JUNE 07, 2011

CITY COUNCIL REGULAR MEETING AGENDA

JUNE 7, 2011

CLOSED SESSION: 6:00 P.M.

OPEN SESSION: 7:00 P.M.

Notice is hereby given that the City Council will hold a Regular Meeting on June 7, 2011, 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 in the City of Livingston City Hall Conference Room located at 1416 C Street. The agenda shall be as follows:

Closed Session

1. Call to Order.

2. Pledge of Allegiance.

3. Roll Call.

A “Closed” or “Executive” Session of the City Council or the Livingston Redevelopment Agency 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 Hall Conference Room 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. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

2. Conference with Legal Counsel – Potential Litigation

(Government Code Section 54956.9)

Number of Cases: One

Regular Meeting

CALL TO ORDER Next Resolution Number: 2011-38

Next Ordinance Number: 590

Pledge of Allegiance.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation on Supervisorial Redistricting by Jim Brown, Assistant Chief Executive

Officer for Merced County.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

City Staff Announcements and Reports.

Interim City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

PUBLIC HEARINGS

2. Introduce and Waive the First Reading of Ordinance No. ___of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-6-5 (C), Nonconforming Uses of Land, Concerning Nonconforming Agricultural Uses.

CITIZEN COMMENTS

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.

CONSENT CALENDAR

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.

3. Initiating Proceedings Under the Landscape and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code, et. seq., Declaring the City’s Intention to Levy and Collect Assessments Within the City’s Landscape and Lighting Maintenance Assessment District for Fiscal Year 2011/2012, Approval of the Annual Engineer’s Report and Setting a Time and Place for a Public Hearing.

{Note from TheGardeningSnail: at the time this post was originally put together, the documentation for Items 3 and 4 were included in the Agenda Packet on the City’s Web Site as of Saturday, June 05, 2011. If time and schedule permits, I will create and link to a page for these items in the near future.

While I don’t yet have the digital up for This Year’s discussion, I can give you the discussion for LAST year’s discussion, which went something like this:

“Jim Alderman from Willdan Financial Services gave an overview of the special assessments for the Citywide Consolidated Landscape and Maintenance Assessment District No.1. He said that the City levies and collects assessments for 26 zones in the Assessment District for services provided to residents in these areas. He said the purpose of tonight’s meeting is to take public comment and approve the engineering report and the assessments outlined in the report. He was available to answer questions.

Mayor Varela opened the hearing for public comments at 7:29 p.m. and subsequently closed the hearing at 7:29 p.m. as there were no public comments.

Motion: M/S Vierra/Aguilar to adopt Resolution No. 2010-30, approving a Resolution of the City Council of the City of Livingston Approving the Engineer’s Report for the Citywide Consolidated Landscape Maintenance Assessment District No. 1 and the Levy and Collection of Annual Assessments within such District for Fiscal Year 2010/2011 and Confirming Diagrams and Assessments Pursuant to the Provisions of Part 2 of Division 15 of the California Streets and Highways Code and as Provided by Article XIIID of the California Constitution. The motion carried 5-0 by the following vote:

AYES: Council Members: Aguilar, Espinoza, Nateras, Varela, Vierra

NOES: Council Members: None

ABSENT: Council Members: None” Source: JULY 6, 2010 Draft Minutes}

4. Initiating Proceedings Under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq., Declaring the City’s Intention to Levy and Collect Assessments Within the City’s Benefit Assessment Districts for Fiscal Year 2011/2012, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing.

{Note from TheGardeningSnail: at the time this post was originally put together, the documentation for Items 3 and 4 were included in the Agenda Packet on the City’s Web Site as of Saturday, June 05, 2011. If time and schedule permits, I will create and link to a page for these items in the near future.

While I don’t yet have the digital up for This Year’s discussion, I can give you the discussion for LAST year’s discussion, which went something like this:

“Jim Alderman from Willdan Financial Services gave an overview of the special assessments for the Benefit Assessment Districts. He said that the City levies and collects assessments for 18 Benefit Assessment Districts for services provided to residents in these areas. He said the purpose of tonight’s meeting is to take public comment and approve the engineering report and the assessments outlined in the report. He was available to answer questions.

Mayor Varela opened the hearing at 7:31 p.m. for public comments and subsequently closed the hearing at 7:31 p.m. as there were no comments from the public.

Motion: M/S Nateras/Vierra to adopt Resolution No. 2010-31, approving a Resolution of the City Council of the City of Livingston Approving the Engineer’s Report for the Livingston Benefit Assessment Districts and the Levy and Collection of Annual Assessments within such Districts for Fiscal Year 2010/2011 and Confirming Diagrams and Assessments Pursuant to the Benefit Assessment Act of 1982 as provided by Article XIIID of the California Constitution. The motion carried 5-0 by the following vote:

AYES: Council Members: Aguilar, Espinoza, Nateras, Varela, Vierra

NOES: Council Members: None

ABSENT: Council Members: None” Source: JULY 6, 2010 Draft Minutes}

5.Resolution Awarding Construction Contract to Shannon Pump Company, Merced, California, Approving the Expenditure of Construction Funds for the Energy Efficiency and Conservation Block Grant (EECBG) – Replacement of Motors at Water Wells 8,9,11 and 13 – Grant No. CBG- 09-093 and Authorizing the Interim City Manager to Execute a Construction Contract and Any Change Orders Thereto with Shannon Pump Company.

{Note from TheGardeningSnail: at the time this post was originally put together, the back-up documentation for the above item was not yet posted online. Therefore I have taken the liberty to link to the documentation as provided in the May 17, 2011 City Council Meeting}

6. Adopt Resolution Approving Amendment 2 to the Memorandum of Understanding (MOU) Between the City of Livingston and Merced County Workforce Investment Board of Enterprise Zone Marketing and Program Management Services.

7. Approve Resolution of Intent to Amend, Repeal, or Replace Sections to Clarify Livingston Municipal Code (LMC) 5-6-2 Concerning Amendments and Rezonings.

{Note from TheGardeningSnail: at the time this post was originally put together, the back-up documentation for the above item was not yet posted online. Therefore I have taken the liberty to provide the link below from the documentation as provided in the May 17, 2011 City Council Meeting If you happen to see the item above “light up”, that means I got the documentation and the time to link it up.} 🙂

Resolution of Intent to Amend Livingston Municipal Code (LMC) 5-2-3-29 Vehicle Sales, LMC 5-3-14 Vehicle Sales Overlay District (VEH) Table 3 – Land Use – Commercial Zoning, Vehicles Sales, Footnote D and LMC 5-6-2 Amendments and Rezoning (and the numbering of subsequent lines).}

8. Denial of Claim for Damages from Maria Chavez.

9. Approval of Minutes of Meeting Held on May 16, 2011.

10. Approval of Minutes of Meeting Held on May 17, 2011.

11. Approval of Minutes of Meeting Held on May 18, 2011.

12. Approval of Minutes of Meeting Held on May 25, 2011.

13. Approval of Warrant Registers (2) Dated June 1, 2011.

DISCUSSION AND POTENTIAL ACTION ITEMS

14. City Council to Provide Staff Direction for Appointment to the Planning Commission.

15. City Council to Provide Staff Direction for Vacancy on the Parks and Recreation Commission.

16. City Council Designation of Equipment/Property as Surplus and Authorize Staff to Dispose of Property Appropriately.

Note from TheGardeningSnail: Just got the documentation on this one . In case you’re interested, I can also give you the discussion for LAST year’s “disposal of property discussion”, which went something like this:,

“Council Member Espinosa said that he wanted to make sure that City employees did not purchase any surplus property. City Attorney Hobbs said that he thought that the Municipal Code already prohibits employees from purchasing surplus property from the City. He said that he would check on this for the City Council. Police Chief Dunford said that the City is using Property Room.Com to dispose of its surplus property. They are located in the City of Industry and sell the property on-line similar to e-Bay. Any property that cannot be disposed of on Property Room.Com will be disposed of through non-profit organizations or other appropriate means by the Police Department.

Council Member Espinoza said that he wanted to make sure that employees did not purchase the surplus property. City Manager Warne said that is one of the reasons why the City is going to dispose of its surplus property through Property Room.Com. When a person goes to the website to bid on an item, they have no idea who owns the property. The staff does not want to be in the position where they are accused of doing something wrong or inappropriate. City Manager Warne said that he had no problem including a statement, in the motion approving Agenda Item #12, prohibiting employees from purchasing any City surplus equipment. There are always people ready to criticize the City and to find fault with something the City is doing. He wants such a statement in the motion.

Mayor Pro-Tem Vierra said that the City Council voted on this several years ago to prohibit City employees from purchasing City surplus property.

Motion: M/S Espinoza/Aguilar to approve Consent Agenda Item No. 12 with the provision that no employee or family member of an employee may purchase the surplus property. The motion carried by a vote of 5-0.”}  Source: JULY 6, 2010 Draft Minutes

17. City Council Guidance on Extending the October Street Fair and the Addition of Produce Sales.

{Note from TheGardeningSnail: Remember when some people on the Council were talking about firing part-time staff, possible furlough days, and other potential cuts in Budgets and Staffing? Does this means the Council has changed their collective minds about staffing levels and are willing to spend a little extra on payroll instead? Or are they going to volunteer to do the work themselves? Just thought I’d ask…..}

ADJOURNMENT

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