CLOSED SESSION/REGULAR MEETING
LIVINGSTON CITY COUNCIL
DECEMBER 2, 2008
A Closed Session/Regular Meeting of the Livingston City Council was held on December 2, 2008, in the City Council Chambers.
CALL TO ORDER
Mayor Samra called the meeting to order at 7:07 p.m.
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.
Mayor Gurpal Samra
Mayor Pro-Tem William Ingram
Council Member Frank Vierra
Council Member Rodrigo Espinoza
Council Member Roy Soria
CHANGES TO THE AGENDA
CONFIRMATION OF CANVASS OF MUNICIPAL ELECTION
1. Resolution of the City Council of the City of Livingston Confirming the Canvass by the Merced County Clerk of the Results of the General Municipal Election of November 4, 2008, Held in and for the City of Livingston and Declaring the Results of Said Election.
Motion: M/S Ingram/Soria to adopt Resolution No. 2008-58, Confirming the Canvass by the Merced County Clerk of the Results of the General Municipal Election of November 4, 2008, Held in and for the City of Livingston and Declaring the Results of Said Election. 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
OATHS OF OFFICE
2. City Clerk will administer the Oaths of Office to Mayor-elect, Council Members-elect, and City Treasurer-elect. City Clerk Nateras administered the Oaths of Office to Mayor-elect Daniel Varela, Sr., Council Members-elect Margarita A. Aguilar and Frank Vierra, City Treasurer-Antonio Silva and Deputy City Clerk Donna Barnes. Administration of the Oath of Office to Council Member-elect Martha S. Nateras. Deputy City Clerk Barnes administered the Oath of Office to Council Member-Elect Martha S. Nateras.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
3. Mayor Varela will present plaques to out-going Mayor, Council Members and City Clerk. Mayor Varela presented service recognition plaques to out-going Mayor Gurpal Samra, Council Members William Ingram and Roy Soria, and City Clerk Martha S. Nateras.
4. Special Student Presentation – Izzak Mireles. Izzak Mireles was not present. The Council postponed the presentation to the next regular meeting.
5. Livingston Community Network Invitation. Luis Delacruz, Irene Delacruz and Ramon Avila, representing the Livingston Community Network, invited elected and school officials and the community to a holiday reception on December 8, 2008, from 5:30 p.m. to 7:00 p.m., at Jaime Fuentes’ insurance office on B Street.
6. Relay for Life Presentation.
Celeste Herrera and Shiela Duberenz, gave an overview of Relay for Life and showed a
of the event. Council Member Nateras invited and encouraged the community to get involved in the 24-hour event slated for May 16-17, 2009, at the Livingston High School track.
CITY COUNCIL REORGANIZATION
7. Nomination and Election of Mayor Pro-Tempore. The Mayor stated his reasons for recommending to the City Council that Frank Vierra be appointed Mayor Pro-Tempore.
Motion: M/S Varela/Nateras to nominate and elect Frank Vierra as Mayor Pro-Tempore.
Council Member Aguilar asked if there could be additional nominations. She nominated Council Member Rodrigo Espinoza. Council Member Espinoza seconded the motion.
City Manager Warne asked the City Attorney which motion should the City Council vote
City Attorney Subramanian said the Council should vote on the most recent motion. Rodrigo Espinoza was elected Mayor Pro-Tempore by a vote of 5-0.
8. Discuss and Make City Council Appointments to City Boards, Commissions and Committees. Mayor Varela requested this item be postponed to the next meeting.
Motion: M/S Nateras/Espinoza to postpone the item to the regular meeting of December 16, 2008. The motion carried 5-0.
ANNOUNCEMENTS AND REPORTS
Supervisor John Pedrozo Announcements and Reports.
• Administrative Assistant Juan Corona congratulated the new Council Members.
• Mr. Corona assists Supervisor Pedrozo with interpreting in Spanish.
City Council Members’ Announcements and Reports.
Mayor Pro-Tem Vierra
• Welcomed the new Mayor and Council Members.
Council Member Nateras
• Thanked the community for their votes and said she will do her best to serve all residents.
Council Member Aguilar
• Also thanked the community and encouraged attendance at City Council meetings.
• Stated she looks forward to working with the new Council.
Mayor’s Announcements and Reports.
• Thanked the community and his family for their support and encouragement.
Colette Alvernaz, P.O. Box 574, Livingston, recommended the City explore the use of solar power panels in new housing developments and the use of artificial turf. She commented that these options can save money, manpower for upkeep and water resources.
Kathryn Schell-Rodriguez, P.O. Box 163, Livingston, discussed the state of the economy and advised the new Council of the learning curve needed to be effective.
Pamela Tamez, 1440 Main Street, recommended that one way the City can save money is to not sit waiting in line at Starbucks in City vehicles.
The following consent agenda items were presented for the Council’s consideration.
9. Resolution No. 2008-59 Designating Certain Signatures for City Bank Accounts.
10. Resolution No. 2008-60 Approving a Plan and Budget to Utilize 2008/2009 1B Funds for Roadway Rehabilitation Within the City and to Authorize the City Manager to Act on the City’s Behalf for Matters Pertaining to Proposition 1B Funding.
11. Approval of Minutes of Meeting Held on November 18, 2008.
12. Approval of Warrant Register Dated November 21, 2008.
Motion: M/S Vierra/Espinoza to approve the Consent Calendar as presented. The motion carried 5-0.
DISCUSSION AND POTENTIAL ACTION ITEMS
13. City Council Guidance on Planning Commission Appointments. Motion: M/S Espinoza/Vierra to advertise the two vacancies in the usual manner. The motion carried 5-0.
14. City Council Guidance on Selection and Appointment of City Clerk. City Manager Warne outlined two options from which the Council could choose:
1. The City Council could advertise, interview and appoint a City Clerk.
2. The City Council could appoint a City Clerk from among its regular City employees. The City Manager would be directed to hire a minute taker for the meetings through the normal City recruitment process. The minute taker can be a current City employee, a new part-time at will employee or an independent contractor. A couple of current employees have expressed an interest in being the minute taker. Colette Alvernaz recommended that due to problems in the past with incorrect minutes, the minute taker be independent of staff.
Motion: M/S Varela/Espinoza to select option #2. The motion carried 5-0.
15. Introduce and Waive First Reading of an Ordinance 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. City Manager Warne presented the agenda item. He stated that the City is working to update the City ordinances. Tonight the City Council was considering the water services ordinance. Council Member Espinoza directed a question to the City Attorney regarding the difference between adopting fees by ordinance or resolution.
City Attorney Subramanian described the difference. A resolution is an administrative action that takes one reading and an ordinance is a law that takes two readings, and is codified in the Municipal Code.
Council Member Aguilar asked who decides if the changes come forward as an ordinance
or a resolution.
City Attorney Subramanian noted if State law requires an ordinance, then one is done. Otherwise fees and charges are set by the City Council by resolution.
Council Member Aguilar further asked if fees could be affected by the use of the word “ordinance.” City Attorney Subramanian replied no.
Katherine Schell Rodriguez asked about the removal of the phrase “Public Works Director” replaced with “Public Works Department.” City Manager Warne stated that “Public Works Department” was used because the Department has the responsibilities under the ordinance. This would allow any person in the Department to have ordinance responsibilities. She also asked about the section of the ordinance that refers to existing wells. An explanation was given by the City Attorney.
Motion: Vierra/Varela to introduce and waive the first reading of Ordinance No. 576, an Ordinance 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. The motion carried 5-0 by the following vote:
AYES: Council Members: Aguilar, Espinoza, Nateras, Varela, Vierra
NOES: Council Members: None
ABSENT: Council Members: None
16. City of Livingston – Independent Auditor’s Report and Financial Statements June 30, 2008 and City of Livingston Local Transportation Development Act Fund – Independent Auditor’s Report and Financial Statements.
Bryant Jolley, City Auditor, presented highlights of the financial statements for the period ending June 30, 2008. He noted the good job done by City accounting staff. He stated that they had given the City a clean, unqualified opinion on the financial statements in the auditor’s report.
Michael Lutz stated that he disagreed with a note to the financial statements regarding Dunmore Homes.
Motion: M/S Vierra/Varela to accept and approve the City of Livingston’s Independent Auditor’s Report and Financial Statements for the period ending June 30, 2008, and the City of Livingston’s Local Transportation Development Act Fund Independent Auditor’s Report and Financial Statements. The motion carried 5-0.
17. City Manager Announcements and Reports.
The Regular Meeting was adjourned at 8:35 p.m. to a Regular Meeting of the Livingston Redevelopment Agency.
The Regular Meeting of the Livingston Redevelopment Agency was adjourned at 8:40 p.m. to a Closed Session of the Livingston City Council.
No Closed Session was held.
The meeting was adjourned by consensus 8:41 p.m.
Page 7 of 7
City Clerk of the City of Livingston
APPROVED: December 16, 2008
Mayor or Mayor Pro-Tempore
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.