APRIL 04, 2006

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

APRIL 4, 2006

A Closed Session/Regular Meeting of the Livingston City Council was held on April 4, 2006, in the City Council Chambers with Mayor Friesen presiding.

CLOSED SESSION

The meeting was called to order by Mayor Friesen at 5:32 p.m.

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

The Council went into Closed Session at 5:33 p.m. to discuss the following matters:

1. Property: 047-380-085, 047-380-086, 047-380-094, 047-380-095.

City Negotiators: City Manager Richard N. Warne and City Attorney Tom Hallinan.

2. Conference with Real Property Negotiators—Government Code Section 54956.8.

Property: 047-140-006.

City Negotiators: City Manager Richard N. Warne and City Attorney Tom Hallinan.

3. Conference with Real Property Negotiators—Government Code Section 54956.8.

Property: 024-361-001.

City Negotiators: City Manager Richard N. Warne and City Attorney Tom Hallinan.

4. Conference with Real Property Negotiators—Government Code Section 54956.8

Property: 047-180-027.

City Negotiators: City Manager Richard N. Warne and City Attorney Tom Hallinan.

5. Conference with Real Property Negotiators—Government Code Section 54956.8

Property: 047-200-024.

City Negotiators: City Manager Richard N. Warne and City Attorney Tom Hallinan.

6. Conference with Real Property Negotiators—Government Code Section 54956.8

Property: 024-153-011 & 024-153-005.

City Negotiators: City Manager Richard N. Warne and City Attorney Tom Hallinan.

7. Conference with Real Property Negotiators—Government Code Section 54956.8

Property: 024-132-016.

City Negotiators: City Manager Richard N. Warne and City Attorney Tom Hallinan.

8. Conference with Real Property Negotiators—Government Code Section 54956.8

Property: 024-144-011

9, Conference with Legal Counsel—Anticipated Litigation. Significant Exposure to Litigation

Government Code 54956.9(b). 5 Cases

The Closed Session ended at 6:47 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:48 p.m.

REGULAR MEETING

CALL TO ORDER

The Regular Meeting was called to order by Mayor Friesen at 7:03 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

CLOSED SESSION ANNOUNCEMENTS

There was no reportable action; the Council gave direction to staff.

CHANGES TO THE AGENDA

There were no changes to the agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of New Police Officers, Brian Raymond, Robert Silva and Daihn Villarreal.

2. Presentation of Police Dispatchers, Emma Barrigan and Kristal Dinh.

3. Presentation of New Assistant Planner, Jason Romes.

ANNOUNCEMENTS AND REPORTS

City Council Members’ Announcements and Reports

Council Member Soria

· Nothing to Report.

Council Member Espinoza

· Nothing to Report.

Council Member Ingram

· Nothing to Report.

Mayor Pro-Tem Vierra

· CSCA just met.

· CVD League dinner meeting coming up.

Mayor’s Announcements and Reports

Mayor Friesen

· Nothing to report.

CITIZEN COMMENTS

Collette Alvernaz stated that on March 1st she had submitted a letter to the City requesting information on the west side sewer line. She noted that on March 15th she spoke with Sandra Mick and was told she would be contacted by the City Engineer. Ms. Alvernaz added that today is April 4th and she still hasn’t heard anything from the City.

City Attorney Hallinan commented he had the file for Ms. Alvernaz to review.

Ms. Alvernaz requested copies of the file and copies were subsequently provided to her.

Lisa Sanchez, Monte Cristo II Subdivision, stated she feels she is going to be forced to sell her home to a drug dealer and further elaborated on this subject. She read a petition that is being circulated in her neighborhood regarding the mobile home park. Ms. Sanchez said the mobile homes are too close to the fence and residents can see into her back yard.

At the request of Mayor Friesen, a copy of the petition was given to the Council.

Ismael De Leon, 1149 Eighth Street, voiced a concern regarding the red curb that was recently painted in front of his family’s home. He stated that his mother is handicapped and there is no other place to park their vehicles. Mr. De Leon noted that neighbors in the area are also concerned because family members are using their parking spaces.

Raquel Del Leon added the family has filed a complaint about the red curb and requested that speed bumps be placed on their street instead of a stop sign.

Irma Avalos, 1310 Hammatt stated she lives on the corner of Hammatt and Park Street and is concerned about all the stop signs. She requested permission for her garage to be placed on the other side of her home, so that the driveway can be located on another street as she feels that backing out of her driveway now is unsafe.

Mike Torres, 1616 Eighth Street, questioned when the City is going to make a decision on carports and setbacks.

Merced County Supervisor, John Pedrozo, commented he had been in Washington, D.C. for the last few weeks; however, he wanted to give recognition to Vickie Lewis in the form of a plaque for the excellent job she performed as Interim City Manager.

Supervisor Pedrozo reported on his trip to Washington, D.C. and relayed that Washington is well informed of what is happening in Merced County. He noted that he met with two Senators and was well received by both Congressmen and Senators.

Supervisor Pedrozo commented that he is going to contact a representative from the railroad to go to the schools to promote awareness of the dangers of being on the railroad which is a safety hazard not only for children, but adults as well.

PUBLIC HEARINGS

4. Introduce and Waive the First Reading of an Ordinance Establishing Policies, Rules and Regulations Governing Animals Within the City of Livingston and Adding Sections 10-3-1 Through 10-3-50 to Title 10 and Repealing Sections 10-3-1 Through 10-3-8 of the Livingston Municipal Code.

City Manager Warne reported he wanted this item combined with Item No. 19 – Authorization to Begin Animal Control Services, Purchase a Vehicle and Equipment, Begin Looking for an Animal Shelter Site and Prepare Concept Plans and Floor Plans for an Animal Shelter.

Mayor Friesen opened the Public Hearing at 7:40 p.m.

Mike Torres, 1616 Eighth Street, stated he is very glad to see that the City Manager and Council are working on animal control issues and wanted to know how soon these practices will be put into place.

Mayor Friesen noted tonight is only the first reading of the Ordinance and to keep in mind the City still needs to hire an Animal Control Officer.

Mayor Friesen closed the Public Hearing at 7:45 p.m., there being no further comments from the public.

Council Member Ingram commented that that he would like the ordinance to include cats as well.

Mayor Friesen asked about turtles.

Mayor Pro-Tem Vierra pointed out that page 12 of the Ordinance makes reference about not raising animals in the City limits. He made note of animals that are being raised at the high school by students from the Future Farmers of America (FFA) and requested an exemption for these animals.

Mayor Pro-Tem Vierra requested that language changes be made regarding dogs being tied up in the front yard.

City Manager Warne commented that this subject would be clarified for the second reading of the Ordinance.

Motion: Vierra/Espinoza to Introduce and Waive the First Reading of Ordinance No. 540, Establishing Policies, Rules and Regulations Governing Animals Within the City of Livingston and Adding Sections 10-3-1 Through 10-3-50 to Title 10 and Repealing Sections 10-3-1 through 10-3-8 of the Livingston Municipal Code. The motion carried

5-0 by the following vote:

AYES: Council Members: Soria, Espinoza, Ingram, Vierra, Friesen

NOES: Council Members: None

ABSENT: Council Members: None

Motion: M/S Ingram/Soria to Authorize City Staff to Begin Animal Control Services, Purchase a Vehicle and Equipment, Begin Looking for an Animal Shelter Site and Prepare Concept Plans and Floor Plans for an Animal Shelter Site. The motion carried 5-0.

5. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Adding Section 11 to Title 5, Chapter 5 of the Livingston Municipal Code Regulating Body Art Establishments.

Community Development Director Kenney called the Council’s attention to changes made on the hours of operation because the Ordinance prepared by the Chief of Police and what the Planning Commission recommended is different.

Mayor Friesen opened the Public Hearing at 7:58 p.m.

Collette Alvernaz expressed concern about having this type of establishment in the business area. She stated she has children and does not want them exposed to body art or want them to have body art on their bodies.

Mayor Friesen closed the Public Hearing at 8:02 p.m., as there were no further comments from the public.

Community Development Director Kenney stated she has made corrections as to the location of body art establishments.

Mayor Pro-Tem Vierra made clarification regarding the business being open from the hours of 7:00 a.m. to 10:00 p.m., seven days a week.

The Council agreed that this type of establishment be one for every 10,000 residents and that Section 5-5-11, Exhibit A of the Ordinance should read – This type of establishment should be allowed in the industrial area only.

Community Development Director Kenney made reference to a beauty salon business owner who currently does permanent makeup.

Lengthy discussion followed on where to draw the line regarding regulations for body art establishments.

Motion: M/S Vierra/Ingram to introduce and waive the first reading of Ordinance No. 541, as amended, an Ordinance of the City Council of the City of Livingston Adding Section 11 to Title 5, Chapter 5 of the Livingston Municipal Code Regulating Body Art Establishments. The motion carried 5-0 by the following vote:

AYES: Council Members: Soria, Espinoza, Ingram, Vierra, Friesen

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

Motion: M/S Soria/Vierra to approve the following consent agenda items:

6. Resolution No. 2006-24 to Initiate Proceedings under the Landscape and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code, et seq., Declare the City’s Intention to Levy and Collect Assessments within the City’s Landscape and Lighting Maintenance Assessment District for Fiscal Year 2006/2007, Approval of the Engineer’s Report and Setting Time and Place for a Public Hearing.

7, Resolution No. 2006-25 to Initiate Proceedings under the Benefit Assessment Act of 1982, Government Code 54717, et seq., Declare the City’s Intention to Levy and Collect Assessments within the City’s Benefit Assessment Districts for Fiscal Year 2006/2007, Approval of the Engineer’s Report, and Setting Time and Place for a Public Hearing.

8. Waive the Second Reading and Adopt Ordinance No. 539, an Ordinance of the City Council of the City of Livingston Adding Title 10, Chapter 11, Sections 1 through 36 of the Livingston Municipal Code Requiring Permit Issuance Prior to Opening Any Body Art Establishment.

9. Resolution No. 2006-26 to Amend an Agreement with Planning Partners for the Environmental Assessment of Ranchwood’s Summer Stone (formerly Ranchwood North and Magnolia Grove) Project.

10. Resolution No. 2006-27, a Resolution of the City Council of the City of Livingston Authorizing the City Clerk to Consent and to Accept Deeds of Real Estate from the Livingston Union School District for the Construction of a Traffic Signal at the Corner of Winton Parkway and “B” Street.

11. Resolution No. 2006-28, a Resolution of the City Council of the City of Livingston, to Authorize the Mayor to Execute a Reimbursement Agreement between the City of Livingston and McRoy-Wilbur Communities, Inc., a California Corporation Relating to the Arakelian Park/Basin Improvements.

12. Resolution No. 2006-29, Acquisition of a GIS (Geographic Information System) Server and Software for the Utilization of Maps and Geographic Information.

13. Minutes of City Council/Planning Commission Workshop Held on March 15, 2006.

14. Minutes of City Council Meeting Held on March 21, 2006.

15. Approval of the Warrant Register of April 4, 2006.

The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

16. Waive the Second Reading and Adopt Ordinance No. 538, an Ordinance of the City Council of the City of Livingston Adding Title 6, Chapter 10, Section 46 to the Livingston Municipal Code Requiring the Installation of Subdivision Improvements Prior to the Issuing of Building Permits.

Kevin Stone, 1614 M Street, Merced, read a letter addressed and previously submitted to the City Council and mentioned he had also met with City Manager Warne last week concerning the proposed passage of the Ordinance.

Mr. Stone said he would like to work together with the Council and perhaps hold a workshop as discussed at the last Council meeting.

Mayor Friesen stated the Ordinance was introduced at the last Council meeting and asked Mr. Stone his reasons for wanting this item to be delayed.

A representative from Ranchwood Homes commented he understands the Council’s position, but feels that developers who are not following the rules should be the only ones being penalized.

He stated the Council should not penalize developers such as Ranchwood Homes who take pride in doing things right.

Frank Borges commented he feels the Council is looking for a solution to the problem. He noted this problem has not just occurred in Livingston, but in other cities as well. Lengthy discussion followed.

Collette Alvernaz stated there has to be teeth to the Ordinance. She noted that if a developer violates a code, the City has to tell them to stop their development and move on.

Council Member Ingram feels the Council needs to continue this item for 30 days to give staff and developers an opportunity to meet and discuss the issues. He added that if there are developers who are not doing what they are supposed to, the City should stop the development.

Motion: M/S Ingram/Espinoza to continue this item to the May 2, 2006, Council meeting. The motion carried 3-2 with Mayor Pro-Tem Vierra and Council Member Soria voting no.

Recess

A five minute recess was taken before continuing with the meeting.

17. Presentation of Water System Master Plan.

A power point presentation of the Final Draft of the City of Livingston Water Distribution System Master Plan was given by Carollo Engineers of Fresno.

18. Presentation of Wastewater Master Plan.

Carollo Engineers gave a power point presentation on the Final Draft of the City of Livingston Wastewater Collection System Master Plan.

19. Authorization to Begin Animal Control Services, Purchase Vehicle, Purchase Equipment, Begin Looking for an Animal Shelter Site and Prepare Concept Plans and Floor Plans for an Animal Shelter.

This item was presented in conjunction with Agenda Item No. 4.

20. A Resolution of the City Council of the City of Livingston Approving a Tentative Land-Use. Map to Complete the General Plan Update, the Master Environmental Impact Report, and Other Land-Use Related Documents.

Motion: M/S Vierra/Ingram to Adopt Resolution No. 2006-30, a Resolution of the City Council of the City of Livingston Approving a Tentative Land-Use Map to Complete the General Plan Update, the Master Environmental Impact Report, and Other Land-Use Related Documents.

The motion carried 5-0 by the following vote:

AYES: Council Members: Soria, Espinoza, Ingram, Vierra, Friesen

NOES: Council Members: None

ABSENT: Council Members: None

21. Resolution to Approve Site Plan / Design Review 2005-08 for the two Valdez- Cisneros Industrial Buildings.

Community Development Director Kenney presented this item. Lengthy discussion followed on the required fence.

Joe Valdez, business owner, stated that he would comply with the City’s requirement.

Motion: M/S Espinoza/Ingram to adopt Resolution No. 2006-31, a Resolution of the City Council of the City of Livingston to Approve Site Plan / Design Review 2005-08 for the two Valdez-Cisneros Industrial Buildings. The motion carried 5-0 by the following vote:

AYES: Council Members: Soria, Espinoza, Ingram, Vierra, Friesen

NOES: Council Members: None

ABSENT: Council Members: None

21. City Manager Comments and Reports.

· No comments or reports from the City Manager.

ADJOURNMENT

The meeting was adjourned by consensus at 9:40 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: April 18, 2006

__________________________

Mayor or Mayor ProTempore

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