February 07, 2006

MEETING MINUTES

City Council of the City of Livingston

Closed Session – 5:30 P.M.

Regularly Scheduled Meeting – 7:00 P.M.

Location of Meeting: City Hall Conference Room

1416 “C” Street

Date: February 7, 2006

ROLL CALL Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

CLOSED SESSION

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

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

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

{Pursuant to Government Code Section 54956.9(b)}

Number of Cases: 6

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

{Pursuant to Government Code Section 54956.9(a)}

Name of Case: Maria Madrid

WCAB Case Number: FRE 0198195 & FRE 0198196

3. PUBLIC EMPLOYMENT

(Pursuant to Government Code Section 54957)

Title: City Manager

OPEN SESSION

The Council came out of Closed Session at 6:51 p.m. and continued the Closed Session to the end of the Regular Meeting.

REGULAR MEETING

Mayor Friesen opened the meeting at 7:02 p.m.

WELCOME

Mayor Friesen welcomed those in attendance.

PLEDGE OF ALLEGIANCE

The pledge of allegiance was recited.

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

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.

STAFF REPORTS

City Clerk – Martha Nateras

· Has sworn in three City employees since the last Council meeting; Nora Becerra, Public Assistant; Maria Arevalo from part-time Dispatcher to full-time Dispatcher; and Jesus Chavez, part-time Mechanic to full-time Mechanic.

City Treasurer – Antonio Silva

· Nothing to report.

City Attorney – Tom Hallinan

· Nothing to report.

City Engineer – Nanda Gottiparthy

· Nothing to report.

Interim City Manager – Vickie Lewis

· Gave her reports in Closed Session.

· Reported on the forthcoming transportation audit and annual City audit.

Public Works Director – Paul Creighton

· Nothing to report.

Police Chief – Bill Eldridge

· Training is taking place for the recently hired positions.

· Interviews and background checks being conducted for police officers/dispatchers.

Recreation Superintendent – Jacquie Benoit

· It appears there will be a great adult baseball season.

· Everything in her department is running smoothly.

Community Development Director – Donna Kenney

· Has received six applications for the new assistant planner’s position and interviews will take place soon.

Building Official – Rex Wyatt

· Subway will be opening the first week in April

EMS – Dan Manchester

· Both EMS drivers now have a Class B license.

Fire Chief – Mikel Martin

· Absent.

COUNCIL REPORTS

Council Member Roy Soria

· Complimented Public Works Director Creighton for the great work that has been done with the landscaping at City Hall.

Council Member Rodrigo Espinoza

· Nothing to report.

Council Member William Ingram

· Nothing to report.

Mayor Pro-Tem Frank Vierra

· The CAC will be submitting a tree and shrub proposal to the Council. He asked Donna Kenney to expedite the proposal.

· The Livingston Medical Clinic is moving forward in seeking a new location for a new clinic. Clinic staff is working very closely with L.U.S.D. Superintendent, Henry Escobar, for the purchase of property.

Mayor Brandon Friesen

· Read a letter from the Department of Toxic Substance Control regarding toxic waste.

MERCED COUNTY SUPERVISORS

4. Supervisor John Pedrozo – District 1

Supervisor Pedrozo was absent; however, his Assistant Chris Bowers reported the following:

· A Town Hall Meeting will be held February 16th in the Livingston Recreation Center, at 6:30 p.m. Notices have been published in the Merced Sun-Star and announced on the radio. Meetings held in Le Grand and Planada were well attended and Supervisor Pedrozo was very pleased with the turnout.

· The Light House Subdivision is behind schedule and he doesn’t see it being developed soon.

· Regarding the food both inspector, Mr. Pedrozo spoke with Jeff Palsgaard and invited him to attend the Town Hall Meeting in Livingston to answer questions and address concerns.

Mayor Pro-Tem Vierra recommended that the meeting notice be placed in the Livingston Chronicle as well.

5. Supervisor Deidre Kelsey – District 4

· Absent.

PUBLIC COMMENTS

Joe Orosco, 1401 Swan Street, addressed the Council on the following matters:

· Concerned about barricades parked in front of his house. The family does not have much room to park their cars.

· Has noticed that it is very dark in his area and there is no lighting. He has witnessed pedestrians almost getting hit by cars.

· He and his family have awoken to the sound of gun fire around 5:00 a.m. and he thinks the gun fire is coming from the shooting range. He asked if there was a time frame of when the shooting range is used.

In reference to the barricades, Chief Eldridge said the Police Department had them out in case of the Foster Farms strike and he assured Mr. Orosco that they would be removed.

Frank Durjava, 14517 W. Peach Avenue, stated that at the corner of “B” Street and Robin there is a post that blocks the view and causes vehicles to swerve way out into the road.

Mayor Friesen asked Director of Public Works Creighton why the post was installed.

Mr. Creighton explained why the post was installed in that manner,

Dr. Manjit Nagi, 922 “J” Street, asked that a survey be conducted of all residences to determine how many residents rent out their garages.

Dr. Nagi also asked why there is no lighting at Arakelian Park, pointing out that he has observed many young people in the park late at night.

Mayor Friesen explained that the issue of the rental of garages was discussed at a recent workshop to bring attention to this type of situation.

PRESENTATIONS

6. Police Chief Eldridge gave a power point presentation and an annual report for the Livingston Police Department for 2005.

CONSENT CALENDAR (Items 7-9)

The following items were presented for Council consideration under the consent calendar:

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.

Note: Meeting Minutes reflect a summary of specific actions/recommendations taken by the City Council only. They do not reflect any dialogue leading up to the action. All meetings are tape-recorded. Tape recorded verbatim Minutes are available, upon request, and may be obtained at Livingston City Hall at the City’s cost to reproduce the tape recording(s).

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

The agenda item was presented by City Engineer Gottiparthy.

Mayor Friesen opened the Public Hearing at 8:04 p.m., and subsequently closed the Public Hearing at 8:05 p.m., as there were no comments from the public.

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

Amber St. Clair, Grant Analyst for the Merced County Association of Governments, presented the agenda item and answered questions.

Mayor Friesen asked about the 25 applicants. For future reference he would like to know why the applicants were dined.

Council Member Espinoza asked if the City was going to reapply for this grant?

Interim City Manager Lewis said this would be solely at the discretion of the Council.

Mayor Friesen opend the Public Hearing at 8:09 p.m. and subsequently closed the Public Hearing at 8:10 p.m., there being no public comments.

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

ADMINISTRATIVE MATTERS (Items 12-17)

11. Planning Commission Appointment

On January 19th, the Council interviewed candidates who had expressed interest in serving on the Livingston Planning Commission. A vacancy had occurred when the term of Commissioner David Blevins expired on December 31, 2005.

Mayor Pro-Tem abstained from participation and voting on this item as he was not present for the interviews.

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

Interim City Manager Lewis presented the agenda item and explained that Section 53646 (a) of the California Government Code requires that the Investment Policy be rendered to and considered by the City Council annually.

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

The agenda item was presented by Community Development Director Kenney and Building Official Wyatt who relayed that Lionakis Beaumont Design Group, Inc. was selected to provide an architectural design for a new City Council Chambers and minor revisions to the existing City Hall structure. These plans were completed, but not implemented. As the City and its staff grow, so does the need for a larger Council Chambers and more office space. A revised scope of services is proposed to add interior remodel work to the original plans.

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.

Mayor Friesen proposed, and the Council concurred, that a workshop be held within the next month for website presentations. Mayor Friesen suggested that all department heads be present as he would like to have input as to what they would like to see on the website.

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

This item was placed on the agenda at the request of Council Member Soria who suggested that discussion be held in regards to changing Winton Parkway to Livingston Parkway and combining Emerald Drive and Briarwood to one common name and changing the name to Winton Avenue.

Russ Winton, 1144 Second Street, complimented the Council on their public service and noted that public service is one of the most honorable things to do. He stated that when he served as Mayor there were tough times including having the new highway come in.

Mr. Winton added that the Historical Society had asked the Council to select names for the area now known as Winton Parkway. He noted the Winton name did not come about because of him, but for his family members who served the City as Council Member, Mayor and City Clerk for many years.

Mr. Winton commented that when the Council selected the name Winton Parkway, it was a tremendious honor and he would like to see the name remain. Additionally, he noted, the Council needs to consider that there are costs involved to change maps, streets signs, etc.

Councilmembers Espinoza and Ingram questioned Mr. Winton regarding the history behind the names Hammatt and Sultana.

Mr. Winton gave a brief history on the name Hammatt and pointed out that the Hammatt’s were a very prestigious family who lived in Livingston for many years. He didn’t know anything about the name Sultana.

Dr. Nagi, corrected Council Member Soria about Winton Parkway not being located near Highway 99. He stated that naming Winton Parkway was in no way done as a favor to Russ Winton, it was the choice of the Historical Society and Mr. Winton did not vote on this issue. Dr. Nagi remembered this well because he was there when the choice was made. He added that he would like for Livingston to keep the honor and the prestige as the name really was chosen for the Winton family who the City for many years as Mayor, Councilmember and City Clerk.

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

CLOSED SESSION (CONT’D.)

The Council went back into Closed Session at 9:39 p.m.

The Closed Session ended at 10:50 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 10:51 p.m.

REPORT OUT OF CLOSED SESSION

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

ADJOURNMENT

The meeting was adjourned at 10:51 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: February 21, 2006

_________________________

Mayor or Mayor ProTempore

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