PUBLIC NOTICE NOTICE BY THE LIVINGSTON CITY COUNCIL OF ITS INTENT TO ADOPT AN ORDINANCE ORDINANCE 2026- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING LIVINGSTON MUNICIPAL CODE SECTION 1-12-2 REGARDING SURPLUS PROPERTY DISPOSAL PROCEDURES WHEREAS, the City set certain procedures to dispose of surplus property; and WHEREAS, currently, the City Manager may only dispose of surplus property by (1) assignment to a new department by property transfer, (2) public auction, (3) sale to the highest bidder after advertisement, (4) in the case of surplus land, sale or lease to an appropriate local agency or otherwise designated party as per Cal. Gov't Code Title 5, Division 2, Part 1, Chapter 5, Article 8, § 54222, and (5) scrap materials designated surplus property may be disposed of on an ongoing basis, as necessary, through direct sales, informal bid process, contract negotiations or sealed bids; and WHEREAS, while the purpose of the policy is to prevent waste and corruption, the City has limited options to dispose of outdated or broken property; and WHEREAS, the City would like to amend the Ordinance to implement a process to expedite the disposal of outdated or broken surplus property, including supplies and equipment by throwing broken supplies and equipment in the garbage or donating outdated supplies and equipment to other government entities or non-profits; and WHEREAS, the City desires to further amend the Ordinance to require all proposed sales, leases or other disposals of surplus land or real property under Cal. Gov't Code Title 5, Division 2, Part 1, Chapter 5, Article 8, § 54222, to be reviewed and authorized by City Council prior to its disposal; and WHEREAS, this Ordinance amends Section 1-12-2 of the Municipal Code to permit staff to throw broken supplies and equipment in the garbage and donate outdated supplies and equipment to other government entities or non-profits, and WHEREAS, the Ordinance amends Section 1-12-9 of the Municipal Code to require prior review and approval by City Council of proposed sales, leases or other disposal of surplus land or real property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are true and correct and are made a part of this Ordinance. SECTION 2. Livingston Municipal Code. Section 1-12-2 is hereby repealed in its entirety and shall be replaced with the following: "(A) The Department Head, when designated by the City Manager, is responsible for the sale, donation, recycling, or other disposition of surplus personal property used by that department. The City Manager and/or the Department Head may declare as surplus any item of personal property seized by, in the lawful possession of, or owned by the City free of liens and encumbrances, whenever he or she finds it is not needed by any department of the City. (B) The Department Head, when designated by the City Manager, may sell any personal property declared surplus pursuant to subsection (a), at public or private sale, with advance notice of sale given by either formal (published notice) or informal (social media or similar) means, for the highest price the Department Head can obtain. (C) The Department Head, when designated by the City Manager, may also transfer any surplus personal property to another governmental agency or to a quasi-public agency by negotiated sale, exchange, loan, or gift; provided that gifts hereunder to any agency shall not exceed an aggregate value of five thousand dollars ($5,000.00) annually. "Quasi-public agency," as used in this subsection, means a tax-exempt nonprofit corporation which is currently engaged in a public project financed in whole or in part by public funds pursuant to contract or grant agreement with a governmental agency, whose assets, upon dissolution, will not be distributable to or for any private person or purpose. (D) The proceeds of sales or surplus personal property pursuant to this section shall be deposited in the general fund of the City, except where established accounting procedures require the deposit of proceeds in some special fund of the City. The Department Head shall compile a detailed list of all personal property sold, donated, or disposed of from that Department during each fiscal year and present the listing, along with a breakdown of revenues received from the sale of surplus personal property, to the City Council at least once during each fiscal year. (E) The Department Head, when designated by the City Manager, may direct the destruction of any property declared surplus pursuant to subsection (a) whenever he or she finds that the item has no value, is not usable by any other governmental agency or quasi-public agency, or is not appropriate for public or private sale." SECTION 3. Livingston Municipal Code. Section 1-12-9 is hereby amended to read as follows: (A) SURPLUS LAND is defined as real property owned by the city which is determined to be no longer necessary for the city's use. (B) After review and authorization from the City Council, the city may dispose of such surplus land in accordance with the conditions set by the Cal. Gov't Code Title 5, Division 2, Part 1, Chapter 5, Article 8, § 54222. (C) Prior to disposing of that property, the city shall send a written offer to sell or lease the property as follows: For the purpose of developing low and moderate income housing, to any local agencies within whose jurisdiction the surplus land is located including, but not limited to, housing authorities or redevelopment agencies; For park and recreational or open space purposes: (a) To any Park and Recreation Department of any city within which the land is situated; (b) To any Park and Recreation Department of the county within which the land is situated; (c) To any regional park authority having jurisdiction; and (d) To the state resources agency. For enterprise zone purposes, to the nonprofit Neighborhood Enterprise Association Corporation in the designated enterprise zone; For designated program area purposes, to the program area agent; and For school purposes, to any public school district within whose jurisdiction the land is situated. (D) After the city has received notice from an entity desiring to purchase or lease the land, the city shall enter into good faith negotiations to determine a mutually satisfactory sales price or lease terms. (E) In the event that the city receives more than one offer, priority shall be given to the entity which agrees to use the site for housing for persons of low or moderate income, except that first priority shall be given to an entity which agrees to use the site for park or recreational purposes if the land being offered is already being used and will continue to be used for park or recreational purposes, or if the land is designated for park or recreational use in the local general plan. Introduced: April 7, 2026 Passed and Adopted: ___________________________ JOSE MORAN, Mayor of the City of Livingston ATTEST: State of California ) County of Merced ) City of Livingston ) I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 7th day of April 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____th day of April 2026 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Monica Cisneros, Deputy City Clerk of the City of Livingston APPROVED AS TO LEGAL FORM Marc Barraza Tran, City Attorney IPL0329854 Apr 10 2026