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Home My Public Portal AboutM 1998-03-17 - CC P �� LYNWOOD CITY COUNCIL, MARCH 17 1998 The City Council of the City of Lynwood met i❑ a Regulaz Session in the City Hall, 11330 Bullis Road, on the above date at 7:30 p.m. Mayor Rea presiding. Councilmember Byrd, Reyes, Richards, Sanchez and Rea answered the roll call. Also present were City Manager Gonzales, City Attomey Leal, City Clerk Hooper and City Treasurer Pygatt. i J City Clerk Hooper announced the Agenda had been duly posted in accordance with The Brown Act. � PUBLIC ORAL COMMUNICATIONS - AGENDA ITEMS ONLY Rod White 4608 Carlin Ave. discussed disagreements with the current street sweeper; and R. [nk�ite questioned why a contract for refuse collection is being awazded without a competitive bid. Roberta GobeR 4254 Shirley Ave., recommended utilizing the VITA program for the R, �d�st Youth Trainee tax obligation. Fernando Pedroza 12505 Bullis Road discussed promises made by candidates during F. �a election time regarding changes for better government and nepotism involved in hiring practices. Strongly urged Council to adopt the ordinance for better govemment. j Jose de la Torre discussed previous attempts for a petition on better government, and J. c� la'Raze �� stated he would like to see Council adopt the attached ordinance for better govemment. ; Antonio Munguia 3370 Tenaya Ave., stated his support on the emergency sewer repairs A. Mar�uia n on Tenaya Ave. Spoke in opposition to the ordinance for better govemment. ; I I Jack Walton 4229 Carlin Ave. spoke in favor of the ordinance for better government. ,7. tnt�ltrn Lawrence Marquez 11148 Harris Ave., spoke in favor of the bidding process for L. Nfi�z , contracts, and stated he has mixed feelings about the ordinance for better government. PUBLIC ORAL COMMUNICATIONS Jack Keane stated the most important issue in the city is the hourly general employee: y �� , Jose Rodriguez of radio station KZLX requested Council approval for a pazking lot J�hig� ' concert this weekend at the El Fallaron Restaurant. Jim Green questioned what effect the development proposal on the Lynwood Plaza would J• c�-�1 have on Mr. Franco, and whether or not this Texas based company will be hiring local 1 � �', labor. Discussed the 1099 forms that never should have been issued to the youth trainees, L �,�„� p � and stated he fully supports the Spanish language translation that is being proposed. Jose de la Torre 3962 Walnut Ave. discussed the need for street improvements, the ,7, � 7 q� ' importance of supporting the constitution, and stated complaints on the closure of two tlr r�cl for ; I lanes along Imperial Hwy. for maintenance on the median during afremoon traffic hours. St� �t� i �' �� _ Mario Gutierrez 3159 Flower, requested installation of better and brighter lighting on hisi`�- �� street, on Flower between State and Peach St., on Redwood between State and Peach St:, � �, and on Lindbergh between Lynwood Road and Peach Street. ��,� Helen Kitagawa of 108th St., thanked Council for fixing the lights on her street, for g, Kitac�,a � repairing the curb and'for the installation of wheelchair ramps. Lynder Briggs discussed problems with tree roots that are breaking up the sidewalk. L. �iggs , f �;� 5� w. Sy William Steck 11703 Long Beach Blvd. discussed overgrown weeds on Long Beach Blvd., at the former theater. R. vdzite Rod White, 4608 Carlin Ave., complimented the Atlantic Ave. repairs, stated complaints ��tY � with the room capacity of the Council Chambers, spoke in opposition to the cut backs on �� it ie youth programs, stated complaints with the recycling pro ram and commended the mm�a;.,rc wlth g > �� front page of the Lynwood Press, which covered the city. a�n . Ctan�ic�an William Cunningham 10821 Comish Ave, discussed overgrown grass and weeds on the corner of Hulme and Abbott Road. �"'I I F• � Femando Pedroza 12505 Bullis Road questioned whether or not the city has a designated �--� person to target problem areas in the city which contain overgrown weeds and vegetation. '• �� Sal AlaTorre 3185 Oakwood Ave, recommended Council offer incentives to businesses located in the city to hire local youth during the summer.'• � ITEMS FOR CONSIDERATION Minutes of previous meeting for March 3, 1998. . � Councilmember Reyes requested conections on the names of newly appointed Commissioners Salvador AlaTorre and Antonio Munguia. Councilmember Richards discussed correction to item #23 regarding discussion between himself, the City Attomey Leal and Mayor Rea. Also stated there is no vote listed. It was moved by Councilmember Richards, seconded by Councilmember Byrd to approve the minutes with corrections. 1� Mayor Rea then recommended pulling the minutes. and bringing them back at the next I"� meeting with the necessary corrections. I, PUBLIC HEARINGS � � Mayor Rea introduced the first item, a Public Hearing to Consider the Abatement of a r�iiis�r_e at tlg Nuisance at the Highland Manor Board and Care Home at 3570 E. Imperial Highway, u�� ity of Lynwood. rl ca�e }rne It was moved by Councilmember Reyes, seconded by Councilmember Sanchez, and carried to open the public hearing. J• �'�"-°� Jim Auspice, Operator of the Highland Manor stated he concurs with the City Managers recommendations, and intends to co-operate fully and completely with the city. +i. 0.r�ic�n William Cunningham stated the sponsors of these types of homes need to be responsible for their patients. ' Facility Operator stated the business is willing to work with the City Council on the best possible efforts to maintain the facility. J• �� Jack Walton stated he had worked with Councilman Heine to shut down a similaz facility I :�n't� c�a' a on Carlin, and the problem with these types of homes aze not the patients, but the unilar fa�a.11ty individuals that are running the facility. `..'. Heazing no further discussion, it was moved by Councilmember Reyes, seconded by Councilmember Byrd and canied to close the public hearing. It was then moved by Councilmember Reyes, seconded by Councilmember Byrd to adopt: �• �� RESOLUTION NO. 98-47 ENTITLED: '°A RESOLUTION OF THE CITY ' COUNCIL OF �THE CITY OF LYNWOOD FINDING THAT A PUBLIC 2 � �� NUISANCE CURRENTLY I$ NOT BEING MAINTAINED ON CERTAIN' REAL �� m PROPERTY LOCATED AT 3570 IMPERIAL HIGHWAY AS THE HIGHLAND3570 S�rial MANOR BOARD AND CARE 'FACILITY ,AND DIRECTING STAFF TO �9�Y CONTINUE TO MONITOR ACTIVITY AT THE SITE". ROLL'CALL: _ AYES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA NOES: NONE ABSENT: NONE ' I Mayor Rea introduced the next item, a Public Hearing on the Proposed Use of the FY .� �' .' 1997 Local Law Enforcement Block Grants. It was moved by Councilmember Reyes, seconded by.Councilmember Sanchez, and � carried to open the public hearing.' ' , Bess Goodman, Executive Director of Positive Imaje discussed her program with the B. c�xhEm ` Council and requested Counci] consider including her program in this proposal. Maggie Godoy 3603 Walnut Ave. stated she supports the recommendations for the use of M. Czx� this grant money, and commended the efforts of Deputy Sanchez. � Hearing no further discussion, it was moved by Councilmember Reyes, seconded by Mayor Rea, and carried to close the public heazing. - . Councilmember Richards recommended Mayoi Rea abstain from this item, based on the ��-�� fact that the Sheriffs Department is involved and this may be a conflict of interest. Councilmember Reyes requested the City Attomey's opinion on these recommendations. � i ( �' S I�i �. City Attorney �Leal stated�there is no conflict. T�1 �� . Councilmember Richazd questioned what the City Attorney's opinion is based on and gi�.� what provisions he reviewed to determine that there is no conflict. • City Attorney Leal stated the association is too remote.r�l . ' It was then moved by Councilmember Richards, seconded by Councilmember Byrd, to � seek an independent opinion from the State Attorney General as to whether or not there is � a conflict; prior to taking any action on this matter, and advised Mayor Rea to exercise � extreme caution. Also questioned whether or not the City Attorney is an independent attorney, who in fact was hired by the Council of a 3/2 vote, and therefore could also � � , benefit.from this item. Also questioned information that was requested from the City � Atforney at the last meeting. ; • . Mayor Rea stated Councilmember Richards Motion is improper. I� i Councilmember Richards questioned whether or not the Mayor is attempting to oppress �d�� his vofe, and repeated his recommendation to seek an independent opinion from the State , � � Attorney General before taking any action on this item -. . Councilmember Reyes questioned why Mayor Rea's vote on Sheriff's issues were never �s j questioned before., , Mayor Rea determined Councilmember Richazds Motion to be out of order. �� Councilmember Richards requested the record reflect that Mayor Rea's determination on � ' the impropemess of his Motion. ' It was then moved by Mayor Rea, seconded by Councilmember Reyes to adopt: � � � � 3 , � ` � � �� i�s. 98--48 RESOLUTION NO. 98-48 ENTITLED: "A. RESOLUTION OF THE CITY a�l�tirn � COUNCIL OF THE CITY OF LYNWOOD APPROVING THE FOLLOWING laa7 law aifai�LLOCATION OF LOCAL LAW ENFORCEIVIENT BLOCK GRANTS FUNDS: b�� CONTINUING TO FUND THE ADDITIONAL 20 HOURS A.,WEEK UNDER THE BIKE PATROL PROGRAM ($2"41,935); 2) CONTINUE TO FUND TWO (2) COMMUNITY SERVICES OFFICERS ($62,400); 3) ONE PART-TIME PARKING ENFORCEMENT OFFICER ($35,965); AND 4) ESTABLISH A CIVILIAN PUBLIC SAFETY OFFICER (DIRECTOR) POSITION TO DIRECT CRIME PREVENTION AND PUBLIC SAFETY PROGRAMS, ($62,893). .4ND APPROPRIATE $34,607 FROM THE GENERAL FUND TO SUPPLEMENT THE � LOCAL LAW ENFORCEMENT BLOCK GRANTS. PROGRAM'S i ALLOCATION FOR THIS POSITION". ' '� I with an amendment to propose allocation of funds eliminating the one time parking enforcement officer and utilize these funds to purchase in car vehicle cameras to our black and white units, that operate within the City of Lynwood. � City Attomey Leal recommended modifying the resolution that is listed on the, Agenda to reflect Mayor Rea's recommendations. Rid�-uT]s Councilmember Richazds introduced a substitute Motion that in the altemative: of seeking ��-Y the Attorney GeneraPs opinion, that the city seek County Counsel, prior to voting on this �� matter. ROLL CALL: (substitute Motion� AYES: COUNCILMEMBER BYRD, RICHARDS NOES: COUNCILMEMBER REYES, SANCHEZ, REA ABSENT: NONE ROLL CALL: (on original Motionl AYES: COUNCILMEMBER REYES, SANCHEZ, REA 1 �� I NOES: COUNCILMEMBER BYRD,-RICHARDS ABSENT: NONE � i CONSENT CALENDAR All matters listed under the Consent Calendaz will be acted upon by one Motion affirming the action recommended on the Agenda. .There will be.no sepazate discussion on these items prior to voting unless members of the Council or staff request specific items be removed from the Consent Calendaz for separate action. � Mayor Rea requested item #21, Ordinance Requiring Greater Disclosure . in City Government. '-� Councilmember Reyes requested item #16, Settlement of Employment Tax Liability, ��t�� item #17, Tax Obligations for Youth Trainees, and item #21, Ordinance Requiring � Greater Disclosure in City Government. u�� Councilmember Richards requested item #18, Liability Service Agreement Renewal, item #19, Agreement for Refuse Collection Services, item 22, Audit of USA Waste, and item 23; Proposal to Provide Video Production Services: , �yrd Councilmember Byrd requested item #12, Contract Award Sport Field .Fence ' h Construction Lynwood City Park Improvement Project, Project 5-5173. `-�. It was then moved by Councilmember Reyes, seconded by Councilmember Sanchez to adopt: �_ ggqg RESOLUTION NO. 98-49 ENTITLED: "A RESOLUTION OF THE CITY ;� �� n�� COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE FERNWOOD ��tiaZ AVENUE RECONSTRUCTION PR03ECT, PROJECT 5-5200, STPL 5250 (004) aJ� AS BEING COMPLETE". 4 �� ___' RESOLUTION NO. 98-50 ENTITLED: �°'A RESOLUTION OF THE CITY Res. 98-50 �-' `�OUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO ""`at� °"d v �� .�'ACATE AND ABANDON .,FOR PUBLIC PURPOSES THE FIRST ALLEY f oba p u g�; � _ NORTH OF NORTON AVENUE BETWEEN SAN MIGUEL AVENUE AND SANP°rpp5e5 tn� VINCENTE AVENUE AS SHOWN ON TRACT MAP NO. 5632 IN THE CITY OF`f LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, MAP Norton �t„�nu, BOOK 80, PAGE 50 OF 1VIAPS IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER": RESOLUTION NO. 98-51 ENTITLED: "A RESOLUTION OF THE CITY �es. 98-51 COUNCIL OF THE CITY OF LYNWOOD RELATING TO THE EMERGENCY e"`�r ,�� SEWER REPAIRS ON TENAYA AVENUE BETWEEN LONG BEACH BOULEVARD AND MARIPOSA AVENUE� AND AUTHORIZING THE CITY Ave. MANAGER OR HIS , DESIGNEE TO MAKE THE NECESSARY FUND APPROPRIATIONS AND TRANSFERS". ' ' � RESOLUTION NO. 98-52 ENTITLED: ��A RESOLUTION OF THE CITY R�s. 98-52 COUNCIL OF THE CITY OF LYNWOOD RELATING TO THE EMERGENCY ��' 1a '"� LOWERING OF THE WATER LINE ON WESTECH WAY; AND 1 �� "°� AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE THE NECESSARY FUND APPROFx2IATIONS AND TRANSFERS". RESOLUTION NO. 98-53 ENTITLED: "A RESOLUTION OF THE CITI¢ �. 9�53 COUNCIL OF THE CITY (��' LYNWOOD DECLARING ITS INTENTION TO va�te � a�n VACATE AND ABANDON rOR PUBLIC PURPOSES THE PORTION OF �' � i�'�'11° ' HARRIS AVENUE BETWEEIv' SANBORN AVENUE AND ALBERTA AVENUE �� AS SHOWN ON TRACT CEll�TURY SQUARE AND TRACT NO. 9337, IN THE � CITY OF LYNWOOD, COUN'E'Y OF LOS ANGELES, STATE OF CALIFORNIA, ' MAP BOOK 133, PAGES $7-88 AND MAP BOOK 130, PAGES 61-63, ('� RESPECTIVELY, OF MAPU IN THE OFFICE OF THE LOS ANGELES I COUNTY RECORDER". IYt�� iY&o SECOND READING OF AN ORDINANCE ENTITLED: �°AN ORDINANCE OF 1§carl'uxJ d�.2 ,' THE CITY OF LYNWOOD AMENDING CHAPTER 2 OF THE MUNICIPAL ��i� � CODE AS IT RELATES TO IDECORUM AT CITY COUNCIL MEETINGS". � ' I`(Si Ivy! SECOND READING OF AN r7RDINANCE ENTITLED: �°AN ORDINANCE OF ��t7atia�s I THE CITY OF LYNWOOD :4MENDING CHAPTER 25 OF THE LYNWOOD to m�ti-a7. the ; MUNICIPAL CODE TO ADD REGULATIONS TO CONTROL THE �°�' �� i LOCATION, SITING e.ND CONSTRUCTION OF WIRELESS� �n"'��ia' � COMMUNICATION SERVIC�: ANTENNAS AND RELATED FACILITIES AND �� ' atirn �.vice i TO CLARIFY AND COR�ECT PORTIONS OF EXISTING ANTENNA---�----- REGULATIONS": � RESOLUTION NO. 98-54 ENTITLED: "A RESOLUTION OF THE CITY �� . COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE � � ' DEMANDS AND WARRANTS DRAWN THEREFORE". �� c�axxants chawn tlri�fc�e , ROLL CALL: 1' AYES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA NOES: NONE ' ABSENT: NONE � ltem #12 - Contract Awurd Sport Field Fence Construction Lynwood Ciry Purk /mprovement Project, Project 5-5173. Councilmember Byrd stated he had pulled this item for voting purposes, as he is opposed Byrd to any type of fencing. It was then moved by Councilmember Byrd, seconded by Mayor Rea to adopt: 5 f 5�� Ia�. 9�-55 RESOLUTION NO. 98-55 ENTITLED: "A RESOLUTION OF THE CITY �� f �COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO ALL-PRO FENCE COMPANY, IN •THE AMOUNT OF $54,�30.00, FOR THE �� LYNWOOD CITY PARK SPORT FIELDS FENCE CONSTRUCTION, PROJECT NUMBER 5-5173, FISCAL YEAR 1997-98, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT". . ROLL CALL: AYES: COUNCILMEMBER REYES, SANCHEZ, REA NOES: COUNCILMEMBER BYRD, ffiCHARDS "'l ABSENT: NONE ' I Item #16-Settlement of Employment Tax Liability. � � Councilmember Reyes discussed programs that were not run acwrding to IRS guidelines and adoption of this item will avoid any further problems. � It was then moved by Councilmember Reyes to adopt the item.. . I I 1 �� Councilmember Richards questioned independent contractors/employees and when did ! �� this issue first arise. Also questioned who makes the determination between'an �� independent contractor and an employee, what was the final decision and determination of the Intemal Revenue Service and what aze the city's obligations. ��r�est Director of Finance Earnest stated this item resolves all issues, eliminates a tax liability, waives interest, and stated that the city promises not to treat employees in this manner. Ri.ci�.�ds Councilmember Richazds questioned any criminal sanctions. It was then moved by Councilmember Richards, seconded by Councilmember Reyes to adopt: � �s. 98-56 �SOLUTION NO. 98-56 ENTITLED: "A RESOLUTION . OF THE CITY � `� ��'� COUNCIL OF THE CITY OF LYNWOOD APPROVING CLOSING --� �ra�t with he de�ait AGREEMENT WITH THE DEPARTMENT OF TREASURY-INTERNAL 7.�xY -Irrt��a]- REVENUE SERVICE RELATIVE TO THE TAX AUDIT FOR THE 1993, � �"'-� CALENDAR YEAR". and in addition direct the City Manager to conduct an extended investigation for any similar situations. aT?�7� City Manager Gonzales stated for the record that the state violations found by the Internal violatias fa� Revenue Service were Found after the city sought direction from the City Auditor and �� then City Attorney, and that the action taken by the city was not willful in any way. I�ven� �eevi� a Mayor Rea questioned who was the main City Attorney and Auditor at that time. ROLL CALL: AYES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA NOES: NONE ABSENT: NONE Item #17-Tax Obligations for Youth Trainees. � Councilmember Reyes stated in the future, prior to accepting these types of programs, �' � that the city and staff review all aspects involved. �—� It was then moved by Councilmember Reyes, seconded by Councilmember Richards to adopt: �• � -57 RESOLUTION NO. 98-57 ENTITLED: '°A RESOLUTION OF THE CITY �°"� �" COUNCIL OF THE CITY OF LYNWOOD APPROVING PAYMENT OF 1997 �� TAX YEAR OBLIGATIONS TO TREE OF LIFE YOUTH TRAINEES AND �lic$tia�s tA � E Iife Yarth APPROPRIATING FUNDS TO COVER COST OF OBLIGATIONS". ra;,�ax 6 �, "�'�' ROLL CALL: AYES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA NOES: NONE � ABSENT: NONE Item #18-Liability Service Agreement Renewal. Councilmember Richards questioned the compilation of current claims against the city Richards that he had requested at the previous meeting. '� City Manager Gonzales stated this is cunently being worked on. Gonzales ' Councilmember Richards discussed concems with the amount of money that is being Richards spent on legal fees at a very rapid pace. Stated the city needs to be mindful of the amount of expenses involved in these claims. money bei ng spent on legal. It was then moved by Councilmeiiiber Richards, seconde8 by Councilmember Reyes to: fees AUTHORIZE THE MAYOR TO SIGN AMENDMENT NO. 19 TO THE service SERVICE AGREEMENT BETWEEN THE CITY OF LYNWOOD AND' CARL agreement W:ARREN & CO, WHICH WOULD BECOME EFFECTIVE APRIL 16, 1998 FOR between the city A PERIOD OF ONE (1) YEAR. of Lynwoo� and Carl Warren & ROLL CALL: Co. AYES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA NOES:- NONE ' ABSENT: NONE Item #19, Agreement for Refuse Collection Services. Councilmember Richards questioned who had prepared the staff report and were there Richards any other estimates that were considered. � City Attomey Leal stated he had prepared the staff report and he had made several calls Leal � for rates and bids. It was then moved by Councilmember Richards to direct staff to investigate and see if we Richards can achieve a better rate or better services and provide competitive costs prior to taking action on this item. City Attorney Leal stated the municipal code clearly indicates that this is not a bidding Leal issue. �� Councilmember Reyes discussed the existing contract that was never put before Reyes competitive bidding. Motion seconded by Councilmember Byrd. gYrd A substitute motion was then made by Councilmember Richards, seconded by Richards Councilmember Sanchez to refer this matter back to staff in order to compile a list of competitive bidders for this servire. � � ROLL CALL: (on substitute Motion) ; AYES: COUNCILMEMBER BYRD, RICHARDS, SANCHEZ NOES: COUNCILMEMBER REYES Councilmember Sanchez stated for the record that the reason that he is voting yes, is only Sanchez in the best interest of the residents in order to provide them with the lowest possible rate. Therefore, it is important to bring this item back with the recommendations Councilmember Byrd stated he would like to see Joe's Sweeping pay their own dumping Byrd ' fees. � � I 5� ROLL CALL: (contJ NOES: COUNCILMEMBER REA Item #20-Second Reading of an Ordinance. The Ordinance amending Chapter 2 of the Municipal Code as it relates to decorum at City Council Meetings and the Ordinance Amending Chapter 25 relating to antenna regulations were adopted during the Consent Calendaz. Richards Councilmember Richazds requested the record reflect that he wishes to change his yes vote to a no vote. I �oper City Clerk Hooper stated the record would reflect this change. �-_-� Itein #21, Ordinance Requiring Greater Disclosure in City Government. teyes Councilmember Reyes stated there is a need to adopt this ordinance, in order to provide accountability and public trust to the residents. � � j ;yrd Councilmember Byrd stated no previous administration in the city's 75 yeazs ever needed this type of ordinance. Also stated Councilmembers should be able to check themselves, and not have someone else checking them. Reyes Councilmember Re es stated he and his osition are acc Y p ountable to the residents in this City. Also stated in order to better do our jobs, we must abide by rules and regulations, he is aware that the Mayor wishes to pull this item, but at this time would like fellow Members to reconsider and adopt the ordinance. Richards Councilmember Richards questioned who had prepared the ordinance and which governntent code provisions were utilized in the preparation. Leal City Attorney Leal stated he had prepared the ordinance and that govemment code government cs�d�ons refening to gifrs and contributions; were utilized. Other sections of the ' 1 sections ordinance were not code related. �_._.J referring to �ifts and cor�t�ib�ions were t' lized Rea ayor ea recommende� t�ie rtem be pulled for further review. .eal City Attorney Leal requested Council input on this ordinance. Item #12-Audit of USA Waste It was moved by Councilmember Reyes, seconded by Mayor Rea to: AUTHORIZE A REQUEST FOR PROPOSAL TO FIND AND HIRE A QUALIFIED COMPANY TO AUDIT USE WASTE ROLL CALL: AYES: COUNCILMAN BYRD, REYES, RICHARDS Sanchez Councilmember Sanchez stated he does not see the need for another audit, feels we have wasted enough time and money on these types of issues. Leal City Attorney Leal clarified that this item contains two actions, the first authorizes the rSA Waste, Request for Proposal to find and hire a qualified company to audit USA Waste, and, in �� tandem with that audit is a recommendation that the same entity review all relevant records to determine if the City is on track to comply with AB939. `- . Richards Councilmember Richards withdrew his Motion. Byrd Councilmember Byrd withdrew his second. find and hin��, then moved by Councilmember Reyes, seconded by Mayor Rea to: qualified AUTHORIZE A REQUEST FOR PROPOSAL TO FIND AND HIRE A company to QUALIFIED COMPANY TO AUDIT USA WASTE. udit USA �aste 8 , , _ ,�, �o uoLL c.aLL: AYES: GOUNCILMEMBER REYES, REA NOES: COUNCILMEMBER BYRD, SANCHEZ, RICHARDS ABSENT: NONE Mayor Rea requested a copy of the Assembly Bill that relates to AB939. � . Item #23-Proposal to Provide Video Production Services.� ' Councilmember Richards stated he is pleased to see Council entering into an Agreement Richards r ; with Mr. Roberson, who was a tremendous asset to the city while he was an employee. one year 4� Howe"ver questioned the general idea behind the one yeai term agreement, and term � specifically clause #8, which staYes the city may terminate at any time with or without agreement cause. It. was then moved by Councilmember Byrd, seconded by Councilmember Byrd to approve the Agreement with the deletion of clause #8. ' � A Substitute Motion was, then made by Councilmember Reyes, seconded by Mayor Rea _ ' to approve the Agreement as is. ROLL CALL: (on the substitute motion) ' AYES: . . NOES: COUNCILMEMBER BYRD City Attomey Leal recommended amending the termination dause of the contract to state Leal that it be-essenfially for cause, as opposed to an at will, with or without cause. Councilmember Richards requested the wording be amended to state "for cause, and the Richards the city provide Mr. Roberson with at least 30 days to cure any problems". �� f ' Council unanimously agreed to the amendments and the substitute motion was removed. � ' ROLL CALL: (on oritinal motion) - • AYES: COUNCILMAN BYRD, REYES, RICHARDS, SANCHEZ, REA . , NOES: NONE � ABSENT: NONE DISCUSSION ITEMS City Clerk Hooper annouriced the opening of nominations for the Community xooper � Development Block Grant Advisory Board. • ' Councilman Byrd nominated Donald Primmer Councilman Reyes nominated Patricia Carr Councilman Richards nominated Connie Franklin Councilman Sanchez nominated Mario Gutierrez � Mayor Rea nominated Claude Law, Jane Vema Ganett, and Kenneth Alford. ' City Clerk Hooper then announced �the three vacancies on fhe Community AffairsHOOper � Commission and stated nominations are now in order. ' Councilmember Byrd nominated Barbara Newton. � � ` � � � �� Councilmember Reyes nominated Jose de la Torre. - � Mayor Rea nominated Sue Amicone, and Katherine Amey. ! It was then moved by Councilmember Byrd, seconded by Councilmember Reyes and carried to'close nominations. ' 9 ' i � �,::� �' �. . It was moved by Councilmember Byrd, seconded by Councilmember Reyes and carried to appoint the Commissioners by acclamation. Iooper City Cierk Hooper then announced the remaining open nomination on the Public.Safety nomination o�rommission, and stated Councilmember Richards' nomination is now in order. the public safety commi sio �ounoilmember Richazds stated that at the last meeting he was concerned with the Richards validity of the Commission, and now feels that Council unlawfully rescinded°the Law law enforce- Enforcement Review Board and in tum established this.new Commission. Also stated at lent review board this time, he cannot appoint any commissioner. " 1 t tichards Councilmember Richards then ques,tioned the City Attorney's report referring to Conflict — tovernment o£ Interest, and stated the wording is inconsistent with Govemment Code Section 1090. 1 090 section Mayor Rea is in willful violation ofthe Government Code. teyes Counciimember Reyes requested the record reflect Councilman Richaxds unwitlingness to vote. I tichards Councilmember Richazds stated he will pass this evening on his nomination. COUNCIL ORAL AND WRITTEN COMMUNICATIONS . :ichards Councilmember Richards stated there were a number of items that he had requested be _ocal law placed on the Agenda that have not come back, such as reconsideration of the Local Law �nforcement Enforcement Block Grant Funds, and rescission of the sham agreement with the >lock grant Lynwood Press Wave. Further went into detail about specific items, in that agreement unds that are unclear, such as the,full time reporter, the focus on community coverage, the increased usage of photography, the police blotter, recap of Council meetings, a contact liaison, and delivery. It was moved by Councilmember Richazds, seconded by Councilmember Byrd to place �l� an item on the Agenda at the next regular scheduled meeting to reconsider the Agreement �� with the Lynwood Press Wave. � � ROLL CALL: .. AYES: COUNCILMEMBER BYRD, RICHARDS NOES: COUNCILMEMBER REYES, SANCHEZ, REA ABSENT: NONE :ichards Councilmember Richards then questioned why the Lynwood Jouriial had been banned .ynwood f om City Hall, what was the nature of that action, wh was it banned, did this action �ournal bannec�l Y 'rom city halqome from the Mayor and is the Ivlayor attempting to censure the Joumal from City Hali. It was then moved by Councilmember Richards, seconded by Councilmember Byrd to place an item on the Agenda for the next regulaz.scheduled meeting with'regard to "can publications be banned from City Hall". ROLL CALL: " AYES: COUNCILMEMBER BYRD, RICHARDS NOES: COUNCILMEMBER REYES, SANCHEZ,-REA ABSENT: NONE � Richards Councilmember Richazds then questioned whether or not the city still has JTPA program '- I and who administers this program. Gonzales City Manager Gonzales stated the Sheriff's Departrnent is working with the Youth Employment Program Richards Councilmember Richards questioned who previously ran the program for the City and what organization or what city unit previousiy oversaw the administration of the JTPA. lo � � s � City Manager Gonzales stated previously it was the LEED program, however, they were Gonzales not responsible for the administration of the program. Councilmember Richards questioned weren't they responsible for interfacing with the Richards Sheriff's Department. City Manager Gonzales stated the County was responsible for the overall administration Gonzales for the JTPA program, the LEED was the non-profit advisor. i' After further discussion, it was moved by Councilmember Richards, seconded by Councilmember Byrd to place on the Agenda for the next regular scheduted meeting, � reconsideration of action elimina ting t he L E E D Wor k net Program. ROLL CALL: AYES: COUNCILMEMBER BYRD, RICHARDS NOES: COUNCILMEMBER REYES, SANCH'EZ, REA ABSENT: NONE Councilmember Richards then discussed the Colts Commission Report which contains an Richards entire chapter on the City of Lynwood. FuRher discussed his concems with the Mayors' colts dissemination of the Law Enforcement Review Board, which he considers to be a conflict commission of interest. report I 4 It was then moved by Councilmember Richards, seconded by Councilmember Byrd, to place on the Agenda for the next regular scheduled meeting, reconsideration of the dissemination of the Law Enforcement Review Board. ROLL CALL: AYES: COUNCILMEMBER BYRD, RICHARDS I , NOES: COUNCILMEMBER REYES, SANCHEZ, REA i ABSENT: NONE Councilmember .Richards discussed fraudulent statements that were printed in the Richards Lynwood Press regarding comparative costs between themselves and the Lynwood fraudul.e- Journal. Also questioned misquotes of the City Attorney and questioned why is the city nt statem- , paying 9,000 for mistakes. ents that were prin- ed in the Councilmember Richards then discussed the renaming of the Lynwood Library in hon&Ynwood Pres of the late Councilman Heine, and recommended the renaming be concluded no later than Richards renaming of the end of April. the Lynwood Library It was moved by Councilmember Richards, seconded by Councilmember Byrd to bring this item back at the next regular scheduled meeting. Mayor Rea then introduced a substitute Motion, seconded by Councilmember Reyes, to Rea direct the City Manager's Office to contact the second district supervisoral office of contact , second .' Yvonne Brathwaite Burke and present the recommendations from the Council to request for consideration and discussioii on this item as we brought forth to Senator Ruben the district superviso Los Angeles County Librarian for consideration. ral office ' �! Councilmember Byrd discussed graffiti on phone poles at Agnes and Bullis, and graffiti gYrd - and overgrown weeds at Atlantic and Agnes. Also stated complaints with shopping carts graffiti behind Frank's Garage. and ocergrown weeds at Atla- Councilmember Sanchez commended the community based organizations that volunt�eer and Agnes their time cleaning up the community, and stated he would like to see more of this type of Sanchez volunteerism in the city. Discussed concem with the lengthy Council Meetings, and commended stated the Council should be able to work together, communicate and resolve issuesbased among themselves, and this would make the meetings move along. Discussed an orginizati invitation that he received from the Lynwood Hispanic Chamber of Commerce which lengthy council. meetings 1] 63 indicated Council approval on the use of Bateman Hall. Stated he had no knowledge of this and questioned who authorized this activity. Reyes Councilmember Reyes thazilced Code Enforcement and the SherifPs Department for [heir problem on help on Long Beach Blvd. Requested staff bring back the contractor that worked on the the west sid �een Center to make necessary repairs and completion on the building. Also discussed lazaynwood �e problem on the west side ofthe Lynwood Plaza with car clubs that have been hanging vergrown weedF9und speeding and racing, and stated this situation must be dealt with. Also discussed long concerns with overgrown weeds along Santa Fe Ave., between Norton and Martin Lather anta Fe Ave. King Jr. Blvd. Agreed with resident Rod White on the need for a larger Council j Chambers. Commended United Families of Lynwood on the great job they are doing. J Questioned the date of this yeazs Unity Dinner and thanked staff and the residents for � attending Council Meetings. Richards It was moved by Councilmember Richazds to place Mr. Pepe Crow on the Agenda for a verbal presentation on the next regulaz scheduled meeting. Mayor Rea directed Mr. Crow to submit his request to the office of the City Manager. CLOSED SESSION - Rea It was moved by Mayor Rea to continue the items listed on closed session, a conference public with Legal Counsel on Anticipated Litigation and Significant exposure to litigation employee pursuant to subdivision (b) of Section 54956.9, one case, Wilson & Becks, and pursuant iscipline/ ismissal/ to section 54957, Public Employee Discipline/Dismissal/Release. release Having no further discussion, it was moved by Councilmember Reyes, seconded by Councilmember Sanchez and carried to adjoum at 11:00 p.m. { MAYOR A ANDO REA � �J C54� D't a �oh� CITY CLERK ANDREA L. H OPER . � iz