NOVEMBER 21, 2006

REGULAR MEETING

LIVINGSTON CITY COUNCIL

NOVEMBER 21, 2006

A Regular Meeting of the Livingston City Council was held on November 21, 2006 in the City Council Chambers.

CLOSED SESSION

No Closed Session Items.

REGULAR MEETING

CALL TO ORDER

Mayor Friesen called the meeting to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance was recited.

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

Changes to the Agenda.

Addition Presentation from Congressman Cardoza’s Office. Make that 5 A

Make a change 61239 Taken separated from the consent calendar

MAYOR FRIESEN’S REPORT ON STATE OF CITY

Thank everyone for coming here to night in support to Gurpal Samara, Councilmember Espinoza And myself.

We came in to situation with poor management.

Distinguish City Council

City employees had not had raises in a while.

When asked to set up, I did so I through my hat in the raise.

Staffing was poor. It was through a series of City council. Had outside to advise. Having the right staff, paying the staff.

City is run more effectate.

Working with the schools. It was a collaborative afford with Mr. Escobar and the School board.

Evaluate Standards. New way of living. This council set the paste. Looked at affordable housing. It’s not about giving into the developers.

Infrastructure – having the right staff in place made that happen.

It is important to have our children have sidewalk to school and not walk in the streets.

Alley ways and pavement.

New simulation at the Police Department.

The parking lot on B Street.

Went on to thank people who help make things happen.

Challenge the council to work together and move Livingston forward.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Recognition of Kathryn Reyes for certification as a Cross-Control Program Specialist and Tester by the American Water Works Association.

2. Public Works Employee Recognition.

Also Connie Payne for her outstanding job.

CONFIRMATION OF CANVASS OF MUNICIPAL ELECTION

3. Resolution of the City Council of the City of Livingston Confirming the Canvass by the Merced County Clerk of the Results of the General Municipal Election of November 7, 2006, Held in and for the City of Livingston and Declaring the Results of Said Election.

City Manager

City Clerk Read Votes.

Approve of Public Record Ingram/Espinoza

Councilmember Ingram – Commented that it has been a pleasure and an honor to work with.

Indever to keep thing moving. With Brandon Freisen good luck.

OATHS OF OFFICE

4. City Clerk Martha Nateras will administer the Oath of Office to Mayor-elect Gurpal Samra, and Council Member-elect, Rodrigo Espinoza.

5. Presentation: Mayor Samra will present a plaque to out-going Mayor, Brandon Friesen.

5A. Reprehensive from Congressmen Dennis Cardoza presented Brandon Fries with an award.

On Behalf of Supervisor John Pedroza also presented Brandon.

15 Minute Break.

8:13 came back from Break.

CITY COUNCIL REORGANIZATION

6. Nominations for the Office of Mayor Pro-Tempore.

Espinoza nominated Bill Ingram for Mayor Pro-Tem. Second by Bill Ingram.

Motion Carried 5 -0

7. Discussion of Potential Council Appointments to Boards and Commissions.

Mayor Gurpal said he will assist in the same committee that Brandon Friesen was in.

Councilmember Vierra said the first time he hears any negative comments from other councilmember’s he will resign.

Motion by Mayor Gurpal/Soria

Motion carried 5-0

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Nick read a letter from John Pedroza.

City Council Members’ Announcements and Reports.

Councilmember Soria wished everyone a happy holidays.

Thank Brandon Friesen.

Councilmember Espinoza thanked the community who supported him. Also thanked his family who helped him. Will work best to work with the council to be united.

Councilmember Ingram – Looking forward to working with the new council. Will move on

And look forward. Focus on the children in the community. Last would like a copy of last Friday’s meeting.

City Attorney said he has not yet signed the paper work.

Councilmember Ingram would like to ask why.

Councilmember Espinoza –

Mayor Gurpal asked City Manager to have copies of the Amended contract in the Councilmember’s boxes.

Closed this item because this is a confidential issue.

Mayor’s Announcements and Reports.

Re-thank former Brand Friesen, he did an outstanding job.

CITIZEN COMMENTS

This section of the agenda allows members of the public to address the City Council on any item NOT otherwise on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening and all items will be referred to staff for follow up and a report. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the City Council as each item is brought up for discussion.

Mayor asked City Manager to change the 3 minutes commented to 5 minutes

Warren Unberg – 1330 8th St. Congratulation to everyone. Election is over and he still sees signs everywhere. He thought Friday meeting was just an evaluation. Why did this happen? Also what makes the 4 vote legal? He doesn’t approve of what happen Friday.

PUBLIC HEARINGS

8. Resolution No. 2006-82, Approving Site Plan/Design Review 2005-10 for the Development of an Industrial Building – Applicant Jesse Hernandez.

Donna Kenney Presented.

Joe Ovett was present representing Mr. Hernandez, came up to the podium for council questions.

Commented that they had not problems with the condition.

Donna commented that she feels this is a good project.

Councilmember Soria asked about the chain link fencing. He disagrees. Doesn’t know if any thing can be done now.

Councilmember Soria – Also mentioned about the lightning and other concerns.

Councilmember Espinoza – Asked Planning Director Donna Kenney why it took so long to come to Council.

Donna Kenney – Commented that there had been four revisions on this project.

Councilmember Vierra – Asked for more clarification on trees, lighting and chain link fencing.

Open to the public 8:48 p.m. Closed 8:49 p.m.

Motion to adopt 2006-82 Ingram/Vierra

Motion Carried 5-0

CONSENT CALENDAR

Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by the City Manager or City Council Member. There will be no separate discussion of these items unless members of the City Council or City Manager request that specific items be removed.

9. Resolution Approving Designated Signatures for City Bank Accounts.

10. Denial of Claim for Damages from Brad Mason.

11. Approval of Minutes of City Council Meeting Held on October 17, 2006.

12. Approval of Warrant Register Dated November 7, 2006.

13. Approval of Warrant Register Dated November 16, 2006.

Councilmember Espinoza requested to pull 6219. Wants copies for review. City Manager commented that he will make sure they are in the mail boxes tomorrow.

This item will be table for further discussion.

Mayor obtain from item 11, 12, 13 because he was not apart of.

Vote on Item 9 & 10

Ingram/Espinoza

5-0 Motion carried.

Item 11, 12 & 13

Espinoza Motion / Ingram

NOES – Vierra, Soria

YES – Espinoza, Ingram

OBSTAIN – Gurpal Samara.

Amended Votes 4 Yes. OBSTAINED AGAIN – Gurpal Samara

Motion carried 4 – 1

DISCUSSION AND POTENTIAL ACTION ITEMS

14. Staff Request for Direction for the Appointment of a Planning Commissioner Commencing January 2007.

All Council concurs that it be public in the Newspaper, especially the Livingston Chronicle, and in the Website.

14. A Warrant #61239

Vierra/Ingram

Motion carried 3-0

Espinoza and Samara obtained.

14B. Table item for further discussion

Councilmember Vierra feels this item should be paid.

Espinoza made a motion to pay the warrant for Foster Farms ONLY. The remaining item be brought back for discussion

Espinoza/Ingram

Motion carries 3-1

15. Staff Request for Council Direction Regarding Appointments to the Livingston Citizens’ Advisory Committee.

City Manager Richard Warne presented.

Councilmember Vierra 2 outside the city limits

16. City Manager Announcements and Reports.

ADJOURNMENT at 9:24 p.m.

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