OCTOBER 03, 2006

MEETING MINUTES

LIVINGSTON CITY COUNCIL

CLOSED SESSION/REGULAR MEETING

OCTOBER 3, 2006

A Closed Session/Regular Meeting of the Livingston City Council was held on October 3, 2006, in the City Council Chambers with Mayor Friesen presiding.

CLOSED SESSION

The meeting was opened by Mayor Friesen at 5:32 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 5:33 p.m. to discuss the following matters:.

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

Property: 024-132-016.

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

2. 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.

3. Conference with Legal Counsel—Anticipated Litigation. Significant Exposure to Litigation. Government Code 54956.9(b). 4 Cases.

4. Conference with Legal Counsel: Existing Litigation—Government Code Section 54956.9(a). Foster Poultry Farms, Inc. v. City of Livingston, Merced County Superior Case No. 149443.

5. Conference with Legal Counsel: Existing Litigation—Government Code Section 54956.9(a). City of Livingston v. Foster Poultry Farms, Inc., Merced County Superior Court Case No. 149647.

The Closed Session ended at7:46 p.m.

Mayor Friesen abstained and left the Council Chambers during discussion of all matters pertaining to Foster Poultry Farms. He turned the meeting over to Mayor Pro-Tem Vierra during his absence.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 7:47 p.m.

Mayor Friesen returned to the Council Chambers at 7:48 p.m. to chair the remainder of the meeting.

REGULAR MEETING

CALL TO ORDER

Mayor Friesen called the meeting to order at 7:01 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

CLOSED SESSION ANNOUNCEMENTS

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

CHANGES TO THE AGENDA.

A request to hang a banner across Main Street was received from the Livingston Community Network and was added to the agenda as Item No. 21.

Assistant City Manager/Finance Director Lewis requested that Council consider Agenda Item No. 15 (Gann Appropriation Limit) before Item No. 14 (Adoption of FY 2006-2007 Budget).

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of 20 Year Service Pin to Filomena Arredondo.

Mayor Friesen presented Filomena Arredondo, Administrative Assistant, Community Development Department, with a pin in recognition of her 20 year service with the City of Livingston.

2. Unveiling and Presentation of City’s First Official Website.

Donna Barns, Executive Assistant to the City Manager/City Council, gave an on line demonstration of the City’s first official website.

3. Presentation of Information on Park and Recreation Facility Fees.

Recreation Superintendent Benoit presented information on parks and recreation facilities fees.

Carmen Fuentes Gutierrez addressed the subject of rental fees for City parks and commented that when she requested to reserve a park she was told there would be a non-refundable fee of $70 and a $150.00 deposit. She read a statement expressing her concerns with the high cost of rental fees and noted she had surveyed fees in other area cities and found that Livingston’s fees are much higher.

Ms. Gutierrez presented a petition containing approximately 160 signatures from residents that are opposed to the rental fees.

Dennis Wells, 1159 Second Street, asked if water and sewer charges are included when someone rents the Recreation Center.

4. Presentation of Museum Structural Analysis

A representative of Lionakis Beaumont Design Group presented a structural analysis of the Livingston Historical Society Museum, noting that structural repair to meet earthquake retrofit and handicap upgrades for ADA compliance will cost approximately $85,000.

Mayor Pro-Tem Vierra expressed concern that if changes are made, the museum will no longer be considered a historical building.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

· On Wednesday there will be a workshop on the Riverside Motor Sports Raceway from 9:00 a.m. to 12:00 p.m. in the Board of Supervisors Chambers.

· There will be a Board of Supervisors meeting on December 12th.

· Relayed that if he can be of assistance in any matter to please call him or his Assistant, Nick Dawidzick.

City Council Members’ Announcements and Reports.

Councilmember Ingram

· Commented on why the City is charging a fee instead of just a deposit for park rentals. He noted that both he and Mayor Pro-Tem Vierra reviewed the Warrants and noticed that deposits were returned to people who used the park; however, whenever they went by the park they noticed a City Public Works employee cleaning-up.

· Will be meeting with Henry Escobar regarding a grant for an after school program. He added that when parents’ pickup their children they can take English As a Second Language (ESL) classes which will be paid for with grant funds..

Councilmember Soria

· No reports.

Councilmember Espinoza

· No reports.

Mayor Pro-Tem Vierra

· Commented on and questioned Chief Eldridge about a vicious dog incident that occurred at the high school that was reported to Police Dispatch.

Mayor’s Announcements and Reports:

· Thanked the Citizens Advisory Committee for a great workshop on the Riverside Motor Sports Raceway, but noted the meeting may have been more productive if there had been more Livingston residents.

CITIZEN COMMENTS

Dwight Benafield, 1330 Queen Way, addressed some issues on the agenda and encouraged the Council to approve the Court Theater item. He commented that he has been working on this project for four years. Mr. Benafield added that the Court Theater Committee will be conducting its annual wine and cheese fundraiser this year.

Council Member Ingram thanked Mr. Benafield for the tremendous job he has done with the Court Theater renovation project.

Dennis Wells invited the Council to participate in the Veterans’ Day Parade on November 11th commencing at 10:00 a.m. He noted he has talked to Commander Shambaugh about a parade permit.

Manjit Nagi, former Mayor and Council Member, lauded Filomena Arredondo for her years of service and dedication to the City and commented that it was sad that there was no one present to speak on her behalf. He said Ms. Arredondo should receive special recognition for her hard work and her volunteerism.

Ramon Avila, 1021 Patzer Street, commended Filomena Arredondo for her excellent work ethics, pointing out he and Ms. Arredondo have worked closely and very well together over the years.

Mr. Avila thanked the Council, City Manager, Police Chief and Recreation Superintendent for their support of the Multi-Cultural Festival. He also invited them to the event to be held at Memorial Park on October 14th.

PUBLIC HEARINGS

5. Proceedings Under the Landscape and Lighting Act of 1972, Division 15, Part 2, of the California Streets and Highways Code for the Approval to Annex Territory and Levy Assessments for the City of Livingston Consolidated Landscape and Streetlight Maintenance District No. 1, Annexation No. 13, Somerset (Sun Valley Estates), Public Hearing Confirming Assessments for Fiscal Year 2006/2007.

Bryan Miller, representing MuniFinancial, was present to answer questions.

Mayor Friesen opened the Public Hearing at 8:08 p.m. and subsequently closed the Public Hearing at 8:09 p.m., there being no comments from the public.

City Clerk Nateras opened the Assessment Ballot which indicated a yes vote to proceed with the levy of assessments.

Motion: M/S Ingram/Vierra to adopt Resolution No. 2006-63, for the approval to annex territory and levy assessments for the City of Livingston Consolidated Landscape and Streetlight Maintenance District No. 1, Annexation No. 13, Somerset (Sun Valley Estates), for the Fiscal Year 2006-2007. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

6. Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq., for the Approval to Levy Assessments for the City of Livingston Benefit Assessment District No. 15, Somerset (Sun Valley Estates), Public Hearing Confirming Assessments for Fiscal Year 2006/2007

Bryan Miller, representing MuniFinancial, was available to answer questions.

Mayor Friesen opened the Public Hearing at 8:11 p.m. and closed the Public Hearing at 8:12 p.m., there being no public comments.

City Clerk Nateras opened the Assessment Ballot which indicated a yes vote to proceed with the levy of assessments.

Motion: M/S Ingram/Vierra to adopt Resolution No. 2006-64, for the approval to levy assessments for the City of Livingston Benefit Assessment District No. 15, Somerset (Sun Valley Estates) for the Fiscal Year 2006-2007. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

7. Final Grantee Report of the Community Development Block Grant (CDBG) No. 03-EDBG-920 for the Micro-Enterprise Technical Assistance and Business Loan Program.

Mary Cervantes, Marketing and Business Retention Director for the Merced County Commerce-Aviation and Economic Development explained that in 2004 the City was awarded a CDBG grant for $300,000 for the purpose of providing technical assistance and developing a business loan program for microentrepreneurs. She noted that the City is required by the State Department of Housing and Community Development (HCD) to conduct a public hearing to inform the public of the grant accomplishments and actual use of CDBG funds.

Ms. Cervantes informed the Council that accomplishments during the grant period included providing eight workshops covering business related topics such as Strategic Marketing, Business Start-Up Checklist, Franchise Ownership and Funding Capital. She added that a six week course on the “Business Side of Child Care” ended on July 13th in which participants could receive one college credit. Marketing methods, she noted, included newspaper advertisements in the Livingston Chronicle and Merced Sun-Star and flyers included in the City utility bills.

Ms. Cervantes commented that a total of seven TIG clients received technical assistance services throughout the program. The grant expired on August 17, 2006, and remaining funds were allocated to the grant were disencumbered last month as required by HCD.

Mayor Friesen opened the Public Hearing at 8:14 p.m. and subsequently closed the Public Hearing at 8:15 p.m., there being no public comments.

No action from the Council was required.

8. Resolution Approving Site Plan/Design Review 2006-03, for an 808 Square Foot Addition to 733 Prusso Street.

Community Development Director Kenney presented the agenda item pertaining to a request from Cristobal Leon to construct an 808 square foot addition to 733 Prusso Street.

Mayor Friesen opened and subsequently closed the Public Hearing at 8:17 p.m., as there were no public comments.

Motion: M/S Soria/Ingram to adopt Resolution No. 2006-65, approving Site Plan/Design Review 2006-03 for an 808 square foot addition to 733 Prusso Street. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

9. Resolution Approving Site Plan/Design Review 2006-04, for the Development of Four Single-Family Residences on Two Lots at 823 and 833 Fifth Street.

The agenda item pertaining to a request from Renee Moreno was presented by Community Development Director Kenney.

Mayor Friesen opened the Public Hearing at 8:20 p.m.

Dennis Wells, a Post Office employee, stated the Post Office does not deliver mail in alleys, so the applicant must place a mail delivery box on Fifth Street.

Mayor Pro-Tem Vierra asked if the residences would have an alley as he did not favor the occupants using the alley as a driveway.

Council Member Espinoza questioned the cost of the applicant’s contribution for a new storm drain line.

Mayor Friesen closed the Public Hearing at 8:25 p.m., as there were no further public comments.

Motion: Ingram/Espinoza to adopt Resolution No. 2006-66, as amended, approving Site Plan/Design Review 2006-04 for the development of four single-family residences on two lots at 823 and 833 Fifth Street. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

10. Resolution Approving Site Plan/Design Review 2006-06, for Four New Floor Plans for the Davante Villas Subdivision.

Community Development Director Kenney presented the agenda item relating to approval of Site Plan/Design Review 2006-06 for four new floor plans for the Davante Villas Subdivision.

Mayor Friesen opened the Public Hearing at 8:30 p.m.

Council Member Soria thanked Mark Wilbur, McRoy-Wilbur Communities, Developer of Davante Villas Subdivision, for accommodating his clientele.

Mayor Friesen closed the Public Hearing at 8:29 p.m., there being no further public comments.

Motion: Vierra/Soria to adopt Resolution No. 2006-67, approving Site Plan/Design Review 2006-06 for four new floor plans for the Davante Villas Subdivision. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

11. Resolution Approving Site Plan Design Review 2006-08, for Lot 169 in the Parkside Subdivision.

Community Development Director Kenney presented the agenda item relating to approval of Site Plan/Design Review 2006-08 for Lot 169 in the Parkside Subdivision.

Mayor Friesen opened the Public Hearing at 8:31 p.m.

Mayor Pro-Tem Vierra asked for the location of Lot 169.

Mayor Friesen closed the Public Hearing at 8:32 p.m., there being no further public comments.

Motion: M/S Ingram/Soria to adopt Resolution No. 2006-68, approving Site Plan/Design Review 2006-08 for Lot 169 in the Parkside Subdivision. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

12. Resolution Adopting the Initial Study and Mitigated Negative Declaration for the Court Theater Redevelopment/Renovation Project.

Community Development Director Kenney presented the agenda item pertaining to the adoption of the Initial Study and Mitigated Negative Declaration for the Court Theater Redevelopment/Renovation Project.

Mayor Friesen opened the Public Hearing at 8:34 p.m. and subsequently closed the Public Hearing at 8:37 p.m., as there were no public comments.

Motion: M/S Vierra Soria to adopt Resolution No. 2006-69, as amended, approving the Initial Study and Mitigated Negative Declaration for the Court Theater Redevelopment/Renovation Project. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

13. Resolution Adopting Storm Drainage Master Plan.

The agenda item was presented by Community Development Director Kenney.

Mayor Friesen opened the Public Hearing at 8:39 p.m. and closed the Public Hearing at 8:40 p.m., there being no comments from the public.

Motion: M/S Ingram/Soria to adopt Resolution No. 2006-70, approving the Storm Drainage Master Plan for the City of Livingston. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

14. Resolution of the City Council of the City of Livingston Setting the City of Livingston’s Gann Appropriation Limit for the Fiscal Year 2006-2007.

City Manager Warne presented the agenda item.

Mayor Friesen opened the Public Hearing at 8:42 p.m. and subsequently closed the Public Hearing at 8:43 p.m., as there were no comments from the public.

Motion: M/S Vierra/Ingram to adopt Resolution No. 2006-71, setting the City of Livingston’s Gann Appropriation Limit for Fiscal Year 2006-2007. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

15. Resolution of the City Council of the City of Livingston Adopting the Final Budget of the City of Livingston for the Fiscal Year July 1, 2006 through June 30, 2007, Providing for the Appropriation and Expenditure of All Sums Set Forth In Said Final Budget, and Repealing All Resolutions and Parts of Resolutions in Conflict Herewith.

City Manager Warne presented the agenda item.

Mayor Friesen opened the Public Hearing at 8:45 p.m.

Council Member Ingram thanked City Manager Warne and Assistant City Manager/Finance Director Lewis for their work on the budget and said he was very pleased with the document.

Council Member Soria thanked staff for the budget preparation and stated that in the years that he has served on the Council this is the first time he has seen such an excellent budget.

Council Member Espinoza questioned why the City was paving alleys when there were so many bad streets, therefore, he could not support approval of the budget.

Mayor Friesen closed the Public Hearing at 8:55 p.m., there being no further public comments.

Motion: Vierra/Soria to adopt Resolution No. 2006-72, adopting the Final Budget of the City of Livingston for the Fiscal Year July 1, 2006 through June 30, 2007, providing for the appropriation and expenditure of all sums set forth in said Final Budget, and repealing all resolutions or parts of resolutions in conflict herewith. The motion carried 4-1 by the following vote:

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

NOES: Council Members: Espinoza

ABSENT: Council Members: None

CONSENT CALENDAR

The following consent calendar items were presented for Council consideration:

16. Minutes of City Council Meeting Held on September 19, 2006.

17. Approval of Warrant Register Dated September 26, 2006.

Motion: M/S Soria/Ingram to approve the consent calendar as presented. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

18. Resolution Approving a Consultant Agreement with John Sergio Fisher and Associates, Inc. for Architectural Services for the Court Theater.

City Manager Warne presented the agenda item.

Motion: M/S Ingram/Vierra to approve a Consultant Agreement with John Sergio Fisher and Associates, Inc. for architectural services for the Court Theater. The motion carried 5-0.

19. Approval of Warrant No. 60872 – True Value Hardware.

Due to a conflict of interest, Mayor Friesen left the Council Chambers and turned the meeting over to Mayor Pro-Tem Vierra during consideration of this item.

Motion: M/S Ingram/Soria to approve Warrant No. 60872 to True Value Hardware. The motion carried 4-0, with Mayor Friesen abstaining.

20. City Manager Announcements and Reports.

· No reports.

21. Request from Livingston Community Network to Hang a Banner Across Main Street to Promote the Multi-Cultural Festival.

Motion: M/S Ingram/Soria to allow the Livingston Community Network to hang a banner across Main Street to promote the Multi-Cultural Festival planned for October 14, 2006, in Memorial Park. The motion carried 5-0.

ADJOURNMENT

The meeting was adjourned by consensus at 9:01 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: October 17, 2006

___________________________

Mayor or Mayor ProTempore

One thought on “OCTOBER 03, 2006

  1. Pingback: Garbage Rates, Protest Letters, a Little Push Back, and a City Council Agenda. | Thegardeningsnail's Weblog (because not every critter is hiding under a rock...)

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