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Home My Public Portal AboutM 2009-08-04 - CCLYNWOOD CITY COUNCIL REGULAR MEETING August 4, 2009 The City Council of the City of Lynwood met in a regular meeting in the Council Chambers, 11330 Bullis Road on the above date at 5:08 p.m. Mayor Santillan presiding. Council Members Flores, Morton, Rodriguez, Castro and Santillan were present. Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez and City Treasurer Alatorre. City Clerk Quinonez announced that the Agenda had been duly posted in accordance with the Brown Act. Item #6. PRESENTATIONS/PROCLAMATIONS • Jessica Quintero, Miss California Belleza Latina, was recognized and thanked for volunteering at National Night Out. • Sheriff Captain James Hellmold - Update on Law Enforcement Issues - Lieutenant Rosson reported a smooth week, with prostitution down and stated that the investigation regarding the death of Adolfo Medina is still ongoing. • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) Item #7. COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY 5:13 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia commented on Item #14 -REQUEST TO SOLICIT PROPOSALS FOR PROFESSIONAL UTILITY USER'S TAX COMPLIANCE AUDITS and Item #19 - CDS REQUEST TO CHANGE THE WASTE DISPOSAL PICK UP SCHEDULE. Ms. Garcia stated, "I am in agreement with the audit regarding the Utility Users Tax but I would like it to be one hundred percent, not the five percent that has been done in the past. That's the only way we can get everything clear and straight. With resolution number nineteen, the waste disposal pick up, if the pickup schedule is the same and the service is improved. Thank you". Harry Gibbens commented on Item #17 -APPROVAL OF COUNTY/CITY INDEMNITY AMENDMENT TO THE MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES EFFECTIVE AS OF JULY 1, 2009. Mr. Gibbens stated that he read the agenda and found one page with signatures of various department heads on it, without the printed names and titles that he had previously requested in a past council meeting. Mr. Gibbens asked the City Clerk to provide him with the printed names. Mr. Gibbens also alerted council of a broken tree on Martin Luther King. PUBLIC ORAL COMMUNICATIONS Irene Garcia stated, "I see more change orders again and again and again and they're not a dollar or two. This is tax payer money. Uh, there could be a clause in every contract that they need to bite the bullet because if you're a contractor you know what it takes: machinery, manpower, equipment, materials, everything. And if you don't, shame on you. You can't put it on the tax payer. I'm sick of it. Thank you". Mayte Corona asked for support in investigating the gas situation that happened on April 26, 2009, which disrupted many businesses in Lynwood. CONSENT CALENDAR It was moved by Council Member Morton, seconded by Mayor Pro Tem Castro, to approve the consent calendar and receive and. file staff reports. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #8. MINUTES OF PREVIOUS MEETINGS: Special Meeting -June 9, 2009 Regular Meeting -June 16, 2009 Special Meeting -June 23, 2009 Item #9. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2009.146 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA,. ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #10. ACCEPTANCE OF IRREVOCABLE EASEMENT OFFER OF DEDICATION AT 2719 FERNWOOD AVENUE RESOLUTION NO. 2009.147 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING AN IRREVOCABLE EASEMENT OFFER OF DEDICATION FOR STREET PURPOSES AT 2719 FERNWOOD AVENUE Item #11. ADOPTION OF PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS - LAVINIA AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.955; HARRIS AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.956; OLANDA STREET IMPROVEMENT PROJECT, PROJECT NO. 4011.67.965 RESOLUTION NO. 2009.148 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR THE LAVINIA AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.955, HARRIS AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.956 AND OLANDA STREET IMPROVEMENT PROJECT, PROJECT NO. 4011.67.965; AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUND APPROPRIATIONS AND TRANSFERS Item #12. CLAIM FOR DAMAGES BY RAYMOND WHITE Item #13. SERVICE AGREEMENTS EXECUTED UNDER THE CITY MANAGER'S $15,000 PURCHASING AUTHORITY FROM JANUARY 1 -JUNE 30, 2009 Item #14. REQUEST TO SOLICIT PROPOSALS FOR PROFESSIONAL UTILITY USER'S TAX COMPLIANCE AUDITS RESOLUTION NO. 2009.149 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SOLICIT PROPOSALS FOR THE PROFESSIONAL UTILITY USER'S TAX COMPLIANCE AUDITS Item #15. MEMORANDUM OF AGREEMENT FOR THE ADMINISTRATION AND COST SHARING OF THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS TOTAL MAXIMUM DAILY LOAD RESOLUTION NO. 2009.150 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT (MOA) WITH THE GATEWAY CITIES COUNCIL OF GOVERNMENTS FOR THE ADMINISTRATION AND COST SHARING OF THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS (TMDL) FOR REACH 1 AND AUTHORIZING THE MAYOR TO EXECUTE THE MOA Item #16. MEMORANDUM OF AGREEMENT FOR THE ADMINISTRATION AND COST SHARING OF THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS TOTAL MAXIMUM DAILY LOAD RESOLUTION NO. 2009.151 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT (MOA) WITH THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS FOR THE ADMINISTRATION AND COST SHARING OF THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS (TMDL) FOR REACH 2 AND AUTHORIZING THE MAYOR TO EXECUTE THE MOA Item #17. APPROVAL OF COUNTY/CITY INDEMNITY AMENDMENT TO THE MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES EFFECTIVE AS OF JULY 1.2009 Item #18. Mayor Pro Tem Castro pulled Item #18 -REDEVELOPMENT DIRECTOR EMPLOYMENT SERVICES AGREEMENT Fred Galante, City Attorney, explained that the agreement includes a provision that states that the new director cannot have any existing contractual relationship with any developers that do business with the City. Mr. Galante also noted that the agreement includes all the minimum protections for the City. After discussion by City Council, it was moved by Mayor Santillan, seconded by Council Member Morton, to approve the recommendation with one year. A subsequent motion was made by Council Member Flores, seconded by Mayor Pro Tem Castro, to approve the recommendation with five years. Fred Galante, City Attorney noted that he would not have to make a change in the contract, but that the 5 years would be noted for future interviews. RESOLUTION NO. 2009.152 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT FOR THE RETENTION OF SERVICES OF THE REDEVELOPMENT DIRECTOR AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AYES: COUNCIL MEMBERS FLORES, MORTON AND CASTRO NOES: COUNCIL MEMBERS RODRIGUEZ AND SANTILLAN ABSTAIN: NONE ABSENT: NONE NEW/OLD BUSINESS Item #19. CDS REQUEST TO CHANGE THE WASTE DISPOSAL PICK UP SCHEDULE City Manager, Roger Haley, introduced the item regarding the CDS request to change the waste disposal pick up schedule. After discussion by City Council, it was moved by Council Member Rodriguez, seconded by Mayor Pro Tem Castro, to adopt the resolution with the contract stipulation that the trash pickup schedule can revert back to 5 days a week if 2 days a week does not work. RESOLUTION NO. 2009.153 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD GRANTING THE REQUEST FROM CONSOLIDATED DISPOSAL SERVICE TO CHANGE THE WASTE DISPOSAL SERVICE PICK UP SCHEDULE IN THE CITY FROM FIVE DAYS A WEEK TO TWO DAYS A WEEK AYES: COUNCIL MEMBERS FLORES, MORTON RODRIGUE2, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Council Member Flores thanked everyone for showing up and allowing council to serve. Council Member Flores encouraged people to tell family and friends about the meeting and commended staff for a great job in fixing the fence he asked to be fixed but noted that it is now broken again. Council Member Morton thanked everyone for coming and said he was looking forward to seeing everyone at National Night Out. Council Member Morton stated that he would like to bring a binding code of ethics like the one that the City of Carson has, to Lynwood, and would like to see this topic at the next council meeting agenda. Mayor Pro Tem Castro thanked everyone for coming and noted that she was happy to see no drama so close to election time. Mayor Pro Tem Castro stated that she was happy to see staff working well and stated that she would like the City to set up a foundation to help nonprofit organizations. Lastly, Mayor Pro Tem Castro stated that she was looking forward to the new park grand opening. Mayor Santillan asked if the City was still moving forward on the "Welcome to Lynwood" entry signs. Director of Public Works, Dan Ojeda, replied that the City was still moving forward with that project. Mayor Santillan stated that the FPPC mandates that elected officials take ethics training every two years, she then asked City Attorney Galante what the City of Carson Code of Ethics. included. Mr. Galante stated that he could draft something for Lynwood and bring it to the next meeting. Mayor Pro Tem Castro asked when the City would start doing background checks. Human Resources Director Alfredo Lopez stated that background checks would commence with the appointment of new commissioners. CLOSED SESSION NONE ADJOURNMENT Having no further discussion, it was moved by Mayor Pro Tem Castro, seconded by Council Member Flores, and carried to adjourn the regular Lynwood City Council meeting at 6:03 p.m. Maria Santillan, Mayor i Maria Quinonez, City Clerk