January 17, 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 17, 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 SESSION

Mayor Friesen opened the meeting at 5:34 p.m.

The Council went into Closed Session at 5:35 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 6:55 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:56 p.m.

REGULAR MEETING

Mayor Friesen opened the meeting at 7:01 p.m.

WELCOME

Mayor Friesen welcomed those in attendance.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL Mayor Brandon Friesen

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

REPORT OUT OF CLOSED SESSION

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

STAFF REPORTS

City Clerk – Martha Nateras

· Nothing to report.

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

· In the process of completing two small audits and will be moving on to the annual audit that will not be completed until June.

Public Works Director – Paul Creighton

· Completed mistletoe project.

· Christmas tree pickup went well

· Backhoe will arrive on January 19th.

Chief of Police – Bill Eldridge

· Recommended that the part-time mechanic’s position be moved up to full-time to assist Dan Folkner. Commented on how the City is growing and how there is a need for this position to be full time. Also mentioned that there has never been a police car down at anytime due to Mr. Folkner’s efficiency.

· Reported on the Diversity Awareness Workshop that was held January 17th at 12:30 p.m. Everything went well. A Hispanic Awareness Workshop will be held on February 17th at the Police Department.

· Received ten applications for police officer; he is hoping to hire two officers.

· Preparing to swear in the two new positions that were recently filled, Administrative Assistant and Public Assistant, as well as a full time Dispatcher.

Recreation Superintendent – Jacquie Benoit

· Nothing to report.

Community Development Director – Donna Kenney

· Thanked the public for attending the workshops held last week. She noted there was a lot of input received.

· Received six applications for the Assistant Planner’s position.

Building Official – Rex Wyatt

· Absent.

Fire Chief – Mikel Martin

· Absent.

COUNCIL REPORTS

Council Member Soria

· Complimented Public Works Director Creighton for the good job his employee is doing sweeping streets and asked him to pass this compliment on to the employee.

Council Member Espinoza

· Nothing to report.

Council Member Ingram

· Nothing to report.

Mayor Pro-Tem Vierra

· Questioned tipping fees for the county landfill and noted that Jim Marshall, Merced’s City Manager has some major concerns.

· Commented on the January 23rd exclusionary housing workshop and noted the workshop is for affordable housing and the public is invited to attend.

· Stated he is very impressed with Public Works employee, Jim Rightsell. He read a letter that was sent to Mr. Rightsell by Pirus Abraham, a long time resident of Livingston, who was also very impressed with Mr. Rightsell. Councilmember Vierra feels that an employee needs to know when he is complimented for his work.

· Asked Chief Eldridge about a map he picked up at the Police Department. He would like this map be available at the front desk of City Hall. Chief Eldridge noted the map was put together by the Fire Department.

Mayor Friesen

· Asked when the Recreation Department office will be completed for occupancy.

· Explained what tipping fees are and the different fees charged. Will report more on this subject after the next MCAG Board meeting.

Reported on the workshop that was held on January 12th (RV parking, etc.) and said he has a good feeling on the outcome. He noted there were some key issues addressed regarding people living in RV’s and in garages and commented that action needs to be taken. Thanked Ms. Kenney and her department for putting the workshop together.

MERCED COUNTY SUPERVISORS

3. Supervisor John Pedrozo – District 1

  • Gave Council Member Vierra a report on his meeting with the representatives of the Lighthouse Subdivision.
  • Last week he sat on the San Joaquin High Speed Railroad Committee where they talked about bringing back the San Joaquin train, not Amtrak which is different.
  • Dairy waste in controlling the meth gas.
  • Reported on the Yellow Route.
  • The County has allocated money for him to hire an assistant. Introduced Chris Bower who is his assistant and will be attending Council meetings whenever Mr. Pedrozo cannot attend.
  • Starting the Town Hall meetings with the following schedule: January 18th meeting will be held in South Merced; January 26th in Planada; February 9th in Le Grand; and February. 16th, in Livingston, at 6:30 p.m., Livingston Recreation Center. He requested that Chief Eldridge be in attendance and welcomed the public to attend.

Mayor Friesen questioned Supervisor Pedrozo about the County food inspector coming down hard on food operators at the City’s July 4th celebration.

4. Supervisor Deidre Kelsey – District 4

· Absent.

PUBLIC COMMENTS

Antonietta Bernal, Chairperson for the Livingston Red Ribbon Committee, presented a trophy to the City that was awarded to the Committee by Merced County for being the “Most Spirited” in the County of Merced.

Dr. Manjit Nagi, 922 “J” Street, expressed concern about City employees not feeling appreciated by the Council. He stated that when he was a City public official he inspired, trusted and gave employees and he recommended that the Council do the same.

Mike Torres, 1616 Eighth Street, commented he was requested by some female residents to ask the Council why there aren’t any restrooms at Lucero Park. He noted it is an inconvenience for the ladies when they take their walks and there are no restrooms available.

PRESENTATIONS

Chief Eldridge presented Toni Arredondo with the “Presidents Call to Service Award” for her hard work and dedication to the Toys for Tots project. He added that Ms. Arredondo has been an exemplinary resident who has accumulated 4000 hours of volunteer work.

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)

8. 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

The agenda item was presented by Chief Eldridge.

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)

Chief Eldridge and Brenda Geary presented the agenda item. A representative from CYRUN Software System was present to answer questions.

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

The agenda item was presented by Interim City Manager Lewis.

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.

Public Works Director Creighton presented the agenda item.

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

The agenda item was presented by Sally Gomez, Grant Administrator for RM Associates..

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

ADJOURNMENT

The meeting was adjourned by consensus at 8:45 p.m.

_____________________________

City Clerk of the City of Livingston

APPROVED: February 7, 2006

_________________________

Mayor or Mayor ProTempore

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