Fireworks, Politics, Resignations, Recreation, and a Mid Year Budget Review–February, 2015

Livingston, CA – 03/22/2015

So the 4th of July has formally asked they would like to come under the City Umbrella just like the Recreation Commission: to have a sand alone committee of sorts..so that has to be figured out. I know Legal Council will help out. That’s something they would like. One, because they would like to get the full support of the City every year. Excerpted from Comments and Discussion of future agenda items by Former City Manager Jose Antonio Ramirez – January 20 2015 City Council Meeting: beginning about 19:52 minutes in. 

What we’re requesting is that we have the exact support or similar support as the Sweet Potato Festival. I don’t see what the difference is. I would like to see that support. Where, when you go to the Sweet Potato Festival, you see all staff is on hand. Every person from Recreation to Public Works’….so that’s what we’re looking for: the same type of support. Julio Valadez – Chair – July 4th Committee – Ibid.

Julio, I have a comment Since I know that you guys want to come under the City. But I think we already have a Recreation commission. And I think currently we only have 1 or 2 Commissioners on that. If you guys join the Recreation Commission, you guys could take on the Fireworks because the Commission is already-we don’t have to go through the process of doing a new commission. So we need more people on the Commission and the Fireworks would be part of Recreation. Which is part of, you know, you guys could take that on. That’s just an idea. If you guys want to. Mayor Rodrigo Espinoza – Ibid

So why might the July 4th Committee want to come “under the umbrella” of the City? or join the Recreation Commission? More on that a little later, but first.

YOU WOULDN’T KNOW IT BY THE TITLE
on the City’s Website, but there is an important informational meeting about the City’s Water Delivery System this Tuesday.

Water Workshop

As part of the settlement agreement with California River Watch, the City is obligated to provide additional information about the state of our Water System, and what the City is doing to address our Water Quality Issues.

Now..a brief look at some of the Agenda items covered during FEBRURARY’S City Council Meetings. As of the date of this posting, written minutes have yet to be prepared. However, if you would like to view an archived video of the meeting, you can do so by CLICKING HERE. You can also go to City Hall and request a Copy of the Meeting Videos.

The FEBRUARY 3, 2015 CLOSED SESSION included

  • 2 Cases of Potential Litigation

  • Continued discussion about the City Manager Recruitment

  • Another Discussion about Labor Negotiations with All Represented City Employees

During OPEN SESSION on FEBRUARY 3:

1. Mayor Rodrigo Espinoza Presented Key to the City plaques to members of Grupo Musical Los Kinos

2. There was a Report on United Front Security and Patrol Security Company Seeking a Business License.

3. The Minutes of Meeting Held on December 16, 2014 were approved.

4. The Warrant Register Dated January 29, 2015 was approved. Except for one check issued in payment for Radio Advertising for the 4th of July Celebration. Although Interim City Manager Odie Ortiz stated the payment had been “approved by management”, Mayor Espinoza stated he wanted that check “held” until he had more time to talk to the Chairman of the July 4th Committee. (My best guess is “management” meant prior City Manager Jose Ramirez)

5. A Resolution appointing Odilon Ortiz as Interim City Manager was approved.

6. A Resolution Approving the continuation Ruben Chavez for the Position of Police Chief was adopted.

7. The Council filled the Vacant seats on the Livingston Planning Commission after ACCEPTEING THE RESIGNATION of Planning Commission Chair Luis Flores. Mario Mendoza was appointed to finish Flores’ term: which ends in December of this year. Ananan Bath was appointed to the other vacancy: which is a 4 year term.

As Reported in the Merced Sun Star –

 “After Flores resigned, Commissioner Mario Mendoza – who was seeking another term on the commission – was appointed to finish Flores’ term. Newcomer Adanan Bath was appointed to the other vacancy.

Bath last year pulled filing papers to challenge Samra in his re-election bid in November. Bath ended up not running against Samra.

Mendoza, however, did challenge Samra but lost by about 300 votes.”

This means the person who “changed his mind” about challenging  Samra for office was appointed to a 4 year term on the Planning Commission.  The person who didn’t drop out of the race was given what was left over of Mr. Flores’ term.

8. The Council Accepted and Authorized the Temporary Outsourcing of City’s Street Sweeping Services to Gilton Solid Waste. According to the Mayor, this needed to be done because the engine on the Street Sweeper was “blown”.

9. The Council Discussed  Changes to the DTC Zone. There are Residential Homes located in the Downtown Commercial Zone. That means those homes are “non conforming uses” which has created a whole host of problems for those people who want to keep their house as a “house” and not convert it into a “business”.

There was discussion about how there would need to be some planning work involved in “fixing” the problem while at the same time avoiding “spot zoning”

10. The Council Discussed Changing the City Logo Slogan from “The Last Stop” to “Sweet Potato Capital of the World.” It seems some people think “The Last Stop” means a place where you go to retire and/or die. I guess most people have forgotten that Livingston had “The Last Stop” Light on HWY 99: before the realignment was done. Maybe such things aren’t relevant in “today’s world”.

11. The Discussion Item: “Twelve Acres of Industrial Land at the Max Foster Sports Complex” was Continued to a Future Meeting. From what I understand, there may be a dispute between the City of Livingston and a Developer over how much of a Reimbursement is due to the Developer.

The FEBRUARY 17, 2015 CLOSED SESSION included:

  • 1 case of Potential Litigation

  • A Conference about Labor Negotiations regarding All Represented and Unrepresented City Employees

During The Regular Meeting FEBRUARY 17, 2015 :

Mayor Espinoza and Council Person Mendoza were absent

1. An Item placed on the Agenda by Mayor Rodrigo Espinoza & Council Member Arturo Sicairos to Present and discuss idea of possible Sister City relationship with the State of Jalisco, Mexico. The consensus of the Council seemed to be it would be a great idea to adopt Zapotlanejo as a Sister City: perhaps via the Sister City Program International.

2. The Warrant Register Dated February 12, 2015 was Approved.

3. A Resolution of the Successor Agency to the Redevelopment Agency of the City of Livingston Approving the Recognized Obligation Payment Schedule (ROPS 15-16A) Pursuant to Health and Safety Code Section 34177 for Period July through December 31, 2015 was adopted.

Well 12 - 13 - 1- - 17 - 184. A Resolution Approving the Initial Study and Mitigated Negative Declaration for Improvements to Municipal Well No. 17 was adopted. New well site equipment and improvements will include an estimated 2,000 gallons per minute capacity

5. A Resolution Approving the Purchase of Equipment from Tesco Controls, Inc. for the Well No. 13 and Well No. 17 Projects, without Competitive Bids  was approved.

Well 8 - 9 - 11 - 156. A Resolution Approving a Contract with Forsta Filters for the Supply of Three Self-Cleaning Filters to remove Sand from Wells No. 9 and Well No. 11B was approved. This was done because the previous vender could not meet delivery times as previously expected. This expense was not in the Budget: an emergency situation created by the drought.

7. The City Council Directed Staff to Approve the Installation of a Varible Frequency Drive on Turbine #1 at the Waste Water Treatment Plant. According to Staff, by installing the Variable Frequency Drive, the City would Save on energy costs in the long run.

8. There was another Review/Discussion/Direction of the Annual Fireworks Booth Selection procedures. Members from both the July 4th Committee and Livingston Youth Football were in attendance and talked about why their Organizations should qualify for “the council pick”.

9. A Resolution Approving the Recommended 2014-15  City of Livingston Mid-Year Budget Revisions was adopted. Although Interim City Manager Ortiz said it looked like the City was seeing a Recovery, Mayor Pro Tem Samra stated “Yes. It is good news. But we’re not ready to open the Credit Card.”

ADJOURNMENT

Now, let me tell you a Brief TALE ABOUT FIREWORKS BOOTHS,  THE SWEET POTATO FESTIVAL and THE RECREATION COMMISSION

Once upon a time, the way I remember it, the City was in charge of putting on the July 4th Celebration: fireworks and all. Then there came the year of The-Run-Up-To-The-Recall. And, somehow, in the middle of all that, the order for the fireworks didn’t get put in in time.

It was as if the Conspiracy Theory Comet from Hell had struck: because of all the blame throwing and finger pointing. (I did do some checking on my own, and after asking for a General Ledger Report and looking it over, It looked to me like donations to the July 4th EVENT did NOT get booked into the July 4th ACCOUNT. But were booked into an account called Special Events. Near as I can tell it was just an honest mistake. But one that did not help calm the blamethrowing of the time. But I digress…)

A group of people banded together to, at least try, to see that the tradition of the July 4th Celebration wasn’t lost forever. Some people quit after the first year. Others kept on, year after year: rounding up donations and doing what needed to be done to meet the goal of Celebrating our Nation’s Independence Day with the Biggest and Best celebration possible.

In 2011, a new City Manager was hired. He thought it would be a Grand Idea to for the City to Revive the long dormant Sweet Potato Festival.

And stick it straight into the same week as the July 4th Celebration of 2012.

Which had some people I talked to scratching their heads about the timing. What were we celebrating that week? Our Nations Independence or Sweet Potatoes?

Later, there was the whole flap about the City “losing money” on the Sweet Potato Festival and the July 4th Committee having “money left over” after paying expenses.

Certain members of the City Council seemed to feel that the July 4th Committee should fork over their “excess” to cover the City’s “losses”.

Which, had some of us scratching our heads when we first heard about it. They way we understood it, the July 4th Committee was not organized as a fundraiser for the Sweet Potato Festival. It was organized to Plan and Organize an Event the City was no longer Planning and Organizing.

And any money “left over” after expenses would be rolled over to the following year.

As far as the Sweet Potato Festival was concerned, my understanding of the goal, from listening to the City Manager , was to at least break even: if there was any money “left over” after expenses, that would go towards funding other City Events.

Then in 2014, (as reported in the Merced Sun Star) Members of the Livingston Fourth of July Committee appealed to the City Council during its regular meeting  …..asking for help to pay off $5,441.14 of unpaid bills from the nonprofit’s annual fireworks show and festival.”

I can distinctly remember the “then” City Manager saying that management would take a look at the expenses involved to see which ones the City could “justify” paying on behalf of the July 4th Committee. (After all, it was a “City” event of sorts: with free admission to all)

So my guess is the “prior” City Manager, Jose Ramirez, approved the check for payment that Mayor Espinoza decided to “hold up”.

But IF YOU WANT THE CITY’S FULL SUPPORT, (and money for the Fireworks Show) how about joining the Recreation Commission? That was the suggestion made to members of the July 4th Committee, by Mayor Rodrigo Espinoza at the January 20th, 2015 City Council Meeting. According to the Mayor, this would solve two problems at the same time:

  • Getting enough members on the Recreation Committee to actually HAVE meetings on a Regular Basis – and –

  • Helping out with fundraising etc. for the 4th of July Celebration

The Logic going something like this: The Recreation Commission is already an Established Commission of the City. One of the tasks of the Recreation Commission is to promote activities That Benefit The Community. The July 4th Celebration is an Activity That Benefits The Community.  The are not enough members on the Recreation Commission. Therefore:

  • IF enough members of the July 4th Committee joined the Recreation Commission in order t0 make it a Functioning Commission,

  • THEN they could get “support” from the City

The response from some of the members of the July 4th Committee was that they are already very busy with activities that benefit the community, and really just don’t have the time to take on the additional responsibility: especially if the only reason to do so was to get “the support” from the City for an event that benefits the City As A Whole.

This is the way I see what has been happing so far.

  1. The City can issue up to 5 Fireworks Booth Permits. The City Council rewrote the Fireworks Ordinance so it could have the ability to grant a Fireworks Boots to up to two (2) Non Profit Organizations of its choice – making it possible to “Council Pick” Livingston Youth Football  and one other Non-Profit organization. That would put “everybody else” into a lottery for the remaining 3 booth permits.

  2. “Someone” got his nose out of joint when the July 4th Committee wouldn’t fork over their “profits” to bail out the Sweet Potato Festival’s “losses” one year and decided “since you wouldn’t donate your profit to the City, don’t bother asking the City to help you.

  3. And we won’t choose you for “Council Pick” for a Fireworks Booth Either. We’ll “choose” Livingston Youth Football, but you get thrown into the raffle like the other applicants.

  4. To Bad, So Sad, if you don’t get a Fireworks Booth

  5. Too Bad, So Sad if you “lose money” on putting on the July 4th Celebration.

  6. BUT “we” want a Recreation Commission that has meetings. So if you join the Recreation Commission, we will be willing to spiff you some “help” that way.

  7. BUT..Members of the July 4th Committee “reject” the offer to “obtain help” by joining the Recreation Commission.

  8. HOWEVER..The City Manager, recognizing the July 4th Event as a City Wide Event, as one of his last official acts before leaving at the end of January, 2015, authorizes the payment for the Radio Advertising. (It had to be either Jose or Odie: who else could be the “management” who could approve that check?)

  9. AND That check is “held up” by the Mayor at the very next Council Meeting

At this point, I will let you draw whatever conclusions you wish. I can say that “The Saga Continues”. The next chapter will continue when we meet again to look at What Happened in March, 2015.

More on the February Happenings in Livingston can be found by going to the links below:

For the February Police Department Update, click on the following link – LPD Update 2_3_2015

For relevant Sun Star Articles, see below.

Livingston manager’s last day brings some employees to tears BY RAMONA GIWARGIS, The Merced Sun Star – 02/01/2015 – Mayor Pro Tem Gurpal Samra said Friday was a “sad day” for Livingston. It will be hard to replace Ramirez, he said, but the city will hire a recruitment organization to interview prospective candidates. While the City Council makes the final hiring decision, Samra said this method will “keep the process fair” and discourage favoritism.

Livingston police chief’s contract renewed for 3 years BY RAMONA GIWARGIS – The Merced Sun Star – 02/04/2015 –  Livingston Police Chief Ruben Chavez will continue working for the city another three years, the City Council determined unanimously this week

Chinese exchange students make friends in Livingston – BY THADDEUS MILLER – The Merced Sun Star – 02/08/2015 – About 50 students from China spent a couple of days here last week, visiting with others their age, sharing music and practicing their English. – The visit was the first edition of an exchange program, or “sisterhood,” that Livingston Middle School hopes to continue with Beijing Runfeng School, according to principals from both schools.

Livingston council talks fireworks stands and midyear budget – BY RAMONA GIWARGIS – The Merced Sun Star – 02/18/2015 – The battle over fireworks booths in Livingston has begun. – The city is accepting applications from nonprofits interested in selling safe-and-sane fireworks in July, officials announced at a City Council meeting Tuesday. Although the application period just opened, two groups – the Fourth of July Committee and Livingston Youth Football – were already appealing to the council Tuesday to choose them.

Livingston planning commissioner resigns over conflict of interest worry – BY RAMONA GIWARGIS – 02/22/2015 – The Merced Sun Star – The chairman of Livingston’s Planning Commission voluntarily resigned after elected officials threatened to have him removed because of a potential conflict of interest.

Livingston police arrest seven known gang members – SUN-STAR STAFF – 02/25/2015 – Seven known gang members have been arrested in Livingston since Saturday, according to police. – Three of those arrests came Tuesday when Livingston police and Merced County probation officers searched a home in the 1500 block of Seventh Street, finding a loaded 12-gauge shotgun hidden in a wall with other weapons, and more than five grams of methamphetamine, police Chief Ruben Chavez said.

Arsenic, TCP and Salmonella; Lawsuits and Politics; A Look Back at 2014 and A City Council Agenda

LIVINGSTON CALIFORNIA – 2/01/2015

A Livingston public works employees union recently questioned the mayor’s friendly relationship with Mendoza, in addition to accusing Mendoza of harassment.– Espinoza, however, said his friendship with Mendoza had nothing to do with him getting invited to China. “We’ve been friends, and we talk once in a while, but that didn’t play a part,” the mayor said. from Livingston council questioned over China trip – Ramona – Merced Sun Star – 12/03/2014

“There is an urgent need to have Well 16 back on-line in the near future to meet the City’s water demands that will likely increase in the Spring and Summer.” From STAFF REPORT -  Resolution Approving an Agreement with Shannon Pump for Sampling and Repairs to Well 16, Making Findings Supporting that Award of Such Agreement is Exempt from Competitive Bidding Requirements and Authorizing the City Manager to Execute the Agreement. MEETING DATE: February 18, 2014

Approximately 18,267 sq. ft of land is needed to locate the treatment facilities at the existing Well No. 8. The adjacent property (APN 024-020-023 and 029) is owned by Foster Farms.  From  STAFF REPORT  AGENDA ITEM: Resolution Authorizing the Purchase of Land Needed for the Installation of Water Treatment Facilities at the City Water Supply Well No. 8, Approval of the Appraisal Report Prepared by The Thomas Wilkins Company, and Authorizing the City Manager to Execute the Agreement with Foster Farms for the Purchase of the Land.  MEETING DATE: May 21, 2013

One of the city’s largest water wells previously plagued by a major contaminant now runs with a new filtration system, city officials announced this week…….The upgraded well, located on Livingston Cressey Road, near the Foster Farms plant, was chosen because water drawn from it contains high levels of TCP contamination, said Livingston Mayor Pro Tem Gurpal Samra…. The well pumps 1,200 gallons of water per minute to the city, with the majority used by Foster Farms. Livingston water well receives $2.3 million filter system – Ramona Giwargis – The Merced Sun Star – 12/30/2014

Without Livingston, there is no Foster Farms, and without Foster Farms, there is no Livingston. Those were the words of Mayor Pro Tem Gurpal Samra as he explained the company’s impact on the city. Samra joined Mayor Rodrigo Espinoza and Councilman Arturo Sicairos in presenting Foster Farms CEO Ron Foster with a commemorative key to the city Tuesday night. From Livingston city officials present Foster Farms with key to city – Ramona Giwargis – Modesto Bee -07/16/2014

This is not an all inclusive discussion of everything that happened in Livingston during 2014. It is only a brief look at what I consider some of the more significant historical and political happenings in the City of Livingston.

preparing-to-take-down-the-marqueeCOURT THEATER IS DEMOLISHED – Another sad chapter in Livingston’s History has ended with the destruction of the Court Theater.  In 2001, the City had purchased the Court Theater with the high hopes of restoring the Theater and transforming it into a Cultural Arts Center . In 2005, the City received a Community Development Block Grant: which it used to complete Architectural Drawings in 2008.

But between trouble getting enough additional financing, accusations in 2010 that Police and Fire Department budgets were cut to finance the project, and the deterioration of the relationship between City Council Members, the Court Theater Committee in 2011, it became pretty clear the Court Theater Project was doomed.

The City was able to salvage some of the Grant Money it had received by getting permission from the State to use these funds for improvements at Gallo Park.

The City also made attempts to save the Theater’s Marquee, Ticket Booth, and Sign.

WITHOUT LIVINGSTON, THERE IS NO FOSTER FARMS, AND WITHOUT FOSTER, THERE IS NO LIVINGSTON – In a previous post, I talked about the Symbiotic and Sometimes Dysfunctional Relationship between Foster Farms and the City of Livingston. Since Foster Farms is the largest consumer of water in Livingston: using at up to 66% of the water produced from Livingston’s wells, it can’t help but have a large influence on the size and condition of Livingston’s Water Delivery System.

Most of you remember that 2013 ended with Foster Farms coming under intense scrutiny due to an outbreak of antibiotic resistant Salmonella. This continued into 2014 as Livingston braced for fallout from an idled Foster Farms .  Congresswoman Rosa DeLauro reacted to the closing of the plant due to roaches as “long overdue.”: pushing for action against the company. Three days after federal inspectors shut it down Foster Farms got the OK to reopen plant only to shut it down again a day after reopening in order to expand safety procedures.

As the number sickened by salmonella outbreak rose to 430, according to government reports Foster Farms reopened the plant after a 10-day closure. And while Salmonella cases continued to grow, Foster Farms noted progress with it’s safety and prevention efforts

By April salmonella cases linked to Foster Farms, were reported to have grown to 524 people in 25 states and Puerto Rico.

May 2014 brought a couple of interesting developments. In Virginia, Foster Farms, in conjunction with Marketing & Planning Specialists LP, filed a federal lawsuit claiming the EPA improperly applied the Clean Water Act on land they wish to develop. In California, Foster Farms blamed and sued its exterminator for cockroaches.

The Months of June saw Foster Farms celebrating its 75th anniversary.  Meanwhile, in Congress, Rep. Rosa DeLauro (D-Conn.) and Rep. Louise M. Slaughter (D-N.Y.) introduced a bill called the Pathogens Reduction and Testing Reform Act: which would require the USDA to recall meat, poultry and egg products contaminated by pathogens that cause serious illnesses or death and that are also resistant to two or more classes of antibiotics commonly used to treat human illnesses

In July, Foster Farms received the Key To The City of Livingston from Livingston’s Officials;  issued its first voluntary chicken recall since 2013 salmonella outbreak ; updated the recall to include additional "use or freeze by" and "best by" dates; and sued its insurance companies for recall reimbursement in ‘cockroach infestation’ “arguing that the forced closure of a plant earlier this year by the government and subsequent destruction of chicken amounted to a recall”.

By July 31, The Center for Disease Control said the salmonella outbreak appeared to be over. In September Foster Farms recalled chicken from Louisiana due to possible contamination by Listeria.

In October Ron Foster announced he would step down as Foster Farms President and CEO.

In November, a billboard scrutinizing Foster Farms was set up: an indication that Foster Farms still has a ways to go before things settle down to “business as usual.”

WITHOUT LIVINGSTON’S WATER, WHAT WOULD BECOME OF FOSTER FARMS?

Impact on Foster Farms

Without the “low cost” water coming from Livingston’s wells, there would be no Foster Farms as we know it today. I’ve already mentioned the Symbiotic and Sometimes Dysfunctional Relationship between Foster Farms and the City of Livingston and how Foster Farms is the largest consumer of Livingston’s water.

In 2014, The City of Livingston purchased land from Foster Farms, in order to have enough room to install a TCP Filtration system on a well that sends most of it’s water to Foster Farms. 

I have also noted that, in the long run, Foster Farms would need to address an issue much larger than cockroaches and salmonella: that of having enough water that meets State and Federal Drinking Water Standards.

It is no secret, to those who have been paying attention, that Livingston’s Water Delivery system has been degrading over time. Arsenic levels have been rising and Foster Farms had to shut down at least 1 shift in February 2013 due to problems with water quality

In December, 2013, California River Watch served the City of Livingston with a 60-Day Notice of Violations and Intent to File Suit alleging various violations of the federal Safe Drinking Water Act. This was followed up with a Complaint against the City in the United States District Court, Eastern District of California, Case No. 1:14-CV-00437-AWI-MJS. In June 12, 2014, this was followed by a 90-Day Notice of Violations and Intent to File Suit alleging various violations of the federal Resource Conservation and Recovery Act. 

A Settlement Agreement and Release was signed in September 2014. Some of the agreed upon actions to be taken by the City include:

  • Well 13Install and operate wellhead treatment for Arsenic at Well No. 13 no later than June 1, 2016.

  • Continue monitoring for Arsenic at Well No. 13 consistent with federal Safe Drinking Water Act and California Safe Drinking Water Act requirements.

  • Well 8-9(b) Install and operate wellhead treatment for 1,2,3 Trichloropropane (“TCP”) at Well No. 8 no later than January 1, 2015.

  • Within six (6) months after the Effective Date of the Agreement, post on its website information regarding the City’s efforts to address TCP in drinking water.

  • on a semi-annual basis, provide inserts in its utility bills that provide information on efforts to address TCP.

  • update its website and the utility bill inserts, as needed, to reflect current
    information.

In January, Governor Brown had declared a drought emergency, and urged residents to reduce water consumption by 20 percent

Shortly thereafter, the Livingston City Council voted to ban outside watering on certain days of the week. “City leaders said the plan has been in the works the past few years, but was given a new sense of urgency after the governor declared a drought on Friday.”

Well 16In February, the Livingston council approved an urgent contract for repairs at Well #16 

In April, the City Council voted to begin the Proposition 218 Process for Water rate increase. Notices about Livingston rate increases went out the following Friday .  Meetings were held at which the new Rate Structure was discussed

In June the Livingston council approved utility rate increases and also approved a contract for emergency repairs to a damaged main pipe at the wastewater treatment plant . It should be noted that the Water Rate Increases adopted by the City of Livingston assume that Grants and Low/No Interest Loans from the State Drinking Water Revolving Loan Fund will fund the majority of Repairs/Upgrades to Livingston’s Wells and Water Delivery System over the next 5 years: any loans to be paid back over the next 20 to 30 years.

In September, the City received a Notice of Violation from the Water Board regarding the Domestic Wastewater Treatment Plant for not meeting certain testing and reporting requirements.

Well 8-9Well 11 - 15In November, there was discussion about wells #11 and #9 having been taken offline because of sand causing problems with Foster Farms: overwhelming their filters.

By the end of December, the TCP Filtration System on Well #8 was up and running; and the City Council approved the purchase of Arsenic Filtration equipment to be eventually installed on Well #13. As I mentioned earlier, installing filtration on both of these wells was covered in the Settlement Agreement between the City of Livingston and California River Watch.

BUDGETS,  CONCESSIONS, AND DEFICITS

Although the 2013/2014 Fiscal Year began back in JULY 2013, the Budget for that year wasn’t adopted until March 2014. This budget included salary reductions and other concessions from employees

The 2014/2015 Fiscal Year was barely over in June before the Budget for the Next Year Fiscal year was predicted to be $146,000 in the hole. Employees were again asked for a 7 percent pay cut: which was rejected.

In JULY a Memorandum of Understanding and a Side Letter Concessions Agreement between the City of Livingston and the City of Livingston Management and Confidential Employees Association was adopted. Terms included:

  • One furlough day per month

  • 1% pay decrease effective July 1, 2014 – June 30, 2015

  • $100 per month medical contribution per member

  • freezing 40 hours of vacation cash outs.

In August, the City Council adopted a budget which included a deficit of $44,000. The Council also considered the topic of planning fee increases. The leader of the Public Works Employees union expressed frustration over the way labor negotiations were being handled

A Resolution Approving a Successor Memorandum of Understanding Between the City of Livingston and the Livingston Police Officers’ Association (LPOA) OE3 Unit for the Period of January 1, 2015 through June 30, 2015 was approved in December of 2014.

A Memorandum of Understanding for the AFSCME Public Works and Parks Employees Unit for the period July 1, 2014 through June 30, 2015 was not approved until January 2015 and included one (l) furlough per month, freezing 20 hours of vacation cash­ outs effective July 1, 2014 through June 30, 2015 and contributions of $75 per month towards medical insurance premiums.

MAYOR’S TERMS, “POLITICS”, FIREWORKS, AND “FAVORITISM”

IN JANUARY, the Livingston City Council approved a ballot measure which would EXTEND THE MAYOR’S TERM of office from two years to four: in order to maintain “institutional knowledge” on the council according to Mayor Pro Tem Gurpal Samra, who had placed this item on the Agenda.

A previous ballot measure in 2006, Measure C, had asked Livingston voters if they wanted their mayors to have a two year or a four-year term. By about 66 of the vote, the term for mayor was limited to two-years. In 2006, voters said “no” to a 4-year term for mayor. Voters said “no” again in 2014. Voters said “no” again in 2014

IN JANUARY, The Council also discussed changing the way Fireworks Booth Permits were distributed by the city. Directions given to Staff was to include language in an Ordinance that would allow the City Council the ability to award the “COUNCIL’S CHOICE” to the Livingston Youth Football Organization for (2) CONSECUTIVE YEARS.  According to Youth Football Coach and City Council member Jim Soria, he had placed the Item on the January 21, City Council Agenda. According to Council Member Soria, the recent death of Mike Coronado created a Special Circumstance which justified giving Youth Football priority other non-profit organizations.

There was another discussion of the proposed Ordinance on February 18, and March 04: along with a fair share of criticism, replete with allegations of favoritism.

The actual Issuance of Permits to Sell Safe and Sane Fireworks took place on April 15th. Although Mayor Pro-Tem Samra made a motion to put all applications in a lottery,  Council Member Jim Soria’s “push to award a fireworks stand to a nonprofit for which he volunteers proved successful” by a 2-1 vote.

Allegations of “favoritism” was not limited out to just the handing out of Fireworks Booth Permits.  One of Livingston’s unions alleged acts  sexual harassment were committed by the City’s Public Works Supervisor.   “the union began receiving numerous complaints about his leadership, leading to a vote of no confidence signed by 11 employees in May” in addition to (allegations that) “Mendoza has an inappropriate relationship with Mayor Rodrigo Espinoza, allowing the mayor to have preferential treatment on projects related to his property.”

And although Mayor Espinoza claimed favoritism was not a factor when he picked who would travel with him to China , it couldn’t prevent questions from being raised. Public Works Supervisor Ruben Mendoza also went on the trip: in addition to Council Member Jim Soria, and City Manager Jose Ramirez. According to the Mayor Espinoza “I got invited through a friend and former mayor of Lathrop,” and was asked to invite 10 other people.

2014 WAS AN ELECTION YEAR with two seats “up for grabs” on the City Council, and also had it’s fair share of controversy.  A photograph circulated by Mayor Pro-Temp Gurpal Samra elicited claims of “dirty politics” and slander by by his opponent: Planning Commissioner Mario Mendoza. 

THE CITY MANAGER ANNOUNCED HIS INTENTION TO RESIGN during a Special City Council Meeting in DECEMBER. According to the City Attorney, the Report out of Closed Session, as stated by the City Attorney, was as follows:

Tonight in Closed Session, the City Manager informed the City Council that he is resigning from his employment with the City.  Mr. Ramirez has elected to resign to pursue personal and professional opportunities outside of the region.

The City Council on a vote of 4-0-1 (Council Member Mendoza was not present) has accepted the City Manager’s resignation and has agreed to waive the 60 days’ notice provision in the City Manager’s contract. 

The City Manager’s last day of employment with the City will be January 31st

Mr. Ramirez has expressed his willingness to continue to assist the City with current projects and to assist in the City’s transition to a new City Manager.  The City will be working with Mr. Ramirez to accomplish this

And now, on to the

CITY COUNCIL REGULAR MEETING AGENDA

FEBRUARY 3, 2015

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 February 3, 2015, at the City Council Chambers, 1416 C Street, Livingston, California. Persons with disabilities who may need assistance should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection at Livingston City Hall, 1416 C Street. The Open Session will begin at 7:00 p.m. The Closed Session will be held in accordance with state law prior to the Open Session beginning at 6:00 p.m. The Closed Session will be held at the City Council Chambers located at 1416 C Street. The agenda shall be as follows:

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 Council Chambers located at 1416 C Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 1416 C Street, Livingston, California.

3. Conference with Legal Counsel – Potential Litigation

((Government Code Section 54956.9(d)(2))

Number of Cases: 2

4. Public Employee Appointment

(Government Code Section 54957)

Title: City Manager

City Manager Recruitment

5. Conference with Labor Negotiator(Government Code Section 54957.6)

Labor Negotiator: Interim City Manager Odi Ortiz Employee Organizations: All Represented City Employees

Regular Meeting

CALL TO ORDER Next Resolution Number: 2015-3

Next Ordinance Number: 623

Pledge of Allegiance.

Roll Call.

Changes to the Agenda.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Mayor Rodrigo Espinoza – Presentation of Key to the City plaques to members of Grupo Musical Los Kinos for their continuous contributions to the Livingston community.

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.

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.

2. Report on United Front Security and Patrol Security Company Seeking a Business License.

3. Approval of Minutes of Meeting Held on December 16, 2014.

4. Approval of Warrant Register Dated January 29, 2015.

DISCUSSION AND POTENTIAL ACTION ITEMS

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

6. Resolution Approving the First Amendment and Restatement to Agreement for Employment between the City of Livingston and Ruben Chavez for the Position of Police Chief.

7. Vacancies and Appointments to the Livingston Planning Commission.

8. Council Accept and Authorize Temporary Outsourcing of City’s Street Sweeping Services with Gilton Solid Waste.

9. Discussion Regarding Changes to the DTC Zone.

10. Discussion Item: Consideration of Changing the City Logo Slogan from “The Last Stop” to “Sweet Potato Capital of the World.”

11. Discussion Item: Twelve Acres of Industrial Land at the Max Foster Sports Complex.

ADJOURNMENT

Arsenic and Lawsuits, Workshops and Hearings; A Clean Up/Abatement Order from the Water Board, and a City Council Agenda

LIVINGSTON, CALIFORNIA 05/19/2014

Water quality monitoring conducted by the City since January 2008 revealed that the arsenic levels in the water produced by the City’s wells has increased. the city must develop a contingency plan to be used in the event that the water produced by the City’s wells exceeds the arsenic MCL.California Department of Public Health, 2011 Water System Inspection Report. 

Well No. 16 has been offline since September 2011 because the media in the arsenic removal treatment system has been exhausted . Well No. 13 is also offline due to arsenic at elevated levels but below the MCL. The City is currently flushing the well to waste and collecting a bacteriological cycle test and hopes to bring the well online by mid-April if the cycle test results are coliform negative.California Department of Health: City of Livingston 2013 Water System Inspection Report

The City is currently conducting a Feasibility Study to examine adding additional source capacity, adding additional storage capacity , and adding localized or centralized treatment to provide water that complies with all primary and secondary drinking water standards. Several of the City’s wells produce water with 1,2,3-TCP above the Notification Level. Many of the same wells produce water with arsenic approaching the MCL (Well No. 12), at the MCL (Wells Nos. 13 & 15), and over the MCL (Well No. 16). Thirdly , Well No. 15 produces water with excessive manganese levels. The City has opted to provide treatment for the latter rather than applying for a waiver from the Department. The Feasibility Study is expected to be completed by the end of April 2013 – Ibid

Council Member Espinoza commented that there have been many complaints about the water system and a rate increase is warranted to correct the problems June 19, 2007 Draft Meeting Minutes (Re -Bergman Rate Study)

“Mayor Samra commented that making a decision is not easy for him and he agrees with all of his colleagues that something needs to happen. He said the Council will study this matter; however, not just the Council, but also the community at large needs to deal with the issue. Mayor Samra added that residents’’ concerns will be answered and he agrees that this item (Water Rate Increases) be continued” January 15, 2008, Draft Meeting Minutes (Bergman Rate Study)

“[t]he City operates a community water system under California Water Permit No. 03-11-98P001. The City’s source of water supply is exclusively groundwater. The City currently has eight (8) active wells. The quality of the water produced by most of the City’s wells is marginal and in some cases it exceeds the maximum contaminant level (MCL) for constituents like arsenic or manganese. Well No. 13 has [except in 2010 and 2011 when Well No. 13 was not operated] been exceeding the arsenic MCL of 10 μg/l since 2010.”  – California River Watch v. City of Livingston 

The City of Livingston has been sued.

Because of the Arsenic Levels in our Groundwater.

More on that a little later. But First:

A FEW DEFINITIONS

Before we get started, I must state that I am neither a Scientist, Engineer, nor Chemistry Nerd. But I have been following Livingston’s Water Quality Woes for quite some time. And after attending meeting after meeting over the course of the past few years while watching City Council after City Council punt this issue down the road time after time, I think I have managed to pick up a bit of knowledge by osmosis.

I have also amassed a fair amount of documentation over the years, and I’ve done additional research online: some of which I will be referencing as we go along. (click the links for even more detail)

Please forgive me, documentation purists, if some of my links are to Wikepedia, Yahoo Answers and/or other “Non Scientific” type websites. This is not a University Level Discussion in “The Chemistry and Related Issues in Municipal Drinking Water”.  I  just want to get across a few basic ideas before the Proposition 218 Hearing that’s coming up on Tuesday.

PRIMARY DRINKING WATER STANDARDS address health concerns. (Things in the water that can make you sick or kill you if you drank enough of it over time)

SECONDARY DRINKING WATER STANDARDS – (things that make the water look and smell yucky, but might not necessarily make you sick or kill you) established to address issues of aesthetics (discoloration), not health concerns. In California secondary MCLs (Maximum Contaminant Levels) are enforceable.

UNREGULATED CONTAMINANTS –
Chemicals and stuff which do not yet have a Maximum Contaminant Level. (emphasis on “yet”) There is ongoing testing So the The Environmental Protection Agency can decide whether or not these contaminants occur often enough and at high enough levels to warrant further attention and/or regulation. (In other words, the Government is still debating the science about how much of that stuff will make you sick or kill you over time.)

ARSENIC – : a semi-metal element in the periodic table. It is odorless and tasteless. It enters drinking water supplies from natural deposits in the earth or from agricultural and industrial practices. 

CHROMIUM – 3 An Essential Trace Mineral, not to be confused with it’s deadlier cousin: Chromium – 6.

CHROMIUM – 6:  Chromium-6, or hexavalent chromium, is a naturally occurring metal. It is also used in several industrial processes. Chromium-6 has been known to cause cancer in humans when inhaled. In scientific studies in laboratory animals, chromium-6 has also been linked to cancer when ingested (Think “Erin Brokovich”)

MANGANESE: Manganese is a pinkish-gray, chemically active element. it is one out of three toxic essential trace elements, which means that it is not only necessary for humans to survive, but it is also toxic when too high concentrations are present in a human body. When people do not live up to the recommended daily allowances their health will decrease. But when the uptake is too high health problems will also occur. (Not getting enough? You get sick. Getting “too much”? You get sick)

TCP – 1,2,3:  TCP-containing fumigants were used extensively by farmers in the production of a large variety of crops from the 1950s through the mid-1980s. In California, these fumigants (known by the trade names D-D and Telone) were among the most widely used pesticides in the history of the State, second only to sulfur…. In 1999, 1,2,3-TCP was added to the list of chemicals known to the state to cause cancer (Livingston sued Dow Chemical and netted about $9.5 million dollars to put towards removing the TCP from our Drinking Water)

mg/L: Milligrams per liter or Parts Per Million. 

ug/L: Micrograms per liter or Parts Per Billion, (ppb)

Parts per Billion, (ppb) – Imagine 13 drops of ink in one of the largest tanker trucks used to haul gasoline. That would be 13 Parts Per Billion of ink.

MCL: Maximum Contaminant Level – The highest level of a toxic substance allowed in Drinking Water. The Health & Safety Code §116365(a) requires California Department of Public Health to establish a contaminant’s MCL at a level as close to its PUBLIC HEALTH GOAL (PHG) as is technologically and economically feasible, placing primary emphasis on the protection of public health

  • If a toxic substance is higher than the Maximum Contaminant Level using a 4 QUARTER AVERAGE, a water purveyor has to figure out a way of reducing that number down to below the MCL, and/or come up with another source of water to deliver to it’s customers.

  • The Maximum Contaminant Level for Arsenic currently stands at 10 Parts Per Billion 

  • We have at least 2 wells that are over the limit of 10 Parts Per Billion and others that are really close to going over that limit.

4 QUARTER AVERAGE: As is this example.

  • If quarterly testing for arsenic at Well A produced the following results in Parts Per Billion: 8.5, 9.9 , 10, 11

  • The 4 Quarter Average would be 9.85 Parts Per Billion.

RANGE: The Lowest and the Highest. Using the Above as our example,

  • The Range would be 8.5 – 11 Parts Per Billion

NOTIFICATION LEVEL – The level at which the State of California says the public needs to be notified about a contaminant in the Drinking Water.

  • The Notification Level for TCP – 1,2,3 is 0.005 ug/L ( 0.005 Parts per Billion)

  • I’m not to crazy about decimals. So to “get rid” of the decimal, we move the decimal 3 places to the right and get 5 Parts per Trillion.

  • According to the Report by Kennedy Jenks, a significant number of Livingston’s wells produce water with TCP ABOVE the Notification Level.

Parts per Trillion (ppt):– Imagine 5 drops of detergent in enough dishwater to fill a string of railroad tank cars ten miles long. That would be 5 Parts Per Trillion of detergent.

RESPONSE LEVEL – The level of contamination at which the State of California says a well “should” be removed from service because of a potential threat to Public Health.

  • The RESPONSE LEVEL for TCP – 1,2,3 is 100x the Notification Level (therefore 500 Parts per Trillion).

  • According to the Report by Kennedy Jenks, some of Livingston’s wells produce water with TCP levels ABOVE the Response Level.

PUBLIC HEALTH GOAL –  Concentrations of drinking water contaminants that pose no significant health risk if consumed for a lifetime, based on current risk assessment principles, practices, and methods. (Translation: levels low enough that you should die of old age before any of that stuff would make you really sick or kill you)

05012014 Water Bill Insert Page 1Having a basic understanding of these terms will comes in handy every now and then: like when open your “Water Bill” and find another in an ever growing series of “its not an emergency but we have to tell you about the Arsenic in the Drinking Water” notices.  (Or when you go to a Meeting, Hearing or Workshop about “What’s In Our Water and What We Plan To Do About It” and the Consultants and Engineers go on and on in what sounds like a Foreign Language to those of us who are not Math/Science Nerds.)

SO NOW, LET’S TALK A LITTLE ABOUT ARSENIC and that Lawsuit I mentioned earlier.

To start with, we’ve been getting “Warnings About Arsenic” in the Water Bills since at least July of last year: after Well #13 was brought back on line and it was discovered, oops, that it was testing just a little over the Maximum Contaminant Level for Arsenic.

According to the 2011 California Department of Public Health Water System Inspection Report (page 9), Well #13 “was offline because the motor had burned up and needed to be replaced” and “the well has been offline for approximately two years due to construction”.

Well Locations with Local LandmarksThe 2013 California Department of Public Health Water System Inspection Report (page 15) talked about City Wells that “produce water with arsenic approaching the MCL (Well No. 12), at the MCL (Well Nos. 13 & 15), and over the MCL (Well No. 16).

At the May 20, 2013 meeting of the Utility Rates Stakeholders Committee Meeting, members were notified that Well #13 was running a little high on Arsenic and would likely need to have an Arsenic Filtration System installed.

Arsenic Compliance OrderAt the June 03, 2013 meeting of the Utility Rates Stakeholders Committee, members were informed that the California Department of Public Health had issued a Compliance Order For Violation of the Arsenic Maximum Contaminant Level

Page 8About December 10, 2013, California River Watch notified the City of Livingston of their intention to file suit under the Safe Drinking Water Act. At the very next City Council Meeting, the number of Cases of Potential Litigation to be discussed in Closed Session increased from 3 (as on November 19th) to 4. 

Page 1That Livingston finally ended up with a Compliance Order for Violating the Arsenic Maximum Contaminant level should be no real surprise to anyone who has been paying attention to Livingston’s Water Quality Woes.

Arsenic, and the need for filtration was a Topic of Discussion in the 2007/2008 Bergman Rate Study.  It was also a component in the 2009 Rate Study done by Raftelis Financial Consultants.

imageMaybe it is just coincidence that California River Watch decided to sue the City of Livingston about Violating the Arsenic Standard right around the same time we are getting ready for our THIRD round of Water Rate Studies and Proposition 218 Hearings in 6 years or so…..But

According to the Merced Sun Star, David Weinsoff, an attorney retained by California River Watch, stated

“There are senior citizens and children who are drinking this water, those that have compromised health systems that are drinking this water,” he said. “I frankly don’t see why the city doesn’t figure out who is most affected by the arsenic and provide water bottles or another alternative water source.”

And

Weinsoff said the goal of the lawsuit is to order the city to address the problem sooner than the deadline issued by the state and to notify at-risk residents, such as children and the elderly, when the city is out of compliance with maximum contaminant levels.

Maybe, just maybe, considering Livingston’s long history of Cycling through Hearing after Hearing, Consultant after Consultant, and Study after Study, California River Watch decided to invoke a “Higher Power” to make sure something actually gets done this time around.

FOR THOSE OF YOU WHO MISSED THE “WATER RATE” WORKSHOPS last month, and would like to see a copy of the Power Point Presentations, you can click on the following.

Water And Sewer Rate Study Community Workshop #1 April 8th, 2014: English

Water And Sewer Rate Study Community Workshop #2 April 10th, 2014: Spanish

Water And Sewer Rate Study Community Workshop #3 April 22nd, 2014: Punjabi

  • TO READ A COPY OF THE RATE STUDY in English, Spanish and/or Punjabi, you can go to:

    FOR EVEN MORE ON THE HISTORY OF LIVINGSTON’S WATER QUALITY WOES, I offer the following:

  • Salmonella, Arsenic, TCP and Manganese, A Timeline About Water Issues, and a City Council Agenda 

  • California Water Board Clean Up and Abatement Order – July 21, 2012 – Industrial Wastewater Treatment Facility

  • 2 Rate Studies, 4 Rate Consultants, 1 Recall Election, 3 Rate Rollbacks, 1 Rate Committee, 1 New City Manager, 1 New Public Works Director, 1 Public Relations Firm and 1 Report by Kennedy Jenks (And a City Council Agenda) (I should probably mention at this point that the City of Livingston is now looking for Yet Another Public Works Director..anyone want to take bets about how long this one will last? )


  • 2008 City of Livingston Water Rate Study Presentation: Dan Bergmann, Interstate Gas Services, Inc.

  • 2009 City of Livingston Wastewater and Solid Waste (Garbage) Rate Study: Raftelis Financial Consultants

  • 2009 City of Livingston Water Rate Study: Raftelis Financial Consultants, Inc. 

  • California Department of Health – Compliance Order For Violation of the Arsenic Maximum Contaminant Level: May 16, 2013

  • California Department of Health Sept. 2010 Letter on Water System Funding

  • California Department of Health: City of Livingston 2011 Water System Inspection Report

  • California Department of Health: City of Livingston 2013 Water System Inspection Report


  • Feasibility Analysis For A Sustainable Water Treatment Strategy–Kennedy Jenks Consultants

  •  

    CITY COUNCIL REGULAR MEETING AGENDA

    MAY 20, 2014

    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 April 15, 2014, at the City Council Chambers, 1416 C Street, Livingston, California. Persons with disabilities who may need assistance should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection at Livingston City Hall, 1416 C Street. The Open Session will begin at 7:00 p.m. The Closed Session will be held in accordance with state law prior to the Open Session beginning at 6:00 p.m. The Closed Session will be held in the City Council Chambers 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 Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 1416 C Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 1416 C Street, Livingston,

    California.

    3. Public Employee Performance Evaluation

    (Government Code Section 54957(b)(1))

    Title: City Manager

    4. Conference with Labor Negotiator

    (Government Code Section 54957.6)

    Labor Negotiator: Jose M. Sanchez, City Attorney

    Unrepresented Employee: City Manager

    5. Conference with Legal Counsel – Potential Litigation

    [(Government Code Section 54956.9(d)(2)]

    Number of Cases: 2

    6. Conference with Labor Negotiator

    (Government Code Section 54957.6)

    Labor Negotiator: City Manager Jose Antonio Ramirez

    Employee Organizations: All Represented City Employees

    Regular Meeting

    CALL TO ORDER

    Roll Call. Next Resolution No. 2014-22

    Next Ordinance No. 619

    Pledge of Allegiance.

    Closed Session Announcements

    Changes to the Agenda.

    AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

    1. Presentation by City Manager Jose Antonio Ramirez: 20 Year Service Pins to Danna Rasmussen, Senior Administrative Analyst, and Debbie Parrott, Senior Account Clerk.

    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. An Ordinance of the City Council of the City of Livingston Adopting a New Rate Schedule for Water Service – Proposition 18 Hearing.

    3. Resolution and Ordinance of the City Council of the City of Livingston Adopting a New Rate Schedule for Domestic Wastewater Service (Sewer Service) – Proposition 218 Hearing.

    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. Waive the Second Reading and Adopt Ordinance No. 613 of the City Council of the City of Livingston Amending the Livingston Municipal Code Title 4, “Building Regulations,” to Add Chapter 4-7 Establishing a Regional Transportation Impact Fee (RTIF).

    5. Approval of Warrant Register Dated May 1, 2014.

    6. Approval of Warrant Register Dated May 15, 2014.

    DISCUSSION AND POTENTIAL ACTION ITEMS

    7. Introduce and Waive the First Reading of Ordinance No. 616 of the City Council of the City of Livingston Adopting Amendments to Title 4, Chapter 1 of the Livingston Municipal Code Pertaining to the Livingston Building Code, and Ordinance No. 617 Adopting Amendments to Title 7, Chapters 1, 2, 4 and 5 of the Livingston Municipal Code Pertaining to the Livingston Fire Code and Related Changes.

    8. Introduce and Waive the First Reading of Ordinance No. 618 of the City Council of the City of Livingston Amending the Livingston Municipal Code to Repeal Title 9, Chapter 7, Entitled “CATV Franchise” in its Entirety.

    9. Direct City Engineer to Design and Prepare Plans of Scope of Work for Water Line Improvement Project Phase III.

    ADJOURNMENT

    Watering Days, Fireworks Booths, Arsenic, Sand and “Broken” Wells: plus a City Council Agenda

    LIVINGSTON, CALIFORNIA 02/17/2014

    I am going to invoke a little of the Story Teller’s License before discussing my take on Current Events as they relate to Water Related Stuff.

    I’ve developed a theory, which started bubbling up in my brain, ever since the Days-of-the-Recall, that there have been, and still are, two quite distinct factions within our Elected and Appointed Officials .

    One faction has known all along about the growing problems with our Groundwater and Water System. They have been on the council long enough to have had more than a fair few Staff and Consultant’s Reports in their Agenda Packets: they have no excuse whatsoever in my mind for “not knowing”.

    But for Political Reasons they seem to have made it a deliberate practice to ensure that that knowledge and comprehension has not been passed to other Elected/Appointed Officials, and Livingston-Residents-As-A-Whole.

    We’ll call them “Political Can Kickers” because they have been Kicking the Political Can about Water System Problems down the road for quite a while.

    The other faction of Elected/Appointed Officials, which we will call “Water Truthers”, most likely believed everything that the “Political Can Kickers” said about significant repairs and upgrades to Livingston’s Water System being “Unwarranted” and “Unnecessary”, and that any claims about contamination of the Groundwater and problems with the Water System were either Wild Exaggerations, or Figments of the Imagination.

    Which the “Water Truthers” intended to prove once they got into City Hall, “cleaned house” and hired a New City Manager, a New City Attorney, and perhaps a few New Consultants and a few New Engineers, and a New Public Works Director Of-Their-Own-Choosing.

    After which, they could Re-Study Everything and therefore be able to discover, then declare the REAL Truth-About-Our-Drinking-Water: that all claims of Groundwater Contamination and System Problems were either patently false, or wildly overstated, and that the City DIDN’T really need all the expensive Wellhead Treatment Systems and System Repairs it said it did.

    More on that a little later. But first, lets catch up on couple things…

    FERSENIUS WILL BE CLOSING the end of May: which will leave Foster Farms as the only Industrial Water User in the City of Livingston.

    FOSTER FARMS REOPENS AFTER A 10 DAY CLOSURE,  According to a report in the Merced SunStar, the Foster Farms Plant in Livingston reopened on January 22, after a 10 day voluntary closure. According to the article,

    Bill Mattos, president of the California Poultry Federation in Modesto, said the extended closure, originally planned for a few days, came about because of an abundance of caution while workers cleaned the plant thoroughly. “They wanted to be perfectly sure they had zero tolerance,” he said. “So they did it twice instead of one go-round.”

    Most of you reading this are probably well versed in Foster Farms recent struggles with Cockroaches and Salmonella, so I won’t rehash the whole sorry saga here.

    Except to point out that Foster Farms uses around 66% of Livingston’s water. And if there isn’t enough water, Foster Farms cannot Clean and Sanitize the plant or process chicken.

    With that in mind……

    Well 8-9-16ONE OF THE 2 WELLS REPORTED TO BE OFFLINE, at the February 10, 2014 meeting of the Utility Rates Stakeholders Committee is Well #16. This well, which is on the same side of town as Foster Farms, has been shut off since at least 2011 because the Arsenic Filtration Media was used up. The Arsenic concentrations in that well are nearly 3 – 4 TIMES the legal limit, and without the Arsenic Filtration System up and running, the City cannot legally use that well.

    (One of things that should be noted at this point of the discussion,  Well #16, was NOT meant to be used on an everyday basis. It was to be used as a BACK UP well. Because of the High Arsenic levels, and the High Cost of filtering out that Arsenic, Well #16 is hugely expensive to run on a regular basis).

    In Early, 2011, the Utility Rates Stakeholders Committee was established to “come up with ideas” about how to address Livingston’s water issues, and  “work with” the City and the Engineers and the Consultants who were hired to work on projects like this one, and to “make recommendations” to the City Council.

    In October, 2012, the Resolution to Award a Contract to Filtronics, Inc. of Anaheim, California for Goods and Services Provided to Change Out the Arsenic Removal Media for the Well 16 Arsenic Removal Treatment System was approved by the City Council.

    By September 03, 2013, most of the work had been completed and the only steps remaining to bring the well back online were stated to be as follows:

    • Final calibration/adjustment process fine tuning:

    • System Disinfection

    • California Department of Public Health (CDPH) field inspection

    • CDPH approval of Operation Plan and Final Permit to Operate

    During the September 03, 2013 City Council Meeting, there was an intense discussion about whether or not Well #16 really needed “improvements” like a Variable Frequency Drive or Orifice Plates, etc. before being brought back online.

    Flash forward to February 10th, and According to the City’s (New Set Of) Engineers, the only thing really standing in the way of turning that well back on is getting the Well’s new Operations Manual approved by the California Department of Health. However, something DOES really need to be done to slow down the number of gallons the well pumps per minute: especially if the City plans to use the well on More-Than-Just-The-Occasional Basis. A Variable Frequency Drive would be nice: but expensive. Orifice plates would be much less expensive: but wouldn’t work as well.

    NOW THE CITY NEEDS TO SKIP THE BIDDING PROCESS for Repairs and Upgrades to Well #16 altogether because, according to the Staff Report, “There is an urgent need to have Well 16 back on-line in the near future to meet the City’s water demands that will likely increase in the Spring and Summer.” Part of the reason this has become So Urgent Urgent Now is because

    Well 8-9ALSO ON THE FOSTER FARMS SIDE OF TOWN, and reported to the Utility Rates Stakeholders committee as having been shut down for repairs, is Well #9. This well was taken offline for repairs, after reports by Foster Farms, and testing done by the City, revealed a problem with sand infiltrating the well. 

    According to the City Manager and Engineers, it could take anywhere from about a week to a month to “redevelop” the well and bring it back online.

    Well 13According to the Findings in the Council Resolution, another reason given fixing up Well #16 is so Urgent is that “There is an urgent need to bring Well 16 in production to enable the City to move forward with the installation of wellhead treatment facilities at Well 13, which will require Well 13 to be off line for some time.”

    According to the report by Kennedy Jenks, Well #13 (at Joseph Gallo Park) had been inactive, but was reactivated in early 2013. Which in my mind implies, that Livingston is getting pretty desperate for water.

    AND THERE IS ONE MORE WELL ON THE FOSTER FARMS SIDE OF TOWN, that will need to shut off a while for scheduled “upgrades”: Well #8. This is the first well in Livingston scheduled to have a Filtration System for TCP installed. Back in 2004, the City began tracking the levels of TCP in Livingston’s water.

    In 2005, the City sued Dow Chemical Corp about the TCP Contamination.

    2006 Memorandum Of Understanding Foster Farms and Livingston croppedIn 2006, the City of Livingston and Foster Farms entered into a Memorandum of Understanding in which Foster Farms would lend Livingston the money needed to get the Well #8 TCP Filtration Project moving along. In 2011, the City received a settlement from Dow Chemical: and I guess you could say the City no longer had the need to borrow the money from Foster Farms for that particular project.

    In late 2011 the City Council awarded a Professional Engineering Services Contract for Water Treatment at the City Water Supply Well No. 8 (for TCP) to AECOM 

    In May, 2013, that contract was amended for Additional Design and Construction Support Services for the 1,2,3 Trichloropropane (TCP) Treatment at the City Water Supply Well No. 8

    The City Council also approved a Resolution Authorizing the Purchase of Land Needed for the Installation of Water Treatment Facilities at the City Water Supply Well No. 8, Approval of the Appraisal Report Prepared by The Thomas Wilkins Company and Authorizing the City Manager to execute the Agreement with Foster Farms for the Purchase of the Land. in May, 2013.

    In October, 2013 the City Council approved a Resolution Awarding Construction Contract to Conco West, Inc. of Manteca, CA; Approving the Expenditure of Construction Funds for the Well No. 8 Wellhead Treatment System and Authorizing the City Manager to Execute a Construction Contract and Any Change Orders Thereto with Conco West, Inc.

    Although Well #8  is currently up and running, it is expected to be shut down sometime from May – July for construction.

    Now Livingston is in the position of needing to do repairs and upgrades on multiple wells: the trick being to not to end up with multiple wells down at the same time and/or not have any at all down during the Summer: when water usage is at it’s highest.

    Sooooo, let’s meander back to where we started about “Political Can Kickers”, “Water Truthers” and how that relates to the mess the City of Livingston is clearly in now.

    And did I mention this is a drought year?

    But I digress….

    Back in 2007-2008 the Rate Study done by Dan Bergman talked about groundwater contamination, 6 wells needing treatment and the need for more capacity and storage etc.

    In 2009 – 2010 a New Rate Study done by Raftelis Financial Consultants talked about: Pipeline Removal and Replacement, Wellhead Filtering at Wells 8, 16, 12, and 14; a New Supply Well #17, etc.

    Not to mention the May 2009 Enforcement Letter for Violating the Secondary Maximum Contaminant Level for Manganese at Well #15 (which is by Starbucks) by the California Department of Public Health

    But during the Days of the Run Up to the Recall over Water Rates, the Can Kickers and the Water Truthers joined forces and all reasonable discussions about Livingston’s Water System went to Hell in a Hand Basket.

    And while the Post Recall Council started “cleaning house” and hiring Staff Of Their Own Choosing, the California Department of Health sent even more documentation which pointed out even more problems.

    Like the California Department of Health Sept. 2010 Letter on Water System Funding 

    And The California Department of Health: City of Livingston 2011 Water System Inspection Report 

    After the General Election of 2012, the “bad news” just kept coming in reports like:

    The California Department of Health: City of Livingston 2013 Water System Inspection Report 

    Followed by the California Department of Health – Compliance Order For Violation of the Arsenic Maximum Contaminant Level: May 16, 2013

    And it wasn’t just the California Department of Health saying there were problems. The New Staff/Consultants the New Council hired were saying pretty much the same thing. For example:

    In July, 2013, the  Feasibility Analysis For A Sustainable Water Treatment Strategy–Kennedy Jenks Consultants was released: Which basically stated that, yep, we have problems, big problems, and the longer we go the bigger they get.

    So now, I believe the Can Kicking Days are coming to a close, and the painful truth of the matter is, unless the City can pull off some kind of miracle and get the State to bail us out somehow, we are going to end up in a world of hurt.

    Now that it is an Election Year, I only hope we end up with a group of Open Minded and Informed Realists on the Council who can guide Livingston through the days to come.

    Resolution 2011-32 Includes Complete CommitteeBTW – SINCE WE TOUCHED ON THE SUBJECT OF WELLS ON THE FOSTER FARMS SIDE OF TOWN, something has been puzzling me for quite a while. Way back when the Utility Rates Stakeholders Committee was established, Foster Farms was “given a seat at the table” to represent the Industrial Class of Water Users: you can see for yourself how one of their VP’s was actually named on the Council Resolution.

    I’ve been to practically every single meeting since that Committee was set up, and I can tell you that attendance by anyone from Foster Farms has been spotty at best over the last few months.

    And I just can’t help but wonder why…I’ve heard there have been some “staffing changes” lately. But so far, no “Official Announcements”.

    Watering RestrictionsWATERING DAYS ARE BACK!  At the January 21 City Council Meeting, the Council voted 4-0 to reinstate Mandatory Watering days in Livingston. According to the Municipal Code, the restrictions will be as follows.

    9-5-712 (C) Water Restrictions.

    • When directed by the City Council, the following outside watering restrictions apply to residential, commercial and industrial customers of the City of Livingston:

      • 1. All house numbers ending with an even number may water on Sunday, Tuesday, and Friday.

      • 2. All house numbers ending with an odd number may water on Monday, Thursday, and Saturday.

      • 3. No outside watering on Wednesday.

      • 4. The washing of vehicles will be allowed on the designated watering day and on weekends (Saturdays and Sundays), regardless of house numbers, as long as a quick-acting positive shut-off nozzle is used.

    • (D) Enforcement.

      • It shall be the duty of the Police, Fire and all other departments and employees to give vigilant aid to the Public Works Department in the enforcement of the provisions of this chapter. (Ord. 576, 12-16-08)

    To give Livingston’s residents time to adjust to the newly reestablished watering restrictions, the Council voted to give residents two “warnings”, before imposing fines as follows:

    • $25 (after those first two “reminder” warnings)

    • $50 the next time

    • $100 each time thereafter 

    The flier above states that “water conservationists are patrolling the City”, looking for violations of the Watering Restrictions.

    Amendments to the Fireworks Ordinance CroppedPUBLIC HEARING ALERT! COUNCIL TO GIVE YOUTH FOOTBAL the right to a Fireworks Booth Permit for (2) years to ….At the 01/21/2014 City Council Meeting, the City Council voted 4/0 to direct staff to bring back an Ordinance which would eliminate the current Booth Permit Rotation list; assign (1) Booth Permit to the City which would be assigned to either the Recreation Department or other City Wide Non-Profit Organization, give the City Council to award  (1) Booth Permit to the Organization of it’s choosing; and assign the remaining (3) Booth Permits by Random Lottery.

    Also included in the Directions to Staff was to include language that would allow the City Council the ability to award the “Council’s Choice” to the Livingston Youth Football Organization for (2) consecutive years.

    According to Youth Football Coach and City Council member Jim Soria, he had placed the Item on the January 21, City Council Agenda: partly in memory of Mike Coronado.  According to Council Member Soria, the recent death of Mike Coronado created a Special Circumstance which justified giving Youth Football priority other non-profit organizations.

    Council Member Soria stated “One of the reasons I put this on is, a few months ago or I’m not sure when it was, we had a few fireworks booths grandfathered in. Youth Football wasn’t selected. I just want, being part coach, I volunteer as a coach and I see that the financial impact – that financial impact that it helps – in helping the Youth football and the kids. That’s what I’m about: about the kids.” 

    During that night’s discussion, Mayor Pro-Temp Samra said – …The best thing to do is have everything in front of us. Its nice and clean and everybody knows what we’re talking about and what we’re voting on…you want to vote on that’s fine. I don’t have any objections either way. But I think it would be cleaner if it was like written down so everybody knows what to do. My suggestion is to direct staff to bring to the Council at their earliest convenience as quickly as possible.

    Mayor Espinoza stated — “I know that, the High School has had probably the majority of the booths all the time every year. And in memory of Mike Coronado, we think it’s a great thing to do.” and that

    “I know we have it tough because if we give you guys priority we’re gonna get ridiculed and criticized by other organizations. But I know the High School has had it for a lot of programs: they had the majority of the years. So, but this is a good memory – of Mike Coronado’s memory – its still for our youth in Livingston so I’m all supportive. Two years – I agree to two years. So hopefully, later on in the future, what ever Council is here, they can decide that. But hopefully, to help out, right now this youth. With the other rotations – we’ll have to deal with that.”

    Council Member Sacairos said — Like the Mayor said – we might get criticized. But, you know what, when I was growing up I had to go to Winton to play for the Cowboys because there was no program for here and I wish there was here and it was not cheap. So that’s what I have.

    The City Attorney said —It’s just a rotation list. There is nothing currently in our Code that allows for this (grandfathering in any particular organization). The Code needs to be amended… But the direction helps a lot. That way it can be drafted a certain way. Seeing that this is an Ordinance, having the direction to put something General in there as far as the City Council selection helps because then by Resolution or Motion, then you could decide who gets that booth.

    If you would like to read the entire discussion that took place that evening: Click Here 

    And now on to the..

    CONCURRENT MEETING OF THE CITY

    COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE

    CITY OF LIVINGSTON

    REGULAR MEETING AGENDA

    FEBRUARY 18, 2014

    CLOSED SESSION: 6:00 P.M.

    OPEN SESSION: 7:00 P.M.

    Notice is hereby given that the City Council and Successor Agency to the Redevelopment Agency of the City of Livingston will hold a Regular Meeting on February 18, 2014, at the City Council Chambers, 1416 C Street, Livingston, California. Persons with disabilities who may need assistance should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection at Livingston City Hall, 1416 C Street. The Open Session will begin at 7:00 p.m. The Closed Session will be held in accordance with state law prior to the Open Session beginning at 6:00 p.m. The Closed Session will be held at the City Council Chambers located at 1416 C Street. The agenda shall be as follows:

    Closed Session

    1. Call to Order.

    2. Roll Call

    CLOSED SESSION

    A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 1416 C Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 1416 C Street, Livingston, California.

    3. Successor Agency

    Conference with Legal Counsel – Existing Litigation

    [Government Code Section 54956.9(d)(1)]

    City of Livingston and Successor Agency to the Livingston

    Community Redevelopment Agency v. Ana Matosantos, et al

    Superior Court of the State of California – County of Sacramento

    Case No. 34-2013-80001460

    4. Conference with Legal Counsel – Potential Litigation

    [(Government Code Section 54956.9(d)(2)]

    Number of Cases: 2

    5. Conference with Labor Negotiator

    (Government Code Section 54957.6)

    Labor Negotiator: City Manager Jose Antonio Ramirez

    Employee Organizations: All Represented City Employees

    Regular Meeting

    CALL TO ORDER

    Roll Call. Next Resolution No. 2014-4

    Next Ordinance No. 611

    Pledge of Allegiance. Next Successor Agency

    Resolution No. 2014-1

    Closed Session Announcements

    Changes to the Agenda.

    ANNOUNCEMENTS AND REPORTS

    Supervisor John Pedrozo Announcements and Reports.

    City Staff Announcements and Reports.

    City Manager Announcements and Reports.

    City Council Members’ Announcements and Reports.

    Mayor’s Announcements and Reports.

    PUBLIC HEARINGS

    1. Resolution Conditionally Approving Site Plan/Design Review 2013-04 for the Proposed Motel 6 Project, a 75-Room, 3-Story Motel on a 2.43 Acre Parcel Located at 110 N. Del Rio Avenue.

    2. Ordinance of the City Council of the City of Livingston Amending Title 7, Chapter 4 of the Livingston Municipal Code Pertaining to Fireworks and the Issuing of Permits.

    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 Supporting and Implementing AB 1012 “Timely Use of Funding”.

    4. Resolution Authorizing Award of Contract/Purchase Order to Sequoia Equipment Co., Inc., Fresno, California for the Purchase of One (1) Tier 4 Title 23 Backhoe Purchase.

    5. Resolution Approving Amendment No. 1 to the Contract Agreement Between the City of Livingston and HDL Coren & Cone to Continue Providing Support Services in Property Tax Areas and Authorizing the City Manager to Execute a Three Year Service Contract Extension.

    6. Waive the Second Reading and Adopt Ordinance No. 610 of the City Council of the City of Livingston, Amending Livingston Municipal Code Sections 1-18-11 (A), 4-6-3, 4-2-8-2 (A)(3), 4-2-8-2(A)(4), 8-2-1, and Zoning Ordinance Sections 5-3-16 (Table 7), 5-5-8 (E)(Table 12), and 5-4-7 (C).

    7. Approval of Minutes of Meeting Held on February 4, 2014.

    8. Approval of Warrant Register Dated February 13, 2014.

    “CONSENT CALENDAR – SUCCESSOR AGENCY”

    9. Resolution of the Successor Agency to the Redevelopment Agency of the City of Livingston Approving the Recognized Obligation Payment Schedule (ROPS 14-15A) Pursuant to Health and Safety Code Section 34177 for Period July Through December 31, 2014.

    DISCUSSION AND POTENTIAL ACTION ITEMS

    10. Resolution Approving an Agreement with Shannon Pump for Sampling and Repairs to Well 16, Making Findings Supporting that Award of Such Agreement is Exempt from Competitive Bidding Requirements and Authorizing the City Manager to Execute the Agreement.

    ADJOURNMENT

    A Compliance Order for Arsenic, A Few Maps of Wells with Issues, and a City Council Agenda.

    …I think…the community deserves to be informed… every city around the valley has this issue with wells and we’re no different than that. And, of course, we’re trying to address all these issues with the stakeholders and the future water rates we’re gonna be addressing, and doing wellhead treatments on all the wells…But, of course, this information was already sent out to the public as to the compliance issue: the wells, with the water…I know that the city manager will do the best that he can to address those issues. Mayor Rodrigo Espinoza. Excerpted from June 04, 2013 City Council Meeting.

    At the end of May, 2013, notices that the City of Livingston had exceeded the Maximum Contaminant Level for Arsenic allowed by law, was sent out with the Water Bills. More on this a little later. But First.

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    There’s Strange and then there is Army Strange. Courtesy of Damon Shackelford and crew: furious scribblers of military cartoons

    Downtown Revitalization

    ConsttructionBUILDING MATERIALS SALE…..The Livingston-Delhi Veterans of Foreign Wars Post 8327 will be holding a huge Building Materials Sale at the Veterans Memorial Hall, located at 9799 Stephens Street, Delhi California.

    All new merchandise, priced twenty five cents on the dollar. We have electrical, plumbing, lawn & garden, flooring, windows, bathtubs, doors and many other items, too numerous to mention.

    Thursday, June 20th through Saturday June 22nd. We will open at 9am and close at 5pm.

    All Sales are Final with no Warranties. Contractors Welcome.

    We accept cash or checks only, no Credit Cards.

    All proceeds will go to the California Veterans Service Program. For more information call Denis Wells at 209-394-2059 or visit our website at www.vfwlivingston.com.

    Livingston 4th of July 2013 Merry Go RoundFROM THE LIVINGSTON 4th OF JULY COMMITTEE…CARNIVAL TICKETS ARE IN! This year we have the UNLIMITED RIDES wristband for ONLY $20. We have limited quantities and it will only be sold in advance. You can also purchase tickets at 20 Tickets for $10 that is 50% off in advance at Livingston City Hall, Flicks n Licks in Livingston and Delhi, and Freeway Insurance in Atwater at Savemart Shopping Center

    Livingston 4th of July 2013

    Water Bill Insert Page 1IN LATE MAY, 2013 A WARNING NOTICE ABOUT ARSENIC was included along with Livingston Residents “Water Bill”. At the June 03, 2013 Meeting of the “Water – Garbage – Sewer Rate” Committee Meeting, Public Works Director Humberto Molina explained…

    Well 13“Well #13 was out of com-mission for several years for different reasons…We brought it back online recently in April and unfortunately it came up with some high numbers for Arsenic. After looking back at the history of that well it actually has had problems going back to 2009..one of our sample results was 12.9 and the other was 11.9: which puts us over the top. We can’t exceed 10.”

    “Even if we got a sample below 10 for the next 3 quarters, there’s no way we’re going to get below 10…We’re going to have to look at what we’re going to do about the well. Eventually, if it keeps going like this, than there’s probably a different order that’s going to be coming down.”

    At the June 04, City of Livingston City Council Meeting, City Manager Jose Ramirez provided some additional details about the Compliance Order, and other issues affecting Livingston’s Groundwater and Water System.

    “We did in fact get a Compliance Order by the California Department of Public Health. and in there was about 20 items they specifically wanted us to respond (to)..the major areas (were):”

    “1) They wanted to make sure we had a 5 year Capital Improvement Plan in place to how to address our water capacity and water quality.”

    “2) The Specifically said that they wanted the City to enact a Water Conservation Program. which the City already has, under a specific Ordinance. But in order to enact it..Council has to pass a Resolution in order to do that.”

    “Council is briefed on that and we’re going to be working on that. As part of that..we believe in education and as we have done education..when we did the Solid Waste (and) on the Animal Control Issue and other issues, we want to continue to do education pieces for the Water.”

    “The other item in there specifically talked about the Tank. We have a Tank that’s over 20+ years (old). It has some corrosion issues. And so we are looking at addressing that with Cathodic Protection.”

    “The other ones are basically addressing some of the well (testing) frequencies…the EPA changed the well (testing) frequencies (for DBCP). It used to be every three years. Now it is every 3 months. That increases the cost for the City expenses…..”

    Well 9 - 14(Note from The Gardening Snail: That means Well #14 is now being tested every 3 months to monitor DBCP levels. Well #9 is being monitored on a monthly basis for DBCP according to the California Department of Health Inspection Report . DBCP has been detected in wells #9 and #14.

    DBCP was not detected in Wells Nos. 8, 11B, and 12)

    Well 15“Well #15…is about 9.9 (Parts per Billion for Arsenic) so we’re just 1/10 away from going over the MCL Limit: the Maximum Contaminant Level.”

    “Well #13…We have already initiated to get some quotes…because its very similar to Well #16, which is Arsenic. It costs about $200,000 to do just the Media..on that one.”

    “We need those wells for production purposes. The California Department of Public Health is actually working with us so that well doesn’t get shut off…back in 2008, the Parts Per Billion for Arsenic was 15 and they changed it from 15 Parts Per Billion to 10 Parts Per Billion.”

    “Working with the California Department of Health, we’re going to be able to address the treatment and at the same time bring in another well which we’re working on: Well #17. So, that we have enough capacity. If we have issues on one well we can turn to another well and have a safety factor in there…”

    Well 8“Well #8 (TCP Treatment) is 100% design already. That’s already moved forward.”

    Well 16“Well #16 (Arsenic Treatment) is moving forward. So, right now we’re jumping on Well #13.”

    “These are all costs that we’re analyzing…. We’re going to break (these costs) into Short Term, Mid Term, and Long Term… because we understand that our community cannot absorb the bull breadth of all these things all at once.”

    “The other thing we’re doing is, we’ve been updating the community on is we continue to look for grant opportunities…We submitted (one) for Well #17. We’re looking at the National Water Rural Association (and) the IRWM”.

    “As we start addressing all these things, things are going to get a lot more clearer for us: because the moment you address the Deficit Reduction and you have a 1.25 coverage that will allow us to apply for grants: also low interest loans that will help us tackle these issues.”

    SO DEFICIT REDUCTION WOULD ALLOW the City to apply for Grants and Low Interest Loans? A discussion about Deficit Reduction could make for some very interesting Politics at the next next round of Proposition 218 Hearings on Water Rate Increases.

    Page 15Those of you who have been following Livingston’s Water Woes since before the Dan Bergmann Study of 2008, recall that some Members of the City Council have been adamant that either Deficit Reduction NOT be included in any Rate Increases, or they insisted there was no such thing as a Deficit in the Water Enterprise Fund.

    Including Deficit Reduction as a component of any future Rate Increase would mean at least 1, if not 2, Council Member will need to change their minds about Deficits.

    And given that the Current Council has gone on the record as intending to pass any Future Water Rate Increases by at least a 4-1 vote, this could make for some “interesting” politics indeed.

    And now on to the

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    CITY COUNCIL REGULAR MEETING AGENDA

    JUNE 18, 2013

    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 June 18, 2013, at the City Council Chambers, 1416 C Street, Livingston, California. Persons with disabilities who may need assistance should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection at Livingston City Hall, 1416 C Street. The Open Session will begin at 7:00 p.m. The Closed Session will be held in accordance with state law prior to the Open Session beginning at 6:00 p.m. The Closed Session will be held at the City Council Chambers located at 1416 C Street. The agenda shall be as follows

    Closed Session

    1. Call to Order.

    2. Roll Call.

    CLOSED SESSION

    A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 1416 C Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 1416 C Street, Livingston, California.

    3. Conference with Legal Counsel – Potential Litigation

    [(Government Code Section 54956.9(d)(2)]

    Number of Cases: 2

    4. Conference with Labor Negotiator

    (Government Code Section 54957.6)

    Labor Negotiator: City Manager Jose Antonio Ramirez

    Employee Organizations: All Represented City Employees

    Regular Meeting

    CALL TO ORDER Next Resolution Number: 2013-24

    Next Ordinance Number: 606

    Pledge of Allegiance.

    Roll Call.

    Closed Session Announcements.

    Changes to the Agenda.

    AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

    1. Presentation by Council Member David Mendoza and Planning Commissioner Mario Mendoza, City Council Certificate of Appreciation to Brian Johnsons, Vice President/Chief Pilot of the Sierra Academy of Aeronautics for the Academy’s donation of a bus to the Livingston High School Band Boosters.

    2. Presentation by Superintendent Steve Gomes, Merced County Office of Education, Report on Merced County Education.

    3. Presentation by David Heyer, Program Manager, Merced County Department of Workforce Investment, Enterprise Zones/Targeted Employment Area.

    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

    4. Resolution Conditionally Approving Site Plan/Design Review 2013-1 for the Proposed Motel 6 Project, a 75-Room, 3-Story Motel on a 1.05-Acre Parcel Located at 309 Joseph Gallo Drive.

    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. Proceedings Under the Mello-Roos Community Facilities Act of 1982, Government Code Section 53311, Et. Seq., Approving the Formation of City of Livingston Community Facilities District No. 2013-1 (Livingston Family Apartments), Declaring the City’s Intention to Levy and Collect Special Taxes for Fiscal Year 2013/2014.

    6. Proceedings Under the Landscape and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code, Et. Seq., for the Approval to Form Landscaping and Lighting Maintenance District No. 2013-1 (Livingston Family Apartments), Declaring the City’s Intention to Levy and Collect Assessments for Fiscal Year 2013/2014, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing.

    7. Proceedings Under the Benefit Assessment Act of 1982, Government Code Section 54703, Et. Seq., Approving the Formation of City of Livingston Benefit Assessment District No. 2013-1 (Livingston Family Apartments), Declaring the City’s Intention to Levy and Collect Assessments for Fiscal Year 2013/2014, Approval of the Engineer’s Report and Setting a Time and Place for a Public Hearing.

    8. City Council Authorization to Purchase New Ballasts and Associated Labor to Retrofit the Police Department Lighting Fixtures.

    9. Approval of Minutes of Regular Meeting of May 21, 2013.

    DISCUSSION AND POTENTIAL ACTION ITEMS

    10. Resolution Amending the Merced County Regional Enterprise Zone Targeted Employment Area (TEA).

    11. Speed Bumps Discussion.

    ADJOURNMENT

    A Blistering Tank, A Concern About Water Rates, A State Inspection Report, and a Planning Commission Agenda

    LIVINGSTON CA / May 13, 2013 —

    It appears that the City may not have enough staff under the Water Division to keep up with the operation of the system. The Water Division currently employs 3 certified operators who are responsible for all of the operation and maintenance of the well sites, investigating customer complaints , and providing any repairs to the system.

    Well No. 16 has been offline since September 2011 because the media in the arsenic removal treatment system has been exhausted .

    Well No. 13 is also offline due to arsenic at elevated levels but below the MCL. The City is currently flushing the well to waste and collecting a bacteriological cycle test and hopes to bring the well online by mid-April if the cycle test results are coliform negative.

    • The interior coating (walls, floor , and interior support column) is in overall poor condition. There is a large amount of blistering, cracking, and pinholes in the coating. It is recommended to blast and recoat the interior of the tank .

    The Department notified the City in an email dated March 15, 2013, of … deficiencies and requested that the City provide…:

    • A plan and time schedule for bringing Wells Nos. 13 and 16 back online by April 5, 2013.

    • A plan and time schedule for increasing the City’s source capacity by April 5, 2013.

    • Provide monthly water consumption data for Foster Farms Processing Plant.

    A Few Excerpts from the California Department of Health: City of Livingston 2013 Water System Inspection Report

    So…there might not be enough staff to run the Water System, we’ve had not one, but TWO wells taken off-line for a time due to “Arsenic Issues” And the The State of  California Department of Public Health wants the City of Livingston to give an accounting of how much water Foster Farms uses each month.

    Interesting.

    The latest Water System Inspection report is just chalk full of “deficiencies” that the State wants the City to address.

    More on that a little later. But First.

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    Yep…There’s Strange and then there is Army Strange. Courtesy of Damon Shackelford: furious scribbler of military cartoons.

    WITH APOLIGIES TO THE HOUSE THAT JACK BUILT

    IMAG0404

    This is a Corner of B Street.

    IMAG0405

    This is the Building

    That housed a Club

    and sits on a Corner of B Street.

    IMAG0436

    This is the Land

    Which was Owned by the City

    Where once was a Park

    and a small Parking Lot

    Which was counted as parking

    For use by the people

    who went to the Club

    That was housed in the Building

    that sits on a Corner of B Street.

    IMAG0435

    This is the Pharmacy

    That Bought the Land

    Which was Owned by the City

    Where once was a Park

    and a small Parking Lot

    Which was counted as parking

    For use by the people

    who went to the Club

    That was housed in the Building

    that sits on a Corner of B Street.

    Appeal - 444 Main Street CUP Page 5-2

    These are the Changes

    That were made to the Permit

    That belonged to the Building

    Across from the Pharmacy

    That now owns the Land

    Once Owned by the City

    Where once was a Park

    and a small Parking Lot

    That had counted as parking

    For use by the people

    who went to the Club

    That was housed in the Building

    that sits on a Corner of B Street.

    Appeal Page 6 - 1

    This is the Appeal

    Of the Changes That were made

    to the Permit That belonged

    To the Building Across

    From the Pharmacy which owns

    The Land purchased from the City

    Where once was a Park

    and a small Parking Lot

    That had counted as parking

    For use by the people

    who went to the Club

    That was housed in the Building

    that sits on a Corner of B Street.

    Mayor Espinoza

    This is the Mayor

    (Who was in favor of the Changes

    Before voting against them)

    And Who filed the Appeal

    of Changes That were made

    to the Permit That belonged

    To the Building now Across

    From the Pharmacy which owns

    The Land purchased from the City

    Where once was a Park

    and a small Parking Lot

    That had counted as parking

    For use by the people

    who went to the Club

    That was housed in the Building

    that sits on a Corner of B Street.

    City Council 2010 - 2012

    This is the Council

    That conducted the Hearings

    Along with the Mayor

    (Who had first been favor

    of the Changes to the Permit

    Before voting against them)

    Who had filed the Appeal

    Of the Changes  That were made

    to the Permit That belonged

    To the Building Across

    From the Pharmacy which owns

    The Land purchased from the City

    Where once was a Park

    and a small Parking Lot

    That had counted as parking

    For use by the people

    who went to the Club

    That was housed in the Building

    that sits on a Corner of B Street.

    Revoking The Cup for 444 Main

    This is the Decision

    To Revoke the Permit

    As was made by the Council

    That conducted the Hearings

    Along with the Mayor

    (Who had first been favor

    of the Changes to the Permit

    Before voting against them)

    Who had filed the Appeal

    Of the Changes  That were made

    to the Permit That belonged

    To the Building Across

    From the Pharmacy which owns

    The Land purchased from the City

    Where once was a Park

    and a small Parking Lot

    That had counted as parking

    For use by the people

    who went to the Club

    That was housed in the Building

    that sits on a Corner of B Street.

     Not Enough Parking

    This is the Issue

    Emphasized as the Reason

    For making the Decision

    To Revoke the Permit

    That was made by the Council

    That conducted the Hearings

    Along with the Mayor

    (Who had first been favor

    of the Changes to the Permit

    Before voting against them)

    Who had filed the Appeal

    Of the Changes  That were made

    to the Permit That belonged

    To the Building Across

    From the Pharmacy which owns

    The Land purchased from the City

    Where once was a Park

    and a small Parking Lot

    That had counted as parking

    For use by the people

    who went to the Club

    That was housed in the Building

    that sits on a Corner of B Street.

    Round and Round and Round we go..where it all stops…nobody knows

    (And if you doubt “parking” was the main reason/excuse/whatever given for The Council’s Revocation of that Conditional Use Permit, just click on over to the APRIL o3, 2012 Draft Minutes. Then do a search on the word “parking”.)

    THE WATER SYSTEM INSPECTION RLivingston Water Storage TankEPORT By the California Department of Health is now available. And although the overall condition of the system is described as “good”, there were 20 items the California Department of Health stated “required action”.

    Item #20 on the “required action” states as follows:

    “The City must provide a plan and timeline for addressing the recommendations in the 2013 tank inspection report by April 30, 2013”

    According to the Inspection Report

    The City has a 1.0 MG welded steel storage tank in the southeast section of the City that was built in 1999…. primarily filled by Well No. 12 …(and) last inspected in January 2013 by Liquid Engineering Corporation.

    This inspection found that

    • The interior coating (walls, floor , and interior support column) is in overall poor condition. There is a large amount of blistering, cracking, and pinholes in the coating. It is recommended to blast and recoat the interior of the tank .

    To which the Department of Health responded by stating in it’s Report:

    The Department reviewed the tank inspection on March 21. 2013 . In an email to the City, dated March 21. 2013. the Department requested that the City provide a plan and timeline for addressing the inspection items by April 15. 2013.

    Repairs like these don’t come cheap. At the most recent Utility Rate Stakeholders Committee Meeting, Public Works Director Humberto Molina explained it this way:

    • Costs range from (on the low end) $60,000 to (on the high end) a quarter million dollars: depending on the damage.

    • This project doesn’t seem to be in the quarter million range, but it’s probably not in the lower end either: it’s somewhere in the middle.

    ABOUT LIVINGSTON’S WATER RATES the State Said.

    It was also noted during the inspection that the City’s water rates are not sufficient. The City currently charges residential customers $9.90 per 47 hcf (hundred cubic feet) with no penalty fee for exceeding that amount. The City charges even less ($8.70 per 47 hcf) for commercial customers and $0.30 per 1,000 gallons for exceeding the 47 hcf.

    In a letter dated September 15, 2010 , the Department expressed concern to the City about having sufficient water rates to generate enough revenue to cover all of the water system’s expenses including operation, maintenance and capital improvements.

    To read the complete report from the State of California Department of Health: you can CLICK HERE

    And now on to the

    LIVINGSTON PLANNING COMMISSION REGULAR MEETING AGENDA

    TUESDAY, MAY 14 ,2013

    7:00P.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: 7:00PM

    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 Meeting Minutes from the March 12, 2013, Planning Commission Regular Meeting.

    Item No.2- Election of Officers

    a. Election of New Chair and Vice-Chair for 2013.

    Item No.3- Public Comment

    a. 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. 4- Public Hearing

    a. Conditional Use Permit 2013-01. Fabian Maldonado has applied for a Conditional Use Permit to cultivate sweet potatoes on a 5.62-acre parcel located on the north side of F Street, between the northerly extension of Winton Parkway and Livingston Middle School on property zoned R-1, Low Density Residential (APN: 022-010-018).

    b. Conditional Use Permit 2013-02. Zeke Nelson has applied for a Conditional Use Permit to operate a 100-person capacity church use in the Downtown Commercial Zoning District (DTC) at 1471 B Street, Suite A in the Liberty Market shopping center at the former movie rental store (APN: 024-132-011).

    c. Conditional Use Permit 2013-03. Carlos Vieira has applied for a Conditional Use Permit to operate a private, non-profit, youth boxing sports club for up to 30 youth (ages 10 through 18) at 444 Main Street, Livingston on property zoned Downtown Commercial (DTC), APN 024-114-008.

    d. Site Plan/Design Review 2013-01. Motel 6 has applied for a Site Plan/Design Review application to develop a 75-room, 3-story motel on a 1.04 -acre parcel located at 309 Joseph Gallo Drive, Livingston, generally located on the north side of Joseph Gallo Drive, west of Winton Parkway on property zoned Highway Service Commercial (C-3), APN 022-020-001.

    Item No.5- Reports

    a. Planning Commission

    b. City Staff

    Item No. 6- Adjournment to regular meeting on June 11, 2013.

    In compliance with the Americans with Disabilities Act, if yon 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.

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