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?
![clip_image004[5]](http://thegardeningsnail.files.wordpress.com/2011/10/clip_image0045.png?w=125&h=407&h=255)
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:
-
a footnote in the Zoning Ordinance that prohibited establishments selling Alcohol by the Glass to be within 1,000 feet of each other and
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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…
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
