AUGUST 01, 2006

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

AUGUST 1, 2006

A Closed Session/Regular Meeting of the Livingston City Council was held on August 1, 2006, in the City Council Chambers with Mayor Friesen presiding.

CLOSED SESSION

Mayor Friesen opened the meeting at 7:02 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 5:34 p.m. to discuss the following matters:

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

Property: 047-045-015.

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

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

Property: 047-200-024.

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

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

Property: 024-132-016.

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

4. 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.

5. 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.

6. Conference with Legal Counsel—Anticipated Litigation. Significant Exposure to Litigation. Government Code Section 54956.9(b). 2 Cases.

7. Conference with Legal Counsel: Existing Litigation—Government Code Section 54956.9(a). Foster Poultry Farms, Inc. v. City of Livingston, Merced County Superior Case No. 149443.

8. Conference with Legal Counsel: Existing Litigation—Government Code Section 54956.9(a). Foster Poultry Farms, Inc., v. City of Livingston, Merced County Superior Court Case No. 149568.

9. Conference with Legal Counsel: Existing Litigation—Government Code Section 54956.9(a). Foster Poultry Farms, Inc. v. Richard Warne & Paul Creighton, United States District Court, Eastern District Court of California: 1:06-CV-00931-OWW-DLB.

10. Conference with Labor Negotiator—Government Code Section 54957.6.

City Negotiator: City Manager Richard N. Warne.

Employee Organization: Livingston Police Officers’ Association.

Due to a conflict of interest, Mayor Friesen left the Council Chambers and abstained during discussion on all matters pertaining to Foster Farms, Inc. Mayor Pro-Tem Vierra took over the meeting at 6:00 p.m.

The Closed Session ended at 6:58 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:59 p.m.

Mayor Friesen returned to the Council Chambers and resumed participation in the meeting.

REGULAR MEETING

CALL TO ORDER

Mayor Friesen called the meeting to order at 7:02 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance 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

City Attorney Hallinan reported the Council voted 4-0 to indemnify (including punitive damages), and defend City Manager Richard Warne and Public Works Director Paul Creighton in Case Number: 1:06-CV-00931-OWW-DLB, United States District Court, Eastern District Court of California.

CHANGES TO THE AGENDA.

· None.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

· Police Chief Eldridge introduced new Animal Control Officer, Kristen Lucas.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

· Introduced his new Assistant, Nick Dawidczik.

· Measure O (transportation tax) will be on the November ballot.

· Participation at Merced County Fair now over.

· Attended Committee Meeting of the San Joaquin Valley High Speed Rail Transit System; the number of passengers using this service has increased.

· Interchange south of Merced and Sultana Interchange moving ahead of schedule.

· Due to large amount of dead animals from the heat, animals are allowed to be disposed of at County landfill and used as compost.

· Merced County FY 06-07 Budget to be adopted on August 15th.

· Mr. Dawidczik will be available to serve the public at Livingston City Hall on Thursdays from 9:00 a.m. to 11:00 a.m.

City Council Members’ Announcements and Reports.

Council Member Soria

· Thanked City staff members, Richard Warne, Vickie Lewis and Paul Creighton for a job well done.

Council Member Ingram

· Reported on his attendance at the Mayors and Council Members Leadership Academy in Monterey.

Council Member Espinoza

· None.

Mayor Pro-Tem Vierra

· Thanked the Council for allowing him, Donna Kenney and Jasmin Bains to attend the Hollywood Theater Conference July 19-22 and subsequently gave a brief report on the conference.

Mayor’s Announcements and Reports.

· Read a letter of apology he had written to Colette Alvernaz.

CITIZEN COMMENTS

Warren Urnberg 1331 Eighth Street said he noticed Main Street being repaired in the downtown and asked if the crosswalks will be done correctly. He thanked the Council for the repair work completed on Eighth Street. Additionally, he asked if Animal Control will pick-up pigeons and relayed that the street post on “G” and Second Street needs painting.

Mike Torres, 1616 Eighth Street, commented that Olive Avenue has been closed for about one month and asked why it is taking so long to be reopened. He stated that the house moved in on Second Street has conditions that require installation of a fence and that have not taken place.

Mr. Torres also mentioned that a fence on Stefani Street is blocking the alleyway.

Dr. Manjit Nagi, 922 J Street, commended the Council for approving the hiring of an Animal Control Officer.

Lesa Sanchez., representing residents of Monte Cristo II Subdivision submitted a revised petition relating to issues involving the Monte Cristo Mobile Home Park including invasion of privacy, future land erosion and flooding She mentioned that residents continue to have problems with dirty and bad smelling water.

PUBLIC HEARINGS

1. City of Livingston’s Community Development Block Grant (CDBG) Programs.

The City of Livingston is required by the State Department of Housing and Community Development (HCD) to conduct a public hearing to inform the public of the City’s proposed and actual use of Community Development Block Grant (CDBG) funds, obtain citizens’ views, and respond to proposals and questions.

Sally Gomez and Claudia Bagioli, representing RM Associates, Fresno, gave a report on the City’s CDBG Programs and the services the firm provides to the City. The City, they noted, is currently engaged in various CDBG projects, one current project being renovation of the Court Theater.

Mayor Friesen opened the Public Hearing at 7:32 p.m. and subsequently closed the Public Hearing at 7:33 p.m., as there were no public comments.

The agenda item was for information purposes only and no Council action was required.

2. Community Development Block Grant Program, CDBG Grant #03-EDBG-920 Annual Grantee Performance Report.

The City of Livingston is required by the State Department of Housing and Community Development (HCD) to conduct a public hearing to inform the public of the City’s proposed and actual use of Community Development Block Grant (CDBG) funds, obtain citizens’ views, and respond to proposals and questions.

Mary Cervantes, Grant Administrator for the Merced County Commerce-Aviation and Economic Development Department, stated the City participates in the Microenterprise Technical Assistance Business Loan Program with Merced County. She explained the Program is aimed to provide technical assistance and funding to income qualified candidates interested in starting a business or businesses looking to expand. Income qualification is dependent upon household size and total household income level.

Ms. Cervantes commented the City was awarded a $300,000 grant in 2004 with the purpose of providing technical assistance and developing a business loan program for microentrepreneurs. She added the grant is due to expire on August 17th.

Mayor Friesen opened the Public Hearing at 7:35 p.m.

Mike Torres asked if the business has to be established in the City limits.

Ms. Cervantes replied yes.

Mayor Friesen closed the Public Hearing at 7:37 p.m., there being no further comments from the public.

City staff member, Jasmin Bains, announced there are business applications available at City Hall.

The agenda item required no action by the Council.

3. Resolution Adopting a Mitigated Negative Declaration and Approving Vesting Tentative Subdivision Map 2005-04, and Introduction and Waiving of the First Reading of an Ordinance Approving General Plan Map Amendment 2006-01, and Development Agreement 2006-02, for Del Valle Homes’ Bear River Crossing Subdivision.

The agenda item was presented by Community Development Director Donna Kenney.

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

Diann Benafield, Planning Commission Chair, gave an interpretation of the Planning Commission action on this item and stated the Commission is in favor of the development; however has some concerns. She noted the Commission recommended that Del Valle Homes take the ten acres originally planned for affordable housing and place the acreage in the second phase of development.

Ms. Benafield added there is not much land available for affordable housing and she would like staff to take this into consideration to ensure the City serves the housing needs of all community residents.

Mike Torres stated that he was present when the Planning Commission considered this item and recalled that the ten acres were initially dedicated for affordable housing. He raised questions regarding the number of General Plan amendments made this year, the canal in the development area, how far the Del Valle Homes project is from Livingston High School, and where drainage will flow.

Council Member Espinoza asked if Livingston High School is required to put in drainage.

Donna Kenney replied was yes.

Warren Urnberg pointed out there are only two roads in the Subdivision and the layout is wrong and resembles a maze.

Council Member Ingram said he also noticed the layout of the roads. He questioned Community Development Director Kenney about the ten acres proposed for affordable housing.

Wayne Koehn, representing the Livingston Middle School, took the opportunity to thank Del Valle Homes for the work they are doing and their contribution to the schools.

Sal Gonzales, Director of Government Affairs for Del Valle Homes, stated he is very proud of the housing project. He added Del Valle Homes is willing to work with the City to get matters ironed out.

In response to Mr. Torres’ question about drainage, Mr. Gonzales stated the pipeline will not flood out the neighborhood.

Mayor Friesen closed the Public Hearing at 7:59 p.m., as there were no further comments from the public.

Council Members Soria and Ingram expressed concern with the traffic flow at the Hammatt Interchange.

Both Council Members thanked Mr. Gonzales for the work being done by Del Valle Homes.

Council Member Espinoza questioned the fencing in the project area and also commented on upcoming projects.

Mayor Pro-Tem Vierra expressed concern with certain language in the Development Agreement. He asked if the name Wintu Court could be changed from Wintu to another name south of Shasta Street so the Police and Fire Departments do not get confused with Wintu Court as there are two Wintu Courts.

Mr. Gonzales commented there would be no problem with renaming the street.

Lengthy discussion followed on various aspects of the project and clarification of specific items.

Motion: M/S Soria/Ingram to adopt Resolution No. 2006-52, adopting a Mitigated Negative Declaration and Approving Vesting Tentative Subdivision Map 2005-04, and introducing and waiving the first reading of Ordinance No. 548, approving General Plan Amendment 2006-01 and Development Agreement 2006-02 for Del Valle Homes’ Bear River Crossing Subdivision. 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

4. Resolution Approving Site Plan / Design Review 2005-09, for the Development of a Commercial Building and the Conversion of a Residence to an Office.

Community Development Director Kenney presented the agenda item.

Mayor Friesen opened the Public Hearing at 8:20 p.m.

Applicant, Caesar Medrano, respectfully asked the Council to approve his proposed project. He noted he plans to make the switch and put in the other door so entrance can be made from both the shop and the outside.

Mayor Pro-Tem Vierra asked if the Public Hearing notice had been posted and raised a question regarding the neighboring fence.

Mayor Friesen closed the Public Hearing at 8:25 p.m., there being no further public comments.

Lengthy discussion followed on the proposed project.

Motion: M/S Ingram/Espinoza to adopt Resolution No. 2006-53, as amended with added conditions, approving Site Plan Design Review 2005-09 for the development of a commercial building and the conversion of a residence to an office. 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

5. Introduce and Waive the First Reading of an Ordinance Amending Sections 5-3-16, Lot Development Standards and Table 7, Lot Configurations, of Title 5, Chapter 3 of the Livingston Municipal Code, Regulating Minimum Lot Widths.

Community Development Director Kenney presented the agenda item.

Mayor Friesen opened the Public Hearing at 8:35 p.m.

Mike Torres asked about lot sizes.

Mayor Friesen closed the Public Hearing at 8:36 p.m., there being no further public comments.

Council Member Ingram asked about the size of the lots.

Council Member Espinoza asked how the frontage will be impacted.

Motion: M/S Vierra/Ingram to introduce and waive the first reading of Ordinance No. 549, amending Sections 5-3-16, Lot Development Standards and Table 7, Lot Configurations, of Title 5, Chapter 3 of the Livingston Municipal Code, Regulating Minimum Lot Widths. 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

The following consent agenda items were presented for the Council’s consideration:

6. Resolution No. 2006-54 Adopting the Initial Study and Mitigated Negative Declaration for the Foster Farms Reclamation Fields Expansion Project.

7. Minutes of City Council Meeting Held on July 18, 2006.

8. Approval of Warrant Register of July 24, 2006.

Mayor Friesen exited the Council Chambers and abstained from discussion on agenda Item #6 due to a conflict of interest.

Motion: M/S Ingram/Soria to approve the Consent Agenda as presented. The motion carried 4-0, with Mayor Friesen abstaining.

BREAK

The Council took a break at 8:40 p.m. and resumed the meeting at 8:48 p.m., with Mayor Friesen returning to chair the meeting.

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Sikh Temple Request for Fee Waiver.

Mr. Harjinder Singh, representing the Pacific Coast Khalsa Diwan Society Sikh Temple on Peach Avenue, stated the Temple is a non-profit organization. He further stated the Temple membership requests the City assist them with the construction of a Community Center by waiving permit fees for this project.

Mr. Singh added that the State placed a moratorium on the City on all new development in 2000 which in turn delayed the construction of their project, thus, the request for waiver of fees due to the increase in permit fees.

Mayor Friesen asked what the total fee amount is.

Mr. Singh replied he did not have an accurate figure of total fees at this time.

Mayor Pro-Tem Vierra asked if City staff could present the cost of fees charged in 2003 as compared to the amount of current fees.

Dr. Manjit Nagi recommended that a 10th of the fees be waived.

Council Member Espinoza recommended that the Temple be charged the fees that were in place in 2000 since the Temple lost their grant for funding due to the moratorium imposed by the State. The motion was seconded by Council Member Ingram, but failed to carry by a 2-3 vote, with Mayor Friesen, Mayor Pro-Tem Vierra and Council Member Soria voting no.

Mayor Friesen recommended that this matter be brought back to the Council at the next meeting and that staff present the amount of total fees that would be imposed for this project currently versus fees that would have been assessed in 2000.

10. Authorize Police Department to Purchase Equipment and Upgrade Police Communications System From 400mhz to County-Wide 800mhz System.

City Manager Warne presented the agenda item.

Chief Eldridge and his staff were present to answer questions.

Council Member Ingram asked what would be the impact to the City if the City would switch over to the Sheriff Department’s 800 system.

Chief Eldridge said the 800 system is what the Police Department is requesting to purchase.

Council Member Ingram asked if there were any grants available from Homeland Security.

Mayor Pro-Tem Vierra asked how future maintenance would be covered and who is going to maintain the system.

Chief Eldridge replied that the County will do the majority of the maintenance and the communications company will take care of the software.

Council Member Ingram asked Finance Director Lewis if there was money available in the budget to cover this expenditure.

The Council moved on to consider Item #11.

11. Authorize Police Department to Purchase Equipment and Install Mobile Digital Communications System at the Dispatch Center and in All Police Vehicles.

Chief Eldridge presented the agenda item.

Council Member Soria asked how long it would take an Officer to prepare a report versus the length of time it takes at the present time.

Dan Freeman, a representative from the communication company was present to answer questions.

The Council moved on to consideration of Item #12.

12. Authorize Police Department to Purchase Equipment and Install In-Car Camera System in Police Vehicles.

Chief Eldridge presented the agenda item.

Mayor Pro-Tem Vierra asked if the camera is automatically turned on and what would happen if the Officer forgot to turn the camera on.

Motion: M/S Ingram/Vierra to approve Items 10-12 as presented. The motion carried

5-0.

13. Introduce and Waive First Reading of An Ordinance of the City Council of the City of Livingston, California Adding Chapter 18 Entitled “Administrative Citations” to Title 1 of the Livingston Municipal Code Relating to Procedures for Issuing and Enforcing Administrative Citations.

City Manager Warne presented the agenda item.

Council Member Ingram commented that under SA52 he read some information that is in the Municipal Code regarding violations.

City Manager Warne recommended that Council allow introduction and first reading of the Ordinance and in the interim have City Attorney Hallinan and the City’s Special Counsel review the language.

Motion: M/S Vierra/Soria to introduce and waive the first reading of Ordinance No. 550, an Ordinance of the City Council of the City of Livingston, California Adding Chapter 18 Entitled “Administrative Citations” to Title 1 of the Livingston Municipal Code Relating to Procedures and Enforcing Administrative Citations. 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

14. Introduce and Waive First Reading of An Ordinance of the City Council of the City of Livingston, California Adding Chapter 17 “Notice of Public Nuisance and Order to Abate” to Title 1 of the Livingston Municipal Code Relating to Notice and Order Provisions for Public Nuisances and Abatement.

City Manager Warne presented the agenda item.

Motion: M/S Vierra/Soria to introduce and waive the first reading of Ordinance No. 551, an Ordinance of the City Council of the City of Livingston, California Adding Chapter 17 “Notice of Public Nuisance and Order to Abate” to Title 1 of the Livingston Municipal Code Relating to Notice and Order Provisions for Public Nuisances and Abatement. The motion carried 3-2 by the following vote:

AYES: Council Members: Soria, Vierra, Friesen

NOES: Council Members: Espinoza, Ingram

ABSENT: Council Members: None

15. Introduce and Waive First Reading of an Ordinance of the City Council of the City of Livingston, California Revising the “General Penalties” Provisions Contained in Chapter 4 of Title 1 of the Livingston Municipal Code.

City Manager Richard Warne presented the agenda item.

Council Member Espinoza asked for clarification from the City Attorney and the City’s Special Counsel on 114D of the Ordinance.

Lengthy discussion followed relating to the Ordinance.

Motion: M/S Soria/Vierra to introduce and waive the first reading of Ordinance No. 552, an Ordinance of the City Council of the City of Livingston, California Adding Revising the “General Penalties” Provisions Contained in Chapter 4 of Title 1 of the Livingston Municipal Code. The motion carried 3-2 by the following vote:

AYES: Council Members: Soria, Vierra, Friesen

NOES: Council Members: Espinoza, Ingram

ABSENT: Council Members: None

16. Introduce and Waive First Reading of An Ordinance of the City Council of the City of Livingston, California Adding Chapter 19 Entitled “Attorneys’ Fees and Cost Recovery” for Enforcement Actions to Title 1 of the Livingston Municipal Code Relating to the Recovery of Enforcement.

City Manager Richard Warne presented the agenda item.

Motion: M/S Soria/Vierra to introduce and waive the first reading of Ordinance No. 553,an Ordinance of the City Council of the City of Livingston, California Adding Chapter 19 Entitled “Attorneys’ Fees and Cost Recovery” for Enforcement Actions to Title 1 of the Livingston Municipal Code Relating to the Recovery of Enforcement. The motion carried 4-1 by the following vote:

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

NOES: Council Members: Espinoza

ABSENT: Council Members: None

. 17. Designation of Voting Delegate and Alternate for Annual League of California Cities Conference.

Motion: M/S Soria/Espinoza that Council Member Ingram be designated the voting delegate. The motion carried 5-0.

18. City Manager Announcements and Reports.

· None.

ADJOURNMENT

The meeting was adjourned by consensus at 10:08 p.m.

______________________________

City Clerk of the City of Livingston

APROVED: August 15, 2006

__________________________

Mayor or Mayor ProTempore

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s