June 17, 2008

 

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JUNE 17, 2008

 

A Closed Session/Regular Meeting of the Livingston City Council was held on June 17, 2008, in the City Council Chambers with Mayor Samra presiding.

 

CLOSED SESSION

The meeting was called to order at 6:32 p.m. by Mayor Samra.

 

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 6:33 p.m. for the following matters:

 

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

Agency Negotiator: City Manager Richard N. Warne.

Employee Organization: Clerical Employees Association.

 

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

Agency Negotiator: City Manager Richard N. Warne.

Employee Organization: Management and Confidential Employees Association.

Page 2 of 11

 

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

Agency Negotiator: City Manager Richard N. Warne.

Employee Organization: Livingston Police Officers’ Association.

 

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

Agency Negotiator: City Manager Richard N. Warne.

Employee Organization: AFSCME, Local 2703, Public Works/Parks Employees Association.

 

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

Agency Negotiator: City Manager Richard N. Warne.

Employee Organization: Supervisory Employees Association.

 

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

Agency Negotiator: City Manager Richard N. Warne.

Employee Organization: Unrepresented Employees.

7. Conference with Legal Counsel—Anticipated Litigation. Significant Exposure to

 itigation. Government Code Section 54956.9(b). 1 Case.

 

The Closed Session ended at 6:57 p.m.

 

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:58 p.m.

 

REGULAR MEETING

 

CALL TO ORDER

The meeting was called to order at 7:05 p.m. by Mayor Samra.

 

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 11

 

CHANGES TO THE AGENDA

 

The award to Maria Torres-Perez was continued to the next regular meeting.

 

Council Member Vierra asked that Item #3 be pulled for discussion and that he will abstain from discussing or voting on Item #9, therefore Item #9 was pulled for separate consideration.

 

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

 

1. Presentation of Latinas Making a Difference Award to Maria Torres-Perez – Merced County Hispanic Chamber of Commerce and Between Friends/Entre Amigos Magazine.

Continued to the next regular meeting.

 

ANNOUNCEMENTS AND REPORTS

 

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo was not present because he was out of town.

 

DEVIATION FROM AGENDA

 

Police Chief Eldridge passed kudos for their team effort to all that assisted with the last Neighborhood Visit. Nora Becerra suggested they have face painting which added to the event’s success. He commended the Fire Department for their help and County Bank for their efforts.

 

City Council Members’ Announcements and Reports.

 

Council Member Vierra

• Commented on the high number of home foreclosures and said he would like to see staff look into bringing before Council a vacant house ordinance.

• Noticed there are a lot of people present regarding the rent control ordinance item.

• Asked the City Attorney for a definition of a serial meeting and if this is a violation of the

Brown Act.

 

City Attorney Subramanian provided examples of serial meetings which are Brown Act

violations.

 

Council Member Espinoza

• No announcements or reports.

 

Council Member Soria

• No announcements or reports.

Page 4 of 11

 

Mayor Pro-Tem Ingram

• the federal prison. There will be a ribbon cutting lunch and participants should call 357- 0600 to confirm their attendance. Trees for the City are ready. The City could have 300 trees for free.

• Received a call from a citizen regarding the agenda only being posted on the community access channel shortly before the meeting.

 

City Manager Warne explained that this was due to a technical problem with the cable provider and was not the City’s fault. This was the earliest the agenda could be posted.

 

Mayor’s Announcements and Reports.

• No announcements or reports.

 

PUBLIC HEARINGS

2. Introduce and Waive the First and Second Readings and Adopt an Urgency Ordinance of the City Council 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.

 

The agenda item was presented by Community Development Director Kenney. The Ordinance extends an existing moratorium to one year.

 

Mayor Samra opened and subsequently closed the Public Hearing at 7:20 p.m. as there were no comments from the public.

 

Council Member Espinoza commented that if the City created the problem by changing the zoning, they should correct it.

 

Council Members Soria and Vierra agreed.

 

Mayor Pro-Tem Ingram also concurred. He commented that this was another instance where City Consultants slipped something by him.

 

Motion: M/S Ingram/Vierra to introduce and waive the first and second readings and adopt Ordinance No. 574, an urgency 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.

 

Page 5 of 11

 

CITIZEN COMMENTS

Warren Urnberg, 1331 Eighth Street, said he still has not heard from the City Attorney regarding a question he asked a couple of meetings ago regarding the cost of attorney fees for the last election.

 

Mr. Urnberg asked when the water rate survey outcome would be released.

 

City Manager Warne explained that the consultants have provided a draft to the attorneys.

 

Mr. Urnberg asked for the cost of the report.

 

Mr. Urnberg also questioned some of the warrants, in particular one for a grocery bill for $762.71.

 

Assistant City Manager/Finance Director Lewis commented that Mr. Urnberg was welcome to come in and talk to her about this matter.

 

Peggy Gipson, 2265 Johannisburg Drive, said it has come to her attention that Mr. Espinoza had a water line put in at his mother-in-law’s home, but did not pay for it.

 

City Manager Richard Warne explained that City policy is to require all lots with more than one house to have separate connections.

 

Ms. Gipson asked why there weren’t any charges.

 

City Manager Richard Warne continued to explain.

 

Mike Torres, 1616 Eighth Street, asked about the work being done on Hammatt on the almond orchard side.

 

Chief Eldridge explained they are putting up a fence.

 

Colette Alvernaz, P.O. Box 255, Livingston, referred to a letter Katherine Schell had submitted prior to the meeting regarding the Police Chief, Police Department and Neighborhood Visits. A copy of the letter was obtained, but was not read.

 

CONSENT CALENDAR

 

The following items were presented for the Council’s consideration under the consent calendar:

 

3. Waive the Second Reading and Adopt Ordinance No. 573, an Ordinance of the City Council of Livingston Amending Section 4-2-8-3 of the Livingston Municipal Code: Industrial Zone District Signage.

 

Pulled by Council Member Vierra.

Page 6 of 11

 

4. Award Bid to Taylor Renovation, Inc. to Repair City House Damaged by Fire.

 

5. Resolution No. 2008-33 Approving Submittal of an Application for the 2008 CalHome Grant for a First Time Homebuyer Assistance and Owner Occupied Housing Rehabilitation Program Within the City Limits.

 

6. Direction to the City Manager to Review the City’s Conflict of Interest Code Pursuant to the Political Reform Act of 1974.

 

7. Resolution No. 2008-34 for Final Acceptance of Street Improvements on Dwight Way Completed as Part of the Indo American Community Center Project, Authorize the City Clerk to File a Notice of Completion and Direct the City Manager to Release Security Posted for the Improvements.

 

8. Resolution No. 2008-35 Approving the Owner-Occupied Rehabilitation and First-Time Homebuyer Program Guidelines.

 

9. Authorization for the City Manager to Generate and Enter into an Agreement with the Merced Union High School District for the Installation of the High School Camera System as Funded by the U.S. Department of Justice under the COPS Secure Our Schools Grant Program.

 

Pulled by Mayor Pro-Tem Ingram.

 

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

 

Pulled by Mayor Pro-Tem Ingram

 

11. Approval of Minutes of City Council Meeting Held on June 3, 2008.

 

12. Approval of Minutes of City Council Meeting Held on June 5, 2008.

 

Motion: M/S Vierra/Soria to approve the consent calendar except for Items #3 and #9. The motion carried 4-1-0., with Mayor Pro-Tem Ingram voting no.

 

Mayor Pro-Tem Ingram asked to pull Item #10.

 

Upon the advice of City Attorney Subramanian, Mayor Samra made a motion to reconsider

 

Item #10. The motion was seconded by Council Member Espinoza and carried 5-0.

 

Item #10 was discussed and Mayor Pro-Tem Ingram moved to approve the item. Mayor Samra seconded the motion. The motion carried 5-0.

 

Item No. 3 – Council Member Vierra asked Director Kenney for clarification on the wording. If this Ordinance passes, do we do away with all temporary banners that were approved in the last 45 days.

 

Director Kenney replied they will be removed when the 45 days end.

 

Page 7 of 11

 

Mike Torres asked Director Kenney what will happen to the free-standing sign.

 

Director Kenney replied the sign is still allowed.

 

Motion: M/S Ingram/Espinoza to waive the second reading and adopt Ordinance No. 573 amending Section 4-2-8-3 of the Livingston Municipal Code: Industrial Zone District Signage. The motion carried 4-1-0 by the following vote:

 

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

NOES: Council Members: Vierra

ABSENT: Council Members: None

 

Item #9 – Mayor Pro-Tem Ingram doesn’t understand why the City is involved with installation of the camera system at Livingston High School and entering into an agreement with the MUHSD for this project. He feels this is the school district’s responsibility and not the City’s.

 

Senior Accountant Bains explained the school district could not apply for the grant, only the City could apply. The school district did all the paperwork and provided matching funds.

 

Mayor Pro-Tem Ingram reiterated his previous comment and said this is a school issue and why is the City paying the grant writer.

 

Police Chief Eldridge explained this is a matching funds grant and is a joint effort between the City and MUHSD. There needs to be a written agreement that the school and City are united on this project.

 

Ms. Bains and Chief Eldridge stated that the camera system is an asset to the high school.

 

Mayor Pro-Tem Ingram continued to express his concern about the City managing this grant.

 

Motion: M/S Soria/Ingram to authorize the City Manager to enter into an agreement with the Merced Union High School District for the installation of the camera system at Livingston High School funded by the U.S. Department of Justice under the COPS Secure Our Schools Grant Program. The motion carried 4-0-1 with Council Member Vierra abstaining due to a conflict of interest as he is an employee of the MUHSD.

 

Mayor Pro-Tem Ingram questioned Warrant No. 65560.

 

Recreation Superintendent Benoit explained this warrant was not just for keys, but for locks that had to be replaced. They purchased heavy duty locks that cannot be reproduced.

 

Motion: M/S Ingram/Samra to approve Warrant No. 65560. The motion carried 5-0.

 

DISCUSSION AND POTENTIAL ACTION ITEMS

 

13. City Council Guidance on Use of Senior Citizen Center.

Page 8 of 11

 

Mayor Pro-Tem Ingram commented that the City was paying for most of the expenses for the senior citizen center at 420 Main Street. The facility is for senior use; however, the City could use it for City programs. He asked staff to define whether the facility belongs to the City or to the County.

 

City Manager Warne said the senior center belongs to the City, but the County does use it for its Cherish Program.

 

Mayor Samra wanted to hear comments from the Council.

 

Council Member Soria commented that as long as the facility is for City use and not for outside use such as birthday parties, etc., he has no problem.

 

Council Member Vierra commented that this is a senior citizen center. They were moved from the recreation center to the current location and he doesn’t feel that sports organizations and others should use it for meetings. He is concerned with the facility being destroyed and who will pay for the damages.

 

Council Member Espinoza asked Recreation Superintendent Benoit to comment on how they would utilize the facility.

 

Recreation Superintendent Benoit commented that more activities for seniors are planned in the  “movie night” for example.

 

City Manager Warne and Recreation Superintendent Benoit were directed to work on a policy to govern its use.

 

14. City Council Guidance on Mobile Home Park Rent Control Ordinance.

 

City Manager Richard Warne presented the agenda item. He said he was approached by residents of the Monte Cristo Mobile Home Park who are concerned their rents will rise drastically when their 5-year leases are up in December. He does not want to work on a rent control ordinance unless he has Council direction.

 

City Attorney Subramanian stated that California law prohibits cities from passing rent control ordinances on parks or homes that are newer than 1990. Monte Cristo was constructed in 2003.

 

Ray Rosigno, representing the residents, explained that on Section B of the law, if the lease is less than 5 years the rent control could apply. He read his concerns before the City Council. They bought their mobile homes thinking they were set upon retirement; however, they do not own the land and their homes are not easily moved, so they are held hostage to their landlord.

 

Council Member Soria said his concern is what the law says. He would like to give the City Manager direction to work with the mobile home owners if the law allows it.

 

Page 9 of 11

 

Council Member Vierra commented that he could sympathize and understand their situation. He used an example of what happened in Modesto. Agrees that the City Attorney look into this situation further to make sure the law applies.

 

City Attorney Subramanian obtained a copy of the law from City Hall and read it to the Council.

 

Council Member Veirra commented that if rent control is not an option, he would accompany the park residents to visit Senator Denham to solicit his help.

 

Council Member Espinoza asked that the City get a second opinion from another attorney from the same law firm as the City Attorney.

 

Mayor Pro-Tem Ingram agrees that something needs to be done. He believes that the owner is out for his own financial gain. He commented that the Council does want to help the homeowners and needs to get involved in this issue.

 

Mr. Rosignol commented that they can’t continue to go through this every 5 years when leases are up.

 

Director Kenney commented that after her conversation with City Manager Warne, she also talked to Jasmin Bains regarding any grants that are available to help them. She spoke to the park owner who is willing to come speak to the Council and wants to work with them on this issue.

 

Mr. Rosignol commented that some of the home owners have become members of an organization who helps people like them who live in mobile homes.

 

Lengthy discussion followed.

 

Council Member Soria commented that he would like to meet with Assemblywoman Galgiani and Senator Denham to see how they can help out.

 

Mayor Pro-Tem Ingram agrees that we need to change the law with Senator Denham and the League of California Cities. Asked the City Manager to talk to them to see how the City can help these people.

 

Mayor Samra commented that we will try to get legal help, but meanwhile they should try to put a letter together to Senator Denham and Assemblywoman Galgiani.

 

Mike Torres commented that he was on the Planning Commission at the time this project was in the plans. He feels for the people who live there. There was a lot of work that was put into to the project. Something went wrong somewhere. Feels the City has the responsibility to help them out.

 

Peggy Gipson commented that this is elder abuse.

Page 10 of 11

 

City Manager Warne asked the Council to recap what they wanted done;

 

Council Member Soria would like for the City to contact Senator Denham and Assemblywoman Galgiani and the City Manager Warne to contact the League of California Cities.

 

Council Member Vierra remembers when this project passed it was supposed to be affordable housing. He agrees with the other Council Members to take a legal approach first and then contact the League of California Cities.

 

Council Espinoza concurred that the City should do what needs to be done to help the homeowners.

 

Mayor Pro-Tem Ingram contacted former City Planner Dave Hanham. Mr. Hanham relayed that when he sent the project to the state for recordation, he didn’t send it in as affordable housing.

 

Mayor Samra directed City Manager Warne to prepare any necessary letters for his signature, so the City can move forward.

 

Staff will contact Senator Denham and Assemblywoman Galgiani to arrange a meeting with the park residents.

 

15. City Manager’s Announcements and Reports.

No announcements or reports.

 

ADJOURNMENT

The meeting was adjourned by consensus at 8:52 p.m.

________________________________

City Clerk of the City of Livingston

APPROVED: July 1, 2008

__________________________

Mayor or Mayor ProTempore

Page 11 of 11

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

Advertisements

3 thoughts on “June 17, 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: 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

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s