APRIL 18, 2006

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

APRIL 18, 2006

A Closed Session/Regular Meeting of the Livingston City Council was held in the City Council Chambers on August 18, 2006, with Mayor Friesen presiding.

CLOSED SESSION

Mayor Friesen opened the meeting at 5:35 p.m.

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza (Absent)

Council Member Roy Soria (Absent)

The Council went into Closed Session at 5:36 p.m. to discuss the following matters:

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

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 Attorney Richard N. Warne and City Attorney Tom Hallinan.

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

Property: 024-144-011

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

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

Property: 047-190-029

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

10. Conference with Legal Counsel—Anticipated Litigation. Significant Exposure to Litigation

Government Code 54956.9(b). 5 Cases

The Closed Session ended at 6:31 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:32 p.m.

REGULAR MEETING

CALL TO ORDER

The meeting was called to order by Mayor Friesen at 7:04 p.m.

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza (Absent)

Council Member Roy Soria (Absent)

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

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 Officer, Jose Silva.

Not present due to training.

2. Presentation of Police Dispatchers, Maribel Arevalo and Andre Carrizales.

Dispatchers absent.

3. Presentation – Curbside Spring Cleanup.

City Manager Warne and Public Works Director Creighton gave a presentation on the implementation of a new curbside spring cleanup program. The program will begin on May 8th with the assistance of Gilton Solid Waste Management. A colored map of designated pickup days was distributed.

4. Implementation of City Recycling Drop Off Center Located at 2238 Walnut Avenue (Department of Public Works Yard).

Public Works Director Creighton, with the assistance of Rose Niemi, Public Program Specialist for the Merced County Association of Governments, presented information on the implementation of a City Recycling Drop Off Center at the Department of Public Works Yard on Walnut Avenue

Mr. Creighton distributed t-shirts promoting recycling to everyone present at the meeting.

Ms. Niemi explained the reasons for recycling and gave out an information sheet informing the public of what items can and cannot be recycled.

In response to a question raised by Warren Urnberg, Ms. Niemi stated that medications can no longer be flushed down the toilet or the sink.

5. Proclamation of the City Council of the City of Livingston Declaring the Week of April 24-April 30, 2006, as West Nile Virus and Mosquito and Vector Control Awareness Week.

Mayor Friesen read and addressed the proclamation to Marge McFadden, the City’s representative on the Merced County Mosquito Abatement District Board of Directors.

6. Proclamation of the City Council of the City of Livingston Declaring the Week of May 7-13, 2006, as 2006 Building Safety Week.

Mayor Friesen read the proclamation on Building Safety Week.

ANNOUNCEMENTS AND REPORTS

City Council Members’ Announcements and Reports.

Chris Bauer, Assistant to Merced County Supervisor John Pedrozo, reported:

The Board of Supervisors is currently working on updating the General Plan and is setting-up committees for each area of the County. He stated the General Plan update will take three years to complete.

Council Member Ingram

· Publicly thanked Global Valley Networks for their excellent service and assistance. He explained that his wife, who has a medical condition, recently had to call 911 because their home phone was out of order and Global Valley assisted his wife with the 911 emergency. He stated he is very appreciative for their help in assisting his wife.

· Received letters from students from the Livingston Union School District regarding changes to the immigration law and will be contacting Congressman Dennis Cardoza in regards to this issue. He commented that he can understand and can relate to the students’ concerns because he himself was a migrant worker and lived in the migrant camps.

Mayor Pro-Tem Vierra

· Attended the swearing-in of Police Officer Jose Silva.

· Attended the ribbon cutting ceremony for the Sultana Overpass Interchange slated for completion in 2008.

· Noted the Court Theater is in the top 25 projects to be considered as qualified for a $1.5 million grant prepared by RM Associates.

· Thanked Matthews Homes for the excellent presentation of their model homes. He noted the model homes were completed before they actually began selling homes.

Mayor Friesen

· Read a letter from Developer, K. Hovnanian Homes, who donated $30,000 towards the purchase of an animal control vehicle.

CITIZEN COMMENTS

Mike Torres, 1616 Eighth Street, asked again when staff is going to present to the Council items pertaining to RVs, setbacks, chain link fencing, and carports.

Warren Urnberg, 1331 Eighth Street, asked what will be done with all the pigeons at the Court Theater. He thanked the Public Works Department for the good job employees are doing in keeping up with pothole repairs.

Collette Alvernaz informed the Council of a deer with a white collar observed on Magnolia Avenue. It was suggested the deer may have wandered away from the Los Banos Animal Reserve.

CONSENT CALENDAR

Motion: Ingram/Vierra to approve the following consent agenda items:

7. Waive the Second Reading and Adopt Ordinance No. 540, an Ordinance of the City Council of the City of Livingston Establishing Policies, Rules and Regulations Governing Animals Within the City of Livingston and Adding Sections 10-3-1 to 10-3-50 and Repealing Sections 10-3-1 Through 10-3-8 of the Livingston Municipal Code.

8. Waive the Second Reading and Adopt Ordinance No. 541, 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.

9. Denial of Claim for Damages from Lesa Sanchez.

10. Minutes of City Council Meeting Held on April 4, 2006.

11. Approval of Warrant Register of April 18, 2006.

12. Resolution No. 2006-32, Authorizing the City Clerk to Consent and to Accept Deeds of Real Estate from Brian Medeiros for the Purchase of the Flood Retention Basin on “F” Street Adjacent to the Little Guys and Gals Park.

13. Resolution No. 2006-33, Approving an Increase in the Administrative Overhead Charge to 15 percent for all Engineering and Planning Fees.

14. Resolution No. 2006-34, Accepting the Subdivision Improvements for Liberty Square Residential Subdivision, Livingston Country Lane, L.P.; Directing the City Clerk to File the Notice of Completion; and Authorizing the City Manager to Release the Faithful Performance and Material Bonds.

15. Resolution No. 2006-35, Approving the California Department of Parks and Recreation Land and Water Conservation Fund Program Application (Livingston Sports Complex). The motion carried 3-0 by the following vote:

AYES: Council Members: Ingram, Vierra, Friesen

NOES: Council Members: None

ABSENT: Council Members: Espinoza and Soria

DISCUSSION AND POTENTIAL ACTION ITEMS

16. Presentation of Draft Parks and Recreation Master Plan.

A representative from Moore Iacofano Goltsman Inc. gave a presentation on the City of Livingston Draft Recreation and Master Plan.

Mike Torres asked if parks mentioned in the Master Plan are open to all community members or just residents in that area.

Council Members commented the parks will be open to all residents.

Mr. Torres also asked if the parks will have bathroom facilities and if so, during what hours would they be open.

In response, Mayor Friesen explained the contents and purposes of the Master Plan.

ADJOURNMENT

The meeting was adjourned by consensus at 8:05 p.m.

_____________________________

City Clerk of the City of Livingston

APPROVED: May 2, 2006

_________________________

Mayor or Mayor ProTempore

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