April 1, 2008

 

MEETING MINUTES

TRAINING SESSION/CLOSED SESSION/

REGULAR MEETING

LIVINGSTON CITY COUNCIL

APRIL 1, 2008

 

The Livingston City Council met on April 1, 2008, in the City Council Chambers for an SB 1234 Training Session, Closed Session and Regular Meeting. Mayor Samra presided at the Closed Session and Regular Meeting.

 

SB 1234 TRAINING SESSION

The City Council and staff participated in a training session on SB 1234 led by City Attorney Subramanian representing the Law Firm of Best Best & Krieger. The training session covered general ethics and principles. This was the first of a mandatory two-hour training session to comply with California SB 1234 ethics training requirements.

 

CLOSED SESSION

Mayor Samra opened the meeting at 6:31 p.m.

 

ROLL CALL

Mayor Gurpal Samra

Mayor Pro-Tem William Ingram

Council Member Frank Vierra

Council Member Rodrigo Espinoza

Council Member Roy Soria

 

Also present were City Manager Warne, Assistant City Manager/Finance Director Lewis, and City Attorney Subramanian.

 

The Council went into Closed Session at 6:32 p.m. to discuss the following matters:

Page 2 of 8

 

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

Property: APN #024-134-005. Negotiating Parties: City Manager Richard N. Warne. Under Negotiation: Price, Terms of Payment. tion 54956.8.

Property: APN #024-134-006.

 

2. Conference with Real Property Negotiator—Government Code Sec Negotiating Parties: City Manager Richard N. Warne. Under Negotiation: Price, Terms of Payment.

 

3. Conference with Real Property Negotiator—Government Code Section 54956.8. Property: APN #024-134-007. Negotiating Parties: City Manager Richard N. Warne.

Under Negotiation: Price, Terms of Payment.

 

4. Conference with Legal Counsel—Anticipated Litigation. Significant Exposure to Litigation. Government Code 54956.9(b). 1 Case.

 

The Closed Session ended at 6:53 p.m.

 

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:54 p.m.

 

REGULAR MEETING

 

CALL TO ORDER

Mayor Samra called the meeting to order at 7:09 p.m.

 

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag 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 reportable action. The Council gave direction to staff.

Page 3 of 8

 

CHANGES TO THE AGENDA

Motion: M/S Soria/Ingram to add Item 1-A relating to a Proclamation for National Public Safety Communications Workers’ Week. The motion carried 5-0.

 

Council Member Vierra asked that Item No. 3 on the Consent Agenda (Merced County

Association of Governments Work Program and Budget for Fiscal Year 2008/2009) be pulled for discussion as well as Warrant No. 65024.

 

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Glen Unruh Retirement Presentation. Glen Unruh was not present. Mayor Samra gave a speech regarding Mr. Unruh’s 30 years of service in the City’s Public Works Department and also read the inscription on a plaque that will be presented to Mr. Unruh.

 

1A. Mayor Samra read the Proclamation relating to National Public Safety Telecommunications Workers’ Week.

 

ANNOUNCEMENTS AND REPORTS

 

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo’s Administrative Assistant gave the following reports:

• Apologized for the Supervisor’s absence and noted he had another event to attend.

• On behalf of Supervisor Pedrozo, apologized for not attending the annual Sikh parade the previous Sunday.

• May 12, 2008, is Rail Safety Week in Merced County. Information will be provided to the media. Resource information will be given out to all schools as well.

• Supervisor Pedrozo has been elected Chairman for the High Speed Rail System Road Committee; the term is for two years.

• Reminded the public that he has office hours at City Hall the second and fourth Thursdays of the month from 9:00 a.m. to 11:00 a.m.

 

City Council Members’ Announcements and Reports.

 

Council Member Soria

• No reports.

Council Member Espinoza

• No reports.

 

Page 4 of 8

 

Mayor Pro-Tem Ingram

• Attended a LAFCO meeting. LAFCO wants the cities and the County to pitch in

on equipment to televise their meetings. Mayor Samra asked Mayor Pro-Tem Ingram about the benefits the citizens are receiving. Where will meetings be broadcasted. Why would Livingston pitch in if we can’t see the broadcast.

 

Mayor Pro-Tem Ingram said he will take the request back to LAFCO and get back to the Mayor.

 

Council Member Vierra

• Asked for clarification on the end results of the last Council meeting regarding RV parking and carports. He understood that the Council only agreed to grandfather in metal structures. City Attorney Subramanian stated that all carport structures were grandfathered in, not just metal.

 

Council Member Vierra requested the item be placed on the next agenda to revisit the matter.

Mayor’s Announcements and Reports.

 

Mayor Samra

• Gave a report on the Sikh parade and festivities held last Sunday. Thanked everyone for their support. Complimented Police and Public Works personnel on

 outstanding job they do.

 

City Manager Announcements and Reports.

 

He and the Assistant City Manager prepared a report on the Foster Farms settlement:

• Three water meters will be installed at Foster Farms on Aril 12, April 19 and

April 26.

• Secondly, Foster Farms will install their own backflow devices.

• There will be a building permit fee. The City will have returned to it, 120 acres estimated at $200,000 an acre.

• Terminated an option agreement that allowed Foster Farms to purchase this land at $1,000/acre. Foster Farms will cleanout the wastewater ponds that are contaminated with sludge. They are going to assume 100% of the cost.

• City agrees to grandfather in buildings constructed without permits over the years

and not inspect the facilities.

 

Page 5 of 8

• City Manager Warne feels the City came out millions of dollars ahead. It did cost $980,000 in attorney fees.

• Announced the next City-County dinner meeting will be held on April 29th. Mayor Samra requested that City Manager Warne agendize the results of the settlement agreement between the City and Foster Farms.

 

PUBLIC HEARINGS

2. Resolution Approving Submittal of a Grant Application to the State Housing and Community Development (HCD) Department for a Community Development Block Grant (CDBG) to Support Reconstruction of the Court Theater.

 

Janelle York, grant writer, presented the agenda item

 

Mayor Samra opened the Public Hearing at 7:33 p.m.

 

Travis Wyatt, 1557 Montecito Way, commented that he knows the Council wants to revitalize the downtown, but the businesses coming in to rent the offices support low income people.

 

Mayor Samra asked Ms. York if the Council can limit who can lease the offices.

 

Ms. York replied that the grant does require the City to consider agencies helping low income residents, but the Council must vote on who is to lease the offices.

 

Mayor Samra closed the Public Hearing at 7:41 p.m. as there were no further comments from the public.

 

Council Member Soria feels the grant is a great idea.

 

Council Member Espinoza is concerned with the parking issue.

 

Council Member Vierra thinks the City is a long way from determining who the tenants will be.

 

Mayor Pro-Tem Ingram agreed with his fellow Council Members and feels the Council should move forward with the grant submittal.

 

Mayor Samra asked if the Council is restricting itself by applying for this grant.

 

Ms. York said she would have to look into this as she was not sure.

 

Jasmin Bains, Senior Accountant, commented that it was in the best interests of the City to apply for CDBG funds. It is a very competitive process.

 

Page 6 of 8

 

Motion: M/S Vierra/Ingram to adopt Resolution No. 2008-16 approving submittal of a grant application to the State Housing and Community Development (HCD) Department for a Community Development Block Grant (CDBG) to support reconstruction of the Court Theater.

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

 

CITIZEN COMMENTS

Katherine Schell Rodriguez, P.O. Box 63, Livingston, commented she attended the last movie shown in the Court Theater and hopes to live to see it revitalized.

 

Travis Wyatt is concerned about accessory buildings being constructed next to property lines. He worked for the City for four years and knows the need for a Code Enforcement Officer. He doesn’t understand why the Council does not want a code enforcer. There are sheds, garages, fencing and other buildings being erected without building permits.

 

Mike Torres 1616 Eighth Street, is glad to hear someone address the code enforcement issue. He asked about the procedure for obtaining Council Members’ phone numbers.

 

City Manager Warne commented that he will inform City Hall office staff that they can give out phone numbers for Council Members.

 

Mr. Torres asked about the carports surveyed and its cost.

 

City Manager Warne commented that he would have a City employee cover so there wouldn’t be an additional cost.

 

Colette Alvernaz, P.O. Box 255, Livingston, commented that she was told by Council Member Ingram that he has requested copies of her letters and the City has not given them to him. She gave him a set.

 

Mrs. Alvernaz further commented that since the last Council meeting, Donna Barnes has written to her and while she appreciates this, she feels the City should be more forthcoming with copies of the minutes. She wants to know which developers have been billed for GPU and EIR work and wants a written response.

 

CONSENT CALENDAR

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

 

3. Approval of Merced County Association of Governments Work Program and Budget for Fiscal Year 2008/2009.

4. City of Livingston Access to Public City Council Meeting Minutes: Policy and Procedure.

 

Page 7 of 8

 

5. Waive the Second Reading and Adopt Ordinance No. 566, an Ordinance of the City Council of the City of Livingston Amending Chapter 14 to Title 1 of the Livingston Municipal Code Regarding Claims Against the City of Livingston.

 

6. Approval of Warrant Register Dated March 26, 2008.

 

7. Approval of Minutes of City Council Meeting Held on March 4, 2008.

 

8. Approval of Minutes of City Council Meeting Held on March 18, 2008.

 

At the request of Council Member Vierra, Item No. 3 was pulled for discussion as well as Warrant No. 65024.

 

Motion: M/S Soria/Vierra to approve the Consent Calendar with the exception of Item

 

No. 3 and Warrant No. 65024. The motion carried 5-0.

 

Discussed Warrant 65024. This is a reimbursement for Red Ribbon Week expenditure. It was then determined that it should be Warrant No. 65025, not Warrant No. 65024.

 

Motion: M/S Ingram/Espinoza to approve Warrant No. 65025. The motion failed to carry.

 

Motion: M/S Vierra/Ingram to approve Warrant No. 65024. The motion carried 5-0.

 

Motion: M/S Ingram/Espinoza to approve Warrant No. 65025. The motion carried 4-0-

 

1, with Council Member Vierra abstaining due to a conflict of interest.

 

Marjie Kirn, representing the Merced County Association of Governments, was present to answer questions regarding Item No. 3. Lengthy discussion followed.

 

Motion: M/S Ingram/Espinoza to approve Item No. 3 relating to MCAG. The motion carried 3-2-0, with Council Members Vierra and Soria voting no.

 

DISCUSSION AND POTENTIAL ACTION ITEMS

None.

ADJOURNMENT

 

The meeting was adjourned by consensus at 8:13 p.m.

Page 8 of 8

________________________________

City Clerk of the City of Livingston

APPROVED: April 15, 2008

____________________________

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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3 thoughts on “April 1, 2008

  1. Pingback: A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 4— January 2008 through October 2008 « Thegardeningsnail’s Weblog

  2. Pingback: A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 6— Some Background Information and a Brief Recap of What Happened Between 1995 and June 2009 « Thegardeningsnail's

  3. 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...)

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