November 18,2008





NOVEMBER 18, 2008



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




Mayor Samra called the meeting to order at 7:01 p.m.




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




There was no Closed Session held.




City Manager Warne requested that Items 1, 2, 3, 4, 5, 6, 7, 9, 14 and 15 be pulled from the agenda and postponed to a future meeting.





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.


Postponed to a future meeting.




2.     City Clerk will administer the Oaths of Office to Mayor-elect, Council Members-elect, and City Treasurer-elect.


Administration of the Oath of Office to Council Member-elect Martha S. Nateras.


Postponed to a future meeting.




3.     Mayor Varela will present plaques to out-going Mayor, Council Member and City Clerk.


Postponed to a future meeting.




4.     Nomination and Election of Mayor Pro-Tempore.


Postponed to a future meeting.


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


Postponed to a future meeting.




     Supervisor John Pedrozo Announcements and Reports.


Administrative Assistant, Juan Corona, reminded the public that he is available at City Hall on the second and fourth Thursdays of the month from 9:00 a.m. to 11:00 a.m. and will try to answer any questions he receives.  He thanked everyone for the phone calls he has received.        


     City Council Members’ Announcements and Reports.





     Council Member Vierra


·        No reports.


     Council Member Espinoza


·        Congratulated the newly elected Mayor and City Council Members.


     Council Member Soria


·        Congratulated the newly elected officials and wished them good luck.

·        Extended a happy Thanksgiving to everyone.


     Mayor Pro-Tem Ingram


·        Congratulated the newly elected officials.


     Mayor’s Announcements and Reports.


     Mayor Samra


     Congratulated the newly elected officials.








Warren Umberg, 1331 Eighth Street, commented that at the last meeting he asked why, when he tried to ask the City Water Supervisor a question, he was directed to talk to the City Manager.  He said that to date he has not received a response to his question.


Mr. Urnberg also commented on an incident that occurred outside with the spouse of the City Water Supervisor after the last City Council meeting.


City Manager Warne responded to Mr. Urnberg’s comments.


Colette Alvernaz, P.O. Box 255, Livingston, rapidly read a letter (copy given to City Clerk) expressing her concerns regarding the letter her husband, James Alvernaz  read into the record from the Alvernaz family at the October 21, 2008, City Council meeting.  She cited various items that should be added to the minutes.


Mike Torres, 1616 Eighth Street, asked about the paving of City streets.  He heard from a couple of people who questioned why the contractor could not complete the entire street in one day especially since the street was closed to traffic from 7:00 a.m. to 5:00 p.m.


City Engineer Gottiparthy commented the contractor tried to do what is practical concerning traffic control and parked cars in the way that should have been removed.


Mayor Samra asked how much longer it will take to complete the project.


City Engineer Gottiparthy commented that they still have a few days left before wrapping things up.




The Council considered Items 10-13 on the Consent Calendar. 


6.     Resolution Designating Certain Signatures for City Bank Accounts.


Postponed to a future meeting.


7.     Resolution Accepting the Partial Subdivision Improvements (Except for Water Well Improvements) for Sun Valley Estates (Somerset), a Residential Subdivision, Directing the City Clerk to File a Notice of Completion with Merced County and Authorizing the City Manager to Release the Subdivision Improvements Payment and the Subdivision Improvements Performance Bonds.


Postponed to a future meeting.


8.     Resolution  of the City Council of the City of Livingston Authorizing Implementation of the Provisions of Section 414(h)(2) of the Internal Revenue Code by Making Employee Contributions Pursuant to California Government Code Section 20691 to the Public Employees’ Retirement System (CalPERS). (Resolution No. 2008-56).


9.     Approval of Contract with URS Environmental Consultants to Conduct Initial Study and Environmental Analysis of Foster Farms Rendering Plant Project.


Postponed to a future meeting.


10.                        Resolution of the City Council of the City of Livingston Approving the Annual Local Transportation Fund (LTF) Revised Claim to be filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2008-2009.


Pulled by Council Member Vierra for further discussion.


11.                  Approval of Minutes of Meeting Held on October 21, 2008.


12.                  Approval of Warrant Register Dated October 30, 2008.


13.                  Approval of Warrant Register Dated November 13, 2008.




Item #10.


Council Member Vierra stated the reason he was bringing up this matter is because the City is giving up $86,000 of its original allocation of Local Transportation Funds (LTF)  that are now going towards transit (bus) services.  He commented that the Mayor, a member of the Merced County Association of Governments (MCAG) Governing Board, had made a motion and voted to approve the transfer of funds from streets and roads to transit.


Council Member Vierra said that he has stated repeatedly that the County needs to see how they can cut their budget.  He said that the $86,000 may be a drop in the bucket for the County, but it is a lot of money for the City to give up.


Mayor Samra responded that the transfer of funds was a unanimous vote of the MCAG Board.  He stated that transit service costs are being studied.


Council Member Vierra asked why a solution was not looked at before the Board voted.


Mayor Samra said that decision had to be made the way it was because the monies had to be used for transit first, then sidewalks and then roads.


The item was opened for public comment at 7:29 p.m.


Colette Alvernaz commented that the transit system is critical.  She said we need to do more for students like her son.  She also agrees with Council Member Vierra.


Katherine Schell Rodriguez, P.O. Box 163, Livingston asked if someone would explain to her slowly what LTF funds are.


City Manager Warne explained that there is a 7.25 percent sales tax that everyone pays on taxable sales.  One quarter percent goes to transit services, and the rest for streets and roads.  He said there are also administration costs that are taken out.  Each year a budget is prepared and the MCAG Board makes decisions regarding transit service levels and how much money is allocated to administration, transit and streets and roads. 


City Manager Warne commented that originally the City was allocated $128,859 for street and road projects.  One quarter of the money was already given to the City.  He said that due to state budget cuts the MCAG Board decided to transfer part of the City’s allocation ($86,000) to transit (bus) services.


Mayor Samra explained that he was not happy about giving up and losing the money, but

he had to vote the way he did.


Council Member Espinoza asked what would be the negative impact to losing this money.


Lengthy discussion followed.


The public comment period closed at 7:43 p.m.


Motion:  M/S Ingram/Espinoza to adopt Resolution No. 2008-57, a Resolution of the City Council of the City of Livingston Approving the Annual Local Transportation Fund (LTF) Revised Claim to be filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2008-2009.  The motion carried 3-2 by the following vote:


AYES:                  Council Members:          Espinoza, Ingram, Samra

NOES:                  Council Members:          Soria, Vierra

ABSENT:   Council Members:          None


Motion: Ingram/Espinoza to approve Consent Agenda items 8, 11, 12 and 13.  The motion carried 5-0.




14.                  City Council Guidance on Planning Commission Appointments.


Postponed to a future meeting.


15.      City Council Guidance on Selection and Appointment of City Clerk.


  Postponed to a future meeting.


16.      City Manager Announcements and Reports.


  No announcements or reports.




The meeting was adjourned by consensus at 7:45 p.m.





                                                                    City Clerk of the City of Livingston



APPROVED:  December 2, 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 “November 18,2008”

Leave a Reply

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

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

Google+ photo

You are commenting using your Google+ 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 )


Connecting to %s