Licenses, Fees, Consultants and Public Relations, (and a City Council Agenda)

“The fees range from $30 for some smaller cities with only a couple of retailers to $665, with the majority of fees between $200 – $350.  Enforcement and compliance checks for these ordinances are handled by a variety of different agencies including the police department, sheriff’s department, public health department, code enforcement and others.” – The Center for Tobacco Policy and Organizing

Yeh, Yeh, Yeh, I know. It’s supposed to be “just” a presentation. But Presentations sometimes end up as Discussion and Potential Action Items, which morph into Public Hearings, and eventually grow up to be Ordinances.

More on this on a little later. But first…it’s been a little while since we’ve peeked into Delta Bravo Sierra land

 

Where is this heading? Not necessarily where you might think. After all, There’s strange, than there is “Army Strange” out there in Delta Bravo Sierra Land: courtesy of Damon Shackelford: furious scribbler of military cartoons.

Family Hamburger Night at the VFW

Join us for the VFW Hamburger Night, April 26, 2012, from 5-7 pm at the Livingston Veterans Memorial Building, 1605 7^th 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.

Livingston/Delhi VFW Breakfast in April

The Livingston/Delhi Veterans of Foreign Wars and Ladies Auxiliary Breakfast will be served on April 29, 2012, at the Livingston Veterans Memorial Hall, located at 1605 7^th Street, in Livingston.

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 12 pm.

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.

There’s Still Time to Help Give the Lil Guys and Gals and even better place to play!

In 2006 the city purchased the storm drain basin (4 lots) next to the park and filled it in with the intent of making it a park to service the ball park participants and their families. Since then, Lil Guys and Gals field has been a ball park used for many years by the residents of Livingston…By purchasing a stepping stone the community not only provides the financing for the park, but in turn places a personal monument in the park for years to come.

Stones will be sold until there are enough sales to cover the completion of the park. The Commission’s goal is Summer of 2012.

If you are interested in creating a Memorial Stone and/or participating in one of the many work days that will take place to upgrade the park, call the Recreation Office at 394-8830 for more information.

Are there more Licensing Fees in Livingston’s Future?

On This Tuesday’s Agenda there will be a Presentation about Adopting a Retail Licensing Policy for Tobacco Sales. There was nothing in the Online Agenda Packet about this Item.  So, I did a little research online and found an article about Tobacco Retail Licensing (which can be found by CLICKING HERE.)

According to the Article

In order to reduce illegal sales of tobacco products to minors, many cities and counties in California have adopted strong local tobacco retailer licensing ordinances

And

The fees range from $30 for some smaller cities with only a couple of retailers to $665, with the majority of fees between $200 – $350.

Don’t get me wrong here. I am not saying that people shouldn’t be concerned about the use of Tobacco by Minors. But what I am saying is, Isn’t the Tobacco Industry already heavily regulated and taxed?

The State + Federal tax on a pack of cigarettes is already around $1.88. Right?

(Um..weren’t these high taxes supposed to “help” discourage smoking in general. And wasn’t some of that tax money supposed to go towards programs and such to discouraging minors from smoking? Is it too politically incorrect to ask where that money actually goes?)

And don’t forget about Proposition 29……

If Proposition 29 is approved by California’s voters, the tax on cigarettes in the state will increase by $1.00 per pack. California’s current cigarette tax is 87 cents per pack. The total tax per pack of cigarettes, if Proposition 29 passes, will be $1.87/pack. The additional tax revenue will be used to fund cancer research, smoking reduction programs, and tobacco law enforcement with 3% (approximately $ 23 million annually) (going) to tobacco law enforcement "to support law enforcement efforts to reduce cigarette smuggling, tobacco tax evasion, and counterfeit tobacco products, to reduce illegal sales of tobacco products to minors, and to enforce legal settlement provisions and conduct law enforcement training and technical assistance activities for tobacco related statues". (emphasis mine) - California Proposition 29, Tobacco Tax for Cancer Research Act (June 2012), Ballotpedia

Don’t we have local businesses in town who are already struggling to keep their doors open while paying for the Permits and Licenses they have to get already?

So… do we do we really need yet another fee paid by Local Business People?

And it Looks Like The Next Prop 218 Hearing will feature both a Rate Study Consultant and a Public Relations Firm

Staff Report, Agenda Item # 3. Resolution Awarding a Professional Services Contract to Provide Water, Wastewater and Solid Waste Utility Rate Studies, Community Outreach and Proposition 218 Balloting Services to Hansford Economic Consulting (HEC) Truckee, California and Authorizing the City Manager to Execute the Agreement.

During the Rate Study Consultant selection process, one of the issues the Utility Rate Stakeholders Committee discussed was how to "translate" complex Regulatory and Engineering terminology, into terms the general population could relate to.

It’s one thing to “crunch the numbers” and come out with Rate Scenarios. It’s quite another to explain the “why” behind the numbers. It’s been my observation that even some the best and brightest in the "technical trades" have a really hard time dealing with the Language Barrier between themselves and those who do not speak the same "technical language" they do.

One option being considered by the Utility Rate Stakeholder’s Committee is to  hire a Public Relations Firm which has expertise in translating "Regulatory/Engineering geek speak" and jargon into Everyday Language .

But that would have it’s own share of objections to overcome.

Most people do not like to feel they are being "sold a bill of goods". And after having been told during the Run Up to the Recall, that the prior rate increases were "unwarranted and unnecessary", they may not be inclined to accept any Rate Increase they perceive as still "too high" and might resent what they would see as the "intrusion" of a Public Relations Firm trying to "fool them" into thinking otherwise.

If the use of a Public Relations Firm is really necessary this time around, I would hope it could do some of the initial "translation" and preparation of materials for the Public.

Then have the 2 Educators, 2 Business Persons, 1 Former Council person/Planning, Commissioner, and 1 Newcomer to Livingston actually participate in the Presentations to the Public.

After all, if they are competent enough to be on the Committee and recommend which Consultants to hire. They should be equally able to stand before the Public to help explain the results.

And now on to the

CITY COUNCIL REGULAR MEETING AGENDA

APRIL 17, 2012

CLOSED SESSION: 5:30 P.M.

OPEN SESSION: 7:00 P.M.

Notice is hereby given that the City Council will hold a Regular Meeting on April 17, 2012, at the City Council Chambers, 1416 C Street, Livingston, California. Persons with disabilities who may need assistance should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection at Livingston City Hall, 1416 C Street. The Open Session will begin at 7:00 p.m.

The Closed Session will be held in accordance with state law prior to the Open Session beginning at 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. 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. Public Employee Performance Evaluation

(Government Code Section 54957)

Title: City Attorney

4. Public Employee Performance Evaluation

(Government Code Section 54957

Title: City Manager

5. Conference with Legal Counsel-Potential Litigation

[(Government Code Section 54956.9(b)(1)]

Number of Cases: I

6. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

Regular Meeting

CALL TO ORDER Next Resolution Number: 2012-30

Next Ordinance Number: 600

Pledge of Allegiance.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Justin Surratt, Schneider Electric Company, "Energy Saving Partnership."

2. Presentation by Ritem Sandhu, Outreach Specialist, California Health Collaborative, Merced County Tobacco Control Program, "Tobacco Sales to Minors in Efforts for the City of Livingston to adopt a Tobacco Retail Licensing Policy."

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.

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 he 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 he 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. Resolution Awarding a Professional Services Contract to Provide Water, Wastewater and Solid Waste Utility Rate Studies, Community Outreach and Proposition 218 Balloting Services to Hansford Economic Consulting (HEC) Truckee, California and Authorizing the City Manager to Execute the Agreement.

4. Resolution Ratifying Appointments by the Mayor to the Oversight Board for the Former Livingston Redevelopment Agency.

5. Resolution Approving the Designation of the Official Representative and Alternate Representative to the PACE JPA Board of Directors.

6. Resolution Supporting Camp Green Meadows Outdoor School’s Summer Camp.

7. Approval of Minutes of Meeting Held on March 6, 2012.

8. Approval of Warrant Register Dated April 12, 2012.

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Continuation of Closed Session if Necessary.

ADJOURNMENT

Appeals Continued, Appeals Created, Postponed Projects, and a Planning Commission Agenda

Leveling a downtown block to build a Rite Aid drugstore is not the panacea city officials think it will be, at least not in the opinion of several people who stand to lose their businesses….In addition to the commercial buildings fronting Main Street, Rite Aid bought a small, city-owned park and parking area behind the buildings to gain control of the entire block..Excerpted from CITY’S WRONG ON RITE AID, SOME SAY – LIVINGSTON MERCHANTS WANT RELOCATION ASSIST, Bob White, Modesto Bee, February 17, 1999

Livingston Municipal Code

Based on all the research that we have done in-house, In Lieu Parking Fees were never collected. – Jose Ramirez, City Manager: City of Livingston, personal interview, week of 3/4/12

Brandon Friesen (said).…With the building vacant for seven years, no business in there will ever meet the current parking requirements. The City might as well change or modify the parking ordinance. As for the type of business, he would be more concerned about the aesthetics than about it being a bar. That’s freedom of choice. He hopes the Planning Commission does due diligence and review the CUP for security, but not so much parking. Excerpted from April 12, 2011 Planning Commission Draft Minutes

Rodrigo Espinoza (said he)… thinks that every business should have the right to come into the downtown….. He feels that if a business wants to come in, they should be given the opportunity and hopefully they mean well.Excerpted from April 12, 2011 Planning Commission Draft Minutes

Motion by Commissioner H. Gains, seconded by Commissioner Castellanos, to adopt Resolution 2012-02, a Resolution of the Planning Commission of the City of Livingston Amending Conditional Use Permit 2001-05, Approved by Resolution 2001-16 and Amended by Resolution 2004-01, for the Sale of Alcohol at 444 Main Street. Motion carried 4-0 Excerpted from the January 10th, 2012 Planning Commission Draft Minutes

 

WELL..IF I WAS CONFUSED BEFORE,  as time goes by I can’t help but become even more confused with how the Appeal  for the 444 Main Street Conditional Use Permit is being handled.  Mayor Espinoza’s opinion did an about face from: “every business should have the right to come into the downtown” to every business except Mr. Sperry’s Club should have the right to come into the downtown right before my very eyes.

Interesting….(can’t help but wonder what changed…)

More on that later………But First

THE 444 MAIN STREET CUP APPEAL IS NOT the only current Appeal in Process.

Although the Conditional Use Permit for the Livingston Family Apartments Project and the Resolution, Recommending to the City Council the Approval of Site Plan/Design Review 2009-03 and Development Agreement 2009-01 for the Livingston Family Apartments Project was approved by the Planning Commission, the Developers decided to Appeal the decision themselves.

REMEMBER THAT GALLO ANEXATION PROJECT? Community Development Director Kenney has reported  it will be moving forward under the 2025 General Plan Update instead of the 1999 General Plan.

AT LAST TUESDAY’S CITY COUNCIL MEETING, It became clear early on that the Council-As-A-Whole had already made up it’s collective mind that Mike Sperry would not, under any circumstances, be allowed to open a Club at 444 Main St. 

The Council also sent a strong message that they will not be inclined to approve, under any circumstances, anybody’s Bar, Club or Similar Kind of Establishment opening up at 444 Main Street.

(And Mr. Sperry received a rather stern lecture that evening from the Mayor Pro Tem about how one should behave oneself when going before the Planning Commission and City Council to ask for things like Conditional Use Permits.)

What is really “interesting” to me about the way this is going is that, originally, Mayor Espinoza had been a Strong Advocate In Favor of Mr. Sperry’s Application for a Conditional Use Permit in the past: Yet it was the Mayor himself who appealed the Decision of the Planning Commission when the Conditional Use Permit was finally granted.

Mayor Espinoza said it was because the decision was “interesting”: the appeal itself giving  no indication of anything “wrong” with the Specific Conditions in the Conditional Use Permit. Nor were there any suggestions given therein as to which Conditions should be changed, added to or deleted from the Conditional Use Permit in order to make it more palatable.

Now…I’m neither lawyer nor sociologist. But, from what I understand, there is one main “social issue” and two main “legal issues” involved. The Social Issue is: some people don’t want a bar/club at 444 Main Street because that would be “too close” to schools and children. The “legal issues” have to do with “parking” and the limit on the number of Establishments selling Alcohol by the Glass that could be located in the Downtown Commercial Area

(I’m not going to address the “Social Issue” here, except to wonder aloud if Council Members have considered those Establishments (close to schools and children) which sell Beer by the Pitcher: and nobody seems to have their knickers in knots over them.)

First: Some people were against it because it would violate the Zoning Code that said Establishments that sold Alcohol By The Glass couldn’t be within a certain number of feet of each other.

But the El Diamante closed, so that didn’t seem to be an issue any more.

Then, some people seemed to be against it because there wouldn’t be enough parking.

But addressing parking under the Current Municipal Code would be difficult for any new business in the Downtown because of actions the City took in the past. Actions like:

..Changing the parking in the Downtown from Diagonal to Parallel: which eliminated several parking places and

..Facilitating the sale of land to Rite Aide: which eliminated a public parking lot and therefore even more parking places.

And I know that the City has that In-Lieu Parking Fee “plan” such that;

a. Said funds shall be deposited with the City in a special fund and shall be used and expended exclusively for the purpose of acquiring and developing off-street parking facilities located insofar as practicable in the general vicinity of the buildings for which in-lieu payments were made. Municipal code Section 5-4-5(E)3a.

But I’ve observed City Council discussions about waiving and/or reducing In-Lieu Fees for some projects and the City has no proof whatsoever that it has ever even received any In-Lieu Parking Fees from anyone at anytime.

Besides, especially in this economy, do you really foresee the possibility of the City constructing a Brand Spankin’ New Parking Structure in the next 5 years? 10 years? Ever?

Philosophically, I’m "neutral" on the Merits of having a Club at 444 Main St. It could be a "good thing" or a "bad thing" for the Downtown, depending upon the Business Model. I have not seen the Business Model, but I did not see anything "bad" in the Conditions of the Conditional Use Permit either.

So if the main issue is really about parking, any new business that would want to move into the 444 Main St. location would face "parking issues" which would  make it pretty much impossible for the average Small Business to afford moving into that building on Main Street.

And, I do not think the existential tongue lashing Mr. Sperry received from "the other side of the dais" that evening was in any way an example of a fair, impartial, discussion of the Merits of a Conditional Use Permit as written,  or how anyone’s concerns might be addressed by adding additional Modifications to the Conditional Use Permit.

So what’s next? Well, both sides seem very entrenched in their respective“positions”: The Council doesn’t want a club “there”. Mr. Sperry still wants to open his club “there”.

I’ve talked to Mr. Sperry and he sees no real “legal” reason to prohibit him from opening his Club at 444 Main Street and is still willing to negotiate the Conditions in the Conditional Use Permit in order to make that happen 

That is…provided the opportunity to negotiate is even offered.

So….What will happen next? Maybe you can tell me….. In the meantime, If you would like to hear the discussion CLICK HERE

AND NOW ON TO THE….

LIVINGSTON PLANNING COMMISSION

REGULAR MEETING AGENDA

MARCH 13, 2012 7:00 P.M.

CITY COUNCIL CHAMBERS, 1416 C STREET, LIVINGSTON

Members of the public are advised that all pagers, cellular telephones and any other communication devices be put on vibrate mode or turned off during the Planning Commission meeting.

Call to Order: 7:00 PM

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. Action Minutes from the March 5, 2012 Special Meeting with report.

Item No. 2 – City Council Update

a. Update of City Council items.

Item No. 3 – Public Comment

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. 4 – Public Hearings

a. Conditional Use Permit 2012-02. Blaine Yagi and Meng Vue have applied for a Conditional Use Permit to continue a legal nonconforming agricultural use within the City on approximately 15 acres (APN 024-100-059 and 047-200-022) just north of Campbell Avenue on the west side of Hammatt Avenue.

b. Zoning Text Amendment 2012-01 and Conditional Use Permit 2012-01. MFA Medical Group has applied for a Zoning Text Amendment and a Conditional Use Permit to operate a medical clinic to be located at 1616 Second Street, Livingston, CA, in a Low Density Residential (R- 1) zoning district.

Item No. 5 – Discussion and Direction

a. Murals

Item No. 6 – Reports

a. Planning Commission

b. City Staff

c. City Attorney

Item No. 7 – Adjournment to regular meeting on April 10, 2012.

In compliance with the Americans with Disabilities Act, if you 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.

Codes of Conduct, Feasibility Consultants, and a City Council Agenda

THERE ARE A COUPLE OF ITEMS OF SPECIAL INTEREST to Council Watchers in this weeks City Council Agenda: some of them “buried” in the Consent Calendar.

One, is a proposed Code of Conduct for Council Members, City Staff, Commissioners, and Volunteers (Volunteers?).

Another has to do with awarding a contract to Kennedy/Jenks for doing a “Feasibility Study” for a Centralized Water Treatment Strategy .

FIRST OFF, WHEN IT COMES TO A CODE OF CONDUCT AND ETHICS. This little nugget caught my attention

Other than being a little queasy about a very vague definition of “abusive conduct” the time the Council (and the public) might have really benefitted from something like this was back-in-the-day prior to those Grand Jury Investigations and the Run Up To The Recall. Things got pretty nasty during Council Meetings and accusations by Certain Council Members about Other Council Members Motives were common.

And I was there, and definitely remember when a Leader of the Recall and (future) Planning Commissioner told some Elderly Ladies of a Different Opinion that their opinions really didn’t matter because they’d be dead soon anyway.

Raking City Staff over the coals, in public, about whether or not they have the authority and discretion to do their own job? Yep. Witnessed that too. On more than one occasion.

How about that Council Member comment about firing all the part-time staff because none of them do any work anyway. I was in the audience for that one too.

But, I am certain that at least a couple of Current Council Members would have throw an absolute hissing fit if adopting a Code of Conduct would have even been floated as a serious proposition at the time.

Take away their opportunity to criticize the City Manager, City Attorney, other Council Members, City Staff, and certain members of “the public” in public?

Does anyone really think the prior City Manager would have had any more than a snowballs chance in hell of getting a Code of Conduct and Ethics passed?

(Now.. when it came to being on the receiving end of criticism. OMG! Some of them couldn’t even handle questions from the Press without crying foul and complaining about being “stalked”! But, still, even then, there wasn’t a real push to get a Code of Conduct & Ethics passed at that time.

Not that I can remember.)

So…..call me cynical, but I can’t help but wonder about the “timing” of this: coupled with it being a Consent Calendar Item as opposed to a Discussion and Potential Action Item.

We are getting ready for a few “Big Ticket Political Items” this year: A Feasibility Study for a Centralized Water Treatment System, A Utility Rate Study, and one Huge Honkin Election Cycle.

There has been talk about making the Mayors position 4 years instead of 2.

And also talk about putting a proposal on the November Ballot about changing the way Benefit Assessment Districts and Livingston As A Whole are taxed for things like Police, Fire, Landscaping and such.

Add it all up and it looks like the making for a  very hot “Political Year” in Livingston.

And now…somebody, seems to want somebody fitted with an “existential muzzle” {cough} Code of Conduct and Ethics: that says everybody has to only say nice things about everybody else.

Even the volunteers.

Or Else..

Interesting…..

ABOUT THE KENNEDY/JENKS CONTRACT

You’ll notice, if you look at the Agenda Packet, that the Kennedy Jenks proposal is the only one included as part of the Back Up Documentation. Yes..I know the Utility Rate Stakeholders Committee recommended Kennedy Jenks. But they did “final” interviews with two consultants: Kennedy Jenks and Carollo.

So now, the Committee has evolved from having the authority to “work with” and “make suggestions to” the Consultants the City Council has chosen to actually choosing which Consultants to work with.

AND DON’T FORGET THOSE MOUNTING ATTORNEY’S FEES

If you look at the Warrant Register, you’ll see close to $24,000 in Attorney’s fees: about $8,000 of that for the (seemingly eternal) General Plan Update. Fees in the Planning Department are also up.

Given the number of Code Updates/Changes the City Council keeps batting back and forth with the Planning Commission, its no wonder that those numbers just keeps growing like the Energizer Bunny keeps going.

AND NOW ON TO THE

CITY COUNCIL REGULAR MEETING AGENDA

FEBRUARY 21, 2012

CLOSED SESSION: 5:30 P.M.

OPEN SESSION: 7:00 P.M.

Notice is hereby given that the City Council will hold a Regular Meeting on February 21, 2012, at the City Council Chambers, 1416 C Street, Livingston, California. Persons with disabilities who may need assistance should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection at Livingston City Hall, 1416 C Street. The Open Session will begin at 7:00 p.m. The Closed Session will be held in accordance with state law prior to the Open Session beginning at 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. 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. Conference with Legal Counsel—Potential Litigation

[(Government Code Section 54956.9(b)(1)]Number of Cases: 3

4. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

Regular Meeting

CALL TO ORDER

Next Resolution Number: 2012-13

Next Ordinance Number: 598

Pledge of Allegiance.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation – Lori Flanders, Public Information Officer, Merced County Association of Governments – One Voice Program.

2 Presentation – Livingston Family Apartments. The Pacific Companies has applied for Site Plan/Design Review, a Conditional Use Permit and a Development Agreement for 49 affordable apartment units and a community center to be located on a 4 acre parcel (APN: 047-310-028) just south of Peach Avenue and the canal on the west side of Main Street. They will present the item and ask Council for direction on specific Development Agreement items.

3. Presentation – City Manager Jose Antonio Ramirez – Itinerary, Capitol Hill Meetings – Infrastructure Needs, Digital Literacy and Economic Development for the City of Livingston – February 27 through March 1, 2012.

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.

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.

4. Resolution Awarding a Professional Engineering Services Contract to Prepare a Feasibility Analysis Report for a Centralized Water Treatment Strategy for the City’s Water Supply to Kennedy/Jenks Consultants, Portland, Oregon and Authorizing the City Manager to Execute the Agreement.

5. Approval of Personal Code of Conduct/Ethics for the City of Livingston.

6. Approval of Minutes of Meeting Held on January 17, 2012.

7. Approval of Warrant Register Dated February 15, 2012.

DISCUSSION AND POTENTIAL ACTION ITEMS

8 Resolution of the City Council of the City of Livingston Acting in the Capacity as Successor Agency to the Redevelopment Agency of the City of Livingston, Adopting a Draft Recognized Obligation Payment Schedule (ROPS) Pursuant to Health and Safety Code Section 34177 (1).

ADJOURNMENT

And for those of you who want to immerse yourself in even more Livingston’s Political History

A FEW FORM 700’S ABOUT WHO OWNS WHAT AND WHERE IN LIVINGSTON

2012 CITY COUNCIL Agendas and Meeting Minutes If you click on this link, you will be taken to a page where not only can you access the Agenda Packed, but also individual pages on each Agenda Item

2011 CITY COUNCIL Agendas and Meeting Minutes (I’ve got a few more things “linked up” since my last post. Might want to check and see if there is anything in the History that interests you.)

POLICE CHIEF RECRUITMENT CITY OF LIVINGSTON

2012-2012 City of Livingston Draft Budget

The “Mission of the Utility Rate Stakeholders Committee” Series

February 15, 2011 Discussion: Utility Rate Stakeholders Committee In Which the idea was first proposed for a Stakeholders Committee in which members would work with City Staff and Consultants

APRIL 05, 2011: DISCUSSION OF UTILITY RATE STAKEHOLDER COMMITTEE MEMBER APPOINTMENTS IN WHICH THE PEOPLE WHO WOULD BE WORKING WITH CITY STAFF AND CONSULTANTS WERE CHOSEN

JUNE 07, 2011 DISCUSSION OF UTILITY RATE COMMITTEE MEETING IN WHICH IT WAS REVEALED THAT THE PEOPLE WHO WOULD BE WORKING WITH CITY STAFF AND CONSULTANTS ALREADY HAD THEIR FIRST  “GET TOGETHER”. BUT THE PUBLIC WAS NOT INVITED.

DECEMBER 06, 2011 CHANGE OF UTILITY RATE STUDY CONSULTANT DISCUSSION IN WHICH IT WAS REVEALED THE CITY MANAGER ENDED THE CONTRACT WITH THE “COUNCIL APPROVED” CONSULTANT AND SENT OUT A REQUEST FOR PROPOSAL TO LOOK FOR A BRAND NEW ONE.

JANUARY 24, 2012 UTILITY RATE STAKEHOLDERS COMMITTEE MEETING – AT WHICH THE COMMITTEE POSTPONED THE SELECTION OF A NEW UTILITY RATE STUDY CONSULTANT.

OUT WITH THE “CONSULTANT #3, IN WITH CONSULTANT #4” SERIES

• REQUEST FOR PROPOSALS TO PROVIDE WATER, WASTEWATER AND SOLID WASTE RATE STUDIES, COMMUNITY OUTREACH AND PROPOSITION 218 BALLOTING SERVICES

  AND DON’T FORGET THERE’S A SEARCH ON FOR THIS ADDITIONAL CONSULTANT TOO…

• REQUEST FOR PROPOSAL – PROFESSIONAL ENGINEERING SERVICES TO PREPARE A FEASIBILITY ANALYSIS REPORT FOR A CENTRALIZED WATER TREATMENT STRATEGY FOR THE CITY WATER SUPPLY

THE “BRIEF HISTORY OF HOW WE GOT INTO THIS MESS” SERIES

• A BRIEF HISTORY OF TIME (SPENT ON “FIXING” WATER, WASTE WATER, AND GARBAGE RATES-AND OTHER RELATED ISSUES) PART 1—1995 THROUGH 2002

• A BRIEF HISTORY OF TIME (SPENT ON “FIXING” WATER, WASTE WATER, AND GARBAGE RATES-AND OTHER RELATED ISSUES) PART 2—2003 THROUGH 2007

• A BRIEF HISTORY OF TIME (SPENT ON “FIXING” WATER, WASTE WATER, AND GARBAGE RATES-AND OTHER RELATED ISSUES) PART 3—JANUARY 2007 THROUGH FEBRUARY 2008

• A BRIEF HISTORY OF TIME (SPENT ON “FIXING” WATER, WASTE WATER, AND GARBAGE RATES-AND OTHER RELATED ISSUES) PART 4— JANUARY 2008 THROUGH OCTOBER 2008

• A BRIEF HISTORY OF TIME (SPENT ON “FIXING” WATER, WASTE WATER, AND GARBAGE RATES-AND OTHER RELATED ISSUES) PART 5— OCTOBER,2008 THROUGH JUNE 2009

• A BRIEF HISTORY OF TIME (SPENT ON “FIXING” WATER, WASTE WATER, AND GARBAGE RATES-AND OTHER RELATED ISSUES) PART 6— SOME BACKGROUND INFORMATION AND A BRIEF RECAP OF WHAT HAPPENED BETWEEN 1995 AND JUNE 2009

• *A BRIEF HISTORY OF TIME (SPENT ON “FIXING” WATER, WASTE WATER, AND GARBAGE RATES-AND OTHER RELATED ISSUES) PART 7: SOME ENTERPRISE FUNDS BASICS, MEETING HIGHLIGHTS: JULY 7, 2009 THROUGH DECEMBER 01, AND A CITY COUNCIL AGENDA

• A BRIEF HISTORY OF TIME ABOUT UTILITY RATES PART 8: A CHANGE OF CONSULTANTS: AN ILLEGAL 42’ SEWER PIPE; AND A SPECIAL PLANNING COMMISSION MEETING

• A BRIEF HISTORY OF UTILITY RATES PART 9: “FEASIBILITY” MOVES FORWARD, RATE STUDIES GET STALLED, AND WHAT EVER HAPPENED TO WATERING DAYS ANYWAY?

A FEW LETTERS, SUN-STAR & AND MIKE MCGUIRE ARTICLES ABOUT LIVINGSTON POLITICS (AND A FEW OTHER THINGS WORTHY OF NOTE)(THE LINKS HERE GO ALL THE WAY BACK TO THE 2008 ELECTION CYCLE)

THE 1995 WATER RATE RESOLUTION(DO YOU SEE ANYTHING IN THERE THAT SAYS “INDUSTRIAL”?)

CALIFORNIA DEPARTMENT OF HEALTH SEPT. 2010 LETTER ON WATER SYSTEM FUNDING

WELL #15 ENFORCEMENT LETTER & STAFF REPORT

WELL #15 MANGANESE ENFORCEMENT LETTER DISCUSSIONS

HOW THEY VOTED IN 2011 (IT’S STILL A WORK IN PROGRESS. BUT I’M WORKING ON IT!)

HOW THEY VOTED IN 2010

HOW THEY VOTED IN 2009

HOW THEY VOTED IN 2008

HOW THEY VOTED IN 2007

HOW THEY VOTED IN 2006.

CITY COUNCIL DRAFT MEETING MINUTES FOR 2010

CITY COUNCIL DRAFT MEETING MINUTES FOR 2009

CITY COUNCIL DRAFT MEETING MINUTES FOR 2008

CITY COUNCIL MEETING MINUTES FOR 2007

CITY COUNCIL MEETING MINUTES FOR 2006

CITY COUNCIL MEETING MINUTES FOR 2005

CITY COUNCIL MEETING MINUTES FOR 2004

2010-2011 MERCED COUNTY GRAND JURY FINAL REPORT

2009-2010 MERCED COUNTY GRAND JURY FINAL REPORT

2008-2009 INTERIM REPORTS MERCED COUNTY CIVIL GRAND JURY POSTSCRIPT TO FY2007/2008 GRAND JURY’S REPORT ON THE CITY OF LIVINGSTON

2007 2008 MERCED COUNTY GRAND JURY FINAL REPORT

2006-2007 MERCED COUNTY GRAND JURY FINAL REPORT

Appealing a Commission Decision, and a Planning Commission Agenda

Rodrigo Espinoza… thinks that every business should have the right to come into the downtown….. He feels that if a business wants to come in, they should be given the opportunity and hopefully they mean well. Excerpted from April 12, 2011 Planning Commission Draft Minutes

Motion by Commissioner H. Gains, seconded by Commissioner Castellanos, to adopt Resolution 2012-02, a Resolution of the Planning Commission of the City of Livingston Amending Conditional Use Permit 2001-05, Approved by Resolution 2001-16 and Amended by Resolution 2004-01, for the Sale of Alcohol at 444 Main Street. Motion carried 4-0 Excerpted from the January 10th, 2012 Planning Commission Draft Minutes

Mike Sperry thanked the Planning Commission for being open minded and said that he will make it work. Ibid

I am requesting that this decision be appealed to the City Council for Final Decision. Excerpted from the Appeal’s  letter written by Mayor Rodrigo Espinoza

From April 2011 to February 2012 isn’t even a whole year, but my what a difference a few months make. Personally… I’m just a tad confused about the way this Conditional Use Permit thing is going.

More on that later, but first: another peek into Delta Bravo Sierra Land

There’s strange, than there is “Army Strange” out there in Delta Bravo Sierra Land: courtesy of Damon Shackelford: furious scribbler of military cartoons.

 

Rest in Peace Regino—Mass of Christian Burial will be at St Judes Catholic Church, Livingston, CA on Tuesday, February 14, 2012 at 2:00 P.M. with burial to follow at Winton District Cemetery. The family has set up the account to help pay for funeral expenses.

Donations can be made at any Wells Fargo bank with the memorial account No. 7347876224.

Thank you Julio Valedez for getting out the word on how folks can help this family through this time of terrible grief and loss.

Anyone For Fish?

There’s Still Time to Help Give the Lil Guys and Gals and even better place to play!In 2006 the city purchased the storm drain basin (4 lots) next to the park and filled it in with the intent of making it a park to service the ball park participants and their families. Since then, Lil Guys and Gals field has been a ball park used for many years by the residents of Livingston…

The Recreation Commission determined in 2011 to take on the park as a project. The commission wanted to involve the community and let them help bring this project to reality. By purchasing a stepping stone the community not only provides the financing for the park, but in turn places a personal monument in the park for years to come.

Stones will be sold until there are enough sales to cover the completion of the park. The Commission’s goal is Summer of 2012.

Once you have purchased a stone you will be called by the Recreation Department for an appointment to make/create your stone.

If you are interested in creating a Memorial Stone and/or participating in one of the many work days that will take place to upgrade the park, call the Recreation Office at 394-8830 for more information.

Remember that Appeal I mentioned earlier?

As I was working on the Planning Commission Agenda to get it ready for posting, I noticed the following Agenda Item.

c. Action Minutes from the January 10, 2012 regular meeting with Report.

Now…I’m used to seeing the phrase “Action Minutes” having to do with months in which the Planning Commission had met. But Action Minutes “with Report”? Uh-Oh. Now what?

So I download the Agenda Packet and look at the Staff Report and lo and behold: someone was appealing the decision to grant a Conditional Use Permit to (the formerly Tequila Club) 444 Main Street.

Now that really got me curious. You see, it seems that since around April or so of last year, some of the members of the City Council and Planning Commission  have been trying to come up with creative ways to amend the Zoning in the Downtown Commercial District to allow Mike Sperry to open a Bar/Club at 444 Main Street (after all, that building has been empty and unused for the longest time).

At the time, there seemed to be 2 main Stumbling blocks getting in the way of doing something with that building:

1. a footnote in the Zoning Ordinance that prohibited establishments selling Alcohol by the Glass to be within 1,000 feet of each other and

2. the general lack of parking spaces in that part of town.

In April 2011, the Planning Commission voted to recommend doing away with the 1,000 ft. restriction, but that decision was rejected by the City Council. The Vote at Council was as follows:

M/S Aguilar/Land to deny the recommendation by the Planning Commission. The motion carried 3-2 by the following roll call vote:

AYES: Council Members: Aguilar, Land, Vierra

NOES: Council Members: Espinoza, Samra

But the El Diamante closed and the Restaurant planned for that location fizzled: which meant 444 Main Street would no longer be “negatively” impacted by the “1,000 ft. rule” any more.

Which left “parking” as the main issue to be resolved.

At the January 10th Planning Commission Meeting, when the Planning Commission Granted the CUP for 444 Main St.

Assistant City Attorney Minkler explained the action the Planning Commission just took is to modify the existing CUP for this site. It gives Mr. Sperry permission to sell alcohol by the glass as a bar and operate as a bar and it doesn’t impose any additional parking requirements.

So it seemed everything was falling into line for Mr. Sperry to have the building inspected, get his Business License, and get on with the process of opening his Club.

Until Mayor Espinoza filed his appeal that is: stating

There was an interesting decision taken by the Planning commission on Tuesday January 10, 2012 regarding CUP 2001-16 on 444 Main St. Since this item interest the community and it in involves our downtown, I think that the City Council should review it. I am requesting that this decision be appealed to the City Council for final decision.

So…Mr. Sperry finally gets his Conditional Use Permit from the Planning Commission and the Mayor want’s the decision moved to the City Council for review?

WHY?

Because it was an interesting decision?

I..am..s0..very..much..confused

Now…For the Planning Commission Agenda

{Note from TheGardeningSnail: This was produced by taking a PDF Image file, bouncing it through a Program that converts Image to Text, copying the text into the Blogging Software, than posting to the Internet. Soooooo if there happen to be any goofs, gaffs, and other Textual Gremlins, sorry bout that! And I’ve stuck a note here and there as well }

LIVINGSTON PLANNING COMMISSION

REGULAR MEETING AGENDA

FEBRUARY 14, 2012 7:00 P.M.

CITY COUNCIL CHAMBERS, 1416 C STREET, LIVINGSTON

Members of the public are advised that all pagers, cellular telephones and any other communication devices be put on vibrate mode or turned off during the Planning Commission meeting.

Call to Order: 7:00 PM

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. Action Minutes from the December 13, 2011 regular meeting.

b. Action Minutes from the December 29, 2011 Special Meeting.

c. Action Minutes from the January 10, 2012 regular meeting with Report. (Note from TheGardeningSnail. This is in regards to an appeal of the decision to grant a Conditional Use Permit to 444 Main Street (formerly the Tequila Club)

Item No. 2 – City Council Update

a. Update of City Council items.

Item No. 3 – Public Comment

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. 4 – Public Hearings

a. Site Plan/Design Review 2009-03, Conditional Use Permit 2009-03 and Development Agreement 2009-01. The Pacific Companies has applied for Site Plan/Design Review, a Conditional Use Permit and a Development Agreement for 49 affordable apartment units and a community center to be located on a 4 acre parcel (APN 047-310-028) just south of Peach Avenue and the canal on the west side of Lincoln Blvd.

b. Amendment 2011-08, Livingston Municipal Code (LMC) 5-3, Setbacks. The City Council asked the Planning Commission, through Resolution of Intent 2011-71 to take public comment, determine General Plan consistency, and make a recommendation to the City Council concerning an amendment to reduce residential rear yard setbacks from a minimum of fifteen (15) feet to a minimum of five (5) feet. The Planning Commission at their regular meeting of December 13, 2011 by 5-0 voted to recommend retaining the existing fifteen (15) foot rear yard setback. The City Council at their regular meeting of January 3, 2012 requested the Planning Commission review the materials again and make recommendation concerning the inclusion of a second story rear setback for the R-1 zoning district in addition to a revised first story setback.

Item No. 5 – Discussion and Direction

a. Provide staff direction concerning nonconforming uses and a Resolution of Intent. (Note from TheGardeningSnail: a property owner has a Highway Commercial (C-3) zoned parcel (APN 047-210-020, 2351 F Street) with nonconforming residential buildings/use that has been vacant for over six (6) months. Per City Code, the next use of the property must be a commercial use but the owner would like to sell it as a residential rental property)

Item No. 6 – Reports

a. Planning Commission

b. City Staff

c. City Attorney

Item No. 7 – Adjournment to regular meeting on March 13, 2012.

In compliance with the Americans with Disabilities Act, if you 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 he appealed to the Livingston City Council by filing an appeal, in writing and paying the appropriate fees, with the City Clerk.

And for those of you who want to immerse yourself in even more Livingston’s Political History

A FEW FORM 700’S ABOUT WHO OWNS WHAT AND WHERE IN LIVINGSTON

2012 CITY COUNCIL Agendas and Meeting Minutes If you click on this link, you will be taken to a page where not only can you access the Agenda Packed, but also individual pages on each Agenda Item

2011 CITY COUNCIL Agendas and Meeting Minutes (I’ve got a few more things “linked up” since my last post. Might want to check and see if there is anything in the History that interests you.)

POLICE CHIEF RECRUITMENT CITY OF LIVINGSTON

2012-2012 City of Livingston Draft Budget

The “Mission of the Utility Rate Stakeholders Committee” Series

February 15, 2011 Discussion: Utility Rate Stakeholders Committee In Which the idea was first proposed for a Stakeholders Committee in which members would work with City Staff and Consultants

April 05, 2011: Discussion of Utility Rate Stakeholder Committee Member Appointments In which the people who would be working with City Staff and Consultants were chosen

June 07, 2011 Discussion of Utility Rate Committee Meeting In which it was revealed that the people who would be working with City Staff and Consultants already had their first  “get together”. But the public was not invited.

December 06, 2011 Change of Utility Rate Study Consultant Discussion In which it was revealed the City Manager ended the Contract with the “Council Approved” Consultant and sent out a Request for Proposal to look for a Brand New One.

January 24, 2012 Utility Rate Stakeholders Committee Meeting – At which the Committee postponed the selection of a New Utility Rate Study Consultant.

Out with the “Consultant #3, In with Consultant #4” Series

• Request for Proposals to Provide Water, Wastewater and Solid Waste Rate Studies, Community Outreach and Proposition 218 Balloting Services

And Don’t Forget There’s a Search on for this Additional Consultant too…

• REQUEST FOR PROPOSAL – PROFESSIONAL ENGINEERING SERVICES TO PREPARE A FEASIBILITY ANALYSIS REPORT FOR A CENTRALIZED WATER TREATMENT STRATEGY FOR THE CITY WATER SUPPLY

The “Brief History of How We Got Into This Mess” Series

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 1—1995 through 2002

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 2—2003 through 2007

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 3—January 2007 through February 2008

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 4— January 2008 through October 2008

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 5— October,2008 through June 2009

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 6— Some Background Information and a Brief Recap of What Happened Between 1995 and June 2009

• *A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 7: Some Enterprise Funds Basics, Meeting Highlights: July 7, 2009 through December 01, and a City Council Agenda

• A Brief History of Time About Utility Rates Part 8: A Change of Consultants: An Illegal 42’ Sewer Pipe; and a Special Planning Commission Meeting

• A Brief History of Utility Rates Part 9: “Feasibility” Moves Forward, Rate Studies get Stalled, and What Ever Happened to Watering Days Anyway?

A FEW LETTERS, SUN-STAR & AND MIKE MCGUIRE ARTICLES ABOUT LIVINGSTON POLITICS (AND A FEW OTHER THINGS WORTHY OF NOTE)(THE LINKS HERE GO ALL THE WAY BACK TO THE 2008 ELECTION CYCLE)

The 1995 Water Rate Resolution (Do you see anything in there that says “Industrial”?)

California Department of Health Sept. 2010 Letter on Water System Funding

Well #15 Enforcement Letter & Staff Report

Well #15 Manganese Enforcement Letter Discussions

How They Voted in 2011 (It’s still a Work In Progress. But I’m Working on it!)

How They Voted in 2010

How They Voted in 2009

How They Voted in 2008

How They Voted in 2007

How They Voted in 2006.

City Council Draft Meeting Minutes for 2010

City Council Draft Meeting Minutes for 2009

City Council Draft Meeting Minutes for 2008

City Council Meeting Minutes for 2007

City Council Meeting Minutes for 2006

City Council Meeting Minutes for 2005

City Council Meeting Minutes for 2004

2010-2011 Merced County Grand Jury Final Report

2009-2010 Merced County Grand Jury Final Report

2008-2009 Interim Reports Merced County Civil Grand Jury Postscript to FY2007/2008 Grand Jury’s Report On The City of Livingston

2007 2008 Merced County Grand Jury Final Report

2006-2007 Merced County Grand Jury Final Report

A Brief History of Utility Rates Part 9: “Feasibility” Moves Forward, Rate Studies get Stalled, and What Ever Happened to Watering Days Anyway?

The majority of the City water system was constructed in the 1920’s, 1930’s, 1940’s and 1950’s. Water quality problems have developed because the old cast iron pipes are rusting, often leaving an odor and brown residue in the water. These sections of pipe have also been historically prone to leaks and breaks. In addition, system weaknesses have developed due to the rapid growth of the community in recent years. (Source: City of Livingston 2010-2011 Adopted Budget, pgs. 45 & 46)

‘’All of the wells have 123 TCP levels substantially above the public health goal and the highest levels of 123 TCP are from wells 8, 14 and 12. Well 15 has Manganese and Arsenic levels above the MCLs. Nitrate levels were above the MCL for wells 8 and 14. DBCP was detected above the reporting limit of 0.01 µg /l in wells 8, 9 and 14 and the remaining wells were non-detect for DBCP.” – RFP – PROFESSIONAL ENGINEERING SERVICES TO PREPARE A FEASIBILITY ANALYSIS REPORT FOR A CENTRALIZED WATER TREATMENT STRATEGY FOR THE CITY WATER SUPPLY

THE WATER HAS BEEN BROWN TO RED SINCE THE LATE 60′S TO MID 70′S. THE OLD PIPES IN CERTAIN PARTS OF TOWN HAVE NEVER BEEN REPLACED. EVERY NEW CITY MANAGER THAT CAME IN AND LEFT, DID NOTHING TO REMEDY THIS. EXCERPT FROM A COMMENT BY KARMA ON“DIRTY SMELLY WATER ON TAP IN LIVINGSTON” – MERCED SUN STAR(EMPHASIS MINE)

(The)Public Works Superintendent… commented that when they started monitoring the wells in 2004 for (TCP),…City Council was notified of it, then every year after that the public was notified, is all in a Consumers Report…. health language was included in those notices….there is a public health goal which is .7 parts per trillion which the City exceeds in every well. Also there is no maximum contamination level yet, but the state anticipates having one fairly soon which according to state terms could mean anywhere from 1-10 years… unfortunately the City water system could be impacted. – AUGUST 02, 2011 Draft Minutes

 

It’s that time of year again and I’ve been bringing up every year about going to watering days… And I think again you need to look real hard to go back to watering days. It didn’t hurt us before and we still had green grass: but it’s not looking good. Excerpted from a Public Comment by Warren Urnberg, January 03 City Council Meeting.

Watering Days. Like Water Rates, “watering days” has been a topic batted back and forth by the City Council for years without any real resolve.  There would be lots of talk about how necessary they were, but when it came time to finally getting around to really having a “once and for all” vote on the issue, it would just disappear from view.

Then months, maybe years later, it would rear its head again and the whole process of Acknowledging It’s Importance, Discussing The Details, then Continuing It Into Political Purgatory, would start up all over again.

Which is why the “Brief History” of it all goes back to 1995: the last time Water Rates were raised.

In Part one of the “what are we going to do about water rates”  series we looked at some detailed records from 1995 (The last time Water Rates were Raised) through 2002

Part 2 covered  2003 through 2007 and touches on the deteriorating infrastructure, grants received, and warnings about deficits in the Enterprise Funds.

Part three covered January 2007 through February 2008 and looked at the “Gilton Mess”, the Rate Study by Dan Bergmann, and the release of the 2025 General Plan Update to the public

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)

Part 6 contained Some Background Information about the Water Delivery System, Stakeholders, the Prop 13 Grant, some Planed Improvements, some Regulatory/Legal History, and a Brief Recap of What Happened Between 1995 and June 2009

Part 7 includes Some Enterprise Funds Basics and Meeting Highlights: July 7, 2009 through December 01 and notes the rise of the Recall Movement.

Part 8 picks up some time after the recall and focuses on yet another Change in Utility Rate Consultants

In Part Nine of this ever growing series, we will look at what came out of the very first meeting of the City Council appointed Utility Rate Stakeholder’s Committee: which took place on Jan. 24, 2012.

But First, let’s take a peek at what’s going on in Delta Bravo Sierra Land.

 

There’s strange, than there is “Army Strange” out inDelta Bravo Sierra Land: courtesy of Damon Shackelford: furious scribbler of military cartoons

Before we get to the Main Event, a few Announcements:

Building Materials Sale at the Livingston VFW

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.

Wednesday, February 1^st through Saturday February 4th. We will open at 9 am and close at 5 pm.

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.

All Sales are Final with no Warranties. Contractors Welcome—No Credit Cards, cash or checks accepted.

All proceeds will go to the California Veterans Service Program.

For a list of the items available, go to www.vfwlivingston.com.

 

Blood Drive At The Livingston VFW

Community Blood Drive to be held at the Livingston Veterans Memorial Hall,

1605 7^th Street, Livingston, on

February 9, 2012 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 and you will also be entered to win 2 FREE Airline tickets to Las Vegas and a $500 Hotel Gift Card.

For more information call Denis or Sue Wells at 394-2059 or visit our Website at

www.vfwlivingston.com.

Walk-ins are always welcome.

 

Lasagna Dinner at the VFW

Treat your sweetheart to a Lasagna Dinner on February 11, 2012, at the Veterans Memorial Hall, located at 1605 7^th Street in Livingston.

Eat in or take out from 5-7 pm.

The dinner will be lasagna, salad vegetable, roll & butter and a Valentine dessert.

The cost of the meal is $8.00 if you buy your ticket in advance or $10.00 at the door.

Proceeds go to VFW 8327 for their many programs, and will stay in the community.

If you need more information or if you need tickets, contact Denis or Sue Wells at (209) 394-2059 or Teresa Ourique at (209) 496-7310.

There’s Still Time to Help Give the Lil Guys and Gals and even better place to play!In 2006 the city purchased the storm drain basin (4 lots) next to the park and filled it in with the intent of making it a park to service the ball park participants and their families. Since then, Lil Guys and Gals field has been a ball park used for many years by the residents of Livingston…

The Recreation Commission determined in 2011 to take on the park as a project. The commission wanted to involve the community and let them help bring this project to reality. By purchasing a stepping stone the community not only provides the financing for the park, but in turn places a personal monument in the park for years to come.

Stones will be sold until there are enough sales to cover the completion of the park. The Commission’s goal is Summer of 2012.

Once you have purchased a stone you will be called by the Recreation Department for an appointment to make/create your stone.

If you are interested in creating a Memorial Stone and/or participating in one of the many work days that will take place to upgrade the park, call the Recreation Office at 394-8830 for more information.

On January 24, 2912, the Utility rate Stakeholders Committee met in the City Hall conference room to discuss the following:

• (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.

You can think of the purpose behind Part “A” (Feasibility Analysis) as coming up with answers to questions such as:

• How much water will the City need to come up with over the next umpteen years or so?

• Where will the City get the water it will need?

  • Groundwater only (wells)?

  • Groundwater (wells) + Surface water (from MID) and if so

  • How much will come from wells and

  • How much will come from MID?

    • If MID water will be used will it be

      • Fairly “soon”?

      • Phased in over the next few years or so?

      • Phased in starting several years from now?

• How will the city make sure the water is “clean enough” to meet State and Federal Clean Water Standards?

  • Will it be through well-head treatment only? (That’s assuming the water would only come from wells)

  • Will there be some kind of “centralized” treatment?

    • One for the whole system?

    • Two? Like maybe one on one side of the highway and another on the other side of the highway?

    • More than two?

• How will the City move the water from “the source” through “the treatment” and finally to “the consumer”

  • How many pipes does the City have that still need replacing anyway?

  • How many new pipes would the City have to install to accommodate a “new” Treatment System

• What solution would be the most Cost Efficient and how much would it cost?

No matter what proposed solution/s come out of a “Feasibility Study”, you can bet implementing the recommendations won’t come cheap, or easy. (Especially if a significant portion of Livingston’s population would expect the City’s General Fund to cover a good portions of the costs involved instead of paying for them through Rate Increases.)

So..I guess you could think of the Purpose behind Part “B” (Rate Studies) as – OK…come up with everyone’s “proportional fair share” of the costs involved in implementing “the plan” the “Feasibility Consultants” came up with. And try to make it as “palatable” to the Public as possible.

The Utility Rate Consultants Proposals set to be considered by the Committee on the 24th included:

• Tuckfield & CDM Smith. Rate Study Proposal 1.10.12  Tuckfield & Associates + CDM Smith

• NBS.Rate Study Proposal 1.10.12   NBS

• Hansford Economic Rate Study Proposal 1.10.12   HEC

The Feasibility Analysis for a Centralized Treatment Strategy for the City’s Water Supply – Consultants Proposals ready for consideration by the Committee that evening included:

• AECOM Feasibility Analysis Proposal 12.23.11 (AECOMWebsite)

• Carollo Feasibility Analysis Proposal 12.23.11 ( CAROLLOWebsite)

• Jacobs Feasibility Analysis Proposal 12.22.11 ( JACOBSWebsite)

• West Yost Assoc Feaibility Analysis Proposal 12.23.11 (WEST-YOST ASSOCIATES Website)

• Kennedy.Jenks Feasibiity Analysis Proposal 12.23.11 (KENNEDY-JENKS Website)

Although all the Consultants proposals for “The Rate Study” and “The Feasibility Study” were presented to the Committee for consideration that evening, the Committee actually discussed only those Proposals for the “Feasibility Study”.

The decision was made to eliminate AECOM, Jacobs, and West Yost, from further consideration and to “call back” Carollo and Kennedy-Jenks for a more detailed presentation and “question and answer” session.

There was no discussion of Utility Rate Consultants Proposals. This discussion was postponed for a future meeting.

S0….What Are We Going To Do About Watering Days this time around?

Once upon a time, back in  December 2, 2008, the following item was on the City Council’s Agenda

15. Introduce and Waive First Reading of an Ordinance Amending Title 9, Chapter 5 of the Livingston Municipal Code Relating to Establishing Policies, Rules and Regulations Governing the Provision of Water Services in the City of Livingston.

And after some discussion, a decision was made.  It was as follows:

Motion: Vierra/Varela to introduce and waive the first reading of Ordinance No. 576, an Ordinance Amending Title 9, Chapter 5 of the Livingston Municipal Code Relating to Establishing Policies, Rules and Regulations Governing the Provision of Water Services in the City of Livingston. The motion carried 5-0 by the following vote:

AYES: Council Members: Aguilar, Espinoza, Nateras, Varela, Vierra

NOES: Council Members: None

ABSENT: Council Members: None

(By the way…did you notice who was on the Council at the time? No…not the councilmembers who were recalled later: the ones that are STILL ON THE COUNCIL? Keep that thought in the back of your brains as we continue)

Now…if you If you go to Section 9-5-72 WATER RESTRICTIONS of the Municipal Code and look at paragraph (C), you will find the following:

Water Restrictions. When directed by the City Council, the following outside watering restrictions apply to residential, commercial and industrial customers of the City of Livingston:

1. All house numbers ending with an even number may water on Sunday, Tuesday, and Friday.

2. All house numbers ending with an odd number may water on Monday, Thursday, and Saturday.

3. No outside watering on Wednesday.

4. The washing of vehicles will be allowed on the designated watering day and on weekends (Saturdays and Sundays), regardless of house numbers, as long as a quick-acting positive shut-off nozzle is used.

(Did you also notice that ,"When directed by the City Council” part? Tuck that into your brain as well.)

Then, on December 16, 2008, the Second Reading of this Ordinance was on the CONSENT CALENDAR

8. Waive the Second Reading and Adopt Ordinance No. 576, an Ordinance of the CityCouncil of the City of Livingston Amending Title 9, Chapter 5 of the Livingston Municipal Code Relating to Establishing Policies, Rules and Regulations Governing the Provision of Water Services in the City of Livingston.

Which was also passed 5-0 (By Council Members: Aguilar, Espinoza, Nateras, Varela, & Vierra) Right?

No yelling, no screaming, no major protests about anything in the Ordinance being “not fair”, or “unjust” or “wrong” or “picking on anyone” or any other major “picking apart/shredding of the Ordinance before the vote was taken.

(Otherwise, it would not have been passed with a 5 –0 vote. Right? If there were “issues” with the Ordinance at the time, you would expect it passing with a 3/2 or a 4/1.  Or maybe not even passing at all…..Tuck that into your brain too.)

Now…Flash Forward to the NOVEMBER 16, 2010 City Council Meeting,  that Post Recall Period of Time when Warren Urnberg was filling in as a Temporary Council person. On the Agenda was the following

12. Resolution of the City Council of the City of Livingston Authorizing Direction for Outside Watering Restrictions Per Title 9, Chapter 5, Section 72 of the City of Livingston Municipal Code.

At That Meeting

Council Member Urnberg commented that he wanted this item placed on the agenda even though we will be going back to water meters and getting charged. He said that even when there were restricted watering days, the lawns did not die, but the Council received some complaints and then allowed people to water whenever they wanted to. Mr. Urnberg noted that now is the time to bring up restricted watering days before summer and spring come around and people begin outside watering.

Mayor Espinoza agreed that restricted watering days was a better way to conserve water and he didn’t foresee a problem going back to the previous watering regulations.

Mayor Pro-Tem Aguilar was in agreement. She said the resolution was the first step as a Council to move forward. Ms. Aguilar read the resolution restricting watering days. She asked that the resolution be placed on Channel 2 and in the newspaper to reach citizens so that they know what the Council was proposing.

Council Member Samra felt the effective date was too soon and suggested making the effective date January 1, 2011, to give the citizens time to get used to the change.

Then they started talking about reviewing the Ordinance All-Over-Again. After that it was

Motion: M/S Espinoza/Samra to continue this item to the next meeting as a public hearing. The motion carried 4-0

At the DECEMBER 7, 2010 City Council Meeting it was again on the Agenda as Item #3

3. Resolution of the City Council of the City of Livingston Authorizing Implementation of Outside Watering Restrictions Per Title 9, Chapter 5, Section 72, of the City of Livingston Municipal Code.

There was a little discussion about when it should take effect again, and whether or not to lower fines

And Again, Mayor Espinoza and Council Member Samra asked that this item be continued….And it was continued into oblivion once more….

So, what is the Council going to do about Watering Days this year?

Well….what do you think? 

And for those of you who want to immerse yourself in even more Livingston’s Political History

A FEW FORM 700’S ABOUT WHO OWNS WHAT AND WHERE IN LIVINGSTON

2012 CITY COUNCIL Agendas and Meeting Minutes If you click on this link, you will be taken to a page where not only can you access the Agenda Packed, but also individual pages on each Agenda Item

2011 CITY COUNCIL Agendas and Meeting Minutes (I’ve got a few more things “linked up” since my last post. Might want to check and see if there is anything in the History that interests you.)

POLICE CHIEF RECRUITMENT CITY OF LIVINGSTON

2012-2012 City of Livingston Draft Budget

The “Mission of the Utility Rate Stakeholders Committee” Series

• February 15, 2011 Discussion: Utility Rate Stakeholders Committee In Which the idea was first proposed for a Stakeholders Committee in which members would work with City Staff and Consultants

April 05, 2011: Discussion of Utility Rate Stakeholder Committee Member Appointments In which the people who would be working with City Staff and Consultants were chosen

June 07, 2011 Discussion of Utility Rate Committee Meeting In which it was revealed that the people who would be working with City Staff and Consultants already had their first  “get together”. But the public was not invited.

December 06, 2011 Change of Utility Rate Study Consultant Discussion In which it was revealed the City Manager ended the Contract with the “Council Approved” Consultant and sent out a Request for Proposal to look for a Brand New One.

January 24, 2012 Utility Rate Stakeholders Committee Meeting – At which the Committee postponed the selection of a New Utility Rate Study Consultant.

Out with the “Consultant #3, In with Consultant #4” Series

• Request for Proposals to Provide Water, Wastewater and Solid Waste Rate Studies, Community Outreach and Proposition 218 Balloting Services

And Don’t Forget There’s a Search on for this Additional Consultant too…

• REQUEST FOR PROPOSAL – PROFESSIONAL ENGINEERING SERVICES TO PREPARE A FEASIBILITY ANALYSIS REPORT FOR A CENTRALIZED WATER TREATMENT STRATEGY FOR THE CITY WATER SUPPLY

The “Brief History of How We Got Into This Mess” Series

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 1—1995 through 2002

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 2—2003 through 2007

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 3—January 2007 through February 2008

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 4— January 2008 through October 2008

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 5— October,2008 through June 2009

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 6— Some Background Information and a Brief Recap of What Happened Between 1995 and June 2009

• *A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 7: Some Enterprise Funds Basics, Meeting Highlights: July 7, 2009 through December 01, and a City Council Agenda

• A Brief History of Time About Utility Rates Part 8: A Change of Consultants: An Illegal 42’ Sewer Pipe; and a Special Planning Commission Meeting

A FEW LETTERS, SUN-STAR & AND MIKE MCGUIRE ARTICLES ABOUT LIVINGSTON POLITICS (AND A FEW OTHER THINGS WORTHY OF NOTE) (THE LINKS HERE GO ALL THE WAY BACK TO THE 2008 ELECTION CYCLE)

The 1995 Water Rate Resolution (Do you see anything in there that says “Industrial”?)

California Department of Health Sept. 2010 Letter on Water System Funding

Well #15 Enforcement Letter & Staff Report

Well #15 Manganese Enforcement Letter Discussions

How They Voted in 2011 (It’s still a Work In Progress. But I’m Working on it!)

How They Voted in 2010

How They Voted in 2009

How They Voted in 2008

How They Voted in 2007

How They Voted in 2006.

City Council Draft Meeting Minutes for 2010

City Council Draft Meeting Minutes for 2009

City Council Draft Meeting Minutes for 2008

City Council Meeting Minutes for 2007

City Council Meeting Minutes for 2006

City Council Meeting Minutes for 2005

City Council Meeting Minutes for 2004

2010-2011 Merced County Grand Jury Final Report

2009-2010 Merced County Grand Jury Final Report

2008-2009 Interim Reports Merced County Civil Grand Jury Postscript to FY2007/2008 Grand Jury’s Report On The City of Livingston

2007 2008 Merced County Grand Jury Final Report

2006-2007 Merced County Grand Jury Final Report

An “Outrageous” Attorney’s Bill, A “Dead” Agency, and a City Council Agenda

 

From Livingston annexation appears on fast track

THE WATER HAS BEEN BROWN TO RED SINCE THE LATE 60′S TO MID 70′S. THE OLD PIPES IN CERTAIN PARTS OF TOWN HAVE NEVER BEEN REPLACED. EVERY NEW CITY MANAGER THAT CAME IN AND LEFT, DID NOTHING TO REMEDY THIS. . EXCERPT FROM A COMMENT BY KARMA ON“DIRTY SMELLY WATER ON TAP IN LIVINGSTON” – MERCED SUN STAR (EMPHASIS MINE)

Oh and the manager also favor’s gallo too much. He wants the rancho san miguel to come in along with a slave mart. Those to are way too expensive for the locals and will not bring any outside taxes to the city. Terrible decicions. Yep those two stores won’t be packed. Hope they go away too. – Comment by Karma – Wal-Mart drops plans for supercenter in Livingston

Have to admit…sometimes I really wonder how some people’s  minds work.

More on that a little later. But first: It’s been a while since we’ve peeked into Delta Bravo Sierra Land…….

There’s strange, than there is “Army Strange” out in Delta Bravo Sierra Land: courtesy of Damon Shackelford: furious scribbler of military cartoons

Ding! Dong! “Redevelopment” is Dead

Redevelopment Agencies that is..

Redevelopment Agencies were supposed to be about Getting-Rid-of-Blight and Cleaning-up-the-Neighborhood and Making-Life-Better-For-Us-All. (If you want, you can click here for more information on Livingston’s Redevelopment Agency)

And the California Supreme Court just said the State of California can abolish those Agencies (and scarf up a bunch of tax money for itself – which is a whole ‘nuther issue)

Now..for purposes of discussion here, I am not focusing on the “legal technicalities” or “financial technicalities” or “tax/revenue consequences to the City”, or  on which City Council member owns property within the confines of Livingston’s Redevelopment Agency.

I’m just focus on what the actions of a Redevelopment Agency might “look like” to the average person.

Say, for example, there are some “Old Run Down Buildings” on a Main Street.

The Redevelopment Agency “buys” the land and buildings from the Property Owner than sells it to a New Owner who is supposed to build something Bright, Shiny, and New.

Like a Rite Aide.

Or…let’s say you own a House in the area of town zoned “Downtown Commercial”. You’re living in it (or renting it to someone who is living in it) and the City thinks it’s time for that house to turn into something “better, bright, shiny, and businessy”: like a Dentist Office, or…a Coffee Bar, or an Organic Bistro….or whatever…

The Redevelopment could “buy” your house, than sell it to the Business Person who wanted to turn it into a Commercial Operation, Business, whatever…

But…notice how I put “buys” in quotation marks?

That’s cuz there was an “ugly underside” to the whole Redevelopment biz.

That being…not everyone wanted to sell when Redevelopment Agencies came around looking to buy.

And some Redevelopment Agencies had no problem with declaring even nice homes and parts of town as “blight” and using the power of  Eminent Domain to make that sale happen.

Which earned Redevelopment Agencies the wrath of Property Rights Groups like The Castle Coalition. :Who argued that under California’s vaguely written Redevelopment Law, virtually any Property could be declared “Blighted”

So, while City Governments may be bemoaning the demise of  Redevelopment Agencies, those property owners in the paths of Redevelopment Projects(ie: the ones that DON”T want to sell) are probably sighing in relief.

I Thought Those “Outrageous” Attorney’s Fees Were All Supposed to Go Away after the recall.

I was looking through the December 28, 2011 Warrant Register when I noticed the following……

See that line Item of 11/11 plng? The one for “Sperry legal services”?

In the amount of  $12,274.20? Yep…that one..

At the November 08, 2011 Planning Commission Meeting, Mike Sperry gave a Presentation Concerning a Parking Plan  for  444 Main Street (The Tequila Club). What the presentation ended up amounting to was a request to waive all parking requirements, for the club, for at least 3 years.

At the end of this meeting The Planning Commission agreed, by consensus, to bring back CUP 2001-16 (Mr. Sperry’s application) to their next meeting of Tuesday, December 13, 2011, for discussion and action.

This was the Agenda Item for that meeting on December 13th 

 Review of CUP 2001-16,.444 Main Street. The bar at 444 Main Street has been closed for approximately seven years. The bar retains Conditional Use Permit 2001-16 for the sale of alcohol-by-the-glass in the 5,488 square foot building. Michael Sperry desires to open a bar at this site pursuant to his presentation to the Planning Commission on November 8, 2011. Pursuant to LMC Sections 5-6-1(D)(3) and 5-6-1(D)(5) the Planning Commission will consider whether to modify, revoke, or reapprove the CUP.

There was also supposed to be a “field trip” to the building. But…lo and behold…it was announced that evening that that item was being postponed until (at least) the next Planning Commission Meeting.

Now I did a little Math and calculated that the  $12,274.20 of Attorney’s Fees for the Sperry Application works out to about 56 “billable hours” of Attorney Time for an Agenda Item that was postponed at the last minute.

And I can’t help but wonder if the people who were so incensed about “high attorney’s fees” before the recall will be even half  as angry now

While I am still somewhat in the subject of “Pre Recal vs. Post Recal Logic and Reasoning”

Back when the Recall Effort was in full swing, folks like Karma bashed the (then) City Manager (and certain Council Members) for just about anything and everything. If the Certain People at the time  were for something it, they were against it. And visa versa.

BEFORE the Recall, Karma said "the (City) manager also favor’s gallo too much”.

NOW there is a New Council and New City Manager, he calls Gallo’s project  a Visionary annexation.

Makes me wonder if he, and those like him, really have their own opinions about Projects Like These, or if they are only Political Toys to be used to enhance their own Political Agendas.

Now, I want to be clear about my point: each and every project that comes before the Public, the Planning Commission, and the City Council deserves to be heard and discussed upon it’s own individual merit.

It’s when they become Political Clubs used to beat up upon Political Opponents, that  it just creates a Great Big Mess

And we, the taxpayers, end up footing a Big Part of The Bill.

Now, on to the

 

CITY COUNCIL REGULAR MEETING AGENDA

JANUARY 3, 2012

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 January 3, 2012, at the City Council Chambers, 1416 C Street, Livingston, California. Persons with disabilities who may need assistance should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection at Livingston City Hall, 1416 C Street. The Open Session will begin at 7:00 p.m. The Closed Session will be held in accordance with state law prior to the Open Session beginning at 6:00 p.m. The Closed Session will be held 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. Roll Call.

CLOSED SESSION“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

A.

1. Public Employee Appointment

(Government Code Section 54957)

Title: Chief of Police

2. Conference with Legal Counsel—Potential Litigation

[(Government Code Section 54956.9(b)(1)]

Number of Cases: 1

3. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented and Unrepresented City Employees

Regular Meeting

CALL TO ORDER Next Resolution Number: 2012-1

Next Ordinance Number: 598

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.

City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

PUBLIC HEARINGS

1. Resolution Conditionally Approving Site Plan/Design Review 2011-01 for the Taco Bell Project.

2. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-3 Setbacks, Setback Exceptions, Maximum Site Coverage and Maximum Floor Area Ratio Concerning Residential Rear Yards.

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.

3. Approval of Minutes of Meeting Held on December 5, 2011.

4. Approval of Minutes of Meeting Held on December 6, 2011.

5. Approval of Warrant Register Dated December 14, 2011.

6. Approval of Warrant Register Dated December 28, 2011.

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Resolution Reappointing Luis Enrique Flores to the Planning Commission.

ADJOURNMENT

And for those of you who want to immerse yourself in Livingston’s Political History

A FEW FORM 700’S ABOUT WHO OWNS WHAT AND WHERE IN LIVINGSTON

2012 CITY COUNCIL Agendas and Meeting Minutes If you click on this link, you will be taken to a page where not only can you access the Agenda Packed, but also individual pages on each Agenda Item

2011 CITY COUNCIL Agendas and Meeting Minutes (I’ve got a few more things “linked up” since my last post. Might want to check and see if there is anything in the History that interests you.)

POLICE CHIEF RECRUITMENT CITY OF LIVINGSTON

2012-2012 City of Livingston Draft Budget

The “Mission of the Utility Rate Stakeholders Committee” Series

• February 15, 2011 Discussion: Utility Rate Stakeholders Committee
  • In Which the idea was first proposed for a Stakeholders Committee in which members would work with City Staff and Consultants
• April 05, 2011: Discussion of Utility Rate Stakeholder Committee Member Appointments
  • In which the people who would be working with City Staff and Consultants were chosen
• June 07, 2011 Discussion of Utility Rate Committee Meeting
  • In which it was revealed that the people who would be working with City Staff and Consultants already had their first “get together”. But the public was not invited.
• December 06, 2011 Change of Utility Rate Study Consultant Discussion
  • In which it was revealed the City Manager ended the Contract with the “Council Approved” Consultant and sent out a Request for Proposal to look for a Brand New One.

Out with the “Consultant #3, In with Consultant #4” Series

• Request for Proposals to Provide Water, Wastewater and Solid Waste Rate Studies, Community Outreach and Proposition 218 Balloting Services

And Don’t Forget There’s a Search on for this Additional Consultant too…

• REQUEST FOR PROPOSAL – PROFESSIONAL ENGINEERING SERVICES TO PREPARE A FEASIBILITY ANALYSIS REPORT FOR A CENTRALIZED WATER TREATMENT STRATEGY FOR THE CITY WATER SUPPLY

The “Brief History of How We Got Into This Mess” Series

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 1—1995 through 2002
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 2—2003 through 2007
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 3—January 2007 through February 2008
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 4— January 2008 through October 2008
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 5— October,2008 through June 2009
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 6— Some Background Information and a Brief Recap of What Happened Between 1995 and June 2009
• *A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 7: Some Enterprise Funds Basics, Meeting Highlights: July 7, 2009 through December 01, and a City Council Agenda
• A Brief History of Time About Utility Rates Part 8: A Change of Consultants: An Illegal 42’ Sewer Pipe; and a Special Planning Commission Meeting

A FEW LETTERS, SUN-STAR & AND MIKE MCGUIRE ARTICLES ABOUT LIVINGSTON POLITICS (AND A FEW OTHER THINGS WORTHY OF NOTE) (THE LINKS HERE GO ALL THE WAY BACK TO THE 2008 ELECTION CYCLE)

The 1995 Water Rate Resolution (Do you see anything in there that says “Industrial”?)

California Department of Health Sept. 2010 Letter on Water System Funding

Well #15 Enforcement Letter & Staff Report

Well #15 Manganese Enforcement Letter Discussions

How They Voted in 2011 (It’s still a Work In Progress. But I’m Working on it!)

How They Voted in 2010

How They Voted in 2009

How They Voted in 2008

How They Voted in 2007

How They Voted in 2006.

City Council Draft Meeting Minutes for 2010

City Council Draft Meeting Minutes for 2009

City Council Draft Meeting Minutes for 2008

City Council Meeting Minutes for 2007

City Council Meeting Minutes for 2006

City Council Meeting Minutes for 2005

City Council Meeting Minutes for 2004

2010-2011 Merced County Grand Jury Final Report

2009-2010 Merced County Grand Jury Final Report

2008-2009 Interim Reports Merced County Civil Grand Jury Postscript to FY2007/2008 Grand Jury’s Report On The City of Livingston

2007 2008 Merced County Grand Jury Final Report

2006-2007 Merced County Grand Jury Final Report

A Brief History of Time About Utility Rates Part 8: A Change of Consultants: An Illegal 42’ Sewer Pipe; and a Special Planning Commission Meeting

THE WATER HAS BEEN BROWN TO RED SINCE THE LATE 60′S TO MID 70′S. THE OLD PIPES IN CERTAIN PARTS OF TOWN HAVE NEVER BEEN REPLACED. EVERY NEW CITY MANAGER THAT CAME IN AND LEFT, DID NOTHING TO REMEDY THIS. . EXCERPT FROM A COMMENT BY KARMA ON “DIRTY SMELLY WATER ON TAP IN LIVINGSTON” – MERCED SUN STAR (EMPHASIS MINE)

(The)Public Works Superintendent… commented that when they started monitoring the wells in 2004 for (TCP),…City Council was notified of it, then every year after that the public was notified, is all in a Consumers Report…. health language was included in those notices….there is a public health goal which is .7 parts per trillion which the City exceeds in every well. Also there is no maximum contamination level yet, but the state anticipates having one fairly soon which according to state terms could mean anywhere from 1-10 years… unfortunately the City water system could be impacted. – AUGUST 02, 2011 Draft Minutes

‘’All of the wells have 123 TCP levels substantially above the public health goal and the highest levels of 123 TCP are from wells 8, 14 and 12. Well 15 has Manganese and Arsenic levels above the MCLs. Nitrate levels were above the MCL for wells 8 and 14. DBCP was detected above the reporting limit of 0.01 µg /l in wells 8, 9 and 14 and the remaining wells were non-detect for DBCP.” – RFP – PROFESSIONAL ENGINEERING SERVICES TO PREPARE A FEASIBILITY ANALYSIS REPORT FOR A CENTRALIZED WATER TREATMENT STRATEGY FOR THE CITY WATER SUPPLY

Mayor Samra commented that the Council received this information at the same time as everyone else. He added that no one likes a price increase, but it will take time for the Council to digest the information presented.” JUNE 19, 2007, City Council Meeting Minutes

Council Member Espinoza stated the Council will have to make a tough decision, but some type of action needs to be taken.January 15, 2008 City Council Draft Meeting Minutes

Motion:  M/S Varela/Vierra to authorize the City Manager to advertise and schedule Proposition 218 Public Hearing.  The motion carried 5-0. – FEBRUARY 17, 2009 – City Council Draft Meeting Minutes

Council Member Samra stated the Council had made a commitment, therefore, needed to move forward with the rate studies. - March 1, 2011 City Council Draft Minutes

And so we ended the contract a couple of weeks ago, and we’re currently, we sent out an RFP and that RFP is going to come to council with a Recommendation of a new Rate Consultant as it relates to that.  - Jose Antonio Ramirez: City Manager, City of Livingston: December 06, 2011 City Council Meeting

Round and Round and Round we go. Where it will stop, does anybody know?.

I’m going to invoke a bit of the Story Tellers License to tell you the tale of….

The City of Livingston and the 4 Utility Rate Consultants

Once upon a time, on  JUNE 19, 2007, The City Council (which comprised of Mayor Gurpal Samra, Mayor Pro-Tem William Ingram, Council Member Frank Vierra, Council Member Rodrigo Espinoza, and Council Member Roy Soria) had a presentation by Dan Bergman about Utility Rates. (Consultant #1)

Council Member Espinoza commented that there have been many complaints about the water system and a rate increase is warranted to correct the problems.

Council Member Soria agreed with Council Member Espinoza; however, he would like comments from the community and will follow their guidance.

Mayor Pro-Tem Ingram complimented Mr. Bergmann on his presentation and commented that a rate increase is needed, but hopefully it will be a gradual increase.

Regarding Foster Farms, Mayor Pro-Tem Ingram commented that Foster Farms should install water meters to monitor water usage, so they would only be billed for the water used.

Mayor Samra commented that the Council received this information at the same time as everyone else. He added that no one likes a price increase, but it will take time for the Council to digest the information presented.” and also mentioned he hoped people would volunteer to be on a committee to study the rate increase proposals.

Then, there was the Public Hearing on January 15, 2008

City Manager Warne commented that this item was first presented for Council consideration in June 2007.

Acting City Attorney Roger Peters explained how the rate increases would take place unless there is written protest.

A slide presentation was given by Dan Bergmann, the consultant hired by the City to analyze the water rates.

There were quite a few Public Comments on the subject. Then

Council Member Soria commented that it is not easy to make a decision and that the rate increase will affect many senior citizens who live on fixed incomes. However, he pointed out that rates have not been raised in over 15 years and something needs to be done to pay for necessary improvements.

Council Member Vierra commented he doesn’t understand why it took 15 years before considering a rate increase, but he realizes that something needs to be done. He suggested tabling this item to the next meeting.

Council Member Espinoza stated the Council will have to make a tough decision, but some type of action needs to be taken.

Mayor Pro-Tem Ingram stated that everything is going up, gas, etc,: however, he feels the Council needs to raise rate in small/slow increments. He realizes there are many residents, who live on fixed incomes, but action needs to be taken; however at a slower pace.

Mayor Samra commented that making a decision is not easy for him and her agrees with all of his colleagues that something needs to happen. He said the Council will study this matter; however, not just the Council, but also the community at large needs to deal with the issue. Mayor Samra added that residents’’ concerns will be answered and he agrees that this item be continued.

Motion: M/S Ingram/Soria to continue the Public Hearing to the Council’s regular meeting of February 5, 2008.

At the February 5, 2008 City Council Meeting

City Manager Warne recommended that this item be continued to the Council meeting of March 4, 2008, for further analysis of the water rates and citizen comments.

Representatives from Carollo Engineers gave a slide presentation on the City’s water supply. The available water vs. demand and the master plan projects.

And there were a few questions and public comments, and then it was

Motion: MS Soria/Espinoza to continue the Public Hearing to the march 4, 2008, regular Council meeting. The motion carried 4-0-1.

And at the March 4, 2008 City Council Meeting it was reported

o Staff is still meeting with Foster Farms to come up with a solution for their water rates.

o Livingston Union School District and Merced Union High School District moving forward with water meter installation.

o Warren Urnberg suggests holding off on the rate increase until everyone is metered.

and the

o Public Hearing is continued to a future City Council meeting.

Well, after the 2008 General Election, there was a Brand New City Council (Mayor Daniel Varela, Sr., Mayor Pro-Tem Rodrigo Espinoza, Council Member Frank Vierra, Council Member Margarita Aguilar, Council Member Martha Nateras),

And “The City Attorney was directed to find someone she felt comfortable with their approach and methodology in order to comply with all federal, state laws and regulations relating to setting rates.”

On FEBRUARY 17, 2009 there was a Brand New Presentation by a Brand New Consultant (Consultant #2: Sudhir Pardiwala, from Raftelis Financial Consultants, Inc.,)

Who gave a presentation on Water Rates

And also gave a presentation on Waste Water and Solid Waste Rates

And there were lots of comments, and lots of discussion

And the Council Voted 5-0 to Go TO Hearing

Now…Before the Hearing, there was an Information Meeting on March 26, 2009

And the presentations were given again.

And there were lots of comments and discussion

And it was announced the Public Hearing would be on April 21st

The APRIL 21, 2009 Meeting was a really, really long one.

And the presentations were given again.

And there were lots of comments and discussion

And some Council Members indicated that there probably never would have been a Prop 218 Hearing any way if only, someone had told them beforehand it would have taken 4 votes to pass the rates instead of 3 (I’m still trying to figure out that “logic” by the way)

And after that there was meeting after meeting after meeting after meeting, and the Lawyer was replaced, and the New Rates Were Adopted by a 3-2 vote, and the Lawsuits Happened, and there were appeals, and League of Cities actually joined in an appeal, and the Recall Happened, and the November Elections Happened, and the Rates Were Repealed, and the Appeal was Scrapped (while we were just waiting for the Ruling to come out)

And Rate Study 2 was scrapped and Consultant Number 2 was dumped.

And the Post Recal Council promised ever so ever much more “transparency”, and swore that everything, everything, EVERYTHING would be coming before them FIRST for approval: in Open Session of course)

So a Brand New Request for Proposals was put out (with the Councils blessing of course) and three replies were received

One from Dan Burgman

One from Bartel Wells

And one from the FCS Group

And the Brand New City Council (who swore everything would be coming before them first: so the people could see the “transparancy”) gave their blessing to the contract with Bartel Wells. (Consultant #3)

Then the Utility Rate Studies Committee was formed.

And a binder of information was prepared.

And a couple of “informational meetings” were held with Staff

Then a Brand New City Manager was hired

Who, lo and behold, ended the contract with Bartel Wells without disusing it first with the City Council (and getting their blessing) in Open Session. (Even though the City Council had sworn on multiple occasions that everything, everything everything, must go before them first so “the people” would have an opportunity to speak on the subject and see all the promised “transparency”: in Open Session of course)

And he had a new Request for Proposals sent out for a Brand New Consultant, to do a Brand New Utility Rate Study, and do a Brand new Series of Prop 218 Hearings.

So now we are up to Consultant #4 Now

And according to the RFP that was sent out, the City will

• Receive Proposals on January 10, 2012
• Select the Firm on January 24, 2012
• Complete Contract Negotiations by February 3, 2012
• The City Council will Award the Contract on February 7, 2012
• The Notice to Proceed will be issued on February 8, 2012

And New Rate Studies will take at least a couple of months. Say March? April?

And the Utility Rate Studies Committee will need to have their say too. Say April – May?

Then there is all that 45 Day Public Noticing that has to happen before an Official Proposition 218 Meeting can be held.

Which may put any Utility Rate Hearing Right around the time of the June 2012 Primaries, and the November 2012 Election Cycle.

Which Kinda Begs a Few Questions

What improvements to the infrastructure will be proposed now that that “fat” TCP Settlement Check has been Received?

Will there ever be a truly “finished” Utility Rate Study?

Will all the members of the City Council actually read the Study and Approve Rate Study Number 4?

When, if ever, will a “real” meeting of the Utility Rate Stakeholders Committee be held?

When, if ever, will the results of this FOURTH STUDY be presented in Open Session?

And will it be a 5-0 vote to go to Hearing?

Or will some members of the Council have such severe “problems” with the numbers that they will want to scrap it and start all over again?

Will anything get done before the June Primaries and November General Election Cycle?

and….

JUST HOW MUCH HAS THIS NEVER ENDING CYCLE OF STUDIES AND CONSULTANTS COST US ANYWAY!!!!!

About that “Illegal 42’ Sewer Pipeline”

If you look at the Mitigated Negative Declaration for the Gallo Project, as prepared by PMC, and scan down until you hit the top of page 2.0-2, you will find this innocuous sounding quote”

Now…. that 42’ pipe was a part of the whole 2025 General Plan Update mess, resulted in a Grand Jury Investigation, was part of the driving force behind a Lawsuit by the Farm Bureau, and in a way was partially responsible for a Judge telling the City to Redo Parts of the General Plan and EIR

I’m not going to go into the whole thing right here, right now..

But for the moment, I’ll give “the short, short, short version” which goes something it like this…

This is the General Plan

That Contained a Special Planning Area

Which Pertained to a Developer

Who Put in the Sewer Pipe

Which worried the Farmer

Who went to the Farm Bureau

Who Sued the City of Livingston

And forced some “re-does”
In the General Plan Update..

Which is, as of now, not “done”…..

But Before We get to the Special Meeting Agenda, something to keep in the back of your mind

From the City of Livingston Municipal Code

LIVINGSTON PLANNING COMMISSION SPECIAL MEETING AGENDA

DECEMBER 29, 2011 7:00 P.M.

CITY COUNCIL CHAMBERS, 1416 C STREET, LIVINGSTON

Members of the public are advised that all pagers, cellular telephones and any other communication devices be put on vibrate mode or turned off during the Planning Commission meeting.

Call to Order: 7:00 PM

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. None.

Item No. 2 – City Council Update

a. Update of City Council items.

Item No. 3 – Public Comment

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. 4 – Public Hearings

a. General Plan Amendment 2011-01 Annexation 2011-01, Prezone 2011-01 and Negative Declaration. Michael Gallo proposes a general plan amendment and to annex and prezone approximately 334.7 acres into the City of Livingston located north of Vinewood Avenue, west of Robin Avenue, south of HWY 99 and east of the Domestic Wastewater Treatment Plant.

{Note From TheGardeningSnail. If you click on the link above, you will be able to review the complete agenda packet in PDF: which included the Staff Report, Resolution, and other attachments}

Item No. 5 – Reports

a. Planning Commission

b. City Staff

c. City Attorney

Item No. 6 – Adjournment to regular meeting on January 10, 2012.

In compliance with the Americans with Disabilities Act, if you 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.

A Few Form 700’s About Who Owns What and Where in Livingston

2011 CITY COUNCIL Agendas and Meeting Minutes (I’ve got a few more things “linked up” since my last post. Might want to check and see if there is anything in the History that interests you.)

Police Chief Recruitment City of Livingston

2012-2012 City of Livingston Draft Budget

The “Mission of the Utility Rate Stakeholders Committee” Series

• February 15, 2011 Discussion: Utility Rate Stakeholders Committee
  • In Which the idea was first proposed for a Stakeholders Committee in which members would work with City Staff and Consultants
• April 05, 2011: Discussion of Utility Rate Stakeholder Committee Member Appointments
  • In which the people who would be working with City Staff and Consultants were chosen
• June 07, 2011 Discussion of Utility Rate Committee Meeting
• In which it was revealed that the people who would be working with City Staff and Consultants already had their first “get together”. But the public was not invited.

Out with the “Consultant #3, In with Consultant #4”

• Request for Proposals to Provide Water, Wastewater and Solid Waste Rate Studies, Community Outreach and Proposition 218 Balloting Services

And Don’t Forget There’s a Search on for this Additional Consultant too…

• REQUEST FOR PROPOSAL – PROFESSIONAL ENGINEERING SERVICES TO PREPARE A FEASIBILITY ANALYSIS REPORT FOR A CENTRALIZED WATER TREATMENT STRATEGY FOR THE CITY WATER SUPPLY

The “Brief History of How We Got Into This Mess” Series

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 1—1995 through 2002
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 2—2003 through 2007
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 3—January 2007 through February 2008
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 4— January 2008 through October 2008
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 5— October,2008 through June 2009
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 6— Some Background Information and a Brief Recap of What Happened Between 1995 and June 2009
• *A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 7: Some Enterprise Funds Basics, Meeting Highlights: July 7, 2009 through December 01, and a City Council Agenda

A Few Letters, Sun-Star & and Mike McGuire Articles about Livingston Politics (and a few other things Worthy of Note) (The links here go all the way back to the 2008 Election Cycle)

The 1995 Water Rate Resolution (Do you see anything in there that says “Industrial”?)

California Department of Health Sept. 2010 Letter on Water System Funding

Well #15 Enforcement Letter & Staff Report

Well #15 Manganese Enforcement Letter Discussions

How They Voted in 2011 (Granted, it’s a Work in Process, but there are links to things there you might be interested in.)

How They Voted in 2010

How They Voted in 2009

How They Voted in 2008

How They Voted in 2007

How They Voted in 2006

City Council Draft Meeting Minutes for 2010

City Council Draft Meeting Minutes for 2009

City Council Draft Meeting Minutes for 2008

City Council Meeting Minutes for 2007

City Council Meeting Minutes for 2006

City Council Meeting Minutes for 2005

City Council Meeting Minutes for 2004

2010-2011 Merced County Grand Jury Final Report

2009-2010 Merced County Grand Jury Final Report

2008-2009 Interim Reports Merced County Civil Grand Jury Postscript to FY2007/2008 Grand Jury’s Report On The City of Livingston

2007 2008 Merced County Grand Jury Final Report

2006-2007 Merced County Grand Jury Final Report

 

 

 

 

 

 

A Rancho San Miguel, A Workshop about Priorities, And A City Council Agenda

Walmart, you are not listening to the community. That’s all I have to say, and if you say you are then what are you doing about it?- Comment by Karma – Wal-Mart drops plans for supercenter in Livingston – Merced Sun Star

Oh and the manager also favor’s gallo too much. He wants the rancho san miguel to come in along with a slave mart. Those to are way too expensive for the locals and will not bring any outside taxes to the city. Terrible decicions. Yep those two stores won’t be packed. Hope they go away too. – Comment by Karma – Wal-Mart drops plans for supercenter in Livingston

1. Resolution Authorizing the Acting City Manager to Enter into a Contract with Carollo Engineers for Environmental Assessment Work on the Blueberry Crossing Commercial Project. – JANUARY 04, 2011 – City Council Meeting Agenda

11 . Adopt Resolution of the City Council of the City of Livingston Restoring its Revenue Sharing Agreement with Merced County for the Gallo Project Exclusively and Directing Staff to Process the General Plan Amendment, Annexation, and Prezone Under the 1999 General Plan. – DECEMBER 06, 2011 City Council Meeting Agenda

Before the Recall, folks like Karma bashed the prior City Manager for “favoring Gallo” and/or even thinking about bringing a Wal-Mart, Save Mart, or Rancho San Miguel to Livingston. Now there are plans (under a new City Manager) to bring in what could be the largest ever Rancho San Miguel e as part of a “Gallo Project”.

And there is talk about the possibilities of a new Box Store as part of the Blueberry Crossing Project

I wonder if these same people who hated Wal-Mart, Rancho San Miguel, Save Mart etc. before the recall, will still hate them just as much now.

That Specialist just seems to attract trouble wherever he goes. Ya think he’d learn.

There’s strange, than there is “Army Strange” out in Delta Bravo Sierra Land: courtesy of Damon Shackelford: furious scribbler of military cartoons.

There’s Still Time to Help Give the Lil Guys and Gals and even better place to play!

In 2006 the city purchased the storm drain basin (4 lots) next to the park and filled it in with the intent of making it a park to service the ball park participants and their families. Since then, Lil Guys and Gals field has been a ball park used for many years by the residents of Livingston.

The Recreation Commission determined in 2011 to take on the park as a project. The commission wanted to involve the community and let them help bring this project to reality. By purchasing a stepping stone the community not only provides the financing for the park, but in turn places a personal monument in the park for years to come.

Stones will be sold until there are enough sales to cover the completion of the park. The Commission’s goal is Summer of 2012.

Once you have purchased a stone you will be called by the Recreation Department for an appointment to make/create your stone.

If you are interested in creating a Memorial Stone and/or participating in one of the many work days that will take place to upgrade the park, call the Recreation Office at 394-8830 for more information.

If Your are Interested in the Livingston High School Key Club

You’d might like to see the Key Club’s December Newsletter. Click Here To View.

Did You Hear About That Workshop?

That JOINT LIVINGSTON CITY COUNCIL AND PLANNING COMMISSION SPECIAL MEETING that was held on DECEMBER 5, 2011 and was all about “Vision and Goal Setting”?

I guess you could say it “began” with everyone who was there chatting with others who were there while the facilitator walked around, happily taking photos

Then there was the “everyone sit down because the Formal Official Meeting, Roll Call, Public Comment meeting stuff” portion of the meeting.

After that was the more Informal Workshop Type portion of the meeting.

Which began with a “Tell us something about yourself then tell us what you want for the Future of Livingston in 4 words or less” exercise.’

Followed by a “Dividing Everybody’s 4 Words into Major Categories” exercise.

There there was the “Choose the Category You are Most Interested In and as a group make a list as to how you would make it happen” Exercise (While The facilitator Walked Around, Happily Taking Photos)

There there was the “Choose the Category You are Interested In Next and as a group add to the list that is already there” Exercise. (With more photos of course)

And ended with the “Everybody Shares About What They Are Taking Away From This Exercise” exercise.

And although the participants that night seemed to go away with good feelings about what was “accomplished” that night, I couldn’t help but wonder about a couple of things. Maybe I’ve grown a bit cynical about politicians, but I couldn’t help but notice a couple of things that struck me as being just a tiny tad “ironic”:

• First – There was no contract, memo, or other written documentation available to the public beforehand detailing how much we, the taxpayers, are paying to put on this workshop..
• Second – The one council member who talked about, advocated for and “kvetched” the most about needing a workshop like this one wasn’t there that night….

Interesting..

Anyway, We’re supposed to be getting a written Summary about what was actually accomplished that night. When I get my copy, I’ll let you know.

And Now On To The

CITY COUNCIL REGULAR MEETING AGENDA

DECEMBER 6, 2011

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 December 6, 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. 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.

1 . Conference with Legal Counsel-Potential Litigation [(Government Code Section 54956.9(b)(1)]
Number of Cases: 3

2. Public Employee Appointment (Government Code Section 54957)
Title: Chief of Police

3. Conference with Labor Negotiator(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented and Unrepresented City Employees.

Regular Meeting

 

CALL TO ORDER Next Resolution Number: 2011-75

Next Ordinance Number: 598

Pledge of Allegiance.

Roll Call.

Closed Session Announcements.
Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of Ten-Year Service Pin to Recreation Superintendent Jacquie Benoit.

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.

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 he 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.

2. Resolution Approving 2011/2012 Application for Funding and the Execution of a Grant Agreement and any Amendments Thereto from the California Department of Water Resources (DWR)- Proposition 84, Local Levee Assistance Program (LLAP) and Authorizing the City Manager to Act on Behalf of the City of Livingston.

3. Resolution Awarding Construction Contract to Tri-Phase Electric, Inc., Merced, California for Cal Fire Station #96 Vertical Air Flow Exhaust Removal System, Approving Expenditure of Funds, and Authorizing the City Manager to Execute a Construction Contract and any Change Orders Thereto with Tri-Phase Electric, Inc.

4. Resolution Approving Enhancement of Springbrook Accounting System by Adding Web Utility Billing Payment Option with the City to Absorb the Related Transaction Fees and Authorizing the City Manager to Execute all Related Forms and Agreements.

5. Resolution Approving Migration (Upgrades) to Springbrook Accounting System from Version 6.02 to 7.XX, Addition of the Fixed Asset Module and Authorizing the City Manager to Execute the Agreement with Springbrook Software, Inc.

6. Approve Application of $400,000 Grant to U.S. EPA Brownfields to Inventory, Assess and Prepare Remediation Plans for Parcels with Potential Hazardous Substance and/or Petroleum Pollution.

7. Approval of Minutes of Meeting Held on October 4, 2011 (Re-Approval As Amended).

8. Approval of Minutes of Meeting Held on November 1, 2011.

9. Approval of Minutes of Meeting Held on November 15, 2011.

10. Approval of Warrant Register Dated December 1, 2011.

DISCUSSION AND POTENTIAL ACTION ITEMS

11 . Adopt Resolution of the City Council of the City of Livingston Restoring its Revenue Sharing Agreement with Merced County for the Gallo Project Exclusively and Directing Staff to Process the General Plan Amendment, Annexation, and Prezone Under the 1999 General Plan.

12. Provide Staff Direction Concerning Adoption of the Regional Transportation Impact Fee (RTIF).

ADJOURNMENT

And Don’t Forget The

A Few Form 700’s About Who Owns What and Where in Livingston

2011 CITY COUNCIL Agendas and Meeting Minutes (I’ve got a few more things “linked up” since my last post. Might want to check and see if there is anything in the History that interests you.)

Police Chief Recruitment City of Livingston

2012-2012 City of Livingston Draft Budget

The “Mission of the Utility Rate Stakeholders Committee” Series

• February 15, 2011 Discussion: Utility Rate Stakeholders Committee
  • In Which the idea was first proposed for a Stakeholders Committee in which members would work with City Staff and Consultants
• April 05, 2011: Discussion of Utility Rate Stakeholder Committee Member Appointments
  • In which the people who would be working with City Staff and Consultants were chosen
• June 07, 2011 Discussion of Utility Rate Committee Meeting
  • In which it was revealed that the people who would be working with City Staff and Consultants already had their first “get together”. But the public was not invited.

The “Brief History of How We Got Into This Mess” Series

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 1—1995 through 2002
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 2—2003 through 2007
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 3—January 2007 through February 2008
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 4— January 2008 through October 2008
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 5— October,2008 through June 2009
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 6— Some Background Information and a Brief Recap of What Happened Between 1995 and June 2009
• *A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 7: Some Enterprise Funds Basics, Meeting Highlights: July 7, 2009 through December 01, and a City Council Agenda
• Who knows, I may actually get around to writing Part 8

A Few Letters, Sun-Star & and Mike McGuire Articles about Livingston Politics (and a few other things Worthy of Note) (The links here go all the way back to the 2008 Election Cycle)

The 1995 Water Rate Resolution (Do you see anything in there that says “Industrial”?)

California Department of Health Sept. 2010 Letter on Water System Funding

Well #15 Enforcement Letter & Staff Report

Well #15 Manganese Enforcement Letter Discussions

How They Voted in 2011 (Granted, it’s a Work in Process, but there are links to things there you might be interested in.)

How They Voted in 2010

How They Voted in 2009

How They Voted in 2008

How They Voted in 2007

How They Voted in 2006

City Council Draft Meeting Minutes for 2010

City Council Draft Meeting Minutes for 2009

City Council Draft Meeting Minutes for 2008

City Council Meeting Minutes for 2007

City Council Meeting Minutes for 2006

City Council Meeting Minutes for 2005

City Council Meeting Minutes for 2004

2010-2011 Merced County Grand Jury Final Report

2009-2010 Merced County Grand Jury Final Report

2008-2009 Interim Reports Merced County Civil Grand Jury Postscript to FY2007/2008 Grand Jury’s Report On The City of Livingston

2007 2008 Merced County Grand Jury Final Report

2006-2007 Merced County Grand Jury Final Report

An Unexpected Visitor, A Soldier’s Angel, and a City Council Agenda

 

I had an unexpected visitor this weekend, maybe I shouldn’t have been to surprised (heh). More on that later…

But first let’s see what happened over the Veterans’ Day Weekend out in Delta Bravo Sierra Land: courtesy of Damon Shackelford: furious scribbler of military cartoons.

Matt’s been out of the picture for at least a year or so. So what happened to Matt in the first place?…Well…It’s kind of a long story that began back in 2009 when he had too close of an encounter with an IED. Next thing he knew, he was in Germany. After being heavily sedated for the flight to Walter Reed, it looked like he might have been facing a long lonely road to recovery. Until he got a visit from a very special “angel” and another by Laughing Wolf from Black Five. At first, his prognosis seemed a bit grim, after all Matt’s injury was the kind many of us would have a hard time dealing with. But the Soldiers Angels, and a voice activated laptop, helped Matt start down the road to recovery.  After Matt got a visit from a friend on leave we didn’t hear anything about him until now.

Welcome back Matt.

And God Bless those Soldiers’ Angels…

VFW Ladies Auxiliary Rummage Sale

The next Ladies Auxiliary Rummage Sale will be held November 30 and December 1-2 , 2011. If you have anything to donate contact Denis or Sue Wells and let us know where and when you would like someone to pick the items up.

There’s Still Time to Help Give the Lil Guys and Gals and even better place to play!

In 2006 the city purchased the storm drain basin (4 lots) next to the park and filled it in with the intent of making it a park to service the ball park participants and their families. Since then, Lil Guys and Gals field has been a ball park used for many years by the residents of Livingston.

The Recreation Commission determined in 2011 to take on the park as a project. The commission wanted to involve the community and let them help bring this project to reality. By purchasing a stepping stone the community not only provides the financing for the park, but in turn places a personal monument in the park for years to come.

Stones will be sold until there are enough sales to cover the completion of the park. The Commission’s goal is Summer of 2012.

Once you have purchased a stone you will be called by the Recreation Department for an appointment to make/create your stone.

If you are interested in creating a Memorial Stone and/or participating in one of the many work days that will take place to upgrade the park, call the Recreation Office at 394-8830 for more information.

Free Senior Breakfast, November 17th

Seniors who are interested in learning how they can save money on their energy bill are encouraged to attend the FREE SENIOR BREAKFAST which will be held at the Livingston Veteran’s Memorial Hall 1605 7th Street, Livingston on Thursday, November 17th , 8-10 am. This event is free for the first 150 Seniors who sign up.

For a full sized copy of the Flyer/Application Form CLICK HERE

 

This Just in from Joint Hometown News Service

By S.L. Standifird

FORT LEONARD WOOD, Mo. – Before the sun could rise above the peaks of the surrounding Ozarks and the Mark Twain National Forest, the son of a Merced couple was marching through heavy rain, over harsh terrain, while avoiding relentless bugs, and battling fatigue to complete the 2011 Military Police Corps Regiment Worldwide Warfighter Competition.

Army Staff Sgt. Jacob E. Vaughan, son of Phillip and Betty Covert of Merced, is a military policeman with 189th Military Police Company, Joint Task Force Guantanamo Bay, Cuba, who endured the competition with his teammates to finish 16th overall.

The Warfighter Competition is a three-and-a-half-day marathon of military police and Army skills designed to test and train the junior soldiers within the Military Police Corps Regiment. Each military police battalion in the Army is represented, often after having a competition of its own to determine which three soldiers will represent the battalion.

"They wanted the best, so here I am," said Vaughan, a 2002 Newman High School graduate.

The warfighter events included a written exam about military police and Army history, a physical readiness test that included modified army PFT events, night land navigation, battle drill and warrior task stations, various weapons drills and firing scenarios, a combatives tournament, and a 15 mile endurance march to mark the completion.

Going in, it was about more than just winning or finishing for Vaughan. The lessons learned were well worth the pain and effort, he said.

"We had a very short time to train so we just worked on endurance," said Vaughan. "With this experience, I will be able to inform soldiers of what’s expected of them."

All of the 37 teams that participated in the competition finished the entire event, and for Vaughan, it was his first of hopefully many to come.

ACCOMPANYING PHOTOS:

1. Army Staff Sgt. Jacob E. Vaughan is a military policeman with 189th Military Police Company, Joint Task Force Guantanamo Bay, Cuba, who endured the Worldwide Warfighter Competition with his teammates and finished 16th overall. (Photo by Michael Tolzmann)

2. Teams were often required to run long distances between events, such this six-mile run, during the Worldwide Warfighter Competition at Fort Leonard Wood, Mo. (Photo by Michael Tolzmann)

*

3. From the top of a 35-foot tower, soldiers repel immediately following firing weapons during the Worldwide Warfighter Competition at Fort Leonard Wood, Mo. (Photo by Michael Tolzmann)

4. A team rushes a dummy (simulated casualty) to a specified point during one of the many military police skills tested during the Worldwide Warfighter Competition. (Photo by Michael Tolzmann)

*

5. Military police teams negotiate a series of rooms and react to potential threats by firing upon targets. (Photo by Michael Tolzmann)

6. A team simulates first aid treatment to a dummy casualty during battle drills, where teams must successfully negotiate a given route and overcome situations and tasks. (Photo by Michael Tolzmann)

*

7. Competitors do as many pull-ups as possible during the physical readiness assessment on the first day of the 2011 Worldwide Warfighter Competition at Fort Leonard Wood, Mo. (Photo by Michael Tolzmann)

8. Beginning at the twilight hour and running into the darkness of night, the  land navigation event requires teams to successfully navigate through rough, wooded terrain with a compass and map. (Photo by Michael Tolzmann)

9. Soldiers respond to man-to-man combat skills during the combatives event, as part of a double elimination style tournament, during the 2011 Worldwide Warfighter Competition at Fort Leonard Wood, Mo. (Photo by Michael Tolzmann)

10. A team carefully enters a building where a suspected shooter is hiding. (Photo by Michael Tolzmann)

11. A suspected enemy combatant, who was hiding from competitors, is searched during one of many tests that were presented to the three-man teams. (Photo by Michael Tolzmann)

~

12. The firing pin to an M-4 rifle is put back into place during a weapons disassembly-reassembly timed event during the 2011Worldwide Warfighter Competition. (Photo by Michael Tolzmann)

 

OK…Whose Playing Chicken Now?

Over the weekend, I had an unexpected “visitor”: one of the chickens that have been “free ranging” on the corner of Hammatt and Park decided to try taking up temporary residence in my back yard.

At first I was a bit startled when I went out to add to my compost pile and was suddenly nose to beak with the big brown hen. But she didn’t seem to seem to get her feathers all too ruffled about it.

Now, I’ve already seen the occasional escaped parrot, parakeet, and cockatoo in addition to the “more usual”, sparrows, starlings, crows, magpie, owl, and crane.

And than, there is that humming bird who clearly seems to have claimed parts of my yard as “his” territory. (Ever seen humming birds fight by the way? For a bird so small, they have a huge attitude)

So…..there are many different species of birds that I would expect to see around the ole homestead. But not chickens. (No…I’m not talking about the occasional escapee from Foster Farms. I’m talking about the kind you would normally see running around the yards and/or kept in pens out in the country side.)

Because…..people are not supposed to have chickens within the City Limits.

Chickens and “what should we do about chickens” has been a topic of conversation at City Council Meetings on more than one occasion. Because, even though it is against the Municipal Code to have chickens and other farm animals within the City limits, some people still keep chickens.

It’s not unusual to see chickens “free ranging” around town and it’s also not too terribly unusual to hear roosters crowing in the wee hours of the morning: something which has also been brought to the Council’s attention a time or two. (or three, or more. I’m starting to lose count)

So…what will the City Council eventually do about chickens? Wellllllll….

It’s pretty clear (those who attend council meetings on a regular basis) that Some council members don’t have a problem with chickens in the city, so long as they stay in the back yard (So if Roosters wake you up at 5 in the morning – Guess you’re just out of luck). Other Council Members seem to feel chickens don’t belong inside the City Limits period! (Which is why that there “no chickens allowed” thing is in the Municipal Code in the first place doncha know)

I heard there is supposed to be a Joint Planning Commission/City Council meeting on December 3rd: to “develop a vision” and “work out goals and objectives”: stuff like that

Maybe they could add “What are we really going to do about chickens?” to the list…..

Oh…that Temporary Resident Chicken? It “flew the coop”. I think.

(Although my hubby did make chicken soup Monday….do you think? Nah!….. heh)

One More Thing Before We Change Gears

If I am remembering correctly, the Recruitment Period for the Chief of Police Position closed the end of October. Means we should be hearing something about the number of applications the City received pretty soon. Right?

Right?

And now on to the

CITY COUNCIL REGULAR MEETING AGENDA

NOVEMBER 15, 2011

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 November 15, 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. 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.

1. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented and Unrepresented City Employees.

Regular Meeting

CALL TO ORDER Next Resolution Number: 2011-69

Next Ordinance Number: 598

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.

City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

PUBLIC HEARINGS

1. Resolution Setting the City of Livingston’s Gann Appropriation Limit for the Fiscal Year 2011-2012.

2. Public Hearing – Resolution of the City Council of the City of Livingston Approving the City of Livingston Budget for Fiscal Year 2011-2012.

CITIZEN COMMENTS – NOTE: Public Comment/Speaker Cards are now available on the back table of the City Council Chambers. Please fill out the appropriate card and submit to Meeting Recorder.

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.

3. Resolution Approving Amendment to City Council Resolution No. 2010-7 to Add Replacement of Existing Streetlights with Energy Efficient LED Streetlights to the Scope of Work 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 City Manager to Execute the Agreement.

4. Resolution Authorizing Investment of Monies in the Local Agency Investment Fund.

5. Resolution Designating Certain Signatures for City Bank Accounts with WestAmerica Bank.

6. Approval of Warrant Register Dated November 9, 2011.

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Provide Staff Direction and Adopt a Resolution of Intent to Amend Livingston Municipal Code (LMC) Title 5, Chapter 3, Concerning Building Structure Setback Requirements.

8. Resolution Reappointing Luis Enrique Flores to the Planning Commission.

9. Appointment of Alternate Member to San Joaquin Valley Special City Selection Committee.

ADJOURNMENT

And Don’t Forget the following

A Few Form 700’s About Who Owns What and Where in Livingston

2011 CITY COUNCIL Agendas and Meeting Minutes (Although I haven’t had the time to link up every single Agenda Item to supporting documentation, it will give you a fairly good ideas of “where we’ve been” over the last few months)

Police Chief Recruitment City of Livingston

2012-2012 City of Livingston Draft Budget

The “Mission of the Utility Rate Stakeholders Committee” Series

• February 15, 2011 Discussion: Utility Rate Stakeholders Committee
  • In Which the idea was first proposed for a Stakeholders Committee in which members would work with City Staff and Consultants
• April 05, 2011: Discussion of Utility Rate Stakeholder Committee Member Appointments
  • In which the people who would be working with City Staff and Consultants were chosen
• June 07, 2011 Discussion of Utility Rate Committee Meeting
  • In which it was revealed that the people who would be working with City Staff and Consultants already had their first “get together”. But the public was not invited.

The “Brief History of How We Got Into This Mess” Series

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 1—1995 through 2002
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 2—2003 through 2007
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 3—January 2007 through February 2008
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 4— January 2008 through October 2008
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 5— October,2008 through June 2009
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 6— Some Background Information and a Brief Recap of What Happened Between 1995 and June 2009
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 7: Some Enterprise Funds Basics, Meeting Highlights: July 7, 2009 through December 01, and a City Council Agenda
• Who knows, I may actually get around to writing Part 8

A Few Letters, Sun-Star & and Mike McGuire Articles about Livingston Politics (and a few other things Worthy of Note) (The links here go all the way back to the 2008 Election Cycle)

The 1995 Water Rate Resolution (Do you see anything in there that says “Industrial”?)

California Department of Health Sept. 2010 Letter on Water System Funding

Well #15 Enforcement Letter & Staff Report

Well #15 Manganese Enforcement Letter Discussions

How They Voted in 2011 (Granted, it’s a Work in Process, but there are links to things there you might be interested in.)

How They Voted in 2010

How They Voted in 2009

How They Voted in 2008

How They Voted in 2007

How They Voted in 2006

City Council Draft Meeting Minutes for 2010

City Council Draft Meeting Minutes for 2009

City Council Draft Meeting Minutes for 2008

City Council Meeting Minutes for 2007

City Council Meeting Minutes for 2006

City Council Meeting Minutes for 2005

City Council Meeting Minutes for 2004

2010-2011 Merced County Grand Jury Final Report

2009-2010 Merced County Grand Jury Final Report

2008-2009 Interim Reports Merced County Civil Grand Jury Postscript to FY2007/2008 Grand Jury’s Report On The City of Livingston

2007 2008 Merced County Grand Jury Final Report

2006-2007 Merced County Grand Jury Final Report

Parking Spaces, CUPs, Nukes, National Security, and a Planning Commission Agenda

At its most basic, tequila is an alcoholic, distilled drink made in the arid highlands of central Mexico, from fermented and distilled sap of one species of agave (also called a maguey), an indigenous plant (a succulent related to the lily family, not a cactus). Archeologists say agaves have been cultivated for at least 9,000 years, and used as food for even longer. The agave has woven its fibres through the entire course of Mexican history.

Tequila is technically a mezcal, as are all agave spirits, but it is limited as to where it can be produced and where its source agave can be grown. Like cognac is a brandy from a specific region of France, tequila is a mezcal from a specific region of Mexico. – Excerpted From “For Tequila Lovers” Tequila Defined.

What does a reference to Tequila and mezcal have to do with the rest of this post? More on that later. But first, a few announcements:

VETERANS DAY PARADE This November in Livingston

Mark your calendar! The Livingston/Delhi Veterans of Foreign Wars #8327 and Ladies Auxiliary will be hosting the Annual Veterans Day Parade in the City of Livingston on November 11, 2011, at 11:00 am.

If you wish to have an entry in the parade, for an entry form contact Denis Wells at (209) 394-2059..

And for more on the History of Veteran’s Day CLICK HERE!

Livingston Rotary Crab Feed, November 12, 2011

Our Livingston Rotary Club Winton-Campini Crab Feed will be held Saturday, November 12, 2011, 6 pm. Contact any Livingston Rotarian or Livingston True Value Hardware for tickets. As always, it is all you can eat, family style with a raffle and dessert auction. It’s an opportunity to meet and greet old friends and raise money for local projects like the donations of library books, picnic covers, college scholarships, leadership camps, speech contests and disc golf course.

VFW Ladies Auxiliary Rummage Sale

The next Ladies Auxiliary Rummage Sale will be held November 30 and December 1-2 , 2011. If you have anything to donate contact Denis or Sue Wells and let us know where and when you would like someone to pick the items up.

There’s Still Time to Help Give the Lil Guys and Gals and even better place to play!

In 2006 the city purchased the storm drain basin (4 lots) next to the park and filled it in with the intent of making it a park to service the ball park participants and their families. Since then, Lil Guys and Gals field has been a ball park used for many years by the residents of Livingston.

The Recreation Commission determined in 2011 to take on the park as a project. The commission wanted to involve the community and let them help bring this project to reality. By purchasing a stepping stone the community not only provides the financing for the park, but in turn places a personal monument in the park for years to come.

Stones will be sold until there are enough sales to cover the completion of the park. The Commission’s goal is Summer of 2012.

Once you have purchased a stone you will be called by the Recreation Department for an appointment to make/create your stone.

If you are interested in creating a Memorial Stone and/or participating in one of the many work days that will take place to upgrade the park, call the Recreation Office at 394-8830 for more information.

Free Senior Breakfast, November 17th

Seniors who are interested in learning how they can save money on their energy bill are encouraged to attend the FREE SENIOR BREAKFAST which will be held at the Livingston Veteran’s Memorial Hall 1605 7th Street, Livingston on Thursday, November 17th , 8-10 am. This event is free for the first 150 Seniors who sign up.

For a full sized copy of the Flyer/Application Form CLICK HERE

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Heeeeesss Baaaaaaaaaack!

Yep! Mike Sperry is going back to the Planning Commission: looks like another pass at eventually re-opening the Tequila Club.

According to the APRIL 12, 2011 Draft Minutes Mr. Sperry first approached the Planning Commission with an idea to reopen the Tequila Club (which is located at 444 Main Street) but he ran smack into the limitations imposed by a footnote in the Zoning Code which states:

“All retail establishments serving alcoholic beverages for consumption on premises within the Downtown Commercial District (DTC) shall be located no closer than two City blocks between similar establishments. Two City blocks for purposes of this Title shall consist of 1,000 feet measured in all directions from an existing retail establishment serving alcoholic beverages for consumption on premises.”

However, since the El Diamate Bar has closed, there doesn’t seem much standing in the way of the Tequila Club reopening. (Except for, maybe, those changes in the State Building Code that have been enacted since the Tequila Club closed a few years back, and parking of course)

It is interesting to note that while the Planning Commission Agenda lists a “ Presentation Concerning a Parking Plan for a Proposed Business at 444 Main Street”, the Staff Report states clearly that Mr. Sperry wishes to open a Night Club.

The staff Report also goes on to state that the address of 444 Main Street already has a Conditional Use Permit which allows for the sale of Alcohol by the Glass and that this Conditional Use Permit “runs with the land”.

In other words, because of the way the original 2001 Conditional Use Permit was worded, unless that CUP is revoked by the Planning Commission, it’s as valid today as it was back in 2001

While We’re on the Subject of “Adult Beverages”

Unless things have changed significantly over the weekend our own City Manager is the President of a company that distributes alcoholic beverages.

Nope. Not Tequila.

Mezcal – with most of the product going to 14 stores in the Parlier, Reedly, Fresno Area and 1 in Turlock.

Small world. Isn’t it?

Planning Commission Chair Luis Flores to be Reappointed

Planning Commission Chair Luis Flores’ term on the Planning Commission ended December 31, 2011. The Council had the option to reappoint Mr. Flores to the Commission or re-advertise to attract additional applicants.

Both Council Person Land and Mayor Espinoza wanted to keep Mr. Flores and not Open the position up to the Public. The City Attorney stated that since this Agenda Item was talking about “Giving Direction To Staff” the Formal Resolution appointing Mr. Flores will have to come back at a Future City Council Meeting.

While We’re Still on the Subject of Planning Commission

You might be interested in Commissioners Form 700’s.

What’s a Form 700?

The Political Reform Act of 1974 (Gov. Code sections 81000-91014) requires many state and local public officials and employees to disclose certain personal fi­nancial holdings.  The Act, which frequently has been amended, began as a ballot initia­tive approved by over 70 percent of Califor­nia voters in the wake of the Watergate po­litical scandals.

  One of the Act’s stated purposes de­clares: Assets and income of public offi­cials which may be materially af­fected by their official actions should be disclosed and in appro­priate circumstances the officials should be disqualified from acting in order that conflicts of interest may be avoided.  (Cal. Gov’t. Code sec­tion 81002(c).) In its findings and declarations, the Act adds: Public officials, whether elected or appointed, should perform their duties in an impartial manner, free from bias caused by their own fi­nancial interests or the financial interests of persons who have supported them. (Cal. Gov’t. Code section 81001(b).) Excerpted From “Your Duty To File”, Fair Political Practices Commission.

To See a Copy of Planning Commissioners Form 700’s CLICK HERE. (You’ll have to “page down” past the City Manager’s and Assistant City Manager’s Initial Filings to get to the Commissioners’ Pages, but hey…)

Just Because I’m Interested in Such Things

For Those who are interested in such things as Iran and Nukes the "Implementation of the NPT Safeguards Agreement and relevant provisions of Security Council resolutions in the Islamic Republic" Report is out

http://isis-online.org/uploads/isis-reports/documents/IAEA_Iran_8Nov2011…

For more from the Institute for Science and International Security you can go to
http://isis-online.org/

And now on to the

LIVINGSTON PLANNING COMMISSION
REGULAR MEETING AGENDA
NOVEMBER 8, 2011 6:00 P.M.

CITY COUNCIL CHAMBERS, 1416 C STREET, LIVINGSTON

Members of the public are advised that all pagers, cellular telephones and any other communication devices be put on vibrate mode or turned off during the Planning Commission meeting.

Call to Order: 6:00 PM

Roll Call – Chairperson/Commissioners
Pledge of Allegiance

Item No. 1 – Presentations

a. Presentation Concerning a Parking Plan for a Proposed Business at 444 Main Street Mike Sperry.

Item No. 2 – Public Comment

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. 3 – Reports

a. Planning Commission

b. City Staff

Item No. 4 – Adjournment to regular meeting on December 13, 2011.

In compliance with the Americans with Disabilities Act, if you 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.

And Don’t Forget the following

A Few Form 700’s About Who Owns What and Where in Livingston

2011 CITY COUNCIL Agendas and Meeting Minutes

Police Chief Recruitment City of Livingston

2012-2012 City of Livingston Draft Budget

The “Mission of the Utility Rate Stakeholders Committee” Series

• February 15, 2011 Discussion: Utility Rate Stakeholders Committee
  • In Which the idea was first proposed for a Stakeholders Committee in which members would work with City Staff and Consultants
• April 05, 2011: Discussion of Utility Rate Stakeholder Committee Member Appointments
  • In which the people who would be working with City Staff and Consultants were chosen
• June 07, 2011 Discussion of Utility Rate Committee Meeting
  • In which it was revealed that the people who would be working with City Staff and Consultants already had their first “get together”. But the public was not invited.

The “Brief History of How We Got Into This Mess” Series

• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 1—1995 through 2002
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 2—2003 through 2007
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 3—January 2007 through February 2008
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 4— January 2008 through October 2008
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 5— October,2008 through June 2009
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 6— Some Background Information and a Brief Recap of What Happened Between 1995 and June 2009
• A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 7: Some Enterprise Funds Basics, Meeting Highlights: July 7, 2009 through December 01, and a City Council Agenda
• Who knows, I may actually get around to writing Part 8

A Few Letters, Sun-Star & and Mike McGuire Articles about Livingston Politics (and a few other things Worthy of Note) (The links here go all the way back to the 2008 Election Cycle)

The 1995 Water Rate Resolution (Do you see anything in there that says “Industrial”?)

California Department of Health Sept. 2010 Letter on Water System Funding

Well #15 Enforcement Letter & Staff Report

Well #15 Manganese Enforcement Letter Discussions

How They Voted in 2011 (Granted, it’s a Work in Process, but there are links to things there you might be interested in.)

How They Voted in 2010

How They Voted in 2009

How They Voted in 2008

How They Voted in 2007

How They Voted in 2006

City Council Draft Meeting Minutes for 2010

City Council Draft Meeting Minutes for 2009

City Council Draft Meeting Minutes for 2008

City Council Meeting Minutes for 2007

City Council Meeting Minutes for 2006

City Council Meeting Minutes for 2005

City Council Meeting Minutes for 2004

2010-2011 Merced County Grand Jury Final Report

2009-2010 Merced County Grand Jury Final Report

2008-2009 Interim Reports Merced County Civil Grand Jury Postscript to FY2007/2008 Grand Jury’s Report On The City of Livingston

2007 2008 Merced County Grand Jury Final Report

2006-2007 Merced County Grand Jury Final Report