OCTOBER 16, 2007

 

MEETING MINUTES

LIVINGSTON CITY COUNCIL

OCTOBER 16, 2007

A Regular Meeting/Closed Session of the Livingston City Council was held in the City Council Chambers on October 16, 2007, with Mayor Samra presiding.

CLOSED SESSION

Mayor Samra opened the meeting at 5:31 p.m.

ROLL CALL

    Mayor Gurpal Samra

    Mayor Pro-Tem William Ingram

    Council Member Frank Vierra

    Council Member Rodrigo Espinoza

    Council Member Roy

The Council went into Closed Session at 5:32 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:  Director’s Deed # 00801-01-01, # 00802-01-01 (4 parcels).

Negotiating Parties:  City Manager Richard N. Warne and Attorney Mark Mulkerin.

Under Negotiation:  Purchase Price.

5.      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.

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

Agency Negotiator:  Mayor & City Council.

Unrepresented Employee:  City Manager.

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

The Closed Session ended at 7:01 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 7:02 p.m.

REGULAR MEETING

CALL TO ORDER 

Mayor Samra called the meeting to order at 7:05 p.m.

PLEDGE OF ALLEGIANCE  

The pledge of allegiance to the flag was led by Warren Urnberg.  

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; the Council gave direction to staff.

CHANGES TO THE AGENDA

At the request of City Manager Warne, Items 2, 3, 6, 15 and 16 were removed from the agenda.     

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1.      Approval of Fiscal Year 2006-2007 Annual Reports and Financial Statements for General

City Audit and Compliance Audit

Ryan Jolley, City Auditor, presented an overview of the City’s Fiscal Year 2006-2007 Annual Reports and Financial Statements for the General City Audit and Compliance Audit.  He pointed out that his auditing firm had found the City to be in compliance.

Mr. Jolley thanked City staff for the timeliness of the reports and said the City’s financial status is in sound shape.  However, he said that the water and sewer funds were operating at a deficit and the City needs to increase rates.

Finance Director Lewis complimented Jasmin Bains for her hard work and efforts in assisting with the audit and financial reports.

Further discussion followed.

Motion:  M/S Ingram/Espinoza to approve the Annual Reports and Financial Statements for the General City Audit and Compliance Audit for Fiscal Year 2006-2007.  The motion carried 5-0.

ANNOUNCEMENTS AND REPORTS

      Supervisor John Pedrozo Announcements and Reports.

      Supervisor Pedrozo made the following announcement or reports:

·         Reported the County will have to borrow 55 voting machines from Sacramento.

·         High Speed Rail System meeting scheduled for December 5th at 10:00 a.m., in the County Administration Building.

·         He will be meeting with Rotary on Friday and will present the money for the

barbecue area cover for Memorial Park.

·         Introduced Juan Corona, his new administrative assistant.

·         Stated the Word Series will feature a local ball player, Bryan Fuentes.

Dwight Benafield, 1330 Queen Way, questioned why a voting machine that costs $5,000 is not working.

Supervisor Pedrozo said he did not know why the machines were not working, but he will hopefully have a report on this matter next month. 

Colette Alvernaz, P.O. Box 255, Livingston, commented that she and her family are required to vote by mail, but she would like to vote at a voting precinct.

Peggy Gipson, 2265 Johannisburg Drive, commented that voting machines are not needed in Livingston because they are not being used.  She added that there is an issue with people sitting down on tables and having another person vote for them.  Also people going to citizens’ homes and registering them to vote.  She said this has been a problem and she has witnessed this being done more than once.

Supervisor Pedrozo asked Ms. Gipson to call his office to make an appointment to speak with him and Stephen Jones.      

City Council Members’ Announcements and Reports.

Council Member Vierra

·         No reports.

Council Member Soria

·         No reports.

Council Member Espinoza

·         No reports.

Mayor Pro-Tem Ingram

·         Gave a report on new LAFCO laws that include a requirement that the cities must first meet with the County before attending a LAFCO meeting, and that LAFCO does not have to accept the County’s recommendation.

·         Relayed that Supervisor Kelsey is looking for a sports complex to be jointly owned by the City and the County.  He said the County has funds available and that all scheduling and rates could be controlled by the City.     

Mayor’s Announcements and Reports.     

·         No reports.

CITIZEN COMMENTS

Gerri Martin, 16181 Vinewood Avenue, read a lengthy statement (copy given to City Clerk) expressing her concerns and objections to the City’s plans to expand its Domestic Sewer Plant west of the City limits which will impact her property and others.  She also expressed distrust that the City states it will not need the land for many years to come.  If this is true, she asked why the City is now actively pursuing purchase of land outside of its sphere of influence.

Ms. Martin further stated that she was distressed when told by a City official that there are procedures the City could use to acquire farmland if the owners did not want to sell.  She was also upset because she was told by an unnamed City official that County residents were worked up over nothing.

Colette Alvernaz questioned the delay in presenting the Parks and Recreation Master Plan (copy of comments given to City Clerk).  She noted that the Master Plan was publicly noticed to go before the City Council in September and October; however, was pulled from the agenda.  Ms. Alvernaz also questioned the starting date for public review of the General Plan and Domestic Wastewater Treatment Plant

Ms. Alvernaz further commented on the official record of City Council meetings.  She asked if each Council Member listens to the tapes.  If they don’t, she questioned how they could vote to approve the minutes.  Ms. Alvernaz also questioned the City’s water supply.

Mike Torres, 1616 Eighth Street, asked that the days of operation for the local library be updated on Channel 2, the City’s cable access channel.  He also recommended that Planning Commission agendas be televised on Channel 2.

Peggy Gipson commented on her conversation with Mayor Samra regarding the Code Enforcer and asked when this matter was going to be placed on the agenda.

PUBLIC HEARINGS    

      2.   Introduce and Waive the First Reading of 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.

Pulled from the agenda.

      3.   Introduce and Waive the First Reading of 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.

Pulled from the agenda.  

CONSENT CALENDAR

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

      4.   Resolution No. 2007-52, Approving a Grant of Easement between the City of Livingston and the Merced Union High School District.

5.      Resolution No. 2007-53. Accepting the Subdivision Improvements for Country Lane Subdivision and all Dedications Excepting Lot “C” Shown on the Final Map for Country Lane, Authorizing the City Manager to Release the Surety Bonds for Country Lane Subdivision by Livingston Country Lane, L.P., a California Corporation.   

6.      Award of Bid for the Peach Avenue Basin Backfill Project.

Pulled from the agenda.

7.      Resolution No. 2007-54, Approving the Boundaries of the Targeted Employment Area (TEA) and Submission of Application for the Merced Regional Enterprise Zone.

8.      Approval of Parkside Park Master Plan and Picnic Shelter Concept Plan.

9.      Waive the Second Reading and Adopt Ordinance No. 561, Amending Sections 5-5-3 (2), Mobile Homes Trailers or Boats, and 5-3-16-1 (A) 3 a, Setback Exceptions.

10.  Approval of Warrant Register Dated October 9, 2007.

11.  Approval of Minutes of City Council Meeting Held on August 7, 2007.

12.  Approval of Minutes of City Council Meeting Held on August 21, 2007.

13.  Approval of Minutes of City Council Meeting Held on September 17, 2007.

14. Approval of Minutes of City Council Meeting Held on October 2, 2007.

Warrant No. 63826 in the amount of $500 was voided and replaced with Warrant No. 63921 for $250.00.

At the request of Council Member Espinoza, Item No. 9 was removed for further discussion.

Extensive discussion was held concerning grandfathering carports.

Council Member Espinoza requested that metal tube and plastic tarp carports be prohibited.

Council Member Espinoza was concerned about the implementation of the Ordinance and directed staff to bring back an implementation plan on amortizing carport structures.

Motion:  M/S Vierra/Ingram to approve the Consent Calendar with the exception of those items that were removed from the agenda.  The motion carried 5-0.

DISCUSSION AND POTENTIAL ACTION ITEMS

14.  Resolution Approving a 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

Pulled from the agenda.

15. Resolution of Necessity of the City Council of the City of Livingston to Acquire Certain Property by Eminent Domain.

Pulled from the agenda.

16.  City Council Guidance on Water Rates.

Council Members Soria and Vierra want to move forward with a rate increase.

Mayor Pro-Tem Ingram and Council Member Espinoza felt that imposing a large rate increase in one year is too harsh and recommended increases be spread out over three years.

County residents were concerned about having to hook-up to City water.

After lengthy discussion, Mayor Samra directed staff to advertise the public hearing for this item in City utility bills in three languages.

17.  City Council Guidance on Moving City Council Meetings to Recreation Center.

Mayor Pro-Tem Ingram made a recommendation to have City Council meetings moved to the Recreation Center where people will be able to be seated for the meeting instead of standing on the side.  He commented that the way that development is going (no homes being built), there is no way to tell as to when the new City Hall will be built.  Council Member Espinoza agreed.  Council Members Soria and Vierra disagreed.

Mayor Samra directed staff to get estimated costs to sound proof the Recreation Center and install carpet and audio equipment and bring back their findings at the next meeting.

Council Member Soria said he would like to know the capacity of the Recreation Center.

18.  City Council Guidance on Front Porches.

A citizen approached Council Member Espinoza about allowing his front porch to intrude five feet into his front setback.

Staff was directed to take this item to the Planning Commission for a recommendation to change the City Code.

19.  City Manager Announcement and Reports.

City Manager Warne reported that extra Prop 18 money was found to pave an additional alley between “D” and “E” and Second and Main Street.

ADJOURNMENT

The meeting was adjourned by consensus at 9:04 p.m.                                                                                ______________________________

City Clerk of the City of Livingston

APPROVED:  November 6, 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.           

 

 

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