JULY 03, 2007

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGTON CITY COUNCIL

JULY 3, 2007

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

CLOSED SESSION

Mayor Samra called the meeting to order at 5:37 p.m.

ROLLCALL

    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 5:38 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 Real Property Negotiator—Government Code Section 54956.8.

Property:  Parcel Numbers DD000803-01-01, DD000804-01-01, DD000805-01-01,

DD000806-01-01, DD000807-01-01, DD000808-01-01, DD000809-01-01.

            Negotiating Parties:  City Manager Richard N. Warne and City Attorney Tom Hallinan.

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

            Agency Negotiator:  City Manager Richard N. Warne.

            Employee Organization:  Livingston Police Officers’ Association.

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

Agency Negotiator:  City Manager Richard N. Warne.

Employee Organization:  Supervisory Employees Bargaining Association.

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

Agency Negotiator:  City Manager Richard N. Warne.

Employee Organization:  Police Management Employees Association.

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

Agency Negotiator:  City Manager Richard N. Warne.

Employee Organization:  Management/Confidential Employees Association.

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

Agency Negotiator:  City Manager Richard N. Warne.

Employee Organization:  Clerical Employees Bargaining Association.

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

Agency Negotiator:  City Manager Richard N. Warne.

Employee Organization:  Public Works/Parks Bargaining Association.

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

Agency Negotiator:  Mayor & City Council.

Unrepresented Employee:  City Manager.

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

Agency Negotiator:  City Manager Richard N. Warne.

Unrepresented Employees:  Contract Employees.

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

The Closed Session ended at 6:51 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:52 p.m. 

REGULAR MEETING

CALL TO ORDER

Mayor Samra called the meeting to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance was led by Susan Ruth.

ROLL CALL

    Mayor Gurpal Samra

    Mayor Pro-Tem William Ingram

    Council Member Frank Vierra

    Council Member Rodrigo Espinoza

    Council Member Roy Soria

CLOSED SESSION ANNOUNCEMENTS  

There was no reportable action. 

CHANGES TO THE AGENDA

 

At the request of City Manager Warne, Items 1, 3 and 8 were removed from the agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATONS

2.      Citizens’ Advisory Committee Report.

The Committee Chairperson was not in attendance.                                                 

Supervisor John Pedrozo Announcements and Reports.

Neither Supervisor Pedrozo nor a representative was present.           .

City Council Members’ Announcements and Reports.

Council Member Vierra

  • Issued a reminder to everyone to attend the City’s July 4th celebration in Memorial Park.
  • Relayed that Pam Tamez recommended a City Beautification Committee be established.
  • Commented that staff has received a letter from the State indicating that the Valley Elderberry bushes (long horn beetles) at the Industrial WWTP will not be impacted by the plant’s expansion.

Council Member Espinoza

  • Wished everyone a safe and happy 4th of July.

Mayor Pro-Tem Ingram

  • Commented that he met with State Senator Jeff Denham who has invited him to meet with some presidential candidates and take a picture with them.
  • Expressed wishes to all for a happy 4th of July holiday and cautioned parents to be careful about being around fireworks that could be harmful to children.
  • Brought up a class reunion planned in July and asked Council Member Soria to elaborate on the event.

Council Member Soria commented that a class reunion for all graduates of Livingston High School will be held in Memorial Park on July 28th and will honor the late Mario Granado.

Mayor’s Announcements and Reports.

  • Also wished everyone a safe and sound July 4th.  He encouraged people to attend the festivities at Memorial Park which will include food and other booths, games, children’s rides, music and the fireworks display which has been deemed by many as the best fireworks show in the area.

CITIZEN COMMENTS

Gabriel Maldonado, representing the Red Ribbon Committee, reported the Committee held its first official meeting today and was holding its first fundraiser by having a booth at the July 4th celebration.  He added that in the past the Committee did not have to pay a booth fee, but this year the Committee had to pay $50.00 as a non-profit organization while the fee for commercial was only $60.00.  Mr. Maldonado requested the Council consider lowering the fees in light of the work the Committee does during the year to make the community aware of the dangers of drugs. 

Mr. Maldonado further asked if the Council will allow the Committee to return to the use of non-paper ribbon instead of the paper mache ribbon they have been using to hang red ribbons on trees and poles on Main Street.  He added the Committee ensures that any remaining ribbons will be removed within a certain time period after the end of Red Ribbon Week. 

Rev. Bill Ruth, 1518 Nut Tree Road, questioned why the speed limit by Yamato School was changed from 25 mph to 35 mph. 

Police Chief Eldridge explained that every five years the State conducts a traffic study and uses a formula to determine the amount of traffic and subsequently sets the appropriate speed limit.  He added the speed limit during school hours is 25 mph, but once school is not in session reverts back to 35 mph.

Mayor Pro-Tem Ingram asked Chief Eldridge why the message on the Police speed traffic trailer cautions drivers to slow down as someone nears the traffic trailer because of the 35 mph speed limit. He said that if a person drives a short distance past the trailer the driver has already gone over the speed limit.

Chief Eldridge said he will instruct his officers to set the speed monitor at 30 mph. 

Maria Maldonado, through an interpreter, brought up a concern about water flooding her house at 1445 “F” Street approximately two years ago and stated that she was denied help from the City.  It was determined that Mrs. Maldonado has filed a claim against the City for damages to her home. 

City Manager Warne explained the claim procedure and said staff will check with the City’s insurance to determine the status of the claim. 

Mrs. Maldonado was encouraged to come by City Hall and talk to City staff about the status of her claim.

Mike Torres, 1616 Eighth Street, asked if sewer lines were being inspected at the same time new water lines are being installed. 

Public Works Director Creighton explained that sewer lines were not being inspected; however, the line would be repaired if it is found to be damaged. 

Luis Flores, 707 Almondwood Drive, spoke about the City’s recycling program and said he is pleased with what Livingston is doing about recycling.  He added that he has met with Public Works Director Creighton and felt the meeting was productive.

Mayor Samra asked Public Works Director Creighton about the status of the broken water line at Arakelian Park.

Director Creighton gave an update on the water line situation which was caused while the nearby sewer lift station was being worked on by workers hired by McRoy-Wilbur Communities.  Because Public Works had to shut off the water on “J Street, Public Works distributed bottled water to residents.

Director Creighton added that he made contact with the Fire Chief to ensure there was sufficient water pressure on “J” Street due to the broken water line.

Police Chief Eldridge commented he felt the Red Ribbon Committee should have their booth fees waived due to the number of hours they spend promoting a drug free environment.

Mayor Samra questioned how soon the Council could consider waiving or lowering fees.

In order to remedy the situation, City Manager Warne personally donated the $50.00 fee.

CONSENT CALENDAR

      The following items on the consent calendar were presented for the Council’s consideration:

4.   Approval of Minutes of City Council Meeting Held on June 19, 2007.

5. Approval of Warrant Register Dated June 26, 2007.

6. Adopt and Waive the Second Reading of Ordinance No. 560, an Ordinance of the City Council of the City of Livingston Adding Title 10, Chapter 13, Sections 1 through 15 to the Livingston Municipal Code: Prohibition Against Underage Drinking and Social Host Liability.

7. Resolution No. 2007-30 Approving Submittal of a Grant Application to the California Pollution Control Financing Authority for Funding for Reconstruction of the Court Theater.

Finance Director Lewis reported on the warrant that was pulled at the last Council meeting and explained that the City is required to pay the services on those appliances.

Motion:  M/S Ingram/Espinoza to approve the consent calendar as presented.  The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

8.      Presentation and Discussion of FY 2008 City of Livingston Budget.          

This item was removed from the agenda.     

9.      City Manager Announcements and Reports.

No announcements or reports.

ADJOURNMENT

By consensus the meeting was adjourned at 7:33 p.m.

                                                                                    ______________________________

City Clerk of the City of Livingston

APPROVED:  July 17, 2007

__________________________

 Mayor or Mayor ProTempore

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