Resolution No. 23-07
a. General Criteria. Names of persons, groups, or organizations having a longstanding affiliation with the City of not less than ten (10) or more years of significant community service, involvement, or contributions beyond the ordinary interest level whose efforts have:
i. Enhanced the quality of life and well-being of City residents; ii. Contributed to the preservation of the City’s history or culture; iii. Made exemplary or meritorious contributions to the City or its residents; or
iv. Contributed to the acquisition, development, or conveyance of land, buildings, structures, or other amenities to the City or community. b. Deceased Persons. To be considered for a naming opportunity, the individual must have been deceased for at least three (3) years. Such individuals may include:
i. Historic persons.
ii. National and/or local heroes. Those who have given outstanding service to mankind or who have worked over and above any ordinary interest level. A resident of Cudahy who has attained local, state, or national recognition for parks and recreation work or work in the areas of public safety or public health, as appropriate to the facility, would be highly acceptable.
c. Living Persons. Facilities may be named after living persons only after research has been completed relative to the individual’s background and qualifications pursuant to the criteria set forth in section 1. iv. Donations and Sponsorships.
a. Acceptability of Donations. Individuals, groups, organizations, associations, companies, or businesses may choose to offer a donation of land, equipment, materials, or funding to the City, earmarked for special projects. Such projects may include, but are not limited to, the development of a park or the purchase of scoreboards, display cases, benches, and trees.
b. City manager will review the acceptability of any donation and determine if the benefits to be derived warrant acceptance of the donation. Criteria for evaluation include consideration of any immediate or initial expenditure required of the City in order to accept the donation, the potential and extent of the City’s obligation to maintain the property or item donated,
Resolution No. 23-07
and the community benefit to be derived from the donation. Donation of an item may also be required to include funding for its installation and maintenance as determined by the appropriate City Department. c. Donations involving modifications to existing City facilities that will have a significant visual, functional, or land use impact may, at the City Manager’s discretion, be referred to the Director of Community Development for a report on such impacts and a recommended course of action, if any.
d. The City will assume ownership, control, and maintenance of any donated property or item unless the conditions of acceptance, as determined by the City, provides otherwise. The City shall not be obligated to repair or replace any donated property or item that is damaged or destroyed for any reason, such as by vandalism or theft or, in the case of live plants, if they die. Further, unless the conditions of acceptance, as determined by the City, provide otherwise, the City will decide when changes shall be made to any City facility, with no assurance that a donated item will be retained.
The City reserves the right to remove and/or relocate any donated item at any time. However, if a donated item(s) needs to be removed, the City will make every reasonable attempt to relocate the item(s), if a need for such item(s) exists at another City facility. The City will attempt to notify the donor of any changes as they occur.
Section 4: Application. With adoption of this Resolution, the City Council also adopts the attached Application incorporated to this Resolution.
Completed Applications for naming or renaming of City-owned land, buildings, and facilities shall be filed with the City Clerk for transmittal to the City council.
Any person may initiate requests or proposals for the dedication, naming or renaming of a City facility by completing an application/nominating form, filing such form in the City Clerk's office.
The application/nominating forms shall be available in the City Clerk's office.
Applications that are determined by the City Clerk to be incomplete, without sufficient support, or that are otherwise inconsistent with this Policy will be returned to the applicant together with a written explanation for the return. The applicant may resubmit the Application at any time with new or additional information to correct the insufficiencies identified by the City Clerk.
Resolution No. 23-07
Section 5: Review of Application. City staff will review application, create an agenda item, and provide comments and receive commission secretary approval prior to application being submitted to the Recreation, Arts, and Cultural Heritage Commission. a. The naming or renaming of City-owned land, buildings and facilities will be placed on the agenda as a public hearing item on the next appropriate Recreation, Arts, and Cultural Heritage Commission. The meeting is open to the public and gives members of the community an opportunity to give input to the process. The City Clerk should schedule the item to be in a Recreation, Arts, and Cultural Heritage Commission meeting within 60 days of receiving the request. Should the commission be unable to meet the request staff will prepare a report for the full Council.
If the request is denied by the Recreation, Arts, and Cultural Heritage Commission, no further action is taken. If the applicant is denied and would like to appeal, they may do so to City Council.
If the request is approved, the Recreation, Arts, and Cultural Heritage Commission Chair directs staff to prepare a report for the full Council where public input is again received.
The City Council will make its determination as to the naming or renaming of City-owned land, buildings and facilities at regularly scheduled meetings of the City Council at which staff, representatives of advisory bodies and civic organizations and the general public may offer testimony. If the request is denied by the Council, no further action is taken. If the City Council approves the request, staff is directed to go forward with implementing the naming of the facility. The steps taken to implement the request will be developed as an internal City process. The Council's decision is final and not subject to review.
The type, size, font, and placement of plaques, monuments and signs installed or placed at City facilities shall be at the sole discretion of the City.
The costs of plaques, monuments, and replacement of signs resulting from, or done in conjunction with the dedication or commemorative renaming of a facility, will be borne by the individual, group, or organization requesting the name change, if any.
Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed
Resolution No. 23-07
this Resolution and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional.
Section 7. Effective Date. This Resolution shall take effect immediately upon adoption and shall be effective until revoked by a subsequent resolution adopted by the City Council.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this ___ day of _________ 2023.
Daisy Lomeli
Mayor
ATTEST:
Richard Iglesias
City Clerk
Resolution No. 23-07
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 23-07 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the ___ day of ___________ 2023, and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Iglesias
City Clerk
PARK NAMING APPLICATION
Please complete all questions below. Return completed applications to the city clerk’s office.
1. Information of individual or organization requesting the renaming.
Name _____________________________________________________________ Organization________________________________________________________ Address_____________________________ City______________ State________ Zip Code______________ Phone Number________________________________ E-Mail_____________________________________________________________
2. Current name of park/center (if applicable) and location of park/center to be named/renamed.
___________________________________________________________________________ ___________________________________________________________________________
3. Proposed name of park/center. If the proposed name of the park/center includes a person’s name, the person or authorized designee must provide authorization for the City to conduct a background check.
___________________________________________________________________________ ___________________________________________________________________________
4. Request Type
Օ Naming of a newly constructed facility
Օ Naming of an existing facility previously unnamed
Օ Renaming of an existing facility
5. Facility Type
Օ Park, or recreation space
Օ Building or facility
Օ Other public facility (Please explain) _______________________________________
6. Please indicate below which criteria will be met with the proposed name (please check all that apply):
Օ Historic Names.
Օ Places and Feature Names.
Օ Individuals, Groups, or Organizations.
Օ Donations and Sponsorships.
7. Describe the process involved in choosing the proposed name and what type of public involvement was used.
Attachment B Page 870 of 909
___________________________________________________________________________ ___________________________________________________________________________
8. Does the proposed park name include the name of a person who has been deceased at least 36 months?
Օ Yes
Օ No
9. Please provide the following information regarding the proposed individual to be honored (if applicable)
Օ Biographical information:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Օ Civic involvement:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Օ Connection to the facility:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Օ Reason for Nomination:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
10. Describe how the name will be particularly suitable for the park or recreational facility based on the location or history of the park, facility, or surrounding neighborhood. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
___________________________________________________________________________ ___________________________________________________________________________
11. Describe the potential impact of changing the current name of the park. Include how the proposed name will be received by individuals that have a history or long-term association with this park.
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Additional Information: Please attach any additional information to be considered in the evaluation of the naming request.
---------------------------------------------- For staff use only ---------------------------------------------- Received by: _______________________ Date Received: _____________________ Application Complete: Yes or No
---------------------------------------------------- Staff Review ---------------------------------------------------- Staff Review by: ____________ Approved: Yes or No (Reason Below) Reason:____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ----------------------------------------------- Commission Review ---------------------------------------------- Approved: Yes or No (Reason Below)
Reason: ____________________________________________________________________ -------------------------------------------------- Council Review ------------------------------------------------- Approved: Yes or No (Reason Below)
Reason: ____________________________________________________________________
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STAFF REPORT
Date: February 21, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Stephanie Arechiga, City Attorney
Subject: Teleconference Meetings After Termination of California Emergency Declaration
RECOMMENDATION
The City Council is requested to direct staff to continue teleconference meeting accommodations for public participation following recission of the statewide declaration of emergency resulting from the spread of COVID-19 set to expire on February 28, 2023, and establish a policy that only the first two members of the Council, commission, or standing committee, to notify the City Manager or City Clerk of a teleconference participation request, will be granted teleconference meeting privileges under AB 2449.
BACKGROUND/ANALYSIS
On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), authorizing local agency legislative body members to continue remote participation in meetings during a declared State of Emergency through December 31, 2023, provided local agencies comply with specified requirements. Governor Newsom intends to rescind the California State of Emergency on February 28, 2023, which will remove the conditions needed to implement AB 361.
With the recission of the statewide declaration of emergency, legislative body members will now need to attend meetings in person or adhere to traditional Brown Act teleconference requirements. Traditional teleconferencing under the Brown Act is permitted for all purposes during any meeting so long as:
• A quorum of the legislative body participates from locations within the local agency’s jurisdiction;
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16C
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• The meeting and agenda identify the teleconference location, including a full address and room number, as applicable;
• The agenda is posted at each teleconference location 72 hours before the regular meeting, even if a hotel room or residence;
• The public has access to each teleconference location and there is proper technology for public participation;
• The outlines of the process for the public to address the legislative body directly at each teleconference location;
• The legislative body provides the opportunity for the public to address the legislative body directly at each teleconference location; and
• The legislative body must vote by roll call.
On September 13, 2022, Governor Newsom signed Assembly Bill 2449 (“AB 2449”), effective as of January 1, 2023, permits a non-majority number of legislative body members to utilize teleconferencing participation for meetings without complying to the traditional Brown Act requirements. To avail itself of the teleconferencing rules established under AB 2449, a public agency must comply with the following meeting requirements:
1) A quorum of the members of the agency’s legislative body must participate in person from a singular physical location identified on the agenda; 2) The legislative body must provide either (i) a two-way audiovisual platform, such as Zoom or WebEx, which allows the meeting to be viewed and heard from a remote location, or (ii) a two-way telephonic service and a live webcasting of the meeting, this requirement may be satisfied with any combination of platforms that allows the meeting to be viewed and heard from a remote location;
3) The agenda must give notice of the means by which members of the public may access the meeting and offer public comment; and
4) The meeting must be paused (and no action may be taken), if the broadcasting platform, either audio or visual, is interrupted.
If a member of a legislative body wishes to participate remotely under the new procedures, all of the following requirements, (1) through (4), below, must apply:
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1) The request to remotely participate must be on the basis of a circumstance that qualifies as a “just cause” or “emergency” circumstance within the meaning of AB 2449:
(i) Just Cause Circumstance: At the earliest opportunity possible (including at the start of a regular meeting), the requesting member must notify the legislative body that he/she has a “just cause” reason for participating remotely. The request must generally describe the specific circumstances that prevent in person participation. Under AB 2449, “just cause” is specifically defined to mean any of the following circumstances:
i. A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely;
ii. A contagious illness that prevents a member from attending in person; iii. A need related to certain statutorily defined forms of physical or mental disability; or
iv. Travel while on official business of the public agency or for another state or local agency.
It is important to note that under AB 2449, members are limited to a maximum of two (2) times per calendar year to invoke the “just cause” exception to in-person participation.
(ii) Emergency Circumstance: An “emergency circumstance” is defined to mean a “physical or family medical emergency that prevents a member from attending a meeting in person.” To invoke the “emergency circumstance” exception, the requesting member, as soon as possible, must request that the legislative body allow him/her to participate remotely due to some specified “emergency circumstance.” In turn, the member’s legislative body must take action to approve the request at the earliest opportunity. The legislative body shall also request a general description (not exceeding 20 words) that describes the circumstances relating to the requesting members “emergency.” The requesting member is not, however, required to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law. The member must also make a separate request for each meeting in which he/she seeks to participate remotely under the “emergency” exception.
Participation via teleconference under the “emergency circumstance”
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exception does not count toward the two-meeting limitation applicable to the “just cause” exception.
2) The member must publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals.
3) The member must participate through both audio and visual technology. 4) A member’s remote participation may not exceed (i) three consecutive months, or (ii) 20% of a legislative body’s regular meetings within a single calendar year. Also, if the legislative body regularly meets fewer than 10 times per calendar year, a member’s participation from a remote location cannot be for more than two meetings total.
CONCLUSION
Staff requests the City Council provide direction to continue with teleconference meetings after the termination of the statewide declaration of emergency on February 28, 2023, and adopt a first in time policy for more than two (2) requests for teleconference participation under AB 2449.
STRATEGIC PLAN CORRELATION
None.
FINANCIAL IMPACT
None.
ATTACHMENTS
None.
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STAFF REPORT
Date: February 21, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Stephanie Arechiga, City Attorney
Subject: Adoption by First Reading of Ordinance No. 732 Amending Section 2.16.020 (Director of Finance) of Chapter 2.16 (Director of Finance) and Section 2.24.010 (City Treasurer) of Chapter 2.24 (City Treasurer) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code
RECOMMENDATION
The City Council is requested to adopt by first reading Ordinance No. 732, Amending Section
2.16.020 (Director of Finance) of Chapter 2.16 (Director of Finance) and Section 2.24.010 (City Treasurer) of Chapter 2.24 (City Treasurer) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.
BACKGROUND/ANALYSIS
On October 4, 1982, the City Council for the City of Cudahy (“City Council”) adopted Ordinance No. 294 establishing the City Treasurer position in the City of Cudahy (“City”). The City Council later amended the position on City Treasurer on July 18, 1988 with Ordinance No. 396, and July 13, 1993 with Ordinance No. 474. The Director of Finance in the City is capable of fulfilling the duties of the City Treasurer when no City Treasurer has been appointed.
CONCLUSION
Staff requests the City Council adopt by first reading Ordinance No. 732, Amending Section 2.16.020 (Director of Finance) of Chapter 2.16 (Director of Finance) and Section
2.24.010 (City Treasurer) of Chapter 2.24 (City Treasurer) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.
Item Number
16D
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STRATEGIC PLAN CORRELATION
None.
FINANCIAL IMPACT
None.
ATTACHMENTS
A. Proposed Ordinance No. 732
ORDINANCE NO. 732
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY, CALIFORNIA AMENDING SECTION
2.16.020 (DIRECTOR OF FINANCE) OF CHAPTER 2.16
(DIRECTOR OF FINANCE) AND SECTION 2.24.010 (CITY
TREASURER) OF CHAPTER 2.24 (CITY TREASURER) OF
TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE
CUDAHY MUNICIPAL CODE
WHEREAS, on October 4, 1982, the City Council for the City of Cudahy (“City Council”) adopted Ordinance No. 294 establishing the City Treasurer position in the City of Cudahy (“City”); and
WHEREAS, the City Council later amended the position of City Treasurer on July 18, 1988 with Ordinance No. 396, and July 13, 1993 with Ordinance No. 474; and WHEREAS, the Director of Finance in the City is capable of fulfilling the duties of the City Treasurer when no City Treasurer has been appointed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the recitals above are true and correct.
Section 2. Section 2.16.020 (Director of Finance) of Chapter 2.16 (Director of Finance) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
“Section 2.16.020 Director of finance.
1) Duties. For the purpose of the CMC, when no City Treasurer has been appointed, the Finance Director is designated to discharge the duties of the City Treasurer as set forth in CMC Section 2.24.010.
Notwithstanding the above, any application required to be filed with the city or fee required to be paid by the city pursuant to the provisions of this code shall be filed with or paid to the director of finance, unless otherwise by this code provided.
2) Bond. Upon entry to office, the director of finance shall execute a bond to the city in conformity with the bonds of public officers and with the provisions of the Government Code of the state relating thereto and in an amount approved by resolution of the city council.”
Section 3. Section 2.16.020 (Director of Finance) of Chapter 2.16 (Director of Attachment A Page 879 of 909
Ordinance No. 732
Finance) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
“Section 2.16.020 City treasurer.
1) Duties. The city treasurer shall perform such duties as are set forth in the Government Code and in this code and as the city council from time to time shall direct or authorize.
2) Bond. The city treasurer, upon entry to office, shall execute a bond to the city, in conformity with the bonds of public officers and in conformity with the provisions of the Government Code relating thereto, in an amount approved by resolution of the city council.”
Section 4. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.
Section 5. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
Section 7. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 8. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.
This Ordinance shall become effective thirty (30) days after adoption.
Ordinance No. 732
PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this XXX day of XXXX 2023.
________________________________
Daisy Lomeli, Mayor
ATTEST:
_________________________________
Richard Iglesias, City Clerk
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STAFF REPORT
Date: February 21, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Stephanie Arechiga, City Attorney
Subject: Adoption by First Reading of Ordinance No. 733 Amending Section 20.84.260 (Allowed Temporary Uses) of Part 4 (Temporary Use Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) of the Cudahy Municipal Code
RECOMMENDATION
The City Council is requested to adopt by first reading Ordinance No. 733, Amending Section
20.84.260 (Allowed Temporary Uses) of Part 4 (Temporary Use Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) of the Cudahy Municipal Code.
BACKGROUND/ANALYSIS
On July 17, 2018, the City Council for the City of Cudahy (“City Council”) adopted Ordinance No. 690 amending the City of Cudahy’s (“City”) Municipal Code and Zoning Map. Municipal Code Section 20.84.260 (Allowed Temporary Uses) establishes the allowed temporary uses in the City of Cudahy (“City”). The Municipal Code in its current form contains outdated and vague language and the staff is requesting the City Council accept the proposed amendment to correct the language.
CONCLUSION
Staff requests the City Council adopt by first reading Ordinance No. 733, Amending Section
20.84.260 (Allowed Temporary Uses) of Part 4 (Temporary Use Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) of the Cudahy Municipal Code.
Item Number
16E
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STRATEGIC PLAN CORRELATION
None.
FINANCIAL IMPACT
None.
ATTACHMENTS
A. Proposed Ordinance No. 733
ORDINANCE NO. 733
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY, CALIFORNIA AMENDING SECTION
20.84.260 (ALLOWED TEMPORARY USES) OF PART 4
(TEMPORARY USE PERMITS) OF CHAPTER 20.84
(PERMIT PROCEDURES) OF TITLE 20 (ZONING) OF THE
CUDAHY MUNICIPAL CODE
WHEREAS, on July 17, 2018, the City Council for the City of Cudahy (“City Council”) adopted Ordinance No. 690 amending the City of Cudahy’s (“City”) Municipal Code and Zoning Map; and
WHEREAS, Cudahy Municipal Code Section 20.84.260 (Allowed Temporary Uses) establishes the allowed temporary uses in the City; and WHEREAS, Municipal Code Section 20.84.260 in its current form contains outdated and vague language.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the recitals above are true and correct.
Section 2. Section 20.84.260 (Allowed Temporary Uses) of Part 4 (Temporary Use Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
“Section 20.84.260 Allowed temporary uses.
Upon submittal of a Temporary Use Permit application, the following temporary uses and developments may be initiated, altered, or maintained upon approval by the Community Development Director, or his or her designee, pursuant to this section:
A. Temporary Carnivals, Circuses, Fairs, and Similar Events. Applications for such events shall be submitted for review no less than 30 days prior to the first day of the event, and shall be subject to the following restrictions:
1. Duration. Events shall not exceed four days within any six-month period, provided the event is located on property owned or leased by a public agency, or on the grounds of the sponsoring organization per subsection (A)(2) of this section.
2. Civic Events. Events shall be permissible only if sponsored by a public agency or a religious, educational, fraternal, service, or community based nonprofit organization directly engaged in civic or charitable endeavors.
Attachment A Page 885 of 909
Ordinance No. 733
3. Limitation of Days. Events shall be limited to three days in any six-month period, but the Director of Community Development may authorize a fourth day if the location, conduct, or timing of the event suggests that the event will not unduly impose on its neighbors.
4. The Director of Community Development may delegate to the Planning Commission, his or her reviewing authority, of any event that requires closure of, or obstruction to, public right of ways.
B. Christmas Trees. The outdoor sale of Christmas trees and wreaths on private property, between December 1st and December 25th of any calendar year, inclusive, to the extent permitted by other applicable ordinances, statutes, and regulations; provided, that any temporary structures and materials used shall be removed from the premises and the property restored to a neat and broom-clean condition by December 31st. A site plan shall be submitted to the Director of Community Development for review and approval, or denial of a location for such outdoor sales.
C. Outdoor Sales of Flowers and Gifts. Outdoor sales of flowers and gifts on private property are prohibited, except for a business licensed to sell flowers that has been licensed to sell flowers for more than one year. Flower shops may obtain a temporary use permit, provided the applicant submits proof showing sales of flowers exceeds 25 percent of annual gross receipts for the business. Sales shall be conducted on the same location as the flower shop. A site plan shall be submitted to the Director of Community Development for review and approval or denial of the location for such sales.
D. Outdoor Sales. Temporary uses of land, including temporary outdoor sales and the erection of booths, tents, or parking of trailers on private property for temporary activities conducted either outdoors or within temporary structures, when such uses are allowed in the applicable zone with the approval of the Director of Community Development. A maximum of four (4) outdoor sales events may be permitted on a site, with each event limited to a maximum of seven (7) days. The location of an outdoor sales event shall not interfere with automobile circulation and shall be designed in a manner to allow free pedestrian movement both within and around the vicinity. Activities associated with outdoor sales events shall not be located on, or interfere with, public right of ways. A site plan shall be submitted to the Director of Community Development for review and approval or denial of a location for such outdoor sales.
E. Additional Temporary Uses. In addition to the above uses, the Director of Community Development may authorize temporary uses not listed in this section.
The proposed uses under the Community Development Director’s discretion may be granted only when the proposed activity complies with the following:
Ordinance No. 733
1. Site Suitability. The site for the proposed temporary use is adequate in size and shape to accommodate such use.
2. Neighborhood Compatibility. The Community Development Director shall consider the nature, condition, and development of adjacent uses, buildings, and structures and the effect the proposed use may have on such adjacent uses, buildings, and structures.
3. Access and Circulation. The site for a proposed temporary use should relate to streets and highways adequate in width and pavement to carry the kind and quantity of traffic such use would generate.
4. Safety and Welfare. The proposed temporary use will not be detrimental to the public interest, health, safety, convenience, or welfare.
5. Distance Requirements. To avoid impacts resulting from proliferation, temporary uses with similar operations shall not be located within 500 feet from each other. This distance shall be measured in a straight line without regard to intervening structures, from the nearest property line where an existing temporary use is located to the nearest property line of a similar proposed temporary use.
6. Duration. Upon making the aforementioned findings, the Director of Community Development may allow a temporary use for a maximum of twelve (12) consecutive months. Applicants may request a one-time extension of up to twelve (12) months by submitting a written request that includes explanation of how the temporary use has maintained conformity with the findings of this subsection. The Community Development Director shall review requests for time extensions and approve or deny based on information presented including evidence obtained from City records.”
Section 3. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.
Section 4. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each
Ordinance No. 733
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
Section 6. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 7. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.
This Ordinance shall become effective thirty (30) days after adoption.
PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this XXX day of XXXX 2023.
________________________________
Daisy Lomeli, Mayor
ATTEST:
_________________________________
Richard Iglesias, City Clerk
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
02/21/2023 Page 1 of 2
STAFF REPORT
Date: February 21, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Appoint Board Members to the Planning Commission
RECOMMENDATION
The City Council is requested to review applications and appoint commission applicants to the Planning Commission.
BACKGROUND AND ANALYSIS
On May 17, 2022, City Council adopted Ordinance No. 722, amending Chapter 2.36 of Title 2, attached for reference.
In accordance with Ordinance No. 722, each Council Member shall appoint one commissioner to the Planning Commission. The appointed commissioner shall serve concurrently with the Council Member who appointed them.
The Planning Commission serves in an advisory capacity to the City Council on land-use policy planning matters which guide the City's future growth, development, and beautification, including public and private buildings and works, subdivisions, streets, parks and playgrounds, and unimproved real property. This Commission meets on the third Monday of each month at 6:30 p.m.
To qualify to serve on the planning commission, individuals must meet one of the following:
• Cudahy Resident
• City Business Owners
Item Number
16F
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
02/21/2023 Page 2 of 2
• Employed in the City
• Nonprofit that provides services in the City
City Council Members may appoint commission applicants or choose to bring forward their nominee, and staff can verify after the fact if they meet qualifications.
CONCLUSION
Due to the recent General Municipal Election and newly elected Council Members, the City's Planning Commission has two vacancies. Therefore, Vice Mayor Gonzalez, and Councilmember Gonzalez are recommended to appoint Cudahy Residents to serve on the Planning Commission concurrent with their term of office.
STRATEGIC PLAN CORRELATION
Goal F
4. Identify methods to connect with community members, including soliciting input on a regular basis.
7. Foster relationship building among residents.
FINANCIAL IMPACT
There is no fiscal impact in the review and selection of commission appointees.
ATTACHMENT
A. Applications
B. Ordinance No. 722
C. Resolution No. 22-40
Attachment A Page 891 of 909
ORDINANCE NO. 722
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY AMENDING CHAPTER 2.36 (PLANNING
COMMISSION) OF TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE CUDAHY MUNICIPAL CODE
WHEREAS, on September 7, 1982, the City Council for the City of Cudahy ("City Council") adopted Ordinance No. 290 establishing the Planning Commission in tht: City of Cudahy ("City"); and
WHEREAS, on November 1, 1993, the City Council adopted Ordinance No. 486, amending the organization of the Planning Commission; and WHEREAS, on February 7, 1994, the City Council adopted Ordinance No. 490, further amending the organization of the Planning Commission; and WHEREAS, on June 12, 2022, the City Council adopted Ordinance No. 578, once again amending the organization of the Planning Commission; and WHEREAS, Planning Commissioners provide a valuable service to the City by advising the City Council on numerous planning issues; and WHEREAS, on April 5, 2022, the City Council adopted Ordinance No. 719 amending Chapter 2.32 (City Commissioners) to ensure Commissioner qualifications, appointments, and terms are uniform for all Commissioners; and WHEREAS, the City Council wishes to update the Cudahy Municipal Code to ensure conformity among all commissions in the City, including the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the recitals above are true and correct.
Section 2. Chapter 2.36.010 (Planning Commission) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
"2.36.010 Planning Commission.
(1) Creation of Commission. There is hereby created and established a planning commission for the city.
(2) Membership. The planning commission shall consist of five members.
Attachment B Page 901 of 909
Ordinance No. 722
(3) Organization. The planning commission shall annually, at its first meeting in May of each calendar year, elect a chairperson and chairperson pro tem from among its members. The chairperson pro tempore may use the title "vice chairman/person" instead of chairperson pro tempore upon informing the commission secretary of that choice. The commission shall appoint a secretary, who need not be a member of the commission.
(4) Powers and Duties. The planning commission shall have all the powers, rights, and duties provided and given to the city planning commission under the laws of the state. In addition to the powers, rights, and duties given by such laws, the commission shall have the following powers, rights, and duties without limitation to the powers given by the laws of the state:
a) To recommend to the council and other officers of the city plans for the regulation of the future growth, development, and beautification of the city, including public and private buildings and works, subdivisions, streets, parks, playgrounds, and unimproved real property;
b) To recommend to the council plans for the future growth and development of the city in order to provide proper and adequate public utilities, sanitation, and other commercial and residential services; c) To recommend to the council for approval or disapproval maps or plats for the division of real property within the city and to approve and recommend the annexation of real property to the city. All maps or plats of real property shall be submitted to the planning commission for approval or disapproval before any recommendation is made to the council thereon; d) To make suggestions and recommendations to the council from time to time concerning the future needs and growth of the city, including the location and development of public and private buildings, structures, and grounds, and to recommend from time to time, upon request, the locations, architectural design, and use of buildings, structures, or works owned or controlled by private parties to be erected or maintained in the city;
e) To recommend to the council or other public officers of the city the location, architectural design, and use of public buildings, structures, and works controlled by the city or other political subdivisions within the city and to recommend the adoption of building restrictions and ordinances or codes restricting the use of property in residential, industrial, commercial and other zones within the city;
f) To consider and make recommendations on any proposed ordinance or resolution referred to the commission by the council and to investigate, suggest, and make recommendations on any matter submitted to the commission by the city manager or council for consideration and
Ordinance No. 722
recommendation; and
g) Any other powers and authority granted to the planning commission by the laws of the state.
(5) Advisory Members.
a) The Council may, by resolution, appoint advisory members to the planning commission, which members shall be selected from the offi,:;ers, employees, and elected officials of the city.
b) The term of each advisory member shall correspond to the member's term of office or term of employment with the city.
c) Each advisory member so appointed may designate an assistant or deputy to sit on the commission in the absence of the advisory member. d) Advisory members shall advise and consult with the commission and shall perform such other duties as may be prescribed by resolution of the council.
e) Advisory members sitting on the commission shall not be entitled to vote. (6) Appointed planning commissioners must adhere to all requirements and regulations set forth in CMG 2.32."
Section 3. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.
Section 4. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
Section 6. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall
Ordinance No. 722
be construed as continuations of the earlier provisions and not as new enactments.
Section 7. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.
This Ordinance shall become effective thirty (30) days after adoption.
PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this 17th day of May 2022.
ATTEST:
City Clerk
Elizabeth A antar
Mayor
Ordinance No. 722
STATE OF CALIFORNIA )
CERTIFICATION
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 722 was introduced for a first reading on the 3 rd day of May 2022 and
approved for a second reading and adopted by said Council at its regular meeting held on the 17th day of May 2022 by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Lomeli, Gonzalez, and Alcantar
None
Lozoya, Guerrero
None
RESOLUTION NO. 22-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA ESTABLISHING THE
OBJECTIVES AND POLICIES FOR THE PLANNING
COMMISSION
WHEREAS, on April 5, 2022, the City of Cudahy ("City") adopted Ordinance No. 719, amending Chapter 2.32 (City Commissioners) of Title 2 (Administration and_ Personnel) of the Cudahy Municipal Code ("Municipal Code"); and WHEREAS, on May 17, 2022, the City adopted Ordinance No. 722 amending Chapter 2.36 (Planning Commission) to coincide with the recently implanted Ordinance No. 719.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.
SECTION 2. The Cudahy City Council hereby repeals all previous resolutions regarding the composure of the Planning Commission and adopts the following City of Cudahy Planning Commission Objectives and Rules:
"CITY OF CUDAHY
PLANNING COMMISSION OBJECTIVES AND POLICIES
I. Purpose
The Cudahy Planning Commission ("Planning Commission'; is established pursuant to Ordinance No. 722.
II. Qualifications
Planning Commissioners shall meet the qualifications set forth for all Commissioners in Chapter 2.32 of the Cudahy Municipal Code.
Ill. Appointment and Removal
Planning Commissioners shall be appointed and removed pursuant to Chapter
2. 32 of the Cudahy Municipal Code.
IV. Organization
The Planning Commission shall elect its chairperson and vice chairperson from among its members for a term of one year and, subject to other provisions of law, may create and fill such other offices within its membership as it may determine Attachment C Page 906 of 909
Resolution No. 22-40
are necessary and convenient. Such officers shall hold their respective positions and status at the pleasure of a majority of the Commission.
The Community Development Director will serve as the staff liaison. The City Clerk's office will serve as the secretary for the Planning Commission.
V. Absences
All Planning Commissioners must abide by the "Absences" section of Chapter 2.32 of the Cudahy Municipal Code.
VI. Vacancies
All Planning Commissioners must abide by the "Vacancy" section of Chapter 2.32 of the Cudahy Municipal Code.
VII. Rules and Regulations
All Planning Commissioners must abide by the "Code of Conduct" section of Chapter 2.32 of the Cudahy Municipal Code.
The Planning Commission may pass resolutions adding rules in addition to Chapter 2. 32 of the Cudahy Municipal Code but cannot remove any requirement from said chapter.
VIII. Meetings
Planning Commission meetings shall be held on the third Monday of each month.
Meetings will start promptly at 6:30 PM.
Minutes for each meeting shall be made available for inspection approximately thirty (30) days after each meeting at the next scheduled meeting.
IX. Youth Appointee
The Planning Commission will have up to two (2) Youth Appointees, appointed by a majority of the Commissioners. The Youth Appointee will not have any voting rights or count towards the quorum. The Youth Appointee will participate in meetings providing feedback and insight to the Planning Commission.
X. Compensation
Members of the Planning Commission shall be paid fifty-five dollars ($55) per regularly scheduled monthly meeting, and the Chairman shall be paid sixty-five dollars ($65) per regularly scheduled monthly meeting." SECTION 3. This Resolution shall take effect immediately upon adoption. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
2
Resolution No. 22-40
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 5
th day of July 2022.
Mayor
3
Resolution No. 22-40
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 22-40 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 5
th day of July 2022 and that said Resolution was adopted by the following vote, to-wit:
AYES: Guerrero, Lozoya, Lomeli, Gonzalez, and Alcantar
NOES: None
ABSENT: None
ABSTAIN: None
Richard lglesig�
City Clerk
4