MARCH 21, 2006

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

MARCH 21, 2006

A Closed Session/Regular Meeting of the Livingston City Council was held in the City Council Chambers on March 21, 2006, with Mayor Friesen presiding.

CLOSED SESSION

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

Mayor Friesen called the meeting to order at 5:32 p.m.

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: 047-380-085, 047-380-086, 047-380-094, 047-380-095.

City Negotiators: City Manager Richard N. Warne and City Attorney Tom Hallinan.

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

Property: 047-140-006.

City Negotiators: City Manager Richard N. Warne and City Attorney Tom Hallinan.

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

Property: 024-361-001.

City Negotiators: City Manager Richard N. Warne and City Attorney Tom Hallinan.

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

Property: 047-180-027.

City Negotiators: City Manager Richard N. Warne and City Attorney Tom Hallinan.

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

Property: 047-200-024.

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 6:30 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:31 p.m.

REGULAR MEETING

Mayor Friesen called the meeting to order at 7:02 p.m.

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

CLOSED SESSION ANNOUNCEMENTS

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

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Special Recognition to Vicki Lewis as Interim City Manager: Mayor Friesen presented Ms. Lewis with a plaque in appreciation for her outstanding work and efforts as Interim City Manager.

2. Presentation by Representative of League of California Cities. (Debbie Olson). Ms. Olson was absent.

ANNOUNCEMENTS AND REPORTS

City Council Members’ Announcements and Reports:

Mayor Pro-Tem Vierra:

  • Attended a dinner meeting of the CVD League of California Cities with City Manager, Richard Warne.
  • Reported on the Wine and Cheese fundraiser for the Court Theater held on March 19th.

Mayor’s Announcements and Reports.

  • Nothing to report

CITIZEN COMMENTS

Warren Urnberg, 1331 Eighth Street, addressed the matter of street reconstruction, pointing out the number of potholes on Eighth Street. He asked the City to see about repairing the potholes.

Mike Torres, 1616 Eighth Street, expressed concern about an incident on Eighth Street that involved a vicious dog that chased the mailman causing him to jump over a cyclone fence. Mr. Torres also voiced concern about the protection of City employees that responded to the incident and felt there was not enough protection for the workers.

Mr. Torres expressed concern about portable carports. He noted a workshop on this matter had been held previously, but questioned when the City Council was going to take action on this issue.

Mr. Torres also questioned the three minute time limit for citizens’ comments and asked when this time limit had come about.

Tim Miller, a consultant for Dunmore Homes, addressed the storm drainage pond at the Livingston Sports Complex and noted that due to inclement weather the developer may not be able to meet the March 31, 2006 deadline date set by the City to fill in the pond.

PUBLIC HEARINGS

3. Introduce and Waive First Reading of an Ordinance of the City Council of the City of Livingston Adding Title 6, Chapter 10, Section 46 to the Livingston Municipal Code Requiring the Installation of Subdivision Improvements Prior to the Issuing of Building Permits.

Mayor Friesen opened the Public Hearing at 7:17 p.m.

Terrence Grindall, representing Ranchwood Homes, gave a detailed statement regarding the proposed Ordinance and urged the Council to continue this item to afford Ranchwood Homes and other developer’s time to meet with City staff and offer their input.

Mr. Grindall stated that the Ordinance could delay Ranchwood’s plans to construct homes. Mr. Grindall requested that City staff, developers and representatives from the Building Industry of California (BIA) work together to find a mutually agreeable solution.

Pat Johnson, also associated with Ranchwood Homes, commented on the proposed Ordinance and reiterated the statements made by Mr. Grindall.

Tim Miller, Consultant for Dunmore Homes, also addressed the Council on the proposed Ordinance and concurred with the statements made about allowing time for developers, City staff and BIA representatives to meet and come up with a mutually acceptable solution.

Mayor Friesen closed the Public Hearing at 7:25 p.m., as there were no further comments from the public.

Motion: M/S Ingram/Espinoza to continue consideration of the introduction and first reading of the Ordinance to the April 4, 2006, City Council meeting. The motion failed by a 3-2 vote, with Mayor Friesen, Mayor Pro-Tem Vierra and Council Member Soria voting no.

The Council held extensive discussion on this issue.

Mayor Friesen polled each Council Member to determine the number of homes that should be allowed to begin construction prior to the completion of infrastructure improvements.

After further discussion, it was the consensus of the Council that eight model homes be allowed.

Motion: M/S Vierra/Soria that the Council introduce and waive the first reading of Ordinance No. 538, an Ordinance of the City Council of the City of Livingston Adding Title 6, Chapter 10, Section 46 to the Livingston Municipal Code Requiring the Installation of Subdivision Improvements Prior to the Issuing of Building Permits.

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

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

4. Resolution No. 2006-21, to Accept the Subdivision Improvements for Davante Villas Units 1 & 2, McRoy-Wilbur Communities Inc., a California Corporation, Direct the City Clerk to File the Notice of Completion, and to Authorize the City Manager to Release the Faithful Performance and Materials Bonds.

5. Minutes of City Council Workshop Held on February 28, 2006.

6. Minutes of City Council Meeting Held on March 7, 2006.

7. Approval of the Warrant Register of March 21, 2006.

The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Presentation of the Draft Storm Drain Master Plan.

Jim Nelson and Steve Roberts, representing Harris and Associates, gave a power point presentation and a detailed report on the Draft Storm Drainage Master Plan. A booklet prepared by the firm was also presented to the Council.

No action was taken by the Council.

9. Resolution of the City Council of the City of Livingston Establishing a Policy for Street and Park Trees.

Motion: M/S Vierra/Ingram to adopt Resolution No. 2006-22, a Resolution of the City Council of the City of Livingston Establishing a Policy for Street and Park Trees. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

10. Resolution of the City Council of the City of Livingston Amending the Permit and Fee Schedule for Building Safety Division Services.

Gurpal Samra, 1034 “J” Street, voiced concern about the fees being fair to all people in the community. He questioned why Livingston is always being compared to other cities.

Mr. Samra further raised questions about contract fees and stated the City should stop “nick picking” the citizens and not pass the fees.

Frank Santos, 1514 First Street, stated he is a handyman in town and is concerned about people having to pay more fees for permits.

Mike Torres commented he talked to Rex Wyatt about comparing fees and was surprised to see that compared to surrounding cities, Livingston’s fees are lower.

Motion: M/S Soria/ Vierra to adopt Resolution 2006-23, A Resolution of the City Council of the City of Livingston, Amending the Building Section of Resolution 1983-13, Permit and Fee Schedule for Building Safety Division Services. The motion carried 3-2 by the following vote:

AYES: Council Members: Soria, Vierra, Friesen

NOES: Council Members: Ingram, Espinoza

ABSENT: Council Members: None

11. Introduce and Waive First Reading of an Ordinance of the City Council of the City of Livingston Adding Chapter 11 to Title 10, Sections 1 through 38 to the Livingston Municipal Code Regarding Body Art Establishment.

Council Member Ingram referred to Section 10-11-4 A, and asked if the City conducts a background check.

Police Chief Eldridge replied yes.

Mayor Pro-Tem Vierra recommended that Section 10-11-33 be changed to 7:00 a.m. to 10:00 p.m. The Council was in agreement.

Warren Umberg asked if beauty salons are under the same requirements.

Mayor Friesen replied yes.

Motion: M/S Vierra/Soria to introduce and waive the first reading of Ordinance No. 539, an Ordinance of the City Council of the City of Livingston Adding Chapter 11 to Title 10, Sections 1 through 38 to the Livingston Municipal Code: Body Art Establishments. 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

12. City Manager Comments and Reports.

No comments from the City Manager.

ADJOURNMENT

The meeting was adjourned by consensus at 8:35 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: April 4, 2006

_________________________

Mayor or Mayor ProTempore

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