AUGUST 17, 2010


AUGUST 17, 2010



Notice is hereby given that the City Council will hold a Regular Meeting on August 17, 2010, at the City Council Chambers, 1416 C Street, Livingston, California. Persons with disabilities who may need assistance should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an open session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection at Livingston City Hall, 1416 C Street. The Open Session will begin at 7:00 p.m. The Closed Session will be held in accordance with state law prior to the Open Session beginning at 6:45 p.m. The Closed Session will be held in the City of Livingston City Hall Conference Room located at 1416 C Street. The agenda shall be as follows:

Closed Session

A “Closed” or “Executive” Session of the City Council or the Livingston Redevelopment Agency may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Hall Conference Room located at 1416 C Street, Livingston, California. Any public comment on closed session items will be taken before the closed session. Any required announcements or discussion of closed session items or actions following the Closed Session will be made in the City Council Chambers, 1416 C Street, Livingston, California.

1. Foster Poultry Farms, Inc. v. City of Livingston, et al, California Superior Court, County of Merced, Case No. CV000752.

Regular Meeting

CALL TO ORDER Next Resolution Number: 2010-45

Next Ordinance Number: 590

Pledge of Allegiance.

Roll Call.

Closed Session Announcements

Changes to the Agenda.


1. Presentation of Rebate Checks from Merced Irrigation District (MID) to the City of Livingston.

2. Report on Citizens’ Service Committee Appointments.


Supervisor John Pedrozo Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.



This section of the agenda allows members of the public to address the City Council on any item NOT otherwise on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening. For items which are on the agenda this evening members of the public will be provided an opportunity to address the City Council as each item is brought up for discussion.


Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by the City Manager or City Council Member. There will be no separate discussion of these items unless members of the City Council or City Manager request that specific items be removed.

3. Resolution Approving the Updated Memorandum of Understanding (MOU) Between the City of Livingston and Merced County Department of Work Force Investment Board for Enterprise Zone Marketing and Program Management Services.

4. Resolution Amending the City of Livingston Conflict of Interest Code.

5. Approval of Minutes of Meeting Held on May 12, 2010.

6. Approval of Minutes of Meeting Held on June 1, 2010.

7. Approval of Warrant Register Dated August 12, 2010.


8. Resolution Adopting the Initial Study and Negative Declaration and Approving Site Plan / Design Review 2006-01 for the Foster Farms Rendering Plant Project.

9. (1) Presentation of the City of Livingston Domestic Wastewater Treatment Plant Percolation Ponds Reconfiguration Basis of Design Report, (2) Authorization to Relocate Evaporation Ponds so that Nearest Pond is Over 500 Feet from Merced River, (3) Abandon Approximately 2,000 feet of Poor Quality Pond Levees Along the Merced River, (4) Convert Approximately 19 Acres of Ponds #1 to #6 to a Recreation and Riparian Habitat Area, (5) Authorize the Construction of a new Pond #10 and #3R from Approximately Eight Acres of Ponds #1 to #3, Deepening Them to the Study Layer and the Same Level as Pond #7 and Pond #8 and (6) Authorize Design Phase of the Pond Reconfiguration.

10. Resolution of the City Council of the City of Livingston Approving the City of Livingston Budget for Fiscal Year 2010/2011.

11. Designate Voting Delegates and Alternates for the League of California Cities Annual Conference.

12. City Manager Announcements and Reports.



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