NOVEMBER 20, 2007

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

NOVEMBER 20, 2007

A Closed Session/Regular Meeting of the Livingston City Council was held on November 20, 2007, in the City Council Chambers with Mayor Samra presiding.

CLOSED SESSION

Mayor Samra opened the meeting at 5:34 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 5:33 p.m. to discuss the following matters:  

1.      Conference with Real Property Negotiator—Government Code Section 54956.8.

Property:  Director’s Deed # 00801-01-01, # 00802-01-01 (4 parcels).

Negotiating Parties:  City Manager Richard N. Warne.

Under Negotiation:  Purchase Price.

2.   Conference with Real Property Negotiator—Government Code Section 54956.8.

Property:  641 Main Street, APN: # 024-145-011.

Negotiating Parties:  City Manager Richard N. Warne.

Under Negotiation:  Lease Agreement.

3.      Conference with Real Property Negotiator—Government Code Section 54956.8.

Property:  APN #024-134-005.

Negotiating Parties:  City Manager Richard N. Warne.

Under Negotiation:  Purchase.

      4.   Public Employee Appointment—Government Code Section 54957.

Title:  City Attorney.

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

The Closed Session ended at 5:53 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 5:54 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 recited.

ROLL CALL

    Mayor Gurpal Samra

    Mayor Pro-Tem William Ingram

    Council Member Frank Vierra (Excused Absence)

    Council Member Rodrigo Espinoza

    Council Member Roy Soria

CLOSED SESSION ANNOUNCEMENTS

Appointed Malathay Subramanian as the new City Attorney.

CHANGES TO THE AGENDA  

Item No. 1 was postponed and rescheduled to the Regular City Council meeting of December 4, 2007. 

INTRODUCTION OF NEW CITY ATTORNEY

Introduced new City Attorney Malathay Subramanian from the firm of Best Best & Krieger.             

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1.      Check Presentation by Cathleen Galgiani for Sustainable Communities Grant for Court Theater.

Continued to the Regular City Council meeting of December 4, 2007.    

ANNOUNCEMENTS AND REPORTS

      Supervisor John Pedrozo Announcements and Reports.

Juan Corona, Administrative Assistant to Supervisor Pedrozo, thanked the City Manager and City Council for making him feel welcome at a recent event held in the City.  Relayed Supervisor Pedrozo’s concern of accidents on the railroad and stressed the importance of obeying the crossing arms.  Mr. Corona brought educational material and items to be distributed.  It was recommended that the items be distributed at recreation events and police events for youths.

City Council Members’ Announcements and Reports.

Council Member Soria

·         Extended happy holidays to all.

Council Member Espinoza

·         Wished everyone a Happy Thanksgiving.

Mayor Pro-Tem Ingram

·         Addressed the issue of Ranchwood Homes’ sewer pipeline and noted the City of Livingston was the lead agency for only one mile of pipeline.  Everything beyond the first mile is between Ranchwood Homes and the County of Merced.  The first mile was inspected and signed off by necessary authorities.

Mayor’s Announcements and Reports.

·         No announcements or reports.

CITIZEN COMMENTS

Boy Scot leaders Brian Silva and Adam Hansen were introduced by City Manager Warne, along with Boy Scout Troop #292.  It was noted that troop members are working on citizenship badges.

Gerri Martin, 16181 W. Vinewood Avenue commented that the meeting minutes have been very good.

Katharine Schell, 1149 Ninth Street, welcomed the new City Attorney.

Mike Torres, 1616 Eighth Street, commented that the Council should bring the community up to date on closed session information such as the Foster Farms issue.  He asked that any reportable action be agendized.

Two letters from Colette Alvernaz, P.O. Box 255, Livingston, were read for the record.  Both letters pertained to the Summer Stone Subdivision Project (Ranchwood Homes).

The first letter pertained to the Notice of Intent to Adopt an Environmental Impact Report for the Summer Stone Annexation, Prezone, Vesting Tentative Map and Development Agreement and the lack of public notice.  In her letter, Ms. Alvernaz states that the public notice was not posted on the bulletin board outside of City Hall nor placed on the City’s website which she alleged is a violation of the law.

Community Development Director Kenney explained that the City advertises public notices in the newspaper at least ten days prior to the meeting.  City staff also posts meeting notices on the City bulletin board in the required 72 hours.  She added that the City is not legally required to post notices on the website, but does so as a courtesy to the public.  This was confirmed by the City Attorney.

Ms. Alvernaz’s second letter dealt with the Summer Stone Subdivision project acreage and her disagreement with the total acreage of the project contained in the Notice of Intent to Adopt an Environmental Impact Report for the Summerstone Annexation, Prezone, Vesting Tentative Map and Development Agreement.

Director Kenney noted there are two separate projects, a small one within the existing Sphere of Influence and a large mixed use project within the proposed Sphere of Influence.

CONSENT CALENDAR

The following Consent Calendar items were presented for Council consideration:

2.      City of Livingston Legal Services Agreement for City Attorney and Agency Counsel Services.

      3.   Agreement to Provide Special District Services for the New Development and Annual Administration Services within the City of Livingston.

4.      Resolution No. 2007-58 Authorizing Participation in the California Pollution Control Financing Authority for Funding for Reconstruction of the Court Theater.

      5.   Settlement Agreement Between the City of Livingston and Young Kong Liv and Lily Tea Liv for the Purchase and Termination of Lease on the Property Located at 641 Main Street, Livingston, California (Resolution No.l2007-59)..

      6.   Waive the Second Reading and Adopt Ordinance No. 561, an Ordinance of the City Council of the City of Livingston Amending Title 2 (Government Organization) Chapters 1, 2, 4 and 5 of the Livingston Municipal Code Relating to City Boards, Commissions, Committees, Councils, Foundations and Agencies.

      7.   Waive the Second Reading and Adopt Ordinance No. 562, an Ordinance of the City Council of the City of Livingston Amending Title 2 (Government Organization) Chapter 2 (Planning Commission) of the Livingston Municipal Code Relating to the Organization and Duties and Responsibilities of the Planning Commission.

8.      Waive the Second Reading and Adopt Ordinance No. 563, an Ordinance of the City Council of the City of Livingston Amending Title 2 (Government Organization) Chapter 3 (Citizens’ Advisory Committee) of the Livingston Municipal Code Relating to the Organization and Duties and Responsibilities of the Citizens’ Advisory Committee.

9.      Approval of Warrant Register Dated November 14, 2007.

10.  Approval of Minutes of City Council Meeting Held on November 5, 2007.

11.  Approval of Minutes of City Council Meeting Held on November 6, 2007.

12.  Approval of Minutes of City Council Meeting Held on November 8, 2007.

City Manager Warne requested that Item #2 be considered separately and stated the revised contract will include only an hourly rate.

Motion:  M/S Soria/Ingram to approve the revised City Attorney Agreement.  The motion carried 4-0-1.

Motion:  M/S Ingram/Soria to approve Items 3-12.  The motion carried 4-0-1.        

DISCUSSION AND POTENTIAL ACTION ITEMS

13.  Amended and Restated Joint Powers Agreement of the Merced County Association of Governments (MCAG).

            Jesse Brown, Executive Director of the Merced County Association of Governments (MCAG), provided an overview of the Merced County Association of Governments (MCAG).

            Council Member Espinoza questioned the dangers of the City not being a part of the agreement and how would this impact receipt of some funding.

            Mayor Pro-Tem Ingram asked the length of the agreement.

             It was noted the agreement, if approved, would be in place for a period of 10 years.   

            Mayor Pro-Tem Ingram expressed concern that the project list included more projects outside the City.

            Council Member Soria pointed out that representation on the MCAG Governing Board includes one representative from each city and the five members of the Merced County Board of Supervisors potentially giving the County as a whole a voting advantage.
Mayor Samra addressed recent discussion on the establishment of an Ad Hoc Committee.

             Mr. Brown noted that the current agreement expires on November 28 and the Ad Hoc Committee will be established by November 29, 2007.

            After further discussion, it was the consensus of the Council to hold a Special Meeting on November 28 at 5:00 p.m. to further discuss and consider approval of the agreement.

14.  City Council Guidance on Appointment of a Recreation Commissioner.

The Council was informed that the Recreation Commission Chair has moved out of state, therefore, creating a vacancy on the Commission.

Staff was given direction to present Council with those applications currently on file along with the alternate members’ applications with a possible appointment  at the December 4, 2007, City Council meeting.
           

15.  City Manager Announcements and Reports.

No announcements or reports.

ADJOURNMENT

The meeting was adjourned by consensus at 7:45 p.m.

                                                                                    _______________________________                                 

City Clerk 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.           

Advertisements

One thought on “NOVEMBER 20, 2007

  1. Pingback: Salmonella, Arsenic, TCP and Manganese, A Timeline About Water Issues, and a City Council Agenda | Thegardeningsnail's Weblog (because not every critter is hiding under a rock...)

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