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HomeMy Public PortalAbout2001-09-24CC_spa f ~`• 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 SPECIAL MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON September 24, 2001 BATEMAN HALL 9:00 A.M. PAUL H. RICHARDS, II MAYOR RICARDO SANCHEZ MAYOR PRO-TEM LOUIS BYRD COUNCILMEMBER CITY MANAGER RALPH W. DAVIS III CITY CLERK ANDREA L. HOOPER ~~ ~ y P~~~ r2ECEIVED CITY OF LYNWOOU CITY CLERKS OFFICE SEP z o ~~r, ~+~~9i10all~12r1~2~gi4i5~ ~.rka~.ea, o~ ~-~r~. ARTURO REYES COUNCILMEMBER ' ARMANDO REA COUNCILMEMBER CITY ATTORNEY SHAN TH~VER & ASSOCIATES CITY TREASURER IRIS PYGATT OPENING CEREMONIES CALL TO ORDER 2. ROLL CALL OF COUNCIL MEMBERS Louis Byrd Armando Rea Arturo Reyes Ricardo Sanchez Paul H. Richards, II 3. CERTIFICATION OF AGENDA POSTING BY CITY CLERK PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIVE 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 54950-54962, Part III, Paragraph 5.) 4. STATUS OF EL FARALLON RESTAURANT AND DANCE HALL 3551 MARTIN LUTHER KING JR. BOULEVARD Comments: Pursuant to City Council and City Manager direction, staff performed an inspection to assess the status of the business, reference code requirements, and identify options pertaining to the Farallon Restaurant and Dance Hall. Recommendation; Staff respectfully recommends that the City Council consider the business status, consider the history of issues, consider LMC standards and requirements, request the City Attorney to research and advise, direct staff on a desired course of action at a future meeting. 5. INCREASE CONTRACT CHANGE ORDER APPROVAL LIMITS Comments: Additional improvements are necessary on the Bullis Road Improvement. In accordance with section 6-3.15 of the Lynwood Municipal Code, staff requests that the City Manager change order approval limit be increased to avoid construction delays. Recommendation: It is recommended that the City Council adopt the attached resolution entitled: " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN INCREASE IN THE CITY MANAGER'S CONTRACT CHANGE ORDER APPROVAL LIMIT TO $110,000 FOR ANY ADDITIONAL WORK ON THE BULLIS ROAD IMPROVEMENT PROJECT, PROJECT NUMBER 5-5138, FISCAL YEAR, 2000-2001 ". 6. CONSULTING CONCEPT REVIEW Comments: To have the City Council review and direct staff concerning a proposal from Patricia Shields to provide consulting services to the City to assist in the development of Childcare Centers. Recommendation: Staff respectfully recommends that the City Council direct staff accordingly concerning the attached proposal for consulting services. ADJOURNMENT MOTION TO ADJOURN TO A REGULAR MEETING TO BE HELD ON OCTOBER 2, 2001 AT fi:00 P.M. IN COUNCIL CHAMBER ROOM, CITY HALL, CITY OF LYNWOOD, CALIFORNIA. ~"~SnrX/ 5 9-z ~I DATE: TO: FROM: BY: SUB]ECT: PURPOSE September 24, 2001 Honorable Mayor and Members of tf Ralph W. Davis III, City Manager G Joseph Wang, Public Works Director Grant Taylor, Senior Planner ~En~y Status of EI Farallon Restaurant and Dance Hall 3551 Martin Luther King ]r. Boulevard Pursuant to City Council and City Manager direction, staff performed an inspection to assess the status of the business, reference code requirements, and identify options pertaining to the EI Farallon Restaurant and Dance Hall. PROPERTY PROFILE The subject business is located at 3551 Martin Luther King Jr. Boulevard in the CB-1 (Controlled Business) zone. The subject property is part of Lynwood Plaza, the triangular shaped parcels bounded by Martin Luther King Jr. Boulevard to the west; San Luis Avenue to the east; Abbott Road to the north; and Norton Avenue to the south. The property totals 551,890 square feet or 12.67 acres in area. The subject business is located within a multiple tenant structure and totals 14,778 square feet in area. The business contains expansions contrary to the Lynwood Municipal Code and has a long history of penal issues and police incident reports. BACKGROUND The subject restaurant and dance hall has a long history. Zoning, building and business license records are not extensive and some details/records are not present. Following is a brief summary of events based on available records and recent inspections: 1991 Hermelio Franco purchases an existing restaurant and dance hall. The business license is a business owner transfer and the alcohol license was aperson-to-person transfer. At that time, the business was located at the rear of the structure and was approximately one-third of its present size. 1992 A building permit application was made by the applicant and issued by staff at the counter to expand into other tenant spaces to the south at the rear of the building. 1995 A building permit application was made by the applicant and issued by staff at the counter to expand west to the front of the building and provide access off Martin Luther King Jr. Boulevard. 1999 The business owner submitted an application for a conditional use permit to expand the existing restaurant and dance hall. Later the application was determined to be in violation of code requirements, was rejected, and the filing fee refunded. H:\WORDFILE`,PLAVIIT\G ST.4FFRPTmemo.elfarallon.Status.doc ~mC./tt. , °r March 13, 2001 The Lynwood Planning Commission approves a zone change from CB-1 (Controlled Business) to C-3 (Heavy Commercial} and a Conditional Use Permit to allow an expansion of 2,890 square feet that would provide a total area of 17,818 square feet. May 15, 2001 The City Council denied Zone Change No. 2000-03 and Conditional Use Permit No. 2000- 31 became moot. The applicant presently continues to operate the restaurant and dance hall and serve alcohol without a conditional use permit; and continue to provide live entertainment without City Council approval of a permit for such use. DISCUSSION AND ANALYSIS On September 19, 2001, City of Lynwood and Los Angeles County staff members performed a multiple department inspection of the premises. The inspection team included representatives from Planning, Building & Safety, Code Enforcement, Fire Department and Health Department. Following is a brief summary: • The fire department did not note any violations at the time but requested the business owner to submit his five (5) year fire sprinkler testing report and a copy of the approved fire sprinkler plans. • The Code Enforcement Division noted an unauthorized sign and poorly maintained signs. • The Health Department said no violations were present. • Building and Safety violations include unauthorized partition walls and illegal electrical wiring on the stage. • Zoning violations pertain to expansion of a nonconforming business contrary to LMC requirements. City records do not contain approval of a conditional use permit for a dance hall or alcoholic beverages or City Council approval of a live entertainment permit. To summarize, it appears that the primary issues with the business pertain to zoning entitlements and penal code issues. LMC Section 3-13.3(0) defines a public nuisance as "the violation of a provision of the Land Use Regulations as set forth in Chapter 25 of this Code, as amended." By current LMC standards, a dance hall is permitted in the C-3 zone subject to a conditional use permit; alcohol sales require a conditional use permit; and live entertainment requires permit approval by the City Council. The business owner does not have a CUP or live entertainment permit. The business currently has four (4) active business licenses. At the time the business was purchased, it appeared to be a legal nonconforming business. The former business was operating as a restaurant with a dance hall area in the rear of the building with no access from Martin Luther King Jr. Boulevard. The Lynwood Municipal Code (LMC) does not permit expansion of nonconforming structures or land uses but does permit continuation of such uses. Expansion of such a land use would require such use to conform to present code requirements. The business owner recently attempted to meet current LMC standards by applying for a zone change and conditional use permit. H:.VJORDFILE'PLAV\INGSTAFFRPTmemo.ellarallon.stams.doc 2 The two (2) structural expansions in 1992 and 1995 were done so, over the counter without a properly issued conditional use permit. Business licenses have been issued annually for the past ten (10) years. OPTIONS It appears that the City Council has a number of options in addressing this situation. Following is a brief summary: 1) Determine that the business is a public nuisance and initiate nuisance abatement proceedings. Attached is a copy of LMC Section 3-13 that sets forth abatement procedures and findings. The City Attorney's Office should be consulted to research and provide legal advice. 2) Determine that the expansion entitlements for zoning and building were given in error and/or improperly obtained in violation of the LMC, rescind such entitlements and close the business. The City Attorney's Office should be consulted to research and provide legal advice. 3) Wait for the business license to expire on January 1, 2002, and require any application for business license renewal to come before the City Council for review. 4) Require the property owner to submit another Conditional Use Permit and Zone Change application to legalize the existing operation. 5) Determine the business is nonconforming and do not initiate enforcement actions. 6) Determine that a revocation of the business license is appropriate. Attached is a copy of LMC Section 4-9 that sets forth revocation procedures and findings. The City Attorney's Office should be consulted to research and provide legal advice. RECOMMENDATION Staff respectfully recommends that the City Council consider the business status, consider the history of issues, consider LMC standards and requirements, request the City Attorney to research and advise, direct staff on a desired course of action at a future meeting. Attachments: Location Map Site Plan Floor Plan Business Licenses LMC Section 4-9 (Business License Revocations/Suspensions) LMC Section 3-13 (Nuisance Abatements) H:',Vs'ORDF[LE PLAKNIKG STAFFRPT memo.elfarallon.Status.doc 3 ~€~CpTEON Md~P ~. 1,, ~ b 3 1 !!~~ M IS., S ~ i ~~ Q ~pY•^r~~!~ ~ ~ I~I~' ~1r N ~ ~l ~r~~ ~\ ~ ~ '.1O[Ia~A~~• ~.. ~ ~f !u1 SU rt,~o..d.r tea: irn' {. ~ o JS n 1 r' ~ , 1 S! , GgGp 1.: -, _ 6f I "'•'Id SJ 9 _ N 07 '~ ,,~y d r '~ ~'~ ti <6~sNa ~= 3S' ~j~ .. ~~~~ o' .~ \ ~ J~` ~~ ~.,0'' BRENrON ° 4~ \ '~ ~a ., ~ ,~I ~ :1 ]r JO ~ : q I f29 •~ ,0 ~ ~f e ~ ~ ., A m Ro \ o ~~ ~ e/ ° 62 i 6J 64 I 6f 7 r~ ~d 'ti""~~ ~ I I3a~; a ''t r.. -_lro~x,r ~e~~~.S/~M~~ ;I;Spi..i~..Sfdih.5~ mo ...1 l J~)J /JI .'eb 11 Q'~q ' So ~ So i <> SJ :o ~ s ru 90 ~ 11000 ~ i ~ ~ x I m i`so ~ tc' 'sa ~. ;c i so ~~ ~ j po ; jo '~ _J.z ~~ ~ t _ ~ o Aeeorr I ~ I I ', - Y 9<>G v DT.29 L ~ se ~- ~ = ~ ~ I i ,~,e~z , 2e rm r ; . ~ ~ Jd ~~ I , 2 0 >~lJ I 2/~/ Q , o~ /I,~ Q --- ~ ~I W Q /ci 209/ J r rO>. i i !I re~~i er ~~ a /9 /~ J iII1I II J111 ro-rr. ` /B r r :; rb? 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NO 1 ~ _ ~ ~ h rl 7 ( r ~ ; ~ M r/1 ,, M+ 'l , M : r. ~' ~ ~ ~ ~ ~~ ~I rr rf C'~ ~ - -l I~ o ~ f ~ t~Y ~". . ~ JD/~I ~~ i ~ ,\ J`' ~ :,( 0 I ~ - ~ v c ~ f0 SG .) sJ SD SG id/er r., ` ~ ~ v 6 C\ lI C ~ ~/ i l ~ _ ~ ~: r ~ \ ~ dq ~~I SO n ~Sl ~~ '/Ua 0 J X521 :) ~SQ ~ 5 i J v L rtl,. -, 36 57 ' f\~ c+y '~ 6C ~I'' ~ ~' ~37 - ,1t' ~ \b \ .li. I~/ / r o ~ ~~ ,~ 4 I. i~ ~.srsvrsa x-~- - v.. .'. _ y _ ~ J _ ~I~, .. ;. I : ' ,, ~, ~, _~ .z' :--~~_~ ~i_ I Casc No. STATUS OF EL FARALLON RESTAURANT & DANCE HALL Site Address: 3551 Martin Luther King Jr. Boulevard Applicant Name: City of Lynwood i' ~; I ~~`+ a ~!;: G: jf~ ~ 1 1,. I . ~ ~ ~ . l i f 2 F~u, ~. w .~ ~ ,~ til Q J f J ~ ~ ~~ `t pZi :7 Ii HO.fO -~~ ' x539 ~ ~~ ~. "~*~` ~ I t n f: r' / I. aesac o ,' I~ ~; oFO , ''4. m 6Z o I~,' ti ~ f` ~; ~ j w I x:35 ~: .'_~ ~~ ~h~~ ~~ 060 ~ ; 'Pt '~~, F: M 1~ IJ 6 ; i L ~." i, iw ro e'S~~ ~' ti // ~r ac ~ I 3 ~ ~. ~, .!~~^. ~' r~,~ ~r~ o ~ II yV II [ ] 300' or [ j 500' P.aciiu,, ~/]ap EL FARALLON RESTAURANT & DANCE HALL 3551 Martin Luther Kinb Jr. Boulevard ' Ii i I+ II 1= II 1991 Business ~` II I.: III I~ f L_n r, - _ --~ I~~e ~i ~S.~~I~~ i12~ ~ ~I ~,,, 11 ,. II Ih " ~. r. ~~ o I' >- n ~ ~, ~- 1i ~611~ ~ ~' `I ~ 7 ~ F K ~ g ~Ia ~,°~~ ~ is : ,~'~ Ls'fe Is - Bj~ I 'sg. - = ,I !- ~ e ti I ~ I FFI- F5i s ~-~ ~•. -r i a_ 3, I~ s` L- £ :s~- I ~: • Vii- s F :1; s y. ~ ^~y .~ 66 6 6i_ j ~!'- - ~ i~ -ri_ -' 1~. - ! ~ - ___~__ ~, ~~ °'~_- _- 1~' Expansia» -sn~------- -~ j __ __~________ ~--~~--r ~~ ~~ I~ % ~-- ry y~ r r i I _ - _ 'JC I' E. - _ .. - ' IJ r ~ ~~ ', ,!, ~ +~~1. ~~ _f rt-- ~ _ ~ ~ ~~, !f'4 r - $~~~',~ ' - Ivy Gl z I - y I- -j ~ _.j i -; I - _-- -------- { I .:_,~ .._„ ~ T L _ ~ F r f q' _ 4~ I Y _ l ~ ./~ ,1 I-~ ~`' i - I ~.~: !'J .. - - i -- 7 I plf , -,- EL FARAL_..t; RE fhllrZANT I I . c 'f~~ 3551 E I.V•R?~~ 1 f RKi:; BJLEVARp I it !t)SDE '.f~_i~~n! YI: 1.4 I E ~`~ f~. ~v.x,.w.~ LYE.... r IFO :. .. .. ,_-.._.__. .__ _ _. _ ~~ ELECTRICAL SYMBOLS ~i ~ - Pole and double light ~,I ~~Li ~I1'N ~ p ,~A~., I ~ = Pole and single light ~~~ / EL FARALLONNIGHT CLUB '~ ~ = 8 f't. Fluorescent lighting @ 10 fi. art center ~~~~ AND RESTAURANT ~' = 4 -Henry duty lighting at rain- ~ \ ` y~s~~' 3551 Martin Luther King Jr. Bfvd. ' ~~o` ~ Lynwood, Ca 90262 NOTE; ~ ~d ALL LAMPS WATTAGE WILL BE INCREASE ~O~ ~a ~ ; ~ s~~j PROf'IDF. MA.YIMUM BRIGHTNESS. ~~° ,* '~ -- ~ ~ ~, _ __ ~, ~ ~d -----= ~~I~ ~ ~- ,~ C i I Illl I Q~o~'~w ~ ~~~~~~~ ~~~~~~~ .--- '_- IlFF51',~lifWt~~~ _ ~ f>iii%/ ,~// a! ~~ ~ _. ~~~~~~`~°= ;-- ~ + / ,~ ~ ~ ~~ ~~~~~ ~~~/ ~ MARTIN LUTHER KING JR. BLVD. ~ ~' ~~ Draftech Desian Co. PLANNING & DESIG ~ ~ ~ ~ ~ ~ ~ p ~ N A050 E FLORENCE AVE., SUITE 8206 ~~( E (South Building) DOWNEY, CA 90240 (562) 926-5016 S CITY OF LYNWC~D Business Licf'"';e 8 Certificate of Fire ~iearance The person, fine or corporation named below, whose residence or place of business is located as shown, having this day paid all requrred tees, is hereby granted license to engage in the business, protess~on, occupation, trade, or exhibition named, in the Cily of Lynwood, for the perod indicated. Issuance of license is not an endorsement, nor certification of compliance with applicable ordinances or laws. BUSINESS NAME: EI Farallon Restaurant DESCRIPTION: Restaurant euslNESS LOCATION: 3551 Martin Luther King Jr BI Effective Date: Ol/Ol/Z001 Lynwood CA 902152 Expiration Date: 01/01/2002 tUSINESS OWNER: Hermillo Franco Date of Original License: 09/04/1991 EL FARALLON RESTAURANT 3551 MARTIN LUTHER KING JR BL LYNWOOD CA 90262 LICENSE NO: (1()8443 No. of Employees: 0 License Fee: 300.00 Fire Clearance Fee: 240.00 Penalty Foe: TOTAL AMOUNT PAID: $ 540. UO .-,~ ~ '°''_~ v License Collector POST IN A CONSPICUOUS PLACE AT BUSINESS LOCATION NOT TRANSFERABLE CITY OF LYNWOOD Cert fcate of F re Clearance The person, firm or corporation named below, whose residence or place of business is located as shown, having this gay paid all required fees, is hereby granted license to engage in the business, profession, occupation, trade, or exnibition named, in the City of Lynwood, for the period indicated. Issuance of license is not an endorsement, nor cerification of compliance with applicable ordinances or laws. BUSINESS NAME: El Farallon DESCRIPTION: Dance/Entertain BUSINESS LOCATION: 3551 Martin Luther King Jr Bl Effective Date: 01/01/2001 Lynwood CA 90262 Expiration Date: Ol/01/2002 BUSINESS OWNER: Hermilio Franco Date of Original License: 09/04/1991 EL FARALLON 3551 MARTIN LUTHER KING JR BL LYNWOOD CA 90262 ,~ ~' S ~ LICENSE NO: 008442 No. of Employees: U License Fee: 450.00 Fire Clearance Fee: Penalty Fee: TOTAL AMOUNT PAID: $ 450.00 License Collector POST Irl A CONSPICUOUS PLACE AT BUSINESS LOCATIc~N NOT TRANSFERABLE CITY OF LYNI~OOD CertB Cate of Fire Clearance The Iverson, firm c~ corporation named below. whose resuic ~:ce or place of bus Mess is loc::'ed as shown, hav ng this day paid ;~ required fees. s hereby granted license fo r nr,age in the bus rest, professon, occupation, .r-,de, or exr~i~iYon named, in the City of Lynwood, for the per ,d indicated. Issuance of lica: a > not an endorsNnien!, nor <. ~tifica.;,cn c` compliance with applicable ordinances or laws. BUSINESS NAME: LI Faralli~n DESCRIPTION: T~iclea Games BUSINESS LOCATION: 3551 !1~/artiii I_ut/1er 1~rng.1~' B~ Effective Date: OI/(ll/2001 Lt~nwood r~~l 90262 Expiration Date: 01/01!2002 BUSINESS OWNER: A[I!'la~lcl Franco Date of OriginalnLicense: OU/Zrlil999 .rte a' EL F:ARALLON 3551 MARTIPI LUTHF_F: KING ~R BL LYNWOOD C:A 90?E~~ `_ LIr;FNSE NO: (1(1235 l No. of Employees: 0 License Fee: 200.OU Fire Clearance Fee: Perr:rlty Fee: TOTAL AMOUNT PAi!): ~, 2rl0.1r~1 I ~~ - .~- License Co.'.^~~tor POST IN A CONSr'!CU~U:, •~. - ';: ~~T :U.';It:" .': LOCATIOtJ 3-13 LYNWOOD CITY CODE 3-13 NUISANCES: 3-fl3.I lPu>ipose And Intent: The purpose of this Section is to provide for the abatement of hazardous, uns;,nitary or unsightly conditions which affect the life, limb, health, property, safety and welfare of tl,c general public in such a way as to constitute a nuisance, and is based upon the following fit,dings: a. The City has a history and reputation of well-kept properties, and the property values and the general welfare of this co,Timunity are founded, in part, upon the appearance and maintenance of property. b. There is a need for further emphasis on the mainten;Z,.,ce of a number of premises because conditions hereafter described have been found from place to place throughout the City. c. These conditions are injurious and inimical to the public health, safety and welfare of residents of this City and require substantially €,-eater protection against hazards and diminution of property values, prevention of crime and the pi•eservatio,t of public health, safety and welfare and maintenance of police, fire and accident protection. These problems a,•e becoming increasingly direct and substantial in significance and effect, and the uses and abuses of lu•op~rty reasonably relate to the proper exercise of tl,e police power in the protection of health, safety and welfare of public. d. Unless corrective mea;;ures are undertaken to alleviate these conditions and particularly to avoid future problems in this regard, tt,c public health, s,.tfety and l;eneral welfare and the property values a~,cl ;octal and economic levels ~~f the community wil] be advr;r>:ety affected. The abatement of these condition:: will enhance the apl~.;arance and value of properties rather than be a burden on the owners, and the abatement of such conditions will also appreciate the values and appearance of neighboring properties and benefit use and 326.2 Rev. Ord. Supp. 1/~~~ PUBLIC SAFETY REGULATIONS 3-13~ enjoyment of properties in the general area and will improve the general welfare and~image of the. City. (Ord. #1329, §2) 3-13.2 Declaration of Public Nuisance. All property maintained as described herein is declared to be a public nuisance and shall be abated by rehabilitation, demolition, removal or repair pursuant to procedures set forth in this section. These procedures shall not be exclusive and shall not limit or restrict enforcement of other provisions of this Code or abatement of public nuisance in any other manner provided by law. The term "public nuisance" shall mean any of the following conditions or acts: a. Any public nuisance known as common law or in equity jurisprudence. b. Any attractive nuisance dangerous to children, whether in a buildin„ on the premises of the building or upon an unoccupied lot. This includes any abandoned well, shafts, basements or excavation; abandoned refrigerator and motor vehicles; any structurally unsound fences or. structures; any lumber, trash, garbage, rubbish, refuse, fences, debris or vegetation which may prove a hazard for inquisitive minors; abandoned and broken equipment; and hazardous pools or ponds. c. Whatever is dangerous to human life or is detrimental to health as determined by the health officer. d. Overcrowding a room with occupants. e. Insufficient ventilation car illumination. f. Inadequate or unsanitan~ sewage or plumbing facilities. g. Lncletuiliness as determined by the health offcer. h. VJhat;~ver renders air, food or drink unwholesome c>r detnmental tc~ the health of human 1~eings :~ dr~cnruned by the health officer. i. Any condition or use of premises or of building exteriors which i~ detrimenT<a w the property of others. This includes, but is not limited to the keepin;t or the depositing on or the scattering aver the premises of anv of the following: 1. Lumber, junk, trash nr debris (except in the case of lumber or junk, where the storing of such material is specifically permitted by the zoning regulations applicable to the premises and where the material is being storc:l in such a fzshion as to not constitute a nuisance as that term is otherwise defined u~ this section); 3~7 f l `'d- Rev.Ord.Supp; ~1~0 3-13 LYNWOOD CITY CODE 2. A service station that is not currently being operated as such and the condition of which presents a health or safety hazard; 3. Abandoned, discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; 4. Any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition. j. Dry or dead scrub, dead trees, combustible refuse and waste or any material growing on a street, sidewalk or upon private property, which by reason of its size, manner of growth and location constitutes a fire hazard to a building, improvement, crop or other property, or when dry will, in reasonable probability, constitute a fire hazard. k. A swimming pool, excavation, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water means water contained in a swimming pool, excavation, pond or other body of water, which includes but is not limited to bacterial growth, including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers and any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition. 1. The intentional outdoor burning of any material, structure, matter or thing unless specifically authorized. rn. Refuse and waste matter which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which would :r.aterially hamper or interfere with the prevention or suppression of fire upon the premises. Refuse and waste means unused or discarded matter and material having no substantial market i~alue, and which consists of such matter and materials as rubbish, refuse, debris and matter of any kind including but not limited to rubble, asphalt, concrete, plaster, title, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal ar~d other pieces of metal, ferrous or nonferrous, furniture, inoperative vehicles and parts, trimmings from plants and trees, cans, bottles and barrels. n. The violation of a provision of the following uniform codes which leave been adopted as amend;:;' by this City: 1. Uniform Building Code; 2. National Electrical Code; 328 Rev.Ord.Supp.3/90 PUBLIC SAFETY REGULATIONS 3-13 3. Uniform Fire Code; 4. Uniforrn Housing Code; 5. Uniform Plumbing Code; 6. Uniform Mechanical Code. o. The violation of a provision of the Land Use Regulations as set forth in Chapter ZS of this Code, as amended. p. The maintenance of land in such a manner as to fail to prevent its use for riding of motorized bicycles and scooters and similar vehicles upon it, creating noise and interference with the use and enjoyment of other property in the neighborhood and/or endangering the health and safety of the riders or other members of the public. q. The existence of any of the following conditions: 1. Buildings which are abandoned, boarded ttp, partially cicstroyed or left uru•eascmably in a state of partial construction; 2. Unpainted buildings causing dry rot, w,irping and termite i,tfestation; 3. Broken windows constituting hazardous conditions and inviting n-espassers and malicious mischief; 4, c"yvergrown vegetation likely to attract rodents, vermin ~~r oth?r pests or causing a har•trdous condition to pedestrian or vehicular traffic; 5. Dcad, decayed, diseased or hazardous trees, weeds and debris; 6. Trailers, campers, boats and other mobile equipment stored for unreasonable periods in front yard areas; 7. Ilioperable or abandoned motor vehicles stored for unreasonable periods on the premises other than a vehicle completely enclosed in a building in a lawful manner or stored iri a lawful manner by a licensed dismantler, vehicle dealer or junkyard operator; 8. Broken or discarded furniture and household equipment in yard area for unreasonable periods; 9. Clotheslines in front yard areas; 329 Rev.Ord.Supp._i/90 3-13 LYNWOOD CITY CODE 10. Garbage cans stored in front or side yards and visible from public street and rights-c-f-way; 11. Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods; 12. Neglect of premises to spite neighbors, to influence zone changes, or to cause detrimental effect upon property or property values; 13. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined in Civil Code Section 3480. 14. Property including but not limited to building exteriors which are maintained in such condition as to become defecti~~e and unsightly or in a condition of deterioration or disrepair. This includes but is not limited to the keeping and disposing of or the scattering over the property or premises of (i) lumber, junk, trash or debris; (ii) abandoned or discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; (iii) stagnant water or excavations; or (iv) any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition or inappropriate location; 15. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties; 16. Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments and social and economic maladjustments to such an extent that tl~e capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein. (Ord. #1329, §2) 3-13.3 Notification of l~uisance. W}~enever the City Manager finds that any premises in the City are being maintained as a public nuisance, he shrill wive written notice to the owner of the property setting forth a brief description of the condition(s) constituting a public nuisance and the sections being violated. The notice shall set forth a reasonable time linut for correcting the violation(s) and may also set forth suggested methods of abatement. If the ~~wner fails, neglects or refuses to comply with the notice, the City Council stall conduct a hearing to determine whether the condition of the property constitutes a public nuisance, the abasement of which is appropriate under the police power of the Ci±y. 'votice cif the hearing shall be served upon the owner. As used in this chapter, unless otherwise indicated, th,_ term "owner" shall tneaii any person owning, leasing, occupying or having charge or possession of 330 Rev.Ord.Supp.3/90 PUBLIC SAFETY REGULATIONS 3-13 the affected real property and any person having a financial interest in the property as listed in a title search. (Ord. #1329, §2) 3-13.4 Manner of Giving Notice. a. Service of all notices under this chapter shall be upon the owner of the property at his Last known address, either by personal delivery or by depositing a copy of the notice, enclosed in a sealed envelope with the postage thereon fully prepaid, in the United States Postal Service. If there is no such address, notice shall be mailed to the owner at the property address. Service by mail is complete at the time of deposit in United States Postal Service. Failure of any person to receive such notice shall not affect the validity of any proceedings hereunder. b. Notice of the hearing before the City Council shall be served upon the property owner not less than ten (10) days before the time fixed for the hearing. Notice of the hearing shall be substantially in the following format: y "NOTICE OF HEARING TO ABATE NUISANCE" NOTICE IS HEREBY GIVEN that on the day of 19_ at the i~our of 7:3() p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Lynwoc,d will conduct a public hearing in the City Council Chambers of the Lynwood City Hall, 113.f~Bullis Road, Lynwood, California to determine whether the 1 located at cl~ scribed as: rea property (Street address), Lynwood, California, more particularly (Legal Description) constitutes a public nuisance subject to abatement by the rehabilitation of tt~e property, removal of trt+tih ur debris, or by the repair or demolition of buildings or structures situated thereon. The alleged conditions constituting a public nuisance are the following: (Describe conditions) if the property, in whole or in part, is found to be a public nuisance, :and if the public nuisancr is not ahatc:d by the owner or person in charge thereof as directed by the City Council, then it shall he abated by the Ciry, in which case the costs incurred by the City wil! be assessed upon the property and shall become a lien against the property until paid. 331 Rcv.Ord.Supp. x/90 3-13 LYNWOOD CITY CODE All persons having any objection to, or interest in, this matter may appear at the hearing, at which testimony and other evidence will be taken and given due consideration. DATED this day of CITY OF LYNWOOD City Manager (or Designee) 19 c. The City Manager, in his discretion, may combine the notices required by subsection 3-13.3 into one notice, or he may give both such notic-es at rite same time. d. `'V}tere the City '.Manager deternunes that the condition of the property presents an imminent peril to life ur adjacent property, he may dispense with the initial notice required by subsection 3-13.3 and give notice of a hearing before the City Council in which case the hearing may be scheduled not less than five (5) days from the date of the notice. Notice of a 1~~~~~ring under this subsection shall be given by personal delivery to the owner, by mail through an established overnight mail delivery service, by telegram, by telephone, or by such other means as is reasonably calculated to immediately advise the owner of the hearing. The notic:: shall statr. the grounds u_oon which the provisions of 'his subsection are invoked. (Ord. #1329, §2) 3-13.5 ;rlearinh by City Council. At the time stated in the notice of hearing, the City Council shall hear and consider all relevant evidence, including, bur not limited to, testimony from ownr.rs, City personnel, witnesses and other interested parties, and may consider staff reports and other written evidence relative to the matter. The hearing may be coati Trued from tithe to time. Upon the conclusion of the hearing, the City Council shall, based upon the evidt°nce presented, determine whether the property, or any part thereof, constitutes a public nuisance within the meaning of subsection 3-13.2. If the City Council finds that tine propeny constitutes a public nuisance, rt shall order the public nuisance abated within ~ reasonable time. The City Council's decision shall be by Resolution, which shall cont.:in ftndin~s upon which its det;rmination is based. Thy: Resolution shall contain a description of rite method of abatement necessary to comply with the order and state that if the puh!ic nuisance is not abated within t}re time permitted by the City Cour:;;il, th:: City Mana:*er shawl be authorized t;~ rater upon the premises for the purposr of abating thr same. (Ord. #1~~',29, 2) -fl3.r5 ~et•vice on U~.~ner of Resolution Ordering ;~batenrent. A copy of th~~ Resolution ordering the abatement of the public nuisance shall be :~._rved upon the owner in ::,;corcarrce with the provisions of subsection 3-13.4x. (Ord. #1329, ;;2) 332 Rev.Ord.Supp.3/'~0 PUBLIC SAFETY REZiUI..ATiGNS 3-13 3-13.7 Abatement by Owner. The property owner shall have the right to have the nuisance abated at his own expense, provided the abatement is commenced' prior to the. expiration of the period of time set forth in the City Council's Resolution and thereafter diligently and continuously prosecuted to completion. The time set for abatement, upon good cause shown, may be extended by the City Council. (Ord. #1329, §2) 3-13.8 Abatement by City Manager. If the public nuisance is not completely abated in the manner and within the time set forth in the City Council's Resolution, then the City Manager may cause the same to be abated by City forces or private contractor, and entry upon the property for such purpose is hereby expressly authorized. (Ord. #1329, §?) 3-13.9 Record of Cost of Abatement. The City Manager shall keep an accounting of the cost, including incidental expenses, of abatement of the public nuisance for each separate lot or parcel of land where the work has been done, and shall render an itemized report in writing to the Ciry Council showing the cost of abatement, including salvage value, if applicable; provided that before the report is submitted to the City Council for approval, a copy of the same shall be posted for at least five (5) days upon the premises of property upon which said buildings or structures were situated, together with a notice of the time when said report shall be submitted to the City Council for confirmation. A copy of said reporr and notice shall be served upon the owner of the property in accordance with the provisions of subsection 3- 13.~a, at least five (5) days prior to submitting the same to the City Council. Proof of such posting and service shall be made by declaration and retained in the office of t}te City Manager. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, inspecting the work, and the costs of printing and mailings required under this chapter. (Ord. r# 1329, §2) 3-13.10 Report•Hearing and Proceedings. At the time and place fixed for receiving and considering the report, the City Council shall hear and pass upon the evidence submitted by the City Manager, together with any objections or protests raitic;d by any of the persons liable to the assessed for the cost abating the nuisance. Thereupon the City Council may make such revision, correction or modification to the report as it may deem just, after which, the report as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time. (Ord. #1329, §2) 3-13.11 Assessment of Cost Lien Against the Property. The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a Notice of Lien, it shall constitute z lien on the property in the amount of the assessment. After the conflirtnation of said report, a cop}~ thereof may be transmitted to the assessor and tax collector for the Ciry, whereupon it shall be the Bury of said assessor and tax collector to add the amount of such assessment, or assessments, to the 333 Rev.Ord.Sul~p.3/90 3-13 LYNWOOD CITY CODE next regular bills of taxes levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalty and the same procedure under foreclosure and sale in case of delinquency in the manner and means provided by law. The Notice of Lien for recordation shall be in form substantially as follows: NOTICE OF LIEN (Claim of the City of Lynwood) NOTICE IS HEREBY GIVEN that pursuant to the authority vested by the provisions of Chapter ? 1 of the Lynwood Municipal Code, the City Manager of the City of Lynwood did on or about the day of 19_, cause certain work to be performed upon the property hereinafter described for the purpose of abating a public nuisance on said propeny; that the City Council of the City of Lynwood did on the day of , 19_, confirm and assess the cost of such abatement; that neither the cost of such abatement, nor any part thereof, has been paid to the City; that the City of Lynwood does hereby claim a lien for the cost of such abatement in the amount of the assessment, to wit: the sum of $ ;and that the same shall be a lien upon said real property until it has been paid in full and discharged of record. The real property upon which a lien is claimed is th~it certain parcel of land Iocated in the City of Lynwood, County of Los Angeles, State of California, particularly described as follows: (Legal Description) DATED this day of CITY OF LYNVVOOD City Manager (Ord. #1329, §2) 19 3-13.12 Delegation of City Manager's Responsibilities. The City :~'Ianager may delegate the responsibilities imposed upon trim by this chapter to such subordinate officers or employees as he, in his discretion, deems appropriate. (Ord. #1329, §2) 334 Rev.Ord.Supp.3/90 LICENSING AND BUSINESS REGULATIONS 4-9 not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars ($500.00). (Ord. #1418, §2) 4-9 SUSPENSION AND REVOCATION OF LICENSES AND PERMITS GENERALLY: 4-9.1 Suspension Of Licenses And Special Permits By. -The City Manager; Grounds: Any special permit or license issued under this Chapter, except a home occupation permit, may be suspended at any time by the City Manager, after public hearing, due notice of which shall be furnished the licensee, if the City Manager shall find, upon evidence heard, that: a. Any facts exist upon which a denial of the special permit or license would be authorized. b. The licensee, or at~y agent or employee of the licensee, has violated or has been convicted of violating any of the terms of this Chapter, of any regulation imposed pursuant thereto, or of any law, statute, provisions of this Codc or other ordinance, rule, order or regulation of the City, of tl~e State or of the United States, now or hereafter in force regulating the occupation or other activity for which the special permit or license has been issued. c. The licensee or permittee obtained the license or permit by fraudulent misrepresentations. d. If the license authorizes engaging in the business of repairing any property such as radios, television or vehicles, the licensee or any agent or employee of the licensee has stolen or been convicted of the theft of such property or any part thereof or has been convicted of receiving such stolen property in violation of section 496 of the State Penal Code. (Code 1972 § 17-109) 4-9.2 Duration Of Suspension By The City Manager: A suspension of a special permit or license by the City A'Tanager under this Section shall continue in force only until the second regular meeting of the City Council following the date of the suspension of the special permit or license by the City Manager, unless the suspension is removed by the City Manager prior to that meeting of the City Council, at which meeting, the City Council shall hold a public hearing to determine whether or not the special permit or license shall continue to be suspended and, if to be continued, for what additional period of time. (Code 1972 ~ 17-110) 440.3 g.cv. Ord. Supp. 10/96 LICENSING AND BUSINESS REGULATIONS 4-9 4-9.3 Notice and Report of Suspension by the City Manager. The City Manager, upon suspending a special permit or a license pursuant to this section shall forthwith notify the City Clerk and, within five (5) days following the suspension, shall file in the office of the City Clerk a detailed written report setting forth all of the facts leading to the suspension and the reasons therefor. (Code 1972 §17-111} 4-9.4 Hearing on Suspension by the City Manager. a. Upon the filing of a report of the suspension of a special permit or a license pursuant to this section, the City Clerk shall set the matter for a public hearing by the City Council at the second regular meeting of the Ciry Council following the date of the suspension, and shall give the licensee or permittee written notice by registered or certified mail, not less than ten (ld) days before the meeting. b. In considering the matter before it, the City Council shall be guided by paragraphs a through d of subsection 4-8.1. The decision of the City Council shall be made and filed with the City Clerk within five (5) days after the hearing and, if the decision is not made at the conclusion of the hearing, the suspension shall remain in effect pending the malting and filing of the decision. c. No suspension shall exceed a period of sixty (60) days from the date of the suspension. d. If the City Council shall fail to make and file its decision within the five (5) day period, the suspension shall be deemed lifted. e. The decision of the City Council pursuant to this subsection shall be final. (Code 1972 § 17-112) 4-9.5 Suspension or Revocation of a License or a Special Permit by the City Council. Irrespective of subsection 4-8.1, any license or special permit issued under the provisions of this chapter, except a home occupation permit, may be suspended or revoked by the City Council acting as follows: a. An accusation or complaint may be filed in writing by the City Manager or by any interested person against any special pernuttee or licensee alleging that the license or special permittee is not in compliance with, is in violation of, or comes within the category of paragraphs a through d of subsection 4-9.4 or of any of those paragraphs. b. The City Clerk shall include the accusation or complaint on the agenda of the next regular meeting of the City Council; however, any accusation or complaint filed in the office of the City Clerk within forty-eight (48) hours of the time scheduled for the next regular meeting 441 4-9 LYNWOOD C1TY CODE of the City Council shall not be considered until the following regular meeting of the City Council. c. The City Clerk shall give notice of the time and place of the City Council hearing by registered or certified mail addressed to the last address appearing on the rolls of the License Collector for the licensee or petmittee or, if the License Collector has knowledge of a better or more recent address, then to that address. d. The Ciry Council shall, at the meeting wherein the complaint or accusation is upon the agenda of the meeting, set the complaint or accusation for a public hearing, which hearing shall be not Iess than ten (10) days nor more than twenty (20) days from the date of the setting thereof. e. The accusation or complaint referred to in paragraph a of this subsection shall be made on forms provided by the City Clerk and the information contained in the forms shall be in compliance with paragraph a through d of subsection 4=8.4, the City Clerk shall not file an accusation or complaint, the allegations of which do not come within the frame of reference of paragraphs a through d of subsection 4-8.4. f. The City Clerk shall mail to the petmittee or licensee with the notice of the public hearing, a copy of the accusation or complaint. g. In making its decision as to whether the permit or license shall or shall not be suspended or revoked, the City Council shall be guided in its deliberations by paragraphs a through d of subsection 4-8.4. h. No permit or license shall be suspended for a period in excess of sixty (60) days. (Code 1972 § 17-113) 4-9.6 Suspension or Revocation of a Home Occupation Permit. A home occupation petatit shall be suspended or revoked in the manner prescribed in subsection 4-22.8. (Code 1972 § 17-1 I4) 4-10 DISTRESS AND SIMILAR SALES.' 4-10.1 Contents of Application for Special Permit. Each applicant for a special perrr.it required by subsection 4-8.fid, 2 to manage, conduct or carry orl any closing out sale, going out of business sale, bankruptcy sale or any sale of a similar nature, shaI1 state in "Cross references: Occupational licensing of distress and similar sales, subsection 4-7.9d; regulatory permit for distress or sinulaz sales, subsection 4-8.8d. 442 LICENSING AND BUSINESS REGULATIONS 4-9 not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars ($500.00). (Ord. #1418, §2) 4-9 SUSPENSION AND REVOCATION OF LICENSES AND PERMITS GENERALLY: ~-9.1 Suspension Of Licenses And Specisl ~lpcrmits By ..The City 1Vlanager; Grotands: Any special permit or license issued under this Chapter, except a home occupation permit, may be suspended at any time by the City Mai~;i~~er, after public hearing, due notice of which shall be furnished the licensee, if the City Manager shall find, upon evidence heard, that: a. Any facts exist upon which a denial of the special permit or license would be authorized. b. The licensee, or any agent or employee of the licensee, has violated or has been convicted of violating any of the terms of this Chapter, of any regulation imposed pursuant thereto, or of any law, statute, provisions of this Code or other ordinance, rule, order or regulation of the City, of the State or of the United States, now or hereafter in force regulating the occupation or other activity for which the special permit or license has been issued. c. The licensee or permittee obtained the license or permit by fraudulent misrepresentations. d. If the license authorizes engaging in the business of repairing any property such as radios, television or vehicles, the licensee or any agent or employee of the licensee has stolen or been convicted of the theft of such property or any part thereof or has been convicted of receiving such stolen property in violation of section 496 of the State Penal Code. (Code 1972 §17-109) 4-9.2 Duration Of Suspension By The City Manager: A suspension of a special permit or license by the City Manager under this Section shall continue in force only until the second regular meeting of the City Council following the date of the suspension of the special permit or license by the City Manager, unless the suspension is removed by the City Ivlanager prior to that meeting of the City Council, at which meeting, the City Council shall hold a public hearing to determine whether or not the special permit or license shall continue to be suspended and, if to be continued, for what additional period of time. (Code 1972 § 17-110) 440.3 R.ev. Ord. Supp. 10/96 ELECTRICAL SYMBOLS Pole and double light ~ ~ = Pole and single light ~3 ' = 8 ft. Fluorescent lighting @ 10 ft. on center ~~P _ ~ -Heavy duty lighting at tour ~~ ~ ~~v~~, V NOTE • ~~ ,~ `'-'i 6 ALL LAMPS WATTAGE WILL BE INCREASE TO~A~t~~ ~ ~ / ~ ` ~, PROVIDE MAXIMUM BR/GH77VESS. ~ ~~ ~, ~'>~ e- ~' ~ ' o ~ ~: ~~ ~~~ `~~ ~~ ~~ I~ ~s, ~~ \ / i A ~ ~ r`~ ~~ ,i % - ~\ ~ ~ ~`5~~~~~ o~~~~~ ~urtr~p Zuri«r~~~zttuliwl~_ F Q~ C`v ~ J ~ V' ALL l E 0 f~ 0 ~~ 0~ n\ ~ ~~ 1_111ll. S Oy05,~'yQ~ ~ ~~~~~~ ~a~G __ /i _ MARTIN LUTHER KING JR. BLVD, Draftech Desi~n Co. PLANNING & DESIG PLOT PLAN N 8050 E. FLORENCE AVE., SUITE X206 (South Building) E DOWNEY, CA 90240 ~ (562) 928-5016 ~ LI~1~t ~'INr:p ~~~~,~t~l EL FARALLON NIGHT CLUB AND RESTAURANT 3551 Martin Lntlrer Kirtg.lr. Bhrl. Lrrnrood, Ca 9026' ~fb 0 ~~ ~~~\ :~; ,~~ ~ ~., - ~~~'~ -~~ j~~ ,;:. ~~ ~.~-;, -~.r -'-~' - __qx - -„"" ~,aoa„ ~, . ,.o ~~ x,w II ~. trmo~a~. tl .r _ --- ~ -- rte- -- _...~ I~ I ~ } -- i .~ n f; -- ai- f 5 w~ ~ --; - ~ ~ol4l~ ~ + t ~ ,q q C ~ ~i'~~, ~ i i ids qab ~I ~ , , i F{ '_ j~ N I ~ ,, ; ,~ i t s ~ ,~n ~ Ph' i .I `t ~~,C.I~~I~ IU1.1.111;~ i.,, n- •n i ~~~ u I ~ .~; w --„ i ii I~ ~~' ~„ _ ~ i _ I ,.,~ ~ ~~ ~ ~~~ ~ -r 7 ~_~_ _.-.._ ~ .6 ~ ~- I ~ ~ - -~ ~~-- r ~,I~~~ , ~_ ,,,," ~. ~ ~ jl l ~ 1 i ~4~~.: ~l,le, ~~ r,, ;~,~~ ~ . , , _,i ~~~ ~~I m ~,,. ;:;, ,,,, ~~ ~ ~ I~ {. x ~_, ~., i ~: -- a ,~. ~I , - ,~ i ... _---- - -- I -- - I~'IJ 11IN1.'!h 11 i I ~~ I--. ~, .N ~, ,, ~, .» I~' L_. .- ~,._ Fir- _ -. .. __---. 1. II j. r ~j ,~~n.= ~- ~ ~__ - ~ ,_III J II ~1;,,~~ ~ .,r ~m N ~'~ ~ ,. ~o~ ~a,.,~ ~~'~~~ ~Cy ~J W N O ~z r t~ rty xz ~z ~ y o d ~y '" z ~~ ax r r LICENSING AND BUSINESS REGULATIONS 4-9 4-9.3 Notice and Report of Suspension by the City Manager. The City Manager, upon suspending a special permit or a license pursuant tc~ this section shall forthwith notify the City Clerk and, within five (5) days following the suspension, shall file in the office of the City Clerk a detailed written report setting forth all of the facts leading to the suspension and the reasons therefor. (Code 1972 § 17-11.1) 4-9.4 Hearing on Suspension by the City Manager. a. Upon the filing of a repon of the suspension of a special permit or a license pursuant to this section, the City Clerk shall set the matter for a public hearing by the City Council at the second regular meeting of the City Council following the date of the suspension, and shall give the licensee or permittee written notice by registered or cemfied mail, not less than ten (10) clays before the meeting. b. In considering the matter before it, the City Council shall be guided icy paragraphs a through d of subsection 4-8.1. The decision of the Clty CO1lIii:11 shall be made and filed with the City Clerk within five (5) days after t}re hearing and, if the decision is not made at the conclusion of the hearing, the suspension shall remain in effect pending the malting and filing of the decision. c. No suspension shall exceed a period of sixty (60) days from the date of the suspension. d. If the City Council shall fail to make and file its decision within the five (5) day period, the su :pension shall be deemed lifted. e. The decision of the City Council pursuant to this subsection ~llall be final. (Code 1972 § 17-112} 4-9.~ Susxrt~rlsiarr or Revocation of a License or a Special )!•ermit way ttae City Cotr,F,~il. Irrespec*.iv,~ of subsection 4-E.1, any license or special pernut issued undrr the provisions of this; chapter, except a home occupation permit, may be suspended or revoked by thc~ City Council acting as follows: a. An accusation or complaint may be filed in writing by the City Manager or by any interested person against any special permittee or licensee alleging ti~at the license or special permittee is nor in compliance with, is in violation of, or comes within the category of paragraphs a through d of subsection 4-9.4 or of any of those paragraphs. b. The City Clerk shaIl include the accusation or complaint on the ~rsenda of the next regular rrreeti~,g of the City Council; however, any accusation or complaint filed in the office of the City Clerl: within forty-eight (48) hours of the time scheduled for the next regular meeting 441 4-9 LYNWOOD CITY CODE of the City Council shall not be considered until the following regular meeting of the City Council. c. The City Clerk shall give notice of the time and place of the City Council he.u7ng by registered or certified mail addressed to the last address appearing on the rolls of the License Collector for the licensee or permittee or, if the License Collector has knowledge of a better or more recent address, then to that address. d. The City Council shall, at the meeting wherein the complaint or accusation is upon the agenda of the meeting, set the complaint or accusation fc>?~ a public hearing, which hearing shall be not lc;ss than ten (10) days nor more than twenty (20) days from the date of the setting thereof. e. The accusation or complaint referred to in paragraph a of this subsection shall be made on forms provided by the City Clerk and the information contained in the forms shall be in compliance with paragraph a through d of subsection 4=8.4, the City Clerk shall not file an accusation or complaint, the allegations of which do not come within the frame of reference ~,f raragraplis a through d of subsection 4-8.4. f. The City Clerk shall mail to the permittee or licensee with the notice of the public hcariug, a copy of die accusation or complaint. g. Ii, making its decision as to whether the permit or license shall or shall not be suspended or revoked, thc; City Council shall be guided in its deliberatior~~; by paragraphs a through d of subsection 4-8.4. h. No permit o,• license shall be suspended for a period in excess of sixty (60) days. (Code 1972 §17-113) 4•~.~, Srisl,ensiori ot• ltievocation ol" a Rome Occupation Permit. A hone occupation Permit s}jall be suspended or revoked in the mar,ne:r prescribed in subsection 4-22.11. (Code 1972 § 17-114) 4-1g DISTRI:/~~;~ A1iiI~ SIMILAR SALES.' 4-10.1 Contc~Yits of Application for Special Permit. Each applicant for a snecisl perri~it reyuiied by subsection 4-8.8d, 2 to manage, conduct or carry o :any closing out sale, Toing out of liasiness sale, bankruptcy sale or any sale of a similar nature, shall state in °Cres ~ refere~ice:;~ Occupational licensing of distress and similar sales, subsection 4-7.9d; regulntcry permit for disn-ess or similar sales, subsection 4-8.8d. 442 .-~, ^~. DATE: September 24, 2001 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Ralph W. Davis, III City Manager 1 BY: Joseph Y. Wang, P.E., Director of P lic orks /City ngineer SUBJECT: Increase Contract Change Order Approval Limits PURPOSE: To recommend that the City Council adopt the attached resolution increasing the City Manager's contract change order approval limit to $110,000.00 for the Bullis Road Improvement Project, Project No. 05-5138. BACKGROUND: Per Lynwood Municipal Code Section 6-3.15 a, the City Manager is authorized to approve contract change orders up to $50,000.00 or 25% of the contract amount which ever is less. The Bullis Road Improvement Project will have additional necessary improvements that will exceed these limits. ANALYSIS: Per Section 6-3.15 d, of the Lynwood Municipal Code, City Council may authorize, by resolution, the City Manager to exceed the Contract Change Order approval limits as set forth in Section fi-3.15 a of said Code. To avoid possible construction delays and expedite the approval process, the City Manager's approval limit may be increased for this project. Staff requests an approval limit of $110,000.00. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution entitled " A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING AN INCREASE IN THE CITY MANAGER'S CONTRACT CHANGE ORDER APPROVAL LIMIT TO $110,000.00 FOR ANY ADDITIONAL WORK ON THE BULLIS ROAD IMPROVEMENT PROJECT, PROJECT NUMBER 5-5138, FISCAL YEAR, 2000-2001 ". Cou01047 RESOLUTION NO. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN INCREASE IN THE CITY MANAGER'S CONTRACT CHANGE ORDER APPROVAL LIMIT TO $110,000.00 FOR ANY ADDITIONAL WORK ON THE BULLIS ROAD IMPROVEMENT PROJECT, PROJECT NUMBER 5-5138, FISCAL YEAR, 2000-2001 ". WHEREAS, the Bullis Road Improvement Project, Project Number 5-5138 is scheduled for completion during FY 2001-2002 and: WHEREAS, additional work is needed on the Bullis Road Improvement Project; and WHEREAS, additional improvements may exceed the City Mangers contract change order approval limits; and WHEREAS, an increase to a $110,000.00 change order approval limit will cover all additional work; and WHEREAS, Council wishes to complete this project in a timely manner to lessen the impact due to construction on the community; and WHEREAS, Section 6-3.15 paragraph d, of the Lynwood Municipal Code allows Council, by resolution, to authorize the City Manager to exceed the contract change order approval limits. NOW THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1. The City Manager is hereby authorized to execute contract change orders, for a total not to exceed $110,000.00, for the Bullis Road Improvement Project, Project No. 05-5138. Section 3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 24th day of September, 2001. ATTEST: PAUL H. RICHARDS, II, Mayor City of Lynwood ANDREA L. HOOPER, City Clerk City of Lynwood RALPH W. DAVIS, III City Manager APPROVED AS TO FORM City Attorney City of Lynwood APPROVED THIS CONTENT: JOSEPH Y. WANG Director of Public Works Cou01047 DATE: September 24, 2001 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Ralph W. Davis, City Manager BY: Shirley wolf, Project Manager SUBJECT: CONSULTING CONCEPT REVIEW PURPOSE To have the City Council review and direct staff concerning a proposal from Patricia Shields to provide consulting services to the City to assist in the development of Childcare Centers. SUMMARY Staff has received the attached proposal from Patricia Shields to consult for the City of Lynwood concerning the development of Child Day Care Centers within the City of Lynwood. Ms. Shields has developed and operated day care centers within Los Angeles County utilizing State and County Grant programs for these centers. Ms. Shields is proposing to assist the City with the development of partnerships with licensed childcare centers including locating suitable sites, negotiating terms, searching and securing finances, and providing necessary administrative services. She is anticipating approximately 20 hours per week at a rate of $2500.00 per month. RECOMMENDATION Staff respectfully recommends that the City Council direct staff accordingly concerning the attached proposal for consulting services. Patricia Shields 12832 S. Paramount B1vd.Downey, CA 90242 (310) 849-3811 September 13, 2001 Ms. Shirley Wolf Project Manager 11330 Bullis Road Lynwood, CA 90262 Re: Contract Services Dear Ms. Wolf; I would like to offer my services to the City of Lynwood in assisting with the coordination for the development of partnerships between the City of Lynwood and licensed childcare centers in the area. Over the years I have provided administrative services to daycare centers in Los Angeles County. These services included the development of daycare centers to providing ongoing administration. As you know I have provided these services for Domino's Nursery Center, Ina anon-profit organization. I have searched out locations, negotiated agreements, secured 5nances, and managed daycare centers for 16 years. I have secure several government contract funding sources. I have developed educational programs in compliance with state requirements. I have conferred with Federal, State, Schools, and other officials to develop programs and establish guidelines. I have set up vocational training programs and secured contracts to provide on the job training to parents on the Cat Works program (see resume). I propose to assist the city with the development of partnerships with licensed childcare centers including locating suitable sites, negotiating terms, searching and securing finances, and providing necessary administrative services. I will provide these services as a consultant for a fee of $30,000 per year. This fee computes to $29.00 per hour at the rate of 86 hours per month. If additional services are needed such as preparing the center for licensing approvals, providing administrative services for acquiring license, staffing, or monitoring the facility, additional hours will be required. Fees will be due and payable the end of each month. A retainer of $2,500 is requested upon commencement. Looking forward to working with you and the City of Lynwood in providing additional childcare centers for the community. Sincerely, ~ Patricia Shiel s Patricia Shields 8074 Canna Circle Buena Park, CA 90620 2/84 - 6/95 Domino's Nursery S.A.F.E. Center 5/9?-Present Executive Director Direct aed coordinate vocational training programs. Confer with members of industrial and business communities to determine manpower training needs for apprentice and non-apprentice occupations. Reviewed and interpreted Federal and state vocational education requirements to insure that program conformed to legislation. Prepared budgets and funding allocations for programs. Reviewed and approved new programs. Evaluated programs, considering factors, sucb as selection, training, and placement of enrollees. Planned and developed joint programs in conjunction with other members of education staff. Coordinated on- the-job training programs with employers, and evaluated progress of enrollees in conjunction with program contract goals. Represented company at all outside meetings. Responsible for payroll, bookkeeping and tax management Plan curriculum for school use, age appropriate. 6195 - 4/97 Drive-By Agony, Inc. Administrative Plan and coordinate educational program. Develop program for teaching youth on crime prevention and conflict resolution techniques. Confer with Federal, state, schools and other of'f'icials to develop programs and establish guidelines far non- curricula educational programs. Confer with lay and professional groups to disseminate and receive input on teaching methods. Review and evaluate curricula for use in schools, probation departments, and other help organizations. Plan and arrange activities for xouth to alleviate boredom. Conduct workshops for adults, teachers and youth to assist with at risk behavior. Provide victim and community support. Education CSUI,B, Lobg Beach Business Administration/Speech Comm. Memberships National Forensic Speech & Debate Team Honorary Life Member National Management Development Association Member