March 07, 2006

MEETING MINUTES

City Council of the City of Livingston

Closed Session – 5:30 P.M.

Regularly Scheduled Meeting – 7:00 P.M.

Location of Meeting: City Hall Conference Room

1416 “C” Street

Date/Time: March 7, 2006 – 5:30 P.M.

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

CLOSED SESSION

Mayor Friesen opened the meeting at 5:34 p.m.

The Council went into Closed Session at 5:35 p.m. to discuss the following matters.

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

{Pursuant to Government Code Section 54956.9(b)}

Number of Cases: 5

2. PUBLIC EMPLOYMENT

(Pursuant to Government Code Section 54957)

Title: City Manager & City Attorney

The Closed Session ended at 6:47 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:48 p.m.

REGULAR MEETING

Mayor Friesen opened the meeting at 7:01 p.m.

WELCOME

Mayor Friesen welcomed those in attendance.

A Story from the Past about her father-in-law, Joe Alvernaz “Sweet Potato Joe”, was read by Collette Alvernaz.

PLEDGE OF ALLEGIANCE

The pledge of allegiance was led by Mike Torres

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

REPORT OUT OF CLOSED SESSION

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

STAFF REPORTS

City Clerk – Martha Nateras

· Swore in two new City employees, Richard Warne, City Manager, and Robert Silva, Police Officer.

City Treasurer – Antonio Silva

· Absent.

City Attorney – Tom Hallinan

· Nothing to report.

City Engineer – Nanda Gottiparthy

· Directed the Council’s attention to his department staff report and said he was available to answer any questions Council may have.

Assistant City Manager/Finance Director – Vickie Lewis

· Absent.

Public Works Director – Paul Creighton

· Nothing to report.

Police Chief – Bill Eldridge

· The Annual Golf Tournament will be held on Monday, June 26th.

· Officer Patrick Geary will be honored at this year’s MAD Banquet in Sacramento on Apri8th. He extended an invitation to the Council and staff to attend. Will be departing Livingston at 5:30 p.m.; please RSVP.

Recreation Superintendent – Jacquie Benoit

· Have signed up 400 participants for baseball; practice starts March 11th.

Community Development Director – Donna Kenney

· Nothing to report.

Building Official – Rex Wyatt

· Nothing to report.

EMS – Dan Manchester

· Absent.

Fire Chief – Mikel Martin

· Absent.

City Manager – Richard Warne

· Nothing to report.

COUNCIL REPORTS

Council Member – Roy Soria

· Current flag at City Hall needs to be replaced with a new flag.

· Asked for an update on the stop signs at Prusso and “I” Street, Hammatt and Park Street, and “F” and Seventh Street mentioned at previous Council meetings.

Public Works Director Creighton said his department is waiting for the weather to improve before installing stop signs.

Council Member – Rodrigo Espinoza

· Nothing to report.

Council Member – William Ingram

· Nothing to report.

Mayor Pro-Tem – Frank Vierra

· Attended the swearing-in of Police Officer, Robert Silva.

· Attended the Dispatcher and Officer of the Year luncheon.

· Attended a workshop on the Domestic Wastewater Treatment Facility.

· Will be attending a workshop on farm land conservation.

· Attended the swearing-in of new City Manager, Richard Warne.

· Asked Donna Kenney to check and determine if the car lot on Industrial Way and Walnut is in compliance.

· Received a call from a resident who lives behind the Livingston Medical Clinic who is concerned about the potholes in the alley.

City Manager Warne commented he had received a concern from Council Member Ingram regarding that same issue. He met with Public Works Director Creighton to see what needs to be done to take care of the problem. Mr. Warne also noted he will review the budget and meet with the City Engineer to see how they resolve this situation.

· Court Theater Wine & Cheese Fundraiser will be held on Sunday, March 19th from 2:00 p.m. to 5:00 p.m. Tickets are available for $30.00.

· Noted that Developer Dennis Buchanan sold the property by the Little Guys Field and questioned why Mr. Buchanan didn’t offer to sell the property to the City.

· Asked Council Member Ingram about LAFCO. MCAG is invited to the meeting on Thursday, March 16th.

City Manager Warne said he would call the realtor and check on the property next to the Little Guys Field.

Mayor – Brandon Friesen

· Nothing to report.

MERCED COUNTY SUPERVISORS

3. Supervisor John Pedrozo – District 1

· Absent.

Supervisor Pedrozo’s Assistant, Chris Bowers, reported that he will be available to the public at City Hall every Thursday from 9:00 a.m. to 11:00 a.m.

PUBLIC COMMENTS

Mike Torres, 1616 8th Street:

· Complimented Public Works Director Creighton for the improved lighting in the City Hall parking lot.

· Noted that a fence was put in without a permit at a house that was moved in on Second Street.

· Referred to Mayor Pro-Tem Vierra’s comment about the alley behind the medical clinic being paved. He noted that because of the potholes, the alley needs to be paved all the way from the library to the dental office.

PRESENTATIONS

4. None

CONSENT CALENDAR (Items 5-7)

The following consent agenda items were presented for Council approval:

5. Waiving Readings of Ordinances and Resolutions except by Title

6. Approval of Minutes – Closed Session/Regular Meeting of February 21, 2006, and Special Meeting of February 24, 2006.

7. Approval of Warrants – Warrant Registers of March 7, 2006.

Council Member Ingram questioned check #58842. It was his understanding that the City has already purchased a backhoe and asked if this was a new one.

Mayor Friesen questioned check #58819. Police Chief Eldridge explained that this check was reimbursement for tickets that were not received. He felt the ethical thing to do was to return the money to person.

Motion: M/S Vierra/Ingram to approve the consent agenda items as presented with the exception of amending the Minutes of the Closed Session/Regular Meeting of February 21, 2006. The motion carried 5-0.

PUBLIC HEARING (Item 8)

8. Resolution Amending the Fee Schedule Associated with the Provision of Building Safety Services to the Public

Community Development Director Kenney and Building Official Wyatt gave a brief dissertation on the need to revise the fee schedule associated with the provision of building safety services to the public in order to provide for fair and full compensation for building safety services. They presented the Council with a schedule of fees.

Council Member Espinoza commented that he would like to see a schedule of current fees.

Mayor Friesen opened the Public Hearing at 7:50 p.m.

Mike Torres asked why the change in fees was not announced to the public.

Community Development Director Kenney informed Mr. Torres that notices were placed in the Livingston Chronicle and on the Cable Community Access Channel.

Building Official Wyatt stressed that the fees were not being changed, but were only being simplified.

Mayor Friesen closed the Public Hearing at 7:57 p.m., there being no further comments from the public.

Council Member Espinoza commented that he would like to be given more time to study this issue and make comparisons. He recommended that this item be continued and brought back for Council consideration at the next regular meeting.

Council Member Ingram concurred that this item should be postponed to the next regular meeting so that City residents are aware and informed of the fee schedule changes.

Building Official Wyatt reiterated that the fees are not increasing; they are only being more clearly defined.

City Manger Warne recommended that this information be placed on the City’s new Website that should be completed within the next 60 to 90 days.

Motion: M/S Espinoza/Ingram to continue the Public Hearing on this item to the Council’s Regular Meeting of March 21, 2006. The motion carried 4-1, with Mayor Pro-Tem Vierra voting no.

ADMINISTRATIVE MATTERS (Item 9)

9. Adopt a Resolution to Approve the Final Map and Subdivision Improvement Agreement for La Tierra (Rancho Estrada) Subdivision, and Authorize the Mayor to Execute the Agreement

City Engineer Gottiparthy presented the agenda item requesting that the Council adopt a Resolution approving the Final Map and Subdivision Improvement Agreement for La Tierra (Rancho Estrada) Subdivision and authorize the Mayor to execute the agreement. The Subdivision is a single-family residential development with a total of 77 lots located at “F” Street and Robin Avenue.

The Subdivider, Lafferty Livingston, LLC, wishes to enter into a Subdivision Improvement Agreement and record a Final Map for La Tierra (Rancho Estrada) Subdivision. The Final Map has been reviewed as to its substantial compliance with the approved Vesting Tentative Subdivision Map. The Subdivision Improvement Agreement guarantees as required by the Livingston Municipal Code have been prepared and have been executed by the Subdivider.

Upon completion of all improvements, the City will accept the improvements for maintenance and will accept all offers of dedication of public right-of-way at that time.

Motion: M/S Ingram/Espinoza that the City Council move to adopt Resolution No. 2006–20, A Resolution of the City Council of the City of Livingston, Approving the Final Subdivision Map and Subdivision Improvement Agreement for La Tierra (Rancho Estrada) Subdivision, and Authorizing the Mayor to Execute 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

ADJOURNMENT

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

______________________________

City Clerk of the City of Livingston

APPROVED: March 21, 2006

___________________________

Mayor or Mayor ProTempore

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