The URL can be used to link to this page

Home My Public Portal About2020-03-03 City Council Special MeetingThis Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200. Procedures for Addressing the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL. AGENDA City Council Special Meeting TO BE HELD ON March 3, 2020 Duly Posted 3/2/20 by MQ COUNCIL CHAMBERS - 11350 BULLIS RD, LYNWOOD, CA 90262 6:00 PM 1.CALL TO ORDER 2.CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3.ROLL CALL OF COUNCIL MEMBERS Aide Castro, Mayor Jorge Casanova, Mayor Pro Tem Salvador Alatorre, Council Member Marisela Santana, Council Member Jose Luis Solache, Council Member 4.PLEDGE OF ALLEGIANCE 5.INVOCATION PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NON-AGENDA PUBLIC ORAL COMMUNICATIONS THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS WITHIN THE JURISDICTION OF THE COUNCIL AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE MATTER TO STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).) City Council Special Meeting - Page 1 of 9 NEW/OLD BUSINESS 6.SPECIAL LIVE ENTERTAINMENT PERMIT PROCESS Comments: The City Council will consider a live entertainment permit policy based on the following three (3) goals. 1. The businesses currently providing entertainment without a permit will have 45 days from receipt of a Stop Work Order Notice to submit a permit application. 2. During these 45 days, and the time it takes to process and approve the application, the business may continue to provide live entertainment. 3. In order to temporarily be allowed to provide this entertainment, the business has to comply with a specific list of conditions. (CD) Recommendation: Staff recommends that the City Council review and adopt the attached Policy Number 2020- 1 entitled “Special Live Entertainment Permit Process”. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON MARCH 17, 2020 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. City Council Special Meeting - Page 2 of 9 Agenda Item # 6. AGENDA STAFF REPORT DATE: March 3, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Michelle G. Ramirez, Director of Community Development SUBJECT: SPECIAL LIVE ENTERTAINMENT PERMIT PROCESS Recommendation: Staff recommends that the City Council review and adopt the attached Policy Number 2020-1 entitled “Special Live Entertainment Permit Process”. Background: The City Council adopted regulations in the Lynwood Municipal Code (“Code”) Chapter 25-25-7, regarding the requirements for an establishment to obtain a permit for all live entertainment activities, which includes dancing, live music, DJ, karaoke entertainment, and any similar use. Recently, there has been an increase in the number of establishments found to be offering live entertainment without an approved permit from the City Council. When this happens, the business is cited and issued a Stop Work Order Notice. As part of the process, the business is instructed to complete a Special “Live Entertainment” Permit application with the Planning Division and seek approval from the City Council. Currently, an establishment interested in providing live entertainment would not be able to do so until a completed application is submitted to the City and approved by the City Council. This process can take a few weeks to complete, hindering a business’ ability to provide live entertainment until the application has been approved by the City Council. Discussion and Analysis: The City of Lynwood (“City”) currently regulates live entertainment activities through Chapter 25-25-7 of the City of Lynwood Municipal Code, entitled “Entertainment Establishment”. This section requires establishments to obtain a Special “Live Entertainment” Permit through the City Council for any uses involving dancing, music, or similar use. These regulations were developed in order to ensure any live entertainment did not disrupt the quality of life of our residents or surrounding business, or the character of a City’s neighborhood due to amplified music, late hours of operation, nonresidential vehicles parking within neighborhoods, etc. City Council Special Meeting - Page 3 of 9 The application (along with the submitted site plan, floor plan, and security plan) is reviewed by staff, the LA County Fire Department, and LA County Sheriff’s Department. A report is produced with all parties’ comments and recommendations, which is presented to the City Council for review and final approval. This process can take a few weeks to complete, as staff must receive comments from outside parties (LA County Fire Department and LA County Sheriff’s Department). As a result, this delays a business’s ability to provide live entertainment, which could potentially affect a business’s growth and success. To alleviate a business’s inability to provide live entertainment prior to the City Council approval, it is being recommended that the City Council adopt a policy that would allow a business to continue providing live entertainment while they prepare an application for submittal to the City and wait for approval from the City Council. Essentially, an establishment would be given 45 days from the date they received a Stop Work Order Notice to submit a completed application to the City. During this 45-day period, as well as during the time it takes to process the application for City Council approval, the establishment would be allowed to provide “temporarily” live entertainment provided they comply with the below conditions. 1. The owner of the establishment must submit a completed Special “Live Entertainment” application to the City no later than 45 days from the date of receiving a City issued Stop Work Order Notice. This 45-day period will be known as a “Grace Period”. 2. The owner of the establishment will be allowed to continue offering live entertainment, which includes live music, DJ, and karaoke entertainment only (no dancing is permitted or allowed), during the 45-day Grace Period as an accessory entertainment use to the primary use of the Establishment. During this Grace Period, only one (1) karaoke machine is allowed within the establishment. 3. Upon the submittal of a complete application, the Grace Period will be extended while the application is being processed and a final decision is made by the City Council. 4. All live entertainment is restricted to the hours of 7:00 p.m. to 10:00 p.m. Sunday through Thursday, and 7:00 p.m. to 12:00 a.m. (midnight) Friday and Saturday only. 5. This temporary approval for live entertainment is granted with the City and its City Council retaining and reserving the right and jurisdiction to review and to approve a final Special “Live Entertainment” Permit. 6. The owner of the establishment shall comply with all Federal, State, and local laws relative to the approved use including the requirements of the Regulatory Agencies during the stated Grace Period. 7. The owner and/or onsite manager of the establishment shall provide consent for and access to entire premises for inspection by the Regulatory Agencies at any time during normal business hours or while the business is operating to verify compliance with applicable regulations and these listed conditions. Any locked or otherwise secured doors shall be opened upon demand. 8. No "Adult type videos" (karaoke laser discs) will be utilized. 9. All doors must be closed when utilizing karaoke or any other music. 10. All entrances/exits must be kept free and clear at all times. 11. Queuing lines shall be managed in an orderly manner and all disruptive and intoxicated persons shall be denied entry. Any queue located on the exterior of a building shall not obstruct the entry or exit doors of adjacent businesses and residences, and shall be located in such a manner that the adjacent sidewalk has at least three feet of unobstructed clearance. All requisite city approvals and permits shall be obtained prior to placing or using any stanchions, rope, balusters, or similar barriers for queues. 12. Alcoholic consumption outside the building and the sale of alcoholic beverages for consumption off the premises is strictly prohibited. 13. The owner and/or onsite manager shall not allow a vendor without a proper City license within the facility for the purpose of selling any items (i.e. flowers, balloons, toys, etc.). 14. The owner of the establishment must employ at least one (1) uniform security guard to be stationed in the parking lot Monday – Sunday (7:00 p.m. until one hour after close of business). 15. The owner and/or onsite manager of the establishments and/or security guard will prevent and discourage loitering inside and in the parking lot. Such loitering tends to promote violence. 16. The owner of the establishment must be in compliance with the City's Noise Ordinance restrictions at all times. 17. The owner of the establishment shall post signage in a prominent position in the premises advising patrons to exit with due regard for the peaceful enjoyment of the area by other commercial or residential users, advising patrons that loitering in the parking facility or areas adjust is strictly prohibited and advising patrons that any disruption of the area will result in an immediate notification to law enforcement by owner/onsite manager of the establishment or the security guard on duty. 18. Any accumulation of trash in or adjacent to the premises shall be removed immediately. 19. Any violation of any applicable laws and/or these operating conditions will be grounds for suspension of the City Council Special Meeting - Page 4 of 9 Grace Period for the purpose of allowing live entertainment prior to receiving a Special “Live Entertainment” Permit. 20. In addition to any owner and/or onsite manager, a responsible person will be on duty at all times while the business is open. At any such time any Regulatory Agency announces their arrival at the establishment, this responsible person will immediately introduce himself to the Regulatory Agency and offer his assistance and cooperate fully with all requests. All management designated responsible persons will be a minimum twenty- one (21) years of age, possess on his person a valid California (DMV) identification, and be able to communicate effectively with such officials. 21. The public entering the business premises must enter via the main door to establishment. 22. The owner and/or onsite manager of the establishment will notify the LA County Sheriff’s Department if any of the following incidents occur within the establishment or within 100 feet of the premises: robbery, assault, firearm crimes, alcoholic related crimes, drug offenses, theft, or any minors (under 18 years of age) remaining on the premises after 10:00 p.m. without adult supervision. The premises include all parking areas utilized by this business. 23. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within twenty-four (24) hours. A 24-hour Graffiti Hotline can be called at (877) 444-6044 for assistance. 24. There shall be no outdoor music, outdoor events, or outdoor dancing. 25. The owner of the establishment shall not cause, allow, permit, or suffer any nuisance condition at the entertainment establishment, parking area, or adjacent public right-of-way. Such nuisances include, but are not limited to, disorderly conduct, disturbances of the peace, public drunkenness, consumption of alcohol in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, and possession, use, or sales of controlled substances. 26. The owner of the Establishment shall indemnify and hold the city, its officers, employees, agents, and commissioners harmless from any and all losses, claims, actions or damages suffered by any person or persons by reason of or resulting from any negligence of the permittee or its agents, employees, or patrons or on account of any act or omission of the permittee in its exercise of its entertainment permit or use of any premises in connection with such permit. In the event any suit or action is brought against the city, the permittee and all responsible persons shall, upon notice of the commencement thereof, defend the same, at no cost or expense to the city, and promptly satisfy any final judgment adverse to the city or to the city and the permittee jointly; provided, that in the event the city determines that one or more principles of governmental or public law are involved, the city retains the right to participate in such action. The above liability shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost or expense may have been, or may be alleged to have been, contributed to by the negligence of the city or its officers, employees, or agents; provided, however, that nothing contained in this section shall be construed as requiring the permittee to indemnify the city against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the city, or its officers, employees, or agents. Fiscal Impact: There is no fiscal impact. Coordinated With: City Manager's Office City Attorney ATTACHMENTS: Description Attachment A - City Council Policy Number 2020-1 City Council Special Meeting - Page 5 of 9 Policy Number: 2020-1 Date Established: March 3, 2020 Date Revised: N/A Mayor Approval: SUBJECT: SPECIAL LIVE ENTERTAINMENT PERMIT PROCESS PURPOSE: To clarify the policy on a “Grace Period” the rotation scheduled for the two (2) City Council approved tow companies. The City of Lynwood (“City”) currently regulates live entertainment activities through Chapter 25-25-7 of the City of Lynwood Municipal Code, entitled “Entertainment Establishment”. This section requires establishments to obtain a Special “Live Entertainment” Permit through the City Council for any uses involving dancing, music, or similar use. These regulations were developed in order to ensure any live entertainment did not disrupt the quality of life of our residents or surrounding business, or the character of a City’s neighborhood due to amplified music, late hours of operation, nonresidential vehicles parking within neighborhoods, etc. The application (along with the submitted site plan, floor plan, and security plan) is reviewed by staff, the LA County Fire Department, and LA County Sheriff’s Department. A report is produced with all parties’ comments and recommendations, which is presented to the City Council for review and final approval. This process can take a few weeks to complete, as staff must receive comments from outside parties (LA County Fire Department and LA County Sheriff’s Department). As a result, this delays a business’s ability to provide live entertainment, which could potentially affect a business’s growth and success. To alleviate a business’s inability to provide live entertainment prior to the City Council approval, the City Council has adopted a policy that would allow a business to continue providing live entertainment while they prepare an application for submittal to the City and wait for approval from the City Council. Essentially, an establishment would be given 45 days from the date they received a Stop Work Order Notice to submit a completed application to the City. During this 45-day period, as well as during the time it takes to process the application for City Council approval, the establishment would be allowed to provide temporarily live entertainment provided they comply with the below conditions. 1. The owner of the establishment must submit a completed Special “Live Entertainment” application to the City no later than 45 days from the date of receiving a City issued Stop Work Order Notice. This 45-day period will be known as a “Grace Period”. 2. The owner of the establishment will be allowed to continue offering live entertainment, which includes live music, DJ, and karaoke entertainment only (no dancing is permitted or allowed), during the 45-day Grace Period as an accessory entertainment use to the primary use of the Establishment. During CITY OF LYNWOOD City Council City Council Special Meeting - Page 6 of 9 Page 2 of 4 Policy 2020-1: Special Live Entertainment Process this Grace Period, only one (1) karaoke machine is allowed within the establishment. 3. Upon the submittal of a complete application, the Grace Period will be extended while the application is being processed and a final decision is made by the City Council. 4. All live entertainment is restricted to the hours of 7:00 p.m. to 10:00 p.m. Sunday through Thursday, and 7:00 p.m. to 12:00 a.m. (midnight) Friday and Saturday only. 5. This temporary approval for live entertainment is granted with the City and its City Council retaining and reserving the right and jurisdiction to review and to approve a final Special “Live Entertainment” Permit. 6. The owner of the establishment shall comply with all Federal, State, and local laws relative to the approved use including the requirements of the Regulatory Agencies during the stated Grace Period. 7. The owner and/or onsite manager of the establishment shall provide consent for and access to entire premises for inspection by the Regulatory Agencies at any time during normal business hours or while the business is operating to verify compliance with applicable regulations and these listed conditions. Any locked or otherwise secured doors shall be opened upon demand. 8. No "Adult type videos" (karaoke laser discs) will be utilized. 9. All doors must be closed when utilizing karaoke or any other music. 10. All entrances/exits must be kept free and clear at all times. 11. Queuing lines shall be managed in an orderly manner and all disruptive and intoxicated persons shall be denied entry. Any queue located on the exterior of a building shall not obstruct the entry or exit doors of adjacent businesses and residences, and shall be located in such a manner that the adjacent sidewalk has at least three feet of unobstructed clearance. All requisite city approvals and permits shall be obtained prior to placing or using any stanchions, rope, balusters, or similar barriers for queues. 12. Alcoholic consumption outside the building and the sale of alcoholic beverages for consumption off the premises is strictly prohibited. 13. The owner and/or onsite manager shall not allow a vendor without a proper City license within the facility for the purpose of selling any items (i.e. flowers, balloons, toys, etc.). 14. The owner of the establishment must employ at least one (1) uniformed security guard to be stationed in the parking lot Monday – Sunday (7:00 p.m. until one hour after close of business). 15. The owner and/or onsite manager of the establishments and/or security guard will prevent and discourage loitering inside and in the parking lot. Such loitering tends to promote violence. 16. The owner of the establishment must be in compliance with the City's Noise Ordinance restrictions at all times. 17. The owner of the establishment shall post signage in a prominent position in the premises advising patrons to exit with due regard for the peaceful enjoyment of the area by other commercial or residential users, advising patrons that loitering in the parking facility or areas adjust is strictly prohibited City Council Special Meeting - Page 7 of 9 Page 3 of 4 Policy 2020-1: Special Live Entertainment Process and advising patrons that any disruption of the area will result in an immediate notification to law enforcement by owner/onsite manager of the establishment or the security guard on duty. 18. Any accumulation of trash in or adjacent to the premises shall be removed immediately. 19. Any violation of any applicable laws and/or these operating conditions will be grounds for suspension of the Grace Period for the purpose of allowing live entertainment prior to receiving a Special “Live Entertainment” Permit. 20. In addition to any owner and/or onsite manager, a responsible person will be on duty at all times while the business is open. At any such time any Regulatory Agency announces their arrival at the establishment, this responsible person will immediately introduce himself to the Regulatory Agency and offer his assistance and cooperate fully with all requests. All management designated responsible persons will be a minimum twenty-one (21) years of age, possess on his person a valid California (DMV) identification, and be able to communicate effectively with such officials. 21. The public entering the business premises must enter via the main door to establishment. 22. The owner and/or onsite manager of the establishment will notify the LA County Sheriff’s Department if any of the following incidents occur within the establishment or within 100 feet of the premises: robbery, assault, firearm crimes, alcoholic related crimes, drug offenses, theft, or any minors (under 18 years of age) remaining on the premises after 10:00 p.m. without adult supervision. The premises include all parking areas utilized by this business. 23. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within twenty-four (24) hours. A 24-hour Graffiti Hotline can be called at (877) 444-6044 for assistance. 24. There shall be no outdoor music, outdoor events, or outdoor dancing. 25. The owner of the establishment shall not cause, allow, permit, or suffer any nuisance condition at the entertainment establishment, parking area, or adjacent public right-of-way. Such nuisances include, but are not limited to, disorderly conduct, disturbances of the peace, public drunkenness, consumption of alcohol in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, and possession, use, or sales of controlled substances. 26. The owner of the Establishment shall indemnify and hold the city, its officers, employees, agents, and commissioners harmless from any and all losses, claims, actions or damages suffered by any person or persons by reason of or resulting from any negligence of the permittee or its agents, employees, or patrons or on account of any act or omission of the permittee in its exercise of its entertainment permit or use of any premises in connection with such permit. In the event any suit or action is brought against the city, the permittee and all responsible persons shall, upon notice of the commencement thereof, defend the same, at no cost or expense to the city, and promptly satisfy any final judgment adverse to the city or to the city and the permittee jointly; provided, that in the event the city determines that one or more principles of City Council Special Meeting - Page 8 of 9 Page 4 of 4 Policy 2020-1: Special Live Entertainment Process governmental or public law are involved, the city retains the right to participate in such action. The above liability shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost or expense may have been, or may be alleged to have been, contributed to by the negligence of the city or its officers, employees, or agents; provided, however, that nothing contained in this section shall be construed as requiring the permittee to indemnify the city against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the city, or its officers, employees, or agents. City Council Special Meeting - Page 9 of 9