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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/ •