How They Voted in 2010

The information on this page has been obtained by editing down Draft Minutes and is a continual Work in Progress. I have highlighted some items in Bold and Italics for informational purposes only.

If you wish to read the discussion leading up to each vote, click on the links provided.

January 5, 2010 Minutes

Motion: M/S Espinoza/Aguilar to adopt Resolution No. 2010-1, Conditionally Approving Site Plan/Design Review 2009-04 for the Dr. Singh Mixed Use Project. 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

Motion: M/S Vierra/Nateras to adopt Resolution No. 2010-2, Denying Site Plan/Design Review 2009-05 for the Parkside Subdivision, denying the request to add asphalt composition shingles to the list of approved roofing materials and requiring all houses on Tashima Drive with asphalt shingles to be re-roofed with tile. 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

Motion: M/S Varela/Vierra to approve the Memorandum of Understanding Between the Merced Union High School District and the City of Livingston Regarding the Deferral of Improvements to Peach Avenue. 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

CONSENT CALENDAR

6. Approval of Minutes of Meeting Held on October 20, 2009.

7. Approval of Warrant Register Dated December 9, 2009.

8. Approval of Warrant Register Dated December 17, 2009.

9. Approval of Warrant Numbers 68840 ($65,445.02 – Legal Services), 68984 ($43,791.94 – Legal Services), 69096 ($6,637.50 – Police Recruitment Services), 69181 ($81,791.36 – Legal Services), and 69266 ($5,103.36 – Police Recruitment Services).

Council Member Espinoza requested that Warrant Numbers 69438 and 69428 from the December 17 Warrant Register be pulled for a separate vote.

Motion: M/S Vierra/Varela to approve Consent Calendar items 6, 7 and 8. 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

Motion: M/S Espinoza/Aguilar to not pay Warrant Numbers 69438 and 69428. The motion failed on a 3-2 vote, with the City Council Members voting as follows:

AYES: Council Members: Aguilar, Espinoza,

NOES: Council Members: Nateras, Varela, Vierra

ABSENT: Council Members: None

Motion: M/S Vierra/Nateras to approve Consent Calendar Item #9 and approve Warrant Numbers 69438 and 69428. The motion passed on a 3-2 vote, with the City Council Members voting as follows:

AYES: Council Members: Nateras, Varela, Vierra

NOES: Council Members: Aguilar, Espinoza

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

Motion: M/S Nateras/Vierra to Introduce and Waive First Reading of an Ordinance of the City Council of the City of Livingston Amending Title 2 (Government Organization) Chapter 3 (Citizens’ Service Committee) of the Livingston Municipal Code Relating to the Organization and Duties and Responsibilities of the Citizens’ Service Committee with staggered committee member terms, with half of the initial terms to be two-year terms and half of the initial terms to be four-year terms. The motion passed on a 3-2 vote, with the City Council Members voting as follows:

AYES: Council Members: Nateras, Vierra, Varela

NOES: Council Members: Aguilar, Espinoza

ABSENT: Council Members: None

11. Resolution of the City Council of the City of Livingston Establishing a Policy Regarding Attendance at City Council Meetings by Members of the City Council.

Motion: M/S Aguilar/Espinoza to continue to the next City Council Meeting so that wording can be added to the Resolution of the City Council of the City of Livingston Establishing a Policy Regarding Attendance at City Council Meetings by Members of the City Council.

The motion failed on a 3-2 vote, with the City Council Members voting as follows:

AYES: Council Members: Aguilar, Espinoza,

NOES: Council Members: Nateras, Varela, Vierra

ABSENT: Council Members: None

Council Member Espinoza said that he would donate his City Council paycheck to people that cannot pay their water bill.

FEBRUARY 2, 2010 Minutes

CHANGES TO THE AGENDA

Motion: M/S Espinoza/Vierra to add to the City Council agenda a Resolution No. 2010-7, Resolution Authorizing the City of Livingston to Accept Award Money from the Energy Efficiency and Conservation Block Grant Funds (EECBG). 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

ANNOUNCEMENTS AND REPORTS

Motion: M/S Espinoza/Aguilar to place an item on the next City Council meeting agenda to appoint the first three applicants to the Planning Commission.

The motion failed 3-2 by the following vote

AYES: Council Members: Aguilar, Espinoza,

NOES: Council Members: Nateras, Varela, Vierra.

ABSENT: None.

CITIZEN COMMENTS

Motion: M/S Espinoza/Vierra to place the animal control ordinance on the agenda for a future City Council meeting. No vote taken, but Mayor Varela asked that the ordinance be included in a future City Council agenda.

CONSENT CALENDAR

Mayor Pro Tem Vierra presented the Consent Calendar.

5. Resolution of the City Council of the City of Livingston Authorizing the City Manager to Enter into an Agreement with the California Department of Parks and Recreation to Receive Grant Funding from the Land and Water Conservation Program for the Livingston Sports Complex for Construction of Restrooms and a Picnic Shelter.

6. Waive Second Reading and Adopt Ordinance No. 585, an Ordinance of the City Council of the City of Livingston Amending Title 2 (Government Organization) Chapter 3 (Citizens’ Service Committee) of the Livingston Municipal Code Relating to the Organization and Duties and Responsibilities of the Citizens’ Service Committee.

Page 11 of 20

7. Resolution of the City Council of the City of Livingston Approving the Employment Agreement Between the City of Livingston and Douglas D. Dunford for Employment as Police Chief.

8. Resolution Authorizing Designated Signatures for City Bank Accounts.

9. Approval of Minutes of Meeting Held on November 17, 2009.

10. Approval of Warrant Register Dated January 14, 2010.

11. Approval of Warrant Register Dated January 27, 2010.

Council Member Espinoza requested that Agenda Item Numbers 6, 7 and Warrant Numbers 69740 and 69750 from Item Number 11 be pull from the Consent Calendar for separate discussion.

Motion: M/S Varela/Aguilar to approve Consent Calendar items 5, 8 and 10. 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

Motion: M/S Espinoza/Aguilar NOT to Waive the Second Reading and NOT to Adopt Ordinance No. 585, an Ordinance of the City Council of the City of Livingston Amending Title 2 (Government Organization) Chapter 3 (Citizens’ Service Committee) of the Livingston Municipal Code Relating to the Organization and Duties and (Page 13 of 20) Responsibilities of the Citizens’ Service Committee. The motion failed 3-2 by the following vote:

AYES: Council Members: Aguilar, Espinoza

NOES: Council Members: Nateras, Varela, Vierra

ABSENT: Council Members: None

Motion: M/S Nateras/Vierra to Waive the Second Reading and Adopt Ordinance No. 585, an Ordinance of the City Council of the City of Livingston Amending Title 2 (Government Organization) Chapter 3 (Citizens’ Service Committee) of the Livingston Municipal Code Relating to the Organization and Duties and Responsibilities of the Citizens’ Service Committee. The motion passed 3-2 by the following vote:

AYES: Council Members: Nateras, Varela, Vierra

NOES: Council Members: Aguilar, Espinoza

ABSENT: Council Members: None

Motion: M/S Vierra/Nateras to approve the Resolution of the City Council of the City of Livingston Approving the Employment Agreement Between the City of Livingston and Douglas D. Dunford for Employment as Police Chief. 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

Motion: M/S Espinoza/Aguilar NOT to pay Warrant Number 69740 for $37,000 to Kronick, Moskovitz, Tiedemann & Girard and Warrant Number 69750 for $5,000 to Bob Murray and Associates. The motion failed 3-2 by the following vote:

AYES: Council Members: Aguilar, Espinoza

NOES: Council Members: Nateras, Varela, Vierra

ABSENT: Council Members: None

Motion: M/S Vierra/Varela to Approve the Warrant Register dated January 27, 2010 and to pay Warrant Number 69740 for $37,000 to Kronick, Moskovitz, Tiedemann & Girard and Warrant Number 69750 for $5,000 to Bob Murray and Associates. The motion passed 3-2 by the following vote:

AYES: Council Members: Nateras, Varela, Vierra

NOES: Council Members: Aguilar, Espinoza

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

Motion: M/S Vierra/Espinoza adopting the Resolution Approving Submittal of a Grant Application to the State of California Department of Parks and Recreation Office of Grants and Local Services (OGALS) for a Proposition 84/Statewide Park Development and Community Revitalization Grant to Support Recreational Additions to the Livingston Sports Complex. The motion passed 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Motion: M/S Espinoza/Aguilar that the lease for the City-owned house be amended so that the renter paid for all the utilities. The motion passed 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Motion: M/S Vierra/Varela to approve the Resolution Authorizing the City of Livingston to Accept Award Money from the Energy Efficiency and Conservation Block Grant Funds (EECBG). The motion passed 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

The City Council meeting was adjourned at 9:23 p.m.

March 4 2010 Draft Minutes

SPECIAL MEETING

ROLL CALL

Mayor Daniel Varela, Sr.

Mayor Pro-Tem Frank Vierra

Council Member Rodrigo Espinoza (Absent)

Council Member Margarita Aguilar (Absent)

Council Member Martha Nateras

CHANGES TO THE AGENDA

City Attorney Jonathan Hobbs recommended removal from the agenda of item #14 (Consider Adoption of an Urgency Ordinance Establishing a Moratorium on Medicinal Marijuana Dispensaries). City Attorney Hobbs explained that this item requires a four-fifths vote because it was an urgency ordinance and there were not enough Council members present to consider this item.

Motion: M/S Vierra/Nateras to remove item #14 (Consider Adoption of an Urgency Ordinance Establishing a Moratorium on Medicinal Marijuana Dispensaries) from the agenda. The motion carried 3-0.

CONSENT CALENDAR

Mayor Pro Tem Vierra requested that item #5 be pulled for consideration at the next City Council meeting. He said the City has an ordinance that that requires three votes on this item. Mayor Pro Tem Vierra said that he is going to vote against item #5.

The following items were presented for Council consideration under the consent calendar:

4. Approval of Lease of City-Owned House.

5. Approval of Merced County Association of Governments Work Program and Budget for Fiscal Year 2010/2011

Continued to the next regular City Council meeting. .

6. Resolution Approving the Expansion of the Merced County Regional Enterprise Zone Boundaries. (Resolution No. 2010-08).

7. Authorization for the City Manager to Enter into an Agreement with the Merced Union High School District for the Installation of the Exterior Lighting at the High School as funded by the U.S. Department of Justice under the COPS Secure Our Schools Grant Program.

8. Resolution to Award a Traffic Signal Maintenance and Emergency Repair Services Contract to Republic ITS of Novato, California and Authorize the City Manager to Execute the Agreement. (Resolution No. 2010-09).

9. Resolution Approving updated Owner Occupied Rehabilitation and First-Time Homebuyer Program Guidelines. (Resolution No. 2010-10).

10. Approval of Meeting Minutes of December 1, 2009.

11. Approval of Warrant Register Dated February 10, 2010.

12. Approval of Warrant Register Dated February 24, 2010.

Motion: M/S Vierra/Nateras to approve the consent calendar as presented with the exception of Item #5. The motion carried 3-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

M/S Varela/Nateras to conduct Planning Commission interviews at a special meeting for all candidates on March 16, at 5:30 p.m. The motion carried 3-0.

ADJOURNMENT

The meeting was adjourned by consensus at 9:03 p.m.

March 16, 2010 Draft Minutes

(Note from thegardeningsnail. This was the meeting that was not televised

because one of the candidates for Commissioner did not feel comfortable being on TV.

The Candidates responses to questions were also not included in the written Draft Minutes)

ROLL CALL

Mayor Daniel Varela, Sr.

Mayor Pro Tem Frank Vierra

Council Member Rodrigo Espinoza (Absent)

Council Member Margarita Aguilar

Council Member Martha Nateras

DISCUSSION AND POTENTIAL ACTION ITEMS

1. Planning Commission Interviews and Potential Appointment of Planning Commissioners.  

Mayor Varela recommended that the City Council appoint Alex Gonzalez, Hugo Salgado and Ron Kraus to the Planning Commission. Council Member Nateras made the motion to appoint these individuals to the Planning Commission. The motion died for lack of a second.

Motion: M/S Aguilar/Nateras to appoint Alex Gonzalez, Luis Flores and Hugo Salgado to the Planning Commission. The motion carried 4-0 by the following vote:

AYES: Council Members Aguilar, Nateras, Varela, Vierra

NOES: None.

ABSENT: Espinoza

ADJOURNMENT

The meeting was adjourned by consensus at 6:50 p.m.

APRIL 20, 2010 Draft Minutes

PUBLIC HEARINGS

1. Resolution Approving a One-Year Extension of the Approval Date of Site Plan/Design Review 2007-02 for the Horisons Unlimited Health Care Facility to be located at 164 B Street.

Motion: M/S Espinoza/Aguilar to adopt Resolution No. 2010-11, Approving a One-Year Extension of the Approval Date of Site Plan/Design Review 2007-02 for the Horisons Unlimited Health Care Facility to be Located at 164 B Street. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CITIZEN COMMENTS

CONSENT CALENDAR

Prior to considering consent agenda items, Council Member Aguilar asked that Items 11, 12 and 15 be pulled for separate discussion, individual vote and citizen comments.

Mayor Pro-Tem Vierra asked to pull Item No. 10. Council Member Espinoza requested that Warrant No. 70101 for $92,808.38, part of Item #20, be pulled for discussion.

Motion: M/S Vierra/Varela to approve consent agenda items 7, 8, 9, 13, 14, 16, 17, 18, 19, 21. The motion carried 5-0.

7. Resolution No. 2010-12 Approving the 2010 Update to the City of Livingston Engineering Standards.

8. Resolution No. 2010-13 Approving the Expansion of the Merced County Regional Enterprise Zone Boundaries Within Merced County.

9. Approval of Merced County Association of Governments (MCAG) Work Program and Budget for Fiscal Year 2010/2011.

10. Amended and Restated Joint Powers Agreement for the Transit Joint Powers Authority of Merced County.

Motion: M/S Vierra/Nateras to approve the Amended and Restated Joint Powers Agreement for the Transit Joint Powers Authority of Merced County. The motion carried 5-0.

11. Resolution of the City Council of the City of Livingston Defining the Role, Duties and Responsibilities of the City Attorney.

Motion: M/S Espinoza/Aguilar not to approve the Resolution Defining the Role, Duties and Responsibilities of the City Attorney. The motion failed to carry by the following 2-2 split vote:

AYES: Council Members: Varela, Vierra

NOES: Council Members: Aguilar, Espinoza

ABSENT: Council Members: None

ABSTAIN: Council Members: Nateras

Motion: M/S Varela/Vierra to adopt Resolution No. 2010-14, a Resolution of the City Council of the City of Livingston Defining the Role, Duties and Responsibilities of the City Attorney. The motion carried 3-2 by the following roll call vote:

AYES: Council Members: Nateras, Varela, Vierra

NOES: Council Members: Aguilar, Espinoza

ABSENT: Council Members: None

ABSTAIN: Council Members: None

12. Resolution of the City Council of the City of Livingston Providing for Warrant Payment Procedures.

Motion: M/S Aguilar/Espinoza to not adopt a Resolution Providing for Warrant Payment Procedures. The motion failed to carry by a vote of 2-3 with Mayor Varela, Mayor Pro-Tem Vierra and Council Member Nateras voting no.

Motion: M/S Vierra/Nateras to adopt Resolution No. 2010-15, a Resolution of the City Council of the City of Livingston Providing for Warrant Payment Procedures. The motion carried 3-2 by the following roll call vote:

AYES: Council Members: Nateras, Varela, Vierra

NOES: Council Members: Aguilar, Espinoza

ABSENT: Council Members: None

13. Resolution No. 2010-16, A Resolution of the City Council of the City of Livingston Authorizing the City Manager to Enter Into a Temporary Lease with Jim Brisco Enterprises, Inc.

14. Resolution No. 2010-17, Setting Aside Resolution 2008-55 Certifying the Environmental Impact Report Prepared for the 2025 General Plan Update and Approving the General Plan Update.

15. Receive Signature Verification Certificates for Recall Petitions.

Council Member Aguilar requested public comments on this item.

CITY COUNCIL RECESS

16. Denial of Claim for Damages from Janice Taber.

17. Approval of Minutes of Meeting Held on January 5, 2010.

18. Approval of Minutes of Meeting Held on February 2, 2010.

19. Approval of Warrant Register Dated March 11, 2010.

20. Approval of Warrant Register Dated April 1, 2010.

Council Member Espinoza said he pulled the attorney fees because he did not agree with them. It is Warrant No. 70101 for $92,038.00.

Motion: M/S Espinoza/Aguilar not to pay Warrant No. 70101. The motion failed by a vote of 2-3, with Mayor Varela, Mayor Pro-Tem Vierra and Council Member Nateras voting no.

Mayor Pro-Tem Vierra said the legal bill is for $92,808.38 and included in that is a lot more than just water. It has Wal-Mart, Blueberry Crossing, Livingston Family Apartments, Country Lane, Livingston High School expansion and the list goes on and on. It also has the planning commission and calls from City Council members to the City Attorney. The list is 1 ½ typed pages. The attorney fees are not just for water litigation.

Motion: M/S Vierra/Varela to approve entire warrant register, including Warrant No. 70101. The motion carried 3-2, with Council Members Aguilar and Espinoza voting no.

21. Approval of Warrant Register Dated April 14, 2010.

DISCUSSION AND POTENTIAL ACTION ITEMS

Motion: M/S Nateras/Vierra to waive the first and second readings of Urgency Ordinance No. 586, an Ordinance of the City Council Establishing a Moratorium on the Approval of Medical Marijuana Dispensaries. 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

23. Establish City of Livingston Planning Commissioner Terms for Newly Appointed Planning Commissioners.

Motion: M/S Aguilar/Espinoza to adopt Resolution No. 2010-18, appointing Luis Flores to a four year term; Hugo Salgado to a three year term; and Alexander Gonzalez to a two term. The motion failed to carry by the following roll call vote:

AYES: Council Members: Aguilar, Espinoza

NOES: Council Members: Nateras, Varela, Vierra

ABSENT: Council Members: None.

Motion: M/S Vierra/Nateras to adopt Resolution No. 2010-18, appointing Alexander Gonzalez to a four year term; Hugo Salgado to a three year term; and Luis Flores to a two year term. The motion carried 4-1, by the following roll call vote:

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

NOES: Council Members: Aguilar

ABSENT: Council Members: None

Motion: M/S Varela/Vierra to introduce and waive the first reading of an Ordinance of the City Council of the City of Livingston Amending Title 1 (Administrative) Chapter 5 (City Council) Section 1 of the Livingston Municipal Code Relating to Day and Times of Meetings of the City Council. The motion failed to carry 3-2 by the following vote:

AYES: Council Members: Varela, Vierra

NOES: Council Members: Aguilar, Espinoza, Nateras

ABSENT: Council Members: None

ADJOURNMENT

The meeting was adjourned by consensus at 11:52 p.m.

May 04, 2010

Motion: Vierra/Aguilar to adopt Resolution No. 2010-42, Approving Site Plan/Design Review 2010-03 for the Open Range Communications, Inc. Tower Project. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

Mayor Pro Tempore Vierra presented the consent calendar items as follows:

3. Resolution No. 2010-20, Directing Revisions to the General Plan Update and EIR and Retaining the Municipal Consulting Firm of PMC for Such Services.

4. Approval of Minutes of Meeting Held on March 4, 2010.

5. Approval of Warrant Register Dated April 27, 2010.

Motion: Varela/Vierra to approve the consent calendar items as presented. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

Motion: M/S Vierra/Aguilar to adopt Resolution No. 2010-21, Calling for a Special Election to Determine Whether Mayor Daniel Varela, Sr., and/or Council Member Martha Nateras Should be Recalled and Setting August 31, 2010, as the date for said Special Election. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

7. City Council Guidance on Skateboard Park Design and Site Selection Process.

Motion: M/S Nateras/Varela to forward this project to the Planning Commission and direct them to be the lead committee to select the consultant, recommend a design and recommend a site to the City Council. The motion carried 5-0.

8. Request by Council Member Espinoza and Council Member Aguilar to Discuss July 4 Celebration.

Motion: M/S Espinoza/Aguilar to fund a 4th of July celebration using General Fund monies. The motion failed to carry with Mayor Varela, Mayor Pro Tempore Vierra and Council Member Nateras voting no.

May 12, 2010

Special Meeting

CONSENT CALENDAR

Motion: M/S Varela/Nateras to adopt Resolution No. 2010-22, awarding the construction contract to JJR Construction, Inc., San Mateo, California, Approving the Expenditure of Construction Funds for the Federal Safe Routes to Schools Sidewalk Installation Project – Project No. SRTSL-5256 (008) and Authorizing the City Manager to Execute a Construction Contract and Any Change Orders Thereto with JJR Construction, Inc.

The motion carried 3-2 by the following vote:

AYES: Council Members: Nateras, Varela, Vierra

NOES: Council Members: None

ABSENT: Council Members: Aguilar, Espinoza

ADJOURNMENT

The meeting was adjourned by consensus at 5:22 p.m.

June 01, 2010

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

Motion: M/S Varela/Vierra to adopt Resolution No. 2010-23 to approve the Children’s Bill of Rights for Merced County. 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

PUBLIC HEARINGS

Motion: M/S Vierra/Nateras to Waive the First Reading and Introduce Ordinance No. 587, an Ordinance of the City Council of the City of Livingston to Allow Medical Offices/Clinics in a Public Facility (PF) Zoning District with a Conditional Use Permit (CUP).

The motion carried 4-1 by the following vote:

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

NOES: Council Members: Aguilar

ABSENT: Council Members: None

Motion: M/S /Nateras/Vierra to Adopt Ordinance No. 588, an Urgency Ordinance Extending a Moratorium on the Approval of Medical Marijuana Dispensaries. 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

Motion: M/S Vierra/Nateras to Introduce and Waive the First Reading of Ordinance No. 589, an Ordinance of the City Council of the City of Livingston to Prohibit Medical Marijuana Dispensaries. 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

CONSENT CALENDAR
Council Member Aguilar requested that Warrant No. 70383 be pulled for discussion. The following consent calendar items were presented for consideration and approval:

5. 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 2010/2011, Approval of the Annual Engineer’s Report and Setting a Time and Place for a Public Hearing. (Resolution No. 2010-24).

6. 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 2010/2011, Approval of the Annual Engineer’s Report and Setting a Time and Place for a Public Hearing. (Resolution No. 2010-25).

7. Resolution No. 2010-26 to Award a Professional Design Services Contract for the Picnic Area and Restroom Facilities at the Livingston Sports Complex to RFT Design Studio, Dublin, California, and Authorize the City Manager to Execute the Contract.

8. Approval of Minutes of Meeting Held on March 16, 2010.

9. Approval of Warrant Register Dated May 13, 2010.

10. Approval of Warrant Register Dated May 24, 2010.

Motion: M/S Aguilar/Nateras approve the consent agenda with the exception of Warrant No. 70383. The motion carried 5-0.

Council Member Aguilar stated that she wanted Warrant No. 70383 to be pulled for discussion because $25,000 of the fees being charged by the City Attorney were related to the water rate increase lawsuit and she wanted the citizens to be aware of this.

Motion: M/S Vierra/Varela to approve payment of Warrant No. 70383. The motion carried 3-2 by the following vote:

AYES: Council Members: Nateras, Varela, Vierra

NOES: Council Members: Aguilar, Espinoza

ABSENT: Council Members: None

ADJOURNMENT

The meeting was adjourned by consensus at 8:30 p.m.

JUNE 15, 2010 Draft Minutes

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

2. Interviews and Approval of a Resolution Selecting a Skate Park Consultant and Authorizing the City Manager to Enter into an Agreement for the Skate Park Design.

Motion: M/S Vierra/Aguilar to adopt Resolution No. 2010-27, selecting RJM Design Group as the skate park consultant and authorizing the City Manager to enter into a contract with RJM Design Group for the skate park design. 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

CONSENT CALENDAR

Mayor Pro-Tem Vierra presented the consent calendar items for Council approval:

Council Member Aguilar asked that Item No. 5, Second Reading and Adoption of an Ordinance to Allow Medical Offices/Clinics in a Public Facility (PF) Zoning District with a Conditional Use Permit, be pulled for separate discussion.

3. Resolution No. 2010-28, Approving the Submittal of a Grant Application to the California State Department of Housing and Community Development (HCD) for Funding under the 2010 CalHOME Program.

4. Resolution No. 2010-29 for the Acceptance of the American Recovery and Reinvestment Act Project – Street Rehabilitation 2009, Federal Project No. ESPL- 5256009, Authorizing the City Clerk to Record a Notice of Completion with Merced County and Authorizing the City Manager to Release Performance and Material Bonds and to Make Final Payment of Retention Monies to Granite Construction Company.

5. Waive the Second Reading and Adopt Ordinance No. 587 of the City Council of the City of Livingston to Allow Medical Offices/Clinics in a Public Facility (PF) Zoning District with a Conditional Use Permit.

Motion: M/S Varela/Vierra to waive the second reading and adopt Ordinance No. 587 of the City Council of the City of Livingston to Allow Medical Offices/Clinics in a Public Facility (PF) Zoning District with a Conditional Use Permit. The motion carried 4-1 by the following vote:

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

NOES: Council Members: Aguilar

ABSENT: Council Members: None

6. Waive the Second Reading and Adopt Ordinance No. 589 of the City Council of the City of Livingston to Prohibit Medical Marijuana Dispensaries.

7. Approval of Warrant Register Dated June 9, 2010.

Motion: M/S Vierra/Varela to approve Items 3, 4, 6 and 7 on the consent calendar. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

ADJOURNMENT

The meeting was adjourned by consensus at 9:00 p.m.

JULY 6, 2010 Draft Minutes

CHANGES TO THE AGENDA

Council Member Espinoza requested that Consent Calendar Items #5, #12 and Warrant Number 70662 from item #16 be pulled for separate discussion.

PUBLIC HEARINGS

1. Proceedings Under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500, et. seq: for the Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Confirming Assessments for Fiscal Year 2010/2011.

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

2. Proceeding Under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq: for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts, Confirming Assessments for Fiscal Year 2010/2011.

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

CONSENT CALENDAR

The following consent calendar items were presented for City Council consideration by Mayor Pro-Tem Vierra. Council Member Espinoza requested that Agenda Item #5, Agenda Item #12 and Warrant Number 70662 from Agenda Item #16 be pulled for further discussion.

3. Resolution No. 2010-32, Awarding Construction Contract to Teichert Construction, Turlock, California, Approving the Expenditure of Construction Funds for the “B” Street Pavement Rehabilitation Project, and Authorizing the City Manager to Execute a Construction Contract and any Change Orders Thereto with Teichert Construction.

4. Resolution No. 2010-33, Authorizing the City Manager to File Regional Surface Transportation Program (RSTP) Funds for Fiscal Year 2009/2010.

5. Resolution No. 2010-34, Requesting that the County of Merced Consolidate the City’s Municipal Election with the Statewide General Election.

6. Resolution No. 2010-35, Approving an Extension of the Current Memorandum of Understanding Between the City of Livingston and the City of Livingston Clerical Employees Association.

7. Resolution No. 2010-36, Approving an Extension of the Current Memorandum of Understanding Between the City of Livingston and the City of Livingston Management and Confidential Employees Association.

8. Resolution No. 2010-37, Approving an Extension of the Current Memorandum of Understanding Between the City of Livingston and the Livingston Police Officers’ Association.

9. Resolution No. 2910-38, Approving an Extension of the Current Memorandum of  Understanding Between the City of Livingston and the City of Livingston Public Works and Parks Employees Unit.

10. Resolution No. 2010-39, Approving an Extension of the Current Memorandum of Understanding Between the City of Livingston and the Livingston Supervisory Employees Association.

11. Resolution No. 2010-40, Approving an Extension of the Current Understandings Between the City of Livingston and the City of Livingston Unrepresented Employees not Associated with any City Bargaining Union.

12. Designate City Equipment/Property as Surplus and Authorize Staff to Dispose of Property Appropriately.

13. Authorize Staff to Use Public Memorandum of Understanding for Contractual Agreements with Other Public Entities for Police Department Firing Range Use.

14. Agreement for Professional Services Between City of Livingston and the Merced County Economic Development Corporation (MCEDCO).

15. Agreement Between the City of Livingston and RJM Design Group, Inc. for Site Selection and Design of a Skateboard Park in the City of Livingston. (Resolution No. 2010-41).

16. Approval of Warrant Register Dated June 30, 2010. Motion: M/S Vierra/Varela to approve Consent Calendar Agenda Items Numbers 3, 4, 6, 7, 8, 9, 10, 11, 13, 14, 15, and 16 with the exception of Warrant No. 70662. The motion passed 5-0.

Motion: M/S Espinoza/Aguilar to approve Consent Agenda Item No. 5. The motion carried by a vote of 5-0.

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.

Motion: M/S Espinoza/Aguilar not to pay Warrant No. 70662. The motion failed to carry by a vote of 3-2, with Mayor Varela, Mayor Pro-Tem Vierra and Council Member Nateras voting no.

Motion: M/S Varela/Vierra to approve the payment of Warrant No. 70662. The motion carried 3-2, with Council Members Aguilar and Espinoza voting no.

DISCUSSION AND POTENTIAL ACTION ITEMS

17. Domestic Wastewater Treatment Plant Evaporation Pond Layout and Capacity Study.

Motion: M/S Varela/Nateras to approve the engineering services agreement with Carollo Engineers and complete the Domestic Wastewater Treatment Plant Evaporation Pond Layout and Capacity Study. The motion carried 4-1 by the following vote:

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

NOES: Council Members: Espinoza

ABSENT: Council Members: None

AUGUST 3, 2010 Draft Minutes

PUBLIC HEARINGS

8. Resolution Adopting Initial Study and Negative Declaration and Approving Site Plan / Design Review 2006-01 for the Foster Farms Rendering Plant Project.

Motion: M/S Espinoza/Aguilar to adopt a Resolution Adopting the Initial Study and Negative Declaration and Approving Site Plan/Design Review 2006-01 for the Foster Farms Rendering Plant Project. The motion failed to carry by vote of 2-1, with Mayor Pro-Tem Vierra voting no.

9. Resolution Conditionally Approving Site Plan/Design Review 2010-05 for the AT&T Antenna Project.

Motion: M/S Vierra/Espinoza to adopt Resolution No. 2010-42, a Resolution Conditionally Approving Site Plan/Design Review 2010-05 for the AT&T Antenna Project. The motion carried 4-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: Nateras

10. Resolution Setting the City of Livingston’s Gann Appropriation Limit for the Fiscal Year 2010-2011.

Motion: M/S Vierra/Aguilar to adopt Resolution No. 2010-43, a Resolution Setting the City of Livingston’s Gann Appropriation Limit for the Fiscal Year 2010-2011 at $3,526,916.00. The motion carried 4-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: Nateras

11. Public Hearing and Resolution of the City Council of the City of Livingston Approving the City of Livingston Budget for Fiscal Year 2010-2011.

Motion: M/S Vierra/Espinoza to continue the budget item to the next meeting on August 17. The motion carried 4-0.

CONSENT CALENDAR

Council Member Espinoza asked that Warrant No. 70856 be pulled from Item #14.

Motion: M/S Vierra/Aguilar to approve Items Nos. 12, 13, 14, (15) with the exception of Warrant No. 70856. The motion carried 4-0.

12. Approval of Minutes of Meeting Held on April 20, 2010.

13. Approval of Warrant Register Dated July 15, 2010.

14. Approval of Warrant Register Dated July 28, 2010.

Motion: M/S Espinoza/Aguilar not to pay Warrant No. 70856. The motion failed to carry by a tie vote of 2-2, with Council Members Aguilar and Espinoza voting yes, and Mayor Varela and Mayor Pro-Tem Vierra voting no.

15. Resolution No. 2010-44 for Final Adoption of 2009-2014 Housing Element, Incorporating Minor Amendments, Including Minor Amendments provided by HCD.

AUGUST 17, 2010 DRAFT MINUTES

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

2. Report on Citizens’ Service Committee Appointments.

Motion: M/S Varela/Nateras to extend the deadline for applications for an additional 30 days. The motion carried 5-0.

CONSENT CALENDAR

Council Member Espinoza asked that Warrant No. 70856, part of Item No. 6, be pulled for a separate vote.

Motion: M/S Vierra/Aguilar to approve the consent calendar items with the exception of Warrant No. 70856 for attorney fees. The motion carried 5-0.

Motion: M/S Vierra/Nateras to approve the payment of Warrant No. 70856. The motion carried 4-1, with Council Member Espinoza voting no.

2. Resolution No. 2010-45, Approving the Updated Memorandum of Understanding (MOU) Between the City of Livingston and Merced County Department of Work Force Investment Board for Enterprise Zone Marketing and Program Management Services.

3. Resolution No.2010-46, Amending the City of Livingston Conflict of Interest Code.

4. Approval of Minutes of Meeting Held on May 12, 2010.

5. Approval of Minutes of Meeting Held on June 1, 2010.

6. Approval of Warrant Register Dated August 12, 2010.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Resolution Adopting the Initial Study and Negative Declaration and Approving Site Plan / Design Review 2006-01 for the Foster Farms Rendering Plant Project.

Motion: M/S Nateras/Espinoza to adopt Resolution No. 2010-47, Adopting the Initial Study and Negative Declaration and Approving Site Plan / Design Review 2006-01 for the Foster Farms Rendering Plant Project. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

ABSTAIN: Council Members: Varela

9. (1) Presentation of the City of Livingston Domestic Wastewater Treatment Plant Percolation Ponds Reconfiguration Basis of Design Report, (2) Authorization to Relocate Evaporation Ponds so that Nearest Pond is Over 500 Feet from Merced River, (3) Abandon Approximately 2,000 feet of Poor Quality Pond Levees Along the Merced River, (4) Convert Approximately 19 Acres of Ponds #1 to #6 to a Recreation and Riparian Habitat Area, (5) Authorize the Construction of a new Pond #10 and #3R from Approximately Eight Acres of Ponds #1 to #3, Deepening Them to the Study Layer and the Same Level as Pond #7 and Pond #8 and (6) Authorize Design Phase of the Pond Reconfiguration.

It was the consensus of the Council that this item be continued to the next regular meeting for further discussion and possible action.

10. Resolution of the City Council of the City of Livingston Approving the City of Livingston Budget for Fiscal Year 2010/2011.

Motion: M/S Vierra/Nateras to adopt Resolution No. 2010-48, approving the City of Livingston Budget for the Fiscal Year 2010/2011. The motion carried 3-2 by the following roll call vote:

AYES: Council Members: Nateras, Varela, Vierra

NOES: Council Members: Aguilar, Espinoza

ABSENT: Council Members: None

11. Designate Voting Delegates and Alternates for the League of California Cities Annual Conference.

Motion: M/S Varela/Vierra to appoint Council Member Nateras as the voting delegate and Council Member Espinoza as the alternate for the League of California Cities Annual Conference in San Diego.

SEPTEMBER 21, 2010 DRAFT MINUTES

CONFIRMATION OF CANVASS OF SPECIAL MUNICIPAL ELECTION

1. Resolution of the City Council of the City of Livingston Accepting Certification of the Election Results of the Special Recall Election of August 31, 2010, Reciting the Election Facts, and Directing the City Clerk to Administer Oaths of Office to the Mayor- Elect and Council Member-Elect.

Motion: M/S Varela/Espinoza to adopt Resolution No. 2010-50, a Resolution of the City Council of the City of Livingston Accepting Certification of the Election Results of the Special Recall Election of August 31, 2010, Reciting the Election Facts, and Directing the City Clerk to Administer Oaths of Office to the Mayor-elect and Council Member-elect. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

CITY COUNCIL REORGANIZATION

7. Discuss and Make City Council Appointments to City Boards, Commissions, Committees

Motion: M/S Espinoza/Aguilar to continue the following appointments to City Boards, Commissions and Committees to the next regular meeting. The motion carried 3-0, with Mayor Pro-Tem Vierra absent.

a. Member/Alternate to Merced County Association of Governments (MCAG) Governing Board.

b. Representative/Alternate to Central Valley Division League of California Cities (CVDLCC).

c. Representative/Alternate to Special City Selection Committee of the San Joaquin

Valley Air Pollution Control Board.

d. City Council Liaison to Livingston Planning Commission.

e. City Council Liaison to Livingston Parks and Recreation Commission.

f. City Council Liaison to Livingston Court Theater Committee.

CONSENT CALENDAR

Mayor Espinoza presented the consent calendar agenda for the Council’s consideration and approval:

8. Resolution No. 2010-51, Determining the Bid of Global International, Inc. and Nor-Cal Concrete Non- Responsive and Awarding Construction Contract to A. Teichert & Son, Inc. dba Teichert Construction, Turlock, California, Approving the Expenditure of Construction Funds for the State Legislated Safe Routes to Schools Sidewalk Installation Project (Cycle 8 – Project No. SR2SL-5256(010), and Authorizing the City Manager to Execute a Construction Contract and any Change Orders Thereto with Teichert Construction.

9 Resolution No. 2010-52, Approving Amendment 1 to the Memorandum of Understanding (MOU) Between the City of Livingston and Merced County Workforce Investment Board for Enterprise Zone Marketing and Program Management Services.

10. Approval of Warrant Register Dated September 16, 2010.

Motion: M/S Aguilar/Land to approve the consent calendar agenda as presented. The motion carried 3-0, with Mayor Pro-Tem Vierra absent.

CLOSED SESSION

OPEN SESSION

The Council came out of Closed Session and into Open Session at 8:54 p.m.

CLOSED SESSION ANNOUNCEMENTS

City Attorney Hobbs reported that on the case: Foster Poultry Farms, Inc. v. City of Livingston, et al, California Superior Court, County of Merced, Case No. CV000752., the Council voted 3-0 with 1 absence to dismiss the appeal.

City Attorney Hobbs said he has tendered his resignation effective at 6:00 p.m. on Friday, September 24, 2010.

Mayor Espinoza announced that a Special City Council meeting was scheduled for Friday, September 24, 2010, at 6:00 p.m.

The meeting was adjourned by consensus at 10:56 p.m.

SEPTEMBER 24, 2010 Special Meeting Draft Minutes

Motion: M/S Aguilar/Land to adopt Resolution No. 2010-53, appointing Jose Sanchez as the Interim City Attorney and Adam Lindgren as Special Counsel, and to delete the last bullet point from Exhibit A and leave the contract as is. The motion carried 4-0 by the following roll call vote:

AYES: Council Members: Aguilar, Espinoza, Land, Vierra

NOES: Council Members: None

ABSENT: Council Members: None

Motion: M/S Aguilar/Land to adopt Resolution No. 2010-54, filling the vacancy on the City Council by the appointment of Warren Urnberg. The motion carried 3-1 by the following roll call vote:

AYES: Council Members: Aguilar, Espinoza, Land

NOES: Council Members: Vierra

ABSENT: Council Members: None

Motion: M/S Urnberg/Espinoza calling for the removal of the current Mayor Pro Tempore. The motion carried 5-0.

Motion: M/S Land/Espinoza to adopt Resolution No. 2010-55, selecting Margarita Aguilar as the new Mayor ProTempore. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Aguilar, Espinoza, Land, Urnberg, Vierra

NOES: Council Members: None

ABSENT: Council Members: None

5. Motion: M/S Aguilar/Urnberg to adopt Resolution No. 2010-56, Resolution of the City Council of the City of Livingston Repealing Resolution No. 2009-32 (Resolution of the City Council of the City of Livingston Establishing Water Service Rates). The motion carried 4-1 by the following roll call vote:

AYES: Council Members: Aguilar, Espinoza, Land, Urnberg

NOES: Council Members: Vierra

ABSENT: Council Members: None

Motion: M/S Land/Urnberg to adopt Resolution No. 2010-57, Resolution of the City Council of the City of Livingston Repealing Resolution No. 2009-33 (Resolution of the City Council of the City of Livingston Establishing Domestic Wastewater Service Rates). The motion carried 4-1 by the following roll call vote:

AYES: Council Members: Aguilar, Espinoza, Land, Urnberg

NOES: Council Members: Vierra

ABSENT: Council Members: None

Motion: M/S Land/Aguilar to adopt Resolution No. 2010-58, Resolution of the City Council of the City of Livingston Repealing Resolution No. 2009-15 (Resolution of the City Council of the City of Livingston Establishing Rates for Solid Waste Service Fees). The motion carried 4-1 by the following roll call vote:

AYES: Council Members: Aguilar, Espinoza, Land, Urnberg

NOES: Council Members: Vierra

ABSENT: Council Members: None

Motion: M/S Aguilar/Vierra to approve and enter into a lease agreement with Mr. Benjamin Garcia rental of the City-owned house at 2949 Tehama Drive. The motion carried 5-0.

OCTOBER 6,2010 Special Meeting Draft Minutes

Appointment of Labor Negotiators: Jose M. Sanchez, Interim City Attorney and Adam U. Lindgren, Special Counsel Relating to Employment Agreement with Unrepresented Employee: City Manager.

Motion: M/S Espinoza/Land to appoint Labor Negotiators Jose M. Sanchez and Adam U. Lindgren. The motion carried 4-0 by the following vote:

AYES: Council Members: Aguilar, Espinoza, Land, Urnberg

NOES: Council Members: None

ABSENT: Council Members: Vierra

OCTOBER 28, 2010 Special Meeting Draft Minutes

CLOSED SESSION: (Adjourn to City Hall Conference Room)

The Council went into Closed Session to discuss the following matters:

1. Conference with Labor Negotiators: Jose M. Sanchez, Interim City Attorney

and Adam U. Lindgren, Special Counsel.

Pursuant to Government Code Section 54957.6.

Unrepresented Employee: City Manager.

2. Conference with Legal Counsel – Existing Litigation.

Government Code Section 54956.9(a).

a. Foster Poultry Farms, Inc. v. City of Livingston, et al, California Superior Court, County of Merced, Case No. CV000752.

Interim City Attorney Sanchez stated that there was no reportable action

NOVEMBER 10, 2010 Special Meeting Draft Minutes

CLOSED SESSION ANNOUNCEMENTS

Interim City Attorney Jose Sanchez announced that the City Council and the City Manager had mutually agreed to a City Manager transition. At this point, the City Council is evaluating their options regarding the appointment of a new City Manager. During this process, Assistant City Manager Vickie Lewis will be serving as Acting City Manager.

CONSENT CALENDAR

1. Resolution No. 2010-59, Approving an Application for Land and Water Conservation Fund Assistance for the Livingston Sports Complex Picnic Area Project and Designating the City Manager or a Designee to Act as Agent for the Land and Water Conservation Fund Program (LWCF) Grant Application with the Office of Grants and Local Services of the State of California Department of Parks and Recreation.

2. Reappointment of Marge McFadden to the Merced County Mosquito Abatement District Board of Trustees.

3. Approve Extending Recruitment for Membership on the Livingston Parks and Recreation Commission.

4. Denial of Claim for Damages from Lesa Sanchez.

5. Approval of Warrant Register Dated October 14, 2010.

6. Approval of Warrant Register Dated October 27, 2010.

Motion: M/S Aguilar/Espinoza to approve the consent calendar items. The motion carried 4-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Resolution of the City Council of the City of Livingston Establishing a Voluntary Policy Regarding Attendance at City Council Meetings by Members of the City Council.

Motion: M/S Espinoza/Aguilar to continue this item to the next meeting. The motion carried 4-0.

NOVEMBER 16, 2010 Draft Minutes

CLOSED SESSION ANNOUNCEMENTS

Motion by Council Member Land, seconded by Mayor Pro-Tem Aguilar to adopt Resolution  No. 2010-60, a Resolution of the City Council of the City of Livingston Granting Industrial Disability Retirement to Police Officer Brian Raymond. The motion carried 4-0 by the following roll call vote:

AYES: Council Members: Aguilar, Espinoza, Land, Urnberg

NOES: Council Members: None

ABSENT: Council Members: Vierra

Mayor Espinoza announced that the employee was approved for Industrial Disability Retirement. The decision was set forth in Resolution No. 2010-60.

Motion: M/S Land/Aguilar to adopt Resolution No. 2010-61, as amended, Resolution of the City Council of the City of Livingston Confirming the Canvass by the Merced County Clerk of the Results of the General Municipal Election of November 2, 2010, Held in and for the City of Livingston and Declaring the Results of Said Election. The motion carried 4-0 by the following roll call vote:

AYES: Council Members: Aguilar, Espinoza, Land, Urnberg

NOES: Council Members: None

ABSENT: Council Members: Vierra

CONSENT CALENDAR

Council Member Samra requested a separate vote on Items 8 and 9 as he was not a member of the Council at the time of these meetings.

5. Resolution No. 2010-62, Designating Certain Signatures for City Bank Accounts.

6. Resolution No. 2010-63,Accepting the Improvements at the Parkside Ponding Basin and Well #13 by K. Hovnanian Forecast Homes, Inc. as Part of the Subdivision Improvements for Parkside Estates, Authorizing the Acting City Manager to Release the Performance Bonds and Authorizing the City Clerk to File the Notice of Completion with the Merced County Recorder’s Office.

7. Denial of Claim for Damages from Jessica Billingsley.

8. Approval of Minutes of Meeting Held on August 3, 2010.

9. Approval of Minutes of Meeting Held on September 7, 2010.

10. Approval of Warrant Register Dated November 9, 2010.

Motion: M/S Samra/Land to approve Items 5, 6, 7 and 10. The motion carried 4-0.

Motion: M/S Aguilar/Land to approve Items 8 and 9. The motion carried 3-1 with Council Member Samra abstaining.

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Resolution of the City Council of the City of Livingston Establishing a Voluntary Policy Regarding Attendance at City Council Meetings by Members of the City Council.

Motion: M/S Samra/Espinoza to continue this item. The motion carried 4-0.

12. Resolution of the City Council of the City of Livingston Authorizing Direction for Outside Watering Restrictions Per Title 9, Chapter 5, Section 72 of the City of Livingston Municipal Code.

Motion: M/S Espinoza/Samra to continue this item to the next meeting as a public hearing. The motion carried 4-0

13. Termination of Agreement for Inspection Services – Bureau Veritas.

Motion: M/S Samra/Aguilar to direct staff to come back to the Council at a later date for finalization of the contact. The motion carried 4-0.

4. Presentation of City of Livingston – Independent Auditor’s Report and Financial Statements June 30, 2010, and City of Livingston Local Transportation Act Fund – Independent Auditor’s Report and Financial Statements June 30, 2010.

Motion: M/S Samra/Espinoza to approve the City of Livingston’s Independent Auditor’s Report and Financial Statements for the fiscal year ending June 30, 2010, and the City of Livingston’s Local Transportation Act Fund Independent Auditor’s Report and Financial Statements for the fiscal year ending June 30, 2010. The motion carried 4-0.

REDEVELOPMENT AGENCY MEETING

PRESENTATIONS

1. City of Livingston Redevelopment Agency – Independent Auditor’s Report and Financial

Motion: M/S Samra/Land to approve the City of Livingston Redevelopment Agency Independent Auditor’s Report and Financial Statements for the fiscal year ending June 30, 2010. The motion carried 3-0.

CONSENT CALENDAR

2. Approval of Minutes of Regular Meeting of August 3, 2010.

Motion: M/S Samra/Aguilar to approve the Minutes of the Regular Meeting of August 3, 2010. The motion carried 3-0.

DECEMBER 7, 2010 Draft Meeting Minutes

CLOSED SESSION

1. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

2. Public Employee Performance Evaluation

(Government Code Section 54957)

Title: Acting City Manager

3. Conference with Legal Counsel – Existing Litigation.

Government Code Section 54956.9(a).

a. Foster Poultry Farms, Inc. v. City of Livingston, et al, California Superior Court, County of Merced, Case No. CV000752.

OPEN SESSION

CLOSED SESSION ANNOUNCEMENTS

Mayor Espinoza announced that Item #2 on the Closed Session agenda would be continued to the first meeting in January 2011.

PUBLIC HEARINGS

3. Resolution of the City Council of the City of Livingston Authorizing Implementation of Outside Watering Restrictions Per Title 9, Chapter 5, Section 72, of the City of Livingston Municipal Code.

Mayor Espinoza and Council Member Samra asked that this item be continued

CONSENT CALENDAR

Council member Samra asked that Items #6 and #7 be voted on separately because he was not on the Council at the time.

Motion: M/S Aguilar/Samra to approve Items #4, #5 and #8. The motion carried 4-0.

Motion: M/S Aguilar/Espinoza to approve Items #6 and #7. The motion carried 3-0, with Council Member Samra abstaining.

4. Resolution No. 2010-64, for the Acceptance of the Basketball Courts at Walnut Sports Complex, Authorizing the City Clerk to Record a Notice of Completion with Merced County and Authorizing the Acting City Manager to Release Performance and Materials Bonds and to Make Final Payment of Retention Monies to Hensley’s Paving, Inc.

5. Denial of Claim for Damage from Mao Moua.

6. Approval of Minutes of Meeting Held on August 17, 2010.

7. Approval of Minutes of Meeting Held on September 21, 2010.

8. Approval of Warrant Register Dated December 1, 2010.

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Resolution Approving and Authorizing the Acting City Manager to Execute a Lease Purchase Agreement with Leasing 2, Inc., for a Schwarze A7000 Regenerative Air Street Sweeper.

Motion: M/S Samra/Land to adopt Resolution No. 2010-65, Approving and Authorizing the Acting City Manager to Execute a Lease Purchase Agreement with Leasing 2, Inc., for a Schwarze A7000 Regenerative Air Street Sweeper. The motion carried 4-0 by the following roll call vote:

AYES: Council Members: Aguilar, Espinoza, Land, Samra

NOES: Council Members: None

ABSENT: Council Members: Vierra

10. Resolution Authorizing the Acting City Manager to Prepare and Distribute a Request for Proposals (RFP) to Initiate Water, Wastewater and Solid Waste Rate Studies Pursuant to Proposition 218.

Motion: M/S Aguilar/Espinoza to adopt Resolution No. 2010-66, Authorizing the Acting City Manager to Prepare and Distribute a Request for Proposals (RFP) to Initiate Water, Wastewater and Solid Waste Rate Studies Pursuant to Proposition 218. The motion carried 4-0 by the following roll call vote:

AYES: Council Members: Aguilar, Espinoza, Land, Samra

NOES: Council Members: None

ABSENT: Council Members: Vierra

11. Resolution of the City Council of the City of Livingston Filling the Vacancy in the Office of City Clerk by Appointment.

Mayor Espinoza nominated City Treasurer Antonio “Tony” Silva as City Clerk creating a vacancy for City Treasurer. The motion carried 4-0.

Motion: M/S Espinoza/Land to appoint Antonio “Tony” Silva as City Clerk. The motion carried 4-0 by the following roll call vote:

AYES: Council Members: Aguilar, Espinoza, Land, Samra

NOES: Council Members: None

ABSENT: Council Members: Vierra

12. Resolution of the City Council of the City of Livingston Establishing a Voluntary Policy Regarding Attendance at City Council Meetings by Members of the City Council.

Motion: M/S Espinoza/Land to table this item. The motion carried 3-1, with Mayor Pro-Tem Aguilar voting no.

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