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Home My Public Portal AboutM 1998-01-20 - CC ' �� LYNWOOD CITY COUNCIL, JANUARY 20, 1998 . The City Council of ttune Ciry of Lynwood met in a Regular Session in the City Hall, , 11330 Bullis Road, on the above date at 7:33 p.m. Mayor Rea presiding. Councilmember Byrd, Reyes, Richards, Sanchez and Rea answered the roll call. Also present were City Manager Gonzales, City Attorney Leal, City Clerk Hooper and City Treasurer Pygatt. � �� City Clerk Hooper announced the Agenda had been duly posted in accordance with The Brown Act. Proclamations and Presentations were awarded to: ` a) Father ponal O'Connor � � b) LULAC � � � � � c) Congresswoman Loretta Sanchez It was then moved by Councilmember Richards, seconded by Councilmember Byrd and carried to accept the aforementioned Proclamations. Captain Herrera of the Century Sheriff Station introduced the new Operations LieuCenant Ken Brazil PUBLIC ORAL COMMUNICATIONS Jessica Godoy 3603 Walnut Ave. spoke in support of Positive Imaje �. c,oao Maggie Godoy 3603 Walnut Ave. spoke in support of CounciPs decision to restructure M. .Godo ` the Block Grant Funding Program, and spoke in support of Positive Imaje. Sylvia Figueroa 3130 Norton Ave. discussed her concerns and complained to the Council s. �; y ,.ero ' �� regarding an incident involving her minor child and a violation of his civil ri hts U her mtno g Y Councilman Richards, former Councilman Henning and School Board Member Errick �n� rd and L,ee. Mrs. Figueroa stated her child was removed from Lynwood High School by Mr. a v�otat;o. ' Lee during schooi time, without her permission or consent and taken to City Hall, were °� �" s `"" v Mr. Richards and Mr. Henning along with a representative of the Sheriffs Departmenf r`ghts were waiting to investigate him. Mrs. Figueroa stated her son was offered money and a job in return for information that he could provide regarding an ongoing campaign tt�at he �✓as working on. Jim Green discussed corrections to the ordinance pertaining to Wireless Antennas, aIId 'J• 6reen ° submitted them to the Director of Community Development. Also stated concerns with °ra the funds spent om the Voter Fraud Investigation. to wireless � . an'tenna5 � Bess Goodman, Executive Director of Positive Imaje spoke in support of her program. $• y��aman ' � Ms. Davis 11816 Nevada Avenue, spoke in support of Positive Imaje. Dav�s Joseph Lara 3616 Josephine St., commended Council for the creation of the Public J• La=a � � Services Commission. � Lucinda Guerrero 3544 Louise St., discussed concerns with funding for the Natatorium: L. �ueTTer ' Lawrence Marquez 1ll48 Harris Ave., spoke in support of the Citizen Appreciation L. Ma=qu�� Program, and in favor of the ordinance establishing decorum in the Council Chambers. " t1 Z e1 ' Also spoke insupport of the item investigating the closure of Hulme Avenue. " pp=eLiat ' � program J �� 5" PUBLIC ORALS c. $a�ra=a ***Carmen Baxraza spoke in support of the closure of Mana°s Restaurant. . Discussed otosure of u Council ongoing violations at the restaurant, concerns with employment violations, Manas misconduct at the site, the owners ne h ence in allowin outh to loiter on the�premises . restaurant g g g 3' during school hours, and an incident involving her son during which Mr. Benny Miranda - • drew a gun on him. ., . ***(comments are also listed with the public hearing) . tiernandez Eddy Hemandez commended the presence of an interpreter. Also discussed�the,tyranny discussed the and nepotistic regune conducted by the former Mayor. Referred�back to the meeting of � yranny ana November 21, 1997, and the conduct,.comments, and actions taken at.that meeting. i� epotistic � . , . egime conducte b he ,forme ma or ' . crow �'ep� C�row statec� he �vas grateful when he was allowed to place the "Stars of Triumph" along Martin Luther King Jr. Blvd. Requested support and cooperation to continue with this program. �]. Green Jim Green asked Council to inform residents possibly in English and Spanish on their water bills of phony contractors and the "El Nino" scams. R. Luna Raul Luna 4222 E. Josephine St. emphasized concerns to Council that Mana's Restaurant is open and available for students during school time. . Dennis Lena Cole Dennis 10860 San Luis Ave., discussed concerns with El Farallon-Restaurant and some of their patrons on Sundays that are speeding and skidding in the parking lot and surrounding streets. . Sheperd Rev J. Shepherd 3961 Martin Luther King Jr. Blvd., discussed� concerns with his apartment complex managed by Pine Realty. Stated there have been umiecessary rent increases, and no repairs: Questioned whether or not the floor heater in his apartment is legal. ' � .�i�doy Maggie Godoy 3603 Walnut Ave., stated she was recenfly pleased, with �'he Lynwood L,�„wooa Press press and their coverage of the City. Also repeated previous concerns with,regard to the coverage o,;= th �roblem in the parking lot of El Farallon Restaurant. � Spoke in opposition to.a "Beware" ��tu article recently published in the Lynwood N' Perspective. . Reed Lorraine Reed 11805 Harris discussed the feelings of division within the City since the election. Stated Council needs to set the example, stop fighting among themselves, and move forward. C. tldams Crystal Adams 4322 Josephine, stated the City needs to implement jobs and programs for � young people to participate in. �J. 2tunter Jerrell Hunter discussed his disappointment at the December 1997 meeting of the City�� tzi9� mee Stated Lynwood is too small to have dance clubs, questioned the status of the city's budget, discussed concerns with city staff being cut, and stated he was not in favor of the verbal attack.on Councilmember Richards. C. Mi 11er Carlton McMiller 3371 Agnes $t., stated he was a previous Planning Commissioner and was disappointed with the new Mayor and Councilpersons and how the situation ��' � involving the removal of the previous Commissioners was handled. I � ,.__! C. Green Caffie Green discussed concerns with the feelings of division within the Council. L. Marquez Lawrence Marquez commended the Director of Finance for her help with water billing situations, discussed his opinion on the invocation and discussed the divisive attitude among Council. a. ,7a�kson Alvin Jackson 11241 Colyer, spoke in opposition to the removal of the Invocation from the Agenda. 2 � � � � � � � � � � �� o � Karen Hayes discussed restructuring of employment positions and the opinions of x� Ha residents. - , , Jose de la Torre, questioned when Walnut Ave., is gaing to be repaired. J• be ta zorre ITEMS FOR CONSIDERATION Mayor Rea introduced the first item minutes of previous meetings. Rea } It was moved by Councilmember Richards, seconded by Councilmember Byrd to t `� approve the minutes for the Mid-Year Budget Review Meeting of December 15, 1997. . City Attorney Leal requested a correction be made to the spelling of his name. _ Maker and second agree to the cor`rection to the minutes and motion carried. It was then moved by Councilmember Richards, seconded by Councilmeraber Byrd to . approve the minutes of January 6, 1998 with the following carrections: (1) Page 1-"Inclusion of Councilmember Richards statement that the Invocation item be brought back for consideration at the next regular . scheduled meeting so that Council may vote up or down whether or not prayer shall be included as part of the opening ceremonies". (2) Page 9-"City Attorney directed staff not to answer any more of Councilmember Richards questions,,and attempted to refrain - Councilperson Richards from any other discussion, whereupor, �the . ' meeting was recessed". ' . . .. _ ,_ .,_ _ ,.:�.. - Councilman Richards indicated at that point wether or not the City Attorney had . reviewed the Government Code Sections 53791 and 53792, and if�he was prepared to respond to the nature and meaning of those particular Government Code provisions as far `�--i as they related.to requiring a 4/S vote for fund transfers. • � transfer. rds '�. ` � � Councilmember Reyes requested the motion be amended to state that if these comments nec�eS were not made, then the miriutes stand as is. It was then moved by Councilmember Richards, seconded by Councilmember Byrd to Richards include on the next regular scheduled meeting, a decision as to whether or not to make the Invocation a permanent part of the opening ceremonies. Mayor Rea stated for clarification that this issue is completely blown' out of proportion, . Re° enough has been said about the Invocation, it is listed on hhe Agenda, and will continue to be listed on the Agenda for all future meetings. Councilmember Richards stated that the Invocation should not be an arbitrary decision, R��hard5 . and no Councilperson should be able to remove the item. _ Mayor Rea stated that he had informed staff along with the CiYy Managers Office,that the nea Invocation would become a permanent part of the Agenda. � Councilmember Richards stated the purpose of his motion is to take a vote as to whether Rt�har�s f or not the Invocation would be a permanent part of the Agenda. , � Mayor Rea stated he refuses to continue to bring back an item of controversy, based upon R�a - the rationale of one Councilperson. The Invocation is listed on the Agenda and will �, continue to be. , Councilmember Reyes stated he did not feel a vote is necessary if an item is already neyes � - listed on the Agenda, and could already anticipate the way the Lynwood Journal would L , negatively publish the discussion in theii next edition. �ournat i � . 3 � ' r o '� Rt�naras Councilmember Richards stated the purpose of his Motion is to have the vote on the g rown ,��t Invocation brought back on the next Agenda, and properly post the item, which would bring them into accordance with The Brown Act. ROLL CALL: , . AYES: COUNCILMEMBER BYRD, RICHARDS NOES: COUNCILMEMBER REYES, SANCHEZ, REA ABSENT: NONE PUBLIC HEARINGS �`�` Rea Mayor Rea introduced the first item, Zoning Ordinance Amendment ZOA 97-03, I � Regulating the Location, Sitting and Construction of Wireless Telecommunication `" Antennas. � It was moved by Councilmember Reyes, seconded by Councilmember Sanchez and carried to open the public hearing. xea Mayor Rea requested Mr. Green's previous comments and written recommendations submitted with regard to this item be included as a matter of record. Hearing no further, discussion, it was moved by Councilmember Richards, seconded by Councilmember Reyes and carried to close the public hearing: G. cn��ot5 Director of Community Development Chicots recommended Council continue the item, in order to allow staff sufficient time to modify the ordinance to include the changes submitted at tonighYs meeting. The Maker and the Second of the Motion agreed to continue the ifem to February 3, 1998. Re0. Mayor Rea introduced the next item, a Public Hearing Determining. That a Public � �' Nuisance is Being Maintained. � -.J It was moved by Councilmember Reyes, seconded by Councilmember Sanchez to open the public hearing. G. Molina Gonzalo Molina spoke in support of Mana's Restaurant R. tuna Raul Luna spoke in support of Mana's Restaurant. I �!� A. �Jackson Alvin Jackson spoke in support of Mana's Restaurant. . xunter Jerrell Hunter spoke in support of Mana's Restaurarit. . �, P. Crow Pepe Crow spoke in support of Mana's Restaurant. . otero Ray Otero 11380 Ernestine spoke in opposition to Mana's Restaurant. A. Mangi i ta Antonio Mangilla spoke in opposition to Mana's Restaurant. - _ � . Carmen Barraza spoke in opposition to Mana's Restaurant. , j�� i tosuTe �,f ***(Carmen Barraza spoke in support of the closure of Mana's Restaurant. Discusssed J Ma"as resta"r°'�ith Council ongoing violations at the restaurant, concerns with employment violations, �` misconduct at the site; the owners negligence in allowing youth 10 lditer on the premises during school hours, and an incident involving her son during which Mr. Benny Miranda drew a gun on him). . p TeGtQ a ° Sal Preciado questioned.whether or not he currently has any optioqs or alternatives to keep the restaurant open, and, continued discussion witfl Council with regard to violations. 4 1 � . � ' � � Councilmember Richards questioned whether or not this public hearing is to revoke the business license for the restaurant or the entire site. Richards City Manager Gonzales stated one of the conditions in the CUP issued to the restaurant �nzales prohibits any use in the remainder of the building. Ongoing use in the remainder of theviolation '. building primarily the dance hall has been constantly occurring, and therefore the of the business owner is in violation of the Conditional Use Permit. conditiona ,, , ' -1 use perm C4uncilman Richards questioned whether or not staff has any back-up information, or _it, � co?;ies of citations available for review at this hearing. _. �_��chards � . _ , , City Attorney Leal recommended Council not close the public hearing, but continue the .�al. public hearing for a later date with all parties involved in the violations, as well as supporting documents. , Councilmember Richards questioned the non-permitted uses listed in section two (2) of g�chards . the resolution. . Mayor Rea stated some of the illegal activities going on inside Mana's Restaurant and Rea discussed these activities being conducted which are outside the realm of the business license. � Councilmember Richards questioned the approval of the extension from Bateman Hall, Richards " and questioned the circumstances surrounding this. Also questioned the strict standards �ension set by Bateman Hall, and whether or not staff is continuing to work with Mr. Preciado to from bring the restaurant/dance hall into compliance. - �teman Hall City Manager Gonzales stated there are currently a number of violations from both the �nzales ' Sheriff's Department and Fire Department. . �� Councilmember Reyes questioned the closure of the restaurant by the Health Department. R,eyes • Mr. Preciado discussed his attempts to obtain special permits from the city, which were preciado always denied, _ . _ . . C`:,�tncil;;tan Richards.questioned whether or not staff or the city have come up with any Richards pr ».:,sala for the property - _.. . � . _._ _ Y make the necessary improvements to the site, and implement an acceptable use. City Manager Gonzales stated Mr. Preciado never in good faith came up with an �nzales acceptable use or a proposal worthy of considering, for staff to workwith. Councilmember Richards questioned whether or not the city has received any proposals �chards for the property; and did the Council grant an Exclusive .Negotiating Agreement for the business owner. City Manager Gonzales repeated that the business owner never submitted any proposals Gonzales worthy of considering. ,'� Councilmember Reyes stated it is not the responsibility of the City Council to prepare ' Reyes ! proposals for the business. ; � After further discussion, it was moved by Councilmember Reyes, seconded by Councilmember Sanchez to close the public hearing. A substitute motion was made by Councilmember Richards, seconded by Councilmember Byrd to continue the public hearing. 5 q " � � xichards Councilmember Richards stated he is recommending continuing the public hearing, in order to give staff the opportunity to bring forward the requested violations, public _hearirskpcumentation and a six month history of activities between Mr. Preciado and staff. ROLL CALL: (on substitute motion) AYES: COUNCILMEMBER BYRD, RICHARDS NOES: COUNCILMEMBER REYES, SANCHEZ, REA _. , ABSENT: NONE Richai`ds Counclmember Richards requested the record reflect that a.Motion and a Second were ublic � I made pl'ior to the establishment of the record and despite the assistance of the City , __Atton'e!✓___ �__ . 1 --- ) Leal City Attorney Leal questioned the availability of documents indicating the use of the `` dance hall, fire violations, building violations, and non-permitted uses. Richards Councilmember Richards requested the record reflect that he had contacted the City Manager for these documents, and they have not been received. Reyes It was then moved by Councilmember Reyes, seconded by Councilmember Sanchez to adopt Res. 98-14 RESOLUTION NO. 98-14 ENTITLED: A RESOLUTION OF THE CITY public COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A PUBLIC nuisance NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY GENERALLY KNOWN AS 3840 MARTIN LUTHER KING JR. BOULEVARD, on 3840 MLK IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6187, PAGE 001, LOT 001 AND ORDERING A REVOCATION OF THE CITY BUSINESS LICENSE /i9489 AND ABATEMENT OF SAID NUISANCE BY CLOSURE" ROLL CALL: AYES: COUNCILMEMBER REYES, SANCHEZ, REA i i NOES: COUNCILMEMBER BYRD, RICHARDS • I�� ABSENT: NONE �--� CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one Motion affirming the action recommended�on the Agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items be removed from the Consent Calendar.for separate action. Reyes Councilmember Reyes requested item #15-Veterans Affairs Council, and item #17- Citizen of the Month Program. Richards Councilmember Richards requested item #10-Repart on Proposal to Conduct a Public report on Hearing to Determine That a Public. Nuisance is Being Maintained at the Highland Manor Board and Care Home at 3570 E. Imperial Highway, #{12-Lynwood City Park �roposal to Improvement Project, Playground Construction Project, Project No." 5-5173„ FY 97-98 ronduct a publ.i�contract Award, #13, Redistribution of the 1996 Local Law Enforcement Block Grant �aring Funds, #14-Reprogramming of CDBG Funding Uses for Fiscal Year 1995 and 1997, #18- Second Reading of Ordinances, #19, Ordinance Repealing Ordinance No. 1390 (Community Cable Access Advisory Commission), i120,Ordinance Augmenting the I� �!, Duties of the Community Affairs Commission, and item #21-Ordinance Creating a Public i I, Safety Commission and Ordinances Dissolving 3 Commissions with Similar Duties as the One Being Created. Res. 98-7 5 It was moved by Mayor Rea, seconded by Councilmember Richards to adopt: RESOLUTION NO. 98-15 ENTITLED: "A RESOLUTION OF THE : CITY authoring the COLINCIL OF THE CITY OF LYNWOOD AUTHORIZING THE' modifications MODIFICATIONS TO THE CITYWIDE ENERGY EFFICIENCY PROGRAM". to the city �ide energy efficiency program 6 � .� � RESOLUTION NO. 98-16 ENTITLED; "A RESOLUTION OF THE CITY COLJNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE Res. 98-16 . APPROPRIATION OF FIVE THOUSAND DOLLARS FROM THE appropriatio� of five �. LINAPPROPRIATED GENERAL FLTND BALANCE FOR THE 1998 YOUTH thousand BASEBALL CLINIC". dollars for baseball clinic SPECIAL PERMIT - GREATER LONG BEACH GIRL SCOUT COUNCIL special permi PERMISSION TO SELL GIRL SCOUT COOKIES AND CALENDARS FROM JANUARY 30, 1998 THROUGH MARCH 29, 1998 AND FROM OCTOBER 2, girl scouts 1998 THROUGH NOVEMBER 29, 1998. �� _ '' SPECIAL PERMTT - LTNITED CHILDREN'S FUND, CHARITABLE special ; SOLICITATION FROM JANUARY 1, 1998 THROUGH DECEMBER 31, 1998. t�rnit ` SPECIAL PERMIT - SAINT PHILIP NERI CHURCH IS REQUESTING A special per- SPECIAL PERMIT TO HOLD A CARNIVAL AT THEIR CHURCH PARKING mit . LOT FROM MARCH 6-8, 2998. RESOLUTION NO. 98-17 ENTITLED: "A RESOLUTION OF THE CITYRes. 98-17 ' ` COLTNCIL OF THE CITY OF LYNWOOD ALL(7WING AND APPROVING THE approving ' DEMANDS AND WARRANTS DRAWN THEREFORE", demands and " warrants ROLL CALL: AYES: COUNCILMAN BYRD, REYES, RICIIARDS, SANCHEZ, REA NOES: NONE ABSENT: NONE Item #10. Councilmember Richards recommended prior to taking action on this item, that the CityRichards I _ � Manager meet with the City Attorney regarding any matters that would put the City in . I any legal exposure. � __ � : Councilmember Byrd recommended inclusion of the 1blethadone Clinia BYrd __ � It was moved by Councilmember Richards, seconded by Councilmember Sanchez to: DIRECT STAFF TO PROCEED WTTH THE STEPS NECESSARY TO DETERMINE IF A PUBLIC NUISANCE IS BEING MAINTAINED AT THE HIGHLAND MANOR BOARD AND CARE HOME AND IF SO, TO TAKE APPROPRIATE ACTIONS TO ABATE SUCH Ng1ISANCE". with recommendations from Councilmember Byrd to include the Methadone Clinic on Atlantic Avenue. ` -� ROLL CALL: AYES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA ' � � � � NOES: � NONE • . t ABSENT: NONE � . , Item #12. ` � ' It was moved by Councilmembec Richards, seconded by Councilmember Byrd to adopt: ' RESOLUTION NO. 98-18 ENTTTLED: "A RESOLUTION OF THE CITY � 1 Res. 98-18 i COLINCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO contract to _- ORTCO, INC., IN THE AMOiJNT OF $62,763.00 FOR THE LYNWOOD CITY Ortco INC � PARK PLAYGROUND CONSTRUCTION, PROJECT NUMBER 5-5173, FISCAL 62,763.00 i YEAR 1997-98, AND AUTHORIZING THE MAYOR TO EXECUTE THE i ' AGREEMENT". , I I ROLL CALL: � ; AYES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA ' NOES: NONE � I ABSENT: NONE - � 7 �+ � �->� Item #13. • Richards Councilmember Richards questioned the withdrawal of Plain Truth Outreach, thus leaving $20,000 available, what is the rationale in the review and elnnination of funding for the non-profit groups. Gonzale: City Manager Gonzales stated they will be contact if that is Council's choice to do so. '�us Also stated Lori Hempe had contacted the Lynwood Community Partnership. ' use of xichar�s Co�,��ncilniember�Richards questioned whether or not any of these organizations had been '� possible forr}nally contacted and informed that they are being considered for defunding. � I mpact should . : -_ . .. . _. _ _. . _._ _ _ __ .._._ °-- J I informed of these changes, what was the nature of the communications, was there feed- removerl� back, and whether ar not written notification was sent to the affected organizations. Reges It was then moved by Councilmember Reyes, seconded by Councilmember Sanchez to adopt: es. 98-73 gESOLUTION NO. 98-13 ENTITLED: `°A RESOLUTION OF THE CITY ermination of COIJNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE reement with the Lynwood TERMINATION OF: THE AGREEMENT WITH THE LYNWOOD community . COMMUNITY PARTNERSHIP RELATIVE TO THE LOCAL LAW partnership ENFORCEMENT BLOCK GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER TO SUBMIT TO THE BUREAU OF JUSTICE ASSISTANCE A REDISTRIBUTION OF THE LOCAL LAW ENFORCEMENT BLOCK GRANT FiJNDS" � � Richards Councilmember Richards requested the record reflect that his participation in the matter "� �' was not allowed. �onzale: City Manager stated he did not feel the letter recei�'ed from Captain Herrera would have ect _ any im.pact on this item�, _ _ __ _ ... , ; . - --_.___._.. . . .. i 3ichards . Councilmember Richards questioned a letter received today from Captain Herrera, and "" whether or not this letter would have any impact on tonight's decision. . ' �ea Mayor Rea requested the Maker and.the Second of the Motion agree to an amendment � removing the Parking Enforcement Officer position listed within the body oP the resolution on section 3, and replace this with the addition of a Public Service Officer. I ROLL CALL: P,YES: COUNCILMEMBER REYES, SANCHEZ, REA NOES: COUNCILMEMBER BYRD, RICHARDS ABSENT: NONE Item #14. � � � tichards Councilmember Richards requested additional time to review this item, and questioned -ota1 amount ofwhether or not there are any substitutes, and looking at the total amount of money money availab]� to us for the community, would like to fairly assess what iesources are available :o us for the to carry out various items being suggested by staff, up to and including whether or not, :om�riunity local law enforcement block grant funds, section 108 funds, bond proceeds or other funding sources are available. �� I i� It was moved by Councilmember Reyes, seconded by Mayor Rea to remove: LYNWOOD BUSINESS INSTITUTE L.E.E:D. WORKNET CENTER PROJECT IMPACT LYNWOOD COMMUNITY PARTNERSHIP BUILDING BRIDGES GENESYS ACADEMY TEEN CHALLENGE 8 , � , .�. � with an amendment from Councilmember Reyes to redistribute these funds to street Reyes _ improvements, and remove his.own street from the list. ' Councilmember Richards questioned how these programs could be canceled without a Richards public hearing. „ City Attorney Leal recommended Council read the names of the organizations and or �1 programs to be removed, and so state that this action is subject to a public hearing. It was moved by Councilmember Reyes, seconded by Mayor Rea to amend the original Reyes ' '� motion to include recommendations submitted by the City Attarney. CounciYmember Richards stated he felt these actions are a violation of the recipient groups as well as the rights of the residents. � 1zi.chards • ROLL CALL: � AYES: COUNCILMEMBER REYES, SANCHEZ, REA NOES: COUNCILMEMBER BYRD, RICHARDS ABSENT: NONE , � Item # 15. . � Councilmember Reyes requested an amendment to the recommendations to have the Reyes suggested monument set at the west side of Bateman Ha1L After further discussion, it was moved by Councilmember Reyes seconded by Mayor Rea to approve staff's recommendation to: ' ' : ESTABLISH A VETERANS AFFAIRS COUNCIL, TO BE MADE UP OF SEVEN : (7) CTTIZENS WHO REPRESENT A CROSS SECTION OF ALL DIFFERENT PERIODS, INCLUDING WORLD WAR I, WORLD WAR II, KOREAN WAR, �� . VIETNAM WAR, AS WELL AS DESERT STORM AND CURRENT VET�RANS. ; � �� Councilmember Richards requested an amendment to encourage� all those who are Richards interested to apply. ° ROLL CALL: AYES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA ' NOES: NONE ABSENT: NONE . Item t/17. Councilman Reyes questioned the amount budgeted for this item, and stated he feels this Reyes amount is excessive. � It was moved by Mayor Rea, seconded by Councilmember Sanchez to adopt: RESOLUTION NO. 98-19 ENTITLED: "A RESOLUTION OF THE CITY Res. 98-19 COLTNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE- appropriatio APPROPRIATION OF ONE THOUSAND DOLLARS FROM THE of one thous ' LTNAPPROPRIATED GENERAL FL1ND BALANCE FOR 1997/98 FOR TAE and dollars for finacial FINANCIAL ACTIVITIES RELATIVE TO PROGRAMMING FOR THE activities � LYNWOOD CITIZEN OF THE MONTH PROGRAM". ( � amending the amount not to exceed $1,000 and during the one hour pre-parade `� , activities, the Citizen of the Year be awarded and that individual be invited to ride in the parade, ROLL CALL: AYES: COUNCILMEMBER REYES, RICHARDS, SANCHEZ, REA NOES:' NONE ABSENT: NONE � ABSTAIN: COUNCILMEMBER BYRD - 9 � , �. 3 Item #18. Richards Councilmember Richards questioned how the ordinance pertaining to recycling facilities would affect American Remedial Technologies. Byrd Councilmember Byrd questioned owners of multiple sites. Richards Councilmember Richards questioned the amount of fees to be charged, and recommended the fee reflect the number of facilities. It was,then moved by Councilmember Reyes, seconded by Councilmember Byrd to �µ�� adopt: I J oRn. 1469 ORDINANCE NO. 1469 ENTITLED: "AN ORDINANCE OF THE CITY OF n moratorum I'YIV�'OOD EXTENDING URGENCY ORDINANCE NO. 1444, AS AMENDED �n the BI' �GENCY ORDINANCE NO. 1448, WHICH IMPOSES A MORATORIUM astablishment ON THE ESTABLISI�MENT OR EXPANSION OF RECYCLING FACILITIES of recycling WITHIN TFIE CITY, AND DECLARING THE URGENCY THEREOF" •=acilities Lth in the city ORDINANCE NO. 1470 ENTITLED: °°AN ORDINANCE OF THE CITY OF o�. 1470 LYNWOOD RESCINDING URGENCY ORDINANCE NO. 1460, AS AMENDED noratorium BY ORDINANCE NO. 1463, WHICH IMPOSED A MORATORIUM ON THE m the ESTABLISHMENT OR EXPANSION OF CERTAIN AUTOMOTIVE USES :stablishment o � , ITHIN ALL LAND USE ZONES OF THE CITY". �erain automotive uses oR[�. 1471 ORDINANCE NO. 1471 ENTITLED: "AN ORDINANCE OF THE CITY OF �mending �yNWOOD AMENDING CERTAIN SECTIONS OF CHAPTER 25 OF THE �ertain section �f chapter 25 LYNR'OOD MUNICIPAL CODE RELATING TO REQUIREMENTS FOR E the municipalRECYCLING FACILITIES". ��e with amendments from'Councilmember Richards to Ordinance �t1469. ROLL CALL: , � AYES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA � NOES: NONE --' ABSENT: NONE ^. Item #19. Richard .__.::._ . _ _ _._ _.._ _ Ccuncilmember Richards questioned whether or not staff has reviewed the cable ts franc:hise agrePment with regard to certain requirements tkiat state the cable board must be' rd ___in place, pursuant to the franchise before we rescind this ordinance. -- It was moved by Councilmember Reyes, seconded by Councilmember Sanchez to: WAIVE READING AND INTRODUCE: "AN ORDINANCE OF THE CITY CUUNCIL OF THE CITY OF LYNWOOD REPEALING ORDINANCE NO. 1390 RELATING TO A COMMUNITY CABLE ACCESS ADVISORY � COMMIS5ION". Richards, ��quncilmember Richards questioned whether or not staff has notified the members of iftiis commission that they will be removed, and could staff as a matter of common Courtesy„notifv_each member. � Staff indicated they had nbt. ROLL CALL: � r �1 �A�'ES: COUNCILMENIBER REYES, SANCHEZ, RICHARDS I i :¢I�ES: COUNCILMEMBER BYRD, RICHARDS '°'' A'13SENT: NONE Item #20. It was moved by Councilmember Reyes, seconded by Councilmember Sanchez to; WAIVE READING AND INTRODUCE: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD MODIFYING THE DUTIES OF THE COMMUNITY AFFAIRS COMMISSION". l0 + - , � �� : T Cou�lcilmember Richards asked if anyone on staff is in possession of a code book or a yg�chards copy of the Community Affairs Commission ordinance. Also requested a s a substitute 'o motion to continue this item pending review of the ordinance � _.._ . _ . __�_ _ .... _. _ -- -__ _ �� ig _..___.___._`___.._ _ .._ _____._ . review of the ordinance. ' - ROLL CALL: (on original motion) AYES: COUNCILMEMBER REYES, SANCHEZ, REA '. NOES: COUNCILMEMBER BYRD, RICHARDS ABSENT: NONE `�� Item #21. Mayor Rea Moved from the Chair, seconded by Councilmember Reyes to amend the . � ordinance to reflect the appointment of seven (7) members. Each member of Council shall appoint one (1) Commissioner who will best represent the opinions of the . Councilperson and the Mayor shall appoint three (3), and: WAIVE READING AND INTRODUCE: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CREATING A PUBLIC SAFETY " COMMISSION". Councilmember Richards questioned the appointment of a Ch'airman and Vice- Richards Chairman. Also questioned multiple sections of the ordinance such as, but not limited to,rnlestioned the review of law enforcement contracts for private vendors, surrounding medical the appoint facilities, and emergency transport. ment of the chirmen City Attorney Leal stated the changes recommended by Council can be incorporated and Leal brought back the second reading of the ordinance. ROLL CALL: A'�ES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA �, 'i�1 1VO�S: NONE , , � ABSENT: NONE " Maker and the Second agree _ _ .�...._.___�. _.__... , Councilmember Richards recommended prior to adopting the three ordinances rescinding gichards tri�r,hree commissions, that staff inform the Commissioners of the restructure and invite � then to participate during meetings. It was then moved by Councilmember Reyes, seconded by Councilmember Sanchez to: WAIVE READING AND INTRODUCE: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING ORDINANCE NO. 1378 RELATING TO A.LAW ENFORCEMENT REVIEW BOARD" WAIVE READING AND INTRODUCE: "AN ORDINANCE OR THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING ORDINANCE NO. 1445 RELATING TO A NEIGHBORHOOD SERVICES COMMISSION". WAIVE READING AND INTRODUCE: "AN ORDINANCE OF THE CITY � � COUNCIL OF THE CTTY OF LYNWOOD REPEALING ORDINANCE NO. 1465 • RELATING TO AN EMERGENCY PREPAREDNESS COMMISSION". . n ROLL CALL: �� AYES: COLJNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA . `" NOES: NONE ABSENT: " NONE DISCUSSION ITEMS , Mayor Rea introduced the next item, Lynwood Park Improvement Project, Sport Field Rea Fencing. . It was moved by Councilmember Reyes, seconded by Councilmember Sanchez to select Option Z. and adopt: 11 �� Res. 98-20 �SOLUTION NO. 98-20 ENTITLED: "A RESOLUTION OF THE CITY in�stallatgon e COLTNCIL OF THE CITY OF LYNWOOD SELECTING OPTION 2, �f six (6) footAPPROVING THE INSTALLATION OF SIX (6) FOOT HIGH FENCING �igh fencing AROUND THE SPORTS FIELDS AT LYNWOOD PARK AND AUTHORIZING 3round the sporTHE CITY MANAGER OR HIS DESIGNEE TO MAKE THE NEGESSARY Eield at Lynw�� APPROPRIATIONS AND TRANSFERS". Park sanchez Councilmember Sanchez questioned the cost of the fence. Richards Councilmember Richards discussed concerns with the restraints, unattractiveness and ' � costs involved. � .. i� Rea Mayor Rea discussed the imporCance of policing the new park, in order to, maintain the �olicing the ne �Provements, agreed to the fencing of the adult soccer field, one small little league field, park and ffie adult baseball diamond. �eyes Councilmember Reyes discussed the importance of contro] and accountability. Richards Councilmember Richards suggested the placement of bleachers with closed backing similar to those in Lakewood. xea Mayor Rea requested amitem be brought back at the February 3, 1998 meeting which will include Councilman Richards recommendation for bleachers. ROLL CALL: (on o tion 21 AYES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA NOES: NONE ABSENT: NONE Rea Mayor Rea introduced Yhe next item, an Ordinance Establishing Rules of Decorum for i� City Council Meerings. � � Leal City Attorney Leal requested puiling this item, to be brought back at the next meeting. � Item pulled by General Consent. Richards Councilmember Richards directed the City Attorney to make and piovide copies of Isaac Richard v. City of Pasadena, which relates to Council conduct and the liability of the City of Pasadena in trying to control Council conduct. Rea Mayor Rea introduced the next item, Investigation of Hulme Avenue. It was moved by Councilmember Reyes, seconded by Councilmember. Sanchez to: APPROVE STAFFS RECOMMENDATION TO AUTHORIZE THE CITY ATTORNEY TO REVIEW THE FACTS AND CIRCUMSTANCES, INCLUDING ALL PERTINENT DOCUMENTATION, LEADING TO THE CLOSURE OF HULME AVENUE, TO DETERMINE IF THE ACTIONS TAKEN BY THE COUNCIL WERE LAWFUL, IN PARTICULAR WITH REGARD TO VIOLATIONS OF CONFLICT OF INTEREST LAWS. I � i Byrd Councilmember Byrd discussed decisions made by previous Councilperson, and the need to move along and to go forward with new issues. "-' ROLL CALL: AYES: COUNCILMEMBER REYES, SANCHEZ, REA NOES: COUNCILMEMBER BYRD ABSENT: COUNCILMEMBER RICHARDS tea Mayor Rea introduced the next item, Voter Fraud Investigation by Wilson & Becks Law Firm. 12 .� 16 It was moved by Councilmember Reyes, seconded by Councilmember Sanchez to: APPROVE STAFF'S RECOMMENDATION, AUTHORIZING THE CITY Staffs ATTORNEY TO REVIEW THE FACTS AND CIRCUMSTANCES LEADING TO recommendatio THE CONTRACT WITH THE WILSON & BECK'S FIRM, AND DETERMINE wilson & Beck � IF THERE IS ANY POTENTIAL LIABILITY AGAINST THE City ._;. COUNCILMEMBERS WHO VOTED IN FAVOR OF THE UP-FRONT $30,000 attoerney RETAINER, AS AN ILLEGAL GIFT OF PUBLIC FLTNDS. IN ADDITION, THAT THE CITY ATTORNEY RESEARCH WHETHER THE CITY MAY ,,�, HAVE A LEGAL CLAIM AGAINST WILSON & BECKS FOR , f i REIMBURSEMENT OF THE $30,000 RETAINER. t � � City Attorney Leal stated his concerns with the decision made by the prior Council to �al retain a law firm to investigate voter fraud and the provision of an up-front retainer of law firm $30,000. This action is highly unusual,. and the law firm which investigated this issue to invest= over the course of one month incurred bills of over $50,000. They are now demanding igate votei payment of the additional $20,000. fraud Councilmember Richards questioned whether or not the existing Council had voted to Richards ' terminate this investigation. . City Attorney Leal stated' the issue now, is the demand from the law firm for payment on Leal their outstanding bill, despite the facY that this law firm has so far failed to ,provide his , office with any documentation supporting the charges. Councilmember Richards questioned whether or not there was an impropriety in the issue Richards surrounding the up-front retainer. City Attorney Leal stated the impropriety is in the law fitms refusai to provide the firm of Leal ,--- Beltran, . Leal and Medina with the requested documentation surrounding the � investigation. � � � "'� Councilmember Richards discussed the attack of three Councilpersons within the staff gichards � repart. The staff report does not reflect the decision of the entire Council, but states Mr. Richards, Mr. Henning and Mr. Byrd. City Attorney L,eal agreed that the vote or roll call should be reflected. �1 - ROLL CALL: AYES: COUNCILMEMSER REYES, SANCHEZ, REA NOES: COUNCILMEMBER BYRD, RICHARDS - ABSENT: NONE Mayor Rea introduced the next item, Demand for Correction of Brown Act Violation by Councilmember Richards. It was moved by Councilmember Reyes, seconded by Councilmember Sanchez to: RECEIVE AND-FILE. ROLL CALL: AYES: - COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA , I NOES: NONE """"� ABSENT: NONE ; _ COUNCIL ORALS I Councilman Byrd discussed moving forward in a decent and orderly manner. Stated Byrd � Councilpersons must do their homework, and sometimes need to ask far heip. .al'so ', discussed the importance of not rushing into decisions, and using good judgment. I i Councilman Sanchez supporting the decision made tonight by the Gouncil to cancel the Sanchez � current CDBG funding and reallocate this money for street improvements. Also i � , . . , - ' � 13 , �-�' requested Council Meetings start immediately foilowing Redevelopment Agency Meetings. , Richards Councilman Richards stressed the importance of taking our tune when.making decisions. Reyes Councilman Reyes apologized far the long meeting, and §tressed the importance of religion. Discussed concerns with the Lynwood Journal, and the need to better inform the residents on the improvements within their city. xea Mayor Rea commended ACM/Director of Administrative Services.for her work with the ,� Law enforcementrecent billing problems. Also discussed the previous concerns stated by former '�lock grant Commissioner McMiller with regard to the necessary curb painting. Discussed the Law Eunding Enforcement Block Grant funding and the two new Community service Officers. Directed staff to look into a business at 1150$ Pope Street operating without a. permit. Also directed staff to prepare and have ready for presentation at the meeting of-February 3, 1998, a proclamation in honoz of Black History Month. It was moved by Councilmember Reyes, seconded by Councilmember Sanchez and carried to adjourn in member of Mr. Henry Garcia. Having no further discussion, it was moved by Councilmember Reyes, seconded by Councilmember Sanchez and carried to recess at 1:50 a.m. to Closed.Session for the purpose of discussing: 1.) Pursuant to Section 54957 a) Public Employment Title: City Manager Assistant City Manager , ��'� Council reconvened at 2:15 a.m. � � �� I r,eal Cit Attorney Leal stated Council had met in closed session for the purpose of discussing �nend the contr c� f�e aforementioned matters. Let the record reflect that the Council voted by,unanimous of the city consent to amend the contract of the City Manager extending the term for one year. City �nager Council also voted, the result of that vote being 3-2, with Councilman Byrd and .liminate the Councilman Richards opposing, a motion was made and passed to eliminate the Assistant 3ssistant city City Manager positions, and further , at the descretion of the City Manager , if he feels ' nanger postion the need at a later time to recruit, to come back with a recommendation to fill the Assistant City Manager position. a.ichards Councilmember Richards discussed concerns with certain actions taken tonight of the clear abuse and retaliation of inembers of staff by certain Councilmembers. r,eal Having no further discussion, it was moved by Councilmember Reyes, seconded by Councilmember Sanchez and_ carried to recess in memory of longtnne resident Henry Garcia. �.� � > > MAYOR ARMANDO REA � �) �� CITY CLERK ANDREA . HOOPER 14 . �� LYNWOOD CITY COLJNCIL JANLtARY 20. 1998 • The Ciry Council of the City of Lynwood met in a Regulaz Session in the City Hail, . 11330 Bullis Road, on the above date at 7:33 p.m. Mayor Rea presiding.. Councilmember Byrd, Reyes, Richards, Sanchez and Rea answered the roll calL Also present were City Manager Gonzales, City Attorney I,eal, City Clerk Hooper and �� City Treasurer Pygatt. - ' f ! ' j City C1erk Hooper announced the Agenda.had been duly posted in accordance with The Brown Act. Proclamations and Presentations were awarded to: a) Father ponal O'Connor b) LULAC c) Congresswoman Loretta Sanchez It was then moved by Councilmember Richards, seconded by Councilmember Byrd and carried to accept the aforementioned Proclamations Captain Herrera of the Century SheriffStation introduced the new Operations Lieutenant Ken Brazil PUBLIC ORAL COMMUNICATIONS 7essica Godoy 3603 Walnut Ave. spoke in support of Positibe Imaje Jessica Godoy ' Maggie Godoy 3603 Walnut Ave. spoke in support of CounciPs decision to restructure.: M. Godoy , the Block Grant Funding Program, and spoke in support of Positive Imaje. ' I ` Sylvia Figueroa 3130 Burton Ave., discussed her concerns and complained to the Council S, Figuer �,°" regarding an incident involving her minor child and a violation of his civil rights by Councilman Richards, former Councilman Hennimg and" Schoo] Board Membet Errick Lee. Ms. Figueroa stated her child was removed from Lynwood High School by Mr. Lee , during school time, without her perinission or consent and taken to City Hali, where Mr. Richards and Mt. Henning along with a representative of the Sheriffs Department were . waiting to investigate him. Her son was offered money and a job 'in return for information that he would provide regarding an ongoing campaign that he was working ', , . � on. � � � � �i Jim Green discussed corrections to the ordinance pertaining to Wireless Antennas, and ,7. Green . I submitted them to the Director of Community Development. Also stated concerns with i the funds spent on the Voter Fraud Investigation. j Bess Goodman, Executive Director of PoSitive Imaje spoke in support of her program.B• �O°�°an ! i Ms. Davis 11816 Nevada Avenue, spoke in support of Positive Imaje. �vis • i , i , Joseph Lara 3616 Josephine St., commended Council for the creation of the Public J. fi.ara � ("' �r; Services Commission. . . I � �' . I Lucinda Guerrero 3544 Louise St., discussed concerns with funding for the Natatorlum L.�errero � . i , � Lawrence Marquez 1ll48 Hanis Ave., spoke in support of the Citizen AppreciationL.tharquez � Program, and in favor of the ordinance establishing decorum in the Council Chambers. I Also spoke in support of the item investigating the closure of Hu1me Avenue. � � ' I i I 1 i �� PUBLIC ORALS c. sarraza ***Carmen Barraza spoke in support of the closure of Mana's Restaurant. Discussed t�lanas with Council ongoing violations at the restaurant, concerns with employmenf violations, -estaurant misconduct at the site, the owners negligence in allowing youth to loiter on the premises ;losure during school hours, and an incident involving her son during which Mr. Benny Miranda drew a gun on him. ***(comments are also listed with the public heazing) ;. Hernandez �dy Hernandez commended the presence of an interpreter. Also discussed the tyranny and nepotistic regime conducted by the former Mayor. Referred back to the meeting of '- November 21, 1997, and the conduct, comments, and actions taken at,that meeting. �� '. Crow Pepe Crow stated he was grateful when he was allowed to place the "Stars of Triumph" along Martin Luther King Jr. Blvd. Requested support and cooperation to continue with this program. �• ��' Jim Green asked Council to inform residents possibly in English and Spanish on their water bills of phony contractors and the "El Nino" scams. '• L� Raul Luna 4222 B. Josephine St. emphasized concerns to Council that Mana's �Restaurant is open and available for students during school time. .. Dennis Lena Cole Dennis 10860 San Luis Ave., discussed concerns with El Farallon Restaurant and some of their patrous on Sundays that are speeding and skidding in the parking lot and surrounding streets. '. Sheperd Rev J. Shepherd 3961 Martin Luthet King Jr. Blvd., discussed concerns with his I '� :��pleXt , apartment complex managed by Pine Realty, Stated there have been unnecessary rent � by increases, and no repairs. Questioned whether or not the floor heater in his apartment is ' 'ine Realty 1egaL I � �,� Maggie Godoy 3603 Walnut Ave., stated she was recently pleased with the Lynwood ;.—� Press and their coverage of the City. Also repeated preyious concerns with regard to the � problem in the parking lot of El Farallon Restaurant. Spoke in opposition to a`Beware" article recently published in the Lynwood N' Perspective. '.Reed Lorraine Reed 11805 Harris discussed the feelings of division within. the City since the - election. Stated Council needs to set the example, stop fighting ainong themselves, and move forward. ' '.adams Crystal Adams 4322 Josephine, stated the City needs to implement jobs and programs for young people to participate in. S. xunt Jerrell Hunter discussed his disappointment at the December 1997 meeting of the City CounciL Stated Lynwood is too small to have dance clubs, questioned the status of the city's budget, discussed concerns with city staff being cut, and stated he was not in favor of the verbal attack on Councilmember Richards. . Miller Carlton McMiller 3371 Agnes St., stated he was a previous Planning,Commissioner and was disappointed with the new Mayor and Councilpersons and how the situation � l involving the removal of the previous Commissioners was handled. � � Caffie Green Caffie Green discussed concerns with the feelings of division within the Council. . Marquez �Wxence Marquez commended, the Director of Finance for her help with water billing situations discussed his opinion on the imocation and discussed the divisive. attitude among Council. ?�. Jackson Alvin Jackson 11241 Colyer, spoke in opposition to the removal of the Invocation from the Agenda. � Z ' �� , . Karen Hayes discussed restructuring of employment positions and the opinions of K.xayes residents. Jose de la Torre, questioned when Walnut Ave., is going to be repaired: J. de la Z'orre ITEMS FOR CONSIDERATION • Mayor Rea introduced the first item minutes of preVious meetings. Rea *�-�' It was moved by Councilmember Richards„ seconded by Councilmember Byrd to � I approve the minutes for the Mid-Year Budget Review Meeting of December 15, 1997. �..�1� � � City Attorney L,eal requested a correction be made to the spelling of his name. Leal Maker and second agree to the correction to the minutes and motion carried. . It was then moved by Councilmember Richards, seconded by Councilmember Byrd to approve the minutes of January 6, 1998 with the following corrections: (1) Page 1-"Inclusion of Councilmember Richards statemen[ [hat the ' Invocation item be brought back for consideration at the next regular schednled meeting so that Council may vote up or down whether or not prayer shall be included as part of the opening ceremonies". ' °. (2) Page 9-"City Attorney directed staff not to answer any more of � . Councilmember Richards questions, and attempted to refrain Councilperson Richards from-any other discussion, whereupon, the meeting was recessed". . � (3) Page 10 -"Councilmember Richards questioned whether or not the City Attorney had reviewed'the Government Code Section 53791 and 53792 and if he was prepared to respond to the meaning of the nature of those '"! Government Code as far as they are related to the final 4/5 vote upon � transfer. Councilmember Reyes requested the motion be amended to state that if these comments Reyes were not made, then the minutes stand as is. It was then moved by Councilmember Richards, seconded by Councilmember Byrd to include on the next regular scheduled meeting, a decision as to whether or not to make ' � the Invocation a permanent part of the opening ceremonies. i Mayor Rea stated for clarification that this issue is completely blown out of proportion, Rea I enough has been said about the Invocation, it is listed on the Agenda, and will continue to � be listed on the Agenda for all future meetings. � V Councilmember Richards stated that the Invocation should not be an arbitrary decision, ! Richards and no Councilperson should be able to remove the item. � . I Mayor Rea stated that he had informed staff along with the City Managers Office tliat the Rea ; Invocation would become a permanent part of the Agenda. •. , � � Councilmember Richards stated the purpose of his motion is to take a vote as to whether Richards . ; or not the Invocation would be a permanent part of tfl�e Agenda. Mayor Rea stated he refuses to continue to bring back an item of controversy, based.upon Rea . " the rationale of one Councilperson. The Invocation is listed on the Agenda and will � continue ro be. � Councilmember Reyes stated he did not feel a vote is necessary if an item is already lzeyes � listed on the Agenda, and could already anticipate the way the Lynwood JournaP would ' negatively publish the discussion in their next edition. � i � i 3 ' ��U xichards Councilmember Richards stated the purpose of his Motion is to have the vote on the vote on the Invocation brought back on the next Agenda, and properly post the item, which would invocation brin them into accordance with The Brown Act. The Brown Act g ROLL CALL: AYES: COUNCILMEMBER BYRD, RICHARDS NOES: COLINCILMEMBER REYES, SANCHEZ, REA ABSENT: NONE .. PUBLIC HEARINGS • � ; "� r: _ Rea Mayor Rea introduced the first item, Zoning Ordinance Amendment ZOA 97-03, �k Regulating the Location, Sitting and Construction of Wireless Telecommunication i "� Antennas. It was moved by Councilmember Reyes, seconded by Councilmember Sanchez and carried to open the public hearing. xea Mayor Rea requested Mr. Green's previous comments and written recommendations submitted with regard to this item be included as a matter of record. Hearing no further discussion, it was moved by Councilmember Richards, seconded by Councilmember Reyes and carried to close the public hearing. Chicots Director of Community �Development Chico[s recommended Council continue the item, in order to allow staff sufficient tune to modify the ordinance to include the changes submitted at tonight's meeting. " . . The Maker and the Second of the Motion agreed to continue the item to February 3, 1998. Rea Mayor Rea introduced the next item, a Public Hearing Determining That a Public I� Nuisance is Being Maintained. � I I It was moved b Cou c' y n ilmember Reyes, seconded by Councilmember Sanchez to open the public hearing. • Gonzalo Molina spoke in support of Mana's Restaurant x.Luna Raul Luna spoke in support of Mana's Restaurant. A.Jackson Alvin Jackson spoke in support of Mana's Restaurant. J.Hunter Jerrel( Hunter spoke in support of Mana's Restaurant. P •�O W Pepe Crow spoke in support of Mana's Restaurant. R.otero Ray Otero 11380 Ernestine spoke in opposition to Mana's Restaurant. A. tKangilla Antonio Mangilla spoke'in opposition to Mana's Restaurant. C.Barraza Carmen Barraza spoke in opposition to Mana's Restaurant, � supports the ***�Carmen Barraza spoke in support of the closure of Mana's'Restaurant. Discusssed � � closure of Man�th Council ongoing violations at the restaurant, concerns with employmenC violations, "' xestauraunt misconduct at the site, the owners negligence in allowing youth to loiter on the premises during school hours, and an incident involving her son during which Mr. Benny Miranda drew a gun on him). � s. Preciado Sal Preciado questioned whether or not he currently has any options or alternatives to keep the restaurant open, and continued discussion with Council with regard to violations. 4 ` ' � � �_ Councilmember Richards questioned whether or.not this public hearing is to�revoke the Richar business license for the restaurant or the entire site. . -ds City Manager Gonzales stated one of the conditions in the CUP issued to the restaurant prohibits any use in [he remainder of the building. Ongoing use in the remainder of the �Onzal -es building primarily the dance hall has been constantly occurting, and therefore the ' '". business owner is in violation of [he Conditional Use Pertnit. Councilmember Richards questioned whe[her or not staff has any back-up information, Ri:chards �� such as complaints, violations, or citations for review. � �"" � City Attorney Leal recommended Council not close Che public hearing, but continue the Leal public hearing for a later date with all parties involved in the violations, as well as supporting documents. ' Councilmember Richards questioned the non-permitted uses listed in section two (2) of Richards the resolution - " Mayor Rea stated some of the illegal activities. going on inside Maria's Restaurant and Rea discussed these activities being conducted which are outside the realm of the business license. Councilmember Richards �questioned the approval of the extension from Batemam Hall, �chards and questioned the circumstances surrounding this. Also questioned the strict standards approval of the ex � set by Bateman Hail, and whetlier or not staff is continuing to work with Mr. Preciado to _tension bring the restaurant/dance hall into compliance. from BatPSnan City Manager Gonzales stated there are currently a number of violations from both th�all i � Sheriff's Department and Fire Department. � Councilmember Reyes questioned the closure of the restaurant by the Health Department. Reyes 1_ , . Mr. Preciado discussed his attempts to obtain special permits from the city, which were preciado . always denied. Councilmember Richards questioned joint meetings between Bateman Hall staff, and Mr. Richards Preciado, with regard to use of the dance hall, during which time, Mr. Preciado woulcjoint make the necessary improvements to the site, and implement an acceptable use. meetings i Bateniv7 Hall and City Manager Gonzales stated Mr. Preciado never in good faith came up withP��ciado acceptable use or a proposal worthy of considering, for staff to work withGonzales 'I Councilmember Richards questioned whether or nort the city has received any proposals �chards' � for the property, and did the Councii grant an Exclusive Negotiating Agreemeni for the . i business owner. ' ! City Manager Gonzales repeated that the business owner never submitted any proposals conzales ! , worthy of considering. � r"'I Councilmember Reyes stated it is not the responsibility of the City Council to prepare ! � Reyes � I proposals for the business. - ! � h I , � After further discussion, it was moved by Councilmember Reyes, seconded by � Councilmember Sanchez to close the public hearing. � i A su6stitute motion was made by Councilmember,Richaids, seconded by Councilmember i Byrd to continue the public hearing. � . � � I � 5 , - � �� . Richards Councilmember Richards stated he is recommending continuing the public hearing, in order to give staff the opportuniry to bring forward the requested violations, documentation and a six month history of activities between Mr. Preciado and staff. ROLL CALL: (on substitute motionl AYES: COUNCILMEMBER BYRD, RICHARDS NOES: COLINCILMEMBER REYES, SANCFIEZ, REA ABSENT: NONE xichards Councilmember Richards requested the record reflect that a Motion to close the public � hearing was made prior to the City Attorney's report. i� i,eal City Attorney Leal questioned the availability of documents indicating the use of the dance hall, fire violations, building violations, and non-permitted uses. Ftichard, s Councilmember Richards requested the record reflect that he had contacted. the City Manager for these documents, and they have not been received. It was then moved by Councilmember Reyes, seconded by Councilmember Sanchez to adopt Res. 98-14 RESOLITI'ION NO. 98-14 ENTITLED: A RESOLiJTION OF THE CITY publ�c nuisan��CIL OF THE CITY OF LYNWOOD DETERMINING THAT A PUBLIC being NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY maintaned GENERALLY KNOWN AS 3840 MARTIN LUTHER KING JR. BOiJLEVARD, on certain IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6187, PAGE 001, LOT 001 AND real property ORDERING A REVOCATION OF THE CITY BUSINE5S LICENSE N9489 AND � 3840 MLK ABATEMENT OF SAID NUISANCE BY CLOSURE" � ROLL CALL: AYES: COUNCILMEMBER REYES, SANCHEZ, REA � 1 I ' NOES: COUNCILMEMBER BYRD, RICHARDS i� � ABSENT: NONE . � CONSENT CALENDAR All matters listed under the Consent Ca(endar will be acted upon by one Motion affirming the action recommended on the Agenda. There will be, no separate discussion on these items prior to voting unless members of the Council or staff request specific items be removed from the Consent Calendar for separate action. xeyes Councilmember Reyes requested item Jt15-Veterans.Affairs Conncil, and.item #17- Citizen of the Month Program. Richards Councilmember Richards requested item #10-Report on Proposal to Conduct a Public Hearing to Determine That a Public Nuisance is Being Mainfained. at the Highland Manor Board and Care Home at 3570 E. Imperial Highway, �f12-Lynwood •City Park Improvement Project, Playground Construction Project, Project No. 5-5173, FY 97-98 Contract Award, �f 13, Redistribution of the 1996 Local Law Enforcement Block Grant Funds, #14-Reprogramming of CDBG Funding Uses for Fiscal Year 1995 and 1997, #18- Second Reading of Ordinances, k19, Ordinance Repealing Ordinance No. 1390 (Community Cable Access Advisory Commission), #20-Ordinance Augmenting the �"� Duties of the Community Affairs Commission, and item #121-Ordinance Creating a Public � Safety Commission and Ordinances Dissolving 3 Commissions with Similar Duties as � the One Being Created. It was moved by Mayor Rea, seconded by Councilmember Richards to adopt: Res. 98-15 RESOLUTION NO. 98-15 ENTITLED: °'A RESOLUTION ' OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE modific�tions MODIFICATIONS TO THE CITYWIDE ENERGY EFFICIENCY PROGRAM". of the city wide energy efficiency Pro9Y � � 6 �� : RESOLLJ'I'ION NO. 98-16 ENTITLED: "A RESOLUTION OF THE CITY Res. 98-16 COLTNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE appropriatio� ' APPROPRIATION OF FIVE TAOUSAND DOLLARS FROM THE _ of five :' LINAPPROPRIATED GENERAL FLJND BALANCE FOR THE 1998 YOLTI'H. dolla s BASEBALL CLINIC". 1998 youth ' . all clinic ` SPECIAL ..PERMIT - GREATER LONG BEACH GIRL SCOUT COi�. PERMISSION TO SELL GIRL SCOUT COOKIES A.ND CALENDARS FROM JANUARY 30, 1998 THROUGH MARCH 29, 1998 AND FROM OCTOBER 2, : i� ( 1998 THROUGH NOVEMBER 29, 1998. `-' SPECIAL PERMIT - UNITED CHILDREN'S FUND, CHARITABLE SOLICITATION FROM JANUARY 1; 1998 THRAUGFI DECEMBER 31, 1998. SPECIAL PERMIT - SAINT PHILIP NERI CHLJRCH IS REQUESTING A - SPECIAL PERMIT TO HOLD A CARNIVAL AT THEIR CI�URCH PARKING - LOT FROM MARCH 6-S, 1998. � RESOLUTION NO. 98-17 ENTITLED: "A RESOLIJTION OF THE CITY Res. 98-17 = COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING TfIE allowing .• DEMANDS AND WARRANTS DRAWN THEREFORE". and approving demands and _ _. . warrants drawn ROLL CALL: therefore AYES: COUNCILMAN BYRD, REYES, RgCHARDS, SANCHEZ, REA NOES: NONE � ABSENT: NONE ltem #10. Councilmember Richards recommended prior to taking action on this item, •that the City ��hards I '` Manager meet with the City Attorney regarding any matters that would put the City in � � � any legal exposure. I Councilmember Byrd recommended inclusion of the Methadone Clinic BYrd i It was moved by Councilmember Richards, �seconded by Councilmember Sanchez to: � � DIRECT STAFF TO PROCEED WITH THE STEPS NECESSARY TO f DETERMINE IF A PUBLIC NUISANCE IS BEING MAINTAINED AT THE HIGHLAND MANOR BOARD AND CARE HOME AND IF SO; TO TAKE ! APPROPRIATE ACTIONS TO ABATE SUCH NUISANCE". ! with recommendations from Councilmember Byrd to include the Methadone Clinic i on Atlantic Avenue. � ' ROLL CALL: � AYES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA , NOES: NONE . ABSENT: NONE ; I Item # 12. ' ! It was moved by Councilmember Richards, seconded by Councilmember Byrd to adopt: Res. 98-1 ' '� RESOLUTION NO. 98-18 ENTITLED: "A RESOLUTION OF THE CITY contract t I ;� I COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO ortco inc. j �- ORTCO, INC., IN THE AMOiJNT OF $62,763.00 FOR THE LYNWOOD CITY in the ! . PARK PLAYGROUND CONSTRUCTION, PROJECT NUMBER 5-5173, FISCAL 6° 63.00 ' YEAR 1997-98, AND AUTHOItIZING THE MAYOR TO EXECUTE THE . i AGREEMENT". j � � ROLL CALI : i AYES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA t � NOES: NONE ABSENT: NONE ; , � , � I � �5� Item #13. � ztichards Councilmembec Richards questioned the withdrawal.of Plain Truth Outreach,. thus withdrawal of leaving.$20,000 available, what is the rationale in the review and elimination of funding plain truth for the non-profit,groups. outreach Gonzales City Manager Gonzales stated much of the programming has not moved forward, thus determining that this would be an opportune time to review and' reconsider the use of funds. Richards Councilmember Richards questioned why there was no discussion of the possible impact should this funding be removed. Also questioned whether or not the organizations were I� informed of these changes, what was the nature of the communications, was there feed- ""`� back, and whether or not written notification was sent to the affected organizauons. It was then moved by Councilmember Reyes, seconded by Councilmember Sanchez to adopt Res. 98-13 RESOLUTION NO. .98-13 ENTITLED: "A RESOLITI'ION OF THE CITY termination COLTNCIL OF TH� CITY OF LYNWOOD AUTHORIZING THE , �f the agreementl.�, �INATION OF THE AGREEMENT WITH . THE LYNWOOD aith the , �YnWOOd enforcea��MMIJNITY PARTNERSHIP RELATIVE ` TO THE LOCAL LAW I�lock 9rant ENFORCEMEN7' BLOCK GRANT PROGRAM AND AijTHORIZING THE CITY MANAGER TO SUBMIT TO THE BUREAU OF NSTICE ASSISTANCE A REDISTRIBUTION OF THE LOCAL LAW ENFORCEMENT ' BLOCK GRANT FLJNDS" Richards Councilmember Richards requested the record reflect that fiis participation in the matter was not allowed. Gonzales City Manager Gonzales stated section 3 of the resolution needs to be corrected to reflect the new uses. Richards � Councilmember Richards questioned a letter received today from Captain Herrera, and �`�" whether or not this letter would have any impact on tonight's decision. 3ea Mayor Rea requested the Maker and the Second of the Motion agtee to an'amendment �a � removing� the Parking Enforcement Officer position listed within the body of the g resolution on section 3, and replace this with the addition of a Public Service Officer. anforcement �fficer ROLL CALL: AYES: COUNCILMEMBER REYES, SANCHEZ, REA NOES: COUNCILMEMBER BYRD, RICHARDS ABSENT: NONE Item #14. ichards Councilmember Richards requested additional time to review this item, and questioned whether or not there are any substitutes, and looking at the total amount of money available to us for the community, would like to fairly assess what resources are available to carry out various items being suggested by staff, up to and including whether or not, local law enforcement block grant funds, section 108 funds, bond proceeds or other funding sources are available. �,; ��_ It was moved by Councilmember Reyes, seconded by Mayor Rea to remove: ��' LYNWOOD BUSINESS INSTITtiJTE L.E.E.D. WORKNET CENTER PROJECT IMPACT � LYNWOOD COMMiJNITY PARTNERSHIP BUILDING BRIDGES GENESYS ACADEMY TEEN CHALLENGE 8 . ' , � ,� 3 � � � � with an amendment from Councilmember Reyes to redisuibute these funds to street improvements, and remove his own street from the ]ist. .' Councilmember Richards questioned how these programs could be canceled without a RS-chards - public hearing. City Attorney L,eal recommended Counci] read the names of the organizations and or �al programs to be removed, and so state that this action is subject to a public hearing. . 1� � It was moved by Councilmember Reyes, seconded by Mayor Rea to amend the original (` motion to include recommendations submitted by the City Attomey. ' Councilmember Richards stated he felt these actions are a violation of the recipient xichards groups as well as the rights of the residents. ROLL CALL: ' AYES: COUNCILMEMBER REYES, $ANCHEZ, REA NOES: COUNCILMEMBER BYRD, RICHARDS ABSENT: NONE � � � Item #15 � � � � • � � Councilmember Reyes requested an amendmen[ to the recommendations to have the Reyes suggested monument set at the west side of Bateman Hall. ' Afrer further discussion, it was moved by Councilmember Reyes;' seconded by Mayor Rea to approve staff's recommendation'to: . ESTABLISH A VETERANS AFFAIRS COUNCIL, TO BE MADE UP OF SEVEN (7) CITIZENS WHO REPRESENT A CROSS SECTION OF ALL DIFFERENT ; PERIODS, INCLUDING WORLD WAR I, WORLD WAR II, KOREAN WAR, ' ''��; VIETNAM WAR, A5 WELL AS DESERT STORM AND CURRENT VETEItANS. � "'"' Councilmember Richards reques[ed an amendment to encourage all those who are i Richards I interested to apply. , � � xoLL caLL: � � � �. � � AYES: COUNCILMAN BYRD, REyES, RICHARDS, SANCHEZ, REA � NOES: NONE I ABSENT: NONE , + I Item #l17. . � Councilman Reyes questioned the amount budgeted for this item, and stated he feels this Reyes amount is excessive. I � I It was moved by Mayor Rea, seconded by Councilmember Sanchez to adopt: � � RESOLUTION NO. 98-19 ENTITLED: `�A RESOLUTION OF THE CITY Res, 98-19 I COLTNCIL OF THE CITY OF LYNWOOD AUTAORIZING THE appropriati� 1 APPROPRIATION OF ONE THOUSAND DOLLARS FROM THE � LTNAPPROPRIATED GENERAL FUND BALANCE FOR 1997/98 FOR THE thousand ! FINANCIAL ACTIVITIES RELATIVE TO PROGRAMMING FOR THE dollars ' n LYNWOOD CITIZEN OF THE MONTH PRQGRAM". I I amending the amount not to exceed $1,000 and during the one hour pre-parade � -� :- . I activities, the Citizen of the Year be awarded and that individual be invited-to ride i in the parade. � i ROLL CALL: ' , AYES: COLJNCILMEMBER REYES, RICHARDS, SANCHEZ, REA � NOES: NONE i ABSENT: NONE ABSTAIN: COUNCILMEMBER BYRD i I , , _ ; 9 I �� Item #18. . • Richards Councilmember Richards questioned how the ordinance pertaining to recycling facilities would affect American Remedial Technologies. Byrd Councilmember Byrd questioned owners of multiple sites. " tichards Councilmember Richards questioned the amount of fees to be charged; and recommended . the fee reflect the number of facillties. It was then moved by Councilmlember Reyes, seconded by Councilmembet Byrd to j,� adopt: � � � � ; '`� ORDINANCE NO. 1469 ENTITLED: "AN ORDINANCE OF THE CITY OF `"""' , LYNWOOD EXTENDING URGENCY ORDINANCE NO. 1444, AS AMENDED BY URGENCY ORDINANCE NO. 1448, WHICH IMPOSES A MORATORIUM ON THE ESTABLISHNIENT OR EXPANSION OF RECYCLING FACILITIES WITHIN THE CITY, AND DECLARING THE URGENCY THEREOF" . ORDINANCE NO. 1470 ENTITLED: "AN ORDINANCE OF THE CITY OF LYNWOOD RESCINDING URGENCY ORDINANCE NO. 1460, AS AMENDED BY ORDINANCE NO. 1463, WIIICH IMPOSED A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF CERTAIN AUTOMOTIVE USES WITHIN ALL LAND USE ZONES OF THE CITY". 'F ORDINANCE NO. 1471 ENTITLED: "AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CERTAIN SECTIONS OF CHAPTER 25 OF THE LYNWOOD MLTNICIPAL CODE RELATING TO REQUIREMENTS FOR RECYCLING FACILITIES". with amendments from Councilmember Richards to Ordinance �J1469. ROLL CALL: " AYES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA '� NOES: NONE "�" ABSENT: NONE Item #19. Richards Councilmember Richards questioned whether or not the city has reviewed agreements with the cable franchise with regard to certain requirements that state that the cable lioard must be in place pursuant to the franchise, before we rescind this ordinance. It was moved by Councilmember Reyes, seconded by Councilmember Sanchez to: WAIVE READING AND INTRODUCE: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING ORDINANCE NO. 1390 RELATING TO A COMMUNITY CABLE ACCESS ADVISORY COMMISSION". � xichards Councilmember Richards questioned whether or not staff has notified the members of this commission that they will be removed, and could staff as a matter of common courtesy notify each member. ROLL CALL: � �� '� �' AYES: COUNCILMEMBER REYES, SANCHEZ, RICFIARDS �� ,� NOES: COUNCILMEMBER BYRD, RICHARDS "" ABSENT: NONE Item #20. It was moved by Councilmember Reyes, seconded by Councilmember Sanchez to: WAIVE READING AND INTRODUCE: "AN ORAINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD MODIFYING THE DUTIES OF THE COMMUNITY AFFAIRS COMMISSION". ` to . „ `��`� ' Councilmember Richards stated the Community Affairs Cominission is already Richards overburdened, and. requested ciarification of the connection between the two overburned. commissions. Also requested as a substitute motion to con[inue this item, pending ��ity ' review of the ordinance. affairs , , corrunission : ROLL CALL: (on orieinal motion) ' AYES: ' COLTNCILMEMBER REYES, SANCHEZ, REA ` ' NOES: , COUNCILMEMBER BYRD, RICHARDS " __,,,� ABSENT: NONE 1 . Item #21. . "�-' Mayor Rea Moved from the Chair, seconded by Councilmember Reyes to amend.the ordinance to reflect the appointment of.seven (7) members: Each member of Council shall appoint one (1) Commissioner who will best represent the opinions of the Councilperson and the Mayor shall appoint three (3), and: WAIVE READIiVG AND INTRODi7CE: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY'OF LYNWOOD CREATING A PUBLIC SAFETY COMMISSION". • Councilmember Richards questioned the appointment of a Chairman and Vice-Chairman. Richards Also questioned multiple sections of the ordinance such as, but not limited to, the review ' ^. of law enforcement contracts for private vendors, surrounding medical facilities, and , emergency transport. . � - City Attorney L,eal stated the changes recommended by Council can be incorporated and �1 brought back during the second reading ofthe ordinance. ROLL CALL: .� AYES: COiJNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA NOES: NONE � I ABSENT: NONE .�'- ' . . . - Councilmember Richards recommended prior to ado�ting the three ordinances rescinding g�chards � the three commissions, that staff inform the Commissioners of the restructure and invite them to participate during meetings. I , It was then moved by Councilmember Reyes; seconded by Councilmember Sanchez to: � WAIVE . READING AND INTRODUCE: "AN ORDINANCE OF THE . CITY COUNCIL OF TI3E CITY OF LYNWOOD REPEALING ORbINANCE NO. 1378 i RELATING TO A LAW ENFORCEMENT REVIEW BOARD" � . . � WAIVE READING AND INTRODUCE: "AN ORDINANCE OR THE CITY ' COUNCIL OF THE CITY OF LYNWOOD REPEALING ORDINANCE NO. 1445 � • RELATING TO A NEIGHBORHOOD SERVICES COMMISSION". ,' � WAIVE READING AND INTRODUCE: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING ORDINANCE NO. 1465 RELATING TO.AN EMERGENCY PREPAREDNESS COMMISSION". � . i � ROLL CALL: AYES: : • COiJNCILMAN BYRD, REYES, RTCHARDS, SANCHEZ, REA � ' NOES: NONE , ABSENT: NONE _� " DISCUSSION ITEMS ' Mayor Rea introduced the next item, Lynwood Park Improvement Project, Sport Field xea ! Fencing. It was:moved by Councilmember Reyes, seconded by Councilmember Sanchez to select , Option 2 and.adopt: � , � � � 11 � . � � , , I �� a RESOLUTION NO. 98-20 ENTITLED: 1 °A: RESOLUTION OF THE CITY Res. " 98-z� COLJNCIL OF . THE CTTY OF LYNWOOD SELECTING OETION 2, approving the �ppROVING THE INSTALLATION OF SIX. 6�FOOT HIGH FENCING installation o � ) six ( 6) foot �OUND THE SPORTS FIELDS AT LYNWOOD PARK AND AUTHORIZING high' fencing THE CITY MANAGER OR HIS DESIGNEE TO MAKE THE NECESSARY around the spo�LJND APPROPRIATIONS AND TRANSF'ERS". fields at Lynwood ; ' 3anchez Councilmember Sanchez questioned the cost;of the fence. tichards Councilmember Richards discussed concerns with the restraints, unattractiveness and cos[s involved. � t._.,A. Rea Mayor Rea discussed the importance of policing the new park,.in order to�maintain the improvements, agreed to the fencing of the adult soccer field, one small little league field, and the adult baseball diamond. � ' xeyes Councilmember Reyes discussed the importance of_control and accountability. Richards Councilmember Richards suggested the placement of bleachers with closed backing similar to those in Lakewood. � Richards Mayor Rea requested an item be brought back at the February.3, 1998 meeting which wi11 include Councilman Richards recommendation for bleachers. ROLL CALL: (on o�tion 21 � . AYES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA �' NOES: NONE I ABSENT: NONE , -k. , Rea Mayor Rea introduced the next item, an Ordinance Establishing Rules of Decorum for ! � City Council Meetings. i ; �---�" ieal City Attorney L,eal requested pulling this item, to be brought back at the next meeting. � Item pulled by General Consent. •� Richards Councilmember Richards directed the City Attorney to make and provide copies of I`saac Richard v. City of Pasadena, which relates to Council conduct and the liability of the City of Pasadena in trying to control Council conduct. Mayor Rea introduced the next item, Investigation of Hulme Avenue. It was moved by Councilmember Reyes, seconded by'Gouncilmember Sanchez>fo: APPROVE STAFFS RECOMMENDATION TO AUTHORIZE THE:•.CITY ATTORNEY TO REVIEW THE FACTS AND CIRCUMSTANCES, INCLUDING ALL PERTINENT DOCUMENTATION, LEADING TO THE CLOSURE OF HULME AVENUE, TO DETERMINE IF THE` ACTIONS TAKEN-$Y THE COUNCIL WERE LAWFUL, IN PARTICULAR WITH REGARD TO VIOLATIONS OF COIVFLICT OF INTEREST LAWS. �----` ,.. ,,. �d Councilmember Byrd discussed decisions made by;previous Councilperson, and the need � � to move along and to go forward with new issues. ' ROLL CALL: AYES: COUNCILMEMBER REYES, SANCHEZ, REA NOES: COUNCILMEMBER BYRD � ° ABSENT: COUNCILMEMBER RICHARDS xea Mayor Rea introduced the next item, Voter Fraud Investigation by Wilson & Becks Law Firm. 12 � �� It was moved by Councilmember Reyes, seconded by Councilmember Sanchez to: APPROVE STAFF'S RECOMIVIENDATION, AUTHORIZING THE CITY � ATTORNEY TO REVIEW THE FACTS ANll CIRCUMSTANCES LEADING TO THE CONTRACT WITH THE=WILSON & BECK'S FIRM, AND DETERMINE IF THERE IS ANY POTENTIAL LIABILITY AGAINST THE' COUNCILMEMBERS WHO�VOTED IN FAVOR OF THE UP-FRONT $30,000 RETAINER, AS AN ILLEGAL GIFT OF PUBLIC FUNDS. IN ADDITTON, „ THAT THE CITY ATTORNEY RESEARGH WHETHER THE CITY MAY �� HAVE A LEGAL CLAIM AGAINST WILSON & BECKS FOR y . REIMBURSEMENT OF THE $30,000 RETAINER. - �. - Ciry Attorney L,eal stated his concerns ivith.the decision made by the prior Council to ,�al _ retain a law firm to investigate voter fraud and the provision of an up-front retainer of voter frau� $30,000. This action is higtily unusual, and the law firm which investigated this issue ` over the course of one month incurred bills of over $50,000. They are now'demanding payment of the additional $20,000. • ' Councilinember Richards questioned whether or not the existing Council had voted to Richards terminate this investiga[ion. � , City Attorney L,eal stated the issue now, is the demand from the law firm for payment on �al their outstanding bill, despite the fact that this law firm has so far failed to ptovide his . office with any documentation supporting the charges. Councilmember Richards questioned whether or not there was an impropriety in the issue xichards surrounding the up-front retainer. ' ' City Attorney Leal stated the nnpropriety is in the law firms refusal [o provide the firm of �al ,�� Beltran, Leal and Medina with the , requested documentation surrounding, the ' investigation., �; , � � � Councilmember Richards discussed the attack of three Councilpersons within the staff Richards � ., report. The staff report does not reflect the decision of the entire Council, but states Mr. � Richards, Mr. Henning and Mr. Byrd. ' . i . I Ciry Attorney I,eal agreed that the vofe or roll call should be reflected: � I - , i , ROLL CALL: � AYES: COUNCILMEMBER REYES, SANCHEZ, REA I NOES: COUNCILMEMBER BYRD, RICHARDS ABSENT: NONE , ' Mayor Rea introduced ihe next item,.Demand for�Correction of Brown Act Violation by R� �� Councilmember Richards. It was moved by Councilmember Reyes, seconded by Councilmember Sanchez to: , . RECEIVE AND FILE. ROLL CALL: AYES: COLINCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA � NOES: NONE ; ABSENT: NONE � � COUNCIL ORALS ' Councilman Byrd discussed' moving forward in a decent and orderly manner. Stated Byrd � Councilpersons must do their homework, and somecimes need to ask for help. also � discussed the importance of not rushing into decisions, and using good judgment. ,, Counciiman Sanchez supporting the decision made tonigh[ by the Council to cancel the sanchez , current CDBG funding and reallocate this money for street improvements. Also , . 13 I � �) �j �� requested Council Meetings start immediately following Redevelopment Agency Meetings. , � '. . . .. . � . 3 � � ' � Richards Councilman Richards st;essed the unportance of taking our time when making decisions. Reyes Councilman Reyes apologized for the long meeting, and suessed the unportance of religionr Discussed concerns with the Lynwood Journal; and the need to better inform the residents on the itnprovements within their city. � ;' � �. , � Rea _ Mayor Rea coinmended ACM/Director of Admuustrative Services. for her work with the y law enforcementrecent billing problems. Also discussed the previous concems stated by former .,.� block qrant Commissioner McMiller with regard to the necess,ary curb painting. Discussed the Law funding Enforcement Block Grant funding and the two .new Community secvice, Officers. Directed staff to look into a business at..11508 Pope Sueet operating without a permit. , Also directed staff to prepare and have ready,for presentation at the meeting of,February 3, 1998, a proclamation in honor of Black History Month. It was moved by Councilmember Reyes, seconded by Councilmember Sanchez and carried to adjourn in member of Mr. Henry Garcia. ' Having no,further discussion, it was moved by�CouncilmemberReyes seconded by Councilmember. Sanchez and carried to recess at� 1:50 a.m. to Glosed Session for the purpose of discussing: , . � 1.) Pursuant to Section 54957 a) Public Employment � Title: City Manager � � / � Assistant City Manager . , `'� i Council reconvened at 2:15 a.m. � ��., Leal City Attorney Leal stated Council had met in closed session for the purpose of discussing extending the aforementioned matters. Let the record reflect that the Council poted by unanimous the contract consent to amend the contract of [he Cit Mana er, extendin the term for one ear. Cit or one year Y g g Y Y �f Y.he city Council also voted, the resulf of that vote being 3-2, with Councilman Byrd and n�,n�ger Councilman Richards opposing, a motion was made and passed to eliminate the Assistant City Manager positions, and further , at the descretion of the Ciry Manager ,:if. he feels the need at a later time to recruit, to come back :with a recommendation • to fill the Assistant City Manager position. , � Richards Councilmember Richards discussed concerns witli certain actions taken tonight of the clear abuse and retaliation of inembers of staff by certain Councilmembers. Having no further discussion, it was moved by ,Councilmember Reyes, seconded by Councilmember Sanchez and carried to recess in .memory of longtime resident Henry Garcia. �.._ ,D lz�.. - , .:.� MAYOR ARMANDO REA �°^� Cs�v � /�-�:.,��,�� CITY CLERK ANDREA L. OOPER 14