NOVEMBER 10, 2010 Special Meeting Draft Minutes



NOVEMBER 10, 2010

A Closed Session/Regular Meeting of the Livingston City Council was held in the City Council Chambers on November 10, 2010, with Mayor Espinoza presiding.


Mayor Espinoza opened the meeting at 6:30 p.m.


Mayor Rodrigo Espinoza

Mayor Pro-Tem Margarita Aguilar

Council Member Frank Vierra (Absent)

Council Member Theresa Land

Council Member Warren Urnberg

The Council went into Closed Session to discuss the following matters:

1. Public Employee Appointment

Pursuant to Government Code Section 54957.

One Employee: City Manager.

2. Conference with Legal Counsel – Existing Litigation.

Government Code Section 54956.9(a).

a. Foster Poultry Farms, Inc. v. City of Livingston, et al, California Superior Court

County of Merced, Case No. CV000752.


The Council came out of Closed Session and into Open Session.



Mayor Espinoza called the meeting to order at 7:10 p.m.


The pledge of allegiance to the flag was recited.


Mayor Rodrigo Espinoza

Mayor Pro-Tem Margarita Aguilar

Council Member Frank Vierra (Absent)

Council Member Theresa Land

Council Member Warren Urnberg


Interim City Attorney Jose Sanchez announced that the City Council and the City Manager had mutually agreed to a City Manager transition. At this point, the City Council is evaluating their options regarding the appointment of a new City Manager. During this process, Assistant City Manager Vickie Lewis will be serving as Acting City Manager.

Ms. Lewis thanked the Council for her appointment.

Mayor Espinoza stated that Ms. Lewis had being doing a great job and noted that her workload in the past few days had been overwhelming.




Donna Kenney, 6530 East Avenue, Turlock reported that the Rotary Crab Feed was a great success. She informed the Council that on November 15, from 6:00 p.m. to 9:00 p.m. the City would hold its first workshop for the skate park and she hoped there was a large turnout.

Katherine Schell Rodriquez, P.O. Box 163, Livingston commented that it wasn’t long ago that she received a letter in her utility bill about water rates, the City’s future, etc., and then she recently read an article in the newspaper that reported the accumulated deficit in the water enterprise fund was $1,149,426. She further commented on water rates and deficits in other City funds.

Myra Bettencourt, 1584 Duke Drive commented on statements by some people that Livingston citizens are paying high rates for water and garbage, however, she checked with a family member that lives in Keyes and was told that she pays $21.12 for garbage and $103.44 for water and sewer so she felt Livingston citizens were not being overcharged. Ms. Bettencourt asked why the Council was having all these special meetings instead of just having regular meetings. She also noted that an item in regard to Council Members missing meetings was on the agenda and she knew it was pertaining to Council Member Vierra’s absences. She noted that Mr. Vierra had a job and other activities at the high school.

Mayor Espinoza explained that the Council was trying to make up for the last meeting that was not held because of the election. He said the Council would hold their regular meeting on November 16 and would resume its regular meeting schedule at the beginning of the new year.

Mayor Espinoza asked if there were any other comments.

Council Member Aguilar thanked those that were present and viewing the meetings and reminded everyone that tomorrow was Veterans’ Day. She thanked all those in the armed forces who had sacrificed their lives and asked that a prayer be said for those who are serving our country at the present.

Mayor Espinoza thanked the entire community for their support in the November 2 election.

Mayor Espinoza congratulated Council Member-elect Gurpal Samra. He said the City was waiting for Merced County to certify the election results.

Mayor Espinoza (in Spanish) thanked the entire community for the election results and for supporting him again as Mayor and also for supporting Gurpal Samra for the City Council.

He will be sworn in possibly on November 16th. The City is just waiting for the County to certify the votes.

Mayor Espinoza announced that a memorial service for the late Bill Ingram would be held on Saturday, November 13 at 11:30 in the Veterans’ Hall. He said that anyone that wanted to attend and pay their respects was welcome to attend. Mayor Espinoza commented that he had known Mr. Ingram for many years was very sorry for his passing.


Mayor Espinoza present the following consent calendar items for approval:

1. Resolution No. 2010-59, Approving an Application for Land and Water Conservation Fund Assistance for the Livingston Sports Complex Picnic Area Project and Designating the City Manager or a Designee to Act as Agent for the Land and Water Conservation Fund Program (LWCF) Grant Application with the Office of Grants and Local Services of the State of California Department of Parks and Recreation.

2. Reappointment of Marge McFadden to the Merced County Mosquito Abatement District Board of Trustees.

3. Approve Extending Recruitment for Membership on the Livingston Parks and Recreation Commission.

4. Denial of Claim for Damages from Lesa Sanchez.

5. Approval of Warrant Register Dated October 14, 2010.

6. Approval of Warrant Register Dated October 27, 2010.

Motion: M/S Aguilar/Espinoza to approve the consent calendar items. The motion carried 4-0.


7. Resolution of the City Council of the City of Livingston Establishing a Voluntary Policy Regarding Attendance at City Council Meetings by Members of the City Council.

Mayor Espinoza commented that due to the absence of Council Member Vierra he wanted to continue this item to the next meeting.

Motion: M/S Espinoza/Aguilar to continue this item to the next meeting. The motion carried 4-0.


The meeting was adjourned by consensus at 7:28 p.m.


City Clerk of the City of Livingston

APPROVED: January 4, 2011


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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