March 18, 2008

 

MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

MARCH 18, 2008

 

A Closed Session/Regular Meeting of the Livingston City Council was held on March 18, 2008 in the City Council Chambers with Mayor Samra presiding.

 

CLOSED SESSION

Mayor Samra opened the meeting at 6:30 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 The Council went into Closed Session at 6:31 p.m. to discuss the following matters:

 

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.

 

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

Property: APN #024-134-006. Negotiating Parties: City Manager Richard N. Warne.

Under Negotiation: Price, Terms of Payment.

 

Page 2 of 6

3. Conference with Real Property Negotiator—Government Code Section 54956.8. Property: APN #024-134-007. 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 6:45 p.m.

OPEN SESSION

The Council came out of Closed Session and into Open Session at 6:46 p.m.

 

REGULAR MEETING

 

CALL TO ORDER

Mayor Samra called the meeting to order at 7:00 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

 

CLOSED SESSION ANNOUNCEMENTS

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

 

CHANGES TO THE AGENDA

At the request of City Manager Warne, Item No. 3, City of Livingston Travel Allowances and Business Expense Reimbursement Policies, was removed from the agenda and tabled to the April 1, 2008, meeting.

 

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

None.

Page 3 of 6

 

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports. Supervisor Pedrozo made the following reports:

• Attended Inner City Passenger meeting in Sacramento in February supporting passenger rail.

• Anticipate passenger rail bond to be on the November 2008 ballot; maintaining funding from the state.

• He was in Washington D.C. two weeks ago for a National Association of Counties meeting. Things are serious. There is a possible April 15th resolution. Ten million dollars keeps the bill from passing. HAS and Health will be affected by budget cuts, but there will be no County layoffs.

• Wished everyone a Happy Easter.

City Council Members’ Announcements and Reports.

 

Council Member Vierra

• Thanked Public Works for mistletoe removal.

 

Mayor’s Announcements and Reports.

• No reports.

 

PUBLIC HEARINGS

None.

 

CITIZEN COMMENTS

Collette Alvernaz, P.O. Box 255, Livingston, asked is construction of the 42” sewer pipeline completed. She also asked what was the total cost of the Foster Farms lawsuit. Mrs. Alvernaz requested follow-up at City Council meetings on previous requests and submitted a letter. Gerri Martin, 16181 Vinewood Avenue, said she has a complaint about the minutes of City Council meetings. She has been misrepresented and there has been omitted material. Mrs. Martin recommended that the written minutes of each meeting be verified as the same as what was recorded.

 

Katherine Schell Rodriguez, 1149 Ninth Street, suggested there could possibly be a records request act violation by the City. She has a problem with paying $83/hour to an engineering firm to survey and photograph to enforce a new Code. She asks how this will be beneficial when there is no Code Enforcement Officer.

 

Page 4 of 6

 

Mike Torres, 1616 Eighth Street, asked about consent calendar Item #2 and if citizens can have input on this item.

 

CONSENT CALENDAR

 

The following items were considered by the Council under the Consent Calendar:

 

1. Waive the Second Reading and Approve Ordinance of the City Council of the City of Livingston Amending the Title of Section 5-5-3, Mobile Homes, Trailer or Boats, Section 5-5-3

 

(2), and Section 5-3-16-1 (A) 3 b, Setback Exceptions of the Livingston Municipal Code.

 

2. Resolution Expressing Intent to Enforce Ordinance 565, Including Prohibited Freestanding Accessory Buildings and Structures in Residential Districts Except as Allowed by Section 5-3-16 of the Municipal Code.

 

3. City of Livingston Travel Allowances and Business Expense Reimbursement Policies

and Procedures. Pulled and tabled to next meeting.

 

4. Approval of Warrant Register Dated March 12, 2008.

 

Motion: M/S Espinoza/Soria to approve Items 1 and 4. The motion carried 5-0.

 

Item No. 2 was pulled for discussion.

 

Item #2 – City Manager Warne noted the item will grandfather in the non-conforming structures as directed by the City Council at the March 4, 2008, meeting.

 

Mike Torres questioned why the City would pay an engineering firm to document the non-conforming structures when the City has requested owners of non-conforming structures to register them. Mr. Torres noted that this seemed to be a duplication of effort. He wondered about the liability of non-conforming structures in the event of safety issues.

 

Collette Alvernaz questioned if the City Engineer is from the same firm that is being

recommended.

 

Council Member Espinoza said he was unaware of the proposal.

 

Katherine Schell Rodriguez made a recommendation to use summer internship to conduct the survey.

 

Council Member Vierra asked if the property is sold or rented does the structure have to be removed.

 

Page 5 of 6

 

City Attorney Subramanian replied that the structure would be removed when the structure is dilapidated.

 

Council Member Espinoza recommended tabling the item.

 

City Manager Warne recommended using City employees to do the survey rather than hiring an engineer to do the work.

 

Mayor Pro-Tem Ingram agreed that documentation is necessary, but also recommended the use of a City employee (e.g., Animal Control Officer).

 

Mayor Samra recommended that those who didn’t register would not be recognized as conforming.

 

Motion: M/S Vierra/Ingram to adopt Resolution No. 2008-14 Expressing Intent to Enforce Ordinance 565, Including Prohibited Freestanding Accessory Buildings and  Code. The motion carried 5-0.

 

DISCUSSION AND POTENTIAL ACTION ITEMS

 

5. Proposition 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.

 

City Engineer Gottiparthy explained the method used to evaluate the streets identified in the plan to be rehabilitated. There was $400,000 allocated to the City.

 

Mayor Pro-Tem Ingram asked if the streets recommended were just a grind/overlay. He wanted to ensure they were properly graded.

 

City Engineer Gottiparthy noted the drainage will be addressed.

 

Mayor Samra asked why streets were listed twice as grind and slurry seal.

 

City Engineer Gottiparthy noted the streets listed were specific segments of the same street.

 

Collette Alvernaz cautioned the Council about authorizing the City Manager to act on the City’s behalf, to give him a no confidence vote and to appoint someone else.

 

Council Member Soria noted that Mr. Warne is the City Manager and he has all the confidence in the world in him.

 

Motion: M/S Ingram/Vierra to adopt Resolution No. 2008-15 pertaining to Proposition 1 B 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 1 B Funding. The motion carried 5-0 by the following vote:

 

Page 6 of 6

 

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

NOES: Council Members: None

ABSENT: Council Members: None

 

6. Ordinance of the City Council of the City of Livingston, Amending Chapter 14 of Title I of the Livingston Municipal Code Regarding Claims Against the City of Livingston.

 

City Manager Warne noted the City is working on updating the Municipal Code.

 

Mayor Pro-Tem Ingram asked will the RMA continue to handle claims. It was noted they will continue. He also asked if the RMA will be involved in providing updated codes.

 

City Manager Warne noted the RMA only provides code information as a courtesy to staff. The City does not pay the RMA to provide draft codes.

 

Motion: M/S Vierra/Soria to introduce and waive the first reading of Ordinance No. 566, an Ordinance of the City Council of the City of Livingston Amending Chapter 14 of Title 1 of the Livingston Municipal Code Regarding Claims against the City. 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

 

City Manager Announcements and Reports.

None.

 

ADJOURNMENT

The meeting was adjourned by consensus at 7:57 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: April 1, 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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