OCTOBER 17, 2006

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

OCTOBER 17, 2006

A Closed Session/Regular Meeting of the Livingston City Council was held on October 17, 2006, in the City Council Chambers with Mayor Friesen presiding.

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

CLOSED SESSION

Mayor Friesen opened the meeting at 5:35 p.m.

The Council went into Closed Session at 5:36 p.m. to discuss the following items:

Mayor Friesen left the Council Chambers at this time.

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.

The Closed Session ended at 7:04 p.m.

Mayor Friesen returned to the Council Chambers at 7:04 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 7:05 p.m.

REGULAR MEETING

Mayor Friesen opened the meeting at 7:10 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance was recited.

CLOSED SESSION ANOUNCEMENTS

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

CHANGES TO THE AGENDA

  • None.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of Proclamation Honoring Karina Lau.

Mayor Friesen read a Proclamation honoring Karina Lau who was killed while serving in the military in Iraq and all veterans. He presented the Proclamation to Mrs. Augustine Lau.

2. Presentation of Garbage Bulky Item Collection Program.

Public Works Director Creighton presented a summary of the Bulky Item Garbage Collection Program. New bulky item pickup will allow flexibility to have bulky items picked up throughout the year. There was discussion of options. Green waste issues still area to be addressed. The Council directed staff to price a green waste shredder.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Nicholas Dawidczik, Assistant to Supervisor Pedrozo, announced that the Merced County Planning Commission will hold a public meeting on October 25th, at 9:00 a.m., in the Board of Supervisors’ Chambers to review the Riverside Motor Sportsway proposal.

CITY COUNCIL MEMBERS’ ANNOUNCEMENTS AND REPORTS

Council Member Ingram

· No reports.

Council Member Soria

· The Livingston Community Network Multicultural Festival went well and proceeds will go to fund scholarships.

Council Member Espinoza

· Reiterated Council Member Soria’s comments and said hopefully there will be more

Advertisement for the event next year.

Mayor Pro-Tem Vierra

· Red Ribbon Parade and rally will be held on October 28, at 12:00 noon. Parade will form in the downtown and proceed to Memorial Park.

MAYOR’S ANNOUNCEMENTS AND REPORTS.

Mayor Friesen

· Commended the Livingston Community Network for working as a group.

· Noted issues with citizens who have used engineers for additions/modifications to their homes and relayed that a list of certified engineers is available at City Hall for community use.

CITIZEN COMMENTS

Jim Marnatti, Environmental Engineer for Foster Farms, read a statement from Foster Farms’ legal counsel challenging the fact that the City is requiring wheel washers for the Reclamation Field Project when wheel washers are not required. However, Foster Farms will comply with the requirement to move the project forward.

Ramon Avila, 1021 Patzer Street, thanked the City for allowing the Livingston Community Network to hold the Multicultural Festival in Memorial Park. He also thanked educators, elected officials, police, and the City Manager for their cooperation and assistance.

PUBLIC HEARINGS

3. Resolution Making Certain Findings, Certifying the Results of an Election and Adding Property to Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 5, Sun Valley Estates.

Mayor Friesen opened the Public Hearing at 7:40 p.m. on proposed Annexation No. 5 to

Community Facilities District No. 2005-1 and the levy of special taxes proposed to be added to the District.

Mayor Friesen called on Bryan Miller from MuniFinancial for a summary.

Donna Barnes, Executive Assistant to the City Manager/City Council, served as Acting City Clerk in the absence of City Clerk, Martha Nateras.

Mayor Friesen asked Executive Assistant Barnes whether any written objections or protests have been received.

Executive Assistant Barnes replied no.

Mayor Friesen called for questions, comments, protests or objections from any persons wishing to speak with respect to the annexation of properties to the District and the levy of special taxes on such property.

Mayor Friesen closed the Public Hearing at 7:41 p.m., as there were no questions, comments, protests or objections from any persons to the annexation of properties to the District and the levy of special taxes on the property.

Mayor Friesen asked if a Certificate from the County Registrar of Voters has been received which states there are less than 12 registered voters within the annexation area.

Executive Assistant Barnes answered yes.

Mayor Friesen asked Executive Assistant Barnes if she concurred to holding an election tonight.

Executive Assistant Barnes replied she has no objections.

Mayor Friesen asked if Consent and Waivers have been received for each annexation. (If a Consent and Waiver has not been received from a property owner in a particular annexation, the Public Hearing and election for annexation must be continued.)

Executive Assistant Barnes replied yes.

Mayor Friesen asked if ballots have been received from owners of property proposed to be annexed to the District and if so, he asked Executive Assistant Barnes to tabulate the ballots for the annexation.

Executive Assistant Barnes proceeded to tabulate the ballots for the annexation.

Mayor Friesen announced that a majority of the ballots submitted, and not withdrawn, were in favor of the annexation and the levy of special taxes.

Motion: M/S Vierra/Ingram to adopt Resolution No. 2006-73, a Resolution Making Certain Findings, Certifying the Results of an Election and Adding Property to Community Facilities District 2005-1 (Public Safety Services) Annexation No. 5, Sun Valley Estates. 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

4. Resolution Authorizing an Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto from the General Allocation of the State CDBG Program.

City Engineer Gottiparthy gave an overview of an available grant the City may be eligible to apply for. He noted that evaluated projects that would qualify are 1) 5th Street storm drain improvements, $811,000: and 2) sidewalks, F Street between 6th Street and Hammatt Avenue, $350,000.

City Engineer Gottiparthy commented that if the City is awarded funds, the City will be required to contribute $161,000 from storm drain impact fees.

A question was raised as to whether the City can be reimbursed for costs when land is developed as currently a portion of the project is undeveloped land. Further discussion followed.

Motion: M/S Vierra/Ingram to adopt Resolution No. 2006-74, Authorizing an Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto from the General Allocation of the State CDBG Program. 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

5. Resolution Adopting the Water Distribution System Master Plan.

An overview of the Master Plan was given by City Manager Warne.

Frank Borges thanked staff for moving forward on the Master Plan and said he anticipates completion of the Roadway Master Plan.

Motion: M/S Ingram/Soria to adopt Resolution No. 2005-75, adopting the Water Distribution System Master Plan. 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

6. Resolution Adopting the Wastewater Collection System Master Plan.

City Manager Warne presented an overview of the Master Plan.

Motion: M/S Ingram, Soria to adopt Resolution No. 2006-75, adopting the Wastewater Collection Master Plan. 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

7. Resolution Adopting the Parks and Recreation Master Plan.

An overview of the Master Plan was presented by City Manager Warne.

Frank Borges asked if the standard for space per capita (national standards) remains the same.

Mayor Pro-Tem Vierra asked about trails to link parks.

Motion: M/S Ingram/Soria to adopt Resolution No. 2006-77, adopting the Parks and Recreation Master Plan. 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

CONSENT CALENDAR

The following items were presented for Council consideration:

8. Resolution No. 2006-78 Approving the Additional Local Transportation Fund (LTF) Claim to be Filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2006-2007.

Mayor Pro-Tem Vierra asked if there are any retroactive monies available.

9. Approval of Minutes of City Council Meeting Held on October 3, 2006, as amended.

10. Approval of Warrant Register Dated October 9, 2006.

Motion: M/S Soria/Vierra to approve the Consent Agenda Calendar. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Award of Bid for Traffic Signal at the Intersection of “B” Street and Winton Parkway.

City Engineer Gottiparthy gave an overview of the bid opening held on October 10th and said three bids were received, with Teichert Construction being the low bidder. He commented the City recommends accepting the bid from Teichert Construction.

City Engineer Gottiparthy noted there was an additional $54,000 needed to complete the project in addition to the already approved $137,000 in matching funds. He noted that the bids came in higher than expected and that the additional recordkeeping required by whoever was awarded the bid. The City Engineer added that the City can recoup some of the costs from developers affected by the signal light construction.

Motion: M/S Vierra/Ingram to adopt Resolution No. 2006-79, Awarding the Bid for the Traffic Signal Light at the Intersection of “B” Street and Winton Parkway to Teichert Construction. 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

12. Approval of Special Services Agreement with Merced County for Fiscal Year 2006-2007.

Chief Eldridge gave an overview of the contract with Merced County for animal control shelter services. He said additional costs include state mandated costs.

Motion: M/S Ingram/Espinoza to adopt Resolution No. 2006-80, Approving a Special Services Agreement with Merced County for Fiscal Year 2006-2007. 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

13. Approval of Warrant No. 61004 to True Value Hardware.

Motion: M/S Soria/Ingram to approve Warrant No. 61004 to True Value Hardware. The motion carried 4-0-1, with Mayor Friesen abstaining.

14. City Manager Announcements and Reports.

· Requested cancellation of the November 7th Council Meeting due to Election Day. He noted that if an emergency item arises, a special meeting can be called.

ADJOURNMENT

The meeting was adjourned by consensus at 8:26 p.m.

_____________________________

City Clerk of the City of Livingston

APPROVED: November 21, 2006

__________________________

Mayor or Mayor ProTempore

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