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CC - Item 8A - Minutes 11-17-09Minutes of the City Council Community Development Commission Planning Commission Traffic Commission and Youth Ad Hoc Committee November 17, 2009 The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 6:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Mayor Pro TemNice-Chair INVOCATION: Council Member PRESENT: Mayor/Chairwoman Clark, Mayor Pro Member/Commissioner Armenta, Council Membe Member/Commissioner Ly. Chairwoman Herrera Commissioner Hunter, Commissioner Ruiz. Chair Hall, and Commissioner Lewin. Chair Tuong, Vic( Hallinan, Loc, Quezada ABSENT: Traffic Deputy 1. 2. A. Claims Resolution No. 2009 - 36 - None Recommendation: Adopt Resolution No. 2009-36 for payment of Commission expenditures in the amount of $7,111.84 demand nos. 100065 and demand nos. 11185 through 11188. Resolution No. 2009 - 37 Rosemead City Council Meeting Minutes of November 17, 2009 Page 1 of 44 ITEM NO, man Taylor, Council Low, and Council con, Commissioner Eng, issioner Deary, Commissioner d Committee Members Dao, ;ant City Manager Hawkesworth, City Attorney feki, Director of Finance Brisco, Director of Parks )eveiopment Administrator Ramirez, Public Affairs Marcarello, and City Clerk Molleda. Recommendation: Adopt Resolution No. 2009-36 for payment of Commission expenditures in the amount of $105,275.14 demand nos. 100066 through 10070 and demand nos. 11189 through 11164. Commissioner Steven Ly made a motion, seconded by Commissioner Polly Low to approve the Commission Consent Calendar. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None ; Absent: None 3. INTRODUCTION OF DRAFT STRA A. Over the past several months the City Coun a Strategic Plan to establish a long-term visi the City. The Council will introduce the Drai Commission, Traffic Commission and Youth this joint meeting is to receive comments on into final form for City Council adoption. City Manager Jeff Allred review Endeavor and stated she would Commissions. staff Ch Council and the Commissions a might have. Ms. Harper explain asked the community their perc, That statement of value becam( explained that she understood t Plan and the General Plan but s Strategic Plan; the Strategic Pla Ms. Harper reviewed the "Visior orked on the developm II as goals and strateg c Plan to the Planning Committee. The purp document before it is stine Harper of Brand City Council and the w ent of we ies for ~gi c ose of aft placed )al for the day was to have a conversation between the City to receive any feedback and comments that the Commissions that a survey had been conducted earlier in the year, which ons of Rosemead and where they wanted Rosemead to go. e foundation to develop the Strategic Plan. Ms. Harper also .ity had other plans in process such as the Facilities Master explained that although those items are addressed in the ras not meant to supersede the other plans. 2020" Mayor Margaret Clark stated that she had brought the issue up before regarding addressing Rosemead as being "in the heart of the city". Mrs. Clark explained that she thought that implied that Rosemead was just part of Los Angeles. Council Member Ly asked if it would be better to amend that statement to say "in the heart of the valley". Rosemead City Council Meeting Minutes of November 17, 2009 Page 2 of 44 Mrs. Clark stated that something like that would be better and added that she thought that statement was going to be worked on. Ms. Harper apologized and stated that she had misunderstood and had just taken off the word "Los Angeles" and changed it to the "city". She added she would work on amending that section. Planning Commissioner Nancy Eng stated she would also like to see something added on the statement that says the businesses store fronts need to be clean and appealing. Traffic Commission Chair Howard Masuda referred to the sentence that addressed schools and quality of education; he added that it needed to include the City's recreational centers because the schools were not the only ones providing educational programs. Commissioner Keno Deary arrived at 6:12 p.m. Y . Mayor Margaret Clark stated that she liked the valley. Ms. Harper stated that they would that not everyone knew what the environment. Planning Comi only in Chinese the heart of that worried her about that was sn't describe the type of iter stated that she has observed signs on businesses that are City needed to be more careful with the signs that go up. 1 on the plan for the next two years (2010 and 2011). I he would like to see implementing the City's new street to signal to the surrounding cities that this is a different 3ted that the new signs enhanced public safety because essed concern over streets in Rosemead that do not residents would have to pay for the implementation of Planning Commissioner Victor Ruiz stated that the City could get some funding from the Safe Roads to School program. Mr. Ruiz stated that he had collected $250 thousand for the City of La Mesa from this program and it also included funds for policing. Traffic Commission Chair Howard Masuda stated that he knew speed in the City streets was a concern and suggested that maybe the plan include the creation of a Traffic Calming plan. Ms. Harper reviewed the goals for Strategy 2 of the Strategic Plan. Rosemead City Council Meeting Minutes of November 17, 2009 Page 3 of 44 Ms. Harper reviewed the goals of S Mayor Margaret Clark stated that on strategy 3 if it was necessary to engage a consulting firm to initiate a Redevelopment Plan amendment, City Attorney Rachel Richman stated that the study was very detailed that was done parcel by parcel and usually it was done by consultants. Planning Commission Chair Diana Herrera stated she noticed the plan addresses implementation of commercial building facades and asked why not include residential properties. Ms. Harper reviewed the goals for Strategy 4 of the Strategic Traffic Commissioner Keno Deary stated he noticed this was under parks and asked if there was a plan to utilize those areas as parks that are under the corridors. He added that it did not seem safe to have a park for kids under transformers. Planning Commission Vice-Chair William Alarcon asked if the plan was only talking about pocket parks from Edison that were under the transmission lines. Ms. Harper reviewed the goals for Planning Commissioner Nancy Eng City Manager Jeff All taxes to anyone; the., no increase in taxes. bond was the city looking ut a bond that would add existing taxes. There will be that in regards to the implement development impact ee cell phone transmission mono palms included, also added that shi history of RosemeE more personal feel 1 stated she would like to second Mr. Lewin's comments. She City for many years and felt that maybe staff could compile the have been here for many decades; that would give the City a the City stand out as a City. Council Member Sandra Armenta stated that the City did have a historical book for the first 25 years and it would be nice to compile history from the 25 years that were already recorded to now. Mayor Margaret Clark stated that Myrna Brown compiled some more of the history of Rosemead. Council Member Polly Low stated that it would be great to involve some of the residents to engage in the process of compiling stories and the history of Rosemead. Rosemead City Council Meeting Minutes of November 17, 2009 Page 4 of 44 Ms. Harper asked if there were any questions or comments on the goals for Strategy 7, 8, or 9 of the Strategic Plan. Traffic Commissioner Brian Lewin referred to Strategy 9 and stated that it would be nice for faith based organizations to have some sort of inclusive language to indicate that the City is looking at all faith based organizations in the City. Ms. Harper asked if there were any questions or comments on the goals for Strategy 10 and 11. Planning Commissioner Nancy Eng stated she would also like to suggest adding among residents and business to Strategy 11. Council Member Steven Ly asked that "Concerts in the Parks" event also be included under this strategy. Planning Commission Vice-Chair William Alarcon was included under this strategy he would also like to group of people, Hispanics, such as Cinco de Mayo or Ms. Harper asked if there were any Council Member City was not in the contract city. Howe the City's contract with a personal fe( her City Manager Jeff Allred December 8, 2009. The City Council at 6:46 p.m. would be back for City Council's approval on The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 7:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Mayor Pro Tern Taylor INVOCATION: Council Member Armenta the Lunar New Year event included for the City's largest n als for Strategy 12 and 13. :ioned before he thought the reason the )ring cities was because Rosemead is a at attempt in creating a personal feel with the city to continue to be a contract city is or comments on the goals for Strategy 14 and 15. were not further questions or comments. Rosemead City Council Meeting Minutes of November 17, 2009 Page 5 of 44 PRESENT: Mayor Clark, Mayor Pro Tern Taylor, Council Member Armenta, Council Member Low, and Council Member Ly. STAFF PRESENT: City Manager Allred, Assistant City Manager Hawkesworth, City Attorney Montes, Community Development Director Saeki, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Deputy Public Works Director Marcarello, and City Clerk Molleda. 4. PRESENTATIONS Breast Cancer Awareness and End Lisa Yang, President of the Improving the Lives of receive the proclamation. Joint Proclamation was present to Wells Fargo Bank - Pres Rosemead Public Safety Wells Fargo Bank representatives Safety Department. City of Rosemead Public Iacono Financial Contribution to the City of People for People; Mrs. Knapp read the ion. She asked that people bring iey feed during the holidays and ght turkeys to this event they would be A Joint City Council and Community Development Commission Public Hearing on the Expenditure of Community Development Commission Funds for the FY 2009-10 Capital Improvement Plan for the Development of a Synthetic Track at Rosemead High School and the Approval of an Agreement with the El Monte Union High School District Rosemead City Council Meeting Minutes of November 17, 2009 Page 6 of 44 Approximately one year ago the City Council authorized partnership efforts with the El Monte Union High School District to determine the feasibility of installing a synthetic track at the Rosemead High School Stadium for both school and community use. Through these discussions it has been tentatively agreed upon that the City would assume 60% of the construction costs and the District would be responsible for 100% of the ongoing maintenance costs associated with the track. Recommendation: 1. That the Community 1 2009-35 making the Code Section 33445. 2. That the City Cc appropriate find and the Council 3. That the City Council the District for the coi synthetic track install $800,000 Assistant City Mayor Ldl 1 y 1 Cl.l1 - rl II R IPC31 UI Rl employee for the district for : gives to the youth of the City of the City and it was one of stated they are looking forty; program on campus. Mr. CE up to the podium and introdL ission adopt Resolution No. under Health and Safety opt Resolution No. 2009-59 making the ler Health and Safety Code Section 33445 i to the proposed Commission expenditures. prove the Agreement between the City and ruction and ongoing maintenance and use of a at Rosemead High School, and authorize Dpment funds in an amount not to exceed ity's portion of construction, project staff 1 P.M. High School thanked the City and stated he had been an and had always been overwhelmed from the support the City nead. Mr. Cecil added that the track will be one of the gems ,ts that the City will be helping the district undertake. He louth activities on this track and starting a kids running Elizabeth Lyons, Britney Munoz, and Christopher Lee come ;elves and thank the City Council. Elizabeth Lyons - stated that the students cared and got involved more than a year ago and asked the City Council and the El Monte High School District to help fund an all weather track in Rosemead High School and added that now the five members of the Council can get involved by voting and helping get this track built. Ms. Lyons added that this will help the 2000 students in the school, the thousand students in the future, and the Rosemead community for many years, she thanked Council for their consideration. Rosemead City Council Meeting Minutes of November 17, 2009 Page 7 of 44 Chuck Lyons - stated that he could not thank the City enough for their support on this project and added that this was a real good community builder. Mr. Lyons stated that he had recently observed the Rosemead Park trail getting too crowded and felt that this will help alleviate those crowds. Mr. Lyons stated that at the Junior Olympics Southern California he had spoken to a Western Regional representative who advised him that he would be interested in bringing the Junior Olympics to Rosemead because of its central location. Mayor Margaret Clark closed the Public Hearing at 7;24 p.m. Mayor Pro Tem Gary Taylor stated he was going to have to vot two rubberize tracks; the city just did the track and it was close tc lights on the Rosemead Park track. He stated that this project wi make a total of almost $2 million for rubberized running track. Mr made a very good point in bringing up all the recognition that the activities that are currently conducted on the d!rt track. He also r the Commission and Council had to make regardinq funding the conditions; he asked what the track had to do wit support the funding of it but also thought that the Council Member Polly Low asked the same type of material on the Rc Assistant City fight. He sta i this item because of the thousand, which included $1.2 million and that would r added that Mr. Lyons had chool gets for their sports :ed the determinations that ect to eliminate blight that not only did he not i of State law. be used on the new track was not identical. fund this track. use general funds but however the City was not. Mrs. Low stated that she wanted to go back to the issue of redevelopment money; she thought that it was great for the kids to be so involved in sports, however, wanted to remind everyone that the purpose of redevelopment money was for the City to invest in certain areas and increase value of that area and then the City gets money back to go to the redevelopment agency. She stated that she agreed with Mr. Taylor and that using the criteria it did not fit to use redevelopment money. She referred to page 1 of 3 of the report and spoke about blight and the need to use these funds on other areas of the City that did have blight; she added that this was not the best use of the money. She stated that she would like to help the school by using funds from another pot of money, if available, but not redevelopment money. Mayor Pro Tem Gary Taylor stated he believed Mr. Lyons had spoken about a year ago about there being promotional money through grants that they were going to try and apply for that track. Rosemead City Council Meeting Minutes of November 17, 2009 Page 8 of 44 Mr. Lyons responded that there was a $100 thousand tire grant that he believes the City used for the Rosemead Park trail. Mr. Hawkesworth responded that the City had received a grant that was related to using recycled material for street resurfacing but had not received a grant that could be used for the track. Council Member Polly Low asked what the agreement of operating hours was. Mr. Hawkesworth stated it would be opened to the public like the park, which technically closes at 10:00 p.m., except when the school has it closed for specific use such as a football games. Council Member Steven Ly stated that earlier when items was that the City would like to have partnership quality education and no one challenged that statemE thought that this was one of the uses of that; the City the reason why the cost seems high is because this is would not eliminate blight directly but what this track c such as the Relay for Life event. Mr. Ly stated all the generates traffic then it generates the economy arour Boulevard; although that area may not be specificaliy potential. Mr. Ly also added that in regards to using i had voted to use redevelopment funds to build the Rc it when it was beinc artnering with one a long term benefit fered was for the a including parts of Rosemead t they are lacking economic ant funds; the previous Council Plan one of the that support high 3cussed then. He ie local schools and the area. He stated it 1 to hold other events is and when it Council Member Sandra Armenta stated she agreed with Mr. Ly and that in talking about investment; what better investment than to invest in the City's youth. The possibility of one of the children getting injured and not being able to apply for a scholarship to go to college is not worth it. This is an opportunity to give back to the community and if this is an opportunity to eliminate injuries then she totally agrees with Mr. Ly. Mayor Pro Tem Gary Taylor stated the Council had just heard a glowing report from Mr. Lyons on how great their programs are working; he added that he could not justify the need to put a rubberized track down and it is a waste of tax payer's money. Council Member/Commissioner Steven Ly made a motion, seconded by Council Member/Commissioner Sandra Armenta, to approve staff's recommendations. Vote resulted in: Yes: Armenta, Clark, Ly No: Low, Taylor Abstain: None Absent: None Council Member Polly Low stated she supported the trail but felt that the City should not use redevelopment money for the school's running trail. Rosemead City Council Meeting Minutes of November 17, 2009 Page 9 of 44 Mayor Margaret Clark stated she would like to point out that Mrs. Low voted to use redevelopment money for the Rosemead Park jogging trail. Council Member Polly Low stated she would also like to emphasize that it also has to do with the trails being so close together. B. Appeal of Planned Development Review 09-01, Approval - UFC Gym On October 19, 2009, the Rosemead Planning Development Review 09-01 (PDR 09-01) authi square foot commercial building at 8920 Glenc October 28, 2009, a member of the City Counc Commission's decision be appealed to the City consideration. Recommendation: That the C Commission's approval of this Community Development Director Brian Saeki A PowerPoint presentation was made by Mr, A Verbatim dialogue determine fission approved Planned the conversion of a 39,703 y into a UFC Gym. On ssted that the Planning ;il for further discussion and the Planning report. Senior Vice-President. Council Member Low: approximately how much is the cost for membership? Mr. Sedlack: there is going to be multiple different levels of memberships. There are two, and we are also going to have special unique rates; for example, if you are a police officer that works in the City of Rosemead or a fireman that works in Rosemead you are going to have no enrollment fee on all of our membership programs. If you are a students, from what I heard today, let's create a new policy; no enrollment fee for any student because I want them in our gym exercising and having fitness. Dues are going to be as low as $29 a month and as high as $99 dollars a month for those who do group training. Mayor Pro Tem Taylor would you clarify who Dana White is? Mr. Sedlack: Dana White is the president of the UFC, he is a ten percent owner of the UFC who is controlled by Zuffa. His supervisor, if you will is Lorenzo Fertitta, who is the CEO of UFC. Dana's main responsibility is setting up UFC fights; promoting UFC fights; and UFC sanction fights; and also reaching out to local governments and educating everybody on the new brand of the UFC. Mayor Pro Tem Taylor you mentioned that you had a conversation with the major and I, and you had stated that you have to go back to your board of directors. There were two names that you gave us, and they were who? Rosemead City Council Meeting Minutes of November 17, 2009 Page 10 of 44 Mr. Sedlack: Lorenzo Fertitta and Mark Mastrov. Mark Mastrov is the NEFC founder and has controlling rights and operations; and Lorenzo Fertitta is the chairman of Zuffa who controls Station Casinos and controls UFC and is a fifty percent capital partner. Mayor Pro Tem Taylor. I have to admit to the fact that I never watched the UFC fight channel browsing, and I say I am not going to watch someone get beat up there; so I just kept going. But after you had your Planning Commission meeting, a program came out three or four days later; it was on a nightline program and its was titled From Brutality To Gold; And I mentioned to you that my main objection was people beating up people. I never watch any of these fights, so I went to spike as you said on the minutes here, I went to spike TV channel and I watch about 12 to 15 different fights; and to me the UFC logo which you have to carry on your promotions, UFC, somehow or in other I cannot put the connection together, who is really controlling what; and you have in your gym the octagon, the fighting cage. Mr. Sedlack: it's the octagon, not a fighting cage. Mayor Pro Tem Taylor the octagon, well we've seen it; it's on every spike fight they have. They are in an octagon usually during their fighting. And you mention that there is not going to be any sparring down here. Mr. Sedlack: if we look at the Mayor Pro Tem Taylor. Number 34 and 35 ; Mr. Sedlack: there is different mixe d martial art that people are going to be able to take. I am going to give you an example; first of all t here is jujitsu; which you have to touch somebody's arm to show them technical movements and tho se types of things; so there's going to be what you would call controlled impact. But there is not u ncontrolled sparring, or fighting allowed what so ever inside these gyms. But you have to, in wo men self defense. The instructor has to be able to have what is called a toy gun and the instructor i s going have to show the female how to handle that situation, there will be a little bit of physical contact there. But there's nothing to do with fighting, physical direct contact. Mayor Pro Tem Taylor up in Concord you have a Saturday night program, something to do from 7pm to 9pm where members can come in and watch 7 or 8 bouts. Mr. Sedlack: that is incorrect, its off site and its at a local bar which is about 20 minutes. Mayor Pro Tem Taylor, it didn't say that in the minutes. Mr. Sedlack: it's in Walnut Creek, which is down from Concord. Mayor Pro Tem Taylor what was in the minutes? Rosemead City Council Meeting Minutes of November 17, 2009 Page 11 of 44 Mr. Sedlack: I don't know about everything, about every Saturday night, so I apologize I don't have the minutes in front of me. Mayor Pro Tem Taylor it's in our proposal and your comment was, "we're not sure were going to do that". Mr. Sedlack: are you talking about the UFC events? Mayor Pro Tem Taylor no, I am talking about your screenings on Saturday nights of show 7 or 8 bouts. Mr. Sedlack: I think you're discussing UFC events, promotion of that UFC does. And it's typically after Concord, we're going to hold those off site, becaus Mayor Pro Tem Taylor but you were considering Mr. Sedlack: we were considering having it on TV, Mayor Pro Tem Taylor you will have your membi Mr. Sedlack: we would promote what's on our tele, Mayor Pro Tem events. Mr. that. Vanessa Delgado of need the city's appro concern. If there was can pull decisions lik Council Member Ly: I denied? to follow-up on a specific question, for staff, can that permit be Community Development Director Saeki: yes the t every Saturday. It's a monthly f 7pm or 8pm. For example, in have the space to do it. them here in channel. watching the program. their television at home. do have people coming in to watch the nd we wanted to have that UFC event iltimate members to come in to watch the are going to do that or not. We haven't nestor Development Inc: just to clarify the condition as written, that we if we are going to do that. So the Planning Commission covered that -h an event, we would have to come back with a special permit, before we Rosemead City Council Meeting Minutes of November 17, 2009 Page 12 of 44 Mayor Pro Tem Taylor let's go to condition number 34, "applicant shall not publicize, hold, host, authorize, or allow to be held or hosted on the subject property any mixed martial art events or demonstrations that include as any part of the event two or more individuals engaging in physical competition or contest between or among them in which the individuals strike each other in any way or otherwise come into physical contact by wrestling, grappling, or throwing one another'. That says that shall not happen. Mr. Sedlack: that's correct. We're not going to have any contest, we're not going to Mayor Pro Tem Taylor now let's put the fly in the ointment, the loop hole. Should the applicant desire to hold, host, authorize or allow to be held any such event, ap plicant must apply for a separate permit from the City for each such event to take place on th e subject property, The city reserves the right to approve, conditionally approve, or deny any suc h request for permit. I'm not opposed of you having the gym, but I'd like that last sentence struck out of there. You say you are not going to have any fighting contacts such there, take it out so its guaranteed that you don't' have them. Mr. Sedlack: what we know is this, having any events there; we don't I Mayor Pro Tem Ti plan on doing this", Mayor Pro Tom one thing is constant, that is change. We don't plan ever ever doing that; but Dw that's a pretty determined statement, "we don't ever Monro we asked that if we wanted to do it, we ole that really irritates me, that fact that I did watch fighter is not brutal. But to the average person atched fingers get jabbed in to the eyes where they at their eyes cut, this I mentioned I'd seen many years ago, but weeks. that, that will not happen in our gym that type of fighting will not happen in our Mayor Pro Tem Taylor if there in the ring, let's go to condition 35 the next one "In connection with the mixed martial arts training and other training provided on the subject property, applicant shall not allow any two or more individuals to engage in training, 'sparring" or simulated or real physical contact in which the individuals strike each other in any way or otherwise come into physical contact by wrestling, grappling, or throwing one another" that's fine, now the next sentence " the foregoing shall not be deemed to prohibit one employee of applicant to train or "spar" with one patron in connection with the patrons' training by the employee on the subject property" and I kind Rosemead City Council Meeting Minutes of November 17, 2009 Page 13 of 44 of watched some of the training that goes on in the octagon, and as I started to say I saw these fighters, how should I say, eyes cuts, blood dropping down on them, blood dropping down onto the mat, you could see it right on the TV. So when you say that there is not going to be any fighting, strike out those two sentences on both paragraphs and I won't object to your gym going in there. 48 conditions you talk about all the excellent things you are going to have for the families, and the mothers and the tots and the kids and free membership. Strike out the fighting and I am not going to oppose it. Mr. Sedlack: I will strike out the word fighting, the word fighting problem. Mayor Pro Tem Taylor strike out those two sentence. Mr. Sedlack: I will strikeout fighting across the through a discussion on what happens on the going to invade what that says and we're not you are talking about mixed martial arts sparri that you do; none of what we do involves bloo Mayor Pro Tem Taylor. I hate to training ground for ultimate fightin training for it. Ms. it's fact that I see on this, is a ou are sure getting the vith those two sentences on that condition, ere women self defense that it covered the another way you suggest we could I hate to see the women in their Ms. women's We are talking about women's self defense. Mayor Pro Tem Taylor that's what I am referring to. Ms. Delgado: we're talking about women's self defense Mr. Sedlack: I completely understand what you are saying and I hear you loud and clear. And what I am trying to do is get across what I am trying to say in a way that you are comfortable with. In mixed martial art training no matter what facility you go in around the world, I don't know if you agree with any of the facilities. Mayor Pro Tem Taylor. I've never been in them; I am just saying what I have seen in the last month or so. the board. So I have no 34 and 35 the last of able to there are about. If we want to center for kids, that's )rovide that. When program that we Rosemead City Council Meeting Minutes of November 17, 2009 Page 14 of 44 Mr. Sedlack: so if you go in to kid's facilities there you have a trainer that trains and instructs, you have what you call light controlled sparring. And so as an example, if I am doing a mass drill, I have two gloves, that go up here and the job is to as fast as you can, quick as you can, hit these gloves and have impact and have controlled impact. We're going to have that; as an example when you are doing jujitsu movements you're going through technical body movements and have impact, and controlled impact it's always going to be there; as an example when you are doing group discipline training, and you have an instructor that's certified and discipline and understands the way we're training which is through safety and precaution, you're going to have a contact. That's why we worded it the way we did in here. I want to clarify again is that there will be no events with UFC fighters, fighting in the octagon and hitting each other. We will have no exhibits; we will not bring people in to say hey listen we're hosting an ultimate fighting championship in our facility we're requesting a permit. I'd be glad to say that we're not going to ever host a UFC fight in that gym. Mayor Pro Tem Taylor it's not big enough for the training facility to teach these fighters what there is up to them. Mr. Sedlack: with all due respect, there is two fighter and another way to train is through lea a long time to understand it; it really took me actually go through it. When you want to train street in which they do direct impact, uncontrc taught the movements. We're not anything lik offering in our facility. me again what you watch if promotion, all I am saying is that this is to learn and where they go with it from ent ways to train. One way is to train as a self defense and technical skills. And it took me a month to get my hand around it; I had to fighter, you will go to that facility that's down the npact and it's about the way in which you are it's completely different parallel what we are be doing on Saturday nights when you V could come in and see it. ultimate members that are in group ant that is on TV. would those events be? Mr. Sedlack: it would be the UFC events Mayor Pro Tem Taylor that's my whole point right there, you're condoning and encouraging this is what you can be, take your training and this is possible for you. And even with the programs I watch with the UFC on it, they talked about the training process that they go through with each other, the teams, the coaches and such. You're gonna have coaches down here helping these people learning the; call it the art of the fighting they do. Rosemead City Council Meeting Minutes of November 17, 2009 Page 15 of 44 Mr. Sedlack: again with all due respect, I think we are being misrepresented here, I think that we have to understand the two different training principles, training as a fighter and training as a member. We have nothing to do with training as a fighter; it's a completely different path a customer would take. It would take a long time to go through that with the details, I would be happy to provide it for you. Mayor Pro Tem Taylor. then strike out those two sentences and I am okay with it. Mr. Sedlack: then we have to strike out everything that... inaudible... Mayor Pro Tem Taylor no, you're talking about motherhood and kids and free membership for teenagers at the schools, you are not going to lose all that. Mr. Sedlack: I won't be able to do daily ultimate training, which is a non fighting exercise routine, which is the most innovative training we stand for right now. there is absolutely Mayor Pro Tem Taylor what does it Mayor Pro Tem pads and you contact the pads. and 35? you use agility, speed and discipline through certain re to be able to do those things. Its not about Mayor Pro Tem Mr. Sedlack: it's a 24 week process that people training for three times a week for twenty four weeks I believe is the protocol. Then they go the level two then level three; you see the belief is that to be, to have discipline in your life, you have to be able to protect yourself, you have to be able to have self-confidence and you have to be physically fit. This class takes all these into consideration, which is detailed in the program that we sent you, and it takes that person through that journey. Is it ultimate fighting; no, are we going have them fight; no we are not. Mayor Pro Tem Taylor then why do you need the last two sentences on paragraphs 34 and 35. Rosemead City Council Meeting Minutes of November 17, 2009 Page 16 of 44 Mayor Pro Tem Taylor there is no contact xk IAL Mr. Sedlack: we want to have an open door that if there is an exhibit or something that it needs to be hosted there, no different than at your high school, we can come to you guys and ask you if we can do something there. We don't have any intentions or planning on doing it right now. We don't have any intentions to do it in the near future, the local high schools have wrestling matches there, it happens every year. What if a local high school wants to have something in our gym? And we want to be involved with that high school. I need to be able to go to you and say I'm I allowed to work with the high school inside our gym. Mayor Pro Tem Taylor that is not going to be a bloody bout at a high school. Mr. Sedlack: nor is there going to be a bloody bout here. Mayor Pro Tom Taylor. you're telling it's not going to be, but whenever they can get into the ring with physical contact between two people then they must have a supervisor while they're doing that. Mr. Sedlack: so let me ask you about your want to work with battered women or if I w wants to have testing and I want to work w what local school or association, we're not the city that grants us the right to be here. rspective if I may. If I want to work with a school, if I do something, if one of your local taekwondo studios them to support them and I want say okay; you know rmitted to do that; what I need to do I need to talk to Mayor Pro Tem Mr. Sedlack: to Mayor Mr. Sedlack: of taekwondo or wrestling, of different events that would happen already in our community, and so what I am asking you is, if I want to be able to go to you guys and ask your opinion, can I have this or cannot have it, that's' all this says you can deny me at any time. Mayor Pro Tom Taylor you know as well as I do if you ever went in to a school and the kids got their eye bleeding or they got fingers poked in their eyes, you wouldn't be back at that school again. Mr. Sedlack: what school are you referring to? Mayor Pro Tem Taylor any school you go into, you made a reference to going to a school and asking if you could come in. that would be so closely guarded that you'll make sure that none of those children get injured. Mr. Sedlack: I am lost on your point. Rosemead City Council Meeting Minutes of November 17, 2009 Page 17 of 44 Mayor Pro Tem Taylor you said that if you wanted to go in and ask to go to a school and help them with some type of... Mr. Sedlack: if they came to us and they wanted help and they needed some real state for help and we said okay we will help you; we will need to go to you guys to make sure it's okay, I don't see any down side to that. If a high school needs help with wrestling, and they want an instructor come in and guide the wrestling team, I don't see any down side from going to this city council or the city team asking for permission to do that. Mayor Pro Tem Taylor all I have is the one point that you take out those two sentences then you're home free. Mayor Clark: we have two requests to speak. Council Member Low: we have a public Mayor Clark: I have two requests to speak; this form to speak. We are going to open the public I Public Hearing opened of 8:48pm. Sharon Esauiviel - this is a good locatior about. I think the loca have to say. Thank yc I do not think up that I didn't know I row. Anyway that is all I this, but ared the agenda but it seems like this is such an important that property was always referred to as the Levitz property had an idea of where it was or where it is. It seems to me to a lot more people in that area might have come to this if Fighting Championship. I ask the council tonight, what is Mayor Pro Tern Mayor Pro Tern Taylor. Ultimate Fighting Championship is the brand logo, that's what makes it so famous. Ms. Shinen: so it's not Ultimate Fitness? What's the F word? Okay it's off the 10 freeway, great place for the sign, advertise it. Would you have two F words? Ultimate Fighting, Ultimate Fitness? Ultimate Fighting Fitness? Rosemead City Council Meeting Minutes of November 17, 2009 Page 18 of 44 anything from council. Mr. Sedlack: its Ultimate Fighting Championship Mayor Pro Tem Taylor. Mayor Clark had asked that? Ms. Shinen: someone has to choose what the F word is? Mayor Pro Tem Taylor: she asked the change of the sign and that wasn't acceptable. Ms. Shinen: if they are going to put a sign right there, what will the F word say? Mayor Clark: I don't' know, because at the meeting we had I put under the UFC logo Ultimate Fitness Club? And you didn Mr. Sedlack: there are a lot if things to do with brands if you put the fitness club and you become a general b very important for us those essentials so if you go to fii thousands and we are not prepared for that. Mayor Clark: and see that's a problem that I incorrect it says "New Evolution Fitness Cent gym)" So your dba is Ultimate Fitness Cente Mayor Clark: so report is nter (UFC r sign. ,larify that, in discussion with madam mayor and aam, well let me backup. First the proposal initially tness Gym, and then as we got further along the igh that process. And so in discussions with Adam opriate to be called Ultimate Fitness Center? not in their brand , that was our idea, hey this is what it i there would be no fighting. But like Mr. Sedlack Championship. Community Developmen to end up being, it was a :)r Saeki: how we together foresaw how their business was going experience rather than a fighting championship. Mayor Clark: right but that's obviously not what he is saying. Mr. Sedlack:-well the dba New gym is our dba and I just want to draw this parallel, it's very similar to Harley Davidson name. Many years ago...(inaudible)......the brand Harley Davidson ...(inaudible)... because it created so many impressions their credibility. I am not here to ruin the UFC name because I've seen the organization inaudible... because the organization has i if you would be willing to want to do that. the way it sits today in brand, become a UFC brand, so it's you will go from millions to Rosemead City Council Meeting Minutes of November 17, 2009 Page 19 of 44 created structure and credibility... and I want to show that I can service anybody here is the city or Rosemead. Council Member Ly: I don't think that really answers Mayor Clark's question as to why the staff report does it say doing business as Ultimate Fitness Center the (UFC gym) Community Development Director Saeki: it's probably poorly written and I take responsibility for that. City Manager Allred: well some of the paper work we have the term Ultimate Fitness Center appears in the documents. Council Member Ly: from whose' side? Staff side or your side? Mr. Sedlack: inaudible... all it is a fitness and training center, that's what we are. Mayor Pro Tem Taylor. I think its the brand name that is causing the big mix up here the UFC, Ultimate Fighting Championship and I can't get around that issue because you got three different names you are tossing around. Mr Sedlack: it did not get your question, sorry Mayor Pro Tem Taylor you had New Evolution Fi-% N tness Center, one and it's all tied into the logo of UFC, Mr. Sedlack: so let me clarify then for everybody so we are all in the same page and I'll just use our concord location in northern California. Our brand is UFC Gym, it speaks to people that know UFC, it speaks to people that don't know UFC. UFC is a brand that speaks to almost everybody and creates some sort of motion. Our job is to educate, our job is to show people that UFC Gym is not about, with all due respect the F word, that's not what it's all about, its not about fighting. A brand name is completely different from what's inside that brand, and I think to disconnect. Just like Harley Davidson, was not hells angels, yet it was considered hells angels for many years, but that was their brand name. And you are going to see UFC and UFC gym and the UFC surrounding companies WEC and so forth become very mainstream over the next few years from kids studios to adults studios and so forth. It doesn't mean if you look at the conditions, we're not fighting, that's not what we are about; its purely branding and marketing brand appeal. Mayor Clark: if you are really not fighting why are you not willing to take out condition 34 last sentence? Council Member Ly: it's Condition 34 and 35 the last sentence. Rosemead City Council Meeting Minutes of November 17, 2009 Page 20 of 44 Mayor Clark: I am more concern about 34 than with 35, the training one on one doesn't bother me as much as the fact that you want to keep that in and you can hold a fighting event. Mr. Sedlack: I'd be happy to say that we are not going to do any Ultimate Fighting in the gym, I'd be happy to add that to the condition. Mayor Clark: but you are not willing to take out the condition. Mr. Sedlack: but I want to reserve the right, to come to you if I want to work with a school or if I want to work with other people and have you approve it. And if you guys don't approve it, it's turned down. It goes to you guys 100 percent of the time. Mayor Pro Tem Taylor. What does that have to do with those two sentences? You can still go to the schools and promote your club. Ms. Delgado: no you can't, the applicant shall Mayor Pro Tem Taylor. that should Mayor Pro Tem Taylor. no, no, Ms. Delgado: that has a Mayor Pro Tom Taylor. now y other up. Watching those fights to the ground then pounce on tl you guys and you guys can but it both do or hold any event or demonstration. sentence. o children... inaudible... Kords, children are not going to be beating each y would hit somebody in the head knocking them to beat their head while they are on the ground. I agree on what we are saying; I want to be we need to allow kids to do that stuff. I want I don't want any fighting in the gym. And I'd be happy to put that I entrust in the City Council and I entrust in your team that if we s kids or the school wrestling team over we could present it to look at it and give it it's due diligence if its appropriate. Council Member Ly: lets assume we removed the last two sentences of condition 34 out, if at some point, lets say for some reason all the different organizations, says we really want to partner with them but you won't allow it. Can the CUP be amended at that point going through the process and adding about specific events? Community Development Director Saeki: this is not a conditional use permit it's a PD (planned development) and I am sure with our legal counsel, any condition can be amended like we are doing tonight. Rosemead City Council Meeting Minutes of November 17. 2009 Page 21 of 44 Mayor Pro Tem Taylor please turn to page 11 of 17 item number 6 under the conditions of approval, "Planned Development Review is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstance include, but are not limited to, the modification of the use, a change is scope, emphasis, size, etcetera. To me this brings in, they can come back if they have a special deal if they want to work with the schools, but I won't go for the brutality of it and say its not going to happen. Council Member Ly: I have to agree with Mayor Pro Tern Taylor, this is, come back to it, there is a redundancy in line 34. Ms. Shinen: I looked it up; gym is a physical education class. Separate i,, instructing, that we go back to the F word, and I go back to the agenda. V agenda, I just don't understand why this goes out to people or people arE there is the ability to there is going to be hen you write the willino to read the agenda and they see a UFC Gym, what in the world is a UFC Gym? The words should be spelled out and the thing is you cannot choose the words because there are two F words we're talking about, We're talking about fighting and fitness, now if you are going to pick one sign, a huge sign off the freeway it's going to cost a fortune maybe, you're going to have to choose one word. To me they are going to choose fighting, because it will attract the clientele they want, because they think it's more exciting from what this gentleman has said. But yet if it's fitness, it will be boring like the others. So a UFC Gym is what? Is it fitness or is it fighting? So if you vote tonight are you going to be voting for a fitness gym or a fighting ring? City Manager Allred: to answer your question the sign will only say UFC Gym it will not say fighting ley are trying to do is to allow each individual person the scope of services is limited to what is said in the s of approval I think that is basically what he is trying that this man really wants to sell this car. Mr. Sedlack: I think when you look at 34,1 understand what exactly you are saying, I like the fact that we can go back and apply through you guys to host an event. So I am comfortable deleting that but adding that we may, you called a CUP? Mayor Pro Tem Taylor you have clause number 6 that says that any time a review can come back. Mr. Sedlack: I think I am comfortable with that. Rosemead City Council Meeting Minutes of November 17, 2009 Page 22 of 44 Mayor Pro Tem Taylor and 35, they're both the same exception clause. Ms. Delgado: just to clarify, for 35 legally I don't know that Adam can say to you that they'll be no contact. If an Instructor is showing an exercise he will be in violation of his P.D. definitely we have a security plan that sheriff is going to be involved in monitoring this location. So if this becomes a problem this can be addressed, that security plan can be revoked. But legally Adam cannot tell you that there will be no physical contact. There will be children touching, the physical fitness with the women, self defense, legally he cannot tell you there will not be contact. Mr. Sedlack: I think going back to your request; I think that paragraph says a lot. I just want to go back to the details of what we're truly about, the fact base that we are truly about. Eliminating that paragraph I understand your perspective and opinion on that, I am trying to find a way to meet us half way. To say as in good faith there is not going to be any fighting, we are going to eliminate this because I can come back, if I want to have the wrestlers come over, I can come back and apply for that from you guys, and I feel comfortable with. The second issue with contact is going to be a little bit of contact and some of the programs we're going to offer. And I don't want to be out of bounds with those conditions, I don't think it's right, I don't think it's fair. Council Member Low: I want to look at this project in a slightly different way, You use the logo UFC, well it was interesting, when I mention to you my kids already know what that is. "you know mom the show that we sometimes watch the Ultimate Fighting" and I go ho, that one. I remember seeing on TV and it was pretty brutal, pretty bloody, and I understand it's a good marketing tool, I understand when you present it, I understand that a gym is all for fitness. But I am looking at it, at a different angle, I feel that this council has tried so hard to promote our city image, we are working hard to make our city more beautiful, we want to promote safety, those are the things we have been working so hard and again it's to build an image about our city. By having a gym with that it; it's a great selling marketing tool. By having that name in -t, to me it feels like I am supporting this Ultimate Fighting s a mom, ask my kids to change the channel. You don't need seed to see all this blood flying. I understand kids join classes ned it. But again, those are different in a sense, there is no for the image of the city, I get the services that you provide, a in the gym, I buy that. But the fact that you guys are going to and watch this Ultimate Fighting Championship, is a way of promoting this type Mr. Sedlack: what you just spoke of, is our biggest opportunity, is that every child knows about the UFC and most children are watching the UFC whether they're in a closed door or a parent is allowing it. This gives us the opportunity to take something that the kids think its cool and change messaging. Because right now what do they think, UFC, they watch the fights and it's about fighting and that's all it is and that's all they go to school with that thought process. Now we are able to take that same brand recognition and we are able to take you kids, UFC is fighting but this gym is not about fighting, UFC is also about self discipline, self confidence, integrity, as a matter of fact, there are kids in the mixed martial art programming, one of the belts is that you have to do unassisted chores for seven days in a row. It gives you that example of how we try to create that Rosemead City Council Meeting Minutes of November 17, 2009 Page 23 of 44 mentality. It's an opportunity for us to take what kids already know and what adults kind of misunderstand and educate everybody about it. The UFC Gym brand name, it provides a lot of credibility in today's world. Not everybody here is going to agree with that, but when you start learning where the brands come from and where it is today, it's a completely different appeal. Now we have mainstream advertisers supporting UFC. So it's developed, its progressed, I think you truly understand our concept, it would be an example where I would have your kids come in and introduce them to the programming we have, or intro duce you to women's self defense, or nutritional programs or whatever you're interested in and we now create an experience for you and your kids. What you just brought up is the exact opportunity looking for the ability to do that. When you have the UFC Gym right there, I think we're looking at the glass half full and not half empty. It is a very credible business organization in today's world. It's not 1993 or 1994, it's a completely different company than what it used to be, the credibility is going to be there. It is there in Concord California and I am sure and we've looked at Concord at the type of city that it is, which is fairly high income it is overwhelmingly popular, it's created much credibility inside the Willow shopping center in the mall and a bunch of energy. I look at it as an attraction piece, a benefit as we continue to go mainstream in the years to come. I am happy to reply with Mayor Pro Tern's step on number 34. 1 am happy to be ultra-transparent with everybody, all the time. I've lived dawn here, I am going to take pride in this gym, this is my home base. representing worldwide, I want to launch correc tly. I want other cities to be able to call you, so you can speak of our credibility and what we offer th e city. We are a real organization that wants to invest money, employ people and do it the right that I can be transparent enough to help us get there. What. we represent here is what we will be Mayor Pro Tem Taylor Ms. Low mentioned the fact that the image and reputation for the city itself, I think it was Commissioner Eng at the Planning Commission meeting is this going to be opened to other UFC club members. Well the comment was, at this time you only have one other club in Concord that open this week or so. But ultimately you plan to allow other club members to use the facility. Mr. Sedlack: what we have going on, is called a destination strategy, 24- Hour Fitness is a network strategy where your 30 clubs clustered together so they use all their facilities. Because we are a destination strategy, you're going to have very little repository between facilities. If someone is in Concord California, using the UFC Gym in Concord California and they happen to be in Rosemead in a hotel, it's a private organization, it's a private company, if they are a member; if they have the ultimate membership they'll be able to use the facility. Mayor Pro Tom Taylor. as far as the intent is and you hope to have 100 more gyms by five years in such, worldwide. Well if they have some, whether it's in L.A or and they have different nights, for the entertainment shows, if you have it on one Saturday night of the month, that other club members can congregate in Rosemead for their night, when you close it down to the public. Even though they are members, they are not in the category of the membership that you are going to allow in to view these bouts. Mr. Sedlack: I am not ultra passionate about this, it's more of a customer retention tool. The fact is that most of these events are on spike TV that they can get for free anyway. They can just turn the way. I just hope that you see it that way; I hope Rosemead City Council Meeting Minutes of November 17, 2009 Page 24 of 44 TV channel, if the largest concern we have we are calling it a promotional event, I'd be happy to retract that if it becomes a large issue. We are not finding it an issue up north because we are hosting stuff off site and it's enjoyable to the customer, they love it. I would be happy to work with you on that point. Pat Trujillo: I think the UFC logo is deceiving to the public in to thinking they are getting a club that's a "Harley Davidson Motorcycle" but we will be getting am imposter instead. I think it's the logo that's the problem here. Brian Lewin: I do have to agree with Council Member Low is Rosemead as a more family oriented city, the question here is currently exist is with a family oriented city, the city image the have a question if we banned any kind of fighting, if city staff into the facility and witness fighting, would that be a closable Community Development Director Saeki: the conditions of approval but yes, that process shut down of the facility. for me that would satisfy Mayor Pro Tern Taylor: I there was a fight that we the attorney is here for but if there is an incident happens, due s set up where we can have a hearing, I think it recommend that the city council take away their use cult situation to uphold in court but if you have City Attorney Richman: follow the process and depending on it would play itself out. Mr. Lewin: I think at this point a lot of people would be interested in that type of conditioning. Would tend to be more progressive personalities, and the people that I know tend to be have more progressive personalities. That being the case, security would be a big issue because when you get a number of aggressive personnel in one environment the possibility of issues becomes greater. I have not seen the security plan but I would hope that at minimum one hour before opening and until lone hour security there and be evaluated by the police department. g at, if we are trying to position compatible the UFC brand as it are trying to project. Also, I did o go in there or code officers go violation of could cost it to could monitor it as necessary. Rosemead City Council Meeting Minutes of November 17, 2009 Page 25 of 44 Mayor Pro Tem Taylor. I have a point of clarification; I think the security guard is only in the evening hours? Mr. Sedlack: right now inaudible... chief of police if he suggest we need more we're going to Mr. Lewin: for me I think all day would be appropriate until we get a sense when it's not necessary. Council Member Ly: I am not great on that idea, my reasoning is because we are not treating Bally's the same way and we are not treating the other agencies the same way. My feeling is staff did a good job that our chief of police was involved in this process and that we do have a public safety structure in place here for the monitoring of safety of the location. I disagree with the concept of people who use the gym are more aggressive, one there is no proof of that, and two for example my brother when he was younger was a fan of professional wrestling, which was fake wrestling. But my brother is a very kind hearted person; he's a very good person not aggressive in any shape or form. And people join gyms for all sorts of differences; I am considering joining a gym, and my reason of joining might be very different from the other person joining. So I would have to disagree with that statement on that specific concept. Also I think at least in this condition of approval that staff did a good job that we did engage in public safety officers on public safety. Mr. Sedlack: we have a survey, I cannot give you an our members have weight loss goals. They're not in. training. They are there for to lose weight. Mayor Clark: under it. Mr. us know. t number but roughly it was 87 percent of for fighting or even for aggressive put Ultimate Fitness Center do that you lose the whole marketing dibility that we are trying to create. know UFC, that's the brand like Nike you just Mr. Sedlack: but you would never put ultimate fitness shoe, it's very unique and creative to that brand. I do appreciate what you are saying, the logo and the brand in any company is critical for them. 24-Hours Fitness is the same way; you don't touch that logo, you don't touch that brand. Council Member Ly: just want to point out that not all 24-hour gyms are 24 hours I found out the bad way; It is a big marketing tool. Council MemberArmenta: I understand that UFC targets certain amounts of people or population. But the way you are marketing it and the guidelines you are setting forth, the minute they walk into the gym then they'll know what type of gym there is. Now it's their prerogative if they are going to stay of leave. But once they do go in and try to find out about membership that's when they are going to be told "no this is not a fighting gym" and they either accept that or they don't or they move on or they go down the street to the kickboxing place. I understand why you put for Rosemead City Council Meeting Minutes of November 17, 2009 Page 26 of 44 number 34;1 understand why you put that; because it says any contact, any physical contact. I think we're that misunderstanding you're not teaching the kids how to fight the UFC way. Besides partnering up with the schools, and they do wrestling, there is going to be that physical contact. It's not the UFC wrestling, it's the high school wrestling, it's a different type of wrestling. What I am hearing is that some of the council is feeling that you're going to teach them the UFC fighting, wrestling and it's not. I am getting that it is a totally different type of wrestling your doing guidelines to the type of environment you are going to set up. If people go in there and they agree with the membership or agree with your guidelines they are going to sign-up. If not they are going to go somewhere else. Mr. Sedlack: that is fact base and the frustrations that I set of standards than other fitness clubs out there. My partners feel that way as well because we have the init this full contact gym, I am not sure how they got appro% there. But that's where these fighters are going to go; v concept on the way we train and we drive fitness princi going to train to be a fighter, you're going to train comp Gym. You're going to be able to learn self defense, you sets, you are going to be able to learn kids' programmii going to able to learn how to strike and knock someboc without pads. Then tl there are certain rule groin, those types of are being held to a different that way and a lot of my ~n I looked down the street at them in your PowerPoint. :ing down gut a unique if you're of at a UFC hnical skills ou're not doing fighting, are you saying... inaudible... ig is your question? Mixed martial arts, everybody has a different :s. Some people use it as combat, for people that use it as combat, i call hardcore mixed martial arts, or hardcore boxing, or football ~d martial arts for fighters when you learn how to fight in a ring and ations you have to follow like no eye gauging, no hitting in the you're trained a certain way to beat your opponent. Council Member Ly: I think it's like the difference between flag football or touch football versus actual tackle football like we see on the NFL. Mayor Pro Tem Taylor if you look on page 29 of the information the class for UFC cardio kickboxing; kickboxing is part of the fighting process and these fights that I have been watching they have been using kickboxing to either knock the opponent down or disabling. Kickboxing is used in that, but it states in page 29 "get drenched with fast high energy jabs, jacks, elbows and Rosemead City Council Meeting Minutes of November 17, 2009 Page 27 of 44 kicks. The perfect UFC class to combine martial arts, boxing and cardiovascular training. Welcome to UFC gym, this is a signature class". Go over to page 36 under Ultimate Member DUT class format states "Prepare yourself, we make the rules up in this class. Fight ready circuit training in a progressive format that gets tougher every week. This is a signature UFC Gym class designed with the fighter mentality and athletic diversity in mind". There are a lot of promotional things you have here. Mr. Sedlack: the kick boxing, you kick a bag its considered movie tie as well. You kick a bag that is in front of you and you hit the bag and that is considered an incredible cardio and resistance training workout. To the daily ultimate training, first of all the deck was revised because I realized those words were too aggressive for this forum. fighter is the best conditioned fighter in the world. G as the best athlete international around the world fo things. The daily ultimate training there is not mixed about fitness, training and conditioning. It's an adva dynamic boot camp that's done in progression serie fighter's perspective. Mayor Pro Tem that the UFC ple, he is known and all those ily ultimate training. It's all it's a very advanced high in a fighter condition from a and athletic diversity on mind. Mr. Sedlack: the fitness fighter mentality is how far you are going to push your body to get there. So if you look on the way we reword it, I took that out because I thought that would give the wrong message to all you. I know we are ready to close up, this has been a very long process and I think have practiced a lot of patience and you heard it through. I respect that you appeal and that you wanted more information, I get all of that. We are still off course to what my company is all about and now we are talking about what ifs, we are stationed around those and everybody's perspective is that UFC fighting, if they are going to get closed down if they fight and we are not talking anything about what our business model states and what our business model indicates, in which I considered to be the facts and the details. I am trying to be ultra flexible, I want to be here in the City of Rosemead, I want to participate in this community, I want to inject capital into this community, I want to follow your protocols and your processes, I want to show and prove to all of you what we are really about and I think I can do that given the opportunity. I am very transparent, ideally we will be able to work in the future, I am very transparent I want you to know everything I know, I don't have anything to hide from, please accept that for what its' worth. I am genuine in my aspirations. I think if you talk to a lot people out there in the community, your average age I think is 32. 1 think if you talk to people at the Starbucks and at the car washes and some of the different associations out there they are very pro UFC Gym. I think they will take pride in it and I think we can teach something different in the community and this city can be known for innovation, it can be known for something new. I think it will be a great presence off the freeway; it would provide a lot of credibility for the growth of the city. Rosemead City Council Meeting Minutes of November 17, 2009 Page 28 of 44 . But what we kr Saint Pier as an he eats, how he Mayor Pro Tem Taylor you mean this has been changed IL Mayor Pro Tem Taylor. you are going to spend how much money? Mr. Sedlack: roughly at the end of the day $4 million bucks. Mayor Pro Tem Taylor what kind of a lease you would have, for how long? Mr. Sedlack: our lease is ten years. Mayor Pro Tem Taylor for ten years we are going to take a gamble at, we won't be joining the crowd here of an aggressive nature. Mr. Sedlack: we wrote that in our condition and in our membership agreement we have strict policies and procedures that if somebody breaks membership code their membership is revoked. These people, when they see our gym and our programming will not join. Fighters look, if you read the blogs, do you know what we are called right now in the blogs? Mcdoe Joe. Because we are considered a retail, kids doe joe organization because we are not fighting. Mayor Pro Tem Taylor everything that I see about ultirr on spike is on at least three or four nights a week, it's on Mr. Sedlack: and that's are not UFC, what we ; fighting. Is taking the bi Mayor Pro Tom championship, that program championship fighting. a master promoter. We different concept than to tell us but I also see a direct and he knows that end of it but he is indirectly Mr. Sedlack: he is not running our day to day operations, I am held accountable for everything that happens in that gym. Dana is not held accountable that happens in that gym. I am the point of contact, I am the stopping point. We are not representing our self like that to the mass, we cannot survive that. There is only 3 or 4 percent that want to be fighters, there will be no way our company would survive on 3 or 4 percent, that's why we are not in that business. That's why your fighting gym that you have in Rosemead is only 3,000 feet, because you cannot survive on that model. We have no interest in being there. City Manager Allred: I would like to clarify for the record that the applicant has offered to strike the last two sentences from condition 34, and the answer is yes; for the record. Rosemead City Council Meeting Minutes of November 17, 2009 Page 29 of 44 Ryan Junk: hopefully soon will be a resident of Rosemead, I have been in the fitness industry for 15 years. When I first heard about the UFC opening up, I did a lot of research, I've work in four different companies and I've held a position as district manager and I laugh at it. There is now way they will be able to stay in business, if the gym industry, if you don't target over half your members as women you are not going to make it. That's why you have to keep the bathrooms clean, that's why you have to be friendly, the saying goes if you have a happy wife you have a happy life. You treat the wife nice, you treat the kid's great and they bring the fathers that bring in the kids. That's every model, I've worked at 24-Hour Fitness, Bally's, everywhere, they all believe in the same thing. If they are targeting fighters, he just ended on a good point. You cannot have a 40,000 square foot facility and keep that rent because those people cannot afford to pay that first of all. The minute they walk in, I looked at this model, to rip it apart, everything is marketed to women, it's the front desk when you walk in, it's the great smile. If you look at the marketing PowerPoint, they had up its all women. Did you notice the women throwing punches is all women. They are trying to soften it up, someone said; you are trying to trick people, it's marketing that's what people do in marketing to get a shock value. You are going to have people who joint just because of that. A perfect example, you can go to Bally's down the street, and I know this for a fact, and you can have contact training with a trainer, the exact same thing they are going to be offering. You go to 24-hour fitness, I know that for a fact, because what the trainers do they bring in their own mitts and pads and gloves and the person punches those gloves. My mom who is 66 years old, she was 38 pounds overweight, she hates going to the gym. If you look at the stats the health club industry that I am a part of is failing, we're not doing well. We devalued our product, we sell it for less, and give less, we charge for aerobic classes. Some gyms are closing early because they cannot afford the extra utility bills. We are failing and America is getting more obese. Now, my mother who has lost that weight, does boxing, not at a boxing gym, because you never go in there, at the 24-hour fitness where she lives, she won't' watch the UFC, she hates it, I like watching it, I cannot put it on while we are at the house. Here is a woman that is a catholic; she is very strict and wholesome woman. But just to give an example her trainer stands there with two mitts and she stands there and she punches. Her first appointment with her trainer she couldn't stop laughing, but she looked forward to her appointments, she looked forward to going to the gym and asked why my waist is sore, I was punching. Because you are using all the things they do in the gym, but you are not thinking you are training, you're doing something totally different. She has never bled, she has never gotten hit, and this is at a normal gym. You can go in there and do some research to a Bally's right now and ask for a personal trainer, and you ask you want something to do with boxing, one on one appointment you get that, you'll get that any gym in California. What they are proposing, I wish I could be speaking as an employee of a UFC gym, is that they won't be able to stay in business if you have fights. That's why the health clubs that I have worked for you cannot have that type of riffraff. We would yell at members that would drop the weights, why it didn't bother us or break the weights, but you made it intimidating because your yelling and screaming to our women to the people that do not like that. Those guys don't spend extra money on drinks, they don't spend money on retail they don't spend any money except on their monthly dues. And this model, I hate to use this word but its sexy, its new, its something totally new, its something different that Is why if you can tell I am leaning, I want to work there answer. I was just at my gym today, I don't want to say where I work, I was watching a 45 year old mother, and I was watching her do Muay Thai training. They teach you how to do the Muay Thai punches and a certain way to kicks. But she couldn't figure out the kicks, and I asked her if she was trying to be a fighter, I was joking Rosemead City Council Meeting Minutes of November 17, 2009 Page 30 of 44 around; but she says no but it's fun and exact same thing my mom says, I love coming to the gym; these classes that the UFC gym is offering is just that. If you are a fighter and you walk in there and they tell you all you can do it mitt work, I believe that is the contact that they are didn't take out in number 35, that contact is you're actually punching your trainer's hands. They are holding a mitt and they're kicking it, and the reason it's called ultimate training is because football players, baseball players in the off season, that's the training to do. I don't want to do in a rant, when you are doing that exercising and you are doing weights all the blood and the weight goes into these muscles. Mixed martial arts training, reason why fighters get really tired is because when you are punching, the blood is giving oxygen to your muscles. Then you have to do a wrestling move, blood is now in your legs, but then it has to go to your lungs because you have to breathe, your heart is working your blood is pumping and if you are not in that type of shape you are not going to last 30 seconds. So that's why you need to have the gradual changes, if you take someone off the streets that has never done it, they have to have different types of classes. You are speaking to the UFC fighting, which I feel and I could talk about too. They should take the elbowing; they should change some of the rules, make it more marketable so you won't have as much blood; but the gym is already doing that. All the things in the internet are bad about UFC, it's come a long way. Mayor Pro Tom Taylor: that's where they are Mr. Junk: but to their gym when he all the fighters are the ones making Because when you look at the mark watch it on pay-per-view and love tc gung for read the things in the blogs, rs think UFC is ajoke. Mayor Pro Tem worth almost $2 ike me that pays 50 bucks to ping me back and it's a great j that's who we are targeting. you, he is an aggressive fighter. They are Mr. Junk: if Dana took out elbows, their marketing would go up they would get bigger sponsors, because 90 percent of it is blood comes from someone hitting with an elbow and slicing your eyebrow; that's where the blood comes from. You take away elbows, you watch fighting in Japan, they don't' throw elbows, you throw hands the fights last longer there is no blood. Its two different conversations, I know where you are coming from, if my dad was sitting there, he would be saying the same thing, he hates UFC. Your perspective is right on, but what they are doing kinda the flashing UFC, it's taking a brand; you take branding, a 24- hours fitness in Miami, nobody knew who they were. So they put and athlete on it, it's not UFC but they put Shaq 0' Neal, now they call it the Shaq club. Nowhere on it says Shaq Club; it says Shaq 0 Neal on top of 24 hour fitness, they used that name to drive in people. That's what they are doing here, which you are going have the kids going, "mom I want to go to the UFC gym" and hopefully parents will go in with them and see "wow this is actually safe". That is looking at it at my perspective, I don't have all the details but it's a really good concept now from someone that watches the sport that I am a fan. One more thing, these doe joes, my nephew pays 150 a month for jujitsu, because you could only do it on a 3or 4 thousand foot gym because they don't sell that many memberships it's not a volume business. No, everyone is going to pay that amount of money, but the children have to pay that. The UFC gym is not charging that, because they have volume you can afford to sell for a lower rate Rosemead City Council Meeting Minutes of November 17, 2009 Page 31 of 44 and it's going to cost more competition where ever they are at. If you don't want to take your child in to UFC gym, you can take your child at a taekwondo or karate you can take them to that doe joe, you are not going to pay $120 dollars a month because they cannot stay in business to change that much, they are going to have to lower the price. There are a lot of factor these gym is going to do but to your point, it is an ultimate fitness gym. Mayor Clark: you made my point, the gym put Shaq 0' Neal; they modified it to the community. Mr. Junk: you just cannot do that in branding, they put Shaq o Neal person versus a sport. That brand is going to drive them so much bu joining to fight, he is not going to send them down the street, they ar( a chance to tell them not join here. Because the number one thing al be to hit your opponent, anybody can hit a bag that is standing still, c that way. 80 percent of your training has to be hitting a real person, I: range. At the UFC gym you cannot do that. I think that there are two UFC fighting and the UFC Gym, and I understand your point and we their concept is going to redefine the fitness industry. Council Member Low: you said Mr. Junk: no, I called Adam when I Audience Member: into ►d it's different because it's a iness, the people that are going to leave before he has out fighting is called range, to id in fighting you cannot train 3cause you have to get that onversations going on; the )ushing it together, because Mr. Sedlack: we are still remodeling the Gym store revenue which is the retail sales, so we don't;' have those exact answers yet it's all based on the sizing of the pro shop; that's the tax based portion of the facility. night and I am rooting for thi< the parking lot and we get a ( what's happened there recer citizens of Rosemead safety. Mr. Sedlack: I couldn't agree police, that's why we have se conduct specifically calls that o comment on safety that if I go to watch this film on Saturday on and if my friend is rooting for that person, and we get out in )ntation going on these guys better be there. Look at casa Latina, really concerns me, it think it's your responsibly to keep the ae with Polly in reinforcing what we want for the City. with what she said, that's why we are working with the chief of cameras, that why we have membership agreements; code of Mayor Clark closed public hearing at 9:49 pm. Council Member Ly: we also had a meeting with Primestor, myself as well as with the city manager, community director and Council Member Armenta and I will repeat what I say at that meeting, which is that my personal feeling is that there is an under utilization of the space we have there; the Levitz site or whatever you want to call it, there is a lot of potential with that site. It's one of our most highly value site that we have there. I think there are very legitimate concerns that Rosemead City Council Meeting Minutes of November 17, 2009 Page 32 of 44 Mayor Pro Tem Taylor brought up, Mayor Clark brought up about the facility that Council Member low brought up about the facility in terms of the brand of UFC. Yes, the brand is piggy backing on this sport, in term on how deceiving it is up to everyone's own interpretation. My concern is, did the planning commission do it's job in analyzing this facility use, even though it's not the most optimal use I would like to see; and my feeling is they did, I watch the transcript at the planning commission meeting, it was a very long meeting when I was watching online. It means that people are talking about this issue; it means that there is a lot of discussion that came about it. My feeling is that the operators are willing to remove those last two sentences in condition 34, even though it's not the best use for that facility, they still meet all the requirements, they still meet all the conditions that need to me met, they are legally allowed to do this, which is why the Planning Commission approved it. Which is why I feel, not entirely happy with it, we need to approve it as well with the removal of the last two sentences in condition 34. 1 do hope that if this does get built that this will be a good corporate partner in the city that we need that. A lot like the Wal-Mart's and Targets what Mr. Lyons was talking about the DiPillas. These are the businesses you hear every single time in events because they are the ones that always give back. I'm hoping they do give back and hoping that there is a good relationship. Personally the planning commission did it's job in reviewing this issue and with the condition of number 34 the last two sentences of it I see no reason from legally stopping them from building. Council Member Low: I am willing on giving them a try. Council Member Armenta made a Planning Commission's approval sentences of Conditions of Apprc The City Council the on: Ly to approved the the last two this conversation be on the minutes verbatim. m. and reconvened at 10:02 p.m. Municipal Code Amendment 09-02, Amending Chapter 13.08 of the Rosemead Municipal Code (Water Efficient Landscaping Regulations) to Comply with State Assembly Bill 1881 The Water Conservation in Landscaping Act of 2006 (Assembly Bill 1881) requires local agencies to adopt landscape water conservation ordinances by January 1, 2010. Each local agency has until January 31, 2010, to either notify the State that it has adopted the State's model ordinance; or submit a copy of its adopted water efficient landscape ordinance. The proposed Ordinance will comply with State Rosemead City Council Meeting Minutes of November 17, 2009 Page 33 of 44 mandates yet allow the City to retain its control over the water efficient landscape matters. If adopted by the City Council, the Ordinance will apply to the following landscape projects beginning January 1, 2010: New landscape installation or landscape rehabilitation projects by public agencies or private non-residential developers (excluding cemeteries) with a landscaped area equal to or greater than 2,500 square feet, including water features but excluding hardscape; New landscape installations or landscape rehabilitation projects by developers or property managers of single-family and multi-family residential projects or complexes with a landscaped area equal to or greater than 2,500 square feet, including water features but excluding hardscape; and • New landscape installations that are homeowner-installed, including homeowner-hired, in single-family or multi-family residential lots with a total project landscaped area equal to or greater than 5,000 square feet. The cornerstone of the proposed City of Rosemead Water Efficient Landscape Ordinance and Guidelines is a self-certification process that will streamline the permitting process and reduce costs for applicants and the City. Recommendation: That the City Council: the project is exempt from the California :EQA) per Section 15307 (14 Cal. Code once No. 885 for first reading, approving Municipal ant 09-02, modifying Chapter 13.08 of the Rosemead with respect to water efficient landscaping Principal Planner Sheri Bermejo reviewed the staff report and presented a PowerPoint presentation (PowerPoint is available in the City Clerk's Office). Mayor Margaret Clark opened and closed the Public Hearing at 10:12 p.m. There was no one wishing to speak on this item. Council Member Steven Ly made a motion, seconded by Council Member Sandra Armenta to introduce Ordinance No. 885 for first reading, approving Municipal Code Amendment 09- 02 and determining that the project is exempt from the California Environmental Quality Act per Section 15307. Vote resulted on: Rosemead City Council Meeting Minutes of November 17, 2009 Page 34 of 44 Yes: Armenta, Clark, Low, Ly, Taylor. No: None Abstain: None Absent: None 7. CITY COUNCIL CONSENT CALENDAR A. Minutes September 8, 2009 - Regular Meeting September 29, 2009 - Special Meeting October 13, 2009 - Regular Meeting ; Claims and Demands Resolution No. 2009 - 61 Recommendation: Adopt Resolution No. 2009-61, for payment of City expenditures in the amount of $1,650,562.45 numbered 100572 through 100587 and 67768 through 67907. Resolution No. 2009 - 63 Recommendation: Adopt Resolution No. 2009-63, for payment of City expenditures in the amount of $819,191.30 numbered 100588 through 100614 and 67908 through 68057. D. Ordinance 884 - Second Reading: Amending Title 6 of the Rosemead Municipal Code Concerninq Animals and Animal Control On October 27, 2009, the City Council reviewed the Ordinance No. 884 amending F. Resolution No. 2009-53, Authorizing the Recordation of the Irrevocable Offer of Dedication for those Portions of L.A. County Assessors Parcel No. 5371- 007-044 Proposed for Use for Public Sidewalks and Amenities In accordance with the City of Rosemead Municipal Code Section No. 15.04.040, the owner(s) of the property located at 3720 Earle Avenue, Rosemead, California have submitted an executed irrevocable offer of dedication. The irrevocable offer Title 6 of the Rosemead Municipal Code regarding Animals and Animal Control. Ordinance No. 884 is now before Council at the required second reading for adoption. Recommendation: That the City Council adopt Ordinance No. 884 on second reading. Rosemead City Council Meeting Minutes of November 17, 2009 Page 35 of 44 of dedication has been determined by the City Engineer to be necessary and appropriate to permit the installation of a street tree in accordance with City standards. Recommendation: That the City Council approve Resolution No. 2009-53, authorizing the City Engineer to execute and record the irrevocable offer of dedication for L.A. County Assessor Parcel No. 5371-007-044. H. Quarterly Interim Financial Update for the Quarter Ended September 30, 2009 For City Council review is the City of Rosemead Quarterly Financial Update for the Quarter Ended September 30, 2009. Also, included in the Quarterly Financial Update is the treasurer's report of cash and investment balances at September 30, 2009. Recommendation: That the the Treasurer's Report. Amended Contract with Los Angeles receive and file the update report and ountv Animal Control As part of the transitio Council must approve service and the ntrol services to the City, the City I with the County of Los Angeles. I agreement, the County will only be Durs animal control officer services approve the amended contract with the City Manager to sign any necessary J. Senior Nutrition Program - Authorization to Solicit Bids Over the past three (3) years, the City has contracted with Morrison Management Specialists, Inc. (MMS) to provide meals for the Senior Nutrition Program. The Senior Nutrition Program's mission is to provide high quality, cost efficient, nutritious meals to seniors and to promote the role of nutrition in preventative health and lonq term care. As part of the procurement requirements under the Community Development Block Grant (CDBG) program, an organization may only receive funding for up to three years for the same program or activity before a new Request for Proposal must be completed. The City's current contract for this service will expire on June 30, 2010. Rosemead City Council Meeting Minutes of November 17, 2009 Page 36 of 44 Recommendation: That the City Council authorize staff to advertise for this service and solicit bids for a qualified firm to administer the City's Senior Nutrition Program for FY 2010-2011 with an option to extend the contract for two (2) additional years. Mayor Pro Tern Gary Taylor made a motion, seconded by Council Member Polly Low to approve the Consent Calendar with the exception of Items C, E, and G. Vote resulted on: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None C. Ordinance 882- Second Reading: Adding Chapter 17.98 "Mobilehome Park Conversion" to the Rosemead Municipal Code Pertaining to the Conversion, Closure, and Cessation of Use of Mobilehome Parks On October 27, 2009, the City Council introduced Ordinance No. 882 for first reading, adding Section 17.98 "Mobilehome Park Conversion" to the Rosemead Municipal Code pertaining to the conversion, closure, and cessation of use of mobilehome parks. Recommendation: That the City Council adopt Ordinance No. 882 on second reading. Elena Popp - stated she represented the residents of the Monterey Mobilehome Park and at the last meeting these residents had asked Council to make four changes to the ordinance; provision for in place value, a provision for rent differentials, a rent freeze for a period of time, and restriction of evictions for minor violations. She stated these provisions were already implemented in other cities. Adelia Rizo - stated she had lived in her home for 20 years and stated that her mobilehome coach that is 47 years old cannot be moved. She stated she was on disability and added that she could not afford to pay more money for rent. Thanked Council for any consideration in her case. Francisco Mata - stated he was very concerned with this case; he added that his two kids will be graduating from high school really soon and going to college. He asked that something be done so that his family can stay where they are now and be able to afford transportation. Gilbert Ramirez - asked Council to listen to the people and their problems that they might be saying. Mr. Ramirez thanked Council for taking this case and spending so much time on this issue and helping the residents. Rosemead City Council Meeting Minutes of November 17, 2009 Page 37 of 44 Maria Flores Ramirez - (Ms. Popp translated for her) stated she has spent five years fighting for their rights and stated it was hurtful to feel like they were being treated as objects. She thanked Council for taking time and considering helping the residents. She added that although she understood the City was in the middle of the issue she asked Council to consider the amount of families, children, and seniors that will be affected by this issue. Raquel Perez - stated she wanted to express her biggest fears; there is four in her family and she has a special needs child. She stated her rent was currently $850 and if her rent was raised she would be forced to lose her home and also this would make her son with special needs lose his education and benefits that he receives in Rosemead. Anna Torres - stated she has lived in Park Monterey for 25 years and her mobilehome was about 45 years old and cannot be moved. She added she is currently retired, disabled, and lives on a fixed income; this would be a big economic impact. Ms. Torres stated she really loved her home and having to change to a different home and environment would totally devastate her. She thanked Council for listening to her and everyone and considering their Matilde Rincon - stated she has old and she is 70 years old. She there. She stated she lives off of and pay more rent. She not be allowed to raise rf Angelina Ruiz - sta just law that will help and it was very stres that for on the , her mobilehome is 60 years everyone else who lives move out of the mobile park ance that the property owners to the residents. her request tonight was that Council make a good decision and pass a dents of mobilehomes. She stated she also had a special needs child gure out what will happen to her and her children if they are kicked out David Evans - Regional Representative with the Western Manufacturing Housing Community Association stated he represented mobilehome park owners. Mr. Evans stated he could never compete with the issues of the mobilehome residents and knew their problems were real but asked for fairness. He asked that Council be fair to both sides when making their decision. Mr. Evans asked for reasonable relocation cost and hoped that Council will approve an ordinance that complies with State law and is reasonable to both sides. Craig Denton - stated that the park owners owned the land that the mobilehomes were on but the tenants are representatives felt that they should receive all the benefits that the land gives. Namely increasing the value of their trailer that is sitting in the land of the park owner; thereby forcing the owner to pay top dollar for that trailer. Park owners do not think that it is equitable to pay top dollars for trailers that are over 40 years old; he added that the ordinance was fair the way it was written now without further amendments. Rosemead City Council Meeting Minutes of November 17, 2009 Page 38 of 44 Mayor Pro Tem Gary Taylor stated that this was a lousy situation that Council had to make a decision on but it comes a time when you need to decide what is reasonable. Mr. Taylor stated that the ordinance addressed relocations benefits fees, which would be paid, as well as, rent assistance, which would also be paid. Mr. Taylor stated that the mobilehomes did depreciate in value and when the appraisals are made of what they are worth that is reasonable. Mayor Margaret Clark asked if it would be possible to make the owners freeze the rents for a year and not raise rents after they file for the park closure. City Attorney Rachel Richman responded she believed that was already added to the ordinance. Mayor Clark stated that it freezes them at the time they file but the issue raised was that they'll raise the rents first and then file so that it works out for the park owners. Mrs. Richman stated the answered was not in black and white and it went back to the reasonable cost of relocation because that is what the statute requires the body to follow. Mayor Clark asked if these residents had any recourse s city can help them with the inequity and the rents; asked was legal. Mrs. Richman stated she was not going to call it inequity different rent values it has to do with when did it happen, at the time. As to the inequity the city has no requlatorv >ure. Is there any way that the the owner was treating them different pads have ome in, the marketplace Council Member Steven Ly asked staff to explain the Section 8 Housing Index and how that would work. Economic Development Manager Michelle Ramirez replied that in the case that once a relocation plan was submitted to the City and the park owner raised the rents; the City would look at which is lower, the space rent or the fair market rent that has been published by the Federal Government at that time and use the lower of the rates as the rent differential. Mr. Ly stated that at the end of the day Council had to take a look at it and make the final ruling. Mrs. Ramirez responded that was correct and that the park owners had to give 90 day notice of rental increase. Gilbert Ramirez - stated that he never received a 90 day notice and his rent was increased from $410 to $650. Mrs. Ramirez stated she had spoken to Mr. Ramirez about contacting the Fair Housing Foundation regarding this matter because they can actually investigate that and they can go after the owner for doing that. Mrs. Ramirez added that the previous attorney representing the residents had informed her that they had contacted the Fair Housing Foundation and they had not found any wrong doing. Rosemead City Council Meeting Minutes of November 17, 2009 Page 39 of 44 Mayor Margaret Clark asked that language be added that referenced if there was evidence of rent gauging the City Council is allowed to take action. City Manager Jeff Allred stated that the request was to add language to page 7, "that in making a determination to approve or reject a proposed conversion impact report the City Council may consider the rent history for the predicament of that case". Mayor Pro Tern Gary Taylor made a motion, seconded by Council Member Steven Ly to introduce Ordinance 882 for the first reading and implement the additional language discussed. Vote resulted on: tYes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None E. Ramona Boulevard Beautification Project - Rejection of Bids As part of the City's Fiscal Year 2009-10 Capital Improvement Program, the City Council approved a project to improve the Ramona Boulevard sound wall area from Rio Hondo Avenue to Hart Avenue along the north side of Freeway 10. On October 28, 2009, bids were received and reviewed for the project. Recommendation: That the City Council: 1. Reject all bids. 2. Authorize staff to re-advertise this project and solicit bids to complete the improvement project. Council Member Steven Ly asked staff why the City only received one bid and asked why staff thought if they go out to bid again they'll receive more. City Manager Jeff Allred that staff will be contacting contractors directly as opposed to just posting it on the green sheet and our regular posting locations. Mayor Pro Tom Gary Taylor stated the City had a policy to try and obtain three bids; he added staff had done this before when the City had only received one bid. Council Member Steven Ly made a motion, seconded by Council Member Polly Low to reject all bids and authorize staff to re-advertise this project and solicit bids to complete the improvement project. Vote resulted on: Rosemead City Council Meeting Minutes of November 17, 2009 Page 40 of 44 Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None G. Contract Extension with Clean Street, Inc. to Provide Street Sweeping Services The City of Rosemead provides street agreement with Clean Street. The pro standards including service levels, dive and reporting requirements. Per the a least once weekly, Monday through Fr On June 9, 2009, the City Cow services agreement with Clean 2009. At this meeting the City extending the existing services increases. Staff met with repre to the City's request. Recommendation: Council Member Steven Ly discussion of going out to bid whether or not this should go on to vote recession is was las Staff was stated that his pn to make sure the through a contractual includes performance :s, equipment standards, streets will be swept at coded the City's current street sweeping for a six-month term through December 31, asked staff to discuss the possibility of nent with Clean Street with no future rate ves from Clean Street and they have agreed ,ouncil authorize the City Manager to execute a Clean Street for street sweeping services. ought up on June 9th and at that time there was e to bring back some information to discuss ate the current contract; this was never brought this item because he felt Council was not given rence was that staff goes out to bid because y is getting the best bang for its buck. Mayor Pro Tom Gary Taylor stated that his recollection was that the current contractor had to trucks in order to get the contract. Mr. Taylor stated he understood what Mr. L purchase special Y to do but that a lot of the City's contracts allowed for negotiation of an extension. At was trying this point the City is not getting any increases and added that he did not know of any other places the City would be receiving decreases in contracts. City Manager Jeff Allred stated that Clean Street indicated that there would be no cost increase Council Member Polly Low stated that if this is sent out to bid the City might get a better price; she stated she understood the argument of keeping this price for the next three years but she added that if they received a better price then the City would have a lower cost for the next three years. Rosemead City Council Meeting Minutes of November 17, 2009 Page 41 of 44 City Manager Jeff Allred stated that there was a high level of satisfaction with Clean Street's services. Mayor Pro Tem Gary Taylor stated that if the City went out to bid it would be a tossup; he added that in the contractor's favor the City had already negotiated a contract with him in good faith. Council Member Polly Low stated if it was possible to extend the contract for 6 months so that staff could workout the bidding process. Deputy Director of Public Works Chris Marcarello replied yes; that would help and it would give staff in opportunity to put the bids process together and bring it back to Council. Mayor Pro Tem Gary Taylor asked what the total of the contract was. Mr. Marcarello replied $217,384. Mr. Taylor stated he did not feel comfortable personally with the good faith effort. Staff had negotiated with the contractor and he in good faith negotiated back again and the City accepted. Now Council is stating that they don't like the deal and is going out to bid. Council Member Steven Ly made a motion, seconded by Council Member Polly Low to authorize the city staff to negotiate a 6 month extension on the contract with Clean Street and begin an RFP process. Vote resulted on: Yes: Armenta, Clark, Low, Ly No: None 8. Chamber R & STAFF of Understanding The City Council will consider the renewal and updated provisions of the City's agreement with the Rosemead Chamber of Commerce (the Chamber). The City's existing Memorandum of Understanding (MOU) with the Chamber has not been updated or renewed in many years. Under the updated MOU, the Chamber will continue to promote the City as an advantageous location for business, industrial, residential, and recreational activities to the business community, residents, potential residents, visitors, and students. The updated Scope of Service includes activities that aim to increase Chamber membership, so that the Chamber can become self-sustaining through membership dues. Recommendation: That the City Council review and approve the MOU for the Chamber's services. Rosemead City Council Meeting Minutes of November 17, 2009 Page 42 of 44 Assistant City Manager Matt Hawkesworth reviewed the staff report. Mayor Pro Tern Gary Taylor stated there was something in the agreement in reference to the political process, "the Chamber will not participate in any political activity", "political activity is prohibited". Mr. Taylor asked what the rationale for that was. Mr. Hawkesworth responded it came up as a State law on an issue that the cities would run into with their chambers. There is a State law that prohibits publishing elected officials' photographs and you have to publish all of them or none of them. Staff included this so that the City is indemnified in this agreement. Council Member Steven Ly made a motion, seconded by Council Member Polly Low to approve the MOU for the Chamber's services. Vote resulted on: Yes: Armenta, Clark, Low, Ly, No: None Abstain: None Absent: None 9. MATTERS FROM MAYOR & CITY COUNCIL A. Reports on Meetings/Conferences Attended AB 1234 requires that the City Council Members provide a brief report on meetings and/or conferences attended at City expense at the next regular City Council meeting. The City Clerk's office has received such a report filed by Council Member Ly. Recommendation: No City Council motion is required. No action taken on this item. B. Appointments to Keelung Taiwan Sister City Committee Executive Board The City Council will consider the appointment of five individuals to serve on the Keelung, Taiwan Sister City Committee Executive Board in accordance with policies and procedures adopted by the City Council in September of 2009. Recommendation: That the City Council appoint James Wang, Tom Wu, and Min Wang to serve four-year terms as well as Daniel Deng and Jeffrey Lin to serve two-year terms on the Keelung Taiwan Sister City Committee Executive Board. Mayor Pro Tern Gary Taylor made a motion, seconded by Council Member Steven Ly to appoint James Wang, Tom Wu, and Min Wang to serve four-year terms as well as Daniel Rosemead City Council Meeting Minutes of November 17. 2009 Page 43 of 44 Deng and Jeffrey Lin to serve two-year terms on the Keelung Taiwan Sister City Committee Executive Board. Vote resulted on: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None The City Council recessed to Closed Session at 11:51 p.m. 10. CLOSED SESSION A. Conference with Legal Counsel 1) Government Code 54956.9(c): Initiation of Litigation (1 matter) The City Council reconvened from Closed Session at 12:30; no reportable action to announced out of Closed Session. 11. MAYOR & CITY COUNCIL COMMENTS 12. ADJOURNMENT The Meeting adjourned at 12:30 p.m. The next joint Community Development Commission and City Council meeting is scheduled to take place on December 8, 2009 at 6:00 p.m. and 7:00 p.m., respectively. Margaret Clark Mayor Gloria Molleda City Clerk Rosemead City Council Meeting Minutes of November 17, 2009 Page 44 of 44