HomeMy Public PortalAbout03-21-2005CC_spy~. 3 i. air,;; { ;.,7 _
This Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or ..
other written documentation relating to each item of business referred to on the Agenda are on file in the
Office of the City Clerk and are available for public inspection. A person who has a question concerning any
of the agenda items may call the City Manager at (310) 603-0220, ext: 200.
Procedures forAddressinpthe Council
r
f~ r
. 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.
~ ~
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' AGENDA ~~:: ; :_ t,`
ITEMS ON FILE FOR CONSIDERATION CITY~~~~-~~~~Q00
AT THE SPECIAL MEETING OF THE r~T~: -,. ~-~-"~~
LYNWOOD CITY COUNCIL ~~~ ~ ,~ 2005
TO BE HELD ON '
MARCH 21, 2005
. -~ COUNCIL CHAMBERS
4:30 P.M. ~~~
~,
' 11330 BULLIS ROAD., LYNWOOD, CA 90262
MARIA T. SANTIL'LAN
MAYOR PRO-TEM
LOUIS BYRD
COUNCILMEMBER
INTERIM CITY MANAGER
JOSEPH WANG
CITY CLERK
ANDREA L. HOOPER
FiAMON RODRIGUEZ
MAYOR
AM ~
~I~~~g~u~'~~;~ I~'1~~415a6
.~'~
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FERNANDO PEDROZA
COUNCILMEMBER
LETICIA VASQUEZ
COUNCILMEMBER
CITY ATTORNEY
ARNOLDO BELTRAN
CITY TREASC=IRER
IRIS PYGATT
OPENING CEREMONIES
1. CALL TO ORDER
2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
3. ROLL CALL OF COUNCIL MEMBERS
LOUIS BYRD
FERNANDO PEDROZA
LETICIA VASQUEZ
MARIA T. SANTILLAN
RAMON RODRIGUEZ
4. PLEDGE•OF ALLEGIANCE
y
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5. PRESENTATION
Javier Barajas Villanueva -Artist
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
DISCUSSION ITEM
6. PROPOSED CINGO DE MAYO PARADE
Comments:
The Puebla Business Association, during a presentation at the regularly
scheduled City Council Meeting of Tuesday March 15, 2005, offered to sponsor
and conduct a parade and festival hosted in the City of Lynwood in conjunction
with Plaza Mexico.
Recommendation:
Staff recommends that the City Council approve this event in concept and
. authorize staff to meet with the proposed program proponent to determine the
feasibility of having this event hosted in the City of Lynwood.
7. DISCUSSION OF CITY NEWSLETTER
Comments:
The purpose of this item is to have the City Council provide further direction on
the City Newsletter relative to the format for production.
Recommendation:
Staff recommends that the City Council provide staff with further direction relative
to this matter.
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AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD PURSUANT TO GOVERNMENT CODE SECTION 36937
AMENDING CERTAIN SUBSECTIONS OF SECTION 12-2 OF THE LYNWOOD
MUNICIPAL CODE FOR THE PURPOSE OF BANNING THE USE AND
DISCHARGE IN THE CITY OF LYNWOOD THOSE TYPES OF SAFE AND
SANE FIREWORKS WHICH EMIT HIGH-PITCHED SCREAMING SOUNDS
Comments:
The purpose of this item is to provide for the City Council's consideration and
adoption of the above-entitled urgency ordinance regarding a ban on the use and
discharge of Safe and Sane fireworks which emit high-pitched screaming
sounds. Anon-urgency ordinance covering the same subject matter is also
attached for Council's consideration and introduction.
Recommendation:
Staff recommends that the City Council:
1. Adopt the attached, proposed urgency ordinance entitled "AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
PURSUANT TO GOVERNMENT CODE SECTION 36937 AMENDING CERTAIN
SUBSECTIONS OF SECTION 12-2 OF THE LYNWOOD MUNICIPAL CODE
-~ FOR THE PURPOSE OF BANNING THE USE AND DISCHARGE IN THE CITY
OF LYNWOOD THOSE TYPES OF SAFE AND SANE FIREWORKS WHICH
EMIT HIGH-PITCHED SCREAMING SOUNDS " if it properly addresses all of
Council's concerns, and Council finds the requisite urgency situation exists, and
2. Introduce the attached proposed non-urgency ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AMENDING CERTAIN SUBSECTIONS OF SECTION 12-2 OF THE LYNWOOD
MUNICIPAL CODE FOR THE PURPOSE OF BANNING THE USE AND
DISCHARGE IN THE CITY OF LYNWOOD THOSE TYPES OF SAFE AND
SANE FIREWORKS WHICH EMIT HIGH-PITCHED SCREAMING SOUNDS" for
first reading; or
3. If Council does not adopt the urgency ordinance for any reason (including the
failure to secure the 4/5 vote required for an urgency ordinance) and, regardless
of the action on the regular ordinance set out at item 2, above, wishes to go
ahead with the two percent (2%) additional fee, adopt the attached resolution that
enacts the new fee.
4. Provide additional direction to staff regarding modification of t#~e~proposed
ordinance(s) or other direction should Council decide not to adopt or introduce
either ordinance
•
CLOSED SESSION
9. CLOSED SESSION ITEM
A. With respect to every item of business to be discussed in closed session
pursuant to Section 54956.8:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATIORS
- Properties: Ham Park Replacement Project
.City Negotiator: City Manager, City Attorney
Negotiating: County of Los Angeles
Under Negotiation: Terms and Conditions
ADJOURNMENT
THE NEXT REGULARMEETING WILL BE HELD ON APRIL 5, 2005 AT 5:00 P.M. I,N THE
' ~ COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD,
-- CALJFORNIA.
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DATE: March 21, 2005
TO: Honorable Mayor and Members o e 'ty Cou
FROM: Joe Wang, Interim City Manager
BY: Jim Given, Director of Recreatioy~'& unity S
SUBJECT: Proposed Cinco de Mayo Paral~e
PURPOSE
To provide the Mayor and Members of the City cil with an overview of cost
estimates for the conduction of a parade such has been brought to them for
consideration by the Puebla Business Association along with Plaza Mexico.
BACKGROUND
The Puebla Business Association, during a presentation at the regularly
scheduled City Council Meeting of Tuesday March 15, 2005, offered to sponsor
and conduct a parade and festival hosted in the City of Lynwood in conjunction
with Plaza Mexico.
ANALYSIS
During the brief presentation at the City Council meeting as well as at a prior
meeting, these two entities identified their desire to sponsor and conduct a
parade in the City of Lynwood. They articulated that the City of Lynwood is
ideally located for an event such as this because of its proximity in relationship to
the various communities in Orange County. The representatives also stated that
the City of Lynwood has been at the forefront of culturally based events such as
this one.
LOGISTICAL INFORMATION
Parade Route
There was discussion about potential parade routes. Staff identified two (2)
routes. They included:
1. The Christmas Parade Route of Martin Luther King Jr. Blvd./Atlantic
Avenue to Martin Luther King Jr. Blvd. (Just short of one mile)
2. The 2003 Nuestras Fiestas Patrias Parade Route of Otis/Abbott to
State/Flower Streets. (Just over one mile)
Both routes have provided venues for very successful parades. The.-Nuestras
Fiestas Patrias .parade route seemed to be the most positively received along
with the parade being conducted during the day.
Festival
If a festival were conducted as a part of this Cinco de Mayo event it would be
located at and sponsored by Plaza Mexico. This too is a venue that has hosted
numerous very large and successful festivals of this nature.
ill
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FINANCIAL IMPLICATIONS
It is important to reiterate that the Puebla Business Association as well as Plaza
Mexico have expressed an interest in sponsoring the parade and festival.
However, the City of Lynwood has not included funding in the adopted 2003-
2005 Biennial Budget for support to this event.
The following budget is provided for perspective purposes and is intended as an
example of a basic budget for the two major parades that the City of Lynwood
has conducted in the past. -
Christmas Parade
The first of these two parades is the Candy Cane Lane Christmas Parade. This
is a night parade and. is one of the longest standing citywide special events in the
history of the City of Lynwood. The following budgetary information is provided
based upon expenses incurred at this parade during previous years.
ESTIMATED BUDGET -Night Parade -Martin Luther King Jr. to Bullis Road
Route
Logistics - $34,000.00
Private Security- $ 2,000.00
Law Enforcement Support- $30,000.00
Total $66,000.00
Nuestras Fiestas Patrias
The 2003 Nuestras Fiestas Patrias Parade route appears to be the more
successful of the two routes used for this event. This parade was conducted
during the day. The following estimated budget is based upon expenses incurred
during the 2003 parade.
ESTIMATED BUDGET -Daytime Parade - Abbott/Otis to State/Flower Route
Logistics- $11,278.00
Private Security- $ 900.00
Law Enforcement Support- $13,400.00
Total $25,578.00
CONCLUSION/RECOMMENDATION
Staff recommends that the City Council approve this event in concept and
authorize staff to meet with the proposed program proponent to determine the
feasibility of having this event hosted in the City of Lynwood.
recreatn\agenda items 2005\Cinco de Mayo Parade for Special Meeting 3.21.05
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Date: March 21, 2005
To: Honorable Mayor and Members of the City Council
Frorn: Joseph Y. Wang, Interim City Manager
Subject: Discussion of City Newsletter
PURPOSE:
The purpose of this item is to have the City Council provide further direction on the City
Newsletter relative to the format for production.
BACKGROUND:
At its meeting of March 15, 2005 the City Council approved a contract with Guerra
Professional Services for design of the City Newsletter. The City Council directed staff
-=~ to bring back information relative to the cost for two different styles along with the
current Media Services budget.
ANALYSIS:
The newsletter as originally approved is a 12-page full color publication on newsprint for
an annual cost of $132,000. The cost to print the publication in a glossy style on stock
paper is $186,240.
Staff is also seeking direction from the Council if they would like to continue the current
name of the newsletter Lynwood N' Perspective or if they want to create a new name for
the publication.
The adopted FY 04-05 Media Services Division budget is $391,500.
RECOMMENDATION:
Staff recommends that the City Council provide staff with further direction relative to this
matter.
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DEPARTMENT: CITY MANAGER DIVISION DETAIL DIVISION: M EDIA SERVICES
.
2003-2004
ACCOUNT
NO: 01-4115 .
~°;.
ADOPTED
ACCT. ACTUAL BUDGET .ESTIMATE BUDGET BUDGET
NO. `DESCRIPTION 2001-2002 2002-2003 2002-2003 2003-2004 2004-2005 ~`
PERSONNEL:
4101 SALARIES 110,754 131.,400 115,000 135,700 136,350. ..
4105 TEMPORARY/PART-TIME 28 0 0 0 p
4120 OVERTIME 1,931 0 950 0 p ~,`
4121 PERS-RETIREMENT 6,458 9,200 9,200 14,700 14,800 , ,
4122 WORY.ERSCOMPENSATION 4,891 4,600 4,600 1,150 1,200
4124 GROUP INSURANCE - 9,239 11,600 11,600 14,700 14,800
4127
" AUTO ALLOWANCE 3,600 1,500 3,600 3,600 3,600 '
4129 MEDIrARE INSURANCE 3,794 4,600 4,&00 1,750 1,800
4137 STATE DISABILITY INS. 751 1,000 1,000 1,100 1,150
4138 PERFORMANCE PAY 0 3,000 0 3,000 3,000
4139 EDUCATIONAL REIMBURSEMENT 0 0 0 0 p ''
SUBTOTAL. 141,446 166,900 150,550 175,700 176,700 4
MAINTENANCE AND OPERATION:
_
4212 OPERATING SUPPLIES 9,158 1,000 600 5,000 5,000
4220 PROF'. 8 CONTRACTUAL SERVICES 124,812 17,500 17,000 79,000 79,000 ,
4221 ADVERTISING & PRINTING 27,234 5,000 50. 8,000 8,000.:
4226- TELEPHONE 665 350 0 0 0 ,.
4230 OTHER FEES FOR SVCS 11,078 0 1,400 1,500 1,500
4250_ TRAVEL 8 MEETINGS 7,597 500 5,300 5,000 5,000 '~. ' t,;
4251` DUES & SUBSCRIPTIONS 250 Y00 800 300 300 - ~
4285 STIPEdND EXPENSE 141,800 216,000 116,000 116,000 116,000-~`;
SUBTOTAL 322,594 240,450 141,150 214,800 214,800 "'
~a
` CAPITAL OUTLAY:
~ ~'
4313 MACHINERY & EQUIP. 3,446 1,000 1,000 0 0
SUBTOTAL 3,446 1,000 1,000 0 0 I
MEDIA SERVICES TOTAL 467,486 408,350 292,700 390,500 ~ 3
91,500
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144
Date: March 21, 2005
To: Mayor and Members of the City Council
From: Joseph Y. Wang, Interim City Manage
By: J. Arnoldo Beltran, City Attorney
Subject: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD PURSUANT TO GOVERNMENT CODE SECTION 36937
AMENDING CERTAIN SUBSECTIONS OF SECTION 12-2 OF THE
LYNWOOD MUNICIPAL CODE FOR THE PURPOSE OF BANNING THE
USE AND DISCHARGE IN THE CITY OF LYNWOOD THOSE TYPES
OF SAFE AND SANE FIREWORKS WHICH EMIT HIGH-PITCHED
SCREAMING SOUNDS
PURPOSE:
-~ The purpose of this item is to provide for the City Council's consideration and adoption
of the above-entitled urgency ordinance regarding a ban on the use and discharge of
Safe and Sane fireworks which emit:high-pitched screaming sounds. Anon-urgency
ordinance covering the same subject matter is also attached for Council's consideration
and introduction.
Comments:
At its meeting of March 15, 2005, the City Council requested preparation of an urgency
ordinance to provide for two specific changes to the existing fireworks ordinance
codified as Section 12-2 of the Lynwood Municipal Code. Council requested that a new
two percent (2%) fee be paid by the organizations granted a license to sell Safe and
Sane fireworks in the city. In addition, the council expressed an interest in limiting the
discharge of the type of fireworks (Safe and Sane) that are of a "screaming" or noise
producing variety such as "Piccolo Petes" and "Whistling Willies."
In response to the request and direction from Council, we have prepared the following:
• An urgency ordinance entitled:
"AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD PURSUANT TO GOVERNMENT CODE SECTION 36937
AMENDING CERTAIN SUBSECTIONS OF SECTION 12-2 OF THE
LYNWOOD MUNICIPAL CODE FOR THE PURPOSE OF BANNING THE
USE AND DISCHARGE IN THE CITY OF LYNWOOD THOSE TYPES
OF SAFE AND SANE FIREWORKS WHICH EMIT HIGH-PITCHED
SCREAMING SOUNDS" ___
• Anon-urgency (regular) ordinance bearing the same amendments to the
current ordinance as those set out in the urgency ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AMENDING CERTAIN SUBSECTIONS OF SECTION 12-2
OF THE LYNWOOD MUNICIPAL CODE FOR THE PURPOSE OF
BANNING THE USE AND DISCHARGE IN THE CITY OF LYNWOOD
THOSE TYPES OF SAFE AND SANE FIREWORKS WHICH EMIT HIGH-
PITCHED SCREAMING SOUNDS"
• A resolution implementing the necessary changes to the schedule of fees and
deposits to permit the collection of the additional two percent (2%) fee
requested by Council.
This item is to provide for the City Council's consideration and adoption of the above-
entitled urgency ordinance regarding fireworks. Anon-urgency (regular) ordinance
covering the same subject matter is also attached for Council's consideration and
introduction.
Please note that both the urgency and non-urgency ordinances prohibit the discharge of
the products identified above. Due to product packaging and enforcement concerns, we
have initially limited the ban to discharge of the products in question only. If there is any
desire to further limit sale and possession of these products, a minor amendment to the
ordinances will be required.
Recommendation:
Staff recommends that the City Council:
Adopt the attached, proposed urgency ordinance entitled "AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
PURSUANT TO GOVERNMENT CODE. SECTION 36937 AMENDING
CERTAIN SUBSECTIONS OF SECTION 12-2 OF THE LYNWOOD MUNICIPAL
CODE FOR THE PURPOSE OF BANNING THE USE AND DISCHARGE IN
THE CITY OF LYNWOOD THOSE TYPES OF SAFE AND SANE FIREWORKS
WHICH EMIT HIGH-PITCHED SCREAMING SOUNDS " if it properly addresses
all of Council's concerns, and Council finds the requisite urgency situation exists,
and
2: Introduce the attached proposed non-urgency ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AMENDING CERTAIN SUBSECTIONS OF SECTION 12-2 OF THE LYNWOOD
MUNICIPAL CODE FOR THE PURPOSE OF BANNING THE USE AND
DISCHARGE IN THE CITY OF LYNWOOD THOSE TYPES OF SAFE AND
SANE FIREWORKS WHICH EMIT HIGH-PITCHED SCREAMING SOUNDS" for
first reading; or
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3. If Council does not adopt the urgency ordinance for any reason (including the
failure to secure the 4/5 vote required for an urgency ordinance) and, regardless
of the action on the regular ordinance set out at item 2, above, wishes to go
ahead with the two percent (2%) additional fee, adopt the attached resolution that
enacts the new fee.
.4. Provide additional direction to staff regarding modification of the proposed
ordinance(s) or other direction should Council decide not to adopt or introduce
either ordinance.
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ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD PURSUANT TO GOVERNMENT CODE SECTION 36937
AMENDING CERTAIN SUBSECTIONS OF SECTION 12-2 OF THE
LYNWOOD MUNICIPAL CODE FOR THE PURPOSE OF BANNING THE
USE AND DISCHARGE IN THE CITY OF LYNWOOD THOSE TYPES OF
SAFE AND .SANE -FIREWORKS WHICH EMIT HIGH-PITCHED
- SCREAMING SOUNDS
WHEREAS, California Health and Safety Code section 12541 permits a City to
regulate the sale, use and discharge of fireworks in its jurisdiction; and
WHEREAS, the possession, sale; use and discharge of Dangerous Fireworks within
the City of Lynwood ("City") is currently prohibited; and
WHEREAS,. the possession, sale, use and discharge of Safe and Sane ("SAS")
Fireworks is currently permitted in the City, subject to certain. regulations; and
WHEREAS, the City Council of.the City of Lynwood ("Council") wishes to preserve
the City's traditional Fourth of July SAS Fireworks sales, which benefit the charitable
organizations in the City; and
WHEREAS, to promote the safety, health and quiet enjoyment of the City's residents,
the Council finds it necessary to impose additional controls on the discharge of those types of
SAS Fireworks which emit high-pitched screaming sounds, present an attractive nuisance to
children and maybe easily modified for use contrary to their intended use; and
WHEREAS, because the issuance of permits .for the. sale of SAS Fireworks are
pending, the Council finds that the adoption of this ordinance banning the use and discharge
of such types of SAS fireworks within the City is immediately needed to protect the peace,
health and safety of the residents of the City and to provide notice to the potential permittees
and the public of those types of SAS Fireworks that are rio longer permitted to be discharged
and used in the City.
NOW, THEREFORE, THE CITY OF LYNWOOD DOES ORDAIN AS
FOLLOWS:
Section 1. That Subsection 12-2.2 of Chapter 12 of the Code of the City of Lynwood be
repealed it its entirety.
Section 2. That a new Subsection 12-2.2 of Chapter 12 be added to Code of the City of
Lynwood which section shall read as follows:
12-2.ti Definitions.
1
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"Safe and Sane Fireworks" ("SAS Fireworks") shall mean only those fireworks
which are defined in section 12529 of the California Health and Safety Code and have
been classified and registered as safe and sane by the state fire marshal.
"Screaming Fireworks" shall mean any SAS Firework commonly known as a
"Piccolo Pete," "Screaming Willie," "Whistle Pete," "Whistling Phantom," or any
other SAS firework having the same appearance and discharge characteristics as any
of these SAS Fireworks.
"Person" shall mean any individual, person, firm, partnership, corporation,
association or any other entity.
"Dangerous Fireworks" shall mean all fireworks other than SAS Fireworks, and
include, but are not limited to those fireworks defined in sections 12505 and 12561 of
the California Health and Safety Code.
"State Fireworks Law" shall mean section 12500 et sec ., of the California Health
and Safety Code.
Section 3. That Subsection 12-2.3 of Chapter 12 of the Code of the City of Lynwood be
repealed it its entirety.
Section 4. That a new Subsection 12-2.3 of Chapter 12 be added to the Code of the City
of Lynwood which Subsection shall read as follows:
12-2.3 Restrictions on Sale or Discharge.
It shall be unlawful for any Person to:
a. Possess any Dangerous Fireworks within the City of Lynwood;
b. Use, discharge, ignite or explode any Dangerous Fireworks or Screaming
Fireworks within the City of Lynwood;
c. Discharge any SAS Fireworks in any manner other than in coir.~pliance with the
instructions of the manufacturer;
d. Sell, offer for sale or display for purposes of sale any Dangerous Fireworks
within the City of Lynwood;
Section 5. That Subsection 12-2.4 of Chapter 12 of the Code of the City of Lynwood be
repealed in its entirety.
Section 6. That a new Subsection 12-2.4 of Chapter 12 of the Code of the City of
Lynwood be added to the Code of the City of Lynwood which Subsection shall read as
follows:
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•
12-2.4 Exception for Sale and Discharge of Safe and Sane Fireworks
SAS Fireworks may be sold within the City only during the period beginning at 9:00
a.m. on July 1, and ending at 10:00 p.m. on July 4. Discharge of SAS Fireworks, with
the exception of Screaming Fireworks, is permitted within the City only between the
hours of 4:00 p.m. and 10:00 p.m. on July 4tn
Section 7. That Subsection 12-2.19 of Chapter 12 of the Code of the City of Lynwood be
repealed it its entirety.
Section 8. That a new Subsection 12-2.19 of Chapter 12 be added to the Code of the City
of Lynwood which Subsection shall read as follows:
12-2.19 Violations; Penalties
Any person who violates any provision of Section 12-2 shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable by the penalties and/or
fines as provided for in Section 1-5 of the Lynwood Municipal Code, unless a specific
fine for the violation is specified in this Subsection. In addition, violation of any
provisions of Section 12-2 by an SAS Fireworks permittee shall result in revocation of
the permit and render the violating organization ineligible for a permit for five (5)
years from the date of such violation.
a. The fine for possession of Dangerous Fireworks in the City is $250.00.
b. The fine for discharging Dangerous Fireworks and/or Screaming Fireworks in
the City is $500.00.
The fine for discharging SAS Fireworks in the City in any manner other than
in compliance with the instructions of the manufacturer is $500.00.
d. The fine for sale of Dangerous Fireworks in the City is $1,000.00.
Section 9. If any section, subsection, sentence, clause, phrase, or portion. of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining sections,
subsections, sentences, clauses, phrases, or portions of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 10. This Ordinance is an Urgency Ordinance enacted pursuant to California
Government Code Sections 36934 and 36937. As such, this Ordinance will become effective
immediately upon adoption by a four-fifths City Council vote. The City Council of the City
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of Lynwood hereby finds that there is an immediate threat to the preservation of the public
peace, health, and safety in that the discharge of Screaming Fireworks in the City is an
ongoing problem which must be curbed, and in that new regulations banning the use and
discharge of Screaming Fireworks must be implemented prior to the granting of annual
permits for sale of SAS Fireworks to give adequate notice to both Fireworks sales permittees
and the public. Regulation of possession, sale and use of Fireworks is a lawful exercise of the
City's police powers.
Section 11. This Ordinance shall become effective immediately as an Urgency Ordinance
upon approval of the City Council by four-fifths vote pursuant to Government Code Section
36937 (b).
Section 12. The City Clerk shall certify to the passage of this Ordinance and shall cause
the same to be posted in at least (3) public places in the city, such posting to be completed not
later than fifteen (15) days after the passage hereof.
First read at a special meeting of the City Council held on the day of
2005 and adopted and ordered published at a special meeting of said
Council held on the day of , 2005.
Attest:
Andrea L. Hooper, City Clerk
Approved as to form:
J. Arnoldo Beltran, City Attorney
Ramon Rodriguez, Mayor
City of Lynwood
Joseph Wang, Interim City Manager
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STATE OF CALIFORN_ IA }
}ss
COUNTY OF LOS ANGELES } .
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted. by the City Council of the City of
Lynwood at a regular meeting held on the 2005.
AYES:
NOES
ABSENT:
STATE OF CALIFORNIA }
} ss
COUNTY OF LOS ANGELES }
Andrea L. Hooper,. City Clerk
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy. of Ordinance No. on file in my office and that said
Ordinance was adopted on the date and by the vote therein stated.
Dated this day of , 2005.
Andrea L. Hooper, City Clerk
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ORDINANCE NO.
AN~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AMENDING CERTAIN SUBSECTIONS OF SECTION 12-2 OF THE
LYNWOOD MUNICIPAL CODE FOR THE PURPOSE OF BANNING THE
USE AND DISCHARGE IN THE CITY OF LYNWOOD THOSE TYPES OF
SAFE AND SANE FIREWORKS WHICH EMIT HIGH-PITCHED
SCREAMING SOUNDS-
WHEREAS, California Health and Safety Code section 12541 permits a City to
regulate the sale, use and discharge of fireworks in its jurisdiction; and
WHEREAS, the possession, sale, use and discharge of Dangerous Fireworks within
the City of Lynwood ("City") is currently prohibited; and
WHEREAS, the possession, sale, use and discharge of Safe and Sane ("SAS")
Fireworks is currently permitted in the City, subject to certain regulations; and
-~ WHEREAS, the City Council of the City of Lynwood ("Council") wishes to preserve
the City's traditional Fourth of July SAS Fireworks sales, which benefit the charitable
organizations in the City; and
WHEREAS, to promote the safety, health and quiet enjoyment of the City's residents,
the Council finds it necessary to impose additional controls on the discharge of those types of
SAS Fireworks which. emit high-pitched screaming sounds, present an attractive nuisance to
children and maybe easily modified for use contrary to their intended use; and
WHEREAS, because the issuance of permits for the sale of SAS Fireworks are
pending, the Council finds that the adoption of this ordinance banning the use and discharge
of such types of SAS fireworks within the City is needed to protect the peace, health and
safety of the residents of the City and to provide notice to the potential permittees and the
public of those types of SAS Fireworks that are no longer permitted to be discharged and used
in the City.
NOW, THEREFORE, THE CITY OF LYNWOOD DOES ORDAIN AS
FOLLOWS:
Section 1. That Subsection 12-2.2 of Chapter 12 of the Code of the City of Lynwood be
repealed it its entirety.
Section 2. That a new Subsection 12-2.2 of Chapter 12 be added to Code of the City of
Lynwood which section shall read as follows:
12-2.2 Definitions.
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"Safe and Sane Fireworks" ("SAS Fireworks") shall mean only those fireworks
which are defined in section 12529 of the California Health and Safety Code and have
been classified and registered as safe and sane by the state fire marshal.
"Screaming Fireworks" shall mean any SAS Firework commonly known as a
"Piccolo Pete," "Screaming Willie," "Whistle Pete," "Whistling Phantom," or any
other SAS firework having the same appearance and discharge characteristics as any
of these SAS Fireworks. -
"Person" shall mean any individual, person, firm, partnership, corporation,
association or any other entity.
"Dangerous Fireworks" shall mean all fireworks other than SAS Fireworks, and
include, but are not limited to those fireworks defined in sections 12505 and 12561 of
the California Health and Safety Code.
"State Fireworks Law" shall mean section 12500 et sec ., of the California Health
and Safety Code.
Section 3. That Subsection 12-2.3 of Chapter 12 of the Code of the City of Lynwood be
repealed it its entirety.
Section 4. That a new Subsection 12-2.3 of Chapter 12 be added to the Code of the City
of Lynwood which Subsection shall read as follows:
12-2.3 Restrictions on Sale or Discharge.
It shall be unlawful for any Person to:
a. Possess any Dangerous Fireworks within the City of Lynwood;
b. Use, discharge, ignite or explode any Dangerous Fireworks or Screaming
Fireworks within the City of Lynwood;
c. Discharge any SAS Fireworks in any manner other than in compliance with the
instructions of the manufacturer; '~
d. Sell, offer for sale or display for purposes of sale any Dangerous Fireworks
within the City of Lynwood;
Section 5. That Subsection 12-2.4 of Chapter 12 of the Code of the City of Lynwood be
repealed in its entirety.
Section 6. That a new Subsection 12-2.4 of Chapter 12 of the Code of the City of
Lynwood be added to the Code of the City of Lynwood which Subsection shall read as
follows:
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12-2.4 Exception for Sale and Discharge of Safe and Sane Fireworks
SAS Fireworks may be sold within the City only during the period beginning at 9:00
a.m. on July 1, and ending at 10:00 p.m. on July 4. Discharge of SAS Fireworks, with
the exception of Screaming Fireworks, is permitted within the City only between the
hours of 4:00 p.m. and 10:00 p.m. on July 4`h
Section 7. That Subsection 12-2.19 of Chapter 12 of the Code of the City of Lynwood be
repealed it its entirety.
Section 8. That a new Subsection 12-2.19 of Chapter 12 be added to the Code of the City
of Lynwood which Subsection shall read as follows:
12-2.19 Violations; Penalties
Any person who violates any provision of Section 12-2 shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable by the penalties and/or
fines as provided for in Section 1-5 of the Lynwood Municipal Code, unless a specific
fine for the violation is specified in this Subsection. In addition, violation of any
provisions of Section 12-2 by an SAS Fireworks permittee shall result in revocation of
the permit and render the violating organization ineligible for a permit for five (5)
years from the date of such violation.
a. The fine for possession of Dangerous Fireworks in the City is $250.00.
b. The fine for discharging Dangerous Fireworks and/or Screaming Fireworks in
the City is $500.00.
c. The fine for discharging SAS Fireworks in the City in any manner other than
in compliance with the instructions of the manufacturer is $500.00.
d. The fine for sale of Dangerous Fireworks in the City is $1,000.00.
Section 9. If any section, subsection, sentence, clause, phrase, or portion;.af this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining sections,
subsections, sentences, clauses, phrases, or portions of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 10. This ordinance shall take effect thirty (30) days after its final passage by the
City Council.
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Section 11. The City Clerk of the City of Lynwood is hereby directed to certify to the
passage and adoption of this Ordinance and to cause it to be published or posted as required
by law.
First read at a special meeting of the City Council held on the day of
Council held on the
Attest:
2005 and adopted and ordered published at a special meeting of said
day of , 2005.
1~ Andrea L. Hooper, City Clerk
Approved as to form:
~. ~rnoiao tseitran, Lity tittorney
Ramon Rodriguez, Mayor
City of Lynwood
Joseph Wang, Interim City Manager
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STATE OF CALIFORNIA }
} ss
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 2005.
AYES:
NOES:
ABSENT:
STATE OF CALIFORNIA }
} ss
COUNTY OF LOS ANGELES }
Andrea L. Hooper, City Clerk
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. on file in my office and that said
Ordinance was adopted on the date and by the vote therein stated.
Dated this day of , 2005.
Hnorea ~. Hooper, City Clerk
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AMENDING THE LYNWOOD FEE SCHEDULE TO INCREASE THE AMOUNT
OF THE CLEANUP FEE FOR THE SELLING OF SAFE AND SANE
FIREWORKS IN THE CITY AND SETTING ADDITIONAL FINANCIAL
REPORTING REQUIREMENTS FOR SAFE AND SANE FIREWORKS
PERMITTEES -
WHEREAS, Section 12-2.6.d.8 of the Lynwood Municipal Code {"LMC") allows the
City Council ("Council") by resolution to require additional documents to be provided by
applicants for retail sale of Safe and Sane ("SAS") fireworks; and
WHEREAS, Section 12-2.14 of the LMC provides for payment of a Cleanup Fee at the
time application for a fireworks retail sales permit is made; and
WHEREAS, Section 12-2.14 of the LMC allows the Cleanup Fee to be changed from
time to time by resolution of the Council; and
WHEREAS, on March 15, 2005 the Council of the City of Lynwood determined. that the
Cleanup Fee should be raised to insure sufficient funds for the City of Lynwood ("City") to
underwrite costs associated with the burden of additional services (enforcement, public education
and awareness campaigns, fireworks trash and debris cleanup) necessitated by allowing the sale
and discharge. of SAS Fireworks in the City each Fourth of July; and
WHEREAS, in order to implement the new Cleanup Fee amount it is necessary to
require fireworks retail sales permittees to provide an annual financial accounting of their gross
receipts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. Each organization operating a fireworks stand or participating as a member of
a joint venture operating a fireworks stand shall submit to the City Clerk a financial summary of
the total gross receipts realized from the sales of SAS fireworks by August 31S`:.of each year.
The financial summary shall have a summary of the actual sales and profit for that year and shall
have the receipts attached for each stand.
Section 2. The current $50.00 Cleanup Fee shall be increased to an amount equal to
2% of the annual gross receipts realized by the SAS fireworks sales of each fireworks stand
operator/permittee.
Section 3. The increased Cleanup Fee shall be paid and calculated as follows:
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a. A $500.00 deposit to be applied toward the increased Cleanup Fee shall be paid at
the time the organization submits its application for a fireworks retail sales permit
to the City Clerk.
b. The balance of the Cleanup Fee, if any, shall be paid to the City Clerk within ten
(10) days of the date that the organization operating a fireworks stand receives an
invoice from the City. The invoice amount shall be calculated and the invoice
shall be sent to each organization operating a fireworks stand within thirty (30)
days of the date the financial summary report is submitted by the organization to
the City Clerk.
c. If 2% of the gross receipts realized from fireworks sales is less than the $500.00
deposit paid, the City Clerk shall refund any remaining balance to the fireworks
stand operator/permittee within thirty (30) days of the date the financial summary
report is submitted to the City Clerk.
d. $50.00 of the increased Cleanup Fee shall still be refundable to each permittee
provided that the fireworks litter associated with the fireworks stand itself is
removed as currently required under LMC Sections 12-2.1 l .k and 12-2.11.1.
Section 4. That this Resolution is to be given effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED this day of , 2005.
RAMON RODRIGUEZ, MAYOR
ATTEST:
ANDREA HOOPER, CITY CLERK
APPROVED AS TO FORM:
J. ARNOLDO BELTRAN, CITY ATTORNEY
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