HomeMy Public PortalAboutM 2014-02-04 - CC LYNWOOD CITY COUNCIL
REGULAR MEETING
February 4, 2014
Item #1. CALL TO ORDER
The City Council of the City of Lynwood met in a regular meeting in the Council
Chambers, 11330 Bullis Road, Lynwood, CA on the above date at 6:06 p.m.
Mayor Castro presiding
Item #2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quinonez announced that the agenda had been duly posted in accordance
with the Brown Act.
Item #3. ROLL CALL
PRESENT: COUNCIL MEMBERS ALATORRE, SANTILLAN-BEAS, SOLACHE,
HERNANDEZ AND CASTRO
ABSENT: NONE
STAFF PRESENT: Interim City Manager Warne, City Attorney Garcia, City Clerk
Quinonez and City Treasurer Gonzalez
Item #4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Alatorre. •
Item #5. INVOCATION
The Invocation was given by Reverend Robert Robinson.
Item #6. PRESENTATION/PROCLAMATIONS
• Sheriff Captain Ernie Chavez — Update on Law Enforcement Issues
Captain Ernie Chavez commented on the gang detection search warrant held on
January 29th held at the Century station; during the search, they found narcotics and
guns. Captain Chavez also reported on Ham Park surveillance regarding illegal drugs
and prostitution in Long Beach Boulevard. Lastly, he stated in efforts to prevent traffic
accidents and loud party noise, measures were taken to safeguard the City.
Mayor Castro inquired whether there were any citations during the call for violation of
the noise Ordinance.
Captain Chavez answered no.
Council Member Alatorre thanked the Captain for keeping the streets clean and for
citing commercial vehicles that were in violation.
Mayor Castro requested for Captain Chavez to report repetitive party calls to code
enforcement in order for the City to find a solution.
Captain Chavez advised the community to request a watch commander in case loud
party noises were continuous. In addition, Captain Chavez thanked the staff for
attending the public safety dinner.
• City Council Members Reporting on Meetings Attended (Gov. Code
Section53232.3 (D)) —
Council Member Santillan-Beas reported attending the Independent Cities Association.
She provided examples and statistics on active shooters. The message being
conveyed was to be prepared in a situation as first responders. Council Member
Santillan-Beas stated the average response time was two minutes and emphasized on
the statement "see something say something."
Council Member Alatorre reported attending Independent Cities Association meeting he
made reference to Captain Gooden's statement "see something say something," and
stated they needed to inform their community. He stressed the importance,of being
trained and prepared, especially amongst employees. He also commented on attending
the 710 project for updates.
Council Member Solache thanked the Gospel Brunch committee for the event held on
Saturday. He also reported on attending the League of Cities where he was able to
interact with various Council Members from various cities. Council Member Solache
commented on the cash for Chunkers success and support from the media, especially
Carlos Alvarez who will be leading an exercise activity on Saturday February 8, 2014 at
10:00 p.m. in Ham Park. Furthermore, he requested staff to place the water bill in both
Spanish and English.
Mayor Castro reported on attending the State of the Union Address. Ms. Castro stated
President Obama did not extend benefits for unemployment and added Congress
needed to create programs in order to assist unemployed citizens. President Obama
also spoke on Give America a Raise; Ms. Castro stated people need to be
compensated with a fair wage to sustain their family. Mayor Castro added Obama
mentioned economic growth and Immigration Reform during his speech. Lastly, The
Director of SBA and Congresswoman Janice Hahn, met with Sarah Magana Withers to
discussed small businesses and lend loans to small corporations. The SBA streamline
the application process and proposed to come to the City of Lynwood and coordinate a
workshop for new business owners.
Mayor Castro presented the Black History Month Proclamation to members of the
African-American Heritage Committee. Ms. Castro stated the committee helped
Senator Lara with the Gospel Brunch held on Saturday, February 1st, 2014.
The following members of the African-American Heritage Committee accepted the
proclamation and said a few words: •
Ms. Reed commented on the attendance for Saturday's brunch. She also announced
an upcoming Blues Festival at Bateman Hall to be held on the 22nd of February 2014. A
$10.00 fee for the tickets will be charged in order to pay for the entertainment such as
Barbara Morison.
A member of the African-American Heritage Committee stated participating in a
demonstration in the state of Louisiana during the 1960's and was aware of what the
African American movement entailed.
Pastor Lee Finny stated he came back to Lynwood to share his experience and give
back to the community. He thanked the Council Members and the Mayor for the
recognition.
Ms. Jones stated she was excited to be part of the committee and thanked City Council
for their invitation.
Iris Pygat mentioned her participation in annual African-American parades and her
husband's involvement during the riots in the south. She stated her husband and her
were fighting for rights during the civil rights movement and was glad to participate in
Lynwood's events.
Jenny Mams commented on her role as a mother and wanted to help people anyway
she could.
Mayor Castro stated the music came from the African-American slaves.
Mayor Castro thanked Julia Juarez, a representative from Senator Lara's office for
Saturday's event and asked if she wanted to speak at the podium.
Ms. Juarez thanked the City Council on behalf of Senator Ricardo Lara for hosting the
event on Saturday and stated she looked forward to the future.
Mayor Castro acknowledged Gary Hardie as one of the new school board member as
well as the new City Treasurer Yolanda Rodriguez Gonzalez.
Item #7. COUNCIL RECESS TO:
• CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE LYNWOOD
REDEVELOPMENT AGENCY
It was moved by Council Member Santillan-Beas, seconded by Council Member
Solache to recess to the Lynwood Successor Agency at 6:49.
• LYNWOOD PUBLIC FINANCE AUTHORITY
It was moved by Council Member Solache, seconded by Council Member
Alatorre to recess to the Lynwood Public Finance Authority at 7:15 p.m.
The City Council reconvened at 7:21 p.m.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
Juan Ramirez commented on item #21. He stated he was a certified interpreter and
thanked the Council for their consideration in continuing to provide interpretation
services. He stated the agreement needed a correction to the word "translation" to "oral
interpretation." He continued to state that over several years of enhanced services,
there had been no additional cost and also added 3 interpreters at no added cost. He
stated they had been responsive to resident's needs as well as staff needs and looked
forward to continue working for the City of Lynwood.
Harry Gibbens commented on Items #25 and #27. Mr. Gibbens stated his concerns for
Item #25- pertaining to the temporary modular offices and added that the offices have
been there too long. He asked Council to consider two stories for new buildings and
solar panels in efforts to save the City money. For Item #27, Mr. Gibbens stated it was
more beneficial for Ms. Withers to remain working as the director of Community
Development Services and keep Richard Warn as the permanent City Manager due to
his experience.
NON-AGENDA PUBLIC ORAL COMMUNICATIONS
Antonio Munguia commented on the chamber of commerce funds. He stated the
previous trash hauler representative helped their group by purchasing coffee and
supplies for the block watch meetings, where this new representative from WRI did not
provide help because the money was given to the City for Council to assign to
community groups. He asked for Council to remember the block watch for their annual,
event. He also requested to have a thorough background check for future City
Treasurer candidates.
For the record, Mayor Castro stated "I think I know what you're talking about... that
was not something that was decided by the City Council and we've addressed that,
thank you very much for bringing it to our attention."
Mr. Munguia stated he was surprised because the questions were very specific:
Mayor Castro apologized for engaging and stated she rarely does so; however, she
stated there were procedures and policies in place that need to be followed and have
addressed this concern.
Irene Garcia thanked the sheriffs for being present while a car was rolling her way. Ms.
Garcia also mentioned notices for trash needed to be cited in English and Spanish. '
Doriye Colman provided the City Clerk with reading material to provide to Council and
commented on helping the youth. He brought his business partner to the podium.
Lee Finny stated it was their mission to provide and engage youth in various programs
and college awareness. He sated their program consisted of three pillars which were
academics, arts and athletics. Furthermore, Mr. Lee mentioned their desire to give back
to the community and partner with Lynwood Unified School District as well as Lynwood
City Council at low to no cost for their services.
PUBLIC HEARING
Item #8. PUBLIC HEARING REGARDING BUSINESS LICENSE SUSPENSION
OF LOS GLOBOS COCKTAIL COUNGE/BAR LOCATED AT 3158
MARTIN LUTHER KING JR. BOULEVARD
Mayor Castro stated for the record, "I'll go ahead and do this, Mr. City Attorney, I
received a message from you that this item is going to be tabled for the February 18th
meeting, would you like to report on that?"
City Attorney stated for various reasons, the attorneys for Los Globos provided a letter
and made a phone call to raise issues concerning both parties (City Attorney and Los
Globos' attorneys). In order to protect the City, City Attorney Garcia outlined concerns
and advised to close Los Globos until after the February 18th public hearing.
Furthermore, Mr. Garcia advised to table the public hearing for the next City Council
meeting with the condition that Los Globos remain closed until after the public hearing.
Council Member Santillan-Beas asked if they could have public speakers speak item
and leave it open for the next meeting.
City Attorney stated in general it was allowed; however, in order for Los Globos to
remain closed, they requested for all public speaking to be suspended until the next
council meeting. City Attorney Garcia advised council to hold all public speaking until
the next Council Meeting.
Alatorre asked if Council could ask questions.
Mayor Castro stated for the record, "Again, there will be no public hearing today until
February 18th."
City Attorney recommended holding all questions and, comments until the next Council
Meeting.
It was moved by Council Member Santillan-Beas, seconded by Council Member
Alatorre to open the public hearing.
As a consensus, Council moved City Council Oral and Written Communications after
New/Old Business. .
CONSENT CALENDAR
Council Member Solache pulled'Item #9.
Council Member Alatorre pulled Items #13 and #16.
Mayor Pro Tern Hernandez pulled Item #19.
Mayor Castro stated for the record, "We are approving Items #10, 11, 12, 14, 15; 17,
18."
It was moved by Council Member Solache, seconded by Council Member Santillan-
Beas to approve the consent calendar and receive and file staff reports.
AYES: COUNCIL MEMBER ALATORRE, SANTILLAN-BEAS, SOLACHE
HERNANDEZ AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #9. Council Member Solache pulled Item #9 - MINUTES. OF PREVIOUS
MEETINGS:
Regular Meeting — September 3,2013
Special Meeting — September 11, 2013
Special Meeting —January 28, 2014
Council Member Solache abstained from the minutes for previous regular meeting held
on September 3, 2013 and special meeting held on September 11, 2013 because he
was not present.
It was moved by Mayor Castro, seconded by Council Member Santillan-Beas to
approve the minutes of previous meetings.
AYES: COUNCIL MEMBER ALATORRE, SANTILLAN-BEAS, HERNANDEZ
AND CASTRO
NOES: NONE
ABSTAIN: COUNCIL MEMBER SOLACHE
ABSENT: NONE
Item #10. APPROVAL OF THE WARRANT REGISTER
RESOLUTION NO. 2014.016 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ALLOWING
AND APPROVING THE DEMANDS AND WARRENTS THEREFORE
Staff's recommendation approved.
Item #11. CALIFORNIA OIL RECYCLING . ENHANCEMENT ACT USED OIL
GRANT
RESOLUTION NO. 2014.017 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE APPROPRIATION OF $21,906 FROM THE USED OIL RECYCLING GRANT
FUND (FUND 3621)
Staffs recommendation approved.
Item #12. TREASURE'S QUARTERLY INVESTMENT REPORT
Staffs recommendation approved.
Item #13. Council Member Alatorre pulled item #13 - REQUEST FOR PROPOSAL —
CONTRACT FOR BUILDING PLAN-CHECK AND BUILDING
INSPECTION SERVICES
Council Member Alatorre asked whether the maximum amount was $150,000 per
consultant or if the $150,000 was the flat fee.
Director of Development Services, Jonathan Colin stated the contract is not to exceed
the amount of $150,000 for all consultants.
Council Member Alatorre stated that the math did not add up.
Jonathan stated that one of their consultants does the blank check services scheduled
on Wednesdays while the other consultant does the building inspections. Mr. Colin
stated they have not used the entire amount of $150,000 because their services were
only required on an as needed basis. When something is being brought up for a blank
check the Development Services Department is checking for various items.
Alatorre asked whether this was the first or second year of the contract and the amount
of money spent on the first year.
Jonathan stated this was the second year into the contract and added they did not have
an accurate number for the money spend for fiscal year 2012/2013.
Alatorre asked whether there was a need to staff people in-house or whether the
consultants worked out of their offices.
Jonathan stated that the agreement for Infrastructures allowed to house one part-time
clerical employee for phone traffic, MPR's and scheduling inspectors. Mr. Colin stated
this employee worked for about nine to ten hours a week.
Mayor Castro asked Council Member Alatorre if he wanted certain specifications on the
RFP.
Alatorre requested a green memo with a report regarding the progression of
Infrastructures.
Mayo Castro requested formal communication between Development Services and
Community Development. She provided an example as to why departments .needed to
communicate with one another.
Council Member Alatorre made a motion, seconded by Council Member Santillan-Beas
to approve staff's recommendation.
AYES: COUNCIL MEMBER ALATORRE, SANTILLAN-BEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #14. LYNWOOD LIGHTING ASSESSMENT DISTRICT, FY 2014-2015
RESOLUTION NO. 2014.018 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING
THE CITY ENGINEER TO PREPARE AND FILE A REPORT REGARDING THE
LYNWOOD LIGHTING ASSESSMENT DISTRICT, AS REQUIRED ' BY THE
LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15 OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA), FOR FISCAL
YEAR 2014-2015
Staff's recommendation approved.
Item #15. LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, FY
2014-2015
RESOLUTION NO. 2014.019 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING
THE CITY ENGINEER TO PREPARE AND FILE A REPORT REGARDING THE
LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, AS REQUIRED
BY THE LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15
OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF THE STATE OF
CALIFORNIA), FOR FISCAL YEAR 2014 -2015
Staff's recommendation approved.
Item #16. Council Member Alatorre pulled item #16 - INFORMAL REQUEST FOR
BIDS FOR CITY SURVEILLANCE CAMERAS
RESOLUTION NO. 2014.020 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE PURCHASE OF 3 VIDEO SURVEILLANCE CAMERAS
THROUGH AN INFORMAL BID PROCESS
Council Member Alatorre asked whether it was possible to purchase some cameras
controlled with a remote and also have the ability to shift in order to capture various
vantage points.
Mayor Castro requested for staff to clarify the reasons why some cameras can be
moved and others cannot through a green memo.
Council Member Solache stated it was a good idea for cameras to have the ability to
move to serve as evidence and security measures for areas of Lynwood that are
continuously being vandalized.
Council Member Santillan-Beas requested a green memo with a report on previous
cameras used to take pictures and voice commands.
It was moved by Council Member Alatorre, seconded by Council Member Santillan-
Beas to approve staffs recommendation.
AYES: COUNCIL MEMBER ALATORRE, SANTILLAN-BEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #17. CITY SURPLUS VEHICLES
RESOLUTION NO. 2014.021 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING
CERTAIN CTIY OWNED VEHICLES AND EQUIPMENT AS SURPLUS PROPERTY
AND AUTHORIZING STAFF TO DISPOSE OF SAID SURPLUS PROPERTY
THROUGH A PUBLIC AUCTION
Staffs recommendation approved.
Item #18. APPROVAL TO JOIN SURROUNDING CITIES IN A USED OIL
COMPETITIVE GRANT PROGRAM
RESOLUTION NO. 2014.022 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
SUBMITTAL OF A REGIONAL GRANT APPLICATION FOR CALRECYCLE GRANT
FOR THE USED OIL COMPETITIVE GRANT PROGRAM (FY 2013/14)
Staffs recommendation approved.
Item #19. Mayor Pro Tem Hernandez pulled item #19 - CONSIDER
APPROPRIATING* $2,500 TO THE GREATER LYNWOOD CHAMBER
OF COMMERCE FROM THE ANNUAL $100,000 CONTRIBUTION TO
COMMUNITY PROGRAMS BY THE CITY'S SOLID WASTE
CONTRACTOR FOR SENATOR RICARDO LARA'S GOSPEL BRUNCH
COMMUNITY EVENT
Mayor Pro Tern Hernandez stated the money was supposed to be used for the
community and the money needed to be used evenly amongst the community groups.
Mayor Pro Tern Hernandez stated they requested $25,000 to aid with the deficit and it
to help Senator Lara with the event.
Mayor Castro acknowledged previous Council Member Ramon Rodriguez. in the,
audience and stated she is glad he is doing well.
It was moved by Council Member Alatorre, seconded by Council Member Solache to
approve staffs recommendation.
AYES: COUNCIL MEMBER ALATORRE, SANTILLAN-BEAS, SOLACHE AND
CASTRO
NOES: NONE
ABSTAIN: COUNCIL MEMBER HERNANDEZ
ABSENT: NONE
NEW/OLD BUSINESS
Item #20. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING A CONTRACT FOR LEGAL SERVICES WITH TAFOYA &
GARCIA, LLP AND APPOINTING DAVID A. GARCIA AS CITY
ATTORNEY
RESOLUTION NO. 2014.023 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
A CONTRACT FOR LEGAL SERVICES WITH TAFOYA & GARCIA, LLP AND
APPOINTING DAVID A. GARCIA AS CITY ATTORNEY
Mayor Pro Tern Hernandez made a motion, seconded by Council Member Alatorre to
approve staffs recommendations.
AYES: COUNCIL MEMBER ALATORRE, SANTILLAN-BEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Mayor Castro officially welcomed Mr. Garcia as the new City Attorney.
City Attorney David Garcia stated he will represent the City to the best of his capability.
Item #21. CONSULTING SERVICES AGREEMENT WITH JUAN RAMIREZ, JD
FOR SPANISH TRANSLATION AND AMERICAN SIGN LANGUAGE
INTERPRETATION SERVICES
Mayor Castro stated Mr. Ramirez' correction needed to be reflected in the Resolution.
Council Member Solache publicly thanked the interpreters for their quality services.
RESOLUTION NO. 2014.024 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A
CONSULTING SERVICES AGREEMENT WITH JUAN RAMIREZ, JD FOR SPANISH
TRANSLATION AND AMERICAN SIGN LANGUAGE INTERPRETATION SERVICES
Council Member Solache made a motion, seconded by Council Member Alatorre to
approve staffs recommendations.
AYES: COUNCIL MEMBER ALATORRE, SANTILLAN-BEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #22. REQUEST FOR PROPOSALS FOR ELECTRONIC DATA PROCESSING
AND MAILING SERVICES AND REQUEST FOR CURRENT CONTRACT
EXTENSION
RESOLUTION NO. 2014.025 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING STAFF TO SEND OUT REQUESTS FOR PROPOSALS FOR
ELECTRONIC DATA PROCESSING AND MAILING SERVICES AND AUTHORIZING
THE MAYOR TO EXECUTE A THREE MONTH EXTENSION FOR THE CURRENT
CONTRACT
Council Member Santillan-Beas made a motion, seconded by Mayor Pro Tern
Hernandez to approve staff's recommendations.
AYES: COUNCIL MEMBER ALATORRE, SANTILLAN-BEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #23. REQUEST FROM ALL IN ENRICHMENT ACADEMY TO USE YOUTH
CENTER
Acting Director Recreation and Community Services Mark Flores introduced the item
and stated the MOU needed to be reviewed.
Mayor Pro Tem Hernandez asked whether the insurance would be provided by the City
or the company.
Mark Flores responded responsible parties and staffing would be addressed in the
MOU.
Council Member Santillan-Beas suggested limiting the program to Lynwood residents.
A representative from the program stated the program was exclusively for Lynwood
residents.
Mayor Castro requested for staff to be informed of any grants or federal fund ing that
became available in the future.
Mayor Pro Tem Hernandez inquired whether volunteers would have to pass a
background check.
The representative stated any person interacting with children will be required to pass a
background check before they had contact with a minor.
Mayor Castro stated she wanted this program to be respectful of the services in place
and did not want services to be duplicated. Mayor Castro stated,for the record, "I do.
have a very special interest...Mr. Donye Coleman's brother plays for the Packers you all
know I am a Packer fan so I am definitely expecting some Packer football players and
maybe some Arizona players come and visit and interact with our children and for some.
motivational speaking. You know it doesn't hurt to ask, they say ask and you shall
receive, so hopefully we receive."
Mr. Coleman stated he had communication with his brother and assured the Mayor he
would be able to make arrangements.
Mayor Castro stated there were many opportunities for fundraising and Council would
appreciate any donations of items to raffled or auctioned at City events. She also
requested for the two representatives to become members of the Chambers of
Commerce, so that they may be inclusive of the events in the City.
Hernandez requested for volunteers to be Lynwood residents.
Doriye Colman stated that was the premise of this program.
Mayor Castro asked the representatives to elaborate on the etiquette portion.
Mr. Flynn stated they would have an etiquette class every Wednesday teaching men
and women how to be respectable people. Their curriculum includes many components
one of which is grooming.
•
Council Member Solache commanded the gentlemen for their efforts and stated this
was a good opportunity to identify the common core framework.
Mark Flores inquired whether it was appropriate to modify the Resolution, to satisfy the
direction of the Council.
Mayor Castro stated the Resolution needed to reflect the adjustments made by Council
and asked if the MOU would come back with the appropriate ratifications for approval.
Mark Flores nodded his head in agreement with Mayor Castro.
RESOLUTION NO. 2014.026 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE USE OF THE YOUTH CENTER TO PROVIDE AN ACADEMIC ENRICHMENT
PROGRAM
Council Member Solache made a motion, seconded by Council Member Santillan-Beas
to approve staffs recommendations.
AYES: COUNCIL MEMBER ALATORRE, SANTILLAN-BEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #24. APPROVAL OF AN AGREEMENT WITH ITF AND ASSOCIATES —
BULLIS ROAD WATER MAIN PROJECT, PROJECT NO. 4011.67.982
Council Member Alatorre made a motion, seconded by Council Member Solache to
approve staffs recommendations.
RESOLUTION NO. 2014.027 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
AN AGREEMENT BETWEEN THE CITY AND ITF AND ASSOCIATES FOR DESIGN
SERVICES IN THE NOT-TO-EXCEED AMOUNT OF $7,878.50 FOR THE BULLIS
ROAD WATER MAIN PROJECT, PROJECT NO. 4011.67.982.
Item #25. CONTRACT EXTENSION FOR PACIFIC MOBILE STRUCTURES, INC.
FOR RENTAL OF 'TEMPORARY MODULAR OFFICE BUILDING,
PROJECT NO. 4011.67.011
Council Member Alatorre asked how much space has been utilized.
Interim City Manager Richard Warne stated it was more cost effective to rent rather than
purchase the offices.
Mayor Pro Tem Hernandez stated they inherited this problem and stated they were
going to spend half a million dollars.
RESOLUTION NO. 2014.028 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
A CONTRACT AMENDMENT FOR THE RENTAL OF TEMPORARY MODULAR
OFFICE BUILDINGS WITH PACIFIC MOBILE STRUCTURES, INC., PROVIDING UP
TO A TWO-YEAR CONTRACT TIME EXTENSION WITH A MONTH TO MONTH
EXTENSION NOT TO EXCEED SIX MONTHS AFTER THE TERMINATION DATE
AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AMENDMENT
Mayor Pro Tem Hernandez made a motion, seconded by Council Member Alatorre to
approve staffs recommendations.
AYES: COUNCIL MEMBER ALATORRE, SANTILLAN-BEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #26. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
REPEALING SECTIONS 14-1, 14-2, 14-3, 14-4, ,14-5, 14-8, 14-10 OF
CHAPTER 14 OF THE LYNWOOD MUNICIPAL CODE AND ENACTING'
ARTICLE 14 CHAPTER ONE OF THE LYNWOOD MUNICIPAL CODE
RELATING TO WATER SERVICE
Council Member Alatorre asked for the Mr. Warne to clarify what would be amended in
the Ordinance.
Interim City Manager Richard Warne stated they needed to update the old Ordinance
for water services with appropriate rules and regulations.
Council Member Alatorre asked what the funds were being utilized.
Interim City Manager Richard Warne stated the funds went back to the water enterprise
fund.
Mayor Castro suggested for the residents to review the budget which itemizes the
manner in which the department utilizes the funds.
City Attorney Garcia stated this Ordinance had been produced prior to his employment
with the City and noticed an issue under section 14-1.4. The Ordinance currently states
the City Manager and City engineer shall have the authority to adopt administrative
procedures. Mr. Garcia advised there will be procedures placed as to how the
implementation of the administrative procedures will be enacted.
Mr. Warne stated this Ordinance was reviewed by previous City Attorney Galante prior
to Mr. Garcia.
Mayor-Castro stated Mr. Warne found the City was not in compliance with the code for
• proper notifications for water shut offs. The updated Ordinance did not allow for water
shut off's to be held on Friday's, Saturday's, Sunday's or holidays in order to allow
residents sufficient time to turn their water back on.
Mr. Warne stated the updated version would allow the City to better serve the residents.
ORDINANCE NO.1670 ENTITLED:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING
SECTIONS 14-1, 14-2, 14-3, 14-4, 14-5, 14-8, 14-10 OF CHAPTER 14 OF THE
LYNWOOD MUNICIPAL CODE AND ENACTING ARTICLE 14 CHAPTER ONE OF
THE LYNWOOD MUNICIPAL CODE RELATING TO WATER SERVICE
Council Member Santillan-Beas made a motion, seconded by Council Member Alatorre
to approve staff's recommendations.
AYES: COUNCIL MEMBER ALATORRE, SANTILLAN-BEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: • NONE
ABSTAIN: NONE
ABSENT: NONE
Item #27. AMENDMENT TO THE DIRECTOR OF COMMUNITY DEVELOPMENT'S .
EMPLOYMENT AGREEMENT-APPOINTMENT TO CITY MANAGER
Mayor Castro stated the public would be allowed to speak on this item. She stated
Council gave direction for the attorney to create the contract for the newly appointed
City Manager. Mayor Castro stated Council was trying to save money by finding funds
from the ROP's to cover the City Manager's salary. Mayor Castro also stated after
research, she found that a director needs someone to .approve Community
Development projects and realized they could potentially face a conflict of interest if
they keep the current Director. Therefore, to avoid any conflict, the new City Manager
will not keep the same responsibilities outlined for the Community Development
Director; however, the new City Manager will continue to oversee the Community.
Development Department. Council Member Castro mentioned part of the salary for the.
City Manger will be covered through ROP's.
City Attorney Garcia stated the new contract was very similar to,the one attached in the
staff report for the public's reference. Mr: Garcia read Ms. Withers contract into the
record, "the duties are delineated in section 2-2 of the Lynwood'Municipal Code. The
at-will status simply means she is not at a set term, it is the discretion of'the council
There are several clauses that pertain to the benefits, they -relate to ,suspension,
termination, and severance of pay. So the public is aware, these 'items'mirror what
benefits the appointee had so there's not a substantial dissimilarity between what'the
former contracts had for the redevelopment director than what this .contract states.'
The salary as you can see is authorized of $175,000 and then there's various terms that
are associated with pay increases. Again, that's up to, the discretion of the council
Same with performance evaluation, hours of work, the benefits that follow,'those again
resemble what was offered in the prior contract and the rest of the items are,essentially
terms that are included in routine contracts offered to City Managers.".
Elizabeth Battle asked who will be responsible for the duties, of the Community
Development Director.
Mayor Castro stated that position will not be filled. Therefore, Sara.Withers will oversee
the department and will determine those duties to another individual:
Ms. Battle inquired whether the position was published.
Mayor Castro stated the position was published and received 39 applications.,
Patricia Carr inquired what role Sarah Withers will have in the Community Development
Department.
Mayor Castro stated Sarah Withers will work in conjunction with the Community
Development Department, the Finance Department, the Oversight Board -and other
entities relating to her previous duties. Ms. Castro drew on a board'to show examples:
Mayor Castro stated they are not allowed to fill the position because the Redevelopment.
Agency no longer exists.
Patricia `Carr commended the Council for selecting Sarah Withers as the new City and asked if they have done a survey with other Cities to compare'how they
are handling their department.
Mayor Castro stated they are one of the few cities who have a Successor Agency,
therefore, it varies and stated they are the first City who promotes the former
Redevelopment Director into a City Manager position.
Alatorre inquired whether an employee who was promoted was subject to a background
check.
Mayor Castro clarified the difference between elected officials and city employees. •
City Attorney Garcia stated they can require a background check at Councils discretion.
This candidate did have a prior background check.
Mayor Castro stated for the record, "Ms. Sarah Magana Withers has absolutely no
problem doing a background check so long as it is done through City Attorneys vendor
who is efficient, quick and respects privacy issues and I make that statement and I hate
to say it, but I have to point it out. There's been a history of people's personal
information during background checks leaked into the public and used against people in
an inappropriate manner and that's what we are trying to avoid here today. So I know
that Sarah Magana Withers does not have a problem doing it, so long that it is with the
City Attorney, David Garcia's vendor who is efficient and quick and does exactly what
Mr. Garcia says is required."
Council Member Santillan-Beas stated it has not been past practice for a promoted
employee to pass a background check and inquired why Ms. Withers would be the
exception.
Mayor Castro stated they needed to protect their privacy and needed to set clear policy
for background checks for future promotions. It is at Council's discretion to order a
background check for Sarah Withers.
Mayor Pro Tem Hernandez stated HR needed to decide which vendor would be used
rather than Council.
Mayor Castro stated that HR did need to be involved, but trusted the vendor from the
City Attorney's office and knew he was fast.
Alatorre asked if there would be a conflict with the various boards.
Sarah Withers stated a section under 1484, being a board member/City Manager is
legally permissible under the law. However, City Managers are allowed to serve on the
board.
Alatorre inquired whether the title needed changes in order to serve on the board.
Mayor Castro stated they would address this concern.
City Attorney Garcia stated the titles did not conflict.
RESOLUTION NO. 2014.029 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
A CITY MANAGER EMPLOYMENT AGREEMENT WITH SARAH MAGANA WITHERS
Council Mayor Castro made a motion, seconded by Council Member Santillan-Beas to
approve the contract with the appropriate adjustments.
AYES: COUNCIL MEMBER ALATORRE, SANTILLAN-BEAS, HERNANDEZ
AND CASTRO
NOES: COUNCIL MEMBER SOLACHE
ABSTAIN: NONE
ABSENT: NONE
CITY COUNCIL ORAL AND WRITTEN COMMUNCIATION
Council Member Santillan-Beas thanked Interim City Manager Richard Warne for his
time and congratulated the new City Attorney David Garcia and new City Manager
Sarah Magana Withers. Council Member Santillan-Beas stated things were moving
along and commented on last meeting's cordiality.
Council Member Jose Luis Solache congratulated Treasurer Yolanda Rodriguez
Gonzalez and stated she was sworn into office On January 31St, 2014. Council Member
Solache commented on concerns regarding the new City Manager's appointment, but
wishes to move forward as a council.
Council Member Alatorre welcomed the new City Treasurer, City Attorney, and thanked
Interim City Manager Richard Warne who set the bar to a certain standard. He stated
Richard Warne took action when he saw a problem, saved the tax payers a lot of money
and organized departments. Furthermore, Council Member Alatorre welcomed Sarah
Magana Withers as the new City Manager.
Mayor Pro-Tem Hernandez stated the City Council was trying to do their .best. He
thanked everyone and welcomed the new City Treasurer, City Manager, and City
Attorney. He stated there were a lot of questions and suggested for residents to
become involved.
Mayor Castro stated she was happy they have Edwin Hernandez as the Mayor Pro
Tem. Ms. Castro suggested for Council to make suggestions if changes needed to be
made. Mayor Castro mentioned she is happy with Alatorre because they were
communicating and thanked him. She also thanked the Council and Mr. Warne. Mayor
Castro stated it was the first time she understood the budget clearly thanks to Richard
Warne.
Mayor Pro Tern Hernandez requested for City Clerk's office to be brought back for the
resident's access.
CLOSED SESSION
City Attorney David Garcia announced that the Council would recess to discuss closed
session items on the City Council agenda. • He stated that item A would need to be
brought back due to insufficient information and item C would have two cases to be
discussed instead of one. City Attorney Garcia stated item D was no longer necessary.
Mayor Castro stated for the record, "staff was provided with the information on A and
do have it, so I would like to continue that discussion, because there was a commitment
made that it would be discussed in closed session today."
Council recessed to closed session at 9:17 p.m.
City Council reconvened at 10:23 p.m.
Item #28. CLOSED ESSION ITEMS
A. With respect to every item of business to be discussed in closed session pursuant to
Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: David A. Garcia, City Attorney
Haydee M. Sainz, Director of Human Resources and Risk Management
Employee Organization: LEA/AFSCME Local 1920
Council approved a step increase for the yearly salary of the Deputy City Treasurer
position to $54,000 with no special pay subject to the next pay period prorated for the
remainder of the year. This motion passed with a 5/0 vote.
B. With respect to every item of business to be discussed in closed session pursuant to
Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 6169-012-016
APN: 6186-001-902, 6186-001-903, 6186-001-900, 6186-001-909, 6186-001-907, 6186-001-
908, 6186-001-904, 6186-001-901, 6186-001-905, 6186-001-906
APN: 6169-002-908, 6169-002-909
Agency Negotiator: Richard N. Warne, Interim City Manager; David A. Garcia, City Attorney
Negotiating Parties: City of Lynwood and College of Instrument Technology
Under Negotiation: Price and terms
No reportable action was taken.
C. With respect to every item of business to be discussed in closed session,pursuant to
Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:
Number of Cases: One
Council approved negotiations for the individual and potential litigant setting parameters
for that negotiation and City Attorney Garcia will conduct that negotiation and will report
back to Council.
D. With respect to every item of business to be discussed in closed session pursuant to
Section 54957:
PUBLIC EMPLOYMENT
Title: City Manager
No need for further discussion.
ADJOURNMENT
Having no further discussion, it was moved by Council Member Solache, seconded by
Council Member Santillan-Beas, and carried to adjourn the regular Lynwood City
Council meeting at 10:24 p.m.
1/4a, Al A
Aide Castro, Mayor Maria Quinonez, City Clerk/
•