How They Voted in 2011

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 04, 2011

CLOSED SESSION ANNOUNCEMENTS

Mayor Espinoza announced that the Council had given the Acting City Manager a positive evaluation.

CONSENT CALENDAR

Mayor Espinoza presented the consent calendar agenda.

Council Member Samra asked that items 3, 4, 5 and 6 be pulled for a separate vote as he was not a Council Member at that time.

Council Member Vierra said a correction needed to be made on item #3, the Minutes of the meeting held on September 24. It showed that he was present, but the word absent was placed next to the attendance box and needed to be removed.

Motion: M/S Aguilar/Land to approve items 1, 2, 7, 8 and 9 on the consent calendar. The motion carried 5-0.

1. Resolution No. 2011-1, Authorizing the Acting City Manager to Enter into a Contract with Carollo Engineers for Environmental Assessment Work on the Blueberry Crossing Commercial Project.

(STAFF REPORT: Contract: Carollo Eng- Environmental Assmt – Blueberry Crossing

Proposal for Engineering Service to Provide Responses to Comments

RESOLUTION: CAROLLO ENG. for Environmental Assessmt – Blueberry Crossing Commercial)

2. Resolution No. 2011-2, Approving Authorized Staff Signatories to the California Department of Housing and Community Development (HCD) for HOME Investment Partnerships Program Funds.

(STAFF REPORT/RESOLUTION Signatories – HOME Investment Partnerships Program Funds.)

3. Approval of Minutes of Meeting Held on September 24, 2010, as amended.

4. Approval of Minutes of Meeting Held on October 6, 2010.

5. Approval of Minutes of Meeting Held on October 28, 2010.

6. Approval of Minutes of Meeting Held on November 10, 2010.

Motion: M/S Espinoza/Land to approve items 3, 4, 5 and 6 on the consent calendar. The motion carried 4-1 with Council Member Samra abstaining.

7. Approval of Minutes of Meeting Held on December 7, 2010.

8. Approval of Warrant Register Dated December 15, 2010.

9. Approval of Warrant Register Dated December 28, 2010.

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Resolution No. 2011-___, a Resolution of the City Council of the City of Livingston Filling the Vacancy in the Office of City Treasurer by Appointment.

Motion: M/S Land/Espinoza to adopt Resolution No. 2011-3, a Resolution of the City Council of the City of Livingston Filling the Vacancy in the Office of City Treasurer by the appointment of Marge McFadden. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

11. Resolution Authorizing the Acting City Manager to Execute a First Amendment to the Professional Services Agreement with Bureau Veritas North America, Inc. for Continued Contract Staff Support Services.

Motion: M/S Samra/Aguilar to adopt Resolution No. 2011-4, Authorizing the Acting City Manager to Execute a First Amendment to the Professional Services Agreement with Bureau Veritas North America, Inc. for Continued Contract Staff Support Services.

The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

12. City Council Review and Consider a Motion to Amend the Minutes for the City Council Meeting Held on August 17, 2010.

Mayor Espinoza stated he wanted the Minutes changed because he disagreed with the statement. He felt the former city attorney was putting in words for the former mayor. {Note from TheGardeningSnail: Does that mean that Mayor Espinoza does NOT want the record to show that Mayor Varala was NOT involved in Foster Farms Litigation discussions?}

Motion: M/S Espinoza/Aguilar to clean up the Minutes and bring them back at the next meeting. The motion carried 4-1 with Council Member Samra abstaining.

JANUARY 18, 2011

CLOSED SESSION ANNOUNCEMENTS

Mayor Espinoza announced that there was no reportable action.

PUBLIC HEARINGS

None.

CONSENT CALENDAR

Mayor Espinoza presented the consent calendar items.

Council Member Vierra asked that item #1 be pulled for discussion.

1. Resolution for the Acceptance of the Federal Safe Routes to Schools Cycle 2 SRTSL- 5256 (008) Project, 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 Make Final Payment of Retention Monies to JJR Construction, Inc.

STAFF REPORT Resolution for the Acceptance of the Federal Safe Routes to Schools Cycle 2 SRTSL-5256 (008) Project, Release Performance and Materials Bonds and to Make Final Payment

2. Approval of Minutes of Meeting Held on November 16, 2010.

3. Approval of Warrant Register Dated January 7, 2011.

Motion: M/S Samra/Espinoza to approve the consent calendar items. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

4. City Council Provide Staff Direction on Appointments to Livingston Parks and Recreation Commission.

(STAFF REPORT City Council Provide Staff Direction for Appointments to Livingston Parks and Recreation Commission.)

Motion: M/S Vierra/Espinoza to appoint David Blevins, Hector Becerra, Manuel Cota, Joylynn Peterson, Ricardo Soria and Julio Valadez to the Parks and Recreation Commission and authorize staff to advertise for the remaining vacancy. The motion carried 5-0.

5. City Council Provide Staff Direction on Appointments to Livingston Planning Commission.

(STAFF REPORT City Council Provide Staff Direction for Appointments to Livingston Planning Commission.)

Motion: M/S Samra/Aguilar to appoint Harpreet Bains to the Planning Commission. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Motion: M/S Land/Aguilar to appoint Mario Mendoza to the Planning Commission. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

6. City Council Review and Consideration of a Motion to Amend the Minutes for the City Council Meeting Held on August 17, 2010.

(STAFF REPORT City Council Review and Consideration of a Motion to Amend the Minutes for the City Council Meeting Held on August 17, 2010)

Motion: M/S Espinoza/Aguilar to:

1. Select Option #1 and remove the text after the Closed Session items of August 17, 2010, added at the request of the former City Attorney.

2. Correct Ms. Aguilar’s comments under Council Members’ Reports of the August 17, 2010, meeting, to read: “She said since she has been on the Council we haven’t had applicants, so she has asked the City Manager to open up a recruitment for applications.”

The motion carried 4-1, with Council Member Vierra voting no on #1 of the motion.

FEBRUARY 1, 2011

CONSENT CALENDAR

Mayor Espinoza presented the Consent Calendar items for the Council’s consideration.

5. Approval of Minutes of Meeting Held on October 5, 2010.

Motion: M/S Aguilar/Land to approve the Minutes of October 5, 2010. The motion carried 4-1, with Council Member Samra abstaining.

6. Approval of Minutes of Meeting Held on January 18, 2011.

7. Approval of Warrant Register Dated January 26, 2011.

Motion: M/S Aguilar/Land to approve Items #6 and #7. The motion carried 4-1, with Council Member Vierra voting no.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Resolution Assigning New Planning Commissioners to Specific Terms.

Staff Report/Resolution Assigning New Planning Commissioners to Specific Terms.

Motion: M/S Samra/Land to adopt Resolution No. 2011-6, Appointing and Assigning New Planning Commissioners to the following Specific Terms: Harpreet Bains, 2 year term, and Mario Mendoza, 4 year term. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

9. Resolution of the City Council of the City of Livingston Opposing the Administration’s Proposal to Abolish Redevelopment Agencies in California.

Staff Report/Resolution Opposing the Admin’s Proposal to Abolish Redevelopment Agencies in California.

Motion: M/S Vierra/Espinoza to adopt Resolution No. 2011-7, a Resolution of the City Council of the City of Livingston Opposing the Administration’s Proposal to Abolish Redevelopment Agencies in California. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

9. Resolution of the City Council of the City of Livingston Repealing 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.

Staff Report/Resolution Repealing Resolution No. 2010-14 Role, Duties & Responsibilities – City Attorney.

Motion: M/S Samra/Aguilar to adopt Resolution No. 2011-8, a Resolution of the City Council of the City of Livingston Repealing 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 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

10. Resolution of the City Council of the City of Livingston Repealing Resolution No. 2010-15, a Resolution of the City Council of the City of Livingston Providing for Warrant Payment Procedures.

Staff Report/Resolution Repealing Resolution No. 2010-15 – Providing for Warrant Payment Procedures

Motion: M/S Samra/Aguilar to adopt Resolution No. 2011-9, a Resolution of the City Council of the City of Livingston Rescinding 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: Aguilar, Espinoza, Samra

NOES: Council Members: Land, Vierra

ABSENT: Council Members: None

11. Resolution Selecting a Skate Park Location and a Conceptual Design

Staff Report/Resolution Selecting a Skate Park Location and a Conceptual Design

Motion: M/S Aguilar/Vierra to adopt Resolution No. 2011-10, selecting Arakelian Park for the skate park location and Design A for the concept design of the skate park. 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

ABSTAIN: Council Members: Samra

12. Discuss City Council Commitment, Support and Participation in Court Theater Committee.

Mayor Espinoza subsequently appointed Council Member Samra as the liaison to the Court Theater Committee.

FEBRUARY 09, 2011 SPECIAL MEETING Draft Minutes

CLOSED SESSION ANNOUNCEMENTS

Interim City Attorney Jose Sanchez reported that the Acting City Manager complied with Government Code Section 54957 {Note from TheGardeningSnail: This was part of the whole Chief Dunford mess.}

FEBRUARY 15, 2011 Draft Minutes

CHANGES TO THE AGENDA

Motion: M/S Aguilar/Land to continue Item #7 to the regular meeting of March 1, 2011. The motion carried 3-0.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

2. Presentation by the Merced County Association of Governments (MCAG) on the Regional Transportation Impact Fee (RTIF). Regional Transportation Impact Fee Annual Review

Jesse Brown, Executive Director of the Merced County Association of Governments (MCAG) gave a detailed Power Point presentation the Regional Transportation Impact Fee (RTIF).

Further discussion followed. No action was taken by the Council.

CONSENT CALENDAR

Mayor Pro-Tem Aguilar presented the following consent calendar items for the Council’s consideration:

3. Resolution No. 2011-11, Approving Authorized Staff Signatories to the Awarded Grant CBG-09-093 Under the ARRA – Energy Efficiency and Conservation Block Grants Program. Staff Report/Resolution – Energy Efficiency and Conservation Block Grants Program.

4. Resolution No. 2011-12, Designating Certain Signatures for City Bank Accounts.

Staff Report/Resolution Certain Signatures for City Bank Accounts

5. Denial of Claim for Damages from Jason Garcia.

6. Approval of Minutes of Meeting Held on January 4, 2011.

7. Approval of Warrant Register Dated February 9, 2011.

Motion: M/S Samra/Land to approve the consent calendar items. The motion carried 3-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. City Council Adoption of a Resolution Naming City Parks and Approving a Sign Location for the Park at Parkside.Staff Report/Resolution Naming City Parks and Approving a Sign Location for the Park at Parkside.

The Council continued this item to the regular meeting of March 1, 2011.

9. Discussion and Possible Action Regarding Formation of a Stake Holders’ Committee to Participate in the City of Livingston’s Water Utility Rate Study.

February 15, 2011 Discussion: Utility Rate Stakeholders Committee

Motion: M/S Aguilar/Samra to direct staff to advertise for Stake Holders’ Committee members. The motion carried 3-0.

March 1, 2011 Draft Minutes

CONSENT CALENDAR

4. Resolution No. 2011-13, Authorizing the City of Livingston to Apply for Congestion Mitigation and Air Quality (CMAQ) Funding and Approving Local Match Allocation.

5. Approval of Minutes of Meeting Held on February 1, 2011.

6. Approval of Warrant Register Dated February 24, 2011.

Motion: M/S Samra/Aguilar to approve the consent calendar items with the amendment to the Minutes of February 1, 2011, as previously noted. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Appointment to Livingston Parks and Recreation Commission.

 Staff Report: Appointment to Livingston Parks and Recreation Commission.

Motion: M/S Samra/Land to appoint Oscar Jimenez Trejo as a member of the Livingston Parks and Recreation Commission bringing the total membership to the required seven members.

8. Resolution of the City Council of the City of Livingston Appointing City Attorney and Approving Legal Services Agreement with the Law Firm of Meyers, Nave, Riback, Silver &Wilson..

Motion: M/S Samra/Espinoza to adopt Resolution No. 2011-14, a Resolution of the City Council of the City of Livingston Appointing City Attorney and Approving Legal Services Agreement with the Law Firm of Meyers, Nave, Riback, Silver &Wilson.

The motion carried 4-1 by the following roll call vote:AYES: Council Members: Aguilar, Espinoza, Land, Samra

NOES: Council Members: Vierra

ABSENT: Council Members: None

9. Resolution of the City Council of the City of Livingston Appointing Victoria Lewis as Interim City Manager and Approving an Addendum to the Employment Agreement between the City of Livingston and Victoria Lewis.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2011-15, a Resolution of the City Council of the City of Livingston Appointing Victoria Lewis as Interim City Manager and Approving an Addendum to the Employment Agreement between the City of Livingston and Victoria Lewis. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

10. Provide Direction to Staff Concerning Draft Ordinance No. ___, an Ordinance of the City Council of the City of Livingston Adding Title 2 (Government Organization) Chapter 6 (Livingston 4th of July Committee) to the Livingston Municipal Code Relating to the Organization, Duties and Responsibilities of the Livingston 4th of July Committee.

Motion: M/S Samra/Espinoza to table the ordinance to a future date and plan this year’s event as was done in 2009.

The motion carried 4-1 with Council Member Vierra voting no.

11. City Council Adoption of a Resolution Naming City Parks and Approving a Sign Location for the Park at Parkside.

Motion: M/S Espinoza/Aguilar to adopt Resolution No. 2011-16, a Resolution of the City Council of the City of Livingston Naming City Parks and Approving a Sign Location for the Park at Parkside. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

For clarification the parks would be named as follows:

Country Lane 2 (Kishi) Park: Donald Meyer Park

Livingston/Walnut Sports Complex Park: Max Foster Sports Complex

Parkside Park: Joseph Gallo Park

Peach Avenue Park: Singh Park

Somerset 1 Park: Frederick Worden Park

The sign location was approved per the exhibit to the Resolution.

12. Review and Discuss the Proposals Submitted by Consultants to Provide Water, Wastewater and Solid Waste Rate Studies, Community Outreach and Proposition 218 Balloting Services, Adopt a Resolution to Award a Professional Services Contract to the Selected Consultant and Authorize the Acting City Manager to Execute the Agreement.

The agenda item was presented by City Engineer Nanda Gottiparthy

Motion: M/S Samra/Espinoza to adopt Resolution No. 2011-17, a Resolution of the City Council of the City of Livingston Awarding a Professional Services Contract to Provide Water, Wastewater and Solid Waste Rate Studies, Community Outreach and Proposition 18 Balloting Services to Bartle Wells Associates, Inc. of Berkeley, California and Authorizing the Acting City Manager to Execute the Agreement. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

Interim City Attorney Sanchez recommended that a signature line stating Approved as to Form by the City Attorney be added to the agreement.

MARCH 15, 2011 Draft Minutes

CLOSED SESSION ANNOUNCEMENTS

The Council approved the brochure for the recruitment of a City Manager with Avery and Associates.

CHANGES TO THE AGENDA

None.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of Plaque to Marine Sergeant Benito Armenta Aguilar.

PUBLIC HEARINGS

2. Review Title 4, Chapter 2, Signage Regulations of the Livingston Municipal Code and Provide Staff Direction.

City Attorney Sanchez commented that staff had received direction to return this item to the Planning Commission.

CONSENT CALENDAR

3. Resolution No. 2011-18, Authorizing the Interim City Manager to Enter into an Agreement Between the City of Livingston and the Livingston Union School District for the Installation of the Video Surveillance Systems as Funded by the United States Department of Justice under the 2009 COPS Secure Our Schools Grant Program.

4. Resolution No. 2011-19, Authorizing the Interim City Manager to Prepare and Distribute a Request for Proposals for Grant Services Related to the Housing Components of the HOME Investment Partnership Program (HOME), the State Community Development Block Grant (CDBG) Program, and the CalHOME Housing Rehabilitation Program.

5. Resolution No. 2011-20, Appointing Parks and Recreation Commissioners.

6. Approval of Minutes of Meeting Held on February 9, 2011.

7. Approval of Minutes of Meeting Held on February 15, 2011.Approval of Warrant Register Dated March 9, 2011.

Motion: M/S Aguilar/Samra to approve the consent calendar items as presented. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

8. City Council Review and Provide Staff Direction on Livingston Municipal Code Title 5, Chapter 3, Table 3, Footnote 1, Concerning Alcohol by the Glass in the Downtown Commercial District (DTC). 

It was the consensus of the Council that this item be sent to the Planning Commission for review.

ADJOURNMENT

APRIL 05, 2011 Draft Minutes

MEETING MINUTES

CLOSED SESSION ANNOUNCEMENTS

It was reported that the City had reached agreement with Foster Farms. Foster Farms decided to drop their law suit against the City. They have dismissed the complaint without prejudice. Additionally it was reported there is no financial settlement in the agreement.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of Proclamation – National Library Week, April 10-16, 2011.

2. Presentation of Proclamation – Week of the Young Child April 8-16, 2011.

3. Presentation of Five-Year Service Pin to Police Corporal Daihn Villarreal.

4. Presentation of Plaque to Former Police Lieutenant Sharon Silva.

5. Presentation – “GIS and the City of Livingston” – Rich Green, GIS Program

6. Departmental Presentation: Community Development Director Donna Kenney.

CONSENT CALENDAR

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

7. Resolution No. 2011-21, Approving the Merced County Association of Governments (MCAG) Work Program and Budget for Fiscal Year 2011/2012.

8. Resolution No. 2011-22, for the Acceptance of the “B” Street Pavement Rehabilitation Project, Authorizing the City Clerk to Record a Notice of Completion with Merced County and Authorizing the Interim City Manager to Release Performance and Material Bonds and to Make Final Payment of Retention Monies to Teichert Construction Company.

9. Denial of Claim for Damages from Bonnie Farley.

10. Resolution No. 2011-23, Approving Livingston Municipal Code Title 5, Chapter 3, Table 3, Footnote 1, Resolution of Intent Concerning Alcohol by the Glass in the Downtown Commercial District (DTC).

11. Approval of Minutes of Meeting Held on March 1, 2011.

12. Approval of Warrant Register Dated March 30, 2011.

Council Member Vierra asked that item #10 be pulled for discussion

Motion: M/S Samra/Espinoza to approve items 7,8,9,11,and 12. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Council Member Vierra pulled item #10 for discussion. Clarification was provided.

Motion: M/S Samra/Land to approve item #10. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

13. City Council to Provide Staff Direction Concerning Livingston’s Proposed Participation in Merced County Association of Governments (MCAG) Service Studies.

Staff/Report – Proposed Participation in Merced County Association of Governments (MCAG) Service Studies

Motion: M/S Samra/Aguilar to adopt Resolution No. 2011-24, approving participation in Merced County Association of Governments (MCAG) Service Studies. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

14. City Council to Provide Staff Direction for Appointments to the Utility Rates Stakeholders Committee.

Staff Report/Resolution – Direction for Appointments to the Utility Rates Stakeholders Committee.

April 05, 2011: Discussion of Utility Rate Stakeholder Committee Member Appointments {Yep! This is a Word-For-Word (pretty much) transcription of what took place}

Motion: M/S Aguilar/Samra to adopt Resolution No. 2011-25, appointing the representatives from the three sectors and Claire Gerhman and Warren Urnberg to the committee and continue to recruit for representation from the commercial side. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Ms. Lewis asked for clarification on how long before this item is to be brought back to the Council. Council Member Samra stated it should return to the Council the first meeting of May.

15. Review Administrative Appeal 2011-01 and Provide Staff Direction Concerning Farming within City Limits.

Review Administrative Appeal 2011-01 and Provide Staff Direction Concerning Farming within City Limits.

Motion: M/S Espinoza/Vierra to deny the appeal and find that removing the prior peach orchard terminated the legal nonconforming agricultural use. And consider initiating a zoning ordinance amendment to expand allowed agricultural uses in the City.  The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Land

ABSENT: Council Members: None

The Mayor directed staff to take this item back to the Planning Commission

ADJOURNMENT

APRIL 05, 2011 Special Meeting Draft Minutes

Topic: Public Employee Appointment, (Government Code Section 54957), Title: City Manager

Results: No Reportable Action

APRIL 19, 2011 Draft Minutes

CHANGES TO THE AGENDA

Council Member Gurpal Samra requested that item #2 be pulled for a separate discussion.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation – Arakelian Park Facilities Upgrade Project – Jasmin Bains, Senior Accountant and Nanda Gottiparthy, City Engineer.

ANNOUNCEMENTS AND REPORTS

City Council Members’ Announcements and Reports.

Council Member Vierra asked about the status of the study that had been done on well 15.

Kathryn Reyes stated that the report has been received and Council was provided copies. The City is currently in the review process. She also noted that the information will be tied into the rate studies

Council Member Vierra asked how long the review process is expected to take.

Interim City Manager Lewis reported the study will be worked on and discussed by the stakeholders committee.  he noted that the budget process, and information on capital is also information that will be required.

Council Member Samra also noted that he is aware that there is additional information required from Merced Irrigation District.

Ms. Reyes reported that the City is collecting as much information as possible to provide the most accurate data before the stakeholders committee. She noted this will require fact gathering and to ensure accuracy. All of this data will tie together when the rate study is being done and the goal is to provide thorough information.

Interim City Manager Lewis reported that the last recruitment for stakeholders representing commercial, is set to close on April 30. It is expected that the Council will appoint on them on May 3.

CONSENT CALENDAR

2. Approve Resolution of Intent Concerning Agriculture Within City Limits, Livingston Municipal Code (LMC) 5-2-3 (1), Commercial Use Classifications, Agriculture.

Staff Report/Resolution Approve Resolution of Intent Concerning Agriculture Within City Limits

City Attorney Jose Sanchez recapped the item before the Council. He noted this was a resolution of intent to amend the zoning code. If approved by Council, this will get referred back to the Planning Commission and then be returned to the Council.

Motion: M/S Vierra/Aguilar to adopt Resolution No. 20114-26, Concerning Agriculture Within City Limits, Livingston Municipal Code (LMC) 5-2-3 (1), Commercial Use Classifications, Agriculture. The motion carried 4-0 and one abstention by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

ABSTAIN: Council Members: Samra

3. Approval of Minutes of Meeting Held on March 15, 2011.

4. Approval of Warrant Register Dated April 13, 2011.

Motion: M/S Aguilar/Samra to approve items 3 and 4. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

5. Resolution in Support of Merced Irrigation District’s New Exchequer Dam Spillway Modification and Increased Water Storage Project.

Staff Report/Resolution Resolution in Support of Merced Irrigation District’s New Exchequer Dam Spillway Modification and Increased Water Storage Project

Motion: M/S Samra/Vierra to adopt Resolution No. 2011-27, in Support of Merced Irrigation District’s New Exchequer Dam Spillway Modification and Increased Water Storage Project. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

6. Resolution Approving a Reimbursement Agreement with the Merced Union High School District for Removal and Replacement of the Transite Water Pipeline on Peach Avenue and Authorizing the Interim City Manager to Execute the Reimbursement Agreement.

Staff Report/Resolution Reimbursement Agreement with the Merced Union High School District for Removal and Replacement of the Transite Water Pipeline on Peach Avenue

Motion: M/S Vierra/Land to adopt Resolution No. 20114-28, Approving a Reimbursement Agreement with the Merced Union High School District for Removal and Replacement of the Transite Water Pipeline on Peach Avenue and Authorizing the Interim City Manager to Execute the Reimbursement Agreement. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

7. Resolution Accepting the Proposal Submitted by Self-Help Enterprises to Provide Grant Services Related to the Housing Components of the Home Investment Partnership Program (HOME), the State Community Development Block Grant (CDBG) Program and CalHOME Housing Rehabilitation Program, Awarding a Professional Services Contract to Self-Help Enterprises and Authorizing the Interim City Manager to Execute an Agreement for Professional Services.

Staff Report/Resolution – Accepting the Proposal Submitted by Self-Help Enterprises to Provide Grant Services Related to the Housing Components

Motion: M/S Land/Vierra to adopt Resolution No. 2011-29, Accepting the Proposal Submitted by Self-Help Enterprises to Provide Grant Services Related to the Housing Components of the Home Investment Partnership Program (HOME), the State Community Development Block Grant (CDBG) Program and CalHOME Housing Rehabilitation Program, Awarding a Professional Services Contract to Self-Help Enterprises and Authorizing the Interim City Manager to Execute an Agreement for Professional Services. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

8. Resolution Approving Contract Amendment No. 4 for PMC to Complete the Environmental Analysis of the Domestic Waste Water Treatment Plant and Authorizing the Interim City Manager to Sign the Amendment.

Staff Report/Resolution Approving Contract Amendment No. 4 for PMC to Complete the Environmental Analysis of the Domestic Waste Water Treatment Plant

City Attorney Sanchez requested the Council consider continuing this item to the next meeting. He stated that more detail needs to be provided.

Motion: M/S Aguilar/Land to continue this item to the next meeting. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

9. Resolution Providing Staff Direction: Authorize the Interim City Manager to Enter into an Agreement with WC³ for Contract Support Services or Direct Staff to Distribute Requests for Proposals (RFPs) for Contract Staff Support Services.

Staff Report/Resolution – Enter into an Agreement with WC3 for Contract Staff Support Services or Direct Staff to Distribute Requests For Proposals (RFPs) for Contract Staff Support Services.

Council Member Vierra noted that the Permit Technician has been here for a long time and this is something the Council needs to take into consideration when looking at this issue.

Motion: M/S Aguilar/Land to Direct Staff to Distribute Requests for Proposals (RFPs) for Contract Staff Support Services. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

10. City Council to Provide Staff Direction for the Livingston Senior Citizens Center Lease Renewal.

Staff Report – City Council to Provide Staff Direction for the Livingston Senior Citizens Center Lease Renewal

Motion: M/S Espinoza/Land to bring this item back to the Council with additional options. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

ADJOURNMENT

 

MAY 3, 2011 Draft Minutes

CLOSED SESSION ANNOUNCEMENTS

City Attorney Jose Sanchez reported that 37 applications for City Manager position have been received and the Council will be reviewing them and taking them into consideration.

CHANGES TO THE AGENDA

None

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

  1. Presentation on Supervisorial Redistricting by Jim Brown, Assistant Chief Executive Officer for Merced County.

PUBLIC HEARINGS

2. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Modifying Title 5, Chapter 3, and Table 3, of the Livingston Municipal Code Concerning Alcohol by the Glass in the Downtown Commercial District (DTC) as Recommended by the Planning Commission.

Staff Report and Asst. Attachments: Livingston Municipal Code Concerning Alcohol by the Glass in the Downtown Commercial District (DTC) as Recommended by the Planning Commission.

City Attorney Jose Sanchez noted that he wanted the footnote read into the record. It is as follows: “All retail establishments serving alcoholic beverages for consumption on premises within the Downtown Commercial District (DTC) shall be located no closer than two City blocks between similar establishments. Two City blocks for purposes of this Title shall consist of 1,000 feet measured in all directions from an existing retail establishment serving alcoholic beverages for consumption on premises.” Mr. Sanchez reiterated that this decision by the council does not have to do with any specific business, it is an amendment to the zoning code.

Motion: M/S Espinoza/Samra to bring this item back after Planning Commission makes recommendation. The motion failed 2-3 by the following roll call vote:

AYES: Council Members: Espinoza, Samra

NOES: Council Members: Aguilar, Land, Vierra

ABSENT: Council Members: None

Motion: M/S Aguilar/Land to deny the recommendation by the Planning Commission. The motion carried 3-2 by the following roll call vote:

AYES: Council Members: Aguilar, Land, Vierra

NOES: Council Members: Espinoza, Samra

ABSENT: Council Members: None

CONSENT CALENDAR

3. Denial of Claim for Damages from Bonnie Farley.

4. Approval of Minutes of Meetings Held on April 5, 2011 (2).

5. Approval of Minutes of Meeting Held on April 19, 2011.

6. Approval of Warrant Register Dated April 27, 2011.

Motion: M/S Samra/Espinoza to approve items on the Consent Calendar. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Resolution of Intent to Amend Livingston Municipal Code (LMC) Title 5, Chapter 3, Building Structure Setback Requirements; to Amend LMC Title 5, Chapter 3, Table 12, Permit Requirements for Wireless Communication Facilities; LMC Title 5, Section 5-6-9, Subsection F, and LMC Title 5, Section 5-6-10, Subsection D, and other Title 5 Sections Dealing with Appeal Hearings.

Staff Report/Resolution of Intnt – Amend Livingston Municipal Code: Building Structure Setback Requirements;Permit Requirements for Wireless Communication Facilities; And Sections Dealing with Appeal Hearings.

Motion: M/S Samra/Espinoza to approve Resolution of Intent 2011-30 Amending Livingston Municipal Code (LMC) Title 5, Chapter 3, Building Structure Setback Requirements; to Amend LMC Title 5, Chapter 3, Table 12, Permit Requirements for Wireless Communication Facilities; LMC Title 5, Section 5-6-9, Subsection F, and LMC Title 5, Section 5-6-10, Subsection D, and other Title 5 Sections Dealing with Appeal Hearings. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

8. Resolution Approving Amendment No. 1 Extending the Consultant Agreement Between the City of Livingston and SNG & Associates, Inc. to Continue to Provide Contract Engineering Staff Support Services, and Authorizing the Interim City Manager to Execute the Agreement.

Staff Report/Resolution Approving Amendment No. 1 Extending the Consultant Agreement Between the City of Livingston and SNG & Associates, Inc. to Continue to Provide Contract Engineering Staff Support Services

Motion: M/S Samra/Vierra Approving Resolution 2011-31 Amendment No. 1 Extending the Consultant Agreement Between the City of Livingston and SNG & Associates, Inc. to Continue to Provide Contract Engineering Staff Support Services, and Authorizing the Interim City Manager to Execute the Agreement. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

9. City Council to Provide Staff Direction for Appointments to the Utility Rates Stakeholders Committee.

Staff Direction for Appointments to the Utility Rates Stakeholders Committee.

Motion: M/S Aguilar/Samra Appointing Albert Arias to the Utility Rates Stakeholders Committee. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

10. Continuation of Closed Session if Necessary.
It was determined that continuation of closed session was not necessary.

ADJOURNMENT

MAY 16, 2011 Special Meeting Draft Minutes

CLOSED SESSION

1. Public Employee Appointment, (Government Code Section 54957), Title: City Manager

CLOSED SESSION ANNOUNCEMENTS : There was no reportable action.

 

MAY 17, 2011 Draft Minutes

CHANGES TO THE AGENDA

Interim City Manager Vickie Lewis asked that Item 9 be moved to the next agenda to allow staff time to gather additional information.

Motion: M/S Samra/Vierra to move Item 9 to the next meeting. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

4. Resolution No. 2011-33, Authorizing the Submission of the 2011 Secure Our Schools Grant Application to the United States Department of Justice Office of Community Oriented Policing Services and Authorizing the Interim City Manager to Enter into a Related Agreement with the Merced Union High School District.

Staff Report/Resolution Authorizing the Submission of the 2011 Secure Our Schools Grant Application

5. Resolution No. 2011-34, Authorizing the Submission of the 2011 COPS Hiring Grant Program Application to the United States Department of Justice Office of Community Oriented Policing Services.

Staff Report/Resolution Authorizing the Submission of the 2011 COPS Hiring Grant Program Application

6. Resolution No. 2011-35, of the City Council of the City of Livingston in Support of the Court Theater Renovation Project.

Staff Report/Resolution of the City Council of the City of Livingston in Support of the Court Theater Renovation Project.

7. Approval of Minutes of Meeting Held on May 3, 2011.

8. Approval of Warrant Register Dated May 11, 2011.

Motion: M/S Samra/Aguilar to approve Items 4, 5, 7 and 8, with the corrections to item 7. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Mayor Espinoza opened Item #6 for public comment at 8:13 p.m.

There was lengthy discussion on the grants already received for projects related to the theater, cost of clean up, cost of demolition, etc.

City Attorney Sanchez stated that he had not yet given a legal opinion on the status of the committee. He said there were still a lot of unanswered questions as to the origination of the committee and documentation as to such.

Interim City Manager Lewis stated that staff pulled documents and tried to determine if this committee was actually ever formed. She indicated the best that could be determined was that the Council did meet on the matter; however it was never brought back to the Council for action. Although the City Manager at the time, Mark Melville sent out letters to the committee notifying them that they were a City committee, there were steps that were omitted and there was nothing ever put into the municipal code.

Council Member Samra stated the intent of this resolution was to give moral support. In addition, Mr. Samra stated that the Council needed to make a decision on what to do with the project and not place the blame on the committee. He suggested that if the Council’s desire was to eliminate the project, then they should deny the resolution and bring back the project for a decision on what to do with the building.

Motion: M/S Land/Aguilar to deny approval of a Resolution of the City Council of the City of Livingston in Support of the Court Theater Renovation Project. The motion failed 2-3 by the following roll call vote:

AYES: Council Members: Aguilar, Land

NOES: Council Members: Espinoza, Samra, Vierra

ABSENT: Council Members: None

Motion: M/S Samra/Vierra to approve Resolution No. 2011-35, a Resolution of the City Council of the City of Livingston in Support of the Court Theater Renovation Project. The motion carried 3-2 by the following roll call vote:

AYES: Council Members: Espinoza, Samra, Vierra

NOES: Council Members: Aguilar, Land

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

9. 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.

Staff Report/Resolution Awarding Construction Contract to Shannon Pump Company, Merced, California

This item was pulled from the agenda and continued to the next regular meeting.

10. 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).

 Staff Report/Resolution of Intent to Amend Livingston Municipal Code ,Vehicle Sales, Vehicle Sales Overlay District (VEI3), Table 3 – Land Use – Commercial Zoning, Vehicle Sales, Footnote D and LMC 5-6-2 Amendments and Rezoning (and the renumbering of subsequent lines).

Motion: M/S Samra/no second to the motion to approve a 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). The motion failed for lack of a second.

City Attorney Sanchez noted that part of the Resolution of Intent also addressed the flow of resolutions to change the code. It was noted that Council might want to streamline the process and a Resolution of Intent might be able to accomplish that.

Motion: M/S Vierra/Aguilar to deny the 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) and asking the City Attorney to make changes and bring the item back. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Espinoza

ABSENT: Council Members: None

11. Provide Staff Direction – Adoption of a Resolution Authorizing the Interim City Manager to Enter into an Agreement for Contract Staff Support Services with West Coast Code Consultants (“WC³”) or Interwest Consulting Group (“Interwest”).

Staff Report/Resolution – for Contract Staff Support Services with West Coast Code Consultants ("WC3") or Interwest Consulting Group ("Interwest").

Mayor Pro-Tem Aguilar also noted that she was concerned about the statement in the RFP regarding retaining current staff. In addition, Ms. Aguilar indicated that staff was not directed to add this to the RFP. 

City Attorney Sanchez recommended that if the Council wished to enter into a short term contact, that the agreement be amended to reflect month to month..

Motion: M/S Aguilar/Samra to adopt Resolution No. 2011-36, Authorizing the Interim City Manager to Enter into an Agreement for Contract Staff Support Services with West Coast Code Consultants (“WC³”) or Interwest Consulting Group (“Interwest”) amending the to term of the contract to month to month and direct staff to resubmit the RFP for thirty days. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

ADJOURNMENT

MAY 18, 2011 Special Meeting Draft Minutes

DISCUSSION AND POTENTIAL ACTION ITEMS

1. Appointment of Labor Negotiator: City Attorney Jose M. Sanchez.: Unrepresented Employee: City Manager.

Motion: M/S Samra/Aguilar to appoint City Attorney Jose M. Sanchez as the Labor Negotiator in the hiring of a new City Manager. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CLOSED SESSION

The Council subsequently adjourned to the City Hall Conference Room for Closed Session to discuss the following matters:

2. Public Employee Appointment, (Government Code Section 54957), Title: City Manager

3. Conference with Labor Negotiator: City Attorney Jose M. Sanchez, Unrepresented Employee: City Manager, (Government Code Section 54957.6):

{Note from TheGardeningSnail: This did not have to do with hiring a new City Manager, but negotiating severance with the old City Manager}

CLOSED SESSION ANNOUNCEMENTS : There were no Closed Session announcements.

MAY 25, 2011 Special Meeting Draft Minutes

DISCUSSION AND POTENTIAL ACTION ITEMS

1. Resolution of the City Council of the City of Livingston Approving the Form of and Authorizing the Execution of a Memorandum of Understanding and Authorizing Participation in the Special District Risk Management Authority’s Medical Benefits Program.

Staff Report/Resolution Etc. Authorizing the Execution of a Memorandum of Understanding and Authorizing Participation in the Special District Risk Management

Interim City Manager Lewis presented the item. Ms. Lewis wanted to point out this proposal was strictly for consideration and had nothing to do with labor negotiations. She reported the City has been concerned with the rising costs of insurance and felt this option would help in reducing costs to the City. Ms. Lewis reported that Council Member Samra recommended the City become involved in the Joint Powers Authority (JPA). She explained how the JPA worked..

Chuck Trogdon and Jon Renberg provided a presentation of the proposed insurance plan. They explained how the plan works and how rates were calculated. In addition they provided an explanation of the program and savings through the Health Reimbursement Agreement.

Motion: M/S Samra/Vierra to adopt Resolution 2011- 37, a Resolution of the City Council of the City of Livingston Approving the Form of and Authorizing the Execution of a Memorandum of Understanding and Authorizing Participation in the Special District Risk Management Authority’s Medical Benefits Program. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Aguilar

ADJOURNMENT

JUNE 07, 2011 Draft Minutes

CHANGES TO THE AGENDA

City Attorney Jose Sanchez asked that Item No. 5 of the Consent Calendar be continued to the next regular meeting to allow staff time to provide further information. In addition, it was noted that Mayor Espinoza was not eligible to vote on Item No.13 of the consent calendar due to a conflict of interest and Mr. Sanchez recommended a separate vote for that item.

Motion: M/S Samra/Aguilar to move Item No. 5 to the next meeting and to pull Item No. 13 for a separate vote. The motion carried 5-0.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation on Supervisorial Redistricting by Jim Brown, Assistant Chief Executive Officer for Merced County.

City Council Members’ Announcements and Reports.

Council Member Frank Vierra expressed concern that the Utility Stakeholders Committee meeting was not posted, nor were the remaining Council Members notified. Council Member Samra stated the meeting was just for distribution of materials to the members and that future meetings would be posted. Mayor Pro-Tem Aguilar reiterated that the meeting was only to provide materials to Committee members.

June 07, 2011 Discussion of Utility Rate Committee Meeting

PUBLIC HEARINGS

2. Introduce and Waive the First Reading of Ordinance ______of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-6-5 (C), Nonconforming Uses of Land.

Staff Report, Resolution, Amending Livingston Municipal Code (LMC) 5-6-5 (C), Nonconforming Uses of Land, Concerning Nonconforming Agricultural Uses

Motion: M/S Espinoza/Samra to Introduce and Waive the First Reading of Ordinance No. 590 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-6-5 (C), Nonconforming Uses of Land. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None 

CONSENT CALENDAR

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 (Resolution No. 2011-38).

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 (Resolution No. 2011-39).

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.

This item was continued to the next regular 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.

Staff Report/Resolution: Amendment 2 to the (MOU) City of Livingston and Merced County Workforce Investment Board of Enterprise Zone Marketing and Program Management Services.

This item was pulled for discussion.

7. Approve Resolution of Intent No. 2011-40 to Amend, Repeal, or Replace Sections to Clarify Livingston Municipal Code (LMC) 5-6-2 Concerning Amendments and Rezonings.

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

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.

Motion: M/S Samra/Aguilar to approve items 3, 4, 7, 8, 9, 10, 11 and 12 on the consent calendar. The motion carried 5-0.

Motion: M/S Aguilar/Samra to continue Item 6 to the next regular meeting. The motion carried 5-0.

Motion: M/S Vierra/Land to approve Item 13 on the consent calendar. The motion carried 4-1. Mayor Espinoza recused himself due to a conflict of interest.

DISCUSSION AND POTENTIAL ACTION ITEMS

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

Provide Staff Direction for Appointment to the Planning Commission

Motion: M/S Samra/Land to adopt Resolution 2011-41 appointing Francisco Castellanos to the Planning Commission. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

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

Provide Staff Direction for Vacancy on the Parks and Recreation Commission.

The City Council directed staff to process the standard recruitment notice for thirty days.

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

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

Motion: M/S Samra/Vierra to approve designation of equipment/property as surplus and authorize staff to dispose of the property appropriately. The motion carried 5-0.

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

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

The Council directed staff to proceed with extending the Street Fair for one additional month.

ADJOURNMENT

JUNE 10, 2011 Special Meeting Draft Minutes

CLOSED SESSION

1. Public Employee Appointment, (Government Code Section 54957), Title: City Manager

2. Conference with Labor Negotiator: City Attorney Jose M. Sanchez, Unrepresented Employee: City Manager, (Government Code Section 54957.6)

CLOSED SESSION ANNOUNCEMENTS

There was no reportable action taken. Council Member Samra was present during the entire Closed Session, but did not return to the City Council Chambers for the Closed Session announcements and meeting adjournment. His absence was excused.

JUNE 15, 2011 Special Meeting Draft Minutes

CLOSED SESSION

1. Public Employee Appointment, (Government Code Section 54957), Title: City Manager

2. Conference with Labor Negotiator: City Attorney Jose M. Sanchez, Unrepresented Employee: City Manager, (Government Code Section 54957.6)

CLOSED SESSION ANNOUNCEMENTS

Council Member Samra reported on behalf of Mayor Espinoza. Mayor Espinoza was present during the entire Closed Session, but did not return to the City Council Chambers for the Closed Session announcements and meeting adjournment. His absence was excused. There was no reportable action taken.

{Note from TheGardeningSnail: I was at that meeting and can state that Council Member Samra announced the upcoming Friday Special City Council Meeting, which would take begin at 4:30. He also hinted that if everything went according to plan, there would be some kind of announcement.}

JUNE 17, 2011 Draft Meeting Minutes

CLOSED SESSION

1. Public Employee Appointment, (Government Code Section 54957), Title: City Manager

2. Conference with Labor Negotiator: City Attorney Jose M. Sanchez, Unrepresented Employee: City Manager, (Government Code Section 54957.6)

CLOSED SESSION ANNOUNCEMENTS

Mayor Espinoza reported that the City Manager recruitment had come to an end. The majority of the City Council had decided to appoint Jose Antonio Ramirez as the next City Manager of the City of Livingston. The vote was 4-1, with City Council Member Vierra voting “No.” Mayor Espinoza noted that Mr. Ramirez’s employment was contingent upon approval and execution of an employment agreement which would be considered under Discussion and Potential Action items.

DISCUSSION AND POTENTIAL ACTION ITEMS

3. Agreement for Employment of City Manager. The City Council will consider approval of an Agreement for the Employment and Appointment of the City Manager.

Staff Report on City Manager Appointment/Contract

Motion: M/S Land/Aguilar to approve the Agreement for Employment and Appointment of Jose Antonio Ramirez as the City Manager and authorize the Mayor to execute the agreement. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None.

 JUNE 21, 2011 Draft Minutes

Changes to the Agenda

City Attorney Jose Sanchez asked that Item Number 1 on the consent calendar be continued to the next meeting. Mr. Sanchez also noted that Item Number 2 on the consent calendar needed to be moved from the agenda as City Council Member Samra had a conflict and would not be able to vote on the item so there would not be a quorum. Mr. Sanchez stated that a special meeting would need to be held to comply with the timeline of this item.

City Council Member Vierra requested that Item Number 1 be placed on the regular agenda and not the consent agenda. Additionally, Council Member Vierra confirmed the special meeting would be held on Thursday, June 23rd at 4:00 p.m.

CONSENT CALENDAR

1. Waive the Second Reading and Adopt Ordinance No. 590 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-6-5 (C), Nonconforming Uses of Land, Concerning Nonconforming Agriculture Uses.

Staff Report/Resolution (Second Reading) Amending Livingston Municipal Code (LMC) 5-6-5 (C), Nonconforming Uses of Land, Concerning Nonconforming Agriculture Uses.

Continued to next Regular Meeting.

2. 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 Prop 84/Statewide Park Development and Community Revitalization Grant to Support Recreational Additions to Arakelian Park.

Staff Report/Resolution Approving Submittal of a Grant Application…for a Prop 84/Statewide Park Development and Community Revitalization Grant to Support Recreational Additions to Arakelian Park.

Pulled from agenda.

3. Approval of Minutes of Meeting Held on June 7, 2011.

4. Approval of Minutes of Meeting Held on June 10, 2011.

5. Approval of Minutes of Meeting Held on June 15, 2011.

6. Warrant Register Dated June 15, 2011.

7. Warrant Register Dated June 15, 2011 (Direct Towing).

City Council Member Vierra asked to have Check Number 72830 on Item Number 6 pulled for discussion. City Council Member Vierra asked about the repair of the Police Department gate.

Motion: M/S Samra/Vierra to approve the Consent Agenda Items 3, 4, 5, 6, and 7. The motion carried 3-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Approve Resolution of Intent to Amend, Repeal or Replace Sections of Livingston Municipal Code (LMC) 5-3 and 5-7 that are Necessary to Implement Programs in the 2009-2014 Housing Element.

Staff Report/Resolution of Intent to Amend, Repeal or Replace Sections of Livingston Municipal Code Necessary to Implement Programs in the 2009-2014 Housing Element.

Motion: M/S Samra/Vierra to approve Resolution 2011-42, Resolution of Intent to Amend, Repeal or Replace Sections of Livingston Municipal Code (LMC) 5-3 and 5-7 that are Necessary to Implement Programs in the 2009-2014 Housing Element.

The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Aguilar, Samra, Vierra

NOES: Council Members: None

ABSENT: Council Members: Espinoza, Land

ADJOURNMEN

JUNE 23, 2011 Special City Council Meeting Draft Minutes

DISCUSSION AND POTENTIAL ACTION ITEMS

1. 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 Prop 84/Statewide Park Development and Community Revitalization Grant to Support Recreational Additions to Arakelian Park.

Motion: M/S Vierra/Aguilar to adopt Resolution No. 2011-43 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 Prop 84/Statewide Park Development and Community Revitalization Grant to Support Recreational Additions to Arakelian Park. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Aguilar, Espinoza, Vierra

NOES: Council Members: None

ABSENT: Council Members: Land, Samra

ADJOURNMENT 

JULY 5, 2011 Draft Minutes

CLOSED SESSION ANNOUNCEMENTS

City Attorney Sanchez reported that Interim City Manager Vickie Lewis had agreed to continue working with the City to assist in the transition of the new City Manager.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Departmental Presentation – Jacquie Benoit, Recreation Superintendent provided a slide presentation on the Recreation Department programs. Mayor Espinoza thanked her for her efforts. Council Member Samra thanked Mrs. Benoit and commended her staff for their efforts as well. Mayor Pro-Tem Aguilar requested the slide presentation be posted on Channel 2.

ANNOUNCEMENTS AND REPORTS

Interim City Manager Lewis addressed concerns raised at the last meeting regarding the City budget. Ms. Lewis reported that nothing but a balanced budget had ever been brought forward to the City Council for approval. In addition, Ms. Lewis reported it was not uncommon for a final budget to be presented to the City Council for approval in late August or even early October. She stated that she was confident that the timeline for this year’s budget is in line with previous years.

PUBLIC HEARINGS

2. 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 2011/2012.

Staff Report/Resolution Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1: Fiscal Year 2011/2012

Motion: M/S Samra/Aguilar to adopt Resolution 2011-44 approving 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 2011/2012. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

3. Proceedings 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 2011/2012.

Staff Report/Resolution: Annual Assessments for the Livingston Benefit Assessment Districts, Confirming Assessments for Fiscal Year 2011/2012.

Motion: M/S Samra/Land to adopt Resolution 2011-45 approving Proceedings 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 2011/2012. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

4. Adopt Resolution No. 2011-46 Consenting to and Approving the Assignment of the Cable Franchise and System to CCO SOCAL 1, LLC.

Staff Report/Resolution: Assignment of the Cable Franchise and System to CCO SOCAL 1, LLC.

5. Approval of Minutes of Meeting Held on June 17, 2011.

6. Approval of Minutes of Meeting Held on June 21, 2011.

7. Approval of Minutes of Meeting Held on June 23, 2011.

8. Warrant Register Dated June 30, 2011.

Motion: M/S Vierra/Samra to approve Consent Agenda Items 4, 5, 6, 7, and 8 with the correction to Item 7. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Waive the Second Reading and Adopt Ordinance No. 590 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-6-5 (C), Nonconforming Uses of Land, Concerning Nonconforming Agriculture Uses.

Motion: M/S Land/Samra to Waive the Second Reading and Adopt Ordinance No. 590 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-6-5 (C), Nonconforming Uses of Land, Concerning Nonconforming Agriculture Uses. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

10. Resolution Approving Land Lease Agreement Between the City of Livingston and Gerald Martin for Approximately 40 Acres of Land at 15036 Vinewood Avenue Known as APN Numbers 047-140-006 and 047-140-0017.

Staff/Resolution Approving Land Lease Agreement Between the City of Livingston and Gerald Martin

Motion: M/S Espinoza/Vierra to adopt Resolution No. 2011-47 Approving the Land Lease Agreement, with the noted amendment, Between the City of Livingston and Gerald Martin for Approximately 40 Acres of Land at 15036 Vinewood Avenue Known as APN Numbers 047-140-006 and 047-140-0017. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

11. Resolution Approving Contract Amendment No. 4 for PMC to Complete the Environmental Analysis of the Domestic Wastewater Treatment Plant and Authorizing the Interim City Manager to Sign the Amendment.

Staff Report/Resolution Approving Contract Amendment No. 4 for PMC to Complete the Environmental Analysis of the Domestic Wastewater Treatment Plant

Motion: M/S Vierra/Aguilar to adopt Resolution No. 2011-48 Approving Contract Amendment No. 4 for PMC to Complete the Environmental Analysis of the Domestic Wastewater Treatment Plant and Authorizing the Interim City Manager to Sign the Amendment. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

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

Interim City Manager Lewis provided an overview of the item. Mayor Espinoza asked which Council Members would be attending. Mayor Pro-Tem Aguilar, Council Member Land, Council Member Samra and Mayor Espinoza all indicated they would be attending. Mayor Pro-Tem Aguilar agreed to be the voting delegate and Mayor Espinoza agreed to be the alternate. 

Motion: M/S Espinoza /Land to appoint Mayor Pro-Tem Aguilar as the voting delegate and Mayor Espinoza as the alternate for the League of California Cities Annual Conference in San Francisco. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

There was an inquiry from the audience as to how many Council Members would be attending and who was paying for the conference. Mayor Espinoza replied that a total of four Council Members were attending and their attendance was being paid for by the City.

ADJOURNMENT

 JULY 19, 2011 Draft Minutes

CLOSED SESSION ANNOUNCEMENTS

City Attorney Jose Sanchez indicated there was nothing to report at this time and the City Council would resume Closed Session after the Regular Meeting.

CHANGES TO THE AGENDA

Interim City Manager Vickie Lewis stated she needed to pull Item 9 due to last minute changes by the property owner.

PUBLIC HEARINGS

3. Introduce and Waive the First Readings of Ordinance Nos. 591 and 592 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Chapter 5, Table 12, Permit Requirements for Wireless Communication Facilities, and LMC Title 5, Section 5-6-9, Subsection F, and LMC Title 5, Section 5-6-10, Subsection D, relating to Appeal Hearings for Conditional Use Permits and Variances.

Staff Report on Amending Livingston Municipal Code :Permit Requirements for Wireless Communication Facilities & Appeal Hearings for Conditional Use Permits and Variances.

Motion: M/S Espinoza/Vierra to Introduce and Waive the First Readings of Ordinance Nos. 591 and 592 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Chapter 5, Table 12, Permit Requirements for Wireless Communication Facilities, and LMC Title 5, Section 5-6-9, Subsection F, and LMC Title 5, Section 5-6-10, Subsection D, relating to Appeal Hearings for Conditional Use Permits and Variances. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

4. Resolution No. 2011-49 Authorizing the Interim City Manager to File Regional Surface Transportation Program (RSTP) Funds Claim for Fiscal Year 2010/2011.

Staff Report/Resolution Authorizing the Interim City Manager to File Regional Surface Transportation Program (RSTP) Funds Claim for Fiscal Year 2010/2011.

5. Resolution No. 2011-50 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.

Staff Report/Resolution Awarding Construction Contract to Shannon Pump Company, Merced, California

6. Approval of Minutes of Meeting Held on July 5, 2011.

7. Warrant Register Dated July 13, 2011.

Mayor Espinoza pulled Item No. 6 for a correction to the Minutes of July 5, 2011.

Motion: M/S Vierra/Aguilar to approve consent agenda items 4, 5, and 7. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Mayor Espinoza stated that on Page 5 of 7 of the Minutes his comment should state that “people in the community continue to keep farming.”

Motion: M/S Espinoza/Samra to approve consent agenda Item No. 6. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

8. City Council to Provide Staff Direction for Appointment to the Livingston Parks and Recreation Commission.

Staff Direction for Appointment to the Livingston Parks and Recreation Commission.

Motion: M/S Aguilar/Vierra to appoint Ashley Bates to the Livingston Parks and Recreation Commission. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

9. Approve Resolution 2011-___, a Resolution Approving Amendment 1 to the Livingston Senior Citizens Center Lease at 420 Main Street and Authorizing the Interim City Manager to Execute the Amendment.

Staff Report/Resolution Approving Amendment 1 to the Livingston Senior Citizens Center Lease at 420 Main Street and Authorizing the Interim City Manager to Execute the Amendment

This item was pulled from the agenda and continued to the next meeting.

ADJOURNMENT

The regular meeting adjourned at 8:39 p.m. to continuation of the Closed Session.

CONTINUATION OF CLOSED SESSION IF NECESSARY

Mayor Espinoza opened the Closed Session at 8:40 p.m.

OPEN SESSION

The Council came out of Closed Session at 10:37 p.m. City Attorney Lindgren stated no reportable actions were taken.

JULY 27, 2011 Draft Minutes

the City Council went into Closed Session to discuss the following matter

1. Conference with Legal Counsel – Existing Litigation

Government Code Section 54956.9(a)

a. City of Livingston v. The Dow Chemical Company, et al.

San Francisco Superior Court, Case No.CGC-05-442837

San Bernardino Superior Court, Case No. SVCSS 120627

Judicial Council Coordination Proceeding No. 4435

OPEN SESSION

The Council came out of Closed Session at 6:45 p.m.

CLOSED SESSION ANNOUCEMENTS

Mayor Espinoza stated no reportable action was taken.

AUGUST 02, 2011 Draft Minutes

A Special Meeting/Closed Session/Regular Meeting of the Livingston City Council was held on August 2, 2011, in the City Council Chambers with Mayor Espinoza presiding.

SPECIAL MEETING

DISCUSSION AND POTENTIAL ACTION ITEMS

City Attorney Jose Sanchez stated that the item brought forward tonight needed to go into Closed Session as it had previously been reported out of Closed Session. City Attorney Sanchez stated that Vickie Lewis had agreed to stay on with the City through the transition of a new City Manager. This item was to ensure that an agreement was being formalized and was moving forward. City Attorney Sanchez noted that the law required the appointment of a labor negotiator in open session.

Motion: M/S Samra/Land to appoint Jose M. Sanchez as labor negotiator relating to the employment agreement with Unrepresented Employee: Assistant City Manager/Finance Director. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CLOSED SESSION ANNOUNCEMENTS

City Attorney Sanchez reported that the City Attorney’s office, along with the City Manager’s office, received direction from the majority of the City Council that Vickie Lewis would be staying on with the City until October 31, 2011, as the Assistant City Manager/Finance Director. City Attorney Sanchez also reported that the City Council had discussed an item regarding Conference with Legal Counsel – Potential Litigation that dealt with redevelopment. He noted that the Mayor was not a part of the Redevelopment Agency Board and, therefore, was not in the room and did not participate in discussions regarding the RDA.

CHANGES TO THE AGENDA

Council Member Vierra stated that he would like to pull items No. 5 and No. 6 on the consent agenda for discussion.

PUBLIC HEARINGS

3. Introduce and Waive the First Reading of Ordinance No. 593, an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code Section 5-6-2(B) Concerning Amendments and Rezonings.

Motion: M/S Aguilar/Vierra to introduce and waive the first reading of Ordinance No. 593, an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code Section 5-6-2(B) Concerning Amendments and Rezonings. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

4. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston to Modify Livingston Municipal Code (LMC) Section 5-3, Amendments Necessary to Implement Programs in the 2009-2014 Housing Element.

Motion: M/S Samra/Land to introduce and waive the first reading of Ordinance No. 594 of the City Council of the City of Livingston to Modify Livingston Municipal Code (LMC) Section 5-3, Amendments Necessary to Implement Programs in the 2009-2014 Housing Element. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

5. Resolution No. 2011-52, Accepting the Road Widening and Associated Improvements on Peach Avenue Adjacent to Livingston High School Completed by Merced Union High School District and Authorizing the City Clerk to Record a Notice of Completion with Merced County.

6. Resolution No. 2011-53, Awarding a Professional Engineering Services Contract for Water Treatment at the City Water Supply Well No. 8 to AECOM, Fresno, California, and Authorizing the City Manager to Execute the Agreement.

7. Waive the Second Readings and Adopt Ordinance Nos. 591 and 592 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Chapter 5, Table 12, Permit Requirements for Wireless Communication Facilities; and LMC Title 5, Section 5-6-9, Subsection F, and LMC Title 5, Section 5-6-10, Subsection D, Relating to Appeal Hearings for Conditional Use Permits and Variances.

8. Approval of Minutes of Meeting Held on July 19, 2011.

9. Approval of Minutes of Meeting Held on July 27, 2011.

9. Warrant Register Dated July 28, 2011.

Council Member Vierra pulled Items Nos. 5 and 6 for further discussion.

Motion: M/S Aguilar/Vierra to approve consent agenda Items 7, 8, 9, and 10. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Motion: M/S Vierra/Espinoza to approve consent agenda item No. 5. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Council Member Vierra commented on item No. 6 of the consent calendar stating that there was such a big discrepancy between the two bids.

City Engineer Gottiparthy stated that there were significant differences and he did contact the consultant as to why the bids were so far off of his estimate. He explained that what happened was that they assumed a lot more preliminary work and research than they had to do. Mr. Gottiparthy noted that they included in their proposal a lot more time on some of the items that they were not too comfortable with. Not that many consultants have worked with TCP, although both the consultants that have proposed have experiences with the treatment processes. Brief discussion followed regarding the background of the consultants.

Motion: M/S Samra/Vierra to approve consent agenda item No. 6. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Approve Resolution 2011-___, a Resolution Approving Amendment 1 to the Livingston Senior Citizens Center Lease at 420 Main Street and Authorizing the City Manager to Execute the Amendment.

Motion: M/S Land/Aguilar to approve Resolution 2011-54, approving the Amendment 1 to the Livingston Senior Citizens Center Lease at 420 Main Street and authorizing the City Manger to execute the amendment. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

12. Designate Voting Delegate and/or Alternates for the Annual League of California Cities Conference.

Motion: M/S Samra/Vierra to appoint Theresa Land as the voting delegate for the annual League of California Cities Conference. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Land

ABSENT: Council Members: None

Staff Report/Resolution Awarding a Professional Engineering Services Contract for Water Treatment at the City Water Supply Well No. 8

AUGUST 10, 2011 Special City Council Meeting Agenda

DISCUSSION AND POTENTIAL ACTION ITEMS

  1. Introduce and Waive the First Reading of Ordinance No. ___ of the City Council of the City of Livingston Authorizing the City to Participate in the ABx1 27 voluntary Alternative Redevelopment Program.

Motion: M/S Samra/Aguilar to introduce and waive the First Reading of Ordinance No. 595 of the City Council of the City of Livingston Authorizing the City to Participate in the ABx1 27 Voluntary Alternative Redevelopment Program. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Aguilar, Land, Samra

NOES: Council Members: None

ABSENT: Council Members: Espinoza, Vierra

AUGUST 16, 2011

CLOSED SESSION ANNOUNCEMENTS

Mayor Espinoza indicated there was nothing to report at this time.

CHANGES TO THE AGENDA

City Attorney Jose Sanchez stated that he would like to pull Item No. 5 on the consent calendar and continue the item. The item was the second reading of the ordinance opting for the voluntary alternative redevelopment program. He also noted that Mayor Pro-Tem Aguilar was in attendance, but she was not present at the Closed Session.

CONSENT CALENDAR

2. Adopt Resolution No. 2011-55, Approving Amendment No. 2 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.

Staff Report/Resolution: Merced County Workforce Investment Board for Enterprise Zone Marketing and Program Management Services

3. Waive the Second Reading and Adopt Ordinance No. 593 of the City Council of the City of Livingston Amending Livingston Municipal Code Section 5-6-2(B) Concerning Amendments and Rezonings.

Staff Report: Amending Livingston Municipal Code Section 5-6-2(B) Concerning Amendments and Rezonings

4. Waive the Second Reading and Adopt Ordinance No. 594 of the City Council of the City of Livingston Amending Livingston Municipal Code Title 5, Chapter 3 Relating to Farmworker Housing, Emergency Shelters and Transitional and Supportive Housing as Required by the City’s Housing Element.

4. Waive the Second Reading and Adopt Ordinance No. 595 of the City Council of the City of Livingston Authorizing the City to Participate in the ABx1 27 Voluntary Alternative Redevelopment Program.

Staff Report/Resolution: Participation in the ABx1 27 Voluntary Alternative Redevelopment Program

5. Approval of Minutes of Meeting Held on August 2, 2011.

6. Approval of Warrant Register Dated August 10, 2011

City Attorney Sanchez pulled Item No. 5 for discussion.

Motion: M/S Land/Samra to approve consent agenda items 2, 3, 4, 6, and 7. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

City Attorney Sanchez explained why he wanted to continue this item. He noted that a lot of legislation was going on and there have been proposals made to get rid of redevelopment and the latest were AB 26 and AB 27. City Attorney Sanchez commented that with AB 26 they are basically winding down redevelopment. With AB 27 the law allows redevelopment to come back to allow the City to enroll in what they call “Pay to Play” where the City agrees to send annual payments to the County Auditor-Controller which they will distribute amongst tax entities, local entities such as school districts and then the City can continue their redevelopment agency. He also added the AB 27, which was the “Pay to Play” program, required the City to adopt an ordinance. City Attorney Sanchez noted that last week the City Council waived the first reading and introduced an ordinance getting the City into the system of the Pay to Play activities. The payments were very high. On Thursday, August 11th the Supreme Court reviewed pending litigation where the California Redevelopment Association actually filed a lawsuit basically questioning the constitutionality of these assembly bills. The Supreme Court issued a stay, putting a freeze on certain parts of the legislation, specifically AB 27 that allows the City to adopt an ordinance in order to Pay to Play. That has been placed on hold. The Ordinance will be continued and if the Supreme Court comes back and says that the Ordinance is still needed, then the Ordinance would need one more reading.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Adoption of Resolution No. 2011-___Authorizing the City Manager to Enter into an Agreement for Building Department Contract Staff Support Services.

Motion: M/S Aguilar/Vierra to adopt Resolution No. 20111-56 selecting WC³ for Building Department Contract Staff Support Services. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

9. Discussion – Renaming of Livingston-Cressey Road to North Main Street.

Renaming of Livingston-Cressey Road to North Main Street

Mayor Espinoza clarified that there was a consensus to direct the City Manager to schedule the item for comments. Council Member Samra and Mayor Pro-Tem Aguilar agreed….City Attorney Sanchez added that to make the direction clear, at the next City Council meeting should staff present a resolution or just a discussion item?…Mayor Espinoza replied just a discussion item.

 

SEPTEMBER 20, 2011 Agenda

SEPTEMBER 20, 2011 Draft Minutes

CLOSED SESSION

The Closed Session was cancelled.

REGULAR MEETING

CHANGES TO THE AGENDA

There were no changes to the agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Jeremy Hofer, Fresno Community Development Financial Institution, Opportunities for Small Business Financing

2. Guadalupe Valdes, Area Specialist, Rural Development, USDA, Single Family Housing Repair Loans/Grants.

3. Bryce Dias, Project Associate, Great Valley Center, Livingston’s Greenhouse Gas Emissions Inventory of Local Government Operations.

GRANT ANNOUNCEMENTS

4. 2011 COPS Secure Our Schools Grant Award.

ANNOUNCEMENTS AND REPORTS

City Manager Announcements and Reports.

City Manager Ramirez reported that staff did some follow up work with Gallo and their project is being synchronized with the general plan’s completion. He said staff is also working in conjunction to make sure that everything falls into place with the rezoning and annexation. City Manager Ramirez added that he met with the Community Action Agency and he is investigating to see how their department works within Merced County. He is looking at their organization’s program and all of the other programs that they provide to Livingston residents. City Manager Ramirez commented on the Assistant City Manager/Finance Director position. He noted that when he first came on board he was given direction to move forward with the recruitment and the City received five applications and he will be making a job offer before the current Finance Director leaves.

PUBLIC HEARINGS

4. Resolution Approving the Proposed Street Name Changes to Livingston-Cressey Road and Lincoln Boulevard and Authorizing the City Engineer to File a Notice of Correction of the Final Maps with the Merced County Recorder’s Office.

Motion: M/S Espinoza/Land to approve Resolution No. 2011-61 approving the Proposed Street Name Changes to Livingston-Cressey Road and Lincoln Boulevard and authorizing the City Engineer to File a Notice of Correction of the Final Maps with the Merced County Recorder’s Office and making the change effective on June 20, 2012. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

CONSENT CALENDAR

6. Resolution No. 2011-62 Awarding Construction Contract to Lawrence Backhoe Service, Atwater, CA, for the Replacement of Water Valves on Peach Avenue and Authorizing the City Manager to Execute a Construction Contract and Any Change Orders Thereto with Lawrence Backhoe Service.

7. Approval of Minutes of Meeting Held on September 6, 2011.

8. Approval of Warrant Register Dated September 14, 2011.

Motion: M/S Samra/Aguilar to approve consent agenda items numbers 5, 6, and 7. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Resolution Approving Providing Workers’ Compensation Coverage for Certain City Volunteers.

Mayor Pro-Tem Aguilar moved not to approve providing workers’ compensation coverage for certain City volunteers. There was no second to the motion, therefore, the resolution failed to pass.

10. Resolution Amending Livingston Park and Field Rules Concerning Dogs in City Parks.

Motion: M/S Aguilar/Land to adopt Resolution No. 2011-63 Amending Livingston Park and Field Rules Concerning Dogs in City Parks. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

11. Resolution Approving a Conceptual Park Design for the Little Guys and Gals Field and Authorizing the Parks and Recreation Commission to Begin Fundraising Activities.

Motion: M/S Land/Aguilar to adopt Resolution No. 2011-54 approving a Conceptual Park Design for the Little Guys and Gals Field and Authorizing the Parks and Recreation Commission to begin fundraising activities. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

12. Provide Staff Direction on the Recruitment of a Police Chief.

Motion: M/S Espinoza/Aguilar to authorize staff to start the recruitment process for Chief of Police. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

13. Shortel Telecommunication Service Contract with KTS Services of Northern California, Inc.

Mayor Espinoza announced that this was tabled until the next meeting.

ADJOURNMENT

The meeting was adjourned by consensus at 9:15 p.m.

SEPTEMBER 20, 2011 Draft Minutes (Special Meeting)

DISCUSSION AND POTENTIAL ACTION ITEMS

  1. Resolution Authorizing the Application and Acceptance of San Joaquin Valley Air Pollution Control District Public Benefit Grant Program Funds.

Council Member Samra asked if this was based on a particular vehicle or can the City buy what it wants.

City Manager Ramirez added that we can move forward with submitting the grant and then look at different vehicle alternatives.

Motion: M/S Aguilar/Espinoza to adopt Resolution No. 2011-60 authorizing the application and acceptance of the San Joaquin Valley Air Pollution Control District Public Benefit Grant Program Funds. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

ADJOURNMENT

The meeting was adjourned by consensus at 6:45 p.m.

OCTOBER 04, 2011 Agenda

October 04, 2011 Amended Draft Minutes (Re-Approval As Amended).

OCTOBER 4, 2011

A Closed Session/Regular Meeting of the Livingston City Council was held on October 4, 2011 in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSION

1 . Public Employee Appointment,(Government Code Section 54957), Title: Assistant City Manager/Finance Director

2. Conference with Legal Counsel – Potential Litigation, (Government Code Section 54956.9), Number of Cases: One

3. Conference with Labor Negotiator, (Government Code Section 54957.6), Agency Negotiator: City Manager Jose Antonio Ramirez, Employee Organizations: All Represented and Unrepresented City Employees.

OPEN SESSION

CHANGES TO THE AGENDA

City Manager Ramirez noted that Mayor Pro-Tem Aguilar asked that item number 8 be moved up because she had a previous engagement and would be leaving early.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Bob Kalman, Environmental Management Services (EMS), Water and Wastewater Collection Systems Services Provided to the City of Livingston by EMS.

{Note from TheGardeningSnail: there was some discussion about a “Utility Rate Stakeholders Meeting that wasn’t a meeting” during “Reports”. If you want to read it, go to the meeting minutes page}.

Mayor’s Announcements and Reports.

Mayor Espinoza asked if staff is still flushing all the hydrants. He asked if the City would flush the hydrants because people are complaining about smelly water from hydrants not getting flushed for the last two years. He added that "even my clothes are smelly at any house." Mayor Espinoza reported that the City Manager and he had attended a meeting in Fresno today about economic development. There were a lot of people from Wells Fargo attending and they are offering a lot of money for downtown businesses.

PUBLIC HEARINGS

2. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code Title 4, Chapter 2, Relating to Signage.

Motion: M/S Samra/Land to Waive the First Reading and Introduce Ordinance No. 596 of the City Council of the City of Livingston Amending Livingston Municipal Code Title 4, Chapter 2, Relating to Signage with the exception to exclude 4-2-3, 4-2-4 (M), 4-2-5 (A), and 4-2-7 (B). The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Mayor Pro-Tem Aguilar

3. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-3-16-1 (A) (1) Setback Exceptions, Concerning Small Doorway Covers.

Motion: M/S Samra/Land to Waive the First Reading and Introduce Ordinance No. 597 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-3-16-1 (A) (1) Setback Exceptions, Concerning Small Doorway Covers. The motion carried 3-1 by the following roll call vote:

AYES: Council Members: Espinoza, Land, Samra,

NOES: Council Members: Vierra

ABSENT: Council Members: Mayor Pro-Tem Aguilar

CONSENT CALENDAR

4. Resolution Rejecting All Bids for Cal Fire Station #96 Vertical Air Flow Exhaust Removal System and Authorizing the City Manager to Re-advertise for Bids.

5. Approval of Minutes Held on September 20, 2011 (Special Meeting).

6. Approval of Minutes Held on September 20, 2011 (Regular Meeting).

7. Approval of Warrant Register Dated September 28, 2011.

Council Member Land asked to pull item number 6, City Council Minutes: On page 2 the Court Theater donation of $500 was included in the $1500; page 3 Julio Valadez, not Valdez; and page 7 the Parks and Recreation Commission car wash will be held on October 1st, not October 5"’.

Motion: M/S Vierra/Land to approve consent agenda items numbers 5, 6, 7 and 8. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Mayor Pro-Tem Aguilar

DISCUSSION AND POTENTIAL ACTION ITEMS

{Note: at the actual meeting, this Agenda Item was moved up so the Mayor Pro Tem could vote on it before leaving the meeting to go elsewhere)

8. Resolution of the City Council of the City of Livingston Approving Employment Agreement Between the City of Livingston and Odilon Ortiz Jr. for his Employment as Assistant City Manager/Finance Director.

Mayor Espinoza commented that he thought the contract was a good contract. He noted that there were five applicants and he would welcome the City Council’s approval of the contract.

Motion: M/S Espinoza/Land to adopt Resolution No. 2011-65 approving the Employment Agreement between the City of Livingston and Odilon Ortiz Jr. for his employment as Assistant City Manager/Finance Director. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

Mayor Pro-Tern Aguilar left the meeting at approximately 7:50 p.m. due to a previous engagement.

ADJOURNMENT

 

October 18, 2011 Draft Minutes

 

CLOSED SESSION

The scheduled Closed Session was cancelled.

REGULAR MEETING

CALL TO ORDER

Mayor Pro-Tem Aguilar opened the meeting at 7:00 p.m.

CHANGES TO THE AGENDA

Council Member Vierra asked that Item No. 3 on the consent agenda be pulled for a separate vote.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. City of Livingston – Independent Auditor’s Report and Financial Statements June 30, 2011 and City of Livingston Local Transportation Development Act Fund – Independent Auditor’s Report and Financial Statements June 30, 2011.

Motion: M/S Samra/Land to approve and accept the Independent Auditor’s Report and Financial

Statements for the period ending June 30, 2011. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Espinoza

Mayor Espinoza joined the meeting at 7:38 p.m.

CONSENT CALENDAR

2. Waive the Second Reading and Adopt Ordinance No. 596 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 4, Chapter 2, Relating to Signage.

3. Waive the Second Reading and Adopt Ordinance No. 597 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-3-16-1 (A)(1) Setback Exceptions Concerning Small Doorway Covers.

Councilmember Vierra pulled Item No. 3 for a separate vote. Brief discussion followed.

Motion: M/S Espinoza/Land to approve consent agenda Item No. 3. The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

4 Resolution Supporting the California Air Resources Board’s Leadership in Promoting Clean and Efficient Motor Vehicles, Energy Independence, Zero Emission Technologies and Improved Quality of Life in California.. it {Note from TheGardeningSnail – yep..I know you’ll also get the warrant register, meeting minutes, and TIGER Grant stuff if you click on this link..but hey…

5. Approval of Minutes of Meeting Held on October 4, 2011.

6. Approval of Warrant Register Dated October 12, 2011.

Council Member Vierra noted that on Item No. 5 it did not indicate what time Mayor Pro-Tem Aguilar left the meeting.

Councilmember Land noted that on Item No. 5, page 3 of 10 her comment that the letters C and E were missing was incorrect and her comment should have read the letters S and E.

Motion: M/S Espinoza/Land to approve consent agenda Items Nos. 3, 4, and 6 and to bring back Item No. 5 to the next regularly scheduled meeting. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Resolution Approving Submittal of a Grant Application to the Department of Transportation TIGER 3 Discretionary Grants. {Note from TheGardeningSnail: there was nothing in the Agenda Packet I downloaded over the weekend about this item…but I did find This, and This, And This from the Federal Register, that you might find interesting…}

Motion: M/S Vierra/Aguilar to adopt Resolution No. 2011-68 Approving Submittal of a Grant Application to the Department of Transportation TIGER 3 Discretionary Grants. The motion carried 4-0 by the following roll call vote:

AYES: Council Members: Espinoza, Vierra, Samra, and Aguilar

NOES: Council Members: None

ABSTAIN: Council Members: Land

ABSENT: Council Members: None

ADJOURNMENT

The meeting was adjourned by consensus at 8:24 p.m

OCTOBER 25, 2011 Draft Minutes

A Special Meeting of the Livingston City Council was held on October 25, 201, in the City Council Chambers with Mayor Espinoza presiding.

CALL TO ORDER

Mayor Espinoza opened the meeting at 6:00 p.m.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

Mayor Espinoza presented Assistant Finance Director Vickie Lewis with a plaque in appreciation for her years of service with the City.

CHANGES TO THE AGENDA

None.

DISCUSSION AND POTENTIAL ACTION ITEMS

1. City of Livingston Budget – Fiscal Year 2011-2012.

The Council took no action on adoption of the budget.

ADJOURNMENT

 

NOVEMBER 01, 2011 Draft Minutes

Changes to the Agenda.

City Manager Ramirez requested that agenda item No. 6 be continued to the next meeting

CONSENT CALENDAR

1. Approval of Minutes of Meeting Held on October 4, 2011 (Amended).

2. Approval of Minutes of Meeting Held on October 18, 2011.

3. Approval of Minutes of Meeting Held on October 25, 2011.

4. Approval of Warrant Register Dated October 26, 2011.

Motion: M/S Land/Espinoza to approve consent agenda items 1, 2, 3, and 4. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Espinoza, Vierra, Land,

NOES: Council Members: None

ABSENT: Council Members: Samra, Aguilar

DISCUSSION AND POTENTIAL ACTION ITEMS

5. Resolution Declaring Intent Not to Enforce Certain Provisions of Livingston Municipal Code Section 5-6-5Against Vacant Legal Nonconforming Residential Units in the Downtown Commercial Zoning District for Two (2) Years from Effective Date of Resolution.

Motion: M/S Espinoza/Land to adopt a Resolution Declaring the Intent Not to Enforce Certain Provisions of Livingston Municipal Code Section 5-6-5Against Vacant Legal Nonconforming Residential Units in the Downtown Commercial Zoning District for Five (5) Years from Effective Date of Resolution. The motion failed 2-1 by the following roll call vote:

AYES: Council Members: Espinoza, Land

NOES: Council Members: Vierra

ABSENT: Council Members: Samra, Aguilar

Motion: M/S Land/Espinoza to adopt a Resolution Declaring the Intent Not to Enforce Certain Provisions of Livingston Municipal Code Section 5-6-5Against Vacant Legal Nonconforming Residential Units in the Downtown Commercial Zoning District for Two (2) Years from Effective Date of Resolution. The motion failed 2-1 by the following roll call vote:

AYES: Council Members: Espinoza, Land

NOES: Council Members: Vierra

ABSENT: Council Members: Samra, Aguilar

6. Provide Staff Direction and Adopt Resolution of Intent to Amend Livingston Municipal Code (LMC) Title 5, Chapter 3 Concerning Building Structure Setback Requirements.

Pulled from agenda.

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

City Manager Ramirez noted that this item is just for staff direction and a resolution will come back to the Council at the next meeting.

ADJOURNMENT

NOVEMBER 15, 2011 Draft Minutes

CLOSED SESSION

1. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented and Unrepresented City Employees.

Regular Meeting

Closed Session Announcements.

There was no reportable action

PUBLIC HEARINGS

1. Resolution Setting the City of Livingston’s Gann Appropriation Limit for the Fiscal Year 2011-2012.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2011-69 Setting the City of Livingston’s Gann Appropriation Limit for Fiscal Year 201 1-2012. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Member: Vierra

2. Public Hearing – Resolution of the City Council of the City of Livingston Approving the City of Livingston Budget for Fiscal Year 2011-2012.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2011-70 a Resolution of the City Council of the City of Livingston Approving the City of Livingston Budget for Fiscal Year 2011-2012. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

CONSENT CALENDAR

3. Resolution Approving Amendment to City Council Resolution No. 2010-7 to Add Replacement of Existing Streetlights with Energy Efficient LED Streetlights to the Scope of Work 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 City Manager to Execute the Agreement.

4. Resolution Authorizing Investment of Monies in the Local Agency Investment Fund.

5. Resolution Designating Certain Signatures for City Bank Accounts with WestAmerica Bank.

6. Approval of Warrant Register Dated November 9, 2011.

Council Member Samra commented on item No. 5 and noted a correction should be made to read Marge McFadden.

Motion: M/S Land/Samra to approve consent agenda items 3, 4, 5, as amended, and 6. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Provide Staff Direction and Adopt a Resolution of Intent to Amend Livingston Municipal Code (LMC) Title 5, Chapter 3, Concerning Building Structure Setback Requirements.

Motion: M/S Espinoza/Samra to direct staff and adopt Resolution No. 2011-74, a Resolution of Intent to Amend Livingston Municipal Code (LMC) Title 5, Chapter 3, Concerning Building Structure Setback Requirements. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

8. Resolution Reappointing Luis Enrique Flores to the Planning Commission.

Motion: M/S Aguilar/Land to advertise for the Planning Commission vacancy. The motion carried 4-0 by the following roll call vote :

AYES: Council Members: Espinoza, Samna, Land, and Aguilar

NOES: Council Members: None

ABSENT: Council Members: Vierra

9. Appointment of Alternate Member to San Joaquin Valley Special City Selection Committee.

Motion: M/S Aguilar/Samra to appointment Council Member Vierra as an alternate member of the San Joaquin Valley Special City Selection Committee. The motion carried 3-1 by the following roll call vote:

AYES: Council Members: Samra, Land, and Aguilar

NOES: Council Members: Espinoza

ABSENT: Council Members: Vierra

ADJOURNMENT

JOINT LIVINGSTON CITY COUNCIL AND PLANNING COMMISSION SPECIAL MEETING

DECEMBER 5, 2011

5:30 P.M.

Special Meeting

JOINT CITY COUNCIL/PLANNING COMMISSION VISION/GOAL SETTING WORKSHOP
Facilitator:
Jacqueline L. Ryle, PhD, Empowerment Strategies, Fresno, California.

ADJOURNMENT

CITY COUNCIL REGULAR MEETING AGENDA

DECEMBER 6, 2011

CLOSED SESSION

1 . Conference with Legal Counsel-Potential Litigation [(Government Code Section 54956.9(b)(1)]  Number of Cases: 3

2. Public Employee Appointment (Government Code Section 54957)  Title: Chief of Police

3. Conference with Labor Negotiator(Government Code Section 54957.6) Agency Negotiator: City Manager Jose Antonio Ramirez Employee Organizations: All Represented and Unrepresented City Employees.

Regular Meeting

Closed Session Announcements: There were no Closed Session announcements.
Changes to the Agenda: Councilmember Vierra requested that agenda items Numbers 4, 5 and 7 from the consent calendar be pulled for discussion….Mayor Espinoza stated that he was going to pull agenda item Number 7 for continuance.

1. Presentation of Ten-Year Service Pin to Recreation Superintendent Jacquie Benoit.

City Manager Announcements and Reports

.Change of Utility Rate Study Consultant Discussion

CONSENT CALENDAR

2. Resolution Approving 2011/2012 Application for Funding and the Execution of a Grant Agreement and any Amendments Thereto from the California Department of Water Resources (DWR)- Proposition 84, Local Levee Assistance Program (LLAP) and Authorizing the City Manager to Act on Behalf of the City of Livingston.

3. Resolution Awarding Construction Contract to Tri-Phase Electric, Inc., Merced, California for Cal Fire Station #96 Vertical Air Flow Exhaust Removal System, Approving Expenditure of Funds, and Authorizing the City Manager to Execute a Construction Contract and any Change Orders Thereto with Tri-Phase Electric, Inc.

4. Resolution Approving Enhancement of Springbrook Accounting System by Adding Web Utility Billing Payment Option with the City to Absorb the Related Transaction Fees and Authorizing the City Manager to Execute all Related Forms and Agreements.

5. Resolution Approving Migration (Upgrades) to Springbrook Accounting System from Version 6.02 to 7.XX, Addition of the Fixed Asset Module and Authorizing the City Manager to Execute the Agreement with Springbrook Software, Inc.

6. Approve Application of $400,000 Grant to U.S. EPA Brownfields to Inventory, Assess and Prepare Remediation Plans for Parcels with Potential Hazardous Substance and/or Petroleum Pollution.

7. Approval of Minutes of Meeting Held on October 4, 2011 (Re-Approval As Amended).

Pulled and continued.

8. Approval of Minutes of Meeting Held on November 1, 2011.

9. Approval of Minutes of Meeting Held on November 15, 2011.

10. Approval of Warrant Register Dated December 1, 2011.

Motion: M/S Land/Vierra to approve consent agenda items Numbers 2, 3, 6, 8, 9 and 10. The motion carried 4-0 by the following roll call vote:

AYES: Council Members: Espinoza, Land, Samra, and Vierra

NOES: Council Members: None

ABSENT: Council Members: Aguilar

Motion: M/S Espinoza/Samra to approve consent agenda items Numbers 4 and 5 and continuing item No. 7 until the next meeting. The motion carried 4-0 by the following roll call vote:

AYES: Council Members: Espinoza, Land, Samra, and Vierra

NOES: Council Members: None

ABSENT: Council Members: Aguilar

DISCUSSION AND POTENTIAL ACTION ITEMS

11 . Adopt Resolution of the City Council of the City of Livingston Restoring its Revenue Sharing Agreement with Merced County for the Gallo Project Exclusively and Directing Staff to Process the General Plan Amendment, Annexation, and Prezone Under the 1999 General Plan.

Motion: M/S Espinoza/Samra to adopt Resolution No.2011-79, a Resolution of the City Council of the City of Livingston Restoring its Revenue Sharing Agreement with Merced County for the Gallo Project Exclusively and Directing Staff to Process the General Plan Amendment, Annexation, and Prezone Under the 1999 General Plan. The motion carried 4-0 by the following roll call vote:

AYES: Council Members: Espinoza, Samra, Land, and Vierra

NOES: Council Members: None

ABSENT: Council Members: Aguilar

12. Provide Staff Direction Concerning Adoption of the Regional Transportation Impact Fee (RTIF).

Council Member Samra asked to see this brought forward for further discussion.

Council Member Land agreed to move forward.

City Attorney Sanchez noted that the consensus is to move forward with the notice or bring Jesse Brown here and get more information from MCAG

ADJOURNMENT

 

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