SEPTEMBER 04, 2007

CITY COUNCIL MEETING MINUTES

SEPTEMBER 4, 2007

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

     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 Labor Negotiator—Government Code Section 54957.6.

Agency Negotiator:  City Manager Richard N. Warne.

Employee Organization:  Livingston Police Officers’ Association.

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

The Closed Session ended at 6:50 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:51 p.m.

REGULAR MEETING

Mayor Samra opened the meeting 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

  Council Member Rodrigo Espinoza

  Council Member Roy Soria

CLOSED SESSION ANNOUNCEMENTS

There were no reports from Closed Session.

CHANGES TO THE AGENDA

Item #7 to be removed.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS


None.     

ANNOUNCEMENTS AND REPORTS

Supervisor Pedrozo reported on last San Joaquin Rail meeting. He noted the meeting was highly attended. Supervisor Pedrozo discussed getting input from the public for the next meeting in October. Lastly, Supervisor Pedrozo reported that the County Budget has been approved.

CITY COUNCIL’S REPORTS

  • Council Member Frank Vierra reported there is a vacancy on the Citizen’s Advisory Committee. Staff will begin recruitment.

  • Council Member Espinoza reminded staff to amend the ordinance on Committees and Commissions to change the number of Parks & Recreation Commissioners from five (5) to seven (7).   

CITIZEN COMMENTS

Pamela Tames, Main Street, expressed concerns about the apartment building being built behind her house.  Her concerns were about the property value going down, adequate water metering, proper building inspection and privacy.  Ms. Tames also noted that she never received a letter advising her of the new building.  

Manuel Mercado, 2nd Street, expressed similar concerns as those of  Ms. Tamez. Mr. Mercado noted that he had spoken with members of both the Planning Commission and the Council about this project and none of them were aware of it.  Mr. Mercado’s primary concern was that of privacy.   

Doug Gorman spoke about the Police Officer Union.  

Shirley Olson, Vinewood Ave. Ms. Olsen spoke on opposition to the General Plan. Ms. Olsen noted that she felt the City didn’t allow enough time for public comment on the plan. In addition, she questioned why the City was putting together a plan that wasn’t going to happen for 20 years.   

Ms. Gerri Martin, 16181Vinewood Avenue, expressed concerns regarding the General Plan.  

Mr. Bob Olson, Vinewood Avenue, submitted written questions on the domestic wastewater plant.  

Ms. Collette Alvernaz, Livingston, stated that she feels the Court Theater project should be completed . In addition, Ms. Alvernaz had concerns about the need for the 42’ sewer pipe line.

Julian Bigler Vinewood Ave. Mr. Bigler noted that he purchased a farm on West Vinewood with the intention of retiring there. Mr. Bigler noted that he had not received notice and requested additional time for public comment on the General Plan.  He stated that he feels expanding the City to this degree is uncalled for. 

Heather Freisen, 929 Opal Court. Ms. Freisen stated that she received her water bill, and was happy to see comments on the bottom of the bill to conserve water. Ms. Freisen noted that this will be a drought year and that it is important to conserve water. Ms. Friesen suggested that the City implements a watering schedule that was in practice a few years ago.

Doug Wells, 16509 River Road. Mr. Wells expressed concern regarding the General Plan and the comments submitted by farmers that have not been heard. Mr. Wells discussed the future of the City.  Mr. Wells also discussed the need to conserve water and suggested that the residents should only water twice per week.  

Mr. Borges, Representative for Mike Gallo. Mr. Borges stated for the record that Mr. Gallo does own the 300 acres of land east of the Domestic Wastewater Treatment Plant and discussed that the plan to build here has been in place for at least ten (10) years. In addition Mr. Borges noted that Mr. Gallo has followed the process for building and complied with all requirements for such.

Gabriel Maldonado noted that while listening to the public comments, it appears there is lack of communication.

 PUBLIC HEARINGS

2. City Council Health Benefits

Mayor Gurpal Samra opened the public hearing at 7:43 p.m.

Gilbert Reyes, stated opposition to City Council health benefits when they refuse a pay raise to the Police.

Warren Urnberg, 8th Street, commented that he supports the idea of benefits for Council. Mr. Urnberg noted that if the benefits will not be offered, he suggests using the money for Police.

Mohani Thiara, commented that she also supports the money budgeted for Council benefits should be redirected to the Police.

Mayor Gurpal Samra Closed to the public hearing at 7:49 p.m.

Several Council Members noted that the item was placed on the agenda, however it was not the favor of the Council to approve this item.

It was M/S Vierra/Soria to not provide health insurance benefits to Council members and to leave the money in the appropriate accounting funds and reevaluate the use of these funds during the mid-year budget review. The motion carried 5-0 by the following vote:

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

NOES:             Council Members:       None

ABSENT:         Council Members:       None

 

3. Resolution to Adopt an Initial Study and Mitigated Negative Declaration for the Industrial Wastewater Treatment Plant Upgrade.

Rebecca Cremeen from PMC gave a presentation on the industrial wastewater treatment plant upgrade. In addition, City Attorney, Mark Mulkerin provided background information.

Mayor Gurpal Samra opened the public hearing at 8:04 p.m.

Henry Garcia, 1442 2nd Street. Mr. Garcia inquired about the survey and who approves.

Doug Wells, River Road. Mr. Wells asked about the previous violation.

     Mayor Gurpal Samra closed the public hearing at 8:10 p.m.

It was M/S Vierra/Ingram to approve the resolution 2007-41 to Adopt an Initial Study and Mitigated Negative Declaration for the Industrial Wastewater Treatment Plant Upgrade. Motion carried 5-0 by the following vote:

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

NOES:             Council Members:       None

ABSENT:         Council Members:       None

CONSENT CALENDAR

Mayor Pro-Tem Ingram requested that check #63523 be pulled from the register for discussion and check # 63499 be held for a separate vote due to conflict of interest.

4. Approval of Warrant Register Dated August 28, 2007.

5. Approval of Joint City Council and Planning Commission Meeting Minutes August 14, 2007.

6. Denial of Claim for Damages from Silicon Bay Property Management.

7. Removed from the Agenda

It was M/S Soria/Espinoza to approve the consent agenda with the removal of Agenda Item #7 and the abovementioned checks held. The motion carried 5-0

Mayor Pro-Tem Ingram requested clarification on check #63523 to Merced Association of Governments. Richard Warne explained that the check covered two invoices to one vendor. There was discussion on this as Mayor Pro-Tem opposed paying for the “One Voice” fee on the invoice and requested that the other fee be paid only.

It was M/S Ingram/Espinoza to hold $5,777.00 and to pay $3,435.00 to Merced Association of Governments. Motion carried 5-0

It was M/S Soria/Vierra pay check #63499 to Rodrigo Espinoza. Motion carried 4-0-1 Council member Espinoza left the room due to a conflict of interest.

      DISCUSSION AND POTENTIAL ACTION ITEMS  

8.   City Manager Announcements and Reports.  

      City Manager Warne stated he had nothing further to report.   

ADJOURNMENT  

The meeting was adjourned at 8:21 p.m.

 

                                                                                   ________________________________

City Clerk of the City of Livingston

APPROVED:  September 18, 2007

___________________________

 Mayor or Mayor ProTempore

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