MAY 16, 2006

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

MAY 16, 2006

A Closed Session/Regular Meeting of the Livingston City Council was held on May 16, 2006, in the City Council Chambers with Mayor Friesen presiding.

CLOSED SESSION

Mayor Friesen called the meeting to order at 5:33 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 5:34 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 6:42 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:43 p.m.

REGULAR MEETING

CALL TO ORDER

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

PLEDGE OF ALLEGIANCE

The pledge of allegiance was led by Tony Lucero.

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 of Special Award to Police Officer, Patrick Geary. Chief Eldridge presented Officer Geary with an award from Mothers Against Drunk Driving (MADD).

2. Presentation of 30 Year Service Pin to Tony Lucero. Mayor Friesen presented Public Works employee, Tony Lucero, with a City lapel pin commemorating his 30 year service with the City.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Chris Bauer, representing Merced County Supervisor, John Pedrozo, addressed the following matters:

· Awards presentation for high test scores held at Yamato Colony School.

· San Joaquin High Speed Railroad System was discussed.

· He (Mr. Bauer) is available at Livingston City Hall every Thursday from 1-3 p.m.

City Council Members’ Announcements and Reports.

Council Member Ingram

· Read a letter from Congressman Dennis Cardoza in response to letters he had presented to the Congressman from local students regarding the new immigration law.

Mayor Pro-Tem Vierra

· Reported on the new recycling program.

· Commented on the on-going yard sales at 1118 Hammatt and requested the Police Department check to see if the residents have a permit.

· Made clarification regarding the distinguished presentation that was held at Yamato Colony School for high test scores.

Mayor’s Announcements and Reports.

Mayor Friesen

· In reference to the recycling program, advised staff to ensure that the hours of operation are posted and manned at the City Corporation Yard.

· On behalf of the elementary school staff relayed thanks to Elvira Millan and Travis Wyatt for presenting several safety programs to students.

CITIZEN COMMENTS

Warren Urnberg, 1331 Eighth Street, commented that the citizens on Hammatt are not conducting a yard sale, but a flea market in his opinion.

Mike Torres, 1616 Eighth Street, commented on his meeting with the City Manager regarding the issue of RV’s and requested this item be brought back as an agenda item.

City Manager Warne assured Mr. Torres that this matter will be placed on the agenda at a future meeting.

Mr. B. Singh, presented a letter and expressed concern regarding tickets that he has received for parking his truck on Industrial Way.

Chief Eldridge commented that the amount of money Mr. Singh owes is primarily to DMV for expired registrations.

Colette Alvernaz addressed the following:

· The deer recently spotted on Magnolia Avenue has been named Jane by Joe Alvernaz.

· Livingston Branch Library has launched a Summer Reading Program

· Book signing and discussion with Raymond J. Rossignal scheduled for May 23rd at 6 p.m.

Alan Cadiente questioned what permits are needed to conduct a block party, as he is looking into having such an event the second week in July.

PUBLIC HEARING

3. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Establishing Policies, Rules and Regulations Governing the Provision of Municipal, Domestic and Industrial Water Service in the City of Livingston, Adding Sections 9-5-1 Through 9-5-67 and Repealing Sections 9-5-1 Through 9-5-16 to Title 9 of the Livingston Municipal Code.

City Manager Warne presented the agenda item.

Mayor Friesen opened the Public Hearing at 7:39 p.m. and subsequently closed the Public Hearing at 7:40 p.m., as there were no comments from the public.

Lengthy discussion followed regarding water wells.

It was agreed by Council that there was no need for watering restrictions and directed the City Manager to add language to the proposed ordinance stating that watering restrictions would only be enforced by Council direction.

Motion: M/S Ingram/Vierra to introduce and waive the first reading of Ordinance No. 542, an Ordinance of the City Council of the City of Livingston, Establishing Policies, Rules and Regulations Governing the Provision of Municipal, Domestic and Industrial Water Service in the City of Livingston, Adding Sections 9-5-1 through 9-5-67 and Repealing Sections 9-5-1 through 9-5-16 of Title 9 of 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 items under the Consent Calendar were presented for Council approval:

4. Denial of Claim for Damages from Maria L. Perez.

5. Minutes of City Council Meeting held on May 2, 2006.

6. Approval of Warrant Register of May 16, 2006.

Mike Torres asked that Warrant #59410 be removed for comment. His opinion was that money used to purchase bottled water can be used for other things.

Motion: M/S Soria/Vierra to approve the Consent Calendar items as presented, including Warrant #59410. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Award of Bid for Rehabilitation of Various City Streets Project to the Lowest Responsible Bidder.

The agenda item was presented by City Engineer Gottiparthy.

Councilmember Ingram questioned if the streets that the City is fixing will be dug out in the near future and if the streets are going to have water lines.

Staff explained that the City has the situation under control and knows what streets need to be disturbed.

Mayor Pro-Tem Vierra asked what streets would be repaired.

The City Engineer replied Davis, Park, Walnut, Eighth and Main Streets.

Council Member Ingram commented that when First Street was repaired he asked the contractor about resurfacing and was told by the contractor that he was not asked to resurface the street, but only to fill in potholes.

Councilmember Espinoza questioned if Olive Avenue was included on the street repair list because the road is in bad condition.

Staff explained that Olive is a County road.

Motion: M/S Ingram/Soria to award the bid for the Rehabilitation of Various City Streets Project to the low bidder, California Pavement Maintenance Company, Inc. in the total amount of $223,823.05 and authorize the City Manager to enter into an agreement with the company. The motion carried 5-0.

8. Resolution Approving Lead Agency Status for the Foster Farms Reclamation Fields Environmental Document.

Mayor Friesen abstained from participation on this item due to a conflict of interest. He subsequently turned the meeting over to Mayor Pro-Tem Vierra.

The agenda item was presented by Community Development Director Kenney.

Council Member Soria made a recommendation that the City be the lead agency for this project.

Ms. Kenney explained the meaning of being a lead agency.

Motion: M/S Ingram/Espinoza to adopt Resolution No. 2006-37, approving Lead Agency Status for the Foster Reclamation Environmental Document. The motion carried 4-0-1 as follows:

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

NOES: Council Members: None

ABSTAIN: Council Members: Friesen

9. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Adding Chapter 12, Sections 1 Through 3, to Title 10 of the Livingston Municipal Code: Urinating or Defecating in a Public Place.

The agenda item was presented by Police Chief Eldridge.

Chief Eldridge explained the Police Department has experienced problems with persons urinating or defecating in a public place, particularly in the area behind Mountain Mike Pizza, and there is currently no section in the Municipal Code to cite individuals for these offenses.

Motion: M/S Vierra/Ingram to introduce and waive the first reading of Ordinance No. 543, an Ordinance of the City Council of the City of Livingston Adding Chapter 12, Sections 1 Through 3 to Title 10 of the Livingston Municipal Code: Urinating or Defecating in a Public Place. 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

10. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Title 1, Chapter 9, Sections 1 and 2 of the Livingston Municipal Code: Corporate Seal, Logo.

The agenda item was presented by City Manager Warne.

Motion: M/S Vierra/Soria to introduce and waive the First Reading of Ordinance No. 544, an Ordinance of the City Council of the City of Livingston Amending Title 1, Chapter 9, Sections 1 and 2 of the Livingston Municipal Code: Corporate Seal/Logo.

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

11. Resolution Establishing Penalties for Violations of City Ordinances, Resolutions, Regulations, Policies and Directives.

City Manager Warne presented the agenda item.

Council Members Ingram and Espinoza expressed concern that the penalties are too steep for the residents of Livingston.

Mayor Friesen requested clarity on the language to distinguish fees charged to a citizen versus a developer/contractor.

City Manager Warne made some suggestions on the wording.

Councilmember Espinoza made a motion to table this item, so that the resolution can be more clearly defined. The motion was seconded by Council Member Ingram, but failed to carry with Mayor Friesen, Mayor Pro-Tem Vierra and Council Member Soria voting no.

Further discussion centered on wording changes.

Motion: M/S Vierra/Soria to adopt Resolution No. 2006-38, as amended, a Resolution of the City Council of the City of Livingston Establishing Penalties for Violations of City Ordinances, Resolutions, Regulations, Policies and Directives. The motion carried 4-1 by the following vote:

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

NOES: Council Members: Espinoza

ABSENT: Council Members: None

12. City Manager Announcements and Reports.

· Nothing to Report.

ADJOURNMENT

The meeting was adjourned by consensus at 9:00 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: June 6, 2006

__________________________

Mayor or Mayor ProTempore

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