How They Voted in 2006

The information in this page is excerpted from Pages of Approved City Council Minutes previously posted. If you want to read the “fluff, stuff, discussions, comments, and then some”, just click on the links provided.

By the way, there may be a few other things here you would be interested in. For example: who was on the Council when the City Manager Contract was re-negotiated…..

January 03, 2006

CONSENT CALENDAR (Items 4-6)

Motion: M/S Ingram/Soria to approve the following consent agenda items:

4. Waiving Readings of Ordinances and Resolutions except by Title.

5. Approval of Minutes – Closed Session/Regular Meeting of December 20, 2005, as amended.

6. Approval of Warrants – Warrant Registers of January 3, 2006.

The motion carried 4-0.

PUBLIC HEARINGS (Items 7– 8)

7. Adoption of a Resolution Establishing User Fees for Designated Facilities and Increasing the Minimum Time of Usage for the Livingston Recreation Center

Motion: M/S Soria/Vierra that Council adopt Resolution No. 2006-01, approving the establishment of a Fee Policy, as amended, for the facilities noted above and increasing the minimum usage time for the Livingston Recreation Center to 12 hours. The motion carried 4-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: Espinoza

8. Site Plan/Design Review 2005-07 – Dunmore Homes (Country Villas 4)

Motion: M/S Vierra/Ingram that Council adopt Resolution No. 2006-02, approving the Architectural and Color Scheme Design for Country Villas 4 Subdivision. The motion carried 4-0 by the following vote:

AYES: Council Members: Friesen Ingram, Soria, Vierra

NOES: Council Members: None

ABSENT: Council Members: Espinoza

ADMINISTRATIVE MATTERS (Items 9-11)

9. Adoption of a Resolution to Approve an Inspection Improvement Agreement for La Tierra (Rancho Estrada) Subdivision with Lafferty Livingston, LLC and Authorizing the Mayor to Execute the Agreement

Motion: M/S Vierra/Soria that Council adopt Resolution No. 2006-03. approving an Inspection Agreement with Lafferty Livingston, LLC for La Tierra Subdivision and authorizing the Mayor to execute the agreement. The motion carried 4-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: Espinoza

10. Adoption of a Resolution Approving the Proposed Street Name Change Within Liberty Square Residential Subdivision and Authorizing the City Engineer to File a Notice of Correction of the Final Map with the Merced County Recorder’s Office

Motion: M/S Vierra/Soria that Council adopt Resolution No. 2006-04, approving the proposed street name change within Liberty Square Residential Subdivision from Amaretto Court to Karina Lau Court and authorizing the City Engineer to file a Notice of Correction of the Final Subdivision Map with the Merced County Recorder’s Office. The motion carried 3-1 by the following vote:

AYES: Council Members: Ingram, Soria, Vierra

NOES: Council Members: Friesen

ABSENT: Council Members: Espinoza

11. Decals on City Vehicles

At the request of Council Member Ingram, this item was presented for discussion purposes. Lengthy discussion was held on this subject.

After lengthy discussion, Interim City Manager Lewis was directed to bring to completion those recommendations made by the Council at a previous meeting.

JANUARY 12, 2006

CITY COUNCIL & PLANNING COMMISSION JOINT WORKSHOP

RV PARKING, TEMPORARY CARPORT STRUCTURES,

AND FRONT YARD CYCLONE FENCING

JANUARY 12, 2006 7:00 P.M.

Council Members Present: Mayor Friesen, Mayor Pro-Tempore Vierra, and Council Members Espinoza, Ingram, and Soria.

Planning Commissioners Present: Chair Avila and Commissioners Alvear, Benafield, and Blevins.

Staff Present: Arredondo, Hallinan, Kenney, Lewis, Nateras, and Silva.

ITEM #1. RV AND BOAT PARKING LOCATIONS

Existing City Code, LMC 5-5-3 states:

  • Prohibited in front yards.

  • Must be a minimum of 5 feet from side property line, and 5 feet from main structure.

  • Prohibited from sleeping and cooking.

  • Permission by Police Chief if parked on private property.

Existing City Code (PD Zones), LMC 5-6-11 (B) 17 states:

  • Prohibited in front yards and driveways.

  • Prohibited in exterior side yards.

  • Screened when in interior side or rear yards.

Recap of Discussion:
  • Support to keep RV’s/Boats/Trailers from parking in the grassy areas in the front yard.

  • Support for side yard parking.

  • Support for a change to possibly a 2-foot or 3-foot setback from property lines or houses if approved by the fire department.

  • Support for parking smaller boats/trailers and recreational watercraft in the driveway if sufficient space.

ITEM #2. TEMPORARY CARPORT STRUCTURES

Existing City Code – LMC 5-3-16-1 (A) 3 states:

  • Prohibited in front yards.

  • Minimum 5 ft. side setback.

  • Minimum 6 ft. to main structure.

  • Maximum 15 ft. height if they are located within 5 and 15 ft. from rear property line.

  • Maximum of 30% rear yard lot coverage.

Recap of Discussion:

  • Language correction on definition of temporary structures.

  • Clarification of building permit requirements for temporary structures.

ITEM #3. FRONT YARD CYCLONE FENCING

Existing City Code – LMC 5-4-2 (E) States:

  • Cyclone fencing is discouraged (residential fences).

  • Cyclone fencing is discouraged (sound walls)

Recap of discussion:

  • Types of fencing material for front yard.

  • Change language of being discouraged to being prohibited.

  • Future Development separating the old part of town from the new part of town.

January 17, 2006

CONSENT CALENDAR (Items 5 – 8)

Motion: M/S Vierra/Ingram to approve the following consent agenda items:

5. Waiving Readings of Ordinances and Resolutions except by Title

6. Approval of Minutes – Closed Session/Regular Meeting of January 3, 2006, and Joint City Council/Planning Commission Workshop of January 9, 2006.

7. Approval of Warrants – Warrant Registers of January 17, 2006.

8. Damage Claim – Robert Wendel – The City received a claim form filed by David M. Leath, Borton, Petrini and Conron LLP on behalf of Robert Wendel for damages sustained during an incident which occurred at 1617 Main Street, Livingston on December 3, 2004, involving the Livingston Police Department.

ADMINISTRATIVE MATTERS (Item 9-13)

9. Second Reading and Adoption of Ordinance No. 537, as revised, an Ordinance of the City Council of the City of Livingston amending Title 10, Chapter 10, Sections 10-10-1 through 10-10-34 of the Livingston Municipal Code: Massage Establishments and Services

Motion: M/S Vierra/Soria that Council move to waive the second reading and adopt Ordinance No. 537, an Ordinance of the City Council of the City of Livingston amending Title 10, Chapter 10, Sections 10-10-1 through 10-10-34 of the Livingston Municipal Code: Massage Establishments and Services.

The motion carried 4-1 by the following vote::

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

NOES: Council Members: Ingram

ABSENT: Council Members: None

10. Upgrade of the current Police Department CAD (Computer Assisted Dispatch) and RMS (Report Management System)

Motion: M/S Ingram/ Soria that Council move to approve the purchase of the CYRUN, Alliance PD Central CAD and RMS software system, with funds being drawn from the Community Development Fund.

The motion carried 5-0.

11. Amend Current Memorandums of Understanding as they apply to Medical, Dental, Vision, Prescription and Life Insurance Benefit Plans for all Represented Employees, and Approve Terms which will alter or change existing Medical, Dental, Vision, Prescription and Life Insurance Benefit Plans for all City of Livingston Unrepresented Employees

Motion: M/S Ingram/Vierra that the Council move to adopt the following Resolutions:

1. Resolution No. 2006-05, a Resolution of the City Council of the City of Livingston, Approving an Amendment to the current Memorandum of Understanding between the City of Livingston and the Livingston Clerical Employees Association.

2. Resolution No. 2006-06, A Resolution of the City Council of the City of Livingston, Approving an Amendment to the current Memorandum of Understanding between the City of Livingston and the Livingston Management and Confidential Employees Association.

3. Resolution No. 2006-07, A Resolution of the City Council of the City of Livingston, Approving an Amendment to the current Memorandum of Understanding between the City of Livingston and the Livingston Police Officers’ Association.

4. Resolution No. 2006-08, A Resolution of the City Council of the City of Livingston, approving an Amendment to the current Memorandum of Understanding with the Public Works and Parks Employees Unit.

5. Resolution No. 2006-09, A Resolution of the City Council of the City of Livingston, Approving an Amendment to the current Memorandum of Understanding with the Livingston Supervisory Employees Association.

6. Resolution No. 2006-10, A Resolution of the City Council of the City of Livingston, Approving an Amendment to the current Memorandum of Understanding between the City of Livingston and the Livingston Unrepresented Employees.

The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

12. Change of Title of Part-Time Mechanic to Full-Time Mechanic.

Motion: M/S Soria/Ingram to approve the change in job title from Part-Time Mechanic to Full-Time Mechanic and direct the Interim City Manager to implement the change. The motion carried 5-0.

13. Approval of California Cultural and Historical Endowment Grant Application for the Livingston Court Theater

Motion: M/S Vierra/Ingram that Council move to adopt Resolution No. 2006-11, a Resolution of the City Council of the City of Livingston, approving an application to the California Cultural and Historical Endowment for the Court Theater.

The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

JANUARY 23, 2006

JOINT CITY COUNCIL AND

PLANNING COMMISSION WORKSHOP

Inclusionary Housing Workshop

ROLL CALL

Mayor Brandon Friesen, Mayor Pro-Tem Vierra, Council Member William Ingram, Council Member Roy Soria, Council Member Rodrigo Espinoza

Commissioner Ramon Avila, Commissioner David Blevins, Commissioner Diann Benafield, Commissioner Marge McFadden, Commissioner Maricela Alvear

Tattoo Parlor Workshop

Variance Workshop

JANUARY 30, 2006

CLOSED SESSION

The Council went into Closed Session at 4:46 p.m. to discuss the following matter:

1. PUBLIC EMPLOYMENT

(Pursuant to Government Code Section 54957)

Title: City Manager

JANUARY 9, 2006

JOINT CITY COUNCIL AND

PLANNING COMMISSION WORKSHOP

a brief introduction of the meeting topic, the Master Environmental Impact Report (MEIR).

February 07, 2006

REPORT OUT OF CLOSED SESSION

The Council directed staff to finalize the Grant Deed for the Jimenez property and gave staff direction on other matters.

CONSENT CALENDAR (Items 7-9)

7. Waiving Readings of Ordinances and Resolutions except by Title

8. Approval of Minutes – Closed Session/Regular Meeting of January 17, 2006; Joint City Council/Planning Commission Workshop of January 12, 2006; and Joint City Council/Planning Commission Workshops of January 23, 2006.

9. Approval of Warrants – Warrant Registers of January 30, 2006.

Council Member Ingram asked that Warrant No. 56688 be pulled for discussion. He asked that Council look into hiring in-house staff for this work. Discussion followed. Mayor Friesen clarified that the warrant was for charges for two months.

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

PUBLIC HEARINGS (Items 10-11)

10. Public Hearing: Adopt a Resolution that the City Council Certifying that the City Council has Received Testimony Relating to the Adoption of its 2005-2006 Disadvantaged Business Enterprise (DBE) Plan and Approving the City of Livingston’s 2005-2006 Disadvantaged Business Enterprise (DBE) Plan

Motion: M/S Vierra/Ingram that Council move to adopt Resolution No. 2006-12, A Resolution of the City Council of the City of Livingston, certifying that the City Council has received testimony relating to the adoption of its 2005-2006 Disadvantaged Business Enterprise (DBE) Plan and Approving the City of Livingston’s 2005-2006 Disadvantaged Business Enterprise (DBE) Plan.

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. Public Hearing to Receive Testimony Relating to the Final General Progress Report and Closeout of the City’s 2003 Community Development Block Grant (CDBG) Housing Rehabilitation Program

As this item was to receive public input, no Council action was required.

ADMINISTRATIVE MATTERS (Items 12-17)

11. Planning Commission Appointment

A motion to appoint Mr. Shabid Bath to the Planning Commission was introduced by Council Member Espinoza. There was no second to the motion and the motion failed to pass.

Motion: M/S Soria/Ingram to re-appoint David Blevins to a four year term on the Planning Commission, commencing January 1, 2006. The motion carried 4-0-1, with Mayor Pro-Tem Vierra abstaining.

Discussion was held regarding the possibility of having a seven member Planning Commission as allowed by City Code.

13. Adopt a Resolution – 2006 City of Livingston Investment Policy

Motion: Ingram/Soria that the Council move to adopt Resolution No. 2006-13, A Resolution of the City Council of the City of Livingston, Approving the City of Livingston’s 2006 Investment Policy.

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

14. Resolution to Approve the Final Map and Subdivision Improvement Agreement for Country Villas Unit 4 Subdivision, and Authorize the Mayor to Execute the Agreement

This item was tabled to the Council’s Regular Meeting of February 21, 2006.

15. Resolution Authorizing the City to Enter into a Contract with Lionakis Beaumont Design Group, Inc., to Revise a Scope of Services

Motion: M/S Vierra/Soria that Council move to adopt Resolution 2006-14, A Resolution of the City Council of the City of Livingston, Authorizing the City to Enter into a Contract with Lionakis Beaumont Design Group, Inc., for a Revised Scope of Services for the City Council Chambers Addition and City Hall Remodel.

The motion carried 4-1 by the following vote:

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

NOES: Council Members: Ingram

ABSENT: Council Members: None

16. Proposals for Design and Maintenance of New City Website

The agenda item pertaining to proposals for the design and maintenance of a new City Website was presented by Executive Assistant Barnes.

17. Proposed Street Name Changes for Winton Parkway, Emerald Drive and Briarwood

This was a dicussion item only and no action was taken by the Council.

February 21, 2006

REPORT OUT OF CLOSED SESSION

By consensus, the Council approved the hire of Richard Warne as the new City Manager effective February 23, 2006

CONSENT CALENDAR (Items 5-7)

Motion: M/S Soria/Ingram to approve the following consent agenda items:

5. Waiving Readings of Ordinances and Resolutions except by Title

6. Approval of Minutes – Special Meeting of January 30, 2006 and Closed Session/Regular Meeting of February 7, 2006, as amended.

7. Approval of Warrants – Warrant Registers of February 21, 2006.

The motion carried 5-0.

ADMINISTRATIVE MATTERS (Items 8-13)

8. Resolution to Approve the Final Map and Subdivision Improvement Agreement for Country Villas Unit 4 Subdivision and Authorize the Mayor to Execute the Agreement.

Motion: M/S Ingram/Espinoza that Council move to adopt Resolution No. 2006 -17, A Resolution of the City Council of the City of Livingston, Approving the Final Subdivision Map and Subdivision Improvement Agreement for Country Villas Unit 4 Subdivision and Authorizing the Mayor to Execute the Agreement, with the understanding that the park basin at Walnut and Dwight will be completed by March 31st. In addition, that building permits for affected lots that will be used for temporary storm drain basins will be placed on hold until the park drainage basin is completed.

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 to Accept the Grant Deed for the Road Dedication by Tim Bettencourt, Lisa Bettencourt, Matt Friedrich, and Christina Tourtlotte and Authorizing the Interim City Manager to Submit the Grant Deed to Merced County for Recordation.

Motion: M/S Vierra/Espinoza to adopt Resolution No. 2006-18, A Resolution of the City Council of the City of Livingston, Accepting the Grant Deed for the Road Dedication from Tim Bettencourt, Lisa Bettencourt, Matt Friedrich, and Christina Tourtlotte and Authorizing the Interim City Manager to Submit the Grant Deed to Merced County for Recordation, and Certification of Resolution No. 2006-19 Pertaining to the Grant Deed.

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

10. Acceptance and Approval of a Budget Transfer within the Recreation Department Budget to Cover Non-budgeted Items

Motion: M/S Vierra/Soria that Council approve the budget transfer of funds to improve existing equipment, purchase new equipment, and enable staff to work efficiently and effectively with middle school age children and provide an after summer school program to help keep the children active and off the streets.

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 Establishing a Policy for Street and Park Trees

At the request of Council Members Ingram and Espinoza, the Council agreed to table this item to the Regular Meeting of March 21st for review.

12. Resolution Establishing a Policy and Procedure for the Naming of Streets and Parks

At the request of Council Member Soria, the Council agreed to table this item to the Regular Meeting of March 21st for review.

13. Purchase of Vehicle for Use by the Police Department and Volunteers for Community Services Patrol and Special Programs

Motion: M/S Ingram/Espinoza that Council approve the purchase of a 2006 Ford Ranger pick-up with necessary radio equipment and decaling at a cost of approximately $17,000 utilizing SLESF (COPS) funding.

The motion carried 4-1, with Mayor Pro-Tem Vierra voting no.

FEBRUARY 24, 2006

The purpose of the meeting was to meet with State Senator Jeff Denham.

FEBRUARY 28, 2006

CITY COUNCIL WORKSHOP

WASTEWATER TREATMENT PLANT EXPANSION

March 07, 2006

CONSENT CALENDAR (Items 5-7)

The following consent agenda items were presented for Council approval:

5. Waiving Readings of Ordinances and Resolutions except by Title

6. Approval of Minutes – Closed Session/Regular Meeting of February 21, 2006, and Special Meeting of February 24, 2006.

7. Approval of Warrants – Warrant Registers of March 7, 2006.

Council Member Ingram questioned check #58842. It was his understanding that the City has already purchased a backhoe and asked if this was a new one.

Mayor Friesen questioned check #58819. Police Chief Eldridge explained that this check was reimbursement for tickets that were not received. He felt the ethical thing to do was to return the money to person.

Motion: M/S Vierra/Ingram to approve the consent agenda items as presented with the exception of amending the Minutes of the Closed Session/Regular Meeting of February 21, 2006. The motion carried 5-0.

PUBLIC HEARING (Item 8)

8. Resolution Amending the Fee Schedule Associated with the Provision of Building Safety Services to the Public

Motion: M/S Espinoza/Ingram to continue the Public Hearing on this item to the Council’s Regular Meeting of March 21, 2006. The motion carried 4-1, with Mayor Pro-Tem Vierra voting no.

ADMINISTRATIVE MATTERS (Item 9)

9. Adopt a Resolution to Approve the Final Map and Subdivision Improvement Agreement for La Tierra (Rancho Estrada) Subdivision, and Authorize the Mayor to Execute the Agreement

Motion: M/S Ingram/Espinoza that the City Council move to adopt Resolution No. 2006–20, A Resolution of the City Council of the City of Livingston, Approving the Final Subdivision Map and Subdivision Improvement Agreement for La Tierra (Rancho Estrada) Subdivision, and Authorizing the Mayor to Execute the Agreement.

The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

MARCH 15, 2006

JOINT CITY COUNCIL AND

PLANNING COMMISSION WORKSHOP

CITY OF LIVINGSTON GENERAL PLAN UPDATE/MEIR

ROLL CALL

Present were Mayor Friesen and Council Members Espinoza, Ingram, Soria, and Vierra; Planning Commissioners Alvear, McFadden, and Benafield; Staff members Warne, Kenney, Creighton, Gottiparthy, and Arredondo; Consultants Sara Allinder and Erin Haley (Pacific Municipal Consultants), Ken Anderson (KD Anderson); and others in the audience.

~~~~~~~~~

Discussion followed on agricultural buffer to keep cities from growing together.

Sara Allinder (PMC) estimated completion of MEIR to be October 2006.

It was determined that Council needed time to look at the alternatives and they were not prepared to make any decisions tonight.

MARCH 21, 2006

PUBLIC HEARINGS

3. Introduce and Waive First Reading of an Ordinance of the City Council of the City of Livingston Adding Title 6, Chapter 10, Section 46 to the Livingston Municipal Code Requiring the Installation of Subdivision Improvements Prior to the Issuing of Building Permits.

Motion: M/S Ingram/Espinoza to continue consideration of the introduction and first reading of the Ordinance to the April 4, 2006, City Council meeting. The motion failed by a 3-2 vote, with Mayor Friesen, Mayor Pro-Tem Vierra and Council Member Soria voting no.

Motion: M/S Vierra/Soria that the Council introduce and waive the first reading of Ordinance No. 538, an Ordinance of the City Council of the City of Livingston Adding Title 6, Chapter 10, Section 46 to the Livingston Municipal Code Requiring the Installation of Subdivision Improvements Prior to the Issuing of Building Permits.

The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

Motion: M/S Vierra/Ingram to approve the following consent agenda items:

4. Resolution No. 2006-21, to Accept the Subdivision Improvements for Davante Villas Units 1 & 2, McRoy-Wilbur Communities Inc., a California Corporation, Direct the City Clerk to File the Notice of Completion, and to Authorize the City Manager to Release the Faithful Performance and Materials Bonds.

5. Minutes of City Council Workshop Held on February 28, 2006.

6. Minutes of City Council Meeting Held on March 7, 2006.

7. Approval of the Warrant Register of March 21, 2006.

The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Presentation of the Draft Storm Drain Master Plan.

No action was taken by the Council.

9. Resolution of the City Council of the City of Livingston Establishing a Policy for Street and Park Trees.

Motion: M/S Vierra/Ingram to adopt Resolution No. 2006-22, a Resolution of the City Council of the City of Livingston Establishing a Policy for Street and Park Trees. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

10. Resolution of the City Council of the City of Livingston Amending the Permit and Fee Schedule for Building Safety Division Services.

Motion: M/S Soria/ Vierra to adopt Resolution 2006-23, A Resolution of the City Council of the City of Livingston, Amending the Building Section of Resolution 1983-13, Permit and Fee Schedule for Building Safety Division Services. The motion carried 3-2 by the following vote:

AYES: Council Members: Soria, Vierra, Friesen

NOES: Council Members: Ingram, Espinoza

ABSENT: Council Members: None

11. Introduce and Waive First Reading of an Ordinance of the City Council of the City of Livingston Adding Chapter 11 to Title 10, Sections 1 through 38 to the Livingston Municipal Code Regarding Body Art Establishment.

Motion: M/S Vierra/Soria to introduce and waive the first reading of Ordinance No. 539, an Ordinance of the City Council of the City of Livingston Adding Chapter 11 to Title 10, Sections 1 through 38 to the Livingston Municipal Code: Body Art Establishments. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

APRIL 04, 2006

PUBLIC HEARINGS

4. Introduce and Waive the First Reading of an Ordinance Establishing Policies, Rules and Regulations Governing Animals Within the City of Livingston and Adding Sections 10-3-1 Through 10-3-50 to Title 10 and Repealing Sections 10-3-1 Through 10-3-8 of the Livingston Municipal Code.

Motion: Vierra/Espinoza to Introduce and Waive the First Reading of Ordinance No. 540, Establishing Policies, Rules and Regulations Governing Animals Within the City of Livingston and Adding Sections 10-3-1 Through 10-3-50 to Title 10 and Repealing Sections 10-3-1 through 10-3-8 of the Livingston Municipal Code. The motion carried5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

Motion: M/S Ingram/Soria to Authorize City Staff to Begin Animal Control Services, Purchase a Vehicle and Equipment, Begin Looking for an Animal Shelter Site and Prepare Concept Plans and Floor Plans for an Animal Shelter Site. The motion carried 5-0.

5. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Adding Section 11 to Title 5, Chapter 5 of the Livingston Municipal Code Regulating Body Art Establishments.

Motion: M/S Vierra/Ingram to introduce and waive the first reading of Ordinance No. 541, as amended, an Ordinance of the City Council of the City of Livingston Adding Section 11 to Title 5, Chapter 5 of the Livingston Municipal Code Regulating Body Art Establishments. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

Motion: M/S Soria/Vierra to approve the following consent agenda items:

6. Resolution No. 2006-24 to Initiate Proceedings under the Landscape and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code, et seq., Declare the City’s Intention to Levy and Collect Assessments within the City’s Landscape and Lighting Maintenance Assessment District for Fiscal Year 2006/2007, Approval of the Engineer’s Report and Setting Time and Place for a Public Hearing.

7, Resolution No. 2006-25 to Initiate Proceedings under the Benefit Assessment Act of 1982, Government Code 54717, et seq., Declare the City’s Intention to Levy and Collect Assessments within the City’s Benefit Assessment Districts for Fiscal Year 2006/2007, Approval of the Engineer’s Report, and Setting Time and Place for a Public Hearing.

8. Waive the Second Reading and Adopt Ordinance No. 539, an Ordinance of the City Council of the City of Livingston Adding Title 10, Chapter 11, Sections 1 through 36 of the Livingston Municipal Code Requiring Permit Issuance Prior to Opening Any Body Art Establishment.

9. Resolution No. 2006-26 to Amend an Agreement with Planning Partners for the Environmental Assessment of Ranchwood’s Summer Stone (formerly Ranchwood North and Magnolia Grove) Project.

10. Resolution No. 2006-27, a Resolution of the City Council of the City of Livingston Authorizing the City Clerk to Consent and to Accept Deeds of Real Estate from the Livingston Union School District for the Construction of a Traffic Signal at the Corner of Winton Parkway and “B” Street.

11. Resolution No. 2006-28, a Resolution of the City Council of the City of Livingston, to Authorize the Mayor to Execute a Reimbursement Agreement between the City of Livingston and McRoy-Wilbur Communities, Inc., a California Corporation Relating to the Arakelian Park/Basin Improvements.

12. Resolution No. 2006-29, Acquisition of a GIS (Geographic Information System) Server and Software for the Utilization of Maps and Geographic Information.

13. Minutes of City Council/Planning Commission Workshop Held on March 15, 2006.

14. Minutes of City Council Meeting Held on March 21, 2006.

15. Approval of the Warrant Register of April 4, 2006.

The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

16. Waive the Second Reading and Adopt Ordinance No. 538, an Ordinance of the City Council of the City of Livingston Adding Title 6, Chapter 10, Section 46 to the Livingston Municipal Code Requiring the Installation of Subdivision Improvements Prior to the Issuing of Building Permits.

Motion: M/S Ingram/Espinoza to continue this item to the May 2, 2006, Council meeting. The motion carried 3-2 with Mayor Pro-Tem Vierra and Council Member Soria voting no.

17. Presentation of Water System Master Plan.

A power point presentation of the Final Draft of the City of Livingston Water Distribution System Master Plan was given by Carollo Engineers of Fresno.

18. Presentation of Wastewater Master Plan.

Carollo Engineers gave a power point presentation on the Final Draft of the City of Livingston Wastewater Collection System Master Plan.

19. Authorization to Begin Animal Control Services, Purchase Vehicle, Purchase Equipment, Begin Looking for an Animal Shelter Site and Prepare Concept Plans and Floor Plans for an Animal Shelter.

This item was presented in conjunction with Agenda Item No. 4.

20. A Resolution of the City Council of the City of Livingston Approving a Tentative Land-Use. Map to Complete the General Plan Update, the Master Environmental Impact Report, and Other Land-Use Related Documents.

Motion: M/S Vierra/Ingram to Adopt Resolution No. 2006-30, a Resolution of the City Council of the City of Livingston Approving a Tentative Land-Use Map to Complete the General Plan Update, the Master Environmental Impact Report, and Other Land-Use Related Documents.

The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

21. Resolution to Approve Site Plan / Design Review 2005-08 for the two Valdez- Cisneros Industrial Buildings.

Motion: M/S Espinoza/Ingram to adopt Resolution No. 2006-31, a Resolution of the City Council of the City of Livingston to Approve Site Plan / Design Review 2005-08 for the two Valdez-Cisneros Industrial Buildings. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

APRIL 18, 2006

CONSENT CALENDAR

Motion: Ingram/Vierra to approve the following consent agenda items:

7. Waive the Second Reading and Adopt Ordinance No. 540, an Ordinance of the City Council of the City of Livingston Establishing Policies, Rules and Regulations Governing Animals Within the City of Livingston and Adding Sections 10-3-1 to 10-3-50 and Repealing Sections 10-3-1 Through 10-3-8 of the Livingston Municipal Code.

8. Waive the Second Reading and Adopt Ordinance No. 541, an Ordinance of the City Council of the City of Livingston Adding Section 11 to Title 5, Chapter 5 of the Livingston Municipal Code Regulating Body Art Establishments.

9. Denial of Claim for Damages from Lesa Sanchez.

10. Minutes of City Council Meeting Held on April 4, 2006.

11. Approval of Warrant Register of April 18, 2006.

12. Resolution No. 2006-32, Authorizing the City Clerk to Consent and to Accept Deeds of Real Estate from Brian Medeiros for the Purchase of the Flood Retention Basin on “F” Street Adjacent to the Little Guys and Gals Park.

13. Resolution No. 2006-33, Approving an Increase in the Administrative Overhead Charge to 15 percent for all Engineering and Planning Fees.

14. Resolution No. 2006-34, Accepting the Subdivision Improvements for Liberty Square Residential Subdivision, Livingston Country Lane, L.P.; Directing the City Clerk to File the Notice of Completion; and Authorizing the City Manager to Release the Faithful Performance and Material Bonds.

15. Resolution No. 2006-35, Approving the California Department of Parks and Recreation Land and Water Conservation Fund Program Application (Livingston Sports Complex). The motion carried 3-0 by the following vote:

AYES: Council Members: Ingram, Vierra, Friesen

NOES: Council Members: None

ABSENT: Council Members: Espinoza and Soria

DISCUSSION AND POTENTIAL ACTION ITEMS

16. Presentation of Draft Parks and Recreation Master Plan.

MAY 02, 2006

CHANGES TO THE AGENDA.

Item No. 11 pertaining to the sale of the “B” Street parking lot (Livingston Plaza) was added to the agenda.

PUBLIC HEARINGS

3. Resolution to Adopt a Mitigated Negative Declaration and Approve Vesting Tentative Map 2004-04 for Lafferty Homes’ Hhad Property.

Motion: M/S Vierra/Ingram to adopt Resolution No. 2006-36, adopting a Mitigated Negative Declaration and approving Vesting Tentative Map 2004-04 for Lafferty Homes’ Hhad property. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

The following consent agenda items were presented for Council consideration:

4. Approval of Merced County Association of Governments Work Program and Budget for Fiscal Year 2006/07.

5. Minutes of City Council Meeting Held on April 18, 2006.

6. Approval of Warrant Register of May 2, 2006.

Council Member Ingram asked that Warrant No. 59313 for a “port-a-pottie”at the Police firing range be pulled for discussion.

Motion: Ingram/Soria to approve the consent agenda as presented, including approval of Warrant No. 59313 as long as this matter is discussed further. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Consider Proposals Made by Developers and Decide Whether to Waive the Second Reading and Adopt Ordinance No. 538 of the City Council of the City of Livingston Adding Title 6, Chapter 10, Section 46 to the Livingston Municipal Code Requiring the Installation of Subdivision Improvements Prior to the Issuance of Building Permits.

Motion: M/S Vierra/Soria to waive the second reading and adopt Ordinance No. 538, an Ordinance of the City Council of the City of Livingston Adding Title 6, Chapter 10, Section 46 to the Livingston Municipal Code Requiring the Installation of Subdivision Improvements Prior to the Issuance of Building Permits. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

8. Provide Staff with Direction Regarding Whether to Place a Measure on the November Ballot Increasing the Term of the Mayor from Two Years to Four Years.

Mayor Friesen asked staff to move forward on this issue.

9. Consideration of Proposed Floor Plans for City Hall Expansion.

City Manager Warne asked for Council direction on which option they would prefer, Option A, which would place the Council Chambers’ addition in the parking lot of City Hall on “C” Street, or Option B, which would locate the Council Chambers at the corner of Main and “D” Streets where a market and taco wagon currently operate. The Council favored Option B.

Motion: M/S Ingram/Espinoza that staff be directed to meet with the owner to discuss purchase of the property and proceed with an appraisal of the property. The motion carried 5-0.

11. Sale of “B” Street Parking Lot.

City Attorney Hallinan recommended this item be formally placed on the next meeting agenda.

MAY 16, 2006

PUBLIC HEARING

3. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Establishing Policies, Rules and Regulations Governing the Provision of Municipal, Domestic and Industrial Water Service in the City of Livingston, Adding Sections 9-5-1 Through 9-5-67 and Repealing Sections 9-5-1 Through 9-5-16 to Title 9 of the Livingston Municipal Code.

It was agreed by Council that there was no need for watering restrictions and directed the City Manager to add language to the proposed ordinance stating that watering restrictions would only be enforced by Council direction.

Motion: M/S Ingram/Vierra to introduce and waive the first reading of Ordinance No. 542, an Ordinance of the City Council of the City of Livingston, Establishing Policies, Rules and Regulations Governing the Provision of Municipal, Domestic and Industrial Water Service in the City of Livingston, Adding Sections 9-5-1 through 9-5-67 and Repealing Sections 9-5-1 through 9-5-16 of Title 9 of the Livingston Municipal Code. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

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

4. Denial of Claim for Damages from Maria L. Perez.

5. Minutes of City Council Meeting held on May 2, 2006.

6. Approval of Warrant Register of May 16, 2006.

Motion: M/S Soria/Vierra to approve the Consent Calendar items as presented, including Warrant #59410. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Award of Bid for Rehabilitation of Various City Streets Project to the Lowest Responsible Bidder.

Motion: M/S Ingram/Soria to award the bid for the Rehabilitation of Various City Streets Project to the low bidder, California Pavement Maintenance Company, Inc. in the total amount of $223,823.05 and authorize the City Manager to enter into an agreement with the company. The motion carried 5-0.

8. Resolution Approving Lead Agency Status for the Foster Farms Reclamation Fields Environmental Document.

Motion: M/S Ingram/Espinoza to adopt Resolution No. 2006-37, approving Lead Agency Status for the Foster Reclamation Environmental Document. The motion carried 4-0-1 as follows:

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

NOES: Council Members: None

ABSTAIN: Council Members: Friesen

9. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Adding Chapter 12, Sections 1 Through 3, to Title 10 of the Livingston Municipal Code: Urinating or Defecating in a Public Place.

Motion: M/S Vierra/Ingram to introduce and waive the first reading of Ordinance No. 543, an Ordinance of the City Council of the City of Livingston Adding Chapter 12, Sections 1 Through 3 to Title 10 of the Livingston Municipal Code: Urinating or Defecating in a Public Place. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

10. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Title 1, Chapter 9, Sections 1 and 2 of the Livingston Municipal Code: Corporate Seal, Logo.

Motion: M/S Vierra/Soria to introduce and waive the First Reading of Ordinance No. 544, an Ordinance of the City Council of the City of Livingston Amending Title 1, Chapter 9, Sections 1 and 2 of the Livingston Municipal Code: Corporate Seal/Logo.

The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

11. Resolution Establishing Penalties for Violations of City Ordinances, Resolutions, Regulations, Policies and Directives.

Councilmember Espinoza made a motion to table this item, so that the resolution can be more clearly defined. The motion was seconded by Council Member Ingram, but failed to carry with Mayor Friesen, Mayor Pro-Tem Vierra and Council Member Soria voting no.

Motion: M/S Vierra/Soria to adopt Resolution No. 2006-38, as amended, a Resolution of the City Council of the City of Livingston Establishing Penalties for Violations of City Ordinances, Resolutions, Regulations, Policies and Directives. The motion carried 4-1 by the following vote:

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

NOES: Council Members: Espinoza

ABSENT: Council Members: None

MAY 24, 2006

CONSENT CALENDAR

The following Consent Calendar items were presented for Council approval:

1. Waive the Second Reading and Adopt Ordinance No. 542, an Ordinance of the City Council of the City of Livingston Establishing Policies, Rules and Regulations Governing the Provision of Municipal, Domestic and Industrial Water Service in the City of Livingston, Adding Sections 9-5-1 Through 9-5-74 and Repealing Sections 9-5-1 Through 9-5-16 of Title 9 of the Livingston Municipal Code.

2. Waive the Second Reading and Adopt Ordinance No. 543, an Ordinance of the City Council of the City Council of the City of Livingston Adding Chapter 12, Sections 1 Through 3 to Title 10 of the Livingston Municipal Code: Urinating or Defecating in a Public Place.

3. Waive the Second Reading and Adopt Ordinance No. 544, an Ordinance of the City Council of the City of Livingston Amending Title 1, Chapter 9, Sections 1 and 2 of the Livingston Municipal Code: Corporate Seal, Logo.

Council Member Ingram requested that Item No. 3 be removed for discussion. He requested that there be a language change to reflect that there is no fiscal impact to the City.

Council Member Espinoza requested that wording on Item No. 1 be changed for clarification of timeframe of one year from the time of connection to City water service.

Motion: M/S Vierra/Soria to approve Consent Calendar agenda items 1 through 3, as amended. The motion carried 5-0.

June 06, 2006

PUBLIC HEARINGS

2. Resolution Approving a Proposed Street Name Change from Briarwood Drive to Emerald Drive and Authorizing the City Engineer to File a Notice of Correction of the Final Maps with the Merced County Recorder’s Office.

Councilmember Espinoza left the Council Chambers and abstained from discussion on this item due to a conflict of interest (he lives on Emerald Drive.

Council Member Ingram made a motion to approve the proposed street name change from Briarwood Drive to Emerald Drive. The motion died for lack of a second.

Mayor Pro-Tem Vierra made a motion that the street names remain as is. The motion died for lack of a second.

Motion: M/S Soria/Ingram to table this item for further study and discussion. The motion tied, with Mayor Friesen and Mayor Pro-Tem Vierra voting no; therefore, no further discussion on this item will be held in the future.

3. Resolution Initiating Proceedings under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500 Et. Seq.: for the Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1 and Confirming Assessments for Fiscal Year 2006/2007.

Motion: M/S Vierra/Soria to adopt Resolution No. 2006-39, a Resolution Initiating Proceedings under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500 Et. Seq.: for the Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1 and Confirming Assessments for Fiscal Year 2006/2007. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

4. Resolution Initiating Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717 Et Seq.: for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts and Confirming Assessments for Fiscal Year 2006/2007.

Motion: M/S Ingram/Soria to adopt Resolution No. 2006-40, a Resolution Initiating Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717 Et Seq.: for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts and Confirming Assessments for Fiscal Year 2006/2007. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

5. Introduce and Waive the First Reading of an Ordinance Amending Title 8, Chapter 2 of the Livingston Municipal Code Establishing Policies, Rules and Regulations Governing Garbage, Refuse, Rubbish, Construction Rubbish, Hazardous Waste, Household Hazardous Waste, Infectious Waste, Liquid Industrial Waste, Recycling Materials, Green Waste and All Other Solid Wastes Generated in the City of Livingston and Adding Sections 8-2-1 Through 8-2-67 and Repealing Sections 8-2-1 Through 8-2-7 of the Livingston Municipal Code.

Motion: M/S Soria/Vierra to introduce and waive the first reading of Ordinance No. 545, an Ordinance Amending Title 8, Chapter 2 of the Livingston Municipal Code Establishing Policies, Rules and Regulations Governing Garbage, Refuse, Rubbish, Construction Rubbish, Hazardous Waste, Household Hazardous Waste, Infectious Waste, Liquid Industrial Waste, Recycling Materials, Green Waste and All Other Solid Wastes Generated in the City of Livingston and Adding Sections 8-2-1 Through 8-2-67 to the Livingston Municipal Code. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

The following Consent Calendar items were presented for Council approval:

6. Resolution No. 2006-41, Approving a Cost of Living Increase in the Amount of 3.1% for All Full-Time Permanent Employees of the City of Livingston.

7. Resolution No. 2006-42, Authorizing the City Manager to File Regional Surface Transportation Program (RSTP) Program Funds Claim for Fiscal Year 2005-2006.

8. Resolution No. 2006-43, Approving the Local Transportation (LTF) Claim to be Filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2006-2007.

9. Minutes of City Council Meetings Held on May 16 and May 24, 2006.

10. Approval of Warrant Register of June 6, 2006.

Motion: M/S Vierra/Ingram to approve the Consent Calendar items as presented. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Second Amendment to Gallo Development Agreement by and Between City of Livingston and TA Operating Corporation D/B/A Travel Centers of America.

Motion: M/S Vierra/Espinoza to approve the Second Amendment to the Gallo Development Agreement between the City of Livingston and TA Operating Corporation D/B/A Travel Centers of American, with the addition of three conditions as follows:

1.) Site Plan approval by City staff, 2.) Engineering drawings approved by the City Engineer, and 3.) Letter from Mr. Gallo approving design of structures. The motion carried 5-0.

12. Resolution Approving an Increase in Specific Fees Charged by the Livingston Police Department for Services Rendered.

Motion: M/S Soria/Ingram to adopt Resolution No. 2006-44, Approving an Increase in Specific Fees Charged by the Livingston Police Department for Services Rendered. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

13. Construction of Restroom Facility at Police Department Firing Range.

Motion: M/S Ingram/Espinoza to Approve the Construction of a Restroom Facility at the Police Department Firing Range. The motion carried 5-0.

JUNE 20, 2006

CONSENT CALENDAR

The following consent calendar items were presented for the Council’s approval:

4. Resolution No. 2006-45, a Resolution of the City Council of the City of Livingston Authorizing the City Clerk to Accept and Consent to Deeds or Grants of Real Estate from the Lillian Horta Trust for the Purchase of the Properties (APN# 047-140-016 and APN# 047-140-017) Adjacent to the Domestic Waste Water Treatment Plant.

5. Waive the Second Reading and Adopt Ordinance No. 545, an Ordinance Amending Title 8, Chapter 2 of the Livingston Municipal Code Establishing Policies, Rules and Regulations Governing Garbage, Refuse, Rubbish, Construction Rubbish, Hazardous Waste, Household Hazardous Waste, Infectious Waste, Liquid Industrial Waste, Recycling Materials, Green Waste and All Other Solid Wastes Generated in the City of Livingston and Adding Sections 8-2-1 Through 8-2-67 and Repealing Sections 8-2-1 Through 8-2-7 of the Livingston Municipal Code.

6. Annual Compensation Increase for Environmental Management Services (EMS).

7. Resolution No. 2006-46, a Resolution of the City Council of the City of Livingston Approving Administrative Fees Charged by the City of Livingston and Rescinding Resolution No. 96-21.

8. Appointment of Ron Krause to Citizens Advisory Committee.

9. Minutes of City Council Meeting Held on June 6, 2006.

10. Approval of Warrant Register of June 12, 2006.

Mayor Friesen noted a change on item #7, “City reserves the right to charge 1.5 times the cost of services for expedited services” not 1.5%. He also noted language changes to item #5.

Motion: M/S Vierra/Soria to approve the consent agenda items, with amendments to items #5 and #7. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Resolution Denying Time Extensions for Tentative Map 2003-02, Parcel Map 2004-01, and the Winton Parkway Commercial Development and Residential Development.

M/S Vierra/Soria to deny time extensions for Tentative Map 2003-02, Parcel Map 2004-01, and the Winton Parkway Commercial and Residential Developments. The motion failed to carry by the following vote:

AYES: Council Members: Soria, Vierra

NOES: Council Members: Espinoza, Ingram, Friesen

ABSENT: Council Members: None

Motion: M/S Ingram/Espinoza to adopt Resolution No. 2006-47, approving time extensions with conditions for Tentative Map 2003-02, Parcel Map 2004-01, and the Winton Parkway Commercial and Residential Developments. The motion carried 4-1 by the following vote:

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

12. Authorization to Begin Engineering to Pave All Dirt Alleys in the City of Livingston.

Motion: M/S Soria/Ingram to authorize staff to begin engineering to pave all dirt alleys in the City of Livingston. The motion carried 5-0.

13. Discussion Regarding Moving City Council Chambers from City Hall to Museum.

14. Resolution Approving a Proposed Street Name Change from Briarwood Drive to Emerald Drive and Authorizing the City Engineer to File a Notice of Correction of the Final Maps with the Merced County Recorder’s Office.

Motion: M/S Espinoza/Ingram to pull this item from the agenda. The motion carried 5-0.

JULY 05, 2006

CHANGES TO THE AGENDA

The addition of Agenda Item No. 10 pertaining to the construction of a traffic signal at the corner of Winton Parkway and “B” Street.

CONSENT CALENDAR

Motion: M/S Vierra/Soria to approve the following consent agenda items:

1. Denial of Claim for Damages from Nukal Bassi.

2. Denial of Claim for Damages from Angelino D. Zurita.

3. Minutes of City Council Meeting Held on June 20, 2006.

4. Approval of Warrant Register of June 27, 2006.

The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

5. Resolution Approving the Final Subdivision Map and Subdivision Improvement Agreement for Strawberry Fields Subdivision, and Authorizing the Mayor to Execute the Agreement.

The agenda item was presented by City Engineer Gottiparthy.

Motion: M/S Vierra/Ingram to adopt Resolution No. 2006-48, approving the Final Subdivision Map and Subdivision Improvement Agreement for Strawberry Fields Subdivision and Authorizing the Mayor to sign the Agreement. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

6. Resolution 2006-49 to Adopt a Mitigated Negative Declaration and Approve Vesting Tentative Subdivision Map 2005-02 and Site Plan/Design Review 2006-02, and Introduce and Waive the First Reading of Ordinance No. 546, Approving Development Agreement 2006-01 for YCH Communities’ Somerset 2 Subdivision.

Motion: M/S Ingram/Espinoza to adopt Resolution No. 2006-49 approving a Mitigated Negative Declaration, Vesting Tentative Subdivision Map 2006-02 and Site Plan/Design Review 2006-02 and introduce and waive the first reading of Ordinance No. 546 approving Development Agreement 2006-01 for YCH Communities Somerset 2 Subdivision. The motion carried 3-2 by the following vote:

AYES: Council Members: Espinoza, Ingram, Friesen

NOES: Council Members: Soria, Vierra

ABSENT: Council Members: None

7. Authorize Replacement of 300-Gallon Garbage Cans with 90-Gallon Garbage Cans.

Motion: M/S Vierra/Ingram to authorize replacement of 300 gallon garbage cans with 90 gallon garbage cans. The motion carried 5-0.

8. Authorization to Prepare Architectural Drawings for City Hall Expansion, and Develop Floor Plans and Elevations for City Council Approval for New Fire Station, Recreation Center and Senior Citizen Center.

Motion: M/S Soria/Vierra to authorize the preparation of architectural drawings for City Hall Expansion, and develop floor plans and elevations for City Council approval for new Fire Station, Recreation Center and Senior Citizen Center. The motion carried by a vote of 3-2, with Council Members Espinoza and Ingram voting no.

10. Resolution Authorizing the City Clerk to Consent and to Accept Grant of Easement from the Winton Parkway Shopping Center for the Construction of a Traffic Signal at the Corner of Winton Parkway and “B” Street.

Motion: M/S Ingram/Vierra to adopt Resolution No. 2006-50, authorizing the City Clerk to consent and to accept Grant of Easement from Winton Parkway Shopping Center for the construction of a signal light at the corner of Winton Parkway and “B” Street. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

JULY 18, 2006

PUBLIC HEARINGS

  1. Resolution Adopting the Initial Study and Mitigated Negative Declaration for the Foster Farms Reclamation Fields Expansion Project.

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

Motion: M/S Soria/Vierra to adopt Resolution No. 2006-51, Adopting the Initial Study and Mitigated Negative Declaration for the Foster Farms Reclamation Fields Expansion Project. The motion failed to carry by the following vote:

AYES: Council Members: Soria, Vierra

NOES: Council Members: Espinoza, Ingram

ABSTAIN: Council Members: Friesen

ABSENT: Council Members: None

Mayor Friesen returned to the Council Chambers for the remainder of the meeting.

CONSENT CALENDAR

2. Waive the Second Reading and Adopt Ordinance No. 546 and Approve Development Agreement 2006-01 for YCH Communities’ Somerset 2 Subdivision.

This item was pulled from the agenda at the request of the Developer.

3. Minutes of City Council Meeting Held on July 5, 2006.

4. Approval of Warrant Register of July 10, 2006.

Motion: M/S Vierra/Soria to approve Items 3 and 4 on the consent calendar. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

5. Resolution Calling and Giving Notice of the Holding of a General Municipal Election to be Held on November 7, 2006, for the Submission to the Voters of Measures Relating to Mayoral Term and Transient Occupancy Tax, and Requesting Consolidation of this Election with Merced County.

Motion: M/S Ingram/Espinoza to adopt Resolution No. 2006-51, as amended to read that the Mayor’s term be either two or four years in order to clearly define the measure to the voters. The motion carried 3-2 by the following vote:

AYES: Council Members: Espinoza, Ingram, Friesen

NOES: Council Members: Soria, Vierra

ABSENT: Council Members: None

6. Urgency Ordinance Establishing a Moratorium on Outdoor Seating for Restaurants, Cafes, and Similar Uses.

Motion: M/S Vierra/Ingram to waive the first and second readings and adopt Urgency Ordinance No. 547, as amended by a 90-day moratorium. The motion carried 4-1 by the following vote:

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

NOES: Council Members: Espinoza

ABSENT: Council Members: None

7. Approval of Warrant No. 60229, True Value Hardware.

Motion: M/S Ingram/Vierra to approve Warrant No. 60229 to True Value Hardware. The motion carried 4-0-1, with Mayor Friesen abstaining due to a conflict of interest.

AUGUST 01, 2006

CLOSED SESSION ANNOUNCEMENTS

City Attorney Hallinan reported the Council voted 4-0 to indemnify (including punitive damages), and defend City Manager Richard Warne and Public Works Director Paul Creighton in Case Number: 1:06-CV-00931-OWW-DLB, United States District Court, Eastern District Court of California.

Due to a conflict of interest, Mayor Friesen left the Council Chambers and abstained during discussion on all matters pertaining to Foster Farms, Inc. Mayor Pro-Tem Vierra took over the meeting at 6:00 p.m.

PUBLIC HEARINGS

1. City of Livingston’s Community Development Block Grant (CDBG) Programs.

The agenda item was for information purposes only and no Council action was required.

2. Community Development Block Grant Program, CDBG Grant #03-EDBG-920 Annual Grantee Performance Report.

The agenda item required no action by the Council.

3. Resolution Adopting a Mitigated Negative Declaration and Approving Vesting Tentative Subdivision Map 2005-04, and Introduction and Waiving of the First Reading of an Ordinance Approving General Plan Map Amendment 2006-01, and Development Agreement 2006-02, for Del Valle Homes’ Bear River Crossing Subdivision.

Motion: M/S Soria/Ingram to adopt Resolution No. 2006-52, adopting a Mitigated Negative Declaration and Approving Vesting Tentative Subdivision Map 2005-04, and introducing and waiving the first reading of Ordinance No. 548, approving General Plan Amendment 2006-01 and Development Agreement 2006-02 for Del Valle Homes’ Bear River Crossing Subdivision. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

4. Resolution Approving Site Plan / Design Review 2005-09, for the Development of a Commercial Building and the Conversion of a Residence to an Office.

Motion: M/S Ingram/Espinoza to adopt Resolution No. 2006-53, as amended with added conditions, approving Site Plan Design Review 2005-09 for the development of a commercial building and the conversion of a residence to an office. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

5. Introduce and Waive the First Reading of an Ordinance Amending Sections 5-3-16, Lot Development Standards and Table 7, Lot Configurations, of Title 5, Chapter 3 of the Livingston Municipal Code, Regulating Minimum Lot Widths.

Motion: M/S Vierra/Ingram to introduce and waive the first reading of Ordinance No. 549, amending Sections 5-3-16, Lot Development Standards and Table 7, Lot Configurations, of Title 5, Chapter 3 of the Livingston Municipal Code, Regulating Minimum Lot Widths. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

The following consent agenda items were presented for the Council’s consideration:

6. Resolution No. 2006-54 Adopting the Initial Study and Mitigated Negative Declaration for the Foster Farms Reclamation Fields Expansion Project.

7. Minutes of City Council Meeting Held on July 18, 2006.

8. Approval of Warrant Register of July 24, 2006.

Mayor Friesen exited the Council Chambers and abstained from discussion on agenda Item #6 due to a conflict of interest.

Motion: M/S Ingram/Soria to approve the Consent Agenda as presented. The motion carried 4-0, with Mayor Friesen abstaining.

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Sikh Temple Request for Fee Waiver.

Council Member Espinoza recommended that the Temple be charged the fees that were in place in 2000 since the Temple lost their grant for funding due to the moratorium imposed by the State. The motion was seconded by Council Member Ingram, but failed to carry by a 2-3 vote, with Mayor Friesen, Mayor Pro-Tem Vierra and Council Member Soria voting no.

Mayor Friesen recommended that this matter be brought back to the Council at the next meeting and that staff present the amount of total fees that would be imposed for this project currently versus fees that would have been assessed in 2000.

10. Authorize Police Department to Purchase Equipment and Upgrade Police Communications System From 400mhz to County-Wide 800mhz System.

11. Authorize Police Department to Purchase Equipment and Install Mobile Digital Communications System at the Dispatch Center and in All Police Vehicles. .

12. Authorize Police Department to Purchase Equipment and Install In-Car Camera System in Police Vehicles.

Motion: M/S Ingram/Vierra to approve Items 10-12 as presented. The motion carried 5-0.

13. Introduce and Waive First Reading of An Ordinance of the City Council of the City of Livingston, California Adding Chapter 18 Entitled “Administrative Citations” to Title 1 of the Livingston Municipal Code Relating to Procedures for Issuing and Enforcing Administrative Citations.

Motion: M/S Vierra/Soria to introduce and waive the first reading of Ordinance No. 550, an Ordinance of the City Council of the City of Livingston, California Adding Chapter 18 Entitled “Administrative Citations” to Title 1 of the Livingston Municipal Code Relating to Procedures and Enforcing Administrative Citations. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

14. Introduce and Waive First Reading of An Ordinance of the City Council of the City of Livingston, California Adding Chapter 17 “Notice of Public Nuisance and Order to Abate” to Title 1 of the Livingston Municipal Code Relating to Notice and Order Provisions for Public Nuisances and Abatement.

Motion: M/S Vierra/Soria to introduce and waive the first reading of Ordinance No. 551, an Ordinance of the City Council of the City of Livingston, California Adding Chapter 17 “Notice of Public Nuisance and Order to Abate” to Title 1 of the Livingston Municipal Code Relating to Notice and Order Provisions for Public Nuisances and Abatement. The motion carried 3-2 by the following vote:

AYES: Council Members: Soria, Vierra, Friesen

NOES: Council Members: Espinoza, Ingram

ABSENT: Council Members: None

15. Introduce and Waive First Reading of an Ordinance of the City Council of the City of Livingston, California Revising the “General Penalties” Provisions Contained in Chapter 4 of Title 1 of the Livingston Municipal Code.

Motion: M/S Soria/Vierra to introduce and waive the first reading of Ordinance No. 552, an Ordinance of the City Council of the City of Livingston, California Adding Revising the “General Penalties” Provisions Contained in Chapter 4 of Title 1 of the Livingston Municipal Code. The motion carried 3-2 by the following vote:

AYES: Council Members: Soria, Vierra, Friesen

NOES: Council Members: Espinoza, Ingram

ABSENT: Council Members: None

16. Introduce and Waive First Reading of An Ordinance of the City Council of the City of Livingston, California Adding Chapter 19 Entitled “Attorneys’ Fees and Cost Recovery” for Enforcement Actions to Title 1 of the Livingston Municipal Code Relating to the Recovery of Enforcement.

Motion: M/S Soria/Vierra to introduce and waive the first reading of Ordinance No. 553,an Ordinance of the City Council of the City of Livingston, California Adding Chapter 19 Entitled “Attorneys’ Fees and Cost Recovery” for Enforcement Actions to Title 1 of the Livingston Municipal Code Relating to the Recovery of Enforcement. The motion carried 4-1 by the following vote:

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

NOES: Council Members: Espinoza

ABSENT: Council Members: None

17. Designation of Voting Delegate and Alternate for Annual League of California Cities Conference.

Motion: M/S Soria/Espinoza that Council Member Ingram be designated the voting delegate. The motion carried 5-0.

AUGUST 15, 2006

CHANGES TO AGENDA

City Manager Warne reported the City was contacted by a representative of the Sikh Temple asking that their item (Agenda Item No. 13) relating to waiver of fees be tabled.

It was moved by Council Member Ingram, seconded by Mayor Pro-Tem Vierra and carried 5-0 to add an urgency item to the agenda pertaining to a request from the Livingston Community Network to use Memorial Park for a Multicultural Festival on October 14th.

City Manager Warne noted that Council action is needed for park reservations with an attendance of 500 or more people.

CONSENT CALENDAR

Motion: M/S Vierra/Ingram to approve the following Consent Calendar items:

2. Resolution No. 2006-55, Authorizing the Application for an Enterprise Zone by the City of Livingston.

3. Adopt Resolution No. 2006-56 to Accept Improvements for the Little Guys and Gals Park and Alvernaz Park by Lockwood General Engineering, Inc., Directing the City Clerk to Record a Notice of Completion with Merced County, and Authorizing the City Manager to Release Performance and Materials Bonds and 10% Retention to Contractor.

4. Waive the Second Reading and Adopt Ordinance No. 548, and Approve a General Plan Map Amendment, Rezone, and Development Agreement 2006-02 for Del Valle Homes’ Bear River Crossing Subdivision.

5. Waive the Second Reading and Adopt Ordinance No. 549, Amending Sections 5-3-16, Lot Development Standards and Table 7, Lot Configurations, of Title 5, Chapter 3 of the Livingston Municipal Code, Regulating Minimum Lot Widths.

6. Waive the Second Reading and Adopt Ordinance No. 550, An Ordinance of the City Council of the City of Livingston, California Adding Chapter 18 Entitled “Administrative Citations” to Title 1 of the Livingston Municipal Code Relating to Procedures for Issuing and Enforcing Administrative Citations.

7. Waive the Second Reading and Adopt Ordinance No. 551, an Ordinance of the City Council of the City of Livingston, California Adding Chapter 17 “Notice of Public Nuisance and Order to Abate,” to Title 1 of the Livingston Municipal Code Relating to Notice and Order Provisions for Public Nuisances and Abatement.

8. Waive the Second Reading and Adopt Ordinance No. 552, an Ordinance of the City Council of the City of Livingston, California Revising the “General Penalties” Provisions as Contained in Chapter 4 of Title 1 of the Livingston Municipal Code.

9. Waive the Second Reading and Adopt Ordinance No. 553, an Ordinance of the City Council of the City of Livingston, California Adding Chapter 19 Entitled “Attorneys’ Fees and Cost Recovery” for Enforcement Actions to Title 1 of the Livingston Municipal Code Relating to the Recovery of Enforcement.

10. Denial of Claim for Damages from Dorothy and Alvin Burkland.

11. Minutes of City Council Meeting Held on August 1, 2006, as amended.

12. Approval of Warrant Register of August 8, 2006.

The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

13. Livingston Community Network’s Use of Memorial Park.

Motion: Ingram/Espinoza to approve a request from the Livingston Community Network to use Memorial Park for a Multicultural Festival on October 14, 2006, from 1:00 p.m. to 9:00 p.m. The motion carried 5-0.

Mayor Friesen commented that the park reservation form language in relation to the number of participants is not consistent with the Ordinance.

SEPTEMBER 05, 2006

CONSENT CALENDAR

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..

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.

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.

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..

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.

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..

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

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.

SEPTEMBER 19, 2006

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.

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.

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.

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:

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.

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.

OCTOBER 03, 2006

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).

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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

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.

OCTOBER 17, 2006

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 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.

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..

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.

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.

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.

NOVEMBER 17, 2006

DISCUSSION AND POTENTIAL ACTION ITEMS

Potential City Manager Contract Amendments.

Mayor Friesen said that the City Council gave Richard Warne a positive evaluation and has negotiated amendments to his contract that include:

1. The number of votes of the City Council needed to discharge the City Manager

changed from three Council Members to four Council Members.

2. There would be a cooling off period after an election for nine months during which the City Manager could not be terminated.

3. In the event of termination, the City Council would give the City Manager 90 days notice.

4. Severance pay would increase from six months to twelve months.

Council Member Ingram commented that Mr. Warne has done an excellent job as the City Manager and he had given Mr. Warne his word that he would not vote to get rid of him. He did not like the fact that this matter was brought to the Council now and questioned why wasn’t it brought to the Council six months ago?

After further discussion on the contract amendments, it was moved by Councilmember Soria, seconded by Mayor Pro-Tem Vierra to approve the amendments to the City Manager’s contract:

1. The number of votes of the City Council needed to discharge the City Manager changed from three Council Members to four Council Members.

2. There would be a cooling off period after an election for nine months during which the City Manager could not be terminated.

3. In the event of termination, the City Council would give the City Manager 90 days notice.

4. Severance pay would increase from six months to twelve months.

The motion carried 3-2 by the following vote:

AYES: Council Members: Vierra, Soria, Friesen

NOES: Council Members: Espinoza, Ingram

NOVEMBER 21, 2006

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

PUBLIC HEARINGS

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

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. (abstained?)

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.

DECEMBER 05, 2006

CLOSED SESSION ANNOUNCEMENTS

Mayor Samra said the City Council had negotiated and approved a Compromise Employment Agreement with the City Manager. He asked City Manager Warne to explain the contract amendments.

City Manager Warne gave the following summary of the contract changes:

1. The number of votes needed to discharge the City Manager is four (4) votes.

2. In accordance with State law, there would be a three (3) month cooling off period after an election or appointment of a City Council Member during which time the City Manager could not be terminated.

3. In the event of termination, the City Council would give the City Manager thirty (30) days notice.

4. Severance pay is twelve (12) months.

Mayor Samra thanked City Manager Warne for his willingness to work with the Council and come to an agreement on the contract changes.

Council Member Soria commented that it was a difficult decision; however, the Council and City Manager came to an agreement in an effort to move forward.

Mayor Pro-Tem Ingram commented that the contract changes are for the betterment of the community and he was happy with the outcome.

CHANGES TO THE AGENDA

Remove Warrant No. 61399 from the Consent Calendar because it was already placed on the regular agenda as Item No 11.

DEVIATION FROM AGENDA

Police Chief Eldridge spoke about Toys-for-Tots and the coat drive and noted the Department needs the schools’ help to identify students who are in need of coats.

PUBLIC HEARINGS

1. Resolution Approving Site Plan/Design Review 2006-05 for the Development of the Livingston Commons Shopping Center.

Motion: M/S Soria/Ingram to adopt Resolution No. 2006-84, as amended, approving Site Plan/Design Review 2006-05 for the Development of the Livingston Commons Shopping Center. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

RECESS

The Council took a short break before continuing with the meeting.

The meeting resumed at 9:42 p.m.

2. Resolution Approving Site Plan/Design Review 2006-07 for the Development of a Three-Unit Apartment Building at 730 Eighth Street.

Motion: M/S Ingram/Espinoza to adopt Resolution No. 2006-85, approving Site Plan/Design Review 2006-07 for the Development of a Three-Unit Apartment Building at 730 Eighth Street. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

2. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Adding Livingston Municipal Code (LMC) Section 5-4-9, Outdoor Dining Areas and Modifying LMC Section 5-7-2 Definitions, Outdoor Dining Areas, and Establishing a $75 Fee for Outdoor Dining Permits.

Motion: M/S Ingram/Samra to waive the first reading and introduce Ordinance No. 556, an Ordinance of the City Council of the City of Livingston Adding Livingston Municipal Code (LMC) Section 5-4-9, Outdoor Dining Areas and Modifying LMC Section 5-7-2, Definitions, Outdoor Dining Areas, and Establishing a $50 Fee for Outdoor Dining Permits. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

CONSENT CALENDAR

4. Resolution No. 2006-86 Accepting the Improvements for the Rehabilitation of Various Streets – 2006 Project (Project A and B); Directing the City Clerk to Record a Notice of Completion with Merced County; Authorizing the City Manager to Release Performance and Material Bonds and the 10% Retention to the Contractor; and Appropriating Additional Funding to Cover Costs of Additional Project Construction.

5. Approval of Minutes of City Council Meeting Held on November 17, 2006.

6. Approval of Minutes of City Council Meeting Held on November 21, 2006.

7. Approval of Warrant Register Dated November 29, 2006.

Motion: M/S Soria/Ingram to approve the consent calendar items with amendments to the Minutes of the Special Meeting of November 17, 2006, and the Regular Meeting of November 21, 2006. The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Resolution Approving Application and Contract Execution to Apply for Funding from Department of Water Resources (DWR) Agricultural & Urban Water Use Efficiency Grant (Proposition 50), and Authorizing the City Manager to Submit the Application and Act on the City’s Behalf for Matters Pertaining to this Application.

Motion: M/S Vierra/Ingram to adopt Resolution No. 2006-87, approving an application and contract execution to apply for funding from the Department of Water Resources (DWR) Agricultural & Urban Water Use Efficiency Grant (Proposition 50), and authorizing the City Manager to submit the application and act on the City’s behalf for matters pertaining to this application. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

9. Award of Bid – Memorial Park Improvements.

Motion: M/S Ingram/Soria to adopt Resolution No. 2006-88, awarding the bid for the Memorial Park Improvements Project to Lockwood General Engineering, Inc. and authorizing the City Manager to enter into an agreement with Lockwood General Engineering, Inc. The motion carried 5-0 by the following vote:

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

NOES: Council Members: None

ABSENT: Council Members: None

10. City Council Guidance on AB 1234 Ethics Training.

11. Discussion of Legal Expenses – Warrant No. 61399.

Councilmember Espinoza did not agree with the payment of legal fees because he felt he was not properly informed of the retention of the legal firm.

Council Member Ingram made a motion to pay the legal fees. The motion was seconded by Mayor Samra and carried 4-1-0, with Council Member Espinoza voting no.

DECEMBER 14, 2006

MEETING PURPOSE

The purpose of the meeting was to hold a workshop for AB 1234 Ethics Training which was conducted by City Attorney Hallinan.

DECEMBER 19, 2006

CONSENT CALENDAR

The following items were considered by the Council under the Consent Calendar:

2. Waive the Second Reading and Adopt Ordinance No. 556, an Ordinance of the City Council of the City of Livingston Adding Livingston Municipal Code (LMC) Section 5-4-9, Outdoor Dining Areas and Modifying LMC Section 5-7-2, Definitions, Outdoor Dining Areas, and Establishing a $50 Fee for Outdoor Dining Permits.

3. California Department of Parks and Recreation Roberti-Z’berg-Harris Grant Contract for the Court Theater Project.

4. City Manager’s Employment Agreement.

5. Resolution No. 2006-89, Approving a Partial Assignment / Assumption Agreement and an Estoppel Certificate Pursuant to article XI C of the December 1, 1997 Gallo Development Agreement for the Development of the Livingston Commons Shopping Center.

6. Resolution No. 2006-90, Approving an Agreement with Carollo Engineers to Update the 2000 Urban Water Management Plan.

7. Reappointment of Marge McFadden to the Merced County Mosquito Abatement District Board of Trustees.

8. Approval of Minutes of City Council Meeting Held on December 5, 2006.

9. Approval of Warrant Register Dated December 12, 2006.

Motion: Ingram/Soria to approve the Consent Calendar items as presented. The motion carried 4-0-1.

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Resolution Approving an Application and Contract Execution for Funding from the Safe Routes to Schools Program for the Year 2007, and Authorizing the City Manager to Submit the Application and Act on the City’s Behalf for Matters Pertaining to this Application.

Motion: M/S Ingram/Soria to adopt Resolution No. 2006-91, approving an application and contract execution for funding from the Safe Routes to School Program for the Year 2007, and authorizing the City Manager to submit the application and act on the City’s behalf for matters pertaining to this application. The motion carried 4-0-1 by the following vote:

AYES: Council Members: Espinoza, Ingram, Samra, Soria

NOES: Council Members: None

ABSENT: Council Members: Vierra

11. Discussion and Potential City Council Guidance for Detention Basin at the Corner of Peach Avenue and Amaretto Way.

Motion: M/S Ingram/Samra to have the City Engineer investigate the feasibility of converting the detention basin into a park. The motion carried 4-0-1.

12. Discussion and Potential City Council Guidance for Installation of Curb, Gutter, Sidewalk and Street Lights on Front Street to Vintage West Apartments.

Motion: M/S Soria/Espinoza to proceed with installation of curb, gutter, sidewalks and lighting on Front Street to Vintage West Apartments. Council Member Soria amended his motion to direct staff to look for the Ordinance that was in place in the past. The motion was seconded by Council Member Espinoza and carried 4-0-1.

13. Discussion and Potential City Council Guidance for Installation of Lights at Lucero Park.

……..Mike Torres stated that Foster Farms was supposed to build a new park to replace Swan Park.

Motion: Ingram/Soria to proceed with the installation of lighting at Lucero Park.

The motion carried 4-0-1.

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18 thoughts on “How They Voted in 2006

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