APRIL 19, 2016



APRIL 19, 2016



Notice is hereby given that the City Council will hold a Regular Meeting on April 19, 2016, at the City Council Chambers, 1416 C Street, Livingston, California. Persons with disabilities who may need assistance should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection at Livingston City Hall, 1416 C Street. The Open Session will begin at 7:00 p.m. The Closed Session will be held in accordance with state law prior to the Open Session beginning at 6:00 p.m. The Closed Session will be held at the City Council Chambers located at 1416 C Street. The agenda shall be as follows:


1. Call to Order.

2. Roll Call


A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 1416 C Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 1416 C Street, Livingston, California.

1. Conference with Legal Counsel – Potential Litigation

((Government Code Section 54956.9(d)(2))

Number of Cases: 1

2. Public Employee Performance Evaluation

(Government Code Section 54957)

Title: Interim City Manager

3. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager Recruitment

4. Conference with Real Property Negotiator

(Government Code Section 54956.8)

Real Property: Portion of APN: 047-160-001

Negotiating Parties: Interim City Manager/City Attorney and Jim Briscoe Enterprises

Under Negotiation: Lease Renewal

5. Conference with Real Property Negotiator

(Government Code Section 54956.8)

Real Property: APN Nos.: 047-140-006 & 047-140-0017

Negotiating Parties: Interim City Manager, City Attorney

Under Negotiation: Sale of Property {Note from TheGardeningSnail – This property is next to the City’s WasteWater Treatment Plant and was once leased to the Martins.}

Regular Meeting

CALL TO ORDER Next Resolution No.: 2016-16 Next Ordinance No. 628

Pledge of Allegiance.

Roll Call.

Closed Session Announcements

Changes to the Agenda.


1. Presentation: Marjorie Kirn, Executive Director of the Merced County Association of Governments (MCAG) on the proposed Transportation Expenditure Plan which outlines a flexible approach to spending more than $450 million of new revenue to address the region’s transportation needs over three decades. Half of the funding will go directly to our local governments for local transpiration needs. The remaining funds will be used for funding for projects of regional benefit, as well as transit.


Supervisor John Pedrozo Announcements and Reports.

City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.


This section of the agenda allows members of the public to address the City Council on any item NOT otherwise on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening. For items which are on the agenda this evening members of the public will be provided an opportunity to address the City Council as each item is brought up for discussion.


Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by the City Manager or City Council Member. There will be no separate discussion of these items unless members of the City Council or City Manager request that specific items be removed.

2. Council Authorize Purchase of New Police Vehicle.

3. Council Authorize Staff to Purchase Portable Radios and Accessories Utilizing 2015 State Homeland Security Grant Program.

4. Resolution Authorizing the Interim City Manager, or his Designee, to Submit an Application to the California Department of Resources Recycling and Recovery (CalRecycle) for the Beverage Container Recycling Program.

5. Council Designate Equipment/Property as Surplus and Authorize Staff to Dispose of Property Appropriately.

6. Approval of Warrant Register Dated April 14, 2016.


7. Resolution Approving the Purchase and Installation of Variable Frequency Drives (VFDs) at Wells No. 8 and 16.

8. General Discussion of Property Tax Revenue Sharing Agreement between the City of Livingston and Merced County.