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HomeMy Public PortalAboutM2004-01-06 - CC LYNWOOD CITY COUNCIL REGULAR MEETING , JANUARY 6, 2004 � The City � Councit of the City of Lynwood met in a Regular Meeting in the Council Chambers, 11330 Bullis Road on the above date ai 6:14 p.m. Mayor Byrd presiding. �� Councilman Pedroza, Rodriguez, Santillan, Vasquez, and Byrd answered the rol'! call. � � Also present were City Manager Hempe, City Attorney Beltran, and City Clerk Hooper. " City Treasurer Pygatt was absent. , City Clerk Hooper announced that the agenda had been duly posted im accordance with the Brown Act. Mayor Byrd opened Lynwood Redevelopment Agency, Lynwood Information; Inc., � Lynwood Public Finance Authority at 6:16 p.m. City Clerk Hooper took separate roll , call for each agency. _ � � � Item 6#: PRESENTATIONS/PROCLAMATIONS � •� 2003 Christmas Decoration Contest Winners = All winners were � � presented with an award for best lighting, most creative; and religious sponsored by the Recreation & Community Services and Neighborhood Block Watch. • Everyone sang and congratulated Mayor Byrd for his birthday. �� • Item #7: Mayor recessed to Lynwood Redevelopment, Lynwood Information Inc, � Lynwood Public Finance Authority. at 6:30 p.m. It was moved by Councilwoman Santillan, seconded by Councilman Pedroza. , Council reconvened at 7:32 p.m. PUBLIC ORAL COMMUNICATIONS . (Regarding Agenda Items Only) � Loma Hawkins, 3580 Louise St. — Item #1�5 (Law Enforcement/Public Safety Substation) ' spoke in favor of having a substation in Lynwood, Item #16 (Special Permit: Request for � Massage License 1�1302 Long Beach Blvd.) stated that�Long�Beach Blvd. has too many � illegal activities going-on and is against issuing a massage license. � Sylvia �Herron, 3576 Beechwood _= Item #12 (Warrant Register) spoke against the excessive usage of cellular phones, Item #16 (Special Permit Request for Massage License� 1-1302 � Long Beach Blvd.) spoke against issuing a massage license, Item #17 �' (Telecasting of� City Council Meetings) spoke against televising the CiYy Council � � � meetings, Item #18 (Conference, Training, and Meeting�Policy) questioned�why a draft of � this item was not attached to the agenda: � � � ��� � � Rod White, 4206 Carlin — Item #17 (Telecasting of Ciry Council Meetings) supports � ''� televising the City Council meetings and hopes that Council members support this item. � Irene Garcia, 2737 E] ll`� St. — Item #12 (Warrant Register) Complained about the , excessive usage of cellular phones. ' � Eufemia Rivas, 11302 Long Beach Blvd. — Item #16 (Special Permit: Request for . Massage License 11302 Long Beach Blvd.) Is requesting that Council approve her special permit request to have a massage license. PUBLIC ORAL COMMUNICATIONS Irene Garcia, 2737 E. 111` St. — Stated she filed a complaint on Plaza Mexico because they are distributing flyers without a business license or permit. Accused Councilman Pedroza of being the owner of Cafe Canela. Spoke against the Matricula Consular, stated the Sheriff s need authority to give citations. Rod White, 4206 Carlin — Wishes all council members a Happy New Year, Congratulated Mayor Byrd for his re-election and Council Member Vasquez for being elected,�also thanked Council member Pedroza for doing a fine job during.his 2002 2003 Term as Mayor. Welcomes the City Attorney to the City. Gave an update of the Pazk --- Water Co. regarding increasing water rates, and suggested protesting and sending a letter to the PUC requesting to rescind new rates for 2005, Gave an update about. the 719 Corridor Citizens Committee and invites everyone to attend tfie meeting scheduled for January I5�' at Bateman HalL Jack Keane, Commented that Lynwood is moving forward, Congratulated Council Member Vasquez for being elected. Also complimented Special Assistant Grant Taylor and Redevelopment Director Louis Morales for the new developments. Complained about Plaza Mexico not having business license for ping-pong machines. Sal Alatone, 3185 Oakwood — Wishes everyone a Happy New Year. Complained about council members salary and traveling expenditures. Albert Jimenez, 3997 Lugo Avenue — Spoke about vehicle license fees and property tases. Feels that people need to be put to work. James Sue, Construction Coordinator for Plaza Mexico — Stated that all businesses at Plaza Mexico have business licenses but are not displayed accordingly. Would like to request that Council Members consider fiis item for carts/kiosks. Alfreddie Johnson, 4727 Cazlin — Congratulated Mayor Byrd for his.re-election and Council Member Vasquez for being elected. Announced that Martin Luther King Parade �� would take place on January 19` Sylvia Ortiz, Lynwood resident — Stated she attended Christmas Posadas in December and joined them all, but suggests joining all Christmas Posadas together. Spoke in favor of massage license, also requested stop sign on Santa Fe Avenue and Banning Street. Paulette Bradley, 3992 E. Platt Avenue — Wishes everyone a Happy New Yeaz, Thanked a11 Council Members for making changes and moving Lynwood forward, Also thanked all city staff for the new developments in Lynwood. Joaquin Mesinas, 3107 Euclid — Apologize to the audience for his rudely behavior earlier at the meeting. Addressed Council regarding salary compensation. Councilman Pedroza responded to some of the comments made by the,public and stated that elected officials have responsibilities to attend meetings, conferences, etc. and they work hazd and.diligently to make new development improvements in the city. Also spoke about per diem and what is the purpose of the per diem. Encourages that everyone work together to accomplish more in the City. Mayor Pro Tem Vasquez directed City Manager to put together a Black History Program for the month of February, y Item #8: MINUTES OF PRBVIOUS MEETINGS: It was moved by Councilman Rodriguez, seconded by Mayor Byrd and�carried to approve the following Minutes: • Regular Meeting, November 18, 2003 '.' • Special Meeting, November 25, 2003 � CONSENT CALENDAR ' All matters listed under the Consent Calendar will be acted upon 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 Pedroza pulled Item #10 (Workers Compensation). F Councilwoman Santillan pulled Item #12 (Warrant Register). It was moved by Councilman Rodriguez, seconded by Mayor Byrd to adopt the following ordinance and resolutions. � Item #9: APPROPRIATION OF FiJNDS RECEIVED THROUGH THE CITY OF • VERNON • ' RESOLUTION N0. 2004.001 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROPRIATING FUNDS RECEIVED FROM THE CTTY OF VERNON FROM . PROPOSITION "A" MAINTENANCE AND SERVICING FUNDS TO BOTH REVENUE AS WELL AS EXPENDITURE ACCOUNTS AS PART OF THE CURRENT 2003-2005 BIENNIAL OPERATING BUDGET" Item #11: SECOND READING OF ORDINANCE — AMENDING TO SECTION 7- 28 TO THE LYNWOOD MUNICIPAL CODE ORDINANCE NO. 1544 ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING TO SECTION 7-28 TO TAE LYNWOOD MUNICIPAL CODE" Item #13: 2002 RESOURCES BOND ACT, MURRAY-HAYDEN PROGRAM � . RESOLUTION NO. 2004.003 ENTITLED: � � � "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPLICAATION OFR GRANT FUNDS FOR THE URBAN PARK ACT, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT OF 2002 FOR CARNATION PARK IMPROVEIVIENT5" RESOLUTION NO. 2004.004 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN PARK ACT OF 2001 PROGRAM UNDER THE CLIFORNIA CLEAN WATER, � CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION � � BOND ACT OF 2002 FOR FERNWOOD NATURE TRAIL" RESOLUTION NO. 2004.005 ENTITLED: . `°A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AFPROVING THE APPLICATION OFR GRANT FUNDS FOR THE URBAN ' PARK ACT 2001 PROGRAM UNDER THE CALIFORNIA CLEAN WATER, , CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT OF 2002 FOR LYNWOOD SENIOR CTTIZEN CENTER" Item #14: USED OIL BLOGK GRANT RECYCLING PROGRAM RESOLUTION NO. 2004.006 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PROGRAMMING FOR FISCAL YEARS 2003- 2004 AND 2004-2005; AND APPROVING THE SERVICE CONTACT EXTENSION WITH CURBSIDE, INC., FOR THE USED OIL BLOCK GRANT PROGRAM." ROLL CALL: � AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ,BYRD NOES: NONE -- ABSENT: NONE AB5TAIN: NONE Item #10: WORKER'S COMPENSATION THIRD PARTY ADMINISTRATOR City Manager Hempe stated that the City Council authorize the Mayor and City Manager to execute a three-year service agreement with Colen & Lee to serve as the City's third party administrator for workers' compensation effective February l, 2009. Councilman Pedroza questioned as to when did Council approve RFP requests to go out. Assistant City Manager Alfretta Earnest responded that two years ago Council approved to do RFP for liability and Workers Compensation, but a third party administrator was not selected during that time. Mayor Byrd commented that he has no acknowledgement of the RFP being approved by Council and stated that any RFP over a period of two years should be brought back for CounciPs review. ' ' Afrer further discussion, it was moved by general consent to continue the item far further consideration. Item #12: APPROVAL OF THE WARRANT REGISTERS Councilwoman Santillan questioned Warrant Register #ll9863 regarding DoubleTree . lodging. Assistant City Manager Alfretta Earnest responded that the DoubleTree � expenses would be for the upcoming ICA Conference. : , It was moved by Councilman Pedroza, seconded by Mayor Byrd to adopt the resolution. RESOLUTION NO. 2004.002 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS ° THEREFORE" ROLL CALL: AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ,BYRD NOES: NONE � ABSENT: NONE � ABSTAIN: NONE DISCUSSION ITEMS � Item #15: LAW ENFORCEMENT/PUBLIC SAFETY SUBSTATION " City Manager Hempe explained that the purpose of this item is to provide the City Council with a progress report relative to the establishment.of a Law Enforcement/Public Safety Substation. Also recommends that the City Council receive staffs presentation and direct staff to come up with an interim plan on Yhe establishment of Yhe Public Safety Center and to look into establishing a more permanent Public Safety Center, which will � entail �idenrificarion on how to fund this center. ' � City Manager Hempe explained that staff has surveyed surrounding cities with substations and found that the activities and size of fhe facilities range significantly based upon whether the location is a storefront or a full service substation. A starefront facility is a business office operation where public safety and other city services are available to the public during specific office hours. Example of such facilities include the City of -� South Gate Police Substation ]ocated in the El Paseo Shopping Center, the Lakewood ' � Community Safety Center located in the Lakewood Mall, the Bellflower Sheriff �� � �Substation locared in the downtown area; and the Duarte Public Safety Sheriff Satellite � Station located in a major shopping center. Staff 'is proposing to implement the substation concept in two Phases; purchasing or leasing an existing building on Atlantic, � or build a facility at the new�park. � Councilman Pedroza addressed concems with funding for the center, and crime and � prostitution at the Atlantic �location. � Councilwoman Santillan also expressed concerns with prostitution, crime and funding for ` the center. � � � Afrer further discussion, it was moved by Councilwoman Santillan, seconded by �� � Counci�lman Pedroza that the City Manager conduct a study on the feasibility of the � � � substation center. . � City Manager Hempe recommended forming committee to discuss Public Safety comprehensive initiatives for the City. Councilwoman Santillan suggested including the Block Watch in the Public Safety issues. — City Manager Hempe suggested that the Mayor establish a committee appointing two , members of the Council to work wifh staff on a comprehensive program for the Public � �� Safety Initiative. � � � � � J � ROLL CALL: AYES: COUNCILMEN PEDROZA, ROD1tIGUEZ, SANTILLAN, VASQUEZ,BYRD ' NOES: NONE ABSENT: NONE ABSTAIN: NONE ' Item #16: SPECIAL PERMIT: REQUEST FOR MASSAGE LICENSE P li02 LONG BEACH BOULEVARD � It was moved by Councilman Pedroza, seconded by Councilman Rodriguez to approve � the special permit granting a massage license at her business, Rivas Naturista, located at 11302 Long Beach Boulevard in the C-2 (Light Commercial) zone. ROLL CALL: , AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN,, VASQUEZ,BYRD � NOES: NONE � ABSENT: NONE ABSTAIN: NONE Item #17: TELECASTING OF CITY COLJNCIL MEETINGS , City Manager Hempe.explained that given that the City Hall/Civic Center Master Plan is one of the City's top major projects and proposed for completion in Spring 2005, it would not be feasible to incur an expense as costly as the purchase and installation of a video system because it could face elimination during reconstruction of City Hall. In considering the feasibility of videotaping city council meetings, it should be ❑oted that the size of the City Council Chambers does not provide ample space for the required setup of cameras and equipment without inconveniencing the public that attends the meetings. Also she mentioned that the televising of the Council meetings could be made available for future telecast. She stated that funds identify would be from the Media Consultant who already provides the City with videotaping of various city's , events. City Manager Hempe stated that Lazaro Sanchez, HP Audio & Video Productions, has a contracf with the City for video production services. Mayor Pro Tem Vasquez stated she directed Johonna Howard, Public Relation Officer to look into the possibility into televising the Council Meetings herdesire is.to create a — more open govemment far public viewers. After further discussion, Councilmembers expressed that they are in support of televising the Council Meetings but they need to come up with options to fund this item. It was moved by Councilman Pedroza, seconded by Councilman Rodriguez� to continue the item for further consideration. ROLL CALL: AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ,BYRD NOES: NONE ABSENT: NONE ABSTAIN: NONE Item# 18: CONFERENCE, TRAINING, AND MEETTNGPOLICY City Manager Hempe explained the purpose of this item is to have City Council review the City's policy guidelines and procedures governing City Council as they travel and/or attend meetings, conferences, training sessions, or other elements of official city business. The draft policy is also intended to maintain effective control over these. expenses. The City should recognize that all reasonable expenses incurred by City � Council members on behalf of the City are reimbursable. Under a separate cover, staff has prepared a draft Conference, Training, and Meeting policy for consideration. It is staff's intent to include comments from the City Counci] members and to bring back a final drafr policy for adoption. Counciiwoman Vasquez stated she is concerned with Per Diems being issued and reimbursed to Council members. Councilwoman Santillan suggested continuing the item to review the draft policy and to have time to give their input. By general consent, it was moved to bring back a final drafr policy for adoption afrer CounciPs input. , � SUBSEQUENT NEED ITEM: City Clerk Hooper requested Ihat City Council consider disc.ussion on a subsequent Need Item as State Office of Emergency Services related to the November 12` storm. It was moved by Councilman Pedroza, seconded by Councilwoman_Santillan to, hear the subsequent need item. ROLL CALL: � AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ,BYRD NOES: NONE ABSENT: NONE ABSTAIN: NONE City Attorciey Beltram suggested opening public orals for this item. Hearing no response. It was moved by Mayor Byrd, seconded by Councilman Santillan to adopt the resolution. RESOLUTION NO. 2004.007 ENTTTLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DESIGNATING THE CTTY MANAGER OR HER DESIGNEE AS THE AUTHORIZED AGENT TO SUBMIT APPLICATIONS AND TO PROVIDE INFORMATION TO THE STATE OFFICE OF EMERGENCY SERVICES FOR CERTAIN FEDERAL AND/OR STATE FINANCIAL ASSISTANCE" ROLL CALL: AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, . ' ° VASQUEZ,BYRD NOES: ' �NONE ' ABSENT: NONE ABSTAIN: NONE ' CITY COUNCIL ORAL COMMUNICATIONS Councilman Pedroza — Stated he is happy to serve the City of Lynwood as an elected official. Lynwood has changed and is moving forward with many city projects and developments. THanked all the residents who have given him their support. Councilman Rodriguez — No Comments ' Mayor Pro Tein Vasquez'— Addressed an item and requested to make a correction for a meeting held on December 3 where we reported "No Reportable Action" on a Closed Session Item. City Attorney Beltran stated that this is entirely appropriate as Mayor Pro Tem Vasquez is just stating her opinion regarding thts issue, and she is not asking for � , revote or the item to be reviewed or discussed. Mayor Pro Tem Vasquez stated that at this meeting it was reported that there was "No Action Taken" on item that we actually did take action on a 4-0 vote where we voted that further action would be taken on a matter regarding the disposition of a report that was presented that evening. Stated that for the record, that we did take action on a 4-0 vote on this matter. City Clerk Hooper questioned, what was the Closed Session Item. Mayor Pro Tem Vasquez responded that it was Closed Session Item #23 (1090 Violation) the report made " by Freeman. City Clerk Hooper stated she would review the attorney's ruling and reviews the reports and reported back to the City Attorney. . City Attorney Beltran clarified tfiat Mayor Pro Tem Vasquez is stating that although there ' was a repoR that "No Reportable Action" took place, she is making the statement that - indeed there was consensus by the four (4) members who participated providing further instructions regarding the disposition. City Clerk Hooper stated that the City Attorney came out of the meeting and reported "No Reportable Action" and she don't attend closed session meetings, so Mayor Pro Tem would have to ask for the consensus of rest of the Council Members. City Clerk Hooper ' stated she couldn't report that there was action taken by a 4-0 vote, if indeed the City Attomey reported "No Reportable Action" and nothing else was reported. Councilman Pedroza questioried the City Attomey; what if there is a consensus on the � majority oFthe Council to change the Minutes to read that there was Reportable Action. - City Attomey stated that there was no Minutes prepare of this meeting and this is timely. " City Attorney Beltran stated that Council's desire is to clazify this matter, as he would talk with the Councilmembers to obtain the particulars for accurate information as to who participated and what the instructions were, that way the City Clerk would have formal record of the action notwithstanding stating "No Reportable Action". City Clerk Hooper stated that this was acceptable. Councilwoman Santillan — Questioned whethet the City has a residential ordinance related to colors. Grant Taylor, Special AssistanUDevelopment Services responded that the City has a commercial & industrial cotor ordinance but not residential. Councilwoman Santillan directed City Manager to bring back an ordinance regarding color review of residential.homes for Council's approval. Councilman Pedroza — Requested that city staff bring back the Carport Ordinance for CounciPs consideration. Would like for the Granny Shack Legislation be brought back for CounciPs consideration and discussion to possibly correct problems of illegal garage � conversions and constructions. Councilman Santillan — Stated that she is looking forward to give her input in the Travel Meeting item, and wishes everyone a Happy New Year. , , Mayor Pro Tem V asquez — Is happy to see that a Cap was placed on the LII and LPFA meetings, pleased to� give her input in the Travel Meeting item, Public Safety Substation� and looking forward to see the Council Meetings to be televised. Mayor Byrd — Stated he is pleased with the out come of tonight's meeting and hopes they continue working together: Stated he received a complaint from a resident Betty Oliver, 3940 Lugo regaxding their driveway and would like staff to assist with this matter. Also reported that two doctors were hit at the Martin Luther King Boulevard crosswalk in front of St. Francis Medical Center. CLOSED SESSION City Attorney Beltran stated with respect to every item to be discussed in Joint Closed Session pursuant to Section 54597: Item #19: CLOSED SESSION ITEMS � A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION - (Subdivision (a) of section 54956.9:) 1. Name of Case: Thomas v. ;City of Lynwood � Case No. BC288238 , 2. Name of Case: Juan Figueroa v. City of Lynwood . Case No. BC267680 3. Name of Case: Regency Outdoor Advertising, Inc: v. City of Lynwood . . Case No. BC285256 4. Name of Case: Laverne Jackson and Jackson & Associates v. City of Lynwood Case No. BC288237 It was moved by Councilman Rodriguez, seconded by Councilman Pedroza and carried to recess to Joint Closed Session at 9:17 p.m. Council reconvened at 10:30 p.m. City Attorney Beltran stated that Council met on the aforementioned,matters and stated on: _. Item #19: CLOSED SESSION ITEMS , , A CONFERENCE WITH LEGAL COUNSEL — EXISTING. LITIGATION - (Subdivision (a) of section 54956,9:) 1. Name of Case: Thomas v. City of Lynwood Case No. BC288238 _ Council re-consensus unanimously in , providing terms and conditions and ' further instructions to City Attorney and Special Counsel regarding the possible disposition of this matter. ; ' 2. Name of Case: Juan Figueroa v. City of Lynwood � Case No. BC267680 � Status report was provided a�d no action take� by the CounciL 3. Name of Case: Regency Outdoor Advertising, Inc. v. City of Lynwood Gase No. BC285256 Status report was provided and no action taken on that matter. � � 4. Name of Case: Laverne Jackson and Jackson & Associates v. City of Lynwood Case No. BC288237 Council re-consensus unanimously in providing terms and conditions and further instructions to City Attorney and Special Counsel regarding the possible ,— disposition of this matter. ADJOURNMENT Having no further discussion, it was moved by Councilman Pedroza, seconded by Councilwoman Santillan and carried to adjoum the Regular Council Meeting at 10:35 p.m. ��'�� C����� Louis Byrd, Mayor ���'�l� �' �� 2 � �7`'e�" Andrea L. Hooper, City Clerk , . ; - r LYNWOOD CITY COUNCIL REGULAR MEETING JANUARY 6, 2004 ' The City Council of the City of Lynwood met in a Regulaz Meeting in the Council ' Chambers, 11330 Bullis Road on the above date at 6:14 p.m. Mayor Byrd presiding. ' Councilman Pedroza, Rodriguez, Santillan, Vasquez, and Byrd answered the roll ca1L Also present were City Mariager Hempe, City Attorney Beltran, and City Clerk Hooper. City Treasurer Pygatt was absent. City Clerk Hooper announced that the agenda had been duly posted in accordance with the Brown Act. � Mayor Byrd opened Lynwood Redevelopment Agency, Lynwood � Information, Inc., Lynwood Public Finance Authority at 6:16 p.m. City Clerk Hooper took separate roll call for each agency. Iteui 6#: PRESENTATIONS/PROCLAMATIONS •. 2003 Christmas Decoration Contest Winners – All winners were presented with an award for - best lighting, most creative, and religious sponsored by the Recreation & Community Services and Neighborhood Block Watch. • Everyone sang and congratulated Mayor Byrd for his birthday. ,; Item #7: Mayor recessed to Lynwood Redevelopment, Lynwood Information Inc, Lynwood Public Finance Authority at 6:30 p.m. It was moved by - ' Councilwoman Santillan, seconded by Councilman Pedroza. Council reconvened at 732 p.m. � PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Loma Hawkins, 3580 Louise St. – Item #15 (Law'Enforcement/Public Safety Substation) . spoke in favor of having a substation in Lynwood, Item #16 (Special Permit: Request for Massage License 11302 Long Beach Blvd.) stated that Long Beach Blvd. has too many . illegal activities going-on and is again'st issuing a massage license. Sylvia Herron, 3576 Beechwood – Item #12 (Warrant Register) spoke� against the excessive usage. of cellular phones, Item #16 (Special Permit: Request for Massage ' License 11302 Long Beach Blvd.) spoke against issuing a massage license, Item #17 (Telecasting of City Council Meetings) spoke against televising the City Council meetings, Item #18 (Conference, Training, and Meeting Policy) questioned why a draft of this item was not attached to the agenda. �'— Rod VJhite, 4206 Carlin –' Item #17 (Telecasting of CiTy Council Meetings) supports j televising the City Council meetings.and hopes that Council members support this item. Irene Gazcia, 2737 E 111` St. – Item #12 (Warrant Register) Complained about the excessive usage of cellular phones. Eufemia Rivas, 11302 Long Beach Blvd. – Item #16 (Special- Permit Request for Massage License 11302 Long Beach Blvd.) Is requesting that Council approve her special permit request to have a massage license. PUBLIC ORAL COMMUNICATIONS Irene Garcia, 2737 E. ll 1` St. – Stated she filed a complaint on Plaza Mexico because they aze distributing flyers without a business license or permit. Accused Councilman Pedroza of being the owner of Cafe Canela. Spoke against the Matricula Consulaz, stated the Sheriff's need more authority to give citations. ,, Rod White, 4206 Carlin – Wishes all council members a Happy :New Yeaz, Congratulated Mayor Byrd for his re-election and Council Member Vasquez for 6eing elected, also thanked Council member Pedroza for doing a fine job during his 2002-2003 term as Mayor. Welcomes the City Attorney to the City. Gave am update of the Park Water Co, 'regazding increasing water rates, and suggested protesting and sending a letter — to the PUC requestirig to rescind new rates for 2005, Gave an update about the 710 Corridor Citizens Committee and invites everyone to attend the meeting scheduled for January 15�' at Bateman Ha1L Jack Keane, Commented that Lynwood is moving forward, Congratulated Council Member Vasquez for being elected. Also complimented Special Assistant Grant Taylor and Redevelopment Director Louis Morales for the new developments. Complained about Plaza Mexico not having business license for ping-pong machines. Sal Alatone, 3185 Oakwood – Wishes everyone a Happy New Year. Complained about council members salary and traveling expenditures. Albert Jimenez, 3997 Lugo Avenue – Spoke about vehicle license fees and property taaces. Feels that people need to be put back to work. James Sue, Construction Coordinator for Plaza Mexico –, Stated that all businesses at Plaza Mexico have business licenses but aze not displayed accordingly. Would like to request that Council Members consider his item for carts/kiosks. Alfreddie Johnson, 4727 Cazlin – Congratulated Mayor Byrd for his re-election and Council Member Vasquez for being elected.. Announced that Martin Luther King Parade would take place on January 19�'. "-" Sylvia Ortiz, Lynwood resident – Stated she attended Christmas Posadas in December and joined them all, but suggests joining all Christmas Posadas together. Spoke in favor of massage license, also requested stop sign on Santa Fe Avenue and Banning Street. Paulette Bradley, 3992 E. Platt Avenue – Wishes everyone a Happy New Yeaz. Thanked all Councii Members for making changes and moving Lynwood forwazd. Also thanked all city staff for the new developments in Lynwood. . Joaquin Mesinas, 3107 Euclid – Apologize to the audience for his rudely behavior earlier at the meeting. Addressed Council regarding salary compensation. Councilman P,edroza responded to some of the comments made by the public and stated that elected officials have responsibilities to attend meetings, conferences, etc. and they work hard and diligently to make new development improvements in the city. Also spoke about per diem and what is the purpose-of the per diem. Encourages that everyone work together to accomplish more in the City. Mayor Pro Tem Vasquez directed City Manager to put together a Black History Program' for the month of February. , . Item #8: MINUTES OF PREVIOUS MEETINGS: � It was moved by Councilman Rodriguez, seconded by Mayor Byrd and carried to approve the following Minutes: • Regulaz Meeting, November 18, 2003 • Special Meeting, November 25, 2003 i � CONSENT CALENDAR All matters listed under the Consent Calendaz will be acted upon one motion affirming , , the action recommended on the agenda. There will be no sepazate discussion on these items prior to voting unless members of the Council or staff request specific items be removed from the consent Calendar for sepazate action. , Councilman Pedroza pulled Item #10 (Workera Compensation). • Councilwoman Santillan pulled Item #12 (Warrant Register). It was moved by Councilman Rodriguez, seconded by Mayor Byrd to adopt the following � ordinance and resolutions. - Item #9: APPROPRIATION OF FLTNDS RECEIVED THROUGH THE CITY OF VERNON � " RESOLUTION NO. 2004.001 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROPRIATING FUNDS RECEIVED FROM THE CITY OF VERNON FROM � PROPOSITION "A" MAINTENANCE AND SERVICING FUNDS TO BOTH ` REVENUE AS WELL AS EXPENDITURE ACCOUNTS AS PART OF THE CURRENT 2003-2005 BIENNIAL OPERATING BUDGET" Item #11: SECOND READING OF ORDINANCE — AMENDING TO SECTION 7- - 28 TO THE LYNWOOD MUNICIPAL CODE ORDINANCE NO. 1544 ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING TO SECTION 7-28 TO THE LYNWOOD MUNICIPAL CODE" �- Item #13: 2002 RESOURCES BOND ACT, MURRAY-HAYDEN PROGRAM RESOLUTION NO. 2004.003 ENTTI'LED: . "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPLICAATION OFR GRANT FUNDS FOR THE URBAN PARK ACT, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT OF 2002 FOR CARNATION PARK IMPROVEMENTS" RESOLUTION NO. 2004.004 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF .THE CITY OF LYNWOOD APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN PARK ACT OF 2001 PROGRAM UNDER THE CLIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION' BOND ACT OF 2002 FOR FERNWOOD NATURE TRAIL" ' RESOLUTION NO. 2004.005 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING TAE APPLICATION OFR GRANT FUNDS FOR THE URBAN . PARK ACT 2001 PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT OF 2002 FOR LYNWOOD SENIOR CITIZEN CENTER" r- Item #14: USED OIL BLOCK GRANT RECYCLING PROGRAM RESOLUTION NO. 2004.006 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD � APPROVING THE PROGRAMMING FOR FISCAL YEARS 2003- 2004 AND 2004-2005; AND APPROVING THE SERVICG.CONTACT EXTENSION WITH CURBSIDE, INC., FOR THE USED OIL BLOCK GRANT PROGRAM." ROLL CALL: AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ,BYRD NOES: NONE ABSENT: NONE ABSTAIN: NONE Item #10: WORKER'S COMPENSATION THIRD PARTY ADMINISTRATOR City Manager Hempe stated that the City Council authorize the Mayor and City Manager to execute a three-yeaz service agreement with Colen & Lee to serve as the City's third party administrator for workers' compensation effective February i, 2004. — Councilman Pedroza questioned as to when did Council approve RFP requests. to go out. Assistant City Manager Alfretta Earnest responded that two years ago Council approved to do RFP for liability and Workers Compensation, but a third party adminisfrator was not selected during that time. Mayor Byrd commented that he has no acknowledgement of the RFP being approv8d by Council and stated that any RFP over a period of two years should be brought back for Council's review. After further discussion, it was moved by general consent to continue the item for further consideration. Item #12: APPROVAL OF THE WARRANT REGISTERS Councilwoman Santillan questioned Warrant Register #119863 regarding DoubleTree. lodging. Assistant City Manager Alfretta Eamest responded that the DoubleTree expenses would be for the upcoming ICA Conference. It was moved by Councilman Pedroza, seconded by Mayor Byrd to adopt the resolution. RESOLUTION NO. 2004.002 ENTITLED: • "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE" ROLL CALL: AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, . VASQUEZ,BYRD ,. NOES: NONE ABSENT: NONE ABSTAIN: NONE � DISCUSSION ITEMS Item #15: LAW ENFORCEMENT/PUBLIC SAFETY SUBSTATION City Manager Hempe• explained that the purpose of this item is to. provide the City Council with a progress report relative to the establishment of a Law Enforcement/Public Safety Substation. Also recommends that the City Council receive staff's presentation and direct staff to come up with an interim plan on the establishment of the Public Safety ---� Center and to look into establishing a more permanent Public Safety Center; which will entail identification on how to fund this center. City Manager Hempe explained that staff has surveyed surrounding cities with substations and found that the activities and size of the facilities range significantly based upon whether the location is a storefront or a full service substation. A storefront facility is a business office operation where public safety and other city services aze available to the public during specific office hours. Example of such facilities include the City of Soutfi Gate Police Substation located in the El Paseo Shopping Center, the Lakewood CommuniTy Safety Center located in the Lakewood Mall, the Bellflower Sheriff Substation located in the downtown area, and the Duarte Public Safety Sheriff Satellite Station located in a major shopping center. Staff is proposing to implement the . substation concept in two Phases; purchasing or leasing an existing building on Atlantic, or build a facility at the new park. , Councilman Pedroza addressed concems with funding for the center, and crime and prostitution at the Atlantic location. , Councilwoman Santillan also expressed concerns with prostitution, crime and funding for the center. „ After further discussion, it was moved by Councilwoman Santillan, seconded by Councilman Pedroza that the City Manager conduct a study on the feasibility of the , substation center. City Manager Hempe recommended forming committee to discuss Public Safety comprehensive initiatives for the City. Councilwoman Santillan suggested including the Block Watch in the Public SafeTy issues. City Manager Heinpe suggested that the Mayor establish a committee appointing two members of the Council to work with staff on a comprehensive program for the Public Safety Initiative. - ROLL CALL: AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ,BYRD � NOES: NONE ABSENT: NONE � � ABSTAIN: NONE ; Item #16: SPECIAL PERMIT: REQUEST FOR MASSAGE LICENSE 11302 LONG BEACH BOULEVARD � It was moved by Councilman Pedroza, seconded by Councilman Rodriguez to approve - the special permit granting a massage license at her business, Rivas Naturista, located at 11302 Long Beach Boulevard in the G2 (Light Commercial) zone. _' ROLL CALL: � AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ,BYRD NOES: NONE ' ABSENT: NONE ABSTAIN: NONE Item #17: TELECASTING OF CITY COiJNCIL MEETINGS City Manager Hempe explained that given that the City Hall/Civic Center Master Plan is one of the City's top major projects and proposed for completion in Spring 2005, it would not be feasible to incur an expense as costly as,the purchase and installation of a video system because it could face elimination during reconstruction of City Hall: In � considering the feasibility of videotaping city council meetings, it should be noted that the size of the City Council Chambers does not provide ample space for the required setup of cameras and equipment without inconveniencing the public that attends the meetings. Also she mentioned that the televising of the Council meetings could be made available for future telecast. She stated ihat funds identify would be from the Media Consultant who alread'y provides the City with videotaping of various city's events. ' City Manager'Hempe stated that Lazaro Sanchez, HP Audio & Video Productions, has a contract with the City for video production services. Mayor Pro Tem Vasquez stated she directed Johonna Howazd, Public Relation Officer to look into the possibility into televising the Council Meetings as her desire is to create a more open govemment for public viewers. After further discussion, Councilmembers expressed that they aze in support of televising the Council Meetings but they need to come up with options to fund this item. It was moved by Councilman Pedroza, seconded by Councilman Rodriguez to continue the item for fm•ther consideration. ROLL CALL: J AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ,BYRD NOES: NONE ABSENT: NONE ABSTAIN: NONE Item# 18: CONFERENCE, TRAINING, AND IviEETING POLICY City Manager Hempe explained the purpose of this item is to have City Council review the City's policy guidelines and procedures governing City, Council as they travel and/or attend meetings, conferences, training sessions, or other elements of official city business. The draft policy is also intended to maintain effective control over these expenses. The City should recognize that all reasonable expenses incuned by City Council members on behalf of the City aze reimbursable. Under a sepazate cover, staff has prepared a draft Conference, Training and Meeting policy for consideration. It is staff's intent to include comments from the City Council members and to bring back a final drafr policy for adoption. , Councilwoman Vasquez stated she is concerned with Per Diems being issued and . reimbursed to Council members. Councilwoman Santillan suggested continuing the item to review the draft policy and to have time to give their input. By general consent, it was moved to bring back a final draft policy for adoption after CounciPs input. SUBSEQUENT NEED ITEM: City Clerk Hooper requested that City Council consider discussion on a subsequent Need Item as State Office of Emergency Services related to the November 12` storm. It was moved by Councilman Pedroza, seconded by Councilwoman Santillan to heaz the subsequent need item. ROLL CALL: AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ,BYRD NOES: NONE ' ABSENT: NONE ABSTAIN: NONE • City Attorney Beltran suggested opening public orals for this item. Hearing no response. ;. — It was moved by Mayor Byrd, seconded by Councilman Santillan to adopt the resolution. ' RESOLUTION NO. 2004.007 ENTITLED• �°?i RESOLUTION OF THE CITY � COUNCIL OF THE CITY OF LYNWOOD DESIGNATING THE CITY MANAGER OR HER DESIGNEE AS THE AUTHORIZED AGENT TO SUBMIT APPLICATIONS AND TO PROVIDE INFORMATION TO THE STATE OFFICE OF EMERGENCY SERVICES FOR CERTAIN FEDERAL AND/OR STATE FINANCIAL ASSISTANCE" • ROLL CALL: � AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ,BYRD . NOES: NONE ' ' ABSENT: 'NONE ^ ABSTAIN: NONE ' � CITY COUNCIL ORAL COMMUNICATIONS Councilman Pedroza — Stated he is happy to serve the City of Lynwood as an elected � official. Lynwood has changed and is moving forward with many city projects and developments. Thanked all the residents who have given him their support. Councilman Rodriguez — No Comments *Mayor Pro Tem Vasquez — Addressed an item and reguested to make a correction, for a meeting held on December 3` where we reported "No Reportable Action" on a Closed . Session Item. City Attorney Beltran stated that this is entirely appropriate as Mayor Pro Tem Vasquez is just stating her opinion regarding this issue, and she is not asking for revote or the item to be reviewed or discussed. Mayor Pro Tem Vasquez stated that at ' this meeting it was reported that there was "No Action Taken" on that item, but we actually did take action on a 4-0 vote where we voted that further action would be taken on the matter regarding the disposition of a report that was presented that evening. Stated that for the record, that we did take action on a 4-0 vote on this matter. City Clerk Hooper questioned, what was the Closed Session Item. Mayor Pro Tem Vasquez responded that it was Closed Session Item #27(A) (1090 Violation) the report " made by Freeman. City Clerk Hooper stated she would review the attorney's ruling and ;, reviews the reports and reported back to the City Attorney. City Attomey Beltran clazified that Mayor Pro Tem Vasquez is stating that although there was a report that "No Reportable Action" took place, she is making the statement that indeed there was consensus by the four (4) members who participated providing further instructions regarding the disposition. , City Clerk Hooper stated that the City Attorney came out of the meeting and reported "No Reportable Action" and she didn't attend closed session meetings, so Mayor Pro Tem would have to ask for the consensus of rest of the Council Members. City Clerk Hooper stated she couldn't report that there, was action taken by a 4-0 vote, if indeed the City Attorney reported "No Reportable Action" and nothing else was reported. Councilman Pedroza questioned the City Attorney; what if there is a consensus on the majority of the Council to change the Minutes to read that there was Reportable Action. Ciry Attorney stated that there was no Minutes prepare of this meeting and this is timely. City Attomey Beltran stated that,CounciPs desire is to clazify this matter, as he would talk witH the Councilmembers to obtain the particulars for accurate information as to who participated and what the instructions were, that way the City Clerk would have formal record of the action notwithstanding stating "No Reportable Action". City Clerk Hooper ' stated that this was acceptable. °� Councilwoman Santillan — Questioned whether the City has a residential ordinance related to colors. Grant Taylor, Special AssistanUDevelopment Services responded that the City has a commercial & industrial color ordinance but not residential. Councilwoman Santillan directed City Managzr to bring back an ordinance regarding � color review of residential homes for Council's approval. Councilman Pedroza — Requested that city staff bring back the Carport Ordinance for CounciPs consideration. Would like for the Granny Shack Legislation be brought back for Council's consideration and discussion to possibly correct problems of illegal gazage conversions and constructions. Councilman Santillan – Stated that she is looking forward to give her input in the Travel Meeting item, and wishes everyone a Happy New Year. . Mayor Pro Tem Vasquez – Is happy to see that a Cap was placed on the LII and LPFA meetings, pleased to give her input in the Travel Meeting item, Public Safety Substafion. • and looking forwazd to see the Council Meetings to be televised. Mayor Byrd – Stated he is pleased with the out come of tonighYs meeting and hopes they continue working together. Stated he received a complaint from a resident Betty Oliver, — 3940 Lugo regarding their driveway and would like staff to assist with this matter. Also reported that two doctors were hit at the Martin Luther King Boulevazd crosswalk in front of St. Francis Medical Center. CLOSED SESSION Ciry Attorney Beltran stated with respect to every item to be discussed in Joint Closed Session pursuant to Section 54597: Item #19: CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION - (Subdivision (a) of section 54956.9:) . 1. Name of Case: Thomas v. City of Lynwood Case No. BC288238 2. Name of Case: Juan Figueroa v. City of Lynwood Case No: BC267680 3. Name of Case: Regency Outdoor Advertising, Inc.-v. � City of Lynwood Case No. BC285256 4. Name of Case: Laverne Jackson and Jackson & Associates v. City of Lynwood Case No. BC288237 It was moved by Councilman Rodriguez, seconded by Councilman Pedroza and carried to recess to Joint Closed Session at 9:17 p.m. Council reconvened at 10:30 p.m. . City Attorney Beltran stated that Council met on the aforementioned matters and stated on: Item #19: CLOSED SESSION ITEMS � A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION - (Subdivision (a) of section 54956.9:) l Name of Case: Thomas v. City of Lynwood � Case No. BC288238 . . Council re-consensus .:unanimously in providing terms and conditions and further instructions to City Attorney and Special Counsel regarding the possible disposition of this matter. , j 2. Name of Case: Juan Figueroa v. City of Lynwood ' ' Case No. BC267680 ' Status report was provided and no action taken by the CounciL � , 3. Name of Case: Regency Outdoor Advertising, Ina v. City of Lynwood ` Case No. BC285256 • Status report was provided and no action taken on that matter. 4. Name of Case: Laverne Jackson and Jackson & Associates ' v. City of Lynwood Case No. BC288237 Council re-consensus unanimously in ' providing terms . and conditions and � fuMher instructions to City Attorney and •Special Counsel regarding the possible � disposition of this matter. , ADJOURNMENT Having no further discussion, it was moved by Councilman Pedroza, seconded by �-- Councilwoman Santillan and carried to adjourn the Regular Council Meeting at 10:35 � ? p.m. t �Y�"!u�!t���.� ,�, J��fG.L� o is Byrd, Mayor Andrea L. Hooper � *Footnote: That as a result of these comments the minutes of December 3, 2003 are "hereby effectively amended to reflect that the following reportable action '" - took place on Agenda Item 27(A): Upon commencement of the discussion of this item Mayor Pro Tem Rodriguez was excused from the meeting. A repott was presented to the council, which was thereafter ' discussed by the council. After the discussion the council reached unanimity in its consensus that the report be disclosed to the District Attomey and delivery of the report to the District Attomey's office was ordered."