SEPTEMBER 21, 2010

CITY COUNCIL REGULAR MEETING AGENDA

SEPTEMBER 21, 2010

OPEN SESSION: 7:00 P.M.

CLOSED SESSION: FOLLOWING

OPEN SESSION

Notice is hereby given that the City Council will hold a Regular Meeting on September 21, 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 following the Open Session. 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:

Regular Meeting

CALL TO ORDER Next Resolution Number: 2010-50

Next Ordinance Number: 590

Pledge of Allegiance.

Roll Call.

Changes to the Agenda.

CONFIRMATION OF CANVASS OF SPECIAL MUNICIPAL ELECTION

1. Resolution of the City Council of the City of Livingston Accepting Certification of the Election Results of the Special Recall Election of August 31, 2010, Reciting the Election Facts, and

Directing the City Clerk to Administer Oaths of Office to the Mayor-Elect and Council Member- Elect.

OATHS OF OFFICE

2. City Clerk will administer the Oaths of Office to Mayor-elect Rodrigo Espinoza, and Council Member-elect Theresa Land.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

3. Mayor Espinoza will present plaques to out-going Mayor and Council Member.

4. Out-going comments by Daniel Varela, Sr., and Martha Nateras.

5. Presentation of Five-Year Service Pin to Jim Rightsell.

6. Presentation of Five-Year Service Pin to Shawn Hess.

CITY COUNCIL REORGANIZATION

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

a. Member/Alternate to Merced County Association of Governments (MCAG) Governing

Board.

b. Representative/Alternate to Central Valley Division League of California Cities (CVDLCC).

c. Representative/Alternate to Special City Selection Committee of the San Joaquin

Valley Air Pollution Control Board.

d. City Council Liaison to Livingston Planning Commission.

e. City Council Liaison to Livingston Parks and Recreation Commission.

f. City Council Liaison to Livingston Court Theater Committee.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

PUBLIC HEARINGS

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.

8. Resolution Determining the Bid of Global International, Inc. and Nor-Cal Concrete Non- Responsive and Awarding Construction Contract to A. Teichert & Son, Inc. dba Teichert Construction, Turlock, California, Approving the Expenditure of Construction Funds for the State Legislated Safe Routes to Schools Sidewalk Installation Project {Cycle 8} – Project No. SR2SL- 5256(010), and Authorizing the City Manager to Execute a Construction Contract and any Change Orders Thereto with Teichert Construction.

9 Resolution Approving Amendment 1 to the Memorandum of Understanding (MOU) Between the City of Livingston and Merced County Workforce Investment Board for Enterprise Zone Marketing and Program Management Services.

10. Approval of Warrant Register Dated September 16, 2010.

DISCUSSION AND POTENTIAL ACTION ITEMS

11. City Manager Announcements and Reports.

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. Conference with Legal Counsel – Existing Litigation.

Government Code Section 54956.9(a).

a. Foster Poultry Farms, Inc. v. City of Livingston, Merced County Superior Court, Case No. CV000292, California Court of Appeal, Fifth Appellate District, Case No. F059871.

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

c. Merced County Farm Bureau v. City of Livingston, et al., California Superior Court, County of Merced, Case No. CU151754 [consolidated with Valley Advocates v. City of Livingston, et al, Superior Court, County of Merced, Case No. CU151757].

1. Public Employee Performance Evaluation.

Pursuant to Government Code Section 54957.

Title: City Attorney.

CLOSED SESSION ANNOUNCEMENTS

ADJOURNMENT