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Home My Public Portal AboutOrd. 1696ORDINANCE NO. 1696 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA ADDING SECTION 2-28, "CITIZEN OVERSIGHT COMMITTEE" TO CHAPTER 2, "ADMINISTRATION" OF THE LYNWOOD MUNICIPAL CODE, ESTABLISHING THE PROCEDURES OF A CITIZEN OVERSIGHT COMMITTEE TO ADVISE ON COMMERCIAL CANNABIS AND THE EXPENDITURE OF MEASURE PS FUNDS, AND PROVIDING THE TERMS AND RESPONSIBILITIES OF THE COMMITTEE MEMBERS WHEREAS, on November 8, 2016, California voters approved Proposition 64, which had the effect of legalizing recreational marijuana statewide; and WHEREAS, with the passage of Prop 64, cities and counties were compelled to develop a process to allow for a variety of cannabis business related activities including: cultivation, manufacturing, dispensaries, processing, distribution and other similar related activities; and WHEREAS, on December 20, 2016, the City of Lynwood, adopted Ordinance No. 1688, which added Chapter 4 Section 34 to Title 4 Licensing and Business Regulations of the Lynwood Municipal Code relating to the licensing and regulation of cannabis cultivation and manufacturing; and WHEREAS, the purpose of Ordinance No. 1688 is to regulate all commercial cannabis activity in the City of Lynwood, as defined in Section 19300.5 0) of the California Business and Professions Code; and WHEREAS, on July 19, 2016, the City Council adopted Resolution No. 2016-162 calling for the holding of a Special Municipal Election to be held on Tuesday, November 8, 2016 in the City of Lynwood; and . WHEREAS, one of the items on the ballot of the Special Municipal Election to be considered by the public was Measure PS; and WHEREAS, Measure PS (also referred to as the 'Rainy Day Fund") asked the public to consider whether the public authorized the City of Lynwood to establish a one -cent sales tax to help fund vital city services including emergency response, neighborhood police patrols, sheriffs deputies and gang detectives, gang, drug and youth violence prevention programs, fire protection, street and pothole repair and parks and recreation programs and other essential general services; and WHEREAS, the public approved Measure PS with 75.18% of all ballots cast voting in favor of Measure PS; and WHEREAS, Measure PS requires independent annual financial audits, the creation of a citizen oversight committee and public review of all expenditures; and WHEREAS, in furtherance of the goals of the Commercial Cannabis Business objectives, and in furtherance of the requirement to create a citizen oversight committee upon the approval of Measure PS, the City of Lynwood desires to create a Citizen Oversight Committee to assist and provide guidance to the City Council on policy matters relating to the Commercial Cannabis Industry and the expenditure of Measure PS funds; and WHEREAS, on June 27, 2017, the City Council adopted Resolution No. 2017-119 authorizing the creation of said Oversight Committee to advise on commercial cannabis and the expenditure of Measure PS funds, and directing the City Attorney to bring back an ordinance articulating that process; and WHEREAS, this Ordinance establishes the procedures to establish a Citizen Oversight Committee, and provides for the terms and responsibilities of the Citizen Oversight Committee Members. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Lynwood hereby determines and finds that the Recitals set forth above are true and correct, and incorporates them herein as findings. SECTION 2. A new Section 2-28, "Citizen Oversight Committee" of Chapter 2, "Administration" is hereby added to the Lynwood Municipal Code, to read as follows: 2-28-1 ESTABLISHED A "Citizen Oversight Committee" is hereby established. 2-28-2 COMPOSITION AND APPOINTMENT OF MEMBERS The Citizen Oversight Committee shall consist of a total of five (5) members, with each Councilmember appointing one (1) member. For purposes of this section, each Councilmember shall be deemed the "appointing authority." 2-28-3 RESIDENCY REQUIREMENT Members must reside in the City of Lynwood at the time of their appointment, and for the duration of their term. 2-28-4 TERM The members shall be appointed to a term of two (2) years. Members may be reappointed to subsequent terms. If the appointing Councilmember no longer serves, then the term of his or her appointed member may expire if the new Councilmember exercises his or her authority to appoint a new member of his or her choosing. 2-28-5 COMPENSATION Members of the Citizen Oversight Committee shall be paid a stipend of fifty dollars ($50.00) for each monthly meeting he or she attends. 2-28-6 REMOVAL Committee members shall serve at the pleasure of their appointing authority, and may be removed without cause. 2-28-7 ORGANIZATION AND MEETINGS The members shall elect a chairperson and vice chairperson, who shall serve for a one (1) year term. The Citizen Oversight Committee shall meet at Lynwood City Hall, once a month, and at an established date and time suitable for this purpose, as established by the Oversight Committee, in consultation with the City Manager, or his or her designee. 2-28-8 SCOPE OF DUTIES The Oversight Committee, in consultation with the City Manager, shall establish rules and procedures for the conduct of its meetings and duties. It shall be the function and duty of the Oversight Committee to assist, provide guidance, and make recommendations to the City Council on policy matters and policy implementation relating to the Commercial Cannabis Industry, and the allocation and expenditure of Measure PS funds. The Oversight Committee may make reports and written recommendations to City Council, as deemed appropriate. 2-28-9 CITY STAFF ASSISTANCE The City Manager, or his or her designee, may provide the Oversight Committee with staff assistance. 11 2-28-10 VACANCY A vacancy on the Oversight Committee will exist whenever a member resigns, ceases to reside in the City of Lynwood, dies, or is removed. The vacancy shall be filled by appointment by the Councilmember who appointed said member for the unexpired portion of such term. 2-28-11 ABSENCES Section 2-12-1 of the Lynwood Municipal Code shall apply to absences of Oversight Committee members, and implications and/or consequences for same. Section 3. The City Manager or her designee is authorized to take action,as,may be necessary to implement this Ordinance. Section 4. The Mayor or presiding office of the City of Lynwood City Council is hereby authorized to affix their signature to this Ordinance signifying its adoption by the City Council of the City of Lynwood. Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. Section 6. The City Clerk of the City of Lynwood shall certify to the adoption of this Ordinance and cause the same to be posted and/or published as required by law. First read at a special meeting of the City Council held on the 31St day of July, 2017 and adopted and ordered published at a regular meeting of said Council on the 15th of August, 2017. PASSED, APPROVED AND ADOPTED this 15th day of August, 2017. ATTEST: (dAi�i ^ Maria Quinonez, City Clerk` APPROVED AS TO FORM: Noel Tapia, City Attohiey APPROVED AS TO CONTENT: STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 15th day of August, 2017. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSENT: NONE ABSTAIN: NONE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1696ryin my. office and tl�lat said Ordinance was adopted on the date and by the vote therein stated. Dated fhis 15th day of August, 2017. i Maria Quinonez, City Clerk