Approval of Minutes of Meeting Held on May 22, 2012

Meeting Date: July 03, 2012

Agenda Item #8. Approval of Minutes of Meeting Held on May 22, 2012.

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MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL

MAY 22, 2012A Special Meeting of the Livingston City Council was held on May 22, 2012, in the City Council Chambers with Mayor Espinoza presiding.

SPECIAL MEETING

CALL TO ORDER

Mayor Espinoza called the meeting to order at 6:01 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Margarita Aguilar (Excused)

Council Member Frank Vierra

Council Member Theresa Land

Council Member Gurpal Samra

CHANGES TO THE AGENDA

None.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by Joe Davi, City Building Inspector, Code Enforcement Update.

Building Inspector Joe Davi gave an update on Code Enforcement activities in the City.

City Manager Ramirez stated that our municipal code needs to be updated so we can recoup some of our costs.

Mayor Espinoza commented that he remembers this is what the City Manager had done in the past; it’s sad if we had to do that again.

Community Development Director Kenney shared that we did update the nuisance section of the code and explained further that the issue is a missing link between enforcement and collections.

Council Member Vierra commented on the house that has the mold, the same owner that owns a house that was moved onto Second Street. He stated we allowed him to bring in this damaged house and he still has done nothing with it.

Council Member Samra suggested the Council direct staff to bring the path that is needed to get from point A to B.

Council Member Vierra stated that it needs to be as quickly as possibly, because we are affecting neighbors.

Council Member Samra requested that the City Attorney initiate whatever procedure is necessary to move forward.

CITIZENS COMMENTS

Katherine Schell Rodriquez, P.O. Box 163 stated that regarding the second item on the agenda she would like to approach Council with some documents:

One of the things that she noticed and brought up at the last Council meeting, was the deletion of a Grade I or II water treatment certificate and Grade I wastewater certificate from the job description. At that last meeting it was stated that Kathryn Reyes did not have the certifications to qualify for this position.

She distributed the following certification documents for Kathryn Reyes to the Council: a Grade II wastewater treatment plant operator, Grade III water treatment operator, Grade D3 water distribution operator, cross connection control program specialist and back flow assembly tester.

She questioned that if these certifications weren’t enough to do the job, what is it the Council is going to expect from applicants? And then deleting from the requirements “assisting with control and maintenance of the operating budget?” She asked what you expect from a Director of Public Works if they are not required to assist with the control of the maintenance and operation of the budget.

She stated that we had someone that worked for the City who plainly could do the job and now we are rewriting the job description. She is concerned about why this is being done now and if this isn’t good enough, what is?

Debra Lopez, 1543 Monte Cristo Way commented regarding a previous Council meeting, a woman came up and complained because she had both of her cars parked on the grass instead of the driveway and that was violating the City ordinances. The local police officer at the time wasn’t the chief as he was fired by then. It was the acting chief and he gave her a citation and she was irate that she received this citation and the Council at that time told the officer not to bother.

So here we have rules set in place and our Council says nah, don’t worry about it. She was sorry to hear about Kathryn Reyes leaving the City, and she believed she was extremely qualified and did a good job for a long time. She was glad to hear that Gustine got such a nice person and they have our former chief as well and he was also qualified. So Gustine is looking pretty good. She was wondering what Katherine Schell Rodriguez had mentioned about not having control of the budget and asked who then has control of that budget? She also asked if we have someone already in mind and are making the specifications fit that individual.

DISCUSSION AND POTENTIAL ACTION ITEMS

2. Approval of Director of Public Works Job Description.

City Manager Ramirez presented the item.

City Manager Ramirez added that if you look at the wastewater requirements they require a Grade III and Mrs. Reyes only has a Grade II. The Stakeholders Committee directed staff to hire in house and we could have hired in house; however, that person did not have the Grade III requirement and we would have had to go out for a consultant and they could have signed off on it. Mrs. Reyes does not have a Grade III. She has her Grade II, but we needed a Grade III, so Mrs. Reyes moved on and we had to analyze everything and ask what are we going to do?

Were we going to fill the current Superintendent’s position or do we look for a Public Works Director that has experience in all areas. We are trying to cover all areas which fall under the Public Works Director. In terms of having oversight in the wastewater area and if you don’t have the grade then we are not doing the expectations and saving the City money and we are trying to cover all areas.

We have a contract with EMS and it is close to $600,000 and when we did an RFP, the firms that came back were extremely high. Staff does not have the authority to change the job description and we are giving recommendations and Council has the last say so. This is a draft, just a proposal and this body will have the final decision. We are addressing the needs of this City; we would like to fill or freeze the Superintendent’s position and look at hiring a Public Works Director that has experience in running the department and knows about the different areas. That is what is needed and that is his recommendation.

Myra Bettencourt, 1584 Duke commented that we are replacing the Superintendent’s position with a Director’s position. We lost a great Police Chief and a Public Works Superintendent to Gustine. It is their gain.

City Manager Ramirez stated that he wanted to educate the speakers. The requirements are very different. He provided an explanation of every community’s needs. That is why we do modifications, we are looking at the best fit and the requirements and the needs of the City.

Debra Lopez stated that Mr. Ramirez mentioned freezing the position and asked how long will it take to fill the position?

City Manger Ramirez noted that we hope to have this wrapped up tomorrow and then get it out to the public. We have a contract with EMS that is expired and on going and we are very appreciative of that. There are no issues on the wastewater side.

On the water treatment side, however, we have one well, Well 16 that by July needs a Grade III in water in order to be compliant. As far as collections and distribution, we have staff on board in those areas. The Assistant City Manager has taken on the load as well as himself of those that do not require the certifications. And wastewater that is EMS and on the water side we need a Grade III by July.

He shared that Tony Avina has a Grade II.

Council Member Vierra asked that on page 2 what is a division activity.

City Manager Ramirez provided an explanation.

Council Member Vierra stated on the last page it needs to be three years in a supervisory and management capacity; he would like it to read differently.

Council Member Samra stated under the certification, he didn’t see anything that lists streets.

Senior Administrative Analyst Rasmussen stated that with all the job descriptions that she reviewed she noticed nothing that stated certification for streets.

City Manager Ramirez noted that our engineer usually handles all the street issues.

Council Member Samra asked if we could make sure that all of our certifications are listed on streets.

Council Member Vierra stated that with all the construction on SR 99, someone must know how that works.

Council Member Samra commented that city engineers do most of that stuff; we need to fulfill the entire requirement that we have.

Assistant City Manager Ortiz stated that the current salary schedule has six ranges. The first step being 71, $7,195 per month; highest step 75, $9,652 per month.

Council Member Land asked what the salary is for the Superintendent.

Assistant City Manager Ortiz shared the salary ranges.

Council Member Land asked what we are paying out for EMS. Staff noted the average monthly cost for services provided by EMS.

Council Member Vierra asked how we are advertising.

City Manager Ramirez noted through Jobs Available and Western Cities.

Council Member Land commented so are we looking at a 30 day deadline.

Council Member Samra stated that if we don’t have anyone on board, would the water board come and shut off our pumps

City Manager Ramirez gave an explanation.

Council Member Samra suggested to maybe having a Plan B. Talk to a neighboring city to borrow their employee. Maybe Atwater has someone doing this.

City Manager Ramirez said that was a good suggestion. On the wastewater side Foster Farms mentioned that we could ask them for assistance.

Motion: M/S Espinoza/Land to approve the Director of Public Works job description with modifications and to advertise for 30 days.

The motion carried 3-1 by the following roll call vote:

AYES: Council Members: Espinoza, Land, and Samra

NOES: Council Members: Vierra

ABSENT: Council Members: Aguilar

ADJOURNMENT

The meeting was adjourned by consensus at 7:00 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: July 3, 2012

______________________________

Mayor or Mayor ProTempore

The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.

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