1 CITY COUNCIL REGULAR MEETING AGENDA
March 1, 2022
7:00 P.M.
NOTICE: IN ORDER TO MINIMIZE THE SPREAD OF THE COVID-19 VIRUS, THIS MEETING WILL BE CONDUCTED PURSUANT TO GOVERNMENT CODE SECTION 52953(e) AND CITY OF LIVINGSTON CITY COUNCIL RESOLUTION NO. 2021-71.
WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.
ADDITIONALLY, THE MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg
PERSONS WHO ATTEND THE MEETING ARE ASKED TO FOLLOW THE CURRENT STATE OF CALIFORNIA PUBLIC HEALTH GUIDANCE.
(Some Councilmembers may be participating in the meeting remotely via teleconferencing consistent with the Government Code Section 52953(e) and City of Livingston City Council Resolution No. 2021-71.) Notice is hereby given that the City Council will hold a Regular Meeting on March 1, 2022, at the City Council Chambers, 1416 C Street, Livingston, California or conducted pursuant to the Government Code Section 52953(e) and City of Livingston City Council Resolution No. 2021-71.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting. You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email. 2 REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2022-10
Next Ordinance No.: 645
Pledge of Allegiance.
Moment of Silence – First Responders and Military Members.
Roll Call.
Closed Session Announcements.
Changes to the Agenda.
CITIZEN COMMENTS
MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL WILL BE GIVEN THE SAME TIME ALLOTMENT FOR COMMENTS (3 MINUTES) AS NORMALLY ALLOWED FOR MEETINGS SUBJECT TO THE PROVISIONS OF EXECUTIVE ORDER N-08-21
This section of the agenda allows members of the public to address the City Council on any item NOT otherwise on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening. For items which are on the agenda this evening members of the public will be provided an opportunity to address the City Council as each item is brought up for discussion.
AWARD, PRESENTATIONS, PROCLAMATIONS
1. Presentation by John B. Anderson, President, J.B. Anderson Land Use Planning: General Plan Update.
2. Presentation by Mayor Aguilar: Recognition of Lupe Pimentel.
3. Presentation by Mayor Aguilar: Recognition of Diane Dallas.
ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.
City Manager Announcements and Reports.
City Council Members’ Announcements and Reports.
Mayor’s Announcements and Reports.
3 CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by the City Manager or City Council Member. There will be no separate discussion of these items unless members of the City Council or City Manager request that specific items be removed.
4. WAIVING OF READING OF ORDINANCE AND RESOLUTIONS
City Council Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading the Title only, Unless Otherwise Requested by the Mayor or a Council Member
5. AUTHORIZE REMOTE TELECONFERENCE MEETINGS
Resolution Proclaiming a Local Emergency and Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Livingston Pursuant to Brown Act Provisions
6. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated February 18, 2022.
7. ADOPTION OF COUNCIL PRIORITIES
Adoption of Council Priorities
8. APPROVE SUPPLEMENTAL PROJECT WITH J.B. ANDERSON LAND USE PLANNING Resolution Approving a Supplemental Project with J.B. Anderson Land Use Planning to Update Various Code Text Amendments to Title 5 Zoning Regulations of the Livingston Municipal Code
9. APPROVE THE RE-APPOINTMENT OF A PLANNING COMMISSION REGULAR MEMBER
City Council to Re-Appointment of a Planning Commission Regular Member to a Four-Year Term
DISCUSSION AND POTENTIAL ACTION ITEMS
10. APPROVE THE UNFREEZING OF A POSITION FOR POLICE DISPATCHER Resolution to Unfreeze a Position for Police Dispatcher
11. Discussion and Direction on Establishing a Joint Fire Department Commission
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
ADJOURNMENT
RESOLUTION NO. 2021-71
A RESOLUTION OF THE CITY OF LIVINGSTON CITY COUNCIL
PROCLAIMING A LOCAL EMERGENCY AND AUTHORIZING REMOTE
TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY
OF LIVINGSTON PURSUANT TO BROWN ACT PROVISIONS
WHEREAS, the City Council of the City of Livingston (the "City") is committed to preserving public access and participation in meetings of the City Council; and WHEREAS, all meetings of the City's legislative bodies are open and public, as required by the Ralph M. Brown Act (Gov. Code, §§ 54950 - 54963), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and
WHEREAS, Government Code section 54953, subdivision (e), provides provisions for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953, subdivision (b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition is that a state of emergency is declared by the Governor, pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City's boundaries, caused by natural, technological, or humancaused disasters; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing or the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, on March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and WHEREAS, there has been a significant increase in COVID-19 cases in Merced County due primarily to the Delta variant of SARS-CoV-2, the virus that causes COVID-19. Emerging evidence indicates that the Delta variant is far more transmissible than prior variants of the virus, may cause more severe illness, and can be spread by fully vaccinated individuals; and
WHEREAS, as a consequence of the declared emergency, the City Council does hereby find that the legislative body of the City shall conduct their meetings {CWJ08155.J}
without compliance with Government Code section 54953, subdivision (b)(3), as authorized by Section 54953, subdivision (e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Section 54953, subdivision (e)(2); and
WHEREAS, pursuant to Government Code section 54953, subdivision {e)(3), in order to continue to teleconference without compliance with Government Code section 54953, subdivision (b)(3), the City Council shall, not 30 days after teleconferencing for the first time pursuant to this Resolution, and every 30 days thereafter, make the following findings by majority vote: The legislative body has reconsidered the circumstances of the state of emergency and any of the following conditions exist: (1) The state of emergency continues to directly impact the ability of the members to meet safely in person or (2) state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City reserves the option to hold in-person meetings, consistent with local health officer directives, or to continue a practice of remote meetings that still allow multiple options for public participation.
NOW, THEREFORE, THE CITY OF COUNCIL OF THE CITY OF LIVINGSTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Proclamation of Local Emergency. The City Council hereby proclaims that a local emergency exists throughout the City, and that the legislative body meeting in person could present imminent risks to the health and safety of attendees due to the prevalence of COVID-19 in Merced County and the state, such that the City reserves the right to continue virtual meetings or conduct in-person meetings, consistent with local health guidance or duly issued orders.
Section 3. Remote Teleconference Meetings. The legislative body and its General Manager and designees of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953, subdivision (e), and other applicable provisions of the Brown Act.
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) October 30, 2021, or (ii) such time the City Council of Directors makes a subsequent finding by majority vote in accordance with Government Code section 54953, subdivision (e)(3), to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
Passed and adopted this 5th day of October, 2021, by the following vote:
{CWI081SS.I)
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor Aguilar and Council Members Baptista-Soto, Kang, and Garcia None
None
Council Member Moran
1lar Jr., Mayor
e City of Livingston
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 5th day of October, 2021.
(CW1 081 55.I}
/k&~
Leticia Vasquez-Zurita, City
~ Clerk
of the City of Livingston
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Warrant Register dated February 18, 2022
March 1, 2022
Nancy Fuentes, Accounting Technician
Vanessa Portillo, Interim City Manager
RECOMMENDATION:
Ratify the warrant register dated February 18, 2022
DISCUSSION:
Government Code sections 37208(b) and 37209 provide that accounts payable warrants or checks drawn in payment of demands certified or approved by the finance director as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.
In addition, Government Code section 37208(a) provides that payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. The sum total of any payroll checks issued within the week prior to the date of the check register is also noted on the accompanying check register.
The following checks have been certified to be in accordance with the City's approved budget.
The checks have been issued and the check register is presented to the City Council for ratification:
February 9, 2022- February 18, 2022
GENERAL WARRANTS .......................... $
PAYROLL/WIRE WARRANTS ................. $
TOTAL WARRANTS .............................. $
ATTACHMENTS:
330,582.36
214,809.25
545,391.61
Warrant Register (summarized by date and check number)
1 6182-6253
1987-2005
Accounts Payable
Checks by Date - Summary by Check Date
User: nfuentes
Printed: 2/22/2022 11 :55 AM
Check No Vendor No Vendor Name Check Date
6182 705 Agserv Western Sales Inc. 02/11/2022
6183 250 Alhambra 02/ 11/2022
6 184 856 Melisa Alvarez 02/11/2022
6 185 736 ARA, Inc. 02/ 11/2022
6 186 253 AT&T 02/11/2022
6187 193 BSK Associates 02/11/2022
6 188 29 1 City of Livingston c/o L &L District lrrigati 02/11 /2022 6 189 455 Ernest Packaging Solutions 02/ 11 /2022
6 190 163 EZ Auto Supply 02/11/2022
6191 188 Frontier 02/ 11 /2022
6 192 262 Gilton Solid Waste 02/11/2022
6193 857 Fernando Guzman 02/1 1/2022
6194 474 Hansford Economic Consulting LLC 02/11/2022
6195 425 HdL Coren & Cone 02/11/2022
6 196 811 Pete Hulse, DVM, Pa Hilmar Animal Hospi 02/11/2022 6 197 267 Hoffman Security 02/ 11 /2022
6 198 296 Image Source 02/1 1/2022
6 199 388 Interstate Battery System of Fresno 02/ 11/2022 6200 786 J.B, Anderson Land Use Planning 02/11/2022
6201 675 Lance, Soll & Lunghard, LLP 02/ 11 /2022
6202 855 LCAction Police Supply 02/11/2022
6203 461 LEAF 02/ 11/2022
6204 UB*01979 MICHAEL OR AMBER LITTLE 02/1 1/2022
6205 UB*01980 LIVINGSTON MASONIC BDG ASSOCIJI 02/ 11/2022 6206 497 Merced County Sheriff 02/11/2022
6207 389 Mid Valley IT 02/ 11 /2022
6208 180 Mission Linen Service 02/11/2022
6209 507 Muniquip,LLC 02/1 1/2022
6210 199 Northstar Chemica l 02/11/2022
6211 302 Office Depot, Inc. 02/ 11 /2022
62 12 205 Paramount Pest Services 02/11/2022
6213 203 PG&E 02/ 11 /2022
62 14 305 Platt 02/11/2022
62 15 605 Razzari Auto Centers 02/ 11/2022
62 16 208 Saenz Pest Control, Inc. 02/ 11 /2022
62 17 323 Springbrook Holding company LLC 02/ 11/2022
6218 309 St. Francis Electric 02/1 1/2022
6219 393 State of California 02/ 11 /2022
6220 4 12 State of California Department of Transport 02/11 /2022 6221 526 State Water Resources Control Board 02/11/2022 6222 3 11 TBA Auto Parts 02/11 /2022
6223 UB*01977 Cecilia Teixeira 02/ 11 /2022
6224 530 Telstar Instruments 02/11/2022
6225 284 Trans Union LLC 02/ 11 /2022
6226 249 United Site Services 02/ 11 /2022
6227 597 Work Wellness 02/ 11 /2022
6228 UB*01978 XIAN LAN YU 02/11 /2022
AP Checks by Date - Summary by Check Date (2/22/2022 11 :55 AM) City of Livingston
1416 C Street
Livingston, CA 95334
Check Amount
57.85 132.92
150.00
1,523.12
452.49
3,217.00
4,555.62
2,110.41
22.0 1
2,656.94
97,405.42
150.00
433.75
1,375.00
280.00
1,040.00
297.71
612.57
10,010.20
21,475.00
2,344.94
815.75
72.18 134.83
350.00
9,215.00
604.59
2,302.51
15,976.80
482.42
51.00 297.35
307.85
130.51
127.00
1,738.00
475.00
635.83
366.97
280.00
311.70
72.19 4,906.00
471.74
644.99
47.00 0.9 1
Pagel
Check No Vendor No Vendor Name Check Date Check Amount
Total for 2/ I I /2022: 191,12 1.07
6229 25 1 ABS Direct, Inc. 02/ 18/2022 120.06
6230 250 Alhambra 02/18,'2022 262.54
623 1 282 AT&T Mobility 02/18/2022 1,594.48
6232 272 Charter Communications 02/ 18/2022 312.48
6233 858 Daniel Cortez 02/ 18/2022 150.00
6234 293 Department of Justice Accounting Office 02/18/2022 113.00 6235 569 Dooley Enterprises, Inc. 02/ 18/2022 3,759.18
6236 188 Frontier 02/ 18/2022 1,241.81
6237 387 Frontier Communications Corp Frontier Co 02/18/2022 151.32 6238 50 1 Hunt & Sons, Inc. 02/18/2022 8,808.22
6239 853 ICMA Membership Payments 02/18/2022 1,400.00
6240 228 League or California Cities 02/18/2022 7,319.00 624 1 278 Merced Irrigation District 02/18/2022 29,137.66 6242 389 Mid Valley IT 02/ 18/2022 75.00
6243 180 Mission Linen Service 02/18/2022 183.52
6244 194 Modesto Welding Products 02/18/2022 21.00
6245 302 Office Depot, Inc. 02/18/2022 332.79
6246 203 PG&E 02/ 18/2022 60,643.34
6247 430 Quadient Finance USA, Inc. 02/18/2022 509.36
6248 859 Ray Morgan Co 02/ 18/2022 1,047.78
6249 307 Shred-It, C/O Stericycle, Inc. 02/ 18/2022 259.75 6250 277 Valley Farm Supply Stores, Inc. 02/ 18/2022 286.79 6251 367 Verizon Wireless 02/ 18/2022 1,412.30
6252 287 West Coast Code Consultants, Inc. 02/18/2022 19,819.91 6253 409 Willdan Financial Services 02/18/2022 500.00
Total for 2/18/2022: 139,461 .29
Report Total (72 checks): 330,582.36
AP Checks by Date - Summary by Check Date (2/22/2022 11 :55 AM) Page 2
STAFF REPORT
AGENDA ITEM: Adoption of Council Priorities
MEETING DATE: March 1, 2022
PREPARED BY: Vanessa Portillo, City Manager
RECOMMENDATION
By motion, adopt Council Priorities proposed by the City Council of the City of Livingston.
BACKGROUND/ DISCUSSION
Goal setting sessions benefits the organization by providing:
•
•
•
•
•
•
•
Improved communication throughout the organization, including Council action, new projects, upcoming events;
Clarity in true priorities that anchor to a bigger picture goal; Shared vision; all employees and governing body members work towards common goals and share a positive value system.
Address concerns about unsustainable workload (not enough staff, competing priorities, etc.)
Open and honest communication, where issues are addressed proactively and good behavior is reinforced.
Cooperation, support, and empowerment.
Commitment to excellence
On February 9, 2022, the City Council conducted a workshop to develop the City's Priorities.
The Council Priorities provides focus for City Council decision-making and City initiatives. The Council Priorities are intended to guide the actions of City Departments. The Council Priorities chosen in the workshop were: Growth; Community and Safety.
FISCAL IMPACT
None
ATTACHMENTS
1. Exhibit 1- City of Livingston - City Council Priorities 2022
CITY OF LIVINGSTON
CITY COUNCIL PRIORITIES
2022
GROWTH
❖ Focus on City's infrastructure ❖
needs to provide a safe place
•
•
•
•
•
•
to live.
Water supply and water quality
Water Quality
•
Liberty Plaza and Main Street •
rehabilitation.
More lighting in dark streets
Focus on Hammett side for
Development
Lighting
•
•
❖ Pursue smart growth
•
•
•
•
strategies for responsible and ❖
balanced growth.
Responsible growth no exceeding
growth
24-hour restaurants
•
•
Variety of vendors and storefronts •
Attract more businesses; More tax
revenue •
Provide safe spaces for ❖
recreation activities.
Install and maintain physical •
amenities like sidewalk rails, •
bike and board lanes •
Skateboard Park/ All wheels •
Park/ Dog park •
Beautify the City including more •
large murals •
More green areas including
soccer fields, walking paths, and •
more parks. •
Promote recreation
programs for all
community members.
Senior Services
Youth Activities
Improve all (adult) recreation
opportunities/ programs
Centennial
•
•
•
• Revitalize Downtown
Prioritization and beautification
❖ Increase community
•
❖ Develop policies, processes,
and agreements focused on
•
■
•
•
efficiencies and valuable •
results.
Revisit Zoning- 444 Main Street -
Cannabis/Cafe •
Streamline development and •
housing process
County-City Property Tax Revenue
Agreement •
Complete the City's General Plan - •
More jobs and more business •
•
partnerships with local
agencies to highlight our
community's diversity.
Local farming to showcase their
commodities/market through
small businesses
Relationships with the schools
Outreach and Collaboration with
UC Merced and CSU's for
programs
Parent education
Mentorships
Better relations with community
Continue Explorer P.O. program
Start a Fire Department Explorer
Program
Mi PF HPPM
V
SAFETY
Continue to strengthen
Community Safety.
Community policing
New Fire station
Fire Department Infrastructure
Fire Commission
Police Department
Public Safety
Maintain/improve law
enforcement and fire staff levels
Fire staff levels
Improve law enforcement levels
and their community
involvement
Strengthen the police force with
community involvement
Improve quality of
neighborhoods
Expand Spay and Neuter
Program to include stray
animals
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Adopt a Resolution Approving a Supplemental Project with J.B.
Anderson Land Use Planning to Update Various Code Text
Amendments to Title 5 Zoning Regulations of the Livingston Municipal Code
March 1, 2022
Martha Abeloe, Sr. Administrative Analyst/Community Dev.
Vanessa Portillo, City Manager
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution approving a supplemental project with J.B. Anderson Land Use Planning to update various code text amendments to Title 5 Zoning Regulations of the Livingston Municipal Code.
BACKGROUND:
Zoning code text amendments are needed to the Livingston Municipal Code to allow compliance with new State laws. The proposed zoning code text amendments will update certain residential Development Standards of the in Title 5 - Zoning Regulations of the Livingston Municipal Code.
J.B Anderson submitted a scope of work to process the various Code Text Amendments and is attached as Exhibit 1.
DISCUSSION:
Over the last several years, the State of California State Legislature passed numerous bills.
These included state and local protocols for the construction of accessory dwelling units. While consideration of zoning text amendments is proposed, planning staff recommends that other developments relating to residential building setback requirements and parking standards also be considered. Therefore, staff requests to accept the proposal and with the expertise from J.B.
Anderson Land Use Planning accomplish these goals.
FISCAL IMPACT:
Funds for this task were not included in the approved FY 2021/2022 Budget. Approving this appropriation and expenditure will reduce the unappropriated General Fund Balance by $18,436. In the event additional development fees are collected these funds will be returned to the General Fund. ·
COUNCIL PRIORITY:
This agenda item supports the City of Livingston's Growth Priority, which is to develop policies, processes, and agreements focused on efficiencies and valuable results.
STAFF REPORT
ATTACHMENTS:
1. Resolution
2. Exhibit 1- City of Livingston - Code Text Amendments Proposal
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING A SUPPLEMENTAL PROJECT WITH J.B. ANDERSON LAND USE PLANNING TO UPDATE VARIOUS CODE TEXT AMENDMENTSTO TITLE 5 ZONING
REGULATIONS OF THE LIVINGSTON MUNICIPAL CODE
WHEREAS, the City of Livingston's (the "City") is required to update and revise the Livingston Municipal Code (LMC) as part of maintaining a consistent and accurate set of rules and guidelines for the City and its citizens to rely on; and WHEREAS, accept the processing of various Code Text Amendments with J.B. Anderson Land Use Planning; and
WHEREAS, the agreement with J.B. Anderson Planning is to process various Code Text Amendments to the Livingston Municipal Code (LMC) to be consistent with new State law and update Development Standards for residential development; and WHEREAS, the proposal is estimated to cost and not to exceed $18,436; and WHEREAS, the Finance Department will make the necessary adjustments in the General Fund in the Fiscal Year 2021/22 Budget; and
WHEREAS, in the event additional development fees are collected these funds will be returned to the General Fund; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston does hereby resolve, find and order as follows:
1. The above recitals are true and correct.
2. The City Manager of the City of Livingston is authorized to execute the Agreement and any and all documents necessary to effectuate the Agreement on behalf of the City.
3. This resolution is effective immediately upon adoption.
Passed and adopted this 1st day of March, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Juan Aguilar Jr., Mayor
of the City of Livingston
ATTEST:
I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 1st day of March, 2022.
Monica Cisneros, Deputy City Clerk
of the City of Livingston
CITY OF LIVINGSTON
CODE TEXT AMENDMENTS
PROPOSAL
February 14, 2022
Attachment 2
Snbrnittcd By:
■ J.B. AND SON ■
Ill Ill I /\'\ll l ' ' I Pl /\\\Ir..(;
1 39 SOUTH STO CKTON AVE.
RIPON. CA 95366
PHONE: 209.599.8377
[email protected]
CITY OF LIVINGSTON
SCOPE OF WORK AND BUDGET FOR PROCESSING OF
CODE TEXT AMENDMENTS TO THE LIVINGSTON MUNICIPAL CODE (LMC) February 14, 2022
PROJECT UNDERSTANDING
Our Firm understands the City is requesting JBAP to process various Code Text Amendments to the Livingston Municipal Code (LMC) to be consistent with new State law and update Development Standards for residential development. The various Code Text Amendments to LMC is described below.
1. Building Structure Setback Requirements
Amend Table 8, Building Structure Setback Requirements. Table 8 of Section 5-3-16 recommends a sideyard setback of 10 feet. While in practice, the standard sideyard setback is 5 feet. We need to make sure this change as well as standardize the setbacks to conform to what has been built in town. We will also compare the setback standards against industry standards for consistency.
2. Accessory Dwelling Units
Over the last several years, the California State Legislature passed numerous Bills amending the State's approach to the construction of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). The following is a brief history of the actions taken by the State with regards to ADUs:
• January 1, 2017 - New housing related laws went into effect that deemed ADUs as a permanent by-right land use, subject to development criteria in Government Code Section 65852.2.
• January 1, 2018 - Additional housing legislation (Senate Bill 229 (SB 229) and Assembly Bill 494 (AB 494) became effective that provided clarification and wording changes to the law governing ADUs. The new legislation clarified that no setback is required for the conversion of an existing garage to an ADU and that the City has an option to require off-street parking be replaced.
• January 1, 2020- New housing legislation (AB 68, AB 881, AB 670, AB 587, AB 671, and SB 13) was passed modifying requirements on ADUs. This legislation included various amendments to the ADU Law with regards to development standards, the number of ADUs that can be constructed on a parcel and allows JADUs to be constructed on the same lot as a detached ADU. Additionally the new housing legislation establishes impact fee exemptions and limitations based on the size of the ADU.
JBAP understands that the City's "Second Residential Units" (Section 5-5-6) of the LMC was previously adopted on August 20, 2013 (Ordinance No. 607). The City's current ADU Section is not consistent with recent legislation, particularly housing legislation that became effective on January 1, 2020. The proposed Amendment would update the Section to be consistent with new State law.
3. Parking Standards
The diagrams in the parking standards are hard to read and understand, making the process cumbersome. We recommend that the diagrams be replaced with City Standards adopted by the City Engineer and general clean-up of this section. 1 of 4
CITY OF LIVINGSTON
SCOPE OF WORK AND BUDGET FOR PROCESSING OF
CODE TEXT AMENDMENTS TO THE LIVINGSTON MUNICIPAL CODE (LMC) February 14, 2022
4. Definitions
Revise and update definitions in Chapter 7, Definitions of the LMC to be consistent with associated amendments, new State law, and best practices in the planning profession.
5. Site Plan Approval
Currently, Section 5-6-7, Site Plan and Design Review, require that Planning Commission be the recommending body, with the City Council as the approving body (Section 5-6- 7(F)). However, normal planning procedure is for Planning Commission to be the approving body for Site Plan Review applications, as they are the body approved to handle land use matters.
SCOPE OF WORK
TASK 1
TASK2
PREPARATION OF ADMINISTRATIVE DRAFT ORDINANCE
JBA staff will prepare an Administrative Draft of the Ordinance. The Draft Ordinance will include the following:
• Amend to Section 5-3-16, Table 8, Building Structure Requirements and associated footnotes to reduce the setback requirement for all residential zones to five feet (5'). The amendment will also include a column for street side yard setback offifteen feet (15').
• Amend Section 5-5-6, Second Residential Units, to be consistent with new State law as it relates to Accessory Dwelling Units.
• Amend Section 5-4-5, Off-Street Parking and Loading, to clean up tables and parking standards.
• Amend Chapter 7, Definitions, to update various definitions. • Amend Section 5-6-7, Site Plan and Design Review, to require that Planning Commission be the approving body for Site Plan and Design Review applications, as opposed to currently, where Planning Commission is the recommending body and the City Council is approving body.
JBA staff will meet with City staff to review the Administrative Draft Ordinance and respond to any comments/questions. JBAP anticipates that this meeting will be held in person though it can be held via virtual conference call if needed.
Deliverables: Five (5) hard copies and one (1) electronic copy (MSWord) of the Administrative Draft Ordinance.
Meetings: One (1) Meeting with City Staff.
PUBLIC HEARING - PANNING COMMISSION AND CITY COUNCIL
Following Task 1, JBAP staff will prepare the Final Ordinance to be presented to Planning Commission and City Council. JBAP staff will provide the Public Notice, Staff Report and Attachments and attend Public Hearings of the Planning Commission and City Council for recommendation and adoption of the Ordinance. JBAP staff will create a PowerPoint Presentation to the Planning Commission and later City Council. JBAP Staff anticipates that the Planning Commission and City Council meetings will be held in person. 2 of4
CITY OF LIVINGSTON
SCOPE OF WORK AND BUDGET FOR PROCESSING OF
CODE TEXT AMENDMENTS TO THE LIVINGSTON MUNICIPAL CODE (LMC) February 14, 2022
As part of the Planning Commission and City Council effort, JBAP staff will make a CEQA Determination for the Project. The CEQA Determination NOE will be presented to the Planning Commission and City Council for consideration.
Following the City Council Public Hearing, JBAP Staff will prepare the appropriate CEQA Document(s) and record with the Merced County ClerkRecorder. JBAP Staff anticipates that a Notice of Exemption will be recorded with the County Clerk-Recorder.
As part of this Task, JBAP Staff will coordinate with City staff to make contact with the State Department of Housing and Community Development (HCD) for review of the Ordinance as it relates to Accessory Dwelling Units. Government Code Section 65852.2(h)(1) requires the City to submit a copy of the Ordinance to HCD within sixty (60) days after adoption.
Deliverables: One (1) electronic copy (MSWord) of the Draft and Final Public Notice for Planning Commission and City Council.
Meetings:
ASSUMPTIONS
One (1) electronic copy (MSWord) of the Draft and Final Planning Commission Staff Report and Attachments.
One (1) electronic copy (MSWord) of the Draft and Final City Council Staff Report and Attachments.
One (1) electronic copy (PPT) of the Draft and Final PowerPoint Presentation for Planning Commission and City Council.
JBAP Staff shall attend one (1) Public Hearing with Planning Commission and one (1) Public Hearing with the City Council.
1. J.B. Anderson Land Use Planning distributes Invoices on the 1st of each Month.
2. Based on discussions with City of Livingston staff, as well as a review of Project related documents, it is anticipated that an Exemption is the proper level of CEQA review necessary for the Project(s). If at such time through the CEQA review process it is determined that an Initial Study (IS) will be required, J.B. Anderson Land Use Planning shall provide the City a revised Scope of Work and Cost Estimate.
3. It is assumed that City staff will be responsible for all public noticing, distribution, and preparation of Staff Reports for the Project.
3 of 4
CITY OF LIVINGSTON
SCOPE OF WORK AND BUDGET FOR PROCESSING OF
CODE TEXT AMENDMENTS TO THE LIVINGSTON MUNICIPAL CODE (LMC) February 14, 2022
COST ESTIMATE
The following Cost Proposal has been prepared based on our understanding of the Project and the tasks described above:
January 25, 2022
City of
Livingston -
Code Text Principal Senior Associate Assistant Admln
Amendments President Planner Planner Planner Planner Assistant Hourly Rate $185 $170 $150 $100 $77 $60
HOURS
TASK1 Preparation of Administrative Draft Ordinance 8 0 18 24 44 2 TASK2 Publlc Hearings - Planning Commission and City Council 8 0 24 8 24 2 Sub-Total of Tasks 16 0 42 32 68 4
Administrative Expenses {i.e. Mileage, Copies)
TOTAL ESTIMATED COSTS (Not to Exceed)
4 of4
COST
$10,088
$7,848
$17,936
$500
$18,436
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
City Council Re-appointment of a Planning Commission Regular Member to a Four-Year Term.
March 1, 2022
Miguel Galvez, Contract City Planner
Vanessa Portillo, City Manager
RECOMMENDED COUNCIL ACTION:
Re-appoint Renee Waite Mendonca as a Regular Member of the Planning Commission to serve a four-year term on the Planning Commission, ending on December 31, 2026.
BACKGROUND/DISCUSSION:
On November 2, 2021, the City Council appointed Renee C. Waite Mendonca to serve as a Regular Member of the Planning Commission. The appointment served to fill and complete the unexpired term of a vacant Regular Member of the Planning Commission to end on December 31, 2021 . Ms. Mendonca's appointment to the Planning Commission has since expired. On February 7, 2022, Planning Commissioner Mendonca submitted a letter requesting consideration for re-appointment to a regular four-year term on the Planning Commission. A copy of the Ms.
Mendonca's letter is attached. If approved, the appointment of a Regular Member to the Planning Commission will be for a four-year term, ending on December 31, 2026.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Exhibit A - January 2022 Roster of Planning Commission Members
2. Exhibit B - Letter of Interest to serve on the Planning Commission from Renee C. Waite Mendonca, dated February 7, 2022
CITY OF LIVINGSTON
PLANNING COMMISSION MEMBERS
REGULAR MEMBERS:
CHAIR ROBERT (BOB) WALLIS
[email protected]
Tenn Expires 12/31/2024
VICE-CHAIR STEVE BASSI
[email protected] vingstoncity .com
Tenn Expires l 2/3 l /2022
COMMISSIONER JASON ROTH
jroth(@.li vingstoncitv .com
Tenn Expires: 12/31/2024
COMMISSIONER ADANAN BATH
[email protected]
Tenn Expires 12/31/2023
COMMISSIONER- VACANT
Tenn Expired 12/31/2021
ALTERNATE MEMBERS:
ALTERNATE COMMISSIONER HARPREET (HAPPY) BAINS (1)
[email protected]
Tenn Expires 12/31/2024
ALTERNATE COMMISSIONER- ANDRES FUENTES (2)
Tenn Expires 12/31/2022
Alternate I votes on odd number months
Alternate 2 voles on even number months
COMMISSION SECRET ARY MIGUEL GALVEZ
Phone: (209) 394-8041, Ext. 123
mgal vez(a2livingstoncity.com
COUNCIL LIAISON MARIA BAPTISTA-SOTO
[email protected]
Tenn Expires 11/2024
EXHIBIT A
Updated 01/01/22
February 7, 2022
City of Livingston City Council
1416 C Street
Livingston, Ca 95334
To Whom It May Concern,
EXHIBIT B
RECEIVED
FEB O 7 2022
CITY OF LNINGSTON
This letter is a request to the Livingston City Council, asking that I remain in my current capacity as an active part of the Planning Commission. Since my elected term did not start until November 2021, when a seat became available, I have been unable to act in the capacity that I was elected.
I would appreciate the opportunity to serve a full term for the City Council, and ask that the City Council reconsider extending my current term till the end of 2022.
I look forward to serving my community, and hope that I will be given the opportunity to show case my abilities, when my term is extended.
Respectfully,
Renee C. Waite Mendonca
Planning Commissioner
City of Livingston
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Unfreeze - Police Dispatcher Position
March 1, 2022
Chuck Hale, Interim Police Chief
Vanessa Portillo, City Manager
RECOMMENDATION:
Staff recommends unfreezing one (1) Police Dispatcher position previously unfunded as a budget savings measure for Fiscal Year (FY) 2021/22 Budget and authorize the City Manager/Finance Director to make appropriate adjustments to the budget.
BACKGROUND AND DISCUSSION:
In FY 2019/20 Mid-Year Budget, the City of Livingston froze one ( 1) vacant Police Dispatch position as a budget balancing measure. The Covid-19 pandemic was in its infancy and the call volume and amount of work was not drastically affected by keeping the position vacant. At the time the position was frozen the police department was able to operate with five dispatchers while continuing to ensure that public safety needs were met within the City of Livingston.
The City of Livingston Police Department has five (5) full-time Dispatchers. However, the department is experiencing staffing shortages due to two (2) staff members going through paid extended leaves and one (1) transitioning employment to another agency. Currently, other personnel within the Police Department are being used to fill open shifts. The personnel who are being used to cover shifts are working overtime at a higher rate of pay than would be paid for dispatch personnel to cover the shifts.
Taking the three (3) Dispatchers mentioned above out the scenario the Livingston Police Department will be left with two (2) Dispatchers to operate a 24-hour a day, seven day a week operation. As Covid-19 pandemic restrictions have started to lift, the call volume, types of calls, and public contact in the Police Department lobby has increased.
FISCAL IMPACT:
The salary impact to unfreeze one (1) vacant Dispatch position would be approximately $26 thousand. The City will include funding for this position in future budget projections.
COUNCIL PRIORITY
This agenda item supports the City of Livingston's Safety Priority, which is to continue to strengthen community safety through maintaining and improving law enforcement staffing levels. 1 ATTACHMENTS:
1. Resolution
2 RESOLUTION 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
TO UNFREEZE A POSITION FOR POLICE DISPATCHER
WHEREAS, the City of Livingston has a Police Dispatching center that is operated 24 hours a day, seven days a week; and
WHEREAS, the City of Livingston Police Dispatch Center is responsible for handling all emergency and non-emergency calls for service also providing service to the public within the lobby of the police department; and
WHEREAS, calls for service, the types of calls, and amount of work that is required of Dispatchers at the Livingston Police Department has drastically increased over the last two years; and
WHEREAS, the current amount of personnel at the Livingston Police Department, Police Dispatch Center is not sufficient for proper staffing and operation; and WHEREAS, City staff recommends unfreezing of one (1) Dispatch position through the Fiscal Year 2021/22 to maintain proper service levels in the Police Dispatch at a cost of $26thousand;and
WHEREAS, the City Manager/Finance Director is authorize to make appropriate adjustments to the budget; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston, a municipal corporation, duly organized and existing under and by virtue of the laws of the State of California, hereby approves one Police Dispatcher position to be unfrozen and be available for recruitment and hiring.
Passed and adopted this 1st day of March, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Juan Aguilar, Jr., Mayor
of the City of Livingston
I hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 15th day of February, 2022.
1 Monica Cisneros, Deputy City Clerk
of the City of Livingston