DECEMBER 19, 2006

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

DECEMBER 19, 2006

A Regular Meeting of the Livingston City Council was held on December 19, 2006, in the City Council Chambers with Mayor Samra presiding.

CLOSED SESSION

Mayor Samra opened the meeting at 5:30 p.m.

ROLL CALL

Mayor Gurpal Samra

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

The Council went into Closed Session at 5:31 p.m. to discuss the following matters:

1. Conference with Legal Counsel: Existing Litigation—Government Code Section 54956.9(a). Foster Poultry Farms, Inc. v. City of Livingston, Merced County Superior Case No. 149443.

2. Conference with Legal Counsel: Existing Litigation—Government Code Section 54956.9(a). City of Livingston v. Foster Poultry Farms, Inc., Merced County Superior Court Case No. 149647.

3. Conference with Legal Counsel: Existing Litigation—Government Code Section 54956.9(a). Foster Poultry Farms, Inc. v. Richard Warne & Paul Creighton, United States District Court, Eastern District Court of California: 1:06-CV-00931-OWW-DLB.

4. Conference with Legal Counsel—Anticipated Litigation. Significant Exposure to Litigation. Government Code 54956.9(b). 3 Cases.

The Closed Session ended at approximately 6:48 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:49 p.m.

REGULAR MEETING

CALL TO ORDER

The meeting was called to order by Mayor Samra at 7:01 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance was recited.

ROLL CALL

Mayor Gurpal Samra

Mayor Pro-Tem Frank Vierra

Council Member William Ingram

Council Member Rodrigo Espinoza

Council Member Roy Soria

CLOSED SESSION ANNOUNCEMENTS

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

CHANGES TO THE AGENDA.

None.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Public Works employee, Tony Avina, was given recognition for being certified as a Back Flow Operator by the American Water Works Association.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

· Commented he was glad to be present at the meeting tonight as he has been busy with the Riverside Motorsports Park project.

· Relayed that he looks forward to serving as Board Chairman which is effective January 9, 2007.

· Referred to employees from Merced County Mental Health being laid off and said the employees will be moved to another department and no one is losing their job.

· Expressed concern that people are questioning his absence at City Council meetings. He noted he has been busy with the race track issue; however, his assistant is present and people can call him directly if they need assistance.

· Wished everyone happy holidays.

City Council Members’ Announcements and Reports.

Councilmember Soria

• Commented that he has been approached by the principal of Campus Park School regarding the cafeteria being too small (the school has outgrown the facility) and if the City could work with the school to obtain a portable facility for the after school program. He asked that this item be placed on the City’s list of projects. City Manager Warne will contact the school principal to discuss this matter.

Councilmember Espinoza

• Wished everyone happy holidays.

Mayor Pro-Tem Ingram

• Relayed that he will be working with the League of California Cities by serving on a State committee pertaining to city staff relations with the City Council.

Mayor’s Announcements and Reports.

Mayor Samra

• Stated that in conversations with other Council Members, it is very important to attend the MCAG Board meetings, therefore, he said Mayor Pro-Tem Ingram will serve as the Board alternate in his absence.
• Announced that due to the holidays, there will be no meeting the first Tuesday of January; the next meeting is scheduled for January 16, 2007.

PUBLIC HEARINGS

None.

CITIZEN COMMENTS

Mohani Thiara addressed the Council about an article in the newspaper regarding the Sikh Temple Community Center and requested the Council investigate parking and traffic concerns.

She stated the facility will be used for weddings and there will be alcohol and loud music on the premises. Mrs. Hara asked why neighboring residents were not notified at the time the Community Center was built.

Mike Torres, 1616 Eighth Street, once again expressed concern and questioned the status of the RV Ordinance. He commented the previous mayor indicated the Council would move forward with adoption of an Ordinance.

Mr. Torres also brought up the lack of fencing at a house moved in on Second Street and safety issues at the intersection of Prusso and Peach Avenue.

Mayor Samra replied that he wants to meet with Mr. Torres after the first of the year to discuss the intersection issue.

On behalf of his mother, Maria Maldonado, Jose Maldonado, 856 Fifth Street, addressed the Council about neighborhood flooding at “F” and Fifth Street due to substandard street drains. He added that damage to their home occurred two years ago and now the structure appears ready to cave in.

Mayor Samra addressed Mr. Maldonado and relayed that City Manager Warne would contact him to investigate the situation.

Martin Silva, 1516 E Street, thanked Supervisor Pedrozo for being present tonight and noted he was one of the citizens that talked to him about not being present at City Council meetings. He pointed out that Supervisor Pedrozo and not his assistant was elected to serve the citizens of his district.

Mr. Silva also addressed the Council about the City Manager’s employment agreement and the 4-1 majority vote needed to terminate the City Manager. He stated he has never seen this type of contract in any other city.

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.

The agenda item was presented by City Engineer Gottiparthy.

Mike Torres asked about lighting for the project.

City Engineer Gottiparthy explained there was no plans for lighting. He added he had not looked into including lighting, but would do so if directed.

Mayor Samra favored the project, but desired that lighting be included. He asked about the cost of lighting.

City Engineer Gottiparthy explained that depending on field conditions the cost could be anywhere from $2,000 to $3,000. As an example, he added that the total cost of adding a new utility pole could be somewhere in the area of $5,000 to $7,000.

Council Member Soria commented there is a need for a survey to determine where lighting is needed.

Tony Silva noted that he has not seen any in-ground crossing lights; he has noticed them in other cities, but not here.

Police Chief Eldridge noted there is one crossing light on “F” Street and Briarwood and recommended that if lighting is required that amber flashing lights be added on both sides of the street.

Warren Urnberg, 1331 Eighth Street, asked who is responsible for the lack of lighting at the freeway overpass sidewalks and noted the area is very dark at night.

Chief Eldridge explained the highway belongs to Caltrans and there are proper procedures to follow regarding lighting.

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.

The agenda item was presented by City Engineer Gottiparthy.

Council Member Espinoza commented that there is no parking around the site.

City Manager Warne proposes to move forward with the issue of converting the detention basin into a park.

Council Member Soria commented that if the City was going to construct a park, it should not be a “piece meal” project.

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.

The agenda item was presented by Council Member Soria who explained there is no lighting in that area and the area is very dark at night for residents that occupy the 55 residences at the complex.

Mayor Pro-Tem Ingram concurred and stated this is definitely not a safe area, especially when it’s foggy.

Martin Silva asked who owns the houses.

Mayor Samra questioned if Redevelopment Agency monies could be used.

In relation to sidewalks, Mike Torres commented that in the past the City would obtain three bids and present them to the home owners for contractor selection. He added there used to be a system in place and questioned what happened to the Ordinance.

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.

Mayor Pro-Tem Ingram presented the agenda item, pointing out there is no lighting and no restrooms for people who use the park.

Mayor Pro-Tem Ingram directed staff to obtain lot line boundaries to determine if the park is being encroached upon by the adjoining house.

In a similar matter, 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.

14. City Manager Announcements and Reports.

No comments.

ADJOURNMENT

The meeting was adjourned by consensus at 8:22 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: January 16, 2007

_________________________

Mayor or Mayor ProTempore