Agenda packet — Livingston City Council, September 15, 2026 (part 1 of 2)

1 CITY COUNCIL SPECIAL AND REGULAR

MEETING AGENDA
SEPTEMBER 15, 2026
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.

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

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

ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Special and Regular Meeting at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter. You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes).

Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).

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2 SPECIAL MEETING

1. Call to Order

2. Roll Call

3. Pledge of Allegiance.

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

5. Citizen Comments

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

6. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator:

Jose Antonio Ramirez, City Manager
Employee Organizations: OE3- Clerical Bargaining Unit
Police Supervisory Employees Association
Livingston Police Officer Association

7. Conference with Labor Negotiators
Agency Designated Representatives: City Attorney
Unrepresented Employee: City Manager
Pursuant to Government Code section 54957.6

REGULAR MEETING

CALL TO ORDER
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcement

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3 Changes to the Agenda.

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

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

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.

City Manager Announcements and Reports.

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

AWARDS, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Mayor Moran: Proclamation Recognizing Sister Cities Day.

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

2. Ratify Warrants Register Dated September 4, 2026.

3. Approval of Minutes of Meeting Held on August 18, 2026.

4. Approval of Minutes of Meeting Held on August 25, 2026.

5. Approval of Minutes of Meeting Held on August 26, 2026.

6. Approval of Minutes of Meeting Held on September 1, 2026.

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4 7. Consideration of Adopting a Resolution Amending The City’s Conflict Of Interest Code And Accepting The 2026 Local Agency Biennial Notice.

8. Second Reading and Adoption of An Ordinance 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.

9. Consideration of Adopting a Resolution Authorizing The City Manager To Execute A Three-Year Service Agreement With TrueComp For Labor Costing Software.

PUBLIC HEARING

10. Introduce and Waive First Reading of Ordinance Amending Livingston Municipal Code Chapter 1-11 To Establish Updated Procurement and Contract Execution Policies and Procedures.

11. Consideration of Adopting a Resolution Adopting The Initial Study/Mitigated Negative Declaration And A Mitigation Monitoring Program Prepared In Compliance With CEQA, And Approving General Plan Amendment (GPA 2022-01) Re-Designating Five Properties Located At APN: 024-153-003; 641 Sixth Street (APN: 024-153-011); 1822 C Street (APN: 024-154-005); 1736 C Street (APN: 024-153-004); And 1801 D Street (APN: 024-154-004) From Li, Limited Industrial To PF, Public Facility To Allow For The Development Of A City Recreation Complex (Rec-Plex) and Introduce and Waive First Reading of Ordinance Approving RZN 2022-01 To Amend The Official Zoning Map Of The City Of Livingston To Rezone 4.58-Acre Of The Five Parcels Located Between Sixth Street And The Southern Pacific Railroad Tracks And South Of C Street, East Of Sixth Street From M-1 (Limited Industrial) To P-F (Public Or Quasi Public Facilities) Consisting Of Assessor Parcel Numbers 024-153-003, 024-153-004, 024-153-011, 024-154-004 And 024-154-005.

DISCUSSION AND POTENTIAL ACTION ITEMS

12. Review and Discussion of Willdan Utility Rate Study and Status of City’s Water, Wastewater and Sanitation Infrastructure.

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

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

Jason Roth
• Merced County Local Agency Formation Commission (LAFCO) Jason Roth,

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

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

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

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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT

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STAFF REPORT
1 AGENDA ITEM: Warrant Register September 4

MEETING DATE: September 15, 2026

PREPARED BY: Consuelo Moreno, Account Clerk
REVIEWED BY: Happy Bains, Finance Director
RECOMMENDATION:

Ratify the warrant register dated September 4, 2026
DISCUSSION:

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

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

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

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

August 22nd, 2026 –September 4th, 2026

CHECKS #
NET PAYROLL……………………...........…. $ 161,786.80 4284-4297 GENERAL WARRANTS……………………. $ 1,057,140.55 16582-16631
ACH WARRANTS…………………………….$ N/A
PAYROLL WARRANTS…………..….…...…$ 147,863.79

TOTAL WARRANTS………………………… $ 1,366,791.14
ATTACHMENTS:

Warrant Register (detailed by date and check number)

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User:

Printed:

Billing Frequency
Monthly
Monthly
Monthly
Non-recurring
Monthly
Monthly
16627 1150 Valley 29 Electric, LLC 08/28/2026 4,549.53
16628 277 Valley Farm Supply Stores, Inc. 08/28/2026 67.36 16625 625 United Rentals 08/28/2026 342.97
16626 366 USABlueBook 08/28/2026 195.97
16623 UB*02190 TRACTORKING LLC 08/28/2026 745.15
16624 1175 UBEO West, LLC 08/28/2026 612.20
16621 1879 Navleen Tiwana 08/28/2026 324.00
16622 310 Totlcom, Inc. 08/28/2026 427.71
16619 1730 SwiftComply US OpCo, Inc. 08/28/2026 3,960.00 16620 1829 Synergy Site Services Inc. 08/28/2026 69.00
16617 307 Shred-It, C/O Stericycle, Inc. 08/28/2026 369.26 16618 1284 State of California 08/28/2026 65.08
16615 408 Sapien Family Trust 08/28/2026 1,000.00
16616 739 Self- Help Enterprises 08/28/2026 241.73
16613 1828 PG&E Nuclear Deco Charges 08/28/2026 50.79
16614 1330 James D Sanders 08/28/2026 550.00
16611 201 O'reilly Automotive, Inc. 08/28/2026 823.26
16612 203 PG&E 08/28/2026 13,168.66
16609 199 Northstar Chemical 08/28/2026 8,736.44
16610 302 Office Depot, Inc./ODP Business Solutions, LLC08/28/2026 131.01 16607 2 Angelita Moran 08/28/2026 297.00
16608 197 N & S Tractor 08/28/2026 245.13
16605 180 Mission Linen Service 08/28/2026 1,001.60
16606 1818 Moore Twinning Associates, Inc. 08/28/2026 3,365.00 16603 278 Merced Irrigation District 08/28/2026 63,732.39 16604 389 Mid Valley IT 08/28/2026 5,158.63
16601 615 McClatchy Company LLC 08/28/2026 1,656.79
16602 362 Merced County Animal Control 08/28/2026 3,475.00 16599 276 Livingston True Value Hardware, Inc. 08/28/2026 363.87 16600 1170 Martin Marietta Materials, Inc. 08/28/2026 464.59 16597 165 J L Analytical Services, Inc. 08/28/2026 289.00 16598 1130 Kellogg Supply 08/28/2026 29.22
16595 501 Hunt & Sons, LLC 08/28/2026 3,120.61
16596 1726 International Tele-Path 08/28/2026 427,408.30 16593 356 Gouveia Engineering, Inc. 08/28/2026 31,280.97 16594 267 Hoffman Security 08/28/2026 608.90
16591 641 Ferguson Enterprises LCC #686 08/28/2026 242.22 16592 1479 Ferguson Waterworks #2777 08/28/2026 6,396.69 16589 787 Custom Weed Control Inc. 08/28/2026 400.00
16590 1465 Equipment Specialty PROS 08/28/2026 655.08
16587 1889 Jaime Cobarrubias 08/28/2026 15.00
16588 1308 CSG Consultants, Inc. 08/28/2026 21,997.00
16585 1787 Burke,Williams & Sorensen, LLP 08/28/2026 56,955.20 16586 393 California State Disbursement Unit 08/28/2026 1,159.37 16583 251 ABS Direct, Inc. 08/28/2026 122.41
16584 1307 Amazon Capital Services 08/28/2026 90.92
Check Date Check Amount
16582 1883 AA California Portables 08/28/2026 2,881.88
Accounts Payable
Checks by Date - Summary by Check Date
[email protected]
9/8/2026 10:18 AM
Check No Vendor No Vendor Name

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Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Dependent upon scope of work
Monthly
Monthly
16667 265 Resourceability 09/04/2026 2,990.93
16668 598 Standard Insurance Company RB 09/04/2026 2,868.46 16665 201 O'reilly Automotive, Inc. 09/04/2026 219.60
16666 1735 BlueTriton Brands, Inc Primo Brands 09/04/2026 649.70 16663 437 Operating Engineers Local 3 09/04/2026 477.00 16664 438 Operating Engineers Local Union No.3 09/04/2026 720.00 16661 949 Nova Heating and Air Conditioning 09/04/2026 185.00 16662 302 Office Depot, Inc./ODP Business Solutions, LLC09/04/2026 13.04 16659 395 Navia Benefit Solutions 09/04/2026 150.00
16660 199 Northstar Chemical 09/04/2026 1,514.12
16657 524 Merced Chevrolet 09/04/2026 70.45
16658 170 MintierHarnish Planning Consulants 09/04/2026 3,782.75 16655 276 Livingston True Value Hardware, Inc. 09/04/2026 98.21 16656 1170 Martin Marietta Materials, Inc. 09/04/2026 812.29 16653 675 Lance, Soll & Lunghard, LLP 09/04/2026 5,187.50 16654 612 Livingston Peace Officers Association 09/04/2026 1,570.00 16651 786 J.B, Anderson Land Use Planning 09/04/2026 39,052.90 16652 1130 Kellogg Supply 09/04/2026 711.09
16649 388 Interstate Battery System of Fresno 09/04/2026 2.00 16650 165 J L Analytical Services, Inc. 09/04/2026 25.16 16647 266 Hilmar Lumber 09/04/2026 120.44
16648 501 Hunt & Sons, LLC 09/04/2026 4,525.04
16645 685 Global Equipment Company, Inc. 09/04/2026 6,931.06 16646 356 Gouveia Engineering, Inc. 09/04/2026 75,298.96 16643 1856 Dannis Woliver Kelley 09/04/2026 2,184.00
16644 164 Garza Tire & Wheel, Inc 09/04/2026 800.90
16641 418 Central Valley Concrete 09/04/2026 1,729.13
16642 447 Conco West, Inc 09/04/2026 194,380.41
16639 446 Belkorp Ag, LLC 09/04/2026 164.12
16640 546 Bogie's Pump Systems 09/04/2026 6,491.97
16637 397 American Fidelity Assurance Company 09/04/2026 1,295.78 16638 1810 Amerine Systems Inc. 09/04/2026 3,520.94
16635 1307 Amazon Capital Services 09/04/2026 312.02
16636 396 American Fidelity Assurance 09/04/2026 3,239.17 16633 434 AFSCME District Council 57 09/04/2026 863.94
16634 747 All Star Elite Sports 09/04/2026 5,530.04
Total for 9/3/2026: 74,791.92
16632 1754 5 E's Enterprises, LLC. 09/04/2026 495.00
Total for 9/2/2026: 73,071.87
1000522 PERS Public Employ Retire System 09/03/2026 74,791.92 1000520 SIT State Tax Payments 09/02/2026 8,761.42
1000521 VALIC Variable Annunity Life Ins. 09/02/2026 1,620.00 1000518 PERS Public Employ Retire System 09/02/2026 35,634.85 1000519 PTS PTS - Part Time Seasonal 457 Plan 09/02/2026 467.26 1000516 FIT Federal Tax Payments 09/02/2026 24,753.50
1000517 NBS1 National Benefit Services - AltaMont St Clair 09/02/2026 1,834.84 16631 597 Work Wellness 08/28/2026 360.00
Total for 8/28/2026: 676,799.93
16629 UB*02191 VARO-REAL INVESTMENT 08/28/2026 285.43
16630 210 WGR Southwest, Inc. 08/28/2026 6,311.61

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Monthly
Total for 9/4/2026: 380,340.62
Report Total (102 checks): 1,205,004.34
AP Checks by Date - Summary by Check Date (9/8/2026 10:18 AM) Page 3 16675 277 Valley Farm Supply Stores, Inc. 09/04/2026 127.96 16676 608 Vision Service Plan- CA 09/04/2026 457.50
16673 625 United Rentals 09/04/2026 307.77
16674 314 Valley Coffee & Water 09/04/2026 36.75
16671 1834 Team Topia, Inc. 09/04/2026 125.40
16672 564 Texas Life Insurance 09/04/2026 496.94
16669 1606 SVA Architects, Inc. 09/04/2026 9,200.00
16670 1829 Synergy Site Services Inc. 09/04/2026 605.18

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MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
AUGUST 18, 2026
A Special and Regular Meeting of the Livingston City Council was held on August 18, 2026, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:02 p.m.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Singh Uppal
Council Member Jason Roth (Absent)
Council Member Robert Wallis
City Attorney Mar Tran noted that Council Member Roth was out due to medical reasons.

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

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

CLOSED SESSION

6. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator:

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Jose Antonio Ramirez, City Manager
Employee Organizations: OE3- Clerical Bargaining Unit
Police Supervisory Employees Association
Livingston Police Officer Association

7. Conference with Legal Counsel - Potential Initiation of Litigation pursuant to Government Code § 54956.9(d)(4) – 1 Matter

REGULAR MEETING
Mayor Moran called the meeting to order at 7:02 p.m.

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

CLOSED SESSION ANNOUNCEMENT
No reportable action was taken.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened citizen comments at 7:04 p.m. and closed citizen comments at 7:05 p.m., as there were no comments from the public.

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

No report.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.

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• Miguel Galvez, Contract City Planner
City Manager Announcements and Reports.
• Jose A. Ramierz, City Manager

Council Member Wallis noted a conflict of interest with item 14.

Council Member Uppal noted that he lives within 1,000 ft of the parcel being discussed on item 14.

However, since he has no ownership or interest in any property, he has no conflicts.

Council Member Samra noted a conflict of interest with items 12 and 13.

Mayor Moran noted a conflict of interest with items 12,13, and 15.

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

1. Ratify Warrants Register Dated August 7, 2026.

2. Approval of Minutes of Meeting Held on July 29, 2026.

3. Approval of Minutes of Meeting Held on August 4, 2026.

4. City Treasurer’s Investment Report for the Month Ending July 31, 2026.

5. Consideration of Adopting a Resolution Approving The Repair And Engine Block Replacement Of Public Works Operations Truck #18-26 (1) Approving An Amendment To Purchase Order No. 2205, Increasing The Amount From $8,431.80 To $15,000.00 For Smith Chevrolet Cadillac, And Authorize A 10% Contingency For A Total Amount Not To Exceed $16,500.00, (2) Waive Formal Bidding Requirements As Outlined In Section 1-11-6 And (3) Authorizing The City Manager To Execute All Required Documents (4/5 Vote Required).

6. Consideration of Adopting a Resolution Approving An Agreement With All About Play For The Purchase Of Playground Equipment For Max Foster Park, Including Two Larger Shade Structures, For $140,423.68; Authorizing The Finance Department To Make A Supplemental Appropriation In The Amount Of $140,423.68; And Authorizing The City Manager To Execute The Purchase Agreement And All Required Documents.

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7. Consideration Of Adopting A Resolution (1) Approving A One-Year Professional Service Agreement With WGR Southwest, Inc. For Fiscal Year 2026/2027 To Assist The City Of Livingston With Its Storm Water Compliance Program And Plan Review Services In The Amount Not To Exceed $50,000.00 And (2) Authorizing The City Manager To Execute All Required Documents.

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

Motion: M/S Samra/Wallis to approve the consent agenda. The motion carried 4-0-1 by the following roll call vote:

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

PUBLIC HEARING

8. Consideration of Adopting a Resolution Adopting the 2025 Urban Water Management Plan and Resolution Adopting the 2025 Water Shortage Contingency Plan.

Alfonso Manrique and Maria from the Engineering Office introduced this item.

Mayor opened and closed public comments at 7:31 p.m., as there were comments from the public.

Motion: M/S Wallis/Samra approve Resolution Adopting the 2025 Urban Water Management Plan and Resolution Adopting the 2025 Water Shortage Contingency Plan with the amendment to change the water days from three days a week to two days a week in the water shortage continuing plan. The motion carried 4-0-1 by the following roll call vote:

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

9. Consideration of a Resolution to Approve General Plan Amendment 2025-02, ReDesignating Property 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); and Introducing and Waiving First Reading of An Ordinance 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).

Contract City Planner Miguel Galvez introduced this item.

Mayor Moran opened and closed the public hearing at 7:52 pm, as there were no comments from the public.

Motion: M/S Wallis/Uppal to approve Resolution to Approve General Plan Amendment 2025-02, Re-Designating Property 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). The motion carried 4-0-1 by the following roll call vote:

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AYES: Council Members: Uppal, Samra, Wallis, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth
Motion: M/S Uppal/Wallis to approve the Introduction and Waiving of First Reading of An Ordinance 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). The motion carried 4-0-1 by the following roll call vote:

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

10. Consideration of a Resolution to Approve General Plan Amendment 2025-03, Re-Designating a

5.62 Acre Parcel Located on 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); and Introducing and Waiving First Reading of An Ordinance Amending The Official Zoning Map Of The City Of Livingston To Rezone A 5.62-Acre Parcel Located On 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).

Contract City Planner Miguel Galvez introduced this item.

Mayor Moran opened and closed the public hearing at 7:56 pm, as there were no comments from the public.

Motion: M/S- Uppal/Samra to approve Resolution to Approve General Plan Amendment 2025- 03, Re-Designating a 5.62 Acre Parcel Located on 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); and Introducing and Waiving First Reading of An Ordinance Amending The Official Zoning Map Of The City Of Livingston To Rezone A 5.62-Acre Parcel Located On 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). The motion carried 4- 0-1 by the following roll call vote:

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

11. Consideration of a Resolution to Approve General Plan Amendment 2025-04, Re-Designating A 15-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); and Introducing and Waiving First Reading of An Ordinance Amending The Official Zoning Map Of The City Of Livingston To Rezone A 15-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).

Contract City Planner Miguel Galvez introduced this item.

Mayor Moran opened and closed the public hearing at 7:59 pm, as there were no comments from the public.

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Motion: M/S Uppal/Samra to approve Resolution to Approve General Plan Amendment 2025-04, Re-Designating A 15-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); and Introducing and Waiving First Reading of An Ordinance Amending The Official Zoning Map Of The City Of Livingston To Rezone A 15-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). The motion carried 4-0-1 by the following roll call vote:

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

12. Consideration of a Resolution to Approve General Plan Amendment 2025-05, Re-Designating 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); and Introducing and Waiving First Reading of An Ordinance 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).

Contract City Planner Miguel Galvez introduced this item.

City Attorney Tran noted that the Mayor has a property interest within 500 feet of the subject site.

Mayor Pro-Tem has a property interest within 1,000 feet of the subject site. This leaves two nonconflicted members in attendance. To establish quorum and move forward, they will invoke the role of necessity and use a random selection process to allow an additional councilmember to participate. Pursuant to the rule of necessity, whichever councilmember is chosen will participate in agenda item 12 as well as in all related matters until participation is no longer legally required.

When the item is brought back for a second reading of the proposed ordinance, the same council members will participate.

One card will be drawn by each of the council members who have a conflict. The one with the high card will participate, and the low-card holder will recuse themselves. If there is a tie, the council members will draw a card again.

Rule of Necessity – Mayor pulled a high card, and Mayor Pro-Tem pulled a low card.

Clerk Notes: Mayor Pro-Tem Gurpal left the Council Chambers at 8:04 pm before the item was heard and returned at 8:10 pm after the item was heard.

Contract City Planner Miguel Galvez introduced this item.

Mayor Moran opened and closed public comments at 8:05 pm, as there were no comments from the public.

Motion: M/S Wallis/Uppal to approve Resolution to Approve General Plan Amendment 2025-05, Re-Designating A 6.80-Acre Parcel Located At 1018 Peach Avenue (APN 047-310-019) From R1 (Low Density Residential) To R-3 (High Density Residential); and Introducing and Waiving First Reading of An Ordinance 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). The motion carried 3-0-1-1 by the following roll call vote:

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

13. Consideration of a Resolution to Approve General Plan Amendment 2025-06, ReDesignating A 3-Acre Parcel Located At 1154 Peach Avenue (APN 047-310-020) From R1 (Low Density Residential) To R-3 (High Density Residential); and Introducing and Waiving First Reading of An Ordinance Amending The Official Zoning Map Of The City Of Livingston To Rezone A 3.0-Acre Parcel 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).

City Attorney Tran noted that the Mayor has a property interest within 1,000 feet of the subject site. Mayor Pro-Tem has a property interest within 1,000 feet of the subject site. This leaves two non-conflicted members in attendance. To establish quorum and move forward, they will invoke the role of necessity in using a random selection process to allow an additional councilmember to participate.

Rule of Necessity – Mayor pulled the high card, and Mayor Pro-Tem pulled the low card.

Clerk Notes: Mayor Pro-Tem Samra left the Council Chambers at 8:10 pm before the item was heard and returned at 8:12 pm after the item was heard.

Contract City Planner Miguel Galvez introduced this item.

Mayor Moran opened and closed public comments at 8:10 pm, as there were no comments from the public.

Motion: M/S Uppal/Wallis to approve Resolution to Approve General Plan Amendment 2025-06, Re-Designating A 3-Acre Parcel Located At 1154 Peach Avenue (APN 047-310-020) From R-1 (Low Density Residential) To R-3 (High Density Residential); and Introducing and Waiving First Reading of An Ordinance Amending The Official Zoning Map Of The City Of Livingston To Rezone A 3.0-Acre Parcel 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). The motion carried 3-0-1-1 by the following roll call vote:

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

14. Consideration of a Resolution to Approve General Plan Amendment 2025-07, Re-Designating A

16.8-Acre Parcel of Property Located On The West Side Of Winton Parkway, North Of Peach Avenue (APN 022-050-009) From R-1 (Low Density Residential) To R-3 (High Density Residential); and Introducing and Waiving First Reading of An Ordinance Amending The Official Zoning Map Of The City Of Livingston Of A 16.8-Acre Parcel Of Property Located On The West Side Of Winton Parkway, North Of Peach Avenue (APN 022-050-009) From R-1 (Low Density Residential) To R-3 (High Density Residential) (Rezone No. Rez 2025-07).

City Attorney Tran noted that Council Member Wallis recused himself.

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Clerk Notes: Council Member Wallis left the Council Chambers at 8:12 pm before the item was heard and returned at 8:16 pm after the item was heard.

Contract City Planner Miguel Galvez introduced this item.

Mayor Moran opened and closed public comments at 8:14 pm, as there were no comments from the public.

Motion: M/S Uppal/Samra to approve Resolution to Approve General Plan Amendment 2025-07, Re-Designating A 16.8-Acre Parcel of Property Located On The West Side Of Winton Parkway, North Of Peach Avenue (APN 022-050-009) From R-1 (Low Density Residential) To R-3 (High Density Residential); and Introducing and Waiving First Reading of An Ordinance Amending The Official Zoning Map Of The City Of Livingston Of A 16.8-Acre Parcel Of Property Located On The West Side Of Winton Parkway, North Of Peach Avenue (APN 022-050-009) From R-1 (Low Density Residential) To R-3 (High Density Residential) (Rezone No. Rez 2025-07). The motion carried 3-0-1-1 by the following roll call vote:

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

15. Consideration of Adopting a Resolution Approving General Plan Amendment 2024-02 Replacing The Existing Housing Element With The Final 2024-2032 (6th Cycle) Multi-Jurisdictional Housing Element, Including Revisions Made In Response To California Department Of Housing And Community Development Comments, And Directing Staff To Submit The Adopted Housing Element To The State Of California Housing And Community Development Department.

City Attorney Tran noted that Mayor Moran and Mayor Pro-Tem have conflicts with items 12 and 13, and Council Member Wallis has a conflict with item 14. This leaves one non-conflicted member in attendance. To establish quorum and move forward, they will invoke the role of necessity and use a random selection process to allow two additional council members to participate.

One card will be drawn by each of the council members who have a conflict. The two members with the highest cards will participate, and the low-card holder will recuse themselves.

Rule of Necessity- Council Member Wallis and Mayor Pro-Tem Samra pulled the high cards, and Mayor Moran pulled the low card.

Clerk Notes: Mayor Moran left the Council Chambers at 8:20 pm before the item was heard and returned at 8:41 pm after the item was heard.

Contract City Planner Miguel Galvez introduced this item.

Acting Mayor Samra opened and closed public comment at 8:40 pm, as there were no comments from the public.

Motion: M/S Uppal/Wallis to approve Resolution Approving General Plan Amendment 2024- 02 Replacing The Existing Housing Element With The Final 2024-2032 (6th Cycle) MultiJurisdictional Housing Element, Including Revisions Made In Response To California Department Of Housing And Community Development Comments, And Directing Staff To

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Submit The Adopted Housing Element To The State Of California Housing And Community Development Department. The motion carried 3-0-1-1 by the following roll call vote:

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

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

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

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

Jose Moran

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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
• An item regarding Planning Commission recruitment.
• Discussion on feasibility of parks.
• Discussion on when the council chambers can be used by the Council Members during the weekend.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 8:50 p.m. __________________________________
Deputy City Clerk of the City of Livingston
APPROVED:
_____________________________
Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
AUGUST 25, 2026
A Special Meeting of the Livingston City Council was held on August 25, 2026, in the Council of Chambers, with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 10:03 a.m.

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

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

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Acting Mayor Samra opened and closed Citizen Comments at 10:05 a.m., as there were no comments from the public.

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None.

CLOSED SESSION

1. Public Employee Discipline/Dismissal/Release (Gov. Code § 54957(b)). “This matter is set for August 25, 2026. If the hearing is not concluded, the Council will continue it to August 26, 2026, at the City Council Chambers. The continued session may be announced by order of continuance at the meeting.”

CLOSED SESSION ANNOUNCEMENTS
Meeting will continue until August 26, 2026.

ADJOURNMENT
The special meeting was adjourned by consensus at 3:08 p.m. ____________________________________
Deputy City Clerk of the City of Livingston
APPROVED:
___________________________
Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.

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MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL
AUGUST 26, 2026
A Special Meeting of the Livingston City Council was held on August 26, 2026, in the Council of Chambers, with Mayor Moran presiding.

CALL TO ORDER
Mayor Moran called the meeting to order at 10:34 a.m.

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

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

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Acting Mayor Samra opened and closed Citizen Comments at 10:35 a.m., as there were no comments from the public.

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None.

CLOSED SESSION

CLOSED SESSION ANNOUNCEMENTS
There was no reportable action.

ADJOURNMENT
The special meeting was adjourned by consensus at 3:30 p.m. ____________________________________
Deputy City Clerk of the City of Livingston
APPROVED:
___________________________
Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.

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MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
SEPTEMBER 1, 2026
A Special and Regular Meeting of the Livingston City Council was held on September 1, 2026, in the City Council Chambers with Mayor Moran presiding.

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

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

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

CITIZEN COMMENTS
Mayor Moran opened and closed citizen comments at 6:03 p.m., as there were no comments from the public, the Council went into Closed Session immediately thereafter to discuss the following matters.

CLOSED SESSION

6. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator:

Jose Antonio Ramirez, City Manager
Employee Organizations: OE3- Clerical Bargaining Unit

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Police Supervisory Employees Association
Livingston Police Officer Association

7. Conference With Legal Counsel: significant exposure to litigation pursuant to Government Code § 54956.9(d)(2), (e)(1) (3 matters).

REGULAR MEETING
Mayor Moran called the meeting to order at 7:02 p.m.

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

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

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

CLOSED SESSION ANNOUNCEMENT
No reportable action was taken.

CHANGES TO THE AGENDA
Agenda items 9,10, and 11 were pulled from consent agenda.

CITIZEN COMMENTS
Mayor Moran opened citizen comments at 7:04 p.m.

Citizen Comments:

Sandra Larson
Alex Gonzalez
Patricia Zamora
JohnVictor
COUNTY SUPERVISOR’S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.

Merced County Supervisor Jim Pacheco gave a report.

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ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.
• Anthony Chavarria, Public Works Director
o Matthew Ruggiero – Presented a presentation on subsurface technologies. • Miguel Galvez, Contract City Planner
City Manager Announcements and Reports.
• Jose A. Ramierz, City Manager

Council Member Wallis has a conflict of interest for item 11.

Mayor Pro-Tem Samra has a conflict on agenda items 9 & 10 Mayor Moran has a conflict of interest on agenda items 9 and 10.

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

1. Ratify Warrants Register Dated August 21, 2026.

2. Consideration of Adopting a Resolution Accepting The Low Bid And Awarding A Contract To W.M. Lyles Co. For The Total Bid Amount $3,927,000.00 For The Construction Of The Well No. 18 Development And Equipment Project, Authorizing A Contingency For Contract Change Orders Up To 10% Of The Contract Amount, And Authorizing The City Manager To Execute The Agreement.

3. Consideration of Adopting 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.

4. Consideration Of Adopting A Resolution (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.

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5. Consideration of Adopting a Resolution (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.

6. Second Reading and Adoption of An Ordinance 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).

7. Second Reading and Adoption of An Ordinance Amending The Official Zoning Map Of The City Of Livingston To Rezone A 5.62-Acre Parcel Located On 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).

8. Second Reading and Adoption of An Ordinance Amending The Official Zoning Map Of The City Of Livingston To Rezone A 15-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).

Mayor Moran opened and closed public comments at 8:06 pm, as there were no comments from the public.

Motion: M/S Samra/Wallis to approve the consent agenda it. The motion carried 4-0-1 by the following roll call vote:

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

9. Second Reading and Adoption of An Ordinance 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).

City Attorney Tran noted that the Mayor has a property interest within 500 feet of the subject site.

Mayor Pro-Tem has a property interest within 1,000 feet of the subject site. At the last meeting, they used the rule of necessity and randomly selected a council member to participate to form a quorum. Mayor drew the high card, and the Mayor Pro-Tem drew a low card. The rule of necessity stands until the item is completely resolved.

Clerk Notes: Mayor Pro-Tem Samra left the council chambers at 8:10 p.m. before the item was heard.

Mayor Moran opened and closed public comments at 8:10 pm, as there were no comments from the public.

Motion: M/S Uppal/Wallis to approve Second Reading and Adoption of An Ordinance 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

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Density Residential) (Rezone No. Rez 2025-05). The motion carried 3-0-1 by the following roll call vote:

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

10. Second Reading and Adoption of An Ordinance Amending The Official Zoning Map Of The City Of Livingston To Rezone A 3.0-Acre Parcel 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).

City Attorney Tran noted that the Mayor has a property interest within 1,000 feet of the subject site. Mayor Pro-Tem has a property interest within 1,000 feet of the subject site. At the last meeting, they used the rule of necessity and randomly selected a council member to participate to form a quorum. The Mayor drew the high card, and the Mayor Pro-Tem drew a low card. The rule of necessity stands until the item is completely resolved.

Clerk’s Notes: Mayor Pro-Tem Samra was not in the council chambers when this item was heard.

Mayor Moran opened and closed public comments at 8:13 pm, as there were no comments from the public.

Motion: M/S Uppal/Wallis to approve Second Reading and Adoption of An Ordinance Amending The Official Zoning Map Of The City Of Livingston To Rezone A 3.0-Acre Parcel 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). The motion carried 3-0-1 by the following roll call vote:

AYES: Council Members: Uppal, Wallis, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth
RECUSAL: Council Members: Samra
Clerk Notes: Mayor Pro-Tem Samra returned to the council chambers at 8:14 p.m.

11. Second Reading and Adoption of An Ordinance Amending The Official Zoning Map Of The City Of Livingston Of A 16.8-Acre Parcel Of Property Located On The West Side Of Winton Parkway, North Of Peach Avenue (APN 022-050-009) From R-1 (Low Density Residential) To R-3 (High Density Residential) (Rezone No. Rez 2025-07).

Clerk Notes: Council Member Wallis recused himself at 8:15 pm, before the item was heard.

Mayor Moran opened and closed public comments at 8:16 pm, as there were no comments from the public.

Motion: M/S Uppal/Samra to approve Second Reading and Adoption of An Ordinance Amending The Official Zoning Map Of The City Of Livingston Of A 16.8-Acre Parcel Of Property Located On The West Side Of Winton Parkway, North Of Peach Avenue (APN 022-050-009) From R-1

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(Low Density Residential) To R-3 (High Density Residential) (Rezone No. Rez 2025-07). The motion carried 3-0-1 by the following roll call vote:

AYES: Council Members: Uppal, Samra, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth
RECUSAL: Council Members: Wallis
Clerk Notes: Council Member Wallis returned to the council chambers at 8:18 p.m. after the item was heard.

PUBLIC HEARING

12. Introduce and Waive First Reading of Ordinance 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.

Mayor Moran opened and closed the public hearing at 8:18 pm as there were no comments from the public.

Motion: M/S Wallis/Samra to Introduce and Waive First Reading of Ordinance 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. The motion carried 4-0-1 by the following roll call vote:

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

13. Introduce and Waive First Reading of Ordinance Amending Livingston Municipal Code Chapter 1-11 To Establish Updated Procurement And Contract Execution Policies And Procedures.

Mayor Moran opened and closed the public hearing at 8:19 pm as there were no comments from the public.

Mayor Moran reopened and closed the public hearing at 8:26 pm, as there were no comments from the public.

Motion: Uppal/Samra to direct staff to make the following amendments to the ordinance: 1) set the maximum threshold for contract signing authority to $30,000 (across the board), 2) set the annual aggregate limits to $65,000 (for professional services, goods, and equipment) for all departments except for public works, 3) set the annual aggregate limits to $125,000 for public works department only, and 4) set the CUPCCA (California Uniform Public Construction Cost Accounting Act) threshold to $30,000 in conjunction with the general signing authority threshold.

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

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

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COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

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• Strategic Plan

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:21 p.m. __________________________________
Deputy City Clerk of the City of Livingston
APPROVED:
_____________________________
Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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STAFF REPORT
AGENDA ITEM: Resolution Amending the City of Livingston Conflict of Interest Code and Accepting Biennial Notice.

MEETING DATE: September15, 2026
PREPARED BY: Monica Cisneros, Deputy City Clerk
REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:

Adopt resolution revising the positions designated by the City’s Conflict of Interest Code and accepting the City’s Biennial Notice.

BACKGROUND/DISCUSSION:

Cities are required to amend their Conflict of Interest Codes “when change is necessitated by changed circumstances, including the creation of new positions” that require designation (Cal.Gov. Code section 87306). The City has reclassified one designated position. The position of Executive Assistant/Deputy City Clerk has been reclassified to Assistant to City Manager/Deputy City Clerk. The reclassified position retains Disclosure Category 6, and Exhibit "A" of the Code is revised to reflect the new title. Therefore, revision of the City’s Conflict of Interest Code is necessary. The proposed revision also conforms the reproduced terms of the FPPC standard code (2 Cal. Code Regs. section 18730 (to the version currently in effect, including the $630 gift and disqualification thresholds and electronic filing under Gov. Code section 87500.

In addition to the foregoing, the State Fair Political Practices Commission (FPPC) requests that each city have its City Council accept, as filed, a Local Biennial Notice every two years on or before October 1. In order to comply with that requirement, the City has completed the Local Biennial Notice, a copy of which is included as Attachment 2.

ATTACHMENTS:

1. Resolution

2. Local Biennial Notice

3. Conflict of Interest Code

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RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING THE CITY’S CONFLICT OF INTEREST CODE AND ACCEPTING THE 2026 LOCAL

AGENCY BIENNIAL NOTICE
WHEREAS, the Political Reform Act, Government Code section 87300 et seq., requires the City of Livingston to adopt and promulgate a conflict of interest code; and WHEREAS, the City of Livingston adopted its Conflict of Interest Code (the “Code”) by Resolution No. 2009-3 on January 20, 2009, and last amended the Code by Resolution No. 2024- 53 on September 3, 2024; and
WHEREAS, the Code incorporates by reference the Fair Political Practices Commission’s standard conflict of interest code, 2 California Code of Regulations section 18730, together with any amendments to it duly adopted by the Commission; and WHEREAS, since the Code was last amended, section 18730 has been amended by the Commission, including to increase the gift limit and the related disqualification threshold to $630 for the January 1, 2025 through December 31, 2026, period and to authorize the filing of statements of economic interests through the Commission’s electronic filing system pursuant to Government Code section 87500, and the City wishes to conform the reproduced terms of its Code to the current version of section 18730; and
WHEREAS, the Commission requires that each city have its City Council accept, as filed, a Local Agency Biennial Notice on or before October 1 of each even-numbered year.

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

Section 1. The Conflict of Interest Code of the City of Livingston is hereby amended to conform the reproduced terms of 2 California Code of Regulations section 18730 to the version currently in effect and to amend and restate Exhibit “A” of the Code to read as follows:

DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE Designated Employees’ Title or Function Disclosure Categories Assigned Administrative Analyst (ALL) 6
Human Resources Coordinator 6
Assistant to City Manager/Deputy City Clerk 6
Building Inspector (ALL) 6, 7
Building Official 2, 3, 6, 7
City Attorney (not filing under
Gov. Code § 87200)
1, 2

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City Engineer 2, 3, 6, 7
Code Enforcement Officer 7
Finance Director/Assistant City Manager 1, 2
Police Administrative/Services Manager 6
Police Chief 6
Police Lieutenant 6
Public Works Director 2, 3, 6
Recreation Specialist 6
Recreation Superintendent 6
Senior Accountant 5

MEMBERS OF BOARDS, COMMITTEES AND COMMISSION
Title or Function Disclosure Categories Assigned
Parks & Recreation Commissioners 1, 2
Consultant Broadest disclosure category, subject to City Manager’s written limitation as provided in the
Code
Section 2. Except as expressly provided herein, nothing in this resolution shall be deemed to waive or modify any of the other provisions of the Code.

Section 3. The 2026 Local Agency Biennial Notice, attached hereto as Exhibit “B” and incorporated herein by reference, is hereby accepted as filed and shall be returned to the code reviewing body on or before October 1, 2026.

Section 4. This Resolution shall take effect immediately upon the date of its passage.

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 15th day of September 2026, by the vote recorded as follows:

AYES:

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NOES:

ABSENT:

ABSTAIN:

By:

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

APPROVED AS TO LEGAL FORM
________________________
City Attorney or Assistant City Attorney

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www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

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2026 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):

An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Other (describe)
The code is currently under review by the code reviewing body.

No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2026, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

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CONFLICT OF INTEREST CODE
OF THE

CITY OF LIVINGSTON
The following Conflict of Interest Code of the City of Livingston was adopted by Resolution No. 2009-3 of the City Council on January 20, 2009. Amended September 3, 2024 (Resolution No. 2024-53). Amended and Restated September 15, 2026 (Resolution No. 2026-__)

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CONFLICT OF INTEREST CODE
OF THE

CITY OF LIVINGSTON
(Adopted January 20, 2009)
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page with Regulation 18730 and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of Livingston (the “City”).

All Officials required to submit a statement of economic interests shall file their statements with the Executive Assistant/Deputy City Clerk as the City’s Filing Officer.

The Filing Officer shall make and retain a copy of all statements filed by the Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, and forward the originals of such statements to the Fair Political Practices Commission. The Filing Officer shall retain the originals of the statements of all other Officials and Designated Employees. The Filing Officer will make all retained statements available for public inspection and reproduction (Gov. Code Section 81008).
(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations.)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws pertaining to conflicts of interest.

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(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.

The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and
(C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined 1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code section 81004.

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that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office.
(4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code or with the Fair Political Practices Commission using the Commission's electronic filing system as required under Government Code section 87500,
2 or with the Fair Political Practices
Commission using the Commission’s electronic filing system as required under Section 87500.
(5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code.

Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than April 1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or 2 See Government Code section 81010 and 2 Cal. Code Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer.

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participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements.

Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Government Code section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting.

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Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:

1. A statement of the nature of the investment or interest;

2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000.
(B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency.

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5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
(D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Government Code section 89501 shall apply to the prohibitions in this section.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

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(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $630. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $630 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Government Code section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Government Code section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer

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has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.

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(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:

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(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $630 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more.
(10) Section 10. Disclosure of Disqualifying Interest.

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When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.
(12) Section 12. Violations.

This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003.

Note: Authority cited: Government Code section 83112, Government Code. Reference:

Government Code sections 87103(e), 87300-87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42).

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9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4- 93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3- 14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).

18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

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22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18-2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11-30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of

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Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013. Submitted to OAL for filing pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12- 15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations. Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12-1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v.

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1-11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924,

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California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal.

Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).

38. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-20-2022; operative 1-19-2023 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2022, No. 51).

39. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 2-18-2025; operative 3-20-2025 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2025, No. 8).

40. Amendment of subsection (b)(4) filed 5-8-2025; operative 6-7-2025 pursuant to Cal.

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APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF LIVINGSTON
(Adopted January 20, 2009)
EXHIBIT “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager and/or City Administrator, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18701(b), are NOT subject to the City’s Code but are subject to the disclosure requirements of the Act. (Government Code Section 87200 et seq.). [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are officials who manage public investments1. These positions are listed here for informational purposes only.

Finance Director
Financial Consultant
1 Individuals holding one of the above-listed positions may contact the FPPC for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by§ 87200.

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DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Administrative Analyst (ALL) 6
Assistant to City Manager/Deputy City Clerk 6
Building Inspector (ALL) 6, 7
Building Official 2, 3, 6, 7
City Attorney (not filing under Gov Code § 87200) 1, 2
City Engineer 2, 3, 6, 7
Code Enforcement Officer 7
Finance Director/Assistant City Manager 1, 2
Human Resources Coordinator 6
Police Administrative Services Manager 6
Police Chief 6
Police Lieutenant 6
Public Works Director 2, 3, 6
Recreation Specialist 6
Recreation Superintendent 6
Senior Accountant 5

MEMBERS OF BOARDS, COMMITTEES, COMMISSIONS
Parks & Recreation Commissioners 1, 2
Consultant2
2 Consultants shall be included in the list of Designated Employees and shall disclose pursuant to the broadest disclosure category in this Code subject to the following limitation:

The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this Section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

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EXHIBIT “B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities, sources of income, including gifts, loans and travel payments, or real property which the Designated Employee must disclose for each disclosure category to which he or she is assigned..

Category 1: All investments and business positions in business entities, and sources of income, that are located in, do business in, or own real property within the jurisdiction of the City.

Category 2: All interests in real property located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City.

Category 3: All investments and business positions in, and sources of income from, business entities that are engaged in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions in, and sources of income from, business entities that are banking, savings and loan, or other financial institutions.

Category 5: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 6: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Employee’s Department.

Category 7: All investments and business positions in, and sources of income from, business entities subject to the regulatory, permit, or licensing authority of the Designated Employee’s Department.

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STAFF REPORT
AGENDA ITEM: Second Reading and Adoption 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 15, 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 have the Second Reading and Adoption 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.

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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

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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

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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.

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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: September 1, 2026
Passed and Adopted:
____________________________
Jose A. Moran, Mayor
Of City of Livingston

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4898-5417-0823 v1
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 1st day of September 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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Pages 1 of 2

STAFF REPORT
AGENDA ITEM: ADOPT A RESOLUTION OF THE CITY OF LIVINGSTON

AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR

SERVICE AGREEMENT WITH TRUECOMP FOR LABOR COSTING

SOFTWARE
MEETING DATE: September 15, 2026
PREPARED BY: Arcelia Cruz, Human Resources Coordinator
APPROVED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends the City Council adopt the resolution: (1) authorizing the City Manager to execute a three-year service agreement with TrueComp for labor costing software; and (2) finding, pursuant to Livingston Municipal Code sections 1-11-6 and 1-11-10, that this procurement is exempt from and/or waived from the City’s formal competitive sealed-bid procedures on the ground that the TrueComp platform is available only from a single source, as justified below.

BACKGROUND:

The City of Livingston entered into an initial agreement with TrueComp (formerly GovInvest) on October 6, 2020. The current service agreement is set to expire on October 6, 2026. The partnership with TrueComp has resulted in seamless integration with our current systems. Staff desires to continue its partnership with TrueComp. The software itself is used to forecast personnel costs, which is helpful as the City has a handful of associations with various benefits and pay for specific members in addition to incorporating labor costing and projections in preparation for on-going labor negotiations. The continued service agreement will provide staff with additional managed service hours for labor costing support and costing proposals.

DISCUSSION:

Since its inception in 2014, TrueComp (formerly GovInvest) has provided clients with the ability to run financial forecasting through their software platform. The TrueComp platform allows for real-time projections which are critical to manage pension, Other Post Employment Benefits (OPEB), and comprehensive labor costs. TrueComp allocates personnel to integrate its existing systems so that staff can fully utilize its system and tailor the software to the needs of the City.

During negotiations, and to provide the full context and expense of any Memorandum of Understanding (MOU) proposal, staff will typically cost out the full extent of all expenses within the MOU. This allows the Council to make policy decisions with fully burdened expenses known on the front side and prior to making a final decision.

It is important to note that while the MOUs may have different benefits to their respective association members, the TrueComp software allows for all of these expenses to be captured.

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Pages 2 of 2
This three-year (36-month) service agreement included in the attachments commencing October 5, 2026, and continuing through October 6, 2029, represents $32,500 that will be due to TrueComp over the full term. The fees are allocated as follows: $7,000 (Year 1), $10,000 (Year 2), and $13,000 (Year 3) for the labor costing software subscription, plus $2,500 for ten (10) hours of consulting/managed services.

This procurement is governed by the City’s purchasing ordinance, Livingston Municipal Code Chapter 11, adopted pursuant to California Government Code section 54203.Because the total contract value ($32,500) exceeds $10,000, the agreement is presumptively subject to the formal sealed-bid and public-advertising procedures of section 1-11-5 unless the purchase qualifies for a waiver under section 1-11-6 or an exemption under section 1-11-10. Staff has not conducted a formal competitive bid. To proceed without one, Council must make an express finding supporting a single-source procurement. Staff submits the following sole-source justification: the City has used TrueComp (formerly GovInvest) platform since October 6, 2020; the platform is a proprietary system seamlessly integrated with the City’s existing systems and configured to the City’s specific bargaining units, benefit structures, and pay provision; and the City’s requirements can be met solely by this single proprietary platform without loss of the historical data continuity and integration critical to ongoing labor negotiations. On that basis, the procurement qualifies as available from only one source under section 1-11-6(C) and/or as exempt under section 1-11- 10(C) (requirements met solely by a single patented article or process). If Council prefers to proceed by waiver rather than exemption, section 1-11-6(B) permits waiver of the formal bid procedures by resolution adopted by at least four affirmative votes.

FISCAL IMPACT:

Staff is requesting authorization for the Finance Department to make a supplemental appropriation in the Fiscal Year 2026/2027 budget to the Contract Services, account 1100-101- 4310 in the amount not to exceed $9,500.00.

ATTACHMENTS:

1. Resolution

2. Service Agreement

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Page 1 of 2 ends

RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR

SERVICE AGREEMENT WITH TRUECOMP FOR LABOR COSTING

SOFTWARE
WHEREAS, the City of Livingston Finance and Human Resources Department desires to have specialized software to help with financial modeling for personnel and labor expenses; and WHEREAS, the City of Livingston began utilizing TrueComp (formerly GovInvest) on October 6, 2020, for budget forecasting and labor costing analysis, and the current agreement is set to expire on October 6, 2026; and
WHEREAS, this three-year service agreement will allow the City of Livingston staff to continue using TrueComp software for personnel costing and budget modelling, in addition to providing managed service hours for labor costing support and costing proposals; and WHEREAS, the total cost of the three-year service agreement is $32,500, which exceeds the $10,000 threshold above which the City’s formal competitive sealed-bid procedures apply under Livingston Municipal Code section 1-11-5; and
WHEREAS, the TrueComp platform is a proprietary system that has been used by the City since October 6, 2020, is seamlessly integrated with the City’s existing systems, and is configured to the City’s specific bargaining units, benefit structures, and pay provision, such that the City’s requirements can be met solely by this single source; and WHEREAS, the City Council finds that this procurement is available from only one source and is therefore exempt from and/or subject to waiver of the formal competitive bid procedures under Livingston Municipal Code sections 1-11-6 and 1-11-10.

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

Section 1. The above recitals are true and correct.

Section 2. Based on the recitals above, the City Council finds and determines that the procurement of the TrueComp labor costing software is available from only one source and is exempt from, and/or the City Council hereby waives, the formal competitive sealed-bid procedures of Livingston Municipal Code section 1-11-5, pursuant to Livingston Municipal Code sections 1-11-6 and 1-11-6.

Section 3. The City Council authorizes the City Manager to execute the service agreement with TrueComp attached hereto and incorporated herein as “Exhibit A,” in a form approved by the City Attorney.

Section 4. Staff is requesting authorization for the Finance Department to make a supplemental appropriation in the Fiscal Year 2026/2027 budget to the Contract Services, account 1100-101-4310 in the amount not to exceed $9,500.00.

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Page 2 of 2 ends

Section 5. The resolution will become effective immediately upon its adoption.

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

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1 SOFTWARE SERVICES AGREEMENT
This Software Services Agreement ("Agreement") is entered into as of 10/05/2026 ("Effective Date") by and between GovInvest, Inc., dba TrueComp, of 8605 Santa Monica Blvd., PMB 52465, West Hollywood, CA 90069("TrueComp"), and Livingston, CA, of 1416 C Street Livingston, CA 95334 ("Client").

1. DEFINITIONS

1.1 "Authorized Users" means an employee or contractor of Client that Client has registered with TrueComp.

1.2 "Client Data" means all data, information, and materials provided by Client to TrueComp for use in connection with the Services.

1.3 "Confidential Information" means any business or technical information disclosed by one party to the other party, provided that it is identified as confidential at the time of disclosure or that under the circumstances, a person exercising reasonable business judgment would understand it to be confidential or proprietary.

Confidential Information shall not include information that (a) is or becomes generally known to the public without breach of any obligation owed to the disclosing party; (b) was known to the receiving party prior to its disclosure by the disclosing party without breach of any obligation owed to the disclosing party; or (c) is received from a third party without breach of any obligation owed to the disclosing party.

1.4 "Documentation" means the user guides, online help, release notes, training materials, and other documentation provided by TrueComp regarding the Software Services from time to time as published at https://truecomp.com/training/.

1.5 "Order" means the Order Form attached hereto as Schedule A.

1.6 "Professional Services" means any consulting, development, customization, configuration, training or other professional services that TrueComp agrees to provide to Client pursuant to the Order.

1.7 "Services" means collectively the Software Services and the Professional Services.

1.8 "Software Services" means the software-as-a-service (SaaS) compensation management platform and related professional services provided by TrueComp as described in the Order.

2. SERVICES AND ACCESS

2.1 Access to Software Services. Subject to the terms and conditions of this Agreement, TrueComp grants Client a non-exclusive, non-transferrable right to access and use the Software Services set forth in the Order during the term of this Agreement solely for Client's own business purposes.

2.2 Usage Restrictions. Client shall not (a) make the Software Services or data obtained in connection therewith available to any third party other than Authorized Users; (b) license, sell, resell, rent, or lease the Software Services; or (c) access or use the Software Services or data obtained in connection therewith, in whole or in part, to build a competitive product or service.

2.3 Data Usage. TrueComp may collect, use and disclose quantitative data and information related to the performance of the Services, for industry analysis, benchmarking, analytics, research and development, marketing and other business purposes (collectively, "Usage Data"). If TrueComp discloses Usage Data, such will be de-identified and aggregated. TrueComp may use compensation information, comparator data, census data, union plan provisions, and/or other information sources accessed via public records and/or provided directly by government agencies to develop the data set for Client. Benchmarking clients will provide compensation information to TrueComp periodically as requested. TrueComp will rely on this information without an audit.

2.4 Professional Services. TrueComp may provide Professional Services to the Client in accordance with the term set forth in the Order.

3. SERVICE LEVEL AGREEMENT (SLA) AND SUPPORT

3.1 Availability. TrueComp will use commercially reasonable efforts to make the Software Services available 24 hours a day, 7 days a week, with a monthly uptime percentage of at least 99%, excluding scheduled maintenance.

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2 3.2 Maintenance. TrueComp will provide at least 48 hours' notice for scheduled maintenance, which will typically be performed during non-business hours.

3.3 Support. TrueComp will provide standard technical support during business hours: 8:00 AM to 6:00 PM (Central Standard Time), Monday through Friday, excluding holidays.

4. RESTRICTIONS AND RESPONSIBILITIES

4.1 Restrictions. Client will not, directly or indirectly:
(a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, underlying structure, ideas, know-how, or algorithms relevant to the Software Services, or any software, documentation, or data related to or used to provide the Software Services; (b) modify, translate, or create derivative works based on the Software Services; (c) use the Software Services for timesharing, service bureau, or outsourcing purposes, or otherwise make the Software Services available to any third party other than Authorized Users; (d) remove, alter, or obscure any proprietary notices, labels, or markings on or within the Software Services; or (e) export or re-export, either directly or indirectly, the Software Services or any component thereof in violation of the export control laws and regulations of the United States or any other applicable jurisdiction.

4.2 Client Responsibilities. Client shall be responsible for: (a) obtaining and maintaining any hardware, software, and ancillary services necessary to access and use the Software Services (collectively, "Equipment"); (b) maintaining the security of the Equipment, Client account, and all associated credentials, including administrative and Authorized User passwords and files; and (c) all activity occurring under Client's account. Client shall promptly notify TrueComp of any unauthorized access to or use of Client's account.

4.3 Suspension and Disablement. TrueComp may suspend access to the Software Services, or remove or disable any Authorized User's account , if:
(a) TrueComp reasonably believes that a material violation of this Agreement has occurred and such violation has not been remediated within forty-eight (48) hours following written notice from TrueComp specifying the nature of the violation; or
(b) Suspension is necessary to address a security vulnerability that TrueComp has discovered or reasonably suspects poses a risk to the Software Services, Client Data, or third parties.

4.4 Suspension Notice. Except in the case of Section 4.3(b), TrueComp will provide Client with no less than fortyeight (48) hours prior written notice before implementing any suspension or disablement.

4.5 Billing Disputes. TrueComp shall not suspend Client's access to the Software Services solely due to a good-faith and timely dispute regarding fees asserted in accordance with Section 6.2.

5. CLIENT OBLIGATIONS

5.1 Responsibilities. Client is responsible for (a) ensuring its Authorized Users comply with this Agreement; (b) the accuracy and legality of Client Data; and (c) using reasonable efforts to prevent unauthorized access to the Software Services.

5.2 Cooperation. Client will provide TrueComp with reasonable access to Client's personnel, systems and Equipment as necessary for TrueComp to perform the Services.

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3 6. FEES AND PAYMENT

6.1 Fees. Client will pay the fees specified in the Order. Unless otherwise stated in the Order, fees are based on Services purchased or provided and not actual usage.

6.2 Invoicing. Fees for Software Services will be invoiced annually in advance. Fee for Professional Services shall be invoiced as provided for in the Order. Software Services are non-cancelable, and fees paid are nonrefundable. Client shall notify TrueComp in writing of any disputed amounts within ten (10) days from the invoice date, specifying in reasonable detail the basis for the dispute and failure to do so shall be deemed a waiver of any right to thereafter dispute such invoice. Client shall timely pay all undisputed portions of any invoice in accordance with this Agreement.

6.3 Payment Terms. All amounts invoiced are due and payable within thirty (30) days from the invoice date. Unpaid invoices are subject to a finance charge of 1.5% per month, or the maximum permitted by law, whichever is lower, plus all collection expenses.

6.4 Taxes. Fees do not include any taxes, levies, duties, or similar governmental assessments. Client is responsible for paying all taxes associated with its purchases hereunder, excluding taxes based on TrueComp's net income.

6.5 Fee Adjustments. At least sixty (60) days prior to the expiration of the then-current term, TrueComp shall have the right, upon written notice to Client, to adjust the fees for the Software Services to be effective as of the commencement of the next renewal term. Such adjusted fees shall be binding unless Client elects to terminate this Agreement in accordance with Section 10.1.

7. WARRANTIES AND DISCLAIMER

7.1 Limited Warranty. TrueComp warrants that the Software Services will perform materially in accordance with the Documentation. TrueComp warrants for a period of 90 days following the completion of a Professional Service that the Professional Services were performed with a reasonable level of care and skill and the requirements of the Agreement and the Order. If Client reports a material non-conformity within five (5) days of discovery, TrueComp will correct the non-conformity at no additional charge. If TrueComp is unable to correct the material non-conformity within thirty (30) days from said notice, Client may terminate the applicable Order and receive a pro-rata refund of prepaid fees. This Section 7.1 sets forth Client's exclusive warranties and remedies (and TrueComp's sole liability) in connection with the non-performance or non-conformity of the Services.

7.2 Third-Party Items. Certain commercial third-party software products, hardware products, and services ("ThirdParty Items") are contained in or used to deliver the Software Service. Client accepts these Third-Party Supplier Terms by using the Software Service. Third-Party Items are provided to Client "AS IS" and TrueComp makes no warranties and will have no liability for Third-Party Items whatsoever.

7.3 No Other Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TRUECOMP MAKES NO OTHER

WARRANTY OF ANY KIND RELATED TO THE SERVICES, WHETHER EXPRESS, IMPLIED,

STATUTORY, OR OTHERWISE INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE

FOREGOING, TRUECOMP DOES NOT WARRANT THAT ANY SERVICES WILL MEET CLIENT'S REQUIREMENTS OR OPERATE WITHOUT INTERRUPTION OR ERROR. EACH PARTY DISCLAIMS

ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

8. INDEMNIFICATION

8.1 Indemnification by TrueComp. TrueComp shall defend, indemnify, and hold harmless Client and its officers, officials, employees, agents, and volunteers (each a "Client Indemnitee") from and against any and all third-party claims, demands, suits, actions, or proceedings (each, a "Claim"), and shall pay all damages, liabilities, penalties,

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4 fines, settlements, costs, and expenses (including reasonable attorneys' fees and litigation costs) finally awarded against, or entered into by way of settlement approved by TrueComp on behalf of, a Client Indemnitee, to the extent arising out of or relating to:
(a) any allegation that the Software Services, the Documentation, or Client's authorized use thereof infringes, misappropriates, or otherwise violates any patent, copyright, trademark, trade secret, or other intellectual property or proprietary right of a third party;
(b) any actual or alleged unauthorized access to, or acquisition, use, disclosure, loss, or destruction of, Client Data ("Security Breach"), or any breach by TrueComp of its confidentiality or data-security obligations under this Agreement; (c) any violation by TrueComp of applicable law, including any data-privacy, data-security, or data-breach-notification law; and
(d) the gross negligence or willful misconduct of TrueComp, or bodily injury, death, or damage to tangible property caused by TrueComp's acts or omissions.

8.2 Infringement Remedies. If the Software Services become, or in TrueComp's reasonable opinion are likely to become, the subject of an infringement Claim, TrueComp shall, at its expense and option: (a) procure for Client the right to continue using the Software Services; (b) modify or replace the Software Services so they are noninfringing while materially preserving functionality; or (c) if neither (a) nor (b) is commercially practicable, terminate the affected Services and refund to Client all prepaid, unused fees. This Section 8.2 is in addition to, and not in lieu of, TrueComp's obligations under Section 8.1.

8.3 Indemnification by Client. To the extent permitted by law, and subject to the limitations of the California Government Claims Act (California Government Code sections 810 et seq.) and to the lawful appropriation of funds, Client shall indemnify and hold harmless TrueComp from and against third-party Claims, and shall pay damages and reasonable attorneys' fees finally awarded against TrueComp, but only to the extent such Claims arise from (a) Client Data that infringes a third party's intellectual property rights, or (b) Client's use of the Software Services in material violation of this Agreement, and only in proportion to Client's negligence or willful misconduct. Client's obligations under this Section 8.3 do not include a duty to defend TrueComp, and Client's aggregate liability under this Section 8.3 is subject to Section 11.6. Nothing in this Agreement requires Client to indemnify or hold harmless any party for that party's own fraud, willful injury, violation of law, or negligence, and any provision purporting to require the same shall be of no force or

8.4 Indemnification Procedure. The party seeking indemnification (the "Indemnified Party") shall: (a) promptly notify the indemnifying party (the "Indemnifying Party") in writing of the Claim (provided that failure to give prompt notice shall not relieve the Indemnifying Party of its obligations except to the extent it is materially prejudiced); (b) grant the Indemnifying Party sole control of the defense and settlement of the Claim, except that the Indemnifying Party shall not settle any Claim in a manner that imposes any liability, admission, or nonmonetary obligation on the Indemnified Party without its prior written consent; and (c) provide reasonable cooperation at the Indemnifying Party's expense. Notwithstanding the foregoing, where Client is the Indemnified Party, Client (through the City Attorney) may participate in the defense with counsel of its own choosing at its own expense, and no settlement shall bind Client without the City's prior written approval.

9. CONFIDENTIALITY, DATA SECURITY, AND PROPRIETARY RIGHTS

9.1 Confidential Information. Each party agrees to protect the other party's Confidential Information with the same degree of care that it uses to protect its own confidential information of like kind, but in no event less than reasonable care.

9.2 Compelled Disclosure. The receiving party may disclose Confidential Information of the disclosing party to the extent compelled by law to do so, provided the receiving party gives the disclosing party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the disclosing party's cost, if the disclosing party wishes to contest the disclosure.

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5 9.3 Data Security and Privacy. TrueComp shall maintain a comprehensive information security program that includes appropriate administrative, technical, and physical safeguards reasonably designed to protect the security, confidentiality, and integrity of Client Data. Such safeguards shall include, but not be limited to, encryption of Client Data in transit and at rest. In the event of any unauthorized access to or disclosure of Client Data ("Security Breach"), TrueComp shall notify Client within seventy-two (72) hours of becoming aware of such Security Breach and shall comply with all applicable data privacy laws and regulations.

9.4 Proprietary Rights. Client owns and retains ownership of the Client Data and all intellectual property rights related thereto. TrueComp owns and retains ownership of: (a) the Software Services, and all improvements, enhancements or modifications made or suggested by any party; (b) the Usage Data, and any feedback or suggestions provided by Client or Authorized Users regarding the Services; (c) any software, applications, inventions or other technology developed by TrueComp in connection with providing the Services hereunder and (d) all intellectual property rights related to the foregoing.

10. TERM AND TERMINATION

10.1 Term. This Agreement commences on the Effective Date and will continue for an initial term of thirty-six (36) months unless a different Subscription Term is specified in the Order, in which case such Subscription Term shall apply. This Agreement shall automatically renew for additional terms of twelve (12) months unless a party provides notice of non-renewal to the other party at least thirty (30) days prior to the expiration of the thencurrent term.

10.2 Termination for Convenience + Non-Appropriation. Notwithstanding any other provision of this Agreement, Customer's obligations under this Agreement are subject to annual appropriation of funds by the Customer's governing body (the "Council"). Following the expiration of the first twelve (12) months of the Subscription Term, if the Council fails to appropriate funds sufficient to continue payments due under this Agreement for any subsequent fiscal year, Customer may terminate this Agreement at the end of the last fiscal year for which funds were appropriated, without penalty or liability to either party, provided that Customer delivers written notice of such non-appropriation to Vendor as soon as reasonably practicable following the Council's failure to appropriate, and in no event later than thirty (30) days after the close of the applicable budget cycle. Customer shall remain obligated to pay all amounts due and owing through the date of termination. This Section shall not be construed to permit Customer to terminate this Agreement for convenience under the guise of nonappropriation where funds are otherwise available or have been appropriated for substantially similar purposes.

10.3 Termination for Cause. A party may terminate this Agreement for cause (a) upon 30 days written notice to the other party of a breach of any terms of this Agreement if such breach remains uncured at the expiration of such period except that any payment breach must be cured within ten (10) days from its original due date, or (b) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.

10.4 Effect of Termination. Upon termination, Client shall cease all use of the Software Services, and TrueComp shall cease providing the Services. Client will pay for all Services provided up to the effective date of termination.

10.5 Survival. Any provisions of this Agreement or Order that must survive in order to be operable, or that are necessary to interpret the parties' rights and obligations, will survive expiration or termination of this Agreement.

11. MISCELLANEOUS

11.1 Assignment. Client may not assign or license any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of TrueComp (not to be unreasonably withheld). TrueComp may assign this agreement upon written notice to Client.

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6 11.2 Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

11.3 Publicity. TrueComp may use Client's name and logo in its marketing materials and customer lists, provided that Client, as a government entity, may be subject to additional restrictions under applicable public records laws and shall not be required to approve any press release that conflicts with such obligations.

11.4 Entire Agreement. This Agreement and the Order constitute the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. In the event of any inconsistency between this Agreement and the Order, the terms of this Agreement shall control.

11.5 Amendment. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment, or waiver is to be asserted.

11.6 Limitations of Liability. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR ORDER TO

THE CONTRARY, NEITHER TRUECOMP NOR ITS AFFILIATES, REPRESENTATIVES AND

SUPPLIERS, WILL BE LIABLE TO CLIENT UNDER THIS AGREEMENT FOR (A) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR (B) LOSS

OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR

INDIRECT), EVEN IF TRUECOMP KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES

WERE POSSIBLE, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND REGARDLESS OF THE TYPE OF ACTION OR THEORY OF LIABILITY; AND IN ANY EVENT, TRUECOMP'S

AGGREGATE LIABILITY FOR ANY BREACH OR OTHER CLAIM UNDER THIS AGREEMENT WILL

NOT EXCEED THE LIMITS OF TRUECOMP'S APPLICABLE LIABILITY INSURANCE COVERAGE IN EFFECT AT THE TIME THE CLAIM ARISES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 11.6 SHALL NOT APPLY TO: (A) TRUECOMP'S INDEMNIFICATION OBLIGATIONS UNDER SECTION

8.1; (B) TRUECOMP'S BREACH OF ITS CONFIDENTIALITY OR DATA-SECURITY OBLIGATIONS OR ANY SECURITY BREACH; (C) DAMAGES ARISING FROM TRUECOMP'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR VIOLATION OF LAW; OR (D) BODILY INJURY, DEATH, OR DAMAGE TO TANGIBLE PROPERTY CAUSED BY TRUECOMP. TRUECOMP’S AGGREGATE LIABILITY FOR

THE MATTERS DESCRIBED IN SUBSECTIONS (B) AND (C) SHALL NOT EXCEED THE LIMITS OF TRUECOMP’S APPLICABLE INSURANCE AND THE GENERAL LIABILITY CAP IN THIS SECTION

11.6 SHALL OTHERWISE REMAIN IN EFFECT FOR ALL OTHER CLAIMS.

11.7 Waiver. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.

11.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, Merced County, without regard to its conflict of law principles.

11.9 Notices. All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (a) personal delivery; (b) the second business day after mailing to the addresses set forth on the first page of this Agreement; or (c) the first business day after sending by email to the email addresses set forth on the signature page of this Agreement with a confirmation receipt that such email was delivered to the recipient.

11.10 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement.

11.11 Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.

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7 11.12 Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by acts of God, government restrictions, war, terrorism, pandemics, or other causes beyond reasonable control and without the fault or negligence of the party experiencing such delay.

11.13 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

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8 Schedule A
Order Form
Customer Name:

Livingston, CA
Subscription Start Date:
10/05/2026
Billing Address:
1416 C Street Livingston, CA 95334
Subscription End Date: 10/06/2029
Billing Email:
[email protected]
Initial Term: 36 months
PO: Account Executive: Lovo Kollie [email protected] Payment Terms: Net 30 Offer Valid Until: 09/30/2026
Software Services:

Additional Terms:

Prices shown above are subject to adjustment in accordance with the Agreement.

Prices shown above do not include any applicable taxes. Any such taxes are the Client's responsibility. Any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the Billing Address provided by Client on this Order Form.

Year Description Commercial
List Price
Customer
Price
1 Labor Costing $ 22,000.00 $7,000
2 Labor Costing $ 22,000.00 $10,000
3 Labor Costing $ 22,000.00 $13,000
Description Number of Hours Customer
Price
Consulting 10 $2,500
Year Description Commercial
List Price
Customer
Price
1 Labor Costing $ 22,000.00 $7,000

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9 Livingston, CA GovInvest, Inc. d.b.a TrueComp
Name Name
Title Title
Signature Signature
Date Date

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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 15, 2026

PREPARED BY: 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 October 6, 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, and a revised version was introduced for a new first reading on August 18, 2026. At its regular meeting of September 1, 2026, the City Council directed staff to revise the Ordinance’s approval and signature authority limits before the Ordinance returns for adoption, as follows:

1. Reduce the City Manager’s contract approval and signature authority from $50,000 or less to $30,000 or less.

2. Establish annual aggregate contract limits of $65,000 for goods and services, and $125,000 for Department of Public Works goods and equipment, above which City Council approval is required.

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3. Set the City Manager’s contract authority for public projects under the California Uniform Public Construction Cost Accounting Act (CUPCCAA), LMC Chapter 1-21, at $30,000 or less, instead of the prior $25,000 or less.

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.

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 September 1, 2026 meeting, staff revised the Ordinance to incorporate the Council’s directed changes to the authority limits:

1. The City Manager may approve and sign contracts not to exceed $30,000 (reduced from $50,000). Department Heads may sign contracts not to exceed $5,000. Contracts exceeding the City Manager’s authority require City Council approval.

2. The Ordinance establishes annual aggregate contract limits above which City Council review and approval are required: $65,000 for goods and services, and $125,000 for Department of Public Works goods and equipment, per vendor or contractor in a fiscal year.

3. Consistent with the reduced approval authority, a non-competitive (sole source) award may be determined by the City Manager for contracts under $30,000 and by the City Council for contracts of $30,000 or more (reduced from $50,000). A sole source procurement form documenting the basis for the determination, after reasonable market research confirming that a single vendor can meet the City’s minimum operational,

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technical, legal, or compatibility requirements, is placed in the contract file and maintained as a public record.

4. The City Manager’s contract authority for public projects negotiated under CUPCCAA is set at $30,000 or less (increased from the prior $25,000 or less), consistent with the approval limits above.

ENVIRONMENTAL ANALYSIS
This action is exempt from the California Environmental Quality Act ("CEQA") because it does not qualify as a "project" pursuant to Public Resource Code Section 21065 and CEQA Guidelines Sections 15320, 15378 and 15061(b)(3) because it can be seen with certainty that there is no possibility the City's action would cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

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

ATTACHMENTS

1. Ordinance No.

2. Purchasing Procedures Administrative Instruction

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ORDINANCE NO. 2026-

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, on December 2, 2025, the City Council adopted Resolution No. 2025-143, which, among other things, established local City Manager and City Council review and approval thresholds for public projects undertaken under the Uniform Public Construction Cost Accounting Act;
WHEREAS, the City Council now desires to codify those approved thresholds directly in Livingston Municipal Code Chapter 1-11, to increase the City Manager’s approval threshold from $25,000 to $30,000, and to supersede the corresponding provisions of Resolution No. 2025-143, so that the City’s approval policy is stated in a single, controlling instrument; 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.

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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:
(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.

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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 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-$30,000 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 $30,000 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.

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1. In the case of contracts less than $30,000.00, this determination shall be made by the City Manager and, in the case of contracts more than $30,000.00, 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 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 $30,000, and (2) the aggregate amount of contracts awarded to the same contractor during any fiscal year does not exceed $65,000 for goods and services; provided, however, that for Public Works Department contracts only, the aggregate amount of contracts awarded to the same contractor during any fiscal year for goods and equipment (not services) does not exceed $125,000. § 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 $30,000 require the following:
(A) Purchases must, whenever possible, be based upon at least three bids or quotes

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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.
(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 $30,000.

Any single purchase or contract for supplies over $30,000, or multiple related purchases or contracts intentionally split to avoid the $30,000 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

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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 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

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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.

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 $30,000 dollars. Professional services estimated to cost more than $30,000 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

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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;

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 $30,000. 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. Repeal and Supersession of Prior Resolution Provisions. Section 3 of Resolution 2025- 143, adopted December 16, 2025, is hereby repealed and superseded to increase the City Manager’s approval threshold from $25,000 to $30,000, effective concurrently with the effective date of this Ordinance.

Section 6. 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 7. 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

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review under CEQA.

Section 8. 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 9. Effective Date. This Ordinance will become effective 30 days after adoption.

Introduced:

Passed and Adopted:

_____________________________
JOSE MORAN, Mayor
of the City of Livingston

ATTEST:

State of California )
County of Merced )
City of Livingston )

I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 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:

______________________________________
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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OFFICE OF THE CITY MANAGER
Administrative Instruction
No. 1

PURCHASING PROCEDURES
Effective Date: September ___, 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

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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 $30,000 may be approved by the City Manager.

2. Public Projects $30,000 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- $30,000 may be approved by the City Manager.

3. Contracts for the purchase of goods/services over $30,000 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 $30,000, and (2) the aggregate amount of contracts awarded to the same contractor during any fiscal year does not exceed $65,000 for goods and services; provided, however, that for the Department of Public Works contracts only, the aggregate amount of contracts awarded to the same contractor during any fiscal year for goods and equipment (not services) does not exceed $125,000.

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

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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 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 - $30,000 require informal bidding procedures.
c. Contracts for the purchases of supplies over $30,000 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 - $30,000 require informal bidding procedures.
c. Contracts for the purchases of services over $30,000 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-$30,000. 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

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Procedures are required for the purchase of goods or services that are in excess of $5,000.

1. For projects of $5,001 - $30,000, the department shall obtain at least three (3) quotes or bids, whenever possible. If the department 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.

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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.

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:
a. After reasonable market research, it is determined that only one source is capable of supplying the required goods or

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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.

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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.

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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.

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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.

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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 $30,001 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.

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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.

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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 $30,000 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 $30,000 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

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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 $30,000 and under may be approved by the City Manager
• Public Projects over $30,000 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- $30,000 may be approved by the City Manager.
• Contracts for the purchase of goods/services over $30,000 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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4938-3156-Page | 3974 v1 1 Sole Source Form – August 18, 2026 City of Livingston
Sole Source Justification

THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE Contact Finance Department 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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4938-3156-Page | 3974 v1 1 Sole Source Form – August 18, 2026 If additional space is needed, continue on a separate page

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2 | P a g e
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)

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3 | P a g e
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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STAFF REPORT
AGENDA ITEM: Public Hearing – General Plan Amendment Application No. GPA 2022- 01, and Rezone Application No. RZN 2022-01 – A request for a GPA and RZN to amend the General Plan land use designation from LI, Limited Industrial to PF, Public Facility and rezone the property from M-1, Limited Industrial to P-F, Public or Quasi-public Facilities on City–owned properties, consisting of five parcels totaling approximately 4.58 acres located north of D Street, between Sixth Street and the Southern Pacific railroad tracks and south of C Street east of Sixth Street to allow for the development of a City Recreation Complex facility (Livingston Rec-Plex) consisting of Assessor’s Parcel Numbers 024-153-003, 024-153-004, 024-153-011, 024-154-004, and 024-154-005.

MEETING DATE: September 15, 2026
PREPARED BY: Jailah Smith, Contract City Planner
REVIEWED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:

1. Adopt Resolution No. 2026-XX, adopting Initial Study/Mitigated Negative Declaration and a Mitigation Monitoring Program prepared in compliance with CEQA; and approving General Plan Amendment No. GPA 2022-01, re-designating five properties located at APN 024-153-003; 641 Sixth Street (APN 024-153-011); 1822 C Street (APN 024-154- 005); 1736 C Street (APN 024-153-004); and 1801 D Street (APN 024-154-004) from LI.

Limited Industrial to PF, Public Facility to allow for the development of a City Recreation Complex (Rec Plex).

2. Introduce and waive the first reading of Ordinance No. 2026-XX, approving Rezone No.

RZN 2022-01 to amend the Official Zoning Map to rezone 4.58 acre of the parcels located between Sixth Street and the Southern Pacific railroad tracks and south of C Street, east of Sixth Street from M-1, Limited Industrial to P-F, Public or Quasi-public Facilities consisting of Assessor Parcel Numbers 024-153-003, 024-153-004, 024-153-011, 024- 154-004, and 024-154-005 and set the Ordinance for second reading and adoption at the next regular meeting of the City Council.

BACKGROUND AND DISCUSSION:

In December of 2021, the City of Livingston received 7.39 million dollars from the Prop 68 grant

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program for the Proposed Project, the Livingston Rec-Plex.

The Proposed Project involves a General Plan Amendment, a Rezone, and Site Plan and Design Review. Collectively, these entitlements will authorize the phased development of a City-owned recreation complex, to be implemented as funding becomes available. The Proposed Project includes partial demolition of the existing Livingston Farmers Association warehouse building to make possible the construction of a new, approximately 9,000 square foot, recreation building and associated site improvements.

The remainder of the existing warehouse will be retained for a future renovation project, preserving opportunities for phased development. In addition, open areas to the north and northeast of the new recreation building are planned for future park amenities, including basketball courts, recreational gathering spaces, and on-site parking.

The Project Site is identified with the Assessor Parcel Numbers (APN) identified below.

Location APN Acreage Land Use
1 No Address 024-153-003 0.26 Paved parking lot
2 641 Sixth Street 024-154-005 0.79 Warehouse facility (formerly used by the Livingston Farmers Association.)
3 1822 C Street 024-153-011 1.0 Unsurfaced outside storage area with a metal building and perimeter fencing.
4 1736 C Street 024-153-004 0.26 Single-family home with detached accessory structure.
5 1801 D Street 024-154-004 2.27 Vacant land
ANALYSIS:

As stated above, the Proposed Project includes a General Plan Amendment, a Rezone, and Site Plan and Design Review application to authorize the phased development of a City-owned recreation complex on 4.58-acres located north of D Street, between Sixth and the Southern Pacific railroad tracks and south of C Street east of Sixth Street. The Proposed Project includes five (5) parcels, as detailed in the tables above, see Attachment 8.

The Proposed Project includes partial demolition of the existing Livingston Farmers Association warehouse building (APN: 024-153-011) for the construction of a new approximately 9,000 square foot recreation building and associated site improvements. The remainder of the existing warehouse building will be retained for a future renovation project. In addition, open areas to the north and northeast of the new recreation building are planned for future park amenities, including basketball courts, recreational gathering spaces, and on-site parking.

Parcel 1 (APN: 024-153-003) is currently used as a parking lot for the adjacent business. Parcel 4 (APN: 024-153-004) currently contains a single-family home with a detached accessory structure that will be demolished as part of the Proposed Project.

Parcel 3 (APN: 024-154-005) is currently an undeveloped lot that has historically been used for outdoor storage. Parcel 5 (APN: 024-154-004) is currently a vacant parcel with some vegetation.

Frontage improvements including sidewalks will be replaced around the Project site and new landscaping installed around the building. The Proposed Project will connect to the existing City utilities.

Project Phasing

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The Proposed Project is planned to be implemented in multiple phases. The first phase will involve the partial demolition of the eastern portion of the existing warehouse building and the construction of a new approximately 9,000 square foot recreation building on Parcel 2 (APN 024- 153-011). The building is designed to accommodate a variety of community-serving functions, including a 6,156 square foot gymnasium, two 353 square foot studio classrooms, 198 square foot restrooms, a 138 square foot storage room, and a 293 square foot lobby area. Site improvements will include the reconstruction of sidewalks throughout the project area to enhance pedestrian circulation and the installation of new landscaping to improve aesthetics and create a welcoming environment.

The next phase will include the development of a new playground, community garden, and associated parking areas located between C Street and D Street, east of 7th Street up to the railroad corridor, providing accessible recreational amenities for the Livingston community. The playground will include a multi-use park space featuring a community garden, splash pad, and outdoor exercise equipment. This phase will also include the development of two basketball courts and an additional parking lot west of 7th Street, north of the alleyway. The existing structures on Parcel 4 will be demolished. Another phase will address the remaining western portion of the existing warehouse. This building will include a multi-purpose room, offices, teens and senior centers, and a kitchen. Landscaping improvements will be added along the frontage of the building. These improvements will be completed as funding becomes available.

A future phase will consist of street and alley modifications to improve site connectivity and pedestrian safety. This phase includes the closure of 7th Street between C and D Streets and the closure of a portion of the alley between C and D Streets and 6th and 7th Streets. These closures will allow for the integration of the five (5) parcels into a unified recreational campus and enhance safety, by limiting through-traffic in active recreational areas. The proposed street closure will be processed under a separate entitlement process.

Programming and Operations
The proposed hours of operation for the recreation building are from 8:00 a.m. to 9:00 p.m. Office hours will be from 8:00 a.m. to 5:00 p.m. Community use of the gymnasium will be from 4:00 p.m. to 9:00 p.m. An estimated number of three employees will be present during office hours, and three other employees will be present during recreation activities between the hours of 4:00 p.m. to 9:00 p.m. Use of the Gymnasium may include up to 100 participants daily. The use of the recreation center would offer individual and group athletic and exercise activities. The center may offer sport classes, camps, and leagues (basketball and volleyball).

General Plan Amendment
As described above, the Project site is designated Limited Industrial (LI) in the City of Livingston General Plan Land Use Diagram. The LI designation is intended to accommodate a range of industrial and employment-generating uses, including fabrication, assembly, research and development, and low-intensity warehousing. Because the Proposed Project involves development of a community-serving public recreational facility, the existing land use designation is inconsistent with the intended use of the Project site. To ensure consistency with the City’s long-term land use policies, the General Plan Land Use Diagram will be amended to change the land use designation from Limited Industrial (LI) to Public Facility (PF) for the Project site.

Rezone
The Project site is currently zoned Limited Industrial (M-1), consistent with its existing

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development, which includes the Livingston Farmers Association warehouse, as well as surrounding uses such as an automobile dealership and other warehouse and light industrial facilities. The M-1 zoning district is intended to implement industrial land use policies and primarily accommodate industrial, manufacturing, and employment-generating uses, including fabrication, assembly, warehousing, and related commercial-support activities.

In contrast, the Public or Quasi-Public Facilities (PF) zoning district is intended to accommodate public and institutional uses, including parks, recreational facilities, community centers, schools, and other civic-serving developments. The PF zoning district establishes development standards appropriate for these uses, including site planning, building height, setbacks, parking, and landscaping requirements that are tailored to civic and public facilities rather than industrial operations.

A city-owned recreation complex is classified as a civic and institutional use and is therefore generally not permitted within industrial zoning districts. To ensure zoning consistency with the proposed use and the City’s long-term land use objectives, the Proposed Project requires a rezone of the site from M-1, Limited Industrial, to P-F, Public or Quasi-Public Facilities. This rezone will provide the appropriate framework for the Proposed Project and ensure that all future improvements, operations, and site modifications comply with standards applicable to public and community-serving facilities.

A Location Map, which illustrates the Proposed Project’s location, is provided below:

Park and Recreation Master Plan:

The Proposed Project is also consistent with the City’s Parks and Recreation Master Plan (Master Plan). The Master Plan calls for a multi-purpose recreation building that includes space for basketball games, restrooms, storage space, and recreational classroom space. As stated above, Phase One of the Proposed Project will include the construction of a new gymnasium with basketball courts, two (2) studio classrooms, a storage closet, and two (2) restrooms. The Master Plan also calls for this recreational building to be located south of Highway 99, central to the community, be accessible from a major street, and have ample parking space, which the Proposed Project is consistent with. The Proposed Project includes a splash pad in the park component and outdoor basketball courts, which are also consistent with the recommendations for other recreation facilities in the Master Plan.

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ISSUES
Two issues related to traffic safety (speeding and pedestrian traffic) will be assessed by City staff.

The future closure of 7th Street between C and D Streets will be evaluated with emergency response staff. The closure will allow a vehicle free area between the Rec Plex and the future improvements east of the 7th Street, but the closure may result in a new emergency response route. The timing of the closure has not been determined, but it will be coordinated with the development of the future park site.

In addition, staff will evaluate traffic calming improvements along D street to address both pedestrian and vehicular traffic. Possible improvements may include adding stop signs, crosswalks and street signage at the intersections of D and 6th Streets and D and 7th Streets.

GENERAL PLAN
The 1999 Livingston General Plan included the following Land Use and Recreation Objectives:
• 3.1 Objective A: A well-balanced mix of residential, commercial, industrial, and open space/public land uses which create and maintain a high-quality environment and a fiscally sound community.
o Policy 4: General Plan amendments shall be processed concurrently with the appropriate rezoning and/or other appropriate special permit application. • 5.3 Objective A: To provide recreational opportunities including local parks for the existing community, and projected population in future growth areas. o Policy 1: Distribute adequate park facilities throughout the City to provide organized and informal recreation opportunities and open space for City residents. o Policy 12: Provide active recreation facilities in several locations in the City to accommodate community needs.
o Policy 17: Alternative sites to those shown on the Land Use map may be permitted through a General Plan Amendment.
o Policy 23: Seek State, Federal, and local grants to improve City recreation services and facilities.

ENVIRONMENTAL REVIEW:

An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared per the requirements of the California Environmental Quality Act (CEQA) of 1970 (California Public Resources Code Section 21000, et seq.), and the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.).

The City of Livingston, as the Lead Agency, has prepared the Initial Study, which considers the potential environmental effects of the Proposed Project. The Initial Study shows that there is no substantial evidence, in light of the whole record before the Lead Agency, that the Proposed Project may have a potentially significant effect on the environment, provided that the following mitigation measure are included in the Proposed Project:

Mitigation Measure CUL-1: In accordance with Section 15064.4(e) of the CEQA Guidelines, in the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps shall be taken:
• There shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlie adjacent human remains until:
o The coroner of the County in which the remains are discovered must be

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contacted to determine that no investigation of the cause of death is required; o If the coroner determines the remains to be Native American:
• The coroner shall contact the Native American Heritage Commission within 24 hours. • The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. • The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resources Code Section 5097.98.

A Notice of Intent to adopt a Mitigated Negative Declarations was published on June 10, 2026, for a 30-day review period on the State’s CEQAnet online environmental review platform at the Merced County Clerk Recorder and was provided to affected responsible and trustee agencies.

Only one comment letter was received from the San Joaquin Valley Air Pollution Control District was received, see Attachment 17.

PLANNING COMMISSION ACTIONS AND RECOMMENDATION:

The Planning Commission held a Public Hearing on August 11, 2026, to consider this Proposed Project. Staff attended the meeting to present the Proposed General Plan Amendment, Rezone, and, Site Plan and Design Review and answer questions from the Commission. At the conclusion of the public comments, the Commission voted 4-0 to adopt the Resolutions to approve the Site Plan and Design Review and to adopt the Resolutions recommending approval of the General Plan Amendment and Rezone to the City Council, subject to findings contained in the Resolution.

PUBLIC NOTICE
A Public Hearing Notice announcing the proposed General Plan Amendment and Rezone was published in the newspaper on August 28, 2026. Any public comments received will be provided to the City Council on the Hearing date.

FISCAL IMPACT:

Staff time and resources have been utilized for the processing of this application.

ATTACHMENTS:

1. GPA 2022-01 - City Council Resolution 2026-XX

2. Rezoning 2022-01 - City Council Ordinance 2026-XX

3. GPA 2022-01- Planning Commission Resolution 2026-15

4. Rezoning 2022-01 -Planning Commission Resolution 2026-16

5. SPDR 2025-05 - Planning Commission Resolution 2026-17

6. Project Location Maps

7. Existing and Proposed Land Use Designations

8. Existing and Proposed Zoning

9. Site and Phasing Plan

10. Proposed Street and Alley Closure

11. Phase One Elevations

12. Phase One Utility Plan

13. Phase One Planting Plan

14. Phase One Materials Plan

15. Initial Study/Mitigated Negative Declaration

16. Mitigation Monitoring & Reporting Program

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17. Letter from the San Joaquin Valley Air Pollution Control District dated July 1, 2026

18. Affidavits of Publication of Public Hearing Notices

19. Tribal Consultation letters dated March 13, 2026

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ATTACHMENT 1
CITY COUNCIL RESOLUTION 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADOPTING THE

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING

PROGRAM PREPARED IN COMPLIANCE WITH CEQA, AND APPROVING GENERAL PLAN AMENDMENT (GPA 2022-01) RE-DESIGNATING FIVE PROPERTIES LOCATED AT APN:
024-153-003; 641 SIXTH STREET (APN: 024-153-011); 1822 C STREET (APN: 024-154-005); 1736 C STREET (APN: 024-153-004); AND 1801 D STREET (APN: 024-154-004) FROM LI,

LIMITED INDUSTRIAL TO PF, PUBLIC FACILITY TO ALLOW FOR THE DEVELOPMENT OF A CITY RECREATION COMPLEX (REC-PLEX).

WHEREAS, pursuant to Title 5, Chapter 6, Section 2(B)(4) of the Livingston Municipal Code (LMC), the City Planner, by the authority of the City Manager, has prepared a general plan amendment to redesignate five properties within the City of Livingston (the "Subject Properties"); and
WHEREAS, General Plan Amendment No. GPA 2022-01 would amend the General Plan Land Use Diagram to re-designate the Subject Properties from Limited Industrial (LI) to Public Facility (PF); and
WHEREAS, General Plan Amendment No. GPA 2022-01 is being processed concurrently with Rezone No. RZN 2022-01, which amends the Official Zoning Map to rezone the Subject Properties from M-1 (Limited Industrial) to P-F (Public or Quasi Public Facilities), which is adopted by separate ordinance; and
WHEREAS, the Planning Commission reviewed the proposed general plan amendment at a duly noticed public hearing on August 11, 2026, and fully considered all comments, whether oral or written, regarding the proposed amendment; and
WHEREAS, the Planning Commission, in a vote of 4-0, adopted a Resolution recommending that the City Council approve the general plan amendment, subject to the findings contained in the Resolution; and
WHEREAS, the City Council held a duly noticed public hearing on September 15, 2026, regarding the proposed general plan amendment, 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 determines that the proposed general plan amendment is consistent with the 1999 Livingston General Plan Land Use Element Objective A, “A well-balanced mix of residential, commercial, industrial, and open space/public land uses which create and maintain a high quality environment and a fiscally sound community” and the Open Space, Conservation, and Recreation Element Objective A, “To provide recreational opportunities including local parks for the existing community, and projected population in future growth areas”; and

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WHEREAS, the City of Livingston, as the lead agency, has prepared an Initial Study/Mitigated Negative Declaration to analyze potential changes in environmental effects associated with General Plan Amendment No. GPA 2022-01 and Rezone No. RZN 2022-01; and WHEREAS, the City Council has reviewed the Initial Study/Mitigated Negative Declaration prepared for the project, which determined that the proposed general plan amendment, with mitigation, would have less than significant environmental impacts under the California Environmental Quality Act (“CEQA”).

WHEREAS, in accordance with Senate Bill 18, formal consultation requests were distributed to Native American Tribes on May 12, 2023, for a 90-day period ending on August 10, 2023, and the City did not receive any formal requests for consultation; and WHEREAS, in accordance with Assembly Bill 52 (Public Resources Code Sections 21080.3.1 and 21082.3) the City (provided formal notification to/received no request for notification from) California Native American tribes traditionally and culturally affiliated with the project area, and [no tribe requested consultation within 30 days of the formal notification/the tribal consultation process was undertaken and concluded] pursuant to Public Resources Code Section 21080.3.2 prior to release of the Initial Study/Mitigated Negative Declaration.

WHEREAS, a Notice of Public Hearing was advertised in the Merced Sun Star, a newspaper of general circulation, on August 28, 2026. In addition, the Public Notice was emailed to the City's Public Hearing subscribers and interested parties on August 26, 2026, 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 Resolution 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 Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby finds and resolves as follows:

Section 1. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council finds that the Initial Study/Mitigated Negative Declaration has been prepared in compliance with CEQA Guidelines Sections 15070 through 15075 and hereby adopts the Mitigated Negative Declaration and its Mitigation Monitoring and Reporting Program.

Section 3. The City Council finds that General Plan Amendment No. GPA 2022-01 maintains the internal consistency of the General Plan pursuant to California Government Code Section 65300.5 and is consistent with the goals and policies of the Livingston General Plan.

Section 4. The City Council hereby approves General Plan Amendment No. GPA 2022-01, amending the General Plan Land Use Diagram to re-designate the Subject Properties, identified as Assessor's Parcel Numbers 024-153-003, 024-

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153-011, 024-154-005, 024-153-004, and 024-154-004 and consisting of approximately 4.58 acres, from Limited Industrial (LI) to Public Facility (PF), as depicted on the existing and proposed land use maps attached hereto as Exhibit A and incorporated herein by this reference.

Section 5. The re-designation approved by this Resolution shall become effective concurrently with the effective date of the ordinance approving Rezone No. RZN 2022-01, so that the General Plan Land Use Diagram and the Official Zoning Map are amended consistently.

AYES:

NOES:

ABSENT:

ABSTAIN:

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

APPROVED AS TO LEGAL FORM
________________________
City Attorney or Assistant City Attorney
of City of Livingston
Exhibit A: General Plan Amendment Map for GPA 2022-01

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ATTACHMENT 2
ORDINANCE NO. 2026-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING RZN 2022-01 TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF LIVINGSTON TO REZONE 4.58-ACRE OF THE FIVE PARCELS LOCATED BETWEEN SIXTH STREET AND

THE SOUTHERN PACIFIC RAILROAD TRACKS AND SOUTH OF C STREET, EAST OF SIXTH STREET FROM M-1 (LIMITED INDUSTRIAL) TO P-F (PUBLIC OR QUASI PUBLIC FACILITIES) CONSISTING OF ASSESSOR PARCEL NUMBERS 024-153-003, 024-153-004, 024-153-011, 024-154-004 AND 024-154-005.

WHEREAS, pursuant to Title 5, Chapter 6, Section 2(B)(4) of the Livingston Municipal Code (LMC), the City Planner, by the authority of the City Manager, has prepared rezones to five properties, consisting of approximately 4.58 acres (the "Subject Properties"); and WHEREAS, the Subject Property is currently designated Limited Industrial (LI) on the General Plan Land Use Diagram and zoned M-1 (Limited Industrial), and the City proposes to redesignate the Subject Property to Public Facility (PF) and to rezone it to P-F (Public or Quasi Public Facilities); and
WHEREAS, Rezone No. RZN 2022-01 is adopted concurrently with, and to implement, General Plan Amendment No. GPA 2022-01, which re-designates the Subject Property to Public Facility; 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 September 15, 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 P-F is consistent with the Livingston General Plan, as amended by GPA 2022-01, including General Plan Land Use Element Objective A, “A well-balanced mix of residential, commercial, industrial, and open space/public land uses which create and maintain a high quality environment and a fiscally sound community” and the Open Space, Conservation, and Recreation Element Objective A, “To provide recreational opportunities including local parks for the existing community, and projected population in future growth areas”; and

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WHEREAS, in accordance with Senate Bill 18, formal consultation requests were distributed to Native American Tribes on May 12, 2023, for a 90-day period ending on August 10, 2023, 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 August 28, 2026, not less than 10 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 Initial Study/Mitigated Negative Declaration has been prepared in compliance with CEQA Guidelines Sections 15070 through 15075 and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

Section 3. Amendment of the Official Zoning Map. The Official Zoning Map of the City of Livingston is hereby amended to reclassify the Subject Properties, identified as Assessor's Parcel Numbers 024-153-003, 024-153-011, 024-154-005, 024-153-004, and 024-154-004 and consisting of approximately 4.58 acres, from M-1 (Limited Industrial) to P-F (Public or Quasi Public Facilities), 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 P-F (Public or Quasi Public Facilities) zoning classification established by this Ordinance is consistent with the Livingston General Plan, as amended by General Plan Amendment No. GPA 2022-01, 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

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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.

INTRODUCTION AND FIRST READING. The foregoing Ordinance was introduced and given its first reading, and the further reading thereof was waived, at a regular meeting of the City Council of the City of Livingston held on the 15th day of September 2026, and was set for second reading and adoption at a subsequent regular meeting of the City Council to be held on the ___ day of October, 2026.

The foregoing Ordinance was introduced at first reading by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED, AND ADOPTED at the second reading by the City Council of the City of Livingston at a regular meeting held on the ___ day of __________, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

APPROVED AS TO LEGAL FORM
________________________
City Attorney or Assistant City Attorney
of City of Livingston
Exhibit A: Rezoning Map for RZN 2022-01

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Docusign Envelope ID: 47D5124F-CE79-88F6-80F2-B6254E2BAD9E PLANNING COMMISSION RESOLUTION 2026-15

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON

RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT (GPA 2022-01) TO FIVE PROPERTIES LOCATED AT APN: 024-153- 003; 641 SIXTH STREET (APN: 024-153-011); 1822 C STREET (APN: 024-154-005); 1736 C STREET (APN: 024-153-004); AND 1801 D STREET (APN: 024-154-004) TO

ALLOW FOR THE DEVELOPMENT OF A CITY RECREATION COMPLEX (REC-PLEX) WHEREAS, pursuant to Title 5, Chapter 6, Section 2 (B) 4 of the Livingston Municipal Code (LMC), the City Planner, by the Authority of the City Manager, has prepared general plan amendments to five properties with the City of Livingston; and WHEREAS, the Planning Commission, has reviewed the proposed general plan amendments at a duly noticed public hearing on August 11, 2026, and has fully considered all comments whether orally or in writing regarding the proposed general plan amendments; and
WHEREAS, LMC Section 5-6-2 (A) states that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code, Section 65860 and the Planning Commission determines that the proposed general plan amendments are consistent with the 1999 Livingston General Plan Land Use Element Objective A, “A wellbalanced mix of residential, commercial, industrial, and open space/public land uses which create and maintain a high quality environment and a fiscally sound community” and the Open Space, Conservation, and Recreation Element Objective A, “To provide recreational opportunities including local parks for the existing community, and projected population in future growth areas”; and
WHEREAS, the Planning Commission has reviewed a Mitigated Negative Declaration prepared for the project, which determined that the proposed general plan amendments, with mitigation, would have less than significant environmental impacts under the California Environmental Quality Act (“CEQA”).

NOW, THEREFORE, BE IT RESOLVED that the Livingston Planning Commission hereby adopts Resolution 2026-15, recommending that the City Council amend the General Plan Land Use Diagram as depicted on the attached Exhibit.

The foregoing resolution was introduced and moved for adoption on August 11, 2026, by Commissioner Steve Bassi, and being duly seconded by Commissioner Jatinder Mann, was passed by the following vote:

AYES: Commissioner Seve Bassi, Commissioner Jatinder Mann, Alternate Commissioner Mohinder Kanda and Vice-Chair Jose Flores
NOES: None
ABSENT: Commissioner Jasneil Singh and *Chair Renee Mendonca ABSTAIN: None
ATTACHMENT 3

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Docusign Envelope ID: 47D5124F-CE79-88F6-80F2-B6254E2BAD9E *Note- Chair Renee Mendonca resigned as of August 11, 2026 via email.

ATTEST:

Jose Flores, Miguel Galvez,
Vice-Chair Secretary of the Planning Commission
Attachment:

GPA Map

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Docusign Envelope ID: 47D5124F-CE79-88F6-80F2-B6254E2BAD9E Livingston1 Rex-Plex
Proposed General Plan Land Use Designation
LEGEND
PF - PublicJQuasi Pubtic Facillties
02128/2023

Page 133 of 314 ends

Docusign Envelope ID: 47D5124F-CE79-88F6-80F2-B6254E2BAD9E PLANNING COMMISSION RESOLUTION 2026-16

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A REZONE (RZN 2022- 01) TO FIVE PROPERTIES LOCATED AT APN: 024-153-003; 641 SIXTH STREET (APN: 024-153-011); 1822 C STREET (APN: 024-154-005); 1736 C STREET (APN:
024-153-004); AND 1801 D STREET (APN: 024-154-004) TO ALLOW FOR THE

DEVELOPMENT OF A CITY RECREATION COMPLEX (REC-PLEX)
WHEREAS, pursuant to Title 5, Chapter 6, Section 2 (B) 4 of the Livingston Municipal Code (LMC), the City Planner, by the Authority of the City Manager, has prepared rezones to five properties with the City of Livingston; and
WHEREAS, the Planning Commission reviewed the proposed rezones at a duly noticed public hearing on August 11, 2026, and has fully considered all comments whether orally or in writing regarding the proposed rezones; and
WHEREAS, LMC Section 5-6-2 (A) states that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code, Section 65860 and the Planning Commission determines that the proposed rezones are consistent with the 1999 Livingston General Plan Land Use Element Objective A, “A well-balanced mix of residential, commercial, industrial, and open space/public land uses which create and maintain a high quality environment and a fiscally sound community” and the Open Space, Conservation, and Recreation Element Objective A, “To provide recreational opportunities including local parks for the existing community, and projected population in future growth areas”; and WHEREAS, the Planning Commission has reviewed a Mitigated Negative Declaration prepared for the project, which determined that the proposed rezones, with mitigation, would have less than significant environmental impacts under the California Environmental Quality Act (“CEQA”).

NOW, THEREFORE, BE IT RESOLVED that the Livingston Planning Commission hereby adopts Resolution 2026-16 recommending that the City Council amend the Zoning Map as depicted on the attached Exhibit.

ATTACHMENT 4

Page 134 of 314 ends

Livingston City CouncilSeptember 15, 2026

Livingston City Council
September 15, 2026