JUNE 05, 2007

 

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JUNE 5, 2007

A Closed Session/Regular Meeting of the Livingston City Council was held on June 5, 2007, in the City Council Chambers with Mayor Samra presiding.

ROLL CALL

Mayor Samra opened the meeting at 5:32 p.m.

ROLL CALL

    Mayor Gurpal Samra

    Mayor Pro-Tem William Ingram

    Council Member Frank Vierra

    Council Member Rodrigo Espinoza (Excused Absence)

    Council Member Roy Soria

The City 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 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.

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

The Closed Session ended at 6:03 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:04 p.m.

REGULAR MEETING

Mayor Samra opened the meeting at 6:07 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

          Council Member Rodrigo Espinoza (Excused Absence)

          Council Member Roy Soria

CLOSED SESSION ANNOUNCEMENTS

There were no reports.

CHANGES TO THE AGENDA

Items #8 and #16 were removed from the agenda.   Item #5 was continued to the Regular Meeting of June 19, 2007, as applicant, Sukhvir Chahal, was not able to attend tonight’s meeting.    

      SPECIAL PUBLIC HEARING

      1.   Public Safety Camera System.

Police Chief Eldridge gave an in depth presentation on a proposal to implement a Citywide Video Camera System in an effort to deter crime in the community.  He also gave a power point presentation on the proposal.

Mayor Samra asked Chief Eldridge to point out that this system will be for commercial purposes and not to invade the privacy of residents. 

Mayor Samra opened the Public Hearing at 6:39 p.m. and waived the three minute time limit for public comments.

Albert Arias, 223 Main Street, asked by whom and where the cameras will be installed. 

Chief Eldridge explained that if a camera is placed in a park in a residential area, the City will pay for the cost of the camera.  He commented that he will solicit the help of the Citizens’ Advisory Committee to determine camera locations.

Warren Urnberg, 1331 Eighth Street, strongly favored the proposal and asked if there are any grants that will help pay the total cost of the system.

Luis Flores, 707 Almondwood Drive, asked about signs informing people about camera surveillance.  He also asked about phase #1 that is the purchase of equipment and if there will be a phase #2 to which Chief Eldridge replied no.

Peggy Gipson, 2265 Johannisburg Drive, thinks the proposal is a positive approach to deterring crime in the community. She added the Police need protection, the City needs protection and the children need protection.  Ms. Gipson commented the proposal is a great asset to the schools and hopes the Council will direct staff to move forward with the project.

Ruby Caballero, 352 Mandarin Court, asked when the system will be implemented.

Chief Eldridge commented that the camera system will first have to be put out to bid and then the Council will have to award a bid to the lowest responsible bidder.  He said the time span will likely be about four to five months.

Albert Cervantes, 2672 Brandy Way, asked who will have access to the system.

Chief Eldridge explained that only Police Officers and Dispatchers will have access codes that log the date and time of use

Mr. Cervantes further asked if there will be someone who will be monitoring the system

A company representative explained that his company has special software that only they can access and monitor.

Gary Pitner, 1543 Monte Cristo way, asked how much the system will cost.

Mayor Samra replied that it depends on the system purchased and follow-up training.

Mr. Pitner asked if cost will be the deciding factor in getting a camera system.

Mayor Samra commented that the Council will make the final decision on the purchase.

Chief Eldridge explained that the system will be paid for by using COPS grant funding.

Kaye Greeley, 1571 Monte Cristo Way, commented that she is the Chairperson of the Citizens’ Advisory Committee and asked who will serve on the committee that will choose camera locations.

Chief commented it would be ideal to have a camera in every business establishment, especially in car dealerships at night.

Michael Herrera of Merced commented that for some of the businesses that have alarms, the system will only enhance their protection.

A resident asked about personal use of cameras. 

Chief Eldridge explained that if the camera is facing the street there is no problem, but if the camera is facing someone else’s property this would be a violation of the resident’s privacy.

Dr. Robert Fore, M.U.H.S.D. Superintendent stated he was present to support the proposal.  He said the District does have cameras in some of the schools and he was in favor of this system.

Wayne Koehn, representing the LUSD, commented that the schools will be a part of the system. He feels the system will be a great asset not only for the schools, but for the City as well.

Mayor Samra asked if the schools will be monitoring their own cameras. 

Chief Eldridge replied that it all depends on how they want to operate their camera system.

Dr. Manjit Nagi, 922 J Street, feels that the City needs to take a proactive approach.  He commented the City has a good name because of the strictness of the Police Department.

Mike Torres, 1616 Eighth Street, commented that he worked at Stanislaus State University and they had cameras that worked well.

Beatrice Flores, a resident of East Avenue, commented that she is in favor of the proposal.  She added that she lives in a dark neighborhood and feels that as people get older, they need more protection.

Mayor Samra closed the Public Hearing at 7:29 p.m., there being no further comments from the public.

Council Member Vierra commented that because of the year end graffiti at the schools, he strongly favored the proposal.

Council Member Soria agreed.        

Mayor Pro-Tem Ingram commented that he viewed the City of Ripon’s system.  He asked if the camera data will be stored.

Chief Eldridge explained that if the camera is used in a crime, the data will be put on a CD and stored.

Mayor Pro-Tem Ingram commented he would like to see the City purchase a supervisor’s vehicle similar to Ripon’s which can locate fleeing vehicles.

Mayor Samra commented that he also went to Ripon to view the system, but asked if the tapes were public record.

Chief Eldridge said no, unless there is a court order.

 Motion:  M/S Ingram/Vierra to authorize staff to bid the project.  The motion carried 4-0-1.

BREAK

The Council took a break at 7:33 p.m.  The meeting resumed at 7:39 p.m.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

  1. Presentation by the Merced County Economic Development Corporation (MCEDCO).              

Scott Galbraith and Jim Kanabay from the Merced County Economic Development Corporation (MCEDCO) informed the Council of what type of projects MCEDCO can provide to Livingston should the City decide to work with them. 

ANNOUNCEMENTS AND REPORTS

            Supervisor John Pedrozo Announcements and Reports.

Nick Dawidczick, Administrative Assistant to Supervisor Pedrozo, reported the following:          

·       Supervisor Pedrozo could not be here tonight because he is attending a Conference in San Diego.

·       Rail Safety Week held on May 21-25, 2007, went very well.  There was tremendous support for rail safety.  Supervisor Pedrozo is looking to expand the event next year.

·       The new Merced County Court House building is having its grand opening and ribbon cutting on Friday, June 8th, at 2:00 p.m.

·       The County is working on its FY 2007/2008 budget.

City Council Members’ Announcements and Reports.

Council Member Soria

·         Commented on the graffiti at Livingston High School and Livingston Middle School.  He read a letter he wrote to Chief Eldridge expressing his concerns attached to a personal donation of $200 for the apprehension and arrest of the responsible parties.

Council Member Vierra

·         Talked about an article he read in the newspaper regarding adults providing alcohol to minors. He said the Council needs a policy on adults providing alcohol at teenage parties.

·         Feels City projects should be beautified with more recyclable materials and more landscaping is needed in the City to mitigate the weather.  He feels the Citizens’ Advisory Comiittee should study and recommend drought tolerant plants.

Mayor Pro-Tem Ingram

·         Received a call from a senior citizen wanting to meet with him and he will meet with this person to hear his/her concerns.

Mayor’s Announcements and Reports.

·         No announcements or reports.

CITIZEN COMMENTS

Dwight Benafield, 1330 Queen Way, stated that on November 17th he had asked the Council how can a three person majority establish a super majority when the City Ordinance imposes a simple majority.

The Council, by a 4-0-1 vote, directed the City Attorney to research and hire independent legal help to see if one can contract out of City Code.

The City Attorney was also directed to have outside counsel by the next Council meeting under Closed Session with Vickie Lewis in attendance.

Dr. Jim Williamson, Tree Partners Foundation, spoke about the City of Livingston joining with the City of Atwater in securing a grant to establish a tree nursery at the Federal Penitentiary to provide trees for both cities and for the National Arbor Day Foundation.

 Denis Wells, 1159 Second Street, thanked the City for adding Japanese names to the Kishi Subdivision.

Mr. Wells talked about Memorial Day activities held in Memorial Park.  He also commented that the Veterans of Foreign Wars (VFW) has a blood drive every two months on the first Thursday of the month, from 3:00 p.m. to 7:00 p.m., at the Veterans Hall.

Mr. Wells further commented that June 14th is Flag Day and the VFW replaces any flags that are faded or torn.  He added they have a flag disposal each year and anytime there is a flag that is worn out, residents should call the VFW and they will pick-up the flag or drop it off at the library.

Beatrice Flores commented that she read in the newspaper about alleys being paved and wants to know when her alley will be paved because she is tired of dragging her trash container out front.  She also asked about green waste and about the property on Campbell Blvd., pointing out that the area looks unsightly with weeds and trash and should be cleaned up and trees planted.  Ms. Flores also asked about lighting in that area.

City Manager Warne commented that Public Works will pick-up trash, but the treeless property belongs to Caltrans.

Mayor Samra stated the City has a map with proposed alleys for paving.

Luis Flores stated that he attended UC Berkeley and they have a great recycling program and that he would like to see it implemented in Livingston. 

Peggy Gipson asked for clarification on Dwight Benafield’s comments and the City’s response.

Daniel Varela, 752 Maple Avenue, asked about the Hammatt Avenue overpass and when it will be beautified.  He also requested landscaping on F Street and Hammatt.

Mayor Samra explained that this is not City property and is owned by the State.

Mike Torres again brought up the subject of RVs, carports and fencing and said it has been three years and no action has been taken.

Mayor Pro-Tem Ingram commented that he also has asked this same question.

Mayor Samra requested a joint workshop with the Planning Commission on this subject and will talk to the respective committees.

PUBLIC HEARINGS

3.   Resolution to Initiate Proceedings under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500, et. seq.: for the Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1 and Confirming Assessments for Fiscal Year 2007-2008.

      Ary Alves, representing MuniFinancial, presented the agenda item.

Mayor Samra opened and subsequently closed the Public Hearing at 8:46 p.m. there being no public comments.

Discussion ensued concerning the consolidation of all the City’s Landscaping and Maintenance Assessment Districts into one District.        

Motion:  M/S Vierra/Ingram to adopt Resolution No. 2007-24, initiating proceedings under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500, et. seq.: for the approval to levy annual assessments for the Citywide Consolidated Landscape and Maintenance Assessment District No. 1 and Confirming Assessments for Fiscal Year 2007-2008.  The motion carried 4-0-1 by the following vote:

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

NOES:                        Council Members:       None

ABSENT:       Council Members:       Espinoza       

4.   Resolution to Initiate Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq.: for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment Districts and Confirming Assessments for Fiscal Year 2007-2008.  

            The agenda item was presented by Ary Alves of MuniFinancial.

Mayor Samra opened and subsequently closed the Public Hearing at 8:51 p.m., as there were no comments from the public.

Motion:  M/S Vierra/Ingram to adopt Resolution No. 2007-25, initiating proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq.: for the approval to levy annual assessments for the Livingston Benefit Assessment Districts and Confirming Assessments for Fiscal Year 2007-2008.  The motion carried 4-0-1 by the following vote:

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

NOES:                        Council Members:       None

ABSENT:       Council Members:       Espinoza    

5.      Resolution Denying Administrative Appeal 2007-01 Concerning a Projecting Sign in a Highway Commercial Zoning District.

Motion:  M/S Samra/Soria to continue the Public Hearing to the next Regular Meeting of June 19, 2007.  The motion carried 4-0-1.

CONSENT CALENDAR  

Motion:  M/S Ingram/Soria to approve the following consent calendar items with the exception of Items #8, #9 and #16 that were removed from the agenda.  The motion carried 4-0-1.

6.   Approval of Minutes of City Council Meeting Held on May 15, 2007.

7.   Approval of Warrant Register Dated May 30, 2007.

8.      Resolution of the City of Livingston Declaring its Intention to Reimburse Expenditures from the Proceeds of Certain Obligations to be issued for the Industrial Wastewater Treatment Plant.

      9.   Renewal of Contract with Environmental Management Services (EMS) for Operation Services of the Domestic and Industrial Wastewater Treatment Plants.      

      10. Relocate Chain Link Fence at Water Tank Site to Property Parameter.

11.  Resolution No. 2007-26 to Award the Bid for the Removal and Disposal of 20 Acres of Grapevines for the Domestic Wastewater Treatment Plant Expansion.

12.  Resolution No. 2007-27 to Award the Bid for `the Removal and Disposal of 20 Acres of Walnut Trees for the Domestic Wastewater Treatment Plant Expansion.

13.  Waive the Second Reading and Adopt Ordinance No. 559, an Ordinance Adopting a Description of the Livingston Community Redevelopment Agency’s Program for the Acquisition of Real Property by Eminent Domain in Conformance with the Requirements of California Health and Safety Code Section 33342.7.

14.  Resolution No. 2007-28 Awarding a Construction Contract for the Front Street and First Street Sidewalk Installation Project.

15.  Approval of City of Livingston Urban Storm Water Management Program.

16.  Authorization to (1) Proceed with the Preparation of a Downtown Specific Plan and (2) Retention of Economic and Planning Systems (EPS) and Lionakis Beaumont Design Group, Inc. to Assist in the Specific Plan Preparation.        

DISCUSSION AND POTENTIAL ACTION ITEMS

17.  City Council Guidance on Renaming Livingston/Cressey Road to North Main Street

The item was tabled after discussion.

18.  City Council Guidance on Roundabout at Corner of Livingston/Cressey and Campbell.

The item was tabled after discussion.

19.  Distribution of Preliminary List of Street Rehabilitation Improvements.

List distributed to City Council to review for a future meeting.

20.  Approval of Warrant No. 62767 to Direct Towing.

Motion:  M/S Soria/Ingram to approve Warrant No. 62767 to Direct Towing in the amount of $220.00.  The motion carried 4-0-1.

21.  City Manager Announcements and Reports. 

No announcements or reports.

ADJOURNMENT

The meeting was adjourned by consensus at 9:33 p.m.

                                                                                    ______________________________

City Clerk of the City of Livingston

APPROVED:  June 19, 2007

_________________________

 Mayor or Mayor ProTempore                                                           

 

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