Agenda packet — Livingston City Council, May 20, 2025 (part 3 of 3)

ASSESSOR'S PARCEL
NUMBER ZONE EDU LEGAL DESCRIPTION CHARGE($)
City of Livingston
LMD Zones 7 through 12
Commercial & Residential
Fiscal Year 2025/26 Preliminary Assessment Roll
024-302-008-000 SouthRes 1.00 LIV RLTY CO SUB POR LOT 87 52.64 024-302-009-000 SouthRes 1.00 LIV RLTY CO SUB POR LOT 87 52.64 024-303-001-000 SouthRes 1.00 CAMPUS PK LOT 11 52.64
024-303-002-000 SouthRes 1.00 CAMPUS PK LOT 12 52.64
024-303-003-000 SouthRes 1.00 CAMPUS PK LOT 13 52.64
024-303-004-000 SouthRes 1.00 CAMPUS PK LOT 14 52.64
024-303-005-000 SouthRes 1.00 CAMPUS PK LOT 15 52.64
024-303-006-000 SouthRes 1.00 CAMPUS PK LOT 16 52.64
024-303-007-000 SouthRes 1.00 CAMPUS PK LOT 17 52.64
024-303-008-000 SouthRes 1.00 CAMPUS PK LOT 18 52.64
024-303-009-000 SouthRes 1.00 CAMPUS PK LOT 19 52.64
024-303-010-000 SouthRes 1.00 CAMPUS PK LOT 20 52.64
024-310-003-000 NorthRes 1.00 VALLEY PARK #1 LOT 16 52.64 024-310-004-000 NorthRes 1.00 VALLEY PARK #1 LOT 17 52.64 024-310-005-000 NorthRes 1.00 VALLEY PARK #1 LOT 18 52.64 024-310-006-000 NorthRes 0.09 VALLEY PARK #1 LOT B 4.88 024-310-007-000 NorthRes 1.00 VALLEY PARK #1 LOT 7 52.64 024-310-008-000 NorthRes 1.00 VALLEY PARK #1 LOT 6 52.64 024-310-009-000 NorthRes 1.00 VALLEY PARK #1 LOT 5 52.64 024-310-010-000 NorthRes 1.00 VALLEY PARK #1 LOT 4 52.64 024-310-011-000 NorthRes 1.00 VALLEY PARK #1 LOT 3 52.64 024-310-012-000 NorthRes 1.00 VALLEY PARK #1 LOT 2 52.64 024-310-013-000 NorthRes 1.00 VALLEY PARK #1 LOT 1 52.64 024-310-015-000 NorthRes 0.09 VALLEY PARK #1 LOT C 4.88 024-310-016-000 NorthRes 1.00 VALLEY PARK #1 LOT 14 52.64 024-310-017-000 NorthRes 1.00 VALLEY PARK #1 LOT 13 52.64 024-310-018-000 NorthRes 1.00 VALLEY PARK #1 LOT 12 52.64 024-310-019-000 NorthRes 1.00 VALLEY PARK #1 LOT 11 52.64 024-310-020-000 NorthRes 1.00 VALLEY PARK #1 LOT 10 52.64 024-310-021-000 NorthRes 1.00 VALLEY PARK #1 LOT 9 52.64 024-310-022-000 NorthRes 1.00 VALLEY PARK #1 LOT 8 52.64 024-310-024-000 NorthRes 1.00 WOODLAND HTS LOT 21 52.64 024-310-025-000 NorthRes 1.00 WOODLAND HTS LOT 22 52.64 024-310-026-000 NorthRes 1.00 WOODLAND HTS LOT 20 52.64 024-310-027-000 NorthRes 1.00 WOODLAND HTS LOT 19 52.64 024-310-028-000 NorthRes 1.00 WOODLAND HTS LOT 18 52.64 024-310-029-000 NorthRes 1.00 WOODLAND HTS LOT 17 52.64 024-310-030-000 NorthRes 1.00 WOODLAND HTS LOT 16 52.64 024-310-031-000 NorthRes 1.00 WOODLAND HTS LOT 15 52.64 024-310-032-000 NorthRes 1.00 WOODLAND HTS LOT 14 52.64 024-310-033-000 NorthRes 1.00 WOODLAND HTS LOT 13 52.64 024-310-034-000 NorthRes 1.00 WOODLAND HTS LOT 12 52.64 024-310-035-000 NorthRes 1.00 WOODLAND HTS LOT 11 52.64 024-310-036-000 NorthRes 1.00 WOODLAND HTS LOT 10 52.64 024-310-037-000 NorthRes 1.00 PARCEL 1 PM 53-4 SEC 24/6/11 52.64 024-321-003-000 SouthRes 1.00 TEMPO EST #4 LOT 14 52.64 024-321-004-000 SouthRes 1.00 TEMPO EST #4 LOT 15 52.64 024-321-005-000 SouthRes 1.00 TEMPO EST #4 LOT 16 52.64 024-321-006-000 SouthRes 1.00 TEMPO EST #4 LOT 17 52.64 024-321-007-000 SouthRes 1.00 TEMPO EST #4 LOT 18 52.64 024-321-008-000 SouthRes 1.00 TEMPO EST #4 LOT 19 52.64 024-321-009-000 SouthRes 1.00 TEMPO EST #4 LOT 20 52.64 024-321-010-000 SouthRes 1.00 TEMPO EST #4 LOT 21 52.64 024-321-011-000 SouthRes 1.00 TEMPO EST #4 LOT 22 52.64 024-321-012-000 SouthRes 1.00 TEMPO EST #4 LOT 23 52.64 024-321-013-000 SouthRes 1.00 TEMPO EST #4 LOT 24 52.64 024-321-014-000 SouthRes 1.00 TEMPO EST #4 LOT 25 52.64 024-321-015-000 SouthRes 1.00 TEMPO EST #4 LOT 26 52.64 024-321-016-000 SouthRes 1.00 TEMPO EST #4 LOT 27 52.64 024-321-017-000 SouthRes 1.00 TEMPO EST #4 LOT 28 52.64 024-321-018-000 SouthRes 1.00 TEMPO EST #4 LOT 29 52.64 024-322-001-000 SouthRes 1.00 WINTON SUB #2 LOT 55 & POR 56 52.64 024-322-002-000 SouthRes 1.00 WINTON SUB #2 POR LOT 56 52.64 024-322-003-000 SouthRes 1.00 WINTON SUB #2 LOT 57 52.64 024-322-004-000 SouthRes 1.00 WINTON SUB #2 LOT 58&POR 59 52.64 Willdan Financial Services Page 16 of 20

Page 252 of 356 ends

ASSESSOR'S PARCEL
NUMBER ZONE EDU LEGAL DESCRIPTION CHARGE($)
City of Livingston
LMD Zones 7 through 12
Commercial & Residential
Fiscal Year 2025/26 Preliminary Assessment Roll
024-322-005-000 SouthRes 1.00 PARCEL 1 PM 1-19 SEC 26/6/11 52.64 024-322-006-000 SouthRes 1.00 WINTON SUB #2 POR LOT 60 52.64 024-322-007-000 SouthRes 1.00 WINTON SUB #2 LOT 61 & S 11.74 FT LOT 60 52.64 024-322-008-000 SouthRes 1.00 WINTON SUB #2 LOT 62 52.64 024-322-017-000 SouthRes 1.00 TEMPO EST #3 LOT 13 52.64 024-322-018-000 SouthRes 1.00 TEMPO EST #3 LOT 12 52.64 024-322-019-000 SouthRes 1.00 TEMPO EST #3 LOT 11 52.64 024-322-020-000 SouthRes 1.00 TEMPO EST #3 LOT 10 52.64 024-322-021-000 SouthRes 1.00 TEMPO EST #3 LOT 9 52.64
024-322-022-000 SouthRes 1.00 TEMPO EST #3 LOT 8 52.64
024-322-023-000 SouthRes 1.00 TEMPO EST #3 LOT 7 52.64
024-322-024-000 SouthRes 1.00 TEMPO EST #3 LOT 6 52.64
024-322-025-000 SouthRes 1.00 TEMPO EST #3 LOT 5 52.64
024-322-026-000 SouthRes 1.00 TEMPO EST #3 LOT 4 52.64
024-323-001-000 SouthRes 1.00 WINTON SUB #2 POR LOTS 33&34 52.64 024-323-002-000 SouthRes 1.00 WINTON SUB #2 POR LOT 34 52.64 024-323-003-000 SouthRes 1.00 WINTON SUB #2 LOT 35 52.64 024-323-004-000 SouthRes 1.00 WINTON SUB #2 LOT 36 52.64 024-323-005-000 SouthRes 1.00 WINTON SUB #2 LOT 37 52.64 024-323-006-000 SouthRes 1.00 WINTON SUB #2 LOT 38 52.64 024-323-007-000 SouthRes 1.00 WINTON SUB #2 LOT 39 52.64 024-323-008-000 SouthRes 1.00 WINTON SUB #2 LOT 40 52.64 024-323-009-000 SouthRes 1.00 WINTON SUB #2 LOT 41 52.64 024-323-010-000 SouthRes 1.00 WINTON SUB #2 LOT 42 52.64 024-323-011-000 SouthRes 1.00 WINTON SUB #2 S 70' LOT 43 52.64 024-323-012-000 SouthRes 1.00 WINTON SUB #2 POR LOT 43&44 52.64 024-323-013-000 SouthRes 1.00 WINTON SUB #2 N 40'LOT 44 & S 30'OF 45 52.64 024-323-014-000 SouthRes 1.00 WINTON SUB #2 N 60' LOT 45 & S 10' LOT 46 52.64 024-323-015-000 SouthRes 1.00 WINTON SUB #2 POR LOT 46 52.64 024-323-016-000 SouthRes 1.00 WINTON SUB #2 LOT 47 52.64 024-323-017-000 SouthRes 1.00 WINTON SUB #2 LOT 48 52.64 024-324-001-000 SouthRes 1.00 WINTON SUB LOT 5 POR 6 52.64 024-324-002-000 SouthRes 1.00 WINTON SUB POR LOT 6&7 52.64 024-324-003-000 SouthRes 1.00 WINTON SUB POR LOT 7&8 52.64 024-324-004-000 SouthRes 1.00 WINTON SUB POR LOTS 8&9 52.64 024-324-005-000 SouthRes 1.00 WINTON SUB POR LOTS 9&10 52.64 024-324-006-000 SouthRes 1.00 WINTON SUB POR LOTS 10&11 52.64 024-324-007-000 SouthRes 1.00 WINTON SUB S 60' LOT 11 52.64 024-324-008-000 SouthRes 1.00 WINTON SUB LOT 12 52.64
024-324-009-000 SouthRes 1.00 WINTON SUB LOT 13 52.64
024-324-010-000 SouthRes 1.00 WINTON SUB LOT 14 52.64
024-324-011-000 SouthRes 1.00 WINTON SUB LOT 15 52.64
024-324-012-000 SouthRes 1.00 WINTON SUB LOT 16 52.64
024-324-014-000 SouthRes 1.00 WINTON SUB POR LOT 17 52.64 024-324-015-000 SouthRes 1.00 WINTON SUB LOT 18 52.64
024-324-016-000 SouthRes 1.00 WINTON SUB LOT 19 52.64
024-324-017-000 SouthRes 1.00 WINTON SUB LOT 20 52.64
024-324-018-000 SouthRes 1.00 WINTON SUB LOT 21 52.64
024-324-019-000 SouthRes 1.00 WINTON SUB LOT 22 52.64
024-324-020-000 SouthRes 1.00 WINTON SUB LOT 23 POR 24 52.64 024-324-021-000 SouthRes 1.00 WINTON SUB POR LOTS 24&25 52.64 024-324-022-000 SouthRes 1.00 WINTON SUB POR LOTS 25&26 52.64 024-334-001-000 NorthRes 1.00 PACIFIC AC LOT 20 52.64
024-334-002-000 NorthRes 1.00 PACIFIC AC LOT 21 52.64
024-334-003-000 NorthRes 1.00 PACIFIC AC LOT 22 52.64
024-334-004-000 NorthRes 1.00 PACIFIC AC LOT 23 52.64
024-334-005-000 NorthRes 1.00 PACIFIC AC LOT 24 52.64
024-334-006-000 NorthRes 1.00 PACIFIC AC LOT 25 52.64
024-334-007-000 NorthRes 1.00 PACIFIC AC LOT 26 52.64
024-334-008-000 NorthRes 1.00 PACIFIC AC LOT 27 52.64
024-334-009-000 NorthRes 1.00 PACIFIC AC LOT 28 52.64
024-334-010-000 NorthRes 1.00 PACIFIC AC LOT 29 52.64
024-334-011-000 NorthRes 1.00 PACIFIC AC LOT 30 52.64
024-334-012-000 NorthRes 1.00 PACIFIC AC LOT 31 52.64
024-334-013-000 NorthRes 1.00 PACIFIC AC LOT 32 52.64
Willdan Financial Services Page 17 of 20

Page 253 of 356 ends

ASSESSOR'S PARCEL
NUMBER ZONE EDU LEGAL DESCRIPTION CHARGE($)
City of Livingston
LMD Zones 7 through 12
Commercial & Residential
Fiscal Year 2025/26 Preliminary Assessment Roll
024-334-014-000 NorthRes 1.00 PACIFIC AC LOT 33 52.64
024-334-015-000 NorthRes 1.00 PACIFIC AC LOT 34 52.64
024-334-016-000 NorthRes 1.00 PACIFIC AC LOT 35 52.64
024-334-017-000 NorthRes 1.00 PACIFIC AC LOT 36 52.64
024-334-018-000 NorthRes 1.00 PACIFIC AC LOT 37 52.64
024-334-019-000 NorthRes 1.00 PACIFIC AC LOT 38 52.64
024-334-020-000 NorthRes 1.00 PACIFIC AC LOT 39 52.64
024-334-021-000 NorthRes 1.00 PACIFIC AC LOT 40 52.64
024-335-001-000 NorthRes 1.00 PACIFIC AC LOT 19 52.64
024-335-002-000 NorthRes 1.00 PACIFIC AC LOT 18 52.64
024-335-003-000 NorthRes 1.00 PACIFIC AC LOT 17 52.64
024-335-005-000 NorthRes 1.00 PACIFIC AC LOT 16 52.64
024-335-006-000 NorthRes 1.00 PACIFIC AC LOT 15 52.64
024-335-007-000 NorthRes 1.00 PACIFIC AC LOT 14 52.64
024-336-001-000 NorthRes 1.00 PACIFIC AC LOT 13 52.64
024-336-002-000 NorthRes 1.00 PACIFIC AC LOT 12 52.64
024-336-003-000 NorthRes 1.00 PACIFIC AC LOT 11 52.64
024-336-004-000 NorthRes 1.00 PACIFIC AC LOT 10 52.64
024-336-005-000 NorthRes 1.00 PACIFIC AC LOT 9 52.64
024-336-006-000 NorthRes 1.00 PACIFIC AC LOT 8 52.64
024-336-007-000 NorthRes 1.00 PACIFIC AC LOT 7 52.64
024-336-008-000 NorthRes 1.00 PACIFIC AC LOT 6 52.64
024-336-009-000 NorthRes 1.00 PACIFIC AC LOT 5 52.64
024-336-010-000 NorthRes 1.00 PACIFIC AC LOT 4 52.64
024-336-011-000 NorthRes 1.00 PACIFIC AC LOT 3 52.64
024-336-012-000 NorthRes 1.00 PACIFIC AC LOT 2 52.64
024-336-013-000 NorthRes 1.00 PACIFIC AC LOT 1 52.64
024-340-001-000 SouthRes 1.00 TEMPO EST #5 LOT 47 52.64 024-340-002-000 SouthRes 1.00 TEMPO EST #5 LOT 46 52.64 024-340-003-000 SouthRes 1.00 TEMPO EST #5 LOT 45 52.64 024-340-004-000 SouthRes 1.00 TEMPO EST #5 LOT 44 52.64 024-340-005-000 SouthRes 1.00 TEMPO EST #5 LOT 43 52.64 024-340-007-000 SouthRes 1.00 TEMPO EST #4 LOT 42 52.64 024-340-008-000 SouthRes 1.00 TEMPO EST #4 LOT 41 52.64 024-340-009-000 SouthRes 1.00 TEMPO EST #4 LOT 40 52.64 024-340-010-000 SouthRes 1.00 TEMPO EST #4 LOT 39 52.64 024-340-011-000 SouthRes 1.00 TEMPO EST #4 LOT 38 52.64 024-340-012-000 SouthRes 1.00 TEMPO EST #4 LOT 37 52.64 024-340-013-000 SouthRes 1.00 TEMPO EST #4 LOT 36 52.64 024-340-014-000 SouthRes 1.00 TEMPO EST #4 LOT 35 52.64 024-340-015-000 SouthRes 1.00 TEMPO EST #4 LOT 34 52.64 024-340-016-000 SouthRes 1.00 TEMPO EST #4 LOT 33 52.64 024-340-017-000 SouthRes 1.00 TEMPO EST #4 LOT 32 52.64 024-340-018-000 SouthRes 1.00 TEMPO EST #4 LOT 31 52.64 024-340-019-000 SouthRes 1.00 TEMPO EST #4 LOT 30 52.64 024-350-001-000 SouthRes 1.00 VILLAS EAST LOT 1 52.64
024-350-002-000 SouthRes 1.00 VILLAS EAST LOT 2 52.64
024-350-003-000 SouthRes 1.00 VILLAS EAST LOT 3 52.64
024-350-004-000 SouthRes 1.00 VILLAS EAST LOT 4 52.64
024-350-005-000 SouthRes 1.00 VILLAS EAST LOT 5 52.64
024-350-006-000 SouthRes 1.00 VILLAS EAST LOT 6 52.64
024-350-007-000 SouthRes 1.00 VILLAS EAST LOT 7 52.64
024-350-012-000 SouthRes 1.00 LIV RLTY CO SUB POR LOT 85 52.64 024-350-013-000 SouthRes 1.00 LIV RLTY CO SUB POR LOT 85 52.64 024-350-017-000 SouthRes 1.00 VILLAS EAST LOT 8 52.64
024-350-018-000 SouthRes 1.00 VILLAS EAST LOT 9 52.64
024-350-019-000 SouthRes 1.00 VILLAS EAST LOT 10 52.64
024-350-020-000 SouthRes 1.00 VILLAS EAST LOT 11 52.64
024-350-021-000 SouthRes 1.00 VILLAS EAST LOT 12 52.64
024-350-022-000 SouthRes 1.00 VILLAS EAST LOT 13 52.64
024-350-023-000 SouthRes 1.00 VILLAS EAST LOT 14 52.64
024-350-024-000 SouthRes 1.00 VILLAS EAST LOT 15 52.64
024-350-025-000 SouthRes 1.00 VILLAS EAST LOT 16 52.64
024-350-026-000 SouthRes 1.00 VILLAS EAST LOT 17 52.64
024-350-027-000 SouthRes 1.00 VILLAS EAST LOT 18 52.64
Willdan Financial Services Page 18 of 20

Page 254 of 356 ends

ASSESSOR'S PARCEL
NUMBER ZONE EDU LEGAL DESCRIPTION CHARGE($)
City of Livingston
LMD Zones 7 through 12
Commercial & Residential
Fiscal Year 2025/26 Preliminary Assessment Roll
024-350-028-000 SouthRes 1.00 VILLAS EAST LOT 19 52.64
024-350-029-000 SouthRes 1.00 VILLAS EAST LOT 20 52.64
024-350-030-000 SouthRes 1.00 VILLAS EAST LOT 21 52.64
024-350-031-000 SouthRes 1.00 VILLAS EAST LOT 22 52.64
024-350-032-000 SouthRes 1.00 VILLAS EAST LOT 23 52.64
024-350-033-000 SouthRes 1.00 VILLAS EAST LOT 24 52.64
024-350-034-000 SouthRes 1.00 VILLAS EAST LOT 25 52.64
024-350-035-000 SouthRes 1.00 VILLAS EAST LOT 26 52.64
024-350-036-000 SouthRes 1.00 VILLAS EAST LOT 27 52.64
024-350-037-000 SouthRes 1.00 VILLAS EAST LOT 28 52.64
024-350-038-000 SouthRes 1.00 VILLAS EAST LOT 29 52.64
024-350-039-000 SouthRes 1.00 VILLAS EAST LOT 30 52.64
024-350-040-000 SouthRes 1.00 VILLAS EAST LOT 31 52.64
024-350-041-000 SouthRes 1.00 VILLAS EAST LOT 32 52.64
024-350-042-000 SouthRes 1.00 VILLAS EAST LOT 33 52.64
024-350-043-000 SouthRes 1.00 VILLAS EAST LOT 34 52.64
024-350-044-000 SouthRes 1.00 VILLAS EAST LOT 35 52.64
024-350-045-000 SouthRes 1.00 VILLAS EAST LOT 36 52.64
024-350-046-000 SouthRes 1.00 VILLAS EAST LOT 37 52.64
024-350-047-000 SouthRes 1.00 VILLAS EAST LOT 38 52.64
024-350-048-000 SouthRes 1.00 VILLAS EAST LOT 39 52.64
024-350-050-000 SouthRes 1.00 LIV RLTY CO SUB POR LOT 85 52.64 024-350-052-000 SouthRes 1.00 LIV RLTY CO SUB POR LOT 85 52.64 024-350-053-000 SouthRes 1.00 LIV RLTY CO SUB POR LOT 85 52.64 024-350-054-000 SouthRes 1.00 LIV RLTY CO SUB POR LOT 85 ETC 52.64 024-361-002-000 SouthRes 1.00 LIV RLTY CO SUB POR LOT 88 52.64 024-361-003-000 SouthRes 1.00 LIV RLTY CO SUB POR LOT 88 52.64 024-362-001-000 SouthRes 1.00 RODS ADD #2 LOT 40 LESS N 5' TO RD 52.64 024-362-002-000 SouthRes 1.00 RODS ADD #2 LOT 39 52.64
024-362-003-000 SouthRes 1.00 RODS ADD #2 LOT 38 52.64
024-362-004-000 SouthRes 1.00 RODS ADD #2 LOT 37 52.64
024-362-005-000 SouthRes 1.00 RODS ADD #2 LOT 36 52.64
024-362-006-000 SouthRes 1.00 RODS ADD #2 LOT 35 52.64
024-362-007-000 SouthRes 1.00 RODS ADD #2 LOT 34 52.64
024-362-008-000 SouthRes 1.00 RODS ADD #2 LOT 33 52.64
024-362-009-000 SouthRes 1.00 RODS ADD #2 LOT 32 52.64
024-362-010-000 SouthRes 1.00 RODS ADD #2 LOT 31 52.64
024-362-011-000 SouthRes 1.00 PARK VIEW LOT 20 52.64
024-362-012-000 SouthRes 1.00 PARK VIEW LOT 19 52.64
024-362-013-000 SouthRes 1.00 PARK VIEW LOT 18 52.64
024-362-014-000 SouthRes 1.00 PARK VIEW LOT 17 52.64
024-362-015-000 SouthRes 1.00 PARK VIEW LOT 16 52.64
024-362-016-000 SouthRes 1.00 PARK VIEW LOT 15 52.64
024-362-017-000 SouthRes 1.00 PARK VIEW LOT 14 52.64
024-362-018-000 SouthRes 1.00 PARK VIEW LOT 13 52.64
024-362-019-000 SouthRes 1.00 PARK VIEW LOT 12 52.64
024-362-020-000 SouthRes 1.00 PARK VIEW LOT 11 52.64
024-363-001-000 SouthRes 1.00 RODS ADD #2 LOT 21 52.64
024-363-002-000 SouthRes 1.00 RODS ADD #2 LOT 22 52.64
024-363-003-000 SouthRes 1.00 RODS ADD #2 LOT 23 52.64
024-363-004-000 SouthRes 1.00 RODS ADD #2 LOT 24 52.64
024-363-005-000 SouthRes 1.00 RODS ADD #2 LOT 25 52.64
024-363-006-000 SouthRes 1.00 RODS ADD #2 LOT 26 52.64
024-363-007-000 SouthRes 1.00 RODS ADD #2 LOT 27 52.64
024-363-008-000 SouthRes 1.00 RODS ADD #2 LOT 28 52.64
024-363-009-000 SouthRes 2.00 RODS ADD #2 LOT 29 105.28 024-363-010-000 SouthRes 1.00 RODS ADD #2 LOT 30 52.64
024-363-011-000 SouthRes 1.00 PARK VIEW LOT 1 52.64
024-363-012-000 SouthRes 1.00 PARK VIEW LOT 2 52.64
024-363-013-000 SouthRes 1.00 PARK VIEW LOT 3 52.64
024-363-014-000 SouthRes 1.00 PARK VIEW LOT 4 52.64
024-363-015-000 SouthRes 1.00 PARK VIEW LOT 5 52.64
024-363-016-000 SouthRes 1.00 PARK VIEW LOT 6 52.64
024-363-017-000 SouthRes 1.00 PARK VIEW LOT 7 52.64
024-363-018-000 SouthRes 1.00 PARK VIEW LOT 8 52.64
Willdan Financial Services Page 19 of 20

Page 255 of 356 ends

ASSESSOR'S PARCEL
NUMBER ZONE EDU LEGAL DESCRIPTION CHARGE($)
City of Livingston
LMD Zones 7 through 12
Commercial & Residential
Fiscal Year 2025/26 Preliminary Assessment Roll
024-363-019-000 SouthRes 1.00 PARK VIEW LOT 9 52.64
024-363-020-000 SouthRes 1.00 PARK VIEW LOT 10 52.64
024-370-026-000 NorthRes 1.00 PARCEL A PM 53-6 SEC 24/6/11 52.64 024-370-029-000 NorthRes 1.00 YAM COL #2 LOT 1 POR LOT 6 52.64 047-090-003-000 NorthCom 5.52 LIV COL #1 W1/2 LOT 17&18 63.14 047-090-004-000 NorthCom 5.64 LIV COL #1 E1/2 LOT 17&18 64.52 047-090-007-000 NorthCom 8.73 LIV COL #2 POR LOT 35-37 99.86 047-090-020-000 NorthCom 3.90 POR W 1/2 SEC 23/6/11 44.60 047-090-025-000 NorthCom 7.17 POR PAR 1 PM 1-11 ETC 14&23/6/11 82.02 047-090-037-000 NorthCom 9.87 LIV COL #1 LOT 20 POR 19 SEC 23/6/11 112.90 047-100-025-000 NorthCom 438.60 NEW NCDC FOR FOSTER FARMS 5,017.58 047-100-033-000 NorthCom 417.60 LIV COL #2 LOT 38 ETC 4,777.34 047-100-046-000 NorthRes 1.59 POR W1/2 OF SW1/4 SEC 23/6/11 83.68 047-280-020-000 SouthRes 1.00 POR PARCEL 1 PM 48-47 SEC 36/6/11 52.64 047-280-021-000 SouthRes 1.00 POR PARCEL 1 PM 48-47 SEC 36/6/11 52.64 047-280-029-000 SouthRes 4.86 LIV LD COL SUB #1 POR LOT 89 255.82 047-310-019-000 SouthRes 1.00 LIV LD COL SUB #2 POR LOT 90 52.64 047-310-020-000 SouthRes 1.00 PARCEL 1 PM 8-21 SEC 35/6/11 52.64 047-310-025-000 SouthRes 1.00 LIV LD COL SUB #2 POR LOT 91 52.64 047-310-026-000 SouthRes 1.00 LIV LD COL SUB #2 POR LOT 91 52.64 047-310-027-000 SouthRes 1.00 LIV LD COL SUB #2 POR LOT 91 52.64 047-310-038-000 SouthRes 1.00 POR PARCEL A PM 25-6 SEC 35/6/11 52.64 047-310-064-000 SouthRes 0.88 PARCEL 3 SEC 35/6/11 46.26 047-310-065-000 SouthRes 0.92 PARCEL 4 SEC 35/6/11 48.48 047-310-066-000 SouthCom 8.76 PARCEL 1 LIV LD COL SUB #2 POR LOT 90 100.20 047-310-067-000 SouthCom 0.35 PARCEL 2 PM 8-21 SEC 35/6/11 4.04 047-460-001-000 NorthCom 293.40 POR W 1/2 SEC 23/6/11 3,356.48 047-460-003-000 NorthCom 121.20 LIV COL #1 POR LOTS 23 & 24 1,386.52 047-460-004-000 NorthCom 115.20 LIV COL #1 POR LOTS 23 & 24 1,317.88 047-595-001-000 SouthRes 49.00 LIV LD COL SUB #2 POR LOT 91 2,579.36 X024-153-003-000 DowntownCom 0.08 LIV RLTY CO ADD POR BLK 17 0.88 X024-153-011-000 DowntownCom 1.56 LIV RLTY CO ADD POR BLK 17 17.84 X024-154-005-000 DowntownCom 6.00 LIV RLTY CO SUB POR LOT 1&2 68.64 X047-090-036-000 NorthCom 0.72 LIV COL #1 POR LOT 19 SEC 23/6/11 8.22 Zone Total EDUs Total Charge
Central Residential 526.64 27,722.12
Downtown Commercial 113.08 1,293.62
North Commercial 2,042.43 23,365.44
North Residential 385.96 20,316.92
South Commercial 49.25 563.42
South Residential 766.43 40,345.00
Total 3,883.79 113,606.52
Willdan Financial Services Page 20 of 20

Page 256 of 356 ends

Page 1 of 3 ends

STAFF REPORT
AGENDA ITEM: Adopt a Resolution (1) Authorizing the City Manager to Execute a Professional Service Agreement with Precision Emprise LLC, dba Precision Concrete Cutting (PCC) for the 2025 Sidewalk Trip Hazard Mitigation Phase 1 Project for a Total Project Amount Not to Exceed $31,144.66 and (2) Waive Formal Bidding Requirements as Outlined in Section 1-11-6 MEETING DATE: May 20, 2025
PREPARED BY: Anthony Chavarria, Director of Public Works REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to execute a professional service agreement with Precision Emprise LLC, dba Precision Concrete Cutting (PCC) for the 2025 Sidewalk Trip Hazard Mitigation Phase 1 Project for a total project amount not to exceed $31,144.66 and (2) waive formal bidding requirements as outlined in Section 1-11-6.

BACKGROUND:

In April 2024, Staff secured the services of Precision Concrete Cutting (PCC) to perform a comprehensive sidewalk trip hazard assessment. A tripping hazard is defined as any panel uplift between one-half inch and two inches in height and caused by a number of factors such as age, weather, subsurface conditions, or tree roots. The areas that were inspected are as follows: Arakelian Park, City Hall/P.D./Fire, Court Yard Plaza, Frederick Worden Park, Hammatt-from Olive Ave. to Walnut Ave., Joseph Gallo Park, Lucero Park, Max Sports Complex, Memorial Park, Singh Park and Winton-F St. to Peach. There were 487 Offset repairs, 26 R&Rs and 164 ATTN identified for a total of 677 tripping hazards.

The City typically inspects and repairs sidewalks on an informal or as-needed basis but, will be transitioning the repairing of sidewalks as part of a larger capital improvement project. Staff researched ways to mitigate these sidewalk issues. A cost-effective method to mitigate sidewalk tripping hazards is cutting the vertical displacement in a manner that is safe and ADA-compliant. Precision Concrete Cutting (PCC) performs these types of sidewalk repairs using patented saw cutting equipment. Using their specialized tools, they are able to implement a precise method for removing only damaged concrete, reducing the risk of over-cutting and unnecessary repairs. This method saves on materials, labor, and time, leading to quicker project completion and less public disruption. It also creates clean, straight edges that are safer for pedestrians, reducing the risk of tripping hazards and potential liabilities. As PCC holds the special patent on the concrete cutting equipment, they have been deemed a sole source for providing this type of sidewalk repair.

In September 2024, PCC completed 81 Offset repairs at Joseph Gallo Park. Staff requested a cost estimate from PCC for the remaining 406 Offset repairs of the tripping hazards in the areas at Arakelian Park, City Hall/P.D./Fire, Court Yard Plaza, Frederick Worden Park, Hammatt-Olive Ave., Joseph Gallo Park, Lucero Park, Max Sports Complex, Memorial Park, Singh Park and Winton-F St. to Peach using this unique saw-cutting method, which provides for the gentlest transition between repaired panels.

Page 257 of 356 ends

Page 2 of 3 ends

PCC' s cost estimate of $31,144.66 includes fixing all tripping hazards and creating and maintaining a historical database of sidewalk hazard locations and repair work.

The cost for traditional R&R repair is estimated to be $400,000 and PCC has estimated the total cost for Phase 1 to be $37,000. With 90% cost savings, PCC is 10.8x more cost effective than traditional R&R.

PCC will also assess and survey Main St. from Peach Ave. to Swan St., Robin from Lilac to “F” Street and “F” Street from Robin to Winton Parkway for Phase 2 of the Sidewalk Trip Hazard Mitigation Project during FY 25/26.

PCC also offers a built-in service to build and maintain a GIS-based database of sidewalk inspections and repairs. GIS software allows for precise mapping and documentation of sidewalk conditions, leading to accurate assessments and better repair planning. It centralizes data for informed decisionmaking, uses historical data to predict future maintenance, and optimizes resource allocation, which reduces long-term costs.

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.

Sole Source
Precision Concrete Cutting (PCC) qualifies for sole source procurement based on its exclusive combination of patented sidewalk repair technology and integrated GIS-based asset management system, which are not commercially available from other providers. PCC holds eight patents issued by the U.S. Patent and Trademark Office for its proprietary horizontal saw-cutting methods, which enable precise, ADA-compliant removal of sidewalk trip hazards without requiring full panel replacement. This method uniquely achieves a uniform taper across vertical displacements, ensuring compliance with ADA cross-slope and running slope requirements while preserving adjacent infrastructure. PCC’s patented system also includes advanced silica dust suppression, capturing up to 90% of particulates during the cutting process—critical for minimizing disruption in residential and commercial zones.

PCC further distinguishes itself through a GIS-based platform that captures sidewalk conditions, measurements, photos, and repair history in real time, providing a searchable database that supports ADA Title II program accessibility mandates, PROWAG recommendations, and long-term asset management. No other contractor offers this level of technical integration, data transparency, or documented regulatory compliance. PCC’s services have been utilized by over 100 cities across California and have demonstrated cost savings of 70–90% compared to full concrete replacement.

Given the exclusivity of PCC’s eight U.S. patents, its proprietary GIS-integrated technology, and the significant operational, legal, and compliance risks associated with dividing this work among multiple vendors, PCC meets the criteria for a sole source award under municipal procurement guidelines.

Page 258 of 356 ends

Page 3 of 3 ends

Staff recommends using PCC as a sole-source contractor for current and future annual sidewalk repair work due to their unique combination of patented tools and database software, which will streamline the execution and tracking of sidewalk: repairs. In summary, PCC will:
• Repair a total of 406 sidewalk uplifts with uplift dimensions of ½" (minimum) to 2" (maximum) within the City of Livingston using saw cutting methods at Arakelian Park, City Hall/P.D./Fire, Court Yard Plaza, Frederick Worden Park, Hammatt- from Olive Ave. to Walnut Ave., Joseph Gallo Park, Lucero Park, Max Sports Complex, Memorial Park, Singh Park and Winton-F St. to Peach.
• Input of all repair and inspection data into ArcGIS system • Manage repair database in ArcGIS.

FISCAL IMPACT:
$31,144.66 will be expended from the approved Fiscal Year 2024/2025 budget from the Measure V 80% Fund (1221-105-7530).

ATTACHMENTS:

1. Resolution No. 2025-

2. Professional Service Agreement for Precision Emprise LLC, dba Precision Concrete Cutting (PCC)

Page 259 of 356 ends

01424.0001/1064531.1 Page 1 of 3
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) AUTHORIZING

THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH PRECISION EMPRISE LLC, DBA PRECISION CONCRETE CUTTING (PCC) FOR THE 2025 SIDEWALK TRIP HAZARD MITIGATION PHASE 1 PROJECT FOR A TOTAL PROJECT AMOUNT NOT TO EXCEED $31,144.66 AND (2) WAIVE FORMAL BIDDING REQUIREMENTS AS OUTLINED IN SECTION 1-11-6
WHEREAS, in April 2024, staff secured the services of Precision Concrete Cutting (PCC) to perform a comprehensive sidewalk trip hazard assessment; and WHEREAS, the areas that were inspected are as follows: Arakelian Park, City Hall/P.D./Fire, Court Yard Plaza, Frederick Worden Park, Hammatt-from Olive Ave. to Walnut Ave., Joseph Gallo Park, Lucero Park, Max Sports Complex, Memorial Park, Singh Park and Winton-F St. to Peach; and
WHEREAS, there were 487 Offset repairs, 26 R&Rs and 164 ATTN identified for a total of 677 tripping hazards; and
WHEREAS, the City typically inspects and repairs sidewalks on an informal or as-needed basis but, will be transitioning the repairing of sidewalks as part of a larger capital improvement project; and
WHEREAS, staff researched ways to mitigate these sidewalk issues and a cost-effective method to mitigate sidewalk tripping hazards is cutting the vertical displacement in a manner that is safe and ADA-compliant; and
WHEREAS, Precision Concrete Cutting (PCC) performs these types of sidewalk repairs using patented saw cutting equipment; and
WHEREAS, as PCC holds the special patent on the concrete cutting equipment, they have been deemed a sole source for providing this type of sidewalk repair; and WHEREAS, in September 2024, PCC completed 81 Offset repairs at Joseph Gallo Park and staff requested a cost estimate from PCC for the remaining 406 Offset repairs of the tripping hazards in the areas at Arakelian Park, City Hall/P.D./Fire, Court Yard Plaza, Frederick Worden Park, Hammatt-Olive Ave., Joseph Gallo Park, Lucero Park, Max Sports Complex, Memorial Park, Singh Park and Winton-F St. to Peach using this unique saw-cutting method, which provides for the gentlest transition between repaired panels; and
WHEREAS, PCC' s cost estimate of $31,144.66 includes fixing all tripping hazards and creating and maintaining a historical database of sidewalk hazard locations and repair work; and WHEREAS, PCC will also assess and survey Main St. from Peach Ave. to Swan St. and Robin from Lilac to “F” Street for Phase 2 of the Sidewalk Trip Hazard Mitigation Project during FY 25/26; and
WHEREAS, the Livingston Municipal Code requires formal bidding procedures for all purchases over $10,000 unless the formal bidding process is undesirable, impossible, unavailing, or

Page 260 of 356 ends

01424.0001/1064531.1 Page 2 of 3
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; and WHEREAS, PCC meets sole source criteria justification due to their combination of patented tools and integration of a GIS-based database being unique in the industry and there are no other contractors that can replicate the precision of saw cutting methods or the comprehensive assessment and tracking capabilities provided by PCC; and WHEREAS, staff recommends using PCC as a sole-source contractor for current and future annual sidewalk repair work due to their unique combination of patented tools and database software, which will streamline the execution and tracking of sidewalk repairs; 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 (1) authorizing the City Manager to execute a professional service agreement with Precision Emprise LLC, dba Precision Concrete Cutting (PCC) for the 2025 Sidewalk Trip Hazard Mitigation Phase 1 Project for a total project amount not to exceed $31,144.66 from the approved Fiscal Year 2024/2025 Measure V 80% Fund (1221-105-7530).

Section 2. Waive formal bidding requirements as outlined in Section 1-11-6 due to PCC meeting sole source criteria justification due to their combination of patented tools and integration of a GIS-based database being unique in the industry.

Section 3. Authorizing the City Manager to execute all required documents in a form approved by the City Attorney.

Section 4. 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 20th day of May 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
of City of Livingston

Page 261 of 356 ends

01424.0001/1064531.1 Page 3 of 3
ATTEST
Monica Cisneros, Deputy City Clerk

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

Page 262 of 356 ends

01222.0001/643601.1 1

CITY OF LIVINGSTON

CONTRACT PRPOFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into on June 3, 2025, by and between the CITY OF LIVINGSTON, a municipal corporation (“City”) and Precision Emprise LLC, dba Precision Concrete Cutting (herein “Consultant”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.5 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of Thirty-One Thousand, One Hundred Forty-Four Dollars and Sixty-Six Cents ($31,144.66) (“Contract Sum”).

Page 263 of 356 ends

2 2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the

Page 264 of 356 ends

3 fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for one (1) additional one-year term.]

4. COORDINATION OF WORK

4.1 Representative of Consultant. Joseph Ortega is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Anthony Chavarria [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

Page 265 of 356 ends

4 5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Page 266 of 356 ends

5 (b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Page 267 of 356 ends

6 (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified

Page 268 of 356 ends

7 Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.

Page 269 of 356 ends

8 (d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. section 101, such documents and materials are hereby deemed “works made for hire” for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Merced, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California.

7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or

Page 270 of 356 ends

9 different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

Page 271 of 356 ends

10 8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Livingston, 1416 C Street, Livingston, CA 95334, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

8.8 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

Page 272 of 356 ends

11 8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]

Page 273 of 356 ends

12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF LIVINGSTON, a municipal
corporation

Jose A. Moran, Mayor
ATTEST:

Monica Cisneros, Assistant to City Manager/
Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Roy C. Santos, City Attorney
CONSULTANT:

Precision Emprise LLC, dba Precision____
Concrete Cutting _____
By:

Name: Joseph Ortega
Title: Vice President
By:

Name:

Title:

Address:

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

Page 274 of 356 ends

01222.0001/643601.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA
COUNTY OF _________________
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
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.

Page 275 of 356 ends

□
□
□ □
□
□
□
□
□
01222.0001/643601.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

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

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

Page 276 of 356 ends

□
□
□ □
□
□
□
□
□
01222.0001/643601.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. The consultant will perform the following services:

A. Sidewalk Assessment and Data Collection
B. Slicing Uneven Sidewalk Repairs
C.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Repair uneven sidewalks up to 2”
B. GIS reporting including inspection reports and before and after site photographs C. Post Project Report
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:

A. Bi-weekly Project Report
B. Dataworks Right of Way Asset Management Software
C.

IV. All work products are subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. Project Manager
B. Assessment Technicians
C. Repair Technicians

Page 277 of 356 ends

01222.0001/643601.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
See attached specifications and rates

Page 278 of 356 ends

C-1
01222.0001/643601.1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:

Page 279 of 356 ends

Page 1 ends

~~1 F:517l1£ftau .....,,,,,W,,,H&tadlllrl'lorMI~
Date 3/20/25
PROPOSAL FOR "NOT TO EXCEED" AGREEMENT BETWEEN
CITY OF LIVINGSTON AND PRECISION CONCRETE Cl/TTlNG (PCC)

OVERVIEW
Uneven sidewalks caused by ground settling and tree roots cause a potential hazard to pedestrians.

Displaced sidewalks cause problems for both public and private entities in the form of trip and fall liability exposure.

It is proposed that the City of Livingston and PCC enter into an agreement whereby PCC will assess, and repair sidewalks (horizontal concrete saw cutting) as identified and requested by staff. The price for these services shall not exceed the dollar amount and quantity defined in the "-Proposal Detair section below.

BACKGROUND INFORMATION ON PRECISION CONCRETE CUTTING
PCC has been assessing and repairing sidew·.alks since 1990. The company performs work throughout the United States and with dozens of cities in California.

PCC is the leader in sidewalk asset management. We specialize in assessing sidewalk infrastructure and repairing uneven sidewalks. Our unique saw-cutting method for correcting off-set sidewalk panels leaves behind ADA compliant results for a fraction of the cost of new concrete. Our clients benefit from detailed GIS maps that allow them to create a GIS databas:e to cost effectively manage their sidewalk infrastructure.

ASSESSMENT SERVICES
PCC technicians will walk every panel in the project area and visually assess potential tripping hazards and damage. PCC will provide a GIS compatible report that lists each location identified including a photo. exact location, off-set height and square foot amount for replacement locations.

PROPRIETARY MOBILE PHONE SOFTWARE
PCC has developed proprietary mobile software usable across multiple platforms (Android, iPhone, iPad, Smart Phone, etc.)
Provides GPS Coordinates - Integrates with GIS systems
• Mapping - Provides detailed location data plotted with Google Maps • Detailed Reporting - Provides specific and detailed data on measurements for every trip hazard • Addresses - The software gives the address and longitude/ latitude of each trip hazard location • Additional Data - Records other data, e.g. , spalling, cracks, replacements or other data you need Sidewalk Asset Management - PCC offers complete sidewalk asset management

PROPRIETARY AND PATENTED REPAIR METHOD
To Date, PCC has been awarded 8 patents by the US Patent and Trademark Office on our trip hazard removal equipment and process. The following is each patent description and number where they can be reviewed on the US Patent office web site - www.uspto.gov Precision Emprise. UC I CSLS # 1032474 I 417 Harrison St, Oakland. CA 946071 Tel 650-867-8657 1 Fax650-240-38661 [email protected] 01222.0001/643601.1

Page 280 of 356 ends

Page 2 ends

6,827,074. Hub and tfade corrbina5on patent
6,896.604 • Oust hood patent
7,000.606 . Cutting appairatus and broadening pat-snt
7, 143,7&)- Method pa:ent
7,201,644 • Variations and bro.adeninQ patent

7. 402.095 • Extended nahods pat-snt
9,759,559 • S1and up ~ ..asuing gauge d~ ized readoul

9. 494. 407 • S1and up ~ ..aslJl'ing ga,Jge

PROPOSAL DETAILS
Contract amount Total charge for services rendered shall not exceed: $31,144.66 Sidewalk Repair Billing Units: Services are billed in ~Inch Feet". An inch foot is calculated by measuring the average height of the sidewalk off-set and multiplying this average by the length of the cut. Example: A sidewalk off-set on a 4-foot-wide sidewalk that ccnsists of a 0.5" rise on one side, and tapers down to a zero rise on the other is calculated as follows:

0.5" +O" x 4ft = 1 inch-foot
2 Unit Price for sidewalk shaving: $52.25 per inch foot Streets with Sidewalks to be repaired:

Bfpair Jtahl\' • Open°' Not Reqve;tecl • Scheduled or In Ptogre» • Noc Completed • Com~ted 01222.0001/643601.1

Page 281 of 356 ends

Page 3 ends

LIMITATIOJIS
PCC remo\16 only those trip ha:ards specifically reqt.t:S1ed or awroved b)' cus1omers. and tlterefore makes no guarantee or representa1ion thal areas are free of trip t\azatds after lhe work is OClnl)letecl. In adcfition, POC only performs oeliain trip t\azatd repairs..

Among other things, PCC does f'IOi remove and replace sidewalk slabs (R&Rs) and does not repair certain ATTNs (e.g. U'!iliry toxo:s). F1.11 th:rmJ,,.., tu ,.m:,:,,:rw ~i•=ub ' l.lW\,l""l PCC lyl)il.;..illy ,Ju= 11vt v,:1rv111, 011y . ... 1) .. dt 011,J CIIWII\J ell')' :.iu ........ D. •1.1~ lh o11 , ... 4uir1: t!J la:, replaced. 11 is our customers· responsibility to provide proper aeo:ss and PCC assl.lrTl:s no liability for tJ1) hazards that cannot be repaired due to parked vehicles :ir olher o~"tades preventing safe and practical aooess. In such cases. PCC returns once to 3ttempt oom~6on of repairs that could 10t be completed the fws1 tWT'I'?. Adcitionalty, ~ is reoo,anized tllat after OClnl)letion of the wort(, the ooncrete trip hazards may and ftiequendy do continue 10 move naturall'f owr tine die to roots, w;;ier. freezing. pipes, and olher natural or man-made causes. POC is n« responsiJle for moo.anent or changes f'I the side.walk and rs not iab~ for arry rel;;ied claims, losses, dam.ages or liabili6es thereto pertaining to it.

Precision Concrete Ctlffin•J is committed to providing the highest quality service to our customers. Should }OU have any questions or comments, please do not hesitate to contact us.

PCC REPRESENTATIVE: YOUR REPRESENTATIVE:
x _________ _
01222.0001/643601.1
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

VI. Consultant’s billing rates for all personnel are attached as Exhibit C-1.

Page 282 of 356 ends

D-1
01222.0001/643601.1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

Days to Perform Deadline Date
A. Task A Sidewalk repair
phase 1
45 working days
_______
B. Task B _Sidewalk
Assessment
_____________
_30 days
_________
C. Task C Sidewalk Repair
Phase 2_____
45 working days
_____
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A. Repair uneven sidewalks
B. GIS report and high resolution before/after sites photographs C. Post Project Report
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

Page 283 of 356 ends

Page 1 of 2 ends

STAFF REPORT
AGENDA ITEM: Request from Livingston B Street, L.P. (Self Help Enterprises) for the Deferral of Development Impact Fees for the River Glen 80-unit Affordable Housing Project at 400 B Street
MEETING DATE: May 20, 2025
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Adopt a Resolution approving a City of Livingston Residential Development Impact Fee Deferral Covenant with Livingston B Street, L.P. for the River Glen Apartment Project.

BACKGROUND AND DISCUSSION:

On March 4, 2025, City staff received a letter from Heather Mendonca, Assistant Director of SelfHelp Enterprises requesting the City’s development impact fees for the proposed River Glen Project – an 80-unit affordable housing development located at 400 B Street be deferred from time of building permit issuance to Certificate of Occupancy, see Attachment 1. Self-Help Enterprises is the general partner of Livingston B Street, L.P., who is currently in the process of purchasing the property.

Development impact fee deferrals for qualifying low-income residential projects such as this project are mandatory upon request as i) the project will provide well over 49% of its units for lower income households; and ii) the project is covered by recently-enacted fee deferral provisions because the project is a “designated residential project.” under SB 937. While deferral is mandatory, the City can require a deferral agreement of limited scope, which is proposed for adoption. Consistent with State requirements, under the Agreement the fees will be deferred until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first. The Agreement will be recorded against the property and a release of the obligation will be filed when the fees are paid. Note that due to financing considerations that building permit(s) will be issued prior to the recording of the developer’s construction loan and the recording of the Agreement.

On May 31, 2024, the proposed project received Ministerial Approval from the City per AB 2011:

The Affordable Housing and High Road Job Act of 2011, see Attachment 2.

The project site will be developed with 6 two-story and 4 three-story buildings for a total of 80 dwelling units. The units will be developed as one, two and three-bedroom units to serve working families, seniors, individuals, and families at risk of homelessness. The project includes an approximately 3,026 square foot community center which will provide office space for the full-time on-site manager and resident services staff. In addition, the project will include battery storage technology and heating and cooling systems that allow the project to exceed energy requirements. Related on-site improvements include parking, cinderblock waste enclosures, landscaping, concrete walkways, and underground utilities.

Page 284 of 356 ends

Page 2 of 2 ends

FISCAL IMPACT:

No Fiscal Impact
ALTERNATIVES:

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

ATTACHMENTS:

1. City Council Resolution approving a City of Livingston Residential Development Impact Fee Deferral Covenant with Livingston B Street, L.P. for the River Glen Apartment Project. (Covenant attached as exhibit.)

2. Letter dated March 4, 2025, from Heather Mendonca, Assistant Director of Self-Help Enterprises requesting the development impact fees for the proposed River Glen Project – an 80-unit affordable housing development located at 400 B Street (Attachment 1).

3. City Letter dated May 31, 2024, a Ministerial Approval of the Livingston B Street Project under AB 2011, the Affordable Housing and High Road Job Act of 2011 (Attachment 2).

4. Agreement

Page 285 of 356 ends

RESOLUTION 2025-___

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

OF LIVINGSTON RESIDENTIAL DEVELOPMENT IMPACT FEE DEFERRAL COVENANT WITH LIVINGSTON B STREET, L.P. FOR THE RIVER GLEN APARTMENT PROJECT.

WHEREAS, on March 4, 2025, City staff received a letter from Heather Mendonca, Assistant Director of Self-Help Enterprises, the general partner of Livingston B Street, L. P., requesting the City’s development impact fees for the proposed River Glen Project – an 80-unit affordable housing development located at 400 B Street be deferred from time of building permit issuance to Certificate of Occupancy; and
WHEREAS, on May 31, 2024, the proposed project received ministerial approval from the City per AB 2011: The Affordable Housing and High Road Job Act of 2011; and WHEREAS, LMC Section 4-4-5 - Payment of Charge requires that municipal facilities charges to be paid shall be due and payable upon issuance by the city of a building permit; and WHEREAS, California Government Code Section 66007 requires qualifying projects such as this one to defer of development impact fees until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first; and.

WHEREAS, the applicant has secured financial assistance for the development of the project and any cost savings to the project will assist in its development; and WHEREAS, the City Council now desires to approve the fee deferral request by entering into an agreement with Livingston B Street, L.P. for the same.

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

1. The City Council approves a “City of Livingston Residential Development Impact Fee Deferral Covenant with Livingston B Street, L.P.” (“Covenant”) with Livingston B. Street, L.P. for the River Glen Apartment as attached as Exhibit “A,” and defers the development impact fees consistent with the provisions thereof.

2. Upon satisfaction of the requirements of the Covenant, the City Manager is authorized to record a release of the obligation, containing a legal description of the property, in the event the obligation is paid in full, or a partial release in the event the fee or charge is prorated as may be authorized by Government Code section 66007(a).

I hereby certify that the foregoing Resolution No. 2025– ___ is a full, true, and correct copy a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 20th day of May 2025, by the vote recorded as follows:

Page 286 of 356 ends

-
AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
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

Page 287 of 356 ends

A Nonprofit Housing and Community Development Organization Main Office: 8445 W. Elowin Court · P.O. Box 6520 · Visalia, CA 93290 · Phone (559)651-1000 · Fax (559)651-3634 ________________________________________________________________________________________________________________ [email protected] · www.selfhelpenterprises.org March 4, 2025
Happy Bains
Assistant City Manager
1416 C Street,
Livingston, CA 95334
RE: Request for Fee Deferral: River Glen Project – 80-unit Affordable Housing Development Dear Mr. Bains:

Self-Help Enterprises (SHE) is currently working to develop the 80-unit affordable rental community known as “River Glen”. River Glen is located at the corner of Winton Parkway and B Street in Livingston and the project will be under construction by June 2025.

SHE formerly requests the development impact fees for this project be deferred until completion of construction, and the payment of the fees be required prior to obtaining a certificate of occupancy.

Government Code Section 66007 provides the authority for the City to defer payment of the fees until certificate of occupancy. Deferral of the fees assists the project because the project will not be required to pay interest on the expense over the course of construction. Since the units will not be constructed or occupied, the impacts will not be in place until the certificate of occupancy is obtained.

This request also falls in line with The City of Livingston’s current draft Housing Element for the years 2024-2032. Within Program 16 – Permitting Fees: " As development applications are received, the City may consider the waiver of development impact fees for new housing developments affordable to extremely low-, very low-, and moderate-income households.” We are excited about the opportunity to work with the City of Livingston to provide safe and decent affordable housing opportunities for the residents of Livingston.

If you have any questions or would like to discuss this request in more detail, please contact me at [email protected] or (559) 802-1589.

Sincerely,
Heather Mendonca
Assistant Director, Real Estate Development
Attachment 1

Page 288 of 356 ends

A. A.. Ne1ghboiWorks• C HAaTtaco M l M Bl:R
May 31, 2024
Ms. Betsy McGovern-Garcia, Vice President
Self-Help Enterprises
P.O. Box 6520
Visalia, CA 93290
VIA EMAIL: [email protected]
RE: Ministerial Approval of AB 2011 Affordable Housing Development – Livingston B Street Project Dear Ms. McGovern-Garcia:

On December 11, 2023, the City of Livingston received an application and development plan ("Application") for the project located at the southeast corner of Winton Parkway and B Street (APNs 022-010-021, 022-010-023) (the “Project”) pursuant to Section 65912.100 et seq. of the Government Code, as enacted by the Affordable Housing and High Road Jobs Act of 2022 ("AB 2011") for by-right ministerial approval of your 80-unit affordable housing project. The project site is designated Community Commercial (CC) and zoned Commercial Community (C-2) and is currently vacant.

The Project application requests approval for a 80-unit new affordable rental community. The project site will be developed with 6 two-story and 4 three-story buildings for a total of 80 dwelling units. The units will be developed as one, two and three-bedroom units to serve working families, seniors, individuals, and families at risk of homelessness. The project includes an approximately 3,026 square foot community center which will provide office space for the full-time on-site manager and resident services staff. In addition, the project will include battery storage technology and heating and cooling systems that allow the project to exceed energy requirements. Related on-site improvements include parking, block waste enclosures, landscaping, concrete walkways, and underground utilities.

City of Livingston had 60 days from the date of submittal (i.e., until February 9, 2024) to complete its review of the Project’s compliance with AB 2011’s criteria, and 90 days from the date of submittal (i.e., until March 11, 2024) to complete any design review. Gov Code § 65912.114(a), (b), (e). Since no written determination to the applicant setting forth any reason that the Project failed to meet any applicable AB 2011 standards within those timeframes, the Project is deemed to meet all applicable standards as matter of law. Gov. Code § 65912.114(b). Approval of the Project is a “ministerial” act, Gov. Code §§ 65912.110, 65912.111, 65912.112, 65912.113(e), which is not subject to the California Environmental Quality Act, Pub. Res. Code § 21080(b)(1).

City of Livingston
1416 C Street
Livingston, CA 95334
Phone: (209) 394-8041
www.livingstoncity.com
Community Development Department
Gary Conte, AICP
Community Development Director
Phone: (209) 394-5510 Ext. 123
[email protected]
Attachment 2

Page 289 of 356 ends

Ms. Betsy McGovern-Garcia
May 31, 2024
Livingston B Street Project
Ministerial Approval of AB 2011 Affordable Housing Development

Page 2 of 2 ends

Accordingly, your request for ministerial approval of the Project pursuant to AB 2011 is APPROVED in accordance with the Application.

Please note that after ministerial approval post-entitlement phase permits are required for the Project, as is compliance with the applicable building and fire codes. Among others, the City does not currently have a fire truck with a ladder capable of serving a residential structure three stories or greater in height, and the City has a lack of adequate water supply and pressure. We look forward to continuing to work with Self-Help Enterprises to address these items going forward.

Please feel free to contact me should you have any questions regarding the City's building permit submittal and review process.

Very truly yours,
Gary Conte, AICP
Community Development Director
City of Livingston
cc: Heather Mendonca, Self-Help Enterprises via email: [email protected] Sophia Mossman, Self-Help Enterprises via email: [email protected] Christopher Lopez, City of Livingston via email: [email protected] Martha Abeloe, City of Livingston via email: [email protected] Roy Santos, Aleshire & Wynder via email: [email protected] Shannon Chaffin, Aleshire & Wynder via email: [email protected]

Page 290 of 356 ends

01424.0006/1065965.2
RECORDING REQUESTED BY:

WHEN RECORDED RETURN TO:

CITY OF LIVINGSTON
1416 C Street
Livingston, CA 95334
ATTN: CITY CLERK
Exempt from recording fee, per Government Code § 6103 SPACE ABOVE THIS LINE FOR RECORDER’S USE

CITY OF LIVINGSTON RESIDENTIAL DEVELOPMENT

IMPACT FEE DEFERRAL COVENANT
[River Glen Apartment Project]

THIS CITY OF LIVINGSTON RESIDENTIAL DEVELOPMENT IMPACT FEE DEFERRAL COVENANT (“Agreement”) is made and entered into this _____ day of May, 2025 (“Effective Date”) by and between the City of Livingston, a California municipal corporation (“City”), and Livingston B Street, L.P., a California Limited Partnership (“Developer”).

RECITALS
A. This Agreement relates to certain real property at 400 B Street in the City of Livingston, which is more particularly described in Exhibit A, attached hereto and incorporated herein (“Property”).

B. Developer is proposing to build an 80-unit affordable rental community known as “River Glen” (“Project”) at the Property site. The Property is currently owned by Developer.

C. The Project was ministerially approved by the City consistent with State law, resulting in the issuance of Building Permit No. 2024-0234(“Permit”).

D. Owner has applied to the City for building permits for a residential project to perform the following work on the Property: (“Building Permits”).

E. City imposes development impact fees as a condition of issuing building permits. However, as applicable to this particular residential Project Government Code section 66007 allows for deferral of development impact fees until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first, upon request of the Developer.

F. Developer has requested to defer payment of development impact fees associated with the Project until completion of construction, with payment required prior to obtaining a certificate of occupancy.

G. As a requirement for deferring payment of development impact fees beyond the date that building permits are issued, and as a condition of receiving a building permit without paying development impact fees that would otherwise be required for issuance of such permit, building permits have been issued and the City requires the Developer to enter into this Agreement to pay the deferred development impact fees prior to receiving a certificate of occupancy.

Page 291 of 356 ends

01424.0006/1065965.2 -2- Rotorcraft Fee Deferment Agreement H. City and Developer now desire to enter into this Agreement.

AGREEMENT
For valuable consideration, which each Party acknowledges, the City and Developer agree as follows:

1. Recitals. The foregoing Recitals are incorporated herein by reference.

2. Deferral of Certain Development Impact Fees from Building Permit Issuance.

Development Impact Fees. Any development impact fees or charges for the construction of public improvements or facilities for the Project shall not be required to be paid to the City until either the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first. The amount of the fees and charges shall be the same amount as would have been paid had the fees and charges been paid in accordance with the City’s fee schedule in effect at the time of the issuance of the relevant building permit(s); no interest shall be charged on any deferred fee amount.
i. Other Fees. Notwithstanding the foregoing, the Parties agree that all fees regularly collected by the City at building permit issuance for other agencies (“Non-City Fees”), if any, and all City connection and other fees, other than deferred impact fees, are due as applicable on issuance of the building permit or as otherwise applicable for the Project. The Parties agree that utility service fees related to connections may be collected by the City at the time an application for service is received.

3. Building Permit Issuance. The Developer has represented that it is purchasing the Property, and that this Agreement will be recorded immediately after the closing of Developer’s construction loan.

In order to meet Developer’s underwriting requirements, Developer is requesting Building Permits be issued prior to the construction loan closing. However, building permits are not issued unless to the Property owner or authorized representative, and as of the Effective Date of this agreement the Developer does not own the Property. As a result, the Parties agree that Building Permit(s) may be issued prior to the recording of this Agreement if Developer will first provide documentation to the City from the owner of the Property authorizing issuance of Building Permits. However, Developer acknowledges and agrees that regardless of the issuance of any Building Permit, no Certificate of Occupancy will be issued until payment of impact fees and charges have been made by Developer as set forth in Section 2.

4. Retention of Overall Obligation. Developer acknowledges and agrees that the postponement of the payment of the development impact fees does not eliminate Developer’s obligation to pay the deferred development impact fees. Should Developer fail to pay the City any deferred development impact fees when due the City may: refuse to issue the Certificate of Occupancy for the Project or any component thereof, refuse to undertake additional inspections or issue permits for the Project or any component thereof, file a breach of contract lawsuit against Developer, revoke permits or entitlements under which construction is undertaken for the Project, or take any other action authorized by law or equity.

5. Term. The term of this Agreement will commence upon approval by the City and will extend until Developer has paid all of the deferred development impact fees. However, should Developer fail to obtain the building permit within 120 days of the effective date of this Agreement, this Agreement shall terminate. In such case Developer shall no longer have the option to defer development impact fees.

All indemnification obligations provided in this Agreement shall remain in effect following the termination or expiration of this Agreement.

Page 292 of 356 ends

01424.0006/1065965.2 -3- Rotorcraft Fee Deferment Agreement

6. Release. The City Designated Representative is authorized to record a release of the obligation, containing a legal description of the Property, in the event the obligation is paid in full, or a partial release in the event the fee is prorated.

7. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successor of the City and Developer. This Agreement constitutes the entire Agreement between the City and Developer and supersedes all prior understandings and agreements between the Parties with respect to the subjects hereof. Developer may only assign its rights and obligations under this Agreement after receiving the express written consent of the City, which consent is in the City’s sole discretion.

8. Representatives of the Parties. City’s City Manager, or his or her designee, shall serve as City’s Representative and shall have the authority to act on behalf of City for all purposes under this Agreement. Developer designates Betsy McGovern-Garcia, to act as Developer’s Representative to the City. Developer’s Representative shall have the authority to act on behalf of Developer for all purposes under this Agreement and shall coordinate all activities required of the Developer under this Agreement.

Developer shall work closely and cooperate fully with City’s Representative in connection with the fulfillment of each party’s obligations under this Agreement.

9. Obligation Running With Land. This Agreement shall burden the Property described and constitute a covenant running with the land in favor of and for the benefit of City shall be binding upon the successors, transferees, and heirs of Subdivider. Developer consents to the recordation of this Agreement with the Merced County Recorder.

10. Limited Scope of Duties. City’s and Developer’s duties and obligations under this Agreement are limited to those described herein. City has no obligation with respect to any work performed on the Property or otherwise in connection with the Project.

11. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue is proper in the Superior Court of Merced County.

12. Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.

13. Time of Essence. Time is of the essence for each and every provision of this Agreement.

14. Headings. Article and section headings and paragraph captions contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.

15. No Joint Venture. This Agreement relates to impact fees only and nothing herein shall be construed to make City a party to the Project or to make City a partner or joint venturer with Developer for such purpose. City maintains no proprietary interest in the Project.

16. Compliance With the Law. Developer shall comply with all applicable laws, rules, and regulations governing the implementation of this Agreement.

17. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

Page 293 of 356 ends

01424.0006/1065965.2 -4- Rotorcraft Fee Deferment Agreement Developer: Livingston B Street, L.P.
8445 W. Elowin Court
P.O. Box 6520
Visalia, CA 93291
City: City of Livingston
Attn: City Manager
1416 C Street
Livingston, CA 95334
Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.

18. Integration; Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties.

19. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.

20. Conflicting Provisions. In the event that provisions of any attached exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the Agreement.

21. Counterparts. This Agreement may be executed in two or more counterparts. When each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and, when taken together with other signed counterparts, shall constitute one agreement which shall be binding upon and effective as to all Parties.
[SIGNATURES ON NEXT PAGE]

Page 294 of 356 ends

01424.0006/1065965.2 -5- Rotorcraft Fee Deferment Agreement IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the date first above written:

CITY:

CITY OF LIVINGSTON, CALIFORNIA,
a municipal corporation
*By:

Jose Moran, Mayor
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER
By:

Roy Santos, City Attorney
DEVELOPER:

Livingston B Street, L.P.,
a California limited partnership
By: SHE Livingston B Street LLC,
a California limited liability company, its
general partner
By: Self-Help Enterprises,
a California nonprofit public benefit
corporation, its sole member/manager
By: ___________________________
Thomas J. Collishaw,
President and Chief Executive Officer
By: ___________________________
Elizabeth (Betsy) M. Garcia,
Assistant Secretary
*Notarized signature required.

Exhibit A: Property Description

Page 295 of 356 ends

01424.0006/1065965.2 A-1
EXHIBIT “A”

PROPERTY DESCRIPTION
The land referred to is situated in the County of Merced, City of Livingston, State of California, and is described as follows:

Tract One:

Parcel B, as shown on the "Parcel Map for Livingston Community Health", recorded September 1, 2017 in Book 115 of Parcel Maps, Pages 48- 50, being a division of Parcel A, as shown on "Parcel Map for Yonan and Galvan", recorded July 28, 2008, Book 109 of Parcel Maps at Page 21-23, Merced County Records, lying in Section 26, Township 6 South, Range 1 East, Mount Diablo Base and Meridian.

APN: 022-010-021
Tract Two:

Parcel One:

Parcel C, as shown on the "Parcel Map for Livingston Community Health", recorded September 1, 2017 in Book 115 of Parcel Maps, Pages 48- 50, being a division of Parcel A, as shown on "Parcel Map for Yonan and Galvan", recorded July 28, 2008, Book 109 of Parcel Maps at Page 21-23, Merced County Records, lying in Section 26, Township 6 South, Range 1 East, Mount Diablo Base and Meridian.

Parcel Two:

A non-exclusive easement, as an appurtenance to Parcel One, above of said map (115 PM 48 ), for but not limited to ingress, egress, utilities, water, sewer, storm drainage and emergency vehicles access and rights incidental thereto, over, under and across that portion designated “Private Easement for the benefit of Parcel C” on said map.

APN 022-010-023

Page 296 of 356 ends

Page 1 of 2 ends

STAFF REPORT
AGENDA ITEM: Resolution Approving the First Amendment to Agreement for Use and Transactions Tax Services and Authorizing the City Manager to Execute the Amendment and Resolution Authorizing Examination of Use and Transactions Tax Records

MEETING DATE: May 20, 2025
PREPARED BY: Happy Bains, Finance Director/Assistant to City Manager REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends the adoption of the following resolutions:

1. Resolution No. 2025-___, approving the First Amendment to Agreement for use and transactions tax services and authorizing the City Manager to execute the Amendment.

2. Resolution No. 2025-___, authorizing examination of use and transactions tax records.

BACKGROUND:

Residents of the City of Livingston approved Measure L, which was on November 5, 2024, ballot.

Measure L is a one percent use and transactions special tax which is to be used for Public Safety Services.

In this regard Hinderliter de Llamas and Associates currently provide sales and use tax and economic analysis/revenue forecasting services. They have provided these services since January of 2007 and have a contract with the City of Livingston through December 31, 2027.

The services provided by Hinderliter de Llamas and Associates are invaluable in monitoring and tracking sales/use tax collected by businesses, revenue projections, economic trends locally and statewide and providing answers for sales tax questions that arise.

DISCUSSION:

The current agreement does not provide for services from Hinderliter de Llamas and Associates for the Measure L Transaction Tax.

Staff recommends approval of the First Amendment so that the same services can be received for Measure L taxes.

Page 297 of 356 ends

Page 2 of 2 ends

FISCAL IMPACT:

The fee is $300 per month. This will be in addition to the $400 a month currently charged. Funds for services provided by Hinderliter de Llamas and Associates are contained in the General Fund budget.

ATTACHMENTS:

1. Resolution No. 2025-____ First Amendment to Agreement

2. Resolution No. 2025-_____ Authorizing Examination of Use and Transactions Tax Records

Page 298 of 356 ends

Page 1 of 1 ends

RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING

THE FIRST AMENDMENT TO THE AGREEMENT FOR SALES AND USE

TAX/ALLOCATION AND AUDIT SERVICES ECONOMIC ANALYSIS/FORECASTING

AND RELATED SERVICES WITH HINDERLITER DE LLAMAS AND ASSOCIATES, A

CALIFORNIA CORPORATION
WHEREAS, on December 21, 2022, the City entered into an agreement for transaction tax services with Hinderliter de Llamas and Associates, a California corporation for Sales and Use Tax/Allocation and Audit Services Economic Analysis/Forecasting and Related Services.

WHEREAS, the City now desires to amend the agreement to include services for Transaction Tax -Measure L on Schedule A herein attached to the original agreement’s schedules.

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

1. The City Council hereby approves the First Amendment for Sales and Use Tax/Allocation and Audit Services Economic Analysis/Forecasting and Related Services with Hinderliter de Llamas and Associates, a California corporation (“First Amendment”), attached hereto as Exhibit A, and authorizes and directs the City Manager to sign the First Amendment on behalf of the City.

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

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

Page 299 of 356 ends

Page 2 of 2 ends

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

Page 300 of 356 ends

1 FIRST AMENDMENT TO THE MASTER SERVICES AGREEMENT
(Sales and Use Tax/Allocation and Audit Services Economic Analysis/Forecasting and Related Services)
This First Amendment to the Agreement for Use and Transactions Tax Services ("First Amendment") is entered into on the ____ day of , 2025, by and between the CITY of LIVINGSTON ("CITY") and Hinderliter de Llamas and Associates, a California corporation (“Consultant”). CITY and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

RECITALS
WHEREAS, on December 21, 2022, City and Hinderliter de Llamas and Associates entered into a Master Services Agreement for Sales and Use Tax/Allocation and Audit Services Economic Analysis/Forecasting and Related Services; and
WHEREAS, the City now desire to amend the agreement to include services for Transaction Tax -Measure L, Schedule A herein attached to the original agreement’s schedules; and

NOW, THEREFORE, the Parties hereby agree as follows:

2. Amendment to Schedule A. Schedule A, “SERVICES,” of the Agreement is replaced with the Attached Exhibit A to this First Amendment.

3. Entire Agreement. Except as expressly provided herein, all other terms and conditions of the Master Services Agreement between the City and Hinderliter de Llamas and Associates, dated December 21, 2022, shall remain in full force and effect.

4. Authority. The person signing this First Amendment for Hinderliter de Llamas and Associates hereby represents and warrants that he/she is fully authorized to sign this First Amendment on behalf of Hinderliter de Llamas and Associates and to bind Hinderliter de Llamas and Associates to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the date set forth above.

CITY OF LIVINGSTON,
a municipal corporation
By: _______________________________
Jose A. Ramirez, City Manager

Page 301 of 356 ends

2 ATTEST:

By: ___________________________
Monica Cisneros, Deputy City Clerk

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

HINDERLITER DE LLAMAS AND ASSOCIATES
By: ______________________________
Andrew Nickerson, President

Page 302 of 356 ends

3 SCHEDULE A
HINDERLITER de LLAMAS AND ASSOCIATES

FIRST AMENDMENT TO THE AGREEMENT FOR TRANSACTION TAX SERVICES DATED
DECEMBER 21, 2022

USE AND TRANSACTIONS TAX SERVICES

1. Transactions Tax and Economic Analysis/Forecasting Services/Reports

1.1. Consultant shall establish a database containing all applicable Department of Tax and Fee Administration (CDTFA) registration data for each business within the Measure “L” District boundaries holding a seller’s permit account. Said database shall also identify the quarterly transactions and use tax allocations under each account for the most current and previous quarters where available.

1.2 Consultant shall provide updated reports each quarter identifying changes in allocation totals by individual businesses, business groups and by categories. Quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, will also be identified. Quarterly reconciliation worksheets to assist finance officer with budget forecasting will be included.

1.3. Consultant shall advise and work with CITY Staff on planning and economic questions related to maximizing revenues, preparation of revenue projections and general information on transactions and use tax questions.

1.4. Consultant shall make available to CITY the HdL proprietary software program and Measure “L” database containing all applicable registration and quarterly allocation information for CITY business outlets registered with the Department of Tax and Fee Administration. The database will be updated quarterly.

2. Deficiency/Allocation Reviews and Recovery

2.1. Consultant shall conduct on-going reviews to identify and correct unreported transactions and tax payments and distribution errors thereby generating previously unrealized revenue for the City. Reviews shall include:

2.1.(a) Comparison of county-wide local tax allocations to transactions tax for brick and mortar stores and other cash register-based businesses, where clearly all transactions are conducted on-site within the Measure “L” City boundaries, and therefore subject to transactions tax.

2.1.(b) Review of any significant one-time use tax allocations to ensure that there is corresponding transaction tax payments for taxpayers with nexus within the City boundaries.

2.1.(c) Review of state-wide transactions tax allocations and patterns to identify any obvious errors and omissions.

2.1.(d) Identification and follow-up with any potentially large purchasers of supplies and equipment (e.g. hospitals, universities, manufacturing plants, agricultural operations, refineries) to ensure that their major vendors are properly reporting corresponding transactions tax payments to the Measure “L” Transactions Tax District.

Page 303 of 356 ends

4 2.2. Consultant will initiate, where the probability of an error exists, contacts with the appropriate taxpayer management and accounting officials to verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner so as to enhance CITY’s relations with the business community.

2.2.Consultant shall prepare and submit to the Department of Tax and Fee Administration all information necessary to correct any allocation errors and deficiencies that are identified and shall follow-up with the individual businesses and the California Department of Tax and Fee Administration to ensure that all back quarter payments due the CITY are recovered.

3. Consulting and Other Optional Services
Consultant may from time to time in its sole discretion, consult with City’s staff, including without limitation, regarding (i) technical questions and other issues related to sales, use and transactions tax, (ii) utilization of reports to enhance business license collection efforts, (iii) sales tax projections for proposed annexations, economic development projects and budget planning, (iv) negotiating/review of tax sharing agreements, (v) establishing purchasing corporations, (vi) meeting with taxpayers to encourage self-assessment of tax obligations, and (vii) other sales, use or transactions tax revenue-related matters.

FEES

4. Transactions Tax and Economic Analysis/Forecasting Services/Reports

4.1. Fees shall be paid $300 monthly billed quarterly for the transaction district tax reports that we include with the quarterly sales tax analyses. The monthly fee shall be invoiced quarterly in arrears and shall be paid by City no later than 30 days after the invoice date.

4.2. Consultant will increase the non-hourly Fees established above once a year with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”).

5. Allocation and Audit Recovery Services

5.1. Fees shall be paid 25% of the initial amount of new transactions or use tax revenue received by the City because of audit and recovery work performed by Consultant, (hereafter referred to as "audit fees"). New revenue shall not include any amounts determined and verified by City or Consultant to be increment attributable to causes other than Consultant’s work pursuant to this agreement. In the event, Consultant is responsible for an increase in the tax reported by businesses already properly making tax payments to the City, it shall be Consultant’s responsibility to separate and support the incremental amount attributable to its efforts prior to the application of the audit fee. Said audit fees will apply to state fund transfers received for those specific quarters identified as being missing and/or deficient following completion of the audit by Consultant and confirmation of corrections by the California Department of Tax and Fee Administration but shall not apply prospectively to any future quarter. Consultant shall provide City with an itemized quarterly invoice showing all formula calculations and amounts due for audit fees.

6. Consulting and Other Optional Services

Page 304 of 356 ends

5 6.1. Fees for performing the consulting and other optional Services described above shall be based on the following initial hourly rates: (i) Principal - $325; (ii) Programmer - $295; (iii) Senior Analyst - $245; and (iv) Analyst - $195.

6.2. Consultant may change the rates for its hourly Fees from time to time. A 30 days’ prior written notice to City will be given.

7. General Provisions Relating to Fees

7.1. Fees for travel and lodging expenses will be invoiced at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out-of-scope travel and must therefore be pre-approved by City.

7.2. Fees will be invoiced monthly to City for Services performed during the prior month. To the extent that Consultant has commercially reasonable means to do so, Fees will be netted out of City’s monthly revenue disbursement.

8. Confidentiality Information
Section 7056 of the State of California Revenue and Taxation Code (“R&T Code”) specifically limits the disclosure of confidential taxpayer information contained in the records of the CDTFA. Section 7056 specifies the conditions under which a city, county or district may authorize persons other than such city, county or district’s officers and employees to examine state sales and use tax records. The following conditions specified in Section 7056-(b)(1) of the State of California R&T Code are hereby made part of this Agreement:

8.1. Consultant is authorized by this Agreement to examine sales, use or transactions and use tax records of the CDTFA provided to City pursuant to contract under the Bradley-Burns Uniform Local Sales and Use Tax Law R&T Code Section 7200 et.seq.

8.2. Consultant is required to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of City who is authorized by City resolution provided to the CDTFA to examine the information.

8.3. Consultant is prohibited from performing consulting services for a retailer (as defined in R&T Code Section 6015), during the term of this agreement.

8.4. Consultant is prohibited from retaining the information contained in or derived from those sales, use or transactions and use tax records after this agreement has expired. Information obtained by examination of the CDTFA records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code. The resolution shall designate the Consultant as a person authorized to examine sales and use tax records and certify that this agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code.

Page 305 of 356 ends

Page 1 of 2 ends

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING

EXAMINATION OF USE AND TRANSACTIONS TAX RECORDS
WHEREAS, pursuant to Ordinance Number 260, the City of Livingston (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, the City Council of the City of Livingston adopted Resolution 2024-87 at the December 17, 2024, meeting which authorized the City Manager or the Finance Director/Assistant City Manager to execute agreements with the California Department of Tax and Fee Administration for implementation of a local transactions and use tax; and WHEREAS, the City Council of the City of Livingston deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code provides that any unwarranted use of use and transactions tax information is a misdemeanor;

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

Section 1. That the City Manager and Finance Director, or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to use and transactions tax collected for the City by the Department pursuant to the contract between the City and the Department.

Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of City use and transactions tax by the Department pursuant to that contract, and for purposes related to the following governmental functions of the City:
(a) Budget Planning
(b) Economic Development
(c) Financial Reporting
The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.

Page 306 of 356 ends

Page 2 of 2 ends

Section 3. That Hinderliter de Llamas and Associates is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to use and transactions tax collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and the Hinderliter de Llamas and Associates:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in or derived from those sales or transactions and use tax records, after that contract has expired.

BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City use and transactions tax the Department pursuant to the contract between the City and the Department and for those purposes relating to the governmental functions of the City listed in section 2 of this resolution.

Passed and adopted this 20th day of May 2025, by the following vote:

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

Page 307 of 356 ends

Page 1 of 5 ends

640.20-2

STAFF REPORT
AGENDA ITEM: Resolution to adopt Addendum No. 2 to the Mitigated Negative Declaration for the City of Livingston’s 1, 2, 3 – TCP Removal Treatment System Project (State Clearinghouse #2018091025).

MEETING DATE: May 20, 2025
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:

Staff recommends that Livingston City Council conduct a public hearing for this item and, through resolution, adopt Addendum No. 2 to the Mitigated Negative Declaration for the City’s 1,2,3-TCP Removal Treatment System Project (State Clearinghouse #2018091025).

BACKGROUND:

This environmental document is the second addendum to the City of Livingston’s 1,2,3-TCP Removal Treatment System Project (Project) Mitigated Negative Declaration (IS/MND). The original Project and associated IS/MND were approved by the Livingston City Council on October 16, 2018, and a Notice of Determination (NOD) was filed with the State Clearinghouse on January 22, 2019.

Following the NOD filing, minor changes were made to the Project, including the addition of well sites, TCP treatment facilities, and connection pipelines. An initial addendum (Addendum No. 1) to the IS/MND was adopted by the City Council on September 20, 2022, with a subsequent NOD filed on October 14, 2022.

Since the filing of the NOD for Addendum No. 1, additional changes to the Project have been proposed.

Addendum No. 2 analyzes the inclusion of components that were omitted from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18.

DISCUSSION:

The proposed modifications will not result in any new or more severe environmental impacts, an addendum to the previously adopted IS/MND is the appropriate level of CEQA documentation, pursuant to CEQA Guidelines Sections 15162 and 15164. An addendum may be prepared when only minor changes are necessary and the environmental and regulatory settings remain substantially the same.

An addendum must be included in or attached to the previous IS/MND.

Since the City Council held a public hearing to consider the first Addendum, Staff recommends considering Addendum No. 2 in a public hearing as well, along with the previously adopted IS/MND and Addendum No. 1.

Once adopted, Addendum No. 2 will be placed in the administrative record, and a Notice of Determination will be filed with the Merced County Clerk and the State Clearinghouse, thereby completing the CEQA process.

Page 308 of 356 ends

Page 2 of 5 ends

640.20-2
Original and current project description.

The Project description for the Project has been modified since the original IS/MND and Addendum were prepared. The following outlines the Project descriptions included with each environmental document.

Project Description that was included in the original 2018 IS/MND:
“The City plans to make several improvements to increase the City’s water system capacity and improve centralized proposed trichloropropane (TCP) treatment. Specifically, the Project will consist of installing new pipeline between existing Wells 8, 9, 13, and 17 and the proposed centralized treatment facilities; new treatment trains to the existing TCP centralized treatment facility; and a new treated water storage tank and booster pump station. Specifically, the Project will include:
• Installation of approximately 2,400 linear feet of 10-inch pipeline between Well 13 and the proposed centralized treatment facility;
• Installation of approximately 2,300 linear feet of 12-inch pipeline between Well 17 and the proposed centralized treatment facility;
• Installation of approximately 1,600 linear feet of 12-inch pipeline between Well 9 and the proposed centralized treatment facility;
• Improvements at the centralized treatment facility to include several treatment trains to the existing TCP treatment system, including two trains to Well 8, which is at the proposed centralized treatment site; and
• Construction of a 1.5-million-gallon storage tank and a 6,000-gallons-per-minute booster pump station at Well 8 to increase the City’s water system capacity to meet peak hour demand.”
Modifications to the Project as analyzed by Addendum No. 1 in 2022:
• “Installation of a new water well (Well 19) and a centralized TCP treatment site on approximately 7.8 acres located 330 feet west of Davis Street and 100 feet north of Campbell Boulevard, adjacent to the Southern Pacific Railroad and Foster Farms. • Installation of a new TCP treatment site at Arakelian Park (approximately 1.3 acres); a new pipeline installation (approximately one mile of pipeline) from existing Well 12 and existing Well 17 to the new TCP treatment site at Arakelian Park; and a new pipeline (approximately 2,400 linear feet of pipeline) along Mont Cliff Avenue between existing Well 13 at Joseph Gallo Park and the proposed TCP treatment site at Arakelian Park. Arakelian Park is located south of Monte Cliff Way and northeast of the Arena Canal.
• Installation of a new water well (Well 18) on approximately 0.33 acres northwest of the intersection of Davis Street and White Avenue.
• Existing TCP treatment facility at existing Well 8 will be expanded by approximately 1.5 acres and a new pipeline will be installed from Wells 9 and 18 to the TCP treatment site at Well 8.” The current Project Description and modifications as analyzed by Addendum No. 2:
“Additions to the TCP Treatment Facility at Arakelian Park The scope of work for the TCP Treatment Facility at Arakelian Park remains unchanged in intent; however, this Addendum clarifies and supplements the project description provided in Addendum No.

Page 309 of 356 ends

Page 3 of 5 ends

640.20-2
Specifically, while the original description referenced the treatment facility site, it did not explicitly identify all supporting buildings, grading, and infrastructure components, including a partially buried water storage tank and booster pumps. These elements are integral to the operation of the facility and were always contemplated as part of the project’s functional design. This Addendum, Addendum No. 2, now includes these components explicitly for clarity. All previously analyzed components of the TCP Treatment Facility remain valid, and clarification of the facility and the inclusion of the storage tank and booster pumps do not result in new or more severe environmental impacts than those previously disclosed. The site layout, including the clarified components, is shown in Exhibit 1 (TCP Treatment Facility at Arakelian Park).

Additions to the Well 8 site
In addition to the previously approved TCP treatment facility at the Well 8 location, the City is adding two new filtration vessels and a new backwash tank (approximately 70,000 gallons) for arsenic removal to the existing Well 8 site.

Relocation of Well 18
Addendum No. 1 identified the location of Well 18 on the northwest corner of White Avenue and Davis Street, with associated water pipeline running east on Davis Street, north on White Avenue, east on Swan Street and north on North Main Street to the Well 8 Centralized Treatment Site. This Addendum, Addendum No. 2, memorializes the relocation of Well 18 and the associated buildings, grading, and infrastructure components to Lucero Park, with water pipeline running west on Celia Drive and north on North Main Street to the Well 8 Centralized Treatment Site. Both the original location and the proposed relocation with associated pipeline is shown on Exhibit 2 (Well 18 - Original and Proposed Location).” ENVIRONMENTAL REVIEW:

As demonstrated in Addendum No. 2, no new significant environmental impacts result from these additional Project components. The IS/MND remains the appropriate CEQA document.

Addendum No. 2 analyzed the updated Project Description and compared environmental impacts identified in the original 2018 IS/MND and 2022 Addendum No. 1. The analysis confirms that none of the conditions under CEQA Guidelines Section 15162, which would require a subsequent IS/MND, are met. The conclusions of the original IS/MND remain valid.

Following the public hearing and adoption of Addendum No. 2, the City’s consultants will submit an Environmental Package to the State Water Board to meet the Board’s environmental documentation requirements.

FISCAL IMPACT:

The total combined estimated project cost is $35.3M. The City has applied for a $27M funding grant from the Drinking Water State Revolving Fund for the Arakelian Park Treatment Facility and Well 8 Centralized Treatment Site. The grant will cover hundred percent of the project costs, up to the approved funding amount.

ATTACHMENTS:

1. Resolution No. 2025-

2. Addendum No. 2 – Approved TCP Removal Treatment Facility

Page 310 of 356 ends

Page 4 of 5 ends

640.20-2
Exhibit 1: TCP Treatment Facility at Arakelian Park

Page 311 of 356 ends

0 FFOM 'MU 1J
C
A

CDSITEPLAN
- SCAL[ ''°
OOUVE.IA &NOl NLEJUNO, tr-.c.
.....
' ___ ________ ll!l'_OA -----~ '
f:Til. K~ .

Call before you dig.

CITY Of UVltGSTON • 1, 2, 3 TCP TREATMENT ll'ROVEMENT

ARAKELIAN PARK CENTRALIZED TREATMENT
SITEPI.AN
0 C
8 A

Page 5 of 5 ends

640.20-2
Exhibit 2: Well 18 - Original and Proposed Location

Page 312 of 356 ends

0 I~ 15C· .
e

CITY OF LIVINGSTON
WELL NO. 18 SITE SELECTION l'JEllH0. 13ALTERATIVESITES
LIVINGSTON, CAl.lFOR\IIA
-~-~------':-::'.:;:--:;;;:-:;;.1 -;:,.:;-,~,c;:-, -;;S;;;HC; .. ,,,"l'I.. "'"'' A · i'.).la ·(2C9) S::4-JJC(· IMP!~OVULNl~ 'AAY VP.HY I-Im\<! l ,.,, G<lm J lr~i~ 1tno,;, Im;. •4!,t; :idt ~"1fffl ,Jl.,tn, . o.i;tom,a

Page 1 of 2 ends

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF LIVINGSTON TO ADOPT ADDENDUM NO. 2 TO THE MITIGATED NEGATIVE DECLARATION FOR THE CITY’S 1,2,3 – TCP REMOVAL TREATMENT SYSTEM PROJECT (STATE CLEARINGHOUSE #2018091025) WHEREAS, the City Council of the City of Livingston (the “City Council” and “City”, respectively) has received and reviewed the proposed Addendum No. 2 to the 2018 Mitigated Negative Declaration, including Addendum No. 1, the draft Initial Study/Mitigated Negative Declaration with appendices, and supporting information sources (collectively, the “draft MND”), together with the staff report and any comments received and responded to during the public review and hearing process (collectively, the “Environmental Record”) for the proposed construction and operation of the City’s 1,2,3 – TCP Removal Treatment System Project (the “Project”), as described in Addendum No. 2; and WHEREAS, the City is the lead agency for purposes of environmental review of the Project under the California Environmental Quality Act (“CEQA”), pursuant to Public Resources Code § 21000 et seq., and the State “Guidelines for Implementation of the California Environmental Quality Act”; and WHEREAS, the Project could, without mitigation, have resulted in a potential impact to certain areas of environmental concern, including Biological Resources and Cultural Resources; and

WHEREAS, the City has prepared mitigation measures to address and mitigate all potential environmental impacts to a “less than significant” level, which is a part of the Environmental Record reviewed and considered by the City; and

WHEREAS, the City has incorporated the mitigation measures described in Addendum No. 2 for the Project as conditions of approval by the City; and

WHEREAS, with the exception of the potential impacts stated above, there are no other potentially significant environmental impacts resulting from the Project; and WHEREAS, due to modifications to the Project, the City prepared a second addendum, Addendum No. 2, in accordance with CEQA Guidelines Sections 15162 and 15164; and

WHEREAS, the City sent Addendum No. 2 to the California State Clearinghouse for a 10-day public review from May 9, 2025 through May 19, 2025; and WHEREAS, the City did not receive written comments in response to Addendum No. 2; and

WHEREAS, the City conducted a public hearing on said Addendum No. 2 at its City Council meeting on May 20, 2025; and

WHEREAS, the City has considered Addendum No. 2 along with the previously adopted 2018 Mitigated Negative Declaration and 2022 Addendum No. 1, technical studies, and other information in the Environmental Record; and
WHEREAS, the City has determined that the conclusions of the analysis in Addendum No. 2 remain consistent with those made in the 2018 Mitigated Negative Declaration and the 2022 Addendum No. 1 and that no new significant impacts will result and there will be no substantial increase in severity of impacts that result from those previously identified in the 2018 Mitigated Negative Declaration.

THEREFORE, BE IT RESOLVED that the City Council finds, determines and resolves as follows:

1. The City Council adopts the foregoing recitals as true and correct.

Page 313 of 356 ends

Page 2 of 2 ends

2. The City Council finds that Addendum No. 2 reflects the independent judgment of the City as the lead agency for the Project.

3. The City Council finds that it has independently reviewed and considered the Environmental Record, including Addendum No. 2, prior to adopting the Addendum No. 2.

4. On the basis of the Environmental Record as the whole record before the City Council, including Addendum No. 2 and any comments received, the City Council finds, in its independent judgment and analysis, that there is no substantial evidence the Project will have a significant effect on the environment.

5. The City Council confirms that the mitigation measures described in Addendum No. 2, have been incorporated into the Project and adopts Addendum No. 2, which documents are a part of the Environmental Record before the City Council for the Project.

6. The City Council approves and adopts the findings set forth herein, and Addendum No. 2, based on the Environmental Record.

7. City staff is authorized and directed to cause a Notice of Determination concerning the adoption of the Addendum for the Project to be filed in the office of the Merced County Clerk and with the State Clearinghouse (Office of Land Use and Climate Innovation) in accordance with CEQA and State CEQA Guidelines.

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

Page 314 of 356 ends

City of Livingston 1, 2, 3 TCP Removal treatment System Project Addendum No. 2 to the Mitigated Negative Declaration (IS/MND) State Clearinghouse (SCH) Number: 2018091025
Prepared for:

The City of Livingston
1416 C Street
Livingston, CA 95334

Page 315 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
2 TABLE OF CONTENTS
Section One – Introduction.............................................................................................................................................................. 3 Purpose of the Addendum and CEQA Guidelines 15162 and 15164.......................................................................................... 3 Section Two – Project Description................................................................................................................................................... 4 Original Project Location and Description.................................................................................................................................. 4 IS/MND.................................................................................................................................................................................... 4 Project Description of proposed modifications..................................................................................................................... 5 Environmental Analysis.................................................................................................................................................................. 12 CEQA Checklist .......................................................................................................................................................................... 12 Environmental Analysis........................................................................................................................................................ 12 Aesthetics......................................................................................................................................................................... 12 Agricultural Resources...................................................................................................................................................... 12 Air Quality ........................................................................................................................................................................ 13 Biological Resources......................................................................................................................................................... 14 Cultural Resources............................................................................................................................................................ 16 Energy .............................................................................................................................................................................. 17 Geology and Soils............................................................................................................................................................. 17 Greenhouse Gas Emissions .............................................................................................................................................. 18 Hazards and Hazardous Materials.................................................................................................................................... 19 Hydrology and Water Quality........................................................................................................................................... 20 Land Use and Planning ..................................................................................................................................................... 21 Mineral Resources............................................................................................................................................................ 21 Noise ................................................................................................................................................................................ 22 Population and Housing ................................................................................................................................................... 23 Public Services.................................................................................................................................................................. 23 Recreation ........................................................................................................................................................................ 24 Transportation/Traffic...................................................................................................................................................... 25 Tribal Cultural Resources.................................................................................................................................................. 25 Utilities and Service Systems............................................................................................................................................ 27 Wildfire............................................................................................................................................................................. 27 Mandatory Findings of Significance................................................................................................................................................ 28 Conclusion.................................................................................................................................................................................. 28

LIST OF FIGURES
FIGURE 1 - ISMND APPROVED PROJECT FOOTPRINT........................................................................................................................ 6 FIGURE 2 - ADDENDUM NO 1 APPROVED LOCATION FOR WELL 19 AND TCP TREATMENT SITE ..................................................... 7 FIGURE 3 - ADDENDUM NO 1 APPROVED TCP TREATMENT SITE AT ARAKELIAN PARK AND ASSOCIATED WATER PIPELINES ......... 8 FIGURE 4 - ADDENDUM NO 1 APPROVED LOCATION FOR WELL 18 AND EXPANDED TREATMENT SITE AT WELL 8 ........................ 9 FIGURE 5 - TCP TREATMENT FACILITY AT ARAKELIAN PARK........................................................................................................... 10 FIGURE 6 - WELL 18 - ORIGINAL AND PROPOSED LOCATION.......................................................................................................... 11

Page 316 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
3 Section One – Introduction
This environmental document is the second Addendum to the City of Livingston’s 1,2,3-TCP Removal Treatment System Project (Project) Mitigated Negative Declaration (IS/MND). The Project and associated IS/MND were approved by the Livingston City Council on October 16, 2018, and a Notice of Determination (NOD) was filed with the State Clearinghouse on January 22, 2019.

Following the NOD filing, minor changes were made to the Project, including the addition of well sites, TCP treatment facilities, and connection pipelines. An initial Addendum (Addendum No. 1) to the IS/MND was adopted by the City Council on September 20, 2022, with a subsequent NOD filed on October 14, 2022.

Since the filing of the NOD for Addendum No. 1, additional changes to the Project have been proposed. These include the relocation of a previously approved well site (Well 18), and the addition of a storage tank and booster pump at the previously approved TCP Treatment Facility site. A full description of both the original Project and the proposed modifications is provided in Section Two of this document.

These new components were not previously analyzed in the original IS/MND or Addendum No. 1 and are therefore evaluated in this Addendum (Addendum No. 2). Based on the analysis presented herein and the nature of the proposed changes, the Project would not result in any new significant impacts.

Purpose of the Addendum and CEQA Guidelines 15162 and 15164 Pursuant to CEQA Guidelines Section 15164(b) (Addendum to an EIR or Negative Declaration), a Lead Agency may prepare an Addendum to a previously adopted negative declaration if only minor technical changes or additions are necessary and none of the conditions requiring a subsequent or supplemental environmental document, as outlined in Section 15162, are triggered. Under CEQA Guidelines Section 15162, a new or subsequent EIR or Negative Declaration is required only if one or more of the following conditions apply:
• Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
• Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or • New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted.

Page 317 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
4 If any of the above conditions are met, a subsequent IS/MND would be required. However, as demonstrated in this Addendum No. 2, none of these criteria apply to the proposed Project modifications. Therefore, preparation of an Addendum is appropriate and compliant with CEQA Guidelines.

The purpose of this Addendum No. 2 is to analyze the potential environmental impacts associated with the proposed modifications to the Project. This document addresses only those changes that have occurred since the adoption of the original IS/MND and Addendum No. 1.

Section Two – Project Description
The Project is located in the City of Livingston, in Merced County within the San Joaquin Valley.

Additional details regarding the Project location and description are provided in the following subsections.

Original Project Location and Description
IS/MND
The Project occurs in two separate areas of the City. A centralized treatment site, new storage tank and booster pump station, and Wells 8 and Well 9 are north of State Route 99 in the northern portion of the City. This Project area extends along North Main Street from Swan Street in the north to Crowell Street at the south in Sections 24 and 25 of Township 6 South, Range 11 East as shown on the U.S. Geological Survey (USGS) 1961 Cressey 7.5-minute quadrangle. Well 13, Well 17, and the proposed centralized treatment facility are south of State Route 99. This Project area extends generally west to east and then south from Joseph Gallo Park, east to Arakelian Park, and south along the Arena Canal to Sun Valley Avenue in Sections 26 and 35 of Township 6 South, Range 11 East as shown on the USGS 1961 Cressey and Arena 7.5-minute quadrangles (Figure 1 - ISMND Approved Project Footprint).

Addendum No. 1
Minor changes were made to the original Approved Project which consist of adding additional water wells, additional TCP treatment facilities and additional connecting pipelines. The additional Project components are as follows:
• New water well (Well 19) and a centralized TCP treatment site on approximately 7.8 acres located 330 feet west of Davis Street and 100 feet north of Campbell Boulevard, adjacent to the Southern Pacific Railroad and Foster Farms (Figure 2 - Addendum No. 1 Approved Location for Well 19 and TCP Treatment Site).
• New TCP treatment site at Arakelian Park (approximately 1.3 acres); a new pipeline installation (approximately one mile of pipeline) from existing Well 12 and existing Well 17 to the new TCP treatment site at Arakelian Park; and a new pipeline (approximately 2,400 linear feet of pipeline) along Mont Cliff Avenue between existing Well 13 at Joseph Gallo Park and the proposed TCP treatment site at Arakelian Park. Arakelian Park is located south of Mont Cliff Way and northeast of the Arena Canal (Figure 3 - Addendum No. 1 Approved TCP Treatment Site at Arakelian Park and Associated Water Pipelines).

Page 318 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
5 • New water well (Well 18) on approximately 0.33 acres northwest of the intersection of Davis Street and White Avenue (Figure 4 - Addendum No. 1 Approved Location for Well 18 and Expanded Treatment Site at Well 8).
• Existing TCP treatment facility at existing Well 8 will be expanded by approximately 1.5 acres and a new pipeline will be installed from Wells 9 and 18 to the TCP treatment site at Well 8 (Figure 4 - Addendum No. 1 Approved Location for Well 18 and Expanded Treatment Site at Well 8).

Project Description of Proposed Modifications
Additions to the TCP Treatment Facility at Arakelian Park The scope of work for the TCP Treatment Facility at Arakelian Park remains unchanged in intent; however, this Addendum clarifies and supplements the project description provided in Addendum No. 1.

Specifically, while the original description referenced the treatment facility site, it did not explicitly identify all supporting buildings, grading, and infrastructure components, including a partially buried water storage tank and booster pumps. These elements are integral to the operation of the facility and were always contemplated as part of the project’s functional design.

This Addendum, Addendum No. 2 now includes these components explicitly for clarity. All previously analyzed components of the TCP Treatment Facility remain valid, and clarification of the facility and the inclusion of the storage tank and booster pumps do not result in new or more severe environmental impacts than those previously disclosed. The site layout, including the clarified components, is shown in Figure 5 - TCP Treatment Facility at Arakelian Park.

This Addendum, Addendum No. 2, memorializes the relocation of Well 18 and the associated buildings, grading, and infrastructure components to Lucero Park, with water pipeline running west on Celia Drive and north on North Main Street to the Well 8 Centralized Treatment Site.

Both the original location and the proposed relocation with associated pipeline are shown on Figure 6 - Well 18 - Original and Proposed Location.

Page 319 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
6 Figure 1 - ISMND Approved Project Footprint

Page 320 of 356 ends

,,
Legend
SCALE 1 :12,000
0 City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
7 Figure 2 - Addendum No 1 Approved Location for Well 19 and TCP Treatment Site

Page 321 of 356 ends

legend
j D Project Site
F
r
City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
8 Figure 3 - Addendum No 1 Approved TCP Treatment Site at Arakelian Park and Associated Water Pipelines

Page 322 of 356 ends

f " Legend
~ • Existing Well
~ D Project Site
~ --New Pipeline
,1
City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
9 Figure 4 - Addendum No 1 Approved Location for Well 18 and Expanded Treatment Site at Well 8

Page 323 of 356 ends

Legend
:g • ~ D Project Site
~
Existing Well
--New Pipeline
~
City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
10 Figure 5 - TCP Treatment Facility at Arakelian Park

Page 324 of 356 ends

D
FROt.l: wtll 1:S
C
B
A
RCSIDENTIAL PRCPEJH'j'
12~ RW-# 1J --------------- ------------------- -------- '
----------
TO STORM \l,'.ATUt POND
2r
Pfl:E STORAl"L :
..t:,Jct.1 St. ,a· OR' ___ _______ 1s· OR _____ J
MIN. 6'
1 MC IRt:ATED '6'Al£R
R'[SElWOR
COl,t,IECT 16" 1W TO EK 12" WAT[R L!JlE
- W 1[[.MJ
- T"M) Ill- )( 12• RfD. MJ
DlSTReUTIOO - S'ISTEI.I
Knowwhafs
®
below.

Call before you dig.

OWN ...... o, DOCUMEITTS CITY OF UVINGSTON -1, 2, 3 TCP TREAlllENT NPROVEMENT 1HIS OOCU\01, .AXD TH!: OO!"Ctm ,,.,,D D~Cl'IS l'llt!SOOtD GOUV£1A J;:NGINE.EIUNC:il. JNO.

D
C
B
NORTH
SCM.£: 1:,0
A
City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
11 Figure 6 - Well 18 - Original and Proposed Location

Page 325 of 356 ends

SCALE IN FEET
I I
150
FXl~o~\ \'~ \~~
,,. .... _,,_~ •
e -
.

CITY OF LIVINGSTON
WELL NO. 18 SITE SELECTION YiELL NO, 1BALTERATM SITES
LIVINGSTON. CALIFORNIA
City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
12 Environmental Analysis
CEQA Checklist
The purpose of the subsequent sections is to analyze the proposed modifications against Appendix G of CEQA Guidelines.

Environmental Analysis
Aesthetics
Impact Areas:
(a) Have a substantial adverse effect on a scenic vista? (b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
(c) In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Discussion
The original IS/MND and Addendum No. 1 analyzed the project with respect to impacts involving aesthetics. The previous analysis concluded the Project would have a less than significant impact to impact areas c and d; and no impact to impact areas a and b.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to aesthetics and will not increase the severity of impacts relating to aesthetics.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Agricultural Resources
Impact Areas:
(a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?

Page 326 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
13 (d) Result in the loss of forest land or conversion of forest land to non-forest use? (e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to nonforest use? Discussion
The original IS/MND and Addendum No. 1 analyzed the project with respect to impacts involving agricultural resources. The previous analysis concluded the Project would have no impact to agricultural resources.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to agricultural resources and will not increase the severity of impacts relating to agricultural resources.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Air Quality
Impact Areas:
(a) Conflict with or obstruct implementation of the applicable air quality plan? (b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
(c) Expose sensitive receptors to substantial pollutant concentrations? (d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?

Page 327 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
14 Discussion
The original IS/MND and Addendum No. 1 analyzed the project with respect to impacts involving air quality. The previous analysis concluded the Project would have a less than significant impact on air quality.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to air quality and will not increase the severity of impacts relating to air quality.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Biological Resources
Impact Areas:
(a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
(b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
(c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
(d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
(e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
(f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion
The IS/MND and Addendum No. 1 determined the Project would have no impacts regarding impact areas b, c, e, and f and less than significant impacts with mitigation to impact areas a and d.

Page 328 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
15 Due to the additional project components introduced in Addendum No. 1, and updated Biological Survey was completed to assess the impacts to biological resources for the additional sites. The TCP Treatment Facility located at Arakelian Park was included in that previous analysis and does not pose any additional impacts.

The updated biological survey also included the original location of Well 18 and the associated pipeline to the Well 8 Centralized Treatment Facility. Addendum No. 2 includes the relocation of Well 18 to Lucero Park, which is approximately 1,000 linear feet from the original location. Both the modified location for Well 18 and the associated water pipeline are surrounded by commercial and residential uses and are not suitable habitat for any identified species or migratory fish. The original IS/MND included mitigation measures that will be applicable to the relocated well site and associated water pipeline.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to biological resources will not increase the severity of impacts relating to biological resources.

ISMND Mitigation Measures
BIO-1: Protect nesting Swanison’s hawks
If work will occur during the Swainson’s hawk nesting season (15 March – 15 August), a qualified biologist shall conduct a survey for active Swainson’s hawk nests within 0.5 miles of the Project site no more than 14 days prior to the start of construction. If an active nest is found within 0.5 miles and the activity would disrupt nesting, a buffer or limited operating period should be implemented in consultation with the CDFW.

BIO-2: Protect Nesting Birds
To the extent practicable, construction shall be scheduled to avoid the nesting season, which extends from February through August. If it is not possible to schedule construction between September and January, preconstruction surveys for nesting birds shall be conducted by a qualified biologist to ensure that no active nests will be disturbed during Project implementation. A pre-construction survey shall be conducted no more than 14 days prior to the initiation of construction activities. During this survey, the qualified biologist shall inspect all potential nest substrates in and immediately adjacent to the impact areas for nests. If an active nest is found close enough to the construction area to be disturbed by these activities, the qualified biologist shall determine the extent of a construction-free buffer to be established around the nest. If work cannot proceed without disturbing the nesting birds, work may need to be halted or redirected to other areas until nesting and fledging are completed or the nest has otherwise failed for nonconstruction related reasons.

Page 329 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
16 Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Cultural Resources
Impact Areas:
(a) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5?
(b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5?
(c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
(d) Disturb any human remains, including those interred outside of dedicated cemeteries? Discussion
The IS/MND and Addendum No. 1 determined the Project would a less than significant impact to impact area d and less than significant impact with mitigation to impact areas a, b, c and a less than significant impact to impact area d.

Due to the additional project components introduced in Addendum No. 1, an updated Cultural Resources Survey and Report was completed to assess the impacts to cultural resources for the additional sites. The TCP Treatment Facility located at Arakelian Park was included in that previous analysis, as well as the original location of Well 18 at the northwest corner of White Avenue and Davis Street and the associated pipeline to the Well 8 Centralized Treatment Facility.

Addendum No. 2 includes the relocation of Well 18 to Lucero Park, which is approximately 1,000 linear feet from the original location. The updated Cultural Resources Survey and Report that was completed for Addendum No. 1 included the original location of Well 18 plus a 0.5-mile radius of the Area of Potential Effects (APE). Although the proposed relocation of Well 18 was not specifically called out in the updated Cultural Resources Survey and Report, the area which Well 18 will be relocated to was included in the analysis and was determined not to have significant impacts relating to cultural resources. The original IS/MND included mitigation measures that will be applicable to the relocated well site and pipeline.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to cultural resources and will not increase the severity of impacts relating to cultural resources.

ISMND Mitigation Measures
CUL-1:

Page 330 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
17 In the event that archaeological remains are encountered at any time during development or ground-moving activities within the entire Project area, all work in the vicinity of the find should be halted until a qualified archaeologist can assess the discovery and take appropriate actions as necessary.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Energy
Impact Areas:
(a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? (b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Discussion
The Energy impact area was not included in the original IS/MND because in 2018 the CEQA Guidelines did not require the evaluation of energy; however, energy analysis was included in Addendum No. 1 and concluded that the Project would not result in significant impacts to Energy.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to energy and will not increase the severity of impacts relating to energy.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162.

Geology and Soils
Impact Areas:
(a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:
• Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?
• Strong seismic ground shaking?
• Seismic-related ground failure, including liquefication? • Landslides?

Page 331 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
18 (b) Result in substantial soil erosion?
(c) Be location on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefication, or collapse?
(d) Be located on expansive soil, as defined in Table 18-1-B of the most recently adopted Uniform Building Code creating substantial risks to life or property? (e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste waster disposal systems where sewers are not available for disposal of waste water? (f) Directly or indirectly destroy a unique paleontological resources or site or unique geologic feature?
Discussion
The original IS/MND and Addendum No. 1 analyzed the Project in respect to geologic impacts.

The analysis concluded that there would be less than significant impacts to impact areas a, b, c, d, f and not impact to impact are e.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to geology and soils and will not increase the severity of impacts relating to geology and soils.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Greenhouse Gas Emissions
Impact Areas:
(a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
(b) Conflict with an applicable plan. Policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gas?
Discussion
The original IS/MND and Addendum No. 1 analyzed the project with respect to impacts involving greenhouse gas emissions. The previous analysis concluded there would be a less than significant impact to impact areas a and b.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the

Page 332 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
19 relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to greenhouse gas emissions and will not increase the severity of impacts relating to greenhouse gas emissions.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Hazards and Hazardous Materials
Impact Areas:
(a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
(b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
(e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
(g) Expose people or structures either directly or indirectly to a significant risk of loss, injury or death involving wildland fires.

Discussion
The original IS/MND and Addendum No. 1 analyzed the project with respect to impacts involving hazards and hazardous materials. The previous analysis concluded the Project would have a less than significant impact to impact areas a, b, c, and f; and no impact to impact areas d, e, and g.

Page 333 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
20 This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to hazards and hazardous materials and will not increase the severity of impacts relating to hazards and hazardous materials.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Hydrology and Water Quality
Impact Areas:
(a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
(b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? (c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
• Result in substantial erosion or siltation on or off site; • Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or offsite;
• Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
• Impede or redirect flood flows?
(d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? (e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Discussion
The original IS/MND and Addendum No. 1 analyzed the project with respect to impacts involving hydrology and water quality. The previous analysis concluded the Project would have a less than significant impact to impact areas a, b, and c; and no impact to impact areas d and e.

Page 334 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
21 This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to hydrology and water quality and will not increase the severity of impacts relating to hydrology and water quality.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Land Use and Planning
Impact Areas:
(a) Physically divide an established community?
(b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Discussion
The original IS/MND and Addendum No. 1 analyzed the project with respect to impacts involving land use and planning. The previous analysis concluded the Project would have no impact to impact areas a and b.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to land use and planning and will not increase the severity of impacts relating to land use and planning.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Mineral Resources
Impact Areas:
(a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?

Page 335 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
22 (b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Discussion
The original IS/MND and Addendum No. 1 analyzed the project with respect to impacts involving mineral resources. The previous analysis concluded the Project would have no impact to impact areas a and b.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to mineral resources and will not increase the severity of impacts relating to mineral resources.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Noise
Impact Areas:
(a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
(b) Generation of excessive groundborne vibration or groundborne noise levels? (c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Discussion
The original IS/MND and Addendum No. 1 analyzed the project with respect to impacts involving noise. The previous analysis concluded the Project would have a less than significant impact to impact areas a and b; and no impact to impact area c.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to noise and will not increase the severity of impacts relating to noise.

Page 336 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
23 ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Population and Housing
Impact Areas:
(a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
(b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?
Discussion
The original IS/MND and Addendum No. 1 analyzed the project with respect to impacts involving population and housing. The previous analysis concluded the Project would have no impact to impact areas a and b.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to population and housing and will not increase the severity of impacts relating to population and housing.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Public Services
Impact Areas:
(a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the
public services:
• Fire protection?
• Police protection?

Page 337 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
24 • Schools?
• Parks?
• Other public facilities?
Discussion
The original IS/MND and Addendum No. 1 analyzed the project with respect to impacts involving public services. The previous analysis concluded the Project would have no impact to impact area a.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to public services and will not increase the severity of impacts relating to public services.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Recreation
Impact Areas:
(a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
(b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Discussion
The original IS/MND and Addendum No. 1 analyzed the project with respect to impacts involving recreation. The previous analysis concluded the Project would have no impact to impact areas a and b.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to recreation and will not increase the severity of impacts relating to recreation.

ISMND Mitigation Measures
None.

Page 338 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
25 Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Transportation/Traffic
Impact Areas:
(a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
(b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
(c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (d) Result in inadequate emergency access?
Discussion
The original IS/MND and Addendum No. 1 analyzed the project with respect to impacts involving transportation/traffic. The previous analysis concluded the Project would have no impact to impact areas a, b, c, and d.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to transportation/traffic and will not increase the severity of impacts relating to transportation/traffic.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Tribal Cultural Resources
Impact Areas:
(a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is
geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
• Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or • A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public

Page 339 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
26 Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Discussion
The IS/MND and Addendum No. 1 determined the Project would a less than significant impact to impact area d and less than significant impact with mitigation to impact areas a.

Although the City conducted the required Tribal Consultation with the original IS/MND, the additional Project components introduced with Addendum No. 1 required additional tribal consultation. The TCP Treatment Facility located at Arakelian Park was included in that previous analysis, as well as the original location of Well 18 at the northwest corner of White Avenue and Davis Street and the associated pipeline to the Well 8 Centralized Treatment Facility.

Addendum No. 2 includes the relocation of Well 18 to Lucero Park, which is approximately 1,000 linear feet from the original location. The updated Cultural Resources Survey and Report that was completed for Addendum No. 1 included the original location of Well 18 plus a 0.5-mile radius of the Area of Potential Effects (APE). This report also include outreach to the Native American Heritage Commission (NAHC) who stated in a response letter that the search of the Sacred Lands File did not indicate the presence of resources in the immediate APE. However, the NAHC cautioned that the absence of specific site information in their file does not indicate the absence of tribal cultural resources in the Project area. In response, the City’s Cultural Resource consultant reached out to individuals provided by the NAHC regarding information on sacred or special sites.

Of the responses received, there were no known resources on the Project site or within the APE.

Although the proposed relocation of Well 18 was not specifically called out in the updated Cultural Resources Survey and Report, the area which Well 18 will be relocated to was included in the analysis since a buffer of 0.5-miles around the APE was assessed and the relocation is located less than 1,000-linear feet away; therefore, the proposed relocation site will not have an impact to tribal cultural resources.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to tribal cultural resources and will not increase the severity of impacts relating to tribal cultural resources.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Page 340 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
27 Utilities and Service Systems
Impact Areas:
(a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? (b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? (c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
(d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? (e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Discussion
The original IS/MND and Addendum No. 1 analyzed the project with respect to impacts involving transportation/traffic. The previous analysis concluded the Project would have a less than significant impact to impact areas a, b, c, d and e.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to utilities and service systems and will not increase the severity of impacts relating to utilities and service systems.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162 and the conclusions from the IS/MND remain.

Wildfire
Impact Areas:
(a) Substantially impair an adopted emergency response plan or emergency evacuation plan? (b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project
occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? (c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? (d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides as a result of runoff, post-fire slope instability, or drainage changes?

Page 341 of 356 ends

City of Livingston 1, 2, 3TCP Removal Treatment Facility Addendum No. 2
28 Discussion
The Wildfire impact area was not included in the original IS/MND because in 2018 the CEQA Guidelines did not require the evaluation of wildfire; however, wildfire analysis was included in Addendum No. 1 and concluded that the Project would not result in significant impacts to wildfire.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park, additional components associated with Well 8, and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications will not cause any additional significant impacts to relating to wildfire and will not increase the severity of impacts relating to wildfire.

ISMND Mitigation Measures
None.

Conclusion
The Project with modifications will not result in any of the conditions identified in CEQA Guidelines Section 15162.

Mandatory Findings of Significance
Impact Areas:
(a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
(b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
(c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Conclusion
The original IS/MND and Addendum No. 1 determined the Project would have a less than significant impact on all mandatory findings of significance.

This Addendum analyzes the inclusion of omitted components from the previously approved TCP Treatment Facility at Arakelian Park and the relocation of Well 18 as described in Section Two – Project Description. The proposed Project modifications do not increase impacts and no additional impacts were identified.

Page 342 of 356 ends

STAFF REPORT
1 AGENDA ITEM: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LIVINGSTON REPEALING AND REPLACING THE ENTIRE CITY OF

LIVINGSTON MUNICIPAL CODE
MEETING DATE: May 20, 2025
PREPARED BY: Roy Santos, City Attorney

REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:

Waive First Reading of the Ordinance by Title Only and Approve Ordinance Of The City Council Of The City Of Livingston Repealing And Replacing The Entire City Of Livingston Municipal Code.

BACKGROUND:

In June 2021, the City Manager executed an agreement with American Legal Publishing Corporation for codification services. American Legal Publishing Corporation has over 100 years of combined experience working with municipal governments and codifying. Ordinances are an essential part of a government's function to enforce regulation. For that reason, the City decided to codify its municipal code to have enforceable regulations that conform with state and federal laws. The City of Livingston has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and has the authority and legal right to establish standards governing land use, zoning, water, sewer, and general city governance. The basic steps of codification are as follows:

1. Ordinance Review - Ordinances and resolutions are reviewed to determine which provisions are general and permanent and whether they have been repealed or superseded by more recent legislation. Once identified, these materials are then included in the code.

2. Organization – logical structure is critical to ensure the code is easy to use.

3. Editorial and Legal Review – review of the code, noting errors and outdated material.

Legal professionals also conduct a separate review to find potential inconsistencies in the ordinances and ensure that provisions conform with state and federal laws.

4. Draft, Review, and Final Production - After review, a draft is sent to the City for the City to accept or reject suggested changes or make other necessary changes.

5. Published Code – After all changes have been made and approved, the code is published.

After a thorough review, the City wishes to enact an ordinance repealing the prior City of Livingston Municipal dated January 30, 2023, and replacing it with the Municipal Code dated January 31, 2023.

ATTACHMENT:

1. Ordinance

Page 343 of 356 ends

ORDINANCE NO. 2025-__

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON REPEALING AND REPLACING THE ENTIRE CITY OF LIVINGSTON MUNICIPAL CODE.

WHEREAS, the City of Livingston (“the City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and
WHEREAS, the City also has the authority and legal right to establish standards governing land use, zoning, water, sewer, and general city governance; and WHEREAS, the City wishes to enact an ordinance repealing the prior City of Livingston Municipal dated January 30, 2023, and replacing it with the Municipal Code dated January 31, 2023; and
WHEREAS, nothing in this Ordinance amendment shall be construed to: (1) allow any person to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity which is illegal under state or federal law.

NOW, THEREFORE, IT SHALL BE ORDAINED by the City Council of the City of Livingston as follows;
Section 1: The above recitals are incorporated hereby by reference.

Section 2: The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 15061(b)(3).) Section 3: The City of Livingston Municipal Code dated January 30, 2023, is hereby repealed in its entirety and replaced with the Municipal Code dated January 31, 2023, which is located at the following link:
https://codelibrary.amlegal.com/codes/livingstonca/latest/overview I hereby certify that the forgoing Ordinance 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 __ day of June 2025, by the vote recorded as follows:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

Page 344 of 356 ends

01424.0001 2005476.1 5/12/2025
_____________________________
Monica Cisneros, Deputy City Clerk
Of the City of Livingston

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

Page 345 of 356 ends

STAFF REPORT
1 AGENDA ITEM: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ESTABLISHING THE MEASURE L CITIZENS’

OVERSIGHT COMMITTEE AND MAKING IT A SEVEN MEMBER

COMMITTEE

MEETING DATE: May 20, 2025

PREPARED BY: Jose Antonio Ramirez, City Manager
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff Recommends:

1. That the City Council, by resolution, establish a Citizen Oversight Committee (COC) for Measure L in accordance with Ordinance No. 657. It is further recommended that the appointments to this Committee be made during a regularly scheduled City Council Meeting.

2. That the City Council, establish a seven-member (7) Citizen Oversight Committee for Measure L.

3. That the City Council adopt the Oversight Committee Roles and Responsibilities, Tasks, Objectives, Composition, and member qualifications. Authorizing the City Manager to further implement Ordinance No. 657 to ensure compliance with all requirements.

BACKGROUND:

On June 18th, 2024, the City Council unanimously voted to place Measure L on November 5th, 2024, statewide general election ballot. That was followed by An Impartial Analysis for Measure L that was performed and presented on July 31, 2024, by the City Attorney. The City Council introduced Ordinance No. 657 on June 18th, 2024, which went into effect in November of 2024.

ANALYSIS:

The City Council is required to adopt a resolution establishing the (COC) and its composition and defining the scope of the committee. The purpose and responsibilities of the Citizens’ Oversight Committee (COC) for Measure L is to ensure that all revenues received from the voter approved Transaction and Use Tax are spent only on permissible uses. The COC will operate in accordance with the Bylaws attached hereto as Exhibit “A”. The City Council may amend the Bylaws from time to time, provided that the Bylaws shall, always, remain consistent with the requirements of Ordinance No. 657.

Page 346 of 356 ends

STAFF REPORT
2 FISCAL IMPACT:

There is no direct fiscal impacts associated with the creation of the Citizens’ Oversight Committee or establishing the scope for Measure L.

PERSONNEL IMPACTS:

City staff shall provide information to the Committee reasonably necessary to complete their specific tasks and objectives. The Committee will work primarily, but not exclusively, with the City’s Finance Department.

RECOMMENDATION:

It is recommended that the City Council, by resolution, establish a seven-member Citizen Oversight Committee for Measure L in accordance with Ordinance N. 657. It is further recommended that the appointments to this Committee be made during a regularly scheduled City Council Meeting.

ATTACHMENTS

1. Exhibit A: Oversight Committee Roles and Responsibilities.

2. Application

Page 347 of 356 ends

STAFF REPORT
3 Exhibit A

OVERSIGHT COMMITTEE ROLES AND RESPONSIBILITIES
The tasks, objectives, composition, and member qualifications for the Measure L Citizens’ Oversight Committee.

The Citizens’ Oversight Committee (COC) shall:
• Review the revenue and expenditures of the funds generated by the general sales tax revenue measure.
• Review the annual independent financial audit of the City performed by an independent auditor on sections pertaining to the general sales tax revenue measure. • Prepare an independent report for the City Council detailing, specifically the general sales tax revenue measure: revenues, expenditures, and results of the committee's review.
• The Committee shall have no authority to direct staff or to recommend any contracts, projects, services, service levels, or spending priorities. • The Committee shall establish a regular meeting schedule, which shall include at least two meetings per year.
• The Committee shall not have any budgetary decision authority, shall not allocate financial resources, and shall not make budget or service recommendations. • Recommendations of the Committee shall be presented to the City Council but shall not be binding on the City Council (Committee Type: Standing).

Composition
• The Committee shall consist of seven (7) members.

Qualifications
• Each member of the Committee shall:

1. Be at least 18 years of age.

2. Reside in the City of Livingston or own a business within the City of Livingston and not be a resident of the City themselves.

3. Be a registered voter.

4. Member may not be an officer or employee of the City.

5. At least one committee member shall have a financial or accounting background.

6. Representation from the following areas will be prioritized:

A) Small Business
B) Educational Institutions
C) Medical Institutions
D) Public Safety
E) Senior Citizen Representative
F) Community Coalitions

Page 348 of 356 ends

STAFF REPORT
4 Meetings
The Committee shall establish a regular meeting schedule, which shall include at least two (2) meetings per year. Regular meetings shall be held at City Council Chambers.

Special meetings may be called and held as allowed by law. The Finance Director may request from time to time that the Committee hold a special meeting. All meetings shall be noticed pursuant to the Ralph M. Brown Act, Government Code sections 54950, et seq., and be subject to the requirements of the Act.

Administrative Support to the Committee
City staff shall provide information to the Committee reasonably necessary to complete their specific tasks and objectives. The Committee will work primarily, but not exclusively, with the City’s Finance Department.

Reporting
Minutes of the committee shall be prepared by City staff and shall be public record, filed with the Office of the Deputy City Clerk.

Funding
The Committee shall not require funding from the City as Committee members will serve on a voluntary, non-compensated basis.

Appointment
Consistent with all other Committee appointments (§ 3-17-15), an application will be required for consideration to participate on the Committee. The City Council will receive and review applications, interview candidates, followed by City Council consideration of approval or denial of appointment.

Terms
The term of office of a member (COC) shall:

1. Serve two years, proxy voting will not be permitted.

2. In the event of a vacancy, the City Council shall appoint a replacement to complete the term of the member creating the vacancy.

Vacancies and Removal
If an unscheduled vacancy occurs on a committee, the City Council may either appoint from the pool of applicants on file or open the position to new applicants.

A committee member may be removed from office at any time by majority vote of the City Council. Upon a member’s removal, their seat shall be automatically deemed vacant.

Page 349 of 356 ends

STAFF REPORT
5 Miscellaneous
• Committee members will be required to file Statements of Economic Interests – Form 700 with the California Fair Political Practices Commission. • Committee members will be required to complete AB 1234 Local Ethics Training upon appointment.

If any is interested in being considered for the Measure L Citizens' Oversight Committee, please email [email protected] or call (209) 394-5544.

Page 350 of 356 ends

Page 1 of 1 ends

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ESTABLISHING THE MEASURE L CITIZENS’ OVERSIGHT COMMITTEE AND MAKING IT A

SEVEN MEMBER COMMITTEE
WHEREAS, a general Transactions and Use ("Sales") Tax known as Measure L was approved by the voters in the City of Livingston on the November 2024 ballot, with 50% approval, Measure will be in effect until ended by voters;
WHEREAS, the new sales tax rate levied within the City is 8.75%, Measure L is a (1%) sales tax and will fund Police and Fire needs; and
WHEREAS, Measure L, codified by Ordinance No. 657, requires the City Council to establish an independent Measure L Citizens’ Oversight Committee that will review and report to the Council and the public annually on the use of Measure L funds; and

WHEREAS, The City Council is required to adopt a resolution establishing the composition of the committee and defining the scope of the responsibilities consistent with Ordinance No. 657.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby adopts Resolution No. 2025- ___, establishing the Measure L Citizens’ Oversight Committee with seven members and, whose roles, responsibilities, tasks, objectives, composition, and member qualifications are set forth in Exhibit A, attached hereto and made a part hereof.

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

Page 351 of 356 ends

City of Livingston

APPLICATION FOR APPOINTIVE VACANCY
City Clerk’s Office – 209-394-5544

Please indicate which position you are applying for.

Planning Commission
Recreation Commission

Please print or type the following information:

Name
Address Zip
Home Phone Mobile Phone
Emergency Contact: ___________________________________________________________________________ E-Mail Address
Highest Level of Education Completed
Occupation
Relevant Experience
Why are you seeking this appointment?
What particular skills and talents would you bring to this commission/committee?

Page 1 of 4 ends

Note: This document is a public record and may be disclosed/released upon request pursuant to the California Public Records Act. It will be published (with signatures and personal contact information redacted) in the agendas for relevant meetings of the City Council.

Measure L Citizen Oversight
Committee

Page 352 of 356 ends

List present and previous community or civic involvement _______________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ What do you hope to accomplish? _________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Have you ever served on a Commission, Board, or Committee  Yes  No If yes, please specify which Board(s), Commission(s) and/or Task Force(s):

Name Length of Service
____________________________________________ _______________ ____________________________________________ _______________ ____________________________________________ _______________ ____________________________________________ _______________ ____________________________________________ _______________ Have you attended a meeting of this commission/committee?  Yes  No  N/A Watched on Streaming Video?  Yes  No  N/A
Conflict of Interest: Do you have any conflict of interest due to your relation with a city employee or elected city official? If so, whom? __________________________________________________________________________________________ Are you available to meet on the days and time specified below?  Yes  No The Commissions meet as follows:

Planning Commission meet every second Tuesday of the month at 7:00 p.m.

Recreation Commission meet every fourth Thursday of the month at 6:00 p.m.

Additional experience or information may be attached to this application.

AUTHORIZATION AND RELEASE
I hereby affirm that my answers to the foregoing questions are true and correct and that I have not knowingly withheld any fact or circumstance that would, if disclosed, affect my application unfavorably. I understand that in connection with this application for appointment, the information contained herein will be made available to the general public upon request. I acknowledge that if appointed, I will be required to take an oath (or affirmation) of office and will be subject to filing a Form 700 Statement of Economic Interest.

Signature Date
Return completed applications to [email protected] or City Clerk’s Office, 1416 C Street, Livingston, CA. Please note, it is the applicant’s responsibility to confirm receipt of their application with the City Clerk’s Office.

All cost for the preparation of the application shall be borne by the applicant, and applications received shall become the property of the City, whether appointed or not appointed.

Incomplete applications may be rejected as non-responsive.

Page 2 of 4 ends

Page 353 of 356 ends

Policy for Parks, Recreation and Arts Commission and Planning Commission and Measure L Citizen Oversight Committee

PARKS, RECREATION AND ARTS COMMISSION
The Parks, Recreation and Arts Commission shall consist of seven (7) members over the age of eighteen (18). A maximum of one member may reside outside of City limits, as long as they reside within the boundaries of the Livingston Union School District.

TERM: Each member of the Parks, Recreation and Arts Commission shall be appointed for four (4) years. Should a vacancy occur through means other than term expiration, the appointment of the new members shall be for the remainder of the vacated term.

REMOVAL OF MEMBERS AND VACANCIES:
(A) Removal From The Parks, Recreation And Arts Commission: Any member of the commission may be removed from the commission by the Mayor, subject to the approval of the City Council, or by a majority vote of the City Council.
(B) Resignation Of Members: A member of the Parks, Recreation and Arts Commission may resign from the commission by filing a written statement with the City Manager. Upon filing the written statement with the City Manager, the resignation shall become effective at the time of the filing and said member shall cease to be a member of the commission and a vacancy shall then exist.
(C) Absence With/Without Cause: Any member of the commission shall automatically be deemed to have vacated his or her seat if the Commissioner fails to attend any three (3) meetings in any twelve (12) month period, unless the absence is the result of illness or family emergency. In the event that a Commissioner is unable to attend a meeting due to illness or family emergency, the Commissioner shall inform the City Manager, or the department head working with the commission, at the earliest opportunity before the meeting in order for the absence to be excused. In the event that a Commissioner is deemed to have vacated his or her seat, the commission or City Manager shall immediately inform the City Council of such vacancy. Vacancies on the Parks, Recreation and Arts Commission for whatever cause shall be filled by the City Council for the unexpired term. (Ord. 633, 2-20-2018)

PLANNING COMMISSION
The Planning Commission shall consist of five (5) members and two (2) alternates appointed. The alternate members may participate, but may not vote on an item before the Planning Commission unless a Planning Commissioner is absent or is disqualified due to an expressed conflict of interest. All members shall reside in the City Limits and remain qualified electors of the City. The compensation of the Planning Commission shall be established by resolution of the City Council.

TERMS: Terms of office of the members of the Planning Commission are for a period of four (4) years or until their successors are appointed and such terms are staggered with terms of one member of the Planning Commission expiring each year, except that every fourth year the terms of two (2) members expire. Terms expire December 31 of each year.

REMOVAL OF MEMBERS AND VACANCIES:
(A) Removal Of Members: Any member of the commission may be removed from the commission prior to the expiration of term by majority vote of the City Council. Vacancies on the Planning Commission from whatever cause shall be filled by the City Council for the unexpired term. (B) Resignation Of Members: A member of the commission may resign from the commission by filing a written statement with the City Clerk stating he or she resigns from the commission. Upon filing the written statement with the City Clerk, the resignation shall become effective at the time of the filing and said member shall cease to be a member of said commission and a vacancy shall then exist. (Ord. 562, 11-20-2007) (C) Absence With/Without Cause: Any Commissioner's seat shall automatically be deemed vacant for failing to attend any three (3) meetings in any twelve (12) month period, unless the absence is the result of illness or family emergency, or removal of the Commissioner from office would otherwise be prohibited by law. In the event that a Commissioner is unable to attend a meeting due to illness or family emergency, the Commissioner shall inform the City Manager or the Community Development Director at the earliest opportunity before the meeting in order for the absence to be excused. The commission shall immediately inform the City Council of such vacancy. Vacancies on the Planning Commission from whatever cause shall be filled by the City Council for the unexpired term. (Ord. 579, 2- 17-2009)

Page 3 of 4 ends

Page 354 of 356 ends

Measure L Citizens’OVERSIGHT COMMITTEE ROLES AND RESPONSIBILITIES The tasks, objectives, composition, and member qualifications for the Measure L Citizens’ Oversight Committee.

The Citizens’ Oversight Committee (COC) shall:
• Review the revenue and expenditures of the funds generated by the general sales tax revenue measure. • Review the annual independent financial audit of the City performed by an independent auditor on sections pertaining to the general sales tax revenue measure.
• Prepare an independent report for the City Council detailing, specifically the general sales tax revenue measure: revenues, expenditures, and results of the committee's review. • The Committee shall have no authority to direct staff or to recommend any contracts, projects, services, service levels, or spending priorities.
• The Committee shall establish a regular meeting schedule, which shall include at least two meetings per year.
• The Committee shall not have any budgetary decision authority, shall not allocate financial resources, and shall not make budget or service recommendations.
• Recommendations of the Committee shall be presented to the City Council but shall not be binding on the City Council (Committee Type: Standing).

Composition
• The Committee shall consist of seven (7) members.

Qualifications
• Each member of the Committee shall:

1. Be at least 18 years of age.

2. Reside in the City of Livingston or own a business within the City of Livingston and not be a resident of the City themselves.

3. Be a registered voter.

4. Member may not be an officer or employee of the City.

5. At least one committee member shall have a financial or accounting background.

6. Representation from the following areas will be prioritized:

A) Small Business
B) B) Educational Institutions
C) Medical Institutions
D) Public Safety
E) Senior Citizen Representative
F) Community Coalitions
Meetings
The Committee shall establish a regular meeting schedule, which shall include at least two (2) meetings per year. Regular meetings shall be held at City Council Chambers. Special meetings may be called and held as allowed by law. The Finance Director may request from time to time that the Committee hold a special meeting. All meetings shall be noticed pursuant to the Ralph M. Brown Act, Government Code sections 54950, et seq., and be subject to the requirements of the Act.

Page 355 of 356 ends

Reporting
Minutes of the committee shall be prepared by City staff and shall be public record, filed with the Office of the Deputy City Clerk.

Funding
The Committee shall not require funding from the City as Committee members will serve on a voluntary, non-compensated basis.

Terms
The term of office of a member (COC) shall:

1. Serve two years, proxy voting will not be permitted.

2. In the event of a vacancy, the City Council shall appoint a replacement to complete the term of the member creating the vacancy.

Vacancies and Removal
If an unscheduled vacancy occurs on a committee, the City Council may either appoint from the pool of applicants on file or open the position to new applicants.

A committee member may be removed from office at any time by majority vote of the City Council.

Upon a member’s removal, their seat shall be automatically deemed vacant.

Miscellaneous
• Committee members will be required to file Statements of Economic Interests – Form 700 with the California Fair Political Practices Commission.
• Committee members will be required to complete AB 1234 Local Ethics Training upon appointment.

Administrative Support to the Committee

Page 356 of 356 ends

Livingston City CouncilMay 20, 2025

Livingston City Council
May 20, 2025