SEPTEMBER 19, 2006

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

SEPTEMBER 19, 2006

A Closed Session/Regular Meeting of the Livingston City Council was held on September 19, 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

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: 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.

Mayor Friesen left the Council Chambers and due to a conflict of interest abstained from discussion on all matters pertaining to Foster Poultry Farms, Inc.

Mayor Friesen returned to the Council Chambers at 6:50 p.m. to chair the remainder of the meeting.

The Closed Session ended at 6:59 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 7:00 p.m.

REGULAR MEETING

CALL TO ORDER

Mayor Friesen called the meeting to order at 7:10 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag 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.

It was announced that the Council did not discuss Item #3.

CHANGES TO THE AGENDA.

At the request of the Developer (Dunmore Homes) Item No. 6 on the Consent Agenda pertaining to acceptance of improvements at the City Park on Dwight Way was removed and continued to the Regular Meeting of October 3, 2006.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Mayor Friesen presented Council Member William Ingram with a certificate from the League of California Cities received in recognition of his completion of the Mayors and Council Members Advanced Leadership Academy.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Nick Dawisczik, Assistant to Supervisor Pedrozo, made the following reports:

· Supervisor Pedrozo was not present as he was attending Board of Supervisors meeting.

· Supervisor Pedrozo asked that the public keeping looking in the newspaper for upcoming events involving the Riverside Motor Sports Speedway.

· Farm Festival will be at Pazino Park on October 24th

· Supervisor Pedrozo attended a meeting of the San Joaquin Valley High Speed Railroad Transit System where there was a good turnout.

City Council Members’ Announcements and Reports.

Council Member Ingram

· Reported on his attendance at the League of California Cities Conference in San Diego September 6-8, where he received valuable information on housing and after school programs. He said it appears that Livingston will likely qualify for a $4,000 grant for the City after school program. Both he and Council Member Espinoza attended the same workshop.

Council Member Soria

· Also gave a report on his attendance at the League Conference.

Council Member Espinoza

· Commented on his attendance at the League Conference and reported on wireless Internet services which could benefit the entire community.

· Asked if the street sweeper will be ready for Fall and expressed concern with the amount of money spent repairing the sweeper last year. He asked if there is money in the budget to purchase a new sweeper.

Public Works Director Creighton commented he did not budget for a new sweeper.

Mayor Pro-Tem Vierra

· The Citizens Advisory Committee will hold its Regular Meeting on September 26th at the Livingston Community Center where the main topic of discussion will be the Riverside Motor Sports Speedway.

Mayor’s Announcements and Reports.

Mayor Friesen

· Referred to the Public Meeting held on September 13th regarding the installation of new water lines and paving of dirt alleys and expressed disappointment that although there were more staff members available to answer questions, only two residents showed up. He added this was an important meeting where the City will be spending four million dollars on a major project and only two people attended.

CITIZEN COMMENTS

Xavier Maximillian, 330 Stefani Street, asked how the City could justify spending sewer funds on alley paving.

City Manager Warne explained that sewer funds will be used for the sewer pipeline, but not for asphalt.

Marge McFadden, 1423 First Street, reported on the meeting of the Merced County Mosquito Abatement District Board and said the District will be spraying for mosquitoes the evening of September 25th.

PUBLIC HEARINGS

1. 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, stated the developer has not responded and asked that this item be continued to the Regular Council Meeting of October 3rd.

Motion: M/S Soria/Ingram to continue the Public Hearing to the Regular Council Meeting of October 3, 2006. The motion carried 5-0.

2. 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 from MuniFinancial commented the developer did not respond and asked that this item be continued to the October 3rd City Council meeting.

Motion: M/S Soria/Espinoza to continue the Public Hearing to the October 3, 2006, Regular City Council meeting. The motion carried 5-0.

CONSENT CALENDAR

The following items were presented for Council consideration under the Consent Calendar:

3. Waive the Second Reading and Adopt Ordinance No. 554, An Ordinance of the City Council of the City of Livingston Assuming Responsibilities for the Enforcement of the Mobilehome 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.

4. Waive the Second Reading and Adopt 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.

5. Denial of Claim from Dorothy Angle.

6. Minutes of City Council Meeting Held on September 5, 2006, as amended.

7. Minutes of City Council Meeting Held on September 13, 2006.

8. Approval of Warrant Register Dated September 11, 2006.

Mayor Pro-Tem Vierra asked that Warrant No. 60671 be pulled for discussion.

Finance Director Lewis explained that this Warrant was a vendor error and would be voided.

Motion: M/S Ingram/Soria to approve the Consent Calendar items, with the exception of Warrant No. 60671, and amendments to the Minutes of September 5, 2006. The motion carried 5-0.

DISCUSSION AND POENTIAL ACTION ITEMS

9. Request for City Council Guidance Regarding the Enforcement of Section 4-7-2 of the Livingston Municipal Code Relating to Placement of Temporary Political Signs.

City Manager Warne stated staff is neutral and is seeking Council direction on this subject. He explained the purpose of the Ordinance and what the law is currently. One of the problems with the current Ordinance, he noted, is that signs should not be placed in the public right-of-way.

Kaye Greeley, 1571 Monte Cristo Court, questioned why this item was on the agenda as she recalled the sign issue was clarified last year.

Mayor Friesen commented the City has been enforcing the Sign Ordinance and has removed Foster Farms and school district signs from the public right-of-way.

Council Member Espinoza asked about political signs on Caltrans property.

City Attorney Hallinan gave clarification in response to Council Member Espinoza’s question.

The City’s Special Counsel, Mark Mullkerin, read code sections from State regulations regarding Caltrans’ enforcement.

Council Member Espinoza stated he disagreed on how the City handled the sign issue last year and felt the process was not done properly. However, he understands that staff follows Council direction and staff was only doing their job.

Council Member Ingram explained how the mix-up last year came about and felt the situation was all a big misunderstanding. He commented he has run for office in two City elections and has never seen signs placed at City Hall or any other public property.

Council Member Soria agreed with Council Member Ingram and felt the Ordinance should be enforced.

Council Member Espinoza said he planned to vote against the proposed resolution before the Council tonight because the City promised businesses in the community that the Ordinance would not be enforced until a workshop was held which has not yet taken place.

Mayor Friesen commented that the Livingston Business Association had met in January; however, only two people were present, so the Association had no direction to give the City.

City Manager Warne said there is a sign permit form that was brought to his attention that contained items that are now obsolete. He noted the form has been revised and is included in the new Candidate’s Handbook.

Mayor Friesen suggested that the Voter Bill of Rights, in three languages, be included in the City utility bills.

Motion: M/S Vierra/Soria to adopt Resolution No. 2006-62, Prohibiting the Use of Public Property or Public Rights-of-Way to Promote Political Candidates or Ballot Measures and Clarifying the Location of Public Property and the Public Rights-of-Way for the Purpose of Enforcement of Section 4-2-7 of the Livingston Municipal Code Relating to the Placement of Temporary Political Signs. The motion carried 3-2 by the following vote:

AYES: Council Members: Soria, Vierra, Friesen

NOES: Council Members: Ingram, Espinoza

ABSENT: Council Members: None

10. Proposed FY2007 Budget Workshop.

The agenda item was presented by City Manager Warne. Lengthy discussion followed.

Council Member Ingram was concerned that the money made from selling dirt from the Domestic Wastewater Treatment Plant was going to Parks and Recreation and not for the Domestic Wastewater Treatment Plant expansion.

Mayor Pro-Tem Vierra commented that building permits and sales taxes have increased quite significantly.

City Manager Warne thanked Finance Director Lewis for her hard work and efforts in preparing the budget document.

Ms. Lewis commented there were many people who assisted in the budget preparation, most especially City Manager Warne. She thanked Mr. Warne for his efforts and assistance.

11. City Manager Announcements and Reports.

· No reports.

ADJOURNMENT

The meeting was adjourned by consensus at 8:10 p.m.

________________________________

City Clerk of the City of Livingston

APPROVED: October 3, 2006

_________________________

Mayor or Mayor ProTempore

One thought on “SEPTEMBER 19, 2006

  1. Pingback: Signs of the Times, Parting Shots, Repercussions, and a City Council Agenda « Thegardeningsnail's Weblog (because not every critter is hiding under a rock…)

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