Minutes of Meeting Held on November 08, 2012

Meeting

Date: January 15, 2012

Agenda Item #4. Minutes of Meeting Held on November 8, 2012

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MEETING MINUTES

SPECIAL MEETING

LIVINGSTON CITY COUNCIL

NOVEMBER 8, 2012

A Special Meeting of the Livingston City Council was held on November 8, 2012, in the City Council Chambers with Mayor Espinoza presiding.

SPECIAL MEETING

CALL TO ORDER

Mayor Espinoza called the meeting to order at 7:00 p.m.

ROLL CALL

Mayor Rodrigo Espinoza

Mayor Pro-Tem Margarita Aguilar (Excused Absence)

Council Member Frank Vierra (Excused Absence)

Council Member Theresa Land

Council Member Gurpal Samra

CITIZENS COMMENTS

None.

DISCUSSION AND POTENTIAL ACTION ITEMS

1. A Resolution of the City Council of the City of Livingston Selecting a Solid Waste Hauler and Approving an Agreement with the Hauler for Solid Waste Services

City Manager Ramirez presented the item.

Katherine Schell Rodriquez, P.O. Box 163 asked when the initial term will be and when the remainder term will be. She added that the term agreement is nine years and asked if that was correct.

City Manager Ramirez responded that the reasoning for the additional term and the remainder term was because we were in an election period. It was decided to have an opportunity to educate the Council and the public a little more so we reached out to the different vendors and asked if they were open to the possibility to keep the same rates that we currently had in place for a certain term.

City Attorney Sanchez added that the initial term would end March 31, 2013, and the total term would be 10 years and all of the haulers have agreed to keep the same rates for the initial term so there will be no increase.

Ms. Schell Rodriguez asked so even if the blanks have not been filled in it is the intention of the City to have the initial term end on March 31, 2013, meaning that the whole Proposition 218 process for waste hauling will be wrapped up by then.

City Attorney Sanchez responded yes.

Ms. Schell Rodriguez added then the actual contract blanks will get filled in after the Council picks a hauler.

City Attorney Sanchez apologized and noted that those dates should have been filled in.

Council Member Land referred to page 11, section 18A and asked if all haulers were in agreement with this.

City Manager Ramirez responded yes, all three have agreed.

Richard Gilton, Gilton Solid Waste Management, Inc. stated that the question was news to them.

Mayor Espinoza added that he didn’t believe it would be a problem.

Council Member Land stated but the contract states 10 miles.

City Attorney Sanchez added that tonight’s direction is to finalize the agreement.

Council Member Land asked if the contract will come back to Council for approval.

City Attorney Sanchez replied no, it would not come back because it would be in the form approved by Council tonight.

Council Member Land said that on the same page it noted that we log complaints and asked is this our normal practice?

City Manager Ramirez responded that our current practice is whether it be Gilton or the City we do get calls and they are logged.

Council Member Land asked if the complaints are made and logged are they available to the public.

City Attorney Sanchez stated that we will also be looking into what we will be disclosing to the public. He gave an explanation of the Public Records Act.

Council Member Land made reference to page 12 and asked what the City plans to do with the scavenging.

City Attorney Sanchez responded that it is very important to know about the instances of the scavenging. Under the Municipal Code one of the things they have been looking at specifically is this. He gave an explanation on mandates with the scavenging and if additional regulations are needed or not.

Council Member Samra thanked everyone. He stated that we have some good and reputable contractors. He asked if the cities are required to do green waste.

City Attorney Sanchez responded that he is up to date on the recycling and as far as green waste he asked the City Manager if they looked at that.

Council Member Samra asked what the state requirements are.

City Manager Ramirez added that there is no state mandate that you have to do a green waste diversion.

Council Member Samra added that he knows there is a certain percentage of diversion and asked if we are already hitting our recycling rates.

Dennis Schuler, Gilton Solid Waste Management explained that no, you do not have to do green waste diversion and the answer to the second question is yes, you do have a major industry here that has accounted for most of green waste diversion. So this has maintained the choice in just having waste management and just revolving around collecting trash. It is being proposed now because historically within all the jurisdictions in the valley it is very easily identified and has the least cost for the rural communities.

City Manager Ramirez added that Merced County Waste Management through its green waste program is trying get as much green waste in order to convert that into compost themselves. There has been talk about this the last 6-7 months and about the tipping fees for service going up. They know that if this program was eliminated it would be very costly for the residents.

Council Member Samra asked if MCAG was going to require cities to comply with the green waste program

Mayor Espinoza added that they just bought the green machine and their dumping fees were going to go up.

Council Member Samra asked so they want to have the residents pay an additional fee for the green waste can. He questioned whether it would be cheaper for the City to do it and have them sort the garbage that they are going to dump.

Mayor Espinoza commented that it would cost more in fuel.

Council Member Samra noted that people are having to pay to do their work and he doesn’t believe it is right. His question is if we opt for a single can and down the road we are required to go to a second can system is the hauler willing to adjust the contract?

Mayor Espinoza said yes, we have the termination with cause clause and we can cancel with a one year notice.

City Manager Ramirez added that the rates need to be analyzed.

Council Member Land added that we sent out an RFP for a two can system and now a one can system is being suggested.

Council Member Samra added that some haulers submitted a one can system.

Council Member Land stated that the RFP has been out for several months and it is not right to ask this now.

Mayor Espinoza added that yes, a couple of contractors did include a single can system and it is a little confusing.

Council Member Samra added that he was originally opposed to the two can system so it never hurts to ask and he was hoping to go to the one can system so we could make whatever decision we want to make. Also if we do go to the two can system the top companies are Mid Valley and Gilton and they are close to each other cost wise. He asked the City Manager for the total cost for Mid Valley and Gilton.

City Manager Ramirez responded $16.95 and $15.95, respectfully.

Council Member Land shared that she attended a tour of all three of the facilities and thanked all the haulers.

Council Member Samra added that he did not have a chance to visit the facilities.

Council Member Land made a motion to adopt a Resolution selecting Mid Valley Solid Waste as the hauler and approving an Agreement with Mid Valley for solid waste services. The motion failed due to a lack of a second.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2012-74, a Resolution of the City Council of the City of Livingston Selecting Gilton Solid Waste Management, Inc. as the Hauler and Approving an Agreement with Gilton for Solid Waste Services. The motion carried with a 2-1 vote, but the motion failed due to a majority vote:

AYES: Council Members: Espinoza, Samra

NOES: Council Members: Land

ABSENT: Council Members: Vierra, Aguilar

Motion: M/S Samra/Espinoza to adopt Resolution No. 2012-74, a Resolution of the City Council of the City of Livingston Selecting Gilton Solid Waste Management, Inc. as the Hauler and Directing Staff to Work on a Contract Agreement with Gilton to be Approved at a Later Date. The motion carried 2-1 by the following roll call vote:

AYES: Council Members: Espinoza, Samra

NOES: Council Members: Land

ABSENT: Council Members: Vierra, Aguilar

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 stated that the salary schedule on Exhibit B seemed high. She noted that it was higher than Atwater, but less than Turlock.

Assistant City Manager Ortiz added that the reasoning for higher salaries was to try and attract more qualified applicants since these positions are hard to fill.

Director of Public Works Molina stated that Atwater is a private operator. Also in most cases most of them are wastewater operators only, but we are also asking our staff to perform within the collection systems and they will be maintaining as well.

Council Member Samra asked if we need to have a Grade III operator, and since you have a Grade V is there a need to have another person at that level.

Director of Public Works Molina added that the state can be difficult on how they want the facility operated. He gave an explanation on a Grade III operator.

Motion: M/S Samra/Espinoza to approve Resolution No. 2012-75 Adopting the Wastewater Utilities Operator-in-Training (OIT)/Operator I, II and III Job Descriptions and Corresponding Salary Schedules. The motion carried with a 2-1 vote, but the motion failed due to majority vote:

AYES: Council Members: Espinoza, and Samra

NOES: Council Members: Land

ABSENT: Council Members: Vierra, Aguilar

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

Council Member Samra asked that this item be tabled and continued to the next meeting.

ADJOURNMENT

The meeting was adjourned by consensus at 8:17 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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