APRIL 03, 2007

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

APRIL 3, 2007

A Closed Session/Regular Meeting of the Livingston City Council was held in the City Council Chambers on April 3, 2007, with Mayor Samra presiding.

CLOSED SESSION

The meeting was called to order at 5:32 p.m 

ROLL CALL

    Mayor Gurpal Samra

    Mayor Pro-Tem William Ingram

    Council Member Frank Vierra

    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: 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.

     5. Conference with Real Property Negotiator—Government Code Section 54956.8.

Property:  Parcel 047-310-023 and 047-310-024.

Agency Negotiator:  City Manager Richard N. Warne and City Attorney Tom Hallinan.   

      6.   Conference with Real Property Negotiator—Government Code Section 54956.8.

            Property:  Parcel  047-310-021 and 047-310-022.

            Agency Negotiator:  City Manager Richard N. Warne and City Attorney Tom Hallinan.

7.      Conference with Real Property Negotiator—Government Code Section 54956.8.

Property:  Parcel 024-114-003.

Agency Negotiator:  City Manager Richard N. Warne and City Attorney Tom Hallinan.

8.      Conference with Labor Negotiator—Government Code Section 54957.6.

Agency Negotiator:  City Manager, Richard N. Warne.

Employee Organization:  Livingston Police Officers’ Association.

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  

CALL TO ORDER   

Mayor Samra opened the meeting at 7:11 p.m. 

PLEDGE OF ALLEGIANCE 

The pledge of allegiance to the flag was recited.  

CLOSED SESSION ANNOUNCEMENTS.  

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

CHANGES TO THE AGENDA.

No changes 

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS  

1.   Certificates of Recognition – Livingston High School Men and Lady Cross-Country Track Teams and Girls Basketball Team.

Mayor Samra presented Coach Dean Anderson and the LHS Cross-Country Track Team participants with a Certificate of Recognition for winning the Western Athletic Conference Championship.

Mayor Samra also presented a Certificate of Recognition to Coach Luciana Naldi on behalf of the LHS ladies basketball team for winning the Western Athletic Conference Championship.                                                                  

ANNOUNCEMENTS AND REPORTS

      Supervisor John Pedrozo Announcements and Reports.

      Gave the following reports:

·         Was in Washington D.C. at the time of the last Council meeting.

·         Made a visit to Sacramento where some of the issues addressed were

overcrowded jails and mental health funding.

·         Spoke with a concerned citizen regarding truck stop traffic.

City Council Members’ Announcements and Reports.

Councilmember Soria

·         No reports.

Council Member Vierra

·         Reported that the Citizens’ Advisory Committee had raised some concerns about the possibility of Shelby School opening up as a continuation school called Valley High. He commented that he would like for someone to come to speak to Council about this matter.

Mayor Samra asked staff to contact Lee Anderson and request that he come to a meeting and address the Council on this issue.        

            Council Member Espinoza.

·         Stated he was pleased to see the Public Works signs on B Street.

Mayor Pro-Tem Ingram.

·         Expressed safety concerns regarding the change at Shelby School.  He also clarified that the school is not in the City’s existing sphere of influence

Mayor’s Announcements and Reports.

·         No reports.                                 

CITIZEN COMMENTS

Peggy Gipson, 2265 Johannisburg Drive, commented that she attended the last meeting and was embarrassed for the Council because of the length of the meeting which was over four hours long.  She suggested that the Mayor obtain a copy of Roberts Rules of Order in order to educate himself on how to conduct a meeting.  Ms. Gipson also commented that she spoke to one of the Council Members, who she wished not to name, about why he voted for Martin Silva to be on the Planning Commission.  She said the Council Member had commented that he wasn’t going to let the other two Council Members get their way.  Ms. Gipson further commented that the Council needs to stop their lies and their pettiness because the people will hold the Council accountable for their actions. 

Wayne Koehn, representing the Livingston Union School District, thanked the Council for the installation of sidewalks on Prusso Street adjacent to Selma Herndon School.

Mike Torres, 1616 Eighth Street, relayed that he had talked to Father Harvey Fonseca of St. Jude’s Church and Father Fonseca had indicated that he did not want to renew the lease for the Valley High Continuation School. 

Irma Avalos, 1310 Hammatt Avenue, stated that she had presented a petition to the Council last October objecting to a red painted curb by her stop sign and that nothing had been done as yet.

Dwight Benafield, 1330Queen way, wanted to discuss the Court Theater Project, but was asked to wait until this item was considered later in the meeting.

PUBLIC HEARINGS

      2.   City of Livingston Draft Circulation/Traffic Master Plan.    

Ken Anderson, representing KD Anderson and Associates, gave another presentation on the Draft Circulation/Traffic Master Plan.

        Mayor Samra opened the Public Hearing at 7:25 p.m.

Brandon Friesen, 909 Opal Court, speaking on behalf of the Hunter over crossing commented that while the Council needs to think about how the Master Plan affects the residents, the City needs to plan for the future including setting aside land for roads.

Mike Torres asked where the money for the project was coming from, the City or Caltrans.

Mayor Samra explained that the Council will still have to decide on how the City is going to pay for the projects and presently the City could not afford the rights-of-way.

            Mr. Torres commented that a traffic problem on Hammatt already exists.       

Pirus Abraham, 11466 W. Peach Avenue, addressed the Hunter Road overpass and commented that this is a road that goes no where.  On the South, he noted, the road does not connect to Peach, Magnolia, Longview and Westside, therefore, to put an overpass on Hunter it would have to go to Campbell and what purpose would this serve.  Mr. Abraham commented on traffic and asked when this traffic is going to take place.  He said it sounds as if the project is going to be very expensive and the millions of dollars it is going to cost could be put to better use. 

Mayor Samra closed the Public Hearing at 7:53 p.m., as there were no further comments from the public.

Council Member Vierra stated the City needs to look to the future as the City may need the Hunter Road overcrossing and its roads 10 to 20 years from now.  He added the City needs to approve this study and plan for the future.

Council Member Espinoza commented that he talked to a resident that will be affected by the change and she wants to sell her house because after changes are made no one will buy it.  He felt the City should be responsible and buy her house.

Council Member Soria commented that this plan may not take place today or tomorrow, but it will happen.  He added that even if it’s not Hunter Road there should be a site.  Council Member Soria noted that he would like to see an overcrossing on Stefani Street, F Street connected to Sultana, and Hammatt Avenue widened.

Mayor Pro-Tem Ingram agreed that Hunter Road is a dead end and was disturbed by the widening of Hammatt, but agreed it was necessary.  Lengthy discussion followed.

Mayor Samra agreed with Council Member Espinoza that there will be many residents affected by this change. He felt the Hunter Road overcrossing should be removed from the plan and once the plan is approved the City should buy houses as they come up for sale.  Mayor Samra also agreed with Council Member Soria about F Street.

Council Member Espinoza felt that maybe the Council should take another look at the plan in five years to make sure the City is going in the right direction.

Council Member Soria commented that if the Hunter Road overcrossing is removed from the plan the Council should look at another location.

The Council asked Mr. Anderson about the possibility of modifying or changing the project by removing the Hunter Road overcrossing, expanding Hammatt and connecting F Street to Sultana.

Mr. Anderson commented that he told City Manager Warne that if the City added Cressey it would take two weeks.

 Mayor Pro-Tem Ingram introduced a motion to direct Mr. Anderson to remove the Hunter Road overcrossing from the plan and move the overpass to Cressey Road. The motion died due to lack of a second.

City Manager Warne pointed out that the residents on Cressey have not been notified.

Mayor Samra made a motion to adopt Resolution No. 2007-12 adopting the Draft Circulation Master Plan with the removal of the Hunter Road overpass.  The motion was seconded by Mayor Pro-Tem Ingram and carried 4-1-0 by the following vote:

AYES:                        Council Members:       Espinoza, Ingram, Samra, Soria

NOES:                        Council Members:       Vierra

ABSENT:       Council Members:       None

3.      Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Approving Annexation and Prezone 2005-04 and Adopting by Resolution a Negative Declaration for the Blueberry Crossing Commercial Project.

The agenda item was presented by Community Development Director Kenney.

Mayor Samra opened and subsequently closed the Public Hearing at 8:23 p.m. as there were no public comments.

            The majority of the Council had positive comments about the project.

Motion:  M/S Ingram/Soria to introduce and waive the first reading of Ordinance No. 558, an Ordinance of the City Council of the City of Livingston Approving Annexation and Prezoning 2005-04, and Adopting by Resolution No. 2007-13 the Initial Study and a Negative Declaration for the Blueberry Crossing Commercial Project.  The motion carried 5-0 by the following vote:

            AYES:                        Council Members:       Espinoza, Ingram, Samra, Soria, Vierra

NOES:                        Council Members:       None

ABSENT:       Council Members:       None   

CONSENT CALENDAR

Council Member Espinoza asked that Item No. 10 be pulled for discussion.

Council Member Vierra asked that Item No. 8 be pulled for discussion.

Motion:  M/S Espinoza/Soria to approve the following Consent Calendar items with the exception of Items 8 and 10.  The motion carried 5-0.        

    4. Approval of Minutes of City Council Meeting Held on March 20, 2007.

5.      Approval of Warrant Register Dated March 27, 2007.

6.      Resolution No. 2007-14 Initiating Proceedings Under the Landscape and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code, et seq., Declaring the City’s Intention to Levy and Collect Assessments Within the City’s Landscape and Lighting Assessment District for Fiscal Year 2007-2008, Approval of the Annual Engineer’s Report, and Setting a Time and Place for a Public Hearing.

7.      Resolution No. 2007-15 Initiating Proceedings Under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq., Declaring the City’s Intention to Levy and Collect Assessments Within the City’s Benefit Assessment Districts for Fiscal Year 2007-2008, Approval of the Annual Engineer’s Report, and Setting a Time and Place for a Public Hearing.

 

8.      Resolution 2007-16 Approving Final Subdivision Map and Subdivision Improvement Agreement for Parkside at Livingston Unit No. 2, Authorizing the Mayor to Execute the Agreement and the City Manager to Execute and Record Quitclaim Deed for Strip of Land Adjacent to the Park Site, and Waive the Requirement for Dedication of Access Easement on the Adjacent Property to Lot “C” Shown on the Final Map for Parkside at Livingston Unit No. 1.

9.      Resolution 2007-17 Authorizing the City Manager to Accept Dedication of Hammatt Avenue Right-of-Way on Behalf of the City Council and Record Grant Deed with the County Recorder’s Office for Liberty Square Residential Subdivision, Livingston Country Lane, L.P.

10.  Declaration of Surplus Property Items – Public Works Department.

11.  Denial of Claim from Arthur Demayo.

12.  Denial of Claim from Elvira Marin.

In reference to Item 8, Parkside 2, Council Member Vierra asked City Engineer Gottiparthy if the easement was the same as previously discussed that led to the well.

City Engineer Gottiparthy provided an explanation about the easement.

Council Member Espinoza asked about Item 10. 

Public Works Director Creighton noted these were equipment items that were no longer usable by the Public Works Department due to the age or condition of the equipment.

Council Member Espinoza commented he thought a decision had been made previously to sell all surplus items at the Modesto Auction.

Director Creighton stated the equipment would be taken to the Modesto Auction for sale.

Motion:  M/S Espinoza/Soria to approve Items No. 8 and No. 10 as presented. The motion carried 5-0.

The Council subsequently directed the City Manager to amend the section of the Municipal Code dealing with surplus property so that all items will be taken and sold at auction.

DISCUSSION AND POTENTIAL ACTION ITEMS

 

                              13. Approval of Floor Plans and Elevations for Court Theater and Authorization to Prepare Architectural Drawings.         

                                    Dwight Benafield, Chairperson for the Court Theater Committee, encouraged the Council to move forward with this project.  He commented the Committee has conducted several fund raisers, the most recent the Wine and Cheese Affair that he deemed successful.        

                                    Mr. Benafield referred to the architectural drawings for the proposed project and relayed that at the Wine and Cheese fund raiser, the community had selected Plan No. 4.

                                    Mike Torres asked where the parking for the project will be located.

                                    City Manager Warne commented there has been discussion with County Bank and the

                                    Church of Christ regarding parking, but it is too early to comment because there is no agreement.

                                    Warren Urnberg, 1331 Eighth Street, asked how many people voted on the selected plan.

                                    Mr.Benafield replied about 100 people plus.

                                    Mayor Samra clarified that no matter what plan the people favored, the Council would make the final decision.                                  

                                    Council Member Soria commented the City is looking into a parking garage and could assure that before the project gets built, the parking issue will be addressed.

                                    Council Member Espinoza confessed that he was against this project, but over time he has come to realize that this is a positive addition to the community.

                                    Further discussion followed.

                                    Motion:  M/S Ingram/Soria to approve floor plans and elevations for Plan No. 4. The motion carried 5-0.     

14.  Approval of Warrant No. 62251 to Direct Towing.

Motion:  M/S Ingram/Soria to approve Warrant No. 62251 to Direct Towing. The motion carried 4-0-1, with Council Member Espinoza abstaining.

 

15. City Manager Announcements and Reports.

No reports or announcements.

ADJOURNMENT

The meeting was adjourned by consensus at 9:16 p.m.

 

                                                                                   _______________________________

 City Clerk of the City of Livingston

APPROVED:  April 17, 2007

________________________

 Mayor or Mayor ProTempore

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