Tag: 444 Main Street

A Claim for Damages, and a City Council Special Meeting Agenda

All animals are equal. But some animals are more equal than others. Animal Farm, George Orwell

Based on all the research that we have done in-house, In Lieu Parking Fees were never collected. – Jose Ramirez, City Manager: City of Livingston, personal interview, week of 3/4/12

Brandon Friesen (said).…With the building vacant for seven years, no business in there will ever meet the current parking requirements. The City might as well change or modify the parking ordinance. As for the type of business, he would be more concerned about the aesthetics than about it being a bar. That’s freedom of choice. He hopes the Planning Commission does due diligence and review the CUP for security, but not so much parking. Excerpted from April 12, 2011 Planning Commission Draft Minutes

Since When Do We Appeal Something Because the Original Decision was Interesting

Council Member Vierra commented that if the Mayor hadn’t filed the appeal he would have. Excerpted from March 6, 2012 City Council Draft Minutes

Council Member Land agreed that she too was going to appeal this to the City Council. ….. She does not have an issue with a bar as a business; her issue is the placement of the bar in the downtown area. Ibid

Mayor Pro-Tem Aguilar commented on safety issues and the children coming and going to school…. anyone who comes out of the bar and say that they are not driving are lying…putting a bar there is an extra way for drunk drivers to be in our community. Ibid

No one is saying that we shouldn’t have that project there. We should, but if we don’t have certain reasons: I mean. What is the City asking. Hey..take care of the parking. I think if the parking issue is resolved, I don’t see why anybody would oppose it. Give the man an opportunity. Give everyone an opportunity. I’m all for that too. Gurpal Samra, Video City Council Meeting, April 03, 2012, 3:14:32 – 3:14:59

So….No one is saying that there shouldn’t be a club at 444 Main Street?

No one is saying that.

Really? Interesting…

Because, from what I’ve been hearing at Council Meetings over the past couple of months, it seems pretty plain to me that at least 3 (maybe 4) members of the Council made up their minds quite a while ago that under no circumstances will a Bar or Club be allowed at 444 Main St.

Ever.

Even though the Municipal Code states plainly that a Bar/Club is a permitted use in the Downtown Commercial District (with a Conditional Use Permit) More on recent developments later…

But first..It’s been a while since we’ve peeked into Delta Bravo Sierra Land.

Panel 1Panel 2Panel 3Panel 4

Uh Oh! Looks like Lucky is just digging himself in deeper and deeper. This story may end up going down a rabbit trail or two before it’s all over.

There’s strange, than there is “Army Strange” out there in Delta Bravo Sierra Land: courtesy of Damon Shackelford: furious scribbler of military cartoons

Thursday’s Special City Council Meeting Agenda includes a Claim for Damages by Mike Sperry Against the City of Livingston. According to his lawyer:

The City Council caused injury to Mike Sperry when on April 3, 2012 it passed a Resolution revoking Condition Use Permit 2001-05, by approving a purported administrative appeal referred to as 2012-1 of a January 10, 2012 Planning Decision to modify Conditional Use Permit for the Tequila Club located at 444 Main Street, Livingston, California. The revocation was an abuse of discretion because many of the findings contained in the Resolution of revocation was an abuse of discretion because many of the findings contained in the Resolution of revocation were not findings made or heard at any public hearing before the City Council. Further, the "administrative appeal" was not timely filed with the City Clerk as contended by the language of the Resolution. No appeal form accepted by the City Clerk was introduced into evidence at any public hearing for the administrative appeal. The appeal filed by the mayor is not authorized by the Livingston Municipal Code. Further, no appeal fee was paid. Excerpted from: Denial of Claim for Damages from Mike Sperry, June o7, 2012 City Council Special Meeting Agenda

Now, I’ve talked about the “bar and parking issue” in depth at least once, or twice already…so… just a few things this time around. For instance…

1)Are you surprised? I mean, do you think the Council expected Mike Sperry to just "dry up and blow away"? After all, the majority of the Council did go on the record as being unwilling to allow a Bar or Club at 444 Main Street. Period.

2)Do you think the Council really expects Mr. Sperry to pony up several thousand dollars for In-Lieu Parking fees when there is no proof whatsoever that the City ever collected a dime in In-Lieu fees from anybody else in the past? Ever.

3)Do you really think the real issue is really truly,just about Parking Spaces? (See question 1)

4)I heard that someone is interested in buying the Court Theater Building and doing something with it. Would "they" have to abide by the "new strict interpretation" on Parking Spaces and In-Lieu fees? Or will they expect to be "cut a little slack" that other folks (like Mr. Sperry) might not get…

5) And if “other projects” do get “cut a little slack” when it comes to things like Parking Space Requirements and In-Lieu Parking Fees, wouldn’t that be like saying that all businesses in the Downtown Commercial District have to follow the “parking rules”, but some have to do a better job of it than the others……

Just sayin

And Now On To The

CITY COUNCIL SPECIAL MEETING AGENDA

JUNE 7, 2012

CLOSED SESSION: 6:00 P.M.

OPEN SESSION: 7:00 P.M.

Notice is hereby given that the City Council will hold a Special Meeting on June 7, 2012, at the City Council Chambers, 1416 C Street, Livingston, California. Persons with disabilities who may need assistance should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an open session item provided to a majority of the members of flue legislative body less than 24 hours prior to the meeting shall be made available for public inspection at Livingston City Hall, 1416 C Street. The Special Meeting will begin at 7:00 p.m. Members of the public may address the City Council concerning any item described in this notice and agenda before consideration of’that item. No City business other than that described in this notice and agenda shall be considered by the City Council.

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 Performance Evaluation

(Government Code Section 54957

Title: City Manager

4. Public Employee Performance Evaluation

(Government Code Section 54957)

Title: City Attorney

5. Conference with Legal Counsel-Potential Litigation

[(Government Code Section 54956.9(b)(1)]

Number of Cases: 3

6. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

Special Meeting

CALL TO ORDER

Pledge of Allegiance. Next Resolution No. 2012-41

Next Ordinance No. 599

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

GRANT ANNOUNCEMENTS

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports. City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

PUBLIC HEARINGS

1. Resolution Conditionally Approving Site Plan/Design Review 2012-01 for the Metro PCS Antenna Project.

2. Resolution Conditionally Approving Site Plan/Design Review 2012-02 for the AT&T Antenna Project.

CITIZEN COMMENTS

This section of ‘the Special Meeting agenda allows members of the public to address the City Council on any item on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, the City Council is prohibited from taking action on any item not on the agenda.

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

CONSENT AGENDA

3. Denial of Claim for Damages from Mike Sperry.

4. Approval of Minutes of Meeting Held on April 3, 2012.

5. Approval of Warrant Register Dated June 1, 2012.

DISCUSSION AND POTENTIAL ACTION ITEMS

b. Continuation of Closed Session if Necessary.

ADJOURNMENT

And for those of you who want to immerse yourself in even more Livingston’s Political History

A FEW FORM 700’S ABOUT WHO OWNS WHAT AND WHERE IN LIVINGSTON

2012 CITY COUNCIL Agendas and Meeting Minutes If you click on this link, you will be taken to a page where not only can you access the Agenda Packed, but also individual pages on each Agenda Item

2011 CITY COUNCIL Agendas and Meeting Minutes (I’ve got a few more things “linked up” since my last post. Might want to check and see if there is anything in the History that interests you.)

POLICE CHIEF RECRUITMENT CITY OF LIVINGSTON

2012-2012 City of Livingston Draft Budget

The “Mission of the Utility Rate Stakeholders Committee” Series

February 15, 2011 Discussion: Utility Rate Stakeholders Committee In Which the idea was first proposed for a Stakeholders Committee in which members would work with City Staff and Consultants

  • APRIL 05, 2011: DISCUSSION OF UTILITY RATE STAKEHOLDER COMMITTEE MEMBER APPOINTMENTS IN WHICH THE PEOPLE WHO WOULD BE WORKING WITH CITY STAFF AND CONSULTANTS WERE CHOSEN

  • JUNE 07, 2011 DISCUSSION OF UTILITY RATE COMMITTEE MEETING IN WHICH IT WAS REVEALED THAT THE PEOPLE WHO WOULD BE WORKING WITH CITY STAFF AND CONSULTANTS ALREADY HAD THEIR FIRST  “GET TOGETHER”. BUT THE PUBLIC WAS NOT INVITED.

  • DECEMBER 06, 2011 CHANGE OF UTILITY RATE STUDY CONSULTANT DISCUSSION IN WHICH IT WAS REVEALED THE CITY MANAGER ENDED THE CONTRACT WITH THE “COUNCIL APPROVED” CONSULTANT AND SENT OUT A REQUEST FOR PROPOSAL TO LOOK FOR A BRAND NEW ONE.

  • JANUARY 24, 2012 UTILITY RATE STAKEHOLDERS COMMITTEE MEETING – AT WHICH THE COMMITTEE POSTPONED THE SELECTION OF A NEW UTILITY RATE STUDY CONSULTANT.

  • OUT WITH THE “CONSULTANT #3, IN WITH CONSULTANT #4” SERIES

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

            A FEW LETTERS, SUN-STAR & AND MIKE MCGUIRE ARTICLES ABOUT LIVINGSTON POLITICS (AND A FEW OTHER THINGS WORTHY OF NOTE)(THE LINKS HERE GO ALL THE WAY BACK TO THE 2008 ELECTION CYCLE)

            THE 1995 WATER RATE RESOLUTION(DO YOU SEE ANYTHING IN THERE THAT SAYS “INDUSTRIAL”?)

            CALIFORNIA DEPARTMENT OF HEALTH SEPT. 2010 LETTER ON WATER SYSTEM FUNDING

            WELL #15 ENFORCEMENT LETTER & STAFF REPORT

            WELL #15 MANGANESE ENFORCEMENT LETTER DISCUSSIONS

            HOW THEY VOTED IN 2011

          • HOW THEY VOTED IN 2010

          • HOW THEY VOTED IN 2009

          • HOW THEY VOTED IN 2008

          • HOW THEY VOTED IN 2007

          • HOW THEY VOTED IN 2006.

            CITY COUNCIL DRAFT MEETING MINUTES FOR 2010

            CITY COUNCIL DRAFT MEETING MINUTES FOR 2009

            CITY COUNCIL DRAFT MEETING MINUTES FOR 2008

            CITY COUNCIL MEETING MINUTES FOR 2007

            CITY COUNCIL MEETING MINUTES FOR 2006

            CITY COUNCIL MEETING MINUTES FOR 2005

            CITY COUNCIL MEETING MINUTES FOR 2004

            2010-2011 MERCED COUNTY GRAND JURY FINAL REPORT

            2009-2010 MERCED COUNTY GRAND JURY FINAL REPORT

            2008-2009 INTERIM REPORTS MERCED COUNTY CIVIL GRAND JURY POSTSCRIPT TO FY2007/2008 GRAND JURY’S REPORT ON THE CITY OF LIVINGSTON

            2007 2008 MERCED COUNTY GRAND JURY FINAL REPORT

            2006-2007 MERCED COUNTY GRAND JURY FINAL REPORT

            •