A Lingering Lawsuit, Another Canceled Contract, A Couple Marijuana Plants, and a Draft Tax Measure

It’s a shame the way we’ve been going through City Managers: Warren Urnberg – excerpted from Public Comments – 01/05/16 City Council Meeting

“I don’t think our Community needs it.” Councilmember Jim Soria – 01/05/16 Council Meeting. Excerpted from Medical Marijuana Ordinance Discussion

I’d like to approve what we have here (and) make adjustments – Councilmember Alex McCabe – 01/05/16 Council Meeting. Excerpted from Medical Marijuana Ordinance Discussion

“How do we take care of people with legitimate needs?” Mayor ProTemp Gurpal Samra – 01/05/16 Council Meeting. Excerpted from Medical Marijuana Ordinance Discussion

“…The California Transportation Commission…has removed the Livingston Widening Northbound and also the Livingston Widening Southbound from your projects list. You now have no Regional Projects” – Mike Valata – Mayor of Los Banos. Excerpted from Public Comment – 03/01/16 City Council Meeting

Perry is charged with assaulting Dwight Larks, a 39-year-old real estate agent living in Livingston at the time, during a supervised handover of Lark’s child as part of a custody arrangement with the child’s mother….According to a civil lawsuit filed by Larks, he and the child’s mother had a disagreement over the details of the exchange. Excerpted from Judge dismisses one of three charges against Livingston police officer – Merced Sun Star – 03/10/16

Livingston, CA 04/18/2016

So…there was a disagreement over the details of a Custody Exchange. That’s putting it mildly. More on that a little later. But first.

MAYOR RODRIGO ESPINOZA has decided to try to displace John Pedrozo as District 1 County Supervisor. As of the date of this posting, I’ve seen several large Pedrozo campaign signs around town. But, only a couple so far for Espinoza. And although John Pedrozo has gone on the record as agreeing that Public Safety is of the uttermost importance in Merced County, I’m not so sure Mr. Espinoza’s stated opinion of the Sherriff’s Department would be earning him any “favorability points” with law enforcement.

THE MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAT) is floating the ides of a 1/2 cent SALES TAX  ballot measure to be placed on the November Ballot: with the proceeds used for “transportation” related projects. Some members of local government are concerned that most of the proceeds from such a measure would not stay in the Local Jurisdiction in which they were raised. There is also the concern that the draft, as currently written, does not include a guaranteed list of local projects.

EX: The following two items were provided to me by the Mayor of Los Banos

  • Draft 1/2 Cent Transportation Sales Tax Measure Expenditure Plan  – This includes language that was eliminated from the current draft being pitched to local leaders and the public. According to the mayor, the language in black is the MCAG approved language. The red language includes the modifications Los Banos proposed (and was denied by the MCAG Board) to protect the Westside/Eastside share.  Please pay close attention to page 12, “Amendments To The Expenditure Plan”, this section allows MCAG to change the funding allocations. Note the red language under that section. It would have protected the original amounts for the Westside/Eastside by stating that it would have to go back to the voters for any changes. This 30 year tax measure will be on the November 2016 ballot and needs a 66 2/3 voter approval rate for it to pass.

  • Deletion of Livingston HWY 99 Widening Projects

THE LAST STOP? OR JUST A REST STOP? Those of you have been following the goings on in Livingston have already noticed there seems to be a problem attracting and KEEPING qualified staff in certain positions. For some reason, some people just don’t stick around for very long: they’re gone before the ink has barely dried on their contracts.

The latest to “pass through” Livingston on the way to Other Things was Gabriel Gonzalez:  who entered into an interim short-term professional services agreement with the Acting City Manager on January 19, 2016: For an amount not to exceed $10,000. According to the February 02, 2016 Staff Report, this was necessary because:

Due to recent transition in management position(s), there is a significant need for temporary administrative support in public works, finance/accounting and in general City management functions until such positions are addressed. This temporary support is much needed to fulfill the upcoming deadlines and priorities.

At the February 02, 2016 City Council Meeting, an Amendment to that agreement was approved by Council which converted the agreement into a

temporary (6 months to 1 year) administrative support in the following areas: oversight of public works; general administrative support to interim city manager. General functions will include assistance with general operations, annual budget, contract and policy review, organizational and functional analysis…..with option to extend another six (6) months, at the City Manager/Interim City Manager’s discretion

compensation under the amended agreement shall be at an hourly rate of $80 and the total contract amount shall not exceed $135,000.

Mr. Gonzales was hired by the City of Gilroy as their City Manager barely over a month later.

And another one gone after a short stop in Livingston…..

While he was here, Mr. Gonzalez advised the City Council that they should consider creating a new position at City Hall: just for the sole purpose of keeping up with State Storm Water Regulations.

Click on the following link to see Mr. Gonzalez’s Municipal Separate storm Sewer System (MS4) INFORMATIONAL update–And Proposed Administrative Position.

MARIJUANA ORDINANCE adopted.

In December of Last Year, the Planning Commission discussed a Proposed Ordinance which would do the following:

  • allow cultivation of up to six plants of marijuana.

  • ban indoor cultivation.

  • eliminate the size requirement for a detached structure and to allow green houses. 

  • Prohibit gas products, including without limitation, C02, butane, propane and natural gas or generators within the structure."

  • delete a setback requirement.

  • to allow deliveries

AT THE CITY COUNCIL MEETING on January 5, 2016.

  • The city attorney “announced that current State legislation has a deadline of March 1, 2016, for cities to establish a land use policy for cannabis activities. If cities do not meet this deadline, they will defer to the State’s regulations and policies”

  • “Merced County Fire Marshall Morgan noted that there are some safety concerns with the code… The Fire Department recommends that indoor grows in detached structures require an electrical permit and maintain minimum set-backs of either 10 or 15-feet (to prevent fires from spreading from one structure to the other).”

  • Merced County Sheriff’s Department representative Ray Framstad gave a PowerPoint presentation on cannabis activities (mainly large grows) and discussed some of the challenges that it posses on law enforcement (such as electrical fires, vandalisms, burglaries, shootings, etc).

COUNCIL MEMBER’S OPINIONS ranged from Council Member Jim Soria: who favored a complete ban to Council Member Alex McCabe: who made a motion banning all commercial cannabis activities, but giving residents (with proper medical approval) the right to grow six cannabis plants outdoors. Mr. McCabe’s motion failed for lack of support.

A second Motion was made by Mayor Pro-Temp Gurpal Samra: which would ban all commercial activities but allow Qualified Patients and Primary Caregivers to grow a maximum of two plants. This motion passed 3-2. Council Members Soria and McCabe both voted “no” but for different reasons.

Community Development Block Grant ApplicationTHERE 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.

The Initial list of projects to be recommended include the following:

  • Planning Activity Projects–

    • Policy Updates to the General Plan that would facilitate Walkable Communities.

    • A Wastewater percolation study.

    • Water Studies

  • Public Improvement Activities

    • Finish the Pipeline Replacement Project

    • Refurbish/Repair the City’s Water Storage Tank

    • Construction of a Dewatering Facility at the Domestic WasteWater Treatment Plant

  • Public Facility Projects Fire Station –

    • Living Quarters and possible expansion of the facility

  • Public Service Part Time

    • Code Enforcement Officer: Focusing on Health and Safety issues such as Weed Abatement, Watering Restrictions, and Zoning and Building Issues.

ALSO ON THE AGENDA FOR JANUARY – MARCH, 2016

January 05, 2016

Approval of Minutes of Meeting Held on January 5, 2016. (Amended)

1 Resolution Approving Site Plan / Design Review 2015-3 to Construct a Building Containing an Office, Dressing Room, and an Apartment at the Guru Nanak Sikh Mission, 884 “B” Street, Livingston, CA.

2 Ordinance of the City Council of the City of Livingston Amending Title 5, Chapters 2, 3, 5 and 7 of the Livingston Municipal Code Prohibiting Commercial Marijuana ( Cannabis) Activities, Regulating Delivery of Medical Marijuana, and Regulating the Cultivation of Medical Marijuana Including Establishing Exemptions for Cultivation by Qualified Patients and Primary Caregivers.

3 Approval of Warrant Register Dated December 10, 2015

4 Approval of Warrant Register Dated December 23, 2015.

5 City Council to Provide Direction for Appointment to the Planning Commission.

JANUARY 19, 2016

(Approval of Minutes of Meeting Held on January 19, 2016.)

1 Waive the Second Reading and Adopt Ordinance No. 626 of the City Council of the City of Livingston Amending Title 5, Chapters 2, 3, 5 and 7 of the Livingston Municipal Code Prohibiting Commercial Marijuana (Cannabis) Activities and Regulating the Cultivation of Medical Marijuana Including Establishing an Exemption for Cultivation by Qualified Patients and Primary Caregivers.

2 Resolution of the City Council of the City of Livingston Authorizing Delegation of Authority to the Interim City Manager Regarding Industrial Disability Retirement Applications.

5 Approval of Warrant Register dated January 13, 2016.

6 Appointment of City Representative to the Merced County Mosquito Abatement District Board of Trustees.

7 Resolution Appointing Odilon Ortiz as Interim City Manager and Approving a Fourth Amendment to the Employment Agreement between the City of Livingston and Odilon Ortiz.

8 Downtown Beautification Project/Street Improvements.

FEBRUARY 02, 2016

2 Resolution Rescinding Resolution No. 2015-10 and Authorizing the City Manager to Execute Documents, Approve Claims for Reimbursement and Represent the City as Required by the State Water Resources Control Board as Part of the Drinking Water State Revolving Fund (DWSRF) Application.

3 Approval of Warrant Register Dated January 27, 2016.

4 Resolution of the Successor Agency to the Redevelopment Agency of the City of Livingston Approving the Recognized Obligation Payment Schedule (ROPS 16-17 A & B) Pursuant to Health and Safety Code Section 34177 for the Period of July 2016 through June 30, 2017

5 Resolution Approving a First Amendment to the Professional Services Agreement with Gabriel A. Gonzalez and Authorizing the Interim City Manager to Execute Amendment.

FEBRUARY 16, 2016

6 Approval of Warrant Register Dated February 11, 2016.

Municipal Separate storm Sewer System (MS4) INFORMATIONAL update–And Proposed Administrative Position

7 Resolution Approving a Rental Agreement for Sludge Dewatering Equipment.

8 Resolution Approving Emergency Purchase of New Police Facility HVAC Unit.

9 Resolution of the City Council of the City of Livingston Approving the Recommended 2015-16 City of Livingston Mid-Year Budget Revisions.

10 City Council to Provide Staff Direction on Creation of a New Corporate Seal (Logo).

FEBRUARY 23, 2016 JOINT MEETING BETWEEN THE CITY COUNCIL AND PLANNING COMMISSION SPECIAL MEETING

MARCH 01, 2016

1 Introduce and Waive the First Reading of Ordinance No.___, of the City Council of the City of Livingston, Amending Title 5, Chapters 3, 6 and 7 of the Livingston Municipal Code Relating to Housing.

2 Approval of Warrant Register Dated February 24, 2016.

3 Request to Join an Amicus Brief to the U.S. Supreme Court Supporting the President’s Executive Action on Immigration (Texas v. United States).

4 City Council to Provide Direction for Appointment to the Planning Commission.

The MARCH 15, 2016 Council Meeting was canceled at the last minute because too many Council Members were “ill”. Had the meeting gone forward as originally scheduled, these are some of the topics that would have been discussed.

1 Presentation – Representatives of the Modesto Chapter of the Citizens Climate Lobby, Kathy Conroto, Bill Anelli, Jerry Jackman, Jody Strait, Richard Anderson and David Rivada will give a slide show they presented at the February 2nd Modesto City Council meeting at which the Council voted for a Resolution endorsing a federal revenue-neutral carbon fee and dividend legislation. This fee increases the cost of fossil fuels, but then returns those fees to American households as a dividend, and therefore, favors a national shift to non-greenhouse gas emitting renewable energy sources.

3 Presentation: Marjorie Kirn, Executive Director of the Merced County Association of Governments (MCAG) on the proposed Transportation Expenditure Plan which outlines a flexible approach to spending more than $450 million of new revenue to address the region’s transportation needs over three decades. Half of the funding will go directly to our local governments for local transpiration needs. The remaining funds will be used for funding for projects of regional benefit, as well as transit.

The following two items were not included in the Council’s Agenda Packets. They were sent to me by the Mayor of Los Banos and are included here for those of you who are interested in more information on the subject)

4 Waive the Second Reading and Adopt Ordinance No. 627, of the City Council of the City of Livingston, Amending Title 5, Chapters 3, 6 and 7 of the Livingston Municipal Code Relating to Housing.

7 Approval of Warrant Register Dated March 11, 2016.

8 Resolution Approving a Professional Services Agreement between the City of Livingston and Patti Dossetti, Dossetti Consulting.

10 City Council to Consider Adoption of a Resolution Making an Appointment to Fill the Vacancy on the Planning Commission.

11 Council Direction to Consider Supporting the Regional Efforts via a Cooperation Memorandum of Understanding within the Merced Groundwater Sub-Basin to Comply with the Sustainable Groundwater Management Act.

12 Resolution Declaring that One Council Office Subject to Election at the November 2016 General Election Shall Only Serve a Two Year Term in Order to Evenly Stagger City Council Seats Subject to Election in the Future (California Government Code Section 34906).

IT’S NEARLY 4 YEARS AND COUNTING since a dispute over a Custody Exchange began a chain of events resulting in Felony Charges against a Police Officer and a Lawsuit against the City.

According to the Complaint for Damages and Demand for Jury trial filed on behalf of Dwight Larks, on or about May 21, 2012, the mother of Lark’s child, and two members of the Livingston Police Department showed up at Mr. Larks residence and

“permitted (the) mother to unlawfully enter and trespass upon the residence of Plaintiff and she removed (the child) from the custody of the Plaintive in a manner not authorized by any Order of the Court” Case No CVM014537, P.5 – lines 3-5

The Complaint For Damages also states that, the actions of the the officers involved resulted in Mr. Larks sustaining

“among other injuries, laceration of his head, concussion, injury to his left shoulder, left wrist, neck and right leg, and has suffered pain in all those areas…..P7 – lines 13-15

The Claim for Damages also states that, on the day of the incident, Mr. Larks had turned on the recorder of his cell phone and that the terms of a prior court order included the following:

“a court order requires that all custody exchanges take place at a neutral, public location, specifically identified in bold print as: Livingston Police Department” Governmental Claim of Dwight L. Larks, P.3

The Complaint for Damages and Demand for Jury Trial was filed with the Merced County Superior Court on March 19, 2013. (Yes, I do have a copy.)

According to reports in the Sun Star, Mr. Larks was initially cited for resisting arrest and violating a court order. But, no case against him was ever filed “for lack of evidence”. However, the felony case against one of the Officers involved in that 2012 Custody Exchange continues.

I’m betting the Civil Case against the City will also continue to drag on in some kind of “legal limbo” until well after the legal wrangling over the Felony Case is settled.

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June 15, 2010 City Council Meeting Agenda Alert (And a Little This and That)

First: An Interesting and Entertaining Video on “The Secret Power of Time”

Next: New Feature on TheGardeningSnail: How They Represented Us

Is sitting behind a Dais, talking about and voting on stuff the only things City Council Persons do?

Just what DO Council Members do when they are not at Council Meetings talking about and voting on “stuff”.

That is what this, and its (future) companion pages, will attempt to answer.

The primary focus of these pages will be to point out the going, doing, meeting, and greeting in a spirit of making things “better” that Council Members do as they represent the City of Livingston: both within the City itself and outside the City Limits.

The source for this information is from the Council People themselves, as recorded in the Draft Minutes. Link will be provided in case you want to read more of “what else’ they might have said at a particular council meeting.

Lastly a few words on Fireworks and July 4th  (and a special Thank You to Michael McGuire of the Merced County Headlines Examiner for Tweeting the following link) 

Fireworks a no show this 4th of July

By Andrea Goodwin
Education Desk
agoodwin@turlockjournal.com

Fireworks shows will be few and far between in the Central Valley on Independence Day. Budget constraints have led to the cancellation of fireworks displays in Turlock, Modesto, Merced and Livingston this year. Turlock residents will have to travel to Atwater if they want to see fireworks on this 4th of July.

California State University, Stanislaus announced last year that they would not hold their annual Fantastic Fourth celebration due to difficult economic times. The university had hosted the event for 24 years, and the show drew thousands of visitors to the CSU Stanislaus campus. The event cost an estimated $50,000 a year to produce, with some of that money coming from private donations.

Read More by Andrea Goodwin Of the Turlock Journal  

(Guess the City of Livingston is not alone in not being able to afford a Fourth of July Festival this year.)

Now on to the

CITY COUNCIL REGULAR MEETING AGENDA

JUNE 15, 2010

OPEN SESSION:         7:00 P.M.

Notice is hereby given that the City Council will hold a Regular Meeting on June 15, 2010, 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.

 

Regular Meeting

CALL TO ORDER                               Next Resolution Number:  2010-27

                                                    Next Ordinance Number:  590

Pledge of Allegiance.

Roll Call.

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1.     Presentation of Government Finance Officers Association (GFOA) Budget Presentation Award to City of Livingston for City Budget Beginning July 1, 2009.

2.     Interviews and Approval of a Resolution Selecting a Skate Park Consultant and Authorizing the City Manager to Enter into an Agreement for the Skate Park Design.

 

ANNOUNCEMENTS AND REPORTS

     Supervisor John Pedrozo Announcements and Reports.

     City Council Members’ Announcements and Reports.

     Mayor’s Announcements and Reports.

PUBLIC HEARINGS

 

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.

3.     Resolution Approving the Submittal of a Grant Application to the California State Department of Housing and Community Development (HCD) for Funding under the 2010 CalHOME Program.

4.     Resolution for the Acceptance of the American Recovery and Reinvestment Act Project – Street Rehabilitation 2009, Federal Project No. ESPL-5256)009), Authorizing the City Clerk to Record a Notice of Completion with Merced County and Authorizing the City Manager to Release Performance and Material Bonds and to Make Final Payment of Retention Monies to Granite Construction Company.

5.     Waive the Second Reading and Adopt Ordinance No. 587 of the City Council of the City of Livingston to Allow Medical Offices/Clinics in a Public Facility (PF) Zoning District with a Conditional Use Permit.

6.     Waive the Second Reading and Adopt Ordinance No. 589 of the City Council of the City of Livingston to Prohibit Medical Marijuana Dispensaries.

7.     Approval of Warrant Register Dated June 9, 2010.

 

DISCUSSION AND POTENTIAL ACTION ITEMS

8.     City Manager Announcements and Reports.

ADJOURNMENT

JUNE 1, 2010 CITY COUNCIL MEETING AGENDA ALERT

But First, a little perspective and a few reminders

Freedom is not free. Somebody paid. by disabledarmyvet Photo courtesy of disabledarmyvet on Twitter

MEMORIAL DAY CEREMONY IN LIVINGSTON

The Livingston/Delhi Veterans of Foreign Wars #8327 and their Ladies Auxiliary will host their Annual Memorial Day Ceremony in the Livingston Memorial Park, located on the corner of Park and Main Streets in Livingston.  The ceremony will take place on the Traditional Memorial Day, Sunday May 30th at 6:00 pm. 

Immediately following the ceremony, refreshments will be served at the Veterans Memorial Building on the corner of 7th and Peach Streets

VFW Breakfast in May and June

The Livingston/Delhi Veterans of Foreign Wars and Ladies Auxiliary Breakfast will be served on May 30th and again on June 27, 2010, 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.

BLOOD DRIVE

Donate a pint of blood and receive a coupon for a pint of Baskin-Robins Ice Cream & Register to win a trip to Las Vegas and coupon for a meal hosted by the Livingston/Delhi Veterans of Foreign Wars and Ladies Auxiliary

Our next scheduled blood drive will be held at the Livingston Veterans Memorial Hall, 1605 7th Street, Livingston, on June 3, 2010 from 3-7 pm.  Please take an hour out of your busy schedule and give someone a chance to live.

If you need more information on any of these events, or if you would like to become a member of the Post or Auxiliary, contact Denis or Sue Wells at (209) 394-2059. 

(Now on to the)

CITY COUNCIL REGULAR MEETING AGENDA

JUNE 1, 2010

CLOSED SESSION:    6:30 P.M.

OPEN SESSION:         7:00 P.M.

Notice is hereby given that the City Council will hold a Regular Meeting on June 1, 2010, 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 6:30 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

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 Legal Counsel—Existing Litigation.

                   Government Code Section 54956.9(a).

a.     Merced County Farm Bureau v. City of Livingston, et al., California Superior Court, County of Merced, Case No. CU151754 [consolidated with Valley Advocates v. City of Livingston, et al, Superior Court, County of Merced, Case No. CU151757].

Regular Meeting

CALL TO ORDER                                      Next Resolution Number:  2010-23

                                                               Next Ordinance Number:  587

Pledge of Allegiance.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1.                 Children’s Bill of Rights for Merced County.                

ANNOUNCEMENTS AND REPORTS

          Supervisor John Pedrozo 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 to Allow Medical Offices/Clinics in a Public Facility (PF) Zoning District with a Conditional Use Permit.

3.                 Adoption of an Urgency Ordinance Extending a Moratorium on the Approval of Medical Marijuana Dispensaries.

4.                 Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston to Prohibit Medical Marijuana Dispensaries.   

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.

5.     Initiating Proceedings Under the Landscape and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code, et. seq., Declaring the City’s Intention to Levy and Collect Assessments Within the City’s Landscape and Lighting Maintenance Assessment District for Fiscal Year 2010/2011, Approval of the Annual Engineer’s Report and Setting a Time and Place for a Public Hearing.

6.     Initiating Proceedings Under the Benefit Assessment Act of 1982, Government Code Section 54717, et. seq., Declaring the City’s Intention to Levy and Collect Assessments Within the City’s Benefit Assessment Districts for Fiscal Year 2010/2011, Approval of the Annual Engineer’s Report and Setting a Time and Place for a Public Hearing.

7.     Resolution to Award a Professional Design Services Contract for the Picnic Area and Restroom Facilities at the Livingston Sports Complex to RFT Design Studio, Dublin, CA, and Authorize the City Manager to Execute the Contract.

8.     Approval of Minutes of Meeting Held on March 16, 2010.

9.     Approval of Warrant Register Dated May 13, 2010.

10. Approval of Warrant Register Dated May 26, 2010.

DISCUSSION AND POTENTIAL ACTION ITEMS        

11.                        City Manager Announcements and Reports.

ADJOURNMENT

(Before you go, here’s something to think about when you see those “Veteran’s Poppies.”)

j0430528 

 

Planning Commission Decisions and Court Theater Committee Agenda Alert: May 2010

Legal Disclaimer for Purposes of Legal Disclaimerness I am hereby again invoking “The Story Teller’s License”. The views, opinions, snarkisms, satirical jibes, “atta boys and/ or put downs” and other evidence of implied, expressed, direct, indirect, read-between-the-lines biases, point of view, etc. etc. and so forth, are the that of the author and do not necessarily represent the views of the City of Livingston, it’s Staff, it’s detractors, it’s supporters, and/or the people who either care or who don’t care one whit either which way about any darn thing in particular that happens in Livingston.

Any technical mistakes in technical technicalities will be corrected as soon as someone lets me know about them and as soon as I can get around to it.

Comments are welcome. Agree or disagree as you will. At least try to be creative, coherent and an interesting read as you do so J

Whew! Now that that’s is done….on to This-Tuesday-at-Planning-Commission

Tuesday Nights at Planning Commission could turn out to be as “interesting” as City Council Meetings {cough-cough} (For those of us who actually decide to show up, that is).

While this was only the second meeting for the Newly Reformulated Livingston Planning Commission, it was already quite clear that “the honeymoon was over” from day one.

As you may recall from a prior post, one of the Junior Members of the Commission “abstained” rather that vote “yes” to the election of the Senior Members[i] to the Chair and Vice-Chair positions.

This Tuesday’s meeting was not without its share of “Say What?” moments as the same Junior Planning Commissioner “breezed in” just as the gavel to begin the meeting was about to fall, verbally ripped a Staff Report to shreds and sounded more like an Associate Professor chiding a wayward student over a poorly written research paper than a newly seated Planning Commissioner seeking clarification and information from a Chief of Police: [ii] and, in the verbal tradition of Barbara (Don’t Call Me “Ma’am” Boxer) took issue with how his name was recorded in the minutes because, after all “I’m not my Father”[iii].

Seriously…I could think of worse things to be called than my Mother’s or my Father’s name (and it’s happened on more than one occasion), but taking the time to make something out of it publically? Just sayin…

But I digress.

What was originally to have been a Public Hearing for the Livingston Medical Group expansion plans turned into a “cleaning up the mess from previous administrations” session.

You see, The Livingston Medical Group is a "non conforming use" in their location on Main Street. It’s zoned PV (Public Facility), which is fine and dandy for things like Libraries and City Halls: Just not Medical Clinics and Medical Offices.

Oops!

Turns out both the Clinic on Main Street and the parcel they want to build on next to Campus Park School have the same “zoning problem”.

Double oops!

Therefore, the Clinic Expansion had to be put on hold while the Commission took up the issue of Amending the Zoning to allow things like Clinics and Medical Offices in areas zoned (P)ublic (F)acility with a (C)onditinal (U)se (P)ermit.  

The recommendation was that Medical Clinics be a Conditional Use allowed in (PF) Areas City wide. After discussion, it was MS Greely/Soria to approve the zoning amendment: Pass 5/0

This will go before the City Council on June 1st .

As to the Hearing on the Amending the Municipal Code which would include a Ban of Medical Marijuana Dispensaries in the City of Livingston, there was one Planning Commissioner, Luis Flores, who, as a full supporter of dispensaries, was quite vocal in his staunch opposition to the ban, and wanted to know why Mike Sperry wasn’t at the meeting[iv].

A discussion about Wal-Mart even got drug into the mix with Commissioner Flores insisting that Wal-Marts make for traffic problems too and other Commissioners countering that a Wal-Mart would benefit more of Livingston as a whole as a source of tax revenue for the City and shopping opportunities for residents; and Commissioner Gonzalez asking if anyone knew the percentage of Livingston residents who actually carry a Medical Marijuana Card!

Commissioner Flores finally offered a motion to NOT adopt the Amendment including the proposed ban, which died for lack of a second. The Motion/Second by Salgado/Greely to adopt the Amendment passed 4/1 with Commissioner Flores voting no.

This will also go before the City Council on June 1st .

During the discussion of Skate Park Consultant Proposals, Commissioners talked about making sure they look over all the information they had in preparation for the next meeting since consultants would be there to make presentations and take public comments.

In the meantime, the Commission is planning on taking a trip to look at other established Skate Parks in the area.

Finally, Community Development Director Donna Kenney wanted everyone to know that there is a non-City project going on between the Lil Guys Ball field & the Child Development Center on Prusso. The Permits for a 71 bed Child Care Facility were pulled through the State by the Stanislaus County office heading up the project.

(Note from the Snail. That means folks, if you don’t like it for one reason or another, please direct your wrath at Stanislaus County and the State of California. We have enough trouble with rumors as it is And yes! Stanislaus County does seem to have a lot to do with “State Money” when it comes to Child Care Facilities.)

While you are here, you might be interested in the

MEETING AGENDA

COURT THEATER COMMITTEE

MAY 17, 2010

REGULAR MEETING:     5:00 P.M.

Notice is herby given that the Court Theater Committee will hold a Regular Meeting on May 17, 2010, 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 p.m.  The agenda is as follows:

1.       Call to Order

2.       Approval of Minutes – Regular Meeting April 19, 2010

3.       Approval of Treasurer’s Report

4.       Old Business

          A.      Court Theater Project Update

          B.      Afternoon Tea – September 18, 2010

          C.      Bunco Bash – February 5, 2011

5.       New Business

6.       Other

7.       Adjournment

 

And I’ll wrap this post up with an Open Message to my Mom and Dad

When some folks get a bit confused

And call me by your name

Although I may become bemused

I do not feel ashamed

And though I know you make mistakes

And do not walk on water

To me is doesn’t matter cuz

I’m proud to be your daughter!

Love you Mom!

Love you Dad!


[i] Senior to him in Age, Life Experience, Time on the Planning Commission, and Time Served on City Council or other City Committees

[ii] Who just happens to be his senior in Age, Experience AND Educational Background if I’ve got all my facts right.

[iii] Wanting everything you say recorded while in Open Session can be a “two edged sword” of sorts.

[iv] I don’t know why he wasn’t at the meeting. Do any of you?

 

MAY 11, 2010 Planning Commission Agenda Alert

Roy Soria, Chair

Kaye Greeley, Vice-Chair

Luis Flores, Commissioner

Alex Gonzalez, Commissioner

Hugo Salgado, Commissioner

Manoj Bains, Alternate Commissioner  

LIVINGSTON PLANNING COMMISSION

REGULAR MEETING AGENDA

MAY 11, 2010     7:00 P.M.

CITY COUNCIL CHAMBERS, 1416 C STREET, LIVINGSTON  

Members of the public are advised that all pagers, cellular telephones and any other communication devices be put on vibrate mode or turned off during the Planning Commission meeting.

  

Call to Order:  7:00 PM               

Roll Call – Chairperson/Commissioners  

Pledge of Allegiance 

Item No. 1 – Consent Agenda  

All matters listed under the Consent Agenda are considered routine by the Planning Commission and will be adopted by one action of the Commission unless any member of the Commission wishes to remove an item for separate consideration.  

a.     Action Minutes from the April 13, 2010, regular meeting.   

Item No. 2 – Public Comment  

Members of the Audience – At this time, any person may comment on any item that is NOT on the Agenda.  PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. While the Planning Commission encourages participation from the audience, no more than five (5) minutes are allowed per discussion item. Topics not considered urgency matters may be referred to City Staff and/or placed on the next agenda for consideration and/or action by the Planning Commission.  

Item No. 3 – Public Hearings  

a.     Site Plan/Design Review 2010-02, Zoning Text Amendment 2010-01 and Conditional Use Permit 2010-04.  The Livingston Medical Group has applied for Site Plan/Design Review, a Zoning Text Amendment, and a Conditional Use Permit for a two-story addition to their current facility located at 1140 Main Streetin a Public Facility (PF) zoning district.

b.     Zoning Text Amendment 2010-03.  The Project is to repeal Section 5-5-10 of the Livingston Municipal Code and amend Section 5-2-3 16 and Land Use Table 3 to prohibit medicinal marijuana dispensaries in the City of Livingston.  

Item No. 4 – Discussion Matters  

a.  Distribution of Skate Park Consultant Proposals.  Copies of consultant proposals will be distributed to the Planning Commission in preparation of their regular June 8, 2010 meeting when consultants will be interviewed.  There is no vote associated with this item tonight.  

Item No. 5 – Reports  

a.       Planning Commission  

b.      City Staff  

c.       City Attorney

 

  

Item No. 5 – Adjournment to regular meeting on June 8, 2010. 

 

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development Department at (209) 394‑8041, Ext. 112.  Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.  

Members of the public who have questions regarding any agenda item may comment on that item before and during consideration of that item when called upon by the Planning Commission Chairperson.  

All actions of the Livingston Planning Commission can be appealed to the Livingston City Council by filing an appeal, in writing and paying the appropriate fees, with the City Clerk.