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Home My Public Portal About10-04-2005CCThzs Agenda contains abnef general description of each item to be considered Cop/es of the Staff reports or other wntten documentabon relating to each ~tem of business referred to on the Agenda are on file m the O~ce of the C~ty Clerk and are available for pubhc inspection A person who has a question concerning any of the agenda ~tems may call the City Manager at (310) 603-022Q, 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 ITEMS ON FILE FOR CONSIDERATION AT THE REGULAR MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON OCTOBER 4, 2005 COUNCIL CHAMBERS 330 BULLIS ROAD, LYNWOOD1 CA 90262 500PM RAMON RODRIGUEZ MAYOR CITY (~F LYNW00D MARIA T SANTILLAN MAYOR PRO-TEM FERNANDO PEDROZA COUNCILMEMBER LOUIS BYRD COUNCILMEMBER LETICIAVASQUEZ COUNCILMEMBER CITY MANAGER N ENRIQUE MARTINEZ CITY ATTORNEY J ARNOLDO BELTRAN CITY CLERK ANDREAL HOOPER CITY TREASURER IRIS PYGATT OPENING CEREMONIES CALL TO ORDER CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3 ROLL CALL OF COUNCIL MEMBERS Louis Byrd Fernando Pedroza Let~c~a Vasquez Maria T Sanhllan Ramon Rodnguez 4 PLEDGE OF ALLEGIANCE 5 INVOCATION PROCLAMATIONS/PRESENTATIONS Mayor Teacher Apple Award - Dr D~ane Ross Citizen Athlete of the Month - Ray Romo Jr Rally Behind the Resident Award - Joyce Edner · Cerbflcates Coastal Clean Up-Heal the Bay - Volunteers COUNCIL RECESS TO LYNWOOD REDEVELOPMENT AGENCY LYNWOOD INFORMATION INC LYNWOOD PUBLIC FINANCE AUTHORITY LYNWOOD UTILITY AUTHORITY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT IT IS ALL RIGHT FOR COUNCIL TO REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING (The Ralph M Brown Act, Government Code Section 54954 2 (a)) MINUTES OF PREVIOUS MEETINGS Special Meebng - September 20, 2005 Regular Meebng - September 20, 2005 PUBLIC HEARING PROPOSED ORDINANCE ESTABLISHING A "DEEMED APPROVED" STATUS FOR NON CONFORMING ALCOHOLIC BEVERAGE ESTABLISHMENTS Comments The purpose of this ,tern is for the City Council to conduct a public heanng to consider adding Chapter 25 166 to the Lynwood Mumc~pal Code relating to the status for nonconforming alcoholic beverage estabhshments Recommendation Staff recommends that the C~ty Council conduct a pubhc heanng and introduce by btle only the attached ordinance enbtled, "AN ORDINANCE OF THE CITY OF LYNWOOD ADDING CHAPTER 25 166 OF THE LYNWOOD ZONING CODE ESTABLISHING A "DEEMED APPROVED" STATUS FOR NON CONFORMING ALCOHOLIC BEVERAGE ESTABLISHMENTS" 10 11 MUNICIPAL TEXT AMENDMENT NO 2005~02 NONCONFORMING USES AND STRUCTURES Comments The purpose of th~s ~tem ~s for the City Council to conduct a pubhc hearing to consider amending Chapter 25 165 of the Lynv~ood Mumc~pal Code relating to nonconforming uses and structures Recommendabon Staff recommends that the C~ty Councd conduct the public heanng and introduce the attached ordinance enbtled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING CHAPTER 25 165 OF THE LYNWQOD MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 25 165 ESTABLISHING REGULATIONS FOR NON CONFORMING USES AND STRUCTURES" for first reading by title only PUBLIC HEARING TQ INTRODUCE PROPOSED SHOPPING CART ORDINANCE Comments The purpose of th~s agenda item ~s to have the City Councd conduct a Pubhc Hearing to introduce the proposed Shopping Cart Ordinance Recommendation Staff recommends that the C~ty Council conduct a Public Hearing and introduce by t~tle only the attached ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SECTION 3-15 OF THE LYNWOOD MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING A NEW SECTION 3-15 ESTABLISHING REGULATIONS REGARDING SHOPPING CARTS" CONSENT CALENDAR Ali matters hsted under the Consent Calendar w~ll be acted upon by one mobon affirming the acbon recommended on the agenda There w~ll be no separate d~scuss~on on these ~tems pnor to vobng unless members of the Council or staff request specific ~tems to be removed from the Consent Calendar for separate acbon 12 APPROVAL OF THE WARRANT REGISTERS Comments C~ty of Lynwood warrant registers dated October 4, 2005 for FY 2005-2006 Recommendation Staff recommends that the C~ty Councd approve the warrant registers 13 YOUTH & FAMILY POLICY 14 15 Comments Staff brought a draft Youth & Family Policy to the City Council for rewew and consideration at the regularly scheduled meebng of Tuesday, June 7, 2005 At th~s meeting Councd prowded staff w~th d~rect ~nput relabve to contents of the pohcy as well as d~rected staff to take the pohcy to the Park & Recreabon Commission ~n order to receive their Input At the Tuesday, July 26, 2005 regularly scheduled meeting of the Park & Recreabon Commission recommendabons were received and are ~ncluded in the final draft of the pohcy Recommendation Staff recommends that the City Council review and ratify the Youth & Famdy Pohcy wa the adoption of the attached resolubon enbtled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD RATIFYING THE YOUTH & FAMILY POLICY" EMERGENCY REPLACEMENT OF BOOSTER 3 AT THE WATER RESERVOIR Comments On August 25, 2005, 13ooster 3 located at the water reservoir stopped operabng due to a fadure ~n the pump assembly Its cond~bon required ~mmed~ate replacement of the ex~sbng booster assembly w~th a new one to return ~t to normal operabon Because of the nature of the emergency, So Cai Pump and Well was h~red to do the work Recommendabon Staff recommends that the City Council receive and file staff's report on the emergency replacement of Booster 3 and approve the expenditure of $15,879 75 for said work SPECIAL PERMIT REQUEST - ST PHILLIP NERI SCHOOL FALL FESTIVAL Comments St Ph~tl~p Ner~ School ~s request~n9 a permit to conduct ~ts Fall Fesbva~ on the school property Friday, October 21,2005 - Sunday, October 23, 2005 The purpose of the event ~s to help raise funds ~n order to defray a port,on of the costs associated w~th the operation of the school Reoommendabon Staff recommends that the City Council approve th~s request with the following oond~bons The proponent must meet the C~ty of Lynwood permit requirements 2 The proponent agrees to comply w~th any requirements set forth by the Sheriff Department as well as the Fire Department 3 The proponent must agree to keep the noise levels within those prescribed by the Lynwood Municipal Code 16 REQUEST FOR SPECIAL PERMIT - SUPER CENTER CONCEPTS 17 18 Comments The purpose of this item Is to have the C~ty Council consider a request from Super Center Concepts for a special permit to conduct a Pumpkin Patch m the parking lot located at 3831 Martin Luther King dr Boulevard October 5 through October 31,2005 Recommendabon Staff recommends that the City Council review this report and approve this request based upon the following conditions 1 The proponent must agree to meet the City of Lynwood permit requirements 2 The proponent agrees to comply w~th all requirements set forth by the Fire Department MEMORANDUM OF UNDERSTANDING WITH THE LYNWOOD MANAGEMENT BARGA/NfNG GROUP Comments The purpose of this ~tem ~s to have the C~ty Council approve a new Memorandum of Understanding between the City and the Lynwood Management Group Collective Bargaining has been conducted ~n good faith ~n accordance w~th the Meyer-M~has-Brown Act Recommendabon Staff recommends that the C~ty Council adopt the attached resolubon enbtled, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD MANAGEMENT BARGAINING GROUP AND SETTING FORTH ALL TERMS AND CONDITIONS AFFECTING WAGES, HOURS AND WORKING CONDITIONS" TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED POSITIONS Comments The purpose of this item is to have the C~ty Council set terms and conditions of employment for pos~bons that are recognized as confidential in Article II of the Lynwood Management Bargatnmg Group Memorandum of Understanding Recommendation Staff recommends that the C~ty Council adopt the attached resolutron enbtled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SETTING FORTH ALL TERMS AND CONDITIONS AFFECTING WAGES, HOURS AND WORKING CONDITIONS BETWEEN THE CITY OF LYNWOOD AND THE EXCLUDED POSITIONS OF THE LYNWOOD MANAGEMENT BARGAINING GROUP" 5 ASSISTANT CITY MANAGER-FINANCE EMPLOYMENT AGREEMENT 2O Comments The purpose of th~s ~tem ~s to have the C~ty Council rabfy the appointment of the Assistant C~ty Manager-F~nance and authorize the execution of the at-wdl employment agreement Recommendation Staff recommends that the C~ty Council adopt the attached resolubon enbtled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT FOR THE RETENTION OF SERVICES FOR ASSISTANT CITY MANAGER-FfNANCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT" DISCUSSION ITEMS RELOCATION OF PARKING METERS FROM NORTH LONG BEACH BOULEVARD (ZONE 2B) Comments The purpose of th~s ~tem Is for the City Councd to consider alternate Iocabons for ~nstalhng 119 parking meters that were removed from Long Beach Boulevard between Marbn Luther K~ng Jr Boulevard and Tweedy Avenue Recommendation Staff recommends that the City Council approve installation of the parbng meters on Atlanbc Avenue between Imperial Highway and the 1-105 Freeway If the C~ty Council does not concur, ~dentlfy alternate location(s) d 21 PROMOTING TOLERANCE IN THE CiTY OF LYNWOOD 22 Comments The C~ty of Lynwood is a community that has seen a great deal of change in ~ts demographics over a relatively short peood of time This fact has been a significant contributing factor to negative acbwbes associated with a lack of understanding between members of the community such as racially mobvated wolence For th~s reason there ~s a need to implement acbvlbes that foster and promote tolerance and understanding between all clbzens and business members In the commumty Recommendation Staff recommends that the City Council rewew and consider the follow~ng actlvlbes towards the development of a comprehensive plan to promote tolerance in the City of Lynwood Appointment of one or more Members of the City Council to lead the effort 2 Authorize staff to sohclt proposals for entities to provide the requisite d~verslty and tolerance tra~mn9 3 Implement a diversity training program for City employees as well as Commission and Board Members 4 Consideration is given to offenng open diversity classes on a communlty-w~de bas~s ~n the same way that we prowde other special ~nterest classes 5 Conslderatfon ~s gwen to the ~mplementatlon of an Ad Hoc Committee including other major agencies w~thm the C~ty of Lynwood such as the Lynwood Umhed School D~stnct and St Franc~s Medical Center as well as churches, the business commumty and residents to participate m the process to develop and implement a c~tywlde Tolerance Program 6 Conduct trips to the Museum of Tolerance for school age children as well as for children m C~ty Day Camp and After School Playground Programs 7 Expand the use of tools such as culturalry based coloring books for pre-school and elementary school age children as a part of the City's Recreation & Commumty Serwoes Program 8 Conbnue and expand the provision of programs focusing on culturally based ~mportant dates and events m the classroom, at recreabon program s~tes as well as when possible, on a cltyw~de basis CORRECTIVE ACTION PLAN RELATIVE TO AUDIT FINDINGS Comments The purpose of th~s item is to prowde C~ty Council w~th the Departmental Corrective Action Plan relative to the Audit Find~ngs issued in FY 2003-2004 and to request d~rect~on from City Council whether to pursue other aggressive means that would improve the City's system of internal control Staff has also included two policies for City Council's approval relative to stale-dated checks and unclaimed funds Recommendabon I) Staff recommends that the Mayor and Members of the Lynwood City Council receive and file the Departmental Corrective Action Plan 2) Staff recommends that the City Council review the attached policies for approval a) Policy on Unclaimed Fund b) Policy on Stale-dated Checks 23 24 A DISCUSSION ITEMS - CITY COUNCIL REQUESTS VENDOR KIOSKS AND CARTS AT PLAZA MEXICO 3100 IMPERIAL HIGHWAY (REQUESTED BY COUNCIL MEMBERS PEDROZA & VASQUEZ) Comments The purpose of th~s Item is for the City Councd to consider a request from Jose S~gala, a vendor requeshng that the C~ty Council amend Resolubon 2004 006 and allow serwng of food ~tems from the vendor k~osks and carts located in the Plaza Mexico shopping center at 3100 Imperial Highway Recommendation Staff recommends that the C~ty Council consider the request, accept public tesbmony, and deny amendrng Resoluhon No 2004 006 If the C~ty Councd elects to amend the resoluhon, d~rect staff accordingly CITY COUNCIL ORAL AND WRITTEN COMMUNICATION RAMON RODRIGUEZ, MAYOR MARIA T SANTILLAN, MAYOR PRO-TEM LOUIS BYRD, COUNCILMEMBER FERNANDO PEDROZA, COUNCILMEMBER LETICIA VASQUEZ, COUNCILMEMBER CLOSED SESSION CLOSED SESSION ITEMS W~th respect to every ~tem of bus,ness to be d~scussed ~n closed session pursuant to Sechon 54956 8 CONFERENCE WITH REAL PROPERTY NEGOTIATIORS Properhes See listing of properhes by Address and Assessor Parcel Numbers ~n Attachment "A" to th~s agenda City Negotiator City Council, C~ty Manager, City Attorney, Development Services Director and Umversal Field Services, Inc Negohahng See hshng of properties and property owners ("Seller" or "Seller's") ~n Attachment "A" to th~s agenda Under Negotiation Pnce and terms of payment - Seeking authonty to make offer to Seller's for acqu~slhon of property and, where appropriate, value of immovable fixtures and equipment, prows~on of appropriate relocabon benefits and compensahon for potenbal loss of goodwdl to parhes legally enhtled thereto B W~th respect to every item of business to be discussed ~n closed session pursuant to Section 54956 9 CONFERENCE WiTH LEGAL COUNSEL - ANTICIPATED LITIGATION S~gn~flcant exposure to htlgahon pursuant to subdivision (bi of Secbon 54956 9 FOUR (4) CASES 1 Cahforma Western Arbonst (CWA) 2 Lynwood Chamber of Commerce 3 On the adwce of the City Attorney, based on existing facts and circumstances, the City Councd shall dec~de whether to imtlate htlgabon in one potential case 4 Water Well 15 C With respect to every item of business to be d~scussed in closed session pursuant to Section 54956 9 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (subd~ws~on (a) of secbon 54956 9 ) 1 Name of Case Bullebn Displays v City of Lynwood Case No BC340572 2 Name of Case California Integrated Waste Management Board Compliance Orders Numbers IWMA 04-01 (LARA) and BR03~03 (City of Lynwood) D CONFERENCE WITH REAL PROPERTY NEGOTIATOR, GOVERNMENT CODE SECTION 54956 8 PROPERTY Land Swap for Lindbergh Elementary/Los Amigos Park C~ty owned parcel # 6168-12-926 and 6168-13-900, School District-owned 6168-12-905 AGENCY NEGOTIATOR City Attorney, C~ty Manager, Interim Director of Environmental Services - Paul Nguyen NEGOTIATING PARTIES Lynwood Unified School District UNDER NEGOTIATION Council to review the status of negotiations for the possible land swap of the City property for the Lindbergh Elementary School property parcel, and provide instructions to the City negotiators on the same ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON OCTOBER 18, 2005 AT 500 PM IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA CITY COUNCIL AGENDA ITEM OCTOBER 4, 2005 CLOSED SESSION CONFERENCE W~rH REAL PROPERTY NEGOT[ATOR, PURSUANT TO GOVERNMENT CODE SECTTON 54956.8. Properties: See hst~ng of properties by Address and Assessor Parcel Numbers ~n Attachment "A" to th~s agenda. City Negotiators: C~ty Council, C~ty Manager, C~ty Attorney, Development Services Director and Universal F~eld Services, Inc. Negotiating Parties: See listing of properties and property owners ("Seller" or "Seller's") ~n Attachment "A" to th~s agenda. Under Negotiations: Price and terms of payment - Seeking authority to make offer to Seller's for acquisition of property and, where appropriate, value of ~mmovable fixtures and equipment, prows~on of appropnate relocation benefits and compensation for potential loss of goodwill to part~es legally entitled thereto. APN 6189-019-060, 061 6189-019-003 6189-019-058, 059 6189-019-007, 008 6189-019-009, 010 6189-019-011 6189-019-012 6186-036-001 6186-036-029 6186-036-030 6186-036-006 6186-036-007 6186-036-008 ATTACHMENT "A" Conference with Real Property Negotiators Ham Park Replacement Project Commercial Properties City Council Meeting October 4, 2005 COMMERCIAL/MZXED USE PROPERTIES Owner Site Address Tacos Mex~cos Inc. 11800-11808 Atlantic Avenue Bhagat, Narayan & Ran]an 11812 Atlantic Avenue Christ New Testament Baptist Church of L.A Ornelas, Raul & Isabel 11836 Atlantic Avenue Trust/Ornelas Family Ornelas, Raul & Isabel Trust/Ornelas Family Patel, Nawn & Champa 12012 Atlantic Avenue Nabulsb Wahd/IVlohanned 12022 Atlantic Avenue Chin, David & 3ack~e & 12100 Atlantic Avenue Chen, Becky Bhagat, Vlnodbhal Trust 12108 Atlantic Avenue Ghagat, Vinodgha Trust 12120 Atlantic Avenue Ballard, William Trust 12130 Atlantic Avenue 3 L Flores DDS Inc. 12134 Atlantic Avenue Ballard, William & Kathenne12140 Atlantic Avenue 11820-11832 Atlantic Avenue 12000-12006 Atlantic Avenue AI-I'ACH 14 ENT "A' Page 2 6186-001-011 6186-001-007 6186-001-004, 005,006 6186-001-002 Alfaro, Froylan & 3orge Loera, 3ohn & Mary Vasquez, Leonel M~chalak, M~chael 12001 Atlanbc Avenue 12015 Atlanbc Avenue 12017-12031 Atlantic Avenue 12035 Atlanbc Avenue 6189-019-900 6189-019-056, 057* 6189-019-013 6189-019-014 6189-019-015 6189-019-016 6189-019-017 6189-019-018 6189-019-019 6189-019-020 6189-019-021 6189-019-022 6189-019-025 6189-019-027 RESI'DENTIAL/VACANT PROPERTI'ES Lynwood Redevelopment NEC Atianbc Avenue & Agency 3osephlne Street Lynwood Redevelopment NWC 3oseph~ne Street & Agency Wrg~nla Avenue Chalvln, Myron Z. Trustee 11801 Wrg~ma Avenue Chavez, Luoa 11807 Wrg~n~a Avenue Casas, _lesus & Patnoa 11815 V~rgm~a Avenue Membreno, 3ul~o & 3uana 11819 Wrg~ma Avenue Contreras, Ram~ro & bwer 11825 V~rg~n~a Avenue Tostado, Ernesto & Adrian 11833 Wrg~ma Avenue Mosqueda, Rogel~o & Maria 11837 Wrg~ma Avenue Gatlm, S~gne Con~ta Trustee 11845 V~rg~ma Avenue Cruz, Gu~llerm~na 11851 V~rgln~a Avenue Vasquez, Inez & Maria 11857 Wrg~n~a Avenue Ca3ero, Maria (Estate of) 11867 V~rg~nia Avenue Agu~ar, Gaudenoo & Amanhs 11869 Virginia Avenue A'rI'ACH M ENT "A" Page 3 6189-019-030 6189-036-028 6189-036-027 6189-036-026 6189-036-025 6189-036-024 6189-036-023 6186-001-024 Quezada, Salvador Nabulsl, Mohammed, et al ]ones, Sarah Zavala, Pedro IA Rebecca Alvarez, Teofilo lA Noemm Cullens, Charles & ]oyce Prec~ado, Roberto & Imelda Chavez, Ascenclon & Margarita 5121 Lavlnla Avenue 5124 Lavlnla Avenue 12111 Virglnma Avenue 12115 Virginia Avenue 12121 Virginia Avenue 12127 Virginia Avenue 12205 Wrglnla Avenue 12011 Atlantic Avenue AGENDA STAFF REPORT DATE TO APPROVED BY PREPARED BY September 29, 2005 Honorable Mayor & Council Members N Enrlque Marttnez, C~ty Ma,n..~ger Andrea L Hooper, C~ty Albert Esp~noza, Deputy C~ty Clerk SUBJECT Lynwood C~ty Council M~nutes Recommendation: Staffs recommends that the Councd approve the follow~ng minutes · Special Meebng, September 20, 2005 · Regular Meeting, September 20, 2005 Background: N/A Fiscal Impact. N/A Coordinated With: N/A LYNWOOD CITY COUNCIL SPECIAL MEETING SEPTEMBER 20, 2005 The City Council o£the City of' Lynwood met In a Special Meeting m the Cotmcll Chambers, 11330 Buths Road on the above date at 4 38 p m Mayor Rodrtguez presiding Councilman Byrd, Pedroza, Santtllan, Vasquez, and Rodnguez answered the roll call Also present were City Manager Martinez, City Attorney Beltran, City Clerk Hooper and Ctty Treasurer Pygatt City Clerk Hooper announced that the Agenda had been duly posted in accordance with the Brown Act CLOSED SESSION It was moved by Vice Mayor Pro-Tem Santlllan, seconded by Councllmember Pedroza, to recess to Closed Session at 4 41 p m 5 CLOSED SESSION ITEMS A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956 9 THREE (3) CASES (ONE CASE - CWA) B With respect to every item of business to be discussed in closed session pursuant to Section 54956 8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS I Propemes See listing of properties by Address and Assessor Parcel Numbers in Attachment "A" to this agenda City Negotmtor City Council, City Manager, City Attorney, Development Services Director and Universal Field Services, Inc Negotiating See listing of properties and property owners ("Seller" or "Seller's") in Attachment "A" to this agenda Under Negotiation Price and terms of payment - Seeking authority to make offer to Seller's for acquisition of property and, where appropriate, value of immovable fixtures and equipment, provision of appropriate relocation benefits and compensation for potential loss of goodwill to parties legally entitled thereto C With respect to every item of business to be discussed in closed session pursuant to Section 54957 PUBLIC EMPLOYEE APPOINTMENT Assistant City Manager - Finance Councd reconvened at 6 50 p m C~ty Attorney Beltran stated that Council met on the aforementioned matters and stated on' 5 CLOSED SESSION ITEMS A CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to ltt~gatmn pursuant to subdiwston (b) of Section 54956 9 THREE (3) CASES (ONE CASE - CWA) W~th respect to the CWA Case - Council reached consensus and provided further ~nstruct~on to staff With respect to second matter regarding exposure to htlgation - Council reached consensus and approved special instructions to Special Councd and City Manager W~th respect to the third mailer regarding exposure to htlgatlon - the Council reached consensus Counc~lmember Vasquez and Byrd were not part of consensus B CONFERENCE WITH REAL PROPERTY NEGOTIATORS 1 Properties See hstlng of properties by Address and Assessor Parcel Numbers in Attachment "A" to this agenda City Negotiator C~ty Council, C~ty Manager, City Attorney, Development Serwces Director and Umversal Field Services, lnc Negotiating See hstlng of properties and property owners ("Seller" or "Seller's") in Attachment "A' to th~s agenda Under Negotiation Price and terms &payment - Seeking authority to make offer to Seller's for acqmsitton of property and, where appropriate, value of ~mmovable fixtures and eqmpment, prowslon of appropriate relocation benefits and compensation for potential loss of goodwdl to part~es legally entitled thereto Item not addressed C PUBLIC EMPLOYEE APPOINTMENT Assistant City Manager - Finance After d~scuss~on, Council reached consensus and provided further lnstructmn to staff Councllmember Vasquez requested that m the future the Closed Session ~tems specifically state the entity or name of the exposure to ht~gation ADJOURNMENT Hawng no further d~scuss~on, it was moved by Councdman Byrd, seconded by Councilwoman Vasquez, and camed to adjourn the Specml Council Meeting at 6 50 p m Ramon Rodrtguez, Mayor Andrea L l-looper, C~ty Clerk LYNWOOD CITY COUNCIL REGULAR MEETING SEPTEMBER 20, 2005 The City Councd of the City of Lynwood met in a Regular Meeting in the Council Chambers, 11330 Bulhs Road on the above date at 6 50 p m Mayor Rodr~guez presiding Councflmembers Byrd, Pedroza, Santfllan, Vasquez, and Rodnguez answered the roll call Also present were City Manager Martlnez, City Attorney Beltran, City Clerk Hooper and City Treasurer Pygatt City Clerk Hooper announced that the Agenda had been duly posted in accordance with the Brown Act Item #6 PROCLAMATIONS/PRESENTATIONS · Capital Improvement Project Program Status Presentation By Paul Nguyen and Elias Smkaly on the status of City of Lynwood Capital Improvement Project Program The Mayor acknowledged the presence of former Assemblyman Mr Marco Antonio Flrebaugh PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Frank Calderon spoke against item # 15 - Lynwood Senior Citizen Center lrene Garcia made comments regarding #14 - quarterly contract change order report On item #22 - Amendments to the classification plan, she questioned if they qualified to hold positions On item #25, Lynwood Park Water Exemption, she mentioned that people were never informed on the issue On item #26, oversize vehicles ordinance no 1555, she commented that the Council should proceed with caution PUBLIC ORAL COMMUNICATIONS Jack Keen commented on the disbursement of park monies irene Garcla commented that the City's copier machine was costing to much to fix She also requested the Council to look into buying new bus benches with a roof covering Ramlro Castaneda invited the Council to attend Plaza Memco festivities event on Saturday, September 24, 2005 Carlos Pena, invited the Councd to attend Plaza Mexico festivities event on Saturday, October 7,8, and 9~h of October Gerardo Carrfllo has concerns about the high cost of putting a street light pole m the City of Lynwood Aide Castro requested the Council to begin their regular meeting on t~me Alex Landeros commented that a candidate mnmng for City Council was not a resident of the C~ty of Lynwood and requested the Mayor to launch an investigation Patricla Cart requested the City Attorney and Mayor to investigate Mr Landeros comments She also mentioned that parking enforcement personnel were overworked and stressed out based on workload Item #8 MINUTES OF PREVIOUS MEETINGS It was moved by Councllmember Byrd, seconded by Councdmember Vasquez, to approve the following minutes Regular Council Meeting - September 6, 2005 Special Council Meeting - September 6, 2005 ROLLCALL AYES: NOES: ABSTAIN: ABSENT COUNCILMEMBERSBYRD, SANTILLAN, VASQUEZ AND RODRIGUEZ NONE NONE PEDROZA PUBLIC HEARING Item #9 APPROPRIATION OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS ALLOCATED BY SB 823 (2005 POOCHIGIAN FUNDS) FOR FRONT LINE LAW ENFORCEMENT SERVICES It was moved by Vice-Mayor Pro Tern Santtllan, seconded by Councdmember Byrd, and carned to open the Public Hearing It was moved by Councflmember Pedroza, seconded by Councflmember Vasquez, and carried to close the pubbc hearing It was moved by Vice-Mayor Pro-Tern Santfllan, seconded by Councllmember Pedroza, to adopt the following resolution RESOLUTION NO. 2005 147 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE ALLOCATION OF FUNDS UNDER THE 2005 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS BY SB 823 (POOCHIGIAN) FOR FRONT LINE LAW ENFORCEMENT SERVICES IN LYNWOOD'. ROLLCALL' AYES NOES: ABSTAIN: ABSENT' COUNCILMEMBERS BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NONE NONE NONE CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda There will be no separate d~scusslon on these items prior to voting unless members of the Cmlncil or staff request specific items to be removed from the Consent Calendar for separate action It was moved by V~ce-Mayor Pro Tern Santdlan, seconded by Councfimember Pedroza to add a subsequent need item to the agenda as 24B ROLLCALL AYES NOES. ABSTAIN: ABSENT: COUNC1LMEMBERSBYRD, PEDROZA, SANTILLAN, VASQUEZAND RODR1GUEZ NONE NONE NONE Councflmember Pedroza pulled item #12 - STREET NAME SIGNS REPLACEMENT PROJECT CITYWIDE Mayor Rodrlguez pulled item #10 APPROVAL OF THE WARRANT REGISTERS Councflmember Vasquez, pulled items # 11- PARKS AND PUBLIC FACILITIES SECURITY SERVICES, ~tem #14 - QUARTERLY CONTRACT CHANGE ORDER REPORT, item #18 - REQUEST FOR PROPOSAL - UPDATE LYNWOOD HOUSING ELEMENT, ~tem #22 - AMENDMENT TO THE CLASSIFICATION PLAN, MANAGEMENT AND GENERAL EMPLOYEES SALARY SCHEDULE AND AUTHORIZING THE RECLASSIFICATION OF IDENTIFIED INCUMBENTS It was moved by Councllmember Byrd, seconded by Councfimember Pedroza, to adopt the following Resoluttons, receive and file the Treasurer's Report, and special permits with conditions Item #13 AWARD OF CONTRACT SIDEWALK AND CURB RAMP IMPROVEMENTS AROUND ELEMENTARY SCHOOLS, PROJECT NO 05-5271 RESOLUTION NO 2005.148 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO DAMON CONSTRUCTION CO., IN THE AMOUNT OF $247,240 FOR THE SIDEWALK AND CURB RAMPS AROUND ELEMENTARY SCHOOLS PROJECT, PROJECT NO. 05-5271, (FEDERAL PROJECT NO 07-LYN-STPLH-5250 (012) AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AGREEMENT". Item #15. LYNWOOD SENIOR CITIZEN CENTER - PROJECT NUMBER 05-5297 RESOLUTION NO. 2005.149 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO AAE INCORPORATED FOR ITS INSPECTION SERVICES FOR LYNWOOD SENIOR CITIZEN CENTER AT ITS PROPOSED HOURLY RATE NOT TO EXCEED $30,000 IN TOTAL AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT". Item #16 APPROVAL OF PARCEL MAP NO 61470 RESOLUTION NO. 2005.150 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING PARCEL MAP NO 61470 AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE DEVELOPER RELATED TO OFF-SITE IMPROVEMENTS REQUIRED BY SAID PARCEL MAP" Item #17. AWARD OF CONTRACT AND FUND APPROPRIATION SPORT FIELD LIGHTING UPGRADE PROJECT LYNWOOD CITY PARK, PROJECT NO 05-5310 RESOLUTION NO 2005 151 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING THE CONTRACT FOR THE LYNWOOD CITY PARK SPORT FIELDS LIGHTING UPGRADE PROJECT, PROJECT NO. 5-5310, TO PCN 3 INC, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AGREEMENT, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE THE NECESSARY FUND APPROPRIATION AND TRANSFER". Item #19 TREASURER'S QUARTERLY INVESTMENT REPORT Item #20. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES FOR HOUSING ADMINISTRATION AND SERVICES RESOLUTION NO 2005.152 ENTITLED- "A RESOLUTION OF THE CITY OF LYNWOOD AWARDING A PROFESSIONAL SERVICES AGREEMENT TO COMPREHENSIVE HOUSING SERVICES (CHS), IN AN AMOUNT NOT TO EXCEED $20,000, TO PROVIDE ASSISTANCE TO THE CITY'S AFFORDABLE HOUSING PROGRAMS, AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT". Item #21. EXEMPTING SPECIFIC CLASSIFICATIONS FROM THE PERSONNEL SYSTEM RESOLUTION NO. 2005.153 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO EXEMPT THE FOLLOW CLASSIFICATIONS- ASSISTANT CITY MANAGER/FINANCE, DIRECTOR OF HUMAN RESOURCES, DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER, DIRECTOR OF REDEVELOPMENT AND MARKETING AND GRANTS MANAGER FROM THE PERSONNEL SYSTEM". Item #23. SPECIAL PERMIT - ST EMYDIUS PARISH FESTIVAL City Council approve Meet the City of Lynwood permit requirements 2 Comply with requirements set forth by the Sheriff Department as well as the Fire Department, and 3 Agree to keep the noise levels within those prescribed by the Lynwood Mumclpal Code Item #24 SPECIAL PERMIT - PARKING LOT GRAND OPENING EVENT 3840 MARTIN LUTHER KING JR BOULEVARD WASHINGTON MUTUAL BANK Approve subject to Fire Department approval and written approval by the property owner SUBSEQUENT NEED ITEM Item #24 B APPLICATION FOR SPECIAL PERMIT Special Permit Submitted by Manuel Simental for Musical Event at 3100 East Imperial Highway, On October 7, 8, 9, 2005 ROLLCALL AYES. NOES' ABSTAIN: ABSENT COUNCILMEMBERSBYRD, PEDROZA, SANTILLAN, VASQUEZAND RODRIGUEZ NONE NONE NONE Item #10. APPROVAL OF THE WARRANT REGISTERS Mayor Rodrlguez pulled this item for questions regarding Warrants A~er d~scusslon, it was moved by Vice Mayor Pro-Tern Santillan, seconded by Mayor Rodrlguez, to approve Resolution RESOLUTION NO 2005.154 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE". Item #11 PARKS AND PUBLIC FACILITIES SECUR1TY SERVICES Councllmember Vasquez pulled this item for information After discussion, it was moved by Councdmember Vasquez, seconded by Councllmember Pedroza, to extended security hours from 6 00 a m to 11 00 p m, Monday through Sunday, and authorized staff to solicit proposals from qualified firms for the provision of parks and public facilities security services Item #12 STREET NAME SlGNS REPLACEMENT PROJECT CITYWIDE Councdmember Vasquez pulled this item to review street signs It was moved by Vice Mayor Pro-Tem Santdlan, seconded by Mayor Rodnguez, to approve the Resolution RESOLUTION NO 2005 155 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE STREET NAME SIGNS REPLACEMENT CITYWIDE PROJECT, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE THE NECESSARY FUND APPROPRIATION AND TRANSFER AND AUTHORIZING THE PURCHASE OF MATERIALS, SUPPLIES AND SERVICES THROUGH AN INFORMAL BIDDING PROCESS". Item #14. QUARTERLY CONTRACT CHANGE ORDER REPORT Councflmember Vasquez pulled this item for discussion Councflmember Vasquez requested Department Heads and City Manager to monitor change orders After discussion, it was moved by Vice Mayor Pro-Tem Santfllan, seconded by Mayor Rodnguez, that the City Council receive and file staWs quarterly contract change order report for the period of May 1, 2005 through July 31, 2005 Item #18. REQUEST FOR PROPOSAL - UPDATE LYNWOOD HOUSING ELEMENT After discussion, it was moved by Vice Mayor Pro-Tem Santfllan, seconded by Mayor Rodnguez, that the City Council approve the attached RFP, direct staffto advertise, and bring back the results of the RFP with the recommended consultant to update the Lynwood Housing Element Item #22. AMENDMENT TO THE CLASSIFICATION PLAN, MANAGEMENT AND GENERAL EMPLOYEES SALARY SCHEDULE AND AUTHORIZING THE RECLASSIFICATION OF IDENTIFIED INCUMBENTS Counclhnember Vasquez pulled this item for information After discussion, it was moved by Councdmember Vasquez, seconded by V~ce-Mayor Santdlan, to reconsider labor position during m~d year budget It was moved by Vine Mayor Pro-Tem Santdlan, seconded by Mayor Rodrlguez, to approve the following RESOLUTION NO 2005.156 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE CLASSIFICATION PLAN, MANAGEMENT AND GENERAL EMPLOYEES SALARY SCHEDULES AND AUTHORIZING THE RECLASSIFICATION OF IDENTIFIED INCUMBENTS". Mayor Rodnguez requested Roll Call on Items 10-11-12-14-18 &22. ROLLCALL: AYES NOES: ABSTAIN: ABSENT: COUNCILM EMBERS BYRD, PEDROZA, SANTILLAN, VASQUEZ, RODRIGUEZ NONE NONE NONE DISCUSSION ITEMS Item//25 LYNWOOD PARK WATER EXEMPTION Mayor Rodnguez excused himself from the discussion and vote of this item Vice-Mayor Pro Tern conducted the meeting After d~scusslon, it was moved by Councllmember Pedroza, seconded by Byrd, to incorporate optmn 3 & 4 Effective October 1, 2005 to December 31, 2005 RESOLUTION NO. 2005.157 ENTITLED: "A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF LYNWOOD EXTENDING A TEMPORARY EXEMPTION FOR PARK WATER CUSTOMERS FROM TRHE WATER USERS TAXD IMPOSED UNDER SUBSECTION 6-8.9 OF SECTION 6-5 OF THE LYNWOOD MUNICIPAL CODE" ROLLCALL AYES: NOES. ABSTAIN: ABSENT: COUNCILMEMBERSBYRD, PEDROZA, SANTILLAN, VASQUEZ NONE NONE RODRIGUEZ Item//26 DISCUSSION REGARDING OVERSIZE VEHICLES - ORDINANCE NO 1555 After d~scusslon, ~t was moved by Councdmember Pedroza, seconded by Counmlmember Vasquez, to leave current ordinance m tact, and draft second ordinance relating to RV's ROLLCALL: AYES NOES' ABSTAIN ABSENT COUNCILMEMBERSPEDROZA, SANTILLAN, VASQUEZANDRODRIGUEZ BYRD NONE NONE Item #27 LEGISLATIVE ADVOCACY SERVICES It was moved by Councllmember Vasquez, to retain Legislative Advocacy Group for State Level and Alcalde & Fay for the Federal Level Died for a lack of a second ROLLCALL AYES: NOES: ABSTAIN ABSENT: COUNCILMEMBERSBYRD, PEDROZA, SANTILLAN, VASQUEZAND RODRIGUEZ NONE NONE NONE CLOSED SESSION It was moved by Vice Mayor Pro-Tern Santlllan, seconded by Councllmember Pedroza, and carried to recess to Closed Session at 4 41 p m 5 CLOSED SESSION ITEMS A CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Significant exposure to htlgation pursuant to subdivision (b) of Section 54956 9 THREE (3) CASES (ONE CASE- CWA) B With respect to every item of business to be discussed in closed session pursuant to Section 54956 8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS 1 Properties See listing of properties by Address and Assessor Parcel Numbers in Attachment "A" to this agenda City Negotiator City Council, City Manager, City Attorney, Development Services Director and Universal Field Services, lnc Negotiating See hstlng of properties and property owners ("Seller" or "Seller's") in Attachment "A" to this agenda Under Negotiation Price and terms of payment - Seeking authority to make offer to Seller's for acquisition of property and, where appropriate, value of immovable fixtures and equipment, provision of appropriate relocation benefits and compensation for potential loss ofgoodwdl to patties legally entitled thereto C With respect to every item of business to be discussed In closed session pursuant to Section 54957 PUBLIC EMPLOYEE APPOINTMENT Assistant City Manager - Finance Council reconvened at 6:50 p m City Attorney Beltran stated that Council met on the aforementioned matters and stated on. 5 CLOSED SESSION ITEMS A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION S~gmficant exposure to lmgat~on pursuant to subd~ws~on (b) of Section 54956 9 THREE (3) CASES (ONE CASE - CWA) With respect to the CWA Case - Council reached consensus and provided further mstructlon to staff With respect to second matter regarding exposure to litigation - Councd reached consensus and approved spemal mstructlons to Special Council and City Manager W~th respect to the third matter regardmg exposure to litigation the Council reached consensus, Councllmember Vasquez and Byrd were not part of consensus B CONFERENCE WITH REAL PROPERTY NEGOTIATORS I Properties See listing ofpropertms by Address and Assessor Parcel Numbers in Attachment "A" to this agenda C~ty Negotiator C~ty Council, City Manager, City Attorney, Development Services Director and Umversal F~eld Services, lnc Negotiating See hstmg of propemes and property owners ("Seller" or "Seller's") in Ai~achment "A' to this agenda Under Negotiation Prme and terms of payment - Seeking authority to make offer to Seller's for acqmsit~on of property and, where appropriate, value of ~mmovable fixtures and equipment, prows~on of appropriate relocation benefits and compensation for potennal loss ofgoodwdl to parties legally entitled thereto Item not addressed C PUBLIC EMPLOYEE APPOINTMENT Assistant City Manager - Finance After discuss~on, Council reached consensus and prowded further instruction to staff ADJOURNMENT Having no further discussion, it was moved by Counmlmember Pedroza, seconded by Mayor Pro Tern Santdlan, and carried to adJourn the Regular Council Meeting at 10 35 p m, in memory of Sarah Byrd Ramon Rodnguez, Mayor Andrea L Hooper, City Clerk AGENDA STAFF REPORT DATE TO APPROVED BY. PREPARED BY SUBJECT October 4, 2005 Honorable Mayor & City Council Members N Ennque Martmez, C~ty Manager BeltrAn & Medina Jennifer A MIzrahh Esq Proposed ordinance estabhsh~ng a "Deemed Approved" status for nonconforming alcohohc beverage estabhshments Recommendation: Staff recommends that the C~ty Councd conduct a pubhc heanng and ~ntroduce by btle only the attached ordinance btled AN ORDINANCE OF THE CITY OF LYNWOOD ADDING CHAPTER 25.166 OF THE LYNWOOD ZONING CODE ESTABLISHING A "DEEMED APPROVED" STATUS FOR NONCONFORMING ALCOHOLIC BEVERAGE ESTABLISHMENTS BackRround: Lynwood Mumc~pal Code Secbon 25 25 060 regulates alcohol serving estabhshments A Cond~honal Use Permit ~s required for any new estabhshment, change of hcense class~flcabon (from the Alcohohc Beverage Control Board), or change ~n operabons However, there are estabhshments ~n the C~ty that do not have Cond~bonal Use Permits because a cond~bonal use permit was not required at the bme of their opemng for bus~ness These estabhshments are called "legal non-conforming," indicating that they were legal at the brae they opened for bus~ness, but nonconforming w~th the current Lynwood Mumc~pal Code In order to address the negabve ~mpacts that legal nonconforming estabhshments have on the residents of the C~ty of Lynwood, the proposed ordinance encourages these estabhshments to comply w~th general health, safety, and welfare performance standards and encourages them to be "good neighbors" Discussion & Analysis: The Alcoholic Beverage Control Board The State of California, Department of Alcohohc Beverage Control (ABC) regulates alcohol hcenses Whde the State Consbtubon also recogmzes the pohce powers of c~hes to "make and enforce w~th~n ~ts hm~ts all local, pohce, sanitary and other ordinances and regulabons" This Consbtuhonal prows~on also specifically provides that c~ty ordinances and regulabons cannot "conflict w~th general laws" of the State Local legislation regarding matters of statew~de concern that duphcate State law, contradmt State law or attempt to regulate those matters where the State has ~ndicated ~ts intent to be the sole regulator m the field are considered ~n confhct w~th State law, are deemed preempted by State law, and are void However, c~ty ordinances that are not focused d~rectly upon regulating alcohol sales, but rather are pnmanly concerned w~th local land use and zomng ~ssues or the prevention or abatement of nuisances or law enforcement problems, have been found to consbtute proper and lawful exercises of a c~ty's pohce powers The Purpose of the Proposed Ordinance The purpose of the proposed ordinance ~s to "deem approved" estabhshments which do not conduct bus~ness under a conditional use permit. The ordinance sets forth regulabons and enforcement procedures that 1 Address commumty challenges associated w~th the sales and/or consumpbon of alcohohc beverages, such as htter, no~se, dlegal acbv~ty and Ioltenng 2 Prowde opportumbes for alcohohc beverage retad sales to be conducted ~n a mutually beneficial relationship to each other and to other commercial and c~wc services 3 Prevent act~wbes contrary to "Deemed Approved Acbwt~es" from becoming pubhc nuisances 4 Ensure that adverse ~mpacts from legal nonconforming alcohol establishments are momtored, m~bgated and/or controlled ~o that they do not negabvely contnbute to the change ~n character of the areas ~n which they are located 5 To momtor "Deemed Approved Act~v~bes" Highlights of the Ordinance The proposed ordinance estabhshes regulahons apphcable to certain establishments ~n the C~ty selhng alcohohc beverages Such estabhshments are legal non-conformtng, or exempt from certain zoning prowslons contained m the Zoning Code because such estabhshments were engaged ~n such bus~ness before the adoption of such prows~ons The proposed "Deemed Approved Act~wt~es" are ~ntended to preserve the pubhc health, safety, and welfare by d~scouragmg the creabon of nuisances These legal nonconforming alcohol establishments would automabcally be "deemed-approved" estabhshments In order to maintain the Deemed Approved status, the ordinance demands that the estabhshment comply w~th performance standards ulbmately resulbng in a decrease ~n nuisance acbv~bes The performance standards are hsted ~n secbon 25 166 060 of the proposed ordinance In a nutshell the estabhshments shall 1) not adversely affect the health safety and welfare of the residents, 2) not contribute to acbwbes resulting ~n nuisance acbwbes, (drug acbwbes, loitering, httenng etc ), and 3) comply with state and local law If the estabhshment does not comply with the standards, or if problems continue, the C~ty wdl prowde the estabhshment operator w~th a nobce and heanng regarding ~ts "Deemed Approved" status Compliance/Enforcement The D~rector of Development Services or h~s/her designee has the authority to work w~th the Operator of the Deemed Approved Acbwty to resolve any m~nor v~olabons However, ~f the D~rector determines that prohibited acbvlbes of other than a m~nor nature ex~st or were allowed to occur, then the Adm~mstrator shall refer the Deemed Approved Acbwty to the Planmng Commission W~thm 60 days of the referral, the Planning Commission shall conduct a public heanng on the matter Pubhc Hearing The purpose of the pubhc heanng ~s for the Planning Commission to hear and receive evidence concermng the operabng methods of the Deemed Approved Acbwty The Planning Commission shall conduct the heanng and shall find whether the Deemed Approved Activity ~s ~n comphance w~th the Deemed Approved Performance Standards Upon termmabon of the heanng, the Planmng Commission may uphold the Deemed Approved status, revoke the status, or ~mply cond~bons of approval to impose conformity with the ordinance The apphcant would be able to appeal the dec,sion to the C~ty Council or ~ts designated heanng officer However, ~fthe estabhshment ~s found to be a nuisance pursuant to Secbon 3-13 of the Lynwood Mumc~pal Code, and ~s not abated by the owner, then ~t shall be abated by the C~ty If the nuisance ~s abated by the C~ty, the costs incurred by the C~ty w~ll be reimbursed to the C~ty, by the Operator of the estabhshment, and ~f necessary, w~ll become a hen against the property unbl pa~d Fiscal Impact: None Coordinated With: Development Services, Code Enforcement, Business L~censes, also rewewed by the C~ty Prosecutor ORDINANCE NO. AN ORDINANCE OF THE CITY OF LYNWOOD ADDING CHAPTER 25.166 OF THE LYNWOOD ZONING CODE ESTABLISHING A DEEMED APPROVED STATUS FOR NONCONFOB2~[1NG ALCOHOLIC BEVERAGE ESTABLISHMENTS WHEREAS there are legal nonconforming alcohohc establishments ~n the C~ty of Lynwood, WHEREAS thc purpose of this Chapter ~s to "deem approved" the estabhsIunent's which are not subject to a conditional use permit for alcohol sales, and ~ WHEREAS th~s Chapter wall estabhsh performance standards for legal nonconforming alcohol retad sales estabhshments, WHEREAS these performance standards would prevent such establishments from being or becoming a pubhc nmsance NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: That a new Chapter 166 t~tled "Deemed Approved Alcoholic Beverage Retail Sales" is added to Title 25 of the Lynwood Zoning Code to read as follows: Sections 25 166 010 25 166 020 25 166 030 25 166 040 25 166 050 25 166 060 25 166 070 25 166 080 25 166 090 25 166 100 25 166 110 25 166 120 25 166 130 Title Purposes of thru Ordinance Dcfimt~ons Apphcabd~ty Deemed Approved Compliance Performance Standards · Notification to Operators Performance Standards Comphance Procedures for Referral to the Planning Comm~sslon, Public Hearing Hearing Procedures Fee Schedule Declaration of Nmsance Procedures 25 166 010 Title This Chapter shall be known as the "Deemed Approved Alcoholic Beverage Retail Sale Ordinance" 25 166 020 Purposes ofthls Ordinance The City recognizes that the health, safety, and general welfare of persons v~s~ting, residing, working or conducting bus~ness ~n the C~ty may be adversely impacted by Alcohohc Beverage Retml Sales establishments which are nonconforming because they do not have a conditional use permit for alcohol sales The purpose ofth~s Chapter ~s to set forth regulations and enforcement procedures that A Address commumty challenges associated with the sales and/or consumption of alcoholic beverages, such as litter, noise, illegal activity and loitering B Provide opportumt~es for Alcohohc Beverage Retail Sales to be conducted m a mutually beneficial relationship to each other and to other commercml and c~vlc services C Prevent such prohibited actlwtles and act~wtles contrary to Deemed Approved Activities from becoming pubhc nuisances D Ensure such adverse ~mpacts from legal nonconforming alcohol establishments are monitored, m~tlgated and/or controlled such that they do not negatively contribute to the change ~n character of the areas ~n whmh they are located E To monitor that Deemed Approved Activities do not substantially change In mode or character of operation 25 166 030 Defimtlons "Admlmstrator" shall mean the Director of Development Services and/or his/her designee "Alcoholic Beverage" shall mean alcohohc, spirits, liquor, wine, beer and every hqmd or solid containing alcohol, spirits, wine or beer, which contmns one-half of one percent or more of alcohol by volume and which is prepared for consumption either alone or when diluted, m~xed or combined with others substances, and sales of which reqmre a State Department of Alcoholic Beverages Control license "Alcoholic Beverage Retail Sales" shall mean the retml sale of alcoholic beverages for either off-premises or on-premises consumption, excluding Bone Fide Restaurants "Business Day" shall mean a day that Lynwood City Hall is open to conduct public business "Conditions of Approval" shall be the requirements that must be met in order for a Deemed Approved Activity to retain its Deemed Approved Status "Deemed Approved Actlvlty" shall mean any alcohol sales that have not been subjected to an alcohol conditional use permit ~'Deemed Approved Status" shall mean a Deemed Approved Activity that is in full comphance with the performance standards set forth in section 25 166 060 and any imposed Conditions of ApprovaI "Illegal Activity" shall mean an activity that has been determined to not be in compliance with the Deemed Approved performance standards set forth in section 25 166 060 "Operator" shall mean the person, as either an individual or other entity, who is the proprietor of thc establishment, whether m a capacity of owner, licensee, lessee, sublessee, mortgagee in possession, licensee or any other capacity Where the Operator performs h~s or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an Operator for the purposes of thru chapter and shall have the same duties and liabilities as his or her pnnmpal Comphance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered compliance by both. "Performance Standards" shall mean the requirements prescribed herein to ensure the Deemed Approved Actlwty is in conformity w~th the purpose of this Chapter "Premises" shall mcan the actual space within a building or any area, either directly or indirectly supporting alcohohc beverage sales "Sheriff's Department" shall mean the Los Angeles County Sheriff's Department, or any other successor law enforcement agency 25 166 40 A B Applicability The provisions of this chapter shall apply to legal nonconforming Alcoholic Beverage Sale Activities within the City of Lynwood The nonconforming use provisions set forth in Chapter 25-165, shall apply to the, Deemed Approved Alcoholic Beverage Sale regulations 25 166 050 Deemed Approved Comphance All nonconforming Alcoholic Beverage Retail Sales Activities shall automatically become Deemed Approved Actlvmes as of the effectlve date of this ordinance Each such Deemed Approved Activity shall retain its Deemed Approved Status, as long as ~t complies with each of the performance standards set forth m Section 25 166 060 25 166 060 Performance Standards Except as otherwise provided by Cahfomla Business and Professions Code Section 25600 et seq relating to alcoholic beverages in general, Deemed Approved Act~vlties must comply with all of the following Performance Standards A It shall not result m adverse affects to the health, welfare, peace or safety of persons visiting, residing, working or conducting business in the surrounding area, and B It shall not jeopardize or endanger the public health, welfare or safety of persons' visiting, residing, working or conducting business m the surrounding area, and C D It shall not adversely affect the development of abutting properties and the surrounding neighborhood as a result of Inadequate maintenance, prohibited ; activities, and/or operating charactenstms, and , it shall not result m nuisance activities, including but not limited disturbance of I the peace, illegal drug activities, pubhc drunkenness, public consumption of alcoholic beverages, harassment of passers-by, prostitution, sale of stolen goods,' public urination, theft, battery, vandalism, littering, loitering, graffiti, illegal parking, loud noises (especially in the late night or early morning hours,) traffic ', violations, curfew v~olations, lewd conduct, or Sheriff detentions and arrests, and E It shall not result in molatlons to any apphcable provision of any other city, statel or federal regulation, ordinance or statute 25 166 70 Notification to Operators A W~thm ninety (90) calendar days after the effective date ofth~s ordinance, the D~rector of Development Services or his/her designee, shall send each Deemed Approved Activity business Operator, and legal owner of the property tf different, than the Operator, notice of its Deemed Approved Status and the requirements of this section The notice shall be sent by first-class mall to the Operator arid the legal property owner, if d~fferent from the Operator, return recetpt requested and shall ~nclude thc reqmrcments set forth m th~s section specifically 1 A copy of the performance standards of Section 25 166 060, 2 A statement requiring compliance ~vlth the performance standards, A statement lnfonmng the business Operator that if the activity loses Its Deemed Approved status and is declared a nuisance that is abated by the City, cost recovery fees associated ~vJth enforcement may be levied, and 4 A statement informing the business Operator that the performance standards must be posted for pubhc review ~n a conspicuous and unobstructed place, visible from the entrance of the establishment B Should the notJce be returned, then the notice shall be sent via regular United States Mml to the Operator 25 166 080 Performance Standards Compliance This Section is not intended to restrict the powers and duties otherwise pertaining to other City officers or government bodies, in the field of momtonng and ensuring the harmonyl of Alcoholic Beverage Retail Sales in the City A The Adlnlmstrator has the authority to work with the Operator of the Deemed Approved Activity to resolve any minor violations B If the Adm~mstrator determines that prohibited activities of other than a minor nature exist or xvere allowed to occur, then the Administrator shall refer the Deemed Approved Activity to the Planning Commission m accordance with Section 25 166 090 25 166 090 Procedures for Referral to the Planning Commission, Public Hearing A Referral The Administrator's referral shall be scheduled for a public hearing before the Plarmmg Commission within sixty (60) calendar days of the referral, unless both the Admtmstrator and the Operator of the Deemed Approved Activity consent to a later date B Purpose The purpose of the public hearing is for the Planning Commission to hear and receive evidence concerning the operating methods of the Deemed Approved Activity C Notification Notice of the hearing shall be g~ven to all property owners within a three-hundred foot (300) radms of subject property The Operator, if different from the property owner of the Deemed Approved Activity, shall be notified of the public hearing v~a first class mall, return receipt requested D The Planning Commission shall hear ali relevant testimony and consider ail relevant evidence, and shall find whether the Deemed Approved Activity is in comphance with the Deemed Approved Performance Standards set forth in Section 25 166 060 and any other applicable criteria 1 Subsequent to the presentation of relevant testimony and evidence, the Planning Commission may, (a) Uphold the Deemed Approved Status, (b) Impose, add or modify such reasonable Conditions of Approval as are in the judgment of the Planmng Commission necessary to ensure conformity to said criteria, (c) Determine that the Deemed Approved Activity is an Illegal Activity as defined here~n Such findings shall result m the Deemed Approved Activity losing ~ts Deemed Approved Status Revocation of the Deemed Approved Status shall cause the Plmmlng Commission to order immediate and permanent discontinuance of Alcoholic Beverage Sales as of the effective date of the decision This order shall be stayed if an appeal is filed pursuant to the Lynwood Municipal Code (d) (e) Any new or modified conditions of approval required by the Planning Commlss~on shall be made a part of the Deemed Approved Status, and the Deemed Approved Activity shall be required to comply with these Conditions of Approval Any performance standards and Conditions of Approval must b~ conspicuously displayed m the Premises in an area viewed by the public 25 166 100 Right of Appeal to City Council or Its Designated Hearing Officer A Thc decision of the Planning Commission may be appealed to the City Council or its designated hearing officer m accordance with the Lynwood Municipal Code B After the expiration of the appeal period to the City Council, the decision of 1 the Planning Commission shall be final and conclusive unless an appeal was timely filed in accordance with the provisions of the Lynwood Municipal Code C In considering the appeal, the C~ty Council, or its designated heanng officer, shall determine whether the established use conforms to the applicable Deemcd Approved Performance Standards and/or Conditions of Approval D On appeal, the City Council, or its designated hearing officer, shall conduct the heanng and may uphold, reverse, or amend any declsmn of the Planning Commission The decision of the City Council, or its designated hearing officeI, shall be final and conclusive Notice of the City Council, or its designated heanng officer's, decision shall be mmled by the City Clerk to thg property owner and Operator, if different from the owner, or other appellant within ten (10) Business Days of the decision personally, or by certified United States mall, return receipt requested The decision shai1 mciude notl ficatlon of Section 1094 6 of the Cah forma Code of Civil Procedure Should the certified mailed notice be returned to the City for any reason, the City shall cause a copy of the same to be mailed to the property owner shown on the last equalized assessment roll by regular first-class mall with postage fully paid 25 166 110 Fee Schedule Fees for rcvie~v, notification, appeal and re-inspection of Deemed Approved Activities shall be in accordance with the City's general fee schedule as may be amended by Resolution of thc City Council 25 166 120 Declaration of Nmsance lfany nonconforming alcoholic beverage establishment ~s found to be a nuisance pursuant to Section 3-13 of the Lynwood Municipal Code, and ~s not abated by the owner, then it shall be abated by the City If the nmsance is abated by the City, the costs ~ncurred by the C~ty will be reimbursed to the City, and ~fnecessary, will become a lienI~ against the property until paid ~ 25 166 130 Procedures The C~ty Council reserves there right to adopt by resolution additional rules and ~ regulations whmh shall become effect~¥e ~mmedmtely upon adoption, governing the ~mplementat~on of the spemfic procedures of this chapter SECTION 2 If any section, subsection, sentence, clause, phrase, or pomon of this ordinance is for any reason held to be lnvahd or unconstltut~onal by the demslon of an'y court of competent 3ur~sdmtmn, such demsmn shall not affect the vahdlty of the remaining sections, subsections, sentences, clauses, phrase, or portions of this Ordlnanc[ Thc City Council hereby declares that it would have adopted th~s ordinance and each section, subsection, sentence, clause, plxrase, or pomon thereof, m'espect~ve of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional SECTION 3 This ordinance shall take effect thirty (30) days after its final passage by the City Council ' SECTION 4 Thc City Clerk o£the City ofLynwood ~s hereby d~rected to certify to the passage and adoption of this Ordinance and to cause ~t to be pubhshed or posted as ' required by law First rcad at a regular meetmg of the City Councd held on the day of _, 2005 and adopted and ordered pubhshed at a regular meeting of smd Councd held on the day of ,2005 ATTEST Ramon Rodnguez, Mayor C~ty of Lynwood Andrea L }looper, C~ty Clerk APPROVED AS TO FORM J Amoldo Beltr~lr, City Attorney AGENDA STAFF REPORT DATE TO APPROVED BY PREPARED BY SUBJECT October 4, 2005 Honorable Mayor & C~ty Councd Members N Ennque Marhnez, C~ty Manager Beltr~n & Medina Jenmfer A M~zrahh Esq ~ Proposed ordinance repeahng Chapter 25 165 of the Lynwood Municipal Code, and adopbng a new Chapter 25 165 estabhsh~ng regulabons for nonconforming uses and structures , Recommendation: Staff recommends that the C~ty Councd conduct a pubhc hearing and ~ntroduce ~ by t~tle only the attached ordinance btled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING CHAPTER 25 165 OF THE LYNWOOD MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 25.165 ESTABLISHING REGULATIONS FOR NONCONFORMING USES AND STRUCTURES Backqround: Lynwood Mumc~pal Code Section 25 165 regulates nonconforming uses and structures The amendment clarifies the d~fferences between nonconforming uses, nonconforming s~gns, and nonconforming structures The ordinance also prowdes for hearing procedures for the extension of these nonconform~bes. Certain structures or uses are "legal nonconforming" ~n the C~ty of Lynwood This means that the uses or structures were lawful before the requirements of certain zomng entitlements (such as a cond~bonal use permit or variance), but, w~th subsequent changes to the Lynwood Mumc~pal Code, no longer comply In order to address the negatwe ~mpacts that legal nonconforming structures or uses have on the residents of the C~ty of Lynwood, the proposed ordinance would encourage comphance w~th the Lynwood Mumc~pal Code and estabhsh abatement per~ods for legal nonconforming uses and structures Discussion & Analysis: Purpose of the Ordinance The ~ntent of the ordinance ~s to permit legal nonconforming uses and structures to continue untd they are removed or are required to be terminated or abated by~ the Lynwood Mumc~pal Code, but not to encourage their survival Such uses and structures are declared to be ~ncompabble w~th permitted uses, structures and standards m the zones ~nvolved It ~s ~ntended that they shall not be enlarged, expanded, or extended, nor shall they be used as grounds for additions to structures or uses prohibited elsewhere In the same zone, except as may be expressly permitted H~ghlights of Ordinance The regulabons of the ordinance wdl apply to all exlshng and future nonconforming uses and structures Nonconformmq Uses Nonconforming uses may be continued through the abatement per~od as long as they are not changed, altered or enlarged There are few excepbons, such as , making minor repairs and roubne maintenance to a structure that houses a nonconforming use Nonconforming uses shall be abated and such use shall be terminated w~th~n 10 years from the date ~t became nonconforming Th~s abatement penod may be extended by the Planmng Commission for up to one year Nonconformlnq Structures Any nonconforming structure may be continued and maintained through the specific t~me per,ods provided there are no alterabons of the structure, whatsoever, except for a few excepbons, such as mabng hm~ted repairs to and ma~nta~mng the structure Nonconforming structures shall be abated and such structures shall be ehm~nated upon the exp~rabon of the bme penod ~nd~cated Th~s penod of bme shall be deemed to commence on the date that such use first became nonconforming by reason of the apphcabon of the zomng regulabons ofI the C~ty The abatement schedule ~s as follows 1 Structures located ~n any of the "R" zones, except as here~n provided,, shall be completely removed or altered to structurally conform to the Lynwood Municipal Code w~th~n forty (40) years 2 Structures located ~n any of the "C" zones, except as here~n provided, shall be completely removed or altered to structurally conform to the Lynwood Mumc~pal Code within thirty (30) years Structures located ~n the "M" zones, except as here~n prowded, shall be completely removed or altered to structurally conform to the Lynwood Municipal Code w~th~n forty-five (45) years The Planmng Commission may extend the abatement penod for up to one year Nonconformtn.q St.qns A s~gn may be permitted to conbnue through the abatement penod, and cannot be altered, enlarged, removed, or moved Again, hm~ted repairs and routine maintenance may be done Nonconforming s~gns shall be abated and shall be ehmlnated upon the exp~rahon of the period of bme indicated Th~s penod of brae shall be deemed to commence on the date that such use first became nonconforming by reason of the apphcabon of the zoning regulations of th~s C~ty'~ The abatement schedule ~s as follows 1 S~gns located ~n any of the "R" zones, except as here~n prowded, shall be; completely removed or altered to structurally conform to the Lynwood Mumc~pal Code w~thln five (5) years 2 S~gns located ~n any of the "C" zones, except as here~n provided, shall be, completely removed or altered to structurally conform to the Lynwood Municipal Code within slx (6) years 3 S~gns located m the "M" zones, except as hereto prowded, shall be completely removed or altered to structurally conform to the Lynwood Mumc~pal Code w~th~n seven (7) years The Planmng Commission may extend the abetment penod for up to one year Exceptions: Pubhc ubht~es and hlstonc s~gns and structures are exempted Nohce of Nonconformity and Abatement/' Public Hearing The Development Services D~rector or his/her designee shall g~ve notice of the ~ nonconformity to the ~egal property owner by posbng the property, send~ng a notice, and pubhsh~ng the nobce ~n the paper Th~s nobce shall be g~ven not les§ than 120 days, but not more than 180 days from the date of abatement Nonconforming structures, uses, or s~gns that have already exceeded their abatement periods pursuant to th~s Chapter, shall be g~ven not~ce of their terra,nat,on w~th~n 180 days from the passage of the ordinance The legal owne~ of the nonconforming use or structure may request a heanng to extend the time for abatement The purpose of the pubhc hearing ~s for the Planmng Commission to hear and receive ewdence concermng the extension of the nonconforming use or structure The Planmng Commission shall make ~ts determ~nabons based upon findings The applicant would be able to appeal the decision to the C~ty Council or ~ts designated heanng officer Any nonconforming use, structure, or s~gn conbnu~ng beyond the date for abatement set by the Planning Commission, or C~ty Council on appeal, shall be declared a pubhc nuisance pursuant to Secbon 3-13 of the Lynwood Mumc~pal Code, subject to abatement thereof and prosecubon e~ther through c~wl or cnm~nal acbon If the nuisance ~s not abated by the owner, then ~t shall be abated by the C~ty If the nuisance ~s abated by the C~ty, the costs ~ncurred by the C~ty wdl be reimbursed to the C~ty, and ~f necessary, become a hen against the property unbl pa~d Fiscal Impact: None Coordinated With: Development Services ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING Chapter 25.165 OF TIlE LYNWOOD MUNICIPAL CODE IN 1TS ENTIRETY AND ADOPTING A NEW Chapter 25.165 ESTABLISHING REGULATIONS FOR NONCONFORMING USES AND STRUCTURES WHEREAS there are legal rlonconformlng structures and uses in the City of Lynwo, .d, and WHEREAS the purpose of thts Chapter is to permit these nonconfonmtles to contlntie until they are removed or required to be terminated or abated, and WHEREAS the City Council recognizes that the objective of zoning practices to eliminate nonconforming uses NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: That a new Chapter 165 titled "Nonconforming Uses and Structures is added to Title 25 of the Lynwood Zomng Code to read as follows: 25.165.000 25.165.010 25.165.020 25.165.030 25.165.040 25.165.050 25.165.060 25.165.070 25.165.080 25.165.090 25.165.100 25.165.110 25.165.120 Purpose General Provisions Nonconforming Uses Nonconforming Structures Nonconforming Signs Exceptions Notice of Nonconformity and Abatement Hearing Body Designated; Hearing Decision and Findings Right of Appeal to City Council or Its Designated Hearing Officer Recordation of Order Revocation Public Nuisance 25.165 000 Purpose Within the zones established by the Lynwood Municipal Code (hereinafter "Code") or amendments that may later be adopted, there exists or will exist 19ts, structures, and uses of land and structures, which were lawful before the adoption of or amendment of thxs Code, but whmh no longer comply therewith The intent of this Chapter is to permit these nonconformities to continue untd they are 25.165.010 removed or are required to be terminated or abated by this Code, but not to encourage their survival Such uses and structures are declared to be incompatible with permitted uses, structures and standards m the zones ~nvolved It is intended that they shall not be enlarged, expanded, or extended, nor shall, they be used as grounds for addmons to structures or uses prohibited elsewhere in ?he same zone, except as may be expressly permitted in this Chapter General Provisions The regulations in this Chapter shall apply to all existing nonconforming uses and structures and to any uses or structures made nonconforming upon adoption ~f subsequent ordinances 25.165.020 Nonconforming Uses The folloxving regulations shall apply to the legal, nonconforming use of any building or structure Regulations applicable to nonconforming structures are prowded in Sect~6n 25 165 030 ] (a) Continuation Any nonconforming use may be continued through the abatement period, provided that the use shall not be increased, enlarged, extended, or alt?red except as provided m this Chapter When a nonconforming use exist( on parcel, no additional use may be established thereon, even if such usel would be a conforming use (b) Termination Due to Cessation of Nonconforming Use Any part of a building or land occupied by a nonconforming use m w ~hich that use ~s discontinued for one hundred eighty (180) days or more shall thereafter lose ~ts nonconforming use status All subsequent uses shall be used m conformity w~th the prowslons ofth~s Code Termination shall include cessation of nonconforming use regardless of intent to resume~ the nonconforming use (c) Abatement of Nonconforming Uses: General 1 Every legal nonconforming use shall be abated according to the provisions of this Chapter 2 Nonconforrmng uses shall be abated and such use shall be terminated upon the explratmn of thc period of nme indicated hereinafter m tlus section The periods of tame shall commenc'e on the date that such use first became nonconforming by application (d) of the zoning regulations of this City In no case shall this pen, od of time be less than five (5) years from the date that the use became nonconforming a Nonconforming uses shall be abated, and the uiage thereof terminated, within ten (10) years from the date,the use became nonconforming The abatement period may be extended by the Planning Commission pursuant to Section 25 165 070 and the proceedlflgs contained therein In no case shall such an extension be granted fm a period of more than one (1) year Abatement of Nonconforming Use Where No Building Exists Except as otherwise provided herein, a nonconforming use of land where no structure exists shall be abated and the use thereof ! terminated within ten (10) years from the date the use becamel nonconforming, and the nonconforming use will not m any way be expanded or extended, either on the same or adjoining property or be detrimental to health, safety and welfare (e) Alteration of Nonconforming Uses 2 Restrictions and conditions affecting a nonconforming use shall affectedapply to by the ownership existing use, changes land, and structures, and shall not be A nonconforming use may not be enlarged, expanded, or alte?ed except under the following circumstances (a) An alteration is required by governmental or co'urt action (b) Minor repairs to and routine maintenance of a structure where a nonconforullng use exists are permitted and encouraged Minor repairs and routine malntenan6e shall mean repairs or maintenance that costs less than twenty percent (20%) of the replacement cost Reconstruction of Damaged Structure Where Nonconforming Use, Located 1 If any structure that houses a nonconforming use is damaged o',r partially destroyed, the nonconforming use may be reestabhshed sc 2 long as the structure tn which it is housed is reconstructed to the standards for set forth in this Code, and so long as the cost of§uch reconstruction does not exceed fifty percent (50%) of the replacement cost of such structure at the time such damage occurred If, in the process of reconstructing the structure pursuant to th~ subsection, certain nonconformities can be brought into conformity, they shall be brought into conformity 25.165.030 Nonconforming Structures (a) Continuation Any nonconforming structure may be continued and maintained through the time period set forth m subsection 125 165 030 c 1, provided therd are no alterations of the structure, whatsoever, except as provided m this Chapter (b) Alteratiohs 1 A nonconforming structure may not be altered In any way except as prowded here~n a Where any nonconforming structure is damaged or parha y destroyed, the nonconformmg structure may be reestabhsh'ed tc the condition in which it existed immediately prior to the occurrence of such damage so long as all of the following conditions are met nl The cost of such reconstruction does not exceed fifty percent (50%) of the replacement cost of s,uch structure at the time such damage occurred, and t t 1 tI The recons mc ion may not resu t in any grea er degree of nonconformity than previously existe}l and The reconstruction shaI1 meet all current requirements of this Code, and shall be complet ~d w~thm one (1) year of the commencement of th~ construction (c) 2 When a subsequently adopted ordinance or regulation requlres, spemfic alterations, those alterations shall be made 3 Minor repairs to and routine maintenance of a structure are permitted and encouraged M~nor repmrs and routine maintenance shall mean repars or mmntenance that cost less than twenty percent (20%) of the replacement cost 4 If, In the process of reconstructing a nonconforming structure pursuant to tlus subsectmn certmn nonconformities can be brdught into conformity, they shall be brought into conformity Abatement and Termination--Upon Expiration of Time Periods Nonconforming structures shall be abated and such structures shall be eliminated upon the exp~ratmn of the period oft~me indicated ~n tins section Thru period oft~me shall be deemed to commence on thc date that such use first became nonconforming by reason qfthe appbcat~on of the zoning regulanons of this C~ty In no case shall thru period of t~me be less than five (5) years from the date tha~t the structure became nonconforming a Nonconforming structures shall be abated to structurally conform to th~s Code according to the following Structures located ~n any of the "R" zones, except s here~n prowded, shall be completely removed or altered to structurally conform to tins code w~thm forty (40) years "tr Ire I e' ~' ' .... Il a uctt s ocat d In anyolthe c zones, except as hereto provided, shall be completely removed or a tered to structurally conform to this code xv~thln thirty (3'10) years 111 Structures located m the "M" zones, except as here'm provided, shall be completely removed or altered structurally conform to th~s code xvithm forty-five i45) years iv The abatement period of such use may be extended by the Planning Commission pursuant to Section 25 165 070 and the proceedings contained there~n ~In no case shall such an extensmn be granted for a penorJ of more than one (1) year 25 165.040 Nonconforming Signs Except as otherwise provided by Cahfomla Business and Professions Code Section 5490 et seq relating to lawfully erected on-premises advertising dlsp!ays, thc following sections shall apply to nonconforming s~gns (a) Continuation Any nonconforming sign may be maintained through the abatement period provided there are no alterations.of the sign, whatsoever, except as provided in this Chapter (b) Alterations A nonconforming sign may not be moved, enlarged, relocated~ or altered tn any way except as otherwise provided herein. a Where any nonconforming sign is damaged or partially destroyed, the nonconfom~lng sign may be reestablished to the condition in which it existed immediately prior to the occurrence of such damage so long as all of the following conditions are met The cost of such reconstruction does not exceed fifty percent (50%) of the replacement cost of such sign at the time such damage occurred, and The recons~mctmn may not result in any greatelr degree of nonconfom~lty than previously existed, and 111 The reconstruction shall meet all current requirements of this Code, and shall be completed w~thm one (1) year of thc commencement of th construction b When a subsequently adopted ordinance or regulation reqmres specific alterations, those alterations shall be made c Minor repairs to and routine maintenance ora sign are' penmtted and encouraged Minor repmrs and routine mainten,lnce shall mean repmrs or mmntenance that cost less than twenty percent (20%) of the replacement cost 25.165.050 (c) 2 If, m the process of reconstructing a s~gn pursuant to thru subsection, certmn nonconformities can be brought ~nto conformity, they shall be brought into conformity Abatement and Termination--Upon Expiration of Time Periods 2 Nonconforming s~gns shall be abated and such nonconform~t5 shall be terminated upon the expiration of the period of t~me ~ndlca hereinafter m this section This period of time shall commenc5 on the date that such sign first became nonconforming by reason bf the application of the zoning regulations of this C~ty In no case shall th~s per~od of time be less than five (5) years from the da~e that thc sign became nonconforming Exceptions (a) Nonconforming s~gns shall be abated, removed or altered to structurally conform to this Code according to the following S~gns located m any of the "R" zones, except as heretr provided, shall be completely removed or altered to structurally conform to this code w~thm five (5) years n Signs located m any of the "C' zones, except as hereu provided, shall be completely removed or altered to structurally conform to thru code within slx (6) years nl Signs located m the "M" zones, except as herein provided, shall be completely removed or altered to structurally conform to this code within seven (7) years An extension of the abatement period may be granted b~y the Planning Commission pursuant to Section 25 165 070 and the proceedings contained therein In no case shalllsuch an extension be granted for a period of more than one ~l) year Pubhc Utilities 1 The foregoing prowslons of this Chapter concerning the requited removal, reconstruction or abatement of nonconforming structures an~d uses shall not apply to public utility structures, uses, and signs pertaining dlrectly to the rendenng of the service or distribution of same Nothmlg in th~s Chapter shall be construed or apphed so as to prevent the expansion, increase in capacity, modernization, or replacement, or maintenance o~f such public utlhty structures, uses, signs, used directly for the dehvery/ of, or distribution of, or the services provided The provls~ons of this 25.165.060 Notice (b) ¢) subsection also exempt any structure, use or sign which directly relat~ the service to consumers, such as warehouses, storage yards, service and the like ¸ to Historical Structures, Signs and Uses 1 The foregoing provisions of this Chapter concerning the reqm[o removal of nonconforming structures, szgns, and uses, shall not applyltc structures, signs, or uses that have been designated national, state or )c h~stonc structures, signs, or uses Historic uses which are located m historic structures may be reestablished in accordance with State law Nothing in this Chapter shall be construed or applied so as to prevent he expansion or alteration of such historic structures and signs of Nonconformity and Abatement Upon determination that the provisions in this Chapter apply to a structure, use, or sign, the Development Services Director or his/her designee shall send a notice regarding this structure, use, or sign by certified United States mai1, return receipt requested, to the legal prot owner where smd structure, use, or s~gn ~s located as shown on the la equalized assessment roll 'ty 1 This Notice shall be given not less than 120 days, but not more than 180 days from the date of abatemen{ 2 Nonconforming structures, uses, or signs that ~ave already exceeded their abatement periods pursuant to this Chapter, shall be given notice of their termination 180 days from the passage of this Chapter The Director of Development Services or his/her designee shall also ~ost the property contmning the nonconforming structure, use, or sign with a similar notice and shall publish such notice at least once in a newspaper of, general circulation Should the certified mailed rmtice be returned to the City for any reason, the City shall cause a copy of the same to be mai!ed to the legal property owner shown on the last equalized assessment roll by regular first-class marl with postage fully paid The notice provided for in th~s section shall describe the nonconforming , use, structure, or sign and shall state the date of abatement The abate~ment date shall be deemed to apply unless the owner of the nonconformmgluse or structure requests a hearing before the Planning Commission for an extension of the abatement date 25.165.070 (d) The legal owner of the nonconforming use or structure shall have sixty (60) days from the date of the not~ce to request a hearing The request must be ~n wrmng and stamped "Received" or otherwme endorsed by City Hearing Body Designated; Hearing (a) (b) (c) (d) The C~ty of Lynwood Planning Commission is the hemmg body for purposes of tins Ctmpter the Ifa hearing is requested by the legal owner of the nonconforming use or structure, in accordance w~th Section 25 165 0570, the Planmng Comnnsslon shall hold a public hearing to determine whether the nonconformity should be extended for a period of tune not to exceed one (1) year Not~ce of the heanng shall be g~ven to all property owners u(lthln a three-hundrcd foot (300) radius of subject property | The Planning Commission shall receive written and oral testmlony at such heanng regarding the extension of the nonconformity At the close of the pubhc hearing, the Planning Commission shall find and determine whcther thc nonconfomllty should be extended and shall consider all facts m support thereof (c) Thc Planning Commission shall also find and determine whether the nonconforming structure, use, or slgn can economically be used ~n its present condition or if the nonconformity can be successfully modlfield a purpose permitted in the zoning d~stnct m which ~t ~s located for The Planning Commission, or the City Council on appeal, shall base ~ts decision on evidence and consider the date the structure was construc[ed or the use was established, the original cost thereof, whether such cosi has been, or could have been recovered by the owner under generally accepted accounting practmes, the remaining useful h fo of he structure, use, or sign, and harm to the public ~fleft nonconforming 25.165.080 25.165.090 25.165.100 Decision and Findings The dcmslon of the Planning Commission and the findings lU support of said decision shall be m the form ora written order and shall be served ~on the legal ownm of said structure, use, or sxgn personally or by certi~ied United States mall, return receipt requested, xwthln ten (10) business days at2er the decision is rendered Should the certified mmled notice be returned to the City for any reason, the City shall cause a copy of the same to be mailed to the property owner shown on the last equalized assessment roll by regular first-class mall with postage fully paid F~n&ngs shall be made as to whether or not the balancing of the pubhc interest and the request by the owner for continuance, alteration, or expansion of the nonconformity of the subject property require a deviation from the abatement schedules of the City of Lynwood The decision shall include notification of appeal rights to the City Council Right of Appeal to City Council or Its Designated Hearing Officer (a) The decision of the Planning Commission terminating the nonconfonmty or an extension thereof may be appealed to the City Council or its designated hearing officer in accordance with the Lynwood Municipal Code (b) After the expiration of the appeal period to the City Council, the decision of the Planning Commission shall be final and conclusive unless an appeal ,,vas t~mely filed m accordance with the proms~ons ofth~s Section (c) The City Council, or its designated hearing officer, on appeal shall conduct the hearing in accordance w~th Section 25 165 070 and may uphold, reverse, or amend any decision of the Planning Commission The decision of the City Council, or its designated heanng officer, shall be final and conclusive Notice of the City Council's, or its designated hearing officer's, decision shall be mailed by the City Clerk to the property owner or other appellant within ten (10) business days of the decision pelsonally, or by certified Umted States mall, return receipt rcquested The decision shall include notification of Section 1094 6 of the Cahfomia Code of Civil Procedure Should the certified mailed notice be returned to the City for any reason, the City shall cause a copy of the same to be mailed to the property owner shown on the last equalized assessment roll by regular first-class mall with postage fully paid Recordation of Order After the concluslou of all appeals, ~ncludlng the appeal to the City Council and after the t~me period specified in Section 1094 6 of the Cahfornm Code of Civil Piocedure has elapsed, the City Clerk shall cause notice of the decision and order of the Planning Commission, or the City Council in the case o fan appeal, to be recorded with the County Recorder of the County of Los Angeles The notice shall consist of a Notice of Nonconformity, set forth m section 25 165 060 above 25.165.110 Revocation (a) Whenever the use, malntenallce, or continuation of nonconforming condmons or use is granted through the means of conditional use permits, variances, site plan review approval, extensions, expansions, or other approved changes, the same may be revoked by the City Council whenever the City Council finds that the terms or conditions of any conditional use permit, variance, site plan review approval, extension, expansion, or other approval are being violated, the condition or use of the ploperty constitutes a public nuisance, or the health, safety, or welfare of the surrounding property owners or residents is being threatened by the continuation of said nonconforming use or condition , (b) Thc revocation process may be lmtlated by the order of the City Council or Planning Commission and may be based on o~ any person demonstrating that his/her health, safety, or welfare is being adversely affected by the continuation ofmrcumstances existing on nonconforming property (c) The legal owner of said structure or use shall be notified of the commencement of the revocatmn process pursuant to the sections of tins chapter 25.165.120 Public Nuisance Any nonconforming use, structure, or sign continuing beyond the date for abatement set by the Planning Commission, or City Council on appeal, shall be declared a public nuisance pursuant to Section 3-13 of the Lynwood Municipal Code, subject to abatement thereof and prosecution either through civil or criminal action If the nms~ance is not abated by the owner, then it shall be abated by the City If the nuisance is abated by the City, the costs incurred by the City will be reimbursed to the City, and if necessary, become a lien against the property until paid AGENDA STAFF REPORT Date October 4, 2005 To Approved by Honorable Mayor & C~ty Councd Member~., N Ennque Martlnez, City Manager~',~/' Prepared by Jenmfer A M~zrah~, Beltran & Medina Deborah Jackson, Intenm Asst D~rector Enwronmental SUBJECT: Pubhc Heanng to ~ntroduce proposed Shopping Cart Ordinance Servic'~ RECOMMENDATION: Staff recommends that the C~ty Council conduct a Pubhc Heanng and ~ntroduce by t~tle only the attached ordinance t~tled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SECTION 3-15 OF THE LYNWOOD MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING A NW SECTION 3-15 ESTABLISHING REGULATIONS REGARDING SHOPPING CARTS". BACKGROUND: The C~ty ~s facing challenges w~th respect to abandoned shopping carts that are being used for ~nappropnate purposes Abandoned carts are not only eyesores, but they are dangers to the pubhc as they ~mpede pubhc rights of way In add,ben to the injuries that abandoned carts pose to Lynwoed residents, such carts ~ncrease bhght and are often used for make-sh~ft trash receptacles left ~n the pubhc right of ways DISCUSSION & ANALYSIS: The State of Cal~forma ~mplemented State law regulabng ~denbfied abandoned shopping carts through the Bus~ness and Professions ("B&P") Code § 22435 et seq The Cahforn~a Legislature found that shopping cart retrieval procedures by local government agencies was ~n need of umform statew~de regulabon and consbtuted a matter of statew~de concern In parbcular, B&P Code § 22435 2 makes ~t unlawful to 1) remove a shopping cart from the premises, 2) possess a shopping cart that has been removed from the premises, 3) possess a shopping cart w~th the serial numbers that have been removed, 4) abandon a shopping cart at an area other than the bus~ness~.p~re~j~e~s~,~5). alter or tamper a shopping cart, 6) possess a shopping Cart that ~s not located on the premises, and such wolabon may be pumshed by a m~sdemeanor Local legislation regarding matters of statew~de concern that duphcate State law, contradict State law or attempt to regulate those matters where the State law has indicated ~ts ~ntent to be the sole regulator ~n the field, are considered tn confhct w~th State law, are deemed preempted by State law, and are void As long as the City does not draft leg~slabon that duphcates or confhcts w~th State law, bus~ness and Professions Code sechon 22435 8 allows the City to adopt an ordinance regulabng abandoned shopping carts Current Procedures: The current Lynwood Municipal Code (LMC), Secbon 3-15, regulates abandoned shopping carts Currently, the LMC duphcates the State law and prohibits persons from remowng, abandomng, altering, or possessing shopping carts The LMC also provides that wolators are gudty of m~sdemeanors The C~ty's current procedures regarding abandoned shopping carts are as follows when ~denbfled abandoned shopping carts are found, the C~ty wdl 1) e~ther call the shopping cart owner to retneve the cart or 2) contact the cart retneval service company, called the Califorma Shopping Cart Retrieval Corporabon (CSCRC) which comes and retneves the cart Highlights of the Proposed Ordinance: The proposed ordinance rewses the current Lynwood Mumc~pal Code secbon regulabng abandoned shopping carts by making the bus~ness owners responsible for their abandoned carts The ordinance requires that owners post s~gns stabng that removal of the carts ~s a crime In add~bon, the owners are required to ~mplement a cart retrieval program whereby they must 1 2 3 4 Idenbfy the cart m both English and Spamsh by providing the name of the bus~ness and a phone number for cart return Implement a seven day a week cart retrieval service Provide a contact phone number for the pubhc to call to report abandoned carts, and Prowde a log to the C~ty of calls regarding the shopping cart Fadure to ab~de by any porbon of the ordinance shall be a m~sdemeanor, pursuant to Lynwood Mumc~pal Code section 1-5, or may be filed as an ~nfracbon by the C~ty Prosecutor Each wolabon of any prows~on of th~s secbon shall consbtute a separate offense On August 26, 2005 Jenmfer M~zrahh Esq was ~nwted by Gdbert Camzales, D~rector of Local Government Relabons for the Cahfornla Grocers Assoc~abon, to attend their monthly meebng where Ms M~zrah~ d~scussed the proposed Lynwood ordinance The Cahforma Grocers Assoc~abon d~d not object to the provisions of the proposed ordinance FISCAL IMPACT: None COORDINATED WITH: Enwronmental Services, Code Enforcement, Sheriffs Department & C~ty Prosecutor AGENDA ITEM 10 4 05 SHOPPING CART ORDINANCE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SECTION 3-15 OF THE LYNWOOD MUNICIPAL CODE IN ITS ENTIRETYAND ADOPTING A NEW SECTION 3-15 ESTABLISHING REGULATIONS REGARDING SHOPPING CARTS WHEREAS, the residents of the C~ty of Lynwood are concerned by the problems created ~n the C~ty by abandoned shopping Carts, and WHEREAS, abandoned shopping Carts contribute to increased trash, create potenbal safety hazards to the pubhc, ~nterfere w~th pedestnan and vehicular trafhc ~n the C~ty of Lynwood, and create bhght ~n the overall commumty, and WHEREAS, Business and Professions Code Secbon 22435 8 allows the City to adopt an ordinance regulabng abandoned shopping Carts prowded such ordinance does not expressly conflict with the Diws~on 8, Chapter 18, Article I of the Business and Professions Code, and WHEREAS, the City Councd finds and determines that having an ordinance regulabng shopping Carts ~s ~mportant to preserving the pubhc health, safety and welfare of all residents m the C~ty NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: That a new section 3-15 titled "SHOPPING CARTS" is added to Chapter 3 of the Lynwood Mumc~pal Code to read as follows 3-15.1.1.1 Definitions As used ~n th~s Secbon "Abandoned Cart" shall mean a Cart, as defined below that has been removed w~thout written consent of the Owner of the Cart from the Owner's Bus~ness Premises, ~f ~t has been left on pubhc property Th~s prows~on shall not apply to Carts that are removed for purposes of repair or maintenance "Bus~ness" shall mean and ~nclude any corporation, joint venture, hm~ted L~abd~ty Corporation, partnership, sole proprietorship, assoc~abon, or any other legal enbty ~n existence and doing bus~ness ~n the State of Cahforn~a generally and more particularly ~n the C~ty of Lynwood "Cad" shall mean a basket which ~s mounted on wheels or a s~mdar dewce generally used ~n an estabhshment by a customer for the purpose of transporbng goods of any k~nd "C~ty" shall mean the C~ty of Lynwood "Owner" shall mean any person or entity, who ~n connecbon w~th the conduct of a Bus~ness owns, leases, possesses, or makes a Cad avadable to customers or to the pubhc For purposes of th~s secbon, Owner shall include any person acting as an Owner's designee "Premises" shall mean the enbre area owned, occupied, and/or ubhzed by an Owner which prowdes Carts for use by customers or other persons, including any parking lot or other property prowded by or on behalf of the Owner for customer parking or use 3-15.2 Applicability. Th~s secbon shall apply to all Owners of Bus~ness estabhshments or other commercial services w~th~n the C~ty that prowde Cads for customer use or for the use of the pubhc 3-15.3 Notice. Owners shall post s~gns prominently and conspicuously, near doors, or ex,ts of their estabhshments, m substanbally the following form, "REMOVAL OF SHOPPING CARTS FROM THESE PREMISES IS A CRIME B&P §22435" Th~s nobce shall be written m both English and Spanish 3-~15.4 Mandatory Plan to Prevent Cart Removal. Every Owner who allows or intends to allow the use of Cads shall ~mplement a specific plan to prevent customers from removing Cads from the Premises The plan must ~nclude, but ~s not hm~ted to, the following Cart Identification and Not~ce Every Cart owned or prowded by any estabhshment m the C~ty must have a s~gn permanently aff~xed to ~t that contains the follow~ng ~nformabon written m both Enghsh and Spanish a c Idenbty of Owner, estabhshment, or both Not~flcabon to the pubhc that the removal of the Cad from the premises ~s a wolabon of state law The Owner's address and phone number for Cart return Mandatory Cart Retrieval In add~bon to the above provisions, an Owner must ~mplement a seven-day-a-week Cart retrieval program The Owner must prowde a retrieval plan for Abandoned Carts that must be approved by the D~rector of Development Services or h~s/her designee The Owner may use ~ts own employees to retrieve the Carts, or may h~re a company to prowde Cart retrieval services 3 Retrieval Service Any Cart retrieval service must be hcensed to do bus~ness ~n the C~ty of Lynwood 4 Failure to Retrieve Fadure to retrieve Abandoned Carts shall be a wolabon of th~s Secbon Phone Number The Owner must prowde a phone number of the local store to the C~ty employees, residents, and persons to call to report Abandoned Carts 6 Call Log Upon request from the C~ty, the Owner shall prowde to the C~ty a log of telephone calls received from persons who have reported Abandoned Carts 3-15.5 Declaration of Nuisance. Idenbfled Abandoned Carts left abandoned shall be declared a nuisance, pursuant to Secbon 3-13 of the Lynwood Mumc~pal Code If the nuisance ~s to be abated by the C~ty, the costs ~ncurred by the C~ty w~ll be assessed upon the shopping Cart Owner 3-15.6 Violations; penalties. V~olations of th~s secbon shall be a m~sdemeanor, pursuant to Lynwood Mumc~pal Code secbon 1-5, or may be filed as an ~nfracbon by the C~ty Prosecutor Each wolabon of any prows~on of th~s secbon shall consbtute a separate offense 3-'15.7 Non-Exclusive Remedy. Th~s secbon ~s not the exclusive remedy available to the Qty for regulabng Abandoned Carts and shall be ~n add~bon to other regulatory codes, statutes and ordinances enacted by the C~ty, the State, or any other governmental enbty or agency hawng junsd~cbon SECTION 2: If any section, subsection, sentence, clause, phrase, or port,on of th~s ordinance ~s for any reason held to be ~nvahd or unconsbtubonal by the decision of any court of competent junsd~cbon, such decision shall not affect the validity of the remaining secbons, subsecbons, sentences, clauses, phrase, or portions of th~s ordinance The C~ty Councd hereby declares that ~t would have adopted th~s ordinance and each secbon, subsecbon, sentence, clause, phrase, or porbons thereof, ~rrespect~ve of the fact that any one or more sections, subsecbons, sentences, clauses, phrases, or porhons be declared ~nvahd or unconst~tubonal SECTION 3: passage This Ordinance shall take effect thirty (30) days after ~ts final SECTION 4: The C~ty Clerk of the C~ty of Lynwood ~s hereby d~rected to certify to the passage and adopbon of th~s Ordinance and to cause ~t to be pubhshed as required by law F~rst read at a regular meebng of the C~ty Councd held on the day of , 2005 and adopted and ordered pubhshed at a regular meebng of sa~d Councd held on the day of ,., 2005 ATTEST Ramon Rodnguez, Mayor Andrea L Hooper, C~ty Clerk APPROVED AS TO FORM J Arnold Beltran, C~ty Attorney DATE TO APPROVED BY' PREPARED BY: SUBJECT AGENDA STAFF REPORT October 4, 2005 N Ennque Martlnez, C~ty Manager//-."-///./C"~ Christy Valencia, Interim D~rector of F~nance Tamu Ledbetter, Accounbng Technician Approval of the Warrant Register Recommendation: Staff respectfully recommends that the warrant register. Lynwood C~ty Councd approve the ..................... Attached Warrant Register dated October 4, 2005 ooooooo~ ooo ooooooooooooo oooo~??oooo??oooooooooooo o AGENDA STAFF REPORT DATE October 4, 2005 TO Honorable Mayo~x& Members of the;~lty~/t~ncll APPROVED BY N Ennque Marb~e'~/?~,ty..__ ,,.. ~--Mana~ger/f'~'/'C'///' PREPARED BY J imGiven, D~cto~~,on & Community Serv,ces SUBJECT Youth & Fam~ Recommendation: Staff recommends that the Councd rewew and ratify the Youth & Family Pohcy wa the adopbon of the attached resolution enbtled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD RATIFYING THE YOUTH & FAMILY POLICY" Background' A very ~mportant component of a Qty's General Plan ~s the Recreabon and Open Space Element Th~s plan d~scusses the current avadabd~ty of park and recreabon facd~ty resources as well as plans for future development Th~s plan prowdes a framework by which the development can take place based upon the hm~ted resources both spabally as well as financially However, local agencies do not generally have a pohcy designed to provide gu~dehnes for the usage of facd~bes as well as the development of programs and services for youth and family An ~nnovatwe Youth & Family Policy ~s parbcularly ~mportant for a c~ty such as ours ~n that we have such a hm~ted ~nventory of facd]bes and resources Discussion & Analysis: Because of the substanbal number of potenbal users of the C~ty's parks, commumty facd~bes as well as programs, th~s pohcy ~denbfles cons~derabons for pnont~z~ng the use of the hm~ted resources avadable to the C~ty of Lynwood for recreation and related programs as well as facility development Staff brought a draft Youth & Famdy Pohcy to the C~ty Councd for rewew and cons~derabon at the regularly scheduled meebng of Tuesday, June 7, 2005 At th~s meebng Councd prowded staff w~th d~rect input relabve to contents of the pohcy as well as d~rected staff to take the pohcy to the Park & Recreabon Commission ~n order to receive their ~nput At the Tuesday, July 26, 2005 regularly scheduled meeting of the Park Recreabon Commission the following recommendations were rec; ~ncluded the following · Incorporabon of Los Amigos Community Park into Objective #1 (Page # 1) · Clarification of the need to provide Lynwood residents w~th reasonable access to sports fields ~n comparison to that of non-resident usage (Objective #1, Page 1, Policy #1 10- 1 11) · Incorporabon of ~nformabon regarding potenbal avadable grant resources and the process to apply for sa*d funds (Objective #3, Page #3, Policy #2 6) · D~scuss~on relabve to maintenance standards (Object~ve #1, Page #2, 1 5 -19) Fiscal Impact There ~s no direct fiscal ~mpact to the pohcy ~tself Costs associated w~th th~s policy ~nvoive the staff t~me necessary to use the pohcy as a template when rewew~ng funding and related requests that are brought to the C~ty Coordinated With the Following Departments · Environmental Services · Lynwood Unified School District · Parks & Recreabon Commission Attachment Youth & Famdy Pohcy Recreatn~Agenda Items 2005\Youth & Famdy Pohcy Agenda Item 10 4 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD RATIFYING THE YOUTH & FAMILY POLICY WHEREAS, the C~ty of Lynwood has a finite number of parks and community faclhbes for use by the residents for recreabon purposes, and WHEREAS, there ~s also a limited amount of budgeted funds that can be expended to prowde recreabon programs, and WHEREAS, based upon these facts a Youth and Family Pohcy was developed to use as a template to assist m the determ~nabon of pr~onbes for the use of the hm~ted resources available, and WHEREAS, a draft Youth and Famdy Pohcy was presented to the C~ty Councd at the regularly scheduled meebng of June 7, 2005, and WHEREAS, at th~s meebng the C~ty Councd provided ~nput to the draft pohcy which has been ~ncluded ~n the final draft of the pohcy, and WHEREAS, the C~ty Councd also d~rected staff to present the pohcy to the Recreabon & Parks Commission and acquire their input, and WHEREAS, the pohcy was reviewed at the July 26, 2005 regularly scheduled meebng of the Recreabon & Parks Commission, and WHEREAS, the ~nput from the Commission has been ~ncluded in the final draft of the pohcy NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS' Section 1. That the City Council ratifies the Youth and Family Pohcy for use as a template when considering funding, program and related proposals Section 2. That th~s resolution shall take effect ~mmed~ately upon ~ts adopbon PASSED, APPROVED AND ADOPTED th~s 4th day of October, 2005 ATTEST Ramon Rodnguez MAYOR Andrea L Hooper CITY CLERK APPROVED AS TO FORM APPROVED AS TO CONTENT Arnoldo Beltran CITY ATTORNEY Jim Given DIRECTOR OF RECREATION & COMMUNITY SERVICES STATE OF CALIFORNIA } } COUNTY OF LOS ANGELES } I, the undersigned City Clerk of the C~ty of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the Qty Councd of the C~ty of Lynwood at a regular meebng held at C~ty Hall on the 4th day of October 2005, and passed by the following votes AYES NOES ABSENT ABSTAIN Andrea L Hooper, C~ty Clerk STATE OF CALIFORNIA } } COUNTY OF LOS ANGELES } I, the undersigned C~ty Clerk of the C~tyof Lynwood, and Clerk of the C~ty Councrl of sa~d City, do hereby cerbfy that the above and foregoing is a full, true and correct copy of Resolubon No on file ~n my office and that sa~d Resolubon was adopted on the date and by the vote there~n stated Dated th~s 4th day of October 2005 Andrea L Hooper, C~ty Clerk City of Lynwood "Youth & Family Policy" OVERALL POLICY OBJECTIVE The C,ty of Lynwood Youth & Family Pohcy ~s designed to prowde a tool by which the C~ty Council may w~sh to develop and idenbfy pnontles ~n relabon to how the avadable facility as well as fiscal resources are d~rected towards prowd~ng adequate recreational and social services opportumtles for the largest possible number of clbzens of the C~ty of Lynwood This ~s so ~mportant because there are currently 18,555 children enrolled ~n the Lynwood Unified School D~stnct, along with the over 4,000 children enrolled ~n pnvate and parochial schools and over 70,000 persons currently residing m the C~ty Objective I: To make adequate community recreation facilities available. The current inventory of facihties include: · C~ty Park · Skate Park · Natatonum Swim Center · Commumty/Trans~t Center · Bateman Hall · Youth Center · LosAm~gos Commumty Park Pohcy 1 0 To adequately staff commumty faclhbes and to prowde the greatest possible amount of access and egress for both formal as well as ~nformal usage based on commumty desires and programmabc needs under the parameters outhned m the Lynwood Mumc~pal Code Pohcy 1 1 purposes To expand the avadable facd~ty resources for community recreabon The following ~nclude current projects Semor C~t~zens Center Ham Park Replacement Park Rose Park Carnabon Park Veterans Memonal/Amph~theater Lynwood Meadows Park Pohcy 1 2 To work with other ent~bes w~th~n the communtty to share fac~hty resources · School District Fac~hbes per the current approved Joint Usage Agreement Policy 1 3 Pursue the use of private sector fac~l~bes to make available recreational and leisure classes when these fac~hbes are better suited for a padlcular program or when C~ty and Dlstnct fac~hbes are not available Pohcy 1 4 To prowde safe venues for community recreabonal use wa the prows~on of pnvate secunty serwces worbng ~n conjunction w~th the Los Angeles County Shenff Department between the hours of 8 00 a m and 11 00 p m Monday through Sunday Policy I 5 Ensure that pubhc parks and facd~bes are currently equipped w~th recreational amembes such as play areas, p~cnlc fac~hbes, and athlebc fields through such practices as regularly scheduled rewew along w~th an ongoing maintenance program Pohcy 1 6 To seek out the feasibility of technologies such as arbflc~al turf for C~ty fac~hbes that would m~n~m~ze maintenance down bme and associated costs ~n order to prowde for maximum availability for community usage Pohcy 1 7 Develop and estabhsh a non-profit corporabon and/or foundabon ~n order to pursue pubhc and pnvate funding sources to Improve ex~sbng facd~bes as well as to acquire new fac~hbes Pohcy 1 8 Perform regular review and evaluabon of all recreabon fac~hbes along w~th regularly scheduled roubne maintenance to keep all venues safe for patron usage and ~n adequate operabonal and aesthetic cond~bon Pohcy 1 9 Schedule the use of all fac~hbes ~n such a way so as to prowde the opportumty to receive adequate maintenance Adequate maintenance ~ncludes regularly scheduled debns pick up and removal, watenng, turf and ~rngabon repair It also ~ncludes annual major maintenance that ~nvolves such actlwbes as reseeding Policy 1 10 When there ~s i~m~ted program area and multiple user requests, beyond that which the facd~ty resources can reasonably accommodate Efforts wdl be made to accommodate all requests When th~s ~s not possible C~ty of Lynwood operated or sponsored programs wdl be accommodated first Then other programs wdl be accommodated w~th youth programs operated by schools, local non-profit corporabons and churches rece~wng prlonty Pohcy 1 11 Every effort w~ll be made to afford residents of the C~ty of Lynwood pnonty opportumty to enroll ~n C~ty Sponsored Facd~bes and Programming unless there ~s a proh~b~bon to do so based upon funding sources used to develop the faclhty where the programming ~s located Objective 2: To provide programs, activities and services with the least financial impact to either the local taxpayer or the participant. Pohcy 2 0 When hm~ted resources are avadable to d~rect to a parhcular program or acbwty the pnonty wdl be to focus the resources to reach the greatest possible segment of the targeted populabon Pohcy2 1 To survey the programs, acbv~hes and services avadable throughout the Qty of Lynwood and surrounding commun~bes and make them avadable to the c~bzens of Lynwood so as not to duphcate efforts Policy 2 2 To provide programs, services and acbwbes that are operated intermittently for pre school and elementary school aged children that comply w~th all C~ty of Lynwood, County of Los Angeles and State of Cahforma laws and do not and would not consbtute and ongoing exclusive use of a C~ty facd~ty such as the following · Summer Day Camp · T~ny Tot Arts and Crafts Class · T~ny Tot Movement and Exem~se Class Pohcy 2 3 To seek alternabve methods of providing services outside of our trad~bonal scope such as hcensed chddcare services These methods may ~nclude such acbwbes as prowd~ng a bus~ness fnendly enwronment by Focal private operators so they have the opportumty to flourish Pohcy 2 4 Work cooperatively with the Lynwood Un~fled School D~stnct as well as other local agencies and community-based orgamzabons ~n relation to the prows~on of programs and services Pohcy 2 5 To seek alternabve funding sources such as grants through the non-profit corporabon or foundabon as well as to sohc~t sponsors to support and/or supplement programs and services Pohcy 2 6 To make grant funds accessible to quahfled apphcants when the funding ~s avadable to the C~ty of Lynwood Apphcat~on materials and procedures as well as ~nformabon regarding potenbal other sources of funding are available the GrantJMarkebng Office of the Qty Manager's Office Pohcy 2 7 To assess fees sufficient to cover the cost of programs targeted to an area of special ~nterest classes that necessitates the mstrucbon of an expert ~n the particular field such as photography and self-defense Pohcy 2 8 To develop programs based upon such major pnonty cntena as · Idenbfied Interest · Idenbfled Need · Facd~ty Avadabd~ty · Avadabd~tyof F~scal Resources Pohcy 2 9 areas as To prowde a dwerse scope of programs ~nclud~ng such acbwty Team Sports such as baseball, basketball, flag, football, soccer Ind~wdual Sports such as tenms, track and field Physical F~tness Programs such as weight hftlng, lap swimming Aesthebc Arts Acbwbes such as painting, drawing, wnbng, photography Performing Arts Acbwbes such as drama, music Aquabcs Acbwbes such as sw~m lessons, recreabon sw~m, sw~m team Trips and Tours to such dest~nabons as local amusement parks, museums Educational Acbwbes such as homework centers Technology Actw~t~es such as computer centers Latch Key Acbwbes such as after school playgrounds, chdd care Cultural Act~wbes m recognition of such events as Black H~story Month, Cmco de May, Juneteenth, Nuestras F~estas Patnas Policy 2 10 To offer formal orgamzed programs along w~th opportumty for informal "drop-m" usage of C~ty owned facthbes and equipment Objective 3: To offer multi-generahonal programs and services in an effort to reinforce concept of family such as parent-child swim classes, parent-child rhythms, parent-chdd exercise. Pohcy 3 0 To design and conduct programs such as parent-child sw~m class, parent-chdd rhythm class and related acbwbes that ~nclude parents and chddren, grandparents and children as well as the interacbon of s~bhngs Objective 4: To provide recreation, social and service programs taking into considerabon the following major participant factors: · Age · Interest · Culture Ennchment · Income Level · Mobd~ty · Abd~ty Level · Ind~wdual Leisure Schedule Pohcy 4 0 To provide programs for participants of all ages Pohcy 4 1 To endeavor to develop programs and acbwbes ~n as many ~nterest areas as can be addressed based upon the avadable resources and/or knowledgeable and avadable ~nstructors To provide a well-rounded program schedule to reach the w~dest possible range of commumty interest To regularly 4 survey the programmabc ~nterest of the residents of the commumty through both formal as well as mforma~ methods Pohcy4 2 Design events, classes, programs as well as c~tyw~de events focusing on the d~verse cultures of the residents of the community Pohcy 4 3 Make services avadable at the least possible cost to the parbc~pant through the use of alternative funding sources as well as volunteers Understanding that through the parbc~pat~on of volunteers the level of experhse wdl vary s~gn~flcantly Pohcy4 4 Endeavor to secure Iocabons to conduct programs and prowde services ~n all areas of the C~ty To support such organ~zabons such as the Neighborhood Block Watch Orgamzabon who work w~th local law enforcement to promote a safe enwronment on an ~nd~wdual neighborhood bas~s Policy 4 5 When only hm~ted resources are avadable, to ~ntroduce acbv~bes to the greatest port~on of the population served To have a department-w~de phdosophy of offenng ~ntroductory level programs to generate ~nterest and enthusiasm ~n recreabon opportumbes that wdl create a hfe-long apprec~abon for the pos~bve and productive use of one's leisure bme Pohcy 4 6 To endeavor to most appropnately assign program days and t~mes to best meet the avadabd~ty of the target audience Objective 5: To formally as well as ~nformally communicate with the users of the facilities as well as programs to survey and determine the effectiveness by which we provide facilities and implement programs and services. Pohcy 5 0 To evaluate all facd~bes, programs, acbv~bes and services on a regular, ongoing bas~s cons~denng number of parhclpants (users), effecbveness ~n presenbng what the public wants as well as the efficiency in prowd~ng the service in the most cost effecbve manner possible Recreatn\Memos 2005\Youth & Famdy Policy Revmed ITEM Qty Facd~bes Non City Facfl~bes Facd~ty Secunty Facd~ty Amembes Technology Non Profit Corporabon/ Foundation Facd~ty Maintenance Lynwood Resident Access to Programs and Facdlbes Program Focus Survey surrounding Commumtles Pre-School/ Elementary Age Programs L~censed Ch~ldcare Inter Agency Programs OBJECTIVE# INDEX PAGE# 2 2 2 2 2 2 3 3 3 3 3 POLICY# 1-11 12-13 14 15 16 17 15-19 110-111 2O 21 22 23 24 d ITEM OBJECTIVE# PAGE# POLICY# Alternabve Funding 2 Grant Access Information 3 Fee-based Acbv~bes 2 Major Pnonty Cntena for Program Development 2 Overview of Program Scope 2 Formal/Informal Fac~hty Usage 2 Mulb-Generabonal Programs 3 Participant Factor- Age 4 Parbc~pant Factor- Interest 4 Parbc~pant Factor- Cultural Enrichment 4 Parbc~pant Factor- Income Level 4 Participant Factor- Mob~hty 4 Parbclpant Factor- Ablhty Level 4 Parbc~pant Factor- Ind~wdual Leisure Scheduled 4 3 25 3 26 3 27 3/4 28 4 29 4 210 4 3-30 4 4O 4/5 41 5 42 5 43 5 44 5 45 5 46 ITEM OBJECTIVE# PAGE# POLICY# Evaluation of Facd~bes and Service Prows~on 5 5 5-5 0 AGENDA STAFF REPORT DATE TO APPROVED BY PREPARED BY SUBJECT October 4, 2005 Honorable Mayor & C~ty Council Mevm~be~j~ N Enrlque Martlnez, City Manage[//./~.//.~. . Paul Nguyen, Interim D~rector of Enwronmental Serv~ces/~ Jose Mohna, Ut~hty Services Manager Emergency Replacement of Booster 3 at the Water Reservoir Recommendation: Staff recommends that the C~ty Council receive and file staff's report on the emergency replacement of Booster 3 and approve the expenditure of $15,879 75 for sa~d work Background: On August 25, 2005, Booster 3 located at the water reservoir stopped operabng due to a failure ~n the pump assembly So Cai Pump and Well was h~red to pull the pump and motor for ~nspecbon After the pump was d~sassembled, staff determined that the ex.sting pump, column, shaft, and bearings needed to be replaced The total cost to replace the booster and ~ts assembly was $15,879 75 D~scuss~on & Analysis: The cond~bon of Booster 3 reqmred ~mmed~ate replacement of the ex~sbng booster assembly to return ~t to normal operabon Because of the nature of the emergency, So Cai Pump and Well was h~red to do the work Fiscal Impact The project cost was $15,879 75 The funding was taken from the department maintenance budget Coordinated W~th Other Departments None Cou05 Booster3 Emcrgcncy AGENDA STAFF REPORT DATE TO APPROVED BY PREPARED BY SUBJECT October 4, 2005 Honorable Mayor & C~ty Council M~,,~ N El r"~Mart~..~, C,ty Manage/IFC'g'//' J~m/ (v n~,'lB~Ector of Recreahon & Commumty Services Del .]~.~nt SPE ;TAL PERMIT REQUEST St Ph~lhp Nen School Fall Fesbval Recommendation' Staff recommends that the C~ty Council approve th~s request w~th the following cond~hons 1 The proponent must meet the C~ty of Lynwood permit requirements 2 The proponent agrees to comply with any requirements set forth by the Shenff Department as well as the F~re Department 3 The proponent must agree to keep the nome levels within those prescribed by the Lynwood Municipal Code Background: St Ph~lhp Nen School ~s requesbng a permit to conduct ~ts Fall Festival on the school property Friday, October 21, 2005 - Sunday, October 23, 2005 The purpose of the event ~s to help raise funds in order to defray a portton of the costs associated with the operabon of the school Discussion & Analys~s: The festival w~ll be conducted on St Phdhp Nen School property only No street closure of any k~nd ~s being requested to accommodate th~s actlwty This ~s a first time event The Lynwood Shenff's Department has, ~n the past, recommended that an event of th~s type should ~nclude a secunty plan C~ty staff concurs w~th this recommendahon The proponent would be required to meet with and then subsequently comply w~th any and all requirements set forth in the permit process by the C~ty of Lynwood as well as the Los Angeles County Shenff and F~re Departments Fiscal Impact. None Coordinated W~th LA County Shenff, LA County F~re Department, and Development Serv~ces-Bus~ness L~cense D~ws~on Environmental Services Department Attachments recreatn]agenda 2005/SPECIAL PERMIT ST PHILLIP NER110 4 05 AG~DA ITE~ APPLICATION FOR SPECIAL PERMIT CITY OF LYNWOOD 11330 BULLIS ROAD LYNWOOD CA 90262 310-603-0220 NAME ADDRESS Saint Phd~p Nen School 4311 Olanda Street APPLICANT INFORMATION. CDL# PHONE CITY Lynwood OCCUPATION Non-Profit Or.qamzabons {Church and School) NUMBER OF PERSONS EMPLOYED 18 SBE EVENT INFORMATION TYPE OF PERMIT REQUESTED Rainbow Fesbval DATE(S) OF EVENT October 21, 22, 23~ 2005 (310) 638-0341 ZIP 90262 801-9047-3 HOUR OF OPERATION Sun, Oct 23 (8 a m. - 10 p m ) ADDRESS OF PROPOSED EVENT LOCATION SPECIFIC AREA DESIGNATED FOR EVENT IS STREET SLOSURE BEING REQUESTED (If yes, briefly explain reason for event and closure Oct 21 (6 p.m - 10 p.m.) Sat., Oct. 22 (2:00 p.m. - 10:00 p m.) 4311 Olanda Street~ Lynwood, CA 90262 Parkinq Lot YES ~ (Circle One) IF INDOORS, APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE N/A HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE? ~YE~ NO IF YES, WHERE AND WHEN C~t¥ of Lynwood - Twice Each School Year IS THIS A FOR PROFIT O~ EVENT? (C~rde One) IF THIS IS A NON-PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFIT A NON-PROFIT AGENCY OR ORGANIZATION PLEASE PROVIDE THE FOLLOWING NAME OF ORGANIZATION BEING BENEFITED Saint Philip Neri School STATE NON-PROFIT NUMBER 801-9047-3 ADDRESS OF ORGANIZATION 4311 Olanda Street, Lynwood, CA 90262 PHONE IS A WAIVER OF FEES BEING REQUESTED ~YES~ NO IF YES, EXPLAIN For charitable or.qamzabon - Please see attached letter. (310) 638-0341 A NEGOTIATED PERCENTAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE CITY ( HEREBY CERT{FY TAHT ALL STATEMENTS MAKDE IN THIS APPLICATION ARE TRUE AND COMPLETE AND THAT ANY MISSTATEMENTS OF MATERIAL FACTS WILL CAUSE A FORFEITURE OF FEES AND DENIAL OF PERMIT SIGNATURE OF APPLICANT 7 ACCEPTANCE OF THIS APPLICATION FOR REVIEW DOIESNOT/~JMPLY APF FOVAILT~ SSGNAT~UIIIRE~)F APPLO/)~/F PERMIT REQUIRES CITY COUNCIL APPROVAL YOU WILL BE NOTIFIED ACCORDINGLY DATE 7DATE' SAINT PHILIP NERI SCHO0£' Wednesday, September 21, 2005 To'whomqt ~riay copcefn, J ~ 12522 Stoneacf~ St Lynwood, Cal~forma 90262 d ~ (310) 638.0,34P Fax (310)738-9805 Stunt PNhp Nen/Cathohc Element~_ry School was 61Sc,ned m 1954 , The school was designed to educate st~.dentsI ~rades one through e~ght The school adm~mstrat~on and staff was a~ combination ofrehg~ous and lay members~ ~ ' ' ~ 1~ 1975 the foyer (ay pnnmpal was contracted and ~adm~mstered the scho61 w~t~ a combined ~ staff members from the rebg~ous and lay staff, W~th the~w~hdra~al, of the {ehg~ous .... . educat~odal field, the pnnc~pal hued and all-lay staff Thru staff remains a committed hculty ,, de&cated to quahty ~Cathohc education and serxqce~to both our Cathohc and non~Catbghc populanon,, ' In the past twenty-~ght ~e~s we'have w~tnessed,profound s~clal,-economlci'and racial ?3nges w~thm o~ cpmmgmty 'p6pulatwn ~ Whale our mission statement oF behefs and~ serv,ce remain constant, our ph,losophy ls rcv,?ed annually t~ pFov,d~ ~oals an~ ~objec~ves ' ,consistent w~th the needs of the cu~gnVpopulat~on ,, , bur strong ~dy of Froth Commumty~reflects success-~n, our education of parents"and students ahke to-value'ibc rich cultural &versify: The successful contnbutmn of our alumm to ;thc commumty gnd thelr'co'ns~stent ~turn to Stunt PNhp's)s a source.of pride and ~ot~vatlon forcontlnuedconmntment . , , x, , ~ .. , , request the permission of Lynwood C~ty Councd -Saint phd~p Nen Parish School respectt~lly ; ' ~ ' ; ' ~ to'host our.Fall Fqstlval on 'October -1, 22, 23, 2005 . W9 ~lc~pate a 'n6t profit of $30,00~ 00 A h~s morNy ~s allocatcO solely to' subs~mze tmtlon pay~ents ltqs ohly through._ 6ur two (2) fes{~vals that we arc.cnabled',[o contluue pkow&ng quahty educanf;~ at ~ m~mmal ~ cost to }he families of our Lynwood co~mmXlty , ' ' ~ . ' ~ -We are proud bf our ~success kate. m returmng respoEsibl~, productive cmzens to tBe community ~ ~ ~- ~ ~ ~n advapc? thank,~o¢ for ~ur cons,deuat,on~gnd sflpport o~ S~,nt P~fllp Nen school cflBrts~, Rcspec_t fulj3f. '~'" , //7 ,/ ;4 , Mary Gre~g~ns;- / ~/ , Principal ~ ,. > AGENDA STAFF REPORT Date October 4.2005 To Approved By Prepared By Subject Honor~le Mayor and Members of~/..D~/Councll N Enrlg~i~f~/lart,n_~..C~ty Manage//.,/O.///' 3.m Get. or of Re creatlorf & Commun.tySe rv.c es Requ'e~t f~ Special Permit Super C6nter Concepts Recommendation: Staff recommends that the C~ty Councd review this report and approve this request based upon the following condlbons 1 The proponent must agree to meet the C~ty of Lynwood permit requirements 2 The proponent has met all requirements set forth by the F~re Department Background: A request has been made by Super Center Concepts to conduct a Pumpkrn Patch ~n the parking lot at 3831 Martin Luther K~ng Jr Blvd. between October 5. 2005 and October 31. 2005 Th~s type of event has occurred at this location m the past D~scuss~on & Analys~s: The sale wdl be conducted between the approximate hours of 7 00 a m and 1000pm Attached please find a copy of the layout of the area as provided by the proponent along w~th a descnpbon of the acbwty This parbcular request ~nvolve no street closures and revolves the use of private property only for the event The proponent of th~s event would also need to successfully complete any requirements of the F~re Department as well as pay any and all permit fees F~scal Impact: $360 O0 F~re Clearance Fee $200 O0 City Permit Fee SPECIAL PERMIT SUPER CENTER CONCEPTS (1) 10 4 05 FEB-~-Lg~ ~1.46 P 05 g? LYNWOOD CA. ~e262 ~1g-603-0~20 APPLICATION FOR SPECIAL PERMIT APPLICANT INFORMATION'~ OCCUPATION ~UMBER DF ~E~SO~ EMPLOYED ~__ ~ __ EVENT INFOR~ATIOh rES ,~E~E AND ~5N y'~_ ~,~' TH,S A r~-;RO~OR--% NON PROFIT EVSNT' NAME Ot' ORgANIzaTION BEING BENEFIT.~D ADORES& OF ORGANiZaTION IS A W,~WF¢~ O¢ ~E[~S ~EINC~ REQUESTED YES I~ YES, ~XF~J.~IN THAT STATEMENT~ FEB-~--~9~ D1 45 suPERIoR SUPER WAREHOUSE September 19, 2005 Planning Department City of Ly~wood 11330 Bull,s Road Lynwood, CA 90262 RE Apphcation fbr Special Permit / Pumpkin Patch/3831 E Martin Luther Krug Jr Bird L2mwood. CA 90262 To Whom It May Concern Last years pumpkin p~tcb was such a success we would hke to apply again th~s year for a permit tn allow us to conduct pumpkin sales in our parking lot The sales will be conducted thru thc period of October 1, 2005 thru October 31, 2005 fi'om 7am to 10pm TI~c area wdl be fenced m and take up approximately 4 regular parking stalls An Employee attendant wall be on site at ail times Customer~ w~II pay reside thc store and p~ck up their pumpkin outrode We will comply w~th any reasonable conditions set fo~h including the ~ollowing 1. The pumpkins will confomx to the representaUves made by us 2 No more thin 100 square tkct of temporary slgnage will be used 3 The site wall be cleaned and restored to its original condltmn ~rm,aedmtely after the event. 4 A copy of the pemut wall be kept on s~te 5 Emergency vehicle access wall be re, m~tmneci at ali t~mcs 6 Parking stalls ,md s~dewalks w~ll rcmmn clear and unobstructed 7 Portable restrooms can be provided if so instructed. 8. Exit mg~s, lights or generators will not be necessary Thank You for your tame mid consideratmn Very truly yours, Super Center Concepts, lnc David Alonzo AGENDA STAFF REPORT DATE TO APPROVED BY PREPARED BY October 4, 2005 Honorable Mayor & City Council Me/~ N Ennque Martmez, C~ty Manage/r///'Cf-/-///. Autra C Adams, Interim Dir of Human Res/Asst to City Mgr SUBJECT MEMORANDUM OF UNDERSTANDING WITH THE LYNWOOD MANAGEMENT BARGAINING GROUP Recommendation: Staff recommends that the C~ty Councd adopt the attached resolution enbtled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD MANAGEMENT BARGAINING GROUP AND SETTING FORTH ALL TERMS AND CONDITIONS AFFECTING WAGES, HOURS AND WORKING CONDITIONS" Background: The current Memorandum of Understanding "MOU" between the City of Lynwood and the Lynwood Management Bargaining Group expired on June 30, 2005 Collective bargalmng was conducted m good faith between the C~ty and designated representatives of the Lynwood Management Group in accordance with the prows~ons of the Myers-M~has-Brown Act D~scussion & Analysis: The following are h~ghhghts of the agreed upon MOU Term - The MOU will cover the two year penod from July 1, 2005 through June 30, 3007 Cost of L~vmg Adjustment (COLA) - Employees will receive a one-time 3% COLA effective from the commencement of the MOLl BIhngual Pay - The monthly compensation amount is Increased to $125 Educabon Incenbve Pay - This secbon has been enhanced to prowde a monthly mcenbve for employees who have degrees of h~gher educabon beyond the requirements of the employees' pos ',c.~ Tho AGENDA ITEM monthly compensabon ~s $150 for a bachelor's degree and $200 for a master's degree · Employee's Insurance Coverage - A three-year rollover was incorporated ~nto the reimbursement of medical expenses In add~bon to the major terms, staff has made a number of techmcai changes throughout the document to correct grammabcal errors and for ease of reading Mutual agreement between the respective parbes has been reached It is ~n the best ~nterest of the Crty to approve the agreement Fiscal Impact: The esbmated annual fiscal ~mpact ~s $70,000 Due to the ~ncreases affecbng a number of d~fferent dw~s~onal accounts, staff wdl make the necessary adjustments through the mid-year budget process Coordinated W~th F~nance Department RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD MANAGEMENT BARGAINING GROUP AND SETTING FORTH ALL TERMS AND CONDITIONS AFFECTING WAGES, HOURS AND WORKING CONDITIONS WHEREAS, the current Memorandum of Understanding "MOU" between the Ctty of Lynwood and the Lynwood Management Group expired on June 30, 2005, and WHEREAS, collecbve bargaining was conducted ~n good faith between the City and designated representabves of the Group ~n accordance w~th the prows~ons of the Myers-M~has-Brown Act, and WHEREAS, mutual agreement between the two parties has been reached NOW, THEREFORE the City Council of the City of Lynwood does hereby find, determine, order and resolve as follows Section 1. The attached comprehensive MOU (Exhibit A), which ~ncludes all agreed upon provisions and supersedes any prewous prows~ons, between the City of Lynwood and the Lynwood Management Barga~mng Group ~s adopted Sect,on 2. The C~ty Manager ~s authonzed to amend any current pohc~es and procedures as necessary to reflect the provisions of the attached MOU Section 3. That the C~ty Manager or h~s designee ~s designated to carry out any transacbons that may be necessary as so ordered by th~s resolubon Section 4. This resolution shall become effective ~mmed~ately upon ~ts adoption PASSED, APPROVED and ADOPTED th~s 4th day of October, 2005 RAMON RODRIGUEZ, MAYOR ATTEST ANDREA HOOPER, CITY CLERK APPROVED AS TO FORM APPROVED AS TO CONTENT CITY ATTORNEY N ENRIQUE MARTINEZ, CITY MANAGER AUTRA C ADAMS, INTERIM DIRECTOR OF HUMAN RESOURCES/ASST TO CITY MANAGER DATE. TO APPROVED BY PREPARED BY AGENDA STAFF REPORT October 4, 2005 Honorable Mayor & C~ty Councd N Ennque Marhnez, C~ty Manage/,/,/(,,.///, Autra C Adams, Interim D~r of Human Res/Asst to C~ty Mgr~'~ SUBJECT TERMS AND CONDITIONS OFEMPLOYMENTFOR EXCLUDED POSITIONS Recommendation: Staff recommends that the C~ty Councd adopt the attached resolubon entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SETTING FORTH ALL TERMS AND CONDITIONS AFFECTING WAGES, HOURS AND WORKING CONDITIONS BETWEEN THE CITY OF LYNWOOD AND THE EXCLUDED POSITIONS OF THE LYNWOOD MANAGEMENT BARGAINING GROUP" Background: The Memorandum of Understanding "MOU" between the C~ty of Lynwood and the Lynwood Management Barga~mng Group "Group" recogmzes certain pos~t~ons as confldenhal, and therefore they are excluded from the Group Discussion & Analysis: The Employer-Employee Relations Resolution adopted by the Council ~n 2002 defines a "confidential employee" as an employee who, ~n the course of h~s or her duties, has access to Informat~on relabng to the City's adm~mstrabon of employer- employee relabons" In addition, dunng negobabons ~n previous years, ~t was agreed that all pos~bons within the C~ty Manager's Department be recognized as confidential Th~s determmabon was made based on the sens{twe nature of ~tems/d~scuss~ons that are handled through the admm~strabve support functions of the department to the C~ty Manager and the C~ty Councd Article II of the MOU recognizes the following pos~hons as confldenbal Assistant C~ty Manager, Assistant to the C~ty Manager, Deputy D~rector of F~nance and Personnel Analyst II a .G~D~ A ITEN H~stor~cally, the excluded pos~bons have had the terms affechng their wages, hours and working conditions prowded ~n the same manner as the Group It ~s in the best ~nterest of the C~ty to continue th~s practice Fiscal Impact: The acbon recommended ~n th~s report does not have a fiscal ~mpact Coordinated W~th N/A RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SETTING FORTH ALL TERMS AND CONDITIONS AFFECTING WAGES, HOURS AND WORKING CONDITIONS BETWEEN THE CITY OF LYNWOOD AND THE EXCLUDED POSITIONS OF THE LYNWOOD MANAGEMENT BARGAINING GROUP WHEREAS, collecbve bargalmng was conducted ~n good faith by designated representatives of the C~ty of Lynwood and a barga~mng team from the Lynwood Management Bargaining Group, and WHEREAS, agreement has been reached between the designated representabves of the City of Lynwood and the Lynwood Management Bargaining Group, and WHEREAS, the excluded employees h~stoncally have had the terms affecbng their wages, hours and working cond~bons bed to the respecbve bargaining umts for annual adjustments, and WHEREAS, a comprehensive Memorandum of Understanding has been agreed to by the representatives of the City of Lynwood and representatives of the Lynwood Management Bargaining Group covering the period of July 1, 2005 through June 30, 2007 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS Section 1. The comprehensive Memorandum of Understanding between the C~ty of Lynwood and the Lynwood Management Barga~mng Group, which includes all agreed upon prows~ons shall apply to the excluded pos~bons ~denhfled thereto for the period of July 1, 2005 through June 30, 2007 Section 2. That relevant resolutions or policies be prepared as necessary to reflect the prows~ons of the management comprehensive Memorandum of Understanding to ~nclude the excluded pos~bons Section 3. Th~s resolution shall become effective ~mmed~ately upon ~ts adoption PASSED, APPROVED and ADOPTED th~s 4th day of October, 2005 RAMON RODRIGUEZ, MAYOR ATTEST ANDREA L HOOPER, CITY CLERK N ENRIQUE MARTINEZ, CITY MANAGER APPROVED AS TO FORM APPROVED AS TO CONTENT J ARNOLD BELTRAN, CITY ATTORNEY AUTRAC ADAMS, INTERIM DIRECTOR OF HUMAN RESOURCES/ASST TO CITY MANAGER DATE TO APPROVED BY PREPARED BY AGENDA STAFF REPORT October 4, 2005 Honorable Mayor & C,ty Council M/~?/~ N Enr, que Mart,nez, City Managff/¢/.//.¢'/' Autra C Adams, Intenm D~r of Hbman Res/Asst to C~ty Mgr ~ SUBJECT ASSISTANT CITY MANAGER-FINANCE EMPLOYMENT AGREEMENT Recommendation: Staff recommends that the C~ty Council adopt the attached resolution enbtled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT FOR THE RETENTION OF SERVICES FOR ASSISTANT CiTY MANAGER-FINANCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT" Background: On September 20, 2005 a candidate was selected for the pos~bon of Assistant C~ty Manager-F~nance At that bme, the C~ty Manager was authonzed to extend an offer and negotiate the terms of employment under an agreement Discussion & Analysis: Liebert Cass~dy Wh~tmore (the C~ty's Special Counsel for labor and employment matters) has drafted the attached at-will employment agreement The C~ty Manager and the candidate have agreed on the terms and cond~bons contained m the agreement Fiscal Impact: The funding for th~s contract is available w~th~n the adopted Rscal Year 2005-06 Operating Budget Coordinated W~th Special Counsel RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT FOR THE RETENTION OF SERVICES FOR ASSISTANT CITY MANAGER-FINANCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the City of Lynwood Is a General Law City under Cahforma law and ~s governed by an elected C~ty Council, and WHEREAS, the C~ty has conducted a search to retain the services of an Assistant City Manager-Rnance, and WHEREAS, on September 20, 2005 a candidate was selected for the poslbon of Assistant City Manager-Finance and the City Council authorized the extension of terms of employment under an agreement, a copy of which ~s attached hereto as Exhibit "A" NOW, THEREFORE, THE LYNWOOD CITY COUNCIL DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS Section 1 The C~ty Manager ~s authonzed to execute the attached AT- WILL EMPLOYMENT AGREEMENT on behalf of the City as the Appo~nbng Authority, pursuant to Section 18-9 of the Lynwood Mumc~pal Code Secbon 2 The Assistant City Manager-F~nance ~s authonzed and d~rected to commence performance of duties upon the effective date of the agreement Secbon 3 Th~s resolution shall become effective ~mmed~ately upon ~ts adopbon PASSED, APPROVED AND ADOPTED th~s 4th day of October, 2005 ATTEST RAMON RODRIGUEZ, MAYOR ANDREA L HOOPER, CITY CLERK APPROVED AS TO FORM APPROVED AS TO CONTENT J ARNOLDO BELTRAN, N ENRIQUE MARTINEZ, CITY ATTORNEY CITY MANAGER AT-WILL EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LYNWOOD AND MARIANNA MARYSHEVA Tlus AT-WILL EMPLOYMENT AGREEMENT ("A~eement") is made by and between the City of Lynwood ("City") and Mananna Marysheva ("Employee") The City and Employee may be referred to lnd~vidually as a "Party" or collectively as "the Parties" Recitals City desires to hire Employee as an at-will employee m the posmon o£Ass~stant City Manager-Finance Employee desires to be the Assistant City Manager-Finance and acknowledges that such employment is at-will Thc City Manager, pursuant to the authority granted by the City Council, ag~ ees to h~re Enrployee, as an at-wdl employee, subject to the terms and condmons ident~fied below AGREEMENT Section I TERJ,! The tcm~ of firm Agreement shall be from October 24, 2005, until tenmnatcd by either Party Employee is an at-will employee aad may be terminated, with or without cause, and with or without notice, at any time by the City Manager. Employee may resign at any time October 24, 2005 shall be Employee's "Hire Date" for purposes of this Agreement Section 2 DUTIES A City engages Employee as the Assistant City Manager-Finance to pe~ form the fimctlons aod duties specified m the job description for the pos~t~on (Attached as Exhlbzt "A "to this Agreement) as tire same may be modified by the City Manager, flora tune to tmre, and to perform such other legally permissible and proper duties and functions as the City Manager shall, froot tune to tlme, assign B Employee aglees that to thc best oflns or her abdlty and experience that he or she wllI at all tunes conscmntiously perform the dutms and obligations required, elthel express oi lmphed, by the terms of this Agreement, the ordinances, resolutions and adopted pohctes of the C~ty and the laxvs and regulations of the State of Cahforma and the United States C As a pubhc employee, Employee is mqtmed to work a Cull and complete work week pmsuant to the cstabhshed work schedule as determined by the City Managel, and devote whatever tune is necessary to fulfill the employment lespons~bdltles and duhes as ~dentlfied m tins A~eement 73248 2A LY020-001 D During the term of this Agreement, Employee is required to have and mmntam valid Cah fomla Dr~ver's license E Employee acknowledges that In com~ection with the performance of his or her duties, he or she wdl obtain information from City employees and third parties that is ora confidential nature Employee agrees that he or she will not disclose such confident~,ll mfom~at~on other than to officers and employees of the City who have been authorized to havd access to such information Employee further a~ees that if he Ol she has a question as to the confident~ahty of information obtained in the course of his or hel emplo3qnent, he or she w~ll contact the C~ty Manager for advice Section 3 EXCLUSIVE EMPLOYMENT Employee aglees to focus his or her full professmnal tune, ability and attention to City bustness during the term of this Agreement Consequently, Employee agrees not to engage m any other business pursuits, whatsoever, directly or ~ndlrcctly, render any smazlces ora buslnesg, comnlerclal, or professional natule to ally other pelson or organization, for compensation, w~thout the prior written consent of the City Manager Th~s does not precludc Employee from volunteering his services to other entitles or individuals as ong as such vo unteer services are riot in conflmt with the services to be provided by Employee under th~s Agreement Section 4 COMPENSATION As compensation for the services to be lendered by Employce, City agrees to pay Employee a salary o1'$150,000 per year payablc in twenty-slx (26) blweekly installments at th6 same tune as otlxer employecs of the City are paid and subject to customary withholding In addition, employee shall receive any Cost of Living AdJustment awarded to the Management Bargaining Group through City Council resolution during the 2005-2006 fiscal year Increases ~f any, in Employee's salary during the term of this Agreement, shall be at the sole discretion of the City Mauager based upon the C~ty Manager's evaluation of Employee's job performance a~ set forth in Section 5 of this Agreement Section 5 PERFORMANCE REVIEWS AND MERIT ADJUSTMENTS Upon employment and annually, or more frequently at the discret~on of the C~ty Manager, the City Manager will define goals and perfommnce object~ves for Employee Said goals and objectives w~ll be placed In writing and used to evaluate the perfonnnnce of Employ, :e Employee wtll receive an evaluation oue-hundred-elghty (180) days from the hire date established In this Agreement and annual reviews thereafter by the C~ty Manager The City Manage~ may write more frequent evaluatmns m bls Ol he~ dlscret~ou Based on these performance evaluations, the Employee lnay, at the dlsciet~on of thc City Manager, ~eceive a salary adjustment (merit Increase) based on the Employee's performance as evaluated by thc C~ty Manager In no event shall Employee's merit lncreasc exceed five percent (5%) per yea~ A nlent mclease of five peicent (5%) per year w~ll only be available in the event that Employe, satisfies all the performance criteria estabhshed by the C~ty Manager for Employee Should ] Employee satisfy some, but not all, the performance crlterla estabhshed by the City Manager for 1732482ALY020001 2 Employee, Employee may be eligible for a merit increase of less tban five percent (5%) per ye in the C~ty Manager's sole d~scretlon Scctlon 6 BENEFITS A. Car Allowance C~ty shall provide an automobile, or an automobile allowance to Employee of $500 00 per month while be or she is employed by the City B. Electronic Media Allo~vance City shall provide Employee an allowance of $125 00 per month for service fees assoclatcd with tbe tlse of cellular phones and intemet/e-nlall connmmlcat~on C. Moving Expenses The City w~ll reimburse Employee for reasonable moving expenses recurred within onc- bundred-e~ghty (I 80) days of the Employee's Hire Date Such expenses sball be based on the Iowest of three bids fiom established moving con2panlcs A check will be plowded to Emp'loy ge for the amount oftbe lowest b~d Employees may choose whichever moving company he/she desires and is not required to use the lowest bidder D. Other Employee Benefits And Cost of Living Increases I ' In addition to the bencfits set forth in this Agreement, Employee shall receive the benefits provided by the City to members of the Lynwood Managcment Bargaining Group To the &xte[lt benefits provided under this Agreement are similar to tbose provided to Lynwood Management Bargaining Group, Employee shall receive only those benefits provided under this Agreem&nt, ; I and not both Should members of the Lynwood Management Bargalun2g Group recmve a cost of living increase in salary, Employee shall receive the same percentage increase in salaly as a cost of lvmg increase T ~e cost of'living increases shall be m addition to any merit increases that En2ployee may receive under Section 5 of this Agreement Section 7 TERMINATION AND SEVERANCE PAY A Employee is an at-wall employee and serves at the wall and pleasure of the City Manager and may be terminated at any time witbout cause B In the event that Employee is temnnated by the City Managcl within the first on'e- hundred-eighty (180) days fi om the Employee's Hire Date, Employee will not be entltlcd to an} severance pay In the event that Employee is telnnnated by the C~ty Managc~ between, one-, I bundled-eighty-one (181) and three-lmndred-sixty-five (365) days aftel the Employee s Hire ] Date, for leasons otber than physical or mei2tal incapacity, or those reasons noted in subsect,~on F, below, the City agrees to pay Employee sevmance pay equal to two (2) mo lths salaly (bt t liot benefits) at the Employee's salary at the date of temnnatlon ] 173248 2A LY020-001 3 C In the event that Employee is tcnnlnatcd by the C~ty Manager mom than thr c- hundred-sixty-five (365) days after the Hire Date, for reasons other thau physical or mentall incapacity, or those reasons noted in subsection F, below, the City agrees to pay EmployeeI , severance pay equal to four (4) months salary (but not benefits) at the Employee s salary at th, date o f termination D To be ehgible for severance pay, as identified in Paragraphs B and C of this[ section, Employee shall fulfill ail of his obligations under th~s Agleement and shall sign an acknowledgement and release ofclanns a=amst the City Such acknowledgement and release appears as Attachme~lt "B" to th~s Agreement E Ali severance payments shall be paid xv~thln thirty (30) calendar days of Employce's last date of en~ployment F Notwithstanding subsectlous A, B and C, above, if Employee retnes or is terminated due to insubordination, incapacity, dereliction of duty, addiction to a controlled substance or alcohol, wluch addtctlon unpmrs Employee's job performance, conviction of i crime involving moral turpitude or revolving personal gain to hun, any felony or a breach ofth~s Agreement, City shall have no obligation to pay any severance provided m th~s sectmn G At termination, Employee shall be paid for all earned, but unused, vacation Section 8 RESIGNATION/RETIREMENT me Employees may resign at any tm~e Employee may retlle, provided he is ehgible roi retirement, at any t~me Employee agrees to provide tlurty (30) calendar days advance written not~ce of the effective date of his or her resignation or retirement In thc event Employee retires or resigns, Employee shall be entitled to payment fo~ earned, but unused, vacation time, but not to severance pay as dehneated m Section 7, subsections B and C Section 9 DISABILITY If Employee is permanently disabled or otherxvise unable to perform his dutics beca se if s~ckness, acmdent, lnjnry, mental incapacity or health for a period of thirty (30) calendar da~s beyond any earned sick leave, C~ty shall have the optlou to terminate this Agreement Notlimg m this section shall be construed to lumt or restrict Employee's benefits or rights under Wolkei's' Compensation, the Pubhc Employees' RetIlement Systcm ("PERS") or tim Americans with DmabIhtms Act or Cahfmma Famdy R~ghts Act Ho~vever, an employee terminated under this section is not eligible for severance pay as delineated m Section 7, subsections B and C of this Ag~ c¢inent 173248 2A LY020-001 4 in cases of dlsablhty, Employee shall be compensated for any earned, but unused, vacation leave Section I0 GENERAL PROVISIONS A. Notice Any notices required by th~s Agreement shall be in xvntlng and either dehvered m person or by first class, certified, return recmpt requested U S mall with postage prepaid Such n~ticels shall be addressed as follows TO CITY City Manager City of Lynwood 11330 Bulhs Road Lynwood, Cahfornla 90262 TO EMPLOYEE Mananna Marysheva City of Lynwood 11330 Bulhs Road Lynwood, Cahfomla 90262 B. Entire Agreement The text of tlns Agreement shall constitute the ent~rc and exclusive agreement bet,,w the partms All prior oral or written communications, understandings, or agreements betwelen the, Parties, not set forth heleln, shall be superseded m total by this Agreement No amendmen{ or modification to this Agreement may be made except by a written agreement signed by thc Employee and the C~ty Manager and approved as to form by the C~ty Attorney C. Assignment Tlus Agreement is not assignable by e~ther the C~ty o~ Employee D. Severablhty In the event that any pmwsion of this Agreement is finally held or determined to be dlegal or void by a court having jurisdiction over the Parties, the remainder of thru Agreement shall remain ~n full rome and effect unless the parts found to be ~llegal or vmd me wholly inseparable from the remaining portions ofth~s Agreement E. Effect of Wmver The failure of either Palty to lUSlSt on strict comphance xwth auy of the tern~s, covenant or conditious in this Agreement by the other Party shall not be deemed a waiver of that tern ~, covenant or condition, nor shall any waiver or rehnqmslm~ent of any ~ ~ght or power at any 173248 2A LY020-001 5 time or times be deemed a waiver or relinquishment of that right or power for all or any otl~ tlme or times // F. Jurisdiction Any action to interpret or enforce the terms of ttus Agreement shall be held exclusr a state court tn Los Angeles County· California Employee expressly waives any right to any such action from Los Angeles County. G. Effective Date This Agreement shall not become effective until it has been signed by Employee,. approved by the C~ty Manager IN WITNESS WHEREOF, the C~ty of Lynwood has caused this Agreement to be signed and executed m its behalf by its City Manager, and duly attested by its City Clerk, executed by the Employee. CITY OF LY ,NWOOD, Dated · City Manager Approved as to form Dated' C~ty Attorney In signing this Agreement, Employee understands and agrees that he or she is an a employee and that his or her rights to employment with the City are governed by the term conditions of th~s Agreement rather than the ordinances, resolutions, and policies of the C~ Lynwood which might otherwise apply to employees of the City. Employee further acka~owledges that he was given the opportunity to consult with an attorney pnor)o's'i~m Agreement. Dated ~ ,~:j~/ ..ag>gP3- Sl~ed~.~ _ 1732482A LY020~0I ~ move EXHIBIT "A' C~ty of Lynwood September 20 ASSISTANT CITY MANAGER/FINANCE DEFINITION Under administrative direction, plans, organizes, manages and provides admimstratlve direct and oversight for and participates in all financial and related functions and activities, includ investments, revenue forecasting and impact, financial transaction processing, record keeping a reporting, payroll and billing, coordinates the production and the administration of the Cit operating and capital budget, coordinates the annual financial audit, oversees a variety of ci wide administrative functions and special projects for the City Manager on a relief or as assi basis, fosters cooperative working relationships among City departments and various and regulatory agencies, provides expert professional assistance In areas of expeltise, performs related work as required SUPERVISION RECEIVED AND EXERCISED Administrative direction is given by the City Manager Provides general direction supervision to finance, accounting and human resources staff through subordinate IeveI~ supervision Provides general directlon to other plofesslonal and technical staff on or special-proJect basis CLASS CHARACTERISTICS This depaItment head classification functions in a dual role by providing assistance to the Manager in a variety of admlmstrative, coordinative, analytical and liaison by the changing needs of the City and by overseeing, directing and participating in all activities the Finance Department, inclu&ng the treasury and budget functions, as well as the Resources function, including pohcles and procedures, recruitment and selection, classlficatlc compensation and benefits, and labor and employee relations Successful performance of t work requires knowledge of public policy, municipal functions and activities. of an elected City Council, and the ablhty to develop, oversee and implement projects apu programs m a variety of areas The incumbent IS accountable for accomphshing departmental planlring and operational goals and objectives and for furthering City goals and objectives with ir general policy guidelines ESSENTIAL JOB FUNCTIONS (Illustrative Only) Develops, dnects and coordinates the implementation of goals, objectives, pollm procedures and ~vork standards for the Finance department, prepares and administers department's budget Conducts organizational, operational, financial and analytical studies, evaluates altemam prepares recommendations and narrative and statistical reports, and implements policy ar plocedural changes after approval Assists in the coordination and prepaiatlon of the C~ty's annual operating and cap~ improvement budgets and budget control activities Coordinates the City-wide annual audit as well as internal audits of various departments Assistant C~ty Manager/Finance Director Page 2 Makes presentations to the C~ty Councd, Finance Committee and other C~ty commissions committees, represents the C~ty m meetings w~th members of community, professmnal and governmental organizations Analyzes, ~nterprets and apphes pohctes and procedures within the C~ty Manager's and for the C~ty government, provides advice and consultatmn to management and management employees for various City departments Coor&nates activities of the C~ty Manager's office with Cfly departments and dlv~srons, with outside agencies, serves as Acting City Manager on a reliefbas~s or as assigned Momtors changes in laws, regulations and technology that may affect City act~wties and functions, Implements pohc~es and procedures as required Recmves, investigates and responds to ~esidents' service requests Plans, ~mplements and administers a performance measurement program for each department Plans, orgamzes, admimsters, reviews and evaluates the work of professional, technical office support staff, directly or through subordinate levels of supervm~on Prowdes for the selection, training, professional development and work evaluation department staff, authorizes d~smplIne as required, provides policy guidance interpretation to staff Contributes to the overall quahty of the department's service by developing, reviewing ~mplementlng pohmes and procedures to meet legal reqmrements and C~ty needs Coordinates the production of the annual budget fbr the C~ty, calculates cost incorporates depaI~mental projected budgets and prowdes for the production and ofprehmmary and final budget documents, prowdes for financial forecasting and planning Momtors the adopted budget and prepares periodic budget reviews for suhm~ss~on to the C1 Councd Determines funding options for capital improvement projects, administers bonds issued the City, reviews contracts and determines that expenditures are made in accordance with terms of contracts Determines cash flow requirements and fund availability for ~nvestments, updates ~ reviews the annual investment pohcy, oversees ali C~ty investinents Prepares and directs the preparation of Comprehensive Annual Financial Report, ~nclud narrative, financial and statistical data Oversees, coordinates and provides ~nformation required for the annual City financial au responds to and implements auditor's recommendations Prepares or directs the preparation and reconmhation of journals, ledgers and ott accounting records, prepares or directs the preparation of records and reports for submiss~ to various regulatory and other governmental agencies Through subordinate levels of supervision, adm~msters accounts rece~vabIe, accou payable, payroll and other finanmal functions of the City Reviews the impact of annexations, new developments, sales taxes, ~mpact fees, ca ~mprovement and other issues and projects which potent~ally affect the finances of the City Oversees all internal controls Prepares and directs the preparation of a variety of written correspondence, repot procedures, ordinances and other written materials Maintains and directs the maintenance of working and official departmental files Provides technical advice to City management, City Council and the Finance Commltteel City finanmal and accounting matters Coordinates finance activities w~th other City departments and other agencms Performs other duties as assigned Assistant City Manager/Finance D~rectoI Page 3 QUALIFICATIONS Knowledgeof. Administrative principles and practices, including goal setting, program implementation and evaluation and supervision of staff, either directly or through levels of supervision Principles, practices and procedures of pubhc administration in a mumcipal setting Functions and services ora mumclpal government Principles and practices of public agency finance, including Investment, treasury, general governmental accounting, auditing and reporting functions Principles and practices of public agency budget development, administration accountability Principles and techniques of conducting analytical studies, evaluating alternatives and mak sound recommendations Apphcable laws, codes and regulations Techniques for effectively representing the City in contacts with governmental commumty groups and various business, professional, regulatory and legislat organizations Techmques for dealing effectively w~th the pubhc, vendors, contractors and City staff, person and over the telephone Skill in: Developing and implementing goals, objectives, policies, procedures, work standards internal controls for the department and assigned program areas Conducting complex admmlstranve, operational and financial studies, evaluating alternati making sound recoImnendatlons and preparing effective narrative and statistical reports Interpreting, applying and explaining complex laws, codes, regulations and or&nances Planning, orgamzmg, administering, coordinating, reviewing, evaluating and participating in a comprehensive public agency financial management program Overseeing the planning, development and implementation ora City-wide financial plan Maintaining an eft;~ctlve investment portfolio within the guidelines established by the City Maintaining accurate financial records and preparing clear and accurate reports informational, auditing and operational use Administering programs and the work of professional, technical and office support staff Providing for the selection, monvat~on, work evaluation, training and development of staff Effectively representing the department and the City in meetings with governmental agenc~ contractors, vendors, and various bus~ness, professional, regulatory and leglslat organizations PIeparlng clear and concise reports, correspondence, pohcles, procedures and other writ materials Making accurate arithmetic, financial and statistical computations Using Enghsh effectively to communicate in peIson, over the telephone and in writing Using tact, initiative, prudence and independent judgment xvlthln general policy and guidelines EstabhshIng and maintaining effective working relationships with those contacted in course of the work Assistant City Managei/Fmance Director Page 4 Education and Experience: Any combination of training and experience which would provide the required knowledge, and abilities is qualifying A typical way to obtain the required qualifications would be Possession of Bachelor's Degree from an accredited four-year college or university with coursework in business or public administration, pubhc policy, accounting, economlcs or a related to the work and five years of managerial or administrative experience in a setting, including mmntalmng financial records and preparing statements m a pubhc age~ setting Possession of a Master's Degree m a field noted above is preferred and may substituted for one year of the required experience License: Must possess and maintain a vahd Cahfornla class C driver's hcense and have a saris driving record Physical Demands: Must possess mobdlty to work in a standard office setting and use standard office including a computer, vision to read pnnted materials and a computer screen, and hearing speech to communicate in person, before groups and over the telephone ATTACHMENT B ACKNOWLEDGMENT AND RELEASE This is to confirm that on tNs date I have received severance pay in the amount of $ pursuant to my employment agreement with the City of Lynwood ("City") I ackno~vledgc that, in accepting such severance pay, I am releasing the City, its einployees, officers and agents, from any and all claims of any kind or nature 1 had or may have had at the City arising from my employment with the City I further acknowledge that this Acknowledgement and Release releases the City waives any claim I may have against the City, 1ts employees, officers and agents, my employment relatlonsh~p, including the severance thereof, to the fullest extent under the law I further acknowledge that this waiver extends to ali claims, known and unknown, relative to my employment with and cessation of my employment with the C~ty [ specific: waive the application of C~vfl Code Section 1542, which prowdes, A general release does not extent to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which tf known by Nm or her must have materially affected his or her settlement with the debtor Sp.~cific Acknowledgment of Waiver of Claims Under ADEA and OWBPA The Age D~scnmlnation In Elnployment Act of 1967 ("ADEA") makes ~t illegal employer to d~scharge any md~wdual or otherwise discriminate with respect to the nature pnwleges of an mdiwdual's employment on the basis that the individual ts age forty The Older Workers Benefit Protection Act ("OWBPA"), 29 USC Sections 626, et seq, flu augments the ADEA and prohibits the wmver of any right or clmm under the ADEA unless ~valver ~s l, mowing and voluntary By entering into this Acknowledgement and Release, I acknowledge that I am knowingly and voluntarily, fm just compensation m addition to of value of which I am already entitled, waiving and releasing any rights I may have under ADEA and/or OWBPA I acknowledge that I have been advised and understand, parsuant provisions of the ADEA and OWBPA, that a Tlns Acknowledgement and Release, mclu&ng fins wmver/release, ~s wrltte: maimer I understand b I am a~vare of and have been advised by legal counsel of my own choosing ~ rights under the ADEA and OWBPA, and of the legal sigmficance of my waiver of any pos claims I currently may have under the ADEA, OWBPA, or s~milm age dlscrumnatlon laws 173248 2A LY020 00l 8 tin :he I :o the in 81bl~ c I am entitled to a reasonable time of at least twenty-one (21) days within wln review and consider this Acknowledgement and Release, including the waiver and release, rights I may have under the ADEA, the OWBPA, or similar age discrimination laws, but I ~ in the exercise of my own discretion, sign or reject thru Acknowledgement and Release at a time before the expiration of the twenty-one (21) day period d The waivers and releases set forth in this Acknowledgement and Release sN apply to any rights or claims that may arise under the ADEA and/or OWBPA after the effe~ date of this Acknowledgement and Release e i am hereby advised that I should consult with an attorney prior to executin Acknowledgement and Release f I have had an opportunity to discuss this Acknowledgement and Release, including this waiver/release, with, and to be advised with respect thereto, by an attorney choice, and I do not need any additional time within which to review and consider this Acknowledgement and Release g I have seven (7) days following my execution of this Acknowledgement Release to revoke this Ackmowledgement and Release h This Acknowledgement and Release shall not be effective nor enforceable after it is executed by all the Parties thereto and after the expiration of the seven (7) day revocation period set forth in the preceding paragraph I have had the opportunity to consult with legal counsel relative to this Acknowledgement and Release I have signed this Acknowledgement and Releas and wllhngly :h to apy ay, lot :tlv~ thi[ Dated Employee 173248 2A LY020-001 9 AGENDA STAFF REPORT DATE TO APPROVED BY PREPARED BY SUBJECT October 4, 2005 /--~ ~,. Honorable Mayor & City Council Me~ N Ennque Mart~nez, C~ty Managerz/'../.z'~/.~'/'// Grant Taylor, D~rector of Developth~nt Sbrg~ces ~' 1-' J D Wh~taker, Parbng Control Manage~(Z.k,'J RELOCATION OF PARKING METERS FROM NORTH LONG BEACH BLVD. ZONE 2B RECOMMENDATION Staff recommends that the C~ty Council approve mstallabon of the parking met~ on Atlanbc Avenue between Imperial H~ghway and the 1-105 Freeway If the Councd does not concur, ~denbfy alternate Iocabon(s) BACKGROUND: November 16, 2004, the City Council d~rected staff to proceed with the remo of the parking meters from the North Long Beach Blvd Zone 2B and to consider other areas to ~mplement additional zones Staff presented the C~ty Counc~I a comprehensive report detalhng the removal and relocation costs along revenue statistics ANALYSIS: Atlanbc Avenue has two methods of controlhng vehicle turnover The methc would be the twenty (20) m~nute green zones and the two (2) hour park slgnage In general, short-term parking ava~lab~hty for customers may be improved instalhng parking meters w~th~n a particular bus~ness d~stnct By decreasing length of time each vehicle ~s parked in a space, the "turnover rate" for the is ~ncreased The h~gher the turnover rate, the more times that space is used d~fferent customers, each staying for a short penod of time Understanding the shortage and ava~labd~ty of off-street parking, staff ~mplemented a permit process for bus,ness proprietors and their em offset the usage of on-street parking June 2005, staff conducted a parking survey within the proposed zone to ascertain the revel of sabsfacbon ~n relabon to the C~ty's enforcement the receptivity of optional enforcement methods CITY OF LYNWOOD PARKING ENFORCEMENT DIVISION Thc City of Lynwood is proud that Lynwood has achieved the status of a destination location, duc In large part to t colmmtmcnt in estabhshmg thriving businesses The Clt~,'s commitment is to make L~nwood a frieudly and apl live, work, and visit. Wc realize that parking Is a major concern for bus~ness proprlctOlS and patrons alike The Park D~wslon wants to as~cs~ how the business &stricts m thc Clly are doing, m terms of convenience, ease of getting oppoltunities, s~gnagc and directions Your input ~s needed and valued, so that the City can continue to work to mak~ more appeahng Please take a moment to fill out thc quest~onnmre and rcUtrn it to City Hall's Parking Enforcement E 11~2005 DropltofformafltoCltyofLynwoodPark~ngEnforcementD~vismn, l1330BulhsRoad, Lynwood, CAg( ATLANTIC AVENUE PARKING SURVEY What brings you to Lynwood (check all that apply)? L~ve here__ Work here Restaurants Shopping Business Vtsltor Serwce businesses School I I park ~n res~dentml areas and walk to the business dtstrtct 2 There ~s adequate hand~cap parktng tn the business d~stnct 3 Parking has hm~ted the amount of patrons to my bus~ness 4 The s~gnage regulating the parking ts adequate 5 I find parking ~s more &fficult durtng the weekdays 6 I find parking ~s more difficult during the weekends 7 i am tn favor ofparktng meters to regulate parking 8 I am in favor of pay and park machines to regulate parking 9 Ithtnk parkmg enforcement of green zones ~s lax 10 i think parking enforcement of two-hour parking ~s lax 11 I th~nk parking enforcement ~s too strict 12 I would support the construction of a parking structure YES _50 (Check all that app 5% _9~ so% 90% 60% 4~ 65% 35~% 30% 20% 7O% 80% 20% 70% le community's ,eal~ng place to ag Enforcement around, parking Ly~wood even iVlS]on, by July 262 Thank you for your feedback and suggestions: (Typical responses) More green zone enforcement Increa3e tn patrol Prohibit the parkmg of auto shop vehtcles More t~vo hour zone en~forcement Prowde ]gubhc ~arkzng structure or lot Permzts to exempt businesses with no on-s~te park~ng Please return your survey, by July 11, 2005. Drop it off or marl to C~ty of Lynwood Parktr ~nt Dtwslon, 11330 Bulhs Road, Lynwood, CA 90262 Or fax tt 310-638-4845 Attn Parkm Enlforcement D~ws~on If the one hundred and mneteen (119) meters are ~nstalled w~th~n the proposed zone, customer comphance w~th the new bme restncbons will ~ncrease substanbally Revenue production should be viewed as a "by-product" of the enforcement effort The overndlng objective of revenue generated through c~tabons, collect< coinage and permits ~s to match the cost of enforcement Based on the numbc and type of businesses w~thm the proposed zone, we can anbclpate a potenbal revenue generabon of $ 4,000 00 - $ 5,000 00 a month Other factors to consider wdl result ~n the following 1) Promobon of vehicle turnover, 2) Equal utd~zation of on-street spaces where demand exceeds supply, 3) Prowde short-term parking spaces for shopping or personal errands (th~ ~n contrast to long-term parking for commuters), 4) Improve traffic clrculabon and economic wabthty of the Atlanbc Avenue bus~ness d~stnct by maximizing the number of patron visits by car, and 5) Generate revenue for the City Attachments AtlanQc Avenue survey results FISCAL IMPACT: Removal of existing parking meter posts from North Long Beach Blvd Zone ~ncluding back fill and concrete flmsh to grade $ 2,975 00 Installation of parking meters on Atlantic Avenue (New Zone 2B) TBD ,d AGENDA STAFF REPORT DATE TO APPROVED BY' PREPARED BY SUBJECT Recommendation: October 4, 2005 Honorable'Mayor and Members of Promoting To~lerance ~n the C~ty of Lynwood Staff recommends the C~ty Councd consider taking all or a porbon of the follov ~n act vt es towards developing a comprehensive plan to promote tolerance ~n the C~ty of Lynwood. 1 Appo ntment of one or more Members of the C~ty Councd to lead the effort 2 Authorize staff to sohc~t proposals for enbt~es to prowde the requisite d~vers~ty and tolerance training 3 Implement d~vers~ty training program for C~ty employees as well as Commission and Board Members 4 Consideration ~s g~ven to offenng open d~vers~ty classes on a commun~ty-w~de bas~s ~n the same way that we prowde other spec~a'l interest classes 5 Consideration ~s given to the ~mplementabon of an Ad Hoc Committee ~ncludmg other major agencies w~th~n the C~ty of Lynwood such asI th~ Lynwood Un~fled School D~strict and St Franc~s Medical Center as Wel'l as churches, the business community and residents to partlclpat~ ~r~ the process to develop and ~mplement a c~tyvvlde Tolerance Program 6 Conduct trips to the Museum of Tolerance for school age chddre~ a~ well as for children ~n C~ty Day Camp and After School Playground Programs 7 Expand the use of tools such as culturally based colonng books for pre-school and elementary school age chddren as a part of the C'~ty'~ Recreation & Community Services Program 8 Conbnue and expand the provision of programs focusing on culturally based ~mportant dates and events ~n the classroom, at recreation program s~tes as well as when possible, on a c~tyw~de bas~s Background - Demographic Perspective The C~ty of Lynwood ~s a bedroom community located ~n southeastern Lo Angeles County between the commun~bes of C ~mpton,-~South~ Gate; a~d Paramount as well as the Los Angeles County area of Rancho Dom~nguez ethmc make-up of the residents of our commumty has evolved over the past fo'rtl (40) years from being predominantly Caucasian ~n the 1960's and first-half of thi 1970's to that of predominantly African-American dunng the late 1970's ~nd 1980's to that of predominantly H~spamc beg~nmng w~th the 1990's through today C~ty of Background - Race Relations & Conflict Beg~nmng as far back as 1963 when the Watts R~ots occurred, the Lynwood has seen increasing wolence between ethmc groups The Los Ange!es R~ots also s~gmflcantly mamfested this ~n 1992 There ~s a considerable number of gangs and amount of gang acbwty ~n the C~ty of Lynwood These gangs parhc~pate ~n vanous wolent crimes including robbery and assault The affihatlon of the members of these numerous gangs ~s pnmanly based upon ethmc~ty Tjhe C~ty of Lynwood has also seen add~bonal non-gang related wolent chines that can be attnbuted to a lack of tolerance between ethn~c~bes Th~s wolence I~as ~ncluded one-on-one ~nterrac~al v~olence such as a shoobng ~n a local retad ou,tlet tOschoollarge-scale wolence such as occurred on Cmco de Mayo at Lynwood H gh Confhct ~s not reserved for any s~ngle age group We have seen confhct ~n categones ~nclud~ng m~ddle school, h~gh school, and adults No s~ngle age group seems to be immune from interracial conflict except the very young, such as ,pre- school and elementary age chddren However, as soon as they reach m~ddle school they beg~n acbng out the negabve behawor Background - Cultural Awareness & Related Activities The C~ty of Lynwood has been at the forefront ~n the development of c~tywldeI programs designed to ~ntroduce the entire commumty to the various culture~ o the residents that make-up the C~ty Programs have been designed aro~n, some of the following · Martin Luther K~ng Jr Hohday through a Quiz, Colonng and Essay Conte..' · Black H~story Month Showcase of Afncan Amencan Entertainment · Cmco de Mayo Fesbvai m the Park · International Day of the Chdd Sports Festival and Play Day · Juneteenth Summer K~ck-Off · July 4th Celebrabon/Internabonal Umty Fesbval · Nuestras F~estas Patnas Programs held at Plaza Mexico, in Lynwood Park as well as on Cesar Chavez Lane e, Kwanzaa Ceremony lh C~ty of Lynwood has also hosted various summits to address gan9 actL ~ty and wolence as wel~ as re~ated top~cs. Discussion & Analysis The c~tywlde special event programs have been successful ~n providing community w~th an outstanding outlet for family entertainment w~th a cultural flavor However, they have not provided any significant relief to interracial si he rfe! and wolence The summits have addressed at some level the challenge ofl ~nterrec~al conflmt However, ~t is only one of numerous components that caL sel gang act~wty and wolence For th~s reason, the issue ~s only touched on at th~sei meetings / ' We may w~sh to consider approaching the ~ssue of ~nterrac~al conflict a b~t1 d~fferently Instead of operating from the premise as we do currently, that ~f iwel provide our residents and community members with a thumbnail sketch of the cultures of the ethnic groups that make up the community through ~ihel, various celebrabon of the ~mportant dates outhned m this staff report then, our communityi wdl automatically ~nteract harmoniously After we enlighten people about various cultures we don't prowde assistance m what to do w~th that ~nformation We don't prowde education on how to interact' I pos~bvely w~th people that have d~fferent behefs or practices When we prov~de~ educational act~v~bes ~t ~s pnmanly d~rected towards pre-school and elementary age youth However, we have fewer challenges w~th these age groups than we' do w~th middle school age youth through our semor c~tizens What we may w~sh to do is to prowde a more ~n-depth process of education such as the diversity training provided by the County of Los Angeles or ~n the are,a oi tolerance as prowded by the Museum of Tolerance We also may want to address greater efforts m educabng and training m~ddle school age and ~g~ school age youth, as well as adults and sen~or c~tlzens We need to educate our community on how to be tolerant of our d~fferences Whatever training or programs are determined for inclusion m the Tolerance Program must be ones that have susta~nab~hty They must include a componen! of follow-up Additionally, staff has ~denbfied an Ad Hoc Committee as a tool for' commumty visioning For th~s type of program to be truly a success ~t must re~cl~ the entire community Fiscal Impact: Costs associated with th~s project w~lt depend upon those act~wt~es that are approved by the C~ty Council JGjg Recreatn'~Agenda items 2005\Tolerance 10 4 05 DATE TO APPROVED BY PREPARED BY AGENDA STAFF REPORT October 4, 2005 Honorable Mayor & City Councd N Ennque Mart,nez, City Chnsty Valencia, Intenm D~rector of Finance SUBJECT Corrective Action Plan relative to Audit Findings Recommendation. 1) Staff respectfully recommends that the Mayor and members of the Lynwo0d C~ty Council rewew and file the Departmental Correcbve Acbon Plan t 2) Staff respecffully recommends that the City Council rewew attached po ~cles for their approval The following pohcles are attached a) Policy on Unclaimed Funds b) Pohcy on Stale-dated Checks Background. During fiscal years 2002-2003 and 2003-2004, Moss, Levy & Hartzhelm, CPA's (the audit firm) concluded that the City's system of internal controls ~s not adequate to provide safeguards of assets and assure proper recording ~f transacbons Discussmn & Analys~s: / In FY 2002-2003, Moss, Levy & Hartzhe~m ~ssued forty-five reportable cond~borls relating to the audit of the flnanmal statements and the audit of the major federal award programs Of the forty-five reportable condd~ons, twenty-sx were corrected and nineteen were reported again as findings m FY 2003-2004 Due t~o the bmm9 of the audit comp~ebon, the correcbve acbons were not ~mplemente~d untd the latter part of the following fiscal year ~ In FY 2003-2004, the audit hrm tssued thirty reportable conditions relating to th audit of the financial statements, of which, e~ghteen are relating to the audit of th~ major federal awards programs Of the thirty findings, s~x of which, have n(~t ~mplemented a correcbve action plan Below are pending items a) Three out 25 cancelled checks lacked endorsement signatures- per the banking msbtubon's response, they can not contro) what or how another bank, grocery/Itquor store, check cashing facility, etc, accepts' checks from customers Therefore, checks could be processed aga~ns;t a USB Account w~thout proper endorsement Due to the bdl~ons of checks that are processed dady ~n a h~gh speed enwronment, verification of each, and every endorsement on a check ~s almost ~mposs~ble b) Receiving department should be separate from the purchas!ng department- ~t ~s recommended by the audit firm that a rece~v,~ng, department be separate from the purchasing department Currently, the C~ty does not have a centrahzed rece~wng department The departm~ent purchasing goods or merchandise ~s also the one who would receive the goods or merchandise upon dehvery c) Written receiving reports are not prepared on all items received- th~s, can be ~mplemented w~th a centralized rece~wng department d) Debit memos are not used for returned good- th~s can be ~mptemente(t w~th a centrahzed rece~wng department e) An employee in the cash receipts department is able to access't, he LRA financial system- LRA ~s under the same cash receipts system, Ithe current system does not have the option to remove cashier's access to LRA A new F~nance system may be able to address th~s ~ssue [ ' f) City requires only one authorizing signature for general city ched, ks- ~f C~ty Councd wishes to change the ex~stmg pohcy to require ,two s~gnatures on all c~ty checks, a new resolution has to be submitted for C~ty Councd's approval Most of the findings are due to human errors, and ~n order to m~n~m~ze th se errors, there w~ll be a need for a staff member to rewew another staff memb~er's completed task Sometimes, ~t ~s more hkely that a person would not catch h~s/her own error especially ~n performing routine tasks The current orgamza~on does not provide departments the pnwlege of hawng another staff membe? perform a rewew of routine tasks In order to ehm~nate audit findings, there ~s a need to re~nforce staffing ~n F~nance Department A more aggressive approach would be creating an ~nte audit team The ~nternal audit team would not only audit the F~nance Departn but also other departments the mai ~ent Another tool to comply w~th audit findings ~s to ~mplement new policies and/or rewse ex~st~ng pohc~es Wntten policies wdl serve as a guide and rem~nde~r to staff members Policies, when implemented, w~ll ~mprove the C~ty's syster~ of ~nternal control may Some audit findings relate to the Home Program These findings be resolved by restructunng the Housing D~ws~on and ~mplement~ng written procedures and pohc~es Part of the Technology Master Plan ~s to replace the F~nance software A new F~nanc~al Management System would help address some of the audit findings The consultants were g~ven d~rection to focus on the F~nanc~al Management System relative to the Technology Master P1an A new system would more hkely allow corrections to the outstanding check register and allow more flexlb~ht~, ~n setbng security password Staff would be bringing back dunng the mid-year budget, some ideas ~mprowng the City's system of ~nterna~ controls Below are items that staff w( hke to bring back at mid-year 1) Re~nforcmg and restructunng staff~n9 m the Finance Departn and look at the poss~bd~ty of budding an ~nternal audit team 2) Restructunng the Housing D~ws~on to ehm~nate ~ssues relabvE the Home Program 3) Report on the cost to create and maintain a Rece~wng DepartmE Fiscal Impact: None on ,uld ent to nt Departmental Corrective Action Plans FY 2003-2004: City Treasurer's Office: · The C~ty Treasurer's Office contacted LAIF and s~gnature cards were updated The City Treasurer's Off, ce w~ll update s~gnature cards when ther~e ~s a change in authonzed signors as soon as reasonably and practicably possible · ~t ~s recommended by the C~ty Auditor that the C~ty require at least ,two authonz~ng s~gnatures for all c~ty checks A new resolution wouldi be necessary if City Counc~ w~shes to Imp~ement th~s recommendabon Finance Department: · The F~nance Department w~ll process stale-dated checks according to ,C~ty policy (see attached draft pohcy) , · All pa~d invoices should be stamped as "pa~d" and warrant numbers and d~tes wdl be noted on the ~nvo~ce Each ~nvolce will be checked again prior to flhng · All voided checks w~ll be stamped as "void" and the s~gnature portion w~l! be removed · Finance staff w~li process payment only for invo~ces w~th futl s~cjnatures Imt~als w~ll not be accepted Each department should prowde a purchasing authority to Finance, which would include the names and stgnatures of authorized personnel ~n their department · Payroll staff w~ll obtain and maintain a completed W-4 form for each employee A random audit of employee files w~ll be performed · F~nance staff w~ll review the back of all cashed checks and w~ll contact the bank for m~ss~ng or inappropnate endorsements Human Resources: · Human Resources staff w~ obtain and maintain completed empk lee apphcabons of all employees h~red by the C~ty · Human Resources staff will obtain and maintain completed I-9 forms w~th supporting documents · It ~s recommended by the C~ty Auditor that pay rates be entered by,the Human Resources Department The programmer ~s work~ng into rews~ng, the Finance system to prowde payroll access, but hmlted to pay rate ~nput only, to Human Resources Development Services: · Development Services staff w~ll utilize the current fee schedule in calculabng construcbon permit fees, ~nspecbon fees or any other fees The calculated fee w~ll be rewewed for accuracy pnor to charging the customer · Development Servtces w~lI obtain and maintain all supporbng documents for ~nspecbon fees · SMIP fees must be reconciled for vahdlty, remitted to the State on a bmely manner and on a quarterly bas~s · The Bus~ness Lmense D~ws~on must obtain and maintain updated business hcense apphcabons Apphcabon form w~ll be checked for accuracy and completeness Data wdl be entered ~n the computer system Computer data and apphcabon form w~ll be verified for accuracy Recreation & Community Services: · Recreabon & Commumty Services w~ll utilize the current fee schedule ~n calculating Bateman Hall rentals Calculabon w~ll be venfled pnor to charging the customer Lynwood Redevelopment Agency: · Lynwood Redevelopment Agency should nobfy developers, compames or agenctes, when entering into agreement that checks should be ma~led to e~ther the C~ty Treasurer's Office or F~nance Department Any payer who ma~ls a check to the Redevelopment Agency w~ll be nobfled accordingly City-wide (All Departments): · Departments should only submit to F~nance Department, ~nvo~ce for payment that has proper authonzabon (full s~gnature), purchase order (If apphcable), account number and ~s budgeted · Departments should submit a completed pumhas[ng authority form to Finance at the beg~nmng of each fiscal year and a revised form whenever a change ~n authority exists · Department Heads, managers or supervisors should not authorize their own expense report, request for reimbursement or petty cash · Departments should charge fees based on the current fee schedule adopted by City Council City of Lynwood CITY COUNCIL POLICY DATED: MAYOR: SUBJECT: Unclaimed Funds Purpose The purpose of thts pohcy and procedure ~s to estabhsh gu~dehnes for processing unclaimed momes Government Code Secbon 50050, et seq prowdes that unclaimed funds which remain ~n the treasury or ~n the custody of the officers of a local agency for three (3) years, become the property of the agency after nobce ~f not cla~med or ~f no verified complaint ~s filed and served There are certain funds that the agency ~s not allowed to keep, such as those pa~d out of grants or resbtut~on to wct~ms Pohcy It ~s the pohcy of the C~ty of Lynwood to pubhsh a nobce of unclaimed mon~es, after the three-year period, for md~wdual ~tems of $15 or more The Accounting D~ws~on wdl submit a report to the leg~slabve body and obtain authorization to transfer unclaimed momes to the General Fund revenue account group Procedures 1 At any bme after the exp~rabon of the three-year period, ~nd~wdual ~tems $15 00 or more must be pubhshed, once a week for two successive weeks ~n a newspaper of general c~rculabon, as not~flcabon that the money wdl become the property of the C~ty after a designated date if ~t ~s left unclaimed The not~ce shall state the amount of the money, and the fund m which ~t ~s held 2 Individual ~tems of less than fifteen dollars ($15), or any amount ~f the depositor's name ~s unknown, which remained unclaimed ~n the treasury or ~n the custody of the C~ty for the period of one year may be transferred to the General Fund by the ~eg~slat~ve body w~thout the necessity of pubhcat~on of a not~ce ~n a newspaper 3 A party of ~nterest may file a claim before the designated date the unclaimed money becomes the property of the Agency The claim must ~nclude the claimant's name, address, amount of claim, and the grounds on which the claim ~s founded and any other ~nformabon that may be required by the C~ty The C~ty shall accept or reject the claim 4 5 6 7 If claim ~s accepted, a new check wdl be issued All onglnal-support~ng documents and claim form should be attached to the check Check will be ~ncluded on the next warrant run and posted to the stale-dated account Escheatment to the General Fund occurs ~f a verified claim ~s not filed by the designated date The designated date must not be less than forty-five or more than s~xty days after the first pubhcabon of the nobce The leg~slabve body wdl be prowded w~th a hst of escheated checks by resolubon Upon approval of the resolubon, Accounting w~ll prepare a journal voucher to transfer funds to the General Fund At least one of the following notabons should be made on all back-up a) Unclaimed Momes-"Pubhshed on by Escheated to the general fund per Resolubon No dated b) Cla~med Momes requests should Include attachment of ongmal backup and claim form to re-~ssued check .) Void back up- "Th~s check was voided for the following reason see re-~ssue Check No Re-write -"Th~s ~s a re-~ssue of Check No which was voided for the following reason City of Lynwood CITY COUNCIL POLICY DATED MAYOR SUBJECT:STALE DATED CHECKS PURPOSE The purpose of th~s pohcy and procedure is to descnbe the process and procedures for stale-dating C~ty of Lynwood general account and payroll checks by the Department of F~nance & Admlmstrat~on POLICY Vendor and refund checks are stale-dated ~f not cla~med w~thm one year from date of ~ssuance Although checks have the pnnted message that checks are VOID after 90 days, banks are considered not I~able ~f a check ~s pa~d to payee after the 90 days The Department of F~nance & Adm~mstrat~on ~s responsible for ensunng that refund checks have been stale-dated correctly ~n the check register PROCEDURE The Department of F~nance and Adm~mstrat~on wdl conduct a monthly ~nventory of checks and pull all expired checks Each vendor account wdl be rewewed before the checks are stale-dated to determine ff the vendor has a balance or any relevant hold such as bus~ness hcense, water/mumc~pal bdl, returned check, parking fine etc All checks quahfy~ng 0 e C~ty, LRA, LII checking accounts and payroll checking account) for stale-dating wdl be stamped "stale-dated" on the face of the check and cut s~gnature(s) from the check In addition, all holds for debts such as parking fines, returned checks, etc, wdl be written on the stale-dated checks The checks wdl then be entered on a Stale-Dated Check Log F~nance personnel wdl compare the log to the attached checks to ensure all checks have been correctly pulled before the checks and hst~ng are forwarded to Accounting "Stale- date" wdl also be entered on the check log Stale-dated refund checks w~ll be processed by the designated staff by entenng a brief comment on the vendor's account ~nd~catmg the date the check was stale- dated and the check amount Refund checks wdl not be stale-dated ~f vendor account(s) have balances Any check pulled due to an account balance wdl be voided back to the vendor's account All stale-dated payroll checks wdl be entered on a journal voucher before forwarding them to the D~rector of F~nance & Adm~n~strabon Entries w~ll deb~t specific account and credit another account A journal entry for stale-dated checks for vendors owing other charges such as traffic fines and bus~ness hcense fees wdl be prepared transfernng the check amount from the stale-dated account to the another specified account Requesbng the replacement of stale-dated checks wdl be accomphshed through Accounbng by complebng a memorandum to F~nance & Adm~mstrabon All required ~nformat~on wdl be ~ncluded on the memorandum The memorandum w~ll be s~gned and forwarded to Accounbng for processing AGENDA STAFF REPORT DATE TO: APPROVED BY: PREPARED BY: October 4, 2005 Honorable Mayor and Qty Council Iv~rr~/e~/s N Ennque Mart~nez, Qty Manager,/'Z/,/C../// ,_..r~ Grant Taylor, D~rector of Developr~ent Serwces ~-- Subject: Vendor Kiosks and Carts at Plaza Mexico 3100 Imperial Highway Recommendation: Staff recommends that the City Council consider the request, accept publtc testimony, and deny amending Resolution No 2004 006 If the Qty Council elects to amend the resolution, d~rect staff accordingly Background: In accordance w~th the Lynwood Municipal Code, Section 13-7 prohibits vendors ~n the pubhc nght-of-way and only permits vendors on private property at special events or selhng documents that are constitutionally protected forms of free speech The Plaza Mexico Development and D~spos~t~on Agreement (DDA) ~dent~fles temporary vendor carts and k~osks w~th~n the project On February 3, 2004 the Qty Council rewewed a proposal from Plaza Mexico requesting temporary vending structures to ~nclude ~ndoor carts, outdoor carts and k~osks The Qty Council was concerned about the design of the structures being consistent w~th the theme of Plaza Mexico, pubhc safety, and regulating such temporary vendor structures The Qty Council adopted Resolution No 2004 06 that sets forth standards and cond~bons of approval Discussion & Analysis: Resolution No 2004-06 ident~fies permitted locations of the vendors, limits the number of carts or k~osks to thirty (30), allows the sale of new retail merchandise, and prohibits the sale of food or beverages The Qty has received a request from Jose S~gala requesting that a vendor cart serving food ~tems (~ e churros, candy, etc) be permitted Due to prows~ons of the Lynwood Municipal Code and standards ~n Resolution 2004 006, staff demed the bus~ness hcense request Cond~bon ~-6 states "The retail carts and k~osks shall sell new retail merchandise only No used merchandise, weapons, paraphernalia, adult materials, food or beverages shall be sold at any t~me" The applicant requests that Cond~bon ¢f-6 be amend of food and beverages H \WORDF[LE/PLAN N I NGISTAF FRPT~memo council plazamex~cok~osks&cart s f~d 10445 doc ~ t__n nllnw th~ safe The reasons for staff recommending no sale of food or beverages from the vendor k~osks and carts be permitted is as follows · Prepared food ~tems reqmre Health Department approval and perm,ts, and · Food ~tems, especially fast food and prepackaged foods, lead to a prohferatlon of litter, and · Food sales from vendor carts may lead to unequal competition as the vendor carts may take away customers from permanent restaurants, and · New restaurants cannot be hcensed at th~s t~me due to the parking deficiency in Plaza Mexico, and · Other commercial centers are not permitted to have vendors If the C~ty Councd elects to allow the sale of food and beverages, Councd may want to consider hm~t,ng such sales to pre-packaged ~tems Pre-packaged ~tems do not have stnngent Health Department reqmrements and are heater and cleaner than prepared food items Following are opbons for the C~ty Council to consider 1) 2) 3) 4) 5) Deny the request and uphold Resolubon No 2004-06 as ~s Approve the request and amend Item #6 in Resolution 2004-06 by deleting the reference to food or beverages Approve the request and amend Item #6 ,n Resolubon 2004-06 to only allow pre-packaged foods and beverages Refer the matter to the Planmng Commission Provide alternate d~recbon Fiscal Impact: None The cost of licenses offsets the cost of enforcement and regulation Coordinated with: Planmng D~ws~on Bus~ness L~cense D~wslon Attachments Resolution No 2004 006 City Council Staff Report 2/3/04 H \WOR DFILE\PLAN N ING~STA FFRPT~anemo cotmcll plazamexmok~oskq&cart s ~od 104-05 doc RESOLUTI'ON NO. 2004.006 A RESOLUTi'ON OF THE LYNWOOD REDEVELOPMENT AGENCY APPROV1'NG THE tNSTALLATI'ON OF RETAI~L TENANT CARTS AND K1'OSKS WTTHZN THE PLAZA MEXZCO COMMERCI'AL CENTER LOCATED AT 3'100 TMPERTAL H1'GHWAY 1'N THE CB-'1 (CONTROLLED BUSINESS) ZONE~ CI'Ty OF LYNWOOD~ COUNTY OF LOS ANGELES~ STATE OF CALI'FORNTA. WHEREAS, the Lynwood Redevelopment Agency (the "Agency'3 promotes protecting the health, safety and general welfare of c~tlzens working and residing In the C~ty of Lynwood; and WHEREAS, the Development and D~spos~t~on (DDA) agreement between the Developer and Lynwood Redevelopment Agency ~dentlfies retail tenant carts and k~osks as permissible; and WHEREAS, the Agency finds and determines the necessity to set forth relevant and apphcable standards and requirements; and WHEREAS, the Agency reviewed th~s apphcat~on and considered all oral and written testimony offered at a regular meetings of the Lynwood Redevelopment Agency held on 3anuary 6, 2004 and February 3, 2004. WHEREAS, the Agency rewewed other c~ties development standards, process, procedures and fees. Section ! The Agency hereby approves the request by Plaza Mexico to install retail vendor carts indoors and outdoors and ~nstall permanent kIosks at Plaza Mexico prowded the following standards and conditions are comphed with and maintained at all times' 1) 2) 3) 4) 5) 6) 7) 8) 9) Retail vendor carts and k~osks shall only be permitted at large commercial retail shopping centers or redevelopment projects Retail vendor carts and kiosks shall be subject to S~te Plan Review and applicable fee estabhshed by Oty Council resolution. No more than ten (10) indoor carts, ten (10) outdoor carts and ten (10) kiosks shall be ~nstalled and maintained. A maximum of thirty (30) structures may be installed and maintained subject to Site Plan Review. The retail carts and kIosks shall consist of the design, style and color on plans and rendenngs approved by the Agency and shall be consistent with the theme established for the Plaza Nlex~co project. The retail carts and k~osks shall be maintained ~n a neat, clean and orderly manner at all t~mes. Such carts and k~osks shall be regularly repaired, painted, stained and shall not fall ~nto disrepair. The retail carts and k~osks shall be located ~n a~sles and/or clusters so as not to obstruct pedestrian access and shall comply w~th prowslons set forth .n the Los Angeles County F~re Code. The applicant shall submit such s~te plan to the Los Angeles County F~re Department for review and approval. The retail carts and k~osks shall sell new retail merchandise only. No used merchandise, weapons, paraphernaha, adult materials, food or beverages shall be sold at any t~me. Each tenant shall obtain a business hcense for each separate cart or k~osk prior to install~ng and operating such retail business structure. Each tenant shall pay a business license fee for each location ~n comphance with Lynwood Municipal Code Section 4-7(p)(2)(c) or such fee as established by the Oty Council prior to ~nstall~ng and operating such retail bus~ness location. The property owner or tenant shall obtain necessary permits from the Development Services Department, Budding &, Safety D~vls~on prior to installat~on and operation of such structures. The property owner(s) and tenants shall s~gn a Statement of Acceptance acknowledg~n9 that they have read, understand and will comply with all conditions of approval set forth ~n th~s Resolution at all t~mes. adopbon. Secbon 2. Th~s Resolution shall become effective ~mmediately upon Section 3. A copy of th~s Resolution shall be forwarded to the property owners Secbon 4. The property owners shall comply w~th all cond~bons of approval of th~s Resolution at all bmes. Fadure to comply w~th such conditions may result ~n approval of the carts and/or k~osks being revoked or modified at the d~scret~on of the Agency. PASSED, APPROVEDf and ADOPTED this 3rd day of February 2004. A-I-r'EST: LOUIS BYRD, Chairman ANDREA HOOPER, Secretary LORRY HEMPE, Executive Director APPROVED AS TO CONTENT: APPROVED AS TO FORM: GRANT TAYLOR, Special Assistant Development Services Department RONALD N WILSON, Agency Counsel STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) I, the undersigned, Oty Clerk for the Qty of Lynwood, do hereby cerbfy that the foregoing Resolution was passed and adoptqd by the Ci~ Council of th~. Qty of Lynwood at a regular meebng held on the ~,-o,~ day of F~ .~r~..~.~ 2004. AYES: NOES: ABSENT: ABSTAIN: Qty Clerk, Qty of Lynwood STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) )ss ) I, the undersigned, Qty Clerk of the City of Lynwood, and Clerk of the Qty Council of said City, do hereby cerbfy that the above and foregoing is a full, true and correct copy of Resolubon No. on file in my office and that said resolubon was adopted on the date and by the vote therein stated. Dated th~s day of ,2004. CIb/Clerk, CIb/Of Lynwood DATE' February 3, 2004 TO' HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY FROM: Lorry Hempe, Executive D~rector Grant Taylor, Special Assistant/Development Services SUBJECT: DESIGN CONCEPT REVIEW: Request for Retail Carts/Kiosks 3100 Imperial H~ghway (Plaza Mexico) COMMENTS On January 6, 2004, the C~ty Council rewewed a proposal from Plaza Mexico requesting approval of thirty-three (33) portable retml tenant structures utd~mng ~ndoor carts, outdoor carts and permanent k~osks located at 3100 Impenal Highway in the CB-1 (Controlled Business) zone. The Council was concerned about the design of the k~osks and carts being consistent w~th the theme of Plaza Mexico. In addition, the Councd directed staff to contact other c~t~es for ~nformabon to ~nclude permitted use, development standards, design and fees. FACTS 1) The Plaza Mexico property ~s bounded by Imperial H~ghway to the north; the 1-105 Freeway to the south; State Street to the west; and the Lynwood Towne Center to the east (west of Long Beach Boulevard). 2) The Plaza Mexico property totals approximately 29.47 acres or 1,283,665 square feet ~n area. Plaza Mexico has been subdivided ~nto five (5) parcels and are developed as follows: Parcel #1: Parcel #2: Parcel #3. Parcel #4: Parcel #5' 2-story Multiple Tenant Retail Center (207,191 sq. fl..); Building B-4 (40,976 sq. fi: ) Budding B-8 (32,250 sq. ft.) Lynwood Towne Center (Food for Less, R~te Aid, etc.) Hometown Buffet Restaurant (15,000 sq. ft.) Annex Building (El Gallo Giro, Banco Popular, Check Cashing) Chuck E. Cheese Restaurant 8, Water Well #6 3) The General Plan Land Use Designation is Commercial which is consistent with the CB-~i (Controlled Business) zoning. 4) Plaza Mexico proposes to ~nstall portable retml tenants ut~hzmg outdoor carts, ~ndoor carts or permanent k~osks. s) If the Agency grants approval of Design Concept, the applicant would then be required to obtain bus~ness hcenses for each cart or k~osk prior to installation DISCUSSION The s~te plan ~nd~cates the ~nstallat~on of retad tenant carts ~ns~de the multiple tenant retail building, carts outside buildings along the walkway near the main entrance off Imperial H~ghway and permanent kiosks outside buildings. A total of thirty-three (33) carts and k~osks are proposed as follows: Structure D~menslons Quantity Outdoor Cart 4' X 8' 14 Indoor Cart 5' X 5' 9 K~osk 10' X 10' 10 TOTAL 33 The s~te plan indicates locations of the tenant retail structures. Indoor carts are within the Marketplace building at entrances, outdoor carts are located ~n rows along the walkway leading front the Marketplace building to the rear of the Towne Center, and Kiosks are located on the walkway adIacent to the rear of the Towne Center and the rear of the Marketplace building. Elevations of the carts md~cate wood frame w~th shelves and drawers and a roll down security panel Elevations of the k~osk ~nd~cate wood frame, canvas roof and mesh security doors. Attached are color rendenngs of the indoor carts. Staff and the City Council has concerns relative to the design of the outdoor carts and kiosks as the Plaza Mexico theme ~s that of Old Towne or Pueblo type design elements. The Development and Disposition Agreement (DDA) ~dent~fies portable retml carts as permissible m Plaza Mexico but does not set forth design standards or hm~t number of structures. The Lynwood MumcipaI Code does not d~rectiy address kIosks or carts, however, the retad structures appear to fall under the classification of "peddlers" pursuant to the defimt~on ~n Lynwood Municipal Code (LMC) Section 4-2 LMC Section 4-6 requires a separate bus~ness hcense for each place of business or concessionary. LMC Section 4-7(p)(2)(c) sets forth dally, quarterly and annual bus~ness hcense fees for each location. SURVEY OF OTHER CITIES Staff contacted other cities t¢ obtain mformat~o~ pe[~a~nlng cu entitlement, standards and fees Cit~es with malls or large commercial centers generally permit kiosks and carts Following is a brief summary. Qty .Review Process Code Standards Fees Zoning permit over counter See attached w~th plans & apphcat~on $ 80.00 plus Bus. L~cense Huntington M~nor Conditional Use Permit Park before Planning Commission See attached $800 00 plus $100 per cart Lakewood Zoning approval over counter w~th floor plan None ~ns~de and awmng/canopy Outside $100 per cart Carson No zoning rewew Not ~n code Bus~ness L~cense over counter Allowed ~n mall Bus. License only Lynwood Zoning - S~te Plan Rewew - (Proposed) Administrative See attached Resolution $571 plus $200 per cart The or,es of Irv~ne and Huntington Park have clearly ident~fied standards that are apphcable to this proposal. Other oties have httle or no standards OPTIONS The Agency has several options to consider including the following: 1) 2) 3) 4) Approve the proposal subject to conditions set forth In the attached resolution; or Approve the proposal and add or modify condit~ons and/or fees; or Deny the proposal; or Continue the ~tem and d~rect zomng ordinance amendment. RECOMMENDATION Staff recommends that the Agency select Option #1 and approve the design concept subject to s~te plan review and the attached resolution, and require a bus~ness hcense fee to be pa~d for each cart or k~osk ~n accordance w~th Lynwood Municipal Code Section 4-7.