JANUARY 16, 2007

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JANUARY 16, 2007

The Livingston City Council held a Closed Session/Regular Meeting in the City Council Chambers on January 16, 2007.

CLOSED SESSION

Mayor Samra opened the meeting at 5:30 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 5:31 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.

  1. 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.

The Closed Session ended at 6:57 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:58 p.m.

REGULAR MEETING

CALL TO ORDER

Mayor Samra called the meeting to order at 7:06 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.      Presentation to Marge McFadden.

Mayor Samra presented Marge McFadden with a plaque in appreciation for her many years of service on the Livingston Planning Commission.

On behalf of the Planning Commission, Diann Benafield, Commission Chair, also presented Mrs. McFadden with a plaque for her service on the Commission.     

      2.   Appointment of Planning Commissioner.

            The Council continued this item to the next regular meeting.

3.      Appointment of Citizens’ Advisory Committee Members.

Council Member Vierra explained that nine applications for membership were received.  The Council subsequently made the following Committee appointments: Patricia Backers, Maria Berber, Kaye Greeley, Linda Wright, Ronald Krause, Jean Okuye, Kathy Hunter-Kirihara, Peggy Gibson and Denis Wells.

In an effort to have a full membership, Council Member Vierra made a motion to advertise the two remaining seats on the Committee for two additional weeks.  The motion was seconded by Council Member Soria and carried 5-0

4.   Presentation of Volunteer Support for Toys for Tots Program.

Police Chief Eldridge presented plaques to Council Member Vierra and the Key Club, and Hispanic Leadership Council from Livingston High School for their assistance with the Toys for Tots Program.                      

        Chief Eldridge also gave Mayor Samra an award for helping raise funds for toys and coats.

ANNOUNCEMENTS AND REPORTS

      Supervisor John Pedrozo Announcements and Reports.

·         Wished everyone a Happy New Year.

·         Announced he has been appointed Chair of the Board of Supervisors.

·         Announced his appointment as Co-Chair of the San Joaquin Valley High Speed Rail Transit System.

·         Created a County Facility Reuse Committee with emphasis on construction of a new jail.

·         Commented he will be at the Merced Boys and Girls Club for a Town Hall meeting on January 18th at 6:00 p.m.  He stated he is proposing a date of February 15th for a Town Hall meeting in Livingston.

City Manager Warne suggested including Town Hall meeting dates in City utility bills and will contact Supervisor Pedrozo’s office for a meeting schedule.

City Council Members’ Announcements and Reports.

Council Member Vierra

·         Reported the Key Club collected $1,200 for Toys-for-Tots.

·         Kudos to Public Works for the Prusso Street sidewalks.

Council Member Espinoza

·         Expressed concern that property owners of non-conforming residential property in commercial zoning districts have difficulty refinancing their properties due to the City Zoning Code prohibiting the rebuilding of these structures if destroyed more than 50%.

It was the consensus of the Council to direct staff to bring this item to the Planning Commission in March for discussion and action.

Council Member Soria

·         Commended Public Works for the excellent job of installing sidewalks.

Mayor Pro-Tem Ingram

·         Thanked Public Works for sidewalk installation.

·         Appointed the Mayor’s alternate on the League of California Cities Mayors’ Council.

·         Met with former State Lt. Governor, Cruz Bustamante, to discuss concerns regarding financing of freeway ramp expansions. 

·         Spoke with Rolle Smith, head of Housing and Urban Development (HUD) for this area, about low income housing. Information received was given to City Manager Warne so that he can contact Mr. Smith about giving a presentation to the Council.

Mayor’s Announcements and Reports.

Mayor Samra

·         Brought forth an idea of a Washington Blvd. bridge that would cross from the Domestic Wastewater Treatment Plant to County land on the other side of the Merced River.

CITIZEN COMMENTS

Ramon Avila, 1021 Patzer Street, made the following comments:

·         Best wishes to Marge McFadden; hopes she will continue to be involved with the Youth Accountability Board.

·         Supported changing the Non-Conforming Structures Ordinance.

·         Thanked Public Works for installing sidewalks, especially in front of the Community Center.

·         Announced that the Annual Knights of Columbus Free Throw is scheduled for February 28th at the LHS gym and that volunteers are needed to assist with the event.

Mohani Thiara read and presented a petition signed by neighbors of the Sikh Temple on Peach Avenue voicing opposition to the construction of the Sikh Temple Community Center. The petition contained various issues of concern, including drunken driving traffic, loud music, depreciation of their homes, fights, violence and shootings, increase in traffic flow due to the number of attendees at events, and shortage of parking spaces.

Jose Maldonado, 2754 Colleen Court, stated he was concerned with the construction of the Community Center in his neighborhood and was present to represent some of his neighbors who could not attend the meeting.  He addressed concerns of why the City should not grant permission for the Community Center to be constructed.

Mohani Thiara stated that there have been accusations made and the petitioners feel they need protection from the City and Police Department.

Wayne Koehn, representing the Livingston Union School District, expressed support of the

Del Valle Homes project.  He also thanked the City and Council for working with school administration for sidewalk installation in an effort to protect students from potential safety hazards.

PUBLIC HEARINGS

Mayor Samra excused himself from the meeting at 7:55 p.m. due to illness and turned the meeting over to Mayor Pro-Tem Ingram.

      5.   Resolution Approving Site Plan/Design Review 2006-10, for a New Two-Story 5,175 Square Foot Retail/Office Building on Main Street and Determining a Parking In-Lieu Fee for This Project.

            The agenda item was presented by Community Development Director Kenney.

      Council Member Vierra commented that there will be a need for a parking structure.

Director Kenney mentioned the City is working on a Civic Center Plan which includes a parking structure.

Council Member Soria asked if the proposed restaurant on the top floor would require more parking than the office.

Director Kenney explained that parking requirements may be the same because staff only uses public space to calculate parking.

Council Member Espinoza asked City Attorney Hallinan about the legality of charging parking in-lieu fees without a set plan and stated he was not in favor of charging a fee.

City Attorney Hallinan replied that it world be okay to charge the previous parking in-lieu fee of $1,000 per space.

      Mayer Pro-Tem Ingram opened the Public Hearing at 8:09 p.m.

Jaime Fuentes, applicant, said he was confused about the fee issue that was presented and compared Livingston to the City of Los Banos where no fees are assessed as opposed to larger cities such as Berkeley and Palm Springs.

Mayor Pro-Tem Ingram closed the Public Hearing at 8:13 p.m., as there were no further public comments.

Council Member Espinoza made a motion to waive the parking in-lieu fees for this project to encourage new businesses in the downtown. The motion died due to lack of a second.

Council Member Vierra addressed the parking issue and stated that if the Council was looking toward the future, a downtown parking plan will have to be established.

Councilmember Soria stated that this is a new structure and the Council needs to investigate and establish a parking in-lieu fee.

      Lengthy discussion followed.

Council Member Espinoza amended his previous motion to charge a one time parking-in-lieu fee of $500 for this particular project.  The motion died due to lack of a second.

Mayor Pro-Tem Ingram introduced a motion to adopt Resolution No. 2007-01, approving Site Plan/Design Review 2006-10 for a new two-story 5,175 square foot retail/office building on Main Street and use the previous parking in-lieu fee of $1,000 per space.  The motion carried 3-1-1 as by the following vote:

AYES:         Council Members:    Ingram, Soria, Vierra

NOES:         Council Members:    Espinoza

ABSENT:    Council Members:    Samra       

6.      Resolution Approving Site Plan/Design Review 2006-11, for the Development of a Second Dwelling Unit of Over 600 Square Feet at 1420 Main Street.

Community Development Director Kenney presented the agenda item.

Mayor Pro-Tem Ingram opened the Public Hearing at 8:31 p.m.

      Mayor Pro-Tem Ingram asked if the development met the requirements for set backs.

      Director Kenney replied yes.

Council Member Vierra asked if the applicant will gain access to the garage through the carport.

Director Kenney replied yes.

It was the Council’s opinion that this project will enhance the appearance of the neighborhood.

Mayor Pro-Tem Ingram closed the Public Hearing at 8:34 p.m., there being no further public comments.  

Motion:  M/S Vierra/Espinoza to adopt Resolution No. 2007-02, approving Site Plan/Design Review 2006-11 for the development of a second dwelling unit of over 600 square feet at 1420 Main Street.  The motion carried 4-0-1 by the following vote:

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

            NOES:         Council Members:    None

            ABSENT:    Council Members:    Samra                   

      7.   Resolution Approving Site Plan/Design Review 2006-13, for Two New Floor Plans in the Country Villas IV Subdivision.

            The agenda item was presented by Community Development Director Kenney.

            Mayor Pro-Tem Ingram opened the Public Hearing at 8:38 p.m.

Jim Vierra, 6661 Hunter Road, stated he is a neighbor of Country Villas and asked the representative from Dunmore Homes if the 16 lots along the M.I.D. easement have been taken of.

Michael Lutz, representing Dunmore Homes, indicated they were working with M.I.D. on this issue.

Mayor Pro-Tem Ingram closed the Public Hearing at 8:40 p.m., as there were no further comments from the public.

Council Member Vierra asked if staff added a condition to the resolution that houses on corner lots have enhanced side elevations.

Director Kenney explained this is a standard condition for all site plan/design review projects.

Council Member Espinoza commented he was glad there will be smaller homes to make them more affordable to residents.

Motion:  M/S Vierra/Espinoza to adopt Resolution No. 2007-03, approving Site Plan/Design Review 2006-13 for two new floor plans in the Country Villas IV Subdivision.  The motion carried 4-0-1 by the following vote:         

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

            NOES:         Council Members:    None

ABSENT:    Council Members:    Samra                  

CONSENT CALENDAR

      The Council considered the following items under the Consent Calendar

8.   Resolution No. 2007-04, Proceedings Under the Landscape and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code, Et. Seq., for the Approval to Annex Territory into the City of Livingston Consolidated Landscape and Streetlight Maintenance Assessment District No. 1 as Annexation No. 14 (Gallo Commercial), Intention to Levy and Collect Assessments for Fiscal Year 2007-2008, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing.

      9.   Resolution No. 205-05, Proceedings Under the Benefit Assessment Act of 1982, Government Code Section 54717, Et. Seq., for the Approval of the Formation of City of Livingston Benefit Assessment District No. 16 (Gallo Commercial), Intention to Levy and Collect Assessments for Fiscal Year 2007-2008, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing.

      10. Second Amended and Restated Solid Waste Joint Powers Agreement for the Merced County Regional Waste Management Authority.

      11. Resolution No. 2007-06, Rejecting All Bids Received for the Construction of the Proposition 13 Water Line and Alleyway Paving Project and Authorize Staff to Rebid the Project.

      12. Agreement Between the City of Livingston and HdL Coren & Cone for Property Tax Audit and Information Services.

      13. Denial of Claim for Damages from Maria D. Maldonado.

14. Approval of Minutes of City Council Meeting Held on December 14, 2006.

15. Approval of Minutes of City Council Meeting Held on December 19, 2006.

16.  Approval of Warrant Register Dated January 5, 2007.

Council Member Vierra made a motion to approve all items with the exception of Item No. 10, which he asked be pulled for discussion.  The motion was seconded by Council Member Soria and carried 4-0-1.

Council Member Vierra asked Jess Brown, Executive Director for MCAG, for clarification as to the cities involved and a fee chart. 

            Lengthy discussion followed.

Council Member Espinoza asked if all Merced County cities have approved the amended agreement.

Mr. Brown replied yes and that Livingston is the only city that has not granted approval.

Motion:  M/S Soria/Espinoza to approve the Second Amended and Restated Solid Waste Joint Powers Agreement for the Merced County Regional Waste Management Authority.

The motion carried 4-0-1.

DISCUSSION AND POTENTIAL ACTION ITEMS    

17.  Authorize the City of Livingston to accept the $50,000 National Park Service Land and Water Conservation Grant and the City Manager to Sign all Applicable Contracts and Documents to Secure Funding and Construct Park Improvements at the Livingston Sports Complex.

City Manager Warne presented the agenda item.

Motion:  M/S Vierra/Soria to authorize the City of Livingston to accept the $50,000 National Park Service Land and Water Conservation Grant and the City Manager to sign all applicable contracts and documents to secure funding and construct park improvements at the Livingston Sports Complex.  The motion carried 4-0-1.

      18. City Council Guidance on Solid Waste Collection Services.

            The agenda item was presented by City Manager Warne.  Discussion followed.

It was the consensus of the Council that the City to go out to bid for solid waste collection services.

The Council asked City Manager Warne to look into collectors that would use a two-can system, allowing residents to sort their trash and recyclables.

Richard Gilton, Gilton Solid Waste Management Services, Inc., the City’s current contract solid waste collector commented that before the Council went out to bid they should review the contract.

Mr. Gilton stated the last contract renewal was in 1997 which gave Gilton an additional eight years of service with annual extensions until such time as the City or collector submitted a letter with the intent to end the contract.  He pointed out he received a letter from the City ending the contract  two years ago and he believed this meant the contract expires in 2013; however, the staff report places the contract expiration date in 2007 with the possibility of one year extensions.

The Council tabled this item to allow the City Attorney to meet with Gilton’s legal counsel regarding this issue.              

19. City Manager Announcements and Reports.

            None.

ADJOURNMENT

By consensus, the meeting was adjourned at 9:15 p.m.

                                                                              _______________________________

City Clerk of the City of Livingston

 

APPROVED:  February 6, 2007

___________________________

 Mayor or Mayor ProTempore

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3 thoughts on “JANUARY 16, 2007

  1. The council needs to be aware that the term “Toys for Tots is patented and sole owener of the United States Marine Corps.
    Monies that are collected using the term; Toys for Tots, and not submitted to the local Toys for Tots coordinator is an issue that a record keeper and an account need to exstrapolate.

    Thank you
    Toys for Tots Coordinator
    of Merced, County CA

    Rudolph Tafoya Sr.

  2. Pingback: A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 7: Some Enterprise Funds Basics, Meeting Highlights: July 7, 2009 through December 01, and a City Council Agenda « Thegardeni

  3. Pingback: A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 7: Some Enterprise Funds Basics, Meeting Highlights: July 7, 2009 through December 01, and a City Council Agenda « Thegardeni

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