CITY COUNCIL SPECIAL AND REGULAR
MEETING AGENDA
JULY 15, 2025
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.
WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC
PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.
ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Special and Regular Meeting on July 15, 2025, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990.
Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter.
You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).
SPECIAL MEETING
1. Call to Order
2. Roll Call
3. Pledge of Allegiance.
4. Moment of Silence – First Responders and Military Members.
5. Citizen Comments
CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items:
personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session.
Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.
6. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator: Jose Antonio Ramirez, City Manager
Employee Organizations:
OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees Association
OE3 - Management/Confidential Bargaining Unit
OE3 - Livingston Police Officer Association
AFSCME- Public Works and Parks Unit
7. Threats to Public Services or Facilities (Pursuant to Government Code Section 54957(a).) Consultation with: City Attorney and/or City Manager.
8. Conference with Legal Counsel – Potential Initiation of Litigation pursuant to Government Code section 54956.9, subdivision (d)(4): one matter.
9. Conference with Legal Counsel – Significant Exposure to Litigation pursuant to Government Code Section 54956.9, subdivision (d)(2): one matter.
REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2025-78
Next Ordinance No.: 661
Pledge of Allegiance.
Moment of Silence – First Responders and Military Members.
Roll Call.
Closed Session Announcements.
Changes to the Agenda.
CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.
COUNTY SUPERVISOR’S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.
ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.
City Manager Announcements and Reports.
CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.
CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member.
There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes per-person regardless of the number of items contained within the consent agenda
1. Consideration A Resolution Approving The Expenditure Of $12,250 For The Building Permit Module And Authorizing The City Manager To Execute The Agreement And Any Related Documents
Necessary To Integrate The Building Permit Module Into The City’s Existing Springbrook Software System. Staff Recommendation: Approve Resolution.
2. Consideration of a Resolution Approving The Measure V Regional Project Funding Agreement Between The Merced County Association Of Governments And The City Of Livingston For The Campbell Boulevard Corridor Project And Authorizing The City Manager To Execute The Agreement And Any Amendments Thereto. Staff Recommendation: Approve Resolution.
3. Consideration of a Resolution Approving Amendments To The Measure V Regional Project Funding Agreement Between The Merced County Association Of Governments And The City Of Livingston For The Hammatt And Campbell Intersection Project, And Authorizing The City Manager To Execute Said Amendments. Staff Recommendation: Approve Resolution.
4. Consideration of a Resolution Approving The Measure V Regional Project Funding Agreement Between The Merced County Association Of Governments And The City Of Livingston For The Winton Parkway Rehabilitation Project And Authorizing The City Manager To Execute The Agreement And Any Amendments Thereto. Staff Recommendation: Approve Resolution.
5. Consideration of a Resolution Of The City Council Of The City Of Livingston Approving The Measure V Regional Project Funding Agreement Between The Merced County Association Of Governments And The City Of Livingston For The Livingston Transit Center – Phase 1 Project And Authorizing The City Manager To Execute The Agreement And Any Amendments Thereto. Staff Recommendation: Approve Resolution.
6. Consideration of a Resolution to Authorize the Payment Of $14,545.50 To Livingston Self Storage For Vehicle Storage Fees. Staff Recommendation: Approve Resolution.
7. Consideration of a Resolution Approving The First Amendment To A Professional Services With Rincon Consultants, Inc. To Increase The Budget And Scope Of Work To Respond To Additional Housing Element Review Comments From The California State Department Of Housing And Community Development On The City’s Draft Sixth Cycle Housing Lement. Staff Recommendation: Approve Resolution.
8. Consideration of a Resolution 1) Approving The Purchase Of One (1) 150 Hp Us Vhs Premium Eff.
Inverter Duty Motor, One (1) 200 Hp Us Vhs Premium Eff. Inverter Motor, One (1) Abb Fen21 Kit Ethernet Adapter, 2 Port, And One (1) Abb Acs 58001260a4 3-Phase Supply Voltage 380-480v N1 260a; 2) Authorizing The City Manager To Execute A Purchase Order With Shannon Pump Company, In An Amount Not To Exceed $55,122.24; And 3) Authorizing The Finance Department To Make A Supplemental Appropriation In The Amount Not To Exceed $55,122.24 To The Water Enterprise Fund. Staff Recommendation: Approve Resolution.
9. Consideration of a Resolution Authorizing and Approving The New Maintenance Specialist Part-Time Job Description And The Revised Comprehensive Pay Schedule. Allow Staff To Initiate The Recruitment Process To Fill Three (3) Maintenance Specialists Part-Time Positions. Staff Recommendation: Approve Resolution.
10. Consideration of a Resolution Of The City Council Of The City Of Livingston Approving The Purchase Of An Annual Subscription For The ClearGov Digital Budget Book And A One Time SetUp Fee. Staff Recommendation: Approve Resolution.
ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.
Mayor’s Announcements and Reports.
Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board –Robert Wallis, Representative and Japjeet Uppal, Alternative.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.
Jason Roth
• Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative. • Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
Japjeet Uppal
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Robert Wallis, Alternate Representative. • Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.
Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
Jose Moran
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
ADJOURNMENT
STAFF REPORT
AGENDA ITEM: Staff Recommends That The City Council Adopt Resolution Approving The Expenditure Of $12,250 For The Building Permit Module And Authorizing The City Manager To Execute The
Agreement And Any Related Documents Necessary To Integrate The Building Permit Module Into The City’s Existing Springbrook Software System.
MEETING DATE: July 15, 2025
PREPARED BY: Martha Abeloe, Sr. Administrative Analyst-CD APPROVED By: Jose Ramirez, City Manager
RECOMMENDATION:
Staff Recommends That The City Council Adopt Resolution Approving The Expenditure Of $12,250 For The Building Permit Module And Authorizing The City Manager To Execute The Agreement And Any Related Documents Necessary To Integrate The Building Permit Module Into The City’s Existing Springbrook Software System.
BACKGROUND AND DISCUSSION:
The City of Livingston currently utilizes Springbrook Software to manage a wide range of administrative and financial operations, including financial management, business licensing, payroll, utility billing, accounts receivable, and accounts payable. In contrast, the Building Department currently operates independently using GreenVue Fusion software, provided through Building Contract Services by CSG Consultants, at an annual cost of $12,000.
To enhance operational efficiency and improve customer service, staff have identified an opportunity to integrate the Building Permit Module into the City’s existing Springbrook Software system. This integration will enable the City to create, manage, and track building permits and applications; automate inspection and permitting workflows; generate comprehensive reports and communications; and maintain a centralized, streamlined system for all permitting activities.
The Springbrook Building Permit Module offers a cost-effective solution with an annual subscription fee of $5,250. This results in annual savings of $6,750 compared to the current system. Additionally, a one-time implementation cost of $7,000 will be incurred for professional services related to setup and configuration.
FISCAL IMPACT:
The cost of the Building Permit Module has been budgeted in the current fiscal year 2025/2026.
Funding for the module will be expensed from account 1120-107-4340.
ATTACHMENTS:
1. Resolution No. 2025-___
2. Quote from Springbrook Software
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING THE EXPENDITURE OF $12,250 FOR THE BUILDING PERMIT MODULE AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY RELATED DOCUMENTS NECESSARY TO INTEGRATE THE BUILDING PERMIT MODULE INTO THE CITY’S
EXISTING SPRINGBROOK SOFTWARE SYSTEM
WHEREAS, the City of Livingston currently utilizes Springbrook Software to manage a wide range of administrative and financial operations, including financial management, business licensing, payroll, utility billing, accounts receivable, and accounts payable; and WHEREAS, the Building Department currently uses GreenVue Fusion software through Building Contract Services provided by CSG Consultants at an annual cost of $12,000; and WHEREAS, the City has identified an opportunity to enhance operational efficiency and customer service by integrating the Building Permit Module into the existing Springbrook Software system; and
WHEREAS, the Building Permit Module will allow the City to create, manage, and track building permits and applications, automate inspections and permitting processes, generate comprehensive reports and communications, and maintain a centralized, streamlined system for all permitting activities; and
WHEREAS, the Springbrook Building Permit Module has an annual subscription cost of $5,250 and a one-time implementation cost of $7,000, for a total expenditure of $12,250; and WHEREAS, funding for the Building Permit Module has been budgeted in Fiscal Year 2025/2026 and will be expensed from account No. 1120-107-4340;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:
1. The City Council hereby approves the expenditure of $12,250 for the purchase and implementation of the Building Permit Module for the first year.
2. Following years the cost of the subscription will be budgeted for in its respective fiscal year.
3. The City Manager is hereby authorized to execute the agreement and any related documents necessary to integrate the Building Permit Module into the City’s existing Springbrook Software system.
I hereby certify that the forgoing Resolution No. 2025- is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the city of Livingston at a regular meeting thereof duly held on the 15th day of July 2025, by the vote recorded as follows:
By: _____________________
ATTEST
__________________________
Monica Cisneros, Deputy City
Clerk Of the City of Livingston
APPROVED AS TO LEGAL
FORM
__________________________
Marc B. Tran, City Attorney
Jose A. Moran, Mayor
of City of Livingston
AYES:
NOES:
ABSENT:
ABSTAIN:
Order Form: Q-38651-1
Creation Date: 4/2/2025, 2:15 PM
Expires On: 8/31/2025
Phone: (866) 777-0069
Email: [email protected]
Ship To:
Happy Bains
City of Livingston, CA
1416 C Street
Livingston, California 95334
[email protected]
Bill To:
AP Livingston, CA
City of Livingston, CA
1416 C Street
Livingston, California 95334
[email protected]
Account Manager E-mail Phone Number Payment Terms
Brad Martin [email protected] (503) 820-4524 Net 30 Annual Product Pricing
PRODUCT RATE QTY DISC (%) NET PRICE
Building Permits Subscription USD 5,250.00 1 0.000 USD 5,250.00 Annual Product Pricing Total: USD 5,250.00
Estimated Professional Services
PRODUCT DESCRIPTION LIST PRICE NET PRICE QTY DISC % NET PRICE Standard Professional
Services
Standard Professional
Services
USD 250.00 USD 175.00 40 30.000 USD 7,000.00
Estimated Professional Services Total: USD 7,000.00
Grand Total: USD 12,250.00
* excludes applicable sales tax
CONFIDENTIAL
Order Details
Customer Name: City of Livingston, CA
Customer Contact: Happy Bains
Governing Agreement(s): This Order Form is governed by the applicable terms found at:
MSA: https://sprbrk.app.box.com/v/sprbrk-saas-terms
MLA: https://sprbrk.app.box.com/v/sprbrk-onpremise-terms Professional Services: https://sprbrk.app.box.com/v/sprbrk-svcs-terms Term(s): 3 Years
Order Terms
In the event of an inconsistency between this Order Form, any governing agreement, purchase order, or invoice, the Order Form shall govern as it pertains to this transaction. • This Order Form shall become effective as of the last date of signature (the "Effective Date"). • Order Start Date: Software Licenses, Subscriptions, Maintenance, and Hosting commence upon the earlier of a) date of delivery* or log-in to hosted software to Customer; or b) 60 days after Order Form Effective Date. • Subscriptions, Maintenance, Hosting, and Support (“Recurring Services”) continue from the Order Start Date through the term listed in this Order Form (or if not listed, one (1) year). • Orders for Recurring Services auto-renew for three (3) years or for the term specified in this Order Form, unless the Customer or Springbrook provides a written notice of non-renewal at least sixty (60) days prior to the expiration of the current Order Term.
• Subscription Service fees and any Recurring Services will be subject to an automatic annual increase by not more than seven percent (7%) of the prior year’s Subscription Service fees ("Standard Annual Price Increase").
• Any Software Licenses or Hardware are one-time non-refundable purchases. • CivicPay Online Subscription fee and CivicPay IVR Subscription fee are subject to increase at per account rate, based on actual accounts.
• CivicPay IVR Message Block Subscriptions expire upon the earlier exhaustion of the Message Block or twelve (12) months from the Order Start Date. Upon expiration, Message Blocks automatically renew. * The date of delivery of software to the Customer is the date the software is made available to the Customer, either by delivery of software or delivery of first log-in to a hosted environment, which may be either a test or production environment. This date of delivery is frequently earlier than the dates professional services are completed, the Customer completes user acceptance testing, the Customer distributes additional logins to end-users, and the Customer go-live in a production environment.
CONFIDENTIAL
Invoice Timing and Delivery
Invoices are delivered electronically via e-mail to the billing contact on file for the Customer. Customer invoices are issued for the full amount of software and services purchased as follows:
Products Ordered Invoice Timing
Software Licenses, Subscriptions,
Maintenance,
and Hosting (New):
Annually in advance upon Order Start Date.
Software Subscriptions, Maintenance,
and Hosting (Add-Ons):
Upon the order start date, order will be pro-rated to sync with the existing anniversary billing date and will renew annually thereafter.
Software Subscriptions (Migrations): Upon the order start date, order will be synced with the existing anniversary billing date and will renew annually thereafter unless specified in the Special Order Terms. This order replaces and supersedes any previously executed order as it relates to the products listed within this order. Upon delivery of new product, customer will receive a prorated credit for any prepaid, unused maintenance fees that will be applied to the customer’s first invoice.
Software Licenses, Subscriptions,
Maintenance, and Hosting
(Renewal):
Sixty (60) days in advance of the Order Start Date.
Print Services and Transaction Fees: Monthly, in arrears for transactions in the prior month.
Hardware and One-Time Licenses: Upon the Effective Date of this Order Form.
Estimated Time and Material Professional
Services, On- Site Professional Services, and
Travel Expenses*:
Monthly, in arrears for services in the prior month unless specified in Special Term.
Implementation Fixed Fee Professional
Services:
The Effective Date of this Order Form unless specified in Special Terms.
Professional Service Key Terms and Conditions:
• Time and Material Pricing: Professional Services time and material pricing is based on expected hours using Springbrook’s standard implementation approach. While our goal is to provide accurate hour estimates, there may be variations in actual hours and charges. If project costs surpass the estimated hours within this order form by the greater of $15,000 or 20%, a signed change order is necessary to proceed. Adjustments below this threshold will be implemented and invoiced as incurred.
•
*On-Site Professional Services: On-Site professional services are billed at a daily minimum rate, regardless of time spent on-site. Travel expenses related to on-site travel will be invoiced as a separate line item as they are incurred. • Cancellation or Postponement: Customer agrees to participate in all scheduled meetings and minimize repeated cancellations. Customer shall provide no less than two (2) business days’ written notice should any scheduled meeting, training session or other activity need to be cancelled or postponed. If Customer fails to provide such notice, Springbrook shall invoice the Customer for the lost or delayed scheduled time, with a minimum charge of two (2) hours. Additional charges may apply based on the resources and preparation required for the meeting.
CONFIDENTIAL
• Customer Responsibilities: The customer will provide adequate internal resources and ensure the accuracy of all information provided to Springbrook. Customers are responsible for extracting data from any legacy systems and transferring the data into Springbrook’s import templates.
Special Order Terms
Special Order Terms (if any):
CONFIDENTIAL
By signing, both parties agree to the terms and conditions set forth in this agreement. * If the Customer requires a PO number on invoices, the Customer must provide Springbrook with the PO number and a copy of the PO prior to invoice issuance. If a PO number is not provided prior to the invoice issuance date, invoices issued on this Order Form will be valid without a PO reference.
Springbrook Holding Company, LLC City of Livingston, CA Signature:_________________________ Signature:__________________________ Name (Print):________________________ Name (Print):________________________ Title:_______________________________ Title:______________________________ Date:_______________________________ Date:_______________________________ Purchase Order # (if required)________________________
CONFIDENTIAL
STAFF REPORT
AGENDA ITEM: Adopt a Resolution approving the Measure V Regional Project Funding Agreement between the Merced County Association of Governments and the City of Livingston for the Campbell Boulevard Corridor Project, and authorizing the City Manager to execute the Agreement and any amendments thereto.
MEETING DATE: July 15, 2025
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:
Staff recommends that the Livingston City Council adopt Resolution No. 2025-____, approving the Measure V Regional Project Funding Agreement between the Merced County Association of Governments (MCAG) and the City of Livingston for the Campbell Boulevard Corridor Project (Project), and authorizing the City Manager to execute the agreement and any amendments thereto.
EXECUTIVE SUMMARY:
Measure V, Merced County’s half-cent transportation sales tax, provides funding for regional projects through competitive “Calls for Projects.” Through this process, MCAG has awarded the City an initial amount of $165,000 for the Campbell Blvd Corridor Project, which was identified as Priority 4 of 5 in the City’s adopted project list.
Currently, MCAG has approved the allocation of $165,000 for the Project Study Report (PSR) for this project per the attached funding agreement (see Attachment 2). Council approval of the funding agreement is needed to secure these funds.
BACKGROUND:
Measure V was approved by Merced County voters in November 2016. The 30-year, halfcent transportation sales tax is projected to generate approximately $450 million. Of that, 44 percent is dedicated to regional projects, with 27 percent allocated to projects east of the San Joaquin River and 17 percent to projects west of the river.
According to MCAG’s adopted policies, regional project funding is available for projects located on regional transportation facilities, those that provide benefits to multiple jurisdictions, or projects classified as mass transit improvements.
On July 18, 2023, the Livingston City Council adopted Resolution No. 2023-53, prioritizing five projects for Measure V regional funding as summarized in the list below:
Priority Project
1 Winton Parkway Rehabilitation (SR 99 to Joseph Gallo Court) 2 Livingston (ACE) Transit Center, Phase 1 and 2
3 Hammatt and Campbell Intersection Improvements
4 Campbell Boulevard Rehabilitation (Hammatt to Main Street) 5 Class 1 Trail (Livingston Transit Center to Livingston Central Commons Development
The Campbell Blvd Corridor Project will be completed in various components including the PSR, and others to be determined in the future.
DISCUSSION:
The City of Livingston requested funding to complete a Project Study Report (PSR) for the Campbell Blvd corridor. Although the main purpose of this project is the rehabilitation of the existing roadway, the City wants to avoid missing a possible active transportation opportunity by examining the possibility of incorporating a Class I multiuse path that could connect residents on the North side of SR 99 to the future transit center and existing commercial commerce centers within the City. The development of the PSR will provide the City with a blue print for the development of this roadway corridor.
The total estimated Project cost for completing the PSR component is $165,000. This funding agreement provides $165,000 to cover the cost for the PSR. MCAG will approve additional funding for the Project once the City is ready to proceed with the next project component. The City Council hereby delegates authority to the city Manager to execute the current agreement and any future amendments up to the total award amount.
FISCAL IMPACT:
Authorize the Finance Department to make a supplemental appropriation to the expense account and increase the revenue account in Fund 1224 Measure V Regional Improvements for $165,000. Measure V funding has been awarded for the Campbell Blvd Corridor Project in the amount of $165,000. The full award amount of $165,000 will be allocated at this time for completing the PSR for the project.
The estimated total project cost is unknown at this time and will be determined through the PSR process. Any additional funds required for the Project will be provided from additional Measure V awards or from various other local transportation funds that may include LTF, RSTP, Streets and Bridges Impact Fees, etc.
ATTACHMENTS:
1. Resolution No. 2025-
2. Measure V Regional Project Funding Agreement
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
APPROVING THE MEASURE V REGIONAL PROJECT FUNDING AGREEMENT
BETWEEN THE MERCED COUNTY ASSOCIATION OF GOVERNMENTS AND THE
CITY OF LIVINGSTON FOR THE CAMPBELL BOULEVARD CORRIDOR PROJECT
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND
ANY AMENDMENTS THERETO
WHEREAS, on November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 18000 et. seq., approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax (“Measure V”); and
WHEREAS, the duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in Merced County’s 2016 – ½ Cent Transportation Sales Tax Measure Expenditure Plan, as it may be amended in accordance with State law; and
WHEREAS, the City of Livingston submitted a funding application to complete the Project Study Report (PSR) for the Campbell Boulevard Corridor Project (Project) that includes rehabilitating the existing roadway and other related improvements; and WHEREAS, the Project is of regional significance by connecting the Hammatt and Campbell commercial centers to the existing activity centers at Main Street and the regional commercial centers along the Winton Parkway corridor; and WHEREAS, the Project was recommended by the appropriate Regional Projects Committee of authority based on the Project location, was approved by the MCAG Governing Board, and is included in the current 2023 Measure V Implementation Plan adopted January 18, 2024; and
WHEREAS, the City received an initial Measure V award amount of $165,000 to fund the PSR which was programmed for FY24/25 per the 2023 Measure V Implementation Plan; and
WHEREAS, the City Council delegates authority to the City Manager to execute the current agreement and any future amendments for additional awarded amounts.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby:
1. Finds the above recitals are true and correct findings of the Livingston City Council.
2. Authorize the Finance Department to make a supplemental appropriation to the expense account and increase the revenue account in Fund 1224 Measure V Regional Improvements for $165,000
3. Authorizes the City Manager to execute the current Agreement and any amendments for additional awarded amounts.
4. Authorize the Finance Department to make a supplemental appropriation to the revenue and expense account in Fund 1224 Measure V Regional Improvements for $165,000.
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 15TH day of July 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
of City of Livingston
ATTEST
__________________________________________
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
________________________
Marc B. Tran, City Attorney
___________________________
MEASURE V REGIONAL PROJECT FUNDING AGREEMENT
between
MERCED COUNTY ASSOCIATION OF GOVERNMENTS
and the
CITY OF LIVINGSTON
This Measure V Regional Project Funding Agreement (“AGREEMENT”), effective the _____ day of _______________, 20_____, is entered into by and between Merced County Association of Governments, a joint powers authority pursuant to California Government Code Section 6500 et seq. (MCAG), and the City of Livingston (“RECIPIENT”) for the Project Study Report (or equivalent) forthe CAMPBELL CORRIDOR PROJECT (“PROJECT”).
RECITALS
A. On November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. (“Act”), approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax (“Measure V”).
B. The duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in Merced County’s 2016 – ½ Cent Transportation Sales Tax Measure Expenditure Plan (“Expenditure Plan”), as it may be amended in accordance with State law.
C. This AGREEMENT delineates the rights and responsibilities of the Parties hereto as they relate to the Regional Projects funds that are allocated to the PROJECT by the MCAG Governing Board, as authorized by the Expenditure Plan.
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
«NieasureV
ARTICLE I: REGIONAL PROJECTS FUNDING ALLOCATION
This AGREEMENT authorizes MCAG to allocate Regional Projects funds derived from Measure V receipts to RECIPIENT in accordance with the voter-approved Expenditure Plan based on the PROJECT’s satisfaction of the following criteria:
• The PROJECT is of regional significance by being located on the State Highway System, the Regional Road System, in more than one jurisdiction, and/or directly benefiting more than one jurisdiction.
• The PROJECT is included in the applicable Regional Transportation Plan (RTP). • The PROJECT was recommended by the appropriate Regional Projects Committee of authority based on the PROJECT location.
• The PROJECT was approved by the MCAG Governing Board. • The PROJECT is included in the current Measure V Implementation Plan.
ARTICLE II: PROJECT SCOPE, COSTS, AND SCHEDULE
A. Project Scope
1. The funding allocation subject to this AGREEMENT was approved by the MCAG Governing Board for the PROJECT, defined specifically as the PSR phase for the Campbell Corridor project.
2. The Campbell Corridor project in full incorporate a Class I multiuse path to connect residents on the north side of SR 99 to the future transit center and existing commercial commerce center within the City of Livingston.
3. In utilizing the Measure V funding allocation, the RECIPIENT shall only proceed with work authorized for the specific phase(s) with written “Authorization to Proceed.” Within 5 days of the execution of this AGREEMENT or amendment thereof, MCAG shall provide a written “Authorization to Proceed” to the RECIPIENT.
B. Project Costs
1. The PROJECT has a total estimated project cost of $165,000 as of the date of this AGREEMENT.
2. The PROJECT has been approved for an allocation from the Measure V EAST Side Regional Projects funding account in an amount not to exceed $165,000.
3. The RECIPIENT is responsible for any PROJECT cost overruns. Requests for additional Measure V regional projects revenue beyond what is approved and programmed in the current Implementation Plan may be considered by MCAG through an amendment to the Implementation Plan. All Implementation Plan amendments must be approved by the Governing Board.
4. Regional funding allocated to RECPIENT for the PROJECT that remains unspent at the completion of the PROJECT will remain in the appropriate Regional Projects funding account and will be eligible for future programming to regional projects as authorized by the Expenditure Plan.
C. Project Schedule
1. RECIPIENT shall adhere to the following schedule to deliver the PROJECT in a timely manner.
Inactivity causing delays of 6 months or more during any phase of the PROJECT shall require action from the MCAG Governing Board to either extend the PROJECT schedule through an amendment to this AGREEMENT or reallocate the PROJECT’s funding to another project in the current Implementation Plan.
a. Project Study Report October 2025 – October 2026
2. The RECIPIENT has six months from the date of this AGREEMENT to execute consultant contracts or initiate work if done by the RECIPIENT’s staff.
3. The RECIPIENT shall advertise, award, and administer the PROJECT in accordance with RECIPIENT standards and all applicable federal and state laws.
4. Award information shall be submitted by the RECIPIENT to MCAG within sixty (60) days after the project contract award.
5. If no costs have been invoiced for a six-month period, RECIPIENT agrees to submit for each phase a written explanation of the absence of the PROJECT’s activity along with target billing date and target billing amount.
6. Measure V Regional Projects funding allocated to the PROJECT that remains unused at the conclusion of the PROJECT schedule above (including any extensions authorized by MCAG) may be redistributed to other regional projects within the current Implementation Plan at the discretion of the MCAG Governing Board.
D. Changes to Project
Changes to the PROJECT scope, schedule or Measure V Regional Projects funding allocation may require an amendment to the Measure V Implementation Plan at the discretion of the
MCAG Governing Board. Subsequently, any amendments to the Implementation Plan related to the PROJECT will also require an amendment to this AGREEMENT, requiring action from both parties.
ARTICLE III: FUNDING AND EXPENDITURES
A. MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG)
1. RECIPIENT shall be reimbursed no later than thirty (30) days following the submission of invoices to MCAG for allowed PROJECT costs, with the exception of costs associated with compliance with the requirements outlined in Article IV, Section A of this AGREEMENT.
2. MCAG shall provide the reimbursement forms and documentation requirements for the submission of invoices to RECIPIENT no later than thirty (30) days following the date of this AGREEMENT.
3. MCAG shall include Measure V Regional Projects funds distributed to the PROJECT in a quarterly report to the MCAG Governing Board.
4. Per the Expenditure Plan, MCAG shall provide for an independent annual audit of Measure V revenue and expenditures for all funding categories, including the PROJECT.
5. MCAG shall provide thirty (30) days notice to RECIPIENT prior to conducting an audit of Regional Project funds received by RECIPIENT for the PROJECT to determine whether the RECIPIENT’s use of said funds is in compliance with this AGREEMENT and the Expenditure Plan.
B. RECIPIENT’S DUTIES AND OBLIGATIONS
1. RECIPIENT shall use all Regional Projects funds received for this PROJECT in compliance with the applicable guidelines and plan(s), as they may be adopted or amended by the MCAG Governing Board in accordance with applicable law.
2. RECIPIENT must account for Regional Projects funds separately – independent of Measure V Local Projects accounts. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds. MCAG and its representatives and agents shall have the right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by applicable law.
3. RECIPIENT will utilize the Designated Reporting Tool to provide MCAG with the required information related to Regional Projects fund expenditures according to the following schedule:
Quarter Reporting Period Due Date*
FY Q1 July 1 to September 30 October 31
FY Q2 October 1 to December 31 January 31
FY Q3 January 1 to March 31 April 30
FY Q4 April 1 to June 30 August 31**
*If the due date falls on a weekend/holiday, the quarterly reports are due the next business day. **60 days provided for the 4th quarter of each fiscal year.
C. OTHER CONSIDERATIONS
1. PROJECT-Specific Allocation: RECIPIENT shall use all Regional Projects funds allocated to the PROJECT solely for the PROJECT. Any jurisdiction that violates this provision, as determined by the MCAG Governing Board or Measure V Citizens Oversight Committee, must fully reimburse all misspent funds, including all interest which would have been earned thereon.
The interest rate shall not exceed the maximum allowed by law.
2. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with the PROJECT, including direct staff costs and consultant costs, are eligible uses of said funds. Indirect costs, including, but not limited to, overhead costs such as rent, utilities, and human resources staff, are not allowed.
3. CEQA: The PROJECT shall comply with the California Environmental Quality Act (CEQA) and other environmental reviews as required.
4. Promotion: At a minimum, RECIPIENT agrees to promote the PROJECT through branded signage and is encouraged to utilize additional means such as news releases, social media, events, or any other tools to communicate to the public that the project was funded by Measure V. RECIPIENT also agrees to provide MCAG with at least five (5) photographs of the project, either in progress, before and after completion, or some combination thereof. At least one photograph of the completed PROJECT is required.
ARTICLE IV: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, MCAG may withhold reimbursement payment for the PROJECT until full compliance is achieved.
1. As a means to keep the public informed, the RECIPIENT, at a minimum, shall provide quarterly updates of current and accurate information on RECIPIENT’s website (if applicable) and to MCAG for the Measure V website, related to the PROJECT’s progress.
2. RECIPIENT shall, at least annually, publish an article highlighting the PROJECT, or provide information to MCAG regarding such project or program for publication.
3. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPIENT’s receipt, usage, and/or compliance with audit findings regarding the PROJECT before the Citizens Oversight Committee.
4. RECIPIENT agrees that MCAG may review and/or evaluate the PROJECT pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of MCAG to observe RECIPIENT’s project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT’s staff or governing body.
ARTICLE V: OTHER PROVISIONS
A. INDEMNITY BY RECIPIENT
Neither MCAG nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Regional Projects funds distributed to RECIPIENT for the PROJECT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that RECIPIENT shall fully defend, indemnify and hold harmless MCAG, its governing body, elected officials, officers, agents and employees from any liability imposed on MCAG for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT for the PROJECT in connection with the Regional Projects funds distributed to RECIPIENT pursuant to this AGREEMENT.
B. INDEMNITY BY MCAG
Neither RECIPIENT nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that MCAG shall fully defend, indemnify and hold harmless RECIPIENT, its governing body, elected officials, officers, agents and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT.
C. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Merced County, California.
D. ATTORNEY’S FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party.
E. TERM
The term of this AGREEMENT shall be from the effective date to sixty (60) days following the completion of the scope of work as described in Article II, unless amended in writing or a new Measure V Regional Project Funding Agreement is executed between MCAG and RECIPIENT.
F. SEVERABILITY
If any provision of this AGREEMENT is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
G. ENTIRE AGREEMENT; MODIFICATION
This AGREEMENT, as well as the referenced Expenditure Plan, constitutes the entire AGREEMENT and supersedes all prior written or oral understandings regarding the Regional Projects funding for the PROJECT. This AGREEMENT may only be modified by a written agreement executed by both parties.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
CITY OF LIVINGSTON (RECIPIENT) MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) By: By:
Jose Antonio Ramirez Date
City Manager, City of Livingston
Stacie Guzman Date
Executive Director
Approved as to Budget/Financial Controls: Reviewed as to Budget/Financial Controls:
By: By:
Happy Bains Date
Finance Director, City of Livingston
Nav Bagri Date
Finance Director
Approved as to Legal Form: Approved as to Legal Form:
By: By:
Marc Barraza Tran Date
City Attorney, City of Livingston
Emily Haden Date
Legal Counsel to MCAG
STAFF REPORT
AGENDA ITEM: Adopt a Resolution approving amendments to the Measure V Regional Project Funding Agreement between the Merced
County Association of Governments and the City of Livingston for the Hammatt and Campbell Intersection Project, and
authorizing the City Manager to execute said amendments MEETING DATE: July 15, 2025
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:
Staff recommends that the Livingston City Council adopt Resolution No. 2025-____, approving amendments to the Measure V Regional Project Funding Agreement between the Merced County Association of Governments and the City of Livingston for the Hammatt and Campbell Intersection Project, and authorizing the City Manager to execute said amendments.
EXECUTIVE SUMMARY:
Measure V, Merced County’s half-cent transportation sales tax, provides funding for regional projects through competitive “Calls for Projects.” Through this process, MCAG awarded the City a total for $2.52 million for the Hammatt and Campbell Intersection Project, which was identified as priority 3 of 5 in the City’s adopted project list.
On August 18, 2020, the City Council adopted Resolution No. 2020-53, approving the current funding agreement for the Project (see Attachment 2). This new resolution would approve amendments to secure current additional funding awarded for the Project.
BACKGROUND:
Measure V was approved by Merced County voters in November 2016. The 30-year, halfcent transportation sales tax is projected to generate approximately $450 million. Of that, 44 percent is dedicated to regional projects, with 27 percent allocated to projects east of the San Joaquin River and 17 percent to projects west of the river.
According to MCAG’s adopted policies, regional project funding is available for projects located on regional transportation facilities, those that provide benefits to multiple jurisdictions, or projects classified as mass transit improvements.
On July 18, 2023, the Livingston City Council adopted Resolution No. 2023-53, prioritizing five projects for Measure V regional funding, as summarized in the list below:
Priority Project
1 Winton Parkway Rehabilitation (SR 99 to Joseph Gallo Court) 2 Livingston (ACE) Transit Center, Phase 1 and 2
3 Hammatt and Campbell Intersection Improvements
4 Campbell Boulevard Rehabilitation (Hammatt to Main Street) 5 Class 1 Trail (Livingston Transit Center to Livingston Central Commons Development
The Hammatt and Campbell Intersection Project will be completed in various components including the Design (PS&E) and Construction.
DISCUSSION:
In 2019, the City submitted a Measure V funding request for intersection improvements at Hammatt Avenue and Campbell Boulevard. The original (Legacy) Scope included a new traffic signal, pavement rehabilitation, curb, gutter, sidewalk, signage, and striping.
The City was awarded $1.0 million in Measure V funds.
In 2023, the City submitted an additional request for Measure V funding for other improvements including the rehabilitation of the Hammatt Avenue leg of the intersection between Walnut Avenue and Campbell Boulevard, installation of bike and pedestrian improvements, and synchronization of the existing signal at Walnut Avenue with the proposed signal at Campbell. MCAG awarded the City an additional $1.52 million in Measure V funds to support this expanded scope. The project is now fully funded through Measure V.
MCAG has approved the existing agreement to allocate $1.0 million for the Project.
MCAG has programmed an additional $1.52 million for the Project for FY 26/27. The City is currently completing the Design (PS&E) component for the Project and MCAG has indicated it will approve the additional funds once the City is ready to proceed with the next project component. The City Council hereby delegates authority to the City Manager to execute future amendments to the existing agreement up to the total award amount.
FISCAL IMPACT:
Authorize the Finance Department to make a supplemental appropriation to the expense account and increase the revenue in Fund 1224 Measure V Regional Improvements by $1,520,000.
Measure V funding has been awarded for the Hammatt and Campbell Intersection Project in the amount of $2,520,000. The City Council had previously appropriated $1million for this project, and any additional grant awards will be appropriated with future project approvals.
The estimated total project cost is $2,520,000. Measure V funding is anticipated to fully fund the Project.
ATTACHMENTS:
1. Resolution No. 2025-
2. Existing Measure V Regional Project Funding Agreement
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
APPROVING AMENDMENTS TO THE MEASURE V REGIONAL PROJECT FUNDING
AGREEMENT BETWEEN THE MERCED COUNTY ASSOCIATION OF
GOVERNMENTS AND THE CITY OF LIVINGSTON FOR THE HAMMATT AND
CAMPBELL INTERSECTION PROJECT, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID AMENDMENTS
WHEREAS, on November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 18000 et. seq., approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax (“Measure V”); and
WHEREAS, the duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in Merced County’s 2016 – ½ Cent Transportation Sales Tax Measure Expenditure Plan, as it may be amended in accordance with State law; and
WHEREAS, the City of Livingston submitted a funding application for the Hammatt and Campbell Intersection Project for the installation of a traffic signal, pavement, curb, gutter, sidewalk, signage, and striping, as part of the Legacy Scope; and
WHEREAS, the Project is of regional significance by connecting a portion of the City's industrial/commercial zoned properties to SR-99 and will maintain regional connectivity; and
WHEREAS, the Project was recommended by the appropriate Regional Projects Committee of authority based on the Project location, was approved by the MCAG Governing Board, and is included in the current 2023 Measure V Implementation Plan adopted January 18, 2024; and
WHEREAS, in 2019, the City received an initial $1.0 million award for the project Legacy Scope; and
WHEREAS, in 2020, through Resolution 2020-53, the City Council approved the current agreement that allocated $1.0 million in Measure V funds for the Project; and WHEREAS, in 2023, the City submitted an additional request for Measure V funds for other improvements including the rehabilitation Hammatt Avenue between Walnut Avenue and Campbell Boulevard, installation of bike and pedestrian improvements, and synchronization of the existing signal at Walnut Avenue; and WHEREAS, the City received an additional $1,520,000 award for a total of $2,520,000 of Measure V funding for the Project. This additional award is programmed for FY26/27 per the 2023 Measure V Implementation Plan; and
WHEREAS, the City Council delegates authority to the City Manager to execute future amendments to the existing agreement up to the total award amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby:
1. Find the above recitals are true and correct findings of the Livingston City Council.
2. Approves amendments to the Measure V Regional Project Funding Agreement between Merced County Association of Governments and the City of Livingston to provide up to $2,520,000 for the Hammatt and Campbell Intersection Project.
3. Authorizes the City manager to execute the future amendments to the existing agreement up to the total award amount.
4. Authorize the Finance Department to make a supplemental appropriation to the expense account and increase the revenue in Fund 1224 Measure V Regional Improvements by $1,520,000.
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 15TH day of July 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
________________________
Marc B. Tran, City Attorney
Measure V Regional Project Funding Agreement No. 20200721MF
MEASURE V REGIONAL PROJECT FUNDING AGREEMENT
between
MERCED COUNTY ASSOCIATION OF GOVERNMENTS
and the
CITY OF LIVINGSTON
This Measure V Regional Project Funding Agreement ("AGREEMENT"), effective August 20th 2020, is entered into by and between Merced County Association of Governments, a joint powers authority pursuant to California Government Code Section 6500 et seq. (MCAG), and the City of Livingston, ("RECIPIENT") for the Hammatt and Campbell Intersection Project ("PROJECT").
RECITALS
A. On November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. ("Act"), approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax ("Measure V").
B. The duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in Merced County's 2016 - ½ Cent Transportation Sales Tax Measure Expenditure Plan ("Expenditure Plan"), as it may be amended in accordance with State law.
C. This AGREEMENT delineates the rights and responsibilities of the Parties hereto as they relate to the Regional Projects funds that are allocated to the PROJECT by the MCAG Governing Board, as authorized by the Expenditure Plan.
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
ARTICLE I: REGIONAL PROJECTS FUNDING ALLOCATION
This AGREEMENT authorizes MCAG to allocate Regional Projects funds derived from Measure V receipts to RECIPIENT in accordance with the voter-approved Expenditure Plan based on the PROJECT's satisfaction of the following criteria:
1
Measure V Regional Project Funding Agreement No. 20200721MF • The PROJECT is of regional significance by being located on the State Highway System, the Regional Road System, in more than one jurisdiction, and/or directly benefiting more than one jurisdiction.
• The PROJECT is included in the applicable Regional Transportation Plan (RTP). • The PROJECT was recommended by the appropriate Regional Projects Committee of authority based on the PROJECT location.
• The PROJECT was approved by the MCAG Governing Board. • The PROJECT is included in the current Measure V Implementation Plan.
ARTICLE II: PROJECT SCOPE, COSTS, AND SCHEDULE
A. Project Scope
1. The PROJECT funding allocation was approved by the MCAG Governing Board for Environmental, Design, and Construction.
2. The PROJECT will improve the intersection of Hammatt Ave. and Campbell Blvd. in Livingston to include a traffic signal, pavement, curb, gutter, and sidewalk.
3. In utilizing the Measure V funding allocation, the RECIPIENT shall only proceed with work authorized for the specific phase(s) with written "Authorization to Proceed." Within 5 days of the execution of this AGREEMENT or amendment thereof, MCAG shall provide a written "Authorization to Proceed" to the RECIPIENT.
B. Project Costs
1. The PROJECT has a total estimated project cost of $1,500,000 as of the date of this AGREEMENT.
2. The PROJECT has been approved for an allocation from the Measure V East Side Regional Projects funding account in an amount not to exceed $1,000,000.
3. The RECIPIENT is responsible for any PROJECT cost overruns. Requests for additional Measure V regional projects revenue beyond what is approved and programmed in the current Implementation Plan may be considered by MCAG through an amendment to the Implementation Plan. All Implementation Plan amendments must be approved by the Governing Board.
4. Regional funding allocated to RECPIENT for the PROJECT that remains unspent at the completion of the PROJECT will remain in the appropriate Regional Projects funding account 2
Measure V Regional Project Funding Agreement No. 20200721MF and will be eligible for future programming to regional projects as authorized by the Expenditure Plan.
C. Project Schedule
1. RECIPIENT shall adhere to the following schedule to deliver the PROJECT in a timely manner.
Inactivity causing delays of 6 months or more during any phase of the PROJECT shall require action from the MCAG Governing Board to either extend the PROJECT schedule through an amendment to this AGREEMENT or reallocate the PROJECT's funding to another project in the current Implementation Plan.
a. Environmental
b. Design
July 2020 - June 2021
July 2020 - June 2021
c. Construction June 2021- October 2021
2. The RECIPIENT has six months from the date of this AGREEMENT to execute consultant contracts or initiate work if done by the RECIPIENT'S staff.
3. The RECIPIENT shall advertise, award, and administer the PROJECT in accordance with RECIPIENT standards and all applicable federal and state laws.
4. Award information shall be submitted by the RECIPIENT to MCAG within sixty (60) days after the project contract award.
5. If no costs have been invoiced for a six-month period, RECIPIENT agrees to submit for each phase a written explanation of the absence of the PROJECT's activity along with target billing date and target billing amount.
6. Measure V Regional Projects funding allocated to the PROJECT that remains unused at the conclusion of the PROJECT schedule above (including any extensions authorized by MCAG) may be redistributed to other regional projects within the current Implementation Plan at the discretion of the MCAG Governing Board.
D. Changes to Project
Changes to the PROJECT scope, schedule or Measure V Regional Projects funding allocation may require an amendment to the Measure V Implementation Plan at the discretion of the MCAG Governing Board. Subsequently, any amendments to the Implementation Plan related to the PROJECT will also require an amendment to this AGRE EM ENT, requiring action from both parties.
3
Measure V Regional Project Funding Agreement No. 20200721MF ARTICLE Ill: FUNDING AND EXPENDITURES
A. MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG)
1. RECIPIENT shall be reimbursed no later than thirty (30) days following the submission of invoices to MCAG for allowed PROJECT costs, with the exception of costs associated with compliance with the requirements outlined in Article IV, Section A of this AGREEMENT.
2. MCAG shall provide the reimbursement forms and documentation requirements for the submission of invoices to RECIPIENT no later than thirty (30) days following the date of this AGREEMENT.
3. MCAG shall include Measure V Regional Projects funds distributed to the PROJECT in a quarterly report to the MCAG Governing Board.
4. Per the Expenditure Plan, MCAG shall provide for an independent annual audit of Measure V revenue and expenditures for all funding categories, including the PROJECT.
5. MCAG shall provide thirty (30) days notice to RECIPIENT prior to conducting an audit of Regional Project funds received by RECIPIENT for the PROJECT to determine whether the RECIPIENT's use of said funds is in compliance with this AGREEMENT and the Expenditure Plan.
B. RECIPIENT'S DUTIES AND OBLIGATIONS
1. RECIPIENT shall use all Regional Projects funds received for this PROJECT in compliance with the applicable guidelines and plan(s), as they may be adopted or amended by the MCAG Governing Board in accordance with applicable law.
2. RECIPIENT must account for Regional Projects funds separately- independent of Measure V Local Projects accounts. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds. MCAG and its representatives and agents shall have the right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by applicable law. 4
Measure V Regional Project Funding Agreement No. 20200721MF
3. RECIPIENT will utilize the Designated Reporting Tool to provide MCAG with the required information related to Regional Projects fund expenditures according to the following schedule:
Reporting Period
July 1 to September 31
October 1 to December 31
January 1 to March 31
April 1 to June 30
C. OTHER CONSIDERATIONS
Due Date
October31
January 31 of following calendar year
April 30
August 31 (60 days are provided for
the 4th quarter of each fiscal year}
1. PROJECT-Specific Allocation: RECIPIENT shall use all Regional Projects funds allocated to the PROJECT solely for the PROJECT. Any jurisdiction that violates this provision, as determined by the MCAG Governing Board or Measure V Citizens Oversight Committee, must fully reimburse all misspent funds, including all interest which would have been earned thereon.
The interest rate shall not exceed the maximum allowed by law.
2. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with the PROJECT, including direct staff costs and consultant costs, are eligible uses of said funds. Indirect costs, including, but not limited to, overhead costs such as rent, utilities, and human resources staff, are not allowed.
3. CEQA: The PROJECT shall comply with the California Environmental Quality Act (CEQA) and other environmental reviews as required.
4. Promotion: At a minimum, RECIPIENT agrees to promote the PROJECT through branded signage and is encouraged to utilize additional means such as news releases, social media, events, or any other tools to communicate to the public that the project was funded by Measure V. RECIPIENT also agrees to provide MCAG with at least five (5) photographs of the project, either in progress, before and after completion, or some combination thereof. At least one photograph of the completed PROJECT is required. 5
Measure V Regional Project Funding Agreement No. 20200721MF ARTICLE IV: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, MCAG may withhold reimbursement payment for the PROJECT until full compliance is achieved.
1. As a means to keep the public informed, the RECIPIENT, at a minimum, shall provide quarterly updates of current and accurate information on RECIPIENT's website (if applicable) and to MCAG for the Measure V website, related to the PROJECT'S progress.
2. RECIPIENT shall, at least annually, publish an article highlighting the PROJECT, or provide information to MCAG regarding such project or program for publication.
3. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPIENT's receipt, usage, and/or compliance with audit findings regarding the PROJECT before the Citizens Oversight Committee.
4. RECIPIENT agrees that MCAG may review and/or evaluate the PROJECT pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of MCAG to observe RECIPIENT's project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT's staff or governing body.
ARTICLE V: OTHER PROVISIONS
A. INDEMNITY BY RECIPIENT
Neither MCAG nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Regional Projects funds distributed to RECIPIENT for the PROJECT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that RECIPIENT shall fully defend, indemnify and hold harmless MCAG, its governing body, elected officials, officers, agents and employees from any liability imposed on MCAG for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT for the PROJECT in connection with the Regional Projects funds distributed to RECIPIENT pursuant to this AGREEMENT.
6
Measure V Regional Project Funding Agreement No. 20200721MF B. INDEMNITY BY MCAG
Neither RECIPIENT nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that MCAG shall fully defend, indemnify and hold harmless RECIPIENT, its governing body, elected officials, officers, agents and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT.
C. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Merced County, California.
D. ATTORNEY'S FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party.
E. TERM
The term of this AGREEMENT shall be from August 20th , 2020 to sixty (60) days following the completion of the scope of work as described in Article II, unless amended in writing or a new Measure V Regional Project Funding Agreement is executed between MCAG and RECIPIENT.
F. SEVERABILITV
If any provision of this AGREEMENT is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent necessary to render it 7
Measure V Regional Project Funding Agreement No. 20200721MF enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
G. ENTIRE AGREEMENT; MODIFICATION
This AGREEMENT, as well as the referenced Expenditure Plan, constitutes the entire AGREEMENT and supersedes all prior written or oral understandings regarding the Regional Projects funding for the PROJECT. This AGREEMENT may only be modified by a written agreement executed by both parties.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
CITY OF LIVINGSTON (RECIPIENT) MERCED COUNTY AsSOCIATION OF GOVERNMENTS (MCAG) By:
--=:s.....::;J~-=>~--~ By:
Jose Antonio Ramirez Date Date
"i-.2.1-'U>
City Manager Executive Director
Approved as to Legal Form: Reviewed as to Budget/Financial Controls:
By:
Date
City Attorney Finance Director
Approved as to Legal Form:
By:
EmilyH~ Date
Legal Counsel to MCAG
8
STAFF REPORT
AGENDA ITEM: Adopt a Resolution approving the Measure V Regional Project Funding Agreement between the Merced County Association of Governments and the City of Livingston for the Winton Parkway Rehabilitation Project and authorizing the City Manager to execute the Agreement and any amendments
thereto.
MEETING DATE: July 15, 2025
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:
Staff recommends that the Livingston City Council adopt Resolution No. 2025-____, approving the Measure V Regional Project Funding Agreement between the Merced County Association of Governments (MCAG) and the City of Livingston for the Winton Parkway Rehabilitation Project (Project and authorizing the City Manager to execute the Agreement and any amendments thereto.
EXECUTIVE SUMMARY:
Measure V, Merced County’s half-cent transportation sales tax, provides funding for regional projects through competitive “Calls for Projects.” Through this process, MCAG awarded the City $2,190,000, for the Winton Parkway Rehabilitation Project, which was identified as Priority 1 in the City’s adopted project list. Currently, MCAG has approved the allocation of $253,000 for the Design (PS&E) for this Project per the attached funding agreement (see Attachment 2). Council approval of the funding agreement is needed to secure these funds. The City Manager requires Council approval to execute the Agreement and any subsequent amendments up to the total award amount.
BACKGROUND:
Measure V was approved by Merced County voters in November 2016. The 30-year, halfcent transportation sales tax is projected to generate approximately $450 million. Of that, 44 percent is dedicated to regional projects, with 27 percent allocated to projects east of the San Joaquin River and 17 percent to projects west of the river.
According to MCAG’s adopted policies, regional project funding is available for projects located on regional transportation facilities, those that provide benefits to multiple jurisdictions, or projects classified as mass transit improvements.
On July 18, 2023, the Livingston City Council adopted Resolution No. 2023-53, prioritizing five projects for Measure V regional funding as summarized in the table below:
Priority Project
1 Winton Parkway Rehabilitation (SR 99 to Joseph Gallo Court) 2 Livingston (ACE) Transit Center, Phase 1 and 2
3 Hammatt and Campbell Intersection Improvements
4 Campbell Boulevard Rehabilitation (Hammatt to Main Street) 5 Class 1 Trail (Livingston Transit Center to Livingston Central Commons Development
The Winton Parkway Rehabilitation Project will be completed in various components including the Design (“PS&E”) and Construction.
DISCUSSION:
The City proposes to rehabilitate the pavement on Winton Parkway from the SR-99 southbound off/on ramps (north limit) to approximately 200 feet south of the Joseph Gallo Court intersection (south limit). Additionally, the project includes pavement rehabilitation on Joseph Gallo Court from the east side of the Winton Parkway intersection (west limit) to the cul-de-sac terminus (east limit).
The total estimated project cost is $2,190,000. The City has secured the full project cost amount through Measure V Regional Funds for the Winton Parkway Rehabilitation Project.
The total estimated Project cost for completing the PS&E component is $253,000. This funding agreement provides $253,000 for funding the PS&E component of the Project.
MCAG will approve additional funding for the project once the City is ready to proceed with the next project component. The City Council hereby delegates authority to the City Manager to execute the current agreement and any future amendments up to the total award amount.
FISCAL IMPACT:
Authorize the Finance Department to make a supplemental appropriation to the revenue and expense account in Fund 1224 Measure V Regional Improvements for $2,190,000.
From the award amount, only $253,000 will be allocated at this time for completing the PS&E for the Project.
ATTACHMENTS:
1. Resolution No. 2025-
2. Measure V Regional Project Funding Agreement
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
APPROVING THE MEASURE V REGIONAL PROJECT FUNDING AGREEMENT
BETWEEN THE MERCED COUNTY ASSOCIATION OF GOVERNMENTS AND THE
CITY OF LIVINGSTON FOR THE WINTON PARKWAY REHABILITATION PROJECT
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND
ANY AMENDMENTS THERETO
WHEREAS, on November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 18000 et. seq., approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax (“Measure V”); and
WHEREAS, the duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in Merced County’s 2016 – ½ Cent Transportation Sales Tax Measure Expenditure Plan, as it may be amended in accordance with State law; and
WHEREAS, the City of Livingston submitted a funding application for the Winton Parkway Rehabilitation Project that includes rehabilitation the pavement on Winton Parkway from the SR-99 southbound off/on ramps (North Limit) to 200 LF +/- South of the Joseph Gallo Court intersection (South Limit) (“Project”); and WHEREAS, the Project is of regional significance by maintaining the existing regional connectivity of the Winton Parkway corridor to the City of Livingston; and WHEREAS, the Project was recommended by the appropriate Regional Projects Committee of authority based on the Project location, was approved by the MCAG Governing Board, and is included in the current 2023 Measure V Implementation Plan adopted January 18, 2024; and
WHEREAS, the City received a $2,190,000 award for the Project with the initial allocation of $253,000 for the Design (PS&E) component. The funding for this project was programmed for FY25/26 per the 2023 Measure V Implementation Plan; and WHEREAS, the City Council delegates authority to the City Manager to execute the current agreement and any future amendments up to the total award amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby:
1. Finds the above recitals are true and correct and incorporated herein by this reference.
2. Approves the Measure V Regional Project Funding Agreement between Merced County Association of Governments and the City of Livingston to provide up to $2,190,000 for the Winton Parkway Rehabilitation Project.
3. Authorizes the City Manager to execute the current Agreement and any amendments thereto up to the total award amount.
4. Authorize the Finance Department to make a supplemental appropriation for $2.19 million to the revenue and expense account from Fund 1124 – Measure V – Regional Improvements.
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 15th day of July 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
________________________
Marc B. Tran, City Attorney
MEASURE V REGIONAL PROJECT FUNDING AGREEMENT
between
MERCED COUNTY ASSOCIATION OF GOVERNMENTS
and the
CITY OF LIVINGSTON
This Measure V Regional Project Funding Agreement (“AGREEMENT”), effective the ______ day of _____________, 20_____ is entered into by and between Merced County Association of Governments, a joint powers authority pursuant to California Government Code Section 6500 et seq. (MCAG), and the City of Livingston (“RECIPIENT”) for the Design phase of the WINTON PARKWAY REHABILITATION Project (“PROJECT”).
RECITALS
A. On November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. (“Act”), approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax (“Measure V”).
B. The duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in Merced County’s 2016 – ½ Cent Transportation Sales Tax Measure Expenditure Plan (“Expenditure Plan”), as it may be amended in accordance with State law.
C. This AGREEMENT delineates the rights and responsibilities of the Parties hereto as they relate to the Regional Projects funds that are allocated to the PROJECT by the MCAG Governing Board, as authorized by the Expenditure Plan.
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
«NieasureV
ARTICLE I: REGIONAL PROJECTS FUNDING ALLOCATION
This AGREEMENT authorizes MCAG to allocate Regional Projects funds derived from Measure V receipts to RECIPIENT in accordance with the voter-approved Expenditure Plan based on the PROJECT’s satisfaction of the following criteria:
• The PROJECT is of regional significance by being located on the State Highway System, the Regional Road System, in more than one jurisdiction, and/or directly benefiting more than one jurisdiction.
• The PROJECT is included in the applicable Regional Transportation Plan (RTP). • The PROJECT was recommended by the appropriate Regional Projects Committee of authority based on the PROJECT location.
• The PROJECT was approved by the MCAG Governing Board. • The PROJECT is included in the current Measure V Implementation Plan.
ARTICLE II: PROJECT SCOPE, COSTS, AND SCHEDULE
A. Project Scope
1. The funding allocation subject to this AGREEMENT was approved by the MCAG Governing Board for the PROJECT, defined specifically as the Design phase of the Winton Parkway Rehabilitation project.
2. The Winton Parkway Rehabilitation project in full will rehabilitate Winton Parkway from the SR 99 southbound ramps to just south of the Joseph Gallo Court intersection.
3. In utilizing the Measure V funding allocation, the RECIPIENT shall only proceed with work authorized for the specific phase(s) with written “Authorization to Proceed.” Within 5 days of the execution of this AGREEMENT or amendment thereof, MCAG shall provide a written “Authorization to Proceed” to the RECIPIENT.
B. Project Costs
1. The Winton Parkway Rehabilitation project has a total estimated project cost of $2,190,000 as of the date of this AGREEMENT.
2. The PROJECT has been approved for a total allocation from the Measure V East Side Regional Projects funding account in an amount not to exceed $253,000 as subject to this AGREEMENT.
3. The RECIPIENT is responsible for any PROJECT cost overruns. Requests for additional Measure V regional projects revenue beyond what is approved and programmed in the current Implementation Plan may be considered by MCAG through an amendment to the Implementation Plan. All Implementation Plan amendments must be approved by the Governing Board.
4. Regional funding allocated to RECPIENT for the PROJECT that remains unspent at the completion of the PROJECT will remain in the appropriate Regional Projects funding account and will be eligible for future programming to regional projects as authorized by the Expenditure Plan.
C. Project Schedule
1. RECIPIENT shall adhere to the following schedule to deliver the PROJECT in a timely manner.
Inactivity causing delays of 6 months or more during any phase of the PROJECT shall require action from the MCAG Governing Board to either extend the PROJECT schedule through an amendment to this AGREEMENT or reallocate the PROJECT’s funding to another project in the current Implementation Plan.
a. Design December 2025 – December 2026
b. Construction June 2027
2. The RECIPIENT has six months from the date of this AGREEMENT to execute consultant contracts or initiate work if done by the RECIPIENT’s staff.
3. The RECIPIENT shall advertise, award, and administer the PROJECT in accordance with RECIPIENT standards and all applicable federal and state laws.
4. Award information shall be submitted by the RECIPIENT to MCAG within sixty (60) days after the project contract award.
5. If no costs have been invoiced for a six-month period, RECIPIENT agrees to submit for each phase a written explanation of the absence of the PROJECT’s activity along with target billing date and target billing amount.
6. Measure V Regional Projects funding allocated to the PROJECT that remains unused at the conclusion of the PROJECT schedule above (including any extensions authorized by MCAG) may be redistributed to other regional projects within the current Implementation Plan at the discretion of the MCAG Governing Board.
D. Changes to Project
Changes to the PROJECT scope, schedule or Measure V Regional Projects funding allocation may require an amendment to the Measure V Implementation Plan at the discretion of the MCAG Governing Board. Subsequently, any amendments to the Implementation Plan related to the PROJECT will also require an amendment to this AGREEMENT, requiring action from both parties.
ARTICLE III: FUNDING AND EXPENDITURES
A. MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG)
1. RECIPIENT shall be reimbursed no later than thirty (30) days following the submission of invoices to MCAG for allowed PROJECT costs, with the exception of costs associated with compliance with the requirements outlined in Article IV, Section A of this AGREEMENT.
2. MCAG shall provide the reimbursement forms and documentation requirements for the submission of invoices to RECIPIENT no later than thirty (30) days following the date of this AGREEMENT.
3. MCAG shall include Measure V Regional Projects funds distributed to the PROJECT in a quarterly report to the MCAG Governing Board.
4. Per the Expenditure Plan, MCAG shall provide for an independent annual audit of Measure V revenue and expenditures for all funding categories, including the PROJECT.
5. MCAG shall provide thirty (30) days notice to RECIPIENT prior to conducting an audit of Regional Project funds received by RECIPIENT for the PROJECT to determine whether the RECIPIENT’s use of said funds is in compliance with this AGREEMENT and the Expenditure Plan.
B. RECIPIENT’S DUTIES AND OBLIGATIONS
1. RECIPIENT shall use all Regional Projects funds received for this PROJECT in compliance with the applicable guidelines and plan(s), as they may be adopted or amended by the MCAG Governing Board in accordance with applicable law.
2. RECIPIENT must account for Regional Projects funds separately – independent of Measure V Local Projects accounts. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds. MCAG and its representatives and agents shall have the right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by applicable law.
3. RECIPIENT will utilize the Designated Reporting Tool to provide MCAG with the required information related to Regional Projects fund expenditures according to the following schedule:
Quarter Reporting Period Due Date*
FY Q1 July 1 to September 30 October 31
FY Q2 October 1 to December 31 January 31
FY Q3 January 1 to March 31 April 30
FY Q4 April 1 to June 30 August 31**
*If the due date falls on a weekend/holiday, the quarterly reports are due the next business day. **60 days provided for the 4th quarter of each fiscal year.
C. OTHER CONSIDERATIONS
1. PROJECT-Specific Allocation: RECIPIENT shall use all Regional Projects funds allocated to the PROJECT solely for the PROJECT. Any jurisdiction that violates this provision, as determined by the MCAG Governing Board or Measure V Citizens Oversight Committee, must fully reimburse all misspent funds, including all interest which would have been earned thereon.
The interest rate shall not exceed the maximum allowed by law.
2. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with the PROJECT, including direct staff costs and consultant costs, are eligible uses of said funds. Indirect costs, including, but not limited to, overhead costs such as rent, utilities, and human resources staff, are not allowed.
3. CEQA: The PROJECT shall comply with the California Environmental Quality Act (CEQA) and other environmental reviews as required.
4. Promotion: At a minimum, RECIPIENT agrees to promote the PROJECT through branded signage and is encouraged to utilize additional means such as news releases, social media, events, or any other tools to communicate to the public that the project was funded by Measure V. RECIPIENT also agrees to provide MCAG with at least five (5) photographs of the project, either in progress, before and after completion, or some combination thereof. At least one photograph of the completed PROJECT is required.
ARTICLE IV: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, MCAG may withhold reimbursement payment for the PROJECT until full compliance is achieved.
1. As a means to keep the public informed, the RECIPIENT, at a minimum, shall provide quarterly updates of current and accurate information on RECIPIENT’s website (if applicable) and to MCAG for the Measure V website, related to the PROJECT’s progress.
2. RECIPIENT shall, at least annually, publish an article highlighting the PROJECT, or provide information to MCAG regarding such project or program for publication.
3. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPIENT’s receipt, usage, and/or compliance with audit findings regarding the PROJECT before the Citizens Oversight Committee.
4. RECIPIENT agrees that MCAG may review and/or evaluate the PROJECT pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of MCAG to observe RECIPIENT’s project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT’s staff or governing body.
ARTICLE V: OTHER PROVISIONS
A. INDEMNITY BY RECIPIENT
Neither MCAG nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Regional Projects funds distributed to RECIPIENT for the PROJECT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that RECIPIENT shall fully defend, indemnify and hold harmless MCAG, its governing body, elected officials, officers, agents and employees from any liability imposed on MCAG for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT for the PROJECT in connection with the Regional Projects funds distributed to RECIPIENT pursuant to this AGREEMENT.
B. INDEMNITY BY MCAG
Neither RECIPIENT nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that MCAG shall fully defend, indemnify and hold harmless RECIPIENT, its governing body, elected officials, officers, agents and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT.
C. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Merced County, California.
D. ATTORNEY’S FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party.
E. TERM
The term of this AGREEMENT shall be from the effective date to sixty (60) days following the completion of the scope of work as described in Article II, unless amended in writing or a new Measure V Regional Project Funding Agreement is executed between MCAG and RECIPIENT.
F. SEVERABILITY
If any provision of this AGREEMENT is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
G. ENTIRE AGREEMENT; MODIFICATION
This AGREEMENT, as well as the referenced Expenditure Plan, constitutes the entire AGREEMENT and supersedes all prior written or oral understandings regarding the Regional Projects funding for the PROJECT. This AGREEMENT may only be modified by a written agreement executed by both parties.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
CITY (RECIPIENT) MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) By: By:
Name Date
Title
Stacie Guzman Date
Executive Director
Approved as to Budget/Financial Controls: Reviewed as to Budget/Financial Controls:
By: By:
Name Date
Title
Nav Bagri Date
Finance Director
Approved as to Legal Form: Approved as to Legal Form:
By: By:
Legal Counsel Date Emily Haden Date
Legal Counsel to MCAG
•
•
STAFF REPORT
AGENDA ITEM: Adopt a Resolution approving the Measure V Regional Project Funding Agreement between the Merced County Association of Governments and the City of Livingston for the Livingston Transit Center – Phase 1 Project and authorizing the City Manager to execute the Agreement and any amendments thereto.
MEETING DATE: July 15, 2025
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:
Staff recommends that the Livingston City Council adopt Resolution No. 2025-____, approving the Measure V Regional Project Funding Agreement between the Merced County Association of Governments (MCAG) and the City of Livingston for the Livingston Transit Center – Phase 1 Project, and authorizing the City Manager to execute the Agreement and any amendments thereto.
EXECUTIVE SUMMARY:
Measure V, Merced County’s half-cent transportation sales tax, provides funding for regional projects through competitive “Calls for Projects.” Through this process, MCAG has awarded the City a total of $1.9 million for of the Livingston Transit Center Phase 1 Project, which was identified as Priority 2 of 5 in the City’s adopted project list. Currently, MCAG has approved the allocation of $165,000 for the Project Study Report (PSR) for this project per the attached funding agreement (see Attachment 2). Council approval of the funding agreement is needed to secure these funds.
BACKGROUND:
Measure V was approved by Merced County voters in November 2016. The 30-year, half-cent transportation sales tax is projected to generate approximately $450 million. Of that, 44 percent is dedicated to regional projects, with 27 percent allocated to projects east of the San Joaquin River and 17 percent to projects west of the river.
According to MCAG’s adopted policies, regional project funding is available for projects located on regional transportation facilities, those that provide benefits to multiple jurisdictions, or projects classified as mass transit improvements.
On July 18, 2023, the Livingston City Council adopted Resolution No. 2023-53, prioritizing five projects for Measure V regional funding as summarized in the table below:
Priority Project
1 Winton Parkway Rehabilitation (SR 99 to Joseph Gallo Court) 2 Livingston (ACE) Transit Center, Phase 1 and 2
3 Hammatt and Campbell Intersection Improvements
4 Campbell Boulevard Rehabilitation (Hammatt to Main Street) 5 Class 1 Trail (Livingston Transit Center to Livingston Central Commons Development
The Livingston Transit Center – Phase 1 Project will be completed in various components including the PSR, Environmental (PA&ED), Design (PS&E), Right-of Way, and Construction.
DISCUSSION:
The Livingston Transit Center is proposed to be located on Main Street at the railroad tracks and will serve as a hub for both regional and local bus services, with accommodations for future commuter rail. Phase 1 improvements include the construction of bus bays and passenger shelters, a transit center building, parking and drop-off areas, and enhanced pedestrian and bicycle connections. The rail platform improvements would be completed with Phase 2 and any other future phases.
The total estimated cost of Phase 1 is currently $5,415,000, but it is anticipated to be refined with the Project Study Report (PSR) process. The City has already secured $1.9 million in Measure V Regional Funds for the Livingston Transit Center Phase 1 Project. The funding agreement provides $165,000 for funding the PSR component of the Project. MCAG will approve additional funding for the Project once the City is ready to proceed with the next project component. The City Council hereby delegates authority to the City Manager to execute the current agreement and any future amendments up to the total award amount.
FISCAL IMPACT:
Measure V funding has been awarded for the Livingston Transit Center Phase 1 Project in the amount of $1.9 million. From the award amount, only $165,000 will be allocated at this time for completing the PSR for the project. Authorize the Finance Department to make a supplemental appropriation to the expense account and increase the revenue by $1.9 Million Fund 1224 – Measure V Regional Improvements.
ATTACHMENTS:
1. Resolution No. 2025-
2. Measure V Regional Project Funding Agreement
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
APPROVING THE MEASURE V REGIONAL PROJECT FUNDING AGREEMENT
BETWEEN THE MERCED COUNTY ASSOCIATION OF GOVERNMENTS AND THE CITY OF LIVINGSTON FOR THE LIVINGSTON TRANSIT CENTER – PHASE 1
PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT AND ANY AMENDMENTS THERETO
WHEREAS, on November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 18000 et. seq., approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax (“Measure V”); and
WHEREAS, the duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in Merced County’s 2016 – ½ Cent Transportation Sales Tax Measure Expenditure Plan, as it may be amended in accordance with State law; and
WHEREAS, the City of Livingston submitted a funding application for the Livingston Transit Center Phase 1 Project (Project) that includes regional and local bussing, parking area improvements, non-motorized transportation improvements, transit center building, and busing facilities; and
WHEREAS, the Project is of regional significance by connecting local and nearby residents to regional transportation services including bussing transportation to local destinations, locations within Merced County, and locations in bordering Counties; and WHEREAS, the Project was recommended by the appropriate Regional Projects Committee of authority based on the Project location, was approved by the MCAG Governing Board, and is included in the current 2023 Measure V Implementation Plan adopted January 18, 2024; and
WHEREAS, the City received a $1.9 Million award for the Project with the initial allocation of $165,000 for the PSR component. The funding for this project was programmed for FY24/25 per the 2023 Measure V Implementation Plan; and WHEREAS, the City Council delegates authority to the City Manager to execute the current agreement and any future amendments up to the total award amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby:
1. Find the above recitals are true and correct findings of the Livingston City Council.
2. Approves the Measure V Regional Project Funding Agreement between Merced County Association of Governments and the City of Livingston to provide up to $1.9 million for the Livingston Transit Center Phase 1 Project.
3. Authorizes the City Manager to execute the current Agreement and any amendments thereto up to the total award amount.
4. Authorize the Finance Department to make a supplemental appropriation to the expense account and increase the revenue by $1.9 Million Fund 1224 – Measure V Regional Improvements.
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 15th day of July 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
________________________
Marc B. Tran, City Attorney
MEASURE V REGIONAL PROJECT FUNDING AGREEMENT
between
MERCED COUNTY ASSOCIATION OF GOVERNMENTS
and the
CITY OF LIVINGSTON
This Measure V Regional Project Funding Agreement (“AGREEMENT”), effective the __________day of _______________, 20_______, is entered into by and between Merced County Association of Governments, a joint powers authority pursuant to California Government Code Section 6500 et seq. (MCAG), and the City of Livingston (“RECIPIENT”) for the Project Study Report (or equivalent) for the LIVINGSTON TRANSIT CENTER, PHASE 1 project (“PROJECT”).
RECITALS
A. On November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. (“Act”), approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax (“Measure V”).
B. The duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in Merced County’s 2016 – ½ Cent Transportation Sales Tax Measure Expenditure Plan (“Expenditure Plan”), as it may be amended in accordance with State law.
C. This AGREEMENT delineates the rights and responsibilities of the Parties hereto as they relate to the Regional Projects funds that are allocated to the PROJECT by the MCAG Governing Board, as authorized by the Expenditure Plan.
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
«NieasureV
ARTICLE I: REGIONAL PROJECTS FUNDING ALLOCATION
This AGREEMENT authorizes MCAG to allocate Regional Projects funds derived from Measure V receipts to RECIPIENT in accordance with the voter-approved Expenditure Plan based on the PROJECT’s satisfaction of the following criteria:
• The PROJECT is of regional significance by being located on the State Highway System, the Regional Road System, in more than one jurisdiction, and/or directly benefiting more than one jurisdiction.
• The PROJECT is included in the applicable Regional Transportation Plan (RTP). • The PROJECT was recommended by the appropriate Regional Projects Committee of authority based on the PROJECT location.
• The PROJECT was approved by the MCAG Governing Board. • The PROJECT is included in the current Measure V Implementation Plan.
ARTICLE II: PROJECT SCOPE, COSTS, AND SCHEDULE
A. Project Scope
1. The funding allocation subject to this AGREEMENT was approved by the MCAG Governing Board for the PROJECT, defined specifically as the PSR for the Transit Center, Phase 1 project.
2. The Transit Center project in full will construct a transit center on Main Street at the railroad tracks in the City of Livingston that will serve as the hub for commuter rail and bus transit services. Phase 1 will focus on regional local bus transit to include parking area improvements, non-motorized transportation improvements, the construction of the transit center building and bus facilities.
3. In utilizing the Measure V funding allocation, the RECIPIENT shall only proceed with work authorized for the specific phase(s) with written “Authorization to Proceed.” Within 5 days of the execution of this AGREEMENT or amendment thereof, MCAG shall provide a written “Authorization to Proceed” to the RECIPIENT.
B. Project Costs
1. The Transit Center, Phase 1, has a total estimated project cost of $5,415,000 as of the date of this AGREEMENT.
2. The PROJECT has been approved for an allocation from the Measure V East Side Regional Projects funding account in an amount not to exceed $1,900,000. Of this allocation, $_________ is available for the completion of PSR.
3. The RECIPIENT is responsible for any PROJECT cost overruns. Requests for additional Measure V regional projects revenue beyond what is approved and programmed in the current Implementation Plan may be considered by MCAG through an amendment to the Implementation Plan. All Implementation Plan amendments must be approved by the Governing Board.
4. Regional funding allocated to RECPIENT for the PROJECT that remains unspent at the completion of the PROJECT will remain in the appropriate Regional Projects funding account and will be eligible for future programming to regional projects as authorized by the Expenditure Plan.
C. Project Schedule
1. RECIPIENT shall adhere to the following schedule to deliver the PROJECT in a timely manner.
Inactivity causing delays of 6 months or more during any phase of the PROJECT shall require action from the MCAG Governing Board to either extend the PROJECT schedule through an amendment to this AGREEMENT or reallocate the PROJECT’s funding to another project in the current Implementation Plan.
a. Project Study Report December 2025 – December 2027
2. The RECIPIENT has six months from the date of this AGREEMENT to execute consultant contracts or initiate work if done by the RECIPIENT’s staff.
3. The RECIPIENT shall advertise, award, and administer the PROJECT in accordance with RECIPIENT standards and all applicable federal and state laws.
4. Award information shall be submitted by the RECIPIENT to MCAG within sixty (60) days after the project contract award.
5. If no costs have been invoiced for a six-month period, RECIPIENT agrees to submit for each phase a written explanation of the absence of the PROJECT’s activity along with target billing date and target billing amount.
6. Measure V Regional Projects funding allocated to the PROJECT that remains unused at the conclusion of the PROJECT schedule above (including any extensions authorized by MCAG) may be redistributed to other regional projects within the current Implementation Plan at the discretion of the MCAG Governing Board.
-
D. Changes to Project
Changes to the PROJECT scope, schedule or Measure V Regional Projects funding allocation may require an amendment to the Measure V Implementation Plan at the discretion of the MCAG Governing Board. Subsequently, any amendments to the Implementation Plan related to the PROJECT will also require an amendment to this AGREEMENT, requiring action from both parties.
ARTICLE III: FUNDING AND EXPENDITURES
A. MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG)
1. RECIPIENT shall be reimbursed no later than thirty (30) days following the submission of invoices to MCAG for allowed PROJECT costs, with the exception of costs associated with compliance with the requirements outlined in Article IV, Section A of this AGREEMENT.
2. MCAG shall provide the reimbursement forms and documentation requirements for the submission of invoices to RECIPIENT no later than thirty (30) days following the date of this AGREEMENT.
3. MCAG shall include Measure V Regional Projects funds distributed to the PROJECT in a quarterly report to the MCAG Governing Board.
4. Per the Expenditure Plan, MCAG shall provide for an independent annual audit of Measure V revenue and expenditures for all funding categories, including the PROJECT.
5. MCAG shall provide thirty (30) days notice to RECIPIENT prior to conducting an audit of Regional Project funds received by RECIPIENT for the PROJECT to determine whether the RECIPIENT’s use of said funds is in compliance with this AGREEMENT and the Expenditure Plan.
B. RECIPIENT’S DUTIES AND OBLIGATIONS
1. RECIPIENT shall use all Regional Projects funds received for this PROJECT in compliance with the applicable guidelines and plan(s), as they may be adopted or amended by the MCAG Governing Board in accordance with applicable law.
2. RECIPIENT must account for Regional Projects funds separately – independent of Measure V Local Projects accounts. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds. MCAG and its representatives and agents shall have the
right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by applicable law.
3. RECIPIENT will utilize the Designated Reporting Tool to provide MCAG with the required information related to Regional Projects fund expenditures according to the following schedule:
Quarter Reporting Period Due Date*
FY Q1 July 1 to September 30 October 31
FY Q2 October 1 to December 31 January 31
FY Q3 January 1 to March 31 April 30
FY Q4 April 1 to June 30 August 31**
*If the due date falls on a weekend/holiday, the quarterly reports are due the next business day. **60 days provided for the 4th quarter of each fiscal year.
C. OTHER CONSIDERATIONS
1. PROJECT-Specific Allocation: RECIPIENT shall use all Regional Projects funds allocated to the PROJECT solely for the PROJECT. Any jurisdiction that violates this provision, as determined by the MCAG Governing Board or Measure V Citizens Oversight Committee, must fully reimburse all misspent funds, including all interest which would have been earned thereon.
The interest rate shall not exceed the maximum allowed by law.
2. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with the PROJECT, including direct staff costs and consultant costs, are eligible uses of said funds. Indirect costs, including, but not limited to, overhead costs such as rent, utilities, and human resources staff, are not allowed.
3. CEQA: The PROJECT shall comply with the California Environmental Quality Act (CEQA) and other environmental reviews as required.
4. Promotion: At a minimum, RECIPIENT agrees to promote the PROJECT through branded signage and is encouraged to utilize additional means such as news releases, social media, events, or any other tools to communicate to the public that the project was funded by Measure V. RECIPIENT also agrees to provide MCAG with at least five (5) photographs of the project, either in progress, before and after completion, or some combination thereof. At least one photograph of the completed PROJECT is required.
ARTICLE IV: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, MCAG may withhold reimbursement payment for the PROJECT until full compliance is achieved.
1. As a means to keep the public informed, the RECIPIENT, at a minimum, shall provide quarterly updates of current and accurate information on RECIPIENT’s website (if applicable) and to MCAG for the Measure V website, related to the PROJECT’s progress.
2. RECIPIENT shall, at least annually, publish an article highlighting the PROJECT, or provide information to MCAG regarding such project or program for publication.
3. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPIENT’s receipt, usage, and/or compliance with audit findings regarding the PROJECT before the Citizens Oversight Committee.
4. RECIPIENT agrees that MCAG may review and/or evaluate the PROJECT pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of MCAG to observe RECIPIENT’s project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT’s staff or governing body.
ARTICLE V: OTHER PROVISIONS
A. INDEMNITY BY RECIPIENT
Neither MCAG nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Regional Projects funds distributed to RECIPIENT for the PROJECT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that RECIPIENT shall fully defend, indemnify and hold harmless MCAG, its governing body, elected officials, officers, agents and employees from any liability imposed on MCAG for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT for the PROJECT in
connection with the Regional Projects funds distributed to RECIPIENT pursuant to this AGREEMENT.
B. INDEMNITY BY MCAG
Neither RECIPIENT nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that MCAG shall fully defend, indemnify and hold harmless RECIPIENT, its governing body, elected officials, officers, agents and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT.
C. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Merced County, California.
D. ATTORNEY’S FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party.
E. TERM
The term of this AGREEMENT shall be from the effective date to sixty (60) days following the completion of the scope of work as described in Article II, unless amended in writing or a new Measure V Regional Project Funding Agreement is executed between MCAG and RECIPIENT.
F. SEVERABILITY
If any provision of this AGREEMENT is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent necessary to render it
enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
G. ENTIRE AGREEMENT; MODIFICATION
This AGREEMENT, as well as the referenced Expenditure Plan, constitutes the entire AGREEMENT and supersedes all prior written or oral understandings regarding the Regional Projects funding for the PROJECT. This AGREEMENT may only be modified by a written agreement executed by both parties.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
COUNTY OF MERCED (RECIPIENT) MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) By: By:
Name Date
Title
Stacie Guzman Date
Executive Director
Approved as to Budget/Financial Controls: Reviewed as to Budget/Financial Controls:
By: By:
Name Date
Title
Nav Bagri Date
Finance Director
Approved as to Legal Form: Approved as to Legal Form:
By: By:
•
•
Legal Counsel Date Emily Haden Date
Legal Counsel to MCAG
STAFF REPORT
AGENDA ITEM: ADOPT RESOLUTION AUTHORIZING THE FINAL PAYMENT OF $14,545.50 TO LIVINGSTON SELF STORAGE FOR VEHICLE
STORAGE FEES.
MEETING DATE: July 15, 2025
PREPARED BY: John Ramirez, Interim Chief of Police
REVIEWED BY: José A. Ramírez, City Manager
RECOMMENDATION:
To approve a resolution of the City Council of Livingston to authorize the final payment of $14,545.50 to Livingston Self Storage for vehicle storage fees.
BACKGROUND:
The Livingston Police Department has historically utilized the Livingston Self Storage yard to secure vehicles believed to be evidence in various criminal cases. Vehicles are charged at the rate of $0.50 cents per day, per vehicle. The balanced owed is paid when and if the vehicle is removed from the tow yard. As of October of 2024, there were 11 (eleven) vehicles held at the storage facility. The Livingston Police Department initiated an audit and found that vehicles had been in storage since as early as 12/29/2006. Detectives of the Livingston Police Department reviewed the case files for each vehicle and then, in consultation with the County District Attorney’s Office, developed action plans to release vehicles where appropriate and lawful.
As part of our internal audit, we determined that a more cost-effective way to retain vehicles as evidence was to develop our own tow/vehicle retention yard. With the assistance of the Department of Public Works, the Livingston Police Department has a suitable evidence yard with sufficient security which was completed last week. The last two remaining vehicles in the Livingston Self Storage yard were removed to our new facility this week. The Police Evidence Yard is located on City property, so there is no further storage fees associated with the retention of evidence vehicles.
DISCUSSION:
At the conclusion of our audit and subsequent review, we determined that $16,145.50 was owed to Livingston Self Storage. Several vehicles have been removed in the past months. Now that all the vehicles have been removed from the tow yard, a balance of $14,545.50 is owed for a total of eleven (11) vehicles that were in storage from 2006 to 2025. This is the final bill, with no further payments due in the future. Each vehicle associated with this final bill amount is listed in the attached Invoices.
FISCAL IMPACT:
Staff is requesting authorizing the Finance Department to make a supplemental appropriation in the amount not to exceed $14,545.50 from the General Fund (account 1100-102-4619).
ATTACHMENTS:
Resolution
Invoice March 10,2024
Invoice #2025-2
Invoice #2025-3
Invoice #2025-4
RESOLUTION 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON TO AUTHORIZE THE PAYMENT OF $14,545.50 TO LIVINGSTON SELF STORAGE FOR VEHICLE STORAGE FEES.
WHEREAS, the Livingston Police Department has utilized the Livingston Self Storage yard for the retention of vehicles held as evidence at the expense of .50 cents per day, per vehicle.
WHEREAS, a bill for storage fees has accumulated to the sum of $14,545.50, as the City of Livingston concludes its arrangement to store evidence vehicles at that facility.
WHEREAS, and the City of Livingston has developed its own vehicle evidence storage and retention yard.
WHEREAS, the Livingston Police Department will no longer need, or use the tow yard located at the Livingston Self Storage facility.
WHEREAS, funding for the payment will be drawn from the 25/26 General Fund budget (Account #1100-102-4619), with additional future cost savings realized through development of a City owned facility.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:
1. The City Council hereby authorizes the payment of $14,545.50 to Livingston Self Storage.
2. The City Council authorizes the Finance Department for an supplemental appropriation of $14,545.50 from General Fund (Account #1100-102-4619).
3. The City Manager, or their designee, is authorized to execute all documents necessary to complete the payment.
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 3rd day of June 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ______________________
Jose A. Moran, Mayor
Of City of Livingston
ATTEST:
_______________________
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
APPROVED AS TO LEGAL FORM
________________________
Marc B. Tran, City Attorney
LIVINGSTON SELF STORAGE
2370 WALNUT AVENUE, LIVINGSTON, CA 95334
209.394.6158
BILL TO
------ Livingston Police Dept
1416 C Street
Livingston, CA 95334
SHIP TO
Same as recipient
Date: March 10, 2025
INSTRUCTIONS
Please pay within 30 days
NUMBER OF DAYS VEHICLE DESCRIPTION UNIT PRICE TOTAL
Attached All
Attached All
Attached All
Attached All
Attached All
Date: January 31, 2025
Through 12/31/23
01/ 01/24 Through 2/ 29/24
3/1/24 Through -12/31/24
01/01/25-Through 02/10/25
01/01/25 Through 02/11/25
Red Chevy Truck
Acura RL Black
Hyundai Elantra Gray
Buick Regal Green
DESCRIPTION:. _____ _
ACCOUNT:.--:::==--n--r::;::.~~
APPROVAL:,J~~JJt::::::t"..:::~
SUBTOTAL
TOTAL DUE BY DATE
Thank you for your business!
$5,979.00
$120.00
$1,200.00
$ 40.00
$123.00
$7,462.00
$7,462.00
A B C D E F G H
I I I 1 City of Livingston Impound Yard Through December 31, 2023 -, 2 Rent per day
- - +-
1 ucense # 3 Make/Model Date In I Date Out #of days 0.50 Amount Due Date Paid 4 Chevy Truck Red 3/31/2015 3196 $ 0.50 $ 1,598.00
5 Accura RL Black 5/28/2021 948 $ 0.50 $ 474.00
6 Hondi Elantra Gray 8/5/2019 1609 $ 0.50 $ 804.50
7 Buick Regal Green 12/29/2006 6205 $ 0.50 $ 3,102.50
8 9 TOTAL DUE $ 5,979.00
10 11
12 13 14
15 16 17 18 19
20 21
22
LIVINGSTON SELF STORAGE
2370 WALNUT AVENUE, LIVINGSTON, CA 95334
209.394.6158
BILL TO
Livingston Police Dept
1416 C Street
Livingston, CA 95334
SHIP TO
Same as recipient
Invoice# 2025-2
INSTRUCTIONS
Please pay within 30 days
NUMBER OF DAYS VEHICLE DESCRIPTION UNIT PRICE TOTAL
Attached All
Attached All
Attached All
Attached All
Date: April 17th, 2025
Through 12/31/23
01/01/24 Through 02/29/24
3/01/24 Through 12/31/24
01/01/25 Through 04/09/25
Nissan Car Green
Mitsubishi Gold
Gold Honda
SUBTOTAL
TOTAL DUE BY DATE
Thank you for your business!
$2,947.00
$ 90.00
$ 900.00
$ 297.00
$4,234.00
$4,234.00
A B C D E F G H
1 City of Livingston Impound Yard Through I I
2 Rent per day I December 31, 2023
3 Make/Model Date In Date Out I #ofdays 0.50 Amount Due Date Paid License# 4 Nissan Car Green 3/26/2021 1011 $ 0.50 $ 505.50
5 Mitsubishi 4 Door Gold 6/8/2014 3492 $ 0.50 $ 1,746.00 6 Gold Honda 4 door 11/20/2020 1391 $ 0.50 $ 695.50
7 8 TOTAL DUE $ 2,947.00
9 10
11 12
13 14 15 16
17 18 19
20 21
LIVINGSTON SELF STORAGE
2370 WALNUT AVENUE, LIVINGSTON, CA 95334
209.394.6158
Bill TO
Livingston Police Dept
1416 C Street
Livingston, CA 95334
SHIP TO
Same as recipient
Invoice # 2025-3
INSTRUCTIO~IS
Please pay within 30 days
NUMBER OF DAYS VEHICLE DESCRIPTION UNIT PRICE TOTAL
Attached All
Attached All
Attached All
Attached All
Date: April 17, 2025
Through 12/31/23
01/01/24 Through 2/29/24
03/01/24 Through 12/31/24
January 2025 Through April 2025
Honda Silver
Chevy Monte Carlo Yellow
Black Ram
SUBTOTAL
TOTAL DUE BY DATE
Thank you for your business!
$1,493.00
$ 90.00
$ 900.00
$ 360.00
$ 2.843.00
$2,843.00
A B C D E F I G H
1 City of Livingston Impound Yard I Through
2 Rent per day I I December 31, 2023 I
3 Make/Model Date In Date Out #of days 0.50 Amount Due Date Paid License# 4 Honda Silver 3/11/2020 1391 $ 0.50 $ 695.50
s Chevy Monte Carlo Yellow 9/21/2020 1197 $ 0.50 $ 598.50 6 Black Ram Truck 11/29/2022 398 $ 0.50 $ 199.00
7 8 TOTAL DUE $ 1,493.00
9 10
11 12
13 14
15 16
17 18
19 20
21
LIVINGSTON SELF STORAGE
2370 WALNUT AVENUE, LIVINGSTON, CA 95334
209.394.6158
BILL TO
Livingston Police Dept
1416 C Street
Livingston, CA 95334
SHIP TO
--- -------- Same as recipient
Invoice# 2025-4
INSTRUCTIONS
PI ease pay within 30 days
NUMBER OF DAYS VEHICLE DESCRIPTION UNIT PRICE TOTAL
13 Honda Silver $.50 $6.50
~ - -- - --- - - SUBTOTAL $ 6.50
TOTAL DUE BY DATE $6.50
Thank you for your business!
Date: April 17th, 2025
STAFF REPORT
AGENDA ITEM: Resolution Approving the First Amendment to a Professional Services Agreement with Rincon Consultants, Inc. to increase the Budget and Scope of Work to Respond to Additional Housing Element Review Comments from the California State Department of Housing and Community Development on the City’s Draft sixth cycle Housing Element.
MEETING DATE: July 15, 2025
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Adopt City Council Resolution No. 2025-___, a Resolution approving the first amendment to a professional services agreement with Rincon Consultants, Inc. (“Rincon”) to increase the budget and scope of work to respond to additional Housing Element review comments from the California State Department of Housing and Community Development on the City’s Draft sixth cycle Housing Element.
BACKGROUND AND DISCUSSION:
California Housing Element Law (California Government Code, Sections 65580 et seq.) (“Statute”) requires every jurisdiction to prepare and adopt a Housing Element as part of its general plan. The Statute mandates that Housing Elements be updated every eight years. The sixth cycle Housing Element will cover the planning period of January 31, 2024, through January 31, 2032. The statutory deadline for adopting the region's sixth cycle Housing Element required Housing and Community Development (HCD) certification of compliance with State Housing Law by February 18, 2024.
The Statute requires HCD to review Housing Elements for compliance with the Statute and by reporting its written findings to the local jurisdiction.
The City of Livingston, together with the cities of Merced, Atwater, Gustine, Los Banos, Dos Palos, and the County of Merced, embarked on the preparation of the region's first multi-jurisdictional housing element (MJHE) for the sixth round of Housing Element updates. This joint effort was designed to take advantage of cost savings due to economies of scale and a cohesive approach to addressing new state requirements on a local and regional basis.
The MJHE contract was administered by the Merced County Association of Governments, which selected Rincon to prepare individual plans for each jurisdiction.
Rincon prepared and submitted the City’s Draft sixth cycle Housing Element to HCD for review on July 2, 2024. HCD provided review comments on September 30, 2024 (see Attachment C).
On November 18, 2024, the City entered into a Contract Professional Services Agreement with Rincon to prepare responses to HCD’s review comments dated September 30, 2024. This contracted scope of services for this Contract was for an amount of $9,970.00, see Attachment B.
Rincon prepared and submitted response comments to HCD on March 14, 2025. HCD then responded with a second round of review comments on May 8, 2025, see Attachment D. Rincon is requesting additional funding in the amount of $8,676 to continue responding to HCD comments, see Exhibit A of Attachment A.
DISCUSSION:
HCD Review and Certification:
On HCD’s May 8, 2025, comment letter, HCD requested further responses on the following topics, see Attachment D:
1. Evaluation of the effectiveness of adopted housing programs, especially for the housing needs of special populations in the community.
2. Address affirmatively furthering fair housing opportunities by incorporating local data and knowledge to better understand disparities in access to opportunities and re-assess and prioritize contributing factors to fair housing issues in the community.
3. Demonstrate progress in meeting the Regional Housing Needs Allocation (RHNA) by providing a comprehensive site inventory to meet RHNA.
4. Constraints on housing for persons with disabilities, including evaluating potential impact of development on surrounding land uses.
5. Evaluation of consistency with other general plan elements.
Issues:
Rincon’s contracted scope of services and budget is insufficient to complete another set of responses. Moreover, the proposed budget includes contingency funding for a possible third round of HCD comments, if necessary.
It is City staff’s understanding that HCD will not penalize local jurisdictions who are in the review process and have yet to receive a letter of compliance certification from HCD.
ENVIRONMENTAL ASSESSMENT:
Consideration of the proposed amendment to an executed agreement is an administrative activity and exempt from the California Environmental Quality ACT (CEQA) as it does not involve a physical change in the environment.
In addition, it is anticipated that the Housing Element update effort will require that a number of private properties within the City be rezoned to accommodate additional housing development to meet the City’s Regional Housing Needs Allocation (RHNA). The city will need to identify property to accommodate approximately 900 new housing units. This effort will be separated and subject to its own environmental assessment process. The cost of completing this work will be additional
and is not covered under the contract with MCAG or Rincon Consultants.
FISCAL IMPACT:
Funding for this effort was included in the City’s approved 2025-26 budget under account 1120- 108-4310 – Contract Services.
NEXT STEPS:
Once approved, the City Manager will execute a contract amendment to reflect the additional scope and budget.
ATTACHMENTS:
A. Resolution
Exhibit A -Amendment Number One to the Professional Services Agreement.
B. Contract Professional Services Agreement with Rincon Consultants, Inc. dated November 18, 2024
C. HCD comment letter dated September 30, 2024
D. HCD’s Review and Comment letter dated May 8, 2025
RESOLUTION NO. 2025
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING
THE FIRST AMENDMENT TO A PROFESSIONAL SERVICES WITH RINCON CONSULTANTS, INC. TO INCREASE THE BUDGET AND SCOPE OF WORK TO
RESPOND TO ADDITIONAL HOUSING ELEMENT REVIEW COMMENTS FROM THE
CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ON THE CITY’S DRAFT SIXTH CYCLE HOUSING LEMENT.
WHEREAS, on November 18, 2024, the City entered into a contract Professional Services Agreement (“Agreement”) with Rincon Consultants, Inc. (“Rincon”) for support for community engagement and additional HCD comments of the City’s Housing Element update.
WHEREAS, the City now desires to amend the Agreement to include services for Project Management and coordination and additional responses to HCD‘s latest comments and potential fourth round of HCD comments, as described in the letter dated June 5, 2025 from Rincon, 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 to a Professional Services Agreement with Rincon Consultants, Inc. to increase the budget and scope of work to respond to additional Housing Element review comments from the California State Department of Housing and Community Development on the City’s Draft sixth cycle Housing Element (“First Amendment”), attached hereto as Exhibit A, and authorizes and directs the City Manager to sign the First Amendment on behalf of the City.
2. The City Council authorizes the Finance Department to make an appropriation in the amount of $8,676 from account 1120-108-4310 – Contract Services.
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 15th day of July 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
________________________
Marc B. Tran, City Attorney
FIRST AMENDMENT TO THE CONTRACT PROFESSIONAL SERVICES AGREEMENT (Support for community engagement and additional HCD Reviews of City’s Housing Element Update)
This First Amendment to the Agreement for Professional Services Agreement ("First Amendment") is entered into on the 16th day of July 2025, by and between the CITY of LIVINGSTON ("CITY") and Rincon Consultants, Inc. (“Consultant”). CITY and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
RECITALS
WHEREAS, on November 24, 2024, City and Consultants entered into a Professional Services Agreement for support for community engagement and responses to HCD’s review of City’s Housing Element update services (“Master Agreement”); and WHEREAS, the City now desire to amend the Master Agreement to include additional scope and budget, Schedule A herein attached to the Master Agreement’s schedules; and
NOW, THEREFORE, the Parties hereby agree as follows:
1. Amendment to Schedule A. Schedule A, “SERVICES,” of the Master Agreement is replaced with the Attached Exhibit A to this First Amendment.
2. Amendment to Total Budget. The budget for the Master Agreement ($9,970.00) is hereby increased by $8,676.00 to total $18,646.00.
3. Entire Agreement. Except as expressly provided herein, all other terms and conditions of the Master Agreement between the City and Consultants dated November 18, 2024, shall remain in full force and effect.
4. Authority. The person signing this First Amendment for Rincon represents and warrants that he/she is fully authorized to sign this First Amendment on behalf of Consultant 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
ATTEST:
By: ___________________________
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
____________________________________
Marc B Tran, City Attorney
RINCON CONSULTANTS, INC.
By: ______________________________
Breanna Weatherby, Principal-in-Charge
SCHEDULE A
See attached Proposal for Budget Augmentation on Existing Tasks and Add Services for Additional Housing Element Support dated July 2, 2025, (Rincon Project No. 24-15974) from Jenna Reese and Brenna Weatherby.
Rincon Consultants, Inc.
250 East 1st Street, Suite 1400
Los Angeles, California 90012
213-788-4842
www.rinconcons ultants.com
July 2, 2025
Rincon Project No. 24-15974
Martha Abeloe
Senior Administrative Analyst
City of Livingston
1416 C Street
Livingston, California, 95334
Via email: [email protected]
Subject: Proposal for Budget Augmentation on Existing Tasks and Add Services for Additional Housing Element Support
Dear Ms. Abeloe,
Rincon Consultants, Inc. (Rincon) is pleased to submit this proposal to the City of Livingston for a scope of work and budget augmentation to our current contract. The requested contract augmentation would increase the budget for Task 2 (HCD Review 3) and the existing Project Management task, and introduce a new task, Task 4 (HCD Review 4), to further assist the City with additional Housing Element reviews if necessary.
Existing Tasks - Budget Augmentation
Project Management
Completed:
• Rincon’s current contract includes a Project Management task with budget allocated to cover invoicing, general coordination, and schedule and budget management for the project. While much of the increased coordination has been covered under related task budgets, general communications such as email correspondence and check-in calls have been billed to project management. In addition, the original budget estimated a set number of hours dedicated to Rincon and City staff communication per month through the originally proposed timeline for the project.
Recently the project timeline has been extended to accommodate additional revisions to the Housing Element and rounds of HCD review.
Needs
• Due to increased correspondence with City staff, the consultant team, and other Rincon staff, and the extension of the project timeline, the current Project Management budget will not be sufficient and will be drawn down quicker than anticipated. We are requesting an additional $4,794 to cover project management and coordination for the remainder of the project timeline.
Task 2: HCD Review 3
Rincon is requesting a budget augmentation for Task 2 to support the City in adequately addressing comments received in a second formal letter from the California Department of Housing and Community Development (HCD). The requested augmentation will allow Rincon to thoroughly address r
RINCON CONSULTANTS, INC. SINCE 1994
City of Livingston
Proposal for Budget Augmentation and Additional Housing Element Support 2 the comments set forth in HCD’s formal comment letter, and conduct additional coordination with Veronica Tam and Associates (VTA) on Affirmatively Furthering Fair Housing (AFFH) topics and program refinement.
Completed tasks:
• Rincon has received the City’s second formal letter from HCD on the Housing Element. Rincon has completed a thorough review of HCD’s latest comments and is prepared to begin work on the next round of revisions. Pending receipt of additional funding and authorization to proceed, Rincon is ready to support the City in addressing HCD’s feedback to continue progress toward certification.
Needs:
• Due to the extent of comments outlined in the latest HCD letter, Rincon is requesting an additional $8,676 to support the response effort. This additional funding will enable Rincon to thoroughly address HCD’s comments, which require more in-depth analysis across several areas of the Housing Element.
Proposed Scope of Work
The new task outlined below provides additional support for a potential fourth round of HCD review, should it be deemed necessary. At this time, it is unknown whether the City will receive an additional round of comments from HCD beyond those currently scoped. However, based on the City’s request and discussion held between Rincon and the City of Livingston on May 21, 2025, we have included a placeholder for an additional round of HCD review to ensure timely and responsive support, if needed.
Rincon will not utilize any funds allocated under this new task (Task 4: HCD Review 4) unless prior authorization is received in writing.
Task 4 HCD Review 4
Following its third formal review of the City’s Draft Housing Element, HCD will provide the City with a letter summarizing its review and the necessary revisions.
Rincon will work with City staff and HCD reviewers to address comments from HCD and prepare a third Revised Draft Housing Element. All revisions made to the Draft Housing Element will be shown as tracked changes. Rincon will communicate with HCD and, to the extent possible, submit revised pages to HCD reviewers for informal review. Rincon will maintain contact with HCD staff via email and phone calls regarding progress, key issues to be addressed, and alternative approaches to compliance. Up to two members of the Rincon team will be present at all meetings. After preparing the third formal revised Draft Housing Element, Rincon will submit this document to City staff for review and will address one set of consolidated comments on the revised sections. As required by Housing Element Law for any subsequent revisions, Rincon will then prepare the draft for public review and post it on the project website for the required seven days. City staff will be responsible for notifying interested parties of the availability of the draft.
Rincon will address comments received from the public within the hours allotted to this task, submitting a revised draft for City staff review and addressing one set of consolidated, nonsubstantive comments, and will then prepare the draft for submittal to HCD for its 60-day review period.
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City of Livingston
Proposal for Budget Augmentation and Additional Housing Element Support 3 Assumptions
• Staff comments at this stage are expected to be minimal, and revisions to the draft required to respond to public and HCD should necessitate only cursory jurisdiction review and approval.
Revisions to address staff comments are assumed not to require new analysis, site inventory revisions, or revisions to graphics and maps.
• Rincon will endeavor to address all HCD comments within the budget. If the City receives comments too extensive to address in the number of hours available, Rincon will communicate with City staff and, depending on preference, request a budget amendment or reallocation of budget between tasks.
Deliverables
• Third Revised Draft Multi-Jurisdictional Housing Element, responding to HCD’s third review, for posting for public review (electronic delivery)
• Third Revised Draft Multi-Jurisdictional Housing Element, responding to HCD’s third review, for submittal to HCD for its fourth review (electronic delivery) Cost
The cost estimate for the work described above is shown in Table 1 below. The costs include budget augmentations for existing the existing Project Management task and Task 2 HCD Review 3, as well as the newly proposed Task 4: HCD Review 4 if an additional round of HCD review is necessary.
Rincon is requesting a total budget augmentation of $13,470 for Project Management and Task 2 HCD Review 3 to support the current round of HCD review and to provide additional project management and coordination with the City and Veronica Tam and Associates. Additionally, to support a potential future round of HCD review, Rincon is requesting approximately $6,488 under the newly added Task 4 HCD Review 4. The combined total of these requests is approximately $19,857.
Table 1 Cost Summary
Task Current Budget Spent Adjustment New Contract
Budget
Project Management (Budget Augmentation) $1,971 $1,267 $4,794 $6,765 Task 2 HCD Review 3 (Budget Augmentation) $4,020 $1,831 $8,676 $12,696 Budget Augmentation Total $13,470 $19,461
Task 4 HCD Review 4 (NEW Task) $6,488 $6,488
Total Costs $19,857 $25,949
Schedule
An estimated schedule for the work described above is shown in Table 2 below and based on the following assumptions:
• The City is currently out of compliance with the requirement to update the Housing Element by the deadline of January 31, 2024 and is now subject to a one-year rezoning deadline of January 31, 2025. However, the City will be out of compliance until the Housing Element is certified, regardless of when the rezoning is completed. Therefore, the schedule below assumes that zoning and land use changes would be adopted simultaneously with the Housing Element, and on a timeframe for Housing Element adoption that is likely, given current information, but not guaranteed. r
City of Livingston
Proposal for Budget Augmentation and Additional Housing Element Support 4 • Delays in executing a contract, scheduling hearings or meetings, longer-than-expected review times, or other unforeseen delays may affect our ability to meet that estimated timeline. • This schedule anticipates that any potential changes to the rezone strategy in response to HCD comments on the Housing Element will be resolved prior to this work being initiated. If the revisions to the site inventory would significantly change the project description for the purposes of CEQA analysis, the CEQA analysis would need to be revised, potentially resulting in schedule delays and requiring a cost amendment.
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City of Livingston
Proposal for Budget Augmentation and Additional Housing Element Support 5 Table 2 Schedule
Task Estimated
Timeframe
Project Management Ongoing
Task 2 HCD Review 3 (Including HCD 60 Day Review Period) July - October 2025 Task 4 HCD Review 4 (If Necessary) October - February 2025 This proposal and cost estimate are valid for 30 days from receipt.
Thank you for your consideration and for this opportunity to support your project. If you have any questions regarding this proposal, please contact Jenna Reese at 760-930-7684 or [email protected], or Brenna Weatherby at 760-205-2097 or [email protected].
Sincerely,
Rincon Consultants, Inc.
Jenna Reese | Project Manager
[email protected]
Contact for clarification
Brenna Weatherby | Principal-in-Charge
[email protected]
Authorized to contractually obligate and negotiate on
behalf of Rincon
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CITY OF LIVINGSTON
CONTRACT PROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein "Agreement") is made and entered into on November 18, 2024. by and between the CITY OF LIVINGSTON, a municipal corporation ("City") and __ Rincon _ ___ (herein "Consultant").
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULT ANT
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 $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws. •
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.
1.5 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.
2. COMPENSATION
2.1 Contract Swn. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of$ ___ $.9,970 _____ Dollars) ("Contract Sum").
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 01222.0001/643601.l
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 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, 2
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 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 l additional one-year terms.]
4. COORDINATION OF WORK
4.1 Representative of Consultant. Brenna Weatherby. Principal 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. Christopher Lopez [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
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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.
(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) Primacy/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 prov1S1ons (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) Reguirements 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. 5
(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/wnbrella 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. (1) 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 minimwn insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and asswnes 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 6
Parties") against, and will hold and save them and each of them hannless 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, declarationst 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.
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( 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 8
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. 9
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 Intemretation.
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 Countemarts.
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. 10
8.10 Warranty & Re_presentation 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 .aw
8.11 Comorate 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]
11
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
cmlll:!k - Ci1Y0 Mm>agez
z.~-p.,.uty_ C_i_ty_C_lerk ________ _
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
~ )
Roy . tos, c[$iCONSULTANT:
Rincon Consultants
By:~~
Name: Bren~
Title: Principal
By:. ___________ _
Name:
TitJe:
Address: ___________ _
Two corporate officer dpatllra reqatred wlln Cou111tant n • corporation. wltla one slpature required from acli or the followfng pMlps: I) Cuirmaa of tile Board, President or any Vice Pl'aldent; and 2) Secretary, aay Assistant Secretary, Cltief Fiuncilll Offleer or HY Assistaat Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZE~ AND APPROPRIATE A 'ITISTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 12
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following services:
A. Support for community engagement and additional HCD reviews of City's Housing Element update.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Task I HCD Review 2
HCD provided the City with a letter summarizing its review of the initial draft and the necessary revisions on September 30, 2024. Per contract requirements, Rincon will utilize the budget available under the MCAG contract to address as many comments as possible before billing to this contract.
Rincon will work with City staff and HCD reviewers to address comments and prepare a First Revised Draft Housing Element. All revisions made to the Draft Housing Element will be shown as tracked changes. Rincon will communicate with HCD and, to the extent possible, submit revised pages to HCD reviewers for informal review.
Rincon will maintain contact with HCD staff via email and phone calls regarding progress, key issues to be addressed, and alternative approaches to compliance. Two members of the Rincon team will be present at all meetings.
After preparing the First Revised Draft Housing Element, Rincon will submit this document to City staff for review and will address one set of consolidated comments on the revised sections. As required by Housing Element Law for any subsequent revisions, Rincon will then prepare the draft for public review and post it on the project website for the required seven days. City staff will be responsible for notifying interested parties of the availability of the draft, as required by Housing Element Law.
Rincon will address comments received from the public within the hours allotted to this task submitting a revised draft for City staff review and addressing one set of consolidated, non-substantive comments, and will then prepare the draft for submittal to HCD to begin its 60-day review period.
Assumptions
01222.0001/643601.1
• Staff comments at this stage are expected to be minimal, and revisions to the draft required to respond to public and HCD should necessitate only cursory jurisdiction review and approval. Revisions to address staff comments are assumed not to require new analysis, site inventory revisions, or revisions to graphics and maps.
A-1
Fee Schedule
• Rincon will endeavor to address all HCD comments within the budget. If the City receives comments too extensive to address in the number of hours available, Rincon will communicate with City staff and, depending on City staff's preference, request a budget amendment or reallocation of budget between tasks.
B. Task 2 HCD Review 3
Following its second review of the City's Draft Housing Element, HCD will provide the City with a letter summarizing its review and the necessary revisions.
Rincon will work with City staff and HCD reviewers to address comments from HCD and prepare a Second Revised Draft Housing Element. All revisions made to the Draft Housing Element will be shown as tracked changes. Rincon will communicate with HCD and, to the extent possible, submit revise pages to HCD reviewers for informal review. Rincon will maintain contact with HCD staff via email and phone calls regarding progress, key issues to be addressed, and alternative approaches to compliance. Two members of the Rincon team will be present at all meetings.
After preparing the second revised Draft Housing Element, Rincon will submit this document to City staff for review and will address one set of consolidated comments on the revised sections. As required by Housing Element Law for any subsequent revisions, Rincon will then prepare the draft for public review and post it on the project website for the required seven days. City staff will be responsible for notifying interested parties of the availability of the draft, as required by Housing Element Law.
Rincon will address comments received from the public within the hours allotted to this task, submitting a revised draft for City staff review and addressing one set of consolidated, non-substantive comments, and will then prepare the draft for submittal to HCD for its 60-day review period.
Assumptions
01222.0001/643601.1
• Staff comments at this stage are expected to be minimal, and revisions to the draft required to respond to public and HCD should necessitate only cursory jurisdiction review and approval. Revisions to address staff comments are assumed not to require new analysis, site inventory revisions, or revisions to graphics and maps.
• Rincon will endeavor to address all HCD comments within the budget. If the City receives comments too extensive to address in the number of hours available, Rincon will communicate with City staff and, depending on City staff's preference, request a budget amendment or reallocation of budget between tasks.
Fee Schedule
C. Task 3 Community Engagement
Rincon will support the City with community engagement efforts as requested by HCD in its September 30, 2024, letter.
Rincon recommends that at this stage in the MJHEU process, the goal of any community engagement should be to gather local area knowledge to supplement Affirmatively Furthering Fair Housing analysis, as needed, test program effectiveness with those most impacted by programs, or provide additional qualitative information to verify quantitative data.
Rincon recommends that the City address the comment from HCD by holding a focus group with local service providers who work in Livingston, or in the Merced County region. However, Rincon recognizes that community engagement needs are dynamic, and upon the City's request, can propose alternative methods to addressing the comment within the budget. Potential alternative community engagement strategies that can be accomplished within the task budget may include:
• Preparation of collateral materials for City staff to distribute at community events • Development of a micro-survey
• Preparation of interview questions for City staff to use during additional focus groups or stakeholder interviews
Under tasks 1 and 2, Rincon will incorporate the results of engagement into the revised drafts Assumptions
• City staff will recommend and provide the contact information for potential focus group participants.
• Any meetings will be held virtually, and Rincon will be responsible for convening the meeting.
• This task includes up to four hours of staff time.
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:
01222.0001/643601.1
(a) Task 1-
• First Revised Draft Multi-Jurisdictional Housing Element, responding to HCD's first review, for posting for public review (electronic delivery) • First Revised Draft Multi-Jurisdictional Housing Element, responding to HCD's first review, for submittal to HCD for its second review (electronic delivery)
Fee Schedule
(b) Task 2-
• Second Revised Draft Multi-Jurisdictional Housing Element, responding to HCD's second review, for posting for public review (electronic delivery) • Second Revised Draft Multi-Jurisdictional Housing Element, responding to HCD's second review, for submittal to HCD for its third review (electronic delivery) (c.) Task 3-
• Preparation for and participation in one virtual focus group, or alternative engagement methods as directed by City staff
IV. All work product is 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. Miguel Galvez, City Planner
B. Martha Abeloe, Sr. Admin Analyst-CD
C.
01222.0001/643601.I
01222.0001/643601 .1
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
B-1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
Cost
The cost estimate for the work described above is shown in Table 2 below.
Table 2 Cost Summary
I ask I slirnilted Cost
Task1 HCOReview2 $ 3,025.00
Task2 HCORevlew3 $ 4,020.00
Task3 Community Engagement $ 954.00
Project Management $ 1,971.00
Total $ 9,970.00
C-1
01222.0001/643601.I
Fee Schedule
r
Rincon Consultants, Inc.
IINCCIN CONIIA,TANTI, INC:. IUICI ltN
Standard Fee Schedule for Environmental Sciences and Planning Services -- ----- --- - - - ------
Profession.al, Technical and Support Personnel' January I , 202J - December ~1 , 202~ Senior Prin~I $319
Pmdpal $307
Dinac:lof $307
Senior Supemscir D S292
~ I S272
Senior ProfEsianal a 5255 Senior Profa!lsianal I S238
Pn>18ssional IV S2ll
PnnssionaJID $196 Protassional II $174 ProtEsional I SJ56 Assoaatelll S130
Associate II $117
Assoaatel $109
Field Tac:hnic:ian S94
Data Solution.9 Ardlitec:t $196
Senior GIS Specialist $187
G~Spec:ialist II $167
Gl§lt.fDOS,,.C.ist I $.t50
Tedlnical Edtor $147
PrrcpdAmu1tant S125
mi!!CSplcialist Si07
Nllshin(Specialist $120
Oerica1 Si07
• ~analdassifica1ionsindude l!IWiromll!ntal sci~u~npl.mers. biol_~(l!C!IOJOsls.~esci~GHG\~rifiers, MIM'!lbiity eJ1111!111. Clftlr.ll 115111unmaperts.ard Dlher prafl!SSlonals. Ellpert Wi1ne9seM01100nsi51mg of depositions orilM:Olllt ~are CMCld atlhe'=::!rm cf$400..
Reimbursable Expenses
Duect Cost RalP.-.
PhotoaipiesPhotocapim-Colar
Photocaples - il" IP/ 1T
Owrsizad Maps
• Production
uprtAA;and Passengerv.tlidlls*
4\\0 and Off.Road Vehides*
S0.55(1VW). $3.40 (oolol)
S8.So/!E,. fuat
~co. $20/ftash driw
$.t50/day
• airrera IRS rniuCI! ram for mi• _.so ml for aD miles immd., empfcr,'l!K'lml!dwlides. - - -
Direct Costs. OdleJ' direc:t coS1s associated with 1tle exeanion of a projm. that are not .iduded in the hourly rates alxM, are billed at oost plus 1616. 111ese mar include. but are not limited to, labOfatOI)' ard servioes. subcontrmor StMCeS. av1horized travel eiq,enses, permit charges and filing fees, mai1ing5 and postage, pelformance bonds. sample handling and shipment. rental eq\lipment. and whides Dther than CO'lllltd by the allave c:flar(ts.
AMual Escalation. srandanl rates ~bject 1D 9..596 annllill escalation. on Januaiy 1.
Payment Tenns. All fees will be billed 10 Client monthly .ind stian be due and payable upon receipt Of as indicated in the contract pruvisioft!I for the assqp,ment. lnwioes are delinquent if not paid witflin J.O days from receipt or per the contractu:ally required payment ll!rm,.
EffeclMJanuaiy 1. 2024
01222.0001/643601.1
Fee Schedule
r
Rincon Consultants, Inc.
lllfC:C. CONIVLTANTl, INC:, IUNC:I IM•
Equipment RAte ,
Environmental Site Assessment
Soil Vapor Extraction Ptlonitoringf4ipmant
Four Gas Monitor
Rame Ionization DIMec:tcr
Photo Ionization Det8dDr
Hand Aulfjlr Sampler
Water....,.. lndicatDr, DC Puig& Pump
Natural Resources F"ield Equipment
UASDrone
~ or RberapticScope
P9aafsson Bat Uhrasound Datac:torjRloonling £qui~
. Sound lswel Metsgf"llld Packap ~ r. Tripod and Dip Camera) GPS(Submeter~
Infrared Sensar Di&llal Olmara or Computer Field Equipment Scent Station
Laser Rangefinder/Ahitude
Pitfall Traps. Spotlights.Anemometer. GPS Urm. S'tarilizad Sample Jar Pt1ammal Trap. LargeJSmaD
Water and lwine Resources Equipment
Boat (20foot Boston Whaler or Similar}_
PtUtiparametwSondetTempe,alln.~ . T!:!'!!!flY. 00.pN)wilhGPS Water Quality Ecppmant (DO. pH. Turbidty, Rafr.ldcmeter, Temperatwe) RefradOfnlf9r(Salinity)orTwt,idllyPttet.r
l.arM: Block Nats
Minnow li,ap Net, HancVLarge SeiM
Field Equipment Pacti;ages
Standanl Field~ (Didtal Cmmla. GPS. Thermometer. Binoculars. Tablet, Safety Equipment and Bocanic~~pment)
Remote Field Package (Di11111 C'amera, GPS. lhlrmomster. Binoculars. Tablet and 61:fi, Dalonne Satallite Beacon. 24-Hour Safety Phone)
Amphibiary'Vemal Pool Field Padcage (Didtal Camera, OPS. Thennometllr. Oftmo, Oilorine.
Waders, Roat Tube. Hand Net, Field PttiCIOSCOpe)
Fisheries~~ Padcaptwlden;. WalsUts. Dip Nels, Seine Nees. 8utJllllls. Budans) Underwater and Marina Sampling Gear (Ph~ Camera. Sa.Iba Equipment flanks, BCD, Regulators, Wetsuits, etc.D
Marine Field Padcage (Pen;,onal Flotation Devices. J.00.foot Reel Tapes with Stainless Carabinera.
Pelican Floats. Underwater Slates, Themlometer. Refractometer. Anemometer. Vilrious Field Guides)
Insurance, Haunl, and Fees
His1micRasean:tif'N9
L&H Dive Insurance
l..ewel C Health ands.ty
01222.0001/643601.l
$160
$137
S82
$62
$46
S7.500
saoo
S.170 S.170
$1J3
S67
$57
S23 S11
S9
SJ.55/$0..56
S.170
$62
$38
$1.14
S9B S57
Sll4
$144
S.170
S57
$57/diYer
S100
S55
$57/divar
$70/ptrson
Fee Schedule
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. 01222.0001/643601.1
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Schedule
An estimated schedule for the work described above is shown in Table 1 below.
Timeframes for all tasks are dependent on the scope and scale of HCD's comments on each draft Housing Element. HCD's review of the initial draft was statutorily required to be completed within 90 days, and reviews of each subsequent draft must be completed within 60 days. The initial draft was submitted on July I, 2024, and the review period ended September 30, 2024.
Upon receipt of HCD's review letter on each draft, Rincon will immediately begin addressing HCD's comments. However, we cannot guarantee a timeframe for turning around revisions until we assess the extent of HCD's comments. For the purposes of estimating the schedule below, we have assumed 30 days to make revisions and submit a subsequent draft for HCD's review.
Table 1 Schedule
Tilsk Estimated funefrarne
Task 1. Task2
Task3
HC0Revlew2 HCDRevlew3
Community Engagement
October 2024 - December 2024
January 2025 - Pttarch 2025
October 2024 - November 2024
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
01222.0001/643601.1
STATE OF CALIFORNIA- BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca,gov
GAVIN NEWSOM, Governor
September 30, 2024 RECEIVED
('' ; l ? 2024 Christopher Lopez, Interim City Manager
Department of Administration
City of Livingston
1416 C Street
Livingston, CA 95334
Dear Christopher Lopez:
cnv OF LMNGSTON
RE: City of Livingston's 6th Cycle (2024-2032) Draft Housing Element Thank you for submitting the City of Livingston's {City) draft housing element received for review on July 2, 2024. Pursuant to Government Code section 65585, the California Department of Housing and Community Development {HCD) is reporting the results of its review.
The draft element addresses many statutory requirements; however, revisions will be necessary to substantially comply with State Housing Element Law (Gov. Code,§ 65580 et seq). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
As a reminder, the City's 6th cycle housing element was due January 31, 2024. As of today, the City has not completed the housing element process for the 6th cycle. The City's 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance. For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021 ), as the City did not adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2024), Programs to make prior identified sites available or accommodate the regional housing needs allocation {RHNA) must be completed no later than one year from the statutory deadline. Otherwise, the local government's housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City does not adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until all necessary rezones are completed pursuant to Government Code sections 65583, subdivision {c)(1 )(A) and 65583.2, subdivision (c).
Christopher Lopez, Interim City Manager
Page2
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government's website and to email a link to all individuals and organizations that have previously requested notices relating to the local government's housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities program, and HCD's Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor's Office of Planning and Research at:
https://www.opr.ca.gov/plannin9/general-olan/guideUnes.html.
HCD appreciates the coordination and effort of the housing element update team to prepare the housing element as part of the multi-jurisdictional housing element process during our review. We are committed to assist the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Andrea Grant, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
APPENDIX
CITY OF LIVINGSTON
The following changes are necessary to bring the City's housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD's website at https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD's latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-community-development/housing-elements/buildingblocks and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
General: While the element includes some information on the progress in implementation from the previous element, it must evaluate the effectiveness of programs and reflect the results in the current element. For example, the element should evaluate the effectiveness and progress for Programs 5, 7, 9, and 10:
Special Housing Needs: As part of the evaluation of programs in the past cycle, the element must also provide an explanation of the cumulative effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers, and persons experiencing homelessness). Programs should be revised as appropriate to reflect the results of this evaluation.
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899. 50) of Division 1 of Title 2 ... shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Enforcement and Outreach: While the element discusses fair housing resources, it should also discuss how the City complies with federal, state and local fair housing laws and regulations. For more information, please see HCD's Affirmatively Furthering Fair Housing (AFFH) Guidance memo (starting on page 28) available at https://www.hcd.ca.gov/planning-and-community-development/affirmatively-furtheringfair-housing.
City of Livingston's 6th Cycle (2024-2032) Draft Housing Element September 30, 2024
Disproportionate Housing Needs. Including Displacement Risk: The element generally discusses patterns of persons experiencing homelessness. However, the element should also discuss access to transportation and resources and add or modify programs to address any gaps in providing resources.
Local Data and Knowledge and Other Relevant Factors: While the element incorporates some local data and knowledge and other relevant factors, it should expand use of this information to better understand the patterns and trends of socioeconomic concentrations and disparities in access to opportunities. Local data and knowledge and other relevant factors should complement federal, state, and regional data. For example, the element could utilize information from city officials, local and regional advocates and service providers and can geographically analyze historical land use and investment practices or other information and demographic trends. For additional information, see HCD's AFFH Guidance Memo https://www.hcd.ca.gov/planning-andcommunity-development/affirmatively-furthering-fair-housing.
Contributing Factors: The element identifies many contributing factors to fair housing issues. However, the element should consider prioritizing these factors to better formulate policies and programs and carry out meaningful actions to AFFH. Also, the element should re-assess contributing factors upon completion of analysis and make revisions as appropriate.
2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including _extremely /ow-income households. (Gov. Code, § 65583, subd. (a)(1).)
Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code,§ 65583, subd. (a)(2).) Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
Employment: The element generally reports data regarding employment by industry but should also list and evaluate major employers in the City and nearby areas and employment dynamics related to job and housing relationships such as, wages, housing affordability and transportation.
Extremely Low-Income {ELI) Households: The element incudes some basic information regarding ELI households such as the number of households (p. E3-14) and rates of overpayment (pp. E3-5 to E3-6). However, given the unique and disproportionate needs of ELI households, the element must analyze the disproportionate housing needs and effectiveness of existing resources and strategies to better formulate policies and programs. For example, the element could analyze overcrowding and other household characteristics and compare to other income groups.
City of Livingston's 6th Cycle (2024-2032) Draft Housing Element September 30, 2024
Housing Costs: While the element includes information on rental information from Zillow and Apartments.com, the element should also include sale estimates for homeowners in the City to analyze and better reflect current market conditions.
Special Housing Needs:
• Persons with Developmental Disabilities: While the element quantifies (p. E3-11) the City's special needs populations with developmental disabilities, it should also discuss challenges faced by the population, housing situation for individuals (e.g. independent, living with parents, etc.), and effectiveness of policies and programs to address housing needs.
• Housing for Agricultural Workers: While the element quantifies the City's farmworker population in Table E3-26 (p. E3-16), the analysis should be expanded to discuss household characteristics, challenges or disproportionate housing needs faced by the farmworkers. The analysis could consider and expand upon past studies conducted in the region and statewide. HCD will send additional information under separate cover.
3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality's housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Progress toward the RHNA: The City's RHNA may be reduced by units built, permitted, approved or pending since June 30, 2023; however, the element must demonstrate their affordability and availability in the planning period. For affordability, the element should describe actual or anticipated sales price or rents or other mechanisms ensuring affordability (e.g., deed-restrictions). For availability, the element should address the status, remaining steps to completion, anticipated completion, likelihood of development given past trends of approvals not resulting in built units and any known barriers to development to development in the planning period.
Realistic Capacity: The element appears to assume residential development on sites with zoning that allow 100 percent nonresidential uses. While the element mentions the identified sites represent a substantial opportunity for housing, it must still account for the likelihood of 100 percent nonresidential uses. For example, the element could analyze all development activity in these nonresidential zones, how often residential development occurs and add or modify programs accordingly.
Large Sites: Sites greater than ten acres are deemed inadequate to accommodate housing for lower-income households unless it is demonstrated, with sufficient evidence, that sites of equivalent size with affordability were successfully developed during the prior planning period or other evidence demonstrates the suitability of these sites. The element currently discuss how development might occur on larger sites and identifies smaller sites, but it must still provide analysis of past trends or present other evidence to demonstrate the suitability of these sites. For example, the analysis could City of Livingston's 6th Cycle (2024-2032) Draft Housing Element September 30, 2024
describe the City's role or track record in facilitating past lot consolidation, common ownership, policies, or incentives offered or proposed to encourage and facilitate lot consolidation or other conditions rendering parcels suitable and ready-for-lot consolidation. Based on the outcomes of a complete analysis, the element should also add or modify programs accordingly.
Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD.
Please see HCD's housing element webpage at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Zoning for a Variety of Housing Types:
• Emergency Shelters: While the element discusses capacity in the OTC and P-F zones for emergency shelters, given the element commits to amend the R-3 zoning, the element should describe capacity in the R-3 zone, including proximity to Transportation and services.
• Transitional and Supportive Housing: The element states that the City permits transitional and supportive housing by-right in the R-1 and R-2 zones and with Conditional Use Permits (CUPs) in the R-3 and OTC zones. Additionally, the element included Table E4-7 listing allowable uses per zoning district. The element should clarify whether transitional and supportive housing are permitted in all zones allowing residential uses pursuant to Government Code section 65583 (a)(5) and add or modify programs as appropriate.
4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures ... (Gov. Code, § 65583, subd. (a)(5).)
On/Off-Site Improvements: The element must identify typical off site improvement requirements and analyze the impact of on and off- site improvements on total development costs.
Codes and Enforcement: The element provides an overview of the building code implementation in Livingston but should also identify any local amendments to the building code and analyze impacts on the cost and supply of housing.
Constraints on Housing for Persons with Disabilities: The element briefly describes its reasonable accommodation procedures. However, the element should expand the discussion about the process and decision-making criteria such as the application, approval findings, any related fees, and time parameters for this process. The City of Livingston's 6th Cycle (2024-2032) Draft Housing Element September 30, 2024
discussion should also analyze any potential constraints on housing for persons with disabilities and add or modify programs as appropriate.
5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including ... ... the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality's share of the regional housing need in accordance with Government Code section 65584 ... (Gov. Code, § 65583, subd. (a)(6).) Approval Time and Requests Lesser Densities: The element must analyze the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially. The element must address any hinderance on the development of housing and include programs as appropriate.
C. Housing Programs
1 . Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city's or county's share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584. 09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
Large Sites: While the element includes Program 2 (Adequate Sites for RHNA and Monitoring of No Net Loss), the Program should be modified to encourage appropriate parcels sizes and affordability on large sites, including coordination with property owners and affordable housing developers and establishing incentives by a specified date.
Housing for Agricultural Employees: While the element includes Program 6 (Zoning Ordinance Amendments), the Program should be modified to include specific actions to address Health and Safety Code Section 17021 .8 of the Employee Housing Act.
Single-Room Occupancy {SROs): While the element includes Program 6 (Zoning Ordinance Amendments), the Program should be modified to include specific City of Livingston's 6th Cycle (2024-2032) Draft Housing Element September 30, 2024
commitment to modify permit procedures and development standards to encourage and facilitate SRO units.
Emergency Shelters: Program 6 (Zoning Ordinance Amendments) should be modified amend a zone that allows residential uses and permits emergency shelters without discretionary action. The Program should also commit to sufficient capacity to accommodate the need for emergency shelters, amend the definition of emergency shelters, establish appropriate development standards and address parking requirements limited to a sufficient number for staff.
Infrastructure: While element includes Program 12 (Community and Economic Development) to initiate infrastructure improvements, the program should be modified with a specific schedule of actions for capacity improvements.
Program 7 (General Plan Amendments): The Program should include discrete timing (e.g., by 2026) for all specific actions and should commit to adopt pending specific plans related to new housing opportunities.
2. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code,§ 65583, subd. (c)(2).) Program 1 (Regional Collaboration): The Program should commit to how often the City will collaborate with regional partners (e.g., at least annually), including developers and affordable housing advocates and consider efforts to AFFH and collaboration and coordination regarding implementation of the housing element.
Program 10 (Housing Preservation and Rehabilitation): The Program should include discrete timing for all specific actions and objectives.
Program 11 (Lower-Income and Special Needs Housing): The Program commits to seek funding and consider developer interest. However, given the importance of farmworkers and the regional needs, the element should expand actions to specifically address the needs of farmworkers that are responsive to the analysis. For example, the element could commit to providing technical assistance to developers, creating informational materials, and collaborating with employers to identify specific development opportunities or address existing housing conditions, or other proactive actions to facilitate the development of housing for farmworkers.
ELI Households: The element must include a program with specific actions and timelines to assist in the development of housing for ELI households. The program could commit the City to adopting priority processing, granting fee waivers or deferrals, modifying development standards, granting concessions and incentives for housing developments that include units affordable to ELI households; assisting, supporting or pursuing funding applications; and outreach and coordination with affordable housing developers. For additional information, see the Building Blocks at https ://www. h cd .ca.gov/plan ni nq-and-com mun ity-d evelopment/housi ngelements/buildi ng-b locks/assist-development-housing.
City of Livingston's 6th Cycle (2024-2032) Draft Housing Element September 30, 2024
3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code,§ 65583, subd. (c)(3).) As noted in Findings B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the element should be revised, as follows:
Development Standards: Program 6 (Zoning Ordinance Amendments) should commit to • increase lot coverages and heights to allow three stories in the R-3 zone.
Accessory Dwelling Units {ADU): Program 5 (Accessory Dwelling Units) commit to amend the City's ADU ordinance as needed to comply with state law.
Site Plan and Design Review: Program 6 (Zoning Ordinance Amendments) should commit to revise or remove approval findings for the Site Plan and Design Review process and improve approval certainty.
Multifamily Housing: Program 6 (Zoning Ordinance Amendments) should commit to address the CUP requirement as a constraint on multifamily developments of greater than 25 units in multifamily zones.
4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics ... (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding 81, the element requires a complete AFFH analysis. Depending upon the results of that analysis, the City may need to revise or add programs. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, placebased strategies for community preservation and revitalization and displacement protection.
City of Livingston's 6th Cycle (2024-2032) Draft Housing Element September 30, 2024
D. Quantified Obiectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element must include quantified objectives to establish an estimate of housing units by income category that can be constructed, rehabilitated, and conserved over the planning period. While the element includes these objectives by income group for new construction, the element must also include objectives for rehabilitation and conservation units by income category. Additionally, conservation objectives should not be limited to at-risk preservation during the planning period and may include broader efforts to conserve the existing housing stock such as code enforcement, housing choice vouchers and weatherization.
E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd. (c)(9).) While the housing element includes a general summary of the public participation process (pg. E2-4), it must also include demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element. The element should be revised to discuss local efforts for outreach to lower-income and special needs groups during the public participation efforts, solicitation efforts for survey responses, and participation in community workshops. While the element includes pop-up events, community workshops, surveys, translation services, and stakeholder interviews, it should also include specifically what stakeholders and service providers were utilized to represent lower-income residents. In addition, HCD received comments with concerns and meaningful suggestions related to ADU permitting and development, Permit Streamlining Law compliance, and lower-income and special needs housing. HCD encourages the City to consider and incorporate these comments. For additional information, see the Building Blocks at https ://www.hcd.ca.gov/plan n ing-and-com mu nity-development/housingeleme nts/bu ild i ng-blocks/p u blic-pa rticipatio n.
F. Consistency with General Plan
The Housing Element shall describe the means by which consistency will be achieved with other general plan elements and community goals. (Gov. Code, § 65583, subd. (c)(7).) The element should describe how internal consistency will be achieved as part of the housing element update and should discuss updates of other elements of the general plan that are triggered by housing element adoption. For information, please see the Technical Advisories issued by the Governor's Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
City of Livingston's 6th Cycle (2024-2032) Draft Housing Element September 30, 2024
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
May 8, 2025
Jose Ramirez, City Manager
City of Livingston
1416 C Street
Livingston, CA 95334
Dear Jose Ramirez:
RE: City of Livingston’s 6th Cycle (2024-2032) Revised Draft Housing Element Thank you for submitting the City of Livingston’s (City) revised draft housing element received for review on March 14, 2025. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The revised draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Gov. Code, § 65580 et seq), as follows:
1. Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
General: While the element includes some information on the progress in implementation from the previous element (Table E1-2), it must still evaluate the effectiveness of programs and reflect the results in the current element. For example, the element should evaluate the effectiveness and progress for Programs 9 (Extremely Low-Income (ELI) Housing Development) and 10 (Farmworker Housing).
Special Housing Needs: As part of the evaluation of programs in the past cycle, the element must still provide an explanation of the cumulative effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers, and persons experiencing homelessness). Programs should be revised as appropriate to reflect the results of this evaluation.
e
2. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).) Local Data and Knowledge and Other Relevant Factors: While the element includes some brief information on residential and childcare facilities and historical land use in the City, it must still incorporate local data and knowledge and other relevant factors to better understand disparities in access to opportunities. For example, the element should discuss the industrial uses to the north relative to residential uses or mention the influence of infrastructure such as highways and irrigation canals on land use patterns. Please see HCD’s prior review for additional information. HCD will also send its guide to local data and knowledge to assist with this analysis.
Contributing Factors to Fair Housing Issues: The element should re-assess and prioritize contributing factors to fair housing issues upon completion of analysis and make revisions as appropriate.
Programs: The element must be revised to add or modify goals and actions based on the outcomes of a complete affirmatively further fair housing (AFFH) analysis. Please see HCD’s prior review for additional information regarding program requirements.
In addition, while the element includes many meaningful actions to AFFH, it should expand and improve housing mobility actions and place-based strategies toward community revitalization. For example, the element should commit to applying for funding (beyond prioritizing the capital improvement program) at least every other year toward broader community development issues such as neighborhood revitalization, infrastructure, streetscapes, safe routes to school, active transportation, public space, community facilities and pollution burden.
Examples of housing mobility actions include promoting more housing choices and affordability in lower-density areas, religious institutional sites, city-owned sites, prioritizing funding, facilitating affordability and enhancing accessory dwelling units (ADU), junior accessory dwelling units (JADU) or additional conversion of existing single-family space, and home sharing strategies.
3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for
redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level...(Gov. Code, § 65583, subd. (c)(1).) Progress in Meeting the RHNA: To demonstrate the availability of pending projects in the planning period, the element must still address the affordability and availability of these units in the planning period. Specifically, the element must demonstrate affordability to moderate-income households based on actual or anticipated rents or sales prices. For availability, the element must discuss status, remaining steps to completion and any known barriers to development in the planning period.
Electronic Site Inventory: Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory. While the City has submitted an electronic version of the sites inventory, if changes occur, any future adopted versions of the element must also submit the electronic version of the sites inventory.
Programs: As noted above, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established.
Depending on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.
In addition, as noted on page E6-3, the element should modify Program 2 (Adequate Sites for RHNA) to monitor pending projects and, if necessary, identify alternative sites by a specified date.
4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including… …site improvements... (Gov. Code, § 65583, subd. (a)(5).)
Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
Constraints on Housing for Persons with Disabilities: While the element lists decision-making criteria for considering a reasonable accommodation request, it should also analyze decision-making criteria, such as “Potential impact on surrounding uses”. The analysis should address timing, cost, approval certainty and other impacts on housing for persons with disabilities and programs should be added or modified to address identified constraints.
Program 6 (Zoning Ordinance Amendments): The Program commits to allow multifamily by-right in the R-2 and Downtown Commercial (DTC) zones to “minimize” the constraint of a conditional use permit (CUP) for multifamily development larger than 25 units. But, this commitment does not remove the CUP requirement. Further, this commitment does not address the constraint in the R-3 zone. Instead, the Program should commit to remove or replace the CUP requirement for multifamily development in the R-2, DTC and R-3 zones by a specified date.
5. The Housing Element shall describe the means by which consistency will be achieved with other general plan elements and community goals. (Gov. Code, § 65583, subd. (c)(7).)
The element was not revised to address this finding. Please see HCD’s September 30, 2024 review for additional information.
The element will meet the statutory requirements of State Housing Element Law once rezones have been completed to meet all requirements (see below) and the element has been revised, adopted, submitted to, and reviewed by HCD to comply with the above requirements pursuant to Government Code section 65585.
As a reminder, the City’s 6th cycle housing element was due January 31, 2024. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government does not adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2024), then any rezoning to make prior identified sites available or accommodate the RHNA pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c), shall be completed no later than one year from the statutory deadline. As this year has passed and Programs 2 (Adequate Sites for RHNA) and 3 (By-Right Approval) have not been completed, the housing element will remain out of compliance until all necessary rezoning has been completed.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Land Use and Climate Innovation at:
https://www.lci.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the coordination and hard work of the housing element update team to prepare the housing element as part of the multi-jurisdictional housing element process.
We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need technical assistance, please contact Andrea Grant, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
STAFF REPORT
AGENDA ITEM: Resolution (1) Approving The Purchase Of One (1) 150 HP US VHS Premium EFF. Inverter Duty Motor, One (1) 200 HP US VHS Premium EFF.
Inverter Motor, One (1) ABB FEN21 Kit Ethernet Adapter, 2 Port, And One (1) ABB ACS 58001260A4 3-PHASE Supply Voltage 380-480V N1 260A; (2) Authorizing The City Manager To Execute A Purchase Order With Shannon Pump Company, In An Amount Not To Exceed $55,122.24; And (3) Authorizing The Finance Department To Make A Supplemental Appropriation In The Amount Not To Exceed $55,122.24 From The Water Enterprise Reserves To The Water Enterprise Fund
MEETING DATE: July 15, 2025
PREPARED BY: Anthony Chavarria, Public Works Director
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Staff recommend that the City Council adopt a Resolution of the City Council of the City of Livingston (1) approving the purchase of One (1) 150 HP US VHS Premium EFF. Inverter Duty Motor, One (1) 200 HP US VHS Premium EFF. Inverter Motor, One (1) ABB FEN21 Kit Ethernet Adapter, 2 Port, and One (1) ABB ACS 58001260A4 3-PHASE Supply Voltage 380-480V N1 260A; (2) Authorizing the City Manager to execute a purchase order with Shannon Pump Company, in an amount not to exceed $55,122.24; and (3) Authorizing the Finance Department to make a supplemental appropriation in the amount not to exceed $55,122.24 from the Water Enterprise Reserves to the Water Enterprise Fund.
BACKGROUND:
In recent months, the City of Livingston has experienced several critical equipment failures at its drinking water treatment sites, underscoring the need for a proactive approach to maintaining the reliability of our water supply infrastructure. Stocking critical components such as 150HP and 200HP motors and a Variable Frequency Drive (VFD) for our City's drinking water system can offer several significant benefits, particularly during emergencies:
1. Minimized Downtime: Having spare motors and a VFD on hand can significantly reduce downtime if a failure occurs. Quickly replacing a failed component ensures that the water system continues to operate, maintaining the water supply without significant interruption. Most companies have a 2-to-8- week lead time.
2. Enhanced Resilience: Critical infrastructure systems like drinking water supply are essential for health and safety. Stocking these components increases the resilience of the system, helping ensure that the systems continue to function during unforeseen events such as natural disasters or equipment failures.
3. Cost Savings: Proactive stock management can prevent the need for expedited shipping or emergency procurement, which can be costly. By having spares readily available, the City can avoid premium costs and potential fines or complaints associated with water service disruptions.
4. Improved Maintenance Schedules: Planned maintenance can be carried out more effectively when spare parts are available. Systems can be serviced without immediate pressure to return them to service, allowing for thorough inspections and repairs.
5. Public Trust and Confidence: Maintaining a reliable water supply helps build and maintain public trust. Communities rely on consistent access to safe drinking water and knowing that the City is prepared for emergencies can enhance public confidence in local government.
In summary, by stocking critical components, the City ensures that it can maintain and quickly restore functionality to its drinking water system providing uninterrupted service and safeguarding public health and safety. It will also fortify our infrastructure against potential breakdowns and support the sustained delivery of safe drinking water to our residents.
DISCUSSION:
Public Works Staff conducted an informal bidding process and engaged with local suppliers, including Valley 29 Electric, Foster Pumps, Inc., and Shannon Pump Company. After thorough evaluation, the lowest responsive proposal was submitted by Shannon Pump Company, which includes competitive pricing, immediate availability, and supportive maintenance services.
Base Price
Tax, License &
Fees Total
Shannon Pump
Company $ 51,157.53 $ 3,964.71 $ 55,122.24
Valley 29
Electrical $ 57,875.00 $ 4,557.66 $ 62,432.66
Foster’s Pumps
Inc. $ 59,883.15 $ 4,618.47 $ 64,501.62
*Total includes freight costs
FISCAL IMPACT:
Staff is requesting authorizing the Finance Department to make a supplemental appropriation in the amount of $55,122.24 for Fiscal Year 2025/2026 from the Water Enterprise Reserves to the Water Enterprise Fund (2100-810-4431).
ATTACHMENTS:
Resolution No. 2025-
Exhibit “A” Cost Proposal from Shannon Pump Company for the amount of $55,122.24.
Exhibit “B” Cost Proposal from Valley 29 Electrical for the amount of $62,432.66.
Exhibit “C” Cost Proposal from Foster’s Pumps Inc. Electrical for the amount of $64,501.62.
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) APPROVING THE PURCHASE OF ONE (1) 150 HP US VHS PREMIUM EFF. INVERTER DUTY MOTOR, ONE (1) 200 HP US VHS PREMIUM EFF. INVERTER MOTOR, ONE (1) ABB FEN21 KIT ETHERNET ADAPTER, 2 PORT, AND ONE (1) ABB ACS 58001260A4 3-PHASE SUPPLY VOLTAGE 380-480V N1 260A; (2) AUTHORIZING THE CITY MANAGER TO EXECUTE A
PURCHASE ORDER WITH SHANNON PUMP COMPANY, IN AN AMOUNT NOT TO EXCEED $55,122.24; AND (3) AUTHORIZING THE FINANCE DEPARTMENT TO MAKE A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT NOT TO EXCEED $55,122.24 FROM
THE WATER ENTERPRISE RESERVES TO THE WATER ENTERPRISE FUND WHEREAS, in recent months, the City of Livingston has experienced several critical equipment failures at its drinking water treatment sites, underscoring the need for a proactive approach to maintaining the reliability of our water supply infrastructure; and WHEREAS, stocking critical components such as 150HP and 200HP motors and a Variable Frequency Drive (VFD) for our City's drinking water system can offer several significant benefits, particularly during emergencies; and
WHEREAS, communities rely on consistent access to safe drinking water and knowing that the City is prepared for emergencies can enhance public confidence in local government; and WHEREAS, staff conducted an informal bidding process and engaged with local suppliers, including Valley 29 Electric, Foster Pumps, Inc., and Shannon Pump Company; and WHEREAS, the lowest responsive proposal was submitted by Shannon Pump Company, which includes competitive pricing, immediate availability, and supportive maintenance services; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:
Section 1. The City Council hereby approves the purchase of One (1) 150 HP US VHS Premium EFF. Inverter Duty Motor, One (1) 200 HP US VHS Premium EFF. Inverter Motor, One (1) ABB FEN21 Kit Ethernet Adapter, 2 PPort, and One (1) ABB ACS 58001260A4 3-PHASE Supply Voltage 380-480V N1 260A.
Section 2. The City Council authorizes the Finance Department to make a supplemental appropriation to Fiscal Year 2025/2026 budget in the amount of $55,122.24 from the Water Enterprise Reserves to the Water Enterprise Fund (2100-810-4431).
Section 3. The City Manager is authorized to execute a purchase order with Shannon Pump Company, in an amount not to exceed $55,122.24.
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 City Council of the City of Livingston at a regular meeting thereof duly held on 15th day of July 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
Marc B. Tran, City Attorney
SHANNONPUMPCOMPl NY
275 S. Highway 59
P.O. Box 686
Merced, CA 95340
Phn: (209) 723-3904
Fax: (209) 723-5865
CONT. LIC. #279578
CUSTOMER
LIV308
1 1
1 CITY OF LIVINGSTON
1416 C STREET I
Livingston, CA 95334
DATE
05/01/2025
"Under the Mechanics Lien Law (California Code of
Civil Procedure, Section 1181 et seq.) anyfcontractor,
subcontractor, laborer, supplier or other pe son who
helps to improve your property but is not p id for his
work or supplies, has a right to enforce a cl1
aim against
your property. This means that after a court hearing,
your property could be sold by a court offict r and the proceeds of the sale used to satisfy the indebtedness.
This can happen even if your have paid ou~ own
contractor in full, if the sub-contractor, labo er, or
supplier remains unpaid."
TERMS
NET 10th
DESCRIPTION
150 HP US. VHS PREMIUM EFF.
INVERTER DUTY MOTOR
200 HP US. VHS PREMIUM EFF.
INVERTER DUTY MOTOR
ABB FEN21 KIT
ETHERNET ADAPTER, 2 PORT
ABB ACS 58001260A4
3-PHASE SUPPLY VOLTAGE
380-480V N 1 260A
Quote subtotal
Quote
Quote No.: 42829
All Accounts are due and payable on the
10th of following month after purchase. A
FINANCE CHARGE of 1.6% based on an
ANNUAL RATE of 19 2% will be added to all
DELINQUENT ACCOUNTS. Closing date
25th of each month.
CONTACT
Sales tax@ 7.75000%
51157.53
3964.71
Quote total
Authorized Signature
Date
Thank You
CITY OF LIVINGSTON
55122.24
PO Box 635
Valley 29 Electric, LLC Newman, CA 95360
Estimate Lic # 1067696
Tel: 209.862.3690
Project: Proposal #
Attention: cc:
Bid Date: Expires:
Included Excluded Yes No
Permits Sales Tax Included
Fees Installed
Utility Charges Per Plans/Specs
PG&E Charges Freight Allowed
Concrete Work
Overtime
Temporary Power
Engineering
Excludes:
230
[email protected]
6/13/2025
Spare Motors 150hp/200hp & VFD
City of Livingston
5/14/2025
Scope of Work:
Clarifications:
1)150 hp (HO150V2SLG) 1)200HP (1800RPM 3PH H445TPA) 1)200hp HD use ABB VFD - ACS580- 01-260A-4 1)FENA-21-KIT
Install
Leads Times -- 10-12 Weeks lead time. Freight is not included in this quote.
Page: 1
ELECTRIC
□ Q Q □
□ Q □ Q
□ Q □ Q
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□ Q
□ Q
Valley 29 Electric Terms:
Progressive, net 15 days completion, upon approval of credit. This proposal is valid for 30 days.
Additional work or changes ordered by owner or made necessary because of conditions unknown at the time estimate was made, will become an extra charge. All agreements must be made in writing. All contracts are contingent on approval of credit.
CONTRACT TERMS
VALLEY 29 ELECTRIC hereby accepts the terms of the attached contract subject to Contractor/Owner's agreement with the terms set forth in this Addendum which shall supersede any conflicting terms in any other contract document. Any of the Contractor/Owner's terms or conditions in addition or different from this standard addendum are objected to and shall have no effect. Contractor/Owner's agreement herewith shall be evidenced by Contractor/Owner's signature hereon or by permitting VALLEY 29 ELECTRIC to commence work for the project.
1. VALLEY 29 ELECTRIC shall be paid monthly progress payments on or before the 15th of each month for the value of work completed plus the amount of materials and equipment suitably stored on or off site. Final payment shall be due 30 days after the work described in the Proposal is substantially completed. No provision of this agreement shall serve to void the VALLEY 29 ELECTRIC's entitlement to payment for properly performed work or suitably stored materials or to require the access to continue performance if timely payments are not made to VALLEY 29 ELECTRIC for suitably performed work or stored materials or to void VALLEY 29 ELECTRIC's right to file a lien or claim on its behalf in the event that any payment to VALLEY 29 ELECTRIC is not timely made.
2. The Contractor will withhold no more retention from VALLEY 29 ELECTRIC than being withheld by the Owner from the Owner with respect to VALLEY 29 ELECTRIC's work.
3. All sums not paid when due shall bear an interest rate of 1.5% per month or the maximum legal rate permitted by law whichever is less; and all costs of collection, including a reasonable attorney's fee, shall be paid by the Contractor/Owner.
Terms:
Page: 2
4. No backcharges or claim of the Contractor/Owner for services shall be valid except by an agreement in writing by VALLEY 29 ELECTRIC before the work is executed, except in the case of VALLEY 29 ELECTRIC's failure to meet any requirement of the Subcontract Agreement. In such event, the Contractor/Owner shall notify VALLEY 29 ELECTRIC of such default, in writing, and allow VALLEY 29 ELECTRIC reasonable time to correct any deficiency before incurring any cost chargeable to VALLEY 29 ELECTRIC.
5. Contractor/Owner is to prepare all work areas to be acceptable for VALLEY 29 ELECTRIC work under the subcontract. VALLEY 29 ELECTRIC will not be called upon to start work until sufficient areas are ready to insure continued work. The Contractor/Owner shall furnish all temporary site facilities including suitable storage space, hoisting temporary electrical and water at no cost to VALLEY 29 ELECTRIC unless included in the VALLEY 29 ELECTRICs Scope of Work above.
6. VALLEY 29 ELECTRIC shall be given a reasonable time in which to make delivery of materials and/or labor to commence and complete the performance of the contract.
VALLEY 29 ELECTRIC shall not be responsible for delays or defaults where occasioned by causes of any kind and extent beyond its control, including but not limited to:
Delays caused by the owner, general Contractor, architect and/or engineers, delays in transportation, shortage of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods, accidents and acts of God. VALLEY 29 ELECTRIC shall be entitled to equitable adjustment in the subcontract amount for additional costs due to unanticipated project delays or accelerations caused by others whose acts are not VALLEY 29 ELECTRIC's responsibility and to time extensions for unavoidable delays.
The Contractor/Owner shall make no demand for liquidated damages for delays in excess of the amount specified in the subcontract agreement and no liquidated damages may be assessed against VALLEY 29 ELECTRIC for more than the amount paid by the Contractor/Owner for unexcused delays to the extent actually caused by VALLEY 29 ELECTRIC.
7. VALLEY 29 ELECTRIC's equipment and work are guaranteed for a period of one year from the date of substantial completion or use by the Contractor customer or owner, whichever is earlier. THIS
WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The exclusive remedy shall be that VALLEY 29 ELECTRIC shall replace or repair any part of its work which is found to be defective. VALLEY 29 ELECTRIC shall not be responsible for damage or defect caused by abuse, modifications not executed by VALLEY 29 ELECTRIC, improper or insufficient maintenance, improper operation or normal wear, tear and usage.
Terms:
Page: 3
$ 17,825.00
Date $ 22,800.00
$ 17,250.00
$ 4,557.66
N/A
$ 62,432.66
Estimator:
200hp ABB VFD (LD)
Frieght:
150hp motor
Terms:
Addendum Noted
8. Work called for herein is to be performed during VALLEY 29 ELECTRIC's regular working hours. All work performed outside of such hours shall be charged for at a rate or amounts agreed upon by the parties at the time overtime is authorized.
9. Contractor/Owner shall purchase and maintain all risk insurance upon full value of the entire work and/or materials delivered to the jobsite, which shall include the interest of VALLEY 29 ELECTRIC.
10. The VALLEY 29 ELECTRIC shall indemnify and hold harmless the Contractor, Owner, Architect or others from damages only to the extent such damages were caused by any negligent act or omission of the VALLEY 29 ELECTRIC or anyone for whose acts the VALLEY 29 ELECTRIC is liable.
11. VALLEY 29 ELECTRIC shall not be held liable for any impacts, delays, labor overruns, material overruns and/or cost overruns related to its Work stemming from the current flu epidemic, and/or COVID-19 (Coronavirus epidemic) as defined by the United States Centers for Disease Control and Prevention. VALLEY 29 ELECTRIC shall further be entitled to a change order for any and all time and costs associated with said epidemic(s).
12. Materials Price Increase: In the event that there are significant increases in the prices that VALLEY 29 ELECTRIC pays for materials and supplies for the work to be performed between the date the Agreement is signed and the date that materials are purchased for the work to be performed, VALLEY 29 ELECTRIC shall be entitled to additional compensation from Customer as described herein. A significant increase in price is defined herein as an increase as to any specific items of materials of five percent (5%) or more. In such a case, Customer shall pay to VALLEY 29 ELECTRIC, on request, all sums by which the cost to VALLEY 29 ELECTRIC for any such items of materials has increased beyond 5%. This would apply, but not be limited to price increases in electrical panels, transformers, conduit, conduit bodies, enclosures, wire, lumber, plywood, steel, sheet metal, fuel, manufactured products and equipment.
VALLEY 29 ELECTRIC is entitled to demonstrate this price increase through the use of quotes, supplier list prices, invoices or receipts, when requested. VALLEY 29 ELECTRIC shall not be responsible for increased prices of materials when caused by delays, shortages or unavailability of materials due to conditions not caused by VALLEY 29 ELECTRIC.
200hp motor
Tax:
Project Total:
Acceptance Date:
Customer Po #
Customer Signature:
Juan Flores
Page: 4
I I
I
DIR#1000014351 / License# 987926
FOSTER'S PUMPS, INC
PO Box 1209
Hilmar, CA 95324
2096675454
[email protected]
www.fosterspumpinc.com
ADDRESS
CITY OF LIVINGSTON *A*
2238 WALNUT AVE
LIVINGSTON, CA 95334
United States
Estimate 13488
DATE 05/23/2025
DATE QTY DESCRIPTION
05/23/2025 JOB SITE: DROP OFF ON SITE FOR CUSTOMER
1 LABOR BOOM TRUCK W /TECH
1 150HP 460V 3PHASE 1800RPM BMR MOTOR VHS
1 200HP 460V 3PHASE 1800RPM BMR MOTOR VHS
1 ABB VFD DRIVE ACS 580-01=260A-4 - 200HP 480V 3PH 260A 1 FENA-21-KIT
SUBTOTAL 59,883.15
TAX 4,618.47
TOTAL $64,501.62
Accepted By Accepted Date
INC.
and Water Conditioning
STAFF REPORT
AGENDA ITEM: AUTHORIZE AND APPROVE THE NEW MAINTENANCE SPECIALIST
PART-TIME JOB DESCRIPTION AND THE REVISED
COMPREHENSIVE PAY SCHEDULE. ALLOW STAFF TO INITIATE
THE RECRUITMENT PROCESS TO FILL THREE (3) MAINTENANCE
SPECIALISTS PART-TIME POSITIONS.
MEETING DATE: July 15, 2025
PREPARED BY: Arcelia Cruz, Human Resources Coordinator
REVIEWED BY: Anthony Chavarria, Director of Public Works Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Staff is requesting the City Council authorize and approve the new Maintenance Specialist parttime job description and the revised Comprehensive Pay Schedule. Allow staff to initiate the recruitment process to fill three (3) Maintenance Specialists part-time positions.
BACKGROUND AND DISCUSSION:
The Public Works Department had initially requested three (3) Maintenance Worker I PartTime positions in their FY 2025/26 budget to help with Capital Improvement Projects. The budget was approved and adopted by the Council on June 17, 2025.
After further reviewing the current Maintenance Worker I job description it is determined the Public Works Department has a need for a more specialized skillset in pouring concrete performing more complex maintenance and repair work. The Maintenance Specialist parttime position will primarily focus on specialized concrete projects to meet ADA sidewalk compliance regulations.
Additionally, staff conducted a salary survey to consider the established salary range for the Maintenance Specialist position. The proposed hourly range is from $19.10 to $23.22.
In conclusion, Staff is proposing that instead of filling the three (3) additional Maintenance Worker I part-time positions approved in the fiscal year 2025/26 budget that it be filled with three (3) Maintenance Specialist positions for the fiscal year 2025/26 budget.
Proposed Salary Schedule for the Maintenance Specialist Part-Time position:
Hourly $ 19.10 $ 20.06 $ 21.06 $ 22.11 $ 23.22
Monthly $ 3,310.67 $ 3,476.20 $ 3,650.01 $ 3,832.51 $ 4,024.14 Annually $ 39,728.00 $ 41,714.40 $ 43,800.12 $ 45,990.13 $ 48,289.63
FISCAL IMPACT:
To authorize the Finance Department to make the supplemental appropriation for $9,000.00 to the FY 2025/26 budget from the Measure V 80% Fund 1221.
ATTACHMENTS:
1. Resolution
2. Maintenance Specialist Part-Time Job Description
3. Salary Survey – Maintenance Specialist
3. Comprehensive Pay Schedule
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING
AND APPROVING THE NEW MAINTENANCE SPECIALIST PART-TIME JOB DESCRIPTION AND THE REVISED COMPREHENSIVE PAY SCHEDULE. ALLOW STAFF TO INITIATE THE RECRUITMENT PROCESS TO FILL THREE (3) MAINTENANCE SPECIALISTS PART-TIME POSITIONS.
WHEREAS, Staff recommends that the City Council approve the new Maintenance Specialist part-time job description and the proposed salary range as outlined in the Comprehensive Pay Schedule
WHEREAS, the Public Works Department has a need for a more specialized skillset to perform more complex maintenance and repair work with a primary focus on specialized concrete projects to meet ADA sidewalk compliance regulations
WHEREAS, the Public Works Department will remove the three (3) approved Maintenance Worker I Part-Time positions from the FY 2025-26 budget and instead replace with three (3) Maintenance Specialist Part-Time positions
WHEREAS, the fiscal impact for this proposed personnel change will be an additional $9,000.00 annually for the three Maintenance Specialist part-time position.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:
Section 1. The City Council approve and adopt the Maintenance Specialist Part-Time job description and the amended Comprehensive Pay Schedule.
Section 2. This resolution will become effective immediately.
Section 3. To authorize the Finance Department to make the supplemental appropriation for $9,000.00 to the FY 2025/26 budget from the Measure V 80% Fund 1221.
Exhibit(s):
• Maintenance Specialist Part-Time Job Description
• Salary Survey – Maintenance Specialist
• Comprehensive Pay Schedule
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 15th day of July, 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
Marc B. Tran, City Attorney
Job Description
Title: Maintenance Specialist
(Part-Time)
FLSA Status: Non-Exempt Created: June 2025
Supervisor: Director of Public Works Supervises: N/A Revised:
Job Family: Public Works Bargaining Unit: Non-Represented Approved:
JOB SUMMARY:
Under the direction of the Public Works Director or their designee the Maintenance Specialist performs skilled and complex maintenance and repair work in a variety of specialties, as assigned, including parks, buildings, parkways, concrete and any related infrastructure repair projects.
DISTINGUISHING CHARACTERISTICS:
This is the advanced journey-level classification allocated to the Department of Public Works, Maintenance Division.
Assignments consist of streets, facilities, construction, concrete, plumbing, electrical and landscape maintenance and repair.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
• Operate a variety of equipment and tools used in specialized work assignments. • Install, maintain, and repair a wide variety of plumbing, electrical, building maintenance, and mechanical systems. • Perform skilled work in the maintenance and repair of heating, ventilation, and air conditioning systems (HVAC) in all City facilities.
• Perform routine preventive maintenance on a variety of equipment and tools • Operate a variety of light equipment and tools used in street maintenance. • Lay out traffic pattern striping; and perform street/traffic painting and striping activities. • Set up barricades, safety cones, flag stands, and sign and arrow boards for directing traffic. • Install pavement markings, including raised pavement markers. • Design, engineer and modify infrastructure using advanced fabrication methods and techniques; and operate a wide range of welding and fabrication equipment.
• Troubleshoot, install, maintain, and repair irrigation systems including hydraulic valves, backflow prevention devices, booster pumps, automatic control clocks, water main and lateral lines, low voltage wiring, and sprinklers. • Inspect, repair, and maintain a variety of park equipment, including benches, playground equipment, bleachers, dugouts, backstops, reservation boards, electric score boards, basketball hoops, tennis courts, wind barriers, and soccer posts.
• Assist with special events and seasonal projects as assigned by the position. • Attend and participate in trainings related to assigned activities as required. • Form, pour and finish concrete sidewalks and return ramp projects to meet ADA Compliance.
OTHER DUTIES:
• Perform related duties as assigned.
QUALIFICATIONS:
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. The work environment characteristics and physical demands described here are representative of those an employee encounters while performing the essential functions of this job.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Knowledge of:
• Practices and techniques relate to skilled maintenance in area of assignment • Electrical, mechanical, and pneumatic tools and accepted safety standards related to the area of assignment. • Concrete and asphalt installation techniques.
• Methods of fabricating signs.
• Practices and techniques related to skilled building maintenance and repair including HVAC and lighting and plumbing systems.
• Lighting and plumbing systems.
• Methods and materials used in the electrical field, including troubleshooting, and diagnosing for repair projects; sprinkler system installation and maintenance; and components and operational characteristics of computerized irrigation management systems.
• Common hand and power tools used in assigned construction, repair or maintenance activities. • Methods and procedures used in City road and related infrastructure maintenance, construction and repair activities.
• Basic grounds maintenance procedures including mowing, edging, raking and weeding. • Methods, equipment and materials used in assigned grounds keeping work. • Methods and materials used in controlling weeds and other pests. • Health and safety regulations.
• Proper lifting techniques.
• ADA sidewalk compliance regulations.
Ability to:
• Perform skilled maintenance and repair work of specialties, as assigned, including parks, buildings, parkways, concrete and any related infrastructure repair duties. • Understand operations and observe safety rules, and diagnose, analyze, and resolve problems with equipment. • Identify and locate equipment in an accurate and timely manner. • Interpret work orders in an accurate and complete manner. • Operate and use specialized equipment and tools related to the area of assignment. • Drive and operate vehicle/equipment within assigned area. • Work effectively in traffic safety related situations, when necessary. • Follow verbal and written instructions and directions in an independent manner. • Make independent decisions and know when to ask for assistance. • Preform routine preventative maintenance on the tools and equipment used in the work; and refer specialized work, as required.
• Maintain assigned areas in safe conditions.
• Operate and maintain hand and power tools and other equipment used in maintenance, grounds keeping, repair and maintenance.
• Learn basic record-keeping techniques.
• Observe health and safety regulations.
• Work cooperatively with others.
• Perform heavy physical labor.
Education and Experience:
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities is:
• Graduation from high school or equivalent GED.
• Two years of experience with concrete and asphalt installation techniques. • Two years of general maintenance experience.
• Two years of general carpentry experience.
• Two years of general electrical experience.
Licenses, Certifications and other Requirements:
• Valid California Class C driver’s license.
WORKING CONDITIONS:
Work Environment:
• Outdoor work environment.
• Seasonal heat and cold or adverse weather conditions. • Exposure to fumes, dust, odors, oil/grease, gases.
• Driving a vehicle to conduct work.
• Required to wear personal protective equipment while performing work. • Will require to climb ladders, use power tools and noise production tools and equipment. • Drive motorized vehicles and heavy equipment and work in heavy vehicle traffic conditions.
Physical Demands:
• Dexterity of hands and fingers to operate maintenance equipment. • Walking, standing or sitting for extended periods of time. • Seeing to perform gardening and grounds work.
• Lifting, carrying, pushing or pulling heavy objects as assigned by position. • Sitting to operate tractors, mowers and other machines. • Bending at the waist, kneeling or crouching.
• Reaching overhead, above the shoulders and horizontally. • Heavy physical labor.
• Climbing ladders.
Hazards:
• Working around and with machinery having moving parts. • Exposure to chemicals and fumes.
• Working from heights.
The information contained in this job description is for compliance with the Americans with Disabilities Act (A.D.A.) and is not an exhaustive list of the duties performed.
City Classification Population Type Minimum Maximum
Atwater Parks Maintenance I 32,052 Hourly $ 19.40 $ 24.76 Monthly $ 3,362.42 $ 4,291.40
Annually $ 40,349.09 $ 51,496.80
Street Maintenance I Hourly $ 19.40 $ 24.76
Monthly $ 3,362.42 $ 4,291.40
Annually $ 40,349.09 $ 51,496.80
Parks Maintenance II Hourly $ 21.27 $ 27.15
Monthly $ 3,686.68 $ 4,705.24
Annually $ 44,240.10 $ 56,462.83
Street Maintenance II Hourly $ 21.27 $ 27.15
Monthly $ 3,686.68 $ 4,705.24
Annually $ 44,240.10 $ 56,462.83
Los Banos Maintenance Worker I 48,553 Hourly $ 22.06 $ 28.15 Monthly $ 3,824.00 $ 4,880.00
Annually $ 45,888.00 $ 58,560.00
Maintenance Worker II Hourly $ 24.44 $ 31.20
Monthly $ 4,237.00 $ 5,408.00
Annually $ 50,844.00 $ 64,896.00
Part-time Maint. Worker Hourly $ 21.42 $ 26.52
Monthly $ 3,712.80 $ 4,596.80
Annually $ 44,553.60 $ 55,161.60
Mendota Maintenance Worker I 12,595 Hourly $ 19.87 $ 25.36 Monthly $ 3,179.36 $ 4,057.76
Annually $ 38,152.32 $ 48,693.12
Maintenance Worker II Hourly $ 22.98 $ 29.33
Monthly $ 3,677.36 $ 4,693.34
Annually $ 44,128.32 $ 56,320.08
Newman Maintenance Worker I 12,084 Hourly $ 20.94 $ 26.73 Monthly $ 3,630.00 $ 4,634.00
Annually $ 43,560.00 $ 55,608.00
Maintenance Worker II Hourly $ 24.09 $ 30.74
Monthly $ 4,175.00 $ 5,329.00
Annually $ 50,100.00 $ 63,948.00
Patterson Maintenance Worker I 25,476 Hourly $ 25.49 $ 30.99 Monthly $ 4,418.63 $ 5,370.87
Annually $ 53,023.56 $ 64,450.44
Maintenance Worker II Hourly $ 28.14 $ 34.20
Monthly $ 4,877.34 $ 5,928.44
Annually $ 58,528.08 $ 71,141.28
(All Divisions) Part-time Maint. Worker Hourly $ 19.16 $ 23.29 Monthly
Annually
Gustine Maintenance Worker 6,073 Hourly $ 20.94 $ 25.45 Monthly $ 3,629.33 $ 4,411.50
Annually $ 43,552.00 $ 52,938.00
Hughson Maintenance Worker I 7,683 Hourly $ 20.36 $ 24.75 Monthly $ 3,529.64 $ 4,290.29
Annually $ 42,355.68 $ 51,483.48
Maintenance Worker II Hourly $ 23.41 $ 28.45
Monthly $ 4,057.21 $ 4,931.58
Annually $ 48,686.52 $ 59,178.96
Ripon Waiting for Confirmation 16,036
City of Livingston Maintenance Worker I-II 14,760 Hourly $ 20.11 $ 28.30 Monthly $ 3,485.45 $ 4,905.21
Annually $ 41,825.39 $ 58,862.55
Maintenance Worker I PT Hourly $ 16.50 $ 20.06
Monthly $ 2,860.00 $ 3,477.07
Annually $ 34,320.00 $ 41,724.80
Average Salary: Maintenance Worker I Hourly $ 21.30 $ 26.60 Monthly $ 3,691.19 $ 4,610.57
Annually $ 44,294.29 $ 55,326.81
Proposed Salary
Maintenance Specialist Part-Time
Hourly $ 19.10 $ 20.06 $ 21.06 $ 22.11 $ 23.22
Monthly $ 3,310.67 $ 3,476.20 $ 3,650.01 $ 3,832.51 $ 4,024.14 Annually $ 39,728.00 $ 41,714.40 $ 43,800.12 $ 45,990.13 $ 48,289.63
Approved by Council on 11/19/2024
Updated/Approved by Council on 4/1/2025
CLASSIFICATION Bargaining Group Type A B C D E F
Hourly 18.25 19.16 20.12 21.13 22.18 23.29
Monthly 3,163.34 3,321.50 3,487.58 3,661.96 3,845.06 4,037.31 Annually 37,960.06 39,858.06 41,850.96 43,943.51 46,140.69 48,447.72 Hourly 29.37 30.84 32.38 34.00 35.70
Monthly 5,090.49 5,345.02 5,612.27 5,892.88 6,187.53
Annually 61,085.94 64,140.24 67,347.25 70,714.61 74,250.34 Hourly 33.99 35.69 37.48 39.35 41.32
Monthly 5,892.38 6,187.00 6,496.35 6,821.17 7,162.22
Annually 70,708.55 74,243.98 77,956.17 81,853.98 85,946.68 Hourly 21.69 22.77 23.91 25.11 26.36 27.68
Monthly 3,759.05 3,947.00 4,144.35 4,351.57 4,569.14 4,797.60 Annually 45,108.56 47,363.99 49,732.18 52,218.79 54,829.73 57,571.22 Hourly 25.77 27.06 28.41 29.83 31.33 32.89
Monthly 4,467.24 4,690.60 4,925.13 5,171.39 5,429.96 5,701.46 Annually 53,606.87 56,287.22 59,101.58 62,056.65 65,159.49 68,417.46 Hourly 25.77 27.06 28.41 29.83 31.33 32.89
Monthly 4,467.24 4,690.60 4,925.13 5,171.39 5,429.96 5,701.46 Annually 53,606.87 56,287.22 59,101.58 62,056.65 65,159.49 68,417.46 Hourly 22.23 23.34 24.51 25.73 27.02 28.37
Monthly 3,853.17 4,045.82 4,248.12 4,460.52 4,683.55 4,917.72 Annually 46,237.99 48,549.89 50,977.39 53,526.26 56,202.57 59,012.70 Hourly 24.05 25.25 26.52 27.84 29.23
Monthly 4,168.75 4,377.19 4,596.05 4,825.85 5,067.14
Annually 50,025.00 52,526.25 55,152.56 57,910.19 60,805.70 Assistant to the City Manager/Deputy City Clerk Mgmt./Confidential Hourly 44.20 46.41 48.73 51.17 53.73 Monthly 7,661.33 8,044.40 8,446.62 8,868.95 9,312.40
Annually 91,936.00 96,532.80 101,359.44 106,427.41 111,748.78 Hourly 20.56 21.59 22.67 23.81 25.00
Monthly 3,564.48 3,742.70 3,929.84 4,126.33 4,332.65
Annually 42,773.76 44,912.45 47,158.07 49,515.97 51,991.77 Hourly 64.53 67.76 71.15 74.71 78.44
Monthly 11,185.89 11,745.18 12,332.44 12,949.07 13,596.52 Annually 134,230.68 140,942.21 147,989.32 155,388.79 163,158.23 Hourly
Monthly 100.00
Annually
Hourly
Monthly 300.00
Annually
Hourly 72.30 76.10 80.11 84.32 88.76
Monthly 12,531.18 13,190.71 13,884.96 14,615.75 15,385.00 Annually 150,374.14 158,288.57 166,619.55 175,389.00 184,620.00 Hourly
Monthly 60.00
Annually
Hourly 25.91 27.20 28.56 29.99 31.49
Monthly 4,490.47 4,714.99 4,950.74 5,198.28 5,458.19
Annually 53,885.64 56,579.93 59,408.92 62,379.37 65,498.34 Hourly 54.49 57.21 60.07 63.08 66.23
Monthly 9,444.58 9,916.81 10,412.65 10,933.28 11,479.95 Annually 113,334.95 119,001.70 124,951.78 131,199.37 137,759.34 Hourly 27.04 28.39 29.81 31.30 32.86
Monthly 4,686.18 4,920.49 5,166.51 5,424.84 5,696.08
Annually 56,234.15 59,045.86 61,998.15 65,098.06 68,352.96 Hourly 19.57 20.55 21.58 22.66 23.79
Monthly 3,392.92 3,562.57 3,740.69 3,927.73 4,124.12
Annually 40,715.04 42,750.79 44,888.33 47,132.75 49,489.39 Hourly 16.64 17.47 18.35 19.26 20.23
Monthly 2,884.27 3,028.48 3,179.90 3,338.90 3,505.84
Annually 34,611.20 36,341.76 38,158.85 40,066.79 42,070.13 Hourly 19.09 20.04 21.04 22.10 23.20
Monthly 3,308.56 3,473.98 3,647.68 3,830.07 4,021.57
Annually 39,702.67 41,687.80 43,772.19 45,960.80 48,258.84 Hourly 52.79 55.43 58.20 61.11 64.16
Monthly 9,149.87 9,607.37 10,087.74 10,592.12 11,121.73 Annually 109,798.48 115,288.40 121,052.82 127,105.46 133,460.73 Hourly 28.07 29.48 30.95 32.50 34.12
Monthly 4,866.22 5,109.53 5,365.01 5,633.26 5,914.92
Annually 58,394.63 61,314.36 64,380.08 67,599.09 70,979.04 Hourly 59.72 62.70 65.84 69.13 72.59
Monthly 10,350.83 10,868.37 11,411.79 11,982.38 12,581.50 Annually 124,209.96 130,420.46 136,941.48 143,788.56 150,977.99 Hourly 33.21 34.88 36.62 38.45 40.37
Monthly 5,757.19 6,045.04 6,347.30 6,664.66 6,997.89
Annually 69,086.22 72,540.53 76,167.56 79,975.94 83,974.73 Hourly 26.32 27.64 29.02 30.47 31.99
Monthly 4,562.27 4,790.38 5,029.90 5,281.39 5,545.46
Annually 54,747.19 57,484.55 60,358.78 63,376.72 66,545.55 Hourly 26.32 27.64 29.02 30.47 31.99
Account Clerk Clerical
Accountant I Mgmt./Confidential
Administrative Analyst PW Clerical
Administrative Assistant Clerical
Accountant II Mgmt./Confidential
Accounting Technician Clerical
Administrative Analyst Clerical
City Clerk Elected
City Council Elected
City Manager Unrepresented
Assistant Planner Unrepresented
Building Official Unrepresented
Chief of Police Unrepresented
Communications/Records Manager Mgmt./Confidential
Community Service Officer Unrepresented
Custodian I AFSCME/Public Works
City Treasurer Elected
Code Compliance Officer LPOA
Community Development Director Mgmt./Confidential
Finance Director/Assistant City Manager Unrepresented
Human Resources Coordinator Mgmt./Confidential
Custodian II AFSCME/Public Works
Director of Public Works Unrepresented
Executive Assistant to the City Manager Mgmt./Confidential Lead Maintenance Worker AFSCME/Public Works
Lead Parks/landscape Worker AFSCME/Public Works
COMPREHENSIVE PAY SCHEDULE
Effective July 1, 2024
Monthly 4,562.27 4,790.38 5,029.90 5,281.39 5,545.46
Annually 54,747.19 57,484.55 60,358.78 63,376.72 66,545.55 Hourly 25.10 26.36 27.68 29.06 30.51
Monthly 4,351.41 4,568.98 4,797.43 5,037.31 5,289.17
Annually 52,216.97 54,827.81 57,569.20 60,447.66 63,470.05 Hourly 20.11 21.11 22.17 23.28 24.44
Monthly 3,485.45 3,659.72 3,842.71 4,034.84 4,236.59
Annually 41,825.39 43,916.66 46,112.50 48,418.12 50,839.03 Hourly 23.28 24.45 25.67 26.95 28.30
Monthly 4,035.53 4,237.31 4,449.17 4,671.63 4,905.21
Annually 48,426.37 50,847.69 53,390.07 56,059.58 58,862.55 Hourly 16.64 17.47 18.35 19.26 20.23 21.24
Monthly 2,884.27 3,028.48 3,179.90 3,338.90 3,505.84 3,681.14 Annually 34,611.20 36,341.76 38,158.85 40,066.79 42,070.13 44,173.64 Hourly 62.27 65.38 68.65 72.08 75.68
Monthly 10,792.73 11,332.37 11,898.99 12,493.94 13,118.63 Annually 129,512.80 135,988.44 142,787.86 149,927.26 157,423.62 Hourly 38.04 39.94 41.94 44.04 46.24
Monthly 6,593.93 6,923.63 7,269.81 7,633.30 8,014.97
Annually 79,127.21 83,083.58 87,237.75 91,599.64 96,179.62 Hourly 36.13 37.94 39.84 41.83 43.92
Monthly 6,263.38 6,576.55 6,905.38 7,250.65 7,613.18
Annually 75,160.59 78,918.62 82,864.55 87,007.77 91,358.16 Hourly 37.96 39.86 41.85 43.95 46.14
Monthly 6,580.22 6,909.23 7,254.69 7,617.43 7,998.30
Annually 78,962.65 82,910.78 87,056.32 91,409.13 95,979.59 Hourly 21.05 22.10 23.21 24.37 25.58
Monthly 3,648.30 3,830.72 4,022.25 4,223.36 4,434.53
Annually 43,779.61 45,968.59 48,267.02 50,680.37 53,214.39 Hourly 18.80 19.74 20.73 21.77 22.86
Monthly 3,259.24 3,422.20 3,593.31 3,772.98 3,961.63
Annually 39,110.90 41,066.45 43,119.77 45,275.76 47,539.55 Hourly 28.31 29.73 31.21 32.78 34.41
Monthly 4,907.50 5,152.88 5,410.52 5,681.05 5,965.10
Annually 58,890.00 61,834.50 64,926.23 68,172.54 71,581.17 Hourly 29.74 31.23 32.79 34.43 36.15
Monthly 5,155.61 5,413.39 5,684.06 5,968.27 6,266.68
Annually 61,867.35 64,960.72 68,208.76 71,619.19 75,200.15 Hourly 18.62 19.55 20.53 21.56 22.64
Monthly 3,227.79 3,389.18 3,558.64 3,736.57 3,923.40
Annually 38,733.49 40,670.17 42,703.67 44,838.86 47,080.80 Hourly 17.16 18.02 18.92 19.86 20.86
Monthly 2,974.40 3,123.12 3,279.28 3,443.24 3,615.40
Annually 35,692.80 37,477.44 39,351.31 41,318.88 43,384.82 Hourly 46.44 48.76 51.20 53.76 56.45
Monthly 8,049.38 8,451.85 8,874.44 9,318.16 9,784.07
Annually 96,592.52 101,422.15 106,493.25 111,817.92 117,408.81 Hourly 48.79 51.23 53.79 56.48 59.30
Monthly 8,456.22 8,879.03 9,322.98 9,789.13 10,278.59
Annually 101,474.65 106,548.38 111,875.80 117,469.59 123,343.07 Hourly 51.72 54.30 57.02 59.87 62.86
Police Support Operations Manager Mgmt./Confidential Monthly 8,964.19 9,412.40 9,883.01 10,377.17 10,896.02 Annually 107,570.23 112,948.74 118,596.18 124,525.99 130,752.29 Hourly 21.05 22.10 23.21 24.37 25.58
Monthly 3,648.30 3,830.72 4,022.25 4,223.36 4,434.53
Annually 43,779.61 45,968.59 48,267.02 50,680.37 53,214.39 Hourly 26.38 27.70 29.08 30.53 32.06
Monthly 4,571.88 4,800.48 5,040.50 5,292.53 5,557.15
Annually 54,862.59 57,605.72 60,486.00 63,510.30 66,685.82 Hourly 29.37 30.84 32.38 34.00 35.70
Monthly 5,091.23 5,345.80 5,613.09 5,893.74 6,188.43
Annually 61,094.80 64,149.54 67,357.02 70,724.87 74,261.12 Hourly 39.16 41.12 43.18 45.34 47.60
Monthly 6,788.36 7,127.78 7,484.17 7,858.38 8,251.29
Annually 81,460.32 85,533.34 89,810.00 94,300.50 99,015.53 Hourly 30.75 32.29 33.90 35.60 37.38
Monthly 5,329.89 5,596.38 5,876.20 6,170.01 6,478.51
Annually 63,958.62 67,156.55 70,514.38 74,040.10 77,742.11 Hourly 16.71 17.54 18.42 19.34 20.31 21.32
Monthly 2,895.64 3,040.42 3,192.44 3,352.06 3,519.67 3,695.65 Annually 34,747.67 36,485.05 38,309.31 40,224.77 42,236.01 44,347.81 Hourly 18.24 19.16 20.11 21.12 22.17 23.28
Monthly 3,162.19 3,320.30 3,486.31 3,660.63 3,843.66 4,035.85 Annually 37,946.28 39,843.60 41,835.78 43,927.57 46,123.94 48,430.14 Hourly 25.33 26.60 27.92 29.32 30.79
Monthly 4,390.31 4,609.82 4,840.31 5,082.33 5,336.45
Annually 52,683.70 55,317.88 58,083.78 60,987.97 64,037.37 Hourly 21.16 22.22 23.33 24.50 25.72 27.01
Monthly 3,668.37 3,851.79 4,044.38 4,246.60 4,458.93 4,681.87 Annually 44,020.44 46,221.46 48,532.54 50,959.16 53,507.12 56,182.48 Hourly 46.99 49.34 51.80 54.39 57.11
Monthly 8,144.61 8,551.84 8,979.43 9,428.40 9,899.82
Annually 97,735.32 102,622.09 107,753.19 113,140.85 118,797.89 Hourly 28.45 29.88 31.37 32.94 34.59 36.32
Maintenance Worker I AFSCME/Public Works
Maintenance Worker II AFSCME/Public Works
Office Assistant I Clerical
Lead Parks/landscape Worker AFSCME/Public Works
Maintenance Mechanic AFSCME/Public Works
Police Corporal w/Degree LPOA
Police Dispatcher LPOA
Police Office Assistant II LPOA
Police Lieutenant Supervisory
Police Commander Supervisory
Police Corporal LPOA
Police Records Assistant LPOA
Police Sergeant Supervisory
Police Sergeant w/Degree Supervisory
Police Officer LPOA
Police Officer w/Degree LPOA
Police Public Assistant LPOA
Public Works Superintendent Mgmt./Confidential
Public Works Supervisor Water Division Mgmt./Confidential Recreation Coordinator Clerical
Public Services Officer LPOA
Public Works Lead AFSCME/Public Works
Public Works Street Supervisor Mgmt./Confidential
Mgmt./Confidential
Senior Administrative Analyst Clerical
Recreation Specialist Clerical
Recreation Superintendent Mgmt./Confidential
Senior Account Clerk Clerical
Senior Accountant
Monthly 4,932.10 5,178.70 5,437.64 5,709.52 5,995.00 6,294.75 Annually 59,185.18 62,144.44 65,251.66 68,514.25 71,939.96 75,536.96 Hourly 30.01 31.51 33.09 34.74 36.48 38.30
Monthly 5,201.83 5,461.92 5,735.02 6,021.77 6,322.86 6,639.00 Annually 62,421.98 65,543.08 68,820.23 72,261.24 75,874.31 79,668.02 Hourly 16.64 17.47 18.35 19.26 20.23 21.24
Monthly 2,884.27 3,028.48 3,179.90 3,338.90 3,505.84 3,681.14 Annually 34,611.20 36,341.76 38,158.85 40,066.79 42,070.13 44,173.64 Hourly 35.95 37.75 39.63 41.61 43.70
Monthly 6,231.08 6,542.63 6,869.76 7,213.25 7,573.92
Annually 74,772.95 78,511.60 82,437.18 86,559.03 90,886.99 Hourly 21.64 22.72 23.85 25.05 26.30
Monthly 3,750.24 3,937.75 4,134.64 4,341.37 4,558.44
Annually 45,002.87 47,253.01 49,615.66 52,096.45 54,701.27 Hourly 22.74 23.87 25.07 26.32 27.64
Monthly 3,941.16 4,138.22 4,345.13 4,562.39 4,790.51
Annually 47,293.92 49,658.62 52,141.55 54,748.63 57,486.06 Hourly 25.10 26.36 27.68 29.06 30.51
Monthly 4,351.41 4,568.98 4,797.43 5,037.31 5,289.17
Annually 52,216.97 54,827.81 57,569.20 60,447.66 63,470.05 Hourly 30.52 32.05 33.65 35.33 37.10
Monthly 5,290.11 5,554.62 5,832.35 6,123.96 6,430.16
Annually 63,481.32 66,655.39 69,988.15 73,487.56 77,161.94 Hourly 34.60 36.33 38.15 40.06 42.06
Monthly 5,998.11 6,298.02 6,612.92 6,943.56 7,290.74
Annually 71,977.32 75,576.18 79,354.99 83,322.74 87,488.88 Hourly 38.75 40.69 42.72 44.86 47.10
Monthly 6,716.34 7,052.15 7,404.76 7,775.00 8,163.75
Annually 80,596.05 84,625.85 88,857.14 93,300.00 97,965.00 Hourly 40.95 42.99 45.14 47.40 49.77
Monthly 7,097.50 7,452.37 7,824.99 8,216.24 8,627.05
Annually 85,169.95 89,428.45 93,899.87 98,594.86 103,524.60 Transitional Phase for Water/Wastewater Operators
Hourly 25.07 26.33 27.64 29.02 30.47 32.00
Monthly 4,345.73 4,563.02 4,791.17 5,030.73 5,282.26 5,546.38 Annually 52,148.78 54,756.22 57,494.03 60,368.73 63,387.17 66,556.52 * Degree includes: AA, BA, Intermediate or Advanced Post Certificates. No compounding for multiple degrees or certificates as stated in the MOU's.
Classification of Office Assistant I, Office Assistant II, Administrative Assistant, Recreation Specialist, Recreation Coordinator, Administrative Analyst and Sr. Administrative Analyst positions are not specific to one department. Their positions can be used in any of the City's various departments and/or may be used by multiple departments as determined by the City Manager.
Positions are filled on a full-time or part-time basis as determined by the City Manager.
CLASSIFICATION STEP
A B C D E
Administrative Analyst 19.38 20.35 21.37 22.44 23.56
Administrative Assistant 16.72 17.55 18.43 19.35 20.32
Building Maintenance Worker 16.50 17.33 18.19 19.10 20.06 Grants Analyst 26.00 27.30 28.67 30.10 31.60
Lifeguard 16.50 17.50 18.38 19.29 20.26
Maintenance Specialist 19.10 20.06 21.06 22.11 23.22
Maintenance Worker I 16.50 17.33 18.19 19.10 20.06
Office Assistant I 16.50 17.33 18.19 19.10 20.06
Office Assistant II 16.50 17.33 18.19 19.10 20.06
Police Dispatcher 17.05 17.90 18.79 19.73 20.72
Police Records Assistant 16.50 17.33 18.19 19.10 20.06
Recreation Leader 16.50 17.33 18.19 19.10 20.06
Recreation Specialist 16.50 17.33 18.19 19.10 20.06
Reserve Police Officer 25.75 27.04 28.39 29.81 31.30
Sr. Administrative Analyst 21.40 22.47 23.60 24.78 26.02 *Part-Time Classifications State Minimum Wage Increase are effective 1/1/2025 Approved Revision by Council on 1/21/2025 - Added ATCM removed Executive Assistant/Deputy City Clerk
1.30.2025 - Adding 4% to SEA/LPOA Classifications - Approved 2/4/2025
3.18.2025 -Added Police Support Operations Manager removed Administrative Services Manager
4.1.2025 - Updated Salary Range for Public Works Superintendent Senior Administrative Analyst Clerical
Senior Administrative Analyst/Comm. Develop. Clerical
Water/Wastewater Operator OIT (in training) AFSCME/Public Works
PART-TIME COMPREHENSIVE PAY SCHEDULE
Water/Wastewater Operator II AFSCME/Public Works
Water/Wastewater Operator III AFSCME/Public Works
Water/Wastewater Manager Mgmt./Confidential
Utility Worker I AFSCME/Public Works
Utility Worker II AFSCME/Public Works
Water/Wastewater Operator I AFSCME/Public Works
Senior Office Assistant Clerical
Senior Planner Mgmt./Confidential
Street Sweeper Operator AFSCME/Public Works