85 | P a g e
MITIGATION MEASURES:
Mitigation is not required for this topic.
86 | P a g e
20. WILDFIRE -- Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
If located in or near State responsibility areas or
lands classified as very high fire hazard severity
zones, would the project:
X
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan? X
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
X
c) Require the installation of associated
infrastructure (such as roads, fuel breaks,
emergency water sources, power lines or other
utilities) that may exacerbate fire risk or that may
result in temporary or ongoing impacts to the
environment?
X
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
X
IMPACT ANALYSIS
The following discussion is an analysis for criteria (a), (b), (c), and (d):
a. Would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
b. Would the project due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c. Would the project require the installation of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d. Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
87 | P a g e
Appendix G of the CEQA Guidelines states that a project would have significant impacts if it is located in or near State responsibility areas (SRAs) or lands classified as very high fire hazard severity zones (VHFHSZ) and impacts an adopted emergency response plan, exacerbate wildfire risks, require the installation/maintenance of associated infrastructure, or expose people or structures to significant risks.
The identification of SRAs and VHFHSZ zones are the responsibility of California Department of Forestry and Fire Protection. Based on a review of Section 3.9 Public Safety of the General Plan EIR and CAL FIRE and the Board of Forestry and Fire Protection’s State Responsibility Map, the Project site is not located in or near any State Responsibility Areas. Therefore, the Proposed Project will have a Less Than Significant Impact.
MITIGATION MEASURES:
Mitigation is not required for this topic.
88 | P a g e
21. MANDATORY FINDINGS OF SIGNIFICANCE --
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number
or restrict the range of a rare or endangered
plant or animal or eliminate important examples
of the major periods of California history or
prehistory?
X
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects)?
X
c) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
X
IMPACT ANALYSIS
a. Does the project have the potential to substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Finding (a) is checked as “Less Than Significant Impact” on the basis of the Proposed Project’s potential impacts on biological resources, as described in Section 3.0-IV of this Initial Study. The analysis contained in this Initial Study determined the impact to Biological Resources was Less Than Significant. b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in the connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
89 | P a g e
As described in this Initial Study, the potential environmental effects of the Proposed Project will either be less than significant or will have no impact at all. Where the Proposed Project involves potentially significant impacts, these impacts would have a Less Than Significant Impact with mitigation measures incorporated.
The potential environmental impacts identified in this Initial Study have been considered in conjunction with each other as to their potential to generate other potentially significant impacts. The various potential environmental impacts of the Proposed Project will not combine to generate any potentially significant cumulative impacts.
The City of Livingston 1999 General Plan and EIR comprehensively account for ongoing and foreseeable urban development within the City’s “Planning Area” and the cumulative environmental impacts of planned development. Future urban development in the City of Livingston includes the provision of roads, utilities, schools, and recreational facilities needed to serve City residents and visitors as their demands for urban services increase over time.
The potential environmental impacts associated with the Proposed Project represent a portion of the environmental consequences of the planned growth and development permitted by the 1999 General Plan. The Proposed Project will not result in any substantial contribution to any of the significant cumulative impacts identified in the 1999 General Plan EIR. c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
This Initial Study has considered the potential environmental impacts of the Proposed Project in the discrete issue areas outlined in the CEQA Environmental Checklist. During the environmental analysis, the potential for the Proposed Project to result in substantial impacts on human beings in these issue areas, as well as the potential for substantial impacts on human beings to occur outside of these issue areas, was considered, but they were identified to be Less Than Significant with Mitigation Incorporation.
90 | P a g e
REFERENCES
In accordance with Section 15063(a)(3) of the CEQA Guidelines, the following expert opinion, technical studies, and substantial evidence has been referenced and/or cited in the discussion included in the Initial Study Checklist:
City of Livingston General Plan, dated December 1999.
City of Livingston General Plan Environmental Impact Report (EIR), dated December 1999.
City of Livingston Parks and Recreation Master Plan, dated October 2006.
City of Livingston 2020 Urban Water Management Plan, dated February 2022.
City of Livingston Wastewater Collection System Master Plan, dated July 2007.
City of Livingston Municipal Services Review, dated February 2018.
City of Livingston Municipal Code.
California Department of Transportation Online Database of State Scenic Highways (www.dot.ca.gov/hq/LandArch/scenic/cahisys.htm).
California Department of Conservation Farmland Mapping and Monitoring Program.
Guide for Assessing and Mitigating Air Quality Impacts, adopted March 19, 2015, by the San Joaquin Valley Air Pollution Control District.
List of Preparers
Jailah Smith, Contract Associate Planner
Miguel Galvez, Contract City Planner
91 | P a g e
Appendix A
San Joaquin Valley Air Pollution Control District Letter
December 4, 2025
Martha Abeloe
City of Livingston
Community Development
1416 C. Street
Livingston, CA 95334
Project: General Plan Amendment No. PGA 2022-01, Rezone Application No. RZN 2022-001, Street Closure Application No. 2022-01, Site and Design Review Application No. 2025-05 – Livingston Rec-Plex
District CEQA Reference No: 20251362
Dear Ms. Abeloe:
The San Joaquin Valley Air Pollution Control District (District) has reviewed the General Plan Amendment (GPA), Rezone Application (RZN), Street Closure Application (SCA), and Site and Design Review Application (SDR) from the City of Livingston (City). Per the GPA/RZN/SCA/SDR, the project consists of the development of a City Recreation Complex Facility (Livingston Rec-Plex) with the partial demolition of the existing warehouse building, the construction of a new 9,000 square foot recreation building to include gym space, studio classrooms, restrooms, and support spaces, improvements to the landscaping, new playground and parking lots, closure of connecting streets and alleyway, with the eventual demolition or remodel of the remaining existing warehouse building to accommodate additional recreational facilities (Project). The Project is located at 641 6th St, in Livingston, CA.
The District offers the following comments at this time regarding the Project:
Project Related Emissions
At the federal level under the National Ambient Air Quality Standards (NAAQS), the District is designated as extreme nonattainment for the 8-hour ozone standards and serious nonattainment for the particulate matter less than 2.5 microns in size (PM2.5) standards. At the state level under California Ambient Air Quality Standards (CAAQS), the District is designated as nonattainment for the 8-hour ozone, PM10, and PM2.5 standards.
■ San Joaquin Valley - AIR POLLUTION CONTROL DISTRICT
1)
Northern Region
4800 Enterprise Way
Modesto, CA 95356-8718
Tel: (209) 557-6400 FAX: (209) 557-6475
Samir Sheikh
Executive Director/Air Pollution Control Officer
Central Region (Main Office)
1990 E. Gettysburg Avenue
Fresno, CA 93726-0244
Tel: (559) 230-6000 FAX: (559) 230-6061
www.valleyair.org www.healthyairliving.com
vJ
HEALTHY AIR LIVING™
Southern Region
34946 Flyover Court
Bakersfield, CA 93308-9725
Tel: (661) 392-5500 FAX: (661) 392-5585
Pri'l!edonrecycledpaper. 0
San Joaquin Valley Air Pollution Control District Page 2 of 8 District Reference No: 20251362
December 4, 2025
Based on information provided to the District, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any of the significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI):
https://ww2.valleyair.org/media/g4nl3p0g/gamaqi.pdf.
Construction Emissions
The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment.
Health Risk Screening/Assessment
The City should evaluate the risk associated with the Project for sensitive receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) in the area and mitigate any potentially significant risk to help limit exposure of sensitive receptors to emissions.
To determine potential health impacts on surrounding receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) a Prioritization and/or a Health Risk Assessment (HRA) should be performed for the Project. These health risk determinations should quantify and characterize potential Toxic Air Contaminants (TACs) identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board (OEHHA/CARB) that pose a present or potential hazard to human health.
Health risk analyses should include all potential air emissions from the project, which include emissions from construction of the project, including multi-year construction, as well as ongoing operational activities of the project. Note, two common sources of TACs can be attributed to diesel exhaust emitted from heavy-duty off-road earth moving equipment during construction, and from ongoing operation of heavy-duty on-road trucks.
Prioritization (Screening Health Risk Assessment):
A “Prioritization” is the recommended method for a conservative screening-level health risk assessment. The Prioritization should be performed using the California Air Pollution Control Officers Association’s (CAPCOA) methodology. Please contact the District for assistance with performing a Prioritization analysis.
The District recommends that a more refined analysis, in the form of an HRA, be performed for any project resulting in a Prioritization score of 10 or greater. This is because the prioritization results are a conservative health risk representation, while the detailed HRA provides a more accurate health risk evaluation.
1a)
2) ----------
San Joaquin Valley Air Pollution Control District Page 3 of 8 District Reference No: 20251362
December 4, 2025
Health Risk Assessment:
Prior to performing an HRA, it is strongly recommended that land use agencies/ project proponents develop and submit for District review a health risk modeling protocol that outlines the sources and methodologies that will be used to perform the HRA.
A development project would be considered to have a potentially significant health risk if the HRA demonstrates that the health impacts would exceed the District’s established risk thresholds, which can be found here:
https://ww2.valleyair.org/permitting/ceqa/.
A project with a significant health risk would trigger all feasible mitigation measures.
The District strongly recommends that development projects that result in a significant health risk not be approved by the land use agency.
The District is available to review HRA protocols and analyses. For HRA submittals please provide the following information electronically to the District for review:
• HRA (AERMOD) modeling files
• HARP2 files
• Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies.
For assistance, please contact the District’s Technical Services Department by:
• E-Mailing inquiries to: [email protected]
• Calling (559) 230-5900
Recommended Measure: Development projects resulting in TAC emissions should be located an adequate distance from residential areas and other sensitive receptors to prevent the creation of a significant health risk in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective located at https://ww2.arb.ca.gov/our-work/programs/resource-center/strategydevelopment/land-use-resources.
Ambient Air Quality Analysis
An Ambient Air Quality Analysis (AAQA) uses air dispersion modeling to determine if emissions increases from a project will cause or contribute to a violation of State or National Ambient Air Quality Standards. The District recommends an AAQA be performed for the Project if emissions exceed 100 pounds per day of any pollutant.
3) --------
San Joaquin Valley Air Pollution Control District Page 4 of 8 District Reference No: 20251362
December 4, 2025
An AAQA uses air dispersion modeling to determine if emission increase from a project will cause or contribute to a violation of State or National Ambien Air Quality Standards. An acceptable analysis would include emissions from both projectspecific permitted and non-permitted equipment and activities. The District recommends consultation with District staff to determine the appropriate model and input data to use in the analysis.
Specific information for assessing significance, including screening tools and modeling guidance, is available online at the District’s website:
https://ww2.valleyair.org/permitting/ceqa/.
Vegetative Barriers and Urban Greening
There are residential units located near the Project. The District suggests the City consider the feasibility of incorporating vegetative barriers and urban greening as a measure to further reduce air pollution exposure on sensitive receptors (e.g., residential units).
While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, vegetative barriers have been shown to be an additional measure to potentially reduce a population’s exposure to air pollution through the interception of airborne particles and the update of gaseous pollutants. Examples of vegetative barriers include, but are not limited to the following: trees, bushes, shrubs, or a mix of these. Generally, a higher and thicker vegetative barrier with full coverage will result in greater reductions in downwind pollutant concentrations. In the same manner, urban greening is also a way to help improve air quality and public health in addition to enhancing the overall beautification of a community with drought tolerant, low-maintenance greenery.
Clean Lawn and Garden Equipment in the Community
Since the Project consists of commercial development, gas-powered commercial lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions. Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at: https://ww2.valleyair.org/grants/zero-emissionlandscaping-equipment-voucher-program/.
4) -----------
5) ---------------
San Joaquin Valley Air Pollution Control District Page 5 of 8 District Reference No: 20251362
December 4, 2025
On-Site Solar Deployment
It is the policy of the State of California that renewable energy resources and zerocarbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public health. The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for the Project.
Electric Infrastructure
To support and accelerate the installation of electric vehicle charging equipment and development of required infrastructure, the District offers incentives to public agencies, businesses, and property owners of multi-unit dwellings to install electric charging infrastructure (Level 2 and 3 chargers). The purpose of the District’s Charge Up! Incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District recommends that the City and project proponents install electric vehicle chargers at project sites, and at strategic locations.
Please visit https://ww2.valleyair.org/grants/charge-up for more information.
District Rules and Regulations
The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes.
The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: https://ww2.valleyair.org/rules-and-planning/current-district-rulesand-regulations. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (209) 557-6446.
6) -------
7) ------
8) ---------
San Joaquin Valley Air Pollution Control District Page 6 of 8 District Reference No: 20251362
December 4, 2025
District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources
Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT).
This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (209) 557-6446.
District Rule 9510 - Indirect Source Review (ISR)
The District has reviewed the information provided and has determined the project size is below the District Rule 9510, section 2.1 applicability threshold of 20,000 square feet of recreational space. Therefore, District Rule 9510 requirements and related fees do not apply to the project.
District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants)
The Project will be subject to District Rule 4002 since the Project will include demolition, removal, and/or renovation of existing structures. To protect the public from uncontrolled emissions of asbestos, this rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Any asbestos present must be handled in accordance with established work practice standards and disposal requirements.
Information on how to comply with District Rule 4002 can be found online at:
https://ww2.valleyair.org/compliance/demolition-renovation/.
District Rule 4601 (Architectural Coatings)
The Project may be subject to District Rule 4601 since it may utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs.
The purpose of this rule is to limit VOC emissions from architectural coatings.
Ba)
Sb)
Be)
8d)
San Joaquin Valley Air Pollution Control District Page 7 of 8 District Reference No: 20251362
December 4, 2025
In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at:
https://ww2.valleyair.org/media/tkgjeusd/rule-4601.pdf
District Regulation VIII (Fugitive PM10 Prohibitions)
The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.
Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950.
The application for both the Construction Notification and Dust Control Plan can be found online at: https://ww2.valleyair.org/media/fm3jrbsq/dcp-form.docx Information about District Regulation VIII can be found online at:
https://ww2.valleyair.org/dustcontrol
Other District Rules and Regulations
The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).
District Comment Letter
The District recommends that a copy of the District’s comments be provided to the Project proponent.
Be)
Bf)
9) -------
San Joaquin Valley Air Pollution Control District Page 8 of 8 District Reference No: 20251362
December 4, 2025
If you have any questions or require further information, please contact Ryan Grossman by e-mail at [email protected] or by phone at (559) 230-6569.
Sincerely,
Mark Montelongo
Director of Policy and Government Affairs
For: Daniel Martinez
Program Manager
1 General Plan Amendment No. GPA 2022-01, Rezone No. RZN 2022-01, Street Closure No. SCA 2022-01, and Site Plan and Design Review No. SPDR 2025-05 – Livingston Rec-Plex Project
Mitigation Monitoring & Reporting Program
June 2026
Exhibit 5
........... _ .. _....._ ■ J.B. ANDl:RSON ■
- -
L AND USE PL ANN I G
2 Introduction
Section 21081.6 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation.
The Initial Study/Mitigated Negative Declaration prepared for the Livingston Rec-Plex (General Plan Amendment No. GPA 2022-01, Rezone No. RZN 2022-01, Street Closure No. SCA 2022-01, and Site Plan and Design Review No. SPDR 2025-05) concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the Proposed Project or are required as a condition of project approval. This Mitigation Monitoring and Reporting Program addresses those measures in terms of how and when they will be implemented.
This document does not discuss those subjects for which the Initial Study/Mitigated Negative Declaration concluded that the impacts from implementation of the Proposed Project would be less than significant.
3 Environmental
Issue
Proposed Mitigation
Mitigation
Monitoring
Reporting
Responsibility
and Timing
Mitigation Reporting and/or Monitoring
Program
Cultural
Resources
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:
1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to
overlie adjacent human remains until;
a) The coroner of the County in which the remains are
discovered must be contacted to determine that no
investigation of the cause of death is required; and,
b) If the coroner determines the remains to be Native
American:
1. The coroner shall contact the Native American
Heritage Commission within 24 hours.
2. The Native American Heritage Commission
shall identify the person or persons it believes
to be the most likely descended from the
deceased Native American.
3. 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.
During Project
Construction.
During Project construction, the Project
Engineer and Construction Manager shall
monitor construction activities for any
discovery of human remains.
STAFF REPORT
AGENDA ITEM: A Resolution Authorizing The City Manager To Execute A Six-Month Amendment To The Agreement With Stephanie Dietz For Continued Assistance With The City's Stand-Alone Fire Department
MEETING DATE: October 6, 2026
PREPARED BY: Jose Antonio Ramirez, City Manager
REVIEWED BY: Happy Bains, Finance Director/Assistant City Manager Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Adopt a resolution authorizing the City Manager to execute a six-month amendment to the agreement with Stephanie Dietz, that reinstates the agreement, extends the term through March 16, 2027, and ratifies the services provided in the interim, at the existing rate of $250 per hour, with no additional funding required.
BACKGROUND AND DISCUSSION:
The City of Livingston has received fire and emergency services from Merced County and CAL FIRE through a contractual agreement that began on July 1, 1988. Prior to this contract, Merced County handled fire protection, but it was not until 1988 that the county's contract with CAL FIRE for fire and emergency medical services was authorized.
The City was successful with its Measure L, 1% sales tax ballot measure that was passed by the Voters in November 2024. In December 2024, the Merced County Board of Supervisors unanimously approved a cost-sharing agreement with the City of Livingston for $1.6 million to fund fire services through June 2026.
The City uses third-party consultants on an as-needed basis to assist with specific projects who bring unique skills, knowledge and expertise. This service will provide the administrative depth necessary to meet the timelines and milestones.
Currently, the City is embarking on establishing its own fire department after evaluating several options related to contracting fire services with other cities and CAL FIRE. There are no Federal or State regulations directing the level of fire service response times and outcomes. Thus, communities have the level of fire services that they can afford, which is not always what they would desire. The City of Livingston strives to provide an adequate level of fire services within the context of limited fiscal resources, competing needs, growing populations and uncertainty surrounding the exact timing of future development.
The overall goal is to have a combination of career and volunteer/reserves firefighters that are trained and equipped to meet the community needs.
The consultant will assist with the organizational planning, facilities, personnel and equipment needs, and the phased implementation of the department (transition plan).
The existing agreement with Stephanie Dietz was approved on September 16, 2025, at a rate of $250 per hour. That agreement terminated by its own terms before this amendment, and Ms. Dietz has continued to provide services in the interim. The proposed amendment reinstates the agreement, extends its term by an additional six months, through March 16, 2027, and ratifies and authorizes payment for the interim services, to allow the consultant to continue supporting the City's transition and implementation efforts. The hourly rate will remain unchanged, and no additional funding is required.
FISCAL IMPACT:
Services provided during the six-month extension will be funded through the City Council’s previously authorized appropriation from Measure L Fund 1231-103-4310. Of the original $50,000 allocation, $18,575 has been expended, leaving a balance of $31,425 available to support the recommended extension.
ATTACHMENTS:
1. Resolution
2. First Amendment to Contract for Consulting Services
3.Contract for Consulting Services
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH STEPHANIE R. DIETZ TO EXTEND THE TERM
FOR SIX MONTHS AT THE EXISTING RATE WITH NO ADDITIONAL
FUNDING REQUIRED
WHEREAS, on September 16, 2025, the City Council adopted Resolution No. 2025-121 authorizing the City Manager to execute an agreement with Stephanie R. Dietz to assist with organizational planning, facilities, personnel and equipment needs, and the phased implementation of a stand-alone fire department; and
WHEREAS, the Agreement terminated by its terms before execution of the First Amendment, and Stephanie R. Dietz has nonetheless continued to provide professional services supporting the City's transition and implementation efforts for the stand-alone fire department; and WHEREAS, the City desires to reinstate the agreement, extend its term for an additional six months, through March 16, 2027, and ratify and authorize payment for the professional services provided after the agreement’s termination and before the First Amendment takes effect; and
WHEREAS, of the original $50,000 authorized from Measure L Fund 1231-103-4310, $18,575 has been expended and $31,425 remains available to support the six-month extension, with no additional funding or appropriation required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:
Section 1. The City Council authorizes the City Manager to execute the First Amendment to the Contract for Consulting Services with Stephanie R. Dietz, substantially in the form attached hereto as Exhibit A, reinstating the agreement and extending the term through March 16, 2027.
Section 2. The City Council ratifies and approves the professional services performed by Stephanie R. Dietz under the agreement after its termination and before the First Amendment takes effect and authorizes payment for those services at the existing rate from the funds identified above, subject to available funding.
Section 3. Except as amended by the First Amendment, all other terms of the agreement will remain unchanged and in full force and effect.
Section 4. This resolution will become effective immediately.
I hereby certify that the foregoing Resolution No. 2026-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 6th day of October 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
City Attorney or Assistant City Attorney
of the City of Livingston
FIRST AMENDMENT TO CONTRACT FOR CONSULTING SERVICES
Six Month No Cost Extension
This First Amendment to Contract for Consulting Services ("Amendment") is entered into as of __________________, 2026, by and between the City of Livingston ("City") and Stephanie R.
Dietz ("Consultant").
City and Consultant entered into a Contract for Consulting Services dated September 16, 2025 ("Agreement"). The parties now wish to reinstate the Agreement, extend its term for six months, and ratify services performed in the interim, in each case without changing the compensation terms.
1. Term Extension; Reinstatement and Ratification. To the extent the Agreement has expired or terminated by its terms, including the automatic termination one hundred twenty (120) days after execution under Section 8(b) of the Agreement, the Agreement is hereby reinstated, effective as of the date of such expiration or termination. The Agreement is extended through March 16, 2027, unless terminated earlier in accordance with the Agreement. Sections 3 and 8(b) of the Agreement are amended so that the Term continues through March 16, 2027, and any automatic or other termination date earlier than March 16, 2027, is superseded by this Amendment. The City hereby ratifies and approves the services performed by Consultant under the Agreement between the date of its expiration or termination and the Effective Date of this Amendment and authorizes payment for those services at the rates set forth in Exhibit B, subject to the City’s existing authorization and available funding. For clarity, the parties acknowledge that the reference in Section 1 of the Agreement to an effective date of “September 16, 2016,” is a scrivener error and that the correct Effective Date of the Agreement is September 16, 2025.
2. No Additional Cost. This Amendment does not change the Consultant's hourly rate or any other compensation term in Exhibit B and does not, by itself, authorize any additional expenditure.
Consultant may bill only for services requested by the City and performed under the Agreement, subject to the City's existing authorization and available funding.
3. Remaining Terms. Except as expressly amended by this Amendment, all terms of the Agreement remain unchanged and in full force and effect. If this Amendment conflicts with the Agreement, this Amendment controls.
The parties have executed this Amendment as of the date first written above.
CITY OF LIVINGSTON
By: ______________________________
Name: ____________________________
Title: _____________________________
CONSULTANT
By: ______________________________
Stephanie R. Dietz
Date: ______________________________
Date: ______________________________
-1-
CONTRACT FOR CONSULTING SERVICES
This Agreement is executed this 16th day of September, 2025 by and between the City of Livingston (“Client”) and STEPHANIE R. DIETZ (“Consultant”).
Agreement
1. Consultant’s Services. This Agreement shall become effective on September 16, 2016 (“Effective Date”). Beginning on the Effective Date, and for the duration of this Agreement, Consultant will provide the services described in Exhibit “A” attached to this Agreement (“Services”) to the best of her ability and in a professional, first-class manner. Consultant shall comply with all local, county, state, regional, and federal rules, regulations, and laws while providing the Services.
2. Compensation. In consideration for the Services to be provided by Consultant, beginning upon the Effective Date, Client agrees to pay Consultant the compensation described in Exhibit “B” attached to this Agreement (“Compensation”).
3. Term. The term of this Agreement (“Term”) shall begin upon the Effective Date and continue for one (1) year, whereupon it can be renewed upon the mutual agreement of the parties. Either party may terminate this Agreement under the terms of Sections 8, 9, or 10 below.
4. Independent Contractor. Consultant enters into this Agreement, and will remain throughout the Term of the Agreement, as an independent contractor. The parties agree that Consultant is not and will not become an employee, partner, joint venturer, agent, or principal of Client while this Agreement is in effect, and is not entitled to royalties, commissions, profits, or any remuneration other than the Compensation.
Consultant agrees she is not entitled to the rights or benefits afforded to Client’s employees, including disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, or any other employment benefit. Consultant is responsible for maintaining any permits, approvals, and licenses required to operate their business and/or provide the Services. Neither party may hold itself out as a partner of the other or bind the other party herein to a third party.
5. Payment of Income Taxes. Consultant is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the Compensation paid by Client to Consultant for the Services under this Agreement. Client shall not withhold any local, state, or federal taxes from the Compensation paid to Consultant.
The Client shall provide all required tax information to the Consultant.
6. Use of Employees or Subcontractors. As an independent contractor, Consultant shall determine the method, details and means of performing the Services.
Consultant may, at Consultant’s own expense, use any employees, subcontractors and consultants as Consultant deems necessary to perform the Services required of Consultant by this Agreement, provided however, (a) Consultant discloses such employees, subcontractors or consultants to Client before Consultant using their
-2-
assistance, and (b) Client approves the Services such parties will provide and the costs of such Services.
7. Liability Insurance. Consultant agrees to maintain throughout the term of this Agreement comprehensive public liability insurance in the amount of at least One Million Dollars ($1,000,000.00) insuring against claims and liability for personal injury, death, property damage and other liabilities arising out of the Services provided by Consultant under this Agreement. The insurance shall name Client, the buyers, its management team as additional insured or loss payees under a separate endorsement.
Consultant shall provide Client with a certificate of insurance prior to the Effective Date and a renewal certificate prior to expiration of any insurance coverage during the Term.
8. Termination on Occurrence of Stated Events. This Agreement will terminate automatically on the occurrence of any of the following events:
(a) Bankruptcy or insolvency of either party.
(b) One hundred twenty (120) days from date of execution of this Agreement, unless extended in writing by both parties hereto. (c) Mutual agreement of the parties that Consultant has completed the Services.
9. Termination for Cause. If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non-breaching party may give ten (10) days written notice to the breaching party describing in detail the breach.
If the breaching party fails to cure such breach within such ten (10) days, the nonbreaching party will have the right to terminate this Agreement immediately upon written notice to the breaching party, and such non-breaching party will have all further rights and remedies at law and in equity. For purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following:
(a) Client’s failure to pay Consultant any Compensation (including preapproved reimbursable expenses) due within fifteen (15) days after Client’s receipt of a written bill or demand for payment.
(b) Consultant’s failure to reasonably complete particular Services under this Agreement within fifteen (15) days after Client’s written notice to Consultant of her specific failures.
(c) Consultant’s material breach of any representation or agreement contained in this Agreement.
(d) Client’s material breach of any representation or agreement contained in this Agreement.
10. Termination Without Cause. Notwithstanding any terms to the contrary herein, either party may terminate this Agreement upon fourteen (14) days’ written notice to the other party.
-3-
11. Indemnity. Consultant shall hold harmless, defend and indemnify Client and its officers, directors, managers, members, partners, trustees, employees, agents, representatives, and contractors from costs, claims, or liabilities arising out of the negligent acts or omissions of Consultant or her employees, agents, or contractors. The terms of this section shall survive the expiration or earlier termination of this Agreement.
12. Confidentiality. Consultant will keep strictly confidential any and all information, plans and documents concerning Client’s business, personnel, plans, strategies, statistics, operations, assets and finances, including but not limited to any verbal, written, printed, graphic or electronically or magnetically recorded information learned by Consultant while providing the Services or furnished by Client for Consultant’s use in providing the Services (collectively, “Confidential Information”).
All of such Confidential Information is the sole property of Client. Consultant will not disclose this Confidential Information by any means to any person or entity except with Client’s written approval, and only to the extent necessary to perform the Services under this Agreement, except for information compelled by court process. On termination of this Agreement, Consultant will return any such Confidential Information in her possession to Client and not retain copies. This Agreement shall be kept confidential by both parties. The terms of this section shall survive the expiration or earlier termination of this Agreement.
13. Time of Essence. The parties acknowledge that time is of the essence in each and every provision in this Agreement.
14. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the Services by Consultant for Client. No other agreement, statement, or promise not contained in this Agreement shall be valid or binding concerning the Services. Any modification of this Agreement must be in writing signed by the parties.
15. Partial Invalidity. The invalidity of any portion of this Agreement shall in no way affect the validity of any other portion hereof, and in the event any provision of this Agreement is determined to be invalid, this Agreement shall be construed to make such provision valid to the fullest possible extent. In the event such provision cannot be so construed, this Agreement shall be construed to omit such provision.
16. Notices. Notices provided under this Agreement shall be in writing and given to a party hereto in person, by overnight carrier, by certified mail or by electronic transmission at the party’s address listed below, and be deemed to be received upon delivery if delivered in person, or one (1) day after posting if by reputable overnight carrier, or two (2) days after posting if by certified mail, or upon receipt if by electronic transmission provided the notice is also sent by regular mail within twenty-four (24) hours of such electronic transmission.
17. Waiver. No consent or waiver, express or implied, by a party to this Agreement of any breach or default by a party in the performance of any obligation hereunder shall be deemed or construed to be a consent to or waiver of such breach or default or any other breach or default by such party hereunder. Failure on the part of a
-4-
party hereto to complain of any act or failure to act by the other party or to declare the other party in default hereunder, irrespective of how long such failure continues, shall not constitute a waiver of the rights of such party hereunder.
18. Independent Counsel and Tax Advisor. Both parties are advised and acknowledge having had adequate opportunity to consult an attorney and an independent tax counsel or a certified public accountant concerning the tax implications of this transaction.
19. Interpretation. This Agreement shall be governed by the laws of the State of California. Any ambiguity herein shall not be interpreted against a party by virtue of that party having drafted it; instead, the provision in dispute shall be read in the fairest way possible, taking into account the underlying circumstances and the intent of the parties herein.
20. Force Majeure. Should the performance of the obligations of either party be prevented or delayed by act of God, war, civil insurrection, fire, flood, storm, strikes, lockouts, pandemic or disease, or by any law, regulation or order of any federal, state, county or municipal authority, or by any other cause beyond the control of such party, such party's performance under this Agreement to the extent it is so prevented or delayed shall be excused.
21. Cooperation. The parties shall cooperate in good faith to effect the intent of the parties hereunder.
22. No Assignment. Consultant shall not assign her duties hereunder without the prior written consent of Client, which Client may withhold in its sole discretion.
23. Successors. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their lawful successors, assigns, heirs, trustees and beneficiaries.
24. Arbitration. Any claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in the Superior Court of California. In the event of such arbitration, the prevailing party is entitled to recover its reasonable costs and expenses, including attorneys’ fees and expert witness fees, as determined in the discretion of the arbitrator.
WHEREFORE, this Agreement is executed by the parties below on the date first above written.
Client:
City of Livingston
B y: - o.;:1 ~~
Consultant:
STEPHANIE R. DIETZ
By: S~t?~
STEPHANIE R. DIETZ
450 W. 21st Street, Suite 3
Merced, CA 95340
-5-
EXHIBIT A
CONSULTANT’S SERVICES
Project Purpose
The City of Livingston aims to establish a well-structured, adequately resourced, and sustainable municipal fire department. The consultant will assist with organizational planning, facilities and equipment needs, and the phased implementation of the department.
Scope of Work
Task 1: Organizational Design & Staffing Plan
• Recommend an organizational structure covering administration, suppression, prevention, EMS, and support services.
• Define staffing requirements, job classifications, and recruitment strategies. • Develop training and professional development plans for personnel.
Task 2: Implementation Plan & Transition Strategy
• Develop a phased implementation roadmap with short-, mid-, and long-term milestones.
• Identify transition options from existing fire protection services. • Establish performance metrics and service level standards. • Provide strategies for community engagement and stakeholder outreach.
Task 3: General Consultation & Administrative Support
• Provide guidance on administrative or operational matters related to any municipal functions.
• Assist City staff and leadership in addressing unforeseen issues or emerging needs during the planning and implementation process.
• Offer subject matter expertise to support effective governance, compliance, and organizational sustainability.
Deliverables
• Draft Organizational & Staffing Plan
• Transition Plan
• Facilities and Equipment Needs Assessment
• Implementation Roadmap (with timeline and milestones) • Final Fire Department Establishment Plan (incorporating Tasks 4–6) • Presentation of findings to City Council, Fire Services Ad Hoc Committee and stakeholders [Bi-weekly Updates]
• Funding Options
Timeline
Estimated project duration: 4–6 months, subject to refinement with City leadership.
EXHIBIT B
COMPENSATION FOR CONSULTANT’S SERVICES
It is agreed that the Consultant’s compensation for providing the Services shall be $250/hour. The consultant will track and bill all services in 30-minute increments.
The Consultant shall bill the Client monthly. The Client shall send payment to the Consultant at the address specified in the Agreement within fifteen (15) days of receiving a bill. Any late payment shall incur a late penalty of five percent (5%). The consultant’s monthly bills shall accompany the monthly reports that the consultant provides as part of the Services.
Upon termination of the Agreement, the Client shall pay the Consultant all amounts owed through the date of termination.
STAFF REPORT
AGENDA ITEM: Resolution (1) Authorizing the City Manager to Execute a Professional Service Agreement with Subsurface Technologies, Inc. to Provide Rehabilitation to Well 13 in an Amount Not to Exceed $185,102.88; (2) Authorize the Finance Department to Make a Supplemental Appropriation to the Water Enterprise Fund in the Amount of $35,102.88; (3) Waive Formal Bidding Requirements as Outlined in Section 1-11-6, and (4) Authorizing the City Manager to Execute all Required Documents
(Four Affirmative Votes Required)
MEETING DATE: October 6, 2026
PREPARED BY: Jesus Jr. Chavez, Water/Wastewater Manager REVIEWED BY: Jose Antonio Ramirez, City Manager,
Anthony Chavarria, Public Works Director
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution (1) Authorizing the City Manager to execute a professional service agreement with Subsurface Technologies Inc. to provide rehabilitation to Well 13 in an amount not to exceed $188,102.88; (2) Authorize the Finance Department to make a supplemental appropriation to the Water Enterprise fund in the amount of $35,102.88; (3) Waive formal bidding requirements as outlined in Section 1-11-6, and (4) authorizing the City Manager to execute all required documents.
BACKGROUND:
Founded in 1987, Subsurface Technologies, Inc. has established itself as an expert in well rehabilitation and preventative maintenance, serving water systems throughout the United States and internationally. The company specializes in innovative and clean technologies designed to rehabilitate, restore, and preserve groundwater wells and extend their useful service life.
Well 13, located at Joseph Gallo Park, is an important component of the City's municipal water system.
Constructed in 2012, the well reaches a depth of approximately 328 feet and was originally designed with a production capacity of approximately 1,000 gallons per minute (GPM). Its current production capacity, however, has declined significantly to approximately 200 GPM.
City staff is evaluating Well 13 as the next priority well for rehabilitation due to the well pumping air, its declining production, increased drawdown and reduced specific capacity.
The City's recent rehabilitation of Well 9 provides a local example of the potential benefits of rehabilitating existing groundwater infrastructure rather than immediately pursuing well replacement.
Well 9, originally constructed in 1985, experienced a substantial decline in performance. Prior to rehabilitation, the well's specific capacity had decreased to approximately 10.4 gallons per minute per foot (GPM/ft). Inspection identified significant casing corrosion, mineral scale, and biofouling that were restricting flow through the well screen.
The City rehabilitated Well 9 by installing a new stainless-steel liner and screen, followed by Aqua Freed® CO2 treatment and redevelopment.
The rehabilitation produced significant improvements in Well 9's performance:
• Specific capacity increased from 10.4 to 19.7 GPM/ft, representing an approximately 89% improvement.
• Specific capacity increased approximately 96% at a pumping rate of 750 GPM. • Specific capacity increased approximately 47% at a pumping rate of 1,000 GPM. • The well is now producing approximately 1,000 GPM.
• Drawdown at 1,000 GPM decreased from approximately 95 feet to 64 feet. • Well 9 was successfully returned to service in May 2026.
The Well 9 rehabilitation restored substantial production capacity from an existing City asset while improving pumping efficiency and overall system reliability.
DISCUSSION:
The results from Well 9 demonstrate that rehabilitation can be an effective strategy for extending the useful life and improving the performance of Livingston's existing groundwater infrastructure. Rather than waiting for additional wells to experience severe performance loss or considering replacement as the first option, the City has an opportunity to proactively evaluate its existing wells and determine whether similar capacity and efficiency improvements can be achieved.
Based on the successful rehabilitation of Well 9, staff recommend continuing the City's wellrehabilitation strategy by proceeding with the Well 13 rehabilitation project.
The proposed rehabilitation of Well 13 is intended to address the pumping of air and improve the well's overall production efficiency. The rehabilitation may include specialized cleaning, treatment, redevelopment, screen improvements, and other work identified through the City's evaluation and Subsurface Technologies' technical recommendations.
The experience with Well 9 provides a measurable benchmark for the potential benefits of rehabilitation. While the actual results for Well 13 will depend on its existing physical condition, construction, and the specific causes of reduced performance, the Well 9 project demonstrated that significant improvements can be achieved through targeted rehabilitation.
Continuing the City's well rehabilitation program provides the following potential benefits:
1. Recover Additional Production Capacity: Rehabilitation may restore production capacity that has been lost due to mineral scale, biofouling, corrosion, or other well deterioration.
2. Reduce Drawdown and Improve Pumping Efficiency: Improving the well's specific capacity can reduce the amount of drawdown required to produce a given volume of water, potentially improving pumping efficiency and reducing operational stress on the well and associated equipment.
3. Improve Water-System Reliability: Restoring existing wells provides additional reliable production capacity and strengthens the City's ability to meet water demands.
4. Address Deterioration Proactively: Performing rehabilitation before a well experiences severe performance loss may reduce the likelihood of more extensive and costly repairs or replacement.
5. Maximize Existing Infrastructure: Rehabilitation allows the city to maximize the useful life and value of existing municipal wells before pursuing significantly larger capital projects associated with well replacement or construction.
6. Support Long-Term Water Supply Resiliency: Maintaining and improving existing groundwater production facilities.
The City’s continued well rehabilitation supports the City's broader objective of maintaining a reliable and resilient municipal water supply. In addition to the proposed rehabilitation of Well 13, City staff continues to implement proactive measures designed to improve the reliability and resiliency of the City's water system, including:
1. Well Efficiency Testing: Regular assessments are conducted to evaluate well performance and identify changes in production or efficiency before they develop into more significant operational issues.
2. Annual Preventative Maintenance and Inspection: City staff perform routine preventative maintenance and inspections of Motor Control Centers and related equipment to reduce unexpected failures and extend equipment service life.
3. Critical Inventory Supply List: Staff maintain a strategic inventory of critical parts and supplies to ensure necessary components are readily available when repairs are required, thereby minimizing potential system downtime.
The successful results from Well 9 provide the city with a practical, local example of the value of well rehabilitation. Well 9 nearly doubled its specific capacity and is now reliably producing approximately 1,000 GPM with approximately 30 feet less drawdown than before rehabilitation.
Staff believe that applying the lessons learned from Well 9 to Well 13 provides an opportunity to recover additional capacity from an existing City asset, improve pumping efficiency, and extend the useful life of the City's groundwater infrastructure.
SOLE SOURCE:
Section 1-11-5 of the Livingston Municipal Code requires formal sealed bid procedures for all purchases in excess of $10,000. Section 1-11-6 (Waiver of formal bid procedures) states that formal bid procedures for items over $10,000 can only be waived if the purchase is (A) Of urgent necessity for the preservation of life, health or property, (B) Waived by Council resolution passed by at least four affirmative votes; and/or (C) Available from only one source, and sole source procurement must be adequately justified. Separately, Section 1-11-10 exempts from the bidding requirements, among other things, (A) contracts for professional or specialized skills, including specialized consultants, and (C) requirements that can be met solely by a single patented article or process. The Livingston Municipal Code requires formal bidding procedures for all purchases over $10,000 unless the formal bidding process is undesirable, impossible, unavailing, or incongruous as determined by the City Manager.
Section 1-11-6 waiver of formal bid procedures of the Municipal Code states that formal bid procedure of items over $10,000 can only be waived if the purchase is (A) Of urgent necessity for the preservation of life, health or property, (B) Waived by Council resolution passed by at least four affirmative votes; and/or (C) Available from only one source. Sole source must be adequately justified.
Subsurface Technologies and their Aqua Freed and Aqua Gard processes and related equipment utilize preventative maintenance systems that are protected under United States Patent Number 11,225,853, which was granted on January 18, 2022. This patent provides intellectual property rights that secure the proprietary nature of the Aqua Freed and Aqua Gard systems and their associated processes. Attached to this report is the Sole Source letter provided by Subsurface Technologies, demonstrating that the Aqua Gard preventative maintenance systems are exclusive to their patented technologies. Based on the patent and the attached Sole Source Letter, the City Manager has determined that the City’s requirements for the Well 13 rehabilitation and Aqua Gard preventative maintenance can be met solely by Subsurface Technologies, Inc.’s single patented Aqua Freed and Aqua Gard processes. Accordingly, the purchase is available from only one source and sole source procurement is adequately justified within the meaning of Section 1-11-6(C), and the agreement is further exempt from formal bidding under Section 1-11-10(A) (professional or specialized skills) and Section 1-11-10(C) (single patented article or process). Consistent with Section 1-11-6(B), staff recommends that the Council waive the formal sealed bid procedures by resolution passed by at least four affirmative votes. Maintenance activities must adhere to the relevant procurement policies to ensure compliance and protect the intellectual property rights involved.
FISCAL IMPACT:
$150,000.00 is available in the approved Fiscal Year 2026/FY2027 Water Enterprise Fund budget under account (2100-810-7445)-Improvements/Infrastructure.
Staff is requesting authorization for the Finance Department to make a supplemental appropriation of $35,102.88 to the Water Enterprise Fund, Account 2100-810-7445, to provide sufficient funding for the Professional Services Agreement with Subsurface Technologies, Inc. The total authorized expenditure for the agreement shall not exceed $185,102.88.
ATTACHMENTS:
1. Resolution No. 2026-
2. Aqua Freed Well 9 Rehabilitation Case Study
3. Subsurface Technologies Inc. Proposal
4. Subsurface Technologies Sole Source Letter
5. Professional Service Agreement
01424.0001/910135.1
RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1)
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH SUBSURFACE TECHNOLOGIES, INC. TO PROVIDE REHABILITATION TO WELL 13 IN AN AMOUNT NOT TO EXCEED $185,102.88; (2)
AUTHORIZING THE FINANCE DEPARTMENT TO MAKE A SUPPLEMENTAL
APPROPRIATION TO THE WATER ENTERPRISE FUND IN THE AMOUNT OF $35,102.88; (3) WAIVING FORMAL BIDDING REQUIREMENTS AS OUTLINED IN SECTION 1-11-6, AND (4) AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
REQUIRED DOCUMENTS
WHEREAS, Subsurface Technologies, Inc. has established itself as an expert in well rehabilitation and preventative maintenance, serving water systems throughout the United States and internationally; and
WHEREAS, the company specializes in innovative and clean technologies designed to rehabilitate, restore, and preserve groundwater wells and extend their useful service life; and WHEREAS, Well 13, located at Joseph Gallo Park, was constructed in 2012 to a depth of approximately 328 feet and was originally designed to produce approximately 1,000 gallons per minute ("GPM"); and
WHEREAS, Well 13's current production capacity has declined to approximately 200 GPM, and the well has experienced pumping air, increased drawdown, and reduced specific capacity, warranting evaluation and rehabilitation to restore and improve its performance; and WHEREAS, the City's recent rehabilitation of Well 9 provides a local example of the potential benefits of rehabilitating existing groundwater infrastructure rather than immediately pursuing well replacement; and
WHEREAS, the City rehabilitated Well 9 by installing a new stainless-steel liner and screen, followed by Aqua Freed® CO2 treatment and redevelopment; and WHEREAS, the Well 9 rehabilitation restored substantial production capacity from an existing City asset while improving pumping efficiency and overall system reliability; and WHEREAS, based on the successful rehabilitation of Well 9, staff recommend continuing the City's well-rehabilitation strategy by proceeding with the Well 13 rehabilitation project; and WHEREAS, the proposed rehabilitation of Well 13 is intended to address the pumping of air and improve the well's overall production efficiency. The rehabilitation may include specialized cleaning, treatment, redevelopment, screen improvements, and other work identified through the City's evaluation and Subsurface Technologies' technical recommendations; and WHEREAS, in addition to the proposed rehabilitation of Well 13, City staff continues to implement proactive measures designed to improve the reliability and resiliency of the City's water system; and
Resolution No.
WHEREAS, Section 1-11-5 of the Livingston Municipal Code requires formal sealed bid procedures for all purchases in excess of $10,000, and Section 1-11-10 exempts from those bidding requirements, among other things, (A) contracts for professional or specialized skills, including specialized consultants, and (C) requirements that can be met solely by a singled patented article or process; and
WHEREAS, Section 1-11-6 waiver of formal bid procedures of the Municipal Code states that formal bid procedure of items over $10,000 can only be waived if the purchase is (A) Of urgent necessity for the preservation of life, health or property, (B) Waived by Council resolution passed by at least four affirmative votes; and/or (C) Available from only one source, and sole source procurement must be adequately justified; and
WHEREAS, Subsurface Technologies and their Aqua Freed and Aqua Gard processes and related equipment utilize preventative maintenance systems that are protected under United States Patent Number 11,225,853 which was granted on January 18, 2022; and WHEREAS, this patent provides intellectual property rights that secure the proprietary nature of the Aqua Freed and Aqua Gard systems and their associated processes; and WHEREAS, given this patent protection and the sole source designation, procurement and maintenance activities must adhere to the relevant procurement policies to ensure compliance and protect the intellectual property rights involved; and WHEREAS, the City Manager has determined, and the Sole Source Letter provided by Subsurface Technologies, Inc. and attached to the accompanying staff report confirms, that the City’s requirements for the Well 13 rehabilitation and Aqua Gard preventative maintenance can be met solely by Subsurface Technologies, Inc.’s single patented Aqua Freed and Aqua Gard processes, such that the purchase is available from only one source and sole source procurement is adequately justified within the meaning of Section 1-11-6(C), and the agreement is further exempt from formal bidding under Section 1-11-10(A) and (C); and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby:
1. Finds the above recitals are true and correct findings of the Livingston City Council.
2. Authorizes the City Manager to execute a professional service agreement with Subsurface Technologies Inc. to provide rehabilitation to Well 13 in an amount not to exceed $185,102.88 from the Water Enterprise Fund (2100-810-7445)- Improvements/Infrastructure.
3. Authorizes the Finance Department to make a supplemental appropriation of $35,102.88 to the Water Enterprise Fund, Account 2100-810-7445, to provide sufficient funding for the Professional Services Agreement with Subsurface Technologies, Inc.
4. Waives the formal sealed bid procedures of Section 1-11-5 for this purchase, finding pursuant to Section 1-11-6(C) that Subsurface Technologies, Inc. is the sole source for its patented Aqua Freed and Aqua Gard processes and that sole source procurement is adequately justified, and further finding the agreement exempt from formal bidding under Section 1-11-10(A) and (C). This waiver is approved by Council resolution passed by at least four affirmative votes in accordance with Section 1-11-6(B).
Resolution No.
5. Authorizes the City Manager to execute all required documents.
6. This Resolution will become effective immediately.
I hereby certify that the foregoing Resolution No. 2026-___ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 6th day of October 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
Of the City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
APPROVED AS TO LEGAL FORM
________________________
City Attorney or Assistant City Attorney
Of the City of Livingston
SUBSURFACE
TE CHNOLOGIES I 'I f i ,J ~ A I E D
CITY OF LIVINGSTON, CALIFORNIA
AQUA FREED ® WELL REHABILITATION
CASE STUDY
Nearly twice the capacity, same footprint
Well #9 I Livingston , CA I Returned to service May 2026
BEFORE TREATMENT
10.4 gpm/ft specific capacity
Well #9 now pumps 1,000 gpm with 30 ft less drawdown than before treatment - a far more efficient, reliable well recovered from an aging asset without drilling a replacement. +89% +96%
SPEC. CAPACITY @ 500 GPM SPEC. CAPACITY @ 750 GPM
THE PROBLEM
Installed in 1985, Well #9 once produced as much as 3,088 gpm. By 2026 its efficiency had collapsed to about 10.4 gpm/ft of specific capacity. A pre-treatment step test and downhole video found the cause: the uppermost casing was severely corroded with several open holes, and the screened intervals were ·variably matted and choked with mineral scale and biofouling, throttling flow into the well.
THE REHABILITATION APPROACH
+47%
SPEC. CAPACITY @ 1,000 GPM
......i..,
Aqua Freed CO2 injection underway at the Well #9 site.
Because the casing and screen were compromised, STI installed a new 14-inch wire-wrapped stainless liner and SRI #8 gravel pack spanning all perforated zones. The well was then treated with the Aqua Freed process - a controlled injection of liquid and vapor CO 2 , held under pressure, then vented - and developed by airlift for about five days to pull the loosened scale, biofilm, and sediment from the screen and formation.
THE OUTCOME
A post-treatment step-drawdown test showed specific capacity up 89% at 500 gpm, 96% at 750 gpm, and 47% at 1,000 gpm. Well #9 now delivers 1,000 gpm with 64 ft of drawdown, down from 95 ft before treatment - the same water at far lower pumping cost. A new pump was set and the well returned to service in May 2026.
Keith Myers
Subsurface Technologies, Inc. 916.869.4464 I [email protected]
WELL AT A GLANCE
Constructed 1985
Casing diameter 18 inch
New liner/ screen 14 in, 304L SS 0.050 slot
Pre-rehab spec. cap. 10.4 gpm/ft
Post-rehab spec. cap. 19.7 gpm/ft
We are very pleased with the results of
Subsurface's rehab1l1tat1on of Well 9. Their
innovative carbon dioxide treatment restored
the we/l's performance and greatly mcrcased
its available capacity This pro1ect has
prov1cled a s,gmficant benefit to the reliability of
L1vmgston·s ,vater system.
Aqua Freed®
proprietary CO2 well rehabilltalion
SUBSURFACE
TECH NO LOG I ES
INCORPORATED
I City of Livingston
Water Well Rehabilitation Proposal
PROPOSAL
August 11, 2026
Mr. Jesus Chavez
City of Livingston
1416 C Street
Livingston, CA 95334
Dear Mr. Chavez,
On behalf of Subsurface Technologies, Inc. I am pleased to submit this cost proposal for Well 13.
The following is a brief outline of the work that we are proposing. The associated charge for each task is itemized on the enclosed proposal, and all costs are based on prevailing wage rates.
Pump Removal and Testing: A pre-treatment step-rate pumping test will be performed using the existing pumping equipment and the owners flow meter, routing discharge into the system. The purpose of the test is to determine the pre-rehabilitation specific capacity and pump performance. Immediately following the test, the pumping equipment will be removed.
Video Surveys: A total of two video surveys per well will be performed. A video survey will be conducted before brushing, as well as upon completion of the rehabilitation. The purpose of the video survey is to verify the well construction, inspect the overall condition of the casing and screen, and document the extent of plugging. The video equipment will be capable of both 90° side scan and straight view. A copy of the surveys will be supplied at the completion of the project.
Pre-Treatment Brushing: The well casing will be brushed with a wire brush, and well screen will be brushed with a nylon brush. This step will aid in removing encrustation on the interior walls of the well, allowing for more efficient use of CO2 to penetrate the surrounding formation.
Aqua Freed Process: The well will be treated with the Aqua Freed® process. The well will be sealed to direct the carbon dioxide through the perforated interval of the well. Depending on the casing diameter, either a packer or a temporary 1” thick plate welded to the casing will be used to effectively seal the well. The well will be sealed for a period of approximately 12 hours following treatment, at which time the well will be vented to the atmosphere.
Mechanical Development: Upon completion of the Aqua Freed® process, the well will be mechanically developed using a perforated dual-swab that will be surged and pumped concurrently using the air-lift method. This step will purge the well of the material that became detached as a result of the Aqua Freed® process. Development discharge will be pumped into the adjacent site. Owner or owner’s representative will be notified if additional development time is required. Additional development will be billed based on a daily rate.
Pump Installation: The owner’s pumping assembly will be restored to the same setting as prior to rehabilitation. Immediately following installation, the well will be chlorinated and allowed to sit in the well for a minimum of 12 hours. Following chlorination, a post-rehabilitation step-rate pumping test will be performed using the owners pumping equipment, in which discharge will be routed through the owners’ flow meter and into the system.
SUBSURFACE
TECH NO LOG I ES
INCORPORATED
Final Report: A summary report will be provided upon completion of the well rehabilitation project. It will include an overview of the work performed, a review of video surveys, and key details of the completed tasks.
Aqua Gard® Well Maintenance: We recommend retrofitting Well 13 with the Aqua Gard® System. This will allow for scheduled, preventive maintenance cleanings to be performed on the well with the pump in place. The Aqua Gard® process utilizes carbon dioxide to clean the well and target deposits while they’re still soft in nature. The Aqua Gard® system requires a minimum service interval of once per year and execution of a maintenance agreement.
Please feel free to contact me with any questions you may have.
Best regards,
Keith Myers
Director of Business Development
40 Stone Castle Road, Rock Tavern, NY 12575 · Phone: 845.567.0695 · Fax: 845.567.1035 · www.subsurfacetech.com
Phone: 916-389-4771
Fax: 845-567-1035
Well Rehabilitation Technology E-mail: [email protected] 40 Stone Castle Road, Rock Tavern, NY 12575
www.subsurfacetech.com
Company Name: Date:
Address: Cell: 209.564.7510
City, State, Zip: E-mail: [email protected]
Attn: Site: Well #13
UNIT TOTAL
Mobilization/De-Mobilization $12,480.00 $ $ 12,480.00 - Pump Removal & Re-installation, Pre & Post Treatment Step $24,400.00 $ 24,400.00 Rate Tests and Pre & Post Video Survey's
Aqua Freed CO2 Well Rehabilitation to include: $75,330.00 $ 75,330.00 Wire Brushing, Aqua Freed process, Setup/teardown of
development equipment, compressor rental and up to 40 hrs. of Mechanical Development.
Additional development if required will be billed at $5,000/day Aqua Gard Preventive Maintenance System to include:
Labor and Equipment to install $22,595.00 $ 22,595.00
Fabricated Discharge Head and Stainless steel CO2 piping $19,290.00 $ 19,290.00 Sales Tax on materials (8.75%) $ 1,687.88 $ $ 1,687.88 - Crane Rental $11,400.00 $ $ 11,400.00 -
Complete Pump Assembly Inspection with Report $ 4,410.00 $ $ 4,410.00 - Travel & per diem $12,960.00 $ $ 12,960.00 -
Fuel Surcharge $ 550.00 $ 550.00
Total: $ 185,102.88
NOTE(S):
• Above cost does not include any modifications or repairs to the pedastal, if needed additional cost will apply. • A fully executed well maintenance agreement must be received prior to installing an Aqua Gard System.
Budgetary 2027 Aqua Gard Service
Mobilization/Demobilization $ 2,560.00
Aqua Gard Service $ 19,050.00
Total: $ 21,610.00
NOTE(S):
• Price and delivery for the goods listed in this proposal are based on current costs. The market for materials is highly volatile due to several global factors. Therefore, if our cost for any materials increase, we reserve the right to adjust our prices accordingly. If pricing has changed we will advise of the new price at time of order. • Site access for rubber tire vehicles to be provided and maintained by owner or owners representative.
All towing/dragging will to at owners expense. Standby rates will apply.
We propose to furnish material and labor -- in complete accordance with the above estimates, for the sum of $ 185,102.88 AS OUTLINED ABOVE, plus tax unless a current tax exempt certificate is provided. Payment to be made as follows: 1.5% 10 days Net 30. Partial billing may apply. Any unpaid balance over 30 days from the date of completion will have a finance charge added to the unpaid balance of 1.5% per month.
All material is guaranteed to be specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon consulting with client and approval and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. We will maintain commercial general liability, business automobile and workers compensation insurance for the duration of this work. The owner should purchase any additional insurance he deems necessary for the protection of his interests.
STI Authorized: Customer Accepted:
Printed Name/Title: Printed Name/Title:
Date: Date:
WE ARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION, SHOULD YOU PLACE AN ORDER, BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION. THIS QUOTATION IS SUBJECTED TO THE CONDITIONS PRINTED ON REVERSE SIDE, AND IS VALID FOR 10 DAYS. THEREAFTER IT IS SUBJECTED TO CHANGE WITHOUT NOTICE.
PROPOSAL
Jesus Chavez
City of Livingston August 26, 2026
1416 C Street
Livingston, CA 95334
SUBSURFACE
TECH NO LOG I ES
STANDARD TERMS AND CONDITIONS
STI agrees to provide the services set forth on the front of this Agreement pursuant to the terms of this Agreement, including, but not limited to, the following Standard Terms and Conditions which constitute a part of this Agreement.
ARTICLE 1. RIGHT OF ENTRY: The Customer grants a right of periodic entry to STI, its agents, staff, consultants and contractors or subcontractors, for the purpose of performing all acts, studies, and research (including, without limitation, the obtaining of samples and the performance of tests and evaluations) pursuant to the Stimulation.
ARTICLE 2. SAMPLING AND TESTING LOCATION: Test described in STI's report or shown on sketches are based on specific information furnished by others or estimates made in the field by STI's personnel. Such dimensions, depths or elevations are approximations and are not warranted to be exact.
ARTICLE 3. DOCUMENTS: Customer will furnish or cause to be furnished such reports, data, studies, plans, specifications, documents and other information deemed necessary by STI for the proper performance of STI's services pursuant to this Agreement. STI may rely upon documents provided by the Customer in performing the services required under this Agreement.
ARTICLE 4. LIABILITY: Customer agrees to limit STI's liability to customer arising from negligent or other acts, errors, or omissions, such that STI's total aggregate liability for any cause and based upon any legal theory, including strict liability, shall not exceed the Total Charges received by STI pursuant to this Agreement.
ARTICLE 5. UNFORESEEN OCCURRENCE: If, during the performance of services, any unforeseen conditions or occurrences are encountered which, in STI's sole judgment significantly affect or may affect the services to be performed under this Agreement by STI or the risk involved in providing the stimulation, STI will have the right to terminate this Agreement and the services effective on the date specified by STI in writing.
ARTICLE 6. FORCE MAJEURE: STI is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of STI ARTICLE 7. NO THIRD PARTY BENEFICIARIES: This Agreement gives no rights or benefits to anyone other than the Customer and STI and this Agreement has no third-party beneficiaries.
ARTICLE 8. LEGAL ACTION: All legal actions by either party against the other arising from this Agreement, or for the failure to perform in accordance with the applicable standard of care, or any other cause of action, will be barred 1 years from the date the claimant knew or should have known of its claim, but in any event no later than 2 years from the date of substantial completion of STI's services.
ARTICLE 9. SURVIVAL: All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating the responsibility or liability between Customer and STI shall survive the completion of the services and the termination of this Agreement.
ARTICLE 10. INTEGRATION: This Agreement and the documents attached hereto and which are incorporated herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by all parties hereto.
ARTICLE 11. GOVERNING LAW: This Agreement shall be governed in all aspects by the laws of the State of New York
40 Stone Castle Road, Rock Tavern, NY 12575 – Phone: 845.567.0695; Fax: 845.567.1035 – http://www.subsurfacetech.com July 22, 2025
Jesus Jr. Chavez
City of Livingston
Public Works Dept.
2238 Walnut Avenue
Livingston CA 95334
To whom it may concern:
This letter will confirm that the Aqua Freed® process and related equipment are protected under United States Patent Number 11,225,853 granted January 18, 2022, and Aqua Gard® Preventative Maintenance Systems, protected under United States Patent Number 12,173,583 B2 granted December 24, 2024, are proprietary products owned exclusively by Subsurface Technologies, Inc.
Subsurface Technologies, Inc., 40 Stone Castle Road, Rock Tavern, NY is the only authorized provider in the state of California.
If you have any questions regarding the technologies or the proprietary rights to them, please feel free to contact me at the below referenced number. In closing, thank you for your interest in using the Aqua Freed® well rehabilitation and Aqua Gard® well maintenance processes to solve your water supply problems.
Best Regards,
Christopher L. Catania
President
CLC/dc
SUBSURFACE
TECH NO LOG I ES
01222.0001/643601.1 1
CITY OF LIVINGSTON
CONTRACT PROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into on October 6, 2026, by and between the CITY OF LIVINGSTON, a municipal corporation (“City”) and Subsurface Technologies, Inc. (herein “Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.
1.5 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of $185,102.88 ( One Hundred Eighty-Five Thousand One Hundred Two Dollars and Eighty-Eight Cents) (“Contract Sum”).
2 2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”,
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay
3 notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. Keith Myers is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant.
Consultant shall utilize only competent personnel to perform services pursuant to this Agreement.
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. Jose Antonio Ramirez [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
4 (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of
5 primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
6 be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from
7 Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.
6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.
8 6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. section 101, such documents and materials are hereby deemed “works made for hire” for the City. Not withstanding the foregoing, any and all data prepared, or used by Consultant related in any way to Contractors proprietary know-how and intellectual property, which will remain the exclusive property of Consultant.
7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Merced, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California.
7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or
9 without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the nonterminating party with the opportunity to cure pursuant to Section 7.2.
7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
8. MISCELLANEOUS
8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class
8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Livingston, 1416 C Street, Livingston, CA 95334, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.
10 Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
8.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.9 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be
11 consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF LIVINGSTON, a municipal
corporation
Jose Antonio Ramirez, City Manager
ATTEST:
Monica Cisneros, Deputy City Clerk
APPROVED AS TO FORM:
BURKE, WILLIAMS & SORENSEN, LLP
Marc Barraza Tran, City Attorney
CONSULTANT:
Subsurface Technologies, Inc.
By:
Name: Steven Catania
Title: President
Email: [email protected]
Phone:845-567-0695
By:
Name: Deborah Cottini
Title: Vice President, Business
Operations
Email:[email protected]
Phone:845-567-0695
Address: 40 Stone Castle Rd.
Rock Tavern, NY 12575
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01222.0001/643601.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services:
SUBSURFA,CE
TECHNOLOGI ES
I N C 0
August 11, 2000
Mr. .J'esus ( avez:
Gty ,of 1.!r,,ingsfon
'l lo ( S reet
Livin~ton, CA 95.334
Dear M r. Chave.z;.
,on biehalf ,of Subsurface 1 ec nologie.s., Inc. I am p leased to subm it t is cost IJlfOJJOsal far W e I '13.
The fol owing is a brief outline of he work that ~ve ctre proposing- lhe associated charge for each task is itemized ,on the en;:looed pro;pos:al, and al I costs are based on prevail ing w age rates.
Pump Removal' and Tes ting: A pre- rea errl: s.tep,-rate pumping test w i II e pe;rformed using the eJCJis<'ting pumpin g equ ipment and the ,owners liow mel!er, rooting disdh,arge into he system . The porpose ,of t he te.st isfo determine t e pre-r abilitation sp • ·c capacity and pump perfor mance. lmmed iat e.ly fullo·,'lling e t est , the IJIUm ·ngequi;pmen II be removed.
Video Surveys: A t ot al of two video surveys per wel l w ill be performed. A video survey will be C!onducted before bnu.shing, asweill as up,on completion of e rehabilitation. The p urpose ot t e v· eo survey i.s to venify the w I ,oor.sliriuction, inspect he overal l ,c,ond il!fon of e casing: and sareen,, and document e eJCJt:ent ,of plugging. 1 e video equip,me.n w ill be capable of both 90".side scan aoo strai t view. A ,c,o;py ,of t he surveys ·11 be supi;pl" d aH e ,c,om;pJetion of the piroject Pre-Treatment Brushing: The we I casing w i I be brushed w it h a ~'llire lim.ish, and well screen w i I bE brushed w i a nylon brush. T is step w i I a· in removingem:rustation an,the ints rior ~valls ,of e w ell, allowing for more e ··-oient use of (02 to perieb-arte e sunrounding formation.
Aqoo Freed />foa?,55.: Tlhe \"lei I will be treated - h, • he Aqua Freed" pr,ocess. The we I w il l be sealed to d irect t he carbon d ioxide rou. e perforat ed in,terval oHhe well. Depend ing on he casing diameter, either a 1p.adker o-r a temporary '1" idc plate w ded to he ,casing w il I be used to effectiv seal the w eill. The wel I will be sealed fur a period of appiroximat ely 12 hours follO't\ling tr·eatmeJ1 at whi'ch time he wel l w ill be vented to e atmos,;phere.
Medta11irol Development: Upon completion oft e Aq ua Freed" p.-ocess., e well w ill be chanically d evelopced using a pierforated dual-swab that w i II be su rged and pumped ,conrnrrerit ly using tlhe air-'li , me od. Th'is step ~viii purge e well ot the mat eria I at became detadh;ed as a wesu It of the Aqua Freed" pro ces,s_ Deveilopment discha.-ge will be IJIUm;ped into·lih;e adjcacent sit e .. ,owner o.-own;er's re,p.-esental!ive will be notified if addition,al d evelopme.nt ti e is requir ed. Add itional development will be bi'lled based on a daily rate.
Pump fnsta'llation: The o·.vne-, 's pumping assemb,lywill be restared to e same setting as p rior ~o reiha_b,ilitation,. I'm mediately f,ollowing installatio:n, tlhe well will be ,dhlorinated aoo allowed to sit in he weill fo r a minimum of '12 hours. Fol io~ ·ng c lorinatio:ni. a post-r a:llil itation st~rate pumping est w ill be pe,rf,ormed using t he owJ1;ers pum;ping equipment, in which d isc arge w i I be routed thr,ough the ,owners' • ow met er and into th;e system .
2 A-2
Final Report A summary report w ill be provided upon completion of the w ell rehabilitation proj ect. It will include an overview of the w~rk performed, a review of video surveys, and key details o f the completed tasks.
Aqua Gard• Well Maintenance; W e recommend retrofitting Well 13 with the Aqua Gard '" System . This will aUow for scheduled. preventive maintenance cleanings to be performed on the w ell w ith the pump in place. The Aqua Gard '" process utilizes carbon dio xid-e to clean the w ell and target d eposits while they're still soft in nature. The Aqua Gard• system requires a m inim um service int erval of once per year and execution of a mainten.ance agreemenL
Please feel free to contact m e with any question.s you may have.
Best regards,
Keith Myers
Director o f Business Development
40Stoncca«lclto:d,ltod:T.--:m, N't t2>7> • f'hone: 8o.367.o69' • "~~.)61. to:u • -$Ub,a,,bo:tcd,.a.a 3 II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Not Applicable
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:
A. Final Report: A summary report upon completion of the well rehabilitation project, which will include an overview of the work performed, a review of video surveys, and key details of the completed tasks.
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Anthony Chavarria
B. Jesus Chavez
13
01222.0001/643601.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
B-1
EXHIBIT B 'SPElC.1:.1\L Q
SECTION I: RESER ·
SECTION II: RE \i'EID
1 S , TO CITY" OF LIV]NG 'FON PROFiESSIONl.l\L SER\IJCES
AGREEMENT
SECTION ID.AQUA GA.RD WELL . GR:BEME N'F: ' IIJ]J,smftce 'Fechnol'ogie.s., Inwqi,ornterl. ("ST • , s de: ·efop l!!Dd foreign :! it.a s paitem:!l on -~ Gard Pre.·entive We "I M aimteoam.c,e: Tee oJ.o,,gy. It is understood by the: parties t th.!• Equipml!,llt is a oompo .m ed m oo!!lmecmiol!l i!.lllh the Proprietary Aqin.a Gaird W,e,11 :ti.1amrniaooe System l!!DJi is tedmo!ogic "i ad!i,•:m(jed and derigae:d o mamtai!D. a i;rahl'ic o~ pri1;1ate i!.'Eit& suppl)' system agafuJs .. ost y.ie!d due to li\<ell phlggm.- m.dudi.ug mim.e:ra1 buiil'duip, phy.~al plu~~; or ib:rolo,gfcl!!l utii"'i- • ,and foul~;. t is :furtbe-r understood l!Jt the· prool!'.SS oftbl!: A,qua Gaud ma.irn.ten3.!lJ.C,e:
and seruice• ,o: the li\'r:!!Di!~ smppl)' .cystem wil!I not be ilisclo:sed to ~ ·o.ne a-r IDE!Ji in! an •• w ay b)' t!ne a o: U-1,ring;ton OOL "); • 1111: the 11!'}.l)J]l!5S li\m.ti!EIII ooment ,of S.
It is a,_e;re;ed tha .
a) To the· 'b5t ofCOL's lknOi!.~ledge·, COL hJ!Js tpFovided ' 'TI Hith all!! rele,;,•ant :rewirds im. i po551!5siol!l r,e,speat to well co; - , -·ao., g,eology, aqmfeJ ,dIBrac eristic!l and !lirm!rn!It:icm :recl!'Il.t well pu!ll!lping; ·s-ory pr:eviom: li\<eU reh::fuilit,i-'.on efforts the :resll!!.ts. of fuose ,e,ffu:rt;: a 09g Hi tb v.-.ii:e-r qm;iliq• aml!iiy.sis: to teml!ine the historic.al! perlbmmnc.e and foul~ ,charaam.;tics of 1liJ.e. su~ject all data neces.s.m:y :o ~e fu.e)<ie:&:il his O[Y ofthe-subj ect we! (s)· l!:![UEfer, well plugging mme,rai buildup, l!!Dd ,:il!l)' : y,s.ica:l plug~ or biologica:l. aoti1ri..J[.
b) ' TI:shalll! • •e fue lrigh.t ,of,e-ntryonto COL ' s premi.Sees, i!.lllichforpmposes.ofthis~~ - me!'.Ilrs onlr th.!• W,e,11 11 site am.d no oths- 100L !J?FO:pe:rtf, rut a.nry • _ <furriog COL ' s. noI'l!lIB]! i!.rorkin:g hows of ;,00 a.m. to 3:30 p.m. .e» m aUHJ:mti1re time ii app ·ed im. am a.nee by COL 's. Director ,of Pu:iJilk \Vio:rks), to ,amy out th.!·mtl!,llts and purposes ,o'"tirisAgreeml!,llt, ,on ~ wi1Ji1Umm • rritteno.o~·ce ,o'":!it leas ,days to COL, or s le.ss time w: is pi;actfcab:!e• in case of an emerg,e: ·- c) STI wil!I :pe:rfOiilll mlll! : s;l!,J i ce the li\<ell.(5) s specified he~ im. an effort mamtaio maxii11mm well yiel:d!l am.d ,e-fiic:ieacie!l. 100L acko.Oli\ !edg,l!'S mli\1 li\'r:!/Di! ,ql'li'!llliy, ope![a • g C!Ol!ldJ-·oll!l, aquifer :!mar UGll5, historic:!il. rmaim! en= l!!l.8)' effect = prodm.ctionl i:E5 • • eiffidem.cy. ' TI: :!llld COL gree that in or · l!,J' to acine,re the: 1!5!irerl r,1!5 :ifmml. fue J.i!j_qm Gard Sl2TI.7ic!e, serr.i c.e• mt.e:rr,;al frellJ:Ue • =Y need to be mijuste-d to a more fireqnent im.tervlllJ!. Com'er5&)', th-e• ~i!j_q~ 1Gard serr.•ir.e• mte, l ll!!.3.f 'b-e· adj111,f • to a :!1!55, :frrequ:e!lli . inten..llil, 51il!J,j e . to a minim= of,ol!le (1) s~"T1.,k e pl!,J' yem-, m the li\<elli; yiel ds am.d efficieocie;: E!llon;tra e that se-ni ce, iiot.en•als. Cl!!D. be €!}.'tended! • ri'ihom.t iwpautii9g the, ~l!cti. ;eoe;s ,o th-e• mambi!llll!!Ilc.e• 5)~.
TI: agrees to c,oope:rate• in Chfi effort to achi:a;e, tm.e-iligh-e51 effidl!,lJ.dl!5. . the-low ill.ten • I c to IDOL d) In the e,rellt th.!• pellOiillll!ll.Ce ,o"'tll-e·.Aq;ua Gard. systl!illl is. t acceprta'b £!! to 0 0 COL s s.o e :remed)•· [ this. Agr,eem:l!,llt is to ennma.te tlJds lllllll!lteoan.ce sgree-meo . !i11CJhi Clcli!·, COL !ih:!il.l. ecen::e s prorated r,e-fim.d, calcuJ:al:ed from e dltrte of !:mCh i!.lri. en tiC! ,of repaad ]Jhl}'ml!:ll •• if ruJ.)' fur A,qua Ga[d ' .erviic.e• e1·eim illll.de-r • • Agree-:!lleirt for the ,l!,Jl]J![llllllg - of the ltg:r,eem:l!,llt.ll!ld IDOL s illl2limenance fees ss scnbed mm?:eaiatel! ··beI'cmr Hfil cease. :rt;. after the :fiir5 .A . a 1G--,:[d. wa:intellll!!Ilce, sen..i ce• to a n,e]l, .e li\<ell is not IUll!!intaiioed nlUbm :masom:bly -. ce • 'b:!e, yie!d!l l!!Dd effid l!,llcil!5. lbe. ·ee-DI Ille p"- ·es, S'TI wfilll! bl!Jve the right to te~e-fu.e Agreeme:o . ,ol!l 30 i;h;ys i!.m.~ JJDtoc:e or, i!.mh , s; prior 'l'.l"'ritteo. appro • I c,o.nd1!1.ct soc othE!:! a1ilnem;; ,o rem:e-dies; at its ,oo ,cost am.d ,e-}.'l)i!m.!ie ~s : _em;; awr~te. l fsuc ternlllJlmon ,of th.!• .~l!,ll! is tlJ.-e, remedy cho, l!:D by :S'TI,, ST! wi ll re: to COL am.y prepaid pa~eots fo . . Aqua Gru-d Sl2niicie e;.·en •• ll!!.3.de, unrl.er this Agreement 30.d COL 's m.3!inrtel!llmC.e• fee5. demilbed imm:Ediste'Iy be,low l'i'l!11 cease. In fue e,reot tl:!llllim ·on is ,c s;l!,ll by ,~ P'arty i!.lhethe~ by STI ,or by COL, S Hfil henre the opt ion of:rem.oo;ing il!l5 ed! .i!i.qua 1
G.ud ,equipm from the-li\rell(s) at iti ei,_-pe,m;e, and ,e,mming ·v.-e!ll(s) t o C-1
01222.0001/643601.1
B-2
dlte aod time murut1.lly ap-eed upon in wrh:i.QJ: by the ~niti. In no event shlll STI remove tbe equipment, t3ke :l!lY we.U out of senice, or otheiwise in:enupt production iD a nuuwer tb.tt requires COL to t3ke Well 13 (or any orh.tr wtU) offlint duriD1 ibt ,ummt1 moudu (Juu l 1broup Stpttmbtr JO) wbto COL rtqui.rH tbt well in productiou, except al the Pmie-s msy otherwise mu-ru:dly a;ree iD writin:,. If tbe remedy chosen by STI is the removal of tbe equipment, STI agrees to pay COL the amount referenced in Sectioii vn below for tht mnm or me equjpmtur wb.ich will bt fret and du.r or llDY tDCUmbru.cu.
As addidowtl consideranoo for thi; Agreement, the parties agree that a minbru,m of_ ! _ Aqu.1 Gard sm-ice(s) per yur will bt puformtd 10 ticb well idt.otifitd ou Kbtdult "'A'" 11 tbt tptdfitd comspondi.D& r1t1t ror Heb m:rin:eu:l!lce service plus a mobiliz:nio!ll'demobiliza'!ioo fee of .\ 2 560.00 . At tbe e..o::piration of dle firs< 12-mooth perlod of thh a:;reem.e:a.t, tbt, per well uuiocenaoc.e sm ·kt rate, rt!tntd to lnunedia.ttly abo\·t, is tu.bjtCI to ioouse co tht rouowi.D& uctnt:
•> The well DWOtm:lDU fHS tptdfitd 00 Scbtdult "'A 11, a.Jong wl.tb rht mobili:.a.rioo/dtmobiliunoo fH described immedi3tely 1bove1 will ioc:re11se by 5% llllllU11.lly. b) Ao increase in tbe cost of carbon dioxide charged to STI by its supplier, supported by written documt11t1t1Jo11 from STI', ,upplitn e\'Jdtudog rht incrttit. c) The ,-ohnne of utboll dioltide required 10 properly sen i ce tbe well is ;:re2ter tbm that snticipued 11 tbe ~ of e..urodoo of this agreement
d) s, .. dby clwJti ,quru 10 S4l5 ptr boor !or dtl•y• c>ustd ,oltly by tbt COL, •• d ooly arm sn b4' given the COL \\'Tineo ootice of the defay and a re11sonable oppomt!lit)' to s,-oid or cure ii.
Jn tbt t\'tUI or ID WiC.rttit PW\\Wll 10 ittm "1)1
• rt!trrtd [0 immtdill.ttly tbo\·t , rht iucrt:ut ( 011 10 COL b limittd to tbe iDcr~se iD cartloll dioxide t0'!l!l31e price chl'l!::ed to STI by i~ supplier above the r1te specified iD Scbed:u:le "A ''i column ''G". lo tbe e.nnt of an increase pursU:3111 to item '\:"' above, the. increased amount ctwged to COL will be cAlcnbttd by multiplying dlt well stnict ntitt tptdfitd ou S<.btdult "'A"', column H, by tht oumbtro! 1dditioun.l 1ous of carbon dioxide required beyoiid tb:lt spKifitd in column B. lo tbe event ofiDcrelse iD both ""b" :w:I "c" sbove1 the illcrease caused by ''b" shall be cakulleed first :md applied to the calcul3tioo required UDder in·ent "'c " .
SECTION IV OJ>E.RATION OF EOUIPMEt:fL Except in tbe use of emergency, wbk h definitioii sb3ll include tbe failure of any well or 3ppurte.ll3.DCe 10 tbe well,. it l; u1M:lustood th.11 only STI employe,es or perso!lllel tt:tined by sn sllll.ll imul~ opu11.1t 1nd m.1i.Dt2iD tht tquipmtD.t tnd, COL lhlll DOt permit n.uy or its employt H or otbtrs uudtr iu conO'ol, except as authorized by STI, to operate the system.
SECUON Y ALTERATIONS; COL l lfMJ tbll.t it will nu.kt DO n.lit rtrion, in or to tht tquipmtut withOllt obclinin& prior "'"rineD pmni.;.sioii from sn.
SEC.1JON VI MAINTENANCE AND REfAIR,; STI BCfMS co ketp tht tquipmtn1 in &ood rtpiir md optr11tiq:
conditioll., allowing for reasooa.ble wear and tear. STl agrees to pay all e.xpeose$ of ll!:3iD!:rilli11g :Uld repl'liring the equipmtol fO kttp it in ptalt optJtdng condirl.on durlng tbt Ag:rHmtDI Ptriod.
SECTION VU RETultN' OF EQUIP~fB?-.'lJ: Ou e..,:piratiou of the Agreement Period, if it is demmined that STI :Uld COL dtsire to coutinue tbt wnicH a, dHcn'btd herein, tht Pirrlti lhlll n.eioriate in good birh to en.:u into I uw A;:ree.ment upon similu tffllli and conditions. lo the e\'ellt s new agreement ca110o1 be re11che~ or upon early temutllti.oo of this agreement subject to tbe provisiollS he.rein,. STI will b.3\-e tbe option to oegon.a:e tbe repurchlse tbe Eq\llpmtD.[ listtd Oil S<btd:ult "A'· from COL, Ind jf IJrttd, sn slul~ II irs own txptost , rtcO\.'t:r Hd remove rht Equipme.ot free. and cle'll' of :my encU!llbra?tCes. Aoy such reco\-ery :md remon.l of the Equipment sb:tll be scheduled at a cbte aod time mutually ageed upoii in writint by the Parties, aod io oo t\Ut sball STI reconr or re.mO\·e the.
Eq\lipmtot, tllt lDY well out or 1tnict, or othtrwi.st rtquirt COL 10 en.kt Wtll 13 (or llDY otbtr wtll) offiblt duriq, tbe su:nmw- mooths (JUDe 1 dlrough Septe-:ru.be.r 30) whe-ii COL requires the "'-ell in production, e..o::cept as dle Pmies ma.y otherwi.w, murua.Uy IP'fl fo \ffltiog. l!STI c.boos6 oot to rfPlll'Chast an.d remove tbt equipment from tbtwe.U(1), COL a;:rees not co ptnuit 11.oy of ill employtts or othen. UDde.r iu. coottol, to ope_mtt the systtm !or auiottnaou smice to the well(s)
SECTION ym INDEMNITY TOSTI FOR LOSS OR DAMAGE: lo eveD.1 of ton of or «um.aie to tbe equipment due to relSOllS that are not STl's fault, COL sb3Jl have the option to:
a) DirK t STI to rep1ir the equipment st COL's eig>eo..e; 01222.0001/643601.1
ib) Ten:ufuJ.ate ' .51 ... l\gr,eeml!,Jlt, :iin 1i"!.im.ch e,;l!,Jlt ilhe ... ~l!,Jlt sb.a.ll. ha'!.i-e• n furmer o'b~ .o e" h othl!:J.
the pl]"lii~
SHC'IlD " IX UABil.JITY ·- 1 IlffiE_ -Thl.IU I S: L - 1i,. !ity for pen;om.l :iiajury arused b}· op,2~g· haw!Jimg, ~ 1:rnb--po:rtiag tm.E!· dm:i!ag fue tm,ofthis ... i\glreem.e 5 be .ssumed 'lb,y TI;. am.ii S shall. iinlllE!-mlllify and b.otd COL lll!.Jmre55, •• and against sll snch fubiilit}'- fu mrth.mmce, tb&,eof, STI .shall, prmii . fub:i:li.."y mi-ll!I"".:.ll.ce ni.1ll:J. 1timi,; . im. ,a.DI :!ill!.'01.IIlt of 3-000,000, !l.l!.!ll!!mg COL s. ru!I. ad • :oml!l :iinsmed.
SHGI'IDNI X E\
... l\gr,eeml!,Jlt.
IlTIJ1:1NG DEFA -T : The
paymem 'lb,y OOL fora pcrioo ,oflOday,;; aftl!:J it is e,oifam.y smm~ o be•paidiby COLib) 'IlJ.e. m.a; . • e b}· ,e.i,fuer p • of ruJ.}' OD"i.'enamJ o:r ca:ndi.tiion af this; A ,greem.enrt • ·hi.ch is u . omred withm 30 d.sy,;; :.fi:l!:J • rrittm notioe co the· Do:c.-perftammg party; c) ~1\n}• 2f:fi.J!D:m--.,..e cit of:iinso '!.i E!,l1cy 'lb,y e:itheir pairt}' o:r tm.E!· fiil~· hy eirthl!:J party o- an. •· pe,tiitron um.der" bam!rupt q,' remg,m.zatiio in.;ol\iE!!ll.C}t ma m:imu law ,or any l2J1,1,r :fu:r the reliefo or rel2lting , • _b~o ::-; or,
d) Th~ :filimg ofm :iin1;;0 ·:petm.01:a:l!lll.dEir am.:i,' bamtruptcy s1Ml!Jte• aJgaim.5 . either pa..,ty o:r the ap:poim.illl!:l!-D.t of SIIJ{ reoei.1.;er or 'll!lli.tee to :;±Je. [)05!iE!cSsto:c. of1he•: :rope,..,ty ,of that part],' ·l!llliles5i 51ildJ! :petitiia-n or appo· mi:ent is; s . aside °" ·,p,rilhdm 1111 a-rc:ieas~ to be· m eff~ 1i1,lithiin. 30 .;bys of • date ,aifthe i!illing a-uppoimm }a: W ... UR..i!tJITIES: ' Il shall. · rnmty the· Bqui])llt'2mi dmmg; . term of :· -~Mt Ollily to the· S .!>haU m,::riIIJMiio, l'fild ~iir any defects iin 1'"o:d:l!!lml5bip SDd :ill:Stall.ation c:i:m:mJg th~• Agreemenrt Period. ,g 1ll:J.e, A~mea:t Period, STI shall be • ic.,;dm:i'l.ra• party r,esp;in,.~lil'lE for ,am:ymg out and makiiag a:I[ rap:ti .5 .o the Equipm':! Exce -. m the ca;;e.of emerg'.en<::!,', -oh de-Immam. sball :w.dude the• fu:ii 'ur:e of any 1i"!.;eil. or ~e t o. the wen,, :person .shall or rn . ml)' repair ,oil" mamtenam.c,e ,afthe • qmipm.em tlJmJ. • .TI.
OJL .maU. tifjt ll iimmedil!.rte]] • of SIIY brealdm\11, m.alfull. -;·o. or oth~ir e'l.~oe - ilhe equipment may Deed to be 51!,IV~ted..
S smill !ll.Ot 'lhe irespmlcSiible• :fu:r ~ - mei::e~ • e o the ·mm.11,ammted dell!iy b}·· COL iDI n-otifymg ' TI o fue maim :om. or'lhielkdo ra ,a"' eqwpm.em, or m ,D:ises wb.l!\Jie am.y ,cilam2!ge to . . -pmemi :is the· direct reruit ,a" fumi-pa..,ty acti'Oll or ,esnl - g; from. the Dl!g,ligen.ce of COL .
SBC'Il:O - ::ia:I: RESER\IBD
S, .I · , • Ni OF . . . iRS: ~o ,de-IE}• ,or om:i5sion t o ,e..'\.'eltis:e any rig!!l[, [)O'!i'lirer, or Ocll. an. ibreaoh or d uader tm.5 A greE!,lll.@D:[ "Rill iimpm SII:lf .ruch ri,ghlt_, pav.-er ,o.:r ,l!:JJJ.ed}•· of TI, n_or smill it be· am5tru to 'lhe ,a· ra:ii ·e-r o breach ,o!l" deml.ru]t, or am. acqui.esc:ea.c.e• thl!I,l!im, ,o.:r o: ~ • siimilar lbresch,o!l" ··, oocJUJrimg; !ll.or sb!!ill :. •er of any s:ingte ibxe. or deml/lili be l!ell!..!d a '!i'.!,m l!:J OC" other breach or t.
OOL s:ha:I !10-t ru:siiga. - .Agreemen: ., ·s . . Agreemen.rt ,or ,~pmicat, 'Rcil:hout .TI, 5, prior rritteD 1[ ,0il!5E!!llt , "ch CQ~ man ~ be tmre3.SiJil!ab! ' '"t'tiiil!melkl ' a:i,'E!d. ' TI mai' !11.-ot ru:SiigDI this; }\,_~men.rt or .my rig,lm uader ·tm.51 Agreem.e:al: nfilD'll!t OOL .51 ,c.all6E!mit, n·hiciJ. ODD5e<D.t • [II not be m111=2.s:Oll3..'bl:i,• dl!'Jay o :r • r.imhel .
SBC.TIO - X\r }i..GREm.'.IENT AP S,IGN : The ri,glt!G: " o:bligMi.cmi
1.mder "' •• -~l!,Jlt sfuill im.rr!re to and 'be b~ on STI .51 .am.d C,OL s re:i.-p,eoti e• 51.loces.sors. 3.lld assigns, .rubj l!:Ct, bov.-ei.'-er, r.-o 1llle pm'llmo:D.51 of l!rtion XI\<'.
SHC.'"Il:O - . E\i'ER...i\B'Il..ITY': Tm.Si A~mem: together 1i"!.m:b. any contmct be- . ee.n - Pnes. -o mdoo'e.· - e :iiIJsta!ll:w:on o"'the-Acpm Gard equipmen embodies; e e:m:ue ag;R!:<eD.t betvieeo the parties._ 11: may uo ibe mooiified 01222.0001/643601.1
pr tl!:Illl!i.na • e:i-..'Cept ill!:l : :roi..· _.f MJJl!:im.o:rbyothea- .·ttec. greBment. I am.r pro :iisjan ,oftllli_~Bnt."·. iim.ll!lri.ti, Sllr:.h :p; -hlalli 5mill be oonsicLued ,~eted • t1IE A ,gi:;e:em1!::n mid .mcaj . n t • •~ iiilltll!· th.-:!· JJl!:mafu:IiDigJ 1-JTor.i • !:L ~~ellt 5 ·m.nti . :m: s bee!!!.
,e..\.'\l! , . . . . . mli LOl!i ~p.l)'nl.eilit.
tic:e- to be-gi. e:a.· this; eememi : 5 11 be mailed to the p.1 to be notified at • oftms.-~,g:reeme:n: b reg)i.stii!~ii!d a, oBmfied mi:!i:l. . • • , mi:!i:l.eli
em itO be !:."li_ecuted ,on the e ;· d.ir ted bel.O\l•.
Date,: ______ _ Dlti!': --------
STI: COL:
SUBSURF_i\C!E TEJCHNOLOGES, IN CITY OF L!][VIN;GSTON
01222.0001/643601.1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
C-1
SUBSURFACE
TIECH OLOCI ES.
Ploome: 916.-38Mm
!Fax: 845-561-lOlS
Reliebilitaoon Teidnmotogy E ·1: ps111.el'grove®subsuriaoetedM:om 40 Stme Casm'e, Raad,. Rod Tavern, 12575
www.subrurfacetech.mm
Company Name: 10ity of l.Mngshx,
,Add'r,ess: 1416 C Sbsee't
City~ state,. Zip: Li-..ingsiDl, CA 95334
Attn: .JlesusOevez
• chi iz:ationjOe-Mabj liza :an
PROPOSAL
Piinp Removal & Re-'iffiita anol'lr Pre ,& Po.st reahinent 5tep Rate Tests and Pire & Post Vicleo Survey's
11\qLB freed CO2 '/ell Rehab it.atioo to include:
Wire Brushing, AIJ.ia Freed pr,ooes:s;. 5etupjteardown ,of development ,equ • eti oompr,es:sor- ren a ,and up bi, 40 hrs. o:f Mechanical DeveiQpment.
Adfrtic:!fel ,development: if ~ iired wil be hi led ,at '$5,000/ da-y AqLB Gerd IP:revemtive Maintenance System to, include:
Labor and Equipm ent to instal l
Fa'oocatecl Discharge Head and sta· less steel 002 piping Sales Tax oo matreriels (,8. 75 )
Crane~
Complete Pump Assemblv Inspectioo with Report
Travel & per diem
Fuel Surdiar,ge
Date! August 26r 20]6
Gell: 200.564.7510
E-mail: j11=~ livings'tanc:a.gov
S"'rl:e: Well B
UNIIT
$12,460.00
$ 24,4!00.00
$75,330.00
$22,5'35.00
$ 1:9,290.00
$ 1,6187.88
$ U,4!00.00
$ 4,410.00
$ 12,960.00
$ S50.00
TIJTAL
U ,460..00
21,400,00
75,330.00
22Sl5.00
19,, 2:90..00
1,687.88
11,400.00
4,41!0.00
12.,960.00
550.00
liOta1: 185,102.:88
INOTE(:S,),:
• .Above co.st does nm: include an-,· modi c:atioos or repairs b:J, l:he pedestal, if need'ed ,additional co.st 1,1,•il appTy. •.A Mly·,exeruted el a· tenance agr.eemem: must he received prior b:J, instal l- g ar1 Jl,qµa rGa:rd Sysberr,, Budgel!:ary .2027 iillgua Gard Service
Mobiliz:ationjiDemobi izatian
l\qlll 68'.rd SeJvice
INOTE(:S},:
Total:
2,5'60..00
19,MO.OO
21,610.100
• Price ,and delivery fur lhe goods listed ir1 l:his proposal are based Ofrl rurrelill c:o.st:s. The ma1rket: fur matsiels is nighay:
vdl tile due to several gldbal facmi:s. Therefore, • ,our oost foT ,any: m:ate1ia'ls ·lillClease, we rese1"1i'e l:he right to actust Ot..- P ·c:es accordi gjv. If prioimg hasdianged 1,1,e w ,adv.ise o lhe new pi~ce ,at·time of order. • ~ ,a,i:,cess far ni:iber tire • ehides m be (i)IDVided ,and mairitaaied by owner or owners re,presa,tative.
I towing/dragging 1,1,i l m t Oll,'llef'5 expense. stancfcy· rates wi I ,applv.
We prqoos;e m furnish materi ,and la'ho -- • oomplet.! aocordam,c:e 1,1,•ith the ,above estimates:, fur the !llll of $ 185.,102.88 ,AS OlllTllll\lBD ,ABOVE, plus 'tax Lnless a c.urre , I: boc exempt ,certificate is prov.ided. P,aymen sh:a!ll be made in acmrdanc:e with 5ediion 2.2 of the ,Agreem ent. Nb prompt-paymen dismum; late fee, <Dr nee cha1-ge s , I aw,1y, ancl the payment terms of Semon 2.2 of the Agir,eement sha I ,cocrbul ,IM!f" ,any iooonsistem: payment: te rms stated in lhis proposal.
iU ll'i.!i 1$ 9 • ed. Al >liili'kti) _ ~ ln lll . ll\!i _. fi'Qmllltli';M:$ ~IIM)t!llng ~ " l b!).~ t; r _, _ lfllCll'DW311fflllllilll __ _ ~ _ ii!l i-:1 i!b;MI, the ~-- il<II ~ ~g!i!lit t,p;ll'I _ _ __ o, i.ilU maintain ll'.l!!i'dill ll!f.~~le ~ .· 'lili'! N1,r;tte f,Qi' tl'Je~ Olil:l11$~ llle~~ I~ i!i'lfl ' i;tlllblal ~;tte i'ie~~ _ lne . • -•-• (!11'$ 1~ STI ,A.utnori~I!G:
------------- O&:omer ~pted: ------------
Pri , ~ 131mefTrtle: __________ _ Printed , amefrrtle~ ___________ _ Date: Date: ------------- -------------- IE "'1!0WI QJOTfflO.N fUR ,IJUR OO.NSlDER.I.TI(JJil,, 911)!!JLD 'l1Jl!J PIAIJ;!E .wJ.N ORDllR, BE AS,91.R!ID IT Wlll ~(E!i.E CM!R " • ~TIENTI 7llfS ~ TiON IS ~BillIOIID TO ((IND ·ons PRINTED O.N ~ SIDE,, ,!IND JS VAUD FOR 1CI VS. TIIIERYFTEllt IT IS SUBJECJIDlQ 1(],IANGE wmtOUT 111"1 rs; 01222.0001/643601.1
C-2
STAND.\RD TIRMS AND CONDffiONS
STI 30'ffl to providt rht sm icH set !ortb on tht front of rhb A~t punuaot to tbt tmm of this Agrttmtnt, ind udinr. but DOt li.mittd to, tbt !ollowillg StlDdMd Ttmu and Cooditiom which com:tirurt t p:u, of thb Ag:rHDllllt ARTICLE 1, RIGHT OF O'TRY: Tht Customer (uwaniq tht Ciry oflhiD;:$lon, or "COL") p-aab a ri;bt ofptriodic tntry STI, Us age:aa , staff, coosultmts ruid co:it~ors or subcontractors., o:it:o the \Vell 13 si::e only and no otbe-r COL property, for the pwpo;e ofperfomting all acts, srudles, and resell'C.b (induding. "'itbout limitation, the obwning of sm1ple; and the pe.rfonmDce of re;ts and e\'alw.tions) pw:suml to the ~m ices Wlde.r this Agreement. Any such elltt'y stwl occur ollly during COL's nonn.tl working boun o!?:00 un. to ):)Op.DJ. (Wllus an alttnl3.ti\ 'f tunt is :\PPfO\'ed in a.d\'uce by COL\ O11ector of Public Works) :wd s.ha.ll bt SubjKt to tht Dodo rtqWrtDitlUJ Stt (onb in Exbi.'oit ·&"' i«dou. IIl(b). In rht t\'tlU of o.u.ycoDJlkt btt\\'HD. lb.a Arnd t and Exbi.'oit "B", \bt pro\is.iom of Exhibit "B" wll fO\'tm.
ARTICLE 2, SAMPLIN'C A.lo© TE~C LOCATIOS: TMt demibtd ill 'STI"s report or Ylowu on sketcbts are ba~ o::i specific in!onmtio:a fumisbed by otbers or estiw.tes made iD the field by STh p,e!SOllll@L Suc.b dime:llSioos, depilis or ele\·aiioos ue approxim.i.Uoos 3lld are not w:l!ln:ed to be exact ARTICLE l. DOC1.IME!."n°S: Castomer will fa.raisb or uast to bt fa.raisud H<ll rtport,, <hta, stadit1, pl.as, ipteificttioo.s, documma IUldotbtr infomuriou. dttmtd MCtiwybySTI for rbt proptrptrforrwmu of SIT, smicH l)\U\UJ.Dl io tms Apttmtnt. STI DlllY rely upoo doamle.Dt1 providtd by rbt C\momer ill ptrfoJllllll& lbt stMcts requi;rtd undtr dlls A;reemtnt; prO\i dedi bo-,, ·e\'er, tlut STJ remaiDS re-spollSibl.e for exerciiUl& pro!el\io!Ul judpnmu iD e,'lllw.tin; the adequacy, 3ecuncy1 :md applic-abilit)• of such docwn.nts to the senices.
ARTICLE 4. LlABllln': Castomu agrHS to limit STI's ti.ability to cmtomu arWag from otgligut or other acts, urors, or ommioru, \ Uch thlt STrs total au;re:,.tt hability tor any ctUSf and based upon any kg.al tbtory, iodudfog urict liability, w1l DOC txcffd lhf Total Chut H rKti\'td by sn put\\Wlt 10 tllb Agrttmtnr; pn)\i dtd,. bOWt\'tJ, Wt tlili limita.rioo wl.l 001 apply 10, tud sb.:lll DOT !wit, Sil's illdtlnnifiutioD obliprioza, iDbingtmGl of iDttlltcro.:&l riP,t1, or STrs ,r011 DtJlip.oct or willful miscODINCr.
In tbe t\'Hlf of UI)' conflict bff.\1iiD dlls Article 110d tbe Ap-etme:Dt Of Exhibit ''B· (inchtdiq Stcliom S.l uid C{), tbe A(Jffmi:Dt 1lDd E.Ulbit "B" shall govem.
ARTICLES. l.lNFORESEE:N OCCURRENCE:: If, du.ring tbe performance of se-nices, any afortsun conditio11$ or oc.cwrenc.es Ut !!ICOWl.tertd whitb ruSOIUbl)' lllld, sipil.tic311.tly affect tbt stnices to be per!onntd U!ldtr this Aptt.mtllt b)' STI or tbt ri\l£ io,·oh-.d ioprO\iding lht sm ict~ STI m:iy ttnuioa.:e rhh Ag:rffllltllt :md tbt \tMcts upon 'ATitttn nod.ct, 1\1.bjKt to Stcti.oo 7 .4 of 1bt A,rttmtn1 and STr, rigb.1 io <Omptl)Jtlioo for W\icti mis&ctoaily ruukrtd tb.rou,:b 1bt t.ffKD,, dart of ttrmill:&liou.
ARTICLE 6. FORCE ~-LUEU"RE: STI is not n spoDSiblt for damages or delay in pe-rlonnaau caused by acts of Cod, sttik~~ lockou1s, acddeats, or othff e\·ea:s beyond the cootrol of5.'TI ARTICLE 1. NO nmID PAR1Y BtNIJ'IClARIIS: Tbis Agret.mtnt givtl no rights or bentfits to lD)'ODt otber tbu tbt Cunomtr md s n Hd dl.i.s Ag:rHmtut 1:w DO tb.ird-pony btttfid arit,.
ARTICLE 8. LECAL AGTION: All ltpl actiom by titlltr party a; aiast tlbe otbtr arnill; from this A.;rttmtat, or for tbt b ilure to perform in accordmce with cbe applicable u:md.ud of care, or :my odlercau.e ofactio~ shall be go,-en:aed by me apptiuble smu:es oflimitatiom UDder C'.aliforofa law, 3M oothing in this Agreeme~; s!w.l shone~ or oibernis.e limit thos.e periods.
ARTICLE 9. SUR.VIVA!.: AD obti,ga.rloos arhiag prior to tht ttnniaation of this Agretme.ot a.od all provhioos o(tbis AP'ff%lltut allocating mt rtspoosl'oillry or lia'oiliry bmrHD c,momer md s n uall SUM\·t lht complt tioo of tbt sfflicH md tbt ttnniD.ition of dl.i.s Ap-Hmtu1.
ARTICLE 10. VITECRATIOS: Tbh .4;J"ttmtnt and tbe documtnh artaclltd htrtto and which art iDcorpon ttd btrtia coosrinne the emi--e Ap-eeme:ot be,rw~o the pmies 3lld caoraot be c!:wlged e:oocept by a wrirteo i~mt!llE-:n.'l signed by ill Jllffles hereto.
In tbe e,-ent of any collllict :uuoog the docwuents comprising tbis Agreement, the following order of precedence sh.1ll control:
(l) the Prorusional Sen'lces.~tnt; (2) E:du'bit "B" (SpecW Requirtmto~); (l) E:du'bia "A", "C". w "D"; aod (4) tbe.e sn Standard Team and Coodirio:DJ.
ARTICLE l l. GOVEAA·lNG LAW: Tbb AgrftlllHt sbJU bt go,'tntd iD U UJ)Kt1 by iht lnn of iht Sti tt of C1lifonUJ, collS.i~ent with Secaoo 7.1 of tht Apetmellt. To the extent ll!lYPf'O\·isiollS of tben Stmdtu'd Tenns ll!ld Co::lditiom conflicts with the Agreeme-m or E.'ih!Oit ''B•, the Agreement and E.'tllibit "B" sh."U.l gO\·em. 01222.0001/643601.1
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice that reflects the proposal amount shown in Exhibit C-1.
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for all personnel are attached as Exhibit C-1. 14
D-1
01222.0001/643601.1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
Not Applicable
STAFF REPORT
AGENDA ITEM: Adopt the 2026-2027 Strategic Plan and its Identified Priorities MEETING DATE: October 6, 2026
PREPARED BY: José A. Ramírez, City Manager
Recommendation:
1. Adopt the 2026–2027 Strategic Plan and its identified priorities.
Background:
The City Council conducts an annual Priority Setting process to improve decision-making and ensure that limited staff and financial resources are focused on initiatives that extend beyond routine operations and reflect the community's highest priorities.
Council priorities serve as overarching focus areas that guide the City's projects, programs, and policy decisions. By identifying and defining these priorities, the City Council ensures that staff efforts and available resources remain aligned with the most critical needs of the community.
The 2026–2027 Strategic Plan establishes a clear direction for major policy areas over the next four years and provides a framework for budget development, resource allocation, and implementation efforts. The Plan serves as both an actionable roadmap for the near term and a foundation for longerrange strategic planning.
Discussion:
Development of the Strategic Plan included a comprehensive engagement process consisting of community meetings, workshops, stakeholder convenings, and internal alignment sessions with crossdepartmental staff teams. Information gathered through these efforts was analyzed, synthesized, and organized into five (5) strategic focus areas that reflect the community's priorities and aspirations.
On May 19, 2026, the City Council identified the following five (5) priority areas for Sin the City's Strategic Plan:
• Public Safety
• Critical Infrastructure
• Parks and Recreation
• Economic Development
• Community Engagement and Transparency
Attachment A provides a comprehensive summary of the priorities expressed by community members, key stakeholders, City leadership, and the City Council, and presents them within the framework of the proposed Strategic Plan.
Fiscal Impact:
There is no direct fiscal impact associated with adoption of the Strategic Plan.
Attachment:
1. Resolution
2. 2026-2027 City of Livingston Strategic Plan
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING THE 2026-2027 STRATEGIC PLAN AND ITS IDENTIFIED PRIORITIES
WHEREAS, the City Council conducts an annual Priority Setting process to improve decisionmaking and ensure that limited staff and financial resources are focused on initiatives that extend beyond routine operations and reflect the community's highest priorities; and WHEREAS, Council priorities serve as overarching focus areas that guide the City's projects, programs, and policy decisions. By identifying and defining these priorities, the City Council ensures that staff efforts and available resources remain aligned with the most critical needs of the community; and
WHEREAS, the 2026–2027 Strategic Plan establishes a clear direction for major policy areas and provides a framework for budget development, resource allocation, and implementation efforts. The Plan serves as both an actionable roadmap for the near term and a foundation for longer-range strategic planning; and
WHEREAS, the development of the Strategic Plan included a comprehensive engagement process consisting of community meetings, workshops, stakeholder convenings, and internal alignment sessions with cross-departmental staff teams. Information gathered through these efforts was analyzed, synthesized, and organized into five (5) strategic focus areas that reflect the community's priorities and aspirations; and
WHEREAS, on May 19, 2026, the City Council identified the following five (5) priority areas for inclusion in the City's Strategic Plan: Public Safety, Critical Infrastructure, Parks and Recreation, Economic Development, and Community Engagement and Transparency; and WHEREAS, a comprehensive summary of the priorities expressed by community members, key stakeholders, City leadership, and the City Council, presented within the framework of the proposed Strategic Plan, is attached hereto as Exhibit A; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:
1. The above recitals are true and correct findings of the Livingston City Council.
2. The City Council hereby adopts the 2026-2027 Strategic Plan and its Identified Priorities.
3. This Resolution will become effective immediately upon its adoption.
I hereby certify that the foregoing Resolution No. 2026-____ is a full, true and correct copy of a resolution duly passed and adopted by City Council of the City of Livingston at a regular meeting thereof duly held on 6th day of October 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
City Attorney or Assistant City Attorney
of the City of Livingston
2026-2027 City of Livingston Strategic Plan
2026-2027
CITY OF LIVINGSTON
STRATEGIC PLAN
2026 2027
2026-2027 City of Livingston Strategic Plan
ABOUT CITY OF LIVINGSTON 3
LEADERSHIP 7
MISSION, VISION, & VALUES 9
CORE SERVICES 11
AREAS OF STRATEGIC FOCUS 13
1. Public Safety 14
2. Critical Infrastructure 15
3. Parks & Recreation 16
4. Economic Development 17
5. Community Engagement & Transparency 18
CITY MANAGER LETTER 19
Index
2026-2027 City of Livingston Strategic Plan
ABOUT CITY OF LIVINGSTON
Livingston is a City on the move and is in a period of transition and transformation due to new residential and commercial development. The community is rapidly becoming a premier ethnically diverse, residential, commercial and industrial center in Merced County and Central Valley. It is strategically located along one of California’s major freeway arteries and is just two hours from San Francisco, the Pacific Coast and the majestic Sierra Nevada Mountains.
The city of Livingston is located near Highway 99, providing easy access to other parts of the county, the Central Valley and the rest of California. As is typical in Merced County and the Central Valley, agriculture is the cornerstone of Livingston's economy.
The city is home to one of Foster Farms' largest poultry processing plants, which is a major employer in the county. Cultural diversity is celebrated in the city, with events that reflect the community's strong Hispanic and Sikh heritage.
Merced County’s current economic condition is composed of its economic, physical, and social environments. These environments are connected and influence each other. For example, the physical environment is the infrastructure (streets, utilities, development sites, etc.); the social environment consists of population, income, housing, health, and safety; and the economic environment encompasses the industry mix, jobs and employment which are all influenced by physical and social characteristics. Achieving a balance among these environments is necessary to create and sustain a socioeconomically healthy community.
Merced County covers 2,000 square miles and has a population of 297,700.
Livingston is a thriving community with strong family values. Livingston is experiencing significant growth from urban and commercial development. Through all the projects embarked, the City's focus is to provide its residents with quality services while retaining their family focused values.
Livingston lies in the fertile San Joaquin Valley. Like the rest of the valley, it has long, dry summers and mild winters, alternating between fog, rain, and sun. Livingston is considered a primary hub of the agriculture industry due to its fertile soil. Some of the major agricultural industries/crops are:
ABOUT CITY O LIV GS 0
2026-2027 City of Livingston Strategic Plan
Agriculture
Merced County is one of the most productive agricultural areas in the state with $1.75 billion in annual products and $6.5 billion in economic impacts. Agriculture will continue to be economically important to Livingston. The main agricultural products produced in the Livingston area include:
Chickens and Turkeys
The Foster Farms poultry company headquarters and main processing plant are located in Livingston. The chicken ranches import most of their feed from other parts of the United States. The tallest building in the area is the Foster Farms grain elevator located in Delhi, right outside the Livingston city limits.
2026-2027 City of Livingston Strategic Plan
Dairy
Merced County is the second largest dairy producer in California, right behind Tulare County. The Joseph Gallo Dairy, just outside Livingston, has the single largest dairy herd in the United States. Neighboring towns (especially Hilmar) have many more dairy cattle. According to statistics from the California Department of Food and Agriculture, Merced County had 305 operating dairies in 2006, down from the 327 dairies in 2005 and 335 dairies in 2000. While the number of dairies has gone down, the number of milk cows increased by 4,000 during that 12-month period. Dairy farmers and industry experts say recent increases in feed costs, tightened environmental regulations and growing pressure to sell land for development are among the factors that could be pushing some dairies to close.
---------
2026-2027 City of Livingston Strategic Plan
Grapes
Joseph Gallo, Ernest and Julio Gallo, the Arkelian family, and many family farmers grow grapes for wine, the table and raisin-making. Ernest and Julio Gallo have a major grape pressing operation near Livingston.
Sweet Potatoes
Ninety percent of the sweet potatoes grown west of the Rockies are grown and packed in Livingston, Delhi and Atwater. The sweet potatoes benefit from the sandy soil in the area.
Other Crops
Other crops grown in the Livingston area include barley, wheat, corn, soybeans, onions, strawberries, blueberries, blackberries, raspberries, melons, peaches and alfalfa. Most of the peach orchards have been replaced by almonds. The alfalfa, soybeans and corn are grown to support the dairies.
2026-2027 City of Livingston Strategic Plan
ELECTED OFFICIALS
Elected Officials serve on regional and statewide boards, committees, commissions, and task forces to advance and protect the interests of the residents of the City of Livingston. Every member of the governing body is expected to take committee assignments and attend all committee meetings. Summarized below are the respective assignments:
Gurpal Samra, Mayor Pro-Tem
Jose A. Moran, Mayor
Robert Wallis
Council Member
Jason Roth
Council Member
Japjeet Singh Uppal
Council Member
F ICI L
2026-2027 City of Livingston Strategic Plan
Board/Commission/Committee Representative/Liaison Alternate Merced County Association of
Governments (MCAG) Governing Board Gurpal Samra Jose Moran Merced County Local Agency Formation
Commission (LAFCO) Jason Roth
Central Valley Division League of
California Cities Jose Moran Japjeet Uppal
Merced County Mosquito Abatement
District Board of Directors Gurpal Samra Jason Roth
Special City Selection Committee of the
San Joaquin Valley Air Pollution Control
Board
Robert Wallis Japjeet
Uppal
City Council Liaison - Livingston
Planning Commission Jason Roth Robert Wallis
City Council Liaison - Parks, Recreation
and Arts Commission Jose Moran Japjeet Uppal
Utility Stakeholders Committee Japjeet Uppal Robert
Wallis
Merced Integrated Regional Water
Management Plan (MIRWMA) Japjeet Uppal Robert Wallis
2026-2027 City of Livingston Strategic Plan
MISSION, VISION, AND VALUES
The City of Livingston has a formally adopted Community Vision, Mission Statement, and Community Values as part of its strategic planning framework.
Mission
The City's mission is to:
Protect the health, safety, and welfare of residents; ensure quality development that preserves Livingston's small-town character; deliver responsive and efficient municipal services; encourage a culturally diverse community; and promote a diversified economy that supports the City's long-term financial stability.
Vision
Livingston's vision is to be:
A city that preserves its scenic beauty and unique character while providing educational, cultural, recreational, historic, and economic opportunities for its diverse population. The city envisions itself as a regional center for agriculture, warehousing, light manufacturing, and retail commerce, while maintaining a high quality of life and vibrant community.
Key themes in the vision include:
• Preserving natural beauty and environmental quality
• Maintaining a rural, open, small-town character
• Supporting diverse housing and neighborhoods
• Developing safe and attractive transportation networks • Encouraging environmentally compatible economic development • Providing efficient municipal services
• Working cooperatively with regional partners and other governments.
Core Values
Livingston's community values emphasize:
• Environmental stewardship and preservation of natural resources • Orderly, attractive, and high-quality development
• Public safety and community well-being
15510 , VIS O , A D VALUES
2026-2027 City of Livingston Strategic Plan
• Strong community spirit and citizen participation
• Welcoming diversity and encouraging volunteerism
• Efficient and effective public services
• Honest, dependable, ethical, and accountable government • Cultural and recreational opportunities for residents • Regional cooperation and shared responsibility.
These values are the community's "non-negotiable core principles" and are intended to guide planning, budgeting, capital improvements, service delivery, and future growth.
2026-2027 City of Livingston Strategic Plan
CORE SERVICES
The City of Livingston is a full-service municipal government that provides a broad range of services to residents, businesses, and visitors. The city’s core services include:
Public Safety
• Police services and law enforcement
• Fire protection services (provided through Merced County/Cal Fire partnerships) Utilities
• Water supply and distribution
• Wastewater (sewer) collection and treatment
• Storm drainage services
• Sanitation/garbage services (currently provided through a contracted vendor) Public Works & Infrastructure
• Street construction and maintenance
• Street lighting, traffic signals, and signage maintenance • Engineering and inspection services
• Maintenance of public infrastructure and facilities
Community Development
• Planning and zoning
• Building permits and inspections
• Economic development programs
• Development review and code-related services
Parks & Recreation
• Recreation programs
• Community events and activities
• Park maintenance and recreational facilities management
CORE SERVICES
2026-2027 City of Livingston Strategic Plan
General Government Services
• City administration
• City Council and governance support
• Budgeting and finance
• Customer service and utility billing
• Boards and commissions support
In short, the City of Livingston's primary responsibilities are public safety, utilities, infrastructure maintenance, community development, recreation, and municipal administration, making it responsible for most day-to-day local government functions within the city.
2026-2027 City of Livingston Strategic Plan
AREAS OF STRATEGIC FOCUS
1. Public Safety
2. Critical Infrastructure
3. Parks & Recreation
4. Economic Development
5. Community Engagement & Transparency
1 Pu c afe y
2 Cr tlcal fras r ct re
3 Pa s & Recr atlo
4 co c eve op
5 Commu y
C
2026-2027 City of Livingston Strategic Plan
Key Priorities:
• Create a safe bike and walking path network.
• Require green space integration in all new developments. • Expand youth engagement programs, including internships for high school and college students.
• Implement workforce development programs to recruit and train firefighters and police officers.
• Protect residents through strong emergency services and proactive health initiatives.
1. Public Safety
2026-2027 City of Livingston Strategic Plan
Key Priorities:
• Expand water capacity and ensure safe, clean drinking water for all residents. • Upgrade and expand the wastewater treatment plant.
• Establish a Capital Improvement Program (CIP) for water and wastewater systems.
• Develop additional water wells.
• Improve community notification systems (accessible communications). • Plan for a second fire station to meet future demand. • Increase street and public area lighting.
• Revamp the City’s website
• Improve stormwater systems, including pump station renovations. • Invest in reliable, sustainable infrastructure to support current and future growth.
2. Critical Infrastructure
2026-2027 City of Livingston Strategic Plan
Key Priorities:
• Complete the Recreation Complex (Rec Plex) and expand recreational amenities.
• Develop new community attractions such as a skate park and/or water park. • Increase family-oriented recreation (camping, fishing, outdoor programming). • Complete key projects such as the Rec Plex.
• Expand recreational and economic assets such as a multipurpose sports complex.
• Promote public art, color, and cultural expression throughout the city. • Enhance Livingston’s sense of place through recreation, culture, and inclusive community programs.
3. Parks & Recreation
2026-2027 City of Livingston Strategic Plan
Key Priorities:
• Partner with affordable housing developers to secure funding and build new units.
• Encourage development of moderate-income single-family housing. • Explore rent assistance, homebuyer grants, and incentive programs to retain residents locally.
• Support policies that maintain neighborhood stability and long-term residency.
• Ensure the fire department is fully staffed.
• Preserve Livingston’s small farm community identity while allowing a balanced mix of housing types.
• Promote community cohesion, diversity, and inclusion initiatives. • Integrate environmental sustainability and public health into city planning. • Develop wellness and intergenerational spaces for community healing and connection.
• Focus commercial development along key corridors such as Highway 99. • Coordinate with the county to annex land for strategic growth. • Conduct a retail leakage study to identify missing businesses. • Identify and activate vacant downtown properties.
• Attract community-oriented developers and locally rooted businesses. • Activate and revitalize business corridors.
• Finalize a Master Tax Sharing Agreement with Merced County • Recruit diverse sit-down restaurants and targeted retail, including select chain establishments where appropriate.
• Promote accessible, diverse, and stable housing opportunities.
4. Economic Development
2026-2027 City of Livingston Strategic Plan
Key Priorities:
• Align funding decisions with clearly defined city priorities. • Increase public participation
• Evaluate governance structures such as city council districts and term limits. • Address youth & adult mental health issues.
• Implement smoke-free policies in multi-unit housing and shared public spaces. • Address low parent engagement and awareness of available resources. • Increase the role of City Departments, Faith-Based Organizations, Local Health Clinics, County & Businesses working collaboratively (Strengthen Cross-Sector Collaboration to address Community Needs). • Maintain strict adherence to budget and financial policies. • Full itemization of the City’s budget available for public view. • Host at least two (2) town halls between January-February 2027 to solicit community feedback and inform the creation of a multi-year Strategic Plan, with at least one (1) of these town halls hosted at a school site. • Ensure transparent, accountable, and community-driven decision-making.
5. Community Engagement & Transparency
2026-2027 City of Livingston Strategic Plan
CITY MANAGER LETTER
It has been a great privilege to contribute to the development of the 2026-2027 City of Livingston Strategic Plan, a document that will serve as a roadmap for addressing the challenges and opportunities facing our community in the years ahead.
The development of this plan reflects the insights gathered through numerous community conversations, workshops, and stakeholder convenings. The final document represents the collaborative efforts of the City Council, city department heads, and community members who generously shared their perspectives, ideas, and aspirations for Livingston’s future.
Together, these contributions have helped create a strategic plan that reflects our community’s priorities and provides a clear direction for achieving meaningful and sustainable progress.
The purpose of this strategic plan is to align the City’s resources, efforts, and actions with the priorities that matter most to our community. More than a planning document, it provides a framework for decision-making, establishes clear direction, and outlines actionable strategies to guide our work over the next several years.
By focusing on shared goals and measurable outcomes, this plan will help ensure that City initiatives are responsive to community needs, fiscally responsible, and aligned with our vision for Livingston’s future.
I look forward to our continued partnership and the meaningful progress that will result from implementing this plan.
Sincerely,
Jose Antonio Ramirez
City Manager
STAFF REPORT
AGENDA ITEM: Resolution Approving the Submittal of a 2024 NOFA application to the California Department of Housing and Community Development HOME Program for a First-Time Homebuyer Program in an amount of $500,000 and authorizing the City Manager and Director of Finance to Execute all Required Documents as applicable.
MEETING DATE: October 6, 2026
PREPARED BY: Happy Bains, Finance Director/Assistant City Manager REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Staff recommend that City Council adopt a Resolution of the City of Livingston approving the submission of a HOME Investment Partnerships Program (HOME) 2024 Notice of Funding Availability (NOFA) funding application in the amount of $500,000 for the First-Time Homebuyer program activity and authorizing the City Manager and Director of Finance to execute all required documents as applicable.
BACKGROUND/ DISCUSSION:
On December 30, 2024, amended February 11, 2025, and January 21, 2026, the California Department of Housing and Community Development (HCD) released a NOFA announcing the availability of HOME Program funds of approximately $35 million from the FY 2023-2024 funding allocation. Under this NOFA, funding applications are still being accepted on an over the counter (OTC) first-come first-served basis until the current-available funds, approximately $14 million, are exhausted.
Eligible activities benefit low- and moderate-income Californians and include: Rental Projects (rental new construction and rental rehabilitation), First-Time Home Buyer (FTHB) Projects (construction financing and homebuyer mortgage assistance only), and Program Activities (First-Time Homebuyer, OwnerOccupied Rehabilitation (OOR) and Tenant-Based Rental Assistance).
Applicants applying for Program activities may apply for a minimum of $500,000 and a maximum of $1,000,000. If an applicant did not have a 2016, 2018, or 2019 HOME grant award, such as the City of Livingston, the maximum they are eligible to apply for is $500,000.
The proposed First-Time Homebuyer (FTHB) program will provide secondary financing to first-time homebuyers with household incomes at or below 80% of area median income (AMI) for downpayment assistance, closing costs and gap financing in the purchase of existing or new single-family homes.
Financial assistance is available for up to 49% of the maximum purchase price and shall not exceed the maximum subsidy limit as established by HUD annually. Loans are zero interest, deferred payment loans with a term of 45 years and become due and payable upon sale or transfer of title. The amount of HOME assistance provided is based on household income, housing and debt ratios, the maximum loan a borrower qualifies for with a primary lender, and the purchase price of the unit. Homes purchased shall not exceed the maximum purchase price/value limits established by HUD annually.
Staff propose that the City submit a 2024 HOME NOFA application in the amount of $500,000 for First-Time Homebuyer activity to provide qualified households with FTHB assistance within the city limits of Livingston. This amount includes allowable activity delivery costs that will be used to pay the City’s intended subrecipient, Self-Help Enterprises (SHE), for the implementation of the program. General Administration (GA) costs to SHE will not exceed 2.5% of the NOFA funds being requested. The proposed NOFA funds being requested are as follows:
Program Activity
Funds (including
activity delivery costs)
General
Admin
Funds
TOTAL
NOFA
Application
Request
First-Time
Homebuyer Program $487,500 $12,500 $500,000
The City is pursuing two separate and distinct HOME allocations. First, in August 2026, the City, via its consultant Self-Help Enterprises, submitted a HOME Program Income (PI) application to HCD, requesting to spend its balance of HOME PI, plus future receipts, on both First-Time Homebuyer (FTHB) and Owner-Occupied Rehabilitation (OOR) program activities. That PI application included $276,832 of PI cash-on-hand for each of the FTHB and OOR activities, together with related administration and activity delivery costs. Second, and separately, the 2024 NOFA grant application that is the subject of this report requests $500,000 solely for FTHB activity to help address this community need. The OOR program is supported only through the separate August 2026 PI application and is not part of this 2024 NOFA grant request.
FISCAL IMPACT:
$4,500 will be expended from the approved Fiscal Year 2026-2027 budget from HOME Program Income, Account 1214-700-4310 – Contract Services.
ATTACHMENTS:
1. Resolution
GOVERNING BOARD RESOLUTION
RESOLUTION NO. _XXXX-XX__________
THE GOVERNING BOARD OF
CITY OF LIVINGSTON
HEREBY AUTHORIZES: Submittal of an application to the California Department of Housing and Community Development for a NOFA grant and the authority to expend Program Income, Recaptured Funds, and Program Income Administrative Funds (hereinafter collectively “PI Funds”) under the HOME Investment Partnerships Program (HOME); and if approved, the execution of a Standard Agreement, any amendments thereto, and of any related documents necessary to participate in the HOME Program.
WHEREAS:
A. The California Department of Housing and Community Development (the “Department”) is authorized to allocate HOME Investment Partnerships Program (“HOME”) funds made available from the U.S. Department of Housing and Urban Development (“HUD”). HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200.
B. On December 30, 2024, amended February 11, 2025, and January 21, 2026, the Department issued a Notice of Funding Availability announcing the availability of funds under the HOME program (the “NOFA”).
C. In response to the NOFA, the City of Livingston, a municipal corporation (the “Applicant”), wishes to apply to the Department for and receive an allocation of HOME funds.
D. Applicant is in possession of $276,832 of HOME PI Funds derived from payments, payoffs, and/or residual receipts from prior Department-funded HOME loan(s) made by Applicant, and anticipates receipts as high as $500,000 of additional HOME Program Income and/or Recaptured Funds in the next four years, of which $250,000 is requested to be approved by the Department for expenditure on the project or activity(ies) specified below, and for HOME administrative costs. These PI funds relate to the Applicant’s separate HOME Program Income application submitted in August 2026 and are to be expended on both the First-Time Homebuyer Program and the Owner-Occupied Rehabilitation Program; they are distinct from the $500,000 grant allocation requested under the 2024 NOFA in paragraph 1, which is solely for the First-Time Homebuyer Program.
IT IS NOW THEREFORE RESOLVED THAT:
1. In response to the above-referenced HOME NOFA, the Applicant shall submit an Application to the Department to participate in the HOME program for a grant allocation of funds not to exceed Five hundred thousand Dollars ($500,000), which grant allocation is requested solely for the First-Time Homebuyer Program. Separately, and as described in Recital D above, the Applicant requests approval to expend HOME PI funds not to exceed five-hundred twentysix thousand eight hundred and thirty-two dollars ($526,832) for the following activities and/or programs:
First-Time Homebuyer Program
Owner-Occupied Rehabilitation Program
to be located in the city limits of the City of Livingston.
2. For clarity, the two allocations are distinct: the $500,000 grant allocation requested under the 2024 NOFA is solely for the First-Time Homebuyer Program, while the HOME PI Funds (not to exceed $526,832) support both the First-Time Homebuyer Program and the OwnerOccupied Rehabilitation Program under the Applicant’s separate HOME Program Income application. The Owner-Occupied Rehabilitation Program is not funded by the 2024 NOFA grant.
3. If the Application for funding is approved, then the Applicant hereby agrees to use the HOME funds for eligible activities in the manner presented in its Application as approved by the Department in accordance with the statutes and regulations cited above. The Applicant will also execute a Standard Agreement with the Department, any amendments thereto, and any and all other documents or instruments necessary or required by the Department or HUD for participation in the HOME program.
4. The Applicant hereby authorizes and directs the City Manager or Director of Finance or designee to execute, in the name of the Applicant, the HOME Standard Agreement, other HOME-related contracts and conveyances, and any subsequent amendments thereto.
5. The Applicant hereby authorizes the City Manager or Finance Director, or their designee, to execute, in the name of the Applicant, drawdown requests and any other HOME Program form requiring a signature, as may be required by the Department from time to time.
PASSED AND ADOPTED THIS 6th DAY OF October, 2026.
CERTIFICATION OF ATTESTING OFFICER
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 6th day of October 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
Of the City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
APPROVED AS TO LEGAL FORM
________________________
City Attorney or Assistant City Attorney
Of the City of Livingston
STAFF REPORT
AGENDA ITEM: Introduce and Waive the First Reading of Ordinances (1) Adding Chapter 9- 13 (Water Conservation Requirements) to the Livingston Municipal Code, (2) Amending Chapter 9-4 (Water Service Regulations) and (3) Amending Chapter 9-12 (Urban Stormwater Quality Management), to Formalize the City’s Water Conservation Framework and Conform the Municipal Code to the 2025 Urban Water Management Plan, the Water Shortage Contingency Plan, and California Law.
MEETING DATE: October 6, 2026
PREPARED BY: Anthony Chavarria, Public Works Director
REVIEWED BY: Jose Antonio Ramirez
RECOMMENDATION:
Staff recommends that the City Council: (1) conduct a public hearing to adopt the findings of necessity for a water conservation program required by California Water Code section 375; (2) find that the ordinances are exempt from the California Environmental Quality Act (CEQA); and (3) introduce and waive the first reading of the following three ordinances, and set the matter for second reading and adoption:
• Ordinance No. 2026-___ adding Chapter 9-13, Water Conservation Requirements; • Ordinance No. 2026-___ amending Sections 9-5-45, 9-5-71, and 9-5-72 of Chapter 9-5; and • Ordinance No. 2026-___ amending Section 9-12-7 of Chapter 9-12.
The three ordinances are designed to be adopted together and to take effect concurrently.
BACKGROUND:
The City of Livingston serves a population of approximately 14,441 residents and relies exclusively on groundwater from the Merced Subbasin for its municipal water supply. As an urban water supplier, the City is required by the California Urban Water Management Planning Act (Water Code sections 10610– 10657) to prepare an Urban Water Management Plan (UWMP), and by Water Code section 10632 to adopt a Water Shortage Contingency Plan (WSCP) as part of that UWMP. The WSCP must establish six standard water shortage levels, corresponding to supply shortages of up to 10, 20, 30, 40, and 50 percent and greater than 50 percent, together with shortage response actions and enforcement authority.
On August 18, 2026, the City adopted its 2025 UWMP and WSCP by resolution, including expected voluntary and/or mandatory conservation measures depending on the stage (1 through 6) of water shortage. The City is also allowed to adopt regulations for both emergency operation of the WSCP (under Cal. Water Code section 350 et seq.) and to enforce a water conservation program (under Cal.
e
Water Code section 375 et seq.) to preserve the City’s water supply. The adoption of these regulations requires a properly noticed public hearing. The City's existing Municipal Code addresses water in several chapters — Chapter 9-5 (Water Service Regulations), Chapter 9-11 (Water Efficient Landscaping and Irrigation), and Chapter 9-12 (Urban Stormwater Quality Management), but it does not contain a single, comprehensive, enforceable water conservation and drought-response chapter tied to the WSCP. These ordinances close that gap and harmonize the related chapters.
DISCUSSION:
1. New Chapter 9-13 (Water Conservation Requirements)
The proposed Chapter 9-13 establishes a comprehensive water conservation framework consisting of:
• Permanent, year-round water conservation requirements (prohibitions on water waste, free-flowing hoses, non-recirculating decorative fountains, mid-day irrigation, and irrigation during or within 48 hours of rain);
• Six standard water supply shortage levels that mirror the 2025 WSCP, each with the same percentage shortage range and target demand reduction (Level 1: up to 10% / 5% reduction, through Level 6: greater than 50% / 60% reduction);
• Declaration authority allowing the City Council, by resolution, or the Public Works Director where authorized, to declare, adjust, or rescind a shortage level based on the AWSDA and consistent with Water Code section 350 et seq.; and
• Enforcement provisions, including administrative penalties (written warning, then fines not exceeding $100, $200, and $500 for successive violations within a 12-month period), variance and hardship relief, and a misdemeanor designation under Water Code section 377.
A central feature of Chapter 9-13 is that it incorporates the WSCP's shortage-response measures by reference, as amended or updated from time to time. The detailed measures set out in the ordinance operate as a default schedule that applies unless and until superseded by the current WSCP. This approach, supported by Water Code section 10632.2, which allows the City to implement shortage actions without formally amending its plans, means the City will not need to re-adopt or amend the ordinance each time the UWMP or WSCP is updated on its five-year cycle. The ordinance sets the enduring policy, thresholds, and enforcement authority; the operational detail tracks the WSCP automatically.
2. Conforming amendment to Chapter 9-5 (Water Service Regulations) Chapter 9-5 currently contains provisions that overlap the new framework: Section 9-5-45 (Water Use Curtailment), Section 9-5-71 (Waste of Water Prohibited), and Section 9-5-72 (Water Restrictions). To avoid duplicative or conflicting provisions, the amendment revises these three sections to crossreference Chapter 9-13 and consolidates the substantive conservation requirements there, while leaving Chapter 9-5's operational provisions (service, billing, metering, backflow prevention, and the water shutoff/restoration procedures) intact. Importantly, the amendment confirms that any discontinuation of water service is governed exclusively by Chapter 9-5 and applicable state law, including the California Water Shutoff Protection Act.
e
3. Conforming amendment to Chapter 9-12 (Urban Stormwater Quality Management) Chapter 9-12's "excess irrigation runoff" provision requires that irrigation leaks be corrected within 72 hours, while the 2025 WSCP, Chapter 9-13, and Section 9-5-71 use a 48-hour correction period. The amendment changes the Chapter 9-12 figure from 72 hours to 48 hours so that a single, consistent leak-repair standard applies across the Municipal Code.
4. Legal compliance highlights
Water Shutoff Protection Act. Under the Water Shutoff Protection Act (Health & Safety Code sections 116900 et seq.), residential service may be discontinued only for nonpayment following prescribed procedures; the only authority to discontinue service to enforce conservation rules is Water Code section 356, which requires a declared water shortage emergency and reaches only willful violators.
Chapter 9-13 now routes any discontinuation through Chapter 9-5 and state law and applies the lowincome reconnection-fee caps of Health & Safety Code section 116914.
Enforcement basis. Penalties are grounded in Water Code section 377 and applicable State Water Resources Control Board regulations. (Staff notes that the 2025 UWMP references a State Board regulation, 23 CCR section 864, that appears to have been superseded by 23 CCR section 995; the ordinances avoid citing the superseded provision, and staff recommends the UWMP citation be corrected administratively.)
Appeals. The administrative penalties are appealed through the City’s existing Administrative Citations program (Chapter 1-18), adopted under Government Code section 53069.4. Unpaid fines are collected as a debt under Section 1-18-9 (civil action, lien against the property, and applicable late charges and interest), with Chapter 1-4 (General Penalties) providing the misdemeanor and nuisance-abatement backstop.
Procedural requirements. Because Chapter 9-13 is a water conservation program under Water Code section 375, its adoption requires a noticed public hearing, findings of necessity, and adoption by a majority of the City Council.
5. Fines, penalties, and collection (Section 9-13-16)
Section 9-13-16 establishes a graduated enforcement scheme rather than a single penalty.
Enforcement begins with a notice of violation issued by a City police officer or code enforcement officer, which the customer may appeal to the Public Works Director within ten calendar days. Monetary penalties then escalate with repeat violations within a twelve-month period: a written warning for the first violation, a fine not exceeding $100 for the second, $200 for the third, and $500 for the fourth and each subsequent violation. These tiers are the maximums; the specific dollar amounts are to be set by City Council resolution. A violation also remains punishable as a misdemeanor under Water Code section 377 (up to $1,000 and/or 30 days in county jail), and the City’s remedies are cumulative.
Service may be discontinued only as permitted by Chapter 9-5 and the California Water Shutoff Protection Act and, to enforce conservation rules, only against a consumer willfully violating those rules after the Council has declared a water shortage emergency under Water Code 356. The administrative penalties are assessed, collected, and appealed through the City’s existing Administrative Citations program (Chapter 1-18), adopted under Government Code section 53069.4. Unpaid fines are collected
e
as a debt under Section 1-18-9 (civil action, lien against the property, and applicable late charges and interest), with Chapter 1-4 (General Penalties) providing the misdemeanor and nuisance-abatement backstop.
While the enforcement provisions of Section 9-13-16 establish the framework, to make the fines and penalties fully operative, staff recommends that the Council, concurrently with or before the ordinances take effect:
1. Adopt a fee and penalty resolution setting the specific administrative fine amounts within the $1- 00/$200/$500 tiers and the fine schedule contemplated by Section 1-18-7, and setting the reconnection service charge under 9-13-16, subject to the low-income reconnection-fee caps of Health and Safety Code section 116914. No such resolution has yet been adopted, and until it is, the fine and charge amounts are not set.
Administrative penalty amounts and any reconnection service charges will be established by separate resolution of the City Council, subject to the statutory reconnection-fee caps for qualifying low-income residential customers. Enforcement will be handled with existing staff. Effective, enforceable conservation measures support the long-term reliability of the City's groundwater supply and the City's obligations under the Sustainable Groundwater Management Act.
FISCAL IMPACT:
No Fiscal Impact.
ENVIRONMENTAL REVIEW
Adoption of the proposed ordinance is categorically exempt from CEQA under CEQA Guidelines 15307 and 15308 (actions by regulatory agencies for protection of natural resources and the environment) and Section 15061(b)(3) (no possibility of a significant effect), and, as to the emergency drought-response provisions, Section 15269. The ordinances provide enforcement mechanisms for the conservation of water resources and will not result in a direct or reasonably foreseeable indirect physical change in the environment.
PUBLIC NOTICE
Notice of the public hearing was published in accordance with California law. Following adoption, the ordinances will be published or posted within the time required by Government Code Section 36933 and Water Code Section 376.
ATTACHMENTS:
1. Ordinance No. _____, adding Chapter 9-13 (Water Conservation Requirements)
2. Ordinance No. _____, amending Chapter 9-5 (Water Service Regulations) (clean and redline versions)
3. Ordinance No._____, amending Chapter 9-12 (Urban Stormwater Quality Management) (clean and redline versions)
4. Excerpts of the 2025 Urban Water Management Plan/Water Shortage Contingency Plan (Section 8)
e
4920-6930-2217 v1
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADDING A NEW CHAPTER 9-13, WATER CONSERVATION REQUIREMENTS, TO THE LIVINGSTON
MUNICIPAL CODE TO FORMALIZE A COMPREHENSIVE WATER CONSERVATION
FRAMEWORK TO RESPOND TO WATER WASTE AND WATER SHORTAGES AND
TO PROVIDE FOR ENFORCEMENT OF CONSERVATION MEASURES
WHEREAS, The California Urban Water Management Planning Act (“Act”), as set forth in California Water Code sections 10610 through 10657, requires urban water suppliers providing municipal water directly or indirectly to more than 3,000 customers, or supplying more than 3,000 acre-feet of water annually, to develop an Urban Water Management Plan; and WHEREAS, California Water Code section 10632 mandates that every urban water supplier also adopt a water shortage contingency plan as part of its urban water management plan to prepare for water shortages. This requirement includes developing response measures to water shortages that will reduce demand and increase available water supply. The water shortage contingency plan must be based on an assessment of the reliability of water service to customers during normal, dry, and multiple dry water years, and includes locally appropriate shortage response actions for six standard water shortage levels, varying from a 10 percent shortage condition to a greater than 50 percent shortage condition. The water supplier must provide enforcement measures that would be available to the supplier to enforce any conservation measures as may be necessary to achieve conservation by reducing gaps between water demand and supply; and
WHEREAS, California Water Code sections 375-377 allow a public entity, by ordinance or resolution, adopted by a majority of its governing body after holding a properly noticed public hearing and making appropriate findings of necessity, to adopt and enforce a water conservation program to reduce the quantity of water used by persons within the water service area for the purpose of conserving the water supplies of the public entity, and provide for the enforcement of such a program, including civil liability and misdemeanor penalties; and WHEREAS, The City is empowered with general police powers pursuant to Article XI, section 7 of the California Constitution, to enact laws for the protection, public health, and safety of its citizens. The City has the power to enact regulations to mandate conservation in the event of a drought or water shortage for the preservation of public health; and WHEREAS, The City has adopted, and from time to time updates, a Water Shortage Contingency Plan (“WSCP”). As part of its most recent 2025 Urban Water Management Plan, City Council adopted the 2025 Water Shortage Contingency Plan (“WSCP”) through Resolution No. 2026-106 on August 18, 2026, which guides the City’s response to water shortage conditions, including shortages that occur over a period of time, such as a drought, as well as catastrophic supply interruptions that occur suddenly. Consistent with California Water Code section 10632, the WSCP establishes six standard water shortage levels and corresponding shortage response actions, and is reviewed and updated through the City’s ongoing urban water management planning process. The primary objective of the WSCP is to ensure that the City has in place the necessary resources and management responses needed to protect health and human safety, minimize economic disruption, and preserve environmental and community assets during water supply shortages and interruptions; and
4920-6930-2217 v1
WHEREAS, California Water Code section 10632.2 authorizes an urban water supplier to implement the shortage response actions in its WSCP, or reasonable alterative actions, and to take actions not specified in its WSCP, if needed, without having to formally amend its urban water management plan or water shortage contingency plan; and WHEREAS, the City Council finds and determines, based on the City's exclusive reliance on groundwater from the Merced Subbasin, its drought risk, and the supply-and-demand conditions identified in the 2025 Urban Water Management Plan and Water Shortage Contingency Plan, that adoption and enforcement of the water conservation program set forth in this ordinance is necessary to reduce the quantity of water used and to conserve the water supplies of the City for the protection of the public health, safety, and welfare, as contemplated by California Water Code section 375; and
WHEREAS, City Council desires to adopt a new Livingston Municipal Code (“LMC”) Chapter 9-13 to formalize this resolution into an ordinance to provide for clear enforcement mechanisms of mandatory conservation measures that may be adopted by the City under its water shortage contingency plan for operation of its municipal water system and other conservation measures as may be needed to ensure sufficient water is available for sanitation, human consumption, and fire protection.
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 of Code. A new Chapter 9-13 is hereby added to the LMC to read as follows:
CHAPTER 13
WATER CONSERVATION REQUIREMENTS
9-13-1 TITLE
This chapter shall be known as the “Water Conservation Requirements Ordinance of the City of Livingston.”
9-13-2 PURPOSE AND INTENT
The purpose of this Chapter is to create a comprehensive Water Conservation framework designed to promote water conservation, and to provide the City with flexibility to respond to drought emergencies or water supply shortages. This chapter provides for enforcement of mandatory conservation measures in its water shortage contingency plan, emergency conservation regulations adopted by the State Water Board, or other drought requirements as may be imposed on the City of Livingston or its municipal water supply.
This Chapter sets forth permanent water conservation requirements that apply at all times, together with a framework of six standard water supply shortage levels, consistent with the City’s Water Shortage Contingency Plan and California Water Code section 10632, to be activated when there is a water shortage or when a water shortage emergency is declared, with progressively more stringent limitations on water use as drought conditions intensify and available supplies decline. It is the intent of the City Council that the shortage response measures applicable at each shortage level track, and be interpreted consistently with, the City’s Water Shortage Contingency
4920-6930-2217 v1
Plan as it may be amended or updated from time to time, so that this Chapter need not be amended each time the Urban Water Management Plan or Water Shortage Contingency Plan is updated.
9-13-3 DEFINITIONS
The following words and phrases whenever used in this Article have the meaning defined in this section. Terms used but not defined in this section have the meanings set forth in Section 9-5-1:
A. “City” means the City of Livingston, County of Merced, State of California.
B. “Conservation” means the practice of protecting against the loss or waste of natural resources.
C. “Customer” or “Water User” means a person that uses Potable Water through a metered service connection.
D. “Landscape Irrigation System” means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.
E. “Large Landscaping Areas” means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than one (1) acre of irrigable land.
F. “Person” means any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person.
G. “Potable Water” means water which is suitable for drinking.
H. “Public Works Director” or “Director” means the City’s Director of Public Works or his or her designee.
I. “Recycled Water” means the reclamation and reuse of non-Potable Water for beneficial use.
J. “Urban Water Management Plan” or “UWMP” means the City’s urban water management plan prepared and adopted pursuant to California Water Code sections 10610 through 10657, as amended or updated from time to time.
K. “Water Shortage Contingency Plan or “WSCP” means the water shortage contingency plan adopted by the City as part of its UWMP pursuant to California Water Code section 10632, as amended or updated from time to time.
L. “Water Supply Shortage Level” or “Shortage Level” means one of the six standard water shortage levels established in Section 9-13-6 and in the City’s WSCP, corresponding to progressive ranges of water supply shortage. A Water Supply Shortage Level is referred to as a “Stage” in the City’s WSCP, and the terms “Level” and “Stage” of the same number are used interchangeably and shall be construed consistently with one another.
M. “Water Waste” shall mean water running off down gutters, streets, or sidewalks leading to significant puddling and unreasonable elimination without a reasonable purpose.
9-13-4 APPLICATION OF REGULATIONS
The provisions of this chapter shall apply to all persons using water both in and outside the city that is served by the city water system.
This chapter supplements, and does not repeal or supersede, Chapter 9-5 (Water Service Regulations), Chapter 9-11 (Water Efficient Landscaping and Irrigation), and Chapter 9-12 (Urban Stormwater Quality Management), including Sections 9-5-44 (Outdoor Water Sprinklers), 9-5-45 (Water Use Curtailment), 9-5-47 through 9-5-50 (fire hydrant and contractor water use), 9-5-71 (Waste of Water Prohibited), and 9-5-72 (Water Restrictions). This chapter and Chapters 9.5,
4920-6930-2217 v1
9.11, and 9.12 shall be read together, where more than one chapter addresses the same subject, the more stringent water conservation provision applies, except that the discontinuation of water service shall be governed exclusively by Chapter 9.5 and applicable state law as provided in Section 9-13-16. Consistent with the City’s Water Shortage Contingency Plan, water waste, leaks, and broken irrigation systems shall be corrected within forty-eight (48) hours following notification by the City, and this forty-eight (48) hour period shall govern notwithstanding any longer correction period in Chapter 9-12.
9-13-5 PERMANENT WATER CONSERVATION REQUIREMENTS
The following water conservation requirements are effective at all times and are permanent, unless rescinded by action of the City Council. These requirements supplement and implement Section 9-5-71 (Waste of Water Prohibited) and Section 9-5-72 (Water Restrictions). Violations of this section will be considered waste and an unreasonable use of water.
A. Free-flowing hoses for all uses are prohibited. Automatic shutoff devises shall be attached on any hose or filling apparatus in use.
B. Re-circulating water required for water fountains and decorative water features.
Operating a water fountain or other decorative water feature that does not use recirculated water is prohibited.
C. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 11:00 am and 8:00 pm on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing shut-off nozzle or device.
D. Watering or irrigating of lawn, landscape or other vegetated area with potable water is completely prohibited during rainfall or within 48 hours of a measurable rain event. 9-13-6 WATER SUPPLY SHORTAGE LEVELS; DECLARATION; INCORPORATION OF THE WSCP
A. Six standard shortage levels. The City hereby adopts the six standard water supply shortage levels established by California Water Code section 10632, corresponding to the progressive shortage ranges and target demand reductions set forth in the following table, which are intended to correspond to the shortage levels and shortage response actions in the City’s WSCP:
Water Supply Shortage Level Water Supply Shortage
Range
Target Demand Reduction
Level 1 Up to 10% At least 5%
Level 2 More than 10%, up to 20% At least 10%
Level 3 More than 20%, up to 30% At least 20%
Level 4 More than 30%, up to 40% At least 30%
Level 5 More than 40%, up to 50% At least 50%
Level 6 Greater than 50% At least 60%
B. Incorporation of the WSCP; conformity. The shortage response actions, demand reduction measures, and prohibitions applicable at each Shortage Level are those set forth in the City’s WSCP, as amended or updated from time to time, which is incorporated into this Chapter by reference. The default measures set forth in
4920-6930-2217 v1
Sections 9-13-7 through 9-13-12 apply at each corresponding Shortage Level unless and until superseded by the shortage response actions adopted in the City’s then-current WSCP, in which case the WSCP measures shall control. Shortage response measures are cumulative, such that each Shortage Level incorporates the measures applicable at all lower-numbered Shortage Levels together with the permanent requirements of Section 9-13-5.
C. Declaration and rescission. The City Council may, by resolution, or the Public Works Director where authorized by the City Council, declare, adjust, or rescind a Water Supply Shortage Level based on the City’s annual water supply and demand assessment or other relevant information, and consistent with California Water Code section 350 et seq. The existence of a Shortage Level is a determination of fact based on the criteria set forth in this Section and the WSCP, and the fundamental policy embodied in this Chapter is reserved to the City Council. Notice of any declaration and of the applicable measures shall be provided in accordance with the communication protocols of the WSCP and as otherwise required by law.
D. Additional and alternative measures. Consistent with California Water Code section 10632.2, the City may implement reasonable alternative or additional shortage response actions not specified in this Chapter or the WSCP, if needed, without amending this Chapter, the UWMP, or the WSCP.
E. State requirements. This Chapter shall be administered consistently with, and does not limit, any water use restriction or prohibition imposed by the State Water Resources Control Board or other state authority.
9-13-7 LEVEL 1 WATER SUPPLY SHORTAGE
A. A Level 1 Water Supply Shortage corresponds to the water supply shortage range and target demand reduction set forth for Level 1 in Section 9-13-6. Upon declaration of a Level 1 Water Supply Shortage in accordance with Section 9-13-6, the following measures apply as the default Level 1 measures and remain in effect unless and until superseded by the shortage response actions in the City’s then-current WSCP.
B. In addition to the prohibited uses of water identified in Section 9-13-5, the following water conservation requirements apply during a declared Level 1 Water Supply Shortage:
(1) All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within 48 hours of notification by the City unless other arrangements are made with the City.
(2) Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter, or ditch is prohibited. (3) Watering or irrigating of any lawn, landscape or other vegetated area with potable water, with the exception of drip irrigation, is prohibited between the hours of 11:00 am and 8:00 pm.
(4) Using potable water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited between the hours of 11:00 am and 8:00
4920-6930-2217 v1
pm., except at a commercial car washing facility that utilizes a re-circulating water system to capture or reuse water.
(5) Washing down paved surfaces of any kind, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited without the use of a hand-held hose equipped with a positive self-closing shut-off nozzle or device.
(6) The use of potable water for recreational activities that requires the constant flow of water, including but not limited to “slip-n-slides,” activity sprinklers or waterslides, is prohibited.
9-13-8 LEVEL 2 WATER SUPPLY SHORTAGE
A. A Level 2 Water Supply Shortage corresponds to the water supply shortage range and target demand reduction set forth for Level 2 in Section 9-13-6. Upon declaration of a Level 2 Water Supply Shortage in accordance with Section 9-13- 6, the following measures apply as the default Level 2 measures and remain in effect unless and until superseded by the shortage response actions in the City’s then-current WSCP.
B. In addition to the permanent requirements of Section 9-13-5 and the measures applicable at all lower-numbered Shortage Levels, the following water conservation requirements apply during a declared Level 2 Water Supply Shortage:
(1) Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to 2 days per week on in accordance with the following schedule:
(a) Watering by persons with even numbered addresses or on properties without assigned addresses is only allowed on Tuesdays and Saturdays.
(b) Watering by persons with odd numbered addresses is only allowed on Wednesdays and Sundays.
(c) Watering by persons Monday, Thursday, and Friday is prohibited.. (2) Large commercial landscapes and City parks shall have individual watering schedules approved by the Public Works Department and posted by the City.
(3) Using potable water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited on Mondays except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive selfclosing water shut-off nozzle or device, or at a commercial car washing facility equipped with a recirculating system.
9-13-9 LEVEL 3 WATER SUPPLY SHORTAGE
A. A Level 3 Water Supply Shortage corresponds to the water supply shortage range and target demand reduction set forth for Level 3 in Section 9-13-6, and may be declared, among other circumstances, when the Governor has declared a state of emergency due to drought. Upon declaration of a Level 3 Water Supply Shortage in accordance with Section 9-13-6, the following measures apply as the default Level 3 measures and remain in effect unless and until superseded by the shortage response actions in the City’s then-current WSCP.
4920-6930-2217 v1
B. In addition to the permanent requirements of Sections 9-13-5 and the measures applicable at all lower-numbered Shortage Levels, the following water conservation requirements apply during a declared Level 3 Water Supply Shortage:
(1) Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to 2 days per week on in accordance with the following schedule:
(a) Watering by persons with even numbered addresses or on properties without assigned addresses is only allowed on Tuesdays and Saturdays.
(b) Watering by persons with odd numbered addresses is only allowed on Wednesdays and Sundays.
(c) Watering by persons Monday, Thursday, and Friday is prohibited. (d) Large commercial landscapes and City parks shall have individual two-day watering schedules approved by the Public Works Department and posted by the City.
(2) Using potable water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited on Mondays, Thursdays, and Fridays except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or at a commercial car washing facility equipped with a recirculating system. (3) Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, or to comply with a term or condition of a permit issued by the state or a federal agency.
(4) Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, club or other public place where food or drinks are sold, served, or offered for sale, may only provide drinking water to any person upon request.
(5) Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily.
Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. 9-13-10 LEVEL 4 WATER SUPPLY SHORTAGE
A. A Level 4 Water Supply Shortage corresponds to the water supply shortage range and target demand reduction set forth for Level 4 in Section 9-13-6, and may be declared, among other circumstances, when the Governor has declared a state of emergency due to drought. Upon declaration of a Level 4 Water Supply Shortage in accordance with Section 9-13-6, the following measures apply as the default Level 4 measures and remain in effect unless and until superseded by the shortage response actions in the City’s then-current WSCP.
B. In addition to the permanent requirements of Section 9-13-5 and the measures applicable at all lower-numbered Shortage Levels, the following water conservation requirements apply during a declared Level 4 Water Supply Shortage:
4920-6930-2217 v1
(1) Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to 1 day per week in accordance with the following schedule:
(a) Watering by persons with even numbered addresses or on properties without assigned addresses is only allowed on Saturdays.
(b) Watering by persons with odd numbered addresses is only allowed on Sundays.
(c) Watering by persons Monday through Friday is prohibited. (d) Large commercial landscapes and City parks shall have individual one-day watering schedules approved by the Public Works Department and posted by the City.
(2) Initial filling of newly constructed or drained residential swimming pools or outdoor spas with potable water is prohibited.
(3) Water from city fire hydrants for construction use is prohibited. Recycled or other approved non-potable water, including treated effluent water from the wastewater treatment plant, may be made available for construction water purposes.
(4) Decorative water features, such as fountains or ponds, shall be discontinued until further notice.
(5) Using potable water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, except at a commercial car washing facility equipped with a recirculating system, and only for the protection of public health, safety and welfare, is prohibited.
9-13-11 LEVEL 5 WATER SUPPLY SHORTAGE
A. A Level 5 Water Supply Shortage corresponds to the water supply shortage range (more than 40 percent, up to 50 percent) and target demand reduction set forth for Level 5 in Section 9-13-6, and my be declared, among other circumstances, when the Governor has declared a state of emergency due to drought. Upon declaration of a Level 5 Water Supply Shortage in accordance with Section 9-13-6, the following measures apply as the default Level 5 measures and remain in effect unless and until superseded by the shortage response actions in the City’s thencurrent WSCP.
B. In addition to the permanent requirements of Section 9-13-5 and the measures applicable to all lower-numbered Shortage Levels, the following water conservation requirements apply during a declared Level 5 Water Supply Shortage:
(1) Watering or irrigating of lawn, landscape or other vegetated area is prohibited.
(2) Watering or irrigating of multipurpose commercial landscapes, city parks and median strips is prohibited.
(3) Industrial and commercial customers shall curtail water consumption to achieve a reduction of not less than fifty percent (50%), which is the target demand reduction established for Level 5 in Section 9-13-6, measured against the customer’s water use for the corresponding billing period or periods of the baseline year established by the City. This requirement does not apply to water necessary for human consumption, sanitation, fire
4920-6930-2217 v1
protection, or the protection of public health and safety, or to water uses for which the Public Works Director has approved an alternative reduction under a curtailment plan.
(4) Water use for dust control, earth compaction, and other outdoor construction activities is prohibited.
(5) Use of fire hydrants is prohibited except for emergencies. 9-13-12 LEVEL 6 WATER SUPPLY SHORTAGE
A. A Level 6 Water Supply Shortage is considered an “Emergency” condition and corresponds to the water supply shortage range (greater than 50 percent) and target demand reduction set forth for Level 6 in Section 9-13-6. Upon declaration of a Level 6 Water Supply Shortage in accordance with Section 9-13-6, the following measures apply as the default Level 6 measures and remain in effect unless and until superseded by the shortage response actions in the City’s thencurrent WSCP.
B. In addition to the permanent requirements of Section 9-13-5 and the measures applicable at all lower-numbered Shortage Levels, the following water conservation requirements apply during a declared Level 6 Water Supply Shortage:
(1) Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, club or other public place where food or drinks are prepared, are required to use pre-rinse spray valves in all kitchens. (2) Potable water services will not be provided to new land development projects with the following exceptions:
(3) A valid build permit has been issued for the project; or (b) The project is necessary to protect public health, safety, and welfare; or
(c) The applicant provides evidence that the project will include conservation offsets prior to the provision of new water service. (4) Additional restrictions may be implemented as determined by the Public Works Director, after notice to consumers.
9-13-13 VARIANCE AND HARDSHIP WAIVER
A. Variance. The director may grant variances for uses of water otherwise prohibited if found and determined that to fail to do so would cause an emergency condition affecting health, sanitation, or fire protection to the applicant or the public. The director’s determination concerning variances shall be final.
B. Hardship Waiver. If, due to unique circumstances, a specific requirement of this Chapter would result in undue hardship to a person using water or to property upon which water is used, that person may apply for a waiver to the requirements in accordance with administrative procedures established by the city. An undue hardship must be disproportionate to the impact to other water users or properties generally.
9-13-14 AUTHORITY
This chapter is adopted pursuant to California Water Code sections 375 through 377, sections 10610 through 10657 (including sections 10632 and 10632.2), and the City’s police power under Article XI, section 7 of the California Constitution. Any violation of this chapter after publication or
4920-6930-2217 v1
posting of this ordinance pursuant to California Water Code section 376 is a misdemeanor in accordance with California Water Code Section 377, in addition to the civil and administrative remedies authorized by that section and other applicable law. 9-13-15 COMPLIANCE
A. Any city police officer or code enforcement officer may enforce the provisions of this chapter and shall determine when violations have occurred and shall issue to the customer a notice of violation by mailing same and/or hanging same on customer’s door at least ten days before taking enforcement action. Said notice shall describe the action to be taken (notice of first violation shall be accompanied by a copy of this chapter) and shall be mailed or delivered at least ten days before the proposed action is scheduled to be taken.
B. A customer who receives a notice of violation under this chapter may, before issuance of an administrative citation, request informal review by filing a written request with the Public Works Director within ten (10) calendar days after the date of the notice of violation. The request shall state the basis for the request and include any supporting documentation, and the Public Works Director, or designee, shall review it and issue a written determination. An administrative citation and any administrative fine or penalty imposed under Section 9-13-16 shall be contested, heard, and determined solely in accordance with the administrative citation, hearing, and judicial review procedures of Chapter 1-18 (Administrative Citation), and not under this subsection. Those procedures govern the request for hearing, the hearing before the hearing officer, and the right to judicial review. Appeals concerning water bills, discontinuation of water service, or related charges shall instead be governed by Sections 9-5-32 and 9-5-34.
(1) Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the city may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violation and the current declared water condition.
9-13-16 PENALTY FOR VIOLATIONS
Penalties shall be in addition to any other remedy available to the city under any other law or provision of this code.
A. Discontinuation of water service. Discontinuation of water service on account of a violation of this chapter shall be undertaken only in accordance with Chapter 9-5, (including Sections 9-5-31 and 9-5-32) and the California Water Shutoff Protection Act (Health and Safety Code sections 116900 et seq.). Consistent with California Water Code section 356, water service may be discontinued to enforce conservation regulations only against consumers willfully violating those regulations and only after the City Council has declared a water shortage emergency pursuant to California Water Code section 350. Nothing in this chapter authorizes the discontinuation of residential water service except as permitted by the foregoing authorities, and where any provision of this chapter is inconsistent with the Water Shutoff Protection Act, that Act controls. Upon any discontinuation of water service, a written notice shall be served upon the violator stating the general description of the violation and the method by which service may be restored.
(1) Reconnection conditions. Where water service has been discontinued as authorized above, the water service shall be reconnected on condition that
4920-6930-2217 v1
the person pay a reconnection service charge in an amount established by resolution of the City Council, which may provide a higher charge where reconnection is made during off-hours, weekends, or holidays.
Reconnection charges for residential service to a customer who qualifies under Health and Safety Code section 116914 shall not exceed the amounts prescribed by that section.
B. Administrative Penalties. Penalty amounts for violations of mandatory measures adopted under this Chapter may be prescribed by resolution of the city council.
Any violation of a water conservation requirement adopted by this Chapter, by resolution or under the WSCP shall be subject to the following administrative penalties, as authorized by California Water Code Section 377 and applicable State Water Resources Control Board regulations:
(1) A first violation is subject to a written warning;
(2) A second violation within a twelve (12)-month period is subject to a fine not exceeding $100;
(3) A third violation within a twelve (12)-month period is subject to a fine not exceeding $200;
(4) A fourth or subsequent violation within a twelve (12)-month period is subject to a fine not exceeding $500.
C. Misdemeanor. Any person who violates any provision of this Article is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 30 days, or by a fine not exceeding $1,000, or by both fine and imprisonment.
D. Enforcement and Collection. Administrative penalties imposed under this Section shall be assessed, enforced, collected, and subject to administrative hearing and judicial review as provided in Chapter 1-18 (Administrative Citations), which the City has adopted pursuant to California Government Code section 53069.4, including the collection of unpaid fines and penalties under Section 1-18-9.
Enforcement of this Chapter is also authorized under Chapter 1-4 (General Penalties), as provided in Section 1-4-3, any person who fails to pay an administrative fine or to comply with an administrative order is guilty of a misdemeanor, and any violation may be abated as a public nuisance under Section 1-4-5. An unpaid administrative penalty constitutes a debt to the City and may be collected by any means available to the City by law, including a civil action, a lien or special assessment against the property, and the late charges, interest, and collection costs provided in Chapter 1-18.
Section 3. California Environmental Quality Act. The City Council finds and determines that enactment of this Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) and Section 15269 (Project Undertaken as Immediate Action Necessary to Prevent or Mitigate an Emergency), in that the ordinance is intended to provide additional enforcement mechanisms for the conservation of water resources in the event of a drought or water shortage emergency.
Section 4. Severability. The City Council hereby declares every section, paragraph, sentence, clause and phrase of this ordinance to be severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.
4920-6930-2217 v1
Section 5. 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 6. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law.
The proposed ordinance shall become effective on __________, 2026.
The Ordinance was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
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 ___day of September, 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____th 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
4920-6930-2217 v1
___________________________________
Marc Barraza Tran, City Attorney
ORDINANCE NO. 2026-
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING SECTIONS 9-5-45, 9-5-71, AND 9-5-72 OF CHAPTER 9-5 (WATER SERVICE
REGULATIONS) OF THE LIVINGSTON MUNICIPAL CODE TO CONFORM WITH CHAPTER 9-13 (WATER CONSERVATION REQUIREMENTS)
WHEREAS, the City Council of the City of Livingston has adopted, or concurrently is adopting, Chapter 9-13 (Water Conservation Requirements) of the Livingston Municipal Code, which establishes a comprehensive water conservation framework, permanent water conservation requirements, and six standard water supply shortage levels consistent with California Water Code section 10632 and the City's Water Shortage Contingency Plan; and WHEREAS, Chapter 9-5 (Water Service Regulations) of the Livingston Municipal Code presently contains provisions addressing water use curtailment, waste of water, and water use restrictions, specifically Sections 9-5-45, 9-5-71, and 9-5-72, that overlap with the subject matter now comprehensively addressed in Chapter 9-13; and
WHEREAS, to avoid duplicative or inconsistent provisions within the Livingston Municipal Code, to consolidate the City's water conservation requirements in Chapter 9-13, and to ensure that any discontinuation of water service is administered in a manner consistent with Chapter 9- 5 and the California Water Shutoff Protection Act (Health and Safety Code sections 116900 et seq.), the City Council desires to amend Sections 9-5-45, 9-5-71, and 9-5-72 as set forth below; and
WHEREAS, the operational provisions of Chapter 9-5 governing water service, billing, water shutoff and restoration, metering, fire hydrants, and backflow prevention are unaffected by this ordinance and remain in full force and effect.
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 of Section 9-5-45. Section 9-5-45 (Water Use Curtailment) of Chapter 9-5 of the Livingston Municipal Code is hereby amended to read as follows:
9-5-45 WATER USE CURTAILMENT.
Water use curtailment and mandatory water conservation measures during water shortages and water shortage emergencies are governed by Chapter 9-13 (Water Conservation Requirements). Any discontinuation of water service to enforce those measures shall be undertaken only as provided in Sections 9-5-31 and 9-5-32, Chapter 9-13, and applicable state law, including the California Water Shutoff Protection Act (Health and Safety Code sections 116900 et seq.) and California Water Code section 356.
Section 3. Amendment of Section 9-5-71. Section 9-5-71 (Waste of Water Prohibited) of Chapter 9-5 of the Livingston Municipal Code is hereby amended to read as follows:
9-5-71 WASTE OF WATER PROHIBITED.
The waste of city water is prohibited as provided in Chapter 9-13 (Water Conservation Requirements), including the permanent water conservation requirements set forth in that chapter. Water waste through inappropriate use, leaks, or other wasteful use must be stopped within 48 hours' notice by the city. Water waste is defined in, and further addressed by, Chapter 9-13.
Section 4. Amendment of Section 9-5-72.. Section 9-5-72 (Water Restrictions) of Chapter 9- 5 of the Livingston Municipal Code is hereby amended to read as follows:
9-5-72 WATER RESTRICTIONS.
Permanent water use restrictions and water supply shortage response measures are established in Chapter 9-13 (Water Conservation Requirements). The City Council may adopt additional or supplemental water use restrictions by resolution, as provided in Chapter 9-13.
Section 5. California Environmental Quality Act. The City Council finds and determines that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15307 and 15308 (Actions by Regulatory Agencies for Protection of Natural Resources and the Environment) and Section 15061(b)(3), in that it conforms existing municipal code provisions to a comprehensive water conservation framework for the protection and conservation of water resources and will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Section 6. Severability. The City Council hereby declares every section, paragraph, sentence, clause and phrase of this Ordinance to be severable. If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.
Section 7. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Livingston's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
Section 8. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. This Ordinance shall take effect concurrently with Chapter 9-13 (Water Conservation Requirements).
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 ___day of September, 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____th 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
___________________________________
Marc Barraza Tran, City Attorney
ORDINANCE NO. 2026-
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING SECTIONS 9-5-45, 9-5-71, AND 9-5-72 OF CHAPTER 9-5 (WATER SERVICE
REGULATIONS) OF THE LIVINGSTON MUNICIPAL CODE TO CONFORM WITH CHAPTER 9-13 (WATER CONSERVATION REQUIREMENTS)
WHEREAS, the City Council of the City of Livingston has adopted, or concurrently is adopting, Chapter 9-13 (Water Conservation Requirements) of the Livingston Municipal Code, which establishes a comprehensive water conservation framework, permanent water conservation requirements, and six standard water supply shortage levels consistent with California Water Code section 10632 and the City's Water Shortage Contingency Plan; and WHEREAS, Chapter 9-5 (Water Service Regulations) of the Livingston Municipal Code presently contains provisions addressing water use curtailment, waste of water, and water use restrictions, specifically Sections 9-5-45, 9-5-71, and 9-5-72, that overlap with the subject matter now comprehensively addressed in Chapter 9-13; and
WHEREAS, to avoid duplicative or inconsistent provisions within the Livingston Municipal Code, to consolidate the City's water conservation requirements in Chapter 9-13, and to ensure that any discontinuation of water service is administered in a manner consistent with Chapter 9- 5 and the California Water Shutoff Protection Act (Health and Safety Code sections 116900 et seq.), the City Council desires to amend Sections 9-5-45, 9-5-71, and 9-5-72 as set forth below; and
WHEREAS, the operational provisions of Chapter 9-5 governing water service, billing, water shutoff and restoration, metering, fire hydrants, and backflow prevention are unaffected by this ordinance and remain in full force and effect.
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 of Section 9-5-45. Section 9-5-45 (Water Use Curtailment) of Chapter 9-5 of the Livingston Municipal Code is hereby amended to read as follows:
9-5-45 WATER USE CURTAILMENT.
Water use curtailment and mandatory water conservation measures during water shortages and water shortage emergencies are governed by Chapter 9-13 (Water Conservation Requirements). Any discontinuation of water service to enforce those measures shall be undertaken only as provided in Sections 9-5-31 and 9-5-32, Chapter 9-13, and applicable state law, including the California Water Shutoff Protection Act (Health and Safety Code sections 116900 et seq.) and California Water Code section 356.
Section 3. Amendment of Section 9-5-71. Section 9-5-71 (Waste of Water Prohibited) of Chapter 9-5 of the Livingston Municipal Code is hereby amended to read as follows:
9-5-71 WASTE OF WATER PROHIBITED.
The waste of city water is prohibited as provided in Chapter 9-13 (Water Conservation Requirements), including the permanent water conservation requirements set forth in that chapter. Water waste through inappropriate use, leaks, or other wasteful use must be stopped within 48 hours' notice by the city. Water waste is defined in, and further addressed by, Chapter 9-13.
Section 4. Amendment of Section 9-5-72.. Section 9-5-72 (Water Restrictions) of Chapter 9- 5 of the Livingston Municipal Code is hereby amended to read as follows:
9-5-72 WATER RESTRICTIONS.
Permanent water use restrictions and water supply shortage response measures are established in Chapter 9-13 (Water Conservation Requirements). The City Council may adopt additional or supplemental water use restrictions by resolution, as provided in Chapter 9-13.
Section 5. California Environmental Quality Act. The City Council finds and determines that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15307 and 15308 (Actions by Regulatory Agencies for Protection of Natural Resources and the Environment) and Section 15061(b)(3), in that it conforms existing municipal code provisions to a comprehensive water conservation framework for the protection and conservation of water resources and will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Section 6. Severability. The City Council hereby declares every section, paragraph, sentence, clause and phrase of this Ordinance to be severable. If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.
Section 7. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Livingston's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
Section 8. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. This Ordinance shall take effect concurrently with Chapter 9-13 (Water Conservation Requirements).
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 ___day of September, 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____th 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
___________________________________
Marc Barraza Tran, City Attorney
4898-8754-4521 v1
ORDINANCE NO. 2026-
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING SECTION 9-12-7 OF CHAPTER 9-12 (URBAN STORMWATER QUALITY
MANAGEMENT) OF THE LIVINGSTON MUNICIPAL CODE TO CONFORM THE IRRIGATION LEAK-CORRECTION PERIOD WITH CHAPTER 9-13 AND THE CITY’S
WATER SHORTAGE CONTINGENCY PLAN
WHEREAS, the City Council of the City of Livingston has adopted, or concurrently is adopting, Chapter 9-13 (Water Conservation Requirements) of the Livingston Municipal Code, which, consistent with the City's Water Shortage Contingency Plan, requires that water waste, leaks, and broken irrigation systems be corrected within forty-eight (48) hours following notification by the City; and
WHEREAS, Section 9-5-71 (Waste of Water Prohibited) of the Livingston Municipal Code likewise requires that water waste be stopped within forty-eight (48) hours' notice by the City; and
WHEREAS, the "Excess irrigation runoff prohibited" provision of Section 9-12-7 of Chapter 9-12 presently requires that leaks be corrected within seventy-two (72) hours of learning of the leak, which differs from the forty-eight (48) hour period established in the Water Shortage Contingency Plan, Chapter 9-13, and Section 9-5-71; and WHEREAS, to establish a single, consistent leak-correction standard across the Livingston Municipal Code, the City Council desires to amend that provision to require correction within forty-eight (48) hours.
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 of Section 9-12-7. Paragraph (a) of the “Excess irrigation runoff prohibited” provision of Section 9-12-7 (Nonstormwater Discharge; Prohibitions and Exemptions) of Chapter 9-12 of the Livingston Municipal Code is hereby amended to read as follows:
(a) Detect leaks (for example, from broken sprinkler heads) and correct the leaks within 48 hours of learning of the leak;
Section 5. California Environmental Quality Act. The City Council finds and determines that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15307 and 15308 (Actions by Regulatory Agencies for Protection of Natural Resources and the Environment) and Section 15061(b)(3), in that it conforms an existing water-conservation-related code provision and will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Section 6. Severability. The City Council hereby declares every section, paragraph, sentence, clause and phrase of this Ordinance to be severable. If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.
4898-8754-4521 v1
Section 7. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Livingston's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
Section 8. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. This Ordinance shall take effect concurrently with Chapter 9-13 (Water Conservation Requirements).
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 ___day of September, 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____th 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
___________________________________
4898-8754-4521 v1
Marc Barraza Tran, City Attorney
4913-6302-2025 v1
ORDINANCE NO. 2026-
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING SECTION 9-12-7 OF CHAPTER 9-12 (URBAN STORMWATER QUALITY
MANAGEMENT) OF THE LIVINGSTON MUNICIPAL CODE TO CONFORM THE IRRIGATION LEAK-CORRECTION PERIOD WITH CHAPTER 9-13 AND THE CITY’S
WATER SHORTAGE CONTINGENCY PLAN
WHEREAS, the City Council of the City of Livingston has adopted, or concurrently is adopting, Chapter 9-13 (Water Conservation Requirements) of the Livingston Municipal Code, which, consistent with the City's Water Shortage Contingency Plan, requires that water waste, leaks, and broken irrigation systems be corrected within forty-eight (48) hours following notification by the City; and
WHEREAS, Section 9-5-71 (Waste of Water Prohibited) of the Livingston Municipal Code likewise requires that water waste be stopped within forty-eight (48) hours' notice by the City; and
WHEREAS, the "Excess irrigation runoff prohibited" provision of Section 9-12-7 of Chapter 9-12 presently requires that leaks be corrected within seventy-two (72) hours of learning of the leak, which differs from the forty-eight (48) hour period established in the Water Shortage Contingency Plan, Chapter 9-13, and Section 9-5-71; and WHEREAS, to establish a single, consistent leak-correction standard across the Livingston Municipal Code, the City Council desires to amend that provision to require correction within forty-eight (48) hours.
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 of Section 9-12-7. Paragraph (a) of the “Excess irrigation runoff prohibited” provision of Section 9-12-7 (Nonstormwater Discharge; Prohibitions and Exemptions) of Chapter 9-12 of the Livingston Municipal Code is hereby amended to read as follows:
(a) Detect leaks (for example, from broken sprinkler heads) and correct the leaks within 48 hours of learning of the leak;
Section 5. California Environmental Quality Act. The City Council finds and determines that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15307 and 15308 (Actions by Regulatory Agencies for Protection of Natural Resources and the Environment) and Section 15061(b)(3), in that it conforms an existing water-conservation-related code provision and will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Section 6. Severability. The City Council hereby declares every section, paragraph, sentence, clause and phrase of this Ordinance to be severable. If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.
4913-6302-2025 v1
Section 7. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Livingston's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
Section 8. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. This Ordinance shall take effect concurrently with Chapter 9-13 (Water Conservation Requirements).
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 ___day of September, 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____th 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
___________________________________
4913-6302-2025 v1
Marc Barraza Tran, City Attorney
City of Livingston
2025 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
68 CHAPTER 8 - WATER SHORTAGE CONTINGENCY PLAN
CWC Section 10632.3
It is the intent of the Legislature that, upon proclamation by the Governor of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, the board defer to implementation of locally adopted water shortage contingency plans to the extent practicable.
This chapter presents the City’s WSCP, prepared in accordance with CWC Section 10632.3 and consistent with guidance provided in the 2025 UWMP Guidebook. The WSCP establishes a comprehensive and actionable framework for responding to water supply shortages and interruptions, including both extended drought conditions and sudden catastrophic supply events.
The WSCP builds upon and updates the plan originally adopted as part of the City’s 2020 UWMP, incorporating updated supply and demand information. The WSCP is intended to function as a standalone planning and operational document that guides the City’s response to water shortages and supports ongoing drought preparedness and resiliency.
This chapter is closely integrated with the water supply reliability assessment and DRA presented in Chapter 7. The results of those analyses provide the technical basis for defining water shortage levels, evaluating supply reliability under varying hydrologic conditions, and identifying appropriate response actions to address potential supply-demand imbalances.
Consistent with State requirements, the WSCP establishes six standard water shortage levels corresponding to progressive reductions in available water supply and defines locally appropriate shortage response actions for each level. The plan also includes procedures for conducting annual water supply and demand assessments, as required under CWC Section 10632.1, which support ongoing evaluation of water supply conditions and inform the need for potential WSCP activation or adjustment.
The primary objective of the WSCP is to ensure that City can effectively manage water supply shortages while protecting public health and safety, minimizing economic impacts, and preserving environmental and community resources. The WSCP also establishes communication protocols, monitoring and reporting procedures, enforcement mechanisms, and a process for periodic refinement to ensure the plan remains effective under changing conditions.
This WSCP will serve as the City’s primary framework for responding to water shortages and will be implemented during locally declared water shortage conditions, regional or county emergency declarations, or statewide drought emergencies, consistent with applicable laws and regulations. As noted in the CWC, it is the intent of the Legislature that, during a declared drought emergency, locally adopted water shortage contingency plans such as this WSCP be implemented to the extent practicable.
The elements of the WSCP presented in this chapter are organized to address all requirements of CWC Section 10632, including water supply reliability analysis, annual assessment procedures, shortage levels, response actions, communication protocols, compliance and enforcement, legal authorities, financial considerations, monitoring and reporting, and plan refinement.
City of Livingston
2025 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
69 8.1. Water Supply Reliability Analysis
CWC Section 10632(a)(1)
The analysis of water supply reliability conducted pursuant to Section 10635.
CWC Section 10632.5.(a)
In addition to the requirements of paragraph (3) of subdivision (a) of Section 10632, beginning January 1, 2020, the plan shall include a seismic risk assessment and mitigation plan to assess the vulnerability of each of the various facilities of a water system and mitigate those vulnerabilities.
The City of Livingston relies exclusively on groundwater supplies from the Merced Subbasin to meet potable water demands within the service area. As discussed in Chapter 7, the reliability of the City’s water supply is directly influenced by groundwater availability, groundwater quality, climatic conditions, operational reliability of municipal wells, regulatory requirements, and long-term groundwater sustainability within the Merced Subbasin. The Merced Subbasin has been designated by DWR as a critically over drafted groundwater basin and is currently being managed pursuant to SGMA through coordinated GSPs prepared by GSAs within the basin.
Potential water shortage conditions affecting the City may result from a variety of factors, including:
x Extended drought conditions reducing natural groundwater recharge. x Declining groundwater elevations and reduced well yields. x Groundwater quality degradation or contamination.
x Regulatory pumping limitations associated with SGMA implementation. x Electrical power outages.
x Mechanical failure of wells, pumps, storage facilities, or distribution infrastructure. x Seismic events or catastrophic emergencies.
x Increased water demands during prolonged hot and dry conditions.
The City has established policies and procedures to manage water supplies during normal, drought, and emergency conditions through its WSCP, which was originally developed during the 2020 UWMP reporting cycle and has been updated as part of the 2025 UWMP. Consistent with State requirements, the WSCP establishes six standard water shortage levels corresponding to increasing degrees of supply deficiency relative to normal conditions. Each shortage level includes specific demand reduction measures, water use restrictions, operational actions, communication protocols, and enforcement procedures intended to maintain water system reliability and protect public health and safety. Implementation of shortage response actions is cumulative, such that higher shortage levels incorporate the response measures of preceding levels as appropriate.
The City’s water supply reliability assessment and DRA presented in Chapter 7 indicate that the City is expected to maintain adequate groundwater supplies throughout the planning horizon under normal, single dry-year, and multiple dry-year conditions, provided that groundwater sustainability efforts within the Merced Subbasin continue to progress in accordance with adopted GSPs and that the City continues implementing water conservation, demand management, and system maintenance practices.
City of Livingston
2025 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
70 Although long-term supply reliability is anticipated to be maintained, temporary supply constraints or operational disruptions may still occur due to drought, infrastructure failure, groundwater quality impacts, power outages, or emergency events. Accordingly, the WSCP provides a structured and adaptive framework for responding to water shortage conditions through staged conservation measures, operational adjustments, and emergency response actions.
Based on the DRA presented in Section 7.3, the City will continue evaluating water supply and demand conditions annually, including the potential need for implementation of Stages 1 through 4 response actions during extended drought conditions. Implementation of higher WSCP stages, if necessary, will be determined through ongoing monitoring of hydrologic, operational, regulatory, and groundwater conditions to ensure continued system reliability and protection of public health and safety.
Consistent with CWC Section 10632.5(a), the City has also evaluated potential seismic risks to the water system. Seismic events have the potential to damage groundwater wells, pumps, pipelines, storage facilities, electrical systems, and other critical water infrastructure, potentially resulting in temporary service interruptions or reduced system capacity. To improve operational resiliency and minimize impacts during emergency events, the City continues to implement routine infrastructure maintenance, system monitoring, emergency response procedures, and operational redundancy measures where feasible.
8.2. Annual Water Supply and Demand Assessment Procedures CWC Section 10632(a)(2)
The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:
(A) The written decision-making process that an urban water supplier will use each year to determine its water supply reliability.
(B) The key data inputs and assessment methodology used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year, including all of the following:
(i) Current year unconstrained demand, considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable. (ii) Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier. (iii) Existing infrastructure capabilities and plausible constraints. (iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.
(v) A description and quantification of each source of water supply.
CWC Section 10632.1.
An urban water supplier shall conduct an annual water supply and demand assessment pursuant to subdivision (a) of Section 10632 and, on or before July 1 of each year, submit an annual water shortage assessment report to the department with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the
City of Livingston
2025 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
71 supplier’s water shortage contingency plan. An urban water supplier that relies on imported water from the State Water Project or the Bureau of Reclamation shall submit its annual water supply and demand assessment within 14 days of receiving its final allocations, or by July 1 of each year, whichever is later.
The City conducts an AWSDA each fiscal year to evaluate current and anticipated water supply reliability conditions and determine whether implementation of water shortage response actions under the WSCP is necessary. The AWSDA is prepared in accordance with CWC Sections 10632(a)(2) and 10632.1 and serves as the basis for determining the appropriate water shortage response level for the City’s water system.
Since the City relies exclusively on groundwater supplies from the Merced Subbasin, the AWSDA places particular emphasis on evaluating groundwater supply reliability, municipal well production capacity, groundwater quality conditions, and the operational reliability of the City’s groundwater extraction, treatment, storage, and distribution infrastructure. The AWSDA is intended to provide a proactive and locally focused evaluation of short-term water supply conditions and operational risks that could affect the City’s ability to meet projected customer demands.
The AWSDA includes a structured decision-making process supported by defined data inputs, evaluation criteria, and assessment methodologies that are applied consistently from year to year. The assessment compares projected unconstrained customer demands to anticipated available groundwater supplies under both current year and one dry year conditions to identify potential supply shortages.
Key data inputs and evaluation criteria considered as part of the AWSDA may include:
x Current year unconstrained demand (considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable).
x Current year available supply (considering hydrological and regulatory conditions in the current year and one dry year).
x Existing infrastructure capabilities and plausible constraints. x A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.
x A description and quantification of each source of water supply.
Since FY 2022-23, the City has prepared and submitted an AWSDA report to DWR by July 1st of each year in accordance with State requirements. The annual report includes information regarding anticipated shortage conditions, shortage response actions, compliance and enforcement measures, and communication actions implemented pursuant to the WSCP.
The Public Works Director, Water Manager and utility operations staff evaluate the results of the AWSDA and determine whether implementation, continuation, modification, or termination of a WSCP shortage stage is warranted. If anticipated supply conditions indicate a potential shortage, the City may implement the appropriate shortage response actions identified in this WSCP, including conservation measures, operational adjustments, public outreach efforts, and enforcement actions necessary to maintain system reliability and protect public health and safety.
City of Livingston
2025 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
72 Although the City’s groundwater supplies are currently projected to remain sufficient to meet demands under most anticipated conditions, the AWSDA serves as an important planning and operational tool for identifying emerging supply constraints, drought-related risks, groundwater sustainability considerations, and infrastructure limitations before significant shortages occur. The AWSDA also supports timely implementation of appropriate response actions and continued coordination with regional groundwater sustainability efforts within the Merced Subbasin.
8.2.1. Decision Making Process
The City conducts its AWSDA through a coordinated internal review process. The assessment team consists of the Public Works Director, Water Manager utility operations staff, and the City Engineer , as appropriate. This team is responsible for evaluating water supply and demand conditions, reviewing groundwater and operational data, preparing the AWSDA report, and recommending whether implementation, continuation, modification, or termination of a WSCP stage is warranted.
Because the City relies exclusively on groundwater supplies from the Merced Subbasin, the decisionmaking process places particular emphasis on groundwater supply reliability, municipal well production capacity, groundwater elevations, groundwater quality conditions, and operational reliability of the City’s groundwater extraction and distribution infrastructure.
The decision-making process includes the following steps:
x Compilation and review of current year water production, customer demand, and operational data.
x Evaluation of hydrologic conditions, groundwater elevations, groundwater quality conditions, and regional groundwater sustainability information.
x Review of municipal well production capacity, infrastructure condition, and operational constraints.
x Comparison of anticipated available groundwater supplies to projected unconstrained customer demands.
x Evaluation of current and anticipated drought, climatic, regulatory, and operational conditions that may affect water supply reliability.
x Determination of anticipated supply shortages, expressed as a percentage reduction from normal supply conditions.
x Identification of the appropriate WSCP shortage level and corresponding response actions necessary to maintain system reliability and protect public health and safety.
Although WSCP shortage levels are generally implemented progressively as supply conditions worsen, the City retains the authority to advance directly to a higher shortage level if warranted by rapidly changing conditions, including severe drought, groundwater contamination, infrastructure failure, power outages, seismic events, or other emergency or catastrophic supply interruptions.
If warranted, the results of the AWSDA and recommended shortage response actions may be presented to the City Council for consideration and implementation of the appropriate WSCP shortage level.
City of Livingston
2025 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
73 8.2.2. Data and Methodologies
The AWSDA relies on a combination of quantitative data and qualitative evaluation to assess water supply reliability. Key data inputs and evaluation criteria include:
x Current year unconstrained demand, customer usage patterns, seasonal demand trends, and projected growth.
x Current and projected groundwater production from municipal wells. x Groundwater elevations and groundwater quality conditions within the Merced Subbasin. x Municipal well production capacity and operational status. x Existing infrastructure capabilities and operational constraints, including maintenance activities, equipment failures, or emergency outages.
x Water system storage capacity and distribution system performance. x Historical and current water production and consumption data. x Metered customer water uses by customer classification. x Climatic and hydrologic conditions, including precipitation, temperature, and drought conditions. x SGMA implementation conditions and regional groundwater sustainability information. x Other operational, regulatory, or emergency conditions that may affect water supply reliability.
The City begins compiling and evaluating relevant data during the second quarter of each calendar year.
The assessment focuses on evaluating current and anticipated water supply limitations, reliability conditions for the upcoming fiscal year and identifying any potential supply limitations, groundwater sustainability concerns, or operational constraints that could affect the City’s ability to meet projected customer demands.
Water supply reliability is evaluated by comparing available groundwater supplies to projected unconstrained customer demand under both current year and one dry-year conditions. If a supplydemand imbalance or operational reliability concern is identified, the magnitude of the anticipated shortage is used to determine the appropriate WSCP shortage level and corresponding response actions.
In addition to routine operational evaluation, the City may consider other locally relevant factors when assessing water supply reliability and determining appropriate response actions, including regulatory developments, regional groundwater conditions, emergency events, water quality concerns, infrastructure reliability issues, or regional drought response advisories.
8.3. Six Standard Water Shortage Stages
CWC Section 10632(a)(3)
(A) Six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percent shortages and greater than 50 percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers’ water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use.
Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events.
City of Livingston
2025 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
74 (B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage levels.
In accordance with CWC Section 10632(a)(3) and the 2025 UWMP Guidebook, the City’s WSCP includes six standard water shortage evels. These levels correspond to progressive ranges of water supply shortage, defined as up to 10 percent, 20 percent, 30 percent, 40 percent, 50 percent, and greater than 50 percent reduction in available water supply relative to normal supply conditions.
These standardized shortage levels are intended to provide a consistent framework for evaluating and communicating water supply conditions at the local, regional, and statewide level. The City defines its shortage levels based on the relationship between available groundwater supply and projected unconstrained demand, as determined by the AWSDA described in Section 8.2.
Each shortage level represents an increasing degree of supply deficiency and corresponds to specific response actions, including demand reduction measures, operational adjustments, and, where necessary, emergency response actions. These shortage levels may be triggered by a range of conditions, including hydrologic variability, regulatory constraints, operational limitations, or catastrophic supply interruptions such as power outages, earthquakes, or other emergency events.
Since adoption of the City’s 2020 UWMP, the WSCP has been fully aligned with the six standard water shortage levels and no longer relies on a separate or alternative staging system. Each WSCP stage directly corresponds to the required shortage ranges and is designed to maintain system reliability while protecting public health and safety. Implementation of each stage is cumulative, such that higher stages incorporate all requirements of preceding stages.
As shown in Table 8-1, the City’s WSCP stages correspond directly to the State-mandated shortage levels and associated percentage ranges; therefore, no cross-reference to an alternative staging system is required for the 2025 UWMP.
Table 8-1 Cross-reference for Standard vs Supplier Shortage Levels (Submittal Table 8-1)
܈ Check the box if the Supplier uses the
Standard six levels of water shortage.
Standard
Shortage Levels
Percent
Shortage Range
Shortage
Levels
Percent Shortage
Range
1 Up to 10% 1 Up to 10%
2 Up to 20% 2 Up to 20%
3 Up to 30% 3 Up to 30%
4 Up to 40% 4 Up to 40%
5 Up to 50% 5 Up to 50%
6 >50% 6 >50%
City of Livingston
2025 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
75 8.4. Shortage Response Actions
CWC Section 10632 (a)(4)
Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:
(A) Locally appropriate supply augmentation actions.
(B) Locally appropriate demand reduction actions to adequately respond to shortages. (C) Locally appropriate operational changes.
(D) Additional, mandatory prohibitions against specific water use practices that are in addition to statemandated prohibitions and appropriate to the local conditions. (E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action
CWC Section 10632.2
An urban water supplier shall follow, where feasible and appropriate, the prescribed procedures and implement determined shortage response actions in its water shortage contingency plan, as identified in subdivision (a) of Section 10632, or reasonable alternative actions, provided that descriptions of the alternative actions are submitted with the annual water shortage assessment report pursuant to Section 10632.1. Nothing in this section prohibits an urban water supplier from taking actions not specified in its water shortage contingency plan, if needed, without having to formally amend its urban water management plan or water shortage contingency plan.
In accordance with CWC Section 10632(a)(4), this section describes the response action that the City may implement for each defined water shortage level. These actions are designed to reduce the gap between available water supplies and projected unconstrained demand while minimizing social, economic, and environmental impacts to the community.
Because the City relies exclusively on groundwater supplies from the Merced Subbasin, the City’s shortage response actions focus primarily on reducing groundwater demands, maintaining municipal well reliability, protecting groundwater resources, and preserving operational flexibility during drought and emergency conditions. The City’s WSCP includes a range of locally appropriate response actions consisting of demand reduction measures, operational changes, supply reliability measures, public outreach efforts, and mandatory prohibitions on specific water use practices. Each action is intended to contribute to achieving the required level of demand reduction associated with each shortage stage and maintaining system reliability and protection of public health and safety.
Response actions are implemented in a staged and cumulative manner, such that higher shortage levels incorporate all actions from preceding levels. The specific actions implemented during a shortage event will depend on the nature, severity, and duration of the supply constraint. In determining appropriate response actions, the City will evaluate the cause of the shortage, system conditions, regulatory requirements, and other locally relevant factors.
City of Livingston
2025 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
76 Consistent with CWC Section 10632.2, the City may implement alternative or additional actions not specifically identified in this WSCP, as necessary to effectively respond to water shortage conditions. Any such actions will be documented and reported as part of the AWSDA report submitted to DWR.
Table 8-2 summarizes the six standard water shortage levels and corresponding severity classifications utilized by the City. The shortage levels are based on the estimated reduction in available water supplies relative to normal supply conditions and may also be triggered by operational disruptions, groundwater quality concerns, infrastructure failures, or emergency conditions that affect the City’s ability to reliably meet customer demands.
Table 8-2 Water Shortage Contingency Plan Levels
Shortage
Level
Percent
Shortage
Range
Severity Shortage Response Actions
1 Up to 10% Potential
Shortage
Up to a 10% reduction in the City’s water supply or
operational reliability due to drought, groundwater
conditions, infrastructure limitations, or other operational factors.
2 Up to 20% Minor
Shortage
Between 10% and 20% available groundwater supply or
operational reliability due to prolonged dry conditions, declining groundwater conditions, or operational
constraints.
3 Up to 30% Moderate
Shortage
Between 20% and 30% reduction in available groundwater
supply or operational reliability due to moderate drought, reduced well production, groundwater quality impacts, or infrastructure limitations.
4 Up to 40% Severe
Shortage
Between 30% and 40% reduction in available groundwater
supply or operational reliability due to severe drought, significant infrastructure constraints, or emergency
conditions.
5 Up to 50% Critical
Shortage
Between 40% and 50% reduction in available groundwater
supply or operational reliability due to critical
groundwater conditions, infrastructure failures, or
prolonged emergency conditions.
6 > 50%
Extreme
Emergency
Shortage
More than 50% reduction in available groundwater supply or catastrophic interruption of water system operations caused by severe emergency conditions, including major
infrastructure failures, groundwater contamination,
seismic events, or widespread power outages.
Table 8-3 identifies the target demand reduction associated with each shortage level, which reflects the estimated reduction needed to address the supply-demand imbalance. The specific response actions associated with each shortage level, including demand reduction, supply augmentation, operational changes, and prohibitions, are presented in Table 8-6.
City of Livingston
2025 Urban Water Management Plan
Section 8 – Water Shortage Contingency Plan
77 Table 8-3 Water Usage Reduction by Stage
Shortage
Level
Mandatory or
Voluntary Percent
Demand Reduction
Severity
1 5% Potential Shortage
2 10% Minor Shortage
3 20% Moderate Shortage
4 30% Severe Shortage
5 50% Critical Shortage
6 60% Extreme Emergency Shortage
8.4.1. Supply Augmentation
The City’s 2020 UWMP indicated that groundwater supplies from the Merced Subbasin were expected to remain sufficient to meet projected customer demands under most anticipated conditions. This condition generally remains unchanged for this 2025 UWMP. However, consistent with CWC requirements and the 2025 UWMP Guidebook, the City has identified feasible supply augmentation measures and operational actions that may be implemented to reduce the impacts of drought, operational disruptions, or emergency water shortage conditions.
Because the City relies exclusively on groundwater supplies from the Merced Subbasin, opportunities for traditional supply augmentation are more limited than for agencies with multiple imported or surface water supplies. As a result, the City’s supply augmentation strategy focuses primarily on maximizing operational flexibility within the existing groundwater system, maintaining well reliability, utilizing existing storage capacity, and coordinating regional groundwater sustainability efforts to preserve long-term groundwater supply reliability.
During shortage conditions, the City may implement a variety of operational and supply reliability measures intended to reduce the supply-demand gap and maintain system reliability. These measures may include maximizing production from active groundwater wells, increasing operational flexibility among wells and storage facilities, strategically utilizing available storage capacity, optimizing pumping schedules, and reducing operational losses through system maintenance and leak detection activities. The City may also rehabilitate or reactivate inactive wells where feasible, expedite repair or replacement of failed pumping equipment, and utilize backup power generation equipment during emergency power outages or other operational disruptions.
In addition, the City will continue coordinating with other regional GSA’s regarding groundwater recharge, basin management activities, and long-term groundwater sustainability planning efforts within the Merced Subbasin. During severe drought or emergency conditions, the City may also evaluate opportunities for supplemental regional water supply coordination or future groundwater recharge partnerships if such opportunities become available and can be feasibly integrated into the City’s water system.
Unlike agencies with imported surface water supplies, the City does not currently maintain dedicated emergency imported water supplies or formal water exchange agreements capable of significantly augmenting potable supplies during shortage conditions. Consequently, the City’s ability to offset