AUGUST 15, 2006

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

AUGUST 15, 2006

A Closed Session/Regular Meeting of the Livingston City Council was held on August 15, 2006, in the City Council Chambers with Mayor Friesen presiding.

CLOSED SESSION

Mayor Friesen opened the meeting at 5:33 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 54956.9(b). 3 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). City of Livingston v. Foster Poultry Farms, Inc., Merced County Superior Court Case No. 149568.

The Closed Session ended at 6:05 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:06 p.m.

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

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

CHANGES TO AGENDA

City Manager Warne reported the City was contacted by a representative of the Sikh Temple asking that their item (Agenda Item No. 13) relating to waiver of fees be tabled.

It was moved by Council Member Ingram, seconded by Mayor Pro-Tem Vierra and carried 5-0 to add an urgency item to the agenda pertaining to a request from the Livingston Community Network to use Memorial Park for a Multicultural Festival on October 14th.

City Manager Warne noted that Council action is needed for park reservations with an attendance of 500 or more people.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PRCLAMATIONS

1. Mayor Friesen: “Presidential Volunteer Service Awards.”

Mayor Friesen presented awards to various Livingston Firefighters in recognition and appreciation for the number of hours spent volunteering their services to the community.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Nick Dawidczik, Supervisor Pedrozo’s Assistant, reported the following:

· Merced County FY 06/07 budget was passed.

· Yamato School presentation.

· Reminder of his presence at City Hall every Thursday from 9:00 a.m. to 11:00 a.m.

City Council Members’ Announcements and Reports.

Council Member Ingram

· Referred to large trucks hauling sand on Winton Parkway to freeway which is a potential safety hazard now that school is in session and new development is in progress.

Council Member Espinoza

· Nothing to report.

Council Member Soria

· Nothing to report.

Mayor Pro-Tem Vierra

· Expressed concern with the amount of graffiti in town and asked if anything is being done to alleviate the problem.

· Questioned why trucks were allowed to park southbound on Gallo Drive facing the same direction instead of going with the traffic on each side of the street.

· Noted there is an out house next to ramp at front door of the sales office in La Tierra Subdivision and pointed out this is not permissible per an Ordinance passed by the Council prohibiting this type of facility by front doors of subdivisions.

· Street light on Winton Parkway and southbound entrance to freeway is out and Caltrans needs to be notified of this problem.

Mayor’s Announcements and Reports.

Mayor Friesen

· Reported that the school is no longer busing students that live within a one mile radius and asked that the public check to see that students are using sidewalks and intersections for safety purposes.

CONSENT CALENDAR

Motion: M/S Vierra/Ingram to approve the following Consent Calendar items:

2. Resolution No. 2006-55, Authorizing the Application for an Enterprise Zone by the City of Livingston.

3. Adopt Resolution No. 2006-56 to Accept Improvements for the Little Guys and Gals

Park and Alvernaz Park by Lockwood General Engineering, Inc., Directing the City Clerk to Record a Notice of Completion with Merced County, and Authorizing the City Manager to Release Performance and Materials Bonds and 10% Retention to Contractor.

4. Waive the Second Reading and Adopt Ordinance No. 548, and Approve a General Plan Map Amendment, Rezone, and Development Agreement 2006-02 for Del Valle Homes’ Bear River Crossing Subdivision.

5. Waive the Second Reading and Adopt 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.

6. Waive the Second Reading and Adopt 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 for Issuing and Enforcing Administrative Citations.

7. Waive the Second Reading and Adopt 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.

8. Waive the Second Reading and Adopt Ordinance No. 552, an Ordinance of the City Council of the City of Livingston, California Revising the “General Penalties” Provisions as Contained in Chapter 4 of Title 1 of the Livingston Municipal Code.

9. Waive the Second Reading and Adopt 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.

10. Denial of Claim for Damages from Dorothy and Alvin Burkland.

11. Minutes of City Council Meeting Held on August 1, 2006, as amended.

12. Approval of Warrant Register of August 8, 2006.

The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

13. Livingston Community Network’s Use of Memorial Park.

Motion: Ingram/Espinoza to approve a request from the Livingston Community Network to use Memorial Park for a Multicultural Festival on October 14, 2006, from 1:00 p.m. to 9:00 p.m. The motion carried 5-0.

Mayor Friesen commented that the park reservation form language in relation to the number of participants is not consistent with the Ordinance.

14. City Manager Announcements and Reports.

· Nothing to report.

ADJOURNMENT

The meeting was adjourned by consensus at 7:36 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: September 5, 2006

___________________________

Mayor or Mayor ProTempore

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