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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. ~ ~ t ' 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 .~'~ ~? 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 • • 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. ~I • 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. • • 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 ;~ . • 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 • 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. • ~~ ~ " 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 . ' ~ ,, ' . .`' b - _. ~ Yv. ~ ~ ~ ~ •s ~ G .. ~, I~ 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 . 2 C~ 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. ' 3 - • 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 i ~ "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: ' 2 • 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 3 • 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 ' 4 • • 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 ' S • 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. ' 1 • • "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: 2 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. 3 • 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 4 • 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 " 5 • 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: 1 ~ ~ 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 2