FEBRUARY 20, 2007

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

FEBRUARY 20, 2007

A Closed Session/Regular Meeting of the Livingston City Council was held on February 20, 2007, in the City Council Chambers with Mayor Samra presiding.

CLOSED SESSION

CALL TO ORDER

Mayor Samra called the meeting to order at 5:32 p.m 

ROLL CALL

    Mayor Gurpal Samra

    Mayor Pro-Tem William Ingram

    Council Member Frank Vierra (excused absence)

    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.

The Closed Session ended at 7:04 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 7:05 p.m.

REGULAR MEETING 

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

PLEDGE OF ALLEGIANCE

The pledge of allegiance was recited.

ROLL CALL

    Mayor Gurpal Samra

    Mayor Pro-Tem William Ingram

    Council Member Frank Vierra (excused absence)

    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

Mayor Pro Tem Ingram asked that Item #2, Appointments to Citizens’ Advisory Committee (CAC), be pulled.  He noted there has been some concern expressed by citizens about combining Recreation and CAC.  Council directed staff to proceed with recruitment of Recreation Commission members and that the two groups not be merged as previously instructed.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS 

1.      Proclamation – Portuguese Immigrant Week.

      On behalf of the City, Mayor Samra presented a Proclamation to Debbie Parrott representing the Portuguese Immigrant Week Steering Committee.

2.      Appointments to Citizens’ Advisory Committee.  

      This item was tabled until the next regular meeting.

3.      Police Department Annual Report.

Chief Eldridge provided an overview of the Police Department. The Chief discussed the highlights of the report including crime statistics, staffing levels, and programs.  In addition he described sources for collecting data.  A question and answer period followed.

Several members of the public, as well as the City Manager and members of the Council commended Chief Eldridge on the fine job he does.

Chief Eldridge thanked the community and his staff.                                                                     

ANNOUNCEMENTS AND REPORTS

      Supervisor John Pedrozo Announcements and Reports.

      Supervisor Pedrozo’s Assistant, Nick Dawidczik, was in attendance. He thanked everyone on behalf of Supervisor Pedrozo for the participation at the Town Hall meeting recently held. Mr. Dawidczik reported that Supervisor Pedrozo will be attending a Rail Commission meeting March 2 in Washington DC and will be out of town for the next Council meeting.

City Council Members’ Announcements and Reports 

Council Member Soria reported that he thought the recent Town Hall meeting was successful, but would have liked to have more people in attendance.  He expressed thanks to Supervisor Pedrozo for coordinating the meeting.  Lastly, Council Member Soria expressed condolences to the Gallo family on the passing of Joseph Gallo.

Council Member Espinoza requested a status report on the progress of the General Plan Update.  City Manager reported that staff has been holding meetings with the consultant to expedite the process and had explained to the consultant the urgency of the completion. Council Member Espinoza asked that a report be added to the agenda for an update on the progress.

Mayor Pro Tem Ingram also expressed concern over the delay in completion of the General Plan Update.  He noted he has been in contact with the Gallo family and sent condolences on behalf of the City.

Mayor Samra asked that representative from PMC be present at the next meeting to provide a progress report on the General Plan Update

RECESS

A short recess was taken at 8:19 p.m.  The meeting resumed at 8:23 p.m.

CITIZEN COMMENTS

Rosa Gomez, 1401 Swan Street, stated she was a member of the Recreation Commission and would like to remain on the Commission and not have the Commission merge with the CAC. 

Rick Amerson, 3349 Lincoln Blvd., spoke about promoting sporting and youth programs for kids.  He noted that he believes sporting activities would lessen crime activity for youth.   Mr. Amerson suggested staff look at how to discount fees for families with multiple children.  He also expressed support for hiring additional Recreation staff.         

Denis Wells, 1459 Second Street, commented there should be a facility in the City to hold fundraisers to assist in raising money in the community for youth programs. 

Joe Orozco, 1526 Swan Street, supported promoting sports programs for kids, pointing out the community is without activities for youths.

Warren Urnberg, 1331 Eighth Street, asked for the status of water lines.  The City Manager noted the project was sent out to bid and the bids were rejected and staff is currently in the process of re-bidding.  Mr. Urnberg questioned what the plan is to handle trash in the alley. The City Manager noted that this situation is difficult to address unless the parties are observed putting the trash there, however, when the City is contacted Public works will be sent out to clean up trash.

Mike Torres, 1616 Eighth Street, requested clarification on tabling the CAC and Recreation Commission appointments. In addition, he commented there are pot holes on B Street across from the Post Office.  

CONSENT CALENDAR

It was moved by Mayor Pro-Tem Ingram that the Minutes of February 6, 2007 be corrected under Awards and Presentations.  The correction should read Council Member Espinoza (not Council Member Vierra) to approve the appointment of Martin Silva on the Planning Commission.  The motion was seconded by Mayor Pro-Tem Ingram and carried 3-2-0 with Council Members Soria and Vierra voting no.

Motion: M/S Ingram/Espinoza to approve the Consent Calendar with the amendment to the Minutes of February 6, 2007.  The motion carried 4-0-1.

4.      Approval of Minutes of City Council Meeting Held on February 6, 2007.

5.      Approval of Warrant Register Dated February 12, 2007.

DISCUSSION AND POTENTIAL ACTION ITEMS       

      6.   Discussion of Park Facility Rental Fees.

Mayor Samra discussed concerns brought forward from citizens regarding the fees for park rentals.  Mayor Pro Tem Ingram noted the fee structure was designed to apply to only those individuals who wish to have exclusive use of an area.  Several citizens spoke opposing the amount of fees charged for park usage, while others felt a fee was justified, however, the fees were too high.

Motion:  M/S Espinoza/Ingram to reduce the usage fees for Class 3 to $30 from $75.

            The motion carried 4-0-1.

      7.   Staff Direction Regarding Ordinance Amendment to Permit Air Conditioning Units on Residential Roof Tops.

Staff commented there are concerns about the current policy calling for all new units to be placed on the ground.


Motion:  M/S Espinoza/Soria to refer this matter to the Planning Commission, but to exclude existing housing with roof top units.  The motion carried 4-0-1.

8.      City Manager Announcements and Reports.

None

ADJOURNMENT

The meeting was adjourned by consensus at 10:01 p.m

                                                                        ______________________________                      

 City Clerk of the City of Livingston

APPROVED:  March 6, 2007

_________________________

 Mayor or Mayor ProTempore

 

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