STAFF REPORT City Council Review and Consideration of a Motion to Amend the Minutes for the City Council Meeting Held on August 17, 2010

STAFF REPORT

AGENDA ITEM: City Council Review and Consideration of a Motion to Amend the Minutes
for the City Council Meeting Held on August 17, 2010.

MEETING DATE: January 18, 2011

PREPARED BY: Victoria Lewis, Acting City Manager

REVIEWED BY: Victoria Lewis, Acting City Manager

RECOMMENDATION:

Staff recommends that the City Council review and consider a motion to amend the Minutes for the City Council meeting held on August 17, 2010, by selecting one of the following options:

1. Remove the text included in the Minutes of the City Council meeting held on August 17, 2010.

2. Reapprove the Minutes of the City Council meeting held on August 17, 2010, to include the following revised text::

At the request of City Attorney Jonathan Hobbs, the following text was added due to a conflict of interest by Mayor Daniel Varela:

Due to his employment with Foster Poultry Farms, Mayor Varela did not participate in closed discussions in the above-referenced case in which Foster Poultry Farms is a party, and, to date, has not participated in any such closed session discussions.

BACKGROUND:

On November 16, 2010, the City Council approved the Minutes for the City Council meeting of August 17, 2010. It was the intent of Mayor Espinoza to pull these Minutes for clarification, but he forgot to do so during the meeting. Specifically, the Mayor wanted to discuss whether the following statement should have appeared in the Minutes:

"Due to his employment with Foster Poultry Farms, Mayor Daniel Varela did not participate in closed discussions in the above-referenced case in which Foster Poultry Farms is a party, and, to date, has not participated in any such closed session discussions."

The Mayor requested that Staff listen to the audio of the meeting to determine whether the statement was made in conjunction with, Closed Session, Item No. 1. Foster Poultry Farms, Inc. v. City of Livingston, et al, California Superior Court, County of Merced, Case No. CV000752, and reported out of Closed Session.

Staff has listened to the audio and determined that no such statement was made.

DISCUSSION:

This matter was discussed at the City Council’s regular meeting of January 4, 2011 and continued to the City Council’s regular meeting of January 18, 2011.

FISCAL IMPACT:

None

ATTACHMENTS:

1. City Council Minutes of the Regular Meeting held on August 17, 2010, with Text Deleted.

2. City Council Minutes of the Regular Meeting of August 17, 2010, Adding Revised Text.