Agenda packet — Livingston City Council, March 3, 2026 (part 1 of 2)

REVISED

CITY COUNCIL SPECIAL AND REGULAR

MEETING AGENDA
MARCH 3, 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 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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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

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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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1. Ratify Warrants Register Dated February 23, 2026.

2. Consideration and Approval of Minutes of Meeting Held on November 23, 2025.

3. Consideration and Approval of Minutes of Meeting Held on February 17, 2026.

4. Consideration of Adopting a Resolution Authorizing the Purchase of One New Kubota (Rtvx2-Skh Standard UTV From Garton Tractor, in an Amount Not to Exceed $19,509.86 and Authorizing the City Manager to Execute All Required Documents.

5. Consideration of Adopting a Resolution Appointing Utility Rates Stakeholders Committee Members.

6. Consideration of Adopting a Resolution Authorizing Implementation and Administration of a Health Benefit Plan for Retirees with Bienstar (Group Retiree Health Solutions).

7. Consideration of Adopting a Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in June Due to the 2026 Primary Election.

8. Consideration of Adopting a Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in November Due to the 2026 General Election.

9. Consideration of Adopting a Resolution Continuing the Local Emergency Due to the Public Health and Property Threat Created by the Well 9 Failure (4/5 Vote Required).

PUBLIC HEARING

10. Consideration of Waiving Second Reading and Adopting Ordinance 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.

11. Introducing and Waiving First Reading of Zoning Text Amendment No. 2025-01- An Ordinance Amending Livingston Municipal Code Title 5, Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, And Chapter 7 Related To Housing Development And Standards, Including Definitions, Off-Street Parking, Site Plan And Design Review, Density Bonuses, Use Permits, Ministerial Approvals, Emergency Shelters, Single Room Occupancy, And Residential And Commercial Uses Zoning Matrix, and Scheduling a Second Reading of the Ordinance for Adoption.

12. Consideration of Adopting a Resolution Approving Parcel Map 2025-01 and Exception to the Subdivision Ordinance 2025-01 to Allow for The Parcel to be Split Into Two New Parcels and the Development of Two Single-Family Homes with Attached Accessory Dwelling Units on the Newly Created Parcels Located at 612 East Avenue, Livingston, CA, (APN: 024-100-036).

DISCUSSION AND POTENTIAL ACTION ITEMS

13. General Plan Amendment (GPA) No. 2024-02- City of Livingston Sixth Cycle (2024-2032) Housing Element Update.

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14. Discussion and Direction to Consider Request from Micah Gallo of Joseph E Gallo Livingston Ranches LP to Amend the City’s Adopted 2024 General Plan Study Area Preferred Land Use Alternative Study Area.

15. Consideration of Adopting a Resolution to Procure New Playground Equipment at Max Foster Sports Complex And 1) Authorizing the City Manager to Issue a Purchase Order to the Selected Vendor And 2) Authorizing the City Manager to Execute a Purchasing Agreement.

16. Discussion and Direction on City’s State and Federal Legislative Priorities.

17. Consideration of Adopting Resolution Authorizing Submission Of The Livingston 99 Storm Drainage Lift Station Rehabilitation Project For Fy27 Community Project Funding and Resolution Authorizing Submission Of The Livingston Fire Engine Acquisition Project For Fy27 Community Project Funding Consideration.

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

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

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

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

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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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AGENDA ITEM: Warrant Register February 23, 2026

MEETING DATE: March 3, 2026

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

Ratify the warrant register dated February 23, 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:

February 11, 2026-February 23, 2026

GENERAL WARRANTS……………………. $ 609,503.40 15228-15298
*15299-15302- Printing errors-Checks Voided
PAYROLL/WIRE WARRANTS……….……. $ 323,669.82 4015-4038
ACH WARRANTS…………………………… $ 55,017.38
TOTAL WARRANTS………………………… $ 988,190.60
ATTACHMENTS:

Warrant Register (detailed by date and check number)

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Accounts Payable
User:

Printed:
nfuentes
2/23/2026 11:11 AM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
15228 251 ABS Direct, Inc. 02/13/2026 124.39
15229 395 Administrative Solution, Inc. 02/13/2026 300.00 15230 434 AFSCME District Council 57 02/13/2026 889.35
15231 1307 Amazon Capital Services 02/13/2026 911.30
15232 396 American Fidelity Assurance 02/13/2026 3,363.59 15233 397 American Fidelity Assurance Company 02/13/2026 1,295.76 15234 253 AT&T 02/13/2026 234.98
15235 162 Steve Bassi 02/13/2026 25.00
15236 446 Belkorp Ag, LLC 02/13/2026 50,245.25
15237 132 Bobcat Central, Inc. 02/13/2026 626.47
15238 193 BSK Associates 02/13/2026 389.34
15239 192 Cal Traffic 02/13/2026 132.83
15240 1693 California Consulting, Inc 02/13/2026 4,750.00 15241 393 California State Disbursement Unit 02/13/2026 2,318.74 15242 1412 Gregory Castro 02/13/2026 150.00
15243 291 City of Livingston c/o L &L District Irrigation02/13/2026 6,563.40 15244 283 CoreLogic Solutions, LLC 02/13/2026 200.00
15245 1308 CSG Consultants, Inc. 02/13/2026 555.33
15246 1734 Dana Safety Supply, Inc 02/13/2026 7,035.88
15247 293 Department of Justice Accounting Office 02/13/2026 1,876.98 15248 547 Don's Mobile Glass 02/13/2026 150.00
15249 455 Ernest Packaging Solutions 02/13/2026 2,208.16 15250 1479 Ferguson Waterworks #2777 02/13/2026 697.14
15251 1151 Jose Flores 02/13/2026 25.00
15252 387 Frontier Communications Corp Frontier Comm of Global Valley 02/13/2026 153.12 15253 1758 Garda CL West, Inc. Lockbox #233209 02/13/2026 186.79 15254 356 Gouveia Engineering, Inc. 02/13/2026 83,105.12 15255 1098 Granite Construction Company 02/13/2026 1,461.60 15256 811 Pete Hulse, DVM, Pa Hilmar Animal Hospital02/13/2026 426.00 15257 501 Hunt & Sons, LLC 02/13/2026 7,309.50
15258 1033 Independent Investigations LLC 02/13/2026 1,229.00 15259 1726 International Tele-Path 02/13/2026 1,935.00
15260 388 Interstate Battery System of Fresno 02/13/2026 708.97 15261 786 J.B, Anderson Land Use Planning 02/13/2026 26,542.70 15262 570 Jocelyn E. Roland, Ph.D., ABPP 02/13/2026 500.00 15263 1551 Mohinder Kanda 02/13/2026 25.00
15264 268 Language Line Services, Inc. 02/13/2026 183.30 15265 612 Livingston Peace Officers Association 02/13/2026 1,570.00 15266 276 Livingston True Value Hardware, Inc. 02/13/2026 89.16 15267 1723 Jatinder Mann 02/13/2026 25.00
15268 615 McClatchy Company LLC 02/13/2026 2,577.91
15269 524 Merced Chevrolet 02/13/2026 71.71
15270 595 Metro Uniform Merced 02/13/2026 1,077.34
15271 270 Modern Air Mechanical 02/13/2026 602.50
15272 199 Northstar Chemical 02/13/2026 2,796.77
15273 302 Office Depot, Inc./ODP Business Solutions, LLC 02/13/2026 696.12 15274 437 Operating Engineers Local 3 02/13/2026 318.00 AP Checks by Date - Summary by Check Date (2/23/2026 11:11 AM) Page 1 (irty o,f Uving1sto1n
1416 C Stroot
Livingston, CA 95334

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Check No Vendor No Vendor Name Check Date Check Amount
15275 438 Operating Engineers Local Union No.3 02/13/2026 684.00 15276 201 O'reilly Automotive, Inc. 02/13/2026 1,173.33 15277 405 Premier Access Insurance Company 02/13/2026 7,695.90 15278 1668 Rincon Consultants, Inc 02/13/2026 1,020.37
15279 1330 James D Sanders 02/13/2026 1,350.00
15280 589 Shannon Pump Co. 02/13/2026 532.00
15281 307 Shred-It, C/O Stericycle, Inc. 02/13/2026 381.71 15282 989 Jasneil Singh 02/13/2026 25.00
15283 613 Snap-On 02/13/2026 95.16
15284 671 Natalie Sobalvarro 02/13/2026 500.00
15285 1284 State of California 02/13/2026 130.16
15286 1068 Steele Public Safety Systems 02/13/2026 1,090.00 15287 1777 Super Bright LEDs 02/13/2026 217.93
15288 1606 SVA Architects, Inc. 02/13/2026 175,000.00
15289 915 Teeples Plumbing & Drilling Inc. 02/13/2026 5,968.75 15290 564 Texas Life Insurance 02/13/2026 260.60
15291 310 Totlcom, Inc. 02/13/2026 427.71
15292 366 USABlueBook 02/13/2026 2,064.43
15293 1150 Valley 29 Electric, LLC 02/13/2026 1,330.00
15294 314 Valley Coffee & Water 02/13/2026 8.00
15295 1204 Valley Sanitation & Rentals LLC 02/13/2026 69.00 15296 608 Vision Service Plan- CA 02/13/2026 1,140.75
15297 818 Renee Waite-Mendonca 02/13/2026 25.00
15298 597 Work Wellness 02/13/2026 504.00
Total for 2/13/2026: 420,353.30
15303 251 ABS Direct, Inc. 02/23/2026 2,045.77
15304 1307 Amazon Capital Services 02/23/2026 1,162.23
15305 282 AT&T Mobility 02/23/2026 2,437.97
15306 546 Bogie's Pump Systems 02/23/2026 4,697.20
15307 256 California Police Chiefs Association 02/23/2026 875.00 15308 1018 CalPERS 02/23/2026 78,223.00
15309 1239 Clark Pest Control of Stockton, Inc. 02/23/2026 86.00 15310 1765 Nino Dimas 02/23/2026 357.00
15311 1410 FFP Fund VII TEI Partnership 1, LLC 02/23/2026 4,175.74 15312 1603 Melanie Garcia 02/23/2026 513.00
15313 1821 Heritage Lanscape Supply Group, INC 02/23/2026 1,040.30 15314 570 Jocelyn E. Roland, Ph.D., ABPP 02/23/2026 500.00 15315 1671 Merced County Auditor/Controller's Office 02/23/2026 105.00 15316 180 Mission Linen Service 02/23/2026 993.89
15317 194 Modesto Welding Products 02/23/2026 24.00
15318 2 Angelita Moran 02/23/2026 405.00
15319 201 O'reilly Automotive, Inc. 02/23/2026 61.02
15320 525 Pape Machinery INC 02/23/2026 5,570.67
15321 1796 Power Business Technology 02/23/2026 8.95
15322 1735 BlueTriton Brands, Inc Primo Brands 02/23/2026 290.93 15323 430 Quadient Finance USA, Inc. 02/23/2026 6,110.93 15324 1757 Razzari Dodge Chrysler Jeep 02/23/2026 1,071.03 15325 433 Razzari Ford 02/23/2026 124.41
15326 1719 Rockwell Engineering & Equipment Co 02/23/2026 178.34 15327 500 Safeguard Business Systems 02/23/2026 995.88
15328 561 Safe-T-Lite of Modesto, Inc. 02/23/2026 504.39 15329 691 Seegers Printing 02/23/2026 173.20
15330 309 St. Francis Electric 02/23/2026 1,260.00
15331 1405 Taylor Backhoe Service, Inc. 02/23/2026 70,372.47 15332 1803 Toshiba Financial Services 02/23/2026 1,632.54 AP Checks by Date - Summary by Check Date (2/23/2026 11:11 AM) Page 2

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Check No Vendor No Vendor Name Check Date Check Amount
15333 284 Trans Union LLC 02/23/2026 204.71
15334 1552 Turbo Data System, Inc. 02/23/2026 800.09
15335 313 U.S. Bank Equipment Finance 02/23/2026 453.17 15336 314 Valley Coffee & Water 02/23/2026 66.95
15337 367 Verizon Wireless 02/23/2026 1,629.32
Total for 2/23/2026: 189,150.10
Report Total (106 checks): 609,503.40
AP Checks by Date - Summary by Check Date (2/23/2026 11:11 AM) Page 3

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User:

Printed: 02/13/2026 - 11:48AM
[email protected]
Electronic AP Proof List
Clearing House
Sort By: Vendor Name
Batch: 00003.02.2026
Source Vendor Name Transfer/Route Check Digit Account Number Amount AP5 014-02-2026 188 Frontier, / 1,748.22
Records Printed: 1 1,748.22
CH-Electronic AP Proof List (02/13/2026 - 11:48 AM) Page 1 ,City ,o,f Uv1i1nig1ston
1416 C Street
Livingston, C.A 95334

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User:

Printed: 02/12/2026 - 2:45PM
nfuentes
Electronic AP Proof List
Clearing House
Sort By: Vendor Name
Batch: 00001.02.2026
Source Vendor Name Transfer/Route Check Digit Account Number Amount AP5 002-02-2026 422 U.S. Bank Corporate Payment Systems, / 16,315.45 Records Printed: 1 16,315.45
CH-Electronic AP Proof List (02/12/2026 - 2:45 PM) Page 1 ,City ,o,f Uv1i1nig1ston
1416 C Street
Livingston, C.A 95334

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User:

Printed: 02/23/2026 - 12:10PM
nfuentes
Electronic AP Proof List
Clearing House
Sort By: Vendor Name
Batch: 00005.02.2026
Source Vendor Name Transfer/Route Check Digit Account Number Amount AP5 017-02-2026 272 Charter Communications Holdings, LLC, / 233.48 AP5 017-02-2026 188 Frontier, / 782.57
AP5 017-02-2026 675 Lance, Soll & Lunghard, LLP, / 5,966.25 AP5 017-02-2026 203 PG&E, / 227.49
Records Printed: 4 7,209.79
CH-Electronic AP Proof List (02/23/2026 - 12:10 PM) Page 1 ,City ,o,f Uv1i1nig1ston
1416 C Street
Livingston, C.A 95334

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User:

Printed: 02/23/2026 - 10:40AM
nfuentes
Electronic AP Proof List
Clearing House
Sort By: Vendor Name
Batch: 00004.02.2026
Source Vendor Name Transfer/Route Check Digit Account Number Amount AP5 015-02-2026 278 Merced Irrigation District, / 53,269.16 Records Printed: 1 53,269.16
CH-Electronic AP Proof List (02/23/2026 - 10:40 AM) Page 1 ,City ,o,f Uv1i1nig1ston
1416 C Street
Livingston, C.A 95334

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MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
SEPTEMBER 23, 2025
A Special Meeting of the Livingston City Council was held on September 23, 2025, in the Council of Chambers, with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 6:08 p.m.

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

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

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 6:10 p.m. and closed Citizen Comments at 6:11 p.m., as there were no comments from the public.

VISION & GOAL SETTING WORKSHOP
Facilitator: Paul E. Pierce.

City Manager Jose A. Ramirez introduced Mr. Pierce.

Paul E. Pierce introduced this item.

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Attendees introduced themselves.

Welcome & Framing
Paired appreciative -Interviews (discover)
Trios- Story Harvest
Whole-room Cluster & Theme Naming
Dream: Headlines from the Future 2032
Report-Out
Design- out.

Convergence- share and combine.

Final priorities- closing & next steps.

CLOSED SESSION

1. Conference with Legal Counsel – Significant Exposure to Litigation pursuant to Government Code Section 54956.9, subdivisions (d)(2) and (e)(1): Three (3) Matters.

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

OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees Association
OE3 - Management/Confidential Bargaining Unit
OE3 - Livingston Police Officer Association
AFSCME- Public Works and Parks Unit
Opened and closed citizen comments at 8:04pm
Council went to closed session.

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken.

ADJOURNMENT
The special meeting was adjourned by consensus at 8:56 p.m. ____________________________________
Deputy City Clerk of the City of Livingston
APPROVED:
___________________________
Mayor or Mayor Pro Tempore

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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 17, 2026
A Special and Regular Meeting of the Livingston City Council was held on February 17, 2026, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:06 p.m.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Singh Uppal
Council Member Jason Roth (Late Attendance)
Council Member Robert Wallis
Clerk Notes: Council Member Roth entered the Council Chambers at 6:13 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.

CITIZEN COMMENTS
Mayor Moran opened and closed citizen comments at 6:07 p.m., as there were no comments from the public, the Council went into Closed Session immediately thereafter to discuss the following matters. 1:8]
1:8]
1:8]
1:8]
1:8]

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CLOSED SESSION

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

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

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

3. Real Property Negotiations (ITEM ADDED BY MOTION AT THE MEETING) Unassigned address Southwest quadrant of Winton Parkway and B Street, APN: 022-010-007 Government Code section 54956.8
Mayor Moran opened and closed public comments at 6:09 p.m. as there were no comments from the public.

City Attorney Marc Tran noted that they have an add-on item to the closed session. Real property negotiations pursuant to government code sections 54954.2 subdivision b2. The City needed to take action for the following reasons: 1) the need to take immediate action arose after the agenda was published. The motion would require a 2/3 vote from the council. The negotiator will be the city manager. The terms would be the scope for the potential purchase of the property.

Motion: M/S Uppal/Samra to add closed session item as stated (above) from the City Attorney. 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 added that the property is an unassigned address Southwest quadrant of Winton Parkway and B Street, APN: 022-010-007

REGULAR MEETING
Mayor Moran called the meeting to order at 7:01 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

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Mayor Pro Tem Gurpal Samra
Council Member Singh Uppal
Council Member Jason Roth
Council Member Robert Wallis

CLOSED SESSION ANNOUNCEMENT
City Council discussed items 6 and 7. No reportable action was taken regarding items 6 and 7 of the closed session. Item 8, which was an add-on item pursuant to government code sections 54954.2 subdivision b2. The item was in regard to real property negotiations. City Council authorized the City Manager to issue an offer for the portion of the subject property.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened and closed citizen comments at 7:02 p.m., as there were no comments from the public.

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 Planner
• Jesus Chavez, Water/Wastewater Manager
City Manager Announcements and Reports.
• Jose A. Ramirez, City Manager

None.

CONSENT AGENDA

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.

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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).

Mayor Moran opened and closed public comments at 7:17 p.m., as there were no comments from the public.

Council Member Uppal pointed out a clerical error on item 7 of the resolution. He asked that the word “Supplement” in section 4 of the resolution be changed to “Supplemental.” Motion: M/S Samra/Uppal to approve the consent agenda with the purpose correction that Council Member Uppal pointed out [on item 7 resolution]. 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
Mayor Moran reopened and closed public comments at 7:22 p.m., as there were no comments from the public.

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.

City Engineer Mario Gouveia introduced this item and responded to Council questions.

Mayor Moran opened public comments at 7:34 p.m.

Public Comments:

Pamela Ramirez – via teleconference
Mayor Moran closed public comments at 7:35 p.m., as there were no further comments from the public.

Page 21 of 290 ends

Motion: M/S Samra/Roth to approve 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. 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

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

City Attorney Marc Tran introduced this item.

Mayor Moran opened and closed public comments at 7:57 p.m., as there were no comments from the public.

Motion: M/S Samra/Roth to continue the item to a future date and have legal research if the item can be put under closed session. 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. Discussion Regarding Use Of Electronic Devices During City Council Meetings.

Council Member Wallis introduced this item.

Mayor Moran opened and closed public comments at 8:01 p.m., as there were no comments from the public.

Motion: M/S Uppal/Wallis to create a policy to prohibit the use of electronic devices at public meetings. The motion carried 4-1-0 by the following roll call vote:

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

11. Discussion and Direction on Agenda Setting Procedures.

City Attorney Marc Tran introduced this item.

Mayor Moran opened public comments at 9:05 p.m.

Public Comments:

Parwinder Uppal
Mayor Moran closed public comments at 9:07 p.m., as there were no further comments from the public.

Motion: M/S Uppal/Roth to direct staff to develop a council protocol and procedures document, which includes a policy that states that all council members must have a

Page 22 of 290 ends

second from another member of the council to bring an item to the agenda and direct legal counsel to research legality of the policy as it relates to the Mayor’s ability to put an item on the agenda. The motion carried 5-0-0 by the following roll call vote:

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

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.

City Attorney Marc Moran introduced this item.

Mayor Moran opened public comments at 9:41 p.m.

Public Comments:

Parwinder Uppal
Mayor Moran closed public comments at 9:44 p.m., as there were no further comments from the public.

Motion: M/S Wallis/Samra for staff to provide the cost to the city, who will keep and control the recording. The motion carried 4-1-0 by the following roll call vote:

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

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.

Page 23 of 290 ends

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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
• Discussion on whether they will need the attorneys at the planning commission meetings.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:55 p.m. __________________________________
Deputy City Clerk of the City of Livingston
APPROVED:
_____________________________

Page 24 of 290 ends

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.

Page 25 of 290 ends

STAFF REPORT
AGENDA ITEM: Adopt a Resolution Approving the Purchase of One New Kubota (RTVX2- SKH Standard UTV from Garton Tractor, in an Amount Not to Exceed $19,509.86 and Authorizing the City Manager to Execute all Required Documents
MEETING DATE: February 17, 2026
PREPARED BY: Anthony Chavarria, Director of Public Works REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution approving the purchase of one new Kubota (RTVX2-SKH Standard UTV from Garton Tractor, in an amount not to exceed $19,509.86 and authorizing the City Manager to execute all required documents.

BACKGROUND:

The Public Works department is responsible for maintaining City infrastructure, parks, streets, facilities, and utilities, which requires reliable and versatile equipment to efficiently perform daily operations. A Kubota utility vehicle is a valuable asset that enhances the department’s ability to respond to maintenance needs, transport tools and materials, and access areas that are not easily reached by larger vehicles.

Additionally, Kubota equipment is known for its reliability and low maintenance requirements, which helps reduce downtime and long-term operating costs. The addition of this equipment will improve staff productivity, enhance safety in the field, by having the ability to maintenance areas that cannot be accessible with large vehicles. This Kubota can also be used for special events such as parades and festivals and support the City’s ability to maintain public assets efficiently and respond promptly to maintenance and service needs.

DISCUSSION:

City Municipal Code Title 1, Chapter 11 allows the City to use the procurement services from SourceWell for purchasing. SourceWell is a joint powers authority (See California Government Code Section 6502) that offers national, competitively solicited purchasing contracts meeting the requirements for Livingston Municipal Code § 1-11-4(G) - cooperative purchasing agreements.

The new Kubota will be purchased through Sourcewell’s contract #112624-KBA with Garton. The quote for the new Kubota is attached.

FISCAL IMPACT:
$19,509.86 will be expended from Fiscal Year 2025-2026 approved budget from the Public Works Fund (1100-105-7410)-Equipment Purchase

Page 26 of 290 ends

ATTACHMENTS:

1. Resolution No. 2026-

2. Quote from Garton Tractor for the Kubota

Page 27 of 290 ends

RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING THE PURCHASE OF ONE NEW KUBOTA (RTVX2-SKH STANDARD UTV FROM GARTON TRACTOR, IN AN AMOUNT NOT TO EXCEED $19,509.86 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS WHEREAS, the Public Works department is responsible for maintaining City infrastructure, parks, streets, facilities, and utilities, which requires reliable and versatile equipment to efficiently perform daily operations; and
WHEREAS, a Kubota utility vehicle is a valuable asset that enhances the department’s ability to respond to maintenance needs, transport tools and materials, and access areas that are not easily reached by larger vehicles; and
WHEREAS, additionally, Kubota equipment is known for its reliability and low maintenance requirements, which helps reduce downtime and long-term operating costs; and WHEREAS, the addition of this equipment will improve staff productivity, enhance safety in the field, by having the ability to maintenance areas that cannot be accessible with large vehicles; and
WHEREAS, this Kubota can also be used for special events such as parades and festivals and support the City’s ability to maintain public assets efficiently and respond promptly to maintenance and service needs; and
WHEREAS, City Municipal Code Title 1, Chapter 11 allows the City to use the procurement services from SourceWell for purchasing. SourceWell is a joint powers authority (See California Government Code Section 6502) that offers national, competitively solicited purchasing contracts meeting the requirements for Livingston Municipal Code § 1-11-4(G) - cooperative purchasing agreements; and
WHEREAS, the new Kubota will be purchased through Sourcewell’s contract #112624-KBA with Garton; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby:

1. Finds the above recitals are true and correct findings of the Livingston City Council.

2. Approves the purchase of one new Kubota (RTVX2-SKH Standard UTV from Garton Tractor, in an amount not to exceed $19,509.86 from the Fiscal Year 2025-2026 approved budget from the Public Works Fund (1100-105-7410)-Equipment Purchase.

3. Authorizes the City Manager to execute all required documents.

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 3rd day of March 2026, by the vote recorded as follows:

Page 28 of 290 ends

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 Barraza Tran, City Attorney
Of the City of Livingston

Page 29 of 290 ends

Date: 01/05/2026
Buyer: location: TURLOCK
CITY OF LIVlNGSTON Number: Q07719
1416 C STREET Expiry Date: 04/05/2026
NGSTON CA 95334 Salesperson: TROYCE METCALF
(209) 632-3931
[email protected]
Responsible: TROYCE METCALF
We propose to fumish the equipment described herein in accord with the specification, terms, and conditions outlined.

New KUBOTA RTVX2-SKH Standard UTV
Stock Number: 022360 Serial#: A5KP1HDBKSG022026
Standard Features:

RTVX2-SKH standard base model, orange,
HD Multi purpose tires, Steel Wheels
Standard Features:
4WD Utility Vehicle w/Kubota D1105- 24.8 HP
diesel1 en9ine . 60 amp alternator , two speed h'ydrostat, c transmi ss.ion, with dynam-i c braking., heavy duty 25x10-12 6 ply multi-purpose tires with steel wheels, Hydraulic power steerin~, Steel bed w/Hydraulic lift, rear differential 1ock . front limited slip· differential, 60/40
split bench seat, Driver 5,eat adjustment , tilt
steeri ng wheel, front and rear independent adjustable suspension, under seat storage, front mounted radiator with Standard grill guard, under
hood air cleaner. Stand·ard cv joint guards and HD
skid pl ates LED Headlights wi" th Hig:h/Low, digital ulti-Meter dash, open g'l-ovebox, tow capacity 1300 lbs., Payload capacity 1521 lbs., 7.9 gal fuel tank . ***'.,INCLUDES THE FOLLOWING****
RTVX2-SKH Standard UTV
Black canopy $625.00
MSRP $21,424.56
sourcewell discount -$4713.40
Price of unit$16,711.16 Dealer Assembly $110.00
Freight cost$ 712.50
PDI $ 400.00
Total cost of Unit $17,933.66
Additional Charges
CALIFORNIA TIRE FEE 7.00
Selling Price:

Tax:
17,940.66
1 ,569.20
Total Selling
Price: 19,509.86

Page 30 of 290 ends

~:. ·: \.) -- .1: :.:: \ \j E.\ I l --.__
Grow,d lllirl-<IWIC8, CE, l/111/ty
T'ccto"'. - . II.TV'• -11M24-i<BA
RTVX2-SKH-1 WEB QUOTE #2932295
Date: t/5/2026 10:06:09AM
- Customer Information - Ag T'rac!a~ wi!h lielAll!d Allachm011to. - OOZ112J--KBA NJPAAll<ansas 4600041715
H,olfrai5l£il;
~
t47Tl' (OC)
i200l!Sl'334
- Sl:a11dard Featw"es -
V Secies RTVX2-Sl<H-1
• • • EQUIPMENT IN BASrc l\AACHN: • • •

DIESEL ENGINE
Mode!Kooota01105
J Cy!. 6'8.5 cu in
+23.3 Gross £<'lg HP
60 Amp Altemator
IMr-X
Va<iable !+jdto T ransmissio,11
FowardlSpseds:

KEY FEATURES
Digital~
Spoodomele,
F
Susp,,,,sioo
ront lnd\,._per.denl ~
~
Rea-~i~Ad/Us(.ible
B<llkes - FIIDITf/Rear Wet Oise
Rear Brake t~~ f Freil'!
~
Lara, George
60833
City of Livingston
[email protected]
2093948044 Quote Pro'lided By
GARTON TRACTOR, INC.

Troyce Metcalf
2400 N GOLDEN STATE BLVD
TURLOCK, CA 95380
email: [email protected]
phooe:2096204636
- Custom Optims -
RTVXZ-SKH-1 Base Price: $20,799.00
Seleclad Ki.w.a At!acMten!s
(1)CANOPV • PILASnc (Bt.ACK)
n-,oo.,.= 1-CMG"Y • PLASTIC (BLACK)
T oral Kubota Altacllrnems:

Total Atladlments:

Coofigured price:

Soun:ewen Discounts:
iwoola i!:ems;
Total Discoont
SUBJOIAL;
Kubota Item Fees:
$625.56
$625.56
$625.56
52142456
($4,713.40)
($4,713.40)
$16,711 .16
Low0-16mph
lrt!'gt, 0 - 25 mph
Reve,se O -22 mph
!Jmified-sfp Front Differential
IReaT dfff'eren!ia.l lock
T ffl!ch ReceNe<, Froot and Rear
Da/Ul<e 60/46 split bend, 5ea1.s
Undefsaat Storage Canoartrnenis
Stmrdatd From B~
Dealer As.semi>~:

Freigf,t C:ist
POI:
$110.00
$712.50
$400.00
tt\'DRAlll!CS
lltydro:statitr: F>~ Steefing,
wit/, mantJat tilt lea(un•
H~f,c 00 Ccollo..r

FWIO CAPACITY
Foe, lia,ik 7.~ gal
Coollig 6'-4 qts
Ectg/ne OW 4 .3 q.ts
Tra,nsmfss/0<> Ofl: f.8 gm
Brak.e' Fluid 0.4 qts

DIMENSIONS
Widlh in.2 in
Heigblr 79.S In
left¢' t 22..4 ·n
Wl\eeibase 80.5 n,
Tow Capad(y 1300 lbs
Growid Clearance 10.4 In
SUSpension Travel 8 In
Tum,ng RaditJs 13.1 11
+ Manufacturer Estimate

TIRES AND WHEELS
HOMPT,es25 x 10-f2, fi ply
ATV T.-u 25 x 10 - 12, 5 ply
St86I 'IA-eels; Cpl Alloy Wheels
Spray-<J<> Bed Uner (Allllilab!e)
SAFE!'\' EQUIPMENT
SAE .121!,,i & OSHA 1!128 ROPS
Ha'1
Sfil8'k A~~
O~ li!d ?allrlng e,ate,
LEO Low Seam Head llgfliS
Rear Protection Saeen

CARGO BOX
Width 57.7 in
Length 40.5 In
Oeptll f12 in
wad capacity t102 lbs
Vol. capacity 15.2 cu It
Tolal Unit Price: $17,933.66
Ourultify Ordered: 1
--- - ---- ----- - ·-
Final Sares Price· 517,9-33.66
I Purchase Order Must Reflect flnal Sales Price..

To order. place your Purchase Order directly with the quoting deal&r
.. An equipment s~ciflcatlana are a& complete as pa•sible aa. of the date on the quote. Additional atlachments, opliona, or accessoriea may be added (or deleledJ at the dls.::ounted price. Ad specifications and price5 are subject to change Taxes are not in.duded, The POI f809 end fr89\t for attachments and acoessories quoh•d mey have additional chatges added by the delivering dealer. Th .. • charges will b,, billed ""P•ralely. Prices ror prodlJd qUOled are gooo fa, 50 days from lhe dale shown on the quole AY equipment•• quoted is 5Ubject lo availobii!y.
~ 2018 Kubota TractorCoq,oralion. AJ nghlS rese,vad.

Page 31 of 290 ends

Sent from my iPhone
2

Page 32 of 290 ends

STAFF REPORT
AGENDA ITEM: Resolution Making Appointments to the Utility Rates Stakeholders Committee.

MEETING DATE: March 3, 2026
PREPARED BY: Jose Antonio Ramirez, City Manager
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Adopt Resolution No. 2026-___, making appointments to the Utility Rates Stakeholders Committee.

BACKGROUND AND DISCUSSION:

On February 15, 2011, the City Council formed the Utility Rates Stakeholders Committee. The committee will be comprised of two council members, three Citizens at Large, one small and one large business owner, and representatives of the school districts.

The Utility Rates Stakeholders Committee purpose is to review water and sewer utility rates and make recommendations regarding proposed rate increases. City staff now desire to reactivate the committee and City advertised for members of committee. There has been interest in serving on the committee.

In January 2024, the City Council appointed Japjeet Uppal and Robert Wallis to be part of the committee.

The City received four (4) applications: Charles Jolley, Crystal Amaral, Don Luckenbach, and Barbara Ratzlaff. Mr. Jolley is a school district representative. Ms. Amaral is a large business owner representative. Mr. Luckenbach is a large business owner representative. Ms. Ratzlaff is a citizen representative.

Staff recommend that Council appoint the following individuals to the Utility Rates Stakeholders Committee:

Council Member Japjeet Uppal, Robert Wallis, Charles Jolley, Crystal Amaral, Don Luckenbach, and Barbara Ratzlaff.

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Resolution No. 2026-

Page 1 of 2 ends

RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

APPOINTING UTILITY RATES STAKEHOLDERS COMMITTEE MEMBERS WHEREAS, the City Council, at their regular meeting of February 15, 2011, formed the Utility Rates Stakeholders Committee; and
WHEREAS, the purpose of the Utility Rates Stakeholders Committee was to review water and sewer utility rates and make recommendations regarding proposed rate increases; and
WHEREAS, City Staff now desire to reactivate the Utility Rates Stakeholders Committee; and
WHEREAS, City Staff advertised for members of the committee. There has been interest in serving on the Utility Rates Stakeholders Committee.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON HEREBY:

1. Appoints the following volunteers to the Utility Rates Stakeholders Committee:

Committee Member Seat
Japjeet Uppal Council Member
Robert Wallis Council Member
Barbara Ratzlaff Citizen at Large
Charles Jolly Livingston High School
Crystal Amaral Foster Farms
Don Luckenbach Emerald Textiles
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 3rd day of March 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
Of the City of Livingston

Page 2 of 2 ends

ATTEST
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
________________________
Marc Barraza Tran, City Attorney
Of the City of Livingston

REC EIVED

CITY OF LIVINGSTON
City of Livingston

APPLICATION FOR UTILITY RATES

STKEHOLDERS'COMMITTEE
City Clerk's Office - 209-394-5544
Note: This document is a public record and may be disclosed/re/eased upon request pursuant to the California Public Records Act. It will be Published (with signatures and personal contact redacted) i11 the agendosfnr re/avant meetings of the City Council.

Please print or type the following i11fommtio11:

Name Charles Jolly
Address 95334
Home Phone
Emergency Contact: Roseanna Davis-Jolly
----------------------- E-Mail Address
Highest Level ofEducalion Completed MA Degree
0 . Educator: Principal ccupallon ____ ____ _
RI E . No prior experience. e evant xpenence ____ _
Why are you seeking this appointment? ___ _
I would like to be involved as a representative of my school community and principal.

What particular skills and talents would you bring to this commission/committee? I have experience as an administrator who has to read and understand public and state policies. I do not have direct experience with utilities specifically however I do manage budgets and understand funding and guidelines.

Page I of4

Page 36 of 290 ends

List present and previous community or civic involvement ________ ______ _____ _ I have not served on a public community such as this.

What do you hope to accomplish? I hope to contribute a s a stakeholder representative and if there is any1hing that I can learn to take back to support the students, staff, and families of my school community.

Have you ever served on a Commission, Board, or Committee D Yes ii No If yes, please specify which Board(s), Commission(s) and/or Task Force(s):

Name
N/A
Length of Service
Have you attended a meeting of this commission/committee? □ Yes II[] No Watched on Streaming Video? □ Yes ii No O NIA
A
Conflict oflnterest: Do you have any conflict of interest due to your relation with a city employee or elected city official? If so, whom? N/ A
Additional experience or inforn1ation may be at1ached to this application.

AUTHORIZATION AND RELEASE
I hereby affitm that my answers to the foregoing questions are true and correct and that l have not knowingly withheld any fact or circumstance that would, if disclosed, affect my application unfavorably. I understand that in connection with this application for appointment, the inforn1ation contained herein will be made available to the general public upon request. I acknowledge that if appointed, I will be required to take an oath (or affirmation) of office and will be subject to filing a Fonn 700 Statement of Economic Interest.

Signature ___ _ Date 2-6-2025
Return completed applications to [email protected] or City Clerk's Office, 1416 C Street, Livingston, CA.

Please note, it is the applicant's responsibility to confirm receipt ofthcir application with the City Clerk's Office.

All cost for the pre paration of the application shall be borne by the applicant, a nd applications received shall become the property of the City, whether appointed or not appointed.

Incomplete applic ations may be rejected as non-responsive.

Page 2 of 4 ends

Page 37 of 290 ends

City of Livingston

APPLICATION FOR UTILITY RATES

STKEHOLDERS' COMMITTEE
City Clerk's Office - 209-394-5544
Note: This document is a public record and may be disclosed/re/eased upon request pursuant to the California Public Records Act. It will be Published (with signatures and personal contact redacted) in the agendasfnr relt:rvant meetings of the City Council.

Please prinJ or type the following information:

Name Barbara Ratzlaff
209 394 2376
Home Phone ____________ _
Jennifer Flachman
Highest Level of Education Completed _______________________ _ retired
Occupation--------------------------------
Involvement with the City of Livingston Relevant Experience ____________________________ _ Livingston Historial Museum Foundatio
n
lMngolon -cw, l.Mngtton Rola,y
IO~ondlO_,,
Why are you seeking this appointment? _____ ___ _ _____ _____ _ _ _ _ Sang ln¥Olwd....., 1tM CfTY OF Uv,NGl lON FOR A MJM9&R OF What particular skills and talents would you bring to this com.mission/committee? - __________ _

Page 38 of 290 ends

List present and previous community or civic involvement Livingston Historical Museum Foundation What do you hope to accomplish? _h_o.:_pe_f_u_ll_k_n_o_w_l_e_d-=-ge ________________ _ Have you ever served on a Commission, Board, or Committee ii Yes D No If yes, please specify which Board(s ), Commission(s) and/or Task Force(s):

Name
Livingston Museum
City of Livingston Treasure and City Council
Livingston Healthh Clinic
Rotary
Chamber of Commerce
Length of Service
years
eight years plus
30 years
Have you attended a meeting ofthis commission/committee? D Yes II{] No Watched on Streaming Video? D Yes 91 No D N/A
A
Conflict of Interest: Do you have any conflict of interest due to your relation with a city employee or elected city official? If so, whom? no
---------------------------------- Additional experience or information may be attached to this application.

AUTIIORIZA TION AND RELEASE
I hereby affirm that my answers to the foregoing questions are true and correct and that I have not knowingly withheld any fact or circumstance that would, if disclosed, affect my application unfavorably. I understand that in connection with this application for appointment, the infonnation contained herein will be made available to the generaJ public upon request. I acknowledge that if appointed, I will be required to take an oath (or affirmation) of office and will be subject to filing a Form 700 Statement ofEconomic Interest. ,> .
fiJ_ JI du:? G
I )
Return completed applications to cityclerk@livingston .gov or City Clerk's Office, 1416 C Street, Livingston, CA.

Please note, it is the applicant's responsibility to confirm receipt of their application with the City Clerk's Office.

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

Incomplete applications may be rejected as non-responsive.

Page 39 of 290 ends

City of Livingston

APPLICATION FOR UTILITY RATES

STKEHOLDERS' COMMITTEE
City Clerk’s Office – 209-394-5544
Please print or type the following information:

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

Page 1 of 4 ends

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

Name
Address

Page 40 of 290 ends

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

Name Length of Service
____________________________________________ _______________ ____________________________________________ _______________ ____________________________________________ _______________ ____________________________________________ _______________ ____________________________________________ _______________ Have you attended a meeting ofthis commission/committee?  Yes  No  N/A Watched on Streaming Video?  Yes  No  N/A
Conflict of Interest: Do you have any conflict of interest due to your relation with a city employee or elected city official? If so, whom? _______________________________________________________________________________________ Additional experience or information may be attached to this application.

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

Signature Date
Return completed applications to [email protected] or City Clerk’s Office, 1416 C Street, Livingston, CA.

Please note, it is the applicant’s responsibility to confirm receipt of their application with the City Clerk’s Office.

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

Incomplete applications may be rejected as non-responsive.

Page 2 of 4 ends

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STAFF REPORT
AGENDA ITEM: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING IMPLEMENTATION AND ADMINISTRATION OF A

HEALTH BENEFIT PLAN FOR RETIREES WITH BENISTAR (GROUP

RETIREE HEALTH SOLUTIONS
MEETING DATE: March 3, 2026
PREPARED BY: Arcelia Cruz, Human Resources Coordinator
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council approve implementation and administration of A health benefit plan with Benistar (Group Retiree Health Solutions) for the identified Retirees and eligible dependents and authorize the City Manager and City Attorney to execute all required documents, and direct staff to proceed with program rollout.

BACKGROUND AND DISCUSSION:

On July 15, 2025, the City of Livingston received communication from PACE (Public Agency Coalition Enterprise) Management and Executive Committee that retirees aged 65 and older are not eligible for medical coverage under the PACE medical plan. The PACE Executive Committee had initially approved the medical extension for identified retirees and eligible dependents through January 31, 2026. The City then requested an additional extension to support the transition period for retirees to enroll in the required Medicare Plans. The City received confirmation from the PACE Executive committee that the extension has been approved through March 31, 2026.

The City has been working with Keenan, the City’s health benefit/insurance brokerage firm, on identifying a viable health plan solution for its retirees. To that end, a retiree health plan option has been identified. The City proposes to partner with Benistar (Group Retiree Health Solutions) to implement and administer health benefit plan for Retirees. The retiree health plan will be rolled out to retirees on May 1, 2026.

This new retiree health benefit plan will be a shared cost between the City and the identified retiree. The employer and retiree contribution share cost will be determined based on the MOU (Memorandum of Understanding).

DISCUSSION:
• Program Overview:

The proposed Retiree Health Benefit Plan will provide supplemental health coverage that compliments retirees’ Medicare coverage. Currently the City has identified seven (7) eligible retirees over the age of 65 and six (6) eligible dependents.

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• Eligibility:

Retirees age 65 and older employed by the City on or before July 1, 1989. • Administration:

The program will be administered by Benistar
• Benefits:

Provides supplemental health benefits to the identified retiree group and eligible dependents.

Implementation Plan:
• Implementation meeting with Benistar
• Communicate program details to eligible/identified retirees • Health plan implementation target date: May 1, 2026
Conclusion:

Approval of all required documents will allow for implementation of the retiree health benefit plan, ensuring eligible retirees have access to essential healthcare coverage.

FISCAL IMPACT:

The funds for this FY 2025/2026 have been appropriated in the adopted budget. The Finance department will make the necessary budget adjustments for FY 2026/2027.

ATTACHMENTS:

1. Resolution

2. Benistar Group Application

3. Benistar – The Hartford Retiree Medical Proposal for City of Livingston

4. Benistar – Part D Proposal by Express Scripts Medicare for City of Livingston

5. Benistar – Presentation

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RESOLUTION NO. 2026-____

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

IMPLEMENTATION AND ADMINISTRATION OF A HEALTH BENEFIT PLAN FOR

RETIREES WITH BENISTAR (GROUP RETIREE HEALTH SOLUTIONS) WHEREAS, Staff recommends that the City Council approve implementation and administration of the health benefit plan with Benistar (Group Retiree Health Solutions) for the identified Retirees and eligible dependents, authorize the City Manager and City Attorney to execute all required documents, and direct staff to proceed with program rollout.

WHEREAS, on July 15, 2025, the City of Livingston received communications from PACE (Public Agency Coalition Enterprise) Management and Executive Committee that retirees aged 65 and older are not eligible for medical coverage under the PACE medical plan. The PACE Executive Committee approved the City’s request for an extension of continuation of medical coverage through March 31, 2026, contingent upon the city reimbursing a portion of claims costs
WHEREAS, the City has been working with Keenan, the City’s health benefit/insurance brokerage firm on identifying a viable health plan solution for its retirees. To that end, a retiree health plan option has been identified. The City proposes to partner with Benistar (Group Retiree Health Solutions) to implement and administer health benefit plan for Retirees. The retiree health plan will be rolled out to retirees on May 1, 2026.

WHEREAS, the new retiree health benefit plan will be a shared cost between the City and the identified retiree. The employer and retiree contribution share cost will be determined based on the MOU (Memorandum of Understanding).

WHEREAS, implementation of the Retiree Health Benefit plan will have no impact on the adopted budget in FY 2025/2026. The Finance Department will make necessary budget adjustments for FY 2026/2027.

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

1. Authorize the City Manager and City Attorney to execute all required documents for the implementation and administration of the health benefit plan with Benistar, and direct staff to proceed with program rollout.

2. The above recitals are true and correct.

3. This resolution is effective immediately upon adoption.

4. To give authorization to the Finance Department to create a new Retiree Health Plan Account
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 3rd day of March 2026, by the vote recorded as follows:

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AYES:

NOES:

ABSENT:

ABSTAIN:

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

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

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BENISTAi<'
t: 0 l P Q i I I II J. I 1 J . ll ,L I I I II.

CLIENT INFORMATION
Legal Group Name: City of Livingston
Currentaddress:1416 C Street
City: Livingston
Contact Person:Arcelia Cruz
I Group Tax ID:

I State: ~pJ ZIP Code: 9533f Phone:209-394-8041
Email Address:acruz@livingstonca. go
ELIGIBILITY AND UNDERWRITING REQUIREMENTS 1
_I_s_t-he- c-ur-r-en_t_p_la- n- fu_ll_y-in_s_u-re_d_o_r_self-funded? Self - Funde-.-1 - u- m- be_r_o_f_r-et-ir-ee- s/-s-po_u_s_e_s:_ 7_ /_ 6 ___ _ Are all retirees/spouses over 65 (Y/N)? Y Have all retirees been given "retiree status" with employer (Y/N)? Y
Are all retirees/spouses currently enrolled in Medicare parts A and B (Y/N)? No, in process

PRODUCER INFORMATION
Producer Name:Marie Edmondson Producer Agency: Keenan & Associates Commissions Payable to: D Broker~ Agency Agency TIN:
--'-------------~ Commission Address: P. O . Box 4 3 2 8 Oty:Torrance ~~e: CA Zip Code: 90 510
----------+----------~ Phone: 310-212-3344 Fax: Email:medmondson@ k e enan . a om

PLAN INFORMATION
Effective date: 4 / 1/20 2 6
Medical plan design: Plan 1
Employer contribution: Varies by MOU
Medical Premium: --~~===------===rc...,, •~ ... r:-=--=-1 1ri•i .. ~,,.. ·- Rx plan design: Premiums & Plan Design's:

Billing type (list, direct, split):

I attest that all of the above information is accurate and represents the characteristics of this group.

Broker sf g nature:

Print Name: Marie Edmondson
Client signature: --: =~~~~-=-~~---~
Print Name: . _==-1 ese. A~~lO RA-M\.~t;:.-z._
Client is subject to an Office of Foreign Assets Control screening. Sale is contingent on sanctions list findings.

Date: 2/6/2026
Title: Jr. Acct. Exec.

Date: 02.. z.3 / zfe::.

Title: C..t+:::< M.oc.JA&f.'L j

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1 The Hartford Retiree Medical
Proposal for:

City of Livingston
Presented By:

Marie King Edmondson
Keenan & Associates

R OU P R ET IR EE H EA L TH S O L UT I ONS

HARTFORD

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2 Proposal Summary
We appreciate the opportunity to propose a group retiree health program that will meet the needs of City of Livingston and their Medicare-eligible retiree population. The proposed program includes a fully insured group retiree health plan utilizing Hartford Life and Accident Insurance Company for the Medicare-eligible retirees of City of Livingston with coverage effective April 1, 2026 to December 31, 2026.

Administration Services:

Representatives will stay on the line with the member and consult with the carrier or CMS to resolve member issues. Retirees are not rushed off the phone and there are no time limits for a service call.  Billing – Invoices can be prepared to meet the needs of City of Livingston. We can bill the company directly, bill the retirees, or split the bill between the retirees and the employer for their portion of the costs. Retirees can also sign up to have their premium amounts automatically withdrawn from their bank account.  Boutique Service – Employers and retirees will have access to Benistar’s resources and support in the form of a highly-trained retiree service center dedicated to providing an exceptional level of service in the areas of billing, eligibility, and claims questions.

R OU P R ET IR EE H EA L TH S O L UT I ONS

HARTFORD

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3 Highlights of the Group Retiree Insurance Plan
The proposed health insurance plans are group retiree insurance coverage for Medicare-eligible retirees over 65 years of age, underwritten by Hartford Life and Accident Insurance Company. The plan helps pay for the costs recognized but not covered by Medicare Parts A and B.

Features include:
 No Networks – Proposed plans provide access to all Medicare providers nationwide. Therefore, retirees have the freedom to choose their own doctors. Coverage is not limited to a local area.  No Referrals – Retirees can see specialists when they choose.  Guaranteed Issue – There is no medical underwriting. There are pre-existing condition limitations. However, credit is applied for prior coverage.
 Coverage for Spouses – Spousal coverage is available when the spouse is over 65 and enrolled in Medicare Parts A & B.
 Portability – Coverage can go with retirees if they move or have multiple residences.  Affordable – The proposed program offers competitive, fully-insured rates to limit financial risk.  Electronic Claims – Claims are processed electronically for ease of member experience.

Assumptions of the Program

1. Limitations and Exclusions – The Hartford’s Insurance Plan does not cover: any expense that is not a Medicare Eligible Expense or beyond the limits imposed by Medicare for such expense or excluded by name or specific description by Medicare, except as specifically provided in the policy; any portion of a covered expense to the extent paid by Medicare; benefits payable under a benefit of the policy to the extent covered under another benefit of the policy; or expenses incurred after coverage terminates, except as stated in any Extension-of-Benefits provision of the policy.

2. Program Sponsorship – No other competing group retiree plans will be sponsored alongside this plan including Medicare Advantage or individual plans.
a. One plan design will be implemented for all quoted retirees to enroll into.

3. Member Requirements – Members must be retired and enrolled in Medicare Parts A and B.

4. Contribution – This quote assumes that City of Livingston contributes 75% towards the cost of monthly premiums.

5. Participation - If the enrollment were to change by more than +/- 10% of the quoted membership of 14 lives, we reserve the right to adjust the premium.

6. Implementation timeline – Minimum of 60 days is required to implement this coverage.

7. Expiration – Premiums may be adjusted if the effective date is changed from the date in this proposal.

8. Billing - The premium rate quoted herein assumes that premiums are due in full each month on or before the last business day of the month.

R OU P R ET IR EE H EA L TH S O L UT I ONS

HARTFORD

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4 Health Insurance Plan Options:

Underwritten by Hartford Life and Accident Insurance Company Please Note: Coinsurance percentage amounts represent the amount paid by the plan after Medicare, the remaining coinsurance is the responsibility of the insured. Copayment amounts represent the responsibility of the insured. = Covered Benefit
*Pre 65 Medicare Disabled’s are not eligible for coverage*  Refer to Appendix A for additional health insurance plan details.  Subject to additional proposals for Colorado, New Hampshire, New Mexico, Oregon, Utah, and Washington.  Residents of Florida are subject to the plans and rates found in Appendix B  *$283 is the 2026 Annual Medicare Part B Deductible. Subject to change yearly.

BENEFIT Plan 1
Medicare Part A Deductible - Covers all eligible expenses for Medicare Part A inpatient hospital deductible 
Part A Coinsurance (Basic Benefit) - Pays for the following amounts not covered by Medicare Part A
25% of the Medicare Part A Deductible per day for hospitalization from the 61st through the 90th day.

After the 90th day, the Basic Benefits cover 50% of the Medicare Part A deductible per day during the Lifetime Reserve Period
After the Lifetime Reserve Period, an additional 365 days of confinement per person per lifetime is paid at 100%.

Blood - First Three Pints 
Skilled Nursing Facility Benefit (SNF)
1/8 Part A Deductible for days 21 – 100 
Calendar Year Deductible (applies to Part B expenses) $0 Maximum Out-of-Pocket for Part B expenses N/A
Part B Coinsurance - After Medicare’s 80% 100%
Office Visit Co-Pay N/A
ER Visit Co-Pay N/A
Medicare Part B Excess - 100% 
Foreign Travel Emergency Benefit 
Acupuncture Services ($500 CYM) $25 Co-pay
Chiropractic Services $25 Co-pay
Monthly Premium Per Member
Age 65-69 $246.54
Age 70-74 $271.88
Age 75-79 $333.51
Age 80-84 $370.91
Age 85+ $412.87

R OU P R ET IR EE H EA L TH S O L UT I ONS

HARTFORD

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5 Appendix A: Retiree Health Insurance Plan Details

ALL PLANS
Medicare Part A Services

IN-PATIENT EXPENSES
The Policy may cover the following Medicare Part A Benefits:

Part A Services Medicare Pays Plan Pays Member Pays
HOSPITALIZATION*
Semiprivate room and board, general nursing and
miscellaneous services and supplies:

First 60 days All but Medicare Part
A Deductible
100% of the Medicare Part A
Deductible
$0
61st thru 90th day All but 25% of
Medicare Part A Ded.
per day
100% of Medicare Part A
Coinsurance
$0
91st day and after:

While using 60 lifetime reserve days All but 50% of
Medicare Part A Ded.
per day
100% of Medicare Part A
Coinsurance
$0
Once lifetime reserve days are used:

Additional 365 days $0 100% of Medicare Eligible
Expenses
$0
Beyond the Additional 365 days $0 $0 All costs
SKILLED NURSING FACILITY CARE*
You must meet Medicare's requirements, including
having been in a hospital for at least 3 days and
entered a Medicare-approved facility within 30 days
after leaving the hospital:

First 20 days All approved amounts $0 $0
21st thru 100th day All but 25% of
Medicare Part A Ded.
per day
100% of Medicare SNF
Coinsurance
$0
101st day and after $0 $0 All costs
BLOOD
First 3 pints $0 3 pints $0
Additional amounts 100% $0 $0

HOSPICE CARE
Available as long as your doctor certifies you are
terminally ill and you elect to receive these services.

All but very limited
coinsurance for
outpatient drugs and
inpatient respite care
Co-insurance charges for inpatient respite care, drugs and biologicals approved by
Medicare
$0
*A benefit period begins on the first day you receive service as an inpatient in a hospital and ends after you have been out of the hospital and have not received skilled care in any other facility for 60 days in a row.

R OU P R ET IR EE H EA L TH S O L UT I ONS

HARTFORD

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6 PLAN 1
Medicare Part B Services

OUT-PATIENT EXPENSES
The Policy may cover the following Medicare Part B Benefits:
 Physician Services Benefit
 Specialist Services Benefit
 Outpatient Hospital Services and Ambulatory Surgical Care  Outpatient Diagnostic and Radiology Services Benefit
 Outpatient Mental Health and Substance Abuse Services  Outpatient Rehabilitative and Cardiac Rehabilitative Services  Emergency Care Benefit
 Urgent Care Benefit
 Ambulance Services Benefit
 Durable Medical Equipment and Prosthetics Benefit
All Medicare Part B Benefits are based on per visit, except Ambulance Services Benefit, which is based on per trip, and Durable Medical Equipment and Prosthetics Benefit, which is based on per device.

Calendar Year Deductible: N/A Calendar Year Out of Pocket Maximum: N/A Part B Services Medicare Pays Plan Pays Member Pays
Medicare Part B Deductible $0 100% $0
Medicare Part B Coinsurance
Remainder of Medicare Part B approved amounts
Generally, 80% 100% of the remaining Part
B Coinsurance
$0
Medicare Part B Excess
Covers the difference between the Medicare
limiting fee and Medicare-approved Part B charge
for non-participating Medicare providers
$0 100% $0
Additional Services Medicare Pays Plan Pays Member Pays Preventive Medical Care and Cancer Screenings
Coverage for expenses incurred by a covered person
for preventive screening tests and services, cancer
screenings and other tests or preventive measures
determined to be appropriate by the attending
physician.

Generally, 100% for
most preventive
screenings. Some
screenings subject to
Medicare Part B Ded
and Coinsurance
100% of remaining covered
expenses incurred not
covered by Medicare
$0
Foreign Travel Emergency Benefit
Emergency services needed due to injury or
sickness of sudden and unexpected onset during the
first 60 days while traveling outside the US
$0 80% after 1$250 Deductible
(to a lifetime maximum of
$50,000)
1 $250 Deductible
then 20% of
expenses incurred
(to a lifetime max
of $50,000, then
100% thereafter)
Acupuncture Services
Services performed by a licensed acupuncturist to
treat pain.
$0
Medicare covers only
chronic low back pain
100% of remaining covered
expenses incurred, after
copayment, up to benefit
max of $500 per CY
$25 copay per
exam up to CY
max of $500, then
100% thereafter
Chiropractic
Services performed by a licensed chiropractor to
correct structural alignment
$0
Medicare covers only
spinal manipulations
100% of remaining covered
expenses incurred, after
copayment
$25 copay per
exam
1 The Foreign Travel Emergency deductible is a separate deductible.

R OU P R ET IR EE H EA L TH S O L UT I ONS

HARTFORD

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7 Additional Health Benefits Packages
Available to Plan 1 - $27.15 Per Member Per Month (Package 2)  Annual Physical Exam
o Exam - $25 Copay
o Calendar Year Maximum $500
 Hearing Services
o Exam - $25 Copay
o Hardware - $50 Copay (every 3 years)
o $1,000 allowance every 3 years
 Vision Services
o Exam - $25 Copay
o Hardware - $50 Copay
o Calendar Year Maximum - $500
*Fees vary by premium fitness location
Available to All Plans - $6.15 Per Member Per Month (Package 1)  Annual Physical Exam
o Exam - $25 Copay
o Calendar Year Maximum $500
 Hearing Services
o Exam - $25 Copay
o Hardware - $50 Copay (every 3 years)
o $1,000 allowance every 3 years.

Available to All Plans - $3.83 Per Member Per Month
 Silver & Fit Healthy Aging and Exercise Program
o Fitness Tracking
o Healthy Aging Coaching
o Home Fitness Kits
o 8,000 Digital Workout Videos
o Mobile App
o 16,500 participating fitness centers or select YMCAs
o Personal exercise plan with suggested workout videos
o 4,000 Premium fitness centers for a buy up price*

R OU P R ET IR EE H EA L TH S O L UT I ONS

HARTFORD

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8 Additional Health Benefits Packages Details
4 Medicare does not cover supplemental routine hearing exams and hearing aids, or supplemental routine eye exams and glasses. Medicare only covers chiropractic for spinal manipulations and acupuncture for chronic low back pain. 5The calendar year maximum is a combined benefit between the exam and hardware.

SERVICES MEDICARE
PAYS(1) PLAN PAYS(1) MEMBER PAYS

HEARING SERVICES
• one routine hearing and balance
exam every 12 months
• two hearing aids every 3 years
• one hearing aid fitting
evaluation every 3 years
$0(4) 100% of remaining
covered expenses
incurred, after the
copayment, up to the
benefit maximum of
$1,000 allowance every
3 years
$25 copay per exam
$50 copay for two
hearing aids,
including fitting and
evaluation.
(Allowance of $1,000
every 3 years, then 100%
thereafter)

VISION SERVICES
• one supplemental routine eye
exam every 12 months
• one pair of glasses every 12
months or 12-month supply of
contact lenses
$0(4) 100% of remaining
covered expenses
incurred, after the
copayment, up to the
benefit maximum of
$500(5) per calendar
year
$25 copay per exam
$50 copay per pair of
glasses or supply of
contact lenses.
(To a calendar year
maximum of $500, then
100% thereafter)

R OU P R ET IR EE H EA L TH S O L UT I ONS

HARTFORD

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9 Appendix B: Plans and Rates for Residents of Florida

FOR RESIDENTS OF FLORIDA ONLY
Benefit Plans A-Plus, F-Extra, G-Extra & N-Plus.

Medicare Supplement insurance can be sold in only standard plans. This chart shows the benefits included in Plans APlus, F-Extra, G-Extra & N-Plus.

Please note that the Florida policies will be written on a stand-alone basis.

Benefits A-Plus F-Extra G-Extra N-Plus
Medicare Part A coinsurance and hospital coverage
(up to an additional 365 days after Medicare benefits are used up)
✔ ✔ ✔ ✔
Medicare Part B coinsurance or Copayment ✔ ✔ ✔
✔
copays apply1
Blood (first 3 pints) ✔ ✔ ✔ ✔
Part A hospice care coinsurance or copayment ✔ ✔ ✔ ✔
Skilled nursing facility coinsurance ✔ ✔ ✔
Medicare Part A deductible ✔ ✔ ✔
Medicare Part B deductible ✔
Medicare Part B excess charges ✔ ✔
Foreign travel emergency (up to plan limits) ✔ ✔ ✔
Annual Physical Exam (up to plan limits) ✔ ✔ ✔ ✔
Chiropractic Services (up to plan limits) ✔ ✔
Acupuncture Services (up to plan limits) ✔ ✔
1 Plan N-Plus pays 100% of the Part B coinsurance, except for a co-payment of up to $20 for some office visits and up to a $50 co- payment for emergency room visits that do not result in an inpatient admission.

R OU P R ET IR EE H EA L TH S O L UT I ONS

HARTFORD

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10 Monthly Rates for Florida
The Florida State Insurance Department reviews the following rates for rate revision. We will implement any approval revisions 60 days after the first of the month following the date of approval. We will provide 45 days’ notice to each person who is responsible for the payment of premiums.

As the policyholder you must offer each person at least a Plan A-Plus and you may also select to offer any of the following Plans: F-Extra, G-Extra or N-Plus.
 Residents of Florida under age 65 must be Medicare eligible due to disability.

Age Plan A-Plus Plan F-Extra
0-64 $404.52 $485.41
65-69 $220.23 $275.99
70-74 $245.34 $307.22
75-79 $257.39 $327.05
80-84 $255.41 $337.34
85+ $230.49 $340.87
Age Plan G-Extra Plan N-Plus
0-64 $460.70 $373.26
65-69 $250.81 $202.14
70-74 $283.67 $227.49
75-79 $304.97 $243.78
80-84 $315.93 $251.35
85+ $319.93 $254.96

R OU P R ET IR EE H EA L TH S O L UT I ONS

HARTFORD

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11 Appendix C: Additional Information on
Benistar Employer Services Trust (BEST)
Participating Firm: City of Livingston
Agent/Producer of Record: Keenan & Associates
Situs State: CA
This proposal is based on the following assumptions:
• Trust Participation Agreement: City of Livingston agrees that they will be joining a trust receiving group coverage at group rates. • Replacement Coverage: This proposal reflects plan designs and benefits payable as determined by The Hartford. This insurance plan and the resulting benefit payments are not intended as a full replacement for any existing benefit plan or that plan’s payment procedures. The contract for this coverage is between the Benistar Employer Services Trust and The Hartford. • Plan Sponsorship: The BEST trust plan(s) may be the only group plan sponsored by City of Livingston. No other competing plans will be sponsored alongside The Hartford Plan. This includes Medicare Advantage Plans and Individual Plans. • Eligibility: All retirees of City of Livingston and their dependent spouses aged 65 and over who are Medicare eligible. All widows or widowers who are Medicare eligible and whose deceased spouse was an active employee of City of Livingston. Coverage for Medicare Disabled persons under age 65 is not available, unless explicitly stated in this proposal. • State Availability: Available to residents of all states except: Colorado, New Hampshire, New Mexico, Oregon, Utah, and Washington. Residents of Florida may be covered under standard Medicare Supplement plans as indicated.

Underwriting Requirements for the Benistar Employer Services Trust Program:
• Minimum participation requirement of 2 eligible lives. • Maximum group size of 500 participating lives.
• The participating firm should not be involved in a bankruptcy filing unless such a filing is necessary for restructuring. • The participating firm may not have sponsored a group plan for its eligible retirees during the past three years for which Hartford was the carrier. • Claims Experience: For the Benistar Employer Services Trust is pooled together with all the other Firms under the trust. The trust experience is reviewed once a year and if necessary, adjustments are implemented on January 1st. This does not apply for residents of Florida. Florida rates are filed once a year and may only be changed upon the approval of that state’s Department of Insurance. • Benefit Changes: Any plan benefit changes approved by the Benistar Employer Services Trust will be implemented on January 1st of any year. This does not apply to residents of Florida, where rates and benefits are filed with and approved by each state’s Department of Insurance. • Enrollment: Roll-over of all existing insured from the current plan to the BEST trust Program and Medicare Supplement Plans OR during the initial open enrollment period, each eligible retiree may elect to enroll in the plan offered. They may enroll themselves and their eligible Dependent. After the Initial Enrollment Period, an Eligible Retiree may enroll within 30 days of the date they become eligible or during any other open enrollment period. • Note that for residents of Florida, a complete enrollment kit must be provided, and each eligible individual must be offered the opportunity to enroll in the program, regardless of the amount of employer contribution. • A complete rollover of all existing insured from the current plan to the Benistar Employer Services Trust program and Medicare Supplement Plans is required. Dependent Spouses are optional and may elect to enroll themselves in the same plan as the retiree as elected by the firm.

After the initial enrollment period, an eligible retiree or eligible spouse may enroll within 30 days of the date they become eligible. • Billing: City of Livingston will be billed monthly for the entire cost of the premium. OR the entire plan premium will be directly collected from each insured. OR combination billing with a list bill sent to the firm to collect their portion of the premium and a direct bill mailed to the retiree and/or their spouse for their portion of premium.
• Participating Firm’s Contribution: Standardly, the average of 35% of the cost of the premium for the retiree is used to use the composite rate; age banded rates for less than 35%.
• Conditions: The Proposal contained herein is contingent upon City of Livingston being an employer group providing a welfare benefit plan. • Plans and Premium: City of Livingston will select one plan to offer to each eligible person. Any adjustments to plans or rates may be implemented on January 1st of any year.

R OU P R ET IR EE H EA L TH S O L UT I ONS

HARTFORD

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12 ADMINISTRATION FUNCTIONS:
• Premium, Billing & Enrollment Administrator: Benistar • Administrative functions: Eligibility and Billing customer service; certificate issuance; billing; print all marketing and enrollment materials; conduct enrollments; and maintain eligibility data to the Claims Administrator. • Claims Administrator: WebTPA
• Administrative functions: Claims payment, including process and adjudication of and claims related customer service. • Termination: We may terminate the policy if the premiums are not received when due. Either party may terminate the policy with advance written notice according to the terms described in the policy.
• Pre-existing Conditions Limitation: During the first 6 months of coverage, losses incurred for pre-existing conditions are not covered. If an injury occurs or Sickness starts after the covered person has been free of medical care for that condition for 6 consecutive months ending on / or after the Covered Person’s effective date of benefit that condition will be covered. A pre-existing condition means any injury or sickness for which medical care is received within the 6-month period prior to your coverage effective date.

We will credit toward satisfaction of the policy's pre-existing condition limitation the period that the covered person was continuously covered by the prior policy immediately before his or her effective date under this Policy.

IMPORTANT INFORMATION
The Hartford Financial Services Group, Inc., (NYSE: HIG) operates through its subsidiaries, including underwriting company Hartford Life and Accident Insurance Company, under the brand name, The Hartford®, headquartered at One Hartford Plaza, Hartford, CT 06155. For additional details, please read The Hartford’s legal notice at www.thehartford.com. All benefits are subject to the terms and conditions of the policy. Policies underwritten by the underwriting companies listed above detail exclusions, limitations, reduction of benefits and terms under which the policies may be continued in force or discontinued. This proposal explains the general purpose of the insurance described, but in no way changes or affects the policy as actually issued. In the event of a discrepancy between this proposal and the policy, the terms of the policy apply. Complete details are in the Certificate of Insurance issued to each insured individual and the Master Policy as issued to the policyholder. Benefits are subject to state availability.

Group Retiree Health Form Series includes GBD-2400, GBD-2500, or state equivalent.

NOT CONNECTED WITH OR ENDORSED BY THE U.S GOVERNMENT OR THE FEDERAL MEDICARE PROGRAM.

Limitations & Exclusions: The Hartford’s Insurance Plan does not cover any expense that is not a Medicare Eligible Expense or beyond the limits imposed by Medicare for such expenses or excluded by name or specific description by Medicare, except as specifically provided in the policy. The plan does not cover: Any part of a covered expense to the extent paid by Medicare; benefits payable under one benefit of the policy to the extent covered under another benefit of the policy; or expense incurred after coverage terminates, except as stated in any Extension-of-Benefits provision of the policy.

Commissions and Other Payments to Producers: TPG Group is compensated for the placement of insurance and for the services it provides to customers on behalf of the insurance company, in addition to other compensation it may receive.

R OU P R ET IR EE H EA L TH S O L UT I ONS

HARTFORD

Page 58 of 290 ends

1 EGWP Part D Proposal by
Express Scripts Medicare for: City of Livingston
Presented By:

Marie King Edmondson
Keenan & Associates
GRO U P RETIR E E H E AL T H SOL U TION S Page 59 of 290 2 Proposal Summary
We appreciate the opportunity to propose a group retiree health program that will meet the needs of City of Livingston and their Medicare-eligible retiree population. The proposed program includes Part D Employer Group Waiver Plan (EGWP), provided through Benistar and their chosen partners, to create a cohesive and unique experience for the Medicare-eligible retirees of City of Livingston with coverage effective May 1, 2026 to December 31, 2026.

Administrative Services:

Implementation and ongoing plan servicing will be provided by Benistar Admin Services Inc., a third-party administrator located in Avon, Connecticut. Benistar is specifically focused on the administration of retiree medical and prescription drug plans and has the expertise to administer these plans as a totally integrated and seamless solution for eligible retirees. As a third-party administrator, Benistar currently manages benefits for over 1,700 post-65 retiree groups for over 120,000 lives. Functioning as an employee-owned company, as well as a Women’s Business Enterprise, Benistar brings a unique perspective of personal accountability and care to the marketplace.
 Full Implementation Support:
o Communications – Benistar will work with City of Livingston and administrative partners to draft retiree communications, creating the smoothest possible process while maintaining compliance with CMS requirements.
o Eligibility and Enrollment – Benistar will manage all applicable eligibility and enrollment information with the carriers and provide eligibility management services compliant with HIPAA, all federal, state, and local privacy laws, and other applicable laws.
o Welcome Kit – Retirees will receive a welcome kit including a welcome letter, ID cards, certificate of insurance and benefits summaries.
o Implementation and Account Manager – An experienced implementation manager will guide the group through the implementation process, including hosting calls and being the primary point of contact for questions or concerns during the process as well as ongoing.  Concierge Call Center Access – Retirees can call the Benistar Retiree Customer Service Center with questions about their benefits for both the medical and prescription drug plans, making the program integrated and seamless for the retiree. The retiree customer service team is trained in Medicare products and in working closely with seniors. Representatives will stay on the line with the member and consult with the carrier or CMS to resolve member issues. Retirees are not rushed off the phone and there are no time limits for a service call.
 Billing – Invoices can be prepared to meet the needs of City of Livingston. Benistar can bill the company directly, bill the retirees, or split the bill between retirees and the employer for their portion of costs.

Retirees can also sign up to have their premium amounts automatically withdrawn from their bank account.  Boutique Service – Employers and retirees will have access to Benistar’s resources and support through a highly-trained retiree service center dedicated to providing an exceptional level of service in billing, eligibility, and claims questions.

GRO U P RETIR E E H E AL T H SOL U TION S Page 60 of 290 3 Highlights of the EGWP Part D Prescription Drug Plan
The proposed prescription drug plans are Employer Group Waiver Plans (EGWP). Express Scripts Medicare contracts with the Centers for Medicaid and Medicare Services (CMS) to serve as a Medicare Part D Plan Sponsor. As plan sponsor, Express Scripts Medicare manages compliance with CMS regulations regarding Part D plans.

Features include:
 Covered Drugs – Broadest formulary that includes coverage for all drugs eligible under Medicare Part D.

Standardly covers non-Part D drugs except for Part B drugs (typically covered by a medical plan), BEERS drugs (which have been identified as high-risk for seniors), and lifestyle drugs (which can be covered for an additional fee).
 Mail Order – Retirees can receive a 90-day supply of most medications through home delivery, typically with lower co-pays than retail.
o Express Scripts Pharmacy home delivery requires prescriptions to be written for a minimum of a 35-day supply for most medications. Prescriptions written for less than a 35-day supply must be filled at an in-network retail pharmacy.
o Exceptions to this rule are limited and include:
 Controlled substances (state or federally regulated)
 Over-the-counter (OTC) medications
 Diabetic supplies
 Select maintenance medications (e.g., warfarin, mood stabilizers, sublingual nitroglycerin)
o Members should consult with their provider to determine if a 35-day or longer supply is appropriate for home delivery.
 Flexibility in Plan Design – Matching plan designs as closely as possible minimizes member disruption.

Our strategy allows us to minimize disruption while still showing savings.  Pharmacy Network – Over 60,000 pharmacies nationwide, including both major pharmacy chains, and local pharmacies, meet retirees where they are and provide the highest level of service.  Government Subsidy – The proposed plan premium rates include the Medicare Part D subsidy. There is no additional subsidy filing needed. The average subsidy under EGWP plans is higher than the average subsidy received by clients who file for the RDS subsidy.  Transition Supply Program – If a member is newly enrolled in the plan and taking a non-formulary Part D medication OR a medication subject to a rule (e.g., Step Therapy, Quantity Level Limit, or Prior Authorization), they can receive up to a 30-day supply of medication during this transition period (a minimum of 90 days from the first day of new enrollment).

GRO U P RETIR E E H E AL T H SOL U TION S Page 61 of 290 4 Assumptions of the Program

1. Program Sponsorship – No other competing group retiree plans will be sponsored alongside this plan.
 One plan design will be implemented for all quoted retirees to enroll into.

2. Co-branding – Plan sponsor name and logo are allowed on member materials.

3. Eligibility – Subscribers and dependents must be eligible based on the plan sponsors eligibility requirements.
 Full Rollover: All membership quoted will be enrolled in the EGWP Part D solution outlined in this proposal.

4. Member Requirements – Members must be retired and enrolled in Medicare Parts A and B.

5. Contribution – This quote assumes that City of Livingston contributes 75% towards the cost of monthly premiums.

6. Participation - If the enrollment were to change by more than +/- 10% of the quoted membership of 14 lives, we reserve the right to adjust the premium.

7. State Requirements - This plan may be limited in some states to employers that qualify as a large group within that state. The large group definition varies by state.

8. Implementation timeline – Due to CMS-required procedures, 90 days are required to implement the coverage, starting when the proposal is officially accepted by City of Livingston .The effective date proposed may need to be adjusted accordingly.

9. Broker Appointment – Brokers will need to be trained and appointed with Express Scripts Medicare in advance of the plan effective date to collect commissions.

10. Expiration – Premiums may be adjusted if the effective date is changed from the date in this proposal.

11. Regulatory Impact – Express Scripts Medicare reserves the right to modify their rates in the event of changes to existing laws, regulations, or any new legislation, assessments, taxes, and/or marketplace changes that will have an impact to the program costs or revenue, including but not limited to: (i) changes in the methodology used to calculate CMS payments including any changes due to EGWP bid waiver; (ii) any plan design changes required by the applicable regulatory authority (i.e. mandated benefits); (iii) any Force Majeure event, including but not limited to national pandemic, act of God, acts of terrorism, or anything beyond Express Scripts Medicare 's reasonable control; or (iv) as otherwise permitted in our contract.

12. CMS Adjustments – The rates do not reflect any potential premium adjustments provided by the Centers for Medicare and Medicare Services or federal regulations based on a Medicare beneficiary’s income.

13. Billing - The premium rate quoted herein assumes that premiums are due in full each month on or before the last business day of the month.

GRO U P RETIR E E H E AL T H SOL U TION S Page 62 of 290 5 Prescription Drug Plan Options:

Underwritten by Express Scripts
Medicare Part D Prescription Drug Benefits
Provided By Express Scripts Medicare
Option 1 Option 2 Option 3
Benefit Period Start May 1, 2026 May 1, 2026 May 1, 2026 Benefit Period End December 31, 2026 December 31, 2026 December 31, 2026 Formulary 5-tier 4-tier 4-tier
Pharmacy Network Medicare Preferred
Performance Network
Medicare Preferred
Performance Network
Medicare Preferred
Performance Network
Non-Part D Drugs* Included excluding lifestyles Included excluding lifestyles Included excluding lifestyles Lifestyle Drugs Not Included Not Included Not Included
Plan Deductible $0 $0 $0
Catastrophic Phase TrOOP Members pay $0 on Part D
drugs after $2,100.

Members pay $0 on Part D
drugs after $2,100.

Plan Max out of Pocket N/A N/A N/A
31-Day Retail Copayments
Preferred
Pharmacy
Standard
Pharmacy
Preferred
Pharmacy
Standard
Pharmacy
Preferred
Pharmacy
Standard
Pharmacy
Tier 0 (Preferred Generic) $0 $5 - - - -
Tier 1 (Generic) $15 $20 $5 $10 $0 $5
Tier 2 (Preferred Brand) $60 $65 $40 $45 $30 $35
Tier 3 (Non-Preferred) $100 $105 $75 $80 $60 $65
Tier 4 (Specialty) 32.5% 33% 32.5% 33% 32.5% 33%
90-Day Retail Copayments
Preferred
Pharmacy
Standard
Pharmacy
Preferred
Pharmacy
Standard
Pharmacy
Preferred
Pharmacy
Standard
Pharmacy
Tier 0 (Preferred Generic) $0 $5 - - - -
Tier 1 (Generic) $45 $50 $15 $20 $0 $5
Tier 2 (Preferred Brand) $180 $185 $120 $125 $90 $95
Tier 3 (Non-Preferred) $300 $305 $225 $230 $180 $185
Tier 4 (Specialty) 32.5% 33% 32.5% 33% $32.5% 33%
90-Day Home Delivery Copayments
Tier 0 (Preferred Generic) $0 - -
Tier 1 (Generic) $30 $10 $0
Tier 2 (Preferred Brand) $150 $80 $60
Tier 3 (Non-Preferred) $250 $180 $120
Tier 4 (Specialty) 32.5% 32.5% 32.5%
Utilization Management Standard Part D Standard Part D Standard Part D *With the exception of Part B drugs, which are covered by the medical plan.

Please refer “Changes to Part D Employer Group Waiver Plan” for a summary on how EGWP Part D plans are impacted by the IRA legislation.

Monthly Premium Per $279.20 $341.60 $426.70
GRO U P RETIR E E H E AL T H SOL U TION S Page 63 of 290 6 PRESCRIPTION DRUG BENEFIT NOTES
This coverage is considered to be Medicare Part D coverage and is provided through Express Scripts Medicare, who contracts with the federal government. The illustrated premium is subject to change in the event of CMS guidance and rate changes. Mid-year terminations are not permitted, and any premature termination shall incur an early-termination fee.

Express Scripts Medicare Service Area
All 50 states, the District of Columbia, and Puerto Rico.

Participating in the Group's Prescription Drug Coverage This coverage is available to Medicare-eligible retirees of City of Livingston, or those retirees who qualify for Medicare Part A and/or are enrolled in Medicare Part B. If the retiree is eligible for Medicare, the retiree will be automatically group enrolled into this prescription drug benefit, effective May 1, 2026 unless the retiree has opted out of the Plan.

Part D Drugs vs. Non Part D Drugs
The Medicare Premier Access formulary covers 100% of Part D drugs but does not cover Non-Part D or Part B drugs unless additional coverage riders are added.

Non Part D Drug categories:
• Diabetic Supplies
• Cough and Cold
• Legend Vitamins
• OTC
Lifestyle Drug categories:
• Erectile Dysfunction
• Anti-Obesity (with additional fee)
• Smoking Cessation
• Cosmetic
• Infertility
• OTC Internal
Medicare Preferred Performance Network (MPPN) (CVS)
The Medicare Preferred Performance Network (MPPN) is a two-tiered network anchored by CVS, providing access to a total of approximately 60,000 pharmacies with a minimum copay differential between 30,000 MPPN Preferred Pharmacies (Tier 1) and nonpreferred/standard pharmacies (Tier 2) via the Any-Willing Provider (AWP) National Medicare Performance Network (NMPN) Wrap.

Copay differentials do not apply to low-income subsidy members. MPPN and NMPN Wrap focus on plan savings coupled with positive impacts to member health outcomes, which includes an ESI-funded bonus pool incentivizing participating pharmacies to provide enhanced patient care guided by CMS STAR metrics at the point-of-service. These networks include pharmacy education around 90-day fills and additional adherence communications to members. In the event of a change in network composition or its terms and conditions, ESI reserves the right to make an adjustment to these terms.

Voluntary Generics Policy
No matter who requests the Brand name, Physician or Member, no ancillary charge applies.

Compound Drugs
Compound Management Solution applies. Compound Management Solution is in place to mitigate compound drug abuse by means of inclusion and exclusion lists.

High-Cost Generic Drugs
As defined by Express Scripts, Non-preferred Generics will be subject to the Non-preferred Drug Tier copay, all other Generics will be subject to the appropriate Generic Tier copay (excluding Specialty Tier Generics, when applicable).

Qualifying for Low Income Subsidy and Cost Sharing
If the retiree qualifies for extra help this year, they will receive a document entitled “Important Information for those who Receive Extra Help Paying for their Prescription Drugs” that has more specific information on your premiums and cost-sharing for 2026. Read this important information carefully. If the retiree doesn’t know what level of extra help they qualify for, they can call 1-800-MEDICARE (1-800-633-4227). TTY users should call 1-877-486- 2048.

Standard Part D Management Programs
Step Therapy: CMS approved program that manages drug costs within specific therapy classes by ensuring that patients try a front-line or step one drug (usually generics) before a higher cost back-up or step two brand-name drug is covered. Within specific therapy classes, multiple drugs are available to treat the same condition. Step therapy points a new patient to a front-line or step one, lower cost, clinically effective drug in each therapy group.

Evidence-based clinical protocols are used to select front-line or step one drug.

Prior Authorization: CMS approved program that manages plan benefits by ensuring appropriate prescribing and member usage. For Express Scripts Medicare Standard list of drugs, client agrees to all updates/revisions as approved by CMS. B vs D require prior authorization, if determined to be a Part B drug, then the co-pay will process at the Part B co-pay (if covered); if determined to be a Part D drug then the co-pay will process at the applicable Part D co-pay. Members will be allowed one transition fill for a retail supply (up to 31-day supply) within the first 90 days of enrollment.

Quantity Level Limits: CMS approved program that manages prescription costs by ensuring that the quantity of units supplied for each copayment are consistent with clinical dosing guidelines. The program is designed to support safe, effective, and economic use of drugs while giving patients access to quality care. Express Scripts Medicare clinicians maintain a list of quantity limit drugs, which is based upon manufacturer-recommended guidelines and medical literature. Online edits help make sure optimal quantities of medication are dispensed per copayment and per days’ supply.

Income Related Monthly Adjustment Amount (IRMAA)
Members whose modified gross income exceeds certain thresholds will be required to pay an extra amount, referred to as income related monthly adjust amount, for their Medicare Part D coverage. The Social Security Administration will determine which members are required to pay a Part D IRMAA.

Please contact us with any questions regarding IRMAA.

GRO U P RETIR E E H E AL T H SOL U TION S Page 64 of 290 Benistar Admin
Services, Inc.

Serving our clients and their retiree healthcare
plan participants at the highest Level
End to End
Coordination
Flexibility
Alignment and
Accountability
Member Centric
Culture
City of Livingston, CA

PROACTIVE

PASSIONATE

PROFICIENT

Page 65 of 290 ends

Benistar At-A-Glance
 Acting as a full-service Third-Party Retiree
Administrator licensed in all 50 states with over
1,700 clients.
 Specialized in the group retiree marketplace since
before the Medicare Modernization Act was
established.
 Benistar has a Best-in-Class benefits management
platform that is flexible, reliable, and simplifies
Benefit administration on behalf of our clients.
 Hosting an in-house retiree advocacy team, we
assist members with concerns regarding their
group benefits, either directly resolving the
concern, or working with carriers on the members
behalf.

Page 66 of 290 ends

Why is Benistar Unique?
 Broad expertise in product development,
benefit design, underwriting &
sustainability, implementation, retiree
advocacy, and general administration for
retiree groups.
 Employee-owned company with nearly a
decade of tenure on average for
employees ensures a deep pool of
knowledge across the organization
 Certified Women’s Business Enterprise
 100% of service is in the U.S.
headquartered in CT with offices in IL, SC,
NC, and TX
 99+% client retention rate acts as a
testament to Benistar’s ability to drive
sustainable financial and service value for
the life or our clients
UNIQUE

Page 67 of 290 ends

Questions?
I

Page 68 of 290 ends

Appendix

Page 69 of 290 ends

Leveraging Strengths for Clients and their Retiree Plan Participants via a Comprehensive Service Solution

SIMPLIFIED

BILLING

SOLUTIONS
Turn-Key
Implementation

ENHANCED

ENROLLMENT

SERVICES

CONCIERGE

RETIREE

SERVICE MODEL
Custom
Communications
POS Care
Coordination
Enhanced Benefit Utilization
•
.--,-.----------• ..

Page 70 of 290 ends

Concierge Retiree Service Center
One Call center to assist with
all retiree needs
20+ Years of experience
supporting retirees
Live Representatives
answering calls
90%
Of inquires resolved during
initial call, remaining
resolved within 48 hours.

7.5 Seconds of average calls
answered.
<1% Abandoned call rate.

Personalized Approach

Page 71 of 290 ends

Simplified Eligibility
20+
Live
Telephonic Call Center Support
to answer questions
Onsite In-person retiree
meeting support
Online
Custom guided
online enrollment
process
One Eligibility File
Accurate Enrollment Error
Resolution
Flexible Data Conversion
No Fuss Enrollment

Page 72 of 290 ends

Simplified Billing
One
Invoice across all lines
of business Benistar
administers
Custom Invoice to meet the
needs of client
Flexible Direct, Split, List & Late
Payer Notices
One
Retiree friendly bill
across all healthcare
plans
Live
Representatives at the
ready to answer retiree
inquiries
LIPS
Low income premium
subsidy can be applied
as credits
Stress Free Invoicing

Page 73 of 290 ends

Security & Compliance
Benistar is HITRUST & Soc.2 certified and takes the security of PHI, vendor partner data, and internal proprietary data seriously.
Benistar is registered as a TPA in good standing in all 50 states.
 Working in partnership with carrier partners, clients, and retirees themselves, we ensure that all federal, state, eligibility, and underwriting guidelines are followed.

Page 74 of 290 ends

STAFF REPORT
AGENDA ITEM: Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in June due to the 2026 Primary Election
MEETING DATE: March 3, 2026
PREPARED BY: Monica Cisneros, Deputy City Clerk/Assistant to City Manager REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:

It is respectfully recommended that the City Council of the City of Livingston (“City Council”) adopt a resolution approving the cancellation of the first regular scheduled City Council meeting in June due to the 2026 Primary Election.

BACKGROUND AND DISCUSSION:

The City received a call from Merced County Registrar of Voters to see if they could use our facility to provide a vote center for our residents, since the facility they usually use will not be available. They would be using our Council Chambers from Saturday, May 30, 2026, through June 2, 2026.

Section 1-5-1 (A) of the City of Livingston Municipal Code establishes that the City Council shall hold its regular meetings on the first and third Tuesday of each month at the hour of 7:00 p.m. If at any time a regular meeting falls on a holiday, the regular meeting shall be held on the next business day.

Currently, there are no scheduled agenda items for the June 2, 2026, City Council Meeting.

If the City Council does not approve the resolution cancelling the June 2, 2026, regularly scheduled City Council meeting, the regular meeting will be held, per Livingston Municipal Code section 1-5-1 (A).

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Resolution

Page 75 of 290 ends

RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

APPROVING THE CANCELLATION OF THE FIRST REGULAR SCHEDULED CITY COUNCIL MEETING IN JUNE DUE TO THE 2026 PRIMARY ELECTION WHEREAS, Section 1-5-1 (A) of the City of Livingston Municipal Code establishes that the City Council shall hold its regular meetings on the first and third Tuesday of each month at the hour of 7:00 p.m. If at any time a regular meeting falls on a holiday, the regular meeting shall be held on the next business day.

WHREAS, currently, there are no scheduled agenda items for the June 2, 2026, City Council Meeting.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON HEREBY:

1. Approves the cancellation of the first Regular Scheduled City Council Meeting June due to the 2026 Primary Election.

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

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

APPROVED AS TO LEGAL FORM
________________________
Marc Tran, City Attorney

Page 76 of 290 ends

Monica Cisneros
City of Livingston Council Chambers Building
663 Main Street
Livingston, Ca 95334
Dear Monica Cisneros,
The Merced County Elections Department works hard to ensure that elections in Merced County are conducted in a free, fair, accurate, and transparent manner. As part of that effort, we are seeking partnerships with local building managers and/or owners for the temporary use of locations that can serve as Vote Centers.

We have identified the City of Livingston Council Chambers Building as an ideal location due to its size, proximity to voters, and a layout that affords a completely assessible experience for voters. As a Vote Center, the building would be used for the following purposes:
• Voter registration and information dissemination
• Early voting and ballot drop-off
• Election Day voting activities
Our team will be responsible for setting up before the election period and restoring the space to its original state afterward. All necessary measures will be taken to respect the property and maintain it in excellent condition throughout its use.

Please sign and return the form below at your earliest convenience. You may email this form to [email protected]. Please indicate any changes in mailing address, phone number or room to be used at the facility and include any facility use agreement that we will need to submit.

We are requesting to use, and secure, your facility for the following dates/times:

For the June 2, 2026, Statewide Direct Primary Election Schedule Setup Date: Thursday, 05/28/2026
Vote Center Operations: Saturday, 05/30/2026 through Monday, 06/01/2026, 7:00am to 5:00pm Tuesday, 06/02/2026, 6:00am to 10:00pm
Scheduled Pickup Date: Wednesday, 06/03/2026
~
MEfiCED~
COUNTY

REGISTRAR OF VOTERS

Page 77 of 290 ends

For the November 3, 2026, Statewide General Election
Schedule Setup Date: Thursday, 10/29/2026
Vote Center Operations: Saturday, 10/31/2026 through Monday, 11/02/2026, 7:00am to 5:00pm Tuesday, 11/03/2026, 6:00am to 10:00pm
Scheduled Pickup Date: Wednesday, 11/04/2026
Please do not hesitate to reach out to my team if you have any questions. Your Point of Contact will be Nivea Martinez, Election Specialist II. She can be reached at 209.385.7541.

Thank you for helping in ensuring the voters of Merced County can make their voices heard.

Melvin E. Levey
Registrar of Voters
Merced County

Page 78 of 290 ends

For the June 2, 2026, Statewide Direct Primary Election:

Indicate room we are approved to use here: _______________________________

DELIVERY CONTACT INFORMATION BELOW
Contact Name: ______________________________________Title: ____________________________ Contact Phone Number: ________________________E-mail: ________________________________ Best time for Delivery and Pickup: ________________________________________________________

EMERGENCY CONTACT PERSON FOR FACILITY
Emergency Name: __________________________________Number: _________________________ Print Name: ________________________________________________________________________ Signature of Person Authorizing Use: _________________________________Date:_______________ For the November 3, 2026, Statewide General Election:

Indicate room we are approved to use here: _______________________________

DELIVERY CONTACT INFORMATION BELOW
Contact Name: ______________________________________Title: ____________________________

Page 79 of 290 ends

Contact Phone Number: ________________________E-mail: _________________________________ Best time for Delivery and Pickup: _______________________________________________________

EMERGENCY CONTACT PERSON FOR FACILITY
Emergency Name: __________________________________Number: __________________________ Print Name: _________________________________________________________________________ Signature of Person Authorizing Use: _________________________________Date:________________

Page 80 of 290 ends

STAFF REPORT
AGENDA ITEM: Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in November due to the 2026 General Election
MEETING DATE: March 3, 2026
PREPARED BY: Monica Cisneros, Deputy City Clerk/Assistant to City Manager REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:

BACKGROUND AND DISCUSSION:

The City received a call from Merced County Registrar of Voters to see if they could use our facility to provide a vote center for our residents. They would be using our Council Chambers from October 31, 2026, through November 3, 2026.

Currently, there are no scheduled agenda items for the November 3, 2026, City Council Meeting.

If the City Council does not approve the resolution cancelling the November 3, 2026, regularly scheduled City Council meeting, the regular meeting will be held, per Livingston Municipal Code section 1-5-1 (A).

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Resolution

Page 81 of 290 ends

RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

APPROVING THE CANCELLATION OF THE FIRST REGULAR SCHEDULED CITY COUNCIL MEETING IN NOVEMBER DUE TO THE 2026 GENERAL ELECTION WHEREAS, Section 1-5-1 (A) of the City of Livingston Municipal Code establishes that the City Council shall hold its regular meetings on the first and third Tuesday of each month at the hour of 7:00 p.m. If at any time a regular meeting falls on a holiday, the regular meeting shall be held on the next business day.

WHREAS, currently, there are no scheduled agenda items for the November 3, 2026, City Council Meeting.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON HEREBY:

1. Approves the cancellation of the first Regular Scheduled City Council Meeting November due to the 2026 General Election.

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

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

APPROVED AS TO LEGAL FORM
________________________
Marc Tran, City Attorney

Page 82 of 290 ends

We are requesting to use, and secure, your facility for the following dates/times:

REGISTRAR OF VOTERS

Page 83 of 290 ends

Thank you for helping in ensuring the voters of Merced County can make their voices heard.

Melvin E. Levey
Registrar of Voters
Merced County

Page 84 of 290 ends

For the June 2, 2026, Statewide Direct Primary Election:

Indicate room we are approved to use here: _______________________________

DELIVERY CONTACT INFORMATION BELOW
Contact Name: ______________________________________Title: ____________________________

Page 85 of 290 ends

Contact Phone Number: ________________________E-mail: _________________________________ Best time for Delivery and Pickup: _______________________________________________________

Page 86 of 290 ends

STAFF REPORT
AGENDA ITEM: Resolution Continuing the Local Emergency in the City of Livingston Due to the Public Health and Property Threat Created by the Well 9 Failure MEETING DATE: March 3, 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 continuing the local emergency in the City due to the public health and property threat created by the Well 9 failure.

BACKGROUND:

On February 17, 2026, Council approved a resolution finding a need to take emergency actions to repair or replace the failed casing and motor of Well 9.

DISCUSSION:

Under Ca. Public Contract Code §22050 (c)(1), the City Council must review the emergency action at its next regularly scheduled meeting, or at least every 14 days, until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action to respond to the emergency.

The emergency repairs to Well 9 is ongoing. 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. The repairs remain necessary to prevent the 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 believes there is a need to continue the emergency action.

FISCAL IMPACT:

There is no fiscal impact to continuing the emergency action under Public Contract Code §22050.

ATTACHMENTS:

1. Resolution No. 2026-

Page 87 of 290 ends

RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON CONTINUING

THE LOCAL EMERGENCY DUE TO THE PUBLIC HEALTH AND PROPERTY THREAT CREATED BY THE WELL 9 FAILURE (4/5 VOTE REQUIRED) WHEREAS, on February 17, 2026, the City Council approved Resolution No. __, finding a need to take emergency action to repair or replace the failed casing and motor of Well 9, pursuant to California Public Contract Code §22050(a); and WHEREAS, the emergency repairs to Well 9 have commenced and are ongoing; 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, the City Council shall review the emergency action at its next regularly scheduled meeting or at least every 14 days until the action is terminated, to determine, by a fourfifths vote, that there is a need to continue the action; 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 occurrence 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. That a local emergency still exists due to the failure of Well 9; and

2. That there is a need to continue the emergency action.

3. 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 3rd day of March 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor

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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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STAFF REPORT
AGENDA ITEM: Public Hearing - Approval to Waive the Second 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.

MEETING DATE: March 3, 2026
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDED ACTIONS:

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

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

BACKGROUND AND DISCUSSION:

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

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

The twelve CCR Title 24 parts are as follows:

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

The City Council held a public hearing on November 18, 2025. A commentor inquired whether the City is required to adopt the 2025 California Wildland-Urban Interface Code. The City continues the public hearing to allow staff to review the request. The County Fire Marshal’s Office recommended the adoption of the 2025 California Wildland-Urban Interface Code.

ANALYSIS:

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

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

It is mandatory that each jurisdiction within the State of California implement these codes. To effectively accomplish this, each jurisdiction must adopt rules and requirements for administering these codes. Title 4 of the Livingston Municipal Code contains the City’s Building regulations.

The proposed ordinance would adopt by reference several State of California building-related codes contained in Title 24 of the California Code of Regulations, including the California Building Code, the California Mechanical Code, the International Property Maintenance Code, the California Plumbing Code, the California Electrical Code, the California Historical Building Code, the California Energy Code, the California Green Building Standards Code, the Fire Code, and the California Residential Building Code.

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

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

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

Key changes from the 2022 adoption to 2025 Code editions include:
• Amendment to the 2025 California Building Code Part 1, to clarify and provide consistency between the codes for fire resistive requirements supporting fire-rated construction. • Adoption of the 2025 California Building Code Part 2 Appendix H Signs, to provide specific code provisions for the installation of signs.
• Amendment to the 2025 California Electrical Code Part 3, clarifying the separation requirement for conductors of different services, to provide additional safety to service personnel when working on electrical equipment.

Assembly Bill 130
Assembly Bill 130 (signed into law June 30, 2025) introduces significant reforms to how California adopts and applies building codes, particularly for residential development. Its purpose is to provide certainty for builders, reduce costs tied to frequent code changes, and align regulations with housing and climate goals. See Attachment 3 - California Building Standards Commission Information Bulletin 25-03:

Key Provisions:

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

2. Exceptions to the Moratorium
• Emergency health & safety standards.
• Amendments from the State Fire Marshal, including Wildland–Urban Interface (WUI) fire safety.
• Home hardening (fire safety) requirements.
• Changes tied to an adopted General Plan greenhouse gas reduction strategy (e.g., mixed-fuel or all-electric policies).

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

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

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ENVIRONMENTAL ASSESSMENT:

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

POLICY ISSUE:

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

In accordance with Government Code Section 50022.3, the City Council must schedule a public hearing after the first reading of the title of the proposed ordinance. The Ordinance and Code need to be available for public review at least 15 days before the public hearing. The public notice of the consideration of the ordinance for adoption needs to be published once a week for 2 weeks prior to the hearing. The Public Hearing Notice was published on October 29, 2025, for a public hearing date of November 18, 2025. The public hearing was opened and continued. A public hearing was published on Friday, December 19, 2025, for the City Council Meeting of January 6, 2026. An Ordinance Summary was published on February 1, 2026, in the Merced Sun Star.

FISCAL IMPACT:

No Fiscal Impact.

STAFFING IMPACT:

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

ATTACHMENT(S):

1. California Building Standards Commission Information Bulletin 25-01

2. California Building Standards Commission Information Bulletin 25-02

3. California Building Standards Commission Information Bulletin 25-03

4. Proposed Title 4 Ordinance Amendment

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ATTACHMENT 4
ORDINANCE NO. ___

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

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

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

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

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

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

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

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

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

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

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

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

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§ 4-1-2: DEFINITIONS.

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

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

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

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

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

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

2. Written Appeal: City Planner determination. If the permit applicant or any other person is not satisfied with the City Planner’s determination, written appeal must be filed with the Secretary of the Planning Commission, or the City Clerk in the Secretary’s absence, within ten days of the City Planner’s determination. The appeal must set forth the specific reasons

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why the appellant believes the determination to be incorrect. The City Planner or the Secretary to the Planning Commission is authorized under § 5-6-6(A) of this code to set the public hearing for the appeal.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 2. Severability. If any part, section, subsection, sentence, clause, phrase, or portion of this chapter is, for any reason held to be invalid, ineffective, or unconstitutional by the decisions of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted this chapter, and any part, section, subsection, sentence, clause, phrase or portion of this chapter, irrespective of the fact that any one (1) or more parts, sections, subsections, sentences, clauses, phrases, or portions of this chapter are judicially determined to be invalid, ineffective or unconstitutional.

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

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

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

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

Introduced: January 6, 2026
Passed and Adopted:

JOSE MORAN, Mayor
of the City of Livingston
ATTEST:
______________________________
Monica Cisneros, Deputy City Clerk
APPROVED AS TO FORM:
______________________________
Marc Barraza Tran, City Attorney

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DEPARTMENT OF GENERAL SERVICES GOVERNOR GAVIN NEWSOM

BUILDING STANDARDS COMMISSION
2525 Natomas Park Drive, Suite 130
Sacramento, California 95833-2936
(916) 263-0916

CALIFORNIA BUILDING STANDARDS COMMISSION
INFORMATION BULLETIN 25-01
DATE:

TO:

July 1, 2025

LOCAL BUILDING DEPARTMENTS

ST ATE AGENCIES AND DEPARTMENTS

INTERESTED PARTIES
SUBJECT: 2025 California Building Standards Code - Now Available This Information Bulletin announces the publication of the 2025 California Building Standards Code, the effective date and application of the codes, availability, as well as enforcement responsibility.

The 2025 California Building Standards Code, Title 24, California Code of Regulations (Title 24) was published July 1, 2025, and is now available for purchase.

Effective Date and Application of the 2025 California Building Standards Code January 1, 2026, is the statewide effective date for the 2025 California Building Standards Code, as established by the California Building Standards Commission (CBSC). In accordance with California Health and Safety Code Section 18938.5, all applications for building permits submitted on or after January 1, 2026, are subject to compliance with the 2025 California Building Standards Code.

The 2022 California Building Standards Code remains in effect and is applicable to all plans and specifications related to construction performed where the application for a building permit is received on or before December 31, 2025.

Availability of the 2025 California Building Standards Code The 2025 edition of Title 24 may be purchased from the following publishers:
• International Code Council (ICC)
Parts 1, 2, 2.5, 6, 7, 8, 9, 10, 11 and 12
ICC Online Store: shop.iccsafe.org
Telephone: ICC Store (800) 786-4452
• International Association of Plumbing and Mechanical Officials (IAPMO) Parts 4 and 5
IAPMO Online Store: www.iapmomembership.org
Telephone: (909) 472-4208
. , National Fire Protection Association (NFPA)
Part 3
NFPA Online Store: www.nfpa.org
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The thirteen parts of Title 24 may be accessed through the California Building.

Standards Commission website https://www.dgs.ca.gov/BSC/codes.

Enforcement Responsibility
Title 24 is the minimum standard established in law for the design and construction of buildings and structures in California. State law mandates that local governments enforce these regulations or enforce local ordinances containing qualified reasonably necessary and generally more restrictive building standards than those provided in the California Building Standards Code.

Exceptions are building standards applicable to hospitals, state buildings, public schools and colleges, and other occupancies that are subject to enforcement by state agencies.

For detailed information regarding enforcement responsibilities refer to Part 1 of Title 24 and Chapter 1 of most Parts of Title 24.

References in law pertaining to enforcement responsibility include, but are not limited to, Health and Safety Code Sections 17950, 17958, 17958.5, 17958.7, 17960, 18938 and 18941.5. Additional information may be found in CBSC's guide, It's your Building Department. This guide was developed to aid elected officials and executive managers of local governments in understanding the roles and responsibilities of their building departments which are established in state law.

Amendment by Local Ordinance
Local ordinances that amend Title 24 building standards are subject to requirements of California law and must be ratified and filed for each triennial edition of Title 24.

Generally, local ordinances must implement standards which are more restrictive than the building standards approved/adopted by the CBSC. Local ordinances containing building standards must be filed with CBSC, the Department of Housing and Community Development, the Office of the State Fire Marshal, or the State Historical Building Safety Board, as appropriate, before they are effective and operative.

References in law pertaining to local ordinance adoption include, but are not limited to, Health and Safety Code Sections 13143.5, 17950, 17958, 17958.5, 17958.7, 18938, 18941.5 and 18959. The Local Code Ordinances webpage on CBSC's website has a number of helpful resources including the 2022 edition of the Guide for Local Amendments of Building Standards, examples of ordinances that were filed in accordance with state law, and the updated California Code Adoption for Local Jurisdictions video.
2025 Title 24 California Code Changes
Please see CBSC's 2025 Title 24 California Code Changes document (or web page) for details of California code changes in the individual parts of Title 24 that were amended by state agencies during the 2024 Triennial Code Adoption Cycle. They will be listed by chapter, agency, and sections within each part, as appropriate. This information will be made available as both a downloadable PDF document and on the CBSC Resources webpage in the coming weeks.

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Stoyan Bumbalov
Executive Director
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3 DEPARTMENT OF GENERAL SERVICES

BUILDING STANDARDS COMMISSION
2525 Natomas Park Drive, Suite 130
Sacramento, California 95833-2936
(916) 263-0916

GOVERNOR GAVIN NEWSOM

CALIFORNIA BUILDING STANDARDS COMMISSION
INFORMATION BULLETIN 25-02
DATE: August 20, 2025

LOCAL BUILDING DEPARTMENTS

ST ATE AGENCIES AND DEPARTMENTS

INTERESTED PARTIES
SUBJECT: 2025 California Building Standards Code - Local Ordinance Filing Requirements, Accessibility Recommendations, and Passage of AB 130 The purpose of this Information Bulletin is to notify local jurisdictions and code users of changes impacting the ordinance ·fifing, requirements for the recenUy completed 2024 Triennial Cade Adoptron Cycle that resulted in the 2025 CaUfomia Building Standards Code, Title 24 of the Califom[a Code of Regulations (Title 24), including the request that ordinances be filed in an accessible format so they can be posted directJy on the Californr:a Build ng Standards Commission ,(CBSG} website. This lnformat.ion Bulletin also serves to bring aUention to requirements of state raw establishing the applicati,on of Title 24, and how ,local government mus.t enforce fls provisions as applicable,. may enact more restrictive .requirements for local conditions, adopt admlnist .ative regulations and approve alternatives. This bultetin supersedes au other informati·on bulletins previously issued by case on this subject.

Referenced State Law and Code
All state laws referenced herein may be viewed at th.e Califnm ia Legislative Information website http://leginfoJegislatum.ca.gov/. The. thirteen parts of the California Code of .Regulations, Trtle 24 may be accessed through the California Building Standards Commission website https:/lwww.dgs ... ca.g.ov/BSC. Refer,ence-d California Code of Regulations, Title 25, and provisions may be viewed at the Office of Admlnistra ive Law website httgs:lloal.ca.gov/.

Applicability
The applicability of Title 24 is identified in the California Health and Safety Code (HSC), which is state ,l:aw. Within the HSC there are two bodies of law addressing the .application of Title 24. First js tMe California Building Standards law, located in HSC Division 13, Part 2.5, commencing wlth Section 18901 , and the second is the State Hous,ing Law, located in HSC Dlvision 13, Part 1.5, commencing with Section 17910.

Thes•e provisions of law establish that Title 24, as published, and incorporating the latest editions of selected model codes. is the applicable -code for all buJld ng oocup.ancies Page
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throughout the state. Model codes by themselves do not include all applicable requirements for the design and construction of buildings in California. (The term "occupancy" as used in the California Building Standards Code is the method of classifying all buildings as to their designated use as structures).

Additionally, the Department of Housing and Community Development (HCD) has adopted regulations implementing the State Housing Law in the California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1 (Title 25) for residential structures subject to the State Housing Law. These regulations, Title 24, and the requirements of the State Housing Law, are applicable throughout the state.

Local Government Adoption of Title 24 by Ordinance
• Title 24 is applicable to all occupancies throughout California as per HSC Sections 17950 and 18938(b). If a local government does not adopt Title 24 by ordinance, Title 24 becomes the applicable code for all building occupancies by default as per HSC Section 17958.
• The State Housing Law requires local building department enforcement of the Law, building standards, and implementation of regulations of the Department of Housing and Community Development for residential structures. HSC, Sections 17950 and 18948.
• Local government should work closely with its legal counsel to develop an adopting ordinance pursuant to Government Code, Section 50020, et. seq., express findings for any amendment of Title 24, and provide for enforcement of Title 24.

Amendment by Local Ordinance
Local governments may amend Title 24, including the adoption of appendices, and the regulations of the Department of Housing and Community Development in Title 25 applicable to residential structures. The provisions of law that permit these local government amendments contain subtle differences.

Local governments may also adopt other model codes, provided the adoption of such model codes does not conflict with state law, building standards or other adopted California regulations.

Local Government Amendments under the Building Standards Law The Building Standards Law takes a straightforward approach to amendments by local governments.
• The governing body of a local jurisdiction shall make express findings that amendments to the building standards, including green building standards, and adoption of appendices contained in Title 24 are reasonably necessary because of local climatic, geological, or topographical conditions. HSC, Sections 17958.?(a) and 18941.5(b).

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7 • Local governments are not limited in their authority to establish more restrictive and reasonably necessary building standards, including green building standards, than those contained in Title 24. HSC, Section 18941.5 (b). • The local amendments are not effective or operative until a copy of the express findings and the amendments, with the amendments expressly marked and identified as to the applicable findings, have been filed with the California Building Standards Commission. HSC, Section 17958.7(a).

Local Government Amendments under the State Housing Law The State Housing Law provides for amendment of building standards related to residential construction and for amendment of Title 25. • The governing body of a local jurisdiction shall make an express finding that amendments to either the building standards, including green building standards, and the adoption of appendices for residential construction contained in Title 24, or the regulations of the Department of Housing and Community Development contained in Title 25, are reasonably necessary because of local climatic, geological, or topographical conditions. HSC, Sections, 17958.5 and 17958.7(a).

There is an exception in Title 25, Section 52 to the requirement for an express finding where alternate abatement procedures are determined by the local enforcement agency to be the equivalent of those contained in Title 25. • Unlike the California Building Standards Law, there is no specific requirement in the State Housing Law that local government amendments provide either more restrictive building standards, including green building standards, than those contained in Title 24, or more restrictive regulations than those contained in Title

25. However, Title 24 provisions are the minimum standards, thus local amendments must be equivalent or more restrictive, but not less restrictive. HSC, Sections, 17958.5, 17958.7(a), and 18941.5(b)
• The local amendments are not effective or operative until a copy of the express findings and the amendments, with the amendments expressly marked and identified as to the applicable findings, have been filed with the California Building Standards Commission. HSC, Section 17958. 7(a).

Filings with the California Building Standards Commission Filings submitted to the California Building Standards Commission (CBSC) are reviewed and processed in the following manner:
• The absence of a filing with CBSC of local government amendments implies that Title 24 is applicable within that local jurisdiction without amendment. HSC, Section 17958.
• Local ordinances that only adopt Title 24 by reference without amendments need not be filed with the California Building Standards Commission or the Department of Housing and Community Development. Refer to HSC, Section 18909 regarding a local regulation that is not deemed a building standard and does not require filing .

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7 • CBSC is not authorized by law to evaluate the merits of the express findings that support the local climatic, geological, or topographical (environmental for CALGreen) conditions necessitating its amendments.
• CBSC may reject, in writing, any filings by local governments proposing to adopt and amend model codes adopted by California without California amendments included. Only Title 24, incorporating model codes and including California amendments by the state agencies, and the related regulations of the Department of Housing and Community Development, are subject to adoption and amendment by local governments. HSC, Sections 17958.5 and 17958.7. • CBSC may reject, in writing, a local government filing for the following reasons:
o No express finding was submitted with the proposed amendments. HSC, Section 17958. 7.
o The proposed amendments are not expressly marked and identified as to the applicable express findings. HSC, Section 18941.5.
o There is no evidence by signature(s), certification of the city/county clerk, transmittal letter or other reasonable means to validate that the express findings were a lawful action of the governing body of the local jurisdiction. • CBSC will issue a letter to the local enforcement agency stating that the code modifications are accepted for filing when they meet the requirements of Health and Safety Code Sections 17958. 7 and 18941.5.

Local Amendments for Universal Design in Housing
HSC Section 17959 authorizes local ordinances for universal design in residential occupancies based on guidelines and the Universal Design Model Ordinance developed by HCD. In general, the HCD model ordinance applies to new or substantially rehabilitated single-family, duplex, and triplex residential dwellings, except for custombuilt homes, that are not otherwise subject to the accessibility requirements in Part 2 of Title 24. These ordinances are filed with HCD.

Local Amendments for Shelter Crisis
Government Code (GOV) Sections 8698.3 and 8698.4 permit local jurisdictions to adopt ordinances to address shelter crises arising from homelessness or a natural disaster, such as fire. These local jurisdictions, upon declaring a shelter crisis, may adopt reasonable local standards and procedures for the design, site development and operation of shelters in lieu of compliance with state and local building approval procedures or state housing, health, habitability, planning, zoning or safety standards, procedures and laws. To assist locals with quickly adopting shelter crisis regulations, Appendix Q of the CBC and Appendix CJ of the CRC are available for adoption by ordinance without the need for express findings. Appendices Q and CJ are the minimum standards that must be met by a local shelter crisis ordinance. Refer to HCD's Information Bulletin 2020-09 for filing of Emergency Housing Ordinances with HCD.

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7 Local Amendments under the Fire Protection District Law Local government amendments to building standards in Title 24 adopted by the State Fire Marshal for fire and panic safety that are more stringent are permitted under this provision of state law for fire protection districts organized under HSC, Division 12, Part

2.7. There are differences in how these amendments are implemented. These ordinances are filed with HCD.

Local Amendments for Energy Conservation
Public Resources Code (PRC) Section 25402 .1 (h }(2)· allows more stringent loca I amendments 'to th.e energIy conservation provisions in the California Energy Code, Tftle 24, Part ·6 and the California Green Building Standards Code Part 11 (also known as "CALGreenn). The California Administrative Code T1ftle 24, Part 1, Chapter 10, Section 10-106, requires local government to gafn approval from the C.aliiornia Energy Commission (CEC,} for any local energy conservation requirement mo;re restrictive than the regulations in lhe Energ:y Code and/or CALGreen Code. Fited with CBSC and application approval by the CEC.

Local Amendments under the State Historical Building Code HSC, Division 13, Part 2.7 (the State Historical Building Code), Section 18959 (f), authorizes local government to make amendments to the California Historical Building Code, Part 8 of Title 24, for qualified historical buildings. Filed with the State Historical Building Safety Board.

Local Amendments under the Earthquake Protection Law
CBSC does not review ordinances developed pursuant to the Earthquake Protection Law (HSC Section 19100, et seq.) relative to seismic retrofit standards for seismically hazardous buildings. HSC Section 19165 requires these amendments be filed with HCD for informational purposes.

Local Amendments for Accessory Dwelling Units
Local amendments developed for the purpose of regulating accessory dwelling units pursuant to GOV Section 65852.2 are subject to the requirements of those provisions of law and local building code requirements that apply to detached dwellings. Filed with HCD.

Note: Refer to Guidebooks for Local Jurisdictions for detailed filing requirements for each of these types of amendments.

Submitting Accessible Documents for Posting on CBSC's Website In accordance with GOV Sections 7 405, 11135 and 11546. 7, in order for ordinances to be posted to CBSC's website for viewing or downloading by the public, they must be provided in a format that is accessible to persons with disabilities. The applicable standards for accessible documents are as follows :

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7 • Meet WCAG 2.0 AA (see * below) standards for document attributes including headers, lists, tables, alternative text for images (including signatures and logos), font and text styles, color and/or meaningful links
CBSC will review submitted documents for accessibility and will not be able to remediate those that do not meet these standards. When an ordinance document is not accessible, CBSC's local amendments webpage will only list the identification number of the ordinance. Constituents will then be able to request a copy by contacting CBSC or the local jurisdiction.

CBSC highly encourages jurisdiction staff to obtain training in creating accessible documents to proactively meet the needs of constituents now and in the future. Some resources for accessibility information and training are:
• California Department of Technology (CDT) Web Accessibility Training at cdt. ca. gov /workforce-development/ course-schedule/
• California Department of Rehabilitation (DOR) Accessibility at https://www.dor.ca.gov/Home/Accessibility
• *Web Content Accessibility Guidelines (WCAG) by the World Wide Web Consortium (W3C) at www.w3.org/TR/WCAG20/
Local Administrative Ordinances
Local regulations necessary to carry out procedures by a city, county, or city and county relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish building standards, may be enacted without meeting the requirements of HSC, Sections 17958, 17958.5, 17958.7 and 18941.5.

However, amendments to administrative provisions in Title 24 that relate to the implementation or enforcement of a building standard that do not have express findings that each amendment is reasonably necessary because of local climatic, geological, topographical, or environmental conditions and/or are not expressly marked is reason for rejection of the filing.

An example of an amendment of an administrative requirement necessitating an express finding is where a local ordinance changes when a permit is required by modifying the height provision for a fence. The administrative provisions of Title 24 do not require a permit for fencing not over 7 feet in height. A local ordinance changing the height requirement to 6 feet necessitates a permit, and compliance with design provisions (building standards) would be mandatory, thereby implementing or enforcing a building standard.

Local Approval of Alternatives
Local building departments have authority under HSC, Section 17951 (e) to allow alternative materials and methods of construction that are not specifically adopted in Title 24. Said section is from the State Housing Law with application to the design and construction of hotels, motels, lodging houses, apartments, condominiums, and dwellings. Thus, an alternative material or method of construction not specifically adopted in Title 24 may be approved on a case-by-case basis for residential structure Page
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7 construction under the conditions stated in HSC, Section 17951 (e), without the need for a local ordinance or code amendment. Additionally, Chapter 1 of various parts of Title 24 allows for the use of alternate materials, design, and methods of construction for both residential and nonresidential occupancies.

Note on the Passage of Assembly Bill 130 (Chapter 22, Statutes of 2025) Many of the laws governing the local amendment (ordinance) filing process referenced in his buUeUn were recenUy amended by budg'et trailer bill AB 130, statutes which .became effective June 30, 2025 (see 8-ections 29 .. 31 and 37-42 of the blll). This biU enacts a moratorium on state and local building standards affecting residenfal occupancres, as specified, and becomes operative October 1 2025 . It is important to note that the proces·s outlined in thiis bulletin and the laws governing this pmoess remain .fn effect th ,ough September 30, 2025. As such, all fiUngs ,of local amendments to Tit!e 24 received by CBSC through September 30, 2025, are subject to the exising laws cited herein. However, local amendment ordinances received by CBSG on or after October 1, 2025 wiU be subject to the new re.quirements outlined in AB 130 which requfres CBSC to reject a modification o change to any building :s'landard affecting a residential unit unless the submitted filing establlshes that one of the statutory condiUons is met CBSC will soon i:ssue a subsequent in.formation bulletin on how AB 130 revis,es the existing .l.ocal amendment filing prooess applicable to ordinances reoeived on or after October 1, 2025. To r,eceive this bulletin and other relevant informaf.on, please subscribe to our mailing l'ist on the CBSC Contact webpage.

Additional Resources
The Local Code Ordinances webpage on CBSC's website· has a. number of helpful resources including the 2022 edlUon of the Guide for Local Amendments of Buildina Standards, the 2022 California Code Adopllon for Local Jurisdictions video presentation and a hst af a-oc,eptable ordinances that were filed in accordance with state law. This video Js a joint effort with the Cailifomia Bu.ilding Standards Commission, JAS Pacific, .and the International Code Council. We highly recommend review.ing the guide and video after reading this bulletin, as these additiona.i resources provide an in-depth overview of required ordinance filing_s with numerous state agencies and the approvaJ of certain building standards such as amendments to the California Energy Code, Part 6 of Title 24. AddiUonally, please see BSC Information Bulletin 25-01 Announcing 2025 Codes.

Questions or comments regarding the contents of this information bulletin should be directed to CBSC's staff at (916) 263-0916 or via email at [email protected].

Stoyan Bumbalov
Executive Director
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7 DEPARTMENT OF GENERAL SERVICES

BUILDING STANDARDS COMMISSION
2525 Natomas Park Drive, Suite 130
Sacramento, California 95833-2936
(916) 263-0916 FAX (916) 263-0959

GOVERNOR GAVIN NEWSOM

CALIFORNIA BUILDING STANDARDS COMMISSION
INFORMATION BULLETIN 25-03
DATE:

TO:

SUBJECT:

September 22, 2025

LOCAL BUILDING DEPARTMENTS

STATE AGENCIES AND DEPARTMENTS

CBSC INTERESTED PARTIES
AB 130 (Chapter 22, Statutes of 2025) and Impact on Process for Local Amendments to Title 24, California Building Standards Code
The purpose of this information bulletin is to alert local building departments, state agencies and departments, and interested parties of new requirements in the California Health & Safety Code (HSC) relating to changes in laws governing the Title 24 building standard local amendment process.

Background
Budget traHer bill AB 130 (ChaQter 22, Statutes of 2025, see Sections 29-31 and 37-42 of the bill) became effective June 30, 2025, and enacted a moratorium on state and local building standards affecting residential units beginning October 1, 2025, and ending June 1, 2031. This bulletin seeks to provide local agencies guidance on these new laws now in effect.

Residential Units Not Defined
The scope of the moratorium on residential building standards enacted by AB 130 encompasses "residential units," which is currently not defined in statute and regulation.

As such, the commission interprets this to mean all Residential Group R occupancies, as listed in Section 310 of the California Building Code (Part 2 of Title 24 ), as well as detached one- and two-family dwellings and townhouses, as listed in the California Residential Code (Part 2.5 of Title 24 ). Specifically, the residential Group R occupancies listed in Section 310 of the CBC would include Residential Groups R-1, R-2, R-2.1, R2.2, R-3, R-3.1, and R-4.

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6-year Moratorium on Local Amendments Affecting Residential Units AB 130 amends Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 relative to local amendments to Title 24, and prohibits cities and counties from making changes that are applicable to residential units, unless one of the following conditions is met:
(1) The changes or modifications are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of September 30, 2025.

The commission interprets this to mean a local amendment applicable to residential units being carried forward from a previously filed ordinance (i.e., an ordinance amending the 2022 edition of Title 24) with no material change in regulatory effect to the existing standards.
(2) The commission deems those changes or modifications necessary as emergency standards to protect health and safety.

The commission interprets this to mean a local ordinance that has been adopted on an emergency and/or urgency basis in order to protect the health and safety of the regulated community, and necessitates an emergency/urgency finding or justification be included with the ordinance along with other findings required by state law. (3) The changes or modifications relate to home hardening.

The term "home hardening" is not defined in statute or regulation. As such, the commission interprets this to mean local amendments to the California Wild/and-Urban Interface Code (Part 7 of Title 24). For local amendments that pertain to home hardening outside of Part 7, the commission may review in consultation with the Office of the State Fire Marshal.
(4) The building standards relate to home hardening and are proposed for adoption by a fire protection district pursuant to Section 13869.7.

As a reminder, local amendments made by fire protection districts are required to be filed with the Department of Housing and Community Development (HCD), not the California Building Standards Commission. If such ordinances are submitted to the commission, they will be referred to HCD for consideration. (5) The changes or modifications are necessary to implement a local code amendment that is adopted to align with a general plan approved on or before June 10, 2025, and that permits mixed-fuel residential construction consistent with federal law while also incentivizing all-electric construction as part of an adopted greenhouse gas emissions reduction strategy.

The commission strongly recommends local agencies include the following information in their filed ordinance:

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1. Clearly identify the adopted greenhouse gas reduction strategy and general plan approved on or before June 10, 2025, and

2. Clearly explain how the ordinance incentivizes all-electric construction and complies with federal law in permitting mixed-fuel residential construction.

The commission, in determining that a modification or change meets any of the criteria contained in paragraphs (1) through (5) above, may rely on a statement by the local agency to that effect.

The commission strongly recommends local agencies include a statement that cites the specific exception(s) from AB 130 that authorize all code changes affecting residential units contained within the filed ordinance. The commission will review this statement, along with reviewing the details of each local ordinance submitted to ensure compliance with these new laws.

Local Administrative Standards
The definition of "Building Standard" in Health and Safety Code Section 18909 includes the following statement relative to administrative standards:

Health and Safety Code Section 18909(c) "Building standard" includes a regulation or rule relating to the implementation or enforcement of a building standard not otherwise governed by statute, but does not include the adoption of procedural ordinances by a city or other public agency relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations."
While the definition of "Building Standard" does not include specified administrative provisions, AB 130 authorizes changes or modifications related to administrative practices that are proposed for adoption during the intervening period pursuant to Section 18942, and exclusively result in any of the following:
(A) Reductions in time for a local agency to issue a postentitlement permit. (B) Alterations to a local agency's postentitlement fee schedule. (C) Modernization of, or adoption of, new permitting platforms and software utilized by the local agency.
(D) Reductions in cost of internal operation for a local agency. (E) Establishment, alteration, or removal of local programs related to enforcement of building code violations or complaints alleging building code violations.

These administrative changes or modifications made may be filed with the commission and shall be reviewed by the commission, in consultation with the Department of Housing and Community Development, within 60 days of receipt, if requested by the local agency.

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The commission interprets this to mean that a local jurisdiction is not required to include these or other administrative provisions which are not building standards within their ordinance, but they may if they choose. However, the commission and department will only review the administrative provisions specified in paragraphs (A) through (E) above if formally requested by the local agency, and requires the local agency to include this formal request in the cover letter or transmission email included with the ordinance filing.

Model Home Design Exception
AB 130 also amended Health and Safety Code 18938.5 relative to model home designs. Notwithstanding other laws, AB 130 authorizes that "the state and local building standards in effect at the time an application for a building permit is submitted, for a residential dwelling based on a model home design approved under those standards, shall apply to all future residential dwellings based on that approved model home design in the same jurisdiction, unless the model home design substantially changes at a later date or 10 years have passed since the building permit for the model home design was approved by the jurisdiction, whichever comes first." The commission notes this new provision does not directly affect the programs, policies and laws under its purview (e.g., review/processing of state and local amendments, administration of the building standard code adoption process, codification and publication of Title 24, etc.). Therefore, the commission is unable to provide guidance on this statute and recommends local jurisdictions consult with their legal counsel and/or relevant industry associations.

Next Steps
In most cases, the commission cannot interpret statute on behalf of local authorities having jurisdiction. Due to the breadth and scope of AB 130 and its impact on the Title 24 local amendment process, the commission's goal is to provide uniform guidance to local jurisdictions and the regulated community and will continue to do so in the months ahead. Once again, the commission recommends that local jurisdictions consult with their legal counsel when implementing these new laws.

If you have any questions concerning this matter, please contact our office at (916) 263-0916 or email your inquiry to [email protected].

Stoyan Bumbalov
Executive Director

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STAFF REPORT
AGENDA ITEM: Public Hearing – First Reading of Zoning Text Amendment No. 2025- 01 – An Ordinance to update the Livingston Municipal Code (LMC) to update various housing development standards related to definitions, off-street parking, Site Plan and Design Review, density bonuses, Use Permits, ministerial approvals, emergency shelters, single room occupancy, and residential and commercial uses zoning matrix.

MEETING DATE: March 3, 2026
PREPARED BY: Jailah Smith, Contract City Planner
REVIEWED BY: Jose Ramirez, City Manager
RECOMMENDATION:

Adopt Ordinance No. XX, approving Zoning Ordinance Text Amendment No. 2025-01, to amend the Livingston Municipal Code (LMC) to update LMC Title 5, Chapter 2, Section 5-2-2 Residential, Chapter 2, Section 5-2-3: Commercial, Chapter 3, Section 5-3-15: Land Use Regulations (Zoning Matrix), Chapter 3, Section 5-3-16: Lot Development Standards, Chapter 4, Section 5-4-5: OffStreet Parking and Loading, Chapter 5: Specific Use Regulations, Chapter 5, Section 5-5-1:

Density Bonuses, Chapter 6: Administration, Chapter 6, Section 5-6-1: Powers and Duties, Chapter 6, Section 5-6-7: Site Plan and Design Review, Chapter 6, Section 5-6-9: Use Permit, Temporary and Conditional, and Chapter 7, Section 5-7-2: Definitions of Words and Phrases.

BACKGROUND AND DISCUSSION:

The proposed Zoning Ordinance Text Amendment, hereinafter referred to as the “proposed amendment” is a staff-initiated proposal to modify the LMC to update housing development and standards, including definitions, off-street parking, Site Plan and Design Review, density bonuses, Use Permits, ministerial and by-right approvals, emergency shelters, single room occupancy, and residential and commercial uses zoning matrix.

The amendments include the following components:
• Amend Section 5-2-2: Residential to add definitions for the terms “Supportive Housing” and “Single Room Occupancy” and revise the definition for “Farm Labor Housing”. • Amend Section 5-2-3: Commercial to add a definition for the term “Low Barrier Navigation Centers” and revise the definition for “Emergency Shelters” and “Licensed Community Care Facilities”.
• Amend Section 5-3-15: Land Use Regulations (Zoning Matrix) to add “Transitional Housing” and “Supportive Housing” as permitted uses in R-E, R-1, R-2, R-3, C-1, DTC,

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C-2, C-3, M-1, and M-2, add “Single Room Occupancy” as a permitted use in R-2, R-3, DTC, C-2, and C-3 Zoning Districts, and add “Low Barrier Navigation Centers” as a permitted use in C-1 and DTC Zoning Districts. Amend the “Multiple-Family Apartment Dwellings” use to be permitted in R-2 and DTC Zoning Districts, amend the “Emergency Shelter” use to be permitted in R-1, R-2, R-3, and C-1 Zoning Districts and amend the “Licensed Community Care Facility” use to be permitted in R-1, R-2, R-3, C-1, and DTC Zoning Districts.
• Amend Section 5-3-16: Lot Development Standards to amend the maximum site coverage for the R-3 Zoning District.
• Amend Section 5-4-5: Off-Street Parking and Loading to add parking standards for senior housing, single room occupancy, supportive housing, and emergency shelters.

Amend the parking standards for mobilehomes.
• Amend Section 5-5-1: Density Bonuses to add eligibility for housing developments that are for transitional foster youth, disabled veterans, homeless persons, and lower income households. Clarify requirements for land donations.
• Amend Section 5-5-4: Multi-Family Residential Development to remove the Site Plan and Design Review requirement for multi-family developments. • Amend Chapter 5: Specific Use Regulations to add Section 5-5-16: Emergency and Low Barrier Shelters to establish development standards for emergency shelters and low barrier navigation centers.
• Amend Chapter 5: Specific Use Regulations to add Section 5-5-17: Single Room Occupancy to establish development standards for single room occupancy units. • Amend Section 5-6-1: Powers and Duties to clarify the Planning Commission role in the Site Plan and Design Review process.
• Amend Section 5-6-7: Site Plan and Design Review to clarify the Planning Commission role in the Site Plan and Design Review process and to exclude multi-family developments from the site plan review process.
• Amend Section 5-6-9: Use Permit, Temporary and Conditional to add objective standards for proposed use permits.
• Amend Chapter 6: Administration to add Section 5-6-13: Streamlined Ministerial Approvals for Housing Development to establish procedures for ministerial approvals. • Amend Chapter 6: Administration to add Section 5-6-14: By-Right Approval to establish procedures for by-right approvals.
• Amend Section 5-7-2: Definitions of Words and Phrases to add definitions for “Affordable Housing Cost”, “Affordable Rent”, “Area Medium Income”, “Bridge Housing”, “Community Crisis Home”, “Concession/Incentive”, “Enhanced Behavioral Home”, “Foster Family Home”, “Small Family Home”, “Group Home”, Housing First”, “Infill Site”, “Low Income Households”, “Moderate Income Households”, “Private Alternative Boarding School”, “Private Alternative Outdoor Program”, “Recuperative Care”, “Residential Care Facilities”, “Respite Care”, “Senior Housing”, “Short-Term Residential Therapeutic Program”, “Streamlined Ministerial Approval”, “Transitional Shelter Care Facility”, “Transitional Youth”, and “Very Low Income Households”.

ANALYSIS:

The proposed amendments will modify the following Chapters and Sections of the LMC:

Chapter 2, Section 5-2-2: Residential
The proposed amendments would add two (2) new definitions to the LMC:

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Supportive Housing: Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

Single Room Occupancy: One room dwelling units that are occupied by no more than two persons, and where the living and sleeping spaces are combined. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared.

Chapter 2, Section 5-2-3: Commercial
The proposed amendments would add one (1) new definitions to the LMC:

Low Barrier Navigation Centers: Housing First, low-barrier, service-enriched shelter focused on transitioning people into permanent housing that provides temporary living facilities, as further defined in Cal. Gov. Code 65660.

Chapter 3, Section 5-3-15: Land Use Regulations (Zoning Matrix) The proposed amendment would modify the Zoning Matrix for Residential Uses by:
1) Permitting the use “Multiple-Family/Apartment Dwelling” in the R-2 (Medium Density Residential) and DTC (Downtown Commercial) Zoning District; 2) Adding “Transitional Housing” to the Zoning Matrix and permit the use in the R-E (Estate Residential), R-1 (Low Density Residential), R-2 (Medium Density Residential), R-3 (High Density Residential), C-1 (Neighborhood Commercial), DTC (Downtown Commercial), C2 (Community Commercial), C-3 (Highway Service Commercial), M-1 (Limited Industrial), and M-2 (General Industrial) Zoning Districts;
3) Adding “Supportive Housing” to the Zoning Matrix and permit the use in the R-E (Estate Residential), R-1 (Low Density Residential), R-2 (Medium Density Residential), R-3 (High Density Residential), C-1 (Neighborhood Commercial), DTC (Downtown Commercial), C2 (Community Commercial), C-3 (Highway Service Commercial), M-1 (Limited Industrial), and M-2 (General Industrial) Zoning Districts; and
4) Adding “Single Room Occupancy” to the Zoning Matrix and permit the use in the R-E (Estate Residential), R-1 (Low Density Residential), R-2 (Medium Density Residential), R3 (High Density Residential), C-1 (Neighborhood Commercial), and DTC (Downtown Commercial) Zoning Districts.

The proposed amendment would modify the Zoning Matrix for Commercial Uses by:
1) Permitting the use “Emergency Shelters” in the R-1 (Low Density Residential), R-2 (Medium Density Residential), R-3 (High Density Residential), and C-1 (Neighborhood Commercial) Zoning District;
2) Permitting the use “Licensed Community Care Facilities” in the R-1 (Low Density Residential), R-2 (Medium Density Residential), R-3 (High Density Residential), C-1 (Neighborhood Commercial) and DTC (Downtown Commercial) Zoning District; 3) Adding “Low Barrier Navigation Centers” to the Zoning Matrix and permit the use in the CPage 116 of 290 1 (Neighborhood Commercial) and DTC (Downtown Commercial) Zoning Districts; and 4) Adding “Single Room Occupancy” to the Zoning Matrix and permit the use in the R-2 (Medium Density Residential), R-3 (High Density Residential), DTC (Downtown Commercial), C-2 (Community Commercial), and C-3 (Highway Service Commercial) Zoning Districts.

Chapter 3, Section 5-3-16: Lot Development Standards
The proposed amendments to Table 6: Development Standards are as follows:

Zone Maximum Site
Coverage (%)
Maximum
Structure Height
(In Feet)
Maximum
Accessory
Structure Height,
Detached (In
Feet)
Maximum Floor
Area Ratio
(FAR)
R-E N/A 30 15 N/A
R-1 0.55 30 15 0.60
R-2 0.40 30 15 0.50
R-3 0.40 0.60 40 15 0.50
C-1 N/A 301 15 N/A
DTC N/A 501 20 N/A
C-2 N/A 351 201 0.503
C-3 N/A 351 201 0.503
M- N/A 451 351 0.503
M-2 N/A 551 451 0.503
PD See note 2 See note 2 See note 2 See note 2
Chapter 4, Section 5-4-5: Off-Street Parking and Loading The proposed amendment would modify the parking standards by:
1) Reducing mobilehome parking from 2 spaces to 1 space per unit; 2) Adding “Senior Housing” to the parking standards and requiring 1 parking space per unit; 3) Adding “Single room occupancy” to the parking standards and requiring 1 parking space per unit;
4) Adding “Supportive Housing” to the parking standards and requiring 1 parking space per unit unless within one-half mile of a public transit stop; and 5) Adding “Emergency Shelters” to the parking standards and requiring 1 parking space per employee.

Chapter 5, Section 5-5-1: Density Bonuses
The proposed amendment would modify the Density Bonuses Ordinance by:
• Updating the City’s density bonus program to match current State law. • Adding qualifying categories for transitional foster youth, disabled veterans, and homeless persons.
• Providing additional incentives or concessions for projects with 100% affordable units.

Chapter 5, Section 5-5-4: Multi-Family Residential Development

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The proposed amendment would repeal subsection (B)(10) to remove the Site Plan and Design Review requirement for multi-family developments.

Chapter 5: Specific Use Regulations
The proposed amendments would establish development standards for emergency and low barrier shelters as follows:
• Specifies objective performance standards for occupancy limits, lighting, security, outdoor areas, and management plans.
• Establishes approval for low barrier navigation centers in mixed-use and nonresidential zones allowing multifamily uses.
• Ensures shelters operate compatibly with surrounding neighborhoods while meeting State requirements for low-barrier entry and supportive services.

The proposed amendments would establish development standards for single room occupancy as follows:
• Adds objective design and management standards for permanent, small-unit housing. • Defines minimum unit size (150 sq. ft.), maximum occupancy (2 persons), and requirements for kitchen, bathroom, and laundry facilities. • Requires submittal of a management plan addressing building maintenance, operations, and resident safety.

Chapter 6, Section 5-6-1: Powers and Duties
• Establishes the Planning Commission as the recommending body and City Council as the approving body.

Chapter 6, Section 5-6-7: Site Plan and Design Review
• Clarifies that multiple-family developments are excluded from the site plan and design review.
• Establishes the Planning Commission as the recommending body and City Council as the approving body.

Chapter 6, Section 5-6-9: Use Permit, Temporary and Conditional • Adds measurable criteria based on objective factors: consistency with the General Plan and compliance with CEQA.

Chapter 6: Administration
The proposed amendments would establish procedures for ministerial approvals as follows:
• Adding eligibility criteria for housing developments. • Adding application procedures for ministerial approvals. • Adding clear deadlines for the City to act on ministerial approval applications.

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The proposed amendments would establish procedures for by-right approvals as follows:
• Adding eligibility criteria for housing projects.
• Adding application review procedures for by-right developments, including required findings.

Chapter 7, Section 5-7-2: Definitions of Words and Phrases The proposed amendment would add twenty-five (25) new definitions to the LMC:

Affordable Housing Cost: Has the same meaning as defined in Cal. Health and Safety Code 50052.5, as applicable.

Affordable Rent: Has the same meaning as defined in Cal. Health and Safety Code 50053, as applicable.

Area Medium Income: The area median family income for Merced County, as published annually by the California Department of Housing and Community Development (HCD).

Bridge Housing: Any new or existing facilities that include supportive and self-sufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an abilityto-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons, as further defined in Cal. Gov. Code 8698(e).

Community Crisis Home: An adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, as further defined in Cal. Health and Safety Code 1502(a)(16).

Concession or incentive: A reduction in site development standards or a modification of zoning code or architectural design requirements, such as a reduction in setback or minimum square footage requirements, approval of mixed-use zoning, or other regulatory incentives or concessions which actually result in identifiable and actual cost reductions.

Enhanced Behavioral Home: An adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting, as further defined in Cal. Health and Safety Code 1502(a)(15).

Foster Family Home: Any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed.

The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian.

Small Family Home: Any residential facility, in the licensee’s family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health

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care needs, pursuant to Cal. Welfare and Institutions Code 17710(i). In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.

Group Home: A residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.

Housing First: An evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible, as defined in Cal. Welfare and Institutions Code 8255. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services.

Infill Site: A site that is located within an urbanized area and where at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.

Low income households: Households whose income do not exceed 80 percent of the median family income for the area.

Moderate income households: Households whose income is between 80 percent and 120 percent of the median family income for the area.

Private Alternative Boarding School: A group home licensed to operate a program pursuant to Cal. Health and Safety Code 1502.2 to provide youth with 24-hour residential care and supervision, that, in addition to providing educational services to youth, provides, or holds itself out as providing, behavioral-based services to youth with social, emotional, or behavioral issues. The care and supervision provided by a private alternative boarding school shall be nonmedical, except as otherwise permitted by law.

Private Alternative Outdoor Program: A group home licensed to operate a program pursuant to Cal. Health and Safety Code 1502.21 to provide youth with 24-hour residential care and supervision, that provides, or holds itself out as providing, behavioral-based services in an outdoor living setting to youth with social, emotional, or behavioral issues.

The care and supervision provided by a private alternative outdoor program shall be nonmedical, except as otherwise permitted by law.

Recuperative Care: Programs provide room, board, and medical care coordination in a post-acute care setting for people experiencing homelessness who are too ill or frail to recover from a physical illness or injury on the streets or in shelter, but who are not ill enough to be in a hospital.

Residential Care Facilities: Group care facility, or similar facility, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual, as defined in Cal. Health and Safety Code 1502(a)(1).

Respite Care: 24-hour relief for the parent or guardian and care for the patient. 24-hour inpatient respite care includes, but is not limited to, 24-hour nursing care, meals, socialization, and developmentally appropriate activities. Limited to no more than 30

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intermittent or continuous whole calendar days per patient per calendar year and further defined in Cal. Health and Safety Code 1760.2.

Senior Housing: Housing designed to meet the needs of senior citizens aged 55 years of age or older, as defined in Cal. Civil Code 51.2 and 51.3.

Short-Term Residential Therapeutic Program: A residential facility operated by a public agency or private organization and licensed pursuant to Cal. Health and Safety Code 1562.01 that provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour care and supervision to children that is trauma-informed, as defined in standards and regulations adopted by the Department of Social Services. The care and supervision provided by a short-term residential therapeutic program shall be nonmedical, except as otherwise permitted by law. Private short-term residential therapeutic programs shall be organized and operated on a nonprofit basis. A short-term residential therapeutic program may be operated as a children’s crisis residential program.

Streamlined Ministerial Approval: An approval process that is not discretionary and is not subject to the California Environmental Quality Act (CEQA).

Transitional Shelter Care Facility: Any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

Transitional youth: A person whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth’s 13th birthday and who is no older than 25 years of age, as defined in the cal. Education code 66025.9 Very low income households: Households whose income do not exceed 50 percent of the median family income for the area.

ISSUES
Staff did not identify any issues with the proposed amendments to the Zoning Ordinance.

GENERAL PLAN
Zoning Code Text Amendment proposals are required to be reviewed for conformance with the City’s General Plan. The following discussion evaluates how the project conforms to the City’s current General Plan.

The 1999 Livingston General Plan included the following Land Use Objectives.

A. Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents
The proposed amendments would implement programs identified in the draft Housing Element Update related to zoning consistency, emergency shelters, and supportive housing provisions.

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ENVIRONMENTAL REVIEW:

The proposed amendment is eligible for a Categorical Exemption under the following classification of the California Environmental Quality Act (CEQA) Guidelines: Article 5, Section 15061(b)(3) – Common Sense Exemption, which states that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

The proposed amendments do not change the zoning designation on any individual property and do not affect existing land uses. The amendment will enable the City’s zoning ordinance to be updated in certain development standards, Site Plan and Design Review procedures, definitions, and the zoning matrix.

PLANNING COMMISSION ACTIONS AND RECOMMENDATION:

The Planning Commission held a Public Hearing on January 13, 2026, to consider this Zoning Code Text Amendment. Staff attended the meeting to present the staff-initiated proposal and answer questions from the Commission. There were no questions from members from the public in attendance. At the conclusion of the public comments, the Commission on a vote of 5-0, approved Planning Commission Resolution No. 2026-XX, recommending approval of this Zoning Code Text Amendment to the City Council, subject to findings contained in the Resolution.

PUBLIC NOTICE
A Public Hearing Notice announcing the proposed Zoning Ordinance Text Amendment was published in the newspaper on February 1, 2026. Any public comments received will be provided to the City Council on the Hearing date.

FISCAL IMPACT:

No fiscal impact.

RECOMMENDATION:

Staff and the Planning Commission recommends the City Council adopt Ordinance No. 2026-XX, approving Zoning Ordinance Text Amendment No. 2025-01, to amend the Livingston Municipal Code (LMC) to update housing development and standards, including definitions, off-street parking, Site Plan and Design Review, density bonuses, Use Permits, ministerial approvals, emergency shelters, single room occupancy, and residential and commercial uses zoning matrix.

ATTACHMENTS:

1. Ordinance

2. Planning Commission Resolution

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ORDINANCE NO. 2026-

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING LIVINGSTON MUNICIPAL CODE TITLE 5, CHAPTER 2, CHAPTER 3, CHAPTER 4, CHAPTER 5, CHAPTER 6, AND CHAPTER 7 RELATED TO HOUSING DEVELOPMENT

AND STANDARDS, INCLUDING DEFINITIONS, OFF-STREET PARKING, SITE PLAN AND

DESIGN REVIEW, DENSITY BONUSES, USE PERMITS, MINISTERIAL APPROVALS,

EMERGENCY SHELTERS, SINGLE ROOM OCCUPANCY, AND RESIDENTIAL AND

COMMERCIAL USES ZONING MATRIX
WHEREAS, pursuant to Title 5, Chapter 6, Section 2 (B) 4 of the Livingston Municipal Code (LMC), the City Planner, by the Authority of the City Manager, has prepared text amendments to the language of Title 5, Chapters 2, 3, 4, 5, 6, and 7 of the LMC related to housing development and standards, including but not limited to definitions, off-street parking, Site Plan and Design Review, ministerial approvals, emergency shelters, and residential and commercial uses; and
WHEREAS, the Planning Commission, has reviewed the proposed text amendments at a duly noticed public hearing on January 13, 2026, and has fully considered all comments whether orally or in writing regarding the proposed text amendments and has adopted its Resolution 2026-____, recommending that the City Council amend the LMC, as provided for in this Ordinance; and WHEREAS, the City Council reviewed the proposed text amendments at a duly noticed public hearing on March 3, 2026, and has fully considered all comments whether orally or in writing regarding the proposed text amendments; and
WHEREAS, LMC Section 5-6-2 (A) states that City zoning regulations shall be consistent with the General Plan in accordance with State Government Code Section 65860 and the Planning Commission has determined and the City Council concurs that the proposed text amendments are consistent with the 1999 Livingston General Plan Objective A, “Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents”; and
WHEREAS, the proposed text amendments are exempt from California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines by the “Common Sense Exemption” that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA does ordain as follows:

SECTION 1. Title 5: ZONING REGULATIONS, Chapter 2: USE CLASSIFICATIONS, Section 2:

RESIDENTIAL of the Livingston Municipal Code is revised to read as follows:
(A) Apartment house. A building or portion thereof other than a hotel or motel, designed and/or used to house three or more households, living independently of each other. (B) Daycare, residential. The nonmedical care and supervision of eight or fewer persons on a less than 24-hour a day basis. The use includes childcare operations. (C) Dwelling, duplex (two-family). A building containing exclusively two dwelling units under a common roof, designed and/or used as separate living units.

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(D) Dwelling, multiple-family. A building or portion thereof containing three or more separate dwelling units, including apartments and flats, but excluding, boarding houses, motels, mobilehome parks and hotels.
(E) Dwelling, single-family. A building containing exclusively one dwelling unit that may include one or more habitable rooms designed for living and sleeping purposes. (F) Dwelling unit, accessory. An attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the singlefamily dwelling or multi- family dwelling is or will be situated. An accessory dwelling unit also includes:

1. An efficiency unit; and

2. A manufactured home.
(G) Dwelling unit, junior accessory. A unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate facilities, or may share sanitation facilities within the existing structure. (H) Home occupation. A commercial enterprise that is clearly incidental and secondary to the residential use of a property, and defined herein.
(I) Housing, boarding. A building, other than a hotel, or where meals or lodging or both are provided for compensation.
(J) Housing, farm labor agricultural employee. Premises used for residential purposes for temporary or seasonal periods by six or less unrelated persons employed to perform agricultural labor, pursuant to Cal. Health and Safety Code 17021.8(i). (K) Housing, transitional. Housing containing sleeping, kitchen and bathroom facilities that is used to ease the transition of homeless individuals to independent living. Usually provided with supportive services to assist in finding and keeping permanent housing. (L) Housing, supportive. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. (L M) Mobilehome.

1. In accordance with Cal. Health and Safety Code §§ 18007 and 18008, a MOBILEHOME is a transportable structure, which is built on a permanent chassis and designed as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. The minimum dimensions for a mobilehome structure are eight feet wide, 40 feet long, and a total area of 320 square feet.

2. Consistent with the California Health And Safety Code definitions, mobilehome is included in the definition of manufactured home.
(M N) Mobilehome park. Any area or tract of land where two or more mobilehome sites are rented or held out for rent. The use does not include placement of unoccupied mobilehomes for storage or sales.
(N O) Rooming house. Same as boarding house.
(P) Single room occupancy. One room dwelling units that is occupied by no more than two persons, and where the living and sleeping spaces are combined. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared.

SECTION 2. Title 5: ZONING REGULATIONS, Chapter 2: USE CLASSIFICATIONS, Section 3:

COMMERCIAL of the Livingston Municipal Code is revised to read as follows:

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(A) Agricultural. The cultivation and tillage of soil; the production, irrigation, cultivation (including horticultural), growing, harvesting and processing of any commercial agricultural commodity, including farming, dairying, pasturage, agriculture, husbandry and timber; the lawful application of chemicals including, but not limited to, the application of pesticides, the raising of livestock, fish or poultry, and any practices performed by a farmer and on a farm incidental to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market, and all activities or facilities related thereto.

Such operations may occur during any 24-hour period of the day. (B) Amusement center. A facility providing indoor amusement and entertainment services for an admission fee. Uses may include theme parks, arcades, bingo, bowling alleys, bocce ball, dance halls, laser tag and similar games.
(C) Automobile repair. The repair, rebuilding or reconditioning of engines or transmissions, including the removal of the same; issuance of smog certificates; glass repair; and overall painting.

Use can also include minor repair such as upholstering, detailing, replacement of parts, including batteries, mufflers, brakes, starters, generators, radiators, stereos and the like, adjusting of engines, transmission, electrical systems, air conditioning equipment, brakes and motor service. (D) Bar, cocktail lounge. Establishments, including brewpubs, which are primarily designed, maintained, operated, used or intended to be used for the selling and on site consumption of beer, wine and/or distilled spirits. Food sales may be incidental to the bar use. Live entertainment may also be offered as an incidental use if conducted within a building. (E) Body art establishment. BODY ART ESTABLISHMENT or ESTABLISHMENT means a location, place or business that has been granted a use permit by the city, whether public or private, where the practice of physical body adornment by permitted establishment and practitioners using, but not limited to, the following techniques: body piercing; tattooing; and cosmetic tattooing. This use does not include practices that are considered medical procedures such as implants under the skin scarification, branding, beading or braiding, which are prohibited. (F) Business service. Establishments providing document delivery, mail receiving and boxes, blueprinting, copying, printing, photographic and related services. Use includes parcel delivery sales and service. Use also includes business/office support services, such as janitorial, window cleaning and indoor plant maintenance.
(G) Commercial cannabis activity. See § 5-7-2 of this title for all definitions related to commercial cannabis activity and uses.
(H) Commercial services. Uses include commercial laundry and dry cleaning works; bakery and carpet cleaning plants; production of dairy products; ice dealers; cabinet shops; food lockers; beverage bottling plants. Only very limited manufacturing activities are permitted under this use category.
(I) Daycare center. Commercial or nonprofit daycare facilities designed and approved to accommodate eight or more persons providing nonmedical care for periods of less than 24 hours.

The use includes childcare operations.
(J) Emergency shelter. A building providing temporary shelter for persons in distressed circumstances, including temporary housing for homeless persons. Includes bridge housing, navigation centers, and respite and recuperative care.
(K) Equipment sales, rental and repair. A business establishment engaged in the rental, sale, leasing and/or repair of vehicles, tools and large equipment. Uses include boat and truck sales and

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service. This classification also includes sale of appliances, tools, home improvement merchandise and similar equipment.
(L) Financial institution, bank. An establishment for the custody, loan, exchange or issue of money, extension of credit, and facilitating the transmission of funds, for use by the general public. (M) Horticultural nursery. The retail handling of any article, substance or commodity related to the occupation of gardening, including the sale, both indoor and outdoor, of aboveground plants, shrubs, trees, packaged fertilizers, soils, chemicals, and other nursery goods and related products. (N) Hospital. A building or any portion thereof used or designed for the housing of sick, mentally ill, injured, convalescent or infirm persons; provided, that this definition shall not include rooms in any one-, two- or three-family dwelling, boarding house, hotel or motel not ordinarily intended to be occupied by said persons.
(O) Hotel. A building designed for occupancy for individuals who are lodged, for compensation, with or without meals, in which there are four or more guestrooms, and in which no provision is made for cooking in any individual room or suite. (P) Laboratory, research institute. Facilities for scientific research, investigation and materials testing or experimentation, but not facilities for the manufacture or sale of products. (Q) Licensed community care facility. The rooming and boarding of up to six physically, mentally or developmentally disadvantaged persons for which a license is required by a county, state or federal agency, and which provides resident staff. Such a facility shall not be included in the definition of a boarding house, foster care home, rest home or other similar term which differs in any other way from a single-family dwelling. Any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Includes residential care facilities and other facilities, as further defined in Cal. Health and Safety Code 1500. (R) Low barrier navigation centers. Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities, as further defined in Cal. Gov. Code 65660.
(R S) Mixed use. A project that combines multiple uses in the same structure or on the same project site, including residential, office and commercial uses. (S T) Motel. A building or group of attached or detached buildings containing individual guestrooms where a majority of such room opens individually and directly to the outside, and where a garage is attached or parking space is conveniently located to each unit, for the temporary use by automobile tourists or transients.
(T U) Office, business, professional and medical. An office engaged in management, administrative, consulting or medical, dental or related services. This classification includes accounting, advertising, architectural, chiropractic, dental and doctors offices, medical laboratories, commercial technical schools, computer software development and data processing, construction, engineering, environmental analysis, insurance, law, real estate, secretarial, social work, and tree and landscaping services.
(U V) Outdoor sales. Any retail business whose sales are conducted primarily outside of an enclosed building. The use may include general contractors yards and equipment sales. (V W) Recreation. Recreation and amusement uses and facilities compatible with surrounding uses, other than those classified under public parks, and which are conducted indoors or outdoors.

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Typical uses include bowling alleys, health clubs, ice and roller skating rinks, movie theaters, poolrooms, video arcades and dance halls, private golf courses and golf driving ranges, and swimming and tennis clubs.
(W X) Recreational vehicle site/trailer court. Any facility on which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for vacationers, campers, recreationalists and travelers.

Includes a trailer court which is designed to be used for the temporary accommodation or parking of auto trailers, trailer coaches or mobilehomes, for compensation or profit. (X Y) Residence, manager/owner. Permanent or temporary housing on a nonresidential property that is secondary or accessory to the primary use of the property. Such housing is used for managers or owners living on the site where a caretaker is needed for security or to provide 24 hour care or monitoring of facilities, equipment or other conditions on the site. (Z) Rest home. Services oriented toward the healing, recovery, care or support of seven or more sick, injured or terminally ill people. Use shall include assisted living residential projects involving seven or more units.
(Y AA) Restaurant. A use providing preparation and primarily on site consumption of food and beverages, including cafés, coffee shops, delicatessens, ice cream parlors and similar uses, and may include the incidental service of alcoholic beverages for consumption on the premises.

Outdoor dining/seating is also included in this classification. (Z BB) Restaurant, drive-in. A restaurant which serves food and drinks from a pass-through opening to customers in their vehicles or delivery of food to a diner remaining in their vehicle. (AA CC) Retail sales. The retail sale or rental of merchandise. Typical of this classification is a business engaged in the sale of items. Uses include bookstores, rental libraries, stationery stores, newsstands, art and antique shops, variety and hardware stores, department and clothing stores, furniture dealers, pet shops, pawnshops and secondhand stores, groceries, supermarkets, dairies, bakeries and drugstores.
(BB DD) Service station/gas. Any building, structure, premises or other place used primarily for the retail sale and dispensation of motor fuels, lubricants and motor vehicle accessories, and the rendering of minor services and/or repairs to such vehicles, but not including painting or body and fender repair. May be combined with retail sales and similar operations. (CC EE) Smoke shop and/or smoking lounge.

1. A location, place or business, store, stand or booth that has been granted a conditional use permit by the city and devotes 30% or more of its display area to tobacco products, or to the display and sale of tobacco, electronic smoking devices or drug paraphernalia to purchasers for consumption or use. For the purposes of this use, the definition of TOBACCO PRODUCTS means any substance that contains tobacco or is derived from tobacco, and any and all electronic smoking devices. ELECTRONIC SMOKING DEVICE means an electronic and/or battery operated device that can be used to deliver an inhaled dose of vapors including nicotine and/or other substances.

2. For purposes of this use SMOKING LOUNGE means a business establishment that is dedicated, in whole or in part, to the smoking of tobacco or other substances, including, but not limited to, establishments known variously as cigar lounges, hookah cafés, tobacco clubs, tobacco bars and the like (collectively referred to as SMOKING LOUNGE(S)). (DD FF) Vehicle sales. The sales, storage and repair of automobiles, trucks, motorcycles, allterrain vehicles, boats, recreational vehicles and similar motor vehicles. This use is intended to occur in an auto mall setting, which may include a series of individual dealerships. Use includes

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outside storage of vehicles, vehicle washing, and any interior vehicle repair operations. Auto body repairing and similar operations are not included in this use category.

SECTION 3. Table 2 “RESIDENTIAL USES” of Title 5: ZONING REGULATIONS, Chapter 3:

DISTRICT REGULATIONS, Section 15: LAND USE REGULATIONS (ZONING MATRIX) of the Livingston Municipal Code is revised to read as follows:

R-E R1 R29
7 R39
7 C19
7 DTC9
7 C29
7 C39
7 M19 7M29 7PF P/OS
Residential uses:

Daycare, residential P P P
Dwelling: duplex C1 P
Dwelling: multiplefamily/apartment
C2
P
P3 C P
Dwelling unit: accessory P P P P P
Dwelling unit: junior
accessory5 3
P P
Dwelling: single-family P P C
Home occupation P P P C
Housing, boarding C C C
Housing, farm labor
agricultural employee6 4

P P P P P
Housing, transitional P P P P P P P P P P
Housing, supportive P P P P P P P P P P
Mobilehome P4 2 P4
2 Mobilehome park C C
Personal cannabis
cultivation8 6

P P P P P P P P P P P P
Public uses,
schools/parks/playgrounds7 5

P P P P C C P P
Shipping container
accessory structure

C C C C C C C C C C C C
Single-room occupancy P P P P P
Notes:

1. General plan provisions for low density residential allow for innovative designs, which utilize clustering, duplexes or halfplexes on corner lots, zero lot line or planned development features, in the R-1 Zone

2. Multi-family or group dwellings are permitted in R-2 Districts on corner lots, subject to a conditional use permit, provided that in no case shall any dwelling contain more than 4 living units; multi-family dwellings in the R-2 District shall meet development standards of § 5-3-16 of this chapter

3. Projects in excess of 25 units or with a density in excess of 24 units per gross acre on R-3 lots require a conditional use permit
4 2. See § 5-5-3-1 of this title for mobilehomes on private lots

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5 3. See § 5-5-6 of this title for accessory dwelling unit provisions 6 4. Farm labor Agricultural employee housing that serves 6 or fewer persons shall be treated as a single-family unit and is permitted by right in all R-E, R-1, R-2, R-3 and DTC Districts 7 5. Joint use of school multipurpose facilities and open space is encouraged 8 6. See § 5-5-15 of this title for personal cannabis cultivation use provisions; this use is only allowed inside a private residence by individuals 21 years of age and older or at least 18 years of age and either a qualified patient or a primary caregiver according to regulations 9 7. Site plan/design review is required for all uses involving new construction, significant exterior alterations to existing structures or significant site plan alterations in the R-2, R-3, C-1, DTC, C-2, C-3, M1 and M-2 Zones, excluding multiple-family/apartment dwellings

10. Transitional and supportive housing are permitted in all zones subject to normal requirements and restrictions; see Chapter 7, Definitions, of this title SECTION 4. Table 3 “COMMERCIAL USES” of Title 5: ZONING REGULATIONS, Chapter 3:

DISTRICT REGULATIONS, Section 15: LAND USE REGULATIONS (ZONING MATRIX) of the Livingston Municipal Code is revised to read as follows:

RER1R29R39C19DTC9 C29C39M19M29PFP/OS
Commercial uses:

Agricultural C
Amusement center C C
Automobile repair P P P P
Bar, cocktail lounge C C5 C C
Body art establishment C
Business service P P P P
Commercial cannabis
activity/uses:

Cannabis dispensary/retail
activity with or without
storefront11
Commercial cannabis
cultivation - indoor11
C C
Commercial cannabis
cultivation - mixed light
(enclosed)11
C C
Commercial cannabis
cultivation - outdoor11
Commercial cannabis
distribution11
C C
Commercial cannabis
manufacturing
(volatile/nonvolatile)11
C C

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Commercial cannabis
-
microbusiness (no retail; no
outdoor cultivation)11
CC
Commercial cannabis nursery -
indoor or mixed
light/greenhouse11
CC
Commercial cannabis testing11CCC
Medical cannabis delivery only
(originating from outside the
City)11

CCCCCCCCCCCC
Nonmedical cannabis delivery
only11
Commercial servicesPPPPPP
Cultivation
8 CCCCCCCCCCCC
Daycare centerCCCC
Emergency shelter
PP
CPPPP
Equipment sales, rental, repairPPP
Financial institution, bankPPPP
Horticultural nurseryPP
HospitalC
Hotels, motelsCCP
Laboratory, research institutePPP
Licensed community care
facility
1 P
6 P
6 CPPCP
Low barrier navigation centerPP
Mixed use
2 CC
Office, professional/business
and medical
PPPC
7 Outdoor salesPPPP
Public utility building/substationCCCCCCP
RecreationCCCCCC
Recreational vehicle site/trailer
court
CC
Residence/manager/owner
3 CCCCCC
Rest homeCC
Restaurant/cafePPPP
Restaurant, drive-inCC
Retail and professional servicesPPPPP
Retail salesPPPP
Service stations, gasolineCCC

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Shipping container accessory
structure

C C C C C C C C C C C C
Smoke shop/smoking lounge10 C C
Storage P P
Vehicle sales4 C C
Notes:

1. The adopted housing element allows facilities serving 7 or more persons in single-family R-1 Zones, subject to a conditional use permit
2 1. Mixed-use development is permitted in DTC and C-1 Zones, subject to securing a conditional use permit, and shall encourage projects that contain affordable housing units; development standards in these districts shall allow for a maximum density of 29 du/ac for residential units above ground floor commercial 3 2. Residential uses limited to a manager or the owner of the establishment shall be permitted on the premises; such uses shall require a use permit and the yard requirements, density and other matters relative to yard and area shall be subject to the Planning Commission’s approval and shall not be less than those normally required for residential uses
4 3. Vehicle sales shall refer to an established vehicle sales (“VEH”) Overlay District as per § 5-3-14 of this chapter
5 4. All retail establishments serving alcoholic beverages for consumption on premises within the Downtown Commercial District (“DTC”) shall be located no closer than 2 city blocks between similar establishments; 2 city blocks for purposes of this title, shall consist of 1,000 feet measured in all directions from an existing retail establishment serving alcoholic beverages for consumption on the premises

6. A conditional use permit shall be required for care facilities serving 7 to 14 persons in residential districts; facilities serving 15 or more persons shall not be permitted at all in single-family residential districts
7 5. May be permitted with a use permit as part of mixed-use operations 8 6. See § 5-5-12 of this title for cultivation use provisions; “cultivation” as a stand-alone use does not include cannabis cultivation, which is addressed in §§ 5-5-14 and 5-5-15 of this title 9 7. Site plan/design review is required for all uses involving new construction, significant exterior alterations to existing structures, or significant site plan alterations in the R-2, R-3, C-1, DTC, C-2, C-3, M1 and M-2 Zones, excluding multiple-family/apartment dwellings 10 8. See § 5-5-13 of this title for smoke shop and/or smoking lounge use provisions 11 9. See § 5-5-14 of this title for the regulations on commercial cannabis activity SECTION 5. Table 6 “DEVELOPMENT STANDARDS” of Title 5: ZONING REGULATIONS, Chapter 3: DISTRICT REGULATIONS, Section 16: LOT DEVELOPMENT STANDARDS of the Livingston Municipal Code is revised to read as follows:

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C-3 N/A 351 201 0.503
M- N/A 451 351 0.503
M-2 N/A 551 451 0.503
PD See note 2 See note 2 See note 2 See note 2
Notes:

1. An additional 10 feet in height may be permitted with site plan/design review approval

2. As determined by PD Overlay permit

3. An additional 0.10 FAR may be permitted with site plan/design review approval and determination of traffic and circulation impacts
SECTION 6. “OFF-STREET PARKING REQUIREMENTS” of Title 5: ZONING REGULATIONS, Chapter 4: GENERAL SITE DEVELOPMENT REGULATIONS, Section 5: OFF-STREET PARKING AND LOADING of the Livingston Municipal Code is revised to read as follows:

Residential land uses
Boarding houses At least 1 garage, carport or off-street space for each 2 occupants of a boarding house
Home occupations At least 1 off-street parking space
Mobilehomes 2 1 parking spaces for each mobilehome unit Multi-family dwellings At least 2 garage, carport or off-street parking spaces for each dwelling unit in multiplefamily projects consisting of 3 to 6 units At least 1 garage, carport or off-street parking
space for each dwelling unit in multiplefamily projects consisting of 7 or more units; the Planning Commission may require the
provision of visitor parking in addition to the
required parking for multiple-family projects
of 7 or more units, based on a finding of need
due to factors such as available on street
parking, distance of units to the street, and the
type and size of the units; such visitor parking
shall be marked and will be provided at a
minimum of 1 space per each 10 units
Residential care facilities 1 parking space for each 1 employee Rest homes At least 1 parking space for each 3 beds in
any rest home
Second unit dwellings 1 off-street parking space for each bedroom in unit
Senior housing 1 parking space per unit
Single-family and two-family dwellings At least 2 garage, carport or off-street (driveway) parking spaces for each dwelling
unit on the same lot
Single room occupancy 1 parking space per unit

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Supportive housing 1 parking space per unit unless located within one-half mile of a public transit
stop, pursuant to Cal. Gov. Code 65654
Public and quasi-public land uses
Cemeteries As per use permit
Churches At least 1 parking space for every 5 seats for all churches (18 in. of bench = 1 seat)
Communication facility 1 parking space for each 500 sq. ft. of gross floor area
Community center At least 1 parking space for each 100 sq. ft. of floor area of any community center or related
public use facility
Daycare center 1 parking space for each 1 employee, plus 1 space for each 4 clients
Government offices 1 parking space for each 300 sq. ft. of floor area
Libraries 1 parking space for each 300 sq. ft. of floor area
Lodges, for social halls, union halls and
private clubs
1 parking space for every 50 sq. ft. of gross
floor area
Parks For active recreational areas over 5 acres in
size, at least 5% of the total area shall be
provided for off-street parking facilities
Public buildings At least 1 parking space for every 3
employees in public buildings and public
utility buildings and substations
Schools At least 1 parking space for each employee in
schools; in addition, 1 parking space for each
3 seats in the main auditorium or assembly
hall in intermediate schools; and 1 parking
space for every 7 students in senior high
schools
Commercial recreational land uses
Amusement center 1 space for every 200 sq. ft. of floor area, plus 1 space for each employee
Bowling alleys 4 parking spaces for each lane
Golf courses At least 10 off-street parking spaces for each hole on a golf course
Overnight recreation vehicle parks 1 parking space for each rental unit Skating rinks 1 parking space for every 100 sq. ft. of
skating area
Swimming pools 1 parking space for each 100 sq. ft. of pool deck area
Tennis courts 2 parking spaces for each court
Commercial and industrial land uses

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Beauty shops and barbershops 1 parking space for each 300 sq. ft. of floor area for all personal retail services
Commercial, light industrial use 2 parking spaces per use, plus 1 space per 750 sq. ft. of gross floor area
Drive-ins A minimum of 15 parking spaces
Drive-through facilities To be considered on an individual basis, based on number of employees and size of
facility; shall include provisions for drive-up
queue out of driveway circulation areas
Emergency shelters1 1 parking space per 5 beds; plus 1 space per manager
1 parking space per 4 beds for bicycle
parking
1 reserved passenger van parking space
Gas stations 1 parking space for each employee; areas
devoted to retail or food sales shall be
determined separately
Health/fitness facilities 1 parking space for each 300 sq. ft. of floor area
Hotel At least 1 off-street parking space for each
room of a hotel
Industrial uses 1 off-street parking space for each 1
employee, or 1 space for each 250 sq. ft. of
office area; plus, 1 space for each 1,000 sq. ft.
of building area devoted to other than office,
and 1 space for each company vehicle
Laboratory research 1 parking space for each 500 sq. ft. of gross floor area
Laundries and dry cleaning 1 parking space for each 300 sq. ft. of floor area
Medical and dental office 1 parking space for each 200 sq. ft. of gross floor area, plus 1 additional space for each
employee or staff member
Motel At least 1 off-street parking space for each
sleeping or dwelling unit of a motel
Motor vehicle, machinery and garage
repairs
1 parking space for each 400 sq. ft. of floor
area and 1 for each vehicle used in conduct of
the business; as for outdoor motor vehicle or
machinery sales lots, 3 parking spaces, plus 1
for each employee for each lot
Professional office for banks, law firms,
repair stores and the like (except for medical
and dental offices)
At least 1 parking space for every 300 sq. ft.
of a business or professional office, plus 1
additional space for each employee or staff
member
Recycling collection center 2 parking spaces per collection area

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Restaurants, cafés and bars 1 parking space for each 50 sq. ft. of dining, indoor/outdoor seating, waiting and lounge
areas
Retail commercial 1 parking space for each 300 sq. ft. of gross floor area for retail sales
Salvage yards 1 space for each 2 employees, plus 1 space for each 10,000 sq. ft. of lot area, or 2 spaces for
each 100 sq. ft. of floor area, whichever is the
greater
Service repair stations 4 parking spaces per station, plus 1 space per 300 sq. ft. of floor area
Theaters, auditoriums and sports arenas 1 parking space for every 5 seats (18 in. of bench = 1 seat)
Veterinary services/kennel 1 parking space for each 400 sq. ft. of gross floor area
Wholesale 1 parking space for every 1 employee or 1
parking space for every 2,000 sq. ft. of gross
floor area
Notes:

1. Parking requirements can be adjusted by the Community Development Director when within a half mile of a public transit stop
SECTION 7. Title 5: ZONING REGULATIONS, Chapter 5: SPECIFIC USE REGULATIONS, Section 1: DENSITY BONUSES of the Livingston Municipal Code is revised to read as follows:
(A) Incentives Purpose and Intent. It is the purpose of this section to provide incentives for the production of housing or for the donation of land for housing for very low income, or affordable households in accordance with Cal. Gov’t Code §§ 65915 and 65917. It is the intent of the city to facilitate the development of low and moderate income housing, including senior housing and special needs populations, and to implement the goals and policies of the city’s housing element. (B) Eligibility. In order to be eligible for a density bonus and other incentives as provided by this section, a proposed residential development shall consist of five or more dwelling units including mixed-use developments and can be designed and constructed so that at least:

1. Ten percent of the total units of a housing development are for low income households;

2. Five percent of the total units of a housing development are for very low income households;

3. The total number of dwelling units of a housing development are for qualifying residents, such as a senior citizen housing development or age-restricted mobilehome parks; or

4. Ten percent of the total dwelling units in a condominium project for persons and families of moderate income. ;

5. Ten percent of the total units of a housing development are for transitional foster youth, disabled veterans, and homeless persons; or

6. 100 percent of the total units of a housing development are for lower income households. Up to 20 percent of the total units may be for moderate income. (C) Qualifying project. A qualifying project shall be allowed a minimum 20% increase, with a maximum 35% increase, in the maximum number of dwelling units allowed by the zoning district

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and general plan land use designation applicable to the lot(s) as of the date of the permit application. A single development project shall not be granted more than three density bonuses. (D) Land donation. A developer may donate land for very low income housing that is sufficient to provide at least 10%, and up to 35%, of the units in the development for very low income households. For a 10% land donation, a developer receives a 15% density bonus above the maximum allowable density for the entire development. The donated land shall be at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. The land shall be within the boundary of the proposed development or within one-quarter mile of the boundary, if in agreement with the City.
(E) Agreement.

1. Pursuant to Cal. Gov’t Code § 65915(b), if a developer seeks and agrees to construct at least 10% of the total units for lower income households, at least 5% of the total units for very low income households, a senior citizen housing development, or at least 10% of the total units in a condominium project for persons and families of moderate income, at least 10% of the total units for transitional foster youth, disabled veterans, and homeless persons or 100% of the total units for lower income households, the developer is entitled to one density bonus and at least one additional concession or incentive.

2. The developer shall receive two incentives or concessions for projects that include at least 20% 17% of the total units for lower income households, at least 10% for very low income households, or at least 20% for persons and families of moderate income in a condominium or planned development.

3. The developer shall receive three incentives or concessions for projects that include at least 30% 24% of the total units for lower income households, at least 15% for very low income households, or at least 30% for persons and families of moderate income in a condominium or planned development.

4. The developer shall receive four incentives or concessions for projects that include at least 16% of the total units for very low income households or at least 45% for persons and families of moderate income in a condominium.

5. The developer shall receive five incentives or concessions for projects that include at least 100% of the total units for lower income households.

4. 6. The City Council shall approve one or more of these incentives, listed below, unless it makes a written finding that the additional concession or incentive is not required in order for the sales price or rent for the targeted dwelling units to be set in compliance with state law (Cal Gov’t Code § 65915(c)):
(a) A reduction in the site development and/or design standards of this title (e.g., reduction in setback or parking requirements, or an increase in building coverage requirements); (b) Approval of mixed use development in conjunction with the housing project if the nonresidential land uses will reduce the cost of the housing project, and the nonresidential land uses are compatible with the housing project and surrounding development; and (c) Other regulatory incentives or concessions proposed by the developer or the city that will result in identifiable cost reductions.
(F) Location of units. The location of density bonus units within the qualifying project may be at the discretion of the developer. However, the inclusionary units shall be reasonably dispersed

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throughout the development (where feasible), shall contain on average the same number of bedrooms as the noninclusionary units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials and quality finish. (G) Project management plan. Prior to issuance of any building permit for the project, a project management plan, in the form of a written contract, shall be executed by and between the applicant/developer, housing agency and city. The contract shall be a recorded document approved by the City Council as to form and content, and shall set forth sales, resales and rental restrictions to ensure that designated units remain available as low and moderate income, senior housing or special needs units, as applicable, for the term of the project under Cal. Gov’t Code § 65915(c). (H) Provisions. The management plan shall provide for the housing agency to ensure the financial or circumstantial eligibility of applicants for purchase/rental of the low and moderate income or special needs and senior housing for the term of the project. If requested by the housing agency, the management plan shall provide for reimbursement by the applicant/developer the costs to the housing agency of administering the management plan. (I) Requests for approval.

1. All requests for density bonuses and other incentives outlined in this section shall be approved by the City Council. Findings shall be consistent with applicable provisions of current state law at the time of permit application.

2. Any application for the density bonus shall be in the form and method prescribed by the Community Development Director and accompanied by plot and development plans necessary to determine compliance with the purpose, intent and development standards prescribed herein. The development plans shall contain sufficient cost and market data based upon the land cost per dwelling unit to assure any density bonus concessions granted are necessary to attain the affordability targets mandated by Cal. Gov’t Code § 65915 and Senate Bill 1818.

SECTION 8. Title 5: ZONING REGULATIONS, Chapter 5: DISTRICT REGULATIONS, Section 4:

MULTI-FAMILY RESIDENTIAL DEVELOPMENT of the Livingston Municipal Code is revised to read as follows:

The following supplemental regulations shall apply to multi-family residential development. (A) Intent. The purpose of these regulations is to prescribe reasonable standards for multi-family residential development in addition to other applicable city ordinances. (B) Development standards.

1. Off-street parking. Parking spaces for each dwelling unit shall be provided consistent with the requirements of § 5-4-5 of this title.

2. Private open space. Each dwelling unit shall have at least one appurtenant private patio, deck, balcony, atrium or other outdoor private area contiguous to the unit in a single undivided area of not less than 120 square feet.

3. Shared open space. An outdoor common area of at least 100 square feet per dwelling unit shall be provided for outdoor active and passive group recreation. Such common areas shall not include driveways, parking areas or required front yards.

4. Private storage space. Each dwelling unit shall have at least 30 cubic feet of enclosed, weatherproofed and lockable storage space.

5. Boat and trailer storage. Boat, trailer and recreational vehicle storage shall be limited as described in § 5-5-3 of this chapter, unless such vehicles are prohibited by restrictive covenants.

6. Laundry facilities. Adequate laundry facilities shall be provided by:
(a) Constructing a laundry room with the equivalent of one standard washing machine for each five dwelling units and an equivalent in automatic clothes dryers; or

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(b) Providing properly designed and plumbed areas within each dwelling unit for washing and drying clothes.

7. Lighting and security. Night and security lighting and security measures shall be provided as necessary to ensure safe and convenient access and use of multi-family residential facilities.

8. Landscaping. All multi-family residential development shall include landscape plans which provide for substantial front yard landscape screening and, as appropriate, side and rear yard landscaping and as prescribed in § 5-4-4 of this title. Landscaping shall be consistent with the design of the development and enhance the visual quality of the streetscape, and assist in achieving design consistency with the character of the neighborhood.

9. Permitted density. Density limits for multi-family housing shall not exceed the density limitations as established by the general plan land use designation for the property. Density bonuses for low and moderate income or special needs housing shall also be as established by the housing element and applicable state housing law.

10. Design. Site plan and design review shall be as required by § 5-6-7 of this title. Staggered and/or reversed unit plans that provide variability in the outward appearance of the building is strongly suggested, as are building materials and design that ensure consistency with adjacent land uses and structures. Compliance with provisions of the city’s design guide is required.

11. Height limits and setbacks. Yard setback and height limits shall be as established by the site’s zoning district and the design review process. Varying front yard setbacks within the same structure is encouraged, as is limiting second story views to adjacent property.

12. Trash enclosures. Trash enclosures shall be located conveniently for residents and out of vehicular circulation areas. Trash enclosures may not be located within five feet of side or rear property lines or the front yard setback of the site. Trash enclosures shall be of a design that is compatible with the development, is covered, and screened with landscape.

13. Gathering rooms. Where eight or more units are proposed, and in addition to the above requirements, special consideration shall be given to providing adequate gathering rooms or locations for facility residents, based on a requirement of at least 30 square feet per dwelling unit.

14. Street access. Multi-family residential developments with more than 25 units shall have direct access to a collector or arterial street.
(C) Development standards for the interface between multi-family residential and single-family residential.

1. Outdoor recreational areas, game courts, pools and solid waste collection areas on multi-family properties shall be oriented away from adjacent properties planned for single-family residential.

2. Multi-family parking areas, garages, other structures and access drives shall be separated from adjacent properties planned for single-family residential with a ten-foot landscaped setback containing deciduous and evergreen trees.

3. Multi-family buildings greater than 15 feet in height shall be prohibited within 25 feet of abutting property planned for single-family residential. An additional ten feet of setback shall be required for each additional story. Second story views to adjacent residential uses are prohibited.

SECTION 9. Title 5: ZONING REGULATIONS, Chapter 5: SPECIFC USE REGULATIONS of the Livingston Municipal Code is revised to read as follows:
§ 5-5-16 EMERGENCY AND LOW BARRIER SHELTERS.
(A) Purpose. The purpose of these regulations is to allow operation of emergency shelters and low barrier navigation centers in the City to help people in need of housing that are temporarily homeless.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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COORDINATED ENTRY SYSTEM. A centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8) of Title 24 of the Code of Federal Regulation, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

HOMELESS MANAGEMENT INFORMATION SYSTEM. Information system designated by the Continuum of Care to comply with the HMIS requirements prescribed by HUD.

LOW BARRIER. Best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;

2. Pets;

3. The storage of possessions; or

4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
(C) Emergency Shelters

1. Development Standards
(a) Occupancy. Each emergency shelter may have a maximum of 10 beds within the R1 zoning district and a maximum of 20 beds in all other zoning districts permitting emergency shelters.
(b) Common Facilities. The facility may provide the following services in designated areas separate from sleeping areas:

1. A counseling center for job placement, education, health care, legal, or mental health services.

2. Laundry facilities to serve the clients at the shelter.

3. Central cooking and dining area(s).

4. Client storage area (for the overnight storage of bicycles and personal items).

5. Play/recreational areas for family shelters.
(c) Client Intake Area. The shelter must provide an interior waiting and intake area consisting of at least two hundred square feet.
(d) Parking. Off-street parking shall be provided consistent with Section 5-4-5. (e) Lighting. Adequate external lighting shall be provided on-site in order to maintain a safe and secure environment.
(f) Onsite Security. On-site security shall be provided during hours when the emergency shelter is in operation.
(g) Outdoor Space. Outdoor gathering areas shall be screened from the public right-ofway and adjacent properties. (h) Floor plan. Emergency shelters that accommodate families are prohibited from using open floor plans and must provide private rooms.
(i) License and Permit Requirements. An emergency shelter shall obtain and maintain in good standing all required licenses, permits, and approvals from the city, county and state agencies or departments and demonstrate compliance with applicable building and fire codes. An emergency shelter shall comply with all county and state health and safety requirements for food, medical and other supportive services provided on-site. Emergency shelters that accommodate pets are subject to a conditional use permit and performance standards.

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(j) Management Plan. The emergency shelter operator/provider shall submit a written management plan, to the satisfaction of the City, with the application for approval. The intent of the management plan is to establish operating procedures that promote compatibility with the surrounding area and businesses. The operator shall agree to maintain the standards in the management plan. The Management Plan shall address:

1. Hours of operation

2. On-site management and security procedures

3. Neighborhood relations and communication

4. Cooking and dining facilities (for residents only)

5. Shower and laundry facilities (for residents only)

6. Smoking areas and policies

7. Outdoor gathering areas and policies
(D) Low Barrier Navigation Centers

1. Permitted Location. A low barrier navigation center development is a use by right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses.

2. Development Standards
(a) Service Plan. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
(b) Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. (c) Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system. (d) Code Compliance. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

3. Application Procedures
(a) Required Permit. A permit is required prior to the establishment of any low barrier navigation center project. Applicants for said permit shall file an application with the community development department, which shall process the application on a ministerial basis, without discretionary review or a hearing.
(b) Application Completeness. The community development department shall notify a developer whether the developer's application is complete within thirty days, pursuant to California Government Code Section 65943.
(c) Application Review. The community development department will act on the application within sixty days of its being complete.
(d) Notification. At least ten (10) days prior to any Community Development Director action to approve an application, notice of the intent to approve the application shall be mailed to all the property owners within three hundred (300) feet of the exterior boundaries of the subject property using names and addresses appearing on the latest adopted tax roll of the county.

SECTION 10. Title 5: ZONING REGULATIONS, Chapter 5: SPECIFC USE REGULATIONS of the Livingston Municipal Code is revised to read as follows:
§ 5-5-17 SINGLE ROOM OCCUPANCY.

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(A) Purpose and Definition. The provisions of this Section are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these small units.
(B) Permitted Locations. Single room occupancy units are permitted in residential zones permitting multi-family developments and commercial zones permitting hotel and motels. (C) Development Standards.

1. Common Area. Ten square feet per living unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.

2. Laundry Facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every 20 units or fractional number thereof, with at least one washer and dryer per floor.

3. Bathrooms. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.

4. Unit Size. An SRO unit shall have a minimum size of 150 square feet and a maximum of 400 square feet.

5. Occupancy. An SRO unit shall accommodate a maximum of two persons.

6. Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.

7. Closet. Each SRO unit shall have a separate closet space of not less than 50 square feet.
(D) Accessibility. All SRO units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible. (E) Management Plan. A management plan shall be submitted with the development application for an SRO Facility and shall be approved by the City. The management plan must address management and operation of the facility, rental procedures, safety and security of residents and building maintenance.
(F) Parking. Off-street parking shall be provided consistent with Section 5-4-5.

SECTION 11. Title 5: ZONING REGULATIONS, Chapter 6: ADMINISTRATION, Section 1: POWERS AND DUTIES of the Livingston Municipal Code is revised to read as follows:
(A) Duties of City Council. The City Council shall perform the following specific duties:

1. To render decisions on amendments to this title and rezonings; and

2. To act on appeals of denial of variances, denial and/or revocation of use permits or conditional use permits by the Planning Commission.
(B) Duties of Planning Commission. The City Planning Commission shall perform the following specific duties:

1. To interpret, administer and enforce the provisions of this title in such a way as to carry out the intent and purpose of the general plan as interpreted on the official zoning map; and

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2. To act on variances from the provisions of this title regarding the development of land, construction, enlargement or alteration of any building or structure; to recommend act on site plan/design review applications, to act on use permits, to revoke use permits as necessary; to provide interpretations of the zoning ordinance, to act on parcel maps; to provide recommendations to the City Council on rezonings, tentative maps, development agreements and general plan amendments.
(C) Duties of the Community Development Director. The Community Development Director shall perform the following specific duties:

1. Implement actions of the City Council and Planning Commission;

2. Process discretionary development applications and review and issue temporary use permits;

3. Approve minor (i.e., nonsubstantive) changes to Planning Commission and City Council approved plans and permits.
(D) Revocation of permits and variances.

1. Unless otherwise specifically provided in this zoning title, the Planning Commission may revoke or modify any conditional use permit, occupancy permit or variance on one or more of the following grounds:
(a) The approval was obtained by fraud;
(b) The use for which the approval was granted is not being exercised; (c) The use for which the approval was granted has ceased or has been suspended for one year or more;
(d) The granted permit or variance is being, or has been, exercised contrary to the terms and conditions of such approval or in violation of any statute, ordinance, law or regulation; (e) The use for which the approval was granted was so exercised as to be detrimental to the public health or safety or as to constitute a nuisance; or (f) The continued exercise of the use for which the approval was granted appears to be detrimental or contrary to the public welfare.

2. The Planning Commission shall hold a public hearing on any proposed revocation or modification after giving written notice to the permittee or property owner at least ten days prior to the hearing. If the Planning Commission is satisfied that one or more of the grounds specified in subsection (D)1. of this section exists, the Commission shall revoke the permit or variance or take such other action as may be necessary to remedy said subsection (D)1. violation and to ensure compliance with the applicable statutes, ordinances, laws, regulations and terms and conditions.

3. If the permittee or property owner or any other person is dissatisfied with the action of the Planning Commission, he or she may appeal in writing to the City Council within ten days of the date the Planning Commission renders a decision on the proposed revocation or modification. The City Council shall set a date for public hearing of the appeal and shall give notice to the appellant and the affected permittee or property owner and to the Planning Commission of such appeal; whereupon the Planning Commission shall submit a report to the City Council setting forth the reasons for the action taken by the Commission. The City Council shall render its decision within 30 days of the public hearing.

SECTION 12. Title 5: ZONING REGULATIONS, Chapter 6: ADMINISTRATION, Section 7: SITE PLAN AND DESIGN REVIEW of the Livingston Municipal Code is revised to read as follows:

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(A) Intent. The purpose of site plan and design review is to permit the city to evaluate site plans and designs of new and existing structures to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development and orderly development of the community. Approval of site plan may be conditioned upon the construction of curbs, gutters and/or sidewalks on the subject property. (B) Application for site plan and design review.

1. Site plan and design review shall apply to all DTC, C-1, C-2, C-3, M-1 and M-2 Districts, as well as all new development in R-2 and R-3 Districts, excluding multiple-family residential developments.

2. Applications for new developments shall be made on a form prescribed by the city, together with copies of such site plans and sets of architectural drawings, if applicable. Site plans shall be drawn to a scale that shall indicate the full dimensions, topographic features and information necessary for the Council Commission to make an evaluation of the request. Architectural drawings shall be of such scale and contain such information as to permit the Council Commission to make a full evaluation of the outside appearance, color, texture of materials and appurtenances necessary for the development of the structure.

3. Scale drawings of all signs, which will be included within the subject property, shall also be submitted concurrently with the site plan and architectural plans of any proposed project. (C) Project description. Site plans shall identify:

1. All potentially reflective exterior building materials, location of the materials in relation to the position of the sun, and to the location of motorists and other persons within sight of the project;

2. The type of activities to be performed, what hours they will be performed, where on the property they will be performed, and what types of shielding/screening will be employed;

3. Each exterior light source according to type, location, wattage, height, direction of lighting patterns, type of shielding, when in use, and whether the light is steady or pulsating. An outline of directly illuminated areas, including points of overlap between lighting patterns, all streets within the lighting system, and all adjacent property lines must be submitted for a lighting plan; and

4. Conditions requiring additional review to determine whether mitigation measures are necessary:
(a) Any light source that directly illuminates adjacent properties; (b) Additional indirect illumination of adjacent properties in excess of one and one-half foot-candles;
(c) For pedestrian lighting systems, a point of overlap between light patterns greater than seven feet; and
(d) Intensity of lighting within the physical limits of an area required to be lighted that is greater than seven foot-candles.
(D) Design requirements.

1. The proposed development shall comply with all applicable design standards set out in this title or other city ordinance.

2. The provision for benches, telephones and shaded areas at major transit destinations shall be determined based upon necessity with city approval during a site plan review procedure. 2 3. The height and scale of new commercial and industrial development should be compatible with that of surrounding buildings where an established pattern or character is apparent. New development shall provide a transition from the height of adjacent structures to the maximum height of new development.

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3 4. All roof equipment shall be screened from a horizontal line of sight. Ground or interior mounted mechanical equipment with appropriate screening is encouraged as an alternative to roof mounting.
4 5. Entries shall be protected from the elements and shall create a focus or sense of entry for the building. Use of wall recesses, roof overhangs, canopies, arches, signs and similar architectural features shall be integral elements of the building’s design. 5 6. Buildings, landscaping, parking and other development features shall be arranged in a manner that is compatible with the size, scale and appearance of nearby development. 6 7. Site planning shall emphasize a strong relationship to the adjoining street(s) and encourage pedestrian circulation and access. Pedestrian access shall be separate from vehicular access, where feasible.
7 8. Site plans shall provide safe and well defined pedestrian connections from buildings to parking areas, from buildings to the adjoining street(s), and among buildings on the same site.

Pedestrian connections between commercial development and surrounding residential neighborhoods should also be provided.
8 9. Buildings, sidewalks and parking lots shall be located to minimize conflicts between pedestrian and vehicular circulation on a site.
9 10. On site circulation shall be designed to provide safe and efficient access for delivery vehicles, visitors and employees, and pedestrians.
10 11. Loading and trash facilities shall be located where they may be adequately screened from view, generally at the rear of the structures, away from the street. 11 12. Long expanses of fence shall be offset and architecturally designed to prevent monotony. Landscaped pockets and limited openings are encouraged. 12 13. Where industrial development abuts nonindustrial uses, appropriate buffering techniques shall be employed such as setbacks or screening landscaping. 13 14. Site design for new industrial development shall consider the following:
(a) Controlled site access;
(b) Service, storage and loading areas located at the rear or side of buildings; (c) Screened storage and outdoor work areas and equipment; (d) Landscaping, signage and other features that emphasize the main entrance; and (e) Landscaping provided for all areas not developed for parking, storage or buildings.

14. Compliance with other applicable provisions of the city’s design guide. (E) Undesirable design elements to be avoided.

1. Large, blank, flat wall surfaces;

2. Exposed, untreated precision block walls;

3. Chainlink fence and barbed wire;

4. False fronts;

5. “Stuck on” mansard roofs;

6. Materials requiring high maintenance (such as stained wood, shingles or light gauge metal siding);

7. Mirror window glazing;

8. Loading doors facing the street; and

9. Exposed roof drains.
(F) Design review process. The Planning Commission shall be the recommending body, with the City Council as the approving body of the design review process. Upon submission of drawings and applications for review, the Planning Commission and City Council shall meet and

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render a written report recommending approval, approval with conditions, or denial. The City Council shall make final approval.
(G) Judicial review. The time to appeal a decision of the City Council pursuant to this section shall be governed by the provisions of Cal. Code of Civil Procedure § 1094.6 as currently enacted. (H) Occupancy permits. Before a building may be occupied, the building official shall certify that the site or structure has been developed in conformity with the plans and conditions approved herein.

SECTION 13. Title 5: ZONING REGULATIONS, Chapter 6: ADMINISTRATION, Section 9: USE PERMIT, TEMPORARY AND CONDITIONAL of the Livingston Municipal Code is revised to read as follows:
(A) Purpose and intent. Use permits are used primarily to review the location, site development or conduct of certain land uses that generally have a distinct impact on the area in which they are located, and/or are capable of creating special problems for bordering properties unless given special attention. Conditional use permits may be granted by the Planning Commission, and temporary use permits by the Community Development Director under the conditions of this section.
(B) Temporary use permits. Temporary use permits provide for the short term use of property and structures that are consistent with the purpose and objectives of this title. The Community Development Director or his or her designee may process temporary use permits as an administrative review. Following a decision by the Director, an administrative agreement shall be prepared that outlines the findings and conditions of the temporary use permit. The Director shall approve, or approve with conditions, an application for a temporary use permit after finding all of the following:

1. That egress and ingress and off-street parking facilities are properly designed and adequate to serve the use;

2. That the site is adequate in size and location and has the proper accessibility to accommodate the use;

3. That there are adequate public services, including fire protection, water supply, wastewater disposal and police protection to serve the use;

4. That upon termination of the use the site shall be restored to its original condition. All materials and equipment associated with the temporary use shall be removed;

5. Those reasonable time limits shall be established for the use, not to exceed 30 days;

6. That the applicants for a temporary use permit shall have all applicable licenses and permits, including fire permits; and

7. That the signage for use be approved by the Planning Department. (C) Application for temporary use permits. An application for a temporary use permit shall be made to the Planning Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council. (D) Temporary use permits; appeal of decision of Community Development Director. A decision involving a temporary use permit may be appealed to the Planning Commission. An appeal shall be completed by filing a letter with the City Clerk within ten days of the Community Development Director’s determination.
(E) Definition of temporary uses and activities. See § 5-2-6 of this title. (F) Conditional use permits.

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1. Use permits that are revocable, conditional or valid for a term may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this section.

Because of their unusual characteristics, conditional uses require special consideration so that they may be located and developed properly with respect to the intent and purpose of this title and to their effect on surrounding properties. Conditional use permits require a determination of findings and conditions by the Planning Commission.

2. The Planning Commission may designate such conditions in connection with conditional and revocable use permits as it deems necessary to carry out the purpose of this title, and may require tangible guarantees or evidence that such renditions are being or will be complied with.

These conditions may include, but not be limited to:
(a) Dedication of right-of-way, setback, curbs, gutters and sidewalks; (b) Improvement of vehicle access to the subject property to city standards; (c) Regulation of height, number of stories;
(d) Regulation of the placement of the use or building of the subject property; (e) Regulation of the nature, hours of operation, extent of use; (f) Regulation of lighted community sports facilities for extended hours of use; (g) Regulation as to transferability of the use; and
(h) Regulation of landscaping for the protection of adjoining and nearby properties. (G) Recycling locations. Use of parking lots for the establishment of recycling locations as mandated by the California Beverage Container Recycling Litter Reduction Act, being Cal. Public Resources Code, Division 12.1, California Beverage Container Recycling and Little Reduction Act, §§ 14500 et seq., shall not require a conditional use permit. (H) Application for conditional use permits. Application for conditional use permits shall be made to the Planning Department in writing on a form prescribed by the city and shall be accompanied by an established fee or deposit and copies of plans and elevations showing in detail the proposed use or building. At least one public hearing shall be held on an application to the Planning Commission, notice of which shall be given by one publication in an official newspaper of general circulation in the county at least ten days prior to such hearing and by posting notice on the property involved at least ten days prior to such hearing. (I) Criteria. In considering an application for conditional use permits, the following criteria shall be as follows.

1. A conditional use permit shall not be granted for the use unreasonably incompatible with permitted uses in the area considering damage and nuisance from light sources, noise, smoke, odor, dust or vibration, hazard resulting from unusual volume or character of traffic, or congestion of a large number of persons or vehicles.

2. A conditional use permit must be considered in relationship to its effect on the general plan for the area in which it is to be located. The conditional use applied for must be in conformance with the general plan land use map and policies.

3. Findings required for approval shall include:
(a) The proposed use is allowed with a conditional use permit within the applicable zoning district, specific plan, or planned development and complies with all applicable provisions of this title;
(b) The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the applicable zoning district;

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Livingston City CouncilMarch 3, 2026

Livingston City Council
March 3, 2026