How They Voted in 2012

January

JANUARY 03, 2012 AGENDA PACKET

JANAURY 03, 2012 Draft Minutes

CLOSED SESSION

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

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

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

Closed Session Announcements : No Reportable Actions

PUBLIC HEARINGS

1. Resolution Conditionally Approving Site Plan/Design Review 2011-01 for the Taco Bell Project.

Motion: M/S Samra/Land to approve Resolution No. 2012-01

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

AYES: Council Members: Espinoza, Land, and Samra

NOES: Council Members: None

ABSENT: Council Members: Aguilar, Vierra

2. 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 Setbacks, Setback Exceptions, Maximum Site Coverage and Maximum Floor Area Ratio Concerning Residential Rear Yards.

Motion: M/S Espinoza/Samra to send this item back to the Planning Commission with comments.

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

AYES: Council Members: Espinoza, Land, and Samra

NOES: Council Members: None

ABSENT: Council Members: Aguilar, Vierra

CONSENT CALENDAR

3. Approval of Minutes of Meeting Held on December 5, 2011.

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

5. Approval of Warrant Register Dated December 14, 2011.

6. Approval of Warrant Register Dated December 28, 2011.

Motion: M/S Espinoza/Land to approve consent agenda items 3 and 6.

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

AYES: Council Members: Espinoza, Land, and Samra

NOES: Council Members: None

ABSENT: Council Members: Aguilar, Vierra

Mayor Espinoza reopened item 6 to pull and discuss warrant #74127 and Council Member Land seconded it.

Motion: M/S Espinoza/Land to continue item 4 and approve consent agenda items 5 and 6.

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

AYES: Council Members: Espinoza, Land, and Samra

NOES: Council Members: None

ABSENT: Council Members: Aguilar, Vierra

DISCUSSION AND POTENTIAL ACTION ITEMS

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

Motion: M/S Samra/Espinoza to approve Resolution No. 2012-2

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

AYES: Council Members: Espinoza, Land, and Samra

NOES: Council Members: None

ABSENT: Council Members: Aguilar, Vierra

Water Rate Related Item of Interest

What Are We Going to Do About Watering Days

JANUARY 17, 2012 Agenda Packet

January 17, 2012 Draft Minutes

CLOSED SESSION

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

2. Conference with Legal Counsel—Potential Litigation [(Government Code Section 54956.9(b)(1)] Number of Cases: 2

3. Conference with Real Property Negotiator (Government Code Section 54956.8)Property: APN Numbers: 046-250-006, 046-250-12, 047-090-12, 047-090-18, 047-090-19, 047-090-24; and 047-200-004 Negotiating Party: Jose Antonio Ramirez, City Manager…Under Negotiation: Terms, Lease of Property

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

Closed Session Announcements "No Reportable Action"

PUBLIC HEARINGS

1. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Prezoning the Gallo Project Northwest of Vinewood and Robin Avenues.

Motion: M/S Samra/Aguilar to introduce and waive the first reading

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

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

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

2. Resolution Accepting the Proposal Submitted by Telecion Communications Group to Provide Shoretel Telecommunications Service Contract, Awarding a Professional Contract to Telecion Communications Group and Authorizing the City Manager to Execute the Service Agreements with Telecion Communications Group for Telecommunication Services at City Hall, Police Department, Public Works and Fire Department.

Motion: M/S Espinoza/Aguilar to adopt Resolution No. 2012-5,

The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

3. Resolution Accepting Submittal of a Proposition 84 Grant Application to Construct the New Court Theater, Office Buildings and Downtown Parking Structure; Prepare a Downtown Master Plan and Form-Based Zoning Code; and Provide Passive Recreation Activities at the Merced River.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2012-6,

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

NOES: Council Members: None

ABSENT: Council Members: None

4. Resolution Authorizing the City Manager to Sign a Support Letter to Participate in the Southwest Solar Transformation Initiative Program. Passed 5 – 0

5. Resolution Accepting the Dedication of Lot “C” and Water Well Improvements (Well No. 16) on Lot “C” of Country Lane Subdivision as Shown on the Final Map for Country Lane Subdivision and Authorizing the City Manager to Release the Surety Bonds for Water Well Improvements by Livingston Country Lane, L.P., a California Corporation.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2012-7

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

NOES: Council Members: None

ABSENT: Council Members: None

6. Resolution Awarding Purchase Contracts to N&S Tractor Company, Merced, CA, Holt of California, Turlock, CA and Mission Valley Ford, San Jose, CA, Approving the Expenditure of Funds for the “CMAQ – Purchase Four (4) Replacement Heavy Duty Vehicles for Construction Activities” and Authorizing the City Manager to Execute Purchase Contracts with Respective Companies and any Change Orders Thereto. Passed 5 – 0

7. City Council Designation of Equipment/Property as Surplus and Authorizing Staff to Dispose of Property Appropriately.

Motion: M/S Samra/Espinoza to approve consent agenda item 7.

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

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

NOES: Council Members: None

ABSENT: Council Members: None

8. Approval of Warrant Register Dated January 11, 2012.

City Engineer Gottiparthy noted a correction to item 6 relating to costs.

Motion: M/S Land/Espinoza to approve consent agenda items 4, 6 as corrected, and 8.

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

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Resolution of the City Council of the City of Livingston Determining that the City of Livingston Has Not Forgiven Any Debt by the Livingston Redevelopment Agency Pursuant to Assembly Bill 936.

Motion: M/S Vierra/Land to adopt Resolution No. 2012-8,

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

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

NOES: Council Members: None

ABSENT: Council Members: None

10. Resolution of the City Council of the City of Livingston Electing to Transfer All Rights, Responsibilities and Functions Related to Housing for the Livingston Redevelopment Agency to the City of Livingston.

Motion: M/S Aguilar/Espinoza to adopt Resolution No. 2012-9,

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

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

NOES: Council Members: None

ABSENT: Council Members: None

ADJOURNMENT

Water Rate Related Item of Interest: Will the Utility Rate Stakeholders Committee Pick Water Consultants 4 & 5? (Note from TheGardeningSnail: The Committee decided to select Kennedy-Jenks as the “recommended” Consultant to do a Feasibility Study.)

FEBRUARY

FEBRUARY 07, 2012 Agenda Packet

February 07, 2012 Draft Minutes

CLOSED SESSION

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

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

PUBLIC HEARINGS

3. 2012 CDBG Program Application.

Council Member Samra suggested that staff be directed to move forward and apply for the grant.

Mayor Pro-Tem Aguilar stated that City staff and the City Manager made great points that we need to cover and she agreed with Council Members Vierra and Land.

CONSENT CALENDAR

4. Resolution for the Acceptance of the State-Legislated Safe Routes to Schools Sidewalk Installation Cycle 8 SRTSL – 5256 (010) Project, Authorizing the City Clerk to Record a Notice of Completion with Merced County and Authorizing the City Manager to Release Performance and Material Bonds and to Make Final Payment of Retention Monies to Teichert Construction Company.

5. Resolution of the City Council of the City of Livingston Promoting Healthy Eating/Healthy Living.

6. Approval of Minutes of Meeting Held on January 3, 2012.

7. Approval of Warrant Register Dated February 1, 2012.

Mayor Espinoza noted that item 4 will be continued to the next meeting.

Motion: M/S Samra/Aguilar to approve consent agenda items 5, 6, and 7.

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

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Adopt Resolution Authorizing the City Manager to Enter into a Lease with the Livingston Chamber of Commerce for 641 Main Street (APN 024-145-011).

Motion: M/S Espinoza/Land to adopt Resolution No. 2012-12,

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

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

NOES: Council Members: None

ABSENT: Council Members: None

9. Resolution of the City Council of the City of Livingston Approving the Employment Agreement Between the City of Livingston and Ruben Chavez for the Position of Chief of Police.

Motion: M/S Espinoza/Aguilar to adopt Resolution No. 2012-10,

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

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

NOES: Council Members: None

ABSENT: Council Members: None

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

Motion: M/S Samra/Aguilar to approve Resolution No. 2012-13.

The motion carried 3-1 by the following roll call vote:

AYES: Council Members: Land, Aguilar, and Samra

NOES: Council Members: Vierra

ABSENT: Council Members: None

ABSTAIN: Council Members: Espinoza

11. Provide Staff Direction Concerning Amendments to the Livingston Municipal Code. It was decided a workshop at a later date would be needed

ADJOURNMENT

February 21, 2012 Agenda Packet

February 21, 2012 Draft Minutes

CLOSED SESSION

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

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

Regular Meeting

Closed Session Announcements

No announcements were made

CHANGES TO THE AGENDA

Mayor Espinoza added to the agenda a presentation by Julio Valadez regarding the Kite Festival.

Council Member Vierra pulled item 5 from the consent agenda for further discussion.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

2 Presentation – Livingston Family Apartments. The Pacific Companies has applied for Site Plan/Design Review, a Conditional Use Permit and a Development Agreement for 49 affordable apartment units and a community center to be located on a 4 acre parcel (APN: 047-310-028) just south of Peach Avenue and the canal on the west side of Main Street. They will present the item and ask Council for direction on specific Development Agreement items. Sent back for more negotiations

3. Presentation – City Manager Jose Antonio Ramirez – Itinerary, Capitol Hill Meetings – Infrastructure Needs, Digital Literacy and Economic Development for the City of Livingston– February 27 through March 1, 2012.

Some of the members decided they still wanted to go to Washington DC. despite other council members concerns about cost.

CONSENT CALENDAR

4. Resolution Awarding a Professional Engineering Services Contract to Prepare a Feasibility Analysis Report for a Centralized Water Treatment Strategy for the City’s Water Supply to Kennedy/Jenks Consultants, Portland, Oregon and Authorizing the City Manager to Execute the Agreement.

5. Approval of Personal Code of Conduct/Ethics for the City of Livingston.

Lengthy discussion followed and direction was given that staff revise the document and bring it back to the Council for consideration.

6. Approval of Minutes of Meeting Held on January 17, 2012.

7. Approval of Warrant Register Dated February 15, 2012.

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

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

8 Resolution of the City Council of the City of Livingston Acting in the Capacity as Successor Agency to the Redevelopment Agency of the City of Livingston, Adopting a Draft Recognized Obligation Payment Schedule (ROPS) Pursuant to Health and Safety Code Section 34177 (1).

Motion: M/S Samra/Aguilar to adopt Resolution No. 2012-15

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

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

NOES: Council Members: None

ABSENT: Council Members: None

ADJOURNMENT

MARCH

MARCH 6, 2012 Agenda Packet

MARCH 6, 2012 Draft Minutes

CLOSED SESSION: 6:00 P.M.

OPEN SESSION: 7:00 P.M.

CLOSED SESSION

3. Conference with Legal Counsel—Potential Litigation-[(Government Code Section 54956.9(b)(1)]-Number of Cases: 2

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

Regular Meeting

CLOSED SESSION ANNOUNCEMENTS

No announcements were made

CHANGES TO THE AGENDA

Council Member Vierra requested that Consent Agenda item 4 be pulled for discussion.

PUBLIC HEARINGS

1. Review Administrative Appeal 2012-01 and Provide Staff Direction Concerning CUP 2001-16 for 444 Main Street.

Motion: M/S Aguilar/Vierra to provide staff direction to come back and not to take action tonight and for staff to prepare a resolution to consider at a future meeting. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

2. 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 Setbacks, Setback Exceptions, Maximum Site Coverage and Maximum Floor Area Ratio Concerning Residential Rear Yards.

Motion: M/S Espinoza/Samra to introduce and waive the first reading of (the) Ordinance

The motion failed 2-3 by the following roll call vote:

AYES: Council Members: Espinoza, Samra

NOES: Council Members: Aguilar, Vierra and Land

ABSENT: Council Members: None

CONSENT CALENDAR

3. Resolution Authorizing the City Manager to File a Regional Surface Transportation Program(RSTP) Estimate Exchange Fund Claim Form for Fiscal Year 2011/2012.

4. Resolution Designating Certain Signatures for City Investment Accounts with Wells Fargo Bank, Northern California Community Loan Fund, and One Pacific Coast Bank.

Motion: M/S Vierra/Samra to approve consent item #4

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

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

NOES: Council Members: None

ABSENT: Council Members: None

5. Approval of Minutes of Meeting Held on February 7, 2012.

6. Approval of Warrant Register Dated February 29, 2012.

Council Member Samra corrected item 5 on page 7 of the Minutes. Mayor Pro Tem-Aguilar corrected item 5 on pages 8 and 12.

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

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Resolution Approving the Form of and Authorizing the Execution of a Memorandum of Understanding and Authorizing Participation in the Public Agency Coalition Enterprise (PACE) Medical Benefits Program.

Motion: M/S Vierra/Land to adopt Resolution No. 2012-18,

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

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

NOES: Council Members: None

ABSENT: Council Members: None

8. Resolution Approving an Agreement Between the City of Livingston and the City of Gustine to Provide Dispatch Services to the Gustine Police Department.

Motion: M/S Aguilar/Samra to adopt Resolution No. 2012-19, |

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

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

NOES: Council Members: None

ABSENT: Council Members: None

9. Resolution Authorizing the Purchase of CAD/RMS Software System from Sun Ridge Systems.

Motion: M/S Land/Aguilar to adopt Resolution No. 2012-20,

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

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

NOES: Council Members: None

ABSENT: Council Members: None

10. Resolution Approving a One Year Concessions Agreement with Paul Maurer Shows (PMS) and Authorizing the City Manager to Execute the Agreement.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2012-21,

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

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

NOES: Council Members: None

ABSENT: Council Members: None

ADJOURNMENT

MARCH 20, 2012 Agenda Packet

MARCH 20, 2012 Draft Minutes

CLOSED SESSION: 5:30 P.M.

OPEN SESSION: 7:00 P.M.

CLOSED SESSION

3. Conference with Legal Counsel—Potential Litigation-[(Government Code Section 54956.9(b)(1)]-Number of Cases: 4

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

Regular Meeting

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Justin Surratt, Schneider Electric Company, “Energy Saving Partnership.”

2. Presentation by Council Member Gurpal Samra,

One Voice Program. Again, there was disagreement about whether or not to spend the money.

GRANT ANNOUNCEMENTS ANNOUNCEMENTS AND REPORTS

PUBLIC HEARINGS

3. Introduce and Waive the First Reading of Ordinance No. ___, an Ordinance of the City Council of the City of Livingston Approving Development Agreement 2009-03 and Resolution to Approve Site Plan/Design Review 2009-03 and Confirming Conditional Use Permit 2009-03 for the Livingston Family Apartments.

Motion: M/S Espinoza/Land to introduce and waive the First Reading of Ordinance No.589

The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

4. Resolution of Intent to Change Posted Speed Limits at Various Locations Throughout the City.

Motion: M/S Aguilar/Espinoza to bring the item back at the next meeting. The motion carried 3- 2 by the following roll call vote:

AYES: Council Members: Espinoza, Aguilar, and Samra

NOES: Council Members: Vierra and Land

ABSENT: Council Members: None

CONSENT CALENDAR

5. Adopt Resolution Authorizing the City Manager to Execute Agreements with the California Department of Transportation for a Transportation Planning Grant Application.

6. Resolution Approving a Two (2) Year Memorandum of Understanding Between the City of Livingston and the Management and Confidential Employees Association.

Continued to next meeting.

7. Resolution Approving a Three (3) Year Extension to the Memorandum of Understanding Between the City of Livingston and the Clerical Employees Association.

Continued to next meeting.

8. Approval of Minutes of Meeting Held on February 21, 2012.

9. Approval of Warrant Register Dated March 14, 2012.

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

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Adopt Resolution of Intent Concerning Nonconforming Uses in the Highway Commercial (C-3) Zoning District.

Motion: M/S Espinoza/Aguilar to Adopt Resolution of Intent No. 2012-24

The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

11. Approval of Independent Contract with Gillroad Associates.

City Manager Ramirez pulled this item for consideration a later date.

12. Resolution Approving the First Amendment to City Manager Employment Agreement.

Motion: M/S Espinoza/Samra to adopt Resolution No. 2012-25

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

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

NOES: Council Members: None

ABSENT: Council Members: None

ADJOURNMENT

APRIL

APRIL 03, 2012 Agenda Packet

APRIL 03, 2012 Draft Minutes

CLOSED SESSION: 5:30 P.M.

OPEN SESSION: 7:00 P.M.

Closed Session

3. Conference with Legal Counsel—Potential Litigation-[(Government Code Section 54956.9(b)(1)]-Number of Cases: 2

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

Regular Meeting

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Jesse Brown, Executive Director, Merced County Association of Governments on the Regional Transportation Impact Fee (RTIF)

PUBLIC HEARINGS

2. Resolution Approving a 2012/2013 Application for Funding and the Execution of a Grant Agreement and any Amendments Thereto from the General Allocation of the State CDBG Program.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2012-25

The motion carried 4-0 by the following roll call vote:

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

NOES: : None

ABSENT: Mayo Pro-Tem Aguilar

3. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston to Allow Medical Offices/Clinics in a Low Density Residential (R-1) Zoning District with a Conditional Use Permit.

The item died for lack of a motion.

CONSENT CALENDAR

4. Resolution Approving the Merced County Association of Governments (MCAG) Work Program and Budget for Fiscal Year 2012/2013.

5. Resolution Approving a Two (2) Year Memorandum of Understanding Between the City of Livingston and the Management and Confidential Employees Association.

6. Resolution Approving a Three (3) Year Memorandum of Understanding Between the City of Livingston and the Clerical Employees Association.

Mayor Espinoza pulled Items 5 and 6 to comment that the City of Merced is making their employees pay more and Livingston is adding a Step F for some of its employees.

Motion: M/S Land/Vierra to approve Items 5 and 6. The motion carried 3-1 by the following roll call vote:

AYES: Council Members Land, Samra and Vierra

NOES: Mayor Espinoza

ABSENT: Mayor Pr0-Tem Aguilar

7. Waive the Second Reading and Adopt Ordinance No. 598 of the City Council of the City of Livingston Approving Development Agreement 2009-03.

Council Member Vierra pulled item for questions. He feels the City is giving the developer too many concessions in the Development Agreement.

Motion: M/S Samra/Espinoza to approve Item 7. The motion carried 3-1 by the following roll callvote:

AYES: Mayor Espinoza and Council Members Land and Samra

NOES: Council Member Vierra

ABSENT: Mayor Pro-Tem Aguilar

8. Approval of Warrant Register Dated March 28, 2012.

Motion: M/S Land/Vierra to approve Items 4 and 8. The motion carried 4-0 by, the following rollcall vote:

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

NOES: None

ABSENT: Mayor Pro-Tem Aguilar

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Provide Direction to Staff on Modifying LMC 7-4 Concerning the Fireworks Rotation List.

City Attorney Lindgren summarized that there is no direction to staff and no changing of the current booth situation this year.

10. Approve Resolution Approving Administrative Appeal 2012-01 and Revoking Conditional Use Permit 2001-05 for 444 Main Street.

Motion: M/S Land/Vierra to adopt Resolution No. 2012-29

The motion carried 4-0 by the following roll call vote:

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

NOES: None

ABSENT: Mayor Pro-Tem Aguilar

ADJOURNMENT

APRIL 17, 2012 City Council Agenda Packet

APRIL 17, 2012 Draft Minutes

CLOSED SESSION: 5:30 P.M.

OPEN SESSION: 7:00 P.M.

CLOSED SESSION

3. Public Employee Performance Evaluation (Government Code Section 54957) Title: City Attorney

4. Public Employee Performance Evaluation (Government Code Section 54957 Title: City Manager

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

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

Regular Meeting

Closed Session Announcements

City Attorney Sanchez reported that Items 3 and 4 were continued to the next meeting.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Justin Surratt, Schneider Electric Company, "Energy Saving Partnership."

2. Presentation by Ritem Sandhu, Outreach Specialist, California Health Collaborative, Merced County Tobacco Control Program, "Tobacco Sales to Minors in Efforts for the City of Livingston to adopt a Tobacco Retail Licensing Policy."

CONSENT CALENDAR

3. Resolution Awarding a Professional Services Contract to Provide Water, Wastewater and Solid Waste Utility Rate Studies, Community Outreach and Proposition 218 Balloting Services to Hansford Economic Consulting (HEC) Truckee, California and Authorizing the City Manager to Execute the Agreement.

Councilmember Samra stated that Item 3 should not read as utility rate stakeholder’s committee, it should be stakeholders committee; therefore, please correct that for the future. He then asked for clarification on the recommendation.

(Note from TheGardeningSnail: No. It is NOT a “stakeholders committee”, It is a Utility Rate Stakeholders Committee)

4. Resolution Ratifying Appointments by the Mayor to the Oversight Board for the Former Livingston Redevelopment Agency.

5. Resolution Approving the Designation of the Official Representative and Alternate Representative to the PACE JPA Board of Directors.

City Attorney Sanchez stated he had some corrections to Item 4; the resolution itself doesn’t have the names of the appointments and he wanted to fill in those names. #1) Jose Antonio Ramirez and #2) Jasmin Bains, and item 5 should show the name of Odi Ortiz on the resolution.

6. Resolution Supporting Camp Green Meadows Outdoor School’s Summer Camp.

7. Approval of Minutes of Meeting Held on March 6, 2012.

8. Approval of Warrant Register Dated April 12, 2012.

Motion: M/S Espinoza/Aguilar to approve the consent agenda items with corrections. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Continuation of Closed Session if Necessary.

A continued Closed Session was not needed

MAY

MAY 01, 2012 Agenda Packet

MAY 01, 2012 Draft Minutes

CLOSED SESSION: 5:30 P.M.

1. Call to Order.

2. Roll Call.

CLOSED SESSION

3. Public Employee Performance Evaluation(Government Code Section 54957) Title: City Attorney

4. Public Employee Performance Evaluation(Government Code Section 54957 Title: City Manager

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

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

Regular Meeting

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Livingston Middle School Roadmap Team – Underage Alcohol Access in Livingston – Group Members Jacob Long, Samantha Henry, Ramandeep Kaur, Corey Nego, Faateh Mukhtar and Group Advisor Christopher Jensen, Alcohol and Drug Prevention Specialist, Merced County Department of Mental Health.

CONSENT CALENDAR

2. Resolution Awarding Construction Contract to California Trenchless, Inc., Dublin, CA for the Phase 2 Water Line Improvements Project, Approving Expenditure of Funds and Authorizing the City Manager to Execute a Construction Contract and any Change Orders thereto with California Trenchless, Inc.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2012-37

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

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

NOES: Council Members: None

ABSENT: Council Members: None

3. Resolution of the City Council of the City of Livingston Acting in the Capacity as Successor Agency to the Former Redevelopment Agency of the City of Livingston Adopting an Amended Recognized Obligation Payment Schedule (ROPS) Pursuant to Health and Safety Code Section 34177 (1) for the Period Ending June 30, 2012.

4. Resolution of the City Council of the City of Livingston Acting in the Capacity as Successor Agency to the Former Redevelopment Agency of the City of Livingston Adopting a Draft Recognized Obligation Payment Schedule (ROPS) for the Period of July 2012 – December 2012 Pursuant to Health and Safety Code Section 34177 (1).

5. Resolution Opposing Governor Brown’s Proposed Reductions to Early Care and Education Child Development Programs.

6. Approval of Minutes of Meeting Held on March 20, 2012.

Motion: M/S Aguilar/Espinoza to approve consent agenda Items 3 through 6. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

7. Approval of Warrant Register Dated April 26, 2012. (Note from TheGardeningSnail; I’ll have to listen to the audio for this one)

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Review Sections of the Livingston Municipal Code for a Future Workshop.(Note from TheGardeningSnail. Parts of the Code to be looked at have to do with the following items which come under the heading of “Police Regulations”)

No action was taken that night and discussion were put off until some time in the future

9. Approval of Independent Contract with Gillroad Associates

Motion: M/S Espinoza/Aguilar to approve the Independent Contract with Gillroad Associates.

The motion failed 2-3 by the following roll call vote:

AYES: Council Members: Espinoza and Aguilar

NOES: Council Members: Samra, Vierra and Land

ABSENT: Council Members: None

Motion: M/S Samra/Land to continue the item to the next meeting inviting the other two applicants. The motion was approved 3-2 by the following roll call vote:

AYES: Council Members: Land, Samra and Aguilar

NOES: Council Members: Espinoza and Vierra

ABSENT: Council Members: None

10. City Council Discuss and Provide Staff Direction on the Implementation of the Regional Transportation Impact Fee (RTIF).

Motion: M/S Samra/Espinoza to provide staff direction to move forward on the Implementation of the Regional Transportation Impact Fee (RTIF).

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

ADJOURNMENT

MAY 15, 2012 Agenda Packet

MAY 15, 2012 Draft Minutes

CLOSED SESSION: 5:30 P.M.

OPEN SESSION: 7:00 P.M.

CLOSED SESSION

3. Public Employee Performance Evaluation(Government Code Section 54957), Title: City Attorney

4. Public Employee Performance Evaluation(Government Code Section 54957 – Title: City Manager

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

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

Regular Meeting

CLOSED SESSION ANNOUNCEMENTS

City Attorney Sanchez announced that the Council was not able to finish all the items, therefore, they will be continued until the next meeting.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation and Swearing in of the Livingston Police Department Explorer Post by Chief Ruben Chavez, Sergeant Ray Fong, Officer Zeus Baldivia and Officer Richard Macchia, Livingston Police Department.

CONSENT CALENDAR

2. Resolution for the Acceptance of the Road Widening and Associated Improvements on Main Street/Lincoln Boulevard Adjacent to Livingston High School Completed by the Merced Union High School District, Authorizing the City Clerk to Record a Notice of Completion with Merced County and Authorizing the City Manager to Record the Grant Deeds for Rights-of-Way Dedication.

3. Resolution for the Acceptance of the State-Legislated Safe Routes to Schools Sidewalk Installation Cycle 8 SRTSL – 5256 (010) Project, Authorizing the City Clerk to Record a Notice of Completion with Merced County and Authorizing the City Manager to Release Performance and Material Bonds and to Make Final Payment of Retention Monies to Teichert Construction Company.

4. Approval of Warrant Register Dated May 10, 2012.

Motion: M/S Samra/Vierra to approve consent agenda Items 2-4. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

5. Award of Independent Contract with Gillroad and Associates.

Motion: M/S Samra/Espinoza to approve an independent contract with Jim Gordon and direct staff to prepare a professional services agreement for Ms. Dossetti and place it on the consent calendar for the next meeting.

The motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

6. Resolution Approving Amendment No. 2 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 City Manager to Execute the Amendment.

Motion: M/S Vierra/Samra to adopt Resolution No. 2012-40

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

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

NOES: Council Members: None

ABSENT: Council Members: None

7. Review Livingston Municipal Code Section 11-3-3 (D) and Provide Staff Direction Concerning Truck Parking on Joseph Gallo Drive and Court.

Motion: M/S Vierra/Land to approve the current staff report with no stopping signs on both sides of Gallo and Winton Parkway and B Street to Robin.

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

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

NOES: Council Members: None

ABSENT: Council Members: None

ADJOURNMENT

MAY 22, 2012 SPECIAL MEETING AGENDA PACKET

MAY 22, 2012 Special Meeting Draft Minutes

6:00 P.M.

Special Meeting

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Joe Davi, City Building Inspector, Code Enforcement Update.

CITIZEN COMMENTS

DISCUSSION AND POTENTIAL ACTION ITEMS

2. Approval of Director of Public Works Job Description.

Motion: M/S Espinoza/Land to approve the Director of Public Works job description with modifications and to advertise for 30 days.

The motion carried 3-1 by the following roll call vote:

AYES: Council Members: Espinoza, Land, and Samra

NOES: Council Members: Vierra

ABSENT: Council Members: Aguilar

ADJOURNMENT

JUNE 7, 2012 Special Meeting Agenda Packet

JUNE 07 Special Meeting Draft Minutes

CLOSED SESSION: 6:00 P.M.

OPEN SESSION: 7:00 P.M.

CLOSED SESSION

3. Public Employee Performance Evaluation (Government Code Section 54957 – Title: City Manager

4. Public Employee Performance Evaluation(Government Code Section 54957) – Title: City Attorney

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

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

CLOSED SESSION ANNOUNCEMENTS

City Attorney Sanchez announced that the Council would continue the Closed Session after the Special Meeting.

PUBLIC HEARINGS

1. Resolution Conditionally Approving Site Plan/Design Review 2012-01 for the Metro PCS Antenna Project.

Motion: M/S Samra/Aguilar to approve Resolution No. 2012-41

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

NOES: Council Members: None

ABSENT: Council Members: None

2. Resolution Conditionally Approving Site Plan/Design Review 2012-02 for the AT&T Antenna Project.

Motion: M/S Aguilar/Land to approve Resolution No. 2012-42

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

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

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT AGENDA

3. Denial of Claim for Damages from Mike Sperry.

4. Approval of Minutes of Meeting Held on April 3, 2012.

5. Approval of Warrant Register Dated June 1, 2012.

Motion: M/S Aguilar/Espinoza to approve the consent agenda calendar. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

b. Continuation of Closed Session if Necessary.

The Council went back into Closed Session at 7:45 p.m.

OPEN SESSION

The Council came out of Closed Session at 9:02 p.m.

Mayor Espinoza stated that they finished the evaluations of the City Manager and the City Attorney and all was very favorable with both of their performances.

ADJOURNMENT

JUNE 19, 2012 Agenda Packet

JUNE 19, 2012 Draft Minutes

CLOSED SESSION: 6:00 P.M.

OPEN SESSION: 7:00 P.M.

CLOSED SESSION

3. Conference with Legal Counsel—Potential Litigation[(Government Code Section 54956.9(b)(1)] – Number of Cases: 2

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

CLOSED SESSION

The Closed Session was cancelled.

Regular Meeting

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Introduction of Livingston High School Hispanic Youth Leadership Club members, Rolando Chavez, Sandra Ayala, Gabriela Verduzco, Gerardo Aguilar, Evelin Amezcua, Rocio Amezcua, Laura Marroquin, Garbriela Mejia, Karen Pinales, Laura Ramirez, and Advisor, Clara Patty Moran.

2. Introduction of Patricia Vargas, new Reverend of Our Redeemer Lutheran Church.

PUBLIC HEARINGS

3. Introduce and Waive the First Reading of Ordinance No.___ of the City Council of the City of Livingston Adopting the Regional Transportation Impact Fee (RTIF).

Motion: M/S Espinoza/Samra to continue the item. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Espinoza, Land, and Samra

NOES: Council Members: None

ABSENT: Council Members: Aguilar, Vierra

CONSENT CALENDAR

4. 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 2012/2013, Approval of the Annual Engineer’s Report and Setting a Time and Place for a Public Hearing.

5. 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 2012/2013, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing.

6. Approval of Independent Contract With Dossetti Consulting.

7. Resolution Approving a Two (2) Year Memorandum of Understanding Between the City of Livingston and the AFSCME Public Works and Parks Employees Unit.

Mayor Espinoza asked that Item 7 be continued.

Motion: M/S Espinoza/Samra to continue Item 7. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Espinoza, Land, and Samra

NOES: Council Members: None

ABSENT: Council Members: Aguilar, Vierra

8. Approval of Minutes of Meeting Held on April 17, 2012.

9. Approval of Minutes of Meeting Held on May 1, 2012.

10. Approval of Minutes of Meeting Held on May 15, 2012.

11. Approval of Warrant Register Dated June 15, 2012.

Motion: M/S Land/Samra to approve consent agenda Items 4, 5, 6, 8, 9, 10, and 11. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Espinoza, Land, and Samra

NOES: Council Members: None

ABSENT: Council Members: Aguilar, Vierra

DISCUSSION AND POTENTIAL ACTION ITEMS

12. City Council to Approve Six Month Interim Extension for Solid Waste Contract with Gilton Solid Waste Management, Inc. and Authorize City Manager to Solicit a Request for Proposals (RFP).

Motion: M/S Espinoza/Land to approve

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

AYES: Council Members: Espinoza, Land, and Samra

NOES: Council Members: None

ABSENT: Council Members: Aguilar, Vierra

13. Fiscal Year 2012-2013 Budget Workshop #2: General Fund Discussion if Needed and Special Revenue Funds.

A second workshop for the Fiscal Year 2012-2013 Budget was held. Various funds were reviewed and discussed. No Council action was taken.

ADJOURNMENT

JULY 03, 2012 Agenda Packet

JULY 03, 2012 Draft Minutes

OPEN SESSION: 7:00 P.M.

Regular Meeting

CALL TO ORDER Next Resolution Number: 2012-45

Next Ordinance Number: 599

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Justin Surratt, Schneider Electric – Solar Power Proposal.

Justin Surratt presented the modifications that were requested for Council consideration.

Brief discussion followed. The Council took no action on this item.

2. Presentation by Ritem Sandhu, Outreach Specialist, California Health Collaborative, Merced County Tobacco Control Program, “Tobacco Sales to Minors in Efforts for the City of Livingston to Adopt a Tobacco Retail Licensing Policy.”

Mayor Espinoza directed the City Manager to proceed with drafting an Ordinance for Council consideration

GRANT ANNOUNCEMENTS

ANNOUNCEMENTS AND REPORTS

PUBLIC HEARINGS

3. Introduce and Waive the First Reading of Ordinance No.___ of the City Council of the City of Livingston Adopting the Regional Transportation Impact Fee (RTIF).

Motion: M/S Samra/Espinoza to Introduce and Waive the First Reading of Ordinance No. 599

The motion carried 3-1-0 by the following roll call vote:

AYES: Council Members: Espinoza, Aguilar, and Samra

NOES: Council Members: Land

ABSENT: Council Members: Vierra

CONSENT CALENDAR

4. Resolution for the Acceptance of the Picnic Areas and Restroom Facilities at Walnut Sports Complex Project 06-01680, Authorizing the City Clerk to Record a Notice of Completion with Merced County and Authorizing the City Manager to Release Performance and Material Bonds and to Make Final Payment of Retention Monies to Harris, Builders, Inc.

5. Resolution Authorizing the City Manager to Continue Making Required Expenditures to Meet Current or Immediate Financial Obligations Until the 2012/13 Fiscal Year Budget is Adopted.

6. Adopt Resolutions Calling, Giving Notice of and Requesting that the County of Merced Consolidate the City’s Municipal Election with the Statewide 2012 General Election.

Council Member Land pulled item 6 for discussion. She requested to bring this item back at a later date due to the upcoming election. Discussion followed.

Motion: M/S Land/Espinoza to table item 6. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Member Vierra

7. Resolution Authorizing the City Manager to Remove all Contents, Surrender and Execute a Release of Liability Pertaining to the Safety Deposit Box at WestAmerica Bank, Formerly Bank of America.

8. Approval of Minutes of Meeting Held on May 22, 2012.

9. Approval of Warrant Register Dated June 28, 2012.

Motion: M/S Espinoza/Aguilar to approve consent agenda items 4, 5, 7, 8, and 9. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Fiscal Year 2012-2013 Budget Workshop #3: Special Revenue Funds, Development Impact Fees, Enterprise Funds and Redevelopment Agency Obligation Retirement Funds.

A question and answer period followed. No action was taken by the Council.

Mayor Espinoza left the meeting at 9:45 p.m. No reason was given.

ADJOURNMENT

JULY 17, 2012 Agenda Packet

JULY 17, 2012 Draft Minutes not yet available

CLOSED SESSION: 6:00 P.M.

OPEN SESSION: 7:00 P.M.

Closed Session

1. Call to Order.

2. Roll Call.

3. Conference with Legal Counsel – Potential Litigation [(Government Code Section 54956.9(b)(2)] Number of Cases: 2

4. Conference with Legal Counsel – Existing Litigation [(Government Code Section 54956.9(a)] – Michael Sperry vs. City of Livingston, et al, Merced County Superior Court Case No. CV002762

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

Regular Meeting

Next Resolution Number: 2012-50

Next Ordinance Number: 600

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Mayor Rodrigo Espinoza of Recognition Certificates to Police Explorer Post Volunteers at Sweet Potato Festival.

GRANT ANNOUNCEMENTS

2. USDA Rural Development Community Facilities Grant Program for funding year 2012-2013 in the amount of $30,000 for the purchase of two police patrol vehicles.

PUBLIC HEARINGS

3. 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 2012/2013.

4. 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 Assessments Districts, Confirming Assessments for Fiscal Year 2012/2013.

CONSENT CALENDAR

5. Resolution for the Acceptance of the Energy Efficiency and Conservation Block Grant (EECBG) – Grant No. CBG-09-093- “Replacement of Motors at Water Wells 8,9,11 and 13”, and “Citywide Streetlight Retrofit Project”, Authorizing the City Clerk to Record Notices of Completion with Merced County and Authorizing the City Manager to Release Performance and Material Bonds and to Make Final Payment of Retention Monies to Shannon Pump Company and to Tennyson Electric, Inc.

6. Adopt Resolution Authorizing the City Manager to Execute Agreements with the Stewardship Council for a Grant Application.

7. Resolution Approving a Two (2) Year Memorandum of Understanding Between the City of Livingston and the AFSCME Public Works and Parks Employees Unit.

8. Approval of Warrant Register Dated July 13, 2012.

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Approval of Investment Grade Audit Contract with Schneider Electric, Inc.

10. Rental of Max Foster Sports Complex Picnic Shelter.

ADJOURNMENT

Notice of Meeting Cancellation: Special Meeting Dated July 19, 2012

CITY COUNCIL SPECIAL MEETING AGENDA Packet JULY 26, 2012

July 26,2011 Draft Meeting Minutes

Meeting Time: 6:00 P.M.

Special Meeting

Next Resolution No. 2012-56

Next Ordinance No. 600

Roll Call. Changes to the Agenda.

CITIZEN COMMENTS

CLOSED SESSION

Adjourn to City Council Chambers Conference Room.

1. Conference with Legal Counsel – Potential Litigation [(Government Code Section 54956.9(b)(2)] Number of Cases: 1

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

OPEN SESSION

Resume Open Session in City Council Chambers.

3. Closed Session Announcements.

DISCUSSION AND POTENTIAL ACTION ITEMS

4. Resolution Approving a One (1) Year Memorandum of Understanding Between the City of Livingston and the Livingston Police Officers’ Association (LPOA) Employees Unit.

Motion: M/S Samra/Espinoza to adopt Resolution 2012-56,  for the period July 1, 2011 through June 30, 2012. The motion carried 3-0 by the following roll call vote:

AYES: Council Members: Espinoza (reluctantly), Land (against my better judgment), and Samra (reluctantly)

NOES: Council Members: None

ABSENT: Council Members: Vierra and Aguilar

ADJOURNMENT

AUGUST 7, 2012 Agenda Packet

AUGUST 7, 2012 Draft Minutes

CLOSED SESSION: 6:00 P.M.

OPEN SESSION: 7:00 P.M.

Closed Session

1. Call to Order.

2. Roll Call.

3. Conference with Legal Counsel – Potential Litigation[(Government Code Section 54956.9(b)(2)] Number of Cases: 2

4. Conference with Legal Counsel – Existing Litigation [(Government Code Section 54956.9(a)] – Michael Sperry vs. City of Livingston, et al, Merced County Superior Court Case No. CV002762

Regular Meeting

Next Resolution Number: 2012-57

Next Ordinance Number: 600

Changes to the Agenda

Council Member Vierra pulled agenda Item No. 7 for discussion.

Council Member Samra requested that Check No. 75677 be pulled for a separate vote.

Mayor Pro-Tem Aguilar requested that Check No.75606 be pulled for discussion

CONSENT CALENDAR

1. Resolution Approving Authorized Staff Signatories to the Awarded Congestion Mitigation and Air Quality (CMAQ) Grant CML-5256(012).

2. Resolution Approving Submittal of a Grant Application to the California Department of Housing and Community Development (HCD) for HOME Investment Partnerships Program Funds.

3. Approval of Minutes of Meeting Held on June 7, 2012.

4. Approval of Minutes of Meeting Held on June 12, 2012.

5. Approval of Minutes of Meeting Held on June 19, 2012.

6. Approval of Minutes of Meeting Held on July 26, 2012.

7. Approval of Warrant Register Dated August 3, 2012.

Motion: M/S Land/Aguilar to approve consent agenda items 1 through 6. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Council Member Vierra pulled item 7 for discussion. He noticed there were six more bills for the festival and he asked if they were included. He also asked if the County had raised their animal control fees.

City Manager Ramirez confirmed that the Police Chief did mention the County had raised their fees.

Council Member Vierra asked don’t they normally notify us as a Council.

Council Member Land added that she believed it was mentioned at the last meeting.

Motion: M/S Land/Vierra to approve consent agenda item 7 excluding check numbers 75606 and 75677. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Motion: M/S Espinoza/Aguilar to approve consent agenda item 7, check number 75677. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Motion: M/S Espinoza/Aguilar to continue payment of check number 75606. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Designate Voting Delegate for Annual League of California Cities Conference.

Motion: M/S Samra/Aguilar to designate Mayor Espinoza 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: Espinoza, Land, Aguilar, and Samra

NOES: Council Members: Vierra

ABSENT: Council Members: None

9. Update/Discussion on Fiscal Year 2012-2013 Budget: General Fund.

ADJOURNMENT

AUGUST 21, 2012 Agenda Packet

AUGUST 21, 2012 Draft Meeting Minutes

CONCURRENT MEETING

CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LIVINGSTON

CLOSED SESSION

3. Conference with Legal Counsel – Potential Litigation [(Government Code Section 54956.9(b)(2)]

Number of Cases: 2

4. Conference with Labor Negotiator (Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

Regular Meeting

Changes to the Agenda

Council Member Vierra pulled item 5 on the consent agenda.

Council Member Land pulled item 5 for a separate vote.

Mayor Espinoza pulled check numbers 75725 and 75786 for discussion

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of Certificates of Appreciation to the 4th of July Committee and Livingston High School Hispanic Youth Leadership Club Members – 4th of July Committee and City Manager Jose Antonio Ramirez.

GRANT ANNOUNCEMENTS

2. California Department of Transportation grant award of $100,000 for the Livingston B and Main Street Gateway and Connectivity Plan.

PUBLIC HEARINGS

3. Resolution Setting the City of Livingston’s Gann Appropriation Limit for the Fiscal Year 2012-2013.

Motion: M/S Samra/Aguilar to adopt Resolution No. 2012-59 Setting the City of Livingston’s Gann Appropriation Limit for the Fiscal Year 2012-2013. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

4. Public Hearing – Resolution of the City Council of the City of Livingston Approving the City of Livingston Budget for Fiscal Year 2012-2013.

Motion: M/S Aguilar/Samra to approve Resolution No. 2012-60, a Resolution of the City Council of the City of Livingston Approving the City of Livingston Budget for Fiscal Year 2012-2013. The motion carried 3-2 by the following roll call vote:

AYES: Council Members: Espinoza, Aguilar, and Samra

NOES: Council Members: Land and Vierra

ABSENT: Council Members: None

CONSENT CALENDAR

5. Resolution to Award a Professional Services Contract for Providing Community Outreach and Proposition 218 Balloting Services to GoodStanding Outreach, Reno, Nevada and Authorizing the City Manager to Execute the Agreement.

6. Denial of Claim for Damages from Camilo Rodriguez and Rosario Torralba Hernandez.

7. Approval of Minutes of Meeting Held on July 3, 2012.

8. Approval of Warrant Register Dated August 17, 2012.

9. Resolution of the City Council of the City of Livingston Acknowledging the Separate Legal Existence of the Successor Agency to the Redevelopment Agency of the City of Livingston.

Motion: M/S Land/Aguilar to approve consent agenda item 6, 7, and 8 minus the checks for discussion and 9. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

Motion: M/S Aguilar/Espinoza to move Item No. 5 to the next meeting. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Motion: M/S Espinoza/Aguilar to approve consent agenda Item No. 8, check numbers 75786 and 75725. The motion carried 5-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

SUCCESSOR AGENCY CONSENT CALENDAR

10. Resolution of the Successor Agency to the Redevelopment Agency of the City of Livingston Designating Officers and Adopting Administrative and Operating Procedures.

11. Resolution of the Successor Agency to the Redevelopment Agency of the City of Livingston Approving the Draft Recognized Obligation Payment Schedule (ROPS III) for the Period of January 1, 2013 through June 30, 2013, Pursuant to Health and Safety Code Section 34177.

Motion: M/S Samra/Aguilar to adopt Resolution No. 2012-1 of the Successor Agency to the Redevelopment Agency of the City of Livingston Designating Officers and Adopting Administrative and Operating Procedures, and Resolution No. 2012-2 of the Successor Agency to the Redevelopment Agency of the City of Livingston Approving the Draft Recognized Obligation Payment Schedule (ROPS III) for the Period of January 1, 2013 through June 30, 2013, Pursuant to Health and Safety Code Section 34177. The motion carried 5-0 by the following roll call vote:

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

NOES: Agency Members: None

ABSENT: Agency Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS: none

ADJOURNMENT

SEPTEMBER 04, 2012 Agenda Packet

Draft Minutes September 4, 2012.

CONCURRENT MEETING

CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LIVINGSTON

CLOSED SESSION

3. Conference with Legal Counsel – Potential Litigation[(Government Code Section 54956.9(b)(2)]

Number of Cases: 2

4. Public Employee Appointment(Government Code Section 54957)

Title: Public Works Director

5. Conference with Labor Negotiator(Government Code Section 54957.6) Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

Regular Meeting

CONSENT CALENDAR

1. Resolution Amending the City of Livingston Conflict of Interest Code and Accepting Biennial Notice.

2. Approval of Warrant Register Dated August 29, 2012.

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

SUCCESSOR AGENCY CONSENT CALENDAR

3. Resolution Approving the Fiscal Year 2012-2013 Budget for the Successor Agency to the Redevelopment Agency of the City of Livingston.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2012-3 approving the Fiscal Year 2012-2013 Budget for the Successor Agency to the Redevelopment Agency of the City of Livingston.

The motion carried 4-0 by the following roll call vote:

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

NOES: Agency Members: None

ABSENT: Agency Members: Vierra

DISCUSSION AND POTENTIAL ACTION ITEMS

4. Resolution of the City Council of the City of Livingston Approving the Employment Agreement Between the City of Livingston and Humberto Molina for the Position of Public Works Director.

Motion: M/S Espinoza/Aguilar to adopt Resolution No. 2012-63 approving the Employment Agreement between the City of Livingston and Humberto Molina for the Position of Public Works Director. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

5. Approval of Investment Grade Audit Contract with Schneider Electric.

Motion: M/S Land/Aguilar to approve the Investment Grade Audit Contract with Schneider Electric. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

6. Provide Staff Direction Concerning Truck Parking Signage on Joseph Gallo Court.

It was the consensus of the Council to table this item to the next meeting

ADJOURNMENT

SEPTEMBER 26, 2012 AGENDA PACKET

DRAFT MEETING MINUTES SPECIAL MEETING SEPTEMBER 26, 2012

A Special Meeting of the Livingston City Council was held on September 26, 2012, in the City Council Chambers with Mayor Espinoza presiding.

SPECIAL MEETING

CALL TO ORDER

Mayor Espinoza called the meeting to order at 6:00 p.m.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Margarita Aguilar

Council Member Frank Vierra (Excused Absence)

Council Member Theresa Land

Council Member Gurpal Samra

CHANGES TO THE AGENDA

None.

CITIZENS COMMENTS

None.

DISCUSSION AND POTENTIAL ACTION ITEMS

1. Resolution Awarding Construction Contract to Rolfe Construction, Atwater, California, Approving the Expenditure of Construction Funds for the Pavement Rehabilitation – Various City Streets 2012 Project and Authorizing the City Manager to Execute a Construction Contract and any Change Orders Thereto with Rolfe Construction.

Motion: M/S Samra/Aguilar to adopt Resolution No. 2012-64 .

The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

ADJOURNMENT

The meeting was adjourned by consensus at 6:13 p.m.

OCTOBER 02, 2012 Agenda Packet

OCTOBER 02, 2012 Draft Meeting Minutes

CLOSED SESSION

3. Conference with Legal Counsel – Potential Litigation

[(Government Code Section 54956.9(b)(2)]

Number of Cases: 2

4. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

Regular Meeting

Closed Session Announcements.

Changes to the Agenda.

Mayor Pro-Tem. Aguilar moved items 9 and 10 before items 6, 7, and 8 under Discussion and Potential Action Items.

Council Member Vierra pulled check numbers 75894 and 75895 for discussion.

Council Member Land pulled item 1 under Consent Calendar for a separate vote.

CONSENT CALENDAR

1 Denial of Claim for Damages from Dwight Larks.

2. Approval of Minutes of Meeting Held on August 7, 2012.

3. Approval of Minutes of Meeting Held on August 21, 2012.

4. Approval of Warrant Register Dated September 14, 2012.

5. Approval of Warrant Register Dated September 27, 2012.

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

NOES: Council Members: None

ABSENT: Council Members: None

M/S Espinoza/Aguilar to approve item 1. The motion carried 4-0-1, by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

M/S Espinoza/Land to approve Warrant Register dated September 14, 2012. The motion carried by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

ABSTAIN: Council Members: Land

DISCUSSION AND POTENTIAL ACTION ITEMS

6. Discussion/Provide Staff Direction with a Roll Call Vote Concerning Truck Parking Signage on Joseph Gallo Court.

M/S Samra/Aguilar to remove the no parking signs on Joseph Gallo Court on one side away from the businesses until Council has a final resolution. 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

7. Resolution 2012-___Authorizing the City Manager to Enter into an Agreement for Interim Planning Department Contract Staff Support Services.

M/S Espinoza/Aguilar to adopt Resolution 2012-66, A Resolution of the City Council of the City of Livingston Authorizing the City Manager to Enter into an Interim Agreement for Temporary Planning Support Services with PMC. The motion carried 3-2 by the following roll call vote:

AYES: Council Members: Aguilar, Espinoza and Samra

NOES: Council Members: Land and Vierra

ABSENT: Council Members: None

8. Resolution to Award a Professional Services Contract for Providing Community Outreach and Proposition 218 Balloting Services to GoodStanding Outreach, Reno, Nevada and Authorizing the City Manager to Execute the Agreement.

M/S Samra/Aguilar to adopt Resolution No. 2012-67 to Award the Professional Services Contract for Providing Community Outreach and Proposition 218 Balloting Services to GoodStanding Outreach of Reno, Nevada and Authorize the City Manager to Execute the Agreement. The Motion carried 4-1 by the following roll call vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

9. City Council to Provide Staff Direction for Appointments to the Planning Commission.

Mayor Espinoza said the direction from Council was to advertise.

10. City Council to Provide Staff Direction for Appointments to the Parks and Recreation. Commission.

The Council’ recommendation to staff was to advertise the vacancies in the same manner as the Planning Commission

ADJOURNMENT

OCTOBER 16, 2012 Agenda Packet

OCTOBER 16, 2012 Draft Meeting Minutes

CLOSED SESSION

3. Conference with Legal Counsel – Potential Litigation

[(Government Code Section 54956.9(b)(2)]

Number of Cases: 4

4. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

Regular Meeting

Closed Session Announcements.

Changes to the Agenda.

 You can see a copy of the Agenda Packet by CLICKING HERE.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation: Turlock Scavengers – Solid Waste Services.

2. Presentation: Mid Valley Disposal – Solid Waste Services.

3. Presentation: Regional Transportation Plan and Sustainable Communities Strategy Introduction, Matt Fell, Transportation Manager, Merced County Association of Governments.

CONSENT CALENDAR

4. Resolution for the Acceptance of the Cal Fire Station #96 Vertical Air Flow ExhaustRemoval System Project, Authorizing the City Clerk to File a Notice of Completion with the Merced County Recorder’s Office and Authorizing the City Manager to Release Performance and Materials Bonds and Make Final Payment of Retention Monies to Tri-Phase Electric, Inc.

5.Authorize the City Manager to Execute a Professional Services Agreement with the Local Government Commission.

6.Resolution Adopting the 2011 City of Livingston Emergency Operation Plan.

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Resolution Authorizing the Purchase of a Security Surveillance Camera System that Implements High-End Video Analytics and a License Plate Recognition System.

8. Resolution to Award a Contract to Filtronics, Inc. of Anaheim, California for Goods and Services Provided to Change Out the Arsenic Removal Media for the Well 16 Arsenic Removal Treatment System and Authorizing the City Manager to Execute the Agreement. {Note from TheGardeningSnail: the cost of these filters don’t come cheap. But without them, the City cannot use Well #16 (Kishi). Right?}

NOVEMBER 8, 2012 CITY COUNCIL SPECIAL MEETING AGENDA PACKET

November 08 City Council Draft Meeting Minutes

Special Meeting

DISCUSSION AND POTENTIAL ACTION ITEMS

1. A Resolution of the City Council of the City of Livingston Selecting a Solid Waste Hauler and Approving an Agreement with the Hauler for Solid Waste Services.

Council Member Land made a motion to adopt a Resolution selecting Mid Valley Solid Waste as the hauler and approving an Agreement with Mid Valley for solid waste services. The motion failed due to a lack of a second.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2012-74, a Resolution of the City Council of the City of Livingston Selecting Gilton Solid Waste Management, Inc. as the Hauler and Approving an Agreement with Gilton for Solid Waste Services. The motion carried with a 2-1 vote, but the motion failed due to a majority vote:

AYES: Council Members: Espinoza, Samra

NOES: Council Members: Land

ABSENT: Council Members: Vierra, Aguilar

Motion: M/S Samra/Espinoza to adopt Resolution No. 2012-74, a Resolution of the City Council of the City of Livingston Selecting Gilton Solid Waste Management, Inc. as the Hauler and Directing Staff to Work on a Contract Agreement with Gilton to be Approved at a Later Date. The motion carried 2-1 by the following roll call vote:

AYES: Council Members: Espinoza, Samra

NOES: Council Members: Land

ABSENT: Council Members: Vierra, Aguilar

2. Resolution Adopting the Wastewater Utilities Operator-in-Training (OIT)/Operator I, II and III Job Descriptions and Corresponding Salary Schedules.

Motion: M/S Samra/Espinoza to approve Resolution No. 2012-75 Adopting the Wastewater Utilities Operator-in-Training (OIT)/Operator I, II and III Job Descriptions and Corresponding Salary Schedules. The motion carried with a 2-1 vote, but the motion failed due to majority vote:

AYES: Council Members: Espinoza, and Samra

NOES: Council Members: Land

ABSENT: Council Members: Vierra, Aguilar

3. City Council Authorization to Initiate Recruitment for Two Positions Within the Adopted Wastewater Utilities Operator-in-Training (OIT)/Operator I, II and II Group/Classifications.

Council Member Samra asked that this item be tabled and continued to the next meeting.

NOVEMBER 20, 2012 CITY COUNCIL REGULAR MEETING AGENDA PACKET 

NOVEMBER 20, 2012 Draft Meeting Minutes

CLOSED SESSION: 6:00 P.M.

OPEN SESSION: 7:00 P.M

Closed Session

1. Call to Order.

2. Roll Call.

CLOSED SESSION

3. Conference with Legal Counsel – Potential Litigation

[(Government Code Section 54956.9(b)(2)]

Number of Cases: 1

4. Conference with Legal Counsel – Existing Litigation

[(Government Code Section 54956.9(a)] – Michael Sperry vs. City of Livingston, et al,

Merced County Superior Court Case No. CV002762

5. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

Closed Session was Canceled for lack of a quorum

Regular Meeting

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of Lifesaving Award to Officer Nick Kirk by Chief Ruben Chavez and Sgt. John Ramirez.

2. Introduction of Livingston Middle School Roadmap Team, Public Safety Announcement on Livingston’s Social Host Ordinance by Chief Ruben Chavez, Council Member Theresa Land, and Christopher Jensen, Alcohol and Drug Specialist, Merced County Department of Mental Health.

CONSENT CALENDAR

3. Approval of Warrant Register Dated November 16, 2012.

Motion: M/S Samra/Aguilar to approve the consent agenda item. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

DISCUSSION AND POTENTIAL ACTION ITEMS

4. Resolution Approving a Professional Audit Services Agreement between the City of Livingston and Bryant L. Jolley, CPA, and Authorizing the City Manager to Execute the Agreement.

Motion: M/S Aguilar/Samra to adopt Resolution No. 2012-75 approving a Professional Audit Services Agreement between the City of Livingston and Bryant L. Jolley, CPA, and authorizing the City Manager to execute the agreement for three (3) years. The motion carried 3-1 by the following roll call vote:

AYES: Council Members: Espinoza, Aguilar, and Samra

NOES: Council Members: Land

ABSENT: Council Members: Vierra

5. Resolution Adopting the Wastewater Utilities Operator-in-Training(OIT)/Operator I, II and III Job Descriptions and Corresponding Salary Schedules.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2012-76 adopting the Wastewater Utilities Operator-in-Training (OIT)/Operator I, II and III Job Descriptions and Corresponding Salary Schedules. The motion carried 3-1 by the following roll call vote:

AYES: Council Members: Espinoza, Aguilar, and Samra

NOES: Council Members: Land

ABSENT: Council Members: Vierra

6. Request City Council Authorization to Initiate Recruitment for Two Full-Time Positions Within the Adopted Wastewater Utilities Operator-in-Training(OIT)/Operator I, II and III Group/Classifications.

Motion: M/S Aguilar/Samra to authorize staff to initiate the recruitment for two full-time positions within the adopted Wastewater Utilities Operator-in-Training (OIT)/Operator I, II and III Group/Classifications. The motion carried 3-1 by the following roll call vote:

AYES: Council Members: Espinoza, Aguilar, and Samra

NOES: Council Members: Land

ABSENT: Council Members: Vierra

7. Approval of Investigation Report for Crimetek Security to Operate a Private Patrol Service in the City of Livingston and Authorizing Staff to Set a Public Hearing to Consider Approval of Crimetek’s Business License Application.

Motion: M/S Samra/Espinoza to approve the Investigation Report for Crimetek Security to operate a private patrol service in the City of Livingston and authorize staff to set a Public Hearing to consider approval of Crimetek’s Business License application. The motion carried 4-0 by the following roll call vote

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

8. City Council Direction to Staff Regarding Cancellation of January 1, 2013, Regular Meeting.

Motion: M/S Samra/Land to table this item to the December 4th regular meeting. The motion carried 4-0 by the following roll call vote:

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

NOES: Council Members: None

ABSENT: Council Members: Vierra

ADJOURNMENT

 

DECEMBER 4, 2012 REGULAR MEETING AGENDA PACKET

7:00 P.M.

Regular Meeting

CONFIRMATION OF CANVASS OF MUNICIPAL ELECTION

1. Resolution of the City Council of the City of Livingston Confirming the Canvass by the Merced County Clerk of the Results of the General Municipal Election of November 6, 2012, Held in and for the City of Livingston and Declaring the Results of Said Election.

INVOCATION

2. Rev. Msgr. Harvey Fonseca, Saint Jude Thaddeus Roman Catholic Church, and Priest from Guru Nanak Sikh Temple.

OATHS OF OFFICE

3. City Clerk will administer the Oaths of Office to Mayor-elect Rodrigo Espinoza and Council Members-elect Jim Soria, Arturo Sicairos and David Mendoza; and City Treasurer Maria Ribeiro.

4. Deputy City Clerk will administer the Oath of Office to City Clerk-elect Antonio Silva.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

5. Mayor Espinoza will present plaques to out-going Council Members and City Treasurer.

CITY COUNCIL REORGANIZATION

6. Nomination and Election of Mayor Pro-Tempore.

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

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

b. Representative/Alternate – Central Valley Division League of California Cities.

c. Representative/Alternate – Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board.

d. City Council Liaison – Livingston Planning Commission.

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

PUBLIC HEARINGS

8. Resolution Declaring that the City Council Finds that the Public Convenience and Necessity Require the Security Services of Crimetek Security, Turlock, California and Authorizing the Issuance of a Business License to the Applicant.

CONSENT CALENDAR

9. Resolution Approving an Off-Site Improvement Agreement for the Livingston Family Apartments Project and Authorizing the Mayor to Execute the Agreement

10. Approval of Minutes of Meeting Held on July 17, 2012.

11. Approval of Minutes of Meeting Held on October 16, 2012.

12. Approval of Warrant Register Dated November 30, 2012.

DISCUSSION AND POTENTIAL ACTION ITEMS

13. City of Livingston – Independent Auditor’s Report and Financial Statements June 30, 2012 and City of Livingston Local Transportation Development Act Fund – Independent Auditor’s Report and Financial Statements June 30, 2012.

14. City Council Direction to Staff Regarding Cancellation of January 1, 2013, Regular Meeting.

ADJOURNMENT

DECEMBER 11, 2012 CITY COUNCIL SPECIAL MEETING AGENDA Packet

Closed Session

1. Call to Order.

2. Pledge of Allegiance.

3. Roll Call.

CLOSED SESSION

4. Conference with Legal Counsel – Potential Litigation

[(Government Code Section 54956.9(b)(1))] Number of Cases: 2

5. Conference with Legal Counsel – Existing Litigation [(Government Code Section 54956.9(a))] – Michael Sperry vs. City of Livingston, et al. Merced County Superior Court Case No. CV002762

6. Conference with Legal Counsel – Existing Litigation [(Government Code Section 54956.9(a))] – Merced County Farm Bureau vs. City of Livingston et al. Merced County Superior Court Case No. CU151754

7. Conference with Labor Negotiator(Government Code Section 54957.6) Agency Negotiator: City Manager José Antonio Ramírez

Employee Organizations: All Represented City Employees

CLOSED SESSION ANNOUNCEMENTS

ADJOURNMENT

DECEMBER 18, 2012 CITY COUNCIL AGENDA Packet

DECEMBER 18, 2012 Draft Meeting Minutes

 

Regular Meeting

CALL TO ORDER Next Resolution Number: 2012-80

Next Ordinance Number: 600

Pledge of Allegiance.

Roll Call.

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

GRANT ANNOUNCEMENTS

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

CITY COUNCIL FUTURE AGENDA ITEM REQUESTS.

PUBLIC HEARINGS

CONSENT CALENDAR

1. Resolution Awarding Construction Contract to Hobbs Construction, Inc. of Fresno, CA, Approving the Expenditure of Construction Funds for the Wireless Lighted Crosswalk Warning System – “F” Street at Hilltop Avenue Project, and Authorizing the City Manager to Execute a Construction Contract and Any Change Orders Thereto with Hobbs Construction, Inc.

2. Resolution Authorizing Submittal of WaterSMART Grant Application to the U.S. Bureau of Reclamation for Automated Meter Reading System Technology.

3. Resolution Authorizing the Retention of Bicycles to be Donated to Local Families Through Various Police Programs.

4. Resolution Authorizing the Sale of Indoor Grow Lights and Associated Equipment to University of California, Merced.

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

6. Denial of Claim for Damages from Donna Kenney.

7. Approval of Minutes of Meeting Held on October 2, 2012.

8. Approval of Minutes of Meeting Held on October 30, 2012.

9. Approval of Warrant Register Dated December 14, 2012.

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Resolution Appointing a Candidate to the Governing Board of the San Joaquin Valley Air Pollution Control District – City Seat for Merced County.

11. Authorize the City Manager to Enter into A Professional Services Agreement for Planning Services in a Form Approved by the City Attorney.

12. Extend Deadline for Planning Commission Applications.

ADJOURNMENT

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