The URL can be used to link to this page

Home My Public Portal AboutM 2003-06-03 - CC �� LYNWOOD CTTY COUNCIL REGULAR MEETING JUNE 3, 2003 The City Council of the City of Lynwood met in a Regular Meeting in the Council Chambers, 1 1330 Bullis Road on the above date at 6:15 p.m. Mayor Pedroza presiding. Councilman Byrd, Reyes, Richards, Rodriguez and Pedroza answered the roll call. Also present were City Manager Hempe, City Attorney Casso, City Clerk Hooper and City Treasurer Pygatt. City Clerk Hooper announced that the agenda had been duly posted in accordance with the Brown Act � Item #6: PRESENTATIONS/PROCLAMATIONS: • LA County Sheriff Department — Century Station: Acknowledgment of Transferred Deputies • 38`" Annual Older Americans Recognition Day Celebration: Mr. Charles R. Wood PUBLIC 012AL COMMUNICATIONS (Regarding Agenda Items Only) ` Rob White — Spoke on Item #17 — Stated that he agrees with opposing the Park Water � companies proposed rate increase. Frederick Woocher — Spoke on Item #23 — Stated that he is an Attomey from the firm of " Stormwatcher and Woocher and is here representing the proponents of the petition to reca]I Paul H. Richards, II, explained to Council that if they fail to act on the necessary motions there would be two consequences one is pursuant to the Election Code the Register Recorders Office will take over and determine the Special Elections Date, the second consequence is that the City Counci] will find themselves subject to lawsuits for violation of the constitutiona] rights of the recall proponents for failure to take the action that is required of them pursuant to the Elections Code. � Loma Hawkins — Spoke on Item #23 — Questioned the Council and the City Clerk that when a proponent is requesting for a resident to sign the recall petition for Paul H. Richards, II, they have to be residents of Lynwood and register voters themselves. Stated that because she was approached by someone that no longer lives here in the City of Lynwood. Antonio Mongia — Spoke on Item #�13 — Stated that he is hoping the Council will oppose to the expansion of the access to driver licenses, believes there is too much problems as it is, the Counci] should consider the safety of the community. Lionso Guzman — Spoke on Item #21 — Explained to Council that he was never notified in regards to the Firework applications when they were being opened and closed, would like to ask the Council to give him the opportunity to participate in this event. � PUBLIC ORALS COMMUNICATIONS � ' , Adolph Lopez — Stated that he is very happy with the City's progresses in getting the alleys cleaned, would also like for Council to provide more crosswalks in the City. Stated that the organization of LULAC will provide the seniors with some funds. Margaret "Lonian = Asked Council to revoke the sell and use of Fireworks, they are irresponsible, undesirable and dangerous. Also stated that you cannot tell the difference from gunshots to fireworks. . � '��, Paula Bradley — Stated �that she is very happy with the City's progressive changes. Explained that the Fireworks aze very dangerous for the young community would like for Council to reconsider revoking the sell and use of Fireworks. Sylvia Herron — Stated that she also agrees with revoking the Fireworks. Also stated that she would like to know liow much is the cost for the Regular Election and the Special Recall Election, and if we can pass the cost of the Special Recall Election to the proponents of the recall. � Susie Gomez — Explained to Council that she is a senior at Lynwood High School, and would like to request Council for their financial cooperation so she can attend the J University Camp Program that the High School is offering. Ivan Crosby — President of �the Southeast Sun Newspaper, explained to Council that about four yeazs ago his company presented a proposal to the City Council, but for whatever reason that proposal wasjterminated. Stated that he brought the proposal back and presented it to the City Manager which she told him that it would be on tonighYs agenda and again it has not been posted on the agenda, so now I am here requesting for Council to give me the opportunity'to bring back the Southeast Sun Newspaper proposal, to help provide the community of � ynwood with the information they need. Maria. Garcia — Representative of the Southeast Sun Newspaper, explained to Council that she is very upset with the way she and Mr. Ivan Crosby were treated by City Manager Hempe, stated tliat she is a very arrogant woman. I am requesting an apo(ogy from the City Manager to u� , I personally think that the community should be first. I Irene Garcia — Stated that she is in agreement with revoking the Fireworks, stated that she is also against the SB 60, it �is a privilege to have a drivers license. Carole Reece — Stated thatl she is in favor of revoking the Fireworks, believes that the City shoUld just keep prov'i'ding the community with the pazk show. Also stated that she heard that fhe City is payirig for a City Attorney to help provide Paul H. Richazds, II with consultation, believes that it is something to be concerned about. — � Joaquin Macias = Stated that he is very ashamed of the Council, because Council did not support the soldiers who fought the waz for our Country, but yet there is enough money to pay Paul Richards attorney, and to also hold special meetings. � Albert Jimenez — Stated that he also supports the revoking of the Fireworks, believes the City should be more involved and cautious toward the fireworks they aze too dangerous for our children. Stated that�Council should give the Southeast Sun Newspaper a chance. � i Pat Shields — Explained ,that Council needs to work together to help support the community, believes that ; the taxpayer's money should not be spent on trying to get someone out of office, in'stead we should take the money and use it for the City's programs for our children,� parents and seniors. Invited the Council to the Dominoes Graduation from the preschooler's. r Pearline Calderon — Also agrees with revoking the Fireworks, the Council should not allow the residents to blockt,the streets. I also think that the senior's citizen center will be a great project for the City. j Lorain Reed — Explained to�Council that she has a major graffiti problem at her home, we went ahead and put cameras and one of the guys was caught and served time, but now he is out and the graffiti keeps coming back, would really appreciated if Council would I enforce the graffiti issues. Believes that the Recall should be conducted in a professionalism way instead of fighting and starting rumors. Mazia Santillan — Questioned on why is the City paying for a personal attomey to conduct services for Mr. Paul Richazds. When Mr: PauT Richazds should pay his own personal attomey from his own pocket money. Believes the City shouid not interfere with �� o Mr. Paul Richards recall and direct Councilman Richards to finance his own legal fees and investigations. Patricia Carr — Stated that she agrees with revoking the Fireworks, but she understands that this would take time so she is offering'.a solution, for Council to designate certain officers to patrol the City's street or provide a designated officer to answer complaint calls. ,_,,, Item #7: CITY MANAGER'S REPORT: � City Manager Hempe — Announced to Council that the City has received a Hazard Elimination Safety Grant to make improvements to the intersection of Atlantic Avenue and Pendleton Avenue. This includes the installation of a pedestrian activated signal crossing, thermoplastic pavement markings, high visibility school crossing signs, paving stone crosswalk and curb ramps. Director of Environmental Services/City Engineer Yadi Farhadi — Explained to Council the City's situation in regards to the signal crossings, high visibility signs, paving stone crosswalks and curb ramps, stated that the City is in great need of these particular equipment. Item #9: MINUTES OF PREVIOUS MEETINGS: [t was moved by Councilman Byrd, second by Councilman Reyes to approve the following minutes. ; • Special Meeting, April T6, 2003 . • Speciat Meeting, Apri123, 2003 ROLL CALL: � r ' AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, ; � PEDROZA , NOES: NONE ASSTAIN: ' NONE � ABSENT: NONE PUBLIC HEARINGS [tem #10: APPEAL NO. 2003-2001 (CONDITIONAL USE PERMIT NO. 2003- 2002) 3800-3840 MARTIN LUTHER KING JR. BOULEVARD. For the City Council to conduct a continued public hearing to consider an appeal by the developer requesting that the City Council overturn the decision of the Planning Commission to deny Conditional Use Permit No. 2003-2002, a request to construct a new ' drug store and convert a vacant bowling alley into a medical office building at 3800-3840 Martin Luther King Jr. Boulevard in the G2 (Light Commercial) zone. The Appeal and Conditional Use Permit request approval of the following entitlements. A) Permit development in the Civic Center Area Overlay zone B) Permit an off-site general alcoholic beverage license at the drug store � It was moved by Councilman Reyes, seconded by Councilman Byrd and carried to open public hearing. Hearing no response, it was moved by Councilman Richards, seconded by Mayor Pro Tem Rodriguez and carried to close public hearing. It was moved by Councilman Reyes, seconded by Mayor Pro Tem Rodriguez to adopt the following Resolution. RESOLUTION NO. 2003.094 ENTITLED: , ,�_� ��, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING APPEAL NO. 2003-01 (CONDITIONAL USE PERMIT NO. 2003- 02) TO CONSTRUCT A 14,840 SQUARE FOOT DRUG STORE AND CONVERT A VACANT BOWLING ALLEY INTO A 32,005 SQUARE FOOT MEDICAL OFFICE BUILDING AT 3800-3840 MARTIN LUTHER KING JR. BOULEVARD IN THE C-2 (LIGHT COMMERCIAL) ZONE WITHIN THE CIVIC CENTER OVERLAY AREA. IN ADDITION, THE CONDITIONAL USE PERMIT WOULD ALLOW AN OFF-SALE GENERAL ALCOHOLIC BEVERAGE LICENSE AT THE DRUG STORE LOCATED AT 3800 MARTIN LUTHER HING JR. BOULEVARD LYNWOOD, CALIFORNIA. ROLL CALL: — AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #11: ZONING ORDINANCE AMENDMENT N0. 2003-01 ASSEMBLY BILL AB 1866 – 2 RESIDENCES, DEVELOPMENT STANDARDS, ANDPROCEDURES For the Cit . y Council to conduct a public hearing to consider adoption of- Zonmg Ordinance Amendment No. 2003-01. A text amendment in compliance with Assembly Bill AB 1866 to permit second residence in R-1 (Single Family Residential) zones, set forth appropriate development standards, and amend the process and procedures. It was moved by Councilman Reyes, seconded by Councilman Byrd and carried to open public hearing. Rob White – Spoke against AB 1866. Adolph Lopez – Spoke against AB 1866. _, Antonio Mongia – Spoke against AB 1866. Grant Taylor – Presented the Council a brief presentation on the Assembly Bill AB 1866. Gloria Newman – Spoke in favor of AB 1866. Irene Garcia – Spoke against AB 1866. A1 Rouch – Spoke against AB 1866. Patricia Carr – Spoke against AB 1866. It was moved by Councilman Reyes, second by Councilman Byrd and canied to close public hearing. Councilman Reyes – Stated there is nothing that Council can do to avoid the procedures of the Assembly Bii AB 1866. Directed staff to administratively approve R-2 and R-3, including it in the Ordinance. It was moved by Councilman Richards, seconded by Councilman Byrd to approve the I first reading of the Ordinance as amended with accordance to State Law only and ~ continue to require the condition use permit to a R-2 and R-3. ORDINANCE FIRST READING• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 25 OF TI-IE LYNWOOD MUNICIPAL CODE BY PERMITTING MINISTERIAL APPROVAL OF SECOND UNITS SUBJECT TO ,� `� `,� SPECIFIC CRITERIA, AND AMENDING RESIDENTIAL DEVELOPMENT STANDARDS. ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE ABSTAIN: NONE r-- ABSENT: NONE i � Item #12: ZONE CHANGE NO. 2003-02 3365 MARTIN LUTHER KING JR. BOULEVARD For the City Council to conduct a public hearing to consider approval of a zone change from C-2 (Light Commercial) to C-3 (Heavy Commercial) in conjunction with an auto repair facility located at 3365 Martin Luther King Jr. Boulevard. It was moved by Councilman Richards, seconded by Councilman Reyes and carried to open public hearing. Hearing no response, it was moved by Councilman Reyes, seconded by Mayor Pro Tem Rodriguez and carried to close public hearing. It was moved by Councilman Reyes, seconded by Mayor Pro Tem Rodriguez to approve the Ordinance for first reading and introduction. ORDINANCE FIRST READING: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD � APPROVING ZONE CHANGE NO. 2003-2002, CHANGING THE ZONING FROM G2 (LIGHT COMMERCIAL) TO C-3 (HEAVY COMMERCIAL), ON. ' � PROPERTY LOCATED AT 3365 MARTIN LUTHER KING JR. 130ULEVARD, ' FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6208-017-008, TI2ACT 5772, LOT 95, CITY OF LYNWOOD, CALIFORNIA. � ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE _ ABSTAIN: NONE 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. Councilman Reyes — Pulled Item #13 for further discussion. Councilman Richazds — Pulled Item #18 for further discussion. � � � It was moved by Councilman Reyes, seconded by Mayor Pro Tem Rodriguez to receive, I file and adopt the following Ordinances and Resolutions. ' Item #14: PROCUREMENT OF RECONDITIONED FORKLIFT RESOLUTION NO. 2003.096 ENTITLED• A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LYNWOOD AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO PROCEED ' WITH THE NEGOTIATION AND PURCHASE OF A RECONDITIONED FORKLIFT NOT TO EXCEED $8,500.00. �� i. Item #15: ACCEPTANCE OF MURIEL DRIVE, OLANDA AVENUE AND LAVINIA AVENUE IMPROVEMENT PROJECT, PROJECT NO. 5-5253 AND 5-5261, AS COMPLETE RESOLUTION NO. 2003.097 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE MU DRIVE, OLANDA AVENUE AND LAVINIA AVENUE IMPROVEMEPTT PROJECT, PROJECT NO. 5-5253 AND 5-5261, AS COMPLETE. Item #16: AWARD OF PURCHASE ORDER AGREEMENT FOR BATTERY J BACK-UP SYSTEMS FOR TRAFFIC SIGNALS, PROJECT NUMBER 5-5259 AND 5-5276 RESOLUTION NO. 2003.098 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A PURCHASE ORDER AGREEMENT TO WESTERN PACIFIC SIGNAL, LLC. IN THE AMOUNT OF $74,911.00 FOR THE BATTERY BACK- UP SYSTEMS FOR TRAFFIC SIGNALS, PROJECT NUMBER 5-5259 AND 5- 5276, AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE THE PURCHASE ORDER AGREEMENT. Item #17: OPPOSING PARK WATER COMPANY'S PROPOSED RATE INCREASE RESOLUTION NO. 2003.099 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF TAE CITY OF LYNWOOD OPPOSING THE PARK WATER COMPANY'S RATE INCREASE PROPOSED FOR THE YEAR 2004 THROUGH 2O06. Item #19: AWARD OF THE MAINTENANCE OF THE LI'NWOOD SEWER SYSTEM PROJECT — RESOLUTION NO. 2003.101 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING THE CONTRACT FOR THE MAINTENANCE OF THE LYNWOOD SEWER SYSTEM PROJECT TO NATIONAL PLANT SERVICES, INC. AND AUTAORIZING THE MAYOR TO EXECUTE TAE AGREEMENT. ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE . ABSTAIN: NONE ABSENT: NONE Councilman Reyes – Item #13 - Stated he would like to make a correction on the spelling of the Resolution, on the second pazagraph where it states "Senator Cadillo" it should be "Senator Cedillo". It was moved by Councilman Reyes, seconded by Mayor Pedroza to adopt the following i Resolution with correction. Item #13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 LYNWOOD SUPPORTING SB 60 (CEDILLO) TO ENHANCE HIGHWAY AND ROAD SAFETY THROUGH THE EXPANSION OF ACCESS TO DRIVER'S LICENSE ' �54 RESOLUTION NO. 2003.095 ENTITLED• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SUPPORTING . SB 60 (CEDILLO) TO ENHANCE HIGHWAY AND ROAD SAFETY THROUGH THE EXPANSION OF ACCESS TO DRIVER'S LICENSE. ROLL CALL: AYES: COUNCILMEN BYRD, REyES, RICHARDS, RODRIGUEZ, PEDROZA _ NOES: NONE ; ABSTAIN: NONE • ABSENT: NONE Councilman Richards — Item #]8 — Stated he would like to discuss this item after Discussion Items. Held over by General Consent. DISCUSSION ITEMS Item #20: ONE (1) VACANCY — COMMLINITY DEVELOPMENT BLOCK GRANT BOARD Per the attached letter, Veta Banks has submitted a letter of resignation for the Community Development Block Grant Board. Former Councilman Ricazdo Sanchez appointed Commissioner Banks to the Community Development Block Grant Board. Also the following applicants have an application on file and wish to be considered for _ the Community Development Block Grant Board. • Billy Younger , ' • Irene M. Garcia • Roberto Vasquez • Willie G. Williams Councilman Byrd — Stated that Dr. Manlapaz has been trying to submit an application, but has been unsuccessful and would like for Council to consider including Dr. Manlapaz on the list as a Commissioner for the Community Development Block Grant Board. Councilman Byrd — Nominated Dr. Manlapaz ' Councilman Reyes — Nominated Irene M. Gazcia It was moved by Councilman Byrd, seconded by Mayor Pro Tem Rodriguez and carried to close the nominations. City Clerk Hooper called roll far the Commissioners. Councilman Byrd — Nominated Dr. Manlapaz Councilman Reyes — Nominated Irene M. Garcia Councilman Richards — Nominated Dr. Manlapaz ,_ Mayor Pro Tem Rodriguez — Nominated Irene M. Garcia Mayor Pedroza - Nominated Dr. Manlapaz ' City Clerk Hooper — Announced that the new appointed Community Development Block Grant Boazd Commissioner is Dr. Manlapaz. Item #18: APPROVAL OF THE WARRqNT REGISTER It was moved by Councilman Richards, seconded bq Councilman Reyes to adopt the following Resolution. , ��, , �r RESOLUTION NO. 2003.100 ENTTTLED: ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA ALLOVVING AND APPROVING TAE DEMANDS AND ORDERING WARRANTS THEREFORE. ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE AB5TAIN: NONE ABSENT: NONE Item #21: FIREWORKS STANDS At the Special Meeting of June 4, 2002, City Council adopted Ordinance No. 1521 that states: 1) Section 1: "Municipal Code Section 12-2.5 is amended to delete the sentence, "The maximum number of licenses that may be issued pursuant to this section during any one calendar year shall not exceed fourteen", may be increased at the discretion of the City Council. Councilman Byrd – Stated lie is,against the Fireworks. Councilman Richards – Stafed the Fireworks are very dangerous, and it is getting out of hand, and would like to bring an Ordinance revoking the Fireworks for the next Regulaz scheduled Council Meeting. City Attorney James Cas,so – Explained that if Council wishes they could bring back an Ordinance revoking the use of Fireworks. Councilman Richards – Stated that maybe the Council could adopt an Ordinance that authorizes a safe zone designated area for the use of fireworks, instead of allowing the —~ use of fireworks in residential areas and commercial areas, which eventually will get out of hand. Mayor Pedroza – Explained that he would like for all the Commissions to get together and work something out.' City Clerk Hooper = Explained to Council that the Fireworks funds are returned to the community by scholazships, school materials and City events. It was moved by Councilman Byrd, seconded by Councilman Richazds to approve all twenty-one Fireworks Stands. ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA i NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #22: REIMBURSEMENT OF PARK WATER CUSTOMER REBATES The purpose of this item is to have the City CounciL• ' J 1) Review the Park Water customers utility users ta�c exemptions for the period oF 1990 through 2003. 2) Authorize staff to reimburse the General fund pursuant to legal opinion of such transfer of funds from the water fund to the general fund. � I , � �� City Attorney James Casso — Explained to Council that he would like to have more time to further evaluate and consider the propriety of the action. Councilman Richards — Stated that he would like to add some additional language on the Resolution, so it may strengthen some clauses. City Manager Hempe — Explained to Council that there is one change to make on the Resolution which is on the second paragraph the total states $775,398.00 it should state $677,995.00. Councilman Richards — Explained the changes starting on the second whereas clause, where it should state the following. • Whereas the City Council desires to create greater equality between City Water Users and Park Water Reusers. • Whereas the City Council can consider several altematives including condemnation of the Park Water System. • Whereas the City Council selected the most effective and efficient approach to rep the use of Utility User Tax Exemption. • Whereas this strategy resorted in benefits to City Water Users. • Whereas the strategy resorted in the cost of the City's general fund, which it should have more properly, been born by the City's Water fund. • Whereas the City now seeks reimbursement for expenses to the � general fund. It was moved by Councilman Richards, seconded by Councilman Byrd to adopt the following Resolution. RESOLUTION NO. 2003.102 ENTITLED: � ^ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE TRANSFER OF $677,995.00 FROM THE WATER FUND TO THE GENERAL FUND FOR REIMBURSEMENT OF PARK WATER UTILITY USERS TAX REBATES. Councilman Reyes — Stated that he would abide by the City Attori�eys legal opinion. � It was moved by Councilman Reyes, second by Mayor Pro Tem Rodriguez and canied to I continue this item to the next scheduled Regular Meeting. City Attorney James Casso — Explained to Council that he is comfortable with Councilman Richards changes on the Resolution language. Councilman Richards — Stated he would like to make one more change on Secfion 3, it should state. � Section 3. Upon such transfer shall be reserved for the Senior Citizens Center Project. And then followed by Section 4. That this resolution shall take effect immediately ' upon its adoption. SUBSTITUTE MOTION ROLL CALL• � AYES: COUNCILMEN REYES, RODRIGUEZ r--• NOES: COUNCILMEN BYRD, RICHARDS, PEDROZA - ABSTAIN: NONE ' ABSENT: NONE , REGULAR MOTION ROLL CALL• AYES: COUNCILMEN BYRD, RICHARDS, PEDROZA NOES: COUNCILMEN REYES, RODRIGUEZ ABSTAIN: NONE ABSENT: NONE I � � Item #23: CITY CLERK'S OFFICE Consideration of issuing an order, pursuant to Elections Code 11240, Stating that an Election shall be held oq the Petition to Reca11 Councilmember Paul H. Richards, II. City Clerk Hooper — Explained to Council that the City Clerk's Office is seeking direction as to when the election on the petition to Recall Councilmember Paul H. Richards, II should be held, Under Elections Code Section 11242, the election shali be held not less than 88, nor more than 125, days after the issuance of the order. The Election must be held between the 88` day, August 30, 2003, and the 125` day, October 6, 2003. � Councilman Byrd — Explained that he has to read a letter to the City Clerk and the Councilmembers, in regards to the Special Election Recall, stated that the City Clerk is the Elections Officer and it is her duty to take over the election and take the necessary actions that need to be done to proceed with the Recall for Paul H. Richazds, II. � Mayor Pro Tem Rodriguez — Stated he would like to make a motion that the Special Election would be set ninefy day (90) after tonight in which happens to fall in September 2, 2003. ' ' ' Councilman Reyes — Second the motion. Mayor Pedroza — Questioned the City Clerk in regards to her respond to Councilman Byrd's letter. • City Clerk Hooper — Explained to Council that she has found inegulazities iq regazds to the Recall Petitions that were submitted in the City Clerk's Office. Stated that the Attomey Firm that has been hired by the Council to provide Legal Advice on the Recall Petitions aze still investigating the Recall Petitions and will bring back an updated report to the Council, but she believes there is fraud being committed. ,, Mayor Pro Tem Rodriguez — Stated the City Clerk has no right to make any ---- recommendation, these are just allegations there aze no facts. City Attorney James Cas'so — Stated that he just wanted to caution the Members in being aware of the issues that �are anticipated litigations that may come up in regards to this item, and I would certainly ask the Members to be cazeful as to their comments so that the best interest of the City �is served. Mayor Pedroza — Explained that Council needs to follow by the letter of the law, Council is not here to make there' own judgment on anybody, this judgment must be done by the Courts, District Attomey; General Attorney of the State of California and by the Register Recorders Office. Couricil needs to submit this issues to the Courts to get the investigation taken care of. I would move that the Recall Petitions for Paul H. Richazds, II are processed to the County Recorders Clerk, District Attomey, State Court and the Federal Court and let them decide if the Council should proceed. Councilman Byrd — Second Mayor Pedroza's motion. Councilman Reyes — Stated that the City Clerk is just talking about the findings of some ' irregularities and fraud, is that just her opinion about the findings or does the City Clerk have documents to prove that there is fraud or irregularities being committed. City Attorney James Casso — Stated he would suggest that the Council not discuss this issue any further. Councilman Richazds — Stated that this is the worst attempt of derailing the Democratic process, in which so maziy' people have given their lives for. This Recall process is not just a Recall process it is ipersonal now. The Council took the Election Duties away from the City Clerk and also tried to take her seat from the dais. So now tell me who is being stripped away from their rights. I hope this investigation is completed. ' I �' � � �, Mayor Pedroza — Stated that there is a substitute motion on the floor pertaining to the Recall Petitions for Councilman Paul H. Richards, II that Council gives this petitions to the District Attorney, County Register Recorder Clerk, State Courts, Federal Courts, General Attorney and Secretary of State let them decide for the voters of the Lynwood if there is a fraud being committed let them decide the process and the date. Councilman Reyes — Stated he would like to have a legal opinion from the City Attomey, in regards to the motion that has been done by Mayor Pedroza, would like to know if Council is considering the date that has been listed on the agenda for the Special Election. City Attorney James Casso — Explained that the motion that the Mayor has offered is related to the Recall of Mr. Richazds if either motion passes or either motion fells then what would occur is that the City will not have taken action to set the Election and then the matter will fall in the hands of the County Election Official to determine within five days as to what`shall be the date for holding the Special Election, with regards to any investigations that may occur by the vazious identities listed in Mayor Pedroza's motion that investigation may or may not affect the setting of the date or may or may not affect the holding of the Election that is the purpose of the investigation. ' Councilman Reyes — Stated that he would like to makes the recommendation that Mr. Richards abstain from the voting based to the fact that he has financial interest on this matter. City Attomey James Casso — Explained that if that was the standard that would be used then it would be very difficult for Members of the Council to ever pass any item, I do not ' believe that Mr. Richards has any direct financial benefits other than any Councilmember might have had a financial interest in past Warrant Registers on Item #] 8 which set forth the Councils monthly gas allowance, reimbursements or any other expenses the Council ' has incurred. — SUBSTITUTE MOTION ROLL CALL: I AYES: COUNCILMEN BYRD, RICHARDS, PEDROZA NOES: COUNCILMEN REYES, RODRIGUEZ � ABSTAIN: NONE ABSENT: NONE City Attorney James Casso — Explained that Council did not under Section 11242 of the Elections Code did not set a date as to when the Election shall be held, given that under 1] 241 the County Elections Officials will now within five days set a date as to when the Election will be held. CITY COUNCIL ORALS AND WRITTEN COMMUNICATION Councilman Byrd —.Explained that something has to be done in regards to the Firewarks it is just getting out of hand. Also stated he does not undetstand why the City does not have enough money for other important things but yet there is enough money fifry thousand dollars ($50,000.00) to hold a Recall Election, that it is really not necessary. � Would like for the City Attorney to come up with an Ordinance to help eliminate the parking issues. Councilman Richards — Explained that no one can say that Councilman Richards has � some concerns with immigrants because he is the son of an immigrant. Stated that sometimes the people are very stubborn and rely on bringing.the Recall process forward and set up a lot of pretext phony attempts to remove the Clerk to say that she was the . subject of the Recall and she could not serve in her position never real but just to know so they can justify stripping her of her powers. Stated that he wishes the proponents would � have process the Recall without lies, rational discrimination and to obtain political power. Councilman Reyes — Stated that there has been overspending issues for example Close Session Item #24 — C were we aze going to discuss the fixing up of this piece of land that is going to cost, about $700,000.00 thousand dollars for the father of Mayor Pedroza to store his cars. i � °� 09. City Attorney James Casso — Stated that no one can discuss any Close Session Items in open session, leYs all piotect the City's interest, the matter set forth as #24 — C is not mentioned in any form as notice anyone other than the City of Lynwood and Processes by Martin. Councilman Reyes — Stated that Councilman Richazds is attacking the City's Residents, I am going to defend the iesidents, stated that because the Mayor, Councilman Byrd and Councilman Richazds are attacking the residents. It was moved by Councilman Richards, seconded by Councilman Byrd to recess to Joint Closed Session and to discuss the rest of the City Councils Oral and Written ~ Communication afrer closed session at 9:55 p.m. ROLL CALL: � AYES: COUNCILMEN BYRD, RICHARDS, PEDROZA NOES: COUNCILMEN REYES, RODRIGUEZ ABSTAIN: NONE ABSENT: NONE CLOSED SESSION Item #24: CLOSED:SESSION ITEMS City Attomey James Casso stated with respect to every item of business to be discussed in Joint Close Session pursuant to Section 54956.8: A. Conference with Real Property Negotiators: Lease and Joint Use of City and National Guazd Facilities B. Public Employee Performance Evaluation: City Manager C. Conference with Real Property Negotiators: City of Lynwood- and Processes by Martin D. Conference with Legal Counsel — Existing Litigation: Pacific •— Lightning & Standards v. Sialic Contractors Corp. et al Case No. TCO 15883 . � Council reconvened at 1120 p.m. City Attorney James Casso stated that the Councii met on the aforementioned matters and stated on: A. No reportable action � B. No reportable action C. Council authorized staff to enter into negotiations for purposes of obtaining a lease for this property with the owner D. No ieportable action ,, CITY COUNCIL ORALS AND WRITTEN COMMUNICATION Mayor Pro Tem Rodriguez — Stated that he also agrees with revoking the Fireworks, explained that he understands the resident's frustration and would like to help stop the selling of illegal Fireworks, what Council needs to. do is probably start citing. Mayor Pedroza — Stated the' City has to provide more sheriffs for the protection of the � community and also more pazk coritrol officers. Would like to purchase all motels or hotels that are for sale and demolish them and built something of better use for the community and stop the prostitution. Stated that he received threaten calls today stating that if he did not do as he was told then he would be recalled, stated that he is not afraid of anyone and he will do as He believes is the correct way: � '�� ADJOURNMENT Having no further discussion, it was moved by Councilman Reyes, seconded by Mayor Pedroza and carried to adjourn the Regular Council Meeting at 11:35 p.m. ' ,y- __. _ _ ; �i�_ ; e' i ', , ��-�"_, � ernando Pedroza, Ma or ��.�� , �� Andrea L. Hooper, City Clerk