LIVINGSTON, CALIFORNIA 02/17/2014
I am going to invoke a little of the Story Teller’s License before discussing my take on Current Events as they relate to Water Related Stuff.
I’ve developed a theory, which started bubbling up in my brain, ever since the Days-of-the-Recall, that there have been, and still are, two quite distinct factions within our Elected and Appointed Officials .
One faction has known all along about the growing problems with our Groundwater and Water System. They have been on the council long enough to have had more than a fair few Staff and Consultant’s Reports in their Agenda Packets: they have no excuse whatsoever in my mind for “not knowing”.
But for Political Reasons they seem to have made it a deliberate practice to ensure that that knowledge and comprehension has not been passed to other Elected/Appointed Officials, and Livingston-Residents-As-A-Whole.
We’ll call them “Political Can Kickers” because they have been Kicking the Political Can about Water System Problems down the road for quite a while.
The other faction of Elected/Appointed Officials, which we will call “Water Truthers”, most likely believed everything that the “Political Can Kickers” said about significant repairs and upgrades to Livingston’s Water System being “Unwarranted” and “Unnecessary”, and that any claims about contamination of the Groundwater and problems with the Water System were either Wild Exaggerations, or Figments of the Imagination.
Which the “Water Truthers” intended to prove once they got into City Hall, “cleaned house” and hired a New City Manager, a New City Attorney, and perhaps a few New Consultants and a few New Engineers, and a New Public Works Director Of-Their-Own-Choosing.
After which, they could Re-Study Everything and therefore be able to discover, then declare the REAL Truth-About-Our-Drinking-Water: that all claims of Groundwater Contamination and System Problems were either patently false, or wildly overstated, and that the City DIDN’T really need all the expensive Wellhead Treatment Systems and System Repairs it said it did.
More on that a little later. But first, lets catch up on couple things…
FERSENIUS WILL BE CLOSING the end of May: which will leave Foster Farms as the only Industrial Water User in the City of Livingston.
FOSTER FARMS REOPENS AFTER A 10 DAY CLOSURE, According to a report in the Merced SunStar, the Foster Farms Plant in Livingston reopened on January 22, after a 10 day voluntary closure. According to the article,
Bill Mattos, president of the California Poultry Federation in Modesto, said the extended closure, originally planned for a few days, came about because of an abundance of caution while workers cleaned the plant thoroughly. “They wanted to be perfectly sure they had zero tolerance,” he said. “So they did it twice instead of one go-round.”
Most of you reading this are probably well versed in Foster Farms recent struggles with Cockroaches and Salmonella, so I won’t rehash the whole sorry saga here.
Except to point out that Foster Farms uses around 66% of Livingston’s water. And if there isn’t enough water, Foster Farms cannot Clean and Sanitize the plant or process chicken.
With that in mind……
ONE OF THE 2 WELLS REPORTED TO BE OFFLINE, at the February 10, 2014 meeting of the Utility Rates Stakeholders Committee is Well #16. This well, which is on the same side of town as Foster Farms, has been shut off since at least 2011 because the Arsenic Filtration Media was used up. The Arsenic concentrations in that well are nearly 3 – 4 TIMES the legal limit, and without the Arsenic Filtration System up and running, the City cannot legally use that well.
(One of things that should be noted at this point of the discussion, Well #16, was NOT meant to be used on an everyday basis. It was to be used as a BACK UP well. Because of the High Arsenic levels, and the High Cost of filtering out that Arsenic, Well #16 is hugely expensive to run on a regular basis).
In Early, 2011, the Utility Rates Stakeholders Committee was established to “come up with ideas” about how to address Livingston’s water issues, and “work with” the City and the Engineers and the Consultants who were hired to work on projects like this one, and to “make recommendations” to the City Council.
In October, 2012, the Resolution to Award a Contract to Filtronics, Inc. of Anaheim, California for Goods and Services Provided to Change Out the Arsenic Removal Media for the Well 16 Arsenic Removal Treatment System was approved by the City Council.
By September 03, 2013, most of the work had been completed and the only steps remaining to bring the well back online were stated to be as follows:
Final calibration/adjustment process fine tuning:
California Department of Public Health (CDPH) field inspection
CDPH approval of Operation Plan and Final Permit to Operate
During the September 03, 2013 City Council Meeting, there was an intense discussion about whether or not Well #16 really needed “improvements” like a Variable Frequency Drive or Orifice Plates, etc. before being brought back online.
Flash forward to February 10th, and According to the City’s (New Set Of) Engineers, the only thing really standing in the way of turning that well back on is getting the Well’s new Operations Manual approved by the California Department of Health. However, something DOES really need to be done to slow down the number of gallons the well pumps per minute: especially if the City plans to use the well on More-Than-Just-The-Occasional Basis. A Variable Frequency Drive would be nice: but expensive. Orifice plates would be much less expensive: but wouldn’t work as well.
NOW THE CITY NEEDS TO SKIP THE BIDDING PROCESS for Repairs and Upgrades to Well #16 altogether because, according to the Staff Report, “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.” Part of the reason this has become So Urgent Urgent Now is because
ALSO ON THE FOSTER FARMS SIDE OF TOWN, and reported to the Utility Rates Stakeholders committee as having been shut down for repairs, is Well #9. This well was taken offline for repairs, after reports by Foster Farms, and testing done by the City, revealed a problem with sand infiltrating the well.
According to the City Manager and Engineers, it could take anywhere from about a week to a month to “redevelop” the well and bring it back online.
According to the Findings in the Council Resolution, another reason given fixing up Well #16 is so Urgent is that “There is an urgent need to bring Well 16 in production to enable the City to move forward with the installation of wellhead treatment facilities at Well 13, which will require Well 13 to be off line for some time.”
According to the report by Kennedy Jenks, Well #13 (at Joseph Gallo Park) had been inactive, but was reactivated in early 2013. Which in my mind implies, that Livingston is getting pretty desperate for water.
AND THERE IS ONE MORE WELL ON THE FOSTER FARMS SIDE OF TOWN, that will need to shut off a while for scheduled “upgrades”: Well #8. This is the first well in Livingston scheduled to have a Filtration System for TCP installed. Back in 2004, the City began tracking the levels of TCP in Livingston’s water.
In 2005, the City sued Dow Chemical Corp about the TCP Contamination.
In 2006, the City of Livingston and Foster Farms entered into a Memorandum of Understanding in which Foster Farms would lend Livingston the money needed to get the Well #8 TCP Filtration Project moving along. In 2011, the City received a settlement from Dow Chemical: and I guess you could say the City no longer had the need to borrow the money from Foster Farms for that particular project.
In late 2011 the City Council awarded a Professional Engineering Services Contract for Water Treatment at the City Water Supply Well No. 8 (for TCP) to AECOM
In May, 2013, that contract was amended for Additional Design and Construction Support Services for the 1,2,3 Trichloropropane (TCP) Treatment at the City Water Supply Well No. 8
The City Council also approved a 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. in May, 2013.
In October, 2013 the City Council approved a Resolution Awarding Construction Contract to Conco West, Inc. of Manteca, CA; Approving the Expenditure of Construction Funds for the Well No. 8 Wellhead Treatment System and Authorizing the City Manager to Execute a Construction Contract and Any Change Orders Thereto with Conco West, Inc.
Although Well #8 is currently up and running, it is expected to be shut down sometime from May – July for construction.
Now Livingston is in the position of needing to do repairs and upgrades on multiple wells: the trick being to not to end up with multiple wells down at the same time and/or not have any at all down during the Summer: when water usage is at it’s highest.
Sooooo, let’s meander back to where we started about “Political Can Kickers”, “Water Truthers” and how that relates to the mess the City of Livingston is clearly in now.
And did I mention this is a drought year?
But I digress….
Back in 2007-2008 the Rate Study done by Dan Bergman talked about groundwater contamination, 6 wells needing treatment and the need for more capacity and storage etc.
In 2009 – 2010 a New Rate Study done by Raftelis Financial Consultants talked about: Pipeline Removal and Replacement, Wellhead Filtering at Wells 8, 16, 12, and 14; a New Supply Well #17, etc.
Not to mention the May 2009 Enforcement Letter for Violating the Secondary Maximum Contaminant Level for Manganese at Well #15 (which is by Starbucks) by the California Department of Public Health
But during the Days of the Run Up to the Recall over Water Rates, the Can Kickers and the Water Truthers joined forces and all reasonable discussions about Livingston’s Water System went to Hell in a Hand Basket.
And while the Post Recall Council started “cleaning house” and hiring Staff Of Their Own Choosing, the California Department of Health sent even more documentation which pointed out even more problems.
After the General Election of 2012, the “bad news” just kept coming in reports like:
Followed by the California Department of Health – Compliance Order For Violation of the Arsenic Maximum Contaminant Level: May 16, 2013
And it wasn’t just the California Department of Health saying there were problems. The New Staff/Consultants the New Council hired were saying pretty much the same thing. For example:
In July, 2013, the Feasibility Analysis For A Sustainable Water Treatment Strategy–Kennedy Jenks Consultants was released: Which basically stated that, yep, we have problems, big problems, and the longer we go the bigger they get.
So now, I believe the Can Kicking Days are coming to a close, and the painful truth of the matter is, unless the City can pull off some kind of miracle and get the State to bail us out somehow, we are going to end up in a world of hurt.
Now that it is an Election Year, I only hope we end up with a group of Open Minded and Informed Realists on the Council who can guide Livingston through the days to come.
BTW – SINCE WE TOUCHED ON THE SUBJECT OF WELLS ON THE FOSTER FARMS SIDE OF TOWN, something has been puzzling me for quite a while. Way back when the Utility Rates Stakeholders Committee was established, Foster Farms was “given a seat at the table” to represent the Industrial Class of Water Users: you can see for yourself how one of their VP’s was actually named on the Council Resolution.
I’ve been to practically every single meeting since that Committee was set up, and I can tell you that attendance by anyone from Foster Farms has been spotty at best over the last few months.
And I just can’t help but wonder why…I’ve heard there have been some “staffing changes” lately. But so far, no “Official Announcements”.
WATERING DAYS ARE BACK! At the January 21 City Council Meeting, the Council voted 4-0 to reinstate Mandatory Watering days in Livingston. According to the Municipal Code, the restrictions will be as follows.
9-5-712 (C) Water Restrictions.
When directed by the City Council, the following outside watering restrictions apply to residential, commercial and industrial customers of the City of Livingston:
1. All house numbers ending with an even number may water on Sunday, Tuesday, and Friday.
2. All house numbers ending with an odd number may water on Monday, Thursday, and Saturday.
3. No outside watering on Wednesday.
4. The washing of vehicles will be allowed on the designated watering day and on weekends (Saturdays and Sundays), regardless of house numbers, as long as a quick-acting positive shut-off nozzle is used.
It shall be the duty of the Police, Fire and all other departments and employees to give vigilant aid to the Public Works Department in the enforcement of the provisions of this chapter. (Ord. 576, 12-16-08)
To give Livingston’s residents time to adjust to the newly reestablished watering restrictions, the Council voted to give residents two “warnings”, before imposing fines as follows:
$25 (after those first two “reminder” warnings)
$50 the next time
$100 each time thereafter
The flier above states that “water conservationists are patrolling the City”, looking for violations of the Watering Restrictions.
PUBLIC HEARING ALERT! COUNCIL TO GIVE YOUTH FOOTBAL the right to a Fireworks Booth Permit for (2) years to ….At the 01/21/2014 City Council Meeting, the City Council voted 4/0 to direct staff to bring back an Ordinance which would eliminate the current Booth Permit Rotation list; assign (1) Booth Permit to the City which would be assigned to either the Recreation Department or other City Wide Non-Profit Organization, give the City Council to award (1) Booth Permit to the Organization of it’s choosing; and assign the remaining (3) Booth Permits by Random Lottery.
Also included in the Directions to Staff was to include language 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: 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.
Council Member Soria stated “One of the reasons I put this on is, a few months ago or I’m not sure when it was, we had a few fireworks booths grandfathered in. Youth Football wasn’t selected. I just want, being part coach, I volunteer as a coach and I see that the financial impact – that financial impact that it helps – in helping the Youth football and the kids. That’s what I’m about: about the kids.”
During that night’s discussion, Mayor Pro-Temp Samra said – …The best thing to do is have everything in front of us. Its nice and clean and everybody knows what we’re talking about and what we’re voting on…you want to vote on that’s fine. I don’t have any objections either way. But I think it would be cleaner if it was like written down so everybody knows what to do. My suggestion is to direct staff to bring to the Council at their earliest convenience as quickly as possible.
Mayor Espinoza stated — “I know that, the High School has had probably the majority of the booths all the time every year. And in memory of Mike Coronado, we think it’s a great thing to do.” and that
“I know we have it tough because if we give you guys priority we’re gonna get ridiculed and criticized by other organizations. But I know the High School has had it for a lot of programs: they had the majority of the years. So, but this is a good memory – of Mike Coronado’s memory – its still for our youth in Livingston so I’m all supportive. Two years – I agree to two years. So hopefully, later on in the future, what ever Council is here, they can decide that. But hopefully, to help out, right now this youth. With the other rotations – we’ll have to deal with that.”
Council Member Sacairos said — Like the Mayor said – we might get criticized. But, you know what, when I was growing up I had to go to Winton to play for the Cowboys because there was no program for here and I wish there was here and it was not cheap. So that’s what I have.
The City Attorney said —It’s just a rotation list. There is nothing currently in our Code that allows for this (grandfathering in any particular organization). The Code needs to be amended… But the direction helps a lot. That way it can be drafted a certain way. Seeing that this is an Ordinance, having the direction to put something General in there as far as the City Council selection helps because then by Resolution or Motion, then you could decide who gets that booth.
And now on to the..
CONCURRENT MEETING OF THE CITY
COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF LIVINGSTON
REGULAR MEETING AGENDA
FEBRUARY 18, 2014
CLOSED SESSION: 6:00 P.M.
OPEN SESSION: 7:00 P.M.
Notice is hereby given that the City Council and Successor Agency to the Redevelopment Agency of the City of Livingston will hold a Regular Meeting on February 18, 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 at the City Council Chambers located at 1416 C Street. The agenda shall be as follows:
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. Successor Agency
Conference with Legal Counsel – Existing Litigation
[Government Code Section 54956.9(d)(1)]
City of Livingston and Successor Agency to the Livingston
Community Redevelopment Agency v. Ana Matosantos, et al
Superior Court of the State of California – County of Sacramento
Case No. 34-2013-80001460
4. Conference with Legal Counsel – Potential Litigation
[(Government Code Section 54956.9(d)(2)]
Number of Cases: 2
5. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: City Manager Jose Antonio Ramirez
Employee Organizations: All Represented City Employees
CALL TO ORDER
Roll Call. Next Resolution No. 2014-4
Next Ordinance No. 611
Pledge of Allegiance. Next Successor Agency
Resolution No. 2014-1
Closed Session Announcements
Changes to the Agenda.
ANNOUNCEMENTS AND REPORTS
Supervisor John Pedrozo Announcements and Reports.
City Staff Announcements and Reports.
City Manager Announcements and Reports.
City Council Members’ Announcements and Reports.
Mayor’s Announcements and Reports.
1. Resolution Conditionally Approving Site Plan/Design Review 2013-04 for the Proposed Motel 6 Project, a 75-Room, 3-Story Motel on a 2.43 Acre Parcel Located at 110 N. Del Rio Avenue.
2. Ordinance of the City Council of the City of Livingston Amending Title 7, Chapter 4 of the Livingston Municipal Code Pertaining to Fireworks and the Issuing of Permits.
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.
3. Resolution Supporting and Implementing AB 1012 “Timely Use of Funding”.
4. Resolution Authorizing Award of Contract/Purchase Order to Sequoia Equipment Co., Inc., Fresno, California for the Purchase of One (1) Tier 4 Title 23 Backhoe Purchase.
5. Resolution Approving Amendment No. 1 to the Contract Agreement Between the City of Livingston and HDL Coren & Cone to Continue Providing Support Services in Property Tax Areas and Authorizing the City Manager to Execute a Three Year Service Contract Extension.
6. Waive the Second Reading and Adopt Ordinance No. 610 of the City Council of the City of Livingston, Amending Livingston Municipal Code Sections 1-18-11 (A), 4-6-3, 4-2-8-2 (A)(3), 4-2-8-2(A)(4), 8-2-1, and Zoning Ordinance Sections 5-3-16 (Table 7), 5-5-8 (E)(Table 12), and 5-4-7 (C).
8. Approval of Warrant Register Dated February 13, 2014.
“CONSENT CALENDAR – SUCCESSOR AGENCY”
9. Resolution of the Successor Agency to the Redevelopment Agency of the City of Livingston Approving the Recognized Obligation Payment Schedule (ROPS 14-15A) Pursuant to Health and Safety Code Section 34177 for Period July Through December 31, 2014.
DISCUSSION AND POTENTIAL ACTION ITEMS