Livingston City Council
May 6, 2025

1 CITY COUNCIL SPECIAL AND REGULAR

MEETING AGENDA
MAY 6, 2025
SPECIAL MEETING: 5:30 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.

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

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

ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Special and Regular Meeting on May 6, 2025, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990.

Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter.

You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).

2 SPECIAL MEETING

1. Call to Order

2. Roll Call

3. Pledge of Allegiance.

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

5. Citizen Comments

PRESENTATION

6. Presentation by Mario Gouveia, Gouveia Engineering – Engineering Department Presentation.

CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items:
personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session.

Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.

7. Threats to Public Services or Facilities (Pursuant to Government Code Section 54957(a).) Consultation with: City Attorney and/or City Manager.

8. Conference with Legal Counsel – Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of Claim No.: FR102887 - DOL 03/20/2025. Claimant Maria Cortez seeks monetary compensation from the City for damages to personal property (broken windshield).

3 REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2025-41
Next Ordinance No.: 660
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcement.

Changes to the Agenda.

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

ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.

City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board –Robert Wallis, Representative and Japjeet Uppal, Alternative.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Jason Roth
• Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative. • Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.

4 Japjeet Uppal
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Robert Wallis, Alternate Representative. • Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.

Jose Moran
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.

CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.

CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member.

There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes per-person regardless of the number of items contained within the consent agenda

1. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated April 30, 2025.

2. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 13, 2025.

3. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 26, 2025.

5 4. Consideration Of Resolution Accepting the Grant Deed For the Public Utility Easement Dedicated by Simran Singh For APN 024-123-003 and Authorize the City Manager to Execute a Certificate of Acceptance for Recording of the Grant Deed. Staff Recommendation: Approve Resolution.

5. Consideration Of A Resolution to Approve a Contract with Midway Amusements for the 2025 and 2026 Sweet Potato Festival. Staff Recommendation: Approve Resolution.

6. Consideration Of A Resolution Adopting Title VI Implementation Plan, Designating the Public Works Director As the Title VI Coordinator, and Authorizing the Public Works Director to Execute All the Necessary Documents Associated with the Plan. Staff Recommendation: Approve Resolution.

7. Consideration Of A Resolution Ratifying Emergency Equipment Procurement And Emergency Repairs To Well 16; 1) Approve The Emergency Procurement Of A New Variable Frequency Drive (VFD) And Emergency Service Call From Valley 29 Electric, LLC In The Amount Of $22,923.84; 2) Authorize The Finance Department To Make A Supplemental Appropriations To The Water Enterprise Fund In The Amount Of $22,923.84; 3) Authorize The City Manager To Execute All Required Documents. Staff Recommendation: Approve Resolution.

PUBLIC HEARINGS

8. Consideration of a Resolution Approving the Issuance of Revenue Bonds By the California Municipal Finance Authority Maximum Principal Amount not to Exceed $35,000,000 for the Purpose of Financing and Refinance the Acquisition, Development, Construction and Equipping of River Glen Apartments and Execute of Joint Exercise of Powers Agreement With California Municipal Finance Authority (CMFA).

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Consideration of a Resolution Establishing the Creation of a Fire Services Ad-Hoc Committee, with a Sunset Provision of May 6, 2026; and Providing an Effective Date. Staff Recommendation: Approve Resolution.

10. Discussion and Direction Regarding the Display of the Flags Along Downtown Main Street. Staff Recommendation: Give Direction.

11. Discussion and Potential Direction Around Brown Act Violations.

12. Discussion and Potential Direction on Establishing a Regular Update Schedule for the Community (Potentially a Newsletter).

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT

STAFF REPORT
1 AGENDA ITEM: Warrant Register April 30, 2025
MEETING DATE: May 6, 2025
PREPARED BY: Bri Garcia, Accountant I
REVIEWED BY: Happy Bains, Finance Director
RECOMMENDATION:

Ratify the warrant register dated April 30 ,2025
DISCUSSION:

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

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

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

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

March 25, 2025 - April 30, 2025
GENERAL WARRANTS……………………. $ 2,414,565.73 13098 - 13390
PAYROLL/WIRE WARRANTS……….……. $ 855,874.43 3607 - 3650
ACH WARRANTS…………………………… $ 20,706.91
TOTAL WARRANTS………………………… $ 3,291,147.07
ATTACHMENTS:

Warrant Register (detailed by date and check number)

Accounts Payable
Checks by Date - Summary by Check Date
User:

Printed:

Check No
13098
13099
13100
13101
13102
13103
13104
13105
13106
13107
13108
13109
13110
13111
13112
13113
13114
13115
13116
13117
13118
13119
13120
13121
13122
13123
13124
13125
13126
13127
13128
13129
13130
13131
13132
13133
13134
13135
13136
13137
13138
13139
13140
13141
13142
13143
13144
[email protected]
4/30/2025 12:02 PM
Vendor No Vendor Name
251 ABS Direct, Inc.
395 Administrative Solution, Inc.
543 Albert M.Peche, A.M. Peche & Associates,
1697 Christian Alcaraz
250 Alhambra
1325 Alliant Insurance Service, Inc.
252 Allways Towing
1394 Christina Alvarez
396 American Fidelity Assurance
397 American Fidelity Assurance Company
529 American Legal Publishing
472 Aqua-Metric Sales Company
446 Belkorp Ag, LLC
193 BSK Associates
393 California State Disbursement Unit
398 Central SanJoaquin Valley Risk Manageme
399 Central SanJoaquin Valley Risk Manageme
272 Charter Cornrnunications Holdings, LLC
1239 Clark Pest Control of Stockton, Inc.
1092 Complete Paperless Solutions
283 CoreLogic Solutions, LLC
1308 CSG Consultants, Inc.
293 Department of Justice Accounting Office
260 First Cornrnunications, LLC
1696 Marcela Franco
420 Frantz Wholesale Nursery, LLC.
188 Frontier
164 Garza Tire & Wheel, Inc
1700 Sylvia Gonzalez
1492 Green Valley Plumbing, Inc.
551 Griswold Industries
267 Hoffman Security
501 Hunt & Sons, LLC
786 J.B, Anderson Land Use Planning
570 Jocelyn E. Roland, Ph.D., ABPP
1699 Elva Juarez
643 Cynthia Landeros
483 Loprest Division of WRT
MERAUDIT Merced Cnty Auditor Controller
522 Merced County Assessor's Office
278 Merced Irrigation District
389 Mid Valley IT
170 MintierHamish Planning Consulants
180 Mission Linen Service
431 Monte Vista Small Animal Hospital
UB*02108 DAVID MORALES
1698 Marissa Neves
AP Checks by Date - Summary by Check Date (4/30/2025 12:02 PM) Check Date
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
03/31/2025
(irty o,f Uving1sto1n
1416 C Stroot
Livingston, CA 95334
Check Amount
1,594.57
550.00
2,875.50
150.00
284.17
492.00
1,795.00

45.00 10,508.72
2,340.76
685.26
841.64
272.00
402.40
901.83
83,247.00
106,640.00
135.00
211.00
20,857.50
200.00
89,519.13
520.00

15.75 150.00
662.88
1,303.35
511.18
150.00
800.00
1,172.20
381.90
2,507.57
25,107.00
1,000.00
150.00
150.00
3,788.08
715.37
180.00
35,674.59
11,607.05
11,836.33
316.21
2,434.11
187.96
150.00

Check No Vendor No Vendor Name Check Date Check Amount
13145 302 Office Depot, lnc./ODP Business Solutions 03/31/2025 598.63 13146 1015 Pyro Spectac 03/31/2025 13,420.00
13147 430 Quadient Finance USA, Inc. 03/31/2025 560.12
13148 553 Rahn's Fire & Safety Services 03/31/2025 138.75 13149 433 Razzari Ford 03/31/2025 171.94
13150 1663 Mike Reavill 03/31/2025 850.00
13151 265 Resourceability 03/31/2025 1,688.00
13152 1668 Rincon Consultants, Inc 03/31/2025 1,693.35
13153 1695 Roberto Ruiz 03/31/2025 115.00
13154 450 S & A Manufacturing 03/31/2025 758.34
13155 1330 James D Sanders 03/31/2025 400.00
13156 307 Shred-It, C/O Stericycle, Inc. 03/31/2025 278.83 13157 323 Springbrook Holding Company LLC 03/31/2025 2,174.00 13158 598 Standard Insurance Company RB 03/31/2025 2,793.97 13159 1284 State of California 03/31/2025 65.08
13160 1606 SVAArchitects, Inc. 03/31/2025 20,227.80
13161 1405 Taylor Backhoe Service, Inc. 03/31/2025 155,735.38 13162 564 Texas Life Insurance 03/31/2025 747.12
13163 284 Trans Union LLC 03/31/2025 209.96
13164 313 U.S. Bank Equipment Finance 03/31/2025 366.66 13165 1658 Rosa Urrutia 03/31/2025 840.00
13166 608 Vision Service Plan- CA 03/31/2025 2,155.79
13167 409 Willdan Financial Services 03/31/2025 11,049.49 Total for 3/31/2025: 643,058.22
13168 251 ABS Direct, Inc. 04/07/2025 124.85
13169 1605 David Aguilar 04/07/2025 132.50
13170 1309 Aleshire & Wynder LLP 04/07/2025 26,189.40
13171 282 AT&T Mobility 04/07/2025 2,167.36
13172 566 Barton Overhead Door, Inc. 04/07/2025 2,824.00 13173 162 Steve Bassi 04/07/2025 25.00
13174 193 BSK Associates 04/07/2025 370.40
13175 1693 California Consulting, Inc 04/07/2025 14,250.00 13176 1704 Ernesto Carrillo 04/07/2025 60.00
13177 1674 Diego Castillo 04/07/2025 25.00
13178 272 Charter Cornrnunications Holdings, LLC 04/07/2025 233.48 13179 547 Don's Mobile Glass 04/07/2025 45.00
13180 455 Ernest Packaging Solutions 04/07/2025 2,004.68 13181 163 EZ Auto Supply 04/07/2025 26.68
13182 1151 Jose Flores 04/07/2025 25.00
13183 1662 Forensic Analytical Consulting Services, In 04/07/2025 1,569.90 13184 188 Frontier 04/07/2025 4,129.84
13185 UB*02112 JESSE GARIBAY 04/07/2025 338.64
13186 1306 Govemrnentjobs.com, Inc. 04/07/2025 10,628.10 13187 811 Pete Hulse, DVM, Pa Hilmar Animal Hospi 04/07/2025 183.00 13188 266 Hilmar Lumber 04/07/2025 623.00
13189 728 Holt of California 04/07/2025 2,640.71
13190 501 Hunt & Sons, LLC 04/07/2025 2,621.43
13191 629 Ingraham Trophies 04/07/2025 325.94
13192 1691 International Bronze Plaque Co. 04/07/2025 1,430.00 13193 1670 J&B Fencing, Inc 04/07/2025 5,900.00
13194 UB*02111 RAUDEL JR JAUREGUI 04/07/2025 338.64
13195 1551 Mohinder Kanda 04/07/2025 25.00
13196 238 Sandeep Kaur 04/07/2025 393.00
13197 675 Lance, Soll & Lunghard, LLP 04/07/2025 14,984.50 13198 461 LEAF 04/07/2025 741.59
AP Checks by Date - Summary by Check Date (4/30/2025 12:02 PM) Page2

Check No Vendor No Vendor Name Check Date Check Amount
13199 269 Merced Pest Control 04/07/2025 85.00
13200 389 Mid Valley IT 04/07/2025 11,278.79
13201 180 Mission Linen Service 04/07/2025 366.13
13202 635 Normac- Modesto 04/07/2025 382.24
13203 199 Northstar Chemical 04/07/2025 2,598.66
13204 302 Office Depot, lnc./ODP Business Solutions 04/07/2025 282.09 13205 1705 Deja Orosco 04/07/2025 150.00
13206 203 PG&E 04/07/2025 66,094.96
13207 744 Play Power LT Farmington, Inc 04/07/2025 139,151.36 13208 433 Razzari Ford 04/07/2025 1,519.43
13210 500 Safeguard Business Systems 04/07/2025 1,339.65 13211 499 Safety-Kleen Systems, Inc. 04/07/2025 2,221.53 13212 408 Sapien Family Trust 04/07/2025 1,000.00
13213 739 Self- Help Enterprises 04/07/2025 471.73
13214 989 Jasneil Singh 04/07/2025 25.00
13215 666 Sun Ridge Systems, Inc. 04/07/2025 26,643.00
13216 530 Telstar Instruments 04/07/2025 8,436.00
13217 310 Totlcom, Inc. 04/07/2025 427.71
13218 314 Valley Coffee & Water 04/07/2025 74.95
13219 1702 Visionary Home Builders of California, Inc 04/07/2025 53,647.30 13220 296 Visual Edge IT, Inc 04/07/2025 1,680.52
13221 818 Renee Waite-Mendonca 04/07/2025 25.00
Total for 4/7/2025: 413,277.69
13222 395 Administrative Solution, Inc. 04/08/2025 200.00 13223 396 American Fidelity Assurance 04/08/2025 3,678.47 13224 397 American Fidelity Assurance Company 04/08/2025 2,474.88 13225 393 California State Disbursement Unit 04/08/2025 901.83 13226 612 Livingston Peace Officers Association 04/08/2025 1,801.00 13227 437 Operating Engineers Local 3 04/08/2025 477.00 13228 438 Operating Engineers Local Union No.3 04/08/2025 630.00 13229 1284 State of California 04/08/2025 65.08
13230 564 Texas Life Insurance 04/08/2025 373.56
13231 608 Vision Service Plan- CA 04/08/2025 624.63
Total for 4/8/2025: 11 ,226.45
13232 250 Alhambra 04/14/2025 616.90
13233 162 Steve Bassi 04/14/2025 25.00
13234 1690 BSAFE Playground Inspection Services, In 04/14/2025 825.00 13235 193 BSK Associates 04/14/2025 911.25
13236 1706 Ahtziri Cabeza 04/14/2025 150.00
13237 192 Cal Traffic 04/14/2025 2,558.56
13238 660 Calgon Carbon Corporation 04/14/2025 78,600.00 13239 1674 Diego Castillo 04/14/2025 25.00
13240 1189 City of Merced 04/14/2025 120.00
13241 1239 Clark Pest Control of Stockton, Inc. 04/14/2025 225.00 13242 447 Conca West, Inc 04/14/2025 252,679.58
13243 283 CoreLogic Solutions, LLC 04/14/2025 200.00
13244 547 Don's Mobile Glass 04/14/2025 60.00
13245 455 Ernest Packaging Solutions 04/14/2025 923.39
13246 1410 FFP Fund VII TEI Partnership 1, LLC 04/14/2025 9,515.58 13247 1151 Jose Flores 04/14/2025 25.00
13248 420 Frantz Wholesale Nursery, LLC. 04/14/2025 100.00 13249 188 Frontier 04/14/2025 881.41
13250 727 Garton Tractor, Inc 04/14/2025 157.80
AP Checks by Date - Summary by Check Date (4/30/2025 12:02 PM) Page 3

Check No Vendor No Vendor Name Check Date Check Amount
13251 164 Garza Tire & Wheel, Inc 04/14/2025 606.09
13252 UB*02109 JOSE ANTONIO GONZALEZ TAFOLLA 04/14/2025 42.43 13253 356 Gouveia Engineering, Inc. 04/14/2025 97,869.51 13254 UB*02090 LAURAHERD 04/14/2025 110.00
13255 266 Hilmar Lumber 04/14/2025 49.69
13256 359 Hinderliter, de Llamas & Associates 04/14/2025 1,265.33 13257 482 Hi-Tech EVS, Inc, 04/14/2025 395.00
13258 501 Hunt & Sons, LLC 04/14/2025 3,371.90
13259 165 J L Analytical Services, Inc. 04/14/2025 434.00 13260 786 J.B, Anderson Land Use Planning 04/14/2025 20,823.40 13261 476 Jorgensen Company 04/14/2025 431.30
13262 1551 Mohinder Kanda 04/14/2025 25.00
13263 615 McClatchy Company LLC 04/14/2025 796.08
13264 415 Merced Irrigation District 04/14/2025 169.80
13265 180 Mission Linen Service 04/14/2025 1,241.00
13266 1673 My Bark Co., Inc. 04/14/2025 3,519.12
13267 197 N & S Tractor 04/14/2025 184.13
13268 199 Northstar Chemical 04/14/2025 844.96
13269 949 Nova Heating and Air Conditioning 04/14/2025 2,639.25 13270 302 Office Depot, Inc./ODP Business Solutions, 04/14/2025 428.17 13271 1147 PAC Machine Company, INC. 04/14/2025 5,215.10 13272 553 Rahn's Fire & Safety Services 04/14/2025 1,853.36 13273 1663 Mike Reavill 04/14/2025 425.00
13274 1661 Resource Development Company 04/14/2025 41,998.98 13275 1708 Angelica Sandoval 04/14/2025 150.00
13276 UB*02110 DALERJIT SINGH 04/14/2025 282.02
13277 989 Jasneil Singh 04/14/2025 25.00
13278 323 Springbrook Holding Company LLC 04/14/2025 2,277.00 13279 412 State of California Department of Transpor1 04/14/2025 679.08 13280 1388 Straight Edge Roofing Inc. 04/14/2025 4,500.00 13281 609 T & T Valve and Instrument 04/14/2025 2,355.32 13282 1707 Lisbet Toro 04/14/2025 150.00
13283 284 Trans Union LLC 04/14/2025 196.41
13284 366 USABlueBook 04/14/2025 656.87
13285 296 Visual Edge IT, Inc 04/14/2025 78.28
13286 818 Renee Waite-Mendonca 04/14/2025 25.00
Total for 4/14/2025: 544,713.05
13287 251 ABS Direct, Inc. 04/22/2025 1,745.91
13288 UB*02114 AURELIA ALEMAN 04/22/2025 216.88
13289 747 All Star Elite Sports 04/22/2025 9,950.09
13290 253 AT&T 04/22/2025 243.02
13291 445 Axon Enterprise, Inc. 04/22/2025 675.34
13292 454 Backflow Apparatus & Valve Co. 04/22/2025 123.30 13293 1709 Kelia Bean 04/22/2025 150.00
13294 193 BSK Associates 04/22/2025 526.00
13295 320 California Building Standards Commission 04/22/2025 60.30 13296 291 City of Livingston c/o L &L District Irrigati 04/22/2025 5,746.42 13297 1239 Clark Pest Control of Stockton, Inc. 04/22/2025 86.00 13298 UB*02113 ZENAIDA CONTRERAS 04/22/2025 118.49
13299 1308 CSG Consultants, Inc. 04/22/2025 18,554.00
13300 321 Department of Conservation Division of Ad 04/22/2025 130.15 13301 1481 Viviana Diaz 04/22/2025 150.00
13302 319 Division of The State Architect 04/22/2025 20.00 13303 1479 Ferguson Waterworks #2777 04/22/2025 1,326.97 13304 420 Frantz Wholesale Nursery, LLC. 04/22/2025 10,344.41 AP Checks by Date - Summary by Check Date (4/30/2025 12:02 PM) Page4

Check No Vendor No Vendor Name Check Date Check Amount
13305 188 Frontier 04/22/2025 531.42
13306 387 Frontier Communications Corp Frontier Co 04/22/2025 153.03 13307 1603 Melanie Garcia 04/22/2025 486.00
13308 262 Gilton Solid Waste 04/22/2025 187,470.92
13309 356 Gouveia Engineering, Inc. 04/22/2025 25,352.92 13310 165 J L Analytical Services, Inc. 04/22/2025 124.00 13311 521 Jim Brisco Enterprises, Inc. 04/22/2025 1,800.00 13312 570 Jocelyn E. Roland, Ph.D., ABPP 04/22/2025 500.00 13313 268 Language Line Services, Inc. 04/22/2025 190.82 13314 1643 Rafaela C. Lara 04/22/2025 120.00
13315 Mallory Mallory Fire 04/22/2025 1,710.99
13316 1170 Martin Marietta Materials, Inc. 04/22/2025 156.09 13317 615 McClatchy Company LLC 04/22/2025 994.56
13318 362 Merced County Animal Control 04/22/2025 1,870.00 13319 595 Metro Uniform Merced 04/22/2025 369.31
13320 389 Mid Valley IT 04/22/2025 11,323.80
13321 170 MintierHarnish Planning Consulants 04/22/2025 3,150.00 13322 180 Mission Linen Service 04/22/2025 484.20
13323 194 Modesto Welding Products 04/22/2025 24.00
13324 2 Angelita Moran 04/22/2025 216.00
13325 197 N & S Tractor 04/22/2025 774.81
13326 199 Northstar Chemical 04/22/2025 2,072.55
13327 949 Nova Heating and Air Conditioning 04/22/2025 250.00 13328 302 Office Depot, Inc./ODP Business Solutions, 04/22/2025 264.00 13329 203 PG&E 04/22/2025 7.15
13330 430 Quadient Finance USA, Inc. 04/22/2025 511.30
13331 1663 Mike Reavill 04/22/2025 850.00
13332 1652 Richards, Watson & Gershon A Professiona 04/22/2025 65.00 13333 589 Shannon Pump Co. 04/22/2025 241,912.87
13334 307 Shred-It, C/O Stericycle, Inc. 04/22/2025 1,047.51 13335 1068 Steele Public Safety Systems 04/22/2025 2,530.00 13336 609 T & T Valve and Instrument 04/22/2025 4,436.26 13337 1552 Turbo Data System, Inc. 04/22/2025 480.54
13338 313 U.S. Bank Equipment Finance 04/22/2025 536.92 13339 1710 Unspent Funds OWR2-21-0054 04/22/2025 2,775.00 13340 1150 Valley 29 Electric, LLC 04/22/2025 1,000.00
13341 314 Valley Coffee & Water 04/22/2025 8.00
13342 367 Verizon Wireless 04/22/2025 1,743.81
Total for 4/22/2025: 548,461.06
13343 434 AFSCME District Council 57 04/28/2025 1,575.42 13344 393 California State Disbursement Unit 04/28/2025 1,718.75 13345 405 Premier Access Insurance Company 04/28/2025 10,939.00 13346 1284 State of California 04/28/2025 65.08
13347 251 ABS Direct, Inc. 04/28/2025 121.26
13348 1711 Cynthia Aguilar 04/28/2025 150.00
13349 193 BSK Associates 04/28/2025 5,628.70
13350 1178 Andres Cruz 04/28/2025 150.00
13351 787 Custom Weed Control Inc. 04/28/2025 400.00
13352 1089 DAHLIN GROUP 04/28/2025 1,132.50
13353 293 Department of Justice Accounting Office 04/28/2025 292.00 13354 547 Don's Mobile Glass 04/28/2025 518.00
13355 455 Ernest Packaging Solutions 04/28/2025 72.32
13356 258 Ewing Irrigation Products, Inc. 04/28/2025 843.47 13357 163 EZ Auto Supply 04/28/2025 141.16
13358 1479 Ferguson Waterworks #2777 04/28/2025 2,132.44 AP Checks by Date - Summary by Check Date (4/30/2025 12:02 PM) Page 5

Check No Vendor No Vendor Name Check Date Check Amount
13359 188 Frontier 04/28/2025 4,586.45
13360 164 Garza Tire & Wheel, Inc 04/28/2025 1,038.68
13361 262 Gilton Solid Waste 04/28/2025 5,178.50
13362 819 Great West Equipment, Inc. 04/28/2025 4,831.65 13363 482 Hi-Tech EVS, Inc, 04/28/2025 791.00
13364 267 Hoffinan Security 04/28/2025 52.95
13365 501 Hunt & Sons, LLC 04/28/2025 9,990.38
13366 1570 Hunt Oil of California 04/28/2025 870.52
13367 1033 Independent Investigations LLC 04/28/2025 1,252.20 13368 520 Interstate Truck Center 04/28/2025 92.29
13369 1130 Kellogg Supply 04/28/2025 579.01
13370 362 Merced County Animal Control 04/28/2025 3,470.00 13371 278 Merced Irrigation District 04/28/2025 39,911.93 13372 269 Merced Pest Control 04/28/2025 85.00
13373 595 Metro Uniform Merced 04/28/2025 909.80
13374 389 Mid Valley IT 04/28/2025 85,149.11
13375 180 Mission Linen Service 04/28/2025 534.70
13376 635 Normac- Modesto 04/28/2025 187.66
13377 302 Office Depot, Inc./ODP Business Solutions, 04/28/2025 33.70 13378 203 PG&E 04/28/2025 57,104.52
13379 514 Quadient Leasing USA, Inc. 04/28/2025 982.71
13380 208 Saenz Pest Control, Inc. 04/28/2025 129.00
13381 739 Self- Help Enterprises 04/28/2025 221.73
13382 439 Sharpening Shop 04/28/2025 532.10
13383 307 Shred-It, C/O Stericycle, Inc. 04/28/2025 551.93 13384 309 St. Francis Electric 04/28/2025 1,201.00
13385 692 Tesco Controls, Inc. 04/28/2025 5,483.20
13386 625 United Rentals 04/28/2025 199.17
13387 366 USABlueBook 04/28/2025 532.85
13388 314 Valley Coffee & Water 04/28/2025 66.95
13389 1204 Valley Sanitation & Rentals LLC 04/28/2025 764.47 13390 597 Work Wellness 04/28/2025 634.00
Total for 4/28/2025: 253,829.26
Report Total (292 checks): 2,414,565.73
AP Checks by Date - Summary by Check Date (4/30/2025 12:02 PM) Page 6

MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
FEBRURARY 13, 2025
A Special Meeting of the Livingston City Council was held on February 13, 2025, in the Council of Chambers, with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 7:13 PM

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Japjeet Singh Uppal
Council Member Jason Roth
Council Member Robert Wallis

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.

CHANGES TO AGENDA
Motion: M/S Roth/Samra to continue Item 2 after February 25th. The motion failed 2-2-0-1 by the following roll call vote:

AYES: Council Members: Roth and Samra
NOES: Council Members: Moran and Uppal
ABSENT: Council Members: None
ABSTAIN: Council Members: Wallis
Mayor Pro-Tem Samra requested item 3 to be heard first. 1:8]
1:8]
1:8]
1:8]
1:8]

CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 7:42 p.m. as there were no comments from the public.

CLOSED SESSION

1. Conference with Legal Counsel – Anticipated Litigation Significant Exposure to litigation pursuant to Gov. Code, § 54956.9(d): one (1) matter.

2. Public Employee Appointment-(Government Code § 54957) Title: Interim City Manager.

3. Conference with Legal Counsel – Pending Litigation pursuant to paragraph 4 of subdivision (d) of Government Code § 54956.9: Jose Ramirez v. City of Livingston, et al., Case No. 22CV0082.

CLOSED SESSION ANNOUNCEMENTS
There was no reportable action.

ADJOURNMENT
The special meeting was adjourned by consensus at 11:00 PM ____________________________________
City Clerk of the City of Livingston
APPROVED:
___________________________
Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.

MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
FEBRUARY 26, 2025
A Special Meeting of the Livingston City Council was held on February 26, 2025, in the Council of Chambers, with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 6:01 p.m.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Japjeet Singh Uppal
Council Member Jason Roth
Council Member Bob Wallis

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.

CHANGES TO THE AGENDA
Mayor Moran requested that agenda item 10 to be postponed to the next meeting on March 18, 2025.

Motion: M/S Moran/Samra to postpone Item 10 to March 18th. The motion passed 5-0-0 by the following roll call vote:

AYES: Council Members: Roth, Samra, Uppal, Moran, and Wallis NOES: Council Members: None
ABSENT: Council Members: None

CITIZEN COMMENTS
Mayor Moran opened and closed Citizen Comments at 6:04 p.m. as there were no comments from the public.

CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.

CLOSED SESSION

1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d): four (4) matters.

2. Public Employee Appointment-(Government Code § 54957) Title: Interim City Manager

3. Conference with Legal Counsel – Pending Litigation pursuant to paragraph 4 of subdivision (d) of Government Code § 54956.9: Jose Ramirez v. City of Livingston, et al., Case No. 22CV0082

4. Threats to Public Services or Facilities (Pursuant to Government Code §54957(a).) Consultation with City Attorney and/or Finance Director/Assistant City Manager.

5. Conference with Legal Counsel – Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of Claim No.: FR102723 Claimant Marlene Aguilar seeks monetary compensation from the City for damages to personal property (vehicle).

The Council went into closed session at 6:06 pm.

The Council resumed the special meeting at 7:58p.m.

CLOSED SESSION ANNOUNCEMENTS
City Attorney Santos reported that Item 5 of the closed session was rejected due to the claim being incomplete, and will be considered once two (2) estimates are provided. Closed session Item 4 will be continued after Discussion and Potential Action Items.

DISCUSSION AND POTENTIAL ACTION ITEMS

6. Livingston Element for the Multijurisdictional Local Roadway Safety Plan prepared by the Merced County Association of Governments. Staff Recommendation: Approve to Adopt.

City Engineer Noe Martinez introduced this item and responded to council questions.

Mayor Moran opened and closed public comments at 8:05 p.m. as there were no comments from the public.

Motion: M/S Samra/Roth to approve Resolution No. 2025-14, Adopting the Livingston Element for Multijurisdictional Local Roadway Safety Plan prepared by Merced County Association of Governments. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Roth, Uppal, Samra, Wallis and Moran.

NOES: Council Members: None
ABSENT: Council Members: None

7. Consideration of a Resolution to accept Bid and Award a Contract to Quality Well Drillers, Inc. for the Test Well 18 Project and Authorize the Finance Director/Assistant City Manager to execute the Agreement. Staff Recommendation: Approve Resolution City Engineer Mario Gouveia introduced the item and responded to council questions.

City Engineer Mario Gouveia introduced this item and responded to council questions.

Mayor Moran opened and closed public comments at 8:11 p.m. as there were no comments from the public.

Motion: M/S Samra/Wallis to approve Resolution No. 2025-15 to accept Bid and Award a Contract to Quality Well Drillers, Inc. for the Test Well 18 Project and Authorize the Finance Director/Assistant City Manager to execute the Agreement. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Roth, Uppal, Samra, Wallis and Moran.

NOES: Council Members: None
ABSENT: Council Members: None

8. Considering a Resolution Authorizing the Finance Director/Assistant City Manager to Execute a Change Order from the Original Purchase Order for Shannon Pump Company to Install New Well Shaft and Necessary Components to Well 17 in an amount not to Exceed $39,302.40, and (2) Authorizing the Finance Department to Make a Supplemental Appropriation to Fiscal Year 2024/2025 Budget in the Amount of $39,302.40 to the Water Enterprise Fund. Staff Recommendation: Approve Resolution Public Works Director Anthony Chavarria introduced the item and responded to council questions.

Mayor Moran opened and closed public comments at 8:14 p.m., as there were no comments from the public.

Motion: M/S Samra/Roth to approve Resolution No. 2025-16, Authorizing the Finance Director/Assistant City Manager to Execute a Change Order from the Original Purchase Order for Shannon Pump Company to Install New Well Shaft and Necessary Components to Well 17 in an amount not to Exceed $39,302.40, and (2) Authorizing the Finance Department to Make a Supplemental Appropriation to Fiscal Year 2024/2025 Budget in the Amount of $39,302.40 to the Water Enterprise Fund. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Roth, Uppal, Wallis, Samra, and Moran.

NOES: Council Members: None
ABSENT: Council Members: None

9. In-Person Brown Act Workshop for City Council, Planning Commission and Parks Recreation and Arts Commission.

Mayor Moran introduced this item.

Mayor Pro-Temp Samra asked if this item would include the ABC1234 workshop training.

City Attorney Roy Santos recommended that the ABC1234 workshop, and the Brown Act be done separately.

Mayor Moran opened and closed public comments at 11:57 p.m. as there were no comments from the public.

The Council were consensus to have an in-person training.

Mayor Moran suggested that the Finance Director/Assistant City Manager send two (2) polls to staff to find dates that would work best for the majority.

Mayor Moran suggested that the workshops be as soon as possible.

10. Formation of Measure L Oversight Committee and Setting Priorities for Measure L Funding.

Clerk Notes: Agenda Item 10 postponed to the meeting of March 18, 2025.

11. Consideration of a Resolution Authorizing Finance Director/Assistant City Manager to Execute Agreement with HR Green, Inc. to Preform Engineering Services to Include Water Modelling, Development of a Water Comprehensive Capital Improvement Program (CIP), and Other Water Related Engineering Services as Needed.

Mayor Moran opened public comments at 8:29 p.m.

Public Comment
Attendee (did not state name)

Mayor Moran closed public comments at 8:31 pm as there were no further comments from the public.

City Engineer Mario Gouvia came forward to clarify that the city does not have a GIS system. He also stated that Gouveia Engineering has experience in Water Modelling and CIPs.

No motion or action was taken.

12. Requesting the Scheduling of 2-3 Town Hall Meetings for the Year 2025.

Mayor Pro-Tem Samra suggested having meetings during the weekend.

Council Member Roth suggested having the meetings quarterly.

Council Member Uppal noted that Merced City Council does their Town Hall meetings two to three weeks apart and switch locations.

The City Attorney mentioned the idea of getting a facilitator to help with this issue.

Council Member Uppal volunteered to be the facilitator.

The council gave direction to staff to bring back item with potential dates.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS:

None.

The council went into closed session at 8:58 p.m.

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

ADJOURNMENT
The special meeting was adjourned by consensus at 9:21 p.m. ____________________________________
City Clerk of the City of Livingston
APPROVED:
___________________________
Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.

1 STAFF REPORT
AGENDA ITEM: Resolution of the City Council of the City of Livingston Accepting the Grant Deed for the Public Utility Easement Dedicated by Simran Singh for APN 024-123-003 and Authorize the City Manager to Execute a Certificate of Acceptance for Recording of the Grant Deed

MEETING DATE: May 6, 2025
PREPARED BY: Noe Martinez, PE, Gouveia Engineering Inc.

Approved By: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2025-_______, accepting the Grant Deed for the Public Utility Easement dedicated by Simran Singh for APN 024-123-003 and authorize the City Manager to execute a Certificate of Acceptance for recording of the Grant Deed.

BACKGROUND AND DISCUSSION:

On June 20, 2023, the City Council of the City of Livingston approved Site Plan/Design Review 2023-06 and Conditional Use Permit 2023-01, for the construction of a two-story residential triplex building at 1222 B Street (APN 024-123-003). The review of the improvement plans is underway and the final approval is forthcoming.

The Conditions of Approval for this project required the dedication of a 10’ Public Utility Easement (PUE) along the property street frontage of B Street. This PUE dedication to the City of Livingston should be filed with the County Recorder’s office prior to the issuance of a certificate of occupancy for this project.

The property owner, Simran Singh, has prepared the attached Grant Deed for the dedication of said public utility easement. City staff has reviewed the Grant Deed and recommends that the City Council accept the PUE for said property for recording.

The resolution also authorizes the City Manager to execute the attached Certificate of Acceptance for recording of the Grant Deed.

FISCAL IMPACT
There would be no fiscal impact for this item.

ATTACHMENTS:

1. Resolution No. 2025-____

2. Grant Deed for Public Utility Easement

3. Certificate of Acceptance

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ACCEPTING THE

GRANT DEED FOR THE PUBLIC UTILITY EASEMENT DEDICATED BY SIMRAN SINGH FOR APN 024-123-003 AND AUTHORIZE THE CITY MANAGER TO EXECUTE A

CERTIFICATE OF ACCEPTANCE FOR RECORDING OF THE GRANT DEED WHEREAS, the City Council of the City of Livingston approved the Site Plan/Design Review 2023-06 and Conditional Use Permit 2023-01, on June 20, 2023, for the development of a two-story residential triplex building by Simran Singh, in care of Inderjit S. Toor Construction; and
WHEREAS, the subject property is located at 1222 B Street on APN 024-123-003; and WHEREAS, the review of the improvement plans for the two-story residential triplex building is underway and the final approval is forthcoming; and WHEREAS, the Conditions of Approval for this project required the dedication of a 10’ Public Utility Easement to the City of Livingston on the property street frontage of B Street; and WHEREAS, the City has obtained an executed Public Utility Easement Grant Deed from the property owner, Simran Singh; and
WHEREAS, the City desires to accept the Public Utility Easement Grant Deed from said property owner and record the easement prior to the issuance of a certificate of occupancy for this project; and
WHEREAS, the City Council delegates authority to the City Manager to execute a Certificate of Acceptance for the recording of said Grant Deed.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows;
Section 1: Adopt a resolution of the City Council of the City of Livingston accepting the Public Utility Easement Grand Deed dated February 17, 2025, from Simran Singh.

Section 2: The City Council authorizes and directs the City Manager to execute the Certificate of Acceptance and file with the County Recorder’s office.

Section 3: This resolution is effective immediately upon adoption. ///
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I hereby certify that the forgoing Resolution No. 2025-__ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the city of Livingston at a regular meeting thereof duly held on the 6th day of May 2025, by the vote recorded as follows:

AYES:

NOES:

ABSTAIN:

ABSENT:

By: _____________________
Jose A. Moran
Mayor of City of Livingston
ATTEST

_____________________________
Monica Cisneros, Deputy City Clerk
Of the City of Livingston

APPROVED AS TO LEGAL FORM
____________________________
Roy C. Santos, City Attorney

RECORDING REQUESTED BY

CITY OF LIVINGSTON
AND WHEN RECORDED MAIL TO:

CITY OF LIVINGSTON

CITY CLERKS OFFICE
1416 C STREET
LIVINGSTON, CA 95334
PROPERTY ADDRESS: 1222 B
STREET, LIVINGSTON, CA 95334
AP N : PORTION OF 024-1 23-003-000

SPACE ABOVE THIS LINE FOR RECORDER'S USE

PUBLIC UTILITY EASEMENT DEED
The undersigned grantor(s) declare(s):

Documentary Transfer Tax is Exempt per Rev. & Tax Code 11922 CITY TAX $0.00 ( ) computed on full value of property conveyed, or
( ) computed on full value less of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) City of Livingston
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,

SIMRAN SINGH, A SINGLE MAN, AS HIS SOLE AND SEPARATE PROPERTY hereby GRANTS(S) to
City of Livingston, a municipal corporation an easement for the public utility purposes over, under, through and across
the following described real property in the City of Livingston, County of Merced, State of California, described as:

See Exhibit "A" Legal Description and Exhibit "B" Plat Map attached hereto and made a part hereof By: D Mf-b(lJq
~ (print name)

MAIL TAX STATEMENT AS DIRECTED ABOVE
- 1 -

GENERAL ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California _\,,(:) '
County of 8ta11islaos 3,CI.M.,,,,6~ a..q~
On this ~ l dayof~d
before me, VS 0 ().Q..,U ../L J-v
2o_, d:6
, Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. {This area for official notarial seal) Notary's Signature
My Commission Expires:(V"\_°=iJ ~ • atJ2Y~,
- 2 -

CALIFORNIA UNIFORM STATUTORY POWER OF ATTOR.i~ EY
(California Probate Code Section 4401)
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY

ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT (CALIFORNIA PROBATE CODE SECTIONS 4400-4465). IF YOU HA VE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. TIDS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU.

YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. l, SI' rr1 Rfrr..J S /'I~/-}- of
[Principal's Name] [Prine/pal's Address]
appoint ?Af<f¾v1j f 1 S; Na, H- of ------ [Agent's Name] [Agent's Address] as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following initialed subjects:

TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS. TO GRANT ONE OR MORE, BUT

FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.

INITIAL
_(A)
_ (B)
_ (C)
_ (D)
_ {E)
_(F)
_(G)
_(H)
_ (I)
_(J)
_(K)
_ (L)
~(M)

CW--(N)
Real property transactions.

Tangible personal property transactions.

Stock and bond transactions.

Commodity and option transactions.

Banking and other financial institution transactions.

Business operating transactions.

Insurance and annuity transactions.

Estate, trust, and other beneficiary transactions.

Claims and litigation.

Personal and family maintenance.

Benefits from social security, medicare, medicaid, or other governmental programs, or civil or military service.

Retirement plan transactions.

Tax matters.

ALL OF THE POWERS LISTED ABOVE.

YOU NEED NOT lNITIAL ANY OTHER LINES IF YOU INITIAL LINE (N).

Statutory Form Power of Attorney Page 1

SPECIAL INSTRUCTIONS:

ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.

I C., Rt\ l'JT HIM ~VLL f'ow ft5
nt-A-N.S ALT! o N.5
-ri.Ar.JS AC..T1 o I\JS

UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.

This power of attorney will continue to be effective even though I become incapacitated.

STRIKE THE PRECEDING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO CONTINUE IF YOU BECOME INCAPACITATED.

EXERCISE OF POWER OF ATTORNEY WHERE YiORE THAN ONE AGENT DESIGNATED If I have designated more than one agent, the agents are to act rJ } A ---.~-----

IF YOU APPOINTED MORE THAN ONE AGENT AND YOU WANT EACH AGENT TO BE ABLE TO ACT ALONE WITHOUT THE OTHER AGENT JOINING, WRITE THE WORD "SEPARATELY" IN THE BLANK SPACE ABOVE. IF YOU DO NOT INSERT ANY WORD IN THE BLANK SPACE, OR IF YOU INSERT THE WORD "JOINTLY", THEN ALL OF YOUR AGENTS MUST ACT OR SIGN TOGETHER.

I agree that any third party who receives a copy of this document may act under it.

Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney.

Signed this J?Lj day of ~ V L 'I , 20~.
[Principal's Social Security Number)

BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.

Statutory Form Power of Attorney Page2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of San , )oo..ctv1· n )
On J UdL(. '.:24, ?1>(S: before me, tJo..e { I .e 14..ev-e, NOiz:tf)' 8.-tloC,c...

Date Here Insert Name and Title of the Officer
personally appeared ____ _ __ _,_3_._,_,)m'---'--'-'m'-='---"-'-n---'---S_ /_h_,g_._h ___ _ _ _ _ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persontST whose nam($t is/a!'e subscribed to the within instrument and acknowledged to me that he/sl:,e/"!Rey- executed the same in his.4:terftheir authorized capacity~and that by his/Aer/t+,eir signature{s). on the instrument the personfs), or the entity upon behalf of which the person(s} acted, executed the instrument. la ___ , ... ,__ JOELLE REEVE ~ • ~ • •. COMM. # 1996427 c, ~ ;:: . • ,. NOTARY PUBLIC•CALIFORNIA ~ • .-;,, • . CONTRA COSTA COUNTY ... • • • • My Comm. Exp. October 30, 2016
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
---------------oPTJONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _____ ______ _ Document Date: ____ ___ _ Number of Pages: _ _ _ Signer(s) Other Than Named Above: ________ ____ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: _ _______ _ _ _ _
D Corporate Officer - Title(s): _ _ ___ _ _
D Partner - D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
Signer's Name: ___ ________ _
D Corporate Officer - Title(s): _ _____ _
D Partner - D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
0 Other: _____ _ _____ __ _
Signer Is Representing: _ _____ __ _
D Other: ___ _ _____ ____ _
Signer Is Representing: ______ __ _
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

NOTICE TO PERSON EXECUTING DURABLE POWER OF ATTORNEY
(California Probate Code Section 4128(a))
A durable power of attorney is an important legal document. By signing the durable power of attorney, you are authorizing another person to act for you, the principal. Before you sign this durable power of attorney, you should know these important facts:

Your agent (attorney-in-fact) has no duty to act unless you and your agent agree otherwise in writing.

This document gives your agent the powers to manage, dispose of, sell, and convey your real and personal property, and to use your property as security if your agent borrows money on your behalf. This document does not give your agent the power to accept or receive any of your property, in trust or otherwise, as a gift, unless you specifically authorize the agent to accept or receive a gift.

Your agent will have the right to receive reasonable payment for services provided under this durable power of attorney unless you provide otherwise in this power of attorney.

The powers you give your agent will continue to exist for your entire lifetime, unless you state that the durable power of attorney will last for a shorter period of time or unless you otherwise terminate the durable power of attorney. The powers you give your agent in this durable power of attorney will continue to exist even if you can no longer make your own decisions respecting the management of your property.

You can amend or change this durable power of attorney only by executing a new durable power of attorney or by executing an amendment through the same formalities as an original. You have the right to revoke or terminate this durable power of attorney at any time, so long as you are competent.

This durable power of attorney must be dated and must be acknowledged before a notary public or signed by two witnesses. If it is signed by two witnesses, they must witness either (1) the signing of the power of attorney or (2) the principal's signing or acknowledgment of his or her signature. A durable power of attorney that may affect real property should be acknowledged before a notary public so that it may easily be recorded.

You should read this durable power of attorney carefully. When effective, this durable power of attorney will give your agent the right to deal with property that you now have or might acquire in the future. The durable power of attorney is important to you. If you do not understand the durable power of attorney, or any provision of it, then you should obtain the assistance of an attorney or other qualified person.
~ [Initials of Prinicipaf]
* * *
Statutory Form Power of Attorney Pagei

NOTICE TO PERSON ACCEPTING THE APPOINTMENT AS ATTORNEY-IN-FACT By acting or agreeing to act as the agent (attorney-in-fact) under this power of attorney you assume the fiduciary and other legal responsibilities of an agent. These responsibilities include:

1. The legal duty to act solely in the interest of the principal and to avoid conflicts of interest.

2. The legal duty to keep the principal's property separate and distinct from any other property owned or controlled by you.

You may not transfer the principal's property to yourself without full and adequate consideration or accept a gift of the principal's property unless this power of attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal's property. If you transfer the principal's property to yourself without specific authorization in the power of attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse under Penal Code Section 368. In addition to criminal prosecution, you may also be sued in civil court.

I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the agent (attorney-in-fact) under the terms of this power of attorney.

Date:

PAAtwJJJ.1 JiNq }J
[Print Name of Agent)
Statutory Form Power of Attorney Page ii

EXHIBIT A

LEGAL DESCRIPTION
10’ WIDE PUBLIC UTILITIES EASEMENT:

THE NORTH TEN FEET (10’) OF THE FOLLOWING DESCRIBED LAND, LOT 3 AND THE WEST ONE-HALF OF LOT 2, IN BLOCK 7, AS SHOWN ON THE MAP OF LIVINGSTON, LAND & COLONY CO’S ADDITION NO. 1 TO THE TOWN OF LIVINGSTON, AS PER MAP THEREOF FILED FOR RECORDS APRIL 10, 1909, IN VOLUME 4 OF MAPS, PAGE 12, MERCED COUNTY RECORDS.

END OF DESCRIPTION

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ME SHEET
MVE Inc. 1
Job No.: NC2 3061
10 FOOT WIDE
P.U.£ 1117 L Street, Modesto, CA 95354
Phone: 866. 526. 42 ! 4 LI VIN GS TON
866.526.4214 I www.mve.net f
CALIFORNIA Northern California I Southern California I Nevada OF_

CERTIFICATE OF ACCEPTANCE
(Government Code § 27281)
This is to certify that the interest in real property, as shown on Exhibit “A” attached hereto, conveyed by the Public Utility Easement Deed dated February 17, 2025, from SIMRAN SINGH, to the CITY OF LIVINGSTON, is hereby accepted by order of the Livingston City Council, by adoption of Resolution No. 2025-___, on May 6, 2025. The City of Livingston hereby consents to recordation thereof by its duly authorized officer.

Dated:__________________, 2025 By:_________________________________ Jose Antonio Ramirez, City Manager

1 STAFF REPORT
AGENDA ITEM: Sweet Potato Festival Carnival Contract for 2025 / 2026 MEETING DATE: May 6, 2025
PREPARED BY: Jacquelyn Benoit, Recreation Superintendent REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:

Staff is seeking council’s approval for the Midway Amusements Contract, direction and pleasure.

BACKGROUND:

The city has used Harry Mason with Midway Amusements for the Sweet Potato Festival for the past two years. Harry came highly recommended to us from the Los Banos Fair in 2023. Harry is semi local out of Fair Oaks and has put us on their yearly route. In 2023 and 2024 Midway Amusements operated at the Sweet Potato Festival and it proved to be a good partnership.

They fulfilled the contract with set up, clean up, number of rides and operation of the carnival.

They paid for all permits from environmental health as needed. They also paid for extra restrooms to be used by their staff.

Our past partnership was a two-year contract for carnival services, and I am recommending a again a two-year contract to secure the dates for 2025 and 2026. The agreement with Midway Amusements is 20% share with the city both presale and onsite sales. Presale tickets are sold to the city for $30 rather than the onsite price of $35, so we make a little more on presale.

DISCUSSION:

Because of calendaring purposes and the difficulty in getting carnivals, staff is looking to have a three-year contract instead of two. As the council may or may not know, the carnival income helps us continue to keep the entry of the festival at a reduced cost.

Staff suggest 3 options for this item:

1. Permit the City Manager to negotiate and approve the contract with Harry Mason, Midway Amusements pending the city attorney’s approval.

2. Deny the contract with Midway Amusements.

3. Provide different directions for staff.

FISCAL IMPACT:

For the fiscal year 2025/2026 this is part of the budget. In 2024 the city sold $29,670.00 in presale tickets and at the end of the event the city paid Midway $7,486, which was part of the contract. Which came out to $22,184.00 that the city made off the carnival.

ATTACHMENTS:

1. Resolution

2. Contract

1 RESOLUTION 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

TO APPROVE A CONTRACT WITH MIDWAY AMUSEMENTS FOR THE
2025 and 2026 SWEET POTATO FESTIVAL.

WHEREAS, the city has used Harry Mason with Midway Amusements for the Sweet Potato Festival for the past two years. Harry came highly recommended to us from the Los Banos Fair in 2023; and
WHEREAS, Harry is semi local out of Fair Oaks and has put us on their yearly route. In 2023 and 2024 Midway Amusements operated at the Sweet Potato Festival and it proved to be a good partnership; and
WHEREAS, our past partnership was a two-year contract for carnival services, and I am recommending again a two-year contract to secure the dates for 2025 and 2026; and WHEREAS, two recommendations were given, and connection was made with Harry Mason of Midway Amusements; Harry had the last weekend of September available and is interested in putting us on their yearly route.

WHEREAS, the terms of the contract are the same as the contract that we held with Harry Mason in 2023 and 2024; and
WHEREAS, Contractor agrees to compensate the City as Follows: 20% of all advance / pre-sale unlimited admission tickets sold. 20% of all onsite admission tickets sold. In 2024 the city sold $29,670.00 in presales and at the end of the event paid Midway $7,486.00. Which came out to $22,184.00 that the city made off the carnival NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston authorizes City Manager to approve the contract between Midway Amusements and the City of Livingston for a two-year term for 2025 and 2026.

I hereby certify that the foregoing Resolution No. 2025-___is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 6th day of May 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
of City of Livingston

2 ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney

CARNIVAL CONTRACT
THIS AGREEMENT made and entered into this 7
th day of March, 2025 by and between BRASS RING
AMUSEMENTS INC., a California corporation, hereinafter called” MIDWAY” and SWEET POTATO FESTIVAL of Livingston, California, hereinafter called “SPONSOR”.

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

1. TERM. SPONSOR shall sponsor MIDWAY in an exhibition of those rides listed in item 4 below for a period of four days, from Thursday, September 25
th, 2025, through and including Sunday, September 28th
,
2025. The lot dates will be Monday, September 22
nd, 2025, through Monday, September 29th
, 2025. With
similar dates in 2026.

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

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

4. OPERATION. MIDWAY shall manage and operate approximately FIFTEEN AMUSEMENT RIDES, SIX GAME CONCESSIONS AND TWO FOOD CONCESSION at the above-named location. The exhibition shall be in operation by 4 pm on Thursday, September 25th. Ticket sales and the cost therewith shall be the responsibility of MIDWAY. MIDWAY shall provide P.O.P. wristbands on TBD Day (sold until 9:00pm and honored until close). P.O.P. shall be $35 each onsite and Advance Sale Coupons may be exchanged for tickets or a wristband on P.O.P. days only. MIDWAY shall have exclusive control of the management and operation of all rides, games and food concessions owned by Brass Ring Amusements, Inc.

5. PAYMENT. MIDWAY shall pay the SPONSOR TWENTY PERCENT (20%) of the total gross ride receipt from the ticket sales. ADVANCE SALE RIDE COUPONS are to be sold by the SPONSOR prior to the opening date for $30.00 and SPONSOR shall retain TWENTY PERCENT (20%) This payment along with ticket report will be available to the SPONSOR one hour after the conclusion of the carnival exhibition. If the report and the monies are not picked up by the SPONSOR at that time, they will be mailed the following week. .J
~----.J

BRASS RING AMUSEMENTS
DW UN

Page Two

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

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

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

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

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

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

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

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

BRASS RING AMUSEMENTS INC. SWEET POTATO FESTIVAL
________________________________ ____________________________________ JENNIFER L. MASON

GENERAL AGENT

JOSE A RAMIREZ

CITY MANAGER
9700 FAIR OAKS BLVD, SUITE J 1416 C STREET
FAIR OAKS, CA 95628 LIVINGSTON, CA 95334

STAFF REPORT
AGENDA ITEM: Resolution Adopting Title VI Implementation Plan, designating the Public Works Director as the Title VI Coordinator, and authorizing the Public Works Director to execute all the necessary documents associated with the Plan
MEETING DATE: May 6, 2025
PREPARED BY: Arcelia Cruz, Human Resources Coordinator
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends City Council adopt the resolution approving the Title VI Implementation Plan, designating the Public Works Director as the Title VI Coordinator, and authorizing the Public Works Director to execute all the necessary documents associated with the Plan. Adopting the Title VI Implementation Plan addresses the city’s Strategic Goal of maintaining infrastructure, as complying with Title VI and other related non-discriminatory statutes will allow the City to remain eligible for Federal funds from the Federal Highway Administration (FHWA) necessary to maintain roadway infrastructure.

BACKGROUND:

Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d and related statutes, and the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21 was created, which prohibits discrimination based on race, color, or national origin. Similar statutes were later created which extend discrimination protections for sex, age, disability, religion, sexual orientation, gender identity, and other categories.

The City of Livingston is a recipient of federal funds from the Federal Highway Administration (FHWA) through the California Department of Transportation (Caltrans). Local agencies are required to comply with Title VI regulations. FHWA requires recipients of federal financial assistance to develop and maintain a Title VI Program to document compliance with nondiscrimination requirements and establish policies and procedures to ensure that no person or group of persons is subjected to discrimination in the City of Livingston programs or activities on the basis of race, color, national origin, sex, sexual orientation, age, or disability. To ensure compliance, Caltrans and FHWA have required that all local agencies receiving Federal funding create a Title VI Implementation Plan.

Analysis:

The FHWA has developed the following Title VI requirements for Local Agencies:

1. Designate a Title VI Coordinator who has a responsible position in the organization and easy access to the head of the Agency.

2. Develop Title VI information for dissemination to the public and, where appropriate, in languages other than English.

3. Incorporate Title VI assurances in all Federal-aid contracts, documents, and agreements.

4. Provide Title VI training for staff.

5. Develop procedures for collection of statistical data of participants in, and beneficiaries of federally-funded roadway projects.

6. Develop a written plan for enforcement which sets out its priorities and procedures (Implementation Plan).

7. Develop an Annual Accomplishments and Goals report.

8. Develop Complaint Procedures.

City staff will complete all of the above-listed requirements and will be able to achieve compliance with FHWA’s requirements. The proposed Title VI Implementation Plan (Attachment Exhibit A) provides in-depth information on how the city will meet or exceed all of the above requirements.

Additionally, all of the City’s Title VI resources can be found online at Title VI Implementation Plan | Livingston CA.

FISCAL IMPACT:

Fiscal Impact is unknown at this time.

Adoption of and compliance with the Title VI Implementation Plan will allow the City to remain eligible for Federal-aid funds on future roadway projects.

ATTACHMENTS:

1. Resolution

2. Title VI Implementation Plan and supporting plan documents to include:
a. Non-Discrimiation Policy Statement – English, Spanish and Punjabi Form b. Title VI Your Rights Notice – English, Spanish and Punjabi Form c. Title VI Complaint Form – English, Spanish and Punjabi Form

RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

ADOPTING TITLE VI IMPLEMENTATION PLAN, DESIGNATING THE PUBLIC

WORKS DIRECTOR AS THE TITLE VI COORDINATOR, AND AUTHORIZING

THE PUBLIC WORKS DIRECTOR TO EXECUTE ALL THE NECESSARY

DOCUMENTS ASSOCIATED WITH THE PLAN
WHEREAS, Title VI of the Civil Rights Act was created in 1964, prohibiting discrimination upon race, color, or national origin; and
WHEREAS, multiple similar statues were created at later dates extending discrimination protections for sex, age, disability, religion, sexual orientation, gender identity, and other protected categories; and
WHEREAS, local agencies are required to comply with Title VI and other related statues as a condition of receiving Federal-aid from the Federal Highway Administration (FHWA); and, WHEREAS, the City of Livingston will establish policies and procedures to ensure that no person or group of persons is subjected to discrimination in the City of Livingston programs or activities on the basis of race, color, national origin, sex, sexual orientation, age, or disability.

WHEREAS, the FHWA requires the City to adopt a Title VI Implementation Plan that provides guidance for compliance with Title VI and other related statues.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:

Section 1. The City Council of City of Livingston hereby adopts the “City of Livingston Title VI Implementation Plan” attached as Exhibit “A”. The Public Works Director is hereby designated as the Title VI Coordinator and is authorized to execute all Title VI documentation on behalf of the City subject to approval as to form by City Attorney.

Section 2. This Resolution shall take effect immediately.

Exhibit(s):

Exhibit A - City of Livingston Title VI Implementation Plan and supporting plan documents:
• Non-Discrimination Policy Statement (English, Spanish, Punjabi) • Title VI Your Rights Notice – (English, Spanish and Punjabi) • Title VI Complaint Form – (English, Spanish and Punjabi)

I hereby certify that the foregoing Resolution No. 2025-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 6th day of May, 2025, by the vote recorded as follows:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Jose Moran, Mayor
of the City of Livingston
ATTEST:
___________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
____________________________________
Roy C. Santos, City Attorney

Exhibit “A”

CITY OF LIVINGSTON

TITLE VI IMPLEMENTATION PLAN
Adopted TBD --

Table of Contents
Non-Discrimination Policy Statement....................................................................................1 Non-Discriminatory Legislation.............................................................................................. 2 Organization Structure ............................................................................................................. 3 Title VI Coordinator .......................................................................................................... 3 Assistant Title VI Coordinator…………………………………………………………………3 Title VI Liaison…………………………………………………………………………………4
Title VI Organizational Chart………………………………………………………………….4 Complaint Procedure................................................................................................................. 5 Complaints Processed Under the Federal Highway Administration ......................... 5 Caltrans OCR Investigation Process............................................................................. 6 Title VI Outreach and Resources ........................................................................................... 7 Limited English Proficiency ............................................................................................. 7 Title VI Information Dissemination ................................................................................. 7 Environmental Justice...................................................................................................... 8 Data Collection and Analysis.................................................................................................. 8 Contract Documents and Agreements ................................................................................. 8 Training......................................................................................................................................... 9 Annual Work Plan....................................................................................................................... 9 Appendix..................................................................................................................................... 10 A. Limited English Proficiency Plan ............................................................................. 10 B. Notice to Public.......................................................................................................... 13 C. Complaint Form ......................................................................................................... 17 D. US DOT Title VI Assurances A-E........................................................................... 24

Title VI Implementation Plan
City of Livingston
1 Non-Discrimination Policy Statement
The City of Livingston is committed to ensuring compliance with Title VI of the Civil Rights Act of 1964 and other non-discriminatory authorities, such that no person shall be excluded from participation in or be denied the benefits of any program or activity conducted by the City of Livingston on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law.

Further, no person shall be subjected to discrimination under any program or activity conducted by the City of Livingston, on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law.

Title VI compliance is a condition of receipt of federal funds. The Title VI Coordinator is authorized to ensure compliance with this policy, Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d and related statutes, and the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21.

Jose Antonio Ramirez Date
City Manager; City of Livingston
-----( )-----

Title VI Implementation Plan
City of Livingston
2 Non-Discriminatory Legislation
Title VI of the Civil Rights Act of 1964 – Provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination, under any program or activity receiving Federal financial assistance (as implemented through 23 CFR 200.9 and 49 CFR 21).

Section 162(a) of the Federal-Aid Highway Act of 1973 (Section 324, Title 23 U.S.C.) – Prohibits discrimination on the basis of sex by recipients and sub-recipients of Federal financial assistance.

Section 504 of the Rehabilitation Act of 1973 – Prohibits discrimination on the basis of disability by recipients and sub-recipients of Federal financial assistance.

The Age Discrimination Act of 1975 (Section 6101-6107, Title 42 U.S.C.) – Prohibits discrimination on the basis of age by recipients and sub-recipients or Federal financial assistance.

The Civil Rights Restoration Act of 1987 (Public Law 200-209) – Clarifies that the original intent of Congress in Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973 was to apply the non-discrimination statutes to all programs and activities of Federalaid recipients, sub-recipients, contractors and vendors, whether all such programs are federally assisted or not.

Executive Order 12898 (issued February 11, 1994) – Addresses Environmental Justice regarding minority and low-income populations and requires agencies to develop strategies to address disproportionately high and adverse human health or environmental effects of their programs on minority and low-income populations; promote nondiscrimination in federal programs substantially affecting human health and the environment; and provide minority and low-income communities access to public information and an opportunity for public participation in matters relating to human health or the environment.

Executive Order 13166 (issued August 16, 2000) – Addresses improved access to services for persons with limited English proficiency. Agencies are directed to evaluate services provided and implement a system that ensures that Limited English Proficiency (LEP) persons are able to meaningfully access the services provided consistent with, and without unduly burdening, the fundamental mission of the local agency. Agencies are directed to ensure that recipients of federal financial assistance provide meaningful access to program, services and information to their LEP applicants and beneficiaries free of charge.
-----( )-----

Title VI Implementation Plan
City of Livingston
3 Organization Structure
The City of Livingston’s Title VI program is a multi-tiered program in which multiple roles work toward the ultimate goal of assuring full compliance with the provisions of Title VI of the Civil Rights Act of 1964 and related statutes. The City has assigned the roles of Title VI Coordinator:

Title VI Coordinator
• Ensures that the City’s Title VI program up-to-date with all requirements set forth by the Federal Highway Administration (FHWA), California Department of Transportation (Caltrans), and any other applicable jurisdictions. • Maintains open line of communication with City Manager, City Council, and other City leadership positions as necessary to facilitate the Title VI Program requirements in a timely manner.
• Directs staff to coordinate and attend trainings, prepare required reports, create and distribute Title VI information for the public, and manage complaints per the Program’s direction.
• Prepares and coordinates Title VI Plan and Annual Report submission. • Develops Title VI information for dissemination to public. • Ensures that Title VI Assurances have been incorporated into all Federal-aid Contracts and Agreements.
• Develops procedures for collection and analysis of statistical data of participants in, and beneficiaries of federally funded roadway projects. • Analyzes data collected to determine effectiveness of outreach methods to avoid group exclusion and encourage group participation.
• Develops complaint procedures, complaint log, and ensures that all applicable staff are properly trained in the complaint reporting procedures.

Assistant Title VI Coordinator
• Assumes role and duties of the Title VI Coordinator when the coordinator is unavailable.
• Works directly with Title VI Coordinator to ensure programs compliance is met. • Ensuring that all applicable staff are present for Title VI training and are following Title VI procedures through work with the public, contractors, and consultants. -----( )-----

Title VI Implementation Plan
City of Livingston
4 • Develops and coordinates Title VI training for managers, supervisors and staff with frequent public contact, on a two-year minimum basis.

Title VI Liaison
• Works directly with contractors, public stakeholders and other relevant parties to ensure that Title VI protections are maintained.
• Attends trainings as to maintain knowledge of current Title VI requirements. • Reports complaints through complaint procedure listed as part of City’s Title VI Implementation Plan.
• Incorporates required Title VI language into Federal-aid contracts and agreements Title VI Organization Chart
Public Works Director
Anthony Chavarria
Title VI Coordinator
Human Resources
Coordinator
Arcelia Cruz
Assistant Title VI Coordinator
City Manager
Jose A. Ramirez
Title VI Liaison
-----( )-----

Title VI Implementation Plan
City of Livingston
5 Complaint Procedure
The City of Livingston is committed to ensuring compliance with Title VI of the Civil Rights Act of 1964 and other non-discriminatory authorities, such that no person shall be excluded from participation in or be denied the benefits of any program or activity conducted by the City of Livingston on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law.

Any person that believes they have been discriminated against on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law by the City of Livingston’s its contractors, consultants or any other party that acts on behalf of the City of Livingston may file a Title VI complaint by completing and submitting the City’s Title VI Complaint Form (Appendix C), which can be found displayed in the City Hall lobby, and online at Title VI Implementation Plan | Livingston CA.

The City’s Title VI Coordinator processes complaints received no more than 180 days after the alleged incident. The Title VI Coordinatorwill only process complaints that are complete, which include at a minimum, the following:
• Complainant’s contact information
• Date of alleged act of discrimination
• Details of the alleged discrimination
• The complainant’s signature
Once the Title VI complaint is received, the Title VI Coordinator will forward the complaint to Caltrans, to be submitted to the FHWA Division Office. The Title VI Coordinator will also begin processing the complaint by entering said complaint into the City’s Title VI Discrimination Complaint Log and conducting an internal investigation. Once a finding has been determined/received, the City’s Title VI Coordinator will provide said finding to the complainant within ten business days via letter and/or email.

Complaints Processed Under the Federal Highway Administration Title VI complaints filed with Caltrans in which Caltrans is named as the Respondent will be forwarded to the FHWA Division Office. The Complainant will receive an acknowledgement letter informing them that the complaint has been received and forwarded to the FHWA.

Per the FHWA Guidance Memorandum, Processing of Title VI Complaints, dated June 13, 2018, all Title VI complaints received by a sub-recipient (City of Livingston) are to be forwarded to Caltrans to be submitted to FHWA Division Office. Complaints should be sent within one business day of receipt via email to [email protected]. If Headquarters Office of Civil Rights (HCR) determines a Title VI complaint against a sub-recipient can -----( )-----

Title VI Implementation Plan
City of Livingston
6 be investigated by Caltrans, HCR may delegate the task of investigating the complaint to Caltrans.

Caltrans OCR Investigation Process
If OCR is delegated the responsibility of performing an investigation, OCR has 90 days to investigate the complaint. If additional time is needed, OCR will call the Complainant and inform them.

If more information is needed to resolve the case, the OCR investigator may contact the Complainant. The Complainant has ten business days from the date of the letter to send the requested information to the investigator assigned to the case.

If the investigator is not contacted by the Complainant or does not receive the additional information within ten business days, OCR can administratively close the case. A case can be administratively closed also if the complainant no longer wishes to pursue their case.

OCR with consult with HCR regarding the disposition of the complaint. Disposition of Title VI complaint will be undertaken by HCR, through either (1) informal resolution or (2) issuance of a Letter of Finding of compliance or noncompliance with Title VI. A copy of the Letter of Finding will be sent to all parties via the Division Office.

A person may also file a complaint directly with the FHWA and/or Caltrans by the following contact information:

Federal Highway Administration
U.S. Department of Transportation
Office of Civil Rights
1200 New Jersey Avenue, SE
8 th Floor E81-104
Washington, DC 20590
California Department of Transportation
Office of Civil Rights
Attention: Title VI Program Branch
1823 14th Street, MS 79
Sacramento, CA 95811
[email protected]
Should a complaint be filed with City of Livingston and one with a federal or state agency simultaneously, the federal/state complaint will supersede the City’s complaint and the City’s complaint procedures will be suspended pending the federal/state agency’s findings. -----( )-----

Title VI Implementation Plan
City of Livingston
7 36,935 59.7%
Title VI Outreach and Resources
Table 1: Languages Spoken in City of Livingston Residents Language Spoken
Group
Population
Group’s
Percentage
of
Population
Portion of
Group that
Speaks
English Very
Well
Portion of
Group That
Does Not
Speak English
Very Well
English Only 2,394 18.2% X X
Spanish 8,064 61.2% 5,107 (63.3%) 2,957
(36.7.1%)
Other Indo-European
Languages
2,547 19.3% 1,298 (51.0%) 1,249 (49.0%)
Asian and Pacific Island
Languages
172 1.3% 145 (84.3%) 27 (15.7%)
Other Languages 0 0.0% 0 0
Total Population Above 5 Years 13,177 X 8,944 (67.9%) 4,233 (32.1%) Source: US Census: American Community Survey 2018-2022 5-Year Estimate https://data.census.gov/table?g=1600000US0642006&tid=ACSST5Y2021.S1601&moe =true
Limited English Proficiency
A Limited English Proficiency (LEP) person is a person that does not speak English as a primary language and has a limited ability to read, write, or comprehend English. Per Executive Order 13166, agencies which receive Federal funding must examine their Federally-funded services and develop and implement processes that will allow LEP persons to meaningfully access said services. Executive Order 13166 also requires that agencies receiving Federal funding must establish guidance for providing meaningful access to LEPs, prepare a plan to overcome language barriers in Federally-funded programs and activities, and ensure that stakeholders have adequate opportunity to provide input.

As shown in Table 1 above, 32.1% of residents in the City of Livingston are considered LEP persons, with the majority of those LEP persons primarily speaking Spanish (61.2% of the community) and Other Indo-European Languages (19.3% of the community). As outlined in the City’s LEP Plan (Appendix A), the City has conducted an LEP Needs Assessment, using a Four Factor Analysis to identify need and provide access to the LEP community in compliance with Executive Order 13166.

Title VI Information Dissemination
In order to ensure that Title VI and related Civil Rights information is readily available to the public, the City will develop public notices consisting of posters, flyers, complaint forms and “I Speak” cards that are available in English, Spanish, and Punjabi. The languages selected for the informational materials were based upon language data provided from the US Census; see Table 1 above. Said flyers and posters will be placed in the City Hall lobby, in a highly visible and accessible location. The public notices will -----( )-----

Title VI Implementation Plan
City of Livingston
8 also be available for viewing on the City’s website, at Title VI Implementation Plan | Livingston CA
Environmental Justice
In accordance with Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations), City Staff will identify and address the environmental effects of programs, policies, and activities on minority and low-income populations for Federally-funded projects. Staff will consider demographic data during project design and involve the public in the planning and development process to assess the environmental impacts of projects on the community. The public’s input and demographic data analysis will enable staff to develop measures to mitigate any potential adverse effects on minority and low-income populations.

Data Collection and Analysis
Demographic and related data collected and used by City staff comes from governmental sources responsible for collecting and vetting the information for consistency and accuracy. These sources include, but are not limited to, the U.S. Bureau of Labor Statics, U.S. Census Bureau, U.S. Bureau of Economic Analysis, California Department of Finance, California Department of Labor, and the California Employment Development Department.

Additionally, staff may also collect project-specific demographic data utilizing data collection as appropriate through the public outreach process on Federally-funded projects. Such outreach that may give Staff the opportunity to collect demographic data may include door hangers, posters, emails, social media releases, press releases to local newspaper, public meetings, virtual meetings, and public comment through websites generated for projects.

Contract Documents and Agreements
The City’s Title VI Coordinator will ensure that any Federally-funded project documents contain the necessary Title VI Assurances and other language. Such assurances include, but may not be limited to:
• FHWA Form 1273 (Title VI and other non-discriminatory requirements) o Required on all FHWA contracts and subcontracts valued greater than $10,000
• Title VI Assurances Appendix A-E
o Appendix A-E to be attached to Federal-Aid contracts
Additionally, City staff will include the provisions indicated in the "Administering AgencyState Agreement for Federal-Aid Projects Master Agreement” in the Local Assistance Program Manual (LAPM) in contracts and agreements, where applicable, between the City and contractors.
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Title VI Implementation Plan
City of Livingston
9 The City will continue to utilize the "Local Agency Construction Contract Administration Checklist" (Exhibit 15-A of the LAPM), which confirms that DBE and labor/Equal Employment Opportunity (EEO) compliance requirements are performed and documented in the project files. Exhibit 15-A of the LAPM documents that the local agency will meet all the requirements prior to the award of a construction contract.

Lastly, the City will continue to utilize the "Resident Engineer’s Construction Contract Administration Checklist" (Exhibit 15-B of the LAPM) on federal-aid projects. The checklist assists in administering federal-aid highway construction projects and provides a record that the EEO/Wage Rate/False Statements posters are being posted at specific locations that employee interviews will be conducted in accordance with the Labor Compliance/EEO interview form, and that DBE requirements are met. City staff will continue to submit Exhibit 15-B, along with the Award Package shortly after award of the construction contract.

Training
The City of Livingston will provide Title VI and related statute training to all employees, managers, supervisors, and staff with frequent public contact in the administration of federal-aid programs. These trainings will occur at minimum every two years, and within six months of hiring a new employee. The trainings will be conducted by the Title VI Coordinator, online through presentations, or through trainings hosted by Caltrans.

Additionally, links to Caltrans, FHWA, and other applicable agency resources for Title VI and related statutes will be posted on the City’s website at www.cityoflivingston.org In particular, the following items will be covered in trainings:
• Review of the City of Livingston’s Title VI Implementation Plan and other relevant documents
• Language assistance services and “I Speak Cards” offered for public use • How to handle potential complaints
• Where to seek assistance for Title VI questions and concerns Annual Work Plan
The City of Livingston will annually establish and monitor program goals and accomplishments. The Title VI Coordinator will ensure that employee training is conducted, language translation services continue to be available, public participation is optimal, and appropriate Title VI signage is posted. This also includes updating community statistics and corresponding with state and federal agencies as necessary. -----( )-----

Title VI Implementation Plan
City of Livingston
10 Appendix A
Background

LIMITED ENGLISH PROFICIENCY PLAN
Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency” requires that Federal agencies work to ensure that the recipients of Federal financial assistance provide meaningful access to their Limited English Proficiency (LEP) applicants and beneficiaries.

As such, local agencies are required to ensure that Federally-funded programs and activities normally provided in English are accessible to LEP Persons. Each local agency shall perform an annual assessment to determine if modifications are needed to their programs and activities to ensure meaningful access by LEP persons. The assessment which is referred to as a “FourFactor” analysis is based on the following factors:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered.

2. The frequency of LEP contacts.

3. The nature and importance of the programs, services, or activities provided by the City of Livingston.

4. The resources available for LEP persons
The City of Livingston is approximately 100 miles south of Sacramento and has a population of approximately 13,177 (US Census: American Community Survey 2018-2022 5-Year Estimate).

Of the 14,344 residents, approximately 61.2% of the residents are Spanish speaking, and 19.3% of the residents are Other Indo-European Language speaking. Based on the large Sikh population in the City of Livingston it is safe to assume that the primary language of the Other Indo- European Languages listed in the Census is Punjabi.

Four-Factor Analysis

1. The number or proportion of LEP persons eligible to be served or likely to be encountered.

As shown in Table 1 below, the City of Livingston has approximately 13,177 residents. 4,233 (32.1%) of residents in the City of Livingston are considered LEP persons, with the majority of those LEP persons primarily speaking Spanish (8,064, 61.2% of the community) and Other IndoEuropean Languages (2,547, 19.3% of the community, assumed majority language is Punjabi due to large Sikh population). The remaining 172 (1.3%) of the population speak Asian and Pacific Island languages and no other languages reported spoken. -----( )-----

Title VI Implementation Plan
City of Livingston
11 36,935
Table 1: Languages Spoken in the City of Livingston’s Residents Language Spoken
Group
Population
Group’s
Percentage
of
Population
Portion of
Group that
Speaks
English Very
Well
Portion of
Group That
Does Not
Speak English
Very Well
English Only 2,394 18.2% X X
Spanish 8,064 61.2% 5,107 (63.3%) 2,957
(36.7.1%)
Other Indo-European
Languages
2,547 19.3% 1,298 (51.0%) 1,249 (49.0%)
Asian and Pacific Island
Languages
172 1.3% 145 (84.3%) 27 (15.7%)
Other Languages 0 0.0% 0 0
Total Population Above 5 Years 13,177 X 8,944 (67.9%) 4,233 (32.1%) Source: US Census: American Community Survey 2018-2025 5-Year Estimate https://data.census.gov/table?g=1600000US0642006&tid=ACSST5Y2021.S1601&moe =true

2. The frequency of LEP contacts.

No data has been collected regarding frequency of contact with LEP persons at the City. Most interactions with LEP persons occur at the City’s Finance Department due to residents paying utility bills. Based on observation from Finance Department front-counter staff, the frequency for translation from Spanish to English is on average once per day. The frequency for translation from Punjabi to English is on average once per week. Currently the City’s Human Resources Department retains a list which lists all City staff which are certified translators for various languages. If front counter staff that speak either Spanish or Punjabi are not available, City staff will reach out to a certified translator from the list.

Public Works staff does not regularly receive requests for translation through Federally funded programs/projects, though the outreach components of said programs/projects do typically have multi-lingual resources. Further, if translation services are needed, staff will provide said translation in a timely manner.

3. The nature and importance of programs, services, or activities provided by the City of Livingston.

From observation provided by Public Works staff, it is rare that translation services are requested for programs, services, or activities which are Federally-funded. As stated above, the front counter Staff with the City’s Finance Department are the ones who most frequently encounter LEP persons requesting and/or needing translation services.

Though Public Works Staff has received very few requests for translation services on Federallyfunded projects, programs and services, Staff is keenly aware that over sixty percent of the City’s residents are LEPs and therefore it is highly likely that LEPs will be stakeholder in any of the said projects, programs and services. As such, when Staff has encountered the need for translation services, Staff has provided the services readily.
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Title VI Implementation Plan
City of Livingston
12 4. The Resources Available for LEP persons.

After a review of the City’s currently available resources for LEP persons, the City has determined that the current available resources are lacking and inconsistent. The City will remedy the lack of resources, through the action plan listed in the next section.

Action Plan
In order to ensure compliance with Title VI, and Executive Order 13166 the following publications and services will be made available for LEP person use:
• Non-Discrimination Policy Statement
o Statement shall be printed in English, Spanish and Punjabi. Said statement will be posted in the City Hall lobby in a highly visible location. • Title VI Rights Poster
o Posters shall be printed in English, Spanish and Punjabi. Said posters will be posted in the City Hall lobby in a highly visible location, and additional copies will be available for the public to review and take.
• Title VI Complaint Form
o Complaint forms shall be printed in English, Spanish and Punjabi. Said forms will be in the City Hall lobby in a highly visible location. • I Speak Cards
o I Speak Cards will be produced to easily identify translation services needed for English, Spanish, and Punjabi. Said cards will be placed at all public counters and with the other Title VI information.
• Title VI Webpage on City’s Website
o All of the City’s Title VI resources will be posted on the City’s website at the following link: Title VI Implementation Plan | Livingston CA. • Future Planning and Projects
o Public Works will ensure that all future projects and planning documents that are federally-funded utilize outreach methods that are compliant with Title VI and other related non-discriminatory assurances.
o Additionally, the City will ensure that outreach materials are available in English, Spanish, and Punjabi, and that translators are readily available as necessary for any LEP Persons that would like to contribute or participate.

Lastly, the Title VI Coordinator will maintain an updated list of certified translators and distribute said list to those who are likely to encounter LEP persons, such that a translator can be contacted the moment one is needed.

To ensure continuous compliance, the City will review the Title VI Implementation Plan and Limited English Proficiency Plan regularly, but at a minimum, as new data from the US Census becomes available. As new regulations are created, the City will act promptly to update the existing plans and relevant resources.
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Title VI Implementation Plan
City of Livingston
13 Appendix B

YOUR RIGHTS AGAINST DISCRIMINATION

UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF
1964 AND RELATED NON-DISCRIMINATORY

AUTHORITIES
Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

The following additional authorities provide protection against discrimination on the basis of sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law:

Section 162(a) of the Federal-Aid Highway Act of 1973 (Section 324, Title 23 U.S.C.) Section 504 of the Rehabilitation Act of 1973
The Age Discrimination Act of 1975 (Section 6101-6107, Title 42 U.S.C.) The Civil Rights Restoration Act of 1987 (Public Law 200-209) Executive Order 12898 (issued February 11, 1994)
Executive Order 13166 (issued August 16, 2000)
Any person who believes that they have been discriminated against may file a written complaint with the City of Livingston, within 180 days of the alleged discrimination.

Additional information and Title VI Complaint Forms can be obtained on the City of Livingston’s website, at the following location: www.cityoflivingston.org Title VI Complaint Forms can also be obtained from the Public Works Department at City Hall.

To file a Title VI discrimination complaint, please use the following contact information:

City of Livingston
1416 C. Street
Livingston, CA 95334
(209) 394-8041
[email protected] or [email protected]
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Title VI Implementation Plan
City of Livingston
14 SUS DERECHOS CONTRA LA DISCRIMINACIÓN SEGÚN EL
TÍTULO VI DE LA LEY DE DERECHOS CIVILES DE 1964 Y

LAS AUTORIDADES NO DISCRIMINATORIAS

RELACIONADAS
El Título VI de la Ley de Derechos Civiles de 1964 establece que ninguna persona en los Estados Unidos podrá ser excluida de la participación en ningún programa o actividad que reciba ayuda financiera federal, ni se le negarán los beneficios de la misma, ni será objeto de discriminación, por motivos de raza, color u origen nacional.

Las siguientes autoridades adicionales ofrecen protección contra la discriminación por razón de sexo, edad, discapacidad, religión, orientación sexual, identidad de género o cualquier otra categoría protegida por la legislación estatal o federal:

Sección 162(a) de la Ley Federal de Carreteras de 1973 (Sección 324, Título 23 U.S.C.) Sección 504 de la Ley de Rehabilitación de 1973
La Ley de Discriminación por Edad de 1975 (Sección 6101-6107, Título 42 U.S.C.) La Ley de Restauración de los Derechos Civiles de 1987 (Ley Pública 200-209) Orden Ejecutiva 12898 (emitida el 11 de febrero de 1994)
Orden Ejecutiva 13166 (emitida el 16 de agosto de 2000) Cualquier persona que crea que ha sido discriminada puede presentar una queja por escrito al Departamento de Obras Públicas de la Ciudad de Livingston, dentro de los 180 días de la presunta discriminación. Se puede obtener información adicional y formularios de queja del Título VI en el sitio web de la ciudad de Livingston, en la siguiente ubicación:
www.cityoflivingston.org Los formularios de queja del Título VI también se pueden obtener en el Departamento de Obras Públicas en el Ayuntamiento.

Para presentar una queja por discriminación en virtud del Título VI, utilice la siguiente información de contacto:

Cuidad de Livingston
1416 C. Street
Livingston, CA 95334
(209) 394-8041
[email protected] o [email protected]
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Title VI Implementation Plan
City of Livingston
15 ਭੇਦਭਾਵ ਦੇਖਿਲਾਫ ਤੁਹਾਡੇਅਖਿਕਾਰ
ਖਿਵਲ ਰਾਈਟਿ ਐਕਟ ਦੇਖਿਰਲੇਿ VI ਦੇਤਖਹਤ
1964 ਅਤੇਿੰ ਬੰ ਖਿਤ ਗੈਰ-ਭੇਦਭਾਵ
ਅਖਿਕਾਰੀ
1964 ਦੇਸਿਵਲ ਰਾਈਟਿ ਐਕਟ ਦਾ ਸਿਰਲੇਖ VI ਪ੍ਰਦਾਨ ਕਰਦਾ ਹੈਸਕ ਿੰ ਯੁਕਤ ਰਾਜ ਸਵਿੱ ਚ ਕੋਈ ਵੀ ਸਵਅਕਤੀ ਨ ੰ ਨਿਲ, ਰੰ ਗ, ਜਾਂ ਰਾਸ਼ਟਰੀ ਮ ਲ ਦੇਆਧਾਰ 'ਤੇਸਵਿੱ ਚ ਭਾਗੀਦਾਰੀ ਤੋਂਬਾਹਰ ਨਹੀਂ ਰਿੱ ਸਖਆ ਜਾਵੇਜਾਂ ਲਾਭਾਂ ਤੋਂਇਨਕਾਰ ਨਹੀਂ ਕੀਤਾ ਜਾਵੇਗਾ, ਜਾਂ ਇਿਦੇਅਧੀਨ ਸਵਤਕਰੇਦਾ ਸਸ਼ਕਾਰ ਨਹੀਂ ਹੋਵੇਗਾ
ਸਨਮਨਸਲਖਤ ਅਸਤਸਰਕਤ ਅਸਧਕਾਰੀ ਿੰ ਘੀ ਸਵਿੱ ਤੀ ਸਲੰ ਗ, ਉਮਰ, ਅਪ੍ਾਹਜਤਾ, ਧਰਮ, ਸਜਨਿੀ ਝੁਕਾਅ, ਸਲੰ ਗ ਪ੍ਛਾਣ, ਜਾਂ ਰਾਜ ਜਾਂ ਿੰ ਘੀ ਕਾਨ ੰ ਨ ਦੁਆਰਾ ਿੁਰਿੱ ਸਖਅਤ ਹੋਰ ਸ਼ਰੇਣੀ :ਕੋਈ ਵੀ ਆਧਾਰ ਿਹਾਇਤਾ ਪ੍ਰਾਪ੍ਤ ਕਰਨ ਵਾਲਾ ਕੋਈ ਵੀ ਪ੍ਰੋਗਰਾਮ ਜਾਂ ਗਤੀਸਵਧੀ ਸਵਤਕਰੇਸਵਰੁਿੱ ਧ ਿੁਰਿੱ ਸਖਆ ਪ੍ਰਦਾਨ ਕਰਦੇਹਨ
1973 ਦੇਫੈਡਰਲ-ਏਡ ਹਾਈਵੇਐਕਟ ਦੀ ਿਾਰਾ 162(a) (ਿੈਕਸ਼ਨ 324, ਖਿਰਲੇਿ 23) (U.S.C.) 1973 ਦੇਪੁਨਰਵਾਿ ਐਕਟ ਦੀ ਿਾਰਾ 504
1975 ਦਾ ਉਮਰ ਖਵਤਕਰਾ ਐਕਟ (ਿੈਕਸ਼ਨ 6101-6107, ਖਿਰਲੇਿ)
42 U.S.C.) 1987 ਦਾ ਖਿਵਲ ਰਾਈਟਿ ਰੀਿਟੋਰੇਸ਼ਨ ਐਕਟ (ਜਨਤਕ ਕਾਨ ੰ ਨ 200-209) ਕਾਰਜਕਾਰੀ ਆਦੇਸ਼ 12898 (11 ਫਰਵਰੀ 1994 ਨ ੰ ਜਾਰੀ)
ਕਾਰਜਕਾਰੀ ਆਦੇਸ਼ 13166 (16 ਅਗਿਤ 2000 ਨ ੰ ਜਾਰੀ)
ਕੋਈ ਵੀ ਸਵਅਕਤੀ ਜੋਇਹ ਮੰ ਨਦਾ ਹੈਸਕ ਉਹਨਾਂ ਨਾਲ ਸਵਤਕਰਾ ਕੀਤਾ ਸਗਆ ਹੈ, ਉਹ ਕਸਿਤ ਸਵਤਕਰਾ ਬਾਰੇ180 ਸਦਨਾਂ ਦੇ ਅੰ ਦਰ ਸਲਸਵੰ ਗਿਟਨ ਸਿਟੀ ਕੋਲ ਸਲਖਤੀ ਸਸ਼ਕਾਇਤ ਕਰ ਿਕਦਾ ਹੈl
ਵਾਧ ਜਾਣਕਾਰੀ ਅਤੇਟਾਈਟਲ VI ਸਸ਼ਕਾਇਤ ਫਾਰਮ ਸਿਟੀ ਆਫ ਸਲਸਵੰ ਗਿਟਨ ਦੀ ਹੇਠ ਸਦਤੀ ਵੈੈੱਬਿਾਈਟ 'ਤੇਹੋਿਕਦੇਹਨ ਤੇ ਪ੍ਰਾਪ੍ਤ ਕੀਤੇਜਾ ਿਕਦੇਹਨ: www.cityoflivingston.org
ਸਿਰਲੇਖ VI ਸ਼ਿਕਾਇਤ ਫਾਰਮ ਸਿਟੀ ਹਾਲ ਸਿਖੇਲੋਕ ਸਿਰਮਾਣ ਸਿਭਾਗ ਤੋਂਿੀ ਪ੍ਰਾਪ੍ਤ ਕੀਤੇਜਾ ਿਕਦੇਹਿ। -----( )-----

Title VI Implementation Plan
City of Livingston
16 ਸਿਰਲੇਖ VI ਭੇਦਭਾਵ ਦੀ ਸਸ਼ਕਾਇਤ ਦਰਜ ਕਰਨ ਲਈ, ਸਕਰਪ੍ਾ ਕਰਕੇਹੇਠਾਂ ਸਦਿੱ ਤੀ ਿੰ ਪ੍ਰਕ ਜਾਣਕਾਰੀ ਦੀ ਵਰਤੋਂਕਰੋ:
ਸਿਟੀ ਆਫ ਸਲਸਵੰ ਗਿਟਨ
1416 ਿੀ. ਿਟਰੀਟ
ਸਲਸਵੰ ਗਿਟਨ, ਿੀ ਏ
95334
(209) 394-8041
[email protected] ਜਾਂ [email protected]
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Title VI Implementation Plan
City of Livingston
17 Race Sex Religion
Color Age Sexual Orientation
National Origin Disability Gender Identity
Other (Please Describe):

Appendix C

TITLE VI COMPLAINT FORM
Title VI of the 1964 Civil Rights Act requires that “No person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” If you wish to submit a Title VI complaint to the City of Livingston, please complete the below information and submit this form to:

City of Livingston
1416 C. Street
Livingston, CA 95334
(209) 394-8041
[email protected] or [email protected]
Name:

Address:

City: State: Zip Code:

Cell: Home:

Name, title, and description of person(s) who allegedly discriminated against you:

Check the box(es) for the type(s) of discrimination that was experienced:

Date(s) that alleged event(s) took place:

Location(s) where the alleged event(s) took place:
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Title VI Implementation Plan
City of Livingston
18 Is the alleged discrimination still ongoing?:

In your own words, please describe the alleged discrimination, explain what happened, and who you believe is responsible:

Please list any person(s) we may contact for additional information to provide further information for your complaint:

Have you filed this complaint with any other federal agency, state agency, federal court, or state court?:

If yes, please check all that apply:

Federal Agency Federal Court
State Agency State Court
Please provide the name, phone number, and email of the contact persons at the agency/court where the complaint was filed, below:

Please sign and date this form on the lines provided below. If any additional space is needed to provide information about this complaint, please attach the additional information to this form.

Signature: Date:

B B
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Title VI Implementation Plan
City of Livingston
19 Raza Sexo Religión
Color Edad Orientación Sexual
Origen Nacional Discapacidad Identidad de Género
Otros (Por Favor, Descríbalos):

FORMULARIO DE RECLAMACIÓN DEL TÍTULO VI
El Título VI de la Ley de Derechos Civiles de 1964 requiere que "Ninguna persona en los Estados Unidos, por motivos de raza, color o origen nacional, sea excluida de la participación, se le nieguen los beneficios o sea sometida a discriminación en cualquier programa o actividad que reciba asistencia financiera federal." Si desea presentar una queja del Título VI al Departamento de Obras Públicas de la Ciudad de Livingston, por favor complete la siguiente información y envíe este formulario a:

City of Livingston
1416 C Street
Livingston, CA 95334
(209) 394-8041
[email protected] o [email protected]
Nombre, cargo y descripción de la(s) persona(s) que presuntamente le ha(n) discriminado:

Marque la(s) casilla(s) correspondiente(s) al tipo de discriminación sufrida:

Fecha(s) en que se produjeron los presuntos hechos:

Lugar(es) donde se produjeron los presuntos hechos:
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Title VI Implementation Plan
City of Livingston
20 ¿Sigue la presunta discriminación?
Con sus propias palabras, describa la presunta discriminación, explique lo sucedido y quién cree que es el responsable:

Indique las personas con las que podemos ponernos en contacto para obtener información adicional para su reclamación:
¿Ha presentado esta queja ante alguna otra agencia federal, agencia estatal, tribunal federal o tribunal estatal?
En caso afirmativo, marque todo lo que corresponda:

Agencia Federal Tribunal Federal
Agencia Estatal Tribunal Estatal
Por favor indique el nombre, el número de teléfono y el correo electrónico de las personas de contacto en la agencia/tribunal donde se presentó la reclamación:

Por favor firme y feche este formulario en las líneas indicadas a continuación. Si necesita espacio adicional para proporcionar información sobre esta reclamación, adjunte la información adicional a este formulario.

Firma: __________________________________________ Fecha: _______________ B B
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Title VI Implementation Plan
City of Livingston
21 ਭੇਦਭਾਵ ਦੀ ਸਕਿਮ(ਆਂ) ਲਈ ਬਕਿੇ(ਆਂ) ਨ ੰ ਚੁਣੋਜੋਅਨੁਭਵ ਕੀਤਾ ਸਗਆ ਿੀ:
ਨਿਲ
ਰੰ ਗ ਰਾਸ਼ਟਰੀ ਮ ਲ ਹੋਰ (ਸਕਰਪ੍ਾ
ਕਰਕੇਵਰਣਨ ਕਰੋ):
ਸਲੰ ਗ
ਉਮਰ
ਸਿਰਲੇਖ VI ਸਸ਼ਕਾਇਤ ਫਾਰਮ
1964 ਦੇਸਿਵਲ ਰਾਈਟਿ ਐਕਟ ਦੇਸਿਰਲੇਖ VI ਸਵਿੱ ਚ ਇਹ ਲੋੜ ਹੈਸਕ "ਿੰ ਯੁਕਤ ਰਾਜ ਸਵਿੱ ਚ ਸਕਿੇਵੀ ਸਵਅਕਤੀ ਨ ੰ ਨਿਲ, ਰੰ ਗ, ਜਾਂ ਰਾਸ਼ਟਰੀ ਮ ਲ ਦੇਆਧਾਰ 'ਤੇ, ਿੰ ਘੀ ਸਵਿੱ ਤੀ ਿਹਾਇਤਾ ਪ੍ਰਾਪ੍ਤ ਕਰਨ ਵਾਲੇਸਕਿੇਵੀ ਪ੍ਰੋਗਰਾਮ ਜਾਂ ਗਤੀਸਵਧੀ ਦੇਅਧੀਨ ਭਾਗੀਦਾਰੀ ਤੋਂਬਾਹਰ ਨਹੀਂ ਰਿੱ ਸਖਆ ਜਾਵੇਗਾ, ਲਾਭਾਂ ਤੋਂਇਨਕਾਰ ਜਾਂ ਕੋਈ ਸਵਤਕਰਾ ਨਹੀਂ ਕੀਤਾ ਜਾਵੇਗਾ," ਜੇਕਰ ਤੁਿੀਂ ਸਿਟੀ ਆਫ ਸਲਸਵੰ ਗਿਟਨ ਨ ੰ ਸਿਰਲੇਖ VI ਦੀ ਸਸ਼ਕਾਇਤ ਦਰਜ ਕਰਵਾਉਣਾ ਚਾਹੁੰ ਦੇਹੋ, ਤਾਂ ਸਕਰਪ੍ਾ ਕਰਕੇਹੇਠਾਂ ਸਦਿੱ ਤੀ ਜਾਣਕਾਰੀ ਨ ੰ ਪ੍ ਰਾ ਕਰੋਅਤੇਇਿ ਫਾਰਮ ਨ ੰ ਇਿੱ ਿੇਜਮਹਾ ਕਰੋ:
ਸਿਟੀ ਆਫ ਸਲਸਵੰ ਗਿਟਨ
1416 ਿੀ ਿਟਰੀਟ
ਸਲਸਵੰ ਗਿਟਨ, ਿੀ ਏ 95334
(209) 394-8041
[email protected] ਜਾਂ [email protected]
ਨਾਮ:__________________________________________________________________ ਪ੍ਤਾ:__________________________________________________________________ ਸ਼ਸਹਰ: _________________________ਰਾਜ:__________________ਸ਼ਿਪ੍ ਕੋਡ_______________ ਿੈੈੱਲ ਨੰ ਬਰ: ______________________ ਘਰ ਦਾ ਫੋਨ ਨੰ ਬਰ:_____________________________ ਤੁਹਾਡੇਨਾਲ ਕਸਿਤ ਤੌਰ 'ਤੇਸਵਤਕਰਾ ਕਰਨ ਵਾਲੇਸਵਅਕਤੀ(ਵਾਂ) ਦਾ ਨਾਮ, ਸਿਰਲੇਖ ਅਤੇਵੇਰਵਾ:
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Title VI Implementation Plan
City of Livingston
22 ਸਮਤੀ(ਵਾਂ) ਜੋਕਸਿਤ ਘਟਨਾ(ਵਾਂ) ਵਾਪ੍ਰੀਆਂਿਨ
ਸਟਕਾਣਾ(ਿਿਾਨਾਂ) ਸਜਿੱ ਿੇਕਸਿਤ ਘਟਨਾ(ਵਾਂ) ਹੋਈ ਿੀ: ____________________________________________ ਕੀ ਕਸਿਤ ਸਵਤਕਰਾ ਅਜੇਵੀ ਜਾਰੀ ਹੈ?: ____________________________________________________ ਆਪ੍ਣੇਸ਼ਬਦਾਂ ਸਵਿੱ ਚ, ਸਕਰਪ੍ਾ ਕਰਕੇਕਸਿਤ ਸਵਤਕਰੇਦਾ ਵਰਣਨ ਕਰੋ, ਦਿੱ ਿੋਸਕ ਕੀ ਹੋਇਆ, ਅਤੇਤੁਿੀਂ ਸਕਿਨ ੰ ਸ਼ਿੰ ਮੇਵਾਰ ਮੰ ਨਦੇ ਹੋ:

ਸਕਰਪ੍ਾ ਕਰਕੇਸਕਿੇਵੀ ਸਵਅਕਤੀ(ਸਵਅਕਤੀਆ) ਨ ੰ ਿ ਚੀਬਿੱ ਧ ਕਰੋਸਜਿ ਨਾਲ ਅਿੀਂ ਤੁਹਾਡੀ ਸਸ਼ਕਾਇਤ ਲਈ ਹੋਰ ਜਾਣਕਾਰੀ ਪ੍ਰਦਾਨ ਕਰਨ ਲਈ ਵਾਧ ਜਾਣਕਾਰੀ ਲਈ ਿੰ ਪ੍ਰਕ ਕਰ ਿਕਦੇਹਾਂ:
ਕੀ ਤੁਿੀਂ ਇਹ ਸਸ਼ਕਾਇਤ ਸਕਿੇਹੋਰ ਿੰ ਘੀ ਏਜੰ ਿੀ, ਰਾਜ ਏਜੰ ਿੀ, ਿੰ ਘੀ ਅਦਾਲਤ, ਜਾਂ ਰਾਜ ਅਦਾਲਤ ਸਵਿੱ ਚ ਦਰਜ ਕਰਵਾਈ ਹੈ?:
ਜੇਕਰ ਹਾਂ, ਤਾਂ ਸਕਰਪ੍ਾ ਕਰਕੇਲਾਗ ਹੋਣ ਵਾਲੇਿਾਰੇਚੈੈੱਕ ਕਰੋ
● ਫੈਡਰਲ ਏਜੰ ਿੀ ਫੈਡਰਲ ਕੋਰਟ
● ਿਟੇਟ ਏਜੰ ਿੀ ਿਟੇਟ ਕੋਰਟ
ਸਲੰ ਗ ਅਪ੍ੰ ਗਤਾ ਸਜਨਿੀ ਰੁਝਾਨ

ਉਮਰ ਧਰਮ ਸਲੰ ਗ ਪ੍ਛਾਣ

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Title VI Implementation Plan
City of Livingston
23 ਸਕਰਪ੍ਾ ਕਰਕੇਹੇਠਾਾਂ ਉਿ ਏਜੰਿੀ/ਅਦਾਲਤ ਦੇਿੰਪ੍ਰਕ ਸਿਅਕਤੀਆਾਂ ਦਾ ਿਾਮ, ਫੋਿ ਿੰਬਰ ਅਤੇਈਮੇਲ ਪ੍ਰਦਾਿ ਕਰੋਸਜਿੱਥੇਸ਼ਿਕਾਇਤ ਦਰਜ ਕੀਤੀ ਗਈ ਿੀ।
ਸਕਰਪ੍ਾ ਕਰਕੇਹੇਠਾਾਂ ਸਦਿੱਤੀਆਾਂ ਲਾਈਿਾਾਂ 'ਤੇਇਿ ਫਾਰਮ 'ਤੇਦਿਤਖਤ ਕਰੋਅਤੇਤਾਰੀਖ ਸਦਓ। ਜੇਕਰ ਇਿ ਸ਼ਿਕਾਇਤ ਬਾਰੇਜਾਣਕਾਰੀ ਪ੍ਰਦਾਿ ਕਰਿ ਲਈ ਸਕਿੇਿਾਧੂਜਗਹਾ ਦੀ ਲੋੜ ਹੈ, ਤਾਾਂ ਸਕਰਪ੍ਾ ਕਰਕੇਇਿ ਫਾਰਮ ਿਾਲ ਿਾਧੂਜਾਣਕਾਰੀ ਿਿੱਥੀ ਕਰੋ। ਦਿਤਖਤ____________________________________________ ਸਮਤੀ:______________ -----( )-----

Title VI Implementation Plan
City of Livingston
24 Appendix D
US DOT Title VI Assurances A-E

APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:

1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S.

Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, age, sex, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

3. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, age, sex, or disability.

4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:

1. withholding payments to the contractor under the contract until the contractor complies; and/or

2. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.
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Title VI Implementation Plan
City of Livingston
25 APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the California Department of Transportation will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the California Department of Transportation all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the California Department of Transportation and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the California Department of Transportation, its successors and assigns.

The California Department of Transportation, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the California Department of Transportation will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) -----( )-----

Title VI Implementation Plan
City of Livingston
26 APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY,

FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the California Department of Transportation pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the California Department of Transportation will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the California Department of Transportation will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the California Department of Transportation and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
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Title VI Implementation Plan
City of Livingston
27 APPENDIX D
CLAUSES FOR CONSTRUCTION/USE.ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the California Department of Transportation pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the California Department of Transportation will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Nondiscrimination covenants, the California Department of Transportation will there upon revert to and vest in and become the absolute property of the California Department of Transportation and its assigns. (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
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Title VI Implementation Plan
City of Livingston
28 APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to: Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). -----( )-----

Non-Discrimination Policy Statement
The City of Livingston is committed to ensuring compliance with Title VI of the Civil Rights Act of 1964 and other non-discriminatory authorities, such that no person shall be excluded from participation in or be denied the benefits of any program or activity conducted by the City of Livingston on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law.

Further, no person shall be subjected to discrimination under any program or activity conducted by the City of Livingston, on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law.

Title VI compliance is a condition of receipt of federal funds. The Title VI Coordinator is authorized to ensure compliance with this policy, Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d and related statutes, and the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21 .

Jose Antonio Ramirez
City Manager; City of Livingston
Date

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Declaraci6n de Politica de no Discriminaci6n
El Departamento de Obras Publicas de la Ciudad de Livingston City se compromete a garantizar el cumplimiento del Titulo VI de la Ley de Derechos Civiles de 1964 y otras autoridades • no discriminatorias, de manera que ninguna persona sera excluida de la participaci6n o se le negaran las beneficios de cualquier programa o actividad llevada a cabo por el Departamento de Obras Publicas de la Ciudad de Livingston City por motives de raza, color, origen nacional, sexo, edad, discapacidad, religi6n, orientaci6n sexual, identidad de genera o cualquier otra categoria protegida par la ley estatal o federal.

Ademas, ninguna persona sera objeto de discriminaci6n bajo cualquier programa o actividad llevada a cabo para el Departamento de Obras Publicas de la Ciudad de Livingston, per motives de raza, color, origen nacional, sexo, edad, discapacidad, religi6n, orientaci6n sexual, identidad de genera, o cualquier otra categoria protegida par la ley estatal o federal.

El cumplimiento del Titulo VI es una condici6n para recibir fondos federales. El Coordinador del Titulo VI esta autorizado a garantizar el cumplimiento de esta politica, del Titulo VI de la Ley de Derechos Civiles de 1964, 42 U.S.C § 2000d y de los estatutos relacionados, y de los requisitos del 23 C6digo de Regulaci6n Federal (CFR) pt. 200 y 49 CFR pt. 21.

Jose .. Antonio Ramirez
Administrador De La Alcaldia
Fecha

STAFF REPORT
AGENDA ITEM: Resolution of the City Council of the City of Livingston Ratifying Emergency Equipment Procurement and Emergency Repairs to Well 16; 1) Approve the Emergency Procurement of a New Variable Frequency Drive (VFD) and Emergency Service Call from Valley 29 Electric, LLC in the Amount of $22,923.84; 2) Authorize the Finance Department to Make a Supplemental Appropriation to the Water Enterprise Fund in the Amount of $22,923.84; 3) Authorize the City Manager to Execute All Required Documents
MEETING DATE: May 6, 2025
PREPARED BY: Anthony Chavarria, Public Works Director
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution of the City Council of the City of Livingston ratifying emergency equipment procurement and emergency repairs to Well 16; 1) approve the emergency procurement of a new Variable Frequency Drive (VFD) and emergency service call from Valley 29 Electric, LLC in the amount of $22,923.84; 2) authorize the Finance Department to make a supplemental appropriation to the Water Enterprise fund in the amount of $22,923.84; 3) authorize the City Manager to execute all required documents.

BACKGROUND:

On April 13, 2025, staff reported issues with Well 16 failing to start. Staff was immediately directed to call an Electrician to confirm the state of the motor. Staff also called Tel Star Inc., and Tesco, both companies are automation control companies, in which we have agreements in place with both companies. Valley 29 Electric, LLC was the only company that could immediately assist city staff.

Valley 29 Electric, LLC confirmed the motor was good and found that the Variable Frequency Drive (VFD) Capacitor had failed. Well 17 was also experiencing VFD overheating at the same time and Valley 29 Electric, LLC found that panel fans that displace heat had failed and needed replacement.

Staff requested quotes for and availability of a replacement VFD from Shannon Pump, Foster Pumps, Valley 29 Electric, LLC and Tel Star Inc. Valley 29 Electric, LLC was the only company that was able to procure a VFD immediately and could have it installed on the same day.

Staff authorized Valley 29 Electric, LLC to secure and install the new VFD for Well 16 at a cost of $22,923.84. Other companies reported lead times of 2 to 4 weeks for delivery of the VFDs not including the 1 to 2 days to install the equipment.

DISCUSSION:

The Livingston Municipal Code requires formal bidding procedures for all purchases over $10,000 unless the formal bidding process is undesirable, impossible, unavailing or incongruous as determined by the City Manager. Section 1-11-6 waiver of formal bid procedures of the Municipal Code states that

formal bid procedure of items over $10,000 can only be waived if the purchase is (A) Of urgent necessity for the preservation of life, health or property, (B) Waived by Council resolution passed by at least four affirmative votes; and/or (C) Available from only one source. Sole source must be adequately justified.

Staff deemed this an emergency procurement scenario and of urgent necessity for the preservation of life, health or property due to the high demand of water, and VFD fan issues with Well 17 at the time, it was critical to procure and install the new VFD to maintain consistent water pressure to meet demand.

The City of Livingston owns and operates a one-million-gallon water storage tank. The water storage tank will only last about 12 hours if two out of the three water booster pumps are activated.

FISCAL IMPACT:

Staff is requesting a supplemental appropriation to the Water Enterprise Fund (2100-810-4392) in the amount of $22,923.84, for budget FY2024-2025.

ATTACHMENTS:

1. Resolution No. 2025-__

2. Exhibit A Valley 29 Electric, LLC Customer Invoice

01424.0001 2002019.1 Page 1 of 2
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON RATIFYING EMERGENCY EQUIPMENT PROCUREMENT AND EMERGENCY REPAIRS TO WELL 16; 1)

APPROVE THE EMERGENCY PROCUREMENT OF A NEW VARIABLE FREQUENCY DRIVE (VFD) AND EMERGENCY SERVICE CALL FROM VALLEY 29 ELECTRIC, LLC IN THE AMOUNT OF $22,923.84; 2) AUTHORIZE THE FINANCE DEPARTMENT TO

SUPPLEMENTAL APPROPRIATIONS TO THE WATER ENTERPRISE FUND IN THE AMOUNT OF $22,923.84; 3) AUTHORIZE THE CITY MANAGER TO EXECUTE ALL

REQUIRED DOCUMENTS
WHEREAS, on April 13, 2025, staff reported issues with Well 16 failing to start and staff was immediately directed to call an Electrician to confirm the state of the motor; and WHEREAS, staff also called Tel Star Inc., and Tesco, both companies are automation control companies, in which we have agreements in place with both companies; and WHEREAS, Valley 29 Electric, LLC was the only company that could immediately assist city staff; and
WHEREAS, Valley 29 Electric, LLC confirmed the motor was good and found that the Variable Frequency Drive (VFD) Capacitor had failed; and
WHEREAS, Well 17 was also experiencing VFD overheating at the same time and Valley 29 Electric, LLC found that panel fans that displace heat had failed and needed replacement; and WHEREAS, staff requested quotes for and availability of a replacement VFD from Shannon Pump, Foster Pumps, Valley 29 Electric, LLC and Tel Star Inc. and Valley 29 Electric, LLC was the only company that was able to procure a variable frequency drive immediately and could have it installed on the same day; and
WHEREAS, staff authorized Valley 29 Electric, LLC to secure and install the new VFD for Well 16 at a cost of $22,923.84 whereas other companies reported lead times of 2 to 4 weeks for delivery of the VFDs not including the 1 to 2 days to install the equipment; and WHEREAS, staff deemed this an emergency procurement scenario and of urgent necessity for the preservation of life, health or property due to the high demand of water, and VFD fan issues with Well 17 at the time, it was critical to procure and install the new VFD to maintain consistent water pressure to meet demand; and
WHEREAS, staff is requesting that the Finance Department be authorized to make a supplemental appropriation to Fiscal Year 2024/2025 budget in the amount of $22,923.84 to the Water Enterprise Fund (2100-810-4392); and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Section 1. The City Council of the City of Livingston does hereby find and determine an emergency existed which required the immediate repair of Well 16; and said repairs prevented any additional damage to the City’s water infrastructure.

01424.0001 2002019.1 Page 2 of 2
Section 2. The City Council of the City of Livingston hereby ratifies the emergency equipment procurement and emergency repairs to Well 16; specifically the emergency procurement of a new Variable Frequency Drive (VFD) and emergency service call from Valley 29 Electric, LLC to install the VFD, in the amount of $22,923.84.

Section 3. The City Council authorizes and directs the Finance Department to make a supplemental appropriation to Fiscal Year 2024/2025 budget in the amount of $22,923.84 to the Water Enterprise Fund (2100-810-4392).

Section 4. Authorize the City Manager to execute all required documents.

Section 5. This resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2025- is a full, true and correct copy of a resolution duly passed and adopted by City Council of the City of Livingston at a regular meeting thereof duly held on 6th day of May, 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
____________________________________
Roy C. Santos, City Attorney

Invoice
Date
4/16/2025
Invoice #
1398
Bill To
City of Livingston
1416 C ST
Livingston Ca 95334
Ship To
City of Livingston
1416 C ST
Livingston Ca 95334
Valley 29 Electric, LLC
PO Box 635
Newman, CA 95360
P.O. Number
Well 16 Emergenc...

Terms
Due on receipt
Rep Ship
4/16/2025
Via F.O.B. Project
1398 - Replace VFD PO Well ...

All work is complete!
Total
Quantity Item Code Description Price Each Amount
Well 16 Emergency Service Call
3 Journeyman Labor - Emergency 4-13-25 300.00 900.00
8 Journeyman Labor 4-14-25 210.00 1,680.00
1 Material 200 HP 480 VAC 3HP VFD 18,880.5875 18,880.59T Thi Job was an emergency service call.

Sales Tax 7.75% 1,463.25
$22,923.84

1 STAFF REPORT
AGENDA ITEM: Approving the Issuance of Revenue Bonds By the California Municipal Finance Authority Maximum Principal Amount not to Exceed $35,000,000 for the Purpose of Financing and Refinance the Acquisition, Development, Construction and Equipping of River Glen Apartments and Execute of Joint Exercise of Powers Agreement With California Municipal Finance Authority (CMFA) MEETING DATE: MAY 6, 2025
PREPARED BY: Martha Abeloe, Sr. Administrative Analyst-CD REVIEWED BY: José Antonio Ramírez, City Manager
RECOMMENDATION:

Adopt the resolution approving the issuance of the Bonds by the CMFA for the benefit of Livingston B Street, L.P., a California limited partnership (the “Borrower”), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following).

The resolution will also authorize the Mayor or designee thereof to execute the Joint Exercise of Powers Agreement with the California Municipal Finance Authority (CMFA).

BACKGROUND AND DISCUSSION:

The Borrower requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $35,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to finance and refinance (1) the costs of the acquisition, development, construction and equipping of an 80-unit qualified residential rental project to be located at the southeast corner of Winton Parkway and B Street within the City of Livingston and to be owned and operated by the Borrower; and (2) pay certain expenses in connection with the issuance of the Bonds.

In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community.

Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.

CALIFORNIA MUNICIPAL FINANCE AUTHORITY:

The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities have become members of CMFA.

2 The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMENT:

In order for the CMFA to have the authority to serve as the issuer of the bonds for the Project, it is necessary for the City to become a member of the CMFA. Attached to this report is a copy of the Joint Exercise of Powers Agreement to be executed by a designated signatory of the City.

The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such agreement.

The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

There are no costs associated with membership in the CMFA and the City will in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the City in the CMFA will not impact the City’s appropriations limits and will not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing, adopting the required resolution and executing the Joint Exercise of Powers Agreement of the CMFA, no other participation or activity of the City or the city council with respect to the issuance of the Bonds will be required.

The Joint Exercise of Powers Agreement expressly provides that any member may withdraw from such agreement upon written notice to the Board of Directors of the CMFA. In the case of the proposed bond financing for the Borrower, the City following its execution of the Joint Exercise of Powers Agreement, could, at any time following the issuance of the Bonds, withdraw from the CMFA by providing written notice to the Board of Directors of the CMFA.

FISCAL IMPACT:

No Fiscal Impact.

RECOMMENDATION:

Staff recommends that the City of Livingston conduct the TEFRA Hearing, execute the Joint Exercise of Powers Agreement of the CMFA, and adopt the resolution in favor of the issuance of the Bonds by the CMFA.

ALTERNATIVES:

Should Council take no action on the Agreement, project financing will be jeopardized. Should the request be denied, the project would likely not be constructed.

ATTACHMENTS:

1. Resolution 25-XX

2. California Municipal Finance Authority Joint Exercise Powers Agreement

RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING THE

ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY MAXIMUM PRINCIPAL AMOUNT NOT TO EXCEED $35,000,000 FOR THE

PURPOSE OF FINANCING AND REFINANCE THE ACQUISITION, DEVELOPMENT,

CONSTRUCTION AND EQUIPPING OF RIVER GLEN APARTMENTS AND EXECUTE OF

JOINT EXERCISE OF POWERS AGREEMENT WITH

CALIFORNIA MUNICIPAL FINANCE AUTHORITY (CMFA)
WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), certain public agencies (the “Members”) have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”) in order to form the California Municipal Finance Authority (the “Authority”), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and
WHEREAS, the City of Livingston (the “City”), has determined that it is in the public interest and for the public benefit that the City become a Member of the Authority in order to facilitate the promotion of economic, cultural and community development activities in the City, including the financing of projects therefor by the Authority; and
WHEREAS, there is now before this City Council (the “City Council”) the form of the Agreement; and
WHEREAS, the Agreement has been filed with the City, and the members of the City Council, with the assistance of its staff, have reviewed said document; and WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing the construction or rehabilitation of capital projects; and WHEREAS, Livingston B Street, L.P., a California limited partnership (the “Borrower”) has requested that the Authority undertake a plan of finance for the issuance of revenue bonds in the maximum principal amount not to exceed $35,000,000 outstanding (the “Bonds”), to finance and refinance (1) the costs of the acquisition, development, construction and equipping of an 80-unit qualified residential rental project (the “Project”) to be located at the southeast corner of Winton Parkway and B Street within the City of Livingston (the “City”) and to be owned and operated by the Borrower; and (2) pay certain expenses in connection with the issuance of the Bonds; and WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), requires that an “applicable elected representative” of a governmental unit, the geographic jurisdiction of which contains the site of facilities to be financed with the proceeds of the Bonds, hold a public hearing on the plan of finance for the Project, including the issuance of the Bonds, and approve such plan of finance following such hearing; and
WHEREAS, the Authority has determined that the City Council is an “applicable elected representative” for purposes of holding such hearing; and Attachment 1

WHEREAS, the Authority has requested that the City Council approve the plan of finance for the Project, including the issuance of the Bonds by the Authority, in order to satisfy the public approval requirement of Section 147(f) of the Code and, the requirements of Section 4 of the Agreement; and
WHEREAS, notice of such public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the plan of finance for the Project and the Authority’s issuance of the Bonds; and
WHEREAS, it is in the public interest and for the public benefit that the City Council approve the plan of finance for the Project, including the issuance of the Bonds by the Authority, for the aforesaid purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS FOLLOWS:

Section 1. The foregoing recitals are true and correct.

Section 2. The Agreement is hereby approved and the Mayor, City Manager or the designee thereof is hereby authorized and directed to execute said document, and the City Clerk or such Clerk’s designee is hereby authorized and directed to attest thereto.

Section 3. The City Council hereby approves the plan of finance for the issuance of the Bonds by the Authority, to finance and refinance the Project. It is the purpose and intent of the City Council that this resolution constitute approval of the plan of finance for the Project for the issuance of the Bonds, (a) by the “applicable elected representative” of a governmental unit having jurisdiction over the area in which the Project is to be located in accordance with Section 147(f) of the Code and (b) by the City Council in accordance with Section 4 of the Agreement.

Section 4. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party.

The City/County shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 5. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 6. The executing officers(s), the Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.

Section 7. The Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 94111
Section 8. This resolution shall take effect immediately upon its passage.

I hereby certify that the foregoing Resolution No. 2025-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 6th day of May, 2025, by the vote recorded as follows:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Jose Moran, Mayor
of the City of Livingston
ATTEST:
___________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
____________________________________
Roy C. Santos, City Attorney

JOINT EXERCISE OF POWERS AGREEMENT

RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
THIS AGREEMENT, dated as of January 1, 2004, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, are referred to as the “Members” and those parties initially executing this Agreement are referred to as the “Initial Members”):

WITNESSETH
WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the “Joint Exercise of Powers Act”), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a “public agency” as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and
WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and
WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations; and WHEREAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose; and
WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and
WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein “Bonds”), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and
Attachment 2

WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms; and
WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members; and WHEREAS, by this Agreement, each Member desires to create and establish the “California Municipal Finance Authority” for the purposes set forth herein and to exercise the powers provided herein;
NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows:

Section 1. Purpose.

This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act.

The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth.

Section 2. Term.

This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority’s debts, liabilities and obligastions.

Section 3. Authority.

A. CREATION AND POWERS OF AUTHORITY.

Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the “California Municipal Finance Authority” (the “Authority”), and said Authority shall be a public entity separate and apart from the Members. Its

debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members.

B. BOARD.

The Authority shall be administered by the Board of Directors (the “Board,” or the “Directors” and each a “Director”) of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the “Foundation”), with each such Director serving in his or her individual capacity as a Director of the Board. The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in the Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation.

All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director.

Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose.

The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as provided in Section 16; provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement.

C. OFFICERS; DUTIES; OFFICIAL BONDS.

The officers of the Authority shall be the Chair, Vice-Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among Directors to serve until such officer is re-elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the “Treasurer”) pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board.

Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an “Indenture”) providing for a trustee or other fiscal agent, and except as may otherwise be

specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act.

The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000.

The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants.

The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority.

D. MEETINGS OF THE BOARD.
(1) Ralph M. Brown Act.

All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the “Brown Act”).
(2) Regular Meetings.

The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.
(3) Special Meetings.

Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.

(4) Minutes.

The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director.
(5) Quorum.

A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place.

E. RULES AND REGULATIONS.

The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required.

Section 4. Powers.

The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes.

Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as may be selected by the Member (or its authorized representative) whose approval is required. No such approval shall be required in

connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member.

The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not.

Section 5. Fiscal Year.

For the purposes of this Agreement, the term “Fiscal Year” shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004.

Section 6. Disposition of Assets.

At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members.

Section 7. Bonds.

From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement.

The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose.

Section 8. Bonds Only Limited and Special Obligations of Authority.

The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the

principal of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment.

No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds.

Section 9. Accounts and Reports.

All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds).

The books and records of the Authority shall be open to inspection at all reasonable times by each Member.

The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination.

The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose.

In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period.

Section 10. Funds.

Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement.

Section 11. Notices.

Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website).

Section 12. Additional Members/Withdrawal of Members.

Qualifying public agencies may be added as parties to this Agreement and become Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member.

Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing.

A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing.

Section 13. Indemnification.

To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.

Section 14. Contributions and Advances.

Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e.g., the Foundation) to accomplish any of the governmental unit’s or nonprofit organization's purposes.

Section 15. Immunities.

All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement.

Section 16. Amendments.

Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained. To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed: (a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become effective; and (c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members.

Section 17. Effectiveness.

This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof.

Section 18. Partial Invalidity.

If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.

Section 19. Successors.

This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members.

Section 20. Miscellaneous.

This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to.

Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld.

This Agreement shall be governed under the laws of the State of California.

This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement.

IN WITNESS WHEREOF, the City of Livingston has caused this Agreement to be executed and attested by its duly authorized representatives as of the 6th day of _May_, 2025.

Member:

CITY OF LIVINGSTON
By
Name:

Title:

ATTEST:

By
Name:

Title:

STAFF REPORT
1 AGENDA ITEM: Council Authorize the Establishment of a Fire Services AdHoc Committee.

MEETING DATE: May 6, 2025

PREPARED BY: Jose Antonio Ramirez, City Manager

REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends City Council:

1. Establish a Fire Services Ad-Hoc Committee (Two members of the City Council) to discuss and review issues including performance, policies and staffing updates to the City Council.

2. Establish a sunset provision which will take effect on May 6, 2025. Should City Council desire to continue, it will be necessary to amend the established resolution.

BACKGROUND:

An ad hoc committee in local government is a temporary committee formed for a specific purpose or task and is usually composed of members appointed from among the members of a larger governing body, such as city councilmembers. Ad hoc committees are formed to investigate and address particular issues, problems or projects that are outside the scope of existing committees or standing committees. They may be formed to study an issue in depth, gather information, and make recommendations to the larger governing body for action. The Brown Act does not apply to ad hoc committees consisting solely of less than a quorum of the legislative body, provided they are composed solely of members of the legislative body and provided that these ad hoc committees do not have some “continuing subject matter jurisdiction,” and do not have a meeting schedule fixed by formal action of a legislative body. Thus, ad hoc committees generally serve only a limited or single purpose, they are not perpetual, and they are dissolved when their specific task is completed.

ANALYSIS:

The City of Livingston has relied on Fire Services from Cal-Fire by way of a County of Merced contract. As the City of Livingston continues to grow and develop, it is crucial to establish clear and effective goals for Fire Protection. At the request of Council, staff is proposing the creation of an Ad Hoc Fire Services Committee for three reasons:

STAFF REPORT
2 1. The formation of a temporary committee formed to address specific fire safety concerns or projects, to improve our fire service delivery.

2. Identifying and reviewing best practices, as it relates to efficient operations, revenue generation, apparatus and fire station enhancement.

3. Review issues including performance, policies and staffing and present their findings/recommendations. Recommend a plan that sets forward a city operated, sustainable and standards-meeting fire department.

FISCAL IMPACT:

There is no direct fiscal impacts associated with the creation of an ad hoc committee.

PERSONNEL IMPACTS:

Staff liaisons for the committee would be Jose Antonio Ramirez, City Manager, Happy Bains, Finance Director & Monica Cisneros, Assistant to City Manager.

ATTACHMENTS

1. Resolution

01424.0001/1064531.1 Page 1 of 2
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ESTABLISHING

THE CREATION OF A FIRE SERVICES AD-HOC COMMITTEE, WITH A SUNSET PROVISION OF MAY 6, 2026; AND, PROVIDING AN EFFECTIVE DATE.

WHEREAS, The City of Livingston has relied on Fire Services from Cal-Fire by way of a County of Merced contract; and
WHEREAS, The City of Livingston continues to grow and develop, it is crucial to establish clear and effective goals for Fire Protection; and
WHEREAS, At the request of the City Council, staff is proposing the creation of an Ad-Hoc Fire Services Committee; and
WHEREAS, Given the City’s current administrative project load, staff believe it will need several months to collect information, meet with affected parties and stakeholders, and prepare an analysis. Throughout this process, particularly for the meetings with affected parties and stakeholders, it will be helpful for the Council to be directly represented. Staff proposes that the Council appoint an ad hoc committee for this purpose. Two members of the City Council would work directly with staff to review material, and engage stakeholders; and WHEREAS, This resolution and ad-hoc committee will expire on May 6, 2026, unless extended by action of the City Council; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Section 1. The City Council of the City of Livingston Adopts a Resolution.

Section 2. The City Council of the City of Livingston does hereby create the Fire Services ad-hoc committee created to address a specific need.

Section 3. The formation of a temporary committee is being formed to address specific fire safety concerns or projects to improve our fire service delivery. Identifying and reviewing best practices, as it relates to efficient operations, revenue generation, apparatus and fire station enhancement. Review issues including performance, policies and staffing and present their findings/recommendations. Recommend a plan that sets forward a city operated, sustainable and standards-meeting fire department.

Section 4. That the Fire Services ad-hoc committee shall consist of 2 council members, City Manager, Finance Director and Assistant to the City Manager.

Section 5. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2025-___is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 6th day of May 2025, by the vote recorded as follows:

01424.0001/1064531.1 Page 2 of 2
AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney

STAFF REPORT
AGENDA ITEM: Discussion and Direction Regarding the Display of the Flags along Downtown Main Street
MEETING DATE: May 6, 2025
PREPARED BY: Anthony Chavarria, Public Works Director
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff is requesting that the Mayor and Council provide direction to staff regarding the display of the flags along downtown Main Street.

BACKGROUND/DISCUSSION:

Currently, the flags downtown Main Street are displayed continuously throughout the year. While this practice enhances the aesthetic appeal of our community and fosters a sense of pride, it has led to significant wear and tear on the flags as well as increased maintenance time incurred by staff. The ongoing exposure to elements such as weather, sun and wind has resulted in increased maintenance costs and the need for more frequent replacements. The average cost to replace the flags is $800-$900 annually.

Some options for Council to consider would be to:

1. Continue displaying the flags year-round.

2. Display the flags only during special dates and events.

3. Display the flags during Spring/Summer and remove them during Fall/Winter. a. Fly from April 1 – November 11 (Veterans Day)
Staff is recommending displaying flags during Spring/Summer and removing them during Fall/Winter. specific dates would be April 1 to November 11, to reduce the frequency of replacements and maintenance, leading to cost-effective practices.

FISCAL IMPACT:

There would be no fiscal impact for this item.

ATTACHMENTS:

1.When & how to fly the United States of America Flag Etiquette Guide

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When & How to Fly the Flag - U.S. Flag Store
When & How to Fly the Flag of the United States of America and Flag Etiquette - U.S. Flag Store
Flag etiquette can be a daunting and sometimes confusing issue, but that's why The United States Flag Store has compiled this information for you! We'll try to cover some of the basics. Here at the United States Flag Store, we try to not only offer you great products, but to also arm you with the know-how and ins and outs of your favorite flags and flying them.

When can you fly the American Flag?
You can fly the American flag any day of the year, there are certain holidays we have listed below that are recommended to especially fly Old Glory. The typical times in which your flag should be displayed are sunrise to sunset, unless of course you have a light dedicated to shine on the flag during non-daylight hours.

How to hang an American flag?
When you are hanging the American flag, horizontally or vertically for that matter, the flag should always be upright with the union or the blue field with the stars displayed to the top left. This places the importance on the union itself. The American flag is more than just a piece of fabric, but a symbol of the country and the countless people and things it stands for and for the many brave men and women who gave themselves for it and helped shape the world we live in today. As such, the flag should always be treated with care and respect.

How to display the American flag? A couple of pointers from the U.S. Flag Code The best way to display the American flag is either on a flagpole or in a flag display case. You can display it other ways, so long as it is done mindfully.

It is traditional to fly your flag from sunrise to sunset. The American flag should always be displayed in light, so if you wish to fly your flag after these hours, the flag must be illuminated with a dedicated spotlight.

When displaying the American flag among other flags on American soil, the American flag must always take precedence and no other flag may be placed above it. This means that the American Flag should always be displayed furthest left from an observer's perspective and in some cases, flown higher. No other flag should be flown higher or be larger than the American flag when displayed together.

It should be displayed center and highest up among state flags, it can also be flown above a state flag on the same staff.

If displaying multiple nations, the flags may be the same height and size, however, the American flag should still be the furthest left and be the first to be hoisted up and the last to be brought down.

If displayed on crossing staffs with another flag, the American flag must be on its own right (the observer's left) with its (American Flag) staff in front of the other flag's.

The Union or the stars must never be flown upside down, except as a signal of distress.

It is imperative that the flag of the United States of America never touch anything beneath it. This goes for water, the ground or anything else that may be around it, including merchandise. This rule applies for both displaying and for putting the flag up and taking it down from its place and or flagpole.

The flag should not be carried flat, but aloft and free.

It should also never be set up, displayed or kept in a manner that the flag is to be easily torn, soiled or damaged.

To not use the flag as a decoration, covering for a ceiling and to not use it as part of a costume or athletic outfit. A small flag patch may be used on uniforms for military personnel, firemen, policemen and members of patriotic organizations. As for decorations, there is a lot of patriotic bunting and pleated fans and such that are available for this very reason.

No symbol, insignia or marking of any kind should ever be placed on the American flag, No item should be placed on the American flag.

To not be used for advertising or to be used in a fashion that it is going to be thrown away, for example, a handkerchief, paper plates or any sort of disposable item.

The American flag must also not be draped over the hood, sides or back of any car, plane, boat or railroad car. If displayed from a parade float, it must be on a staff.

At a time when the American flag has become worn, torn and no longer fit for its service as a symbol for the United States, should be destroyed in a dignified and ceremonious fashion, preferably by burning.

Location
According to the Flag Code, the American Flag should be flown:

On or near every polling place on election days Voting is one of the most important rights we have as American people. It, like the flag, represents our freedom, and stands as a basis for our governmental structure. It is a requirement that the flag is flown on election days at polling places.

On or near the main administration building of all public institutions On or near every schoolhouse (during school days)
Conditions

Displaying your flag in proper conditions is just as important as the display tips we have pointed out above.

As such, the flag of the United States of America should not be flown in inclement weather. This falls under the category that in this position that the flag may be easily torn or damaged. Even all-weather flags can get ruffled and damaged in bad weather. It is recommended that you bring your flag indoors if it is going to rain, snow, hail or storm. High winds can be problematic too.

A damaged flag is disrespectful to our nation and will require repair or replacement.

The Flag Code describes the flag as a living thing, and it should be treated as such. With the proper care, your flag can last for a long time with little or no repair.

Position
The flag should always be displayed upright with the union to the top left. Flying the flag with the union down is considered a "breach of etiquette" (Sharpman). However, it can be used as a call for help, similar to SOS, if you are in extreme danger and need assistance.

Throughout the years war protesters have flown the flag upside down to show that the entire country is in distress. It is still a debate whether this should be considered a desecration of the flag or an expression of free speech. It will usually attract negative attention from law enforcement and civilians alike.

On the United States Flag Store's website, you can explore an entire section devoted to the topic. The When and How to Fly the Flag section incorporates all the pertinent information about the appropriate hours to fly the American flag as well as proper conditions, locations and even positions.

Did you know the American flag should only be flown from sunrise to sunset? If you choose to fly your flag at night the United States Flag Code dictates that it be properly illuminated and not from the glow of a streetlamp.

Did you know the US Flag Code considers the American flag to be a living entity? Read up on all the interesting flag facts at the United States Flag Store.

When to fly the American Flag, hours and holidays
Conventional hours for flying the American flag are from sunrise to sunset. If you wish to fly your flag at night, it should have a spotlight solely dedicated to light up the flag.

You can also fly your flag of the United States of America any day of the year! But there are holidays where it is recommended to especially fly that red, white and blue.

These holidays are:
• January 1st New Year's Day
• 3rd Monday in January Martin Luther King Day
• January 20th Inauguration Day
• February 12 Lincoln's Birthday
• February 22 Washington's Birthday or President's Day
• Varied Easter Sunday
• 3rd Monday in April Patriot's Day

• 2nd Sunday in May Mother's Day
• May 15th Peace Officers Memorial Day
• 3rd Saturday in May Armed Forces Day
• Last Monday in May Memorial Day
• June 14th Flag Day
• 3rd Sunday in June Father's Day
• July 4th Independence Day
• July 27th Korean War Veteran's Day
• 1st Monday in September Labor Day
• September 11th Patriot Day
• September 17th Constitution Day
• Last Sunday in September Gold Star Mother's Day
• 2nd Monday in October Columbus Day
• October 27th Navy Day
• Tuesday following the 1st Monday in November Election Day • November 11th Veteran's Day
• 4th Thursday in November for Thanksgiving
• December 7th Pearl Harbor Day
• December 25th Christmas Day
• Varied State Birthdays & Holidays
• Varied Other days proclaimed by the President of the USA How to fly the flag at half-staff?
To properly fly the flag at half-staff, the flag must first be raised swiftly to the top of the flagpole for an instant and then lowered slowly with care and respect to the half-staff or half-mast position. The flag must always be brought to the top of the flagpole for a brief moment before it is lowered to half-staff for the day.

When to fly flag at half-mast?
Flying the American flag at half-mast is customary on certain days of the year of either remembrance or in the occasion, when an unexpected tragedy may strike or occur. It is also proper to fly the flag at half-staff (or halfmast) when it is a time of national mourning.

The President of the United States will generally issue this order if this is the case or on a local level, your governor may issue flags to be flown at half-mast as well.

The rule of thumb for this goes as follows:

That the flag should be flown at half-mast for 30 days after the death of the president, a former president or president elect
1 0 days after the death of the vice president, the chief justice or a retired chief justice of the United States Supreme Court, or the speaker of the House of Representatives.

The flag is to be displayed at half-staff from the day of death until interment, in the event of a death of a former Vice President, an associate justice of the Supreme Court, a member of the Cabinet, the president pro tempore of the Senate, the majority or minority leader of the Senate, the majority or the minority leader of the House of Representatives.

There are also certain holidays where flying the flag at half-staff is customary.

These holidays include:
• Peace Officer's Memorial Day on May 15th from sunrise to sunset • Memorial Day, the last Monday in May from sunrise to noon • Patriot Day, September 11th from sunrise to sunset
• Fire prevention week, a week in which October 9th lands, sunrise to sunset • National Pearl Harbor Remembrance Day, December 7th, sunrise to sunset How to fly the flag on Memorial Day?
The correct way to fly the American flag on Memorial Day is that it will be raised to full staff briskly at sunrise and then slowly and carefully lowered to half-staff where it will stay until noon of that day.

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