“Broken” Wells, State Mandates, A Contract Public Works Director, A Council Member Resigns, And a Brief Summary of APRIL, 2015

If the city loses one of its existing wells, Samra said, it would have to implement severe conservation efforts, such as restricting residents from watering their lawns or asking Foster Farms to alter its production   Ramona Giwargis – Merced Sun Star, September 16, 2013 – Livingston gets water project grant amid struggle to pass balanced budget

On April 3, 2015, Well #14 experienced a sudden and unexpected failure…. At the time that Well #14 failed, Well Nos. 9 and No. 11B were still out of service due to the large quantities of sand they produce. – Excerpted from the Staff Report: Resolution Approving a Memorandum of Understanding with Foster Farms to Repair the Submersible Pump at Well #14 and Making Findings Explaining Why Public Bidding is Not Required for this Project.

With new measurements showing the state’s mountain snowpack at a record low, officials said California’s drought is entering uncharted territory and certain to extend into a fourth straight year. As a result, Brown issued sweeping new directives to reduce water consumption by state residents, including a mandatory 25 percent cut in urban water use – California governor issues mandatory water cuts as snowpack hits record low – The Merced Sun Star – April 01, 2015

The issue that we have is that because of the 4th of July Festival, all the streets around the Livingston Pentecost Club’s buildings are completely blocked. We don’t have much access to and from the buildings and its causing us a lot of problems. Eldini DeJesus – President – Portuguese Pentecost Association – May 05, 2015 City Council Meeting. appx 8:20 minutes into the meeting.

TIMELINE OF SIGNIFICANT EVENTS OF APRIL

  • April 01, 2015: Well #9 & 11B still not operational pending the installation of Sand Separators.

  • April 03: Motor on Well #14 Fails – now 3 wells are offline at the same time.

  • April 07, 2015: Regular City Council Meeting Canceled for lac of Agenda Items.

  • April 14, 2015: Special City Council Meeting – Memorandum of Understanding with Foster Farms for repairs to Well #14.

  • April 14, Planning Commission Meeting

  • April 21, 2015: Regular City Council Meeting.

    • City considers installation of Solar Farm at the Old Industrial WasteWater Treatment Plant.

    • Council approves contract for a Contract Public Works Director

    • Council discusses, but does not adopt an Emergency Drought Declaration

    • Council approves purchase of Body Worn Camera System for the Police Department.

  • April 30, 2015: Council Member David Mendoza submits resignation from the Council 

LIVINGSTON, CA 06/12/2015

Livingston 4th of July 2015THE 4TH OF JULY FESTIVAL WILL BE MOVING to the MAX FOSTER SPORTS COMPLEX this year. According to Julio Valedez, the move would place the event entirely on City Property: with more space for Event Activities and Parking. Everyone would be welcome to bring lawn chairs and Umbrella Shades: just like a day out at the beach. There are also plans for a Shuttle to run between Memorial Park and the Sports Complex: for those who cannot or would rather not drive over.

The move will certainly make some members of the Portuguese Pentecost Association very happy.  At the May 5th City Council Meeting, Association President Eldini DeJesus, accompanied by some committee members and directors went before the City Council: stating that Street Closures on behalf of the July 4th Celebration interfered with the Portuguese Pentecost Celebration and Parade.

Moving the July 4th Celebration across town should resolve any conflicts between the two events.

THE REGULAR MEETING for April 07, 2015 was canceled due to lack of agenda items. However, just one week later, at an April 14, 2015 Special City Council Meeting, the Council approved a Resolution Approving a Memorandum of Understanding with Foster Farms to Repair the Submersible Pump at Well #14 and Making Findings Explaining Why Public Bidding is Not Required for this Project.

Well-Locations-with-Local-Landmarks6

According to the Staff Report,

On April 3, 2015, Well #14 experienced a sudden and unexpected failure….  At the time that Well #14 failed, Well Nos. 9 and No. 1lB were still out of service due to the large quantities of sand they produce.

Foster Farms received the City purchased filters to remove sand from Well Nos. 9 and 11B on March 20, 2015, and they were making arrangements to install them when Well #14 failed. Foster Farms installed the filters on Well Nos. 9 and 1 lB on April 4th and those two wells are now back in operation….Foster Farms wants to restore the water system’s redundancy as soon as possible to avoid any disruptions to their production.

Foster Farms would like to purchase and install a new submersible pump at Well #14. Foster Farms is the largest water user in the City and benefits from having a reliable supply. Thus, Foster Farms is not asking to be reimbursed for these repairs.

During the meeting, the City Engineer stated that it was Foster Farms who had approached the City about doing the repairs, and that Foster Farms had already had to shut down because of a well being down.

Mayor Pro Temp Samra said that this was was Health and Safety Issue. Mayor Espinoza stated a lot of wells in the area were going down because of the drought.

April 14, 2014

PLANNING COMMISSION MEETING

On the Agenda

  • Appointing a new Chair and Vice Chair

  • Substituting Rosenberg’s Rules of Order for Robert’s Rules of Order

Because Commissioners Mendoza and Castellanos were absent, the Commission decided to postpone the appointment of a permanent Chair and Vice Chair.

It was reported by the Contract Planner that he was working with Carlos Vierra. Mr. Vierra is interested in moving his  Boxing Studio, currently located at 444 Main Street to a new building to be built at the corner of 2nd & B St.

APRIL 21, 2015

REGULAR CITY COUNCIL MEETING

CLOSED SESSION Items included

  • 1 case of Potential Litigation [(Government Code Section 54956.9(d)(2)]

  • Another Conference with Labor Negotiator regarding All Represented and Non-Represented City Employees


Regular Meeting

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS


Ceremonial:


1. Color Guard by Livingston Police Explorer Post 518.


Invocation by Police Chaplain Mike Outten.

Introduction and Affirmation of Oath of Office and Re-pinning of Badges for Police Officer Taylor Kollmann and Reserve Police Officer Enrique Villalobos by Police Chief Ruben Chavez.

2. Presentation by Dennis Mueller (VP/CTO) of American Solar Utility on the following: – Livingston City Energy Assessment status. – Solar project Aggregate Net-Metering options with both PG&E and MID. – Solar project Land Options. – Solar project Power Purchase Agreement – Options between ASU and Livingston. – Energy Efficiency technologies (lighting, etc.) with near and long-term options. – Next steps and schedule.

In late December, 2014, the City Council gave the approval to do an Energy Audit and to look for possible places to build a Solar Farm.

During the Presentation, one of the Suggestions was to locate the Solar Farm at the old Industrial WasteWater Treatment Plant site which is being decommissioned by Foster Farms: as the Permitting Process would be easier.

But there’s a slight hitch…even though Foster Farms brought it’s own Industrial Waste Water Treatment Plant online in December 2010, it may be a while yet before the site of the Old Plant is completely decommissioned and ready for other uses. According to a Clean Up and Abatement Order issued by the Californial Water Board on July 21, 2012 for the Old Industrial Wastewater Treatment Facility: Foster Farms was instructed to

Pond Remediation Schedule


According to the Schedule Above, the last of the ponds will not be cleaned up until of the end of 2017. However, Mr. Mueller indicated that he ought to be able to negotiate with Foster Farms and help the process move along just a little bit faster.

There was also a discussion about whether the City should enter into a Power Purchase Agreement, or buy the System outright: with the City Attorney stating he had experience negotiating Power Purchase Agreements and could evaluate all the City’s Options.

PUBLIC HEARINGS


3. Resolution Adopting the Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan. 

According to the Staff Report, an ADA Self-Evaluation was a requirement of Caltrans. If this Self-Evaluation and Transition Plan was not done, the City “would not be able to request funding authorization on any transportation projects funded by the Federal Highways Administration.

Deficiencies turned up by this Evaluation would be addressed as funds become available. Although the City does not currently have enough money to correct everything listed in the Engineer’s Report, there may some money coming for these projects at a later date.


CONSENT CALENDAR


4. City Council Authorize the Purchase and Installation of Memorial Marker for the Late City of Livingston Planning Commissioner Michael Anthony Silva.

This item was pulled from the Consent Calendar for a separate discussion. During the discussion, Warren Urnberg, (a current planning commissioner) suggested that instead of a plaque dedicated to just one person, the council commission a plaque that could accommodate the names of those who have served the City over the years: particularly those who have already passed away.

Mayor Espinoza replied that the Council had taken some heat for naming a street after Karina Lau, and he thought Mr. Silva was deserving of a Memorial Plaque.

5. City Council Authorization for the Purchase of One New Police Vehicle. 

A 2014 Ford Explorer Police Vehicle. Funds to come from:

  • 20% Abandoned Vehicle Abatement Program

  • 40% Seizure Funds

  • 40% Community Development Fund

6. Approval of Warrant Register Dated April 2, 2015.

7. Approval of Warrant Register Dated April 16, 2015.

CONSENT CALENDAR – CITY COUNCIL/SUCCESSOR AGENCY


8. Adoption of Two Resolutions Approving a Four (4) Year Loan Repayment Agreement Between the City of Livingston and the Successor Agency to the Redevelopment Agency. 

Once upon a time, The General Fund loaned a whole bunch of money to the Livingston Redevelopment Agency with the intent that it would be paid back over time.

When the State decided to get rid of Redevelopment Agencies, the Livingston Redevelopment Agency still owed the General Fund $700,000. But, eventually, the State said “nope” to the Redevelopment Agency’s transfer of $700,000 to the General Fund and demanded the money be transferred from the General Fund to the Successor Agency.

The City ended up going to court about it: claiming there had been a valid loan between the General Fund and the Redevelopment Agency. But the Court ruled that Livingston did not have enough valid documentation to prove it really was a loan.

BUT, because of the City’s financial situation, if it had to cough up $700,000 all in one lump sum, it would put the City in the position of not having enough cash on hand to respond to any emergency that might crop up.


DISCUSSION AND POTENTIAL ACTION ITEMS


9. City Council Direction on Appointment of Parks and Recreation Commission Members. 

There were no new letters of interest submitted since the last time the Council took up this issue in March. Mayor Pro Temp Samra stated the council was doing everything it could to get people to serve on the Commission. Mayor Espinoza suggested the duties of the Parks and Recreation Commission be assigned to the Planning Commission.


10. Resolution Establishing Designated Level I Reserve Police Officers. Which would extend “police officer authority” 24/7 allow these Reserve Officers to carry a Concealed Weapon without having to go through the process of obtaining a Concealed Carry Weapons Permit.

11. Resolution Approving a One (1) Year Professional Services Agreement with Mountain Valley Environmental Services and Authorizing the Interim City Manager to Execute Agreement.

It has been nearly a year and a half since the City had a Public Works Director. Although the City went out with 4 recruitment tries, According to the Acting City Manager, Odilion Ortiz, Livingston’s location and the salary being offered has made it a challenge to fill the position: candidates that have been interviewed were interested in making a little more than Livingston was offering.

Per this contract, the City will now have a Contract Public Works Director for 4 days a week for up to 25 hours per week.

12. Resolution Proclaiming a Local Drought Emergency and Implementing Mandatory Water Use Restrictions and Rescinding Resolution 2014-1.

The City Attorney recommended continuing this item until the next meeting to allow staff time to finish drafting an Ordinance.

I asked a question about the State’s Mandate of a 25% reduction in water usage: How could the City as a whole reduce water usage by 25%, when over 60% of Livingston’s Water goes to just one user.

The reply was that Industry will have to do it’s part. There had been some recent contact with Foster Farms and they are working on the problem.

13. City Council Authorization for the Purchase and Implementation of a Body Worn Camera System and Replacement of In-Car Video System. 

Mayor Pro Temp Samra stated that it was a good idea. Mayor Espinoza commented that, with the cameras, citizens know they are being recorded and that there had been calls that someone was harassing them.

14. Resolution Approving a Deed Restriction for Parcels Designated with Assessor Parcel Numbers 022-050-027, 022-050-008, and 022-050-006 (collectively known as the Joseph Gallo Park) Pursuant to the Requirements of the Roberti-Z’berg-Harris Nonurbanized Area Need-Basis Grant Program for the Joseph Gallo Park Improvements Project. 

Simply put, this is a promise by the City that it will continue to use the Park as a Park and not sell the Grant Funded Improvements to anyone else for at least 16 years or so

Joseph Gallo Park Grant 

ADJOURNMENT

In my next post, we will continue with brief Summary of What Happened In May, such as:
 

You might also be interested in the following articles from the Merced Sun Star: Let me know if the links don’t work

More water restrictions likely in Merced County communities  – BY ROB PARSONS – 04/03/2015 – The Merced Sun Star – Further water restrictions are already in the works for Merced County residents ahead of the order earlier this week from Gov. Jerry Brown to cut back water use in cities and counties by 25 percent.

Drought expands across large section of nation’s crop region – THE ASSOCIATED PRESS – 04/06/2015 – The Merced Sun  – DES MOINES, IOWA —Drought conditions are expanding across a large section of the U.S., from California to the Great Plains. –The National Drought Mitigation Center at the University of Nebraska says the area covered by moderate drought or worse expanded by nearly five percentage points to 36.8 percent during March. –The drought monitor shows dry conditions broadened in the Midwest with 22 percent of the U.S. corn production area and 18 percent of the soybean area in some degree of drought. That’s up sharply from early March when just 6 percent of the corn growing area and 5 percent of the soybean region were in drought conditions. –Dryness worsened during March in Colorado, Kansas, Minnesota, Nebraska, North Dakota, South Dakota and Wisconsin. –Two-thirds of California is in extreme to exceptional drought.

Livingston Kite Festival Photo Gallary – The Merced Sun Star

High-flying fun in Livingston – 04/17/2015 – The Merced Sun Star – Livingston’s fourth annual Kite Festival was another big hit with families, with more than 5,000 kite enthusiasts and their supporters coming from as far away as Sacramento and the Bay Area, according to event organizers….  The family-friendly, free event was hosted by the Knights of Columbus at Livingston Middle School. The Kite Festival kicked off the Week of the Young Child, a nationwide observance meant to bring attention to the development of children and the needs of their families that ends today.

Livingston council considers new water rules, approves police body cameras – 04/22/2015 – By Ramona Giwargis – The Merced Sun Star –Livingston has trimmed its water consumption by 18 percent compared to 2013, but city leaders are considering scaling back even further.—The City Council on Tuesday considered a resolution that would reduce outdoor watering from three days per week to two, ban washing cars and prohibit irrigating outdoors within 48 hours of a storm.—It would also restrict excessive water runoff onto the pavement or sidewalks and require property owners to fix water leaks.—The council did not pass the resolution Tuesday, instead voting 3-0 to bring it back with a few changes. Councilmen Arturo Sicairos and David Mendoza were absent Tuesday.

A Game of Chicken – USDA REPEATEDLY BLINKED WHEN FACING SALMONELLA OUTBREAKS INVOLVING FOSTER FARMS – Story by LYNNE TERRY  – Oregonlive.com – 05/01/2015 – Over the course of a decade, hundreds of people from Eugene to Baker City to Portland and Seattle were struck by bouts of food poisoning so severe they fled to their doctors or emergency rooms for treatment. – They had no idea what made them sick. But federal regulators did. – Oregon and Washington public health officials repeatedly told the U.S. Department of Agriculture they had linked salmonella outbreaks in 2004, 2009 and 2012 to Foster Farms chicken.

Mendoza expected to resign from Livingston City Council – By Rob Parsons– 05/04/2015 – David Mendoza is expected to resign Tuesday from the Livingston City Council, according to the council’s agenda posted Monday….(Council Member) Samra … said he would be willing to consider the possibility of allowing Mendoza to step away from the council temporarily with the idea that he would return at a later date….Mendoza was elected to the council in 2012, along with Councilmen Jim Soria and Arturo Sicairos. 

You can find even more Livingston History if you CLICK HERE

  •  

Fireworks Booths and Council Picks, Flushing Away the Brown Water, A Water System Update, and a Brief Look at March, 2015

Livingston, CA – 04/22/2015

If it’s yellow, let it mellow. If it’s brown, flush it down. – A little ditty I remember from the last time California had a major drought.

(RE SAND FILTERING EQUIPMENT wells 9 & 11) As you know, we purchased equipment, sand filtering equipment, that should be here later this month. We also met with Foster Farms. The and Foster Farms will be working together. Foster Farms actually offered to install those for the City So that will be a win-win: saves time. So we don’t have to go through all the bidding things and all of that. Livington City Engineer, March 03, City Council Meeting, appx 13:03

(Re: CITY MANAGER RECRUITMENT) The recruitment firm that is helping us now is Avery and Associates, who also helped us the last time around with the Recruitment. They are preparing the ad that…they’re showing us different drafts to post on their website and on different publications…The goal is to have the filing deadline close April 24th. Livingston City Attorney, March o3, City Council Meeting, appx 21:13

(RE: Well #15 and REIMBURSEMENT AGREEMENT WITH GALLO) That is currently being negotiated. We’re working with representatives from Gallo. I think we/re doing a good job on compromising on some issues. As far as timeline, I don’t have an exact date that it will go to the Planning Commission. But I know its around the corner because their eager to get moving as well with some of their developments. .Livingston City Attorney, March 03, City Council Meeting, appx 22:06 

(RE: HYDRANT FLUSHING TO RESOLVE BROWN WATER PROBLEMS) I just want to make a comment about the brown water. I think there’s issues but I think that we have to go back to the hydrant flushing because we still have a system that needs to be flushed: the ends in the system. —–We have to, I think, direct the City Manager to again to make some time with employees so we can do a rotating around town, especially in the areas where water sits longer and the brown stuff accumulates and I think that’s where it needs to be flushed more often so that we don’t get the brown water.—–It always was a problem and I think we used to do it in the past. In the past I addressed it to the City Manager. But now I’m gonna stress again to out current Interim that we need to devise a plan. —–With a plan I think a couple times a month to do a rotating flushing of the hydrants. Especially on the West side of the city is worst.—–Stuff close to Foster Farms, inside the City, Foster Farms pulls a lot of water so its cleaner.—–But on the West side, there’s more standing water and people get more dirty water, or brown water. —–So I think as long as we rotate the flushing, people will get cleaner water. So we’ll work on that. Mayor Espinoza, March 03, City Council Meeting, appx. 31:10

(RE: HOW THE JULY 4TH COMMITTEE SHOULD JOIN THE RECREATION COMMISSION) I just think that as Recreation they can work on any projects. Especially right now that the 4th of July needs a lot of help. They can always focus on helping the 4th of July. so I think I’ll try to get some more people on here and to encourage people from all over the Community and I’m challenging our Council members as well. Hopefully 30 days will be good. Mayor Espinoza, March 03, City Council Meeting. Appx 1:02:02

 

Page 1As part of the settlement agreement with California River Watch, on March 31, 2015, the City held a workshop about the state of our Water System, and what the City is doing to address our Water Quality Issues. Although the purpose of the workshop was to address issues specific to Livingston, the discussion often drifted into other areas: such as the recent controversy over Water Transfers out of Merced County and the “insanity of wells going in everywhere”.

Page 6Those of us who have lived here a while, and are paying attention, know that Livingston has had it’s abundance of WATER SYSTEM CHALLENGES for years: complaints about Dirty, Smelly, brown water being one of them.

At the March 03 City Council Meeting, in response to a Residents Comments about BROWN WATER, the Mayor made a lengthy statement about how we needed to get back to Flushing The System on a Regular Basis.

Now, those of you who have lived here a while already know that LIVINGSTON’S BROWN WATER PROBLEM is a topic that has come up Over, and Over and Over Again for years. The records I have so far show complaints about Dirty, Smelly Water go back to as early as 2006 and the City has had a history of paying residents claims for damages to clothing caused by the “dirty, brown water”

And how the “Usual Remedy” is to “flush the system”: opening up a hydrant and letting the water run, and run, and run, and run, until it is no longer “brown”.

If its clear, drink it dear. If its Brown, flush it down…… the Street.

Here’s a brief history taken from just a few examples from City Council Meeting Minutes

March 18, 2014: City Manager Ramirez Thanked Paul Avila, Battalion Chief, CAL FIRE, who is working very closely with the City Engineer on implementing a fire hydrant flushing program and exercising of valves. He said they will be assisting the City with fire hydrant flushing throughout the year because the City has been having issues with red water. They have divided the City into quadrants for hydrant flushing due to manpower.

In MARCH 18, 2014, there was a Presentation by Paul Avila, Battalion Chief, CAL FIRE – Fire Hydrant Flushing Program.

Mr. Lou gave a presentation about the flushing program, the City water system and the purpose of the program. CAL FIRE is assisting public water agencies by implementing this program.

Which would

· Maintain safe and reliable drinking water for the community

and

· Address customer complaints

via the

Implementation of regular maintenance of the system

and that the

Program will use conventional flushing

1) System wide flushing

2) Spot flushing for specific cases

3) City will target dead-end sections of the system to ensure proper recirculation of any stagnant water within the pipes.

· Flushing Plan

– Systematic flushing of the entire water system once per year of the four zones

– Flushing duration shall last 5-10 minutes

– Flushing shall occur during non-peak hours, 8:00 a.m. to 4:00 p.m.

In addition

Mario Gouveia, City Engineer said his office works in conjunction with the Fire Department and the Fire Department has the lead on this program with the support of Public Works.

In APRIL 15, 2014, Mayor Espinoza advised community residents that if they are having problems with brown water to let the water run and then call City Hall to have someone come out to flush the system.

The City Manager (Jose) Ramirez said the City has different types of pipes throughout town and two-thirds of the pipes have been addressed and the other third is being looked at in the hopes of finding some type of funding. The City Engineer came up with a map to divide the City into quadrants to make it easier for the Fire Department that is helping with the fire hydrant flushing program.

At the JUNE 03, 2014 City Council Meeting   there was a Presentation by Larry Bergman, Fire Captain, Merced County Fire/Cal Fire: Fire Hydrant Flushing Program. – Captain Bergman gave a presentation discussing Merced County Fire/Cal Fire’s efforts in flushing-out the City’s fire hydrants. Captain Bergman explained that this process has started off smoothly and that he expects to complete this project in approximately 3 weeks. City Manager Ramirez stated this program was organized by a team of professional engineers who are primarily concerned with the performance of the fire hydrants. In particular, they are looking at elements like water pressure, valve access, and things of that nature.

So…it seems the City is committed to its “flushing” program as a means of “cleaning out” the brown water. But with the States recent mandate for Water Providers to cut consumption by at least 25%, just how long will Livingston be able to just “flush” it’s brown water troubles away”?

Now..a brief look at some of the Agenda items covered during the MARCH City Council Meetings. As of the date of this posting, written minutes have yet to be prepared. However, if you would like to view an archived video of the meeting, you can do so by CLICKING HERE. You can also go to City Hall and request a Copy of the Meeting Videos.

The MARCH 3, 2015 CLOSED SESSION included

  • 1 Case of Potential Litigation

  • Continued Labor Negotiations with All Represented and Unrepresented City Employees

  • Continued Discussion of City Manager Recruitment

During OPEN SESSION on MARCH 3:

1. The Resolution Approving the Sun Valley Estates Site Plan/Design Review (2015-1) Located Southwest of the Intersection of Peach Avenue and Main Street. Was Approved.

There was a question about whether or not Livingston had adequate water for additional housing. In response Mayor Espinoza mentioned about Fersenius having gone out of business and the City Engineer stated “That’s another “cush” that the city didn’t take into account” (when the “will serve” letter for the project was issued)


CONSENT CALENDAR


2. The Minutes of Meeting Held on December 22, 2014. Was approved

3. The Minutes of Meeting Held on January 6, 2015. Was approved

4. The Minutes of Meeting Held on January 20, 2015. Was Approved

5. The Warrant Register Dated February 26, 2015 Was Approved.


DISCUSSION AND POTENTIAL ACTION ITEMS


6. The City Council discussed Appointments to the Parks and Recreation Commission. During the Discussion, the Recreation Director explained that as of the deadline, only 3 people had applied. Although there is interest by members of the community to work on specific neighborhood related projects, there doesn’t seem that much interest in being on the Recreation Commission itself. It was decided to advertise for another 30 days in hopes of rounding up a few more applicants and the Mayor stated that members of the City Council should start asking people to apply.

7. The Resolutions Required by the State Water Resources Control Board as Part of the DWSRF Application. Were Approved


8. A Resolution Awarding the Wastewater Treatment Plant SCADA System Upgrade and Integration Project to Tesco Controls. Was Approved.


ADJOURNMENT

The MARCH 17, 2015 CLOSED SESSION Included discussions about:

  • 1 Case of Potential Litigation

  • Continued Labor Negotiations with All Represented and Unrepresented City Employees

ANNOUNCEMENTS AND REPORTS

CITIZEN COMMENTS

During the OPEN SESSION of MARCH 17, 2015:


CONSENT CALENDAR

1. Approval of Warrant Register Dated March 12, 2015. Was approved.


DISCUSSION AND POTENTIAL ACTION ITEMS


2. The Resolution Accepting Completion of the Joseph Gallo Park Improvements and Authorizing the City Clerk to Record a Notice of Completion with Merced County was approved.

3. The Resolution Accepting Bid for City of Livingston Well #13 Arsenic Removal Treatment from TNT Industrial Contractors, Inc Was Approved. The equipment had already been purchased from Loprest. This item was for the installation. The City is hoping to get either a grant or 0% interest loan from the State to cover the costs. In the meantime, the City will be tapping the TCP Settlement funds until a funding agreement is issued by the State.

4. The Issuance of Permits to Sell Safe and Sane Fireworks took place. As some of you might remember from last year, the City Council rewrote the Fireworks Ordinance in order to have the ability of awarding a FIREWORKS BOOTH PERMIT to up to 2 (two) Non-Profits via “Council Pick”. At the time, it was stated that the motivation for the changes to the ordinance was to allow the Council to “give” a FIREWORKS BOOTS PERMIT to the Livingston Youth Football Organization for two (2) consecutive years.

According to Youth Football Coach and City Council member Jim Soria, he had placed the Item on the January 21, 2014 City Council Agenda: partly in memory of Mike Coronado.  According to Council Member Soria, the recent death of Mike Coronado created a Special Circumstance which justified giving Youth Football priority other non-profit organizations. 

After the Ordinance had been rewritten, and it came time for FIREWORKS BOOTH PERMITS to be “divvied up” in 2014, the Council awarded a Fireworks Booth Permit to the Livingston Youth Football organization and threw all the other applicants into the Lottery. 

This year, “Council Pick” went to Livingston Youth Football for the second year in a row; and to the July 4th Committee. (Who did not join the Recreation Commission BTW).

In regards to the “fairness” of Livingston Youth Football receiving a booth permit two years in a row, Mayor Espinoza stated: I myself personally promised that I would try to help them with my votes because of Michael Coronado. He was a great man. He helped the community and supported the Youth Football. So I say for two years will be able to have the booth. This is sometimes it doesn’t seem fair but the High School had it for a lot of years: they had different programs and it didn’t seem fair to a lot of people that also. I think that to help the youth that Michael Coronado did himself most of his life. So I think they deserve that.


ADJOURNMENT

Fireworks, Politics, Resignations, Recreation, and a Mid Year Budget Review–February, 2015

Livingston, CA – 03/22/2015

So the 4th of July has formally asked they would like to come under the City Umbrella just like the Recreation Commission: to have a sand alone committee of sorts..so that has to be figured out. I know Legal Council will help out. That’s something they would like. One, because they would like to get the full support of the City every year. Excerpted from Comments and Discussion of future agenda items by Former City Manager Jose Antonio Ramirez – January 20 2015 City Council Meeting: beginning about 19:52 minutes in. 

What we’re requesting is that we have the exact support or similar support as the Sweet Potato Festival. I don’t see what the difference is. I would like to see that support. Where, when you go to the Sweet Potato Festival, you see all staff is on hand. Every person from Recreation to Public Works’….so that’s what we’re looking for: the same type of support. Julio Valadez – Chair – July 4th Committee – Ibid.

Julio, I have a comment Since I know that you guys want to come under the City. But I think we already have a Recreation commission. And I think currently we only have 1 or 2 Commissioners on that. If you guys join the Recreation Commission, you guys could take on the Fireworks because the Commission is already-we don’t have to go through the process of doing a new commission. So we need more people on the Commission and the Fireworks would be part of Recreation. Which is part of, you know, you guys could take that on. That’s just an idea. If you guys want to. Mayor Rodrigo Espinoza – Ibid

So why might the July 4th Committee want to come “under the umbrella” of the City? or join the Recreation Commission? More on that a little later, but first.

YOU WOULDN’T KNOW IT BY THE TITLE
on the City’s Website, but there is an important informational meeting about the City’s Water Delivery System this Tuesday.

Water Workshop

As part of the settlement agreement with California River Watch, the City is obligated to provide additional information about the state of our Water System, and what the City is doing to address our Water Quality Issues.

Now..a brief look at some of the Agenda items covered during FEBRURARY’S City Council Meetings. As of the date of this posting, written minutes have yet to be prepared. However, if you would like to view an archived video of the meeting, you can do so by CLICKING HERE. You can also go to City Hall and request a Copy of the Meeting Videos.

The FEBRUARY 3, 2015 CLOSED SESSION included

  • 2 Cases of Potential Litigation

  • Continued discussion about the City Manager Recruitment

  • Another Discussion about Labor Negotiations with All Represented City Employees

During OPEN SESSION on FEBRUARY 3:

1. Mayor Rodrigo Espinoza Presented Key to the City plaques to members of Grupo Musical Los Kinos

2. There was a Report on United Front Security and Patrol Security Company Seeking a Business License.

3. The Minutes of Meeting Held on December 16, 2014 were approved.

4. The Warrant Register Dated January 29, 2015 was approved. Except for one check issued in payment for Radio Advertising for the 4th of July Celebration. Although Interim City Manager Odie Ortiz stated the payment had been “approved by management”, Mayor Espinoza stated he wanted that check “held” until he had more time to talk to the Chairman of the July 4th Committee. (My best guess is “management” meant prior City Manager Jose Ramirez)

5. A Resolution appointing Odilon Ortiz as Interim City Manager was approved.

6. A Resolution Approving the continuation Ruben Chavez for the Position of Police Chief was adopted.

7. The Council filled the Vacant seats on the Livingston Planning Commission after ACCEPTEING THE RESIGNATION of Planning Commission Chair Luis Flores. Mario Mendoza was appointed to finish Flores’ term: which ends in December of this year. Ananan Bath was appointed to the other vacancy: which is a 4 year term.

As Reported in the Merced Sun Star –

 “After Flores resigned, Commissioner Mario Mendoza – who was seeking another term on the commission – was appointed to finish Flores’ term. Newcomer Adanan Bath was appointed to the other vacancy.

Bath last year pulled filing papers to challenge Samra in his re-election bid in November. Bath ended up not running against Samra.

Mendoza, however, did challenge Samra but lost by about 300 votes.”

This means the person who “changed his mind” about challenging  Samra for office was appointed to a 4 year term on the Planning Commission.  The person who didn’t drop out of the race was given what was left over of Mr. Flores’ term.

8. The Council Accepted and Authorized the Temporary Outsourcing of City’s Street Sweeping Services to Gilton Solid Waste. According to the Mayor, this needed to be done because the engine on the Street Sweeper was “blown”.

9. The Council Discussed  Changes to the DTC Zone. There are Residential Homes located in the Downtown Commercial Zone. That means those homes are “non conforming uses” which has created a whole host of problems for those people who want to keep their house as a “house” and not convert it into a “business”.

There was discussion about how there would need to be some planning work involved in “fixing” the problem while at the same time avoiding “spot zoning”

10. The Council Discussed Changing the City Logo Slogan from “The Last Stop” to “Sweet Potato Capital of the World.” It seems some people think “The Last Stop” means a place where you go to retire and/or die. I guess most people have forgotten that Livingston had “The Last Stop” Light on HWY 99: before the realignment was done. Maybe such things aren’t relevant in “today’s world”.

11. The Discussion Item: “Twelve Acres of Industrial Land at the Max Foster Sports Complex” was Continued to a Future Meeting. From what I understand, there may be a dispute between the City of Livingston and a Developer over how much of a Reimbursement is due to the Developer.

The FEBRUARY 17, 2015 CLOSED SESSION included:

  • 1 case of Potential Litigation

  • A Conference about Labor Negotiations regarding All Represented and Unrepresented City Employees

During The Regular Meeting FEBRUARY 17, 2015 :

Mayor Espinoza and Council Person Mendoza were absent

1. An Item placed on the Agenda by Mayor Rodrigo Espinoza & Council Member Arturo Sicairos to Present and discuss idea of possible Sister City relationship with the State of Jalisco, Mexico. The consensus of the Council seemed to be it would be a great idea to adopt Zapotlanejo as a Sister City: perhaps via the Sister City Program International.

2. The Warrant Register Dated February 12, 2015 was Approved.

3. A Resolution of the Successor Agency to the Redevelopment Agency of the City of Livingston Approving the Recognized Obligation Payment Schedule (ROPS 15-16A) Pursuant to Health and Safety Code Section 34177 for Period July through December 31, 2015 was adopted.

Well 12 - 13 - 1- - 17 - 184. A Resolution Approving the Initial Study and Mitigated Negative Declaration for Improvements to Municipal Well No. 17 was adopted. New well site equipment and improvements will include an estimated 2,000 gallons per minute capacity

5. A Resolution Approving the Purchase of Equipment from Tesco Controls, Inc. for the Well No. 13 and Well No. 17 Projects, without Competitive Bids  was approved.

Well 8 - 9 - 11 - 156. A Resolution Approving a Contract with Forsta Filters for the Supply of Three Self-Cleaning Filters to remove Sand from Wells No. 9 and Well No. 11B was approved. This was done because the previous vender could not meet delivery times as previously expected. This expense was not in the Budget: an emergency situation created by the drought.

7. The City Council Directed Staff to Approve the Installation of a Varible Frequency Drive on Turbine #1 at the Waste Water Treatment Plant. According to Staff, by installing the Variable Frequency Drive, the City would Save on energy costs in the long run.

8. There was another Review/Discussion/Direction of the Annual Fireworks Booth Selection procedures. Members from both the July 4th Committee and Livingston Youth Football were in attendance and talked about why their Organizations should qualify for “the council pick”.

9. A Resolution Approving the Recommended 2014-15  City of Livingston Mid-Year Budget Revisions was adopted. Although Interim City Manager Ortiz said it looked like the City was seeing a Recovery, Mayor Pro Tem Samra stated “Yes. It is good news. But we’re not ready to open the Credit Card.”

ADJOURNMENT

Now, let me tell you a Brief TALE ABOUT FIREWORKS BOOTHS,  THE SWEET POTATO FESTIVAL and THE RECREATION COMMISSION

Once upon a time, the way I remember it, the City was in charge of putting on the July 4th Celebration: fireworks and all. Then there came the year of The-Run-Up-To-The-Recall. And, somehow, in the middle of all that, the order for the fireworks didn’t get put in in time.

It was as if the Conspiracy Theory Comet from Hell had struck: because of all the blame throwing and finger pointing. (I did do some checking on my own, and after asking for a General Ledger Report and looking it over, It looked to me like donations to the July 4th EVENT did NOT get booked into the July 4th ACCOUNT. But were booked into an account called Special Events. Near as I can tell it was just an honest mistake. But one that did not help calm the blamethrowing of the time. But I digress…)

A group of people banded together to, at least try, to see that the tradition of the July 4th Celebration wasn’t lost forever. Some people quit after the first year. Others kept on, year after year: rounding up donations and doing what needed to be done to meet the goal of Celebrating our Nation’s Independence Day with the Biggest and Best celebration possible.

In 2011, a new City Manager was hired. He thought it would be a Grand Idea to for the City to Revive the long dormant Sweet Potato Festival.

And stick it straight into the same week as the July 4th Celebration of 2012.

Which had some people I talked to scratching their heads about the timing. What were we celebrating that week? Our Nations Independence or Sweet Potatoes?

Later, there was the whole flap about the City “losing money” on the Sweet Potato Festival and the July 4th Committee having “money left over” after paying expenses.

Certain members of the City Council seemed to feel that the July 4th Committee should fork over their “excess” to cover the City’s “losses”.

Which, had some of us scratching our heads when we first heard about it. They way we understood it, the July 4th Committee was not organized as a fundraiser for the Sweet Potato Festival. It was organized to Plan and Organize an Event the City was no longer Planning and Organizing.

And any money “left over” after expenses would be rolled over to the following year.

As far as the Sweet Potato Festival was concerned, my understanding of the goal, from listening to the City Manager , was to at least break even: if there was any money “left over” after expenses, that would go towards funding other City Events.

Then in 2014, (as reported in the Merced Sun Star) Members of the Livingston Fourth of July Committee appealed to the City Council during its regular meeting  …..asking for help to pay off $5,441.14 of unpaid bills from the nonprofit’s annual fireworks show and festival.”

I can distinctly remember the “then” City Manager saying that management would take a look at the expenses involved to see which ones the City could “justify” paying on behalf of the July 4th Committee. (After all, it was a “City” event of sorts: with free admission to all)

So my guess is the “prior” City Manager, Jose Ramirez, approved the check for payment that Mayor Espinoza decided to “hold up”.

But IF YOU WANT THE CITY’S FULL SUPPORT, (and money for the Fireworks Show) how about joining the Recreation Commission? That was the suggestion made to members of the July 4th Committee, by Mayor Rodrigo Espinoza at the January 20th, 2015 City Council Meeting. According to the Mayor, this would solve two problems at the same time:

  • Getting enough members on the Recreation Committee to actually HAVE meetings on a Regular Basis – and –

  • Helping out with fundraising etc. for the 4th of July Celebration

The Logic going something like this: The Recreation Commission is already an Established Commission of the City. One of the tasks of the Recreation Commission is to promote activities That Benefit The Community. The July 4th Celebration is an Activity That Benefits The Community.  The are not enough members on the Recreation Commission. Therefore:

  • IF enough members of the July 4th Committee joined the Recreation Commission in order t0 make it a Functioning Commission,

  • THEN they could get “support” from the City

The response from some of the members of the July 4th Committee was that they are already very busy with activities that benefit the community, and really just don’t have the time to take on the additional responsibility: especially if the only reason to do so was to get “the support” from the City for an event that benefits the City As A Whole.

This is the way I see what has been happing so far.

  1. The City can issue up to 5 Fireworks Booth Permits. The City Council rewrote the Fireworks Ordinance so it could have the ability to grant a Fireworks Boots to up to two (2) Non Profit Organizations of its choice – making it possible to “Council Pick” Livingston Youth Football  and one other Non-Profit organization. That would put “everybody else” into a lottery for the remaining 3 booth permits.

  2. “Someone” got his nose out of joint when the July 4th Committee wouldn’t fork over their “profits” to bail out the Sweet Potato Festival’s “losses” one year and decided “since you wouldn’t donate your profit to the City, don’t bother asking the City to help you.

  3. And we won’t choose you for “Council Pick” for a Fireworks Booth Either. We’ll “choose” Livingston Youth Football, but you get thrown into the raffle like the other applicants.

  4. To Bad, So Sad, if you don’t get a Fireworks Booth

  5. Too Bad, So Sad if you “lose money” on putting on the July 4th Celebration.

  6. BUT “we” want a Recreation Commission that has meetings. So if you join the Recreation Commission, we will be willing to spiff you some “help” that way.

  7. BUT..Members of the July 4th Committee “reject” the offer to “obtain help” by joining the Recreation Commission.

  8. HOWEVER..The City Manager, recognizing the July 4th Event as a City Wide Event, as one of his last official acts before leaving at the end of January, 2015, authorizes the payment for the Radio Advertising. (It had to be either Jose or Odie: who else could be the “management” who could approve that check?)

  9. AND That check is “held up” by the Mayor at the very next Council Meeting

At this point, I will let you draw whatever conclusions you wish. I can say that “The Saga Continues”. The next chapter will continue when we meet again to look at What Happened in March, 2015.

More on the February Happenings in Livingston can be found by going to the links below:

For the February Police Department Update, click on the following link – LPD Update 2_3_2015

For relevant Sun Star Articles, see below.

Livingston manager’s last day brings some employees to tears BY RAMONA GIWARGIS, The Merced Sun Star – 02/01/2015 – Mayor Pro Tem Gurpal Samra said Friday was a “sad day” for Livingston. It will be hard to replace Ramirez, he said, but the city will hire a recruitment organization to interview prospective candidates. While the City Council makes the final hiring decision, Samra said this method will “keep the process fair” and discourage favoritism.

Livingston police chief’s contract renewed for 3 years BY RAMONA GIWARGIS – The Merced Sun Star – 02/04/2015 –  Livingston Police Chief Ruben Chavez will continue working for the city another three years, the City Council determined unanimously this week

Chinese exchange students make friends in Livingston – BY THADDEUS MILLER – The Merced Sun Star – 02/08/2015 – About 50 students from China spent a couple of days here last week, visiting with others their age, sharing music and practicing their English. – The visit was the first edition of an exchange program, or “sisterhood,” that Livingston Middle School hopes to continue with Beijing Runfeng School, according to principals from both schools.

Livingston council talks fireworks stands and midyear budget – BY RAMONA GIWARGIS – The Merced Sun Star – 02/18/2015 – The battle over fireworks booths in Livingston has begun. – The city is accepting applications from nonprofits interested in selling safe-and-sane fireworks in July, officials announced at a City Council meeting Tuesday. Although the application period just opened, two groups – the Fourth of July Committee and Livingston Youth Football – were already appealing to the council Tuesday to choose them.

Livingston planning commissioner resigns over conflict of interest worry – BY RAMONA GIWARGIS – 02/22/2015 – The Merced Sun Star – The chairman of Livingston’s Planning Commission voluntarily resigned after elected officials threatened to have him removed because of a potential conflict of interest.

Livingston police arrest seven known gang members – SUN-STAR STAFF – 02/25/2015 – Seven known gang members have been arrested in Livingston since Saturday, according to police. – Three of those arrests came Tuesday when Livingston police and Merced County probation officers searched a home in the 1500 block of Seventh Street, finding a loaded 12-gauge shotgun hidden in a wall with other weapons, and more than five grams of methamphetamine, police Chief Ruben Chavez said.

Trash Cans and Smoke Shops; Resignations and Recruitments; Speed Bumps and Sand in the Water: A Brief Summary of January, 2015

Livingston, California 2/21/2015

The thought was if you’re going through it for recyclables, a penalty of $25 is going to mean a lot to that person. It’s going to be quite a bit of money. City Attorney, City of Livingston, January 06, 2015 City Council Meeting: appx. 32:27,

This is kinda dumb. We will have police doing garbage duty. City Council Member David Mendoza, January o6, City Council Meeting. appx. 37:40

Passing this ordinance does not automatically allow a Smoke Shop to come in. There still has to be a CUP. City Attorney, City of Livingston, City Council Meeting, January 06, 2015 City Council Meeting: appx. 54:47 

A Conditional Use permit can be appealed to the Council and we can dictate some of the items there. Mayor Rodrigo Espinoza, January 06, City Council Meeting. appx. 1:08:07

The following contains a brief summary of a few things that happened in the City of Livingston during the month of January, 2015, Council Agendas for the month of January, and a few links to relevant Sun Star Articles.

Livingston’s police officers and their supervisors started the new year with a 5 percent pay cut; the Resignation of City Manager Jose Antonio Ramirez became final; the City Council called for the Resignation of the Planning Commission’s Chairman, appointed Odilion Ortiz as Interim City Manager, adopted an Ordinance prohibiting trash scavenging and imposing fines, adopted an Ordinance regulating Smoke Shops and Smoking Lounges, discussed speed bumps, approved emergency repairs to Wells 9 and 11, approved a Memorandum of Understanding with the Public Works and Parks Employees Unit, and talked about how hard it seems to be to recruit members for the Recreation Comission.

The RESIGNATION OF CITY MANAGER Jose Antonio Ramirez became final at the end of January. During the January 06th and 20th City Council meeting, he presented a List of Items the City Council would need to address some time in the future:

  • Amending the Watering Ordinance

  • The Repairs needed to be done to the City’s Water Storage Tank

  • Planning Fees Increases

  • Well Deconstruction Fees. The City will have to start issuing Well Deconstruction Permits.

  • Master Plans for Sewer, Water, and Storm Drains need to be updated

  • The 4th of July Committee would like to come under the umbrella of the City

  • Sunvalley Estates and Well #17  improvements

  • Devante Villas project: haven’t heard from them in a while. But sure they will be coming back

  • Kera (?) Fernandez Reimbursement issue: Staff is working with legal council on this issue

  • AB1600 Draft: Final draft is ready. Staff is working with legal council to move foreword with the adoption.

  • Tree Grant: the city still has trees to plant

  • Winton Parkway Development: Mr. Javier Galvan is very interested in moving that project forward with his partners. He mentioned he had a letter from the City from some years ago promising funding for the Winton Parkway street.

  • New WCIII Proposed Fees Schedule as part of the Building Services Department

  • Pipeline from Well #14 to Well #8 currently being designed and going out to bid in early spring.

  • Well #17 CBDG Grant Project.

  • Well #13 Project Design complete and going out to bid in February. (California Department of Public Health Grant)

  • Well #15 Project should either be a grant or a 0% loan

  • Groundwater Levels have dropped and monitoring needs to continue. 35 to 40 foot drop last year. Levels have risen about a foot this year.

  • Self Monitoring for ADA Requirements. As the City has been replacing curbs, gutters, and sidewalks, issues are being addressed.

  • Community Facility District Formation in the Winton Parkway area. Once the Gallo Subdivision takes place, make sure that goes forward. 

  • National Endowment for the Arts Grant has been applied for, in conjunction with the Merced Arts Council: Start a Mural Project in the Down Town, beginning with the City Owned Building next to the Council Chambers.

  • Tax Sharing Agreement with the County has yet to be finalized.

  • Cal Trans Campbell Project Properties: They are trying to come up with the cost of those odd shaped properties so they can tell the City what they want for them.

  • Health Insurance: There had only been 1 response to the Request for Proposals. Council might want to extend the request period.

The City Council Members called for the RESIGNATION OF PLANNING COMMISION Chair Luis Flores on the grounds that his position as Livingston Unified School Board Member was “incompatible” with membership in the Planning Commission. (I must admit, I’m scratching my head a bit on this one. It’s OK to be a member of the Real Estate Profession and be on the Planning Commission. But it’s not OK to be on the School Board and be on the Planning Commission.)

An ANTI-TRASH SCAVENGING ORDINANCE was adopted. The possible fines for those caught digging through other people’s trash would be as follows. First offense: warning. Second offense: $25. Third offense: $50. When asked who would be responsible for issuing Warnings and Citations, the reply was it would be the responsibility of the Police Department to issue citations . (After responding to a phone call from a resident complaining about scavengers)

An ORDINANCE was adopted which allowed SMOKE SHOPS in the Industrial Areas of town; and also in the Downtown Commercial Area with a Conditional Use Permit. During the Council’s discussion, the City Attorney stated that passing this ordinance does not automatically allow a Smokeshop to come in – there would still need to be a CUP and Mayor Espinoza made the point that any CUP granted could be appealed to the City Council. (I’m having a serious case of deja vu here)

Ruby and Emerald streetsWhether or not SPEEDBUMPS were needed in parts of the City was discussed. The Mayor stated he had been getting complaints about speeding vehicles by residents by Ruby and Emerald Streets. Discussion included:

  • What triggers the need for a speed bump

  • What impact would speed bumps have on emergency vehicles.

  • What kinds of speed bumps should be considered.

  • How much do they cost?

  • And perhaps there should be a Speed Survey before going ahead and installing speed bumps.

The City of Livingston and the AFSCME Public Works and Parks Employees Unit, came to a tentative agreement to a one (l) year Memorandum of Understanding, covering the period July 1, 2014 through June 30, 2015 consisting of one (l) furlough per month, freezing 20 hours of vacation cash­ outs effective July 1, 2014 through June 30, 2015 and $75 per month towards medical insurance premiums.

For more details about topics discussed during the January, 2015 City Council Meetings, see below.

JANUARY 06, 2015

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CITY COUNCIL REGULAR MEETING AGENDA

JANUARY 6, 2015

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 6, 2015, 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 at the City Council Chambers 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 Council Chambers 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. Public Employee Appointment

(Government Code Section 54957)

Title: Interim City Manager

2. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

City Manager Recruitment

3. Conference with Real Property Negotiator

(Government Code Section 54956.8)

Property: APN: 024-011-016, Olive Avenue

APN: 023-100-049, Burgundy Drive

Negotiating Party: City Manager

4. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

Regular Meeting

CALL TO ORDER Next Resolution Number: 2015-1

Next Ordinance Number: 621

Pledge of Allegiance.

Roll Call.

Changes to the Agenda.

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. Introduce and Waive the First Reading of an Ordinance Amending the City’s Municipal Code by Adding Chapter 8-8 Prohibiting Unauthorized Entry into Waste Containers.

2. Introduce and Waive the First Reading of Ordinance No.___ of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Zoning Regulations: Sections 5-2-3, 5-2-4, 5-3-15, Tables 3 and 4, and the Addition of Section 5-5-13 under Specific Use Regulations.

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 November 13, 2014.

4. Approval of Minutes of Meeting Held on December 2, 2014.

5. Approval of Warrant Register Dated December 30, 2014.

DISCUSSION AND POTENTIAL ACTION ITEMS

6. Discussion – Installation of Speed Bumps Throughout the City and Related Costs.

ADJOURNMENT

JANUARY 20, 2015

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CITY COUNCIL REGULAR MEETING AGENDA

JANUARY 20, 2015

CLOSED SESSION: 5:45 P.M.

OPEN SESSION: 7:00 P.M.


Notice is hereby given that the City Council will hold a Regular Meeting on January 20, 2015, at the City Council Chambers, 1416 C Street, Livingston, California. Persons with disabilities who may need assistance should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection at Livingston City Hall, 1416 C Street. The Open Session will begin at 7:00 p.m. The Closed Session will be held in accordance with state law prior to the Open Session beginning at 5:45 p.m. The Closed Session will be held at the City Council Chambers 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 Council Chambers 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: Interim City Manager

4. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

City Manager Recruitment

5. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Unrepresented City Employees

6. Conference with Labor Negotiator

(Government Code Section 54957.6)

Labor Negotiators: City Manager Jose Antonio Ramirez and City Attorney Jose M. Sanchez

Employee Organizations: All Represented City Employees

7. Conference with Legal Counsel – Potential Litigation

(Government Code Section 54956.9(d)(2))

Number of Cases: 1


Regular Meeting


CALL TO ORDER Next Resolution Number: 2015-1

Next Ordinance Number: 623


Pledge of Allegiance.

Roll Call.

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS


1. Introduction and Swearing-in of new Police Dispatcher Veronica Bates by Chief Ruben Chavez and City Clerk Tony Silva.

2. Presentation of a plaque by Mayor Rodrigo Espinoza to out-going City Manager Jose Antonio Ramirez in recognition and appreciation for his service, dedication and accomplishments to the City of Livingston.


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.

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. Waive the Second Reading and Adopt Ordinance No. 621, Amending the City’s Municipal Code by Adding Chapter 8-8 Prohibiting Unauthorized Entry into Waste Containers.

4. Waive the Second Reading and Adopt Ordinance No. 622, of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Zoning Regulations: Sections 5-2-3, 5-2-4, 5-3-15, Tables 3 and 4, and the Addition of Section 5-5-13 under Specific Use Regulations.

5. Resolution Approving a One (1) Year Memorandum of Understanding Between the City of Livingston and the AFSCME Public Works and Parks Employees Unit.

6. Approval of Warrant Register Dated January 15, 2015.

DISCUSSION AND POTENTIAL ACTION ITEMS


7. City Council Direction on Appointment of Parks and Recreation Commission Members.

8. City Council Accept and Authorize Sweeper Truck Repairs Quote from Ry-Den Truck Center, Inc.

9. Approve a Supply Capacity of 2,000 gpm for Well No. 17.

10. Approve a Purchase of Sand Filtration Equipment for Wells No. 9 and 11B.

11. Discussion and Possible Action – Potential Incompatibility of Offices by Planning Commissioner Serving as Both a City Planning Commissioner and a Livingston Union School District Board Member.


ADJOURNMENT

And for even more of January’s goings on in the City of Livingston, you can go to the following Sun Star Articles.

Livingston considers banning trash scavengers – People rummaging through trash every night is a rude awakening to some residents, and now Livingston city leaders are now considering a law to ban people from digging through trash for recyclables and other materials.

Livingston council OKs trash scavenger ban and smoke shops – Despite one council member calling it “dumb” and “ridiculous,” an ordinance that penalizes people for rummaging through other people’s trash is one step closer to becoming law

New AutoZone opens in Livingston, fuels city’s future growth plans – The city’s motto may be “The Last Stop,” but city leaders are pushing to make Livingston the first stop for business growth, starting with a new AutoZone store that opened its doors this week

Livingston planning commissioner might be removed; officials cite conflict of interest The Livingston City Council on Tuesday discussed ousting a planning commissioner because of a potential conflict of interest with his elected seat on the city’s school board

Sikh bonfire festival in Livingston marks end of winter

Bird flu found at Foster Farms turkey ranch in California – THE ASSOCIATED PRESS – 01/25/2015 – The Merced Sun Star – Hundreds of turkeys at a Central California ranch are being killed to prevent the spread of a type of avian flu that is not a threat to people but can decimate poultry flocks

Arsenic, TCP and Salmonella; Lawsuits and Politics; A Look Back at 2014 and A City Council Agenda


LIVINGSTON CALIFORNIA – 2/01/2015

A Livingston public works employees union recently questioned the mayor’s friendly relationship with Mendoza, in addition to accusing Mendoza of harassment.– Espinoza, however, said his friendship with Mendoza had nothing to do with him getting invited to China. “We’ve been friends, and we talk once in a while, but that didn’t play a part,” the mayor said. from Livingston council questioned over China trip – Ramona – Merced Sun Star – 12/03/2014

“There is an urgent need to have Well 16 back on-line in the near future to meet the City’s water demands that will likely increase in the Spring and Summer.” From STAFF REPORT -  Resolution Approving an Agreement with Shannon Pump for Sampling and Repairs to Well 16, Making Findings Supporting that Award of Such Agreement is Exempt from Competitive Bidding Requirements and Authorizing the City Manager to Execute the Agreement. MEETING DATE: February 18, 2014

Approximately 18,267 sq. ft of land is needed to locate the treatment facilities at the existing Well No. 8. The adjacent property (APN 024-020-023 and 029) is owned by Foster Farms.  From  STAFF REPORT  AGENDA ITEM: Resolution Authorizing the Purchase of Land Needed for the Installation of Water Treatment Facilities at the City Water Supply Well No. 8, Approval of the Appraisal Report Prepared by The Thomas Wilkins Company, and Authorizing the City Manager to Execute the Agreement with Foster Farms for the Purchase of the Land.  MEETING DATE: May 21, 2013

One of the city’s largest water wells previously plagued by a major contaminant now runs with a new filtration system, city officials announced this week…….The upgraded well, located on Livingston Cressey Road, near the Foster Farms plant, was chosen because water drawn from it contains high levels of TCP contamination, said Livingston Mayor Pro Tem Gurpal Samra…. The well pumps 1,200 gallons of water per minute to the city, with the majority used by Foster Farms. Livingston water well receives $2.3 million filter system – Ramona Giwargis – The Merced Sun Star – 12/30/2014

Without Livingston, there is no Foster Farms, and without Foster Farms, there is no Livingston. Those were the words of Mayor Pro Tem Gurpal Samra as he explained the company’s impact on the city. Samra joined Mayor Rodrigo Espinoza and Councilman Arturo Sicairos in presenting Foster Farms CEO Ron Foster with a commemorative key to the city Tuesday night. From Livingston city officials present Foster Farms with key to city – Ramona Giwargis – Modesto Bee -07/16/2014

This is not an all inclusive discussion of everything that happened in Livingston during 2014. It is only a brief look at what I consider some of the more significant historical and political happenings in the City of Livingston.

preparing-to-take-down-the-marqueeCOURT THEATER IS DEMOLISHED – Another sad chapter in Livingston’s History has ended with the destruction of the Court Theater.  In 2001, the City had purchased the Court Theater with the high hopes of restoring the Theater and transforming it into a Cultural Arts Center . In 2005, the City received a Community Development Block Grant: which it used to complete Architectural Drawings in 2008.

But between trouble getting enough additional financing, accusations in 2010 that Police and Fire Department budgets were cut to finance the project, and the deterioration of the relationship between City Council Members, the Court Theater Committee in 2011, it became pretty clear the Court Theater Project was doomed.

The City was able to salvage some of the Grant Money it had received by getting permission from the State to use these funds for improvements at Gallo Park.

The City also made attempts to save the Theater’s Marquee, Ticket Booth, and Sign.

WITHOUT LIVINGSTON, THERE IS NO FOSTER FARMS, AND WITHOUT FOSTER, THERE IS NO LIVINGSTON – In a previous post, I talked about the Symbiotic and Sometimes Dysfunctional Relationship between Foster Farms and the City of Livingston. Since Foster Farms is the largest consumer of water in Livingston: using at up to 66% of the water produced from Livingston’s wells, it can’t help but have a large influence on the size and condition of Livingston’s Water Delivery System.

Most of you remember that 2013 ended with Foster Farms coming under intense scrutiny due to an outbreak of antibiotic resistant Salmonella. This continued into 2014 as Livingston braced for fallout from an idled Foster Farms .  Congresswoman Rosa DeLauro reacted to the closing of the plant due to roaches as “long overdue.”: pushing for action against the company. Three days after federal inspectors shut it down Foster Farms got the OK to reopen plant only to shut it down again a day after reopening in order to expand safety procedures.

As the number sickened by salmonella outbreak rose to 430, according to government reports Foster Farms reopened the plant after a 10-day closure. And while Salmonella cases continued to grow, Foster Farms noted progress with it’s safety and prevention efforts

By April salmonella cases linked to Foster Farms, were reported to have grown to 524 people in 25 states and Puerto Rico.

May 2014 brought a couple of interesting developments. In Virginia, Foster Farms, in conjunction with Marketing & Planning Specialists LP, filed a federal lawsuit claiming the EPA improperly applied the Clean Water Act on land they wish to develop. In California, Foster Farms blamed and sued its exterminator for cockroaches.

The Months of June saw Foster Farms celebrating its 75th anniversary.  Meanwhile, in Congress, Rep. Rosa DeLauro (D-Conn.) and Rep. Louise M. Slaughter (D-N.Y.) introduced a bill called the Pathogens Reduction and Testing Reform Act: which would require the USDA to recall meat, poultry and egg products contaminated by pathogens that cause serious illnesses or death and that are also resistant to two or more classes of antibiotics commonly used to treat human illnesses

In July, Foster Farms received the Key To The City of Livingston from Livingston’s Officials;  issued its first voluntary chicken recall since 2013 salmonella outbreak ; updated the recall to include additional "use or freeze by" and "best by" dates; and sued its insurance companies for recall reimbursement in ‘cockroach infestation’ “arguing that the forced closure of a plant earlier this year by the government and subsequent destruction of chicken amounted to a recall”.

By July 31, The Center for Disease Control said the salmonella outbreak appeared to be over. In September Foster Farms recalled chicken from Louisiana due to possible contamination by Listeria.

In October Ron Foster announced he would step down as Foster Farms President and CEO.

In November, a billboard scrutinizing Foster Farms was set up: an indication that Foster Farms still has a ways to go before things settle down to “business as usual.”

WITHOUT LIVINGSTON’S WATER, WHAT WOULD BECOME OF FOSTER FARMS?

Impact on Foster Farms

Without the “low cost” water coming from Livingston’s wells, there would be no Foster Farms as we know it today. I’ve already mentioned the Symbiotic and Sometimes Dysfunctional Relationship between Foster Farms and the City of Livingston and how Foster Farms is the largest consumer of Livingston’s water.

In 2014, The City of Livingston purchased land from Foster Farms, in order to have enough room to install a TCP Filtration system on a well that sends most of it’s water to Foster Farms. 

I have also noted that, in the long run, Foster Farms would need to address an issue much larger than cockroaches and salmonella: that of having enough water that meets State and Federal Drinking Water Standards.

It is no secret, to those who have been paying attention, that Livingston’s Water Delivery system has been degrading over time. Arsenic levels have been rising and Foster Farms had to shut down at least 1 shift in February 2013 due to problems with water quality

In December, 2013, California River Watch served the City of Livingston with a 60-Day Notice of Violations and Intent to File Suit alleging various violations of the federal Safe Drinking Water Act. This was followed up with a Complaint against the City in the United States District Court, Eastern District of California, Case No. 1:14-CV-00437-AWI-MJS. In June 12, 2014, this was followed by a 90-Day Notice of Violations and Intent to File Suit alleging various violations of the federal Resource Conservation and Recovery Act. 

A Settlement Agreement and Release was signed in September 2014. Some of the agreed upon actions to be taken by the City include:

  • Well 13Install and operate wellhead treatment for Arsenic at Well No. 13 no later than June 1, 2016.

  • Continue monitoring for Arsenic at Well No. 13 consistent with federal Safe Drinking Water Act and California Safe Drinking Water Act requirements.

  • Well 8-9(b) Install and operate wellhead treatment for 1,2,3 Trichloropropane (“TCP”) at Well No. 8 no later than January 1, 2015.

  • Within six (6) months after the Effective Date of the Agreement, post on its website information regarding the City’s efforts to address TCP in drinking water.

  • on a semi-annual basis, provide inserts in its utility bills that provide information on efforts to address TCP.

  • update its website and the utility bill inserts, as needed, to reflect current
    information.

In January, Governor Brown had declared a drought emergency, and urged residents to reduce water consumption by 20 percent

Shortly thereafter, the Livingston City Council voted to ban outside watering on certain days of the week. “City leaders said the plan has been in the works the past few years, but was given a new sense of urgency after the governor declared a drought on Friday.”

Well 16In February, the Livingston council approved an urgent contract for repairs at Well #16 

In April, the City Council voted to begin the Proposition 218 Process for Water rate increase. Notices about Livingston rate increases went out the following Friday .  Meetings were held at which the new Rate Structure was discussed

In June the Livingston council approved utility rate increases and also approved a contract for emergency repairs to a damaged main pipe at the wastewater treatment plant . It should be noted that the Water Rate Increases adopted by the City of Livingston assume that Grants and Low/No Interest Loans from the State Drinking Water Revolving Loan Fund will fund the majority of Repairs/Upgrades to Livingston’s Wells and Water Delivery System over the next 5 years: any loans to be paid back over the next 20 to 30 years.

In September, the City received a Notice of Violation from the Water Board regarding the Domestic Wastewater Treatment Plant for not meeting certain testing and reporting requirements.

Well 8-9Well 11 - 15In November, there was discussion about wells #11 and #9 having been taken offline because of sand causing problems with Foster Farms: overwhelming their filters.

By the end of December, the TCP Filtration System on Well #8 was up and running; and the City Council approved the purchase of Arsenic Filtration equipment to be eventually installed on Well #13. As I mentioned earlier, installing filtration on both of these wells was covered in the Settlement Agreement between the City of Livingston and California River Watch.

BUDGETS,  CONCESSIONS, AND DEFICITS

Although the 2013/2014 Fiscal Year began back in JULY 2013, the Budget for that year wasn’t adopted until March 2014. This budget included salary reductions and other concessions from employees

The 2014/2015 Fiscal Year was barely over in June before the Budget for the Next Year Fiscal year was predicted to be $146,000 in the hole. Employees were again asked for a 7 percent pay cut: which was rejected.

In JULY a Memorandum of Understanding and a Side Letter Concessions Agreement between the City of Livingston and the City of Livingston Management and Confidential Employees Association was adopted. Terms included:

  • One furlough day per month

  • 1% pay decrease effective July 1, 2014 – June 30, 2015

  • $100 per month medical contribution per member

  • freezing 40 hours of vacation cash outs.

In August, the City Council adopted a budget which included a deficit of $44,000. The Council also considered the topic of planning fee increases. The leader of the Public Works Employees union expressed frustration over the way labor negotiations were being handled

A Resolution Approving a Successor Memorandum of Understanding Between the City of Livingston and the Livingston Police Officers’ Association (LPOA) OE3 Unit for the Period of January 1, 2015 through June 30, 2015 was approved in December of 2014.

A Memorandum of Understanding for the AFSCME Public Works and Parks Employees Unit for the period July 1, 2014 through June 30, 2015 was not approved until January 2015 and included one (l) furlough per month, freezing 20 hours of vacation cash­ outs effective July 1, 2014 through June 30, 2015 and contributions of $75 per month towards medical insurance premiums.

MAYOR’S TERMS, “POLITICS”, FIREWORKS, AND “FAVORITISM”

IN JANUARY, the Livingston City Council approved a ballot measure which would EXTEND THE MAYOR’S TERM of office from two years to four: in order to maintain “institutional knowledge” on the council according to Mayor Pro Tem Gurpal Samra, who had placed this item on the Agenda.

A previous ballot measure in 2006, Measure C, had asked Livingston voters if they wanted their mayors to have a two year or a four-year term. By about 66 of the vote, the term for mayor was limited to two-years. In 2006, voters said “no” to a 4-year term for mayor. Voters said “no” again in 2014. Voters said “no” again in 2014

IN JANUARY, The Council also discussed changing the way Fireworks Booth Permits were distributed by the city. Directions given to Staff was to include language in an Ordinance that would allow the City Council the ability to award the “COUNCIL’S CHOICE” to the Livingston Youth Football Organization for (2) CONSECUTIVE YEARS.  According to Youth Football Coach and City Council member Jim Soria, he had placed the Item on the January 21, City Council Agenda. According to Council Member Soria, the recent death of Mike Coronado created a Special Circumstance which justified giving Youth Football priority other non-profit organizations.

There was another discussion of the proposed Ordinance on February 18, and March 04: along with a fair share of criticism, replete with allegations of favoritism.

The actual Issuance of Permits to Sell Safe and Sane Fireworks took place on April 15th. Although Mayor Pro-Tem Samra made a motion to put all applications in a lottery,  Council Member Jim Soria’s “push to award a fireworks stand to a nonprofit for which he volunteers proved successful” by a 2-1 vote.

Allegations of “favoritism” was not limited out to just the handing out of Fireworks Booth Permits.  One of Livingston’s unions alleged acts  sexual harassment were committed by the City’s Public Works Supervisor.   “the union began receiving numerous complaints about his leadership, leading to a vote of no confidence signed by 11 employees in May” in addition to (allegations that) “Mendoza has an inappropriate relationship with Mayor Rodrigo Espinoza, allowing the mayor to have preferential treatment on projects related to his property.”

And although Mayor Espinoza claimed favoritism was not a factor when he picked who would travel with him to China , it couldn’t prevent questions from being raised. Public Works Supervisor Ruben Mendoza also went on the trip: in addition to Council Member Jim Soria, and City Manager Jose Ramirez. According to the Mayor Espinoza “I got invited through a friend and former mayor of Lathrop,” and was asked to invite 10 other people.

2014 WAS AN ELECTION YEAR with two seats “up for grabs” on the City Council, and also had it’s fair share of controversy.  A photograph circulated by Mayor Pro-Temp Gurpal Samra elicited claims of “dirty politics” and slander by by his opponent: Planning Commissioner Mario Mendoza. 

THE CITY MANAGER ANNOUNCED HIS INTENTION TO RESIGN during a Special City Council Meeting in DECEMBER. According to the City Attorney, the Report out of Closed Session, as stated by the City Attorney, was as follows:

Tonight in Closed Session, the City Manager informed the City Council that he is resigning from his employment with the City.  Mr. Ramirez has elected to resign to pursue personal and professional opportunities outside of the region.

The City Council on a vote of 4-0-1 (Council Member Mendoza was not present) has accepted the City Manager’s resignation and has agreed to waive the 60 days’ notice provision in the City Manager’s contract. 

The City Manager’s last day of employment with the City will be January 31st

Mr. Ramirez has expressed his willingness to continue to assist the City with current projects and to assist in the City’s transition to a new City Manager.  The City will be working with Mr. Ramirez to accomplish this

And now, on to the

CITY COUNCIL REGULAR MEETING AGENDA

FEBRUARY 3, 2015

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 February 3, 2015, 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 at the City Council Chambers 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 Council Chambers located at 1416 C Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 1416 C Street, Livingston, California.


3. Conference with Legal Counsel – Potential Litigation

((Government Code Section 54956.9(d)(2))

Number of Cases: 2


4. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

City Manager Recruitment

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

Labor Negotiator: Interim City Manager Odi Ortiz Employee Organizations: All Represented City Employees


Regular Meeting


CALL TO ORDER Next Resolution Number: 2015-3

Next Ordinance Number: 623


Pledge of Allegiance.

Roll Call.

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS


1. Mayor Rodrigo Espinoza – Presentation of Key to the City plaques to members of Grupo Musical Los Kinos for their continuous contributions to the Livingston community.


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.

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.


2. Report on United Front Security and Patrol Security Company Seeking a Business License.

3. Approval of Minutes of Meeting Held on December 16, 2014.

4. Approval of Warrant Register Dated January 29, 2015.


DISCUSSION AND POTENTIAL ACTION ITEMS


5. Resolution Appointing Odilon Ortiz as Interim City Manager and Approving a Second Amendment to the Employment Agreement between the City of Livingston and Odilon Ortiz.

6. Resolution Approving the First Amendment and Restatement to Agreement for Employment between the City of Livingston and Ruben Chavez for the Position of Police Chief.

7. Vacancies and Appointments to the Livingston Planning Commission.

8. Council Accept and Authorize Temporary Outsourcing of City’s Street Sweeping Services with Gilton Solid Waste.

9. Discussion Regarding Changes to the DTC Zone.

10. Discussion Item: Consideration of Changing the City Logo Slogan from “The Last Stop” to “Sweet Potato Capital of the World.”

11. Discussion Item: Twelve Acres of Industrial Land at the Max Foster Sports Complex.

ADJOURNMENT

So You Think You Can Govern in 2014

LIVINGSTON CA, 10/30/2014

First issue is to the Council Member Samra and the Mayor Espinoza. It has come to my attention that you both have approached residents of the City questioning their support by having my election signs on their lawn. In addition, both of you accuse me of having bad character: which I’m quoting you as saying I am a gang member. -   Excerpted from Public Comment by Mario Mendoza – City Council Meeting date 10/21/2014

Samra told the Sun-Star he showed the picture to residents in Livingston. “But I never told anyone that Mario is a gang member,” Samra said. “I never brought this up (publicly) because I don’t want people to vote against him, I want them to vote for me.” – Samra said voters will have to decide what the photo means during the Nov. 4 electionPhotograph stirs campaign controversy in Livingston, Merced Sun Star, Rob Parsons, October 25, 2014.

Historically, Livingston City Council elections have been rather sedate. Over the past 15 years or so, however, the campaigns have become filthy and juvenile. – Mike McGuire – Editor of the Livingston Chronicle from 1984-1996

So……… Voters will have to decide what “the photo” means?

Interesting……

I’m invoking a little of The Story Teller’s License as I sit at my laptop and write. This is not an All Inclusive History of Everything That Happened over the Last Few Years. If you look over in the Right Hand Margin of this Blog, you will find plenty of links to loads of information about

  • The Recall, and Water Rates, 

  • The Utility Rates Stakeholders Committee

  • Notices of Violation from the State about the Old Industrial Waste Water Treatment Plant, Arsenic Levels in the Drinking

  • The Water Rate Increase that was finally passed

  • How the City is asking the State for money to help fix several Problems with the Water Delivery System because these Items are not paid for by Water Rates.

  • Allegations of “Favoritism” and Fireworks Booths

  • The allegation that records at the Domestic Waste Water Treatment plant have seemed to vanish into thin air

  • The relationship between Foster Farms and The City

  • And so on

This is just my general Kvetch about the way I see “Politics” playing out every couple of years or so in Livingston.

When I wrote the first “So You Think You Can Govern”, I’d been somewhat of a local political junkie for a couple of years prior to the 2008 Elections and I was concerned about the number of candidates whose faces I hadn’t recalled having seen at City Council meetings (or Planning Commission meetings, or Citizens Advisory Committee meetings when they still had them).

At the time, it was already clear to me that there were sitting Council Members who did not bother to read the material in their Agenda Packets, did not understand the significance of the long term effect of what they were voting on, and/or were just “there” for reasons of their own.

I was also concerned that some of the people seeking to replace them didn’t have a clue as to what they would be getting themselves into. Livingston was going through several changes; had been on the “back end” of at least one very expensive lawsuit; was already enmeshed in a long, drawn out expensive mess of a General Plan Update and had already been through at least one Water Rate Study.

The General Election of 2008 came and went. And although there was a Council Meeting or two where everyone seemed to be willing to hold hands and sing Kumbya, it didn’t take to terribly long thereafter before the Political Cat Fighting began.

Well, the Recall Election of 2010 came and went: Theresa Land (Recall Candidate) displaced Martha Natares as Council Person and Council Person Rodrigo Espinoza, (Recall Candidate), displaced Daniel Varela as Mayor. Warren Urnberg, (Recall Supporter), was appointed as Temporary Council Member until the results of the General Election 0f November were tabulated.

Gurpal Samra, (Recall Proponent), won that “temporarily filled” Council Seat during the General Election in November and Rodrigo Espinoza also kept his seat as Mayor.

And, as before, there were people on the council who clearly didn’t bother to read the material in their Agenda Packets, didn’t really seem to know the difference between a “Commission” and a “Department”; were even more openly hostile towards City Staff,  didn’t seem to know what an Auditor was for; didn’t understand the significance of the long term effect of what they were voting on; and/or were just “there” for God Only Knows what reason of their own.

The Elections of 2012 came and went. Mayor Pro Temp Margarita Aguilar decided not to run again for office. Council Person Frank Vierra, also decided against running for another term on the Council.

During the Campaign of 2012, it became clear that relationships between some of the once Staunch Allies Of The Recall had begun to fray. Council Person Teresa Land, who had campaigned heavily for the Recall and Recall Committee backed candidates, found that she no longer had the support of those she had helped gain office.

Mayor Espinoza, instead, joined forces with Arturo Sacairos.  As Reported in the Merced Sun StarBefore the election, Espinoza released fliers endorsing himself and several other local candidates, including contenders for the Livingston council, city clerk, city treasurer, county supervisor, assembly and congress. Everyone he endorsed won.…….Espinoza put out the flier jointly with Sicairos, who said the flier might’ve helped him win, since a lot of Livingston voters look for guidance around election time”

{Before we go further, let’s take a brief Side Trip to map out a few familial relationships while we are here. 

  • The City Clerk, Tony Silva is City Council Member Arturo Sacairos’, Father-in-law.

  • The City Treasurer, Maria Riberio, is the City Clerk’s Sister}

So three “newcomers” took their places as City Council Members, with Rodrigo Espinoza as Mayor and Gurpal Samra as Mayor Pro Temp. {and with 3 members of the same family holding the positions of City Clerk, City Treasurer, and City Councilperson}

And although most of the current crop of newly Elected Officials haven’t “beaten up” on City Staff quite as much as Previous Council Members did, there ended up being  less “City Staff” to browbeat or blame for the City’s ills. Most of those who had openly suffered the Wrath-of-Council-Members-Past were either replaced, retired, fired, or otherwise laid off due to a “reorganization” dictated by an ever shrinking budget.

Now we come to the General Election of 2014 and it is clear that relationships between the core of the Recall Coalition have fractured even further. Mario Mendoza: Treasurer of the Recall Committee, (and brother to Council Person David Mendoza) is trying to unseat Mayor Pro Temp Gurpal Samra.

And here we are, only a few days away from another General Election and again we have Candidates for Office who have hardly ever shown up for City Council meetings; we are STILL working on that mess of a General Plan that has already cost the taxpayers of the Livingston hundreds of thousands of dollars in Court Fees, Attorney’s fees, Consultant’s Fees, and wasted Staff time.

And although, after the THIRD (?) Water, Garbage, and Sewer Rate Study since 2007: with the 4th Consultant in a row – what was eventually passed has Livingston in the position of begging The State for grants and loans in order to complete most of the needed repairs and upgrades to the City’s wells and water delivery system that need to be done over the next 5 years. 

"Dirty Politics" seems to have become the Norm, not the Exception in Livingston. If you have lived here long enough, you know what I mean. But the issue of “the photo” begs a couple of questions.

First off…What happened to cause Mr. Mendoza, and his supporters, to feel the need to try to oust Mr. Samra from the City Council?

And secondly…..if Mr. Samra “just wants people to vote for him” why walk around with a copy of “the photo” of Mr. Mendoza?

What would be the point? Just to show it to residents of Livingston??????

That doesn’t make sense to me

{SMH}

I said it before, and I’ll say it again now, the Ethical and Effective Council Member of the 21st Century will need to be more than just a person who sits behind a dais and votes “yes or no”. S/he must be able to comprehend, analyze and distinguish between a multitude of competing interests, knowing that all decisions made will have implications for the future.

S/he must recognize that the issues facing Livingston won’t just impact those living within “the City”. There are those outside the City Limits and Sphere of Influence that are as important to the cultural and economic health of Livingston as those who live “inside”.

An ethical and effective Council Person must be fully aware of present needs, and yet have an eye for the future consequences of any and all actions taken, votes cast, and directions given to City Staff in the present. S/he must understand both the “the Time Value of Money” and the “Money Value of Time”: spending both taxpayers dollars, and City Staff time wisely and well.

I have included a partial list of terms any competent council person should be aware of, understand, and able to use in a complete, coherent sentence.

For anyone who REALLY wants to be knowledgeable about how City Government works, I would strongly suggest s/he get out a dictionary, do an Internet Search, or talk to someone at City Hall about any of these terms/concepts s/he may never have heard of before. Granted, it’s only an abbreviated list: an “Introduction to 21st Century City Government 101” so to speak, but at least it would give you an idea of the kinds of stuff you would need to know so you don’t end up sounding like a damn-fool every time you open your mouth .

PRIMARY DRINKING WATER STANDARDS address health concerns. (Things in the water that can make you sick or kill you if you drank enough of it over time)

SECONDARY DRINKING WATER STANDARDS – (things that make the water look and smell yucky, but might not necessarily make you sick or kill you) established to address issues of aesthetics (discoloration), not health concerns. In California secondary MCLs (Maximum Contaminant Levels) are enforceable.

UNREGULATED CONTAMINANTS – Chemicals and stuff which do not yet have a Maximum Contaminant Level. (emphasis on “yet”) There is ongoing testing So the The Environmental Protection Agency can decide whether or not these contaminants occur often enough and at high enough levels to warrant further attention and/or regulation. (In other words, the Government is still debating the science about how much of that stuff will make you sick or kill you over time.)

ARSENIC – : a semi-metal element in the periodic table. It is odorless and tasteless. It enters drinking water supplies from natural deposits in the earth or from agricultural and industrial practices.

CHROMIUM – 3 An Essential Trace Mineral, not to be confused with it’s deadlier cousin: Chromium – 6.

CHROMIUM – 6:  Chromium-6, or hexavalent chromium, is a naturally occurring metal. It is also used in several industrial processes. Chromium-6 has been known to cause cancer in humans when inhaled. In scientific studies in laboratory animals, chromium-6 has also been linked to cancer when ingested (Think “Erin Brokovich”)

MANGANESE: Manganese is a pinkish-gray, chemically active element. it is one out of three toxic essential trace elements, which means that it is not only necessary for humans to survive, but it is also toxic when too high concentrations are present in a human body. When people do not live up to the recommended daily allowances their health will decrease. But when the uptake is too high health problems will also occur. (Not getting enough? You get sick. Getting “too much”? You get sick)

TCP – 1,2,3:  TCP-containing fumigants were used extensively by farmers in the production of a large variety of crops from the 1950s through the mid-1980s. In California, these fumigants (known by the trade names D-D and Telone) were among the most widely used pesticides in the history of the State, second only to sulfur…. In 1999, 1,2,3-TCP was added to the list of chemicals known to the state to cause cancer (Livingston sued Dow Chemical and netted about $9.5 million dollars to put towards removing the TCP from our Drinking Water)

mg/L: Milligrams per liter or Parts Per Million. 

ug/L: Micrograms per liter or Parts Per Billion, (ppb)

Parts per Billion, (ppb) – Imagine 13 drops of ink in one of the largest tanker trucks used to haul gasoline. That would be 13 Parts Per Billion of ink.

MCL: Maximum Contaminant Level – The highest level of a toxic substance allowed in Drinking Water. The Health & Safety Code §116365(a) requires California Department of Public Health to establish a contaminant’s MCL at a level as close to its PUBLIC HEALTH GOAL (PHG) as is technologically and economically feasible, placing primary emphasis on the protection of public health

  • If a toxic substance is higher than the Maximum Contaminant Level using a 4 QUARTER AVERAGE, a water purveyor has to figure out a way of reducing that number down to below the MCL, and/or come up with another source of water to deliver to it’s customers.

  • The Maximum Contaminant Level for Arsenic currently stands at 10 Parts Per Billion

  • We have at least 2 wells that are over the limit of 10 Parts Per Billion and others that are really close to going over that limit.

4 QUARTER AVERAGE: As is this example.

  • If quarterly testing for arsenic at Well A produced the following results in Parts Per Billion: 8.5, 9.9 , 10, 11

  • The 4 Quarter Average would be 9.85 Parts Per Billion.

RANGE: The Lowest and the Highest. Using the Above as our example,

  • The Range would be 8.5 – 11 Parts Per Billion

NOTIFICATION LEVEL – The level at which the State of California says the public needs to be notified about a contaminant in the Drinking Water

.

  • The Notification Level for TCP – 1,2,3 is 0.005 ug/L ( 0.005 Parts per Billion)

  • I’m not to crazy about decimals. So to “get rid” of the decimal, we move the decimal 3 places to the right and get 5 Parts per Trillion.

  • According to the Report by Kennedy Jenks, a significant number of Livingston’s wells produce water with TCP ABOVE the Notification Level.

Parts per Trillion (ppt):– Imagine 5 drops of detergent in enough dishwater to fill a string of railroad tank cars ten miles long. That would be 5 Parts Per Trillion of detergent.

RESPONSE LEVEL – The level of contamination at which the State of California says a well “should” be removed from service because of a potential threat to Public Health.

  • The RESPONSE LEVEL for TCP – 1,2,3 is 100x the Notification Level (therefore 500 Parts per Trillion).

  • According to the Report by Kennedy Jenks, some of Livingston’s wells produce water with TCP levels ABOVE the Response Level.

PUBLIC HEALTH GOAL –  Concentrations of drinking water contaminants that pose no significant health risk if consumed for a lifetime, based on current risk assessment principles, practices, and methods. (Translation: levels low enough that you should die of old age before any of that stuff would make you really sick or kill you)

1,2,3, TCP Industrial
A-1 Zoning Industrial Wastewater
AB 1234 Infrastructure
Allowed Use Joint Use
Assessed Property Values LAFCO
Audit Light Industrial
Audit Report Litigation
Bank Owned Properties Long-Term Debt Obligations
Benefit Assessment District Low Density Residential
Breach of Contract MAGPI
Brown Act Master Plan
Budget Maximum Contaminant Level (MCL)
California Public Records Act MCAG
Capital Improvements Medium Density Residential
Capital Projects Fund Memorandum of Understanding (MOU)
Cash Pool Mitigated Negative Declaration
Centralized Water Treatment Mixed Use
CEQA Modified Accrual Method of Accounting
Citizens Advisory Committee Municipal Code
Citizens Service Committee Notice of Action
City Limits Notice of Violation
City Manager Form of Government Notice of Preparation (NOP)
Closed Session Notification Level
Code Nuisance Abatement
Code Enforcement Officer Obligation Payment Schedule
COLA Open Meetings Law
Commercial Open Session
Commission Open Space Reserve
Common Sense Operating Deficit
Community Operation and Maintenance
Community Commercial Ordinance
Community Development Block Grant Percolation ponds
Community Facilities District Permitted Use
Community Service Planning Commission
Community Values Prevailing Union Wage Law
Community Vision Primary Drinking Water Standards
Confidentiality Proposition 218 Hearing
Conflict of Interest Public Comments
Consent Calendar Public Document Request
Constituent Qualified Audit Opinion
Contract Quorum
Cooperation Recusal
Department Redevelopment Area
Development Impact Fees Reflective Listening
Detection Level Regional Sewage Treatment Facility
Domestic Wastewater Response to the Grand Jury
Easements Restricted Fund
Education Revenue Augmentation Fund (ERAF) Retainer
Enterprise Zone Revenue
Environmentally Superior Alternative Revenue Sharing
Errors and Omissions right-of-way
Excused Absence Secondary Drinking Water Standards
Expenditure Serial Meeting
Fiduciary Funds Shared Use
Fiduciary Responsibility Site Design Review
Fiscal Impact Special Planning Area
Fiscal Year Special Revenue Fund
Fixed Assets Sphere of Influence
Form 700 Strike expense
Fund Successor Agency to the Redevelopment Agency
Fund Balance Tax Sharing Agreement
General Fund The Illegal 42′ Sewer Pipe
General Plan Triple flip
Generally Accepted Accounting Principals (GAAP) Union
Government Accounting Standards Board (GASB) Unqualified Audit Opinion
Government Code Unrestricted Fund
Grand Jury Report Urban Reserve
Grievance Warrant Register
Hearing Wellhead Treatment
Heritage Tree Ordinance Work in Lieu
High Density Residential Workers Compensation
Highway Commercial

One last thing. Please Mr./Ms. Council People of the future: when you do speak, please finish your first sentence before beginning a totally different one. Trying to follow some of the rambling trains of thought I hear regularly at Council Meetings gives me a headache.

Thank You.

Arsenic and Lawsuits, Workshops and Hearings; A Clean Up/Abatement Order from the Water Board, and a City Council Agenda

LIVINGSTON, CALIFORNIA 05/19/2014

Water quality monitoring conducted by the City since January 2008 revealed that the arsenic levels in the water produced by the City’s wells has increased. the city must develop a contingency plan to be used in the event that the water produced by the City’s wells exceeds the arsenic MCL.California Department of Public Health, 2011 Water System Inspection Report. 

Well No. 16 has been offline since September 2011 because the media in the arsenic removal treatment system has been exhausted . Well No. 13 is also offline due to arsenic at elevated levels but below the MCL. The City is currently flushing the well to waste and collecting a bacteriological cycle test and hopes to bring the well online by mid-April if the cycle test results are coliform negative.California Department of Health: City of Livingston 2013 Water System Inspection Report

The City is currently conducting a Feasibility Study to examine adding additional source capacity, adding additional storage capacity , and adding localized or centralized treatment to provide water that complies with all primary and secondary drinking water standards. Several of the City’s wells produce water with 1,2,3-TCP above the Notification Level. Many of the same wells produce water with arsenic approaching the MCL (Well No. 12), at the MCL (Wells Nos. 13 & 15), and over the MCL (Well No. 16). Thirdly , Well No. 15 produces water with excessive manganese levels. The City has opted to provide treatment for the latter rather than applying for a waiver from the Department. The Feasibility Study is expected to be completed by the end of April 2013 – Ibid

Council Member Espinoza commented that there have been many complaints about the water system and a rate increase is warranted to correct the problems June 19, 2007 Draft Meeting Minutes (Re -Bergman Rate Study)

“Mayor Samra commented that making a decision is not easy for him and he 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 (Water Rate Increases) be continued” January 15, 2008, Draft Meeting Minutes (Bergman Rate Study)

“[t]he City operates a community water system under California Water Permit No. 03-11-98P001. The City’s source of water supply is exclusively groundwater. The City currently has eight (8) active wells. The quality of the water produced by most of the City’s wells is marginal and in some cases it exceeds the maximum contaminant level (MCL) for constituents like arsenic or manganese. Well No. 13 has [except in 2010 and 2011 when Well No. 13 was not operated] been exceeding the arsenic MCL of 10 μg/l since 2010.”  – California River Watch v. City of Livingston 

The City of Livingston has been sued.

Because of the Arsenic Levels in our Groundwater.

More on that a little later. But First:

A FEW DEFINITIONS

Before we get started, I must state that I am neither a Scientist, Engineer, nor Chemistry Nerd. But I have been following Livingston’s Water Quality Woes for quite some time. And after attending meeting after meeting over the course of the past few years while watching City Council after City Council punt this issue down the road time after time, I think I have managed to pick up a bit of knowledge by osmosis.

I have also amassed a fair amount of documentation over the years, and I’ve done additional research online: some of which I will be referencing as we go along. (click the links for even more detail)

Please forgive me, documentation purists, if some of my links are to Wikepedia, Yahoo Answers and/or other “Non Scientific” type websites. This is not a University Level Discussion in “The Chemistry and Related Issues in Municipal Drinking Water”.  I  just want to get across a few basic ideas before the Proposition 218 Hearing that’s coming up on Tuesday.

PRIMARY DRINKING WATER STANDARDS address health concerns. (Things in the water that can make you sick or kill you if you drank enough of it over time)

SECONDARY DRINKING WATER STANDARDS – (things that make the water look and smell yucky, but might not necessarily make you sick or kill you) established to address issues of aesthetics (discoloration), not health concerns. In California secondary MCLs (Maximum Contaminant Levels) are enforceable.

UNREGULATED CONTAMINANTS –
Chemicals and stuff which do not yet have a Maximum Contaminant Level. (emphasis on “yet”) There is ongoing testing So the The Environmental Protection Agency can decide whether or not these contaminants occur often enough and at high enough levels to warrant further attention and/or regulation. (In other words, the Government is still debating the science about how much of that stuff will make you sick or kill you over time.)

ARSENIC – : a semi-metal element in the periodic table. It is odorless and tasteless. It enters drinking water supplies from natural deposits in the earth or from agricultural and industrial practices. 

CHROMIUM – 3 An Essential Trace Mineral, not to be confused with it’s deadlier cousin: Chromium – 6.

CHROMIUM – 6:  Chromium-6, or hexavalent chromium, is a naturally occurring metal. It is also used in several industrial processes. Chromium-6 has been known to cause cancer in humans when inhaled. In scientific studies in laboratory animals, chromium-6 has also been linked to cancer when ingested (Think “Erin Brokovich”)

MANGANESE: Manganese is a pinkish-gray, chemically active element. it is one out of three toxic essential trace elements, which means that it is not only necessary for humans to survive, but it is also toxic when too high concentrations are present in a human body. When people do not live up to the recommended daily allowances their health will decrease. But when the uptake is too high health problems will also occur. (Not getting enough? You get sick. Getting “too much”? You get sick)

TCP – 1,2,3:  TCP-containing fumigants were used extensively by farmers in the production of a large variety of crops from the 1950s through the mid-1980s. In California, these fumigants (known by the trade names D-D and Telone) were among the most widely used pesticides in the history of the State, second only to sulfur…. In 1999, 1,2,3-TCP was added to the list of chemicals known to the state to cause cancer (Livingston sued Dow Chemical and netted about $9.5 million dollars to put towards removing the TCP from our Drinking Water)

mg/L: Milligrams per liter or Parts Per Million. 

ug/L: Micrograms per liter or Parts Per Billion, (ppb)

Parts per Billion, (ppb) – Imagine 13 drops of ink in one of the largest tanker trucks used to haul gasoline. That would be 13 Parts Per Billion of ink.

MCL: Maximum Contaminant Level – The highest level of a toxic substance allowed in Drinking Water. The Health & Safety Code §116365(a) requires California Department of Public Health to establish a contaminant’s MCL at a level as close to its PUBLIC HEALTH GOAL (PHG) as is technologically and economically feasible, placing primary emphasis on the protection of public health

  • If a toxic substance is higher than the Maximum Contaminant Level using a 4 QUARTER AVERAGE, a water purveyor has to figure out a way of reducing that number down to below the MCL, and/or come up with another source of water to deliver to it’s customers.

  • The Maximum Contaminant Level for Arsenic currently stands at 10 Parts Per Billion 

  • We have at least 2 wells that are over the limit of 10 Parts Per Billion and others that are really close to going over that limit.

4 QUARTER AVERAGE: As is this example.

  • If quarterly testing for arsenic at Well A produced the following results in Parts Per Billion: 8.5, 9.9 , 10, 11

  • The 4 Quarter Average would be 9.85 Parts Per Billion.

RANGE: The Lowest and the Highest. Using the Above as our example,

  • The Range would be 8.5 – 11 Parts Per Billion

NOTIFICATION LEVEL – The level at which the State of California says the public needs to be notified about a contaminant in the Drinking Water.

  • The Notification Level for TCP – 1,2,3 is 0.005 ug/L ( 0.005 Parts per Billion)

  • I’m not to crazy about decimals. So to “get rid” of the decimal, we move the decimal 3 places to the right and get 5 Parts per Trillion.

  • According to the Report by Kennedy Jenks, a significant number of Livingston’s wells produce water with TCP ABOVE the Notification Level.

Parts per Trillion (ppt):– Imagine 5 drops of detergent in enough dishwater to fill a string of railroad tank cars ten miles long. That would be 5 Parts Per Trillion of detergent.

RESPONSE LEVEL – The level of contamination at which the State of California says a well “should” be removed from service because of a potential threat to Public Health.

  • The RESPONSE LEVEL for TCP – 1,2,3 is 100x the Notification Level (therefore 500 Parts per Trillion).

  • According to the Report by Kennedy Jenks, some of Livingston’s wells produce water with TCP levels ABOVE the Response Level.

PUBLIC HEALTH GOAL –  Concentrations of drinking water contaminants that pose no significant health risk if consumed for a lifetime, based on current risk assessment principles, practices, and methods. (Translation: levels low enough that you should die of old age before any of that stuff would make you really sick or kill you)

05012014 Water Bill Insert Page 1Having a basic understanding of these terms will comes in handy every now and then: like when open your “Water Bill” and find another in an ever growing series of “its not an emergency but we have to tell you about the Arsenic in the Drinking Water” notices.  (Or when you go to a Meeting, Hearing or Workshop about “What’s In Our Water and What We Plan To Do About It” and the Consultants and Engineers go on and on in what sounds like a Foreign Language to those of us who are not Math/Science Nerds.)

SO NOW, LET’S TALK A LITTLE ABOUT ARSENIC and that Lawsuit I mentioned earlier.

To start with, we’ve been getting “Warnings About Arsenic” in the Water Bills since at least July of last year: after Well #13 was brought back on line and it was discovered, oops, that it was testing just a little over the Maximum Contaminant Level for Arsenic.

According to the 2011 California Department of Public Health Water System Inspection Report (page 9), Well #13 “was offline because the motor had burned up and needed to be replaced” and “the well has been offline for approximately two years due to construction”.

Well Locations with Local LandmarksThe 2013 California Department of Public Health Water System Inspection Report (page 15) talked about City Wells that “produce water with arsenic approaching the MCL (Well No. 12), at the MCL (Well Nos. 13 & 15), and over the MCL (Well No. 16).

At the May 20, 2013 meeting of the Utility Rates Stakeholders Committee Meeting, members were notified that Well #13 was running a little high on Arsenic and would likely need to have an Arsenic Filtration System installed.

Arsenic Compliance OrderAt the June 03, 2013 meeting of the Utility Rates Stakeholders Committee, members were informed that the California Department of Public Health had issued a Compliance Order For Violation of the Arsenic Maximum Contaminant Level

Page 8About December 10, 2013, California River Watch notified the City of Livingston of their intention to file suit under the Safe Drinking Water Act. At the very next City Council Meeting, the number of Cases of Potential Litigation to be discussed in Closed Session increased from 3 (as on November 19th) to 4. 

Page 1That Livingston finally ended up with a Compliance Order for Violating the Arsenic Maximum Contaminant level should be no real surprise to anyone who has been paying attention to Livingston’s Water Quality Woes.

Arsenic, and the need for filtration was a Topic of Discussion in the 2007/2008 Bergman Rate Study.  It was also a component in the 2009 Rate Study done by Raftelis Financial Consultants.

imageMaybe it is just coincidence that California River Watch decided to sue the City of Livingston about Violating the Arsenic Standard right around the same time we are getting ready for our THIRD round of Water Rate Studies and Proposition 218 Hearings in 6 years or so…..But

According to the Merced Sun Star, David Weinsoff, an attorney retained by California River Watch, stated

“There are senior citizens and children who are drinking this water, those that have compromised health systems that are drinking this water,” he said. “I frankly don’t see why the city doesn’t figure out who is most affected by the arsenic and provide water bottles or another alternative water source.”

And

Weinsoff said the goal of the lawsuit is to order the city to address the problem sooner than the deadline issued by the state and to notify at-risk residents, such as children and the elderly, when the city is out of compliance with maximum contaminant levels.

Maybe, just maybe, considering Livingston’s long history of Cycling through Hearing after Hearing, Consultant after Consultant, and Study after Study, California River Watch decided to invoke a “Higher Power” to make sure something actually gets done this time around.

FOR THOSE OF YOU WHO MISSED THE “WATER RATE” WORKSHOPS last month, and would like to see a copy of the Power Point Presentations, you can click on the following.

Water And Sewer Rate Study Community Workshop #1 April 8th, 2014: English

Water And Sewer Rate Study Community Workshop #2 April 10th, 2014: Spanish

Water And Sewer Rate Study Community Workshop #3 April 22nd, 2014: Punjabi

  • TO READ A COPY OF THE RATE STUDY in English, Spanish and/or Punjabi, you can go to:

    FOR EVEN MORE ON THE HISTORY OF LIVINGSTON’S WATER QUALITY WOES, I offer the following:

  • Salmonella, Arsenic, TCP and Manganese, A Timeline About Water Issues, and a City Council Agenda 

  • California Water Board Clean Up and Abatement Order – July 21, 2012 – Industrial Wastewater Treatment Facility

  • 2 Rate Studies, 4 Rate Consultants, 1 Recall Election, 3 Rate Rollbacks, 1 Rate Committee, 1 New City Manager, 1 New Public Works Director, 1 Public Relations Firm and 1 Report by Kennedy Jenks (And a City Council Agenda) (I should probably mention at this point that the City of Livingston is now looking for Yet Another Public Works Director..anyone want to take bets about how long this one will last? )


  • 2008 City of Livingston Water Rate Study Presentation: Dan Bergmann, Interstate Gas Services, Inc.

  • 2009 City of Livingston Wastewater and Solid Waste (Garbage) Rate Study: Raftelis Financial Consultants

  • 2009 City of Livingston Water Rate Study: Raftelis Financial Consultants, Inc. 

  • California Department of Health – Compliance Order For Violation of the Arsenic Maximum Contaminant Level: May 16, 2013

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

  • California Department of Health: City of Livingston 2011 Water System Inspection Report

  • California Department of Health: City of Livingston 2013 Water System Inspection Report


  • Feasibility Analysis For A Sustainable Water Treatment Strategy–Kennedy Jenks Consultants

  •  

    CITY COUNCIL REGULAR MEETING AGENDA

    MAY 20, 2014

    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 April 15, 2014, 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 Council Chambers 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 Successor Agency to the Redevelopment Agency of the City of Livingston 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 Council Chambers located at 1416 C Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 1416 C Street, Livingston,

    California.


    3. Public Employee Performance Evaluation

    (Government Code Section 54957(b)(1))

    Title: City Manager

    4. Conference with Labor Negotiator

    (Government Code Section 54957.6)

    Labor Negotiator: Jose M. Sanchez, City Attorney

    Unrepresented Employee: City Manager


    5. Conference with Legal Counsel – Potential Litigation

    [(Government Code Section 54956.9(d)(2)]

    Number of Cases: 2

    6. Conference with Labor Negotiator

    (Government Code Section 54957.6)

    Labor Negotiator: City Manager Jose Antonio Ramirez

    Employee Organizations: All Represented City Employees


    Regular Meeting


    CALL TO ORDER


    Roll Call. Next Resolution No. 2014-22

    Next Ordinance No. 619

    Pledge of Allegiance.


    Closed Session Announcements

    Changes to the Agenda.

    AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS


    1. Presentation by City Manager Jose Antonio Ramirez: 20 Year Service Pins to Danna Rasmussen, Senior Administrative Analyst, and Debbie Parrott, Senior Account Clerk.


    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. An Ordinance of the City Council of the City of Livingston Adopting a New Rate Schedule for Water Service – Proposition 18 Hearing.

    3. Resolution and Ordinance of the City Council of the City of Livingston Adopting a New Rate Schedule for Domestic Wastewater Service (Sewer Service) – Proposition 218 Hearing.


    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. Waive the Second Reading and Adopt Ordinance No. 613 of the City Council of the City of Livingston Amending the Livingston Municipal Code Title 4, “Building Regulations,” to Add Chapter 4-7 Establishing a Regional Transportation Impact Fee (RTIF).

    5. Approval of Warrant Register Dated May 1, 2014.

    6. Approval of Warrant Register Dated May 15, 2014.


    DISCUSSION AND POTENTIAL ACTION ITEMS


    7. Introduce and Waive the First Reading of Ordinance No. 616 of the City Council of the City of Livingston Adopting Amendments to Title 4, Chapter 1 of the Livingston Municipal Code Pertaining to the Livingston Building Code, and Ordinance No. 617 Adopting Amendments to Title 7, Chapters 1, 2, 4 and 5 of the Livingston Municipal Code Pertaining to the Livingston Fire Code and Related Changes.

    8. Introduce and Waive the First Reading of Ordinance No. 618 of the City Council of the City of Livingston Amending the Livingston Municipal Code to Repeal Title 9, Chapter 7, Entitled “CATV Franchise” in its Entirety.


    9. Direct City Engineer to Design and Prepare Plans of Scope of Work for Water Line Improvement Project Phase III.


    ADJOURNMENT