The water has been brown to red since the late 60′s to mid 70′s. The old pipes in certain parts of town have never been replaced. Every new city manager that came in and left, did nothing to remedy this. . Excerpt from a Comment by Karma on “Dirty Smelly Water On Tap in Livingston” – Merced Sun Star (emphasis mine)
Should’ve, would’ve, could’ve but didn’t. Yes it’s true, past councils did not raise water rates in small increments when they should have. We can’t go back and it is what it is now. That doesn’t mean we should make up for it ten-fold now. This city manager needs to go and will as soon as the recall goes through. And it will!! The people will prevail!!! Exerpt of a comment by Starlifter, Recall effort under way in Livingston Merced Sun Star
“We are paying a lot for water. The money you are collecting from us is being used to pay for a new police chief who used to make less money where he lived before than what he is now making here. …You shouldn’t charge us more for our water use so that you can pay the new chief of police $10,000 more….You now have a new chief of police and you are paying him more money….” – Excerpted from a Public Comment: April 20, 2010 City Council Meeting Draft Minutes (emphasis mine)
“In the 60’s, people took acid to make the world appear weird. Now the world is weird: people take prozac to make it normal!”Soledad Chavez
‘Toffler aRecall. But rgues that society is undergoing an enormous structural change, a revolution from an industrial society to a "super-industrial society". This change will overwhelm people, the accelerated rate of technological and social change leaving them disconnected and suffering from "shattering stress and disorientation" – future shocked. Toffler stated that the majority of social problems were symptoms of the future shock. In his discussion of the components of such shock, he also popularized the term "information overload."’ From Future Shock – Wikepedia
Nah…this post isn’t a Macro-Commentary about about Society-In-General. But I will say that, on a more Micro-Level, some of the members of our City Council are sure having trouble keeping their information, facts,“stories” straight.
Side note. By the way. Did you notice how MUCH Starlifter and Karma had to say before the Recall. But now don’t seem to have much of anything to say about happenings in Livingston NOW? Not even a “good job” to the Volunteers doing good things for the City of Livingston. It’s like they have decided to shut up and crawl under a rock.
Weird huh?
Speaking of “Weird”. Let’s Check in on the latest happenings in Delta Bravo Sierra Land.
Um…how did the “lowly” specialist end up losing his arse? Guess you’ll have to go to Delta Bravo Sierra Land yourself to find out. {Wouldn’t worry too much ‘bout the specialist though. It is a cartoon world. Tails can grow back. 🙂 }
There’s Strange..and then there’s Army Strange: courtesy of Damon Shackelford: furious scribbler of military cartoons. {He’s on Facebook too! 
}
Upcoming Events Worth Keeping in Mind
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..
Family Hamburger Night Thursday July 28, 2011
Join us for the VFW Hamburger Night, Thursday June 30, 2011. Meals will be served from 6-8 pm at the Livingston Veterans Memorial Building, 1605 7th Street, in Livingston. The public is invited, and you do not have to be a member to attend.
You will be able to enjoy hamburgers, cheeseburgers, fish sandwiches, chicken sandwiches, hot dogs and chili. The sandwiches include your choice of homemade salads. Price ranges from $1.50 to 3.50 per meal. All proceeds go to help support our community programs.
If you need more information on any of our events, contact Denis or Sue Wells at (209) 394-2059 or visit our website at www.vfwlivingston.com.
VFW Breakfast in July
The Livingston/Delhi Veterans of Foreign Wars and Ladies Auxiliary Breakfast will be served on July 31, 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.
If you need more information on the Breakfast, Family Hamburger Night, or if you would like to become a member of the Post or Auxiliary, contact Denis or Sue Wells at (209) 394-2059.
Community Blood Drive in August
The next Community Blood Drive will be held at the Livingston Veterans Memorial Hall, 1605 7th Street, Livingston, on August 4, 2011 from 3-7 pm. Donate a pint of blood and receive a coupon for a FREE pint of Baskin-Robbins Ice Cream and a coupon for a meal hosted by the Livingston/Delhi Veterans of Foreign Wars and Ladies Auxiliary. For more information call Denis or Sue Wells at 394-2059 or visit our Website at http://www.vfwlivingston.com. Walk-ins are always welcome.
Veteran’s of Foreign Wars Ladies Auxiliary RUMMAGE SALE
The Livingston/Delhi Ladies Auxiliary VFW #8327 will be holding a Gigantic Rummage Sale on Wednesday, Thursday and Friday, August 3rd, 4th and 5th, at the Delhi Veterans Hall, Located at 9799 Stephens Street in Delhi. We have items too numerous to mention here, come by and see us. The sale hours will be 8-5 on Wednesday and Thursday and 8-4 on Friday. Everything on Friday will be $1.00 per bag (we furnish the bag) or half price if it is too big to fit in a bag. If you have any questions, please call Sue Wells at 394-2059. All proceeds from the sale will go to fund our many programs. All monies will stay within our own community.
VOICE OF DEMOCRACY CONTEST
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. The second and third place winners will receive $75 & $50, ‘Liberty Jackets’ and Certificates, respectively. 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 and a trip to Washington D.C. The least they can win at the National Level is $2,000.00. 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
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. The second and third place winners will receive $75 & $50, ‘Liberty Jackets’ and Certificates, respectively.
From the local level the winners will move on to District, State and then National, and prizes are awarded at all levels.
The National first place winner receives a $10,000 U.S. Savings Bond plus an all expense paid trip to Washington D.C. for himself/herself and a parent or guardian.
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
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 Livingston-Delhi Auxiliary is offering a first-place prize of $100 and an “Eagle Liberty” jacket and a certificate. Second place is $75 and an “Eagle Liberty” jacket and a certificate and third place winners will receive $50 and an “Eagle Liberty” jacket and a certificate. 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
A Few News Stories and Other Items of Interest
Livingston veteran’s service continues, Monday, Jul. 18, 2011, Carol Reiter: Merced Sun Star
Denis Wells joined the Air Force when he was just 17. It was wartime — the Vietnam War was escalating in 1965 — and Wells figured he’d probably be sent to the Indochinese country. He was right. Read more
LIVINGSTON — After a coach helped him in middle school when he couldn’t afford to play football, Julio Valadez decided to help other children. "He said to me, ‘You’re here every day? You want to play?’ and I said, ‘Yes!’ " Valadez recalled. "I got help when I was growing up." Valadez, described by friends as community-oriented and big on teamwork, wants to give back to the town where he was raised by leading events that help children. Read more
LIVINGSTON — Interim City Manager Vickie Lewis agreed Tuesday to delay her retirement to help the town’s new city manager with the transition. Lewis had set a retirement date of July 15, but the incoming city manager — Jose Antonio Ramirez — doesn’t plan on taking the reins until August. Read more
‘Widow Penalty’ Victims Finally Allowed Back in US, July 16, 2011 Associated Press and Military.com
NEW YORK — As suddenly widowed newlyweds, Olga Ledezma and Miwa Neal might have expected sympathy. But that’s not what they got from U.S. immigration officials, who declared them unwelcome.
Because they’d been married less than two years, their pending applications for permanent residency were nullified. Ledezma, whose husband was killed by a drunk driver in Denver, was ordered to leave the U.S. and eventually deported, while Neal – widow of a U.S. soldier – was told she could not immigrate to Florida from Japan with their infant son.
Widely viewed as cruel and unnecessary, the widow penalty was eliminated by Congress two years ago after being repeatedly challenged in court. Both Ledezma and Neal, after years of legal wrangling, were able to settle in the U.S. within the past two months and restart the process of seeking citizenship.
To Read More: Click on the Link Above
Rest in Peace Mr. Lenker
John (Lenker) passed away peacefully surrounded by family on June 23, 2011, at age 73 in Bellevue, Washington. He gave a short but valiant fight to overcome colon/liver cancer and respiratory disease.
To read more and sign a Guest Book in his honor, click on the link above.
Some of You May Have Been Wondering About that Reoccurring Closed Session Item
Which keeps appearing over and over:
Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(a)
a. City of Livingston v. The Dow Chemical Company, et al.
San Francisco Superior Court, Case No.CGC-05-442837
San Bernardino Superior Court, Case No. SVCSS 120627
Judicial Council Coordination Proceeding No. 4435
According to the Original Complaint which was filed in 2005, The City of Livingston sued:
And Livingston sued in order to
Because
From what I can figure out, Livingston is not the only City involved in this mess. There’s a joint effort (so to speak) to get SOMEBODY to foot the bill to get the TCP out of water.
Which Leads To More Musings About “Stuff” in The Water
If it is possible to test for it, seems the Federal Government wants the testing done and establishes “limits”: even if there is no general agreement on “how much” is toxic. And although it may be prudent to be “on the safe side”, people need to understand that the testing and treatment does not come cheap.
Resulting in Cities having to shoulder the burden of the ever increasing expense of Lab Analysis and Wellhead Treatment: and pass these expenses along to their “customers” as part of “the water bill”.
Now…I don’t think such things are going to get any less complicated, or less expensive to deal with in the future.
Which means, in addition to replacing Nasty Old Rusty Pipes, its one of (several other) things our new “Water Rate Stakeholders Committee” is going to have to factor into their “discussions”.
And..Speaking of the Stakeholders Committee
A few posts back, we looked at the political “dust up” that occurred after the Utility Rate Stakeholders Committee had their first little “get together” to pick up their Information Binders and “get to know” one another: without giving the General Public to come “get to know” those folks who will be doing all that working with and making recommendations to City Staff, engineers, and consultants.
So. While we are waiting for the next “announced” Stakeholders Committee Meeting to take place: A few more thoughts.
Most people would agree that “The Recall” was about “Water Rates”. And those of you who have been following the issue have a pretty good idea of who all got “blamed” for those “high water rates” (yep. even former Chief Dunford got “slapped around” because of it)
Like most “budgetary and political issues”, folks can be divided up into different “camps” and the outcome of any election is determined upon which “camp” has the greatest voter turnout.
- There were those who claimed the rates were too high and therefore the Recall was justified and necessary: Period.
- Those who claimed the rates were too high and raised for the wrong reason (period)and sued over it.
- Those who who didn’t like the amount of the increases, but felt they may have been justified since the last increases was several years ago. Period.
- Those who may have been skeptical about the need for steep increases, but considered the Recall an unnecessary expense.
- Those who really didn’t care either way.
Now that those clearly in Categories 1 & 2, have their hands firmly wrapped around “the discussion”, the onus is on them to help come up with a solution to the “water quality problems” that “the public” will agree to: the onus is now on them to come up with a plan that “gets rid of the dirty water problem”, “the nasty stuff in the water problem” AND that their supporters are willing to pay for.
And, and, AND that the Council Members will be willing to pass on, at minimum, a 4-1 vote.
Cuz if things don’t work out “according to plan”, they’ll have no one to blame but themselves.
Won’t it be interesting to see just how much different their plan will be when compared to the “old one” that caused all the ruckus?
And now on to
MEETING AGENDA
COURT THEATER COMMITTEE
JULY 18, 2011
REGULAR MEETING: 5:00 P.M.
Notice is hereby given that the Court Theater Committee will hold a Regular Meeting on July 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. The Regular Meeting will begin at 5:00 pm. The agenda shall be as follows:
1. Call to Order
2. Approval of Minutes – April 18, 2011
3. Approval of Treasurer’s Report
4. Old Business
A. Court Theater Project Update
B. Garden Tea Party – September 17, 2011
5. New Business
6. Other
7. Adjournment
CITY COUNCIL REGULAR MEETING AGENDA
JULY 19, 2011
CLOSED SESSION: 5:30 P.M.
OPEN SESSION: 7:00 P.M.
Notice is hereby given that the City Council will hold a Regular Meeting on July 19, 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 5:30 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. Pledge of Allegiance.
3. Roll Call.
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 Legal Counsel – Existing Litigation
Government Code Section 54956.9(a)
a. City of Livingston v. The Dow Chemical Company, et al.
San Francisco Superior Court, Case No.CGC-05-442837
San Bernardino Superior Court, Case No. SVCSS 120627
Judicial Council Coordination Proceeding No. 4435
- (Note from TheGardeningSnail: The Links takes you to what I was able to find. There may be more out there. I just haven’t found it yet. Given that this litigation has been going on since 2005, I thought some of you just might like the ability to find out a little more.)
2. Public Employee Appointment
(Government Code Section 54957)
Title: Interim City Manager
3. Public Employee Discipline/Dismissal/Release
(Government Code Section 54957)
Public Employee: Unrepresented Employee
Regular Meeting
CALL TO ORDER Next Resolution Number: 2011-49
Next Ordinance Number: 591
Pledge of Allegiance.
Roll Call.
Closed Session Announcements
Changes to the Agenda.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1. Presentation by Glenn Tomasyan Regarding Solar Power at the Domestic Wastewater Treatment Plant.
2. Presentation of Certificates of Appreciation to 4th of July Committee Members.
ANNOUNCEMENTS AND REPORTS
Supervisor John Pedrozo Announcements and Reports.
City Staff Announcements and Reports.
Interim City Manager Announcements and Reports.
City Council Members’ Announcements and Reports.
Mayor’s Announcements and Reports.
PUBLIC HEARINGS
3. Introduce and Waive the First Readings of Ordinance Nos.____________of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Chapter 5, Table 12, Permit Requirements for Wireless Communication Facilities, and LMC Title 5, Section 5-6-9, Subsection F, and LMC Title 5, Section 5-6-10, Subsection D, relating to Appeal Hearings for Conditional Use Permits and Variances.
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 Authorizing the Interim City Manager to File Regional Surface Transportation Program (RSTP) Funds Claim for Fiscal Year 2010/2011.
5. Resolution Awarding Construction Contract to Shannon Pump Company, Merced, California, Approving the Expenditure of Construction Funds for the Energy Efficiency and Conservation Block Grant (EECBG) – Replacement of Motors at Water Wells 8,9,11 and 13 – Grant No. CBG- 09-093 and Authorizing the Interim City Manager to Execute a Construction Contract and Any Change Orders Thereto with Shannon Pump Company.
6. Approval of Minutes of Meeting Held on July 5, 2011.
7. Warrant Register Dated July 13, 2011.
DISCUSSION AND POTENTIAL ACTION ITEMS
8. City Council to Provide Staff Direction for Appointment to the Livingston Parks and Recreation Commission.
9. Approve Resolution 2011___, a Resolution Approving Amendment 1 to the Livingston Senior Citizens Center Lease at 420 Main Street and Authorizing the Interim City Manager to Execute the Amendment.
CONTINUATION OF CLOSED SESSION IF NECESSARY
ADJOURNMENT
Since You’re Here Anyway, How About Brushing Up on Some History. Sometimes I wonder if anyone is really paying attention anyway.
The “Mission of the Utility Rate Stakeholders Committee” Series
The “Brief History of How We Got Into This Mess” Series
- A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 1—1995 through 2002
- A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 2—2003 through 2007
- A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 3—January 2007 through February 2008
- A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 4— January 2008 through October 2008
- A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 5— October,2008 through June 2009
- A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 6— Some Background Information and a Brief Recap of What Happened Between 1995 and June 2009
- A Brief History of Time (Spent on “Fixing” Water, Waste Water, and Garbage Rates-and other related issues) Part 7: Some Enterprise Funds Basics, Meeting Highlights: July 7, 2009 through December 01, and a City Council Agenda
- Who knows, I may actually get around to writing Part 8
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
THERE WAS A PUBLIC HEARING – at City Hall on March 29, 2016 and lasted from about 11am to nearly 1pm. The purpose of the Hearing/meeting was to Brainstorm Ideas for the next Community Development Block Grant Application. 
As part of the settlement agreement with California River Watch
Those 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.
Thegardeningsnail's Weblog (because not every critter is hiding under a rock...) 