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HomeMy Public PortalAboutM 2003-10-09 - CC_sp LYNWOOD CITY COUNCIL , SPECIAL MEETING ' ` OCTOBER 9, 2003 The City Council of the City of Lynwood mef in a Special Meeting in the Council Chambers; I 1330 Bullis Road on the above date at 4:15 p.m. Mayor Pedroza presiding. ' b � Councilman Byrd, Reyes, Saritillan, Rodriguez and Pedroza answered the roll call. x Also present were City Managei Hempe, City Attorney Casso, City Clerk Hooper and • , City Treasurer Pygatt City Clerk Hooper announced that the agenda had been duly posted. in accordance with the Brown Act: Mayor Pedroza —I have a question. I want to ask the City Attorney if the Agenda was properly posted. Because yesterday morning I signed a City Council notice to cal] a Specia] Meeting and the only Item on that was the First 5 L.A. Grant School Readiness Proposal. So there is nothing else here that was signed for Special Meeting. So I would � like to ask the City Attorney how did we end up with Closed Session Items and the � � � RedevelopmenY Agency Close' Session Items. When I signed far a Special CounciI Meeting for the First 5 L.A. Grant Item only. ' City Attorney James Casso — That is a question that has been running through cpy mind since I recefved by fax the noticing call and then received also the Agenda. If I can - promote Mr. Mayor with the counci] indulgence under the Brown Act Sec..5495.6 under � the Brown Act �it set forth that a�Council can call a Special Meeting at any time and it can be called by the presiding officec "The Mayor" or by the majority of the Council by delivering' written notice of the call of the Special Maeting to each member of the council '� and any news paper in general circulation or radio, or television, that so has reguested � � that type of notice. Certainly the City Clerk would know that if thaf were the case. The � � notices have been personally delivered or by other means faxed in particular or e—mail it � is supposed to be ieceived within 24 hours at least 24 hours prior to Yhe meeting that � � ' would have been no ]atter than 4:00 p.m. yesterday afrernoon no other business is to be �considered. At the meeting by the Council other then those Items to'be set forth in the � notice of'the call of the Special Meeting. What we have here Mr. Mayor and Council we have a notice of call of a Special Meeting which set forth that the Council would discuss the First 5 L.A. School Readiness Grant nothing more is set forth in the notice tin call to my understanding an Agenda was requested by the member of the Council to be posted. which set forfh a number of different Items including the part the Fiist 5 L.A. Program Grant issue'and then a number of Items to be discuses in closed session and those are set fourth� in Items 6 A thru E it would be the opinion of the ,City Attorney Office that the �notice in call. I understand that there was a questioned whether you Mr. Mayor gave Mr. � _� ��, �� Byrd proper notice of the notice in call of the �Special Meeting but by virtue of Mr. Bycd � -� being present now he is essentially waving any claims that was not provided proper � ` notice. Sut going back to the Agenda that was posted, I would say Mr. Mayor and :' � Members of Council that the only matter that can be discuses currently at this meeting� � � would be the Item set forth in� the notice in call of Special Meeting which deaPs� with the � ' First � L.A. School Readiness Grant other issues set forth to be discuss in closed session if Council would like to discuses those I would advise Council that you would be subject �� to a Brown Act Violation and given the Brown Act Violation 4here are a variety of � j � � different ways that can come do�vn a member of the public can challenged it, a member �� � of the Distriet Attorney can challenge it and a variety of different penalties that can � � � � fo(low there after Criminal Penalties, Civil Penalties so on and �so forth. So �if you are � � asking me if council should continue this meeting and I gather that's one� of yout inquires � � � sir. I�would suggest that Council should eonsider this matter and discuss the Grant Issue. With regards of the other matters I would suggest Council not do that because it was not . properly notice Should council or the majority of Council or Mr. Mayor wish to call for � meeting in the next 24 hours or 24 hence rather currently`that is within the prerogative. � �. But I would suggest that the section of the Brown Act. 5495.6 properly strictly followed � � � other wise again the Council is subjecting itself and this City to a Brown Act Violation. And I would strongly advice against that. i Mayor Pedroza – Thank �You Mr. City Attorney. I am seriously concemed to go fonvard with the additional Items that had been added on that were not properly noticed the Close Session in the Special Meeting and L.R.A. Items in the L:R.A. meeting that were not ' properly posted. Assuming,suggestions that if the majority of my colleagues here want to have this special meeting,to discuss other matters that were properly posted the agenda notifying all council members what is going to be discuss. I'm not in favor in discussing these items that have been added improperly, I would not want to be part of violating,the Brow Act. Which nobody� wants to, I expect. So I'm prepared to discuss First 5 L.A. Grant Program, which was�an urgent need because the deadline was upon us. 1.7 million — aze at stake the city o£ liynwood does want to take adVantage of this grant to provide better services for the childcaze providers. We would not want to miss that boat. We had a long and length discussi�on at the last meeting. Whether were going' to apply for the grant or are we going to let;it swing by. Mayor Pro Tem Rodriguez – I would like to make a comment on this. . Mayor Pedroza – Mr. Rodriguez go ahead. ;i Mayor Pro Tem Rodriguez,– Thank you. Mr. City Attorney the item in questioned in reference to the closed session items this was brought up to the prior posting'of the Agenda, is that correct Mr.�City Attorney. City Attorney James Ca'sso - Not to my knowledge. , Mayor Pro Tem Rodriguez - Yes it was, as a matter of fact, the City Manager was notified at 11:30 a.m. that morning and these Items where added prior to the posting of the Agenda. So there is no' conflict with the Brown Act. As faz as adding any Items prior to the posting, whatever the Mayor has there,.I do not think it is an illegal document that has to be abided by, prior:of the posting of the Agenda. Please elaborate on that � City Attorney Casso – Mr. Mayor and members of the CounciL If I can just read to you � what section 5495.6 states "when calling of a notice shall specify the time and place of the special meeting and tlie business shall be transacted or discussed no other business shall be considered at a meeting the legislative body. I have a forum of notice call for a Special,Meeting and it sets forth the only Item to be discussed is the Grant. This agenda was posted to my understanding it sets forth that each of the closed session Item with the exception of 6 A was requested by Mayor Pro Tem. It does not say requested by Mayor Pro Tem and two of your Council colleagues. And sir.I can only advise as I told you before and I tell my clients all the time. I can only give you the choices ultimately the decision rests with you ifiyou want to go ahead and you believe that you are safe, and you believe that this meeting i's not in violation of the Brown Act, Sir it is,your decision to go forward and do that. T suggest however, it be done correctly so that this, meeting or any subsequent meetings wou �d be on reproach and cannot be questioned. Mayor Pro Tem Rodrig� #ez – Just ona more question Mr: Mayor. Madam City Manager was the Mayor Pro tem �the only one who contacted you in this matter'or was it three members of the City Council that contacted you. Ci 'ty Manager Hempe I I spoke to you in this matter, in adding additional items to the Agenda and I explained to you that the Mayor had already signed the Special Meeting for only one Item to be discussed and he was not willing to add any more items to the Special Meeting. I did receiva a call from Councilman Reyes, and after that call I did also receiye --- a call from Councilwoman Santillan. �'f Mayor Pro Tem Rodriguez - Then obviously that makes three Councilmember that contacted you prior to the fAgenda being posted is that correct. City Manager Hempe – That is conect. , Couacilman Reyes — I have a question for the City Clerk, I do not see the City Clerk's " signature on the Agenda why. , _ City Clerk Hooper — Explained to Mr. Reyes that she did not sign the Agenda because , the Agenda was brought to her office while she was at lunch and her staff sign the Agenda, and also I should have received another document prior to the Agenda stating : that each Councilmember was correctly informed of the Special Meeting. ,� Councilman Reyes - Questioned if the two Agendas were given to the City Clerk's ._ oFfice before the deadline and were they posted according by law. . . City Clerk Hooper — Yes they were posted on time and according to the law: Councilman Reyes = I would like to make a motion to go ahead and deal with the Close Session Items for both the Council Agenda and the Lynwood Redevelopment Agenda, ` there is nothing unlawful the City Clerk posted the Agenda within the required law. Mayor Pro Tem Rodriguez — Second the motion. City Clerk Hooper — Explained that there is a difference with posting an Agenda and a Brown Act Violation. ' _ Council"man Reyes — Before someone came out with this form; it was never used before , did you ever used this form. City Clerk Hooper — Yes we have used this form before. Councilman Reyes — I have never seen tfiis kind of form used before. � City Clerk Hooper — Stated that ever since the Agenda went to the City Manager's Office the form has been used. Councilman Reyes — Stated that he does not see anywhere the City Clerk's signature. City Clerk Hooper — No I did not stgn the form because when I came back from lunch I noticed that there was a violation'being committed. � Councilman Reyes — I feel very comfortable that there is no violation being committed, . ' '�and again I move forward with conducting the Close Session Item. , Mayor Pedroza — There is a first and a second, but I would like to ask the City Attorney, �� if they made a motion but clearly we aze discussing right now the fact that this meeting �vas not properly noticed on the, additional items; if the Councilmembers wish to have this , meeting with the Close Session Items, I think they should announced it to the City Manager in open session on what they wish should be added to a future Council Meeting so that a violation of the Brown Act does not occur, because if you have three , Councilmembers calling to the City Manager and coinciding exactly what they want then that means they had a prior meeting, which means it is a Brown Act Violafion, so I . , strongly recommend that you do not continue with this items this meeting was planned for and posted �in public for the First 5 L.A. Grant Program, and if'you still want to . continue discussing this items I suggest that you direct staff today to post it properly for another day so you do not get yourself in trouble with the Brown Act Violation. ' Codncilman Reyes — I request a roll call ofmy motion. Mayor Pedroza — Questioned the Ciry Attorney if this motion can actually happen. ' - City Atforney Casso — Explained that he has given his advice on what he believes has " occurred and what may occur should this be continued in discussing the Close Session Items outside of the notice in call of this Special Meeting which was executed by the Mayor. And if Council whishes to entertain the motion it is Councils prerogative� I want to make one point clear Mr. Mayor and Members of the Council in no way of shape or form am I trying to delay what may be an inedible decision with regards,to the office,that I currently hold I am not doing this to stand in the way of change certainly that is well within the prerogative of the Members of this legislative body, al1 I am trying to do is to insure that the rules, regulations and laws that.aze set forth in the Municipal Code and; in the vazious Codes of the State of California are strictly followed and I think I have tried to do that as much as I can. And all I am suggesting is that should you wish to engage in the decision making on the Items set forth for Close Session then again T strongly suggest you do it and ensuie tfiat you have done it so that you have complied with the Brown Act, that is all I am suggesting you do, if you wish to do something differently then that.is up to the Council's. Counciiman Reyes — There is one Close Session Item that was added to the City Council --- Agenda that the three Councilmembers did not request, it was added by who knows who it is Close Session Item 6— A and I am not complaining so T am requesting a roll call. Mayor Pedroza — Questioned the City Manager on Close Session Item 6— A, what,is it exactly. ' ' City Attorney Casso — Stated that we are not going to have a close session discussion in open session, whether is it properly noticed or is not Mayor Pedroza — Councilman Reyes is suggesting that somebody added this on, obviously if the City Manager or the City Attorney is in question as faz as their job then the Council is going to entertain reviewing them as employees then obviously somebody put this in here because there is an Anticipated Litigation by either parties that always happens, it is really your choice as Councilmembers to do what you think is right, I think this is wrong I will discuss the First 5 L.A. Grant Program and once we are done with this item I am going to leave this Council Meeting I will not be part_of the $rown Act Violation you guys have chosen to continue the Meeting go ahead but like the City Attorney said you will be probably challenged by the public and probably by the-District Attorney's Office, I am not going to be part of that. Councilwoman Santillan —. When Lony and I spoke I am guessing it was about 130 p.m. or 1;45 p.m. Lorry brought to my attention that there was a couple of items added �~ and she asked me if I was in favor. City Manager Hempe — I did not ask you if you were in favor, you called me up and you directed me to put Close Session Items 6— B thru 6— E on the agendas, and also Mayor Pro Tem Rodriguez and Councilman Reyes. � Councilwoman Santillan — I do,not think that is the way the phone calt went. Councilman Reyes — Stated that he is not complaining on Close Session.Item 6— A, that I did not request and we,are only complaining on Items 6— B thru 6— E. I do not see any violations being committed. � Councilman Byrd — I do not know what the urgency is, the present City Manager has done inore in six months than we have had other City Manager's do in two years or four years, she is the most qualified she has adopted a two year budget, it is very obvious that this is a private interest that is going on here right now and it is unfortunate that we are elected by the people to do the peoples will„ and I am Celling you that there is a criminal act in this system and I will not stand bye because I know that this is not the will, of the people, you want to bring back the City Manager that was fired twice for incompetence in the City, and then you want to bring back the City Attorney who was brought in here only to over chazge the City to just sit in and drink scotch this is the kind of people they want --- to bring back, we get no respect,here and so you give none it is unfortunate thai we have this type of behavior with this people who supposedly aze elected by the citizens of Lynwood, Lorry Hempe has done an outstanding job she has taken care of every task she has been assigned too, she has put Lynwood on the front edge. Mayor Pedroza — Stated he would like to add one more thing to what has been said Ms. Hempe has been the most productive and efficient City Manager the City has everhad, she has helped us deliver a two year budget, there has never been a two year budget adopted in the.history of Lynwood and have never been submitted on time, she also delivered a strategy to avoid employee layoffs, delivered on the divine wall �project to , eliminate graffiti, delivered on the general plan evidence of the revised plan, delivered on the iinplementation n the real property reports who critically reduces the illegal garage conversions, serviced on the Senior Center standard project on the consensual design, refinanced on the bonds, delivered on the formation ofYhe Lynwood�Utility Finance as the need to finance critical City projects, delivered on building new parks, delivered on _ the sell of Ham Park, delivered on hazards plan, delivered on the completion of the trash contract, delivered op the technical job youth corps. All these things have been successes that have been brought to the City thanks to her leadership thanks to the envirorunent that she has provided to all the directors and managers. I believe we have done in six or seven months more than what we have done in three or four years. Councilinan Byrd — In the past two years we have lost more than about eleven million , dollars and a1T because of the City Manager and City Attorney that they want to bring back. ' . City Clerk Hooper — Clarified the motion, explained that the motion was moved by ' Councilman -Reyes, second by Mayor Pro Tem Rodriguez that no such Brown Act' . " Violation is present'in the posting of the Agenda and want to continue with the Close Session Items. ' ' Councilman Reyes '— `Stated that the motion is: To discuss all' items included in the Agenda because it was posted according to the Brown Act and there is no violation of , law and that was my motion. Mayor Pro Tem Rodriguez — Second the motion. ROLL CALL: __ AYES: COUNCILMEN REYES, SANTILLAN, RODRIGUEZ . NOES: COUNCILMEN BYRD, PEDROZA . ABSTAIN: NONE ABSTAIN: NONE Mayor Pedroza — Explained that they have basically voted to discuss jhe Close Session - Items that were added plus discuss the L.R.A. Meeting that was also added, and as I said ., before I am not in favor of that I am going to be walking out of the Meeting after we have discussed the First 5 L.A. Grant Program Item, I think it is a very serious violation but it isclear that thete is a difference of opinions. ' Mayor Pro Tem Rodriguez — Mr. Mayor you are showing a lack of professionalism, there have been times when we have not agreed and we have to show up for Close • Session when we sometimes do agree or not agree and we have to show professionalism , and we have stayed here, that is the way it is sometimes we believe you are right and sometimes we believe you aze wrong, but I have always have had the respect to listen to � you and the rest of the Councilmembers. � �_ Mayor �Pedroza — I do respect your opinion and hope you also'respect� my opinion, I fhe opinion that the rest of these items were not properly posted so I do not want to be part of � that. � , '—"' City Attorney Casso — I just wanted to comment, but I was not permitted to prior to the vote on the motion, is that Councilman Reyes has pointed out a informative if you will with the Agenda by referencing Item 6— A and how did that get on the Agenda and yet Councit said we wilt sti11 consider that matter Councilman Reyes just pointed out earlier to inforrriative if you will with regard to the notice in call the Special Meeting and that ' _ the City Clerk signature is not on the notice in call of the Special Meeting yet Council just voted to continue the meeting again I must re integrate this action you were verging o❑ the violation`of committing a violation of the Brown Act and again I suggest for . Council to reconsider it's action and Council consider doing it correctly so that those type of questions are no longer an issue, if Council wishes to ignore my advice that is your ; � prerogative, but I have an obligation to insure that Council's advice of some of the problems that may arise out of this meeting. , Mayor Pro Tem Rodriguez — Questioned the City Attomey that if this is a legal document. � City Attorney Casso —,Explained that it is a notice in call for a Special Meeting Pursuant to Section 54956 of the Brown Act. , Mayor Pro Tem Rodriguez — Was it filled properly. City Attorney Casso — yes the Mayor signed it properly. -� Mayor Pro Tem Rodriguez — We have a certification but we do not have the signature of the City Clerk that is the only illegal document. City Attorney Casso — I am just troubled by the notice in call of the Special Meeting and I am also trouble by the Agenda. Mayor Pro Tem Rodriguez.— Then if I may I would like to withdraw my motion because I fell very uncomfortable with this because once again we might be in violation of the Brown Act because there is no signature of the city Clerk, and what I would suggest is that we have the time for posting for another Council Meeting for a Special Council Meeting and bring back the C1ose,Session Items to the table. City Attorney Casso — That is what I have been suggesting all ,along, I am not here because I want to delay a particular action certainly within the prerogative of this body. I am because I have an ethical duty to advice you whether you are going to compiy the Law or not going to comply with the law that is all I am trying to do. Councilman Reyes — I feel that we are complying with the law, my conversation with the City Manager Lorry Hempe yesterday when I requested those items to be placed on the agenda she told me that the Mayor does not want to add those items, and' I said Lorry three members of the Council want the items to be added, still the Mayor refused to add `"` the items everything was within the law, I am satisfied that it was posted properly: Mayor Pedroza — It is untrue that the documents has only one item posted which is First 5 L.A. Grant Pund Program that is what I only signed for. City Attorney Casso — Just to clear one point that Mr. Reyes raised and other aze raising questions as to whether three Councilmembers can discuss the call of a Special Meeting in deed you can because there no way that a majority.of a body could calY a Special Meeting if they do not talk to one another about the fact that they want to call a Special Meeting and what item they want on the Agenda, that is certainly permissible the �issue becomes when you have a problem is when they discuss the particular items and they all decide how are they going to vote or what action they are going to make that then is a violation of the Brown Act, bnt functionally they are going to need to�talk to one another so they can agree on what will be on the notice in call for the Special Meeting when the majority exercises that prerogative. Councilwoman Santillan — I was just going to suggest that if this is such a big,problem why don't we just have another Special Meeting tomorrow without pay since we are already here, we get it posted at six o'clock and we will discuss the rest of the items that apparently aze a big problem. , Mayor Pro Tem Rodriguez — Second Ms. Santillan's motion as far as having a Special � Council meeting bringing everything to the table and making sure that this notice of Special Meeting should be sign so there would be no questions whether it is legal or not; I � fell very comfortable that this has been done legally. So please call rolLcall. City Clerk Hooper - Explained that Ms. Santillan did not make a motion she only" made a suggestion. Councilwoman Santillan – Stated that she would make a motion to have a Special , Meeting tomorrow at five o'clock. Councilman Byrd - Stated he would like to have the Special Meeting until Monday at _ whatever time the rest of the Council would like to meet. . City Attorney Casso – I would think that the proper thing to do is to withdraw the action , make a motion to reconsider the motion that was presented by Mr. Reyes and assuming � that action is reconsidered then I would suggest that if Council has designated five p.m. tomorrow or whenever it is tomorrow, then I suggest that a notice in call of that Special. Meeting Pursuant to 54956 be executed either by Mayor Pedroza or three members of . this Council' so that you are in compliance with the Brown Act. Mayor Pro Tem Rodriguez – If we were to do a meeting by tomorrow then we also have to `comply with the twenty-four hour posting and we would not have time. Councilman Byrd - Questioned the City'Attorney in regards to what is a serial meeting. � City Attorney Casso – Yes I can give you an example of what a serial meeting is, say for example you have Councilmember A, B' and C, Councilmember A meets with Councilmember B and they talk about whether to use pink highlighters or yellow � highlighters and Councilmember A says I like pink Councilmember B says I like pink too Councilmember B then goes and meets with Councilmember C and says you know what were going to discuss the issue of highlighters whether they'should be pink ar yellow and I just.want to let you know that I think tAey should be pink and by the way Councilmember B also thinks they should be pink, so what do you think. Then here you got a violation you,have a serial meeting, outside of a meeting here in the public. This would be an example of a serial meeting. Mayor Pro Tem Rod�iguez = Second Mr. Byrd's motion to have the Special Meeting on — Monday at 6 p.m. and make it a continuation meeting so we do not get paid. ' City Clerk Hooper – Clarified to the Members that they did not vote on tfie motion to even reconsider. . � . �City Attorney Casso – I would suggest that Council reconsider any action'it thought that might_take that could arguably be a violation of the Brown Act. '' Mayor Pedroza - Stated he would need a motion from on of the three Councilmembers that voted to discuss the additional items to reconsider and discuss them on the Special ' , Meeting on Monday. City Attorney Casso – Let me again explain what Council should consider doing, I think a member of the provenly side either Mayor Pro Tem Rodriguez or Councilman Reyes or Councilwoman Santillan should consider offering a motion to reconsider the motion. � No motion was made to reconsider. City Attorney Casso – Explained that the motion to discuss the added Close Session ' Items for both,Council and Lynwood Redevelopment Agencies has been passed, � Mayor Pedroza – Announced that he will not be part of this and he would only discuss �' Item 5 the First 5 L.A. Grant Program of the Council Agenda and then he would be leaving he will not be part of the violation of the Brown Act. PUBLIC ORAL COMMUNICATIONS ' (Regarding Agenda Items On]y) „ Lorene Reed = Item # 5 supports First 5 L.A, Grant Program, believes it would.be great for 1he children of our community. - Aide Lopez — Item #6, Close Session stated that she is very disappointed with Ms. Santillan, explained that she does not understand why would a professional and intelligent woman would want to bring back an ex City Manager that has been fired from the City three times already for not being mutual with Council and for only bringing financial problems to the City and also how would you bring back the ex City.Attorney who has also brought problems to the City who is just sitting on the City's money. Victor Gomez — Item #6 stated that he was asked to attack Ms. Santillan on her campaign, he did not agree but now he does expects the best from Ms. Santillan to try to make a difference for the community. Margaret Araujo — Stated that she is very disappointed with Councils attitude tonight. -- Carmelita Marshall — Stated. to Council that what their number one priority should be is there community. Bess Goodman — Item #5 stated that she would like to know if Council,would.approve � the First 5 L.A. Grant Funds, our community is in great need of these kirids of services. Adolph�Lopez — Stated that he supports Item #5 First 5 L.A. Grant Programs, but does not support Item #6 the Close Session for City Manager and City Attorney. Albert Jimenez — Stated that he also, agrees with Item #5 First 5 L.A. Grant Programs, but does not agree with Item #6 Close Session Items. Rob White — Explained that he does not agree with Council terminating City Manager Lorry Hempe, she has only cared about her community something.we the residents have not seen in a long time it would be a great mistake letting her go. Irene Garcia — Stated that she would like for someone to provide her with more information in regards to Item #5 Eirst 5 L.A. Grant Program. Lorna Hawkins — Supports Item #5 First 5 L.A. Grant Program. Wanda Bashama — Supports Item #5 First 5 L.A. Grant Program. , �� Pat Shields — Explained that she is concerned with Council not approving the First 5 L.A. Grant Program, would like for Council to consider this Item for the community .of Lynwood. Humberto Garcia — Supports. Item #5 First S L.A, Grant Program, does not understand why would Council make such a big deal when the funds aze being.provided by.First 5 L.A. it is not costing the City of Lynwood a dime. Paulette Bradley, — I feel that the City Council is not supporting the community. Luis Sanchez — Explained that every Councilman and Councilwoman has an obligation and that is to provide the community with the best. • Joaquin Macias — Stated that he feels that the City Attomey should always be neutral. , PUBLIC ORALS COMMUNICATIONS . NONE , DISCUSSION ITEMS __ Item #5: FIRST 5 L.A. GRANT PROGRAMS The purpose of this item is to provide the City Council with an update of activities and issues relating to the First 5 L.A. Child Care Grant Programs and to receive further direction. It was moved by Councilman Reyes, second by Mayor Pedroza to adopt the following ' Resolution. ' Mayor Pedroza — Stated he would like to make a change where it states: Allowing the City Manager . to sign all documents as Executive Director and approving the Director of Recreation & Community Services to seive as the contact person. Whaf we are missing here is that I would like to add thaf we allow the City Manager to sign all documents as Executive Director and approving the Director of Recreation & Community Services and the Consultant Pat Shields to serve as the contact persons. I do not want to allow the person who did all the work be removed then we will lose all the money, the lady from ' ; First 5 L.A. Grant Program said to use very clearly that if the contact person who did all the work is removed that then we will lose this grant, so I would suggest that we add the � Consultant Pat Shields as.a contact person. Would also like to add where it states the City Manager to sign all documents as Executive Ditector/Consultant Director Pat Shields. RESOLUTION NO. 2003.197 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE RATIFICATION OF ALL EXECUTED DOCUMENTS SUBMITTED AS A PART OF THE 2003 FIRST 5 L.A. GRANTS AND AUTHORIZING THE CITY MANAGER TO SIGN ALL DOCUMENTS AS : EXECUTIVE DIRECTOR , AND APPROVING • THE DIRECTOR OF . ` RECREATION & COMMUNITY SERVICES TO SERVE AS THE CONTACT PERSON FOR THE FIRST 5 L.A. GRANT. ROLL CALL: � AYES: COUNCILMEN BYRD, REYES, SANTILLAN RODRIGUEZ, ' REDROZA NOES: NONE . ABSTAIN: NONE ( ABSENT: NONE ' . Mayor Pedroza — Since the majority of the Council chose to continue with the Close Session Items 6— A thru 6— E and also the Lynwood Redevelopment Agency Close Session Item 1— A thru 1— D. I am still very uncomfortable with the Agenda posting and the violation of the Brown Act, ,even though there is still three people that do not agree with a violation being committed, I do not agree that it was posted correctly so I will give the gable to the Mayor Pro Tem Rodriguez so he can continue the meeting because there is a majority that wants to continue with the meeting, I personally feel that this items that • are next on the'Agenda were not properly posted. . Mayor Pedroza lefr at 6:35 p.m. ` City Attorney Casso — Mayor Pro'Tem Rodriguez should Council wish to continue with " the Agenda and pursuant to the motion that was offered at the beginning by Mr. Reyes I would- respectfully suggest that Council recess and that Lynwood Redevelopment be open, because if I recall correctly Lynwood Redevelopment Agency has not been opened. . • CLOSED SESSION Item #6: CLOSED SESSION ITEMS: ' • City Attorney James Casso stated with respect to every item of business to be discussed — in Joint Close Session pursuant to Section 54956.9: ;, A. Conference with Legal Counsel — Anticipated Litigation: one (1) case " B. Public Employee Dismissal/Release — City Manager C. Public Employee Appointment — City.Manager D. Public Employee Dismissal/Release — City Attorney E. Public Employee Appointment — City Attorney „ � City Attorney Casso – Questioned Iulayor Pro Tem Rodriguez if he wanted the City Manager and City Attomey in Close Session or not. Mayor Pro Tem Rodriguez – The Close Session will only be conducted by the Councilmembers, so we have no need of.your service and the City Managers anymore. City Attorney Casso – Questioned that if it is Councils desire that the City, Manager and the City Attomey stick around or do you want us fo leave. , MayorPro Tem Rodriguez – I would,suggest that you leave you are not going to be able to report back. . — It was moved by Councilman Reyes, second by Councilwoman Santillan and carried to recess to Joint Close Session at 635.p.m. Council reconvened at 7:07 p.m Interim City At#orney Montgomery stated. that the Council met on the aforementioned matters and stated on: A. Conference with Lega1 Counsel– No reportable action B. Public Employee Dismissal/Release – City Manager – Placed on Administrative Leave C. Public Employee Appointment – City Manager – Appointed Interim Faustin Gonzales � D. Public Employee Dismissal/Release – City. •�kEtq��tey---. �acate. th� ..-- -- " office of City Attorney ` E. Public Employee Appointment – City Attorney – Appointed Interim Michael Montgomery '� Councilwoman Santillan.– Stated that unfortunately a lot of the people that,got up to speak aze gone, but I do want to comment on-something there was a flyer that was passed around today and for.example here it states that.our present City Attorney has done a wonderful job and has only billed the City $236,000.00 but yet on this weeks warrant register there are two charged totaling $70t,000.00 I wanted to bring that up so that people can look at the warrant register and see for themselves. The other thing I also wanted to say is that Ms. Lorry was making approximately $140,000.00; which is also a discrepancy Mr: Faustin came back on a temporary basis for 6 months it will. give us a fair chance to prove himself and then we will bring them back and if we feel that Mr. Faustin and Mr. Montgomery need to be replaced then they will be replaced. � Mayor Pro Tem Rodriguez – Welcomed Interim City Manager and Tnterim City Attorney. We had a very rough afternoon but I will tell you that most of the people that were here we know were they are coming from and I can tell you one thing I.am here to help my community sometimes we will be making mistakes the fact of the matter is that when you make mistakes just make sure you are looking for the best interest of your community but I will tell you one thing that what happened this afternoon I fell very comfortable and I will be able to sleep tonight because I am looking out for the best interest of my community, � _. __._._ _._�...�,,.�,�, .-°,--_°-,- . '� ADJOURNMENT � � _ � Having no further discussion, it was moved by Councilman Reyes, second by Mayor Pro . Tem Rodriguez and carried to adjourn the Special Council Meeting at 7:15 p.m. ... . , �!;!C _ `�� ���?�'�2Q%>-__. �� ' � � Fe ando Pedroza, ayor , : �I2P�C/E.e'.e2� � � ��.��' � � �. Andrea L. Hooper, City Clerk � . ,