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Agenda packet

Livingston City Council
February 17, 2026

Document
Agenda packet
Meeting
February 17, 2026
Body
Livingston City Council
Pages
81
Original file
8.8 MB
Text extracted from the city's file for reading and search. Open the original on www.cityoflivingston.org. That file is the official record.

1 CITY COUNCIL SPECIAL AND REGULAR

MEETING AGENDA
FEBRUARY 17, 2026
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.

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

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

ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Special and Regular Meeting on February 17, 2026, 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).

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2 SPECIAL MEETING

1. Call to Order

2. Roll Call

3. Pledge of Allegiance.

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

5. Citizen Comments

CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items:
personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.

6. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator: Jose Antonio Ramirez, City Manager
Employee Organizations:

OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees
Association OE3 - Livingston Police Officer
Association

7. Conference with Legal Counsel – Significant Exposure to Litigation pursuant to Government Code Section 54956.9, subdivisions (D)(2) and (E)(1) (1 matter)

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3 REGULAR MEETING

CALL TO ORDER
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcement
Changes to the Agenda.

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

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

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.

City Manager Announcements and Reports.

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

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

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4 1. Ratify Warrants Register Dated February 10, 2026.

2. Approval of Minutes of Meeting Held on December 16, 2025.

3. Approval of Minutes of Meeting Held on January 6, 2026.

4. Approval of Minutes of Meeting Held on January 20, 2026.

5. Approval of Minutes of Meeting Held on February 3, 2026.

6. Resolution Authorizing And Approving The Allocation Of $600,000 From Measure L Funding For The Period Of March 1, 2026, Through June 20, 2026, To Support The Recruitment And Initial Staffing Of The Previously Approved Fire Classifications.

7. Resolution (1) Authorizing the City Manager to Execute a First Amendment to the Professional Service Agreement with Subsurface Technologies, Inc. to Provide Rehabilitation to Well 9 Increase The Scope of Work and Compensation by an Amount Not to Exceed $198,051.94, (2) Finding That There is a Need to Take Emergency Actions and Waive Formal Bidding Requirements as Outlined in Public Contract Code Section 22050 and Section 1-11-6 of the Livingston Municipal Code, and (3) Authorize the Finance Department to Make a Supplement Appropriation to the Water Enterprise Fund in the Amount of $198,051.94; 4) Authorizing the City Manager to Execute all Required Documents in a Form Approved by the City Attorney (4/5 vote required).

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Resolution Approving The Traffic Engineering Evaluation And Proposed Modifications For Stop Signs On Hammatt Avenue And Directing Public Works Staff To Install The Stop Sign Improvements.

9. General Discussion on Usage of City Attorney's Office Time.

10. Discussion Regarding Use Of Electronic Devices During City Council Meetings.

11. Discussion and Direction on Agenda Setting Procedures.

12. Discussion Regarding Potential Designation Of Scribe And The Keeping Of A Minute Book Of All Closed Session Meetings Pursuant To Government Code Section 54957.2.

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

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

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5 Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

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

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

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

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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT

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STAFF REPORT
1 AGENDA ITEM: Warrant Register February 10, 2026

MEETING DATE: February 17, 2026

PREPARED BY: Nancy Fuentes, Accountant I
REVIEWED BY: Happy Bains, Finance Director
RECOMMENDATION:

Ratify the warrant register dated February 10, 2026
DISCUSSION:

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

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

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

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

January 26, 2026- February 10, 2026

GENERAL WARRANTS……………………. $ 970,508.02 15098- 15227
PAYROLL/WIRE WARRANTS……….……. $ 277,895.41 3997-4014
ACH WARRANTS…………………………… $
TOTAL WARRANTS………………………… $ 1,248,403.43
ATTACHMENTS:

Warrant Register (detailed by date and check number)

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Accounts Payable
User:

Printed:
nfuentes
2/10/2026 11:30 AM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
15098 1307 Amazon Capital Services 01/26/2026 246.31
15099 282 AT&T Mobility 01/26/2026 2,364.11
15100 445 Axon Enterprise, Inc. 01/26/2026 1,065.00
15101 193 BSK Associates 01/26/2026 932.01
15102 291 City of Livingston c/o L &L District Irrigation01/26/2026 6,815.99 15103 837 City of Los Banos 01/26/2026 40.00
15104 1239 Clark Pest Control of Stockton, Inc. 01/26/2026 54.00 15105 787 Custom Weed Control Inc. 01/26/2026 400.00
15106 293 Department of Justice Accounting Office 01/26/2026 710.00 15107 1148 Domus Building Products 01/26/2026 2,597.59
15108 163 EZ Auto Supply 01/26/2026 510.61
15109 1410 FFP Fund VII TEI Partnership 1, LLC 01/26/2026 2,014.10 15110 356 Gouveia Engineering, Inc. 01/26/2026 109,630.79 15111 811 Pete Hulse, DVM, Pa Hilmar Animal Hospital01/26/2026 253.00 15112 501 Hunt & Sons, LLC 01/26/2026 8,263.39
15113 388 Interstate Battery System of Fresno 01/26/2026 171.07 15114 165 J L Analytical Services, Inc. 01/26/2026 635.80 15115 570 Jocelyn E. Roland, Ph.D., ABPP 01/26/2026 500.00 15116 464 Johnson Controls Fire Protection LP 01/26/2026 2,429.88 15117 276 Livingston True Value Hardware, Inc. 01/26/2026 26.31 15118 1170 Martin Marietta Materials, Inc. 01/26/2026 113.44 15119 965 Maverick Data Systems 01/26/2026 500.00
15120 269 Merced Pest Control 01/26/2026 85.00
15121 180 Mission Linen Service 01/26/2026 1,181.24
15122 194 Modesto Welding Products 01/26/2026 24.00
15123 459 Municipal Maintenance Equipment 01/26/2026 113.43 15124 201 O'reilly Automotive, Inc. 01/26/2026 112.86
15125 1735 BlueTriton Brands, Inc Primo Brands 01/26/2026 221.98 15126 433 Razzari Ford 01/26/2026 304.89
15127 386 S & N Auto Services, INC. 01/26/2026 1,173.11 15128 208 Saenz Pest Control, Inc. 01/26/2026 129.00
15129 407 San Joaquin Valley Air Pollution Control District. 01/26/2026 314.00 15130 309 St. Francis Electric 01/26/2026 400.00
15131 875 Taylor ER Veterinary Emergency Hospital 01/26/2026 340.00 15132 1552 Turbo Data System, Inc. 01/26/2026 767.09
15133 313 U.S. Bank Equipment Finance 01/26/2026 666.91 15134 486 Sunil Verma DC 01/26/2026 100.00
Total for 1/26/2026: 146,206.91
15135 UB*02159 ALDRICH FAMILY MOTORSPORTS 01/30/2026 200.00 15136 453 Allied West Printing 01/30/2026 259.75
15137 1307 Amazon Capital Services 01/30/2026 5,040.62
15138 472 Aqua-Metric Sales Company 01/30/2026 6,220.63 15139 446 Belkorp Ag, LLC 01/30/2026 105.33
15140 193 BSK Associates 01/30/2026 1,561.45
15141 272 Charter Communications Holdings, LLC 01/30/2026 135.00 AP Checks by Date - Summary by Check Date (2/10/2026 11:30 AM) Page 1

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(irty o,f Uving1sto1n
1416 C Stroot
Livingston, CA 95334
Check No Vendor No Vendor Name Check Date Check Amount
15142 1814 Civicly,Inc. 01/30/2026 750.00
15143 1239 Clark Pest Control of Stockton, Inc. 01/30/2026 43.00 15144 283 CoreLogic Solutions, LLC 01/30/2026 200.00
15145 1089 DAHLIN GROUP 01/30/2026 5,580.00
15146 1512 Deere & Company 01/30/2026 50,245.25
15147 1812 ERMA 01/30/2026 631.96
15148 1479 Ferguson Waterworks #2777 01/30/2026 1,890.67 15149 260 First Communications, LLC 01/30/2026 13.78
15150 188 Frontier 01/30/2026 5,285.99
15151 1758 Garda CL West, Inc. Lockbox #233209 01/30/2026 9.75 15152 262 Gilton Solid Waste 01/30/2026 7,538.85
15153 UB*02158 GUADALUPE GONZALEZ 01/30/2026 189.27
15154 551 Griswold Industries 01/30/2026 870.00
15155 359 Hinderliter, de Llamas & Associates 01/30/2026 900.00 15156 267 Hoffman Security 01/30/2026 236.90
15157 471 JMP Office Technologies 01/30/2026 241.06
15158 UB*02156 BALJINDER KAUR 01/30/2026 232.13
15159 1130 Kellogg Supply 01/30/2026 72.52
15160 675 Lance, Soll & Lunghard, LLP 01/30/2026 3,882.50 15161 228 League of California Cities 01/30/2026 142.57 15162 276 Livingston True Value Hardware, Inc. 01/30/2026 7.60 15163 UB*02157 MIRNA MEDRANO 01/30/2026 92.08
15164 362 Merced County Animal Control 01/30/2026 3,135.00 15165 708 Merced County Law Enforcement Chief's Association 01/30/2026 125.00 15166 389 Mid Valley IT 01/30/2026 12,570.13
15167 180 Mission Linen Service 01/30/2026 14.04
15168 1800 Motorola Solutions, Inc. 01/30/2026 28,185.66 15169 199 Northstar Chemical 01/30/2026 1,917.79
15170 302 Office Depot, Inc./ODP Business Solutions, LLC 01/30/2026 785.12 15171 201 O'reilly Automotive, Inc. 01/30/2026 459.59
15172 1796 Power Business Technology 01/30/2026 197.33
15173 1735 BlueTriton Brands, Inc Primo Brands 01/30/2026 282.92 15174 430 Quadient Finance USA, Inc. 01/30/2026 3,535.59 15175 561 Safe-T-Lite of Modesto, Inc. 01/30/2026 129.45 15176 1330 James D Sanders 01/30/2026 800.00
15177 408 Sapien Family Trust 01/30/2026 1,000.00
15178 739 Self- Help Enterprises 01/30/2026 221.73
15179 307 Shred-It, C/O Stericycle, Inc. 01/30/2026 300.40 15180 412 State of California Department of Transportation 01/30/2026 843.36 15181 1606 SVA Architects, Inc. 01/30/2026 40,000.00
15182 1405 Taylor Backhoe Service, Inc. 01/30/2026 221,355.45 15183 1803 Toshiba Financial Services 01/30/2026 1,632.54 15184 310 Totlcom, Inc. 01/30/2026 427.71
15185 284 Trans Union LLC 01/30/2026 176.17
15186 314 Valley Coffee & Water 01/30/2026 82.95
15187 277 Valley Farm Supply Stores, Inc. 01/30/2026 11.73 15188 210 WGR Southwest, Inc. 01/30/2026 1,084.14
15189 409 Willdan Financial Services 01/30/2026 2,410.00 15190 597 Work Wellness 01/30/2026 1,048.55
Total for 1/30/2026: 415,311.01
15191 1307 Amazon Capital Services 02/06/2026 671.98
15192 529 American Legal Publishing 02/06/2026 1,013.50 15193 672 Bauer Compressors, Inc. 02/06/2026 1,577.18
15194 193 BSK Associates 02/06/2026 3,318.93
15195 1787 Burke,Williams & Sorensen, LLP 02/06/2026 156,686.92 AP Checks by Date - Summary by Check Date (2/10/2026 11:30 AM) Page 2

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Check No Vendor No Vendor Name Check Date Check Amount
15196 1239 Clark Pest Control of Stockton, Inc. 02/06/2026 245.00 15197 1790 Stephanie R. Dietz 02/06/2026 2,500.00
15198 163 EZ Auto Supply 02/06/2026 54.01
15199 1479 Ferguson Waterworks #2777 02/06/2026 845.84
15200 164 Garza Tire & Wheel, Inc 02/06/2026 240.00
15201 1419 Gemini Group, LLC 02/06/2026 6,900.00
15202 262 Gilton Solid Waste 02/06/2026 197,507.85
15203 359 Hinderliter, de Llamas & Associates 02/06/2026 1,597.54 15204 1130 Kellogg Supply 02/06/2026 419.44
15205 228 League of California Cities 02/06/2026 7,153.00 15206 276 Livingston True Value Hardware, Inc. 02/06/2026 367.44 15207 1170 Martin Marietta Materials, Inc. 02/06/2026 297.95 15208 524 Merced Chevrolet 02/06/2026 167.33
15209 502 Merced Irrigation-Urban GSA 02/06/2026 2,062.96 15210 389 Mid Valley IT 02/06/2026 1,147.14
15211 180 Mission Linen Service 02/06/2026 358.57
15212 199 Northstar Chemical 02/06/2026 1,662.08
15213 949 Nova Heating and Air Conditioning 02/06/2026 879.75 15214 201 O'reilly Automotive, Inc. 02/06/2026 115.29
15215 1796 Power Business Technology 02/06/2026 17.90
15216 1549 Power Services, Inc. 02/06/2026 4,575.00
15217 1735 BlueTriton Brands, Inc Primo Brands 02/06/2026 401.61 15218 514 Quadient Leasing USA, Inc. 02/06/2026 982.71
15219 433 Razzari Ford 02/06/2026 772.59
15220 265 Resourceability 02/06/2026 1,371.50
15221 208 Saenz Pest Control, Inc. 02/06/2026 129.00
15222 500 Safeguard Business Systems 02/06/2026 278.08
15223 408 Sapien Family Trust 02/06/2026 1,000.00
15224 739 Self- Help Enterprises 02/06/2026 443.46
15225 309 St. Francis Electric 02/06/2026 9,996.00
15226 277 Valley Farm Supply Stores, Inc. 02/06/2026 232.55 15227 504 VIP Audio Visual Company, Inc 02/06/2026 1,000.00 Total for 2/6/2026: 408,990.10
Report Total (130 checks): 970,508.02
AP Checks by Date - Summary by Check Date (2/10/2026 11:30 AM) Page 3

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MEETING MINUTES

AMENDED

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
DECEMBER 16, 2025
A Special and Regular Meeting of the Livingston City Council was held on December 16, 2025, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:01 p.m.

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

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.

CLOSED SESSION

6. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator: Jose Antonio Ramirez, City Manager
Employee Organizations:

OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees Association
OE3 - Management/Confidential Bargaining Unit

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1:8]
1:8]
1:8]
1:8]
1:8]

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OE3 - Livingston Police Officer Association
AFSCME- Public Works and Parks Unit

7. Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9, subdivision (d)(1): John Markle v. City of Livingston, et al., Case No. 23CV-01647.

8. Conference With Legal Counsel – Anticipated Litigation - Initiation Of Litigation Pursuant to Government Code § 54956.9(D)(4) (1 Matter).

9. Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9 (FR103318- Nancy Arellano).

CITIZEN COMMENTS
Mayor Moran opened citizen comments at 6:02 p.m. and closed citizen comments at 6:04 p.m., as there were no comments from the public, the Council went into Closed Session immediately thereafter to discuss the following matters.

CLOSED SESSION ANNOUNCEMENTS
Deliberation occurred for closed session items 7 and 8. Direction was given. There was no reportable action. Council will reconvene the closed session to discuss the remaining closed session items.

REGULAR MEETING
Mayor Moran called the meeting to order at 7:05 p.m.

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
Council Member Robert Wallis

CHANGES TO THE AGENDA
Council pulled item number 10 for further discussion.

CITIZEN COMMENTS
Mayor Moran opened citizen comments at 7:07 p.m.

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Citizen Comments:

Karthik Prasad, Field Representative for Congressman Adam Gray Mayor Moran closed public comments at 7:11 p.m., as there were no further comments from the public.

AWARDS, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Patricia Zamora - Founder and Director of 7GEN ArtHouse and 2025 CalCORE/Community Vision Cohort Member: 7GEN ArtHouse and Community Vision Report Overview- Livingston's Community Conversation - Corridor Visioning Summary Report: A Collaborative Effort to Integrate Art, Wellness, and Connection in Downtown Livingston, along with Highlights from the First Día de Los Muertos Celebration.

Patricia Zamora presented this item.

2. Presentation by Jacquelyn Carlisle, Senior Real Estate Consultant, Community Vision and Amy Johnson, Community Real Estate Consultant, Community Vision: Community Vision’s Summary Report Regarding Efforts to Enhance Art, Wellness, and Connection in Downtown Livingston.

Jacquelyn Carlisle and Amy Johnson presented this item.

3. Presentation by Mario Gouveia and Noe Martinez, Gouveia Engineering: Water System Update.

Mario Gouveia and Noe Martinez presented this item.

Mayor Moran opened and closed public comments at 8:18 p.m., as there were no comments from the public.

Clerk Notes: Council Member Uppal left the dais at 8:19 p.m. and returned at 8:21 p.m.

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

None.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.

None.

City Manager Announcements and Reports.
• Jose A. Ramirez, City Manager
Clerk Notes: Mr. Ramirez had Eduardo Gonzalez from the Rural Prosperity Center give a short presentation on the Rural Prosperity Center's work for the community and on grant opportunities for digital literacy classes for residents 17 years and older in the City of Livingston.

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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

4. Ratify Warrants Register Dated November 24, 2025.

5. Approval of Minutes of Meeting Held on November 23, 2025.

6. Approval of Minutes of Meeting Held on December 2, 2025 (special meeting).

7. Approval of Minutes of Meeting Held on December 2, 2025 (regular meeting).

8. Consideration Of Resolution Approving Staffing Revisions To The Finance Department For Fiscal Year 2025/2026; Freeze The Accounting Technician Position And Add One Full-Time Account Clerk Position; Authorize Staff To Initiate Recruitment To Fill Two (2) Account Clerk Positions. Staff Recommendation: Approve Resolution.

9. Consideration of a Resolution Approving a Professional Services Agreement with Four Star Investigation, LLC for On-Call Investigatory Services. Staff Recommendation:

Approve Resolution.

Mayor Moran opened public comments at 8:28 p.m. and closed public comments at 8:29 p.m., as there were no comments from the public.

Motion: M/S Samra/Roth to approve consent agenda items 4 through 9. The motion carried 5-0-0 by the following roll call vote:

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

10. Consideration of a Resolution Ratifying Emergency Equipment Procurement And Emergency Repairs To Well 14; 1) Approve The Emergency Procurement Of A New Well Motor And Emergency Service Call From Shannon Pump Co. In The Amount Of $84,853.63; 2) Authorize The Finance Department To Make A Supplement Appropriation To The Water Enterprise Fund In The Amount Of $84,853.63; 3) Authorize The City Manager To Execute All Required Documents. Staff Recommendation: Approve Resolution.

Public Works Director Anthony Chavarria responded to Council questions.

Mayor Moran opened public comments at 8:43 p.m. and closed public comments at 8:45 p.m., as there were no comments from the public.

Motion M/S Uppal/Samra to approve Resolution Ratifying Emergency Equipment Procurement And Emergency Repairs To Well 14; 1) Approve The Emergency Procurement Of A New Well Motor And Emergency Service Call From Shannon Pump Co. In The Amount Of $84,853.63; 2) Authorize The Finance Department To Make A Supplement Appropriation To The Water Enterprise Fund In The Amount Of $84,853.63;

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3) Authorize The City Manager To Execute All Required Documents. The motion carried 5-0-0 by the following roll call vote:

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

PUBLIC HEARING

11. Consideration Of A Resolution Electing To Subject The City To The California Uniform Public Construction Cost Accounting Act Pursuant To Public Contract Code § 22030 And Ordinance Adding A New Chapter 1-21 To The Livingston Municipal Code To Implement The California Uniform Public Construction Cost Accounting Act.

Joaquin Vazquez Deputy City Attorney presented this item.

Mayor Moran gave a presentation summarizing the challenges and benefits of CUPPCCAA.

Mayor Moran called for a five-minute recess at 9:17 p.m.

Mayor Moran resumed the meeting at 9:27 p.m.

Mayor Moran opened public comments at 9:36 p.m.

Public Comments:

Parwinder Uppal
Monica Cisneros, Deputy City Clerk, reported that the city received a public comment by email from Raquel White.

Mayor Moran closed public comments at 9:39 p.m., as there were no further comments from the public.

Clerk Notes: Council Member Roth left the dais at 9:50 p.m. and returned at 9:51 p.m.

Motion: M/S Roth/Samra to approve Resolution Electing To Subject The City To The California Uniform Public Construction Cost Accounting Act Pursuant To Public Contract Code § 22030 with the addition of section three (3) – [City Council review required for higher-dollar individual projects that exceed $25,000] and Ordinance Adding A New Chapter 1-21 To The Livingston Municipal Code To Implement The California Uniform Public Construction Cost Accounting Act.

AYES: Council Members: Roth, Samra, and Moran
NOES: Council Members: Uppal and Wallis
ABSENT: Council Members: None
Mr. Vazques clarified that the referenced section three will have a $25,000 cap.

Clerk Notes: The added section three (3) to the resolution above will state the following: “City Council Review Required for Higher-Dollar Individual Projects. Notwithstanding Public Contract Code § 22032(a), and as a matter of local approval policy, any public project subject to award without competitive bidding under Public Contract Code § 22032(a) that exceeds $25,000 requires City Council review and approval prior to award. This requirement relates solely to City

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approval authority and does not impose any competitive bidding requirement where none is required by state law.”
Council Member Roth left the Council Chambers at 10:04 p.m.

DISCUSSION AND POTENTIAL ACTION ITEMS

12. General Discussion on Usage of City Attorney's Office Time Council Member Uppal introduced this item.

Mayor Moran opened and closed public comments at 10:05 p.m., as there were no comments from the public.

Motion: M/S Uppal/Wallis to table item 12 for the next scheduled regular city council 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

13. Discussion and Direction on the Designation of Delegate(s) for the Merced County Association of Governments (MCAG) 2026 One Voice Trip and Identify Potential Priorities.

Mayor Moran introduced this item.

Council identified the following priorities:

Priorities
• Water Infrastructure
• Roads and bridges
• safety
Mayor Moran opened and closed public comments at 10:15 p.m., as there were no comments from the public.

Motion: M/S Samra/Wallis to designate Council Member Uppal and City Manager Ramirez as the delegates for the Merced County Association of Governments 2026 One Voice Trip and selected the following priorities: water, roads, and public safety. 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

15. Discussion and Direction Regarding Term Limits for City Council.

Mayor Moran opened and closed public comments at 10:31 p.m., as there were no comments from the public.

Motion: M/S Moran/Samra to continue the item to the January 6, 2026, regular city council meeting. The motion carried 4-0-1 by the following roll call vote:

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

14. Discussion and Direction Regarding Legislative Platform for State and Federal Advocacy.

Council Member Uppal introduced this item and gave a PowerPoint presentation.

Clerk Notes: Mayor Moran left the dais at 10:38 p.m. and returned at 10:41 p.m.

Mayor Moran opened public comment at 10:50 p.m.

Public Comments:

Patricia Zamora
Maria Soto
Parwinder Uppal
Carmen Fuentes Gutierrez
Mayor Moran closed public comments at 10:59 p.m., as there were no further comments from the public.

Motion M/S Uppal/Samra to continue the item to the next regular meeting of January 6, 2026. 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

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.
• Council Member Wallis
• Council Member Uppal
• Mayor Pro-Tem Samra
Mayor’s Announcements and Reports
• Mayor Moran
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.

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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.

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
• Update to the Traffic Committee
• Bring an item or a report listing potential well locations.

The Council resumed closed session at 11:14 p.m.

Clerk Notes: Mayor Pro-Tem Samra left at the end of the open session and did not participate in the closed session. Mayor Moran and Council Members Uppal and Wallis were the only participants.

CLOSED SESSION ANNOUNCEMENT
No reportable action was taken.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 11:31 p.m. __________________________________
Deputy City Clerk of the City of Livingston

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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.

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MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
JANUARY 6, 2026
A Special and Regular Meeting of the Livingston City Council was held on January 6, 2026, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:13 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 Wallis

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.

CLOSED SESSION

6. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator: Jose Antonio Ramirez, City
Manager Employee Organizations:

OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees
Association OE3 -
Management/Confidential Bargaining Unit

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OE3 - Livingston Police Officer
Association AFSCME- Public Works and
Parks Unit

7. Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9, subdivision (d)(1): John Markle v. City of Livingston, et al., Case No. 23CV-01647.

8. Conference With Legal Counsel – Anticipated Litigation - Initiation Of Litigation Pursuant to Government Code §
54956.9(D)(4) (2 Matters).

CITIZEN COMMENTS
Mayor Moran opened and closed citizen comments at 6:15 p.m., as there were no comments from the public, the Council went into Closed Session immediately thereafter to discuss the following matters.

CLOSED SESSION ANNOUNCEMENTS
Council discussed items 6, 7, and a portion of 8 under closed session. Regarding item 7, the council voted 4-0 to approve a settlement agreement with the plaintiff. Terms of settlement include: a $20,000 payment to the plaintiff in exchange for a waiver of claims. A copy of the fully executed agreement will be available at the City Clerk’s office.

City Council will reconvene the closed session to continue discussions on item 8.

REGULAR MEETING
Mayor Moran called the meeting to order at 7:15 p.m.

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/Uppal to move agenda items 8 and 9 after item 5 of the consent agenda. The motion carried 4-0-1 by the following roll call vote:

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AYES: Council Members: Uppal, Wallis, Samra, and Moran
NOES: Council Members: None
ABSENT: Council Members: Uppal
Mayor Moran took a recess at 7:20 p.m. due to technical issues.

Mayor Moran resumed the meeting at 7:39 p.m.

CITIZEN COMMENTS
Mayor Moran opened citizen comments at 7:39 p.m.

Citizen Comments:

Parwinder Uppal
Mayor Moran closed citizen comments at 7:43 p.m., as there were no further comments from the public.

Mayor Moran called for a recess at 7:45 p.m.

Mayor Moran resumed the meeting at 7:46 p.m.

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

None.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.
• Miguel Galvez, Contract City Planning.
• Anthony Chavarria, Public Works Director.

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

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.

Council Member Uppal noted that he has a conflict in the planning commission appointments. He noted that he has a relationship with Commissioner Jatinder Mann. Not a relationship that would require a recusal; however, in the abundance of caution he will recuse himself from the item.

CONSENT AGENDA

1. City Treasurer’s Investment Report for the Month Ending November 30, 2025.

2. Ratify Warrants Register Dated December 12, 2025

4. Resolution (1) Accepting The Low Bid And Awarding A Contract To Amerine Systems, Inc. For The Total Bid Amount Of $849,000.00 For The Construction Of

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The Briarwood Drive Sewer Lift Station & The Hammatt Avenue Sewer Lift Station Rehabilitation Project, (2) Authorizing The City Manager To Execute The Agreement, (3) Authorizing A Contingency For Contract Change Orders Up To 10% Of The Contract Amount, And (4) Authorizing The Finance Department To Make A Supplemental Appropriation In The Amount Not To Exceed $173,900.00 To The Sewer Enterprise Fund.

Mayor Moran asked for items 3 and 5 to be pulled for further discussion.

Mayor Moran opened and closed public comments at 8:03 p.m., as there were no comments from the public.

Motion: M/S Samra/Uppal to approve consent agenda items 1, 2, and 4. 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

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Discussion and Potential Direction on Livingston’s Measure V Regional Projects.

Stacy Guzman introduced this item and responded to council questions.

Mayor Moran opened and closed public comments at 8:49 p.m., as there were no comments from the public.

Motion: M/S Uppal/Wallis to move the transit funding to a later date and move the funds and priorities of projects as follows: 1) Winton parkway rehab, 2) North Main St Rehab, and 3) Main & Davis St. Traffic Signal Reconfiguration. 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

9. Fire Department Update
Stacy Dietz introduced this item.

Mayor Moran opened and closed public comments at 9:05 p.m., as there were no comments from the public.

The Council agreed that the next recommended steps are in line with city policy.

Clerk Notes: Recommended Next Steps: 1) Adopt job classification, Extended Interim CalFire Services for transition services, Continue to advocate for Fire Fund revenue to support new responsibilities, and Consider Chief Services contract with local provider to assist with implementation (recommendations were part of the PowerPoint slide from Ms. Dietz).

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CONSENT AGENDA

3. Consideration Of Resolution Approving a Professional Services Agreement with Mintier Harnish Planning Consultants to Set the Budget and Scope to Continue Work on the Livingston General Plan Update and Accompanying Environmental Impact Report and to Amend the Fiscal Year Budget by Increasing the Appropriation Limit Expenditures for the Update Effort and Authorizing the City Manager to Execute the Agreement. Staff Recommendation: Approve Resolution.

Contract City Planner Miguel Galvez responded to Mayor Moran’s questions regarding the amendment to the agreement and the amount.

Mayor Moran opened and closed public comments at 9:17 p.m., as there were no comments from the public.

Motion: M/S Moran/Uppal to approve the Resolution Approving a Professional Services Agreement with Mintier Harnish Planning Consultants to Set the Budget and Scope to Continue Work on the Livingston General Plan Update and Accompanying Environmental Impact Report and to Amend the Fiscal Year Budget by Increasing the Appropriation Limit Expenditures for the Update Effort and Authorizing the City Manager to Execute the Agreement. 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

5. Resolution Of The City Council Of The City Of Livingston Authorizing The Destruction Of Certain Records Approved By City’s Record Retention Schedule.

Finance Director Happy Bains responded to council questions regarding the details of documents being shredded.

Mayor Moran opened public comments at 9:24 p.m. and closed public comments at 9:25 p.m., as there were no comments from the public.

Motion: M/S Uppal/Wallis to approve Resolution Of The City Council Of The City Of Livingston Authorizing The Destruction Of Certain Records Approved by the City’s Record Retention Schedule. 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

PUBLIC HEARING

6. Waive Second Reading and Adopt Ordinance Adding A New Chapter 1-21 To The Livingston Municipal Code To Implement The California Uniform Public Construction Cost Accounting Act.

Deputy City Attorney Joaquin Vasquez introduced this item and responded to council questions.

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Mayor Moran opened and closed public comments at 9:28 p.m., as there were no comments from the public.

Motion: M/S Samra/Wallis to adopt Ordinance Adding A New Chapter 1-21 To The Livingston Municipal Code To Implement The California Uniform Public Construction Cost Accounting Act and bring back an item at a future date to discuss implementation of safeguards [sunset of one year and reporting options). 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. Continued Public Hearing - 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 January 20, 2026, At 7:00 P.M. To Waive The Second Reading And Adopt The Ordinance.

Miguel Galvez, Contract City Planner, introduced this item.

Mayor Moran opened and closed public comments at 9:39 p.m., as there were no comments from the public.

Motion: M/S Uppal/Wallis 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 January 20, 2026, At 7:00 P.M. To Waive The Second Reading And Adopt The Ordinance. 4-0. 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

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Consideration of Resolutions Making Appointments to Fill the Vacancies on the Livingston Planning Commission.

Contract City Planner Miguel Galvez introduced this item.

Clerk Notes: Council Member Uppal recused himself due to a conflict of interest.

He left the Council Chambers at 9:43 p.m. before the item was discussed.

Mayor Moran opened public comments at 9:48 p.m.

Public Comments:

Nathalia Herrera
Mayor Moran closed public comments at 9:48 p.m., as there were no further comments from the public.

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Motion: M/S Samra/Moran to appoint Jose Flores To The City Of Livingston Planning Commission As A Regular Member For The Term Of January 1, 2026 Through December 31, 2029. The motion carried 3-0-1-1 by the following roll call vote:

AYES: Council Members: Wallis, Samra, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth
RECUSAL: Council Members: Uppal
Motion: M/S Samra/Moran to appoint Jatinder Mann To The City Of Livingston Planning Commission As A Regular For The Term Of January 1, 2026 Through December 31, 2027. The motion carried 2-0-1-1 by the following roll call vote:

AYES: Council Members: Wallis and Samra
NOES: Council Members: Moran
ABSENT: Council Members: Roth
RECUSAL: Council Members: Uppal
Motion: M./S Wallis/Moran to appoint Mohinder Kanda as Alternate Planning Commissioner.

The motion carried 3-0-1-1 by the following roll call vote:

AYES: Council Members: Wallis, Samra, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth
RECUSAL: Council Members: Uppal
Clerk Notes: Council Member Uppal returned to the Council Chambers at 9:55 p.m. after the item was discussed.

11. General Discussion on Usage of City Attorney's Office Time.

Item 11 was continued to the next regular meeting.

12. Discussion and Direction Regarding Term Limits for City Council.

Council Member Uppal introduced this item.

Mayor Moran opened public comments at 10:02 p.m.

Public Comments:

Nathalia Herrera
Parwinder Uppal
Mayor Moran closed public comments at 10:07 p.m.

Motion: M/S Uppal/Moran to provide direction to staff to prepare materials and propose term limits for the city’s ballot of the November 2026 elections without a designated cap number of terms, which can be decided at a future date. The motion failed 2-2-1-0 by the following roll call vote:

AYES: Council Members: Moran and Uppal
NOES: Council Members: Wallis and Samra

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ABSENT: Council Members: Roth
RECUSAL: Council Members: None

13. Discussion and Potential Direction on Goal Setting Workshop to Identify Strategic Priorities and Projects.

Council Member Uppal introduced this item.

Mayor Moran opened and closed public comments at 10:36 p.m., as there were no comments from the public.

Council directed staff to schedule a special joint meeting workshop for January 29, 2026, at 6:00 p.m.

14. Discussion and Potential Direction on State and Federal Legislative Priorities for the City of Livingston.

Council Member Uppal introduced this item.

The Council concurred with waiting until after the workshop on January 29, 2026, to discuss this item.

Mayor Moran opened and closed at 10:39 p.m., as there were no comments from the public.

Motion: M/S Uppal/Wallis to continue the item to an unspecified date that follows the strategic planning workshop. 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

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.
• Council Member Wallis
• Council Member Uppal
• Mayor Pro-Tem Samra
Mayor’s Announcements and Reports

No report.

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.

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

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

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

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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
• 4th of July Event.

Motion: M/S Moran/Samra to continue the closed session item to the next regular 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
City Attorney Marc Tran clarified that they continued item 8.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 10:45 p.m.

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__________________________________
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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MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
JANUARY 20, 2026
A Special and Regular Meeting of the Livingston City Council was held on January 20, 2026, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:05 p.m.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra (Late Attendance)
Council Member Singh Uppal
Council Member Jason Roth (Late Attendance)
Council Member Robert Wallis
Clerk Notes: Council Member Roth attended remotely at 6:11 p.m. and disconnected at 7:00 p.m. Roll call was switched to him being late.

Clerk Notes: Mayor Pro-Tem Samra joined the meeting at 6:54 p.m. Roll call was switched to him being late.

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.

CLOSED SESSION

6. Conference with Labor Negotiator (Government Code Section

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54957.6) Labor Negotiator: Jose Antonio Ramirez, City
Manager Employee Organizations:

OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees
Association OE3 -
Management/Confidential Bargaining Unit
OE3 - Livingston Police Officer
Association AFSCME- Public Works and
Parks Unit

7. Conference With Legal Counsel – Anticipated Litigation - Initiation Of Litigation Pursuant to Government Code §
54956.9(D)(4) (2 Matters).

8. Conference with Legal Counsel – Significant Exposure to Litigation pursuant to Government Code Section 54956.9, subdivisions (d)(2) and (e)(3): One (1) Matter (FR102723-0002 - Manuel Ramos Rivera).

CITIZEN COMMENTS
Mayor Moran opened and closed citizen comments at 6:06 p.m., as there were no comments from the public, the Council went into Closed Session immediately thereafter to discuss the following matters.

REGULAR MEETING
Mayor Moran called the meeting to order at 7:07 p.m.

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
None.

CITIZEN COMMENTS
Mayor Moran opened citizen comments at 7:08 p.m.

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Citizen Comments:

Nathan Alonzo, representative from PG&E
Attendee
Mayor Moran closed citizen comments at 7:17 p.m., as there were no further comments from the public.

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

County Supervisor Jim Pacheco gave a report.

ANNOUNCEMENTS AND REPORTS
None.

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

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

1. Ratify Warrants Register Dated January 13, 2026.

2. Resolution Ratifying The Memorandum Of Understanding Between The City Of Livingston And the Management And Confidential Employees’ Association For The Period of July 1, 2025, Through June 30, 2028, And Adopting A Revised Comprehensive Pay Schedule.

3. Resolution Approving the New Resident Fire Fighter, Fire Engineer, Fire Lieutenant, And Fire Captain Job Descriptions and The Comprehensive Pay Schedule.

4. Resolution Calling For A Municipal Election To Be Consolidated With The Statewide General Election On November 3, 2026, Seeking Voter Approval To Convert The Office Of City Clerk To An Appointed Office, Setting Dates For The Submission Of Arguments In Favor Of Or Against The Ballot Measure, And Requesting The Assistance Of The County Of Merced In Connection With That Election.

5. Resolution Calling For A Municipal Election To Be Consolidated With The Statewide General Election On November 3, 2026, Seeking Voter Approval To Convert The Office Of City Treasurer To An Appointed Office, Setting Dates For The Submission Of Arguments In Favor Of Or Against The Ballot Measure, And Requesting The Assistance Of The County Of Merced In Connection With That Election.

6. Resolution Authorizing Implementation of Health Reimbursement Account (HRA) Program.

Mayor Moran opened and closed public comments at 7:33 p.m., as there were no comments

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from the public.

Motion: M/S Samra/Wallis to approve consent agenda items. 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

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Resolution (1) Approving The Revised Measure V Regional Project Application Changes, (2) Authorizing The City To Apply 10% Leveraging Funds To The North Main Street Rehabilitation And Main & Davis St Traffic Signal Reconfiguration Funding Applications, And (3) Authorizing Staff To Submit The Revised Applications To MCAG For Programming.

City Manager Jose Ramirez introduced this item.

Mayor Moran opened and closed public comments at 7:45 p.m., as there were no comments from the public.

Motion: M/S Samra/Moran to approve Resolution (1) Approving The Revised Measure V Regional Project Application Changes, (2) Authorizing The City To Apply 10% Leveraging Funds To The North Main Street Rehabilitation And Main & Davis St Traffic Signal Reconfiguration Funding Applications, And (3) Authorizing Staff To Submit The Revised Applications To MCAG For Programming. 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. Resolution to Provide Direction for the Type of 4th of July Festival the City Council Wants Held in July 2026.

Recreation Superintendent Jacquie Benoit introduced this item.

Mayor Moran opened public comments at 8:02 p.m.

Public Comments:

Attendee
Parwinder Uppal
Chief Brian Greyel, CalFire
John Ramirez, Chief of Police
Mayor Moran closed public comments at 8:11 p.m., as there were no further comments from the public.

Motion: M/S Wallis/Samra to have a three (3) day event if there is a carnival. The motion failed 2-2-1 by the following roll call vote:

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AYES: Council Members: Samra and Wallis
NOES: Council Members: Uppal and Moran
ABSENT: Council Members: Roth
Motion: M/S Uppal/Moran to have a one-day event which includes firework show. 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

9. Annual Discussion on Council Appointments to Boards, Commissions, and Committees and Give Direction on Whether Council Wants to Keep Current Appointments.

Mayor Moran introduced this item.

Mayor Moran opened and closed public comments at 8:26 p.m. as there were no comments from the public.

Motion: M/S Samra/Wallis for council appointments to remain the same. The motion failed 2-2-1 by the following roll call vote:

AYES: Council Members: Samra and Wallis
NOES: Council Members: Uppal and Moran
ABSENT: Council Members: Roth
Motion: M/S Uppal/Moran to keep all of the appointments the same except for the MCAG representative. Swap Mayor Moran as the representative and Mayor Pro-Tem as the alternate representative. The motion failed 2-2-1 by the following roll call vote:

AYES: Council Members: Uppal and Moran
NOES: Council Members: Samra and Wallis
ABSENT: Council Members: Roth
Motion: M/S Wallis/Samra to continue the item to the next regular city council meeting. 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

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.
• Council Member Wallis
• Council Member Uppal
Mayor’s Announcements and Reports
• Mayor Moran

.

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

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

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

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

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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
• Bring an item regarding the process by which Council agendaizes items.

Council reconvened the closed session at 8:48 p.m.

CLOSED SESSION ANNOUNCEMENTS
Item 8 of the closed session - The City Council approved a settlement with the claimant (Manuel Ramos Rivera) of $20,000; a copy of the settlement will be available for review with the City Clerk’s office.

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ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:48 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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MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
FEBRUARY 3, 2026
A Special and Regular Meeting of the Livingston City Council was held on February 3, 2026, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:03 p.m.

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

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.

CLOSED SESSION

6. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator: Jose Antonio Ramirez, City
Manager
Employee Organizations:

OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees
Association OE3 -

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1:8]
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1:8]
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1:8]

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Management/Confidential Bargaining Unit
OE3 - Livingston Police Officer
Association
AFSCME- Public Works and Parks Unit

7. Conference With Legal Counsel – Potential Initiation of Litigation Pursuant to Government Code § 54956.9(D)(4) (2 Matters)

8. Conference with Legal Counsel – Significant Exposure to Litigation pursuant to Government Code Section 54956.9, subdivisions (D)(2) and (E)(1) (2 Matters)

CITIZEN COMMENTS
Mayor Moran opened and closed citizen comments at 6:05 p.m., as there were no comments from the public, the Council went into Closed Session immediately thereafter to discuss the following matters.

REGULAR MEETING
Mayor Moran called the meeting to order at 7:09 p.m.

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 (Absent)
Council Member Singh Uppal
Council Member Jason Roth (Teleconference)
Council Member Robert Wallis
Clerk Notes: Council Member Roth attended the meeting by teleconference pursuant to the just cause circumstance.

CLOSED SESSION ANNOUNCEMENT
Council Member Roth joined the closed session remotely at 6:07 p.m. and left at 6:59 p.m. The Council deliberated on item 6, and portions of items 7 and 8 were discussed. There was no reportable action. The Council will resume closed session after the open session.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened and closed citizen comments at 7:11 p.m., as there were no comments from the public.

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

County Supervisor Jim Pacheco gave a report.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.
• Anthony Chavarria, Public Works Director.

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

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

1. City Treasurer’s Investment Report for the Month Ending December 31, 2025.

2. Ratify Warrants Register Dated January 27, 2026

3. Adopt A Resolution Ratifying The Memorandum Of Understanding Between The City Of Livingston And The Public Works And Parks Employees Unit For The Period Of July 1, 2025 Through June 30, 2028 And Adopting A Revised Comprehensive Pay Schedule

6. Resolution Authorizing the City Manager to Execute a Professional Service Agreement with Moore Twining Associates, Inc. for Water and Wastewater Sampling Services in an Amount Not to Exceed 60,795.00 for Fiscal Year 2025/2026, $60,795.00 for Fiscal Year 2026/2027 and $61,830.00 for Fiscal Year 2027/2028 for a Term of Three Years, for a Total Contract Amount Not to Exceed $183,420.00 and Authorizing a Contingency for Additional Unexpected Sampling up to 10% each Fiscal Year for a total Contract Amount Not to Exceed $18,342.00
Mayor Moran opened and closed public comments at 7:22 p.m., as there were no comments from the public.

Motion: M/S Roth/Wallis to approve consent agenda items 1, 2, 3, and 6. The motion carried 4-0- 1 by the following roll call vote:

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

4. Resolution (1) Authorizing the City Manager to Execute a Purchase Order with Aqua Metric, in an Amount Not to Exceed $683,523.48 for the Purchases of Water Meters, Meter Transceiver Units (MXUs), Meter Registers, Etc., (2) Waiving Formal Bidding Requirements as a Sole Source procurement, as Outlined In Section 1-11-6 and (3) Authorizing the Finance Department to Make a Supplemental Appropriation to the

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Water Enterprise Fund in the Amount of $683,523.48.

Water/Wastewater Manager Jesus Chavez responded to council questions.

Mayor Moran opened and closed public comments at 7:33 p.m., as there were no comments from the public.

Motion: M/S Uppal/Wallis to approve Resolution (1) Authorizing the City Manager to Execute a Purchase Order with Aqua Metric, in an Amount Not to Exceed $683,523.48 for the Purchases of Water Meters, Meter Transceiver Units (MXUs), Meter Registers, Etc., (2) Waiving Formal Bidding Requirements as a Sole Source procurement, as Outlined In Section 1-11-6 and (3) Authorizing the Finance Department to Make a Supplemental Appropriation to the Water Enterprise Fund in the Amount of $683,523.48. The motion carried 4-0-1 by the following roll call vote:

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

5. Resolution of the City Council of the City of Livingston Accepting the Proposals from Calgon Carbon Corporation for the Replacement of Granular Activated Carbon Media at Well No. 8 and Well No. 16, Making Findings Supporting the Procurement for these Materials and Services is Exempt from Competitive Bidding Requirements, and Authorizing the City Manager to execute a Professional Services Agreement.

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

Motion: M/S Roth/Moran to approve Resolution Accepting the Proposals from Calgon Carbon Corporation for the Replacement of Granular Activated Carbon Media at Well No. 8 and Well No. 16, Making Findings Supporting the Procurement for these Materials and Services is Exempt from Competitive Bidding Requirements, and Authorizing the City Manager to execute a Professional Services Agreement.

The motion carried 4-0-1 by the following roll call vote:

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

7. A Resolution Of The City Council Of The City Of Livingston Approving A Professional Services Agreement With JB Anderson Land Use Planning To Provide General Planning Services And Authorize The City Manager Or Assistant City Manager To Sign The Professional Services Agreement.

Mayor Moran opened public comments at 7:45 p.m.

Public Comments:

John Anderson
Diego Castillo
Mayor Moran closed public comments at 7:55 p.m., as there were no further comments from the public.

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Motion: M/S Uppal/Wallis to approve Resolution Approving A Professional Services Agreement With JB Anderson Land Use Planning To Provide General Planning Services And Authorize The City Manager Or Assistant City Manager To Sign The Professional Services Agreement with the following amendments: contract extensions to be approved at the city council level rather than staff level. The motion carried 4-0-1 by the following roll call vote:

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

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Annual Discussion on Council Appointments to Boards, Commissions, and Committees and Give Direction on Whether Council Wants to Keep Current Appointments.

Mayor Jose Moran introduced this item.

Mayor Moran opened and closed public comments at 8:23 p.m., as there were no comments from the public.

Motion: M/S Uppal/Moarn to keep all council appointments the same except for MCAG. Appoint Mayor Moran as representative and Mayor Pro-Tem Samra as alternate representative. The motion failed 2-2-1 by the following roll call vote:

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

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.
• Council Member Uppal
Mayor’s Announcements and Reports
• Mayor Moran
.

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.

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• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.

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

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

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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
• Bring an item with the number of contracts that the Council approved using Sole Source for the last two years.
• Bring the Attorney Fee item when Jason Roth is present.

CLOSED SESSION ANNOUNCEMENTS
There was no reportable action.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:50 p.m. __________________________________
Deputy City Clerk of the City of Livingston

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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.

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STAFF REPORT
AGENDA ITEM: Resolution Of The City Council Of The City Of Livingston Authorizing And Approving The Allocation Of $600,001.05 Within Measure L Funding For The Period Of March 1, 2026, Through June 30, 2026, To Support The Recruitment And Initial Staffing Of The Previously Approved Fire Classifications
MEETING DATE: February 17, 2026
PREPARED BY: Arcelia Cruz, Human Resources Coordinator
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Adopt a resolution of the City Council of the City of Livingston authorizing and approving the allocation of $600,001.05 within Measure L funding for the period of March 1, 2026, through June 30, 2026, to support the recruitment and initial staffing of the previously approved fire classifications BACKGROUND AND DISCUSSION:

As a result of multiple actions taken by the City Council during 2024 and 2025 regarding the future delivery of fire services, the City, through the City Manager’s Office, engaged Fire Services Consultants to evaluate existing conditions, service demands, and long-term operational requirements. This work was conducted at the direction of the City Council following the County of Merced’s decision to terminate County fire services for the City of Livingston and subsequent Council actions to ensure continuity of service while transition options were evaluated.

Based on this analysis, the Fire Services Consultants recommended establishing four (4) fire classifications as a foundational step toward achieving baseline staffing levels necessary to support safe, reliable, and effective emergency response services. These positions are intended to reduce reliance on overtime, enhance firefighter safety, and ensure consistent apparatus staffing in accordance with applicable industry standards.

On January 20, 2026, the City Council approved the establishment of four (4) fire classifications, along with associated job descriptions and salary schedules, to support ongoing policy discussions and long-term planning for the transition of fire services.

The recommended classifications are part of a broader effort to establish a municipal fire department, inclusive of associated operational, equipment, and contracted service costs. To support the recruitment and initial staffing of the approved positions, staff requests City Council authorization to allocate $600,001.05 within the Measure L fund for the period March 1, 2026, through June 30, 2026.

This interim funding would allow the City to begin recruitment and onboarding activities while broader funding for fire services is considered as part of the FY 2026–27 budget process, concurrent with City Council consideration of the formal establishment of the Livingston Fire Department and its associated operational expenses.

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FISCAL IMPACT:

Authorize the Finance Department to make the supplemental appropriation not to exceed $600,001.05 within Measure L Fund 1231-103-4110 to 1231-103-4291 to support the recruitment and initial staffing of the previously approved Fire classification. An annual allocation for these positions will be included in the FY 2026/27 budget.

ATTACHMENTSATTACHMENTS:

1. Resolution

2. Fire Services Funding Overview

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RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING AND APPROVING THE ALLOCATION OF $600,001.05 WITHIN MEASURE L FUNDING FOR THE PERIOD OF MARCH 1, 2026, THROUGH JUNE 30, 2026, TO SUPPORT THE RECRUITMENT AND INITIAL STAFFING OF THE PREVIOUSLY APPROVED FIRE CLASSIFICATIONS.

WHEREAS, as a result of multiple actions taken by the City Council during 2024 and 2025 regarding the future delivery of fire services, the City, through the City Manager’s Office, engaged Fire Services Consultants to evaluate existing conditions, service demands, and longterm operational requirements following the County of Merced’s decision to terminate County fire services for the City of Livingston; and
WHEREAS, based on this evaluation, the Fire Services Consultants recommended the establishment of four (4) fire classifications as a foundational step toward achieving baseline staffing levels necessary to support safe, reliable, and effective emergency response services, reduce reliance on overtime, enhance firefighter safety, and ensure consistent apparatus staffing in accordance with industry standards; and
WHEREAS, on January 20, 2026, the City Council approved the establishment of the four (4) fire classifications, including the associated job descriptions and salary schedules, to support long-term planning and policy discussions related to the transition of fire services; and WHEREAS, the approved classifications are part of a broader effort to establish a municipal fire department, inclusive of associated operational, equipment, and contracted service costs; and WHEREAS, to support recruitment and initial staffing of the previously approved fire classifications, it is necessary to allocate interim funding to allow the City to proceed with recruitment and onboarding activities; and
WHEREAS, staff is requesting authorization to allocate $600,001.05 in funding for the period of March 1, 2026, through June 30, 2026, pending consideration of longer-term fire services funding as part of the FY 2026–27 budget process and City Council consideration of the formal establishment of the Livingston Fire Department.

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

Section 1. The City Council authorized and approved the allocation of $600,001.05 within the Measure L fund from 1231-103-4110 to 1231-103-4291 for the period of March 1, 2026, through June 30, 2026, to support the recruitment and initial staffing of the previously approved Fire classifications.

Section 2. This resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2026-_ 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 17th day of February 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

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ABSTAIN:

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

APPROVED AS TO LEGAL FORM
____________________________________
Marc Barraza Tran, City Attorney

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Position Account # Description Amount FTE
Annual Estimated
Cost
March - June 2026
Allocation
Captain 1231-103-4110 Salaries $ 82,369.79
1231-103-4210 Group Insurance $ 97,282.08
1231-103-4220 FICA $ 7.00
1231-103-4221 FICA - Medicare $ 1,207.41
1231-103-4230 PERS - Employer Contribution $ 13,598.81
1231-103-4250 Unemployment Insurance $ 203.00
1231-103-4260 Worker's Compensation $ 4,028.44
1231-103-4270 OPEB Trust Contribution $ 60,961.00
1231-103-4291 Uniform Expenses $ 900.00
$ 260,557.53 1.0 $ 260,557.53 $ 86,852.51
Engineer 1231-103-4110 Salaries $ 68,668.30
1231-103-4210 Group Insurance $ 97,248.94
1231-103-4220 FICA $ 7.00
1231-103-4221 FICA - Medicare $ 1,008.74
1231-103-4230 PERS - Employer Contribution $ 11,190.08
1231-103-4250 Unemployment Insurance $ 203.00
1231-103-4260 Worker's Compensation $ 3,306.49
1231-103-4270 OPEB Trust Contribution $ 60,961.00
1231-103-4291 Uniform Expenses $ 900.00
$ 243,493.55 3.0 $ 730,480.66 $ 243,493.55
Lieutenant 1231-103-4110 Salaries $ 75,169.88
1231-103-4210 Group Insurance $ 97,264.66
1231-103-4220 FICA $ 7.00
1231-103-4221 FICA - Medicare $ 1,103.01
1231-103-4230 PERS - Employer Contribution $ 12,333.06
1231-103-4250 Unemployment Insurance $ 203.00
1231-103-4260 Worker's Compensation $ 3,649.07
1231-103-4270 OPEB Trust Contribution $ 60,961.00
1231-103-4291 Uniform Expenses $ 900.00
$ 251,590.68 2.0 $ 503,181.36 $ 167,727.12
Resident Fire Fighter 1231-103-4120 Salaries - Part-Time 146,000.00 1231-103-4221 FICA - Medicare $ 12,880.12
$ 158,880.12 1.0 $ 158,880.12 $ 52,960.04

7.0 $ 1,653,099.67 $ 551,033.22
March - June Allocation $ 551,033.22
Estimated Overtime Pool 1231-103-4130 Salaries - Overtime $ 48,967.83 Total Requesting Funding: $ 600,001.05
City of Livingston
Fire Department Projected Fund Allocation

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STAFF REPORT
AGENDA ITEM: Resolution (1) Authorizing the City Manager to Execute a First Amendment to the Professional Service Agreement with Subsurface Technologies, Inc. to Provide Rehabilitation to Well 9 Increase The Scope of Work and Compensation by an Amount Not to Exceed $198,051.94, (2) Finding That There is a Need to Take Emergency Actions and Waive Formal Bidding Requirements as Outlined in Public Contract Code Section 22050 and Section 1-11-6 of the Livingston Municipal Code, and (3) Authorize the Finance Department to Make a Supplement Appropriation to the Water Enterprise Fund in the Amount of $198,051.94; 4) Authorizing the City Manager to Execute all Required Documents in a Form Approved by the City Attorney. (4/5 Vote Required)
MEETING DATE: February 17, 2026
PREPARED BY: Jesus Jr. Chavez, Water/Wastewater Manager REVIEWED BY: Jose Antonio Ramirez, City Manager
REVIEWED BY: Anthony Chavarria, Public Works Director
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (1) Authorizing the City Manager to execute a first amendment to the professional service agreement, Subsurface Technologies Inc. To provide rehabilitation to Well 9 to Increase the scope of work and compensation by an amount not to exceed $198,051.94, from the Water Enterprise Fund, (2) Finding that there is a need to take emergency actions and Waive formal bidding requirements as outlined In Public Contract Code Section 22050 and Section 1-11-6 of the Livingston Municipal Code, and (3) authorize the Finance Department to make a supplement appropriation to the Water Enterprise Fund in the amount of $16,768.39 (4) Authorizing the City Manager to execute all required documents in a form approved by the City Attorney. (4/5 Vote Required)
BACKGROUND:

Council previously approved rehabilitation of Well 9 on September 2, 2025. Work commenced on January 29, 2026. During initial work the well motor, column pipe, well bowl and screen were pulled and sent for inspection. While those components were being inspected, Subsurface Technologies performed a downhole camera inspection of the well casing. Findings Camera inspection shows holes in the upper and lower well casing; casing integrity is compromised and requires replacement. The motor requires a rewind, new bearings, dynamic balancing, and installation of a sight glass. Staff propose replacing the existing 16-inch casing with a new 14-inch casing (recommended based on current well geometry and best engineering practice). Given the casing failure and motor condition, the work scope must be expanded beyond the originally approved rehabilitation.

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DISCUSSION:

California Public Contract Code Section 22050(a) provides that in the case of an emergency, a public agency, pursuant to four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. The City Council may delegate, by resolution or ordinance, to the appropriate administrative officer the authority to take any action pursuant to Section 22050(a). In addition the Livingston Municipal Code Section 1-11-6, waiver of formal bid procedures, states that formal bid procedure of items over $10,000 can only be waived if the purchase is (A) Of urgent necessity for the preservation of life, health or property, (B) Waived by Council resolution passed by at least four affirmative votes; and/or (C) Available from only one source. Sole source must be adequately justified.

If a person with authority delegated pursuant to Section 22050(b) orders any action specified in Section 22050(a), the City Council shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least every 14 days thereafter until the action is terminated, to determine, by a fourfifths vote, that there is a need to continue the action, unless the person with delegated authority has terminated that action prior to the City Council’s review and determination. When the City Council reviews the emergency action, it must terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.

This is an urgent matter. If Council approves action tonight, staff anticipates completion by mid-May 2026, placing the well back in service before peak summer demand. Well 8A is not expected to be online until fall 2026 and therefore cannot serve as an interim supply source. Delay in repairs risks loss of well availability during high-demand months, potential loss of water supply redundancy, increased operational strain on other production wells, and potential public health or property and conservation impacts. For these reasons staff classifies this as an emergency requiring immediate action.

FISCAL IMPACT:

Staff is requesting authorizing the Finance Department to make a supplemental appropriation to Fiscal Year 2025/2026 budget in the amount of $198,051.94 to the Water Enterprise Fund (2100-810-4392).

ATTACHMENTS:

1. Resolution No. 2026-

2. First Amendment to Subsurface Technologies Agreement

3. Exhibit C-1 Subsurface Technologies Inc. Proposal

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RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1)

AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE

PROFESSIONAL SERVICE AGREEMENT WITH SUBSURFACE TECHNOLOGIES, INC. TO PROVIDE REHABILITATION TO WELL 9 TO INCREASE THE SCOPE OF WORK AND COMPENSATION BY AN AMOUNT NOT TO EXCEED $198,051.94, (2)

FINDING THAT THERE IS A NEED TO TAKE EMERGENCY ACTIONS AND WAIVE

FORMAL BIDDING REQUIREMENTS AS OUTLINED IN PUBLIC CONTRACT CODE SECTION 22050 AND SECTION 1-11-6 OF THE LIVINGSTON MUNICIPAL CODE, AND (3) AUTHORIZE THE FINANCE DEPARTMENT TO MAKE A SUPPLEMENT

APPROPRIATION TO THE WATER ENTERPRISE FUND IN THE AMOUNT OF $198,051.94; (4) AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS IN A FORM APPROVED BY THE CITY ATTORNEY (4/5

VOTE REQUIRED)
WHEREAS, the City Council approved a Professional Service Agreement with Subsurface Technologies, Inc., on September 2, 2025, for rehabilitation to Well 9; and WHEREAS, Subsurface Technologies has conducted preliminary investigations as part of the authorized work by the City Council and it was found there is a need for additional rehabilitation work for Well 9 including repairs to the well casing which is in deteriorated conditions, replacement of the well pump which has worn out bowls, and rewinding of the pump motor; and
WHEREAS, City staff anticipates this additional rehabilitation work will take 4-6 weeks to complete and staff is targeting completing this work before the hot summer months when the water demand is at its highest for the year; and
WHEREAS, any unexpected downtime for Well 9 would put a significant strain on the water system to supply the required water during the summer months; and WHEREAS, funding of $198,051.94 for this additional rehabilitation work was encumbered in Fiscal Year 2025/2026; and
WHEREAS, the City of Livingston must repair Well 9 and the City Council desires to proceed with the rehabilitation work and execute the First Amendment to the Agreement with Subsurface Technologies for the quoted prices; and
WHEREAS, the Livingston Municipal Code requires formal bidding procedures for all purchases over $10,000 unless the formal bidding process is undesirable, impossible, unavailing, or incongruous as determined by the City Manager; and
WHEREAS, Section 1-11-6 provides that formal bidding requirements for purchases over $10,000 may be waived if the purchase is: (A) of urgent necessity for the preservation of life, health or property; (B) exempted by Council resolution passed by at least four (4) affirmative votes; or (C) only available from one source; and
WHEREAS, California Public Contract Code Section 22050(a) provides that in the case of an emergency, a public agency, pursuant to four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that

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emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and
WHEREAS, “Emergency,” as used in the California Public Contract Code, means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, pursuant to California Public Contract Code, Section 1102; and WHEREAS, pursuant to Section 22050(b), the City Council, by a four-fifths vote, may delegate, by resolution or ordinance, to the appropriate county administrative officer, chief engineer, or other nonelected agency officer, the authority to order any action pursuant to Section 22050(a); and
WHEREAS, if a person with authority delegated pursuant to Section 22050(b) orders any action specified in Section 22050(a), that person shall report to the City Council, at its next meeting required pursuant to Section 22050, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency; and
WHEREAS, if a person with authority delegated pursuant to Section 22050(b) orders any action specified in Section 22050(a), the City Council shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least every 14 days thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless the person with delegated authority has terminated that action prior to the City Council’s review and determination; and
WHEREAS, when the City Council reviews the emergency action, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts; and WHEREAS, due to the deteriorated well casing, worn out pump bowls, and motor rewinding for Well 9, the City requires the repairs to the well casing, replacement of the well pump, and motor rewind and constitutes a sudden, unexpected occurrent that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of health, property, or essential public services.

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

1. There is a need to take emergency actions to Well 9 as a result of the deteriorated well casing, worn out pump bowls, and motor rewind and any unexpected downtime for this well would cause a significant strain on the water system to supply the required water during summer months.

2. That the emergency will not permit a delay resulting from a competitive solicitation of bids.

3. That the action is necessary to respond to the emergency; and therefore delegates authority to the City Manager to enter into an emergency First Amendment to the Professional Service Agreement With Subsurface Technologies, Inc. to provide

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rehabilitation to Well 9 and to increase the scope of work and compensation by an amount not to exceed $198,051.94 from the Water Enterprise Fund (2100-810-4392) in response to this incident and take any directly related and immediate action required by this emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts pursuant to Public Contract Code section 22050 and Livingston Municipal Code section 1-11-6.

4. The Finance Department is authorized to make a Supplement Appropriation to the Water Enterprise Fund in the amount of $198,051.94.

5. The City Manager is authorized to execute the First Amendment to the Professional Service Agreement with Subsurface Technologies attached hereto as Exhibit “A-1”.

6. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2026-___ 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 17th day of February 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

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

APPROVED AS TO LEGAL FORM
________________________
Marc Tran, City Attorney

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4898-3073-2943 v1

FIRST AMENDMENT TO THE

CONTRACT PROFESSIONAL SERVICES AGREEMENT

This First Amendment to the Agreement for Professional Services Agreement (“First Amendment”) is entered into on the 17th day of February 2026, by and between the CITY OF LIVINGSTON (“CITY”) and Subsurface Technologies, Inc. (“Consultant”). CITY and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

RECITALS

WHEREAS, on September 2, 2025, City and Consultant entered into a Professional Services Agreement with Subsurface Technologies for Pump rehabilitation and exploration for Well 9; and

WHEREAS, due to unforeseen circumstances, including findings camera inspection shows holes in the upper and lower well casing; casing integrity is compromised and requires them to be replaced.

WHEREAS, the motor requires a rewind, new bearings, dynamic balancing. Given the casing failure and motor condition, the work scope must be expanded beyond the originally approved rehabilitation, City requires an amendment to the agreement to increase the Scope of Work and Compensation by an amount not to exceed $198,051.94; and

NOW, THEREFORE, the Parties hereby agree as follows:

1. Amendment to Schedule A. Exhibit A, “SCOPE OF SERVICES,” of the Agreement is replaced with the Attached Exhibit A-1 to this First Amendment.

2. Amendment to Schedule C. Exhibit C, “SCHEDULE OF COMPENSATION” of the Agreement is replaced with the Attached Exhibit C-1 to this First Amendment.

3. Entire Agreement. Except as expressly provided herein, all other terms and conditions of the Professional Services Agreement between the City and Consultant dated September 2, 2025, shall remain in full force and effect.

4. Authority. The person signing this Agreement for Consultant represents and warrants that he/she is fully authorized to sign this First Amendment on behalf of Consultant to the performance of its obligations hereunder.

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

CITY OF LIVINGSTON,
a municipal corporation

_______________________________
Jose A. Ramirez, City Manager

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4898-3073-2943 v1
ATTEST:

___________________________
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM

____________________________________
Marc B Tran, City Attorney

SUBSURFACE TECHNOLOGIES, INC.

______________________________
Christopher Catania, CEO

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Phone: 916-389-4771
Fax: 845-567-1035
Well Rehabilitation Technology E-mail: [email protected] 40 Stone Castle Road, Rock Tavern, NY 12575
www.subsurfacetech.com
Company Name: Date:

Address: Phone: 209-394-8044
City, State, Zip: E-mail: [email protected] Attn: Site: Well #9
TOTAL
Mobilization/De-Mobilization $ 10,180.00
Labor & Equipment to Install 14" Liner $ 53,730.00
Conduct Video Survey $ 1,500.00
14" Carbon Steel Casing (170') $ 15,125.00
14" Stainless Steel Screen .050 (160') $ 31,300.00
SRI #8 Sand $ 1,365.00
Cement $ 1,350.00
Caliper & Deviation Log $ 4,680.00
Travel & per diem $ 7,200.00
Freight $ 2,100.00
Tax $ 4,299.75
SUBTOTAL: $ 132,829.75
Simflo SL12H-7 Pump 968 GPM @ 437' TDH $ 16,005.00
Full 8" Column & Shaft Assembly $ 31,595.00
Motor Rewind, New Bearings, Balance & Site Glass $ 11,225.00 Freight $ 1,250.00
Tax $ 5,147.19
SUBTOTAL: $ 65,222.19
TOTAL: $ 198,051.94
NOTE(S):
• Price and delivery for the goods listed in this proposal are based on current costs. The market for materials is highly volatile due to several global factors. Therefore, if our cost for any materials increase, we reserve the right to adjust our prices accordingly. If pricing has changed we will advise of the new price at time of order. • Site access for rubber tire vehicles to be provided and maintained by owner or owners representative.

All towing/dragging will to at owners expense. Standby rates will apply.

We propose to furnish material and labor -- in complete accordance with the above estimates, for the sum of $ 198,051.94 AS OUTLINED ABOVE, plus tax unless a current tax exempt certificate is provided. Payment to be made as follows: 1.5% 10 days Net 30. Partial billing may apply. Any unpaid balance over 30 days from the date of completion will have a finance charge added to the unpaid balance of 1.5% per month.

All material is guaranteed to be specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon consulting with client and approval and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. We will maintain commercial general liability, business automobile and workers compensation insurance for the duration of this work. The owner should purchase any additional insurance he deems necessary for the protection of his interests.

STI Authorized: Customer Accepted:

Printed Name/Title: Printed Name/Title:

Date: Date:

WE ARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION, SHOULD YOU PLACE AN ORDER, BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION. THIS QUOTATION IS SUBJECTED TO THE CONDITIONS PRINTED ON REVERSE SIDE, AND IS VALID FOR 10 DAYS. THEREAFTER IT IS SUBJECTED TO CHANGE WITHOUT NOTICE.

PROPOSAL
Anthony Chavarria
City of Livingston February 12, 2026
1416 C Street
Livingston CA 95334

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SUBSURFACE

TECH NO LOG I ES

STANDARD TERMS AND CONDITIONS
STI agrees to provide the services set forth on the front of this Agreement pursuant to the terms of this Agreement, including, but not limited to, the following Standard Terms and Conditions which constitute a part of this Agreement.

ARTICLE 1. RIGHT OF ENTRY: The Customer grants a right of periodic entry to STI, its agents, staff, consultants and contractors or subcontractors, for the purpose of performing all acts, studies, and research (including, without limitation, the obtaining of samples and the performance of tests and evaluations) pursuant to the Stimulation.

ARTICLE 2. SAMPLING AND TESTING LOCATION: Test described in STI's report or shown on sketches are based on specific information furnished by others or estimates made in the field by STI's personnel. Such dimensions, depths or elevations are approximations and are not warranted to be exact.

ARTICLE 3. DOCUMENTS: Customer will furnish or cause to be furnished such reports, data, studies, plans, specifications, documents and other information deemed necessary by STI for the proper performance of STI's services pursuant to this Agreement. STI may rely upon documents provided by the Customer in performing the services required under this Agreement.

ARTICLE 4. LIABILITY: Customer agrees to limit STI's liability to customer arising from negligent or other acts, errors, or omissions, such that STI's total aggregate liability for any cause and based upon any legal theory, including strict liability, shall not exceed the Total Charges received by STI pursuant to this Agreement.

ARTICLE 5. UNFORESEEN OCCURRENCE: If, during the performance of services, any unforeseen conditions or occurrences are encountered which, in STI's sole judgment significantly affect or may affect the services to be performed under this Agreement by STI or the risk involved in providing the stimulation, STI will have the right to terminate this Agreement and the services effective on the date specified by STI in writing.

ARTICLE 6. FORCE MAJEURE: STI is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of STI ARTICLE 7. NO THIRD PARTY BENEFICIARIES: This Agreement gives no rights or benefits to anyone other than the Customer and STI and this Agreement has no third-party beneficiaries.

ARTICLE 8. LEGAL ACTION: All legal actions by either party against the other arising from this Agreement, or for the failure to perform in accordance with the applicable standard of care, or any other cause of action, will be barred 1 years from the date the claimant knew or should have known of its claim, but in any event no later than 2 years from the date of substantial completion of STI's services.

ARTICLE 9. SURVIVAL: All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating the responsibility or liability between Customer and STI shall survive the completion of the services and the termination of this Agreement.

ARTICLE 10. INTEGRATION: This Agreement and the documents attached hereto and which are incorporated herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by all parties hereto.

ARTICLE 11. GOVERNING LAW: This Agreement shall be governed in all aspects by the laws of the State of New York

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STAFF REPORT
AGENDA ITEM: Resolution Approving the Traffic Engineering Evaluation and Proposed Modifications for Stop Signs on Hammatt Avenue and Directing Public Works Staff to Install the Stop Sign Improvements
MEETING DATE: February 17, 2026
PREPARED BY: Mario B. Gouveia, City Engineer
REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2026- , approving the Traffic Engineering Evaluation and proposed modifications for Stop Signs on Hammatt Avenue and directing Public Works Staff to install the stop sign improvements.

BACKGROUND:

The City of Livingston (City) has received complaints about the traffic flow at the intersection of Hammatt Avenue and Campbell Avenue, specifically regarding difficulty for traffic at the stop signs on Campbell Avenue merging onto Hammatt Avenue since traffic on Hammatt does not stop. Many close calls have been reported, and a number of collisions have occurred at this intersection, including one with a fatality in late 2025.

The Hammatt/Campbell corridor is a developing area in the City and the configuration of this intersection will be improved in the foreseeable future, including the installation of a four-way traffic signal projected to be constructed in 2027. In the interim, the City expressed the need to address the current conditions in order to improve safety and is evaluating the installation of temporary stop signs on both directions of Hammatt Avenue.

The City’s Traffic Committee addressed this item at its latest scheduled meeting on January 28, 2026. A traffic engineering evaluation of installing stop signs at Hammatt Avenue has been prepared as well as proposed modifications of signage and pavement striping/markings of the intersection for Council consideration.

DISCUSSION:

The “Traffic Evaluation of Stop Signs at Hammatt Avenue” (attached) was prepared following standard traffic engineering practices. Criteria and approach were consistent with the Manual of Uniform Traffic Control Devices (MUTCD), specifically Section 2B.07 Multi-Way Stop Applications.

The following criteria from Section 2B.07 were met:

A. Where traffic control signals are justified, the multi-way stop is an interim measure that can be installed.

B. Five or more reported crashes in a 12-month period that are susceptible to correction by a multiway stop installation. Such crashes include right-turn and left turn collisions as well as right-angle collisions.

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Additional criteria could not be evaluated because current speed data and average daily traffic counts are not available due to the urgency expressed by the City to address this issue.

Based on the fact that a permanent four-way traffic signal is scheduled to be installed at the intersection and that five (5) or more crashes have been reported in a 12-month period within the last five years, there are sufficient findings to support the installation of stop signs at Hammatt Avenue.

An exhibit of the proposed modifications of signage and pavement striping/markings of the intersection has been prepared (attached). The exhibit shows four (4) stop signs on Hammatt Avenue, two (2) in each direction. The through lane stop signs are solar enhanced for higher visibility.

ENVIRONMENTAL REVIEW
This project is exempt under the California Environmental Quality Act Section 15301(c), minor alteration of existing highways and streets involving negligible expansion of use beyond that at the time of determination.

FISCAL IMPACT:
$4,349.40 has been expended from the approved Fiscal Year 2025/2026 Budget from the Measure V 80% - Signs and Signals Account (1221-105-4613).

ATTACHMENTS:

1. Resolution

2. Traffic Engineering Evaluation

3. Stop Sign Modifications Exhibit

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RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING

THE TRAFFIC ENGINEERING EVALUATION AND PROPOSED MODIFICATIONS

FOR STOP SIGNS ON HAMMATT AVENUE AND DIRECTING PUBLIC WORKS

STAFF TO INSTALL THE STOP SIGN IMPROVEMENTS
WHEREAS, the City of Livingston has received complaints about the traffic flow at the intersection of Hammatt Avenue and Campbell Avenue; and WHEREAS, a number of collisions have occurred at this intersection; and WHEREAS, the Hammatt/Campbell corridor is a developing area of the City and a fourway traffic signal is projected to be constructed in 2027; and WHEREAS, in the interim, the City expressed the need to improve safety at the intersection and evaluate the installation of stop signs on both directions of Hammatt Avenue; and WHEREAS, a traffic engineering evaluation for stop signs on Hammatt Avenue has been prepared as well as proposed modifications of signage and pavement/markings of the intersection; and
WHEREAS, the traffic engineering evaluation was prepared following standard traffic engineering practices; and
WHEREAS, the following criteria from Section 2B.07 of the MUTCD were met:

A. Where traffic control signals are justified, the multi-way stop is an interim measure that can be installed.

B. Five or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. Such crashes include right-turn and left turn collisions as well as right-angle collisions.

WHEREAS, based on the fact that a permanent four-way traffic signal is scheduled to be installed at the intersection and that five (5) or more crashes have been reported in a 12-month period within the last five years, there are sufficient findings to support the installation of stop signs at Hammatt Avenue and related pavement striping/markings modifications; and WHEREAS, this project is exempt under the California Environmental Quality Act Section 15301(c), because it is a minor alteration of existing highways and streets involving negligible expansion of use beyond the time of determination.

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. Adopts a Resolution approving the Traffic Engineering Evaluation and proposed modifications for Stop Signs on Hammatt Avenue.

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3. Directs Public Works Department Staff to install the stop sign improvements for a cost of $4,349.40 expended from the approved Fiscal Year 2025/2026 Budget from the Measure V 80% - Signs and Signals Account (1221-105-4613).

4. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2026-___ 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 17th day of February 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

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

APPROVED AS TO LEGAL FORM
________________________
Marc Tran, City Attorney

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GOUVEIA ENGINEERING
456 SIXTH STREETŠ GUSTINE, CALIFORNIA 95322
TELEPHONE (209) 854-3300

MEMORANDUM

TO: City of Livingston City Council
FROM: Mario Gouveia, City Engineer
SUBJECT: Traffic Engineering Evaluation of Stop Signs at Hammatt Avenue DATE: January 28, 2026
CC: Jose A. Ramirez, City Manager
Dear City Council:

Pursuant to the City of Livingston (City) request, this technical memorandum evaluates the adequacy of installing stop signs on Hammatt Avenue at the intersection with Campbell Avenue. Presently there are stop signs on both legs of Campbell Avenue. We understand that the City has historically received complaints regarding difficulty for traffic at the stop signs on Campbell Avenue merging onto Hammatt Avenue. A number of close calls have apparently been reported and an accident resulting in one fatality occurred in 2025.

The configuration of this intersection will be improved in the foreseeable future, including installation of a four-way traffic signal that will safely control traffic. In the interim, the City expressed the need to address the current conditions in order to improve safety and is evaluating the installation of temporary stop signs on both sides of the intersection. A location map is shown in Figure 1 and includes the possible location of the stop signs and modification to pavement striping and markings.

Criteria and Approach
When assessing a location for the possible installation of a stop sign the following data criteria are normally needed:

1. Speed survey data

2. Traffic counts data

3. Traffic accident data

4. General Plan Circulation Element review for classification and function consistency

5. Consideration of precedents established by City action at other similar locations

6. Review of Manual of Uniform Traffic Control Devices guidelines regarding the installation of AllWay Stop controls

7. Consideration of other speed control options

8. Consideration of unintended consequences of All-Way Stop controls Traffic Data and Collision History
The City’s Police Department has a record of twenty-six (26) collisions in the last 5-year period at this intersection. Of these collisions, there were sixteen (16) non-injury, nine (9) minor injury, zero (0) major injury, and one (1) fatality, as shown on Appendix 1.

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GOUVEIA ENGINEERING
456 SIXTH STREETŠ GUSTINE, CALIFORNIA 95322
TELEPHONE (209) 854-3300
A search for collision history at the intersection was also performed using Transportation Injury Mapping System (TIMS). The search was for a five-year period, from September 30, 2020, to September 30, 2025.

The search revealed thirteen collisions as shown in Appendix 2. Data after September 30, 2025, was not yet available and, consequently, does not reveal the fatality that occurred in late 2025.

It should be noted that the number of collisions from the two data sources mentioned above are not cumulative.

For the purpose of this evaluation, speed and traffic count data was not obtained. It is known that, historically, traffic counts on Hammatt Avenue are higher than on Campbell Avenue.

Roadway Classification and Function
Hammatt Avenue is classified as an arterial street and is approximately 70 feet wide from face of curb to face of curb. Campbell Avenue is also classified as an arterial and is approximately 62 feet wide from face of curb to face of curb on the west side, and approximately 55 feet wide from edge of pavement to edge of pavement on the east side. Hammatt Avenue accommodates two lanes of travel in each direction with left and right turn pockets, and Campbell Avenue accommodates one lane of travel in each direction with left and right turn pockets eastbound. Posted speed limits are 40 mph on Hammatt Avenue (both directions) and 45 mph on eastbound Campbell Avenue. Westbound Campbell Avenue has no posted speed limit.

This area is primarily used for access to and from State Highway 99 and downtown Livingston. The Police Department has indicated that vehicles often speed along Hammatt Avenue through the Campbell intersection. In the absence of quantitative speed data, a visual review of the intersection geometry suggests that vehicles travelling on Hammatt Avenue at a high rate of speed would reduce the reaction time of a vehicle stopped at the stop sign on Campbell Avenue. Under this scenario, stop signs on Hammatt Avenue would likely help mitigate that condition.

Precedents at Similar Locations
A review of arterial street intersections with similar geometry and four-way stop signs revealed that Campbell Avenue and Main Street and Main Street and Peach Avenue already have four-way stop signs.

Manual of Uniform Traffic Control Devices
The Manual of Uniform Traffic Control Devices (MUTCD) is a tool employed by state and local governments to determine justification for installing signs, markings and other devices to control traffic on streets and highways. By following a consistent approach, safety is improved because motorists can be expected to understand the meaning of these devices and react accordingly.

Stop signs are discussed under MUTCD Section 2B.04 Right-of-Way at Intersections. This section states that stop signs should not be used for speed control.

Guidance with regards to all-way stops is presented in Section 2B.07 Multi-Way Stop Applications which follows.

Section 2B.07 Multi-Way Stop Applications
Support:
01 Multi-way stop control can be useful as a safety measure at intersections if certain traffic conditions exist. Safety concerns associated with multi-way stops include pedestrians, bicyclists, and all road users expecting other road users to stop. Multi-way stop control is used where the volume of traffic on the intersecting roads is approximately equal.
02 The restrictions on the use of STOP signs described in Section 2B.04 also apply to multi-way stop applications.

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GOUVEIA ENGINEERING
456 SIXTH STREETŠ GUSTINE, CALIFORNIA 95322
TELEPHONE (209) 854-3300
Guidance:
03 The decision to install multi-way stop control should be based on an engineering study. 04 The following criteria should be considered in the engineering study for a multi-way STOP sign installation:

A. Where traffic control signals are justified, the multi-way stop is an interim measure that can be installed.

B. Five or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. Such crashes include right-turn and left-turn collisions as well as right-angle collisions.

C. Minimum volumes:

1. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day; and

2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour; but

3. If the 85th-percentile approach speed of the major-street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the values provided in Items 1 and

2. D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to 80 percent of the minimum values. Criterion C.3 is excluded from this condition.

Option:
05 Other criteria that may be considered in an engineering study include:

A. The need to control left-turn conflicts;
B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes; C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop; and D. An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multi-way stop control would improve traffic operational characteristics of the intersection.

Alternative Speed Control Options
Typically, when evaluating the validity of installing stop signs, other traffic calming measures such as “speed bump” or “neckdown/bulb outs” are considered. However, these traffic calming measurements are more applicable to lower speed streets such as local and neighborhood streets and, therefore, were not considered for this application.

Unintended Consequences
Unwarranted stop signs can lead to motorist behavior which creates additional problems. When motorists fail to see a need to stop, usually because of limited conflicting traffic or short intersection spacing, they can begin rolling through the stop signs or ignoring them all-together, In turn, this can lead to disrespect for stop signs elsewhere in the community. In this case, line of sight does not appear to be an issue.

Motorists also attempt to make up for lost time by speeding between stop signs. As a result, while speeds can be reduced in the immediate vicinity of the stop sign, the effects are lost more than 300 feet from the site, and speeds can be higher than before at mid-block locations.

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GOUVEIA ENGINEERING
456 SIXTH STREETŠ GUSTINE, CALIFORNIA 95322
TELEPHONE (209) 854-3300
Conclusions
The intersection satisfies the following criteria from Section 2B.07 Multi-Way Stop Applications of the MUTCD:

A. Where traffic control signals are justified, the multi-way stop is an interim measure that can be installed.

B. Five or more reported crashes in a 12-month period that are susceptible to correction by a multiway stop installation. Such crashes include right-turn and left turn collisions as well as right-angle collisions.

Additional criteria could not be evaluated because current speed data and average daily traffic counts are not available due to the urgency expressed by the City to address this issue.

Based on the fact that a permanent four-way traffic signal is scheduled to be installed at the intersection and that five (5) or more crashes have been reported in a 12-month period within the last five years, there are sufficient findings to support the installation of stop signs at Hammatt Avenue.

Attachments

1. Appendix 1 – Livingston Police Department Collision Data

2. Appendix 2 – TIMS Collision Data

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APPENDIX 1 – LIVINGSTON POLICE DEPARTMENT COLLISION DATA

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2020: Non-injury- 6
Minor injury- 2
Major injury- 0
Fatal- 0
Property damage- 0
Total- 8
2021: Non-injury- 5
Minor injury- 2
Major injury- 0
Fatal- 0
Property damage- 0
Total- 7
2022: Non-injury- 4
Minor injury- 0
Major injury- 0
Fatal- 0
Property damage- 0
Total- 4

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2023: Non-injury- 1
Minor injury- 3
Major injury- 0
Fatal- 0
Property damage- 0
Total- 4
2024: Non-injury- 4
Minor injury- 2
Major injury- 0
Fatal- 0
Property damage- 0
Total- 6
2025: Non-injury- 2
Minor injury- 2
Major injury- 0
Fatal- 1
Property damageTotal- 5
For the year 2026 there have been no collisions at the intersection of Hammatt Avenue and Campbell Avenue.

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APPENDIX 2 – TIMS COLLISION DATA

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0.19 km
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community
TIMS (https://tims.berkeley.edu), SafeTREC, UC Berkeley Copyright © 2026 UC Regents; all rights reserved.

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PCF Violation
Number of Crashes by PCF Violation
13 Crashes
7 (53.85%)
1 (7.69%)
2 {1 5.38%)
e 03 - Unsafe .Speed e 04 - Following Too Closely e 08 - lmpropei Turning e 09 - Automobile Righi of Way e 18 - Other Than Dri\!er (or Pedestrian) By Day of Week and Time
Number of Crashes per Day of Week per Time
13 Crashes
25:00 - Unknown 0 0 0 0 0 0 0
21:00-.23:59 0 0 0 0 0 0 0
18:00-20:59 0 0 0 0

15.:00~ H:59 0 0 0 0
12:00-14:59 0 0 0 0
09:00~11:59 0 0 0 0 0 0 0

06.:00~08:59 0 0 0 0 0

03.:00~05:59 0 0 0 0 0 0 0
00:00-02:59 0 0 0 0 0 0
1 - Monday 2-Tuesday 3 - Wednesday 4 - Thursday 5- Friday 6 -Saturday 7 - Sunday .,...
~-
2 0

Page 71 of 81 ends

fJ) (I)
C
(/)
Number of Crashes by Type of Crash
13 Crashes
10 l!, ...
o 5 I
Type of Crash
• - - Not Staled
e D - Broadside
H- Other
By Crash Severity
-
0 0
z
fJ) <Ji)
C
00 ro
t5
0 ci
z
Crash Severity
0 • A - Head-On
• E - Hit Object
e B - Sideswipe
F - Overturned
-
q,'-
o-s'-
'<',
e C- Rear End
G - Vehicle/Pedestrian
Number of Crashes by Crash Severity
13 Craslles
12 10
8 6
4 2
0 1 - Fatal 2 - Injury {Severe) 3 - Injury (other
VISlble)
4- lnjury
{Complaint of Pain)
e 1 - fatal e 2 - Injury (Severe) e 3 - ln!u.ry (Other Visible} e 4 - Injury (Complaint of Pain) Show Zero ...

Type of crash count %
A - Head-On 0 0.00%
B - Sideswipe 2 15.38%
C - Rear End 2 15.38%
D - Broadside 8 61.54%
E - Hit Object 7.69%
F - overturned 0 0.00%
G - Vehicle/Pedestrian 0 0.00%
H - Ott1er 0 0.00%
Show zero ...

Crash Severity Count %
1 - Fatal 0 0.00%
2 - Injury {Severe) 0 0.00%
3 - Injury (Other Visible) lO 76.82%
4 - Injury (Complaint of Pain) 3 23.08%

6&$/(,1)((7

Page 72 of 81 ends

PAINT "STOP" MARKING
AND PAINT 12" SOLID
WHITE LIMIT LINE.
m
---- ~ ARROW MARKING
----
7 10
l lo
lo
1/
L...J
>
~
1--
1--
~
~
~
~
:r:::
-----------------'~-0---- -------------
Feb 05, 2026-1:32pm
PAINT TYPE Ill (L) \
ARROW MARKING \
\~-~-~, PAINT "STOP" MARKING AND PAINT 12"
SOLID WHITE LIMIT LINE.
i
\
\
\
===
o_o
I
r /4 I
\

CAMPBELL BLVD
--=------=====---===-- --- { - =:::::::::::::::::::::::::::: , ,
NOTES:

1. (L) - LED LIGHTED SIGN WITH SOLAR PANEL.

2. MARKINGS AND STRIPING SHOWN IN RED ARE TO BE REMOVED.

V:\COL\645\19\cad\exhibits\64519-Exb-stop.dwg EXHIBIT
Gouveia Engineering, Inc. • 456 Sixth Street • Gustine, California 95322 • (209) 854-3300 4916-9638-0544 v1 1 of 2

STAFF REPORT
AGENDA ITEM: Discussion and Direction on City Councilmembers’ use of City Attorney office time.

MEETING DATE: February 17, 2026
PREPARED BY: Marc Barraza Tran, City Attorney

RECOMMENDATION
It is recommended that the City Council provide direction on the City Councilmembers’ use of City Attorney office time.

BACKGROUND
On June 17, 2025, the City adopted a Resolution (No. 2025-64) appointing Burke, Williams & Sorensen, LLP as the City Attorney for the City of Livingston and Legal Counsel for the City of Livingston Successor Agency, the City of Livingston Planning Commission, the City of Livingston Public Financing Authority, and all other City boards and/or commissions.

The City Council wishes to balance the need for timely and appropriate legal advice with the expense involved in consulting with the City Attorney. They have asked that an item be placed on the agenda to discuss appropriate uses of City Attorney time when advising City Councilmembers.

DISCUSSION AND RECOMMENDATION
The role of the City Attorney is codified in Cal. Gov. Code § 41801 et seq., and includes, but is not limited to:

1. Providing legal advice and guidance to the City Council, Mayor, boards, commissions and staff on the scope of city authority, legality of actions, and compliance with local, state and federal laws.

2. Preparing and reviewing contracts, ordinances, resolutions, leases, deeds and other legal documents.

3. Representing the city in lawsuits, handling claims, and supervising outside law firms.

4. Analyzing legislation, assisting in developing city policies, and ensuring proper procedure is followed for council actions.

5. Investigating and advising on potential liability and risk mitigation.

Page 73 of 81 ends

4916-9638-0544 v1 2 of 2
The City Attorney does not represent City Councilmembers individually, but represents the City Council as a whole. If an individual councilmember requests legal advice, the advice must pertain to the business of the City or to the City Council, rather than to personal matters of an individual council member.

City Attorneys routinely advise individual council members regarding city business. Thus, it is important that, in order to control costs and make most efficient use of the City Attorney’s time, the advice requested is limited to matters that are currently pertinent to the City and City Council, and are considered priorities by the City Council. One way to effectively establish priorities for the City Attorney to address is through the City Council’s development of a strategic plan, and/or implementation of annual council retreats where priorities for the upcoming year are discussed and adopted. The City Council may determine that issues related to the strategic plan require no further authorization.

Another way to mitigate legal costs is to create parameters around consultation with legal counsel. For example, the City Council may decide to limit discussions and questions by duration. Council can direct that discussions between individual councilmembers and the City Attorney’s office be limited to questions that may be resolved immediately, or that require no more than two (2) hours of legal research and drafting. Any questions exceeding this threshold would then require further authorization.

FISCAL IMPACT
Staff time was used to prepare and process this agenda item.

SUMMARY
It is recommended that the City Council provide direction on the City Councilmembers’ use of City Attorney office time.

Page 74 of 81 ends

4911-9788-8383 v2 Page 1 of 2

STAFF REPORT
AGENDA ITEM: DISCUSSION REGARDING USE OF ELECTRONIC DEVICES DURING

CITY COUNCIL MEETINGS
MEETING DATE: February 17, 2026
PREPARED BY: Marc Barraza Tran, City Attorney
RECOMMENDATION:

Discuss and provide direction to staff regarding the use of electronic devices during City Council meetings.

BACKGROUND:

In July 2025, the City Council expressed concern about the use of electronic devices during City Council meetings. The City Attorney’s Office prepared materials in response to the City Council’s request, but the item was continued multiple times and the City Council ultimately did not discuss or provide any direction regarding this issue.

Councilmember Wallis recently requested that this item be brought to the City Council for discussion and direction.

DISCUSSION:

Due to the proliferation of technology, electronic devices are used constantly. City staff and officials may use electronic devices to communicate, learn about issues impacting City residents, and jot notes and questions regarding agenda items, presentations, and public comments.

The City Council expressed interest in discussing and establishing a policy regarding the use of electronic devices during City Council meetings.

Staff requests direction on the following:

1. What action and/or device use will the policy restrict;

2. When will the policy apply;

3. How will the policy be enforced; and

4. Whether the City should establish a City Council Policy and Procedures handbook or amend the Municipal Code to enact this policy.

Staff researched policies uses by other jurisdictions and found the following:

1. The City of Stockton prohibits Councilmembers from using electronic devices during a public meeting other than to access agenda materials on the Councilmember’s Cityissued laptop or tablet. However, the use of electronic devices is entirely prohibited during closed session. Should a Councilmember need to respond to an urgent personal matter, the Councilmember must either excuse themselves from the meeting or respond during a recess.

2. The City of Berkeley discourages the use of electronic devices in public meetings.

However, the use of cell phones is prohibited in closed session.

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4911-9788-8383 v2 Page 2 of 2
FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

None.

Page 76 of 81 ends

STAFF REPORT
AGENDA ITEM: Discussion and Direction on Agenda Setting Procedures

MEETING DATE: February 17, 2026

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

RECOMMENDATION
It is recommended that the City Council provide direction to staff on agenda setting procedures.

BACKGROUND
Currently, Livingston does not have a formal process for Council Members to request agenda items. In practice, individual Council Members may generally request an agenda item during the “Council Direction of Future Agenda Items” portion of a City Council meeting and obtain support for the item by at least one other Councilmember. In addition, the Mayor may separately request agenda items without obtaining additional support.

Separate from the Council Member process for adding items to the agenda, staff may work with the City Manager and City Attorney to place items on the agenda as business needs require.

Recently, the City Council directed staff to research how other cities proceed with placing City Council requests on agendas.

DISCUSSION
Staff collected information from other cities within California regarding their processes for City Council members to request agenda items. A summary of the information collected is provided as follows:
• A minority of the cities have a process that allows an individual Council Member to place an item on a future agenda, without a second or consensus from the rest of the legislative body.
• About a third of the cities evaluated have a process or policy that requires two Council members to request an item (the process varies from a written request to a request made verbally at a meeting).
• The majority of the cities have a process that requires a majority or more of the Council to request an item.

A table providing an overview of cities evaluated is attached.

Page 77 of 81 ends

4908-0689-6525 v1 2 of 2
In evaluating potential options, the Council may want to consider balancing the desire to allow for robust debate, exploring and researching issues where Council Members may need additional research before making a decision and limiting the expenditure of staff time and City resources on issues that may not ultimately result in a majority vote to support the proposed action.

Another issue the Council may want to consider is the timeframe to bring agenda items to the City Council. For any item that is not time sensitive, , the Council may want to provide staff with additional time to research and prepare materials. For time-sensitive items, Council may want to direct staff to place it on the next agenda.

While it is difficult to precisely estimate the time each item takes, even seemingly small items require hours of staff time to research, prepare staff reports, seek legal review, coordinate with stakeholders, and answer questions from Council Members. More complicated items can take dozens of hours across several different City Departments.

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Overview of Survey Results

Page 78 of 81 ends

City Pop Type # How can Council Members request agenda items? Second or Vote? Time Limit Adopted policy, resolution
or ordinance?
Camarillo 72,000 General Law 5 Request during a Council meeting. Second No Policy Ceres 48,397 General Law 5 Request during "Councilmember Referral" portion of meeting. Consensus No Hercules 26,500 General Law 5 Request during "Future Agenda Items" portion of meeting Consensus Yes, relative to research/prep time Resolution - CC Rules Kingsburg 13,000 Charter
5 Request during "Future Agenda Items" portion of meeting Consensus No Included in agenda language Laguna Beach 23000 General Law 5 Request during meeting and majority approval A 2nd to be discussed at a future meeting,
a 3rd to have an agenda report No Resolution
Los Altos Hills 10,000 General Law 5
Request during “Council, Commission, and Committee Initiated Items” portion of meeting No No Ordinance
Menlo Park 31,690 General Law 5
Submit form before agenda prints, the Council votes to approve future agenda item. Vote No Procedure - CC Handbook
Monterey 28,500 Charter 5
Submit a written request before agenda prints, the Council votes to approve future agenda item. 2 Yes Votes No Policy
Oceanside 171,000 Charter 5
Submit a written informational item w/ a second before agenda prints, the Council votes to approve future agenda item w/ staff input. Second No Policy Palmdale 156,410 Charter 5 Request during "Future Agenda Items" portion of meeting Consensus No Resolution - CC Code Red Bluff 14,700 General Law 5 Request during "Future Agenda Items" portion of meeting Consensus City Mgr. honors time request if
reasonable Policy
Sacramento 527,000 Charter 9
Submit a written request to Clerk for review by Mayor, City Manager, City Attorney, and City Clerk to be assigned for review to a committee. Approval from Standing Committee Requested by Council Member Procedure - CC Rules San Dimas 37,000 General Law 5 Request during "City Reports" portion of meeting Second Requested by Council Member San Fernando 24,500 General Law 5 Request in advance or consensus during meeting Consensus Depends on Council’s direction Resolution - CC Rules Saratoga 35,000 General Law 5 Request during "Future Agenda Items" portion of meeting Second No Resolution - CC Norms Scotts Valley 11,000 General Law 5 Request during "Future Agenda Items" portion of meeting Majority Support No Ordinance South Lake
Tahoe 21,000 General Law 5 Request during "Councilmember Reports" portion of meeting Second Yes - no sooner than the 2nd meeting
after request made. Policy - CC Protocols
Stanton 37,962 General Law 5 Request form to Clerk, then request during meeting Consensus No Resolution - CC Rules Sunnyvale 159,673 Charter 7
Requests for items can be made by motion during a Council meeting during Councilmember Comments. Items may be placed on the agenda by the Mayor or through a process called "Colleagues Memos" by a majority of a quorum of the Council (ie. Memo by 2 or 3 members) Second and majority vote. No Policy Thousand Oaks 130,000 General Law 5
Requests submitted in writing, to be considered as a future agenda item during the "City Council Issues/Recommendations" portion of agenda. Vote No Resolution Torrance 145,000 Charter 7
Request during "Council Announcements" or "Council Orals" to be considered as a future agenda item. Majority 60 days
Tulare 70,000 Charter 5
Submit written request before agenda prints, Council considers the request to be brought back as an agenda item. Consensus Requested by Council Member Procedure - CC Handbook Westminster 93,000 General Law 5
Request during "Comments and Requests for Agenda Items from City Council Members" portion of meeting Vote No Resolution
Yorba Linda 66,500 General Law 5
Individual members may place an item by submitting a written request, but staff does not compile any reports for such requests No No Policy

Page 79 of 81 ends

4931-1218-8799 v2 Page 1 of 2

STAFF REPORT
AGENDA ITEM: DISCUSSION REGARDING POTENTIAL DESIGNATION OF SCRIBE

AND THE KEEPING OF A MINUTE BOOK OF ALL CLOSED SESSION
MEETINGS PURSUANT TO GOVERNMENT CODE SECTION 54957.2
MEETING DATE: February 17, 2026
PREPARED BY: Marc Barraza Tran, City Attorney

RECOMMENDATION:

Discuss and provide direction to staff regarding potential designation of scribe and the keeping of a minute book of all closed session meetings pursuant to Government Code section 54957.2.

BACKGROUND:

In July 2025, the City Council expressed concern about the use of electronic devices during City Council closed session meetings and the lack of a designated scribe. The City Attorney’s Office prepared materials in response to the City Council’s request, but the item was continued multiple times and the City Council ultimately did not discuss or provide any direction regarding this issue.

Currently, the City Clerk attends and enters into a minute book a record of discussions, decisions, and comments made during open session meetings of the City Council. In addition, recordings of open session are retained by the City.

The City Council expressed interest in designating an officer or employee of the City to attend each closed session of the City Council and enter into a minute book a record of topics discussed and decisions made during the closed session meeting.

DISCUSSION:

California Government Code section 54957.2 permits the City Council to designate a clerk or other officer or employee of the City to attend each closed session of the City Council and enter into a minute book a record of topics discussed and decisions made at the meeting. Section 54957.2 makes clear that the minute book are not public records subject to the California Public Records Act and shall be kept confidential. The minute book will be available for review only to members of the City Council, and no copy of any closed session minutes will be provided to individual council members, unless otherwise required by law.

The City currently does not have policies and procedures regarding closed session scribes.

Staff requests direction on the following:

1. Who shall serve as the designated scribe for closed session meetings;

2. Whether the City should consider receiving bids from Artificial Intelligence notetaking vendors; and

3. Whether the City should establish a City Council Policy and Procedures handbook or amend the Municipal Code to enact this policy.

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4931-1218-8799 v2 Page 2 of 2
Staff researched policies uses by other jurisdictions and found the following:

1. The City of Laguna Niguel designated the City Clerk and City Attorney to serve as the notetaker for each closed session meetings. Should neither the City Clerk or City Attorney attend closed session, the City Manager shall designate another officer to serve as the notetaker.

2. The City of Napa designated the City Clerk to attend closed session meetings and keep minutes.

FISCAL IMPACT:

No immediate fiscal impact. There may be costs in the form of additional staff time needed to attend closed session meetings, prepare notes, and summarize the same.

ATTACHMENTS:

None.

Page 81 of 81 ends
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