DECEMBER 7, 2010

CITY COUNCIL REGULAR MEETING AGENDA

DECEMBER 7, 2010

CLOSED SESSION: 6:00 P.M.

OPEN SESSION: 7:00 P.M.

Notice is hereby given that the City Council will hold a Regular Meeting on December 7, 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 6:00 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. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

2. Public Employee Performance Evaluation

(Government Code Section 54957)

Title: Acting City Manager

3. 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. 

Regular Meeting

CALL TO ORDER Next Resolution Number: 2010-64

Next Ordinance Number: 590

Pledge of Allegiance.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of Plaque to Fire Captain Danny Suarez and introduction of new

Fire Engineer Mario Rivera.

2. Presentation by BESST, Inc. on Water Well Profiling.

 ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

Acting City Manager Announcements and Reports.

PUBLIC HEARINGS

3. Resolution of the City Council of the City of Livingston Implementing Outside Watering Restrictions Per Title 9, Chapter 5, Section 72, of the Livingston Municipal Code. 

 CITIZEN COMMENTS

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.

CONSENT CALENDAR

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.

4. Resolution for the Acceptance of the Basketball Courts at Walnut Sports Complex, Authorizing the City Clerk to Record a Notice of Completion with Merced County and Authorizing the Acting City Manager to Release Performance and Materials Bonds and to Make Final Payment of Retention Monies to Hensley’s Paving, Inc.

5. Denial of Claim for Damage from Mao Moua.

6. Approval of Minutes of Meeting Held on August 17, 2010.

7. Approval of Minutes of Meeting Held on September 21, 2010.

8. Approval of Warrant Register Dated December 1, 2010.

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Resolution Approving and Authorizing the Acting City Manager to Execute a Lease Purchase Agreement with Leasing 2, Inc., for a Schwarze A7000 Regenerative Air Street Sweeper.

10. Resolution Authorizing the Acting City Manager to Prepare and Distribute a Request for Proposals (RFP) to Initiate Water, Wastewater and Solid Waste Rate Studies Pursuant to Proposition 218.

11. Resolution of the City Council of the City of Livingston Filling the Vacancy in the Office of City Clerk by Appointment.

12. 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.

ADJOURNMENT

(Click on the following link to view the December 07, 2010 Agenda Packet)

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