Thegardeningsnail&#8217;s Weblog

NATIONAL YOUNG AMERICAN CREATIVE PATRIOTIC ART CONTEST

Video: Rep. Radanovich on Hannity — The Valley Hope Forgot

Video Veterans Fight to Keep 75-yr. old Mojave Desert Memorial Cross

Honoring The Children of The Fallen "It’s Who We Are" Project.

Someone sent me this. (It is the cutest story and quite profound actually).

Once upon a time a little boy decided to go for a walk and look for God. So he packed a bag with some Twinkies and Root Beer…

Helicopter Halos-The Kopp/Etchells Effect (includes must see photos)

(A little science, some awesome photos, and a story that honors some of our troops.)

(Brought to you by The American Legion)

(There’s Strange –and then There’s Army Strange)

From My Position On the Way(By another Military Dude: skip this one if you’re a particularly “thin skinned, easily offended wiener”)

The Women In Military Service for America Memorial Needs Your , Support!

Leave a Comment

November 2, 2009

NOTICE OF MEETING CANCELLATION LIVINGSTON CITY COUNCIL November 3, 2009

Filed under: Uncategorized — thegardeningsnail @ 6:05 pm
Tags: City Council, Livingston

NOTICE OF MEETING CANCELLATION

LIVINGSTON CITY COUNCIL

NOTICE IS HEREBY that due to the General Election the Regular Meeting of the Livingston City Council scheduled for Tuesday, November 3, 2009, at 7:00 p.m., has been cancelled,

Dated: October 30, 2009

/s/ BETTY COTA

Deputy City Clerk

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Don’t Shoot the Messenger-Just Refuse to Pay Him

Filed under: Uncategorized — thegardeningsnail @ 5:54 pm
Tags: City Council, City of Livingston, Colton Read, Crab Feed, Mojave Desert Veterans Memorial, Rotary, Veterans, VFW, Water Rates

First: a short note to my “tea bagging” friends and allies across the Twitterverse

At least, that’s what it looks like to me

Warning (a la “Lemony Snicket”) To Everybody Else

Do not read this post if you have friends on the City Council and you don’t like to see them insulted, criticized, critiqued, made fun of, satirized, snarked at, “put down”, “talked down too”, or otherwise talked about in a way that might damage your or their delicate sensibilities.

Read on at your own risk—you’ve been warned!

A couple posts back, (maybe more) I alluded to the “dismissive way” a couple of council persons seem to be treating Staff and Other Professionals who do work for and/or otherwise advise the city.

The most recent example being the Tuesday the 20^th City Council Meeting in which the City Auditor was kept cooling his heels on the sidelines due to a lack of a quorum. Although he had made the effort to be On Time at the Appointed Time of 6:45, because only 2 members of the Council showed up, the Auditor could not give his presentation as scheduled, he had to wait until darn near 11 p.m.

Now, from what I understand, Councilman Vierra had an excused absence for the whole night. As far as I am concerned, he is not the one at fault for there not being a quorum

I’m talking about the other two who breezed in late, just a couple minutes before the 7:00 Regular Meeting was about to start.

And no—I don’t care if one of them may have been hanging out with “the people” at the protest rally going on in the parking lot outside and a couple of the other Council Persons had excused absences for the Redevelopment Meeting. That still left 3 able bodied members of the Council which adds up to an available quorum.

There was a Civic and Professional Obligation to be at that previously scheduled and Legally Noticed 6:45 Redevelopment Agency Meeting and unless they were so sick they needed to stay home in bed, s/he should have been there on time!

To force the Auditor to wait and wait and wait until darn near 11pm to give his Audit Report on the Redevelopment Agency is just plain Rude!

And Preventable.

Unless…someone really doesn’t give a rat’s rear end about the value of an Auditor’s time.

And…, to top it all off, these same two “late arrivals voted against accepting the Independent Auditor’s Report on the City of Livingston, for the Fiscal Year ended June 30, 2009.

Can you believe it? Make the poor guy wait for hours then tell him his Report on the City’s Financials is “for %$#@” by voting “NO!” (And I can’t help but wonder. Will they vote against paying him too)?

After all…they also voted against paying the City Attorney (again!).

(In a future post, I hope to go into more detail as to what I think is the root cause of this constant “voting against paying the attorney thing”, with the “Grand Jury Report”, The City Response to “The Grand Jury Report”, The Grand Jury’s Response to “The City’s Response to the Grand Jury Report”, and voting against paying the “old lawyer” and “voting against paying “the new lawyer”, ad nauseam.)

But for now, I think I have a handle on why two council persons voted against accepting the Auditor’s Report on the City’s Financials.

· Accepting the Audit Report means also accepting The Water Enterprise Fund had a net operating loss of $454,506 for the last fiscal year.

· Accepting the Audit Report means also accepting The Domestic Waste Water Enterprise Fund had a net operating loss of $108,439 for the last fiscal year.

· Accepting the Audit Report means also accepting The Sanitation Enterprise Fund had a net operating loss of $146, 494 for the last fiscal year.

Accepting the Audit Report means also accepting that the City has been burning through cash from the General Fund in order to subsidize ever growing deficits in the Enterprise Funds.

Accepting the Audit Report means also accepting that some painful rate increases were a necessary evil to prevent the City from having to slash other public services, or continue on a rapid downward spiral into bankruptcy.

And with their friends, family and neighbors protesting in the parking lot

Accepting the Audit Report was just not Politically Acceptable.

The annual Rotary Crab Feed will be held at the Portuguese Hall

Saturday, November 7, 2009 at 6:00 pm.

Menu and open bar are the same as last year.

Meal tickets are $40 and raffle tickets are $1.00.

First prize is $1,000,

Second prize is a mystery prize donated by True Value Hardware,

Third prize is a recliner.

Over 100 prizes to be raffled.

Hope you got your tickets already!

All proceeds to fund local scholarships and fight polio.

VFW Ladies Aux. Quilt Raffle

The Livingston VFW is raffling off a hand made quilt. Tickets are $1 each or 6 for $5.00. For more information contact Denis or Sue Wells at 394-2059.

Special Needs Bingo Day

November 14, 2009

Elk’s Lodge, 1910 M Street, Merced CA 95340

Hours to be determined

Please register in advance for this event. Space is limited, so if you don’t register you might not be able to attend.

Contact Bryan Behn, Recreation Superintendent (209) 385-7426

NATIONAL YOUNG AMERICAN CREATIVE PATRIOTIC ART CONTEST

Video: Rep. Radanovich on Hannity — The Valley Hope Forgot

Video Veterans Fight to Keep 75-yr. old Mojave Desert Memorial Cross

Honoring The Children of The Fallen "It’s Who We Are" Project.

Someone sent me this. (It is the cutest story and quite profound actually).

Once upon a time a little boy decided to go for a walk and look for God. So he packed a bag with some Twinkies and Root Beer…

Helicopter Halos-The Kopp/Etchells Effect (includes must see photos)

(A little science, some awesome photos, and a story that honors some of our troops.)

(Brought to you by The American Legion)

(There’s Strange –and then There’s Army Strange)

From My Position On the Way(By another Military Dude: skip this one if you’re a particularly “thin skinned, easily offended wiener”)

The Women In Military Service for America Memorial Needs Your , Support!

Leave a Comment

October 31, 2009

When Is A City Council Meeting NOT A City Council Meeting

Filed under: Uncategorized — thegardeningsnail @ 7:25 pm
Tags: City Council, City of Livingston, Colton Read, Mojave Desert Veterans Memorial, Rotary, Special Needs, Veterans, VFW, Water Rates

Official “Legal Disclaimer for Purposes of Legal Disclaimerness”. I am not a lawyer and the opinions and statements below should not be taken as legal advice. I do however think I have a modicum of Common Sense, and I have done my share of Research in Preparation for Council Meetings Past, and since I have been to more City Council Meetings that some of our Present Council Persons, I think I have a pretty good idea of what I am talking about,

On November 4^th, a city council meeting which is not really a City Council Meeting is scheduled to take place.

When is a “city council meeting” NOT a City Council Meeting?

The “Short Answer” is when it is not organized by the City and “Noticed” by the City as such.

You see…There is this thing in California called “The Brown Act” and Open Meeting Laws dictate “Noticing” the “Date & Time of the Meeting”. In other words, how many hours before the meeting do you have to put up the Legal Public Notice (required by law) that you are going to HAVE the meeting.

Which leads to the conundrum at hand

At the last City Council meeting, it was agreed that there would be a special meeting on November 4^th, in which the whole community would be invited to “discuss” the Water Rate Increases (again!).

And a person from the Portuguese Pentecost Association would secure “The Hall” (the big one-that can hold up to 800 people) so there would be more than plenty of room for everyone that might want to attend.

Well….from what I hear, someone at the City spent quite a lot of “staff time” trying to get a straight answer about whether or not “The Hall” was really available for the 4^th (So Legal Noticing could be done)

And, as it turned out, “The Hall” (the big one) would not be available on the 4^th. Turns out Rotary had already booked and paid for use of “The Hall”(the big one) for the entire week leading up to the Crab Feed on the 7^th (so they can get deliveries, and set things up and other “prep stuff” like it has been doing for years)

Oops! Now what….

Well…if the whole point of the meeting is to have as much of the whole community there as humanly possible

And to have the Entire Council there so there can be a real “discussion”

What do you do?

Move the date of the meeting to a date “The Hall” is available so you can invite the whole community.

Which was done: an official City Council Meeting has been scheduled for November 17^th, 2009. Notices of this meeting will be in 3 languages and included with the Water Bill.

Now..from what I heard at the last Council Meeting, some folks don’t really care if they have a meeting that the Mayor can’t come to and it also seems some folks in the community are so “stuck on” having a meeting on November 4^th, they are going forward with their own meeting, even if it means doing so in a much smaller venue and without the full City Council in attendance (or able to participate even if they did go).

And the “invitations” this group is handing out is calling it a “Special Town Hall Meeting of the Livingston City Council” (I happen to have one of these “invites” in my hot little hands)

But, remember, this November 4^th meeting (for reasons stated above) was not organized by the City and legally “Noticed” as a City Council Meeting to the Public At Large.

So…at this “city council meeting” which is not a City Council Meeting, council persons in attendance can only “attend as residents”. If three (3) of them are there, they can’t say a word. (or nod, shake their heads, or otherwise do anything that signals agreement, disagreement, etc.)

Let’s be clear, if 3 members of the Council are at that “meeting” on the 4^th, they have to sit down and SHUT UP and their body language has to be NEUTRAL!

Because it’s not a “Real City Council Meeting” because it was not Legally Noticed As Such.

And any Council Person who “opens his or her mouth” OR communicates an opinion on the subject with their body language will be in violation of The Brown Act. (Correct me if I’m wrong)

It’s not like there has not been a lot of “Talk Talk” about rates this already. Like

· FEBRUARY 17, 2009 when Mayor Varela asked if the Council wanted to move forward with the Proposition 218 public hearing or have further study on rates and the Council voted 5/0 to begin the Prop 218 Process (That means “all in favor” emphasis on ALL)

· FEBRUARY 26, 2009 when I announced during Public Comments that I had posted examples of what future bill would look like on my Blog.

· MARCH 3, 2009 in which City Manager Warne commented that a public hearing would be held on April 21 on the rate increases and that it had been suggested that a public information meeting be held before this date. He asked the Council to make suggestions Mayor Varela recommended March 26. Staff agreed with this date. The City Manager then said staff would also send out a one page notice regarding the town hall meeting to everyone in English, Spanish and Punjabi.

· MARCH 17, 2009 in which the Mayor commented that a Town Hall Meeting would be held on March 26 at 7:00 p.m. in the City Council Chambers to discuss and receive public input regarding the proposed water, sewer and garbage rate increases and said the consultant will be available to answer questions and the City Manager encouraged the public to attend the meeting.

· March 26, 2009 The Town Hall Meeting In which information about the Proposed Rate Increase Scenarios was presented in advance of the Official Prop 218 Hearing date. The City Attorney stated that Proposition 218 as embodied in California Constitution Article XIII D, section 6(a)(1) requires that the City proposing to impose a new or increase an existing property-related fee or charge provide written notice by mail to the record owner of each parcel upon which the fee or charge will be imposed. The notice must contain the following information: (1) the amount of the rates of the water, sewer, and solid waste service fees proposed to be imposed; (2) the basis upon which the rates for the water, sewer, and solid waste service fees were calculated; (3) a statement regarding the reason for the imposition of the rate increases to the water, sewer, and solid waste service fees; and (4) the date, time, and location of the public hearing when the City Council will consider the proposed rate increases to the (Page 4 of 15) water, sewer, and solid waste service fees. She noted that Article XIII D, section 6(a) (2) further requires that the public hearing to consider adoption of the rate increases be held not less than forty-five days after the mailing of the notice.

· APRIL 7, 2009 In which the City Manager answered a question about the notices mailed out on the Rate Studies by explaining that State law required the City to send out notices in two ways. First, the City must mail out notices to everyone who receives a utility bill. Second, the City must send out public hearing notices to every parcel in the City. He noted that City staff asked the City’s information systems contractor to prepare a mailing list for this second group of people. He said that when the county property information was merged, some addresses were included for locations outside the City and notices were sent out inadvertently to people residing outside Livingston. The City Manager commented that he would much rather over notice than to under notice the public hearing.

· APRIL 21, 2009 The date of the official Prop 218 Hearing (Which lasted until about 10:30 pm) Sudhir Pardiwala from Raftelis Financial Consultants gave a presentation. The City Manager recommended that this item be continued to the May 5 meeting for City Council discussion and the City Attorney recommended that the public hearing be closed and have no additional public comment. New Rates for Garbage Collection were adopted.

· MAY 5, 2009 (A meeting that went past 10:00 pm again) At which time the official Protest Ballots were counted (401) The City Manager noted the City Council has a couple of options. It could run out of money; or cut police, fire and other things from the General Fund; or the City Council can move forward boldly even though it is unpopular. He said if the City is fortunate to get grants, rates can be adjusted downward; but if not, the City can still move forward. The Proposition 218 process requires that customers pay their proportionate share based on an objective rate study…It must be based upon an objective rate study—which was done by Raftelis Financial Consultants, Inc. In the past Livingston has lost grant monies, simply because grant reviewers have taken one look at the water rates and have concluded that they are artificially low in comparison with other communities. A good example of this is the Proposition 13 water grant the City received. The City would have received more grant money if it had rates more consistent with other communities.

· MAY 19, 2009 In which the Assistant City Attorney stated that the City Council could not consider another scenario unless they started the process all over again. The City would have to have a consultant conduct another rate study, and begin the process again. Notices would have to be sent out for another public hearing and conduct a public hearing. The public hearing is closed on these three scenarios. It is not proper now to have a workshop. This is State law.

· June 02, 2009 At which the City Attorney stated that at the public hearings held on the proposed water rate increase on April 21 and May 5, 2009, the City Council heard and considered all written and oral protests to the proposed rate increase. The Council closed the public comment portion of the public hearing at the May 5, 2009, meeting after hearing all speakers present at the May 5^th meeting. Once the public comment portion of a public hearing is closed, no additional written protests or oral comments may be considered by the City Council. After the City Council close of the public hearing, it was determined that the City did not receive written protests against the proposed water rate increase from a majority of property owners or customers of the identified parcels upon which the rate increases are proposed to be imposed. The City Council continued the item to (this) meeting for a determination of whether to adopt the proposed water rate increase. She stated that the Council closed the public hearing on this item at its May 5^th meeting; no additional public comments may be made on this item tonight.

· JUNE 16, 2009 In which the new City Attorney recommended that the City Council continue Items #14 and #15 to the meeting of July 7, 2009. These are the ordinances that pertain to the water service fees and sewer service fees. The proposal is to continue these items to that meeting where staff will bring back two resolutions for City Council consideration. The resolutions will be to update the water and sewer service fees pursuant to the Revenue Bond Law of 1941 and City police powers in the City’s municipal code. These resolutions are subject to approval by the majority of the City Council. A public hearing will be held on those resolutions under the Revenue Bond Law of 1941 to allow people to express their opinion on those resolutions, including whether the rates are discriminatory and in compliance under the Revenue Bond Law of 1941. This public hearing is separate and apart from the Proposition 218 public hearing. The Proposition 218 public hearing has been concluded and the City will be receiving no new protests under the Proposition 218 process. At the conclusion of that hearing, the City Council will have the option to approve or not to approve the new rates.

· JULY 7, 2009 About 5 months after a UNANIMOUS vote to begin the Prop 218 Process the New Rates for Water and Waste Water were adopted by resolution and the “political excrement really began hitting the rotary device” in high gear.

· August 4, 2009 It came up again

· AUGUST 18, 2009 The City Finally has a budget which includes the affect of the Rate Increases on the City’s Budget

· SEPTEMBER 15, 2009 Water Rates came up again during Public Comments

(If you “click” on any of the above dates, you will be able to read the entire Draft Minutes for that Meeting)

Then lastly, the October 21^st City Council meeting in which a group of Water Rate Protesters demanded the City hold a “Workshop” on Rate Increases. (which was agreed too-subject to getting “The Hall”) And 2 Council Persons voted against accepting the Official Auditor’s Report and against paying the City Attorney for Services Rendered (again) (No-I don’t have the minutes of that meeting yet-When I do-I’ll post them)

So…here we are, with invitations going out for a meeting on November 4^th to which the entire Council is invited but can’t speak or indicate any opinion (legally) (and probably shouldn’t even go to unless they don’t mind inviting scrutiny by The Grand Jury).

And the “Officially Noticed Council Meeting” scheduled for November 17^th at which the Council can speak as Council People (or shake their heads-roll their eyes-sigh-shrug-whatever-legally)

And no matter what..someone’s gonna be pissed and pitch a fit about it one way or another.

And I’m sitting here at my keyboard amazed and stunned at what all has been happening over the last, what?, almost 8 months and I’m thinking..

The Council had all the information available to them well before the February 17^th City Council Meeting. If a couple council people really, really, really believed the Rates needed to be “restudied” why didn’t they vote “NO” on FEBRUARY 17, 2009?

What am I missing?

The annual Rotary Crab Feed will be held at the Portuguese Hall

Saturday, November 7, 2009 at 6:00 pm.

Menu and open bar are the same as last year.

Meal tickets are $40 and raffle tickets are $1.00.

First prize is $1,000,

Second prize is a mystery prize donated by True Value Hardware,

Third prize is a recliner.

Over 100 prizes to be raffled.

Tickets can be purchased until October 31 from any Rotarian, at True Value Hardware, at City Hall.

All proceeds to fund local scholarships and fight polio.

VFW Ladies Aux. Quilt Raffle

The Livingston VFW is raffling off a hand made quilt. Tickets are $1 each or 6 for $5.00. For more information contact Denis or Sue Wells at 394-2059.

Special Needs Bingo Day

November 14, 2009

Elk’s Lodge, 1910 M Street, Merced CA 95340

Hours to be determined

Please register in advance for this event. Space is limited, so if you don’t register you might not be able to attend.

Contact Bryan Behn, Recreation Superintendent (209) 385-7426

NATIONAL YOUNG AMERICAN CREATIVE PATRIOTIC ART CONTEST

Video: Rep. Radanovich on Hannity — The Valley Hope Forgot

Video Veterans Fight to Keep 75-yr. old Mojave Desert Memorial Cross

Honoring The Children of The Fallen "It’s Who We Are" Project.

Someone sent me this. (It is the cutest story and quite profound actually).

Once upon a time a little boy decided to go for a walk and look for God. So he packed a bag with some Twinkies and Root Beer…

Helicopter Halos-The Kopp/Etchells Effect (includes must see photos)

(A little science, some awesome photos, and a story that honors some of our troops.)

(Brought to you by The American Legion)

(There’s Strange –and then There’s Army Strange)

From My Position On the Way(By another Military Dude: skip this one if you’re a particularly “thin skinned, easily offended wiener”)

The Women In Military Service for America Memorial Needs Your , Support!

Comments (1)

October 30, 2009

An Odd Marriage On The Rocks

Filed under: Uncategorized — thegardeningsnail @ 12:52 pm
Tags: Colton Read, Head Start, Housing Authority, Merced County, Mojave Desert Veterans Memorial, Planada, Red Ribbon, Rotary, Special Needs, Veterans, VFW

Lately, the “politics” in Lil Ole Livingston has been somewhat “interesting” (or weird, bizarre, straight out of the Twilight Zone, driving one to their Outer Limits, take your pick)

Anyway, in light of recent events, I am in the process of writing up a post I plan to call “When Is a City Council Meeting NOT a City Council Meeting?”

It’s not quite done yet… in the meantime…

Sometimes people send me “stuff” about “semi-local” politics that piques my interest.

The following is a example of some of the “stuff” that occasionally comes my way. Happy Reading J

Friday, October 30, 2009

Editor,

Since about 2002, the Merced County Housing Authority has encumbered upwards of $17,000,000.00 (million) dollars in funding for the ‘immediate’ restoration/renovation of Planada’s farm worker housing.

Subsequent plans to make plans, plans, changes to plans, and changes to staff, changes in management and a whole litany of missteps, inactions and political intrigue has left Planada with 88 fewer houses for farm workers and nothing on the ground.

Last year several ‘portable’ classroom buildings and playground equipment were installed directly adjacent to busy Plainsburg Road about one mile north of town, which remain neatly tended behind chain link fence, and entirely unused by Head Start or anyone else, for the last 18 months.

This week the Stanislaus County Office of Education (SCOE) which funded the Head Start ‘portables’ and infrastructure on the Housing Authority property will petition the Planning Commission to revoke the conditions of approval imposed last year by the Board of Supervisors which for safety reasons forbid the facility from opening until the surrounding Felix Torres Farm Worker Camp is completed and occupied.

Many residents in and around Planada would like to encourage SCOE to dissociate Head Start from the Housing Authority project, and move it’s much needed portable facility to the center of Planada where foot traffic to and from it won’t offer such clear and present danger to the children it was meant to serve.

Housing Authority needs to be held accountable for encumbering so much public money for so long with only salaries paid to show it. Mismanagement of public funds on this scale often results in criminal conviction when discovered. Is anyone besides the assistant district (sic) attorney listening?

Bryant Owens Plainsburg

From Angelica S. Martinez

Coordinator of Client Services

Deaf & Hard of Hearing Service Center

Remember to “fall back” on Saturday night. Put a reminder by your bed, on the TV or in your phone / pager . . . . Enjoy the extra hour of sleep!!!! This means to change your clock, time, etc. to one hour back. So tomorrow night, change your time one hour back and enjoy your 1 hour extra sleep on Sunday. You’ll need it since the kids will be high (on) candies and caffeine (from) the night before. Smile, have a safe weekend!

Special Needs Halloween Dance

October 30, 2009

This event is for individuals with special needs, their families and friends.

Merced Senior Community Center, 15th and O Streets, Merced, CA 95340

6:00 p.m. – 9:00 p.m.

(209) 385-7426 Email: Bryan Behn, Recreation Superintendent

This event is free

The annual Rotary Crab Feed will be held at the Portuguese Hall

Saturday, November 7, 2009 at 6:00 pm.

Menu and open bar are the same as last year.

Meal tickets are $40 and raffle tickets are $1.00.

First prize is $1,000,

Second prize is a mystery prize donated by True Value Hardware,

Third prize is a recliner.

Over 100 prizes to be raffled.

Tickets can be purchased until October 31 from any Rotarian, at True Value Hardware, at City Hall.

All proceeds to fund local scholarships and fight polio.

VFW Ladies Aux. Quilt Raffle

The Livingston VFW is raffling off a hand made quilt. Tickets are $1 each or 6 for $5.00. For more information contact Denis or Sue Wells at 394-2059.

Special Needs Bingo Day

November 14, 2009

Elk’s Lodge, 1910 M Street, Merced CA 95340

Hours to be determined

Please register in advance for this event. Space is limited, so if you don’t register you might not be able to attend.

Contact Bryan Behn, Recreation Superintendent (209) 385-7426

NATIONAL YOUNG AMERICAN CREATIVE PATRIOTIC ART CONTEST

Video: Rep. Radanovich on Hannity — The Valley Hope Forgot

Video Veterans Fight to Keep 75-yr. old Mojave Desert Memorial Cross

Honoring The Children of The Fallen "It’s Who We Are" Project.

Someone sent me this. (It is the cutest story and quite profound actually).

Once upon a time a little boy decided to go for a walk and look for God. So he packed a bag with some Twinkies and Root Beer…

Helicopter Halos-The Kopp/Etchells Effect (includes must see photos)

(A little science, some awesome photos, and a story that honors some of our troops.)

(Brought to you by The American Legion)

(There’s Strange –and then There’s Army Strange)

From My Position On the Way(By another Military Dude: skip this one if you’re a particularly “thin skinned, easily offended wiener”)

Congressman Devin Nunes on the Water Crisis

Leave a Comment

October 21, 2009

Just a collection of Rants, Observations and Personal Conclusions from the October 21 2009 City Council Meeting

Filed under: Uncategorized — thegardeningsnail @ 7:05 pm
Tags: City Council, Livingston, Mojave Desert Veterans Memorial, Red Ribbon, Rotary, Special Needs, Street Fair, Veterans, VFW, Water Rates

Like the title says, this is a collection of rants, observations and personal conclusions. So if I “jump around” a bit and my grammar isn’t perfect and you don’t like it BITE ME or Write Your Own Damn Blog! (Can you tell I’m just a bit PO’d at the moment)

Just for the record…I HATE THE INCREASES IN THE WATER BILL!!!

HATE Them! HATE! HATE! HATE!! Yuck! Crap! #@&%^$# (Do you really think I want to pay more? Are you NUTS!?)

And..I don’t ever, ever, ever think there has been as many people show up for a City Council Meeting as showed up for that one last night. EVER!!!!

But…can we talk?

First off…It has become quite clear to me over time that two members of the City Council were NEVER going to vote for the Rate Increases as presented at the last Prop 218 Hearing. Period.

It’s also quite clear that the General Fund has been getting raided for cash in order to make sure that everyone had water in the tap, the toilets flushed, and the garbage was picked up. Period.

So the City has been on the road to bankruptcy for a while and we are suffering for it now. Period.

And at least a couple Council People feel it’s ok to increase the costs of putting on a Council Meeting if it allows them the opportunity to make a “political point”.

Either that, or they are really clueless, or don’t care, about how much it costs to have Professionals, like Auditors, Engineers, and Attorneys sitting in at these meetings.

Some Council Persons don’t seem to “get it” (or care) that if you schedule someone like an Auditor to be at a meeting at 6:45, and you keep him until almost 11pm, because the Agenda gets jocked around you’re probably gonna have to pay him double what you planned to pay him cuz he’s “on the clock” twice as long as originally planned.

Then they don’t want to pay the Attorney for services already rendered. (Will they bitch about how much it cost to have the Auditor there too when that bill finally arrives?)

And a few other observations…..

When people talk about “the water bill” they are not talking about ‘water”. They mean the “Water, Sewage, and Garbage Bill”

Quite a few people, for one reason or another, didn’t come to the Prop 218 meetings and are quite shocked and upset at how much “the water bill” went up.

There are quite a few people who are having trouble paying “the water bill”

There are quite a few people who think the “Water Bill” was increased just because people on the City Council don’t care about them.

There are quite a few people who said they voted for the People on the Council because they thought these Council Persons “would take care of them and do what the people wanted”

And they believe the rate increases are too high..

And Some of the members of the City Council were “for” Rate Increases in years past before they were “against” them this time around.

Some people actually berated the Mayor because his ability to translate into Spanish was “terrible” and not good enough for them. (There’s some Instant Messaging Slang for how I feel about comments like that one: it’s “WTF”-look it up in the Urban Dictionary)

Ok….so his Spanish wasn’t that great. At least he TRIED!!!!!

And when one persons Public Comment reminded everyone that this was a problem that was years in the making, she was greeted with cat-calls and shouts of “Para Fuera!,” (Get out!)

Again “WTF”?

Many of the people who spoke at last nights Meeting called the increases “unjust’ and some held signs likening three of the Council Members to “the three stooges”

Some of the people in Livingston seem to feel the Rate increases were another in a series of direct attacks on their personal life style.

· First the Rvs

· Then the Stoves in the garage

· Then other such “code related issues”

· Now Rate Increases

Most seemed to say “we understand rates have to go up but not THAT much” and there were implications that the City really didn’t need to raise the rates that much anyway. There just had to be some kind of fraud going on somehow.

Unfortunately, the vast majority of the people who were upset about “the water bill” and spoke out against the Rate Increases and made allegations of “fraud etc.” didn’t stick around for the Annual Auditor’s Report. If they had, they could have asked the Auditor

· Is the City really hiding money?

· If the City wasn’t really charging enough on “the water bill”, where did the cash come from to keep the water turned on, the toilets flushing, and the garbage picked up

· Were the Rate Increases really necessary

· What would have happened if the “water bill” didn’t go up?

· What other City Services could get cut if the “water bill” didn’t go up so much

Now I don’t have a Master’s Degree in Psychology or Journalism or Political Science. I just go to City Council meetings and stay there until most everyone else leaves.

So…this is how I see the “water bill issue” as being “spun”

If “we” just got rid of the City Manager, and the people who voted for the Rate Increases, “we” could get rid of the “high” increases and get “fair” ones instead.

Message to Councils Future…don’t tell me you are in favor of spending money on Consultants and Prop 218 Hearing stuff unless you really mean it…

Now..While I have your Attention for a Moment

Potential Cuts in Light of New, New Budget Crisisby Tom Campbell

Democrats: Then and Now-More With Congressman Devin Nunes

More to Consider

Merced County Road Closures / Delays for the week of October 18 – 24, 2009

ROAD CLOSURES:
Until Further Notice – Gerard Rd. between Tower Rd. and Coffee St. is closed. A detour is in place.
ROAD DELAYS:
There are no road delays to report for next week.
If you have any questions, please call Curt Royer at (209) 385-7601.

Video Veterans Fight to Keep 75-yr. old Mojave Desert Memorial Cross

VFW Ladies Aux. Quilt Raffle

The Livingston VFW is raffling off a hand made quilt. Tickets are $1 each or 6 for $5.00. For more information contact Denis or Sue Wells at 394-2059.

LIVINGSTON‘S 21ST ANNUAL
RED RIBBON WEEK
October 26 – 31, 2009

For List of Activities Click Here

The Women In Military Service for America Memorial Needs Your , Support!

Family Hamburger Night October 22nd

NATIONAL YOUNG AMERICAN CREATIVE PATRIOTIC ART CONTEST

Video: Rep. Radanovich on Hannity — The Valley Hope Forgot

Livingston Fall Street Fair

The City of Livingston is hosting it’s Annual Street Fair every Thursday evening in October from 6pm to 9pm.

For more information Click HERE

Special Needs Halloween Dance

October 30, 2009

This event is for individuals with special needs, their families and friends.

Merced Senior Community Center, 15th and O Streets, Merced, CA 95340

6:00 p.m. – 9:00 p.m.

(209) 385-7426 Email: Bryan Behn, Recreation Superintendent

This event is free

The annual Rotary Crab Feed will be held at the Portuguese Hall

Saturday, November 7, 2009 at 6:00 pm.

Menu and open bar are the same as last year.

Meal tickets are $40 and raffle tickets are $1.00.

First prize is $1,000,

Second prize is a mystery prize donated by True Value Hardware,

Third prize is a recliner.

Over 100 prizes to be raffled.

Tickets can be purchased until October 31 from any Rotarian, at True Value Hardware, at City Hall or at the October Street Fair (apron booth).

All proceeds to fund local scholarships and fight polio.

Special Needs Bingo Day

November 14, 2009

Elk’s Lodge, 1910 M Street, Merced CA 95340

Hours to be determined

Please register in advance for this event. Space is limited, so if you don’t register you might not be able to attend.

Contact Bryan Behn, Recreation Superintendent (209) 385-7426

Honoring The Children of The Fallen "It’s Who We Are" Project.

Someone sent me this. (It is the cutest story and quite profound actually).

Once upon a time a little boy decided to go for a walk and look for God. So he packed a bag with some Twinkies and Root Beer…

Helicopter Halos-The Kopp/Etchells Effect (includes must see photos)

(A little science, some awesome photos, and a story that honors some of our troops.)

(Brought to you by The American Legion)

Web Sites of Interests

(There’s Strange –and then There’s Army Strange)

From My Position On the Way(By another Military Dude: skip this one if you’re a particularly “thin skinned, easily offended wiener”)

For List of Activities Click Here

Comments (1)

October 19, 2009

Random Thoughts and Snarks About the October 20 2009 City Council Meeting Agenda

Filed under: Uncategorized — thegardeningsnail @ 7:23 pm
Tags: City Council, Livingston, Mojave Desert Veterans Memorial, Red Ribbon, Rotary, Special Needs, Street Fair, Veterans, VFW

Snark: noun Combination of "snide" and "remark". Sarcastic comment(s). (From “The Urban Dictionary”)

In this post, I vent, rant,“snark” and give my first impressions about some of the Agenda Items for this Tuesday’s City Council Meeting. My “additions” will be shown in bold italics, just like the one’s you are looking at right now.

This is an “Opinion Piece” I am not trying to be “fair and balanced” especially since I’ve been coming to (and writing about) Council Meetings for “a while” and am just a tad “ticked off” at some of the “stuff” I’ve observed.

And the “stuff” just keeps getting deeper..

CLOSED SESSION: 5:00 P.M.

REGULAR MEETING: 7:00 P.M.

I just hope someone doesn’t try to do something so stupid the meeting gets delayed…it’s gonna be a long enough one as it is.

Closed Session

1. Conference with Legal Counsel—Existing Litigation.

Pursuant to Government Code Section 54956.9(a).

City of Livingston v. The Dow Chemical Company, et al., San Francisco Superior Court Case No. CGC-05-442837; San Bernardino Superior Court, Coordination Proceeding, TCP Cases, Judicial Council Coordination.

This one has been going on for a long time. (Can we say “years”?)

2. Public Employee Performance Evaluation.

Pursuant to Government Code Section 54957.

Title: City Attorney.

Gee! Wouldn’t you like to be a fly on the ceiling listening to this conversation? I wonder how much closed session information a certain City Council member will try to “slip” into Open Session this time around. hmmmm.

3. Public Employee Appointment and/or Ratification of Appointment.

Government Code Section 54957.

Title: City Attorney.

This could be “interesting”.

Regular Meeting

CALL TO ORDER Next Resolution Number: 2009-50

Next Ordinance Number: 585

Pledge of Allegiance.

Roll Call.

Closed Session Announcements

I sure hope that if there are Announcements there are only Announcements

Changes to the Agenda.

See the word “Changes”? This is the places for making Changes!

It’s gonna be a long night already. I sure hope someone doesn’t decide to try to add anything more. If it’s an emergency-fine but it sure would be nice to get home before Midnight

If you MUST make a motion to add something..this is the place to do it

Better yet…how about taking OFF a thing or two…like the one about Business Cards. Business Cards? Doesn’t the City Print its own Business Cards. Does someone want more “Professional Cards” printed on the taxpayer’s dime? Hmmmmm…more rant on that later..

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of Proclamation: Red Ribbon Week.

Thanks to all the volunteers who make events like this happen.

(Wouldn’t it be sad if parades and events like this have to be canceled in the future because the City can’t afford the Overtime in the Police Department?)

2. Introduction of Code Enforcement Officer.

You wanted Code Enforcement? Code Enforcement has already begun, so has the “screaming”

3. Blueberry Crossing – Walmart Supercenter Scoping Session.

Can we PLEASE stick a stake in the heart of the “giving land to Walmart” rumor? I was at a Planning Committee meeting where it was mentioned about getting the leveling and grading done for some Temporary Soccer Fields (not giving land to WalMart for a parking lot or “whatever”). And by the way, a “Box Store” has been in the plans for a long time. But, if you’ve been around during the General Plan Update Debate, you knew that already.

So don’t act all shocked, shaken, surprised and bent out of shape like it “just happened” within the last couple of weeks. (Sheesh!)

4. Police Department Annual Report.

Will we need to let go any officers? I sure hope not!

5. City of Livingston Independent Auditor’s Report and Financial Statements June 30, 2009 and City of Livingston Local Transportation Development Act Fund Independent Auditor’s Report and Financial Statements June 30, 2009.

Can we kill off a couple more rumors and get a few things explained while were at it: Like The one about the City “hiding” cash somewhere

And could the Auditor please explain why just because the City gets Grant Money it just can spend it any way it wants to?

And explain what “Enterprise Fund” means

And explain what a “deficit” is

And are there really deficits in the Enterprise Funds and what happens to Cities that keep running deficits in their Enterprise Funds

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

See the word “Report”

City Council Members’ Announcements and Reports.

Report, Council People, Report!

Not make Changes or make Motions or Pontificate, Grandstand, and otherwise drag this thing out any longer than necessary.

Mayor’s Announcements and Reports.

See above

PUBLIC HEARINGS

CITIZEN COMMENTS

CONSENT CALENDAR

6. Resolution Approving the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents with Respect to the Sale of the Seller’s Proposition 1A Receivable from the State: and Directing and Authorizing Certain Other Actions in Connection Therewith.

Hm……will this one get pulled for “special consideration” with at least 2 “no” votes.. If so…why?

7. Resolution Requiring Interest on Debts.

Didn’t know the City had debts, did you?

8. Denial of Claim for Damages from Yolanda Haro.

9. Approval of Minutes of Regular Meeting Held on August 4, 2009.

10. Approval of Minutes of Regular Meeting Held on August 18, 2009.

11. Approval of Minutes of Regular Meeting Held on September 15, 2009.

12. Approval of Warrant Register Dated October 2, 2009, Except Warrant Number 68840.

Looks like someone doesn’t want to pay the attorney again.

13. Approval of Warrant Register Dated October 15, 2009.

DISCUSSION AND POTENTIAL ACTION ITEMS

14. Discussion Concerning the Changing of Water Rate Tiers and Eliminating Current Tiered Rate System and Replacing it with a Single-Water Rate Tier for Use of up to 35,000 Gallons.

You did know the City has already spent well over $250,000 up through the last Prop 218 thing on Consultants, Legal Review, and related expense? If the current Tiered Rate System is eliminated, we have to start the whole sad, sorry, expensive process all over again.

And I don’t think we’d like the results of that one either…

15. City Council Business Cards.

Business Cards?

What’s wrong with the ones the City prints up? I mean, if someone doesn’t like the “Cityfied” ones they can always print their own on their own home computer can’t they? I know of people who print their own. What’s the deal here?

16. Request by Council Member Espinoza to Discuss Warrant Number 68840.

Another vote against paying the attorney?

17. Cancellation of City Council Meetings.

From a few quick scans of Warrant Registers, I figured it costs on average about $3,000 a meeting by the time you add it all up.

I sure hope no one on the council tries to say something along the lines of “the Mayor needs to ask all us Council Members first what we think about it first” before canceling a meeting when there aren’t a lot of agenda items. (Can you say “Brown Act Violation?”)

18. City Manager Announcements and Reports.

Are we there yet?

ADJOURNMENT

Will we get out before Midnight? I sure hope so

More to Consider

Merced County Road Closures / Delays for the week of October 18 – 24, 2009

ROAD CLOSURES:
Until Further Notice – Gerard Rd. between Tower Rd. and Coffee St. is closed. A detour is in place.
ROAD DELAYS:
There are no road delays to report for next week.
If you have any questions, please call Curt Royer at (209) 385-7601.

Video Veterans Fight to Keep 75-yr. old Mojave Desert Memorial Cross

VFW Ladies Aux. Quilt Raffle

The Livingston VFW is raffling off a hand made quilt. Tickets are $1 each or 6 for $5.00. For more information contact Denis or Sue Wells at 394-2059.

LIVINGSTON‘S 21ST ANNUAL
RED RIBBON WEEK
October 26 – 31, 2009

The Women In Military Service for America Memorial Needs Your , Support!

Family Hamburger Night October 22nd

NATIONAL YOUNG AMERICAN CREATIVE PATRIOTIC ART CONTEST

Video: Rep. Radanovich on Hannity — The Valley Hope Forgot

Livingston Fall Street Fair

The City of Livingston is hosting it’s Annual Street Fair every Thursday evening in October from 6pm to 9pm.

For more information Click HERE

Special Needs Halloween Dance

October 30, 2009

This event is for individuals with special needs, their families and friends.

Merced Senior Community Center, 15th and O Streets, Merced, CA 95340

6:00 p.m. – 9:00 p.m.

(209) 385-7426 Email: Bryan Behn, Recreation Superintendent

This event is free

The annual Rotary Crab Feed will be held at the Portuguese Hall

Saturday, November 7, 2009 at 6:00 pm.

Menu and open bar are the same as last year.

Meal tickets are $40 and raffle tickets are $1.00.

First prize is $1,000,

Second prize is a mystery prize donated by True Value Hardware,

Third prize is a recliner.

Over 100 prizes to be raffled.

Tickets can be purchased until October 31 from any Rotarian, at True Value Hardware, at City Hall or at the October Street Fair (apron booth).

All proceeds to fund local scholarships and fight polio.

Special Needs Bingo Day

November 14, 2009

Elk’s Lodge, 1910 M Street, Merced CA 95340

Hours to be determined

Please register in advance for this event. Space is limited, so if you don’t register you might not be able to attend.

Contact Bryan Behn, Recreation Superintendent (209) 385-7426

Honoring The Children of The Fallen "It’s Who We Are" Project.

Someone sent me this. (It is the cutest story and quite profound actually).

Once upon a time a little boy decided to go for a walk and look for God. So he packed a bag with some Twinkies and Root Beer…

Helicopter Halos-The Kopp/Etchells Effect (includes must see photos)

(A little science, some awesome photos, and a story that honors some of our troops.)

(Brought to you by The American Legion)

Web Sites of Interests

(There’s Strange –and then There’s Army Strange)

From My Position On the Way(By another Military Dude: skip this one if you’re a particularly “thin skinned, easily offended wiener”)