Contributors to Badlands sent “Merced Development Rodeo: Ranchwood Event,” March 10, 2006, to a number of individuals, one of whom was Bobby Lewis, the recently hired county planning director who arrived from Nevada without a resume available to the public.
Lewis replied to the article:
----- Original Message ----- From: "Robert Lewis"
To:
Sent: Saturday, March 11, 2006 5:06 AM
Subject: Re: BadlandsJournal -Merced's Development Rodeo
Ranchwood homes was issued a stop work order. Based on findings ...
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We decided to search for evidence of the stop-work order and the findings. The search took us back a couple of years.
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Feb. 3, 2004:
MERCED COUNTY BOARD OF SUPERVISORS AGENDA
http://www.co.merced.ca.us/bos/boardagenda/current.pdf
10:30 A. M.
PLANNING - PUBLIC HEARING
Appeal of Planning Commission approval to approve Major Subdivision Application No. 03001- McPherson Subdivision submitted by Bryant Owens. Application submitted by Ranchwood Contractors to subdivide two parcels totaling 19.0 acres into 96 residential building lots on property located on the south side of Savanna Road and 580 feet west of Santa Fe Avenue in the Le Grand area.
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Feb. 4, 2004:
http://www.mercedsun-star.com/news/newsview.asp?c=93758 Supervisors: Le Grand development may proceed…Ranchwood Homes
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Feb. 28, 2004:
http://www.modbee.com/2004/election/merced/supervisors/story/8190479p-9040645c.html 2-25-04
Candidate’s poll raises questions about support
Lee Neves says it was an innocent mistake when he attributed an $8,500 polling expense to a political action committee instead of local developers…six contributors: Bert A. Crane Jr., a Merced farmer and rancher; Rucker Construction of Merced; Ranchwood Homes of Los Banos; Trans County Title of Merced; Maxwell Enterprises of Merced, a construction and development company; and James Abatte of Merced, who owns a number of fast food franchises in the county.
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July 22, 2004:
http://www.mercedsun-star.com/local/story/8882627p-9772671c.html …Melanie Turner…Donation brings UC gym bit closer…
University of California, Merced, got off to a strong start with a
$500,000 donation from Greg and Cathie Hostetler, Los Banos developers of Ranchwood Homes for a gymnasium, featuring a NCAA regulation-size basketball court and seating for 480. The university plans to fund the recreation center in large part with a loan from the UC office of the president, which would be paid back in student fees, Wyan said. Gymnasiums, dormitories, dining halls and other nonacademic facilities cannot be financed with state money, Wyan said. Campbell said there likely will be intramural sports in the 2005-06 school year, as well as sailing and other water sports at nearby Lake Yosemite.
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Dec. 8, 2004:
http://www.mercedsun-star.com/local/story/9564250p-10454279c.html …Adam Ashton…Developer gets tacit OK for sewer pipe…
LIVINGSTON — Projections for growth on the city’s outskirts look so good that one developer is ready to build a sewer connection for a project that won’t
take shape for several years. Ranchwood Homes asked the City Council if it could move ahead with plans to build a nearly one-mile sewer extension south of Livingston for a planned 300-home development that is still in its concept stages. Council says it’s his risk if homes don’t win approval.
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Dec. 21, 2004:
Some sections from:
Agreement to design, construct and dedicate section of sewer pipeline by and between City of Livingston and Ranchwood Homes Corp.
… WHEREAS, City needs to add a pipeline section … to the System outside the City’s current boundaries to serve the City; and
WHEREAS, City has determined the New Section project is categorically exempt under the California Environmental Quality Act; and
WHEREAS, City does not currently have the financial resources to design, acquire rights of way and construct the new Section; and
WHEREAS, Ranchwood is willing to incur all of the costs to design, acquire the rights of way and construct the New Section then dedicate it to the City …
1. Ranchwood will use its reasonable best efforts to acquire, at Ranchwood’s expense, the necessary temporary construction and permanent utility rights-of-way necessary for the construction, operation and maintenance of the New Section and related pipelines and facilities, which may be required in the future. In the event Ranchwood is unable to acquire these rights-of-way, City may take the appropriate and necessary steps to acquire the rights-of-way …
3. Ranchwood agrees to defend, indemnify, and hold the City or its agents, officers and employees harmless from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, an approval of the City concerning this Agreement and/or the New Section, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California.
4. (Same language as above except) “prior to acceptance of the New Section to the City.”
5. Ranchwood agrees to dedicate the new Section to the City upon completion of the New Section and acceptance as complete of the New Section by the City’s public works director. Acceptance shall be timed to when connection to City System occurs.
6. City agrees to establish and maintain a mechanism to collect funds from new development, if any, which might be served by the new Section, to reimburse Ranchwood in full for the costs and expenses incurred by Ranchwood under the terms and conditions of this Agreement … so that all new development, if any, served by the new Section pays its pro rata share of the Reimbursable Costs and Ranchwood is reimbursed all of the Reimbursable Costs …
The rest of the agreement basically says that Ranchwood proceeds on this project at its own risk. There are risks: Livingston has no jurisdiction over the land through which the pipeline will pass.
CALIFORNIA CODES
GOVERNMENT CODE
SECTION 66499.37: Any action or proceeding to attack, review, set aside,
void or annul the decision of an advisory agency, appeal board or
legislative body concerning a subdivision, or of any of the
proceedings, acts or determinations taken, done or made prior to such
decision, or to determine the reasonableness, legality or validity
of any condition attached thereto, shall not be maintained by any
person unless such action or proceeding is commenced and service of
summons effected within 90 days after the date of such decision.
Thereafter all persons are barred from any such action or proceeding
or any defense of invalidity or unreasonableness of such decision or
of such proceedings, acts or determinations. Any such proceeding
shall take precedence over all matters of the calendar of the court
except criminal, probate, eminent domain and forcible entry and
unlawful detainer proceedings.
This section would apply if Livingston had the legal right to approve this project in the first place.
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Dec. 22, 2004:
http://www.mercedsun-star.com/local/story/9652113p-10536591c.html Adam Ashton…
Work can start on Livingston sewer line…
The City Council and Ranchwood Homes agreed Tuesday night that the builder can proceed with its plans to place a 5,100-foot-long sewer pipe just outside of Livingston’s sphere of influence at its southwest corner
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Feb. 3, 2005
Investigation unit was on move before board vote…Scott Pesznecker
http://www.mercedsun-star.com/local/story/9885814p-10731412c.html
Merced County District Attorney Gordon Spencer was so confident the Board of Supervisors would OK a proposed move of his investigations staff that he had the office’s employees pack up their desks before supervisors even voted Tuesday. The day after supervisors approved his plans, more questions surfaced about $16,000 in renovations to the new office space made before supervisors signed off on the move. Spencer also mentioned using the asset forfeiture money at Tuesday’s supervisor’s meeting.
Merced County Auditor Stephen Jones said late Wednesday he couldn’t find any records of money drawn from the county treasury to be paid to Hostetler, Ranchwood Homes Corp. or Ranchwood Contractors, Inc. However, there are two other funds Spencer has access to that do not need Jones’ signature on a check, though they still need supervisors’ approval. Schecter, who is
also an ethics professor at CSU Fresno specializing in local government, said the lease agreement could have been handled better from start to finish. “Ethically, I think there are some problems,” he said.
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April 25, 2005:
Development closer to reality…Adam Ashton
http://www.mercedsun-star.com/local/story/10373719p-11176985c.html
LIVINGSTON — Two major subdivisions on the outskirts of town are inching closer to reality with a city analysis of their environmental impacts expected at the end of the year. The Ranchwood and Gallo plans together make up about half the number of homes Livingston has on its books now with a mix of more than a dozen other subdivisions. That’s why the two companies are footing most of the bill for the city’s new master plan and environmental documents.
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Oct. 19, 2005
Added funds propel Livingston Master Plan…Leslie Albrecht
http://www.mercedsun-star.com/local/story/11369021p-12116135c.html
Funding is now in place to create Livingston’s new master plan. With the presentation of a check for $155,760 to the Livingston City Council at last night’s meeting, developer Ranchwood Homes provided the last portion of funds need to create the new plan. Two other developers, Gallo and Del Valle, have already made major contributions to fund the plan.
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Nov. 16, 2005
Livingston OKs draft of city in 2025…Leslie Albrecht
http://www.mercedsun-star.com/local/story/11486665p-12225871c.html
The council unanimously approved a draft project description of a Master Environmental Impact Report…the consultants writing the impact report now have a map of where Livingston intends to develop and a timeline for when it will get there. …representatives from Ranchwood Homes and Gallo Homes, both of which are planning large subdivisions in Livingston, urged the council to move forward. Both Ranchwood and Gallo are paying for most of the consultants’ work on the city’s new impact report.
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Dec. 13, 2005:
Merced County Board of Supervisors authorized the updating of its General Plan, absurdly outdated since UC Merced was amended in to a plan that emphasized the protection of Merced County’s rural, agricultural and natural resources.
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Jan. 21, 2006:
Session to tackle city’s effort toward affordable homes…Leslie Albrecht
http://www.mercedsunstar.com/local/story/11714888p-12438920c.html
LIVINGSTON — New housing is popping up all over town, but how many residents can actually afford it? Ranchwood Homes president Greg Hostetler said forcing developers to keep prices low can backfire by driving up the cost of market-rate units. Hostetler said inclusionary housing ordinances are relatively new to Valley cities… Livingston is looking at inclusionary housing..
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Jan. 24, 2006:
Loose Lips: Land baron becomes local celeb…David Chircop
http://www.mercedsunstar.com/local/story/11724259p-12448018c.html
When Merced land baron Greg Hostetler isn’t donating fists full of money to his pet charities, “Mr. Ranchwood Homes” is giving away his John Hancock. Hostetler, arguably the county’s most successful homegrown developer, said he was stopped recently by a man who wanted his autograph.
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Jan. 25, 2006:
The General Plan Review Steering Committee, a shadowy, backroom body whose members are unknown to the public (Supervisor Deirdre Kelsey, however, is known to be a member) and whose meetings are not announced publicly, found it could not reach a consensus on the updating of the Planada Community Plan. A lawsuit on this plan is now in state appellate court. However, what concerned the committee that day was that developers, including Ranchwood Homes owner Greg Hostetler, of a 1,450-acre project called Village of Geneva at Planada,” outside of the Specific Urban Development Plan of Planada, were asking for a community plan update that would include their project.
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Jan. 27, 2006:
Annexations OK’d; city grows by nearly 200 acres…David Chircop
http://www.mercedsunstar.com/local/story/11736481p-12459428c.html
MERCED - Two Merced annexations gained final approval from the Local Agency Formation Commission on Thursday morning and a third was tabled until next month. • The Ranchwood N Street Annexation • And the Mission Avenue Annexation. LAFCO commissioners held off on approving the Barnell Annexation, a 73 acre swath south of Cardella Road. That annexation proposal will be discussed at the next LAFCO meeting on Feb. 23.
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Feb. 3, 2006:
Hostetler, thinking he is making a call to Supervisor Kathleen Crookham, leaves a message on someone else’s answering machine:
Mrs. Crookham, this is Greg Hostetler calling. My cell number actually is 704-13** if you need to call me. I’m on a cell phone cause my other battery I’m trying to save that, preserve it you know. I’m into preserving things too from time to time, but anyway, uhm, I’m just calling you, uh, to let you know that…ah if you don’t already know… that we’ve had a lot of drama and trouble in the county … everywhere I do business [inaudible] apparently I guess because of Mrs. uh…Mrs. Deirdre Kelsey ah… thinks staff may need some help, because she’s climbing all over them… using [inaudible] staff for her personal pit bulls…trying to bite our people, and our staff — this is my opinion — causing a lot of drama in Livingston, for the City of Livingston and we’re trying to uh in the progress of uh in the process of installing a sewer line over there. If you haven’t talked to Dee Tatum, he could fill you in on what’s going on over there. But uh this probably will not end any time soon. So, I just wanted to give you the update, and if you could give staff any help I’d appreciate it… Thank you!
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Feb. 6, 2006:
San Joaquin Raptor/Wildlife Rescue Center, Protect our Water and Bryant Owens (Planada Community Association), wrote to Lewis, John LeVan (Local Agency Formation Commission), the Board of Supervisors, and Livingston Mayor Brandon Friesen. It was posted on Badlands, Feb. 7, “Mysterious sewer line leaps out of Livingston.”
Ladies and Gentlemen:
It has come to our attention that the City of Livingston has authorized a private developer to install a 42 -inch sewer main connecting a 300 acre parcel along Magnolia Avenue near Westside Blvd, in a portion of unincorporated Merced County adjacent to but outside the SUDP of the City of Livingston.
This is clearly a ‘project’ under CEQA, and must be halted immediately and the City of Livingston must be enjoined and required to follow all the appropriate protocols for environmental review of a project of this nature. In addition we request and require the County of Merced Planning and Economic Development Department to assert its land use jurisdiction in this matter.
It is our understanding that the installation of these municipal services is a prelude to annexation of this 300-acre parcel into the City of Livingston. As such the entire project is premature and represents a clear violation of LAFCo of Merced County’s jurisdiction and statutory authority with regard to out of boundary service extensions in Merced County.
The City of Livingston’s mistaken authorization of this project has allowed grading and deep ripping on agricultural land in violation of the County of Merced’s Williamson Act Zoning.
The particular parcel must be removed from the Agricultural Preserve according to a prescribed process adopted by the County Board of Supervisors in 2000. This has not been done.
The City of Livingston has acted irresponsibly and precipitously in authorizing non agricultural land uses on land not properly under its legal jurisdiction: Livingston may not act as lead agency with regard to any aspect of this ‘project’ without providing the appropriate Notice of Exemption to the Governor’s Office of Planning and Research, The EPA at the federal level, the County and the Local Agency Formation Commission. No evidence exists that any such notice of exemption has been filed with any of the aforementioned agencies. If such notice has been approved at any level of the City of Livingston City Council level, these commentators challenge the validity of such notice and ask that it be invalidated.
Proceeding in the aforementioned manner places the City Council of Livingston in violation of California Government Code 65402 requiring mandatory referral of such a proposal to the county LAFCo, and the county Department of Planning and Economic Development. This has not been done. If this project is to proceed correctly, given the total acreage involved, such project would definitely qualify as a ‘major expansion’ of an SUDP. Such a designation automatically triggers the need for CEQA review and an EIR is mandatory. The City of Livingston has previously attempted to annex agricultural land by designating it as blighted. This tactic was rebuked by the County of Merced and eventually rescinded by the City of Livingston.
There is no evidence of any negotiations between the County of Merced and the City of Livingston regarding tax and revenue sharing agreement, and consequently there have been no noticed public meetings to discuss those agreements, in violation of state law, local ordinance, and Merced County’s current General Plan. The county of Merced is currently in the preliminary stages of updating its General Plan. The City of Livingston has not yet filed even a notice of preparation for expanding its SUDP. The proposed project is therefore premature in that the context for approving such a major expansion does not yet exist for either jurisdiction. There is no notice of preparation on file with the county or the state reflecting any such intention on the part of the City of Livingston. We therefore request that this project be stopped until such time as the appropriate land use authority can be determined and that jurisdiction be asserted.
The commentators’ request, under the California Public Records Act, to inspect any indemnification agreements entered into by this developer, Mr. Hostetler and Co., and/ or any of his associates, specifically Mike Gallo and Co., ‘holding harmless’ the City of Livingston for any legal challenge to the environmental review of the proponent’s (s’) project. We also request to inspect any documents showing any other agreements between the two named parties and the City of Livingston. We also request to inspect any documents pertaining to any agreements between local business or industry (specifically Foster Farms) with regard to connection to the proposed wastewater conduit into the city of Livingston …
We have grave concerns over the lack of information concerning who will be allowed to access this new infrastructure. Can the City of Livingston WWTF actually serve the anticipated urban expansion? What funding source exists for other necessary municipal services? How does this proposed project coordinate with regional water and wastewater needs? If a municipality in Merced County becomes incapable of serving the WWTF needs of its customers and fails, does the responsibility for those services revert to the county? Can the county afford to assume that sort of infrastructure liability?
Have there been any Can/Will Server letters of agreement between the Livingston WWTF and this developer? Is a Will Serve letter valid in the demonstrable absence of capacity?
Given that this developer has a plethora of residential development projects in Merced County and elsewhere, and considering the abject indiscretion of the City of Livingston in lending its ‘approval’ to this developer (especially since the approval lacked jurisdiction or authority), we request that all development projects by this developer throughout Merced County and especially anywhere proximate to the City of Livingston or the surrounding unincorporated communities be red-tagged (administratively halted) until such time as the environmental review of each of those current projects can be reviewed for accuracy and compliance with the appropriate laws, codes mitigation measures and appropriate checklists, and until the public is assured that each project is under the inspection and review of the appropriate agency.
This hubris on the part of the developer coupled with the abject irresponsibility of those agents of the City of Livingston demands commensurate sanctions by the appropriate governing bodies and/or state agencies. We request that those authorized to do so pursue such sanction to the fullest extent of the law.
We appreciate your consideration of this information and request to be notified in writing prior to deliberations and/or actions pertaining to this information by each of the notified agencies. Regarding inspection of the documents requested above, we reserve the right to inspect any documents identified subsequent to the above request, prior to any copies being made. We will give specific instructions as to which documents we need copies of when they have been identified and are available for inspection. It is our understanding that each agency notified in this document is responsible to respond to our request, within the statutory time frame with any identifiable documents described herein.
Sincerely,
Lydia M. Miller, President Steve Burke
San Joaquin Raptor/Wildlife Rescue Center Protect Our Water
Bryant Owens- Chairman Planada Community Development Corporation
Cc: Interested Parties
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Feb. 7, 2006:
Sent By: County of Merced; 209 726 1337; Feb-7-06 4:16PM; Page 2/2
j14 EIjlEIJra4st Ruben CastiIlo
COUNTY COUNSEL County Counsel
COUNTY
February 7, 2006
Transmitted bythcsirnile &U.S Mail
Ms. Lydia Miller, President
San Joaquin Raptor/Wildlife Rescue Center
P.O. Box 778
Merced, CA 95341
Steve Burke
Protect Our Water (POW)
3 105 Yorkshire Lane
Modesto, CA 95350
Bryant Owens
Planada Association and Planada
Community Development Corporation
2683 South Plainsburg Road
Merced, CA 95340-9550
Regarding: Sewer Line Extension to the Ranchwood Homes Development located in or about the City of Livingston
Gentlepersons:
This letter is sent in response to yours of February 6, 2006. We have careftilly considered the information contained in your letter and value your input At this point, the County is in the process of gathering information regarding the status of the installation of this sewer line and the development project that it serves. We would appreciate your relaying to us any further information you have concerning these matters.
Sincerely,
RUBEN E. CASTILLO
MERCED COUNTY COUNSEL
WALTER WILLIAM WALL,
DEPUTY COUNTY COUNSEL
WWW/jaf
CC: Robert Lewis, Development Services Director
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Feb. 8, 2006:
Groups Aim to Stop Sewer Line Construction …Leslie Albrecht
http://www.mercedsunstar.com/local/story/11781260p-12500357c.html
Environmental groups want Ranchwood Homes to halt construction on a sewer line in Livingston, according to a letter released Monday.The San Joaquin Raptor Wildlife Rescue Center, Protect Our Water, and Planada Community Development Corp. say that Livingston shouldn’t have approved construction of the sewer line because the project is on county land.
“The city of Livingston should not have given Ranchwood any authority to do anything out there,” said Bryant Owens of the Planada Community Development Corp. “Ranchwood needs to stop what they’re doing and come back to the county and get an annexation.”
The mile-long sewer line between Vinewood and Magnolia Avenue could eventually connect a proposed 420-acre Ranchwood Homes subdivision to Livingston’s wastewater treatment plant.
The environmental groups say the sewer line can’t go in until Ranchwood gets permission to annex the land, meaning that the land would be brought into Livingston’s city limits. But Livingston has been following the rules, according to Interim City Manager Vickie Lewis.
“We followed every regulation that was required of us,” said Lewis. “We have only gone as far as phase one, which is our only responsibility at this time. Anything beyond that is between the county and (Ranchwood).”
Ranchwood has received three encroachment permits from the county so far, but the county won’t issue any other permits until the county responds to the environmental groups’ charges, said Development Services Director Bobby Lewis …
Ranchwood Homes officials could not be reached for comment.
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Feb. 9:
A number of local agriculture and environmental groups had been debating whether to call for a moratorium on the approval of new projects before the General Plan update. Prior to meeting on this day, there was momentum to call for a moratorium both on approvals of new projects and on bringing an end to the habit of developers (either public like UC or private) indemnifying local land-use jurisdictions for legal expenses arising from lawsuits brought against them for approving arguably bad projects. Special interests, however, won the day by managing to orchestrate the defeat of the call for a moratorium. Nevertheless, as readers will not below, not all was lost.
Meanwhile, the City of Livingston wrote a letter to San Joaquin Raptor/Wildlife Rescue Center et al, expressing outrage that their civic wisdom should be questioned by “outsiders.”
RE: Your February 6, 2006 letter
Dear Sirs and Madam,
This letter has been prepared in response to the allegations contained in your letter dated February 6, 2006. You state that the City of Livingston has authorized a private developer to install a 42 inch sewer main outside of city limits and our sphere of influence. This information is incorrect. The project in question is a private pipeline within an easement-secured right-of-way, on private property within the County. The City did not authorize its construction. The City of Livingston agreed to be the lead agency for the environmental review of a portion of the pipeline because the pipeline may eventually be dedicated to the City. The City’s only role at the jobsite is to inspect the pipeline to determine if it would meet City standards in the event it is dedicated to us. Period.
You claim that the City did not follow the appropriate environmental review protocols. This too is an incorrect assumption. The project was reviewed in detail by the City’s consultants. Meetings and discussions were held with City Council before a determination was made that a statutory exemption under Public Resources Code 21080.21 could apply. The resulting Notice of Exemption and a Design, Construct, and Dedicate Agreement were presented by our City Attorney and approved by City Council at their regular meeting of December 21, 2004. You further state that the installation of these municipal services are a prelude to the annexation of Ranchwood land on Westside Blvd. This also is incorrect. This is a private, not municipal, pipeline and item #7 of the Design, Construction, and Dedication Agreement states: Nothing in this Agreement shall be construed to obligate the City to approve any future land use projects proposed by Ranchwood.
Your letter goes on to state that the City’s authorization of the project allowed grading and deep ripping to occur on agricultural land in violation of the County’s Williamson Act Zoning. Again, the City did not authorize this project located outside of city limits, and no grading or encroachment permit applications were submitted for our review and approval.
You claim that neither a Notice of Exemption for the pipeline nor a Notice of Preparation to expand our Sphere of Influence was filed. According to CEQA guidelines, the City is not required to file a Notice of Exemption. The appeal deadline for this Notice of Exemption was June 20, 2005. The City has recently released our Notice of Preparation of a Master Environmental Impact Report (MEIR) for our General Plan Update and proposed changes to our Sphere of Influence. The comments deadline for this MEIR Notice of Preparation was February 2, 2006.
You have made allegations that the City Council violated California Government Code 65402 which requires mandatory referral to LAFCo and Merced County Planning. There was no submitted project application to refer to these agencies. Our consultants contacted both agencies concerning the CEQA exemption. In discussions with County Planning staff, it was suggested that the City be the lead agency but that the County would require the applicant to apply to them for any encroachment permits necessary to disturb County-maintained roadways. County staff indicated that LAFCo would not serve as the lead agency because the project is a “dry pipe” that will not extend sewer services. From a City staff position, utilizing the City as lead agency was preferable in that we could inspect the pipeline for compliance with City standards and codes before possible dedication.
You claim there is no evidence of a tax and revenue sharing agreement between the City and County. There is nothing for the two agencies to agree on. These agreements happen during the annexation process, which would be premature at this point in time. Should annexation happen, the public hearing process will be followed.
Your letter questions the employment status of a Donna McKinney. Ms. Donna M. Kenney (correct spelling), our Community Development Director, has been employed by the City of Livingston since April 11, 2005. She is not acting Director of Planning and has never worked for our consultants, PMC. She was hired four months AFTER the City and Ranchwood signed the Design, Construct, and Dedicate Agreement for the pipeline. To imply that she has been collaborating with Ranchwood Homes is ludicrous and slanderous.
Your allegation that our City Council has violated the Subdivision Map Act is baseless. The Subdivision Map Act applies to parcel maps and subdivision maps. No subdivision of land has been proposed or considered by the City or the County in connection with this pipeline.
Your letter further states that Ranchwood has requested prezoning prematurely. The City requires that prezoning and General Plan amendment applications be filed and approved concurrently with annexation applications. Although the City received and reviewed a concept plan from Ranchwood for land use assumptions for its General Plan update, there are no active applications in process for the 300 acres at Westside Blvd.
You question whether or not the City will be able to provide services to areas proposed to come into our Sphere of Influence. The City is currently updating its five Master Plans: Water, Wastewater, Stormwater, Parks, and Roadways. These Master Plans will tell us and LAFCo whether or not we can provide those services. No Will Serve letters have been issued to Ranchwood.
Finally, Mr. Owens was quoted in the Merced Sun-Star newspaper on February 8, 2006 as stating “There’s got to be some kind of money changing hands” between the City and Ranchwood. This is an absolutely irresponsible and untrue comment aimed at damaging our community and we demand an apology. Your documented pursuit and vendetta against Ranchwood Homes has placed our City in the middle of mud slinging and we will not stand for it. Most of our department heads have been with the City less than 2 years. This new staff has worked long and hard to earn the trust of our citizenry with meetings and workshops and you have managed to push us back to square one with one thoughtless and inflammatory comment. Had you the dignity to come into our City and ask us for this information directly, we would have gladly met with you and provided you with the answers you seek. Instead, you have managed to tarnish the reputations of all the environmental groups with which you claim association.
Sincerely,
Brandon Friesen
Mayor, City of Livingston
cc: Robert Lewis, Director of Planning and Economic Development, Merced County
John LeVan, Local Agency Formation Commission, Merced County
Merced County Board of Supervisors
Livingston City Council
Livingston Planning Commission
Merced Sun-Star
Livingston Chronicle
Channel 30 News
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Feb. 14, 2006:
The General Plan Review Steering Committee couldn’t decide if it could recommend the Hostetler et al developer-sponsored Planada plan update before completion of the county General Plan Update. So, it threw the problem to staff. Staff advised the supervisors that either they could continue to process community plan updates (there are at least three currently driven by developers) while updating the General Plan, or it couldn’t. Or it could except where prime farmland would be involved (as in the Planada project). Or, it could hold “in abeyance any and all General Plan amendment applications.”
The board continued discussion of the issue for two months.
Valentine’s Day at the Merced County Board of Supervisors meeting was lively. The supes, staff and developers were trying to sneak through a plan to make a plan about how, maybe, someday, they’d update the county General Plan, but in the meantime developers and their friends in the county Administration Building wanted to make certain the chaotic process of growth would continue unabated with as little regulation as possible. This involved fixing a shadowy, backroom committee called the General Plan Steering Committee, which had recently stubbed its toe on Planada development.
San Joaquin Raptor/Wildlife Rescue Center, Protect Our Water and the Planada Community Association replied to the scheme with the following letter. Attached to the letter was a statement from a coalition of local groups calling for a moratorium on new projects until a general-plan update is completed, and a moratorium on any further legal indemnification of local land-use agencies (cities and the County):
On Item 31: General plan amendment policy and procedures (Badlandsjournal.com, Feb. 14, 2006)
Letter to the Merced County Board of Supervisors on General Plan Amendment Policy and Procedures during the General Plan Update Process
Re: General Plan Amendment Policy and Procedures during the General Plan Update Process
Agenda Item 31
Date: Feb. 14, 2006
Members of the Merced County Board of Supervisors:
This policy and its procedures are nothing but a license for developer-driven growth with impunity for three or more years. County planning staff apparently has written Item 31 to implement unfinished, developer-funded, community plans while the county general plan update process is going on. It will not wash.
Item 31 is unacceptably vague. It sounds like a plan for a bunch of “updates.” However, it isn’t stated whether there are major zoning changes, added densities, or what. If we had to guess, we would say the steering committee, board of supervisors, planning commissioners and planning staff are laying the groundwork for a bunch of major residential and commercial projects, but they want to front load a lot of the work, so that by the time they have to do a project-level EIR, they can tier off of the plan update EIRs.
Most significantly, they don’t disclose anything about the nature of these “updates.” Nor are they providing needs or impact analyses for these proposed “policies and procedures,” which, in their present state, amount to further piecemealing the existing general plan, contributing to greater cumulative impacts. Item 31 constricts the geographical area any general plan update will be left to consider. It also results in limiting the environmental review of these as-yet-unnamed development projects within unfinished, developer-funded community plans.
To begin with a procedural issue, this steering committee does not appear on the county website, its meetings are not announced to the public, its membership is rumored but not publicly known, its scope of authority and responsibility is nowhere described for the public. And, whatever rules govern this steering committee do not supercede state guidelines and regulations governing the general plan update process. It is said to be composed of several county supervisors and county planning commissioners. The rumor goes that, when confronted by two Planada developers, about possible impacts of a new general plan to their developments, the committee “could not come to a consensus in recommending the County accept new property owner sponsored Community Plans or refrain from processing any more until the General Plan update process is complete or new policy direction has been identified” … because new general plan policies “may negatively impact the policy and environmental work (sic) performed on property owner sponsored proposals.”
Given the tremendous impact to infrastructure and natural resources already caused by the rapid, UC Merced-induced growth and housing-bubble speculation in the county, the only thing the county should be thinking about complying with are state laws and guidelines governing general plans. Tiering more development off an admittedly moribund general plan for the three years is not reputable, responsible and quite possibly an illegal planning practice.
Knowing the incoherent state of its existing general plan and the number of development projects already in the permitting process, the county should have already stopped the application process. The county cannot accurately assess and analyze the impacts to infrastructure and resources of the current projects in the pipeline, because its general plan is so badly out of date that it no longer reflects the real growth issues and impacts. Now, to give permission for the next three years to a special constituency to proceed “at their own risk” is irresponsible and legally dubious.
The county Planning Department has been and is now incapable of providing coherent guidance to development and protecting Merced County resources. For example, the county has one separate department devoted completely to UC Merced; another devoted to the redevelopment of Castle Air Force Base; a third operating out of the Public Works Department to develop the UC Campus Parkway; a fourth focused on transportation infrastructure called the Merced County Association of Governments; and a fifth, the University of California Board of Regents, which is its own, autonomous land-use authority.
Now, to add to the absurdity, the county community plans are not complete or are being legally challenged. So, to allow developers, a very special interest, to guide them, fund them and use them in lieu of a county general plan for the next three years, is nothing but a license for more unplanned, chaotic, resource-devouring development speculation.
What the impacted Merced public sees is a backroom committee inviting developers to continue to pay for three community plans, inviting developers to pay for county planning staff, and inviting Planada developers to decide agricultural land mitigation policy for the county — all while, during a period of time said to be “three years,” consultants yet to be hired by the county will presumably labor on a general plan update for whatever is left in unincorporated Merced County, while these developer-funded community plans are amended into the old, now useless general plan, amended out of all coherence beginning with the UC Merced project. To take, for example, the Planada plan, it is now being challenged in state appellate court and a Washington state-based corporation funds it. As for developers deciding agricultural land mitigation policy, this is an already established, legally dubious practice in Merced County.
The only real policy and procedure in this proposal is to accommodate special interests as usual by the usual technique of trying to confuse the public with bureaucratic babble. Not one of the topics addressed to counties and municipalities in the state’s General Plan Update Guidelines is mentioned in this banal, corrupt verbiage concerning how developers, property owners, and developer-funded community plans can rig the planning process for three or more years.
Only the most naive and “hopeful” of our newest, progressive citizens could possibly believe there are the votes on the board to resist the intent of the steering committee, county supervisors, planning commissioners and planning staff to continue general plan amendments at developers’ direction for at least the next three years.
Item 31 is a license to gut a Merced County General Plan Update before consultants on the process are even hired.
Therefore, we would ask the board of supervisors to reject each of the four options presented by county staff. In place of these alternatives, we are submitting another option: a moratorium on all new development projects during the general plan-update process, according to the accompanying document to be read into the record called Coalition Statement on Merced County Planning Process.
This is the only responsible leadership position the board can take after the county’s participation in the orchestration of the UC Merced red and green teams, the Williamson Act as mitigation for development scheme, the RCD-HCP, CPAC, CAPS, MCIP, MAGPI, BAP, MRZ, RCD-HCP, NCCP-HCP, PIPS, Measure M — right down to the inappropriate occupation of the third floor of the county Administration Building by Rep. Dennis Cardoza, author of several bills to gut the federal Endangered Species Act.
Finally, to restore public confidence in its leadership, the board must reject the practice of indemnification by public and private project applicants for legal expenses arising from public lawsuits against its irresponsible land-use decisions. Rejecting the corrupt practice of indemnification would give the planning departments the ability to do responsible land-use planning.
Sincerely,
Lydia M. Miller, President
San Joaquin Raptor/Wildlife Rescue Center
Steve Burke
Protect Our Water
Bryant Owens- Chairman
Planada Community Development Corporation
Cc: Interested Parties
Attachments:
2-13-06 Growth Articles (below)
2006 Coalition Statement (under separate cover)
ATTACHMENT
Coalition Statement on Merced County Planning Process
We call for a moratorium on County General Plan amendments, variances, minor sub-divisions changes to existing projects, zoning changes, and annexations of unincorporated county land by municipal jurisdictions, MOU’s and developments with private interests and state agencies, until a new County general Plan is formulated by a fully authorized public process – and approved locally and by the appropriate state and federal agencies.
The continual process of piecemealing development through amendments, willfully ignoring the cumulative impacts to infrastructure and resources, for the benefit of a small cabal of public and private special interests, is illegal and reprehensible conduct on the by elected and appointed officials of local land-use authorities.
We also call for a permanent moratorium on indemnification of all local land-use jurisdictions by private and public-funded developers.
Indemnification is the widespread, corrupt practice in which developers agree to pay for all legal costs arising from lawsuits that may be brought against their projects approved by the land-use authority — city or county. Without having to answer to the public for the financial consequences of decisions made on behalf of special interests, local land-use authorities can be counted on to continue unimpeded their real policy: unmitigated sprawl, agricultural land and natural resource destruction, constant increases in utility rates, layering of school and transportation bonds on top of property taxes, and the steady erosion of the county’s infrastructure.
Adopted 2006
San Joaquin Raptor/Wildlife Rescue Center
Protect Our Water
Central Valley Safe Environment Network
Merced River Valley Association
Planada Association
Le Grand Association
Communities for Land, Air & Water
Planada Community Development Co.
Central Valley Food & Farmland Coalition
Merced Group of Sierra Club
CENTRAL VALLEY SAFE ENVIRONMENT NETWORK
MISSION STATEMENT
Central Valley Safe Environment Network is a coalition of organizations and individuals throughout the San Joaquin Valley that is committed to the concept of “Eco-Justice” — the ecological defense of the natural resources and the people. To that end it is committed to the stewardship, and protection of the resources of the greater San Joaquin Valley, including air and water quality, the preservation of agricultural land, and the protection of wildlife and its habitat. In serving as a community resource and being action-oriented, CVSEN desires to continue to assure there will be a safe food chain, efficient use of natural resources and a healthy environment. CVSEN is also committed to public education regarding these various issues and it is committed to ensuring governmental compliance with federal and state law. CVSEN is composed of farmers, ranchers, city dwellers, environmentalists, ethnic, political, and religious groups, and other stakeholders.
P.O. Box 64, Merced, CA 95341
Two other groups, Central Valley Food and Farmland Coalition and Northern San Joaquin Valley Chapter of the Community Alliance with Family Farmers, joined the coalition in publicly calling for a moratorium on Merced County growth until a new General Plan is completed at the Board of Supervisors meeting.
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Feb. 16, 2006:
Although the County did not honor the PRA request to inspect public documents on this project by its 10-day deadline, Castillo wrote the following letter to the Livingston city attorney itemizing the number of laws the city and Ranchwood had broken. It was posted on Badlands, Feb. 28, “Merced County challenges legality of Ranchwood Home’s Livingston sewer trunk line.”
From:
Merced County
Ruben E. Castillo
County Counsel
February 16, 2006
To:
Thomas Hallinan, Jr., City Attorney
City of Livingston
Post Office Box 486
Oakdale, CA 95361
Fax: (209) 847-5515
Re: Sewer Line Trunk Extension
Dear Mr. Hallinan:
After reviewing the facts of the case, Castillo writes:
Given these facts, I thought it important to share with you our legal view concerning the project. It is the County’s reasoned opinion that the approval of this project by the City does not comport with the City’s jurisdictional authority. Furthermore, it appears to run afoul of the Cortese-Knox Local Government Reorganization Act, the California Environmental Quality Act, and general land use and planning law. As County Counsel, I respectfully request that the City take every action to bring its approval of this project into compliance with these laws, including all appropriate environmental analysis, and I further request that the City communicate with and cooperate with the County to make certain this project is carried out in conformance with the law and the jurisdictional authority of each respective public agency.
1. The City had no Power to Approve a Project Outside its Territorial Limits.
As you know, the California Constitution at Article XI, section 7, confers on a city the power to “make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.” Thus, “[u]nder the police power granted by the Constitution, counties and cities have plenary authority to govern, subject only to the limitation that they exercise this power within their territorial limits and subordinate to state law. (Cal. Const., art. XI, Section 7.) Apart from this limitation, the ‘police power [of a county or city] under this provision . . . is as broad as the police power exercisable by the Legislature itself.’ Birkenfeld v. City of Berkeley (1976) 17 Ca. 3d 129, 140 [130 Cal. Rptr. 465, 550 P.2d 1001].” (Candid Enterprises, Inc. v. Grossmont Union High School Dist. (1942) 50 Cal App 2d 374, 122 P2d 965.)
A municipal corporation has generally no extraterritorial powers of regulation. It may not exercise its governmental functions beyond its corporate boundaries. (Von Schmidt v. Widber (1894) 105 Cal 151, 38 P 682; Mulville v. San Diego (1920) 183 Cal 734, 192 P 702; Oakland v. Brock (1937) 8 Cal 2d 639, 67 P2s 344.) The Constitution delegates directly to inferior governmental agencies the police power in their respective localities, provided only that its exercise by any city must be confined to such city. (People v. Taylor (1938) 33 Cal App 2d Supp 760.) A municipal ordinance can have no extraterritorial force unless by express permission of the sovereign power. (Ferran v. Palo Alto (1942) 50 Cal App 2d 374, 122 P2d 965.)
It is only when annexation occurs that the police power transfers from the County to the City. Police power has been given a county and a city, respectively, for exercise only “within its limits” and when land in suit was annexed to city it left territorial jurisdiction of county, ceased to be “within its limits,” and hence was no longer subject to provisions of county zoning ordinance classifying land as residential and limited to single family dwellings. (South San Francisco v. Berry (1953) 120 Cal App 2d 252, 260 P2d 1045.)
2. The Out-of-Boundary Extension of Service Requires Approval by LAFCO.
This sewer line extension should have been approved by LAFCO. As you know, a city that wishes to extend sewer service outside of its jurisdictional boundaries must go to LAFCO;
(a) A city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries only if it first requests and receives written approval from the commission in the affected county.
(b) The commission may authorize a city or district to provide new or extended services outside its jurisdictional boundaries but within its sphere of influence in anticipation of a later change of organization.
(c) The commission may authorize a city or district to provide new or extended services outside its jurisdictional boundaries and outside its sphere of influence to respond to an existing or impending threat to the public health or safety of the residents of the affected territory if … [certain requirements are met].
(Cal. Gov. Code Section 56133.)
Since the sewer is intended to serve a 300-acre parcel outside the City, it implicates LAFCO’s jurisdiction over an “out of boundary” service extension. (See Ceres v. Modesto (1969) 274 Cal. App. 2d 545.)
3. The California Environmental Quality Act.
In December of 2004, the City made a determination that the sewer line
project was categorically exempt from CEQA. Of course, we do not believe the City ever had jurisdiction to make a valid CEQA determination for land uses on land that is not within its territorial limits.
Nevertheless, the City may have incorrectly applied a statutory exemption, instead of a categorical exemption, to find the project exempt from environmental review. In the review and approval of December 21, 2004, the City stet (sic) on Section 21080.21 of the Public Resources Code to find the project exempt. Section 21080.21 provides:
“This division does not apply to any project of less than one mile in length within a public street or highway or any other public right-of-way for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline. For purposes of this section, “pipeline” includes subsurface facilities but does not include any surface facilities related to the operation of the underground facility.”
Reliance on this section may be misplaced. The total sewer line project greatly exceeds one mile in length. Thus, even though the project – as approved – appears to fit the statute, as the length of the first phase of pipeline installation is 5115 feet, this run afoul of a principle of CEQA that one cannot “piecemeal” a project in order to avoid the applicability of CEQA. (Association for a Cleaner Env’t v. Yosemite Community College Dist. (2004) 116 Cal.App.4th 629, 638. A lead agency may not split a single large project into small pieces in order to avoid environmental review of the entire project. Orinda Ass’n v. Board of Supervisors (1986) 182 Cal. App. 3d 1145, 1171.
In the most far-reaching decision on the issue of “piecemealing” development projects, the San Joaquin Raptor/Wildlife Rescue Center successfully set aside an EIR for a housing project in Stanislaus County, based on the failure of the project to include construction of sewer lines and construction of a wastewater treatment plant to serve the project. (San Joaquin Raptor/Wildlife Rescue Ctr. V. County of Stanislaus (1994) 267 Cal. App. 4th 713.) In that case the court relied on 14 Cal. Code Regs. Section 15378 (a) which defines the term “project” as “the whole of an action, which has the potential for resulting in a physical change in the environment, directly or ultimately.” Because the sewer expansion had been proposed to serve a housing project, and the housing project could not proceed without an expansion of sewer service, the court concluded that the expansion was an integral component of the housing project.
Second, the pipeline is not located within a public right-of-way. Instead it is located on private property, from which the City got a number of public easement dedications. The acquisition of easements after approval of the proposed project is not in keeping with the claimed exemption.
In addition, the City did not notify the County of its determination as a responsible agency. CEQA sets a standard of communication and cooperation among responsible government agencies with respect to projects.
Lastly, the City did not file a “notice of Exemption” for the pipeline project. (Pub. Res. Code Section 21108.) Although the filing of such a notice is not required by CEQA, it is the standard practice for California government agencies to do so.
According to PMC, consultant to the City, an EIR is being prepared for the City’s sewer and water master plan and this “project” is probably a part of that master plan. WE are concerned that a project has already been approved and constructed that is (or should be) a part of the larger master planning effort that is currently undergoing environmental review.
4. Livingston’s Actions May Have Violated Government Code section 65402.
Section 65402 (b) of the California Government Code states:
“[A] city shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another city or in unincorporated territory, if such other city or the county in which such unincorporated territory is situated has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof.”
Thus, the City may not authorize a project within the County until the County has determined its consistency with the County’s general plan. If found to be inconsistent, the city council must vote to overrule it. The County was neither consulted nor has the City taken action to overrule the County general plan on the truck line extension.
CONCLUSION
As you can see from the above, the approval of this project by the City is questionable. The project failed to comport with the City’s jurisdictional authority, the Cortese-Know Local Government Reorganization Act, the California Environmental Quality Act, and general land use and planning law.
Your help is sought so that the City may take every lawful action to bring its approval of this project into compliance with these laws, including all appropriate environmental analysis. I also request that the City communicate with and cooperate with the County to make certain this project is carried out in conformance with the law.
It is important that the County and the several cities maintain a cooperative and positive working relationship. It is in that spirit that this letter is provided to you. I hope to hear from you soon.
Highest regards,
RUBEN E. CASTILLO
MERCED COUNTY COUNSEL
On the evening of Feb. 16, Supervisor John Pedrozo held a “town hall” meeting in Livingston. Livingston is actually represented by both Pedrozo and Supervisor Kelsey but, if the reader cares to go to the Merced County website to see how the districts are gerrymandered, he or she will discover that the pipeline runs through Pedrozo’s slice of Livingston.
Pedrozo was flanked by a panel of County officials, including Planning Director Lewis. Members of the public brought up the issue of the pipeline, particularly how Hostetler’s equipment was making access difficult to at least one farm.
Lewis stated that evening that the County had never inspected Hostetler’s pipeline. When confronted by a resident from the vicinity of the pipeline who had issues with it, he gave her two pieces of advice: file a code enforcement complaint; or hire a lawyer. Having filed several code-enforcement complaints with the County this year, some members of the public can verify that the County does not enforce codes.
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Feb. 21, 2006:
Re: The Ranchwood pipeline from the Livingston Wastewater Treatment Plant into land under Merced County jurisdiction
From:
Lydia Miller
President San Joaquin Raptor/Wildlife Rescue Center
P.O. Box 778
Merced CA 95341
raptorctr@bigvalley.net
(209) 723-9283, phone & fax
Steve Burke
Protect Our Water
3105 Yorkshire Lane
Modesto CA 95350
Sburke5@sbcglobal.net
(209) 523-1391 phone & fax
Bryant Owens
Planada Association, Planada Community Development Corporation
2683 S. Plainsburg Road
Merced CA 95340-9550
recall@mercednet.com
(209) 769-0832
To:
Merced County Board of Supervisors
Dee Tatum
Chief Administrative Officer ceo@data.co.merced.ca.us
Robert Lewis
Director of Planning and Economic Development rlewis@co.merced.ca.us
Ruben Castillo
County Counsel
c/o Merced Co. Board of Supervisors dist1@co.merced.ca.us etc.
Merced County
2222 M St.
Merced CA 95340
Re: The Ranchwood pipeline from the Livingston Wastewater Treatment Plant into land under Merced County jurisdiction
Sent via email
Date: Feb. 21, 2006
Dear Sirs and Mesdames:
At 5:30 p.m., Feb. 21, Ranchwood was still working on the pipeline from the Livingston Wastewater Treatment Plant that goes south from Vinewood Road beyond Magnolia Road, apparently without any county permits or environmental review. Both the County and Livingston were notified of complaints on Feb. 6. There is no evidence of any code enforcement.
Is the County unable to enforce the numerous ordinances, policies and laws that this illegal project violates, or it is unwilling? We sincerely hope that this project is not what it looks, walks and quacks like: collusion between the County, Livingston, developers and landowners to circumvent environmental regulatory compliance.
We request a meeting with County Chief Administrative Officer Dee Tatum and department heads on this project. We understand all too well that this is the way Ranchwood does business.
We request that the County inspect the project, stop the project and/or fine the developer for proceeding with illegal construction. This is not a mere 42-inch “dry, private” pipeline trench. As you can see by the attached photos (sent under separate cover) we took Feb. 20, the trench for this pipe, which Mr. Lewis was 42 inches, the impacts are broad, to both the environment and to the public. This project crosses several paved county roads; one unpaved county road and an MID canal. There is inadequate posting for public safety as our pictures show; there is wear and tear on the county roads from heavy equipment; and the developers are storing building materials and spoils on the shoulders of county roads.
We estimate that the mounds of dirt on either side of this trench are between 10-15 feet high. Having found numerous paint balls at the foot of these mounds, it’s clear that the public is using these mounds for recreation. Given the instability of this loose, sandy dirt, this is an attractive nuisance of public health and safety concern. Who is liable in case of injury arising from this attractive nuisance? In the attached photos you will see, an ATV driven by teenager, carrying an adult with a young child in his arms.
We realize that Ranchwood is working at breakneck speed to finish. This illegal project must have the County in a desperate situation. To stop now would compromise the County and the City of Livingston. However, there are legal consequences for not stopping it. At this point, indemnification would be entirely inappropriate.
The most obvious effect from the project from a field inspection, is the cumulative impacts from residential development tying into this main sewer line from Joseph Gallo land adjoining the WWTP to Magnolia Road. This requires full review under the California Environmental Quality Act before – not after – construction of the sewer main.
There is an uncalculated amount of agricultural land being — and to be — converted to real estate development, enabled by this sewer line. This requires full CEQA review and review under the Agricultural Preserve policy of the county.
At least six wells and four 1-million gallon water tanks are proposed to provide drinking water for residential development. The impact of these new wells on the groundwater level and farmers’ wells has not even been mentioned, let alone considered. Assurances of surface water from Merced Irrigation District are – as everyone knows – useless during a drought.
Ranchwood bought an almond orchard on Robin Road facing Consolidated Farms (see photos). Ranchwood is removing orchards to create a super shoulder on Magnolia for the movement of heavy equipment and construction-material storage. It is now storing sewer pipe on this ranch, called “Hostetler Ranch, Almond Orchard, L3.” The orchard appears to have been called “Merced-Lincoln” before Ranchwood bought it.
The public would also like to know by what arrangement Ranchwood is storing heavy equipment in the Livingston Corporation Yard on Vinewood Road beside the city wastewater treatment plant.
As the County approaches its general plan-update, we urge it, incorporated cities and unincorporated towns with community plans to coordinate the planning process. The update period provides an opportunity for this sensible approach to long-term county planning and it should not be missed. Until the new county General Plan and coordinated general plans of smaller jurisdictions are completed and integrated into a coherent land-use planning policy, we call for a moratorium on any new permits for residential development.
We made a Public Records Request under state Government Code 6250 et seq. in our Feb.6, 2006 letter for all documents associated with this alleged “private pipeline” project that have been generated up to the time that the agencies should comply with the request. They have not yet complied. We would like to review these records at a time and place to be arranged, prior to any copying taking place. As provided by the Public Records Act, you have ten days to determine whether you have records subject to the Act. We look forward to hearing from you regarding this arrangement. If you have any questions or concerns, please contact us. Thank you for your time and courtesy.
We are attaching (under separate cover) the first set of photos of the project, bounded by Vinewood, Magnolia, and Robin and Washington roads, taken on Feb. 20, 2006. Two more sets of photos will follow. For reference, we are also attaching our letter of Feb. 6, 2006 (under separate cover).
cc:
Brandon Friesen, Mayor/Municipal Officer, City of Livingston Bfriesen@livingstoncity.com
John LeVan, Merced Co. LAFCO jlevan@co.merced.ca.us
Badlandsjournal.com
Interested parties
--------------------------
Feb. 27, 2006:
County Council Ruben Castillo replied to San Joaquin Raptor/Wildlife Rescue Center et al:
Re: The Ranchwood pipeline from the Livingston Wastewater Treatment Plant into land under Merced County jurisdiction
Gentlepersons:
I responded to your February 6, 2006 letter regarding the Sewer pipeline extending from the Livignston Wastewater Treatment Plant into land under Merced County jurisdiction, by return letter of February 6, 2006 and February 17, 2006. I have received no reply to either of my letters.
In my letter of February 17, 2006, I attempted to clarify what documents if any you were asking the County of Merced to supply as it appeared that the Public Records Act in your February 6, 2006 letter was directed to the City of Livingston only. Again, I have received no reply.
Despite the fact that you have no responded to either of my letter and have failed to clarify what records, if any, you are searching for from the County, I have worked with the various County departments to make a diligent search of any and all records the County has in its possession that could possibly relate to the above-referenced matter and have located two documents, which are likely to be responsive to your request, both of which I have enclosed with this letter, to wit:
1) A revenue sharing agreement between the County of Merced and the City of Livingston; and
2) A copy of the agreement between the City of Livingston and Ranchwood Homes.
These constitute all of the Public Records in the possession of the County which are responsive to your request …
--------------------
Feb. 28, 2006:
Another visit to the site of the pipeline showed that Ranchwood had filled the pipeline and, although construction equipment was still parked along the path of the trench, it appeared the job was completed.
-------------------------
March 13, 2006:
San Joaquin Raptor/Wildlife Rescue Center and Protect Our Water wrote the Franklin County Sewer District concerning another Ranchwood project:
Board of Directors
Franklin County Sewer District
2115 N. Drake Ave.
Merced CA 95348
(209)723-1353
Fax (209)723-1433
Email FCWD1@sbcglobal.net Sent Via: Email and Fax
March 13, 2006
Dear Directors;
Under California Government Code Sections 6250 et seq., we are filing a Public Records Act request to inspect all Franklin County Sewer District files pertaining to the construction of settling ponds by developer Greg Hostetler or Ranchwood Homes.
We would like to review these records at a time and place to be arranged, prior to any copying taking place. We look forward to hearing from you regarding this arrangement. If you have any questions or concerns, please contact us. Thank you for your time and courtesy.
We await your timely reply.
Lydia M. Miller Steve Burke
Cc:
Badlandsjournal.com
-------------------------------------
Questions for CEO Dee Tatum and staff:
Where is the evidence that the County issued a stop-work order on any Hostetler project?
What project stop-work order is Lewis referring to in his note?
What findings on what project is he referring to?
Why won’t the county or the City of Livingston comply with the requests to see public documents made twice under the California Public Records Act?
Badlandsjournal.com