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Home My Public Portal AboutM 2003-09-04 - CC_sp � �. � . . � - . . . � ' . . � � r � ] i�/ ,( � LYNWOOD CITY COUNCIL - ` SPECIAL MEETING • SEPTEMBER 4, 2003 , The City Council.of the City of Lynwood met'in a Special Meeting in the Council � Chambers, 1133� Bullis Road on the above date at 3:25 p.m: Mayor Pedroza�presiding. ?�' Councilman Byrd, Reyes, Richards, Rodriguez and Pedroza answered the roll call. i " Also present were Gity Manager Hempe, City Attorney Cassq Gity Clerk Hooper and City Treasurer Pygatt. ' City Clerk Hooper announced that the agenda had been duly posted in accordance' with ' J the Brown Act.' PUBLIC ORAL COMMUNICATIONS . - . , (Regazding Agenda items Only) Sylvia Herron; 3576 Beechwood - Questioned if Consolidated Disposal was going to absorb the $5.90 a month for recycling and would like an answer. , . City Attomey Gasso explained that under the Brown Act oral communications at a , special meeting must focus on tfiose items on the agenda only, and can't deal with items outside the' agenda, would like the public to limit to those items only. He also read the section of the Brown Act pertaining to special meeting. � Councilman Reyes moved to hear the public speak on any item they wish to speak on even though it is not on the agenda, seconded by Mayor Pro Tem Rodriguez .; Mayor Pedroza asked the City Attorney if they were violating the Brown Act. City Attomey Casso stated that what Councilman Reyes is suggesting tliat they waive certain provision of the Brown Act. Mayor Pedroza stated that he personally wants to - hear what the public has to say, but he is concemed thaf they will be violating the Brown Act. - Councilman Reyes asked the City Attorney to give legal' opinion on the Brown Act ' section. City Attorney explained that the purpose of the Brown Act is to permit the business of the - Council to be done in an open session and to permit the pu6lic to speak, and stated that it is not his intent to prohibit members of the p'ublic to speak, but he just alerting City Council of certain provision of the Brown Act under special meetings. _ Councilman Richards stated the City Attorney is correct regarding this matter since more cities are getting deemed fornot sticking to law of the Brown Act. ' City Attorney Casso requested that Council consider a subsequent need item to add a relating matter to Item #6-2 that was heard foday in the Superior Court and would like to report to the City Council on it; City of Lynwood v. City Clerk Andrea L. Hooper (Los :'�` Angeles Superior Court Case, bs05178) to be as Item #6-7. 4 . . • ` It was moved by Councilman Byrd, seconded by Mayor Pedroza to add the subsequent ' need item. ' ROLL CALL: • . AYES: COUNCILMEN BYRD, RICHARDS, AND PEDROZA NOES: COUNCILMEN REYES AND RODRIGUEZ ABSENT: NONE . ABSTAIN: NONE . � I , � ��` ; � � Motion died, as it did not receive a 4/5` vote. Mayor Pedroza asked Ms. Herron to continue with her comments. Sylvia Herron - Stated that she is against the recall and hopes the courts ovenule it. Lorene Reed- 11805 Harris Avenue - Thanked the City Attorney Casso for putting the Council on track. Also thanked Councilmen Reyes and Pedroza for wanting the public to speak. Suggested that Council change the Agenda regazding public orals in future special meetings. She is against the recall because it is costing the taxpayers large amount of , money, this money should be spent on fixing up the city. Mark kudler-7699 9th St, Ste. - Spoke on a Closed Session Item #6-6 stated that council is trying to keep it in a closed session. He is trying to work with the ciTy attorney about this matter and also trying to work with all council members. Eddy Hernandez, Bazlow — Stated that he was insulted and injured by Mayor Pedroza when he tried to serve him with a recall petition. Stated the Mayor told him to serve him during public orals. Also, requested immediate action followed by a report. City Attomey Casso again reminded City Co.uncil that the public must speak on agenda items only. Mayor Pedroza clarified that he did tell Mr. Hernandez to serve him during public oral. communication§. Stated that the reason why Mr. Hernandez and Mr. Miguel Figueroa are serving him with a recall petition,is that they aze both working with Councilmen Reyes and Rodriguez. Mayor Pedroza continued to state why he was.being recall and stated.he is against any fraudulent recall. He came down from the dais to accept the recall petition and stated he. will fight his recall until the end. Alex Landeros, Lynwood resident - Stated that the same individuals that aze trying:to recall Mayor Pedroza aze the same people that help him get elected. Stated he is � concerned that the taspayers aze paying for recalls and this needs to stop: , Joaquin Mesinas, 3107 Euclid Avenue - Stated that if Council is not doing their job they need to be recalled. Feels that there is favoritism in City Hall, questioned why there aze only three polling places for the September 23rd election, concerned that money is spent on fun trips, credit cazds, eta Mayor Pedroza stated that after pubiic orals he would like the City Clerk to an answer#he question regarding the three poliing places. � Patricia Carr, 3842 Le Sage St. - Thanked the City Attorney for all his good work. . Questioned whether she can get a briefing definition of the litigation cases on whether it is personal or corporate, etc. Bruce Yingling, 11632 Louise - Addressed Council with problems that the Sheriffs do not respond to calls. City Attorney Casso stated Mr. Yingling comments aze beyond what is set forth on the agenda. Sal Alatorre, 3185 Oakwood - Addressed the City Attomey and stated that he always -- tries to give the right advice but most of the time is wrong. Stated that this is public oral communication and he has the right to express his opinions, stated that his comments are related to the recail. City Attomey Casso again reminded the public to speak on agenda items only. ; ' '�+� i . Mr. Alatorre asked, where is the freedom that we have to express our opinion at a public forum, and stated they aze tired of restrictions when it comes to their opinions. � Mayor Pedroza apologized to the public and stated he was not aware of the Brown Act section. • City Attorney Casso responded to Ms. Carr's question, and stated that paperwork relating to these matters is on file on various courts, for example Item #6-2 Lynwood Citizens for ^ Good Government against the City of Lynwood, that matter is on filed in Superior Court , Downtown Los Angele5, and members of the public can obtain a copy of these documents. Stated that the way the matters are noticed on the agenda is in complete and full compliance with the reqnirements of the Brown Act. � City Clerk Hooperstated that there is a new rule and regulations by the County Registrar Recorder,lhe County Registrar has had an issue from the Secretary of State's Office that . they must start using what they called "Neighborhood Center" for voting. The expenses are tremendously high for having all the precincts that we have had in the past along with the workers, but it has now become an obligation to the County to have community polls. The City of Lynwood did not set where the election would be held at neither Special election nor General election. Stated she met with County and they had a map and'they were the ones to set the boundaries. They have chosen three places, which they felt, will , ' benefit all the residents of the City of Lynwood. Each Neighborhood Center will have three to six precincts in one area, located at Bateman Hall, Lynwood United Methodist Church, and Lynwood Worship Center, which were done by Precinct Director of the County. Stated that it was brought to her attention that she was the one who did it and . deliberately put it in prominent black churches so it can be waived one way or the other. Stated that Bateman Hall and Lynwood United Methodist Church are not black churches, and Lynwood Warship Center is a Hispanic church, and would like the rumors to stop. • Stated that these would be boundaries for the Special Recall Election, Governor's Election, and General Election, as the City Council ar the City Clerk did not set them. j � Item #5: CONSIDERATION OF ADOPTING A RESOLUTION OF FRAUD # AND IRREGULARITIES RELATING TO THE RECALL ELECTION ` It was moved by Councilman Byrd, seconded by Mayor Pedroza to adopt the resolution: Councilman Richards requested to read the resolution by title. . �• City Clerk Hooper read the resolution by title only. , ROLL CALL: � AYES: COUNCILMEN BYRD, RICHARDS, AND PEDROZA NOES: COUNCILMEN REYES AND RODRIGUEZ ABSTAIN: NONE , ABSENT:., NONE k Councilman Richards questioned if they are known crimes why wou]dn't we want them prosecuted. Mayor Pedroza questioned the same issue. � '. " Mayor Pedroza informed the public that Council witness the evidence in Closed Session ' that was brought in by the City Attorney, based on preliminary reports. Stated that the : witness' names were not revealed but they did see signed Affidavits by people who participated in fraud and it was very cleared that they committed fraud, and wonders why wouldn't we want to prosecute. Stated he will be happy to answer any questions after the � �� meeting. • � City Clerk Hooper explained the voting procedures for the upcoming elections. Councilman Richards stated that people should be awaze that resources are being used for ' recall elections taking away services from the City. Sfated that the people are recalling him because they don't want him to speak and ask questions. �I , �� f � i Mayor Pedroza responded to Ms. Herron question regarding recycling fees, reported that they will have free recycled with this contract, senior citizens will obtain $4 to a$6 discount on their bill, and every resident will save about $1 from their current bill, unlimited bulky items pick up, new and cleaner trucks. For the record, doesn't understand why Councilmeri Reyes and Rodriguez voted "No" on this. It is a great deal for the community, as it will save money. Councilman Richards stated they went through a debating process and at the end of the day it took three votes to pass the contract, and as a result of the debate and deliberation they came up with a much;better deal, and Councilmen Byrd, Pedroza, and he voted in favor of this. Staff did a g'reat job in putting,it together. Stated that they have the opportunity to make almost $1,000,000 in franchise fees, don't understand why these --- council members voted "No.° � CLOSED SESSION j City Attomey James Casso ;stated with respect to every item of business to be discussed in Joint Closed Session pur$uantio Section 54956.9: ' Item #6: CONFERENCE WITH LEGAL COiJNSEL - EXISTING LITIGATION , 1. Name o f Case: Juan Figueroa vs. City of Lynwood � Case #BC267680 2. Name of Case: Mazia Santillan and Lynwood Citizens for Good Govemment v. City of Lynwood, et al ' ' Case No. Bso84078 �, ii� � 3. Name of Case: Thomas v. City of Lynwood � ; Case No. BC288238 4. Name of Case; , Regency Outdoor Advertising; Inc. v. City of � ; Lynwood Gase No. BC285256 5. Name of Case: Allied Governmental Services (AGS) v. City of ; i Lynwood Case No. BS075800 , 6. Name of Case: Laverne Jackson and Jackson & Associates v. City � of Lynwood Case No:BC288237 ;; 7. Name of�Case: Cynthia Green-Geter vs. City of Lynwood, et al i � Case No. MONO287727 i � It was moved by Councilman Byrd, seconded by Councilman Richards and carried�to recess Closed Session at 4:14 p.m. �, Council reconvened at 5:3�5 p.m. City Attorney Casso stated Council met on the aforementioned matters and stated on: � Item #6: . CONFERENCE WITH LEGAL COi1NSEL - EXISTING LITIGATION i � 1. Name of Case: Juan Figueroa vs. City oE Lynwood Case #BC267680 �_ '� No Reportable Action on fhis matter � 2. Name o� Case: Maria Santillan and Lynwood Citizens for Good ; Government v. City of Lynwood, et al • Case No. Bso84078 . �� ,. No Reportable Action on this matter , 3. Name of Case:. Thomas v. City of Lynwood Case No. BC288238 � , On a 4-1 vote (with Councilman Reyes "No") ," Council�gave direction to the City-Attorney and _ no final action was taken regardi�g this matter. 4. Name of Case: Regency Outdoor Advertising, Inc. v. City of Lynwood Case No. BC285256 No Reportable Action 5. Name of Case: Allied Governmental Services (AGS) v. City of , �Lynwood Case No. BS075800 � No Reportable Action � 6. Name of Case: Laverne Jackson and Jackson & Associates v. City '" ' of Lynwood Case No BC288237 On a 4-0 (1 absent - Councilman Reyes) - Council gave direction to the City Attorney. City Attorney clariTied that Councilman Reyes did participate in the discussion but did not get opportunity to vote, as he was indisposed. � 7. Name of Case: Cynthia Green-Geter vs. City of Lynwood, et al — Case No. MONO287727 No Reportable Action ADJOURNMENT Having no further discussion, it was moved by Mayor Pro Tem Rodriguez, seconded by Mayor Pedroza and carried to adjourn the Special Council Meeting at 5:40 p.m. . --_—. �� 'l,�i�/C� �' �' ernando Pedroza, Mayor (?�''��-�- •� , f��t�-�--� - • Andrea L. Hooper, City Clerk `