NOVEMBER 13, 2007

MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL

NOVEMBER 13, 2007

A Special Meeting of the Livingston City Council was held on November 13, 2007, in the City Council Chambers with Mayor Samra presiding.

CLOSED SESSION

Mayor Samra opened the meting at 4:02 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 4:03 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.

The Closed Session ended at 4:43 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 4:44 p.m.

REGULAR MEETING

CALL TO ORDER

Mayor Samra called the meeting to order at 4:46 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

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

CLOSED SESSION ANNOUNCEMENTS

Mayor Samra stated the Council had discussed a settlement agreement with Foster Farms Poultry, Inc. that would be considered for approval by the Council.

CHANGES TO THE AGENDA

None.

CITIZEN COMMENTS

Colette Alvernaz, P.O. Box 255, Livingston, commented that she had requested that all City Council, Planning Commission, Recreation Commission, Citizens’ Advisory Committee and Court Theater agendas and minutes be sent to her; however, she did not receive notice of tonight’s special meeting.

DISCUSSION AND POTENTIAL ACTION ITEMS

1.      Consideration of a Settlement Agreement and Mutual Release Between the City of Livingston and Foster Poultry Farms, Inc.

No comments were heard from those Council Members present.

Attorney Mark Mulkerin commented the public should be informed that the Council will consider adoption of Resolution No. 2007-57, authorizing execution of a settlement agreement and mutual release between the City of Livingston and Foster Poultry Farms, Inc.  He noted there were copies of the documents available for public review.

Katherine Schell, 1149 Ninth Street, asked for a total sum of all monies expended by the City for litigation from the start to the end of litigation. 

Assistant City Manager/Finance Director Lewis commented she did not have this information available at this time and because of outstanding bills it would be approximately 35 days before a final amount could be determined.  She said once a total sum is determined she would make the information available to Ms. Schell. 

Colette Alvernaz stated that Foster Farms has made Livingston well known and many people in the community were saddened that the situation between the City and Foster Farms would escalate to the point of litigation.  She commented on the donations Foster Farms has made to the community which has been done quietly and the jobs Foster Farms has provided to residents of the community.  She added that it was her hope that this matter is resolved and the City is more appreciative of Foster Farms.

Warren Umberg, 1331 Eighth Street, raised the same question as Ms. Shell regarding total litigation fees.  He also asked where the money spent on litigation is coming from and what effect these costs have on the General Fund.

Assistant City Manager/Finance Director Lewis said she would also provide this information to Mr. Urnberg once a total cost of litigation expenditures was determined.

            Mayor Samra brought this matter back to the Council for comments.

            Council Members Espinoza and Soria had no comments.

Mayor Pro-Tem Ingram commented that litigation has been going on for too long and he was glad the matter has been resolved and it was now time for the City to move forward.

Mayor Samra stated that he agreed with the comments made by Mrs. Alvernaz.  He then elaborated on the contributions to the community Foster Farms has made and said his family owes a lot of gratitude to Foster Farms.  He commented that it may take some time; however, it was his hope that the City and could work with Foster Farm on building the good relationship it once had.  He added that it is time to put the entire situation behind us and move forward

Motion:  M/S Soria/Ingram to adopt Resolution No. 2007-57, a Resolution of the City Council of the City of Livingston Authorizing Execution of the Settlement Agreement and Mutual Release Between the City of Livingston and Foster Poultry Farms, Inc.  The motion carried 4-0-1 by the following vote:

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

NOES:                  Council Members:       None

ABSENT:       Council Members:       Vierra

 

ADJOURNMENT

 

The meeting was adjourned by consensus at 5:02 p.m.

 

        ______________________________

Mayor of the City of Livingston

APPROVED:  December 4, 2007

____________________________

 Mayor or Mayor ProTempore

The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.           

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s