MARCH 06, 2007

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL

MARCH 6, 2007

A Regular Meeting of the Livingston City Council was held in the City Council Chambers on March 6, 2007, with Mayor Samra presiding.

CALL TO ORDER

Mayor Samra called the meeting to order at 7:02 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

    Council Member Roy Soria

CLOSED SESSION ANNOUNCEMENTS

There was no Closed Session held.

CHANGES TO THE AGENDA

None.      

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1.      Presentation of Circulation Master Plan.

 K.D. Anderson & Associates, Inc. made a Power Point presentation on the City of Livingston Circulation Master Plan.

Peggy Gibson asked if the residents by Hammatt that will be affected know about the changes.

The Mayor and Council Members explained that these changes will not take effect now and, thus, the reason for the presentation.

Mike Torres, 1616 Eighth Street, expressed concern about the current traffic congestion especially on Hammatt and Peach.

Frank Borges, representing Mike Gallo, voiced concern about timing.  He commented that he hopes the additional public hearings on the Master Plan don’t delay the General Plan update.

Councilmember Vierra commented he was glad to hear that the Washington Blvd. bridge is a possible option to relieve Winton Parkway traffic.

Councilmember Espinoza was in agreement with the information provided in the presentation and the need for three bridges.  He added the City will have to consider future costs.

Mayor Samra asked if these plans can be modified as he wanted to let people know that things can be modified.  He stated it was customary for the City to update its Master Plan from time to time.  Lengthy discussion following regarding the different options.      

City Manager Warne said staff was not looking for direction at this meeting and he realized this subject will be discussed at future meetings.  He subsequently recommended that the Draft Circulation/Traffic Plan be scheduled as a public hearing.

2.            Presentation of Urban Water Management Plan.

Representatives of Carollo Engineers of Fresno gave a power point presentation on the 2005 Urban Water Management Plan for the City of Livingston.

Council Member Vierra asked how many wells they should have for every subdivision.  He also asked if the two wells the City has are included in this report.

Motion:  M/S Ingram/Soria to adopt Resolution No. 2007-08 declaring the Council’s intent to adopt the 2005 Urban Water Master Plan and setting a public hearing for March 20, 2007.  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

                                                                      

ANNOUNCEMENTS AND REPORTS

               Supervisor John Pedrozo Announcements and Reports.

               Administrative Assistant, Nick Dawidzick made the following reports:

·         Supervisor Pedrozo is currently in Washington, D.C.

·         County is dedicating a new fire station.

City Council Members’ Announcements and Reports.

Council Member Soria

·         No reports.

   Council Member Vierra

·         Asked about the surplus Caltrans land on Campbell Blvd. and commented he was under the impression that this was City property; however, the land is now for sale.

Mayor Pro-Tem Ingram commented that the last information he had was that it was City property given to the City by Caltrans.  He added that as late as six months ago, the land was given to the City, providing the land was not sold.

·         Stated that he had read his name on the sign at Memorial Park and he felt he didn’t do anything to deserve the recognition.  He commented he wanted the previous Mayor’s name on the sign because Brandon Friesen worked hard to raise money for the project.  Therefore, he requested his name be replaced with the name of the former Mayor.

Discussion followed.

Mayor Pro-Tem Ingram said he agreed that the previous Mayor did bring in money for the project along with everyone on the Council and City staff.

Mayor Samra commented that the sign is only temporary and lists the names of the current Council.  He stated he will not change the sign or take it down until the project is complete.

Mayor’s Announcements and Reports.

·         No announcements or reports.

CITIZEN COMMENTS

 Peggy Gibson commented that the Memorial Park sign cost over $500.  She added that what is written on the sign is a big lie and you better be careful as pride goes before a fall.  

Ms. Gibson asked about the person who was appointed to the Planning Commission.  She noted she obtained a copy of applications for the Planning Commission and questioned the qualifications of the person selected.

Mohani Thiara thanked City staff for their help, pointing out they spent a lot of time with her and she wanted to thank them for their support.

Commented on Ms. Gibson’s concerns and agreed there have been a lot of lies told.  She also noted that she has been threatened by the Mayor’s father and warned everyone to be careful.

Mayor Samra clarified that it was his uncle and not his father who Ms. Mohani was referring to.

Ms. Thiara disagreed.

Mike Torres thanked City staff for filling in potholes.  He asked that his water hydrant be flushed as he is getting dark water again.

PUBLIC HEARINGS

3.      Proceedings Under the Landscape and Lighting Act of 1972, Division 15, Part 2, of the California Streets and Highways Code for the Approval to Annex Territory and Levy Assessments for the City of Livingston Consolidated Landscape and Streetlight Maintenance Assessment District No. 1, Annexation No. 14 (Gallo Commercial), Public Hearing Confirming Assessments for Fiscal Year 2007-2008.

Bryan Miller of Munifinancial explained that the property owner requested more time to amend his ballot and recommended this be brought back for Council consideration on March 20, 2007.

Motion:  M/S Ingram/Soria to continue the public hearing to the City Council meeting of March 20, 2007.  The motion carried 5-0.

4.      Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717, ET. Seq., for the Approval to Levy Assessments for the City of Livingston Benefit Assessment District No. 16 (Gallo Commercial), Public Hearing Confirming Assessments for Fiscal Year 2007-2008.

Mr. Miller again stated that the property owner would like to have time to amend his ballot and recommended this item be returned to Council at the March 20, 2007 meeting for consideration.

Motion:  M/S Ingram/Soria to continue the public hearing to the Council’s regular meeting of March 20, 2007.  The motion carried 5-0. 

5.      Resolution Approving Site Plan/Design Review 2007-01, for Four New Floor Plans in the Mansionettes at Davante Villas Subdivision.

The agenda item was presented by Community Development Director Kenney.

Dana Smith, representing New America Homes, gave an explanation of the different floor plans and colors for their project, the Mansionettes.

Mayor Samra opened the Public Hearing and Peggy Gibson asked about the square footage on the new plans. 

Mayor Samra closed the Public Hearing as there were no further comments from the public.

Council Member Espinoza stated he was glad to see that the developer is offering single floor homes so that those residents in the community could afford to purchase a home.

Mayor Pro-Tem Ingram said he appreciated what the developer is doing for the community.

Motion:  M/S Ingram/Espinoza to adopt Resolution No. 2007-09, approving Site Plan/Design Review 2007-01, for Four New Floor Plans in the Mansionettes at Davante Villas Subdivision.  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

6.      Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Section 5-6-5 (D) 2 Nonconforming Structures.

The agenda item was presented by Community Development Director Kenney.

      Mayor Samra opened the Public Hearing at 9:12 p.m.

Mike Torres said he understood that the goal of phasing out residential in the downtown area was to make it all commercial.  He recommended that the Council leave the downtown area as it is.

Mayor Samra closed the Public Hearing at 9:16 p.m., there being no further comments from the public.

      Council Member Soria agreed with Mr. Torres 100%. 

Council Member Vierra commented that he does not want to take homes, but the narrowness of Hammatt puts Council between a rock and a hard place.  He added the Council needs to look into the future.

Council Member Espinoza felt the City needs to understand the needs of residents with nonconforming houses who want to get a loan and refinance, but can’t.  He added the City should not turn them away.

Mayor Pro-Tem Ingram also has a problem with that too. He noted the Council has spent many hours and held workshops to renovate the downtown.  Mayor Pro-Tem Ingram added that if is going to be commercial then it’s going to be commercial.  He also asked the Council very seriously to ask themselves if this was their home, what they would do in such a situation.

Mayor Samra asked Community Development Director Kenney a question regarding business interest.  He commented the point he is trying to make is that the majority of the people who want to refinance their home is to pay for medical bills or a financial need.  The Mayor added he thinks it’s unfair to tie peoples’ hands. 

Council Member Espinoza commented that the Planning Commission voted 5-0 to change the ordinance.

Peggy Gibson commented that as a business person, she was thinking of putting in a business here, but there is no traffic.

Motion:  M/S Ingram/Espinoza to introduce and waive the first reading of Ordinance No. 557, an Ordinance of the City Council of the City of Livingston, Amending Livingston Municipal Code (LMC) Section 5-6-5 (D) 2 Nonconforming Structures.  The motion carried 4-1-0 by the following vote:

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

NOES:                        Council Members:       Vierra

ABSENT:       Council Members:       None

      CONSENT CALENDAR

      The following items were presented for Council consideration under the Consent Calendar:

    7. Approval of Minutes of City Council Meeting Held on February 14, 2007.

 

8.      Approval of Minutes of City Council Meeting Held on February 20, 2007.

9.      Approval of Warrant Register Dated February 27, 2007.

10.  Resolution of the City Council of the City of Livingston Authorizing the City Clerk to Consent and to Accept Deeds of Real Estate from Gurdev S. and Balvinder K. Chima for Purchase of Property at 641 Main Street.  

            Mayor Pro-Tem Ingram recommended that Warrant No. 62035 be pulled for discussion.

            Council Member Vierra made a correction to the Minutes of February 20, 2007.

Motion:  M/S Soria/Ingram to approve the Consent Calendar with the amendment to the Minutes of February 20, 2007, and the removal for discussion of Warrant No. 62035.  The motion carried 5-0.

Mayor Pro-Tem Ingram wanted to note for the record, and it should be reflected in the Minutes, that he voted against the City Hall expansion and he was also not in favor of paying the architect’s bill of $77,000. 

Council Member Espinoza also wanted it known that he was not in favor of the City Hall expansion either and not in favor of paying the architect fees.

Mayor Samra pointed out to vote their consciences.  He added that for good or bad, the Council has to pay a bill if they signed a contract.

Motion:  M/S Soria/Vierra to pay Warrant No. 62035.  The motion carried 3-2-0, with Mayor Pro-Tem Ingram and Council Member Espinoza voting no.

DISCUSSION AND POTENTIAL ACTION ITEMS        

11.  Presentation of Initial Study/Mitigated Negative Declaration for Livingston High School Master Plan.

Michael Belluomini, Director of Facilities Planning for the Merced Union High School District, made a verbal presentation regarding the Initial Study and Mitigated Negative Declaration for the Livingston High School Master Plan.

Mayor Samra asked about any future plans for putting in a sidewalk and paved parking lot north of the football field.

Council Member Espinoza commented that there are a lot of people from the community who use the high school track and the area is currently locked. He said he understood that since his concerns came up, the track would be opened.

      Mayor Samra asked about figures 3-46 and 3-47.

      Mr. Belluomini replied that those figures are no longer being considered.      

Mike Torres would like the next meeting to be held at Livingston High School and not Merced or Atwater as scheduled.

Mr. Belluomini explained that first the bond has to pass before anything gets started and the soonest will be in November 2008.         

Mr. Belluomini commented that he will present the Council’s comments and concerns to the school district.

12.  City Manager Announcements and Reports.

            Nothing to report.  

ADJOURNMENT  

The meeting was adjourned by consensus at 10:28 p.m.

 

                                                                                 ______________________________

City Clerk of the City of Livingston

 

APPROVED:  March 20, 2007

 

_________________________

 Mayor or Mayor ProTemore

 

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