MAY 03, 2011


MAY 3, 2011



Notice is hereby given that the City Council will hold a Regular Meeting on May 3, 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 6:00 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.

4. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

Regular Meeting

CALL TO ORDER Next Resolution Number: 2011-30

Next Ordinance Number: 590

Pledge of Allegiance.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.


1. Presentation on Supervisorial Redistricting by Jim Brown, Assistant Chief Executive Officer for Merced County.


Supervisor John Pedrozo Announcements and Reports.

Interim City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

City Staff Announcements and Reports.


2. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Modifying Title 5, Chapter 3, and Table 3, of the Livingston Municipal Code Concerning Alcohol by the Glass in the Downtown Commercial District (DTC) as Recommended by the Planning Commission.


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.

3. Denial of Claim for Damages from Bonnie Farley.

4. Approval of Minutes of Meetings Held on April 5, 2011 (2).

(Note from the Gardening Snail. One set of Minutes is from the Special Meeting in which the only Agenda Item was regarding the City Manager Appointment. The Other is from the Regular Meeting.)

5. Approval of Minutes of Meeting Held on April 19, 2011.

6. Approval of Warrant Register Dated April 27, 2011.


7. Resolution of Intent to Amend Livingston Municipal Code (LMC) Title 5, Chapter 3, Building Structure Setback Requirements; to Amend LMC Title 5, Chapter 3, Table 12, Permit Requirements for Wireless Communication Facilities; LMC Title 5, Section 5-6-9, Subsection F, and LMC Title 5, Section 5-6-10, Subsection D, and other Title 5 Sections Dealing with Appeal Hearings.

8.Resolution Approving Amendment No. 1 Extending the Consultant Agreement Between the City of Livingston and SNG & Associates, Inc. to Continue to Provide Contract Engineering Staff Support Services, and Authorizing the Interim City Manager to Execute the Agreement.

9. City Council to Provide Staff Direction for Appointments to the Utility Rates Stakeholders Committee.

10. Continuation of Closed Session if Necessary.



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