Agenda packet — Livingston City Council, November 18, 2025

CITY COUNCIL REGULAR MEETING AGENDA
November 18, 2025
07:00 PM

WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.

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

Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter. You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).

CALL TO ORDER
Pledge of Allegiance
Moment of Silence – First Responders and Military Members.

Roll Call
Closed Session Announcements

1. 1.1

1.2 1.3

1.4 Changes to the Agenda

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

COUNTY SUPERVISOR'S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports
City Manager Announcements and Reports

AWARDS, PRESENTATIONS, PROCLAMATIONS
Presentation by Leila Benijamali, CEO, Symbium: Accelerating permit issuance with automated compliance checks / SB379.

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

CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member. There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes per-person regardless of the number of items contained within the consent agenda.

Approval of Minutes of Meeting Held on November 4, 2025 (Special Meeting) Approval of Minutes of Meeting Held on November 4, 2025 (Regular Meeting) Resolution Supporting AB 1012 – A State Law to Secure the Efficiency of Transportation Funding and Implementing a “Timely Use” of the Federal/State Funding under the Federal Transportation Act for the CMAQ Applications Submitted to MCAG for the 2025 Call for Projects
Resolution of the City Council of the City of Livingston (1) Accepting the Low Bid and

1.5 2.

3. 4.

4.1 4.2

5. 5.1

6. 7.

7.1 7.2

7.3 7.4
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Awarding a Contract to New Century Construction & Consulting, Inc. for the Total Bid Amount of $193,810.00 for the Construction of the Arakelian Park Restroom, (2) Authorizing a Contingency for Contract Change Orders up to 10% of the Contract Amount, and (3) Authorizing the City Manager to Execute the Agreement

PUBLIC HEARING
Introduce And Waive The First Reading Of Ordinance Amending Title 4, Chapter 1 Of The City Of Livingston Municpal Code, Repealing Ordinance No. 650 And Replacing Livingston Municipal Code Title 4, Chapter 1, “Building Administration Codes” To Adopt The 2025 California Wildland-Urban Interface Code, 2025 California Building Code, 2025 Mechnical Code, 2024 International Property Maintenance Code, 2025 California Mechanical Code, 2025 California Plumbing Code, 2025 California Electrical Code, 2025 California Historical Building Code, 2025 Energy Code, 2025 California Green Building Code, 2025 California Fire Code, And 2025 California Residential Building Code And All Appendices Attached Thereto
Resolution Selecting A Preferred Land Use Alternative For Use In The Update Of City Of Livingston 2040 General Plan And General Plan Land Use Diagram

DISCUSSION AND POTENTIAL ACTION ITEMS
Update on Fire Department Implementation.

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports

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

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

8. 8.1

8.2 9.

9.1 10.

10.1 10.1.1
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Japjeet Uppal
Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
•
Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative.
•
City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
•
Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Robert Wallis, Alternate Representative. •
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

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

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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT

10.2 10.2.1

11. 12.
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Enabling instant and accelerated permitting.

Symbium
Item 5.1
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Stanford-led team dedicated to
supporting building departments
with automated compliance checks.

Symbium Mission
The goal is to ensure compliance with state mandates for accelerated permit approvals and support staffing backlogs.

Item 5.1
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Symbium Why Now
A statewide solar permitting mandate that is
motivating the adoption of automation tools.

CA cities are required to make available
automated, public-facing permitting for
residential solar and energy storage
projects by September 2024.

Solar permitting mandate in CA
SB379
Source: New California law mandating
automated solar permits
Item 5.1
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Challenges identified by government partners
Compliance with CA SB 379
Mitigate or eliminate re-submittals
Inconsistent outcomes across agencies
Delays in review times
Modernization of current permitting workflows
Reduce backlogs
Enhancing customer experience
Symbium Defining the Need
Item 5.1
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A public-facing platform that supercharges an AHJ’s existing permitting workflows with automated compliance checks.

Instant, transparent regulatory analysis
for every project.

Complaw® Analysis
Get a permit within seconds, subject to
payment of scalable pay-per-use fees
(like TurboTax for permitting).

Transactions
Applicants start by select a project
type and configuring their project
scope, including plan uploads.
1 Project Scope Captured
2 3
1 2
3 Symbium Solution
Item 5.1
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Symbium Competitive Advantage
Symbium employs proprietary
Complaw® tech to mechanize
regulations, bringing them directly
to the point of human experience.

Item 5.1
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1 2 3
Our proprietary Complaw®
technology has been validated for
analysis by building officials and
codes and standards drafters,
enabling us to expand across
more jurisdiction transactions, as
requested.

Complaw®
Symbium does not replace any
existing city permitting solutions
and, instead, supercharges them
with compliance checks.

Integrated
Symbium supports
transactional revenue,
meaning permit applicants pay
a nominal fee to get an
accelerated approval online.

No cost to cities
Symbium Competitive Advantage
Symbium is unique in the market
Item 5.1
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Symbium is now live in 160 cities!
Symbium Market Size
(Average contract time is 8 weeks)
Item 5.1
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Our partners include
Symbium Relationships
Item 5.1
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Thank you!
Leila Banijamali | Co-Founder & CEO
[email protected]
Symbium Symbium.com
Item 5.1
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MEETING MINUTES

REVISED SPECIAL MEETING

LIVINGSTON CITY COUNCIL
November 7, 2025
A Special Meeting of the Livingston City Council was held on November 7, 2025, in the Council of Chambers, with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 6:30 p.m.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Singh Uppal
Council Member Jason Roth (Absent)
Council Member Robert S. Wallis

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

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 6:09 p.m.

Citizen Comments:

Attendee (by phone)
Mayor Moran closed Citizen Comments at 6:12 p.m. as there were no further comments from the public.

Item 7.1
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CLOSED SESSION

4.1 Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator: Jose Antonio Ramirez, City Manager Employee Organizations: OE3- Clerical Bargaining Unit OE3 - Police Supervisory Employees Association OE3 - Management/Confidential Bargaining Unit OE3 - Livingston Police Officer Association AFSCME- Public Works and Parks Unit

4.2 Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9: John Markle v. City of Livingston, et al., Case No. 23CV-01647.

4.3. Conference with Legal Counsel – Significant Exposure to Litigation pursuant to Government Code Section 54956.9, subdivisions (d)(2) and (e)(1) (one matter)

4.4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – initiation of litigation pursuant to Government Code § 54956.9(d)(4) (1 matter) Council went into closed session at 6:14 p.m.

CLOSED SESSION ANNOUNCEMENTS
City Council discussed items 4.1 and 4.2. Deliberation occurred. No reportable action was taken. The Council will reconvene the closed session after the regular meeting.

ADJOURNMENT
The special meeting was adjourned by consensus at 7:11 p.m.

Mayor Moran reopened the meeting at 7:22 p.m.

Council reconvened the special city council meeting at 7:22 p.m.

Councilman Uppal stepped out at 11:48 p.m. for item 4.4.

CLOSED SESSION ANNOUNCEMENTS
No reportable action.

ADJOURNMENT
The special meeting was adjourned by consensus at 12:10 a.m. ____________________________________
Deputy City Clerk of the City of Livingston
Item 7.1
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APPROVED:
___________________________
Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.

Item 7.1
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MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
NOVEMBER 4, 2025
A Regular Meeting of the Livingston City Council was held on November 4, 2025, in the City Council Chambers with Mayor Moran presiding.

Mayor Moran called the meeting to order at 7:06 p.m.

Clerk’s Notes: Mayor Moran reopened meeting at 7:12 p.m. since he had to go back to the closed session meeting to provide a closed session report.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance to the Flag was recited.

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

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

CHANGES TO THE AGENDA
Motion: M/S Samra/Wallis to continue items 8.2 and 8.4 to the next meeting. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members: Uppal, Wallis, Samra, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth
Item 7.2
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2. CITIZEN COMMENTS
Mayor Moran opened citizen comments at 7:13 p.m.

Citizen Comments:

Jean Okuey
Patricia Zamora
Mario Mendoza
Mayor Moran closed citizen comments at 7:18 p.m. as there were no further comments from the public.

3. COUNTY SUPERVISOR’S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.

No report.

4. ANNOUNCEMENTS AND REPORTS

5.1. City Staff Announcements and Reports.
• Miguel Galvez, Contract City Planner

5.2. City Manager Announcements and Reports.
• Jose A. Ramirez, City Manager

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

6. CONSENT AGENDA

6.1 Ratify Warrants Register Dated October 24, 2025

6.2 City Treasurer’s Investment Report for the Month Ending September 30, 2025.

6.3 Approval of Minutes of Meeting Held on October 21, 2025 (Regular Meeting)

6.4 Approval of Minutes of Meeting Held on October 21, 2025 (Special Meeting)

6.5 Resolution Approving the Purchase of One New Utility Bucket Truck (2026 F-650 7.3 V8 Engine with 6 Speed Transmission) from Rush Truck Center, in the Amount of $225,032.38 and Authorizing the City Manager to Execute all Required Documents

6.7 Resolution Of the City Council of The City of Livingston Authorizing And Approving the Memorandum of Understanding: State Homeland Security Grant Programs Funding for Equipment, Planning, Administration, Training and Exercises
Item 7.2
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6.9 Resolution Authorizing The Acquisition, Implementation And Purchase Of Project 25-Compliant Simulcast Radio System And Second Radio Channel And Resolution Authorizing The Acquisition, Implementation And Purchase Of Motorola Subscriber Equipment
Mayor Moran opened public comments at 7:34 p.m.

Public Comments:

Resident (did not state name)
Mayor Moran closed public comments at 7:34 p.m. as there were no further comments from the public.

Motion: M/S Samra/Uppal to approve the consent agenda except for 6.6 and 6.8 and amend the word “May” to state “September in the Treasurer Report. The motion carried 4-0-1 by the following roll call vote:

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

6.6 Resolution Authorizing Staffing Changes For The Police Department; Approve Adding One Code Compliance Officer Part-Time Position; Approve The Revised Comprehensive Pay Schedule; And Authorize Staff To Initiate Recruitment To Fill One Code Compliance Officer Part-Time Position
Council Member Uppal requested that item 6.6 be pulled for discussion.

Mayor Moarn opened and closed public comments at 7:39 p.m. as there were no comments from the public.

Motion: M/S Uppal/Samra to approve resolution with the change in the appropriation amount from $31,490 to $16,000. The motion carried 4-0-1 by the following roll call vote:

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

6.8 Resolution of the City Council of the City of Livingston Ratifying Emergency Equipment Procurement and Emergency Repairs to Well 8; 1) Approve the Emergency Procurement of a New Well Motor and Emergency Service Call from Shannon Pump Co. in the Amount of $16,902.32; 2) Authorize the Finance Department to Make a Supplement Appropriation to the Water Enterprise Fund in the Amount of $16,902.32; 3) Authorize the City Manager to Execute All Required Documents
Item 7.2
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Jean Okuye requested that item 6.8 be pulled for discussion.

The Council pulled item 6.8 for discussion.

Jean Okuye asked what the policy is for emergency items.

Motion: M/S Uppal/Samra to approve Resolution Ratifying Emergency Equipment Procurement and Emergency Repairs to Well 8; 1) Approve the Emergency Procurement of a New Well Motor and Emergency Service Call from Shannon Pump Co. in the Amount of $16,902.32; 2) Authorize the Finance Department to Make a Supplement Appropriation to the Water Enterprise Fund in the Amount of $16,902.32; 3) Authorize the City Manager to Execute All Required Documents. The motion carried 4-0-1 by the following roll call vote:

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

7. PUBLIC HEARING

7.1 Resolution Opting into the California Uniform Public Construction Cost Accounting Act; the First Reading and Introduction of a Regular Ordinance Adding a New Chapter to the Livingston Municipal Code to Implement the Same Act; and Adoption of an Urgency Ordinance Adding a New Chapter to the Livingston Municipal Code to Implement the Same Act
Deputy City Attorney Joaquin Vazquez introduced this item.

Mayor Moran opened and closed public hearing at 8:36 p.m., as there were no comments from the public.

Motion: M/S Uppal/Wallis to continue item 7.1 to an uncertain date, to the discretion of the City Manager. The motion carried 4-0-1 by the following roll call vote:

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

8. DISCUSSION AND POTENTIAL ACTION ITEMS

8.1 Resolution (1) Authorizing the City Manager to Enter into a 36 Month Contract with Flock Safety for Additional Automated License Plate Readers (ALPR) not to Exceed $90,000 for the Contract - $30,000 for Fiscal Year 2025/2026, $30,000 for Fiscal Year 2026/2027, and $30,000 for Fiscal Year 2027/2028.

Lily Hoe gave a presentation on the flock cameras.

Council Member Uppal gave a presentation on Mass Surveillance-Flock Cameras.

Item 7.2
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Mayor Moran opened public comments at 9:30 p.m.

Public Comments:

Patricia Zamora
Mayor Moran closed at 9:34 p.m. as there were no further comments from the public.

Motion: M/S Wallis/Moran to approve Resolution (1) Authorizing the City Manager to Enter into a 36 Month Contract with Flock Safety for Additional Automated License Plate Readers (ALPR) not to Exceed $90,000 for the Contract - $30,000 for Fiscal Year 2025/2026, $30,000 for Fiscal Year 2026/2027, and $30,000 for Fiscal Year 2027/2028. The motion carried 3-1-1 by the following roll call vote:

AYES: Council Members: Wallis, Samra, and Moran
NOES: Council Members: Uppal
ABSENT: Council Members: Roth

8.2. Discussion and direction regarding City Travel Policy Item 8.2 was continued to the next regular meeting.

8.3. Discussion and Direction Regarding Next Steps for the General Plan Update Contract City Planner Miguel Galvez introduced this item.

8.4. General Discussion on Usage of City Attorney's Office Time Item 8.4 was continued to the next regular meeting.

9. ANNOUNCEMENTS AND REPORTS

9.1. City Council Members’ Announcements and Reports
• Council Member Robert Wallis
• Council Member Japjeet Uppal
• Mayor Pro-Tem Gurpal Samra

9.2. Mayor’s Announcements and Reports
• Mayor Jose Moran

9.2.1. COUNCILS’ APPOINTMENTS TO BOARDS
Robert Wallis
o Special City Selection Committee of the San Joaquin Valley Air Pollution Item 7.2
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Control Board –Robert Wallis, Representative and Japjeet Uppal, Alternative.
o City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
o Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

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

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

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

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

Item 7.2
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10. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
• Information on SB79 and how it would affect Livingston. • Shopping carts locking system.
• Remove elected City Treasurer and City Clerk.
• Cap on the number of liquor stores and tobacco stores in the city.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 10:22 p.m. __________________________________
Deputy City Clerk of the City of Livingston
APPROVED:
_____________________________
Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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STAFF REPORT
AGENDA ITEM: Adopt a Resolution Supporting AB 1012 – A State Law to Secure the Efficiency of Transportation Funding and
Implementing a “Timely Use” of the Federal/State Funding under the Federal Transportation Act for the CMAQ
Applications Submitted to MCAG for the 2025 Call for
Projects
MEETING DATE: November 18, 2025
PREPARED BY: Mario Gouveia, City Engineer
APPROVED BY: Jose A. Ramirez, City Manager
Anthony Chavarria, Public Works Director
RECOMMENDATION:

Staff recommends the City Council adopt Resolution No. 2025-____, supporting AB 1012 – A State Law to secure the efficiency of transportation funding and implementing a “Timely Use” of Federal/State Funding under the Federal Transportation Act for the Congestion Mitigation and Air Quality (CMAQ) Applications submitted to MCAG for the 2025 Call for Projects.

BACKGROUND:

On October 24th, City Staff submitted four project applications in response to the Merced County Association of Governments (MCAG) Call for Projects. A Resolution supporting and implementing AB 1012 “Timely Use of Funding” is required to be adopted by the City to receive funding. A copy of the Resolution must be provided to MCAG.

DISCUSSION:

The City of Livingston (City) staff submitted the following applications to MCAG for funding consideration. A summary for each proposed project is listed below with an estimated project cost.

1. Newcastle Pedestrian Improvements Project
The project consists of constructing new sidewalk improvements along the West side of Main Street from the end of the sidewalk improvements Item 7.3
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North of Newcastle Drive and South of Peach Avenue on the South side of the City. These improvements would be limited to the City’s existing right of way and would be modified by development as the adjacent properties develop. This is a “quality of life” project and a continuation of the City’s CMAQ efforts to promote walkability and reduce emissions. The estimated project cost is $477,400.00. If awarded funding the City local match for this project will be $54,758.00.

2. Stefani Sidewalk Infill Project
The project consists of constructing new sidewalk and wheelchair ramps along the West side of Stefani between Campbell Boulevard and Davis Street on the North side of the City. This is a “quality of life” project and a continuation of the City’s CMAQ efforts to promote walkability and reduce emissions. The project improvements focus on the construction of sidewalks where there are still discontinuities in pedestrian facilities, hence providing connectivity and safe pedestrian access to schools, commercial areas, parks, churches, etc. The estimated project cost is $613,444.00. If awarded funding the City local match for this project will be $70,363.00.

3. Winton Parkway Path Project
The project consists of constructing a shared use path along the MID canal parallel with a portion of the future Winton Parkway Extension, continuing along the canal, and terminating at B Street. This project will utilize a portion of the City’s existing right of way and will also use a portion of the existing MID right of way. This is a “quality of life” project and a continuation of the City’s CMAQ efforts to promote walkability and reduce emissions. The estimated project cost is $979,836.00. If awarded funding the City local match for this project will be $112,388.00.

4. Arakelian Park Path Project
The project consists of constructing a combination of concrete sidewalk and multiuse path facilities. Multiuse path facilities would be constructed along the West side of the MID canal running parallel with Emerald Avenue. The proposed improvements also include the construction of infill sidewalk facilities along the park frontage along J Street. This project will utilize a portion of the City’s existing right of way and will also use a portion of the existing MID right of way. This is a “quality of life” project and a continuation of the City’s CMAQ efforts to promote walkability and reduce emissions. The estimated project cost is $ 1,127,638.00. If awarded funding the City local match for this project will be $ 129,341.00.

All CMAQ funded projects require a local match of 11.47%. These local matching funds can be committed from the City’s Local Measure V allocation, SB1 allocation, or use other available local funds should the City receive funding for the submitted applications.

Item 7.3
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The AB 1012 legislation states that CMAQ funds that are not obligated within the first three years of federal eligibility are subject to reallocation by the California Transportation Commission in the fourth year. The California Department of Transportation will provide written notice to the fund recipients each year for unobligated fund balances which have one year remaining of a three-year apportionment period.

Adoption of this resolution addresses the following objectives:
a. Increase the efficiency of transportation funding by allocating every transportation dollar within three years of receipt.
b. Provide transportation benefits as early as possible. c. Increase monitoring and reporting of funds to improve the “use” of these funds.

The City’s role and responsibility is to ensure these CMAQ funds are obligated within the three-year time period and to develop a plan for those funds remaining unobligated in the third year.

FISCAL IMPACT:

There is no cost associated with the approval of this AB 1012 resolution.

ATTACHMENTS:

1. Resolution 2025-
Item 7.3
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RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON SUPPORTING AB 1012 – A STATE LAW TO SECURE THE EFFICIENCY OF TRANSPORTATION FUNDING AND IMPLEMENTING A “TIMELY USE” OF THE

FEDERAL/STATE FUNDING UNDER THE FEDERAL TRANSPORTATION ACT FOR THE CMAQ APPLICATIONS SUBMITTED TO MCAG FOR THE 2025 CALL FOR PROJECTS WHEREAS, AB 1012 has been enacted into State Law in part to provide for the “timely use” of State and Federal funding; and
WHEREAS, the City of Livingston is able to apply for and receive Federal and State funding under the Federal Transportation Act; and
WHEREAS, the City of Livingston desires to ensure that its projects are completed in a timely manner to preclude the Merced County Region from losing those funds for non-delivery; and WHEREAS, it is understood by the City of Livingston that failure for not meeting project delivery dates for any phase of a project may jeopardize federal or state funding to the Region; and WHEREAS, the City of Livingston must demonstrate dedicated and available local matching funds; and
WHEREAS, the AB 1012 legislation states that CMAQ funds that are not obligated within the first three years of federal eligibility are subject to reprogramming by the California Transportation Commission in the fourth year upon written notice from the California Department of Transportation; and
WHEREAS, the role and responsibility for the City of Livingston is to ensure these funds are obligated within the three-year time period and to develop a plan for those funds remaining unobligated in the third year.

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. Acknowledges that failure to meet project delivery deadlines may be deemed as sufficient cause for the Merced County Association of Governments Policy Board to terminate an agency’s project and reprogram Federal/State funds as deemed necessary.

3. Directs its management and engineering staffs to ensure all projects are carried out in a timely manner as per the requirements of AB 1012 and the directive of the City of Livingston City Council.

4. This resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2025- is a full, true and correct copy of a resolution duly passed and adopted by City Council of the City of Livingston at a regular meeting thereof duly held on 18th day of November 2025, by the vote recorded as follows:

AYES:

Item 7.3
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Page 2 of 2 ends

NOES:

ABSTAIN:

ABSENT:

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 Tran, City Attorney
Item 7.3
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STAFF REPORT
AGENDA ITEM: Resolution of the City Council of the City of Livingston (1) Accepting the Low Bid and Awarding a Contract to New
Century Construction & Consulting, Inc. for the Total Bid Amount of $193,810.00 for the Construction of the Arakelian Park Restroom, (2) Authorizing a Contingency for Contract Change Orders up to 10% of the Contract Amount, and (3) Authorizing the City Manager to Execute the Agreement
MEETING DATE: November 18, 2025
PREPARED BY: Mario B. Gouveia, City Engineer
APPROVED By: Jose A. Ramirez, City Manager
Anthony Chavarria, Public Works Director
RECOMMENDATION:

Staff recommends Council adopt Resolution No. 2025- _____, (1) accepting the low bid and awarding a contract to New Century Construction & Consulting, Inc. for the total bid amount of $193,810.00 for the construction of the Arakelian Park Restroom, (2) authorizing a contingency for contract change orders up to 10% of the contract amount, and (3) authorizing the City Manager to execute the agreement.

BACKGROUND
The City of Livingston owns and maintains the Arakelian Park which includes amenities such as a picnic patio, playground equipment, parking lot, and restrooms. The City recently replaced the playground equipment and refurbished the picnic patio shade structure. The restroom replacement would significantly improve this very important 10- acre park. The restroom facility is in deteriorated conditions and requires the complete replacement of the building, foundation, and electrical and utility connections. This project would provide a much needed facility for those who visit this park.

The major work consists of demolishing the existing restroom building and surrounding concrete sidewalk and building a concrete masonry unit (CMU) restroom building with Item 7.4
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men and women ADA facilities and surrounding sidewalk at Arakelian Park in the City of Livingston.

DISCUSSION:

Pursuant to public bidding requirements, the project was advertised in the Merced Sun Star on September 24, 2025, October 1, 2025, and October 8, 2025. The City received a total of seven (7) bids that were opened and read aloud at 2:00 p.m. on October 15, 2025, at the City of Livingston City Hall, the advertised bid opening date and time. The bids were reviewed by the City Engineer, and the lowest responsible and responsive bid was submitted by New Century Construction & Consulting, Inc. The bid results are as listed below:

Staff also recommends that City Council authorize additional funding of $19,381.00 for this project as 10% contingency. The contract amount plus the 10% contingency totals $213,191.00.

FISCAL IMPACT:
$213,191.00 will be expended from the approved Fiscal Year 2025/2026 budget from the Community Facilities District Fund (1213-475-7401).

Item 7.4
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ATTACHMENTS:

1. Resolution No. 2025 –

2. Abstract of Bids

3. Agreement

4. New Century Construction, Inc. Bid

5. DGN Builds, Inc. Bid

6. PIK Construction, Inc. Bid

7. BZ Construction Bid

8. KHB Commercial Bid

9. TBS Contractors Bid

10. Rolfe Construction Bid
Item 7.4
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RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1)

ACCEPTING THE LOW BID AND AWARDING A CONTRACT TO NEW
CENTURY CONSTRUCTION & CONSULTING, INC. FOR THE TOTAL BID AMOUNT OF $193,810.00 FOR THE CONSTRUCTION OF THE ARKELIAN PARK RESTROOM, (2) AUTHORIZING A CONTINGENCY FOR CONTRACT CHANGE ORDERS UP TO 10% OF THE CONTRACT AMOUNT, AND (3)

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City of Livingston intends to use local funding sources to construct the Arakelian Park Restroom, including the City’s Community Facilities District Fund; and WHEREAS, the major work consists of demolishing the existing restroom building and surrounding concrete sidewalk and building a concrete masonry unit (CMU) restroom building with men and women ADA facilities, and surrounding sidewalk at Arakelian Park in the City of Livingston; and
WHEREAS, the Invitation to Bid for the Arakelian Park Restroom Project was advertised in the Merced Sun Star on September 24, 2025, October 1, 2025, and October 8, 2025; and WHEREAS, a total of seven (7) bids were received and read aloud at 2:00 p.m. on October 15, 2025, at the City of Livingston City Hall, the advertised bid opening date and time. The bid results are as listed below:

Contractor Bid
New Century Construction, Inc $ 193,810.00
DGN Builds, Inc $ 217,000.00
PIK Construction, Inc. $ 217,500.00
BZ Construction $ 249,805.00
KHB Commercial $ 259,955.00
TBS Contractors $ 297,224.50
Rolfe Construction $ 445,543.00
WHEREAS, the Engineer’s Estimate was $220,575.00; and
WHEREAS, the bids have been reviewed by the City Engineer, and New Century Construction, Inc. submitted the lowest responsive and responsible bid; and WHEREAS, it is in the best interest of the City of Livingston to award the Arakelian Park Restroom contract to New Century Construction, Inc. as it is the lowest responsive and responsible bid; and WHEREAS, funding for this project was encumbered in fiscal year 2025/2026 in the Community Facilities District Fund (1213-475-7401) for the recommended contract amount and 10% construction contingency; and
WHEREAS, the City Council of the City of Livingston accepts the bid from New Century Construction, Inc. and now desires to enter into an agreement to construct the project.

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.

Item 7.4
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Page 2 of 2 ends

2. Awards the Arakelian Park Restroom contract to New Century Construction, Inc., in the total bid amount of one hundred ninety-three thousand eight hundred ten dollars ($193,810.00) from the approved Fiscal Year 2025/2026 budget in the Community Facilities District Fund (1213-475-7401), which construction contract is attached hereto as Exhibit “A” 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 in the amount not to exceed $19,381.00 from the approved Fiscal Year 2025/2026 budget in the Community Facilities District Fund (1213-475- 7401).

4. Authorizes the City Manager to execute the agreement for construction of the Arakelian Park Restroom Project.

5. This resolution will become effective immediately.

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 Tran, City Attorney
Item 7.4
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ABSTRACT OF BIDS FOR CITY OF LIVINGSTON
Arakelian Park Restroom
Bid Opening: October 15, 2025 @ 2:00 p.m.

Item
No. Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 1 LS 10,000.00 10,000.00 10,000.00 10,000.00 9,500.00 9,500.00 7,000.00 7,000.00 8,271.00 8,271.00 10,000.00 10,000.00 2 1 LS 22,500.00 22,500.00 10,500.00 10,500.00 8,600.00 8,600.00 35,000.00 35,000.00 19,977.00 19,977.00 58,954.00 * 58,954.00 3 1 LS 120,000.00 120,000.00 134,497.50 134,497.50 65,000.00 65,000.00 123,500.00 123,500.00 177,253.00 177,253.00 138,233.00 138,233.00 4 525 SF 23.00 12,075.00 22.50 11,812.50 33,500.00 40.00 21,000.00 26.00 13,650.00 26.32 * 13,818.00 5 1 LS 7,000.00 7,000.00 3,500.00 3,500.00 30,000.00 30,000.00 6,000.00 6,000.00 8,207.00 8,207.00 12,975.00 12,975.00 6 1 LS 4,000.00 4,000.00 3,500.00 3,500.00 28,000.00 28,000.00 6,000.00 6,000.00 4,382.00 4,382.00 12,975.00 12,975.00 7 1 LS 45,000.00 45,000.00 20,000.00 20,000.00 40,000.00 40,000.00 19,000.00 19,000.00 18,065.00 18,065.00 13,000.00 13,000.00 $220,575.00 $193,810.00 * $214,600.00 * $217,500.00 $249,805.00 * $259,955.00 Valley 29 Electric, LLC Triad Metal Contractors Johnson Industrial Modesto Sand & Gravel Excel Air Solutions Johnson Industrial, Inc. Modesto Sand & Gravel RF General Engineering River City Plastics Murphy Specialties Inc. Meyers Construction American Sheet Metal Cornerstone Masonry, Inc. Excel Air Solutions Joaquin Painting Rivas Construction Company American Sheet Metal Coast Building Products Mc Phee Masonry Inc. KC&S Construction
Johnson Industrial Modesto Sand & Gravel
RF General Engineering
Ridge Line
Valley Electric
Johnson Industrial
DL Masonry
Innovative Drywall
* Clerical Error
Electrical Improvements
Subcontractors Listed:

Stockton, CA 95213 Sacramento, CA 95842
Item Description
Quantity
and Unit
Turlock, CA 95380

BID TOTAL
Connect to Existing Water
Engineer's Estimate
Connect to Existing Sewer
Mobilization
Demolition and Earthwork
Construct Restroom Building
Construct Sidewalk
KHB Construction, Inc.
311 Pine Street
Ceres, CA 95307 Ripon, CA 95336
2204 Fairview Dr.

Barham Inc. dba BZ
Construction
3208 Liberty Square Parkway
New Century Construction &
Consulting, Inc. DGN Builds Inc PIK Construction, Inc.
2536 Squall Way 5616 Tarwood Way
1 Item 7.4
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ABSTRACT OF BIDS FOR CITY OF LIVINGSTON
Arakelian Park Restroom
Bid Opening: October 15, 2025 @ 2:00 p.m.

Item
No. Unit Price Amount Unit Price Amount Unit Price Amount 1 1 LS 10,000.00 10,000.00 9,375.00 9,375.00 14,287.00 14,287.00 2 1 LS 22,500.00 22,500.00 45,635.00 45,635.00 26,858.00 26,858.00 3 1 LS 120,000.00 120,000.00 203,275.00 203,275.00 346,113.00 346,113.00 4 525 SF 23.00 12,075.00 22.98 12,064.50 50.50 26,512.50 5 1 LS 7,000.00 7,000.00 3,750.00 3,750.00 3,276.50 3,276.50 6 1 LS 4,000.00 4,000.00 3,750.00 3,750.00 3,276.00 3,276.00 7 1 LS 45,000.00 45,000.00 19,375.00 19,375.00 25,220.00 25,220.00 $220,575.00 $297,224.50 $445,543.00
Excel Air Solutions American Elite Electric
Climer Drywall, Inc. MLT Construction, Inc.

Kings Roofing
DL Masonry
KC&S Construction Specialties
Electrical Improvements

BID TOTAL
Subcontractors Listed:

Demolition and Earthwork
Construct Restroom Building
Construct Sidewalk
Connect to Existing Sewer
Connect to Existing Water
Merced, CA 95341 Atwater, CA 95301
Item Description
Quantity
and Unit
Mobilization
Taylor Backhoe Service, Rolfe Construction, Inc.

Engineer's Estimate 1605 E. Gerard Avenue 3573 Southern Pacific Ave 2 Item 7.4
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Project No.: 655.10 Contract No.: 655.10-2025
Project Manager: José A. Ramírez, City Manager
01424.0001/923138.1 1

PUBLIC WORKS AGREEMENT

BETWEEN CITY OF LIVINGSTON AND NEW CENTURY CONSTRUCTION & CONSULTING, 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 New Century Construction & Consulting, 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 ARAKELIAN PARK RESTROOM (“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, Item 7.4
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General Provisions, Special Provisions, Plans, Drawings, and Addenda, and any other documents 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 Item 7.4
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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. (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 Item 7.4
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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.

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 Item 7.4
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contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

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.

Item 7.4
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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 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 Item 7.4
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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. (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.

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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 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 one hundred ninety-three thousand eight hundred ten dollars ($193,810.00) 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.

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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.

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 forty (40) 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 Five Hundred Dollars and Zero Cents ($500.00) for 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.

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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 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:

Denise Jacobo President
(Name) (Title)
(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.

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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.

4.3 Project Manager.

The Project Manager shall be José A. Ramírez, City Manager 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 Item 7.4
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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 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 Item 7.4
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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 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 Item 7.4
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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.
(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.

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(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.
(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 Item 7.4
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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.

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.

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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 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 Item 7.4
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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, 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.

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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 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.

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(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 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.

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(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 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 Item 7.4
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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. (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 Item 7.4
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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.

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 Item 7.4
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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.

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.

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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 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:

New Century Construction & Consulting,
Inc.

License Number: 1081711
DIR Number: 2000003794
UEI Number:
*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:
_____________________________________
_____________________________________
_____________________________________
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*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.

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EXHIBIT A
CONTRACTOR’S BID
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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.

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7\ Q I
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PROPOSAL TO THE CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS
KHB Construction Inc.

NAME OF BIDDER ____________________ _
BUSINESS P.O. BOX ___________________ _
CITY, STATE, ZIP Ripon, CA 95366
(Please include even if P.O. Box used)
BUSINESS STREET ADDRESS ---331 -Pine -St. ------------
CITY, STATE, ZIP Ripon, CA 95366
TELEPHONE NO.: AREA CODE ( 209) ___
599__-5_5 _0 0 _________ _
FAX NO.: AREA CODE ( ) __________ _
CONTRACTOR LICENSE NO.: 1070537 --------------------
Department of Industrial Relations (DIR) Registration No.: 1000961088 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 September 2025 and are entitled:

PROJECT #655.10

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

ARAKELIAN PARK RESTROOM
BID 1 of 13
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1 STAFF REPORT
AGENDA ITEM: Public Hearing - Approval to Introduce and Waive the First Reading, Repealing Ordinance No. 650, And Amending Title 4, Chapter 1 of the Livingston Municipal Code Building
Administration Codes and adopting by Reference the
California Code of Regulations Title 24, 2025 Edition of the California Building Standards and the 2024 Edition
International Property Code, and to Set a Public Hearing for December 2, 2025, at 7:00 P.M. to Waive the Second Reading and Adopt the Ordinance.

MEETING DATE: November 18, 2025
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDED ACTIONS:

1. Find that the proposed ordinance amendment is exempt under the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15061(b)(3)

2. Introduce and Waive the first reading of the Ordinance amending Title 4, Chapter 1 of City of Livingston Municipal Code, Repealing Ordinance No. 650, and Replacing Livingston Municipal Code, Title 4, Chapter 1, “Building Administration Codes” to Adopt the 2025 California Building Code, 2025 California Mechanical Code, 2024 International Property Maintenance Code, 2025 California Plumbing Code, 2025 California Electrical Code, 2025 California Historical Building Code, 2025 Energy Code, 2025 California Green Building Standards Code, 2025 California Fire Code, 2025 California Residential Building Code, 2025 California Wildland-Urban Interface code and all appendices attached thereto.

3. Set a Public Hearing for December 2, 2025, at 7:00 PM, to waive the second reading and adopt the ordinance.

BACKGROUND AND DISCUSSION:

The California Building Standards Commission (BSC), an entity within the California Consumer Services Agency, develops the California Building Standards Code known as the California Code of Regulations (CCR) Title 24. Cities and Counties are required by state law to enforce the CCR Title 24 (Health and Safety Code Sections: 17950, 17958, 17958.5, 17958.7, 17960, 18938(b), 18941, 18948 and 18951.5).

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2 The BSC develops the State’s Building Standards by amending the existing model codes, known as the International Building Codes, which are enforced nationally, and publishes the amendments along with the body of the model codes in twelve parts. The BSC adopted and approved the 2025 Edition of the California Building Standards, CCR Title 24, Parts: 1, 2, 2.5, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 and published them on July 1, 2025, and with an effective of January 1, 2026.

The twelve CCR Title 24 parts are as follows:

Part 1, 2025 California Administrative Code
Part 2, 2025 California Building Code, Vol. 1, and Vol. 2 Part 2.5, 2025 California Residential Code
Part 3, 2025 California Electrical Code
Part 4, 2025 California Mechanical Code
Part 5, 2025 California Plumbing Code
Part 6, 2025 California Energy Code
Part 7, 2025 California Wildland-Urban Interface Code (new) Part 8, 2025 California Historical Building Code
Part 9, 2025 California Fire Code
Part 10, 2025 California Existing Building Code
Part 11, 2025 California Green Building Standards Code
Part 12, 2025 California Referenced Standards Code
The California Building Standards Commission (CBSC) is the responsible State body for all building code development. Every three (3) years, the CBSC conducts code development hearings to gain input from developers, building officials, local and state government leaders, and other interested parties to review the Building Code Standards for the State of California. These standards contain the minimum building requirements for the State of California and are automatically adopted by local jurisdictions. Although each new edition contains minor technical changes, these changes can be incorporated in the design of the projects and do not have a significant impact on constructability.

ANALYSIS:

The objective is to produce a practical building code that ensures public safety while implementing the most efficient technology available to conserve the state’s natural resources and energy use.

California’s building code is applicable to virtually every commercial and residential structure in the state.

It is mandatory that each jurisdiction within the State of California implement these codes. In order to effectively accomplish this, each jurisdiction must adopt rules and requirements for administering these codes. Title 4 of the Livingston Municipal Code contains the City’s Building regulations. The proposed ordinance would adopt by reference several State of California building-related codes contained in Title 24 of the California Code of Regulations, including the California Building Code, the California Mechanical Code, the International Property Maintenance Code, the California Plumbing Code, the California Electrical Code, the California Historical Building Code, the California Energy Code, the California Green Building Standards Code, the Fire Code, and the California Residential Building Code.

The BSC does not mandate the adoption of specific administrative provisions within the model codes. Therefore, cities and counties must adopt ordinances specifically stating how they will Item 8.1
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3 administer the State’s Building Standards. This allows local jurisdictions to make changes appropriate to each jurisdiction’s need.

A local jurisdiction may adopt by reference the California Building Standards pursuant to Health and Safety Code section 17958 and Government Code section 50022.2. Notice of the adoption by reference must comply with Government Code sections 50022.3 and 6066.

Attached to this item, as Attachments 1 and 2, are the official bulletins issued by the BSC to the local jurisdictional Building Officials and other interested parties. The bulletin provides the local jurisdictions with the statewide effective date, availability of the code, and the notification of enforcement responsibility.

Key changes from the 2022 adoption to 2025 Code editions include:
 Amendment to the 2025 California Building Code Part 1, to clarify and provide consistency between the codes for fire resistive requirements supporting fire-rated construction.  Adoption of the 2025 California Building Code Part 2 Appendix H Signs, to provide specific code provisions for the installation of signs.
 Amendment to the 2025 California Electrical Code Part 3, clarifying the separation requirement for conductors of different services, to provide additional safety to service personnel when working on electrical equipment.
 Retain previously adopted local amendments to the 2022 California Building Code Part 2 with Mid-Cycle Supplement, to retain Berkeley’s more stringent requirements for repairs to existing buildings, technical amendments to structural standards, Exterior Elevated Elements (E3) technical amendments, and
Assembly Bill 130
Assembly Bill 130 (signed into law June 30, 2025) introduces significant reforms to how California adopts and applies building codes, particularly for residential development. Its purpose is to provide certainty for builders, reduce costs tied to frequent code changes, and align regulations with housing and climate goals. See Attachment 3 - California Building Standards Commission Information Bulletin 25-03:

Key Provisions:

1. Moratorium on Residential Building Code Changes
• From October 1, 2025, to June 1, 2031, state and local agencies may not adopt new or amended building standards affecting residential units. • Intended to prevent costly mid-cycle changes that disrupt housing projects.

2. Exceptions to the Moratorium
• Emergency health & safety standards.
• Amendments from the State Fire Marshal, including Wildland–Urban Interface (WUI) fire safety.
• Home hardening (fire safety) requirements.

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4 • Changes tied to an adopted General Plan greenhouse gas reduction strategy (e.g., mixed-fuel or all-electric policies).

3. Model Home Compliance Provision
• Builders may use the building codes in effect at the time a model home design is approved for up to 10 years (or until project completion, whichever comes first). EX: Building permit applications dated after 1/1/2026 for Individual Lots will be allowed to use the approved 2022 building code edition Master Plans for that approved development until expiration.
• If the design is substantially changed, the updated codes will apply. • This provision ensures predictability and reduces redesign costs.

Copies of the 2025 CCR Title 24 and 2021 IPMC are available for review at the City of Livingston’s Community Development Department located at 1416 C Street, Livingston, CA 95334. The 2025 CCR Title 24 is also available on the BSC’s website: https://www.dgs.ca.gov/BSC/Codes . The 2024 IPMC is available on the International Code Council’s website:
https://codes.iccsafe.org/content/IPMC2021P1.

ENVIRONMENTAL ASSESSMENT:

Adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that the ordinance may have a significant effect on the environment.

POLICY ISSUE:

An update to Title 4 of the Livingston Municipal Code is mandated as a result of the State’s update to the CCR. Up-to-date building standards, reflecting local business practices, are necessary to ensure the development of a safe and healthy community.

In accordance with Government Code Section 50022.3, the City Council must schedule a public hearing after the first reading of the title of the proposed ordinance. The Ordinance and Code needs to be available for public review at least 15 days before the public hearing. The public notice of the consideration of the ordinance for adoption needs to be published once a week for 2 weeks prior to the hearing. The Public Hearing Notice was scheduled to be published on October 29, 2025. The public hearing date of November 18, 2025, will allow enough time for the City to meet the public notice requirements of Government Code Sections 6066, 50022.3, and 50022.6.

FISCAL IMPACT:

The cost of preparing and implementing the proposed ordinance amendment, including public notices, purchasing of new code books, and staff training are covered through existing appropriations in the Community Development Department’s Building Permits Contract Services Fund.

STAFFING IMPACT:

Staff is required to undertake training as a result of the BSC’s adoption of the 2025 Edition of the California Building Standards. Staff will participate in training opportunities offered by International Code Council (ICC) and California Building Officials (CALBO). The cost of training is covered by Item 8.1
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5 CSG Consulting, Inc., the contracting agency that provides building permitting services.

ATTACHMENT(S):

1. California Building Standards Commission Information Bulletin 25-01

2. California Building Standards Commission Information Bulletin 25-02

3. California Building Standards Commission Information Bulletin 25-03

4. Proposed Title 4 Ordinance Amendment
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ATTACHMENT 4
ORDINANCE NO. ___

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING TITLE 4, CHAPTER 1 OF THE CITY OF LIVINGSTON MUNICPAL CODE, REPEALING ORDINANCE NO. 650 AND REPLACING LIVINGSTON MUNICIPAL CODE TITLE 4, CHAPTER 1, “BUILDING ADMINISTRATION CODES” TO ADOPT THE 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE, 2025 CALIFORNIA BUILDING CODE, 2025 MECHNICAL CODE, 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE, 2025 CALIFORNIA MECHANICAL CODE, 2025 CALIFORNIA PLUMBING CODE, 2025 CALIFORNIA ELECTRICAL CODE, 2025 CALIFORNIA HISTORICAL BUILDING CODE, 2025 ENERGY CODE, 2025 CALIFORNIA GREEN BUILDING CODE, 2025 CALIFORNIA FIRE CODE, AND 2025 CALIFORNIA RESIDENTIAL BUILDING CODE AND ALL APPENDICES ATTACHED THERETO.

WHEREAS, the purpose of this Ordinance is to adopt by reference the 2025 edition of the California Building Standards Code, Title 24, California Code of Regulations – Part 2, Volume I & II (California Building Code); Part 4 (California Mechanical Code); Part 5 (California Plumbing Code); Part 3 (California Electrical Code); Part 6 (California Energy Code); Part 7 (California Wildland-Urban Interface Code; Part 11 (California Green Building Standards Code); Part 2.5 (California Residential Building Code); and Part 9 (2019 California Fire Code), subject to the definitions, clarifications, and the amendments set forth in this Ordinance; and WHEREAS, this Ordinance will establish minimum building requirements and standards for the protection of public safety, health, property, and welfare of the City of Livingston. This Ordinance is adopted under the authority of Government Code section 50022.2 and Health and Safety Code section 17950 et seq.; and
WHEREAS, the amendments proposed by this Ordinance are exempt from California Environmental Quality Act (“CEQA”) requirements pursuant to Section 15061(b)(3) of the CEQA Guidelines because as a series of text amendments and additions, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment and furthermore the Ordinance is not a project under Section 15378(b)(5) of the CEQA Guidelines.

WHEREAS the amendments to either the building standards, including green building standards, and the adoption of appendices for residential construction contained in Title 24, or the regulations of the Department of Housing and Community Development contained in Title 25, are reasonably necessary because of local climatic, geological, or topographical conditions. HSC, Sections, 17958.5 and 17958.7(a). There is an exception in Title 25, Section 52 to the requirement for an express finding where alternate abatement procedures are determined by the local enforcement agency to be the equivalent of those contained in Title 25

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA, DOES ORDAIN as follows:

SECTION 1. Recitals. The foregoing recitals are true and correct and are made a part of this Ordinance.

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SECTION 2. Findings. The City Council hereby finds as follows:

A. CEQA Compliance. The proposed amendments in this Ordinance are exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment and also under CEQA Guidelines Section 15378(b)(5), as the amendments are not considered a project. The proposed amendments to the Livingston Municipal Code are a government administrative activity that will not result in direct or indirect physical changes in the environment.

B. General Plan Consistency. The amendments made to the Livingston Municipal Code pursuant to this Ordinance are consistent with the adopted 1999 General Plan. The amendments will not be causing any changes in conflict with the City’s General Plan and will promote public safety.

C. Publication. Notice required pursuant to Government Code sections 6066 and 50022.3, of this Ordinance is deemed sufficient to give notice to interested persons of the purpose of the Ordinance and the subject matter contained herein.

SECTION 3. Livingston Municipal Code. Ordinance No. 650 is hereby repealed in its entirety and Title 4, Chapter 1 of the Livingston Municipal Code entitled “Building Administration Codes” shall be replaced with the following:
“TITLE 4: BUILDING REGULATIONS
CHAPTER 1:

BUILDING ADMINISTRATION CODES
Section
4-1-1 Administration and Enforcement
4-1-2 Definitions
4-1-3 California Building Code
4-1-3-1 Permit Procedure
4-1-3-2 Additional Permit Requirements
4-1-4 California Mechanical Code
4-1-5 International Property Maintenance Code
4-1-6 California Plumbing Code
4-1-7 California Electrical Code
4-1-8 California Historical Building Code
4-1-9 California Energy Code
4-1-10 California Green Standards Code
4-1-11 California Fire Code
4-1-12 California Residential Building Code
4-1-13 California Wildland-Urban Interface Code
§ 4-1-1: ADMINISTRATION AND ENFORCEMENT.

The building division is hereby established within the Community Development Department under the supervision of the chief building official.

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§ 4-1-2: DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BOARD OF APPEALS. Whenever the term BOARD OF APPEALS appears in this chapter or in any of the codes referred to
herein, it shall mean the City Council, sitting as an
appeals board.

BUILDING OFFICIAL, Whenever the terms BUILDING OFFICIAL, ADMINISTRATIVE ADMINISTRATIVE AUTHORITY, CHIEF or CODE
AUTHORITY, CHIEF OFFICER. ENFORCEMENT OFFICER appear in OR CODE this chapter, or in any of the codes hereinafter ENFORCEMENT referred to, they shall mean the building official, administrative authority or code enforcement officer
as referred to in the code, and any assistant deputy
or employee assigned to the building inspection
section and designated by the director of community
development department to serve in such capacity.

CONSTRUCTION. Whenever the term CONSTRUCTION appears in this chapter or in any of the codes referred to herein, it shall include construction, erection, modification,
enlargement, alteration, conversion, additions, or
movements of structures.
§ 4-1-3 CALIFORNIA BUILDING CODE.

The city hereby adopts the 2025 California Building Code, with appendices, and any subsequent amendments and/or new editions and is hereby made a part of this chapter as if fully set forth herein, except that neither this nor any future adoptions shall have any effect on the enforceability of §§ 4-1-3-1 and 4-1-3-2 of this code. The city hereby reaffirms all previously made and legally required findings relating to those code sections.
§ 4-1-3-1 PERMIT PROCEDURE.
(A) Permit required. As per most current codes.
(B) Fee required. As per most current codes or as amended by resolution. (C) Planning Review.

1. Permit applications: All permit applications shall be reviewed by the City Planner to determine whether the proposed work is in conformance with Title 5 of this code and whether any Title 5 requirements are to be included in the permit terms and conditions.

2. Written Appeal: City Planner determination. If the permit applicant or any other person is not satisfied with the City Planner’s determination, written appeal must be filed with the Secretary of the Planning Commission, or the City Clerk in the Secretary’s absence, within ten days of the City Planner’s determination. The appeal must set forth the specific reasons Item 8.1
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why the appellant believes the determination to be incorrect. The City Planner or the Secretary to the Planning Commission is authorized under § 5-6-6(A) of this code to set the public hearing for the appeal.

3. Written Appeal: Planning Commission’s decision. If the appellant or any other person is not satisfied with the Planning Commission’s decision, written appeal must be filed with the City Clerk within ten days of the Planning Commission’s decision. The appeal must set forth the specific reasons why the appellant believes the decision to be incorrect. Upon receipt of the appeal, the City Clerk shall direct the Planning Commission to submit a report to the City Council setting for the Planning Commission’s action, the findings upon which the action was based, and a summary of the evidence which supports each of the findings and responding to the appellant’s specific reasons set forth in his or her appeal. Upon receipt of the Planning Commission’s report, the City Clerk is authorized under §5-6-6(A) of this code to set the public hearing for the appeal.

4. Determination or Decision not Appealed: Any determination or decision not appealed within the time specified and the decision of the City Council shall be final and conclusive as to the zoning issues and matters covered in that determination or decision. Such zoning issues and matters which are made a part of the permit terms and conditions may not later be appealed to the Board of Appeals under any code referred to in this title.

5. Judicial Review: The time to appeal a decision of the City Council pursuant to this chapter shall be governed by the provisions of Cal.

Code of Civil Procedure § 1094.6 as currently enacted.
§ 4-1-3-2 ADDITIONAL PERMIT REQUIREMENTS.

Waste collection: the building official, depending on the magnitude of a construction project, may require the permit applicant(s) to locate on site a waste collection bin large enough to receive construction materials. Permit applications for extensive remodeling, i.e., reroofing, interior-exterior wall covering removal and the like, shall be required to have a waste collection bin on site prior to the issuance of a building permit. All waste materials to be disposed of shall be placed within this bin and removed from the site by the bin provider. § 4-1-4 CALIFORNIA MECHANICAL CODE.

The city hereby adopts the 2025 California Mechanical Code, with appendices, and any subsequent amendments and/or new editions and is hereby made a part of this chapter as if fully set forth herein.
§ 4-1-5 INTERNATIONAL PROPERTY MAINTENANCE CODE.

The city hereby adopts the 2024 International Property Maintenance Code, with appendices, and any subsequent amendments and/or new editions and is hereby made a part of this chapter as if fully set forth herein. § 4-1-6 CALIFORNIA PLUMBING CODE.

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The city hereby adopts the 2025 California Plumbing Code, with appendices, and any subsequent amendments and/or new editions and is hereby made a part of this chapter as if fully set forth herein.
§ 4-1-7 CALIFORNIA ELECTRICAL CODE.

The city hereby adopts the 2025 California Electrical Code, with appendices, and any subsequent amendments and/or new editions and is hereby made a part of this chapter as if fully set forth herein.
§ 4-1-8 CALIFORNIA HISTORICAL BUILDING CODE.

The city hereby adopts the 2025 California Historical Building Code, with appendices, and any subsequent amendments and/or new editions and is hereby made a part of this chapter as if fully set forth herein. § 4-1-9 CALIFORNIA ENERGY CODE.

The city hereby adopts the 2025 California Energy Code, with appendices, and any subsequent amendments and/or new editions and is hereby made a part of this chapter as if fully set forth herein.
§ 4-1-10 CALIFORNIA GREEN BUILDING STANDARDS CODE.

The city hereby adopts the 2025 California Green Standard Code, with appendices, and any subsequent amendments and/or new editions and is hereby made a part of this chapter as if fully set forth herein. § 4-1-11 CALIFORNIA FIRE CODE.

The city hereby adopts the 2025 California Fire Code, with appendices, and any subsequent amendments and/or new editions and is hereby made a part of this chapter as if fully set forth herein.
§ 4-1-12 CALIFORNIA RESIDENTIAL BUILDING CODE.

The city hereby adopts the 2025 California Residential Building Code, with appendices, and any subsequent amendments and/or new editions and is hereby made a part of this chapter as if fully set forth herein. § 4-1-13 CALIFORNIA WILDLAND-URBAN INTERFACE CODE
The city hereby adopts the 2025 California Wildland-Urban Interface Code, with appendices, and any subsequent amendments and/or new editions and is hereby made a part of this chapter as if fully set forth herein.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality.

American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.”
SECTION 2. Severability. If any part, section, subsection, sentence, clause, phrase, or portion of this chapter is, for any reason held to be invalid, ineffective, or unconstitutional by the Item 8.1
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decisions of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted this chapter, and any part, section, subsection, sentence, clause, phrase or portion of this chapter, irrespective of the fact that any one (1) or more parts, sections, subsections, sentences, clauses, phrases, or portions of this chapter are judicially determined to be invalid, ineffective or unconstitutional.

SECTION 3. Effective Date. A summary of this Ordinance shall be published by one insertion in Merced Star, a newspaper of general circulation, printed and published in the City, within fifteen (15) days after its final passage and shall become effective thirty (30) days after its final passage and adoption.

SECTION 4. Severability. If any section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.

Introduced: November 18, 2025
Passed and Adopted:

JOSE MORAN, Mayor
of the City of Livingston
ATTEST:
______________________________
Monica Cisneros, Deputy City Clerk
APPROVED AS TO FORM:
______________________________
Marc Barraza Tran, City Attorney
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1 STAFF REPORT
AGENDA ITEM: Public Hearing – Consideration of a Preferred Land Use Alternative for the City of Livingston 2040 General Plan Update.

MEETING DATE: November 18, 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).

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.

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2 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 section C.3.6 below.

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, 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

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3 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 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), 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 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 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.

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4 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 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 Item 8.2
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5 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 in 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.

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 Item 8.2
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6 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 uses 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 planning transportation facilities. • Developer/property owner interest and commitment.
• Protection of agricultural and cultural resources.
• 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 Item 8.2
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7 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 what 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
1 8,667 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. 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.

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8 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 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 Item 8.2
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9 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 the 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 the 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

1. A comparative buildout table for the three land use alternatives and the Planning Commission’s preferred land use alternative is included as Attachment 8 - The Planning Commission recommended Preferred Land Use Alternative to the City Council for the Item 8.2
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10 proposed 2040 General Plan Update.

7. August 5, 2025, City Council Meeting
On August 5, 2025, the City’s General Plan consultants presented the Planning Commission’s recommended Preferred Land Use Alternative for the Council’s consideration and discussed further modifications to the preferred alternative map that consider:
• Councilmember, public comment, and stakeholder feedback • Future development opportunities
• Water and farmland sustainability
• Additional modifications recommended by City staff.

8. Staff Recommendations
In addition to the Planning Commission’s recommendation. staff has the following additional suggestions for consideration:
a) Expanding the sphere west of the City’s wastewater treatment plant to incorporate City owned property within the City’s Sphere of Influence.
b) 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.
c) Designating the vacant Gallo properties along B Street as a potential specific plan area with mixed use development.
d) Designating the future Ace Train Station area as a public facility. e) Designating future park and school sites in areas outside of the city limits, but within the Sphere of Influence.
f) Inclusion of a Business Park designation to accommodate both diverse job growth and attractive business development sites
g) 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.

9. Merced County Farm Bureau

2. On September 29, 2025, City staff met the Merced county Farm Bureau Executive Director and Board of Directors. City staff described proposed policies that would be incorporated in the General Plan to mitigate impacts to ongoing farming practices. In addition, the Farm Bureau requested consideration of additional items as described in their letter dated September 29, 2025. See Attachment 9, Letter from the Merced County Farm Bureau dated September 29, 2025
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11 ISSUES

1. Proposed City Council Land Use Alternative Map (See Attachment 10- Livingston 2040 GPU City Council Preferred Land Use Alternative (November 2025) City staff considered demographic trends and emerging industries to further refine the land use alternative. With the “aging out” of the “baby boomer” population, the state’s population is expected to slow down and depopulate from current levels. The City is not expected to experience similar growth demands as in the last twenty years.

However, the local employment industry is expected to change from food processing, service and retail industries to new emerging industries that focus on new commerce and new energy industries. To this end, City staff is recommending a new land use designation of Business Park to serve to diversify the current employment market and increase local wages. The City hopes to partner with the local universities to foster job growth in emerging industries who desire research and development opportunities.

The draft City Council Preferred Alternative reflects the following policy considerations :
a) Addition of a Business Park land use designation with a Specific Plan overlay b) Expansion of the mixed use designation north and south of Highway 99 c) Replaced all Urban Reserve designations with Land Uses d) High residential densities consistent with Housing Element sites e) Formal recognition of agricultural land use to the east and south of the City Limits. f) Provide flexible development opportunities while balancing concerns over development of existing agricultural areas.

2. Buildout Projections vs. Carrying Capacity
Mintier Harnish updated the estimates for the buildout of draft City Council Preferred Alternative, see Attachment 11. Livingston Land Use Alternatives Scenarios; Summary Statistics Report These numbers are not intended to represent projected growth rate, but they reflect the carrying capacity of the preferred land use alternative. It serves to describe the General Plan study area. The City is required to conduct a comprehensive environmental assessment to evaluate and reduce impacts on the environment. Conducting a “worst case” environmental assessment for the study area. serves to provide flexibility to City in the future in determining where and when it desires to consider growth as the environmental review process would have already been completed for a larger study area. Development proposals would be able to “tier off” of the adopted Environmental impact report, saving both time and costs.

In addition, utilizing a carrying capacity approach will assist the City in its efforts to update its master infrastructure plans as it will identify long term infrastructure needs and costs.

This would also serve to just any increases to development impact fees meeting Prop 218 requirements. Actual development will continue to be driven by market conditions and not by the City. When actual development is proposed, the carrying capacity evaluation provides flexibility to the City in accommodating the location and type of development that can be approved as the buildout scenario would have been already been evaluated.

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12 3. A buildout table for this alternative is provided below and a build out comparison is included as Attachment 12 -. Summary Buildout Comparison Table.

City Council Preferred Alternative
Population Capacity 52,352
Jobs Capacity 86,475
Total Dwelling Unit Capacity 25,295
Total Land Consumed
(at Full Buildout) 2,065 acres

3. City Council Preferred Land Use Alternative
Although City staff, together with the consultant, and comments from the Council and stakeholders have helped shape the current land use alternative, the City Council can make additional refinements to both the land uses and areas of growth both at this time and later when the General Plan update is brought back to Council for final approval. This preferred land use alternative is meant to provide overall guidance for the development and evaluation of the General Plan area and General Plan policy document. If additional refinements are requested, they can be brought back to Council for consideration. The attached draft City Council Resolution will serve to memorialize the City Council’s approval of a Preferred Land Use Alternative.

4. Professional Services Contract with Mintier Harnish
The Professional Services Contract with Mintier Harnish expired on September 30, 2025.

City will be presenting a new contract The City seeks to enter into a new agreement with Mintier Harnish to continue the scope of work from the previous agreement and addresses the following:
a) Subconsultant Cost Increases: $65,886. As work is progressing, subconsultants (Rincon Consultants and GHD) will be engaged in the preparation of the transportation analyst, environmental impact report, and the general plan. The budget for these consultants is currently based on 2020 numbers. The requested increase is to cover consumer price increase since the contract’s execution date of 2020.
b) Work Beyond Approved Scope of Work.
a. Coordinated and facilitated communication with property owners. $2,135 b. Updated Land use modeling tool from interested owners. $4,350 c. Prepared additional maps for the Planning Commission. $4,325. d. Prepared an annexation and SOI expansion memorandum. $5,255. e. Attended and facilitated additional Planning Commission Meeting. $5,640 c) Prepare and analyze a new City Council Preferred Land Use Alternative. $15,850 Item 8.2
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13 d) Project Management. $16,000
e) The Second Agreement expires November 1, 2027
Staff will bring an agenda for the new contract to the City Council on December 2, 2025, for consideration.

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 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 elements based on the selected scenario, with an initial public review draft anticipated in early 2026.

CORRESPONDENCE
The City has not received any additional correspondence since its receipt of the letter from the Farm Bureau dated September 29, 2025.

PUBLIC NOTICE:

A public hearing notice was published on November 7, 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.

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 the Merced County Farm Bureau dated September 29, 2025

10. Livingston 2040 GPU City Council Preferred Land Use Alternative (November 2025)

11. Livingston Land Use Alternatives Scenarios; Summary Statistics Report

12. Summary Buildout Comparison Table
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Attachment 1
RESOLUTION NO. 2025-

RESOLUTION OF THE CITY OF LIVINGSTON CITY COUNCIL SELECTING A PREFERRED LAND USE ALTERNATIVE FOR USE IN THE UPDATE 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 WHEREAS, a public hearing was held by the City Council on August 5, 2025 to consider the Planning Commission’s recommended Preferred Land Use Alternative for the 2040 General Plan Update; and
WHEREAS, on August 5, 2025, the City Council recommended amendments to the draft preferred Land Use Alternative for the 2040 General Plan Update to be brought back for Council consideration; and
WHEREAS, a public hearing was advertised in the Merced Sun Star on November 7, 2025, announcing that the City will be considering a Preferred Land Use Alternative for the 2040 General Plan Update; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston does as follows:

1. The City Council hereby selects the Preferred Land Use Alternative for the General Plan Update, which is reflected on attached Exhibit A as amended.

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

3. 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. The City Council 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 18th day of November 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
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of the City of Livingston

APPROVED AS TO LEGAL FORM
____________________________________
Marc Barraza Tran, City Attorney
of the City of Livingston
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Attachment
2 Item 8.2
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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.

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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 Item 8.2
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1 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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2 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 Item 8.2
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3 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 3 047-170-020 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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4 Figure 1: Property Owner Requests
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5 Figure 2: Alternative 1
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6 Figure 3: Alternative 2
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7 Figure 4: Alternative 3
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Attachment 6
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99 ¯
0 0.25 0.5 1
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 Item 8.2
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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 8
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(209) 723-3001 ● Fax: (209) 722-3814 ● 646 South Highway 59 ● P.O. Box 1232 ● Merced, CA 95341 Email: [email protected]
www.mercedfarmbureau.org
September 29, 2025
City of Livingston
1416 C Street
Livingston, Ca 95334
Dear City Manager Ramirez,
Merced County Farm Bureau (MCFB) has a long history of monitoring the actions taken by the jurisdictions within our county. We find that it is more beneficial to have an open-door policy, rationally talking about issues ahead of time rather than approaching at the last minute. Merced County Farm Bureau (MCFB) is a non-profit, non-governmental, grassroots organization that advocates for approximately 1,000 farmers, ranchers, and dairy families that live and/or work in Merced County.

We appreciate the time and effort of City Manager Jose Ramirez, City Planner Miguel Galvez and Senior Administrative Analyst Martha Abeloe to meet with our organization on Friday, September 19, 2025. We feel this meeting opened the door for a long-term relationship, paving the way for both parties to understand each other’s viewpoints. While we may not always agree, we believe there will be cases where our organization and the City can come together. We are encouraged to progress forward with additional dialogue.

We appreciate the City’s interest in considering the following policies:
• Incorporating right-to-farm notices on new development projects. • Incorporating setback buffers between active farmland and high population land uses. • Incorporating goals and programs for development of farm worker housing. • Incorporating policies to support economic diversification. • Promotion of supportive agricultural land uses (e.g. value-added food processing).

As mentioned during our conversation, it concerns our organization that there is a “race to Sultana.” While we understand the desire for both Atwater and Livingston to develop in the area due to freeway access, we have concerns that additional traffic will congest an already busy junction. This has become a heavy trucking route for agricultural companies to get from one side of Highway 99 to the other. We would prefer to see this area, between Sultana to Westside, considered a green zone by all parties – cities of both Livingston and Atwater and Merced County. Our organization commits to holding conversations with each of these jurisdictions regarding this proposal.

We understand the pressure being placed on the City from the state; however, MCFB will always stress in-fill before annexation or additional growth. In review of the proposed maps, we would prefer to see the Planning Area brought in, drawing a boundary at Hunter Road instead of Sultana Road. It has also been brought to our attention that individuals have requested to be annexed into the City. We understand that viewpoint; however, we want to pause as a hopscotch effect could occur, leading to unbalanced growth.

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MCFB encourages consideration for ag mitigation within the General Plan. Agriculture mitigation is only a tool in the toolbox as a 1:1 mitigation still has loss of productive farmland. MCFB would be willing to work with the City in this endeavor.

We find concerns in other areas of grave importance to the City and its residents. A revenue sharing agreement between the City and Merced County is decades old. The City is in the process of standing up their own fire department, moving away from the CalFire structure implemented by Merced. Finally, large growth will require additional schools as those seem to be at maximum capacity. Water, our greatest resources, is and will always be, a concern of our organization.

Again, we appreciate the opportunity to hold open dialogue with the City and welcome continued conversation on the General Plan and other areas as they permit. Our organization believes that better outcomes can be achieved if the opportunity for discussion is available. Please reach out at your convenience.

Sincerely,
Breanne Vandenberg
Executive Director
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99 ¯
0 0.25 0.5 1
Miles
City Limit
Existing Sphere of
Influence
General Plan Study
Area
Parcels
Land Use
Designations
Community
Commercial
Neighborhood
Commercial
Service Commercial
Highway Commercial
Mixed Use
Estate Residential
Low Density
Residential
Medium Density
Residential
High Density
Residential
Limited Industrial
General Industrial
Business Park
Public Facility
Park/Open Space
Agriculture
Land Use Overlay
Specific Plan
Livingston 2040 General Plan Update: City Council Preferred Alternative (November 2025) Item 8.2
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Livingston Land Use Alternatives Scenarios: Summary Statistics Report Population, people
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Population 17,531.06 21,134.01 30,625.67 32,352.62 52,751.26 Housing, dwelling units
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Dwelling Units 5,314.45 7,521.29 12,224.90 13,438.91 25,294.88 Households, households
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Households 5,079.37 7,156.51 11,572.93 12,717.66 23,869.53 Jobs, jobs
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Employment 5,671.38 18,666.73 18,961.60 26,229.74 86,474.71 Housing by Type, dwelling units
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Large Lot Detached Single-Family Dwelling Units 2,933.27 3,547.33 5,653.98 5,497.32 6,510.72 Small Lot Detached Single-Family Dwelling Units 463.00 456.00 463.00 455.00 444.00 Attached Single-Family Dwelling Units (Townhomes) 185.06 151.80 1,349.51 1,358.69 243.29 All Multifamily Dwelling Units 1,733.12 3,366.16 4,758.41 6,127.91 18,096.87 Total 5,314.45 7,521.29 12,224.90 13,438.91 25,294.89
Jobs by Sector, jobs
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative All Retail Employment 914.33 2,653.32 4,853.65 5,072.72 14,669.06 All Office Employment 956.05 2,201.76 7,059.37 5,703.35 40,730.23 All Public Employment 591.00 10,218.00 1,958.23 10,411.95 25,580.09 All Industrial Employment 3,013.00 3,531.65 4,938.36 4,929.03 5,480.34 All Agriculture Employment 197.00 62.00 152.00 112.00 15.00 Military Employment - - - - -
Total 5,671.38 18,666.73 18,961.60 26,229.05 86,474.71
Building Area: Residential, square feet (millions)
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Large Lot Detached Single-Family Building Area 4.98 7.70 15.81 15.44 19.56 Small Lot Detached Single-Family Building Area 0.46 0.46 0.46 0.46 0.45 Attached Single-Family Building Area 0.35 0.28 2.53 2.55 0.46 Multifamily Building Area 1.63 3.51 5.35 6.86 19.45
Total 7.41 11.96 24.15 25.30 39.92
Building Area: Retail, square feet (millions)
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Retail Services Building Area 0.26 0.55 1.54 1.38 2.63
Restaurants Building Area 0.13 0.34 0.63 0.65 1.62
Arts & Entertainment Building Area 0.00 0.05 0.48 0.38 0.06 Accommodation Building Area 0.30 0.33 0.32 0.33 0.52
Other Retail Building Area 0.11 0.35 0.61 0.66 1.88
Total 0.81 1.61 3.58 3.41 6.71
Building Area: Office, square feet (millions)
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Office Services Building Area 0.19 0.63 2.20 1.75 13.98 Medical Services Building Area 0.31 0.31 0.34 0.33 0.53 Total 0.50 0.94 2.54 2.08 14.51
Building Area: Public, square feet (millions)
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Public Administration Building Area 0.08 2.99 0.49 3.05 7.60 Education Building Area 0.50 1.14 0.59 1.16 2.17
Total 0.58 4.14 1.09 4.21 9.77
Building Area: Industrial, square feet (millions)
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Transportation/Warehouse Building Area 0.86 1.53 3.05 2.85 4.21 Wholesale Building Area 0.00 0.11 0.44 0.31 0.36
Total 0.86 1.65 3.50 3.16 4.58
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Livingston Land Use Alternatives Scenarios: Land Consumption Report Total Land Consumed, acres
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Urban Vacant Land Consumed 2.95 42.91 73.50 81.87 120.18 Urban Redevelopment Land Consumed 12.85 60.30 110.49 140.77 199.39 Agricultural Land Consumed 24.70 254.20 1,060.10 1,031.13 1,531.42 Woodland - - - - -
Other Greenfield Land Consumed 0.15 36.37 79.21 77.44 214.06 Total 40.65 393.78 1,323.29 1,331.20 2,065.05
Urban Land Consumed, acres
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Urban Vacant Land Consumed 2.95 42.91 73.50 81.87 120.18 Urban Redevelopment Land Consumed 12.85 60.30 110.49 140.77 199.39 Total 15.80 103.21 183.99 222.64 319.58
Greenfield Land Consumed, acres
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Agricultural Land Consumed 24.70 254.20 1,060.10 1,031.13 1,531.42 Woodland - - - - -
Other Greenfield Land Consumed 0.15 36.37 79.21 77.44 214.06 Total 24.85 290.57 1,139.31 1,108.56 1,745.47
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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 Preferred PC Alternative Preferred CC Alternative Residential Energy Use 352.53 460.82 739.32 748.45 1246.21 Commercial Energy Use 235.81 628.51 900.17 1015.69 2602.06 Total 588.34 1089.33 1639.49 1764.14 3848.27
Annual Electricity Use, kilowatt-hours / year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Residential Electricity Use 39.20 50.99 82.32 83.15 136.37 Commercial Electricity Use 45.52 122.19 180.02 199.86 497.18 Total 84.72 173.18 262.34 283.01 633.55
Annual Gas Use, therms / year (millions)
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Residential Natural Gas Use 2.19 2.87 4.59 4.65 7.81
Commercial Natural Gas Use 0.81 2.12 2.86 3.34 9.06
Total 2.99 4.99 7.45 7.99 16.87
Per Household Annual Energy Use, british thermal units / household / year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Residential Energy Use per Household 69.40 64.39 63.88 60.37 52.20 Annual Residential Energy Costs, dollars / year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Residential Energy Cost 9.81 12.79 20.60 20.82 34.27
Annual Building Energy GHG Emissions, metric ton / year Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Total Building Energy GHG Emissions 33,509.46 62,416.33 93,978.66 101,139.84 213,290.67 Item 8.2
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Livingston Land Use Alternatives Scenarios: Water Use Report Total Annual Water Use, gallons / year (millions)
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Residential Water Use 558.53 690.79 979.95 1016.08 1344.87 Commercial Water Use 356.52 928.94 719.62 820.31 1728.75 Total 915.05 1619.73 1699.57 1836.39 3073.63
Annual Indoor Water Use, gallons / year (millions)
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Residential Water Indoor Use 335.21 398.59 572.03 583.12 941.97 Commercial Water Indoor Use 342.55 540.82 579.34 674.08 1558.20 Total 677.76 939.41 1151.38 1257.20 2500.16
Annual Outdoor Water Use, gallons / year (millions)
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Residential Water Outdoor Use 223.32 292.20 407.92 432.96 402.91 Commercial Water Outdoor Use 13.97 388.12 140.27 146.23 170.56 Total 237.29 680.32 548.19 579.19 573.46
Annual Residential Water Use, gallons / year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Residential Water Indoor Use 335.21 398.59 572.03 583.12 941.97 Residential Water Outdoor Use 223.32 292.20 407.92 432.96 402.91 Total 558.53 690.79 979.95 1016.08 1344.87
Annual Commercial Water Use, gallons / year (millions)
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Commercial Water Indoor Use 342.55 540.82 579.34 674.08 1558.20 Commercial Water Outdoor Use 13.97 388.12 140.27 146.23 170.56 Total 356.52 928.94 719.62 820.31 1728.75
Per Capita Annual Residential Water Use, gallons / person / year Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Residential Water Use per Capita 31,859.42 32,686.23 31,997.63 32,167.03 25,051.45 Per Household Annual Residential Water Use, gallons / person / year Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Residential Indoor Water Use per Household 65,994.40 55,696.55 49,428.47 47,030.84 39,439.18 Residential Outdoor Water Use per Household 43,966.09 40,829.67 35,247.51 34,919.95 15,911.00 Total 109,960.49 96,526.22 84,675.99 81,950.79 55,350.17 Item 8.2
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Livingston Land Use Alternatives Scenarios: Walk Accessibility Report Parks Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 10 minutes 94% 90% 72% 74% 67%
Schools Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 15 minutes 83% 86% 61% 64% 65%
Hospitals Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 20 minutes 55% 59% 37% 42% 42%
Custom POI #1: Custom POI #1 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 20 minutes 0% 0% 0% 0% 0%
Custom POI #2: Custom POI #2 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 20 minutes 0% 0% 0% 0% 0%
Custom POI #3: Custom POI #3 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 20 minutes 0% 0% 0% 0% 0%
Transit Access: All Stops
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 5 minutes 33% 37% 25% 30% 0%
Transit Access: High-Quality Stops
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 5 minutes 0% 0% 0% 0% 0%
Retail Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 10 minutes 30% 51% 23% 34% 55%
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Livingston Land Use Alternatives Scenarios: Transit Accessibility Report Parks Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 10 minutes 94% 90% 72% 74% 67%
Schools Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 20 minutes 89% 90% 74% 76% 72%
Hospitals Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 30 minutes 84% 86% 56% 61% 58%
Custom POI #1: Custom POI #1 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 30 minutes 0% 0% 0% 0% 0%
Custom POI #2: Custom POI #2 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 30 minutes 0% 0% 0% 0% 0%
Custom POI #3: Custom POI #3 Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 30 minutes 0% 0% 0% 0% 0%
Retail Access
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Percent within 10 minutes 30% 51% 23% 34% 55%
Employment Access: 10+ Percent
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative 10+% of jobs within 30 minutes 98% 97% 98% 99% 87%
Employment Access: 25+ Percent
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative 25+% of jobs within 30 minutes 86% 67% 46% 65% 28%
Employment Access: 50+ Percent
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative 50+% of jobs within 30 minutes 56% 22% 2% 1% 0%
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Livingston Land Use Alternatives Scenarios: Transportation Report Annual VMT, miles / year (millions)
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Annual Total VMT 73.77 86.53 199.29 199.24 357.33
Per Capita Annual Residential VMT, miles / year / person Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Average Annual Residential VMT per Capita 3,895.01 3,201.12 4,905.09 4,582.95 4,181.24 Per Household Annual Residential VMT, miles / year / household Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Average Annual Residential VMT per Household 13,443.34 9,452.05 12,980.43 11,673.84 9,236.84 Travel Mode Share
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Auto 84% 86% 91% 90% 92%
Transit 2% 3% 2% 2% 1%
Walk or Bike 14% 11% 7% 8% 7%
Total 100% 100% 100% 100% 100%
MXD Total Vehicle Trips Daily, trips / day
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Daily MXD Total Vehicle Trips 56,634.76 130,489.69 192,226.67 215,135.26 595,014.82 MXD Total Vehicle Trips Annual, trips / year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Annual MXD Total Vehicle Trips 19.82 45.67 67.28 75.30 208.26 MXD Vehicle Trips Daily Per Capita, trips / day / person Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Average Daily MXD Vehicle Trips per Capita 1.47 1.44 1.91 1.78 1.65 MXD Vehicle Trips Daily Per Household, trips / day / household Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Average Daily MXD Vehicle Trips per Household 5.07 4.26 5.05 4.54 3.64 MXD Vehicle Trips Annual Per Capita, trips / year / person Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Average Annual MXD Vehicle Trips per Capita 513.98 504.37 667.59 623.84 576.38 MXD Vehicle Trips Annual Per Household, trips / year / household Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Average Annual MXD Vehicle Trips per Household 1,773.96 1,489.30 1,766.66 1,589.12 1,273.32 Annual Passenger Vehicle Pollutant Emissions by Type, metric tons / year Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Annual NOx emissions 13.76 16.14 37.16 37.16 66.64
Annual PM10 emissions 3.49 4.09 9.42 9.42 16.89
Annual PM2.5 emissions 1.48 1.74 4.00 4.00 7.17
Annual SOx emissions 0.29 0.33 0.77 0.77 1.38
Annual CO emissions 131.49 154.21 355.19 355.10 636.85
Annual ROG/VOC emissions 15.97 18.74 43.15 43.14 77.37
Total 166.47 195.24 449.70 449.59 806.30
Annual Passenger Vehicle GHG Emissions, metric tons / year Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Annual passenger vehicle emissions 29,842.96 35,001.33 80,616.88 80,596.85 144,545.15 Annual Passenger Vehicle Costs, dollars / year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Transportation Cost 82.05 55.02 121.43 117.33 178.35
Per Household Annual Auto Costs by Type, dollars / household / year Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Auto Auto Fuel Costs per Household 3,294.49 1,568.06 2,139.95 1,930.09 1,528.09 Auto Ownership and Maintenance Costs per Household 12,858.80 6,120.32 8,352.48 7,533.39 5,964.35 Total 16,153.29 7,688.37 10,492.42 9,463.48 7,492.44
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Livingston Land Use Alternatives Scenarios: Emissions Report Annual GHG Emissions by Source
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Annual passenger vehicle emissions 29,842.96 35,001.33 80,616.88 80,596.85 144,545.15 Total Building Energy GHG Emissions 33,509.46 62,416.33 93,978.66 101,139.84 213,290.67 Total Water GHG Emissions 926.37 1,537.33 1,678.30 1,818.58 3,087.48 Total 64,278.79 98,954.99 176,273.84 183,555.28 360,923.31 Annual Passenger Vehicle GHG Emissions, metric tons / year Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Annual passenger vehicle emissions 29,842.96 35,001.33 80,616.88 80,596.85 144,545.15 Annual Building Energy GHG Emissions, metric_ton / year Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Total Building Energy GHG Emissions 33,509.46 62,416.33 93,978.66 101,139.84 213,290.67 Annual Water Energy GHG Emissions, metric_ton / year
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Total Water GHG Emissions 926.37 1,537.33 1,678.30 1,818.58 3,087.48 Per Household Annual GHG Emissions by Source, metric tons Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Annual passenger vehicle emissions per household 5.44 3.82 5.25 4.72 3.74 Annual building energy emissions per household 3.90 3.62 3.59 3.39 2.93 Annual water-energy emissions per household 0.11 0.09 0.08 0.08 0.06 Total 9.44 7.53 8.92 8.19 6.72
Annual Passenger Vehicle Pollutant Emissions by Type, metric tons / year Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Annual NOx emissions 13.76 16.14 37.16 37.16 66.64
Annual PM10 emissions 3.49 4.09 9.42 9.42 16.89
Annual PM2.5 emissions 1.48 1.74 4.00 4.00 7.17
Annual SOx emissions 0.29 0.33 0.77 0.77 1.38
Annual CO emissions 131.49 154.21 355.19 355.10 636.85
Annual ROG/VOC emissions 15.97 18.74 43.15 43.14 77.37
Total 166.47 195.24 449.70 449.59 806.30
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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 Preferred PC Alternative Preferred CC Alternative Residential Water Cost 4.32 5.35 7.59 7.87 10.20
Annual Residential Energy Costs, dollars / year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Residential Energy Cost 9.81 12.79 20.60 20.82 34.27
Annual Passenger Vehicle Costs, dollars / year (millions) Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Transportation Cost 82.05 55.02 121.43 117.33 178.35
Per Household Annual Auto and Utility Costs, dollars / household / year Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Annual Passenger Vehicle Costs per Household 16,153.29 7,688.37 10,492.42 9,463.48 7,492.44 Annual Residential Building Energy Costs per Household 1,931.82 1,787.47 1,779.59 1,679.41 1,439.75 Annual Residential Water Costs per Household 851.40 747.38 655.63 634.53 428.56 Total 18,936.51 10,223.23 12,927.64 11,777.42 9,360.75
Per Household Annual Auto Costs by Type, dollars / household / year Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Auto Auto Fuel Costs per Household 3,294.49 1,568.06 2,139.95 1,930.09 1,528.09 Auto Ownership and Maintenance Costs per Household 12,858.80 6,120.32 8,352.48 7,533.39 5,964.35 Total 16,153.29 7,688.37 10,492.42 9,463.48 7,492.44
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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 Preferred PC Alternative Preferred CC Alternative Dwelling Units in Special Flood Hazard
Zones 1.00 1.00 124.00 0.00 0.00
Population in Hazard Zones, persons
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Population in Special Flood Hazard Zones 3.00 3.00 223.00 0.00 0.00 Jobs in Hazard Zones, employees
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Jobs in Special Flood Hazard Zones 17.00 17.00 341.00 0.00 0.00 Land Area in Hazard Zones, acres
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Area in Special Flood Hazard Zones 123.00 123.00 123.00 0.00 0.00 Canvas Features in Hazard Zones, canvas features
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Canvas Features in Special Flood Hazard
Zones 7.00 7.00 7.00 0.00 0.00
Housing in Flood Hazard Zones, dwelling units
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Dwelling Units in SFHL Zone A 1.00 1.00 124.01 0.00 0.00 Population in Flood Hazard Zones, persons
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Population in SFHL Zone A 3.00 3.00 223.18 0.00 0.00
Jobs in Flood Hazard Zones, employees
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Jobs in SFHL Zone A 17.00 17.00 341.18 0.00 0.00
Land Area in Flood Hazard Zones, acres
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Area in SFHL Zone A 122.69 122.69 122.69 0.00 0.00
Canvas Features in Flood Hazard Zones, canvas features
Base Scenario Alternative 2: Infill Alternative 3: Expansion Preferred PC Alternative Preferred CC Alternative Canvas Features in SFHL Zone A 7.00 7.00 7.00 0.00 0.00 Item 8.2
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Attachment 12 – City of Livingston Summary Buildout Comparison Table Item 8.2
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Memo
To: Mayor & City Council Members
From: Jose Antonio Ramirez, City Manager
cc: Happy Bains, Finance Director/Assistant City Manager Date: November 18, 2025
Re: Fire Ad-Hoc Committee Report
The Fire Ad-Hoc Committee comprised of elected officials and City Staff, has been hard at work meeting with County Representatives, Fire Department Personnel, and Consultants over the last several months. With the primary purpose of ensuring that the City Council approved the formation of Fire Services Ad-Hoc Committee on May 6th.

The City of Livingston's Fire Serviced Ad Hoc committee, comprised of elected officials and City Staff, have been working with our volunteer firefighters, consultants, and other stakeholders to ensure the City has a fully operational fire department. Here is a timeline from the inception of this Ad Hoc Committee.
• May 6th, 2025 - Establishment of Fire Services Ad Hoc Committee o Internal analysis of costs, timelines, next steps
• August 5th, 2025 - Council passes resolution to establish the Fire Department as the City’s top priority and ensure work related to fire services is prioritized over all other City activities.
• September 16th, 2025 - Stephanie Dietz hired as lead consultant to lead organizational planning for City standalone fire department.
o Stephanie Dietz subcontracted with Derek Parker, former Fire Chief in Merced, to provide additional expertise.
• October 3rd, 2025 - Ad Hoc met with volunteer firefighters and consultants to gauge our current standing and begin planning for standalone fire department.

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2 • October 14th, 2025 - Ad Hoc met with Merced County Supervisors and Staff to discuss the potential of a twelve (12) month extension in our current staffing agreement and other items related to the transition of staffing.
• October 17th, 2025 - Staff met with consultants to continue planning for creating a standalone fire department.
• November 3rd, 2025 - Ad Hoc members received progress memo from consultants.

The committee’s most recent meeting was held November 12, 2025, with Merced County Representatives and a Cal-Fire Representative. The City of Livingston initiated conversations with the County several weeks ago with a request associated with current Fire Services contract that is set to expire in June of 2026. The City of Livingston specific request revolved around extending the current Fire Services Contract for an additional 12 months beyond the June 2026 expiration date. The City of Livingston currently is paying Merced County $750,000 annually, plus $1 million that the county gets directly from the portion of the property tax related to fire.

A short summary of the November 12, 2025, meeting:
• Merced County is open to extending the existing contract for another 3 years. • The new cost of service (status quo, with wage escalators) would now be significantly higher.
• The proposed contract has off-ramps should the City of Livingston want to exercise a 30 or 60 day termination letter.
• Portion of the Property Tax that is Fire Related, Unitary Tax, Sales Tax and Measure L funding dynamics were discussed.
• City of Livingston Fire Department Implementation Timeline was discussed. • Merced County/Cal-Fire invoice (current billing & future) cost breakdown requested.

Below is a more detailed summary of the Fire Ad-Hoc Committee, Consultants and Staff work to date.

Recently staff requested call-report data (CAD File) for the last year (2024) from Cal-Fire so it can be analyzed (incident reports) and used for planning by our consultants.

Staff is currently working with our consultants on several fronts, specifically working with them on the Fire Department Implementation Timeline and Organizational Development.

Staff has requested call-report data (CAD File) for the last year (2024) from Cal-Fire so it can be analyzed (incident reports) and used for planning purposes.

Our consultants have an outline that provides an update on the ongoing implementation of the City of Livingston Fire Department, including the projected timeline for completion of key operational components, current staffing recommendations, and equipment needs. The implementation plan follows a recommended framework as outlined in the Fire Department Implementation Timeline and the attached organizational chart.

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3 Throughout this process, the consulting team has facilitated several coordination meetings, with continued work and communication taking place between sessions to ensure steady progress toward implementation milestones.

Additionally, site visits and collaborative meetings were conducted with some municipalities and other possible partners in our fire department development, workforce recruitment, and explore potential shared leadership opportunities.

The consultants also toured Livingston Fire Station, which provided them with valuable insights into existing conditions, operational needs, and equipment priorities.

The City’s long-term goal is to establish a sustainable, locally managed fire department that aligns with regional standards and best practices.

1. Implementation Timeline
According to the City of Livingston Fire Department Implementation Timeline (See Attached), the following milestones have been identified to guide the City’s transition to a fully operational department.

This timeline is a working document and subject to change and is meant to provide a comprehensive roadmap of all future activities, milestones, and implementation phases. It is intended to clearly outline the steps necessary for successful department establishment and to aid in the County’s evaluation of continued CAL FIRE support during an extended transition period. The structured sequencing of activities ensures that critical operational, policy, and training components are completed in alignment with available resources, mutual aid coordination, and regional emergency service expectations.

Phase Focus Area Key Actions
Q2–Q4 2026 Staffing Adopt job descriptions,
allocate positions, recruit and
train new staff
Q2–Q4 2026 Equipment Procure engine, PPE, and
radios
Q1 2027 Dispatch Coordination Integrate with police dispatch and technology systems
Q2 2027 EMS / Mutual Aid Finalize mutual aid
agreements, integrate OES
services
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4 Q3 2027 City Policies Adopt fire suppression and
prevention ordinances,
coordinate CalPERS contract.

Q4 2027 Prevention Allocate prevention staffing,
training, and inspection
responsibilities
Q4 2027–Q1 2028 Community Engagement Launch public education and business outreach campaigns

2. Staffing
The proposed staffing plan was developed using the Tulare County CAL FIRE transition model as a reference. This model has demonstrated successful outcomes in transitioning from contracted to locally managed operations, providing a proven roadmap for sustainable department growth and efficient resource deployment.

Importantly, the proposed staffing design also brings the City of Livingston Fire Department into compliance with the National Fire Protection Association (NFPA) 1710 standard for minimum 3- person engine company staffing (commonly referred to as “3-0” staffing). This compliance ensures that each apparatus is equipped to safely and effectively perform initial fire suppression, rescue, and emergency operations, while improving firefighter safety and community response outcomes.

Staff also evaluated a contract partnership with the City of Merced, for Fire Chief services.

Meetings with Chief Wilson and City Manager McBride confirmed mutual interest in collaboration and produced a preliminary estimate of $315,000 annually for Division Chief oversight and direct employee training support.
• Before advancing to policy consideration, Staff and the Fire Service Ad-Hoc Committee will develop a detailed analysis of co-benefits for both cities.

Based on these factors, the attached organizational structure includes (See Attached):
• 1 Contracted Fire Chief
• 1 Captain
• 2 Lieutenants
• 3 Engineers
• 12 Part-Time Resident Firefighters (EH FFs)
• 1 Part-Time Administrative Assistant to support reporting and data requirements Item 9.1
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5 Our consultant Chief Parker has met with Merced College to develop a partnership aimed at establishing a recruitment pipeline for part-time resident firefighters.

Staff is working with our consultants to present to City Council the recommended salary scale, developed through a comparison of regional fire agencies. Future work will include creating a benefits subset, job specifications, and CalPERS submission documents for City Council approval.

3. Equipment
The consulting team reviewed existing apparatus, including both large and small equipment inventories, and provided a previous memorandum outlining recommendations for future engine acquisitions.
a) The Hi-Tech apparatus remains the preferred specification due to quality, costeffectiveness, and local service capacity. b) Staff has been working with all the team members and subject experts to come up with the preferred emergency vehicle. The recommendation is to procure a Hi-Tech Emergency Vehicle based on proven specifications and local support. • The acquisition aligns with specifications used by the San José Fire Department, recognized for performance and reliability among Bay Area fire agencies. • Hi-Tech Emergency Vehicle, located near Livingston, offers manufacturing and maintenance, ensuring quick service and reduced downtime, justifying a solesource procurement. • Utilizing the HGAC Cooperative Purchasing Consortium allows for expedited acquisition, competitive pricing, and a significantly shorter production timeline. • The proposed vehicle meets or exceeds NFPA standards and offers capabilities comparable to major manufacturers while being more cost-effective and locally supported.
• The Fire Consultant team recommends procurement based on local service availability, accelerated delivery for operational readiness, and compliance with public procurement policies, emphasizing the best value for the City of Livingston Fire Department.
c) Additional needs include radios and PPE to support the onboarding of new personnel.

These items will be detailed in a forthcoming section, which will include cost estimates and recommendations for maintenance efficiency.

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6 4. Future Development Items
The following sections will be further developed as work progresses:
• Dispatch/IT Integration
• EMS and Mutual Aid Agreements
• City Policy Updates
• Fire Prevention and Code Enforcement
• Community Outreach and Education
Conclusion
The implementation of the City of Livingston Fire Department is on track, focusing on staffing, partnerships, and equipment needs.
• The phased approach allows for fiscal responsibility while enhancing public safety. • Coordination with the City of Merced supports leadership and training collaboration.

The plan aims to establish a sustainable fire department that meets NFPA standards and effectively serves the community.

Attachments:

1. COL Fire Department Proposed Implementation Timeline

2. COL Fire Department Proposed Organizational Chart

3. Merced County Fire Services Contract

4. Merced County Fires Services Staff Report and Resolution

5. Merced County Fire Services Invoice from Jan 2025 to March 2025

6. Merced County Fire Services Invoice from April 2025 to June 2025 Item 9.1
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City of Livingston
Internal Timeline
Fire Department Implementation Q1
Staffing
Adopt Job Descriptions, Allocate Positions
Recruit Fire Positions
On-board and Train New Staff
Evaluate Labor Relations Needs
Equipment
Truck and Necessary Equipment
Firefighter Personal Protective Equipment
Radio Acquisition
Dispatch Coordination
Integration with Police Dispatch
Technology Integration
EMS/Mutual Aid
Formalize Mutal Aid Agreements
EMS Service & OES Service Integration
Q2 Q3 Q4 Q5 Q6 Q7
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City of Livingston
Internal Timeline (Cont’d)
Fire Department Implementation Q1
City Policies
Coordinate CalPERs Contract
Adopt Fire Supresion Oridnances
Adopt Fire Prevention Ordinances
Prevention
Adopt Job Description, Allocate Position
Firefighter Personal Protective Equipment
On-board and Train New Staff
Community Engagement
Public Education - Fire Supression/EMS
Business Outreach - Prevention
Q2 Q3 Q4 Q5 Q6 Q7
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City of Livingston
Timeline
Fire Department Implementation April 26
Staffing
Adopt Job Descriptions, Allocate Positions
Recruit Fire Positions
On-board and Train New Staff
Evaluate Labor Relations Needs
Equipment
Truck and Necessary Equipment
Firefighter Personal Protective Equipment
Radio Acquisition
Dispatch Coordination
Integration with Police Dispatch
Technology Integration
EMS/Mutual Aid
Formalize Mutal Aid Agreements
EMS Service & OES Service Integration
July 26 Oct 26 Jan 27 April 27 July 27 Oct 27
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City of Livingston
Timeline (Cont’d)
Fire Department Implementation April 26
City Policies
Coordinate CalPERs Contract
Adopt Fire Supresion Oridnances
Adopt Fire Prevention Ordinances
Prevention
Adopt Job Description, Allocate Position
Firefighter Personal Protective Equipment
On-board and Train New Staff
Community Engagement
Public Education - Fire Supression/EMS
Business Outreach - Prevention
July 26 Oct 26 Jan 27 April 27 July 27 Oct 27
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F I R E C H I E F

CONTRACTED

CITY OF LIVINGSTON

FIRE DEPARTMENT

S H I F T C

S H I F T B S H I F T B S H I F T C

S H I F T B

LIEUTENANT

ENGINEER ENGINEER

S H I F T C

RESIDENT FF

S H I F T A

ENGINEER

S H I F T A

RESIDENT FF

P A R T - T I M E
ADMIN

RESIDENT FF

S H I F T A

LIEUTENANT CAPTIAN
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Livingston City CouncilNovember 18, 2025

Livingston City Council
November 18, 2025