SEPTEMBER 05, 2006

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

SEPTEMBER 5, 2006

A Closed Session/Regular Meeting of the Livingston City Council was held on September 5, 2006, in the City Council Chambers with Mayor Friesen presiding.

CLOSED SESSION

Mayor Friesen called the meeting to order at 5:35 p.m.

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram (Absent)

Council Member Rodrigo Espinoza

Council Member Roy Soria

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

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

Property: 047-045-015.

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

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

Property: 047-200-024.

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

3. 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.

4. 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.

5. 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.

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

7. 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.

8. 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 at 6:44 p.m.

Mayor Friesen left the Council Chambers and abstained on all matters pertaining to Foster Poultry Farms, Inc.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:45 p.m.

Mayor Friesen returned to the Council Chambers at 6:50 p.m.

REGULAR MEETING

CALL TO ORDER

Mayor Friesen called the meeting to order at 7:04 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 (Absent)

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

· None.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Nick Dawidczik, Assistant to Supervisor Pedrozo, reported the following:

· A one day/night RNB Workshop is coming up soon. The date and time will be announced at a later date.

City Council Members’ Announcements and Reports.

Council Member Espinoza

· Asked Community Development Director Kenney when all City Master Plans will be completed.

Director Kenney replied that two plans will done within the week, two will be completed in approximately three weeks, and the traffic plan will take longer due to a change in consultants.

Mayor Pro-Tem Vierra

· Questioned what repairs are being made at the Walnut Avenue Child Development Center.

Public Works Director Creighton explained the building had construction defects that needed to be repaired.

Council Member Espinoza asked where they money for repairs is coming from.

Director Creighton and Finance Director Lewis explained staff was working with the City’s insurance carrier to pay for repairs as the building contractor has gone out of business.

Mayor’s Announcements and Reports.

· No reports.

CITIZEN COMMENTS

Warren Urnberg, 1331 Eighth Street, asked about the All American Mortgage sign on Main Street that indicates an individual will receive a gift from True Value Hardware if refinancing goes through them. He said the sign should be removed.

Mayor Friesen commented he would talk to All American Mortgage about the sign.

Mr. Urnberg commented that he is happy with the road work that is being done; however, he feels the work should all be completed by now.

Mr. Urnberg further commented on a news article about the City being fined due to a staff member not appearing for a deposition. He asked if the fine will be paid with resident’s tax dollars.

City Manager Warne and City Attorney Hallinan said they could not comment on this matter due to legalities although they did want to make it clear that the missed appointment was unintentional.

CONSENT CALENDAR

The following Consent Agenda items were presented for the Council’s consideration:

1. Approval of Restated Solid Waste Joint Powers Agreement for the Merced County Regional Waste Management Authority.

2. Resolution No. 2006-57, Initiating Proceedings Under the Landscape and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code, et. seq., for the Approval to Annex Territory into the City of Livingston Consolidated Landscape and Streetlight Maintenance Assessment District No. 1 as Annexation No. 13, Somerset (Sun Valley Estates), the Intention to Levy and Collect Assessments for Fiscal Year 2006/2007, Approval of the Engineer’s Report, and Setting a Time and Place for a Public Hearing.

3. Resolution No. 2006-58, Initiating Proceedings Under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq., for the Approval of the Formation of City of Livingston Benefit Assessment District No. 15, Somerset (Sun Valley Estates), the Intention to Levy Assessments for Fiscal Year 2006/2007, Approval of the Engineer’s Report, and Setting a Time and Place for a Public Hearing.

4. Resolution No. 2006-59, Accepting the Improvements for the Safe Routes to School “D” Street Sidewalk Project, Directing the City Clerk to File a Notice of Completion with Merced County, and Authorizing the City Manager to Submit the Project Closeout Package to Caltrans.

5. Resolution No. 2006-60, Approving a Proposed Street Name Change from Madrone Street to Kensington Drive and Authorizing the City Engineer to File a Notice of Correction of the Final Maps with the Merced County Recorder’s Office.

6. Minutes of City Council Meeting Held on August 15, 2006, as amended.

7. Approval of Warrant Register of August 29, 2006.

Mayor Pro-Tem Vierra asked that Item No. 1 be pulled for further discussion as well as Warrant Nos. 60507 and 60510 regarding services provided to the City in relation to Foster Farms.

Jesse Brown, Executive Director of the Merced County Association of Governments (MCAG), was present to answer questions from the Council regarding the Solid Waste Joint Powers Agreement.

The Council requested clarification on various portions of the agreement and agreed they didn’t have sufficient time to review the document, therefore, wanted the item continued for further study.

Motion: M/S Espinoza/Vierra to continue this matter to the regular meeting of September 19, 2006. MCAG is to provide further information for Council review. The motion carried 4-0.

Motion: M/S Vierra/Espinoza to approve the remaining Consent Agenda items, with the exception of Warrant Nos. 60507 and 60510. The motion carried 4-0.

Motion: Vierra/Soria to approve Warrant Nos. 60507 and 60510. The motion carried 3-0, with Mayor Friesen abstaining due to a conflict of interest.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Introduce and Waive the First Reading of An Ordinance of the City Council of the City of Livingston Assuming Responsibilities for the Enforcement of the Mobile Home Parks Act and Special Occupancy Parks Act of the California Health and Safety Code, and Title 25, Sections 1004 Through 1006 of the California Code of Regulations.

City Manager Warne presented the agenda item and passed out a description of existing mobile home parks (Monte Cristo Mobile Home Park). Discussion followed.

Motion: Vierra/Soria to introduce and waive the first reading of Ordinance No. 554, an Ordinance of the City Council of the City of Livingston Assuming Responsibilities for the Enforcement of the Mobile Home Parks Act and Special Occupancy Parks Act of the California Health and Safety Code, and Title 25, Sections 1004 through 1006 of the California Code of Regulations. The motion carried 4-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: Ingram

9. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston, California, Amending Chapter 1 of Title 4 Entitled “Building Administration Codes” of the Livingston Municipal Code Relating to the Adoption of Various Uniform Codes.

City Manager Warne presented the agenda item.

Motion: M/S Soria/Vierra to introduce and waive the first reading of Ordinance No. 555, an Ordinance of the City Council of the City of Livingston, California, Amending Chapter 1 of Title 4 Entitled “Building Administration Codes” of the Livingston Municipal Code Relating to the Adoption of Various Uniform Codes. The motion carried 4-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: Ingram

10. Resolution of the City Council of the City of Livingston Authorizing the City Clerk to Consent and Accept Deeds or Grants of Real Estate from Jim Fernandes and Jack Bulwa for the Purchase of 12.63 Acres of Land on the Southside of Dwight Way for the Expansion of the Livingston Sports Complex.

The agenda item was presented by City Manager Warne.

Mayor Pro-Tem Vierra commented that this property purchase has been eagerly anticipated and will double the size of the Sports Complex which is another step forward for the citizens.

Motion: Espinoza/Vierra to adopt Resolution No. 2006-61, Authorizing the City Clerk to Consent and Accept Deeds or Grants of Real Estate from Jim Fernandes and Jack Bulwa for the Purchase of 12.63 Acres of Land on the Southside of Dwight Way for the Expansion of the Livingston Sports Complex. The motion carried 4-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: Ingram

11. Approval of Warrant No. 60584 to True Value Hardware.

Mayor Friesen left the Council Chambers and abstained from discussion or voting on this item due to a conflict of interest.

Motion: M/S Soria/Espinoza to approve Warrant No. 60584 to True Value Hardware in the amount of $1,105.06. The motion carried 3-0 with Mayor Friesen abstaining.

12. Approval of Warrant No. 60590 to Direct Towing.

Mayor Friesen returned to the Council Chambers.

Council Member Espinoza left the Council Chambers and abstained from discussion and voting on this item due to a conflict of interest.

Motion: M/S Vierra/Soria to approve Warrant No. 60590 to Direct Towing in the amount of $80.00. The motion carried 3-0, with Council Member Espinoza abstaining..

Council Member Espinoza returned to the Council Chambers.

13. Distribution of the Proposed FY2007 Budget, Review Budget Organization and Highlights and Set Public Hearing.

City Manager Warne presented the agenda item and said he and Finance Director Lewis have spent countless hours preparing the budget. He also read a few highlights from the budget and said the Council needs time to review the document.

The Council agreed that this item be placed as an agenda item for the September 19, 2006 meeting for review and discussion.

It was announced that the Council will hold a Public Meeting on September 18, 2006, from 5:30 p.m. to 7:00 p.m., in the City Council Chambers to discuss the installation of new water lines in various sections of the City and the paving of all dirt alleys in the community.

14. City Manager Announcements and Reports.

· No Reports.

ADJOURNMENT

The meeting was adjourned by consensus at 8:12 p.m.

________________________________

City Clerk of the City of Livingston

APPROVED: September 19, 2006

___________________________

Mayor or Mayor ProTempore

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