JULY 27, 2011 Draft Minutes

MEETING MINUTES

CLOSED SESSION/SPECIAL MEETING

LIVINGSTON CITY COUNCIL

JULY 27, 2011

A Closed Session/Special Meeting of the Livingston City Council was held on July 27, 2011, in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSION

CALL TO ORDER

Mayor Espinoza opened the meeting at 5:30 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Margarita Aguilar (Excused)

Council Member Frank Vierra

Council Member Theresa Land

Council Member Gurpal Samra

Mayor Espinoza opened the meeting for public comments.

Katherine Schell Rodriquez, P.O. Box 163, Livingston stated the City of Livingston sued Dow, Schell Chemical Company, Wilbur Ells Company and Does 1-300 because the City’s drinking water was contaminated with TCP. She also noted this case was combined with other cases being brought by other cities. Certain things indicate that Livingston paid a fee to have a lawyer named Mitchell McCray and then the City needed special permission to bring this lawyer on board because either he or the other lawyer involved were outside his jurisdiction and needed special permission to practice in this case. Ms. Schell Rodriguez said she understood things were in the discovery process and being continued until October, but given this had to do with water and had been going on since 2005, she asked would there ever be any mention made of this in open session to let the public know what the City was doing on their behalf.

Mayor Espinoza closed the public comments period and the City Council subsequently went into Closed Session to discuss the following matter

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

OPEN SESSION

The Council came out of Closed Session at 6:45 p.m.

CLOSED SESSION ANNOUCEMENTS

Mayor Espinoza stated no reportable action was taken.

ADJOURNMENT

The meeting was adjourned by consensus at 6:45 p.m.

______________________________

City Clerk of the City of Livingston

ADOPTED: August 2, 2011

______________________________

Mayor or Mayor ProTempore

The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.

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