June 06, 2006

Meeting Minutes

Closed Session/Regular Meeting

Livingston City Council

June 6, 2006

A Closed Session/Regular Meeting of the Livingston City Council was held in the City Council Chambers on June 6, 2006, with Mayor Friesen presiding.

CLOSED SESSION

Mayor Friesen opened the meeting at 5:29 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 5:30 p.m. to discuss the following matters:

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

Property: 047-140-006.

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 Legal Counsel—Anticipated Litigation. Significant Exposure to Litigation

Government Code 54956.9(b). 5 Cases.

The Closed Session ended at 7:03 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 7:04 p.m.

REGULAR MEETING

CALL TO ORDER

The meeting was called to order by Mayor Friesen at 7:12 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance was led by Wayne Koehn.

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.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

  1. Presentation – Spring Cleanup Report.

· Continued to Regular Meeting of June 20, 2006.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Chris Bauer, Assistant to Supervisor Pedrozo, reported that:

· Mr. Pedrozo is out of town, so the presentation to Russ Winton will be done when he returns.

· Relayed congratulations to all the new 2006 graduates.

City Council Members’ Announcements and Reports.

Mayor Pro-Tem Vierra

· Sober grad went well with about 235 in attendance.

Mayor’s Announcements and Reports.

Mayor Friesen

· Reported on the Mayors Conference he attended along with Council Member Ingram.

He noted that all cities deal with similar issues and it was refreshing to see that Livingston is not unique.

Staff Announcements and Reports.

Police Chief Eldridge

· Officers Patrick Geary and Ray Fong were promoted to Sergeant.

· Reported on Sober Grad and expressed concern that the students were bused to the Sober Grad location and feels that the MUHSD does not take more initiative in this type of program. He added that if it were the LUSD, this would not have happened.

· Invited Council to the next Neighborhood Visit on June 8th.

CITIZEN COMMENTS

Wilma Fillpot, 1585 Monte Cristo Way, displayed a sample of brown water that she alleges came out of her home faucet and relayed that she and her neighbors are upset and concerned with this situation. Ms. Fillpot also questioned if developers have to disclose nuisances such as odors and brown water.

Collette Alvernaz commented that the pool is now open, but there is a problem with the first step on the pool ladder that needs to be mended. She reported that the library is on its way into the summer programs. Ms. Alvernaz also asked about placing a plastic recycling bin in the parks and for a resolution honoring fathers.

Patricia Chavez stated that for the Council’s information, she has an issue with the soccer program that is being run by Leo Pulido. She voiced her concerns with games being played at Selma Herndon School that is very dangerous due to gofer holes, the restrooms are not open, and the fields are watered before games.

Ms. Chavez added that uniforms are very inexpensive and questioned where the money Mr. Pulido collects for sign-ups is going, implying that perhaps to his soccer facility in Turlock. She stated she would like to see Mr. Pulido get an assistant because he is overworked and can’t do everything that he is asked to do.

Ms. Chavez questioned why the City does not have a soccer league. She also referred to the City baseball program and expressed frustration that there were no concessions during games. Ms. Chavez further noted that the Recreation Superintendent should be in attendance at every game and not just delegate.

Narcico Guerra requested that yield or stop signs be placed at the turn-about on Aldridge Avenue and Tehama Drive. He commented that he and his wife were walking recently and almost got hit by a car.

Mike Torres, 1616 Eighth Street, addressed the matter of RV’s, setbacks, carports and cyclone fencing and asked why there hasn’t been a resolution approved to regulate them. He also referred to the house moving policy and stated that Danny Au-Young had 45 days to complete the project on Second Street, but the project has not been completed to date.

Warren Urnberg, 1331 Eighth Street, stated he has observed a lot of basketball hoops on the street and feels they should be taken off the street and put in the residents’ yards. He commented on the Spring Cleanup and noted that everything went well; however, not everyone took advantage of this service and they dumped garbage and other materials in his alley.

Mr. Urnberg further complained about the A-framed “Cricket” sign on Main Street and recommended that additional staff be trained on how to place agendas and other notices on the Community Access Channel at City Hall.

PUBLIC HEARINGS

2. 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.

Councilmember Espinoza left the Council Chambers and abstained from discussion on this item due to a conflict of interest (he lives on Emerald Drive.

Community Development Director Kenney presented the agenda item.

Councilmember Ingram asked if notices in all languages were provided to residents affected by the name change.

Community Development Director Kenney replied no, a notice was published in the newspaper and posted on the City Hall bulletin board.

Mayor Friesen opened the Public Hearing at 7:43 p.m.

Ann Ramsey-Mitchell, a resident on Emerald Drive, stated that she is a teacher and to assist children on getting on the right bus she feels it would be better if the street names remain the same. She also feels that safety personnel (police and fire) would be more familiar with the location if both street ends had the same name.

Mike Torres, a former Planning Commissioner, explained why the street ended up with two different names.

Mayor Friesen closed the Public Hearing at 7:47 p.m., there being no further comments from the public.

Council Member Ingram made a motion to approve the proposed street name change from Briarwood Drive to Emerald Drive. The motion died for lack of a second.

Mayor Pro-Tem Vierra commented that he served on the Council when Emerald Drive was named, so he feels he is part to blame for the situation.

Council Member Soria recommended that the street name change be completed with the condition that all residents on Briarwood be compensated for their out-of-pocket expenses.

Mayor Pro-Tem Vierra made a motion that the street names remain as is. The motion died for lack of a second.

Motion: M/S Soria/Ingram to table this item for further study and discussion. The motion tied, with Mayor Friesen and Mayor Pro-Tem Vierra voting no; therefore, no further discussion on this item will be held in the future.

3. Resolution Initiating Proceedings under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500 Et. Seq.: for the Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1 and Confirming Assessments for Fiscal Year 2006/2007.

Bryan Miller from MuniFinancial presented the agenda item.

Mayor Friesen opened the Public Hearing at 7:59 p.m. and subsequently closed the Public Hearing at 8:00 p.m., as there were no comments from the public.

Motion: M/S Vierra/Soria to adopt Resolution No. 2006-39, a Resolution Initiating Proceedings under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500 Et. Seq.: for the Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1 and Confirming Assessments for Fiscal Year 2006/2007. 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 Initiating Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717 Et Seq.: for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts and Confirming Assessments for Fiscal Year 2006/2007.

Bryan Miller, MuniFinancial, presented the agenda item.

Mayor Friesen opened the Public Hearing at 8:02 p.m. and subsequently closed the Public Hearing at 8:03 p.m., there being no comments from the public.

Motion: M/S Ingram/Soria to adopt Resolution No. 2006-40, a Resolution Initiating Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717 Et Seq.: for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts and Confirming Assessments for Fiscal Year 2006/2007. 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 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.

Mayor Friesen opened the Public Hearing at 8:06 p.m.

Mike Torres commented on the proposed Ordinance and noted there is nothing mentioned in the Ordinance about Foster Farms leaving feathers on the road from their trucks. He also commented that hauling trucks that carry raw blood and intestines are also not mentioned in the Ordinance.

City Manager Warne explained that there is a section in the Ordinance that addresses these particular types of trucks. He added that truck operators will have to obtain a permit from the City to haul these types of waste.

Lengthy discussion followed.

Gurpal Samra, 1034 J Street, asked about the disposal of small animals.

City Manager Warne recommended that Mr. Samra obtain a copy of the Ordinance and come in to see him if he had any questions.

Mayor Friesen closed the Public Hearing at 8:20 p.m., as there were no further public comments.

Council Member Ingram asked how this Ordnance will be enforced for people who rummage through garbage cans to recover recyclables. He added that the language in the Ordinance is very harsh and feels there should be a better definition of who the penalties apply to.

City Manager Warne explained that the intention is not to make arrests, and he is sure the Police Department will use good judgment.

Further discussion followed.

Motion: M/S Soria/Vierra to introduce and waive the first reading of 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 to the Livingston Municipal Code. 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 Calendar items were presented for Council approval:

6. Resolution No. 2006-41, Approving a Cost of Living Increase in the Amount of 3.1% for All Full-Time Permanent Employees of the City of Livingston.

7. Resolution No. 2006-42, Authorizing the City Manager to File Regional Surface Transportation Program (RSTP) Program Funds Claim for Fiscal Year 2005-2006.

8. Resolution No. 2006-43, Approving the Local Transportation (LTF) Claim to be Filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2006-2007.

9. Minutes of City Council Meetings Held on May 16 and May 24, 2006.

10. Approval of Warrant Register of June 6, 2006.

Motion: M/S Vierra/Ingram to approve the Consent Calendar items as presented. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Second Amendment to Gallo Development Agreement by and Between City of Livingston and TA Operating Corporation D/B/A Travel Centers of America.

Frank Borges, planning consultant for the Gallos, stated he has spoken with Mr. Gallo and they are much closer to signing the final document. He commented that he is glad that this project is finally getting built.

Motion: M/S Vierra/Espinoza to approve the Second Amendment to the Gallo Development Agreement between the City of Livingston and TA Operating Corporation D/B/A Travel Centers of American, with the addition of three conditions as follows:

1.) Site Plan approval by City staff, 2.) Engineering drawings approved by the City Engineer, and 3.) Letter from Mr. Gallo approving design of structures. The motion carried 5-0.

12. Resolution Approving an Increase in Specific Fees Charged by the Livingston Police Department for Services Rendered.

Police Chief Eldridge made the presentation and recommended that fees be increased since they have not been increased for the last 15 years.

Mayor Pro-Tem Vierra asked Chief Eldridge some questions regarding bike licenses and charges for storage of vehicles.

Motion: M/S Soria/Ingram to adopt Resolution No. 2006-44, Approving an Increase in Specific Fees Charged by the Livingston Police Department for Services Rendered. 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

13. Construction of Restroom Facility at Police Department Firing Range.

City Manager Warne and Police Chief Eldridge presented the agenda item.

Motion: M/S Ingram/Espinoza to Approve the Construction of a Restroom Facility at the Police Department Firing Range. The motion carried 5-0.

13. City Manager Announcements and Reports.

· Nothing to Report.

ADJOURNMENT

The meeting was adjourned by consensus at 8:52 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: June 20, 2006

___________________________

Mayor or Mayor ProTempore

One thought on “June 06, 2006

  1. Pingback: Fireworks Booths and Council Picks, Flushing Away the Brown Water, A Water System Update, and a Brief Look at March, 2015 | Thegardeningsnail's Weblog (because not every critter is hiding under a rock...)

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