December 16, 2008

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

DECEMBER 16, 2008

 

 

 

A Closed Session/Regular Meeting of the Livingston City Council was held on December 16, 2008, in the City Council Chambers with Mayor Varela presiding.

 

CLOSED SESSION

 

Mayor Varela opened the meeting at 6:04 p.m.

 

ROLL CALL

 

   Mayor Daniel Varela, Sr.

   Mayor Pro-Tem Rodrigo Espinoza

   Council Member Frank Vierra

   Council Member Margarita Aguilar

   Council Member Martha Nateras

 

The Council went into Closed Session at 6:05 p.m. for the following matters:

 

1.     Conference with Legal Counsel—Existing Litigation pursuant to Subdivision (a) of Government Code Section 54956.9.  Merced County Farm Bureau v. City of Livingston, Valley Advocates v. City of Livingston.

 

2.  Conference with Legal Counsel—Anticipated Litigation.  Significant exposure to litigation pursuant to Government Code Section 54956.9(b).  (2 cases).        

 

Also present for the first item under Closed Session were John Eastman and John Hale, EIR Special Counsel, City Manager Warne and Assistant City Manager/Finance Director Lewis.

 

Mayor Varela left the Council Chambers at 6:20 p.m. during discussion of Item #2 due to a conflict of interest. 

 

Present for the second item were Council Members Aguilar, Espinoza, Nateras and Vierra; City Manager Warne, Assistant City Manager/Finance Director Lewis; and City Attorney Subramanian.

 

The Closed Session ended at 6:47 p.m.

 

OPEN SESSION

 

The Council came out of Closed Session and into Open Session at 6:48 p.m.

 

REGULAR MEETING

 

CALL TO ORDER

 

Mayor Varela called the meeting to order at 7:00 p.m.

 

PLEDGE OF ALLEGIANCE

 

The pledge of allegiance was led by Marine Corporal Benito “Benny” Armenta Aguilar.

 

ROLL CALL

 

   Mayor Daniel Varela, Sr.

   Mayor Pro-Tem Rodrigo Espinoza

   Council Member Frank Vierra

   Council Member Margarita Aguilar

   Council Member Martha Nateras

 

CLOSED SESSION ANNOUNCEMENTS

 

The City Council voted 5-0 to retain the firm of  Kronick Moskovitz Tiedemann and Gerard of Sacramento to handle all matters pertaining to any City General Plan litigation or General Plan Environmental Impact Report (EIR).

 

CHANGES TO THE AGENDA

 

None.

 

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

 

1.     Mayor Varela presented a Special Recognition Certificate to Livingston Middle School student Isakk Mireles who was chosen to attend the Presidential Inauguration in Washington, D.C. in January 2009.

 

Isakk Mireles expressed his appreciation to the City Council, his school and family for the opportunity to attend President Obama’s inauguration.

 

2.     Mayor Varela presented a Special Recognition Certificate to Haidar Anwar, a Livingston High School student who was selected to attend the January 2009 Presidential Inauguration in Washington, D.C.

 

Haidar Anwar thanked everyone that helped make his trip to Washington, D.C. possible.

 

3.     Mayor Varela presented a Special Recognition Certificate to Marine Corporal Benito “Benny” Armenta Aguilar for his service in our armed forces.  He has just reenlisted in the Marines.

 

Marine Corporal Aguilar states he has served in Iraq and loved his family, community and country.

 

4.     Resolution of the City Council of the City of Livingston Approving the Appointment of Donna Barnes for the Office of City Clerk and Administer the Oath of Office.

 

Motion:  M/S Espinoza/Nateras to adopt Resolution No. 2008-61 approving the appointment of Donna Barnes for the Office of City Clerk.

 

Ms. Barnes was sworn in as City Clerk by Vickie Lewis, Deputy City Clerk.

 

5.     City Council Appointments to City Boards, Commissions and Committees.

 

Mayor Varela made recommendations for City Council appointments to City Boards, Commissions and Committees and the City Council voted as follows:

 

Motion:  M/S Aguilar/Nateras to appoint Mayor Varela as the City’s representative on the Merced County Association of Governments (MCAG) Governing Board.  The motion carried 5-0. 

 

Motion: M/S Nateras/Aguilar to appoint Mayor Pro-Tem Espinoza as the alternate member on the Merced County Association of Governments (MCAG) Governing Board.  The motion carried 5-0.

 

Motion:  M/S Vierra/Nateras to appoint Mayor Pro-Tem Espinoza as the City liaison to the Merced County Local Agency Formation Commission (LAFCO).  The motion carried 5-0.

 

Motion:  M/S Nateras/Aguilar to appoint Council Member Vierra as the City representative to the Central Valley Division League of California Cities (CVDLCC).  The motion carried 5-0.

 

Motion:  M/S Vierra/Varela to appoint Council Member Nateras as the alternate representative to the Central Valley Division League of California Cities (CVDLCC).  The motion carried 5-0.

 

Motion:  M/S Vierra/Espinoza to appoint Council Member Nateras as the City liaison to the Livingston Planning Commission.  The motion carried 5-0.

 

Motion:  M/S Espinoza/Varela to appoint Council Member Aguilar to the City Warrant Review Committee.  The motion carried 5-0.

 

Motion:  M/S Aguilar/Varela to appoint Mayor Pro-Tem Espinoza to the City Warrant Review Committee.  The motion carried 5-0.

 

Motion:  M/S Espinoza/Nateras to appoint Council Member Aguilar as the City liaison to the Livingston Parks and Recreation Commission.  The motion carried 5-0.

 

Motion:  M/S Aguilar/Vierra to appoint Council Member Nateras as the City liaison to the Livingston Citizens’ Advisory Committee.  The motion carried 5-0.

 

Motion:  M/S Espinoza/Varela to appoint Council Member Vierra as the City liaison to the Court Theater Committee.  The motion carried 5-0.

 

Motion:  M/S Vierra/Varela to appoint Council Member Aguilar as the City liaison to

the Court Theater Committee.  The motion carried 5-0.

 

6.     Appointment of a City Council Member and Alternate to the Special City Selection Committee.

 

Motion:  M/S Vierra/Nateras to appoint Mayor Varela as the City’s representative for the Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board.  The motion carried 5-0.

 

Motion:  M/S Aguilar/Varela to appoint Mayor Pro-Tem Espinoza as the alternate member on the Special City Selection Committee for the San Joaquin Valley Air Pollution Control Board.  The motion carried 5-0.

 

7.     Merced Union High School District Presentation.

 

Present to present a status report for the Livingston High School expansion plan were Ralph Calderon, Livingston High School Principal; Scott Scambray, Merced Union High School District Superintendent; Diane Hockersmith, Deputy Superintendent; and local advocate Russ Winton.

 

Mr. Calderon provided the City Council with a handout for the Livingston High School expansion that contained the following information:

 

1.     Measure M received a big “thumbs up” from voters in Livingston.  It received a 71% approval rate.       

 

2.     Measure M provides Livingston High School with:

 

a.      Athletic fields on the south side of Peach Street – Winter 2009.

b.     Twelve room classroom wing – Fall 2009.

c.     Second larger gym – Fall 2009.

d.     New cafeteria – Fall 2012.

e.      Eight room classroom wing – Fall 2013.

f.       Library expansion – Fall 2013.

g.     Administration office expansion – Fall 2013.

 

3.     Total proposed expenditures on Livingston High School are $52 million.

 

4.     A minimum of 50% to be awarded to local contractors.

 

5.     Proposal – Close Peach Street at Seventh and Main Street verses the rerouting of Peach Street.

 

a.      Savings of $3 million to reroute Peach Street is reinvested to upgrade athletic fields.

b.     Lighted fields and diamonds.

c.     Permanent concession stand and restroom facilities.

d.     Pave football stadium parking lot.

e.      Develop a joint use agreement to allow Livingston High School students

and the Livingston community to benefit from upgraded facilities.

 

City Manager Warne noted several alternatives have been considered by the Livingston City Council, but the Mayor and City Council had not made a decision.  They are:

 

1.     Close Peach Avenue at Seventh Street and Main Street.

 

2.     Close Peach Avenue at Seventh Street and Main Street and reroute Peach Avenue to the south.

 

3.     Raise Peach Avenue at Seventh Street and Main Street.

 

4.     Widen Peach Avenue where it exists and install a pedestrian overpass.

 

ANNOUNCEMENTS AND REPORTS

 

Supervisor John Pedrozo Announcements and Reports.

 

Supervisor Pedrozo made the following reports:

 

·        Kathleen Crookham is the out-going member of the Board of Supervisors.  Hub Walsh will begin his term in January 2009.

·        High Speed Rail meetings and continued support of passenger rail funding.  He noted there is an attempt to resurrect the High Speed Rail Committee within the County.  They are looking for representatives from each city to serve on the Committee.

·        Wished everyone a Merry Christmas.

 

     City Council Members’ Announcements and Reports.

 

     Council Member Vierra

 

·        Livingston High School basketball team is 7-1.  The team won a tournament this week and will be playing in Tracy.

·        Noted Haidar Anwar’s additional involvement at Livingston High School and the Key Club.

·        Reported the Key Club collected approximately $1,019 for Toys for Tots.

·        Requested that animal control be placed on the agenda for future discussion.

 

Mayor Pro-Tem Espinoza

 

·        Asked  about the documentation of non-conforming use carports.  City Manager Warne noted the progress is being made on he project and the City was approximately one half completed.

 

     Council Member Nateras

 

·        Commented on the kick-off meeting for the Relay for Life and thanked everyone for their support.

·        Wished everyone a Merry Christmas and Happy New Year.

 

     Council Member Aguilar

 

·        Acknowledged the efforts made for the lighted Christmas parade and thanked everyone who participated.  She also thanked Council Member Nateras for her efforts with the City Council float.

·        Attended the Central Valley Division League of California Cities dinner meeting in Manteca which she found informative.

·        Commented on the Tree Partnership Program.  She met with former Council Member Bill Ingram to discuss the types of trees to be considered for the City that will benefit our future environment.  Further information can be obtained by logging on to www.arbordayfoundation.com.

·        Spoke about the Livingston Community Network, a group of citizens who assist in bringing scholarships to the community’s students.  She encouraged other Council Members to get involved and attend meetings which are held the second Saturday of each month at the Fuentes Plaza.

 

     Mayor’s Announcements and Reports.   

 

     Mayor Varela

 

·        Said he is proud of the two students going to Washington, D.C. and thanked them again.

·        Reminded the community that his business cards are available at City Hall and residents should feel free to contact him.

·        Noted the success of the lighted Christmas parade and thanked Council Members Nateras and Espinoza for their efforts on the City Council float.

·        Wished everyone a Merry Christmas.

·        Encouraged people to bring their concerns to him or the City Manager directly in an effort to resolve issues more rapidly and make better use of City Council meeting time.

 

PUBLIC HEARINGS

 

None.

 

CITIZEN COMMENTS

 

Katherine Schell Rodriguez, P.O. Box 163, Livingston, read  a poem honoring military service members and their families.

 

Colette Alvernaz, P.O. Box 574, Livingston, read an article written by her daughter Nichole that was published in the Valley Land Alliance, Winter 2008 issue.

 

Gerri Martin, 16981 W. Vinewood, thanked the Fire Department for the quick response to a recent fire on her property.

 

CONSENT CALENDAR

 

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

 

8.     Waive the Second Reading and Adopt Ordinance No. 576, an Ordinance of the City

Council of the City of Livingston Amending Title 9, Chapter 5 of the Livingston Municipal Code Relating to Establishing Policies, Rules and Regulations Governing the Provision of Water Services in the City of Livingston.

 

9.     Approval of Minutes of Meeting Held on December 2, 2008.

 

10. Approval of Warrant Register Dated December 11, 2008.

 

Motion:  M/S Vierra/Nateras to approve the Consent Calendar items as presented.  The motion carried 5-0.

 

DISCUSSION AND POTENTIAL ACTION ITEMS

 

11. Introduce and Waive the First Reading of an Ordinance of the City Council of the

     City of Livingston Codifying Civil Code Section 2929.3 Relating to Failure to

     Maintain Vacant Residential Real Properties in Foreclosure.

 

Council Member Aguilar requested side-by-side of ordinance comparison in order to make a decision.  City Manager Warne noted the City usually provides an underlined strike-out version that shows changes to Council for comparison in the event there is an existing ordinance.  In this case, there is no existing ordinance.

 

Mayor Pro-Tem Espinoza requested a draft copy of the ordinance be provided to the Council several weeks prior to the meeting in order to have additional time to review.

 

M/S Espinoza/Aguilar to postpone this item to the next regular meeting.  The motion failed to carry by a vote of 3-2.

AYES:    Council Members: Espinoza, Aguilar

NOES:    Council Members: Nateras, Varela, Vierra

 

     Motion:  M/S Vierra/Nateras to waive the first reading of Ordinance No. 577, an

Ordinance of the City Council of the City of Livingston Codifying Civil Code Section 2929.3 Relating to Failure to Maintain Vacant Residential Real Properties in Foreclosure.  The motion carried 3-2 by the following vote:

     AYES:    Council Members: Nateras, Varela, Vierra

     NOES:    Council Members: Aguilar, Espinoza

     ABSENT:         Council Members: None

 

12. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Establishing Policies, Rules and Regulations Governing Grading, Erosion and Sedimentation Control and Adding Chapter 6 to Title 4 of the Livingston Municipal Code.

 

Motion:  M/S Vierra/Nateras to waive the first reading of Ordinance No. 578, an Ordinance of the City of Livingston Establishing Policies, Rules and Regulations Governing Grading, Erosion and Sedimentation Control and Adding Chapter 6 to Title 4 of the Livingston Municipal Code.  The motion 3-2 by the following vote:

AYES:    Council Members: Nateras, Varela, Vierra

NOES:    Council Members: Aguilar, Espinoza

ABSENT:         Council Members: None

 

13. Resolution Approving and Adopting an Amended Conflict of Interest Code Pursuant

     to the Political Reform Act of 1974.

 

Motion:  M/S Espinoza/Nateras to table this item to the next regular meeting.

The motion carried 5-0.

 

14. City Council Guidance on Appointments to the Citizens’ Advisory Committee and

     Parks and Recreation Commission.

 

City Manager Richard Warne stated that the terms of members of the Citizen’s Advisory Committee and Parks and Recreation Commission expire on January 31, 2009. 

 

Motion:  M/S Varela/Vierra to advertise the vacancies in the usual manner of newspaper articles, posting, the City website and the community cable access channel.

 

15. City Manager Announcements and Reports.

 

None.

 

ADJOURNMENT

 

The meeting was adjourned by consensus at 8:38 p.m.

 

 

                                                                   ______________________________

                                                                    City Clerk of the City of Livingston

 

 

APPROVED:  January 20, 2009

 

 

_____________________________

 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 “December 16, 2008

  1. Pingback: A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 4— October,2008 through June 2009 « 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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