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Home My Public Portal AboutM 2002-02-05 - CC U�3� LYNWOOD CITY COUNCIL REGULAR MEETING FEBRUARY 5, 2002 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 6:08 p.m. Mayor Reyes presiding. Councilman, Byrd, Pedroza, Richards, Rodriguez, and Reyes answered the joint roll call . � � � for all agencies. � � - � � � � , � �� Also present were City Manager�Gonzales, Interim City Attorney Montgomery, Cify � Clerk Hooper and City Treasurer Pygatt ' � � City Clerk Andrea Hooper announced that the agenda had been duly posted in � accordance with the Brown Act. �� Item #6 � PRESENTATIONS/PROCLAMATIONS � - :• Fire Department � ' :• Shriners Masonry was presented with a Plaque of Burn Awareness Week: Item #7 Announcements Councilman Richards announced that in respect to Black History Month, they should take a moment of silence to remember and knowledge Afro-American Heritage Month. Also �� mentioned that he still doesn't know what the CiCy has programmed to celebrate Black � History Month. He continued to discuss how important it is that our children know about �� thts cultural as well as American History. All ethnic races have struggle somehow in this � ' � country to obtain their freedom, paRicularly those that gave their lives for freedom. Also , � ,� , mentioned that several items tonight will be discussed that �will be reFerred to the freedom �� of speech and questions: � � Mayor Reyes stated that City Manager would make sure that the City has a program for � Black History Month. Mayor Reyes moved to re-arrange the Agenda by continuing with Item #14. � Item #14 Rules of Decorum for City Council Meetings � Mayor Reyes stated that he requested this item on the agenda and he has been Mayor for ' the past two (2) months. Also stated that in the past two (2) months he has gained � appreciation toward Councilman Byrd and Richards for their roles as previous Mayors. . It's not easy being a Mayor as it's a tough job. Also stated that he has taken his position" very seriously. He has every intention to fulfill his role as Mayor with best of his abilities � and for Che betterment of this community. ,As the Mayor, one of the functions is to play a key role by acting as the presiding officer of the City Council in conducting the City � Council meetings. With this mind, he would like to move t}ie Interim City � � Attorney and City Clerk from the Council platform. Interim City Attorney would'seat '�i where staff seats and City Clerk would seat'where the City Treasurer seat. Also stated _ � � •,� that this is his prerogative and would like his decision be respected�. Mayor Reyes stated � � � - that he would like to continue with the meeting o�ce the seating arrangement has been made. Councilman Richards asked Mayor Reyes that under what authority can he rearrange the Council platform. Mayor Reyes responded that there's no Resolution and - in fact he would like-far this to be done. Mayor Pro Tem Pedroza asked Interim City � Attorney Montgomery if the Mayor had the_right to rearrange the seating. �� Interirn City Attorney Montgomery stated that Council has�the right if it is a 3 vote � decision. Councilman Richards asked the Mayor if this was on the Agenda tonight. � �� Interim City Attorney Montgomery stated that it didn't have to be on the agenda because � it was not an action. Councilman Richards stated that the City Clerk was duly elected by �� the people and feel that this is a disrespect to her. Councilman Richards asked Interim City Attorney and City Manager if they knew a Resolution or Ordinance was already established. Both indicated that they didn't research to see if there was one already established. After further discussion between Council members, it was moved by Mayor Reyes, seconded by Councilman Rodriguez to rearrange the seating. City Manager cal�led Roll Call per the Mayor's request. ROLL CALL: i AYES: COUNCILMAN PEDROZA, RODRIGUEZ, AND REYES � NO ANSWER: COUNCILMAN BYRD AND RICHARDS � ABSTAIN: NONE Mayor Reyes moved to a 5-minute recess at 6:40 p.m. Council reconvened at 6:47 p.m: Councilman Richards continued to address his concerns regarding this item. Mayor Reyes asked City Clerk Hooper to take her new seat. City C1erk Hooper stated that she would make the change when they decided on the ruling. Mayor Reyes stated that they had already made the ruling. City Clerk Hooper asked Interim City Attorney to make an appointment to see her and they would discuss this matter tomorrow. . Interim City Attorney Montgomery mentioned Section 36813 from the Government Code. Councilman Richards asked Interim City Attorney Montgomery to read this �section. � � ` Councilman Richards stated that he would like to review the Resolution and Ordinance concerning the ananging of the Council chambers. Mayor Reyes stated that they aren't i any Resolutions i I Councilman Richards stated the motion and votes made concerning this item are'unlawful because it was not posted. Also mentioned that it's against the Brown Act. Mayor Reyes moved to recess at 6:50 p.m. Council reconvened at 7:03 p.m. Council members continued to hold a heated conversation between them. Mayor Reyes asked Interim City Attomey if they were any violation of the Brown Act. Interim City Attorney Montgomery stated there's no violation of the Brown Act. ' With respect, City Clerk Hooper addressed the City Council advising that she would be• happy to assist them with anything they need, but to see her in the office at 9:00 a:m. � tomorrow. As elected official, elected by the people she does not intend to move from her seat tonight or any other night. She addressed the Interim City Attomey and Council members by saying that she supports every one of them and hopes that they continue with their endeavors. As a lady, she has conducted herself with integrity, honesty and professionalism. Also stated, she and Council members arejust doing tlieir best. She has worked and served the community for 19 years with integrity and honesty. She has given � them respect and would like to have the same'respect from counciL ' `'� Councilman Richards continued to discuss and address issues in regards to this item. Mayor Pro Tem Pedroza stated that he would like to continue with the meeting and suggested to the Mayor to bring back this item until further investigation is done on documents, etc. ( �� ' , Councilman Richards continued to address many issues in regards to this item. Mayor Reyes moved to recess to Lynwood Redevelopment Agency, Lynwood Information, Inc., Lynwood Public Finance Authority. ' Council reconvened at 7:40 p.m. , . PUBLIC ORAL COMMUNICATIONS �''°'' (Regarding Agenda Items Only) � j Jim Greene Item #22 and #23 — Vehicular Emissions & DUI Checkpoints, '� � Stated that Item #22 claims to be for the public safety but iYs just an event �� Item°#23 - Stated that he would like to see new vehicle safety check SherifPs need to conduct tires and headlights inspections. ,. • Miguel Figueroa, 3990 Flower Street -, Item #18 — Lynwood Trolley � ` Stated.that now that he receives a ful�I Council Agenda he gets a chance to review the Items and he noticed that the City has saved since new negotiations have taken place with the newly elected Council members, contract is now $470,368.32. Under the previous �� contractthe City was spending $541,641.92. � � Kendall James Item #18 — Lynwood Trolley . � � Stafed that AGS was not made aware of any negotiations between the City of Lynwood � � � • � and Community Bus Lines relative to modifying.the contract. He claimed that they should have beern made aware of this and he would be available for CounciPs questions. � � � PUBLIC ORAL COMMUNICATIONS ,� � �, Regarding All Agencies � � � Frank Calderon stated, he attended a FEMA meeting in the City of Downey in regards to z - Flood insurance being rescinded and a City Representative was not there to represent ; Lynwood. � Crystal Adam stated that she would like to address three questions to City Council. + 1. Why was the Ambassadors program dropped? 2. We need to bring back the Drive By Agony program. This program is very essential due to many youth gang violence. � Sal Alatorre, 3185 Waldorf Stated he's concern regarding Item #17 — Trash Hauling • He would like for City Council to consider obtaining a contract with a company that provides better services and to make sure that they complied with this contract. � � �-� � Stated that Item #18 - Lynwood Trolleys are polluting our �air. He would like the City to consider purchasing new vehicles. Also would like to address Councilman Richards in ' regards to his comments about the African Americans race, stated Latin Heritage has also fought for their freedom. , Pearline Calderon, 4010 Josephine St. — Stated that she would like to addressed� two ' � statements to City Council. � � f A 1. . S,he stated that she agrees with Councilman Richards in regards African � � i Americans struggling for their freedom. She would like for the City to celebrate _ � ' Black History Month and to show"respect to this event as well as other event. . 2. She's very embarrassed and disappointed with City Council not conducting a ' decent meeting. � ' ` Jim Greene Stated that there was a misprint on the Legal Notice of CDBG article. Spanish translation was incorrect. Correct date should be Wednesday, February 6, 2002. 35} Mel Brown 201 1 Virginia Avenue — He congratulated and welcomed the newly elected Council. Mr. Brown stated that Code Enforcement sent him a letter last year indicating• several violations that he had to comply with. At the time of receiving this letter he was sick and wasn't able to take care these violations. Now he's receiving.a letter from an - Attorney threatening him that he will have a wanant for his arrest if doesn't complied with these violations. Would like to ask City Council to assist him in this matter. Also stated that Council need to work together. Pat Hernandez, 3967 Cortland, addressed City Council on three issues. 1. Would like the cost budget item for the Ambassadors Program�mail to her. 2. Doesn't the City have any other Attorneys since Mr. Montgomery represents El �� Farailon? 3. Isn't Deputy City Attorney Sylva the one that was involved with the City of South � Gate problems? � Casey, 2915 Carlin Street, Stated�that he lives behind a Mormon Church and they are going to expand the parking lot, asking Council not to allow this to happen. ' Carmen Avalos, 10209 Virginia Avenue, South Gate Stated that the City of Lynwood needs to provide Handicapped access to various locations in the City, where handicapped persons have accessibility to the buildings. Also stated the she's very concem about this City and would like for Council to work together. Councilman Richards responded to Mr. Salvatore's comments in regards to race. • He stated that he referred to ali races not just blacks and he would speak on behalf of any race. . Mayor Pro Tem Pedroza stated that ail African Americans and Latinos have struggle for their freedom. Now Terrorists is taking place in our country but everyone is fighting together. ; i item #9 Minutes of Previous Meeting � Special Meeting, December 13, 2001 Re�ular Meeting, December 18, 2001 , Regular Meeting, January 2, 2002 Afrer Councilman Richards requested that all the following minutes be brought back at a later date. Mayor Reyes asked Councilman Richards to �get with tfie City Clerk in regard to his concems. � � PUBLIC HEARING Item #10 � � To Conduct an Emergency Public Hearing determining that a Nuisance'is being maintained on certain Real Property generally Known as 11501 Atlantic Avenue, legally known as Tax Assessor's Book No. 6189, Page 004, Parcel N0. 026, in the City of Lynwood It was moved by Councilman Richards, seconded by Mayor Pro Tem Pedroza and carried to open the Public Hearing. `. Hearing no response: � It was moved by Councilman Byrd, seconded by Councilman Rodriguez and carried to close the Public Hearing It was moved by Councilman Byrd, seconded by Councilman Rodriguez to adopt the Resolution. . �' ' �� RESOLUTION NO. 2002A13-A ENTITLED• � "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 11501 ATLANITC AVENUE, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6189, PAGE 004, PARCEL NO. 026, IN THE CITY OF LYWNOOD AND DIRECTING THE ABATEMENT THEREOF." ' ROLL CALL: AYES: COUNCILMAN BYRD, RICHARDS, RODRIGUEZ, PEDROZA ` � AND REYES � . NOES: NONE . � ABSTAIN: NONE - �. �Item #11 To co�duct an Emergency Public Hearing determining that a Nuisance is being maintained on Certain Real Property generally known as 12225, Virginia Street, legally known as Tax Assessor's Book No. 6186, Page 036, Parcel No. 019, in the City of Lynwood It moved by Councilman Richards, seconded by Councilman Rodriguez and carried to . open the Public Hearing. Hearing no response. " It was moved by Mayor Pro Tem Pedroza, seconded by Councilman Byrd and carried to " close the Public Hearing. � It was moved by Councilman Richards, seconded by Councilman Rodriguezto adopt the Resolution. j�i RESOLUTION NO. 2002.014 ENTITLED: � i' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN ' REAL PROPERTY, COMMONLY KNOWN AS 12225 VIRGINIA STREET, IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6186, PAGE 036, PARCEL NO. 019, IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEIVIENT THEREOF:" ROLL CALL: AYES: COUNCILMAN BYRD, RICHARDS, RODRIGUEZ; PEDROZA AND REYES NOES: NONE ABSTAIN: NONE Item #12 To conduct an Emergency Public Hearing determining that a Nuisance is '. being maintained on certain Real Property generally known as 3157 Pluma Street, legally known as Tax Assessor's Book No. 6170, Page 033, Parcel � � No. 036, in the City of Lynwood � � � � ' It was moved by Mayor Pro Tem Pedroza, seconded by Councilman Richards and carried to open Public Hearing. 3 i ' f � Hearing no response. ' It was moved by Mayor Pro Tem Pedroza, seconded by Councilman Byrd and • • � carried to close the PublicHearing. It was moved by Councilman Richards, seconded by Councilman Byrd to adopt the � Resolution. � � � � ��1 RESOLUTION NO. 2002.015 ENTITLED• "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON GERTAIN PROPERTY, COMMONLY KNOWN AS 3157 PLUM STREET, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6170, PAGE 033, PARCEL NO. 036, IN THE. CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF." ROLL CALL: AYES: COUNCILMAN BYRD, RICHARDS, RODRIGUEZ, PEDROZA ' AND REYES ry I NOES: NONE � ABSTAIN: NONE V Item #13 To conduct an Emergency Public Hearing determining that a Nuisance is being maintained on certain Real Property generally known as 3542 Imperial Highway,_legally known as Tax Assessor's Book No. 6173, Page . 013, Pazcel No.002, in the City of Lynwood It was moved by Councilman Rodriguez, seconded by Mayor Pro Tem Pedroza and carried to open the Public Hearing. Hearing no response. It was moved by Mayor Pro Tem Pedroza, seconded by Councilman Byrd and carried to close Public Hearing. It was moved by Mayor Pro Tem Pedroza, seconded by Councilman Byrd to adopt the Resolution. RESOLUTION NO. 2002.016 ENTITLED: I "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD' � DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN PROPERTY, COMMONLY KNOWN AS 3542 IMPERIAL HIGHWAY, AND IDENTIFIED AS TAX ASSESSOR'S BOOK N0. 6173, PAGE 013, PARCEL NO. 002, IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF." ROLL CALL: AYES: COUNCILMAN BYRD, RICHARDS, RODRIGUEZ, PEDROZA AND REYES NOES: NONE ABSTAIN: 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 Byrd would like to pull Item #18 and #21 for discussion. Councilman Richards would like to pull Item #17, 18, 20, 21, 24, and 25 for discussion. � City Manager Gonzales requested to continue Item #17 for next regular Council meeting. Mayor stated that Item #14 would be brought back at a future date. It was moved by Councilman Rodriguez, seconded by Councilman Byrd to adopt the fol lowing. �� .� � Item #15� � Acceptance Of Street Irriprovement Project, Redwood Avenue, Weber ti �� .� Avenue, Spruce Street & Pear Street Project No. OS-5238, As Complete � � ' RESOLUTION NO. 2002.017 ENTITLED: "A RESOLUTION OF THE C[TY COUNCIL OF THE CITY OF LYNWOOD' � ACCEPTING THE STREET IMPROVEMENT PROJECT, REDWOOD AVENUE, WEBER AVENUE, SPRUCE STREET AND PEAR STREET, PROJ�ECT NO."OS-5238, AS BEING COMPLETE � �� Item #16 . A�vard of Contract for Imperial Highway Street Improvement Project, � i ' Project No. 5-5212 � RrSOLUTION NO. 2002.018 ENTITLED: � � "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ' • AWARDING A CONTRACT, BASE BID AD ADDITIVE ALTERNATE I, TO ' � . ALL AMERICAN ASPHALT IN THE AMOUNT OF $1,277.645.00 FOR THE IMPERIAL HIGHWAY STREET IMPROVEMENT PROJECT, PROJECT � NUMBER 5-5212, AND AUTHORIZING THE MAYOR TO EXECUTE THE � AGREEMENT." . Item #19 Procurement of Replacement Vehicles and Equipment RESOLUTION NO. 2002.019 ENTITLED: � "A RESOLUTION OF TH�E CITY COUNCIL OF THE CITY OF'LYNWOOD � � � AUTHORIZI�NG THE PURCHASE OF TWO SPECIALTY TRUCKS AND ONE � - SEDAN." � (--- Item #22 Vehicular Emissions — Carbon Dioxide � �� j�" � RESOLUTION NO. 2002.020 ENTITLED: •� �"A RESOLUTION OF THE LYNWOOD CITY COUNCIL SUPPORTING � ASSEMBLY B[LL 1058 ESTABLISHING A PROGRAM TO REDUCE CARBON ', DIOXIDE VEHICULAR EMISSIONS AND URGING THE CALIFORNIA S�TATE ' � � LEGISLATURE AND GOVERNOR TO ADOPT THE LEGISLATION INTO � LAW.,� : Item #23 , Driving Under the Influence and California Drivers License Checkpoints RESOLUTION NO. 2002A21 ENTITLED: � � "A RESOLUTION OF THE C[TY COUNCIL OF THE CTTY OF I,YNWOOD, � AUTHORIZING THE CITY MANAGER TO HAVE DRNING UNDER THE � INFLUENCE AND CAL[FORNIA DRIVERS LICENSE (DUI/CDL) �� . CHECKPOINTS FROM FEBRUARY TO JUNE 2002 � ROLL CALL: � ' AYES: COUNCILMAN BYRD, RICHARDS, RODRIGUEZ, PEDROZA , AND REYES " • NOES: NONE �^'� ABSTAIN: NONE ' i , �� Item #17 Request� for Proposal for new Trash Hauling Contract � �� : ` � This item was continued to the next regular Council meeting. . � �0�� ROLL CALL: AYES: COUNCILMAN BYRD, RICHARDS, RODRIGUEZ,°PEDROZA. AND REYES NOES: NONE ABSTAIN: NONE Item #18 A service contract for the Lynwood Fixed Route Trolley Bus System and Blue Line Bus Councilman Richards asked City Manager if the new Trolley Agreement was including '' � the Cash box. City Manager Gonzales asked Public Work Director Joe Wang to answer. � 1 Mr. Wang replied no information available at this time. It was mentioned that the drivers ' would be in charge of collecting these monies. Councilman Richards asked how much revenue was collected last year, and unden the new contract would there be new procedures for collecting the monies? Mayor Reyes stated that the Trolley has been in service for many years and this question has never been raised.' Councilman Richards reported that last year Council discover that they were no procedures in place in auditing or verifying the collection of monies and recommended the continuation of services and to conduct cash box verification on monthly basis, on how much revenue is being collected, ask staff to bring back an Agreement making comparison of revenues being collected. It was moved by � Councilman Richards, seconded by Councilman Byrd to continue services and to conduct � cash box verification on a monthly basis. . Councilman Rodriguez stated that the Trolleys system has been upgraded and running since 1986. This issue has come up about 2 years ago and an extension was granted to the trolley company for three months. Since then, the contract was not negotiable. � Councilman Richards stated that it doesn't matter who's being hired as the Consultant in regard to this item but the most important thing is to find out how much revenue has � being collected. City Staff doesdt even know and this is not beneficial to the City since '� monies collected haven't been verified. � � Mayor Pro Tem Pedroza asked City Manager Gonzales that when they had the previous Company and A.G.S. — Did they have someone verifying the money system? City Manager Gonzales responded that no cash box verification was done before. It was moved by Mayor Reyes, seconded by Mayor Pro Tem Pedroza to extend the contract with the inclusion of an Audit. Councilman Richards inquired as to who was being audited. City Manager Gonzales stated auditing would be conducted o� daily monies collected�, drivers and the City. Afrer further discussion. Mayor's Substitute Motion ROLL CALL: AYES: COUNCILMAN RODRIGUEZ, PEDROZA AND REYES . NOES: COUNCILMAN BYRD AND RICHARDS ABSTAIN: NONE I i Item #20 Interim Urgency Ordinances establishing a Moratoriurn for Off-Site signs 1 � Councilman Richards inquired on how this item got put on the agenda and also whaYs the urgency of this item? City Manager Gonzales responded that there `s a series of articles regarding the proliferation of billboards along the freeway. An extended research was done and the City of Los Angeles at this point is looking i�to implementing a Moratorium in order to � � � _. . . �� /�� . � halt the pro[iferation of signs along the freeway and that the City needs a Moratorium � ' � implemented to allow the time to review the situation ofsi�ns. � � Councilman Richards inquired as to how many billboards are in Lynwood. City Manager . Gonzales stated he doesn't know how many billboards we have in Lynwood. After further discussion, Councilman Richards moved, seconded by Councilman Byrd to � review �this Ordinance over and� allow�staff to conduct further investigation in regards to off-site �signs and bring it back with a special report and then consider the Ordinance for i"%�'{ review. , � �� Mayor Pro Tem Pedroza moved�, seconded by Councilman Rodriguez a�Substitute Motion to determine the meaning of off-sites as bulletin board. Also moved that the Moratorium �' take effect and would�like to change'it to three (3) months, instead of six (6)'months for � further research. This research should include State Law and City Ordinance and analyze �� Regency's Proposal. He also stated that Bulletin Display claimed that a Proposal was given to Councilman Byrd. Councilman Byrd mentioned that Bulletin Display has never submitted a proposal to the ` City. � � _ After further discussion, Mayor moved for ro(1 calL � Substitute Motion ' � � ROLL CALL: ' , AYES: COUNCILMAN RODRIGUEZ, PEDROZA AND REYES ' NOES: COUNCILMAN BYRD AND RICHARDS ABSTAIN: ' NONE -;�, Item #21 Allied Governmental Services�(AGS) Claim � E � , � Mayor stated that this item would be a C�losed Session Item. � � � � [tem #24 Warrant Register' � � �� It was moved by Mayor Reyes, seconded by Councilman Rodriguez to approve the � Resolution. R�SOLU"CION NO. 2002.022 ENTITLED: � "ALLOWING AND'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE DEMANDS AND ORDERING , WARRANTS THEREFORE." ^ Warrant #'s 108478, 108?66, 108272, 108298 �. � Mayor Pro Tem Pedroza addressed Director of Finance Alfretta Earnest and Ciry � , Manager in regards to why are we still paying for Shan Thever & Associates, Warrant . . Run # 108478 and #108266. � Director of Finance Alfretta Earnest responded that Shan Thever & Associates is being � � � f •. paid for Close Out bil�ls for November and part of December, 2001. Mayor Pro Tem � � i�� inquired what would be the total �bill for Sfian Thever. Ms. Earnest responded� at� this time •� 1 i does.not have total amount. Councilman Byrd stated that the Shan Thever never charged the City for a trip of $6,000 � � � or �$7,000 to Atlanta, Georgia. Mayor Pro Tem moved to investigate if this was done. Councilman Rodriguez inquired if the City anticipated more billing from Mr. Thever. 04�� Director of Finance Alfretta Earnest stated that Shan Thever & Associates billing includes close out billing for Noyember as well as court cases. City Manager stated that Shan Thever has no pending court cases. Councilman Byrd stated that Deputy City Attorney Sylva billed the Gity for service done on December 31, 2001, New Year's Eve. � Deputy City Attorney Sylva stated that she,was in court on this date. Mayor Pro Tem Pedroza would like staff to bring back a report on what entails Shan Thever services, Lany Hawthorne payment (warrant #108272) and also Wagoner �, Associates (warrant #108298). City Manager Gonzales stated that Lany Hawthorne no � j longer works for the City and Wagoner Associate invoice is relative to traffic studies. ��` Councilman Richards inquired as to why the City needs two attorneys at Council meetings. He also inquired if policies have change in regards to this. Councilman Richards stated that he's not debating on who was doing what or getting paid. Councilman Richards stated that while Counci] is in Session, staff could bring back Shan Thever's invoices and 6ring back a report. He's not debating on who was doing what or getting paid but just inquiring why do we have two attorneys? hlayor Reyes stated that we need proper legal representation. Councilman Richards continued to address many concerns in regards to this item. Also stated City Attorney must advise on any matter that violates the Brown Act. Mayor Pro Tem Pedroza stated the reason having two City Attorneys is because they.are. several litigations pending and they need to move on with these ca`ses. ROLL CALL: I AYES: COUNCILMAN RODRIGUEZ, PEDROZA AND REYES '.�� NOES: COUNCILMAN BYRD AND RICHARDS ABSTAIN: NONE Item #25 Ordinance Amending the Municipal Code to define the duties of an Elections Official — First Reading. ORDINANCE NO. 1513: "AN ORDINANCE OF THE CITY OF LYNWOOD ADDING SECTION 2-3:5 OF CHAPTER 2(ADMINISTRATION) OF THE LYNWOOD MUNICIPAL CODE." Councilman Richards stated that at the last unlawful convened meeting, he mentioned the comparability of offices by the City Manager and an elected official. He would like to know if they obtain a legal opinion on the comparability of offices of the City Manager and as an elected official. Interim City Attorney Montgomery stated that there's no compazability of offices and elected officials. Councilman Richards stated that he has a copy of Section 1] 26 from Government Code, which apply to non-elected officials, and only by certain imprint elected�officials are included. Interim City Attorney Montgomery stated that�any person, not necessarily, the City Clerk � may be appointed. Councilman Richards stated that just because it says any person doesn't mean that anyone can be named, especially when it's incomparability of office. The City Manager is hired and received orders from the City Council. Councilman Richards and Interim City Attorney Montgomery continued to discuss concerns in regards to this issue. . � �� It was moved by Mayor Reyes, seconded by Mayor Pro Tem Pedroza to waive first ' ' reading and adopt Ordinance.: . ° Council members continued to discuss many concerns in regacds to City Manager being _ the elected official to handle the Elections and Recall duties. � � After further discussion. It was moved by Councilman Richards, seconded by Councilman Byrd a Substitute ,� Motion to dispense the proposed Ordinance and direct Interim City Attorney to bring I back the proper Resolution and make the request to the County for purposes of �� conducting Recall Elections. � , � SUBSTITUTE MOTION: . ROLL CALL: AYES: COUNCILMAN BYRD AND RICHARDS � NOES: COUNCILMAN RODRIGUEZ, PEDROZA AND REYES ABSTAIN: NONE - ' ' ORIGINAL MOTION: " � � ROLL CALL: AYES: COUNCILMAN RODRIGUEZ, PEDROZA, AND REYES NOES: COUNCILMAN BYRD AND RICHARDS ABSTAIN: NONE � DISCUSSION ITEMS � � Item #26 Request for Special Permit — Circus Hermano Vasquez� ' a ,--- It was moved by Mayor Pro Tem Pedroza, seconded by Councilman Rodriguez to �'� approve the Special Permit It was moved byGeneral Consent. Also City Clerk Hooper informed Mayor Reyes that Los Angeles County Sheriff s and ' Fire Department must submit a report to him. , � � [tem #27 Appointments to fhe Commissions and Boards � � � � � � Councilman Richards stated that how can they,proceed with the nominaYions since there � � � �� was no motion made at the last Regular Council Meeting of�January 15, 2002. Adel � Rojas was asked to answer Councilman Richards question: Ms. Rojas stated ihat she had " �� typed the minutes and heard the tape and there's no indieation of any inotion made by ' Council. . ' � Councilman Richards inquired about'the letter mailed to all commissioners. , Afrer further discussion. Mayor Reyes continued to conduct nominations of Commissions. ' • Community Affairs Commission �_ Mayor Reyes nominate: . Sue Amicone, Ann Fields, Gloria Garcia, I �� Adolph Lopez, Irene Marion and Yolanda Bays,�� • Maria Lelupa � , Councilman Rodriguez Same as Mayor Reyes Councilman Byrd and Councilman Richards nominate: Yolanda Bays, Ann Fields, Sue Amicone Mayor Pro Tem Pedroza nominate: Sue Amicone, Ann Fields, Gloria Garcia Adolph Lopez, Maria Lelupa and Irene Marion � Mayor Pro Tem Pedroza stated that Katherine Amey wishes to serve on another � � Commission. � .v o�� Community Development Block Grant Councilman Byrd nominate: Margaret Araujo Mayor Pro Tem Pedroza nominate: Aide Cuellar Councilman Rodriguez nominate: Joanette Gutierrez Councilman Richards nominate: Veta Banks , Mayor Reyes nominate: Patricia Carr, Jim Greene, Mario Gutienez Personnel Board/Commission: Mayor Reyes nominate: Maria Santillan Councilman Byrd nominate: Maria Romero , r Mayor Pro Tem Pedroza nominate: Maria Santillan � i i Councilman Richards nominate: Maria Romero Councilman Rodriguez nominate: Maria Santillan `"' Maria Santillan was appointed. Planning Commission: ' Mayor Reyes nominate: Hector Abarca, Donald Dove, Rita Patel, Hawn Reed, Jim Morton Councilman Byrd nominate: Rita Patel Mayor Pro Tem Pedroza nominate: Victor Gomez Councilman Richards nominate: Jamina Barnes Councilman Rodriguez nominate: Jim Morton Public Safety Commission: � Councilman Byrd nominate: Lorna Hawkins Mayor Pro Tem Pedroza Dale Jones Councilman Richards nominate: Frank Calderon Councilman Rodriguez nominate: Sal Alatorre Mayor Reyes nominate: Antonio Munguia, Ken West, Karen Hayes Parks & Recreation Commission: � Mayor Reyes nominate: Julio Mendoza, Lorene Reed, Lucy Hernandez i Councilman Byrd nominate: Bette Espeseth ` Mayor Pro Tem Pedroza nominate: Oscar Flores Councilman Richards nominate: Edwin Jacinto Councilman Rodriguez nominate: Charles Wood Traffic and Parking Commission: . Councilman Byrd nominate: Rodney White Mayor Pro Tem Pedroza nominate: Katherine Amey Councilman Richards �nominate:. John Beimer Counciiman Rodriguez nominate: Manny Perez Mayor Reyes nominate: Pedro Jimenez, Audrey Lopez, and Cecelia Dove It was mentioned that the Veterans Affairs Council is opened to everyone. No nominations need to be conducted. Mayor Reyes mentioned that we need a Seniors Commission establish. Ann Fields reported that there's already a Seniors Advisory Board in existence. Mayor Reyes would like staff to check this issue. Womens Commission: . ! Councilman Byrd nominate: Verna Culp I Mayor Pro Tem Pedroza nominate: Maria Lopez �""'' Councilman Richards nominate: Ethel Pacheco Councilman Rodriguez nominate: Della Maziotti � Mayor Reyes nominate: Mary Sue Lewis Youth. Commission: Mayor Reyes recommended that a letter be written to the L.U.S.D. inviting the Youth of Lynwood to become involved in this commission. . �' . �� , Mark Flores reported that he already attempted to recruit students from the L.U.S.D. and had no success. Since the majority of the students leave the commission because they reach the age of 18 years and older and they seek employment. Mr. Flores also stated that school principals must write a letter of recommendation in order for the student to join the Commission. ' Councilman Richards stated that there's an Ordinance,already established for this � Commission. Mark Flores sCated that he didn't think there was one in existence. �� Mayor Pro Tem Pedroza suggested to recruit,students from each school and �� I �' ��have one youth representative, from ages 11 years and over. � � t � �Mayor Pro Tem Pedroza moved that the two current youth commissioners (Lidia Romero � �� an�1 Claudia Figueroa) rernain as members of the Youth Commission. � Mayor Reyes stated thai lie had previously recommended for the Youth Commissioner to � attend the National League of Council. He woul'd like this to take place since this would . � be an outstanding experience for the youth. � � ' CLOSED SESSION Item #28: CLOSED SESSION ITEM(S) � �� Interim City Manager Montgomery stated with respect [o every item of business to be discussed in Closed Session Pursuant to Section 54956.9: � � A. CONFERENCE�WITH LEGAL COUNSEL-EXISTING � � ` � LITIGATION (Subdivision (a) of Section 54956.9) � � 1. Name of Case: City of Lynwood v. � { �� Lynwood Unified School District ` � ' ( ' Case No. BC259649 2 Name of Case Lynwood Unified School District v. City of Lynwood Case No. BS072]4 , 3. Name of Case: Lynwood Unified School District v. . ° City of Lynwood Case No. BS07215 4. Name of Case: City of Lynwood v. � Waste Management � � � Case No. TC019503 : � B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Significant exposure to litigation pursuanCto subdivision (b) of . Section 54956.9: Number of Cases: One (1) case � �I Subject Allied Govemment Services � �� C. With respect to every item of business to be discussed in closed , Session pursuant to Section 54957.6: � � ' CONFERENCE WITH LABOR NEGOTIATOR � Agency Negotiator: Gail L. Black Employee Organization: All bargaining units � ��' D. With respect to every item of business to be discussed in closed �session pursuantto Section 54957: PUBLIC EMPLOYEE APPOINTMENT � Title: Special Counsel It was moved by Councilman Rodriguez, seconded by Mayor Pro Tem Pedroza and carried to recess to Closed Session at 10:43 p.m. � Counci] reconvened at 1222 a.m. !, j Interim City Attomey Montgomery stated that Council met on the aforementioned � matters and stated on: Item #28 A. CONFERENCE WITH LEGAL COIJNSEL — EXISTING LITIGATIONS (Subdivision (a) of Section 54956:9: 1. Instructed Deputy City Attorney to respond to the Notice of Acquisition. 2. Instructed Deputy City Attorney to respond to the Notice of Acquisition 3. Instructed Deputy City Attorney to respond to TheNotice of Acquisition. 4. City Attorney was instructed to continue negotiations on resolution of this matter. B. Claim denied — votes 3/2 � Councilman Richards and Byrd abstained on voting C. Item to be removed from Calendar. E. Interim City Attorney reported Council voted 5-0 to appoint Richards,. Watson & Gershon — William Rudell as Special Counsel ,; to the City Clerk. ; � [tem #21 Allied Governmental Services (AGS) Claim Councilman Richards discuss this item further. Afrer further discussion, A Substitute Motion was moved by Councilman Richards, seconded by Councilman Byrd to continue with litigation and provide rebate to the citizens of Lynwood and also to use the money to build a Seniors Center. Mayor Reyes stated that A.G.S. contract has been terminated and no negotiations can be done. It was moved by Mayor Reyes, seconded by Councilman Rodriguez to deny claim. Councilman Richards and Mayor Reyes continued with further discussion on this matter. ROLL CALL ON SUBSTITUTE MOTION: AYES: COUNCILMAN BYRD AND RICHARDS NOES: COUNCILMAN RODRIGUEZ, PEDROZA, AND REYES ABSTAIN: NONE � , ; �w MOT[ON TO DENY CLAIM [N PUBLIC: AYES: COUNCILMAN RODRIGUEZ, PEDROZA AND REYES NO ANSWER; COUNCILMAN BYRD, AND RICHARDS ABSTAIN: NONE �y j h . ' ., . . b � ��1 d' . ADJOURNMENT ' It was moved by Councilman Byrd, seconded by Councilman Richards and carried to `� adjourn to a regular Council Meeting to be held February 19, 2002 at 6:00 p.m. in the ' Council Chambers of City Hall, ] 1330 Bullis Road, Lynwood, California. ' �L�� -4..a �+- � , . � Arturo Reyes, May � 1 �S�F1a� ,� • y�i��,cJ � . . Andrea L. Hooper, City Clerk i ---, ' j � } � . t �. I . - . r