JULY 17, 2012



JULY 17, 2012



Notice is hereby given that the City Council will hold a Regular Meeting on July 17, 2012, 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 at the City Council Chambers located at 1416 C Street. The agenda shall be as follows:

Closed Session

1. Call to Order.

2. Roll Call.


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.

3. Conference with Legal Counsel – Potential Litigation

[(Government Code Section 54956.9(b)(2)]

Number of Cases: 2

4. Conference with Legal Counsel – Existing Litigation

[(Government Code Section 54956.9(a)] – Michael Sperry vs. City of Livingston, et al,

Merced County Superior Court Case No. CV002762

5. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

Regular Meeting

CALL TO ORDER Next Resolution Number: 2012-50

Next Ordinance Number: 600

Pledge of Allegiance.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.


1. Presentation by Mayor Rodrigo Espinoza of Recognition Certificates to Police Explorer Post Volunteers at Sweet Potato Festival.


2. USDA Rural Development Community Facilities Grant Program for funding year 2012-2013 in the amount of $30,000 for the purchase of two police patrol vehicles.


Supervisor John Pedrozo Announcements and Reports.

City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.


3. Proceedings under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500 , et seq.: for the Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Confirming Assessments for Fiscal Year 2012/2013.

4. Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq.: for the Approval to Levy Annual Assessments for the Livingston Benefit Assessments Districts, Confirming Assessments for Fiscal Year 2012/2013.


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.

5. Resolution for the Acceptance of the Energy Efficiency and Conservation Block Grant (EECBG) – Grant No. CBG-09-093- “Replacement of Motors at Water Wells 8,9,11 and 13”, and “Citywide Streetlight Retrofit Project”, Authorizing the City Clerk to Record Notices of Completion with Merced County and Authorizing the City Manager to Release Performance and Material Bonds and to Make Final Payment of Retention Monies to Shannon Pump Company and to Tennyson Electric, Inc.

6. Adopt Resolution Authorizing the City Manager to Execute Agreements with the Stewardship Council for a Grant Application.

7. Resolution Approving a Two (2) Year Memorandum of Understanding Between the City of Livingston and the AFSCME Public Works and Parks Employees Unit.

8. Approval of Warrant Register Dated July 13, 2012.


9. Approval of Investment Grade Audit Contract with Schneider Electric, Inc.

10. Rental of Max Foster Sports Complex Picnic Shelter.



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