MAY 02, 2006

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

MAY 2, 2006

A Closed Session/Regular Meeting of the Livingston City Council was held in the City Council Chambers on May 2, 2006, with Mayor Friesen presiding.

CLOSED SESSION

Mayor Friesen called the meeting to order at 5:38 p.m.

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

Mayor Friesen was absent from discussion during Closed Session Item No. 7.

The Council went into Closed Session at 5:39 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: 047-200-024.

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

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

Property: 024-132-016

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

5. 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.

6. 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.

7. Conference with Legal Counsel—Anticipated Litigation. Significant Exposure to Litigation

Government Code 54956.9(b). 5 Cases

The Closed Session ended at 6:55 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:56 p.m.

REGULAR MEETING

CALL TO ORDER

Mayor Friesen opened the meeting at 7:07 p.m.

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

PLEDGE OF ALLEGIANCE

The pledge of allegiance was recited.

CLOSED SESSION ANNOUNCEMENTS

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

CHANGES TO THE AGENDA.

Item No. 11 pertaining to the sale of the “B” Street parking lot (Livingston Plaza) was added to the agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

Police Chief Eldridge introduced the following Police personnel:

1. New Police Officer, Jose Silva.

2. Police Dispatchers, Maribel Arevalo and Andre Carrizales.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

· Absent.

City Council Members’ Announcements and Reports.

Council Member Ingram

· Met with Congressman Dennis Cardoza’s representative. Presented letters from local students expressing concern with the new immigration law.

· Received a call from Richard Van Guilder who thanked the Council and City staff for approving the position of animal control officer.

Mayor Pro-Tem Vierra

· A vacancy on the Citizens Advisory Committee currently exists due to the resignation of Gigi Carrera. Directed staff to advertise for interested candidates to fill the position

· Reported on the public housing meeting he had attended in Fresno on April 27th.

Chief of Police

· The annual Neighborhood Visits will kick-off with a barbecue on May 4th. He invited the Council and staff to participate.

Mayor Friesen

  • Noted that Thursday, May 4th, is National Day of Prayer.
  • Relayed that on a sad note he had attended a funeral today. He commented that we need to make the best of life and make conscious decisions and also asked everyone to keep his neighbor in their prayers.

CITIZEN COMMENTS

Kay Greeley, 1571 Monte Cristo Court, commented that terms on the Planning Commission should be limited.

David Agee, representing K. Hovnanian Forecast Homes (Parkside Subdivision), asked the Council to allow homes to be inspected and have homebuyers move in before improvements are completed because some homeowners may lose their locked in loans and interest rates.

Ismael De Leon, 1149 Eighth Street, complained about the red curb that was painted in front of his residence. He commented that a family member parks in their driveway and it is an inconvenience for him to park across the street, especially since he cannot easily unload items from his vehicle to his house. Mr. De Leon added that he has sat in front of his house and has observed that most vehicles roll through the stop sign.

Mike Torres, 1616 Eighth Street, raised a question as to the scheduled times for the new recycling program.

At the request of Mayor Friesen, Public Works Director Creighton clarified the scheduled times for this program.

Colette Alvernaz commented that she is very happy about the new recycling program; however, the address at the City Corporation Yard needs to be more visible and there is a need for a container for cans.

PUBLIC HEARINGS

3. Resolution to Adopt a Mitigated Negative Declaration and Approve Vesting Tentative Map 2004-04 for Lafferty Homes’ Hhad Property.

The agenda item was presented by Community Development Director Kenney.

Mayor Friesen opened the Public Hearing at 7:34 p.m. and subsequently closed the Public Hearing at 7:35 p.m., there bring no comments from the public.

Mayor Pro-Tem Vierra asked various questions regarding the environmental document for this project.

Motion: M/S Vierra/Ingram to adopt Resolution No. 2006-36, adopting a Mitigated Negative Declaration and approving Vesting Tentative Map 2004-04 for Lafferty Homes’ Hhad property. 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 agenda items were presented for Council consideration:

4. Approval of Merced County Association of Governments Work Program and Budget for Fiscal Year 2006/07.

5. Minutes of City Council Meeting Held on April 18, 2006.

6. Approval of Warrant Register of May 2, 2006.

Council Member Ingram asked that Warrant No. 59313 for a “port-a-pottie”at the Police firing range be pulled for discussion.

City Manager Warne commented this item will be discussed at a staff meeting Wednesday morning. He noted he would like to see a permanent restroom facility constructed at the firing range.

Motion: Ingram/Soria to approve the consent agenda as presented, including approval of Warrant No. 59313 as long as this matter is discussed further. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Consider Proposals Made by Developers and Decide Whether to Waive the Second Reading and Adopt Ordinance No. 538 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 Issuance of Building Permits.

Councilmember Ingram recommended that the Ordinance remain as written.

Sal Gonzalez, representing Del Valle Homes, Modesto, commented that the proposed ordinance will affect developers and may delay their projects for up to six months.

Mike Torres commented that when he served as a Planning Commissioner a similar street improvement regulation was in place and he didn’t understand why developers were not forced to comply.

Lengthy discussion followed.

Motion: M/S Vierra/Soria to waive the second reading and adopt 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 Issuance 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

8. Provide Staff with Direction Regarding Whether to Place a Measure on the November Ballot Increasing the Term of the Mayor from Two Years to Four Years.

Council Member Soria commented that a Council Member’s term in office is for four years, so if this term is good enough for a Council Member , then why not for the office of Mayor.

Kaye Greeley asked if there would be any cost to the City.

Staff noted there would be some costs for placing a measure on the November ballot.

Council Member Espinoza commented that Livingston residents voted for a four-year term for Mayor not that long ago and they chose to elect a Mayor for a two-year term only.

Councilmember Ingram commented that from past experience with this issue the citizens voted for a two-year term because they were frustrated with the events that were occurring at the time.

Lengthy discussion followed.

Mayor Friesen asked the City Attorney and City Manager what the timeline was for getting a measure on the ballot for the November General Election.

Staff replied they believed the measure had to be presented to Merced County by June 2006.

Mayor Friesen asked staff to move forward on this issue.

9. Consideration of Proposed Floor Plans for City Hall Expansion.

City Manager Warne presented the agenda item and asked the Council to consider proposed floor plans for expansion of the present City Hall, including a new City Council Chambers.

City Manager Warne asked for Council direction on which option they would prefer, Option A, which would place the Council Chambers’ addition in the parking lot of City Hall on “C” Street, or Option B, which would locate the Council Chambers at the corner of Main and “D” Streets where a market and taco wagon currently operate. The Council favored Option B.

Motion: M/S Ingram/Espinoza that staff be directed to meet with the owner to discuss purchase of the property and proceed with an appraisal of the property. The motion carried 5-0.

City Manager Comments and Reports.

· No reports.

11. Sale of “B” Street Parking Lot.

City Attorney Hallinan recommended this item be formally placed on the next meeting agenda.

ADJOURNMENT

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

_______________________________

City Clerk of the City of Livingston

APPROVED: May 16, 2006

________________________

Mayor or Mayor ProTempore

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