At a special meeting, the Montebello City Council approved a stipulation to continue an administrative appeal involving Jungle Gifts and Snacks for four months, contingent on conditions the city said will ensure code compliance.
The city attorney told the council that he and city staff had reviewed a revised floor plan submitted by the appellant’s attorney, Michael Ayaz, and concluded that implementing that plan ‘‘would then put the applicant in compliance with the Montebello municipal code.’’ The attorney read the stipulation into the record, which the council approved by voice/roll-call vote.
Under the stipulation, the appellant must provide finalized, professionally drawn floor plans showing no more than 9.99% of the premises’ shelving or floor space devoted to tobacco products or paraphernalia. The city reserves the right to audit the appellant’s sales consistent with the municipal code and said the final percentage will be reflected in the submitted plans.
The stipulation also requires the city attorney and the appellant’s counsel to conduct an on-site review with appropriate city staff and the appellant’s representatives to evaluate implementation of the terms. The city attorney told the council the city reserves its right to set a hearing on the administrative appeal without further public notice, but the appellant would receive at least 15 calendar days’ notice.
Michael Ayaz, the appellant’s attorney, said, “So stipulated,” indicating his client’s agreement. The council then closed the public hearing at 5:09 p.m., moved to accept the stipulation, and recorded a 5-0 vote in favor.
The city attorney said the stipulation will be memorialized in writing and signed by the mayor. The special meeting concluded and the council planned to reconvene for its regular 6:00 p.m. meeting.