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HomeMy Public PortalAboutM 2002-01-31 - CC_sp Q2�� LYNWOOD CITY COUNCIL SPECIAL MEETING . , . JANUARY 31, 2002 The City Council of the City of Lynwood met at a Special Ivleeting at I P330 Bullis Road ' on the above date at 7:05 p.m. Mayor Reyes presiding. Mayor Reyes announced that City Clerk Hooper was not present and in her place was � � � Adel Rojas (due to City Clerk not being aware, of this Special Meeting). � Ade] Rojas announced that the agenda had not been posted by the City Clerk' Office, -. . instead it was posted by the City Manager's Office. Mayor Reyes asked the City Manager if the agenda had been duly posted. City Manager Gonzales responded that it had been duly posted. ' Councilmen Richards, Rodriguez, Pedroza and Reyes answered the joint roll call for the Council Agenda. ` _ Councilman Byrd wasabsent. , Also present were City Manager Gonzales, Interim City Attorney Montgomery, and,City , Treasurei Pygatt. Councilman Richards addressed Mayor Reyes concerning the posting of the Agenda. , � If this is a Special Meeting have all provisions, in particularly �in related to members of � this body have they been complied with, especially since this a 24-hour meeting. City �� Manager Gonzales responded that it was complied. • �, � Councilman Richards asked if Councilman Byrd had received written notice of tonight's �;' meeting, specifically within the 24-hour provisions. City Manager Gonzales stated that ? Councilman Byrd was notified by phone. Councilman Richards asked what time was '' Councilman Byrd contacted. City Manager Gonzales stated it was approximately 7:00 , , p.m. or maybe 6:30 p.m. last night. , # �� Councilman Richards stated, he spoke with Councilman Byrd today and�he indicated that .� ' ��late last night at 9:00 p.m. he had received a verbal notice regarding tonight's meeting. � �� Counci�Iman�Byrd also indicated that he had not received a written notice, which is . required by Law. Mayor Reyes asked Interim City Attorney Montgomery to give Councilman Richards a ' � legal opinion on Councilman Byrd's claim that he was not notify' until 9:00 p.m. �� � regarding the Special Meeting toni�ht. It was also mentioned that no one was working at � , � 9:00 p.m. in City Hall last night. �� � Councilman Richards inquired, who had made the phone calls to the council members. � City Manager Gonzales stated that his staff (Alicia or Sandra) made the phone calls. Councilman Richards stated, this is a potential omission of a crime tonight according to his'belief— if this is true but it doesn't make sense at this point to try to verify whether a , person� actually provided a verbal notice, or which Department provided written notice. � t ,��. i I�nterim City Attomey Montgomery responded that�according to the Brown Act "you --� should�receive written notice 24-hour prior to the meeting". Councilman Richards inquired, who had delivered the written notice because he picked his up by accident. Interim City Attorney Montgomery asked did they know if . Counci{man Byrd had received a written notice. ' Councilman Richards understood that Councilman Byrd didn't received a written notice � and staff hasn't been able to verify whether he did or did not. �►261 Interim City Attorney Montgomery stated, City Manager Gonzales advised him that Counci�lman Byrd was called and he indicaCed thaY he didn't want the notice and that he was going to boycott the meeting, because he didn't get a chance to select the time and hour. As far as the phone call, if Councilman Byrd was sure it was 9:00 p.m. Council could recess the meeting this evening until 9:00 p.m. and that would give the full 24-hour notice. Councilman Richards stated that this would not be good because the public would not be notified and it wouldn't comply with the Brown Act Provisions. He continued to discuss Brown Act provision issues. , 3 Councilman Richards stated he would like to remind the City Manager that false� � misleading information has ]egal consequences for ten days. Interim City Attorney " Montgomery would like to correct the comments made by Councilman Richards that "any violation of the Brown Act may be cured within 14 days". Councilman Richards stated this is a violation of the Provision of the Brown Act�to constitute a crime. � Councilman Richards stated a local violation of the Brown Act means that members of this body understand that 24-hour notice is required, reconvened and understanding the fact that a member did not receive adequate notice as required by Law: Interim City Attomey Montgomery stated that this hasn't been established. Councilman Richards stated he would like for this to be part of the record because – if they convened tonight's meeting and it turns out to be the case, what the City Manager stated is not true, of course, he would have an opportunity to 1e11 the truth whether he has a witness as to'staff delivering the notice. Councilman Richards stated that reconvening tonight's meeting constitutes a crime. Interim City Attorney Montgomery disagreed with Councilman Richards by saying that "the worse that could happen is that they would have to correct the action by taking it again to a subsequent meeting." Afrer having further discussion among council members, Councilman Richards continued stating that "a simple cure for negligence violation", which Council knows that Councilman Byrd did not receive the notice with sufficient time. ; Interim City Attorney Montgomery asked Councilman Richards - how does he know that � Councilmar� Byrd did not receive the packet: Councilman Richards stated that tonight — staff has indicated that Councilman Byrd didn't receive the packet. City Manager Go�zales stated that he would like to clarify; he gave directions at approximately 5:30 p.m. that all Council members'should be called and to ask them whether they Iike their agenda deliver to their homes or put in their offices. The order was given and received, and staff didn't indicate that it was not followed: Councilman Richards continued to further discuss this mattec � PUBLIC ORAL COMMUNICATIONS Mark Flores, 10737 San Jose Stated he has been a long time resident of the City of Lynwood. Tonight he's here to address a matter that really concerns him such as the Recall of Mayor Reyes. The voters elected all council members and he has considered all five of them as friends. He thinks this a travesty and will not allow Lynwood to slide into the petty politics of South Gate, Bell Gardens and othar cities. Council need to settle and put all differences aside and . work together for the betterment of the cornmunity � Lorna Hawkins, 3580 Louise Stated that she feels the same way as Mr. Flores regarding the Recall, also mentioned that everyone knows that behind the Recall effort is the former Council member Armando Rea. The Recall doesn't make any sense since Mayor Reyes just became Mayor. .She's asking Council members to stop all the fighting and to work together. �� � Victor Gomez, ] 0929 Wright Road • Asked why is the City spending money on Recalls? Stated that the community elected � each council member'and why are they spending time on fighting each other, instead of ' . � � working together. He�feels that the money spent on Recalls should be far the use of the community. Also stated that Councilman Byrd should have been here to defend himself, " instead of Councilman Richards speaking for him. ' � Counci(man Richards responded to Mr. Gomez inquiry about Councilman Byrd. Stated that he's simply appointed out for the record that the City Manager should have provided � �^-., � � written notice.� Mr. Gomez continued to address comments regarding Councilman Byrd'�s + f absences. � . I � _�� � Ciry Manager�Gonzales staCed for the record that the staff person �vithin the City � � , �� Manager's Office offered to deliver the Agenda last night to Counciiman Byrd, and was . � told ro piace it in his box this morning. ' Sal Alatorre � � � ' � � Stated that he's upset with the Recall of Mayor Reyes and wonders whds behind the . �� Recall effort. This will cost the City more wasteful spending ° - Lorene Reed � Stated that the people elected each of the council members and it seems every election they go �through the same thing. �Her understanding is that at the last council meeting, ' Council stated the City doesn't have enough money and every time you look there's a Recall. Stated she attended a Doll Fashion event sponsored by Senior Citizens and not , � one'of the council� members was present to represent the City. Also she doesn't want the � City of Lynwood fo'end like the City of South Gate or Compton� because she loves this City. -Stated that Council members should represent and respect the people in a more � : professional manner. . �� ' ' Carmen.Avalos-City of South�Gate City Clerk �� � � Stated sNe's very disappointed with the Ciry Manager posting the Agenda. SYated that last time she checked the City Cl�erk had the authority to do the posting�of Agendas. If �� � Council continued with this meeting it wi�ll be against the Brown Act Violation. Also stated that the same thing is taking place in South� Gate �and doesn't want to see it in Lynwood, as she has family members living here. She's tired of seeing the same thing and feels it's time to respect the community, so the community knows what's going:on. � � She's very disappointed with Item #5 Designation and Appointment of a Cily Elections �� � Official For Recall Elections,,she believes that�the City has a.great Ciry Clerk that does a greatjob. She asked Council as to why are they having a meeting to appoint someone �� � else. She believes that this is an insult to the profession, the community, as well as the � �� person. Also stated that she's present tonight to support the City Clerk because alI City � '� Clerks stand together. Again, she reinstated her disappointment with� the City �Council � � proceedings of the meeting, without proper notification to the public. � Item # 5 pESIGNATION AND APPOINTMENT OF A CITY ELECTIONS � OFFICIAL FOR RECALL ELECTlON5 � � ., It was moved by Councilman Rodriguez, seconded by Mayor Pro Tem Pedroza that the � � City Manager be appointed to fu1611 the City of Lynwood's election duties as regards � . �� Recall of elected City offtcials. � RESOLUTION NO. 2002.013 ENTITLED: � �— ' "A �RESOLUTION OF CITY COUNCIL OF�THE CITY OF LYNWOOD APPOINTING AN ELECTIONS OFFICIAL FOR RECALL MATTERS." • Councilman Richards stated that the Resolution was drafted unlawful and it's unlawful to accepted it. You cannot change Municipal Codes with a Resolution. An Ordinance must be sefilled by an Ordinance and there are several provisions within tfie Lynwood _ _ Municipal Code that refer to elected official authority of the City Clerk-and none of ` � �those provisions have been provided to them in staff analysis that come from the U � �.� Resolution, usually a Resolution of this natura] would be accompanied by a staff report. Councilman Richards continued to discuss many issues regarding the Resolution that was provided. He indicated that they are several errors in critical omission, which constitute to some level of authority. Also stated that there was a blanket statement on Section 3 of the Resolution. He stated for the record of the Council and the City thaf they were Romanians inconsistencies provisions for this Resolution and are hereby re-appeal entirely, accordingly in the Municipal Code that's impossible. He continued to explain that Section 1-4.5 "All subsections, sections, or chapters oi provisions desired to be repeal must be specifically repeal by subsection, section or chapter numbers." You � cannot have this blanket re-appeal of a City Code Provision and that's a•violation of ! power. Councilman Richards stated that any person violating or failing to comply with � the Provision of the Blue Code or committing any act or measure is a misdemeanor, � � unlawful by this Code and should be punished by $500,00 fine or imprisonment up to six months or both fine and imprisonment, and continue violation of 30-days if you don't comply with the provision of the Code. You can't try'to change the Code by adopting a Resolution when is specifically required that you state the reasons that you want to appeal. There are many other concerns regarding City Manager incomparability of office. For the record — Councilman Richards stated the City Manager is appointed by Council and also works for the City Council. How could he tum around and be Ihe judging elected official? There's a person already that is an elected official for that office.'Also mentioned that California Change of Genera] Opinion 940, 70, 56, Volume 38 lists many cases of incomparability of offices: Councilman Richards continued"to discuss this issue further. Also mentioned Violatiomof State Law and Cominon Law Principles. Councilman Richards stated that he hasn't seen the contracts for the Interim City Attomey Montgomery and Deputy City Attorney Sylva but they continued to receive bilis. The community seemed to be concerned as to how much money is being spent so don't allow Chis to go on. Also mentioned thaC the City Clerk was elected to perform her duties as an elected officiaL He stated that this is a travesty and is very concern with '. �', unlawful convened meetings, documents that are being overdraft and-provisions that I i violate the Municipal Code. He continued to discuss that the Brown Ac4 has been J violated. Mayor Reyes asked Interim City Attorney Montgomery if they were in any violation of the Brown Act or any of the provisions mentioned by Councilman Richards. Interim City Attorney M'ontgomery responded that he was advised bythe City Mariager that his Assistant called at 7:05 p.m. and asked Councilman Byrd if he wanted the written notice and he indicated to put �it in his box. ` � � Interim City Attorney Montgomery reported that Election Gode 11002B provides "Election office other�than the �City Clerk may be appointed in.case� of a Recall� Election". A Municipa] Code provides absolutely no duties for the City Clerk - the Section says for the City Clerk "Reserved", so there's no Ordinance with respect of the duties of the City Clerk in the Lynwood Municipal Code. Council may at its discretion appoint elected officials, if wishes to Recall. With� Respect to the Special Counsel, neither Interim Deputy City Attorney Sylva nor himself have the desired to perform that function. They will recommend an outside Election Specialist. Also they will recommend that the City Clerk retain her own Counsel, so they are not the subjects of controversy. Also stated that the meeting is legally convened and Council may proceed. ,!- � Mayor Pro Tem Pedroza stated that he was called and told that his Agenda was available " and also asked if he wanted the Agenda deliver to his home. He advised staff that he would pick it up himseif. Also stated that he picked up the Agenda and was notified. Mayor Pro Tem Pedroza stated that he has confidence io the Interim City Attorney and his ethics. As Attorney, he's responsible to give them legal advice. He also has the same confidence in the City Manager. These meetings are not call within two (2) hours or three (3) hours notice and they realized that these meetingsmust be done legally. They � . �' .. ' ' . A �� � ' were elected by the community to fulfill a job and that's to work on the people's agenda. What is the people's agenda? The people's Agenda is to watch their resources and stop � the wasteful spending of the dollars that have been going on for the last 16 years. They are here to stop this hand me down contracts given to family members. Council must . stop the wasteful spending. Council is here to represent the community and to watch everything. Also stated that they are not exper[s and that's why they have the Interim City Attomey and the City Manager. Stated that Councilman Richards is a �' knowledgeable person but would like to sit down in away that they communicate with ' respect. Also would like io show respect to the public who deserves it. The public voted ::,� them in and they have to do the job that they were elected for. The public voted them to �� work, fix the problems with all Departments, the over billing of the Water Department, anc� to fix the problems on the streets. Also stated that before they can perform these � � duties Mayor Reyes gets Recall by someone thaY lost the election. He explained that they �� -� �� are� here to work for the public and they are already been attacked. He would like to work together but some people don't_want to work together. Also stated that they are doing the ; best they can and will work with everyone. Also stated that they need respect, as they. deserve it " . Councilman Rodriguez stated that he's also saddened with the news of the.Recall of • Mayor Reyes. He stated, when he was elected it was to serve his community and yet, here [hey are fighting among each other. He indicated that what has happened is that '. they haven't had a chance to really work for the community. Stated that two (2)'former council members are not happy with the outcome of the elections and before they knew it they are already Recalling Mayor Reyes. AILhe's asking is to'give them a chance to � demonstrate their abilities. They still have a long way to go but they are here to work�for � �� the community. He also�feels ashamed that all this is going on. It bothers him even more � since he has been in the Lynwood community as a businessman for 15 years. In the 15 • years he has served and given the community without receiving anything. It also bothers ' him that the Mayor is being Recall and in the past they have had recalls and every time `� the� Recal ls come through the City Cierk has stopped them no matter what. He feels that � as soon as Mayor Reyes gets Recall right away she ratify without even counseling an � I Attorney. What does that tell you — all they are doing is protecting them so they can � serve the eommunity better. He also apologizes for their behavior while conducting �' � Council meetings. Unfortunately, the former council that has beea in control for many � � years doesn't want to give it up. It's time to start working for the community and they � must go on. Councilman Richards discussed that when he inquired a moment ago whether Councilman Byrd had received written notice — out of nowhere this story was given that Councilman Byrd fiad indicated to place his Agenda in his box. This Story was simply • made up because nobody ever attempted to contact him nor the staff person came up forward. The Interim City Attorney simply agreed that the only way you can waive your � � � rights to� receive the� notice is by filing a statement of such with the City Clerk and� that � hasn'.t been filed. He also stated that he happens to be with Councilman Byrd this morning when they try to deliver the Agenda. Councilman Byrd said that he deserves the respect and courtesy that al�l elected members deserve (24 hour notic,e). Councilman Richards mentioned that there's another person in the audience that will � witness that they try to give Councilman Byrd's Agenda a couple of hours before � � � . tonight's meeting to him and that's wrong. Mayor'Reyes stated that they would like to continue with the item. � (! Councilman Richards stated that every �timehe inquires regarding certain issues as to the " , legality, he gets cut-off by Mayor Reyes. Councilman Richards continue to discuss tlie Brown Act and other provisions. ROLL CALL ON ITEM #Si AYES: COUNCILMAN RODKIGUEZ, PEDROZA, AND REYES NO ANSWER: ` COUNCILMAN RICHARDS ABSTAIN: NONE ABSENT: COUNCILMAN BYRD _ U�V � Council members held discussions among each other. Mayor Pro Tem Pedroza stated that Councilman Richards was violating the Rules of Decorum. Councilman Richards stated that he would continue to make his statements. Mayor Reyes recess at 7:47 p.m. for 5-minute break. Council reconvened at 8:00 p.m. � Item #6 '. APPOINTMENT OF SPECIAL COUNSEL FOR RECALL ' F _ ; ELECTION � Mayor Reyes stated that this item would be discussed in Closed Session. . � CLOSED SESSION Item #7: CLOSED SESSION ITEMS [nterim City Manager Montgomery stated with respect to every item of business to be discussed in Closed Session Pursuant to Section 54957: A. PUBLIC EMPLOYEE APPOINTMENT . Title: Special Counsel It was moved by Mayor Pro Tem Pedroza, seconded by Councilman Rodriguez and carried to recess to Closed Session at 8:03 p.m. Counci�l reconvened at �8:10 p.m. �� , i� I Interim City Attorney Montgomery staCed that Council met on the aforementioned =— matters and stated on: . Item# 7: A. Council voted in Closed Session to Retain Mr. Dana Reed (Law Firm Reed and Davison) as Consultant Attorney to assist the Election Officer during Recalls Councilman Richards voted "NO" Councilman Rodriguez, Pedroza and Reyes voted "YES" Councilman Richards asked to have a discussion regarding Closed Session, He stated that was quite surprise that Council hired someone they didn't even know. Also • mentioned that how many attomeys is the City going to hire at a substantial amount of $275/hr. Also inquired how•many hours will these people spend working on Recalls. . City Manager stated ihat they didn't budget for Recalls since they didn't expect them. Mayor Reyes stated this is not the frrst time that Council� hires Special Counsel. �In the past, there were many Special Counsels hired to handle City manners. For the record — Mayor Tem Pedroza stated that he would like Councilman Richards.ta j respect him when his is speaking. Mayor Pro Tem continued to say that Council is here � i because the community elected them and they have a purpose to serve. They are here to " watch what is wrong with the system. He believes that there's something definite wrong- in this City for the last 16 years. Everyone has worked to make changes but the changes have not been made. As elected officials they appreciate the support the. of the community and they would like to work for the community.. At the present time they are making changes and they are voting on certain issue the way,they feel' is the best of their abilities to maximize the interest of the citizens. Also responded to Councilman Richards regarding his comment on expenditures made such as $275.00/hr. This spending"is not . . . . . ' . . . ' . r o � � . comparable with the expenditures they have made in thepast. Stated that the Recall is • destabilizing the effort the community has made to make changes, since they were just �� elected to"make changes. Also stated when they are here at council meetings they � `. � deserved respect from people as well as from the elected� officials. He feels that, as an , elected official City Clerk Hooper needs to,be neutra] and need to give respect to the people as well as the Council. He also stated that when he's speaking City Clerk Hooper shakes her head by nodding "no" and when Councilman Richards is speaking she shakes �" her head by nodding "yes". He stated that he has a problem with this issue because they feel disrespected and lack of ethnics on her behal£ He stated that the people have , i^, questioned this and of course he does to., Also stated that City Clerk Hooper was elected � to fulfill her duties as City Clerk, need to represent the community and need to give ��� ,� �public information immediately, not 3 months from the date requested. She needs to� work for everyone and present council members and just not one council member or ' former councilmen. Mayor Pro Tem Pedroza wonders if City Clerk Hooper has a plan of personal.agenda or maybe working in compliance with other council members. He stated ' that they would make the changes such as finding out why residents are being over billed � � �on their water bills. Stated that they blame Mayor Reyes for raising the water rates, � � _' �. which Mayor Reyes wasn't around.at that�time. He authorize the City Manager to �� �� , � conduct an Audit on the Water Billing Department as to why residents are being over '' bi�lled', long waiting lines, and lack of�disrespect to the customers. He would like fhis . � � Audit to be broughf back to CounciL They will make�all� the changes that need to be made as elected officials. Also stated they will make mistakes but thaYs why they have �� the �Interim City Attorney and City Manager to assist them. � � ADJOURNIVIENT Having no further discussion, it was moved by Councilman Rodriguez, seconded by Mayor Pro Tem Pedroza to adjourn at 8:25 p:m. ' M � y _ i fi " .���s�.c�� U «� � • . Arturo Reyes, Maya7 • �YLeG�,L�.. �� EV-��L�-�c'!� � ' Andrea L. Hooper, City Clerk � i , �