Cities Index.
Agenda packet

Livingston City Council
June 20, 2023

Document
Agenda packet
Meeting
June 20, 2023
Body
Livingston City Council
Pages
11
Original file
12.3 MB
Text extracted from the city's file for reading and search. Open the original on www.cityoflivingston.org. That file is the official record.

CITY COUNCIL REGULAR MEETING AGENDA
JUNE 20, 2023
CLOSED SESSION:

OPEN SESSION:
5:00 P.M. - 7:00 P.M
7:00 P.M.

WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC

PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.

ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www .youtube.com/channel/UCB ZmOZIHELh-ECEPZ2 VwZg Notice is hereby given that the City Council will hold a Regular Meeting on June 20, 2023, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must he received hv 2:00 ~ on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter. You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk's Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).
1 CLOSED SESSION
I. Call to Order

2. Roll Call

3. Pledge of Allegiance.

4. Moment of Silence - First Responders and Military Members.

5. Citizen Comments

CLOSED SESSION
A "Closed" or "Executive" Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. A11y public comme11t 011 Closed Sessio11 items will be taken before tile Closet/ Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.

6. Public Employee Appointment
(Government Code Section 54957(b )(1 ))
Title: Special Counsel

7. Public Employee Appointment
(Government Code Section 54957(b )(1 ))
Title: City Attorney

8. Conference with Real Property Negotiators (Gov. Code,§ 54956.8) Property: APN 024-020-029
Agency Negotiator: City Manager
Negotiating Parties: City of Livingston and Foster Poultry Farms, LLC Under Negotiation: Instruction to negotiator concerning price and terms of payment

REGULAR MEETING

CALL TO ORDER
Pledge of Allegiance.

Moment of Silence - First Responders and Military Members. 2 Next Resolution No.: 2023-42
Next Ordinance No.: 652
Roll Call.

Closed Session Announcements.

Changes to the Agenda.

CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda and items ON the agenda. If you wish to speak on an item on the agenda. please state the item number. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members' Announcements and Reports.

Mayor's Announcements and Reports.

Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission -Jatinder Mann • Merced Integrated Regional Water Management Plan (MIRWMA)-Jatinder Mann, Representative and Jason Roth, Alternate Representative. • Central Valley Division League of California Cities - Maria Soto, Representative and Jatinder Mann, Alternate.

Jason Roth
• City Council Liaison - Livingston Planning Commission - Jason Roth • Special City Selection Committee of the San Joaquin Valley Air Pollution Control BoardJason Roth, Representative and Gnrpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIRWMA)-Jatinder Mann, Representative and Jason Roth, Alternate Representative.

Maria Soto
• Merced County Local Agency Formation Commission (LAFCO) - Maria Soto, Representative.
• Central Valley Division League of California Cities - Maria Soto, Representative and Jason Roth, Alternate.
3 Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gurpal Samra, Representative and Jason Roth, Alternate.

Jose Moran
• Merced County Association of Governments (MCAG) Governing Board -Jose Moran, Representative aud Gurpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission - Jose Moran • Utility Stakeholders Committee - Jose Moran and Gurpal Samra\

RECEIVE AND FILE
I. City Treasurer's Investment Report for the Month Ending April 30, 2023

CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by the City Manager or City Council Member. There will be no separate discussion of these items unless members of the City Council or City Manager request that specific items be removed

2. WAIVING OF READING OF ORDINANCE AND RESOLUTIONS
City Council Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading the Title only, Unless Otherwise Requested by the Mayor or a Council Member

3. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated June 9, 2023

4. Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in July in Observance of the 4th of July Holiday

5. Resolution Approving the City of Livingston Fiscal Year 2023/2024 List of Eligible Projects for Funding from the Road Maintenance and Rehabilitation Account (RMRA) Created by Senate Bill 1: Road Repair and Accountability Act of 2017, and Authorizing the City Manager to File with the California Transportation Commission the Project List and Annual Expenditure Report for Fiscal Year 2023/2024 RMRA Funding

6. Resolution Authorizing the Interim City Manager to Negotiate and Execute an Agreement, Approved as to Form by the City Attorney, with CSG Consultants or 4LEAF Inc. for On-Call Community Development Services

PUBLIC HEARINGS

7. Resolution Approving Conditional Use Permit No. 2023-01 and Resolution Approving Site Plan and Design Review Application No. 2023-01, to Develop a Two-Story, 3,339 Square Foot Townhouse Triplex with a Seven-Space Parking lot in the Downtown Commercial (OTC) Zoning District on Property Located at 1222 B Street, Livingston, CA (APN No.: 024-123-003). 4 DISCUSSION AND POTENTIAL ACTION ITEMS

8. Resolution Approving a Professional Services Agreement with Bryant L. Jolley Certified Public Accountants and Approving an Amended Contract with Lance, Soll & Lunghard, LLP (LSL)

9. Resolution Approving a Commitment of Permanent Local Housing Allocation (PLHA) Funds to the Self Help Enterprises Livingston B Street Project

10. Consider and Discuss the City of Livingston City Council's Options for Filling the City Clerk Position Vacated by Leticia Vasquez-Zurita, and Take Action Related to Filling the Vacancy

11. Resolution Approving the Restated Joints Powers Agreement of the Merced County Association of Governments and Authorize the City of Livingston Mayor to Sign the Agreement

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT
5 AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

ELECTED OFFICIAL'S REPORT
Treasurer's Report For April 2023
June 20, 2023
Kathrine Schell Rodriguez - Elected City Treasurer
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Receive and File Treasurer's Report for the month ending April 30, 2023.

BACKGROUND:

The Treasurer's Report is required to be presented to the governing body.

DISCUSSION:

Total Cash and City Investments include cash in the bank, and cash in the Local Agency Investment Fund for a Grand Total of $38,549,529.27.

The attached Treasurer's report is a "snapshot" report of our cash position on the last day of the month in all our accounts per Bank Statements.

FISCAL IMPACT:

None.

ATTACHMENTS:

April 30th Treasurer's Report with signature

TREASURER'S REPORT
Bank Statement Period Ending April 30, 2023
The following cash and investment information pertains to the period ending per Bank Statements Average
Institution
State of California LAIF (Local Agency
Investment Fund)
Non Interest Bearing Items
Farmers & Merchants Bank
Farmers & Merchants Bank
Farmers & Merchants Bank
Subtotal F&M Bank
Total Cash & Investments
Notes
Acct#
xx-xx-463
xxxxxx5801
xxxxxx6601
xxxxxx8201
Investment
Type
Pooled
Operating Account
Payroll Account
Web Payments Account
Monthly
Yeild o/o

2.87%
N/A
N/A
N/A
April 30, 2023
Balance
36,442,056.59
2,088,350.47
10,630.08
8,492.13
2,107,472.68
38,549,529.27
1) There are currently no Investments, In an Institution, with a Maturity Date, and/or a Maturity Date of 12 Months or More. The City's Portfolio consists of Non Interest Bearing Items in F&M Bank, and funds deposited with the State Local Investment Agency (LAIF) 2) Percentage Yield Rate from the LAIF Website "PMIA Average Monthly Yield" Katherine Schell-Rodriguez City Treasurer
06/06/2023
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Warrant Register June 09, 2023
June 20, 2023
Nancy Fuentes, Accounting Technician
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Ratify the warrant register dated June 20, 2023
DISCUSSION:
1C@
Government Code sections 37208(b) and 37209 provide that accounts payable warrants or checks drawn in payment of demands certified or approved by the finance director as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.

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

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

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

May 23, 2023- June 9, 2023
GENERAL WARRANTS .......................... $
PAYROLL/WIRE WARRANTS .................. $
TOTAL WARRANTS .............................. $
ATTACHMENTS:

Warrant Register (detailed by date and check number)
348,329.88
268,450.39
616,780.27
8968-9079
2669-2691
Accounts Payable
User:

Printed:
nfuentes
6/15/2023 4:11 PM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
8968 472 Aqua-Metric Sales Company 05/30/2023
INV0094809 (25)-S502RTE 1" SR Registers TR/PL 1000GAL 2,189.81 INV0094815 3" OMNI H2 (Hydrant Meter Replacement) 1,782.89 Total for Check Number 8968: 3,972.70
8969 1220 Rayona Armenta 05/30/2023
2023-001 Park Deposit Refund- Gallo 3 05/21/2023 100.00 Total for Check Number 8969: 100.00
8970 446 Belkorp Ag, LLC 05/30/2023
886267 Backhoe 06-07 Sewer filler cap for fuel 34.16
Total for Check Number 8970: 34.16
8971 1073 Oscar Briceno 05/30/2023
2023-001 Park Deposit Refund- Memorial Park 05/21/2023 300.00 Total for Check Number 8971: 300.00
8972 909 Canon Financial Services, Inc. 05/30/2023
305446813 PW Contract Lease 06/20/2023-07/19/2023 151.24 305446813 PW Contract Lease 06/20/2023-07/19/2023 75.62 305446813 PW Contract Lease 06/20/2023-07/19/2023 75.62 305446813 PW Contract Lease 06/20/2023-07/19/2023- Ins Charge 14.72 305446813 PW Contract Lease 06/20/2023-07/19/2023- Ins Charge 7.36 305446813 PW Contract Lease 06/20/2023-07/19/2023- Ins Charge 7.33 Total for Check Number 8972: 331.89
8973 914 Cintas Corporation No. 2 05/30/2023
5158133079 First Aid Supplies 33.73
5158133079 First Aid Supplies 33.73
5158133079 First Aid Supplies 33.71
5158133079 First Aid Supplies 33.73
Total for Check Number 8973: 134.90
8974 455 Ernest Packaging Solutions 05/30/2023
90756970 Multifold can liners bleacher cleaner & gloves for park 1,427.20 90756971 Multifold can liners equalizer cleaner for all dept 201.03 90756971 Multifold can liners equalizer cleaner for all dept 201.06 90756971 Multifold can liners equalizer cleaner for all dept 201.03 90756971 Multifold can liners equalizer cleaner for all dept 201.03 90756971 Multifold can liners equalizer cleaner for all dept 201.03 90756971 Multifold can liners equalizer cleaner for all dept 201.03 Total for Check Number 8974: 2,633.41
8975 641 Ferguson Enterprises LCC #686 05/30/2023
AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 1 (irty o,f Uving1sto1n
1416 C Stroot
Livingston, CA 95334
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
0566243 2 Tool bags for Al & Ruben 10.13
0566243 2 Tool bags for Al & Ruben 10.13
0566243 2 Tool bags for Al & Ruben 10.13
0566243 2 Tool bags for Al & Ruben 10.13
0566243-1 2 Set of Milwaukee tools for Al & Ruben 270.07 0566243-1 2 Set of Milwaukee tools for Al & Ruben 270.09 0566243-1 2 Set of Milwaukee tools for Al & Ruben 270.09 0566243-1 2 Set of Milwaukee tools for Al & Ruben 270.09 0590886 Flex hose & spring for CDC kitchen sink repair 169.52 Total for Check Number 8975: 1,290.38
8976 295 Ferguson Waterworks #1423 05/30/2023
1780389 Fittings 301.99
Total for Check Number 8976: 301.99
8977 188 Frontier 05/30/2023
2093943344 Pw Phone Service 05/15/2023-06/14/2023 214.06 Total for Check Number 8977: 214.06
8978 262 Gilton Solid Waste 05/30/2023
523324 14960 Vinewood- Green Waste & Box Rental P/Up 04/23 312.00 523672 14960 Vinewood Trash & Box Rental Pick up 04/2023 4,233.45 523673 2238 Walnut Ave Trash & Box Rental P/up 04/23 104.00 Total for Check Number 8978: 4,649.45
8979 1168 Herc Rentals, Inc. 05/30/2023
33477669-004 Final invoice of pick up of WWTP Emergency Temp backup generator 284.25 Total for Check Number 8979: 284.25
8980 358 Hilmar Ready Mix Rockery Nursery, LLC 05/30/2023 11999 Concrete for CH Walkway Area 202.03
Total for Check Number 8980: 202.03
8981 267 Hoffman Security 05/30/2023
624242 PW Security Services 06/01/2023-06/30/2023 93.00 624243 PW Office Security Service 06/01/2023-08/1/2023 75.00 624245 Sewer plant security system 06/01/2023-06/30/2023 36.95 Total for Check Number 8981: 204.95
8982 501 Hunt & Sons, Inc. 05/30/2023
80212 Fuel 05/08/2023 123.80
80212 Fuel 05/08/2023 69.51
80212 Fuel 05/08/2023 14.56
80212 Fuel 05/08/2023 26.50
80212 Fuel 05/08/2023 553.45
80212 Fuel 05/08/2023 26.48
80212 Fuel 05/08/2023 116.91
80212 Fuel 05/08/2023 47.66
80212 Fuel 05/08/2023 139.95
80212 Fuel 05/08/2023 5.30
80212 Fuel 05/08/2023 52.96
80212 Fuel 05/08/2023 29.13
80212 Fuel 05/08/2023 11.91
83775 Fuel 05/09/2023 31.27
83775 Fuel 05/09/2023 138.04
AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
83775 Fuel 05/09/2023 56.28
83775 Fuel 05/09/2023 34.39
83775 Fuel 05/09/2023 14.07
83775 Fuel 05/09/2023 165.24
83775 Fuel 05/09/2023 146.17
83775 Fuel 05/09/2023 62.53
83775 Fuel 05/09/2023 653.46
83775 Fuel 05/09/2023 31.25
83775 Fuel 05/09/2023 82.07
83775 Fuel 05/09/2023 17.20
83775 Fuel 05/09/2023 6.26
89879 Diesel 05/12/2023 11.65
89879 Fuel 05/12/2023 48.52
89879 Diesel 05/12/2023 51.43
89879 Fuel 05/12/2023 4.85
89879 Fuel 05/12/2023 113.40
89879 Diesel 05/12/2023 54.46
89879 Fuel 05/12/2023 10.92
89879 Fuel 05/12/2023 63.67
89879 Diesel 05/12/2023 20.97
89879 Fuel 05/12/2023 107.09
89879 Fuel 05/12/2023 24.26
89879 Fuel 05/12/2023 128.19
89879 Diesel 05/12/2023 11.66
89879 Diesel 05/12/2023 61.57
89879 Fuel 05/12/2023 24.26
89879 Fuel 05/12/2023 13.34
89879 Diesel 05/12/2023 12.81
89879 Diesel 05/12/2023 2.33
89879 Fuel 05/12/2023 506.96
89879 Diesel 05/12/2023 5.24
89879 Fuel 05/12/2023 43.66
89879 Diesel 05/12/2023 30.58
89879 Diesel 05/12/2023 23.30
89879 Diesel 05/12/2023 6.41
89879 Fuel 05/12/2023 26.68
89879 Diesel 05/12/2023 243.47
91362 Fuel 05/16/2023 11.45
91362 Fuel 05/16/2023 54.65
91362 Fuel 05/16/2023 37.48
91362 Fuel 05/16/2023 41.64
91362 Fuel 05/16/2023 9.37
91362 Fuel 05/16/2023 435.13
91362 Fuel 05/16/2023 20.82
91362 Fuel 05/16/2023 4.17
91362 Fuel 05/16/2023 110.03
91362 Fuel 05/16/2023 20.82
91362 Fuel 05/16/2023 91.92
91362 Fuel 05/16/2023 22.90
91362 Fuel 05/16/2023 97.33
Total for Check Number 8982: 5,265.74
8983 388 Interstate Battery System of Fresno 05/30/2023 92073941 Battery replacement for Generator @ PD 152.80
92073942 Battery replacement for Exp 02-15 & P-05 Explo PD Vehicle 329.30 Total for Check Number 8983: 482.10
8984 165 J L Analytical Services, Inc. 05/30/2023
AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
596258 Weekly lab testing wwtp & water sampling pick up 235.00 596258 Weekly lab testing wwtp & water sampling pick up 629.50 599219 Water sample pick up & weekly & Monthly lab testing for WWTP 1,246.00 599219 Water sample pick up & weekly & Monthly lab testing for WWTP 691.50 Total for Check Number 8984: 2,802.00
8985 167 Kimball Midwest 05/30/2023
101052572 Washers cable tie screws clamps for all dept 0.62 101052572 Washers cable tie screws clamps for all dept 0.23 101052572 Washer, cable tie, screws, clamps for all dept 19.29 101052572 Washer, cable tie, screws, clamps for all dept 22.50 101052572 Washers cable tie screws clamps for all dept 0.03 101052572 Washers cable tie screws clamps for all dept 0.17 101052572 Washers cable tie screws clamps for all dept 0.98 101052572 Washer, cable tie, screws, clamps for all dept 19.29 101052572 Washer, cable tie, screws, clamps for all dept 19.29 101052572 Washers cable tie screws clamps for all dept 0.99 101052572 Washer, cable tie, screws, clamps for all dept 19.29 101052572 Washers cable tie screws clamps for all dept 0.63 101052572 Washers cable tie screws clamps for all dept 2.63 101052572 Washers cable tie screws clamps for all dept 0.45 101052572 Washer, cable tie, screws, clamps for all dept 19.29 101052572 Washers cable tie screws clamps for all dept 0.71 101052572 Washer, cable tie, screws, clamps for all dept 22.50 101052572 Washers cable tie screws clamps for all dept 0.12 101052572 Washers cable tie screws clamps for all dept 0.76 101052572 Washers cable tie screws clamps for all dept 1.47 101052572 Washers cable tie screws clamps for all dept 1.11 101052572 Washers cable tie screws clamps for all dept 0.08 101052572 Washers cable tie screws clamps for all dept 1.77 101052572 Washers cable tie screws clamps for all dept 3.77 101052572 Washers cable tie screws clamps for all dept 0.18 101052572 Washers cable tie screws clamps for all dept 0.53 101052572 Washers cable tie screws clamps for all dept 0.06 101052572 Washers cable tie screws clamps for all dept 0.05 101052572 Washers cable tie screws clamps for all dept 0.29 101052572 Washers cable tie screws clamps for all dept 0.48 101052572 Washers cable tie screws clamps for all dept 0.72 101052572 Washers cable tie screws clamps for all dept 0.42 101052572 Washers cable tie screws clamps for all dept 0.01 Total for Check Number 8985: 160.71
8986 1218 Ladd Crane Service 05/30/2023
34110 Place Foul line poles @ Alvernaz Field 560.00
Total for Check Number 8986: 560.00
8987 1223 Hannia Lara 05/30/2023
2023-001 Facility Deposit Refund- Walnut CDC 05/20/2023 150.00 Total for Check Number 8987: 150.00
8988 1216 Merced County Indian Chambers 05/30/2023
2023 Beer Permit for 4th of July Event 75.00
Total for Check Number 8988: 75.00
8989 180 Mission Linen Service 05/30/2023
519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.45 AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.06 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.04 519307835 Uniform Service & Janitorial Supplies 05/17/2023 25.55 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.06 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.40 519307835 Uniform Service & Janitorial Supplies 05/17/2023 1.24 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.03 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.01 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.12 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.64 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.05 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.19 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.02 519307835 Uniform Service & Janitorial Supplies 05/17/2023 5.28 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.84 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.61 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.01 519307835 Uniform Service & Janitorial Supplies 05/17/2023 11.82 519307835 Uniform Service & Janitorial Supplies 05/17/2023 10.64 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.38 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.25 519307835 Uniform Service & Janitorial Supplies 05/17/2023 2.22 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.12 519307835 Uniform Service & Janitorial Supplies 05/17/2023 9.80 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.60 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.04 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.94 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.10 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.52 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.14 519307835 Uniform Service & Janitorial Supplies 05/17/2023 3.15 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.83 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.36 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.01 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.01 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.11 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.06 519307835 Uniform Service & Janitorial Supplies 05/17/2023 2.58 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.04 519307835 Uniform Service & Janitorial Supplies 05/17/2023 3.18 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.07 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.01 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.04 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.56 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.06 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.10 519307835 Uniform Service & Janitorial Supplies 05/17/2023 1.48 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.86 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.01 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.15 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.05 519307835 Uniform Service & Janitorial Supplies 05/17/2023 0.03 519307836 Uniform Service and Janitorial Supplies 05/17/2023 0.68 519307836 Uniform Service and Janitorial Supplies 05/17/2023 6.73 519307836 Uniform Service and Janitorial Supplies 05/17/2023 0.67 519307836 Uniform Service and Janitorial Supplies 05/17/2023 2.69 519307836 Uniform Service and Janitorial Supplies 05/17/2023 2.69 519307836 Uniform Service and Janitorial Supplies 05/17/2023 11.78 519307836 Uniform Service and Janitorial Supplies 05/17/2023 11.78 AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
519307836 Uniform Service and Janitorial Supplies 05/17/2023 11.79 519351130 Uniform Service & Janitorial Supplies 05/24/2023 3.15 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.03 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.01 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.56 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.86 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.06 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.52 519351130 Uniform Service & Janitorial Supplies 05/24/2023 9.80 519351130 Uniform Service & Janitorial Supplies 05/24/2023 10.64 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.06 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.04 519351130 Uniform Service & Janitorial Supplies 05/24/2023 3.18 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.36 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.83 519351130 Uniform Service & Janitorial Supplies 05/24/2023 2.22 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.40 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.19 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.06 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.60 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.06 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.05 519351130 Uniform Service & Janitorial Supplies 05/24/2023 1.24 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.25 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.04 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.12 519351130 Uniform Service & Janitorial Supplies 05/24/2023 5.28 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.15 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.64 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.61 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.01 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.01 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.01 519351130 Uniform Service & Janitorial Supplies 05/24/2023 25.55 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.94 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.38 519351130 Uniform Service & Janitorial Supplies 05/24/2023 11.82 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.45 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.05 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.10 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.04 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.07 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.12 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.01 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.04 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.14 519351130 Uniform Service & Janitorial Supplies 05/24/2023 2.58 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.10 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.01 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.03 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.02 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.84 519351130 Uniform Service & Janitorial Supplies 05/24/2023 1.48 519351130 Uniform Service & Janitorial Supplies 05/24/2023 0.11 519351131 Uniform Service and Janitorial Supplies 05/24/2023 11.78 519351131 Uniform Service and Janitorial Supplies 05/24/2023 11.78 519351131 Uniform Service and Janitorial Supplies 05/24/2023 2.69 519351131 Uniform Service and Janitorial Supplies 05/24/2023 11.79 519351131 Uniform Service and Janitorial Supplies 05/24/2023 0.68 AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
519351131 Uniform Service and Janitorial Supplies 05/24/2023 6.73 519351131 Uniform Service and Janitorial Supplies 05/24/2023 0.67 519351131 Uniform Service and Janitorial Supplies 05/24/2023 2.69 Total for Check Number 8989: 271.46
8990 194 Modesto Welding Products 05/30/2023
134654 Tank Rental 8.00
134654 Tank Rental 8.00
134654 Tank Rental 8.00
Total for Check Number 8990: 24.00
8991 1161 Armando Moreno 05/30/2023
2023-004 Park Deposit Refund- Memorial Park 05/20/2023 150.00 Total for Check Number 8991: 150.00
8992 459 Municipal Maintenance Equipment 05/30/2023
008463 Temperature transducer for street sweeper 202.94 Total for Check Number 8992: 202.94
8993 635 Normac- Modesto 05/30/2023
0010625600-001 12 Sprinklers for replacement at Ark Park 595.78 Total for Check Number 8993: 595.78
8994 199 Northstar Chemical 05/30/2023
252434 Sodium hypochlotire for well 16 2,677.09
252435 Sodium hypochlotire for well 17 1,297.98
252436 Sodium hypochlotire for well 13 1,379.11
252621 Sodium hypochlotire for well 11 784.88
252622 Sodium hypochlotire for well 12 476.65
252623 Sodium hypochlotire for well 17 1,979.67
252807 Sodium hypochlotire for well 16 1,112.17
252809 Sodium hypochlotire for well 8 905.63
Total for Check Number 8994: 10,613.18
8995 205 Paramount Pest Services 05/30/2023
2305-00498 Pest Control- Corpyard 05/12/2023 51.00
Total for Check Number 8995: 51.00
8996 203 PG&E 05/30/2023
0154346521-3 Monthly Service for Campbell Ave & Man street 03/29-04/27/23 6.67 4832044416-8 Monthly Service for 936 Dwight AVe 03/22/23-04/20/2023 458.07 Total for Check Number 8996: 464.74
8997 405 Premier Access Insurance Company 05/30/2023
Claims 05/17/23 Claims 05/17/2023 502.20
Claims 05/17/23 Claims 05/17/2023 4.32
Claims 05/17/23 Claims 05/17/2023 0.24
Claims 05/17/23 Claims 05/17/2023 3.00
Claims 05/17/23 Claims 05/17/2023 4.20
Claims 05/17/23 Claims 05/17/2023 0.24
Total for Check Number 8997: 514.20
8998 1221 Monica Pulido 05/30/2023
AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 7 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
2023-001 Park Deposit Refund - 05/20/2023 Max foster 150.00 Total for Check Number 8998: 150.00
8999 1219 Salomon Ramos 05/30/2023
2023-001 Event Cancelled- Park Deposit Refund 07/01/2023 Memorial Park 150.00 2023-002 Event Cancelled- Park Rental & Elec Refund 07/01/2023 Mem Park 55.00 Total for Check Number 8999: 205.00
9000 433 Razzari Ford 05/30/2023
6165538-1 Repairs on P6-PD Veh- Parts 781.57
6165538-1 Repairs on P6-PD Veh- Labor 1,098.00
Total for Check Number 9000: 1,879.57
9001 1217 Recycle Away, LLC 05/30/2023
00042400 4 55 Gallons recycling cans 4,540.90
Total for Check Number 9001: 4,540.90
9002 265 Resourceability 05/30/2023
5-006L SB 1383 Cal Recycle Livingston MCR MOR 03/01/23-03/31/23 1,334.08 Total for Check Number 9002: 1,334.08
9003 386 S & N Auto Services, INC. 05/30/2023
92560 AC Service repairs on PD Vehicle- Labor 80.00
92560 AC Service repairs on PD Vehicle- Parts 43.50
92567 AC Service repair on Rubens work truck 06-45- Parts 9.14 92567 AC Service repair on Rubens work truck 06-45- Parts 9.12 92567 AC Service repair on Rubens work truck 06-45- Parts 54.81 92567 AC Service repair on Rubens work truck 06-45-Labor 8.00 92567 AC Service repair on Rubens work truck 06-45-Labor 8.00 92567 AC Service repair on Rubens work truck 06-45- Parts 9.14 92567 AC Service repair on Rubens work truck 06-45-Labor 48.00 92567 AC Service repair on Rubens work truck 06-45-Labor 8.00 92567 AC Service repair on Rubens work truck 06-45-Labor 8.00 92567 AC Service repair on Rubens work truck 06-45- Parts 9.14 Total for Check Number 9003: 294.85
9004 208 Saenz Pest Control, Inc. 05/30/2023
16213 CDC Pest Control Service 04/2023 127.00
Total for Check Number 9004: 127.00
9005 407 San Joaquin Valley Air Pollution Control District. 05/30/2023 N157496 23/24 Annual Permit to operate at Joseph Gallo CT Well 15 143.00 N157533 23/24 Annual Permit to operate at Campbell & Stefani 143.00 N157632 23/24 Annual Permit to operate generator- City Hall/ Fire 71.50 N157632 23/24 Annual Permit to operate generator- City Hall/ Fire 71.50 Total for Check Number 9005: 429.00
9006 439 Sharpening Shop 05/30/2023
398381 50- Edge blades & 4 Lawn Wheels for E-10-29 200.71 398381 50- Edge blades & 4 Lawn Wheels for E-10-24 7.52 398381 50- Edge blades & 4 Lawn Wheels for E-10-04 0.63 398381 50- Edge blades & 4 Lawn Wheels for E-10-16 6.45 398381 50- Edge blades & 4 Lawn Wheels for E-10-05 4.42 398381 50- Edge blades & 4 Lawn Wheels for E-10-03 1.87 AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 8 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
398381 50- Edge blades & 4 Lawn Wheels for E-10-26 0.35 398381 50- Edge blades & 4 Lawn Wheels for E-10-09 4.71 398381 50- Edge blades & 4 Lawn Wheels for E-10-07 6.85 398381 50- Edge blades & 4 Lawn Wheels for E-10-11 0.51 398381 50- Edge blades & 4 Lawn Wheels for E-10-13 10.20 398381 50- Edge blades & 4 Lawn Wheels for E-10-18 11.60 398381 50- Edge blades & 4 Lawn Wheels for E-10-06 3.08 398381 50- Edge blades & 4 Lawn Wheels for E-10-25 5.00 398381 50- Edge blades & 4 Lawn Wheels for E-10-23 10.36 398381 50- Edge blades & 4 Lawn Wheels for E-10-21 15.28 398381 50- Edge blades & 4 Lawn Wheels for E-10-19 7.40 398381 50- Edge blades & 4 Lawn Wheels for E-10-08 2.31 398381 50- Edge blades & 4 Lawn Wheels for E-10-15 0.75 398381 50- Edge blades & 4 Lawn Wheels for E-10-12 1.21 398381 50- Edge blades & 4 Lawn Wheels for E-10-22 5.54 398381 50- Edge blades & 4 Lawn Wheels for E-10-20 39.23 398381 50- Edge blades & 4 Lawn Wheels for E-10-10 1.76 398381 50- Edge blades & 4 Lawn Wheels for E-10-27 0.15 398381 50- Edge blades & 4 Lawn Wheels for E-10-14 27.37 398381 50- Edge blades & 4 Lawn Wheels for E-10-17 7.91 398381 50- Edge blades & 4 Lawn Wheels for E-10-28 18.26 398780 Toro Mower 15-82 Air filter replacement 0.03
398780 Toro Mower 15-82 Air filter replacement 0.16
398780 Toro Mower 15-82 Air filter replacement 0.04
398780 Toro Mower 15-82 Air filter replacement 0.05
398780 Toro Mower 15-82 Air filter replacement 0.17
398780 Toro Mower 15-82 Air filter replacement 0.97
398780 Toro Mower 15-82 Air filter replacement 0.70
398780 Toro Mower 15-82 Air filter replacement 0.29
398780 Toro Mower 15-82 Air filter replacement 0.64
398780 Toro Mower 15-82 Air filter replacement 0.41
398780 Toro Mower 15-82 Air filter replacement 0.11
398780 Toro Mower 15-82 Air filter replacement 18.83
398780 Toro Mower 15-82 Air filter replacement 1.43
398780 Toro Mower 15-82 Air filter replacement 0.71
398780 Toro Mower 15-82 Air filter replacement 0.45
398780 Toro Mower 15-82 Air filter replacement 0.01
398780 Toro Mower 15-82 Air filter replacement 0.74
398780 Toro Mower 15-82 Air filter replacement 1.71
398780 Toro Mower 15-82 Air filter replacement 0.47
398780 Toro Mower 15-82 Air filter replacement 0.07
398780 Toro Mower 15-82 Air filter replacement 0.61
398780 Toro Mower 15-82 Air filter replacement 0.96
398780 Toro Mower 15-82 Air filter replacement 1.09
398780 Toro Mower 15-82 Air filter replacement 2.56
398780 Toro Mower 15-82 Air filter replacement 0.22
398780 Toro Mower 15-82 Air filter replacement 3.68
398780 Toro Mower 15-82 Air filter replacement 0.52
Total for Check Number 9006: 439.06
9007 309 St. Francis Electric 05/30/2023
18117398 Livingston TS Maintenance April 2023 475.00
18117399 Traffic Signal Maintenance for April 2023 Response 3,842.00 Total for Check Number 9007: 4,317.00
9008 412 State of California Department of Transportation 05/30/2023 578.67 Street light signal Maintenance Jan-March 2023 578.67 AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 9 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 9008: 578.67
9009 440 Target Specialty Products 05/30/2023
INV501142519 (8) jugs of Cheetah Pro Herbicide 1,245.16 INV501142519 (8) jugs of Cheetah Pro Herbicide 1,245.16 Total for Check Number 9009: 2,490.32
9010 692 Tesco Controls, Inc. 05/30/2023
0079734-IN SCADA Well 17 Diagnostics 637.50
Total for Check Number 9010: 637.50
9011 1222 Tim Torres 05/30/2023
2023-001 Park Deposit Refund- Ark Park 05/17/2023 150.00 Total for Check Number 9011: 150.00
9012 600 United Rotary Brush Corp. 05/30/2023
CI297448 Sweeper brushes replacement 1,967.19
CI297448 Sweeper brushes replacement 1,967.20
Total for Check Number 9012: 3,934.39
9013 597 Work Wellness 05/30/2023
154759 Basic Physical Exam Work Wellness UDS William Figueroa 155.00 Total for Check Number 9013: 155.00
Total for 5/30/2023: 58,699.36
9014 250 Alhambra 06/06/2023
14654651 052823 Drinking water for City Hall & Fire 05/10 & 05/25 37.97 14654651 052823 Drinking water for City Hall & Fire 05/10 & 05/25 239.28 Total for Check Number 9014: 277.25
9015 393 California State Disbursement Unit 06/06/2023
05272023 Case # 200000000434371 & 200000001251470 PR Ending 05/27/2023 512.76 052723 Case # 0993764321-01 Ending 05/27/2023 123.07
Total for Check Number 9015: 635.83
9016 1225 Berta Cervantes 06/06/2023
2023-001 Park Deposit Refund- Max Foster 05/27/2023 150.00 2023-002 PArk Rental Fee Refund- Max Foster 05/27/2023 55.00 Total for Check Number 9016: 205.00
9017 260 First Communications, LLC 06/06/2023
125346518 Fire Dept- Long Distance Phone Service 05/2023 16.08 Total for Check Number 9017: 16.08
9018 188 Frontier 06/06/2023
2091980133 Frontier 2 Way Radio Circuit 05/15/2023-06/14/2023 33.03 2091980133 Frontier 2 Way Radio Circuit 05/15/2023-06/14/2023 5.25 2091980133 Frontier 2 Way Radio Circuit 05/15/2023-06/14/2023 20.27 2091980133 Frontier 2 Way Radio Circuit 05/15/2023-06/14/2023 7.51 2091980133 Frontier 2 Way Radio Circuit 05/15/2023-06/14/2023 4.50 AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 10 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
2091980133 Frontier 2 Way Radio Circuit 05/15/2023-06/14/2023 4.51 2093942067 Child Dev Phone Service 05/15/2023-06/14/2023 65.46 2093943954 Senior Phone Service 05/15/2023-06/14/2023 72.30 2093947919 Fire Dept Phone Service 05/15/2023-06/14/2023 159.36 2093948041 Main Street Phone Service 05/15/2023-06/14/2023 72.60 2093948041 Main Street Phone Service 05/15/2023-06/14/2023 192.62 2093948041 Main Street Phone Service 05/15/2023-06/14/2023 320.51 2093948041 Main Street Phone Service 05/15/2023-06/14/2023 35.02 2093948041 Main Street Phone Service 05/15/2023-06/14/2023 35.02 2093948041 Main Street Phone Service 05/15/2023-06/14/2023 13.42 2093948041 Main Street Phone Service 05/15/2023-06/14/2023 52.52 2093948041-001 Fiber Optic Service 05/15/2023-06/14/2023 121.01 2093948041-001 Fiber Optic Service 05/15/2023-06/14/2023 56.18 2093948041-001 Fiber Optic Service 05/15/2023-06/14/2023 99.40 2093948041-001 Fiber Optic Service 05/15/2023-06/14/2023 164.22 2093948041-001 Fiber Optic Service 05/15/2023-06/14/2023 164.23 2093948041-001 Fiber Optic Service 05/15/2023-06/14/2023 99.40 2093948041-001 Fiber Optic Service 05/15/2023-06/14/2023 164.23 2093948041-001 Fiber Optic Service 05/15/2023-06/14/2023 99.40 2093948041-001 Fiber Optic Service 05/15/2023-06/14/2023 56.18 2093948041-001 Fiber Optic Service 05/15/2023-06/14/2023 416.33 Total for Check Number 9018: 2,534.48
9019 262 Gilton Solid Waste 06/06/2023
2023-001 Sanitation Contract Services 05/01-05/31/2023 101,911.35 Total for Check Number 9019: 101,911.35
9020 267 Hoffman Security 06/06/2023
624240 Daycare center alarm system 06/01/2023-06/30/2023 143.00 624241 Concession Stand Alarm System 06/09/2023-08/31/2023 192.00 624244 Museum Alarm System 06/01/2023-06/30/2023 50.95
Total for Check Number 9020: 385.95
9021 878 Laura Hurtado 06/06/2023
2023-001 Park Deposit Refund- 05/28/2023 Memorial Park 150.00 Total for Check Number 9021: 150.00
9022 296 Image Source 06/06/2023
25AR838330 Copy Room Copies and Prints 04/20/2023-05/19/2023 346.43 25AR838330 HR Copies and Prints 04/20/2023-05/19/2023 23.78 25AR838330 HR Copies and Prints 04/20/2023-05/19/2023 23.78 25AR838330 HR Copies and Prints 04/20/2023-05/19/2023 23.78 25AR838330 Copy Room Copies and Prints 04/20/2023-05/19/2023 29.00 25AR838330 HR Copies and Prints 04/20/2023-05/19/2023 23.78 25AR838330 HR Copies and Prints 04/20/2023-05/19/2023 23.78 25AR838330 Copy Room Copies and Prints 04/20/2023-05/19/2023 521.78 25AR838330 HR Copies and Prints 04/20/2023-05/19/2023 23.78 25AR838330 Copy Room Copies and Prints 04/20/2023-05/19/2023 10.39 25AR838330 HR Copies and Prints 04/20/2023-05/19/2023 23.78 25AR838330 HR Copies and Prints 04/20/2023-05/19/2023 23.78 25AR838330 HR Copies and Prints 04/20/2023-05/19/2023 23.78 25AR838330 Copy Room Copies and Prints 04/20/2023-05/19/2023 10.39 25AR838330 Copy Room Copies and Prints 04/20/2023-05/19/2023 10.31 25AR838330 Copy Room Copies and Prints 04/20/2023-05/19/2023 1.98 Total for Check Number 9022: 1,144.30
AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 11 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
9023 1226 Maria Jau 06/06/2023
2023-001 Park Deposit Refund- Max Foster 05/28/2023 150.00 2023-002 Amount Keep (Trash left behind)- Max Foster 05/28/2023 -17.50 Total for Check Number 9023: 132.50
9024 1227 James Linan Jr 06/06/2023
2023-001 Park Deposit Refund- Memorial Park 05/27/2023 150.00 Total for Check Number 9024: 150.00
9025 278 Merced Irrigation District 06/06/2023
00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 18.99 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 86.42 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 271.65 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 156.44 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 11.90 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 286.15 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 152.28 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 37.99 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 309.55 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 22.49 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 86.58 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 184.10 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 9,369.77 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 350.18 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 9,326.86 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 140.10 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 59.14 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 39.95 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 6,107.68 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 168.67 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 328.54 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 168.67 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 175.78 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 129.73 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 185.57 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 525.28 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 210.18 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 208.63 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 37.99 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 65.93 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 43.21 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 11.24 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 46.47 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 838.44 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 101.20 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 75.95 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 86.42 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 37.99 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 182.61 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 125.29 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 93.35 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 7.99 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 22.49 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 6,726.26 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 14.78 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 224.61 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 1,157.58 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 189.95 AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 12 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 123.98 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 18.99 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 92.18 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 1,313.28 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 4,621.80 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 11.90 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 226.40 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 22.49 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 1,069.45 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 37.99 00000070-0523 City Gas & Electric 03/31/2023-04/30/2023 300.66 Total for Check Number 9025: 47,048.14
9026 180 Mission Linen Service 06/06/2023
519387684 Janitorial Services Council Chambers 05/31/2023 16.04 519387685 Janitorial Services City Hall 05/31/2023 77.76 519387686 Janitorial Services Senior Center 05/31/2023 11.88 Total for Check Number 9026: 105.68
9027 302 Office Depot, Inc./ODP Business Solutions, LLC 06/06/2023 306318022001 Office Supplies for Front Staff 69.34
314577228001 Office Supplies- Paper for copier 85.96
314577228001 Office Supplies for front staff 1.42
314577228001 Office Supplies for Front Staff- Paper for copier 85.97 Total for Check Number 9027: 242.69
9028 203 PG&E 06/06/2023
0008187881-1 Nuclear Deco Charges March 2023 16.87
7095488380-0520 Utility Services 04/2023-05/2023 1.51
7095488380-0520 Utility Services 04/2023-05/2023 673.59 7095488380-0520 Utility Services 04/2023-05/2023 34.19
7095488380-0520 Utility Services 04/2023-05/2023 30.55
7095488380-0520 Utility Services 04/2023-05/2023 5.47
7095488380-0520 Utility Services 04/2023-05/2023 19.04
7095488380-0520 Utility Services 04/2023-05/2023 16.34
7095488380-0520 Utility Services 04/2023-05/2023 22.17
7095488380-0520 Utility Services 04/2023-05/2023 292.52 7095488380-0520 Utility Services 04/2023-05/2023 1.86
7095488380-0520 Utility Services 04/2023-05/2023 14.72
7095488380-0520 Utility Services 04/2023-05/2023 203.84 7095488380-0520 Utility Services 04/2023-05/2023 4,468.29 7095488380-0520 Utility Services 04/2023-05/2023 23,469.05 7095488380-0520 Utility Services 04/2023-05/2023 9.08
7095488380-0520 Utility Services 04/2023-05/2023 53.80
7095488380-0520 Utility Services 04/2023-05/2023 1,177.49 7095488380-0520 Utility Services 04/2023-05/2023 3.55
7095488380-0520 Utility Services 04/2023-05/2023 1.04
7095488380-0520 Utility Services 04/2023-05/2023 45.06
7095488380-0520 Utility Services 04/2023-05/2023 23.82
7095488380-0520 Utility Services 04/2023-05/2023 13.04
7095488380-0520 Utility Services 04/2023-05/2023 1,572.01 7095488380-0520 Utility Services 04/2023-05/2023 6.81
7095488380-0520 Utility Services 04/2023-05/2023 23,041.88 7095488380-0520 Utility Services 04/2023-05/2023 20.21
7095488380-0520 Utility Services 04/2023-05/2023 30.08
7095488380-0520 Utility Services 04/2023-05/2023 38.77
7095488380-0520 Utility Services 04/2023-05/2023 0.44
AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 13 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
7095488380-0520 Utility Services 04/2023-05/2023 80.69
7095488380-0520 Utility Services 04/2023-05/2023 23.31
7095488380-0520 Utility Services 04/2023-05/2023 115.68 7095488380-0520 Utility Services 04/2023-05/2023 2.20
7095488380-0520 Utility Services 04/2023-05/2023 21.80
7095488380-0520 Utility Services 04/2023-05/2023 13.90
7095488380-0520 Utility Services 04/2023-05/2023 371.62 7095488380-0520 Utility Services 04/2023-05/2023 5.20
Total for Check Number 9028: 55,941.49
9029 1228 Mia Alexandria Rascon 06/06/2023
PPE 2/04/23 457 Def Comp PPE 02/04/2023 8.72
PPE 2/18/2023 457 Def Comp PPE 02/18/2023 4.65
Total for Check Number 9029: 13.37
9030 408 Sapien Family Trust 06/06/2023
06/2023 Senior Center Monthly Rent ( 420 Main Street) 1,000.00 Total for Check Number 9030: 1,000.00
9031 307 Shred-It, C/O Stericycle, Inc. 06/06/2023
8003927979 City Hall Shred IT Services 04/18/2023 & 05/16/2023 477.47 Total for Check Number 9031: 477.47
9032 310 Totlcom, Inc. 06/06/2023
322149 Gold Partner Support- June 2023 18.55
322149 Gold Partner Support- June 2023 109.27
322149 Gold Partner Support- June 2023 20.67
322149 Gold Partner Support- June 2023 25.76
322149 Gold Partner Support- June 2023 38.50
322149 Gold Partner Support- June 2023 169.97
Total for Check Number 9032: 382.72
9033 422 U.S. Bank Corporate Payment Systems 06/06/2023 AC001 3 8 ft blue cenches for fred worden park 2,440.20 AL001 Bay Painting at Fire Dept 326.43
AL002 Clean up paint for Fire Bldg 22.07
AL003 Drain cleaner for the PD Restroom 9.15
AL004 Hardware for green mower 1st 14.18
AL005 Cleaner bathroom foamer brush to clean up rec bdlg 25.60 AP001 Returned ipad case not water proof -26.93
AP002 Replcement charger for Selene's iphone & 1 spare 3.24 AP002 Replcement charger for Selene's iphone & 1 spare 0.48 AP002 Replcement charger for Selene's iphone & 1 spare 1.94 AP002 Replcement charger for Selene's iphone & 1 spare 1.94 AP002 Replcement charger for Selene's iphone & 1 spare 0.48 AP002 Replcement charger for Selene's iphone & 1 spare 3.23 AP002 Replcement charger for Selene's iphone & 1 spare 3.22 AP002 Replcement charger for Selene's iphone & 1 spare 4.85 AP003 Plastic cups for staff 1.08
AP003 Plastic cups for staff 1.08
AP003 Plastic cups for staff 1.07
AP003 Plastic cups for staff 1.08
AP003 Plastic cups for staff 1.08
AP004 Urinal Screen for park fac restroom 50.36
AP005 Parks air freshner for fac restrooms 56.88
AP006 Excavations safety training for Ramiro & Dustin 161.80 AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 14 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
AP006 Excavations safety training for Ramiro & Dustin 162.00 AP007 Labels for Equipment 14.61
AP008 Rplacement Phone case & screen protector for Ramiro 10.59 AP008 Rplacement Phone case & screen protector for Ramiro 10.63 AP008 Wireless keyboard for Anthony C 10.64
AP008 Rplacement Phone case & screen protector for Ramiro 10.59 AP008 Wireless keyboard for Anthony C 10.64
AP009 Certified Mailing for solid waste revised schedulr for LIV RFP 24.39 AP010 Pw National Week Luncheon 23.34
CH001 Fuel for Chief Vehicle 85.89
CH002 Fuel for Chief Vehicle 80.67
CH003 Fuel for Chief Vehicle 88.96
CL001 Coffee for City Hall 36.99
CL002 Lunch meeting 45.37
CL003 Travel expense- One voice trip 30.00
CL004 Travel expense- One voice trip 23.92
CL005 Travel expense- One voice trip 12.85
CL006 Travel expense- One voice trip 29.00
CL007 Travel expense- One voice trip 12.78
CL008 Travel expense- One voice trip 9.72
CL009 Travel expense- One voice trip 82.32
CL010 Travel expense- One voice trip 13.12
CL011 Travel expense- One voice trip 16.99
CL012 Travel expense- One voice trip 7.00
CL013 Travel expense- One voice trip 30.00
CL014 Travel expense- One voice trip 27.92
CL015 Travel expense- One voice trip 29.00
CL016 Travel expense- One voice trip 10.58
CL017 Travel expense- One voice trip 240.00
CL018 Travel expense- One voice trip 16.14
CL019 Travel expense- One voice trip 1,059.78
CL020 Travel expense- One voice trip 16.00
CL021 Travel expense- One voice trip 503.22
CL022 Fuel for Sgt. Burkus Vehicle - Chief Hale Pocession 40.13 DS001 Magnetic Flexible Camera Mounts 168.63
DS002 Under carry bullet proof vest cover- Cotta 98.08
DS003 Officer of the year dinner 240.00
E396 Fuel for Engine E-696 175.00
FC001 Sprinkler replacement for parks 99.36
FC002 Sprayer hold roller refill paint brush 31.52
FC003 Drip System supplies for Bridgeport village 128.57 FC004 Max Foster Park Irrigation repair elbow 50.32
FC005 6 filters for Bridgeport Village LMD 190.70
FC005 2 Couplings 4 PVC Alvernaz field irrigation 62.17 FC006 PVC pipe for irrigation repair at Lucero Park 55.94 FC007 Scrubber valves PVC for Lucero park irrigation 411.42 FC008 Epoxy clay cold weld for parks restrooms 8.61
FC009 Anchors for bench chair @ Fred Worden 25.73
FT001 Protective Coverals for Sewer 70.58
FT001 Protective Coverals for Sewer 70.57
FT002 Protective coverals for sprayering weeds 0.52
FT002 Protective coverals for sprayering weeds 0.44
FT002 Protective coverals for sprayering weeds 3.31
FT002 Protective coverals for sprayering weeds 3.50
FT002 Protective coverals for sprayering weeds 3.89
FT002 Protective coverals for sprayering weeds 12.83
FT002 Protective coverals for sprayering weeds 1.30
FT002 Protective coverals for sprayering weeds 19.21
FT002 Protective coverals for sprayering weeds 0.10
AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 15 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
FT002 Protective coverals for sprayering weeds 10.73
FT002 Protective coverals for sprayering weeds 4.53
FT002 Protective coverals for sprayering weeds 7.27
FT002 Protective coverals for sprayering weeds 3.10
FT002 Protective coverals for sprayering weeds 2.16
FT002 Protective coverals for sprayering weeds 27.54
FT002 Protective coverals for sprayering weeds 0.25
FT002 Protective coverals for sprayering weeds 0.85
FT002 Protective coverals for sprayering weeds 5.55
FT002 Protective coverals for sprayering weeds 4.81
FT002 Protective coverals for sprayering weeds 8.14
FT002 Protective coverals for sprayering weeds 7.16
FT002 Protective coverals for sprayering weeds 5.19
FT002 Protective coverals for sprayering weeds 5.28
FT002 Protective coverals for sprayering weeds 1.24
FT002 Protective coverals for sprayering weeds 1.62
FT002 Protective coverals for sprayering weeds 0.36
FT003 Fuel line for front loader tractor 17.25
FT004 Niple for fuel tank E-06-07 5.40
FT005 32 pc bit set & 1 gal jug of antifreeze for John Deere Trator 06 25.54 FT005 32 pc bit set & 1 gal jug of antifreeze for John Deere Trator 06 17.54 FT006 2 pk Sharpie for shop & fitting 172.66
FT006 2 pk Sharpie for shop & fitting 12.64
FT007 Credit on Warranty from invoice 3654-490928 Disc pad & rotors P3 -455.27 FT008 Black spraypaint flat steel tubing to repair- Ark Park 183.68 FT009 Repair- Toro Mower 15-82 Spraypaint & bolts 11.65 FT010 Park bench repair for Gallo Park 66.66
FT011 Belt air sander 30.30
FT012 Joseph Gallo bench repair 288.00
FT013 Park Bench repair Gallo Park 234.36
FT014 Park Bench repair Gallo Park 17.23
FT015 Park Bench repair Gallo Park 16.15
FT016 Park Bench repair Gallo Park 5.06
FT017 Park Bench repair Gallo Park 5.06
HB001 TM- T88V Thermal Printer 63.30
HB001 TM- T88V Thermal Printer 63.30
HB001 TM- T88V Thermal Printer 63.31
HB001 TM- T88V Thermal Printer 63.30
HB002 Adobe Monthly Subscription 5/2023-06/2023 143.94
JB001 Office supplies- Plastic binding combs 14.00
JB002 Color run promo 1.08
JB003 Banner- Pool Rules 139.84
JB004 Lifeguard Uniforms 315.31
JB005 Banner for Swimming Lessons 63.96
JB005 Banner for July Fest 206.71
JB006 Baseball Labels HTV 21.54
JB007 Jr Giants Baseball Labels HTV 26.91
JB008 Garden Hose 259.12
JB009 Junior Giants Summer Ball- Water blaster waterslide water balloo 394.28 JB010 Banner- 4th of July event 81.14
JC001 Torch for Bact Keys 65.65
JC002 Water treatment 3 exam for Jesus C 102.65
JC003 80 lb bag of concrete mix for water repair 15.06
JC004 Full set of water keys for Lalo 50.09
JC005 Male Brass coupler rubber hose nozzle for repair 45.63 JC006 Coupling hose barb for repair 2.16
JL001 Ipad case replacement for WWTp Ipad 39.84
JL002 Mouse Pad for WWTP office computer 15.06
JL003 Grease Gun 204.59
AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 16 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
JL004 Submersible dewatering pump 229.18
JL004 Submersible dewatering pump 229.19
JL005 Iphone 11 case replacement- Jose 32.96
JL006 Milwaukee 18V Cordless Gress Gun 300.62
JL007 Cam Lock for Submesible pump at WWTP 17.86
JLa001 Air Filter replacement 22-13 36.50
JLa002 oil & fuel filter & air filter for Fire E-696 155.80 JLa003 Cabin Filter for Sewer Tractor E06-07 79.39
JLa004 Air Filters for Tractor Sewer 06-07 120.40
JLa005 Evaporator Cleaner for tractor E-06-07 31.94
JLa006 Xlarge black nitrile gloves 28.01
JLa006 Xlarge black nitrile gloves 28.01
JLa006 Xlarge black nitrile gloves 28.01
JLa006 Xlarge black nitrile gloves 28.02
JLa006 Xlarge black nitrile gloves 28.01
JLa007 4 oil filter & 3 5. qt synthetic oil 45.58
JLa007 4 oil filter & 3 5. qt synthetic oil 7.38
JLa007 4 oil filter & 3 5. qt synthetic oil 12.68
JLa007 4 oil filter & 3 5. qt synthetic oil 50.87
JLa008 Battery & Filter replacement E-01-57 151.67
JLa009 Front brake pads & rotors for repair 459.56
JLa010 Large Black Nitrile Gloves 64.64
JLa010 Large Black Nitrile Gloves 32.32
JLa010 Large Black Nitrile Gloves 32.32
JLa010 Large Black Nitrile Gloves 32.33
JLa011 Deff Fluid engine paint brake cleaner 28.52
JLa011 Deff Fluid engine paint brake cleaner 58.42
JLa011 Deff Fluid engine paint brake cleaner 16.53
JLa011 Deff Fluid engine paint brake cleaner 16.53
JLa011 Deff Fluid engine paint brake cleaner 28.50
JLa012 Disc pads & brake rotors for repair on Rubens work truck 06-45 46.29 JLa012 Disc pads & brake rotors for repair on Rubens work truck 06-45 46.30 JLa012 Disc pads & brake rotors for repair on Rubens work truck 06-45 46.29 JLa012 Disc pads & brake rotors for repair on Rubens work truck 06-45 46.29 JLa012 Disc pads & brake rotors for repair on Rubens work truck 06-45 277.75 JR001 Fuel for Lt. Ramirez Vehicle 31.01
JR002 Fuel for Lt. Ramirez Vehicle 43.28
JR003 Post Management School- Ramirez 622.40
JR004 Fuel foe Lt. Ramirez vehicle 48.50
LC001 Cancelled Hotel stay reservation for council member JT Mann 399.00 LCC001 Travel Expense- One Voice Trip- Moran 20.54
LCC002 Travel Expense- One Voice Trip Moran 4.00
LCC003 Travel Expense- One Voice Trip Moran 716.58
LCC004 Travel Expense- One Voice Trip Moran 358.29
LG001 Engine 96 Ladder Inspection 1,004.00
LPD001 Fuel for Meeting- Jason 42.77
LPD002 Public safety meet & greet supplies 264.08
LPD003 Public safety meet & greet supplies 41.03
LPD004 Fuel for mounted unit for Santa Clara Trip 89.29 LPD005 Fuel for mounted unit for Santa Clara Trip 39.40 LPD006 Fuel for mounted unit for Santa Clara Trip 129.21 LPD1 ILGIA Training- Becerra & Villarreal 244.16
LPD2 Public Safety Meet & Greet Supplies 47.92
MA001 CLEARS Chapter Meeting- Arevelo 60.00
MA002 Fuel for training- Arevelo 52.24
MA003 Hotel for warrant conference- Arevalo 904.23
MA004 Hotel for warrant conference- Arevalo 9.29
MAB001 Ink Cartriges for Planning Dept 122.81
MAB002 Notice of Exemption for Juan Maldonado SPDR 2022-02 & CUP 2022- 52.50 AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 17 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
MC001 Recording of Bond & Oath for Notary License 41.50 MC002 Flowers for Alexis Jenkins- New Baby 99.89
MC003 Snacks for Council/Planning Workshop`` 50.06
MC003 Snacks for Council/Planning Workshop 12.51
MC003 Printer for Christopher Office 423.62
MC004 Snacks for Council/Planning Workshop 2.44
MC004 Snacks for Council/Planning Workshop 9.78
MC005 Snacks for Council/Planning Workshop 29.28
MC005 Snacks for Council/Planning Workshop 7.32
MC006 Coffe Cups for City Hall staff 76.98
MC007 JAMF Subscription 92.00
MC008 Huddle Team Monthly Subscription 7.00
MC009 Pizza for City Hall PD & PW 265.14
MC010 Flowers for The Hale Family 193.03
RDT001 Drill bits to take batheroon doors off memorial 31.24 RDT002 Drill bits for doors at memorial bathroom 12.90
RDT003 Deadbolt for restroom Memorial Park 49.55
RDT004 Thermostat cover for walnut snack bar 15.06
RT002 Backpack sprayer for Well & lift station weed control 150.84 RT003 Coupling bushing PVC Pipe for backflow repair 57.29 RT004 ABS Cement plug & adapter for Chev cleanout 11.63 RTo001 Tools for Ramiro Work truck 77.85
RTo001 Tools for Ramiro Work truck 77.87
TA001 WWTP Phone Service 04/15/2023-05/14/2023 608.89
TA002 SCADA Well 17 04/15/2023-05/14/2023 405.93
TA003 Pw Phone Service 04/15/2023-05/14/2023 690.53
TA004 Pw Phone Service 04/15/2023-05/14/2023 261.00
TA005 Sewer extra pumps 795.21
TA006 Sewerline repair adapter at Chev on walnut 14.41
TA007 Level & rubber gloves 39.73
TA008 PW National Week Luncheon 51.96
TA009 PW National Week Luncheon 71.59
TA010 PW National Week Luncheon 64.55
TA011 Dump fees 19.00
TK001 Fuel for Detective Kollmann Vehicle 37.51
TK002 Fuel for Detective Kollmann Vehicle 25.87
TM001 Concessions BB/SB 176.36
TM002 Concessions BB/SB 761.05
TM003 BB/SB Youth Sponsor Plaques 341.64
TM004 Concessions BB/SB 52.29
TM005 Concessions BB/SB 145.64
TM006 Concessions BB/SB 389.69
TM007 Concessions BB/SB 23.70
TM008 Concessions BB/SB 254.20
TM009 Concessions BB/SB 113.91
TM010 Cellphone Storage 0.99
TM011 Keys 23.61
TM011 Zip ties soccer 7.02
TM012 Concessions BB/SB 60.74
TM013 Concessions BB/SB 493.27
TM014 Concessions BB/SB 119.84
XJ001 Replaced old broken shovels 96.94
XJ002 Floor squegee push water out of restrooms 30.16
XJ003 Mix gas for equipment 128.42
XJ004 Water jug for new employee william 21.54
XJ005 Water jug for new employee Jorge O & WD-40 37.69
Total for Check Number 9033: 27,454.91
9034 504 VIP Audio Visual Company, Inc 06/06/2023
AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 18 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
3-87410 Tech Support Council Meeting 04/04/2023 500.00
3-87411 Tech Support Council Meeting 04/18/2023 500.00
Total for Check Number 9034: 1,000.00
Total for 6/6/2023: 241,209.21
9035 UB*02039 DONALD GRIFFIS 06/09/2023
Refund Check 109664-001, 1504 DAVIS STREET 11.11
Refund Check 109664-001, 1504 DAVIS STREET 20.55
Refund Check 109664-001, 1504 DAVIS STREET 23.32
Total for Check Number 9035: 54.98
9036 UB*02038 BRADEN PALANUK 06/09/2023
Refund Check 111714-000, 1350 SECOND STREET 10.61
Refund Check 111714-000, 1350 SECOND STREET 9.34
Refund Check 111714-000, 1350 SECOND STREET 5.05
Total for Check Number 9036: 25.00
9037 UB*02040 FRANK SEQUEIRA 06/09/2023
Refund Check 112301-000, 730 A, B, C EIGHTH STREET 305.40 Total for Check Number 9037: 305.40
9038 250 Alhambra 06/09/2023
14663340 052623 Drinking water bottles for Corpyard 05/10/2023 32.40 14663340 052623 Drinking water bottles for Corpyard 05/10/2023 32.40 14663340 052623 Drinking water bottles for Corpyard 05/10/2023 32.39 14663340 052623 Drinking water bottles for Corpyard 05/10/2023 32.40 14663340 052623 Drinking water bottles for Corpyard 05/10/2023 32.40 Total for Check Number 9038: 161.99
9039 1141 M. Lourdes Ayala 06/09/2023
2023-003 Park Deposit Refund- Max Foster 06/02/2023 150.00 Total for Check Number 9039: 150.00
9040 256 California Police Chiefs Association 06/09/2023 2506 CPCA Dues- Department membership 365.00
Total for Check Number 9040: 365.00
9041 293 Department of Justice Accounting Office 06/09/2023 658077 Live Scan Fees Jan-March 2023 1,876.98
Total for Check Number 9041: 1,876.98
9042 816 Elite Uniforms 06/09/2023
JJ2W10 Uniform Patches- LPD 1,277.35
JJ2W8 Uniform Belt- Enrique Villalobos 86.59
JJ2W9 Patch Change Out- Pearline Merchant 82.27
Total for Check Number 9042: 1,446.21
9043 258 Ewing Irrigation Products, Inc. 06/09/2023
19419435 City Hall Battery operated timer for irrigation control 292.45 AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 19 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 9043: 292.45
9044 163 EZ Auto Supply 06/09/2023
366895 synthetic motor oil for Anthony's work truck 0.31 366895 synthetic motor oil for Anthony's work truck 8.97 366895 synthetic motor oil for Anthony's work truck 0.43 366895 synthetic motor oil for Anthony's work truck 0.01 366895 synthetic motor oil for Anthony's work truck 1.63 366895 synthetic motor oil for Anthony's work truck 0.76 366895 synthetic motor oil for Anthony's work truck 3.94 366895 synthetic motor oil for Anthony's work truck 0.23 366895 synthetic motor oil for Anthony's work truck 0.02 366895 synthetic motor oil for Anthony's work truck 0.18 366895 synthetic motor oil for Anthony's work truck 0.03 366895 synthetic motor oil for Anthony's work truck 0.63 366895 synthetic motor oil for Anthony's work truck 0.31 366895 synthetic motor oil for Anthony's work truck 0.03 366895 synthetic motor oil for Anthony's work truck 15.76 366895 synthetic motor oil for Anthony's work truck 0.21 366895 synthetic motor oil for Anthony's work truck 0.13 366895 synthetic motor oil for Anthony's work truck 0.48 366895 synthetic motor oil for Anthony's work truck 0.20 366895 synthetic motor oil for Anthony's work truck 0.10 366895 synthetic motor oil for Anthony's work truck 0.33 366895 synthetic motor oil for Anthony's work truck 1.13 366895 synthetic motor oil for Anthony's work truck 0.28 366895 synthetic motor oil for Anthony's work truck 15.76 366895 synthetic motor oil for Anthony's work truck 5.98 366895 synthetic motor oil for Anthony's work truck 0.07 366895 synthetic motor oil for Anthony's work truck 0.42 366895 synthetic motor oil for Anthony's work truck 0.05 366895 synthetic motor oil for Anthony's work truck 0.02 366895 synthetic motor oil for Anthony's work truck 0.27 366895 synthetic motor oil for Anthony's work truck 0.08 Total for Check Number 9044: 58.75
9045 603 Far West Laboratories, Inc. 06/09/2023
106021 Well Testing of Coliform Arsenic Manganese 2,095.00 Total for Check Number 9045: 2,095.00
9046 641 Ferguson Enterprises LCC #686 06/09/2023
0595663 MVP Actuator & Metering Cartridge for City Hall 81.18 Total for Check Number 9046: 81.18
9047 420 Frantz Wholesale Nursery, LLC. 06/09/2023
284207 (60)-Photinia Fraseri Multi Shrubs for Bridgeport 3,910.03 Total for Check Number 9047: 3,910.03
9048 188 Frontier 06/09/2023
2093947916 PD Phones Service 05/15/2023-06/14/2023 1,260.96 2093949532 Historical Museum Phone Services 05/25/2023-06/24/2023 103.93 Total for Check Number 9048: 1,364.89
9049 1229 Verenis Fuentes-Ayala 06/09/2023
2023-001 Park Deposit Refund- Max Foster 06/04/2023 150.00 AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 20 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
2023-002 Clean up Fee- Max Foster 06/04/2023 -35.00
Total for Check Number 9049: 115.00
9050 551 Griswold Industries 06/09/2023
869161 Labor for Well #8 Rebuild Clay Valve 1,396.00
869161 Well #8 Rebuild Clay Valve 2,684.95
Total for Check Number 9050: 4,080.95
9051 1230 Elsa Guillen 06/09/2023
2023-001 Park Deposit Refund- Ark Park 08/19/2023 150.00 2023-002 Park rental fee refund- Ark Park 08/19/2023 55.00 2023-003 Admin Fee Rental Cancelled- Ark Park 08/19/2023 -5.00 Total for Check Number 9051: 200.00
9052 1168 Herc Rentals, Inc. 06/09/2023
33749515-001 Emergency 8' Pump Vac for WWTP 4,635.39
Total for Check Number 9052: 4,635.39
9053 811 Pete Hulse, DVM, Pa Hilmar Animal Hospital06/09/2023 136443 Spay & Neuter Program 150.00
Total for Check Number 9053: 150.00
9054 501 Hunt & Sons, Inc. 06/09/2023
106154 Fuel 05/19/2023 5.87
106154 Fuel 05/19/2023 129.17
106154 Fuel 05/19/2023 13.16
106154 Fuel 05/19/2023 611.48
106154 Fuel 05/19/2023 32.18
106154 Fuel 05/19/2023 154.62
106154 Fuel 05/19/2023 52.66
106154 Fuel 05/19/2023 136.78
106154 Fuel 05/19/2023 29.26
106154 Fuel 05/19/2023 76.80
106154 Fuel 05/19/2023 29.25
106154 Fuel 05/19/2023 58.51
106154 Fuel 05/19/2023 16.09
107839 Fuel 05/23/2023 21.04
107839 Fuel 05/23/2023 50.22
107839 Fuel 05/23/2023 19.13
107839 Fuel 05/23/2023 34.44
107839 Fuel 05/23/2023 101.13
107839 Fuel 05/23/2023 19.13
107839 Fuel 05/23/2023 8.61
107839 Fuel 05/23/2023 10.53
107839 Fuel 05/23/2023 399.90
107839 Fuel 05/23/2023 84.48
107839 Fuel 05/23/2023 89.45
107839 Fuel 05/23/2023 38.27
107839 Fuel 05/23/2023 3.85
116048 Fuel 05/26/2023 408.47
116048 Fuel 05/26/2023 21.50
116048 Fuel 05/26/2023 19.54
116048 Fuel 05/26/2023 39.09
116048 Fuel 05/26/2023 19.54
116048 Fuel 05/26/2023 3.91
116048 Fuel 05/26/2023 103.29
AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 21 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
116048 Fuel 05/26/2023 35.18
116048 Fuel 05/26/2023 51.30
116048 Fuel 05/26/2023 91.36
116048 Fuel 05/26/2023 86.29
116048 Fuel 05/26/2023 8.80
116048 Fuel 05/26/2023 10.75
122522 Fuel 05/30/23 48.99
122522 Diesel 05/30/23 3.86
122522 Diesel 05/30/23 4.22
122522 Fuel 05/30/23 26.94
122522 Diesel 05/30/23 16.93
122522 Diesel 05/30/23 0.77
122522 Fuel 05/30/23 4.90
122522 Diesel 05/30/23 10.06
122522 Diesel 05/30/23 17.93
122522 Fuel 05/30/23 44.10
122522 Diesel 05/30/23 80.15
122522 Fuel 05/30/23 114.53
122522 Fuel 05/30/23 64.30
122522 Fuel 05/30/23 511.99
122522 Fuel 05/30/23 11.02
122522 Diesel 05/30/23 3.83
122522 Fuel 05/30/23 24.50
122522 Fuel 05/30/23 24.50
122522 Diesel 05/30/23 2.11
122522 Fuel 05/30/23 108.15
122522 Fuel 05/30/23 129.47
122522 Diesel 05/30/23 20.27
122522 Diesel 05/30/23 7.67
122522 Diesel 05/30/23 6.90
122522 Diesel 05/30/23 1.72
122522 Fuel 05/30/23 13.47
Total for Check Number 9054: 4,428.31
9055 296 Image Source 06/09/2023
25AR1585535 Monicas Prints 01/28/2023-02/27/2023 89.42
25AR1585535 Monicas Prints 01/28/2023-02/27/2023 89.41
25AR850179 Monicas Prints 04/28/2023-05/27/2023 50.20
25AR850179 Monicas Prints 04/28/2023-05/27/2023 50.20
Total for Check Number 9055: 279.23
9056 165 J L Analytical Services, Inc. 06/09/2023
599908 Water sample p/up & Monthly lab testing for WWTP 136.00 599908 Water sample p/up & Monthly lab testing for WWTP 136.00 Total for Check Number 9056: 272.00
9057 829 Jared Steeley Water & Wastewater Management 06/09/2023 9828 Water & wastewater dist services for 02/21 , 3/1, 3/7 Including 1,179.00 9828 Water & wastewater dist services for 02/21 , 3/1, 3/7 Including 1,179.00 Total for Check Number 9057: 2,358.00
9058 1231 Fidencio Jimenez 06/09/2023
2023-001 Park Deposit Refund- Ark park 06/03/2023 150.00 Total for Check Number 9058: 150.00
9059 1130 Kellogg Supply 06/09/2023
AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 22 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
96907-01 Stainless bolts for influent pump WWTP Repair 138.67 Total for Check Number 9059: 138.67
9060 318 La Rue Communications 06/09/2023
4216 Radio Maintenance Contract 1,941.00
4229 Radio Installation- Honda Civic 853.93
Total for Check Number 9060: 2,794.93
9061 461 LEAF 06/09/2023
14807257 Copier Lease for City Hall Printers 3.01
14807257 Copier Lease for City Hall Printers 122.36
14807257 Copier Lease for City Hall Printers 2.79
14807257 Copier Lease for City Hall Printers 3.21
14807257 Copier Lease for City Hall Printers 2.35
14807257 Copier Lease for City Hall Printers 0.81
14807257 Copier Lease for City Hall Printers 2.03
14807257 Copier Lease for City Hall Printers 16.32
14807257 Copier Lease for City Hall Printers 4.71
14807257 Copier Lease for City Hall Printers 8.16
14807257 Copier Lease for City Hall Printers 163.15
14807257 Copier Lease for City Hall Printers 81.58
14807257 Copier Lease for City Hall Printers 8.95
14807257 Copier Lease for City Hall Printers 0.79
14807257 Copier Lease for City Hall Printers 10.40
14807257 Copier Lease for City Hall Printers 11.12
14807257 Copier Lease for City Hall Printers 0.72
14807257 Copier Lease for City Hall Printers 9.93
14807257 Copier Lease for City Hall Printers 0.26
14807257 Copier Lease for City Hall Printers 122.36
14807257 Copier Lease for City Hall Printers 0.34
14807257 Copier Lease for City Hall Printers 0.21
14807257 Copier Lease for City Hall Printers 4.61
14807257 Copier Lease for City Hall Printers 0.49
14807257 Copier Lease for City Hall Printers 81.58
14807257 Copier Lease for City Hall Printers 7.42
14807257 Copier Lease for City Hall Printers 8.16
14807257 Copier Lease for City Hall Printers 1.48
14807257 Copier Lease for City Hall Printers 3.66
14807257 Copier Lease for City Hall Printers 2.62
14807257 Copier Lease for City Hall Printers 1.80
14807257 Copier Lease for City Hall Printers 0.75
14807257 Copier Lease for City Hall Printers 40.79
14807257 Copier Lease for City Hall Printers 8.72
14807257 Copier Lease for City Hall Printers 0.94
14807257 Copier Lease for City Hall Printers 1.92
14807257 Copier Lease for City Hall Printers 3.55
14807257 Copier Lease for City Hall Printers 2.25
14807257 Copier Lease for City Hall Printers 4.15
14807257 Copier Lease for City Hall Printers 3.06
14807257 Copier Lease for City Hall Printers 0.06
14807257 Copier Lease for City Hall Printers 0.44
14807257 Copier Lease for City Hall Printers 0.30
14807257 Copier Lease for City Hall Printers 6.21
14807257 Copier Lease for City Hall Printers 4.73
14807257 Copier Lease for City Hall Printers 15.95
14807257 Copier Lease for City Hall Printers 7.36
14807257 Copier Lease for City Hall Printers 5.45
14807257 Copier Lease for City Hall Printers 1.25
AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 23 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
14807257 Copier Lease for City Hall Printers 8.16
14807257 Copier Lease for City Hall Printers 4.33
14807257 Copier Lease for City Hall Printers 0.14
14807257 Copier Lease for City Hall Printers 4.21
14807257 Copier Lease for City Hall Printers 3.19
14807257 Copier Lease for City Hall Printers 0.46
Total for Check Number 9061: 815.75
9062 610 Lehr 06/09/2023
SI87161 Console for Charger 493.60
Total for Check Number 9062: 493.60
9063 615 McClatchy Company LLC 06/09/2023
402663 Public Notice- Sewer Line Replacement Project 275.82 Total for Check Number 9063: 275.82
9064 389 Mid Valley IT 06/09/2023
202142461 5 Port Etherner Switch 35.92
Total for Check Number 9064: 35.92
9065 180 Mission Linen Service 06/09/2023
519387688 Uniform Service & Janitorial Supplies 05/31/2023 1.24 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.10 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.56 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.64 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.04 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.25 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.01 519387688 Uniform Service & Janitorial Supplies 05/31/2023 2.22 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.06 519387688 Uniform Service & Janitorial Supplies 05/31/2023 1.48 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.07 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.52 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.36 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.04 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.15 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.06 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.01 519387688 Uniform Service & Janitorial Supplies 05/31/2023 3.18 519387688 Uniform Service & Janitorial Supplies 05/31/2023 5.28 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.04 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.14 519387688 Uniform Service & Janitorial Supplies 05/31/2023 2.58 519387688 Uniform Service & Janitorial Supplies 05/31/2023 10.64 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.61 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.45 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.04 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.06 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.06 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.84 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.12 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.02 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.05 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.60 519387688 Uniform Service & Janitorial Supplies 05/31/2023 3.15 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.40 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.03 AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 24 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.01 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.01 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.19 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.10 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.12 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.01 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.11 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.05 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.83 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.94 519387688 Uniform Service & Janitorial Supplies 05/31/2023 25.55 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.86 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.03 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.38 519387688 Uniform Service & Janitorial Supplies 05/31/2023 11.82 519387688 Uniform Service & Janitorial Supplies 05/31/2023 9.80 519387688 Uniform Service & Janitorial Supplies 05/31/2023 0.01 519387689 Uniform Service and Janitorial Supplies 05/31/2023 2.69 519387689 Uniform Service and Janitorial Supplies 05/31/2023 0.67 519387689 Uniform Service and Janitorial Supplies 05/31/2023 6.73 519387689 Uniform Service and Janitorial Supplies 05/31/2023 2.69 519387689 Uniform Service and Janitorial Supplies 05/31/2023 11.78 519387689 Uniform Service and Janitorial Supplies 05/31/2023 0.68 519387689 Uniform Service and Janitorial Supplies 05/31/2023 11.78 519387689 Uniform Service and Janitorial Supplies 05/31/2023 11.79 519438788 Janitorial Services Fire Dept 06/07/2023 55.49 Total for Check Number 9065: 191.22
9066 197 N & S Tractor 06/09/2023
WT19342 E-19-81 John Deere Backhoe Repair 496.78
WT19342 E-19-81 John Deere Backhoe Repair 496.78
WT19342 E-19-81 John Deere Backhoe Repair 496.93
Total for Check Number 9066: 1,490.49
9067 199 Northstar Chemical 06/09/2023
253629 Sodium Hypochlorite for Well 8 476.65
253630 Sodium Hypochlorite for Well 16 857.96
253631 Sodium Hypochlorite for Well 13 794.41
Total for Check Number 9067: 2,129.02
9068 302 Office Depot, Inc./ODP Business Solutions, LLC 06/09/2023 302612826001 Baseball- Wood Clipwords 62.96
302612826001 Labels- Color Run 25.73
312068382001 Cups Forks Plates Spoons Copy Paper for Staff 68.90 312068382001 Cups Forks Plates Spoons Copy Paper for Staff 68.90 312068382001 Cups Forks Plates Spoons Copy Paper for Staff 68.90 312068382001 Cups Forks Plates Spoons Copy Paper for Staff 68.90 312071111001 Coffee for Staff 5.96
312071111001 Coffee for Staff 5.96
312071111001 Coffee for Staff 5.96
312071111001 Coffee for Staff 5.96
Total for Check Number 9068: 388.13
9069 203 PG&E 06/09/2023
00008187801-9 Nuclear Deco Charges 21800 ft north of Livingston 03/23 80.76 0008187802-7 Nuclear Deco Charges ES Lincoln S/Peach 03/23 74.98 0008187873-8 Nuclear Deco Charges Corn of white & Crowell 03/23 147.93 AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 25 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
0008196259-9 Nuclear Deco Charges April 2023- 1416 C Street 17.93 4832044416-8 Monthly Service for 936 Dwight Ave 04/21/23-05/21/2023 272.63 7770778848-3 Monthly Service for 14960 Vinewwod Ave 04/19/2023-05/17/2023 382.46 7798858785-1 Monthly Service for Lincoln Blvd 04/18/2023-05/16/2023 24.62 Total for Check Number 9069: 1,001.31
9070 1149 PowerGen, Inc. 06/09/2023
23-1077 Emergencty Shoot Generator Sparking from motor @ WWTP 1,440.00 Total for Check Number 9070: 1,440.00
9071 589 Shannon Pump Co. 06/09/2023
60946 Gaskets for repair 2 Influent pump station 15.77
Total for Check Number 9071: 15.77
9072 439 Sharpening Shop 06/09/2023
399035 Air filter spark plug fuel line rommet for weed eater 29.52 399549 Drive shaft for exmark mower E-18-03 20.04
399549 Drive shaft for exmark mower E-18-03 52.55
399549 Drive shaft for exmark mower E-18-03 1.60
399549 Drive shaft for exmark mower E-18-03 69.26
399549 Drive shaft for exmark mower E-18-03 35.83
399549 Drive shaft for exmark mower E-18-03 33.52
399549 Drive shaft for exmark mower E-18-03 3.38
399549 Drive shaft for exmark mower E-18-03 8.41
399549 Drive shaft for exmark mower E-18-03 31.06
399549 Drive shaft for exmark mower E-18-03 25.12
399549 Drive shaft for exmark mower E-18-03 2.32
399549 Drive shaft for exmark mower E-18-03 29.26
399549 Drive shaft for exmark mower E-18-03 2.86
399549 Drive shaft for exmark mower E-18-03 82.75
399549 Drive shaft for exmark mower E-18-03 177.82
399549 Drive shaft for exmark mower E-18-03 21.36
399549 Drive shaft for exmark mower E-18-03 22.63
399549 Drive shaft for exmark mower E-18-03 5.46
399549 Drive shaft for exmark mower E-18-03 46.23
399549 Drive shaft for exmark mower E-18-03 46.96
399549 Drive shaft for exmark mower E-18-03 124.03
399549 Drive shaft for exmark mower E-18-03 7.99
399549 Drive shaft for exmark mower E-18-03 0.67
399549 Drive shaft for exmark mower E-18-03 34.08
399549 Drive shaft for exmark mower E-18-03 13.96
399549 Drive shaft for exmark mower E-18-03 10.46
Total for Check Number 9072: 939.13
9073 530 Telstar Instruments 06/09/2023
116281 Re-calibrate flow metters, lab meters, and pressure transmitter 1,764.00 116282 Calibrate 8 Flow meters at all water wells. 1,764.00 Total for Check Number 9073: 3,528.00
9074 284 Trans Union LLC 06/09/2023
05304505 Credit checks for Utility Service 73.17
05304505 Credit checks for Utility Service 73.16
05304505 Credit checks for Utility Service 73.17
Total for Check Number 9074: 219.50
AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 26 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
9075 1175 UBEO West, LLC 06/09/2023
4118495 PW Contract usage charge for black & Color copies 02/20-05/19 145.16 4118495 PW Contract usage charge for black & Color copies 02/20-05/19 72.58 4118495 PW Contract usage charge for black & Color copies 02/20-05/19 72.57 Total for Check Number 9075: 290.31
9076 249 United Site Services 06/09/2023
114-13604928 Court park portables 05/23/2023-06/19/2023 263.60 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 5.75 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 3.66 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 1.14 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 2.75 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 5.13 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 19.44 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 0.07 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 0.60 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 9.06 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 0.37 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 5.05 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 2.47 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 0.17 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 2.19 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 3.20 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 13.56 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 0.87 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 2.34 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 0.92 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 0.25 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 3.73 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 3.40 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 3.92 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 0.31 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 7.57 INV-01731932 PW Portable cleaning for use of Mt. Bullion Crew 1.53 INV-01732410 Fred Worden park portables 05/01/2023-05/31/2023 87.78 INV-01732410 Fred Worden park portables 05/01/2023-05/31/2023 179.67 Total for Check Number 9076: 630.50
9077 1232 Manuel Valencia Jr. 06/09/2023
2023-001 Park Deposit Refund- Max Foster 06/03/2023 150.00 Total for Check Number 9077: 150.00
9078 1150 Jack Berry Valley 29 Electric, LLC 06/09/2023 1209 After hours troubleshoot transfer switch on generator 315.00 1210 Generator Transfer switch repairs 262.50
1211 Trouble shoot pumping plant motor at WWTP 472.50
Total for Check Number 9078: 1,050.00
9079 210 WGR Southwest, Inc. 06/09/2023
28413 MS$ Compliance 04/01/2023-04/30/2023 1,546.50
Total for Check Number 9079: 1,546.50
Total for 6/9/2023: 48,421.31
AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 27 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Report Total (112 checks): 348,329.88
AP Checks by Date - Detail by Check Date (6/15/2023 4:11 PM) Page 28 AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in July in Observance of the 4th of July Holiday
June 20, 2023
Monica Cisneros, Executive Assistant/Deputy City Clerk
Christopher Lopez, Interim City Manager
RECOMMENDATION:

It is respectfully recommended that the City Council of the City of Livingston ("City Council") adopt a resolution approving the cancellation of the first regular scheduled City Council meeting in July in observance of the 4th of July holiday.

BACKGROUND AND DISCUSSION:

Section 1-5-1 (A) of the City of Livingston Municipal Code establishes that the City Council shall hold its regular meetings on the first and third Tuesday of each month at the hour of 7:00 p.m. If at any time a regular meeting falls on a holiday, the regular meeting shall be held on the next business day. Currently, there are no scheduled agenda items for the July 4, 2023, City Council Meeting.

If the City Council does not approve the resolution cancelling the 4th of July regularly scheduled City Council meeting, a special meeting will be held on July 5, 2023, per Livingston Municipal Code section 1-5-1 (A).

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Resolution
{CWl30041.I}
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

APPROVING THE CANCELLATION OF THE FIRST REGULAR SCHEDULED CITY COUNCIL MEETING IN JULY IN OBSERVANCE OF THE 4rH OF JULY HOLIDAY WHEREAS, Section 1-5-1 (A) of the City of Livingston Municipal Code establishes that the City Council shall hold its regular meetings on the first and third Tuesday of each month at the hour of 7:00 p.m. If at any time a regular meeting falls on a holiday, the regular meeting shall be held on the next business day.

WHREAS, currently, there are no scheduled agenda items for the July 4, 2023, City Council Meeting.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON HEREBY RESOLVES:

1. The City Council approves the cancellation of the first Regular Scheduled City Council Meeting July in observance of the 4th of July holiday.

Passed and adopted this 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Jose A. Moran, Mayor
of the City of Livingston
I hereby certify, that the foregoing resolution was regularly introduced, passed and adopted at a special meeting of the City Council of the City of Livingston this 20th day of June 2023. {CW130043.1}
Monica Cisneros, Deputy City Clerk
of the City of Livingston

Page 1 of 1 ends

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Adopt a Resolution approving the City of Livingston FY 23/24 List of Eligible Projects 'for Funding from the Road Maintenance and Rehabilitation Account (RMRA) created by Senate Bill (SB) 1 Road Repair and Accountability Act of 2017, and Authorizing the City Manager to file with the California Transportation Commission the Project List and Annual Expenditure Report for FY 23/24 RMRA Funding
June 20, 2023
Noe Martinez, PE, Gouveia Engineering
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. __ , as follows:

1. Approving the City of Livingston FY 23/24 List of eligible projects for funding from the Road Maintenance and Rehabilitation Account administered by the California Transportation Commission in partnership with the State Controller's office, and

2. Authorizing the City Manager to file with the California Transportation Commission (CTC) the Project List and Annual Expenditure Report for FY 23/24 RMRA Funding.

BACKGROUND:

Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 201 7) was passed by the Legislature and signed into law by the Governor on April 28, 2017, in order to address the transportation funding shortfalls statewide. Findings from the 2016-2022 California Statewide Local Streets and Roads Needs Assessment show that a majority of the city streets and roads in California are at an "at-risk" condition and this funding will provide for improving the roads system. It is anticipated that over the next decade, SB 1 will contribute to restoring streets and roads into a "good" condition. SB 1 funding will be generated from increased gasoline and diesel fuel excise taxes and additional vehicle registration fees for California residents.

SB 1 includes accountability and transparency provisions to ensure the funding is used on a fiscal year basis for eligible transportation projects including, but not limited to, road maintenance and rehabilitation, safety projects, railroad grade separations, "complete streets" components, and traffic control devices. Funding recipients must prepare a list of eligible projects to receive funding from the Road Maintenance and Rehabilitation Account on a fiscal year basis. This list must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement. Funding recipients will also be required to prepare annual reports to indicate expenditure levels and completion status for each proposed project on a fiscal year basis.

Cities and counties will receive an annual allocation, determined from a population formula, which will be distributed on a monthly basis. SB 1 mandates that this new RMRA funding must not be used to supplant the current level of General Fund expenditures for street improvements and will be subject to oversight by the State Controller as part of the accountability and transparency provisions.

DISCUSSION:

This year's allocation corresponds to the seventh year of funding and the sixth consecutive full allocation since the program's inception. The funds were first made available to cities and counties during Fiscal Year 2017-2018 as a partial allocation from the regular fiscal year amount.

In order to receive the FY 23/24 SB 1 funding, the City of Livingston must submit to the California Transportation Commission by July 1, 2023, or as extended by the Commission, a list of eligible projects approved by resolution by the City Council and submitted electronically using the CTCdeveloped online tool.

The City has determined a project list consisting of only previously proposed and adopted (Re-listed) projects for the SB 1 RMRA Program.

The City of Livingston's FY 23/24 allocation is estimated at $356,219 per the Local Streets and Roads - Projected Revenues dated January, 2023 and as published by the California City Finance website. It is recommended that these funds be designated to the following re-listed eligible projects:

1. Winton Parkway Rehabilitation (from Joseph Gallo Drive to SR 99) - Re-listed

2. Hammatt Avenue Rehabilitation (from Campbell Boulevard to SR 99) - Re-listed

3. Stefani Avenue Rehabilitation (from Davis to Campbell Boulevard) - Re-listed

4. 2023 Slurry Seals Project (various streets: Campbell Blvd, N Main St, Walnut Ave, Olds Ave, Harvest Ave, Fruitbasket Ln, Grapevine Dr, Orchard Way, Nut Tree Rd, Swan St, Davis St, Crowell St, White Ave, Stefani Ave, and 4th St) - Re-listed The attached project list (Exhibit 1) provides more detail including the project description, location, estimated completion date, and useful life.

The City's FY 23/24 Budget will include the following revenue and expenditure items for the FY 23/24 SB 1 Allocation:

Revenue: Road Maintenance and Rehabilitation Account: $356,219 Expenditure: Road Maintenance and Rehabilitation Projects: $356,219 FISCAL IMPACT:

The expenditures for the FY 23/24 eligible projects will be fully funded from the City's Road Maintenance and Rehabilitation Account. The proposed project expenditures for FY 23/24 shall match the anticipated revenue of $356,219 for FY 23/24.

ATTACHMENTS:

Resolution No. 2023-__
Exhibit 1 - FY 23-24 Project List.

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING THE CITY OF LIVINGSTON FY 23/24 LIST OF ELIGIBLE PROJECTS FOR FUNDING FROM THE ROAD MAINTENANCE AND REHABILITATION ACCOUNT {RMRA) CREATED BY SENATE BILL 1: ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017,

AND AUTHORIZING THE CITY MANAGER TO FILE WITH THE CALIFORNIA

TRANSPORTATION COMMISSION THE PROJECT LIST AND ANNUAL EXPENDITURE REPORT FOR FY 2023/2024 RMRA FUNDING
WHEREAS, the City of Livingston is eligible to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) created by Senate Bill (SB) 1, Road Repair and Accountability Act of 2017, passed by the Legislature and signed into law by the Governor on April 28, 2017, in order to address the transportation funding shortfalls statewide; and WHEREAS, RMRA funding will be generated from increased gasoline and diesel fuel excise taxes and additional vehicle registration fees for California residents, cities and counties will receive an annual allocation, determined from a population formula, which will be distributed on a monthly basis; and
WHEREAS, SB 1 includes accountability and transparency provisions to ensure the funding is used on a fiscal year basis for eligible transportation projects including, but not limited to, road maintenance and rehabilitation, safety projects, railroad grade separations, "complete streets" components, and traffic control devices, this new RMRA funding must not be used to supplant the current level of General Fund expenditures for street improvements and will be subject to oversight by the State Controller's office; and
WHEREAS, funding recipients must prepare a list of eligible projects to receive funding from the Road Maintenance and Rehabilitation Account on a fiscal year basis and approved by resolution by the governing board. This list must include a description and location of each proposed project, a proposed schedule for completion, and the estimated useful life of the improvements; and WHEREAS, the City has ensured public input and developed the most high-priority and costeffective projects to receive SB 1 revenues and that would meet the City's priorities for transportation investment; and
WHEREAS, the selected project list includes only previously proposed and adopted (Re-listed) projects that will be partially or solely funded with the RMRA FY 23/24 allocation to reaffirm the public and the State the City's intent to fund these projects with Road Maintenance and Rehabilitation Account revenues; and
WHEREAS, the City of Livingston's FY 2023/2024 allocation for RMRA funding is estimated at $356,219 and the City intends to appropriate these funds on its FY 23/24 Budget; and WHEREAS, the City's FY 2023/2024 allocation will be appropriated to the re-listed eligible projects listed below and as shown on Exhibit 1:

1. Winton Parkway Rehabilitation (from Joseph Gallo Drive to SR 99) - Re-listed

2. Hammatt Avenue Rehabilitation (from Campbell Boulevard to SR 99) - Re-listed

3. Stefani Avenue Rehabilitation (from Davis to Campbell Boulevard) - Re-listed

Page 1 of 2 ends

4. 2023 Slurry Seals Project (various streets: Campbell Blvd, N Main St, Walnut Ave, Olds Ave, Harvest Ave, Fruitbasket Ln, Grapevine Dr, Orchard Way, Nut Tree Rd, Swan St, Davis St, Crowell St, White Ave, Stefani Ave, and 4th St) - Re-listed; and WHEREAS, the above listed projects and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits for the City of Livingston and its residents.

WHEREAS, the City is required to submit to the California Transportation Commission by July 1, 2023, or as extended by the Commission, the FY 2023/2024 List of Eligible projects and a resolution that shows these projects were approved to receive FY 23/24 SB 1 funds; and WHEREAS, funding recipients must prepare an annual report to indicate expenditure levels and completion status for each proposed project on a fiscal year basis.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby:

1. The above recitals are true and correct findings of the Livingston City Council.

2. The City Council approves the above proposed FY 2023/2024 List of eligible projects to receive funding from the Road Maintenance and Rehabilitation Account.

3. The FY 23/24 SB 1 funds will be appropriated on the City's FY 23/24 Budget.

4. The City Manager is hereby authorized and directed to submit to the California Transportation Commission the Project List and Annual Expenditure Report for FY 2023/2024 RMRA Funding.

Passed and adopted this 20th day of June, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Jose A. Moran, Mayor
of the City of Livingston
I, hereby certify that the forgoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 20th day of June, 2023.

Monica Cisneros, Deputy City Clerk
of the City of Livingston

Page 2 of 2 ends

STATE OF CALIFORNIA• CALIFORNIA TRANSPORTATION COMMISSION Senate Bill (SB) 1 Proposed Project List Form
Local Streets and Roads Program
Agency Name: Agency Contact:

Christopher Lopez
Livingston
(209) 394-8041
LoCode: I 5256 [email protected]
Summary of Proposed Project List
Project Project Title Project Description Project Location No.

PP0l Winton Parkway Rehabilitation Roadway rehabilitation In the City of Livingston between Joseph I IRe-listedl Gallo Drive and SR 99
PP02 Hammatt Avenue Rehabilitation Roadway rehabilitation In the City of Livingston between Campbell I IRe-listedl Boulevard and SR 99
PP03 Stefani Avenue Rehabilitation (Re- Reconstruction of the roadway structural section. In the City of Livingston between Davis listedl Street and Camnbell Boulevard
2023 Slurry Seals (Re-Listed) Roadway crack sealing and slurry sealing At various locations in the City of Livingston: Campbell from Winton Parkway
to Hammatt, N Main St from Campbell to
Olive Ave, Walnut Ave from Hammatt to N
Main St, Olds Ave from Walnut to Harvest
Ave, Harvest from N Main to Olds St,
Fruitbasket from Harvest to cul-de-sac,
PP04 Grapevine from Olds Ave to Orchard Wy,
Nut Tree Rd from Orchard to N Main, Swan
St from Stefani to N Main St, Davis St from
Stefani to N Main, Crowell from St efani to
White Ave, White Ave from Swan to
Crowell St, Stefani from Swan to Campbell,
and 4th St from Park St to F St
PP0S
PP06
PP07
PP0S
PP09
PP10
1 of 1
Exhibit 1
FY
23/24
Estimated Completion Date Estimated
Useful Life (mm/dd/yyyy) [# of yrs)
Pre- Construction Min. Max. Construction
08/2024 08/2025 10 20
08/2024 08/ 2025 10 20
08/2026 08/2027 10 20
08/2022 08/ 2023 5 10
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Authorizing the Interim City Manager to Negotiate and Execute an Agreement, Approved as to Form by the City Attorney, with CSG Consultants or 4LEAF Inc. for on-call Community Development Services
June 20, 2023
Christopher Lopez, Interim City Manager
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Authorize the Interim City Manager to negotiate and execute a professional services agreement, approved as to form by the City Attorney, with CSG Consultants, or 4Leaf, Inc. to provide on-call support services to the Community Development Department.

BACKGROUND:

In the beginning of May 2023, staff received a termination letter from West Coast Code Consultants, Inc. (>NC3) for building support services. As a result of the termination letter, staff reached out to multiple firms who would be able to provide continuity of services for community development and minimize the operational impacts to the City of Livingston. In order to allow for temporary and supplemental services to provide additional and adaptive staffing during peak development activity cycles, CSG Consultants and 4Leaf, Inc. provided proposals for the following:

1. Building official, plan checkers, inspections, and permit technicians

2. Code compliance

3. Administrative support

4. Planning

5. Project management

6. Engineering, Public Works Inspection, and Construction Management Staff reviewed the proposals from both groups and is recommending that the Council authorize the Interim City Manager to negotiate an agreement to allow for maximum flexibility. The City Manager will then execute a contract with one of the proposed contractors based on the negotiations and which company will most efficiently, effectively, and economically serve the City's needs.

DISCUSSION:

The FY 23/24 Budget was adopted by the Council on June 6, 2023. The budget included a permanent staff member for the permit technician position, which is a new position for the City of Livingston. While the City is currently developing the job description for this position, there is a need for continuity of services until the permanent staff member is appointed. Additionally,

Page 1 of 2 ends

building and planning plan check services and inspection services are necessary as they will no longer be provided via WC3 beyond June 30, 2023.

FISCAL ANALYSIS:

Funding for these services have been included in the FY 23/24 Budget. Below is a comparison of the proposed fees from both consultants.

Services: 4Leaf. Inc.

Plan Review: Inclusive of all disciplines
except fire and civil
Chief Buildinq Official
Permit Technician
Fire Plans Examiner
Services: CSG Consultants
Plan Review: Inclusive of all disciplines
except fire and civil
Buildinq Official
Permit Technician
GreenVue Fusion Fees/Software
Subscription
ATTACHMENTS:

1. Resolution
{CWl30037.l}
Cost Structure
70% of Fee
$170/hour
$85/hour
$140/hour
Cost Structure
75% of Fee
$170/hour
$79/hour
$1, 000/month

Page 2 ends

RESOLUTION 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING THE INTERIM CITY MANAGER TO NEGOTIATE AND EXECUTE AN

AGREEMENT, APPROVED AS TO FORM BY THE CITY ATTORNEY, WITH CSG CONSULTANTS OR 4LEAF INC. FOR ON-CALL COMMUNITY DEVELOPMENT

SERVICES
WHEREAS, on May 31, 2023, staff received a notice of termination for Building Services provided by West Coast Code Consultants, Inc.; and
WHEREAS, plan check, inspection, and permit technician services are necessary for the processing of projects brought to the City by the development community; and WHEREAS, staff sought proposals from various firms who provide these services to ensure continuity of services to the City and continued development in the Livingston community; and
WHEREAS, staff is seeking the maximum flexibility to negotiate with both of the proposed contractors to allow for the most effective and efficient use of resources for development services; and
WHEREAS, the terms of the agreement will be finalized in consultation with the City Attorney's Office.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston does hereby authorize the City Manager to negotiate and execute an agreement with CSG Consultants or 4Leaf, Inc. for on-call Community Development services.

Passed and adopted this 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Jose A. Moran, Mayor
of the City of Livingston
I hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 20th day of June 2023.
{CWI30039.l} 1
Monica Cisneros, Deputy City Clerk
of the City of Livingston
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Public Hearing - Conditional Use Permit Application No. 2023-01 and Site Plan and Design Review Application No. 2023-01 - Two-story Townhouse Triplex and Parking Lot on property located at 1222 B Street.

June 20, 2023
Miguel Galvez, Contract City Planner
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Adopt City Council Resolution No. 2023-_, approving Conditional Use Permit No. 2023-01 and adopt City Council Resolution No. 2023-_, approving Site Plan and Design Review Application No. 2023-01, to develop a two-story, 3,339 square foot townhouse triplex with a seven-space parking lot in the Downtown Commercial (OTC) Zoning District on property located at 1222 B Street, Livingston, CA (APN No.: 024-123-003).

BACKGROUND AND DISCUSSION:

The subject site is generally located on the south side of B Street, between 1st and 2nd Streets, at 1222 B Street. The project is located in the OTC, Downtown Commercial and has a General Plan designation of DC, Downtown Commercial.

The applicant and owner, Simran Singh, is proposing to develop a two-story 3,339 square foot residential triplex comprised of three (3) 1, 113 sq. ft. dwellings, each with two (2) bedrooms and two (2) baths on a 7,650 square foot vacant lot.

The proposal also includes the development of a parking lot and drive lane to access B Street and accommodate seven (7) off street parking stalls, including one space for handicapped parking. A carport will be provided for four of the parking spaces. The parking lot will include installation of a light standard. A five-foot high fence with 3-foot wide gates will be installed along the rear of the property. A trash enclosure is proposed in front of the building, located along the western area of the parcel between the parking lot and the western dwelling unit.

An alley right-of-way is located along the southern property line and single family dwelling are developed south of the alley. Single family dwellings are developed on the west and east sides of the project site. Vacant property, a commercial establishment (51 Fifty Apparel store and fitness center), and single-family homes are located to the north, across B Street.

B Street is developed with curb, gutter and sidewalk and an entrance driveway. Public water and sewer service is available to the project site. Overhead utilities lines (phone, cable, and electric) traverse the property along the B street frontage. A wood fence has been developed on the adjacent western and eastern property lines.

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ANALYSIS:

Development of multi-family apartment dwellings in the OTC zoning district may be permitted by the Planning Commission with the approval of a Conditional Use Permit per LMC Section 5-3-14 - Table 2 Residential Uses, dwelling, multiple-family/apartment. Approval of a Site Plan and Design Review Application by the Planning Commission and City Council is also required for all new development in the OTC zoning district.

The proposal meets the City's Zoning Development Standards with respect to setbacks, building height, lot coverage, off-street parking, and provision of private open space. The construction style, elevations, and colors are consistent with the contemporary residential development in the neighborhood.

Staff referred this proposal to various departments and agencies for comment and possible conditions for approval. The City Engineer responded with a memo dated February 24, 2023, with a list of recommended Conditions of Approval. This memo is included in the attached Resolutions as Conditions of Approval. The vast majority of these Engineering Conditions are standard Conditions of Approval required by City and State rules and regulations.

A response was also submitted by PG&E on February 27, 2023, requiring the applicant to address existing PG&E facilities, see Attachment 5.

Also required by the City, consistent with all other new development, are Conditions of Approval requiring payment of applicable development impact fees and annexation to Capital Facilities District CFO 2017-01 (Urban Services).

ISSUES
Undergroundinq of utility lines. City Engineer Condition of Approval No. 13 states that "Per the Livingston Municipal Code sections 6-10-38 and 5-4-7, the applicant is responsible for removing the utility poles and undergrounding the utility lines within the property street frontage." Staff has been directed by the City Council to evaluate where and when this requirement should be applied.

The undergrounding of utility lines is typical in new subdivisions where the costs can be shared among new development, but it can be a financial hardship in areas of the City that are already developed with housing and where the utility poles have not been placed underground. Removal of utility poles and undergrounding of existing overhead lines often costing hundreds of thousands of dollars, creating a hindrance for the development of in-fill lots.

Staff is proposing amendment of City Engineer Condition of Approval No. 13 to read as follows:

13. Per the Livingston Municipal Code Sections 6-10-38 and 5-4-7, the applicant is responsible for removing the utility poles and undergrounding the utility lines within the property street frontage, as required by City Council policy and/or direction.

The applicant is in agreement with this proposed amendment to Condition of Approval No. 13.

Staff did not identify any other design or development issues with this proposal. (CW129974.1} Page 2 of8

GENERAL PLAN
All proposed development projects should be evaluated for consistency with City's General Plan.

If a proposed development is inconsistent or contrary to the goals, policies and objectives of the General Plan, then the proposed development should be found to be inconsistent with the General Plan and not approved. If the proposed development should be found to be consistent with the General Plan, then it should be approved. The consistency determination should be documented in the consideration and approval of any proposed development project.

The section below identifies applicable General Plan objectives and policies in italics print and brief explanation in bold print as to how the objective is being served. These will be included as findings in the attached resolutions.

The 1999 Livingston General Plan included the following Residential Land Use Objectives.

Objective A Promote stable, high quality residential standards.

Policy 5. In order to encourage infill development, flexible design standards should be developed which meet the intent of the General Plan.

Policy 6. Where feasible, multi-family developments should be located near commercial and community services. Site development techniques should be encouraged which ensure a mix of housing types throughout the community.

The proposed project is located in an area that is mostly developed with residential uses. The proposed multi-family development is located in the downtown area and its townhouse development style serves to provide a mix of housing types throughout the community.

The 1999 Livingston General Plan included the following Commercial Land Use Objectives.

Objective A. Ensure the provision of adequate commercial shopping opportunities and office space locations to meet anticipated needs.

Policies:

1. c. Downtown Commercial. This designation provides the City with mixed-use activity in the downtown area. It is intended to provide a wide range of uses and to promote feasibility and vitality in the downtown ...

5. Conversion of existing residential uses is discouraged adjacent to the downtown The project will serve to develop a vacant lot in an area that is planned for Downtown Commercial development.

Objective B. Provide for an integration of residential and commercial uses.

Policy 3. In order to ensure continued viability of the downtown as the civil center of the city, urban development shall be directed so that the downtown remains the approximate geographic center of the community.

The proposed multi-family development serves to create mixed use activity in the downtown area, which will serve to promote vitality of the downtown area. {CWl29974.I} Page 3 of8
The 2016 adopted Housing Element identified the following Housing goals and Policies.

A. Goal 1: Housing and Economic Diversity. Promote the development of a balanced residential environment, including a range of housing types, with access to employment opportunities, community facilities, and adequate services to meet the needs of residents and persons working in Livingston.

Policies:

1. 1) Encourage the development of a variety of housing types at various prices in order to maintain a diverse housing stock for residents of all income levels.

1.6) Maintain an adequate housing stock to accommodate increases in the work force.

1. 7) Encourage both commercial and residential development in Livingston in order to maintain a balance between jobs and housing.

The project will result in the development of three new market rate dwelling unit that will be located near the City's downtown area, helping to further a jobs-housing balance.

B. Goal 3: Encourage the development of housing to meet the needs of lower- and moderateincome households, particularly those with special needs.

Policies:

3. 2) Provide technical assistance to developers of affordable housing for lower-income or special needs populations.

The proposed dwelling unit will serve to provide housing opportunities to three households. City staff also provided guidance in the design of the project to ensure compliance with development standards for a project that will serve needs of new households.

ZONING ORDINANCE
Site Plan and Design Review- The property is zoned DTC and, as such, the Livingston Municipal Code requires all new construction to undergo Site Plan and Design Review consideration by the Planning Commission for a recommendation to the City Council for final consideration. The Site Plan and Design Review application allows the City to evaluate the development proposal to assure compatibility, harmony in appearance with the neighborhood, reduction of any negative impacts, and orderly development of the area.

The townhouse triplex will incorporate an entrance porch, a fiberglass composition roof, stucco walls with extrusion of the first floor out to add depth and contrast to the building facade. The project site will also incorporate landscaped areas in front of the dwelling units and around the parking lot. The rear of the dwellings will include a small private alcove area, with a concrete pad, to access a fenced private open space area in the rear yard. The building height of the structure is 24 feet high and is in compliance with the setback and height requirements for two-story buildings.

Staff is of the opinion that the design, height, materials, and development intensity is compatible with the surrounding neighborhood.

Use Permit - In the City's land use matrix table in the Zoning Ordinance (LMC 5-3-15: Table 2 - {CWl29974.l} Page 4 of8
Residential Uses}, multi-family dwellings in the OTC zone are permitted after approval of a Conditional Use Permit.

Livingston Municipal Code Section 5-6-9 USE PERMITS, TEMPORARY AND CONDITIONAL contains the provisions for considering Use Permits.

Section 5-6-9 (F} Conditional use permits. States:
"1. Use permits that are revocable, conditional or valid for a term may be issued for any of the uses or purposes for which such permits are required or permitted by ~ the terms of this section. Because of their unusual characteristics, conditional uses require special consideration so that they may be located and developed properly with respect to the intent and purpose of this title and to their effect on surrounding properties. Conditional use permits require a determination of findings and conditions by the Planning Commission.

2. The Planning Commission may designate such conditions in connection with conditional and revocable use permits as it deems necessary to carry out the purpose of this title, and may require tangible guarantees or evidence that such renditions are being or will be complied with. These conditions may include, but not be limited to:
(a) Dedication of right-of-way, setback, curbs, gutters and sidewalks; (b) Improvement of vehicle access to the subject property to city standards; (c) Regulation of height, number of stories;
( d) Regulation of the placement of the use or building of the subject property; (e) Regulation of the nature, hours of operation, extent of use; (f) Regulation of lighted community sports facilities for extended hours of use; (g) Regulation as to transferability of the use; and
(h) Regulation of landscaping for the protection of adjoining and nearby properties.

Section 5-6-9 (I} Criteria. In considering an application for conditional use permits, the following criteria shall be as follows.

1. 2.

3. {CW129974.1}
A conditional use permit shall not be granted for the use unreasonably incompatible with permitted uses in the area considering damage and nuisance from light sources, noise, smoke, odor, dust or vibration, hazard resulting from unusual volume or character of traffic, or congestion of a large number of persons or vehicles.

A conditional use permit must be considered in relationship to its effect on the general plan for the area in which it is to be located. The conditional use applied for must be in conformance with the general plan land use map and policies.

Findings required for approval shall include:
(a) The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the applicable zoning district; (b) The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use; (c) Public facilities are currently adequate to serve the proposed use or improvements are included in an approved capital improvement plan or otherwise will be complete prior to the issuance of building permits; and

Page 5 ends

(d) The proposed development is consistent with the general plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant." The proposed residential development is consistent with the surrounding residential development which is located in the DTC zoning district. The proposed residential development's development density of 9.9 units per gross acre and consistent with the General Plan's Land Use designation of MD, Medium Density Residential, which contemplates a range of 7.6 to 11.9 units per gross acre.

Staff believes the Findings required for approval of the Use Permit can be met per the discussion provided below in bold print.
( a) The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the applicable zoning district;
The proposed site plan, elevations for multi-family dwelling project meets all development standards in the DTC zoning district.
(b) The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use; The site fronts on B Street, a fully developed public street that was designed to carry the traffic of the proposed multi-family dwellings. (c) Public facilities are currently adequate to serve the proposed use or improvements are included in an approved capital improvement plan or otherwise will be complete prior to the issuance of building permits; and
Public Facilities and utilities are available and adequate to serve the subject site. ( d) The proposed development is consistent with the general plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant."
The proposed site plan, elevation and conditions of approval will ensure that the development will conform to City development standards for development within the downtown commercial zoning district and preserve the general welfare of the community.

In conclusion, the proposed design meets the development standards of the DTC zoning district.

Given the City's strong need for more dwelling units to meet housing goals, staff is very supportive of this request and recommended the Planning Commission to positively forward this Project on to the Council.

PLANNING COMMISSION ACTION AND RECOMMENDATION:

The Planning Commission held a Public Hearing on March 14, 2023, to consider Conditional Use Permit Application No.2023-01 and Site Plan and Design Review Application No. 2023-01, a twostory 3,339 square foot triplex at 1222 B Street. {CWl29974.I} Page 6 of8
Commissioner Mendonca asked who would be responsible for the costs of undergrounding utilities. Staff responded that the applicant is responsible for those costs. Commissioner Bains asked if there would be separate metered connections. Staff replied that it is standard practice for one domestic meter to be installed per unit and a separate meter for irrigation. Commission Chair Wallace asked if the Handicapped parking space would be covered. The applicant responded that it would be covered. Commissioner Fuentes asked the applicant to point out the location of the fire hydrant, as well as the type of fire sprinkler that would be installed. The applicant's designer replied that a residential fire sprinkler will be installed. During the Public Hearing, resident Diego Castillo commented on the cost burden to underground overhead utility lines and appreciated the City's efforts to minimize development costs on in-fill lots, so vacant lots can be developed. The applicant's designer asked about the need for a fire hydrant on-site. City engineer responded that one is needed and it is added as a condition of approval.

The Planning Commission on a vote of 5-0, approved Planning Commission Resolution No. 2023- 05 recommending City Council approval of Conditional Use Permit Application No. 2023-01 and approved on a vote of 5-0 Planning Commission Resolution 2023-06, recommending City Council approval of the Site Plan and Design Review Application No. 2023-01 to the City Council, subject to Findings and Conditions of Approval.

ENVIRONMENTAL REVIEW:

The proposed Project is eligible for a Categorical Exemption under two classifications of the California Environmental Quality Act (CEQA) Guidelines: Class 3, Section 15303(b) - new construction of multi-family structures designed for not more than six dwelling units. Class 32 - Infill development Section 15332 - In-fill Development Projects. This Exemption applies to Projects within the City Limits that are consistent with the General Plan and Zoning Ordinance, provided all utilities and City services are available, no more than 5 acres in size on land with no value as habitat for endangered, rare, or threatened species. The project site is within a developed urban location and complies with all of the above listed conditions to qualify for this categorical exemption. This development would also have no significant effects relating to traffic, noise, air, or water quality. A Notice of Exemption citing these categorical exemptions is recommended.

FISCAL IMPACT:

The Project would increase property taxes and assessments, resulting in increased property tax revenue to local governments. Staff costs associated with processing the Conditional Use Permit and Site Plan and Design Review applications are subject to cost reimbursement from the applicant.

RECOMMENDATION:

The proposed design meets the development standards of the DTC zoning district. Given the City's strong need for more rental units, staff is very supportive of this request and recommends Council approval.

Staff and the Planning Commission recommend the City Council adopt Resolution No. 2023-_, approving Conditional Use Permit Application No. 2023-01, and also adopt Resolution No. 2023 - _, approving Site Plan and Design Review Application No. 2023-01, subject to Conditions of Approval and based on the Findings included in the staff report and the attached resolutions. {CWl29974.I} Page 7 of8
ATTACHMENTS:

1. City Council Resolution No. 2023-_., approving Conditional Use Permit 2023-01 Exhibit "A", Conditions of Approval
Exhibit "B", 02/24/23 Memo from City Engineer Mario Gouveia.

2. City Council Resolution No. 2023 -_.approving Site Plan and Design Review 2023-01 Exhibit "A", Conditions of Approval
Exhibit "B", 02/24/23 Memo from City Engineer Mario Gouveia.

3. Aerial Vicinity Map, General Plan, Zoning Map and Assessor's Plat Map

4. Site Plan, Floor Plan, and Elevations

5. Draft Notice of Exemption

6. Planning Commission Resolution No. 2023-05

7. Planning Commission Resolution No. 2023-06
{CWl29974.I} Page 8 ofS
Attachment 1
RESOLUTION 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING CONDITIONAL USE PERMIT APPLICATION NO. 2023-01 TO DEVELOP A TWO-STORY 3,339 SQUARE FOOT TOWNHOUSE TRIPLEX WITH A SEVEN-SPACE

PARKING LOT IN THE DOWNTOWN COMMERCIAL ZONING DISTRICT ON PROPERTY LOCATED AT 1222 B STREET, LIVINGSTON, CA,
(APN: 024-123-003)
WHEREAS, the project site is zoned DTC (Downtown Commercial), and has a General Plan designation of Downtown Commercial, according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; and
WHEREAS, pursuant to Livingston Municipal Code ("LMC") Section 5-3-15 - Table 2 Residential Uses, development of multiple family/apartment dwelling units in the Downtown Commercial zoning district may be permitted by the Planning Commission with the approval of a Conditional Use Permit and Site Plan and Design Review Application; and WHEREAS, LMC Section 5-6-9 requires a Conditional Use Permit for "certain land uses that generally have a distinct impact on the area in which they are located, and/or are capable of creating special problems for bordering properties unless given special attention"; and the proposed construction of multi-family dwellings on parcel in the DTC zoned lot is deemed such a land use; and
WHEREAS, Simran Singh, owner and lnderjit S. Toor, applicant, have applied for a Conditional Use Permit to construct a three-unit multi-family triplex townhouse apartments on property in the DTC Zoning District located on the south side of B Street, between 1st and 2nd Streets at 1222 B Street, Livingston, CA (Assessor Parcel Number 024-123-003); and WHEREAS, staff has reviewed the project with reference to the 1999 General Plan and the Zoning Ordinance (specifically Sections 5-6-7 "C" thru "E"); and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, tlie proposed use, its site plan and design, are consistent with the General Plan, and are permitted and comply with the Zoning Ordinance (including those specifically referenced below); and WHEREAS, the following findings listed in LMC Section 5-6-9 (I) for approving the Use Permit c,m be made as follows:
(a) The site for the proposed use is adequate in size and shape to accommodate said u :e and all yards, spaces, walls and fences, parking, loading, landscaping and other featur1 •s required by the applicable zoning district;
The proposed site plan, elevations for the multi-family dwelling project meet all development standards in the DTC zoning district.
(b) The site for the proposed use is served by streets and highways adequate to carry t11e quantity and kind of traffic generated by the proposed use; The project site fronts on B Street, a fully developed public street that was designed to carry the traffic of the proposed multi-family dwellings.

Page 1 of 4 ends

(c) Public facilities are currently adequate to serve the proposed use or improvements are included in an approved capital improvement plan or otherwise will be complete prior to the issuance of building permits; and
Public Facilities and utilities are available and adequate to serve the subject site. (d) The proposed development is consistent with the general plan If granted, it should 1,e made subject to those conditions necessary to preserve the general welfare. not ti ,e individual welfare, of any particular applicant"
The proposed site plan, elevation and conditions of approval will ensure that the development will conform to City development standards for development within the residential zoning district and preserve the general welfare of the community WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and WHEREAS, the proposed project is categorically exempt from the California Environmental Quality Act ("CEQA") under Section 15303 (b) New Construction of no more than four dwellings per site and under Section 15332 In-Fill Development Projects and a Notice of Exemption will be filed with the Merced County Clerk within five (5) days of project approval; and WHEREAS, on March 14, 2023, the Livingston Planning Commission considered Conditional Use Permit Application No. CUP 2023-01 and Site Plan and Design Review Application No. SPDR 2023-01 and on a vote of 5-0, recommending approval both CUP 2023-01 and SPDR 2023-01 by the City Council.

NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby adopts Resolution 2023-_, approving the Conditional Use Application No. 2023-01 -A Townhouse Triplex apartment with Parking lot at 1222 B Street, including the submitted site plan, floor plan, and elevations.

BE IT FURTHER RESOLVED that Conditional Use Application No. 2023-01 shall be subject to the Conditions of Approval attached and incorporated herein as Exhibit A.

Passed and adopted this 20th day of June, 2023 by the following vote:

Page 2 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Jose A. Moran, Mayor
Of the City of Livingston
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 20th day of June, 2023.

Monica Cisneros, Deputy City Clerk
Of the City of Livingston

Page 3 of 4 ends

Exhibit A
Conditions of Approval
CUP No. 2023-01 - a Townhouse Triplex at 1222 B Street

1. The Developer shall comply with all federal, state and local laws, policies, standards and requirements applicable to such a use and obtain a building permit and all other permits applicable to such a use and shall pay all fees and exactions applicable to such a use; and

2. The Developer shall include residential sprinklers in the development consistent with the requirements of the Merced County Fire Department and shall comply with other Fire Department requirements and standards; and

3. The Developer shall comply with the 25 Conditions of the City Engineer as listed in the Memo dated February 24, 2023, attached hereto and made a part of this Resolution; and

4. City Engineer Condition of Approval No. 13 is amended to read as follows:

Per the Livingston Municipal Code sections 6-10-38 and 5-4-7, the applicant is responsible for removing the utility poles and undergrounding the utility lines within the property street frontage, as required by City Council policy and/or direction; and

5. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with this project; and

6. The development of the site shall be consistent with approved plans, elevations, and colors. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff; and

7. The developer shall submit final landscape plans for City staff review and approval specifying plant selection, size and irrigation consistent with the preliminary landscape concept submitted as part of the application and described in the associated staff report and shall pay the landscape inspection fee to insure installation was done according to plan; and

8. Any exterior lighting shall be submitted for City staff review and approval. Such lighting shall be directed to areas on the subject property itself and shall avoid shinning toward adjacent properties; and

9. The Developer shall comply with all requirements of PG&E as it relates to the construction of the project; and

10. The Developer and/or Operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner.

11. The Developer shall annex this Project site into the Community Facilities District (CFO) No. 2017-01 prior to the issuance of the Certificate of Occupancy, including payment of administrative costs associated with the annexation proceedings.

Page 4 of 4 ends

CITY OF UVJNGSTON

PROJECT & ENVIRONMENTAL REVIEW-PROJECT REFERRAL
DATE: January 24, 2023
TO:

State Agencies
() Caltrans Dist. 10, Tom Dumas & Hilda Sousa ()
() California Fish & Game Region 5, Craig Bailey ()
( ) Regional Water Quality Control Board, Region 5 ( )
Local Agencies
(X) Charter Communication, Abel Davila (X)
(X) PG & E, Plan Review Team (X)
(X) Merced Union High School District, Melissa Miller (X) (X) Merced Irrigation District, Ann-Marie Felsinger (X) (X) Merced Irrigation District, Mike Morris ( )
(X) MID, Waterplanning/almercedid.org ()
(X) MID, [email protected] ()
(X) Merced Irrigation District, Kevin L. Malone (X)
( ) MCAG, Stacie Guzman (X)
City Staff
(X) Acting City Manager, Jennifer Riedeman O
(X) City Engineer, Mario Gouveia (X)
(X) Gouveia Engineering, Noe Martinez (X)
(X) Building Inspector, Nick GoD.1.ales (X)
{X) Recreation Superintendent, Jacquie Benoit (X)
(X) City Council (5) (X)
(X) City Hall Counter ( )
FROM: Miguel Galvez, Contract City Planner
SNAPCD
State Clearinghouse ( l 5)
Other
Frontier Communications, Kirby Bernard
Livingston Unified School District, Nick Jones
U.S. Post Office, Sucha S. Attwal
Gilton Solid Waste, Ted Gilton
Merced County Planning, Mark Hendrickson
Merced County LAFCo, Bill Nicholson
Merced County Farm Bureau. Breanne Ramos
Livingston Library, Angelica Gomes
Merced County Sheriff
Merced County Fire, Rich Bohn - Fire Marshal
Merced County Fire, Brian White - Battalion Chief
Merced County Fire, M.arlc Pimentel - Battalion Chief
City Attorney, Josh Varinsky
Police Chief, Chuck Hale
Public Works Superintendent, Tony Avina
Planning Commission (7)
City of Livingston, 1416 C Street, Livingston. CA 95334 TYPE OF APPLICATION & PROJECT TITLE:

Conditional Use Permit Application No. CUP 2023-01 and Site Plan and Design Review Application No.

SPDR 2023-01 -1222 B Street Triplex Townhouses - a request to develop a two-story townhouse triplex, comprised of three (3) l,l 13 sq. ft. dwelling units with two (2) bedrooms and two (2) baths. The subject property is located at 1222 B Street, Livingston, CA. APN # 024-123-002. The subject property is owned by Sitnran Singh. The subject property is currently vacant. The project is zoned DTC (Downtown Commercial Density Residential) with a DC (Downtown Commercial) General Plan designation. The site plan illustrates seven (7) off street parking stalls, including one space for handicapped parking. A carport wiU be provided for four of the parking spaces. Each of the dwelling units will include an attached patio and private open space. Public water and sewer are available to server the site. The project is considered exempt under CEQA Guidelines, Section 15303(b), new construction of multi-family structures designed for not more than six dwelling units.

A'ITACHED REFERENCE MATERIALS: The materials attached to assist in the review of this project include:

I. Aerial Location Map

2. Assessor's Plat Map

3. General Plan Map

4. Zoning Map
S. Application Environmental Information

6. Site Plan, Elevations, Floor Plan, Landscaping and Irrigation Plans Please review the attached application materials and submit your comments to me no later than February 24, 2023, regarding required information, permits and/or approvals in consideration of this project. Your comments should include any foreseeable problems which might be created by the project and any conditions you feel are necessary to the granting of approval. You may return a response by either completing the comment section below or writing a detailed letter and sending it to the Livingston Planning Department via fax: (209) 394-4190, email:
[email protected], or regular mail: City of Livingston Planning Department, 1416 C Street, Livingston, CA 95334. The response form is requested for our files; if you have no comments, please indicate that on this response form and return to the Livingston Planning Department.

RESPONSE REQUESTED BY: Miguel Galvez, Contract City Planner, City of Livingston, (209) 394-5510. ******PLEASE COMPLETE THE FOLLOWING OR SUBMIT A SEPARATE COMMENT LETTER****** Conditional Use Permit Application No. CUP 2023-01 and Site Plan and Design Review Application No. SPDR 2023-01 -1222 B Street Triplex Townhouses - a request to develop a two-story townhouse triplex. comprised of three (3) 1.113 sq. ft. dwelling units with two (2) bedrooms and two (2) baths.

PERSoN REVIBWING PROJECT, Dul Li«J,~ <:_
NAME OF AGENCY RESPONDING: qoW:CI A:: ~~/,1,.)~/ AJit
PHONENUMBER:/ole?V K'</:-3300
2 GOUVEIA ENGINEERING

MEMORANDUM
TO:

FROM:

SUBJECT:

DATE:

CC:

Miguel Galvez, Contract City Plann~
Mario B. Gouveia, City Engineer k.,_}v,; ~~1,✓~ p_ l. far C: J ) Engineering Response to the Project Referral for the 1222 B Street Triplex Project CUP 2023- 01 and SPDR 2023-01 in Livingston, CA
February 24, 2023
Christopher Lopez, Interim City Manager
The following are Engineering's comments and/or Conditions of Approval for Conditional Use Permit 2023-01 and Site Plan Design Review 2023-01 for 1222 B Street in the City of Livingston.

CUP 2023-01 and SPDR 2023-01

1. The developer/applicant shall prepare improvement plans (separate from the building plans) for all applicable site development including, but not limited to, demolition, site grading and drainage, utilities, landscape, on-site and off-site (street frontage) improvements. Improvement plans shall be prepared based on topographical survey data as prepared by a qualified surveyor.

2. Public improvements shall conform to the latest edition of the City Improvement Standards and Specifications and any modifications thereto approved by the City Engineer in place at the time of construction. Improvements shall conform to other City adopted documents including the General Plan, Water Master Plan, Sewer Master Plan and Storm Water Master Plan. The work shall comply with all applicable State, Federal, and local laws and regulations.

3. All existing and proposed property lines shall be shown on the improvement plans.

4. Applicant shall prepare an Erosion Sediment Control Plan (ESCP) pursuant to the City of Livingston's MS4 Phase II Permit requirements for construction activities.

5. Unless exempt, prepare and provide volumetric sizing calculations, low development impact (LID) measures, operation and maintenance plan (O&M), and statement of responsibility agreement for storm water management in accordance with the City of Livingston's Post-construction Standards Plan and pursuant to the City's Phase II MS4 Permit requirements.

6. Unless exempt, prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for construction activities pursuant to Regulation VIII (Rules 8011-8081).

7. A soils report prepared by a California registered geotechnical engineer with recommendations for the structural sections for parking lot pavement/slab, excavation, compaction, clearing and grubbing requirements, etc.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600 Memorandum

Page 2 ends

8. Prepare any applicable grading and encroachment permits for the project. Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City's improvement standards, municipal code, and ordinances.

9. Applicant shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks.

10. The project parcel shall be annexed to all applicable assessment districts for the City of Livingston as determined by the City Planner.

11. Applicant shall cause the dedication of a 10-ft Public Utility Easement to the City of Livingston for B Street as shown on the site plan for the project.

12. Construct all proposed connections for dry utilities underground and within required easements by the respective utilities.

13. Per the Livingston Municipal Code sections 6-10-38 and 5-4-7, the Applicant is responsible for removing the utility poles and undergrounding the utility lines within the property street frontage.

14. Developer shall replace/repair existing sidewalk, driveway approach, curb and gutter not meeting ADA and/or City standards along B Street extending the length of the property line.

15. Remove the existing driveway approach and construct a new approach pursuant to the City standards and as approved by the City Engineer. Construct full height curb, gutter and sidewalk at existing curb cut that is not used for the new driveway approach pursuant to the City standards.

16. Provide an ADA accessible path of travel as shown on the site plan for the project and pursuant to ADA standards.

17. On-site parking areas must be designed and constructed in accordance with City Standards and as required by the City f Livingston.

18. Construct parking lot lighting as shown on the site plan for the project and as approved by City Planning.

19. Storm runoff shall be contained to a collection point (s) within the project site and conveyed off-site via underground pipes connected to curb drains that discharge to the existing gutter for gravity drain to the nearest drain inlet. Locate the new curb drains outside of the driveway approach. Underground storage for storm runoff may be required for MS4 post-construction compliance with an overflow to the public storm drain system. The project's storm runoff shall be calculated and contained pursuant to the City standards and as approved by the City Engineer.

20. Connect to the existing 12-inch water main on B Street or as approved by the City Engineer, for all proposed domestic, irrigation, and fire flows. Domestic and irrigation lines shall have separate metered connections. Developer shall provide backflow prevention for all irrigation and sprinkler system connections. Water connections shall include shutoff valves, corporation stops, water meters, backflow preventers, post indicator valves, and fire department connections as applicable.

21. Construct a new street fire hydrant assembly as shown on the site plan for the project and as approved by the Fire Department pursuant to the City standards.

22. Connect to the existing 8-inch sewer main on B Street or as approved by the City Engineer, for sanitary service and trash enclosure drains.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600 Memorandum

Page 3 ends

23. Construct the proposed trash enclosure as required by City Planning and pursuant to the City standards with access as approved by the City's refuse contractor.

24. Construct fencing and gates as required and approved by City Planning.

25. Repairs to any damaged City Facilities such as road/alley pavement, valley gutter, sidewalk, curb and gutter caused by construction and construction-related activities shall be completed as required by the City of Livingston and at developer's sole cost.
456 SIXTH STREET• GUSTlNE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600 Attachment 2
RESOLUTION 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING SITE PLAN AND DESIGN REVIEW APPLICATION NO. 2023-01 TO DEVELOP A TWO-STORY 3,339 SQUARE FOOT TOWNHOUSE TRIPLEX WITH A SEVEN-SPACE

PARKING LOT IN THE DOWNTOWN COMMERCIAL ZONING DISTRICT ON PROPERTY LOCATED AT 1222 B STREET, LIVINGSTON, CA,
(APN: 024-123-003)
WHEREAS, the project site is zoned OTC (Downtown Commercial), and has a General Plan designation of Downtown Commercial, according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; and
WHEREAS, pursuant to Livingston Municipal Code ("LMC") Section 5-3-15- Table 2 Residential Uses, development of a multi-family apartment in the OTC zoning district may be permitted by tl1e Planning Commission and City Council with the approval of a Conditional Use Permit and a Site Plan and Design Review Application; and
WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review application for new structures within the OTC zoning district to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development, and orderly development of the community; and
WHEREAS, Simran Singh, owner and lnderjit S. Toor, applicant, have applied for a Conditional Use Permit and Site Plan and Design Review application to construct a three-unit multi-family triplex townhouse apartment on property in the OTC Zoning District located on the south side of B Street, between 1st and 2nd Streets at 1222 B Street, Livingston, CA (Assessor Parcel Number 024 123 003, and
WHEREAS, staff has reviewed the project with reference to the 1999 General Plan and the Zoning Ordinance (specifically Sections 5-6-7 "C" thru "E"); and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use, its site plan and design, are generally consistent with the General Plan, are permitted and comply with the Zoning Ordinance; and
WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and WHEREAS, the proposed project is categorically exempt from the California Environmental Quality Act ("CEQA") under Section 15303 (b) New Construction of no more than four dwellings per site and under Section 15332 In-Fill Development Projects and a Notice of Exemption will be filed with the Merced County Clerk within five (5) days of project approval; and WHEREAS, on March 14, 2023, the Livingston Planning Commission considered Conditional Use Permit Application No. CUP 2023-01 and Site Plan and Design Review Application No. SPDR 2023-01 and on a vote of 5-0, recommending approval both CUP 2023-01 and SPDR 2023-01 by the City Council.

NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby adopts Resolution 2023-_, approving the Site Plan and Design Review Application No. 2023-01 - A Page I of3
Townhouse Triplex apartment with Parking lot at 1222 B Street, including the submitted site plan, floor plan, and elevations.

BE IT FURTHER RESOLVED that Site Plan and Design Review Application No 2023-01 shall be subject to the Conditions of Approval attached and incorporated herein as Exhibit A.

Passed and adopted this 20th day of June, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Jose A. Moran, Mayor
Of the City of Livingston
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 20th day of June, 2023.

Monica Cisneros, Deputy City Clerk
Of the City of Livingston

Page 2 ends

Exhibit A
Conditions of Approval
CUP No. 2023-01 - a Townhouse Triplex at 1222 B Street

1. The Developer shall comply with all federal, state and local laws, policies, standards and requirements applicable to such a use and obtain a building permit and all other permits applicable to such a use and shall pay all fees and exactions applicable to such a use; and

2. The Developer shall include residential sprinklers in the development consistent with the requirements of the Merced County Fire Department and shall comply with other Fire Department requirements and standards; and

3. The Developer shall comply with the 25 Conditions of the City Engineer as listed in the Memo dated February 24, 2023, attached hereto and made a part of this Resolution; and

4. City Engineer Condition of Approval No. 13 is amended to read as follows:

Per the Livingston Municipal Code sections 6-10-38 and 5-4-7, the applicant is responsible for removing the utility poles and undergrounding the utility lines within the property street frontage, as required by City Council policy and/or direction; and

5. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with this project; and

6. The development of the site shall be consistent with approved plans, elevations, and colors. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff; and

7. The developer shall submit final landscape plans for City staff review and approval specifying plant selection, size and irrigation consistent with the preliminary landscape concept submitted as part of the application and described in the associated staff report and shall pay the landscape inspection fee to insure installation was done according to plan; and

8. Any exterior lighting shall be submitted for City staff review and approval. Such lighting shall be directed to areas on the subject property itself and shall avoid shinning toward adjacent properties; and

9. The Developer shall comply with all requirements of PG&E as it relates to the construction of the project; and

10. The Developer and/or Operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner.

11. The Developer shall annex this Project site into the Community Facilities District (CFO) No. 2017-01 prior to the issuance of the Certificate of Occupancy, including payment of administrative costs associated with the annexation proceedings.

Page 3 ends

CITY OF UVINGSTON

PROJECT & ENVIRONMENTAL REVIEW-PROJECT REFERRAL
DATE: January 24, 2023
TO:

State Agencies
() Caltrans Dist. 10, Tom Dwnas & Hilda Sousa ()
( ) California Fish & Game Region 5, Craig Bailey ()
( ) Regional Water Quality Control Board, Region 5 ( )
Local Agencies
(X) Charter Communication. Abel Davila (X)
(X) PG & E, Plan Review Team (X)
(X) Merced Union High School District, Melissa Miller (X) (X) Merced Irrigation District, Ann-Marie Felsinger (X) (X) Merced Irrigation District, Mike Morris ( )
(X) MID, Watemlanningm>mercedid.org ()
(X) MID, [email protected] ( )
(X) Merced Irrigation District, Kevin L. Malone (X)
( ) MCAG, Stacie Guzman (X)
City Staff
(X) Acting City Manager, Jennifer Riedeman O
(X) City Engineer, Mario Gouveia (X)
(X) Gouveia Engineering, Noe Martinez (X)
(X) Building Inspector, Nick Gonzales (X)
(X) Recreation Superintendent, Jacquie Benoit (X)
(X) City Council (5) (X)
(X) City Hall Counter ( )
FROM: Miguel Galvez, Contract City Planner
SNAPCD
State Clearinghouse ( 15)
Other
Frontier Communications, Kirby Bernard
Livingston Unified School District, Nick Jones
U.S. Post Office, Sucha S. Attwal
Gilton Solid Waste, Ted Gilton
Merced County Planning, Mark Hendrickson
Merced County LAFCo, Bill Nicholson
Merced County Farm Bureau, Breanne Ramos
Livingston Library, Angelica Gomes
Merced County Sheriff
Merced County Fire, Rich Bohn - Fire Marshal
Merced County Fire, Brian White - Battalion Chief
Merced County Fire, Made Pimentel - Battalion Chief
City Attorney, Josh Varinsky
Police Chief: Chuck Hale
Public Works Superintendent, Tony Avina
Planning Commission (7)
City of Livingston, 1416 C Street, Livingston, CA 95334 TYPE OF APPUCATION & PROJECT TITLE:

Conditional Use Permit Application No. CUP 2023-01 and Site Plan and Design Review Application No.

SPDR 2023-01 - 1222 B Street Triplex Townhouses - a request to develop a two-story townhouse triplex. comprised of three (3) 1.113 sq. ft. dwelling units with two (2) bedrooms and two (2) baths. The subject property is located at 1222 B Street, Livingston, CA. APN # 024-123-002. The subject property is owned by Sirman Singh. The subject property is currently vacant. The project is zoned OTC (Downtown Commercial Density Residential) with a DC (Downtown Commercial) General Plan designation. The site plan illustrates seven (7) off street parking stalls, including one space for handicapped parking. A carport will be provided for four of the parking spaces. Each of the dwelling units will include an attached patio and private open space. Public water and sewer are available to server the site. The project is considered exempt under CEQA Guidelines, Section 15303{b), new construction of multi-family structures designed for not more than six dwelling writs.

A IT ACHED REFERENCE MATERIALS: The materials attached to assist in the review of this project include:
l. Aerial Location Map

2. Assessor's Plat Map

3. General Plan Map

4. Zoning Map
S. Application Environmental Infonnation

6. Site Plan, Elevations, Floor Plan. Landscaping and Irrigation Plans Please review the attached application materials and submit your comments to me no later than February 241 2023, regarding required infonnation, pennits and/or approvals in consideration of this project. Your comments should include any foreseeable problems which might be created by the project and any conditions you feel are necessary to the granting of approval. You may return a response by either completing the comment section below or writing a detailed letter and sending it to the Livingston Planning Department via fax: (209) 394-4190, email:
[email protected], or regular mail: City of Livingston Planning Department. 1416 C Street, Livingston, CA 95334. The response form is requested for our files; if you have no comments, please indicate that on this response form and return to the Livingston Planning Department.

RESPONSE REQUESTED BY: Miguel Galvez, Contract City Planner, City of Livingston, (209) 394-5510. ••••••PLEASE COMPLETE THE FOLLOWING OR SUBMIT A SEPARATE COMMENT LETTER•••••• Conditional Use Permit Application No. CUP 2023-01 and Site Plan and Design Review Application No. SPDR 2023-01 -1222 B Street Triplex Townhouses - a request to develop a two-story townhouse triplex, comprised of three (3) 1,113 sq. ft. dwelling units with two (2) bedrooms and two (2) baths.

PERSON REVJEWJNG PROJECT, !-Jo/ ~Ji~<__
NAME OF AGENCY RESPONDING: 4ouvo A::: f;,Jl,1.,J~/AJ/.i PHONE NUMBER:/J.tJV K~-3300
2 GOUVEIA ENGINEERING

MEMORANDUM
TO:

FROM:

SUBJECT:

DATE:

CC:

Miguel Galvez, Contract City Plann~
Mario B. Gouveia, City Engineer "-lt1t \A!~k~~. 'f~E. for ~ J ) Engineering Response to the Project Referral for the 1222 B Street Triplex Project CUP 2023- 01 and SPDR 2023-01 in Livingston, CA
February 24, 2023
Christopher Lopez, Interim City Manager
The following are Engineering's comments and/or Conditions of Approval for Conditional Use Permit 2023-01 and Site Plan Design Review 2023-01 for 1222 B Street in the City of Livingston.

CUP 2023-01 and SPDR 2023-01

1. The developer/applicant shall prepare improvement plans (separate from the building plans) for all applicable site development including, but not limited to, demolition, site grading and drainage, utilities, landscape, on-site and off-site (street frontage) improvements. Improvement plans shall be prepared based on topographical survey data as prepared by a qualified surveyor.

2. Public improvements shall conform to the latest edition of the City Improvement Standards and Specifications and any modifications thereto approved by the City Engineer in place at the time of construction. Improvements shall conform to other City adopted documents including the General Plan, Water Master Plan, Sewer Master Plan and Storm Water Master Plan. The work shall comply with all applicable State, Federal, and local laws and regulations.

3. All existing and proposed property lines shall be shown on the improvement plans.

4. Applicant shall prepare an Erosion Sediment Control Plan (ESCP) pursuant to the City of Livingston's MS4 Phase II Permit requirements for construction activities.

5. Unless exempt, prepare and provide volumetric sizing calculations, low development impact (LID) measures, operation and maintenance plan ( O&M), and statement of responsibility agreement for storm water management in accordance with the City of Livingston's Post-construction Standards Plan and pursuant to the City's Phase II MS4 Permit requirements.

6. Unless exempt, prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for construction activities pursuant to Regulation VIII (Rules 8011-8081).

7. A soils report prepared by a California registered geotechnical engineer with recommendations for the structural sections for parking lot pavement/slab, excavation, compaction, clearing and grubbing requirements, etc.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600 Memorandum
Page2

8. Prepare any applicable grading and encroachment permits for the project. Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City's improvement standards, municipal code, and ordinances.

9. Applicant shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks.

I 0. The project parcel shall be annexed to all applicable assessment districts for the City of Livingston as determined by the City Planner.

11. Applicant shall cause the dedication of a 10-ft Public Utility Easement to the City of Livingston for B Street as shown on the site plan for the project.

12. Construct all proposed connections for dry utilities underground and within required easements by the respective utilities.

13. Per the Livingston Municipal Code sections 6-10-38 and 5-4-7, the Applicant is responsible for removing the utility poles and undergrounding the utility lines within the property street frontage.

14. Developer shall replace/repair existing sidewalk, driveway approach, curb and gutter not meeting ADA and/or City standards along B Street extending the length of the property line.

15. Remove the existing driveway approach and construct a new approach pursuant to the City standards and as approved by the City Engineer. Construct full height curb, gutter and sidewalk at existing curb cut that is not used for the new driveway approach pursuant to the City standards.

16. Provide an ADA accessible path of travel as shown on the site plan for the project and pursuant to ADA standards.
1 7. On-site parking areas must be designed and constructed in accordance with City Standards and as required by the City f Livingston.

18. Construct parking lot lighting as shown on the site plan for the project and as approved by City Planning.

19. Storm runoff shall be contained to a collection point (s) within the project site and conveyed off-site via underground pipes connected to curb drains that discharge to the existing gutter for gravity drain to the nearest drain inlet. Locate the new curb drains outside of the driveway approach. Underground storage for storm runoff may be required for MS4 post-construction compliance with an overflow to the public storm drain system. The project's storm runoff shall be calculated and contained pursuant to the City standards and as approved by the City Engineer.

20. Connect to the existing 12-inch water main on B Street or as approved by the City Engineer, for all proposed domestic, irrigation, and fire flows. Domestic and irrigation lines shall have separate metered connections. Developer shall provide backflow prevention for all irrigation and sprinkler system connections. Water connections shall include shutoff valves, corporation stops, water meters, backflow preventers, post indicator valves, and fire department connections as applicable.

21. Construct a new street fire hydrant assembly as shown on the site plan for the project and as approved by the Fire Department pursuant to the City standards.

22. Connect to the existing 8-inch sewer main on B Street or as approved by the City Engineer, for sanitary service and trash enclosure drains.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600 Memorandum

Page 3 ends

23. Construct the proposed trash enclosure as required by City Planning and pursuant to the City standards with access as approved by tbe City's refuse contractor.

24. Construct fencing and gates as required and approved by City Planning.

25. Repairs to any damaged City Facilities such as road/alley pavement, valley gutter, sidewalk, curb and gutter caused by construction and construction-related activities shall be completed as required by the City of Livingston and at developer's sole cost.
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PROJECT PATA PROJECT ADDRESS: 1222 8 Street Livingston, CUfornia 9533' APN Number: 024-12J.OQ3 BUtLDIHG AREA: 1636 5 sf (ground eraa) 909 sr (total floor area)
NUMBER OF STORIES: iWO STORY
AREA OF PROPERTY 7 6SOSF
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Attachment 5
Notice of Exemption Appendix E
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
From: (Public Agency): __________ _
City of Livingston
1416 "C" Street, Livingston, CA 95334
County Clerk
County of: _M_e_rc_e_d ____ _ (Address)
2222 M Street
Merced, CA 95340
Project Title: CUP No. 2023-01 and SPDR No. 2023-01 - Townhouse Triplex Apartments.

Project Applicant: _S_im_ra_n_S_i_ng"-h _______________________ _ Project Location - Specific:
1222 B Street, Livingston, CA 95334
Project Location - City: _L_iv_in_g~s_t_o_n ____ _ Project Location - County: _M_e_r_c_e_d ____ _ Description of Nature, Purpose and Beneficiaries of Project:

Proposal to develop a 3,339 square foot 3-unit townhouse apartments on a 7,650 square foot lot in the DTC, Downtown Commercial Zoning District.

Name of Public Agency Approving Project: _C_it-=y_o_f_Li_v_in_,g=-s_t_o_n _____________ _ Name of Person or Agency Carrying Out Project: _S_i_m_ra_n_S_in.:::g_h _____________ _ Exempt Status: (check one):
□ Ministerial (Sec. 21080(b)(1 ); 15268);
□ Declared Emergency (Sec. 21080(b)(3); 15269(a));
□ Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
lil Categorical Exemption. State type and section number: 15303 (b) and 15332 □ Statutory Exemptions. State code number: _________________ _ Reasons why project is exempt:

The project consist of developing townhouse triplex apartments and the project site is located within the City Limits where utilities and services are available and the subject project site is under 5 acres in size.

Lead Agency . Contact Person: Miguel Galvez Area Codeffelephone/Extension: 209-394-8041 If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? • Yes No Signature: ___________ Date: ______ Title:
, Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 2111 O, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

Date Received for filing at QPR: ____ _
Revised 2011
Print Form
Attachment 6
RESOLUTION 2023-05

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON

RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CONDITIONAL USE PERMIT APPLICATION NO. CUP 2023-01 TO DEVELOP A TWO-STORY 3,339 SQUARE FOOT

TOWNHOUSE TRIPLEX WITH A SEVEN-SPACE PARKING LOT IN THE DOWNTOWN COMMERCIAL ZONING DISTRICT ON PROPERTY LOCATED AT 1222 B STREET, LIVINGSTON, CA, (APN: 024-123-003)
WHEREAS, pursuant to Livingston Municipal Code ("LMC") Section 5-6-9, Simran Singh, owner and lnderjit S. Toor Construction applicant, submitted Conditional Use Permit Application No. 2023-01 for the development of a two-story 3,339 square foot townhouse triplex with a sevenspace parking lot on property located on the south side of "B" Street at 1222 8 Street, Livingston, CA (Assessor Parcel Number 024-123-003); and
WHEREAS, the project site is zoned DTC (Downtown Commercial), and has a General Plan designation of Downtown Commercial according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; and
WHEREAS, LMC Section 5-3-15 - Table 2 - Residential Uses, development of multi-family dwelling units in the Downtown Commercial zoning district may be permitted by the Planning Commission with the approval of a Conditional Use Permit.

WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review application for new structures within the OTC zoning district to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development, and orderly development of the community; and
WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and WHEREAS, the proposed project is categorically exempt from the California Environmental Quality Act ("CEQA") under Section 15303 (b) New Construction of no more than four dwellings per site and under Section 15332 In Fill Development Projects and a Notice of Exemption will be filed with the Merced County Clerk within five (5) days of project approval; and WHEREAS, staff has reviewed the project with reference to the 1999 General Plan and the Zoning Ordinance (specifically Sections 5-6-7 "C" thru "E"); and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use, its site plan and design, is generally consistent with the General Plan, is permitted and complies with the Zoning Ordinance in that the site plan and design meets the standards and requirements (including those specifically referenced above.) WHEREAS, the following findings listed in LMC Section 5-6-9 (I) for approving the Use Permit can be made as follows:
{a) The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the applicable zoning district;
The proposed site plan, elevations for multi-family dwelling meets all 1 development standards in the OTC zoning district
(b) The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use; The site fronts on B Street, a fully developed public street that was designed to carry the traffic of the proposed multi-family dwellings. ( c) Public facilities are currently adequate to serve the proposed use or improvements are included in an approved capital improvement plan or othe,wise will be complete prior to the issuance of building permits; and
Public Facilities and utilities are available and adequate to serve the subject site. (d) The proposed development is consistent with the general plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant."
The proposed site plan, elevation and conditions of approval will ensure that the development will conform to City development standards for development within the downtown commercial zoning district and preserve the general welfare of the community.

NOW, THERFORE, BE IT RESOLVED that the Livingston Planning Commission hereby adopts Resolution 2023-05, recommending City Council approval of Conditional Use Permit application No. CUP 2023-01 - development of a two-story 3,339 square foot townhouse triplex with a seven space parking lot.

BE IT FURTHER RESOLVED that the Conditions of Approval with Planning Commission Resolution 2023-05, Exhibit A, are hereby recommended for approval.

The forgoing resolution was introduced and moved for adoption on March 14, 2023, by Commissioner Mendonca, and being duly seconded by Commissioner Bassi, was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Chair Bob Wallis, Vice-Chair Steve Bassi, Commissioner Mendoca, Commissioner Fuentes and Commissioner Harpreet Bains
None
None
None
2 Exhibit A
Conditions of Approval
CUP No. 2023-01 - a Townhouse Triplex at 1222 B Street

1. The Developer shall comply with all federal, state and local laws, policies, standards and requirements applicable to such a use and obtain a building permit and all other permits applicable to such a use and shall pay all fees and exactions applicable to such a use; and

2. The Developer shall include residential sprinklers in the development consistent with the requirements of the Merced County Fire Department and shall comply with other Fire Department requirements and standards; and

3. The Developer shall comply with the 25 Conditions of the City Engineer as listed in the Memo dated February 24, 2023, attached hereto and made a part of this Resolution; and

4. City Engineer Condition of Approval No. 13. is amend to read as follows:

Per the Livingston Municipal Code sections 6-10-38 and 5-4-7, the applicant is responsible for removing the utility poles and undergrounding the utility lines within the property street frontage, as required by City Council policy and/or direction; and

5. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with this project; and

6. The development of the site shall be consistent with approved plans, elevations, and colors. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff; and

7. The developer shall submit final landscape plans for City staff review and approval specifying plant selection, size and irrigation consistent with the preliminary landscape concept submitted as part of the application and described in the associated staff report and shall pay the landscape inspection fee to insure installation was done according to plan; and

8. Any exterior lighting shall be submitted for City staff review and approval. Such lighting shall be directed to areas on the subject property itself and shall avoid shinning toward adj a cent properties; and

9. The Developer shall comply with all requirements of PG&E as it relates to the construction of the project; and

10. The Developer and/or Operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner.
3 11. The Developer shall annex this Project site into the Community Facilities District (CFO) No. 2017-01 prior to the issuance of the Certificate of Occupancy, including payment of administrative costs associated with the annexation proceedings. 4 GOL"VEIA ENGIN!i~ERING

MEMORANDUM
TO:

FROM:

SUBJECT:

DATE:

CC:

Miguel Galvez, Contract City Plann\J
M . BG . C' E . . ( ano . ouve1a, 1ty ngmeer vt w_v+l,i,-~ I p.£.1 fv1 Engineering Response to the Project Referral for the 1222 B Street Triplex Project CUP 2023- 0 land SPDR 2023-0l in Livingston, CA
February 24, 2023
Christopher Lopez, Interim City Manager
The following are Engineering's comments and/or Conditions of Approval for Conditional Use Permit 2023-01 and Site Plan Design Review 2023-01 for 1222 B Street in the City of Livingston.

CUP 2023·01 and SPDR 2023-01

1. The developer/applicant shall prepare improvement plans (separate from the building plans) for all applicable site development including, but not limited to, demolition, site grading and drainage, utilities, landscape, on-site and off-site (street frontage) improvements. Improvement plans shall be prepared based on topographical survey data as prepared by a qualified surveyor.

2. Public improvements shall conform to the latest edition of the City Improvement Standards and Specifications and any modifications thereto approved by the City Engineer in place at the time of construction. Improvements shall confonn to other City adopted documents including the General Plan, Water Master Plan, Sewer Master Plan and Storm Water Master Plan. The work shall comply with all applicable State, Federal, and local laws and regulations.

3. All existing and proposed property lines shall be shown on the improvement plans.

4. Applicant shall prepare an Erosion Sediment Control Plan (ESCP) pursuant to the City of Livingston's MS4 Phase II Pennit requirements for construction activities.

5. Unless exempt, prepare and provide volumetric sizing calculations, low development impact (LID) measures, operation and maintenance plan (O&M), and statement of responsibility agreement for storm water management in accordance with the City of Livingston's Post-construction Standards Plan and pursuant to the City's Phase II MS4 Permit requirements.

6. Unless exempt, prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for construction activities pursuant to Regulation VIII (Rules 80 I 1-8081).

7. A soils report prepared by a California registered geotechnical engineer with recommendations for the structural sections for parking lot pavement/slab, excavation, compaction, clearing and grubbing requirements, etc.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600 Memorandum
Page2

8. Prepare any applicable grading and encroachment permits for the project. Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City's improvement standards, municipal code, and ordinances.

9. Applicant shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks.

10. The project parcel shall be annexed to all applicable assessment districts for the City of Livingston as determined by the City Planner.

11. Applicant shall cause the dedication ofa IQ.ft Public Utility Easement to the City of Livingston for B Street as shown on the site plan for the project.

12. Construct all proposed connections for dry utilities underground and within required easements by the respective utilities.

13. Per the Livingston Municipal Code sections 6-10-38 and 5-4-7, the Applicant is responsible for removing the utility poles and undergrounding the utility lines within the property street frontage.

14. Developer shall replace/repair existing sidewalk, driveway approach, curb and gutter not meeting ADA and/or City standards along B Street extending the length of the property line.

15. Remove the existing driveway approach and construct a new approach pursuant to the City standards and as approved by the City Engineer. Construct full height curb, gutter and sidewalk at existing curb cut that is not used for the new driveway approach pursuant to the City standards.

16. Provide an ADA accessible path of travel as shown on the site plan for the project and pursuant to ADA standards.

17. On-site parking areas must be designed and constructed in accordance with City Standards and as required by the City fLivingston.

18. Construct parking lot lighting as shown on the site plan for the project and as approved by City Planning.

19. Storm runoff shall be contained to a collection point (s) within the project site and conveyed off-site via underground pipes connected to curb drains that discharge to the existing gutter for gravity drain to the nearest drain inlet. Locate the new curb drains outside of the driveway approach. Underground storage for storm runoff may be required for MS4 post-construction compliance with an overflow to the public storm drain system. The project's storm runoff shall be calculated and contained pursuant to the City standards and as approved by the City Engineer.

20. Connect to the existing 12-inch water main on B Street or as approved by the City Engineer, for all proposed domestic, irrigation, and fire flows. Domestic and irrigation lines shall have separate metered connections. Developer shall provide backflow prevention for all irrigation and sprinkler system connections. Water connections shall include shutoff valves, corporation stops, water meters, backflow preventers, post indicator valves, and fire department connections as applicable.

21. Construct a new street fire hydrant assembly as shown on the site plan for the project and as approved by the Fire Department pursuant to the City standards.

22. Connect to the existing 8-inch sewer main on B Street or as approved by the City Engineer, for sanitary service and trash enclosure drains.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 8S4-3300 • FAX (209) 8S4-3600 Memorandum

Page 3 ends

23. Construct the proposed trash enclosure as required by City Planning and pursuant to the City standards with access as approved by the City's refuse contractor.

24. Construct fencing and gates as required and approved by City Planning.

25. Repairs to any damaged City Facilities such as road/alley pavement, valley gutter, sidewalk, curb and gutter caused by construction and construction-related activities shall be completed as required by the City of Livingston and at developer's sole cost.
456 SIXTH STREET• GUSTINE, CALIFORNIA 9S322 • TELEPHONE (209) 8S4-3300 • FAX (209) 8S4-3600 Pacific Gas and
Electric Company
Plan Review Team
Land Management
[email protected]
February 27, 2023
Martha Abeloe
City of Livingston
1416 C Street
Livingston, CA 95334
Re: 1222 B Street-Triplex Townhouses
1222 B Street, Livingston, CA 95334
Dear Martha Abeloe,
Thank you for giving us the opportunity to review the subject plans. The proposed 1222 B Street-Triplex Townhouses is within the same vicinity of PG&E's existing facilities that impact this property.

PG&E operates a high-pressure gas transmission main, in addition to an overhead electric distribution along within B Street within the vicinity of your proposed development.

Landscaping must be designed to allow PG&E to access the pipeline for maintenance and not interfere with pipeline coatings or other cathodic protection systems. No trees, shrubs, brush, vines, and other vegetation may be planted within the easement area. Only those plants, ground covers, grasses, flowers, and low-growing plants that grow unsupported to a maximum of four feet ( 4 ') in height at maturity may be planted within the easement area. When planting near said overhead line, select only small trees that will grow no taller than 25-feet at maturity.

All utility crossings of a gas pipeline should be made as close to perpendicular as feasible. All utility lines crossing the gas pipeline must have a minimum of 24 inches of separation from the gas pipeline. Any digging within 2 feet of a gas pipeline must be dug by hand.

Any plans to cut temporary slopes exceeding a 1 :4 grade within l O feet of a gas transmission pipeline need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work.

A PG&E Gas Transmission Standby Inspector must be present during any demolition or construction activity that comes within 10 feet of the gas pipeline. This includes all grading, trenching, substructure depth verifications (potholes), asphalt or concrete demolition/removal, removal of trees, signs, light poles, etc. This inspection can be coordinated through the Underground Service Alert (USA) service at 811.

To prevent damage to the buried gas pipeline, there are weight limits that must be enforced whenever any equipment gets within 10 feet of traversing the pipe. Ensure a list of the axle weights of all equipment being used is available for PG&E's Standby Inspector. · PG&E Gas and Electric Facilities
Public

Page 1 ends

llrl Pacific Gas am/
rr:'r-J1 Electric Company
Please contact the Building and Renovation Center (BRSC) for facility map requests by calling 1-877-743-7782 and PG&E's Service Planning department at www.pge.com/cco for any modification or relocation requests, or for any additional services you may require.

If you have any questions regarding our response, please contact me at [email protected].

Sincerely,
({Ur-~· ( drA 'l}J."'··•
' (/
Alexa Gardea
Land Management
916-760-5738
PG&E G~s and Electric Facilities
Public Page2
Attachment 7
RESOLUTION 2023-06

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON

RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SITE PLAN AND DESIGN REVIEW NO. SPDR 2023-01 TO DEVELOP A TWO-STORY 3,339 SQUARE FOOT

TOWNHOUSE TRIPLEX WITH A SEVEN-SPACE PARKING LOT IN THE DOWNTOWN COMMERCIAL ZONING DISTRICT ON PROPERTY LOCATED AT 1222 B STREET, LIVINGSTON, CA, (APN: 024-123-003)
WHEREAS, pursuant to Livingston Municipal Code ("LMC") Section 5-6-7, Simran Singh, owner and lnderjit S. Toor Construction applicant submitted Site Plan and Design Review Application No. SPOR 2023-02 for the development of a two-story 3,339 square foot townhouse triplex with a seven- space parking lot on property located on the south side of "B" Street at 1222 B Street, Livingston, CA (Assessor Parcel Number 024-123-003); and WHEREAS, the project site is zoned OTC (Downtown Commercial), and has a General Plan designation of Downtown Commercial according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; and
WHEREAS, LMC Section 5-3-15 - Table Residential Uses, Dwelling, Development of a mu It i-family dwelling in the DTC zoning district may be permitted by the Planning Commission with the approval of a Conditional Use Permit. Approval of Use Permit application No. CUP 2023-01 was considered and approved by the Planning Commission on March 14, 2023.

WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review application for new structures within the OTC zoning district to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development, and orderly development of the community; and WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and
WHEREAS, the proposed project is categorically exempt from the California Environmental Quality Act ("CEQA") under Section 15303 (b) New Construction of no more than four dwellings per site and under Section 15332 In-Fill Development Projects and a Notice of Exemption will be filed with the Merced County Clerk within five (5) days of project approval; and
WHEREAS, staff has reviewed the project with reference to the 1999 General Plan and the Zoning Ordinance (specifically Sections 5-6-7 "C" thru "E"); and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use, its site plan and design, is generally consistent with the General Plan, is permitted and complies with the Zoning Ordinance in that the site plan and design meets the zoning standards and requirements (including those specifically referenced above).

NOW, THEREFORE, BE IT RESOLVED that the Livingston Planning Commission hereby adopts Resolution 2023-06, recommending City Council approval of the Site Plan and Design Review Application No. 2023-01 - development of a two-story 3,339 square foot townhouse triplex with a seven space parking lot..

BE IT FURTHER RESOLVED that the Conditions of Approval within Planning Commission Resolution 2023-06, Exhibit A are hereby recommended for approval.

The foregoing resolution was introduced and moved for adoption on March 14, 2023, by Commissioner Mendonca and being duly seconded by Commissioner Fuentes, was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Chair Bob Wallis, Vice-Chair Steve Bassi, Commissioner Mendonca, Commissioner Fuentes and Commissioner Harpreet Bains
None
None
None
a~
Chair BOB WALLIS
2 Exhibit A
Conditions of Approval
SPDR No. 2023-01 - a Townhouse Triplex at 1222 B Street

1. The Developer shall comply with all federal, state and local laws, policies, standards and requirements applicable to such a use and obtain a building permit and all other permits applicable to such a use and shall pay all fees and exactions applicable to such a use; and

2. The Developer shall include residential sprinklers in the development consistent with the requirements of the Merced County Fire Department and shall comply with other Fire Department requirements and standards; and

3. The Developer shall comply with the 25 Conditions of the City Engineer as listed in the Memo dated February 24, 2023, attached hereto and made a part of this Resolution; and

4. City Engineer Condition of Approval No. 13. is amend to read as follows:

Per the Livingston Municipal Code sections 6-10-38 and 5-4-7, the applicant is responsible for removing the utility poles and undergrounding the utility lines within the property street frontage, as required by City Council policy and/or direction; and

5. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with this project; and

6. The development of the site shall be consistent with approved plans, elevations, and colors.

Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff; and

7. The developer shall submit final landscape plans for City staff review and approval specifying plant selection, size and irrigation consistent with the preliminary landscape concept submitted as part of the application and described in the associated staff report and shall pay the landscape inspection fee to insure installation was done according to plan; and

8. Any exterior lighting shall be submitted for City staff review and approval. Such lighting shall be directed to areas on the subject property itself and shall avoid shinning toward adjacent properties; and

9. The Developer shall comply with all requirements of PG&E as it relates to the construction of the project; and

10. The Developer and/or Operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner.

11. The Developer shall annex this Project site into the Community Facilities District (CFO) No. 2017-01 prior to the issuance of the Certificate of Occupancy, including payment of administrative costs associated with the annexation proceedings. 3 GOUVEIA ENGINEERING

MEMORANDUM
TO:

FROM:

SUBJECT:

DATE:

CC:

Miguel Galvez, Contract City Plann~
Mario B. Gouveia, City Engineer kJo/ ~~1,YL I 1'-E.) -fo, Engineering Response to the Project Referral for the 1222 B Street Triplex Project CUP 2023- 01 and SPDR 2023-01 in Livingston, CA
February 24, 2023
Christopher Lopez, Interim City Manager
The following are Engineering's comments and/or Conditions of Approval for Conditional Use Permit 2023-01 and Site Plan Design Review 2023-01 for 1222 B Street in the City of Livingston.

CUP 2023-01 and SPDR 2023-01

1. The developer/applicant shall prepare improvement plans (separate from the building plans) for all applicable site development including, but not limited to, demolition, site grading and drainage, utilities, landscape, on-site and off-site { street frontage) improvements. Improvement plans shall be prepared based on topographical survey data as prepared by a qualified surveyor.

2. Public improvements shall conform to the latest edition of the City Improvement Standards and Specifications and any modifications thereto approved by the City Engineer in place at the time of construction. Improvements shall conform to other City adopted documents including the General Plan, Water Master Plan, Sewer Master Plan and Storm Water Master Plan. The work shall comply with all applicable State, Federal, and local laws and regulations.

3. All existing and proposed property lines shall be shown on the improvement plans.

4. Applicant shall prepare an Erosion Sediment Control Plan (ESCP) pursuant to the City of Livingston's MS4 Phase II Permit requirements for construction activities.

5. Unless exempt, prepare and provide volumetric sizing calculations, low development impact (LID) measures, operation and maintenance plan (O&M), and statement of responsibility agreement for storm water management in accordance with the City of Livingston's Post-construction Standards Plan and pursuant to the City's Phase II MS4 Permit requirements.

6. Unless exempt, prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for construction activities pursuant to Regulation VIII (Rules 8011-8081).

7. A soils report prepared by a California registered geotechnical engineer with recommendations for the structural sections for parking lot pavement/slab, excavation, compaction, clearing and grubbing requirements, etc.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600 Memorandum
Page2

8. Prepare any applicable grading and encroachment permits for the project. Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City's improvement standards, municipal code, and ordinances.

9. Applicant shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks.

I 0. The project parcel shall be annexed to all applicable assessment districts for the City of Livingston as determined by the City Planner.

11. Applicant shall cause the dedication of a I 0-ft Public Utility Easement to the City of Livingston for B Street as shown on the site plan for the project.

12. Construct all proposed connections for dry utilities underground and within required easements by the respective utilities.

13. Per the Livingston Municipal Code sections 6-10-38 and 5-4-7, the Applicant is responsible for removing the utility poles and undergrounding the utility lines within the property street frontage.

14. Developer shall replace/repair existing sidewalk, driveway approach, curb and gutter not meeting ADA and/or City standards along B Street extending the length of the property line.

15. Remove the existing driveway approach and construct a new approach pursuant to the City standards and as approved by the City Engineer. Construct full height curb, gutter and sidewalk at existing curb cut that is not used for the new driveway approach pursuant to the City standards.

16. Provide an ADA accessible path of travel as shown on the site plan for the project and pursuant to ADA standards.

17. On-site parking areas must be designed and constructed in accordance with City Standards and as required by the City f Livingston.

18. Construct parking lot lighting as shown on the site plan for the project and as approved by City Planning.

19. Storm runoff shall be contained to a collection point (s) within the project site and conveyed off-site via underground pipes connected to curb drains that discharge to the existing gutter for gravity drain to the nearest drain inlet. Locate the new curb drains outside of the driveway approach. Underground storage for storm runoff may be required for MS4 post-construction compliance with an overflow to the public storm drain system. The project's storm runoff shall be calculated and contained pursuant to the City standards and as approved by the City Engineer.

20. Connect to the existing 12-inch water main on B Street or as approved by the City Engineer, for all proposed domestic, irrigation, and fire flows. Domestic and irrigation lines shall have separate metered connections. Developer shall provide backflow prevention for all irrigation and sprinkler system connections. Water connections shall include shutoff valves, corporation stops, water meters, backflow preventers, post indicator valves, and fire department connections as applicable.

21. Construct a new street fire hydrant assembly as shown on the site plan for the project and as approved by the Fire Department pursuant to the City standards.

22. Connect to the existing &-inch sewer main on B Street or as approved by the City Engineer, for sanitary service and trash enclosure drains.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600 Memorandum

Page 3 ends

23. Construct the proposed trash enclosure as required by City Planning and pursuant to the City standards with access as approved by the City's refuse contractor.

24. Construct fencing and gates as required and approved by City Planning.

25. Repairs to any damaged City Facilities such as road/alley pavement, valley gutter, sidewalk, curb and gutter caused by construction and construction-related activities shall be completed as required by the City of Livingston and at developer's sole cost.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600 Pacific Gas and
Electric Company
Plan Review Team
Land Management
PGl:[email protected]
February 27, 2023
Martha Abeloe
City of Livingston
1416 C Street
Livingston, CA 95334
Re: 1222 B Street-Triplex Townhouses
1222 B Street, Livingston, CA 95334
Dear Martha Abeloe,
Thank you for giving us the opportunity to review the subject plans. The proposed 1222 B Street-Triplex Townhouses is within the same vicinity of PG&E's existing facilities that impact this property.

PG&E operates a high-pressure gas transmission main, in addition to an overhead electric distribution along within B Street within the vicinity of your proposed development.

Landscaping must be designed to allow PG&E to access the pipeline for maintenance and not interfere with pipeline coatings or other cathodic protection systems. No trees, shrubs, brush, vines, and other vegetation may be planted within the easement area. Only those plants, ground covers, grasses, flowers, and low-growing plants that grow unsupported to a maximum of four feet (4') in height at maturity may be planted within the easement area. When planting near said overhead line, select only small trees that will grow no taller than 25-feet at maturity.

All utility crossings of a gas pipeline should be made as close to perpendicular as feasible. All utility lines crossing the gas pipeline must have a minimum of 24 inches of separation from the gas pipeline. Any digging within 2 feet of a gas pipeline must be dug by hand.

Any plans to cut temporary slopes exceeding a 1 :4 grade within 10 feet of a gas transmission pipeline need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work.

A PG&E Gas Transmission Standby Inspector must be present during any demolition or construction activity that comes within 10 feet of the gas pipeline. This includes all grading, trenching, substructure, depth verifications (potholes), asphalt or concrete demolition/removal, removal of trees, signs, light poles, etc. This inspection can be coordinated through the Underground Service Alert (USA) service at 811.

To prevent damage to the buried gas pipeline, there are weight limits that must be enforced whenever any equipment gets within 10 feet of traversing the pipe. Ensure a list of the axle weights of all equipmcmt being used is available for PG&E's Standby Inspector.

PG&E Gas and Electrilc Facilities
Public

Page 1 ends

Pacific Gas and
Electric Compa11y
Please contact the Building and Renovation Center (BRSC) for facility map requests by calling 1-877-743-7782 and PG&E's Service Planning department at:www.~,ge.com/cco for any modification or relocation requests, or for any additional services you may require.

If you have any questions regarding our response, please contact me at [email protected].

Sincerely,
1 { ft .:K ~ ,1r111(J•,-·
' 0
Alexa Gardea
Land Management
916-760-5738
PG&E Gas and Electric Facilities
Public Page 2
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Adopt a Resolution Approving a Professional Services Agreement with Bryant L. Jolley Certified Public Accountants and Approving an Amended Contract with Lance, Soll & Lung hard, LLP (LSL) June 20, 2023
Happy Bains, Senior Accountant
Christopher Lopez, Interim City Manager

RECOMMENDATION
Staff recommends that the City Council adopt a Resolution approving a professional services agreement with Bryant L. Jolley Certified Public Accountants in the amount not to exceed $30,000 for year-end closing and audit support services for fiscal year 2021-22 and an amendment with LSL for auditing services.

BACKGROUND
After an RFP process in February 2021 the City entered into a 3 year contract with Lance, Soll & Lunghard, LLP (LSL) for audit services for fiscal years 2020-2021 ($38,920), 2021-2022 ($39,698), 2022-2023 ($40,492). The contract also provided for two additional years.

In preparation for an audit, auditors provide to a client a PBC list, which lists all items the auditors need for interim and year end fieldwork. City staff requested this information last spring, in order to get started on required items for the audit, for the fiscal year ending June 30, 2022. LSL assured staff it would be provided within a few days. The PBC list was not provided until January of 2023.

Because of staff working on the budget and new staff not familiar with the audit process the audit has been delayed.

Annual audits are required per the City's Municipal Code, federal and state funding and continuing disclosure for an outstanding bond issue.

DISCUSSION
In addition to the PBC lists not being received timely, on May 16, 2023 City staff received notification from LSL stating that in order for them to perform the audit for fiscal year ending June 30, 2022 the fee will need to be increased.
2020/21 2021/2022 2022/23
Current Contract $38,920 $39,698 $40,492
Amended - $68,370 $57,454
Contract
Increase - $28,672 $16,962
Because of the delay and extra time required for a new firm to perform an audit, City staff is recommending that an amendment be entered into with LSL.

Page l of2
With the increased fee, an RFP for audit services was sent out to six firms with a response due date of June 2, 2023. No responses were received as of as of the due date.

Bryant L. Jolley Public Accountants will assistance the city with the following items:

1. Year-end close of the financial records

2. Reconciliation of balance sheet and income statements

3. Capital Assets

4. GASB 68, GASB 75, and GASB 87

5. Debt Services
This engagement will ensure the audit is completed in a timely manner.

FISCAL IMPACT
The amount for the professional services will be covered by appropriated funds in the 2022/2023 budget and the proposed 2023/2024 budget.

ATTACHMENTS

1. Resolution

2. Bryant L. Jolley Agreement

3. Lance, Soll & Lunghard Amended Contract

Page 2 ends

RESOLUTION 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH BRYANT L. JOLLEY CERTIFIED PUBLIC

ACCOUNTANTS AND APPROVING AN AMENDED CONTRACT WITH LANCE, SOLL &

LUNGHARD, LLP (LSL)
WHEREAS, City of Livingston Municipal Code, federal and state agencies and an outstanding debt issue requires an annual audit of financial records; and WHEREAS, the City of Livingston has a fiduciary responsibility to have its financial records and transactions audited each fiscal year by an independent Certified Public Accounting firm; and

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

1. The above recitals are true and correct.

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

3. This resolution is effective immediately upon adoption.

Passed and adopted this 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Jose A. Moran, Mayor
of the City of Livingston
I hereby certify, that the foregoing resolution was regularly introduced, passed and adopted at a special meeting of the City Council of the City of Livingston this 20th day of June 2023.

Monica Cisneros, Deputy City Clerk
of the City of Livingston

Page 1 of 1 ends

BRYANT L.JOLLEY

CERTIFIED PUBLIC ACCOUNTANTS
May 10, 2023
Mr. Happy Bains
City of Livingston
1416 C Street
Livingston, CA 95334
Dear Mr. Bains:

Bryant L.JollC)• C.P.A.

Ryan P.Jolley C.P.A.

Darryl L Smith C.P.A.

Luis A. Petez C.P .A.

Lan T. Kimoto
This letter confirms the engagement of Bryant L. Jolley, CPA by the City of Livingston (the "City") as of and for the years ended June 30, 2022. The professional consulting services we currently expect to provide include the following:
· 1) We will assist the City in the year-end close of its financial records by performing reconciliations of balance sheet and income statement balances, as deemed necessary, in preparation of the City's June 30, 2022 audit, and function as a liaison with the City's external auditors for any areas in which we assist. Initially, this will consist of Bank Reconciliations and Capital Assets.
2) We will prepare all journal entries necessary for the City to conve,t its financial statements from the modified accrual to full accrual basis of accounting. This includes GASB 68, GASB 75 and the implementation ofGASB 87.
3) We will provide the City with additional consultation as agreed-upon with City management.

The scope, timing and extent of the additional consultation will be discussed prior to the commencement of any work.

All workpapers or other documents used by us during this engagement will be maintained in segregated files, and such originals and all copies will be returned to you upon the completion of our engagement.

Electronic Data Communication and Storage and Use of Third-Party Service Provider In the interest of facilitating our services to the City, we may communicate by facsimile transmission, send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendor secured pmtals or clouds.

Electronic data that is confidential to the City may be transmitted or stored using these methods. We may use third-party service providers to store or transmit this data, such as providers of tax return preparation and document management software. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and data access secure in accordance with our obligations under applicable laws and professional standards. We also require all of our third-party vendors to do the same.
901 "N" STREET, SUITE 104 FIREBAUGH, LIVINGSTON 93622 PHONE 559.659.3045 FAX 559,659.0615 You recognize and accept that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by s or our third-party vendors, and consent to our use of these electronic devices and applications and submission of confidential client infonnation to third-party service providers during this engagement.

Our fees for the above services for the years ended June 30, 2022 will be as follows:

Consulting Services, as listed in item 1-3 (hourly, not to exceed) $ 30,000 Hourly Rates for experienced professional staff including Ryan Jolley, Darryl Smith, Luis Perez and Lan Kimoto will be billed at $200/hour.

Our fees are based on expected hours required to perform the service at our standard hourly rates.

Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your consulting engagement. Our billing rates are reviewed annually and, where appropriate, adjusted for any increases due to inflation and other factors. We will issue a monthly billing statement for the work completed in tl1at month, Payments for services are due when rendered and interim billings may be submitted as work progress~ and expenses are incurred. Our fee estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the services listed. If significant time is necessary, we will discuss it with you before we incur additional costs. The fees for these services will be billed at the hourly billing rate for the individual involved, plus out-ofpocket expenses.

If any dispute pertaining to our work product arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes before resorting to litigation. The costs of any mediation proceeding shall be shared equally by all parties.

All work will be suspended if your account becomes 90 days past due. No work will be resumed until your account is fully paid. You acknowledge and agree that in the event we stop work or withdraw from this engagement as a result of your failure to pay on a timely basis for services rendered as required by this engagement letter, we shall not be liable for any damages that occur as a result of our ceasing to render services. Client and accountant both agree that any dispute over fees charged by the accountant to the client will be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association.

Such arbitration shall be binding and final. IN AGREEING TO ARBITRATION, WE BOTH

ACKNOWLEDGE THAT, IN THE EVENT OF A DISPUTE OVER FEES CHARGED BY THE

ACCOUNT ANT, EACH OF US IS GIVING UP THE RIGHT TO HA VE THE DISPUTE

DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD WE ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION.

If infonnation becomes known that would make our continued involvement in this engagement inappropriate, or parties involved change, we reserve the right to withdraw from this engagement. ln addition, we will refuse to perform any requested act that we deem a violation of law, public policy, or our professional ethical standards, and may, as a result, withdraw from the engagement without penalty.
2 In no event will our firm be liable for incidental or consequential damages resulting from our performance on this engagement. even if we have been advised of the possibility of such damage.

If these terms are in accordance with your understanding and meet with your approval, then please sign and date one copy of this letter in the space provided. This agreement will become effective when you return the signed copy to us.

Sincerely,
~--/./~
Ryan P. Jolley, CPA
RESPONSE:

Management Signature Title Date
3 CITY OF LIVINGSTON

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LIVINGSTON

AND LANCE, SOLL, & LUNGHARD, LLP

TO PROVIDE PROFESSIONAL AUDIT SERVICES

FIRST CONTRACT AMENDMENT
THIS AGREEMENT, dated for convenience this 3rd day of March, 2021, is by and between Lance, Soll, & Lunghard, LLP ("CONSUL TANT") and the City of Livingston, a California municipal corporation ("CITY");
RECITALS:

WHEREAS, CONSUL TANT is specially trained, experienced, and competent to perform Auditing Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSUL TANT is willing to render such services, as hereinafter defined, on the following terms and conditions;
NOW, THEREFORE, CONSUL TANT and the CITY agree as follows:

AGREEMENT
(1) Scope of Service
CONSUL TANT agrees to perform auditing and consultation services in accordance with the scope of work and fee proposal provided by CONSUL TANT, attached hereto as Exhibit "A" and incorporated herein by reference.

CONSUL TANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY'S satisfaction. (2) Compensation
CITY hereby agrees to pay CONSUL TANT a sum not to exceed $164,744, for the Professional Auditing Services rendered in the first three (3) years of this agreement as follows: Year-1: $38,920; Year-2: $68,370; and Year-3: $57,454.

At the discretion of the CITY, the agreement may be extended for two (2) additional years at the rates not to exceed: Year-4: $53,707 and Year-5: $53,909 for a combined total of $272,360 set forth in Exhibits "A". CONSUL TANT shall be paid any uncontested sum due and payable within thirty (30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete.

Page 1 of 11 ends

CITY OF LIVINGSTON - AGREEMENT WITH LANCE, SOLL, & LUNGHARD, LLP TO

PROVIDE PROFESSIONAL AUDITING SERVICES
In no event shall CONSUL TANT be entitled to compensation for work not included in Exhibit "A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY's authorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.
(3) Effective Date and Term.

The effective date of this Agreement is March 3rd, 2021, and it shall continue for a period of three (3) years through March 30, 2024 with the option to extend for two (2) additional years through March 30, 2026.
(4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSUL TANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSUL TANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit "A" to City's satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSUL TANT is an employee of the CITY. (5) Billings
CONSULTANT'S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSUL TANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSUL TANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section (2) for either task or for the entire Agreement, unless modified by a properly executed change order.
(6) Advice and Status Reporting
CONSUL TANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
(7) Assignment of Personnel
CONSUL TANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSUL TANT to remove a person assigned to the work called for under this Agreement, CONSUL TANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request.

Page 2 of 11 ends

CITY OF LIVINGSTON - AGREEMENT WITH LANCE, SOLL, & LUNGHARD, LLP TO

PROVIDE PROFESSIONAL AUDITING SERVICES
The services shall be performed by, or under the direct superv1s1on, of CONSUL TANT's Authorized Representative: PERSON, CONSUL TANT shall not replace its Authorized Representative without the prior written approval by the CITY.
(8) Assignment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSUL TANT. Neither this Agreement nor any interest therein may be assigned by CONSUL TANT without the prior written approval of CITY'S authorized representative.

CONSUL TANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted iri the proposal, without prior written approval of the CITY'S authorized representative. (9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSUL TANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections (a) through (c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.

CONSUL TANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
(a) Workers' Compensation. CONSUL TANT shall, at CONSULTANT'S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by CONSUL TANT. Said Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONSUL TANT may rely on a selfinsurance program to meet these requirements provided that the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSUL TANT, if a program of self-insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
(b) Commercial General and Automobile Liability Insurance.

CONSUL TANT, at CONSULTANT'S own cost and expense, shall

Page 3 of 11 ends

CITY OF LIVINGSTON - AGREEMENT WITH LANCE, SOLL, & LUNGHARD, LLP TO

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

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) and Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (any auto).

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
(i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSUL TANT, including the insider's general supervision of CONSUL TANT; products and completed operations of
CONSUL TANT; premises owned, occupied or used by
CONSUL TANT. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
(ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
(iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. (iv) Any failure of CONSUL TANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. (v) Insurance is to be placed with California-admitted insurers with a Best's rating of no less than A: VII.

Page 4 of 11 ends

CITY OF LIVINGSTON - AGREEMENT WITH LANCE, SOLL, & LUNGHARD, LLP TO

PROVIDE PROFESSIONAL AUDITING SERVICES
(vi) Notice of cancellation or non-renewal must be received by CITY at least thirty days prior to such change.
(c) Professional Liability. CONSUL TANT, at CONSULTANT'S own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than One Million Dollars ($1,000,000) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
(i) Any deductible or self-insured retention shall not exceed $150,000 per claim.
(ii) Notice of cancellation, material change, or non-renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
(iii) The policy must contain a cross liability or severability of interest clause.
(iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:

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

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

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

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

4. A copy of the claim reporting requirements must be

Page 5 of 11 ends

CITY OF LIVINGSTON - AGREEMENT WITH LANCE, SOLL, & LUNGHARD, LLP TO

PROVIDE PROFESSIONAL AUDITING SERVICES
(d}
(e}
submitted to the CITY prior to the commencement of
any work under this Agreement.

Deductibles and Self-Insured Retentions. CONSUL TANT shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, upon express written authorization of the CITY's authorized representative,
CONSUL TANT may increase such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY's authorized representative may condition approval of an increase in deductible or self-insured retention levels upon a requirement that CONSUL TANT procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

Notice of Reduction in Coverage. In the event that any coverage required under subsections (a), (b), or (c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSUL TANT shall provide written notice to CITY at CONSULTANT'S earliest possible opportunity and in no case later than five days after CONSUL TANT is notified of the change in coverage.
(f) In addition to any other remedies CITY may have if CONSUL TANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
(i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
(ii) Order CONSUL TANT to stop work under this Agreement or withhold any payment which becomes due to CONSUL TANT
hereunder, or both stop work and withhold any payment, until CONSUL TANT demonstrates compliance with the
requirements hereof;
(iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT'S breach.

Page 6 of 11 ends

CITY OF LIVINGSTON - AGREEMENT WITH LANCE, SOLL, & LUNGHARD, LLP TO

PROVIDE PROFESSIONAL AUDITING SERVICES
(10) Indemnification - CONSULTANT'S Responsibility
As to the CONSULTANT'S work hereunder, it is understood and agreed that (a) CONSUL TANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSUL TANT to perform the work in a skillful and professional manner, and (c) CONSUL TANT thus agrees to so perform.

Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSUL TANT from such professional responsibility for the work performed.

It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSUL TANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT'S profession.

CONSUL TANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSUL TANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSUL TANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSUL TANT from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
(11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSUL TANT, its employees, agents, or subcontractors by federal or state law, CONSUL TANT warrants that such license has been obtained, is valid and in good standing, and CONSUL TANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
(12) Business Licenses
CONSUL TANT shall obtain and maintain a CITY of LIVINGSTON Business License until all Agreement services are rendered and accepted by the CITY. (13) Termination

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CITY OF LIVINGSTON - AGREEMENT WITH LANCE, SOLL, & LUNGHARD, LLP TO

PROVIDE PROFESSIONAL AUDITING SERVICES
Either CITY or CONSUL TANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSUL TANT shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT'S delivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.
(14) Funding
CONSUL TANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII (B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years. (15) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

To City:

Copy to:

To Consultant:

City of Livingston
City Clerk
1416 C Street
Livingston, CA 95334
City of Livingston
Finance Department
1416 C Street
Livingston, CA 95334
MAIN: (209) 394-5520
FAX: (209) 394-4190

LSL,LLP
2151 River Plaza Drive, Suite 150
Sacramento, CA 95833
Phone: (916) 503-9691

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CITY OF LIVINGSTON - AGREEMENT WITH LANCE, SOLL, & LUNGHARD, LLP TO

PROVIDE PROFESSIONAL AUDITING SERVICES
(16) Miscellaneous
(a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
(b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
( c) Definitions. The definitions and terms are as defined in these specifications.
(d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
(e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
(f) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement. (g) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
(h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
(i) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party.

All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

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CITY OF LIVINGSTON - AGREEMENT WITH LANCE, SOLL, & LUNGHARD, LLP TO

PROVIDE PROFESSIONAL AUDITING SERVICES
Q) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
(k) Status of CONSUL TANT. In the exercise of rights and obligations under this Agreement, CONSUL TANT acts as an independent contractor and not as an agent or employee of CITY.

CONSUL TANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
(I) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
(m) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
(n) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. (o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of th is Agreement may recover its reasonable costs, including reasonable attorney's fees, incurred or expended in connection with such action against the non-prevailing party.
(17) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written "Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurances have been received. City shall not be obligated to pay CONSUL TANT for any services prior to issuance of the Notice to Proceed.

Page 10 of 11 ends

CITY OF LIVINGSTON - AGREEMENT WITH LANCE, SOLL, & LUNGHARD, LLP TO

PROVIDE PROFESSIONAL AUDITING SERVICES
(18) Signatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSUL TANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Approved as to Form:

Approved By:

Consultant:

City of Livingston
City Attorney
Christina M. Pritchard
City of Livingston
1416 C Street
Livingston, CA 95334
Christopher Lopez
Interim City Manager

LSL,LLP
2151 River Plaza Drive, Suite 150
Sacramento, CA 95833
Fed ID# ----- Business License # ------
Signature
(Print Name and Title}

Page 11 of 11 ends

Date
Date
Date
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LIVINGSTON TO APPROVE A COMMITMENT OF PERMANENT

LOCAL HOUSING ALLOCATION (PLHA) FUNDS TO THE SELF-HELP

ENTERPRISES LIVINGSTON B STREET PROJECT
June 20, 2023
Christopher Lopez, Interim City Manager
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council of the City of Livingston ("City Council") adopt a resolution approving the commitment of Four Hundred Thirty-Eight Thousand, Two Hundred Seventeen Dollars ($438,217) in Permanent Local Housing Allocation (PLHA) funds to Self-Help Enterprises ("SHE") for the development of their Livingston B Street project.

BACKGROUND AND DISCUSSION:

In November of 2022, the City Council approved the application and adoption of the PLHA plan for permanent local housing allocation program and authorized the City Manager to execute the PLHA program application, the PLHA standard agreement, and any subsequent amendments or modifications thereto, as well as any other documents which are related to the program or the PLHA grant awarded to the City. The City was alerted of the PLHA funding application by SelfHelp Enterprises, because the deadline was approaching and if the City did not apply by December 2022, then the year 1 allocation to the City would be recaptured by the State and allocated for other uses. SHE had informed the City that their organization was seeking a site for the development of affordable rental housing, and would like to utilize the funding in the future once a site was identified. Subsequent to the application, SHE connected with Livingston Community Health about a vacant site adjacent to their clinic on B Street. Livingston Community Health was interested in partnering with SHE and they entered in to a Purchase Agreement for the site.

SHE requested PLHA funds from the City to aid in the development of the Livingston B Street Project. The "Livingston B Street" project is a new affordable rental housing project serving working families in Livingston. The project site is located on two parcels totaling 3.93 acres, bound by B Street and commercial development to the north, Livingston Community Health Center to the east, and the unconstructed Winton Parkway right-of-way and undeveloped land to the south and west (the "Site"). SHE is working on a Multifamily SuperNOFA (MFSN) application to the State of California to secure funding through the Joe Serna Jr. Farmworker Housing Program and also the Multifamily Housing Program (MHP). This funding would be leveraged with the PLHA and low-income housing tax credits to construct the community. SHE was evaluated for experience, and Staff noted that SHE owns and operates 51 rental communities totaling over 2,300 rental units. SHE owns and operates Casitas del Sol in Livingston, which is well maintained and has been operated as affordable housing for over 20 years.
{CWl30044.I} Page 1 of 3
The Livingston B Street project will provide approximately 70-80 units of affordable workforce housing targeting farmworkers, seniors and families under 50% of area median income (AMl).The community will include one-, two-, and three-bedroom units and will provide intergenerational living while creating housing opportunities for seniors, young professionals, and large families. The housing will include opportunities for individuals and families employed in agricultural related fields and creates a mixed income housing solution. SHE has demonstrated to the City a financing plan through the MFSN and has demonstrated experience to own and manage the rental community.

Community Engagement: SHE will provide community engagement opportunities throughout the design of the Livingston B Street project. SHE will host a community workshop and will invite neighbors and local residents to participate in the design of the community, discussion of safety measures, layout of amenities, and feedback on the services to be offered on-site.

Design: The Livingston B Street project will include structures with wood framing on a concrete slab-on-grade foundation, with exterior pre-finished cement fiber Hardie siding in a horizontal clapboard or vertically oriented "board and baton" pattern. The roofing will be a dimensional composite shingle with a "cool roof' rating. To reduce the visual impact of parking on the street, the buildings will have "tuck-under" parking. They will surround a central green space, with community amenities that include management offices, a computer lab, and a shared multipurpose room connected to a semi-private outdoor patio space. Each residence will have a full kitchen and bath, with most units also having patios or balconies. All ground-floor units will be accessible. The community will also include a solar photovoltaic system designed to offset communal and residential loads. The project will feature electrification with high-efficacy fixtures in units, community spaces, and outdoor spaces. The project will also implement systems and fixtures for water conservation, including drought-tolerant xeriscape. The community center will also be designed as a resiliency center to provide a safe space with power during rolling blackouts and other emergency events.

The Site is conveniently located within one mile of amenities such as medical services, grocery stores/convenience stores, public schools, places of worship, financial institutions, public parks, the public library, and other key destinations.

SHE will partner with the Livingston Health Clinic to provide health prevention, screenings, and other health services on-site. Office space will be dedicated for services on-site and the community center includes shared meeting space, a robust kitchen area, and other site amenities. SHE will provide a variety of resident services, including an on-site after school program for youth, STEM and other educational programming, exercise and health services, and a variety of adult education, including financial management, budgeting and credit counseling, and homeownership preparation.

City staff has evaluated Self-Help Enterprises' application for PLHA funds and has determined that the Project qualifies for the requested PLHA funding allocation. If the City Council approves the funding commitment to Self-Help Enterprises, a full set of loan documents will be prepared, including a Loan Agreement, Deed of Trust, Promissory Note and Affordability Covenant. The loan documents will be presented to City Council for review and approval at a later date. SHE is utilizing PLHA in several communities for rental housing development, including Tulare County, Mariposa County, Madera County, Merced County, Fresno County, Lindsay, Exeter, Farmersville, Modesto, and Tulare. SHE has loan documents that have previously been approved by the State of California Housing and Community development (HCD) for this {CWl30044.l} Page 2 of3
purpose. SHE will complete the draw for funds and also can facilitate the annual reporting on behalf of the City. Additionally, the City will not be required to fund any of the PLHA to SHE until the funds have been received from HCD.

FISCAL IMPACT:

The City will commit PLHA funds in the amount of Four Hundred Thirty-Eight Thousand, Two Hundred Seventeen ($438,217). which will be provided as a low interest deferred loan and will be utilized as construction and permanent financing for the project. The city can access 5% of PLHA funding for administration to cover the cost of administering the loan. This is allowed in the PLHA program to cover the City's costs of reviewing the loan documents, reporting, etc.

SHE is available to complete annual reports as required by the program on behalf of the City.

ATTACHMENTS:

1. Resolution
{CWl30044.I} Page 3 of3
RESOLUTION 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON TO

APPROVE A COMMITMENT OF PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FUNDS TO THE SELF-HELP ENTERPRISES LIVINGSTON B STREET

PROJECT
WHEREAS, in November of 2022 Council approved the application and adoption of the PLHA plan for permanent local housing allocation program and authorized the city manager to execute the PLHA program application, the PLHA standard agreement, and any subsequent amendments or modifications thereto, as well as any other documents which are related to the program or the PLHA grant awarded to the applicant, as the department may deem appropriate, and
WHEREAS, Self-Help Enterprises (SHE) has signed a Purchase and Sale Agreement (PSA) to acquire a site located on the southeast corner of Winton Parkway and B Street, City of Livingston, APN: 022-010-021 and 022-010023, with the goal of developing multifamily, affordable housing known as the Livingston B Street Project, and WHEREAS, Self-Help Enterprises requested PLHA funds from the City to aid in the development of the Livingston B Street Project ("Project"), and WHEREAS, City staff has evaluated Self-Help Enterprises' application for PLHA funds and has determined that the Project qualifies for the requested PLHA funding allocation; and
WHEREAS, if the City Council approves the funding commitment to Self-Help Enterprises, a full set of loan documents will be prepared, including a Loan Agreement, Deed of Trust, Promissory Note and Affordability Covenant. The loan documents will be presented to City Council for review and approval at a later date. The City will commit PLHA funds in the amount of Four Hundred Thirty-Eight Thousand, Two Hundred Seventeen Dollars ($438,217). which will be provided as a low interest deferred loan and will be utilized for construction and permanent financing for the project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston does hereby approve the commitment of Four Hundred Thirty-Eight Thousand, Two Hundred Seventeen Dollars ($438,217) in PLHA funds to the Self-Help Enterprises Livingston B Street Project.

Passed and adopted this 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(CW130045.I) Page I of2
Jose A. Moran, 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 June 2023.
{CWl30045.I} Page 2 of2
Monica Cisneros, Deputy City Clerk
of the City of Livingston
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Consider and Discuss the City of Livingston City Council's Options For Filling the City Clerk Position Vacated by Leticia Vasquez-Zurita, And Take Action Relating to Filling the Vacancy
June 20, 2023
Christopher Lopez, Interim City Manager
Christopher Lopez, Interim City Manager
RECOMMENDED COUNCIL ACTION:

Consider and discuss the City of Livingston City Council's options for filling the City Clerk position vacated by Leticia Vasquez-Zurita, and take action relating to filling the vacancy.

BACKGROUND:

At the November 3, 2020 general election, Leticia Vasquez-Zurita was elected to a four (4) year term as City Clerk of the City of Livingston ("City"). Ms. Vasquez-Zurita has since submitted her letter of resignation as the City Clerk, effective June 8, 2023. As a result, the City Clerk position is vacant (the "Vacancy").1
LEGAL FRAMEWORK:

Pursuant to Government Code section 36512, within sixty (60) days of the commencement of a public official vacancy, the City Council must "either fill the vacancy by appointment or call a special election to fill the vacancy."2 Accordingly, the City Council has until August 7, 2023 to fill the vacancy by appointment or call a special election.

If the City Council chooses to fill the vacancy by appointment, and if the vacancy occurs in the second half of a term of office, as would be the case here, "the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent."3 Any individual who is appointed to fill the vacancy would serve until the City's next general municipal election on November 5, 2024.

If the City Council chooses to call a special election to fill the Vacancy, it must do so within sixty (60) days of the Vacancy. Additionally, "the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election." 4 In other
words, the special election must be held: (1) on a regularly established election date pursuant to Elections Code section 1000, and (2) at least 114 days must elapse between the date the election is called and when it is held.
1 Gov. Code,§ 1770, subd. (c)(2).
2 Gov. Code,§ 36512, subd. (b). 3 Id. at§ 36512, subd. (b)(2)(B). 4 Gov. Code,§ 365 12, subd. (a)( I).

Page I of 4
The next regularly established election date that allows at least 114 days' notice between calling and holding the special election is Tuesday November 7, 2023. 5 DISCUSSION:

Consistent with Government Code section 36512, the City Council has until August 7, 2023, to do one of the following:

1. Appoint someone to fill the vacancy; or

2. Call a special election to be held on the date of the next regularly established election.

A. Appointment
The City Council has discretion to determine the process by which to fill a vacant public official position by appointment. Some options may include the following:
1 . City Council direct appointment;

2. Accepting nominations and appointing someone from that process; or

3. Initiating an open call for applications to all eligible persons within the City.

There are no statutory requirements that define a specific process for how the City Council may decide to appoint an individual to fill the Vacancy. The City Council has discretion to determine how it would like to proceed with the appointment process, should it elect to follow that path to fill the Vacancy. For example, the City Council is not obligated to appoint someone who ran in the last election and got the 2nd highest votes. The City Council also has the discretion to determine how the City accepts applications and whether a specific number of applications must be received.

The City Council may directly appoint an individual to the Vacancy without accepting applications.

However, it is common in such situations for a city council to notice the Vacancy and solicit applications from interested parties. The city council then reviews the applications and selects an individual to fill the Vacancy by majority vote. If the City Council elects to interview applicants. it must be done at a public meeting, although the meeting can be held at any time, subject to any applicable requirements under the Ralph M. Brown Act. Filling the Vacancy is not a permitted closed session discussion or decision. The City Council must appoint a person who is at least 18 years old, a registered voter, and a resident of the City.

Proposed Timeline for Appointment
In the event of a call for applications, the candidate must be appointed by August 7, 2023. In order to adhere to the timeline established in Government Code section 36512(b) for filling vacancies, a proposed timeline and process for the appointment is outlined below:

June 21 - July 11 (5PM): Solicit applications from interested persons. 5 Elections Code, § I 000, subd. (e) ["The First Tuesday after the first Monday in November of each year."] {CWl29953.2} Page 2 of 4
July 18:

August 1:

Regular City Council meeting to conduct interviews,
review and discuss applicants, and select preferred
candidate.

Regular City Council meeting to seat the newly
appointed City Clerk.

The proposed application form is attached to this agenda item. The application would be made available on the City's website beginning on June 21, 2023, or the date the application period begins, as instructed by the City Council. Completed applications must be submitted to the Deputy City Clerk no later than 5:00 PM on the deadline selected by the City Council.

B. Special Election
The soonest date a special election can be held is Tuesday, November 7, 2023. The special election must be held: (1) on a regularly established election date pursuant to Elections Code section 1000, and (2) at least 114 days must elapse between the date the election is called and when it is held. 114 days before November 7 falls before the sixty (60) day deadline to call a special election or make an appointment; therefore, if the City Council chooses to call a special election, it must do so no later than July 16, 2023. If the City Council calls a special election after July 16, the election cannot be held until Tuesday, March 4, 2024, the date of the next Primary Election.

If the City Council chooses to call a special election to fill the vacancy, cost estimates provided by the County of Merced are estimated to be $53,345.31 if the election is to be held on November 7, 2023, or $15,448.66 if the election is to be held at the March 4, 2024, Presidential Primary Election.

Recommendation
Staff recommends the City Council discuss, deliberate, and provide direction on the appointment process and timeline.

FINANCIAL IMPACTS:

Should the City Council elect to hold a special election, the estimated costs to the City would be between $15,448.66 and $53,345.31 based on the information received from the Merced County Registrar on June 13, 2023. The financial impact of filling the Vacancy by appointment is unknown until the City Council decides on a process; however the financial impact is expected to be minimal in comparison to calling a special election.

STEPS FOLLOWING APPROVAL:

If the City Council decides to hold a special election, staff will return to the City Council with a Resolution calling for a special election. Alternatively, if the City Council elects to fill the vacancy by appointment with an application process, the City Clerk will post the application on the City's website and will also issue a press release.
{CWl29953.2} Page 3 of 4
ATTACHMENTS:

A. Proposed Citizen Application for Appointment to the position of City Clerk. {CWJ29953.2} Page 4 of 4
Please Return To:

Monica Cisneros, Deputy City Clerk
1416 C Street
Livingston CA 95334
(209) 394-5544
[email protected]
FILING DEADLINE: Wednesday, July 11, 2023 at 5:00 PM.

CITIZEN APPLICATION FOR APPOINTMENT TO CITY CLERK POSITION NAME: __________________________ _
HOME ADDRESS: ______ __________ _ _ _ _ _
CONTACT INFORMATION:

Home Phone: ------ Work: Cell: - - - ----- - --- - --
Email: - ------------------- --------
Method of Contact Preferred: --------------------

LENGTH OF RESIDENCE
at above address: ----
OCCUPATION:
in Livingston __ _ in County: _ _ _
Occupation: ---------- Employer: _ _ _ ______ _
Employer Address: ----------- - - --- -------
Street City Zip
EMPLOYMENT HIGHLIGHTS:

EDUCATION (highest school year, degrees, etc.)
(Attach additional pages as necessary.)
{CW129954.1}

LIST PAST OR PRESENT EXPERIENCE AS A PUBLIC OFFICIAL, MEMBERSHIP ON

THE LIVINGSTON CITY COUNCIL, ANY COUNCIL APPOINTED COMMITTEE OR

COMMISSION, AND/OR ANY OTHER PUBLIC AGENCY, INCLUDING THE TIME PERIODS OF MEMBERSHIP OR APPOINTMENT.

PAST AND PRESENT COMMUNITY SERVICE:

WHAT DO YOU FEEL ARE YOUR MOST IMPORTANT QUALIFICATIONS FOR APPOINTMENT TO THE CITY CLERK POSITION?
WHAT DO YOU HOPE TO ACCOMPLISH AS THE CITY CLERK?
(Attach additional pages as necessary.)
{CW129954.l}

PLEASE REVIEW THE ATTACHED DESCRIPTION OF DUTIES AND
RESPONSIBILITIES OF THE LIVINGSTON CITY CLERK POSITION. IS THERE ANY

REASON YOU WOULD BE UNABLE TO FULFILL THESE DUTIES AND
RESPONSIBLITIES?
Please list three (3) references with telephone numbers:

1. 2.

3. PLEASE NOTE THAT THIS APPLICATION BECOMES PUBLIC INFORMATION I hereby certify that the information contained in this application and any accompanying documents is true and correct to the best of my knowledge.

Signature of Applicant Date
You are invited to attach additional pages, enclose a copy of your resume or submit supplemental information which you feel may assist the City Council in its evaluation of your application.
(Attach additional pages as necessary.)
{CW129954,l}
Job Description
Title: City Clerk (Elected) FLSA Status: NIA Created: 10/13/2020 Supervisor: City Council Supervises: N/ A Revised:

Job Family: City Council , Bargaining Unit: N/A Approved: 10/14/2020 JOB SUMMARY:

To record and maintain proceedings of City Council meetings; maintain official city records; and to perform or coordinate a variety of other administrative duties for the City Council.

DISTINGUISHING CHARACTERISTICS:

The City Clerk is responsible for organizational component(s) and programs/functions within a department as determined by the City Manager or City Council. The incumbent is expected to demonstrate technical competence while working as a team member and exercise independent judgment in a number of confidential and sensitive assignments. Duties and responsibilities are performed in accordance with municipal codes, ordinances, City policy, and related regulating entities.

ESSENTIAL DUTIES AND RESPONSIBILITIES:
• Take and transcribe official minutes at City Council meetings. • Following Council meetings, attest, publish and post ordinances and resolutions. • Assist with municipal elections and certify the official results to the City Council. • Administer the Public Records Act, the Political Reform Act, and the Brown Act for the City. • Administer the oath of office to City personnel, City Council and Board/Commission members.

OTHER DUTIES:
• Perform related duties as assigned.

QUALIFICATIONS:

This is an elected position, as such the only qualifications are that the individual be a registered voter in the City. The following qualifications, therefore are desirable, not required.

Knowledge of:
• Appropriate state and local laws, e.g. government code. • Election laws and procedures, including voter registration requirements. • City Clerk's Handbooks
• Modern office methods, procedures, filing systems and equipment. • Business English and letter writing.

Ability to:
• Understand the operation and organization ofa city, provide information and organize material on municipal laws, regulations and policies.
• Meet the public and provide required information pleasantly and efficiently. • Perform complex clerical work.
• Communicate effectively and tactfully in both oral and written forms.

City Clerk (Elected)

Page 1 of 2 ends

• Establish and maintain complex and extensive record keeping and indexing systems and files. • Operate and use a variety of office equipment.
• Establish and maintain effective work relationships with those contacted in the performance of required duties.

Education and Experience:

Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities is:
• ELECTED POSITION
Licenses, Certifications and other Requirements:
• Possession ofa valid California State Driver's License. • Certified Municipal Clerk Certificate desirable.

WORKING CONDITIONS:

Work Environment:
• Indoor/Office environment.

Physical Demands:
• Dexterity of hands and fingers to operate a computer keyboard. • Seeing to read a variety of materials.
• Hearing and speaking to exchange information.
• Sitting for extended periods of time.

The information contained in this job description is for compliance with the Americans with Disabilities Act (A.D.A.) and is not an exhaustive list of the duties performed.

City Clerk (Elected)

Page 2 ends

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Restated Joint Powers Agreement of Merced County Association of Governments (MCAG)
June 20, 2023
Christopher Lopez, Interim City Manager
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Adopt a Resolution adopting and authorizing the City of Livingston Mayor to sign the Restated Joint Powers Agreement of the Merced County Association of Governments.

BACKGROUND:

Merced County Association of Governments (MCAG) is an association of city and county governments, with members who meet to solve regional problems such as transportation, solid waste, and air quality.

This Association of Governments allows for cities and the county come together to solve problems that can only be accomplished by working together.

MCAG was formed through a Joint Powers Authority (JPA) signed by member jurisdictions in November 1967. As a regional collaborative agency, MCAG serves in a number of transportation planning roles in Merced County based on local, state and federal designations. These designations provide funding for MCAG activities, primarily in transportation planning throughout Merced County.

The current JPA Agreement expires on July 18, 2023. The Governing Board of MCAG, composed of representatives of the jurisdictions, began reviewing the current Agreement in November 2021 for necessary amendments and updates.

In February 2022, an amended (draft) JPA was released to each of the member agencies for review and comment. The deadline to submit comments was July 6, 2022. At the July 15, 2022, MCAG meeting, the Cities requested additional time to review and submit comments. In light of this request, the MCAG Board unanimously approved a motion granting 60 additional days for comment, at the expiration of such time period, if no comments were received, the draft circulated in February 2022 would be submitted to each jurisdiction for ratification.

During the October 20, 2022, MCAG meeting, additional time was requested for each jurisdiction's Counsel to review and negotiate discrete portions of the JPA. Counsels met over the course of several months between November 2022 to January 2023 negotiating changes to the draft JPA with a comment period deadline of January 6, 2023. The JPA agreement was then submitted to the MCAG Board on January 19, 2023 for final review. At the January 19, 2023 meeting, the MCAG Board voted unanimously to submit such draft to their respective jurisdictions for ratification.

Subsequent to the January 19, 2023 MCAG Board meeting, additional revisions and corrections were requested. The substantive revisions were to require unanimous consent of the jurisdictions to amend the term of the agreement, board composition and withdrawal. These changes have been incorporated into the agreement.

Page 1 ends

FISCAL IMPACT:

Dues will be included in future year budgets.

ATTACHMENTS:

Attachment A - Resolution
Attachment B - Third Amended and Restated Joint Powers Agreement

Page 2 of 2 ends

Attachment A
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

APPROVING THE RESTATED JOINT POWERS AGREEMENT OF THE MERCED COUNTY

ASSOCIATION OF GOVERNMENTS AND AUTHORIZING THE CITY OF LIVINGSTON

MAYOR TO SIGN THE AGREEMENT
WHEREAS, Government Code section 6500 et seq. authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to jointly exercise any power common to them; and WHEREAS, the Cities of Livingston, Merced, Los Banos, Atwater, Dos Palos, Gustine, and the County of Merced, possess in common the authority to study, discuss, and develop solutions to area-wide problems of direct concern to the performance of their constitutional and statutory functions; to do all acts necessary to participate in federal programs and receive federal funds for transportation, housing, and other community improvement activities, including contracting and cooperating with other agencies; and to establish an area planning organization and expend public funds for these purposes; and
WHEREAS, the City of Livingston City Council and the residents of the City of Livingston have an interest in the orderly development of the Livingston community, as well as surrounding communities; and
WHEREAS, the continued growth and extensive development within he incorporated and unincorporated areas of Merced County have evidenced the need to create a wholly independent regional agency capable of dealing with area-wide concerns; and WHEREAS, on November 28, 1967, the foregoing needs led to the creation and establishment of Merced County Association of Governments ("MCAG"), of which City of Livingston is a member, pursuant to the Cooperative Agreement/Joint Powers Agreement (the "JPA Agreement"); and
WHEREAS, MCAG was designated by the County of Merced as the Local Transportation Authority for Merced County in 1990 and has operated as such from that date to the present; and WHEREAS, the establishment of MCAG has, among other things, provided a forum to study and develop solutions to area-wide concerns, provided efficiency and economy in governmental operations through the cooperation of MCAG's member agencies and the pooling of common resources, facilitated cooperation among and agreement between MCAG's member agencies for specific purposes, interrelated development actions, and for the adoption of common policies with respect to concerns which are common amongst the member agencies, and allowed for the imposition of a Regional Transportation Impact Fee with MCAG acting as the planning, administrative, and implementation entity; and
{CW127603.1) Page 1 of 2
Attachment A
WHEREAS, the JPA Agreement is set to expire, by its own terms, on July 18, 2023; and WHEREAS, the MCAG member agencies, by and through their designated attorneys and representatives, have negotiated the terms of a Restated Joint Powers Agreement, to be effective on July 19, 2023, for a term of thirty (30) years.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON HEREBY RESOLVES:

1. The City Council approves the Restated Joint Powers Agreement of the Merced County Association of Governments.

2. The City Council designates the Mayor to sign the Restated Joint Powers Agreement of the Merced County Association of Governments.

The foregoing resolution was adopted at a regular meeting of the City Council of the City of Livingston the 20th day of June 2023, and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.

ATTEST:

Jose A. Moran, Mayor
of City of Livingston
I, Monica Cisneros, Deputy City Clerk of the City of Livingston, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said City Council, held at the Livingston Council Chambers on June 20, 2023. {CW127603.1} Page 2 of 2
Monica Cisneros, Deputy City Clerk
of City of Livingston
Attachment B

RESTATED JOINT POWERS AGREEMENT OF THE
MERCED COUNTY ASSOCIATION OF GOVERNMENTS [MCAG]
Effective Date July 19, 2023
This Restated Joint Powers Agreement is entered into by and among those undersigned of the Cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos, and Merced, all municipal corporations and the County of Merced, a political subdivision of the State of California.

RECITALS

1. Common Power. Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the California Government Code authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to jointly exercise any power common to them.

2. Common Authority. The City of Merced, by virtue of its charter, and the Cities of Los Banos, Atwater, Livingston, Dos Palos and Gustine, and the County of Merced, by virtue of California Government Code Section 6500 - 6539.9, inclusive, possess in common the authority:
a) To study, discuss, and develop solutions to area-wide problems of direct concern to the performance of their constitutional and statutory functions and to establish an area planning organization and expend public funds for these purposes; and b) To do all acts necessary to participate in federal programs and receive federal funds for transportation, housing, and other community improvement activities, including cont~acting and cooperating with other agencies.

3. Orderly Development. The people residing within the incorporated and unincorporated areas of Merced County have an interest in the orderly development of their communities.

4. Independent Agency. The continued growth and extensive development within the incorporated and unincorporated areas of Merced County have evidenced the 1 ne·ed to create a wholly independent regional agency capable of dealing with area-wide issues and problems.

5. Merced County Association of Governments. On November 28, 1967, the foregoing needs led to the creation and establishmentof Merced County Association of Governments, (hereinafter referred to as "MCAG").

6. Transportation Authority. MCAG was designated by the County of Merced as the Local Transportation Authority for Merced County in 1990 and has operated as such from that date to the present.

7. Effects. The establishment of MCAG has:
a) Provided a forum to study and develop solutions to area-wide problems of mutual concern to the Agencies.
b) Provided efficiency and economy in governmental operations through the cooperation of the Agencies and the pooling of common resources. c) Provided for the establishment of a Joint Powers Authority responsible for identifying, planning, and developing solutions to regional problems requiring multijurisdictional cooperation. d) Provided for the establishment of a Joint Powers Authority capable of developing regional plans and policies and performing area-wide p_lanning duties. e) Facilitated cooperation among and agreement between the Agencies for specific purposes, interrelated developmental actions, and for the adoption of common policies with respect to issues and problems which are common to the Agencies. f) Allowed for imposition of a Regional Transportation Impact Fee with the Authority as the planning, administrative and implementation entity.

8. Amendment. The undersigned Agencies and Members desire to amend and restate the "Cooperative Agreement"/Joint Powers Agreement dated November 28, 1967, as amended (the "Original Agreement"), in order to establish the duties and powers of the MERCED COUNTY ASSOCIATION OF GOVERNMENTS. This Restated Joint Powers 2 Agreement and the terms and conditions set forth herein supersede all prior amendments and restatements of the Original Agreement.

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

ARTICLE 1. DEFINITIONS

1.1 Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified in Exhibit A, which is attached and incorporated by this reference.

ARTICLE 2. PURPOSE

2.1 This Agreement is made pursuant to the Act to provide for the joint exercise of certain powers common to the Members and the additional powers granted under the Act. To the extent currently applicable, those powers and/or functions are set forth in Article 6 below.

ARTICLE 3. CONTINUATION OF AUTHORITY

3.1 Continuation. Upon the effective date of this Agreement, the Parties hereto hereby continue the MERCED COUNTY ASSOCIATION OF GOVERNMENTS, as a public entity separate and distinct from its member entities, as the agent to exercise the common powers provided for in this Agreement and to administer or otherwise execute the terms of this Agreement.

3.2 Assets. Rights and Liabilities. The assets, rights, debts, liabilities, and obligations of MCAG shall be those of MCAG and shall not constitute assets, rights, debts, liabilities, or obligations of any of the Members. However, nothing in this Agreement shall prevent any Member from separately contracting for, or assuming responsibility for, specific debts, liabilities, or obligations of MCAG, provided that both the Board and that Member approve such contract or assumption. The provisions of Government Code 3 section 6504, specifically including the right of Members to advance funds and make loans, are made a part of this Agreement.

ARTICLE 4. TERM

4.1 Effective Date. This Agreement shall become effective on July 19, 2023.

4.2 Term. This Agreement shall continue for a period of thirty years from the effective date unless terminated in accordance with Article 10 of this Agreement. The term may only be modified by the unanimous consent of all Members.

ARTICLE 5. BOUNDARIES

5.1 Boundary. MCAG's jurisdictional boundary shall not exceed the jurisdictional boundary of the County of Merced, as the County boundary may be expanded or changed during the Term of this Agreement. This provision shall not prevent MCAG from acquiring services or property outside of its boundaries for the benefit of MCAG Agencies.

ARTICLE 6. FUNCTIONS/POWERS

6.1 Authority Functions. MCAG will function or continue to function as:
a. The Local Transportation Authority as designated by the County of Merced in 1990.
b. The Metropolitan Planning Organization as designated by the United States Department of Transportation pursuant to Title 23 of United States Code Section 134 and Title 49 of the United States Code §5303(b)(2). c. The Regional Transportation Planning Agency as designated by the Secretary of Business and Transportation of the State of California pursuant to California Government Code Sections 65080, et seq.
d. The regional transportation planning representative as designated by the parties hereto for the purpose of acting upon any appropriate proposals which may be presented to the Board for consideration or which the Board may elect to take up and for transmission of proposed recommendations to federal, state and local agencies, including, but not limited to, the member entities of MCAG.
4 e. The designated E.O. 12372 Intergovernmental Review of Federal Programs Clearing House and as such review all applications for federal funds by any participating entity wherein such review is a requirement of the particular federal aid program involved.
f. The State Census Affiliate Data Center for Merced County. g. The Service Authority for Freeway Emergencies (SAFE) as created by the Members in 1996.
h. The agency to administer, coordinate, plan and implement/effectuate a Regional Transportation Impact Fee Program if adopted by the Agencies. i. MCAG shall perform any functions directed by the Board in furtherance of the foregoing or other programs as determined by the Board.

6.2 Powers. MCAG is authorized, but is in no way required, to act in its own name on any or all of the following matters, as each Member could act separately, and as it deems in the best interest of its Members, to the extent permitted by any and all applicable laws, codes, ordinances, resolutions and regulations, subject only to such restrictions upon the manner and exercise of such power as are imposed upon the County of Merced in the exercise of similar powers:
a. Make and enter into contracts.
b. Acquire, improve, hold, lease, and dispose of real and personal property of all types.
c. Accept gifts, donations, advances and contributions and act as regional lead jurisdiction/applicant and grant administrator for grants in the name of Members/regional participants.
d. Hire agents and employees
e. Sue and be sued in its own name.
f. Incur and discharge debts, liabilities and obligations. g. Issue bonds or notes and incur other forms of indebtedness, and 5 make associated covenants, for designated purposes, subject to the provisions and limitations of the California Constitution and the Government Code. h. Adopt, as authorized by California law, ordinances and resolutions necessary to carry out the purposes of this Agreement.
i. Any additional power granted to Joint Powers Authorities under the Act.
j. All powers necessary to the exercise of the enumerated powers.

ARTICLE 7. ORGANIZATION

7.1 Governing Board.

MCAG shall be governed by a Governing Board (hereinafter "Board"), which shall exercise or oversee the exercise of all powers and authority on its behalf. The Board shall meet in accordance with the MCAG bylaws. Under this Agreement, the Board is expressly charged with carrying out the foregoing provisions through its actions, through contracts, or through staff hired by MCAG.

7.2 Directors.
(a) The Board shall consist of each of the five Merced County Supervisors and one elected legislative official from each of the other Members. No Person shall be eligible for appointment to the Board unless he or she is serving in an elective position.

Each of the city Members may appoint one elective Person as an alternate to serve in the absence of an appointed director. Directors and alternate directors who have been duly appointed and are serving at the time of the adoption of this Agreement may continue to serve in that capacity without any further action of the Member. (b) Each Director, so long as a public official, shall hold office from the first meeting of the Board after appointment by the Member until his or her successor is selected by such Member.
(c) This Section 7.2 may only be modified by the unanimous consent of the Members.
6 7.3 Principal Place of Business. The principal place of business of MCAG shall be located within the Boundary of MCAG.

7.4 Officers.
(a) The Board shall select a Chair and a Vice Chair from among the Directors who shall hold office for a period of one year commencing July 1st. The Chair and Vice Chair shall alternate between a Member of the Merced County Board of Supervisors and a city Member representative. The positions shall rotate and there shall be no consecutive terms. These specifications are met with the adherence to the Chair Rotation Schedule adopted by the MCAG Board of Directors on June 15, 2017. The Rotation Schedule may be amended at the discretion of the Board from lime to time but shall generally not result in consecutive terms or break the alternation between the County Board of Supervisors Members and the city Member.
(b) Executive Director. The Board shall utilize an Executive Director who shall be the chief executive officer of MCAG.
(c) Deputy Executive Director. The Executive Director may appoint a Deputy Executive Director who shall be a full-time employee of MCAG and who shall serve as Executive Director in the absence of the Executive Director. (d) Finance Director. The Executive Director shall appoint a Finance Director who shall be a full-time employee of MCAG and who shall function under the guidance of the Executive Director.
(e) Secretary. The Board shall utilize the services of a Secretary who shall be an employee of MCAG.
(f) General Counsel. MCAG shall contract with an attorney licensed to practice in the State of California who shall serve as General Counsel to MCAG.

7.5 Designation of Law. As required by section 6509 of the Act, and in the absence of conflicting procedural rules, ordinances and resolutions adopted by the Board, 7 the procedural rules, ordinances and resolutions of the County of Merced are the governing law for MCAG.

ARTICLE 8. FINANCIAL MATTERS

8.1 Financial Matters.
(a) Budget. MCAG shall prepare and submit to the Board a budget and work plan for adoption prior to July 1 of each year for the ensuing Fiscal Year. (b) Treasurer. The Finance Director of MCAG shall be the Treasurer pursuant to Government Code section 6505.6.
(c) Auditor. The Finance Director of MCAG shall be the Auditor pursuant to Government Code section 6505.6.
(d) Duties of Treasurer and Auditor. The Treasurer and/or Auditor, as appropriate, shall do all of the following:
(1) Receive and receipt for all money of MCAG and place it in the treasury of the Treasurer so designated to the credit of MCAG. (2) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all MCAG money so held by him or her. (3) Pay, when due, all sums payable with respect to outstanding indebtedness of MCAG.
(4) Pay any other sums due from MCAG only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement.
(5) Make or contract to make an annual audit of the accounts and records of MCAG. The minimum standards of the audit shall be those prescribed for special districts under Section 26909 of the Government Code and shall conform to generally accepted auditing practices. A report of the audit shall be filed as public record with each of the Agencies within 12 months of the end of the Fiscal Year under examination. Any costs in making an audit in accordance with this Agreement shall be 8 borne by MCAG and shall be a charge against any unencumbered funds of MCAG available for the purpose.
(6) Draw warrants to pay demands against MCAG when the
demands have been approved by any Person authorized to so approve in this Agreement (7) File an official bond or proof of insurance in an agreed amount pursuant to section 6505.1 of the Act.
(8) Perform any and all other functions necessary to effectuate this Agreement.
(e) Investment Policy. The investment policy of MCAG shall be the investment policy adopted by the Board.
(f) Revenue Bonds. MCAG may issue revenue bonds, but the revenue bonds shall not constitute a debt, liability, or obligation of an individual Member. (g) Insurance/Indemnification.

MCAG shall maintain general liability insurance relating to its enumerated functions and shall indemnify, protect, defend and hold harmless all of the Members and their elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the MCAG's acts and/or omissions arising from and/or relating to this Agreement or any act and/or omission performed by a Member on behalf of MCAG or at the request of MCAG. This indemnity shall include Environmental Laws as herein defined.

ARTICLE 9. WITHDRAWAL FROM MCAG

9.1 Withdrawal Conditions. A Member may not withdraw from MCAG unless and until that Member:
(a) Liquidates in full its proportion of any and all existing debts, obligations and liabilities incurred, earned, or expected to be earned by the date of withdrawal, 9 including, but not limited to, certificates of participation, notes, revenue bonds and other indebtedness, if any, as determined by the Board. The liabilities of a withdrawing Member shall specifically include those resulting from acts or omissions when the withdrawing Member was a participating Member of MCAG.
(b) Has provided written notice of intent to withdraw, via a resolution of the governing body of the Member, at least one (1) year prior to the end of the Fiscal Year in which it intends to withdraw. Withdrawal shall be effective at the end of the fiscal year. (c) This Section 9.1 may only be modified by the unanimous consent of the Members.

9.2 Costs of Withdrawal. A withdrawing Member shall be responsible for all costs associated with its withdrawal from MCAG. Such costs may include, but may not be limited to, MCAG staff time associated with ensuring the proper and complete withdrawal of the Member and costs of continuing contracts attributable to that Member. In determining the costs associated with the withdrawal of a Member, the withdrawing Member shall have the option of allowing MCAG to determine such costs or of hiring, at its own cost, an independent auditor approved by the Board to determine the costs associated with its withdrawal.

ARTICLE 10. TERMINATION

10.1 Termination Requirements. This Agreement may only be terminated by consent of all Members, and upon full and complete liquidation of all liabilities, including, but not limited to, certificates of participation, notes, revenue bonds and other indebtedness, if any, and the winding up of all MCAG business. Upon the date of termination ("Termination Date"), payment of any and all obligations and division of any and all assets of MCAG shall be conducted subject to the then applicable requirements of the law (currently Section 6511, et seq., of the Act) as follows:
(a) In the event of termination of MCAG where there is a successor public entity that will conduct all of the activities and assume all of its obligations, any and all MCAG assets and liabilities remaining upon termination shall be transferred to the 10 successor public agency.
(b) If there is no successor public agency that would conduct MCAG's activities, all assets and liabilities, including surplus money, shall be apportioned to each Member in proportion to population.
(c) If there is a successor public agency that would conduct some of MCAG's activities, then the Board shall allocate MCAG assets and liabilities, including surplus money, between the successor public agency and the Members. In such case the Member's portion of the allocation shall be based on subparagraph (b) above. (d) By unanimous agreement of the Members, assets and liabilities may be disposed of, divided or distributed on a basis different from that established in this Article 10.

ARTICLE 11. BYLAWS

11.1 Bylaws. Bylaws may be adopted by the Board pursuant to which meetings of the Board shall be called. The Bylaws shall contain appropriate provisions for the transaction of business and describe the duties and powers of the Chair and Vice Chair and such other officers as may be appointed. To the extent the Bylaws conflict with this Agreement, the terms of this Agreement shall control. The Bylaws may be amended from time to time by majority vote of the Board after notice in accordance with the Bylaws.

ARTICLE 12. AMENDMENTS

12.1 With the exception of Article 10, Article 9, Section 7.2 and Section 4.2, this Agreement may be amended at any time by agreement of five Members, one of which must be the County of Merced. The County of Merced's agreement shall be evidenced by a resolution of the County Board of Supervisors. Agreement of a city Member shall be evidenced by a resolution of their respective City Council. However, no amendment may reduce the representation rights of a Member, or add to the duties or obligations of a Member without the agreement of such Member.

ARTICLE 13. MISCELLANEOUS

13.1 Filing with the Secretary of State. All notices required by Government Code 11 Sections 6503.5 and 53051 shall be filed by MCAG with the California Secretary of State.

13.2 Immunity. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which would apply to the activity of officers, agents, or employees of any such Member, when performing their respective functions within the territorial limits of the respective Members, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties under this agreement outside the territorial limits of their Agencies.

13.2 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of each Member. Notwithstanding the foregoing, no Member may assign any right or obligation hereunder without the written consent of all other Members.

13.3 Severability. If any provision of this Agreement or its application to any Person or circumstances is held invalid or illegal by a final judgment of a court of law in the State of California, the remainder of this Agreement and the application of the provision to other Persons or circumstances shall not be affected.

13.4 Headings. All section headings contained in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any provision of this Agreement.

13.5 Conflict of Interest Code. MCAG has adopted a conflict of interest code.

13.6 Disputes. Prior to filing a lawsuit, the parties shall attempt to resolve, in good faith, any and all disputes, claims or controversies arising out of or relating to this Agreement, including decisions and official actions of the Board, by participating in mediation, conducted by a mediator selected by the parties to the dispute. This provision may be invoked by any Member with written notice ("Notice of Mediation") to MCAG, or to the other Agency to the dispute, accompanied by a resolution of the invoking Agency's council or board invoking this provision. MCAG may also invoke this provision through a majority vote of the MCAG Board.
12 Once Mediation Notice is received by an Agency, the parties to the dispute, or their respective representative, shall select a mediator with appropriate expertise and experience with dispute resolution. If the parties are not able to stipulate to a mediator, then, within 10 business days of receiving the Mediation Notice, the parties shall simultaneously exchange a list of three mediators. Each party shall propose their list of mediators independently and without sharing their list with any other party. Within five business days of the exchange, the parties shall, independently and without comparing, rank all of the mediators exchanged in numerical order and exchange such rankings. The highest-ranking person shall be designated as the mediator. In the event of a tie, the earliest available person shall be designated as the mediator. If such mediator is not available to serve, or is otherwise conflicted, the parties shall proceed to contact the mediator who was next highest in ranking until they are able to select a mediator. The parties shall have 30 days from receipt of the Notice of Mediation to select a mediator.

The selected mediator, in consultation with the parties, shall establish the time and place of mediation, rules regarding the prompt exchange of information, and the exchange and preparation of written summaries (if necessary). The parties shall attempt in good faith to complete mediation of the dispute within 120 days of selection. The parties may, by unanimous agreement, establish a different timeframe for mediation. Such alternative timeframe must be in writing and agreed to within 90 days from receipt of the Mediation Notice. Such agreement may be executed by the parties' representatives. The parties agree to attend a minimum of two full-day mediation sessions if the matter cannot be resolved sooner. During the course of the mediation, no party can assert the failure to fully comply with the timelines established herein as a reason not to proceed or to delay the mediation.

The service of the Notice of Mediation shall stay the running of any applicable statute of limitations regarding the dispute until 15 days after conclusion of mediation.

Conclusion of the mediation shall occur at the earliest of 1) execution of a settlement 13 agreement by all parties to the mediation, 2} declaration of the mediator that mediation is terminated, or 3) at the expiration of 120 days from the selection of the mediator ( or alternative agreed upon timeframe for mediation) and the parties have attended two fullday mediation sessions. Each side shall bear an equal share of the mediation costs unless the parties agree otherwise.

The mediation process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.

13. 7 Execution in Counterparts. This Agreement may be executed on behalf of the respective Members in one or more counterparts, all of which shall collectively constitute one agreement.

13.8 Authority to Bind. Each person signing below represents and warrants that he or she is authorized, by resolution or similar action, of their respective city council or board of supervisors to bind the Agency on whose behalf he or she executes this Agreement.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates shown in the respective signature blocks.

MERCED COUNTY BOARD OF SUPERVISORS
By: _______________ _ Dated:

Chairman ----------
ATTEST:

By: _______________ _
Clerk of County Board of Supervisors
Approved as to Legal Form:

By: _________________ _
County Counsel
14 CITY OF ATWATER
By: Dated: ---------------- ---------- Mayor
ATTEST:

By: _______________ _
City Clerk
Approved as to Legal Form:

By: _______________ _
City Attorney

CITY OF DOS PALOS
By: ________________ Dated: ________ _
Mayor
ATTEST:

By: ---,=-,--,-------------- City Clerk
Approved as to Legal Form:

By: _______________ _
City Attorney
15 CITY OF GUSTINE
By: ________________ Dated: ________ _
Mayor
ATTEST:

By: _______________ _
City Clerk
Approved as to Legal Form:

By: _______________ _
City Attorney

CITY OF LIVINGSTON
By: ________________ Dated: ________ _
Mayor
ATTEST:

By: ---=-,-----,-------------- City Clerk
Approved as to Legal Form:

By: _______________ _
City Attorney
16 CITY OF LOS BANOS
By: ________________ Dated: _________ _
Mayor
ATTEST:

By: _______________ _
City Clerk
Approved as to Legal Form:

By: _______________ _
City Attorney

CITY OF MERCED
By: ________________ .Dated: ________ _
Mayor
ATTEST:

By:-,-______________ _
City Clerk
Approved as to Legal Form:

By:. _______________ _
City Attorney
17 EXHIBIT A

DEFINITIONS
Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified below.

Act
"Act" means the California Joint Exercise of Powers Law (California Government Code Section 6500 et seq.)
Agency/Agencies
"Agency/Agencies" means the County of Merced, City of Atwater, City of Dos Palos, City of Gustine, City of Livingston, City of Los Banos, and City of Merced.

Agreement
"Agreement" means this Restated Joint Exercise of Powers Agreement, as ii may be amended from time to time.

Auditor
Board
Chair
"Auditor" means the Finance Director of MCAG.
"Board" means the governing Board of Directors of MCAG, consisting of representatives from each of the Members as more fully described in Article 7 of this Agreement.
"Chair" means the Chair of the MCAG Board, as described in Article 7 of this Agreement and the Bylaws.

Director
"Director" means the Member representatives appointed to serve on the governing Board of Directors.

Environmental Laws
"Environmental Laws" means all federal and state statutes and all county, local, and Agency ordinances concerning public health, safety, and the environment including, by way of example and not limitations, the Comprehensive Environmental 18 Response, Compensation, and Liability Act of 1980, 42 USC §9601, et seq.; the Resource Conservation and Recovery Act, 42 USC §6902, et seq.; the Federal Clean Water Act, 33 USC §1251, et seq.; the Toxic Substances Control Act, 15 USC §1601, et seq.; the Occupational Safety and Health Act, 29 USC §651, et seq.; the California Hazardous Waste Control Act, California Health and Safety Code §25100, et seq.; the California Toxic Substances Control Act, California Health and Safety Code §25300, et seq.; the Porter-Cologne Water Quality Control Act, California Water Code §13000, et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5, et seq.; the California Integrated Waste Management Act, California Public Resources Code §40000, et seq., as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder.

Fiscal Year
"Fiscal Year" means the period commencing on each July 1 and ending on the following June 30.

Legislation
MCAG
"Legislation" means any code, ordinance, resolution, or any other forms or enactment of the Agencies or any Member which now exists or which may hereafter be adopted which constitutes law or regulation.
"MCAG" means Merced County Association of Governments or "Authority".

Member
"Member" means any Agency (as defined above) which signs onto this Agreement.

Person
Term
"Person" means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, special purpose district, town, city, county, state, or the United States.
"Term" means the period of time specified in Article 4 of this Agreement.

Treasurer
"Treasurer" means the Finance Director of MCAG.
19

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