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

Um----- Could we be a little more specific here

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

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

          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

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