JULY 18, 2006

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JULY 18, 2006

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

CLOSED SESSION

Mayor Friesen called the meeting to order at 5:07 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 5:08 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). 5 Cases.

Mayor Friesen abstained and left the Council Chambers during discussion of one Anticipated Litigation Case due to a conflict of interest.

Mayor Friesen returned to the meeting at approximately 6:20 p.m.

The Closed Session ended at 6:50 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:51 p.m.

REGULAR MEETING

CALL TO ORDER

Mayor Friesen called the meeting to order at 7:00 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 THE AGENDA

· None.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

· None.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

· Absent.

CITY COUNCIL MEMBERS’ ANNOUNCEMENTS AND REPORTS

· None.

MAYOR’S ANNOUNCEMENTS AND REPORTS

· None.

CITIZEN COMMENTS

Rod Attebery, representing the Law Firm of Neumiller & Beardslee, Stockton, had information regarding the Winton Parkway Shopping Center for the Council to consider and wanted to be placed on the August 1, 2006, meeting agenda.

Dwight Benafield, 1330 Queen Way, expressed good luck to Mayor Pro-Tem Vierra, Donna Kenney and Jasmin Bains who will be attending the Hollywood Theater Conference July 19-22, 2006.

Mr. Benafield requested that the Council and Planning Commission hold another joint workshop concerning the RV Ordinance issue.

Colette Alvernaz commented on the following matters: Home Schooling Program, Pro-Life Booklet, and a truck, possibly a PG&E truck that was blocking southbound traffic on Robin and Flint recently with no detour road warning or workers carrying stop and slow signs.

Mrs. Alvernaz also wanted to read a statement concerning Somerset 2 Subdivision; however, was advised by Mayor Friesen comments should be made when this item was considered under the consent agenda.

Ralph Meraz, 890 Columbia Road, Merced, a representative of the League of Independent Workers, had questions regarding his sign permit and the sign permit process.

Mr. Meraz was informed that staff would follow-up on this issue.

Council Member Espinoza stated that staff was directed not to enforce the Sign Ordinance until a workshop was held with the business owners.

Mike Torres, 1616 Eighth Street, thanked the Public Works Department for the recent repair work on Eighth Street.

Mr. Torres expressed concern again about the lack of a fence around the house that was moved in on Second Street.

Warren Urnberg, 1331 Eighth Street, thanked the City for the installation of sidewalks on Eighth Street.

Mr. Urnberg further commented on used car lots that have cars parked on the street and the sidewalk, especially on the weekends, and said the Police Department needs to keep a closer watch on this situation.

Rafael Macias, 1485 Nut Tree Road, complained about the drainage pond adjacent to Yamato Colony School and the drainage pond next to City Well #8 that is causing a problem with mosquitoes.

Manuel Mercado, 1449 Second Street, said he understood the City was planning to do away with the 300 gallon garbage containers in the alleys and replace them with individual 90 gallon cans and that he favored keeping the 300 gallon cans.

Rosa Lopez, 816 Eighth Street, questioned the problem with the quality of the City’s water, specifically rusty, dirty and bad smelling water.

Mayor Friesen commented the City is currently replacing water lines in alleys that are going to be paved.

City Manager Warne explained the City is spending four million dollars for water line replacement to improve the water quality in Livingston.

PUBLIC HEARINGS

  1. Resolution Adopting the Initial Study and Mitigated Negative Declaration for the Foster Farms Reclamation Fields Expansion Project.

Mayor Friesen abstained and left the Council Chambers during consideration of this item due to a conflict of interest. He turned the meeting over to Mayor Pro-Tem Vierra.

The agenda item was presented by Community Development Director Kenney.

Mayo Pro-Tem Vierra opened the Public Hearing at 7:32 p.m.

Kristin Green, Legal Counsel for Foster Farms, requested that some mitigation measures be modified in the environmental document.

Mike Torres asked if all acreage is in the City limits and whether these were fields or ponds.

Staff replied yes, all acreage is within the City limits and are called reclamation or percolation ponds.

Maria Gonzalez, 6381 Walnut Avenue, Winton, with the assistance of Council Member Espinoza who served as interpreter, alleged that Foster Farms gives employees contaminated water mixed in Gatorade and also cited other sanitary problems at Foster Farms.

Ruben Cesary, Livingston, with the assistance of Council Member Espinoza, voiced concern regarding water contamination at Foster Farms.

Mayor Pro-Tem Vierra closed the Public Hearing at 7:50 p.m., as there were no further comments from the public.

Motion: M/S Soria/Vierra to adopt Resolution No. 2006-51, Adopting the Initial Study and Mitigated Negative Declaration for the Foster Farms Reclamation Fields Expansion Project. The motion failed to carry by the following vote:

AYES: Council Members: Soria, Vierra

NOES: Council Members: Espinoza, Ingram

ABSTAIN: Council Members: Friesen

ABSENT: Council Members: None

Mayor Friesen returned to the Council Chambers for the remainder of the meeting.

CONSENT CALENDAR

2. Waive the Second Reading and Adopt Ordinance No. 546 and Approve Development Agreement 2006-01 for YCH Communities’ Somerset 2 Subdivision.

This item was pulled from the agenda at the request of the Developer.

Collette Alvernaz was prepared to read a statement containing concerns she was asked to bring up to the Council; however, was told that no comments could be made at the time because the item was pulled from the agenda.

3. Minutes of City Council Meeting Held on July 5, 2006.

4. Approval of Warrant Register of July 10, 2006.

Motion: M/S Vierra/Soria to approve Items 3 and 4 on the consent calendar. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

5. Resolution Calling and Giving Notice of the Holding of a General Municipal Election to be Held on November 7, 2006, for the Submission to the Voters of Measures Relating to Mayoral Term and Transient Occupancy Tax, and Requesting Consolidation of this Election with Merced County.

City Manager Warne presented the agenda item.

Council Member Ingram commented that when the question of having a directly elected Mayor was posed to the voters in the past, the citizens voted to appoint the Mayor to a two year term and placing this measure back on the ballot will confuse the voters and make them feel they made a mistake initially.

Council Member Soria commented that in his opinion a two year term was not long enough.

Mayor Pro-Tem Vierra agreed and stated that if a Council Member’s term is four years, then the Mayor’s term should also be four years. He also addressed the Transient Occupancy Tax measure.

Motion: M/S Ingram/Espinoza to adopt Resolution No. 2006-51, as amended to read that the Mayor’s term be either two or four years in order to clearly define the measure to the voters. The motion carried 3-2 by the following vote:

AYES: Council Members: Espinoza, Ingram, Friesen

NOES: Council Members: Soria, Vierra

ABSENT: Council Members: None

6. Urgency Ordinance Establishing a Moratorium on Outdoor Seating for Restaurants, Cafes, and Similar Uses.

The agenda item was presented by Community Development Director Kenney. Lengthy discussion followed.

Denis Wells, 1159 Second Street, expressed concerns with the blockage of sidewalks.

Council Member Ingram was in favor of a 90-day moratorium for the Ordinance versus the one year moratorium recommended by staff. He questioned if existing businesses that have outdoor seating would have to remove tables and chairs. City Attorney Hallinan replied, no, under the Ordinance, these businesses would be grandfathered-in.

Council Member Ingram stated that as long as it is safe for citizens to walk on the sidewalks he is in favor of the Ordinance.

Motion: M/S Vierra/Ingram to waive the first and second readings and adopt Urgency Ordinance No. 547, as amended by a 90-day moratorium. The motion carried 4-1 by the following vote:

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

NOES: Council Members: Espinoza

ABSENT: Council Members: None

7. Approval of Warrant No. 60229, True Value Hardware.

Motion: M/S Ingram/Vierra to approve Warrant No. 60229 to True Value Hardware. The motion carried 4-0-1, with Mayor Friesen abstaining due to a conflict of interest.

8. City Manager Announcements and Reports.

· None.

ADJOURNMENT

The meeting was adjourned by consensus at 8:00 p.m.

_______________________________

City Clerk of the City of Livingston

APPROVED: August 1, 2006

___________________________

Mayor or Mayor ProTempore

One thought on “JULY 18, 2006

  1. Pingback: Signs of the Times, Parting Shots, Repercussions, and a City Council Agenda « Thegardeningsnail's Weblog (because not every critter is hiding under a rock…)

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