February 21, 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/Time: February 21, 2006 – 5:30 P.M.

ROLL CALL Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

CLOSED SESSIONS

Mayor Friesen opened the meeting at 5:49 p.m.

The Council went into Closed Session at 5:50 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: 5

2. PUBLIC EMPLOYMENT

(Pursuant to Government Code Section 54957)

Title: City Manager & City Attorney

The Closed Session ended at 6:57 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:58 p.m.

REGULAR MEETING

Mayor Friesen opened the meeting at 7:07 p.m.

WELCOME

Mayor Friesen welcomed those in attendance.

PLEDGE OF ALLEGIANCE

The pledge of allegiance was led by Mike Torres.

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

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

STAFF REPORTS

City Clerk – Martha Nateras

· Nothing to report.

City Treasurer – Antonio Silva

· Nothing to report.

City Attorney – Tom Hallinan

· Will be attending a Code of Ethics meeting with City Clerk, Martha Nateras, in Ceres on March 17th.

City Engineer – Nanda Gottiparthy

· Nothing to report.

Interim City Manager – Vickie Lewis

· Thanked the Council for giving her the opportunity to serve the community. She noted it was a pleasure working as Interim City Manager and meeting many nice people.

· Commented on a letter from a concerned citizen regarding non-union City employees taking City vehicles home. She explained the cost savings of having an employee take home a vehicle versus paying overtime or call-out pay and elaborated further on this issue.

Public Works Director – Paul Creighton

· The Fire Department roof has been completed.

Police Chief – Bill Eldridge

· New Police Officer, Richard Silva, will be sworn in on March 1st.

Recreation Superintendent – Jacquie Benoit

· Basketball program is going well.

· Baseball signups also going well; 80 signup applications have been received.

Council Member Ingram asked why there hasn’t been any Recreation meetings held recently.

Recreation Superintendent Benoit explained there have been no meetings held due to a lack of agenda items.

Community Development Director – Donna Kenney

· In reference to the Master Plan and the MEIR, noted she will be scheduling a meeting soon.

· Diann Benafield was appointed Chair of the Livingston Planning Commission at the Regular Commission meeting of February 14th.

Building Official – Rex Wyatt

· Nothing to report.

Fire Chief – Mikel Martin

· Gave a lengthy report and distributed a handout to the Council concerning increased staffing levels within the Merced County Fire Department and City of Livingston. Chief Martin outlined a plan to increase staffing incrementally to 2.0 over a five year period. As part of this plan the incorporated cities in the County, including Livingston, would be expected to enter into an agreement with the County to pay for the second person on the engine to provide 2.0 staffing. The cost for the second person on the engine is approximately $140,000 per year, inclusive of wages and benefits.

COUNCIL REPORTS

Council Member – Roy Soria

· Has been approached about placing a stop sign at “I” Street and Prusso Street.

· Commented that Arakelian Park looks beautiful.

· Noted that the Little Guys field is coming along.

Council Member – Rodrigo Espinoza

· Suggested that a basketball court be added to Arakelian Park.

Council Member – William Ingram

· There was new turf put in at Arakelian Park and it looks very nice.

· Has been re-approaching Water World to build in Livingston. Company representatives have been talking to Mike Gallo and Senator Denham and if they build in Livingston they will employ around twelve hundred people. The project is still in the works.

Mayor Pro-Tem – Frank Vierra

· Alvernaz Field has been through some new changes, as well as the Sports Complex.

· Expressed concern about Jimenez car lot having six foot fencing which leaves no room for landscaping. He asked Donna Kenney to look in to the matter

· A representative from the Great Valley Center in Modesto will be the guest speaker at the February 28th CAC meeting and he encouraged those present at the meeting to attend.

· The CVD League of California Cities will have a board meeting on March 8th.

· Asked for preparation of a Resolution on road and infrastructure improvements being completed before models on all future developments are opened. Requested that a Resolution be placed on the next Council agenda for consideration.

Mayor – Brandon Friesen

· The League of Cities is asking to close the loop hole to pay taxes for the road. Will be voting on this issue in November.

· County tipping fees will be going up by 29 percent.

· Arakelian Park lighting needs to be improved and he has talked to Donna Kenney about rearranging the lighting.

Regarding the addition of another fire fighter, Council Member Ingram asked Mayor Friesen if this could go under County Treasurer, Prop. 172.

MERCED COUNTY SUPERVISORS

3. Supervisor John Pedrozo – District 1

Mr. Pedrozo was absent. Chris Bowers, Supervisor Pedrozo’s Assistant, was present and commented on the following:

· Thanked everyone who attended the Town Hall meeting in Livingston.

· Asked if there were any questions that he could relay to Supervisor Pedrozo.

4. Supervisor Deidre Kelsey – District 4

· Absent.

PUBLIC COMMENTS

Peggy Gibson, 2221 Johannesburg:

· Expressed a strong concern about cars racing down her street as well as on Olds Avenue.

· Noted that a resident at 1118 Hammatt has a yard sale every weekend and asked if there was an ordinance prohibiting a resident from having too many yard sales.

· Also voiced concern about abandoned cars on Hammatt Avenue.

Dennis Wells, 1159 Second Street:

· Commented that it was nice to hear about the appearance of Arakelian Park, but asked about the lack of restrooms at Lucero Park.

· Has a concern about the garbage trucks not doing a good job in picking up the garbage. He suggested that when the garbage contract is renegotiated, the City talk to the company about the holes the trucks are making in the alleys.

Mike Torres, 1616 Eighth Street:

  • Concerned about the dark rusty water coming out at residences at Seventh and Eighth Streets yesterday and today.

A representative from Ranchwood Homes:

  • Thanked the Council and gave an update on the Ranchwood Homes development. Spoke to the people who presented concerns at the Town Hall meeting and has spoken with company workers about the Alvernaz property. Has marked the area where they are not supposed to be parking. Will be meeting with Mr. Alvernaz in the near future.
  • Wants to make clear that the Ranchwood project is a project that will benefit the City of Livingston. Ranchwood has followed all the guidelines and is willing to make everything right.

PRESENTATIONS

· None.

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.

City Engineer Gottiparthy presented the agenda item relative to approval of the Final Map and Subdivision Improvement Agreement for Country Villas 4, a residential subdivision located on Walnut and Dwight Avenue.

Mike Lutz, representing Dunmore Homes, was present to answer questions and address concerns from the Council.

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.

City Engineer Gottiparthy presented the agenda item relating to a grant deed for dedication of right-of-way from APN 047-045-016 (Livingston Crossroads Retail Center) to provide for 134 feet of street section of Winton Parkway and 110 feet of street section of “B” Street from Tim Bettencourt, et al.

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

Recreation Superintendent Benoit presented the agenda item and requested that Council approve a budget transfer in the sum of $12,578.10 from one Recreation account to other Recreation accounts to be used for various items pertaining to the Recreation Department.

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

Police Chief Eldridge presented the agenda item and requested that Council approve the purchase of a 2006 Ford Ranger pick-up for use by the Police Department and Department volunteers for community services patrol and special programs. Discussion followed.

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.

ADJOURNMENT

The meeting was adjourned by consensus at 9:12 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: March 7, 2006

__________________________

Mayor or Mayor ProTempore

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