Before we begin, let’s have a Reading from the LIVINGSTON MUNICIPAL CODE Title 1-Administrative; Chapter 11-Purchase Policies and Procedures: Section 1-11-10:
“EXEMPT FROM BIDDING:
Contractual services will not include the following, which will be exempt from the bidding requirements;
A. Contracts involving the obtaining of professional or specialized skills such as, but not limited to, services rendered by attorneys, architects, engineers, accountants and specialized consultants.
B. When calling for bids on a competitive basis in the opinion of the city Manager is undesirable, impossible, unavailing or incongruous.
C. Where the City Manager’s requirements can be met solely by a single patented article or process. (Ord. 331, 5-19-87)”
(Hmmmmm-I guess that means that not EVERYTHING has to go out to bid after all)
Well, well, {cough-cough}….on to “the topic at hand”
Remember “Promise Rings”?
Those cute little “do-dads” you exchanged when you weren’t quite “growed up” enough yet to get engaged.
They were a kinda “promise” that “if something else doesn’t get in the way and we are still in love when we are old enough to make a real decision, we agree to agree to get married”
Well….it seems Governmental Agencies have their own “paper version” of “the promise ring”: one that is on tonight’s City Council Agenda.
And it has to do with Peach Avenue
In my “What to do about Peach Avenue” series, I chronicled the seemingly never ending saga of twits, turns, flip-flops and wheel spinning surrounding the multi-year quest for a final decision on just what to do about Peach Avenue.
You see….Once upon a time; the Merced Union High School District (MUHSD) decided it would do an “expansion” of Livingston High School.
Which meant someone had to figure out how to get the students across the road.[1]
Which lead to countless discussions, and multiple meetings, etc., etc. and so forth.
It seems that maybe-just maybe-“the powers that be” have finally made up their minds, made a decision, decided to all “get on the same page” and put down in writing what they are all “agreeing to agree to”.
{However—There is one tinsy, tiny “legal catch” (hence those expensive lawyers I alluded to in a prior post)}
Because of certain “nuances” in CEQA law (California Environmental Quality Act) the City and the District can’t “legally” really agree to a “formal and final (enforceable as in “contract”)” Memo of Understanding about improvements to Peach Avenue until after
“the California Environmental Quality Act (CEQA) document is completed and approved. However, both entities can tentatively agree on the scope of work for the environmental document as outlined in the proposed Memorandum of Understanding.”[2]
So….if I got it right they can “agree to agree”[3] on paper, but they can’t agree to DO on paper until after the CEQA process is done.
Are you confused yet? (That’s why the lawyers make “the big bucks”)
Anyway…
The following includes excerpts from the Staff Report entitled “Memorandum of Understanding Between the Merced Union High School district and the City of Livingston Regarding the Deferral of Improvements to Peach Avenue. (For brevity’s sake, I have not reproduced every “jot and tiddle” in the report. If you wanna read it all-head up to City Hall and ask for the counter copy of the Agenda Packet-It’s in there)
Ready or not.. here we go…..
[4]“BACKGROUND
Merced Union High School district has purchased approximately 19 acres on the south side of Peach Avenue for expansion of the facilities at Livingston High School….
At the January 20, 2009, City Council meeting, the City council voted to eliminate the closing of Peach Avenue as an alternative. Three alternatives remained for dealing with Peach Avenue….
Option #1 Close Peach Avenue at Seventh Street and Main Street and reroute the street to the south as indicated on the attached drawings.[5] …After the (school bond) was approved by the voters in November 2008, the City made it clear that it would not participate in the condemnation of property for this alternative is the District did not have willing sellers. At this time, there is at least one property owner that does not wish to sell.
Option #2 Raise Peach Avenue at Seventh Street and Main Street
Option #3 Install a pedestrian overpass over Peach Avenue
DISCUSSION
There appears to be a growing consensus that a modified Option #3 would resolve this long-standing issue.[6]
The project description for the CEQA study will contain the following responsibilities for the Merced Union High School District as part of the Livingston High School Expansion project:
1. Improve Peach Avenue consistent with the City’s standards and General Plan to the reasonable satisfaction of the City Engineer…
2. Construct a pedestrian bridge over Peach Avenue, centrally, located between Main Street and 7th Streetwith the proceeds from the final sale of bonds from Measure M…..
3. Construct a crosswalk across Peach Avenue with a pedestrian-activated traffic signal or flashing read traffic light (or multiple red traffic lights, if deemed necessary by the city)…
4. Paint all curbs red on both sides of Peach Avenue between Main Street and 7th Street and include appropriate signage…
5. Construct an 8 foot non-climbable wrought iron fence on top of a brick or concrete base along the entire length of the south side of Peach Avenue between main Street and 7th Street, except at the crosswalk location …
6. Construct a lockable gate at the entrance of the parking lot on Peach Avenue that will remain closed except during the starting and ending times of Livingston High School when school is in session.
7. Dedicate right-of-way for a 110’ wide 4-lane Minor arterial for Main Street/Lincoln Boulevardas required per the City of Livingston Traffic/Circulation Master Plan….
FISCAL IMPACT
THE Merced Union High school district will be required to pay for all expenses relating to the environmental document, modifications to Peach Avenue or other required improvements.”[7]
So…what we have here is a “promise ring” of sorts where the MUHSD promises to use it’s own land and it’s own money to make it possible for students to cross the road at Peach Avenue.
[1] And because of all the “squawking I have heard at Oh so many meetings: at this point I am having a very hard time restraining myself from launching into a whole series of “why does the chicken cross the road” jokes J
[2] Staff Report “Memorandum of Understanding Between the Merced Union High School district and the City of Livingston Regarding the Deferral of Improvements to
Peach Avenue
[3] Which is a heck of an improvement over the convoluted mess that was going on before
[4] Quote J
[5] Copy of which is at City Hall-(Sorry-I’m not yet sophisticated enough to scan documents directly into my postings yet)
[7] End Quote J
Thegardeningsnail's Weblog (because not every critter is hiding under a rock...) 