JULY 05, 2006

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JULY 5, 2006

A Closed Session/Regular Meeting of the Livingston City Council was held on July 5, 2006, in the City Council Chambers with Mayor Friesen presiding.

CLOSED SESSION

Mayor Friesen opened the meeting at 5:31 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 5:32 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 Attorney 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). 5 Cases.

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.

REGULAR MEETING

CALL TO ORDER

The meeting was called to order by Mayor Friesen at 7:06 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

The addition of Agenda Item No. 10 pertaining to the construction of a traffic signal at the corner of Winton Parkway and “B” Street.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

· None.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports

· None.

CITY COUNCIL MEMBERS’ ANNOUCEMENTS AND REPORTS

Council Member Ingram

· Nothing to report.

Council Member Soria

· Thanked everyone involved for doing a great job in staging the 4th of July Festival.

Council Member Espinoza

· Complimented those involved for doing a good job in coordinating the July 4th Festival.

Mayor Pro-Tem Vierra

· Echoed the same sentiments as Council Members Soria and Espinoza regarding the 4th of July Festival.

MAYOR’S ANNOUNCEMENTS AND REPORTS

Mayor Friesen

· Nothing to report.

CITIZEN COMMENTS

Collette Alvernaz requested a prayer for the crime that had taken place recently on Lincoln and Westside Blvds. She also reported on the information booth at the 4th of July Festival.

Richard Van Guilder, 1025 Main Street, stated that he had heard complaints about the July 4th Festival being held in resident’s back yards and said he hoped this would not happen again.

Mike Torres, 1616 Eighth Street, thanked the Council for a spectacular Fourth of July Festival. He also requested that the alley on Swan Street be opened again as currently the alley is closed due to barricades.

Mr. Torres further discussed the Sign Ordinance, in particular developer’s signage and recommended that the developers’ pay a fine and overtime costs for City workers who have to remove signs.

CONSENT CALENDAR

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

1. Denial of Claim for Damages from Nukal Bassi.

2. Denial of Claim for Damages from Angelino D. Zurita.

3. Minutes of City Council Meeting Held on June 20, 2006.

4. Approval of Warrant Register of June 27, 2006.

The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

5. Resolution Approving the Final Subdivision Map and Subdivision Improvement Agreement for Strawberry Fields Subdivision, and Authorizing the Mayor to Execute the Agreement.

The agenda item was presented by City Engineer Gottiparthy.

Motion: M/S Vierra/Ingram to adopt Resolution No. 2006-48, approving the Final Subdivision Map and Subdivision Improvement Agreement for Strawberry Fields Subdivision and Authorizing the Mayor to sign the Agreement. 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

6. Resolution 2006-49 to Adopt a Mitigated Negative Declaration and Approve Vesting Tentative Subdivision Map 2005-02 and Site Plan/Design Review 2006-02, and Introduce and Waive the First Reading of Ordinance No. 546, Approving Development Agreement 2006-01 for YCH Communities’ Somerset 2 Subdivision.

The agenda item was presented by Community Development Director Kenney and City Engineer Gottiparthy.

Extensive discussion was held regarding various aspects of the subdivision, including payment of fees, lot configuration, safety issues and conditions of approval.

Motion: M/S Ingram/Espinoza to adopt Resolution No. 2006-49 approving a Mitigated Negative Declaration, Vesting Tentative Subdivision Map 2006-02 and Site Plan/Design Review 2006-02 and introduce and waive the first reading of Ordinance No. 546 approving Development Agreement 2006-01 for YCH Communities Somerset 2 Subdivision. The motion carried 3-2 by the following vote:

AYES: Council Members: Espinoza, Ingram, Friesen

NOES: Council Members: Soria, Vierra

ABSENT: Council Members: None

7. Authorize Replacement of 300-Gallon Garbage Cans with 90-Gallon Garbage Cans.

The agenda item was presented by City Manager Warne.

Motion: M/S Vierra/Ingram to authorize replacement of 300 gallon garbage cans with 90 gallon garbage cans. The motion carried 5-0.

8. Authorization to Prepare Architectural Drawings for City Hall Expansion, and Develop Floor Plans and Elevations for City Council Approval for New Fire Station, Recreation Center and Senior Citizen Center.

City Manager Warne presented the agenda item.

Extensive discussion was held regarding the aforementioned projects.

Motion: M/S Soria/Vierra to authorize the preparation of architectural drawings for City Hall Expansion, and develop floor plans and elevations for City Council approval for new Fire Station, Recreation Center and Senior Citizen Center. The motion carried by a vote of 3-2, with Council Members Espinoza and Ingram voting no.

9. City Manager Announcements and Reports.

· Nothing to report.

10. Resolution Authorizing the City Clerk to Consent and to Accept Grant of Easement from the Winton Parkway Shopping Center for the Construction of a Traffic Signal at the Corner of Winton Parkway and “B” Street.

The agenda item was presented by City Engineer Gottiparthy.

Motion: M/S Ingram/Vierra to adopt Resolution No. 2006-50, authorizing the City Clerk to consent and to accept Grant of Easement from Winton Parkway Shopping Center for the construction of a signal light at the corner of Winton Parkway and “B” Street. 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

ADJOURNMENT

The meeting was adjourned by consensus at 8:34 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: July 18, 2006

__________________________

Mayor or Mayor ProTempore

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