October 7, 2008





OCTOBER 7, 2008




A Closed Session/Regular Meeting of the Livingston City Council was held on October 7, 2008 in the City Council Chambers with Mayor Samra presiding.




Mayor Samra opened the meeting at 6:40 p.m.




   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, General Plan Special Counsel John Eastman, Community Development Director Kenney, City Engineer Gottiparthy, Sara Allinder and Anna Choudhuri, Pacific Municipal Consultants (PMC), Jose Gutierrez and Tim Loper, Carollo Engineers and Ken Anderson, KD Anderson.


The Council went into Closed Session at 6:41p.m for the following matter:



1.      Conference with Legal Counsel—Anticipated Litigation. Significant exposure to litigation pursuant to subdivision (b) (1) of Government Code Section 54956.9: (one case involving the 2025 General Plan Update EIR).


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



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






Mayor Samra called the meeting to order at 7:02 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 reportable action.  The Council gave direction to staff.








Mayor Samra called for a moment of silence in memory of Richard Van Guilder, former City Council Member/Mayor, Anna Fuentes, Grant Program Manager for MCAG and former City employee, and Glenn Goozey, former City Planning Commissioner.




1.     Presentation of Resolution Designating October 6-15, 2008, as “The Eighth Annual Binational Health Week” to Noemi Flores, Chair, and Henrietta Barrera, Co-Chair, Merced County Binational Health Week Task Force.


Mayor Samra read and presented the resolution to Noemi Flores.  Ms. Flores gave a brief

explanation on how the annual Binational Health Week came about.


Motion:  M/S Ingram/Soria to adopt Resolution No. 2008-52 designating October 6-15, 2008, as “The Eighth Annual Binational Health Week.”  The motion carried 5-0.




     Supervisor John Pedrozo Announcements and Reports.


     Supervisor Pedrozo made the following reports:


·        He is back to work after being off for three weeks due to prostate cancer.  He commented that it is very important for men to have their prostate checked and reminded everyone that October is Cancer Awareness Month.

·        He received the Mayor’s letter regarding Dwight Way and he will get back to him on this matter.

·        High Speed Rail System. Stay tuned on this matter in regards to the final route.        


City Council Members’ Announcements and Reports.


Council Member Soria


·        Recently completed Peach Street Park looks very nice.


Council Member Espinoza


·        The park in the Parkside Subdivision is under construction and looks good.


Mayor Pro-Tem Ingram


·        Ditto to what Supervisor Pedrozo said regarding cancer.  He also went through surgery for cancer.  Thanked everyone who prayed for him.  He participated in the “Walk for Life” in Atwater along with Carol Guerrero.  It was a very emotional experience for him.


Mayor’s Announcements and Reports.


Mayor Samra


·        Nothing to report.




     2.  Revised Public Draft 2025 General Plan and Draft Environmental Impact Report (EIR).


Sarah Allinder from Pacific Municipal Consultants (PMC) gave the power point presentation that was given at the September 23, 2008 Special Meeting of the Planning Commission.


Anna Choudhuri, PMC, spoke regarding the Draft Environmental Import Report (DEIR).


Mayor Samra opened the Public Hearing at 7:30 p.m.


Frank Borges representing Mike Gallo read a letter from Mr. Gallo (copy given to City Clerk).  Mr. Gallo suggests extending the comment period and supports Alternative #4 of the General Plan Draft Environmental Impact Report.


Richard Harriman from Fresno, an attorney representing the Arakelian family, also gave a letter to the City Clerk.  He commented that they also want to extend the comment period for consensus.  He submitted documents showing what he alleges are fatal defects in the City’s documents that he wants remedied and recirculated.


Robert Smith, Merced County Special Projects Manager, said the County does not agree with the proposed General Plan because there are roadway conflicts with the County’s General Plan.  He requested a meeting with City staff on the General Plan and the Draft Environmental Impact Report (EIR).


Gerri Martin, 16185 W. Vinewood, agrees with Mr. Gallo, Mr. Borges and the Arakelian family and feels there are population issues to resolve.


Mike Torres, 1616 Eighth Street, commented that the Planning Commission has recommended denial of the General Plan, but he feels that the Council is not listening to them.  He feels the Council should go back and study and revise the Plan.


Polly Martin feels that the General Plan and the Draft Environmental Impact Report (DEIR)    are not consistent with each other.  She thinks the City is listening to Ranchwood concerning the usage of “should and shall” in the General Plan Update. (She gave a copy of her notes to the City Clerk).


Colette Alvernaz, P.O. Box 574, Livingston, stated that she submitted more General Plan questions, but alleges she never gets an answer on what she submits.


Katherine Schell Rodriguez alleges that there are inconsistencies between the General Plan, Master Plans and the budget.  She proceeded to recite a few lines from the children’s poem “Humpty Dumpty.”


Judy Blevins, PO Box 842,  Livingston, dislikes the three minute comment period and feels the City Council should listen to the residents and work together as a team.


Mayor Samra closed the Public Hearing at 8:00 p.m., as there were no further public comments.


Council Member Vierra feels the Council should continue this item to the October 21, 2008 meeting, take the citizens comments into consideration and have staff meet with the County.


Council Member Espinoza commented that the General Plan is complete, but is not set in stone.


Council Member Soria concurred with other Council Members and stated that nothing is set in stone.


Mayor Pro-Tem Ingram requested that this item be postponed until staff can meet again with County planning staff.


Mayor Samra directed the City Manager to set a meeting with the County.


Motion:  M/S Samra/Ingram to continue this matter to the meeting of October 21, 2008.  The motion carried 5-0.




Warren Umberg, 1331 Eighth Street, commented that the January 15, 2008 meeting tape did not have a citizen comment section because of problems with the recording system  He spoke, but his comments were not reflected in the meeting minutes.  Also, there is no adjournment time noted. 


Mr. Urnberg questioned why, when he stopped to speak with the Water Supervisor, he was referred to the City Manager.  He was going to ask the Water Supervisor about a stack of pallets that could be dangerous by the Peach Street Park.


Mike Torres made a suggestion that whenever the budget or General Plan is discussed that all five Council Members be present due to the importance of these items.


Mr. Torres asked if the banners on Industrial Drive would be abated soon.


Jean Okuye thanked all the candidates that were present at the League of Women Voters Candidates Night.


Katherine Schell Rodriguez claims she is a “wordsmith” and has issues with the term “cheap ag land.”




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


     3.  Resolution No. 2008-53 for the Acceptance of the Safe Routes to Schools Grant, Cycle 6 Project, Authorizing the City Clerk to File a Notice of Completion with Merced County, and Authorizing the City Manager to Release Performance and Material Bonds and to Make Final Payment of Retention Monies to BDS Construction, Inc.


4.     Resolution No. 2008-54 Accepting the Subdivision Improvements for Parkside at Livingston, Unit 2, a Residential Subdivision, Authorizing the City Clerk to File a Notice of Completion with Merced County, and Authorizing the City Manager to Release the Faithful Performance, Labor and Material Bonds.


     5.  Memorandum of Understanding Between the City of Livingston and the Merced Union High School District Regarding the School Resource Officer (SRO) Program.


6.     Denial of Claim for Damages from Rigoberto Gonzalez and Maria Molina.

7.     Approval of Minutes of Meeting Held on August 19, 2008, as amended.


8.     Approval of Warrant Register Dated September 5, 2008.


9.     Approval of Warrant Register Dated October 1, 2008.


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




10.                        Approval of Warrant No. 66262 to Direct Towing.


Council Member Espinoza left the Council Chambers during consideration of this item due to a conflict of interest.


Motion:  M/S Ingram/Vierra to approve Warrant No. 66262 to Direct Towing.  The motion carried 4-0.


Council Member Espinoza returned to the Council Chambers for the remainder of the meeting.


     11.         City Manager Announcements and Reports.


          Nothing to report.




The meeting was adjourned by consensus at 8:25 p.m.



                                                                   _______________________________                    City Clerk of the City of Livingston


APPROVED:  October 21, 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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