Minutes of Meeting Held on November 20, 2012.

Meeting Date: January 15, 2012

Agenda Item #5. Minutes of Meeting Held on November 20, 2012.

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MEETING MINUTES

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

NOVEMBER 20, 2012

A Closed Session/Regular Meeting of the Livingston City Council was held on November 20, 2012, in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSION

Cancelled.

REGULAR MEETING

CALL TO ORDER

Mayor Espinoza called the meeting to order at 7:03 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Margarita Aguilar

Council Member Frank Vierra (Excused Absence)

Council Member Theresa Land

Council Member Gurpal Samra

CLOSED SESSION ANNOUNCEMENTS

No announcements were made.

CHANGES TO THE AGENDA

None.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of Lifesaving Award to Officer Nick Kirk by Chief Ruben Chavez and Sgt. John Ramirez.

Police Sgt. John Ramirez presented the item.

Mayor Espinoza thanked Officer Kirk for all he has done for the City and his achievements.

Council Member Land thanked Officer Kirk for all he has done for the City as well. She shared that she had the privileged to do a ride along with Officer Kirk and he conducted himself in a very professional and courteous manner.

Council Member Samra also thanked Officer Kirk for doing his best for the Livingston Police Department.

Mayor Pro-Tem Aguilar extended her gratitude to Officer Kirk and his family for being there.

City Manager Ramirez thanked Officer Kirk and his family for being there and to Sgt. Ramirez for bringing this forward tonight for Council recognition.

2. Introduction of Livingston Middle School Roadmap Team, Public Safety Announcement on Livingston’s Social Host Ordinance by Chief Ruben Chavez, Council Member Theresa Land, and Christopher Jensen, Alcohol and Drug Specialist, Merced County Department of Mental Health.

Christopher Jensen presented the item.

Council Member Land thanked Mr. Jensen and Matt Mucci and his group for putting the awesome video together.

Mayor Espinoza also thanked the group for their efforts and stated that hopefully the video will be seen in all Merced County schools.

GRANT ANNOUNCEMENTS

None.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Supervisor Pedrozo announced that he will be around for another four years and he is still very happy to represent the City of Livingston.

City Staff Announcements and Reports.

Police Chief Chavez gave a department update on the following: Community Outreach; Burglary Action Plan; Everbridge Mass Notification System.

On behalf of the Livingston Parks and Recreation Commission, Chair David Blevins reported that on Saturday a group of people got together and laid the sod for the Lil Guys and Gals Field. A donation of turf was made by West Coast Turf. They rolled out the turf and Public Works installed sprinklers. He thanked everyone who helped for coming out.

Director of Public Works Molina gave an update on department projects. He commented that some street lights had gone out after the first storm and those have all been replaced.

Mayor Pro-Tem Aguilar thanked the Public Works Department for all the work they have been doing around town.

City Manager Announcements and Reports

City Manager Ramirez reported that there are workshops being scheduled at City Hall on November 29th at 9:00 a.m. to address legislative items. Several propositions have passed and even though Proposition 30 passed and it is a good thing, the proposition is not going to protect the enterprise zone. He reported that the Parks and Recreation Commission meeting was cancelled, but if any items needed to be addressed to please let him know.

City Council Members’ Announcements and Reports.

Council Member Land commented on Red Ribbon Week. She noticed the Police Department Explorers as they led 76 students downtown to decorate for the event.

Council Member Samra wished everyone a Happy Thanksgiving.

Mayor Pro-Tem Aguilar noted that Thanksgiving is coming up and to please make sure that we salute our troops. She thanked those that had supported her through these difficult four years. Mayor Pro-Tem Aguilar asked Council Members to remember why they are serving and that is for the citizens. It is not going to be easy; make their calls on the facts. She wished them all good luck.

Mayor’s Announcements and Reports.

Mayor Espinoza thanked the out-going Council Members for their hard work and dedication to the City. He again mentioned the sound system through Charter and the difficulty television viewers at home are having listening to the meeting. There is still a problem and he knows Charter’s contract has expired so we need to be looking into that.

He also asked the 4th of July Committee to consider assisting the City offset a deficit of $4,500 from the last festival as he is aware that the Committee profited about $10,000.

City Council Future Agenda Item Requests.

None.

PUBLIC HEARINGS

None.

CITIZENS COMMENTS

Katherine Schell Rodriquez, P.O. Box 163 had the following questions for the City

Manager and City Attorney: Have there been any significant changes to the Brown Act since 2008? Is there any legal reason to prevent the incoming Council Members from attending Utility Rate Stakeholders Committee meetings? Will the written guidelines given to the Council before the Prop 218 hearings be made available to the public? When will the independent audit for the fiscal year 2012 be ready? When will the mid-year budget review for this fiscal year take place? If a group of residents would like a street light installed near their homes what do they need to do to get one?

City Attorney Sanchez stated there have been some changes to the Brown Act; a lot of the portions don’t have to be followed anymore. The League of California Cities encourages everyone to keep following the Brown Act. Regarding Council Member-elects attending Stakeholders meetings, there is nothing that says a Council Member cannot attend. Regarding the written guidelines for Prop 218, it is not a requirement for cities to have a resolution stating the guidelines. Some cities put out a resolution before they send out the notices. We will be bringing that back to Council as the lead road map, either as a resolution or as a discussion item with the new Council.

City Manager Ramirez stated that the mid-year budget review will be in late December or early January. Regarding the street light, he would need to check if it they would go through the City or directly through PG&E. The audit is expected to be completed in early December if the auditor’s contract is approved tonight.

Jim Soria, 2868 Franquette Court thanked Mayor Pro-Tem Aguilar and Council Member Land for their years of service; he is looking forward to an easy transition. He also thanked City Hall staff and the Police Department for all the information they have given him; everyone has been very professional.

Warren Urnberg, 1331 Eighth Street wished the ladies well. He said he hasn’t seen anything in the newspaper yet regarding the Planning Commission seats.

CONSENT CALENDAR

1. Approval of Warrant Register Dated November 16, 2012.

Motion: M/S Samra/Aguilar to approve the consent agenda item. The motion carried 4-0 by the following roll call vote:

AYES: Council Members: Espinoza, Land, Aguilar and Samra

NOES: Council Members: None

ABSENT: Council Members: Vierra

DISCUSSION AND POTENTIAL ACTION ITEMS

1. Resolution Approving a Professional Audit Services Agreement between the City of Livingston and Bryant L. Jolley, CPA, and Authorizing the City Manager to Execute the Agreement.

City Manager Ramirez presented the item.

Katherine Schell Rodriquez, P.O. Box 163 commented that the results of the audit have to be filed with the state within a certain timeframe. She asked if the audit is not done and turned in by that time does the City have to submit a letter explaining why they missed the deadline. She also asked if they will be getting more details on which expenses were reallocated and how much and how that impacted our financials.

City Manager Ramirez stated that it is not our intention to submit the audit late, and he does not know of any issues of the state fining for late submittal.

Assistant City Manager/Finance Director Ortiz stated that the major adjustments were done two to three years ago. We are reviewing the allocations and have noticed that some minor allocations of liability and property insurance in this area were too high.

City Manager Ramirez added that we could outline those areas in our budget workshops. A quick example would be if one of our employees is working in the water enterprise fund for only 25% of the time, but we are allocating 30%, this would be a misuse of public funds. However, we have to look at all of the allocations to make sure where they are spending their time.

Mayor Pro-Tem Aguilar thanked Mr. Ortiz for his hard work and efforts and noted that most of these things were done by previous management. She again commended Mr. Ortiz for his dedication and to those that have been helping him.

Motion: M/S Aguilar/Samra to adopt Resolution No. 2012-75 approving a Professional Audit Services Agreement between the City of Livingston and Bryant L. Jolley, CPA, and authorizing the City Manager to execute the agreement for three (3) years. The motion carried 3-1 by the following roll call vote:

AYES: Council Members: Espinoza, Aguilar, and Samra

NOES: Council Members: Land

ABSENT: Council Members: Vierra

2. Resolution Adopting the Wastewater Utilities Operator-in-Training (OIT)/Operator I, II and III Job Descriptions and Corresponding Salary Schedules.

City Manager Ramirez presented the item.

Council Member Land noted that this item was on the last meeting agenda and she still feels the same way. She understands the cost savings, but we do not need to be spending too much on these salaries.

Council Member Samra added that no one watches these enterprises as closely as he does and we have to make changes. He doesn’t know how much we could save by adjusting the salaries, but we need to hire qualified people as well.

Mayor Espinoza stated that we are heading in this direction because we are trying to save money and hopefully this will do.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2012-76 adopting the Wastewater Utilities Operator-in-Training (OIT)/Operator I, II and III Job Descriptions and Corresponding Salary Schedules. The motion carried 3-1 by the following roll call vote:

AYES: Council Members: Espinoza, Aguilar, and Samra

NOES: Council Members: Land

ABSENT: Council Members: Vierra

3.Request City Council Authorization to Initiate Recruitment for Two Full-Time Positions Within the Adopted Wastewater Utilities Operator-in-Training (OIT)/Operator I, II and III Group/Classifications.

City Manager Ramirez presented the item.

Council Member Samra commented that we approved the three positions which he was totally for and he strongly urged management to recruit for OIT’s I and II. He personally would not like to see recruitment for an OIT III put out there at this time. Council Member Samra mentioned that we have a person with a Grade V already and he feels it would be a waste of money at this time.

Public Works Director Molina noted that an OIT I or II would suffice for the time being. He has had discussions with EMS about the plant classification and more to get final and clear classification of our facility which he should be hearing about soon.

Mayor Pro-Tem Aguilar asked if an OIT I and II would be okay.

Director of Public Works Molina stated that an OIT I and II would be fine; however, we must ensure that the people we bring on board meet our expectations.

City Manager Ramirez added that if we bring on two operators and we need three we can always come back to Council.

Mayor Espinoza asked if we brought on an OIT II would that be sufficient for the reports that we do.

Director of Public Works Molina stated that we stay in constant contact with the state and if there are any issues that come up hey will work with us. We will start building a good relationship with the state board and let them know our staff is qualified.

City Manager Ramirez added that our plant goes through the certifications based upon the amount of gallons that we treat and there is a chart that you look at to determine if the City facility is at a Grade II or III level. We found that we are a Grade III. Now we are going to ask the state that we want the determination in writing so we know what of kind guidelines that we fall under.

Motion: M/S Aguilar/Samra to authorize staff to initiate the recruitment for two full-time positions within the adopted Wastewater Utilities Operator-in-Training (OIT)/Operator I, II and III Group/Classifications. The motion carried 3-1 by the following roll call vote:

AYES: Council Members: Espinoza, Aguilar, and Samra

NOES: Council Members: Land

ABSENT: Council Members: Vierra

7. Approval of Investigation Report for Crimetek Security to Operate a Private Patrol Service in the City of Livingston and Authorizing Staff to Set a Public Hearing to Consider Approval of Crimetek’s Business License Application.

City Manager Ramirez presented the item.

City Attorney Sanchez stated that the current Municipal Code has a process for private patrol and in the future we may need to amend the Code. He relayed the process for this business license application and made sure that everyone understood that Crimetek is not working for the City.

Motion: M/S Samra/Espinoza to approve the Investigation Report for Crimetek Security to operate a private patrol service in the City of Livingston and authorize staff to set a Public Hearing to consider approval of Crimetek’s Business License application. The motion carried 4-0 by the following roll call vote:

AYES: Council Members: Espinoza, Aguilar, Land and Samra

NOES: Council Members: None

ABSENT: Council Members: Vierra

8. City Council Direction to Staff Regarding Cancellation of January 1, 2013, Regular Meeting.

City Manager Ramirez presented the item.

Mayor Espinoza noted that due to holiday days off staff does not have the appropriate time to put together the agenda.

Council Member Land said she was confused by this. There are three Council Members that will not be here for that meeting and it should be up to the new Council Members to make this decision. Mayor Pro- Tem Aguilar agreed.

Council Member Samra asked to table this item until the meeting of December 4th.

Motion: M/S Samra/Land to table this item to the December 4th regular meeting. The motion carried 4-0 by the following roll call vote:

AYES: Council Members: Espinoza, Aguilar, Land and Samra

NOES: Council Members: None

ABSENT: Council Members: Vierra

ADJOURNMENT

The meeting was adjourned by consensus at 8:38 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: January 15, 2013

______________________________

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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