“Carding” Public Comments, Last Minute Cancelations, And a Couple of Audits and Meeting Agendas

1. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented and Unrepresented City Employees.

Excerpted from Closed Session: October 18, 2011 City Council Meeting Agenda (Which was Canceled by the way-the Closed Session Part)

Have you noticed how Closed Sessions about Negotiating with the Employee Organizations are getting canceled: almost on a regular basis?

hmmmmm..….More on that later..but first let’s check into Delta Bravo Sierra Land.

Just a Little Give and Take Don't Ya KnowAn Angry Bird and a Colonel UAR-From Jag--this could get even more interistingWhy Do I Sense Someone Is About to Get Another Arse Chompin'

Where will this little adventure end? You never know when it’s Delta Bravo Sierra Land!

There’s Strange..and then there’s Army Strange: courtesy of Damon Shackelford: furious scribbler of military cartoons. {He’s on Facebook too! and even has his own Comic Book!!!}

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Help Give the Lil Guys and Gals and even better place to play!

In 2006 the city purchased the storm drain basin (4 lots) next to the park and filled it in with the intent of making it a park to service the ball park participants and their families. Since then, Lil Guys and Gals field has been a ball park used for many years by the residents of Livingston.

The Recreation Commission determined in 2011 to take on the park as a project. The commission wanted to involve the community and let them help bring this project to reality. By purchasing a stepping stone the community not only provides the financing for the park, but in turn places a personal monument in the park for years to come.

Recreation Tri TipStones will be sold until there are enough sales to cover the completion of the park. The Commission’s goal is Summer of 2012.

Once you have purchased a stone you will be called by the Recreation Department for an appointment to make/create your stone. 

If you are interested in creating a Memorial Stone and/or participating in one of the many work days that will take place to upgrade the park, call the Recreation Office at 394-8830 for more information.

And Don’t forget that Tri-Tip Dinner! Proceeds go to help the Park!

Breakfast with the VFW

The Livingston/Delhi Veterans of Foreign Wars and Ladies Auxiliary Breakfast will be served on October 30, 2011, at the Livingston Veterans Memorial Hall, located at 1605 7th Street, in Livingston. Adults can eat for $6.00, and the children under 12 for eat for $4.00. Breakfast consists of Pancakes, French Toast or Biscuits and Gravy; served with Eggs cooked to order, Hash Browns, Sausage or Ham and Coffee and Juice. Breakfast will be served from 8 am to 12 pm.

Rummage-Sale_thumb1Ladies Auxiliary Rummage Sale
The next Ladies Auxiliary Rummage Sale will be held November 30 and December 1-2 , 2011. If you have anything to donate contact Denis or Sue Wells and let us know where and when you would like someone to pick the items up.

VETERANS DAY PARADE This November in Livingston

Mark your calendar! The Livingston/Delhi Veterans of Foreign Wars #8327 and Ladies Auxiliary will be hosting the Annual Veterans Day Parade in the City of Livingston on November 11, 2011, at 11:00 am.

If you wish to have an entry in the parade, for an entry form contact Denis Wells at (209) 394-2059..

VOICE OF DEMOCRACY CONTEST

American FlagAre you a 9th through 12th grade student?

Could you use a scholarship of up to $30,000 from the Veterans of Foreign Wars?

The Voice of Democracy Contest is an Audio Essay contest that gives the students who are enrolled in the 9th through 12th grade in a public, private or parochial school, or home study program, (excluding foreign exchange students, students older than 19 years, and former State Voice of Democracy winners) the opportunity to express their opinion in a three to five minute audio (cassette tape or CD) on the theme, ‘Is There Pride In Serving In Our Military?’.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

From the local level the winners will move on to District, State and then National, and there are prizes at each level.

The national first-place winner receives a $30,000 scholarship paid directly to the recipient’s American university, college or vocational/technical school. Other national scholarships range from $1,000- $16,000 and the first-place winner from each (State) VFW Department wins an all-expense-paid trip to Washington, D.C.

Essay and entry forms are due to the Post Commander, Denis Wells, no later than November 1, 2011.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or at www.vfw.org.

PATRIOT’S PEN CONTEST

Uniforms from 1776 to Iraqi Freedom Photo Courtesy of US ArmyThe Patriot’s Pen Essay contest gives students who are enrolled in the 6th, 7th and 8th grades, in public, private, parochial school or home study program, the opportunity to express their opinion in a written essay of 300 to 400 words, on the patriotic theme ‘Are You Proud of Your Country?”.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

From the local level the winners will move on to District, State and then National, and prizes are awarded at all levels.

Annually, roughly 112,000, students from grades 6-8, enter to win one of several savings bonds totaling $1.2 million, as well as an all-expense-paid trip to Washington, D.C. for the National first place winner.

Essay and entry forms are due to the Post Commander, Denis Wells, no later than November 1, 2011.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or on line at www.vfw.org.

NATIONAL YOUNG AMERICAN CREATIVE PATRIOTIC ART CONTEST

Photo courtesy of army_milAttention 9th through 12th grade students!

The Ladies Auxiliary to the Veterans of Foreign Wars is the sponsoring the National Young American Creative Patriotic Art Contest.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate,Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

The winning artwork will be eligible for State competition, and from there, to the National competition, where the winning artists can receive scholarships of up to $10,000.

Entries are due by March 1, 2012. Students must have crafted their entries during the 2011-2012 school year – and this must be verified by a teacher’s signature on each entry form. If a student used the U.S. Flag in his or her work, the flag’s depiction must conform to the Flag Code.

Partial contest rules: Artwork must be on paper or canvas and must be 8 inches by 10 inches to 48 by 24 inches, not including mats. Watercolor, pencil, pastel, charcoal, tempera, crayon, acrylic, pen-and-ink or oil may be used. Digital art may be used, but must be on paper or canvas; no computer discs will be accepted. Do not frame entries. Submit canvas entries on stretcher frames. Other entries must be matted on white. Do not use color mats. In matting, use heavy paper to reinforce the back. Mounted and floating mats may also be used.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or on line at www.lavfw.org.

Donita "Sue" Wells
Ladies Auxiliary VFW 8327-13
Secretary Treasurer
1159 2nd Street — Livingston CA 95334-1204
(209) 394-2059 — Cell (209) 648-4668
Fax (209) 394-9199 — Email
denisue@gvni.com

The 2011-2012 Draft Budget for the City of Livingston has been Published.

And you still have time to look it over before the Council “talks about it” in Open Session. The nice thing about a PDF file is the handy dandy search box at the top. Just type in what your interested in and the computer will find it for you. CLICK HERE to see it

If You’ve Been a Regular City Council Meeting Agenda Watcher

you’ve noticed this Brand Spankin’ New Addition to City Council Meeting Agendas:

CITIZEN COMMENTS – NOTE: Public Comment/Speaker Cards are now available on the back table of the City Council Chambers. Please fill out the appropriate card and submit to Meeting Recorder.

and some of your may be wondering “What the Heck?” and “Whose Idea Was This?”

And I can think of a few Recall Supporters whose very first reaction to the idea might well be “Card? You mean I have to fill out a stinkin Card if I want to say something during a Council Meeting?”

This could be fun!

You see…while the use of Comment Cards to “speed the process of Public Comments along and/or “give people who don’t like to speak in public” an alternative to “speaking publically” isn’t necessarily a violation of the Brown Act and/or the First Amendment, so long as EVERYBODY has to use them..

Using those cards to limit “who gets to talk about what and when” is a whole nuther ball game.

So is “letting friends/supporters” of Council Members have their say, but “forgetting” to let “the other side” have their say too. (oops! where did that card go! we bad!)

Which means…. all those other folks who have complained in the past about  other City Council persons “not wanting to listen to the people” will have to show up to the meetings in time to fill out those cards too!

Just like everybody else…

Come to think of it..Which could get real “interesting” come Prop 218 Hearing time

And the next Election Cycle Smile

If You’ve Been a Regular City Council Meeting Agenda Watcher, You’ve also noticed

that negotiations with the City Employees Bargaining Units seem to be dragging on just a “tad”: matter of fact, Closed Sessions Items about this have been canceled at least twice.

Last year, Extensions of MOU’s (Memorandum of Understandings) with the vast majority of Employee Bargaining Units was adopted by a 5-0 vote of the City Council at the July 6, 2010 Council Meeting as the following Consent Calendar Items:

6. Resolution No. 2010-35, Approving an Extension of the Current Memorandum of Understanding Between the City of Livingston and the City of Livingston Clerical Employees Association.

7. Resolution No. 2010-36, Approving an Extension of the Current Memorandum of Understanding Between the City of Livingston and the City of Livingston Management and Confidential Employees Association.

8. Resolution No. 2010-37, Approving an Extension of the Current Memorandum of Understanding Between the City of Livingston and the Livingston Police Officers’ Association.

9. Resolution No. 2910-38, Approving an Extension of the Current Memorandum of  Understanding Between the City of Livingston and the City of Livingston Public Works and Parks Employees Unit.

10. Resolution No. 2010-39, Approving an Extension of the Current Memorandum of Understanding Between the City of Livingston and the Livingston Supervisory Employees Association.

11. Resolution No. 2010-40, Approving an Extension of the Current Understandings Between the City of Livingston and the City of Livingston Unrepresented Employees not Associated with any City Bargaining Union.

And If memory serves me correctly, nobody got a raise (or if they did, it wasn’t much of one – correct me if I’m wrong – Please)

Sooooooo….last year, it was all “done” by July…let’s see…July, August, September, October, November?, December?

And don’t try to tell me it’s because “we just hired a New City Manager” and a “New Assistant City Manager Either” either…

Unless the Council has had it’s collective head up a very dark place, they all knew the Fiscal Year ended on June 30th and they had an Acting City Manager who has been here way long enough to have at least gotten the process started!

Which Reminds Me

If you would like a “brief snapshot” of what has been on the City Council’s Plant for the past few months, you can go to my  2011 CITY COUNCIL Agendas and Meeting Minutes Page.

There, you will find links to Agendas, Draft Minutes, Staff Reports, Resolutions, Ordinances and other “back up documentation”. No…it’s not “everything-everything-everything, but it’s enough to give you a good idea about “where we’ve been” and where we might be going in the future.

Speaking of Agendas, on to the

REDEVELOPMENT AGENCY MEETING AGENDA

OCTOBER 18, 2011

CITY COUNCIL CHAMBERS

6:45 P.M.

Notice is hereby given that the Livingston Redevelopment Agency will hold a Regular Meeting on October 18, 2011, in 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 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 Regular Meeting will begin at 6:45 p.m. The agenda shall be as follows:

Regular Meeting

CALL TO ORDER Next Resolution Number: 2011-2

Roll Call.

Changes to the Agenda.

CITIZEN COMMENTS – NOTE: Public Comment/Speaker Cards are now available on the back table of the City Council Chambers. Please fill out the appropriate card and submit to Meeting Recorder.

This section of the agenda allows members of the public to address the Redevelopment Agency on any item NOT otherwise on the agenda. Members of the public, when recognized by the Chair, 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 Redevelopment Agency this evening and all items will be referred to staff for follow up and a report. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the Redevelopment Agency as each item is brought up for discussion.

PRESENTATIONS

1. City of Livingston Redevelopment Agency – Independent Auditor’s Report and Financial Statements June 30, 2011.

CONSENT CALENDAR

2. Approval of Minutes of Special Meeting of August 23, 2011.

ADJOURNMENT

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CITY COUNCIL REGULAR MEETING AGENDA

OCTOBER 18, 2011

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 October 18, 2011, 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 of Livingston City Hall Conference Room 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 Hall Conference Room 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.

1. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented and Unrepresented City Employees.

Regular Meeting

CALL TO ORDER Next Resolution Number: 2011-67

Next Ordinance Number: 598

Pledge of Allegiance.

Roll Call.

Closed Session Announcements

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. City of Livingston – Independent Auditor’s Report and Financial Statements June 30, 2011 and City of Livingston Local Transportation Development Act Fund – Independent Auditor’s Report and Financial Statements June 30, 2011.

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

CITIZEN COMMENTS – NOTE: Public Comment/Speaker Cards are now available on the back table of the City Council Chambers. Please fill out the appropriate card and submit to Meeting Recorder.

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. Waive the Second Reading and Adopt Ordinance No. 596 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 4, Chapter 2, Relating to Signage.

3. Waive the Second Reading and Adopt Ordinance No. 597 of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-3-16-1 (A)(1) Setback Exceptions Concerning Small Doorway Covers.

4 Resolution Supporting the California Air Resources Board’s Leadership in Promoting Clean and Efficient Motor Vehicles, Energy Independence, Zero Emission Technologies and Improved Quality of Life in California.. it {Note from TheGardeningSnail – yep..I know you’ll also get the warrant register, meeting minutes, and TIGER Grant stuff if you click on this link..but hey…}

5. Approval of Minutes of Meeting Held on October 4, 2011.

6. Approval of Warrant Register Dated October 12, 2011.

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Resolution Approving Submittal of a Grant Application to the Department of Transportation TIGER 3 Discretionary Grants. {Note from TheGardeningSnail: there was nothing in the Agenda Packet I downloaded over the weekend about this item…but I did find This, and This, And This from the Federal Register, that you might find interesting…I got Part 2 of the Agenda Packet downloaded on Tuesday…so if you go to Item 4 above and click on that, then go to page 67 of the PDF File…you’ll find it. I may have time later this week to break it up into it’s own individual page..but this is the best I can do at the moment.}

ADJOURNMENT

And there is also the

2011 CITY COUNCIL Agendas and Meeting Minutes

Police Chief Recruitment City of Livingston

2012-2012 City of Livingston Draft Budget

The “Mission of the Utility Rate Stakeholders Committee” 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 (Granted, it’s a Work in Process, but there are links to things there you might be interested in.)

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

 

Skate Parks, Grand Jury Reports, A New Asst. City Manager, and A City Council Agenda

After 35 years in and out of public service, Sen. Dianne Feinstein finally got something named after her — a skateboard park in the tiny Central Valley farming town of Orange Cove, about 20 miles outside Visalia. – DiFi’s the bomb in tiny Orange Cove / Central Valley town honors Dem senator for her generous attention

Grand Jury Intro

2009-2010 Fresno County Grand Jury Report #10 (Pgs. 181-187) and Sanger Herald

Records and interviews show the city spent lavishly on a park that today, 2 1/2 years after it opened, is hardly used. The park has, however, caught the attention of state auditors, who wonder why the city can’t account for some of the costs.They Built A BMX Park And No One Came

Jose Antonio Ramirez, who was Orange Cove’s city manager from 2000 to 2003, and Alma Lopez-Guerra, who was in charge of the city’s day care center from 2001 to 2004, said they, too, were frustrated with Lopez’s grip on city government. They said their attempts at reform were met with resistance and they eventually resigned -  Ibid    

"I came across unethical activity and very unprofessional accounting practices, which were signs of corruption," Ortiz said. "City officials would violate city procedures, policies, municipal code and state law." – Ibid

In the end, the park cost about $800,000 to build — including the city’s share of about $300,000. One contractor who worked on the project and who has helped build other BMX parks said most comparable projects cost about $100,000. – Ibid

Grand Jury Conclusion 1

2009-2010 Fresno County Grand Jury Report #10 (Pgs. 181-187) and Sanger Herald

 

Can of WormsWhat do Skate Parks, Grand Jury Reports and a New City Manager / Assistant City Manager have in common?

It’s a whale of a tale to tell you lad. A whale of a tale  or two.  A tale that begins in the tiny town of Orange Cove: full of allegations of waste, fraud and just plain ole fashioned “dastardly doings” and “shady shenanigans”: replete with links to “famous names” like Senator Dianne Feinstein, comedian Paul Rodrigues (and his skateboarding son), and a few “not so famous names” like our own Brand New City Manager and Assistant-City-Manager-To-Be.

I’ll go into a few more details later. (You know what they say about “opening that can of worms”) But first…lets check in on Delta Bravo Sierra Land.

Boing-Boing Just In and OutSome Critters Never LearnOne Mini-Chomp Coming Up

And there is much more to the story, and even more to come. You can find out about “what happened in between” by going to Delta Bravo Sierra Landyourself and looking around.

There’s Strange..and then there’s Army Strange: courtesy of Damon Shackelford: furious scribbler of military cartoons. {He’s on Facebook too! and even has his own Comic Book!!!}

Breakfast with the VFW

The Livingston/Delhi Veterans of Foreign Wars and Ladies Auxiliary Breakfast will be served on October 30, 2011, at the Livingston Veterans Memorial Hall, located at 1605 7th Street, in Livingston. Adults can eat for $6.00, and the children under 12 for eat for $4.00. Breakfast consists of Pancakes, French Toast or Biscuits and Gravy; served with Eggs cooked to order, Hash Browns, Sausage or Ham and Coffee and Juice. Breakfast will be served from 8 am to 12 pm.

Rummage-Sale_thumb1Ladies Auxiliary Rummage Sale
The next Ladies Auxiliary Rummage Sale will be held November 30 and December 1-2 , 2011. If you have anything to donate contact Denis or Sue Wells and let us know where and when you would like someone to pick the items up.

VETERANS DAY PARADE This November in Livingston

Mark your calendar! The Livingston/Delhi Veterans of Foreign Wars #8327 and Ladies Auxiliary will be hosting the Annual Veterans Day Parade in the City of Livingston on November 11, 2011, at 11:00 am.

If you wish to have an entry in the parade, for an entry form contact Denis Wells at (209) 394-2059..

VOICE OF DEMOCRACY CONTEST

American Flag Are you a 9th through 12th grade student?

Could you use a scholarship of up to $30,000 from the Veterans of Foreign Wars?

The Voice of Democracy Contest is an Audio Essay contest that gives the students who are enrolled in the 9th through 12th grade in a public, private or parochial school, or home study program, (excluding foreign exchange students, students older than 19 years, and former State Voice of Democracy winners) the opportunity to express their opinion in a three to five minute audio (cassette tape or CD) on the theme, ‘Is There Pride In Serving In Our Military?’.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

From the local level the winners will move on to District, State and then National, and there are prizes at each level.

The national first-place winner receives a $30,000 scholarship paid directly to the recipient’s American university, college or vocational/technical school. Other national scholarships range from $1,000- $16,000 and the first-place winner from each (State) VFW Department wins an all-expense-paid trip to Washington, D.C.

Essay and entry forms are due to the Post Commander, Denis Wells, no later than November 1, 2011.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or at www.vfw.org.

PATRIOT’S PEN CONTEST

Uniforms from 1776 to Iraqi Freedom Photo Courtesy of US Army The Patriot’s Pen Essay contest gives students who are enrolled in the 6th, 7th and 8th grades, in public, private, parochial school or home study program, the opportunity to express their opinion in a written essay of 300 to 400 words, on the patriotic theme ‘Are You Proud of Your Country?”.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

From the local level the winners will move on to District, State and then National, and prizes are awarded at all levels.

Annually, roughly 112,000, students from grades 6-8, enter to win one of several savings bonds totaling $1.2 million, as well as an all-expense-paid trip to Washington, D.C. for the National first place winner.

Essay and entry forms are due to the Post Commander, Denis Wells, no later than November 1, 2011.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or on line at www.vfw.org.

NATIONAL YOUNG AMERICAN CREATIVE PATRIOTIC ART CONTEST

Photo courtesy of army_mil Attention 9th through 12th grade students!

The Ladies Auxiliary to the Veterans of Foreign Wars is the sponsoring the National Young American Creative Patriotic Art Contest.

The first place winner at the local level (Livingston VFW) will be awarded $100, a ‘Liberty Jacket’ and a certificate: Second Place $75.00 and a Certificate, Third Place, $50.00 and a Certificate. All entries receive a Certificate of Participation.

The winning artwork will be eligible for State competition, and from there, to the National competition, where the winning artists can receive scholarships of up to $10,000.

Entries are due by March 1, 2012. Students must have crafted their entries during the 2011-2012 school year – and this must be verified by a teacher’s signature on each entry form. If a student used the U.S. Flag in his or her work, the flag’s depiction must conform to the Flag Code.

Partial contest rules: Artwork must be on paper or canvas and must be 8 inches by 10 inches to 48 by 24 inches, not including mats. Watercolor, pencil, pastel, charcoal, tempera, crayon, acrylic, pen-and-ink or oil may be used. Digital art may be used, but must be on paper or canvas; no computer discs will be accepted. Do not frame entries. Submit canvas entries on stretcher frames. Other entries must be matted on white. Do not use color mats. In matting, use heavy paper to reinforce the back. Mounted and floating mats may also be used.

Complete rules and entry forms can be obtained from Denis or Sue Wells at 394-2059 or on line at www.lavfw.org.

Donita "Sue" Wells
Ladies Auxiliary VFW 8327-13
Secretary Treasurer
1159 2nd Street — Livingston CA 95334-1204
(209) 394-2059 — Cell (209) 648-4668
Fax (209) 394-9199 — Email
denisue@gvni.com

The 2011-2012 Draft Budget for the City of Livingston has been Published.

And you still have time to look it over before the Council “talks about it” in Open Session. The nice thing about a PDF file is the handy dandy search box at the top. Just type in what your interested in and the computer will find it for you. CLICK HERE to see it

Now…..I’m Going to Invoke the Story Teller’s License Here

To tell you just a little bit about a City Manager, a Chief Financial Officer, a “mismanaged Skate Park Project”, allegations of illegalities, and a Grand Jury Report.

And…as Story Teller (as opposed to “newsperson”) I am giving myself permission to ramble a tad. 

No…..I cant give you all of the “allegations and legal woes” involved (even though an anonymous friend or two has helped with the research over the weekend. OK…helped A LOT with the research). 

It’s just that: the more we dig, the more we find, which leads to even more digging and even more finding…..and we just gotta quite somewhere if we’re ever going to get this post done before the next Council Meeting takes place.

Ready? Here we go…

Once upon a time, there was a little town named Orange Cove and it’s Mayor: Victor Lopez, who was the Mayor for many years. Mayor Lopez had somewhat of an unsavory reputation among some people, but he also had the reputation for bringing in the “big bucks” with the help of “big friends” like Dianne Feinstein.

Along comes a City Manager named Jose Ramirez, who became the City Manager of Orange Cove from 2000 to 2003.  According to the tale, he ended up butting heads with the Mayor, who was pretty much used to doing what he (the mayor) wanted to do, when he wanted, and how he wanted. Mr. Ramirez eventually resigned because he was “frustrated with (the Mayor’s) grip on city government”.

Well…after Mr. Ramirez left Orange Cove, he went to Firebaugh and eventually from there to Livingston.

Then Along came Odilon Ortiz, who became the finance manager of Orange Cove from November 2005 until he was fired in June 2007. The City Manager at the time (Bill Little: now deceased) said Mr. Ortiz had “a bad attitude”. Mr. Ortiz claimed he was fired for pointing out issues of waste, mismanagement and outright fraud in the City’s Financial doings. Things like:

  • city officials to ignoring normal contract bidding rules,
  • being ordered to NOT issue 1099’s or W2’s for the Mayor’s Son Victor Jr.
  • and a whole host of other things (one might consider sleazy, unsavory, and downright rude to the taxpayers who were ultimately footing the bill)

Mr. Ortiz sued the City of Orange Cove for retaliatory termination: (which didn’t turn out to well for Mr. Ortiz in the Courts of Legal Opinion).

However, a Grand Jury Investigation into the financing and building of the Dianne Feinstein BMX Park seems to bear out most  of the allegations of waste, fraud, mismanagement, and or ineptitude that Mr. Ortiz had been trying to bring to light…(and had been fired for doing so)

It ended up that Bill Little, the city manager and the man who allegedly told Ortiz NOT to issue 1099s or W2s for the Mayor’s son, Victor Lopez, Jr. was killed after leaving a City Council meeting when a big rig “crossed his path”,

Mayor, Victor Lopes ended up under investigation for threatening the current Police Chief and has been quoted as having said things like: “you don’t know what kind of people I haveYou better watch your back.”

Victor Lopez Jr., was arrested for a methadone operation and found in possession of a controlled substances when his house was raided. He was also arrested for a Parole Violation after he was witnessed "…..checking the layout of the police station, the timing of the gates, how long they stay open, which cars they believe to be police vehicles.".

David Lopez, the Mayor’s other son that Mr. Ortiz was told to keep quiet about in regards to earnings from the City, was arrested for assaulting his wife,.

The state of California refused to pay any of the $ 400,000 + grant money which had been previously awarded for the BMX park, due to discrepancies and irregularities in the expenses associated with its construction and operation and the Grand Jury told the City of Orange Cove to get it’s act together big time.

Mayor Lopez eventually lost his most recent election to a garbage truck driver in November 2010, and two of the city council members lost their seats as well.

However, though his connections with Paul Rodriguez (the comedian) , was able to secure a job as the Secretary of the California Latino Water Coalition (CLWC):(Some might find it interesting to note that Paul Rodriguez Jr. (the comedian’s son) is a Professional Skateboard/BMX competitor and that when Victor Lopez Jr (the Mayor’s son). was arrested, he (Victor Lopez Jr.) was renting the home of Paul Rodriguez Sr. (the comedian)

And, the Former City Manager of Orange Cove, Jose Ramirez has now chosen Former Orange Cove CFO Mr. Odilon Ortiz to be the next Chief Financial Officer of of Livingston.

Small World. Isn’t it? And now on to the

CITY COUNCIL REGULAR MEETING AGENDA

OCTOBER 4, 2011

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 October 4, 2011, 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 of Livingston City Hall Conference Room 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 Hall Conference Room 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 Appointment

(Government Code Section 54957)

Title: Assistant City Manager/Finance Director

4. Conference with Legal Counsel – Potential Litigation

(Government Code Section 54956.9)

Number of Cases: One

5. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented and Unrepresented City Employees.

Regular Meeting

CALL TO ORDER Next Resolution Number: 2011-65

Next Ordinance Number: 596

Pledge of Allegiance.

Roll Call.

Closed Session Announcements

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Bob Kalman, Environmental Management Services (EMS), Water and Wastewater Collection Systems Services Provided to the City of Livingston by EMS.

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

2. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code Title 4, Chapter 2, Relating to Signage.

3. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-3-16-1 (A) (1) Setback Exceptions, Concerning Small Doorway Covers.

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. Resolution Rejecting All Bids for Cal Fire Station #96 Vertical Air Flow Exhaust Removal System and Authorizing the City Manager to Re-advertise for Bids.

5. Approval of Minutes Held on September 20, 2011 (Special Meeting).

6. Approval of Minutes Held on September 20, 2011 (Regular Meeting).

7. Approval of Warrant Register Dated September 28, 2011.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Resolution of the City Council of the City of Livingston Approving Employment Agreement Between the City of Livingston and Odilon Ortiz Jr. for his Employment as Assistant City Manager/Finance Director.

ADJOURNMENT

And don’t forget the

Police Chief Recruitment City of Livingston

2012-2012 City of Livingston Draft Budget

The “Mission of the Utility Rate Stakeholders Committee” 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 (Granted, it’s a Work in Process, but there are links to things there you might be interested in.)

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

Grand Jury Guffaws with Translations

“Jury: The council should regularly evaluate the city manager and the city manager should evaluate the staff.

Translation: And the voters need to re-evaluate this council.

Jury: The council should reprimand the vice mayor who bought the table with his own money but represented the city at the fund-raiser.

Translation: The council has, in effect, had a couple of vice mayors since November. Reprimand them all to send a message.

Jury: Hire a consultant who is an expert in rapidly changing cities with rapidly changing demographics.

Translation: You are in way over your head.” (from “Report inspires lots of eye rolls”, Jeff Jardine, Modesto Bee)

Well, Well….

It looks as if little ole Livingston isn’t alone in being behind the Grand Jury Eight Ball.

It’s not the only town that hasn’t done an evaluation on its City Manager in a while, either.

Seems Riverbank is having its share of mishaps, misadventures, and malcontents.

“Rarely is a civil grand jury report so simultaneously entertaining and embarrassing” says Jardine.

Since “perspective” is always a good thing….I thought his take on Riverbank’s trials and travails was both enlightening and entertaining. So I’m linking to it HERE. Happy Reading!

Now where did I put all my stuff on Livingston’s Grand Jury Report and Postscript? Hmmmm…

There’s Gonna Be Some Heartache Tonight

 

“Somebody’s gonna hurt someone

before the night is through

Somebody’s gonna come undone.

There’s nothin’ we can do”.[1]

 

Seems like City Council meetings are sounding like “same song, next verse, a little bit louder and a little bit worse”

 

Bet the volume may really “crank up” Tonight. There are a couple items on the Agenda that are sure to push “hot buttons” on both sides of the dais.

 

No. I’m not talking about Water Rates. (Although that is on the agenda for—what is it?—the 5th time already?)

 

I’m talking about a couple other Agenda items!

 

Time to “break out” the Advil, Maalox, and maybe the Valium, and take a peak at:

 

Agenda Item #13. City Council Guidance Regarding California Department of Public Health Enforcement Letter for Failure to Comply with Secondary Drinking Water Standard for Manganese for Well #15.

o       According to the Staff Report

§        “Manganese concentrations in Well #15 exceeded the aesthetic, not health related, secondary drinking water standard”

·        (Translation: It might make the water taste funky, but it won’t kill you)

§        The California Department of Public Health sent a letter to the City about it.

§        The City has only until June 19, 2009 to “Submit a written response to the letter and provide a plan and timeline for addressing the secondary drinking water standard exceedance.

·        (Translation: What is the City gonna do about it)

o       Choice A: Apply for a 9 year waiver

o       Choice B: Install a treatment system for manganese on Well #15

 

The application process for the wavier is long, and somewhat complicated: requiring the City survey all water system customers AND more than half of the customers MUST respond for the survey to be valid.

 

How much will the “waiver process” cost the City?—–Don’t know.

 

However, installing a treatment system for manganese on Well #15 would cost the City about $1 million. (Like we even have a $1 million in Reserves.–No! Wait!–It’s about $1 million in Deficits we have already!)

 

Is your head spinning yet? OK—Let’s go on to……

 

Agenda Item #16. Consideration of Response to Grand Jury Postscript to FY 2007-2008 Grand Jury Report and City’s Investigation Reports and Conflict of Interest Analysis and Resolution Reaffirming LMC 1-6-4.

o       The Staff report contains a ‘laundry list” of violations of the City’s Municipal Code and potential violations of California’s “conflict of interest” laws.

 

Oh Boy—this one is a sore subject with several people. I just hope it doesn’t end up in a “shouting match” of some kind.

 

With a packed as this Agenda is, and as controversial as some Agenda Items are, I can’t help but wish some folks would be willing to leave the “blame throwers” at home so we can get some work done.

 

The way thinks have been going lately, I kinda doubt it.

(I hope I’m wrong)

 

“We can beat around the bushes;

We can get down to the bone

We can leave it in the parkin’ lot,

But either way, there’s gonna be a

Heartache tonight, a heartache tonight I know.”[2]

 

(And we could be “up” till way past “dark thirty”) L


[1]“Heartache Tonight" is a song written by Don Henley, Glenn Frey, Bob Seger and J. D. Souther, and recorded by the Eagles. The track was included on their album The Long Run and released as a single in 1979. It reached #1 on the U.S. Billboard Hot 100 in November of that year.” (From: Wikipedia)

[2] Ibid.