Ok folks, looks like we are heading into the “home stretch” on this. It’s a Monster of a Post, but at least skim through it.
And…while were on it, can we talk?
If you have been following along for the last few weeks, you KNOW “the water rate issue” has been put off for a long, long time.
And like a suspicious spot that is ignored and turns into a raging cancer, the “fix” is gonna be painful and expensive. No way around it.
And it looks like an ugly split has built up in the new council, despite all the campaign promises of “promoting unity” and “working together for the greater good” yada, yada, yada,
Soo….since we will have waded through the past together….for purposes of this coming Tuesday, could we all just
· Breath
· Quit Acting Like Such Big Babies
· Put down the “blame throwers” and have a rational adult conversation?
Or is that just too much to ask?
Ready for some more “perspective”?
Here we go….(some of the links you might want to go to later…but at least you’ll have a decent grasp on the “most recent, recent” history and some of the “personalities” involved)
October 2008
· October 07, City Council Hearing on Revised Public Draft 2025 General Plan and Draft Environmental Impact Report (EIR).
o Motion: M/S Samra/Ingram to continue this matter to the meeting of October 21, 2008. The motion carried 5-0.
· October 21, Public Hearing–Approval of the Environmental Impact Report (EIR) for the 2025 General Plan Update Project, and Approval of the 2025 General Plan Update
o Motion: M/S Ingram/Espinoza to adopt Resolution No. 2008-55 approving the Environmental Impact Report (EIR) for the 2005 General Plan Update Project, and the 2005 General Plan Update. The motion carried 5-0 by the following vote:
· AYES: Council Members: Espinoza, Ingram, Samra, Soria, Vierra
· NOES Council Members: None
· Campaigning for November Election in “High Gear”
o Related Posts and Sources
· https://thegardeningsnail.wordpress.com/2008/10/04/so-you-think-you-cangovern/
· https://thegardeningsnail.wordpress.com/2008/10/10/from-the-city-council-meeting-october-7-2008/
· https://thegardeningsnail.wordpress.com/city-of-livingston/2008-draft-minutes/october-7-2008/
· https://thegardeningsnail.wordpress.com/city-of-livingston/2008-draft-minutes/october-21-2008/
· https://thegardeningsnail.wordpress.com/general-plan-comments-and-petitions-summary/
· https://thegardeningsnail.wordpress.com/2008/11/01/candidates-night-at-the-monte-cristo/
· https://thegardeningsnail.wordpress.com/2008/10/14/not-quite-all-the-candidates-night/
· https://thegardeningsnail.wordpress.com/2008/10/27/not-quite-all-the-candidates-night-part-2/
November, 2008
· Election of new mayor and council members. Near “dead heat” between Ray Soria and Frank Vierra postpones seating of new members until provisional/absentee ballots are counted.[i][ii]
· No Public Hearings
· Most business postponed to next council meeting
· Related Posts and Sources
o https://thegardeningsnail.wordpress.com/2008/11/30/city-council-reorganization-alert/
o https://thegardeningsnail.wordpress.com/city-of-livingston/2008-draft-minutes/november-182008/
December 2008
· December 02, 2008
o Seating of new Mayor and Council Members
o CITY COUNCIL REORGANIZATION
· 7. Nomination and Election of Mayor Pro-Tempore. The Mayor stated his reasons for recommending to the City Council that Frank Vierra be appointed Mayor Pro-Tempore.
· Motion: M/S Varela/Nateras to nominate and elect Frank Vierra as Mayor Pro-Tempore.
· Council Member Aguilar asked if there could be additional nominations. She nominated Council Member Rodrigo Espinoza. Council Member Espinoza seconded the motion.
· City Manager Warne asked the City Attorney which motion should the City Council vote on first.
· City Attorney Subramanian said the Council should vote on the most recent motion. Rodrigo Espinoza was elected Mayor Pro-Tempore by a vote of 5-0.
· 8. Discuss and Make City Council Appointments to City Boards, Commissions and Committees. Mayor Varela requested this item be postponed to the next meeting.
· Motion: M/S Nateras/Espinoza to postpone the item to the regular meeting of December 16, 2008. The motion carried 5-0.
o DISCUSSION AND POTENTIAL ACTION ITEMS
· 13. City Council Guidance on Planning Commission Appointments. Motion: M/S Espinoza/Vierra to advertise the two vacancies in the usual manner. The motion carried 5-0.
· 14. City Council Guidance on Selection and Appointment of City Clerk. City Manager Warne outlined two options from which the Council could choose:
· 1. The City Council could advertise, interview and appoint a City Clerk.
· 2. The City Council could appoint a City Clerk from among its regular City employees.
· Motion: M/S Varela/Espinoza to select option #2.
o The motion carried 5-0.
· 15. Introduce and Waive First Reading of an Ordinance Amending Title 9, Chapter 5 of the Livingston Municipal Code Relating to Establishing Policies, Rules and Regulations Governing the Provision of Water Services in the City of Livingston.
· Motion: Vierra/Varela to introduce and waive the first reading of Ordinance No. 576, an Ordinance Amending Title 9, Chapter 5 of the Livingston Municipal Code Relating to Establishing Policies, Rules and Regulations Governing the Provision of Water Services in the City of Livingston. The motion carried 5-0:
· 16. City of Livingston – Independent Auditor’s Report and Financial Statements June 30, 2008 and City of Livingston Local Transportation Development Act Fund – Independent Auditor’s Report and Financial Statements.
· Motion: M/S Vierra/Varela to accept and approve the City of Livingston’s Independent Auditor’s Report and Financial Statements for the period ending June 30, 2008, and the City of Livingston’s Local Transportation Development Act Fund Independent Auditor’s Report and Financial Statements. The motion carried 5-0.
· December 16, 2008
o CLOSED SESSION
· 1. Conference with Legal Counsel—Existing Litigation
· Merced County Farm Bureau v. City of Livingston, Valley Advocates v. City of Livingston.
· 2. Conference with Legal Counsel—Anticipated Litigation
· (2 cases)
o CLOSED SESSION ANNOUNCEMENTS
· The City Council voted 5-0 to retain the firm of Kronick Moskovitz Tiedemann and Gerard of Sacramento to handle all matters pertaining to any City General Plan litigation or General Plan Environmental Impact Report (EIR).
o AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
· 5. City Council Appointments to City Boards, Commissions and Committees.
· Motion: M/S Aguilar/Nateras to appoint Mayor Varela as the City’s representative on the Merced County Association of Governments (MCAG) Governing Board. The motion carried 5-0.
· Motion: M/S Nateras/Aguilar to appoint Mayor Pro-Tem Espinoza as the alternate member on the Merced County Association of Governments (MCAG) Governing Board. The motion carried 5-0.
· Motion: M/S Vierra/Nateras to appoint Mayor Pro-Tem Espinoza as the City liaison to the Merced County Local Agency Formation Commission (LAFCO). The motion carried 5-0.
· Motion: M/S Nateras/Aguilar to appoint Council Member Vierra as the City representative to the Central Valley Division League of California Cities (CVDLCC). The motion carried 5-0.
· Motion: M/S Vierra/Varela to appoint Council Member Nateras as the alternate representative to the Central Valley Division League of California Cities (CVDLCC). The motion carried 5-0.
· Motion: M/S Vierra/Espinoza to appoint Council Member Nateras as the City liaison to the Livingston Planning Commission. The motion carried 5-0.
· Motion: M/S Espinoza/Varela to appoint Council Member Aguilar to the City Warrant Review Committee. The motion carried 5-0.
· Motion: M/S Aguilar/Varela to appoint Mayor Pro-Tem Espinoza to the City Warrant Review Committee. The motion carried 5-0.
· Motion: M/S Espinoza/Nateras to appoint Council Member Aguilar as the City liaison to the Livingston Parks and Recreation Commission. The motion carried 5-0.
· Motion: M/S Aguilar/Vierra to appoint Council Member Nateras as the City liaison to the Livingston Citizens’ Advisory Committee. The motion carried 5-0.
· Motion: M/S Espinoza/Varela to appoint Council Member Vierra as the City liaison to the Court Theater Committee. The motion carried 5-0.
· Motion: M/S Vierra/Varela to appoint Council Member Aguilar as the City liaison to the Court Theater Committee. The motion carried 5-0.
· 6. Appointment of a City Council Member and Alternate to the Special City Selection Committee.
· Motion: M/S Vierra/Nateras to appoint Mayor Varela as the City’s representative for the Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board. The motion carried 5-0.
· Motion: M/S Aguilar/Varela to appoint Mayor Pro-Tem Espinoza as the alternate member on the Special City Selection Committee for the San Joaquin Valley Air Pollution Control Board. The motion carried 5-0.
· 7. Merced Union High School District Presentation.
· Incluided a Proposal – Close Peach Street at Seventh and Main Street verses the rerouting of Peach Street.
· City Manager noted several alternatives have been considered by the Livingston City Council, but the Mayor and City Council had not made a decision. They are:
· 1. Close Peach Avenue at Seventh Street and Main Street.
· 2. Close Peach Avenue at Seventh Street and Main Street and reroute Peach Avenueto the south.
· 3. Raise Peach Avenue at Seventh Street and Main Street.
· 4. Widen Peach Avenue where it exists and install a pedestrian overpass.
o DISCUSSION AND POTENTIAL ACTION ITEMS
· 11. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Codifying Civil Code Section 2929.3 Relating to Failure to Maintain Vacant Residential Real Properties in Foreclosure.
· Council Member Aguilar requested side-by-side of ordinance comparison in order to make a decision.
o City Manager noted the City usually provides an underlined strike-out version that shows changes to Council for comparison in the event there is an existing ordinance. In this case, there is no existing ordinance.
· Mayor Pro-Tem Espinoza requested a draft copy of the ordinance be provided to the Council several weeks prior to the meeting in order to have additional time to review.
· M/S Espinoza/Aguilar to postpone this item to the next regular meeting. The motion failed to carry by a vote of 3-2.
o AYES: Council Members: Espinoza, Aguilar
o NOES: Council Members: Nateras, Varela, Vierra
· Motion: M/S Vierra/Nateras to waive the first reading of Ordinance No. 577, an Ordinance of the City Council of the City of Livingston Codifying Civil Code Section 2929.3 Relating to Failure to Maintain Vacant Residential Real Properties in Foreclosure.
· The motion carried 3-2 by the following vote:
o AYES: Council Members: Nateras, Varela, Vierra
· 12. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Establishing Policies, Rules and Regulations Governing Grading, Erosion and Sedimentation Control and Adding Chapter 6 to Title 4 of the Livingston Municipal Code.
· Motion: M/S Vierra/Nateras to waive the first reading of Ordinance No. 578, an Ordinance of the City of Livingston Establishing Policies, Rules and Regulations Governing Grading, Erosion and Sedimentation Control and Adding Chapter 6 to Title 4 of the Livingston Municipal Code. The motion 3-2 by the following vote:
o AYES: Council Members: Nateras, Varela, Vierra
o NOES: Council Members: Aguilar, Espinoza
· 13. Resolution Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974.
· Motion: M/S Espinoza/Nateras to table this item to the next regular meeting.
o The motion carried 5-0.
· 14. City Council Guidance on Appointments to the Citizens’ Advisory Committee and Parks and Recreation Commission.
· City Manager stated that the terms of members of the Citizen’s Advisory Committee and Parks and Recreation Commission expire on January 31, 2009.
· Motion: M/S Varela/Vierra to advertise the vacancies in the usual manner of newspaper articles, posting, the City website and the community cable access channel.
· Related Posts and Sources
o https://thegardeningsnail.wordpress.com/city-of-livingston/2008-draft-minutes/december-2-2008/
o https://thegardeningsnail.wordpress.com/city-of-livingston/2008-draft-minutes/december-16-2008/
January 2009
· AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
o 3.Housing Element Update Presentation.
o 4. Status Report on U.S. Department of Housing and Urban Development HOME Grant.
· PUBLIC HEARINGS
o Resolution of the City Council of the City of Livingston Authorizing the City Manager to Enter into a Joint Powers Agreement (JPA) or Memorandum of Understanding (MOU) Between the City of Livingston and the County of Merced Authorizing the County to Submit an Application for Funding on Behalf of the City under the Neighborhood Stabilization Program (NSP) Allocation of the State Community Development Block Grant Program (CDBG).
§ Motion: M/S Vierra/Nateras to adopt Resolution No. 2009-1, Authorizing the City Manager to Enter into a Joint Powers Agreement (JPA) or Memorandum of Understanding (MOU) Between the City of Livingston and the County of Merced Authorizing the County to Submit an Application for Funding on Behalf of the City under the Neighborhood Stabilization Program (NSP) Allocation of the State Community Development Block Grant Program (CDBG). The motion carried 5-0 by the following vote:
· AYES: Council Members: Aguilar, Espinoza, Nateras, Varela, Vierra
· NOES: Council Members: None
· DISCUSSION AND POTENTIAL ACTION ITEM
· (13) Consideration of Merced Union High School District’s Request to Close Peach Avenue, Designate which Street Alternative the City Council is Interested in Pursuing and Provide Guidance to City Staff and the Merced Union High School District.
o Council Members Nateras and Vierra declared a Conflict of Interest and left the Council Chambers during discussion of this item. Both Council Members are employed by the Merced Union High School District.
o Motion: M/S Varela/Espinoza to eliminate Option 1 (closing Peach Avenue) and continue this item to the next meeting. The motion carried 3-0 by the following vote:
§ AYES: Council Members: Aguilar, Varela, Vierra
§ NOES: Council Members: None
§ ABSENT: Council Members: None
§ ABSTAIN: Council Members: Nateras, Vierra
o Council Members Nateras and Vierra returned to the Council Chambers at 9:02 p.m. to resume participation in the remainder of the meeting.
· (14) Introduce and Waive the First Reading of an Ordinance of the Livingston City Council Amending Sections 2-1-2, 2-2-3, 2-3-3, 2-4-3 of the Livingston Municipal Code to Require the Automatic Vacancy of Members of City Boards, Commissions, Committees and Other Bodies Created by the City Council for Failing to Attend Meetings.
o Motion: M/S Varela/Vierra to continue this item to the next regular meeting. The motion carried 5-0.
· (15).Resolution Delaying Enforcement of Livingston Municipal Code (LMC) Section 5-6-5 Concerning Vacant Nonconforming Residential Units in the Downtown Commercial Zoning District (DTC) for Two (2) Years.
o Mayor Pro-Tem Espinoza left the Council Chambers during discussion and voting on this item due to a conflict of interest.
o Motion: M/S Varela/Aguilar to adopt Resolution No. 2008-4, Delaying Enforcement of Livingston Municipal Code (LMC) Section 5-6-5 Concerning Vacant Nonconforming Residential Units in the Downtown Commercial Zoning District (DTC) for Two (2) Years. The motion carried 4-1 by the following vote:
§ AYES: Council Members:Aguilar, Nateras, Varela, Vierra
§ NOES: Council Members:None
§ ABSENT: Council Members: None
§ ABSTAIN: Council Members: Espinoza
Related Posts and Sources
§ https://thegardeningsnail.wordpress.com/city-of-livingston/2009-cc-minutes/january-20-2009/
February 2009
§ February 03, 2009
· PUBLIC HEARINGS
o 3.Public Comment on Various Alternatives for Peach Avenue in the Vicinity of Livingston High School as part of the Livingston High School Bond Expansion and Designation of Which Street Alternative the City Council is Interested in Pursuing.
§ Council Members Nateras and Vierra declared a conflict of interest and left the Council Chambers. Both are employed by the Merced Union High School District.
§ No action taken by council
§ Council Members Nateras and Vierra returned to the Council Chambers at 8:15 p.m,
· DISCUSSION AND POTENTIAL ACTION ITEM
o 6. Introduce and Waive the First Reading of an Ordinance of the Livingston City Council Amending Sections 2-1-2, 2-2-3, 2-3-3, 2-4-3 of the Livingston Municipal Code to Require the Automatic Vacancy of Members of City Boards, Commissions, Committees and Other Bodies Created by the City Council for Failing to Attend Meetings.
§ Motion: M/S Varela/Vierra to Introduce and Waive the First Reading of an Ordinance of the Livingston City Council Amending Section 2-1-2, 2-2-3, 2-3-3, 2-4-3 of the Livingston Municipal Code to Require the Automatic Vacancy of Members of City Boards, Commissions, Committees and Other Bodies Created by the City Council for Failing to Attend Meetings. The motion carried 3-2 by the following vote:
· AYES: Council Members: Nateras, Varela, Vierra
· NOES: Council Members: Aguilar, Espinoza
· ABSENT: Council Members: None
o 7. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Section 2-2-2(A) of the Livingston Municipal Code to Provide for the Appointment of an Alternate Member to the Planning Commission.
§ Motion: M/S Varela/Nateras to Waive the First Reading and Introduce Ordinance No. 580, an Ordinance of the City Council of the City of Livingston Amending Section 2-2-2(A) of the Livingston Municipal Code to Provide for the Appointment of an Alternate Member to the Planning Commission. The motion carried 5-0 by the following vote:
· AYES: Council Members: Aguilar, Espinoza, Nateras, Varela, Vierra
· NOES: Council Members: None
· ABSENT: Council Members: None
o 8. Discussion and City Council Guidance on Proposed Professional Services Agreement Between the City of Livingston and Bureau Veritas North America, Inc. for Building Inspection and Code Enforcement Services
§ Motion: M/S Varela/Nateras to approve a Professional Services Agreement between the City of Livingston and Bureau Veritas North America, Inc. for building inspection and code enforcement services. The motion carried 5-0.
o 9. Consideration of Grand Jury Postscript to FY 2007-08 Grand Jury Report.
§ Mayor Pro-Tem Espinoza excused himself and left the Council Chambers at 9:28 p.m.
· Motion: M/S Varela/Aguilar to direct the City Attorney to solicit bids from individuals and/or firms to conduct an independent administrative and operational inquiry regarding certain allegations in the Grand Jury transcript and authorize the City Attorney to select the consultant and authorize the inquiry. The motion carried 4-0.
§ Mayor Pro-Tem Espinoza returned to the Council Chambers at 9:45 p.m.
· February 17, 2009
o AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
§ 4. Planning Commission Appointments.
· Mayor Varela announced that Martin Silva a member of the Planning Commission had resigned. He suggested that staff be directed to reopen and extend the application period and solicit additional applications
§ Motion: M/S Vierra/Aguilar to reopen the application period, accept applications and conduct interviews. The motion carried 5-0.
§ 5. Water Rate Study Presentation by Raftelis Financial Consultants, Inc. and Authorization for Public Hearing.
· Sudhir Pardiwala from Raftelis Financial Consultants, Inc. presented a power point presentation on the Water Rate Study
· Motion: M/S Varela/Vierra to authorize the City Manager to advertise and schedule Proposition 218 Public Hearing. The motion carried 5-0.
§ 6. Domestic Wastewater Rate Study Presentation by Raftelis Financial Consultants, Inc. and Authorization for Public Hearing.
· The Wastewater Rate Study was presented by Sudhir Pardiwala from Raftelis Financial Consultants, Inc.
· Motion: M/S Varela/Vierra to authorize the City Manager to schedule a Proposition 218 Public Hearing. The motion carried 5-0.
§ 7. Solid Waste Rate Study Presentation by Raftelis Financial Consultants, Inc. and Authorization for Public Hearing.
· The Solid Waste Rate Study was presented by Sudhir Pardiwala from Raftelis Financial Consultants, Inc.
· Motion: M/S Vierra/Nateras to authorize the City Manager to schedule a Proposition 218 Public Hearing. The motion carried 5-0.
§ 8. Livingston High School Emergency Preparedness Planning – Hector Bravo.
o (Pulled from the) CONSENT CALENDAR
§ 11. Resolution Authorizing the City Manager to Enter into an Agreement with URS Corporation for the Environmental Assessment of the Foster Farms Rendering Plant Project Site.
· Mayor Varela declared a conflict of interest and did not participate in discussion or voting on Item #11.
· Motion: M/S Vierra/Nateras to approve Item #11, Resolution No. 2009-5, a Resolution Authorizing the City Manager to Enter into an Agreement with URS Corporation for the Environmental Assessment of the Foster Farms Rendering Plant. The motion carried 4-0 by the following vote:
§ AYES:Council Members: Aguilar, Espinoza, Nateras, Vierra
§ NOES: Council Members: None
§ ABSENT: Council Members: None
§ ABSTAIN: Council Members: Varela
§ 12. Resolution for the Acceptance of the Proposition 13 Water Line and Alleyway Paving Improvements, Authorizing the City Clerk to Record a Notice of Completion with Merced County and Authorizing the City Manager to Release Performance and Material Bonds and to Make Final Payment of Retention Monies to Preston Pipelines, Inc.
· Motion: M/S Nateras/Aguilar to continue this item to the next regular meeting. The motion carried 5-0.
Related Posts and Sources
§ https://thegardeningsnail.wordpress.com/city-of-livingston/2009-cc-minutes/february-3-2009/
§ https://thegardeningsnail.wordpress.com/city-of-livingston/2009-cc-minutes/february-17-2009/
March 2009
§ March 03, 2009
o AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
§ 4 Appointment of Planning Commissioners.
§ Mayor Varela made a motion to approve Resolution No, 2009-6 appointing
· Roy Soria and Leticia Soto to a four-year term on the Planning Commission commencing January 1, 2009
· Appointing Kaye Greeley to fill the unexpired term of Martin Silva which ends on December 31, 2010, and
· Appointing Manoj Bains as an alternate member of the Planning Commission for a four-year term commencing on January 1, 2009.
· The motion was seconded by Council Member Vierra and carried 3-2, with Mayor Pro-Tem Espinoza and Council Member Aguilar voting no.
§ (Mayor Pro-Tem Espinoza verbally resigns from position of Pro-Tem)
o PUBLIC HEARINGS
§ 5. Resolution to Adopt an Initial Study and Mitigated Negative Declaration and Approve Site Plan/Design Review 2008-1 for the Foster Farms Industrial Wastewater Treatment Plant (FFIWWTP
· Mayor Varela declared a conflict of interest, excused himself and left the Council Chambers.
· City Attorney Subramanian asked that, since Mr. Espinoza relinquished his position as Mayor Pro-Tempore, was there a Council volunteer to run the meeting during this item? She suggested the most senior City Council person. Council Member Vierra said he would chair the meeting during this item.
§ Motion: M/S Espinoza/Nateras to adopt Resolution No. 2009-07, Adopting an Initial Study and Mitigated Negative Declaration and Approving Site Plan Design Review 2008-1 for the Foster Farms Industrial Wastewater Treatment Plant (FFIWWTP). The motion carried 4-1 by the following vote:
· AYES: Council Members: Aguilar, Espinoza, Nateras, Vierra
· NOES: Council Members: None
· ABSENT: Council Members: None
· ABSTAIN: Council Members: Varela
§ Mayor Varela returned to the Council Chambers at 8:30 p.m.
o DISCUSSION AND POTENTIAL ACTION ITEMS
§ 9. City Council Policy Guidance on Mens Baseball Registration Fees.
o 10. City Manager Announcements and Reports.
§ Water, Wastewater and Solid Waste Rates Proposed Public Information Meeting.
· A public hearing will be held on April 21 on the rate increases. It has been suggested that a public information meeting be held before this date.
· Asked the Council to make suggestions. Mayor Varela recommended March 26. Staff agreed with this date.
o The public information meeting (town hall meeting) will be scheduled for March 26, at 7:00 p.m.
§ Staff will also send out a one page notice regarding the town hall meeting to everyone in English, Spanish and Punjabi.
§ March 17, 2009
o CLOSED SESSION
§ 1. Conference with Real Property Negotiator—Government Code Section 54956.8.
· Property: APN: 047-180-031.
· Negotiating Parties: City Manager.
· Under Negotiation: Price, Terms of Payment.
§ 2. Non-Management Public Employee Discipline/Dismissal/Release Pursuant to Government Code Section 54957.
o OPEN SESSION
o CHANGES TO THE AGENDA
§ Mayor Varela requested that Item #6 on the consent calendar be pulled for discussion.
§ AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
· 5. Appointment of Mayor Pro-Tempore.
· Mayor Varela explained that the City Council had voted 5-0 after the last election to appoint Rodrigo Espinoza as Mayor Pro-Tempore in a sign of unity.
o Rodrigo Espinoza resigned as the Mayor Pro-Tempore at the regular meeting of March 3, 2009.
· Mayor Varela read a letter later submitted by Mr. Espinoza, withdrawing his resignation (and) stated that the decision regarding the Mayor Pro-Tempore was up to the City Council.
· Mayor Varela made motion for Frank Vierra to be appointed as Mayor Pro-Tempore. The motion was seconded by Council Member Nateras and carried 4-1, with Council Member Aguilar voting no
o (Pulled from the ) CONSENT CALENDAR
§ 6. Approval of Merced County Association of Governments (MCAG) Work Program and Budget for Fiscal Year 2009/2010.
· Mayor Pro-Tem Vierra presented the item and asked MCAG Executive Director Jesse Brown to provide an overview. Mr. Brown described the work of MCAG and explained how the money from local governments benefits the area.
o Motion: M/S Varela/Espinoza to approve the Merced County Association of Governments Work Program and Budget for Fiscal Year 2009/2010. The motion carried 5-0.
o DISCUSSION AND POTENTIAL ACTION ITEMS
§ 13. Purchase of Police Protective Vests with Matching Grant from the Office of Justice Programs (OJP) Bullet Proof Vest Program (BVP).
· Motion: M/S Nateras/Vierra to approve the purchase of Police protective vests with matching grant from the Office of Justice Programs (OJP) Bullet Proof Vest Program (BVP). The motion carried 5-0.
§ 14. Travel Allowances and Business Expenses Reimbursement Policies and Procedures.
· Motion: M/S Vierra/Nateras to approve the Travel Allowance and Business Expenses Reimbursement Polices and Procedures. The motion carried 5-0.
Related Posts and Sources
§ https://thegardeningsnail.wordpress.com/city-of-livingston/2009-cc-minutes/march-3-2009/
§ https://thegardeningsnail.wordpress.com/city-of-livingston/2009-cc-minutes/march-17-2009/
April, 2009
§ April 7, 2009
o CLOSED SESSION
§ 1. Conference with Legal Counsel—Anticipated Litigation.
· Government Code Section 54956.9(b).
· Significant Exposure to Litigation (1 Case).
o OPEN SESSION
o PUBLIC HEARINGS
§ 5. Resolution to Adopt the Initial Study and Mitigated Negative Declaration for the Livingston Sports Complex Project.
· Motion: M/S Vierra/Espinoza to adopt Resolution No. 2009-11, Adopting the Initial Study and Negative Declaration for the Livingston Sports Complex. The motion carried 5-0 by the following vote:
o AYES: Council Members: Aguilar, Espinoza, Nateras, Varela, Vierra
o NOES: Council Members: None
o ABSENT: Council Members: None
o DISCUSSION AND POTENTIAL ACTION ITEMS
§ 11. Authorization to Establish a Community Garden Adjacent to the Livingston Sports Complex and Enter into a Community Garden Use Agreement Between the City of Livingston and the Merced County Hunger Task Force.
· Motion: M/S Nateras/Espinoza to Authorize and Establish a Community Garden Adjacent to the Livingston Sports Complex and Enter into a Community Use Agreement Between the City of Livingston and the Merced County Hunger Task Force. The motion carried 5-0.
§ 12. Authorization to Televise City Council Meetings, Purchase Equipment and Prepare Video Productions of City Events to Show on Public Access Channels.
· Motion: M/S Varela/Aguilar to Authorize the Televising of City Council Meetings, Purchase Equipment and Prepare Video Productions of City events to Show on the Public Access Channels. The motion carried 3-2, with Mayor Pro-Tem Vierra and Council Member Nateras voting no.
§ 13. Consideration of Response to Grand Jury Postscript to FY 2007-08 Grand Jury Report and City’s Operational Inquiry Report.
§ Mayor Varela made a motion that the City Attorney write a letter to the Grand Jury stating that the City Council is not satisfied with the investigation report and ask for an extension so that we can get a real report and a real investigation that can be sent to the Fair Political Practices Commission (FPPC). Council Member Nateras seconded the motion. The motion carried by the following vote:
· AYES: Council Members: Aguilar, Nateras, Varela, Vierra
· NOES: Council Members: None
· ABSTAIN: Council Members: Espinoza.
§ April 21, 2009
o CLOSED SESSION
§ 1. Conference with Legal Counsel—Anticipated Litigation.
· Government Code Section 54956.9(b).
· Significant Exposure to Litigation (1 Case).
o OPEN SESSION
§ 3. Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Water Service Fees.
· Subitem A–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 1.
· Subitem B–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 2.
· Subitem C–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 3.
o this item was to consider potential increases in rates for water service fees. The water rates have not been raised since 1995.
o Pursuant to Proposition 218, the revenues derived from the proposed service fees will not exceed the amount required to provide water services and will not exceed the proportional cost to provide service to each parcel.
o The proposed service fee will not be imposed on parcels unless the water service is used by or immediately available to the parcels.
· After much discussion Council Member Aguilar made a motion to continue the public hearing to the next City Council meeting
o Council Member Nateras seconded the previous motion made by Council Member Aguilar to continue the public hearing to the next meeting. The motion failed to carry by a vote of 3-2. Mayor Varela, Mayor Pro-Tem Vierra and Council Member Espinoza voted no.
o More Discussion
o Council Member Espinoza made a motion to add a fourth scenario. The motion failed due to lack of a second
o MORE discussion
o Council Member Aguilar made a motion to continue the public hearing to the May 5, 2009, City Council meeting and place a notice for the meeting in the newspaper in three languages. The motion was seconded by Council Member Nateras. It carried by a vote of 5-0.
§ 4, Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Domestic Wastewater Service Fees.
· Subitem A–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 1.
· Subitem B–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 2.
· Subitem C–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 3.
o Domestic wastewater fees had not been increased in Livingston since 2002. The City retained Raftelis Financial Consultants, Inc. to prepare a domestic wastewater rate study.
o In accordance with Proposition 218, the revenues collected will not exceed the cost of providing domestic wastewater service which shall be used exclusively for wastewater treatment.
o The amount of the fees will not exceed the proportional cost of providing wastewater service to each parcel.
o The proposed service fee will not be imposed on a parcel that does not receive domestic wastewater service or where service is not immediately available.
§ Council Member Aguilar made a motion to continue the public hearing to the next meeting of May 5, 2009, and place a notice in the newspaper in three languages.
· City Attorney Subramanian asked if Council Member Aguilar was requesting the same noticing as for the water rate increase. Council Member Aguilar stated that she was.
§ Community Development Director Kenney called the Council’s attention to the previous explanation by City Manager Warne that the City is not filling employment staff vacancies and the City is short of staff.
· it takes a lot of staff time and energy to translate these notices into Spanish and Punjabi and by doing the water public notice already the Council is probably going to tie up staff interpreter’s time for the rest of the week.
· She said if we do this for all three items, the Council is going to tie up staff’s time for probably the next two weeks.
§ Council Member Aguilar’s motion was seconded by Council Member Espinoza and failed to carry by a vote of 2-3,
· Mayor Varela, Mayor Pro-Tem Vierra and Council Member Nateras voting no on the portion of the motion to place a notice in the newspaper in three languages
§ Mayor Pro-Tem Vierra asked if he could make a motion so the Council could continue the public hearing to the next meeting, but not do all those newspaper notices and go through the expense.
· City Manager Warne said the Council could eliminate the requirement for the newspaper notice because the people are going to come anyway to the meeting because of the water rate public hearing
§ Mayor Varela moved to continue to the next meeting with no newspaper notices, but keep the public hearing open. The motion was seconded by Council Member Nateras and carried 5-0.
§ 5.Adopt One of Three Resolutions Relating to Establishing Rates for Solid Waste Service Fees.
· Subitem A–Resolution of the City Council of the City of Livingston Establishing Rates for Solid Waste Service Fees–Scenario 1.
· Subitem B–Resolution of the City Council of the City of Livingston Establishing Rates for Solid Waste Service Fees–Scenario 2.
· Subitem C–Resolution of the City Council of the City of Livingston Establishing Rates for Solid Waste Service Fees–Scenario 3.
o Council Member Aguilar made a motion to continue the public hearing to the next meeting on May 5, 2009, with no notice of the public hearing in three languages. The motion was seconded by Council Member Espinoza. The motion failed to carry by a vote of 3-2, with Mayor Varela, Mayor Pro-Tem Vierra and Council Member Nateras voting no.
o Mayor Pro-Tem Vierra made a motion to approve the resolution that selected scenario #1. The motion failed due to the lack of a second.
o Council Member Nateras made a motion to adopt Resolution No. 2009-16, approving scenario #3. The motion was seconded by Mayor Pro-Tem Vierra and carried 4-1, with Council Member Espinoza voting no.
Related Posts and Sources
§ https://thegardeningsnail.wordpress.com/city-of-livingston/2009-cc-minutes/april-7-2009/
§ https://thegardeningsnail.wordpress.com/city-of-livingston/2009-cc-minutes/april-21-2009/
May 2009
§ May 05, 2009
· CLOSED SESSION
· 1. Conference with Legal Counsel—Anticipated Litigation.
§ Government Code Section 54956.9(b).
§ Significant Exposure to Litigation (2 Cases).
· OPEN SESSION
· CHANGES TO THE AGENDA
· Council Member Espinoza made a motion to move Citizens Comments to the front of the agenda and that items 3 and 4 on the consent calendar to be pulled for discussion. The motion was seconded by Council Member Aguilar and carried 5-0.
· PUBLIC HEARINGS
· 1. Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Water Service Fees.
§ Subitem A–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 1.
§ Subitem B–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 2.
§ Subitem C–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 3.
· Council Member Espinoza said he knew the City Manager knew about two months ago that four out of five Council votes were needed to approve the rates instead of the usual three votes. He said that with the three votes he knew the City could have avoided a lot of spending if the City Council had known that.
§ (Just a question, by the ole snail here. I’m just a bit slow…so, could someone out there tell me just what the hell this statement means?)
§ (Much discussion and many comments later)
· Mayor Varela stated that he would like to provide anyone that would like to submit or withdraw a written protest the opportunity to do so. Once the public hearing is closed state law prohibits receiving any additional written protests.
§ Motion: M/S Nateras/Aguilar to close the Public Hearing at 8:17 p.m. Motion carried 4-1 by the following votes:
§ AYES: Council Members: Aguilar, Nateras, Varela, Vierra
§ NOES: Council Members: Espinoza
§ ABSENT: Council Members: None
· (Then followed a whole lot of council discussion followed by)
· Mayor Pro Tem Vierra noted that the Council has not been able to get four votes since the year 2000, and going for another scenario is not going to get four votes. The only thing that it would accomplish is spending more money after spending $100,000. Mr. Vierra suggested that the only other option would be to make cuts like other cities in California have done or ultimately go bankrupt like the City of Vallejo. He stated that the City could not continue to spend money it does not have.
· Motion: M/S Varela/Nateras to continue the City Council discussion of this item to the next Council Meeting. Motion carried 3-2 by the following votes:
§ AYES: Council Members: Nateras, Varela, Vierra
§ NOES: Council Members: Aguilar, Espinoza
§ ABSENT: Council Members: None
· 2. Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Domestic Wastewater Service Fees.
§ Subitem A–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 1.
§ Subitem B–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 2.
§ Subitem C–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 3.
· (After a few comments, and a lotta discussion)
· The Mayor asked if there were any more public comments. The Mayor stated that he saw no one desiring to speak on this matter. However, if there is anyone that has not submitted a letter of protest, the opportunity to do so is now. Once the public hearing is closed, the City Council cannot accept any more protest letters. He asked the audience if there are any letters
· (Then)
· Motion: M/S Vierra/Nateras to close the public hearing. Motion carried 5-0 by the following votes:
§ AYES: Council Members: Nateras, Varela, Vierra, Aguilar, Espinoza
§ NOES: Council Members: None
§ ABSENT: Council Members: None
· The public hearing was closed at 9:51 p.m. (Getting late, isn’t it?)
§ Motion: M/S Vierra/Espinoza to continue the discussion on this item the next City Council meeting. Motion carried 5-0 by the following votes:
§ AYES: Council Members: Nateras, Varela, Vierra, Aguilar, Espinoza
§ NOES: Council Members: None
§ ABSENT: Council Members: None
· (Pulled from the) CONSENT CALENDAR
· 3. Approve Amendment No. 2 to Merced County Contract No. 2002117 Providing for the Implementation of the National Pollutant Discharge Elimination System Phase II Storm Water Program, and Authorize the City Manager to Sign the Amendment.
§ Council Member Espinoza requested this item be pulled for discussion. He requested more information from the City Manager.
· City Manager Warne stated that the City is required to meet federal storm water requirements. This agreement does not change anything from what the City is currently doing. This is a housekeeping item
· Council Member Aguilar asked about the information in the report that states the City saves $10,700 toward the cost of program development and limitation.
§ She asked about a copy of the old program because she would like to compare them before voting on this item.
· City Engineer Nanda Gottiparthy responded to the item. He noted that the City applied for its own plan and received its own separate permit. Since the City is not part of the group, it is not obligated to pay the $10,700. …the plan was very standard and the City opted to do their own plan so as not to be tied to other agencies.
· Mayor Pro Tem Vierra commented that he remembered several years back when Council was called out in the middle of flooded streets to make sure no one got hurt. He pointed out since the City has taken over its own plan those issues do not exist. He stated he’d rather see the City continue to do what they are to keep from flooding and doesn’t see the benefit of joining with four or five other agencies.
§ Motion: M/S Espinoza/Vierra to Approve Amendment No. 2 to Merced County Contract No. 2002117 Providing for the Implementation of the National Pollutant Discharge Elimination System Phase II Storm Water Program, and Authorize the City Manager to Sign the Amendment.
· Motion carried 4-1 by the following votes:
· AYES: Council Members: Nateras, Varela, Vierra, Espinoza
· NOES: Council Members: Aguilar
· ABSENT: Council Members: None
· 4. Resolution Authorizing the City Manager to Act on Behalf of the City of Livingston for a Financing Agreement with the State Water Resources Control Board for the Planning, Design and Construction of the Domestic Wastewater Treatment Plant Expansion.
§ Council Member Espinoza asked for further information on this item.
§ City Manager Warne reported that the City has been working on obtaining grants for the domestic wastewater treatment plant expansion. One of the grant requirements is a resolution, authorizing someone to sign documents on behalf of the City. He said that any financing plan put in place would have to come to the City Council for approval. The resolution does not change any of the City’s procurement policies or give the City Manager any additional power or authority. It is part of the application to designate someone to sign on behalf of the City.
· Motion: M/S Vierra/Varela to Authorize the City Manager to Act on Behalf of the City of Livingston for a Financing Agreement with the State Water Resources Control Board for the Planning, Design and Construction of the Domestic Wastewater Treatment Plant Expansion. Motion carried 3-2 by the following votes:
o AYES: Council Members: Nateras, Varela, Vierra,
o NOES: Council Members: Aguilar, Espinoza
o ABSENT: Council Members: None
· (And we all finally got out of there a few minutes after 10pm)
§ May 19, 2009
· PUBLIC HEARINGS
· 2. Proceedings under the 1972 Landscape and Lighting Act, California Streets and Highways Code 22500 Et. Seq., for the Approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No 1 and Confirming Assessments for Fiscal Year 2009-2010.
§ Motion: M/S Vierra/Espinoza to approve Resolution 2009-17 for approval to Levy Annual Assessments for the Citywide Consolidated Landscape Maintenance Assessment District No. 1 and Confirming Assessments for Fiscal Year 2009-2010. Motion carried 4-0 by the following votes:
· AYES: Council Members: Aguilar, Vierra, Espinoza, Varela
· NOES: Council Members: None
· ABSENT: Council Members: Nateras (excused—out of the country)
· 3. Proceedings under the Benefit Assessment Act of 1982, Government Code Section 54717, Et. Seq., for the Approval to Levy Annual Assessments for the Livingston Benefit Assessment District and Confirming Assessments for Fiscal Year 2009-2010.
§ Motion M/S Vierra/Aguilar to approve Resolution 2009-18 approving the Engineer’s Report for the Livingston Benefit Assessment Districts and the Levy and Collection of Annual Assessments within such Districts for Fiscal Year 2009/2010 and Confirming Diagrams and Assessments Pursuant to the Benefit Assessment Act of 1982 as provided by Article XIIID of the California Constitution. The motion carried 4-0 by the following votes:
§ AYES: Council Members: Aguilar, Espinoza, Varela, Vierra
§ NOES: Council Members: None
§ ABSENT: Council Members: Nateras
· DISCUSSION AND POTENTIAL ACTION ITEMS
· 7. Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Water Service Fees.
§ Subitem A–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 1.
§ Subitem B–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 2.
§ Subitem C–An Ordinance of the City Council of the City of Livingston Establishing Rates for Water Service Fees–Scenario 3.
· Mayor Daniel Varela turned this portion of the meeting over to the Assistant City Attorney Melanie Donnelly. She stated, “At the noticed Public Hearings held on the proposed water rate increase on April 21 and May 5, 2009, the City Council heard and considered all written and oral protests to the proposed rate increase. The Council closed the public comment portion of the public hearing on the item, after hearing all speakers present at the May 5th meeting. Once the public comment portion of a public hearing is closed, no additional written protests or oral comments may be considered by the City Council. After the close of the public hearing, it was determined that the City did not receive written protests against the proposed water rate increase from a majority of property owners or customers of the identified parcels upon which the rate increases are proposed to be imposed. The City Council continued the item to today’s meeting for a determination of whether to adopt the proposed water rate increase. Please note that the Council closed the public hearing on this item at its May 5th meeting, no additional public comments may be made on this item tonight. The City’s inclusion of this item on the agenda tonight is only for the purpose of the consideration and discussion to impose the proposed rate increases to the water service fees. Please also note that it is not appropriate for the public to speak on this agenda item during public comment, as public comment is only for items not on the City agenda.”
· Mayor Daniel Varela stated that Council Member Espinoza and a number of citizens had asked that this item be continued to the next meeting due to the state special election being held today. He also stated that Council Member Nateras is absent this evening and would like to participate in this decision. He asked for a motion to continue this item due to the absent Council Member.
· Mayor Pro-Tem Vierra asked if the City Council could talk about this issue after they voted to continue this item. Assistant City Attorney Donnelly said that they could.
· Council Member Espinoza asked if there could be any more public comment. Assistant City Attorney Donnelly said that the public hearing was closed by the City Council.
§ Motion: M/S Vierra/Varela to continue this item to the June 2, 2009, meeting. Motion carried 4-0 by the following votes:
§ AYES: Council Members: Aguilar, Vierra, Espinoza, Varela
§ NOES: Council Members: None
§ ABSENT: Council Members: Nateras
§ (Then there was a whole lotta talk, a whole lotta comments by council then)
· The Assistant City Attorney recommended making a new motion because there had been so much discussion after the last motion.
§ Motion: M/S Varela/Vierra to continue this item to the June 2, 2009, meeting. Motion carried 4-0 by the following votes:
§ AYES: Council Members: Aguilar, Vierra, Espinoza, Varela
§ NOES: Council Members: None
§ ABSENT: Council Members: Nateras
§ 8. Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Domestic Wastewater Service Fees.
· Subitem A–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 1.
· Subitem B–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 2.
· Subitem C–Ordinance of the City Council of the City of Livingston Establishing Rates for Domestic Wastewater Service Fees–Scenario 3.
§ Melanie Donnelly stated “At the noticed Public Hearings held on the proposed wastewater rate increase on April 21 and May 5, 2009, the City Council heard and considered all written and oral protests to the proposed rate increase. The Council closed the public comment portion of the public hearing on the item, after hearing all speakers present at the May 5th meeting. Once the public comment portion of a public hearing is closed, no additional written protests or oral comments may be considered by the City Council. After the close of the public hearing, it was determined that the City did not receive written protests against the proposed wastewater rate increase from a majority of property owners or customers of the identified parcels upon which the rate increases are proposed to be imposed. The City Council continued the item to today’s meeting for a determination of whether to adopt the proposed wastewater rate increase. Please note that the Council closed the public hearing on this item at its May 5th meeting, no additional public comments may be made on this item tonight. The City’s inclusion of this item on the agenda tonight is only for the purpose of the consideration and discussion to impose the proposed rate increases to the wastewater service fees. Please also note that it is not appropriate for the public to speak on this agenda item during public comment, as public comment is only for items not on the City agenda. We appreciate your cooperation.”
§ Mayor Varela asked if there were comments from the City Council. None were made.
· Motion: M/S Vierra/Espinoza to continue this item to the June 2, 2009, meeting. Motion carried 4-0 by the following votes:
· AYES: Council Members: Aguilar, Vierra, Espinoza, Varela
· NOES: Council Members: None
· ABSENT: Council Members: Nateras
Related Posts and Sources
· https://thegardeningsnail.wordpress.com/city-of-livingston/2009-cc-minutes/may-5-2009/
· https://thegardeningsnail.wordpress.com/city-of-livingston/2009-cc-minutes/may-19-2009/
Are We There Yet?
No, We Still Have June of 2009 to go!!
Unfortunately, Draft Minutes of these meetings are not yet available
And I don’t feel like camping out for several more hours
Listening to audio
For the time being…you’re just gonna have to be happy with my
Recollections and maybe a Newspaper Account or two
(I hereby claim my editorial right to give free reign to my skepticism
Sarcasm and Opinionating)
If you don’t like it…COME TO THE MEETINGS!!!
Or Get Your Own Copy of the Audio and Listen!
(They’re FREE for Pete’s Sakes!!)
June 2009
· June 02, 2009
o CLOSED SESSION
o 1. Conference with Legal Counsel—Anticipated Litigation.
§ Government Code Section 54956.9(b).
§ Significant Exposure to Litigation (1 Case).
o OPEN SESSION
· Lots of talk about hiring a “facilitator” to help the Council learn how to get along and get the job done. (Ya think!)
· PUBLIC HEARINGS
· 2. Application for Funding under the Neighborhood Stabilization Program (NSP).
· 3. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Rezoning APN 023-006-008 from M-1 (Limited Industrial) to P/OS (Park/Open Space) for the Livingston Sports Complex Project.
o Change of Rezone necessary in order for the Sports Complex project (with playing fields) to go forward.
o Many noses “out of joint” because Planning Commission denied the Conditional Use Permit for the Community Garden. (Much anger and surprise. Wasn’t a big surprise to the few who went to the Planning Commission meeting)
o Rezone passes 4/1 (I’ll let you guess who voted against it)
· Council Person wants Espinoza wants discussion on water rates to be moved ahead of Public Comments.
· Mayor Varela asks all Council Persons “Are you ready to move forward”
o (What do you think the response was?)
· Both Items on Water Service Fees AND Domestic Waste Water Service Fees are postponed to the next meeting by a vote of 3/2 (Big surprise. NOT!)
· DISCUSSION AND POTENTIAL ACTION ITEMS
· 8. Resolution Finding a Severe Fiscal Hardship Will Exist if Additional Tax Funds are Seized and Additional Unfunded Mandates are Adopted by the State of California.
o Hardship resolution passes 5/0
· June 16, 2009 THE LIVINGSTON CITY COUNCIL TRIES AGAIN! (Brought to you by our favorite sponsor “Super Chicken”)
o CLOSED SESSION
§ 1.Public Employee Discipline/Dismissal/Release.
· Government Code Section 54957.
· Title: City Attorney
§ 2 Public Employment Appointment.
· Government Code Section 54957.
· Title: City Attorney.
§ 3. Conference with Labor Negotiator.
· Government Code Section 54957.6.
· Agency Negotiators: City Manager Richard N. Warne and Assistant City Manager Vickie Lewis.
· Employee Organization: Clerical Employees Association.
§ 4. Conference with Labor Negotiator.
· Government Code Section 54957.6.
· Agency Negotiators: City Manager Richard N. Warne and Assistant City Manager Vickie Lewis.
· Employee Organization: Management/Confidential Employees Association.
§ 5. Conference with Labor Negotiator.
· Government Code Section 54957.6.
· Agency Negotiator: City Manager Richard N. Warne and Assistant City Manager Vickie Lewis.
· Employee Organization: Livingston Police Officers’ Association
§ 6. Conference with Labor Negotiator.
· Government Code Section 54957.6.
· Agency Negotiators: City Manager Richard N. Warne and Assistant City Manager Vickie Lewis.
· Employee Organization: Public Works/Parks Employees Unit.
§ 7. Conference with Labor Negotiator.
· Government Code Section 54957.6.
· Agency Negotiators: City Manager Richard N. Warne and Assistant City Manager Vickie Lewis.
· Employee Organization: Supervisory Employees Association.
§ 8. Conference with Labor Negotiator.
· Government Code Section 54957.6.
· Agency Negotiators: City Manager Richard N. Warne and Assistant City Manager Vickie Lewis.
· Employee Organization: Unrepresented Employees.
§ 9. Public Employee Performance Evaluation.
· Government Code Section 54957.
· Title: City Manager.
§ 10. Conference with Legal Counsel—Significant Exposure to Litigation.
· Government Code Section 54956.9(b).
· Significant Exposure to Litigation (3 Cases).
o OPEN SESSION
o (A New of Attorney, A New Interpretation A New Direction)
§ Agenda Items relating to Water and Waste Water Fees to be postponed again to the July 7th Meeting and considered under the California Revenue Bond Act of 1941 (which would only require 3 votes to pass)
· Motion to postpone the vote on fees to the July 7th meeting passes with 3 votes
§ (This could get interesting. I wonder if all the Council Members will show up, or if 2 will suddenly come up with a case of the “blue flue” What, you mean we finally have to DECIDE! )
o (There was some additional sniping and “blame throwing” and what looks like “spite voting” on the Sports Complex/Community Garden issue. But what I want to get to is)
o Agenda Item #13. City Council Guidance Regarding California Department of Public Health Enforcement Letter for Failure to Comply with Secondary Drinking Water Standard for Manganese for Well #15.
§ no funds in the enterprise fund something needs to be done
§ Basically 2 choices
· Obtaining a waiver (a complicated process)
· Spend about $1 million for treatment upgrades
§ Per a Phone conversation—the State would allow the city to extend to deadline to July 7th
§ Council has been aware of it for a couple of weeks. There is no money for the engineering for the study for the waiver.
OK folks, there you have it. By now you should have a pretty good idea of where we have come from and where we are now.
The State is “breathing down our collective necks” and could order the City to do some very expensive equipment upgrades….and there is no money in the Enterprise Funds for such a project
What will happen tomorrow night at Council is anybody’s guess……
[i] Wednesday, Nov. 05, 2008. Some incumbents win, lose in hot local races in Atwater and Livingston, Lots of competition for seats on city councils, other city jobs. By JONAH OWEN LAMB
[ii]Thursday, Nov. 06, 2008, Celebrations on hold for some Merced County candidates, Council races in Atwater and Livingston still undecided. By JONAH OWEN LAMB
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