A Compliance Order for Arsenic, A Few Maps of Wells with Issues, and a City Council Agenda.

…I think…the community deserves to be informed… every city around the valley has this issue with wells and we’re no different than that. And, of course, we’re trying to address all these issues with the stakeholders and the future water rates we’re gonna be addressing, and doing wellhead treatments on all the wells…But, of course, this information was already sent out to the public as to the compliance issue: the wells, with the water…I know that the city manager will do the best that he can to address those issues. Mayor Rodrigo Espinoza. Excerpted from June 04, 2013 City Council Meeting.

At the end of May, 2013, notices that the City of Livingston had exceeded the Maximum Contaminant Level for Arsenic allowed by law, was sent out with the Water Bills. More on this a little later. But First.


There’s Strange and then there is Army Strange. Courtesy of Damon Shackelford and crew: furious scribblers of military cartoons

Downtown Revitalization

ConsttructionBUILDING MATERIALS SALE…..The Livingston-Delhi Veterans of Foreign Wars Post 8327 will be holding a huge Building Materials Sale at the Veterans Memorial Hall, located at 9799 Stephens Street, Delhi California.

All new merchandise, priced twenty five cents on the dollar. We have electrical, plumbing, lawn & garden, flooring, windows, bathtubs, doors and many other items, too numerous to mention.

Thursday, June 20th through Saturday June 22nd. We will open at 9am and close at 5pm.

All Sales are Final with no Warranties. Contractors Welcome.

We accept cash or checks only, no Credit Cards.

All proceeds will go to the California Veterans Service Program. For more information call Denis Wells at 209-394-2059 or visit our website at www.vfwlivingston.com.

Livingston 4th of July 2013 Merry Go RoundFROM THE LIVINGSTON 4th OF JULY COMMITTEE…CARNIVAL TICKETS ARE IN! This year we have the UNLIMITED RIDES wristband for ONLY $20. We have limited quantities and it will only be sold in advance. You can also purchase tickets at 20 Tickets for $10 that is 50% off in advance at Livingston City Hall, Flicks n Licks in Livingston and Delhi, and Freeway Insurance in Atwater at Savemart Shopping Center

Livingston 4th of July 2013

Water Bill Insert Page 1IN LATE MAY, 2013 A WARNING NOTICE ABOUT ARSENIC was included along with Livingston Residents “Water Bill”. At the June 03, 2013 Meeting of the “Water – Garbage – Sewer Rate” Committee Meeting, Public Works Director Humberto Molina explained…

Well 13“Well #13 was out of com-mission for several years for different reasons…We brought it back online recently in April and unfortunately it came up with some high numbers for Arsenic. After looking back at the history of that well it actually has had problems going back to 2009..one of our sample results was 12.9 and the other was 11.9: which puts us over the top. We can’t exceed 10.”

“Even if we got a sample below 10 for the next 3 quarters, there’s no way we’re going to get below 10…We’re going to have to look at what we’re going to do about the well. Eventually, if it keeps going like this, than there’s probably a different order that’s going to be coming down.”

At the June 04, City of Livingston City Council Meeting, City Manager Jose Ramirez provided some additional details about the Compliance Order, and other issues affecting Livingston’s Groundwater and Water System.

“We did in fact get a Compliance Order by the California Department of Public Health. and in there was about 20 items they specifically wanted us to respond (to)..the major areas (were):”

“1) They wanted to make sure we had a 5 year Capital Improvement Plan in place to how to address our water capacity and water quality.”

“2) The Specifically said that they wanted the City to enact a Water Conservation Program. which the City already has, under a specific Ordinance. But in order to enact it..Council has to pass a Resolution in order to do that.”

“Council is briefed on that and we’re going to be working on that. As part of that..we believe in education and as we have done education..when we did the Solid Waste (and) on the Animal Control Issue and other issues, we want to continue to do education pieces for the Water.”

“The other item in there specifically talked about the Tank. We have a Tank that’s over 20+ years (old). It has some corrosion issues. And so we are looking at addressing that with Cathodic Protection.”

“The other ones are basically addressing some of the well (testing) frequencies…the EPA changed the well (testing) frequencies (for DBCP). It used to be every three years. Now it is every 3 months. That increases the cost for the City expenses…..”

Well 9 - 14(Note from The Gardening Snail: That means Well #14 is now being tested every 3 months to monitor DBCP levels. Well #9 is being monitored on a monthly basis for DBCP according to the California Department of Health Inspection Report . DBCP has been detected in wells #9 and #14.

DBCP was not detected in Wells Nos. 8, 11B, and 12)

Well 15“Well #15…is about 9.9 (Parts per Billion for Arsenic) so we’re just 1/10 away from going over the MCL Limit: the Maximum Contaminant Level.”

“Well #13…We have already initiated to get some quotes…because its very similar to Well #16, which is Arsenic. It costs about $200,000 to do just the Media..on that one.”

“We need those wells for production purposes. The California Department of Public Health is actually working with us so that well doesn’t get shut off…back in 2008, the Parts Per Billion for Arsenic was 15 and they changed it from 15 Parts Per Billion to 10 Parts Per Billion.”

“Working with the California Department of Health, we’re going to be able to address the treatment and at the same time bring in another well which we’re working on: Well #17. So, that we have enough capacity. If we have issues on one well we can turn to another well and have a safety factor in there…”

Well 8“Well #8 (TCP Treatment) is 100% design already. That’s already moved forward.”

Well 16“Well #16 (Arsenic Treatment) is moving forward. So, right now we’re jumping on Well #13.”

“These are all costs that we’re analyzing…. We’re going to break (these costs) into Short Term, Mid Term, and Long Term… because we understand that our community cannot absorb the bull breadth of all these things all at once.”

“The other thing we’re doing is, we’ve been updating the community on is we continue to look for grant opportunities…We submitted (one) for Well #17. We’re looking at the National Water Rural Association (and) the IRWM”.

“As we start addressing all these things, things are going to get a lot more clearer for us: because the moment you address the Deficit Reduction and you have a 1.25 coverage that will allow us to apply for grants: also low interest loans that will help us tackle these issues.”

SO DEFICIT REDUCTION WOULD ALLOW the City to apply for Grants and Low Interest Loans? A discussion about Deficit Reduction could make for some very interesting Politics at the next next round of Proposition 218 Hearings on Water Rate Increases.

Page 15Those of you who have been following Livingston’s Water Woes since before the Dan Bergmann Study of 2008, recall that some Members of the City Council have been adamant that either Deficit Reduction NOT be included in any Rate Increases, or they insisted there was no such thing as a Deficit in the Water Enterprise Fund.

Including Deficit Reduction as a component of any future Rate Increase would mean at least 1, if not 2, Council Member will need to change their minds about Deficits.

And given that the Current Council has gone on the record as intending to pass any Future Water Rate Increases by at least a 4-1 vote, this could make for some “interesting” politics indeed.

And now on to the



JUNE 18, 2013



Notice is hereby given that the City Council will hold a Regular Meeting on June 18, 2013, 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.


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. Conference with Legal Counsel – Potential Litigation

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

Number of Cases: 2

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: 2013-24

Next Ordinance Number: 606

Pledge of Allegiance.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.


1. Presentation by Council Member David Mendoza and Planning Commissioner Mario Mendoza, City Council Certificate of Appreciation to Brian Johnsons, Vice President/Chief Pilot of the Sierra Academy of Aeronautics for the Academy’s donation of a bus to the Livingston High School Band Boosters.

2. Presentation by Superintendent Steve Gomes, Merced County Office of Education, Report on Merced County Education.

3. Presentation by David Heyer, Program Manager, Merced County Department of Workforce Investment, Enterprise Zones/Targeted Employment Area.


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.


4. Resolution Conditionally Approving Site Plan/Design Review 2013-1 for the Proposed Motel 6 Project, a 75-Room, 3-Story Motel on a 1.05-Acre Parcel Located at 309 Joseph Gallo Drive.


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.


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.

5. Proceedings Under the Mello-Roos Community Facilities Act of 1982, Government Code Section 53311, Et. Seq., Approving the Formation of City of Livingston Community Facilities District No. 2013-1 (Livingston Family Apartments), Declaring the City’s Intention to Levy and Collect Special Taxes for Fiscal Year 2013/2014.

6. Proceedings Under the Landscape and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code, Et. Seq., for the Approval to Form Landscaping and Lighting Maintenance District No. 2013-1 (Livingston Family Apartments), Declaring the City’s Intention to Levy and Collect Assessments for Fiscal Year 2013/2014, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing.

7. Proceedings Under the Benefit Assessment Act of 1982, Government Code Section 54703, Et. Seq., Approving the Formation of City of Livingston Benefit Assessment District No. 2013-1 (Livingston Family Apartments), Declaring the City’s Intention to Levy and Collect Assessments for Fiscal Year 2013/2014, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing.

8. City Council Authorization to Purchase New Ballasts and Associated Labor to Retrofit the Police Department Lighting Fixtures.

9. Approval of Minutes of Regular Meeting of May 21, 2013.


10. Resolution Amending the Merced County Regional Enterprise Zone Targeted Employment Area (TEA).

11. Speed Bumps Discussion.



Author: thegardeningsnail

Local Politics fanatic. Often spending hours researching the historical background to current issues; reading through City Council and Planning Commission Agenda Packets. Some people can spend hours playing online video games. I can spend hours looking up old newspaper articles online..... One of my favorites quotes is from the "Dune Saga"..."Belief can be manipulated. Knowledge is dangerous"

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