JULY 19, 2011


JULY 19, 2011



Notice is hereby given that the City Council will hold a Regular Meeting on July 19, 2011, 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 5:30 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

1. Call to Order.

2. Pledge of Allegiance.

3. 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.

1. Conference with Legal Counsel – Existing Litigation

Government Code Section 54956.9(a)

a. City of Livingston v. The Dow Chemical Company, et al.

San Francisco Superior Court, Case No.CGC-05-442837

San Bernardino Superior Court, Case No. SVCSS 120627

Judicial Council Coordination Proceeding No. 4435

  • (Note from TheGardeningSnail: The Links takes you to what I was able to find. There may be more out there. I just haven’t found it yet. Given that this litigation has been going on since 2005, I thought some of you just might like the ability to find out a little more.)

2. Public Employee Appointment

(Government Code Section 54957)

Title: Interim City Manager

3. Public Employee Discipline/Dismissal/Release

(Government Code Section 54957)

Public Employee: Unrepresented Employee

Regular Meeting

CALL TO ORDER Next Resolution Number: 2011-49

Next Ordinance Number: 591

Pledge of Allegiance.

Roll Call.

Closed Session Announcements

Changes to the Agenda.


1. Presentation by Glenn Tomasyan Regarding Solar Power at the Domestic Wastewater Treatment Plant.

2. Presentation of Certificates of Appreciation to 4th of July Committee Members.


Supervisor John Pedrozo Announcements and Reports.

City Staff Announcements and Reports.

Interim City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.


3. Introduce and Waive the First Readings of Ordinance Nos.____________of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Chapter 5, Table 12, Permit Requirements for Wireless Communication Facilities, and LMC Title 5, Section 5-6-9, Subsection F, and LMC Title 5, Section 5-6-10, Subsection D, relating to Appeal Hearings for Conditional Use Permits and Variances.


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.

4. Resolution Authorizing the Interim City Manager to File Regional Surface Transportation Program (RSTP) Funds Claim for Fiscal Year 2010/2011.

5. Resolution Awarding Construction Contract to Shannon Pump Company, Merced, California, Approving the Expenditure of Construction Funds for the Energy Efficiency and Conservation Block Grant (EECBG) – Replacement of Motors at Water Wells 8,9,11 and 13 – Grant No. CBG- 09-093 and Authorizing the Interim City Manager to Execute a Construction Contract and Any Change Orders Thereto with Shannon Pump Company.

6. Approval of Minutes of Meeting Held on July 5, 2011.

7. Warrant Register Dated July 13, 2011.


8. City Council to Provide Staff Direction for Appointment to the Livingston Parks and Recreation Commission.

9. Approve Resolution 2011___, a Resolution Approving Amendment 1 to the Livingston Senior Citizens Center Lease at 420 Main Street and Authorizing the Interim City Manager to Execute the Amendment.




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