STAFF REPORT
AGENDA ITEM: Resolution Authorizing the City Manager to File the Annual Local Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim with the Merced County Association of Governments (MCAG) for Fiscal Year 2025-2026 and Authorizing the Finance Department to make appropriation budget adjustments MEETING DATE: September 1, 2026
PREPARED BY: Noe Martinez, Gouveia Engineering
REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:
Staff recommends the City Council adopt a resolution authorizing the City Manager to file the annual Local Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim with the Merced County Association of Governments (MCAG) for Fiscal Year 2025-2026 and authorizing the Finance Department to make appropriation budget adjustments.
BACKGROUND:
The California Department of Transportation (Caltrans) annually releases an Estimate RSTP Exchange apportionment figure to California Metropolitan Planning Organization (MPOs).
The Merced County Association of Governments (MCAG) is the designated MPO for Merced County.
Each year, MCAG submits the necessary paperwork to Caltrans to exchange RSTP funds allocated to Merced County. The City of Livingston has an ESTIMATED RSTP funds apportionment amount available to claim for $177,588 for the Fiscal Year 2025/2026.
The City is required to submit a signed RSTP Exchange Program Claim Form and a city council-approved RSTP Exchange Program Resolution in order to claim the RSTP funds.
Payment of the estimate RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between MCAG and Caltrans, as well as the MCAG RSTP Exchange Claim form requirements. Projects funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code.
If the final RSTP Exchange apportionment figure is higher for FY 25/26 than the estimate RSTP Exchange apportionment figure, Caltrans is required to revise the RSTP Exchange standard agreement to account for the higher RSTP figure before MCAG could instruct the Merced County Auditor Controller’s Officer to distribute a greater amount of RSTP Exchange Program funds to member agencies.
If the final RSTP Exchange apportionment figure is lower for FY 25/26 than the estimate RSTP Exchange apportionment amount, Caltrans is not required to revise the RSTP Exchange contract with the lower amount before MCAG could recalculate the available RSTP 166 of 279
Exchange Program funds using the same population-based formula and then instruct the Merced County Auditor Controller’s Officer to distribute the lower FY 25/26 final RSTP Exchange Program fund amount to member agencies.
DISCUSSION:
The City shall submit a claim form and authorized resolution to MCAG in order to claim the funds for Fiscal Year 2025-2026.
The City plans to use these RSTP funds for the Hammatt and Campbell Intersection project.
The proposed work for this project includes installing a traffic signal and rehabilitating the pavement, curb, gutter, sidewalk, signage, and striping. The project would also construct other roadway improvements beyond the intersection, such as the infrastructure for a future traffic signal synchronization network with the Hammatt and Walnut Avenue intersection.
FISCAL IMPACT:
Submittal of the RSTP Claim ensures compliance with MCAG guidelines to be eligible for RSTP funds. RSTP funds are included in the fiscal year 2026-2027 revenue projections. Authorize the Finance Department to make any appropriation budget adjustments.
ATTACHMENTS:
1. Resolution
2. Claim Form
167 of 279
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING
THE CITY MANAGER TO FILE THE ANNUAL LOCAL REGIONAL SURFACE
TRANSPORTATION PROGRAM (RSTP) EXCHANGE PROGRAM FUND CLAIM WITH THE MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) FOR FISCAL YEAR 2025- 2026 AND AUTHORIZING THE FINANCE DEPARTMENT TO MAKE APPROPRIATION
BUDGET ADJUSTMENTS
WHEREAS, the Merced County Association of Governments (MCAG) and the California Department of Transportation (Caltrans) have entered into a Standard Agreement contract to exchange unobligated balances of federal Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds; and WHEREAS, Caltrans Division of Programming releases a 5-year ESTIMATE of RSTP Exchange Program apportionments for inclusion in the Federal Transportation Improvement Program (FTIP) Programming document every 2-years to California Metropolitan Planning Organizations (MPOs);
WHEREAS, MCAG is the designated MPO for Merced County;
WHEREAS, the Annual RSTP Exchange Program fund apportionment is an estimate and subject to change during the fiscal year (FY) due to many Federal Surface Transportation Bill variables including the annual appropriations act as well as other Congressional action (i.e. rescissions);
WHEREAS, a FINAL RSTP Exchange apportionment amount is published at the end of the FY 25/26 and can be different than the ESTIMATE RSTP Exchange apportionment figure; WHEREAS, Annually, Caltrans sends MCAG a Standard Agreement contract that includes an RSTP Exchange Program apportionment figure;
WHEREAS, MCAG applies a RSTP population based distribution formula using current Department of Finance (DOF) population estimates (May 2025) to the RSTP apportionment to determine the amount of RSTP Exchange funds to be distribution to MCAG member jurisdictions;
WHEREAS, the City of Livingston has an ESTIMATE RSTP Exchange Program fund apportionment amount available to claim in FY 25/26 for $177,588.00; WHEREAS, payment of the ESTIMATE RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between MCAG and Caltrans, as well as the MCAG RSTP Exchange Claim form requirements: Projects to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code.
WHEREAS, if the FINAL RSTP Exchange apportionment figure is higher for FY 25/26 than the ESTIMATE RSTP Exchange apportionment figure, Caltrans would have to revise the RSTP Exchange Standard Agreement contract with the higher RSTP figure before MCAG could instruct the Merced County Auditor Controller’s Officer to distribute a greater amount of RSTP Exchange Program funds to member agencies, than identified in this resolution;
WHEREAS, if the FINAL RSTP Exchange apportionment figure is lower for FY 25/26 than the ESTIMATE RSTP Exchange apportionment amount, Caltrans does not have to revise the RSTP Exchange contract with the lower amount before MCAG could recalculate the available RSTP Exchange Program funds using the same population-based formula and then instruct the Merced County Auditor Controller’s Officer to distribute the lower FY 25/26 FINAL RSTP Exchange Program fund amount to member agencies; and
WHEREAS, the City of Livingston has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds; and WHEREAS, it is deemed in the best interest of the City of Livingston that the City Manager is authorized to sign the FY 25/26 RSTP Exchange Program fund claim form and to submit said claim form to MCAG for processing.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF LIVINSTON HEREBY:
1. Finds that the above recitals are true and correct and incorporated by reference.
2. Authorizes and directs the City Manager to sign and file the FY 25/26 RSTP Exchange Program fund claim on behalf of the City of Livingston in the amount of $177,588.00.
3. Authorizes the Finance Department to make appropriation budget adjustments.
4. The 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 1st day of September 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
PH: 209.723.3153
FAX: 209.723.0322
www.mcagov.org
369 W, 18th Street
Merced, Ca. 93540
Partnering for Regional Solutions
Claim to the Merced County Association of Governments
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2025/2026
Project Cost of
Project
Air
Quality
Exempt
1. Hammatt & Campbell Intersection: Install a traffic signal and rehabilitate the pavement, curb, gutter, sidewalk, signage and striping. The project would also construct other roadway improvements beyond the intersection such as the
infrastructure for a future traffic signal synchronization network with the Hammatt and Walnut Avenue intersection.
This project would be funded with both Measure V Regional Funds and RSTP Exchange Funds.
$ 177, 588.00
2. $
FY 25/26 Claim Amount: $177,588.00
Claimant: City of Livingston
Claim Guidelines:
Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code.
Claim Instructions:
1. List (print or type) each INDIVIDUAL project to be funded with this claim.
2. List the amount of funds to be used for each project.
3. If the project is not a capacity expanding project and is exempt from air quality conformity analysis check the “Exempt” box. ()
4. If the project is a capacity expanding project and the air quality conformity analysis has been completed for the project as required check the “Air Quality” box. () 170 of 279
MERCED COUNTY
ASSOCIATION OF
GOVERNMENTS
3. $
It is understood by this claimant (City of Livingston) that payment of this claim must be in accordance with the MCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.
The undersigned claimant, by accepting these funds, agrees to establish a special account for the purpose of depositing funds received from MCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. For the county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.
If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to MCAG for credit to the special account described above.
Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein is reasonable and accurate to the best of his/her knowledge.
Authorized Representative:
Signature
Print Name
Title
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Date
Signature of Chief Financial Officer
Print Name
172 of 279
STAFF REPORT
AGENDA ITEM: Resolution (1) Authorizing the City Manager to Execute the Program Supplement Agreement No. F019 to Administering Agency-State Agreement No. 10-5256F15 for the Main Street Pedestrian Improvements, Project No. CML-5256(025); (2) Authorizing the Finance Department to Make a Supplemental Appropriation in the Amount of $84,726.00; and (3) Authorizing the City Manager to Act on Behalf of the City of Livingston
MEETING DATE: September 1, 2026
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: Jose A. Ramirez, City Manager
Anthony Chavarria, Public Works Director
RECOMMENDATION:
City Council adopt a Resolution (1) authorizing the City Manager to execute the Program Supplement Agreement No. F019 to Administering Agency-State Agreement No. 10-5256F15 for the Main Street Pedestrian Improvements, Project No. CML-5256(025); (2) authorizing the Finance Department to make a Supplemental Appropriation in the amount of $84,726.00; and (3) authorizing the City Manager to act on behalf of the City of Livingston.
BACKGROUND:
In October 2025, the City applied for funds to construct pedestrian improvements on Main Street under the Federal Program for Congestion Mitigation and Air Quality (CMAQ).
The proposed improvements consist of constructing a new concrete walking path along 0.17 miles of the west side of Main Street between Newcastle Drive and Peach Avenue and ancillary improvements. This project will address gaps in the City’s non-motorized transportation network.
The improvements will be constructed within the City’s existing right of way.
DISCUSSION:
The City of Livingston has received Federal Congestion Mitigation Air Quality (CMAQ) funds to construct the Main Street Pedestrian Improvements in the City of Livingston. The City has received the authorization to proceed with Preliminary Engineering, and Caltrans has sent the Program Supplement Agreement No. F019 for execution.
The State of California, acting through Caltrans, is administering the CMAQ funds. These funds will be paid to the City of Livingston pursuant to the provisions of the Administering AgencyState Agreement No. 10-5256F15. In order to receive funds for a specific project, the City must execute a supplement agreement that identifies the specific project and any special conditions.
The State requires the City to adopt a resolution that clearly identifies the project and the official authorized to execute the agreement. The attached resolution meets the requirements. 173 of 279
FISCAL IMPACT:
Authorize a Supplemental Appropriation in the Fiscal Year 2026/2027 budget in the amount not to exceed $84,726.00 to Grant Capital Fund, account CML-5256(025) - Main Street Pedestrian Improvements between New Castle Drive and Peach Avenue, 1300-600-7591. The revenue account is 1300-000-3899.
Of the total $84,726.00, $75,000 will be reimbursed by the State, $9,726 will be the local match that will be expensed from Measure V 80%.
Main Street Pedestrian Improvements, Project No. CML-5256(025) CMAQ
(88.53%)
Local Match
(11.47%)
Total
Preliminary Engineering $75,000.00 $9,726.00 $84,726.00 ATTACHMENTS:
1. Resolution No. 2026-
2. Program Supplement No. F019
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RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) AUTHORIZING
THE CITY MANAGER TO EXECUTE THE PROGRAM SUPPLEMENT AGREEMENT NO. F019 TO ADMINISTERING AGENCY-STATE AGREEMENT NO.105256F15 FOR THE MAIN STREET PEDESTRIAN IMPROVEMENTS, PROJECT NO. CML-5256(025); (2)
AUTHORIZING THE FINANCE DEPARTMENT TO MAKE A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $84,726.00; AND (3) AUTHORIZING THE CITY
MANAGER TO ACT ON BEHALF OF THE CITY OF LIVINGSTON
WHEREAS, the City of Livingston, has received a request from the Department of Transportation to enter in to a Program Supplement Agreement No. F019 to Master Agreement No. 10-5256F15 for Federal Project No. CML-5256(025); and
WHEREAS, the City of Livingston City Council does hereby accept and will comply with the special covenants or remarks set forth in the agreement; and WHEREAS, the City of Livingston City Council appoints the City Manager as the designated City representatives to execute the Program Supplement Agreement No. F019.
NOW, THEREFORE, BE IT RESOLVED that the City of Livingston City Council hereby:
1. Finds that the foregoing recitals are true and correct and incorporated by reference.
2. Authorizes the city manager to execute the Program Supplement No. F019 to Administering Agency-State Agreement No. 105256F15.
3. Authorizes a Supplemental Appropriation in the Fiscal Year 2026/2027 budget in the amount not to exceed $84,726.00 to Grant Capital Fund, account CML-5256(025) - Main Street Pedestrian Improvements between Newcastle Drive and Peach Avenue, 1300- 600-7591. The revenue account is 1300-000-3899. Of the total $84,726.00, $75,000 will be reimbursed by the State, $9,726 will be the local match that will be expensed from Measure V 80%.
Main Street Pedestrian Improvements, Project No. CML-5256(025) CMAQ
(88.53%)
Local Match
(11.47%)
Total
Preliminary Engineering $75,000.00 $9,726.00 $84,726.00
4. Authorizes the City Manager to act on behalf of the City of Livingston.
5. 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 City Council of the City of Livingston at a regular meeting thereof duly held on the 1st day of September 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
175 of 279
By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
176 of 279
F019
FOR FEDERAL-AID PROJECTS NO 10-5256F15
1026000188
July 24, 2026
10-MER-0-LVTN
CML-5256(025)
5256
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/26/2019 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.
West side of Main Street between Newcastle Drive and Peach Avenue (construct concrete path)
Pedestrian Walkway 0.0(MILES)
Estimated Cost Federal Funds Matching Funds
Y003 $75,000.00
CITY OF LIVINGSTON
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$84,726.00 $9,726.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$75,000.00
Program Supplement 10-5256F15-F019- ISTEA 1Page of 7
07/24/2026
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SPECIAL COVENANTS OR REMARKS
10-MER-0-LVTN
CML-5256(025)
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.6 "Award Package" of the Local Assistance Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure Program Supplement 10-5256F15-F019- ISTEA 2Page of 7
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SPECIAL COVENANTS OR REMARKS
10-MER-0-LVTN
CML-5256(025)
nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter.
Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup Program Supplement 10-5256F15-F019- ISTEA 3Page of 7
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SPECIAL COVENANTS OR REMARKS
10-MER-0-LVTN
CML-5256(025)
documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
Program Supplement 10-5256F15-F019- ISTEA 4Page of 7
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SPECIAL COVENANTS OR REMARKS
10-MER-0-LVTN
CML-5256(025)
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.
Program Supplement 10-5256F15-F019- ISTEA 5Page of 7
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SPECIAL COVENANTS OR REMARKS
10-MER-0-LVTN
CML-5256(025)
3. In the event that construction of this project of the initial federal authorization for right of way is not started by the close of the twentieth fiscal year following the fiscal year in which the right of way is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement.
Authorizing the ROW phase of a project as Advance Construction does not exempt the project from the provisions of 23 U.S.C. 108(a)(2), and 23 CFR 630.112(c)(1).
4. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title Program Supplement 10-5256F15-F019- ISTEA 6Page of 7
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VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
K. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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STAFF REPORT
AGENDA ITEM: Resolution (1) Authorizing the City Manager to Execute the Program Supplement Agreement No. F018 to Administering Agency-State Agreement No. 10-5256F15 for the Stefani Avenue Sidewalk Improvements, Project No. CML-5256(024); (2) Authorizing the Finance Department to Make a Supplemental Appropriation in the Amount of $109,568.00; and (3) Authorizing the City Manager to Act on Behalf of the City of Livingston
MEETING DATE: September 1, 2026
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: Jose A. Ramirez, City Manager
Anthony Chavarria, Public Works Director
RECOMMENDATION:
City Council adopt a Resolution (1) authorizing the City Manager to execute the Program Supplement Agreement No. F018 to Administering Agency-State Agreement No. 10-5256F15 for the Stefani Avenue Sidewalk Improvements, Project No. CML-5256(024); (2) authorizing the Finance Department to make a Supplemental Appropriation in the amount of $109,568.00; and (3) authorizing the City Manager to act on behalf of the City of Livingston.
BACKGROUND:
In October 2025, the City applied for funds to construct a sidewalk infill project on Stefani Avenue under the Federal Program for Congestion Mitigation and Air Quality (CMAQ).
The proposed improvements consist of constructing a new concrete sidewalk along 0.11 miles of the West side of Stefani Avenue between Campbell Boulevard and Davis Street, curb, gutter, ADA compliant curb cut ramps, and ancillary improvements. This project will address gaps in the City’s non-motorized transportation network. The improvements will be constructed within the City’s existing right of way.
DISCUSSION:
The City of Livingston has received Federal Congestion Mitigation Air Quality (CMAQ) funds to construct Stefani Avenue Sidewalk Improvements in the City of Livingston. The City has received the authorization to proceed with Preliminary Engineering, and Caltrans has sent the Program Supplement Agreement No. F018 for execution.
The State of California, acting through Caltrans, is administering the CMAQ funds. These funds will be paid to the City of Livingston pursuant to the provisions of the Administering AgencyState Agreement No. 10-5256F15. In order to receive funds for a specific project, the City must execute a supplement agreement that identifies the specific project and any special conditions. 184 of 279
The State requires the City to adopt a resolution that clearly identifies the project and the official authorized to execute the agreement. The attached resolution meets the requirements.
FISCAL IMPACT:
Authorize a Supplemental Appropriation in the Fiscal Year 2026/2027 budget in the amount not to exceed $109,568.00 to Grant Capital Fund, account CML-5256(024) - Sidewalk Improvement on Stefani Ave. And J St, 1300-600-7590. The revenue account is 1300-000-3893.
Of the total $109,568, $97,000 will be reimbursed by the State, $12,568 will be the local match that will be expensed from Measure V 80%
Stefani Avenue Sidewalk Improvements, Project No. CML-5256(024) CMAQ
(88.53%)
Local Match
(11.47%)
Total
Preliminary Engineering $97,000.00 $12,568.00 $109,568.00 .
ATTACHMENTS:
1. Resolution No. 2026-
2. Program Supplement No. F018
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RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) AUTHORIZING
THE CITY MANAGER TO EXECUTE THE PROGRAM SUPPLEMENT AGREEMENT NO. F018 TO ADMINISTERING AGENCY-STATE AGREEMENT NO.105256F15 FOR THE STEFANI AVENUE SIDEWALK IMPROVEMENTS, PROJECT NO. CML-5256(024); (2)
AUTHORIZING THE FINANCE DEPARTMENT TO MAKE A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $109,568.00; AND (3) AUTHORIZING THE CITY
MANAGER TO ACT ON BEHALF OF THE CITY OF LIVINGSTON
WHEREAS, the City of Livingston, has received a request from the Department of Transportation to enter in to the Program Supplement Agreement No. F018 to Master Agreement No. 10- 5256F15 for Federal Project No. CML-5256(024); and
WHEREAS, the City of Livingston City Council does hereby accept and will comply with the special covenants or remarks set forth in the agreement; and WHEREAS, the City of Livingston City Council appoints the City Manager as the designated City representative to execute the Program Supplement Agreement No. F018.
NOW, THEREFORE, BE IT RESOLVED that the City of Livingston City Council hereby:
1. Finds that the foregoing recitals are true and correct and incorporated by reference.
2. Authorizes the city manager to execute the Program Supplement No. F018 to Administering Agency-State Agreement No. 105256F15.
3. Authorizes a Supplemental Appropriation in the Fiscal Year 2026/2027 budget in the amount not to exceed $109,568.00 to Grant Capital Fund, account CML-5256(024) - Sidewalk Improvement on Stefani Ave. And J St, 1300-600-7590. The revenue account is 1300-000-3893. Of the total $109,568, $97,000 will be reimbursed by the State, $12,568 will be the local match that will be expensed from Measure V 80%.
Stefani Avenue Sidewalk Improvements, Project No. CML-5256(024) CMAQ
(88.53%)
Local Match
(11.47%)
Total
Preliminary Engineering $97,000.00 $12,568.00 $109,568.00
4. Authorizes the City Manager to act on behalf of the City of Livingston.
5. 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 City Council of the City of Livingston at a regular meeting thereof duly held on the 1st day of September 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
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I I
By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
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F018
FOR FEDERAL-AID PROJECTS NO 10-5256F15
1026000187
July 24, 2026
10-MER-0-LVTN
CML-5256(024)
5256
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/26/2019 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.
Stefani Avenue from approx. Campbell Blvd to Davis St and on J St at Arakelian Park.
Pedestrian Walkway 0.0(MILES)
Estimated Cost Federal Funds Matching Funds
Y003 $97,000.00
CITY OF LIVINGSTON
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$109,568.00 $12,568.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$97,000.00
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07/24/2026
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SPECIAL COVENANTS OR REMARKS
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1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.6 "Award Package" of the Local Assistance Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure Program Supplement 10-5256F15-F018- ISTEA 2Page of 7
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nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter.
Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup Program Supplement 10-5256F15-F018- ISTEA 3Page of 7
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documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
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K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.
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3. In the event that construction of this project of the initial federal authorization for right of way is not started by the close of the twentieth fiscal year following the fiscal year in which the right of way is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement.
Authorizing the ROW phase of a project as Advance Construction does not exempt the project from the provisions of 23 U.S.C. 108(a)(2), and 23 CFR 630.112(c)(1).
4. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title Program Supplement 10-5256F15-F018- ISTEA 6Page of 7
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VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
K. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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STAFF REPORT
AGENDA ITEM: Second Reading and Final Adoption of Ordinance ___, Amending the City of Livingston Zoning Map.to Change 5.0 acres of Assessor’s Parcel Number 022-010-025 from C-3 (Highway Service Commercial) to R-3 (High Density Residential),
MEETING DATE: September 1, 2026
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Ramirez, City Manager
RECOMMENDATION:
City Council waive the second reading and adopt Ordinance to Rezone 5.0 acres of Assessor’s Parcel Number 022-010-025 from C-3 (Highway Service Commercial) to R-3 (High Density Residential).
BACKGROUND AND DISCUSSION:
The request was first considered by the City Council at a Public Hearing held on August 18, 2026.
The Rezone involves a parcel identified in the Draft Housing Element as a “candidate site” to meet the City’s Regional Housing Needs Allocation (RHNA) requirements.
This rezoning of the parcel to R-3 High Density Residential allows this property to accommodate 101 additional units to meet the City’s RHNA in the 2024-2032 Housing Element. This property is currently vacant and has General Plan land use designation of HD, High Density Residential.
Site Location APN Acres
1 North side of B Street, west of Prusso Street 022-010-025 5 This action together with the recently approved amendment to the General Plan land use designation for this site ensures consistency between the Livingston General Plan and the City of Livingston Zoning Map. This effort reflects the City’s commitment to promoting housing opportunities, ensuring compliance with State mandates.
ATTACHMENTS:
1. City Council Ordinance (Rezone No. REZ 2025-02)
2. Previous and New Zoning Maps
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LIVINGSTON TO REZONE A 5.0-ACRE
PORTION OF THE PARCEL LOCATED ON THE NORTH SIDE OF B STREET WEST OF PRUSSO STREET (APN 022-010-025) FROM C-3 (HIGHWAY SERVICE COMMERCIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) (REZONE NO. REZ 2025-02) WHEREAS, pursuant to Title 5, Chapter 6, Section 2(B)(4) of the Livingston Municipal Code (LMC), the City Planner, by the authority of the City Manager, has initiated General Plan Amendment No. GPA 2025-02 and Rezone No. REZ 2025-02 for a property within the City of Livingston located on the north side of B Street, west of Prusso Avenue (APN 022-010-025), consisting of approximately 5.0 acres of the parcel (the "Subject Property"); and WHEREAS, the Subject Property is currently designated High Density Residential (HD) in the General Plan Land Use Diagram and the City request to rezone it to R-3 (High Density Residential); and
WHEREAS, the Subject Property is identified in the City's 2024-2032 (6th Cycle) Housing Element as a site to accommodate a portion of the City's Regional Housing Needs Allocation of 1,097 units, and the rezone to R-3 would enable the Subject Property to accommodate up to 100 additional dwelling units across a range of income levels; and WHEREAS, Rezone No. REZ 2025-02 is adopted concurrently with, and to implement, General Plan Amendment No. GPA 2025-02, which re-designated the Subject Property to High Density Residential; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed general plan amendment and rezone on August 11, 2026, in accordance with California Government Code Sections 65090, 65091, and 65854, and fully considered all comments, whether oral or written, regarding the proposed amendment; and WHEREAS, following its hearing and in accordance with California Government Code Section 65855, the Planning Commission, in a vote of 4-0, adopted a Resolution setting forth its written recommendation that the City Council approve the general plan amendment and rezone, together with the reasons for the recommendation and the relationship of the proposed amendment to the General Plan; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed general plan amendment and rezone on August 18, 2026, in accordance with California Government Code Section 65856, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, LMC Section 5-6-2(A) provides that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code Section 65860, and the City Council finds that the rezone of the Subject Property to R-3 is consistent with the Livingston General Plan, as amended by GPA 2025-02, including General Plan Land Use Policy 3.2(A), "Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents"; and
WHEREAS, the City of Livingston, as the lead agency, has prepared an Addendum to the 2000 General Plan Environmental Impact Report (EIR) to analyze potential changes in 196 of 279
environmental effects associated with General Plan Amendment No. GPA 2025-02 and Rezone No. REZ 2025-02, and comparing the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR; and
WHEREAS, the Addendum concludes that there are no substantial changes that will require major revisions to the 2000 General Plan EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects under the California Environmental Quality Act ("CEQA"); and WHEREAS, in accordance with Senate Bill 18, formal consultation requests were distributed to Native American Tribes on August 12, 2025, for a 90-day period ending on November 10, 2025, and the City did not receive any formal requests for consultation; and WHEREAS, a Notice of Public Hearing was published in the Merced Sun Star, a newspaper of general circulation, on July 29, 2026, not less than 20 days before the hearing as required by California Government Code Section 65854, mailed to the owners of property located within 300 feet of the Subject Property and to the applicant, and posted at Livingston City Hall and on the City's website, locations accessible to the public; and WHEREAS, the City Council has exercised its own independent judgment in considering the information contained in this Ordinance and its attachments, the staff report and attachments and other exhibits, and the written and oral testimony presented during the public hearing; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference as findings of the City Council.
Section 2. Environmental Review. The City Council finds that the Addendum to the 2000 General Plan EIR has been prepared in compliance with CEQA and CEQA Guidelines Sections 15162 and 15164; determines that none of the conditions described in CEQA Guidelines Section 15162 requiring preparation of a subsequent or supplemental EIR are present; and adopts the Addendum.
Section 3. Amendment of the Official Zoning Map. The Official Zoning Map of the City of Livingston is hereby amended to reclassify the Subject Property, identified as Assessor's Parcel Number 022-010-025 and consisting of approximately 5.0 acres located on the north side of B street, west of Prusso Street, from C-3 (Highway Service Commercial) to R-3 (High Density Residential), as depicted on the existing and proposed zoning maps attached hereto as Exhibit A and incorporated herein by this reference.
Section 4. General Plan Consistency. The City Council finds that the R-3 (High Density Residential) zoning classification established by this Ordinance is consistent with the Livingston General Plan, as amended by General Plan Amendment No. GPA 2025-02, in accordance with California Government Code Section 65860 and LMC Section 5-6-2(A).
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section, 197 of 279
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, in accordance with California Government Code Section 36937.
Section 7. Publication. The City Clerk shall cause this Ordinance, or a summary thereof, to be published and/or posted in the manner required by California Government Code Section 36933 within fifteen (15) days after its adoption.
Section 8. Effective Date. This Ordinance will become effective 30 days after adoption.
Introduced: August 18, 2026
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 18th day of August 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____day of September 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL:
______________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
___________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
198 of 279
Exhibit A-1
Previous Zoning
C-3 - Highway Service Commercial
9/1/2026
C-3
199 of 279
LEGEND
-
Exhibit A-2
New Zoning
R-3 - High Density Residential
9/1/2026
R-3
200 of 279
LEGEND
-
STAFF REPORT
AGENDA ITEM: Second Reading and Final Adoption of Ordinance ___, Amending the City of Livingston Zoning Map.to Change 5.62 acres of Assessor’s Parcel Number 022-010-018 from R-1 (Low Density Residential) to R3 (High Density Residential), MEETING DATE: September 1, 2026
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Ramirez, City Manager
RECOMMENDATION:
City Council waive the second reading and adopt Ordinance to Rezone 5.62 acres of Assessor’s Parcel Number 022-010-018 from R-1 (High Density Residential) to R-3 (High Density Residential).
BACKGROUND AND DISCUSSION:
The request was first considered by the City Council at a Public Hearing held on August 18, 2026.
The Rezone involves a parcel identified in the Draft Housing Element as a “candidate site” to meet the City’s Regional Housing Needs Allocation (RHNA) requirements.
This rezoning of the parcel to R-3 High Density Residential allows this property to accommodate 101 additional units to meet the City’s RHNA in the 2024-2032 Housing Element. This property is currently vacant and has General Plan land use designation of HD, High Density Residential.
Site Location APN Acres
2 Northwest corner of F Street and Winton
Parkway
022-010-018 5.62
This action together with the recently approved amendment to the General Plan land use designation for this site ensures consistency between the Livingston General Plan and the City of Livingston Zoning Map. This effort reflects the City’s commitment to promoting housing opportunities, ensuring compliance with State mandates.
ATTACHMENTS:
1. City Council Ordinance (Rezone No. REZ 2025-03)
2. Previous and New Zoning Maps
201 of 279
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LIVINGSTON TO REZONE A 5.62-ACRE
PORTION OF THE PARCEL LOCATED AT THE NORTHWEST CORNER OF F STREET AND WINTON PARKWAY (APN 022-010-018) FROM R-1 (LOW DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) (REZONE NO. REZ 2025-03)
WHEREAS, pursuant to Title 5, Chapter 6, Section 2(B)(4) of the Livingston Municipal Code (LMC), the City Planner, by the authority of the City Manager, has initiated General Plan Amendment No. GPA 2025-02 and Rezone No. REZ 2025-02 for a property within the City of Livingston located on the north side of B Street, west of Prusso Avenue (APN 022-010-025), consisting of approximately 5.62 acres (the "Subject Property"); and WHEREAS, the Subject Property is currently designated High Density Residential (HD) in the General Plan Land Use Diagram and the City request to rezone it to R-3 (High Density Residential); and
WHEREAS, the Subject Property is identified in the City's 2024-2032 (6th Cycle) Housing Element as a site to accommodate a portion of the City's Regional Housing Needs Allocation of 1,097 units, and the rezone to R-3 would enable the Subject Property to accommodate up to 123 additional dwelling units across a range of income levels; and WHEREAS, Rezone No. REZ 2025-03 is adopted concurrently with, and to implement, General Plan Amendment No. GPA 2025-03, which re-designated the Subject Property to High Density Residential; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed general plan amendment and rezone on August 11, 2026, in accordance with California Government Code Sections 65090, 65091, and 65854, and fully considered all comments, whether oral or written, regarding the proposed amendment; and WHEREAS, following its hearing and in accordance with California Government Code Section 65855, the Planning Commission, in a vote of 4-0, adopted a Resolution setting forth its written recommendation that the City Council approve the general plan amendment and rezone, together with the reasons for the recommendation and the relationship of the proposed amendment to the General Plan; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed general plan amendment and rezone on August 18, 2026, in accordance with California Government Code Section 65856, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, LMC Section 5-6-2(A) provides that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code Section 65860, and the City Council finds that the rezone of the Subject Property to R-3 is consistent with the Livingston General Plan, as amended by GPA 2025-02, including General Plan Land Use Policy 3.2(A), "Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents"; and
WHEREAS, the City of Livingston, as the lead agency, has prepared an Addendum to the 2000 General Plan Environmental Impact Report (EIR) to analyze potential changes in 202 of 279
environmental effects associated with General Plan Amendment No. GPA 2025-02 and Rezone No. REZ 2025-02, and comparing the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR; and
WHEREAS, the Addendum concludes that there are no substantial changes that will require major revisions to the 2000 General Plan EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects under the California Environmental Quality Act ("CEQA"); and WHEREAS, in accordance with Senate Bill 18, formal consultation requests were distributed to Native American Tribes on August 12, 2025, for a 90-day period ending on November 10, 2025, and the City did not receive any formal requests for consultation; and WHEREAS, a Notice of Public Hearing was published in the Merced Sun Star, a newspaper of general circulation, on July 29, 2026, not less than 20 days before the hearing as required by California Government Code Section 65854, mailed to the owners of property located within 300 feet of the Subject Property and to the applicant, and posted at Livingston City Hall and on the City's website, locations accessible to the public; and WHEREAS, the City Council has exercised its own independent judgment in considering the information contained in this Ordinance and its attachments, the staff report and attachments and other exhibits, and the written and oral testimony presented during the public hearing; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference as findings of the City Council.
Section 2. Environmental Review. The City Council finds that the Addendum to the 2000 General Plan EIR has been prepared in compliance with CEQA and CEQA Guidelines Sections 15162 and 15164; determines that none of the conditions described in CEQA Guidelines Section 15162 requiring preparation of a subsequent or supplemental EIR are present; and adopts the Addendum.
Section 3. Amendment of the Official Zoning Map. The Official Zoning Map of the City of Livingston is hereby amended to reclassify the Subject Property, identified as Assessor's Parcel Number 022-010-018 and consisting of approximately 5.62 acres located at the northwest corner of F Street and Winton Parkway, from R-1 (Low Density Residential) to R-3 (High Density Residential), as depicted on the existing and proposed zoning maps attached hereto as Exhibit A and incorporated herein by this reference.
Section 4. General Plan Consistency. The City Council finds that the R-3 (High Density Residential) zoning classification established by this Ordinance is consistent with the Livingston General Plan, as amended by General Plan Amendment No. GPA 2025-03, in accordance with California Government Code Section 65860 and LMC Section 5-6-2(A).
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section, 203 of 279
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, in accordance with California Government Code Section 36937.
Section 7. Publication. The City Clerk shall cause this Ordinance, or a summary thereof, to be published and/or posted in the manner required by California Government Code Section 36933 within fifteen (15) days after its adoption.
Section 8. Effective Date. This Ordinance will become effective 30 days after adoption.
Introduced: August 18, 2026
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 18th day of August 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____day of September 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL
______________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
___________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
204 of 279
F St
Previous Zoning
R-1 - Low Density Residential
9/1/2026
R-1
Exhibit A-1
205 of 279
LEGEND
F St
New Zoning
R-3 - High Density Residential
9/1/2026
R-3
Exhibit A-2
206 of 279
LEGEND
■
STAFF REPORT
AGENDA ITEM: Second Reading and Final Adoption of Ordinance ___, Amending the City of Livingston Zoning Map.to Change 15.0 acres of Assessor’s Parcel Number 047-280-003 from R-1 (Low Density Residential) to R3 (High Density Residential), MEETING DATE: September 1, 2026
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Ramirez, City Manager
RECOMMENDATION:
City Council waive the second reading and adopt Ordinance to Rezone 15.0 acres of Assessor’s Parcel Number 047-280-003 from R-1 (High Density Residential) to R-3 (High Density Residential).
BACKGROUND AND DISCUSSION:
The request was first considered by the City Council at a Public Hearing held on August 18, 2026.
The Rezone involves a parcel identified in the Draft Housing Element as a “candidate site” to meet the City’s Regional Housing Needs Allocation (RHNA) requirements.
This rezoning of the parcel to R-3 High Density Residential allows this property to accommodate 101 additional units to meet the City’s RHNA in the 2024-2032 Housing Element. This property is currently vacant and has General Plan land use designation of HD, High Density Residential.
Site Location APN Acres
3 12511 Peach Avenue 047-280-003 15.0
This action together with the recently approved amendment to the General Plan land use designation for this site ensures consistency between the Livingston General Plan and the City of Livingston Zoning Map. This effort reflects the City’s commitment to promoting housing opportunities, ensuring compliance with State mandates.
ATTACHMENTS:
1. City Council Ordinance (Rezone No. REZ 2025-04)
2. Previous and New Zoning Maps
207 of 279
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LIVINGSTON TO REZONE A 15.0-ACRE PORTION OF THE PARCEL LOCATED AT 12511 PEACH AVENUE (APN 047-280-003) FROM R-1 (LOW DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) (REZONE NO. REZ 2025-04)
WHEREAS, pursuant to Title 5, Chapter 6, Section 2(B)(4) of the Livingston Municipal Code (LMC), the City Planner, by the authority of the City Manager, has initiated General Plan Amendment No. GPA 2025-02 and Rezone No. REZ 2025-02 for a property within the City of Livingston located on the north side of B Street, west of Prusso Avenue (APN 022-010-025), consisting of approximately 15.0 acres of the parcel (the "Subject Property"); and WHEREAS, the Subject Property is currently designated High Density Residential (HD) in the General Plan Land Use Diagram and the City request to rezone it to R-3 (High Density Residential); and
WHEREAS, the Subject Property is identified in the City's 2024-2032 (6th Cycle) Housing Element as a site to accommodate a portion of the City's Regional Housing Needs Allocation of 1,097 units, and the rezone to R-3 would enable the Subject Property to accommodate up to 300 additional dwelling units across a range of income levels; and WHEREAS, Rezone No. REZ 2025-04 is adopted concurrently with, and to implement, General Plan Amendment No. GPA 2025-04, which re-designated the Subject Property to High Density Residential; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed general plan amendment and rezone on August 11, 2026, in accordance with California Government Code Sections 65090, 65091, and 65854, and fully considered all comments, whether oral or written, regarding the proposed amendment; and WHEREAS, following its hearing and in accordance with California Government Code Section 65855, the Planning Commission, in a vote of 4-0, adopted a Resolution setting forth its written recommendation that the City Council approve the general plan amendment and rezone, together with the reasons for the recommendation and the relationship of the proposed amendment to the General Plan; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed general plan amendment and rezone on August 18, 2026, in accordance with California Government Code Section 65856, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, LMC Section 5-6-2(A) provides that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code Section 65860, and the City Council finds that the rezone of the Subject Property to R-3 is consistent with the Livingston General Plan, as amended by GPA 2025-02, including General Plan Land Use Policy 3.2(A), "Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents"; and
WHEREAS, the City of Livingston, as the lead agency, has prepared an Addendum to the 2000 General Plan Environmental Impact Report (EIR) to analyze potential changes in 208 of 279
environmental effects associated with General Plan Amendment No. GPA 2025-02 and Rezone No. REZ 2025-02, and comparing the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR; and
WHEREAS, the Addendum concludes that there are no substantial changes that will require major revisions to the 2000 General Plan EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects under the California Environmental Quality Act ("CEQA"); and WHEREAS, in accordance with Senate Bill 18, formal consultation requests were distributed to Native American Tribes on August 12, 2025, for a 90-day period ending on November 10, 2025, and the City did not receive any formal requests for consultation; and WHEREAS, a Notice of Public Hearing was published in the Merced Sun Star, a newspaper of general circulation, on July 29, 2026, not less than 20 days before the hearing as required by California Government Code Section 65854, mailed to the owners of property located within 300 feet of the Subject Property and to the applicant, and posted at Livingston City Hall and on the City's website, locations accessible to the public; and WHEREAS, the City Council has exercised its own independent judgment in considering the information contained in this Ordinance and its attachments, the staff report and attachments and other exhibits, and the written and oral testimony presented during the public hearing; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference as findings of the City Council.
Section 2. Environmental Review. The City Council finds that the Addendum to the 2000 General Plan EIR has been prepared in compliance with CEQA and CEQA Guidelines Sections 15162 and 15164; determines that none of the conditions described in CEQA Guidelines Section 15162 requiring preparation of a subsequent or supplemental EIR are present; and adopts the Addendum.
Section 3. Amendment of the Official Zoning Map. The Official Zoning Map of the City of Livingston is hereby amended to reclassify the Subject Property, identified as Assessor's Parcel Number 047-280-003 and consisting of approximately 15.0 acres located at 12511 Peach Avenue, from R-1 (Low Density Residential) to R-3 (High Density Residential), as depicted on the existing and proposed zoning maps attached hereto as Exhibit A and incorporated herein by this reference.
Section 4. General Plan Consistency. The City Council finds that the R-3 (High Density Residential) zoning classification established by this Ordinance is consistent with the Livingston General Plan, as amended by General Plan Amendment No. GPA 2025-04, in accordance with California Government Code Section 65860 and LMC Section 5-6-2(A).
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section, 209 of 279
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, in accordance with California Government Code Section 36937.
Section 7. Publication. The City Clerk shall cause this Ordinance, or a summary thereof, to be published and/or posted in the manner required by California Government Code Section 36933 within fifteen (15) days after its adoption.
Section 8. Effective Date. This Ordinance will become effective 30 days after adoption.
Introduced: August 18, 2026
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 18th day of August 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____day of September 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL
______________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
___________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
210 of 279
211 of 279
212 of 279
STAFF REPORT
AGENDA ITEM: Second Reading and Final Adoption of Ordinance ___, Amending the City of Livingston Zoning Map.to Change 6.80 acres of Assessor’s Parcel Number 047-310-019 from R-1 (Low Density Residential) to R3 (High Density Residential), MEETING DATE: September 1, 2026
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Ramirez, City Manager
RECOMMENDATION:
City Council waive the second reading and adopt Ordinance to Rezone 6.80 acres of Assessor’s Parcel Number 047-280-019 from R-1 (High Density Residential) to R-3 (High Density Residential).
BACKGROUND AND DISCUSSION:
The request was first considered by the City Council at a Public Hearing held on August 18, 2026.
The Rezone involves a parcel identified in the Draft Housing Element as a “candidate site” to meet the City’s Regional Housing Needs Allocation (RHNA) requirements.
This rezoning of the parcel to R-3 High Density Residential allows this property to accommodate 101 additional units to meet the City’s RHNA in the 2024-2032 Housing Element. This property is currently vacant and has General Plan land use designation of HD, High Density Residential.
Site Location APN Acres
4 1018 Peach Avenue 047-310-019 6.80
This action together with the recently approved amendment to the General Plan land use designation for this site ensures consistency between the Livingston General Plan and the City of Livingston Zoning Map. This effort reflects the City’s commitment to promoting housing opportunities, ensuring compliance with State mandates.
ATTACHMENTS:
1. City Council Ordinance (Rezone No. REZ 2025-05)
2. Previous and New Zoning Maps
213 of 279
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LIVINGSTON TO REZONE A 6.80-ACRE PARCEL LOCATED AT 1018 PEACH AVENUE (APN 047-310-019) FROM R-1 (LOW DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL)
(REZONE NO. REZ 2025-05)
WHEREAS, pursuant to Title 5, Chapter 6, Section 2(B)(4) of the Livingston Municipal Code (LMC), the City Planner, by the authority of the City Manager, has initiated General Plan Amendment No. GPA 2025-02 and Rezone No. REZ 2025-02 for a property within the City of Livingston located on the north side of B Street, west of Prusso Avenue (APN 022-010-025), consisting of approximately 6.80 acres (the "Subject Property"); and WHEREAS, the Subject Property is currently designated High Density Residential (HD) in the General Plan Land Use Diagram and the City request to rezone it to R-3 (High Density Residential); and
WHEREAS, the Subject Property is identified in the City's 2024-2032 (6th Cycle) Housing Element as a site to accommodate a portion of the City's Regional Housing Needs Allocation of 1,097 units, and the rezone to R-3 would enable the Subject Property to accommodate up to 145 additional dwelling units across a range of income levels; and WHEREAS, Rezone No. REZ 2025-05 is adopted concurrently with, and to implement, General Plan Amendment No. GPA 2025-05, which re-designated the Subject Property to High Density Residential; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed general plan amendment and rezone on August 11, 2026, in accordance with California Government Code Sections 65090, 65091, and 65854, and fully considered all comments, whether oral or written, regarding the proposed amendment; and WHEREAS, following its hearing and in accordance with California Government Code Section 65855, the Planning Commission, in a vote of 4-0, adopted a Resolution setting forth its written recommendation that the City Council approve the general plan amendment and rezone, together with the reasons for the recommendation and the relationship of the proposed amendment to the General Plan; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed general plan amendment and rezone on August 18, 2026, in accordance with California Government Code Section 65856, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, LMC Section 5-6-2(A) provides that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code Section 65860, and the City Council finds that the rezone of the Subject Property to R-3 is consistent with the Livingston General Plan, as amended by GPA 2025-02, including General Plan Land Use Policy 3.2(A), "Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents"; and
WHEREAS, the City of Livingston, as the lead agency, has prepared an Addendum to the 2000 General Plan Environmental Impact Report (EIR) to analyze potential changes in 214 of 279
environmental effects associated with General Plan Amendment No. GPA 2025-02 and Rezone No. REZ 2025-02, and comparing the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR; and
WHEREAS, the Addendum concludes that there are no substantial changes that will require major revisions to the 2000 General Plan EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects under the California Environmental Quality Act ("CEQA"); and WHEREAS, in accordance with Senate Bill 18, formal consultation requests were distributed to Native American Tribes on August 12, 2025, for a 90-day period ending on November 10, 2025, and the City did not receive any formal requests for consultation; and WHEREAS, a Notice of Public Hearing was published in the Merced Sun Star, a newspaper of general circulation, on July 29, 2026, not less than 20 days before the hearing as required by California Government Code Section 65854, mailed to the owners of property located within 300 feet of the Subject Property and to the applicant, and posted at Livingston City Hall and on the City's website, locations accessible to the public; and WHEREAS, the City Council has exercised its own independent judgment in considering the information contained in this Ordinance and its attachments, the staff report and attachments and other exhibits, and the written and oral testimony presented during the public hearing; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference as findings of the City Council.
Section 2. Environmental Review. The City Council finds that the Addendum to the 2000 General Plan EIR has been prepared in compliance with CEQA and CEQA Guidelines Sections 15162 and 15164; determines that none of the conditions described in CEQA Guidelines Section 15162 requiring preparation of a subsequent or supplemental EIR are present; and adopts the Addendum.
Section 3. Amendment of the Official Zoning Map. The Official Zoning Map of the City of Livingston is hereby amended to reclassify the Subject Property, identified as Assessor's Parcel Number 047-310-019 and consisting of approximately 6.80 acres located at 1018 Peach Avenue, from R-1 (Low Density Residential) to R-3 (High Density Residential), as depicted on the existing and proposed zoning maps attached hereto as Exhibit A and incorporated herein by this reference.
Section 4. General Plan Consistency. The City Council finds that the R-3 (High Density Residential) zoning classification established by this Ordinance is consistent with the Livingston General Plan, as amended by General Plan Amendment No. GPA 2025-05, in accordance with California Government Code Section 65860 and LMC Section 5-6-2(A).
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section, 215 of 279
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, in accordance with California Government Code Section 36937.
Section 7. Publication. The City Clerk shall cause this Ordinance, or a summary thereof, to be published and/or posted in the manner required by California Government Code Section 36933 within fifteen (15) days after its adoption.
Section 8. Effective Date. This Ordinance will become effective 30 days after adoption.
Introduced: August 18, 2026
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 18th day of August 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____day of September 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL
______________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
___________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
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STAFF REPORT
AGENDA ITEM: Second Reading and Final Adoption of Ordinance ___, Amending the City of Livingston Zoning Map.to Change 3.0 acres of Assessor’s Parcel Number 047-310-020 from R-1 (Low Density Residential) to R3 (High Density Residential), MEETING DATE: September 1, 2026
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Ramirez, City Manager
RECOMMENDATION:
City Council waive the second reading and adopt Ordinance to Rezone 3.0 acres of Assessor’s Parcel Number 047-310-020 from R-1 (High Density Residential) to R-3 (High Density Residential).
BACKGROUND AND DISCUSSION:
The request was first considered by the City Council at a Public Hearing held on August 18, 2026.
The Rezone involves a parcel identified in the Draft Housing Element as a “candidate site” to meet the City’s Regional Housing Needs Allocation (RHNA) requirements.
This rezoning of the parcel to R-3 High Density Residential allows this property to accommodate 60 additional units to meet the City’s RHNA in the 2024-2032 Housing Element. This property is currently vacant and has General Plan land use designation of HD, High Density Residential.
Site Location APN Acres
5 1154 Peach Avenue 047-310-020 3.0
This action together with the recently approved amendment to the General Plan land use designation for this site ensures consistency between the Livingston General Plan and the City of Livingston Zoning Map. This effort reflects the City’s commitment to promoting housing opportunities, ensuring compliance with State mandates.
ATTACHMENTS:
1. City Council Ordinance (Rezone No. REZ 2025-06)
2. Previous and New Zoning Maps
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LIVINGSTON TO REZONE A 3.0-ACRE LOCATED AT 1154 PEACH AVENUE (APN 047-310-020) FROM R-1 (LOW DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) (REZONE NO. REZ 2025-06) WHEREAS, pursuant to Title 5, Chapter 6, Section 2(B)(4) of the Livingston Municipal Code (LMC), the City Planner, by the authority of the City Manager, has initiated General Plan Amendment No. GPA 2025-02 and Rezone No. REZ 2025-02 for a property within the City of Livingston located on the north side of B Street, west of Prusso Avenue (APN 047-310-020), consisting of approximately 3.0 acres (the "Subject Property"); and WHEREAS, the Subject Property is currently designated High Density Residential (HD) in the General Plan Land Use Diagram and the City request to rezone it to R-3 (High Density Residential); and
WHEREAS, the Subject Property is identified in the City's 2024-2032 (6th Cycle) Housing Element as a site to accommodate a portion of the City's Regional Housing Needs Allocation of 1,097 units, and the rezone to R-3 would enable the Subject Property to accommodate up to 60 additional dwelling units across a range of income levels; and WHEREAS, Rezone No. REZ 2025-06 is adopted concurrently with, and to implement, General Plan Amendment No. GPA 2025-06, which re-designated the Subject Property to High Density Residential; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed general plan amendment and rezone on August 11, 2026, in accordance with California Government Code Sections 65090, 65091, and 65854, and fully considered all comments, whether oral or written, regarding the proposed amendment; and WHEREAS, following its hearing and in accordance with California Government Code Section 65855, the Planning Commission, in a vote of 4-0, adopted a Resolution setting forth its written recommendation that the City Council approve the general plan amendment and rezone, together with the reasons for the recommendation and the relationship of the proposed amendment to the General Plan; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed general plan amendment and rezone on August 18, 2026, in accordance with California Government Code Section 65856, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, LMC Section 5-6-2(A) provides that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code Section 65860, and the City Council finds that the rezone of the Subject Property to R-3 is consistent with the Livingston General Plan, as amended by GPA 2025-02, including General Plan Land Use Policy 3.2(A), "Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents"; and
WHEREAS, the City of Livingston, as the lead agency, has prepared an Addendum to the 2000 General Plan Environmental Impact Report (EIR) to analyze potential changes in environmental effects associated with General Plan Amendment No. GPA 2025-02 and Rezone 220 of 279
No. REZ 2025-02, and comparing the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR; and
WHEREAS, the Addendum concludes that there are no substantial changes that will require major revisions to the 2000 General Plan EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects under the California Environmental Quality Act ("CEQA"); and WHEREAS, in accordance with Senate Bill 18, formal consultation requests were distributed to Native American Tribes on August 12, 2025, for a 90-day period ending on November 10, 2025, and the City did not receive any formal requests for consultation; and WHEREAS, a Notice of Public Hearing was published in the Merced Sun Star, a newspaper of general circulation, on July 29, 2026, not less than 20 days before the hearing as required by California Government Code Section 65854, mailed to the owners of property located within 300 feet of the Subject Property and to the applicant, and posted at Livingston City Hall and on the City's website, locations accessible to the public; and WHEREAS, the City Council has exercised its own independent judgment in considering the information contained in this Ordinance and its attachments, the staff report and attachments and other exhibits, and the written and oral testimony presented during the public hearing; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference as findings of the City Council.
Section 2. Environmental Review. The City Council finds that the Addendum to the 2000 General Plan EIR has been prepared in compliance with CEQA and CEQA Guidelines Sections 15162 and 15164; determines that none of the conditions described in CEQA Guidelines Section 15162 requiring preparation of a subsequent or supplemental EIR are present; and adopts the Addendum.
Section 3. Amendment of the Official Zoning Map. The Official Zoning Map of the City of Livingston is hereby amended to reclassify the Subject Property, identified as Assessor's Parcel Number 047-310-020 and consisting of approximately 3.0 acres located at 154 Peach Avenue, from R-1 (Low Density Residential) to R-3 (High Density Residential), as depicted on the existing and proposed zoning maps attached hereto as Exhibit A and incorporated herein by this reference.
Section 4. General Plan Consistency. The City Council finds that the R-3 (High Density Residential) zoning classification established by this Ordinance is consistent with the Livingston General Plan, as amended by General Plan Amendment No. GPA 2025-06, in accordance with California Government Code Section 65860 and LMC Section 5-6-2(A).
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or 221 of 279
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, in accordance with California Government Code Section 36937.
Section 7. Publication. The City Clerk shall cause this Ordinance, or a summary thereof, to be published and/or posted in the manner required by California Government Code Section 36933 within fifteen (15) days after its adoption.
Section 8. Effective Date. This Ordinance will become effective 30 days after adoption.
Introduced: August 18, 2026
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 18th day of August 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____day of September 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL
______________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
___________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
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STAFF REPORT
AGENDA ITEM: Second Reading and Final Adoption of Ordinance ___, Amending the City of Livingston Zoning Map.to Change 16.82 acres of Assessor’s Parcel Number 022-050-009 from R-1 (Low Density Residential) to R3 (High Density Residential), MEETING DATE: September 1, 2026
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Ramirez, City Manager
RECOMMENDATION:
City Council waive the second reading and adopt Ordinance to Rezone 16.8 acres of Assessor’s Parcel Number 022-050-009 from R-1 (High Density Residential) to R-3 (High Density Residential).
BACKGROUND AND DISCUSSION:
The request was first considered by the City Council at a Public Hearing held on August 18, 2026.
The Rezone involves a parcel identified in the Draft Housing Element as a “candidate site” to meet the City’s Regional Housing Needs Allocation (RHNA) requirements.
This rezoning of the parcel to R-3 High Density Residential allows this property to accommodate 101 additional units to meet the City’s RHNA in the 2024-2032 Housing Element. This property is currently vacant and has General Plan land use designation of HD, High Density Residential.
Site Location APN Acres
6 West side of Winton Parkway, north of Peach
Avenue
022-050-009 16.82
This action together with the recently approved amendment to the General Plan land use designation for this site ensures consistency between the Livingston General Plan and the City of Livingston Zoning Map. This effort reflects the City’s commitment to promoting housing opportunities, ensuring compliance with State mandates.
ATTACHMENTS:
1. City Council Ordinance (Rezone No. REZ 2025-07)
2. Previous and New Zoning Maps
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LIVINGSTON TO REZONE A 16.82-ACREs
LOCATED AT THE NORTHWEST CORNER OF PEACH AVENUE AND WINTON PARKWAY (APN 022-050-009) FROM R-1 (LOW DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) (REZONE NO. REZ 2025-07)
WHEREAS, pursuant to Title 5, Chapter 6, Section 2(B)(4) of the Livingston Municipal Code (LMC), the City Planner, by the authority of the City Manager, has initiated General Plan Amendment No. GPA 2025-02 and Rezone No. REZ 2025-02 for a property within the City of Livingston located on the north side of B Street, west of Prusso Avenue (APN 022-010-025), consisting of approximately 5.0 acres of the parcel (the "Subject Property"); and WHEREAS, the Subject Property is currently designated High Density Residential (HD) in the General Plan Land Use Diagram and the City request to rezone it to R-3 (High Density Residential); and
WHEREAS, the Subject Property is identified in the City's 2024-2032 (6th Cycle) Housing Element as a site to accommodate a portion of the City's Regional Housing Needs Allocation of 1,097 units, and the rezone to R-3 would enable the Subject Property to accommodate up to 365 additional dwelling units across a range of income levels; and WHEREAS, Rezone No. REZ 2025-07 is adopted concurrently with, and to implement, General Plan Amendment No. GPA 2025-07, which re-designated the Subject Property to High Density Residential; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed general plan amendment and rezone on August 11, 2026, in accordance with California Government Code Sections 65090, 65091, and 65854, and fully considered all comments, whether oral or written, regarding the proposed amendment; and WHEREAS, following its hearing and in accordance with California Government Code Section 65855, the Planning Commission, in a vote of 4-0, adopted a Resolution setting forth its written recommendation that the City Council approve the general plan amendment and rezone, together with the reasons for the recommendation and the relationship of the proposed amendment to the General Plan; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed general plan amendment and rezone on August 18, 2026, in accordance with California Government Code Section 65856, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, LMC Section 5-6-2(A) provides that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code Section 65860, and the City Council finds that the rezone of the Subject Property to R-3 is consistent with the Livingston General Plan, as amended by GPA 2025-02, including General Plan Land Use Policy 3.2(A), "Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents"; and
WHEREAS, the City of Livingston, as the lead agency, has prepared an Addendum to the 2000 General Plan Environmental Impact Report (EIR) to analyze potential changes in 226 of 279
environmental effects associated with General Plan Amendment No. GPA 2025-02 and Rezone No. REZ 2025-02, and comparing the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR; and
WHEREAS, the Addendum concludes that there are no substantial changes that will require major revisions to the 2000 General Plan EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects under the California Environmental Quality Act ("CEQA"); and WHEREAS, in accordance with Senate Bill 18, formal consultation requests were distributed to Native American Tribes on August 12, 2025, for a 90-day period ending on November 10, 2025, and the City did not receive any formal requests for consultation; and WHEREAS, a Notice of Public Hearing was published in the Merced Sun Star, a newspaper of general circulation, on July 29, 2026, not less than 20 days before the hearing as required by California Government Code Section 65854, mailed to the owners of property located within 300 feet of the Subject Property and to the applicant, and posted at Livingston City Hall and on the City's website, locations accessible to the public; and WHEREAS, the City Council has exercised its own independent judgment in considering the information contained in this Ordinance and its attachments, the staff report and attachments and other exhibits, and the written and oral testimony presented during the public hearing; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference as findings of the City Council.
Section 2. Environmental Review. The City Council finds that the Addendum to the 2000 General Plan EIR has been prepared in compliance with CEQA and CEQA Guidelines Sections 15162 and 15164; determines that none of the conditions described in CEQA Guidelines Section 15162 requiring preparation of a subsequent or supplemental EIR are present; and adopts the Addendum.
Section 3. Amendment of the Official Zoning Map. The Official Zoning Map of the City of Livingston is hereby amended to reclassify the Subject Property, identified as Assessor's Parcel Number 022-010-018 and consisting of approximately 16.82 acres located at the northwest corner of Peach Avenue and Winton Parkway, from R-1 (Low Density Residential) to R-3 (High Density Residential), as depicted on the existing and proposed zoning maps attached hereto as Exhibit A and incorporated herein by this reference.
Section 4. General Plan Consistency. The City Council finds that the R-3 (High Density Residential) zoning classification established by this Ordinance is consistent with the Livingston General Plan, as amended by General Plan Amendment No. GPA 2025-07, in accordance with California Government Code Section 65860 and LMC Section 5-6-2(A).
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section, 227 of 279
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, in accordance with California Government Code Section 36937.
Section 7. Publication. The City Clerk shall cause this Ordinance, or a summary thereof, to be published and/or posted in the manner required by California Government Code Section 36933 within fifteen (15) days after its adoption.
Section 8. Effective Date. This Ordinance will become effective 30 days after adoption.
Introduced: August 18, 2026
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 18th day of August 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____day of September 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL
______________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
___________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
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STAFF REPORT
AGENDA ITEM: Introduce and Waive the First Reading of an Ordinance to the City Council Amending Chapter 1-9 of the Livingston Municipal Code to Add Sections 1-9-3 through 1-9-10 Establishing Regulations for the Custody and Use of the City Seal, City Logo, and City Insignia and Prohibiting Unauthorized and Deceptive Use
MEETING DATE: September 1, 2026
PREPARED BY: Maria Sullivan, Assistant City Attorney
Jose Antonio Ramirez, City Manager
REVIEWED BY: Jose Antonio 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 1-9 of the Livingston Municipal Code to add sections 1-9-3 through 1-9-10, establishing regulations for the custody and use of the City Seal, City Logo, and City Insignia, and prohibiting unauthorized and deceptive use; and schedule a second reading and adoption of the Ordinance for September 15, 2026.
BACKGROUND
The City Seal, City Logo, and City Insignia identify the official business, documents, property, personnel, and activities of the City of Livingston. They also signal to the public that a communication is authentic and carries the authority of the City. At present, the Livingston Municipal Code does not contain comprehensive regulations governing who may use the City Seal, City Logo, and City Insignia, for what purposes, or in what manner.
Existing state law offers only limited and specific protection. Elections Code § 18304 addresses use of a public seal to deceive voters. Penal Code §§ 538d and 538g address the unauthorized use of the badge or insignia of a peace officer, or of a city officer or employee, to fraudulently induce a belief of official status. Government Code § 84305.7 requires a slate mailer organization to obtain written consent before displaying a governmental agency's logo or insignia in a manner implying the agency's endorsement. None of these statutes provides the City a general tool to prevent a private person from copying the City Seal or Logo and using it in a way that falsely implies City sponsorship or approval.
Modern technology makes it easy to reproduce the City Seal, City Logo, or City Insignia and place it on a document, product, website, or mailing. Without a local regulation, the City has limited ability to prevent uses that mislead the public into believing the City has authorized, sponsored, or endorsed a private statement, product, event, or organization. 231 of 279
This item is also consistent with the City Council Rules and Procedures being considered concurrently with this Ordinance, which provide that City letterhead, the City seal, and City logos are public resources to be used only for official City business, and which prohibit their use to imply City endorsement of activities the City has not approved. The proposed ordinance extends comparable protection against unauthorized use by the public generally.
DISCUSSION
A general law city has a common seal that is alterable at the pleasure of its legislative body1 ,
and the City Clerk is the custodian of the City seal2
. The City Council may enact this ordinance
under its police power3
. The proposed ordinance confirms the City Clerk's custody of the City Seal and designates the City Manager as custodian of the City Logo and City Insignia, and it establishes the authorized uses and the process for obtaining written authorization.
The proposed ordinance amends chapter 1-9 of the Municipal Code to include provisions that define the City Seal, City Logo, and City Insignia; designate custodians; identifies authorized uses; prohibit unauthorized and deceptive uses by any person; set out exceptions and a First Amendment savings clause; and provide for enforcement and remedies.
The prohibition in the proposed ordinance is deliberately narrow. It reaches the use of the City Seal, City Logo, or City Insignia (or a colorable imitation) only where the use is for the purpose of conveying, or is reasonably calculated to convey, a false impression that the City has sponsored, endorsed, authorized, or approved a document, product, statement, event, organization, or activity. This scope tracks the federal statute governing the use of United States governmental seals, 18 U.S.C. § 713, which prohibits display of a seal or facsimile "for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government."
Following a similar track, the proposed ordinance (a) targets only deceptive or falseendorsement uses; (b) includes an express exception for news reporting, commentary, education, scholarship, and artistic or political expression, and for any use that does not convey a false impression of City sponsorship; and (c) expressly provides that it shall be construed consistent with the First Amendment.
Finally, the ordinance provides layered, cumulative remedies: treatment of unauthorized deceptive use as a public nuisance that the City Attorney may enjoin; administrative citation with a civil fine of up to $500; and, for knowing deceptive, fraudulent, or malicious use, prosecution as an infraction or misdemeanor at the City Attorney's discretion. It also authorizes recovery of revenues derived from wrongful commercial use and preserves all other remedies. An administrative appeal process affords due process to any person cited. 1 Government Code § 34501
2 Government Code § 40811
3 California Constitution, Article XI, § 7; Government Code § 37100 232 of 279
ENVIRONMENTAL ANALYSIS
The action is not a "project" subject to the California Environmental Quality Act ("CEQA") under State CEQA Guidelines section 15378(b)(5), because it is an organizational or administrative activity of government that will not result in a direct or reasonably foreseeable indirect physical change in the environment. To the extent it is a project, it is exempt under the "common sense" exemption, State CEQA Guidelines section 15061(b)(3).
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Ordinance
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4898-5417-0823 v1
ORDINANCE NO. 2026-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA, AMENDING CHAPTER 9 OF TITLE 1 OF THE LIVINGSTON
MUNICIPAL CODE ESTABLISHING REGULATIONS FOR THE CUSTODY AND USE
OF THE CITY SEAL, CITY LOGO, AND CITY INSIGNIA AND PROHIBITING THE
UNAUTHORIZED AND DECEPTIVE USE THEREOF
WHEREAS, under Government Code section 34501, the City of Livingston (the "City") has a common seal, alterable at the pleasure of the City Council, and under Government Code section 40811 the City Clerk is the custodian of the City seal; and WHEREAS, on May 24, 2006, the City has adopted an official City seal and logo, which is used primarily to identify official City documents, property, personnel, facilities, programs, and activities (Livingston Municipal Code §§ 1-9-1 and 1-9-2, adopted by Ordinance No. 544); and
WHEREAS, the City Council is authorized to enact this ordinance under its police power pursuant to Article XI, section 7 of the California Constitution and Government Code section 37100; and
WHEREAS, existing state law provides only limited protection against misuse of governmental seals and insignia, including, for example, Elections Code § 18304 (use of a public seal to deceive voters), Penal Code §§ 538d and 538g (unauthorized use of the badge or insignia of a peace officer or of a city officer or employee to fraudulently induce a belief of official status), and Government Code § 84305.7 (consent required before a mass mailing displays a governmental logo or insignia in a manner implying the agency's endorsement). No comprehensive local regulation governs whether, by whom, and in what manner the City Seal, City Logo, and City Insignia may be used; and WHEREAS, modern technology makes it easy for any person to copy the City Seal, City Logo, or City Insignia and use it in a manner that falsely suggests that a document, product, statement, event, organization, or activity is sponsored, endorsed, authorized, or approved by the City; and
WHEREAS, the City has an important interest in preventing the use of its Seal, Logo, and Insignia to convey a false impression of City sponsorship or approval, and in preserving public confidence in the authenticity of official City communications; and WHEREAS, the City Council intends that this ordinance be construed and enforced consistent with the First Amendment to the United States Constitution and Article I, section 2 of the California Constitution, and that it reach only uses that are deceptive or that are reasonably calculated to convey a false impression of City sponsorship or approval, and not protected expressive, political, journalistic, scholarly, or other nondeceptive uses; and 234 of 279
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WHEREAS, this ordinance is consistent with and complements the current Municipal Code Chapter 9, Title 1, and the City Council Rules and Procedures governing the use of City letterhead, the City seal, and City logos by members of the City Council.
NOW, THEREFORE, the City Council of the City of Livingston does ordain as follows:
SECTION 1. Findings Incorporated. The recitals set forth above are true and correct and are incorporated herein by this reference as findings of the City Council.
SECTION 2. Addition of Sections 1-9-3 through 1-9-10. Chapter 9 of Title 1 of the Livingston Municipal Code is hereby amended by adding Sections 1-9-3 through 1-9-10 to read as follows:
CHAPTER 9. CORPORATE SEAL, LOGO
1-9-1 Official Seal.
The common seal of the City of Livingston is hereby adopted and described as follows:
A California die, surrounding which in the margin of said seal shall appear the words, “City Of Livingston, California” “The Last Stop”. The disk containing said description shall contain a map of California, a factory, a highway and a cornucopia. The seal shall be in various colors, with primary colors of navy blue and yellow. 1-9-2 Official Logo.
The following is the official logo of the City of Livingston:
1-9-3 Purpose.
The purpose of this Chapter is to protect the City Seal, City Logo, and City Insignia from unauthorized and deceptive use, to prevent fraud, deception, and misrepresentation of City sponsorship or endorsement, and to preserve public confidence in the authenticity of official City communications, while respecting rights protected by the First Amendment to the United States Constitution and Article I, section 2 of the California Constitution. 1-9-4 Definitions.
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For purposes of this Chapter:
"City" means the City of Livingston.
"City Seal" means the official corporate seal of the City adopted by the City Council, as it may be altered by the City Council pursuant to Government Code section 34501, together with any authorized variation of the seal.
"City Logo" means the official logo of the City as adopted or designated by resolution of the City Council, together with any authorized variation. "City Insignia" means, in addition to the City Seal and City Logo, any other logo, emblem, badge, patch, letterhead, business card, website banner, or similar identifying mark or device that depicts or incorporates the City or a City department, as approved by the City Manager.
"Person" means any natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or other entity. 1-9-5 Custodian.
A. The City Clerk is the custodian of the City Seal.
B. The City Manager, or the City Manager's designee, is the custodian of the City Logo and City Insignia and is authorized to determine and approve the appropriate use of the City Logo and City Insignia consistent with this Chapter.
C. The City Council retains the right to adopt, alter, or establish the City Seal and City Logo, and to create official variations, by ordinance or resolution as applicable. 1-9-6 Authorized Use.
A. The City Seal, City Logo, and City Insignia shall be used only for purposes directly connected with the official business of the City, its City Council, boards, commissions, committees, officers, employees, and departments, or as otherwise expressly authorized in writing by the City Clerk (as to the City Seal) or the City Manager or designee (as to the City Logo and City Insignia).
B. The City Clerk or designee, as custodian of the City Seal, is authorized to affix the City Seal to certificates and documents as required by law, this Code, or City ordinance or resolution, to authenticate official City documents. Instruments requiring the City Seal shall be signed as provided in Government Code section 40602.
C. City officers, employees, members of the City Council, and members of City boards, commissions, and committees may use stationery, printed materials, and other articles bearing the City Seal, City Logo, or City Insignia while acting within the scope of their office or employment and in accordance with this Code and the City Council Rules and Procedures.
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D. A person seeking to use the City Seal, City Logo, or City Insignia for a purpose not otherwise authorized by this Chapter must obtain the prior written authorization of the City Manager or designee. The City Manager or designee shall not authorize any use that suggests City endorsement of a candidate, ballot measure, political activity, product, or commercial venture, or that is otherwise prohibited by law or inconsistent with this Chapter.
1-9-7 Prohibited Uses.
A. No person shall use, display, reproduce, or distribute the City Seal, City Logo, or City Insignia, or any facsimile, or any colorable imitation so similar that it may reasonably be mistaken for the City Seal, City Logo, or City Insignia, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression that a document, item, statement, publication, product, event, organization, or activity is sponsored, endorsed, authorized, or approved by the City when it is not, without the prior written authorization of the City Clerk or the City Manager or designee.
B. No person shall use the City Seal, City Logo, or City Insignia, or any facsimile thereof, for the purpose of supporting or opposing any candidate for elective office or any ballot measure, or on any writing distributed for the purpose of influencing the action of the electorate in any election. This subsection does not apply to writings issued by the City or the City Council as a whole pursuant to law.
C. No person shall use the City Seal, City Logo, or City Insignia for a commercial purpose in a manner reasonably calculated to convey a false impression of City sponsorship, endorsement, or approval, without the prior written authorization of the City Manager or designee.
1-9-8 Exceptions; Construction Consistent With the First Amendment.
A. This Chapter shall not be construed to prohibit, and nothing in Section1-9-7 applies to, any use of the City Seal, City Logo, or City Insignia that is protected by the First Amendment to the United States Constitution or Article I, section 2 of the California Constitution, including news reporting, commentary, criticism, education, scholarship, and artistic or political expression, or any other use that does not convey, and is not reasonably calculated to convey, a false impression of City sponsorship, endorsement, or approval.
B. This Chapter does not prohibit the accurate reproduction or display of an official City document, communication, or news release that bears the City Seal, City Logo, or City Insignia.
C. This Chapter does not prohibit a use expressly authorized by action of the City Council, or a use in connection with a charitable or nonprofit purpose that has been authorized in writing by the City Manager or designee.
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D. Nothing in this Chapter prohibits the manufacture or sale of souvenirs or decorative items bearing the City Seal or City Logo where the person does so pursuant to a written agreement with the City containing such terms as the City Manager deems appropriate. 1-9-9 Enforcement; Remedies.
A. The unauthorized use of the City Seal, City Logo, or City Insignia in violation of Section 1-9-7 is declared to be a public nuisance. In addition to any other remedy, the City Attorney may bring a civil action to enjoin the violation and to recover the City's costs and reasonable attorney's fees as permitted by law.
B. A violation of this Chapter may be enforced by administrative citation and administrative fine pursuant to the City's administrative citation procedures set forth in Livingston Municipal Code Chapter 1-18, in an amount not to exceed five hundred dollars ($500.00) per violation.
C. A knowing use of the City Seal, City Logo, or City Insignia that is deceptive, fraudulent, or malicious may be charged as an infraction or a misdemeanor, as determined by the City Attorney. A misdemeanor is punishable by a fine not exceeding one thousand dollars ($1,000.00), imprisonment in the county jail for a term not exceeding six (6) months, or both.
D. In addition to any other penalty or remedy, the City may recover from any person who used the City Seal, City Logo, or City Insignia in violation of this Chapter for a commercial purpose any revenues the person received from the wrongful use.
E. The remedies provided in this Chapter are cumulative and in addition to any other remedy available at law or in equity. Nothing in this Chapter limits the enforcement of Elections Code section 18304, Penal Code sections 538d and 538g, Government Code section 84305.7, or any other applicable law.
1-9-10 Appeals.
A person to whom an administrative citation is issued under this Chapter may contest the citation by following the procedures described in § 1-18-10 through § 1-18-13 of the Livingston 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. Enforceability. Repeal of any provision of the Livingston Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. 238 of 279
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SECTION 5. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6. 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 7. 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 LMC or other city ordinance by this Ordinance will be rendered void and cause such previous LMC provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 8. Environmental Assessment. The City Council finds that this ordinance is not a "project" subject to the California Environmental Quality Act ("CEQA") under State CEQA Guidelines section 15378(b)(5), because it is an organizational or administrative activity of government that will not result in a direct or reasonably foreseeable indirect physical change in the environment. If this ordinance is a project, it is exempt under the "common sense" exemption of State CEQA Guidelines section 15061(b)(3).
SECTION 9. 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 10. Effective Date. This Ordinance will become effective 30 days after adoption.
Introduced:
Passed and Adopted:
____________________________
Jose A. Moran, Mayor
Of City of Livingston
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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 _____day of ________2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____day of September 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
___________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
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4934-8560-0710 v1 1
STAFF REPORT
AGENDA ITEM: Introduce and Waive the First Reading of an Ordinance to the City Council Amending Chapter 1-11 of the Livingston Municipal Code Related to Purchase Policies and Procedures, and Schedule a Second Reading
MEETING DATE: September 1, 2026
PREPARED BY: Maria Sullivan, Assistant City Attorney
Jose Antonio Ramirez, City Manager
REVIEWED BY: Jose Antonio 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 1-11 of the Livingston Municipal Code related to Purchase Policies and Procedures, and schedule a second reading for September 15, 2026.
BACKGROUND
The Livingston Municipal Code ("LMC") Chapter 1-11, Purchase Policies and Procedures, has not been comprehensively updated since its adoption in 1987. Inflation, changes in market conditions, advancements in municipal best practices, and evolving legal and audit requirements have rendered many provisions of the original code outdated.
The City desires to modernize and amend LMC Chapter 1-11 to clarify approval limits, strengthen competitive procurement, codify audit and transparency measures, and prevent practices that could result in audit findings or undermine public confidence. The City also wishes to update the procedures for executing contracts, including authority to sign, to ensure that all contracts are executed efficiently, with proper legal review, and in compliance with state law.
A prior version of this Ordinance was introduced, and its first reading waived, at the City Council's regular meeting of June 16, 2026. At that meeting, the Council directed staff to make revisions before the Ordinance returns for adoption, including:
1. Refine the non-competitive (sole source) procurement provisions of the Ordinance.
2. Clarify signature authority for public project agreements procured under the California Uniform Public Construction Cost Accounting Act (CUPCCAA).
Because these revisions are substantive, the revised Ordinance is presented for a new first reading. Staff recommends amending the City's existing purchase policies and procedures ordinance to align with the City's commitment to transparent, ethical, and accountable financial management consistent with the Government Code and Public Contract Code. 241 of 279
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The detailed purchasing procedures that implement Chapter 1-11 are set out in a companion Purchasing Procedures Administrative Instruction. That document is not before the Council for adoption, but it is provided with this item for the Council's information only. Under the Ordinance, the City Manager, as the City's purchasing agent, is authorized to promulgate administrative policies and procedures to implement the chapter, in a form approved by the City Attorney. The Administrative Instruction is therefore being issued administratively by the City Manager and will take effect upon the Ordinance's effective date. Should the Council wish to give any supplementary purchasing regulations the force of a Council-adopted measure, the Ordinance preserves that option through adoption by separate written resolution.
DISCUSSION
The amendment includes several substantive updates to the existing ordinance, including the following:
1. Adds language outlining the legal prohibition on splitting or segmenting related purchases, contracts, or projects, to increase transparency and accountability.
2. Limits exceptions to specifically enumerated circumstances (emergency purchasing, sole source, best value, cooperative purchasing, and supplies at or under $5,000).
3. Adopts a three-tiered approval structure (director, city manager, city council) to streamline the process and ensure consistent application.
4. Defines when open-market/no bid purchasing applies, when informal competitive quotes are required, and when formal bidding and City Council approval are required, and sets out the applicable procedures for each.
Following the June 16, 2026 introduction, staff revised the Ordinance as directed:
6. The sole source provisions in Section 1-11-4(A) have been refined to permit a noncompetitive award only where the City determines and documents, after reasonable market research, that a single vendor can meet the City's minimum operational, technical, legal, or compatibility requirements. The determination is made by the City Manager for contracts under $50,000 and by the City Council for contracts of $50,000 or more. A sole source procurement form, documenting the basis for the determination is placed in the contract file and maintained as a public record.
7. Section 1-11-12(D), which sets signature authority under Government Code Section 40602, has been clarified to confirm that the City Manager may sign contracts not to exceed $50,000, and that this same limit applies to public project agreements negotiated under CUPCCAA pursuant to Section 1-21-4(A); Department Heads may sign contracts not to exceed $5,000.
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. 242 of 279
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FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Ordinance No.
2. Purchasing Procedures Administrative Instruction
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ORDINANCE NO.
AN ORDINANCE OF THE LIVINGSTON CITY COUNCIL
AMENDING LIVINGSTON MUNICIPAL CODE CHAPTER 1-11
TO ESTABLISH UPDATED PROCUREMENT AND CONTRACT
EXECUTION POLICIES AND PROCEDURES
WHEREAS, Livingston Municipal Code (“LMC”) Chapter 1-11 (Purchase Policies and Procedures) has not been comprehensively updated since its adoption in 1987; WHEREAS, inflation, changes in marketplace conditions, advancements in municipal best practices, and evolving legal and audit requirements have rendered many provisions of the original code outdated for present-day needs;
WHEREAS, the City Council finds that the modernization of purchasing and contracting policies is essential to ensure the efficient, transparent, and accountable management of public funds and is responsive to current fiscal realities, legal obligations, and community expectations; WHEREAS, the City desires to modernize and amend LMC Chapter 1-11 to clarify approval limits, strengthen competitive procurement, codify audit and transparency measures, and prevent practices that could result in audit findings or undermine public confidence; WHEREAS, the City Council also seeks to amend LMC Chapter 1-11 to clarify and update the procedures for executing contracts, including authority to sign, form requirements, and compliance with Government Code § 40602, to ensure all contracts are executed efficiently, with proper legal review, and in accordance with state law; and WHEREAS, the City affirms its commitment to transparent, ethical, and accountable financial management consistent with the Government Code and Public Contract Code.
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. LMC Chapter 1-11 is amended in its entirety to read as follows:
Chapter 11: Purchasing and Signature Authority
§ 1-11-1 PURPOSE.
The purpose of this chapter is to establish efficient, transparent, and accountable procedures for the purchase of supplies, materials, equipment, and services for the City; to exercise financial control over public expenditures; to promote competition and best value in municipal purchasing; to prevent fraud, waste, and abuse; and to ensure compliance with applicable laws, ethical standards, and audit requirements. § 1-11-2 DEFINITIONS.
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:
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(A) "Contract" may include a purchase order or professional services agreement as the context may dictate.
(B) "General services" means services that are manual or routine in nature as opposed to services that are predominately intellectual and varied in character or require specialized knowledge of an advanced type generally acquired from study at an institution of higher learning.
(C) “Maintenance services” means routine, recurring and usual work for the preservation or protection of a publicly owned, or publicly operated facility for intended purposes, including, but not limited to: minor repainting; resurfacing streets and highways at less than one inch; landscape maintenance (mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems); work performed to keep, operate, and maintain publicly owned water or waste disposal systems; and other similar services that are generally classified as maintenance and are not public projects.
(D) "Professional services" means those services provided to the city by independent consultants that are predominantly intellectual and varied in character – as opposed to manual or routine in nature – which require specialized knowledge of an advanced type generally acquired from study at an institution of higher learning, and entail the exercise of a wide degree of discretion and judgment when performing the services (e.g., lawyers, engineers, architects, certified public accountants and land-use planners).
(E) “Public project” shall have that meaning provided in § 22002(c) of the Public Contracting Code, and means a project for the construction, reconstruction, erection, alteration, renovation, improvement, demolition, installation, painting, repainting, and repair work involving any publicly owned, leased, or operated facility. A project consisting of both goods and services shall be considered a public project if the primary purpose is the installation, construction, alteration, or improvement of a public facility.
(F) "Purchase" includes renting, leasing, purchasing, licensing, or a trade of supplies. (G) "Supplies" includes general services; equipment; materials; goods, parts; miscellaneous commodities; and other office supplies. "Supplies" does not include professional services.
§ 1-11-3 PURCHASING AGENT.
The City Manager is designated as the City's purchasing agent. The City Manager may delegate purchasing agent responsibilities to another appointed agent in writing. Supplies for city departments must be purchased in accordance with this code, any administrative regulations promulgated pursuant to this chapter, and such additional regulations that the city council may adopt by written resolution. The duties of the purchasing agent may be combined with those of any other office or position and include, without limitation, the following:
(A) Purchasing or contracting for supplies required by any department. (B) Promulgating administrative policies and procedures to implement the purposes of 245 of 279
this chapter as approved by the City Manager in writing. (C) Facilitating the inspection of all supplies purchased under this chapter to determine their quality and ensure conformance with City specifications. (D) Recommending the transfer of surplus or unused supplies and equipment between departments as needed.
(E) Selling or disposing of supplies cannot be used by any department or which have become unsuitable for city use.
(F) Performing such other tasks as may be necessary for the proper conduct of purchasing of supplies.
§ 1-11-4 PROCUREMENT THRESHOLDS AND APPROVAL REQUIREMENTS.
Amount per purchase or
contract
Approval authority Competitive process required
$0-$5,000 Department Head or
designee
Open market; no competition
required (see § 1-11-4(D))
$5,001-$50,000 City Manager or designee Informal bidding; at least three quotes or proposals
(verbal or written); see § 1-
11-6; approval authority
amounts also apply to public
works contracts under LMC
Chapter 1-21
Above $50,000 City Council Formal bidding; Council
approval required (see § 1-
11-7(A)-(E))
(A) Sole Source. A contract may be awarded without competition when the City determines and documents, after reasonable market research, that there is only one vendor who is capable of providing the required goods or services in a manner that meets the City’s minimum operational, technical, legal, or compatibility requirements.
1. In the case of contracts less than $50,000.00, this determination shall be made by the City Manager and, in the case of contracts more than $50,000.00, this determination shall be made by the City Council.
2. The City Manager shall conduct negotiations, as appropriate, as to price, delivery, and terms.
3. A written statement of the basis for the sole source determination shall be placed in the contract file. A record of sole source procurements shall be maintained as a public record for purchases of supplies or services exceeding the amount fixed for 246 of 279
solicitation of unsealed quotes. Such records may be destroyed after two (2) years in accordance with Government Code § 34090.
(B) Best Value. The City Manager may select the lowest responsible bidder based on objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications along with the nature of the goods, supplies, or equipment.
(C) Cooperative Purchasing or Piggybacking. Where the City Manager identifies a cooperative competitive bidding procedure, being prepared by and processed through another local, state, or federal governmental agency, the City Manager may join into an existing written purchase contract through a competitive bidding process prepared by and awarded by another local, state or federal governmental agency. (D) Supplies under $5,000. Purchases made for supplies with an estimated value under $5,000 may be purchased on the open market without bidding requirements, provided such purchases are not intentionally split or segmented to avoid competitive bidding (see § 1-11-10 Segmentation Prohibited).
(E) Annual Aggregate Limit. The City Manager is authorized to execute and administer contracts for goods and services without City Council approval, provided that: (1) no individual contract exceeds $50,000, and (2) the aggregate amount of contracts awarded to the same contractor during any fiscal year does not exceed $75,000. § 1-11-5 PUBLIC PROJECTS DISTINGUISHED.
Public projects, as defined in Section 1-11-2 (E), shall be procured in accordance with Chapter 1-21, which implements the California Uniform Public Construction Cost Accounting Act (CUPCCAA). Any procurement involving the purchase of goods and services, where the primary purpose is the construction, installation, alteration, renovation, repair, or improvement of a publicly owned facility, shall be treated as a public project and shall be procured in accordance with Chapter 1-21.
§ 1-11-6 INFORMAL BIDDING.
Purchases for supplies with an estimated value of $5,001 up to $50,000 require the following:
(A) Purchases must, whenever possible, be based upon at least three bids or quotes and be awarded to the lowest responsible bidder.
(B) Bids or quotes may be obtained either verbally or in writing by direct mail requests, checking prices by telephone inquiry, comparing prices on file, or by notice on official city bulletin boards.
(C) Department heads, or designee, may solicit proposals for such supplies. (D) The City Manager shall keep a record of all informally bid purchases and the bidding in competition thereon, and such records shall be open to public inspection. Such records may be destroyed after two (2) years in accordance with Government Code § 34090.
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(E) The City Manager may require that supplies purchased pursuant to this section be formally bid and awarded. Before requiring such bidding, the City Manager must promulgate administrative policies and procedures, in a form approved by the City Attorney, establishing such formal bidding procedures.
§ 1-11-7 FORMAL BIDDING; PURCHASING ABOVE $50,000.
Any single purchase or contract for supplies over $50,000, or multiple related purchases or contracts intentionally split to avoid the $50,000 threshold, must comply with the following formal process:
(A) Notice Inviting Bids. Notices inviting formal bids must be posted at City Hall and distributed (either electronically or otherwise) at least ten days before the deadline for submitting bids to all vendors on the City's list for the supplies being sought and to such other vendors as the City Manager deems appropriate. The notice soliciting bids must describe the supplies needed in general and generic terms, identify security required for the bid, how bid specifications can be obtained, and designate the deadline and place for submitting informal bids. The City Manager is responsible for soliciting sealed bids from all responsible prospective vendors whose names are on the bidders' list maintained by the requesting department. (B) Bidder's Security. The City Manager may require bidders to secure bids and performance in a manner approved by the City Manager and in a form approved by the City Attorney. Unsuccessful bidders are entitled to the return of bid security within sixty days after the date of the award. When deemed necessary by the City Manager, bidders' security may be prescribed in the notices inviting bids. Bidders are entitled to return of bid security; provided, that a successful bidder forfeits his or her bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the City is responsible for the delay. If a successful bidder refuses to comply with, or fails to execute, a contract issued by the City within ten days after being awarded the contract, the City may cancel the award and retain any bid security. Compliance with contract requirements includes, without limitation, submission of insurance documentation. Should this occur, the City Council may award the contract to the next lowest responsible bidder. (C) Performance Bonds. The City Council or City Manager may require a performance bond in an amount reasonably necessary to protect the best interests of the City. If the City Council or City Manager requires a performance bond, the form and amount of the bond will be described in the notice inviting bids. (D) Bid Opening Procedure. Sealed bids must be submitted to the City Manager in an envelope clearly marked as a bid along with the bidder's name and project number written on the outside. The City Manager will open properly submitted bids at the time and place stated in the notice inviting bids. A written record and tabulation must be made at the time all bids are received and then opened. Bids received after the time specified in the notice inviting bids will not be accepted. (E) Council Approval. All bids received as part of the formal bidding process must be submitted to the City Council by the City Manager. The City Council may reject all bids or award the purchase contract to the best qualified bidder whose bid or proposal fulfills the purpose intended according to criteria designated in the 248 of 279
solicitation, provided that the contract award amount is within the unencumbered appropriation for that item. The City Council may waive any minor bid irregularities. If the City does not receive any bids, the City Council may:
1. Abandon the purchase;
2. Authorize rebidding the purchase on an informal basis; or
3. Authorize purchasing the supplies on a direct negotiated contract. (F) Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, the City Council may accept one of them or accept the lowest bid made by negotiation with the tie bidders at the time of or after the bid opening.
§ 1-11-8 LOWEST RESPONSIBLE BIDDER.
(A) For the purposes of this chapter, in addition to price, "lowest responsible bidder" will be determined based on consideration of the following factors:
1. The ability, capacity and skill of the bidder to perform the contract or provide the supplies;
2. Whether the bidder has the facilities to perform the contract or provide the supplies promptly, or within the time specified, without delay or interference;
3. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
4. The bidder's record or performance of previous contracts or services;
5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract;
6. The sufficiency of the financial resources and ability of the bidder to perform the contract; and
7. The quality, availability and adaptability of the supplies to the particular use required.
(B) In addition to the foregoing, for the purpose of calculating the lowest responsible bidder, preference will be awarded to local vendors, when the following criteria are met:
1. The vendor is a person or legal entity with a place of business within the City and a valid current business license issued by the City; and
2. The difference between bids from the local vendor and those outside the City is less than the current sales tax benefit the City would receive. § 1-11-9 PROFESSIONAL SERVICES.
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Professional services may include, but not be limited to, architectural, engineering, testing, land surveying, environmental, accounting, legal, Information Technology, and other related services. (A) The City Manager may contract for professional services in an amount not to exceed $50,000 dollars. Professional services estimated to cost more than $50,000 must be approved by the City Council. The manner by which all professional services are selected and contracted may be governed by administrative policy and procedures promulgated by the City Manager and approved as to form by the City Attorney. (B) When selecting a contractor for professional, personal or specialized services, the skill, ability and expertise of the entity or person performing the services is a key component of the selection criteria. The selection should therefore be on the basis of demonstrated competence, overall value to the City, and on the professional qualifications necessary for the satisfactory performance of the services required. Cost is only one factor in determining selection.
§ 1-11-10 SEGMENTATION PROHIBITED.
It is a violation of this chapter to knowingly take action to separate purchases, contracts, projects, or requirements into smaller units or segments solely for the purpose of evading the competitive formal or informal bidding requirements and approval thresholds set forth in this chapter. Any such related or artificially divided transactions shall be aggregated for approval, threshold, and bidding purposes.
§ 1-11-11 EMPLOYMENT CONTRACTS.
This Chapter does not apply to the employment of any person by the City at a regular salary. § 1-11-12 EXECUTION OF CONTRACTS.
(A) Generally. The City is not bound by any contract unless the contract is in writing, approved as to form by the City Attorney, and signed on behalf of the City by an officer or officers as set forth in this chapter. Any such officer must sign a contract on the City's behalf when directed to do so by the City Council. No contract will be considered executed or binding unless these requirements are satisfied. (B) City Council authority. Unless otherwise provided in this code, a resolution, or ordinance, the City Council must approve all contracts and direct the Mayor, or other officer, to sign a contract on the City's behalf.
(C) Emergency contracting. In the event of a declared state of emergency, the City Manager may bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items. (D) Signature authority. In accordance with Government Code § 40602, the following officers are authorized to sign contracts on the City’s behalf:
1. The Mayor or, in the Mayor's absence, the Mayor Pro Tem;
2. The City Manager when directed to do so by the City Council, resolution, ordinance, or any provision of this code;
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3. The City Attorney when directed to do so by the City Council, to retain special counsel, retain expert witnesses in anticipation;
4. The City Manager for contracts not to exceed $50,000. This same limit applies to public project agreements negotiated pursuant to § 1-21-4(A); and
5. Department Heads for contracts not to exceed $5,000.
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 purchasing 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 A. Moran, Mayor
Of City of Livingston
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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 _____day of ________2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____day of September 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
___________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
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4924-1255-1356 v1
OFFICE OF THE CITY MANAGER
Administrative Instruction
No. 1
PURCHASING PROCEDURES
Effective Date: August ___, 2026
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Administrative Instruction No. 1
4924-1255-1356 v1
TABLE OF CONTENTS
Page
I. PURPOSE............................................................................................................ 1 II. POLICY ................................................................................................................ 1 III. APPROVAL AUTHORITY .................................................................................... 1 A. PUBLIC PROJECT CONTRACTS............................................................. 1 B. PURCHASE OF GOODS/SERVICES CONTRACTS ................................ 1 C. EXCEPTIONS TO THE ABOVE APPROVAL AUTHORITY ...................... 2 IV. PURCHASING PROCEDURE REQUIREMENTS................................................ 2 A. PUBLIC PROJECT .................................................................................... 2 B. SUPPLIES AND SERVICES...................................................................... 3 C. INFORMAL BIDDING PROCEDURES ...................................................... 3 D. ADDITIONAL TYPES OF PURCHASES ................................................... 4 V. REQUISITION, PURCHASE ORDER, AND ENCUMBRANCE PROCESS.......... 6 VI. CONTRACTS/AGREEMENTS ............................................................................. 7 A. PROCEDURES IF VENDOR WILL NOT ACCEPT TEMPLATE................ 8 B. INSURANCE REQUIREMENTS................................................................ 8 C. CITY ATTORNEY APPROVAL AS TO FORM........................................... 9 D. CONTRACT AGREEMENT APPROVAL FORM (SEE APPENDIX
III) .............................................................................................................. 9 E. CONTRACT RENEWAL ............................................................................ 9 VII. MISCELLANEOUS............................................................................................... 9 A. LOCAL VENDOR....................................................................................... 9 VIII. DEFINITIONS..................................................................................................... 10 APPENDIX I - INFORMAL BID PROCESS................................................................... 12 APPENDIX II-FORMAL BID PROCEDURES................................................................ 15 APPENDIX VI - QUICK STEPS TO PURCHASING...................................................... 19 254 of 279
Administrative Instruction No. 1
4924-1255-1356 v1 1
I. PURPOSE
The purpose of this Administrative Instruction is to describe procedures in accordance with City of Livingston Municipal Code (LMC) Chapter 1-11. These procedures are designed to ensure that the City receives competitive prices on its purchases; vendors are chosen in a fair/competitive manner; and the City is shielded from unnecessary legal or liability exposure from activities arising out of purchasing of equipment, goods and services.
II. POLICY
The LMC (Section 1-11-3) designates the City Manager as the City's purchasing authority. In the City of Livingston's decentralized purchasing environment, the City Manager has delegated purchasing authority to each department under the condition that they monitor their department's purchases, including responsibility for not exceeding funds appropriated in the budget process and for adherence to the purchasing guidelines set forth in the municipal code, as well as in this Administrative Instruction.
The guidelines below provide direction on approval authority, purchasing procedure, and when to use which type of City contract/agreement.
III. APPROVAL AUTHORITY
The LMC (Section 1-11-4) establishes monetary thresholds of approval for purchasing acquisitions.
A. PUBLIC PROJECT CONTRACTS
1. Public Projects under $50,000 may be approved by the City Manager.
2. Public Projects $50,000 or over must be approved by the City Council. City Council resolution approving/authorizing the contract must be attached to the packet before circulating the packet for approval signatures.
B. PURCHASE OF GOODS/SERVICES CONTRACTS
1. Contracts for the purchase of goods/services $5,000 or less may be approved by the Department Head.
2. Contracts for the purchase of goods/services between $5,001- $50,000 may be approved by the City Manager.
3. Contracts for the purchase of goods/services over $50,000 must be approved by the City Council. City Council resolution
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approving/authorizing the contract must be attached to the packet before circulating the packet for approval signatures.
C. EXCEPTIONS TO THE ABOVE APPROVAL AUTHORITY
1. All real property acquisitions or real property lease contracts with a term of three years of more, regardless of amount, must be approved by City Council.
2. If item or service is explicitly listed and approved in the annual budget book during the budget adoption process by City Council, this may constitute City Council approval. However, this is considered on a case by case basis, determined by purchase amount and description and only with explicit approval by the City Council.
3. The City Manager is authorized to execute and administer contracts for goods and services or public projects without City Council approval provided that: (1) no individual contract exceeds $50,000, and (2) the aggregate amount of contracts awarded to the same contractor during any fiscal year does not exceed $75,000.
IV. PURCHASING PROCEDURE REQUIREMENTS
Depending on the type of purchase and the value of the contract, formal or informal bidding procedures may be required.
A. PUBLIC PROJECT
The City adopted the California Uniform Public Construction Cost Accounting Act (CUPCCAA), governed by Public Contract Code §§ 22000 et seq. (Chapter 1-21).
1. Public Projects $75,000 or less, and amended from time to time by PCC §22032(a), do not require bidding.
2. Public Projects in the amount of $75,001 to $220,000, and amended from time to time by PCC §22032(b), require informal bidding. (Appendix I)
3. Public Projects over $220,000, and amended from time to time by PCC §22032(c), require formal bidding (Appendix II)
Typically, a "public project" is any construction project that is paid for out of public funds. Determining whether a project is a "public project" is important because when a "public project" is above a certain value, then the Public Contract Code (PCC) requires that public entities engage in specific bidding procedures. If it is a mixed 256 of 279
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project or it is unclear, consult with the City Attorney for guidance on how the project should be characterized.
B. SUPPLIES AND SERVICES
1. Purchase of Supplies
a. Contracts for the purchases of supplies $5,000 or less do not require competitive bidding.
b. Contracts for the purchases of supplies $5,001 - $50,000 require informal bidding procedures.
c. Contracts for the purchases of supplies over $50,000 require formal bidding procedures.
2. Purchase of Services
a. Contracts for the purchases of services $5,000 or less do not require competitive bidding.
b. Contracts for the purchases of services $5,001 - $50,000 require informal bidding procedures.
c. Contracts for the purchases of services over $50,000 require formal bidding procedures.
d. When selecting a contractor for professional, personal or specialized services, the skill, ability and expertise of the entity or person performing the services is a key component of the selection criteria. The selection should therefore be on the basis of demonstrated competence, overall value to the City, and on the professional qualifications necessary for the satisfactory performance of the services required. Cost is only one factor in determining selection (LMC § 1-11-9(B)).
C. INFORMAL BIDDING PROCEDURES
Informal Bidding is the City's vendor selection process for goods and services valued between $5,001-$50,000. The process is outlined in LMC § 1-11-6 and requires department heads to solicit quotes or bids by written request from prospective vendors by telephone, mail, email or by posting a public notice in City Hall or on the City's website. Informal Bidding Procedures are required for the purchase of goods or services that are in excess of $5,000.
1. For projects of $5,001 - $50,000, the department shall obtain at least three (3) quotes or bids, whenever possible. If the department 257 of 279
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is unable to obtain three (3) quotes, a written explanation of the attempts that were made and the reasons for the department’s inability to obtain three (3) quotes must be placed in the file. Quotes are typically informal offers to perform work at a stated price. Bids are typically more formalized offers to perform work at a stated price and are often submitted in response to a Request for Proposals (“RFP”).
2. The department shall keep records of all quotes/bids for at least two (2) years after the submission of the quote/bid or placing of the order. These records shall be made available for public review upon request. Records may be destroyed after two years in accordance with Government Code § 34090.
3. Informal bidding procedures are only used for purchases of goods or services. They may NOT be used for "public projects."
4. When selecting a vendor, departments should remember, as stated above, that a professional, personal or specialized services contract is for the skill, ability and expertise of the entity or person and as such the selection should be based on competence and overall value to the city. Cost is only one factor.
D. ADDITIONAL TYPES OF PURCHASES
1. Petty Cash. Authorized purchases made by an employee using personal funds may be reimbursed through Petty Cash.
Requirements for Petty Cash reimbursement are as follows:
a. Purchase may not exceed $200.00 [Finance Department
Memo Oct. 20, 2009].
b. Reimbursement requests must be accompanied by a Petty Cash Voucher.
c. Voucher must be signed by Department Head or Supervisor. d. Receipt for purchase must accompany the voucher.
e. Vouchers can be redeemed by one of the Petty Cash
Custodians, Police Administration or Finance Department.
If total requested reimbursement exceeds $200.00, follow the above guidelines; however, use the Statement of Expense form rather than the Petty Cash Voucher. The Statement of Expense, along with all supporting documentation, will need to be entered into the accounting system, and a check will be issued upon approval.
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2. Cooperative Purchasing (“Piggybacking”) Piggybacking can be an efficient and appropriate way to utilize other agencies' bid processes to take advantage of already contracted low bid prices.
LMC § 1-11-4(C) allows for "piggybacking" under the following circumstances:
a. The requesting department verifies with City Attorney, in writing, that all purchases or contracts by other
governmental agencies were made in conformance with
state law.
b. Initial requesting government agency's bid and purchasing process substantially conforms to the procedures
established by state law and the LMC Purchasing
Ordinance.
c. Bid process should be confirmed as completed within the last year. All other purchasing procedures for
contracts/agreements obtained via piggybacking shall be followed in accordance to the terms of this Administrative Instruction and would exclude allowance for public projects over $75,000, which must follow appropriate bid procedures.
3. Sole Source
Sole source procurement is any transaction in which the services and/or supplies can be obtained from only one source. This is usually necessary if the specification or requirement for a purchase is so unique, that only one possible source could meet the established standards. These purchases require documented analysis of sole source requirements as well as possible review by the City Attorney and approval by the City Manager. Justification will be based on the following:
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services in a manner that meets the City’s minimum
operation, technical, legal, or compatibility requirements. b. Compatibility with existing equipment, software, or systems requires procurement from a specific vendor.
c. The goods or services are proprietary and are available from only one supplier.
d. Competition is not feasible for documented operational, technical, or legal reasons. Before a purchase can be made without competition, the requesting department must:
(i) Contact Purchasing and discuss whether the
requirement can be competitively procured.
(ii) Complete a Sole Source Justification Form (See,
Appendix VII).
(iii) Explain why the proposed vendor is the only source capable of meeting the City’s requirements.
(iv) Provide clear and convincing support rather than
general conclusions.
V. REQUISITION, PURCHASE ORDER, AND ENCUMBRANCE PROCESS Purchase orders can be beneficial to ensuring competitive pricing and as such, are part of the City's recommended best practice. The use of purchase orders is strongly recommended when anticipating large or repetitive purchases throughout the year. This is especially important to ensure adequate funding for pending purchases and to also negotiate best pricing on a larger commitment of purchases from a vendor. Purchase orders also encumber funds for items or services ordered, which helps avoid overspending, and provides for appropriation carryover into the following fiscal year in the event that the items or services are not provided and invoiced until then. The sequence of events below demonstrates how to process purchase orders.
A. Department submits requisition to the Finance Department via the accounting system. This should include all documentation, including W9's, bids/quotes, contracts and insurance information. There should also be adequate funding available in the account(s) designated in the request.
B. After receiving the requisition, Finance considers all attached documentation and confirms funding availability and approves the request in the accounting system, thus generating a purchase order number and document. This document is then sent back to the requesting department. 260 of 279
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C. Once received, the department may send the purchase order to the vendor, thus allowing them to ship the purchase or provide service. The vendor can then invoice against the purchase order number which should be reflected on the invoices.
D. Issuance of the purchase order creates an encumbrance in the budget line item, thus reserving those funds specifically for those purchases identified in the initial requisition. Any remaining encumbrances that have not been spent down at the end of the fiscal year will have the opportunity to be rolled into the following fiscal year if there is sufficient budget, allowing for continued purchases against that purchase order.
E. To close out a purchase order with any remaining funds, once the purchase is complete, the department should send notification to the Finance Department, and they will unencumber the funds to make them available in the budget line item again.
VI. CONTRACTS/AGREEMENTS
The City has seven (7) contract templates. The type of purchase and the level of complexity of the purchase dictates which contract templates to use. However, due to the unique nature of some purchases, the templates may need to be modified to fit the situation. If you are unclear which template to use, contact the City Attorney for guidance before you start drafting. The seven (7) contract templates are:
CONSULTING SERVICE AGREEMENT
This template should be used for purchases of services from non-design professionals. It can also be used for purchases that are a combination of goods and services.
SOFTWARE AS A SERVICE (SAAS) AGREEMENT
This template should be used for purchases of technology-related services where the City obtains the right to access and use software applications hosted, managed, and maintained by a third-party provider and delivered through a network or internet-based platform, together with any related support, maintenance, storage, or cloud-hosting services.
SHORT FORM SERVICE AGREEMENT
This template should be used for purchases of services from non-design professionals or purchases that are a combination of goods and services that are relatively routine, low-risk, or lower-value.
CONSULTING SERVICES AGREEMENT – DESIGN PROFESSIONALS
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This template should be for purchases of services from a design professional, such as a licensed architect, engineer, landscape architect, land surveyor, planner, construction manager, or other design professional for the performance of professional services.
SHORT FORM PURCHASE AGREEMENT
This template should be used for the acquisition of goods, equipment, or other commodities when the purchase is relatively routine, low risk, or below a specified dollar threshold.
MINOR CONSTRUCTION AGREEMENT
This template should be used for procurement of small-scale construction, repair, alteration, maintenance, or improvement projects that do not warrant the complexity of a full public works construction contract.
PUBLIC WORKS AGREEMENT INCLUDING PROJECT SPECIFICATIONS
AND BOND DOCUMENTS
This template should be used for Public Projects in excess of $75,000 where bidding is required.
A. PROCEDURES IF VENDOR WILL NOT ACCEPT TEMPLATE
In some cases, vendors may refuse to enter into an agreement using the City's templates. It is always preferable to use the City's templates.
However, a department may enter into an agreement using a vendor's template, but the City Attorney's Office and the Risk Manager still need to review and approve the non-City template.
B. INSURANCE REQUIREMENTS
Vendors must provide the City with an insurance certificate that demonstrates that the vendor has sufficient insurance to satisfy the City's insurance requirements. The City's insurance requirements can only be waived with the approval of the City's Risk Manager.
1. A few things to look for on insurance certificates:
a. Does the vendor's certificate show evidence of commercial general liability, automobile, worker's compensation and professional liability insurance (if a licensed professional) for the requisite amounts?
b. Does the certificate indicate that coverage under the policies is on an "occurrence basis"?
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c. Does the insurance ce1tificate name "The City of Livingston and its elected and appointed officers, officials, employees, agents, contractors and consultants" as additional insureds? d. Does the insurance certificate indicate whether the vendor has a self- insured retention (SIR)?
e. If the vendor has a SIR, does the certificate indicate that the City can pay the SIR if the vendor refuses or is unable? C. CITY ATTORNEY APPROVAL AS TO FORM
Prior to contract execution, all contracts regardless of amount must be approved by the relevant department head and approved by the City Attorney as to form. In order to approve a contract, the City Attorney must be able to verify that the information contained in the contract is accurate and consistent and the insurance certificate shows that the vendor has obtained all of the required insurance.
D. CONTRACT AGREEMENT APPROVAL FORM (SEE APPENDIX III)
Once the process for obtaining quotes, or bids, informal or formal is complete, the steps outlined in the Contract Agreement Approval form shall be fulfilled accordingly and routed to the appropriate offices for approval.
E. CONTRACT RENEWAL
Contracts for services provided to the City are recommended to be reviewed and renewed every two to three years, including solicitation of new Requests for Proposal. This best practice procedure will ensure the City is continuing to receive favorable pricing and to evaluate if the City's needs for the requested service(s) are being adequately met.
VII. MISCELLANEOUS
A. LOCAL VENDOR
The City of Livingston desires, wherever quality and price are equal, to contract with local qualified vendors to provide goods and services to the City.
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VIII. DEFINITIONS
BIDS
Prices provided from the vendor that are fixed in cost or fixed in the cost per unit.
Bids are required for supplies, materials or services where the department is required to take the lowest cost.
ENCUMBRANCE
Process completed by finance staff to reserve funds for purchase orders.
INFORMAL BIDDING (a.k.a “OPEN MARKET”) PROCEDURE
A transparent procurement process designed to encourage fair and competitive pricing and purchasing of materials, supplies, equipment or services.
NON-PROFESSIONAL SERVICES
Services that are not considered professional services due to lack of official certification, training or formal education which may include, cleaning services, laborers, or other "learn on the job" professions.
PIGGY-BACKING
A form of intergovernmental cooperative purchasing in which an agency requests competitive bids, enters into a contract and arranges as part of that contract, for other public purchasing agencies to purchase from the selected vendor under the same terms and conditions as itself.
PROFESSIONAL SERVICE
Services rendered by members of a recognized profession or those possessing a unique or specialized skill. Such services are generally acquired to obtain information, advice, training, or direct assistance. These include services related to architecture, construction management, construction surveys, material testing, inspection services, appraising, ad campaigns, engineering, environmental, information technology, finance, fine arts, insurance, land surveying, landscape architecture, legal management, and consultants.
PUBLIC PROJECT
A public project is defined by the California Public Contract Code as:
• Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated facility. Painting or repainting of any publicly owned, leased or operated facility. 264 of 279
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• Maintenance is excluded from the definition of a Public Project • All cost elements -- personnel, materials, supplies, subcontracts, equipment and overhead -- associated with a project must be recorded and reported at the project level.
PURCHASE ORDER
A legal document sent to a supplier or vendor, authorizing the purchase and subsequent payment of requisitioned items and is used to communicate the City's terms and conditions and authorizes an encumbrance. It is a contractual agreement to pay for agreed upon goods and services received.
QUOTES (PROPOSAL)
Estimates of the costs of supplies and services from a vendor that are subject to variation based on the scope of requested purchase.
REQUEST FOR PROPOSAL
A solicitation made through a bidding process by the City, in the interest of procuring materials, equipment, supplies and/or services.
REQUISITIONS
An internal request made through the accounting system from a department to the Finance Department that communicates the need to enter into a contractual relationship for delivery of goods and/or services. This process creates the purchase order that is issued to the vendor.
SOLE SOURCE
A purchase made from the only source of supply and/or a purchase that has no advantage that can be gained through competitive bidding. 265 of 279
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APPENDIX I - INFORMAL BID PROCESS
Informal Public Contract Bidding-Public Projects Between $75,001 to $220,000 The City of Livingston has adopted the Uniform Public Construction Cost Accounting Act, Sections 22000 et seq., (Chapter 21 of Title 1), which allows the City to have an informal bid process for public projects valued between $75,001 and $220,000.
A. Create Bidders List
Pursuant to Public Contract Code section 22034, the City may provide notice inviting informal bids by either maintaining a list of qualified contractors identified according to categories of work, by providing notice to the construction trade journals specified pursuant to Public Contract Code section 22036, or by utilizing both methods.
The City elects to maintain a qualified contractors list in accordance with Public Contract Code section 22034 and the criteria established by the California Uniform Construction Cost Accounting Commission. To develop and maintain the list, the Public Works Department shall annually invite licensed contractors to submit information for inclusion on the City's qualified contractors list by category of work for the following calendar year.
B. Send to Trade Journals
In addition, each November the Public Works Department may mail, email, or fax a written notice inviting licensed contractors to be included on the City's qualified contractors list for the following calendar year. The notice must be provided in accordance with the requirements of the California Uniform Construction Cost Accounting Commission and applicable provisions of the Public Contract Code.
The Department may distribute the notice through construction trade journals serving the area in which the City is located, including those trade journals designated by the California Uniform Construction Cost Accounting Commission pursuant to Public Contract Code section 22036, as amended from time to time.
Contractors may be added to the City's qualified contractors list at any time during the year upon submitting the information required by the City and applicable Commission regulations.
The notice shall require contractors to provide their business name, mailing address, telephone number, contractor license number, license classification(s), and the category or categories of work for which they wish to be included on the City's qualified contractors list.
The notice shall require that the contractor provide their name and address to which a notice to contractors or proposal should be mailed, their phone number, the type of work in which the contractor is interested and currently licensed to do, together with the class of the contractor's license held and contractor license number. 266 of 279
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The Public Works Department must revise their bidders list starting January 1st of each year. The Department may include any contractor they so desire, but at a minimum, the list must include contractors that responded to the November list invitation with the required information. It is recommended that contractors who submitted at least one valid bid in the preceding year be included on the list. Contractors may be added to the list at any time by providing Public Works with the required information.
C. Advertising Bids
Not less than 10 calendar days before bids are due, a notice inviting bids shall be mailed or emailed to all contractors on the City's bidder's list for the category of work to be bid and to the trade journals mentioned above. Additional contractors or construction trade journals may be notified at the discretion of the department soliciting bids, provided, however, that (1) if there is no list of qualified contractors for the particular category of work, then the notice shall only be sent to the construction trade journals specified by the Commission; (2) if a product or service is proprietary in nature, such that it can only be obtained from one contractor or contractors, then the notice may be sent exclusively to that one contractor or contractors.
Generally, the bids should include the following information:
General description of the project
Method for how to obtain more detailed information about the project Time and place for submission of bids
Project title and number
Cost range
Location of site
Who is accepting bids (Project Engineer)
Date and time that bids are due
Property owner's address and phone number
Architect's address and phone number
Brief description of work to be done
Where plans may be obtained/deposit required and whether it is or is not refundable.
Percentage of bid bond/percentage of performance bond/percentage of payment bond
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D. Bidder's Security
When deemed necessary, bidder's security may be required for informal public project contract bids between $75,001 and $220,000. See Appendix II(G) for bidder's security requirements.
E. Selection
Opening of bids and selection of the lowest responsible bidder may be done by the department soliciting bids. The City Manager signs all informally bid contracts, regardless of amount, however, contracts $50,001 or more must be brought to the City Council for award.
If the engineer's reasonable estimate is below $220,000, then informal bid procedures may be used. If it turns out that all bids received exceed $220,000, then the City Council may award the contract (with four-fifths vote) up to $235,000 to the lowest responsible bidder.
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APPENDIX II-FORMAL BID PROCEDURES
Formal Contract Bidding-Public Projects Over $220,000
1) City Council Authorization to Advertise-For public projects over $220,000, the City Council adopts the plans and specifications and authorizes advertising of the bid. The department prepares a staff report to the City Council recommending this action by resolution. The department should also make sure that there is sufficient budget for the estimated contract cost and make plans for obtaining funding for any shortfall. A budget amendment, if necessary, can be done at this time or when the City Council awards the contract.
2) Specifications-The department requesting the work shall prepare the bid specifications.
a. Quality-In considering and development specifications, it must always be borne in mind that expenditures derived from public sources and administered by public bodies cannot be expected to provide for "deluxe" or luxurious levels of quality. It is, therefore, necessary to follow a general policy of purchasing standard grades of merchandise that represent an optimum relationship between quality and price.
b. Adequacy-Bids and quotations must be based on adequate specifications.
A lengthy specification composed or designed solely for the purpose of eliminating competition other than those able to supply a particular brandname commodity should be avoided. An actual brand name should be used only when no other of its kind would be equally satisfactory.
Specifications should be detailed so as to afford a basis for full and fair competitive bidding upon a common standard, and they should be free from restrictions that would tend to stifle competition. c. Changes-Once an invitation to bid has been mailed, no changes in the specifications can be made unless all prospective bidders are so notified by means of an amendment. This amendment shall be forwarded to the bidders via ebidboard.com, email, or certified mail with return receipt requested. The return receipt request is proof of notification and will be filed with the bid. Amendment may be sent via facsimile machine when time does not permit mailing.
3) Notice Inviting Bids-The department requesting the work shall prepare a notice inviting bids. Such notice shall include the following information:
a. A general description of the project;
b. Where bid blanks and specifications may be secured; and c. The time and place for receiving and opening sealed bids
In order to facilitate the bid process, the department requesting the work shall also:
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Determine a bid number
Establish the date for bid openings to be included in the notice inviting bids
Reserve a room for the date of bid openings, either: (a) City Hall Conference Room, or (b) Council Chambers
4) Advertise in Newspaper-The department requesting the work shall advertise the bid in at least one newspaper of general circulation, printed and published in the City. Usual publications are Merced County Times and the Merced Sunstar. San Jose Mercury News and Fresno Bee may be used for very large jobs:
a. This notice inviting bids shall be published at least 14 calendar days before the date of opening of the bids;
b. Letter listing advertising dates of bid and a copy of the Notice Inviting Bids will be forwarded to the newspaper for advertising. This letter will be acknowledged by signature of newspaper agent and returned to the Engineering Division where it will be filed in the corresponding Bid folder. 5) Advertise to Bidder's List /Trade Journals/City's Website - 30 days before bid opening, the department requesting the work shall mail and email invitations to bid to the contractors on the City's bidder's list and shall mail and email invitations to bid to the construction trade journals listed under the Appendix I (A) "Informal Contract Bidding - Create Bidders List" section above. It is recommended that ebidboard.com be used for advertising all bids. Engineering Division can assist to publish bids on ebidboard.com.
As stated in Section (C) above, the invitations to bid should include a general description of the project, where bid blanks and specifications may be secured, and the time and place for receiving and opening sealed bids. In addition, the invitation to bid should also include the information suggested in Appendix I (B) (project title and number, cost range, location, etc.). The invitation to bid shall also be posted on the City's website or other website used forbidding on public projects. Interested contractors would then contact Engineering Division to get official bid packets. 6) Fee - The department requesting work will notify the Engineering Division of the fee to be charged to recipients of bid packets along with the revenue account number to credit.
7) Bidder's Security - Bidder's security is required for formal public project bids above $220,000. When deemed necessary, bidder's security may be required for informal public project contract bids between $75,001 and $220,000. Bidder's security requirements should be included in the notice of invitation to bid advertised in any newspaper or submitted to any trade journal or sent to contractors on the City's bidder's list.
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a. Form - Bidder's Security shall be in the form of a bid bond (signed by bidder and admitted surety insurer), cashier's check, certified check or cash. A personal check is not acceptable. A bid shall not be considered unless one of the forms of bidder's security is enclosed with it. b. Amount - Bidder's Security shall be in the amount of not less than ten percent of the bid amount.
c. Return - Engineering Division shall retain the Bidder's Security of the three lowest bidders until a contract has been entered into between the City and the successful bidder. The department requesting the work will immediately prepare purchase requisition for the contract (with signed copy of contract forwarded to Finance Department via a purchase order requisition), from which the Engineering Division may return the successful Bidder's Security. The Bidder's Security shall be forfeited if the successful bidder fails to execute the contract within ten days after the notice of award of contract has been mailed, unless the City is responsible for the delay. Upon refusal or failure of successful bidder to execute the contract, the City Council may award the bid to the next lowest responsible bidder. The amount of the lowest Bidder's Security shall be applied to the difference between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. 8) Bid Opening - Sealed bids shall be received by the department identified in the invitation for bids and shall be identified as bids on the envelope. Bids shall be opened at the time and place stated in the public notice.
9) Public Inquiry - The project manager is responsible for responding to public inquiries regarding general bid information ( e.g. telephone calls regarding bid information submitted or copies requested) and the project manager shall receive technical project inquiries. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.
10) Award of Bid - The department requesting the work will recalculate the bid and examine the package of the apparent lowest bidder. City Council must award the contract to the lowest responsible bidder. Sufficient budget appropriation must exist for the contract. In its discretion, the City Council may reject any and all bids presented and re-advertise for bids.
a. City Council Award-The department requesting the work writes the staff report and drafts a Resolution awarding the contract, then submits the documents to the City Attorney for review. The staff report should include the award amount, a listing of all bids received, a cost summary of project phases and the project budget. If there is insufficient budget for the award, include language in the Resolution to amend the budget. 271 of 279
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b. Contract - After Council approval, the department requesting the work will submit three original contracts (signed by vendor), performance bonds, and proof of insurance (if required) to the City Attorney. The City Attorney will review the contract and if complete, will forward the contract to City Manager for signature (see the Contract Routing Form contained Appendix IV). The final signature is by the City Clerk. Originals are given to the vendor, City Clerk, and the department requesting the work. A copy of the contract should be scanned into Laserfiche and attached to the Purchase Order in the Eden financial system.
11) No Bids - If no bids are received, the City Council may award the project by negotiated contract.
12) Tie Bids - If two or more bids are for the same amount or unit price, quality and service being equal, and if the public interest will not permit delay of re-advertising for bids, the City Council may choose which bid to accept, may accept the lowest bid made by negotiation with the tie bidders, or may use a public drawing. 13) Performance Bond - A performance bond may be required before entering a contract.
If required, the form and amount of the performance bond must be described in the notice inviting bids.
14) Rejection of Bids - No bid will be accepted for consideration:
a. If it is received after the time and date specified in the invitation or proposal to bid unless the delay is due to mishandling on the part of a City employee.
Upon receipt of any late bid before or after an award, the bid shall be returned unopened to the bidder (by certified mail). However, a late bid may be opened for identification purposes.
b. If the bid does not contain the bidder's security as requested in the notice and invitation to bid. The bidder's security must be received prior to the time of the opening specified in the notice and invitation to bid. Bids may be rejected if they contain uncalled for items, omissions, and/or irregularities of any kind ( except arithmetic errors).
15) Bid Cutoff Date - All bids (except capital improvement projects) should be opened by May 30 of the fiscal year. This will allow time for contract negotiations and award of bid prior to the fiscal year end cutoff for purchase orders. 272 of 279
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APPENDIX VI - QUICK STEPS TO PURCHASING
Quick Steps to Purchasing Services, Supplies and Equipment on Behalf of the City
1. Step 1: Determine What Kind of Purchase
a. Is it a "public project"?
b. Is it a purchase of supplies?
c. Is it a purchase of services?
d. What kind of service? professional service? design service?
2. Step 2. Choose a Vendor-Depending on the type of purchase and the value of the contract, bidding or open market procedures may be required to choose a vendor. a. Public Projects
i. Public Projects $75,000 or less do not require bidding ii. Public Projects between $75,001-$220,000 require informal bidding iii. Public Projects over $220,000 require formal bidding b. Purchase of Supplies
i. Contracts for the Purchases of Supplies $5,000 or less do not require competitive bidding.
ii. Contracts for the Purchases of Supplies $5,001 to $50,000 require informal bidding procedures.
c. Purchase of Services
i. Contracts for the Purchases of Services $5,000 or less do not require competitive bidding.
ii. Contracts for the Purchases of Services $5,001 to $50,000 require informal bidding procedures.
iii. When selecting a contractor for professional, personal or specialized services, the skill, ability and expertise of the entity or person performing the services is a key component of the selection criteria. The selection should therefore be on the basis of demonstrated competence, overall value to the City, and on the professional qualifications necessary for the satisfactory 273 of 279
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performance of the services required. Cost is only one factor in determining selection (LMC § 1-11-9).
3. Step 3. Prepare a Contract a. Choose a City contract template. The 7 contract templates are:
i. Consulting Services Agreement
ii. Short Form Services Agreement
iii. Consulting Services Agreement-Design Professionals iv. Short Form Purchase Agreement
v. Minor Construction Agreement
vi. Public Works Agreement including Project Specifications and Bond Documents
vii. Software as a Service Agreement
4. Step 4. Obtaining Proper City Approval
a. All Contracts Must Be Approved by City Attorney as to Form b. Public Project Contracts
Public Projects $50,000 and under may be approved by the City Manager
Public Projects over $50,000 must be approved by the City Council.
Attach the City Council resolution approving/authorizing the contract to the packet before circulating the packet for approval signatures.
c. Purchase of Goods/Services Contracts
Contracts for the purchase of goods/services $5,000 or less may be approved by the Department Head.
Contracts for the purchase of goods/services between $5,001- $50,000 may be approved by the City Manager.
Contracts for the purchase of goods/services over $50,000 must be approved by the City Council. Attach the City Council resolution approving/authorizing the contract to the packet before circulating the packet for approval signatures.
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APPENDIX VII – SOLE SOURCE JUSTIFICATION
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Sole Source Justification
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE Contact Purchasing and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.
Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $5,000)
Requested Sole Source Supplier:
Company Name: Contact Name:
Address:
City: State: Zip Code:
Phone Number ( ) E-Mail
Duration of Contract:
Estimated Cost: $ Funding Source (Account String)
Is the product/service IT related? Yes No If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes No
For Product: Does the manufacturer sell the item(s) through distributors? Yes No Description of Product or Service:
Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.
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Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):
The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).
The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).
Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.
A specific item is needed:
To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.
Continuation of prior Work – Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence. (if additional space is needed, include them in a separate page) 278 of 279
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I acknowledge the City’s requirements for soliciting competitive quotes/bids for purchases over $5,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.
Department:
Requester Name and Title:
Note: Requester must be able to defend this justification.
Date: Phone:
Department Director (Print) (Sign) Date:
Submit completed form to the Purchasing Division (Prior to submission to City Manager)
City Manager
APPROVED: DATE: / /
NOT APPROVED: COMMENTS:
City Manager City Clerk Attesting to Council Approval
(Up to $50,000.00) (Over $50,000.00) (Copy of Minutes may be substituted) Note: Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by City Manager, PRIOR to Council Approval.
PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, Purchasing adheres to and is governed by the principles set forth in City of Livingston Municipal Code Section 1-11-4 (A), Sole Source Procurement.
If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form. Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.
Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit. The City’s requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.
The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.
1. Personal preference for product or vendor.
2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).
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