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

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

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

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

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

World War I – known at the time as “The Great War” – officially ended when the Treaty of Versailles was signed on June 28, 1919, in the Palace of Versailles outside the town of Versailles, France. However, fighting ceased seven months earlier when an armistice, or temporary cessation of hostilities, between the Allied nations and Germany went into effect on the eleventh hour of the eleventh day of the eleventh month. For that reason, November 11, 1918, is generally regarded as the end of “the war to end all wars.” Excerpted from History of Veterans Day – United States Department of Veteran’s Affairs

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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.

Excerpted from Closed Session: October 18, 2011 City Council Meeting Agenda (The Closed Session for this Date Was Canceled)

CITY COUNCIL REGULAR MEETING AGENDA

NOVEMBER 1, 2011

OPEN SESSION: 7:00 P.M.

Excerpted from the NOVEMBER 01, 2011 Meeting Agenda (Notice What’s Missing? Yep..No Closed Session. No Conference about Labor Negotiations)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

As of the date of this Posting, we are getting ready to enter the 5th month of a New Fiscal Year without a Formally Adopted Budget. But it looks like we finally might be close to actually adopting a Real Budget, sort of – almost – maybe

More on that later..but first let’s check into Delta Bravo Sierra Land

So….whose gonna get the biggest “chewin’”? Guess you’ll have to go to Delta Bravo Sierra Land yourself to find out….

There’s Strange..and then there’s Army Strange: courtesy of Damon Shackelford: furious scribbler of military cartoons. {He’s on Facebook too! and even has his own Comic Book!!!}

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.

The 2011-2012 Draft Budget for the City of Livingston has been Published.

And was the subject of a Special City Council Meeting on October 25th .  {You can CLICK HERE to see it as originally published}

As you can see (If you chose to click the link above ^) The Draft Minutes really don’t tell you diddly squat about what all was discussed that night (Over 2 hours and 31 minutes worth of discussion took place).

However, with the help of my own handy dandy hand held recorder and some previous Facebook Posts..I can give you a few tidbits to chew over before the Official Budget Adoption Meeting: which is supposed to be before this month is over.

*The Fire Department’s budget will be increased by $2,000 (taking it from another department if need by)so they can have “educational Fire Prevention materials” to take to the schools.

*The City will “donate” $5,000 to the July 4th Committee. There was also a discussion about using Reserve Officers for the Fourth of July Celebration.

*The Council talked about starting up a brand new Fire Inspection Program whereby the Fire Department would go into every Multi-Unit Apartment Complex and every Business on an Annual Basis

*Staffing at Public Works is a bit too low to get everything everyone wants done exactly when everyone wants it done. So the City Manager talked about the possibility of starting up a program in which a Public Works person goes to the (prison?) and pick up Low Risk Offenders to do stuff like Weed Abatement & such.

*The Building Inspector is only at City Hall Monday-Thursday. As far as “code enforcement” goes, the focus is on “Health and Safety” and “weed abatement”.

*There are projected Surpluses in the Enterprise Operating Funds: which will be used to offset previous Operating deficits.

 *The Senior Center may not continue in it’s present location: there are some “changes” coming. Mayor Espinoza talked about moving the Senior Center to the building next door to City Hall."

*And the Planning Department got an additional $500 to cover additional costs of additional “Public Noticing” of the additional “Public Hearings” for all the additions/subtractions and Changes Being Made to the Zoning Code.

Look for a reworked version of the Budget to be available just before the November 15th City Council Meeting.

While We’re On The Subject of the Budget 

Last year, Extensions of MOU’s (Memorandum of Understandings) with the vast majority of Employee Bargaining Units was adopted by a 5-0 vote of the City Council at the July 6, 2010 Council Meeting. This year, the Closed Session discussion about Negotiations with the Employee Organizations has been canceled at least twice already.

And there’s nothing on this Tuesday’s Agenda about “Conference with the Labor Negotiator” either.

Maybe its just me. But doesn’t it make sense to finish up Negotiations and Adopt the Memorandums of Understanding with the Employee Organizations at least a meeting or two before adopting The Budget?

So what’s the hold up? I mean, it’s not like the City Council didn’t know “Labor Negotiations” needed to get done some time this year.

I did notice one thing though…according to the City Council Draft Minutes I have, the Assistant City Manager: Vicky Lewis, was included in the Closed Session Discussions about Labor Negotiation last year.

This year, however, Meeting Minutes seems to indicate the Assistant City Manager has been excluded from these discussions..

You know the old expression about “keeping all your eggs in one basket”? I wonder if all the “discussions” are being kept in one pocket..

I’m also wondering When-Will-These-Discussions-Finally-Get-DONE!?!

Changes Coming to the Planning Commission?

See Agenda Item Below

It will be interesting to see if the City Council “opens it up” to anyone who might be interested, or if they will take the position of “why bother, he’s doing a good job anyway”.

And Now on to the

CITY COUNCIL REGULAR MEETING AGENDA

NOVEMBER 1, 2011

OPEN SESSION: 7:00 P.M.

Notice is hereby given that the City Council will hold a Regular Meeting on November 1, 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 agenda shall be as follows:

Regular Meeting

CALL TO ORDER Next Resolution Number: 2011-69

Next Ordinance Number: 598

Pledge of Allegiance.

Roll Call.

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

GRANT ANNOUNCEMENTS

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

PUBLIC HEARINGS

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.

1. Approval of Minutes of Meeting Held on October 4, 2011 (Amended).

2. Approval of Minutes of Meeting Held on October 18, 2011.

3. Approval of Minutes of Meeting Held on October 25, 2011.

4. Approval of Warrant Register Dated October 26, 2011.

DISCUSSION AND POTENTIAL ACTION ITEMS

5. Resolution Declaring Intent Not to Enforce Certain Provisions of Livingston Municipal Code Section 5-6-5Against Vacant Legal Nonconforming Residential Units in the Downtown Commercial Zoning District for Two (2) Years from Effective Date of Resolution.

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

7. City Council to Provide Staff Direction for Appointment to the Planning Commission.

ADJOURNMENT

And there is also

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

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.

Excerpted from Closed Session: October 18, 2011 City Council Meeting Agenda (Which was Canceled by the way-the Closed Session Part)

Have you noticed how Closed Sessions about Negotiating with the Employee Organizations are getting canceled: almost on a regular basis?

hmmmmm..….More on that later..but first let’s check into Delta Bravo Sierra Land.

Where will this little adventure end? You never know when it’s Delta Bravo Sierra Land!

There’s Strange..and then there’s Army Strange: courtesy of Damon Shackelford: furious scribbler of military cartoons. {He’s on Facebook too! and even has his own Comic Book!!!}

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.

And Don’t forget that Tri-Tip Dinner! Proceeds go to help the Park!

Breakfast with the VFW

The Livingston/Delhi Veterans of Foreign Wars and Ladies Auxiliary Breakfast will be served on October 30, 2011, at the Livingston Veterans Memorial Hall, located at 1605 7^th Street, in Livingston. Adults can eat for $6.00, and the children under 12 for eat for $4.00. 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.

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.

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..

VOICE OF DEMOCRACY CONTEST

Are you a 9^th through 12^th grade student?

Could you use a scholarship of up to $30,000 from the Veterans of Foreign Wars?

The Voice of Democracy Contest is an Audio Essay contest that gives the students who are enrolled in the 9^th through 12^th grade in a public, private or parochial school, or home study program, (excluding foreign exchange students, students older than 19 years, and former State Voice of Democracy winners) the opportunity to express their opinion in a three to five minute audio (cassette tape or CD) on the theme, ‘Is There Pride In Serving In Our Military?’.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

From the local level the winners will move on to District, State and then National, and there are prizes at each level.

The national first-place winner receives a $30,000 scholarship paid directly to the recipient’s American university, college or vocational/technical school. Other national scholarships range from $1,000- $16,000 and the first-place winner from each (State) VFW Department wins an all-expense-paid trip to Washington, D.C.

Essay and entry forms are due to the Post Commander, Denis Wells, no later than November 1, 2011.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or at www.vfw.org.

PATRIOT’S PEN CONTEST

The Patriot’s Pen Essay contest gives students who are enrolled in the 6^th, 7^th and 8^th grades, in public, private, parochial school or home study program, the opportunity to express their opinion in a written essay of 300 to 400 words, on the patriotic theme ‘Are You Proud of Your Country?”.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

From the local level the winners will move on to District, State and then National, and prizes are awarded at all levels.

Annually, roughly 112,000, students from grades 6-8, enter to win one of several savings bonds totaling $1.2 million, as well as an all-expense-paid trip to Washington, D.C. for the National first place winner.

Essay and entry forms are due to the Post Commander, Denis Wells, no later than November 1, 2011.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or on line at www.vfw.org.

NATIONAL YOUNG AMERICAN CREATIVE PATRIOTIC ART CONTEST

Attention 9^th through 12^th grade students!

The Ladies Auxiliary to the Veterans of Foreign Wars is the sponsoring the National Young American Creative Patriotic Art Contest.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate,Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

The winning artwork will be eligible for State competition, and from there, to the National competition, where the winning artists can receive scholarships of up to $10,000.

Entries are due by March 1, 2012. Students must have crafted their entries during the 2011-2012 school year – and this must be verified by a teacher’s signature on each entry form. If a student used the U.S. Flag in his or her work, the flag’s depiction must conform to the Flag Code.

Partial contest rules: Artwork must be on paper or canvas and must be 8 inches by 10 inches to 48 by 24 inches, not including mats. Watercolor, pencil, pastel, charcoal, tempera, crayon, acrylic, pen-and-ink or oil may be used. Digital art may be used, but must be on paper or canvas; no computer discs will be accepted. Do not frame entries. Submit canvas entries on stretcher frames. Other entries must be matted on white. Do not use color mats. In matting, use heavy paper to reinforce the back. Mounted and floating mats may also be used.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or on line at www.lavfw.org.

Donita "Sue" Wells
Ladies Auxiliary VFW 8327-13
Secretary Treasurer
1159 2nd Street — Livingston CA 95334-1204
(209) 394-2059 — Cell (209) 648-4668
Fax (209) 394-9199 — Email denisue@gvni.com

The 2011-2012 Draft Budget for the City of Livingston has been Published.

And you still have time to look it over before the Council “talks about it” in Open Session. The nice thing about a PDF file is the handy dandy search box at the top. Just type in what your interested in and the computer will find it for you. CLICK HERE to see it

If You’ve Been a Regular City Council Meeting Agenda Watcher

you’ve noticed this Brand Spankin’ New Addition to City Council Meeting Agendas:

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.

and some of your may be wondering “What the Heck?” and “Whose Idea Was This?”

And I can think of a few Recall Supporters whose very first reaction to the idea might well be “Card? You mean I have to fill out a stinkin Card if I want to say something during a Council Meeting?”

This could be fun!

You see…while the use of Comment Cards to “speed the process of Public Comments along and/or “give people who don’t like to speak in public” an alternative to “speaking publically” isn’t necessarily a violation of the Brown Act and/or the First Amendment, so long as EVERYBODY has to use them..

Using those cards to limit “who gets to talk about what and when” is a whole nuther ball game.

So is “letting friends/supporters” of Council Members have their say, but “forgetting” to let “the other side” have their say too. (oops! where did that card go! we bad!)

Which means…. all those other folks who have complained in the past about  other City Council persons “not wanting to listen to the people” will have to show up to the meetings in time to fill out those cards too!

Just like everybody else…

Come to think of it..Which could get real “interesting” come Prop 218 Hearing time

And the next Election Cycle

If You’ve Been a Regular City Council Meeting Agenda Watcher, You’ve also noticed

that negotiations with the City Employees Bargaining Units seem to be dragging on just a “tad”: matter of fact, Closed Sessions Items about this have been canceled at least twice.

Last year, Extensions of MOU’s (Memorandum of Understandings) with the vast majority of Employee Bargaining Units was adopted by a 5-0 vote of the City Council at the July 6, 2010 Council Meeting as the following Consent Calendar Items:

6. Resolution No. 2010-35, Approving an Extension of the Current Memorandum of Understanding Between the City of Livingston and the City of Livingston Clerical Employees Association.

7. Resolution No. 2010-36, Approving an Extension of the Current Memorandum of Understanding Between the City of Livingston and the City of Livingston Management and Confidential Employees Association.

8. Resolution No. 2010-37, Approving an Extension of the Current Memorandum of Understanding Between the City of Livingston and the Livingston Police Officers’ Association.

9. Resolution No. 2910-38, Approving an Extension of the Current Memorandum of  Understanding Between the City of Livingston and the City of Livingston Public Works and Parks Employees Unit.

10. Resolution No. 2010-39, Approving an Extension of the Current Memorandum of Understanding Between the City of Livingston and the Livingston Supervisory Employees Association.

11. Resolution No. 2010-40, Approving an Extension of the Current Understandings Between the City of Livingston and the City of Livingston Unrepresented Employees not Associated with any City Bargaining Union.

And If memory serves me correctly, nobody got a raise (or if they did, it wasn’t much of one – correct me if I’m wrong – Please)

Sooooooo….last year, it was all “done” by July…let’s see…July, August, September, October, November?, December?

And don’t try to tell me it’s because “we just hired a New City Manager” and a “New Assistant City Manager Either” either…

Unless the Council has had it’s collective head up a very dark place, they all knew the Fiscal Year ended on June 30th and they had an Acting City Manager who has been here way long enough to have at least gotten the process started!

Which Reminds Me

If you would like a “brief snapshot” of what has been on the City Council’s Plant for the past few months, you can go to my  2011 CITY COUNCIL Agendas and Meeting Minutes Page.

There, you will find links to Agendas, Draft Minutes, Staff Reports, Resolutions, Ordinances and other “back up documentation”. No…it’s not “everything-everything-everything, but it’s enough to give you a good idea about “where we’ve been” and where we might be going in the future.

Speaking of Agendas, on to the

REDEVELOPMENT AGENCY MEETING AGENDA

OCTOBER 18, 2011

CITY COUNCIL CHAMBERS

6:45 P.M.

Notice is hereby given that the Livingston Redevelopment Agency will hold a Regular Meeting on October 18, 2011, in 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 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 Regular Meeting will begin at 6:45 p.m. The agenda shall be as follows:

Regular Meeting

CALL TO ORDER Next Resolution Number: 2011-2

Roll Call.

Changes to the Agenda.

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 Redevelopment Agency on any item NOT otherwise on the agenda. Members of the public, when recognized by the Chair, 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 Redevelopment Agency this evening and all items will be referred to staff for follow up and a report. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the Redevelopment Agency as each item is brought up for discussion.

PRESENTATIONS

1. City of Livingston Redevelopment Agency – Independent Auditor’s Report and Financial Statements June 30, 2011.

CONSENT CALENDAR

2. Approval of Minutes of Special Meeting of August 23, 2011.

ADJOURNMENT

CITY COUNCIL REGULAR MEETING AGENDA

OCTOBER 18, 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 October 18, 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: 2011-67

Next Ordinance Number: 598

Pledge of Allegiance.

Roll Call.

Closed Session Announcements

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. City of Livingston – Independent Auditor’s Report and Financial Statements June 30, 2011 and City of Livingston Local Transportation Development Act Fund – Independent Auditor’s Report and Financial Statements June 30, 2011.

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 – 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.

2. Waive the Second Reading and Adopt Ordinance No. 596 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 4, Chapter 2, Relating to Signage.

3. Waive the Second Reading and Adopt Ordinance No. 597 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-3-16-1 (A)(1) Setback Exceptions Concerning Small Doorway Covers.

4 Resolution Supporting the California Air Resources Board’s Leadership in Promoting Clean and Efficient Motor Vehicles, Energy Independence, Zero Emission Technologies and Improved Quality of Life in California.. it {Note from TheGardeningSnail – yep..I know you’ll also get the warrant register, meeting minutes, and TIGER Grant stuff if you click on this link..but hey…}

5. Approval of Minutes of Meeting Held on October 4, 2011.

6. Approval of Warrant Register Dated October 12, 2011.

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Resolution Approving Submittal of a Grant Application to the Department of Transportation TIGER 3 Discretionary Grants. {Note from TheGardeningSnail: there was nothing in the Agenda Packet I downloaded over the weekend about this item…but I did find This, and This, And This from the Federal Register, that you might find interesting…I got Part 2 of the Agenda Packet downloaded on Tuesday…so if you go to Item 4 above and click on that, then go to page 67 of the PDF File…you’ll find it. I may have time later this week to break it up into it’s own individual page..but this is the best I can do at the moment.}

ADJOURNMENT

And there is also the

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

After 35 years in and out of public service, Sen. Dianne Feinstein finally got something named after her — a skateboard park in the tiny Central Valley farming town of Orange Cove, about 20 miles outside Visalia. – DiFi’s the bomb in tiny Orange Cove / Central Valley town honors Dem senator for her generous attention

2009-2010 Fresno County Grand Jury Report #10 (Pgs. 181-187) and Sanger Herald

Records and interviews show the city spent lavishly on a park that today, 2 1/2 years after it opened, is hardly used. The park has, however, caught the attention of state auditors, who wonder why the city can’t account for some of the costs. – They Built A BMX Park And No One Came

Jose Antonio Ramirez, who was Orange Cove’s city manager from 2000 to 2003, and Alma Lopez-Guerra, who was in charge of the city’s day care center from 2001 to 2004, said they, too, were frustrated with Lopez’s grip on city government. They said their attempts at reform were met with resistance and they eventually resigned -  Ibid    

"I came across unethical activity and very unprofessional accounting practices, which were signs of corruption," Ortiz said. "City officials would violate city procedures, policies, municipal code and state law." – Ibid

In the end, the park cost about $800,000 to build — including the city’s share of about $300,000. One contractor who worked on the project and who has helped build other BMX parks said most comparable projects cost about $100,000. – Ibid

2009-2010 Fresno County Grand Jury Report #10 (Pgs. 181-187) and Sanger Herald

What do Skate Parks, Grand Jury Reports and a New City Manager / Assistant City Manager have in common?

It’s a whale of a tale to tell you lad. A whale of a tale  or two.  A tale that begins in the tiny town of Orange Cove: full of allegations of waste, fraud and just plain ole fashioned “dastardly doings” and “shady shenanigans”: replete with links to “famous names” like Senator Dianne Feinstein, comedian Paul Rodrigues (and his skateboarding son), and a few “not so famous names” like our own Brand New City Manager and Assistant-City-Manager-To-Be.

I’ll go into a few more details later. (You know what they say about “opening that can of worms”) But first…lets check in on Delta Bravo Sierra Land.

And there is much more to the story, and even more to come. You can find out about “what happened in between” by going to Delta Bravo Sierra Landyourself and looking around.

There’s Strange..and then there’s Army Strange: courtesy of Damon Shackelford: furious scribbler of military cartoons. {He’s on Facebook too! and even has his own Comic Book!!!}

Breakfast with the VFW

The Livingston/Delhi Veterans of Foreign Wars and Ladies Auxiliary Breakfast will be served on October 30, 2011, at the Livingston Veterans Memorial Hall, located at 1605 7^th Street, in Livingston. Adults can eat for $6.00, and the children under 12 for eat for $4.00. 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.

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.

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..

VOICE OF DEMOCRACY CONTEST

Are you a 9^th through 12^th grade student?

Could you use a scholarship of up to $30,000 from the Veterans of Foreign Wars?

The Voice of Democracy Contest is an Audio Essay contest that gives the students who are enrolled in the 9^th through 12^th grade in a public, private or parochial school, or home study program, (excluding foreign exchange students, students older than 19 years, and former State Voice of Democracy winners) the opportunity to express their opinion in a three to five minute audio (cassette tape or CD) on the theme, ‘Is There Pride In Serving In Our Military?’.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

From the local level the winners will move on to District, State and then National, and there are prizes at each level.

The national first-place winner receives a $30,000 scholarship paid directly to the recipient’s American university, college or vocational/technical school. Other national scholarships range from $1,000- $16,000 and the first-place winner from each (State) VFW Department wins an all-expense-paid trip to Washington, D.C.

Essay and entry forms are due to the Post Commander, Denis Wells, no later than November 1, 2011.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or at www.vfw.org.

PATRIOT’S PEN CONTEST

The Patriot’s Pen Essay contest gives students who are enrolled in the 6^th, 7^th and 8^th grades, in public, private, parochial school or home study program, the opportunity to express their opinion in a written essay of 300 to 400 words, on the patriotic theme ‘Are You Proud of Your Country?”.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

From the local level the winners will move on to District, State and then National, and prizes are awarded at all levels.

Annually, roughly 112,000, students from grades 6-8, enter to win one of several savings bonds totaling $1.2 million, as well as an all-expense-paid trip to Washington, D.C. for the National first place winner.

Essay and entry forms are due to the Post Commander, Denis Wells, no later than November 1, 2011.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or on line at www.vfw.org.

NATIONAL YOUNG AMERICAN CREATIVE PATRIOTIC ART CONTEST

Attention 9^th through 12^th grade students!

The Ladies Auxiliary to the Veterans of Foreign Wars is the sponsoring the National Young American Creative Patriotic Art Contest.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

The winning artwork will be eligible for State competition, and from there, to the National competition, where the winning artists can receive scholarships of up to $10,000.

Entries are due by March 1, 2012. Students must have crafted their entries during the 2011-2012 school year – and this must be verified by a teacher’s signature on each entry form. If a student used the U.S. Flag in his or her work, the flag’s depiction must conform to the Flag Code.

Partial contest rules: Artwork must be on paper or canvas and must be 8 inches by 10 inches to 48 by 24 inches, not including mats. Watercolor, pencil, pastel, charcoal, tempera, crayon, acrylic, pen-and-ink or oil may be used. Digital art may be used, but must be on paper or canvas; no computer discs will be accepted. Do not frame entries. Submit canvas entries on stretcher frames. Other entries must be matted on white. Do not use color mats. In matting, use heavy paper to reinforce the back. Mounted and floating mats may also be used.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or on line at www.lavfw.org.

Donita "Sue" Wells
Ladies Auxiliary VFW 8327-13
Secretary Treasurer
1159 2nd Street — Livingston CA 95334-1204
(209) 394-2059 — Cell (209) 648-4668
Fax (209) 394-9199 — Email denisue@gvni.com

The 2011-2012 Draft Budget for the City of Livingston has been Published.

And you still have time to look it over before the Council “talks about it” in Open Session. The nice thing about a PDF file is the handy dandy search box at the top. Just type in what your interested in and the computer will find it for you. CLICK HERE to see it

Now…..I’m Going to Invoke the Story Teller’s License Here

To tell you just a little bit about a City Manager, a Chief Financial Officer, a “mismanaged Skate Park Project”, allegations of illegalities, and a Grand Jury Report.

And…as Story Teller (as opposed to “newsperson”) I am giving myself permission to ramble a tad. 

No…..I cant give you all of the “allegations and legal woes” involved (even though an anonymous friend or two has helped with the research over the weekend. OK…helped A LOT with the research). 

It’s just that: the more we dig, the more we find, which leads to even more digging and even more finding…..and we just gotta quite somewhere if we’re ever going to get this post done before the next Council Meeting takes place.

Ready? Here we go…

Once upon a time, there was a little town named Orange Cove and it’s Mayor: Victor Lopez, who was the Mayor for many years. Mayor Lopez had somewhat of an unsavory reputation among some people, but he also had the reputation for bringing in the “big bucks” with the help of “big friends” like Dianne Feinstein.

Along comes a City Manager named Jose Ramirez, who became the City Manager of Orange Cove from 2000 to 2003.  According to the tale, he ended up butting heads with the Mayor, who was pretty much used to doing what he (the mayor) wanted to do, when he wanted, and how he wanted. Mr. Ramirez eventually resigned because he was “frustrated with (the Mayor’s) grip on city government”.

Well…after Mr. Ramirez left Orange Cove, he went to Firebaugh and eventually from there to Livingston.

Then Along came Odilon Ortiz, who became the finance manager of Orange Cove from November 2005 until he was fired in June 2007. The City Manager at the time (Bill Little: now deceased) said Mr. Ortiz had “a bad attitude”. Mr. Ortiz claimed he was fired for pointing out issues of waste, mismanagement and outright fraud in the City’s Financial doings. Things like:

• city officials to ignoring normal contract bidding rules,
• being ordered to NOT issue 1099’s or W2′s for the Mayor’s Son Victor Jr.
• and a whole host of other things (one might consider sleazy, unsavory, and downright rude to the taxpayers who were ultimately footing the bill)

Mr. Ortiz sued the City of Orange Cove for retaliatory termination: (which didn’t turn out to well for Mr. Ortiz in the Courts of Legal Opinion).

However, a Grand Jury Investigation into the financing and building of the Dianne Feinstein BMX Park seems to bear out most  of the allegations of waste, fraud, mismanagement, and or ineptitude that Mr. Ortiz had been trying to bring to light…(and had been fired for doing so)

It ended up that Bill Little, the city manager and the man who allegedly told Ortiz NOT to issue 1099s or W2s for the Mayor’s son, Victor Lopez, Jr. was killed after leaving a City Council meeting when a big rig “crossed his path”,

Mayor, Victor Lopes ended up under investigation for threatening the current Police Chief and has been quoted as having said things like: “you don’t know what kind of people I have.  You better watch your back.”

Victor Lopez Jr., was arrested for a methadone operation and found in possession of a controlled substances when his house was raided. He was also arrested for a Parole Violation after he was witnessed "…..checking the layout of the police station, the timing of the gates, how long they stay open, which cars they believe to be police vehicles.".

David Lopez, the Mayor’s other son that Mr. Ortiz was told to keep quiet about in regards to earnings from the City, was arrested for assaulting his wife,.

The state of California refused to pay any of the $ 400,000 + grant money which had been previously awarded for the BMX park, due to discrepancies and irregularities in the expenses associated with its construction and operation and the Grand Jury told the City of Orange Cove to get it’s act together big time.

Mayor Lopez eventually lost his most recent election to a garbage truck driver in November 2010, and two of the city council members lost their seats as well.

However, though his connections with Paul Rodriguez (the comedian) , was able to secure a job as the Secretary of the California Latino Water Coalition (CLWC):(Some might find it interesting to note that Paul Rodriguez Jr. (the comedian’s son) is a Professional Skateboard/BMX competitor and that when Victor Lopez Jr (the Mayor’s son). was arrested, he (Victor Lopez Jr.) was renting the home of Paul Rodriguez Sr. (the comedian)

And, the Former City Manager of Orange Cove, Jose Ramirez has now chosen Former Orange Cove CFO Mr. Odilon Ortiz to be the next Chief Financial Officer of of Livingston.

Small World. Isn’t it? And now on to the

CITY COUNCIL REGULAR MEETING AGENDA

OCTOBER 4, 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 October 4, 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.

3. Public Employee Appointment

(Government Code Section 54957)

Title: Assistant City Manager/Finance Director

4. Conference with Legal Counsel – Potential Litigation

(Government Code Section 54956.9)

Number of Cases: One

5. 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: 2011-65

Next Ordinance Number: 596

Pledge of Allegiance.

Roll Call.

Closed Session Announcements

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Bob Kalman, Environmental Management Services (EMS), Water and Wastewater Collection Systems Services Provided to the City of Livingston by EMS.

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

2. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code Title 4, Chapter 2, Relating to Signage.

3. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-3-16-1 (A) (1) Setback Exceptions, Concerning Small Doorway Covers.

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 Rejecting All Bids for Cal Fire Station #96 Vertical Air Flow Exhaust Removal System and Authorizing the City Manager to Re-advertise for Bids.

5. Approval of Minutes Held on September 20, 2011 (Special Meeting).

6. Approval of Minutes Held on September 20, 2011 (Regular Meeting).

7. Approval of Warrant Register Dated September 28, 2011.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Resolution of the City Council of the City of Livingston Approving Employment Agreement Between the City of Livingston and Odilon Ortiz Jr. for his Employment as Assistant City Manager/Finance Director.

ADJOURNMENT

And don’t forget the

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

I was just an old man, just getting older and enjoying my retirement. Then 9/11 came," – Firefighter tells story behind iconic moment with George W. Bush

Wherever you fall on the political spectrum, whatever you may think of what has happened in the years since 9/11, I don’t think it’s too much to ask to learn about just one victim.  – Project 2996: We Remember

Photo from The National 911 Memorial Interactive Timeline “This interactive timeline chronicles the events of 9/11 using images, audio and video from the 9/11 Memorial Museum’s permanent collection. The timeline tells the story of the day as it unfolded in the air and on the ground. It’s filled with first-person accounts from survivors, first responders and witnesses.” – 911 Memorial Museum 

 

Once again, It’s one of those Times of the Year to take a little break from “politics” at the moment, to talk a little about things that (at least should in my opinion) transcend “politics”.

But First, a few Announcements of Community Activities

Community Garden Meeting September 16th, 2011

This has been a project a long time in coming, with more than it’s fair share of “fits and starts”. (OK…maybe for “fits” than “starts”, but at least somebody is still working to keep this dream alive. Even if you do your own “home gardening” at “home”, maybe you could drop by and at least give the surviving Committee Members some moral support. There are some people who believe in Community Gardening for gardening’s sake!)

BUILDING MATERIALS SALE by the VFW  Sale September 14-18, 2011

There are over 800 types of merchandise to put in the Building Materials Sale which will be held at the Delhi Veterans Memorial Hall located at 9799 Stephens Street, Delhi. The hours will be from 9 am to 5 pm daily except Sunday which will be 9 am to NOON. The updated Building Materials list can be located by Clicking Here.

Hamburger Night

Join us for the VFW Hamburger Night, September 29, 2011. Meals will be served from 6-8 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 $1.50 to 3.50 per meal. All proceeds go to help support our community programs.

Breakfast with the VFW

The Livingston/Delhi Veterans of Foreign Wars and Ladies Auxiliary Breakfast will be served on October 30, 2011, at the Livingston Veterans Memorial Hall, located at 1605 7^th Street, in Livingston. Adults can eat for $6.00, and the children under 12 for eat for $4.00. 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.

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.

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..

VOICE OF DEMOCRACY CONTEST

Are you a 9^th through 12^th grade student?

Could you use a scholarship of up to $30,000 from the Veterans of Foreign Wars?

The Voice of Democracy Contest is an Audio Essay contest that gives the students who are enrolled in the 9^th through 12^th grade in a public, private or parochial school, or home study program, (excluding foreign exchange students, students older than 19 years, and former State Voice of Democracy winners) the opportunity to express their opinion in a three to five minute audio (cassette tape or CD) on the theme, ‘Is There Pride In Serving In Our Military?’.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

From the local level the winners will move on to District, State and then National, and there are prizes at each level.

The national first-place winner receives a $30,000 scholarship paid directly to the recipient’s American university, college or vocational/technical school. Other national scholarships range from $1,000- $16,000 and the first-place winner from each (State) VFW Department wins an all-expense-paid trip to Washington, D.C.

Essay and entry forms are due to the Post Commander, Denis Wells, no later than November 1, 2011.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or at www.vfw.org.

PATRIOT’S PEN CONTEST

The Patriot’s Pen Essay contest gives students who are enrolled in the 6^th, 7^th and 8^th grades, in public, private, parochial school or home study program, the opportunity to express their opinion in a written essay of 300 to 400 words, on the patriotic theme ‘Are You Proud of Your Country?”.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

From the local level the winners will move on to District, State and then National, and prizes are awarded at all levels.

Annually, roughly 112,000, students from grades 6-8, enter to win one of several savings bonds totaling $1.2 million, as well as an all-expense-paid trip to Washington, D.C. for the National first place winner.

Essay and entry forms are due to the Post Commander, Denis Wells, no later than November 1, 2011.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or on line at www.vfw.org.

NATIONAL YOUNG AMERICAN CREATIVE PATRIOTIC ART CONTEST

Attention 9^th through 12^th grade students!

The Ladies Auxiliary to the Veterans of Foreign Wars is the sponsoring the National Young American Creative Patriotic Art Contest.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

The winning artwork will be eligible for State competition, and from there, to the National competition, where the winning artists can receive scholarships of up to $10,000.

Entries are due by March 1, 2012. Students must have crafted their entries during the 2011-2012 school year – and this must be verified by a teacher’s signature on each entry form. If a student used the U.S. Flag in his or her work, the flag’s depiction must conform to the Flag Code.

Partial contest rules: Artwork must be on paper or canvas and must be 8 inches by 10 inches to 48 by 24 inches, not including mats. Watercolor, pencil, pastel, charcoal, tempera, crayon, acrylic, pen-and-ink or oil may be used. Digital art may be used, but must be on paper or canvas; no computer discs will be accepted. Do not frame entries. Submit canvas entries on stretcher frames. Other entries must be matted on white. Do not use color mats. In matting, use heavy paper to reinforce the back. Mounted and floating mats may also be used.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or on line at www.lavfw.org.

Donita "Sue" Wells
Ladies Auxiliary VFW 8327-13
Secretary Treasurer
1159 2nd Street — Livingston CA 95334-1204
(209) 394-2059 — Cell (209) 648-4668
Fax (209) 394-9199 — Email denisue@gvni.com

A Few Remembrances of September 11.

If you go on YouTube and type in “September 11th” you will find hundreds, if not thousands of tribute videos. Here are only a few of some of the ones I thought were “the best of the best”: either because they were historically relevant, thoughtful, or inspirational.

Yep. Some of them are “old”. But just because they may be “old” doesn’t mean they’ve become stale and irrelevant.

Some people have asked “Where was God on 9-11” This video attempts to answer that question.

This Tribute Contains the speech by President Bush on the night of September 11, 2001.

In this video, Andrew Klavan takes us back to that day to honor the first responders, the victims and to examine how ideas lead to heroism, freedom, or barbaric acts.

The person who put together this video states: “There isn’t much I can do for those who suffered so greatly that day but I wanted to pay tribute to them in some way”. Music: I Believe (9/11 tribute) by Blessed Union of Souls

This video was made by compiling recordings of the the news during the September 11th disaster and accompanied by the song “Overcome” by the group “Live”.

Here is a special tribute to the Search And Rescue Dogs of 911, many of whom have already passed away from complications arising from being at Ground Zero 

Remembering the People of September 11

"There were people who ran into a building that had been hit by a plane.

There are people who refused to let their plane be used as a weapon against others at the certain cost of their own lives.

And there are probably many whose heroics died with them, without the world finding out. Some may have saved others. Some may have simply comforted others knowing full well they would die themselves.

2,996 isn’t about making these people into heroes. It’s about making them real to those of us who have never heard their stories." ….excerpted from Project 2996: Remembering the Victims of 911, Frequently Asked Questions

Project 2,996 isn’t about "politics" or "policy" but is an attempt by a community of bloggers to keep alive the memory of those who died that day.

Left, Right, Center, doesn’t matter. Anyone who was, and is, willing to take some time out of their regularly busy lives, to do a little research, and write a Tribute is welcome to participate.

No…I didn’t start Project 2,996.

Yes…I think it is something worth your time to consider.

No…It is not to late to "get in" on the project.

For more information on Project 2,996 and to read Tributes that have already been written, you can CLICK HERE

For a Collection of Photos of September 11 Memorials you can also CLICK HERE

For even more Photos you can CLICK HERE

And Now…On To The

CITY COUNCIL REGULAR MEETING AGENDA

SEPTEMBER 6, 2011

CLOSED SESSION: 6:30 P.M.

OPEN SESSION: 7:00 P.M.

Notice is hereby given that the City Council will hold a Regular Meeting on September 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 6:30 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.

DISCUSSION AND POTENTIAL ACTION ITEMS

3. Appointment of Labor Negotiator: Jose Antonio Ramirez, City Manager, Relating to Labor Negotiations with Employee Organization Operating Engineers Local Union No. 3, Representing the Livingston Police Officers’ Association.

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.

4. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organization: Operating Engineers Local Union No. 3 (OE3)

Representing the Livingston Police Officers’ Association (LPOA)

Regular Meeting

CALL TO ORDER Next Resolution Number: 2011-57

Next Ordinance Number: 596

Pledge of Allegiance.

Roll Call.

Closed Session Announcements

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Elizabeth Jonasson, Clean Air Coalition – California Clean Cars Campaign.

2. Presentation by Travis Kirk, Capital Facilities Project Manager, Merced Union High School – Livingston High School Improvements from Measure M.

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.

3. Resolution Awarding Construction Contract to Harris Builders Inc, Turlock, California for the Picnic Areas and Restroom Facilities at the Walnut Sports Complex Project 06-01680, the Appropriation and Expenditure of Funds, and Authorizing the City Manager to Execute a Construction Contract and Any Change Orders Thereto with Harris Builders Inc.

4 Approval of Minutes of Meeting Held on August 10, 2011.

5. Approval of Minutes of Meeting Held on August 16, 2011.

6. Approval of Minutes of Meeting Held on August 23, 2011.

7. Approval of Warrant Register Dated August 31, 2011.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Resolution Approving the Expansion of the Merced County Regional Enterprise Zone Boundaries within Merced County.

9. Resolution Approving Submittal of a Grant Application to the Department of Homeland Security for the 2011 Assistance to Firefighters Grant to Assist in the Purchase of New Equipment and Training for the Livingston Fire Department.

10. Proposal to Rename Livingston-Cressey Road as North Main Street.

ADJOURNMENT

Then there’s always the

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

Lewis’ retirement is set for Oct. 31. Ramirez plans to hire a new assistant city manager/finance director before she leaves to prevent a loss of institutional knowledge about the city’s finances. Livingston officials review finances, Fri, Aug. 26, 2011, Mike North, Merced Sun Star

My chem prof decided one day to show us the amount of explosive energy found in different gases, namely oxygen and hydrogen. I’ve never seen a fireball that big inside of a building. This is also the professor with a well known reputation for causing the entire chemistry building to have to be evacuated at least once a semester. – comment by Dorcus on “Chemistry Lab List” November 9th, 2008 by skippy

I think science tomfoolery has much of the same appeal as military tomfoolery: the ability for things to go “FOOM!” in a big way makes them more giggleworthy. –MarkHB, ibid.

Once upon a time, way back several posts ago, I commented that what is NOT on a City Council Agenda can be just as “interesting” as what actually makes it ON to a City Council Agenda. A little more on that later. But first..another peek into Delta Bravo Sierra Land.

Uh-Oh! Busted!………… Where is this going? Guess you’ll just have to keep checking into Delta Bravo Sierra Land yourself to find out.

There’s Strange..and then there’s Army Strange: courtesy of Damon Shackelford: furious scribbler of military cartoons. {He’s on Facebook too! }

Community Garden Meeting September 24th, 2011

This has been a project a long time in coming, with more than it’s fair share of “fits and starts”. (OK…maybe for “fits” than “starts”, but at least somebody is still working to keep this dream alive.

On September 16th, a small group of dedicated gardening enthusiasts gathered at the City Hall council chambers to begin the planning phase of a Community Gardening Project on a portion of the Walnut Sports Complex. At the meeting, the City Manager discussed the possibility of a company donating much of the drip irrigation equipment, and also stated the City would likely not charge the Committee for water used.

He also talked about his experience with the Community Garden Project in Firebaugh, as well as the possibility of that Firebaugh’s Community Garden Project (with the help of a large grant) evolving into a Co-Op Store and although Firebaugh’s experience and Livingston’s eventual results may differ, there still would be several benefits to having a Community Garden in Livingston.

Mr. Ramirez also talked about the possibility of having Green Waste ground into mulch at individual’s homes, instead having Green Waste brought to the City Yard for drop off and disposal. People would then be able to use this mulch in their own home gardens.

The next meeting of the Community Gardening Project will take place at the actual location on Walnut Sports Complex location on Saturday, September 24th at appx. 9am.

Hamburger Night

Join us for the VFW Hamburger Night, September 29, 2011. Meals will be served from 6-8 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 $1.50 to 3.50 per meal. All proceeds go to help support our community programs.

Breakfast with the VFW

The Livingston/Delhi Veterans of Foreign Wars and Ladies Auxiliary Breakfast will be served on October 30, 2011, at the Livingston Veterans Memorial Hall, located at 1605 7^th Street, in Livingston. Adults can eat for $6.00, and the children under 12 for eat for $4.00. 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.

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.

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..

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.

VOICE OF DEMOCRACY CONTEST

Are you a 9^th through 12^th grade student?

Could you use a scholarship of up to $30,000 from the Veterans of Foreign Wars?

The Voice of Democracy Contest is an Audio Essay contest that gives the students who are enrolled in the 9^th through 12^th grade in a public, private or parochial school, or home study program, (excluding foreign exchange students, students older than 19 years, and former State Voice of Democracy winners) the opportunity to express their opinion in a three to five minute audio (cassette tape or CD) on the theme, ‘Is There Pride In Serving In Our Military?’.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

From the local level the winners will move on to District, State and then National, and there are prizes at each level.

The national first-place winner receives a $30,000 scholarship paid directly to the recipient’s American university, college or vocational/technical school. Other national scholarships range from $1,000- $16,000 and the first-place winner from each (State) VFW Department wins an all-expense-paid trip to Washington, D.C.

Essay and entry forms are due to the Post Commander, Denis Wells, no later than November 1, 2011.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or at www.vfw.org.

PATRIOT’S PEN CONTEST

The Patriot’s Pen Essay contest gives students who are enrolled in the 6^th, 7^th and 8^th grades, in public, private, parochial school or home study program, the opportunity to express their opinion in a written essay of 300 to 400 words, on the patriotic theme ‘Are You Proud of Your Country?”.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

From the local level the winners will move on to District, State and then National, and prizes are awarded at all levels.

Annually, roughly 112,000, students from grades 6-8, enter to win one of several savings bonds totaling $1.2 million, as well as an all-expense-paid trip to Washington, D.C. for the National first place winner.

Essay and entry forms are due to the Post Commander, Denis Wells, no later than November 1, 2011.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or on line at www.vfw.org.

NATIONAL YOUNG AMERICAN CREATIVE PATRIOTIC ART CONTEST

Attention 9^th through 12^th grade students!

The Ladies Auxiliary to the Veterans of Foreign Wars is the sponsoring the National Young American Creative Patriotic Art Contest.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

The winning artwork will be eligible for State competition, and from there, to the National competition, where the winning artists can receive scholarships of up to $10,000.

Entries are due by March 1, 2012. Students must have crafted their entries during the 2011-2012 school year – and this must be verified by a teacher’s signature on each entry form. If a student used the U.S. Flag in his or her work, the flag’s depiction must conform to the Flag Code.

Partial contest rules: Artwork must be on paper or canvas and must be 8 inches by 10 inches to 48 by 24 inches, not including mats. Watercolor, pencil, pastel, charcoal, tempera, crayon, acrylic, pen-and-ink or oil may be used. Digital art may be used, but must be on paper or canvas; no computer discs will be accepted. Do not frame entries. Submit canvas entries on stretcher frames. Other entries must be matted on white. Do not use color mats. In matting, use heavy paper to reinforce the back. Mounted and floating mats may also be used.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or on line at www.lavfw.org.

Donita "Sue" Wells
Ladies Auxiliary VFW 8327-13
Secretary Treasurer
1159 2nd Street — Livingston CA 95334-1204
(209) 394-2059 — Cell (209) 648-4668
Fax (209) 394-9199 — Email denisue@gvni.com

A Few Weeks Back, We Discussed The Case of Livingston High School Science Teacher

and saw that experimenting with “things that go BOOM!!!” is/was not limited just to lil ole Livingston. In fact, seems experimenting with “explosives” and “blowing things up” happens in classrooms the world over..

Well..the case (and the debate over the facts of the case) is still ongoing, with some condemning and others in support of the teacher in question.

You guys defending her are idiots. She showed them how to inhale chloroform. What’s the excuse for that? To experiment? To be hands on? Yeah that’s the way to teach children by getting them high. She ruined my senior walk out with that nitroglycerin. She deserves jail. – heyyo23 Livingston chemistry teacher’s hearing moved, Merced Sun Star

@heyyo23: Graduating from livingston high makes you an idiot. I’m glad I am no longer at that school. She did not show us how to inhale chloroform at all. Anybody who watches tv or isnt living under a rock has access to the information on it. As children we arnt taught a number of things directly from a person, but life has a way of doing that. I know the kids who supposibly got high and can say for a fact they have better grades than you, someone who is so concerned about a pathetic walk out ralley that sucks anyways even on a regular year. High school is a grain of sand in the dessert of the universe, you’ll get over the walk out rally if you have any life at all. This incident ruined her carrer her life and the lives of theose that knew and cared about her………OMG, it is my expectation that as a student I get a teacher like her so I can actually learn and better myself. I had her for two years and she is the reason I’m going to college. If you want to get into endangering student lives just walk around the LHS campus or any school. You don’t even know. – Desk 12 – Ibid

While we are waiting for the final outcome, lets take a look at a few more examples of Scientific Tomfoolery in the Classroom

This on is simply entitled BOOM!

Next, we have Methane Balloon II

And firecracker in class – fa sho(slo)

And Chemistry Class- Explosion

And Finally, you just might enjoy this demonstration of Liquid Nitrogen and Fire! 

As we wrap this installment up, at least for the moment, I’ll let Desk12 have the final word

My favorite teacher and second mother. She took a kid and turned them into a student. F’s into A’s, defeat into motivation, hatred into love, etc.. I was the kid who ditched every week at least once, the kid who other teachers had no hope for, the kid who’s parents didn’t care if you got A’s or F’s. I knew I had potential but I also knew I had nobody to who cared to see me prove it. Mrs. Huhndorf had me in her regular chemistry class where I excelled, I had 103% at one time. I saw teachers in a new light because Mrs. Huhndorf never spoke the "you’ll never" she only knew the "you can". She gave me the motivation I needed to put work into school, she showed me that someone cared. I switched from regular classes my junior year to AP classes half way through the year. I did great. My senior year I took on AP U.S. Government, AP Literature, and AP Chemisrty. I hated AP Chemistry. It was the only class I couldn’t grasp right away. I cried over the class a few times. Mrs. Huhndorf was always willing to stay after school and help me and many others get a better feel of the concepts we learned that day and even days/weeks ago. Her doors were open to all students. AP Chemistry turned out to be my favorite class, and still is to this day. I can say without a doubt that the reason I’m pursuing higher education is because the woman this article is about. She attended my scholarship awards night when neither parent wanted to go, she helped me work on scholarship applications when nobody else would, she showed me that it’s ok to be selfless. I’m a better student as well as overall person and I owe Mrs. Huhndorf more than I could ever repay. I was devastated when I found out that she would not be attending my graduation ceremony. I was devastated when I knew she would not read my final labratory write up or see my final project. I was devastated that the year would end and I would be the orphan walking across the feild on graduation night. She may only be a beefed up news article to some people but to me she is truely a significant part of my life. This will not change no matter what the verdict turns out. If you took the time to read this thank you.

@heyyo23: Graduating from livingston high makes you an idiot. I’m glad I am no longer at that school. She did not show us how to inhale chloroform at all. Anybody who watches tv or isnt living under a rock has access to the information on it. As children we arnt taught a number of things directly from a person, but life has a way of doing that. I know the kids who supposibly got high and can say for a fact they have better grades than you, someone who is so concerned about a pathetic walk out ralley that sucks anyways even on a regular year. High school is a grain of sand in the dessert of the universe, you’ll get over the walk out rally if you have any life at all. This incident ruined her carrer her life and the lives of theose that knew and cared about her.

Unless you or your kid was directly involved, stop talking outta your butt– Desk 12: Livingston chemistry teacher’s hearing moved 

If You Know Anything About How Livingston’s City Council Agendas Gets Put Together

You know that it only takes 1 Mayor, or 2 Council Persons to ensure that any Item they want heard and discussed in Open Session, gets onto the Agenda – if they really wish to do so “in public”.

And you also know there are at least a couple of people on the Council who have had a consistent pattern of demanding that just about anything and everything having to do with “contracting” and “hiring” and “recruiting” go before them first to be considered in “in public” and approved In Open Session..

At least its been that way for the last couple of years or so..

Now…. “Council Guidance” on finding a new Police Chief is on the Agenda for this Coming Tuesday.

But there’s nothing on the Agenda about “Council Guidance” on finding a new Finance Director.

Our current Finance Director is retiring at the end of October. Right?

And that’s only a Couple Council Meetings away. Right?

And the new City Manager was hired in, what, June?

Soooooo….How come there is something about hiring a new Police chief but nothing on this Current Agenda About Recruitment of a new Finance Director?

Am I missing something?

And Now, on to the City Council Agenda -  which got changed at the last minute by the Closed Session being canceled a bare 24 hours before it was scheduled to take place and was replaced by a Special City Council Meeting instead, so instead of just a Regular City Council Meeting only we have BOTH a Regular AND a Special City Council Meeting taking place on the same day.

Are you confused yet?

And no, the “Conference with Labor Negotiator about the discussions with All Represented and Unrepresented City Employees” wasn’t dumped to make room for a Presentation/Discussion about the TCP Settlement. Looks more like it was dumped to make room for a discussion about San Joaquin Valley Air Pollution Control District Public Benefit Grant Program Funds.

Which means the Conference with Labor Negotiator is pushed off until October? Delaying the adoption of the 2011-2012 budget even further?

Proposed Budget is up on the City Website I hear…will everyone on the Council feel they have “enough time” to read it before it finally hits an Agenda? or will there be multiple requests for more time…

Just wonderin…..

CITY COUNCIL REGULAR MEETING AGENDA

SEPTEMBER 20, 2011

SPECIAL MEETING: 6:30 P.M.

REGULAR MEETING: 7:00 P.M.

Notice is hereby given that the City Council will hold a Regular Meeting on September 20, 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 24 hours prior to the meeting shall be made available for public inspection at Livingston City Hall, 1416 C Street. The Special Meeting will be held in accordance with state law prior to the Open Session beginning at 6:30 p.m. The agenda shall be as follows:

Special Meeting

1. Call to Order.

2. Roll Call.

CITIZEN COMMENTS

This section of the Special Meeting agenda allows members of the public to address the City Council on any item 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, the City Council is prohibited from taking action on any item not on the agenda.

Please note that under California Government Code section 54954.3(a) (The Brown Act), Special Meeting agendas need only provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the meeting agenda before or during consideration of the item. The public will have an opportunity to comment on matters not on the agenda at regularly scheduled City Council Meetings.

DISCUSSION AND POTENTIAL ACTION ITEMS

3. Resolution Authorizing the Application and Acceptance of San Joaquin Valley Air Pollution Control District Public Benefit Grant Program Funds

ADJOURNMENT

** PLEASE NOTE THAT THE CITY COUNCIL’S AGENDIZED 6:30 P.M. CLOSED SESSION HAS BEEN CANCELLED. THE CITY COUNCIL WILL HOLD THIS SPECIAL MEETING IN ITS PLACE.

CITY COUNCIL REGULAR MEETING AGENDA
SEPTEMBER 20, 2011

CLOSED SESSION: 6:30 P.M.

OPEN SESSION: 7:00 P.M.

Notice is hereby given that the City Council will hold a Regular Meeting on September 20, 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 6:30 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 he 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 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: 2011-60

Next Ordinance Number: 596

Pledge of Allegiance.

Roll Call.

Closed Session Announcements

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1 . Jeremy Hofer, Fresno Community Development Financial Institution, Opportunities for Small Business Financing.

2. Guadalupe Valdes, Area Specialist, Rural Development, USDA, Single Family Housing Repair Loans/Grants.

3. Bryce Dias, Project Associate, Great Valley Center, Livingston’s Greenhouse Gas Emissions Inventory of Local Government Operations.

GRANT ANNOUNCEMENTS

4. 2011 COPS Secure Our Schools Grant Award.

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

5. Resolution Approving the Proposed Street Name Changes to Livingston-Cressey Road and Lincoln Boulevard and Authorizing the City Engineer to File a Notice of Correction of the Final Maps with the Merced County Recorder’s Office.

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.

6. Resolution Awarding Construction Contract to Lawrence Backhoe Service, Atwater, CA, for the Replacement of Water Valves on Peach Avenue and Authorizing the City Manager to Execute a Construction Contract and Any Change Orders Thereto with Lawrence Backhoe Service.

7. Approval of Minutes of Meeting Held on September 6, 2011.

8. Approval of Warrant Register Dated September 14, 2011.

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Resolution Approving Providing Workers’ Compensation Coverage for Certain City Volunteers.

10. Resolution Amending Livingston Park and Field Rules Concerning Dogs in City Parks.

11. Resolution Approving a Conceptual Park Design for the Little Guys and Gals Field and Authorizing the Parks and Recreation Commission to Begin Fundraising Activities.

12. Provide Staff Direction on the Recruitment of a Police Chief.

13. Shortel Telecommunication Service Contract with KTS Services of Northern California, Inc.

ADJOURNMENT

Then there’s always the

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