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

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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

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