipment:

Apparatus
City-owned apparatus shall meet, and be maintained by the City to meet, minimum safety standards set forth in Title 49, Code of Federal Regulations, and Titles 8 and 13, California Code of Regulations. Purchase of new equipment by the City will be coordinated with the County Fire Department to ensure compatibility with county equipment and operations.

County-owned vehicles will be maintained by the County to meet minimum safety standards set forth in Title 49, Code of Federal Regulations, and Titles 8 and 13, California Code of Regulations.

Personal Protective Clothing
Personal Protective Equipment (PPE) previously purchased by the City for use by Paid Call Personnel assigned to the Livingston Fire Station will be transferred to the County.

Moving forward all PPE required by Paid Call Personnel, both structural and wildland, will be purchased by the County.

MEMORANDUM OF UNDERSTANDING

BETWEEN

MERCED COUNTY
AND

LIVINGSTON CITY
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 an incorporated city, located at 1416 C Street, Livingston, CA 95334 (hereinafter referred to as "City").

WHEREAS, City desires to contract with County for Fire Department Administration and Operations which consist of Fire Protection, First Responder Medical, Rescue, Hazardous Materials and Fire Prevention; and
WHEREAS, County is specially trained, experienced, and competent to perform such services in connection with comprehensive fire protection and other emergency incident response; 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. SCOPE OF SERVICES
County shall provide comprehensive fire protection and other emergency incident response services in accordance with the terms and conditions stated herein, and any specifically referenced attachments hereto. County's services include, but are not limited to, the following:

A. Emergency Fire Protection, Medical and Rescue Response: services include commercial, residential, and wildland fire protection, prevention and investigation; hazardous materials incident response; emergency vehicle extrication; hazardous conditions response (flooding, downed power lines, earthquake, terrorist incident, etc.); emergency medical and rescue response; and public service assistance. Also included are management support services that include fire department administration, training and safety, personnel, finance and logistical support.

B. Dispatch Services: Provide fire department 9-1-1 emergency dispatch through the CAL FIRE Fire/Emergency Command Center (ECC). CAL FIRE will be responsible for fire/emergency dispatching of emergency resource units covered under this agreement. The CAL FIRE ECG is staffed with a Battalion Chief, three or more Fire Captains and Communications Operators to provide 24/7 year-round coverage. There is always an officer of Captain rank or higher to serve as the shift supervisor and command officer. CAL FIRE uses an integrated Computer Aided Dispatch (CAD) system, using the latest technology, to direct the closest available resources to all emergency incidents.

C. Delegated by the County Fire Chief, the City building department official will have the responsibility for enforcement of the building standards adopted by the state fire marshal as published in the California building codes relating to fire and panic safety, such as plan reviews and inspections for buildings in regard to the building permit. Assess conformity with the Health and Safety Code, California fire code, national fire protection standards, title 19 and title 24 California code of regulations and other state regulations within the scope of the California state fire marshal's office.

D. Fire investigation services will be provided by CAL FIRE Prevention Officers trained in arson, commercial, and wildland fire investigation. Officers are available by appointment for site visits and consultations. Officers are trained at CAL FIRE's Peace Officer Standard Training (POST) certified law enforcement training academy and they cooperate effectively with all local, state and federal law enforcement agencies.

E. Services include public education and public outreach. This includes but not limited to school functions, public awareness, fire education, smoke/fire detectors education, fire extinguisher education, and emergency preparedness.

F. Increase personnel staffing to two (2) per shift at the Livingston Fire Station. The cost of this increase to be shared between the County and the City.

G. Provide management, training and payroll activities for the Paid Call Personnel (County Employees) assigned to the Livingston Fire Station The following exhibits are specifically incorporated by reference, attached hereto, and made a part hereof, except when in conflict with this Agreement or modified herein:

Exhibit A - Description of Other Services
Exhibit B - Facilities and Equipment

2. TERM
The term of this Agreement shall commence on the 1st day of January, 2023, and continue until the 31 st day of December, 2033, unless sooner terminated in accordance with the sections entitled "TERMINATION FOR CONVENIENCE", "TERMINATION FOR CAUSE" OR "NON-APPROPRIATION OF FUNDING", as set forth elsewhere in this Agreement. The term of this agreement can be extended in up to five (5) year increments upon agreement of both parties.

3. COMPENSATION
City agrees to pay County a Total Agreement Price not to exceed Four Million Five Hundred Ninety Six Thousand, Eight Hundred Thirty Dollars and no 100/cents ($4,596,830), for additional Fire Protection Services. The actual personnel costs will be billed to the City on a quarterly basis for the previous quarter upon County's receipt and review of charges from CAL FIRE.

4. 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 City 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.

E. Facsimile Transmission. When sent by fax to the last fax number of the City known to the party giving notice, notice is effective upon receipt, provided that: a) a duplicate copy of the notice is promptly given by first class mail or certified mail or by overnight delivery, or b) the receiving party delivers a written confirmation of receipt. Any notice given by fax shall be deemed received on the next business day if received after 5:00 P.M. (City's time) or on a non-business day.

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
Merced County Fire Department
Attn: Division Chief
3500 N Apron Ave
Livingston, Ca 95301
(209) 725-0174 (FAX)
City
City of Livingston
Attn: City Manager
1416 C Street
Livingston, CA 95334
(209) xxx-xxxx (FAX)
Any party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement.

5. 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 in 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 City prior to, and in connection with, discontinuing the work hereunder.

6. TERMINATION FOR CAUSE
The City may terminate this Agreement for and be relieved of any making any payments to County, and all duties to County should the County fail to perform any material duty or obligation of the Agreement. Notice shall be given as otherwise provided herein. In the event of such termination the City may proceed with the work in any manner deemed proper by the City. All costs to the City shall be deducted from any sum otherwise due the County and the balance, if any, shall be paid to the County upon demand. Such remedy is in addition to such other remedies as may be available to the City provided by law.

7. 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

8. INDEMNIFICATION
CITY has the contracted duty (hereinafter "the duty") to indemnify, defend and hold harmless, County, its Board of Supervisors, officers, employees, agents and assigns from and against any and all claims, demands, liability, judgments, awards, interest, attorney's fees, costs, experts' fees and expenses of whatsoever kind or nature, at any time arising out of or in any way connected with the performance of this Agreement, whether in tort, contract or otherwise. This duty shall include, but not be limited to, claims for bodily injury, property damage, personal injury, and contractual damages or otherwise alleged to be caused to any person or entity including, but not limited to employees, agents and officers of County. This includes the operation of City-owned vehicles and equipment by CALFIRE employees and Merced County Paid Call Personnel.

City's liability for indemnity under this Agreement shall apply, regardless of fault, to any acts or omissions, willful misconduct or negligent conduct of any kind, on the part of the City, its agents, subcontractors and employees. The duty shall extend to any allegation or claim of liability except in circumstances found by a jury or judge to be the sole and legal result of the willful misconduct of County. This duty shall arise at the first claim or allegation of liability against County. City will on request and at its expense, defend any action suit or proceeding arising hereunder. This clause for indemnification shall be interpreted to the broadest extent permitted by law."-+

9. 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. City shall neither have, nor exercise any control or direction over the methods by which County shall deliver the services provided. The sole interest and responsibility of the City 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.

10. LIABILITY
Nothing in the provisions of this Agreement is intended to affect the legal liability of either party by imposing any standard of care different from the standard of care imposed by law. Each party shall bear its own exposure for Worker's compensation on its own personnel while furnished to the other party or likewise.

11. REPORTS AND RECORDS
The County shall be responsible for completing all required reports, including but not limited to, reports mandated by local or state government.

12. 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.

13. COUNTY NOT OBLIGATED TO THIRD PARTIES
County shall not be obligated or liable hereunder to any party other than City.

14. 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.

15. 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 a II 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.

16. 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.

17. 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.

18. 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.

19. 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.

Signature page to follow
County of Merced City of Livingston
By Lloyd Pareira Jr. By
Chairman Board of
Supervisors
Dated

APPROVED AS TO LEGAL FORM

MERCED COUNTY COUNSEL
By __________ _
Dated
City Manager
Dated
Administration:

Unit Chief

EXHIBIT A

DESCRIPTION OF OTHER SERVICES
The Unit Chief performs duties as the Livingston City Fire Chief for all Emergency Fire Protection, Medical and Rescue Response Agreements, pursuant to applicable statutory authority. The Unit Chief, or their representative, may dispatch personnel and equipment from the assigned station or location. The Unit Chief shall exercise professional judgment consistent with State policy and his or her employment by State in authorizing or making any assignments to emergencies and other responses, including assignments made in response to requests for mutual aid. The Unit Chief may delegate any and all of these responsibilities to qualified staff.

Division Chief
Supervise the Battalion Chief and manage routine administration affecting the Division.

Attend City Council and other routine meetings as requested by the Battalion Chief and/or City Manager. Maintain a good working relationship with the City Manager, Chief of Police, Mayor and City Council members to ensure cooperative fire protection. Act on behalf of the Battalion Chief, in their absence, for meetings, presentations or as requested. Acts as the Livingston Fire Chief in the absence of the Unit Chief.

Battalion Chief
Attend Staff Meetings, draft City Council reports and review fire code changes as required. Attend City Council and Public Safety Meetings and present staff reports as required. Attend special events as required. Meet with school officials, developers, and architects for fire code inquiries. Manage Paid Call Fire Personnel. Work with Office of Emergency Services and Merced County on grants, training and safety issues, including OES Emergency Operations Plan, and provide training and exercises to City staff as required. Respond to emergency incidents after hours and weekends when requested, including but not limited to, structure fires, Hazardous Materials, major/multiple injury vehicle accidents, and mass casualty incidents. Oversee annual certification testing of SCBA, air compressor, ladders, hose, rescue equipment and other fire department related testing procedures required by local, state and federal law, including semi-annual hydrant flow testing and flushing. Represent the City of Livingston Fire Department in local, state and federal activities, such as Merced County Area Chief Meetings, M4C, Merced County OES Exercise and other related duties.

Coordinate grant funding requests with City Grants Manager. Assist with other Departments in a cohesive manner.

Volunteer Fire Department Association:

The Livingston Volunteer Fire Department Association shall function as an integral part of the Department of Public Safety, Fire Services Division. The CAL FIRE Unit Chief shall act as the Fire Chief for the Livingston Volunteer Fire Department Association and shall be responsible for overall administrative and operational control. The Fire Chief can delegate these duties to another qualified staff member Membership in the Livingston Volunteer Fire Department Association is not a requirement to become a Merced County Paid Call Personnel assigned to the Livingston Fire Station.

Members of the Livingston Volunteer Fire Department Association shall respond to emergency incidents within the city and perform their duties in fire suppression and emergency response as directed by the Fire Chief and/or their designee. Additionally, members of the Livingston Volunteer Fire Department shall assist with fire suppression and emergency response duties in locations outside the city when directed to do so by the Fire Chief and/or their designee.

EXHIBITS

FACILITIES AND EQUIPMENT

COST OF OPERATING AND MAINTAINING EQUIPMENT AND PROPERTY The cost of maintaining, operating, and replacing any and all property and equipment, real or personal, furnished by the parties hereto for fire protection purposes, shall be borne by the party owning or furnishing such property or equipment unless otherwise provided for herein or by separate written agreement.

Facilities:

The City shall provide and maintain appropriate facilities for the housing of assigned personnel and equipment. The City is responsible for the cost associated with the construction/remodeling/maintenance and operation of any facilities assigned to the Fire Department and shall include the cost of utilities. Facilities to be maintained to applicable State standards.

Equipment:

Apparatus
City-owned apparatus shall meet, and be maintained by the City to meet, minimum safety standards set forth in Title 49, Code of Federal Regulations, and Titles 8 and 13, California Code of Regulations. Purchase of new equipment by the City will be coordinated with the County Fire Department to ensure compatibility with county equipment and operations.

County-owned vehicles will be maintained by the County to meet minimum safety standards set forth in Title 49, Code of Federal Regulations, and Titles 8 and 13, California Code of Regulations.

Personal Protective Clothing
Personal Protective Equipment (PPE) previously purchased by the City for use by Paid Call Personnel assigned to the Livingston Fire Station will be transferred to the County.

Moving forward all PPE required by Paid Call Personnel, both structural and wildland, will be purchased by the County.
2023
Position Number of
Personnel
Captain 1
Engineer 0.5
Benefits
Capatain 1
Engineer 0.5
Year
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032

MEMORANDUM OF UNDERSTANDING COUNTY OF MERCED
AND

CITY OF LIVINGSTON
Number of Salary EDWC Uniform Longevity Education
Months $0.00/mo $0.00/mo $0.00/mo Pay $0.00/mo
12 $ 6,017 $ 3,505 $ 178 s 2,166 $ 75 $
12 $ 5,362 $ 3,128 $ 178 $ . $ 75 $
TOTAL $
Salary EDWC Uniform Longevity Education
12 $5,681.85 $2,148.92 $ 2.58 $ 2,045.35 $ 45.98 $
12 $5,063.34 $1,917.78 $ 2.58 $ 45.98 $
TOTAL $
Total Salary and Benefits $
State Administrative Fee $
$
$
$
$
$
$
$
$
$
$
Total Estimated Cost $
Total
143,292
SZ,458
195,750
119,096
42,178
161,274
357,024
42,879
399,903
419,898
440,893
462,938
486,084
510,389
535,908
562,704
590,839
620,381
5,029,936