January 03, 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: January 3, 2006 – 7:00 P.M.

CLOSED SESSION

Mayor Friesen opened the meeting at 5:32 p.m.

ROLL CALL Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza (Absent)

Council Member Roy Soria.

The Council went into Closed Session at 5:33 p.m. to discuss the following matters:

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

{Pursuant to Government Code Section 54956.9(a)}

Number of Cases: 4

2. PUBLIC EMPLOYMENT

(Pursuant to Government Code Section 54957)

Title: City Manager

The Closed Session ended at 6:20 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:21 p.m.

REGULAR MEETING

Mayor Friesen opened the meeting at 7:06 p.m.

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza (Absent)

Council Member Roy Soria

WELCOME

Mayor Friesen welcomed everyone in attendance.

PLEDGE OF ALLEGIANCE

The pledge of allegiance was recited.

REPORT OUT OF CLOSED SESSION

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

STAFF REPORTS

City Clerk

· Nothing to report

City Treasurer

· Absent

Building Official

· Absent

City Attorney

· Nothing to report

City Engineer

· Safe Routes to School Grant project almost complete.

Fire – Tom Wells

· Fire Chief, Gary Marshall, has retired as of January 1, 2006; his replacement is Mikel Martin.

· Asked the Public Works Director for an update on the Fire Department roof repairs.

Planning

· A joint meeting of the City Council/Planning Commission will be held at City Hall on January 9th, at 7:00 p.m., to discuss and receive input regarding possible environmental impacts associated with the release of a Notice of Preparation for the Master Environmental Impact Report (MEIR).

· A joint City Council/Planning Commission workshop will be held on January 12th, at 7:00 p.m., in the Livingston Middle School cafeteria to discuss updating the Zoning Code to include language for appropriate RV and boat parking locations, temporary carport setbacks and cyclone fencing in residential front yards.

Police

· Police Officer interviews will be conducted on January 6th.

· Backgrounds are currently taking place for the replacement of two Dispatchers.

The Police Department experienced a relatively quite New Year with only two drunk driving arrests.

· Commended Public Works employee, Fernando Ramirez, and recommended he be given a pat on the back for his efforts and positive attitude when called out recently for assistance recently.

· The Department is in the process of filling the positions of Administrative Assistant and Public Assistant.

Public Works

· Public Works experienced a few problems with the recent rain storm.

· Wanted to reward Fernando Ramirez with one day off with pay for his hard work and efforts during the holidays.

Recreation

· Basketball opening day will be held January 7th at Livingston High School, 10:00 a.m.

Interim City Manager

· Nothing to report

COUNCIL REPORTS

Council Member Espinoza

· Absent

Council Member Ingram

· Commended Public Works personnel for their hard work during the rainy weather.

Council Member Soria

· Also commended Public Works employees for their efforts during the rainy weather.

Mayor Pro-Tem Vierra

· There is a problem with the heating and lighting at the museum

· Asked staff if they are bringing back ordinances to the Council on massage and tattoo parlors.

· Wants to be put on record that he is not in favor of the Lighthouse Subdivision on Livingston- Cressey. He reminded Council that a Sphere of Influence was created to protect the farmers and Supervisor Pedrozo is aware of his stand on this matter.

Mayor Friesen

· Nothing to report

MERCED COUNTY SUPERVISOR

3. Supervisor John Pedrozo – District 1

· Absent

PUBLIC COMMENTS

Dennis Wells, 1159 Second Street, commented on renaming of a City street and said he would like to see the City recognize all veterans and not signal out only one. Lengthy discussion followed.

Mayor Pro-Tem Vierra pointed out that the Citizens Advisory Committee is working on a resolution for Council consideration that would recognize all veterans.

PRESENTATIONS

Police Chief Eldridge presented the President’s Volunteer Service Award to Dan Shambaugh, Tarloshin Sohal, Dennis Brusenski, Ralph Gomez, Marge McFadden, Brenda Geary, Nora Becerra, Dean Eldridge, Deana Cabrera, Joseph Parrera, and John Mucci.

He also gave special recognition to Martha Nateras and Frank Vierra for their support towards the annual “Toy for Tots” program.

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.

RECESS

The Council took a short recess at 8:05 p.m. The meeting resumed at 8:11 p.m.

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

Recreation Superintendent Benoit presented the agenda item pertaining to the establishment of a Fee Policy for use of the covered patio areas, including the stage, at Memorial Park and Arakelian Park, the Livingston Sports Complex and increasing the minimum time of usage for the Livingston Recreation Center to 12 hours.

Mayor Friesen opened the Public Hearing at 8:11 p.m. and closed the Public Hearing at 8:26 p.m.

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)

Community Development Director Kenney presented the agenda item regarding approval of Site Plan/Design Review 2005-07 for Country Villas 4, a residential subdivision located on the east side of Dwight Avenue and the south side of

Walnut Avenue, directly south of Country Villas 3 Subdivision. The proposed development consists of 97 lots on approximately 22.1 acres. The Developer of the Subdivision is Dunmore Homes. Design Review of the elevations and floor plans is a Condition of Approval of the Tentative Map.

Mayor Friesen opened the Public Hearing at 8:36 p.m. and closed the Public Hearing at 8:39 p.m.

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

City Engineer Gottiparthy presented the agenda item relating to approval of an Inspection Improvement Agreement with Lafferty Livingston, LLC for La Tierra n (formerly La Estrada) Subdivision, a 77 lot residential subdivision located on “F” Street and Robin Avenue.

The Inspection Improvement Agreement will allow the Subdivider to jump-start the construction of infrastructure improvements ahead of the approval of the Final Map.

Under the provisions of the Inspection Improvement Agreement, the Subdivider will construct the public improvements at his own risk and responsibility prior to approval and recordation of the Final Map.

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

City Engineer Gottiparthy presented the agenda item pertaining to a proposed street name change within Liberty Square Residential Subdivision.

The Livingston Post Office recommended the street name change because the name Amaretto Court conflicts with an existing street name within the City limits.

Mr. Gottiparthy noted the City has decided to change the street name from Amaretto Court to Karina Lau Court in remembrance of 20 year old Army PFC Karina S. Lau, a resident of Livingston, who was one of 16 soldiers killed in Iraq.

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.

ADJOURNMENT

The meeting was adjourned by consensus at 8:56 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: January 17, 2006

_________________________

Mayor or Mayor ProTempore

– 7:00 P.M.

CLOSED SESSION

Mayor Friesen opened the meeting at 5:32 p.m.

ROLL CALL Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria.

The Council went into Closed Session at 5:33 p.m. to discuss the following matters:

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

{Pursuant to Government Code Section 54956.9(a)}

Number of Cases: 4

2. PUBLIC EMPLOYMENT

(Pursuant to Government Code Section 54957)

Title: City Manager

The Closed Session ended at 6:20 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:21 p.m.

REGULAR MEETING

Mayor Friesen opened the meeting at 7:06 p.m.

ROLL CALL

Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

WELCOME

Mayor Friesen welcomed everyone in attendance.

PLEDGE OF ALLEGIANCE

The pledge of allegiance was recited.

REPORT OUT OF CLOSED SESSION

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

STAFF REPORTS

City Clerk

· Nothing to report

City Treasurer

· Absent

Building Official

· Absent

City Attorney

· Nothing to report

City Engineer

· Safe Routes to School Grant project almost complete.

Fire – Tom Wells

· Fire Chief, Gary Marshall, has retired as of January 1, 2006; his replacement is Mikel Martin.

· Asked the Public Works Director for an update on the Fire Department roof repairs.

Planning

· A joint meeting of the City Council/Planning Commission will be held at City Hall on January 9th, at 7:00 p.m., to discuss and receive input regarding possible environmental impacts associated with the release of a Notice of Preparation for the Master Environmental Impact Report (MEIR).

· A joint City Council/Planning Commission workshop will be held on January 12th, at 7:00 p.m., in the Livingston Middle School cafeteria to discuss updating the Zoning Code to include language for appropriate RV and boat parking locations, temporary carport setbacks and cyclone fencing in residential front yards.

Police

· Police Officer interviews will be conducted on January 6th.

· Backgrounds are currently taking place for the replacement of two Dispatchers.

The Police Department experienced a relatively quite New Year with only two drunk driving arrests.

· Commended Public Works employee, Fernando Ramirez, and recommended he be given a pat on the back for his efforts and positive attitude when called out recently for assistance recently.

· The Department is in the process of filling the positions of Administrative Assistant and

Public Assistant.

Public Works

· Public Works experienced a few problems with the recent rain storm.

· Wanted to reward Fernando Ramirez with one day off with pay for his hard work and

efforts during the holidays.

Recreation

· Basketball opening day will be held January 7th at Livingston High School, 10:00 a.m.

Interim City Manager

· Nothing to report

COUNCIL REPORTS

Council Member Espinoza

· Absent

Council Member Ingram

· Commended Public Works personnel for their hard work during the rainy weather.

Council Member Soria

· Also commended Public Works employees for their efforts during the rainy weather.

Mayor Pro-Tem Vierra

· There is a problem with the heating and lighting at the museum

· Asked staff if they are bringing back ordinances to the Council on massage and tattoo parlors.

· Wants to be put on record that he is not in favor of the Lighthouse Subdivision on Livingston- Cressey. He reminded Council that a Sphere of Influence was created to protect the farmers and Supervisor Pedrozo is aware of his stand on this matter.

Mayor Friesen

· Nothing to report

MERCED COUNTY SUPERVISOR

3. Supervisor John Pedrozo – District 1

· Absent

PUBLIC COMMENTS

Dennis Wells, 1159 Second Street, commented on renaming of a City street and said he would like to see the City recognize all veterans and not signal out only one. Lengthy discussion followed.

Mayor Pro-Tem Vierra pointed out that the Citizens Advisory Committee is working on a resolution for Council consideration that would recognize all veterans.

PRESENTATIONS

Police Chief Eldridge presented the President’s Volunteer Service Award to Dan Shambaugh, Tarloshin Sohal, Dennis Brusenski, Ralph Gomez, Marge McFadden, Brenda Geary, Nora Becerra, Dean Eldridge, Deana Cabrera, Joseph Parrera, and John Mucci.

He also gave special recognition to Martha Nateras and Frank Vierra for their support towards the annual “Toy for Tots” program.

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.

RECESS

The Council took a short recess at 8:05 p.m. The meeting resumed at 8:11 p.m.

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

Recreation Superintendent Benoit presented the agenda item pertaining to the establishment of a Fee Policy for use of the covered patio areas, including the stage, at Memorial Park and Arakelian Park, the Livingston Sports Complex and increasing the minimum time of usage for the Livingston Recreation Center to 12 hours.

Mayor Friesen opened the Public Hearing at 8:11 p.m. and closed the Public Hearing at 8:26 p.m.

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)

Community Development Director Kenney presented the agenda item regarding approval of Site Plan/Design Review 2005-07 for Country Villas 4, a residential subdivision located on the east side of Dwight Avenue and the south side of

Walnut Avenue, directly south of Country Villas 3 Subdivision. The proposed development consists of 97 lots on approximately 22.1 acres. The Developer of the Subdivision is Dunmore Homes. Design Review of the elevations and floor plans is a Condition of Approval of the Tentative Map.

Mayor Friesen opened the Public Hearing at 8:36 p.m. and closed the Public Hearing at 8:39 p.m.

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

City Engineer Gottiparthy presented the agenda item relating to approval of an Inspection Improvement Agreement with Lafferty Livingston, LLC for La Tierra n (formerly La Estrada) Subdivision, a 77 lot residential subdivision located on “F” Street and Robin Avenue.

The Inspection Improvement Agreement will allow the Subdivider to jump-start the construction of infrastructure improvements ahead of the approval of the Final Map.

Under the provisions of the Inspection Improvement Agreement, the Subdivider will construct the public improvements at his own risk and responsibility prior to approval and recordation of the Final Map.

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

City Engineer Gottiparthy presented the agenda item pertaining to a proposed street name change within Liberty Square Residential Subdivision.

The Livingston Post Office recommended the street name change because the name Amaretto Court conflicts with an existing street name within the City limits.

Mr. Gottiparthy noted the City has decided to change the street name from Amaretto Court to Karina Lau Court in remembrance of 20 year old Army PFC Karina S. Lau, a resident of Livingston, who was one of 16 soldiers killed in Iraq.

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.

ADJOURNMENT

The meeting was adjourned by consensus at 8:56 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: January 17, 2006

_________________________

Mayor or Mayor ProTempore

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