JUNE 20, 2006

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JUNE 20, 2006

A Closed Session/Regular Meeting of the Livingston City Council was held on June 20, 2006 in the City Council Chambers 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

Council Member Roy Soria

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: 047-045-015.

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 6:51 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 7:05 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

1. Presentation – Spring Cleanup: Richard Gilton, Gilton Solid Waste Management, gave an overview of the spring clean up program and shared statistics on waste that was collected.

2. Presentation – New Waste Water Treatment Standards: Larry Parlin, Environmental Management Services gave an overview of the new standards for waste water and presented estimates of the costs of mandates from the State. He added there are also new reporting requirements.

3. Presentation – San Joaquin Valley Regional Blueprint: Patricia Nicholson, representing the Merced County Association of Governments (MCAG), provided information on the San Joaquin Blueprint project which involves long-range planning for the eight county regions. She gave an overview of the decision making process and information on the funding (grant funding). Ms. Nicholson noted that MCAG is currently presenting briefings on this project to city councils and the County Board of Supervisors and added that a valley wide opportunity planning summit meeting will be held in Fresno on June 28th.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports

Chris Bauer, representing Merced County Supervisor John Pedrozo, reported the County budget includes monies for re-roofing of the Veterans’ Building and $500 for Sober Grad. Gave special recognition to Mr. & Mrs. Russ Winton for their years of service in education in the community of Livingston

CITY COUNCIL MEMBERS’ ANNOUNCEMENT AND REPORTS

Mayor Pro-Tem Vierra

· Questioned the color scheme of a model home in the Mansionettes (Davante Villas).

· Announced the Citizens’ Advisory Committee will meet on June 27th.

· Noted that another CDBG grant for the Court Theater is due shortly and should be an item on the next meeting agenda.

MAYOR’S ANNOUNCEMENTS AND REPORTS

Mayor Friesen

  • Commented on Measure A being defeated and stated Merced County does not have monies for repair of roads. He noted a meeting of the MCAG Board will be held in the Board of Supervisors’ Chambers on June 22nd at 3:00 p.m. to discuss this issue. Mayor Friesen further commented that there is a group working to place Measure A back on the ballot for the November election. He added that bond measures on the November ballot will not be available to non self-help communities as there will be a match requirement to use the bond money.

CITIZEN COMMENTS

Mike Torres, 1616 Eighth Street, addressed the sign ordinance and developers’ signage. He recommended that developers who violate the ordinance should have to pay fines and overtime costs for City workers having to remove the signs.
Mr. Torres questioned if the commercial property north of Hammatt and Walnut is for sale and will the map remain the same.

Warren Urnberg, 1331 Eighth Street, asked if there is a State or City ordinance for loud music in vehicles and if so, he requested the ordinance be enforced. He also asked about the rendering plant status.

Marge McFadden, 1423 First Street, reported she had attended a meeting of the Merced County Mosquito Abatement District and the District will spray all around Livingston for west nile virus the evening of June 20th.

CONSENT CALENDAR

The following consent calendar items were presented for the Council’s approval:

4. Resolution No. 2006-45, a Resolution of the City Council of the City of Livingston Authorizing the City Clerk to Accept and Consent to Deeds or Grants of Real Estate from the Lillian Horta Trust for the Purchase of the Properties (APN# 047-140-016 and APN# 047-140-017) Adjacent to the Domestic Waste Water Treatment Plant.

5. Waive the Second Reading and Adopt Ordinance No. 545, an Ordinance Amending Title 8, Chapter 2 of the Livingston Municipal Code Establishing Policies, Rules and Regulations Governing Garbage, Refuse, Rubbish, Construction Rubbish, Hazardous Waste, Household Hazardous Waste, Infectious Waste, Liquid Industrial Waste, Recycling Materials, Green Waste and All Other Solid Wastes Generated in the City of Livingston and Adding Sections 8-2-1 Through 8-2-67 and Repealing Sections 8-2-1 Through 8-2-7 of the Livingston Municipal Code.

6. Annual Compensation Increase for Environmental Management Services (EMS).

7. Resolution No. 2006-46, a Resolution of the City Council of the City of Livingston Approving Administrative Fees Charged by the City of Livingston and Rescinding Resolution No. 96-21.

8. Appointment of Ron Krause to Citizens Advisory Committee.

9. Minutes of City Council Meeting Held on June 6, 2006.

10. Approval of Warrant Register of June 12, 2006.

Mayor Friesen noted a change on item #7, “City reserves the right to charge 1.5 times the cost of services for expedited services” not 1.5%. He also noted language changes to item #5.

Motion: M/S Vierra/Soria to approve the consent agenda items, with amendments to items #5 and #7. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Resolution Denying Time Extensions for Tentative Map 2003-02, Parcel Map 2004-01, and the Winton Parkway Commercial Development and Residential Development.

Community Development Director Kenney commented that development maps are two years old and the developers have already been granted one sixty day extension. She recommended denial of the request for the extension.

Richard Pifferetti, developer, requested an extension for the maps and introduced his speakers.

Brian Millar, representing Land Logistics, stated a letter providing the timeline of the projects was submitted to the City and the City set six conditions that had to be met to approve the extension. He added that items to be considered for the map extension were in regards to project timelines, technical issues, review process of plans, financial assurities, permits and weather, inspections. Mr. Millar commented that it is unrealistic to meet the December 31, 2006 deadline and requested an extension to June 2007.
Lance Kuykendall stated it is not feasible to meet the City’s deadlines. He gave an example of timelines to obtain and process a demolition permit for removal of the buildings.

Mr. Pifferetti summarized the request for extension. He pointed out the company has already completed a traffic impact study, development agreement, research associates study, property appraisal, soils report, map and details.
Attorney Rod Aderberry supported the extension and noted it is not uncommon to have extensions on complex projects.

Extensive discussion followed.

M/S Vierra/Soria to deny time extensions for Tentative Map 2003-02, Parcel Map 2004-01, and the Winton Parkway Commercial and Residential Developments. The motion failed to carry by the following vote:

AYES: Council Members: Soria, Vierra

NOES: Council Members: Espinoza, Ingram, Friesen

ABSENT: Council Members: None

Mayor Friesen questioned if the Winton Parkway right-of-way funds can be deposited within 48 hours. He clarified that the conditions are to be met in a timely manner and outlined timeframes on the conditions presented by the City.

The Council had input on conditions and requirements.

City Attorney Hallinan requested a signed document on the project and drafted a document.

The item was continued to the end of the meeting so the applicants could discuss the following conditions:

· Deposit with the City within 48 hours the amount of the school district’s appraisal for the purpose of opening escrow to acquire the Winton Parkway right-of-way.

· Begin construction of Winton Parkway improvements from “B” Street not later than December 2006 and complete construction not later than December 31, 2008.

· Begin “B” Street improvements for the full frontage of the project not later than June 30, 2007 and complete construction not later than June 30, 2008.

· Commit to begin construction of commercial buildings no later than June 2007.

· Demolish vacant house and barn within 60 days.

· Maps expire if above conditions are not met.

Motion: M/S Ingram/Espinoza to adopt Resolution No. 2006-47, approving time extensions with conditions for Tentative Map 2003-02, Parcel Map 2004-01, and the Winton Parkway Commercial and Residential Developments. The motion carried 4-1

by the following vote:

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

ABSENT: Council Members: None

12. Authorization to Begin Engineering to Pave All Dirt Alleys in the City of Livingston.

City Manager Warne stated that the City could use $1.5 million from the water fund and $1.9 million in Prop 13 funds for a total of $2.4 million to pave the alleys and replace water lines. He noted that water meters will be installed and garbage pick up will be impacted temporary.

Motion: M/S Soria/Ingram to authorize staff to begin engineering to pave all dirt alleys in the City of Livingston. The motion carried 5-0.

13. Discussion Regarding Moving City Council Chambers from City Hall to Museum.

Council Member Ingram recommended the former Council Chambers be upgraded and meetings be held at this location until the City Hall expansion is completed.

Mayor Friesen requested an update be presented (i.e., feasibility, timeframe, costs, etc.) on this matter at the next Council meeting.

14. Resolution Approving a Proposed Street Name Change from Briarwood Drive to Emerald Drive and Authorizing the City Engineer to File a Notice of Correction of the Final Maps with the Merced County Recorder’s Office.

Motion: M/S Espinoza/Ingram to pull this item from the agenda. The motion carried 5-0.

15. CITY MANAGER ANNOUNCEMENTS AND REPORTS – None.

ADJOURNMENT

The meeting was adjourned by consensus at 9:18 p.m.

_______________________________

City Clerk of the City of Livingston

APPROVED: July 5, 2006

___________________________

Mayor or Mayor ProTempore

One thought on “JUNE 20, 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…)

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