RECORDS MANAGEMENT - SUPPLEMENTAL
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Legend & Code Abbreviations
LEGEND
Active (AC) = The period of time that a record has yet to fulfill its administrative, fiscal, and/or legal function/purpose.
Adoption (AD) = That point in time which a record, document, proposal, plan, or amendment is approved and given operative effect.
Affordability Period
(AP)
= The period of time during which assisted property is encumbered by rent and occupancy restrictions/covenants
Audit (AU) = The effective date of the annual audit (i.e., June 30). This term will generally be used in connection with financial documents.
Closed/Completed
(CL)
= The point in time which there is no further work to be done in connection with the task, project, or subject matter of the record.
Current (CU) = A record is current throughout the calendar year in which it was created.
Date of Birth (DOB) = Date of Birth
Election (E) = Election shall mean the election for which the materials were created.
Life (L) = The period of time during which a record or document has administrative, fiscal or legal significance or effect.
Permanent (P) = Records that are required to be kept in perpetuity, usually identified by statute or other written guidance.
Repayment (R) = The full repayment of funds previously borrowed or owed to the City.
Supersede (S) = The point in time in which a record is replaced or made obsolete, useless in favor of a new record.
Termination (T) = The point in time constituting the end, conclusion, resolution, or decision not to continue a policy, condition or relationship.
Original may be
stored
electronically
(֍)
= A document which may be reproduced and stored electronically as the original record in compliance with Government Code section 34090.5.
Following electronic conversion, the original hardcopy may be destroyed upon approval of City Manager.
CODE ABBREVIATIONS
B&P = California Business & Professional Code
CAC = California Administrative Code
CCP = Code of Civil Procedure
CCR = Code of California Regulations
CEQA = California Environmental Quality Act
B&P = Code of Federal Regulations
EC = California Elections Code
GC = California Government Code
H&S = California Health & Safety Code
HUD = Housing and Urban Development
OSHA = Occupational Safety & Health Agency
PC = California Penal Code
POST = Police Officers Standards Training
SOS = Secretary of State
UFC = Uniform Fire Code
USC = United States Code
WIC = Welfare & Institutions Code
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
Common Citywide Documents
Items listed below can be found in almost every City department. The assigned retention period for any particular item is the same, regardless of the department in which it resides.
By listing the frequently occurring documents here, they need not be listed individually under each department. Further, most of the listed items refer to copies. However, a reader interested in learning the retention period for an original is encouraged to check the retention schedule of the Primary Record-Keeping Department. If no department is indicated under the Primary Record-Keeping Department column, there is no department for that item.
Subject / Item Retention
Period
Primary RecordKeeping Department Notes/Descriptions
Accounts Payable AU+7 Finance IRS/audit best practice; aligns with 4-year contract SOL n+ grace
period
Admin. Policies,
citywide
S+ 5 City Manager's Office Best practice
Agreements/Contracts
(includes leases,
service, equip, &
supplies) – Not CIP
T+ 7 City Clerk's Office Extended to 7 years after
termination to cover 4-year SOL
plus audit/claim buffer; best
practice
Audio and Video
Recordings – City
Council
Board & Commission
Meetings
30 days City Clerk’s Office. GC
§54953.5(b)
Awards/Certificates
(departmental)
CU+3 Keep longer, if
historically
significant
Unchanged
Bids, RFPs, RFQs -
Successful
AU+ 7 Finance/Public Works/City
Clerk
Extends protest/challenge period
coverage and audit compliance
Bids, RFPs, RFQs -
Unsuccessful
CU+2 Finance/Public Works/City
Clerk
Unchanged
Brochures, publications,
newsletters
S+2 Unchanged
Budget Files
(Departmental Work
Files)
AU+2 Unchanged
Cash Receipts (copies) AU+4 Finance Unchanged
CEQA Documentation P
Chronological/Miscellan
eous Correspondence
files (departmental)
CL+2
Legislative Body
Agendas
CU+2 Initiating Department (City
Council, Commissions,
Committees, etc.)
GC
§ 34090
Legislative Body Staff
Reports
CU+5 Initiating Department (City
Council, Commissions,
Committees, etc.)
Unchanged
Legislative Body P City Clerk’s Office Unchanged
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4906-1930-9948 v4
Minutes
City Council
communication
CU+3 Unchanged
Closed Session
confidential memos
AC+2 City Manager's Office Unchanged
Conflict of Interest
Statements (includes
FPPC Annual Filing
CU+7 City Clerk Unchanged
Departmental personnel
files of employees
transferred to another
dept.
Transfer
Date
+ 4
Human Resources REQUIRED: Gov. Code 12946 & 2
CCR 11013 -
Departmental personnel
files of terminated
employees (copies)
T+ 4 Human Resources REQUIRED: Gov. Code 12946 & 2
CCR 11013 -
Fee Schedules CU+2 Unchanged
Grant Files (subject to
grant requirements)
CL+ 5 Recommended: Federal/state audit
buffer
Grants – CDBG P Unchanged
Litigation Hold Notices CL+ 5 Recommended: Audit/litigation best practice
Material Requisition
Forms (copies)
AU+4 Finance Unchanged
Miscellaneous
correspondence, if not
attached to a working
file (non-record)
CU+2 Non-records retained as
an integral part of a file or
in conjunction with original
records shall be retained
in accordance with the
appropriate retention
schedule
Unchanged
Municipal
Code/Ordinances
P City Clerk's Office Unchanged
Operating Budget
document (copies) S+2
Finance (Department
Reference)
Unchanged
Operating Budget
working files
AC+2 Finance (Department
Reference)
Unchanged
Payroll Printouts
(copies)
AU+4 Finance Unchanged
Payroll Timesheets
(copies)
AU+6 Finance Unchanged
Payroll Adjustment
Forms (copies)
AU+4 Finance Unchanged
Policies & procedures
(departmental) S + 5
Unchanged
Press Releases
CU +2
City Manager’s Office Unchanged
Purchase Orders
(copies)
AU+2 Finance Unchanged
Safety Committee files
(copies)
CL+2 HR/Risk Management REQUIRED: Personnel/safety
documentation; 4-year minimum
for employment records
Telephone message
pads/logs
CU+1 Unchanged
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Travel reimbursement
(copies)
AU+2 Unchanged
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CITY CLERK
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
ADMINISTRATIVE
Applications for
commissions,
committees
T+4 REQUIRED:
GC 12946; 2
CCR 11013
Candidates not selected
Applications for
commissions,
committees
T+4 REQUIRED:
GC 12946; 2
CCR 11013
Candidates selected
Articles of
Incorporation
P ֍ City's birth certificate
Assessment Districts P ֍ Includes Engineer's Report,
staff report, roll, etc.
Certifications/
Declarations (copies)
CU+2 ֍ Copies used as samples;
originals are presented or
mailed
City Clerk's budget
binder (copies)
S+2 Copies of adopted budget for
public review
Contracts and
Agreements
(Excl. Capital
Improvements)
T+4 ֍ CCP §337
et. seq;
GC
§34090
Leases, equipment,
services, supplies
SOL for breach of
contract is four years.
Contracts and
Agreements Including
CIP
CL+10 ֍ CCP
337.15
Construction, reconstruction,
modifications, upgrades;
particularly CIP projects
DMV Correspondence CU+2 ֍ If not attached to agreement or project file
Litigated cases P ֍ GC
34090(b)
Court documents/agreement
re: final actions/settlements
(received from legal counsel
after disposition)
Life Certificates
(copies)
P Originals are prepared & given
to pensioners from other
countries
Maintenance Districts P ֍ Original documentation
Chronological/
miscellaneous
correspondence
CU+2 ֍ Originating department not a
part of an agreement or project
file
Municipal Code P ֍ Supplements included
Program Work Files CU+2 ֍
Proclamations copies CU+2 ֍ Originals are presented in
person or mailed
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CITY CLERK
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Proofs of Publication
(Notifications and
Publications)
E+2 Proof of publication or posting,
certification and listing of notice
of posting; copy of newspaper
notice and certification of offices
to be voted for at forthcoming
election
Public Records Act
requests
T+4 ֍ REQUIRED
for personnelrelated GC
12946; 2 CCR
11013
Subject files, generally CU+2 ֍
Subpoenas P ֍ GC 34090(b)
Summons GC 34090(b)
Recorded Documents P ֍ GC 34090(a) Original documents with Merced County’s recorded
information, & our unique
tracking number
Recorded
Documents Filed
with Merced County
Recorder
P ֍ GC 34090(a) City’s evidence of
documents submitted
and those never returned
Recorded
Documents
Tracking Log
P ֍ GC 34090(a) Listing of all recorded
documents with identifying
information
CITY COUNCIL
Agendas, Council 2 ֍ GC 34090 City Council Agendas
Agenda Staff Reports 2 ֍ GC 34090 Staff reports, backup for agendas
Ordinances P ֍ GC 34090(e)
Ordinance Posting
Affidavits
P ֍
Public Comment &
Speaker Cards
CU + 2
Resolutions P ֍ GC 34090(e) Original legislative actions for City Council, RDA, Planning
Commission, etc.
Tapes – audio/video CU+2 ֍ GC 34090.7 Tapes, discs, or other media recordings of
Council meetings, when
minutes for meeting exist.
Studies and Reports
(adopted)
CL+2
CITY CLERK
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
ELECTIONS
Ballots - Prop 218
(Assessment Districts)
CL+2 GC 53753
Canceled affidavits of
registration
E+5 ֍ EC 17000 Original may be digitized and
destroyed following the first
general election after the
date of cancellation
Election Work Files CU+5 Except papers with historical
value; remove and retain
History ֍ Historical value:
resolutions, canvass,
sample ballot, precinct
map, staff reports, costing
memo
Notices & Publications CU+5 GC 34090 Proofs of publication & posting, notices, etc.
Petitions: Initiative,
Referendum, Recall
8 mos. EC 17200,
17400
After certification of election
or if no election is held 8
months
after the clerk's final
examination of the petition
Roster and Voter Lists E+5 EC 17300
FPPC FILINGS **May be digitized and
destroyed after 2 years
Statements of
Economic Interest
T+7 ֍ GC 81009(e) Form 700 (and outdated
721)
Council campaign
statements
Elected Officials
P ֍ GC 81009(b) Including committees
supporting the officeholder
or candidate
Council campaign
statements (not elected)
CU+5 ֍ GC 81009(b) Including committees
supporting the officeholder
or candidate
Campaign statements
for all other officials
CU+7 ֍ GC 81009(c) Council filing as candidates
for
higher office
Misc. reports or
statements received by
the City Clerk
CU+4 ֍ GC 81009(f)
FPPC Forms 801 &
802
T+7 ֍ GC 81009(e) Forms published Virtual to
remain
on City website for 4 years
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4906-1930-9948 v4
CITY CLERK
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
MISCELLANEOUS
Certificates of
Insurance (General)
AC+4 ֍ CCP 339 General certificates of
insurance in connection with
goods and services
Certificates of
Insurance
(construction
related)
C+10 ֍ CCP 337.15 Certificates of insurance
related to capital
improvement projects
or other city construction
projects
City Council Member
Biographies/
Photographs
CU+2 ֍ City Council, present and
past; Photos of past council
members (historical value)
City Proclamations S+2 ֍ Includes original request.
Final proclamations are
presented in person or
mailed
Performance, Surety
Bond Documents
C+10 CCP
337.15
Original documents to be
retained for 10 years after
completion of
improvement(s)
Newspaper Articles -
copies
5 ֍ City community news articles
submitted to Council and
filed
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4906-1930-9948 v4
CITY MANAGER
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
ADMINISTRATIVE
Administrative Policies
originals
S+5 ֍ All City Council
administrative, departmental
policies &
procedures
Calendars - City CU+2 ֍ Council, City
Manager's, building -
scheduling of meetings,
appointments, events,
room reservations
Complaints C+4 ֍ REQUIRED:
GC 12946; 2
CCR 11-13
Personnel/HR
Complaints to the City
Manager's Office
Conference/Travel
arrangements
CU+2 ֍ Registration for hotel,
conferences, travel
arrangements,
reimbursement travel reports,
etc.
Correspondence CU+2 ֍ Departmental incoming mail
Franchise Agreements Original agreements
authorizing franchises
Project Files CU+2 ֍ Current projects,
Public Records
Acts Requests
CU+4 ֍ REQUIRED:
GC 12946; 2
CCR 11013 if
personnelrelated
Copies or requests for public
records received from City
Clerk's office.
Reports - departmental CU+2 ֍ Special, routine, or status reports created within the
City Manager’s office,
including supporting
documentation (nonagenda related)
Subject Files –
general and
miscellaneous
CL+3 ֍ City Manager's internal
working regular files/project
files on going for future
references, including
correspondence.
Subject Files -
Redevelopment Agency
֍ City Manager's internal
working RDA project files
for future reference,
includes correspondence
Transmittal for
materials for
Destruction & Storage
P ֍ Originals to City Clerk to
accompany boxes of
materials for storage and/or
destruction.
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Work Order Requests CU+2 ֍ Requested
work to be
done by
the
Maintenance
Department
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4906-1930-9948 v4
CITY MANAGER
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
CITY COUNCIL
Closed Session reports P ֍ Confidential reports prepared by various departments for
City Council closed session
meetings
Community Meetings,
Event Documents
CU+2 ֍
Framed - Awards,
certificates, Resolutions
CU+6 ֍ Awards presented to the City by
sponsors, community,
legislators, etc.
Proclamations,
Certificates, awards
S+2 ֍ Those presented by the City
Council to the public
Resolutions of
Commendation
P ֍ GC 34090 Originals presented and
submitted at Council meetings,
events, picked up, or mailed
Weekly Reports to City
Council
CU+6 ֍ City Manager's weekly reports
to Council on projects, updates,
etc.
LEGAL LEGISLATIVE
Legal Opinions CL+7 ֍ Confidential correspondence
from attorneys
Legislation CU+2 ֍ Bills passed affecting the City of
Livingston
MISCELLANEOUS
History File P ֍ Historical value: books,
booklets, photos, etc.
City Newsletter S+2 ֍
Media Relations CU+2 ֍ Includes cable, newspaper,
radio message boards, and
presentations
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4906-1930-9948 v4
CODE ENFORCEMENT
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Code Enforcement
Reports
T+4 REQUIRED:
GC 12946; 2
CCR 11013
Federal and state reports
Correction
Notices/Administrative
Citation
T+4 ֍ REQUIRED:
Complaints/
disciplinary
records (state
law,
personnel
action)
Orders, Notices & Requests
for Correction
Criminal Municipal
Code Violations
T+4 REQUIRED:
best practice
for claims/
appeals
window
Code violations, generally
(includes building, housing and
mobile home violations;
public nuisance and
abatement)
Daily Field Activity
Reports
CL+5 ֍ Log Sheets
Monthly Activity
Report
CU+2 ֍ Monthly Report for
reference which includes
how many cases
have been received for that
month and what type of
case
Notice of Pendency
(copies)
CL+5 ֍ Retain for 5 years after the
release of Notice of
Pendency (original with
City Clerk).
Includes all zoning,
building code, and weed
abatement Notices
Notice of Pendency
Release (copies)
CL+5 ֍ Retain for 5 years after the
release of Notice of
Pendency (original with
City Clerk).
Includes all zoning,
building code, and weed
abatement Notices
Prosecution and Court
Case Summary
CL+5 ֍ A summary of active
prosecution and court cases
showing
names/addresses/violations/
status/totals
Perpetual
Monthly Activity
Report
CL+2 ֍ Monthly Report for reference
which includes how many
cases
have been received from
January to present and what
type of case
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Weed Abatement T+2 ֍ GC 34090 Reports, assessments,
, documentation
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
COMMUNITY DEVELOPMENT
Records Series Title City
Retentio
n
Policy
Virtual Statutory
Requirement
Description
ADMINISTRATIVE
Building Code
Adoption (see
also Fire)
CU+2 Working file re adoption of
building codes: includes
staff reports, memos,
publications, etc.
Building Permits P GC 34090
Community
Development Block
Grant (Public Services)
T+5 ֍ OMB Circular
A-110
Best practice
Public service agency
funding applications,
documentation, billing
Contracts &
Agreements
T+4 CCP 337 et.
seq; GC 34090
Leases, services, supplies
Dept. Policies &
Procedures
2 ֍ GC 34090
Development
Agreement &
amendments
P Agreements and subsequent
amendments
Monthly Building
Reports
CU+2 GC 34090
Parcel Maps P
Project Files AC+2 ֍ Internal working files
Grant Files AU+5 For federal
grants, 3 years
after final report
per 2 CFR §
200.334; for
state grants, 4
years after final
report per 14
CCR § 19007
Destroy 5 years after final
report or after grant is audited,
whichever is later
Specific Plans P
Travel Records CU+2 ֍
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4906-1930-9948 v4
ENGINEERING
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Agreements/Contracts
1. Executed
2. Unsuccessful
bidders
T+4
CU+2
CCP 337.2,
343
Annexation File
- General
P ֍ GC 34090(a) General correspondence;
request for annexation;
approved notices/
correspondence from County.
Assessment Districts CU+10
Base Maps P ֍ Cross-section of roads, streets,
rights-of-way, tract#, addresses
Benchmark Data P ֍ Elevation points different
locations throughout the
City; horizontal and vertical
control
Bridges - General
Inspections/Seismic
retrofit inventory form
P ֍ GC 34090(a) Life of structure. Includes
inter- section, sidewalks,
bridges and overpasses
Caltrans - Freeway
maintenance
P Dept. of Transportation - City's
maintenance of Caltrans’s
facility
Capital Improvement
Program Budget
CU+10 Same as operating budget
retention
CIP Projects List P ֍ Approved CIP projects for each
fiscal year
CIP Project Files CL+10 ֍ Includes: original contract,
specs, bid documents;
correspondence between
contractor and City, change
orders, progress payments,
performance bonds,
staff reports, notice of
completion, proof of
publication
Certificates of
Compliance
L Certificate of Compliance which
affect real property
Construction Tracking
Daily
CU+2 CCR 337.15 Daily tracking of field
construction
Fee & Charge
(revenue)
CU+2 GC 34090 Engineering fees/schedules
GIS Aerial
Photography
P
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
FINANCE
Records Series Title
City
Retentio
n Policy
Virtual Statutory
Requirement Description
1099s AU+4
Accounts Payable AU+4 ֍ GC 34090;
CCP 337
AP (Warrant)
Registers
AU+4 ֍ GC 34090.7;
CCP 337
Register of Warrants/
Demands
AP Backup AU+3 ֍ Invoice and check copy
Accounts Receivable
(Billing and Backup)
AU+2
Accrued Leave
Reports, Payroll
Records
AU+4
Accounting
Documentation/Journal
Entries/Posting
Reports
AU+2
Adopted Budget (City,
RDA, DPFA)
CU+10 GC 34090
Annual Street Report AU Annual financial report, until
audited by State
Armored Transport
Receipts
AU+4
Assessment
Delinquency Files
CU+4
Assessment District
Records
P ֍
Assessment Payoffs AU+2
Audit Proposals AU+3 Past end of initial contract
Audit Work papers AU+2 ֍
Audit Information
(internal & external
reports)
AU+2 Internal/External reports
Bank Statements AU+ ֍ GC 34090.7;
CCP 337
Statements & summaries
Bank Reconciliations AU+ GC 34090.7;
CCP 337
Disbursements &
reconciliations
Banking Agreements L+4 ֍
Bond Authorizations &
related Public Hearing
Records
L+4 ֍
Bond Indentures/
Official Statements
P CCP 337.5
Budget
adjustments,
journal entries
AU+2 Account fund transfers.
Originals sent to Finance for
processing
Budget Transfer
Requests
AU+2
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4906-1930-9948 v4
Budget Work Files CU+2
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
FINANCE
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Business License
Application/License
T+4 ֍
Business License
Related –
Miscellaneous
T+4 ֍
Business License
Renewals
T+3 ֍
Cash Receipts
including Daily Cash
Receipts
AU+4 ֍ GC 34090.7;
CCP 337
Comprehensive
Annual
Financial Report -
all agencies
AU+7 ֍ GC 34090.7;
CCP 337
Demand Checks
AU+4
CCP 337 Copies of checks
issued (payment of
services/goods)
Deposit Slips/
Receipts/ Correction
Notices
AU+2
Disposition of Surplus
Personal Property/
Authorization
AU+2 Surplus property disposal
Disposition of Surplus
Real Property/
Authorizations
P ֍
Facsimile Signature/
Signature Cards
S
Fee Studies S ֍
Fiscal Agent
Reports - Monthly
Statements
CL+6 6 years past life of the debt
Fiscal Agent Reports
- Summary of Year
CL+6
Fixed Asset Records AU+4
GANN Limit
Calculations and
Resolutions
P ֍
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
FINANCE
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Grant Files AU+5 For federal
grants, 3 years
after final report
per 2 CFR §
200.334; for
state grants, 4
years after final
report per 14
CCR § 19007
Destroy 5 years after final
report or after grant is
audited, whichever is later
Investment Purchase/
Trade Details
L+2 2 years after expiration of
investment
Labor Distribution AU+3
Lease/Purchase
Agreements
CU+2
Miscellaneous
Spreadsheets &
Work Files
CU + 5 Can include Utility Bills,
TOT as examples
Pass-Through
Agreements/
Related Records
T+4
Petty Cash Receipt
Book and Demands
AU+4 ֍
Proposed Budget
City, RDA, DPFA
CU+2
Purchase Orders AU4 ֍ GC 34090;
CCP 337
Journals AP/AR
Remittance Data
(franchise fees, TOT,
Etc.)
CU+2
Sales Tax Agreements/
Related
Records
P ֍
Sales Tax dataconsultant meetings CU+2 Confidential files shared from quarterly meetings
State and Federal
Grant Materials
AU+5 Destroy 5 years after life of
grant ends; again more
appropriate may be once grant
audited
State Controller's -
Report of Financial
Transactions
P ֍
Stop Payment Notices CU+2
Treasurer's Quarterly
Investment Report
P ֍ Investment transactions
W-9's CU+6
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
FIRE DEPARTMENT
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Arson Investigations -
Evidence
P PC 799 Homicide
Arson Investigations -
Evidence
CL+6 PC 800 Great bodily harm/injury;
inhabited structure or
property
Captain's Log P ֍ GC 34090 Fire Station Journals:
activities,
personnel, engine
company-- historical
Disaster - Major Event
Log
P ֍ GC 34090
Emergency Operations
Guidelines
S+2 GC 34090 Active until revised.
Employee Records T+4 29 CFR
1602.14
29 CFR 1627.3
CCR 1174
REQUIRED:
minimum 4
years
personnel
records
Then transferred to
Human Resources
EMS/Liability Reports CU+4 EMS, accident, liability claims Equipment & Supplies
Inventory
CU+2 GC 34090; Inventory, acquisition
Exposure - Personnel T+30 29 CFR
1910.1020
REQUIRED:
OSHA/CalOSHA
Laboratory reports and
worksheets
Exposure - Personnel T+30 29 CFR
1910.1020
Sampling results, collection,
methodology, background
Fire Code Adoption
(see also Comm
Dev)
CU+2 Working file re adoption of
fire codes: includes staff
reports, memos,
publications, etc.
Fire Code Books P GC 34090 Include OPS manuals
Fire Dept. Staff
Reports
CU+2 ֍ GC 34090 Non-Council agenda related,
includes supporting
documentation
Fire Equipment/Gear
Logs
CU+4 GC 34090
Fire Station
Construction and
Acquisition
P ֍ Construction and
acquisition, generally
Fumigations CU+2 GC 34090 Pest control, generally
(pesticide applications,
inspections & sampling,
documents)
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
General Information S+2 GC 34090 Brochures, publications, newsletters, bulletins
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
FIRE DEPARTMENT
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
General
Operations
Guidelines
S+2 GC 34090 Includes work orders,
inspection, repairs,
cleaning, reports,
complaints, signals, striping
Hazardous
Materials- Storage
Permits
L+5 GC 34090;
CAL OSHA;
; 27 CCR §
15185
Departments consistently
recommend permanent
retention of
environmentally sensitive
materials
Hazardous MaterialsUnderground Storage
Tank
P ֍ GC 34090(a) Documents regarding
storage
Hazardous MaterialsUnderground Storage
Tank (Compliance
Maintenance &
Operation)
P ֍ Location, installation,
removal, remediation
Incident Reports CL+7 12 CFR
1904.2;
29 CFR
1904.6
Theft, arson, vandalism,
property damage or similar
occurrence
(excluding fire/law
enforcement)
Inspections - Fire
Prevention
CL+3 GC 34090 Alarm/sprinkler systems,
prevention efforts
Mutual Aid Strategic
Plans
S+2 GC 34090 Coordination records
OES Strike Team
Reimbursement
CU+2 Aid reimbursement documents
Patient Care Reports C+7
Personnel Training
Records
T+4 REQUIRED: 4
years for
personnel docs
Paperwork documenting
officers internal and external
training
Staff Logs CL+3 ֍ CCP 338,
340.5
Dispatch and daily logs
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
FLEET
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Air Pressure Tank
Permits
AC+3 Retain 3 years after
expiration of permit
Diesel Fuel Return P ֍ Quarterly Return, original
Government Entity Diesel
Fuel Tax Returns and
underground storage
tank fees
DMV - Certificates of
Title
L+2 VC 9900 Titles transfer when
vehicles are sold – kept in
Finance Vault
Fuel Customers CU+2 CCP 337 Computer print-outs with
attachments
Fuel Delivery Receipts CU+2 CCP 337 Fuel receipts
Fuel Information CU+2 Correspondence,
information on diesel,
natural gas & propane
Fuel Inventories CU+5 27 CCR 15180
Fuel Miscellaneous L 23 CCR 2712 Information on fuel controller and site preparation
Fuel Ordering CU+2 Information, forms, Proof of
Insurance
Fuel Records & Logs AU+5 23 CCR 2712
Identifications (Pink
Slips)
L Retain for life of the
equipment or at least 2
years, whichever is
later
Inventories S Destroy when no longer
relevant plus 2 years
Maintenance/Repair
Records
L Keep records for life of
equipment or at least 3
years, whichever is
later
Operating
Instruction Manuals
L Keep for life of equipment
or at least 2 years,
whichever is later
Smog Certificates S Destroy when superseded
or after 2 years, whichever
is later
Vehicle Maintenance
Records**
S Destroy when superseded
or after 2 years, whichever
is later
Vehicle Information CU+5 City fuel reports
Vehicle Inspection
Records**
L Destroy after life of vehicle
or after 2 years, whichever
is later
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
HOUSING
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
HOME Program LOWMOD Program
AP+5
or
R+5
whichever is
shorter
24 CFR
570.502(b)(3)
24 CFR 85.42
HOME Fund program
files (application, notes,
etc.) Normal AP is 40-
45 yrs. For Low- Mod;
Normal AP for HOME is
5 - 15 yrs.
Housing Files CL+ 5 24 CFR
570.502(b)(3)
24 CFR
85.42 &
OMB
Cir. A-110,
#C
Agency-assisted (to buy land,
build, or rehabilitate) lowincome apartment
complexes. At Risk Element,
bond related, First Time
Homebuyer/Mortgage Credit
Certificate Implementation
Plan
Home
Improvement
Loan Program
Work Files (CDBG
funds)
AP+5
or
R+5
whichever is
shorter
24 CFR
570.502(b)(3)
24 CFR 85.42
& OMB Cir.
A-110, # C
Applicant files on CDBG,
Includes original
application, photos, deed
copy, bid estimates
First-Time
Home Buyer
Program
(original files)
(HOME or LOWMOD)
AP+5
or
R+5
whichever is
shorter
24 CFR
570.502(b)(3)
24 CFR 85.42
& OMB Cir.
A-110, # C
Normal AP is 40-45 yrs.
for Low- Mod; HOME AP
is 5-15 yrs.
Lead Hazard Control
Program Files
AC+3 24 CFR
570.502(b)(3)
24 CFR 85.42
& OMB Cir.
A-110, # C
If any litigation, claim,
negotiation, audit, or other
action has been started, the
grantee must
retain records until
completion of the action
CDBG Program Files CL+ 7 24 CFR
570.490
Destroyed (7) years after
close of project
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
HUMAN RESOURCES AND RISK MANAGEMENT
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
ADMINISTRATION
General Subject Files CU+2 ֍ Internal working files including correspondence
Department Reports CU+2 ֍ Non-Agenda related,
includes supporting
documentation
Human Resources
Dept. Correspondence
AC+5 ֍ If not attached to agreement
or project file
Human Resources
Project Files
T+4 ֍ REQUIRED:
GC 12946; 4
year minimum
personnel/HR
May include reclassification
studies, salary surveys
Travel Records AC+2 ֍
LIABILITY CLAIMS
Claims Against the
City
CL+5 GC 25105.5 Paid/denied (damage claims
only)
Loss Runs
T+4
֍ REQUIRED:
GC 12946; 4
year minimum
liability/HR
General Liability and Workers'
Compensation loss history.
Monthly reports
General Liability
Claims
CL+5 ֍ Personal injury, property
damage, paid and denied
General Liability
Lawsuits
CL+5 ֍ GC 25105.5 Personal injury, property
damage
Self-Insurance annual
reports
P ֍ State mandated annual
reports relating to
workers' compensation
claims and experience
WORKERS' COMPENSATION
Workers'
Compensation Claim
files
CL+5 ֍ 8 CCR
15400.2
Work-related injuries. Claim
file including medical reports,
payments and WCAB Awards
Workers'
Compensation Claim
Log
CL+5 ֍ 8 CCR
15400.2
Injury claim log including
employee name, date of
injury, etc.
Workers'
Compensation
Employee Calendars
CL+5 ֍ 8 CCR
15400.2
Individual employee
calendars for tracking time
off work and modified duty
assignments due to a workrelated injury
Workers'
Compensation
accident appeals
CL+5 ֍ 29 CFR
1904.2;
29 CFR
1904.6
Injury investigations to
determine preventability
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
HUMAN RESOURCES AND RISK MANAGEMENT
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
EMPLOYEE RECORDS
COBRA Notices T+6 ֍ COBRA
1990;
29 U.S.C.
1027
Notices sent by the City and
employees' selection
FMLA Records CL+30 ֍ FMLA 1993
US OSHA; 29
CFR*
May include family leave;
certifications; tests; *1910.20;
29 CFR 1602.30.32; 49 CFR
193-9
Permanent
Employment
Records for current
and terminated
employees: full-time
and hourly/part- time
- (originals)
T+4 ֍ GC 34090
GC 12946;
29 CFR
516.6(2);
29 CFR
1602.4
REQUIRED:
GC 12946, 4-
year
minimum (all
personnel/
HR
Includes employee
employment history:
Personnel Action Forms;
application; evaluations;
PERS retiree and health
enrollment; dental, life and
other benefit enrollment and
change forms; classifications;
disciplinary actions;
terminations
Non-Permanent
Employment
Records for current
and terminated
employees: full-time
and hourly/part-time
(originals)
T+4 ֍ 29 CFR
1627.3;
Labor
Relations
Sec 1174;
29 CFR
1602.30.32;
GC 6250 et
seq.;
29 CFR;
GC 12046,
34090*
REQUIRED:
GC 12946, 4-
year
minimum (all
personnel/
HR
May include: Release
Authorizations;
reassignments; outside
employment;
commendations; Oaths of
Office; fingerprints; ID
cards, arbitration,
complaints, union requests,
civil rights, sexual
harassment, reclassification
studies, departmental
transfer files *1607.4; 29
CFR 655-202; 29 CFR
516.6 et seq.; 45 CFR
10686(a)
Disciplinary matters
re: sworn employees
T+4 ֍ PC
832.5(b);
GC
3300;
GC 12946
REQUIRED:
GC 12946, 4-
year
minimum (all
These matters kept separate
from regular personnel files. If
discipline is upheld, then
placed in personnel file
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
personnel/H
R
Disciplinary matters
re: non-sworn
employees
T+4 ֍ PC
832.5(b);
GC
3300;
GC 12946
REQUIRED:
GC 12946, 4-
year
minimum (all
personnel/H
R
These matters kept separate
from regular personnel files
(not necessarily, if discipline
was upheld all records are
placed in personnel file) If
discipline is not upheld then it
is not placed in personnel file)
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
HUMAN RESOURCES AND RISK MANAGEMENT
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Background Files -
Applicants Not Hired
T+4 REQUIRED:
GC 12946, 4-
year minimum
(all
personnel/HR
Background information on
applicants (includes
poly/psych results)
Background Files -
Terminated Employees
T+4 ֍ REQUIRED: GC
12946, 4-year
minimum (all
personnel/HR
Background investigation -
PD keeps their own
background files, HR only
keeps reference check
materials.
INSURANCE
Benefit plan claims P ֍ 25105.5 State disability, life, long term disability (paid and
denied)
Bonds, Personnel
Fidelity
T+2 ֍ Employee Fidelity Bonds -
City Treasurer, Key
Employee, &
Full-time Employees
Bonds, Insurance P ֍ CCP 337.2;
343
Bond and insurance policies
insuring City property and
other assets
Insurance Reports CL+7 Accident reports and related
records (Risk Management)
Liability Insurance P ֍ Includes policies,
applications, etc.
Property Insurance P ֍ Includes policies,
applications,
property schedules, etc.
Joint Powers
Agreements
P ֍ JPA Agreements
Contracts P ֍ Life, LTD, Liability, Excess
Workers' Compensation e.g.
LEGAL LEGISLATIVE
Case Records,
including
grievances
CL+10 ֍ 42 USC
1983
*Closed+10 and after
termination of both parties.
Includes hearing transcripts;
Final Determinations
Legal Opinions (Risk
Management or
contracted counsel)
S+2 ֍ Confidential
PERSONNEL
EEOC Reports CU+3 ֍ 29 CFR
516.5;
1627.3(2)
EEOC 2-year reports
based on affirmative
action forms
Employee
Benefit Plans
S+2 ֍ GC 34090 General Employee
Information regarding
benefit plans, includes
open enrollment notices
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
HUMAN RESOURCES AND RISK MANAGEMENT
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Employee Payroll
Adjustment Forms
T+3 29 CFR
516.5
29 USC 436
Payroll adjustment docs
Employee Payroll
Records
T+3 ** 29 CFR
516.5
29 USC 436
Payroll records
Federal & State
Employment Tax
Records
AU+5 26 CFR
31.6001-1
Tax records
I-9 Forms -
Employment
Verification forms
T+3 ֍ 8 CFR
274a.2
(b)(2)(i)(A)
INS Regulations; INS
verification forms
MOU Negotiation Life of
Union
Relation
ship
֍ Contracts and Memoranda
of Understanding
Payroll Check & Direct
Deposit Registers
T+3 ֍ 29 CFR
516.5
Registers
PERS Employee
Deduction Reports
T+4 GC 34090;
CAC 22-1085-
2 Deduction reports
PERS Retirement
Reports
P ֍ Retirement reports
Recruitment T+4 GC 12946;
GC 6250 et
seq; 29 CFR
1602
et seq;
29 CFR
1607;
49*
REQUIRED:
GC 12946, 4-
year
minimum (all
personnel/
HR
Applications, resumes,
alternate lists/logs, indices;
examination materials;
examination answer
sheets; job bulletins;
eligibility; electronic
database, reference
checks, affirmative action
forms
*USC 2000(e)-8; 2000c-12
Recognition Programs T+4 ֍ GC 12946
REQUIRED:
GC 12946,
4-year
minimum (all
personnel/H
R
Criteria, awardees,
sponsors
Time Transaction
Reports- Payroll Copy
CU+2 Employee timesheets
Voluntary Deduction
Reports
T+3 Salary records
W-2s AU+4 GC 34090
29 CFR
6001.1(e)(1)
4 years after tax is due or
4 years after tax is paid,
whichever is
later
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
SAFETY AND LOSS PREVENTION
Departmental Reports CL+5 ֍ OMS 1220-
0029:29
CFR
1904.4;
8 CCR
§14300.33
Federal OSHA, CAL
OSHA, Loss Analysis
Reports, Safety
reports, Actuarial
reports
Vehicle Accident
Review
CL+5 PC 832.5 Investigation of employeeinvolved vehicle accidents and actions
Material Safety &
Data Sheets
AC+2 2 years after MSDS sheets
are updated or 2 years
after materials are no
longer stored
Safety Training
Records
CU+2 ֍ Class training materials,
sign-in sheets, handouts,
etc.
Safety Committee CU+2 ֍ 29 CFR
1904.2,
29 CFR
1904.6
Member lists, minutes,
agenda, information
materials, reports
Uninsured Loss claim
files T+4
֍ REQUIRED: GC
12946, 4-year
minimum (all
personnel/HR
City property damage and
recovery
Minimum retention period. Due to public safety issues surrounding law enforcement personnel, it is anticipated that certain of these records will need to be retained for a longer period, for the purpose of assisting law enforcement staffing and personnel decisions. Such decisions ensure the effective and safe provision of law enforcement, and hence, are important components of safeguarding the health, safety and welfare of the community. To that end, the Chief of Police shall retain discretion to extend the retention period beyond this minimum for any such record(s) in order to meet these goals. Handling and retention of police personnel records shall also be subject to the provisions of the Public Safety Officers Procedural Bill of Rights (Gov.
Code, § 3300, et seq.), which shall supersede any inconsistent provisions in this Manual or otherwise.
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
INFORMATION TECHNOLOGY
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Data Tapes backups CU+2 GC 34090.7
Best practice
Tapes of daily
backups
System Configuration
and Network Diagrams CU+5 ֍ GC 34090Best practice
Diagrams/configs for
servers, network,
firewalls
Security Logs (firewall,
VPN, access) CU+2 ֍ GC 34090.7Best practice
Electronic security
and access logs
Applications/System
Logs – Key Business
Systems
CU+2 ֍ GC 34090.7 Logs for finance,
HR/payroll, utility
billing, permitting,
etc.
Email Archives
(general user
mailboxes)
CU+2 ֍ GC 34090.7 Email retained under
City email policy
(non-case records)
IT Help Desk/Ticketing
Records
CU+3 ֍ GC 34090 Requests, incidents,
and resolutions
Software License
Agreements & Support
Contracts
T+7 ֍ GC 34090 Inventory of servers,
workstations, mobile
devices, network
gear
IT Hardware Asset
Inventory
CU+4 ֍ GC 34090.7 Change
tickets/approvals for
systems and
applications
Change Management
Records (patches,
releases)
CU+4 ֍ GC 34090 Change
tickets/approvals for
systems and
applications
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
PLANNING
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
BUILDING DIVISION
Address Assignment ֍ Assigned address number
Address Change ֍ Change address number
Address Correction ֍ Correction to address
number
Annexation case files ֍ GC 34090(a) Reports, agreements, public
notices, correspondence
California Code of
Regulations
P California Family of Codes
(Title 24)
Certificates of
Occupancy
L+2 ֍ Completion of a
commercial building.
Certificates run life of a
building
Permits P ֍ GC 34090(a);
H&S 19850
Permits issued for building,
electrical, plumbing,
mechanical and engineering
Plan Review Files &
Supporting
Documents
for Commercial
Buildings
P ֍ 24 CCR
107.5
Miscellaneous
materials
preceding final
permit
Commercial Plans P ֍ GC 34090(a);
H&S 19850;
Replaced by
State
Assembly
Plans issued for building,
electrical, plumbing,
mechanical and
engineering
Plans for Single
Family Dwellings,
Duplex &
Triplex
CL+2 24 CCR
107.5; GC
34090
Plans issued for building,
electrical, plumbing,
mechanical and
engineering
PLANNING COMMISSION
Agendas CU+5 ֍ Commission, sub-committee
agendas
Staff Reports CU+2 ֍ GC 34090; Documentation received,
created and/or submitted to
Commissions
Notices for Meetings CU+5 ֍
Public Comment &
Speaker Cards
CU+2
Commissioner
Information
T+5 ֍ Appt., resignations, misc.
correspondence
Misc. staff
reports/memos
CU+2 Reports/info not related to a
specific case
MISCELLANEOUS PLANNING
Temporary Use
Permits
AC+2
Admin. Use Permits P ֍ GC 34090(a) Permit granted by Comm Dev Director
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
PLANNING
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Conditional Use
Permits
P ֍ GC 34090(a)
H&S 19850
Minor Deviation
Variances
P ֍ GC 34090(a)
Variances P ֍ GC 34090(a)
Determination of
Similarity
P ֍ GC 34090(a)
Development Review P ֍
Zone Changes P ֍ GC 34090(a)
H&S 19850
Tentative Tract Maps P ֍ GC 34090(a)
H&S 19850
Tentative Parcel Maps P ֍ GC 34090(a)
H&S 19850
Special Event Permits AC+2
Banner permits T+2 GC 34090 Permits allowing
businesses to display a
banner for a special
event related to the
business
Sign permits T+2 GC 34090 Permits allowing the
display of business signs
on miscellaneous
businesses
Film permits T+2 GC 34090 Permits allowing filming on
property located within the
City
Recreational Vehicle
Permits
AC+2
Wireless
Communication
Facility Permits
AC+2
General Plan &
Elements,
including
Amendments
P ֍ Includes Sphere of
Influence
Code Amendments P ֍ GC 34090(e)
MISCELLANEOUS FILES
Fax files copies CU+2 Items that have been
faxed from Dept.
Chronological Files I
Correspondence
CU+2 Non-case related
correspondence
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
POLICE
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
ADMINISTRATIVE
ABC Licenses AC+2 Alcohol Beverage Control
Alarm Activation
Incidents
CU+2 ֍ Retained in the alarm data
base indefinitely. Hard copy
destroyed after 1 year
Alarm Permits P ֍ Retained in the alarm data
base indefinitely. Hard copy
destroyed after 1 year
Background
Investigation - Hired
T+2 GC 12946
Background
Investigation - NonHired
CL+2 GC 12496
Grants/Audits/
Successful
Applications/Program
Rules and Regulations
AU+3 2 CFR
200.333
CFR Requirements for
Individual Grants to Local
Governments are 3-5
years depending on Grant
Internal Affairs
Investigations - Annual
Reports to the State
CL+5 GC 34090
Internal Affairs
Investigation -
Citizen's Complaints
CL+5 EVC 1045
PC 832.5
State requires minimum 5
years
Internal Affairs
Investigations -
Internal Complaints
CL+5 PC 801.5 State and federal laws
require retention until final
disposition of formal
complaint; state requires 2
years after action is taken
Internal Affairs
Investigations –
Officer Involved
Death Investigations
C+25 IA involving death
Range Records of
Training and Shoots
CU+5 Sign in Sheets, Hold
Harmless, Firearms
Training Records
Range Inventory S+2 Inventory of Range
Firearms
Reports and studies of
police operations
CL+2 Operational reports/studies
Timesheets and Time
Request Slips
AU+6 See Finance Retention
Schedule
Training Files T+5
Training Attendance
Rosters, Outline
Material and
agreements
CU+2 Attendance outlines,
agreements
Volunteer Files T+2 Volunteer Files/Background
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
POLICE
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
COMMUNICATIONS
Vehicle and Radio
Equipment Logs,
Manuals and Records
T+2 Minimum 2 years.
Retained until termination
of equipment use;
manuals, instructions,
procedures
DISPATCH
Audio Recordings,
tapes, telephone and
radio communications
CU+100
DAYS
GC
34090.6(a)
With exception of
recordings used as
evidence/litigation or
potential claims shall
be preserved for 100
days after conclusion
of court action
INVESTIGATION
Asset Forfeiture
– Proceeding
and
Documentation
CL+2
Detective Investigative
Files - Homicides
P PC 799
Intelligence Files Inactive
+5
Sex Registrant Files P PC 290 Permanent or Registrant
Deceased
JAIL
Daily Synopsis CU+2 Shift Inspections by
Supervisor
Daily Transportation
Logs
CU+2 Daily transportation
Inspection Files CL+2 Inspection by various
Agencies
Surveys - statistics of
arrests, escapes and
unusual occurrences
CU+2 Prepared monthly,
quarterly and
annually and
forwarded to California
Standards Authority
Video Recordings:
Jail Monitoring
CU+1 GC
34090.6(c)
Recordings used as
evidence, litigation or
potential claims shall
be preserved for 100
days after conclusion
of court action
PATROL
Daily Roster and
Assignments
CU+2 Stored in Records
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
POLICE
Records Series Title City
Retention
Policy
Virtual Statutory
Requirement
Description
Recordings: Mobile
Video System
(MVS) in Vehicle
CU+1 GC
34090.6(c)
Not including Video
determined to be
evidence
Video Recordings:
Front Desk, Public
Areas and Parking
Lot monitoring
CU+1 GC
34090.6(c)
With exception of
recordings used as
evidence/litigation or
potential claims shall
be preserved for 100
days after conclusion
of court action
Body Worn Camera
Audio and Video
(Evidentiary)
CL+2 PC
832.18(b)
Incidents involving use of
force, officer-involved
shooting, incidents that
lead to detention or
arrest, relevant to a
formal or informal
complaint against a law
enforcement officer or
law enforcement agency,
or relevant to a criminal
prosecution
PROPERTY & EVIDENCE
Evidence Disposition
forms and Court
Disposition forms
Property and Evidence
sheets
CL ֍ Attached to hard copy of
property report and
scanned with electronic
file in records when no
longer needed or case
closed
Video Recordings:
Property and Evidence
Video Monitoring
CU+1 GC
34090.6(c)
Routine Video Monitoring
RECORDS
Annual Policy Review
Forms
CU+5
Audio Recordings,
tapes, telephone and
radio communications
CU+100
days
GC
34090.6(a)
With exception of
recordings used as
evidence/litigation or
potential claims shall
be preserved for 100
days after conclusion
of court action
Stolen Vehicle Reports
(CHP 180)
CU+10 ֍ DOJ Requires 10-year
retention
in Database
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
POLICE
Records Series Title City
Retention
Policy
Virtual Statutory
Requirement
Description
Citations Hardcopies CU+2 Including moving and
parking violations
Court Tracking System CU+2 Subpoena database
containing subpoena
number, officer name,
case number, defendant
information and status
Criminal History Files CU+2 Maintained for Audits
Daily Patrol Rosters CU+2
District Attorney
Prosecution and
Discovery Request
CU+2 ֍
Field Investigation
Cards
CL+2
Fingerprint Applicants
Files
CU+2 Paperwork authorizing
fingerprinting and
background
checks for
Impounded Vehicle
Logs
CU+2
Incident Reports:
Arrest, Sealed
Reports
Court
Order/
Date of
Arrest+3
֍ PC 851.8 Upon petition and court
order records must be
destroyed after 3 years
from date of arrest
Incident
Reports: Arrest,
Sealed
Reports/Juveniles
Order/
Sealing
Date+5
֍ WIC
826(a)&(b)
Upon petition and Court
Order records must be
destroyed after 5
years from Sealing Date
Incident Reports:
Felonies (Capital
Crimes)
P ֍ PC 799 All Capital Crime
Reports retained
permanently
Incident Reports:
Felony/Aggravated
Sex Crimes
P ֍ PC 290, 800
Incident Reports:
Firearms Lost or
Stolen/not recovered
P ֍ DOJ DOJ requires
retention permanent
if not recovered
Incident Reports:
Missing Persons/found
CU+2 ֍
Incident Reports:
Missing Persons/not
found
P ֍ DOJ DOJ requires
retention permanent
if not found
Incident Reports: NonCriminal
CU+2 ֍ Does not involve
identifiable
property
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
POLICE
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Non-evidentiary data CU+60
days
PC
832.18(b)
Including video and audio
recorded by body-worn
camera
Notice of mental
health detainee
release or
notice of
nondetainment
CU+2 W&I 5152.1
Officer Subpoenas CU+2 ֍
Permits and Expired
Business Licenses -
Vendors (taxi,
massage therapist,
swap meet, etc.)
T+2 Receipt required by
Section 21663 of
the Business and
Professions Code
Press Releases CU+2
Registrants: Arson
(Adults and Juvenile)
P PC 457.1 Unless Court Order to
Seal Juvenile Record
Registrants: Narcotic P H&S
11590,
11594(a)
Unless no longer required
to register+5 years
Repossession
Reports/Private
Property Towed and
Stored
C +30
DAYS
Restraining Orders T+30
days
Statistical Reports
submitted to DOJ:
Uniform Crime
Reports (UCR),
Homicide Report, etc.
CU+2 Reports are submitted
monthly to Department of
Justice (DOJ)
Traffic Collision
Reports
CU+2 ֍
Traffic Collision
Reports/Fatal
CU+2 ֍
TRAFFIC
Parking and Impound
Hearings
CU+2 ֍
Radar Calibration
Records
T+2 Retained until calibration
certificate expires
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
PUBLIC UTILITIES
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
ADMINISTRATIVE
Applications CU+2
Reports & Studies,
Special City
CU+2
Correspondence,
memos, letters
CU+2
Equipment Manuals AC+2 Keep as long as manual is
current and pertinent to
equipment
Grants L+2 Maintain for life of the
grant plus 2 years
Legal Issues/
Claims/Lawsuits
CL+2 Dept. may destroy 2 years
after close of litigation or
claim
Logs CU+2
Photographs,
Department/City
Related
CU+2
Work Orders/Service
Orders
CU+2
FINANCIAL
Billing Documents &
Receipts
CU+2
Capital Project
Records
P ֍ GC
34090(a)
Retain for life of structure
Invoices, Demands,
Requisitions, Purchase
Orders (copies)
CU+2
Reports, Financial CU+2
Requests (CC&Rs) CU+2
COMMUNICATIONS
Contract
Administration
T+3 Until contract termination;
3 years after termination
Reference Information,
Other Agency
S ֍ Destroy after 2 years or
when superseded,
whichever is longer
Regulations & Policies S+2 ֍ Destroy after 2 years after being superseded
Special City Reports &
Studies
P ֍ Permanent for
research and
historical value
Cal OSHA AC+5 8 CCR
14300.33
Citations - Permits to
operate liquefied
petroleum gas tanks and
air pressure tank
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
PUBLIC UTILITIES
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
DMV Pull Program
Department of Motor
Vehicles
CL+7 GC 12946,
CA 91009;
8 USC
1324(a)
Employee's driver license
Information
Health & Welfare CL+12 ֍ 40 CFR
141.91
Annual water quality
reports
Lead and Copper
Testing
CL+12 ֍ 40 CFR
141.91
Water testing chemical
analysis
MISCELLANEOUS
AQMD-Air Quality
Mgmt. Dist.
AC+7 CCP
338(k)
Permits, emissions
reports, annual fees,
regulations, and
updates
Storm Water Permits P ֍ 40 CFR
122.28
Annual storm water
reports and lab results
Vehicle Reports S ֍ Smog and yearly
inspections
SOLID WASTE MANAGEMENT
City Master Plans P ֍ Permanent for research
and historical value
Program Reference
Information
T+2
Recycling Program
Documents
S+2
Receipts & Contractor
Logs; Daily Reports
and Logs
CU+2
Reference Information,
Other Agency
CU+2 Destroy after 2 years or
after no longer relevant,
whichever is later
UNDERGROUND UTILITIES
Conversion District
Records
P ֍
Deferments & Waivers P ֍
General
Correspondence
CU+3
Reference Information,
General
CU+3
Regulations & Policies,
City
P ֍ Permanent for research
and historical value
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
PUBLIC WORKS
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
ADMINISTRATIVE
CIP Plans P ֍ Drawings of
construction
including CIP (i.e.,
streets, sidewalk,
curbs, gutters, storm
drains, etc.)
CIP Projects List P ֍ Approved CIP projects for
each fiscal year
CIP Project Files CL+10 ֍ Includes: original
contract, specs, bid
documents;
correspondence between
contractor and City,
change orders, progress
payments, performance
bonds, staff reports,
notice of completion,
proof of publication
Certificates of
Compliance
L GC
34090(a)
Certificate of Compliance
which affect real property
Complaint Log Book CL+2 ֍ Complaint Form (twopart NCR forms) maintained in the
Complaint Log Book
Congestion
Management System
CU+2 GC
34090(d)
Updated yearly
Construction Tracking
Daily
CU+2 CCR
337.15
Daily tracking of field
construction
County of Merced
Auditor- Controller
P ֍ Pertaining to tax
assessments
County of Merced
Resource
Management Dept. -
Industrial
Waste-water
Discharge
Regulations/Permits
CU+2 Authorization to
discharge into the
sewer
Curb Address Painting CU+5 For reference
Fee & Charge
(revenue)
CU+2 Engineering
fees/schedules
including, development
impact fees
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
PUBLIC WORKS
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
General Subjects CL+5 Internal working files
including correspondence,
not part of a Capital
Improvement Program
project file
Grant of Easement
- Miscellaneous
P ֍ Approval of various
grants of easements
Grants - Federal/State
• Approved
• Denied
CL+10
CL+7
OMB
Circular A110
Supporting documents -
applications, reports,
contracts Federal: FEMA,
DOT, TEA 21,
CDBG, FAU; State:
Prop A, Prop C, Gas
Tax
Maintenance Work
Orders
CU+2 Copies of work order
requests
Plan Reviews - Maps,
Plans, Drawings,
Exhibits, Photos
L ֍ GC
34090(a),
34090.7
H&S 19850
Maintain for life of
building/structure; Zoning,
tentative subdivision,
parcel, land use map,
aerial photos, specific
plan; Sewer/Water
Development
Pavement
Management
System Certification
CU+5 Annual certification with
MTA
for funding
Routes, school bus &
trucks
S+2 Truck Routes, access
ramps
Sewer Connections P ֍ Work file, staff reports -
not
including permits
Merced Resource
Management Dept.
- General
CU+2 General correspondence
between City and County
of Merced
Merced Resource
Management
Dept., Division of
Public Works -
General
CU+2 General correspondence
between City and County
of Merced
Soil Reports P ֍ Final report
Slope Failures CU+10 Various citywide slope
failures
Standard specs for
Public Works
Construction Book
S+2
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
PUBLIC WORKS
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Street Vacations,
Easements,
Dedications
P ֍ GC 34090(a) Relinquishment of right-ofway
Surveys P ֍ GC 34090(a) Recording data & maps;
corner records; locate
property corners/
monuments; centerline
ties
Trash Services -
General
CU+2 GC 34090 Ongoing file including
memos, staff reports, etc.
US Dept. of Housing &
Urban
Development
(HUD)
CU+5 Semi-annual Labor
Standards
Enforcement Report
Vehicle Code Book S+2 Traffic regulations
MAINTENANCE DIVISION
Agreements/Contracts
1. Executed
2. Unsuccessful
bidders
T+5
CU+2
CCP 337.2343
GC 53066
Equipment
Specifications
CU+7 Specifications for bidding
on
equipment & vehicles
Lead and Copper
Testing
CU+12 ֍ 40 CFR
141.91
Water testing chemical
analysis
State Water
Resources Control
Board Underground
Storage Tank
Cleanup Fund
P Correspondence,
forms for
reimbursement for
removal of
underground storage
tanks
Project Cost Sheets CU+5 Cost of repairs for
damaged City property.
Safety Training CU+7 Employee safety training
materials, sign in sheets,
etc.
Work Management
Requests
CU+2 Service requests from
residents & City
employees
Work Orders CU+2 Daily Maintenance work
orders - details complete
work day for each
employee
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
PUBLIC WORKS
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
UNDERGROUND STORAGE TANKS/HAZMAT
Clarifier CU+5 Cleaning records,
inspection reports
Hazardous Materials
Permits/Storage
P Fees/waste surcharge
fees
Hazardous
Materials Report -
Edgewood
Pool
P Hazardous material -
State reporting forms
HAZMAT
(Hazardous Materials)
CU+7 Manifests - miscellaneous
hazardous materials
Underground Storage
Tanks
P GC
34090(a)
Plans/specifications &
annual
test certification
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
RECREATION
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Class Registration CU+2 List of classes &
participants
Contract Instructors T+2 Contract Instructors' class
information
Facility Use
Agreements
T+5 Agreements for rental of
facilities
Facilities Use-Rooms
Reservations
Applications
CU+2 Applications for
reserving meeting
rooms, diagrams,
schedules, insurance
binders, contracts.
Stored Electronic
Class
Registration Software
CU+2 List of classes,
reservations,
participants, instructors
SPECIAL EVENTS
Contracts AC+2 Misc. contracts
(instructors)
Individual Event
Information
CL+2 Vendor Info, Detailed
Event
Info.
Volunteer Records T+4 REQUIRED –
aligns with 4-
year
minimum for
applicant/
worker
records under
GC 12946
and related
retention
guidance
Volunteer Records
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
REDEVELOPMENT AND SUCCESSOR AGENCY
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
AGENCY BOARD CITY COUNCIL
Agendas,
Agency
Board/SA
(copies)
CU+5 Copies of documents
created & submitted to the
RDA/SA: includes staff
reports & minutes
Minutes, Agency
Board/SA (copies)
CU+5 Originals maintained by
City Clerk
Resolutions (copies) CU+5 Originals maintained by
City Clerk
Resolution Titles CU+30 Reference file - listing of
resolution number & title
BONDS
Bond Binders -
Development
Related
P ֍ GC 34090
(a);
CCP 337.5
Documents authorizing
the sale of bonds
(RDA/SA financial
obligation) to effectuate
the Redevelopment
Plan. Final bond
documentation
Bond Binders -
Housing
Related
P ֍ Documents authorizing
the sale of bonds. Final
bond documentation
ECONOMIC DEVELOPMENT
Economic
Development
S+2 Marketing firm information
Promotional Materials S+2 Brochures (including
Economic Profile),
CDC/RDA project flyers
(including RFQ/RFP),
City Hall Directory,
project area maps, etc.
Property Flyers CU+2 Description of various
properties (development
opportunities, and
properties for sale or
lease)
FISCAL
Audits AC+5 RDA audit part of citywide
audit contract
Federal Grants &
Awards
CL+5 OMB
Circular A110; 24
CFR
570.502
Financial records,
supporting
documents, statistical
records, and all other
pertinent records.
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
REDEVELOPMENT AND SUCCESSOR AGENCY
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Recognized
Obligation Payment
Schedule
(ROPS)
CU+2 Prepared by successor
agency – approved by
DOF
State
Grants,
Successful
CL+5 Changed to
reflect SOS
retention -
which is
minimum
retention
period
Grants, such as:
Community, Urban
Development, Recreation,
and Environmental
Development
Notes Receivable CL+5 Copies of different
agreements (i.e.,
promissory notes, small
business assistance
agreements)
Finance is primary record
keeper
LEGAL
Agreements &
Contracts (excludes
Capital
Improvement)
T+5 CCP 337.2,
343,
B&P 7042.5;
PU 7685;
48 CFR 2
GC 53066
Includes leases,
equipment, services
and supplies
Legal Opinions P ֍ Confidential, attorneyclient
privilege
PROGRAM FILES
First Time Home Buyer
Program files
P ֍ GC 34090(a) Loan recipient files,
containing pertinent loan
documents,
promissory note, work
sheets
PROJECT AREAS
Long Range
Property
Management Plan
P ֍ Contains documents
listing the agency/SA
goals &objectives for
project areas, specific
pro- posed programs
and expenditures,
explanation of how goals
and objectives will
eliminate blight and
implement the housing
requirements of the
community
redevelopment law and
notes etc.
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
REDEVELOPMENT AND SUCCESSOR AGENCY
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
PROJECTS
Appraisals CL+2 Appraisal reports
prepared for on specific
properties. Exempt until
final acquisition or
contract agreement
obtained
Disposition &
Development
Agreement (DOA),
approved
P ֍ GC 34090(a) Notes, etc., leading up
to execution of a DOA.
Contains original legal
documents
DOA, unapproved CL & 5 Since award date to
competitor
Owner Participation
Agreements (OPA),
approved
P ֍ GC 34090(a) Working file leading
up to the execution of
an OPA
OPA, unapproved CL+5
Parcel Information CU+2 Meeting notes inquiries on
property/land
Photographs & slides
(project related)
P ֍ Historical value includes
aerials;
Project Binders P ֍ Binder for each
completed Agency
project, contains all
official & original
legal documents
Project/Study AC+10 ֍ Files on possible RDA
projects
Working Files AC+5 Internal working files on
possible future projects,
includes correspondence
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
TRAFFIC
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Traffic Counts P ֍ Evaluation of traffic
volume
Traffic Signals L+2 ֍ Drawing, wiring diagrams,
codes, circuit numbers
Traffic, Miscellaneous CU+10 ֍ Misc. documents re: traffic situations and requests for
TS's
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
WATER/WASTEWATER OPERATIONS
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
ADMINISTRATIVE
Applications CU+2
Reports & Studies,
Special City
CU+2 Example: WW 2010
Headworks Project
CIP Projects List P ֍ GC 34090 Approved CIP projects for each fiscal year; Why
Permanent?? City may
choose to shorten. No
legal rule requires City to
keep these permanently
unless it is an exhibit to a
budget or resolution.
CIP Project Files CL+10 ֍ Includes: original
contract, specs, bid
documents;
correspondence between
contractor/City, change
orders, progress
payments, performance
bonds, staff reports,
notice of completion,
proof of publication
Correspondence CU+2 Includes memos & letters
Equipment Manuals AC+2 Keep as long as manual is
current and pertinent to
equipment
Grants AC+2 Maintain for life of the
grant plus 2 years; grant
may have until
audited
Logs CU+2 ֍
Photographs
(Department/City
Related)
CU+5
Work Orders/Service
Orders
CU+5
FINANCIAL
Capital Project
Records
P ֍ GC
34090(a)
Retain for life of structure
Invoices, Demands,
Requisitions, Purchase
Orders (Copies)
CU+2 ; May be CU+2 if
duplicates and if Finance
keeps originals for the full
legal period of 4 years for
tax-relevant records
Reports, Financial CU+2
COMMUNICATIONS
Contract
Administration
T+3 Through contract
termination per SOS; plus
3 years after termination
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
Reference Information,
Other Agency
S ֍ Destroy after 2 years or
when superseded,
whichever is longer
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
WATER/WASTEWATER OPERATIONS
Records Series Title
City
Retention
Policy
Virtual Statutory
Requirement Description
Regulations & Policies S+2 ֍ Destroy after 2 years after being superseded
WATER MANAGEMENT
Bacteriological Reports CU+5 Basis for 3 additional
years
Complaints &
Investigations
CL+3 3 years after settled/
closed
City Master Plans P ֍ Permanent for research
and historical value
Daily Logs & Reports CU+3
Equipment Records CU+3
Fire Hydrant Flow
Tests
CU+3
Other Agency Master
Plans
S May destroy after 2 years
or after superseded,
whichever is later
Other Agency
Reference Information
CU+2 Destroy if when no longer
relevant if older than 2
years old
Other Agency Rates,
Water
S ֍
Other
Contaminant
Reports
CU+40 ֍ * May be transferred to
Federal Environmental
Pro Agency after
10 years
Production Records,
Plans & Blue Prints
P ֍
RWQCB Permits P ֍ Permanent for research
and historical value
Sanitary Surveys CU+10 40 CFR
141.91
Service Requests,
Service/Work Orders
CU+3
Service Records CU+3
Special City Reports &
Studies
P ֍ Permanent for research
and historical value
State Approvals of
System
CU+10 GC 34090 Does the GC require the
10 years
Water Line
Construction
P ֍
WASTEWATER
MANAGEMENT
Complaints &
Investigation
CL+3 3 years after settlement or
close
Correspondence &
Memoranda
CU+3 ֍ 40 CFR
122.41;
NPDES
permit
conditions
Changed per City note;
however, per NPDES and
related rules, these
records should be kept at
least CU+3
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
Daily Logs & Reports CU+10 ֍ 40 CFR
122.41;
NPDES
permit
conditions
Would City like to change to
be same as correspondence
and memoranda CU+3?
I I I
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
WATER/WASTEWATER OPERATIONS
Records Series Title City
Retention
Policy
Virtual Statutory
Requirement Description
Maintenance Records CU+5 ֍ 40 CFR
122.41;
NPDES
permit
conditions
Retain for minimum of 5
years;
Master Plans P ֍ Permanent for
research and
historical value
Other Agency
Reference Information
CU+2 Destroy when no longer
relevant if older than 2 yrs.
Special City Reports &
Studies
P ֍ Permanent for Research
and historical value
Sewer Audits CU+3 40 CFR
122.41;
NPDES
permit
conditions
Minimum of 3 years
Sewer Availability
Reports
S Minimum of 2 years
Sewer Connection
Rights
P ֍ GC 34090(a)
Sewer Monitoring
Records
CU+3 40 CFR
122.41;
NPDES
permit
conditions
Minimum of 3 years;
Sewer
Service
Variances &
Exemptions
L+3 40 CFR
122.41;
NPDES
permit
conditions
3 years after life/
expiration of variance
or exemption
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
Definitions
Active Record. Records that are referred to on a regular basis.
Administrative Records. Records created to help accomplish the functions for which the agency is responsible and have administrative value only as long as they assist the agency in performing current or future work. Their administrative use is exhausted when the transactions to which they relate are complete, and from that point on they lose value rapidly.
Archives. A repository for housing historical Records (whether in paper, microfilm or digital) for protection and preservation.
Audit. As used in the City’s retention schedules, audit refers to the annual auditing process conducted by the City’s auditors following the close of the fiscal year, usually arranged through the Administrative Services Department.
Disposition. Refers to the allocation of Records to the selected location and storage, according to their categorization on the Retention Schedule, or for destruction.
Electronic Mail. E-mails considered Records are defined by the purpose they serve and the relevance to a Record series to which they belong. General email retention is governed by the City’s Information Security Policy.
Electronic Record. Refers to a Record stored on a hard drive, floppy disk, CD-Rom, server, storage tape, or other electronic storage medium. It includes, but is not limited to, e-mail, cell phone text messages, instant messages, or other communications, documents drafted using word processing software, digital images, digital audio, spreadsheets, and databases. Computer programs, software or licensed proprietary applications are not considered Electronic Records, but can generate Records that are subject to disclosure depending on the subject matter.
Fiscal Records. Fiscal records pertain to the financial transactions of the agency, such as the budget document, ledgers, allotments, payrolls and vouchers. After some records have served a basic administrative function, they may still have sufficient fiscal value to justify additional retention to protect the agency against court action and/or audits.
Inactive Record. Any Record that is not currently used or referred to, but is required to be maintained per the Retention Schedule.
Inventory. The process of examining records on hand to determine their function, content, and dates in order to assign retention/disposition information.
Legal Value. Records with legal value contain evidence of legally enforceable rights or obligations of the agency. Examples are records that provide the basis for action. Such as legal decisions and opinions; fiscal documents representing agreements, such as
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
leases, titles and contracts; and records of action in particular cases, such as claim papers and legal dockets.
Non-Record/Non-Public Record. Material not usually included within the definition of Records, such as unofficial copies of documents kept only for convenience or reference, working papers, appointment logs, publications, rough notes and calculations created and used in the preparation or analysis of other documents, personal correspondence, transient communications, unsolicited promotional and advertising materials. NonRecords are subject to legal holds and may be produced, even if they should have been destroyed earlier.
Original Records. The original or originally signed record. The original record may be a copy that acts as the original for the City if there is no other original on file.
Permanent Record. Records that are required in perpetuity, usually identified by statute or other written guidance.
Perpetual Records. Records retained for an indefinite period of time and then stored or destroyed after some event takes place. Examples include office personnel files which are kept until a person leaves the office, policy files kept until the policy is changed, contract files kept until the contract terminates.
Public Record. Any writing containing information relating to the conduct of the City’s business, prepared, owned, used or retained by the City regardless of physical form in accordance with Government Code Section 6252(e).
Record. Any handwritten, typewritten, printed, photostated, photographed, photocopied, transmitted by e-mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created regardless of the manner in which the record has been stored. However, documents such as rough notes, calculations, or drafts assembled or created and used in the preparation or analysis of other documents are Transitory Records or drafts, and are, therefore not Records.
Records Management. The systematic control of the creation, processing, use, protection, storage. Maintenance, and destruction of Records pursuant to federal, state and local laws and regulations.
Records Retention Schedule. The document setting forth the length of time a Record must be maintained.
RECORDS MANAGEMENT - SUPPLEMENTAL
4906-1930-9948 v4
Transitory Record. Records whose value is comparatively short-lived and should be discarded when the Record has fulfilled its purpose created. Examples include copies of material of general information; copies or documents used solely for tickler or follow-up; preliminary work materials used for preparation of reports; appointment logs/calendars; extra copies of Records.
Vital Record. Records which contain information essential for the resumption of operation after a disaster or the reestablishment of the legal and financial status of the organization.
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4906-1930-9948 v4
Citations/Regulatory References
14 Cal Code Regs
§15095(c)
2 CCR §7287 et seq
24 CFR §570.502(b)(3)
24 CFR §8.42
26 CFR § 1.148-
5(d)(6)(iii)(e)
26 CFR §1.6001-1
26 CFR 31.6001.1-4
29 CFR §1602 et seq
29 CFR §1602.31
29 CFR §1627.3(a)(5)
and (6)
29 CFR §1627.3(b)(2)
29 CFR §1627.3(b)(ii)
29 CFR §1627.3(b)(v)
40 CFR § 122.41
8 CCR §11040.7(c)
8 CCR §14307
8 CCR §3202(b)(1)
8 CCR §3203(b)(1)
8 CCR §3204(d)(1) et
seq
8 CCR §3204(d)(1)
Grant Assurance #13
CC §1351
CA Constitution Article
XIII
CFC §104.6
GC §12946 GC
§34458-60
GC §81009(b)
PC §802
CBC §1.8.4.3.1
CBC Appendix Chapter
1,108.4.3.1
H&S §19850.a-d
CC §4100
CCP §336
CCP §337
CCP §337.5
CCR §10102
CFC §104.6
CFR 516.5-516.6
CFR Part 18.42
GC §6250-6276.48
(CPRA)
EC §17200, 17400
EC §17302, 17306
EVC §1045(b)(1)
GC § 53160
GC §129446
GC §12946
GC §12946
GC §26202.6
GC §26202.6
GC §337 et seq
GC §34090 et seq
GC §34090.5
GC §343 GC §40802
GC §43900 et seq
GC §53160
GC §53235.2
GC §53753(e)(2)
GC §53901
GC §6252(e)
GC §6254
GC §81009(f)(g)
GC §911.2
GC §945
H&S §11357(a)-(e),
H&S §11361.5
H&S §11590 et seq
H&S §19850
H&S 11360(b)
H&S 11361(a)
IRC §103
IRC §6001
IRS §31.6001-1(e)(2)
LC §6429(c)
OMB Circ. SA-110
OMBA-133
PC §187, 800 et seq
PC §290 et seq
PC §290 et seq
PC §457.1
PC §597.1(d)
PC §799-805 PC
§801.5
PC §803(c)
PC §832.5
PC §832.5(b)
PC §851.8
R&T §19530
R&T §19530.29
Single Audit Act of
1984
UFC §103.34
VC §2547
W&I §781(a)-(d)
W&I §781
W&I §826(a)-(b)
Legend:
CBC: California Building Code CC-Civil Code
CCP: Code of Civil Procedures
CCR: California Code of Regulations
CFC: California Fire Code
DFR: Code of Federal Regulations
EC: Election Code
EVC: Evidence Code
GC: Government Code
H&S: Health and Safety Code
IRS: Internal Revenue Service
LC: Labor Code
R&T: Revenue and Taxation Code
UFC: Uniform Fire Code
VC: Vehicle Code
W&I: Welfare and Institution
STAFF REPORT
AGENDA ITEM: LIVINGSTON TO APPROVE A CONTRACT WITH PYRO SPECTACULAR FOR THE 2026 JULY 4rH CELEBRATION
FIREWORKS SHOW.
MEETING DATE: April 07, 2026
PREPARED BY: Jacquelyn Benoit, Recreation Superintendent REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:
Staff is seeking Council's approval for the Pyro Spectacular fireworks Contract for the 2026 July 4th Celebration.
BACKGROUND AND DISCUSSION:
In January of 2026, Council approved and directed staff to plan a July 4th Celebration ("Celebration") with a fireworks show on July 4, 2026. The Recreation Department is organizing the Celebration. Pyro Spectacular ("Pyro") informed staff that they can provide a firework show for the Celebration. Pyro has been the sole provider of our fireworks shows for, at least, 22 years.
Two other companies were contacted for a quote on the fireworks show. 0 ne said they were booked because operators were in short supply due to July 4, 2026, marks the 250th anniversary of the U.S.'s independence. The other company did not respond.
Pyro quoted the City $29,000.00 for 2,574 shells. Half of the contract amount ($14,500.00) plus permitting, stand by, and regulatory fees ($170.00) for a total of $14,670.00 is due at execution of the agreement but no later than April 1, 2026. The remaining balance is due June 19, 2026.
Pyro sent us their contract which we circulated to Central San Joaquin Valley Risk Management Authority ("RMA"). RMA requested the contract requires the below insurance coverage:
1) $5M per occurrence for Commercial General Liability coverage, 2) $5M in Auto Liability coverage,
3) $1 M in Employer's Liability and Statutory Worker's Compensation coverage, 4) Add the City as an additional insured with coverage at least as broad as CG 20 10.
Pyro agreed to amend the contract to include the requested insurance coverage.
The firework show is scheduled to begin at approximately 9:15pm on July 4, 2026, at the Max Foster Sports Complex Open Field.
FISCAL IMPACT:
The cost to fund the agreement was previously budgeted for in the current Recreation Department FY 2025/2026 operating budget and will come from account# 1125-106-4971 - 4th of July City Expenditures for $29,000.00.
ATTACHMENTS:
1. Resolution to approve a contract between the City and Pyro Spectacular for the 2026 July 4th Celebration Fireworks Show.
2. Contract between Pyro Spectacular and the City.
3. Inquiry email to Fireworks America.
2
RESOLUTION 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
TO APPROVE A CONTRACT WITH PYRO SPECTACULAR FOR THE
2026 JULY 4m CELEBRATION FIREWORKS SHOW.
WHEREAS, in January of 2026, City Council approved and directed staff to plan a July 4th Celebration ("Celebration") with a fireworks show on July 4, 2026; and WHEREAS, the Recreation Department is organizing the Celebration; and WHEREAS, Pyro Spectacular ("Pyro") informed staff that they can provide a firework show for the Celebration; and
WHEREAS, Pyro has been the sole provider of our fireworks shows for, at least, 22 years; and
WHEREAS, Pyro will provide the City a firework show consisting of 2,574 shells starting at approximately 9:15pm on July 4, 2026, at the Max Foster Sports Complex Open Field; and
WHEREAS, the total cost for the firework show is $29,000.00; and WHEREAS, a 50% deposit (plus permitting, standby, and regulatory fees) of $14,670.000 is due upon execution of the agreement or by April 1, 2026, and the balance is due June 19, 2026.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston does hereby:
1. Approves the contract between Pyro Spectaculars by Souza and the City of Livingston for 2026 July 4th Celebration fireworks show.
2. Authorizes the City Manager, or designee, to execute the contract.
3. The cost to fund the agreement was previously budgeted for in the current Recreation Department FY 2025/2026 operating budget and will come from account# 1125-106-4971 - 4th of July City Expenditures for $29,000.00.
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 07th day of April 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
By: _________ _
Jose A. Moran, Mayor
Of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
2
PYROTECHNICS
PROPOSAL
2026
PREPARED FOR:
Livingston City
DATE:
July 4, 2026
January 20, 2026
Livingston City
Jacquie Benoit
1416 C Street
Livingston, CA 95334
Subject: Proposal for your event on July 4, 2026, PROGRAM A for $29,000.00 Pyrotechnics/Theatrical: Close Proximity 0Display Fireworks Special Effects: Spark Machines Flames
Confetti Streamers Lights
Drones: □ Light Animations □ Accents
Dear Jacquie Benoit,
□ Firecrackers
CO2 Cryo Jets
Foggers
Pyro Spectaculars, Inc. is delighted to present our proposal for the full-service custom-designed PROGRAM A for the production of your upcoming event. We are confident that our production capabilities and crew experience will result in the display of an unforgettable experience for your audience.
Enclosed you will find three important documents that outline our PROGRAM A proposal in detail:
1. Product Synopsis - Proposal: Provides the specifications of the devices and products to be used in your event.
2. Production Agreement: Presents the terms and conditions for the production of your event, including engagements, duties, and payment dates and amounts.
3. Scope of Work: Outlines the responsibilities and services to be provided by both Pyro Spectaculars, Inc. and Livingston City that will be necessary for the execution of the production of your event, along with insurance limits and requirements.
To secure your program , return the fully executed Production Agreement, and initial payment to our office by the PRICE FIRM date, April 1, 2026. Please note that program availability, pricing, and show date may be subject to change if these are not timely received.
If you have any questions, or wish to discuss your program in detail, please do not hesitate to contact either myself or your dedicated Customer Service Representative, Jacky Becerril, at (909) 355-8120, extension 234.
Sincerely,
Pyro Spectaculars, Inc.
Jennifer Waite, Show Producer
(JB)
Pyro Spectaculars, Inc.
P.O. Box 2329, Rialto, CA 92377 • Phone: (909) 355- 8120 • Fax: (909) 355-9813
Pyrotechnics Proposal
Livingston City
PROGRAM A - July 4, 2026
$29,000.00
Main Body -Aerial Shells
Description
♦ 3" Souza Designer Selections
♦ 4 Souza Designer Selections
Quantity
200
150
Total of Main Body - Aerial Shells 350
Pyrotechnic Devices
Description
♦ Platinum Line Custom Multishot Device
♦ Diamond Line Custom Multishot Device
♦ Pro-formance Mulitshot Device
♦ Emerald Line Custom Multishot Device
♦ Silver Line Custom Multishot Device
Quantity
300 Shots
446 Shots
332 Shots
859 Shots
100 Shots
Total of Pyrotechnic Devices 2,037
Grand Finale
Description
♦ 2.5" Souza Designer Bombardment Shells
♦ 3" Souza Designer Bombardment Shells
♦ 4" Souza Designer Bombardment Shells
Quantity
72 85
30 Total of Grand Finale 187
Grand Total 2,574
Product descriptions are for specification of product quality, classification, and value.
Final product selections will be based on availability, suitability, and overall artistic style.
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
PRODUCTION AGREEMENT
Livingston City
Program A
July 4, 2026
Pagelof4
This agreement ("Agreement" ) is made this ____ day of-----~ 2026 by and between Pyro Spectaculars, Inc. , a California corporation, hereinafter referred to as ("PYRO"), and Livingston City, hereinafter referred to as ("CUENT"). PYRO and CLIE'-IT are sometimes referred to as "Party" or collectively as "Parties" herein.
I. Enoaoement - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production"), and PYRO accepts such engagement upon all of the promises, terms and conditions hereinafter set fo rth. The Production shall be substanti all y as outlined in Program "A", attached hereto and incorporated herein by this reference.
l. l PYRO Duties - PYRO shall provide all pyTOtechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for specific pyrotechnic permits (the cost of which , including standby fees, shall be paid by CLIE'-IT) relating to the Production, insurance covering the Production and the other things on its part to be performed, including preproduction services, all as more specificall y set fort h below in this Agreement and in the Scope of Work ("Scope of Work"), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set forth full y herein.
1.2 CLIE:--IT Duties - CLIENT shall provide to PYRO a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph 6 hereof, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to PYRO 's reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIEt\iT, including, but not limited to, access, use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors.
2. Time and Place - The Production shall take place on Julv 4. 2026, at approximate ly 9:15 P:vt:, at "lax Foster Sports Complex Open Field field due South of Sports Complex Livingston, CA, Site.
3. Fees. Interest, and Expenses -
3.1 Fee - CLIENT agrees to pay PYRO a fee of S29.000.00 USO (TWENTY-NINE THOUSAND DOLLARS) ("Fee") for the Production.
CLIENT shall pay to PYRO an initial payment (" Initial Payment") equal to 50 % of the Production Fee Sl4.500.00 USD (FOURTEE~ THOUSAND FIVE HUNDRED DOLLARS) plus estimated permit and standby fees, and other regulatory costs approximated at $170.00 OR an amount to be determined, fo r a total of Sl4.670.00 upon the execution of this Agreement by both parties but no later than April 1. 2026. The Initial Payment is a partial payment toward the preproduction services and costs set forth in the Scope of Work ("Preproduction Services and Costs".) The balance of the Fee shall be paid no later than June 19, 2026. CLIENT authorizes PYRO to receive and verify credit and financial information concerning CLIENT from any agency, person or entity including but not limited to credit reporting agencies. The "PRICE FIR.NI" date, the date by which the executed Agreement must be delivered to Pyro, is set forth in paragraph 20. 3 .2 Interest - 1n the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1.5% interest per month or 18% annually on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection with the litigation, including, but not limited to attorneys' fees.
3.3 Expenses - PYRO shall pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic products, pyrotechnic equipment, experi enced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items outlined as CLIENT's responsibility in this Agreement and Scope of Work.
4. Proprietary Riohts - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO does not own CLIENT-owned material or third-party-owned material that has been included in the Production, and as to such CLIENT-owned and third-partyowned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the Production, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIENT-owned material and third-party-owned material and shal l not be responsible in any way fo r such material. If applicable, CLIENT consents to the use of CLIENT-owned material and represents that it has or will obtain any permission from appropriate third parties sufficient to authorize public exhibition of any such materi al in connection with this Production. PYRO reserves the ownership rights in its trade names that are used in or are a product of the Production. Any reproduction by sound, video or other duplication or recording process without the express written pern1ission of PYRO is prohibited.
5. Safetv - PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures consistent with recognized applicable industry standards and practices. At all times before and during the Production, it shall be within PYRO's sole discretion to detem1ine whether or not the Production may be safely discharged or continued. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of PYRO.
6. Securitv - CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals other than those authorized by PYRO from entering an area to be designated by PYRO as the area for the set-up and discharge of the Production, including a fa llout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safel y fall. PYRO shall have no responsibility for monitoring or controlling CLIENT's other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associated with the Production.
7. Cleanup - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any li ve pyrotechnic debris made nec essary by PYRO. CLIENT shall be responsible for any other clean up which may be required of the Production or set-up, discharge and fa llout areas including any environmental clean-up.
PSI V-202 1-2
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 ::: : Fax: 909-355-98 13
Livingston City
Program A
July 4, 2026
8. Permits - PYRO agrees to apply fo r permits fo r the firing of pyrotechnics only from the Merced County Fire Department, FAA, and USCG, if required. CLIENT shall be responsible fo r any fees associated with these permits including standby fees. CLIENT shall be responsible for obtaining any other necessary permits, paying associated fees, and making other appropriate arrangements fo r Poli ce Departments, other Fire Departments, road closures, event/activity or land use permits or any permission or permit required by any Local, Regional, State or Federal Government.
9. Insurance - PYRO shall at all times during the performance of services herein ensure that the fo llowing insurance is maintained in connection with PYRO's perfo rmance of this Agreement: (I) commercial general liability insurance, including products, completed operations, and contractual liability under this Agreement; (2) automobi le li ability insurance, (3) workers' compensation insurance and employer li ability insurance. Such insuranc e is to protect CLIENT from c laims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement, onl y. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT's negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIE:JT.
The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certificates of insurance evidencing the required general liability coverage shall be furnished to CLIENT prior to the rendering of services hereunder and shall include that the following are named as additionally insured: CLIENT; Sponsors, Landowners, Barge Owners, if any; and Permitting Authorities, with respect to the operations of PYRO at the Production . Pyrotechni c subc ontractors or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurance coverage with respect to their respective operations and services.
I 0. Indemnification - PYRO represents and warrants that it is capable of furnishing the necessary experi ence, personnel, equipment, materials, prov iders, and expertise to produce the Production in a safe and pro fessional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify, hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, li abilities and expenses, including but not limited to, attorney and other professional fee s and court costs, in connection with the loss of li fe, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or employees. CLIENT shall indemnify, hold harmless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party.
11. Limitation of Damages for Ordinarv Breach - Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in performing the Production provided for herein, CLIE:JT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages for loss of income, business or profits.
12. Force :vlajeure - CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. [f, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or at the scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (i) reschedule the Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based upon when the Production is canceled.
13. Rescheduling Of Event - If CLIENT elects to reschedule the Production, PYRO shall be paid the original Fee plus all additiona l expenses made necessary by rescheduling plus a 15% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5 days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration avai lability of permits, materials, equipment, transportation and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July 15th unless the original date was July 4th of that same year, or between December 15th and January 15th unless the original date was December 31st of the earli er year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods.
14. Right To Cancel - CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. [f CLIENT exercises this option, CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Fee as set forth in Paragraph 3. I. I) 50% if cancellation occurs 30 or more days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) I 00% thereafter. in the event CLIE:JT cancels the Production, it will be impractical or extremely difficult to fix actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if CLIENT cancels the Production.
15. No Joint Venture - It is agreed, nothing in this Agreement or in PYRO's perfonnance of the Production shall be construed as formin g a pa11nership or joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor with CLIENT and not an employee of CLIENT. The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly provided for herein.
16. Applicable Law - This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California.
It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. In the event that the scope of the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are enforceable.
17. Notices - Any Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as fo llows: PYRO - Pyro Spectaculars, inc ., P.O. Box 2329, Ri alto, California, 92377, or for overnight delivery to 3196 K.
Locust Avenue, Rialto, California 92377. CLIENT- Livingston Citv, 1416 C Street Livingston, CA 95334.
PSI V-2021-2
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
Livingston City
Program A
July 4, 2026
18. Modification of Terms - All terms of the Agreement are in writing and may only be modifi ed by written agreement of both Parties hereto. Both Parti es acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.
19. Severabilitv - If there is more than one CLIENT, they shall be jointly and severally responsible to perform CLIENT's obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in severa l counterparts, including faxed and emailed copies, each one of which shall be deemed an original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and assigns.
20. Price Firm - If any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT and delivered to PYRO on or before the PRICE FIR.l\tl date shown below, or if the Initial Payment is not paid on or before the due date, then the price, date, and scope of the Production are subj ect to review and acceptance by PYRO for a period of 15 days following deli very to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void.
PRICE FIRM through April 1, 2026
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DA TE.
See PRICE FIR'.\11 conditions, paragraph 20, above.
EXECUTED as of the date first written above:
PYRO SPECTACULARS, INC. Livingston City
By:-------------------
Its: Vice President Its: ______________________ _
Date: 1/19/26
Print l\ame
Date:
SHOW PRODCCER: Jennifer Waite
PSI V-2021-2
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8 120 :::: Fax: 909-355-9813
SCOPE OF WORK
PYRO SPECTACULARS, INC. ("PYRO")
and
Livingston City
("CLIENT")
Pyro shall provide the following goods and services to CLIENT:
Livingston City
Program A
July 4, 2026
• One Pyro Spectaculars, Inc. , Production on Julv 4. 2026, at approximately 9: 15 PM at Max Foster Sports Complex Open Field, field due South of Sports Complex, Livingston. CA. • All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Preproduction Services and Costs for the Production, including advance acquisition of materials and products; design, engineering, programming, handling, staging, storage, and maintenance of products, props, and systems; preparation of drawings, diagrams, listings, schedules, inventory controls, choreography, and computer code; picking, packing, labeling, staging, and loading of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles, including legally mandated insurance, including MCS90 explosives transportation coverage, parking, security, and maintenance .
• Application for specific pyrotechnic permits relating to the Production. • Insurance covering the preproduction and Production as set forth in the Agreement with the following limits:
Insurance Requirements
Commercial General Liability
Business Auto LiabilitvOwned, Non-Owned and Hired Autos Workers' Compensation
Employer Liability
Limits
$5 ,000,000.00
$5 ,000,000.00
Statutory
$1 ,000,000
CLIENT shall provide to PYRO the following goods and services:
Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Per Occurrence
• All on-site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT.
• Coordination and any applicable non-pyrotechnic permitting with the local, state or federal government that may hold authority within the Production.
• Costs of all permits required for the presentation of the Production and the event as a whole. • Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all set-up and load-out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone. • General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary
PSI V-2021-2
Jacquie Benoit
From:
Sent:
Jordan Hunter <[email protected] >
Thursday, February 26, 2026 8:48 AM
To: Jacquie Benoit
Subject: Re: Livingston Fireworks
I External Uordan. [email protected])
Gray mail Spam Phish More ... Quarantine Allow & Block
You don't often get email from jordan.hunter(cl)firewor:k.samerica.com. Learn why this is important Unfortunately due to increased requests this year we are booked for July 4th. I am not sure if you have another vendor you have worked with previously, but this year is insane for the fireworks industry. Speaking with some other companies, I know they are booked this year and have a shortage of operators to discharge the fireworks.
If there is anything I can assist you with please let me know. If you are open to some other dates we could possibly make that work. Thank you!
On Thu, Feb 26, 2026 at 8:16 AM Jacquie Benoit <[email protected]> wrote:
Good Morning Jordan,
We have had shows in the past and we are not open to other dates. Our community has made it very clear to us they want a show on the 4th of July not before or after=).
Thank you for your quick response,
Jacquie Benoit
From: Jordan Hunter <[email protected]> Sent: Wednesday, February 25, 2026 10:27 PM
To: Jacquie Benoit <[email protected]>
Subject: Livingston Fireworks
You don't often get emai l from [email protected]. Learn why this is important Hi Jacquelyn,
My name is Jordan Hunter with Fireworks America . lam the Central Valley Manager for our company. I received an inquiry from our main office regarding fireworks for July 4. I did have a couple questions for you, have you guys done a show in the past? Also, are you guys open to other dates around that timeframe? Please let me know. Thank you. Also feel free to reach out to me on my cell phone 559-907-2646. Thank you.
Jordan Hunter
Central Valley Manager
Fireworks & Stage FX America
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Jordan Hunter, Central Valley Manager
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2
STAFF REPORT
AGENDA ITEM: Introduce and Waive the First Reading of An Ordinance of the City Council of the City of Livingston Amending Chapter 2-4, of Title 3 of the Livingston Municipal Code Related to Sidewalk Vending, and Schedule a Second Reading for April 21, 2026
MEETING DATE April 7, 2026
PREPARED BY: Maria S. Sullivan
REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:
Staff recommends that the City Council introduce and waive the first reading of an Ordinance of the City Council of the City of Livingston Amending Chapter 2-4, of Title 3 of the Livingston Municipal Code related to Sidewalk Vending and schedule a second reading for April 21, 2026.
BACKGROUND:
In 2018, California enacted the Safe Sidewalk Vending Act (SB 946), which decriminalized sidewalk vending and required cities to adopt reasonable, objective time-, place-, and manner regulations directly related to public health, safety, or welfare. In 2022, Senate Bill 972 amended state law by modifying health-code requirements applicable to sidewalk food vendors to reduce regulatory burdens and improve compliance pathways. In 2025, SB 635 further amended statutes related to sidewalk vendors by, in relevant part, restricting local governments from obtaining criminal histories, fingerprints, or background checks as part of an application for a permit or license.
On August 6, 2024, the City Council approved Ordinance No. 656 to repeal and replace this same chapter as it pertained to “itinerant vendors.” Itinerant vendors were broadly defined to include any person who set up a temporary stand or uses a portable cart or motor vehicle for the purpose of selling products. Because California cities can regulate sidewalk vendors differently from other types of vendors, such as food truck vendors, the City’s current itinerant vendor ordinance has become inconsistent with state law. The regulations also need clarification due to difficulties in enforcement, vendor confusion, and concerns about safety and sanitary conditions.
This proposed Ordinance relates specifically to Non-Motorized Vendors (also known as Compact Mobile Food Operations), defined under the Cal. Retail Food Code as “a food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, showcase, rack, or otherwise nonmotorized conveyance.” This ordinance does not apply to Food Trucks or other similar motorized forms of food vendors.
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Accordingly, staff recommends amending the City’s existing itinerant vendor ordinance to update the title, definitions, permit application process, and operational standards to ensure statutory compliance while preserving local public-safety controls.
ANALYSIS:
1) Compliance with State Law.
The amendment generally realigns and reorganizes current regulations to apply specifically to sidewalk vendors. This was done by revising the definitions to mirror statutory language in the Government Code and Health and Safety Code. The amendment also revises the permit application process to eliminate background checks, fingerprinting, and inquiring into an individual’s criminal history.
2) Updated Permitting and Appeal Process
The amendment clearly outlines the necessary vendor permits and licenses under local and county requirements. It also streamlines the appeal process to be more efficient. 3) Time, Place, and Manner Restrictions
The amendment includes updated time, place, manner restrictions such as prohibiting vending within certain distances of farmers’ markets or special events.
ENVIRONMENTAL ANALYSIS:
This action is exempt from the California Environmental Quality Act (“CEQA”) because it does not qualify as a “project” pursuant to Public Resource Code Section 21065 and CEQA Guidelines Sections 15320, 15378 and 15061(b)(3) because it can be seen with certainty that there is no possibility the City’s action would cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
ATTACHMENTS:
1. Ordinance of the City Council of the City of Livingston Amending Chapter 2-4, of Title 3.
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF LIVINGSTON AMENDING CHAPTER 2-4 OF TITLE 3 OF THE LIVINGSTON MUNICIPAL CODE REGULATING SIDEWALK VENDING.
WHEREAS, the state legislature passed Senate Bill (“SB”) 946 in 2018, SB 972 in 2022, and SB 635 in 2025, authorizing sidewalk vending statewide while also limiting local governmental regulation of sidewalk vending.
WHEREAS, the purpose of these laws is to support economic development opportunities for low-income and immigrant communities and to limit local authorities’ ability to penalize sidewalk vending by requiring administrative citations as enforcement tools.
WHEREAS, existing provisions of the Livingston Municipal Code prohibit or limit the activities of sidewalk vendors in a manner that may be in conflict with the recent changes to state law and are thus likely unenforceable.
WHEREAS, the proposed Sidewalk and Non-Motorized Vendors Ordinance is intended to create a regulatory system for sidewalk vending that brings the Livingston Municipal Code into compliance with the recent legislation.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:
Section 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance by reference.
Section 2. Amendment. Chapter 2-4 of Title 3 of the Livingston Municipal Code is amended as follows:
§ 3-2-4 SIDEWALK AND NON-MOTORIZED VENDORS.
§ 3-2-4-1 DEFINITIONS.
The following words and phrases shall, for purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:
FINANCE DEPARTMENT. Finance Division of the Administrative Services Department, including the Finance Director or his/her designee.
FIXED PLACE OF BUSINESS. A fixed business place, location, building, room, stand or enclosure separate and distinct from any other business, in which goods, wares, merchandise, fruit or vegetables are kept, displayed or offered for sale to the public, regularly kept open with an agent in exclusive attendance for at least six hours per day, for at least five days per week.
LOCAL AUTHORITY. Any chartered or general law city, county, or city and county. (Cal. Govt.
Code, Section 51036(d).)
NON-MOTORIZED VENDOR. Any mobile unit howsoever propelled without a motor, upon which or from which any food or beverage, goods, wares, or other merchandise, is vended, displayed, or given away. Non-Motorized Vendor includes the term COMPACT MOBILE FOOD OPERATION, as defined within the California Retail Food Code (Cal. Code), Section 113831(c), which states any mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or otherwise nonmotorized conveyance.
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PEDDLER. Any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, carrying or transporting goods, wares, merchandise, or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter.
PERSON. Any person, firm, corporation, association, club, society, or other organization.
ROAMING SIDEWALK VENDOR. Any sidewalk vendor who moves from place to place and stops only to complete a transaction. (Cal. Govt. Code, Section 51036(b).) SIDEWALK. Any public sidewalk or paved pedestrian path or walkway specifically defined for pedestrian travel.
SIDEWALK VENDOR. Any person who sells food or beverage, goods, wares, or other merchandise, from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. (Cal. Govt. Code, Section 51036(a).)
SOLICITOR. Any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, for the purpose of taking or soliciting orders for the sale of goods, wares, merchandise, or personal property of any nature for future delivery, or for services to be performed in the future.
STATIONARY SIDEWALK VENDOR. Any sidewalk vendor who vends from a fixed location. (Cal. Govt. Code, Section 51036(c).)
VEND or VENDING. The barter, exchange, sale, offer for sale, display for sale, or solicitation of offers to purchase food or beverage, goods, wares, or other merchandise, or the negotiation or payment of a fee before providing food or beverage, goods, wares, or other merchandise, even if characterized as a donation.
VENDOR. Any person who vends.
Wherever the terms SELLING or SALES are used herein, BUYING and PURCHASING shall be deemed included.
§ 3-2-4-2 PERMITS.
It is unlawful for any solicitor, peddler or vendor to engage in business within the city without first obtaining a business license and permit which complies with the provisions of this chapter, unless the activities of the solicitor, peddler or vendor are exempt from municipal regulation by state, federal or local law.
§ 3-2-4-3 PERMIT APPLICATION.
(A) Applicants for vendor permits under this chapter shall file with the Finance Department a sworn application in writing on a form to be furnished by the city. The application shall contain the following information:
1. Name, height, weight, eye color and hair color;
2. Date of birth and a copy of one or more of the following: California driver's license or identification number, Social Security number, or an individual tax identification number. The number collected shall not be available to the public for inspection, is confidential, and shall not
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be disclosed except as required to administer the permit or comply with a state law or federal court order;
3. Permanent home address and telephone number;
4. Local address and telephone number;
5. A brief description of the business or activity to be conducted;
6. If employed, the name, address and telephone number of the employer, or if acting as agent, the name, address and telephone number of the principal who is being represented, with credentials establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be;
7. The length of time for which the permit is desired (maximum length of permit is one (1) fiscal year);
8. Two photographs of the applicant, taken within 60 days immediately prior to the date of filing of the application, measuring two inches by two inches, and showing the head and shoulders of the applicant in a clear and distinguishing manner;
9. Proof of possession of any license or permit which, under federal, state, or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this chapter, including, but not limited to, the following:
a. A copy of the California seller's permit (CA Department of Tax and Fee Administration sales tax number), if the applicant is required to have a seller's permit. b. A copy of the valid health permit issued by the Merced County Division of Environmental Health or Department of Public Health, if food is being vended or prepared.
10. If a non-motorized vehicle is to be used, the application must include a description of each vehicle to be used, with license number, make and model.
11. An agreement by the applicant to indemnify and hold harmless the city, its officers, officials, employees, agents, and volunteers, for any claim, damages, actions, or causes of action which may arise from or in any manner relate to the permit or the vendor's sidewalk vending activities;
12. Certification by the Applicant that, to their knowledge and belief, the information contained in the application is true.
§ 3-2-4-4 PERMIT FEE.
At the time the application is filed with the Finance Department, the applicant shall provide the city with a non-refundable fee to process their application. The fee shall include an amount to cover the costs of general review and processing of the application. The amount of the fee shall be established, and from time to time may be amended by resolution of the city council. § 3-2-4-5 PERMIT - INVESTIGATION AND ISSUANCE.
(A) The City Manager or his/her designee shall deny an application based upon any of the following grounds:
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1. The applicant has been issued a local or state permit or license to conduct vendor, solicitor or peddler activities at any other location within the state of California or another state and the permit or license was suspended or revoked, or the applicant has had disciplinary action relating to the permit or license.
2. The City Manager finds in writing that the applicant fails to provide the information requested in the application or that any of the statements made in the application, or any supplementary information submitted thereto, is incorrect or untrue.
3. The City Manager finds in writing that the issuance of a permit to the applicant for activities described in the application would result in violation of Federal, State, or local laws, or would involve an unreasonable risk to health, safety, or general welfare of the public. The City Manager shall state, in writing, the grounds for the unreasonable risk to health, safety, or general welfare of the public finding.
4. The applicant intends to operate in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet.
5. The applicant intends to operate as a stationary sidewalk vendor in a park owned or operated by a local authority if the local authority has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
6. The applicant is under the age of 18, or any age as may be set by state law. (B) The City Manager may issue a vendor permit upon such conditions relating to the method or manner of operation as the City Manager deems are necessary to adequately protect the health, safety, or general welfare of the public. Conditions imposed shall be provided to the applicant in writing. The applicant may appeal these conditions, in the manner prescribed by this Chapter, within a period of fifteen (15) days from the time written notice is provided. Any condition imposed upon the issuance of a vendor permit shall remain in effect until the appeal is finally determined. If the imposition of condition is not appealed within the period stated, the imposition of conditions placed on the vendor permit shall become final. (C) Upon approval of an application, the city shall deliver the required permit to the applicant.
Such permit shall contain the signature and seal of the Finance Department designee and shall show the name, address and photograph of the permittee, the class of vendor permit issued, the kind of goods or services to be sold or delivered thereunder, the amount of the fee paid, the date of issuance, and the length of time the permit shall be operative. It shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued. The Finance Department shall keep a record of all active permits. § 3-2-4-6 PERMIT - EXPIRATION.
All permits issued under the provisions of this chapter shall expire at the end of the fiscal year from date of issuance, unless an earlier expiration date is noted on the permit. § 3-2-4-7 PERMIT - BADGES.
The Finance Department shall issue to each permittee, at the time of delivery of his or her permit, a badge, which shall be worn continuously by the permittee in such a way as to be conspicuous at all times while the permittee is conducting business in the city pursuant to such permit. The badge shall bear the appropriate words, e.g., "Permitted Vendor" or "Permitted
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Peddler," the period for which the permit is issued and the number of the permit, in letters and figures clearly discernible.
§ 3-2-4-8 PERMIT - TRANSFER PROHIBITED.
No permit issued under the provisions of this chapter shall be used or worn at any time by any person other than the person to whom it was issued.
§ 3-2-4-9 PERMIT - EXHIBITION.
Every person required to be permitted under the provisions of this chapter shall exhibit his or her permit when requested to do so by any prospective customer or Livingston Police Department sworn officer or code enforcement officer.
§ 3-2-4-10 ENTRY UPON SIGNED PREMISES UNLAWFUL.
It is unlawful for any person, while conducting the business of vendor, solicitor or peddler, whether permitted or unpermitted, to enter upon any residential premises in the city where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on said premises, a non-illuminated flat sign of not more than one square foot bearing the words "No Solicitors," or words of similar import. § 3-2-4-11 HOURS OF SOLICITATION.
It is unlawful for any person, while conducting the business of vendor, solicitor or peddler, whether permitted or unpermitted, to enter upon any residential or public premises between the hours of 8:00 P.M and 8:00 A.M. pacific standard time.
§ 3-2-4-12 REGULATIONS CONCERNING SIDEWALK AND NON-MOTORIZED VENDORS.
The following regulations shall apply to vendors as defined in § 3-2-4-1:
(A) No vendor shall park or stand on a public sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act.
(B) Vendors shall not stand or park in any parking lot of any public park in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act. Vendors within a park shall only park their vehicle, including but not limited to personal vehicle or mobile food truck, adjacent to a public park in spaces designated by signage. The designations shall be made and posted from time to time by the City Manager or designee, who may limit the number of spaces for itinerant vendors. Vendor vehicles, including but not limited to personal vehicle or mobile food vehicle, not parked within the designated parking spaces shall constitute a public nuisance and shall be subject to the provisions of the Livingston Municipal Code. (C) Vendors shall not stand or park within two hundred feet of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet.
(D) Vendors shall not stand or park within two hundred feet of any area designated for a special event permit issued by the city or any sponsored city event, during the limited duration of the special permit. If the city provides any notice, business interruption mitigation, or other rights to affected businesses or property owners under the city’s special permit, such notice will also be provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. -
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(E) No chairs or tables are allowed to be placed on the sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act.
(F) Vendors shall remove any debris from the sales, ensure a receptacle is available for the disposal of debris, and make sure that the area is kept clean. (G) School zones. No vendor shall stand or park within three hundred feet of any school zone on weekdays, Monday through Friday, from 8:00 A.M. to 4:00 P.M. except for holidays and when school is not in session.
(H) Public streets. No vendor shall stand or park on any street in a commercial zone any truck, trailer, wagon or pushcart in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act.
(I) Private property. Vendors shall be permitted on developed private property only in commercial, industrial and open space zoning districts with the express written consent of the owner or lessee of the property. The area occupied by each vendor on private property shall not exceed nine hundred square feet and shall be located on hard surface paving. Vendors are prohibited in residential zoning districts.
(J) Non-motorized vendor, mobile food facility. Vendors shall not be permitted to operate a mobile food facility which remains at the same location, property or parcel for more than eight hours or two consecutive days.
§ 3-2-4-13 ENFORCEMENT AUTHORITY.
Any city police officer or code enforcement officer may require any vendor, solicitor or peddler, who is not known to such officer to be duly permitted to do so, to produce his or her permit, and to enforce the provisions of this chapter against any person found to be violating the same. § 3-2-4-14 RECORDS.
City staff shall record any violations of this chapter on the permanent record of said permit kept pursuant to the provisions of subsection (B) of § 3-2-4-5 of this chapter. § 3-2-4-15 PERMIT - REVOCATION.
Permits issued under the provisions of this chapter may be revoked by the city, after notice and hearing, for any of the following causes:
(A) Fraud, misrepresentation, or false statement contained in the application for permit; (B) Fraud, misrepresentation, or false statement made by the permittee in the course of carrying on the business of vendor, solicitor or peddler; (C) The violation of any provision of this chapter or the Livingston Municipal Code; (D) Conducting the business of vendor, solicitor or peddler in such a manner as to constitute a breach of the peace or create a threat to the health, safety, or general welfare of the public. § 3-2-4-16 NOTICE OF HEARING ON REVOCATION.
Notice of the hearing for revocation of a license pursuant to the provisions of § 3-2-4-15 of this chapter shall be given in writing and shall set forth specifically the grounds for the proposed -
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revocation and the time and place of the hearing. Said notice shall be mailed, postage prepaid, to the permittee at the address shown on the permit application or at the last known address of the permittee.
§ 3-2-4-17 PERMIT - APPEAL PROCEDURE.
Any person denied a permit or whose permit has been revoked under the provisions of this chapter shall have the right to appeal such action or decision to the City Manager or his/her designee. Such appeal shall be taken by filing with the city clerk, within ten days after notice of the action or decision complained of has been mailed to such person's address as shown on his or her permit application form, or to such person's last known address, a written statement setting forth the grounds for the appeal. The city clerk shall transmit the written statement to the City Manager or his/her designee and the City Manager or his/her designee shall set a time and place for a hearing on the appeal. Notice of the time and place of such hearing shall be given to the appellant in the same manner as is hereinabove in this section provided for the mailing of notice of action or decision. The decision of the City Manager or his/her designee on such appeal shall be final and binding on all parties concerned. Unless the governing ordinance or statute provides otherwise, if the appellant seeks further relief, the appellant shall file a petition for writ of mandate in superior court pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6 within 90 calendar days of the date of the decision. § 3-2-4-18 CLAIMS OF EXEMPTION.
Any person claiming to be legally exempt from the regulations set forth in this chapter, or from the payment of a permit fee as provided in § 3-2-4-4 of this chapter, shall cite to the Finance Department the statute or other legal authority under which exemption is claimed and shall present to the Finance Department proof of qualification for such exemption. § 3-2-4-19 PENALTY FOR VIOLATIONS.
Any person who violates any of the provisions of this chapter shall be subject to the following fines:
(A) With a permit:
1. An administrative fine not exceeding $100 for a first violation.
2. An administrative fine not exceeding $200 for a second violation within one year of the first violation.
3. An administrative fine not exceeding $500 for each additional violation within one year of the first violation.
4. Upon a fourth violation of this chapter, the permit shall be rescinded. (B) Without a permit:
1. An administrative fine not exceeding $250 for a first violation.
2. An administrative fine not exceeding $500 for a second violation within one year of the first violation.
3. An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.
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(C) Failure to pay an administrative fine pursuant to section shall not be punishable as an infraction or misdemeanor.
(D) When assessing an administrative fine pursuant to this Chapter, the City Manager shall take into consideration the vendor's ability to pay the fine. The City Manager shall provide the vendor with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The vendor may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
1. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the California Government Code, the City Manager shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter.
2. The City Manager may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
3. The City Manager may request adequate documentation, including but not limited to a sworn statement from the vendor, when an ability-to-pay determination is requested. If the requested documents are not provided to the City Manager, the City Manager may make a finding that the person does not qualify for an ability-to-pay determination.
4. The City Manager shall provide written notice of their determination to the vendor.
Such notice must include a statement advising the vendor of their right to request an appeal hearing pursuant to Municipal Code § 3-2-4-17.
E. Any other violation(s) of the Livingston Municipal Code shall be subject to the established enforcement and penalties of said municipal code.
Section 3. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
Section 4. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.
Section 5. Recordation; Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Livingston Municipal Code or other city ordinance by this Ordinance will be rendered void and cause such previous Livingston Municipal Code provision or other the city ordinance to remain in full force and effect for all purposes.
Section 6. Environmental Assessment. The City Council finds that the adoption of this ordinance establishing procedures for registering and maintaining vacant buildings constitutes an administrative activity and is not a project subject to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”), pursuant to CEQA Guidelines § 15378(b)(2), (4). The adoption of this ordinance will not result in
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a direct or reasonably foreseeable indirect physical change to the environment. Accordingly, this Ordinance is not subject to further environmental review under CEQA.
Section 7. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Livingston's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
Section 8. Effective Date. This Ordinance will become effective 30 days after adoption.
Introduced:
Passed and Adopted:
_____________________________
JOSE MORAN, Mayor
of the City of Livingston
ATTEST:
State of California )
County of Merced )
City of Livingston )
I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 7th day of April 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____th day of April 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
___________________________________
Marc Barraza Tran, City Attorney
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF LIVINGSTON AMENDING CHAPTER 2-4 OF TITLE 3 OF THE LIVINGSTON MUNICIPAL CODE REGULATING SIDEWALK VENDING.
WHEREAS, the state legislature passed Senate Bill (“SB”) 946 in 2018, SB 972 in 2022, and SB 635 in 2025, authorizing sidewalk vending statewide while also limiting local governmental regulation of sidewalk vending.
WHEREAS, the purpose of these laws is to support economic development opportunities for low-income and immigrant communities and to limit local authorities’ ability to penalize sidewalk vending by requiring administrative citations as enforcement tools.
WHEREAS, existing provisions of the Livingston Municipal Code prohibit or limit the activities of sidewalk vendors in a manner that may be in conflict with the recent changes to state law and are thus likely unenforceable.
WHEREAS, the proposed Sidewalk and Non-Motorized Vendors Ordinance is intended to create a regulatory system for sidewalk vending that brings the Livingston Municipal Code into compliance with the recent legislation.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:
Section 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance by reference.
Section 2. Amendment. Chapter 2-4 of Title 3 of the Livingston Municipal Code is amended as follows:
§ 3-2-4 ITINERANT VENDORSSIDEWALK AND NON-MOTORIZED VENDORS . § 3-2-4-1 DEFINITIONS.
The following words and phrases shall, for purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:
FIXED PLACE OF BUSINESS. A fixed business place, location, building, room, stand or enclosure separate and distinct from any other business, in which goods, wares, merchandise, fruit or vegetables are kept, displayed or offered for sale to the public, regularly kept open with an agent in exclusive attendance for at least six hours per day, for at least five days per week.
LOCAL AUTHORITY. Any chartered or general law city, county, or city and county. (Cal. Govt.
Code, Section 51036(d).)
ITINERANT VENDOR. NON-MOTORIZED VENDOR. Any mobile unit propelled without a motor, upon which or from which any food or beverage, goods, wares, or other merchandise, is vended, displayed, or given away. Non-Motorized Vendor includes the term COMPACT MOBILE FOOD OPERATION, as defined within the California Retail Food Code (Cal. Code), Section 113831(c), which states any mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. Any person who sets up a temporary stand or place or uses a portable cart or Formatted: Font: (Default) Arial, 11 pt, Bold
Formatted: Font: (Default) Arial, 11 pt, Bold
Formatted: Font: (Default) Arial, 11 pt, Not Bold
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motor vehicle as defined in the California Vehicle Code for the purpose of selling any goods, wares, merchandise, fruits or vegetables, or one who solicits orders for the sale of such goods, wares, merchandise, fruits or vegetables to be delivered at some future time or date. Itinerant vendor does not include a merchant having a fixed place of business within the city, or his or her employee, who sells or solicits orders for the sale of goods, wares, merchandise, services, fruits or vegetables, after a prior approval, either oral or written, from the vendee. Itinerant vendor does not include a merchant who sets up a temporary stand or place as part of an approved farmers market. Itinerant vendors who set up on private property must secure written permission from the property owner or person having control of said property and said written permission must be in the possession of the vendor. Further, ITINERANT VENDOR includes the terms SIDEWALK VENDOR, ROAMING VENDOR, and STATIONARY SIDEWALK VENDOR as defined within Government Code section 51036. Lastly, ITINERANT VENDOR includes the terms MOBILE FOOD FACILITY as defined within California Retail Food Code (Cal Code), Section 113831(a),which states any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. MOBILE FOOD FACILITY does not include a "transporter" used to transport packaged food from a food facility, or other approved source to the consumer.
PEDDLER. Any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, carrying or transporting goods, wares, merchandise, or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter.
PERSON. Any person, firm, corporation, association, club, society, or other organization.
ROAMING SIDEWALK VENDOR. Any sidewalk vendor who moves from place to place and stops only to complete a transaction. (Cal. Govt. Code, Section 51036(b).) SIDEWALK. Any public sidewalk or paved pedestrian path or walkway specifically defined for pedestrian travel.
SIDEWALK VENDOR. Any person who sells food or beverage, goods, wares, or other merchandise, from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. (Cal. Govt. Code, Section 51036(a).)
SOLICITOR. Any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, for the purpose of taking or soliciting orders for the sale of goods, wares, merchandise, or personal property of any nature for future delivery, or for services to be performed in the future.
STATIONARY SIDEWALK VENDOR. Any sidewalk vendor who vends from a fixed location. (Cal. Govt. Code, Section 51036(c).)
VEND or VENDING. The barter, exchange, sale, offer for sale, display for sale, or solicitation of offers to purchase food or beverage, goods, wares, or other merchandise, or the negotiation or payment of a fee before providing food or beverage, goods, wares, or other merchandise, even if characterized as a donation.
VENDOR. Any person who vends.
Wherever the terms SELLING or SALES are used herein, BUYING and PURCHASING shall be deemed included.
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§ 3-2-4-2 PERMITS.
It is unlawful for any solicitor, peddler or itinerant vendor to engage in business within the city without first obtaining a business license and permit which complies with the provisions of this chapter, unless the activities of the solicitor, peddler or itinerant vendor are exempt from municipal regulation by state, federal or local law.
§ 3-2-4-3 PERMIT APPLICATION.
(A) Applicants for vendor permits under this chapter shall file with the city clerk a sworn application in writing on a form to be furnished by the city, so a background check can be performed by the city. The application shall contain the following information:
1. Name, height, weight, eye color and hair color;
2. Date of birth and a copy of one or more of the following:, California driver's license or identification number, Social Security number, or an individual tax identification number or state of California identification card. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or federal court order;
3. Permanent home address and telephone number;
4. Local address and telephone number;
5. A brief description of the business or activity to be conducted;
6. If employed, the name, address and telephone number of the employer, or if acting as agent, the name, address and telephone number of the principal who is being represented, with credentials establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be;
7. The length of time for which the permit is desired;
8. Two photographs of the applicant, taken within 60 days immediately prior to the date of filing of the application, measuring two inches by two inches, and showing the head and shoulders of the applicant in a clear and distinguishing manner;
9. A statement as to whether or not the applicant has been convicted of any criminal offense, whether felony or misdemeanor within the last ten years. Applicant shall provide information detailing any such offense, the date and place of conviction, the nature of the offense, and the punishment or penalty assessed therefore; 109. Proof of possession of any license or permit which, under federal, state, or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this chapter, including, but not limited to, the following:
a. .A copy of the California seller's permit (CA Department of Tax and Fee Administration sales tax number), if the applicant is required to have a seller's permit. b. A copy of the valid health permit issued by the Merced County Division of Environmental Health or Department of Public Health, if food is being vended or prepared.
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101. If a non-motorized vehicle is to be used, the application must include a description of each vehicle to be used, with license number, make and model.
11. An agreement by the applicant to indemnify and hold harmless the city, its officers, officials, employees, agents, and volunteers, for any claim, damages, actions, or causes of action which may arise from or in any manner relate to the permit or the vendor's sidewalk vending activities;
(B) Applicant shall be fingerprinted by the Livingston Police Department or via the California Department of Justice LiveScan system and agree to a criminal history records check conducted by the city based upon their fingerprints.
12. (C) Certification by the Applicant that, to their knowledge and belief, the information contained in the application is true.Applicant shall sign an authorization form for the city to seek verification of the information contained within the application, including, but not limited to, the prospective permittee's criminal history..
§ 3-2-4-4 PERMIT FEE.
At the time the application is filed with the city clerk, the applicant shall provide the city with a non-refundable fee to process their application. The fee shall include an amount to cover the costs of fingerprinting, background checks as well as general review and processing of the application. In the alternative, the applicant may provide the city clerk with a completed background check performed by a third party vendor approved by the city. The amount of the fee shall be established, and from time to time may be amended by resolution of the city council.
§ 3-2-4-5 PERMIT - INVESTIGATION AND ISSUANCE.
(A) The City Manager or his/her designee shall deny an application based upon any of the following grounds:
1. The applicant has been issued a local or state permit or license to conduct itinerant vendor, solicitor or peddler activities at any other location within the state of California or another state and the permit or license was suspended or revoked, or the applicant has had disciplinary action relating to the permit or license.
2. The City Manager finds in writing that the applicant fails to provide the information requested in the application or that any of the statements made in the application, or any supplementary information submitted thereto, is incorrect or untrue.
3. The City Manager finds in writing that the issuance of a permit to the applicant for activities described in the application would result in violation of Federal, State, or local laws, or would involve an unreasonable risk to health, safety, or general welfare of the public. The City Manager shall state, in writing, the grounds for the unreasonable risk to health, safety, or general welfare of the public finding.
42. The applicant has been convicted of a serious or violent offense as listed within California Penal Code Sections 667.5 and 1192.7(c).intends to operate in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet.
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53. The applicant intends to operate as a stationary sidewalk vendor in a park owned or operated by a local authority if the local authority has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. has been convicted of a misdemeanor involving theft, dishonesty, fraud, narcotics sales or narcotic trafficking within the five years preceding the date of the application.
4. The applicant has been convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined within the Federal Controlled Substance Act, unless the applicant received a Certificate of Rehabilitation as defined in the Act.
5. The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business practices as defined by the Livingston Municipal Code and/or state or federal law.
6. The applicant is under the age of 18, or any age as may be set by state law. (B) The City Manager may issue a vendor permit upon such conditions relating to the method or manner of operation as the City Manager deems are necessary to adequately protect the health, safety, or general welfare of the public. Conditions imposed shall be provided to the applicant in writing. The applicant may appeal these conditions, in the manner prescribed by this Chapter, within a period of fifteen (15) days from the time written notice is provided. Any condition imposed upon the issuance of a vendor permit shall remain in effect until the appeal is finally determined. If the imposition of condition is not appealed within the period stated, the imposition of conditions placed on the vendor permit shall become final. (CB) Upon approval of an application, the city shall deliver the required permit to the applicant. Such permit shall contain the signature and seal of the city clerk and shall show the name, address and photograph of the permittee, the class of vendor permit issued, the kind of goods or services to be sold or delivered thereunder, the amount of the fee paid, the date of issuance, and the length of time the permit shall be operative. It shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued. The city clerk shall keep a record of all active permits. § 3-2-4-6 PERMIT - EXPIRATION.
All permits issued under the provisions of this chapter shall expire one year from date of issuance, unless an earlier expiration date is noted on the permit. § 3-2-4-7 PERMIT - BADGES.
The city clerk shall issue to each permittee, at the time of delivery of his or her permit, a badge, which shall be worn continuously by the permittee in such a way as to be conspicuous at all times while the permittee is conducting business in the city pursuant to such permit. The badge shall bear the appropriate words, e.g., "Permitted Vendor" or "Permitted Peddler," the period for which the permit is issued and the number of the permit, in letters and figures clearly discernible.
§ 3-2-4-8 PERMIT - TRANSFER PROHIBITED.
No permit issued under the provisions of this chapter shall be used or worn at any time by any person other than the person to whom it was issued.
§ 3-2-4-9 PERMIT - EXHIBITION.
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Every person required to be permitted under the provisions of this chapter shall exhibit his or her permit when requested to do so by any prospective customer or Livingston Police Department sworn officer or code enforcement officer.
§ 3-2-4-10 ENTRY UPON SIGNED PREMISES UNLAWFUL.
It is unlawful for any person, while conducting the business of itinerant vendor, solicitor or peddler, whether permitted or unpermitted, to enter upon any residential premises in the city where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on said premises, a non-illuminated flat sign of not more than one square foot bearing the words "No Solicitors," or words of similar import.
§ 3-2-4-11 HOURS OF SOLICITATION.
It is unlawful for any person, while conducting the business of itinerant vendor, solicitor or peddler, whether permitted or unpermitted, to enter upon any residential or public premises between the hours of 8:00 P.M and 8:00 A.M. pacific standard time. § 3-2-4-12 REGULATIONS CONCERNING ITINERANT SIDEWALK AND NON-MOTORIZED VENDORS.
The following regulations shall apply to itinerant vendors as defined in § 3-2-4-1:
(A) No itinerant vendor shall park or stand on a public sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act.
(B) Itinerant vVendors shall not stand or park in any parking lot of any public park in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act. Vendors within a park shall only park their vehicle, including but not limited to personal vehicle or mobile food truck vehicle, adjacent to a public park in spaces designated by signage. The designations shall be made and posted from time to time by the city managerCity Manager or designee, who may limit the number of spaces for itinerant vendors. Vendor vehicles, including but not limited to personal vehicle or mobile food truck, not parked within the designated parking spaces shall constitute a public nuisance and shall be subject to the provisions of the Livingston Municipal Code.
(C) Vendors shall not stand or park within two hundred feet of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet.
(D) Vendors shall not stand or park within two hundred feet of any area designated for a special event permit issued by the city or any sponsored city event, during the limited duration of the special permit. If the city provides any notice, business interruption mitigation, or other rights to affected businesses or property owners under the city’s special permit, such notice will also be provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. (EC) No chairs or tables are allowed to be placed on the sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act.
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(FD) Vendors shall remove any debris from the sales, ensure a receptacle is available for the disposal of debris, and make sure that the area is kept clean. (GE) School zones. No itinerant vendor shall stand or park within three hundred feet of any school zone weekdays, Monday through Friday, from 8:00 A.M. to 4:00 P.M. except for holidays and when school is not in session.
(HF) Public streets. No itinerant vendor shall stand or park on any street in a commercial zone any truck, trailer, wagon or push cart in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act.
(IG) Private property. Itinerant vVendors shall be permitted on developed private property only in commercial, industrial and open space zoning districts with the express written consent of the owner or lessee of the property. The area occupied by each itinerant vendor on private property shall not exceed nine hundred square feet and shall be located on hard surface paving.
Itinerant vVendors are prohibited in residential zoning districts. (JH) Non-motorized vendor, Mmobile food facility. and/or restaurant on wheels. Itinerant vVendors shall not be permitted to operate a mobile food facility and/or restaurant on wheels which remains at the same location, property or parcel for more than eight hours or two consecutive days.
§ 3-2-4-13 ENFORCEMENT AUTHORITY.
Any city police officer or code enforcement officer may require any itinerant vendor, solicitor or peddler, who is not known to such officer to be duly permitted to do so, to produce his or her permit, and to enforce the provisions of this chapter against any person found to be violating the same.
§ 3-2-4-14 RECORDS.
City staff shall record any violations of this chapter on the permanent record of said permit kept pursuant to the provisions of subsection (B) of § 3-2-4-5 of this chapter. § 3-2-4-15 PERMIT - REVOCATION.
Permits issued under the provisions of this chapter may be revoked by the city, after notice and hearing, for any of the following causes:
(A) Fraud, misrepresentation, or false statement contained in the application for permit; (B) Fraud, misrepresentation, or false statement made by the permittee in the course of carrying on the business of vendor, solicitor or peddler; (C) The violation of any provision of this chapter or the Livingston Municipal Code; (D) Conviction of any crime involving theft, dishonesty, fraud, narcotics sales, narcotic trafficking or as identified within California Penal Code Sections 667.5 and 1192.7(c) and the Federal Controlled Substance Act.;
(DE) Conducting the business of vendor, solicitor or peddler in such a manner as to constitute a breach of the peace or create a threat to the health, safety, or general welfare of the public.
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§ 3-2-4-16 NOTICE OF HEARING ON REVOCATION.
Notice of the hearing for revocation of a license pursuant to the provisions of § 3-2-4-15 of this chapter shall be given in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Said notice shall be mailed, postage prepaid, to the permittee at the address shown on the permit application or at the last known address of the permittee.
§ 3-2-4-17 PERMIT - APPEAL PROCEDURE.
Any person denied a permit or had awhose permit has been revoked under the provisions of this chapter shall have the right to appeal such action or decision to the city managerCity Manager or his/her designee. Such appeal shall be taken by filing with the city clerk, within ten days after notice of the action or decision complained of has been mailed to such person's address as shown on his or her permit application form, or to such person's last known address, a written statement setting forth the grounds for the appeal. The city clerk shall transmit the written statement to the city managerCity Manager or his/her designee and the city managerCity Manager or his/her designee shall set a time and place for a hearing on the appeal. Notice of the time and place of such hearing shall be given to the appellant in the same manner as is hereinabove in this section provided for the mailing of notice of action or decision. The decision of the city managerCity Manager or his/her designee on such appeal shall be final and binding on all parties concerned. Unless the governing ordinance or statute provides otherwise, if the appellant seeks further relief, the appellant shall file a petition for writ of mandate in superior court pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6 within 90 calendar days of the date of the decision.
§ 3-2-4-18 CLAIMS OF EXEMPTION.
Any person claiming to be legally exempt from the regulations set forth in this chapter, or from the payment of a permit fee as provided in § 3-2-4-4 of this chapter, shall cite to the city clerk thein statute or other legal authority under which exemption is claimed and shall present to the city clerk proof of qualification for such exemption.
§ 3-2-4-19 PENALTY FOR VIOLATIONS.
Any person who violates any of the provisions of this chapter shall be punished as followssubject to the following fines:
(A) With a permit:
1. An administrative fine not exceeding $100 for a first violation.
2. An administrative fine not exceeding $200 for a second violation within one year of the first violation.
3. An administrative fine not exceeding $500 for each additional violation within one year of the first violation.
4. Upon a fourth violation of this chapter, the permit shall be rescinded. (B) Without a permit:
1. An administrative fine not exceeding $250 for a first violation.
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2. An administrative fine not exceeding $500 for a second violation within one year of the first violation.
3. An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.
(C) Failure to pay an administrative fine pursuant to section shall not be punishable as an infraction or misdemeanor.
(D) When assessing an administrative fine pursuant to this Chapter, the City Manager shall take into consideration the vendor's ability to pay the fine. The City Manager shall provide the vendor with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The vendor may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
1. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the California Government Code, the Director shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter.
2. The Director may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
3. The City Manager may request adequate documentation, including but not limited to a sworn statement from the vendor, when an ability-to-pay determination is requested. If the requested documents are not provided to the City Manager, the City Manager may make a finding that the person does not qualify for an ability-to-pay determination.
4. The City Manager shall provide written notice of their determination to the vendor.
Such notice must include a statement advising the vendor of their right to request an appeal hearing pursuant to Municipal Code § 3-2-4-17.
(E) Any other violation(s) of the Livingston Municipal Code shall be subject to the established enforcement and penalties of said municipal code.
Section 3. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
Section 4. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.
Section 5. Recordation; Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Livingston Municipal Code or other city ordinance by this Ordinance will be rendered void and cause such previous Livingston Municipal Code provision or other the city ordinance to remain in full force and effect for all purposes.
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Section 6. Environmental Assessment. The City Council finds that the adoption of this ordinance establishing procedures for registering and maintaining vacant buildings constitutes an administrative activity and is not a project subject to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”), pursuant to CEQA Guidelines § 15378(b)(2), (4). The adoption of this ordinance will not result in a direct or reasonably foreseeable indirect physical change to the environment. Accordingly, this Ordinance is not subject to further environmental review under CEQA.
Section 7. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Livingston's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
Section 8. Effective Date. This Ordinance will become effective 30 days after adoption.
Introduced:
Passed and Adopted:
_____________________________
JOSE MORAN, Mayor
of the City of Livingston
ATTEST:
State of California )
County of Merced )
City of Livingston )
I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 7th day of April 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____th day of April 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
4925-6253-0179 v1
APPROVED AS TO LEGAL FORM
___________________________________
Marc Barraza Tran, City Attorney
STAFF REPORT
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AGENDA ITEM: Consideration of Ordinance Amending Livingston Municipal Code Section 1-12-2 Regarding Surplus Property Disposal Procedure.
MEETING DATE: March 17, 2026
PREPARED BY: John Ramirez, Chief of Police
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION
Staff recommends that the City Council approve an ordinance amending Section 1-12-2 regarding surplus property disposal procedure.
BACKGROUND
Title 1 Chapter 12 of the City’s Municipal Code currently outlines the City’s procedure for the sale and other disposal of surplus supplies and equipment. Pursuant to Section 1-12-2, the City must engage in a specified procedure for selling surplus supplies or equipment.
There is no option to throw away outdated and broken supplies or equipment.
DISCUSSION AND RECOMMENDATION
Currently, the City Manager may only dispose of surplus property by:
1. Assignment to a new department by property transfer;
2. Public auction;
3. Sale to the highest bidder after advertisement;
4. In the case of surplus land, sale or lease to an appropriate local agency or otherwise designated party as per Cal. Gov’t Code Title 5, Division 2, Part 1, Chapter 5, Article 8, § 54222; and
5. Scrap materials designated surplus property may be disposed of on an ongoing basis, as necessary, through direct sales, informal bid process, contract negotiations or sealed bids.
Before any sale could occur, the City Council must authorize the sale of the surplus property.
Upon the Council’s finding and authorization, the City Manager will be granted the authority to take whatever steps necessary to obtain the highest price in exchange for the sale of the surplus property. The City Manager will be authorized to enter and complete the sale on behalf of the City. All such proceeds from the sale will thereafter be deposited into the City’s treasury.
While the purpose of the policy is to prevent waste and corruption, the City has limited options to dispose of outdated or broken property. The City’s only option to dispose of outdated or broken property is to sell it or transfer it to another department.
The City would like to implement a process to expedite the disposal of outdated or broken surplus property, including supplies and equipment. Specifically, staff would like the option to discard broken supplies and equipment by throwing the items in the garbage. Staff would also
STAFF REPORT
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like the option of donating outdated supplies and equipment to other government entities or non-profits.
The Ordinance amending Section 1-12-2 of the Municipal Code is attached and includes the proposed language for adoption.
Staff recommends that the City Council approve the Ordinance Amending Section 1-12-2.
FISCAL IMPACT
No Fiscal Impact
ATTACHMENTS
1. Ordinance amending Section 1-12-2 of the Municipal Code
1 of 2
ORDINANCE 2026-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING LIVINGSTON MUNICIPAL CODE SECTION 1-12-2 REGARDING SURPLUS
PROPERTY DISPOSAL PROCEDURES
WHEREAS, the City set certain procedures to dispose of surplus property; and WHEREAS, of those procedures, the City Manager may only dispose of surplus property by (1) assignment to a new department by property transfer, (2) public auction, (3) sale to the highest bidder after advertisement, (4) in the case of surplus land, sale or lease to an appropriate local agency or otherwise designated party as per Cal. Gov’t Code Title 5, Division 2, Part 1, Chapter 5, Article 8, § 54222, and (5) scrap materials designated surplus property may be disposed of on an ongoing basis, as necessary, through direct sales, informal bid process, contract negotiations or sealed bids; and
WHEREAS, while the purpose of the policy is to prevent waste and corruption, the City has limited options to dispose of outdated or broken property; and
WHEREAS, the City would like to implement a process to expedite the disposal of outdated or broken surplus property, including supplies and equipment by throwing broken supplies and equipment in the garbage or donating outdated supplies and equipment to other government entities or non-profits; and
WHEREAS, this Ordinance amends Section 1-12-2 of the Municipal Code to permit staff to throw broken supplies and equipment in the garbage and donate outdated supplies and equipment to other government entities or non-profits.
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.
SECTION 2. Livingston Municipal Code. Section 1-12-2 is hereby repealed in its entirety and shall be replaced with the following:
“(a) The Department Head, when designated by the City Manager, is responsible for the sale, donation, recycling, or other disposition of surplus personal property used by that department. The City Manager and/or the Department Head may declare as surplus any item of personal property seized by, in the lawful possession of, or owned by the City free of liens and encumbrances, whenever he or she finds it is not needed by any department of the City. (b) The Department Head, when designated by the City Manager, may sell any property declared surplus pursuant to subsection (a), at public or private sale, with or without notice of sale, for the highest price the Department Head can obtain.
(c) The Department Head, when designated by the City Manager, may also transfer any surplus personal property to another governmental agency or to a quasi-public agency by negotiated sale, exchange, loan, or gift; provided that gifts hereunder to any agency shall not exceed an aggregate value of five thousand dollars ($5,000.00) annually. "Quasi-public agency," as used in this subsection, means a tax-exempt nonprofit corporation which is currently engaged in a public project financed in whole or in part by public funds pursuant to contract or grant agreement with a governmental agency, whose assets, upon dissolution, will not be distributable to or for any private person or purpose.
(d) The proceeds of sales or surplus personal property pursuant to this section shall be deposited in the general fund of the City, except where established accounting procedures require the deposit of proceeds in some special fund of the City. The Department Head shall compile a detailed list of all
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personal property sold, donated, or disposed of from that Department during each fiscal year and present the listing, along with a breakdown of revenues received from the sale of surplus personal property, to the City Council at least once during each fiscal year. (e) The Department Head, when designated by the City Manager, may direct the destruction of any property declared surplus pursuant to subsection (a) whenever he or she finds that the item has no value, is not usable by any other governmental agency or quasi-public agency, or is not appropriate for public or private sale.”
Introduced:
Passed and Adopted:
_____________________________
JOSE MORAN, Mayor
of the City of Livingston
ATTEST:
State of California )
County of Merced )
City of Livingston )
I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 7th day of April 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____th day of April 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
___________________________________
Marc Barraza Tran, City Attorney
1 STAFF REPORT
AGENDA ITEM: Resolution to Receive And Accept The Housing Element Annual Progress Report For Calendar Year 2025 and Authorize Staff To Submit The Report To The California Department Of Housing And Community Development And The Governor's Office Of land Use And Climate Innovation
MEETING DATE: April 7, 2026
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Council Approve Resolution to Receive And Accept The Housing Element Annual Progress Report For Calendar Year 2025 and Authorize Staff To Submit The Report To The California Department Of Housing And Community Development And The Governor's Office Of land Use And Climate Innovation.
PROJECT DESCRIPTION:
Each year, California cities are required to prepare an annual progress report on the status of implementing the City's General Plan Housing Element and submit the report to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Land Use and Climate Innovation (LCI).
Using forms provided by HCD, the annual report provides a snapshot of housing unit production across affordability levels, development applications received and processed during the reporting year, affordable housing production, and provides an update on housing program implementation.
The annual report must be provided to the legislature (City Council) prior to transmitting to the State.
BACKGROUND AND DISCUSSION:
The Housing Element is one of seven mandated Elements of the General Plan and includes information related to the City's existing housing needs, an analysis of the City's population and employment trends, household characteristics, an inventory of land suitable for residential development, and housing programs and implementation measures. The City Council adopted the Fifth Cycle Housing Element on June 21, 2016, and subsequently received certification by HCD on July 11, 2016. The Fifth Cycle Housing Element has concluded, and the City is presently in the process of updating the Housing Element for the Sixth Cycle.
2 As part of the update to the City's Housing Element, the City is required to identify sites to accommodate its Regional Housing Needs Allocation (RHNA), as determined by HCD and the Merced County Association of Governments (MCAG). In summary, the RHNA process allocates the State of California's future housing needs to each County throughout the State. The State of California requires HCD to identify housing needs for each region in response to projected population and household growth. State law further mandates that each Council of Governments (COG) distribute the RHNA to each jurisdiction within the COG's region, or in this case, Merced County Association of Governments (MCAG). As such, the City, in the update to the Housing Element, identified a number of sites that could accommodate the City's fair share of the RHNA, in all income categories (e.g., very-low-, low-, moderate-, and above-moderate).
Under California Government Code Section 65400, the City is required to prepare a General Plan Housing Element Annual Progress Report for submittal to the City Council, LCI and HCD by April 1st of each year. There is an allowance of up to 60-days following the April 1st deadline to submit the report.
The purpose of the annual report is to provide the City Council and the State Departments (LCI and HCD) with a progress report on the City’s General Plan Housing Element’s implementation towards meeting the City's fair share in the RHNA (as discussed above).
The forms provided by HCD require the following information:
• Status of the housing plan, and progress in its implementation. • Progress in meeting its share of the locally adopted Regional Housing Needs Allocation. • The number of housing development applications received in the prior year. • The number of units included in all development applications in the prior year. • The number of units approved and disapproved in the prior year. • List of sites rezoned to accommodate that portion of the City's share of the regional housing need for each income level.
• Number of new net units of housing, including both rental and for-sale housing, which have been issued an entitlement, a building permit, or a certificate of occupancy. • Locally City owned lands included in the Housing Element that have been sold, leased, or disposed of.
Staff has prepared the 2025 Livingston Housing Element Annual Progress Report, and Tables B and D are included in Attachment 2 of this Staff Report. Some highlights of the 2025 calendar year include:
Development Application Processed
The City received one (1) entitlement application in late 2025 for proposed housing. • Parcel Map 2025-01, Site Plan Design Review 2025-04, and Exception to the Subdivision Ordinance 2025-01 for the development of two (2) single-family homes with attached accessory dwelling units – 612 East Avenue. This application has been reviewed and scheduled for public hearing.
New Home Construction
The City of Livingston issued building permits for ninety (90) residential units in 2025 as follows:
3 • 2 to 4 Unit Structures – Three (3) Permits
• Multi-Family – Eighty (80) Permits
• Accessory Dwelling Units – Seven (7) Permits
No building permits were issued for the very-low income category. Of the ninety building permits issued in 2025, one was finalized.
Progress Towards Meeting RHNA
As illustrated in Table B of the HCD Forms below and included as Attachment 2, Exhibit A of this Staff Report, the City issued 90 building permits for residential development in calendar year 2025. Table B illustrates the City's RHNA progress by Income Level.
Progress Toward Meeting the Housing Element Implementation Programs Table D of the HCD Forms included in Attachment 2, Exhibit B of this Staff Report provides a written progress report on each implementation program identified in the City's Housing Element.
ENVIRONMENTAL REVIEW:
The proposed Housing Element Annual Progress Report for Calendar Year 2025 is not considered a project as prescribed by the California Environmental Quality Act (CEQA). No environmental review is necessary for this item.
PLANNING COMMISSION ACTIONS AND RECOMMENDATION:
On March 10, 2026, the Planning Commission heard a staff presentation on the 2025 Housing Element Annual Progress Report. There were no questions from members of the public in attendance. At the end of the public comment period, the Commission, on a vote of 3-0, approved Planning Commission Resolution No. 2026-06, recommending the City Council to direct staff to transmit the report to the California Department of Housing and Community Development and the Governor’s Office of Land Use and Climate Innovation.
FISCAL IMPACT:
There is no fiscal impact.
ATTACHMENTS:
AcutelV Low
Income Level
Deed Restlicted
Non-Deed Restlicted
Deed Restrieled
Extremetv Low Non-Deed Restrieted
Deed Restrieled
Verv Low Non-Deed Restricted
Deed Restrieled
Low Non-Deed Restrieted
Deed Restrieled
Moderate Non-Deed Restrieted
Above Moderate
Total RHNA
Total Units
Projection
Period
Projection
RHNA Allocation Period -
by Income Level 06/30/2023-
01/30/2024
2024
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued bv Affordabilitv
2025 2026 2027 2028 2029 2030 2031 2032
311 f-----+-----+----+----+----+----+----+----+----f-------, 213 +-----+-----+---~•o+----+----+----+----+----+----+--------< 169 f-----+----+---~+---+----+----+----+----f----f------j 404
1,097
4 1 90
Total Units
to Date (all
years)
..
98 Total
Remaining
RHNAby
Income Level
311
129
162
397
999
4 1. Planning Commission Resolution 2026-06
2. Housing Element Annual Progress Report for Calendar Year 2025 Exhibit A – Table B, RHNA Progress Report
Exhibit B – Housing Element Implementation Report
3. City Council Resolution 2026-XX
Docusign Envelope ID: BFF3A2F5-3F85-4 76A-B 16F-BAEEE64 707C8 PLANNING COMMISSION RESOLUTION 2026-06
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON
RECOMMENDING THE CITY COUNCIL OF THE CITY OF LIVINGSTON TO RECEIVE
AND ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2025 AND AUTHORIZE STAFF TO SUB1\11T THE REPORT TO THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND THE
GOVERNOR'S OFFICE OF LAND USE
AND CLIMATE INNOVATION
WHEREAS, California Government Code Section 65400(2), requires the planning agency to provide an annual report to the City Council, the State Department of Housing and Community Development (HCD) and the Governor's Office of Land Use and Climate Innovation (LCI) regarding the progress made toward implementing the Housing Element of the City's General Plan; and WHEREAS, planning staff has prepared an annual progress report for the calendar year 2025, utilizing the prescribed forms and instructions provided by HCD; and
WHEREAS, the Planning Commission has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Livingston, based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby recommend the City Council receive and accept the annual progress report on the Housing Element, and authorize staff to forward the report to the California Department of Housing and Community Development and the Governor's Office of Land Use and Climate Innovation pursuant to Government Code Section 65400(2).
The foregoing resolution was introduced and moved for adoption on March 10, 2026, by Commissioner Bassi, and being duly seconded by Vice-Chair Flores, was passed by the following vote:
A YES: Mohinder Kanda, Steve Bassi, Jose Flores
NOES: None
ABSENT: Jasneil Singh, JT Mann, Renee Mendonca
ABSTAIN: None
ATTEST:
~
Signed by:
}st- f lbn.,s
("';Signed by:
L~ -~
Miguel Galvez,
Secretary of the Planning Commission
Jurisdiction Livingston
Reporting Year 2025 (Jan. 1 - Dec. 31)
Housing Element Planning
Period 6th Cycle 1/31/2024 - 1/31/2032
Building Permits Issued by Affordability Summary
Income Level Current Year
Very Low
Deed
Restricted 0
Non-Deed
Restricted 0
Low
Deed
Restricted 80
Non-Deed
Restricted 0
Moderate
Deed
Restricted 0
Non-Deed
Restricted 7
Above Moderate 3
Total Units 90
Note: Units serving extremely low-income households are included in the very lowincome permitted units totals Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 0 0
2 to 4 units per structure 0 3 0
5+ units per structure 0 80 0
Accessory Dwelling Unit 0 7 1
Mobile/Manufactured Home 0 0 0
Total 0 90 1
Infill Housing Developments and Infill Units
Permitted
# of
Projects Units
Indicated as Infill 17 90
Not Indicated as Infill 0 0
Housing Applications Summary
Total Housing Applications Submitted: 1
Number of Proposed Units in All Applications Received: 4 Total Housing Units Approved: 0
Total Housing Units Disapproved: 0
Use of SB 423 Streamlining Provisions - Applications
Number of SB 423 Streamlining Applications 0
Number of SB 423 Streamlining Applications Approved 0
Units Constructed - SB 423 Streamlining Permits
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 1 80
SB 6 (2022) 0 0
SB 423 (2023) 0 0
Ministerial and Discretionary Applications
# of
Applications Units
Ministerial 0 0
Discretionary 1 4
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0
Housing Element Programs Implemented and Sites
Rezoned Count
Programs Implemented 129
Sites Rezoned to Accommodate the RHNA
0 I
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued b Affordabili
Income Level
Deed Restricted
Acutel Low Non-Deed Restricted
Deed Restricted
Extreme! Low Non-Deed Restricted
Deed Restricted
Ve Low Non-Deed Restricted
Deed Restricted
Low Non-Deed Restricted
Deed Restricted
Moderate Non-Deed Restricted
Above Moderate
Total RHNA
Total Units
Projection
Period
Projection
RHNA Allocation Period -
by Income Level 06/30/2023-
01/30/2024
213
169
404 4
1,097
4 2024 2025
80 4
7 3
4 90
' For yec.rs prior to 2025, Acutely Low-Income units are reported within the Extremely Low-Income cate~or1 2026
' For jurisdictions that received RHNA determinations for the current cycle prior to the passage of AB 3093 (September 19, 2024):
2027
- Y ou were not allocated Acutely Low-Income and [ xtremely Low-Income RI INA targets, therefore the allocations in r ield 1 are listed as "O" • If you wish to set your own targets in these income categories for informational purposes, contact HCD staff at [email protected]. • All Acutely Low-Income and Extremely Low-Income unils reported durin~ the cy cle are counted towards Very-Low Income RHNA pro~ress 2 2028
3 4
2029 2030 2031
Total Units Total
2032 to Date (all Remaining
RHNA by years) Income Level
311
84 129
7 162
7 397
98 999
' For yec.rs prior to 2025, data on deed-restricted vs. non--0eed restricted Extremely Low-Income units is approximated from whether the projects reported any deed-restricted Very Low-Income Units. If you wish to edit this historical data for accuracy or have any questions about the data, you may lo~in to rCD's online APR sy stem, or contact HCD staff a: apr@),hcd.ca.~ov.
Please IJote: Table B does not currently contain data from Table For Table F2 for prior years. You may lo~in to the APR sy stem to see Table B that conta ns this data.
Please note: The APR form can only display data for one plannin~ period. To view pro~ress for a different plannin~ period, you may lo~in to HCD's online APR sy stem, or contact HCD staff at apr@),hcd.ca.~ov.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 5 6 7 8 9
Name of
Program Objective
Projected
Completion
Date in
Housing
Element
Applicable
Cycle
Status of
Program
Implementation
Program
Implementation
Details
Quantified
Outcomes:
Category
Quantified
Outcomes:
Count
Supporting
Documents
Regional
Collaboration
Starting in 2026, at least
annually participate in
regional meetings
related to housing and
homeless issues to pursue
funding and
coordination opportunities.
Annually pursue funding
opportunities for
regional housing issues.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to participate in
regional
meetings and
pursue funding
opportunities.
Other 0 None
Regional
Collaboration
Starting in 2026, at least
annually partner with the
Merced County
Human Services Agency
and/or the Merced County
Community
Action Agency to
proactively address shelter,
housing, and support
services for people
experiencing
homelessness.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to partner with
Merced County
agencies to
proactively
address housing
issues.
Other 0 None
Regional
Collaboration
Continue to be an active
participant with the Merced
County
Association of
Governments (MCAG) and
coordinate on regional
planning and policy efforts
to advance shared goals
throughout
Merced County.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to participate
with the Merced
County
Association of
Governments on
regional planning
and policy.
Other 0 None
Regional
Collaboration
Annually work with the
Merced Continuum of Care
to update and
implement the 10-Year Plan
to End Homelessness
during the planning
period.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to work with the
Merced
Continuum of
Care to
implement the
10-Year Plan to
End
Homelessness.
Other 0 None
Regional
Collaboration
Starting in 2026, annually
collaborate and coordinate
regionally and
with the California
Department of Housing and
Community
Development to ensure the
effective implementation of
the Housing
Element. This collaboration
will include regular
meetings (at least
annually), and will include
resource sharing, joint
efforts with internal
and external partners to
address regional housing
needs and achieve
the goals outlined in the
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to collaborate
with HCD to
effectively
implement the
Housing Element
and engage in
regular
meetings.
Meetings 0 None
Housing Element, including
affirmatively
furthering fair housing and
farmworker needs.
Regional
Collaboration
Starting in 2026, participate
in a regional collaboration
with
developers and affordable
housing advocates to
support the
development of housing
and implementation of the
Housing Element.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to participate in
regional
collaboration
with developers
and advocates.
Other 0 None
Regional
Collaboration
By 2026, establish a
working group that meets
annually to identify
regional housing
challenges, including but
not limited to affirmatively
furthering fair housing
efforts and farmworker
housing, funding
opportunities, and consider
input from the working
group to
coordinate efforts to
develop affordable housing
and implement the
housing element, including
making adjustments as
appropriate to
better achieve the goals
and objectives of the
housing element.
12/31/2026 6th Cycle In Progress
This program is
in progress. The
City will establish
a working group
that meets
annually to
identify regional
housing
challenges.
Other 0 None
Adequate Sites
for RHNA and
Monitoring of No
Net Loss
Facilitate the development
of 1,097 units over 8 years
(311 very-low
income, 213 low-income,
169 moderate-income, and
404 above
moderate-income units).
1/31/2032 6th Cycle In Progress
The City has
issued 96
building permits
for residential
development in
this planning
cycle.
Units 96 None
Adequate Sites
for RHNA and
Monitoring of No
Net Loss
Concurrent with the
adoption of the Housing
Element, rezone
properties as outlined
above and detailed in the
Chapter E6, Housing
Resources of this Housing
Element to fully
accommodate the
remaining RHNA of 306
units (198 lower-income
and 108 moderateincome units). As part of
the rezoning, confirm
appropriate
development standards
(including parking, height,
setback, lot
coverage, etc.) will and can
be met to ensure maximum
allowable
densities at the respective
zones can be achieved.
12/31/2026 6th Cycle In Progress
This program is
in progress. The
Housing Element
has not been
adopted yet and
the City will
complete the
rezones
concurrently.
Other 0 None
Adequate Sites
for RHNA and
Monitoring of No
Net Loss
Facilitate the development
of eight ADUs during the
planning period.
1/31/2032 6th Cycle In Progress
The City has
issued 7 building
permits for ADUs
in this planning
cycle.
Units 7 None
Adequate Sites
for RHNA and
Monitoring of No
Net Loss
Maintain an inventory of
available vacant and
prospective sites that
can accommodate new
housing and update
annually. Make this
inventory available to the
public and interested
developers on the
City website.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will make
the inventory of
available vacant
land public on
the City's
website.
Other 0 None
Adequate Sites
for RHNA and
Monitoring of No
Net Loss
Annually meet with property
owners and interested
affordable
housing developers to
pursue housing
development in the City.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to annually meet
with property
owners and
interested
affordable
housing
developers to
pursue housing
development.
Meetings 0 None
Adequate Sites
for RHNA and
Monitoring of No
Net Loss
Concurrent with the
adoption of the Housing
Element, develop a
formal procedure to monitor
no net loss in capacity
pursuant to SB
166.
12/31/2026 6th Cycle In Progress
This program is
in progress. The
Housing Element
has not been
adopted yet and
the City will
develop a formal
procedure to
monitor no net
loss.
Other 0 None
Adequate Sites
for RHNA and
Monitoring of No
Net Loss
Encourage the
consolidation of adjacent
parcels zoned High Density
Residential (R-3) or (DTC)
and the splitting of large R-
3 zoned parcels
(see Program 8).
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to encourage the
consolidation of
adjacent parcels
zoned High
Density
Residential.
Other 0 None
Adequate Sites
for RHNA and
Monitoring of No
Net Loss
By the end of 2025,
establish objective
development standards for
development to facilitate
large-site development in
phases if
appropriate. Annually
promote objective
development standards to
developers active in the city
as part of the action to
annually meet
with property owners and
developers outlined above.
12/31/2025 6th Cycle In Progress
This program is
in progress. The
City will establish
objective
development
standards to
facilitate large-
site
developments.
Other 0 None
Adequate Sites
for RHNA and
Monitoring of No
Net Loss
By the end of 2027, if
development of housing is
not feasible on these
large sites, within 6 months
(by July 2028) the City will
identify
additional incentives and
planning tools or alternative
strategies if
necessary to ensure
adequate capacity for the
RHNA.
7/31/2028 6th Cycle Not Yet Started
This program
has not been
started yet.
Other 0 None
Adequate Sites
for RHNA and
Monitoring of No
Net Loss
In 2027, the City will
evaluate the progress of
pending projects
counted toward the RHNA
to ensure that development
of housing
units is occurring as
projected. If it is determined
after consultation
with developers that the
projects are not proceeding
as planned and
would result in a shortfall in
RHNA sites, the City will
12/31/2027 6th Cycle Not Yet Started
This program
has not been
started yet.
Other 0 None
identify
alternative sites strategies
(including potential
rezoning) within six
months.
By-Right
Approval
By January 31, 2026,
update the Zoning
Ordinance to address the
by-right
approval requirements.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City began
processing a
Zoning
Ordinance Text
Amendment to
add by-right
approval
procedures to
the Zoning
Code.
Other 0 None
Replacement
Housing
Concurrent with the
adoption of the Housing
Element, amend the Zoning
Ordinance to address the
replacement housing
requirements.
12/31/2026 6th Cycle In Progress
This program is
in progress. The
Housing Element
has not been
adopted yet and
the City will
amend the
Zoning
Ordinance to
address
replacement
housing
requirements.
Other 0 None
Accessory
Dwelling Units
Facilitate the development
of 8 ADUs over eight years. 1/31/2032 6th Cycle In Progress The City has
issued 7 building
permits for ADUs
in this planning
cycle.
Units 7 None
Accessory
Dwelling Units
Update ADU webpage to
include available resources
for ADU
production, such as grants
for pre-development costs
available to
lower-income homeowners
through California Finance
Agency
(CalHFA).
12/31/2026 6th Cycle In Progress
This program is
ongoing. The
City will continue
to update the
ADU resources
on the City's
website.
Other 0 None
Accessory
Dwelling Units
Conduct three educational
workshops, campaigns, or
outreach
events to disseminate ADU
development information.
12/31/2026 6th Cycle Continuous
This program is
ongoing. The
City will conduct
workshops and
outreach on
ADU
development.
Meetings 0 None
Accessory
Dwelling Units
Develop an ADU
application checklist and
publish the checklist on
the City’s website by
December 31, 2026.
12/31/2026 6th Cycle In Progress
This program is
in progress. The
City will develop
an ADU
application
checklist and
publish on the
City's website.
Other 0 None
Accessory
Dwelling Units
Add information on the
ADU permitting process, as
well as
available resources and
incentives, on the City’s
website by
December 31, 2026.
12/31/2026 6th Cycle In Progress
This program is
in progress. The
City will publish
information
about the ADU
permitting
process on the
City's website.
Other 0 None
Accessory
Dwelling Units
Participate in regional
collaboration efforts to
create pre-approved
ADU plans.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to participate in
regional efforts
to create pre-
approved ADU
plans.
Other 0 None
Accessory
Dwelling Units
Explore an ADU amnesty
program. If feasible,
establish an ADU
amnesty plan by December
31, 2026.
12/31/2026 6th Cycle In Progress
This program is
in progress. The
City will amend
its ADU
ordinance to be
consistent with
State law.
Other 0 None
Accessory
Dwelling Units
Upon HCD’s review of the
City’s Updated ADU
Ordinance, the City will
amend its ADU ordinance if
necessary to be consistent
with ADU law
by the end of 2025.
12/31/2025 6th Cycle In Progress
This program is
in progress. The
City will continue
to explore an
ADU amnesty
program and
implement if
feasible.
Other 0 None
Accessory
Dwelling Units
Conduct a feasibility study
to determine the possibility
of Zoning Code
amendments to incentivize
ADU production during the
planning
period.
1/31/2032 6th Cycle Not Yet Started
This program
has not been
started yet.
Other 0 None
Zoning
Ordinance
Amendments
Remove subjective
judgement from the site
plan review,
administrative permits, and
use permits and provide
objectives with
regard to what constitutes
an impairment to the
integrity and
character of the zoning
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City began
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
district, in accordance with
SB 330.
Zoning
Ordinance
Amendments
Establish procedure for
implementing SB 35. 1/31/2026 6th Cycle In Progress
This program is
in progress. The
City began
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Revise or remove
subjective approval
findings for the Site Plan
and Design Review process
and improve
approval certainty.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City began
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Amend the Zoning Code to
provide an opportunity for
minor
modifications to height
restrictions for projects with
an
affordability component.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City began
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Revise the Zoning
Ordinance to reduce
parking requirements for
mobile homes, senior
citizen housing, one-
bedroom units, and
studios to require no more
than one space per unit.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City began
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Revise the Zoning
Ordinance to allow
additional by-right
development of multi-family
housing and remove use
permit
requirements for multi-
family development with
more than 25
units or with a density in
excess of 24 units per
gross acre in the R
2, R-3, and Downtown
Commercial (DTC) zones.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City began
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Increase the maximum site
coverage to 0.6 in the R-3
zone to allow
for maximum density.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City began
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Revise the zoning
Ordinance to provide
additional
density bonuses under the
criteria set forth by AB
1287.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City began
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Revise the Zoning
Ordinance
to allow the development of
SROs in residential zones
allowing multifamily uses and/or
commercial zones allowing
hotel and motel uses
and establish a procedure
to encourage and facilitate
SRO
development in the
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City began
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
allowable zoning district(s),
including
development standards.
Zoning
Ordinance
Amendments
Revise the Zoning
Ordinance to allow
low-barrier navigation
centers by-right in nonresidential zones
permitting multifamily uses.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City began
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Revise the Zoning
Ordinance to allow a
streamlined, ministerial
approval process, not
subject to a conditional
use permit (CUP), to
eligible agricultural
employee housing
developments to ensure
compliance with the
Employee Housing Act
(Health & Safety Code
Section 17021.6 and
17021.8), which requires
that any farmworker
housing consisting of no
more than 36 beds in a
group quarters or 12 units
or spaces designed for use
by a single
family or household shall be
deemed an agricultural land
use for the
purposes of this section.
Farmworker housing shall
not be deemed a
use that implies that the
employee housing is an
activity that differs in
any other way from an
agricultural use. No
conditional use permit,
zoning variance, or other
zoning clearance shall be
required of this farmworker
housing that is not required
of any other agricultural
activity in the same zone.
The permitted occupancy in
farmworker
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City began
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
housing in a zone allowing
agricultural uses shall
include agricultural
employees who do not work
on the property where the
farmworker
housing is located.
Zoning
Ordinance
Amendments
Revise the Zoning
Ordinance to allow care
facilities of seven or more
residents in all zones that
permit residential
uses, approved with
objectivity and certainty,
and subject only to the
requirements of residential
uses of similar type and
form.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City begun
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Revise the zoning
ordinance to permit
Permanent Supportive
housing without
discretionary action in
zones that permit multi-
family housing and
comply with Government
Code section 65621,
including but not
limited to processing and
parking requirements for
projects located
within one-half mile of
transit. In addition, revise
the Zoning
Ordinance, as appropriate,
to permit
transitional/supportive
housing
as a residential use in all
zones allowing residential
uses and only
subject to those restrictions
that apply to other
residential dwellings
of the same type in the
same zone.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City begun
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Amend the Zoning Code to
explicitly allow
emergency shelters by-
right, in residential and/or
residential mixed
use zone(s). Amend the
Zoning Code to define Low-
Barrier Navigation
Centers, consistent with
state law and to explicitly
allow by-right, in
mixed-use and
nonresidential districts
permitting multifamily uses.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City begun
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Ensure the definition of
emergency shelters
complies with AB 2339
to include interim housing
options such as bridge
housing,
navigation centers, and
respite and recuperative
care.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City begun
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Remove maximum stay
requirements for
emergency shelters.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City begun
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Ensure parking standards
to only require parking for
staff, and in
no cases require more
parking than is required for
similar uses in
that district.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City begun
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Remove the requirement to
have a minimum 300 foot
separation
from residential zones,
parks, and schools.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City begun
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Remove design
requirements relating to
views of adjacent
properties.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City begun
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
Zoning
Ordinance
Amendments
Remove subjective criteria
in the determination
requirements for
reasonable accommodation
requests.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City begun
processing the
Zoning
Ordinance Text
Amendments.
Other 0 None
General Plan
Amendments
By January 31, 2026,
update the General Plan to
facilitate multi-family
residential uses in
commercial zones for the
encouragement of mixed
use development and
include discussion on ADUs
to ensure
compliance with State law.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City is in the
process of a
Comprehensive
General Plan
Update.
Other 0 None
Facilitating
Affordable
Housing
Development
Annually pursue funding at
the local, regional, state,
and federal levels
such as State Community
Development Block Grants
(CDBG),
CalHome, PLHA, and
Project Homekey funds.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to pursue
funding at the
local, regional,
state, and
federal levels.
Other 0 None
Facilitating
Affordable
Housing
Development
Work with other jurisdictions
in Merced County to create
a regional
list of affordable housing
developers. Annually
conduct outreach to
these developers with
information on potential
sites, available
regulatory concessions and
incentives, and potential
funding
opportunities.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to work with
jurisdictions in
Merced County
to create a
regional list of
affordable
housing
developers.
Other 0 None
Facilitating
Affordable
Housing
Development
By the end of 2025, revise
the Density Bonus
Ordinance in compliance
with state law (Government
Code Section 65915) to
equally provide
for density bonuses in all
zoning districts where
residential uses are
permitted and to include
provisions relative to
density bonuses,
incentives, and
concessions as required by
state law.
12/31/2025 6th Cycle In Progress
This program is
in progress. The
City begun
processing a
Zoning
Ordinance Text
Amendment to
amend the
Density Bonus
Ordinance.
Other 0 None
Facilitating
Affordable
Housing
Development
Facilitate the development
of affordable housing by
allowing
improvements to be
negotiated.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to facilitate the
development of
affordable
housing by
allowing
improvements to
be negotiated as
needed.
Other 0 None
Facilitating
Affordable
Housing
Development
Facilitate the development
of affordable housing
through the provision of the
following regulatory
concessions and
incentives: Density
increases under the City’s
Density Bonus Ordinance;
Expedited and streamlined
project application review
involving any of the
following housing
categories: very low-income
households; large families;
persons with disabilities or
developmental disabilities;
and farmworkers; Potential
waivers/reductions/deferrals
until certificate of
occupancy; Reduced
parking requirements.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to provide
regulatory
concessions and
incentives to
facilitate the
development of
affordable
housing.
Other 0 None
Facilitating
Affordable
Housing
Development
Encourage the
consolidation of adjacent
parcels zoned High Density
Residential (R-3) or (DTC)
and the splitting of large R-
3 zoned parcels.
This may include working
with property owners to
consolidate
parcels, coordinating with
local property owners to
support the
development of affordable
multi-family housing
developments, or
working with developers to
identify suitable vacant
adjoining R-3 or
DTC sites.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to encourage the
consolidation of
adjacent parcels
zoned High
Density
Residential.
Other 0 None
Facilitating
Affordable
Housing
Development
By the end of 2025,
develop incentives to
encourage lot
consolidation. Typical
strategies include
ministerial approval of lot
line
adjustments and flexible
development standards
(such as reduced or
alternative parking
arrangements, increased
height, or lot coverage)
for large sites.
12/31/2025 6th Cycle In Progress
The program is
in progress. The
City will develop
incentives to
encourage lot
consolidation.
Other 0 None
Facilitating
Affordable
Housing
Development
Annually review and update
the City's impact fees to
ensure that they
are consistent with the
City's costs to provide these
services and that
they do not act as a
constraint to residential
development.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to review and
update impacts
fees annually as
needed.
Other 0 None
Facilitating
Affordable
Housing
Development
Conduct a workshop in
2027 and 2029 to explain
recent legislation
(SB 4 and AB 1851) and
how it can apply to religious
facility
properties in Livingston and
invite religious facility
owners and
local nonprofit developers
to participate.
12/31/2029 6th Cycle Not Yet Started
This program
has not been
started yet.
Meetings 0 None
Facilitating
Affordable
Housing
Development
Provide informational
materials to religious facility
property
owners on the development
process.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to provide
informational
materials to
religious facility
property owners
on the
development
process.
Other 0 None
Facilitating
Affordable
Housing
Development
Provide technical
assistance to religious
facility property owners to
assist with the project
entitlements.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to provide
technical
assistance to
religious facility
property owners
to assist with the
project
entitlements.
Other 0 None
Facilitating
Affordable
Housing
Development
Review the General Plan
and applicable zoning
regulations, and
revise as necessary, to
facilitate affordable housing
on religious
facility sites.
1/31/2032 6th Cycle In Progress
This program is
in progress. The
City will review
the General Plan
and applicable
zoning
regulations to
facilitate
affordable
housing on
religious facility
sites.
Other 0 None
Facilitating
Affordable
Housing
Development
Review the General Plan,
applicable Specific Plans,
and Zoning Code
and Zoning Map to evaluate
opportunities for removing
barriers to
housing production, adding
housing capacity, and
accommodating a
greater mix of dwelling
types and sizes households
(e.g., duplexes,
triplexes, fourplexes,
townhouses, courtyard
buildings), prioritizing
opportunities and sites near
transit and community
resources. Review
General Plan, Specific
Plans, and Zoning Code
and Zoning Map by
January 2026 and
implement any changes by
January 2027 (see
Program 6).
1/31/2027 6th Cycle In Progress
This program is
in progress. The
City will review
the General Plan
and applicable
planning
documents to
evaluate
opportunities for
removing
barriers to
housing
production and
will implement
any necessary
changes.
Other 0 None
Facilitating
Affordable
Housing
Development
Beginning in 2025, and
annually thereafter, apply
for state and federal
funds to facilitate the
development of affordable
housing, including
housing for extremely low-
income households and
those with special
housing needs. Partner with
nonprofit housing
developers to support
the entitlement of at least
75 subsidized housing units
affordable to extremely low-
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to apply for state
and federal
funds to facilitate
affordable
housing
development.
Other 0 None
, very low-, and low-income
households in the city
during the planning period,
prioritizing sites near
services.
Preservation of
At-Risk Housing
Monitor affordable units
during the planning period. 1/31/2032 6th Cycle Continuous This program is
ongoing. The
City will continue
to monitor
affordable
housing units
during the
planning period.
Other 0 None
Preservation of
At-Risk Housing
Maintain annual contact
with property owners of
affordable housing
regarding any change in
status/intent or need for
assistance, such as
rehabilitation assistance.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to maintain
annual contact
with property
owners of
affordable
housing.
Other 0 None
Preservation of
At-Risk Housing
Maintain the AB 987
database to include
detailed information on all
subsidized units, including
those that have affordability
covenants.
Update annually.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to maintain the
AB 987
database.
Other 0 None
Housing
Preservation and
Rehabilitation
By January 2026 and
annually thereafter,
advertise available
rehabilitation grant
programs on the City’s
website with the goal of
referring three households
annually. Ensure that Code
Enforcement
has the information when
addressing enforcement
cases.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to advertise
available
rehabilitation
grant programs.
Other 0 None
Housing
Preservation and
Rehabilitation
Utilize the Code
Enforcement Division and
annually analyze data to
track areas where
rehabilitation needs are
heightened.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to work with
Code
Enforcement to
track areas
where
rehabilitation
needs are
heightened.
Other 0 None
Housing
Preservation and
Rehabilitation
Annually monitor state and
federal funding
opportunities, such as
Section 504 loans and
HOME funds. Maintain and
manage a list of
existing rehabilitation loans
with the goal of applying for
one
opportunity for residential
rehabilitation assistance
annually.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to monitor state
and federal
funding
opportunities.
Other 0 None
Housing
Preservation and
Rehabilitation
Conduct a housing
conditions survey by
December 31, 2027.
12/31/2027 6th Cycle Not Yet Started
This program
has not been
started yet.
Other 0 None
Lower
-Income
and Special
Needs Housing
Assist 25 Livingston
households through HCVs
annually.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to assist
households with
HCV as needed.
Households 0 None
Lower-Income
and Special
Needs Housing
Annually work with the
Housing Authority to
continue providing
assistance in the
community.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to work with the
Housing
Authority to
continue
providing
assistance in the
community.
Other 0 None
Lower-Income
and Special
Needs Housing
Over the eight-year
planning period,
subsequent to each Point-in
Time Count, conduct
workshops for the Planning
Commission and City
Council to share the data
from the count.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to present the
Point-in-Time
Count data to
the Planning
Commission and
City Council.
Meetings 0 None
Lower-Income
and Special
Needs Housing
Develop an inventory of
affordable housing, with
contact information
and the number of
affordable units, and
publish the inventory on the
City’s website by July 2025.
7/31/2025 6th Cycle In Progress
This program is
in progress. The
City will develop
on inventory of
affordable
housing and
publish the City's
website.
Other 0 None
Lower-Income
and Special
Needs Housing
Connect low-income
residents with housing
assistance resources,
including the HCV program.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to connect low-
income residents
with housing
assistance
Other 0 None
resources as
needed.
Lower-Income
and Special
Needs Housing
Add information on the
HCV Program and other
housing assistance
programs to the City’s
website by January 31,
2026.
1/31/2026 6th Cycle In Progress
This program is
in progress. The
City will add
information on
the HCV
program and
other housing
assistance
programs to the
City's website.
Other 0 None
Lower-Income
and Special
Needs Housing
Promote the availability of
assistance programs
through all City’s
social media pages at least
twice per year.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to promote the
availability of
assistance
programs on the
City's social
media pages at
least twice a
year.
Other 0 None
Lower-Income
and Special
Needs Housing
Attend at least two
community events during
the planning period
to spread awareness and
distribute fact sheets on
available
financial assistance
programs.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will attend at
least two
community
events to spread
awareness on
financial
assistance
programs.
Meetings 0 None
Lower
-Income
and Special
Needs Housing
In collaboration with the
Housing Authority, provide
education to
property owners and
managers to expand
awareness of the HCV
program to increase
acceptance of tenant-based
HCVs and to facilitate
mobility and provide
choices for lower-income
households throughout
the City. Identify and
address challenges that
property
owners/managers have
with existing or prospective
HCV holders.
Include education regarding
laws prohibiting source of
income
discrimination (Fair
Employment and Housing
Act).
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to provide
education to
property owners
and expand the
awareness of
HCVs.
Other 0 None
Lower-Income
and Special
Needs Housing
Starting in 2027, annually
conduct one outreach event
for
landlords on the HCV
program, for a total of five
events during the
planning period (e.g.,
workshops, community
events, mailings,
etc.).
1/31/2032 6th Cycle Not Yet Started
This program
has not been
started yet.
Meetings 0 None
Lower
-Income
and Special
Needs Housing
Support regional efforts,
such as those of the
Merced County Housing
Authority and other
organizations, to identify
sites, including sites
within the City’s Sphere of
Influence for permanent
and seasonal
farmworker housing.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to support
regional efforts
of the Merced
County Housing
Authority and
other
organizations.
Other 0 None
Lower-Income
and Special
Needs Housing
Consistent with state law
that mandates the provision
of housing for
ELI households, the City
will prioritize processing
and funding
allocation for projects that
include units for ELI
households, especially
farmworker housing.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to prioritize
processing and
funding
allocation for
projects with ELI
units.
Other 0 None
Lower-Income
and Special
Needs Housing
Consistent with state law
that mandates the provision
of housing for
special needs households,
the City will prioritize
processing and funding
allocation for projects that
include units for special
needs
households such as
farmworker households.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to prioritize
processing and
funding
allocation for
projects with
special needs
household units.
Other 0 None
Lower-Income
and Special
Needs Housing
The City shall provide
technical assistance when
needed and
continue to conduct pre-
application conferences
and meet with
farmworker housing
developers on an ongoing
basis.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to provide
technical
assistance and
conduct pre-
application
Meetings 0 None
conferences as
needed.
Lower-Income
and Special
Needs Housing
Post information on the
Community and Economic
Development
Department website within
one year of Housing
Element
adoption. Information
includes a site inventory
and available land,
housing resources and
grant information.
12/31/2026 6th Cycle Not Yet Started
This program
has not been
started yet. The
City will post
information
regarding the
site inventory,
housing
resources, and
grants on the
City's website
within a year of
the Housing
Element
adoption.
Other 0 None
Lower-Income
and Special
Needs Housing
Contact farmworker
housing developers to
determine interest and
identify constraints to
farmworker housing
development within
the city by the end of 2025
and annually thereafter.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to contact
farmworker
housing
developers to
determine
interest and
identify
constraints to
housing
development.
Other 0 None
Lower
-Income
and Special
Needs Housing
Prioritize the review and
processing of farmworker
housing
applications.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to prioritize the
review and
processing of
farmworker
housing
applications as
applications are
filed.
Other 0 None
Lower-Income
and Special
Needs Housing
Create and distribute
informational materials to
raise awareness
about farmworker housing
programs and opportunities
by the end
of 2025 and annually
thereafter.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will create
and distribute
informational
materials to raise
awareness about
farmworker
housing
programs.
Other 0 None
Lower-Income
and Special
Needs Housing
As part of the working
group, described in
Program 1, meet
annually to discuss and
identify efforts to address
farmworker
housing regionally.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to meet with the
working group to
address
farmworker
housing
regionally.
Meetings 0 None
Lower-Income
and Special
Needs Housing
Beginning in 2026 and
annually thereafter, pursue
funding available at
the state and federal levels
for affordable housing
development.
Specifically, pursue funding
programs that target the
needs of
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to pursue
funding for
affordable
housing
development for
low income
households.
Other 0 None
extremely low- and very
low-income households.
Lower-Income
and Special
Needs Housing
Provide letters of support to
funding applications by
developers if the
proposed projects are
consistent with the goals
and objectives of this
Housing Element, as
requested.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to provide letters
of support to
funding
applications for
any developers
as requested.
Other 0 None
Lower
-Income
and Special
Needs Housing
The City, County, and
regional collaboration
partners will pursue a
variety of strategies and
funding to encourage the
development,
rehabilitation and
conservation of housing for
farmworkers such as
such as funding
development, integrating
housing for farmworkers
into development,
developer identification,
maintaining an inventory
of suitable sites, site
development, ensure
zoning and development
standards facilitate a variety
of housing types for
farmworker housing
needs. The City and
collaborative partners will
make a specific and at
least annual effort to assist
in the development of
housing for
farmworkers and conserve
and improve the existing
housing stock for
farmworkers.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to collaborate
with regional
partners to
pursue a variety
of strategies and
funding to
encourage
development of
farmworker
housing.
Other 0 None
Lower-Income
and Special
Needs Housing
Contacting nonprofit
developers at least every
other year to
identify opportunities for the
development or
improvement of
housing for farmworkers.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to contact non-
profit developers
to identify
opportunities for
farmworker
housing.
Meetings 0 None
Lower
-Income
and Special
Needs Housing
Coordinating and
participating with regional
organizations,
including non-profit,
academic, and employers,
to raise awareness,
share and employ
strategies, or target new
resources.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to participate
with regional
organizations.
Other 0 None
Lower-Income
and Special
Needs Housing
Coordinating annually with
organizations that represent
or serve
farmworkers.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to coordinate
with
organizations
that represent
and serve
farmworkers.
Other 0 None
Lower-Income
and Special
Needs Housing
Providing incentives and
other strategies beyond
state density
bonus law to encourage
housing for farmworkers,
including setting
aside housing for
farmworkers within
developments, supporting
funding applications,
prioritizing entitlements,
and establishing
appropriate zoning and
development standards.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to provide
incentives for
farmworker
housing as
needed.
Other 0 None
Lower
-Income
and Special
Needs Housing
Targeting code
enforcement and other
resources to the existing
housing stock with the most
need for rehabilitation and
sanitary
conditions that could be
more likely to house
farmworkers and
work with regional or other
organizations to improve
living
conditions for farmworkers.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to target code
enforcement and
other resources
to the existing
housing stock
with the most
need for
rehabilitation.
Other 0 None
Community and
Economic
Development
Coordinate with the City
Engineer and Public Works
Department to
review the City’s Capital
Improvement Projects (CIP)
to ensure public
facilities and infrastructure
are supportive of the needs
of the City.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to coordinate
with the City
Engineer and
Public Works
Department to
review the City’s
Capital
Improvement
Projects.
Other 0 None
Community and
Economic
Development
Repairing, replacing, and
completing sidewalks in
aging
neighborhoods.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to pursue
opportunities to
repair, replace,
and complete
sidewalks in
aging
neighborhoods.
Other 0 None
Community and
Economic
Development
Continue planning for the
Rec Plex, a 2.05 acre
recreation building
and park in Central
Livingston. Continue to
identify and apply for
funding opportunities to go
towards project completion.
1/31/2032 6th Cycle In Progress
This program is
in progress. The
City is currently
processing the
application for
the Rec Plex.
Other 0 None
Community and
Economic
Development
Development of a new well
to address water supply
and quality
challenges.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to pursue the
development of
a new well to
address water
supply and
quality
challenges.
Other 0 None
Community and
Economic
Development
Annually conduct outreach
to industrial and commercial
businesses to
locate in Livingston.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to conduct
outreach to
industrial and
commercial
businesses to
locate in
Livingston.
Other 0 None
Community and
Economic
Development
Expand awareness of
available employment
assistance and job
training programs.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to expand
awareness of
available
employment
assistance and
job training
programs.
Other 0 None
Community and
Economic
Development
Host at least one
employment workshop
annually to assist residents
in
preparing for local job fairs,
developing resumes, and
prepare for
interviews as well as
spreading awareness of
available employment,
training and job preparation
resources through Worknet
Merced
County.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to host
employment
workshops
annually to
assist residents.
Meetings 0 None
Community and
Economic
Development
Continue to identify and
apply for loans and grants
annually
to improve and upgrade
City infrastructure, such as
the water, sewer,
storm drainage, and
circulation system in order
to meet future
residential, industrial, and
commercial demand with
the goal of
initiating one
improvement/upgrade
during the planning period.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to apply for loans
and grants to
improve and
upgrade City
infrastructure.
Other 0 None
Community and
Economic
Development
Give
priority to providing
infrastructure to vacant R-3
parcels, especially
those in the southeastern
portion of the City, as well
as DTC parcels in
order to support the
development of multifamily
housing in these
areas.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to give priority to
providing
infrastructure to
vacant R-3
parcels to
support the
development of
multifamily
Other 0 None
housing in these
areas.
Community and
Economic
Development
Starting in 2025 and bi-
annually, coordinate with
Merced County and
the San Joaquin Valley Air
Pollution Control District to
develop and implement a
plan to reduce pollution
burden throughout the city,
targeting air quality, water
quality, and pesticide use.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to coordinate
with Merced
County and the
San Joaquin
Valley Air
Pollution Control
District.
Other 0 None
Community and
Economic
Development
Assess pollution
burden the city and create
an action plan to reduce
pollution burden
and address proper
remediation plans for
cleanup sites and
hazardous waste sites.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will assess
pollution burden
the city and
create an action
plan to reduce
pollution burden.
Other 0 None
Community and
Economic
Development
Encourage the use of
pedestrian-oriented
design, greenbelts, parks,
bicycle routes, and open-
space to enhance
new residential
neighborhoods in
Livingston.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to encourage the
use of
pedestrian-
oriented design,
greenbelts,
parks, bicycle
routes, and
open-space to
enhance new
residential
Other 0 None
neighborhoods
in Livingston.
Community and
Economic
Development
Support developers in
using designs that
encourage Smart Growth
and consistency with the
City’s Design Guidelines.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to support
developers in
using designs
that encourage
Smart Growth
and consistency
with the City’s
Design
Guidelines.
Other 0 None
Community and
Economic
Development
Concurrent with Housing
Element adoption, at least
every other year,
identify funding sources
and apply for funding to
address additional
community development
issues such as
neighborhood revitalization,
parks, safe routes to
school, community facilities,
or addressing
pollution burdens, with the
goal of securing funding for
two additional
community revitalization
projects during the planning
period.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to identify
funding sources
and apply for
funding to
address
additional
community
development
issues.
Other 0 None
Community and
Economic
Development
Hold at least one
community workshop in
North and South Livingston
by December 2026 to
identify active
transportation needs and
apply
for funding to implement
projects outlined in the
Regional Active
Transportation Plan by
December 2027. Implement
at least one active
transportation project in
North and South Livingston
by the end of the
planning period.
12/31/2026 6th Cycle In Progress
This program is
in progress. The
City will hold at
least one
community
meeting in North
and South
Livingston to
identify
transportation
needs.
Meetings 0 None
Community and
Economic
Development
By the end of 2031, revise
land use policies to support
compact, walkable
development near the
proposed station.
12/31/2031 6th Cycle Not Yet Started
This program
has not been
started yet.
Other 0 None
Community and
Economic
Development
By the end of 2031,
develop a station area
master plan with strategies
to guide land use,
circulation, and economic
development.
12/31/2031 6th Cycle Not Yet Started
This program
has not been
started yet.
Other 0 None
Community and
Economic
Development
Identify opportunities to
improve multimodal
connectivity around the
proposed station area.
Seek funding to implement
bike lanes, sidewalks, and
transit connections to the
station area.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to identify
opportunities to
improve
multimodal
connectivity
around the
proposed station
area.
Other 0 None
Community and
Economic
Development
Continue to collaborate with
the San Joaquin Regional
Rail
Commission and participate
in meetings related to the
proposed
extension of the Ceres-
Merced line.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to collaborate
with the San
Joaquin
Regional Rail
Commission and
participate in
meetings related
to the proposed
extension of the
Ceres-Merced
line.
Meetings 0 None
Fair Housing
Outreach and
Enforcement
Coordinate with Central
California Legal Services
(CCLS)/other fair
housing nonprofit
organizations to provide fair
housing and
tenant/landlord services,
including investigation of
discrimination
complaints, fair housing
counseling and education,
fair housing
testing, and tenant/landlord
counseling and mediation.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to coordinate
with Central
California Legal
Services
(CCLS)/other fair
housing
nonprofit
organizations to
provide fair
housing and
tenant/landlord
services
Other 0 None
Fair Housing
Outreach and
Enforcement
Collaborate with the County
and fair housing service
providers that
serve the County to 1)
identify funding sources to
support fair housing
and landlord/tenant
counseling programs; 2)
provide information on
fair housing laws at City
Hall, the library, on the
City's website, and
other areas in which the
community gathers
information. and 3)
address or refer complaints
of housing discrimination to
appropriate
state or federal agencies.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to collaborate
with the County
and housing
service
providers.
Other 0 None
Fair Housing
Outreach and
Enforcement
Make information on
housing, housing programs,
and housing
assistance available to all
members of the community,
including
information on second
units. Continue to provide
materials in both
Spanish and English. Place
information at a public
counter in City Hall,
the City's website, at other
public locations.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to make
information on
housing
available to the
community.
Other 0 None
Fair Housing
Outreach and
Enforcement
Partner with local
organizations to distribute
information on fair
housing services and
homebuyer education
programs by distributing
flyers, attending local
events, social media
campaigns, and
educational workshops in
both English and Spanish.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to partner with
local
organizations to
distribute
information on
fair housing
services.
Other 0 None
Fair Housing
Outreach and
Enforcement
Coordinate with non-profit
organizations, local
community groups,
and service organizations
to increase awareness of
and access to
housing resources and fair
housing assistance.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to coordinate
with non-profit
organizations to
increase
awareness of
housing
resources.
Other 0 None
Fair Housing
Outreach and
Enforcement
In coordination with other
Merced County
jurisdictions, develop a Fair
Housing factsheet to be
included with the ADU
application packet to
inform property owners of
their responsibility with
State and federal
fair housing laws. Publish
fair housing guide with ADU
applications on
or before January 2027.
1/31/2027 6th Cycle In Progress
This program is
in progress. The
City will develop
a fair housing
factsheet and
publish with the
ADU application.
Other 0 None
Fair Housing
Outreach and
Enforcement
Conduct fair housing
outreach, including
dissemination of the ADU
Fair Housing factsheet, at
one workshop or
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to conduct fair
housing
Meetings 0 None
community event
annually.
outreach at one
annual event.
Fair Housing
Outreach and
Enforcement
Update the City’s website to
provide a link to the City’s
Reasonable
Accommodations policy on
the Housing Division page
and add contact
information for City staff
who oversee the application
process.
1/31/2032 6th Cycle In Progress
This program is
in progress. The
City will update
the City's
website to
include the
Reasonable
Accommodations
policy.
Other 0 None
Fair Housing
Outreach and
Enforcement
Evaluate compliance with
the new transparency
requirements per
Government Code Section
65940.1(a)(1) and make
changes as
necessary. Update links on
the City’s Community
Development
Department webpage to
connect to the most recent
versions of each
resource and document.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to evaluate
compliance with
State law and
update the City's
website.
Other 0 None
Water and Sewer
Service
By January 31, 2028,
complete update to water
and sewer master
plans.
1/31/2028 6th Cycle Not Yet Started
This program
has not been
started yet.
Other 0 None
Water and Sewer
Service
Annually, conduct outreach
and education on water
conservation
measures through a social
media campaign.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to conduct
outreach and
education on
water
conservation.
Other 0 None
Water and Sewer
Service
Pursue/provide
rehabilitation assistance
that includes energy
conservation and
weatherization
improvements as eligible
activities.
1/31/2032 6th Cycle Continuous
This program is
ongoing. The
City will continue
to pursue
rehabilitation
assistance that
includes energy
conservation and
weatherization
improvements.
Other 0 None
Water and Sewer
Service
By January 31, 2026, adopt
a policy to prioritize the
allocation of
water and sewer services to
affordable housing projects
(SB 1087).
12/31/2026 6th Cycle In Progress
This program is
in progress. The
City will adopt a
policy to
prioritize the
allocation of
water and sewer
services to
affordable
housing projects.
Other 0 None
ATTACHMENT 3
RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON TO
RECEIVE AND ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS
REPORT FOR CALENDAR YEAR 2025 AND AUTHORIZE STAFF TO SUBMIT
THE REPORT TO THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT AND THE GOVERNOR'S OFFICE OF LAND
USE AND CLIMATE INNOVATION
WHEREAS, California Government Code Section 65400(2), requires the planning agency to provide an annual report to the City Council, the State Department of Housing and Community Development (HCD) and the Governor's Office of Land Use and Climate Innovation (LCI) regarding the progress made toward implementing the Housing Element of the City's General Plan; and
WHEREAS, planning staff has prepared an annual progress report for the calendar year 2025, utilizing the prescribed forms and instructions provided by HCD; and WHEREAS, the Planning Commission, has reviewed the annual progress report at a public hearing on March 10, 2026, and has fully considered all comments whether orally or in writing regarding the proposed use permit; and WHEREAS, the Planning Commission, in a vote of 3-0, approved a Resolution to recommend the City Council receive and accept the annual progress report on the Housing Element, and authorize staff to forward the report to the California Department of Housing and Community Development and the Governor's Office of Land Use and Climate Innovation pursuant to Government Code Section 65400(2); and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston does hereby resolve, based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby receive and accept the Housing Element Annual Progress Report, attached and incorporated by reference herein, and authorize staff to forward the report to the State Department of Housing and Community Development and the Governor's Office of Land Use and Climate Innovation pursuant to Government Code Section 65400(2).
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 7th day of April 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
___________________________
Marc Tran, City Attorney
1 STAFF REPORT
AGENDA ITEM: Surf Soccer Fee Waiver Request
MEETING DATE: April 7, 2026
PREPARED BY: Jacquelyn Benoit, Recreation Superintendent REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:
Staff recommends City Council provide direction for fee waiver for Odi Ortiz Soccer Field use for the Surf Soccer League, March 9, 2026, through June 15, 2026.
BACKGROUND AND DISCUSSION:
In February 2026, Ana Alberto, on behalf of Livingston Surf, contacted Recreation staff for the use of the Odi Ortiz Soccer Field and Joseph Gallo Park for practices and games from March 9, 2026, through June 15, 2026. The Organization has asked for a fee waiver for the field for their games.
The Organization has used the field in the past and previously obtained use fee waivers. The Organization agreed to mark the fields, provide their own nets, open/close the fields, and clean up. The Organization provided the required insurance certificate which is included in the package below.
The City of Livingston has a Parks and Recreation Fee policy in place which was adopted in 2008 and updated in 2022 which is attached for reference. According to the policy, “It is understood that on occasion special consideration may be needed in determining fees for groups or individual having circumstances uncommon to those in the fee structure criteria. In these cases, the City Council or City Manager will approve those requests. Requests for a variance shall be submitted in writing to the City Manager 30 days prior to the date of promotion.”
Organization is categorized as a Class II user group. If charged for the facility, the fee would be $977.50 (39.5 hours for games at $23.00 per hour). Should the Council approve the fee waiver, the revenue loss would be $977.50. The Organization will also be using the facility during the week for practices. However due to the Recreation Department use at the same time, the Organization will use the back half of the soccer field at no charge. The reflected fee does not include light use. The Organization also uses the Joseph Gallo Park for 5-7 days per week during the evening. However there are no fees for use of the open park land established.
DISCUSSION:
The City Council has the discretion to approve or deny the waiving of fees for facility use. Staff recommends the following three (3) options for the City Council consideration:
2 1. Adopt the resolution and allow the Organization to use Odi Ortiz Soccer Field and waive any and all fees.
2. Deny waiving the fees.
3. Continue the item or provide alternative direction.
FISCAL IMPACT:
Recreation Center Facility Rentals Revenue line would not receive $977.50.
ATTACHMENTS:
1. Resolution
2. Park Rental Request
3. Proof of Current Non-profit Status
4. Fee Waiver Application
5. City of Livingston Parks and Recreation Fee Policy
RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
AUTHORIZING THE WAIVER OF PARKS AND RECREATION FEES FOR SURF SOCCER
WHEREAS, the City Council desires to encourage community involvement in activities that include support of its facilities; and
WHEREAS, the Odi Ortiz Soccer Field and Joseph Gallo Park field are utilized by Livingston Surf Soccer and other members of the community on a regular basis; and WHEREAS, after consideration and discussion, the City Council wishes to approve the use of the Odi Ortiz Soccer Field and Joseph Gallo Park; and WHEREAS, as Central California United FC Soccer welcomes all members of the community, and activities held there encourage participation of citizens between the ages of 6-14 years of age; and
WHEREAS, the Organization has used the field in the past and previously obtained use fee waivers; and
WHEREAS, the Organization agreed to mark the fields, provide their own nets, open/close the fields, and clean up; and
WHEREAS, the Organization provided the required insurance certificate which is included in the package below; and
WHEREAS, the City of Livingston has a Parks and Recreation Fee policy in place which was adopted in 2008 and updated in 2022 and allows the City Council to approve reduced fee rates for groups or individuals having circumstances uncommon to those in the fee structure criteria; and
WHEREAS, Organization is categorized as a Class II user group. If charged for the facility, the fee would be $977.50 (39.5 hours for games at $23.00 per hour); and WHEREAS, it is in the public benefit to waive the fees for Surf Soccer because waived fees would pass the savings on to its players for affordable registration; and WHEREAS, the City Council desires to waive the application and use fees associated with use of the Odi Ortiz Soccer Field.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston hereby as follows:
Section 1. Grants the fee waiver submitted by Livingston Surf Soccer to use Odi Ortiz Soccer Field and Joseph Gallo Park without City Fees.
Section 2. This Resolution will become effective immediately.
I hereby certify that the foregoing Resolution No. 2026-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a meeting thereof duly held on the 7th day of April 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
Of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
__________________________________
Marc Tran, City Attorney
City of Livingston
Fee Waiver Application
1416 C Street
Livingston, CA 95334
(209)394-8041 FAX (209)394-4190
Fee Waive, foe L1v1 g:±,'ttCO Surf ( Q:J.i O rhz. bd \
Amount of Waviec: i~ ~, I -~ -- neld ')
Date(s) Requested: ~ a_c{\Q (] ~ he J-Jk_
Name of Organization: \ _,\>JW1942:>tDY1 Surf
Address of Organization: en. bQK '.d :/~ u.v~~)Y) cer
Officers of Organization (list two)
Name Position Address Phone#
10...
Name Position Address Phone#
Name Address Phone#
Non-Profit Number#
This application must include (incomplete application will be returned to the applicant):
u/ Completed Facility Permit Application
,,s/' Proof of Current Non-Profit Status
{;/' Request for amount of Fee Waiver from the organization on official letterhead Please note that fees which involve excusive facility use will be considered but OT costs or direct costs from your event may not be considered.
THE DEADLINE TO SUBMIT A FEE WAIVER IS 30 DAYS PRIOR TO EVENT WITH THE COMPLETED APPLICATION.
I hereby certify that the organization or association is primarily for civic betterment or youth activities and agree to comply strictly with the terms of any permit granted to it and to furnish any additional information, including such up
Print Name Signature Date
STATE OF CALIFORNIA
FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO CA 94257-0540
Entity Status Letter
Why You Received This Letter
Date: 3/11/2026
ESL ID·
According to our records, the following entity information is true and accurate as of the date of this letter.
EntitylD: -
Entity Name: CEN. CAL. UNITED F.C.
1. The entity is in good standing with the Franchise Tax Board.
2. The entity is not in good standing with the Franchise Tax Board.
3. The entity is currently exempt from tax under Revenue and Taxation Code (R& TC) Section 23701 d.
4. We do not have current information about the entity.
5. The entity was administratively dissolved/cancelled on Administrative Dissolution process.
Important Information
through the Franchise Tax Board
• This information does not necessarily reflect the entity's current legal or administrative status with any other agency of the state of California or other governmental agency or body. • If the entity's powers, rights, and privileges were suspended or forfeited at any time in the past, or if the entity did business in California at a time when it was not qualified or not registered to do business in California, this information does not reflect the status or voidability of contracts made by the entity in California during the period the entity was suspended or forfeited (R& TC Sections 23304.1, 23304.5, 23305a, 23305.1 ).
• The entity certificate of revivor may have a time limitation or may limit the functions the revived entity can perform, or both (R& TC Section 23305b ).
Connect With Us
Web: ftb.ca.gov
Phone: 800-852-5711 from 7 a.m. to 5 p.m. weekdays, except state holidays 916-845-6500 from outside the United States
California
Relay Service: 711 or 800-735-2929 (For persons with hearing or speech impairments) FTB 4263A WEB (REV 12-2019)
CITY OF LIVINGSTON
ODI ORTIZ SOCCERFIEL!l
RENTAL AGREEMENT
USE PERMIT
2600 1Va/11ut Ave. Livi11gsto11, CA
UPDATIW 3-2022
,
~ -;;
Date Request Taken: ____ _
Taken By: _______ _
User Class: _ _ _____ _
Deposit:$ ________ _
Payment in full: ______ _
7 davs rior to usa e. NO EXCEPTIONS
Renter's Name/Organization: -\""""..a.-"--'-!.11.,,'4'-_p. _ _.__-2,,...,... ...... -1-_____________________ _ Address Q.o ~ ,.J33 r n/l()uf~ CA- q-s?:>3y Number Street J City Zip Telephonc~ Work _____________ Cell ______ ______ _
Additional Contact Person • (.._ ~(2.LA_. Phone
Team Roster and Release of Liabill""ty._o ... n""'ne:1,1 '""'""es""'i""; -=-no ______________________ _ (If team roster and release ofliabTLy (~ oco.n .fi.led:1.e11 tl!e l'ffl lruu:sil be dot}ell5, Jl mdh•idl.Ull wltilre p,ctCJVI'. J epm,lts.1ml le:.esetc:.) What will facility be used for? 'U ' ' • . k :,Ullt ,\d.1~•11)11111e 10 11~ publfc Ve J Number of reople e,pected? (Incl mg player, and specl.ator.;)-:--::c:-.,.,-:--:--- Will concessions or merchandise be sold? Yes / No Will alcoholic beverages be sold or made available to participants? Yes I No ls extra insurance needed? Ye, I No (if yes attach policy to this agreement) READ BF.FORE SIGNING
Titc group ororganiunion using the faciliry will comply with the laws ofrhe S1a1c ofCalifomio, the City of Livings1on and the codes and rules esrablished by !he Liviugston Recreation Department.
I. The rental group will be responsible for all persons iu the group or orgauizmion and linbiliry for all persons in atteudance. l. The rental group must a.ssume liability for any damages done to the faciliry or equipment, and will leave the faciliry in 1he satisfactory condition. Groups leaving the facility without cleaning satisfuctorily will lose their deposit. l . The rental group will be re.<ronsible to see that no one in attendance to the facility during their rentnl is under the influence of or has in their ros.session, alcoholic beverag<S or drugs.(Please note that should any alcohol or drugs be found ou the premises, the rental will be tenninated and NO money will be refunded!!)
•I. The group wiU vacate the facility at the time designated on this application. RENTAL TIME INCLUDES SET UP AND CLEAN UP . .i. All activity shall be under control and shall be operated and supervised to the satisfaction of the Recreation Department. If the activity is not operated or supervised to the satisfaction of the Recreation Department Staff, it may result in the loss of consideration of future requests from the sponsoring organization and /or cancellntion of the activiry at that time. b, The Recreation Dcpanmcnt reserves the right 10 shift activities 10 other facilities if available aod ucccssary. Renter shaU not sublet reservation booking to any other porty. Renter must have a copy of a use permit in their possession during reservation hours.
Inclement Weather: The Recreation Department reserves the right to cancel g:unc,ircservatioos due to iuclcmcnt weather. Monday througli Friday Rccrcatiou Staff will meet at approximately 2 pm to discuss playing conditions. Faciliry sralfwill park staff to make the opening or closing decision. Assigned field andJor site manager.; will have the responsibility of deteomining whether or not to slllrt activities after 5pm, on weekends and at other times. Full time staff members for the progr.,m a1"'1s involved will consult with the assigned supervisor during nights und weekends as requested. The assigned supervisor and or site managers huve the responsibility to cancel activities due to weather conditions or uociccable field damage after play has started.
Insurance: losuraucc wiU be required for league rentals aud spans tournaments, fundraising events and all events that arc opcu to tile public or that have an anticipated attendance of over 500 people (whether public or private). lnsurancc may be provided by a private carrier in the form of a Certificate of lnsurancc. Proof of insurance must be provided at least thirry (30) working days prior roan event or the event is subject to cancellation, Other Conditions: A dumpster key and if applicable a key to the Electric Box mu,,1 be picked up Friday prior to your rentu). If the key is not picked up and the on call personnel is dispatched $70 will be deducted from your deposit. There will be a $27 fee on all returned checks. Any activities or special arrnngcmcnts not specifically authorized on your rental agreement/use permit arc prohibited. Applicants agree to abide by aU rule, aud regulations oftbc facility/field rcutcd. All fee, must be paid at the time the reservation is made in advance of event. No glass contaiucr allowed in any Park or Recreation Facility. No vehicles arc allowed in any Park Facility
HOLD HARMLESS AGREEMENT
n,e applicant is an authorized agent of1he group suhmitting this applicalinn. n,e applicant(a11dlor hisR1e1)nrganizatinn making rhis applicarinn understand and agree lo a.uume all riskfnr loss, damage, lia/Jilil)•, i,,ju,y, ens/ nr e.xpen:,e that may ari.'oe during nr he cause.din any n•ay by .wch use nr nccupancy nf /he facilities nf /he City uf Livingstu11. Tloe applicant furtloer agrees that in cu11sideratiun of being permitted tu use said facilities, HE/SHE AND THE GROUP WJU DEFEND, INDEMNIFY AND HOLD THE CITY OF IJVINGSTON. RECllE,ITJON DEPARTMENT AND THEIR A.GENTS AND EMPLOYEES HARMLESS FROM ANY LOSS. CUJMS A.ND LIABILITY OR DAMAGES AND/OR INJURIES TO PERSONS AND PROPERTY that in any ovay way be cau,·ed by tloe applicant's m·e or occupancy of the facilities.
To be reimbursed 011 any and all deposits. the original deposit receipt must be submiucd to City Hall afler rhe et•ent. Once submilled a check will be mailed within 30 days frnm 1he day 1he receipt was .ruhmilled, less any damage nr cleaning cmw: incurred as a re.mil nf ynur e11 ent.
I/We. the undersigned. have read I • rf. oatiun and agreement and ai,~·ee lo cump(v with the /emis of this agreeme/11. ~lt:ililrc --=---!1-----------D•te ~\ /1).,l 2(/
Plea.se Print Name 0.f\a - 0.L~--"-'Vb.......,l)-____ __ Request Approved: ________ Request Denied because _ ___________________ .,,,.. __ _ By: -------------,,.--- -----,-------------=-------Date ___________ _ Fee: ---,-.,,.-- ..... ----Date/PD: _ ___ Deposit Amt.: _ ___ __ Dale/PD: ____ _ STAFF ASSIGNED/Contact#: ____________________________ ___ ___ _ _____ _ Special Instructions:
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