The URL can be used to link to this page

Home My Public Portal AboutM 2001-12-04 - CC �25� � � � � .� LYNWOOD CITY COUNCIL � � � .. REGULAR MEETING , . DECEMBER 4, 2001 � �. The City Council of the City of Lynwood met in a Regular Meeting at Bateman Hall; - 11331 Ernestine Avenue on the above date at 6:25 p.m. (� Mayor Richards presiding. � � � �� j Councilman Byrd, Rea, Reyes, Richards and Sanchez answered the joint roll call for all � , agencies. . Also"present were City Manager Davis, City Attorney Thever, City Clerk Hooper and City Treasurer Pygatt. � City Clerk Andrea Hooper announced that the agenda had been duly posted in accordance with the Brown Act. lnvocation was led by Reverend John Hopkins. SPECIAL PRESENTATIONS/PROCLAMATIONS ' . :• Los Angeles County Fire Department —'Deputy Fire Chief Jesus Burciaga � ❖ Talpa Officials "Sister City" — Presidente Municipal Jorge Luis 1'erriquez U Secretario Gildardo Sanchez Gonzalez , •:• Councilmembers Recognition Awards - Mayor Pro Tem Ricardo Sanchez Councilman Armando Rea � Item #7 DECLARING THE RESULTS OF THE GENERAL MLTNICIPAL . ,,,,,,,� ELECTION NOVEMBER 6, 2001 � It was moved by Councilman Rea, seconded by Councilman Reyes to adopt Resolution: a R�SOLUTION NO. 2001.155 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, R�CITING THE FACT OF THE GENERAL MUNICIPAL • ,ELECTION HELD IN SAID CITY ON NOVEMBER 6, 2001, DECLARING THE I2ESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY - LAW". , � � ROLL CALL: � � � � � ` AYES: COUNCILMAN BYRD, R�A, REYES, RICHAI2DS .NOES: . COUNCILMAN SANCHEZ � ABSTAIN: NONE , Closing Remarks by former Councilmen: Councilman Armando Rea stated.that Lynwood has done well and families and the community are stronger: . Schools are getting better with higher academic standards, greater accountability, larger investments for new schools and expansion oF other schools _ for our City. Councilman Rea also stated that he is very grateful for being available to •-.— turned in the ring.to a new leadership; Councilman Fernando Pedroza and Ramon '�� ' Kodriguez. He also continued by congratulating the new Councilmen and wishing them ', � well in the future. He also gave tliem some recommendations: � ❖ Lynwood must maintain a record ofifiscal responsibility •:• Lynwood securi±y and its desire to prosper require less to continue investments and create vest improvements " �:• Lynwood need to ensure an environment of clean, honest and good government Mayor Pro Tem Ricardo Sanchez stated that he has lived in the City of Lynwood for 25 years: He also gave a detailed information on how the City of Lynwood was governed by , Caucasians, and throughout the years, as the City has changed it has become predominate I�� e hat� �� :,c eco�l'� Il�k� � noticeab1 etL nwo od doesn t b e C3 � �otes has. that in �99"1 it was S0 a oxity of ttu � K stated Ke hopes that this tim t h e m J. t the �tinos. a Latinos• �ouncil by �, Caucasians an xe also stateaTOgxams ana special e vents t�'athave e � the yeaY 19n9 plemented new P world of have cho$en to li�e the ainst ` ;reated ana to ethet. ments ag `� of Lyn`'`'0od g � e atives com ; ma de theix �e public with n g � i to the public that they to a ddress " �;. ge stated cYimeS• x �°ntinue Council men'bers. L n„�,dbd. dTUgs and Ce�tain individua] that t e I the newly elected 't live in of Do"�'ney vestigation conducted on City , e N,ould like an in, that this inaividual doesn that h ood voted in• Ae claims fox City C��il was not K stated roo fed that this individual used to live in t e Tesidents of LY hat he has p ust to run ana F.B I a uthotiti e wa ° f°eao oved to Lyn`a'°od J an a he Ke also stated C to have the D'P'' , e , ana why he `'`'°uldie uY ges the Democtatic countxy g stated this was a un aexstan dable• time to in�estigations. that "thls was a f b S aying whathe desixes. . ha a to intervened the discussion Mayor Richarbe un ited as Americans • , OF ELECTED OFFICIALS in by celebxate and TION ongodtigUeZ weie sworn CERTIFICA ssemb�Yr"an Item #5 eman pedroza and Ra h Califomia S�e �� xe-elect ci] members F ntonio Firebaug • beYS as e �,ly Coun an MaTC° A Coun cil m?n' , The n gtate As$en' Yatulated the ne �`' , . Califotni F�rebaugh cong e ouis �,��o tlntonio b Councilmanl' � cilmaz' Paul K. R�chaxds, II. ' R�chasds, II ,�'as sworn in y C oun '�.,�.,r�. Re_elected Council men'bex Paul H• gyxd. ers RemaC�s' ediate fami�y> and fxiends foY S Cou nci1Me mb N,lfe,imm him• N� o,PYOeTem Pedroza t ana aa �' ut thei[ trust in him duting voters that p o �� n g May h l s �amPalgn, relatives fox supP ort and , duxing fTiends, and e x sUpp h'm thanked his m°thex for h Rodr thaizked hls eci 11 y Coun cilman n He also wan tO esp Tem San�hez OY PTO ade by M nwood. He hl �a�ppaig ent m blessing • to �l the statem but, now, �l°e theiY t ust and wanted the Clty o g Cer[itos and putting Councilman Rodtigu he did lived in e that voted, saying that e is gYateful to th easliex by that h aign• o[t duxingh' camp continued by say�ng ce in him• all of her supp cities•. c onfiden ea h � s �,,ife foY ding nitaxies from °theT Surroun Councilman Richards than1c S ecial dig CouncilmanRichaxds also intxoduced P Councilman of Bell Gardens — SalvadoY FY Vi e Mayo City Osvaldo Conde' Councilman . `,..., City of Cudahy —. D anie1 CxeSp � � City of B ell G�aens - cilReorga°�ation: dedby COUncilman . C a secon ds and inationsforM y pedxoza,, Coun��lmanRichaz er °Pe nonated by Cou pOilmaz' City Clerk xoop $ r d $econded bY C Reyes �'ov d Y Councilman y B Ya to.appoint Artur° godxiguez• It ```aominations. to c:ose n $econded by C�uncilm y carcied gichatds, It Was mo�eaby Coun�cc amation� R fox MaYox bY . . . ��25� ROL' L .CALL: ' � AYES: COUNCILMEN BYRD, RICHARDS, RODRIGUEZ, PEDROZA, REYES _ - NOES: NONE ABSTAIN: NONE . Mayor Reyes stated� he invites City Council and city staff to work together for a better � Lynwood. . �� City Clerk Hooper opened nominations for Mayor Pro Tem. ,�, Councilman Rodriguez nominated Fernando Pedroza seconded by Mayor Reyes. Councilman Richards nominated Councilman Byrd. It was moved by Councilman Byrd, seconded by Councilman Rodriguez and carried to close nominations. ROLL CALL: Louis Byrd — Byrd Councilman Pedroza — Pedroza Councilman Rodriguez — Pedroza , Councilman Richards — Byrd , Mayor Reyes — Pedroza Councilman Pedroza was appointed as Mayor Pro Tem. _ � Item #10 ANNOLTNCEMENTS BY RALPH W. DAVIS, III 1. Poncho Sanchez Concert — Saturday, December 15, 2001 at 7:00 p.m., L;ynwood - High School Performing Arts Center 2. Glory of Christmas — Wednesday, December 12, 2001 ? 3. Community Services Day (Food and Toy assistance) - Thursday, December 20, 2001 , � ', � Lynwood Community Center gymnasium from 10 a.m. to 2:00 p.m. 1 +, 4. Afterschool and Dove Program will have l s ` annual Christmas Play — Friday, December 21, 2001 . � Mayor Reyes motioned to recess Lynwood Redevelopment Agency. It was moved by Councilman Richards, seconded by Councilman Byrd and carried to recess at 820 p.m. - PUBLIC ORAL COMMUNICATIONS ' Regarding Agenda Items Only . � NON� ' PUBLIC 012AL COMMUNICATIONS Ivlaria Santillan congratulated the newly elected council members and wished them the best. She hopes that the new council members will wark together for the betterment of Lynwood. Crystal Adams stated that this is a great City and we all need to get together, to open the Lynwood Natatorium to have an All-American Swim Day, instead of just having one-day ;--- swimming. She also stated that we need to do more for the children of our community. r i Jim Greene addressed City Council by suggesting two (2) things: ,1) Go officially �""` 6ilingual— just like the State of Texas. 2) Work on issuing I.D. cards to individuals that don't have Driver's License. He stated thaf the City of Santana is recognizing Mexican � Consular I.D.'s as an official I.D. card. . Manny Perez, President of Lynwood Guys and Dolls asked for new seniors programs as �� well as a new senior center building for all� senior citizens. � � � 25�� Sal Alatorre welcomed the new elected council members and reminded them of their promises to the community of Lynwood. Mr. AlaTorre affirmed that we need more seniors programs as well as a new building for seniors.. - Miguel Figueroa stated that since 1999 he has been requesting public information from the City Manager's Office hasn't yet been provided to him. He al"so stated that he had to seek an Attorney's legal advice in order to obtain the public information. He mentioned that it,is an embarrassment to know the salazy of the President of the United States, but yet, not know what the salary of the City Council is. i Teresa Uribe (SOS) representing safer schools, she would like to congratulate the newly ` i elected council members and invite all parents to geYinvolved in tlieir children's " education.- She is requesting that CiTy Council extend the trolley hours to an hour earlier so that our youth can.get to school on time: The current time is not convenient to our youth Harry Gibbens has lived in Lynwood for many years and is very concerned about Ham Park area getting heavy flooding, due to the low elevation in this area,�during rainy days. He feels that City Council can do something about this condition by keeping storm drains open at all times. , � ° � Mr. Gibbens also stated, he would like City Council to establish new rules for future candidates about respecting other candidates campaign signs. Some campaign signs were being destroyed by other candidates committee. Mario Gutierrez (L.A. Metro) stated that he would like to clarify that four (4) of the councilmen know him since 1989 and since then L.A. Metro has been established here in the City of Lynwood. He also welcomed and congratulated the newly elected' council members. � Item #12 Minutes of Previous Meeting �� { . , , �� Special Meeting November 19 2001 Mayor Reyes requested a correction made to Iterri #6 - there was substitute motion and it was voted, and after motion it lack due to a second. Mayor.Reyes would like this to be removed from the Minutes. Regular Meetin� November 20 2001 Mayor Reyes is requesting correction on minutes that all councilmen voted "YES". But would like thesecord to reflect that Mr. Sanchez voted << It was moved by Councilman Richazds, seconded by Councilman Byrd and carried to approve the Minutes with corrections. ' PUBLIC HEARING • Item #13 GENERAL PLAN AMENDMENT N0.2001-01 AND ZONE CHANGE 2001-01: NATURAL PARK It was moved by Councilman Richards, seconded by Councilman Byrd and carried'to open the Public Hearing. t Heazing no further discussion it was moved by Councilman Richards, seconded by . � Mayor Pro Tem Pedroza and carried to close the Public Hearing. It was then moved by Councilman Richards, seconded by Gouncilman Byrd to adopt Resolution's waive reading and introduce Ordinance for First Reading. i � . 25� � _ RESOLUTION NO. 2001.156 ENTITLED: � � � ` "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING GENERAL PLAN AMENDMENT NO. 2001-01 IN ORDER TO llEVELOP A NATURAL PARK TO INCLUDE PONDS, HIKING AND BICYCLE TRAILS, PICNIC AREAS AND LANDSCAPING ON EXCESS CALTRANS PARGELS LOCATED ON PROPERTY BOUNDED BY IMPERIAL HIGHWAY TO THE NORTH; THE I-710 (LONG BEACH) FREEWAY TO THE SOUTH AND WEST; AND THE LOS ANGELES RIVER.TO THE EAST. THE ,,-, LYNWOOD GENERAL PLAN LAND USE DESIGNATION WOULD BE j � ' AMENDED FROM INDUSTRIAL TO OPEN SPACE" , i • ' ORDINANCE NO. 1512 ENTITLED: AN ORDINANCE OF THE CTTY COUNCIL OF THE CITY OF LYNWOOD, APPROVING ZONE CHANG� NO. 2001-01, IN ORDER TO DEVELOP A NATURAL PARK TO INCLUDE PONDS, HIKING AND BICYCLE TRAILS, PICNIC AREAS AND LADSCAPING ON EXCESS CALTRANS PROPERTY BOUNDED BY IMPERIAL HIGHWAY TO THENORTH; THE I-2710 (LONG. BEACH) FREEWAY TO THE SOUTH AND WEST; AND THE LO5 ANGELES 12IVER TO THE EAST. THE ZONING DESIGNATION WOULD BE AMENDED FROM "NO ZONE" TO CF (COMMUNITY FACILITIES). ROLL CALL: AYES: COUNCILMEN BYRD, RICHARDS, RODRIGUEZ, PEDROZA, REYES NOES: NONE ABSTAIN: NONE • , CONSENT CALENDAR All matters listed under the Consent Calendaz will be acted upon by one motion affirming j�; the action recommended on the agenda. There will be no separate discussion on these _ � � items prior to voting unless members of fhe Council or staff request specific items be ` removed from the Consent Calendar for separate action. It was moved by Councilman Richards, seconded by Councilman Byrd to receive and file and adopt the following. • Item #14 QUARTERLY CONTRACT CHANGE ORDER REPORT "Chat Council receive and file staff s quarterly contract change order report for the period of August 1, 2001 through October 31, 2001. � . Item #15 COMPLETION OF THE LOS ANGELES COiJNTY DRAINAGE AREA PROJECT "Chat Council receive and file.staff's report relative to the status of the Los Angeles . . County Drainage Area Project. Item #16 TREASURER' S QUARTERLY INVESTMENT REPORT That Council receive and Treasurers Quarterly Investment Report. f i � � '�'` I ROLL CALL: AYES: COUNCILMEN BYRD, RICHARDS, RODRIGUEZ, PEDROZA, REYES NOES: NONE � ABSTAIN: NONE �� _ DISCUSSION ITEMS Item #17 DESIGNATION OF VOTING AND ALTERNATE VOTING DELEGATES TO THE NATIONAL LEAGUE OF CITIES (NLC) ANNUAL CONGRESS OF CITIES It was moved by Councilman Richards, seconded by Councilman Byrd to allow the two (2) new council members to serve as Alternates Delegates. Councilman Richards recommended that new CounciP attend the workshop. �{ i ROLL CALL: ` AYES: COUNCILMEN BYRD, RICHARDS; RODRIGUEZ, PEDROZA, REYES NOES: NONE ABSTAIN: NONE Item #18-21 REQUEST FOR SPECIAL PERMIT CHRISTMAS POSADAS It was moved by Councilman Richards, seconded by Councilman Byrd and carried to approve all Christmas Posadas from #18 through #21. #18 December 21, 2001 3152 Norton #19 December 14, 2001 4330 Lngo #20 December 22, 2001 5500 Olanda #21 December 21, 2001 5100 Walnut � Item #22 REVIEW OF MISSION STATEMENT AND GOALS OF STRATEGIC PLAN ; � Mayor Reyes moved to continue this item at the Special Council Meeting of Deceinber � 13, 2001 at 6:30 p.m. — CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Councilman Paul H. Richards, II - He congratulated all candidates that ran for city council. He stated that many things were said during his campaign but it's time to move forward with courage and work together. Councilman Louis Byrd – He urged that we move along and do what we need to do. Mayor Pro Tem Fernando Pedroza - He acknowledged Councilman Richards and agreed that we need to move forward and work together as members of the ciTy council. He also acknowledged all other candidates that ran for city counciL He also thanked all of his supporters that voted for him. Councilman Ramon Rodriguez – He stated that he would like to puf all differences aside and to begin working together. He also would like to thanked everyone for their support and he pledged to serve the Community of Lynwood. i �. �� . �� 5� CLOSED SESSION City Attorney Thever stated, with respect 2o every Item of 6usinessto be discussed in ' joint closed session pursuant to Section 54956.9: ' Item #23 • A. PUBLIC EMPLOYEE APPOINTMENT — CITY ATTORNEY � �,..::,- _ B. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE ` .� i City°Attorney Thever also stated that he has advised the newly elected City Council regarding his Resignation Letter. � It was moved by Councilman Byrd, seconded by Mayor Pro Tem Pedroza and canied to recessto Closed Session at 9:05 p.m. Council reconvened at 9:55 p.m. Mayor Reyes stated Council met on the aforemantioned matters. City Manager Ralph , Davis reported that since City Attoiney is a Public Employee there was a motion in Closed Session to dismiss him. This vote needed to be affirmed by opened floor. It was moved by Mayor Pro Tem Pedroza, seconded by Councilman Rodriguez to ' terminate the firm of Thever and Associates. ROLL. CALL: � A�YES: COUNCILMEN RODRIGUEZ, PEDROZA, REYES NOES: COUNCILMEN BYRD AND RICHARDS - A'BSTAIN: NONE �: E � � � City Manager announced new Public Employee Appointments. � Interim City Attorney Michael Montgomery and Interim Deputy C.A. Julia Silva for Redevelopment Agency It was moved by Mayor Pro Tem Pedroza, seconded by Councilman Rodriguez to appoint Interim City Attorney Michael Montgomery and Interim Deputy C.A. Julia Silva for Redevelopment Agency. Councilman Richards asked for a discussion and stated that if the City Attomey was permanent, it was customary that all members of the City Council be allowed to review at least a Resume and also review a Background, and never in the 80` years of history of the City of Lynwood have we made an appointment of the City Manager or City .' Attorney, without allowing all members of the City Council to review it. A Simple Resume should have been provided so we may know what we are voting on, background, years of experience, nature of experience, and the opportunity to inquiry and evaluate the nominated Attorney. Tonight if this motion passes, let it be known that never in Lynwood's History, a City. Council has appointed a new City Attorney, without allowing all members of the Council to review the background and experiences. That's incredible, given the fact that even as we took these Oaths of offices this evening. You sworn to h�ld and defend the laws of the United States, State of California and Local Ordinances °+ I arid this motion is indirect conflict with local rules and requirements. This would be the s �' signature, initialed vote of the newly elected officials and it brings a certain level of ''- disgrace to the City and disrespect to those persons who put them in offices, because he doesn'fbelieve that the people that elected them have elected him for the City Council. With every grief, to slightly members of this City Council from the opportunity to review at least some minimum form of background and Resume of those persons who are now in nomination to be the City Attorney & Legal Counsel for Redevelopment Agency. But what's more is this - when the same members were asked, how do you Irnow there's a , difference in experience? They said I just know there is. Well, it happens to be on the current Council Agenda. ,How did it get on the Council Agenda? I don't know but I just know there is. I didn't receive a copy of the Resume. Even so they were still insisting �.. - - - that we move forward, the answered was I just don't know, which means that the party that was acquitted really didn't know, and tell you something more I raised the issue of the presence of the nominee wasn't adversary in city procedure never can it overcome may be at some point. . Tape becomes inaudible. It was moved by Councilman Richards a Substitute Motion to defer naming an Interim City Attorney until such time as all members of City Council have a chance, including Administration, adequate time to review Resume and Background of the nominee, so we at least as members of City Council be afforded the same information as other members � of City Council. My request is not asking for anything that has not happened in the past, ; � and in making our decision far Interim City Attorney and similarly we retain the present i- Council (City Attorney) until such time. I don't care if existing City Council wants to set `—" a limited time, adequate period, time of week, two weeks; next regular scheduled meeting, that's fine with me, and also recommend that the nominee respond to the issue of his potential conflict so that he doesn't misrepresent the'City in that regard, seconded by Councilman Byrd. � � � � ROLL CALL ON SUBSTITUTE MOTION• AYES: COUNCILMEN BYRD, RICHARDS � NOES: COUNCILMEN RODRIGUEZ, PEDROZA, REYES ABSTAIN: NONE . Mayor Reyes requested original Roll Call for newly City Attorney nominees: Interim City Attorney Michael Montgomery and Interim Deputy C.A. Julia Silva for Redevelopment Agency ROLL CALI; ON ORIGINAL MOTION• AYES: COUNCILMEN RODRIGUEZ, PEDROZA, REYES NOES: COUNCILMEN BYRD, RICHARDS � ABSTAIN: NONE � Item B No reportable Action „ ADJOURNMENT It was motioned by Mayor Reyes, seconded by Councilman Pedroza and carried to adjourn to a Special Council Meeting to be held December 13, 2001 at 6:30 p.m. in the Council Chambers of City Hall, 11330 Bullis Road, Lynwood, California. .�c9/�-r-r� [� . . - . Arturo Reyes, May r ��¢�� ' �'��` %�°"-� � I Andrea L. Hooper, City Clerk i � :.� � : ��1 FOR THE RECORD – COUNCILMAN PAUL H. RICIIARDS REQUESTED TO CORRECT DECEMBER 4, 2001 MINUTES: Councilman Richards asked for a discussion and stated that if the City Attorney was permanent, it was customary that all members of the City Council be allowed to review at , least a Resume and also review a Background, and never in the 80` years of history of the CiYy of Lynwood have we made an appointment of the City Manager or City ' Attorney, without allowing all members of the City �Council Yo review it. A Simple Resume should have been provided so we may know what we are voting on, background, � � years of experience, nature of experience, and the opportunity to inquiry and evaluate the � no'minated Attorney. Tonight if this motion passes, let it be known that never in Lynwood's History, a City Council has appointed a-new City Attorney, without aIlowing - , all members of the Council to review the background and experiences. That's incredible, given the fact that even as we took these Oaths of offices this evening. You sworn to ' hold and defend the laws of the United States, State of California and Local Ordinances . and this motion is indirect conflict with local rules and requirements. This would be the . signature, initialed vote of the newly elected officials and it brings a certain level of disgrace to the City and disrespect to those persons who put them in offices, because he. doesn't believe that the people that elected them have elected him for the City Council. . With every grief, to slightly members ofthis City Council from the opporhznity to review � at least some minimum form of background and Resume of those persons who are now in � nomination to be the City Attorney & Legal Counsel for RedevelopmenY Agency. But what's more is this - when the same members were asked, how do you know there's a difference in experience? They said I just know there is. Well, it happens to be on the current Council Agenda. How did it get on the Council Agenda? I don't know but I just kn�ow,there is. I didn't�receive a copy of the Resume. Even so they were sti11 insisting �. that we move forward and I asked not to * and the answered was I just know, which means that the party that was acquitted really didn't know, and tell you something more I raised the issue of the presence of the nominee wasn't adversary in city procedure � never can it overcome may be at some point. But still as to way in front of other things to t�"' and is currently or has been* since resigned * entity between the City � � and El Farallon. Is there conflict that cut across Departmental lines; Community °- Development, Planning, * nominee of Redevelopment * negative rules means that he's representing another entity. December 1 9 *Words are not cleared on tape recorcler, due to the fact that, it wasn't functioning properly on this day. Also tapping makes it impossible to hear the'words clear. � � Staff had to tapped recorder in order to avoid to get stuck, which would prevent � ' � recording: ' � � � ; i . . . . . . . . - i i