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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 city clerk 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;
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, if applicable, 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 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 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 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
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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, 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 vendors. Vendor vehicles, including but not limited to personal 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 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 stand, 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 vehicle, compact mobile food operation. Vendors shall not be permitted to operate a compact mobile food operation 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 city clerk the 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 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 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.
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
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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
___________________________________
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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: April 21, 2026
PREPARED BY: John Ramirez, Chief of Police
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION
Staff recommends that the City Council waive the second reading and adopt Ordinance of the City Council of the City of Livingston 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.
The current ordinance provides that, before any sale can 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.
STAFF REPORT
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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 like the option of donating outdated supplies and equipment to other government entities or nonprofits.
A first reading of the proposed ordinance was held at the April 7, 2026, City Council meeting.
During that meeting, City Council requested that staff include a provision that all sale, lease, or other disposal of surplus real property, mentioned in LMC Section 1-12-2 (D), be approved in advance by City Council. After review of the entire chapter, it was noted that this requirement already exists in LMC Section 1-12-1 (B) (“The City Manager shall have the authority to transfer equipment and supplies between departments and, with the approval of the City Council, sell obsolete, unused or surplus property of the city.”) A copy of Title 1, Chapter 12 of the City’s Municipal Code is attached for Council’s review and consideration.
In addition, City Council requested that the ordinance be further amended to require that, when property is sold at public or private sale pursuant to this provision, advance notice be given of the sale by informal means, such as a post on social media or similar. Therefore, Section 1-12-2 (B) has been revised to include that requirement.
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
2. Redlined LMC Ordinance 1-12-2
3. Title 1, Chapter 12 of the LMC
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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 procedurescurrently, 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 amend the Ordinance 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 withoutadvance notice of sale given by either formal (published notice) or informal (social media or similar) means, 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
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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 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 7
th 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 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, 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; 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 amend the Ordinance 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 advance notice of sale given by either formal (published notice) or informal (social media or similar) means, 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
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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 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
CHAPTER 12: SURPLUS PROPERTY
Section
1-12-1 General
1-12-2 Procedures
1-12-3 Delegation of authority
1-12-4 Inventory records of surplus property
1-12-5 Property transfer
1-12-6 Unclaimed property
1-12-7 Auction procedures
1-12-8 Surplus city vehicles
1-12-9 Surplus land
§ 1-12-1 GENERAL.
(A) The City Manager is responsible for the general control of all surplus city property. Control of such property includes storage of surplus property, inventory tagging of surplus property, and disposal of city surplus and unclaimed property. (B) The City Manager shall have the authority to transfer equipment and supplies between departments and, with the approval of the City Council, sell obsolete, unused or surplus property of the city. (Ord. 316, passed 2-17-1987)
§ 1-12-2 PROCEDURES.
The City Manager may dispose of surplus property by any of the following methods:
(A) Assignment to a new department by property transfer; (B) Public auction;
(C) Sale to the highest bidder after advertisement;
(D) 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 (E) 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. (Ord. 316, passed 2-17-1987)
§ 1-12-3 DELEGATION OF AUTHORITY.
The City Manager may authorize any department to dispose of surplus city property, provided that such disposal be done in accordance with procedures established by this chapter. (Ord. 316, passed 2-17-1987)
§ 1-12-4 INVENTORY RECORDS OF SURPLUS PROPERTY.
(A) The City Manager shall retain a surplus property file which accounts for all transactions completed by the city through property transfers, auctions, sales or leasing.
(B) Revenues received from disposal of surplus or unclaimed property through the year will be reported to the Director of Finance after each sale.
(C) At the end of each fiscal year, a summary report will be submitted to the City Manager from the Director of Finance identifying quantities of materials sold or leased and revenues received. This report will be included in with the Department of Finance’s annual report of yearly activities.
(D) Revenues received from major sales of surplus or unclaimed property through the year shall be reported to the City Manager after each sale.
(Ord. 316, passed 2-17-1987)
§ 1-12-5 PROPERTY TRANSFER.
(A) 1. Departments requesting materials and items to be transferred to surplus must submit a written request to the City Manager.
2. Upon approval, the department head shall notify the Director of Finance, and arrange for transportation of the
surplus property to the corporation yard. Surplus items will be tagged as they are received, listed on a surplus property log, and stored until sold or requested by another department. (B) Departments wishing to secure an item from surplus property may do so by filing a request with the City Manager, and if approved, must notify the Director of Finance.
(Ord. 316, passed 2-17-1987)
§ 1-12-6 UNCLAIMED PROPERTY.
(A) Upon expiration of a six-month waiting period, any unclaimed property (such as what might be confiscated as evidence by the Police Department) that cannot be delivered to the owner may be appropriated for use by the city upon order of the City Manager Any property not appropriated for use by the city may be sold at public auction to the highest bidder.
(B) Unclaimed items appropriated for city use are required to obtain a property tag if the items are valued over $100 or if they are accountable items such as cameras, tape recorders, calculators and the like. The Department of Finance must be notified to make changes in property records and tag any items as necessary. (Ord. 316, passed 2-17-1987)
§ 1-12-7 AUCTION PROCEDURES.
At the discretion of the City Manager, a public auction may be held to dispose of unclaimed or surplus city property. The following procedures are established for its organization. (A) General provisions.
1. The City Manager will select a tentative auction date 60 days in advance and assign an auction coordinator; and
2. The auction coordinator will prepare a calendar of events leading up to the auction day. The events are to be organized around these key areas:
(a) Auction accounting;
(b) Publicity;
(c) Property list and transfers; and
(d) Site preparation.
3. A list of unclaimed property from the Police Department is to be submitted to the Director of Finance by the Chief of Police.
4. A request for surplus property may be sent to all departments or only surplus items on hand may be considered, whichever is in the best interest of the city as determined by the City Manager. All items listed as surplus will be reviewed by the City Manager and Director of Finance prior to preparation of a final list.
5. A final surplus and unclaimed property list may be prepared and sent to all departments. At this time, any property declared surplus by one department and requested by another may be transferred if approved by the City Manager. Any unclaimed property listed by the Police Department may be transferred to departments if approved by the City Manager. In all cases, any item valued over $100 shall be assigned a city property number.
6. The auction coordinator will submit a surplus and unclaimed property list to the Council 30 days before the auction.
Council must authorize a public auction prior to any publicity by the city.
7. Notice of the sale must be given by the City Clerk at least five days before the date of the event by publication at least once in a newspaper of general circulation published in the county.
8. Departments should be contacted at least two weeks in advance for supplying personnel to assist in auction preparation. When possible, personnel involved in previous auctions should be requested.
9. No city employees working auction day will be allowed to bid on merchandise.
10. Staff assigned to auction accounting is to submit a financial statement to the auction coordinator. A report on the auction including the financial report shall be submitted to the Director of Finance.
11. Unsold city property and unsold police property will be returned to the Finance Department’s holding area of surplus property.
(B) Auction day regulations.
1. Refunds. All materials are sold “as is, where is”. All sales are final.
2. Found property. Any individual claiming found property the day of the auction and who has reported the theft to the city’s Police Department prior to the auction will be instructed to contact the Police Department and the item shall be removed from the auction.
3. Tag switching. Any individual claiming tag switching will be directed toward the claim area where the tag number will
be compared to the surplus list.
4. Payments. All transactions will be handled on a cash or check basis. All items are to be paid for on the day of the auction. Requests for delayed payments will be refused.
5. Claims after sale. Should a claim for an item be made after a sale, the item is not to be released to any party. The item is to be impounded and returned to the Police Department. In the event the buying party has paid, the payment is to be refunded. This regulation is to apply only if the party claiming stolen property has reported the theft prior to the auction. (Ord. 316, passed 2-17-1987)
§ 1-12-8 SURPLUS CITY VEHICLES.
(A) Surplus vehicles are generally generated as a result of the following actions.
1. Vehicles are withheld from trade-in in the best interest of the city.
2. It has been determined that a vehicle is no longer serviceable nor repairable and is placed into surplus. (B) The procedures for the handling and disposal of surplus vehicles are the same as those previously outlined in this chapter.
(C) Departments wishing to secure a vehicle for additional use must submit a written request to the City Manager. (Ord. 316, passed 2-17-1987)
§ 1-12-9 SURPLUS LAND.
(A) SURPLUS LAND is defined as real property owned by the city which is determined to be no longer necessary for the city’s use.
(B) The city may dispose of such surplus land in accordance with the conditions set by the Cal. Gov’t Code Title 5, Division 2, Part 1, Chapter 5, Article 8, § 54222.
(C) Prior to disposing of that property, the city shall send a written offer to sell or lease the property as follows:
1. For the purpose of developing low and moderate income housing, to any local agencies within whose jurisdiction the surplus land is located including, but not limited to, housing authorities or redevelopment agencies;
2. For park and recreational or open space purposes:
(a) To any Park and Recreation Department of any city within which the land is situated; (b) To any Park and Recreation Department of the county within which the land is situated; (c) To any regional park authority having jurisdiction; and (d) To the state resources agency.
3. For enterprise zone purposes, to the nonprofit Neighborhood Enterprise Association Corporation in the designated enterprise zone;
4. For designated program area purposes, to the program area agent; and
5. For school purposes, to any public school district within whose jurisdiction the land is situated. (D) After the city has received notice from an entity desiring to purchase or lease the land, the city shall enter into good faith negotiations to determine a mutually satisfactory sales price or lease terms. (E) In the event that the city receives more than one offer, priority shall be given to the entity which agrees to use the site for housing for persons of low or moderate income, except that first priority shall be given to an entity which agrees to use the site for park or recreational purposes if the land being offered is already being used and will continue to be used for park or recreational purposes, or if the land is designated for park or recreational use in the local general plan. (Ord. 316, passed 2-17-1987)
4902-9464-0274 v1 Page 1 of 1
STAFF REPORT
AGENDA ITEM: Resolution Continuing the Local Emergency in the City of Livingston From February 17, 2026, through the Present Due to the Public Health and Property Threat Created by the Well 9 Failure (4/5 Vote Required) MEETING DATE: April 21, 2026
PREPARED BY: Jesus Jr. Chavez, Water/Wastewater Manager REVIEWED BY: Jose Antonio Ramirez, City Manager
REVIEWED BY: Anthony Chavarria, Public Works Director
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution continuing the local emergency in the City due to the public health and property threat created by the Well 9 failure.
BACKGROUND:
On February 17, 2026, Council approved a resolution finding a need to take emergency actions to repair or replace the failed casing and motor of Well 9.
DISCUSSION:
Under Ca. Public Contract Code §22050 (c)(1), the City Council must review the emergency action at its next regularly scheduled meeting, or at least every 14 days, until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action to respond to the emergency.
The emergency repairs to Well 9 is ongoing. Staff anticipates completion by mid-May 2026, placing the well back in service before peak summer demand. Well 8A is not expected to be online until fall 2026 and therefore cannot serve as an interim supply source. The repairs remain necessary to prevent the loss of well availability during high-demand months, potential loss of water supply redundancy, increased operational strain on other production wells, and potential public health or property and conservation impacts. For these reasons staff believes there is a need to continue the emergency action.
FISCAL IMPACT:
There is no fiscal impact to continuing the emergency action under Public Contract Code §22050.
ATTACHMENTS:
1. Resolution No. 2026-
4904-9537-7042 v1
RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON CONTINUING
THE LOCAL EMERGENCY DUE TO THE PUBLIC HEALTH AND PROPERTY THREAT CREATED BY THE WELL 9 FAILURE (4/5 VOTE REQUIRED) WHEREAS, on February 17, 2026, the City Council approved Resolution No. __, finding a need to take emergency action to repair or replace the failed casing and motor of Well 9, pursuant to California Public Contract Code §22050(a); and WHEREAS, the emergency repairs to Well 9 have commenced and are ongoing; and WHEREAS, City staff anticipates this additional rehabilitation work will take 4-6 weeks to complete and staff is targeting completing this work before the hot summer months when the water demand is at its highest for the year; and
WHEREAS, the City Council shall review the emergency action at its next regularly scheduled meeting or at least every 14 days until the action is terminated, to determine, by a fourfifths vote, that there is a need to continue the action; and WHEREAS, when the City Council reviews the emergency action, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts; and WHEREAS, due to the deteriorated well casing, worn out pump bowls, and motor rewinding for Well 9, the City requires the repairs to the well casing, replacement of the well pump, and motor rewind and constitutes a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of health, property, or essential public services.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby finds:
1. That a local emergency still exists due to the failure of Well 9.
2. That there is a need to continue the emergency action.
3. This Resolution will become effective immediately.
I hereby certify that the foregoing Resolution No. 2026-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 21st day of April 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
4904-9537-7042 v1 Page 2 of 2
Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
________________________
Marc Tran, City Attorney
_____________________
STAFF REPORT
AGENDA ITEM: PUBLIC HEARING - Time Extension for Conditional Use Permit Application No. CUP 2019-03 and Site Plan and Design Review Application No. SPDR 2019-04 for the Villages at Main Residential Apartment Community Project. The Project consists of the construction of a 480-unit residential apartment complex on a site located at the southeast intersection of Peach Avenue and Main Street/Lincoln Blvd. (APN 047-280-020 and 047-280-029).
MEETING DATE: April 21, 2026
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Antonion Ramirez, City Manager
RECOMMENDED ACTION(S):
1. Adopt City Council Resolution No. 2026-__ to approve a 12-month time extension for Conditional Use Permit Application No. CUP 2019-03 and Site Plan and Design Review Application No. SPDR 2019-04 for the Villages at Main Residential Apartment Community Project.
BACKGROUND AND DISCUSSION:
On June 29, 2021, the Livingston Planning Commission approved Conditional Use Permit (CUP) No. 2019-03 allowing a multi-family residential development of over 25 units on property in the R3 zone. The Commission also adopted a Resolution recommending that the City Council approve Site Plan and Design Review Application (SPDR) No. 2019-04 for the development of a 480-unit apartment project – The Villages at Main Residential Apartment Community Project.
On October 5, 2021, the City Council considered the project and adopted Resolution No. 2021- 72, certifying an Environmental Impact Report, adopting CEQA findings, a Mitigation and Monitoring/Reporting Program, and approving a Statement of Overriding Considerations for the Villages at Main Residential Apartment Community. In addition, the Council adopted Resolution No. 2021-73, approving Site Plan and Design Review Application No. SPDR 2019-04 for the Villages at Main Residential Apartment Community Project. A copy of the full City Council Agenda Report, agenda item 11 can be viewed at: https://www.cityoflivingston.org/citycouncil/page/citycouncil-meeting-151. (pdf pages 62-201).
Pursuant to Livingston Municipal Code Section 5-1-3(B)(6), an applicant has twenty-four months in which to start the development of an approved Site Plan and Design Review. If no efforts are demonstrated by the applicant (e.g.: submitting a grading permit, building permit, improvement plans, etc.) then the SPDR application expires. SPDR No. 2019-04 would have expired on October 5, 2023, if no “substantive” efforts were demonstrated to staff.
2 On August 7, 2023, the applicant submitted correspondence between Merced Irrigation District (MID) staff and the applicant regarding MID’s efforts to review and approve improvement plans for undergrounding the MID canal and abandonment of Well Site 20A. On September 25, 2023, Mike Morris of MID confirmed that the “improvement’ plans were reviewed by MID and completed on September 1, 2023, and an encroachment agreement was executed on August 31, 2023. On September 25, 2023, planning staff approved a twelve-month extension to October 5, 2024.
SPDR 2019-04 was then set to expire on October 5, 2024, as no additional documentation on the project’s progress was submitted nor a time extension application applied for.
On September 19, 2024, the applicant applied for a twelve-month extension. On October 8, 2024, the Planning Commission continued the public hearing and time extension request to meeting of December 10, 2024. The continuance would allow the City’s legal counsel to attend the Planning Commission Meeting.
On November 25, 2024, the City received a letter from property owner Harvinder Bhangu (with an attached Building Construction Contract dated November 11, 2024, for the Arena Canal Relocation Project) and requested a two-year time extension. This letter listed the applicant’s efforts to demonstrate progress on the project, but the letter was unsigned, and the referenced Contract was incomplete.
The Planning Commission held a public hearing on the proposed project (TE 2024-01) on December 10, 2024. On a vote of 4-0, the Commission recommended the City Council approve a 16-month extension.
On February 4, 2025, the City Council conducted a Public Hearing to consider the time extension request. No public comments were received during the public hearing, and the hearing was continued until February 18, 2025. The City Council Meeting of February 18, 2025, was cancelled and the matter was scheduled for March 18, 2025.
On March 18, 2025, the City Council adopted Resolution No. 2025-27, approving a twelve-month time extension to March 18, 2026, for Conditional Use Permit No. 2019-03 and Site Plan and Design Review Application No. 2029-04 – the Villages at Main Residential Apartment Community.
On March 24, 2026, the applicant’s engineer submitted a letter requesting a third time extension for CUP 2019-03 and SPDR 2019-04 – The Villages at Main Residential Apartment Community project, see Attachment 1.
ANALYSIS:
There are two issues to consider in considering the time extension request: 1) Planning application protocols and 2) implementation of the City’s Housing Element.
1. Application Protocols
Livingston Municipal Code Section 5-1-3 (B) 6 states:
“No action within 24 months of site plan approval. If an applicant shall fail to take substantive action (i.e., apply for a grading or building permit) with the city within
3 24 months of site plan approval to advance in the process, the approval shall be deemed withdrawn; provided however that no approval shall be deemed withdrawn if the applicant is incapable of advancing its project due to any statutory or other legal requirement.”
(https://codelibrary.amlegal.com/codes/livingstonca/latest/livingston_ca/0-0-0- 4108#JD_5-1-3)
In order to keep the life of the application approval, the applicant needs to continue to demonstrate due diligence and substantive effort to progress the development of the proposal. The applicant’s agent submitted a letter dated March 24, 2026, identifying the applicant’s effort to move the project along. In short, the applicant ordered and paid for the manufacturing of the underground pipes to realign the MID lateral. On February 11, 2026, the applicant’s agents also applied for a grading permit and an encroachment permit. Staff believes that the applicant has demonstrated substantive efforts in keeping the project moving forward to development. Staff supports granting a twelve-month time extension to March 2027.
2. Housing Element
The subject project would result in the development of housing units that will help the City meet its Regional Housing Needs Allocation (RHNA). A denial of the time extension does not prevent the applicant from reapplying for another land use entitlement once they are ready to proceed with development of the site.
If the time extension request is denied, the applicant will need to reapply for a new conditional use permit and site plan and design review. Staff believes that the applicant is moving the project forward, and the City has identified 480 dwelling units that will be developed at this site. If the property is undeveloped, another developer could develop the site, but staff it is prudent to allow the current applicant to bring his efforts and project to fruition. Granting the time extension will enable the City to meet its Regional Housing Needs Allocation as adopted in the 5h Cycle Housing Element.
GENERAL PLAN
The subject property has a General Plan land use designation of HD, High Density Residential.
The project will provide highly needed rental housing, fulfilling various Policies in the City’s General Plan and Housing Element regarding providing more housing options. Of the 480 apartment units to be constructed, 96 units will contain three-bedrooms meeting the Housing Element’s objective of providing larger rental units.
ZONING
The subject site is currently zoned as R-3, High Density Residential. Multi-family development over 25 units are permitted with approval of a Conditional Use Permit and Site Plan and Design Review (SPDR) Applications.
The applicant obtained approval of the proper land use entitlements in 2021. The Conditional Use Permit runs with the land, allowing multi-family development consisting of projects over 25 units in size. The approved Site Plan and Design Review Application has a life of 24 months after Council approval. The approved land use entitlement can be granted additional time extensions when substantive efforts have been demonstrated.
4 The applicant applied for a third time extension, and this is now being presented to the City Council for consideration and action. If a time extension is not granted, then Site Plan and Design Review Application No. SPDR 2019-04 will expire, and the Applicant would have to submit new CUP and SPDR applications.
ENVIRONMENTAL REVIEW:
The Environmental Review process was completed on October 5, 2021, with adoption of Council Resolution No. 2021-72, certifying an Environmental Impact Report, adopting CEQA findings, a Mitigation and Monitoring/Reporting Program also approving a Statement of Overriding Considerations for the Villages at Main Residential Community.
PUBLIC NOTICE
A ten-day public hearing notice was published in the Merced Sun Star on April 10, 2026.
FISCAL IMPACT:
The Project would increase property taxes and assessments to the City. Staff costs associated with processing the time extension application is subject to reimbursement from the applicant.
ATTACHMENTS:
1. Letter from Alex Aldrich dated March 24, 2026, requesting a time extension.
2. Resolution No. 2026-__.
Attachment 2
RESOLUTION 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON TO APPROVE A TWELVE-MONTH EXTENSION FOR CONDITIONAL USE PERMIT NO. 2019-03 AND SITE PLAN AND DESIGN REVIEW APPLICATION 2019-04 - THE VILLAGES AT MAIN
RESIDENTIAL APARTMENT COMMUNITY ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF MAIN STREET, SOUTH OF PEACH AVENUE (APN NO. 047-280-020 AND 047-280-029)
WHEREAS, pursuant to Livingston Municipal Code (“LMC”) Section 5-6-7, Sake Sanghera, Harvinder & Salinder Bhangu / Sukhinder & Kulvinder Sanghera applicants and owners, have applied for a Site Plan and Design Review approval to develop The Villages at Main Residential Apartment Community (“the Project”) for 480 apartment units, in 20 three-story apartment buildings, a two-story community building, and associated improvements known as The Villages at Main Project on APNs 047-280-020 and APN 047-280-029 in the City of Livingston, immediately east of Main Street south of its intersection with Peach Avenue; and WHEREAS, the site is zoned R-3 (High Density Residential), and has a General Plan designation of High Density Residential according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; and
WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review for new structures within the R-3 district to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development, and orderly development of the community; and
WHEREAS, LMC Sections 5-3-15 and 5-6-9 requires the approval of a Conditional Use Permit for projects in excess of 25 units for “certain land uses that generally have a distinct impact on the area in which they are located, and/or are capable of creating special problems for bordering properties unless given special attention”; and the proposed construction of a 480 unit apartment project is deemed such a land use; and
WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad and mailing to adjacent properties within 300 feet of the site; and WHEREAS, the Planning Commission and the City Council considered the environmental effects of the project and Certified the Environmental Impact Report, adopted CEQA Findings and a Mitigation Monitoring/ Reporting Program, and a Statement of Overriding Considerations; and WHEREAS, Staff has reviewed the project with reference to the 1999 General Plan, the Zoning Ordinance (specifically Sections 5-6-7 “C” thru “E”) and the adopted Livingston Design Guidelines; and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use, its site plan and design, is consistent with the General Plan, complies with the Zoning Ordinance in that the site plan and design meets the zoning standard and requirements (including those specifically referenced above), and meets the intent and guidance of the Livingston Design Guidelines; and WHEREAS, on October 5, 2021, the City Council adopted Resolutions No. 2021-72 and No. 2021-73, approving environmental assessment consisting of an Environmental Impact Report (SCH 2021010256) and Site Plan and Design Review Application 2019-04 for the Villages at Main Residential Apartment Community Project and hereby incorporated by reference; and
Attachment 2
WHEREAS, A Notice of Determination for the project was filed on October 7, 2021; and WHEREAS, on September 25, 2023, City Community Development staff found that the applicant made substantive efforts to move the project forward and granted a one-year time extension to SPDR 2019-04 to October 5, 2024; and
WHEREAS, on September 19, 2024, the applicant filed a one-year time extension to extend the life of the Conditional Use Permit 2019-03 and Site Plan and Design Review Application 2019-04 for the Villages at Main Residential Apartment Community Project; and WHEREAS, on October 8, 2024, the Planning Commission met to consider the time extension request, opened, and continued the Public Hearing to December 10, 2024; and WHEREAS, on November 25, 2024, an unsigned letter was submitted to the City documenting the applicant’s efforts to move this project forward and requested a two-year time extension; and WHEREAS, the applicant did not apply for a building permit, a grading permit or submit documentation of substantive efforts between October 5, 2023, and October 5, 2024; and WHEREAS, the Planning Commission held a public hearing on the proposed project (TE 2024- 01) on December 10, 2024, which was properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and the Planning Commission recommended to the City Council approval of time extension consisting of 16 months; and WHEREAS, the City Council of the City of Livingston did conduct a public hearing on March 18, 2025, which was properly noticed by posting a newspaper ad and mailing to adjacent properties within at least 300 feet of the site, to consider the proposed General Plan Amendment and considered all comments whether in writing or orally.
WHEREAS, the City Council of the City of Livingston approved a twelve-month time extension to March 18, 2026; and
WHEREAS, pursuant to Livingston Municipal Code Section 5-1-3(B)(6), an applicant has twentyfour months in which to start the development of an approved Site Plan and Design Review. If substantive efforts are not demonstrated by the applicant (e.g.: submitting a grading permit, building permit, improvement plans, etc.) then the SPDR application expires; and WHEREAS, on March 24, 2026, the applicant’s engineer submitted a letter requesting another time extension and documented efforts conducted by the applicant to demonstrate progress in moving the project forward; and
WHEREAS, the applicant has demonstrated substantive efforts in keeping the project moving forward to development, as the applicant has ordered and paid for the manufacturing of the underground pipes to realign the MID lateral, and, on February 11, 2026, the applicant’s agents applied for a grading permit and an encroachment permit. .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston adopts this Resolution approving a 12-month extension to March 18, 2027.
I hereby certify that the foregoing Resolution No. 2026– ___ is a full, true, and correct copy a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 18th day of March 2025, by the vote recorded as follows:
Attachment 2
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 Barraza Tran, City Attorney
of the City of Livingston
STAFF REPORT
AGENDA ITEM: Resolution To Appoint Terika Smith to The Alternate Position of The Parks, Recreation, And Arts Commission
MEETING DATE: April 21, 2026
PREPARED BY: Jacquelyn Benoit, Recreation Superintendent REVIEWED BY: Jose Ramirez, City Manager
____________________________________________________________________________ RECOMMENDATION COUNCIL ACTION:
Staff recommends, after reviewing Terika Smiths application and considering of her volunteerism, skills, and knowledge, the City Council appoint Terika Smith to the Parks, Recreation, and Arts Commission (“Commission”) as an alternate commissioner.
BACKGROUND/DISCUSSION:
Chapter 4 of Title 2 of the Livingston Municipal Code establishes the Parks, Recreation, and Arts Commission. The Commission shall consist of seven members over the age of 18 and must be appointed by the majority vote of the City Council.
On March 17, 2026, at the regular city council meeting, four (4) Commissioners were appointed to the Parks Recreation and Arts Commission, leaving two (2) alternate commissioner vacancies.
The City continues to publish the application on the City website. A total of one (1) application was submitted. The terms for the two vacancies of the alternate commissioners expire on January 31, 2030.
The applicant, Terika Smith, is seeking one of the two alternate commissioner positions. Ms.
Smith is a resident of the City of Livingston and lives within the City boundaries.
Should City Council appoint Ms. Smith as an alternate commissioner, the Parks Recreation and Arts commission will only have one alternate position vacant.
FISCAL IMPACT:
None
ATTACHMENTS:
1. Resolution to Appoint Terika Smith to the Parks, Recreation, and Arts Commission
2. Commission Application to the Parks, Recreation, and Arts Commission, Terika Smith.
RESOLUTION 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON TO APPOINTING
TERIKA SMITH TO THE CITY OF LIVINGSTON PARKS, RECREATION, AND
ARTS COMMISSION AS AN ALTERNATE MEMBER FOR THE TERM OF APRIL 21, 2026, THROUGH JANAURY 31, 2030
WHEREAS, the City of Livingston Parks, Recreation, and Art Commission (“Commission”) is governed by Title 2 Chapter 4 of the Livingston Municipal Code; and WHEREAS, the Commission is comprised of seven (7) Commissioners and two (2) Alternates, all of which are appointed by majority vote of the City Council; and WHEREAS, terms of office for members of the Commission are for a period of four (4) years, or until their successors are appointed; and
WHEREAS, March 17, 2026, four (4) regular commissioners were appointed leaving two (2) alternate positions; and
WHEREAS, the City continues to publish the application on the City website; and WHEREAS, one (1) application was submitted; and
WHEREAS, the applicant, Terika Smith, is seeking one of the two alternate commissioner positions; and
WHEREAS, Ms. Smith is a resident of the city of Livingston and lives within the City boundaries.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES HEREBY:
1. Appoints Terika Smith to serve on the City of Livingston Parks, Recreation, and Arts Commission as an Alternate Commissioner for the term of April 21, 2026, through January 31, 2030; and
2. The Resolution is effective immediately upon adoption.
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 21st 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