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CC - Minutes - 01-11-11Minutes of the Community Development Commission and City Council Regular Meeting January 11, 2011 The regular meeting of the Rosemead Community Development Commission and City Council was called to order by Mayor Taylor at 6:02 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Commissioner /Council Member Armenta INVOCATION: Commissioner /Council Member Clark PRESENT: Chair/ Mayor Taylor, Vice - Chair/ Mayor Pro Tern Ly, Commissioner/ Council Members Armenta, Clark and Low STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant,City Manager Hawkesworth, Community Development Director Wong, Director of Finance Brisco, Director of Parks and Recreation Montgomery- Scott, Economic Development Manager Ramirez, Public Works Director Marcarello, and City Clerk Molleda Executive Director /City Manager Allred stated that staff would like to add item to the agenda regarding the State budget. Vice - Chair /Mayor Pro Tern Steven Ly made a motion, seconded by Commissioner /Council Member Margaret Clark, to add a budget discussion on the Commission agenda as item 4. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 1. ORDINANCES READ BY TITLE ONLY State law requires that all ordinances be read in full prior to the City Council /Agency Board taking action; however, by motion, unanimously adopted, the City Attorney can be instructed to read all ordinances by title only. Recommendation: That the City Attorney be instructed to read all ordinances which appear on this agenda by title only, and that further reading be waived. Commissioner /Council Member Sandra Armenta made a motion, seconded by Vice - Chair /Mayor Pro Tern Steven Ly, to approve ordinance by title only. Vote resulted in: Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 1 of 18 Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 2. PUBLIC COMMENTS FROM THE AUDIENCE Daniel Garcia — asked that there be more affordable and accessible housing for people with disabilities under the Americans with Disability Act. 3. COMMISSION CONSENT CALENDAR A. Claims and Demands • Resolution No. 2011-01 Recommendation: to approve Resolution No. 2011 —01, entitled: A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $22,953.53 DEMAND NO. 10099 AND DEMAND NOS. 11417 THROUGH 11424. • Resolution No. 2011— 03 Recommendation: to approve Resolution No. 2011 — 03, entitled: A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $13,340.76 DEMAND NO. 10100 AND DEMAND NOS. 11425 THROUGH 11429. Vice-Chair/Mayor Pro Tern Steven Ly made a motion, seconded by Commissioner /Council Member Polly Low, to approve Commission Consent Calendar. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None 4. STATE BUDGET DISCUSSION Executive Director Allred stated that staff participated in a conference call with the League of California Cities about Governor Jerry Brown's proposed State budget. He added that there were issues discussed such as the realignment, reallocating functions from State to local governments, eliminating the Redevelopment Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 2 of 18 Agencies which is a significant issue for the City. Mr. Allred continued that provisions would be made for the payments of the debt service in which funds would be provided and cities would not have that obligation. Chair Taylor asked for clarification on the governor's proposal. Executive Director Allred explained that if the governor's proposal was approved, the Redevelopment Agency would be eliminated. Chair Taylor commented that the State would have to give a million dollars back to each Redevelopment Agency to get rid of the debt. Commissioner Clark asked where the State will get the money to pay back the Redevelopment Agencies. Executive Director Allred stated that the Agencies losing debt would be covered by the State. He also added that the pass- through agreements the City has with the school districts and other taxing entities would continue to be State funded or by other established entity to take care of the obligations. Mr. Allred added that if Redevelopment Agencies were to be eliminated it would have a significant impact upon cities. Staff will be studying the issue and will look at its contingency when looking at the upcoming City budget. Chair Taylor stated that in an article he read it referenced Governor Brown trying to modify Proposition 13 because he opposed it when it came out. The article indicated that Governor Brown will be able to amend Proposition 13. Executive Director Allred replied that Proposition 13 was not discussed Assistant City Manager Hawkesworth stated that the Governor's presentation and Proposition 13 was not brought up. Chair Taylor expressed concern that Governor Brown while working on the State budget proposal, will be working on amending Proposition 13. He added that prior to Proposition 13 property taxes would go up automatically. Assistant City Manager Hawkesworth reiterated during the discussion of possible elimination of the Redevelopment Agency which the State may give more control to local governments and the flexibility in approving their own taxes or revenue measures to create funding for redevelopment or economic development projects. He added that the Governor stated that cities will have more flexibility but not the flexibility to increase property taxes. Chair Taylor asked if the speech had been transcribed or copied. Executive Director Allred stated that staff will provide a copy of the Governor's proposal. Commissioner Armenta commented that during her visit to Sacramento many of the Legislators vowed to protect Redevelopment and Local Cities. She stated that Roger Hernandez, Charles Calderon, Knight and Emerson were among the Legislators in Sacramento. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 3 of 18 Commissioner Clark asked if the City's legislative lobbyists Gonzalves and Son's were in attendance at the Sacramento conference. Commissioner Armenta replied Gonzalves and Son's were not in attendance; however, she was asked by Assembly Member Mike Eng and Ed Hernandez what Rosemead will do to fund the services in the City if the Redevelopment Agency is eliminated. Ms. Armenta replied Council is against raising taxes and is one of the last cities that do not have a utility tax. Executive Director Allred stated that low moderate housing funds are in danger and if Redevelopment is eliminated the City would not have the ability to subsidize rents for senior citizens housing. Commissioner Armenta added that the City has Anthony Gonzalves in Sacramento as a lobbyist who puts things in perspective on behalf of the City. She stated that he is very knowledgeable about what is occurring and he was very clear to state that Rosemead does not raise taxes. Vice -Chair Ly clarified the State Senator and Assembly Member Eng did not take a position on the issue and that they will most likely follow whatever the Democratic caucus line is going to say. Commissioner Low asked what the League of California Cities is asking the City of Rosemead to do. Executive Director Allred replied the item was an informational discussion only and staff is talking to Legislators about the City's concern. He also stated that the Governor may have legislation in place to eliminate redevelopment agencies by March of 2011. Vice-Chair Ly asked Agency Attorney Richman if the State can eliminate Redevelopment Agencies through a constitutional amendment. Agency Attorney Richman stated that the Redevelopment Agency is a State created entity under the health and safety code and it may be legislatively eliminated. Vice -Chair Ly asked if Proposition 22 applied to Redevelopment. Agency Attorney Richman replied she was not sure because it was mainly to cities dealing with redevelopment agencies which are a State entity versus Municipalities which are separate entity from the State. Commissioner Armenta stated that Proposition 22 gives cities more control but it is still up to the State to do whatever they want with redevelopment; if they want to take it away they have the right to do so. She added that Governor Jerry Brown is currently living in a redevelopment area, the building he lives in used to be a car dealership, and he was the mayor of the City of Oakland in which many of their projects were developed through the Redevelopment Agency. She stated she addressed the California Contract Cities Association members with this information and they were puzzled and did not understand why Mr. Brown was doing this when he knows how important and detrimental Redevelopment is to cities. Chair Taylor stated that staff needs to keep in touch with Assembly Member Eng and the city's lobbyist. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 4 of 18 Commissioner Low asked if there was anything else cities could do to prevent the elimination of the Redevelopment Agency. Commissioner Clark asked where the money from the Redevelopment Agency generated will go to Executive Director Allred replied it would go to other State functions, schools, and County Courts. Commissioner Clark asked if Governor Jerry Brown was proposing specifics Assistant City Manager Hawkesworth explained that if the Redevelopment Agencies are eliminated a new entity would be created and assume any debt the City may have. Any property tax that would be collected by the City would now go to the State instead. He added that there is only $1.7 billion that is discretionary according to the budget documents and the rest of the money will be allocated towards debt services. Mr. Hawkesworth also stated the Governor is proposing to start with the $1.7 billion and pay redevelopment debt and money would then grow and be given back to cities and school districts. Now when a new agency is created cities have to give twenty percent of one percent back to all taxing entities. Executive Director Allred added that it's because of the pass- though agreements. Assistant City Manager Hawkesworth continued that by eliminating the Redevelopment Agency, property taxes would go to school districts and that would free money from the State's general fund. Executive Director Allred replied that the other monies are not discretionary because they are for debt services or for pass- through agreements. Commissioner Armenta stated she read an article in the Sacramento Bee newspaper and it alluded to the fact that the schools are not being touched and that maybe this is being done in hopes that the California Teachers Association will fund the Governor's campaign to eliminate Redevelopment, if this issue gets on the ballot. Vice -Chair Ly stated voters would need to approve any tax increases and the Governor would have to build a coalition which may include the California Teachers Association. If tax extensions do not occur then school budgets would get cut according to the Sacramento Bee article. Commissioner Clark asked if the Redevelopment Agency is eliminated how that would affect the City's current projects. Assistant City Manager Hawkesworth replied that it would not affect any bond proceeds which were recently issued. The money that will affect is the housing and redevelopment which is about $1.5 to $2 million a year that the City will no longer get it. Executive Director Allred stated that approximately $600 thousand now goes to housing programs and that the general fund would not be able to subsidize that amount if Redevelopment is eliminated. Assistant City Manager Hawkesworth added that it would affect the senior housing complexes. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 5 of 18 Commissioner Clark suggested to Mr. Garcia to get involved with the issue because the low income senior housing would be affected if the Redevelopment Agency is eliminated. Executive Director Allred stated that the City Council /Agency Board was very wise in doing a bond issue and dedicating that revenue stream for debt services, the State would have taken that money away. Commissioner Clark asked how Proposition 26 and 218 would affect the Governor's proposal to eliminate redevelopment. Executive Director Allred stated that Proposition 218 required a 2/3 vote for specific tax and the Governor's proposal is to do a constitutional amendment to allow local government to pass a tax of fifty -five percent. Vice -Chair Ly asked for the State budget discussion to be a standing item on the agenda for future meetings. Commissioner Clark stated that she read an editorial from the Sacramento Bee newspaper where it stated that voters in November made a clear statement that they want money to stay locally and voters are not really happy with Sacramento. The Commission /City Council recessed the meeting at 6:35 P.M. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 6 of 18 Minutes of the City Council Meeting The regular meeting of the Rosemead City Council was called to order by Mayor Taylor at 7:02 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Council MemberArmenta INVOCATION: Council Member Clark PRESENT: Mayor Taylor, Mayor Pro Tern Ly, Council Members Armenta, Clark and Low STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager Hawkesworth, Community Development Director Wong, Director of Finance Brisco, Director of Parks and Recreation Montgomery- Scott, Economic Development Manager Ramirez, Public Works Director Marcarello, and City Clerk Molleda 4. PUBLIC COMMENTS FROM THE AUDIENCE Daniel Garcia — expressed concern that some people in the community do not know how to advocate when there are issues and suggested a workshop. Council MemberArmenta asked Mr. Garcia if he advocated for students with disabilities as well. Mr. Garcia — replied yes, he does advocate for students with disabilities. Juan Nunez — asked about the financial status of the city. Mayor Taylor replied that it's about $20 million in expenses and the City still has its reserves. Mr. Nunez — expressed concern that the City of Rosemead is using the same auditors as the City of Bell and they had not caught what the City of Bell was doing in their books. Mayor Taylor stated staff is researching who the new accountants will be for the City. City Manager Allred explained that the City Council authorized staff to obtain a request for proposal for new auditing services. Mr. Nunez — asked how the new auditors will be evaluated. Council MemberArmenta stated Mr. Ly brought it to the attention of the City Council that both cities were using the same auditor. Min- Hsien Wang - representative the Rosemead Chamber of Commerce and invited the City Council to the 9th annual Lunar Year Dinner on February 10th at 888 Sea Food Restaurant. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 7 of 18 Marissa Castro- Salvati - representative for Southern California Edison gave an update on the Tehachapi Renewable Transmission project, which has commenced in the City of South El Monte and El Monte and probably not much activity in the City of Rosemead until next year. Council MemberArmenta inquired about Edison's right -of -way on San Gabriel Boulevard and stated there are weeds growing so tall they look like trees. Ms. Castro - Salvati - replied that her staff will look into it. Council MemberArmenta asked if Edison knew what parcels will be used as the lay down yards. Ms. Castro - Salvati - replied they do not know where the lay down yards will be in the City of Rosemead. However, there will be one in South San Gabriel. Mayor Pro Tern Ly directed staff to obtain a short report on how rule 28 works. City Manager Allred explained that rule 28 collects money on behalf of the City and when there is sufficient money, and then a project will be set. For example the Walnut Grove north of the 1 -10 freeway will be managed by Edison and may take up to three years to complete. Ms. Castro - Salvati — explained that the distribution facility of Edison is underground and the project selected areas have to have major thoroughfare and Walnut Grove is considered a major thoroughfare. Next staff will review and make sure the impacted customers are informed on activity as well as Council approving a resolution. Public Works Director Marcarello reiterated that Council previously approved a project location on Walnut Grove from the 1 -10 freeway along Valley Boulevard and staff will bring a resolution in the future. Dolores Weidelmann - expressed concern that Edison employees were not clearing the landscape on Walnut Grove and Mission Drive thoroughly. 5. PRESENTATION • Opening of a time capsule recently discovered during the installation of the new front doors at City Hall. The time capsule dates back to the construction of City Hall in 1968. City Council opened the time capsule and presented documents from a Masonic Lodge, photos, city newspapers, and a city's newsletter all dating back to 1968. Mayor Taylor suggested that the items in the time capsule be placed at the Rosemead Library for public display. Mayor Pro Tem Ly asked that Council discuss at a future agenda item if the City will do another time capsule. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 8 of 18 6. PUBLIC HEARING A. Second Reading of Ordinance for Adoption of California Building Laws and Fire Code as Amended by Los Angeles County Every three years the City of Rosemead adopts the California Building Laws and Fire Codes as amended by Los Angeles County. Both the State of California and County of Los Angeles have completed their adoption process and the City will now adopt the County Codes — Titles 26 through 32. This ordinance was introduced for adoption at the December 14, 2010 City Council meeting. Recommendation: That the City Council: 1. Adopt and conduct the second reading of Ordinance No. 909, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2, THE CALIFORNIA BUILDING STANDARDS CODE (TITLE 26 LOS ANGELES COUNTY BUILDING CODE), THE CALIFORNIA ELECTRICAL CODE (TITLE 27 LOS ANGELES COUNTY ELECTRICAL CODE), THE CALIFORNIA PLUMBING CODE (TITLE 28 LOS ANGELES COUNTY PLUMBING CODE), THE CALIFORNIA MECHANICAL CODE (TITLE 29 LOS ANGELES COUNTY MECHANICAL CODE), THE CALIFORNIA RESIDENTIAL CODE (TITLE 30 LOS ANGELES COUNTY RESIDENTIAL CODE), THE CALIFORNIA GREEN BUILDING CODE (TITLE 31 LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE), CALIFORNIA FIRE CODE (TITLE 32 LOS ANGELES COUNTY FIRE CODE) AND ADOPTING LOCAL AMENDMENTS THERETO City Manager Allred reviewed the staff report. Mayor Taylor opened Public Hearing at 7:50 p.m. There being no comments Mayor Taylor closed Public Hearing at 7:50 p.m. Council Member Sandra Armenta made a motion, seconded by Mayor Pro Tem Steven Ly, to approve the second reading of Ordinance No. 909. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 9 of 18 7. CITY COUNCIL CONSENT CALENDAR A. Minutes December 27, 2010 — Special Meeting B. Claims and Demands • Resolution No. 2011— 01 Recommendation: to approve Resolution No. 2011 —01, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,166,181.66 NUMBERED 101088 THROUGH 101114 AND 72061 THROUGH 72180 INCLUSIVELY • Resolution No. 2011— 02 Recommendation: to approve Resolution No. 2011 — 02, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $180,759.20 NUMBERED 72181 THROUGH 72189 INCLUSIVELY • Resolution No. 2011— 03 Recommendation: to approve Resolution No. 2011 — 03, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $312,266.26 NUMBERED 101115 THROUGH 101117 AND 72190 THROUGH 72260 INCLUSIVELY Mayor Taylor asked for clarification on the claims and demands where it stated Rosemead Community reverse with code J.E.4. Finance Director Brisco stated that there was a journal entry to record the theft from an escrow company. As part of the closing entry it needed to be reserved for the following year and J.E. means Journal Entry. Mayor Taylor reiterated that the reverse entry was the money lost from the misappropriation through the escrow company. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 10 of 18 C. Ordinance 902 — Second Reading: General Plan Amendment 10.01 and Municipal Code Amendment 10 -06, Consisting of Amendments to the Land Use Element of the General Plan and Rosemead Municipal Code for the Purpose of Revising Hotel and Motel Development Regulations On November 23, 2010, the City Council introduced Ordinance No. 902, General Plan Amendment 10 -01 and Municipal Code Amendment 10 -06. Ordinance No. 902 is now before Council at the required second reading for adoption. Recommendation: That the City Council adopt Ordinance No. 902, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT 10.06, AMENDING CHAPTER 17.04, CHAPTER 17.84, AND CHAPTER 17.112 OF TITLE 17 OF THE CITY OF ROSEMEAD MUNICIPAL CODE RELATING TO HOTEL AND MOTEL DEVELOPMENT STANDARDS Juan Nunez - asked how is noise regulated on a business. Mayor Taylor replied that noise is regulated by the city's ordinance. However, the ordinance 902 is to allow different renovations to hotels and allow them to expand only for small hotels. Mayor Pro Tern Steven Ly made a motion, seconded by Council Member Sandra Armenta, to approve Consent Calendar items A, B and C. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None D. Transmittal of City, Community Development Commission and Housing Corporation FY 2009 -10 Audited Financial Reports and Required Letters The independent financial audit documents for the fiscal year ended June 30, 2010 have been completed, including the City of Rosemead Comprehensive Annual Financial Report (CAFR), the Rosemead Community Development Commission (RCDC) audited financial report, and the Rosemead Housing Development Corporation (RHDC) audited financial report. Recommendation: That the City Council receive and file the following: 1. City of Rosemead FY 2009 -10 CAFR. 2. Rosemead Community Development Commission audited financial report. 3. Rosemead Housing Development Corporation audited financial report. 4. Single Audit Report on Federal Awards. 5. Letter on Auditor's Responsibility under U.S. Generally accepted Auditing Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 11 of 18 6. Letter report on the City's internal controls. 7. Letter on agreed upon procedures. Daniel Garcia — suggested that the City have more information on disability and form a commission to advise the Council on housing projects for disabled people and seniors. Mayor Pro Tem Ly explained to Mr. Garcia that the Community Development Commission is made up of the same members of the City Council and are elected by the people. Mr. Garcia — reiterated it would make sense to form another commission to be involved with more issues when building more housing for people with disabilities to advise Council. Mayor Taylor asked Mr. Garcia if he read the audit report because the reports are available for the public. Council Member Armenta stated that the City is mandated to follow the American with Disability Act laws when building housing in the city. Mr. Garcia — suggested that every city should have ADA compliance officers. Council Member Low asked how the City will know the audit report is valid. City Manager Allred explained Mayer Hoffman McCann did the audit and staff submitted their audit to a third party review for peer review which is the Governmental Finance Association and then provide feedback. Finance Director Brisco stated that the audit reports were given to the Government Finance Association and the City has received awards for the past three years. Mayor Taylor asked if staff knew what the review committee looked at and the process they use. City Manager Allred stated that attachment E states the responsibility of the auditor. Finance Director Brisco explained that the auditors list how they do their testing and what they look at. Mayor Taylor inquired about attachment E where it indicated significant audit findings stating, "We have separately repotted to you in a separate letter dated December 20, 2010 the deficiency in internal control that we considered to be significant deficiencies ". City Manager Allred replied the audit findings are detailed in attachment F which identifies the deficiency that the auditors found and stated their recommendations. First recommendation is to establish a system access rights. Second, adjustments detected through the audit process and third, needs for improvement of County over capital assets. Mayor Taylor stated that on the report item 4 showed the total of Community Development Commission expenditures to be approximately twenty percent of the total city expenditures. He expressed concern that administrative salaries charged for certain individuals are up fifty -five percent and allocations are based on estimates of the times spent working on CDC not actually time spent and asked staff to correct that process. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 12 of 18 City Manager Allred explained that in the audit report the recommendations and corrective actions that will take place on the next budget preparation cycle. Also, staff will take consideration on time worked to be allocated to the Community Development Commission. Mr. Allred added that the new financial software is an employee self service feature which will permit staff to input hours to appropriate cost center. City Council received and filed the transmittal of City, Community Development Commission and Housing Corporation FY 2009 -10 Audited Financial Reports and Required Letters. 8. MATTERS FROM CITY MANAGER & STAFF A. Request for Event Sponsorship and In -Kind Services for Fitness Awareness Day 2011 At its February 10, 2010 regular meeting, City Council approved sponsorship of a Fitness Awareness Day as requested by Joy of Kung Fu, a regional martial arts organization that promotes general wellness. Sponsorship included free use of the Rosemead Community Recreation Center, staff assistance, and hanging of boulevard banners with a total value of $1,244. Joy of Kung Fu is again requesting City sponsorship of Fitness Awareness Day 2011. There is no change in costs.of requested services. Recommendation: That the City Council provide direction regarding Joy of Kung Fu's request for sponsorship of Fitness Awareness Day 2011 with in -kind services valued at $1,244. City Manager Allred reviewed the staff report. Mayor Taylor asked for clarifications on the staff report first paragraph, where it stated that sponsorship would include free use of the Rosemead Community Recreation Center and for how long. Director of Parks and Recreation Montgomery-Scoff replied the use is for eight hours use Mayor Taylor continued that the Joy of Kung Fu hangs their banner on a Boulevard and asked for clarification on the proposed event to be held at Rosemead Center and cost approximately $11,000 in addition to donated in -kind services to public events. He added that Joy of Kung Fu would be responsible for procuring all needed funds and is seeking additional assistance from the City. Director of Parks and Recreation Montgomery-Scott reiterated that the Joy of Kung Fu would be responsible for getting all the funds necessary to pay for the event beyond the city's in -kind offer and the City would be responsible for only $1,244. Council Member Low asked for clarification on the use of facilities for non - profit organizations. She stated that previously the organization requested banners and promotions as well as a booth at the July celebration from the City and they come back with another request for use of a city facility as well as staff time. Director of Parks and Recreation Montgomery -Scott replied he was not sure if there is any indication of status change for Joy of Kung Fu. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 13 of 18 Council Member Low asked if Joy of Kung Fu changed their status to a non - profit organization. She felt that since there is a connection between the City and the daughter in law of Mr. Wang, who is a good friend of the City, the request is being approved. Mrs. Low asked if there was an exception to the organization. Mayor Pro Tem Ly stated that the City is co- sponsoring a fitness day with Joy of Kung Fu which are only asking for $1,244 in in -kind contributions. Whereas The Lady Hawks are not co- sponsoring an event there is a different policy set aside to the use of space in Rosemead. Council MemberArmenta commented that the Lunar New Year is also a co- sponsored event and asked if they were a non - profit organization. Council Member Low replied that the Lunar New Year event is a City event Council MemberArmenta stated that now the Lunar New Year is a City event but at first the city was only co- sponsoring it and they were taking the majority of the money. Council Member Low stated they were doing the work and they were putting together events for the City; she added that it was like they were being hired by the City to put together the event. Council MemberArmenta stated the City was not hiring them Council Member Low stated since the conversation was about sponsoring events she wanted to know what the City's policy was on the issue. And asked when Council should sponsor and not sponsor an organization. Council MemberArmenta stated that a year ago the City agreed to sponsor this event because it was a health fair and Council wanted to bring a health fair to the City of Rosemead which is why the City decided to help with the in -kind contributions. She referred back to the Lunar New Year event and stated that it was a great event; it was something that the City needed and the City co- sponsored the event even though they were not a non - profit organization. She added that the health fair is something that the residents want and the City can co- sponsor it because the policy is a little different for that. Mayor Taylor stated that the City wants to help the residents and referred to the staff reading "Community organization policy limits, funding request to non - profit organizations or public schools based in Rosemead using funds for a unique or an emergency situation, Joy of Kung Fu in not incorporated, this request is not for funding but for Rosemead co- sponsorship of a community event. Apparently a number of youth sport organizations receive in -kind services such as the fields, facility use, without formal request to City Council'. Mr. Taylor stated there needs to be a consistent policy and does have certain contingencies or waivers factors to some groups. Mayor Pro Tem Ly stated that there should be a policy in place. However, a precedent has been made and the City is co- sponsoring an event and it makes sense to cover the in -kind cost. He agreed with Ms. Armenta that the Lunar New Year is a co- sponsor event with EDI media and the city contributes about $18 to $20 thousand for the event. Mr. Ly asked that staff look into a policy for co- sponsorship status. Mayor Taylor stated that the city is currently co- sponsoring two events and this could be a clever way for others to come in with other proposals and pressure may be put on to Council Members to commit to different funding events. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 14 of 18 Mayor Pro Tem Ly agreed with Mr. Taylor and stated that Council has always considered if an event can be done internally or services need to be contracted out then co- sponsoring an event is best for the need of the community. Council Member Low explained that originally EDI Media quoted a $45 thousand cost for the Lunar New Year event and the City decided to co- sponsor the event in order to reduce -the cost. She clarified that EDI did not come to the City to ask for co- sponsorship of the Lunar New Year event. Mayor Pro Tem Ly stated had EDI Media came to the City to ask for co- sponsorship that would have set precedent because as a City there is no policy to pay an organization to put on event. Mayor Pro Tem Steven Ly made a motion, seconded by Council Member Sandra Armenta, to approve in -kind services valued at $1,244 to Joy of Kung Fu. Vote resulted in: Yes: Armenta, Clark, Ly, Taylor No: None Abstain: Low Absent: None Daniel Garcia - asked if the Joy of Kung Fu event will have a wellness awareness program for people with disabilities and seniors. Mayor Pro Tem Ly stated that the Kung Fu Joy event is not just a martial arts event it is a fitness awareness event and they do have programs for seniors and people with disabilities. B. Parks /Sports Facility Use Policy At its December 16, 2008 and April 28, 2009 meetings, the City Council approved a revision of policies for City of Rosemead parks and sports facilities. Policy changes included distinctions between non - profit, resident, and non - residents users, fee schedules, revised rules and regulations, cancellation of use, maintenance responsibilities for regular users. Current policy, which allows their fees to be waived, defines non - profit users as follows: "Non- profit groups must provide verification of current 501(c)(3) status and a participant roster demonstrating that one in every four participants resides in Rosemead. They must also prove that their services are of significant direct benefit to the community and are not provided by the City or other agency currently serving Rosemead youth. Services must be accessible to the general public and in compliance with non - discrimination laws." A City Council Member has requested that this policy be agendized for discussion to determine whether an amendment is needed to mandate that non - profit users who are provided field /facility use at no cost include Rosemead as part of their organization name. Recommendation: That the City Council provide direction regarding any desired amendments to Parks /Sports Facility Use Policy. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 15 of 18 Mr. Garcia - expressed concern that if city facilities may not be accessible to people with disabilities. Council MemberArmenta asked Mr. Garcia if he has gone to any city facility and has felt they are not handicapped accessible. Mayor Pro Tem Ly asked Mr. Garcia that if he noticed any city facility that is not ADA compliant to notify the City. Council Member Clark commented when she was in a wheelchair for six weeks she realized that the City is compliant with all ADA regulations however, there were some issues that still need to be addressed. Mayor Pro Tem Ly stated that in the official name or doing business as an organization needs to have the word Rosemead in it. He expressed that it's important for an organization that is using a city facility to recognize Rosemead. Council Member Low reiterated that the City is asking that in order to use a city facility with fees exempt one must be non - profit organization. Director of Parks and Recreation Montgomery-Scott clarified that a fee waiver is never mandated and an organization based in Rosemead that does not provide duplicate services are eligible for a fee waiver regarding facility use. Council Member Low stated that the staff report is suggesting that an organization must have the word Rosemead as part of their organization name. She expressed that she would like to give organizations the flexibility to have whatever name they want but not other city names as part of their organization. Mayor Pro Tem Ly reiterated that the city is lucky to have a robust recreation program because it's important for organizations and residents to have access to those facilities. Mr. Ly stated for that reason the City should showcase the city's name with organizations that use city facilities. Council MemberArmenta agreed with Mr. Ly and stated the Lady Hawks incorporate the word Rosemead on their banner. She asked if the Monterey Park Angels had changed their name. Director of Parks and Recreation Montgomery-Scott stated that staff was notified that they are going through the process and are seeking the funding to reapply; formally in paper they have not changed their name. Mayor Pro Tem Ly stated that it's fine because it takes time and a lot effort to change names and the Monterey Park Angels will be doing business as Rosemead Angels. Council MemberArmenta explained that it takes about six months and the cost is about $800 to change a non - profit organization's name. Council Member Clark asked if there are any organizations that are using city facilities and do not have Rosemead in their name. Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 16 of 18 Director of Parks and Recreation Montgomery-Scott replied that the Lady Hawks refer themselves as being based in Rosemead. The San Gabriel Running Rebels do not have Rosemead in their name and the Monterey Park Angels are in the process of incorporating the Rosemead name. Council Member Clark expressed concern in putting the policy in concrete because each request by an organization has to be approved by the City Council. Director of Parks and Recreation Montgomery-Scott explained that if an organization is not based in Rosemead like the Monterey Park Angels then they come for approval by the City Council for facility use. However, if an organization passes all requirements they don't necessarily need Council's approval. Council Member Clark asked what if a larger organization came to the City like the Boy Scouts of America and are turned away because they cannot incorporate the Rosemead name. Director of Parks and Recreation Montgomery-Scott stated that would be a possibility. For example the AYSO is a national organization and they are established regionally and their region 40 says San Gabriel Rosemead. Mr. Montgomery-Scott added that an organization may be set up regionally and the jurisdiction for that organization may extend beyond Rosemead. Council Member Clark suggested that organizations incorporate the word Rosemead in their t -shirts rather than having it in concrete that they must have Rosemead in their name where it might bring some conflict. Mayor Pro Tem Ly reiterated that is why he suggested that an organization incorporate the word Rosemead in their DBA. He added that he did not want to limit non - profit organizations and asked for staff to look into the DBA status. Council Member Armenta suggested limiting the policy to teams that play in Rosemead and not all non- profit organizations. Council Member Low asked how it would be determined. Council Member Clark clarified that you cannot duplicate the sport; the City already offers a baseball team, a soccer team and so on. Council Member Low stated the goal is to promote the City on jerseys or have a banner that bears the City's name. Mayor Pro Tem Ly stated that is good to be used for the DBA. Mayor Taylor asked Mr. Ly what was his goal because the DBA would just be on paper. Mayor Pro Tem Ly explained that his goal was for an organization in Rosemead or a non- profit organization that use city facilities for free, there should be an understanding that they are a team from Rosemead. Mayor Taylor stated that non - profit groups must provide verification of current 501 C 3 statuses and must prove that their services are of significant benefit to the community. He added that services must be accessible to the general public and in compliance with non- discrimination laws. Mr. Taylor explained that he Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 17 of 18 understood that someone wants to use Rosemead in their name to represent. However, it's a problem putting the name on a piece of paper just to avoid paying any fees. Council Member Low asked staff to clarify the policy where the city is asking either for an organization to incorporate the Rosemead name on a jersey or change their DBA. Mayor Pro Tem Ly recommended that the item be sent back for more research on the DBA aspect. City Manager Allred stated that staff will redraft and bring back with some recommended language. 9. MATTERS FROM MAYOR & CITY COUNCIL Mayor Taylor asked for the next meeting to bring back for Council approval of 3 or 4 sets of minutes that were not approved in previous years. Mayor Pro Tem Ly requested tapes as well City Attorney Richman stated that an option there is that Council approve the minutes that they were duly and recorded by the City Clerk and be entered in to the records for record keeping purposes. Mayor Pro Tem Ly explained there are two versions of minutes of the same date that were not approved regarding the Wal -Mart issue and asked to listen to the tapes. Mayor Taylor clarified that Mrs. Low was at the meetings and can vote on the minutes and the minutes of 2004 and 2005 were never approved because they were used in court for two years. Council Member Armenta stated that she and Mr. Ly had just returned from Sacramento and felt it was a great opportunity to hear about the budget and speak to the legislators and hear their comments about the budget. Council Member Low reminded everyone about the Lunar New Year event that the EDI and the City are co- sponsoring. 10. ADJOURNMENT The Meeting adjourned at 9:02 p.m. The next regular joint Community Development Commission and City Council meeting is scheduled to take place on January 25, 2011 at 6:00 p.m. and 7:00 p.m., respectively. Mayor ATTEST: ?1 Gloria Molleda City Clerk Rosemead City Council and Community Development Commission Joint Meeting Minutes of January 11, 2011 Page 18 of 18 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD 1 I, Gloria Molleda, City Clerk for the Rosemead City, do hereby certify that the minutes from January 11, 2011, were duly and regularly approved and adopted by the Rosemead City Council on the 9th of March 2011, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Gloria Molleda City Clerk