April 15, 2008

 

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

APRIL 15, 2008

 

A Closed Session/Regular Meeting of the Livingston City Council was held on April 15, 2008, in the City Council with Mayor Pro-Tem Ingram presiding in the absence of Mayor Samra.

 

CLOSED SESSION

Mayor Pro-Tem Ingram called the meeting to order at 6:17 p.m.

 

ROLL CALL

Mayor Gurpal Samra (Excused Absence)

Mayor Pro-Tem William Ingram

Council Member Frank Vierra (Excused Absence)

Council Member Rodrigo Espinoza

Council Member Roy Soria

 

Also in attendance were City Manager Warne, Assistant City Manager/Finance Director Lewis, City Attorney Subramanian, Community Development Director Kenney, Public Works Director Creighton and City Engineer Gottiparthy.

 

The Council went into Closed Session at 6:18 p.m. to discuss the following matters:

 

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

Agency Negotiator: City Manager Richard N. Warne

Employee Organization: AFSCME, District Council 57, Public Works/Parks Employees Association.

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

 

Page 2 of 7

 

The Closed Session ended at 6:56 p.m.

 

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:57 p.m.

 

REGULAR MEETING

 

CALL TO ORDER

Mayor Pro-Tem Ingram called the meeting to order at 7:03 p.m.

 

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

 

CLOSED SESSION ANNOUNCEMENTS

There was no reportable action. The Council gave direction to staff.

 

CHANGES TO THE AGENDA

City Manager Warne asked that Item No. 11 be pulled from the agenda and tabled to the May 6,

2008, regular meeting. The item pertains to an interim ordinance adopting and imposing a

temporary moratorium on the conversion of Mobile Home Parks to residential ownership and/or

single family residences pursuant to Government Code Section 65858.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

None.

ANNOUNCEMENTS AND REPORTS

 

Supervisor John Pedrozo Announcements and Reports.

• Reminded everyone about Rail Safety Week.

• There is a San Joaquin Valley Rail meeting next week. He will give a report at the next City Council meeting.

• Expressed his condolences to Council Member Vierra upon the passing of his mother.

• He will attend the Court Theater Wine and Cheese Affair on April 20th.

 

City Council Members’ Announcements and Reports.

 

Council Member Espinoza

• Asked Public Works to check on and fix broken sprinklers at Montcliff and

 

Page 3 of 7

Kensington and at F Street and Barcelona.

 

Council Member Soria

• No reports.

 

Mayor Pro-Tem Ingram

• No reports.

 

Mayor’s Announcements and Reports.

 

• Mayor Samra absent.

 

PUBLIC HEARINGS

None.

 

PUBLIC COMMENTS

Warren Urnberg, 1331 Eighth Street, commented on the $94,000 that was budgeted for insurance for the elected officials. What happened to it?

 

Mr. Urnberg also asked about the $61,000 the City spent on attorney’s fees for the last elections

and what is being done about this expenditure

 

Mr. Urnberg further commented on the City Manager’s contract, a Council action he feels is illegal, and requested an outside attorney investigate this matter.

 

Colette Alvernaz, P.O. Box 255, Livingston, stated that both the City Attorney and Donna Barnes informed her there were no minutes available for two meetings. Why not? She asked that Item #5 be pulled for discussion.

 

Mike Torres, 1616 Eighth Street, again requested that the agenda be placed on Channel 2 and asked what action has been taken since he brought up this subject the last time.

 

Mr. Torres asked what causes an agenda item to be a consent item.

 

City Manager Warne explained the process of determining what items should be placed on the consent calendar.

 

Gregg Thomas, representing Joseph Gallo Farms, thanked the City for putting Item #5 on the agenda and explained the environmental contract is for an existing application of Gallo

 

 4 of 7

 

City Clerk Nateras read a list of questions and comments submitted by Katherine Schell Rodriguez, P.O. Box 163, Livingston, pertaining to the consent calendar (MCAG), written policy for City Council minutes, public records policy, warrant register, and the method of conducting City Council business.

 

City Manager Warne invited Mrs. Schell Rodriguez who was unable to speak due to illness, to come to City Hall to have her questions answered and said that some of her questions will be addressed on tonight’s agenda.

 

CONSENT CALENDAR

 

The following consent agenda items were presented to for the City Council’s consideration:

 

1. Proceedings Under the Landscape and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code, et. seq., for the Approval to Annex Territory into the City of Livingston Consolidated Landscape and Streetlight Maintenance Assessment District No. 1 as Annexation No. 14 (Gallo/Livingston Commons Commercial), Declaring the City’s Intention to Levy and Collect Assessments for Fiscal Year 2008/2009, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing (Resolution No. 2008-17).

 

2. Proceedings Under the Benefit Assessment Act of 1982, Government Code Section 54703, et. seq., Approving the Formation of City of Livingston Benefit Assessment District No. 16 (Gallo/Livingston Commons Commercial), Declaring the City’s Intention to Levy and Collect Assessments for Fiscal Year 2008/2009, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing (Resolution No. 2008-18).

 

3. Imitating Proceedings Under the Landscape and Lighting Act of 1972, Division 15, Part 2, of the California Streets and Highways Code, et. seq., Declaring the City’s Intention to Levy and Collect Assessments Within the City’s Landscape and Lighting Maintenance Assessment District for Fiscal Year 2008/2009, Approval of the Engineer’s Report and Setting a Time and a Place for a Public Hearing (Resolution No. 2008-19).

 

4. Initiating Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq., Declaring the City’s Intention to Levy and Collect Assessments Within the City’s Benefit Assessment Districts for Fiscal Year 2008/2009, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing (Resolution No. 2008-20).

 

5. Resolution Authorizing the City Manager to Enter into an Agreement with the Planning Center for the Environmental Assessment of the Gallo Mixed Use Project Site (Resolution No. 2008-21).

 

6. Resolution for the Acceptance of the First Street and Front Street Sidewalk Installation

Project, Authorizing the City Clerk to File a Notice of Completion with Merced County

and Authorizing the City Manager to Release Performance and Materials Bonds and to

make Final Payment to Teichert Construction (Resolution No. 2008-22).

Page 5 of 7

 

7. City of Livingston Public Records Policies and Procedures.

 

8. City of Livingston Travel Allowances and Business Expense Reimbursement Policies and Procedures.

 

9. Approval of Warrant Register Dated April 9, 2008.

 

10. Approval of Minutes of City Council Meeting Held on April 1, 2008.

 

City Manager Warne asked that item No. 5 be pulled for discussion.

 

Council Member Soria favored keeping the item on the consent calendar.

 

Pro Tem asked that the item be pulled from the consent agenda for discussion.

 

Motion: M/S Soria/Espinoza to approve the consent calendar with the exception of Item No.

 

5. The motion carried 3-0-2.

 

At the request of Mayor Pro-Tem Ingram, Community Development Director Kenney presented Item No. 5, an item authorizing the City Manager to enter into contract with Planning Partners for the environmental assessment of the Gallo Mixed Use Project.

 

Mike Torres had concerns regarding the project and noted that the entire item says its 400 acres. The item is on the consent calendar and there is no information as to the project location and project plans.

 

Director Kenney explained the City has an agreement with Ranchwood Homes and Gallo. They did not receive project level analysis in the City’s General Plan EIR, so the City will supervise their individual EIRs. They have an annexation application submitted.

 

Gregg Thompson stated staff is asking for an approval of this particular firm not approval of an environmental document.

 

Mike Torres asked for the name of the firm. Staff replied the firm name is the Planning Center.

 

Colette Alvernaz asked that the Council not make a decision on Item #5 tonight because she hasn’t done any research on the project.

Council Member Espinoza and Mayor Pro-Tem explained to Mrs. Alvernaz that this item is only to approve a firm to come in and prepare an environmental study. The developers will come before the City Council at a later date to approve the actual project.

 

Mrs. Alvernaz commented that this document was for the annexation to the City.

 

City Manager Warne explained the annexation won’t take place until after the General Plan

 

Update is complete.

 

Page 6 of 7

 

Motion: M/S Espinoza/Soria to approve Item No. 5 as presented. The motion carried 3-0-2.

 

DISCUSSION AND POTENTIAL ACTION ITEMS

 

11. Waive the First and Second Readings and Adopt an Interim Ordinance of the City Council of the City of Livingston Adopting and Imposing a Temporary Moratorium on the Conversion of Mobile Home Parks to Residential Ownership and/or Single Family Residences Pursuant to Government Code Section 65858.Pulled from the agenda and tabled to the regular meeting of May 6, 2008.

 

12. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Title 7, Chapter 4 of the Livingston Municipal Code Relating to Fireworks.

 

City Manager Richard presented the item and asked for approval and next time have the drawing.

 

Council Member Soria commented that this gives everyone an opportunity to participate.

 

Mayor Pro-Tem Ingram commented that he has received concerns by citizens as to why the City automatically has the right to operate a booth.

 

City Manager Warne explained that this ordinance will automatically eliminate the City from booth competition.

 

Motion: M/S Soria/Espinoza to introduce and waive the first reading of Ordinance No. 567, an Ordinance of the City Council of the City of Livingston Amending Title 7, Chapter 4 of the Livingston Municipal Code Relating to Fireworks. The motion carried 3-0-2 by the following vote:

 

AYES: Council Members: Espinoza, Ingram, Soria

NOES: Council Members: None

ABSENT: Council Members: Samra, Vierra

 

13. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Establishing Policies, Rules and Regulations Governing Disaster Preparedness and Response Management and Coordination Within the City of Livingston and Adding Chapter 17 to Title 1 of the Livingston Municipal Code.

 

City Manager Warne presented the agenda item.

 

Mike Torres commented that there is already an ordinance in place.

 

City Manager Warne said he will look into this.

 

Motion: M/S Soria/Espinoza to introduce and waive the first reading of Ordinance No. 568, an Ordinance of the City Council of the City of Livingston Establishing Policies, Rules and Regulations Governing Disaster Preparedness and Response Management and

 

Page 7 of 7

 

Coordination Within the Cit of Livingston and Adding Chapter 17 to Title 1 of the Livingston Municipal Code. The motion carried 3-0-2 by the following vote:

 

AYES: Council Members: Espinoza, Ingram, Soria

NOES: Council Members: None

ABSENT: Council Members: Samra, Vierra

 

14. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Repealing and Reserving Chapter 3 of Title7 of the Livingston Municipal Code Governing Fire Limits.

 

City Manager Warne presented the agenda item.

 

Motion: M/S Soria/Espinoza to waive the first reading and introduce Ordinance No. 569, an Ordinance of the City Council of the City of Livingston Repealing and Reserving Chapter 3 of Title 7 of the Livingston Municipal Code Governing Fire Limits. The motion carried 3-0-2 by the following vote:

 

AYES: Council Members: Espinoza, Ingram, Soria

NOES: Council Members: None

ABSENT: Council Members: Samra, Vierra

 

15. City Manager’s Announcements and Reports.

 

Commented the City has provided Colette Alvernaz with 1,458 pages of documents she has requested.

 

ADJOURNMENT

The meeting was adjourned by consensus at 8:17 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: May 6, 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

 

2 thoughts on “April 15, 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

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