Livingston City Council
August 5, 2025

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

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

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

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

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

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

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

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

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

Composition
• The Committee shall consist of five (5) members.

Qualifications
• Each member of the Committee shall:

1. Be at least 18 years of age.

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

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

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

5. Representation from the following areas will be prioritized:

A) Small Business
B) B) Educational Institutions
C) Medical Institutions
D) Public Safety
E) Senior Citizen Representative
F) Community Coalitions
Meetings
The Committee shall establish a regular meeting schedule, which shall include at least two (2) meetings per year. Regular meetings shall be held at City Council Chambers. Special meetings may be called and held as allowed by law. The Finance Director may request from time to time that the Committee hold a special meeting. All meetings shall be noticed pursuant to the Ralph M. Brown Act, Government Code sections 54950, et seq., and be subject to the requirements of the Act. 153 of 371
City staff shall provide information to the Committee reasonably necessary to complete their specific tasks and objectives. The Committee will work primarily, but not exclusively, with the City’s Finance Department.

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

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

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

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

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

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

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

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

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

Miscellaneous
• Committee members will be required to file Statements of Economic Interests – Form 700 with the California Fair Political Practices Commission within 30 days from taking your position. • Committee members will be required to complete AB 1234 Local Ethics Training within six months of being appointed and during each two-year period thereafter. • Committee members will be required to complete two hours of sexual harassment prevention training when appointed and during each two-year period thereafter.

Administrative Support to the Committee
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STAFF REPORT
AGENDA ITEM: Adopt a Resolution (1) Approving a One-Year Professional Service Agreement with WGR Southwest, Inc. for Fiscal Year 2025/2026 to Assist the City of Livingston with its Storm Water Compliance Program and Plan Review Services in the Amount Not to Exceed $56,825.00 and (2) Authorizing the City Manager to Execute all Required Documents MEETING DATE: August 5, 2025
PREPARED BY: Anthony Chavarria, Director of Public Works REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (1) Approving a one-year professional service agreement with WGR Southwest Inc. for Fiscal Year 2025/2026 to assist the City of Livingston with its storm water compliance program and plan review services in the amount not to exceed $56,825.00 and (2) Authorizing the City Manager to execute all required documents.

BACKGROUND/ DISCUSSION:

On February 5, 2013, the State Water Board adopted the Phase II Small MS4 General Permit and became effective on July 1, 2013. The permit requirements include inspection of small construction projects (defined as projects with less than one acre of soil disturbance) that are required to submit project specific Erosion and Sediment Control Plans (ESCPs) for the City to review. Section E.10.b of the Phase II Small MS4 General Permit requires Cities to review relevant Storm Water Pollution Prevention Plans (SWPPP) for construction projects regulated under the Construction General Permit (CGP). Additionally, to maintain compliance with section E.12 of the Phase II Small MS4 General Permit, City's must review post-construction measures for regulated projects. The City is also required to maintain an inventory of all the small construction projects.

The City previously held a contract with WGR Southwest, Inc. to assist with the City's Storm Water Compliance Program and plan review services for the: Erosion and Sediment Control Plan (ESCP), Storm Water Pollution Prevention Plan (SWPPP), and/or Post Construction Standards Plan (PCSP) that expired on June 30, 2025. The contract with WGR Southwest, Inc. is set for a duration of one (1) year for FY25/26 in the amount not to exceed $56,825.00.

Approval of this agreement with WGR Southwest, Inc. will allow the City to remain in compliance with the Phase II Small MS4 General Permit.

WGR Southwest, Inc. has provided a proposal which includes the following services:
• MS4 Permit Support totaling $31,295.00:
o 2024/2025 Phase II MS4 Annual Reporting & Effectiveness Assessment Preparation o IDDE Outfall Monitoring
o Annual O & M Self Certification Letters
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o Updating Inventory Sheets
o Pyrethroid Management Program Assistance
o Implementing and Tracking Trash Management
o Other Miscellaneous Support
• SWPPP Review Program totaling $12,610.00.
o SWPPP Reviews as part of the Plan Check Process
o ESCP Reviews as part of the Plan Check Process
• Post Construction Standards Plan Program Element totaling $4,300.00. o Reviews of Project-Specific DSP Plans
• Quarterly Corp Yard Inspections totaling $5,200.00.
• Education and Outreach Support totaling $3,420.00.

FISCAL IMPACT:

The Fiscal Year 2025-2026 approved Sewer Enterprise Fund (2101-815-4310) budget includes funding to cover services provided by WGR for the current fiscal year.

ATTACHMENTS:

1. Resolution No. 2025-

2. Exhibit “A” Consultant Services Proposal from WGR Southwest, Inc. for the amount of $56,825.00.

3. WGR Southwest, Inc. Professional Service Agreement
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RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) APPROVING A ONE-YEAR PROFESSIONAL SERVICE AGREEMENT WITH WGR SOUTHWEST, INC. FOR FISCAL YEAR 2025/2026 TO ASSIST THE CITY OF LIVINGSTON WITH ITS STORM

WATER COMPLIANCE PROGRAM AND PLAN REVIEW SERVICES IN THE AMOUNT NOT TO EXCEED $56,825.00 AND (2) AUTHORIZING THE CITY MANAGER TO EXECUTE ALL

REQUIRED DOCUMENTS
WHEREAS, on February 5, 2013, the State Water Board adopted the Phase II Small MS4 General Permit and became effective on July 1,2013; and
WHEREAS, the permit requirements include inspection of small construction projects (defined as projects with less than one acre of soil disturbance) that are required to submit project specific Erosion and Sediment Control Plans (ESCPs), Storm Water Pollution Prevention Plan (SWPPP) and Post Construction Standards Plan (PCSP) for the City to review; and WHEREAS, the City is also required to maintain an inventory of all the small construction projects; and
WHEREAS, the City of Livingston previously held a contract with WGR Southwest, Inc. to provide assistance with the City's Storm Water Compliance Program and plan review services for the:

Erosion and Sediment Control Plan (ESCP), Storm Water Pollution Prevention Plan (SWPPP), and/or Post Construction Standards Plan (PCSP) that expired on June 30, 2025; and WHEREAS, the contract with WGR Southwest, Inc. is set for a duration of one year for FY25/26 in an amount not to exceed $56,825.00; and
WHEREAS, approval of this agreement with WGR Southwest, Inc. will allow the City to remain in compliance with the Phase II Small MS4 General Permit; and 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. Approves a one-year professional service agreement with WGR Southwest, Inc. (WGR) for Fiscal Year 2025/2026 to assist the City of Livingston with its storm water compliance program and plan review services in the amount not to exceed $56,825.00 from the approved Fiscal Year 2025/2026 Wastewater Enterprise Fund (2101-815- 4310).

3. Authorizes the City Manager to execute the current Agreement and any amendments thereto up to the total award amount.

4. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2025-___is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 5th day of August 2025, by the vote recorded as follows:
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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
Of the City of Livingston
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CITY OF LIVINGSTON

CONTRACT PROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into on July 1, 2025, by and between the CITY OF LIVINGSTON, a municipal corporation (“City”) and WGR Southwest, Inc. (herein “Consultant”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

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

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

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

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

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

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of $56,825.00 (Fifty-Six Thousand, Eight Hundred, and Twenty-Five Dollars) (“Contract Sum”).
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2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C” and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

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

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

3. PERFORMANCE SCHEDULE

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

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

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the 160 of 371
fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

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

4. COORDINATION OF WORK

4.1 Representative of Consultant. Danny Aspiras 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. Jose Antonio Ramirez [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.
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(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 163 of 371
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified 164 of 371
Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

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

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

6.3 Confidentiality and Release of Information.
(a) All information gained, or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
165 of 371
(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 166 of 371
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. 167 of 371

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

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

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

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

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

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

8.8 Interpretation.

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

8.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 168 of 371

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

Consultant’s Authorized Initials _______

8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
169 of 371
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF LIVINGSTON, a municipal
corporation

Jose A. Ramirez, City Manager
ATTEST:

Monica Cisneros, City Clerk
APPROVED AS TO FORM:

BURKE, WILLIAMS & SORENSEN, LLP

Marc B. Tran, City Attorney
CONSULTANT:

WGR Southwest, Inc.

By:

Name:

Title:

By:

Name:

Title:

Address:11780 N. Hwy 99
Lodi, CA 95240

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

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 170 of 371
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following services:

A. Education & Outreach Support
B. ESCP Reviews as part of the Plan Check Process
C. SWPPP Reviews as part of the Plan Check Process
D. Quarterly Corp Yard Inspections
E. Review of Project-Specific DSP Plans
F. Other MS4 Permit Support:
• 2024-25 Phase II MS4 Annual Report & Effectiveness Assessment Preparation (E.14 & E.16)
• IDDE Outfall Monitoring (2025 & 2026) (E.9.c)
• Developing and sending Annual O&M Self-Certification Letters (2025-26) (E.12.i)
• Updating Various City Inventory Spreadsheets (E.11.a & b, E.9.b, E.12.h(ii), & Penalty Calculator)
• Pyrethroid Management Program Assistance
• Trash Management Program implementation and tracking
• Misc. Permit Support Respond to spills, SWPPP updates, ERP updates, City ordinances review, SSOs, or illicit discharges; assist with State / Federal audits and/or correspondence; City staff / council presentations; Community outreach events; etc.

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

A. Not Applicable
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:
171 of 371
A. 2024-25 Phase II MS4 Annual Report & Effectiveness Assessment Preparation B. Plan Review Services for Public Works (Encroachment Permits) C. Plan Review Services for Building Department
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. Anthony Chavarria
B. Adabel Pirita
C. Noe Martinez
D. Kenny Cabral
E. Miguel Galvez
F. Martha Abeloe
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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Not Applicable
173 of 371
EXHIBIT “C”

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

ATTACHMENT A
WGR Southwast1 Inc.

Estimated Co.sts for City of Livingston Pha.sa II MS4 Permit Compllanca Pro,gram Support July 1, 21125 - June 30, 2026
Construction Program Element:
rocess
uarterl Co Yard Ins actions
Other MS4 Penni! Suooort·
2024-25 Phase II MS4 Annual Rennn & Effectiveness Assessment Preoaratlon lllicll Dlscharco Detection and EDmlnatlon IIDDEl OUtlall Moniton= Oevelonm..,. and sendina Annual O&M Self-Certification Letters l2025-26l Uodatlna Various Citv lnventorv Soreadsheets
1 l-'\ll'"ethroid Manaaement Proaram Assistaoce
Trash Manaoement Proaram lmolementatlon and tracklna
Mlsc. Permit Sum rt (as needed)
Additional Costs
jMile:age
Costs ~ed to the City by di!n,-erope, fees. ~ d ptO/Beh e.srlfflsted. "E.stlmBted smoUllts
SCS • Senior Campllsnce Spedl!ll.lst
CS • Comp.lMee Speddst
70 Reviews·
8 Reviews•
10 Re-vle-ws •
20 SCS Hours
4 Ins eclions
4 Ins ections
1 RervvT
1 IAnl'lual lnsoedk>n
20 SCS Hours
25 SCS Hours
5 SCS Hours
20 SCS Hours
75 SCS Hours
S1.ib-tolltls131 review 9170
S430 review S3440 $1 610
S430 re\rlew S4,300 4 300
S171 /hr. SJ,420 $3,420
ction S2,600 2600
ction 2600 2600
(ill $4 ,800 $4,800
for $1,700 S1 ,700
S17 1 Jhr. SJ.420
S17 1 /hr. S4 275
S171 /hr. sass S171 /hr. SJ,420
S171 /hr. $12,82S $31,295
S0.67 i Per Mlle iTBD
Total Estimated 2025-26 Cost: $56,825
174 of 371
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. 175 of 371
EXHIBIT “D”

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

A. Fiscal Year 2025/2026
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
176 of 371

11780 N. Hwy 99 • Lodi, CA 95240 • (209) 334-5363 • Fax (209) 334-5374 Los Alamitos, CA • Lodi, CA
March 13, 2025
Mr. Anthony Chavarria
City of Livingston
1416 C Street
Livingston, CA 95334
RE: Proposal for Phase II MS4 Permit Compliance Support 2025-2026 Dear Mr. Chavarria,
WGR Southwest, Inc. (WGR) appreciates the opportunity to provide you with this proposal to assist the City of Livingston (City) with its storm water compliance program. This proposal is written to provide compliance support to the City, addressing several tasks required by the Phase II MS4 permit.

Estimated Budget Proposal (Attachment A)
Please find included with this proposal Attachment A, which provides a line-item cost estimate to provide Compliance Support through June 30, 2026. If approved, this proposal will become effective on July 1, 2025.

We thank you for this opportunity to serve you. If I can answer any questions concerning our proposal or the MS4 permit requirements, please do not hesitate to call me or to schedule a meeting to discuss the proposed scope of work.

Sincerely,
WGR Southwest, Inc.

Danny Aspiras, QISP
Municipal Programs Manager &
Compliance Specialist
GR . Not Your 1yp1cal Consultant
177 of 371
Phase II MS4 Permit Support
City of Livingston

Approvals to Proceed
(✓ - Please indicate which services you would like for WGR Southwest, Inc. to perform)

1. Attachment A listed Services _________
Services do not include agency fees. I understand the fees and services stated in this document. I agree to pay for the services which I have indicated above.

Signature Title

Name Date
178 of 371

ATTACHMENT A
WGR Southwest, Inc.

Estimated Costs for City of Livingston Phase II MS4 Permit Compliance Program Support July 1, 2025 - June 30, 2026
Construction Program Element: Sub-totals
Storm Water Pollution Prevention Plan (SWPPP) Review Program:

Erosion and Sediment Control Plan (ESCP) Review (as part of plan check process) 70 Reviews * @ $131 review $9,170 SWPPP Review (as part of plan check process) 8 Reviews * @ $430 review $3,440 Post-Construction Standards Plan (PSCP) Program Element:

Review of Project-Specific PSCPs 10 Reviews * @ $430 review $4,300 $4,300 Education & Outreach Support:

City staff educational classes with WGR (prepare for and give classes) 20 SCS Hours @ $171 /hr. $3,420 $3,420 Quarterly Corp Yard Inspections
Visual and Non-Storm Water 4 Inspections @ $650 Inspection $2,600 $2,600 Storm Water 4 Inspections @ $650 Inspection $2,600 $2,600 Other MS4 Permit Support:
2024-25 Phase II MS4 Annual Report & Effectiveness Assessment Preparation 1 Report @ $4,800 $4,800 Illicit Discharge Detection and Elimination (IDDE) Outfall Monitoring 1 Annual Inspection for $1,700 $1,700 Developing and sending Annual O&M Self-Certification Letters (2025-26) 20 SCS Hours @ $171 /hr. $3,420 Updating Various City Inventory Spreadsheets 25 SCS Hours @ $171 /hr. $4,275 Pyrethroid Management Program Assistance 5 SCS Hours @ $171 /hr. $855 Trash Management Program implementation and tracking 20 SCS Hours @ $171 /hr. $3,420 Misc. Permit Support (as needed) 75 SCS Hours @ $171 /hr. $12,825 $31,295 Additional Costs
Mileage $0.67 Per Mile TBD
Total Estimated 2025-26 Cost: $56,825
Costs reimbursed to the City by developer fees. Number of projects estimated. *Estimated amounts
SCS = Senior Compliance Specialist
CS = Compliance Specialist
$12,610
179 of 371

STAFF REPORT
AGENDA ITEM: A Resolution of the City Council of the City of Livingston 1.) Accepting the Bid and Awarding a Contract to Jim Brisco Enterprises, Inc. for the Total Bid Amount of $38,400 for the WWTP Sludge Removal and Disposal Project, 2.) Authorizing the City Manager to Utilize a Contingency for Contract Change Orders up to 10% of the Contract Amount, 3.) Authorizing the Finance Department to Make a Supplemental Appropriation in the Amount Not to Exceed $17,240.00 to the Wastewater Enterprise Fund, and 4.) Authorizing the City Manager to Execute the Agreement
MEETING DATE: August 5, 2025
PREPARED BY: Mario Gouveia, City Engineer

REVIEWED BY: Jose Antonio Ramirez, City Manager
Anthony Chavarria, Public Works Director
RECOMMENDATION:

Staff recommends that City Council adopt Resolution No. 2025-___, 1.) Accepting the bid and awarding a contract to Jim Brisco Enterprises, Inc. for the total bid amount of $38,400 for the Wastewater Treatment Plant (WWTP) Sludge Removal and Disposal Project, 2.) Authorizing the City Manager to utilize a contingency for contract change orders up to 10% of the contract amount, 3.) Authorizing the Finance Department to make a supplemental appropriation in the amount not to exceed $17,240.00 to the Wastewater Enterprise Fund, and 4.) Authorizing the City Manager to execute the WWTP Sludge Removal and Disposal Project agreement.

BACKGROUND AND DISCUSSION:

The City of Livingston identified a need to remove and dispose of stockpiled sludge from the WWTP. Sludge is produced from daily operation of the WWTP and temporarily stored in sludge drying beds where it is dried out by the natural environment. The stored sludge periodically needs to be removed and disposed of off site in order to allow space for continued use of the sludge drying beds.

Following a public bidding process, the project was advertised in the Merced Sun Star on June 18 and June 25, 2025. The City received a total of two (2) bids that were opened and read aloud at the advertised bid opening date and time: 2:00 p.m. on July 1, 2025, at the City of Livingston City Hall. The lowest responsible, responsive bid was submitted by Jim Brisco Enterprises, Inc. The bid results are listed below:

Contractor Bid
Jim Brisco Enterprises, Inc. $ 38,400.00
Rolfe Construction, Inc. $ 45,400.00
Engineer’s Estimate $ 44,000.00
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Staff recommends that a Contract be awarded to Jim Brisco Enterprises, Inc. in the amount of thirty-eight thousand four hundred dollars and zero cents ($38,400.00). Staff also recommends that City Council authorize additional funding of $3,840.00 for this project as a ten percent (10%) construction contingency.

FISCAL IMPACT:
$25,000.00 will be expended from the approved Fiscal Year 2025/2026 budget from the Wastewater Enterprise Fund (2101-815-4439).

Staff is requesting authorizing the Finance Department to make a supplemental appropriation in the Fiscal Year 2025/2026 budget to the Wastewater Enterprise Fund (2101-815-4439) in the amount not to exceed $17,240.00.

ATTACHMENTS:

1. Resolution No. 2025-___

2. Contractor’s Bid

3. Abstract of Bids

4. Agreement
181 of 371
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON 1.) ACCEPTING THE BID AND AWARDING A CONTRACT TO JIM BRISCO ENTERPRISES, INC. FOR THE TOTAL BID AMOUNT OF $38,400 FOR THE WWTP SLUDGE REMOVAL AND DISPOSAL PROJECT, 2.) AUTHORIZING THE CITY MANAGER TO UTILIZE A CONTINGENCY FOR CONTRACT CHANGE ORDERS UP TO 10% OF THE CONTRACT AMOUNT, 3.)

AUTHORIZING THE FINANCE DEPARTMENT TO MAKE A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT NOT TO EXCEED $17,240.00 TO THE WASTEWATER ENTERPRISE FUND, AND 4.) AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT
WHEREAS, the City of Livingston has identified the need to remove stockpiled sludge from the Wastewater Treatment Plant (WWTP); and
WHEREAS, the Invitation to Bid for the WWTP Sludge Removal and Disposal Project was advertised in the Merced Sun Star on June 18, 2025, and June 25, 2025; and WHEREAS, a total of two (2) bids were received and read aloud at the advertised bid opening date and time: 2:00 p.m. on July 1, 2025, at the City of Livingston City Hall. The bid results are listed below:

Contractor Bid
Jim Brisco Enterprises, Inc. $ 38,400.00
Rolfe Construction, Inc. $ 45,400.00
WHEREAS, the Engineer’s Estimate was $44,000.00; and
WHEREAS, the bids have been reviewed by the City Engineer, and Jim Brisco Enterprises, Inc. submitted the lowest responsive and responsible bid; and WHEREAS, it is in the best interest of the City of Livingston to award the WWTP Sludge Removal and Disposal Project contract to Jim Brisco Enterprises, Inc. as it is the lowest responsive and responsible bid; and
WHEREAS, funding of $25,000.00 for this project was encumbered in fiscal year 2025/2026; and
WHEREAS, the City Council authorizes the Finance Department to make a supplemental appropriation of $17,240.00 for the FY 2025/2026 budget to account for the higher bid and a 10 percent (10%) construction contingency for this project; and WHEREAS, City Council of the City of Livingston accepts the bid from Jim Brisco Enterprises, Inc. and now desires to enter into an agreement to perform services.

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

1. Finds that the foregoing recitals are true and correct and incorporated by reference.

2. Awards the Wastewater Treatment Plant Sludge Removal and Disposal Project contract to Jim Brisco Enterprises, Inc., in the total bid amount of thirty-eight thousand four hundred dollars and zero cents ($38,400.00), for the WWTP Sludge Removal and 182 of 371
Disposal Project, which contract is attached hereto as Exhibit “A” and subject to a 10% contingency and finds that said award is in the best interest of the City.

3. Authorizes the City Manager to utilize a contingency for contract change orders up to 10% of the contract amount and authorizes the City Manager to execute the agreement for the WWTP Sludge Removal and Disposal Project.

4. Authorizes the Finance Department to make a supplemental appropriation in the amount not to exceed $17,240.00 in the FY2025/2026 budget to the Wastewater Enterprise Fund (2101-815-4439). Funding of $25,000 for this project was encumbered in the approved FY2025/2026 Wastewater Enterprise Fund (2101-815-4439).

5. This resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2025-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 5th day of August 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
of the City of Livingston
183 of 371
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o:tiu.Ji;<; Co-~ 9 S-3tJ I
C ti .:21.i ? 'f >-
~i~t~
(ff & C 5~t
~I c'e> <j$3-:S'-f
184 of 371

PROPOSAL TO THE CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS
NAME OF BIDDER JZrrz 13/41 scv E"ai-elfJ/41 ses, ]Ac I
BUSINESS P.O. BOX ___________________ _
CITY, STATE, ZIP _____________________ _
( Please Include even if P. 0. Box used)
BUSINESS STREET ADDRESS _ :l_;J_ / _e_l_/l_,
fJ ___ ,__.1:t""----" k _fc_c! _ , _s~~-(.,_'i~t1 __ _
CITY, STATE, ZIP ffi11.J1+tR~, Cfl
TELEPHONE NO.: AREA CODE (}s, 9) _3_6_-~'t_ .... _3_;2~7_.[;" ______ _ FAX NO.: AREA CODE ( J.&7 ) ___.;_l,__.
1 )'---'t"-----'+'--t~r o ______ _
CONTRACTOR LICENSE NO.: ___,[__,./4~2-...... C::........:... 7 _tf'----"- ;j __________ _ Department of Industrial Relations (DIR) Registration No.: 1 ([; 000 .1 .1.. ~ 1 8' The work for which this proposal is submitted is for construction in accordance with the special provisions (including the payment of not less than the State general prevailing wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in accordance with the Current California Department of Transportation Standard Plans, Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

The special provisions and plans for the work to be done are dated JUNE 2025 and are entitled:
630.14

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

CONTRACT DOCUMENTS
FOR.CONSTRUCTION OF

WWTP SLUD'GE REMOVAL AND DISPOSAL
BID 1 of 13
185 of 371
is accepted, that he will contract with the CITY of LIVINGSTON, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following prices, to wit:

ITEM
NO.
1 2
3 CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

BID SCHEDULE

WWTP SLUDGE REMOVAL AND DISPOSAL

ESTIMATED UNIT

BID ITEM DESCRIPTION QUANTITY PRICE
Mobilization 1 LS $ 0
*(Item 1 not to exceed $1,500.00)
Testing 1 LS $
Remove, Transport, and Disposal of
o/t,. co Sludge 400 TN $
TOTAL BIO $ :]46" i-O(()
NOTE: "TOT AL BID" is only on the last page of the Bid Schedule List 630.14
ITEM
TOTAL
$
*(See Note)
$
$ 3 <3. 1,o(} >
186 of 371
BID 3-13
' ( (

INFORMATION REQUIRED OF BIDDER
List of Subcontractors
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/ContractorRegistration.html In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.

Percent Dept. of
Bid Item Description of Work to be Performed of Total Subcontractor's Industrial Subcontractor's Name and Address No. Contract License No. Relations (DIR) ReQistration No.

M ft
630.14
BID 4-13
187 of 371

STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
Project Title /d,t&~bJ ~~d ~Pf /4P~ ~rt 4,11.#,vqJ
Public Agency ~) ~ a,twa.tu C:k;°b~~ a, ~ ?koYA,tiz
{;)-3/J S, /3,ta IJUh11' I¾( ;)5/(7() i=, ~ tJ I .J. :t l ~ {4--e Address ~-/ fa 9 5 3&> I Uc~1n., ~ r ;J-31-lJ "/14'~ 1 Ct1. CJ 5"" 3 ~-1 Telephone No. 1.iJCf - '3 ~'1 - 3 Lf fa I 12Cj- ~38-??!'f .2 2-t1 r- ~-rt - ~--z ?!':t Engineer in Charge ~ fBtvt'-c£ #wt f/k, ~ ~~
Project Value($) J:l ( ~ 'f j_ •• 3 "' ;)_ j/,,~()fJ,()O I J rJ f 3f} , '(- J.. ,Date Accepted 6 /.I <J,(/ )./J-;;,t-(- j 'l /wit ;l():l 'f /5 t;et- µ;if Claims Filed? /Jo ;Jo /1/11
If yes explain
below:
630.14
188 of 371
BID 5-13
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERT/FICA TIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder illm /3gl ~Ct) P/'JLe l:..fd.i 5 es,. Inc. , proposed subcontractor(s) (list Subconlractor(s) above)
hereby certifies that he
K has
D has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is part of the bid . Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 630.14
8ID6-13
189 of 371

PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder 0 has
~ has not
been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? OYes
~No
If the answer is yes, explain the circumstances in the following space. 630.14
BID 7-13
190 of 371
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

CONTRACTOR'S CERTIFICATION REGARDING WORKERS'

COMPENSATION INSURANCE
State of California
County of /vie.tee/
I· am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commending the performance of the work of this Contract.
1Iitn 13&:! 5 co E1i-t1J1!.lse s Ioc
(Name of Contract r) 1
By: c;e,19 tf-,, /}1l)~&IJ W
liw*' ?rle1;w2111: ' (Authorized Signature of Contractor) 630.14
BID 8-13
191 of 371
Accompanying this proposal is ~B_-l~d~rf~e __ t~s_· _f3_a~n~J~------------ (NOTICE: INSERT THE WORDS "CASH ($ __ -J," "CASHIER'S CHECK," "CERTIFIED CHECK," OR "BIDDER'S BOND," AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE
If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; ifa copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.

J£01 l¼lsca l=nie&f/4,ts e~ . .inc
Licensed in conformance with an act providing for the registration of Contractors, License No. C & :l , '7 'f: A Classification(s) __._.C.. .,:g...,~--'-__,_/1_,__ _____ _ Department of Industrial Relations (DIR) Registration No. ,l {)~1)0 1 :2. :J L <;

ADDENDA
This Proposal is submitted with respect to the changes to the contract included in Addenda Number/s N/4
(Fill in addenda~umbers if addenda have been received and inserl, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.)
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair E;mployment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). 630.14
Date: Jr LL X) ;is- (J
Sian
,~
11 nere
Authorized Signature and Title of Bidder
Business Address J.;;1/ ti&¥1(1;1,,R, M $al 4 Clu@.'fi,1& f~3/J I Place of Business~/ a¥w,J, & $.wli ft/ alw-a/;&1 {'ct f',s 3 {) I Place of Residence s // ? {;~d;; (/JJ.( D,v-e . O:U<rabA , Ca: rs: 3-t) I J , 192 of
BID
371
11 -13

BID BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name and Address)
Jim Brisco Enterprises, Inc.
221 Airpark Road, Suite A
Atwater, CA 95301
OWNER (Name and Address):

City of Livingston
141 6 C Street
Livingston, CA 95334
BID
Bid Due Date: July 1, 2025
SURETY (Name, and Address of Principal Place
of Business):

Contractors Bonding and Insurance Company
925 N. Lindbergh Drive,
Peoria, IL 61615
Description: (Project Name and \NVVTP Sludge Removal and Disposal from the Location) City of Livingston \NVVTP
BOND
Bond
Number: N/A
Date: June 27, 2025
Penal
Sum: Ten {10) Percent of Amount Bid
(Words)
$ Ten (10) Percent
of Amount Bid
(Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY
-,...,J--,- im_ B_ri_s_co_ E_n_te..,...r~p_ris_e_s_,_ln_c_. __ (Seal) Bidder's Name and Corporate Seal
Cont • nd Insurance Company (Seal)
Corporate Seal
By: ~ By:

Pam Binns
Print Na Print Name
&1Aidu±
Title
Witness
Title
Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary. 630.14
BID 12-13
193 of 371

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. 630.14
BID 13-13
194 of 371

POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Pe01ia, IL 61615
Phone: 800-645-2402
Know All Men by These Presents:

That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired.

That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint:

Pam Binns, Michael F. Moore, Michael Hay, Jason Findley. Brandi R driguez. jointly or severally in the City of Bakersfield , State of California its true and lawful Agent(s) and Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) for any single obligation.

The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company.

RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company
caused these presents to be executed by its respective
and/or Contractors Bonding and Insurance Company, as applicable, have Sr. Vice President with its corporate seal affixed this 7th day of March , 2025 .

State of Illinois
County of Peoria } ss
On this ---1!h__ day of March , 2025 , before me, a Notary Public, personally appeared Eric Raudjns , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntaiy act and deed of said corporation.

JILL A SCOTT
Notary Public
Stat• of OMo
My Comm. Expires
Sept•mbor 22, 2025
Notaiy Public
04403 79D2n212
Sr. Vice President

CERTIFICATE
I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this~ day of Jun• , ~-
RLI Insurance Company
Contractors Bonding and Insurance Company
By: ~~ DJ_·~ Jeffrey ic Corporate Secretary
195 of 371
A0058D19

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

State of California
County of Kern
on June 27, 2025 before me Celestine M. Henry, Notary Public '------------------- (insert name and title of the officer) personally appeared Pam Binns, Attorney-in-Fact
who proved to me on the basis of satisfactory evidence to be the person(:s) whose name(~) is/jit~ subscribed to the within instrument and acknowledged to me that~/she~ executed the same in xx,iher/~authorized capacityw~~x and that by ~~er/MJ<Signature(~) on the instrument the person(x), or the entity upon behalf of which the person(:s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature.~ (Seal)
eeeoeeool

CELESTINE MARIE HENRY
Notary Public • Callfornla :

Kern CounlY ~
Commission# 2415356
y Comm. Expires Oct 5, 2026
196 of 371

ABSTRACT OF BIDS FOR

CITY OF LIVINGSTON
WWTP Sludge Removal and Disposal
Bid Opening: July 1, 2025 at 2:00 p.m.

Item
No. Unit Price Amount Unit Price Amount Unit Price Amount 1 1 LS 1,500.00 1,500.00 0.00 0.00 1,500.00 1,500.00
2 1 LS 2,500.00 2,500.00 0.00 0.00 7,900.00 7,900.00
3 400 TN 100.00 40,000.00 96.00 38,400.00 90.00 36,000.00 $44,000.00 $38,400.00 $45,400.00
Subcontractors Listed: None None
Atwater, CA 95301
Item Description
Quantity
and Unit
Atwater, CA 95301
Rolfe Construction Inc.
3573 Southern Pacific Avenue

BID TOTAL
Engineer's Estimate 221 Airpark Road, Suite A
Jim Brisco Enterprises, Inc.

Mobilization
Testing
Remove, Transport, and Dispose of Sludge
Removal
197 of 371
630.14

PUBLIC WORKS AGREEMENT

BETWEEN CITY OF LIVINGSTON AND
JIM BRISCO ENTERPRISES, INC.

THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this ____ day of ________, 2025 by and between the CITY OF LIVINGSTON, a municipal corporation, (“City”) and JIM BRISCO ENTERPRISES, INC., (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. Pursuant to the authority of the City of Livingston Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled WWTP SLUDGE REMOVAL AND DISPOSAL (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project to the extent applicable or appropriate (it being understood that one or more of such documents may not be applicable in the event a competitive bidding process is not utilized due to existence of emergency or exigent circumstances), including but not limited to, the Notice Inviting Bids, Summary of Work, Instructions to Bidders, Bid or Bid Proposal, General Provisions, Special Provisions, Plans, Drawings, and Addenda, and any other documents 198 of 371
included, referenced, or incorporated therein. The Bid Documents are incorporated into this Agreement. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Greenbook.

The provisions 2018 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on with the City at 1416 C Street, Livingston, CA 95334 and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer. (d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. 199 of 371
(f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
200 of 371

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed; (ii) has carefully considered how the services should be performed; and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.

1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
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1.7 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.8 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000.00 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

1.9 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.10 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming 202 of 371
materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.11 Additional Work and Change Orders.
(a) 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 Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Project Manager prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000.00, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Project Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. 203 of 371
(c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Project Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) 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.

1.12 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.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this 204 of 371
reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation of Thirty-Eight Thousand Four Hundred Dollars ($38,400.00) for completion of the work.

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.

City shall independently review each invoice submitted by the Contractor 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 Contractor which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor 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 that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount. 205 of 371

2.5 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall begin work within fifteen (15) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within TEN (10) consecutive working days from the date on which the work was started and in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply.

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Three Hundred Dollars ($300.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.3 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. If City finds that Contractor’s work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor’s sole expense following notice by the City. City shall accept work by a 206 of 371
timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. 207 of 371

4.3 Project Manager.

The Project Manager shall be Jose Antonio Ramirez or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City General Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense 208 of 371
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. Contractor 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 $2,000,000.00 per occurrence, $4,000,000.00 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. Contractor 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 Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident. (c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area. (e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000.00 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly 209 of 371
excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor 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. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages 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.
(c) Duration of Coverage. Contractor 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 Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor 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.
(e) 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (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 Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
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(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’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. Contractor 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 Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor 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 Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’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.
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(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor 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.
(r) Endorsements.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
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5.5 Performance, Labor, and Warranty Bonds.

Concurrently with execution of this Agreement, Contractor shall deliver to the City the following bonds:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
(b) A labor and materials bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1. (c) A warranty bond, guaranteeing the Contractor’s warranty under Section 1.9 of this Agreement, in an amount not less than 20% of the total compensation for this Agreement, as stated in Section 2.1.

All bonds shall be on a form approved by the City Clerk. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds required in Section 5.5 may be changed accordingly upon receipt of written notice from the City.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, 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 Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager 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. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

In the event of dissolution of Contractor’s business, custody of the books and records may be given 213 of 371
to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, 214 of 371
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 Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors 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 there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 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, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in the County of Merced, State of California.

7.2 Termination.

This Agreement may be terminated in accordance with Section 6-7 and 6-8 of the 2018 Edition of the Standard Specifications for Public Works Construction (the Greenbook).

7.3 Dispute Resolution Process.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work 215 of 371
and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have 216 of 371
against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute and adverse finding with regard to 217 of 371
the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000.00 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000.00 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.

If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. 218 of 371
(iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

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.

7.5 Rights and Remedies Are Cumulative.

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

7.6 Unfair Business Practices Claims.

Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, 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 Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
219 of 371

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, 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. Contractor shall take affirmative action to insure 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.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.
220 of 371

9.2 Notices.

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 Project Manager (with her/his name and City title), City of Livingston 1416 C Street, Livingston, CA 95334 and in the case of the Contractor, 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.

9.3 Interpretation.

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

9.4 Counterparts.

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

9.5 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. 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. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in 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 phrases, sentences, clauses, paragraphs, or sections 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.

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating 221 of 371
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. Contractor 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.

Contractor 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. Contractor 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.

9.8 Corporate Authority.

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

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

CITY OF LIVINGSTON, a California
Municipal Corporation.
__________________________________
José A. Ramírez, City Manager
CONTRACTOR:

JIM BRISCO ENTERPRISES, INC.

License Number: C626742
DIR Number: 1000012218
*By: ________________________________
Name: _______________________________
Title: _______________________________
ATTEST:

Monica Cisneros, Deputy City Clerk
*By: _______________________________
Name:______________________________
Title: _______________________________
APPROVED AS TO FORM:

BURKE, WILLIAMS & SORENSEN, LLP
Marc Tran, City Attorney
Address:
221 AIRPARK ROAD, SUITE A
ATWATER, CA 95301
*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY 223 of 371

EXHIBIT A
CONTRACTOR’S BID
ITEM
NO.
1 2
3 CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

BID SCHEDULE

WWTP SLUDGE REMOVAL AND DISPOSAL

ESTIMATED UNIT

BID ITEM DESCRIPTION QUANTITY PRICE
Mobilization 1 LS $ 0
'{Item 1 not to excoed $1,500.00)
Testing 1 LS $ 0
Remove, Transport, and Disposal of
o/6 , 00 Sludge 400 TN $
TOTAL BIO $ ;1-0; 'fotJ
;
NOTE: "TOTAL BID' is only on the last page of the Bid Schedule List ITEM
TOTAL
$
'(See Note)
$
s 3~ 100
224 of 371

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through and additions shown in bold and italics.
225 of 371

STAFF REPORT
AGENDA ITEM: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

APPROVE AN AMENDED SERVICE AGREEMENT WITH GOVINVEST

FOR LABOR COSTING SOFTWARE
MEETING DATE: August 5, 2025
PREPARED BY: Arcelia Cruz, Human Resources Coordinator
APPROVED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends council adopt the resolution authorizing the City Manager to approve an amended service agreement with GovInvest for labor costing software.

BACKGROUND:

The City of Livingston entered into an initial agreement with GovInvest on October 6, 2020, to assist staff in labor costing, analysis, and budgeting. The partnership with GovInvest has resulted in seamless integration with our current systems, and there now exists an opportunity to incorporate labor costing and projections in preparation for the current negotiations with all five bargaining groups. The software itself is used to forecast personnel costs which is helpful as the City has a handful of associations with various benefits and pay for specific members. The amended service agreement will provide staff with additional managed service hours for labor costing support and costing proposals.

DISCUSSION:

Since its inception in 2014, GovInvest has provided clients with the ability to run financial forecasting through their software platform. The GovInvest platform allows for real time projections which are critical to manage pension, Other Post Employment Benefits (OPEB), and comprehensive labor costs. GovInvest allocates personnel in order to integrate its existing systems so that staff can fully utilize its system and tailor the software to the needs of the City.

During negotiations, and in order to provide the full context and expense of any Memorandum of Understanding (MOU) proposal, staff will typically cost out the full extent of all expenses within the MOU. This allows the Council to make policy decisions with fully burdened expenses known on the front side and prior to making a final decision.

It is important to note that while the MOUs may have different benefits to their respective association members, the GovInvest software allows for all of these expenses to be captured.

On December 19, 2023, the Council approved a service agreement in the amount of $18,285 for a three-year service agreement that included 10 hours of yearly managed services. Currently we have utilized all managed services hours and are requesting an additional 20 hours of managed services for labor costing support and costing proposals. 226 of 371
The amended service agreement included in the attachments dated June 23, 2025, represents the amount that will be due to GovInvest, Inc. In the amount of $4,000.00 FISCAL IMPACT:

The additional cost for 20 hours of managed services does not exceed $4,000.00. The Finance Department will make the appropriate appropriations to the FY 2025/26 Budget.

ATTACHMENTS:

1. Resolution

2. Amended Agreement
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RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING THE CITY MANAGER TO APPROVE AN AMENDED SERVICE

AGREEMENT WITH GOVINVEST FOR LABOR COSTING SOFTWARE
WHEREAS, the City of Livingston Finance and Human Resources Department desires to have specialized software to help with financial modeling for personnel and labor expenses; and WHEREAS, the City of Livingston began utilizing GovInvest, Inc. in October 6, 2020 for budget forecasting and labor costing analysis;
WHEREAS, this amended service agreement with allow the City of Livingston staff to continue using GovInvest, Inc. software for personnel costing, budget modelling, in addition to providing managed service hours for labor costing support and costing proposals .

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

Section 1. The City Council authorizes the City Manager to execute the amended agreement with GovInvest, Inc. attached hereto and incorporated as “Exhibit A”.

Section 2. This resolution will become effective immediately.

Section 3. The Finance Department will make appropriate Budget appropriations to FY 2025/26 Budget in the amount of $4,000.00 for the additional managed services hours.

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 5th day of August, 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
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APPROVED AS TO LEGAL FORM
____________________________________
Marc B. Tran, City Attorney
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First Amendment to Agreement 1

FIRST AMENDMENT

CONTRACT PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN
Livingston, CA and GOVINVEST, INC
This First Amendment to the Contract Professional Services Agreement by and of The City of Livingston, CA, a municipal corporation ("City”) and GovInvest (dba TrueComp), a Delaware corporation, (hereinafter “Consultant”) (City and Consultant are referred to collectively as "Parties").

WHEREAS, the Parties previously entered into that certain Professional Services Agreement dated October 6, 2023 for consulting services ("Agreement") attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the Parties now desire to amend certain provisions of the Agreement to adjust the term and scope of services.

NOW THEREFORE, the parties hereto mutually agree to adjust the Agreement, as follows:

Scope of Work:

1. Additional 20 hours of Managed Service for Labor Costing Support and Costing Proposals

2. Service Term: July 1, 2025- October 5, 2026

3. The Customer agrees to compensate Consultant for services rendered under this First Amendment by $4,000.

4. The Scope of Services is listed under EXHIBIT “A” of the Professional Services Agreement dated 11/30/2023. Section 1(B) is amended to add a new sentence, which reads: Provide up to an additional 20 hours of Managed Services to assist with the negotiation scenario analysis and updates under the First Amendment.

5. It is understood this First Amendment is bound and subject to all the provisions in the Contract Professional Services Agreement, and those remain in full force and effect through the end of the term in the original Contract Professional Services Agreement.

Except as specifically modified herein, the Contract Professional Services Agreement, and all provisions contained therein, shall remain in full force and effect. In the event of a conflict between the provisions of this First Amendment and the Contract Professional Services Agreement, the provisions of this First Amendment shall govern.

IN WITNESS WHEREOF, the parties hereto have entered into this First Amendment as of the first date written above.

GOVINVEST, INC.

By: _ Nick Martin ___________________________ Date: _______________________ Name: ____________________________________
Title: _Vice President of Finance & Operations____
Livingston, CA
By: _______________________________________ Date: _______________________ Name: _____________________________________
Title: ______________________________________
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STAFF REPORT
AGENDA ITEM: Resolution Approving the Second 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: August 5, 2025
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Adopt City Council Resolution No. 2025-___, approving a Resolution approving the second 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.

BACKGROUND AND DISCUSSION:

California Housing Element Law (California Government Code, sections 65580 et seq.) requires every jurisdiction to prepare and adopt a Housing Element as part of its general plan. State housing element law mandates that housing elements be updated every eight years. The sixth cycle housing elements 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 Statue requires HCD to review Housing Elements for compliance with the Statute and 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 231 of 371
selected Rincon Consultants, Inc 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 responses comments to HCD on March 14, 2025. HCD then responded with a second round of review comments on May 8, 2025, see Attachment D On July 15, 2025, the City Council approved Amendment Number One, to the Professional Service Contract with Rincon, authorizing the amount of $8,676 to continue responding to HCD comments. This authorization did not include additional scope and budget and budget.

Rincon requested additional funding in the amounts of $4,794 for project management costs and $6,488 for responding to a potential fourth round of HCD comments. Together these two adjustments total $11,282, see Exhibit A of Attachment A. The adjusted amount, including the $8,676 from the Amendment One totals $19,958.

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:
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Consideration of the proposed amendment to an executed agreement is an administrative activity and exempt from the California Environmental Quality ACT (CEQA) as it and 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, staff will execute a contract amendment to reflect the additional scope and budget and have the contract amendment executed.

ATTACHMENTS:

A. Resolution
Exhibit A -Amendment Number Two 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
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RESOLUTION NO. 2025

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING

THE SECOND 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 Reviews 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 scope to respond to HCD ‘s latest comments and potential fourth round of HCD comments, as described in the letter dated June 5, 2025, from Rincon Consultants, 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 Second 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 (“Second Amendment”), attached hereto as Exhibit A, and authorizes and directs the City Manager to sign the Second Amendment on behalf of the City.

2. The City Council authorizes the Finance Department to make an appropriation in the amount of $11,282 from account 1120-108-4310 – Contract services. The adjusted amount from Amendment One of $8,676, together with the adjusted amount of Amendment 2 ($11,282) totals $19,958.

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 5th day of August 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

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

APPROVED AS TO LEGAL FORM
________________________
Marc B. Tran, City Attorney
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SECOND AMENDMENT TO

THE CONTRACT PROFESSIONAL SERVICES AGREEMENT
(Support for community engagement and additional HCD Reviews of City’s Housing Element Update)
This Second Amendment to the Agreement for Professional Services Agreement ("Second Amendment") is entered into on the 6th day of August 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 Consultant entered into a Professional Services Agreement for support for community engagement and responses to HCD’s reviews 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 Second Amendment.

2. Amendment to the Total Budget. The budget for approved Agreement Amendment Number One ($8,676.00) and Amendment Number Two ($11,282) totals $19,958.

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 Second Amendment for Rincon represents and warrants that he/she is fully authorized to sign this Second Amendment on behalf of Consultants to the performance of its obligations hereunder.

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

CITY OF LIVINGSTON,
a municipal corporation
By: _______________________________
Jose A. Ramirez, City Manager
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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
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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.
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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
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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.
r
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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
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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.
r
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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
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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, 2 245 of 371
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.
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(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. 5 248 of 371
(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 6 249 of 371
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.
7 250 of 371
( 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 8 251 of 371
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. 9 252 of 371

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. 10 253 of 371

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]
11 254 of 371
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. 12 255 of 371
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
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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.
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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) 258 of 371
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.
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01222.0001/643601 .1
EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
B-1
260 of 371
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
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Fee Schedule
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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
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Fee Schedule
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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
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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
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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
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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). 266 of 371
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
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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.

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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.

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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

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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

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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

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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.

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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.

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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.

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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
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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 277 of 371
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).) 278 of 371
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.
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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
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STAFF REPORT
AGENDA ITEM: Public Hearing – Consideration of the Livingston Planning Commission’s Recommended Preferred Land Use Alternative for the City of Livingston 2040 General Plan Updating the City of Livingston’s General Plan Land Use Diagram.

MEETING DATE: August 5, 2025
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Adoption of a Resolution of the City of Livingston City Council Selecting a Preferred Land Use Alternative for use in the update of the City of Livingston 2040 General Plan and General Plan Land Use Diagram.

Overview:

In California, a General Plan is required by State Law for every city and county. The General Plan represents the community’s long-term vision for the future. It serves to guide long term decisions on land use matters, establishing community expectations. It addresses a broad range of topics organized by “elements.” A General Plan is periodically updated to reflect changing conditions in the community. While the General Plan has a long-term perspective (20-30 years), specific elements like housing have shorter time frames, and other elements like infrastructure have even longer lifespans. Each General Plan includes maps expressing the community's vision of how and where it will grow and change in the future.

In March 2020, the City of Livingston initiated a comprehensive General Plan update and contracted with Mintier Harnish Planning Consultants to facilitate the update effort. The intent of the update is to produce a new General Plan that is innovative and contemporary. In addition, it will serve to comply with State Planning law, such as provisions for climate change, hazards, and environmental justice to increase diversity and inclusivity, and address emerging trends and best practices.

The City Council has echoed a focus on the following:
• Smart growth,
• Efficient Land use, and
• Economic stability and vitality (by diversifying the City’s economic base, preserving, and enhancing the downtown, improving intergovernmental coordination, and processing strategic economic development plans).
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The effort commenced in Spring 2020 and has now reached the mid-way point of evaluating land use alternatives to identify a preferred land use alternative.

On May 13, 2025, the Livingston Planning Commission conducted a public hearing to consider three land use alternatives and buildout scenarios and unanimously voted to recommend a Preferred Land Use Alternative to the City Council for consideration in updating the City’s General Plan Land Use Diagram. The Planning Commission’s deliberations are discussed in section C.3.6 below.

The City’s General Plan consultants will be presenting the Planning Commission’s recommended Preferred Land Use Alternative for the Council’s consideration and action.

Background and Discussion:

A. State of California General Plan Regulations.

The State of California provides guidance principles to local jurisdictions to develop and update their General Plan to guide development within their jurisdictional boundaries. The State of California Planning Priorities (Government Code section 65041.1) is provided below. “The state planning priorities, which are intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety in the state, including in urban, suburban, and rural communities, shall be as follows:
(a) To promote infill development and equity by rehabilitating, maintaining, and improving existing infrastructure that supports infill development and appropriate reuse and redevelopment of previously developed, underutilized land that is presently served by transit, streets, water, sewer, and other essential services, particularly in underserved areas, and to preserving cultural and historic resources. (b) To protect environmental and agricultural resources by protecting, preserving, and enhancing the state’s most valuable natural resources, including working landscapes such as farm, range, and forest lands, natural lands such as wetlands, watersheds, wildlife habitats, and other wildlands, recreation lands such as parks, trails, greenbelts, and other open space, and landscapes with locally unique features and areas identified by the state as deserving special protection.
(c) To encourage efficient development patterns by ensuring that any infrastructure associated with development, other than infill development, supports new development that does all of the following:
(1) Uses land efficiently.
(2) Is built adjacent to existing developed areas to the extent consistent with the priorities specified pursuant to subdivision (b).
(3) Is located in an area appropriately planned for growth. (4) Is served by adequate transportation and other essential utilities and services. (5) Minimizes ongoing costs to taxpayers.”
B. Current and Past General Plans
The City of Livingston’s current General Plan was adopted in September 1999. The City adopted a General Plan update on October 21, 2008. The City also prepared and updated various master plans for the provision of City services to accompany the 2008 General Plan Update. However, 282 of 371
the 2008 General Plan was challenged and overturned by the court. A copy of the City of Livingston 2025 General Plan Land Use Map (overturned by the Court) is included as Attachment

2. C. General Plan Update Effort
The City is currently undertaking a multi-year effort to update its General Plan, which will serve to establish updated community vision, goals, and policies to support economic development, sustainability plans, and improved quality of life for the Livingston community through the year 2040. The required elements of the General Plan touch on all aspects of city governance including, but not limited to land use, traffic and circulation, parks and open space, housing, and public safety.

The current General Plan process and the recommendations (recommendation of a Preferred Land Use Alternative to the City Council) builds off the following General Plan update efforts.

1. Preparation of an Existing Conditions and Trends Workbook. This document represents a snapshot of the Livingston community assets and constraints and is dated September 2020. This document provides a baseline of development trends that will be used to develop land use alternatives for the community’s future and analyzes the environmental impacts associated with these options. The Workbook covers the following topics:
• Land Use
• Population, Employment, and Housing
• Social Equity
• Circulation and Transportation
• Biological and Cultural Resources
• Public Facilities, Services, and Infrastructure
• Air Quality and Greenhouse Gas
• Safety and Hazards
• Hydrology and Water Quality
This report is available at: https://livingstoncity2040.com/images/docs/lgpu_newsletter2_20201006.pdf.

2. Summary of the Visioning Outreach Process. This document can be accessed at:
https://livingstoncity2040.com/images/docs/lgpu_visioningsummary_20210526.pdf. The following list summarizes key takeaways, organized by the major themes of the survey. a. Economic Development
Respondents were in favor of having an ACE Train Station in Downtown Livingston. Of the diverse types of businesses Livingston could have in the Downtown area, respondents would most like to see locally owned businesses, restaurants, and boutiques; chain and big box stores had some support, but not as much. Other types of businesses suggested by residents include entertainment venues (e.g., bars, bowling alleys), a gym, and better landscaping. One respondent suggested introducing residential mixed-use to the Downtown area.
b. Transportation and Mobility
Many respondents indicated that traffic congestion is somewhat of a problem, but there was not overwhelming agreement that it is a bad problem. About one-third of respondents felt that it is very easy to walk from place to place in Livingston, and only one person felt 283 of 371
it was very hard. Respondents leaned toward considering truck parking as a “serious” problem; however, many respondents also did not have an opinion on the issue. Most respondents walked around for exercise, to go to school, to go to the park, or to go to a friend’s house. A handful of respondents also walked to the grocery store and pharmacy. c. Health and the Quality of Life
What respondents like most about Livingston, by far, is the small-town feel, friendly community, and diverse cultures. Many respondents also like the schools and housing costs in Livingston. On the other hand, respondents felt that Livingston needs more places for people to gather, including restaurants and cafes, a plaza, dog parks, and fun places with activities. Some respondents also noted the need for bike trails, safe places to walk, sports fields, parks, grocery stores, doctors’ offices, agriculture, a community education facility, and more stores. Overall, respondents felt that all City services were just average.

The Fire Department was most positively rated by respondents, and water/sewer service was most negatively rated by respondents.
d. Land Use and Development
Respondents were evenly split on their opinions of whether Livingston should expand and annex more land, although just one more person was in favor of expansion/annexation compared to the number of respondents against it. Overwhelmingly, respondents feel that Livingston should encourage infill development. Again, respondents were evenly split on their opinions about mixing retail and commercial uses with residential uses (mixed-use), although just one more person was in favor of encouraging mixed-use development compared to the number of respondents against it.
e. Visioning Summary
Most respondents love Livingston because they are close to friends and family. Many others also love Livingston because they feel secure, are part of a community, feel a sense of community, heritage, and tradition, and the availability of affordable housing. However, two respondents specifically wrote in that they do not love Livingston, one of which explained it was because they needed to travel outside the City for the services they needed. Most respondents indicated that, in 2040, they hope Livingston is safe and family oriented. Many respondents indicated that they would hope that Livingston is also attractive, welcoming, thriving, multicultural, and friendly. Some participants wrote in that they hope Livingston will have more fun activities to do, and is healthier, dog-friendly, honest, has integrity, fosters wholesome family life, and is fiscally strong. f. Characteristics of Respondents
Almost half of the respondents heard about the survey through a City announcement, including as a utility bill insert. Many also heard about it through Facebook and through friends. Respondents were represented in all the areas of the City, in addition to some representation of the unincorporated areas just outside the City, although there was slightly more representation from the area south of Highway 99 and west of Main Street.

Over half of the respondents are between the ages of 31 and 50, and all age ranges were represented in the survey. Of note, one respondent is under 18. Of all the options for work, the agriculture, food, and natural resources industry represent the most survey participants. Education and training; health science/healthcare; and government and public administration also represent many survey participants. Additionally, a handful of respondents are retired. Finally, three quarters of respondents have not signed up for the General Plan email list.

3. Preparation of A Vision Statement and Guiding Principles document, This document 284 of 371
paints a picture of what Livingston could be 20 years from now. The guiding principles establish broad benchmarks for the City during the rest of the General Plan update process and the General Plan life itself. This document can be accessed at the following web link: https://livingstoncity2040.com/images/docs/lgpu_v-gp_20210607.pdf. A summary of this document is incorporated below.

Vision Statement
“In 2040, Livingston is a diverse, multicultural, welcoming, peaceful community with a small-town feel. Livingston’s schools continue to be the best in the region. Downtown Livingston is home to many local businesses, trendy restaurants, and fun things to do and see. There are many places for friends and family to gather in Livingston. Residents do not worry about water quality or quantity, and the city has achieved a balance between growth and preservation of agricultural lands.

Guiding Principles
a. Cultivate a Downtown Renaissance. Support and attract businesses that will restore Downtown Livingston to a vibrant destination with unique retail, entertainment, arts, and dining options, especially commercial and entertainmentfocused uses, while preserving the small-town feel. b. Balancing Growth and Agricultural Land Preservation. Support a balanced growth management strategy that protects productive agricultural lands while allowing for new economic opportunities.
c. Offer Recreational Opportunities. Maintain and expand walking and biking facilities to encourage non-automobile modes of transportation, continue to hold community-wide events and festivals, and support the development of new recreational facilities to attract regional sports tournaments. d. Foster Economic Growth. Promote a strong local economy by supporting existing businesses and industries, while providing additional opportunities for local and regional businesses to become established in the City, especially those that recruit, retain, and expand quality jobs for Livingston’s resident workforce. e. Maintain Multicultural Assets. Continue to celebrate the different communities and heritages that contribute to Livingston’s diversity and foster appreciation for diverse cultures, while embracing Americanism, patriotism, and their unifying principles.”

4. Land Use Alternatives Open House. On October 29, 2024, the City hosted an Alternatives Open House to present three (3) land use alternatives to the community and to educate residents on the potential benefits and impacts associated with each land use alternative.

The open house also served to solicit feedback on land use alternative preferences. Over 30 community members attended the event and provided valuable feedback on various land use scenarios for the City. A copy of the Alternatives Open House Summary is included as Attachment 3.

5. February 11, 2025, Planning Commission Study Session and Public Hearing. On February 11, 2025, the Planning Commission conducted a study session and public hearing to consider three land use alternatives with the intent of identifying a Preferred Land Use Alternative for recommendation to the City Council. At this meeting, staff provided an overview of general plan requirements, a summary of update efforts completed thus far, and a presentation of three land use alternatives.

Alternative 1: Baseline,
Alternative 2: Infill,,
Alternative 3: Expansion.
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The Alternatives analysis also included a review of eight “focus areas,” which are areas in the community that are likely to change based on the needs of the community. Having focus areas is important because it narrows down where change would occur in the community and provides the City with a starting point to develop policies to support the change. A copy of the Alternative Land Use Preliminary Analysis is included as Attachment 4.

After the staff presentation, the Planning Commission asked questions on the following items:
a) Purpose of Specific Plans and utilizing them in the General Plan. b) Strategies for amending the City’s Sphere of Influence and determining the best areas for growth.
c) Determining whether there is an adequate amount of vacant land within the City Limits and the Sphere of Influence to accommodate the City’s desired growth rate and direction, taking into consideration any limitations or constraints to growth.
d) How does the Alternative 3 Growth options for density and area compare with the adopted General Plan area in 2006?
e) What changes would be required to the zoning ordinance (development density and intensity) to reach consistency with the new General Plan growth policies? f) What growth patterns can take advantage of the planned Ace train station? g) What is the difference between agriculture and urban reserve land use designations?
h) Fiscalization of land uses- the use of land use planning and development to encourage revenue production as a first-order goal for the City’s fiscal solvency. i) What flexibility in land use will be allowed?
j) Identifying ample areas to develop in the next general plan update.

The Planning Commission continued the public hearing and asked staff to provide additional guidance with identifying growth criteria that could be considered when reviewing the type, the volume and location where city growth could occur.

6. May 13, 2025, Planning Commission Study Session and Public Hearing. On May 13, 2025, the Planning Commission conducted a study session and public hearing to consider three land use alternatives with the intent of identifying a Preferred Land Use Alternative to recommend to the City Council for its consideration. Staff reviewed the following criteria to assist the Commission’s discussion related to City growth:
• City size (population and employment projections).
• Volume of vacant and undeveloped properties within the City Limits. • Amount of vacant and undeveloped properties within the Sphere of Influence.
• Buildout scenarios of new neighborhoods.
• Diversity of land uses (jobs, commerce, and housing). • Downtown revitalization and intensification of land uses (grow up, not out). • Properties near existing City services (sewer, water, and storm drainage). • Existing and projected City infrastructure and level of service capacities. • Integration with existing and planned transportation facilities. • Developer/property owner interest and commitment.
• Protection of agricultural and cultural resources.
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• Growth management strategies.
• Fiscalization of land use – planning for City solvency. • Development constraints (natural and man-made barriers).

Mintier-Harnish, prepared a report to address requests from property owners present at the February 11, 2025, Planning Commission Meeting. All the properties referenced at the February 11, 2025, meeting are located outside the current City Limits. City staff and the consultant team thought it would be important for the Planning Commission to be informed about the steps necessary to include any of those properties within the City Limits and make them available for future development. A Property Owner Request Considerations report was prepared by Mintier-Harnish, which analyzes properties suggested for consideration by the members of the public at the February 11, 2025, Planning Commission Meeting. see Attachment 5
a. Land Use Alternatives Mintier Harnish reviewed three land use alternatives, each containing different growth options.

Alternative 1 represents a baseline with no changes to the land use map but is updated to comply with State Law.

Alternative 2 focuses on infill development, by increasing the density and intensity of the existing land use designations within the City Limits with no expansion. New housing would mostly be from higher residential densities in the City.

Alternative 3 analyzes the City expanding into areas that are not within the City Limits or Sphere of Influence. New housing would mostly be new single family residential.

Each alternative was also presented with a potential yield for population capacity, employment capacity, total dwellings capacity and total land consumed at full buildout, see the table below:

Alternative 1
(Baseline)
Alternative 2
(Infill)
Alternative 3
(Expansion)
Population
Capacity 17,531 21,134 30,626
Jobs Capacity
5,671 18,667 18,962
Total Dwelling
Unit Capacity 5,314 7,521 12,225
Total Land
Consumed
(at Full Buildout)
41 acres 394 acres 1,323 acres
The selected preferred land use alternative can be comprised of the aspects of the three land use alternatives and result in hybrid version. 287 of 371
b. Annexation requests from property owners who own 22 parcels outside of the City Limits were also reviewed. Five parcels are located outside of the City Limits, but within the Sphere of Influence. Eighteen properties are located outside of the City Limits and outside of the Sphere of Influence, see Attachment 6. c. Annexation Prerequisites. Staff identified and reviewed conditions required for land to be considered for annexation. These include:
a. The parcel must be located within the Sphere of Influence. b. A City-County tax sharing agreement must be in place. c. A Municipal Services Review (MSR) must be completed to evaluate a City’s ability to provide municipal services to current and future needs. d. Other considerations
1) The environmental assessment will be based on a buildout capacity at the highest density. It was noted that in some cases, properties are not developed or developed at the maximum density.
2) The City must prepare master infrastructure plans for the provision of sewer, water, and storm drainage improvements. These plans will be prepared after the adoption of the General Plan without a court challenge. 3) The environmental assessment for the general plan will be comprehensive and can be used to streamline the environmental assessment of subsequent development proposals that are consistent with the City’s adopted general plan. 4) A growth management strategy for managing the speed and location of growth over the life of the general plan can also be incorporated as a general plan land use policy.
e. Summary of Planning Commission Discussion Points. For the record, a summary of Planning discussion points is provided below.
1) Requests from property owners who requested their properties be considered for inclusion in the adopted preferred land use alternative. 2) Annexation of outlying parcels would require annexation of intervening parcels located between the city limits and proposed sites.
3) Urban development impacts on residents, such as homelessness, depression, and substance abuse.
4) Population projection comparisons of the Merced County Association of Governments Regional Transportation Plan (of 19,000 residents) with the projected populations of each land use alternative.
5) The population projection of over 100,000 residents in the 2008 General Plan was excessive.
6) Population growth in the downtown area, near the future Ace Train Station, and growth from single family development in the outlying areas. 7) Higher density in the downtown area would happen only from redevelopment of already improved properties.
8) Promoting infill development while preserving agriculture land uses. 9) Land consumption rates disparities among each alternative. 10) Potential constraints in providing municipal services to serve both existing and future growth.
11) Supporting local businesses with population growth in both the downtown and growth areas.
12) Extending the Sphere of Influence east to establish land use control of properties 288 of 371
near the Sultana/ Hwy 99 interchange to facilitate business growth opportunities. 13) Increased traffic congestion to existing and future freeway interchanges. 14) Maintaining existing agricultural uses within the Sphere of Influence, while allowing growth in key areas that can accommodate business and job growth. 15) Promoting a variety of housing densities to help address the City’s Regional Housing Needs Allocation.
16) Timing of the Municipal Services Review and determining the City’s current and future service capacities.
17) Limiting growth of outlying areas after infill areas are developed, considering vacant and underutilized sites within the current City limits. 18) Designating more light industrial land uses for job growth, while considering the amount of industrially designated lands that are realistically available for development.
19) The trigger for future development is to be through a specific plan. 20) Expanding the sphere of influence to the east with the intent to preserve agricultural lands until a land use amendment is desired. 21) Expanding the Sphere of Influence to west of Robin Avenue to capture development of both sides of Robin Avenue. Future development west of Robin would serve to complete the buildout of Robin Avenue while serving as a buffer to the agricultural uses located to the west.
22) Expanding the sphere of influence to Magnolia Avenue with the intent of providing a school site and low density residential at today’s development densities (4,000 to 5,000 square foot lots).
23) Expanding the Sphere of Influence boundary to include the Sultana Avenue interchange area.
24) Designating areas as Urban Reserve to preserve agricultural uses while providing the opportunity for future general plan amendments.
25) Buildout of Urban Reserve capacities figures are not included in any of the land use alternatives.
26) Proposing a specific plan for mixed use development on property located on the northside of Highway 99, east of Dwight Lane.
27) Develop the vacant land west of Dwight Lane and the existing City Limits under a specific plan.
f. Planning Commission Recommended Preferred Land Use Alternative – May 13, 2025 The Planning Commission unanimously voted to recommend expansion of the sphere of influence that is listed in Alternative 3 (expansion) with modifications discussed at the May 13, 2025, Planning Commission meeting. The Planning Commission’s recommended Preferred Land Use Alternative is depicted in Attachment 7, and a buildout table for this alternative is provided below.

Planning Commission Recommended
Preferred Land Use Alternative 3 - Expansion
Population Capacity 32,352
Jobs Capacity 26,230
Total Dwelling Unit Capacity 13,439
Total Land Consumed
(at Full Buildout) 1,331 acres
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A comparative buildout table for the three land use alternatives and the Planning Commission’s preferred land use alternative is included as Attachment 8.

ISSUES
The scope of work for Mintier Harnish is to facilitate the general plan update process. The Scope of work does not include preparing a staff recommendation. Consequently, City staff recommendations and evaluation of a staff recommended land use alternative have not been prepared for consideration. Incorporating a staff recommended general plan alternative would require a scope change and additional budget.

In addition to the Planning Commission’s recommendation. staff has the following additional suggestions for consideration:

1. Expanding the sphere west of the City’s wastewater treatment plant to incorporate City owned property within the City’s Sphere of Influence.

2. Designating a park open space designation along the Merced River corridor to both protect the riparian habitat along the river frontage as well as to provide passive recreational facilities.

3. Designating the vacant Gallo properties along B Street as a potential specific plan area with mixed use development.

4. Designating the future Ace Train Station area as a public facility.

5. Designating future park and school sites in areas outside of the city limits, but within the Sphere of Influence.

6. Inclusion of a Business Park designation to accommodate both diverse job growth and attractive business development sites.

7. Inclusion of an Agricultural land use designation to allow existing farming operations to continue within the City limits while protecting agricultural operations within the sphere of influence.

If the Council wishes to consider any additional changes to the preferred land use alternative, these changes and suggestions could be sent back to the Planning Commission. Planning Commission deliberations and feedback could then be presented to the City Council at a later date.

The City Council can also identify its own amendments and adopt a Preferred Land Use Alternative Land Use Diagram. The attached draft City Council Resolution will serve to memorialize the City Council’s approval of a Preferred Land Use Alternative.

NEXT STEPS
Following the City Council’s selection of a preferred General Plan land use scenario, the project team will refine and analyze the scenario for transportation and safety-related impacts, including evacuation and Vehicle Miles Travelled (VMT). The consultant will begin drafting and updating General Plan Elements and begin to prepare the environmental impact report.

The updated land use map will guide future policy decisions, infrastructure planning, and required updates to the Zoning Code and Zoning Map for consistency. While the preferred scenario will serve as the foundation for the new General Plan, it can still be refined until formal adoption. The project team will document findings from required studies and begin drafting the General Plan 290 of 371
elements based on the selected scenario, with an initial public review draft anticipated in early 2026 and projected adoption of the General Plan and EIR in 2027.

CORRESPONDENCE
The City received the following written correspondence.

Letter from Jean Okuye, President, Valley Land Alliance dated December 3, 2024, see Attachment 9.

Email correspondence from Baolia Xiong, California Health Collaborative dated June 13, 2025, see Attachment 10.

PUBLIC NOTICE:

Notice of a Public Hearing for consideration of Land Use Alternatives for the City of Livingston General Plan update was published on June 20, 2025, for the July 1, 2025, City Council Meeting.

The City Council, at its July 1, 2025, meeting, opened the public hearing and continued the public hearing to the August 5, 2025, Regular City Council Meeting.

A public hearing notice was also published on July 18, 2025, in the Merced Sun Star. Public Hearing Notices were also emailed to interested parties for each meeting.

FISCAL IMPACT:

Funding for the current General Plan scope of work is appropriated in the FY 2025-26 Budget.

Additional scope is not and would require an amendment to the current professional services agreement with Mintier Harnish.

ATTACHMENTS:

1. City Council Resolution - selecting the General Plan preferred Land Use Alternative.

Alternative.

2. A copy of the City of Livingston 2025 General Plan Land Use Map (overturned by the Court in 2008)

3. Memo dated January 21, 2025 – A summary of the Alternatives Open House Summary.

4. Memo dated October 24, 2024 – Alternative Land Use Preliminary Analysis.

5. A Property Owner Request Considerations report

6. A map of properties requested to be considered for inclusion.

7. The Planning Commission recommended Preferred Land Use Alternative to the City Council for the proposed 2040 General Plan Update.

8. Livingston Land Use Alternatives Scenario Summary Statistical Report

9. Letter from Jean Okuye, President, Valley Land Alliance dated December 3, 2024

10. Email correspondence from Baolia Xiong, California Health Collaborative dated June 13, 2025.
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Attachment 1
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON SELECTING A

PREFERRED LAND USE ALTERNATIVE FOR USE IN THE UPDATED OF CITY OF LIVINGSTON 2040 GENERAL PLAN AND GENERAL PLAN LAND USE DIAGRAM WHEREAS, every city, town, and county in California must have a general plan, which is the local government’s long-term framework or “constitution” for future growth and development. The general plan contains the goals and policies upon which the City Council and Planning Commission will base their land use decisions; and
WHEREAS, the City of Livingston adopted its current General Plan and Environmental Impact Report in December 1999; and
WHEREAS, in March 2020, the City commenced efforts to update its General Plan in accordance with California Government Code Section 65300 et seq; and WHEREAS, the General Plan Update process includes the development and evaluation of land use alternatives to explore different growth patterns and planning strategies; and WHEREAS, the City conducted extensive community engagement activities, including workshops, stakeholder interviews, public meetings, and surveys to gather input on future land use preferences; and
WHEREAS, the land use alternatives were evaluated based on criteria such as consistency with community values, infrastructure capacity, environmental constraints, economic feasibility, and regional planning goals; and
WHEREAS, a summary of the three proposed land use alternatives with various levels of development were proposed as follows:
o Alternative 1 represents development based on the existing 1999 General Plan policies and land uses.
o Alternative 2 represents development with a focus on encouraging infill development, with potential to increase residential densities and building intensities in the existing City Limits.
o Alternative 3 represents expansion and a focus on annexing additional land into the city.:

WHEREAS, the Planning Commission conducted an advertised public hearing on February 11, 2025, to consider recommending a Preferred Land Use Alternative. After the close of the Public Hearing, the Commission moved to continue consideration of the land use alternatives and readvertise a new Public Hearing; and
WHEREAS, a public hearing was advertised in the Merced Sun Star on May 2, 2025, that the Planning Commission would conduct a study session on May 13, 2025, to consider and recommend to the City Council, a Preferred Land Use Alternative for the 2040 General Plan Update.
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WHEREAS, the Planning Commission conducted a public hearing on May 13, 2025, to consider recommending a Preferred Land Use Alternative to the City Council. After the close of the Public Hearing, the Planning Commission moved to recommend a hybrid of Land Use Alternative No. 3, for consideration as part of 2040 General Plan Update process; and WHEREAS, a public hearing was advertised in the Merced Sun Star on July 18 and July 25, 2025, announcing that the City will be considering the Planning Commission’s recommended Preferred Land Use Alternative for the 2040 General Plan Update; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby:

1. Selects Alternative 3- Expansion hybrid, as presented in the staff report dated August 5. 2025, as amended, as the Preferred Land Use Alternative for the General Plan Update.

2. Designates the Preferred Land Use Alternative to serve as the basis for preparing the draft General Plan land use diagram and associated policy framework.

3. Finds that this selection does not constitute a final determination of land use policy and does not represent adoption of the General Plan or any element thereof.

4. Reserves the right to revise land use designations during the General Plan drafting and environmental review process.

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 5th day of August 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 Barraza Tran, City Attorney
of the City of Livingston
293 of 371

PEACH AVE
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City of
Livingston
2025 General Plan
Land Use Map
Legend
:J Livingston City Limits
f'-"'! Proposed Sphere of Influence CJ PlanningArea
L-] Special Planning Area
Parcels
General Plan Designations
Low Density Residential
- Medium Denisty Residen1ial
High Density Residential
• Neighbomood Commercial
- Community Commercial
- Downtown Commercial - Service Commercial - Highway Commercial - Limited Industrial
• General Industrial
• Public Facilty
- Park/Open Space
Resource Conservation Area Urban Reserve
Figure 3-1
Layou, by Pl cilc Mun,c,pal Con~""•nto - ~y 2007 . Up(j1!•~ ~••1 2007 En• Map by Mt1cff Count,, As!iocil!ion of Go..,.,n,,.,,nn • O.t. :2'003 294 of 371
Memorandum to the City of Livingston
City of Livingston Genea/ Plan update
Land Use Alternative Open House Summary
Tuesday, January 21, 2025
mintierharnish
TO:
planning consultants

MEMORANDUM
Miguel Galvez, Contract Planner, City of Livingston
ATTACHMENT 3
mintierharnish
p1.,n.ntng ronsv1t,n1s
1415 20™ STREET
SACRAMENTO, CALIFORNIA 95811
(916) 446-0522
FAX(916)446-7520
[email protected]
www.mintierharish.com
Martha Abeloe, Senior Administrative Analyst, City of Livingston City of Livingston City Council
FROM:

CC:

DATE:

RE:

City of Livingston Planning Commission
Michael Gibbons, Project Manager I Mintier Harnish
Jim Harnish, Hannah Woolsey I Mintier Harnish
January 21, 2025
Alternatives Open House Summary
Introduction
Phase 5 of the General Plan Update project is dedicated to the analysis of land use and growth alternatives. The purpose of analyzing land use alternatives is to develop an updated land use diagram for the General Plan which reflects the community's vision for the next 20 years. The consultant team, in consultation with City staff, developed three alternative land use concepts (or "alternatives") to provide City decision makers and the community with a general understanding of the implications of different land use alternatives. Three land use alternatives were prepared, each illustrating different levels of development. Alternative 1 represents development based on the existing 1999 General Plan policies and land uses. Alternative 2 represents development with a focus on encouraging infill development, with potential to increase residential densities and building intensities in the existing City Limits. Finally, Alternative 3 represents city expansion and a focus on annexing additional land into the city. For all alternatives, eight focus areas were created to narrow down where change would likely occur in the community and provide the City with a starting point to develop policies to support these changes.

Alternatives Open House
On October 29, 2024, the consultant team and City staff facilitated an open house to present the three land use alternatives to the community, educate residents on the potential benefits and impacts associated with each land use alternative, and solicit feedback on land use alternative preferences.

Posters showing each of the land use alternatives were set up around the room. Additionally, worksheets were available to attendees to note their preferred alternative(s) for the future of Livingston. AH posters and worksheets were prepared in English, Spanish, and Punjabi. Additional printouts of various previously prepared project materials were provided to workshop attendees, including the Existing Conditions and Trends Workbook, the City's Vision and Guiding Principles, and the Land Use Alternatives Report Memorandum.
295 of 371
Memorandum to the City of Livingston
City of Livingston Genea/ Plan update
land Use Alternative Open House Summary
Tuesday, January 21, 2025
mintierharnish
The workshop began at 6:30 p.m. and lasted approximately one hour. Residents were notified of the event through email, the project and City websites, City social media, and printed flyers. Three e-blast notifications were sent to the General Plan email list prior to the event, and three additional e-blasts were sent out following the event to encourage additional input from those who were unable to attend the open house. Notifications were posted to the project and City websites several weeks prior to the event.

GENERAL PLAN
UPDATE
The Uvlngston Community 11
Invited and Encour-a:ed to Participate
HELP SHAPE T. E ~UTURE OF LIVINGSTON
WHEN: Tuesday, Octoi..t 29, 2024
Tl ME: 6:30 P.M. • 7:30 P.M.

WHERE· Councll Chambers [iJ 663 Main St-I, Uvlngston .
, . .

I • I"• I I q • ., • t.:, 1
..
, I r"'" , I ••~ ' '" I •, "J.- .._ • J
Figure 1: Flyer advertising the
Alternatives Open House event
Community Feedback
-.1
•
... , ..
------
i..::::.

Figure 2: Sample poster from the Open House showing one of the proposed alternatives and its projected future impacts to the city.

Around 30 residents attended the open house. During the event, attendees provided the consultant team with verbal feedback on their preferred alternative(s). However, very little written feedback was provided by attendees, both during and following the open house; three worksheets were collected at the event, and one worksheet was submitted via email. The following section summarizes the verbal and written feedback provided by workshop attendees.

Alternative 1: Baseline
Feedback on alternative 1 was mixed. Those who responded positively to alternative 1 did not elaborate on their response, white those who responded that they somewhat dislike this alternative noted that the existing 1999 General Plan does not plan for enough density and that it is "time for a change." Alternative 2: Infill
Generally, attendees noted a preference for alternative 2. Those who noted a preference for this alternative appreciated the addition of a Mixed Use land use designation; however, some responses noted a desire to see this land use designation expanded upon, particularly outside of the downtown.

Alternative 3: Expansion
Most attendees noted a mild or strong dislike for alternative 3 (expansion). Multiple responses noted that this alternative would be improved upon through the addition of a Mixed Use land use designation. Other 296 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Plan update
Land Use Alternative Open House Summary
Tuesday, January 21, 2025
mintierharnish
p\anning conwlt.tn1~
responses noted that if the City were to consider expansion, the best place to expand would be to the north of the city limits, north of Highway 99 and Olive Street.

Other Feedback
Although most of the collected feedback focused on the various alternative options, some attendees noted other considerations and concerns that should be taken into account for the General Plan update.

One such consideration noted a need for improved active transportation systems throughout the city, including adding more bicycle lanes, adding a trolley or other public transportation system, and improved pedestrian infrastructure, such as pedestrian-accessible freeway overpasses. Another consideration was a need for smaller or alternative housing sizes, particularly if the City were to consider expansion in the future.

Next Steps
In the coming months, the consultant team and City staff will present the findings from the Land Use Alternatives Report and outreach at a Planning Commission study session. The Planning Commission study session is set to occur on Tuesday, February 11, 2025, starting at 7 p.m., where the Commission will review the Report, hear feedback from the public, and make a recommendation to the City Council on a preferred alternative. The City Council study session wilt be held three weeks later on Tuesday, March 4, 2025, starting at 6 p.m., where the Council will review the recommendation by the Planning Commission and decide on the City's preferred land use alternative. This decision will be used as a basis for the land use decisions in the General Plan Update.

Figure 4. City of Livingston Land Use Alternative 2 (Infill} -~
•
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297 of 371
mintierharnish
planning consultants

MEMORANDUM
TO: Miguel Galvez, Contract Planner, City of Livingston ATTACHMENT 4
1415 20'" STR.EET
SACRAMENTO, CALIFORNIA 95811
(916) 446-0522
FAX (916) 446-7520
[email protected]
www.mintierharish.com
Martha Abeloe, Senior Administrative Analyst, City of Livingston City of Livingston City Council
FROM:

CC:

DATE:

RE:

City of Livingston Planning Commission
Michael Gibbons, Project Manager I Mintier Harnish
Jim Harnish, Hannah Woolsey I Mintier Harnish
October 24, 2024
Alternative Land Use Preliminary Analysis
Introduction
Phase 5 of the General Plan Update project is dedicated to the analysis of land use and growth alternatives. The purpose of analyzing land use alternatives is to develop an updated land use diagram for the General Plan which reflects the community's vision for the next 20 years. The consultant team, in consultation with City staff, developed three alternative land use concepts (or "alternatives") to provide City decision makers and the community with a general understanding of the implications of different land use alternatives.

This memorandum provides a summary of the three proposed land use alternatives with different levels of development. Alternative 1 represents development based on the existing 1999 General Plan policies and land uses. Alternative 2 represents development with a focus on encouraging infill development, with potential to increase residential densities and building intensities in the existing City Limits. Finally, Alternative 3 represents expansion and a focus on annexing additional land into the city.

How Should this Memo be Used?
This memorandum presents a comparative analysis of the anticipated changes to jobs and housing capacity, and the built environment under each alternative. This analysis evaluates land use alternatives using indicators to help community members and decision-makers understand the implications of each alternative. Decisions about future land uses will influence how many people could live in the city and guide the location of jobs and businesses.

Decision-makers will weigh the costs and benefits of each alternative presented in this memorandum and select a "preferred land use alternative." The preferred land use alternative may be one of the three alternatives or a combination of features from each. The preferred land use alternative, along with citywide vision statement and guiding principles (prepared during Phase 4), will then guide the preparation of General Plan goals, policies, and implementation programs. 1 298 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Plan update
Land Use Alternative Analysis
Thursday, October 24, 2024
mintierharnish
The remainder of this memorandum presents the preliminary analysis of the developed land use alternative concepts to prompt feedback from the City staff, Planning Commission, and City Council.

Community Feedback and Key Topics
The three alternatives outlined in this memorandum were developed based on a set of key topics and concepts identified by the community during the early community engagement phases of the project.

These topics and concepts should be referenced when considering each proposed alternative. Topics and concepts can be considered in terms of how each alternative accommodates housing needs, economic development, job opportunities, and downtown revitalization, as well as parks, recreation, and walkability/bikeability.

Downtown/Commercial
• Revitalize Downtown • Increase economic vitality • Diversify businesses • Support the development of an ACE station in Downtown • Increase residential densities and building intensity • Create walkable/bikeable streets • Develop more public open space • Attract and incentivize local and regional business owners to locate in Livingston Housing
• Address existing capacity and projected needs • Create more housing capacity and opportunities for different housing types, including:
o Allow annexation of specific properties
o Increase residential densities
o Encourage mixed-use development
• Find a balance between preservation and revitalization • Create opportunities to develop missing middle housing, ADUs, and other innovative housing Employment
• Preserve and enhance existing industrial areas
• Encourage a variety of industrial land uses
• Capitalize on existing City assets
o Lower housing costs o Proximity to Highway 99
o Existing local industry
• Increase the opportunity for more higher-paying jobs
Parks, Recreation, and Walkability/Bikeability
• Enhance existing parks and recreation facilities • Introduce additional bike lanes and classifications around the city • Develop a sports facility that can support regional events • Create interconnected walking and biking paths for both new and existing development 2 299 of 371
Memorandum to the City of Livingston
City of Livingston Geneol Pion update
lond Use Alternative Analysis
Thursday, October 24, 2024
Focus Areas
mintierharnish
As outlined in the introduction of this memo, a key step in the General Plan Update process is to analyze various alternatives that will eventually lead to the selection of a "preferred land use alternative." A key step in creating the various alternatives is identifying areas in the community that are likely to change based on the needs and expectations of the community. In an alternatives process, these areas are referred to as "focus areas." Having focus areas is important because it narrows down where change would likely occur in the community and provides the City a starting point to develop policies to support the change.

Focus Areas Overview
A total of eight focus areas have been developed as a part of the Livingston alternatives process. These focus areas have the greatest potential for accommodating the combined housing needs, economic development, job opportunities, and downtown revitalization, as well as parks, recreation, and walkability/bikeability within Livingston over the planning period. The focus areas for the Livingston General Plan update are the same for all three alternatives, as identified in Figure 1. The subsequent pages describe each individual focus area and their potential development capacity. A variety of focus areas can be selected and incorporated into a growht management strategy that prioritizes investment of public and private improvements.

Figure 1. City of Livingston Land Use Alternative Focus Areas Livingston 2040 General Plan Update Alternatives: Land Use Alternative Focus Areas o---o•~---===i:·=· -=· ·=·~==~2• ,.,.. A
300 of 371
Memorondum to the City of Livingston
City of Livingston Gen ea/ Plan updo te
Land Use Alternotive Analysis
Thursday, October 24, 2024
Gallo West
mintierharnish
The Gallo West focus area is focated northwest of the city, outside of the city limits but within the sphere of influence. Currently, this area's main land uses include agrlculture and the Livingston Sewage Treatment facility. This focus area includes large parcels with few developed buildings, offering the potential for a variety of different development patterns.

Figure 2: Gallo West Focus Area
Livingston 2040 General Plan Update Alternatives: Gallo West Focus Area Vpc,/od. June ,e. 202•
4 301 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Plan update
Land Use Alternative Analysis
Thursday, October 24, 2024
Winton Exit
mi ntierharn ish
The Winton Exit focus area is located in the northwest portion of the city, adjacent to the Winton exit of Highway 99. Currently, this area's main land uses include commercial, retail uses, and residential uses south of Highway 99 and some industrial uses north of Highway 99. The vacant land in this focus area has the ability to accommodate residential and commercial developments to complement the existing development surrounding this focus area.

Figure 3: Winton Exit Focus Area
Livingston 2040 General Plan Update Alternatives: Winton Exit Focus Area 5 302 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Pion update
Land Use Alternative Analysis
Thursday, October 24, 2024
North Downtown
mintierharnish
Tl l "---j, '- ll1r•1.

The North Downtown focus area is located in the center of the city, immediately north of Highway 99.

Currently, this area's main land uses include residential, limited commercial/retail uses, and some vacant land. This area's key location around North Main Street and adjacent to Highway 99 could allow it to act as an extension of the southern portion of the downtown, potentially reflecting the southern downtown's General Plan land uses and zoning districts.

Figure 4: North Downtown Focus Area
Livingston 2040 General Plan Update Alternatives: North Downtown Focus Area Updated. Jun. t8. 202•
303 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Pion update
Land Use Alternative Analysis
Thursday, October 24, 2024
Downtown
mintierharnish
The Downtown focus area is located in the center of the city, immediately south of Highway 99.

Currently, this area's main land uses include commercial/retail uses, residential uses, and minimal vacant land. The density and existing uses in this area would support and compliment denser mixed-use developments. The proposed Ace Station is proposed between the existing railroad line and State Highway 99.

Figure 5: Downtown Focus Area
Livingston 2040 General Plan Update Alternatives: Downtown Focus Area :"I=:""'
7 304 of 371
Memorandum to the City of Livingston
City of Livingston Geneol Pion update
Land Use Alternative Analysis
Thursday, October 24, 2024
Hammatt Exit
mintierharnish
The Hammatt Exit focus area is located in the eastern portion of the city, immediately north of Highway

99. Currently, this area's main land uses include industrial uses, minimal commercial/retail uses, a preschool, and a sports complex, as well as vacant land. The vacant land in this focus area could accommodate highway commercial developments as well as future public facility uses.

Figure 6: Hammatt Exit Focus Area
Livingston 2040 General Plan Update Alternatives: Hammatt Exit Focus Area Updated. '""" 18. 2024
8 305 of 371
Memorandum to the City of Livingston
City of Livingston Geneol Pion update
Land Use Alternative Analysis
Thursday, October 24, 2024
Curtner Canal
mintierharnish
The Curtner Canal focus area is located in the southeastern portion of the city, immediately south of Highway 99. Currently, this area's main land uses include agriculture, two residences, and the Curtner irrigation canal. This focus area predominantly consists of a single large parcel with no developed buildings, offering the potential for a variety of different developments over the planning period. This area could continue to accommodate agricultural uses or portions could be designated for residential development.

Figure 7: Curtner Canal Focus Area
Livingston 2040 General Piao Update Alternatives: Curtner Canal Focus Area -----
·
-
9 306 of 371
Memorandum to the City of Livingston
City of Livingston Geneol Pion update
Land Use Alternative Analysis
Thursday, October 24, 2024
Peach and Main
mintierharnish
The Peach and Main focus area is rocated in the southern portion of the city, in the southwestern portion of the intersection of Peach Avenue and Main Street. Currently, this area's main land uses include residences, a grocery store, the Arena irrigation canal, and vacant land. The vacant and underutilized land in this focus area has great redevelopment potential for residential and mixed-use land uses.

Figure 8: Peach and Main Focus Area
Livingston 2040 General Plan Update Alternatives: Peach and Main Focus Area l!l'i=:::=:l~-::T
10 307 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Plan update
Land Use Alternative Analysis
Thursday, October 24, 2024
99 and Sultana
mintierharnish
J r v,•
The 99 and Sultana focus area is located southeast of both the city and the city's sphere of influence, but within the 2040 planning area. It includes the area around the Liberty Avenue exit of Highway 99 and the unincorporated community of Arena. Currently, this area's main land uses include residential and agricultural uses, including fields, orchards, and animal agriculture. The western portion of this focus area could accommodate various commercial developments.

Figure 9: 99 and Sultana Focus Area
Livingston 2040 General Plan Update Alternatives: 99 and Sultana Focus Area 11 308 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Plan update
Land Use Alternative Analysis
Thursday, October 24, 2024
Land Use Alternatives
mintierharnish
..l lttr, "q .I I h
This analysis evaluates three scenarios: 1. Baseline, 2. Infill, and 3. Expansion. In this section, we detail each scenario, outlining their respective land use designations, development standards, and allowed land uses. Table 1 offers a summary of these designations and their corresponding density/Floor Area Ratio (FAR) for each scenario. The primary distinctions among the scenarios are the maximum allowable density/FAR for comparable designations and the variations in permissible designations. ~
--.~Table l ; A'lteriiatives lM1d Use Df'slgnati~ -
• -•~~ I ~-,f.~c
-
~r•;-5&. ~-. • t. -~1ie -, 1
\ i~ ••• I
·~ ·• j { ' -- -- -
Residential
Low Density 0-7.5 du/ac - - Single-family and two-family dwellings Residential/Estate Estate Residential - 0-5.5 du/ac Single•family dwellings Low Density Residential - 5.6-7.5 du/ac Single-family and two-family dwellings

7.6-11.9 du/ac Single-family, two-family, and limited multi- Medium Density family dwellings High Density 12-29 du/ac Two-family and multi-family dwellings Mixed Use Mixed Use
12-40 du/ac Mixed-use development, multi-family
-
Max. LS FAR
- dwelling, office, retail, and personal service
establishments
Non-Resldential Neighborhood Smail-scale retail and personal service Commercial (C-1) Max 0.5 FAR establishments designed to integrate well into a traditional neighborhood context
Community Commercial Max 0.5 FAR Retail and personal service establishments (C-2) and small-scale commercial centers Downtown Commercial Max 1.0 FAR Max. 1.5 FAR Mixed-use development, office, retail, and (DTC) . personal service establishments Service Commercial (C-3) Max 0.3 FAR Retail, personal service establishments, large-scale office, and limited light industrial
Highway Commercial Max 0.3 FAR Retail, personal service establishments, (C-3) large-scale office, and limited light industrial Limited Industrial (m-1) Max 0.3 FAR Light industrial, research and development, and low-intensity warehouses
General Industrial (m-2) Max0.3 FAR Heavv industrial and manufacturing Public Facility (PF) Max 1.0 FAR Institutional, schools, hospitals, and various public facilities
Park/Open Space N/A Open space and parks
Commercial Reserve N/A - - N/A
Public Facility Reserve N/A - - N/A
Industrial Reserve N/A - - N/A
Urban Reserve N/A Agricultural
Specific Plan . . N/A Determined by Specific Plan proposal

12. 309 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Plan update
Land Use Alternative Analysis
Thursday, October 24, 2024
mintierharnish .,i;,,,i, ,,r,.,J(r,.i.-,..,h.-.•• 1
Each of the three scenarios are inclusive of all 2023-2031 Housing Element inventory sites, including their proposed zoning, to ensure that this analysis is consistent with the City's Regional Housing Needs Accommodation for the 2024-2032 planning period. See Table 2 below for a full list of Livingston's sites inventory.

Site
Address or
Street
1137
Livingston
Cressey Rd
Prusso and
F St
719 7th St
2036 W D St
2036 ED St
N DSt
2042 D St
1816 D St
SD St
APN
I 024011012 I
024162011
024184001
024191005
024191006
024191010
024191039
024184031
024191011
Acres

0.41 I

0.27 0.18

0.16 0.19

0.18 0.35
050

0.52 Land
Use
MD
MD
HD
HD
HD
HD
HD
HD
HD
Zoning
I R-2 I
R-2
R•3
R-3
R-3
R-3
R-3
R-3
R-3
Table 2: Livingston Site Inventory - Opportunity Sites
2024-2032 City of Livingston Housing Element
Current
Use
Vacant
Vacant
Vacant
Vacant
Vacant
Vacant
Vacant
Vacant
Vacant
I
Minimum
Density

7.6 7,6
12 12
12 12
12 12
12 I
13 ■ 11.9 I
11,9
29 29
29 29
29 29
29 lowerIncome
Capacity
0 0
0 0
0 0
0 10
11 I
ModerateIncome
Capacity
0 0
4 3
4 4
7 0
0 I
■■ . .
. . .
.
3 I 3
2 2
0 4
0 3
0 4
0 4
0 7
0 10
0 11
.. .... ~_;.

I
-
High Resource
Highest
Resource
Moderate
Resource
Moderate
Resource
Moderate
Resource
Moderate
Resource
Moderate
Resource
Moderate
Resource
Moderate
Resource
310 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Pion update
Lond Use Alternative Analysis
Thursday, October 24, 2024
mintierharnish 11--,~;H11t,.,,um
Table 2: Livingston Site Inventory- Opportunity Sites
2024-2032 City of Livingston Housing Element
•Above Moderate1 -· - Moderate: • - Total
IM&fM ~----S•i_t_e _____________ L_a_n_d~---. -~--C-u-rr;:n:t -, - Minimum I Maximum I LowerAddress or APN Acres U Zoning u D . D . Income S se se ensIty ensIty C . treet apacIty nco~e '. Capacity Capacity, • 1 $. .. ..-,. ,r,_ ~ . - . .
833 8th St I 024191036 I 0.95 I HD I R-3 I Vacant I 12 I 29 I 19 I 0 I 0 I 19 I Moderate Resource
1225 B St 024113007 0.15 DC DTC Vacant 0 29 0 2 0 2 Highest Resource
C St 024153003 0.26 DC DTC Vacant 0 29 0 4 0 4 Moderate Resource
824 Main St 024171011 0.18 DC DTC Vacant 0 29 0 3 0 3 Highest Resource
1319 F St 024171016 0.29 DC OTC Vacant 0 29 0 4 0 4 Highest I I I I I I I 1
Resource
Total 40 34 2 77
Livingston Total 40 34 5 80
14 311 of 371
Memorondum to the City of Livingston
City of Livingston Geneal Plan update
Land Use Alternative Analysis
Thursday, October 24, 2024
Alternative 1: Baseline
mintierharnish
rlJ1 , ...-"', :1~ ~, ,~h
Alternative 1 is a baseline alternative. This alternative proposes no changes to the existing General Plan land uses, the City Limits, or the SOI. Existing General Plan policies would be revised and updated to address changes in State law. land use designations, development standards, and zoning would remain unchanged; however, this baseline alternative does include all rezones proposed in the 2024-2032 Housing Element sites inventory. This alternative is important to analyze as a point of comparison to the other alternatives and represents what the city will look and feel like if the existing General Plan land uses were carried forward to the year 2040.

RESIDENTS= 17,531
JOBS= 5,671
15 SINGLE FAMILY UNITS= 3,581
MULTI-FAMILY UNITS=
1,733
312 of 371
Memorandum to the City of Livingston
City of Livingston Geneol Pion update
Land Use Alternative Analysis
Thursday, October 24, 2024
m intierharnish - ••~ ;_j ftJI ! " .. •fll ~
Livingston 2040 General Plan Update Alternatives: Alternative 1 (Baseline) I .?'&,ex,,,
!
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•
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05 High ~nslty Re,idtnbaJ NtlQtf)OmOOd COn111'1erGIAI
• tl1ghw'ay COmmerc1cU ~ P,.:111(/0c)en Spc1u
inaus.ttial R~St.-r\'~ 1111 PuDlt< f'#tCIIII)
l1nuled!tldu$IUt11I f2Sa Publl( F,K1l11; f~t"lj,~VC'
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313 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Pion update
Land Use Alternative Analysis
Thursday, October 24, 2024
- -- - - -- - ----
Alternative 2: Infill
mintierharnish
Jt l"J . I \"'!h
Alternative 2 is an infill alternative that focuses on existing vacant and underutilized land in the city for development. Alternative 2 includes all rezones proposed in the 2024-2032 Housing Element sites inventory, Proposed development in Alternative 2 would rely on the city's existing infrastructure and concentrates on increasing development intensities (housing density and/or building intensity) to increase capacity of the existing developed areas. Alternative 2 does not propose any city expansion or annexation of land and assumes there will be no development beyond the city's existing sphere of influence within the 2040 planning horizon. Alternative 2 places an emphasis on enhancing the existing city fabric, expanding walking, and biking facilities, increasing opportunities for recreation, and the revitalization of downtown. Major features of Alternative 2 include:
• Creation of an agriculture land use designation for existing agricultural areas within the SOI. No conversion of existing farmland in the SOI is proposed in this alternative. • Replaces the Downtown Commercial land use designation with a Mixed-Use designation, which allows high density residential development (12-40 dwelling units per acre, with a maximum FAR of 1.5).
• Creation of a separate Estate Residential land use designation for residential areas at the urban fringe. This land use designation is currently a sub-category of Low Density Residential.
• Groups all existing Reserve land use designations into a single Urban Reserve designation.

RESIDENTS= 21,134
+ 3,603 from Baseline
- 9,492 from Alternative 3: Expansion
JOBS = 18,667
+ 12,996 f rom Baseline
- 295 from Alternative 3: Expansion
17 SINGLE FAMILY UNITS= 4,155
+ 574 f rom /3aseline
- 3,312 from Alternative 3: Expansion
MULTI-FAMILY UNITS= 3,366
+ 1,633 from Baseline
1,392 from Alternative 3: Expansion
314 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Plan update
land Use Alternative Analysis
Thursday, October 24, 2024
mintierharnish 111 1r1•u~ . .A""\u4,l111
Livingston 2040 General Plan Update Alternatives: Alternative 2 {Infill) LI- --,-,_,,,.. ~ i: ..
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... ,,.'" . 1, .. ,., t- F--o<:l,f6ArNs. Land Use De11gnations L, Sphere or lnl!OE1oce ~ A.grW:Ult\l'e
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315 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Plan update
Land Use Alternative Analysis
Thursday, October 24, 2024
Alternative 3: Expansion
mintierharnish
Alternative 3 is an expansion alternative that proposes the annexation of key areas on the urban fringe into the city limits. Alternative 3 includes all rezones proposed in the 2024-2032 Housing Element sites inventory, Under Alternative 3, expansion will likely require the construction of additional infrastructure for undeveloped and underdeveloped areas to accommodate new development. Unlike Alternative 2, this alternative proposes converting existing agricultural land to urban uses (e.g., commercial, residential, industrial). Alternative 3 places an emphasis on creating opportunities for a variety of housing types and encourages the expansion of employment-based land uses. Major features of Alternative 3 include:
• Annexing key areas currently outside the city limits. • Conversion of surrounding agriculture to urban uses.
• Creation of a separate Estate Residential land use designation for residential areas at the urban fringe. This land use designation is currently a sub-category of Low Density Residential.
• Groups all existing Reserve land use designations into a single Urban Reserve designation.
• Increase the maximum FAR in downtown from 1.0 to 1.5.

RESIDENTS;;; 30,626
+ 13,095 from Baseline
+ 9,492 from Alternative 2: Infill
JOBS = 18,962
+ 13,291 from Baseline
+ 295 fro m Alternative 2· Infill

1.9 SINGLE FAMILY UNITS= 7,467
+ 3,886 from Baseline
+ 3,312 f ram Alternative 2: Infill
MULTI-FAMILY UNITS= 4,758
+ 3,025 f ram Baseline
+ 1,392 from Alternative 2: Infill
316 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Plan update
Land Use Alternative Analysis
Thursday, October 24, 2024
mintierharnish
Livingston 2040 General Plan Update Alternatives: Alternative 3 (Expansion) ~
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317 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Plan update
Land Use Alternative Analysis
Thursday, October 24, 2024
Summary Results
Methodology
mintierharnish
pl1nn. '} . l..,f.l\
The consultant team used Urban Footprint to model Livingston's three land use alternatives. Urban Footprint uses a curated, enriched dataset of existing land uses in the United States to calculate the insights and implications of different theoretical models of planning areas. The program looks at several topics, including general city statistics, land consumption, energy use, water use, pedestrian accessibility, transit accessibility, transportation, emissions, household costs, and risk and resilience. The following analysis uses the data provided by Urban Footprint to form an understanding of the advantages and disadvantages of each alternative to give decision makers an understanding of the implications of selecting one alternative over another. Often time, this process results in a City Council selecting a hybrid alternative, selecting the best features of each alternative.

Summary of Metrics
Table 3 provides a summary of the overall comparative metrics between the three land use alternatives. ~
-- - - - --- ~Table3:S-ummaryofMetrics{~-~-:1~;~~~
~.::z:ii~•~ii¥,,b1:_:_. r .. _:.,__ ....... , ... -,-~~ - r-
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-
\ Alternative 1: Alternative 2: r7 ;~ IJ_e!~}!!ive 3: i '<I• l :,_· ~~tric Baseline Infill i ~._.__ Expansion ·- ' -~-J 67% Single Family
Range of Housing Types
5S% Single Family 61% Single Family
33% Multi-Family 45% Multi-Family 39% Multi-Family
Net New Dwelling Units + 1,138 + 2,207 + 6,911 Employment Capacity 5,671 18,667 18,962 Population 17,53f 21,134 30,626 Total Consumed Land at + 01
+ 353 + 1,282 Buildout (acres)
New housing unit capacity per 27.8 5.6 5.2
acres consumed
New jobs capacity per acres 6.2 33.0 10.1 consumed)
/JI Total consumed land is more thon zero due accounting for 2024-2032 Housing Element Sites Inventory Evaluation of Metrics
Range of Housing
As of 2024, single family homes consist of a large portion of Livingston's housing inventory, significantly outnumbering multi-family units. Under the baseline scenario, the city has or has planned for about 5,314 dwelling units, with around 67 percent being single family homes and approximately 33 percent being multi-family residences. Both Alternatives 1 and 2 propose increasing the city's housing capacity beyond the baseline. They accommodate a mix of housing types, including both single-family and multifamily units. This increase is driven by the reclassification of certain parcels within the planning area to residential land uses, which support higher densities than those permitted under the current General Plan.
21 318 of 371
Memorandum to the CJty of Livingston
City of Livingston Geneol Pion update
Land Use Alternative Analysis
Thursday, October 24, 2024
mintierharnish
Alternative 3 offers the highest potential for adding new housing units. This is largely because it refines General Plan land uses to indude more residential developments and incorporates the conversion of existing agricultural land into residential use. In comparison, Alternative 2 increases residential capacity over the baseline but does not match the higher capacity of Alternative 3. This is because Alternative 2 focuses solely on infill development within existing urban areas, maintaining all current agricultural land for continued agricultural use
Range of Housing Types
67% Single Family 55% Single Family 61% Single Family
33% Multi-Family 45% Multi-Family 39% Multi-Family
Number of Single Family 3,581 4,155 7,467 Dwelling Units Number of Multi-family Dwelling 1,733 3,366 4,758 Units
Total Dwelling Units 5,314 7,521 12,225
Housing Accessibility and Affordability
Livingston was assigned a Regional Housing Needs Allocation (RHNA) for the period from 2023 to 2032, detailed in Table 6. This allocation mandates the city must plan for the development of 1,097 new dwelling units during the 6th Cycle RHNA. All proposed alternatives exceed this requirement significantly, ensuring ample capacity for housing growth.

Specifically, Alternatives 2 and 3 offer a range of housing options, including both single-family and multifamily units. This variety in housing types not only meets the immediate needs but also positions the city to better accommodate diverse future demands.

Although the RHNA only projects out to 2032, the planning horizon for the General Plan extends to 2040. The substantial excess housing capacity provided by Alternatives 2 and 3 ensures that Livingston will be well-prepared for the 7th Cycle RHNA as well. This proactive approach supports the city's longterm growth and housing strategy, aligning with both current and future residential needs. r- - Table 5: livingstori°'6th Cycle {2023 - 2032) RHNA Allocation by Income level - - - ' : RHNA Very Low - Low - Moderate Above Total RHNA '
' . . . - . . '
22 319 of 371
Memorandum to the City of Livingston
City of Livingston Geneol Plan update
Land Use Alternative Analysis
Thursday, October 24, 2024
mi ntierha rn ish
-----------
~1 Table 6: Housing Accessibility Alternative 1: Alternative 2: , Alternative 3:
- Baseline1 Infill Expansion
Net New Single Family Dwelling
Units
Net New Multi-family Dwelling
Units
Net New Total Dwelling Units
+ 176
+ 962
+ 1,138
+ 574 + 3,886
+ 1,633 + 3,02S
+ 2,207 +6,911
fl! Net new units are more than zero due accounting for 2024-2032 Housing Element Sites Inventory Consistent development of new housing can help keep housing costs affordable for residents by ensuring that the supply meets demand. Both Alternatives 2 and 3, with their significantly increased housing capacity, would likely ensure not only an adequate supply of housing but also help maintain affordable housing costs.

In addition to the overall cost of housing, which includes mortgage and rent, the affordability for residents is also influenced by residential water and energy usage costs. Alternative 3 offers the lowest annual average residential water cost per unit at $620, compared to $814 for Alternative 1 and $711 for Alternative 2. Similarly, Alternative 3 provides the lowest annual average residential energy cost per unit at $1,684, compared to $1,846 for Alternative 1 and $1,701 for Alternative 2.

It is important to note, however, that despite the lower per-unit costs in certain scenarios, the overall citywide annual residential water and energy costs increase under both Alternatives 2 and 3. This increase is due to the overall rise in the number of housing units in these scenarios, reflecting the broader scale of development.
-
-
Table 7: Housing Utility Affordability
- -
. -.--
-
, ..

Alternative 1: Alternative 2: Alternative 3:

Metric Baseline Infill Expansion
Annual Residential Water Costs $4,325,000 $5,349,000 $7,588,000 Annual Average Residential $814 $711 $620 Water Costs Per Unit I I
Annual Residential Energy Costs $9,812,000 $12,792,000 I $20,595,000 Annual Average Residential $1,846 $1,701 $1,684 Energy Costs Per Unit 23 320 of 371
Memorandum to the City of Livingston
City of Livingston Geneol Plan update
Land Use Alternative Analysis
Thursday, October 24, 2024
Land Use Efficiency
mintierharnish
......... , .. , ..

Land Use Efficiency measures how effectively development capacity can be expanded while minimizing the use of urban and greenfield land. Alternative 2 demonstrates higher efficiency in land consumption, averaging approximately six new housing units and 33 new jobs per acre, compared to Alternative 3, which averages about five new housing units and 10 new jobs per acre.

Although Alternative 2 offers less overall capacity for new housing units compared to Alternative 3, both alternatives provide similar capacity for new employment. Alternative 2 achieves greater land use efficiency by focusing on infill devel.opment to increase capacity, whereas Alternative 3 involves expanding development beyond city limits, potentially leading to more sprawl. -
,-,._;,-Jable8: LandUseEffic-~~~
_;;~ '!... .. ~'r. • -.~.
~
,,.,,~ -~•'' ;··:-.·· Alternative 1: Alternative 2: I Alternative -3·: - Baseline1 Infill I
. .:.,u.__jj I I
Total Consumed Land at 41 394 Buildout (acres)
Net New Dwelling Units + 1,138 + 2,207 Net New Employment + 253 + 12,996 Land Use Efficiency (new housing unit capacity per acres 27.8 5.6
consumed)
Land Use Efficiency (new jobs
cap~city per acres consumed)
6,2 33.0
' 11 Metrics are more than zero due accounting for 2024-2032 Housing Element Sites Inventory Nonresidential Development and Employment Capacity
Expansion
1,323
+6,911
+ 13,291

5.2 10.1
This metric assesses the anticipated number of new jobs each alternative can support under full buildout, assuming all designated employment lands are fully developed or redeveloped. Alternative 2 forecasts a net increase of 12,996 new jobs, which is comparable to Alternative 3's projection of .
13,291 new jobs. Despite accommodating similar capacities for new employment, Alternative 2 achieves this with development planned on approximately 46 acres of retail, office, and industrial space. In coritrast, Alternative 3 requires around 171 acres of new employment buildings.

Alternative 2 introduces a new Mixed Use land designation that allows diverse developments, including multi-family residences, offices, retail outlets, and personal service establishments, with a maximum FAR of 1.5 and between 12 to 40 dwelling units per acre. Significant portions of the Downtown focus area and various smaller parcels throughout the city are redesignated as Mixed Use under Alternative 2.

In Alternative 3, many parcels are repurposed for industrial use in the northern and southeastern parts of the city, with a substantial area designated as Service Commercial in the southeast.

Across all alternatives, including the baseline, there is a consistent distribution of retail, office, and industrial building areas, comprising 37 percent to 38 percent retail, 22 percent to 26 percent office, and 36 percent to 40 percent industrial areas. Notably, Alternative 3 increases the FAR of the Downtown Commercial designation from 1.0 to 1.5, enhancing capacity for higher-density developments. 24 321 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Plan update
Land Use Alternative Analysis
Thursday, October 24, 2024
mi ntierha rn ish
Table 9: Nonresidential Development and Employment Capacity ~
---~ - ~-- -..---c~ Alternative 1: Alternative 2: I Alternative 3: p•"4.s;-.•. W Metric · '---:: \., -··, 1'.'. Baseline Infill l Expansion :4i..~~~~- Employment Capacity 5,671 18,667 18,962
Total Retail, Office, and 49.9 96.3 220.7 Industrial Building Area (acres) Net New Employment + 253 + 12,996 + 13,291 Net New Retail, Office, and +2.9 + 46.4 + 170.8 Industrial Building Area (acres) Trip Generation Analysis
Creating capacity for new land uses can also significantly influence daily trips generated, vehicle miles traveled, and greenhouse gas emissions within the Livingston 2040 Planning Area. Alternative 3 experienced the largest increase in total annual vehicle trips and annual vehicle miles traveled compared to Alternatives 1 and 2. Particularly noteworthy is the substantial increase in annual vehicle miles traveled in Alternative 3, which exceeded double that of Alternatives 1 and 2. Similarly, Alternative 3 exhibited over double the amount of annual passenger vehicle greenhouse gas (GHG) emissions compared to Alternatives 1 and 2.

This trend can be attributed to Alternative 3's designation of a large land area to the northwest of the city as "Specific Plan," which significantly enhances development capacity. However, this expansion would place new developments farther from existing developed areas of the city, leading to increased demand for passenger vehicle trips. I
-
r·.: · • Table -io: TripGeneration~- • . . -
r ' - Alternative 1: Alternative 2: . Alternative 3:

I Metric Baseline Infill i Expansion I ' t
Total Annual Vehicle Trips 19.822 45.671 67.279 (millions) Annual Vehicle Miles Travelled
(passenger vehicles in millions of 73.774 86.526 199.291 miles travelled)
Annual Passenger Vehicle GHG
Emissions (metric tons of COz 29,843 35,001 80,617
equivalent)
2S
322 of 371
Memorandum to the City of Livingston
City of Livingston Geneal Plan update
Land Use Alternative Analysis
Thursday, October 24, 2024
Appendix: Full Alternatives Analysis Results
26 mintierharnish
323 of 371
Livingston Land Use Alternatives Scenarios: Summary Statistics Report Population, people
Population Housing, dwelling units Dwelling Units
Households, households
Households
Jobs, jobs
Employment Housing by Type, dwelling units
Large Lot Detached Single-Family Dwelling Units
Small Lot Detached Single-Family Dwelling Units
Attached Single-Family Dwelling Units (Townhomes)
All Multifamily Dwelling Units
Total
Jobs by Sector, jobs
All Retail Employment All Office Employment All Public Employment All Industrial Employment
All Agriculture Employment
Military Employment
Total
Building Area: Residential, square feet (millions)
Large Lot Detached Single-Family Building Area
Small Lot Detached Single-Family Building Area
Attached Single-Family Building Area
Multifamily Building Area
Total
Building Area: Retail, square feet (millions) Retail Services Building Area Restaurants Building Area Arts & Entertainment Building Area Accommodation Building Area Other Retail Building Area
Total
Building Area: Office, square feet (millions)
Office Services Building Area
Base Scenario Alternative 2: Infill Alternative 3: Expansion 17,531.06 21,134.01 30,625.67
Base Scenario Alternative 2: Infill Alternative 3: Expansion 5,314.45 7,521.29 12,224.90
Base Scenario Alternative 2: Infill Alternative 3: Expansion 5,079.37 7,156.51 11,572.93
Base Scenario Alternative 2: Infill Alternative 3: Expansion 5,671.38 18,666.73 18,961.60
Base Scenario Alternative 2: Infill Alternative 3: Expansion 2,933.27 3,547.33 5,653.98
463.00 456.00 463.00
185.06 151.80 1,349.51
1,733.12 3,366.16 4,758.41
5,314.45 7,521.29 12,224.90
Base Scenario Alternative 2: Infill Alternative 3: Expansion 914.33 2,653.32 4,853.65 956.05 2,201.76 7,059.37
591.00 10,218.00 1,958.23
3,013.00 3,531.65 4,938.36
197.00 62.00 152.00
5,671.38 18,666.73 18,961.60
Base Scenario Alternative 2: Infill Alternative 3: Expansion Base Scenario

4.98 7.70 15.81

0.46 0.46 0.46

0.35 0.28 2.53

1.63 7.41

3.51 11.96

5.35 2415
Alternative 2: Infill Alternative 3: Expansion

0.26 0.55 1.54
~ll ~M ~3

0.00 0.30

0.11 0.81
o.os 0.33 0.35

1.61 0.48

0.32 0.61

3.58 Base Scenario Alternative 2: Infill Alternative 3: Expansion

0.19 0.63 2.20
324 of 371
Medical Services Building Area
Total
Building Area: Public, square feet (millions)
Public Administration Building Area
Education Building Area
Total
Building Area: Industrial, square feet (millions)
Transportation/Warehouse Building Area
Wholesale Building Area
Total
Base Scenario Base Scenario

0.31 0.50

0.31 0.94

0.34 2.54
Alternative 2: Infill Alternative 3: Expansion
0 .08 2.99 0.49 o.so 0.58

1.14 4.14

0.59 1.09
Alternative 2: Infill Alternative 3: Expansion

0.86 1.53 3.05 0.00 0.86

0.11 1.65

0.44 3.50
325 of 371
Livingston Land Use Alternatives Scenarios: Land Consumption Report Total land Consumed, acres
Base Scenario Alternative 2: Infill Alternative 3: Expansion Urban Vacant Land Consumed 2.95 42.91 73.50 Urban Redevelopment Land Consumed 12.85 60.30 110.49 Agricultural Land Consumed 24.70 254.20 1,060.10
Woodland
Other Greenfield Land Consumed 0.15 36.37 79.21
Total 40.65 393.78 1,323.29
Urban Land Consumed, acres
Base Scenario Alternative 2: Infill Alternative 3: Expansion Urban Vacant Land Consumed 2.95 42.91 73.50 Urban Redevelopment Land Consumed 12.85 60.30 110.49 Total 15.80 103.21 183.99
Greenfield Land Consumed, acres
Base Scenario Alternative 2: Infill Alternative 3: Expansion Agricultural Land Consumed 24.70 254.20 1,060.10
Woodland
Other Greenfield Land Consumed 0.15 36.37 79.21
Total 24.85 290.57 1,139.31
326 of 371
Livingston Land Use Alternatives Scenarios: Energy Use Report Total Annual Energy Use, british thermal units/ year (billions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Residential Energy Use 352.53 460.82 739.32
Commercial Energy Use
Total
235.81
588.34
628.51
1089.33
900.17
1639.49
Annual Electricity Use, kilowatt-hours/ year (millions) Residential Electricity Use
Commercial Electricity Use
Total
Base Scenario Alternative 2: Infill Alternative 3: Expansion

39.20 50.99 82.32

45.52 84.72
122.19 173.18
180.02
262.34
Annual Gas Use, therms/ year (millions)
Residential Natural Gas Use
Commercial Natural Gas Use
Total
Base Scenario Alternative 2: Infill Alternative 3: Expansion

2.19 2.87 4.59

0.81 2.12 2.86

2.99 4.99 7.45
Per Household Annual Energy Use, british thermal units/ household/ year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Residential Energy Use per Household 69.40 64.39 63.88
Annual Residential Energy Costs, dollars/ year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Residential Energy Cost 9.81 12.79 20.60
Annual Building Energy GHG Emissions, metric_ton / year Base Scenario Alternative 2: Infill Alternative 3: Expansion Total Building Energy GHG Emissions 33,509.46 62,416.33 93,978.66 327 of 371
Livingston Land Use Alternatives Scenarios: Water Use Report Total Annual Water Use, gallons/ year (millions)
Residential Water Use
Commercial Water Use
Total
Base Scenario Alternative 2: Infill Alternative 3: Expansion 558.53 690.79 979.95
356.52
915.05
928.94
1619.73
719.62
1699.57
Annual Indoor Water Use, gallons/ year {millions)
Residential Water Indoor Use
Commercial Water Indoor Use
Total
Base Scenario
335.21 342.55
677.76
Alternative 2: Infill Alternative 3: Expansion
398.59 572.03
540.82 579.34
939.41 1151.38
Annual Outdoor Water Use, gallons / year (millions)
Residential Water Outdoor Use
Commercial Water Outdoor Use
Total
Base Scenario
223.32

13.97 237.29
Alternative 2: Infill Alternative 3: Expansion
292.20 407.92
388.12 140.27
680.32 548.19
Annual Residential Water Use, gallons/ year (millions)
Residential Water Indoor Use Residential Water Outdoor Use Total
Base Scenario Alternative 2: Infill Alternative 3: Expansion 335.21 398.59 572.03
223.32
558.53
292.20
690.79
407.92
979.95
Annual Commercial Water Use, gallons/ year (millions)
Commercial Water Indoor Use Commercial Water Outdoor Use Total
Base Scenario
342.55

13.97 356.52
Alternative 2: Infill Alternative 3: Expansion
540.82 579.34
388.12 140.27
928.94 719.62
Per Capita Annual Residential Water Use, gallons / person/ year Base Scenario Alternative 2: Infill
Residential Water Use per Capita 31,859.42 32,686.23
Per Household Annual Residential Water Use, gallons/ person/ year Residential Indoor Water Use per Household
Residential Outdoor Water Use per Household
Total
Base Scenario Alternative 2: Infill
65,994.40 55,696.55
43,966.09 40,829.67
109,960.49 96,526.22
Alternative 3: Expansion
31,997.63
Alternative 3: Expansion
49,428.47
35,247.51
84,675.99
328 of 371
Livingston Land Use Alternatives Scenarios: Walk Accessibility Report Parks Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within 10 minutes 94% 90% 72%
Schools Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within 15 minutes 83% 86% 61%
Hospitals Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within 20 minutes 55% 59% 37%
Custom POI #1: Custom POI #1 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within 20 minutes 0% 0% 0%
Custom POI #2: Custom POI #2 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within 20 minutes 0% 0% 0%
Custom POI #3: Custom POI #3 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within 20 minutes 0% 0% 0%
Transit Access: All Stops
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within S minutes 33% 37% 25%
Transit Access: High-Quality Stops
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within 5 minutes 0% 0% 0% Retail Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within 10 minutes 30% 51% 23%
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Livingston land Use Alternatives Scenarios: Transit Accessibility Report Parks Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within 10 minutes 94% 90% 72%
Schools Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within 20 minutes 89% 90% 74%
Hospitals Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within 30 minutes 84% 86% 56%
Custom POI #1: Custom POI #1 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within 30 minutes 0% 0% 0%
Custom POI #2: Custom POI #2 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within 30 minutes 0% 0% 0%
Custom POI #3: Custom POI #3 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within 30 minutes 0% 0% 0% Reta ii Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Percent within 10 minutes 30% 51% 23%
Employment Access: 10+ Percent
Base Scenario Alternative 2: Infill Alternative 3: Expansion 10+% of jobs within 30 minutes 98% 97% 98%
Employment Access: 25+ Percent
Base Scenario Alternative 2: Infill Alternative 3: Expansion 25+% of jobs within 30 minutes 86% 67% 46%
Employment Access: 50+ Percent
Base Scenario Alternative 2: Infill Alternative 3: Expansion 50+% of jobs within 30 minutes 56% 22% 2%
330 of 371
Livingston Land Use Alternatives Scenarios: Transportation Report Annual VMT, miles/ year (millions)
Base Scenario Alternative Z: Infill Alternative 3: Expansion Annual Total VMT 73.77 86.53 199.29
Per Capita Annual Residential VMT, miles/ year/ person
Base Scenario Alternative 2: Infill Alternative 3: Expansion Average Annual Residential VMT per Capita 3,895.01 3,201.12 4,905.09 Per Household Annual Residential VMT, miles / year/ household Average Annual Residential VMT per Household
Travel Mode Share
Auto
Transit
Walk or Bike
Total
MXD Total Vehicle Trips Daily, trips/ day
Daily MXD Total Vehicle Trips
MXD Total Vehicle Trips Annual, trips/ year (millions)
Annual MXO Total Vehicle Trips
MXD Vehicle Trips Daily Per Capita, trips/ day/ person
Average Daily MXD Vehicle Trips per Capita
Base Scenario Alternative 2: Infill Alternative 3: Expansion 13,443.34 9,452.05 12,980.43
Base Scenario Alternative 2: Infill Alternative 3: Expansion 84% 86% 91%
2%
14%
100%
3%
11%
100%
Base Scenario Alternative 2: Infill
56,634.76 130,489.69
2%
7%
100%
Alternative 3: Expansion
192,226.67
Base Scenario Alternative 2: Infill Alternative 3: Expansion

19.82 45.67 67.28
Base Scenario Alternative 2: Infill Alternative 3: Expansion

1.47 1.44 1.91
MXD Vehicle Trips Daily Per Household, trips/ day/ household Base Scenario Alternative 2: Infill Alternative 3: Expansion Average Daily MXD Vehicle Trips per House-hold 5.07 4.26 5.05 MXD Vehicle Trips Annual Per Capita, trips/ year/ person Base Scenario Alternative 2: Infill Alternative 3: Expansion Average Annual MXD Vehicle Trips per Capita 513.98 504.37 667.S9 MXD Vehicle Trips Annual Per Household, trips/ year/ household Base Scenario Alternative 2: Infill Alternative 3: Expansion Average Annual MXD Vehicle Trips per Household 1,773.96 1,489.30 1,766.66 Annual Passenger Vehicle Pollutant Emissions by Type, metric tons/ year Base Scenario Alternative 2: Infill Alternative 3: Expansion Annual NOx emissions 13.76 16.14 37.16
Annual PM 10 emissions 3.49 4.09 9.42
Annual PM2.5 emissions 1.48 1.74 4.00
Annual SOx emissions 0.29 0.33 0.77
Annual CO emissions 131.49 154.21 35S.19
Annual ROG/VOC emissioos 15.97 18.74 43.15
Total 166.47 195.24 449.70
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Annual Passenger Vehicle GHG Emissions, metric tons/ year Base Scenario Alternative 2: Infill Alternative 3: Expansion Annual passenger vehicle emissions 29,842.96 35,001.33 80,616,88 Annual Passenger Vehicle Costs, dollars/ year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Transportation Cost 82.05 55.02 121.43
Per Household Annual Auto Costs by Type, dollars/ household/ year Auto Auto Fuel Costs per Household Auto Ownership and Maintenance Costs per Household Total
Base Scenario
3,294.49
12,858.80 16,153.29
Alternative 2: Infill
1,568.06
6,120.32
7,688.37
Alternative 3: Expansion
2,139.95
8,352.48
10,492.42
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Livingston land Use Alternatives Scenarios: Emissions Report Annual GHG Emissions by Source Annual passenger vehicle emissions Total Building Energy GHG Emissions
Total Water GHG Emissions
Total
Base Scenario
29,842.96
33,509.46
926.37
64,278.79
Annual Passenger Vehicle GHG Emissions, metric tons/ year Alternative 2: Infill
35,001.33 62,416.33
1,537.33
98,954.99
Base Scenario Alternative 2: Infill
Annual passenger vehicle emissions 29,842.96 35,001.33 Annual Building Energy GHG Emissions, metrlc ton/ year Alternative 3: Expansion
80,616.88
93,978.66
1,678.30
176,273.84
Alternative 3: Expansion
80,616.88
Base Scenario Alternative 2: Infill Alternative 3: Expansion Total Building Energy GHG Emissions 33,509.46 62,416.33 93,978.66 Annual Water Energy GHG Emissions, metric_ton / year
Base Scenario Alternative 2: Infill Alternative 3: Expansion Total Water GHG Emissions 926.37 1,537.33 1,678.30
Per Household Annual GHG Emissions by Source, metric tons Annual passenger vehicle emissions per household Annual building energy emissions per household Annual water-energy emissions per household
Total
Base Scenario Alternative 2: Infill

5.44 3.82

3.90 3.62

0.11 9.44

0.09 7.53
Annual Passenger Vehicle Pollutant Emissions by Type, metric tons/ year Base Scenario Alternative 2: Infill
Annual NOx emissions 13.76 16.14 Annual PMlO emissions
Annual PM2.5 emissions Annual SOx emissions
Annual CO emii;i;ions
Annual ROG/VOC emissions
Total

3.49 1.48

0.29 131.49

15.97 166.47

4.09 1.74

0.33 154.21

18.74 195.24
Alternative 3: Expansion

5.25 3.59

0.08 8.92
Alternative 3: Expansion

37.16 9.42

4.00 0.77
3SS.19

43.15 449.70
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Livingston Land Use Alternatives Scenarios: Household Costs Report Annual Residential Water Costs, dollars/ year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Residential Water Con 4.32 5.35 7.59
Annual Residential Energy Costs, dollars/ year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion R1?-1idential Energy Cost 9.81 12. 79 20.60
Annual Passenger Vehicle Costs, dollars/ year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Tr·,insportation Cost 82.0S 55.02 121.43
Per Household Annual Auto and Utility Costs, dollars/ household/ year Annual Passenger Vehicle Costs per Household An11ual Res!dential Building Energy Costs per Household Annual Residential Water Costs per Household
Total
Base Scenario
16,153.29
1,931.82
851.40
18,936.51
Per Household Annual Auto Costs by Type, dollars/ household/ year Auto Auto Fuel Costs per Household Auto Ownership and Maintenance Costs per Household Total
Base Scenario
3,294.49 .
12,858.80 16,153.29
Alternative 2: Infill
7,688.37
1,787.47
747.38
10,223.23
Alternative 2: Infill
1,568.06
6,120.32
7,688.37
Alternative 3: Expansion
10,492.42
1,779.59
655.63
12,927.64
Alternative 3: Expansion
2,139.95
8,352.48
10,492.42
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Livingston Land Use Alternatives Scenarios: Risk and Resilience Report Housing in Hazard Zones, dwelling units
Base Scenario Alternative 2: Infill Alternative 3: Expansion Dwelling Units in Special Flood Hazard
Zones
Population in Hazard Zones, persons

1.00 1.00 124.00
Base Scenario Alternative 2: Infill Alternative 3: Expansion Population in Special Flood Hazard
Zones
Jobs in Hazard Zones, employees
Jobs in Special Flood Hazard Zones
Land Area in Hazard Zones, acres
Area in Special Flood Hazard Zones

3.00 3.00
Base Scenario Alternative 2: Infill

17.00 17.00
Base Scenario Alternative 2: Infill
123.00 123.00
Canvas Features in Hazard Zones, canvas features
223.00
Alternative 3: Expansion
341.00
Alternative 3: Expansion
123.00
Base Scenario Alternative 2: Infill Alternative 3: Expansion Canvas Features in Special Flood Hazard
Zones 7.00 7.00 7.00
Housing in Flood Hazard Zones, dwelling units
Base Scenario Alternative 2: Infill Alternative 3: Expansion Dwelling Units in SFHL Zone A 1.00 1.00 124.01
Population in Flood Hazard Zones, persons
Base Scenario Alternative Z: Infill Alternative 3: Expansion Population in SFHL Zone A 3.00 3.00 223.18
Jobs in Flood Hazard Zones, employees
Base Scenario Alternative Z: Infill Alternative 3: Expansion Jobs in SFHL Zone A 17.00 17.00 341.18
Land Area in Flood Hazard Zones, acres
Base Scenario Alternative 2: Infill Alternative 3: Expansion Area in SFHL Zone A 122.69 122.69 122.69
Canvas Features in Flood Hazard Zones, canvas features
Base Scenario Alternative 2: Infill Alternative 3: Expansion Canvas Features in SFHL Zone A 7.00 7.00 7.00
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Attachment 5
City of Livingston General Plan Update
Land Use Alternatives
Property Owner Request Considerations
Following the presentation of the land use alternatives to the Planning Commission (February 11, 2025), the City received several requests from property owners in the area to consider their properties for inclusion in one or more of the land use alternatives and ultimately for development as a part of the city (see attached map). All of these properties are located outside the current City Limits. City staff and the consultant team thought it important for the Planning Commission to be informed about the steps necessary to include any of those properties within the City Limits and make them available for future development. The following considerations are intended to do that.

Background
State law requires all counties to establish a local agency formation commission, know as LAFCo.

LAFCo’s are charged with determining future boundaries (city limits or service areas) for every city and special district in the county. These boundaries are known as Spheres of Influence (SOI). Generally, these boundaries, particularly for cities, are based on an estimation of the amount of area needed to accommodate 20 years of growth. Once established, SOI changes can be made by LAFCo at the request of a city or special district. However, LAFCo will require the preparation (or update) of a Municipal Services Review (MSR) to determine whether the city has the ability and capacity to provide services (e.g., sewer, water, drainage, fire protection) to the expanded area.

MSRs are initially required for every city and special district to assure they have the capacity to provide the services for which they were formed (Livingston’s MSR was adopted in 2018). MSRs examine whether local agencies are effectively and efficiently delivering essential services. The key factors analyzed in MSRs are growth and population projections, capacity of public facilities, adequacy of public services, financial ability of agencies, and accountability for community needs.

LAFCo also has the responsibility for approving annexations of land into a city or special district. Any land within a city’s SOI maybe be annexed to the city. Land outside an SOI may not be annexed until LAFCo approves, following the preparation of an updated MSR, expansion of the SOI to include the subject property. The updated MSR must demonstrate the city has the capacity to provide all city services to the expanded SOI and the subject property.

Another factor affecting annexations to the City of Livingston is the lack of a tax revenue sharing agreement with Merced County. This agreement would establish the County’s share of future tax revenues generated by land that is annexed from the unincorporated County into Livingston. The intent is to assure the County continues to receive a share of future tax revenues to support countywide services received by that property, including health and human services, libraries, office of emergency services, and adult and juvenile detention centers. Until that revenue sharing agreement is reached, LAFCo cannot approve any annexation to the city.
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With this background on the Sphere of Influence, Municipal Service Reviews, tax sharing agreements, and annexations, the following discussion identifies some considerations for the Planning Commission and City Council when evaluating the property owner requests for inclusion in one of more of the land use alternatives.

Properties within the Sphere of Influence
All of the properties subject to property owner requests for inclusion in the land use alternative for development are outside the City Limits. Five of the properties are within the City’s SOI, the remainder are outside the SOI. The properties within the SOI are grouped at the south central end of the City, just south of Peach (parcel numbers 047-280-006, 047-280-007, 047-280-008, 047-280-009, and 047-280- 015). Annexation of these parcels to the city would require execution of the tax sharing agreement with the County but likely not an update to the MSR. Properties currently designated urban or commercial reserve on the land use alternatives would not be anticipated to be developed until after 2040. All but one of the parcels (parcel number 047-280-009) is adjacent to the City Limits, making it easier and less costly to extend water, wastewater, and street infrastructure. The parcels are designated in the three alternatives as follows:

Parcel number Alternative 1 Alternative 2 Alternative 3 047-280-006 Urban Reserve Low Density Res. Urban Reserve 047-280-007 Urban Reserve Low Density Res. Urban Reserve 047-280-008 Urban Reserve Agriculture Urban Reserve
047-280-009 Urban Reserve Agriculture Urban Reserve
047-280-015 Urban Reserve Urban Reserve Low Density Residential Alternative 1 would exclude all of these parcels from development during the time frame of the General Plan (2040). Alternative 2 assumes two parcels for low density residential development, three to remain in agriculture use, and one for urban reserve. Alternative 3 assume one parcel for low density residential, the remainder as urban reserve.

Properties Outside the Sphere of Influence
There are 18 parcels outside the City’s SOI that property owners have requested to be considered for development in the preferred alternative. Two parcels to the west (parcel numbers 047-170-020 and 047-170-026) fall outside the planning area as well and have not been designated for land use in any of the three alternatives. Two parcels to the southwest are adjacent to the City Limits but fall outside the existing SOI and City Limits (parcel numbers 047-260-091 and 047-260-092). Four parcels northeast of the City Limits and SOI (parcel numbers 143-030-007, 143-030-014, 143-030-016, and 143-030-017) are designated as urban reserve on all three alternatives. The remaining 10 parcels are grouped around the SR 99/Sultana interchange (parcel numbers 143-190-007, 143-210-077, 143-210-051, 143-210-152, 143- 210-053, 143-210-054, 143-210-055, 143-210-056, 143-210-092, and 143-210-093). The land use designations for these parcels in the three alternatives ranges from no designation to urban or commercial reserve and low density residential, with one parcel designated in Alternative 3 for highway commercial development. Parcel designations are listed below.

Parcel number Alternative 1 Alternative 2 Alternative 3 337 of 371
047-170-020 No designation No designation No designation 047-170-026 No designation No designation No designation 047-260-091 Urban Reserve Urban Reserve Low Density Residential 047-260-092 Urban Reserve Urban Reserve Low Density Residential 143-030-007 Urban Reserve Urban Reserve Urban Reserve
143-030-014 Urban Reserve Urban Reserve Urban Reserve
143-030-016 Urban Reserve Urban Reserve Urban Reserve
143-030-017 Urban Reserve Urban Reserve Urban Reserve.
143-190-007 Urban Reserve Urban Reserve Urban Reserve
143-210-051 No designation No designation No designation 143-210-052 No designation No designation No designation 143-210-053 No designation No designation No designation 143-210-054 No designation No designation No designation 143-210-055 No designation No designation No designation 143-210-056 No designation No designation No designation 143-210-077 Commercial Reserve Urban Reserve Highway Commercial 143-210-092 No designation No designation No designation 143-210-093 No designation No designation No designation Alternative 1 would exclude all of these parcels from development during the time frame of the General Plan (2040), with eight parcels in an urban or commercial reserve classification and 10 with no land use designation. Alternative 2 would exclude all of these parcels from development through 2040, with eight in urban reserve and the remainder with no land use designation. Alternative 3 designated one parcel for highway commercial development and two parcels as low density residential, with the remainder in urban reserve or no land use designation.

There are two key considerations for designating these parcels for future development in the city. First, their annexation to the city would require an update of the MSR and approval by LAFCo. Second, since the parcels are not contiguous to the city, extension of infrastructure (wastewater, water, streets, drainage) would be challenging, given the intervening undeveloped properties.

April 29, 2025 | Mintier Harnish
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Figure 1: Property Owner Requests
f"' .J City Limit
f"' .J Sphere of Influence
D 2040 Planning Area
Propose d Annex Parcels
Williamson Act
- contracts
L - - - - 0 1
~-~0-~2~5~0~.5~----Miles
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Figure 2: Alternative 1
Legend
!".•.••~ Focus Areas Land Use Designations D High Density Residential D Neighborhood Commercial ~ ~ Spher.e of Influence ~ Commercial Reserve . C3 Highway Commercial - Park/Open Space 1 __ 1 City L1m1ts - Community Commercial ~ Industrial Reserve - Public Facility 2040 Planning Area ~ County Agriculture D Limited Industrial ~ Public Facility Reserve - Downtown Commercial D Low Density Residential - Service Commercial - General Industrial D Medium Density Residential ~ Urban Reserve 0 Updated: June 6, 2023
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Figure 3: Alternative 2
0 Legend
!".•.••~ Focus Areas Land Use Designations D High Density Residential D Mixed Use ~~ Sphere of Influence - Agriculture E2J Highway Commercial - Park/Open Space 1 __ 1 City L1m1ts ~ Commercial Reserve Q<X: Industrial Reserve - Public Facility 2040 Planning Area - Community Commercial D Limited Industrial - Service Commercial D Estate Residential D Low Density Residential m Urban Reserve - General Industrial D Medium Density Residential
Updated: June 6, 2023
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Figure 4: Alternative 3
0 Legend
!".•.••~ Focus Areas Land Use Designations D High Density Residential - Park/Open Space ~ ~ Spher.e of Influence ~ Commercial Reserve . ·:-:-·:-_:::,','; H.ighway Commercial iz::::;jl Potential Specific Plan 1 _ _ 1 City L1m1ts - Community Commercial D Limited Industrial - Public Facility 2040 Planning Area - Downtown Commercial D Low Density Residential - Service Commercial D Estate Residential D Medium Density Residential m Urban Reserve - General Industrial D Neighborhood Commercial
Updated: June 6, 2023
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Attachment 6
f"' J City Limit
f"' J Sphere of Influence
c::::J 2040 Planning Area
Proposed Annex Parcels
Williamson Act
1111 Contracts
Proposed City Limit
- Expansion
- Proposed SOI
Expansion
- -
I
L - -
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99 ¯
0 0.25 0.51
Miles
City Limit
Proposed Sphere of
Influence
Land Use
Designations
Community
Commercial
Neighborhood
Commercial
Commercial Reserve
Service Commercial
Highway Commercial
Mixed Use
Estate Residential
Low Density
Residential
Medium Density
Residential
High Density Residential
Potential Specific Plan
Urban Reserve
Limited Industrial
General Industrial
Public Facility
Park/Open Space
Agriculture
Livingston 2040 General Plan Update: Planning Commission Preferred Land Use Alternative Attachment 7
Eucalyptus Ave
oak St
]
0:,
.9
.!; "'
-1;;
~
]
" t:
~
SC D ~
D ~ - -
D
-
r,
£Z:3 .
- D
r,
-
-
--
D
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344 of 371
A Comparative Buildout Table
for the three land use alternatives
and the Planning Commission's Preferred Land Use
Alternative May 13, 2025
Planning
Alternative 1 Alternative 2 Alternative 3 Commission
(Baseline) (Infill) (Expansion) Recommended
Preferred Land Use
Alternative
Population
Capacity 17,531 21,134 30,626 32,352
Jobs 1
Capacity 5,671 8,667 18,962 26,230
Total
Dwelling Unit 5,314 7,521 12,225 13,439
Capacity
Total Land
Consumed 41 acres 394 acres 1,323 acres 1,331 acres
(at Full
Buildout)
Attachment 7
345 of 371
Livingston Land Use Aft~rn.itlvc-is Scenarios: Summary Statistics Re ort Pol!ulatlon, ~ol!!e
ease Scena,lo Alternatlve 2: Infill Alternative 3: Exe2nslon Preferred PC Alternative Population 17,531.06 21,134.01 30,625.67 32,352.62
Houslns, dwelll!!JI unlt:s
Base Scenario Alternative Z: Infill Alternative 3: Exeansion Preferred PC Alternative Dwelling Units 5,314.45 7,521.29 12,224.90 13,438.91
Households households
Base Sce.narlo Alternative Z: Infill Alternative 3: ~anslon Preferred PC Alternative Households 5,079.37 7,156.51 11,572.93 12,717.66
Jobs bs
ease Scenario Alternative 2: Infill Alternative 3: Exe2nslon Preferred PC Alternative Employment 5,671.38 18,666.73 18,961.60 26,229.74
Houslng.br T~, dWelll!!JI Ulllts
ease Scenario Alternative 2: Infill Alternatlve 3: Exeansion Preferred PC Alternative Large Lot Detached Slngle-Family Dwelling Units 2,933.27 3,547.33 5,653.98 5,497.32 Small Lot Detached Single-Famlly Dwelling Units 463.00 456.00 463,00 455.00 Attached Single-Family Dwelling Units (Townhomes) 185.06 151.80 1,349.51 1,358.69 All Multifamily Dwelling Un its 1,733.12 3,366.16 4,758.41 6,127.91 Total 5,314.45 7,521.29 12,224.90 13,438.91
Jobs bi Seaor, Jobs
Base Scenario Alternative 2: Infill Alternatlve 3: Exe2nslon Preferred PC Alternative All Retail Employment 914.33 2,653.32 4,853.65 5,072.72 All Office Employment 956.05 2,201.76 7,059.37 5,703.35 All Public Employment 591.00 10,218.00 1,958.23 10,411.95 All Industrial Employment 3,013.00 3,531.65 4,938.36 4,929.03 All Agriculture Employment 197.00 62.00 152.00 112.00
Military Employment
Total 5,671.38 18,666.73 18,961.60 26,229.05
Building Area: Re-sidentlal, S9.':!are feet (mUllonsj
ease· Samaria Alternative 2: Infill Alternative 3: Exeanslon Preferred PC Alternative Large lot Oet3clted S<nt1fe-Fomlly Building Area 4.98 7.70 15,81 15.44 Small Lot Detached Single-Family Building Area 0.46 0.46 0.46 0.46 Attached Single-Family Building Area 0.35 0.28 2.53 2.55 Multifamily Building Area 1.63 3.51 5.35 6.86
Total 7.41 11.96 24.15 25.30
Bulldlng.Ate.:_lletall,auarefeet lmllllo11Sl
ease Scenario Alternatlve 2.: lnffil Alternative 3: Exeanslon Preferred PC Alternative Re·tafl Services Building Area 0,26 0,55 1.54 1.38
Rc,murnnu Bulldlng Area 0.13 0.34 0.63 0.65
Arts & Entertainment Building Area 0,00 0,05 0.48 0.38
Accommodation Building Area 0.30 0.33 0.32 0,33
Other Retall Building Area 0.11 0.35 0.61 0.66
Total 0.81 1.61 3,58 3.41
llulldfn1Nea: Offlce1 ~uare feet (millions!
ease Scenario Alternatlve 2: lnflll Alternative 3: Exeanslon Preferred PC Alternatlve Office Services BuUdlns Area 0.19 0.63 2.20 1.75
Medical Services Building Area 0.31 0.31 0.34 0.33
Total 0.50 0.94 2.54 2.08
Bulldln& A,ea: Publl', S!j!!!re feet !millions)
Base Scenario Alternative 2: Infill Alternative 3: ~•nslon Preferred PC Alternative PtJbU~ Adml.nlstral'lon Building Area 0.08 2.99 0.49 3,05 Education Building Area 0.50 1.14 0.59 1.16
Total 0,58 4.14 1.09 4.21
.llulldlns Area: Industrial, sgoare feet: !mllllonsJ
Base Scenario Alternative 2: Inf/JI Alternative 3: Expansion Preferred PC Alternative Transportation/Warehouse Building Area 0.86 1.53 3,05 2.85 Wholesale Buildlng Area 0.00 0.11 0,44 0.31
Total 0.86 1.65 3.50 3.16
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Livingston Land Use Alternatives Scenarios: Land Consumption Report Total l..lno Consumed, acres
Base Scenario Alternative Z: Infill Alternative 3: Expansion Preferred PC Alternative Urban Vacant Land Consumed 2.95 42.91 73.50 81.87
Urban Redevelopment Land Consumed 12.85 60.30 110.49 140.77 Agricultural Land Consumed 24.70 254.20 1,060.10 1,031.13 Woodland
Other Greenfield Land Consumed 0.15 36.37 79.21 77.44
Total 40.65 393.78 1,323.29 1,331.20
Urban land Consumed, acres
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Urban Vacant Land Consumed 2.95 42.91 73.50 81.87
Urban Redevelopment Land Consumed 12.85 60.30 110.49 140.77 Total 15.80 103.21 183.99 222.64
Greenfield Land Consumed, a.cres
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Agricultural Land Consumed 24.70 254.20 1,060.10 1,031.13 Woodland
Other Greenfield Land Consumed 0.15 36.37 79.21 77.44
Total 24.85 290.57 1,139.31 1,108.56
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Livingston Land Use Alternatives Scenarios: Energy Use Report Total Annual Energy Use, brltlsh thermal units/ y~r (bllllons) Residenllal Energy Use
Commercial Energy Use
Total
Base Scenario Alternative 2: Infill
352.S3
235.81
588.34
460.82
628.51
1089.33
Alternative 3: Expansion
739.32
900.17
1639.49
Preferred PC Alternative
748.45
1015.69
1764.14
Annual Electricity Use, kllowatt,hours / er (mllllons)
Base Scenario Alternative 2: Infill Alternative 3: Expa.nsion Preferred PC Alternative Residential Electricity Use
Commercial Electricity Use
Total

39.20 50.99 82.32 83.15

45.52 122.19 180.02 199.86

84.72 173.18 262.34 283.01
Annual Gas Use, therms/ year (millions)
Residential Natural Gas Use
Commercial Natural Gas Use
Total
Base Scenario Alternative 2: Infill A:lternative 3: Expansion Preferred PC Alternative 2 .19 2.87 4. 59 4.65

0.81 2.99

2.12 4.99

2.86 7.45

3.34 7.99
Per Hou.sehold An11ual En,e,gy Use, brltlsh thermal units/ hoL1Sehold / ~r (mllP0115) Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Residential Energy Use per Household 69.40 64.39 63.88 60.37 Annual Residential. Energy Costs, doUars / year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Residential Energy Cost 9.81 12. 79 20.60 20.82
Annual Bulldtng Energy GHG Emissions, metrlc ton/ year
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC A.lternative Total Building Energy GHG Emissions 33,509.46 62,416.33 93,978.66 101,139.84 348 of 371
Livings ton Land Use Alternatives Scenarios: Water Use Report Total Annual Water Use, gallons/ year (mlmons)
Base Scenario Alternative 2: Infill Alternative 3: Elcpanslon Preferred PC Altematlve Re,ldenti•I Water Use
Commercial Water Use
Total
Annual Indoor Water Use, gallons / ynr (mllllons)
SSRS3
3S6.52
915.05
690.79
928.94
1619.73
979,95
719.62
1699.57
Base Scenario Alternative 2: Infill Alternative 3: Expansion Residential Water Indoor Use 335.21 398.59
Commercial Water Indoor Use 342.55 540.82
Total 577.75 939.41
Annual Outdoor Water Use, gallons/ yur (mllllons)
572.03
579.34
1151.38
1016.08
820.31
1836,39
Preferred PC Alternative
583.12
674.08
1257.20
Base Scenario Alternative 2: Infill Altematlve 3: Expan.sion Preferred PC Alternative Residential Water Outdoor Use 223.32 l92.20 407.92 432.96 Commercial Water Outdoor Use
Total
Annual Resldentlal Water Use, gallon$/ year {mllllons)

13.97 237.29
388.12
680.32
140.27
548.19
Base Scenario Alternative 2: Infill Alternative 3: Elcpansion Residential Water Indoor Use
Residential Water Outdoor Use
Total
335.21 398.59
223.32 292.20
558.53 690.79
572.03
407.92
979.95
146.23
579.19
Preferred PC Alternative
S83.12
432.96
1016.08
Annual Commerdal Water Use. gallons/ year (mllllons)
Base Scenario Alternative 2: Infill Alternative 3: EMpfflslon Preferred PC Alternative Commerdal Water Indoor Use
Commercial Water Outdoor Use
Total
342.55

13.97 356.52
540.82
388.12
928.94
Per C.plta Annual Residential Water use, gallons/ per! on / ye;ar Base Scenario Alternative 2: Infill
Residential Water Use per Capita 31,859.42 32,686.23
Per Hou~hold Al'.\flual Residential Water Use, gallons / person / year Residential Indoor Water Use per Household
Residential Outdoor Water Use per Household
Total
Base Scenario Alternative 2: Infill
65,994.40 55,696.55
43,966.09 40,829.67
109,960.49 96,526.22
579.34
140.27
719.62
Alternative 3: Expansion
31,997.63
Alternative 3: Expansion
49,428.47
35,247.51
84,675.99
674.08
146.23
820.31
Preferred PC Alternative
32,167.03
Preferred PC Alternative
47,030.84
34,919.95
81,950.79
349 of 371
Livingston Land Use Alternatives Scenarios: Walk Accessibility Report Parks Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within 10 minutes 94% 90% 72% 74%
Schools Acc:ess
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within 15 minutes 83% 86% 61% 64%
Hospitals Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within 20 minutes 55% 59% 37% 42%
Custom POI #1: Custom POI #1 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within 20 minutes 0% 0% 0% 0%
Custom POI #2: Custom POI #2 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within 20 minutes 0% 0% 0% 0%
Custom POI #3: Custom POI #3 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within 20 minutes 0% 0% 0% 0%
Transit Access: All Stops
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within S minutes 33% 37% 25% 30%
Transit Access: High-Quality Stops
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within 5 minutes 0% 0% 0% 0%
Retail Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within 10 minutes 30% 51% 23% 34%
350 of 371
Livingston Land Use Alternatives Scenarios: Transit Accessibility Report Parks Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within 10 minutes 94% 90% 72% 74%
Schools Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within 20 minutes 89% 90% 74% 76%
Hospitals Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within 30 minutes 84% 86% 56% 61%
Custom POI #1: Custom POI #1 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within 30 minutes 0% 0% 0% 0%
Custom POI #2: Custom POI #2 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within 30 minutes 0% 0% 0% 0%
Custom POI #3: Custom POI #3 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within 30 minutes 0% 0% 0% 0%
Retail Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Percent within 10 minutes 30% 51% 23% 34%
Employment Access: 10+ Percent
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative 10+% of jobs within 30 minutes 98% 97% 98% 99%
Employment Access: 25+ Percent
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative 25+% of jobs within 30 minutes 86% 67% 46% 65%
Employment Acc;ess: 50+ Percent
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative 50+% of jobs within 30 minutes 56% 22% 2% 1%
351 of 371
livm,tstoo Land Use Alte1nat1vcs Stenanos: Tr:insport alion Rt!porl A.nn111I YMT. mUes / Y!'!' (mllRO!IJ}
Base Scen3rio
Annual Tot>I VMT 73.77
Pe<.Capltll Annual Re.ldvntlal VMT1 m~./ year/ per!On
Base Scenario
Average Annual Resldentia\ VMT per Capita 3,895.01
Pl!< Household Annual 11...identlal ,VMT, miles/ year/ household Average Annual Residential VMT per Household
Travol Mode Share
Auto
Transit
Walk or Bike
Total
MXO Total 1/ehlde Trip• Pally, IIIP! / day
13,443.34
Base Scenario
84%
2%
14%
100%
Altematlve 2: Infill Alternative 3: Eltpanslon Preh!rred PC Altematlve

86.53 199.29 199.24
Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternallve 3,201.12 4,905.09 4,582.95
Alternative 2: Infill Alternative 3: Eltpan.sion Preferred PC Altematlve 9,452.05 12,980.43 11,673.84
Alternative 2: lnftU Alternative 3: EJpanslon Preferred PC Alternative 86% 91% 90%
3% 2% 2%
11% 7% 8%
100% 100% 100%
Base Scenario Alternative z: In.fill Alternatlve-3: Elcpan,lon Preferred PC Alternatlve Daily MXO Total Vehicle Trips 56,634.76 130,489,69 192,226.67 215,135.26 MlCO Total Vehlde Trip• Armulll, Ulpl / y,,ar (rnUDons) Base Scenario Altematlve Z: Infill Alternative 3: Expansion Prefened PC Alternative Annual MXD Total Vehicle Trips 19 82 45.67 67.28 7530
MXO 1/ehkle Trlps Dally Pe, capltit, ulps /day/ person
Base Scenario Alterna live 2: lnfln A1temative 32 Expansion Prelon'ed PC AJlernallv• Average Daily MXO Vehicle Trips per Capita 1.47 1.44 1.91 1.78 MXO Vohlcle Trip, Dilly Pet llousehold, trlll' / by I ho""'hold BB5e5cenarlo Alternative 2: Infill Alternative 3: Exp•nslon Preferred PC Alternallve Average Daily MXD Vehicle T1ips per Household 5,07 4.26 5.05 4.54 MXO VehltleTrlf>!ARnual Per capll3, trips/ )'f?r / pmon Base Scenario Altemallve 2: Infill Alternative 3: hpanslon Preferred PC Alternatlv• Average Annual MXD Vehicle Trips per Capita 513.98 504.37 667.59 623.84 MXO Vehldo Trip, Annuai Per -hold, Ulps /year/ haiuehold Alternallve 2: Infill Alternative 3: E•pan>lon Preferred PC Alternative Average Annual MXO Vehicle Trips per Household 1,773.96 1,489.30 1,766.66 1,589.12 Annual Pa.ssenge, .llehltle. Pollul\lnt Emwlons bytype. metrluon, / year Base Scenario Alternative 2: Infill Alternative 3: EJ:pan.slon Preferred PC Altetnatlve Annual NOx emissions 13.76 16.14 37.16 37.16
Annual PMlO emissions 3.49 4.09 9.42 9.42
Annual PM2.5 emissions 1.48 1.74 4.00 4.00
Annual SOx emissions 0.29 0,33 0.77 0.77
Annual CO emissions 131.49 154.21 355.19 355.10
Annual ROG/Voe emissions 15.97 18.74 43.15 43.14
Total 166.47 195.24 449.70 449,59
Annuol Passcnget Vehlde GHG Ernls>lons, metrk. ton•/ year s= Scenario Altenia ~ve 2: lnfiff Alternotlve 3: Expansion Preferred PC Altemallve Annual passenger vehicle emissions 29,842.96 35,001.33 80,616.88 80,596,85 Annual POss,,nge, Vehlcle Cosis, dollars / yur (mllUons) ease Scenario Alternative 2: Infill Alternative 3: Eltpanslon Preferred PC Alternative TrnnJpOrtation Cost 82.05 SS.02 121,43 117.33
Per HOU$ehold Annual Auto Cosu byJYpo, doflois/ household/ year Base Scenario
Auto Auto Fuel Costs per Household 3,294.49
Auto Owne~hip and Maintenance Costs per Household
Total
12,858.80
16,153.29
Alternative 2: lnfiff
1,568.06
6,120.32
7,688.37
Alternative 3: Expansion
2,139.95
8,352.48
10,492.42
Preferred PC Alternative
1,930.09
7,533.39
9,463.48
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Livingston Land Use Alternatives Scenarios: Emissions Report -Annual GHG Emissions by Soucce
Annual passenger vehicle emissions
Total Building Energy GHG Emissions
Total Water GHG Emissions
Total
Base Scenario
29,842.96
33,509.46
926.37
64,278.79
Annual Passenger Vehicle GHG Emissions, metric. tons/ year Base Scenario
Annual passenger vehicle emissions 29,842.96
Annual Building Energy GHG Emissions, metric ton/ year
Base Scenario
Total Building Energy GHG Emissions 33,509.46
Annual Water Ene~gy GHG Emissions, metric. tan / year
Base Scenario
Total Water GHG Emissions 926.37
Per Household Annual GHG Emissions by Source, metric: tons Annual passenger vehicle emissions per household
Annual building energy emissions per household
Annual water-energy emissions per household
Total
Base Scenario

5.44 3.90

0.11 9.44
Annual Passenger Vehicle Pollutant Emissions by Type, metric. tons/ year Alternative 2: Infill
35,001.33
62,416.33
1,537.33
98,954.99
Alternative 2: Infill
35,001.33
Alternative 2: Infill
62,416.33
Alternative 2: Infill
1,537.33
Alternative 2: Infill

3.82 3.62

0.09 7.53
Base Scenario Alternative 2: Infill
Annual NOx emissions 13.76 16.14
Annual PMlO emissions 3.49 4.09
Annual PM2.5 emissions 1.48 1.74
Annual Sox emissions 0.29 0.33
Annual CO emissions 131.49 154.21
Annual ROG/VOC emissions 15.97 18.74
Total 166.47 195.24
Alternative 3: Expansion
80,616.88
93,978.66
1,678.30
176,273.84
Alternative 3: Expansion
80,616.88
Alternative 3: Expansion
93,978.66
Alternative 3: Expansion
1,678.30
Alternative 3: Expansfon

5.25 3.59

0.08 8.92
Alternative 3: Expansion

37.16 9.42

4.00 0.77
355.19

43.15 449.70
Preferred PC Alternative
80,596.85
101,139.84
1,818.58
183,555.28
Preferred PC Alternative
80,596.85
Preferred PC Alternative
101,139.84
Preferred PC Alternative
1,818.58
Preferred PC Alternative

4.72 3.39

0.08 8.19
Preferred PC Alternative

37.16 9.42

4.00 0.77
355.10

43.14 449.59
353 of 371
Livingston Land Use Alternatives Scenarios: Household Costs Report Annual Residential Water Costs, dollars/ year (mllllons) Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Residential Water Cost 4.32 5.35 7.59 7,87
Annual Residential Ene"f( Costs, dollars/ year [mllllons) Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Residential Energy Cost 9.81 12.79 20.60 20.82
Annual Passenger Vehlcle Costs, dollars/ year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Transportation Cost 82.05 55.02 121.43 117.33
Pe'r Hou~hold Annual Auto and Utlllty Cos~, dollars/ household/ y.ear Annual Passenger Vehicle Costs per Household
Annual Residential Building Energy Costs per Household
Annual Residential Water Costs per Household
Total
Base Scenario
16,153.29
1,931.82
851.40
18,936.51
Per Household Annual Auto <;osts by Type, dollars/ household/ year Base Scenario
Auto Auto Fuel Costs per Household
Auto Ownership and Maintenance Costs per Household
Total
3,294.49
12,858.80
16,153.29
Alternative 2: Infill
7,688.37
1,787.47
747.38
10,223.23
Alternative 2: Infill
1,568.06
6,120.32
7,688.37
Alternative 3: Expansion Preferred PC Alternative
10,492.42 9,463.48
1,779.59 1,679.41
655.63 634.53
12,927.64 11,777.42
Alternative 3: Expansion Preferred PC Alternative
2,139.95 1,930.09
8,352.48 7,533.39
10,492.42 9,463.48
354 of 371
Livingston Land Use Alternatives Scenarios: Risk and Resilience Report Housing in Hazard Zones, dwellin; units
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Dwelling Units in Special Flood Ha1ard
Zones 1.00 1.00 124.00 0.00
Poeulation In Hazard Zones, persons
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Population in Special Flood Hazard
Zones 3.00 3.00 223.00 0.00
Jobs In Hazard Zones, e.mplo~es
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Jobs in Special Flood Hazard Zones 17.00 17.00 341.00 0.00 'L.ind Are.a in Hazard Zones, acres
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Area in Special Flood Hazard Zones 123.00 123.00 123.00 0.00 Canvas Features In Haiard Zones, canvas features
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Canvas Features in Special Flood
Hazard Zones 7.00 7.00 7.00 0.00
Houslog In Flood Hazard Zones, dwelling llfllts
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Dwelling Units in SFHL Zone A 1.00 1.00 124.01 0.00
Po~latlon In Flood Hazard Zone.s, persons
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Population in SFHL Zone A 3.00 3.00 223.18 0.00
Jobs in Fl.ood Hazard Zones, emp~ees
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Jobs in SFHL Zone A 17.00 17.00 341.18 0.00
Land Area in Flood Hazard Zones, acres
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Area in SFHL Zone A 122.69 122.69 122.69 0.00
Canvas Features In Flood Hazard Zones, canvas features
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Canvas Features in SFHL Zone A 7.00 7.00 7.00 0.00
355 of 371
Attachment 8
Livingston City General Plan Update comments by Valley Land Alliance December 3, 2024
To Miguel Galvez, Contract City Planner, Livingston, california [email protected]
Mintier Harnish LP
1415 20th Street, Sacramento, Ca, 95815
Re: Livingston 2040 General Plan
To Whom it May Concern,
DECO 3 2024
City of Livingston
The Valley Land Alliance, a nonprofit with a mission to educate and build alliances to protect our uniquely productive California Central Valley Farmland, wishes to make the following comments.

As you all know, Livingston's last approved general plan was in 1999. Since then there has been Interest In expanding the footprint of the city and sphere of Influence. There have also been more than one study of the available water which is extracted by the city from the ground.

With the California State requirements to balance the water we take out of the ground with the water available that Is put Into the ground, Livingston has been involved with the Merced groundwater subbasin plan which was approved by the State. As we all know, without water there is no life. This finite natural resource must be considered in any planning of development expansion. The three alternate development plans cannot be considered without the water study and ability to provide water.

Furthermore, the Alternative 1 (baseline) plan Is not the baseline In the 1999 General Plan.

Included in the proposal for this beseline is "all the rezones proposed in the 2024-2032 Housing Element sites inventoryn.

Valley Land Alliance opposes this baseline be an alternative as stated and any growth at this time without actual water availability being guaranteed.

Thank you for the opportunity to comment.

Sincerely, J
Jean Okuye, pre • 0~
Valley Land Alliance
PO Box 102
Cressey, Ca 95312
356 of 371
From:

To:

Cc:

Subject:

Date:

Attachments:

Bao Xiong
Marissa Mercado; Miguel Galve?; MjgueJ GaJvez; Martha AbeJoe; Saavedra Carolina Jose A. Ramjrez
RE: Thank You and Next Steps: Tobacco Prevention Language in General Plan Friday, June 13, 2025 4:48:34 PM
imageoo1.ona
You don't often get email from [email protected]. learn why this is important Hi Mr. Galvez,
Hope all is well. I am following up on @Marissa Mercado email below as she is out of the office for a few days. We want to loop you in on our progress with providing you sample languages on wellness and tobacco prevention in the city's general plan. We recently met with @Saavedra, Carolina a senior staff attorney with Public Health Law Center to obtain some sample languages. We're wondering if there's a specific timeframe when you like to have these by? This will help us know the urgency of the matter. Let us know when you have a chance, thanks! CALll=ORNIA HEALTH

COLLABORATIVE
Baolia Xiong (She/her/hers)
Project Manager
Asian Pacific Islander Partners & Advocates
Countering Tobacco (API PACT) Program
Mobile 559-417-1212
Web www,healthcollaborative.org
From: Marissa Mercado <[email protected]> Sent: Friday, April 18, 2025 10:03 AM
To: [email protected]; Miguel Galvez <[email protected]> Cc: Bao Xiong <[email protected]>
Subject: Thank You and Next Steps: Tobacco Prevention Language in General Plan Good morning Mr. Galvez,
Thank you again for meeting with me on Wednesday and for your openness to incorporating tobacco prevention language into Livingston's General Plan. I really appreciated your insights and the discussion.

As a next step, I've reached out to the Public Health Law Center to request example language that could be incorporated into the existing required elements of the General Plan. I'll be sure to share those with you and the team as soon as I receive them.

Attachment9
357 of 371
Please let me know if there's anything else I can provide in the meantime. I look forward to continuing our collaboration!
Sincerely,
Marissa Mercado
Community Youth Engagement Coordinator
California Health Collaborative: API PACT
Email: [email protected]
Phone: (559) 385-3756
358 of 371
/ ± American T ~~~~aAssoclation. June 2021
Law and Policy Partnership to End the Commercial Tobacco Epidemic

CONTROL IN CALIFORNIA
, ., Communities thinking about
innovative and forward-looking
ways to tackle the commercial
tobacco1 epidemic may want to
consider land-use planning as a
potentially useful tool.

Cities and counties in California are required to
do land-use planning, which takes the form of
"general plan" development. Unlike ordinances
that are often topic-driven, general plans can
address tobacco control, health equity, and
environmental justice in broad, forward-thinking
ways. A general plan acts like a map, laying out a
jurisdiction's plans for where it wants to go, while
an ordinance is the vehicle by which it gets there.
, ., What is a General Plan?
A general plan, at its core, is a community-growth
process that enables a county or city to create a
vision, outline its values, and declare the shape of
its future. A forward-looking process, it provides
jurisdictions an opportunity to articulate their
goals and implementation plans for the future -
www.publlchealthlawcenter.org/caltobacco
particularly when commercial tobacco policies
are first considered and adopted. A general plan
can also include a jurisdiction's plans to achieve
a smoke and tobacco-free future for its residents,
and it can set the tone for furthering equity across
all its policies.
.,., General Plan Elements
California requires cities and counties to comply
with a general planning framework that reflects
statewide land use goals and policies. The general
planning process addresses population growth
and distribution, development, open space,
resource preservation and use, air and water
359 of 371
~ PUBLIC HEALTH ~ LAW CENTER at Mltch•II Hamlin• School -.r Law T American
Lung Association.

California
quality, and other related physical, social, and economic development factors. The general planning process is inherently public health-oriented because it promotes access to clean air and water, green spaces, and recreational areas, and can be used to promote clean transportation, access to healthy food, and safe and healthy housing.

Elements required in general plans
Cali~ornia law2 requires general plans to contain the following "elements," or chapters:
1 A land use element designates the type, intensity, and general distribution of land uses for housing, business, industry, open space, education, public buildings and grounds, waste disposal facilities, and other categories of public and private uses; June 2021
2 A circulation element identifies the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities; 3 A housing element assesses current and projected housing needs for all economic segments of the community and embodies policies for providing adequate housing. This must be updated every five or eight years;
4 A conservation element addresses the conservation, development, and use of natural resources, including water, forests, soils, rivers, and mineral deposits; 5 An open space element details plans and measures for the long-range preservation and conservation of open-space lands, including open space for the preservation of natural resources, the managed production of resources, agriculture, recreation, and public health and safety; 6 A noise element identifies and appraises noise problems within the community and forms the basis for land use distribution and determinations;
7 A safety element establishes policies and programs to protect the community from risks associated with seismic, geologic, flood, and wildfire hazards, as well as from other concerns such as drought;
8 An environmental justice element identifies objectives and policies to reduce pollution exposure, improve air quality, promote public facilities, improve food access, advance access to housing, and increase physical activity in identified disadvantaged communities;3 and 9 An air quality element establishes policies and programs to reduce impacts to air quality in the San Joaquin Valley Air Pollution Control District. Air quality considerations are also required for cities and counties that must include an environmental justice element in their general plans. ,1.1.re:::.===================--=:-=====::::.:==========::;;;;==========~ www.publlchealthlawcenter.org/caltobacco Oeneral Plans & Tobacco Control In California 2 360 of 371
~ PUBLIC HEALTH ~ LAW CENTER : • Milcholl Hamlmtt School C, Law T American
Lung Association. California
Under California law, the first seven elements are required to be part of a general plan. The last two - environmental justice and air quality - are mandated in jurisdictions that meet certain geographic and demographic thresholds.4•
5 Those elements, however, are not the only
ones that may be included in the general plan. Many communities, for instance, have added a specific health or "healthy communities" element to their general plans. Other communities have used community engagement, sustainability, climate change, and equity frameworks in incorporating the required elements in their general plans. The California Governor's Office of Planning and Research (OPR) has a detailed set of guidelines pertaining to general plans that is intended to help jurisdictions as they go through the planning and update process. 1 .1 Why Should General Plans Prioritize Tobacco Control Policies? One particular area of concern for many communities is how to go about promoting healthy communities and practices that eliminate chronic disease. Yet, in many communities, commercial tobacco policies are overlooked as key ingredients in a public-health and health equity-oriented approach to land-use planning. In fact, commercial tobacco use is still a leading cause of death in the United States, killing more than 480,000 people annually.6 In California, 40,000 adults die from smoking-related conditions every year, and for every person who dies from a smoking-related death, at least 30 people live with a smoking-related illness.7 While California has made strides in reducing smoking rates among its citizens, the reduction has not occurred June 2021
www.publlchealthlawcenter.org/caltobacco General Plans & Tobacco Control In Callfornla 3 361 of 371
T
American
Lung Association.

California
equitably among all demographic groups, with the smallest reductions occurring in American Indian and African American communities, as well as among rural and LGBTQ+ communities.8 Because general plans are forward-looking land-use planning documents, they offer communities an opportunity to adopt equitable commercial tobacco policies, goals, and objectives. ,,, How Can Commercial Tobacco Polices Fit into General Plans? Unlike zoning codes or ordinances, which spell out specific land use requirements and procedures, general plans tend to include broad language and set goals for later action. They do not outline a specific set of requirements or enforcement procedures. Rather, they identify a jurisdiction's policy goals and priorities. For example, a general plan might set goals of adopting place-based tobacco-free policies, such as:
• Tobacco-free multi-unit housing ordinances
• Tobacco-free parks and outdoor-space policies
• Restrictions on the number and density of tobacco retailers in a given location through retail licensing
• Prohibiting the sale of tobacco products in the jurisdiction In other words. a general plan can direct the development or adoption of a specific goal or policy over a certain period in a jurisdiction. An ordinance, by contrast, would define prohibited conduct and set out specific enforcement procedures. For that reason, there are pros and cons to focusing on general plans: while general plans can help steer a jurisdiction towards committing to longer-term policy goals, they are not going to lead to immediate policy change.

The General Planning Process
All cities and counties in California are required to develop general plans and to routinely update specific elements. In conducting those updates, they need to ensure that the entire general plan and its elements are consistent and compatible.9 Developing and updating a general plan can be complex and requires community outreach, input, and engagement. The update process normally begins years before the update is due. The sooner public health advocates can participate in the process, the greater the opportunity they will have to participate in the plan's development.

Creating and developing a general plan will vary somewhat by jurisdiction. For some local governments, the process is guided by a local planning commission with internal staff support. lune 2021
11 ===========:;;::;..=======================:;;:::;;;:~== www.publlchealthlawcenter.org/caltobacco General Plans & Tobacco Control In Callfornla 4 362 of 371
~ PUBLIC HEALTH ~ LAW CENTER -t ! Mltef'1e41 H1mllM School or LA,W f American
Lung Association.

California
For other jurisdictions, the process may involve working with a contractor to develop the plan and updates. The Office of Planning and Research's guidelines recommend that a local general plan start with a "shared community vision that will help set priorities throughout the planning process, and inform decision makers about community values."10 Developing a shared community vision necessarily involves community outreach, which can involve seeking input in public spaces like farmers' markets, events, and local group meetings.

Steps to Consider Taking
To ensure that general plans include strong tobacco control language, public health advocates should consider taking several steps. For example, they could:
1 Get involved in the process early. Public health advocates should regularly communicate with planners and public officials to learn when general plans are being updated and how to get involved in their development.
2 Develop community partnerships. Develop relationships with planners, community leaders, and organizations to strengthen the public health voice at the policymaking table. 3 Take a seat at the policymaking table. Attend public meetings and stay in regular contact with community partners and those involved in the general plan update process. 4 Present research. Planners may request local data on local tobacco sales, regulation, density, use patterns, and health impacts to better inform the decision-making process. 5 Make specific tobacco control recommendations. Find and recommend adopting evidencebased tobacco control policies tailored to the community's goals and vision. 6 Follow up. Specific goals and policies will not be realized without continued advocacy and pressure by public health advocates. The general plan only identifies goals: policymakers still need to support and proposed specific policy actions in order to make them happen. , ., General Plans and Endgame
Because general plans are forward-looking, aspirational documents, they offer a unique opportunity to help communities plan for the commercial tobacco "endgame." "Endgame" initiatives are those designed to change permanently the structural, political, and social dynamics that sustain the tobacco epidemic, in order to end it within a specific time.11 Endgame-focused objectives in a general plan might strive to eliminate all commercial tobacco product sales in a jurisdiction by a certain year. They might also identify "middlegame" June 2021
.,,.,,,,i::=:::::.::===:=::=:::::x::'.'=======::::i:c:========z::a:!Zll!CE:::S:.:=:c=::c::=======:::3 www.publlchealthlawcenter.org/caltobacco General Plans & Tobacco Control In Callfornla 5 363 of 371
l!IIJ.. PUBLIC HEALTH
.-;;;/ LAWCENTER
t l Mltc~f-Qn-hn• School 0,1 L•_,..
, T American
/ Lung Association.

California
policies, which could include ending the sale of all combustible products, ending the sale of all flavored products, ending the sale of products that produce waste, or prohibiting tobacco retailers from locating in economically disadvantaged neighborhoods.

Where to Include Tobacco Control Components?
Communities with tobacco control policy goals in their general plans often include them in the elements that specifically address health. However, they could also fit into housing, land use, air quality, and environmental justice elements as well. Some communities choose to include a specific health element or weave a health focus into all the elements in their plans. Others might identify a specific element (e.g., housing) that is slated to be updated and focus on multi-unit housing specific policies. Please visit the OPR's guidelines a e for examples, model goals, objectives, and programs, as well as helpful information about general plan basics.

Various jurisdictions in California include specific tobacco control language in their general plans.

The table at the end of this document provides a few examples of jurisdictions that have tobacco control language in their general plans. If you consider adapting any of the language from these plans, please take care to ensure that that provision is practical and legal in your jurisdiction.

The Law and Policy Partnership to End the Commercial Tobacco Epidemic does not endorse or recommend any of these policies. These examples are included simply to show how different communities have approached similar issues and do not necessarily represent "best practices." June 2021
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California General Plans with Tobacco Control Language
Jurisdiction: Marin County
Goal PH-2: Communities Free of Tobacco and Alcohol Dependency, and Other Drug Abuse Problems. Reduce alcohol, tobacco, and other drug use by creating a social and physical environment that supports healthy choices, ensuring access to treatment services and enforcing existing regulations.

Policy PH-2.1: Adopt and Enforce Tobacco Control Laws. Continue updating and enforcing tobacco control laws that pertain to location and retailing practices of tobacco stores (that sell to underage youth), smoking restrictions, and smoke-free home and workplace laws.

Policy PH-2.3: Raise Awareness of Alcohol and Other Drug Issues. Reduce positive associations and increase perceptions of harm among youth by changing social norms through supporting a comprehensive, evidence-based prevention approach that includes media, enforcement, education, and policy.

Policy PH-2.5: Increase Tobacco Cessation Services. Ensure that smoking cessation services are available to Marin residents.

Policy PH-2.6: Improve Access to Treatment Services. Ensure that Marin residents have access to affordable, high-quality, culturally relevant, linguistically, geographically, and age appropriate treatment services that reflect the needs of the population and drug abuse trends. .

Implementation Program PH-2.g: Provide Tobacco Education. Support public education programs regarding the hazards of tobacco use and secondhand smoke through media and educational events, and by encouraging incorporation of cessation and prevention programs into the protocols of community-based organizations.

Implementation Program PH-2.h: Enhance Youth Tobacco Prevention Programs. Increase school- and college-based prevention programs to discourage tobacco addiction among youth and 18- to 24-yearolds, the fastest-growing group of smokers in California.

Implementation Program PH-2.j: Enforce Tobacco Control Laws.

Maintain and enhance the partnership between local law enforcement and the County Environmental Health and Health and Human Services Tobacco Education Program to enforce regulations pertaining to smoking and selling tobacco to minors.

General Plan Section
Socioeconomic
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Goal 3: Smoke-Free Environments. Reduced negative public health impacts of tobacco smoke.

Goal 11: Air Quality. Healthy indoor and outdoor air quality through reduced, locally generated pollutant emissions.

Policy 3.1: Tobacco-free youth. Reduce Coachella youths' exposure to, and interest in, tobacco products through educational programs and events.

Action Description #10: Tobacco retail licensing fee. Adopt a tobacco retail licensing fee and penalties that would allow more stringent oversight and enforcement of tobacco sales to minors.

Policy 3.2: Secondhand smoke. Reduce residents' exposure to secondhand smoke.

Action Description #11: Smoke-free public events and facilities. Ban smoking at outdoor public events and public facilities, including farmers' markets, public parks and trails, and community street fairs.

Action Description #12: Second- and third-hand smoke exposure. Research and adopt an ordinance that bans smoking in multi-unit residential buildings and care/convalescent facilities. Before an ordinance Is passed, educate single- and multi-family property owners and managers about the effects of second-and third-hand smoke and encourage them to include anti-smoking policies in rental agreements. Connect property owners to resources (such as model lease language) if they want to ban smoking in their rental units.

Action Description #13: Smoke-free worksites. Write and adopt an ordinance that bans smoking: in outdoor dining areas, within 30 feet of unenclosed waiting areas, within 30 feet of enclosed areas where smoking is prohibited, in hotel rooms, in retail stores dealing exclusively in the sale of tobacco and smoking paraphernalia, and in unenclosed places of employment Policy 3.3: Smoking cessation services. Provide opportunities to share bilingual information and services to Coachella residents to assist them in quitting smoking.

Policy 3.4: Liquor and Tobacco marketing. Prohibit stores from placing alcohol and tobacco products near candy and from placing alcohol and tobacco advertisements on exterior signage and below four feet in height (child's eye-level).

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General Plan Section
Community Health
and Wellness
Sustainability and
Natural Environment
continued
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Jurisdiction: Coachella
Policy 3.5: Smoke-free entertainment. Work with Riverside County Department of Public Health to encourage local casinos to ban smoking to protect Coachella residents who work in, and patronize, local casinos.

Approach the California Gaming Control Commission about possible tobacco-related modifications to the tribes' Tribal-State Gaming Compacts.

Policy 11.13: Healthy homes. Promote green building practices that support "healthy homes," such as low VOC materials, environmental tobacco smoke control, and indoor air quality construction pollution prevention techniques.

Jurisdiction: San Diego (city)
Goal 4: Enhance Quality of Life
Objective L: Protect public health and safety
HE-L.3: Consider the adoption of a comprehensive smoke free ordinance for multifamily housing properties that covers the entire property.

Jurisdiction: East Palo Alto
Goal HE-7. Strive for East Palo Alto to be a smoke-free community.

Policy 7.1: Smoking in public spaces. Prohibit smoking in public buildings and public spaces such as parks, open spaces, and outside of public buildings. The ban would cover cigarettes, cigars, medical marijuana, and similar products.

Policy 7.2: Anti-smoking ordinances. Establish local policies protecting smoke-free multi-unit housing, such as prohibiting smoking in residential buildings controlled by the local housing authority, establishing jurisdictionwide prohibitions of smoking in multi-unit buildings, and affirming by local ordinance that landlords may establish smoke-free rental units.

Policy 7.3: Second-hand smoke. Develop programs and regulations that discourage and prohibit smoking to address second-hand smoke.

Policy 7A: Limitations on retailers. Within legal frameworks, take steps to limit the number of tobacco retailers in East Palo Alto and limit advertising for tobacco products, especially near schools.

Policy 7.5: Advertising. Encourage store owners to remove tobacco signage from shop windows.

June 2021
General Plan Section
General Plan Section
Smoke-Free
Multi Unit Housing
General Plan Section
Health and Equity
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Jurisdiction: Santa Clara Count
Policy HE-B.18: Density and location of tobacco retail outlets. Encourage and support cities to restrict the number of tobacco retailers near schools, other youth-populated areas, and areas with a high density of existing tobacco retailers.

Policy HE-B.19: Tobacco retail licensing. Encourage and support cities to create a tobacco and/or electronic smoking device retail licensing policy that earmarks a portion of the license fee for enforcement.

Policy HE-B.20: Distribution and redemption of coupons. Support restrictions on the distribution and/or redemption of co1,Jpons, gift certificates, gift cards, and rebates for tobacco and electronic smoking devices.

Policy HE-B.21: Electronic smoking devices. Encourage and support cities to include electronic smoking devices in all existing smoking and tobacco policies, regulations, and education programs.

Policy HE-8.22: Flavored tobacco and electronic smoking products. Support the elimination of the sale and distribution of mentholated cigarettes and/ or other flavored tobacco and electronic smoking products.

Policy HE-B.23: Tobacco-free pharmacies. Encourage and support retailers, service providers, and cities to eliminate the sale of tobacco products, including electronic smoking devices, in places where pharmacy and/ or other health care services are provided by a licensed health care professional (e.g. hospital, vision screening, blood pressure screening).

Policy HE-B.24: Smoke-free colleges and universities. Support and encourage local colleges and universities to create smoke-free campuses, including restricting the use of electronic smoking devices.

Policy HE-B.25: Secondhand smoke. Encourage and support cities to reduce residents' exposure to secondhand smoke by banning use on government property and public spaces and events, including outdoor dining and service areas, entryways, farmers' markets, plazas, and community street fairs (NOTE: Policy HE-E.9 addresses smoking in parks and HE-H.3 addresses multi-unit housing).

Policy HE-8.26: Tobacco cessation services. Support and increase the number of programs, clinics, and social service agencies that implement evidence based tobacco cessation treatment services.

June 2021
General Plan Section
Health-Social and
Emotional Health
Health/Healthy
Housing
continued
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~ PUBLIC HEALTH ~ LAW CENTER , Mltch•ll 1-1.amllnlt' Scho,ol or Law / T American Lung Association.

California
Jurisdiction: Santa Clara County
Polley HE-H.3: Tobacco-free multi-family housing. Coordinate with cities and other stakeholders to establish tobacco-free housing, and prohibit smoking in multi-family residential housing.

Policy HE-E.9: Smoke-free parks. Encourage and support local jurisdictions in establishing smoke-free parks and recreational areas.

Jurisdiction: '.t'c1l~~
Policy CP-1.9: Secondhand Smoke. limit exposure to secondhand smoke, including from electronic smoking devices.

Policy CP-1.10: Tobacco Sales and Children. Protect children by restricting the location of tobacco sales.

Action CP-1.9A: Work with GVRD and Solano Public Health to expand the City's existing ordinance prohibiting smoking in its parks to: 1) include electronic smoking devices; and 2) apply it to transit stops and other public outdoor spaces.

Action CP-1.9B: Work with Solano Public Health and other community partners to consider adopting an ordinance regulating smoking in new and existing multi-family units.

Action CP-1.lOA: Amend City regulations to require use permit review to consider the potential negative impacts of uses proposing to sell tobacco in proximity to schools and other youth-serving facilities, and in areas with existing tobacco retailers.

Action CP-1.10B: Consider establishing an annual fee on tobacco retailers to fund a regular monitoring program to increase compliance with tobacco related laws.

Jurisdiction: Tuolumne County
Goal 2F: Promote green building design and encourage housing development that is consistent with the County's Healthy Communities Policies.

Goal lOC: Reduce secondhand smoke exposure to residents in multiunit housing developments.

Policy 2.F.4: Encourage new multi-family developments to include smokefree policies to limit residents' exposure to the harmful effects of secondhand smoke. lune 2021
General Plan Section
General Plan Section
Health/Community
and People
General Plan Section
Housing
Healthy Communities
continued
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Jurisdiction: Tuolumne Count
Implementation Programs 2.F.f: Smoke-Free Housing. Explore the development of incentives for landlords who implement voluntary smoke· free policies in residential properties, such as discounts or waivers on administrative fees (such as certificate of occupancy or inspection fees).

Policy 10.C.1: Create a safe environment for residents of multi-unit housing developments by reducing exposure to secondhand smoke.

Implementation Program 10.C.a: Encourage new multi-family developments to include smoke-free policies to limit residents' exposure to the harmful effects of secondhand smoke.

Implementation Program 10.C.b: Explore the development of incentives for landlords who implement voluntary smokefree policies in residential properties.

Implementation Program 10.C.c: Consider amending and updating the Clean Indoor Air and Health Protection Ordinance, Chapter 8.36 of the Tuolumne County Ordinance Code, to support smoke-free multi-unit housing.

Implementation Program 10.C.d: Consider implementing at County policy to prohibit smoking on all County-owned campuses and facilities.

Jurisdiction: West Sacramento
HC-4.7: Combating Drug and Alcohol Dependency. The City shall coordinate with Yolo County and participate in community service programs that aim to combat tobacco, alcohol, and drug dependency.

HC-4.8: Tobacco Education. The City shall support public education programs regarding the hazards of tobacco use and secondhand smoke through media and educational events, and by encouraging communitybased organizations to provide treatment and prevention programs.

HC-4.9: Tobacco Control Laws. The City shall continue to update or enforce tobacco control laws that pertain to location and retailing practices, smoking restrictions, and smoking-free home and workplace laws.

Jurisdiction: Colusa County
Goal HO-4: Equal Access to Safe and Decent Housing for All Income Groups Program HO 4-4: In attached housing development projects consider the inclusion of tobacco control restrictions to prevent second hand smoke impacts . lune 2021
General Plan Section
General Plan Section
Healthy Community
General Plan Section
Housing
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This publication was prepared by the Public Health Law Center, a nonprofit organization that provides information and legal technical assistance on issues related to public health. The Center does not provide legal representation or advice. The information in this document should not be considered legal advice. This publication was made possible by funds received from Grant Number 19-10229 with the California Department of Public Health, California Tobacco Control Program, and the American lung Association in California.

Endnotes
The Public Health Law Center recognizes that traditional and commercial tobacco are different in the ways they are planted, grown, harvested, and used. Traditional tobacco is and has been used in sacred ways by Indigenous communities and tribes for centuries. Comparatively, commercial tobacco is manufactured with chemical additives for recreational use and profit, resulting in disease and death. For more information, visit http://www.keepitsacred.itcmi.org.

When the word "tobacco" is used throughout this document. a commercial context is implied and intended. 2 Ca . Gov't Code § 65302.
3 This element is required if the city or county has a "disadvantaged communityt as defined by Cal. Gov't Code § 65302.

That particular law, ''The Planning for Healthy Communities Act" commonly referred to as "SB 1000," recognizes that low-income communities and communities of color often bear a disproportionate burden of pollution and associated health risks. Even if a community is not required by law to incorporate environmental justice considerations into its general plan, all communities are encouraged to incorporate polices that elim nate environmental injustices-including those caused and perpetuated by tobacco use and disposal. 4 The environmental justice element is required if the c'ty or county has a "disadvantaged community," as defined by Cal. Gov't Code § 65302. That particular law, "The Planning for Healthy Communities Act" commonly referred to as "SB 1000," recognizes that low-income communities and communities of color often bear a disproportionate burden of pollution and associated health risks. Even if a community is not required by law to incorporate environmental justice considerations into its general plan, all communities are encouraged to incorporate polices that eliminate environmental injustices - including those caused and perpetuated by tobacco use and disposal. 5 The air quality element is required of jurisdictions within the San Joaquin Valley Air Pollution Control District. However, given that air quality is impaired in many areas throughout California, particularly in communities of color and low-income communities that are disproportionately exposed to pollution, all communities are encouraged to take into account air quality in their land-use planning decisions. 6 U.S. Dep't of Health and Human Services, THE HEALTH CONSEQUENCES OF SMOKING - 50 YEARS OF PROGRESS: A REPORT OF THE SURGEON GENERAL (2014),
7 Campaign for Tobacco Free Kids, The Toll of Tobacco ;n California, https://www.tobaccofreekids.org/problem/toll-us/ california (last updated Oct. 20, 2020), - - -- -·- ···-- ~· 8 See, e.g., California Dep't of Public Health Tobacco Control Program, California Tobacco Facts and Figures (2019), https:// www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandEvaluation/ Faclsandfigures/CATobacct?F_ads~n~~i~ures2019.pdf.
9 Cal. Gov't Code § 65300.5 (2018).
10 Cal. Office of Planning & Research, General Plan Guidelines 1l (2017). 11 Ruth Malone et al., Tobacco Control Endgames: Global initiatives and fmplicotions for the UK, Cancer Research UK (2014).

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