It appears that the City may not have enough staff under the Water Division to keep up with the operation of the system. The Water Division currently employs 3 certified operators who are responsible for all of the operation and maintenance of the well sites, investigating customer complaints , and providing any repairs to the system.
Well No. 16 has been offline since September 2011 because the media in the arsenic removal treatment system has been exhausted .
Well No. 13 is also offline due to arsenic at elevated levels but below the MCL. The City is currently flushing the well to waste and collecting a bacteriological cycle test and hopes to bring the well online by mid-April if the cycle test results are coliform negative.
• The interior coating (walls, floor , and interior support column) is in overall poor condition. There is a large amount of blistering, cracking, and pinholes in the coating. It is recommended to blast and recoat the interior of the tank .
The Department notified the City in an email dated March 15, 2013, of … deficiencies and requested that the City provide…:
• A plan and time schedule for bringing Wells Nos. 13 and 16 back online by April 5, 2013.
• A plan and time schedule for increasing the City’s source capacity by April 5, 2013.
• Provide monthly water consumption data for Foster Farms Processing Plant.
So…there might not be enough staff to run the Water System, we’ve had not one, but TWO wells taken off-line for a time due to “Arsenic Issues” And the The State of California Department of Public Health wants the City of Livingston to give an accounting of how much water Foster Farms uses each month.
Interesting.
The latest Water System Inspection report is just chalk full of “deficiencies” that the State wants the City to address.
More on that a little later. But First.
Yep…There’s Strange and then there is Army Strange. Courtesy of Damon Shackelford: furious scribbler of military cartoons.
WITH APOLIGIES TO THE HOUSE THAT JACK BUILT
This is a Corner of B Street.
This is the Building
That housed a Club
and sits on a Corner of B Street.
This is the Land
Which was Owned by the City
Where once was a Park
and a small Parking Lot
Which was counted as parking
For use by the people
who went to the Club
That was housed in the Building
that sits on a Corner of B Street.
This is the Pharmacy
That Bought the Land
Which was Owned by the City
Where once was a Park
and a small Parking Lot
Which was counted as parking
For use by the people
who went to the Club
That was housed in the Building
that sits on a Corner of B Street.
These are the Changes
That were made to the Permit
That belonged to the Building
Across from the Pharmacy
That now owns the Land
Once Owned by the City
Where once was a Park
and a small Parking Lot
That had counted as parking
For use by the people
who went to the Club
That was housed in the Building
that sits on a Corner of B Street.
This is the Appeal
Of the Changes That were made
to the Permit That belonged
To the Building Across
From the Pharmacy which owns
The Land purchased from the City
Where once was a Park
and a small Parking Lot
That had counted as parking
For use by the people
who went to the Club
That was housed in the Building
that sits on a Corner of B Street.
This is the Mayor
(Who was in favor of the Changes
Before voting against them)
And Who filed the Appeal
of Changes That were made
to the Permit That belonged
To the Building now Across
From the Pharmacy which owns
The Land purchased from the City
Where once was a Park
and a small Parking Lot
That had counted as parking
For use by the people
who went to the Club
That was housed in the Building
that sits on a Corner of B Street.
This is the Council
That conducted the Hearings
Along with the Mayor
(Who had first been favor
of the Changes to the Permit
Before voting against them)
Who had filed the Appeal
Of the Changes That were made
to the Permit That belonged
To the Building Across
From the Pharmacy which owns
The Land purchased from the City
Where once was a Park
and a small Parking Lot
That had counted as parking
For use by the people
who went to the Club
That was housed in the Building
that sits on a Corner of B Street.
This is the Decision
To Revoke the Permit
As was made by the Council
That conducted the Hearings
Along with the Mayor
(Who had first been favor
of the Changes to the Permit
Before voting against them)
Who had filed the Appeal
Of the Changes That were made
to the Permit That belonged
To the Building Across
From the Pharmacy which owns
The Land purchased from the City
Where once was a Park
and a small Parking Lot
That had counted as parking
For use by the people
who went to the Club
That was housed in the Building
that sits on a Corner of B Street.
This is the Issue
Emphasized as the Reason
For making the Decision
To Revoke the Permit
That was made by the Council
That conducted the Hearings
Along with the Mayor
(Who had first been favor
of the Changes to the Permit
Before voting against them)
Who had filed the Appeal
Of the Changes That were made
to the Permit That belonged
To the Building Across
From the Pharmacy which owns
The Land purchased from the City
Where once was a Park
and a small Parking Lot
That had counted as parking
For use by the people
who went to the Club
That was housed in the Building
that sits on a Corner of B Street.
Round and Round and Round we go..where it all stops…nobody knows
(And if you doubt “parking” was the main reason/excuse/whatever given for The Council’s Revocation of that Conditional Use Permit, just click on over to the APRIL o3, 2012 Draft Minutes. Then do a search on the word “parking”.)
Item #20 on the “required action” states as follows:
“The City must provide a plan and timeline for addressing the recommendations in the 2013 tank inspection report by April 30, 2013”
According to the Inspection Report
The City has a 1.0 MG welded steel storage tank in the southeast section of the City that was built in 1999…. primarily filled by Well No. 12 …(and) last inspected in January 2013 by Liquid Engineering Corporation.
This inspection found that
• The interior coating (walls, floor , and interior support column) is in overall poor condition. There is a large amount of blistering, cracking, and pinholes in the coating. It is recommended to blast and recoat the interior of the tank.
To which the Department of Health responded by stating in it’s Report:
The Department reviewed the tank inspection on March 21. 2013 . In an email to the City, dated March 21. 2013. the Department requested that the City provide a plan andtimeline for addressing the inspection items by April 15. 2013.
Costs range from (on the low end) $60,000 to (on the high end) a quarter million dollars: depending on the damage.
This project doesn’t seem to be in the quarter million range, but it’s probably not in the lower end either: it’s somewhere in the middle.
ABOUT LIVINGSTON’S WATER RATES the State Said.
It was also noted during the inspection that the City’s water rates are not sufficient. The City currently charges residential customers $9.90 per 47 hcf (hundred cubic feet) with no penalty fee for exceeding that amount. The City charges even less ($8.70 per 47 hcf) for commercial customers and $0.30 per 1,000 gallons for exceeding the 47 hcf.
In a letter dated September 15, 2010 , the Department expressed concern to the City about having sufficient water rates to generate enough revenue to cover all of the water system’s expenses including operation, maintenance and capital improvements.
To read the complete report from the State of California Department of Health: you can CLICK HERE
Members of the public are advised that all pagers,cellular telephones and any other communicationdevices be put on vibrate mode or turned off during the Planning Commission meeting.
Call to Order: 7:00PM
Roll Call- Chairperson/Commissioners Pledge of Allegiance
Item No.1-Consent Agenda
All matters listed under the Consent Agenda are considered routine by the Planning Commission and will be adopted by one action of the Commission unless any member of the Commission wishes to remove an item for separate consideration.
a. Members of the Audience- At this time, any person may comment on any item that is NOT on the Agenda . PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
While the Planning Commission encourages participation from the audience, no more than five (5) minutes are allowed per discussion item. Topics not considered urgency matters may be referred to City Staff and/or placed on the next agenda for consideration and/or action by the Planning Commission.
Item No. 6- Adjournment to regular meeting on June 11, 2013.
In compliance with the Americans with Disabilities Act, if yon need special assistance to participate in this meeting, please contact the Community Development Department at (209) 394-8041,
Ext. 112. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Members of the public who have questions regarding any agenda item may comment on that item before and during consideration of that item when called upon by the Planning Commission Chairperson.
All actions of the Livingston Planning Commission can be appealed to the Livingston City Council by filing an appeal, in writing and paying the appropriate fees, with the City Clerk.
“The price of a successful attack is a constructive alternative”.-Saul Alinsk
I know that we only went back to 2008 for our analysis…and I know the Mayor is fully aware of this…in 2008..the City’s cost was was showing $385 thousand…I don’t understand..something was wrong all those years…This only goes to 2008. But I’d like to know how much was it in 2007 that added to the deficit. Excerpts from a comment by Mayor Pro-Temp Gurpal Samra, March 19, 2013 City Council Meeting.
The proposed changes haven’t sparked any discontent from the community, (City Manager) Ramirez said. Residents have been open to it.Livingston set to decide on utility fee hike, Mike North, Merced Sun Star, Tuesday March 19, 2013
it is good for community, most families of 4 and up fill up a garbage can quickly. we are a family of 5 and i hardly ever have room due to greenery, boxes and misc paper. i applaud the new system. i hate not having enough room in my garbage can… keep in mind it cost money to maintain and upkeep the system. Excerpts from aComment by bigpun – Livingston utility bill increase could pay for recycling service, Mike North, Merced Sun Star
I understand that in in our great city we have different economic backgrounds, and if we don’t adjust the budget now, and we wait, we’ll end up paying in the long run. I look at it as preventative maintenance, kind of like your vehicle. If you don’t do an oil change, your going to be paying for a repair of the motors..we have to upkeep our equipment, we have to upkeep our water and I do look into the future..My mother lives here. She’s elderly and on a fixed income..We do have to take of it now before it becomes a bigger challenge. I know from residents I speak to (that) some have 3 family members, some have 8 and it makes a difference with having that extra Green Can…My can gets full…you mow your lawn, you trim your trees: that takes one whole can. So the Green Can, especially for cardboard…to me the Green Can is actually a blessing. Excerpted from comment by Council Member Jimmy Soria: March 19, 2013 City Council Meeting
I am writing to you this letter as a protest to the increase in garbage rates…you stated that…”The proposed garbage rates increases are needed to pay higher cost incurred by the city now and in the future to continue supplying City Residents and businesses with an adequate level of garbage service.” The same was said of the increased water rates..2 years ago..I do not believe we need the increase. The more newer homes built and businesses provide more than enough money needed for Gilton Solid Waste to pay, hire new personnel or expand their property… Excerpted from a Protest Letter: March 19, 2013 Proposition 218 Hearing on Garbage Rates.
I’ve been asked by a lot of citizens in the community “Why do I need two cans when I only use half a can a week”. I go – well, we can’t be deciding who needs what…it’s going to be a requirement. It’s not a requirement right now, but it’s going to be a requirement by State Law that we have at least two cans…I think we need to just go ahead and move on. And that doesn’t include the fees that might get added on, maybe in 6 months or a year from Merced County Waste Management/JPA . Excerpts from a comment by Mayor Rodrigo Espinoza, March 19, 2013 City Council Meeting.
When the city first signed a garbage contract with Gilton a few years ago, Gilton gave us 300 gallon garbage containers and dumped them weekly..Then after a few . years the City ordered Gilton..to change size of containers to 95 gallons..I’ve talked to several Gilton Waste drivers, also to management of Gilton Waste. They tell me now they make 5 to 6 trips less to dump since the container change. That has droped their traveling expense down quite a bit… The last time the city raised the rates we had a (petition) and the city government was replaced and the raise in rates were dropped. It will happen again (if) you don’t wake up. Excerpted from a Protest Letter: March 19, 2013 Proposition 218 Hearing on Garbage Rates.
If we would have stayed in the past, with the Rate Increases, there’s a lot of people that were cryin and all with their Water Bill. All 3: Water Sewer and Garbage, were paying over $100 and going up. That’s why there was a Recall. The City went out for bids. They formed a Committee: A Rate Stakeholders Committee..City Staff, citizens, and business owners was involved in it. They went out for bids for Solid Waste and I believe there was 5 companies that came in with their bids.
The Committee looked it over, at their prices and all and went out and visited the companies. The same thing is going on with the Water and Sewer. But now we are talking about Garbage Rates: Solid Waste, with the bids and all.
In the past Gilton had a sweetheart contract. It got to the point where in January their contract was up but the City talked them into extending it. That’s why we’re working on this thing right now…The Committee and everybody has looked at it.
The Price is good. I agree that we go along with it…it would have gone up a whole lot higher under the past regime. I think what’s going on right now is good for the community because we know this is a poor community and we’re working, the Committee is working on getting the lowest price, but being able to get out of the hole and have a fairly small Reserve to work with. Excerpted from comment by Utility Rate Stakeholders Committee Member (and Planning Commissioner) Warren Urnberg: March 19, 2013 City Council Meeting
“The last time the city raised the rates we had a (petition) and the city government was replaced and the raise in rates were dropped. It will happen again (if) you don’t wake up.” That sounds like the beginnings of “push back” to me.
And we haven’t even gotten to Sewer Rates and Water Rates. More on that a little later. But first..
Yep…There’s Strange and then there is Army Strange. Courtesy of Damon Shackelford: furious scribbler of military cartoons.
TAKE OUT DINNER!!!The Ladies Auxiliary and VFW will be having a Spanish Take Out Dinner on April 11, 2013. Presale tickets are $8.00 and $10.00 at the door.
The menu will be Mexican Casserole, Salad, Roll & Butter and Dessert. The dinner will be held at the Livingston Veterans Memorial Building, located at 1605 7th Street in Livingston.
For tickets or more information contact Denis (209) 394-2059 or Teresa (209-) 496-7310, or contact us through the contact page on our website, www.vfwlivingston.com.
Proceeds will go to support our local programs
MARK YOUR CALANDAR… SUNDAY APRIL 14, 2013. IT’S KITE FESTIVAL TIME!
GIVE BLOOD, & RECEIVE A TICKET FOR A FREE MEAL FROM VFW 8327……Community Blood Drive to be held at the Livingston Veterans Memorial Hall, 1605 7th Street, Livingston, on April 18, 2013 from 3-7 pm
Donate a pint of blood and receive a coupon meal hosted by the Livingston/Delhi Veterans of Foreign Wars and Ladies Auxiliary.
For more information call Denis Wells at 394-2059 or visit our Website at www.vfwlivingston.com.
During the Run-up-to-the-Recall, which began back in 2009, there was a whole lot said about increases in Water/Garbage/and Sewer Rates being Unwarranted, Unnecessary, and Raised-The-Wrong-Way.
Even more recently, people who warn about how expensive it could get when the City finally has to address problems like Arsenic, Manganese, and TCP in the groundwater are dismissed as Fear Mongers and Trouble Makers just out to scare “the people”.
Then there is every budget thereafter. Didn’t anyone keep a copy for future reference?
I’m sorry, but Is it too much to expect that members of the City Council to read and understand the the significance of stuff they vote for, at the time they are actually doing the voting?
As for Garbage Rates….. although some people may see having an extra can for green waste, cardboard, and the like as a Blessing, others will see being saddled with the price of a can they will never use as a Curse.
How do you think folks are going to react when they are told there are going to be increases in Water and/or Sewer Rates later on down the road?
So..although there may only have been 8 “official protests” about Garbage Rate Increases, I’m expecting even more “push back” in the future: especially come time for a Water Rate Increases Hearing.
I could be wrong…in the meantime, if you’d like a little more history about Livingston’s Water/Garbage and Sewer Rate mess, you can go to the following:
Part 2 covered 2003 through 2007 and touches on the deteriorating infrastructure, grants received, and warnings about deficits in the Enterprise Funds.
Part 4 covered January 2008 through October 2008 and how Rate Increases were postponed so the Council could Study-The-Issue some more, Foster Farms and the City settled the litigation over BackFlow Devices, and Public Hearings about the 2025 General Plan Update
Part 5 included October,2008 through June 2009 and A New Council, A New Rate Study by a Brand New Consultant, The High School Expansion, and more on the General Plan Update (among other things)
(A) 5 Proposals received in response to the City’s Request for Proposals (RFP) for a “Feasibility Analysis for a Centralized Treatment Strategy for the City’s Water supply”.
(B) 3 Proposals received in response to the city’s request for Proposals (RFP) for “Water. Wastewater. & Solid Waste Rate Studies, community Outreach, and Proposition 218 Balloting Services.
And Now, on to the
CITY COUNCIL REGULAR MEETING AGENDA
APRIL 2, 2013
CLOSED SESSION: 6:00 P.M.
OPEN SESSION: 7:00 P.M.
Notice is hereby given that the City Council will hold a Regular Meeting on April 2, 2013, 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.
CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Livingston Redevelopment Agency of the City of Livingston 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 Council Chambers 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(d)(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 Legal Counsel – Existing Litigation
[(Government Code Section 54956.9(a)] – Dwight L. Larks vs. City of Livingston, et al,
Merced County Superior Court Case No. CVMO14537
6. Conference with Real Property Negotiator
(Government Code Section 54956.8)
APN Numbers 047-140-006 and 047-140-0017
Negotiating Parties: City Manager
7. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: City Manager Jose Antonio Ramirez
Employee Organizations: All Represented City Employees
Regular Meeting
CALL TO ORDER Next Resolution Number: 2013-13
Next Ordinance Number: 604
Pledge of Allegiance.
Roll Call.
Closed Session Announcements.
Changes to the Agenda.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
GRANT ANNOUNCEMENTS
ANNOUNCEMENTS AND REPORTS
Supervisor John Pedrozo Announcements and Reports.
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.
CONSENT CALENDAR
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.
The proposed changes haven’t sparked any discontent from the community, (City Manager) Ramirez said. Residents have been open to it.Livingston set to decide on utility fee hike, Mike North, Merced Sun Star, Tuesday March 19, 2013
"We have to do what we have to do, but I still want a little more explanation from the city," he (Mayor Pro Temp Gurpal Samra) said. Ibid
Our underground utilities are as old as the town–Public Works Director Humberto Molina, Utility Rate Stakeholders Committee Meeting, March 18, 2013 (copy of audio available upon request)
You also have to take into consideration the life span of the wells, the life span of the treatment plant, and space. You know we have had to purchase some property from some of our neighbors as we are adding filtration systems……..But we want to give you all the data because one way or the other, its quite a bit of money. City Manager Jose Ramirez Ibid
What I want is that the Stakeholders become aware of is what our system is today, what the study is going to propose, and what needs to happen altogether,…. to bring it, from wherever it is, to the standard it needs to be brought up to. Public Works Director Humberto Molina , Ibid
We are going to be giving you the information. You will be determining if we stay Status Quo…..We are taking information that’s important and sharing it and making sure that more than one person knows about it…City Manager Jose Ramirez, Ibid
When we first started this…We knew that pipes had to be replaced..there’s three different sections..and we knew we had manganese in the water. We knew that needed to be addressed: can’t have brown water coming out of the pipes…. Then you talk about SCADA systems. Then you talk about Lift Stations….Where does the list stop. Richie King, Foster Farms, Member: Utility Rate Stakeholders Committee – Livingston, Ibid
You can only put maintenance off for so long before it catches up to you, Humberto Molina, Director of Public Works, LivingstonIbid
So..The City Manager says residents are open to the Rate Increases for Garbage Pick Up while Mayor Pro Temp Gurpal Samra wants MORE explanations from City Staff about why there is still a Deficit in the Sanitation Fund.
Interesting…more on that later. But First
Yep…There’s Strange and then there is Army Strange. Courtesy of Damon Shackelford: furious scribbler of military cartoons.
FAMILY HAMBURGER NIGHT AT THE VFW…..Join us for the VFW Hamburger Night, March 28, 2013, from 5-7 pm at the Livingston Veterans Memorial Building, 1605 7th Street, in Livingston. The public is invited, and you do not have to be a member to attend.
You will be able to enjoy hamburgers, cheeseburgers, fish sandwiches, chicken sandwiches, hot dogs and chili. The sandwiches include your choice of homemade salads.
Price ranges from $2.00 to 4.00 per meal. All proceeds go to help support our community programs.
TAKE OUT DINNER!!!The Ladies Auxiliary and VFW will be having a Spanish Take Out Dinner on April 11, 2013. Presale tickets are $8.00 and $10.00 at the door.
The menu will be Mexican Casserole, Salad, Roll & Butter and Dessert. The dinner will be held at the Livingston Veterans Memorial Building, located at 1605 7th Street in Livingston.
For tickets or more information contact Denis (209) 394-2059 or Teresa (209-) 496-7310, or contact us through the contact page on our website, www.vfwlivingston.com.
Proceeds will go to support our local programs
GIVE BLOOD, & RECEIVE A TICKET FOR A FREE MEAL FROM VFW 8327……Community Blood Drive to be held at the Livingston Veterans Memorial Hall, 1605 7th Street, Livingston, on April 18, 2013 from 3-7 pm.
Donate a pint of blood and receive a coupon meal hosted by the Livingston/Delhi Veterans of Foreign Wars and Ladies Auxiliary.
For more information call Denis Wells at 394-2059 or visit our Website at www.vfwlivingston.com.
Walk-ins are always welcome.
AT THE MARCH 05, 2013 CITY COUNCIL MEETING there were a few things that caught my attention. The City Manager reported that the State Water board will be curtailing water flows by at least 35%. this will have an impact on groundwater quality due to additional pumping.
CHANGES TO THE ORDINANCE ALLOWING THE SALE AND USE OF “SAFE AND SANE” FIREWORKS was, again, on the Agenda. Part of the discussion revolved around whether or not to limit Livingston High School to only 1 Fireworks Stand per year. There had been complaints that Livingston High School has been getting the lion’s share of Fireworks Stands over the years and if the High School was limited to only 1 of the available 5 annual permits, more non profit organizations would be able to “have a turn” at having a Fireworks Stand.
Another part of the discussion was about whether or not to allow the sales and use of “safe and sane” fireworks after July 4th, and what to do about “illegal/dangerous” fireworks. According to David Bates, Volunteer Fire Chief, the City should do what it can to limit the hazards created by fireworks use: limiting the sale and use of legal fireworks to June 28 through July 4th and stepping up the enforcement against the use of illegal fireworks.
The Council decided it was too late in the year to make any changes to the Fireworks Stand Rotation (see above), except for granting a slot for the July 4th Committee.
The decision about “who should get booths the next time around” was continued to a Some Time In The Future Council Meeting.
HOW MUCH SHOULD IT COST to license cats and dogs in the City of Livingston?
There have been repeated complaints at Council Meetings over the years about dogs running loose and either “doing their business” on other peoples’ yards or harassing people as they walk or jog.
But dealing with “stray dogs running at large” isn’t cheap: It costs $75 per animal to send them to the pound and Livingston has already racked up well over $18,000 in Animal Control related costs in just the first 6 months of the Fiscal Year. (See Below.)
It was suggested in the Staff Report, that dramatically raising Licensing Fees might help offset some of the costs the City is incurring for Animal Control.
However some members of the community who commented that night, said that if getting dogs licensed (and vaccinated against Rabies) and spayed/neutered (meaning fewer unwanted dogs/cats running at large) was really the reason for the Ordinance, then the City would be better off by keeping Licensing Fees low and raise the penalties on violations.
Council person Soria suggested that penalties for “Running at large ($150) and “Unlicensed" ($150) be waived if an “offending animal” was vaccinated and licensed within a set time period.
Final Action on this item was also continued for Further Discussion at a Future Council Meeting.
OK. CALL ME CYNICAL BUT WHEN SOMEONE, ANYONE ON THE CITY COUNCIL ASKS “Why did the City end up with a Deficit in the Sanitation Fund despite recent improvements?”
ESPECIALLY someone who has either been on the council, or at Council Meetings FOR YEARS
It feels like one of those “Are.. You.. KIDDING.. me?” moments.
You mean to tell me that question wasn’t answered when you passed the Budget was last year????
Or during the Mid Year Budget Review that took place on March 5th of this year? Didn’t you read it? If you did, and you had questions, why didn’t you get them answered then????
Or how about during any Audit Report Presentations that have taken place over the last couple of years or so????
Or at all the Utility Rate Stakeholders Committee Meetings that have taken place since around mid 2011?
Or, even more specifically, at the Utility Rate Stakeholders Committee Meeting when the Consultants numbers were first presented?
After all, copies of the consultants calculations were made available to all the members of the Committee who were there.
There was another meeting of the Utility Rate Stakeholders Committee Monday, March 18, 2013.
But I don’t remember any questions about the deficit.
Isn’t part of the reason for having TWO City Council Members assigned to the Utility Rate Stakeholders Committee is the opportunity to ask questions of staff and get those questions answered? Right there and then?
In a place where Administrative Staff, and Engineering Staff, and Consultants, etc are set to meet at a Specific Place and Time?
And where other members of the Utility Rate Stakeholders Committee can have access to the same information too?
And where interested members of the Public who go to these meetings can have access to the same information too at the same time as the Committee Members?
Am I missing something here?
#facepalm
One last thing…
There may be no “discontent” when it comes to Garbage Rate Increases this time around….but when it finally comes time to confront the growing list of “issues” with our Water & Waste Water Systems…
Well..What do you think?
And now on to the
CONCURRENT MEETING
CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF LIVINGSTON
REGULAR MEETING AGENDA
MARCH 19, 2013
CLOSED SESSION: 6:00 P.M.
OPEN SESSION: 7:00 P.M.
Notice is hereby given that the City Council and
Successor Agency to the Redevelopment Agency of the City of Livingston will hold a Regular Meeting on March 19, 2013, 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
CLOSED SESSION
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. Call to Order.
2. Roll Call.
3. Successor Agency
Conference with Legal Counsel – Potential Litigation
[(Government Code Section 54956.9(d)(2)]
Number of Cases: 1
4. Conference with Legal Counsel – Potential Litigation
[(Government Code Section 54956.9(d)(2)]
Number of Cases: 3
5. Conference with Real Property Negotiator
(Government Code Section 54956.8)
APN Numbers 047-140-006 and 047-140-0017
Negotiating Parties: City Manager
6. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: City Manager Jose Antonio Ramirez
Employee Organizations: All Represented City Employees
Regular Meeting
CALL TO ORDER Next Resolution Number: 2013-8
Next Ordinance Number: 604
Pledge of Allegiance. Next Successor Agency
Resolution Number: 2013-3
Roll Call.
Closed Session Announcements
Changes to the Agenda.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1. Introduction by Police Chief Ruben Chavez of new Reserve Officers Javier Ramirez, Badge Number L20; Satveer Singh, Badge Number L21. Oaths of Office by City Clerk Tony Silva.
GRANT ANNOUNCEMENTS
ANNOUNCEMENTS AND REPORTS
Supervisor John Pedrozo Announcements and Reports.
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.
CONSENT CALENDAR
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.
Tainted water disrupted poultry production at Foster Farms last week, and city officials are trying to find out what caused it. Discolored Water disrupts production at Foster Farms, Mike North, Merced Sun star, 02/27/2013
The city is working to identify the source of the iron and manganese, (City Manager Ramirez) said, adding that the problem could be one well, several wells or linked to a certain area of the city. – Ibid
Earlier this year the city was notified by the California Department of Public Health that one of its wells failed to comply with drinking water standards. Well 15′s water had a higher-than-allowed for level of manganese….In a notice letter, the state said the city must begin the process of buying a filter for the pump’s water or face fines of up to $1,000 a day….The estimated cost for a filter is $1 million, Livingston forced to pay for well filter , Jonah Owen Lamb, Merced Sun Star, 11/19/2009
Motion: M/S Vierra/Nateras to move forward with well-head filtering treatment for manganese in Well #15, inform the State of the City’s decision, and authorize the City Engineer to begin to work with the State to determine the most appropriate treatment process. The motion carried 4-1, with Council Member Espinoza voting no. – City of Livingston Draft Meeting Minutes, 07/07/2009
Council Member Espinoza commented that Livingston’s General Fund has already paid the Water Enterprise Fund deficit of $1.3 to $1.5 million. Therefore, the Water Enterprise Fund does not have a deficit. – Ibid
The city of Livingston broke state law and health codes when it adopted a resolution that will increase water rates by an initial 40 percent.…The suit also claims the company will be negatively impacted by the city’s July 7 resolution and demands that the court order the city to rescind the increase.Foster Farms sues Livingston over water rate increase, Jonah Owen Lamb, Merced Sun Star, 07/29/2009
In numerous meetings Warne has said the city needed to raise utility rates since it was borrowing from the general fund, not restricted funds, to pay for the deficits in restricted utility funds, such as the water fund. Foster Farms Files Suit Against Livingston, Jonah Owen Lamb, Merced Sun Star, 01/27/2010
M/S Aguilar/Urnberg to adopt Resolution No. 2010-56, Resolution of the City Council of the City of Livingston Repealing Resolution No. 2009-32 (Resolution of the City Council of the City of Livingston Establishing Water Service Rates). The motion carried 4-1 by the following roll call vote:
AYES: Council Members: Aguilar, Espinoza, Land, Urnberg
The city spent about $1 million on legal fees battling the lawsuit brought on by Foster Farms, which uses about 63 percent of the water in Livingston, Lewis said, Lawsuit against Livingston dropped, Mike North, Merced Sun Star 04/07/2011
Ramirez said the issue was a costly one for Foster Farms, as supervisors had to shut down a shift, but King said they kept most employees at work despite stopping processing in one of Foster Farms’ two processing plants. Discolored Water disrupts production at Foster Farms, Mike North, Merced Sun star, 02/27/2013
So the issue was a costly one for Foster Farms and the city is NOW “working to identify the source of the iron and manganese”?
Uh huh. Yeah. Right. Gotta get that water cleaned up pronto now.
More on that a little later. But first.
Ah me…even when it comes to matters of the heart, There’s Strange and then there is Army Strange. Courtesy of Damon Shackelford: furious scribbler of military cartoons.
FROM THE JOINT HOMETOWN NEWS SERVICE, Fort Meade MD
Air Force Airman Fernando Ramirez graduated from basic military training at Lackland Air Force Base, San Antonio, Texas…The airman completed an intensive, eight-week program that included training in military discipline and studies, Air Force core values, physical fitness, and basic warfare principles and skills.
Airmen who complete basic training earn four credits toward an associate in applied science degree through the Community College of the Air Force.
Ramirez is the son of Alfredo and Adelaida Ramirez of Black Pine Way, Livingston.
He is a 2011 graduate of Livingston High School.
KNIGHTS OF COLUMBUS FREE THROW CHAMPIONS
Three(3) girls from Livingston ages 10 to 14, were named Chapter Champions of the Knights of Columbus Council 9363 Free Throw Championship: held recently at the Livingston Middle School Gymnasium. The Chapter level included cities from Livingston to Hanford in the Central Valley and the Mountains.
Chapter Champions were 10-year-old Gursimar Sidhu , 11 year olds Grace Chavez and 14 year old girls champion and Gurpreet Sodhi.
Each contestant attempted 25 free throws in the contests. All ties were settled by successive rounds of five free throws per contestant until a winner emerged.
Each of these winners will compete in the STATE LEVEL. Contestants will have the opportunity to advance to National level.
The State Championship will be held on March 10 at in Paso Robles, California.
Pictured are winners from left to right Gursimar Sidhu, Gurpreet Sodhi, and Grace Chavez along with event organizer Joey Chavez.
For more information, Contact: Ramon Avila 209-250-6032
DOES ANYONE REALLY THINK THE “UGLY BROWN WATER” PROBLEM IS A NEW ONE?
Or is it more likely a symptom of a growing problem with Livingston’s deteriorating Water System?
As all the while certain members of the City Council insist publically that no such problems exist.
For example: Well #15 (the well by the Winton Parkway Exit) has been a source of high concentrates of Manganese for YEARS.
At the July 7, 2009 City Council meeting, a Staff Report about an Enforcement Letter from the State about Well #15 was included in Council Members’ Agenda Packets.
The Staff reported stated the State was giving the City two options:
1. Install a Treatment System on the well (I’ll call this the “We don’t want Manganese in our water. Yes! Fix the well. Clean up the water!” Option.
2. Apply for a waiver from the State (I’ll Let’s call this the “Having Manganese in our water sucks. But we are willing to put up with it”) Option
To make a long story short, the Council voted 4/1 to go forward with the “Fix the well! Clean up the water!” Option.
Those of us who have been following Livingston’s Water Quality Issues closely knows what happened over the next few months: a battle over “Unnecessary and Unwarranted Water Rate Increases”, a Recall, a New Council, the rollback 0f Rates to 1995 levels, and a new batch of consultants.
With even higher projections about how much it is going to cost to address all of Livingston’s Water Quality Issues now.
Seems to me that “identifying the source of the problem” is the least of Livingston’s worries.
It’s scrounging up enough money to fix everything that needs fixing that’s.
SINCE WE ARE ON THE TOPIC OF WATER QUALITY “ISSUES”
A memorandum sent from a consultant to City Engineer Nanda Gottiparthy last week notes that 1,2,3-trichloropropane, a highly toxic chemical that’s made its way into Livingston’s drinking water supply, has been detected in every city well……The contaminant can pose a serious threat to public health and is mainly concentrated in well No. 8…….Often used in the production of pesticides, TCP is a man-made chemical that can cause cancer, kidney failure and tumors, according to the U.S. Environmental Protection Agency.All Livingston Wells Contaminated, Mike North, Merced Sun Star
According to the article referenced above, most of the TCP is concentrated in well No. 8, which is by Foster Farms. (ouch!)
On Monday, March 03, 2013, the Utility Rate Stakeholders Committee will meet in the City Hall Conference room at 5:30. Two of the Water Quality Issues that are “impacting” Foster Farms will be discussed:
The Icky Iron Manganese in the water Issue
The TCP 1,2,3 in Well No. 8 Filtration Project
Given that Richie King, Vice President of Chicken Production at Foster Farms is a voting member of this committee, it could be quite the interesting discussion indeed.
Did I mention that these meetings are open to the public?
I’m going to that meeting. Wish you would too.
And now on to the
CONCURRENT MEETING
CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF LIVINGSTON
REGULAR MEETING AGENDA
MARCH 5, 2013
CLOSED SESSION: 6:30 P.M.
OPEN SESSION: 7:00 P.M.
Notice is hereby given that the City Council and Successor Agency to the Redevelopment Agency of the City of Livingston will hold a Regular Meeting on March 5, 2013, 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
CLOSED SESSION
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. Call to Order.
2. Roll Call.
3. Conference with Legal Counsel – Potential Litigation
[(Government Code Section 54956.9(d)(2)]
Number of Cases: 2
Regular Meeting
CALL TO ORDER Next Resolution Number: 2013-7
Next Ordinance Number: 600
Pledge of Allegiance. Next Successor Agency
Resolution Number: 2013-2
Roll Call.
Changes to the Agenda.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1. Presentation by Rich Green, Transit Manager, Merced County Association of Governments,
“Upcoming Bus Changes.”
GRANT ANNOUNCEMENTS
ANNOUNCEMENTS AND REPORTS
Supervisor John Pedrozo Announcements and Reports.
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.
CONSENT CALENDAR
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.
"Those who cannot remember the past are condemned to repeat it."-Poet and philosopher George Santayana
“The truth points to itself”. – Kosh, Babylon 5, “In The Beginning”
"Belief can be manipulated. Knowledge is dangerous" Paul "Muad’Dib" Atreides of the Dune Series
“The price of a successful attack is a constructive alternative”.-Saul Alinsky
I know Livingston has changed a lot and is still growing… I want to be part of that growth and possibly help with that growth towards a brighter future…. There is big growth in the future coming – Alicia Estrada, Candidate for Planning Commission, Interview Date: February 11, 2013
Our office is concerned that the city will not have adequate financial capability to provide for the ongoing operation, maintenance, and upgrading of the system if the water rate increase is eliminated and the rates are rolled back to 1995 levels. It is important for the City to understand that if the city violates any of the drinking water regulations as a result of having insufficient funds to properly operate and maintain the water system, out Department will take the appropriate enforcement actions. – Excerpted from a Letter to the City of Livingston by the California Department of Public Health, September 15, 2010.
Typical monthly bills would increase to $23.79 a month from $22.04 a month, according to the notices sent to residents. In 2014, the rates would jump to $26.49 a month…."I think it’s a fair increase," (Council member) Soria said. , Livingston utility bill increase could pay for recycling service, Mike North, Merced Sun Star
it is good for community, most families of 4 and up fill up a garbage can quickly. we are a family of 5 and i hardly ever have room due to greenery, boxes and misc paper. i applaud the new system. i hate not having enough room in my garbage can. hey garden snail can i leave my garbage at your house since you are complaining about the rates. keep in mind it cost money to maintain and upkeep the system. garden snail would probably complain when things break down. seems like someone who is never happy no matter what you do. sshhhhhh Comment by bigpun – ibid
HUH?
I need to “Keep in mind it cost money to maintain and upkeep the system. garden snail would probably complain when things break down”
YOU..ARE..KIDDING ME? RIGHT?
I’m wondering….Where was “bigpun” when all the fussing, fuedin,, fightin and accusin took place the last time the city tried to raise Water/Sewer/Garbage Rates?
Complete with marches on City Hall and Protest Signs equating Council Members with The Three Stooges. The way things are going, we many have another round of riled up folk protesting in the parking lot at City Hall a few months from now.
More on that a little later..but first
It’s been such a long time since we checked up on how lucky Sgt. Lucky has been that maybe we need a little review before going forward.
Yep. There’s Strange and then there is Army Strange. Courtesy of Damon Shackelford: furious scribbler of military cartoons.
FROM THE JOINT HOMETOWN NEWS SERVICE, Fort Meade MD
Air Force Airman Cristian E. Rosales graduated from basic military training at Lackland Air Force Base, San Antonio, Texas… The airman completed an intensive, eight-week program that included training in military discipline and studies, Air Force core values, physical fitness, and basic warfare principles and skills.
Airmen who complete basic training earn four credits toward an associate in applied science degree through the Community College of the Air Force.
Rosales is the son of Lisette Garcia of F Street, Livingston.
He is a 2012 graduate of Livingston High School.
MARK YOUR CALANDAR… SUNDAY APRIL 14, 2013. IT’S KITE FESTIVAL TIME!
WE HAVE THREE NEW PLANNING COMMISSIONERS….On February 11, 2013 the City Council appointed Warren Urnberg, and Alicia Estrada, as Planning Commissioners and Michael Silva as the alternate to the Planning Commission. There had been seven candidates for the two Commissioner and one Alternate Commissioner positions open.
The Candidates were interviewed separately. They were each given opportunity to tell the Council “a little about themselves”, asked a series of pre-prepared questions, and then given a chance for a few closing comments.
Questions candidates were asked included:
1. What is your reason for wanting to serve on the Livingston Planning Commission. Why should this council appoint you?
2. What do you see as the important Planning Issues facing the City of Livingston?
3. Can you tell us about your skills, experience and knowledge that you believe would benefit the Livingston Planning Commission?
4. How would you handle a disagreement with another Planning Commissioner or members of the City Council?
5. When considering a Development Proposal, how would you rank these Considerations?
a. In adherence to established regulations
b. Protecting the environment
c. esthetics and design
d. social benefit
e. economic benefit
After the interviews were finished, the Council took a couple of minutes to decide who they wanted to appoint as Commissioners and Alternate Commissioner. That’s when things got, well, just a tad confusing.
First there was a motion to nominate Warren Urnberg
Then the Mayor asked if there were more motions
Then there was another separate motion to appoint Alicia Estrada (Gurpal Samra)
Then there was discussion as to whether these nominations were for Alternate or Full Commissioner
Then there was a motion to nominate Mike Silva for Alternate (Rodrigo Espinoza)
Then they were about to vote on each motion when they remembered that none of the motions had been seconded.
Then there was discussion about whether or not to second the motions individually or as a group.
Then there was a motion for Warren Urnberg, Alicia Estrada, and Michael Silva as the alternate.
Then to clarify things, everyone withdrew their original individual motions.
Then the Mayor repeated the motion for Warren Urnberg, Alicia Estrada and Michael Silva as Alternate and called for a Second.
Then, there was a new motion for Roy Soria, and Mike Torres as Commissioners, and Michael Silva as Alternate.
At which point Rodrigo Espinoza “seconded” the “first motion” and called for a second on the second motion.
After waiting 5 seconds Mayor Espinoza called for a Roll Call vote on the first motion
During the Roll Call Vote, there was more discussion and clarification about which motion they were actually voting on: the first, or the second.
With the First Motion ended up getting passed 3/2: Sicairos and Soria voting no.
NOW….ONE OF THE QUESTIONS CANDIDATES had been asked that evening was
“What do you see as the important Planning Issues facing the City of Livingston?”
Most of the Candidates talked about the need for new business and the jobs they bring. But only 1 of the candidates (Michael Silva) mentioned “our water” as an important issue affecting planning.
Think about that for a moment. With the current state of Livingston’s Groundwater and Distribution System, it could be difficult, if not impossible to accommodate the kinds of growth some Planning Commissioners (and Council Members) might like to see happen in the future.
There is Arsenic, TCP – 1,2,3 and Manganese in Livingston’s groundwater that has to be dealt with. (See the Utility Rate Stakeholders Committee Meeting Recap Below)
And added to that is the fact that Livingston currently does not have the cash reserves necessary to address all it’s water quality issues.
Grants? Livingston has already missed out on grant monies because the State considered Livingston’s Water Rates too low.
Loans? Even if Livingston did quality for some kind of Low Interest Loan Program, loans do have to be paid back eventually. Don’t they? And that money has to come from somewhere: either through Rate Increases or cuts elsewhere in the City’s Budget.
But, if these water quality issues do not get addressed, and Livingston’s water fails to meet Title 22 Standards for Drinking Water, the State could slap a moratorium on new hook-ups until those issues are resolved.
And it wouldn’t be the first time Livingston would have been hit with a moratorium to force it to fix something. Back in 1998, the Water Quality Control Board slapped Livingston with a two year building moratorium to force the City to expand and make improvements to the Domestic Wastewater Facility.
Think something similar couldn’t happen again?
And another moratorium would mean no new houses, no new businesses, no new industry, no new jobs.
Sounds like a major Planning issue to me.
BEFORE WE GET TO THE LATEST ACTIVITIES OF THE UTILITY RATE STAKEHOLDERS COMMITTEE, THOSE OF US WHO HAVE BEEN FOLLOWING THE WHOLE WATER RATE mess for the last couple of years or so remember back when some leading members of the Recall Movement suggested the “Water Bill” be increased by something “reasonable”:
Like maybe………… $5 a month.
For the majority of Livingston’s Residents (who currently have only one garbage can) the new 2 can system will come with a Rate increase of just over $5 for Garbage Pick up alone. And folks may be willing to pay that: figuring that their “water bill” going up only $5 or so a month is “reasonable”. But a Rate Increase for Garbage Pick-up is not the only one coming down the pike.
Council Member Jimmy Soria may feel that the proposed Garbage Rate Increases are fair and will not result in “push back” from Livingston residents. And he might be right. For a time: at least about the proposed increases in Garbage Rates.
But when it finally comes time for Rate Increases in Sewer, and Rate Increases for Water, Councilmember Soria may very well end up surprised at the amount of “push back” that rears up.
SINCE WE’RE ON THE SUBJECT OF RATES, lets talk about some things that will affect the next round of Water Rate Increases, shall we?
On January 28, 2013, after a hiatus of several weeks, the Utility Rate Stakeholders Committee met and discussed the following.
A recap of the upcoming Proposition 218 Process for Solid Waste (Garbage) Rates.
·Kennedy Jenks report on Feasibility Analysis for Centralized Water Treatment
The City’s groundwater has several issues: Arsenic, TCP – 1,2,3, Manganese, etc. It is expected that water quality will continue to decline as the pumping from wells continues. Therefore, the city is considering the possibility of moving away from Individual Wellhead Treatment to a more Centralized Water Treatment System in addition to acquiring Surface Water. The Feasibility Study is looking at Well Water Vs. Surface water Options and breaking down the costs per 1,000 gallons
·AECOM Report on Status of Well #8 TCP Remediation Design Project
Well #8 is one of the main wells on the City’s system. About 4 or 5 years ago, the City became aware of elevated levels of TCP and the City Council was notified. Although there is not currently a Maximum Contaminant Level (MCL)for TCP it is expected the State will adopt MCLs for TCP in the very near future. The State notified the city that some of the wells have a higher level than the expected future MCL that will be adopted. Therefore the state has asked to city to look into treatment options.
·Evaluation of Well 17 and Well 10
The City manager has directed staff to look at what it would cost to bring Wells #17 and #10 online: if addressing the issues at these wells would be cheaper than fixing the problems at some of the wells currently in use.
For Example: the Maximum Contaminant level for Arsenic in 10 ppb. Well #15 is at about 9.9 ppb. Projected costs for wellhead treatment at Well #15 for Arsenic is about $2.5 million.
·Emerging issues with the Distribution System: microorganisms and manganese.
A couple lines that cross the highway: one had been shut down 3 years ago and had had work done. Re-opening the lines stirred up organisms that had collected in the deadends of the system…The City is working with Kennedy Jenks to do a Hydrologic Model on the best way to do directional flushing of the system. The city may have to do an actual scrubbing of the lines: a process which is much more involved and costly
It was quite evident from the discussion, that Livingston’s ground water and distribution system have a few “issues” and that addressing these “issues” won’t come cheap.
To read a more complete recap of the January 28, 2013 Utility Rate Stakeholders Committee Meeting: click HERE
And now…on to the
CONCURRENT MEETING
CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LIVINGSTON
REGULAR MEETING AGENDA
FEBRUARY 19, 2013
CLOSED SESSION: 6:00 P.M.
OPEN SESSION: 7:00 P.M.
Notice is hereby given that the City Council and Successor Agency to the Redevelopment Agency of the City of Livingston will hold a Regular Meeting on February 19, 2013, 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.
CLOSED SESSION
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. Successor Agency
Conference with Legal Counsel – Potential Litigation
[(Government Code Section 54956.9(d)(2)]
Number of Cases: 1
4. Conference with Legal Counsel – Potential Litigation
[(Government Code Section 54956.9(d)(2)]
Number of Cases: 3
5. Conference with Real Property Negotiator
(Government Code Section 64956.8)
APN: 142-297-007
Negotiating Parties: City Manager
Regular Meeting
CALL TO ORDER Next Resolution Number: 2013-6
Next Ordinance Number: 600
Pledge of Allegiance. Next Successor Agency
Resolution Number: 2013-1
Roll Call.
Closed Session Announcements.
Changes to the Agenda.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1. Presentation by Mayor Espinoza of City Service Awards to Former Planning Commissioners Roy Soria, Harpreet Bains and Manoj Bains.
GRANT ANNOUNCEMENTS
ANNOUNCEMENTS AND REPORTS
Supervisor John Pedrozo Announcements and Reports.
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.
CONSENT CALENDAR
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.
"The good thing is the people of Livingston won’t pay for contaminant removal that is not their cause," he said. "If the result hadn’t been favorable to Livingston, our rate payers would have had to come up with $9 million." – Gurpal Samra, ibid
Ah Karma, Karma, Karma, Why NOT? Why not spend the TCP Settlement Money on other things and have the Rate Payers come up with the money for TCP Clean Up?
Are. You. KIDDING me?
More on that a little later, but first
Yep. There’s Strange and then there is Army Strange. Courtesy of Damon Shackelford: furious scribbler of military cartoons.
LOCAL LIVINGSTON KNIGHTS OF COLUMBUS Council 9363 to Sponsor Youth Free Throw Championship
All boys and girls ages 10-14 are invited to participate in the local level of competition for the 2113 Knights of Columbus Free Throw Championship. The local competition will be held on January 27, 2013 at 1:00pm at The Livingston High School Gymnasium.
All boys and girls 10 to 14-years-old are eligible to participate and will compete in their respective age divisions.
All contestants on the local level are recognized for their participation in the event. Participants are required to furnish proof of age and written parental consent. For entry forms or additional information contact: Ramon D. Avila 209-394-3169.
LIVINGSTON/DELHI VFW Breakfast in January
The Livingston/Delhi Veterans of Foreign Wars and Ladies Auxiliary Breakfast will be served on January 27, 2013, at the Livingston Veterans Memorial Hall, located at 1605 7th Street, in Livingston.
This will be our first Breakfast of 2013. Adults can eat for $7.00, and the children under 12 for eat for $5.00. Breakfast consists of Pancakes, French Toast or Biscuits and Gravy; served with Eggs cooked to order, Hash Browns, Sausage or Ham and Coffee and Juice. Breakfast will be served from 8 am to 11 am.
If you need more information on the Breakfast, Family Hamburger Night, or if you would like to become a member of the Post or Auxiliary, contact Denis or Sue Wells at (209) 394-2059.
FAMILY HAMBURGHER NIGHT AT THE LIVINGSTON VFW
Join us for the VFW Hamburger Night, January 31, 2013, from 5-7 pm at the Livingston Veterans Memorial Building, 1605 7th Street, in Livingston.
The public is invited, and you do not have to be a member to attend.
This will be our first hamburger night of 2013.You will be able to enjoy hamburgers, cheeseburgers, fish sandwiches, chicken sandwiches, hot dogs and chili. The sandwiches include your choice of homemade salads.
Price ranges from $2.00 to 4.00 per meal.
All proceeds go to help support our community programs.
If you need more information on any of our events, contact Denis or Sue Wells at (209) 394-2059
The Livingston-Delhi Veterans of Foreign Wars Post 8327 will be holding a huge Building Materials Sale at the Veterans Memorial Hall, located at 9799 Stephens Street, Delhi California.
All new merchandise, priced twenty five cents on the dollar. We have electrical, plumbing, lawn & garden, flooring, windows, doors and many other items, too numerous to mention.
Thursday, February 7ththrough Saturday, February 9th. We will open at 9am and close at 5pm.
All Sales are Final with no Warranties. Contractors Welcome. We accept cash or checks only, no Credit Cards.
All proceeds will go to the California Veterans Service Program. If you have any questions call Denis Wells at 209-394-2059 or visit our website at www.vfwlivingston.com.
REMEMBER THAT TCP SETTLEMENT I mentioned earlier? The over $9 million the City received from Dow Chemical Company because of the TCP contamination in Livingston’s Groundwater? At the time, some members of the Council crowed about how helpful that money would be towards cleaning up Livingston’s Groundwater Contamination.
And how much the Water Rate Payers of Livingston would be helped out by this: because it would mean that much less to come out of their pockets in the future.
Note: This Money was not placed into 1 single bank or investment labeled “TCP Money Account” This money was deposited into a series of Different Banks and Investments that are related to the Water Capital Account. We may talk more about that later in another post. But for now, the main Topic of Discussion is “How Should The TCP Settlement Money be spent?”
It would seem to me that if the groundwater contamination was serious enough to justify all the staff time, and Legal Expenses of suing Dow Chemical, than any settlement monies received should be used to clean up that TCP Contamination in the ground water.
But not everyone on the City Council seems to feel the same way about it now.
At the December 04, 2012 City Council meeting, it was actually suggested that the City use that Settlement Money for things other than TCP Cleanup: like…paying down other debt maybe.
SO WHY DOES THAT CONCERN ME Dear Karma? Dear Karma? As I wrote in my response to Karma’s comment in the Sun Star
Why not?
Because long term exposure to TCP 1,2,3 is considered by the State of California to be a human carcinogen. (cancer causing agent)
Because TCP has been detected in every well
Because the amount of TCP in all wells exceed the currently established Public Health Goal and "will require treatment when resources become available." (I would call $9 million dollars stuck in various Bank Accounts as "funds available)
Because the amount of TCP detected in the wells is as much as 100 times the Notification Level established by the State.
Because in 2005, the City Sued Dow Chemical because of the amount of TCP in the groundwater and how expensive it would be to remove.
Because the Engineers and Consultants doing the City’s Water Feasibility Study are projecting costs between $20 million to $30 million dollars in order to address all of the Groundwater Issues Livingston faces.
Because Livingston has already failed to receive Grant Monies in the amount it has asked for Water System Upgrades because Livingston’s Water Rates were considered "to low" by the agency evaluating the Grant Request.
Because $9 million dollars used for Cleaning up the TCP is $9 million dollars LESS that would need to be factored into any Future Rate Increases.
References, including Newspaper Articles, Staff Reports, Water Quality Reports, Reports to the Utility Rate Stakeholders Committee, and Water System Inspection Report upon request
And if that money is used “somewhere else”: like paying down other debt, doesn’t that mean that Rate Payers will eventually have to make up for that in Higher Water Rates?
Just something to think about
And yes, References, including Newspaper Articles, Staff Reports, Water Quality Reports, Reports to the Utility Rate Stakeholders Committee, and Water System Inspection Report are still available upon request for those of you who might want to see them.
ONE MORE THING, DEAR KARMA, while I am thinking about it. If I am a worm, I am THE GREAT WORM! Shai-Hulud! Get it right my dear Karma. Get it right.
Summon the Worms
And now on to the
CONCURRENT MEETING
CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF LIVINGSTON
REGULAR MEETING AGENDA
JANUARY 15, 2013
CLOSED SESSION: 6:00 P.M.
OPEN SESSION: 7:00 P.M.
Notice is hereby given that the City Council and Successor Agency to the Redevelopment Agency will hold a Regular Meeting on January 15, 2013, 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.CLOSED SESSION
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. Successor Agency
Conference with Legal Counsel – Potential Litigation
[(Government Code Section 54956.9(d)(2)]
4. Conference with Legal Counsel – Potential Litigation
[(Government Code Section 54956.9(d)(2)]
Number of Cases: 3
5. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: City Manager Jose Antonio Ramirez
Employee Organizations: All Represented City Employees
Regular Meeting
CALL TO ORDER Next Resolution Number: 2013-1
Next Ordinance Number: 600
Pledge of Allegiance. Next Successor Agency
Resolution Number: 2013-1
Roll Call.
Closed Session Announcements.
Changes to the Agenda.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1. Presentation by Council Member Jim Soria – Introduction and Recognition of Junior Football All Star Team Members.
GRANT ANNOUNCEMENTSANNOUNCEMENTS AND REPORTS
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.
CITY COUNCIL FUTURE AGENDA ITEM REQUESTS
PUBLIC HEARINGS
CITIZEN COMMENTS
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.
CONSENT CALENDAR
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.
"But the fruit of the Spirit is love, joy, peace, patience, kindness, goodness, faithfulness, gentleness and self-control. Against such things there is no law" Galations 5:22,23 NIV
“Jesus said, ‘Let the little children come to me, and do not hinder them, for the kingdom of heaven belongs to such as these’.’ Matthew 19:14 NIV
"And whoever welcomes a little child like this in my name welcomes me" Matthew 18:5 NIV "
“Woe to you, teachers of the law and Pharisees, you hypocrites! You shut the kingdom of heaven in men’s faces. You yourselves do not enter, nor will you let those enter who are trying to” Matthew 23:13 NIV
"A good tree cannot bear bad fruit, and a bad tree cannot bear good fruit."…."Thus, by their fruit you will recognize them"|
"Many will say to me on that day, ‘Lord, Lord, did we not prophesy in your name, and in your name drive out demons and perform many miracles?".."Then I will tell them plainly, ‘I never knew you. Away from me, you evildoers!" Matthew 7:18, 20, 22, 23 NIV
This is one of those few “different kinds of posts” where I rant about something other than Local Politics.
Most of you have already heard of the terrible events that took place at Sandy Hook Elementary School. So, I’m not going to go into the details, or talk about about the debates going on in other forums about Mental Health Services or Gun Control.
Now, Having grown up as a Free Will Baptist Deacon’s Kid, I went to a whole lot of Sunday School, and did a whole lot of Bible Study in my youth, and for the life of me, I don’t recall any scripture (especially in the New Testament) that would even remotely justify causing the kind of ruckus that seems to be the Westboro (so called) Baptist Church’s stock in trade.
I mean really…. Could you really see Jesus picketing or otherwise trying to disrupt funerals?
Or endorsing those who would do such a thing?
Especially children’s funerals?
I can’t…
I don’t think I’m going out too far on a scriptural limb to say that just because a family of lawyers calls themselves a "church", does not make them part of "The Church": which is the "body of Christ"
After all, those of you who have actually read through the New Testament already know that Jesus focused his most scathing condemnations for those Religious Teachers of the Law who were in his view, just a bunch of dressed up tombs full of rotting corpses.
The kind that would cross every legal "t" and dot every legal "i" but who really didn’t give a rats rear end about the welfare of people’s souls.
By their fruits ye shall know them
Seems to me "Westboro’s" fruits reek of sulfur
And I don’t think I’m the only person smelling smoke.
On a more positive note
A FEW WEEKS AGO a group of dedicated volunteers came out on a cold rainy Saturday to lay sod at that vacant lot next to the Lil Guys and Gals Ball Park. I’d like to take this opportunity to say a big THANK YOU to the folks who were willing to help out: even in cold rainy weather.
Member/Alternate – Merced County Association of Governments (MCAG) Governing Board.
Rodrigo Espinoza /Arturo Sicairos
Representative/Alternate – Central Valley Division League of California Cities.
Jim Soria/David Mendoza
Representative/Alternate – Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board.
Rodrigo Espinoza/
City Council Liaison – Livingston Planning Commission.
Arturo Sicairos
City Council Liaison – Livingston Parks and Recreation Commission.
Jim Soria
City Council Liaisons – Utility Rate Stakeholders Committee
Gurpal Samra / David Mendoza
As Reported in the Merced Sun Star, former Mayor Pro Tem Margarita Aguilar plans to return in two years. This could make for some interesting politics.
The way I understand it, there are only two positions on the council that would be up in two years: Mayor – currently occupied by Rodrigo Espinoza and City Council Member/Mayor Pro Tem – currently occupied by Gurpal Samra.
This would also put a run for Council about a few months to a year after the City of Livingston plans to “finish” with its latest attempt at Water, Sewer, and Garbage Rate increases.
As reported in the Merced Sun Star “A recent report by a financial consultant showed the water fund has been struggling and had a negative balance of about $1.1 million at the end of the 2011-12 fiscal year.”
So…why should Atwater’s Financial Problems mean anything to us? you might be asking. Well, to begin with, like Atwater, the City of Livingston currently has deficits in all three of it’s Enterprise Funds to deal with: Water, Waste Water (Sewer) and Sanitation (Garbage)
However, unlike Atwater, during the Run Up to the Recall Election of 2010 in Livingston, a big deal was made about Livingston’s City Council “needing” at least a 4-1 Vote to “legally” pass Rate Increases. It will be interesting to hear what our newest City Attorney has to say about such things when the time comes.
And now on to the
CITY COUNCIL REGULAR MEETING AGENDA
DECEMBER 18, 2012
7:00 P.M.
Notice is hereby given that the City Council will hold a Regular Meeting on December 18, 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 agenda shall be as follows:
Regular Meeting
CALL TO ORDER Next Resolution Number: 2012-80
Next Ordinance Number: 600
Pledge of Allegiance.
Roll Call.
Changes to the Agenda.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
GRANT ANNOUNCEMENTS
ANNOUNCEMENTS AND REPORTS
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.
CITY COUNCIL FUTURE AGENDA ITEM REQUESTS.
PUBLIC HEARINGS
CITIZEN COMMENTS
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.
CONSENT CALENDAR
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.
EPORT By the California Department of Health is now available. And although the overall condition of the system is described as “good”, there were 20 items the California Department of Health stated “required action”.
(209) 394-8041,
(209) 394-8041,
FAMILY HAMBURGER NIGHT AT THE VFW…..Join us for the VFW Hamburger Night, March 28, 2013, from 5-7 pm at the Livingston Veterans Memorial Building, 1605 7th Street, in Livingston. The public is invited, and you do not have to be a member to attend.
the discussion revolved around whether or not to limit Livingston High School to only 1 Fireworks Stand per year. There had been complaints that Livingston High School has been getting the lion’s share of Fireworks Stands over the years and if the High School was limited to only 1 of the available 5 annual permits, more non profit organizations would be able to “have a turn” at having a Fireworks Stand. 
Air Force Airman Fernando Ramirez graduated from basic military training at Lackland Air Force Base, San Antonio, Texas…The airman completed an intensive, eight-week program that included training in military discipline and studies, Air Force core values, physical fitness, and basic warfare principles and skills.
Three(3) girls from Livingston ages 10 to 14, were named Chapter Champions of the Knights of Columbus Council 9363 Free Throw Championship: held recently at the Livingston Middle School Gymnasium. The Chapter level included cities from Livingston to Hanford in the Central Valley and the Mountains.
On Monday, March 03, 2013, the Utility Rate Stakeholders Committee will meet in the City Hall Conference room at 5:30. Two of the Water Quality Issues that are “impacting” Foster Farms will be discussed: 
Air Force Airman Cristian E. Rosales graduated from basic military training at Lackland Air Force Base, San Antonio, Texas… The airman completed an intensive, eight-week program that included training in military discipline and studies, Air Force core values, physical fitness, and basic warfare principles and skills.
Livingston faces discrimination claim from former development director, Merced 
All boys and girls ages 10-14 are invited to participate in the local level of competition for the 2113 Knights of Columbus Free Throw Championship. The local competition will be held on January 27, 2013 at 1:00pm at The Livingston High School Gymnasium.
The Livingston/Delhi Veterans of Foreign Wars and Ladies Auxiliary Breakfast will be served on January 27, 2013, at the Livingston Veterans Memorial Hall, located at 1605 7th Street, in Livingston. 
Join us for the VFW Hamburger Night, January 31, 2013, from 5-7 pm at the Livingston Veterans Memorial Building, 1605 7th Street, in Livingston.
The Livingston-Delhi Veterans of Foreign Wars Post 8327 will be holding a huge Building Materials Sale at the Veterans Memorial Hall, located at 9799 Stephens Street, Delhi California. 
Get it right my dear Karma. Get it right.
BUT I HEARD SOME ADDITIONAL NEWS OVER THE WEEKEND that frankly, has me feeling like spouting some fire and brimstone of my own. The Westboro (so called) Baptist Church and it’s plans to 
