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CC - Item 7C - An Ordinance Amending Section 2.33.070 of the Rosemead Municipal Code Relating to Duties of the Parks Commission and Updating Administrative Policy 50-08ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: BEN KIM, CITY MANAGER DATE: SEPTEMBER 26, 2023 SUBJECT: AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION 2.33.070 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO DUTIES OF THE PARKS COMMISSION AND UPDATING ADMINISTRATIVE POLICY 50-08 SUMMARY At the request of the City Council, staff was directed to bring an ordinance to amend section 2.33 of the Rosemead Municipal Code relating to duties of the Parks Commission. The amendment would give the Parks Commission decision-making authority to the naming of park benches, trees, gardens, and other items within the parks. With this amendment to the Rosemead Municipal Code, staff is also recommending a change to Administrative Policy 50-08, giving the Parks Commission the authority to make final decisions as to the Memorial Bench, Tree, and Garden Program. At the May 9, 2017 meeting, the City Council approved the addition of Chapter 2.33 to Title 2 of the Rosemead Municipal Code and providing the establishment of a Parks Commission for the City of Rosemead. The established purpose of the Parks Commission is to serve the City Council in an advisory capacity with items specifically related to increasing parks and open space. The Parks Commission researches new land acquisitions, possible joint usage agreements with local stakeholders, and provides feedback on park amenities and features. The proposed amendment would give the Parks Commission the final decision-making as it relates to the naming of park benches, trees, gardens, and other items within the parks consistent with City policy regarding such determination. At the January 14, 2020, meeting, the City Council approved the revised Administrative Policy, 50-08, which details the Memorial Bench, Tree, and Garden Program. This program provides Rosemead with the opportunity to commemorate or honor family, friends, and business professionals who have passed away and have had a positive impact on the community. Staff is recommending that the City Council approve the proposed update in Administrative Policy 50-08, which states that the Parks Commission has the authority to make final decisions relating to this policy. AGENDA ITEM 7.0 City Council Meeting September 26, 2023 Page 2 of 2 STAFF RECOMMENDATION Staff recommends that the City Council: 1. Approve the first reading by title only, of Ordinance No. 1021, an ordinance of the City Council of the City of Rosemead, amending Section 2.33.070 of the Rosemead Municipal Code relating to Duties of the Parks Commission; 2. Approve the updated Administrative Policy 50-08. FISCAL IMPACT - None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: -qIQ� Tom Boecking Director of Parks and )ecreation Attachment A: Ordinance No. 1021 Attachment B: Updated Administrative Policy 50-08 Attachment A Ordinance No. 1021 ORDINANCE NO. 1021 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING SECTION 2.33.070 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO DUTIES OF THE PARKS COMMISSION WHEREAS, The City Council of the City of Rosemead adopted Ordinance No. 974, establishing a Parks Commission. The purpose of the Parks Commission is to assist in increasing accessibility to parks and open spaces through various methods including but not limited to seeking land acquisition and joint usage agreements with local stakeholders and providing park amenity suggestions and feedback. WHEREAS the City Council now desires to amend municipal code section 2.08.070 — outlining the duties of the Rosemead Parks Commission. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds and determines as follows In order to provide the Parks Commission, the authority to make final determinations as it relates to the naming of park benches, trees and other items in the park, the City Council desires to amend Municipal Code Section 2.08.070. SECTION 2. Environmental Review. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); (2) Section 15060(c)(3) (the activity is not a project as defined in Section 15378), because the subject regulations have no potential for resulting in any significant physical change to the environment, directly or indirectly, and (3) Section 15321 (the ordinance addresses administrative procedures for City Manager duties). SECTION 3. Amendment. Section 2.33.070- Duties is amended to add subsection E to be read as follows: E. To make final determinations as it relates to the naming of park benches, trees and other items within the parks consistent with City policy regarding such determination. SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end the provisions of this ordinance are declared to be severable. SECTION 5. Publication. The City Clerk is directed to certify the adoption of this ordinance and publish in accordance with law. SECTION 6. Effective Date. This ordinance will be effective 30 days after adoption. PASSED, APPROVED AND ORDAINED this day of , 2023. APPROVED AS TO FORM: Rachel Richman, City Attorney Steven Ly, Mayor ATTEST: Ericka Hernandez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing Ordinance No. , was introduced at a regular meeting of the City Council of the City of Rosemead held on the day of , 2023 and was adopted by the City Council of the City of Rosemead at a regular meeting held the day of , 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Attachment B Updated Administrative Policy 50-08 SUBJECT: PURPOSE: CITY OF ROSEMEAD Administrative Policy Manual Policy Number: Date: 50-08 City Manager Approval: MEMORIAL BENCH, TREE AND GARDEN PROGRAM POLICY To establish guidelines for the establishment of a Memorial Bench, Tree and Garden Program Policy. The City of Rosemead supports allowing memorial benches, trees and gardens in parks and green space areas, with the mindset that these facilities have many uses and are enjoyed by the public. The program is reserved for memorial purposes only for individuals who resided in Rosemead at some time in their life, or who provided public service to the community of Rosemead. The purpose of this policy is to establish guidelines with respect to the memorial bench, tree and garden program. The policy will ensure that appropriate oversight is provided in preserving our City parks, to protect park resources, and enhance the park visitor experience. Responsibilities with the City for services provided by this program will be assigned as follows: 1. The Director of Parks and Recreation or his/her designee (Hereinafter referred to as Director) shall work with other Departments within the City such as the Public Works Department to ensure compliance with this policy. 2. The Parks Commission shall have the authority to accept or deny memorial bench or tree applications and ensures all guidelines are met. The Git Couneil will "'7°' all '^"' denialsof w firstyearand will revisit therefore after. DEDICATION GUIDELINES: 1. The policy establishes and limits eligibility for a memorial bench, tree and garden for individuals who resided in Rosemead at some time in their life, or who provided public service to the community of Rosemead. 2. The dedication of a bench, tree or garden will be acknowledged by an accompanying custom plaque. The plaque is symbolic of the dedication and does not entitle the donor to ownership of the particular donated item. 3. Memorials cannot have a commercial appearance or corporate label. The City of Rosemead will provide a plaque template and will have final approval of commemorative plaque, style, and wording. The donor will cover 100% cost of the bench/tree/garden and associated plaque. 4. The type and material of the bench, type and size of tree, and locations will be consistent with the City of Rosemead landscape plans, standards and policies. The donor, with the approval and guidance of the Director, will select the park and location for the memorial. Page 2 of 4 Memorial Bench, Tree and Garden Program Policy Policy 50-08 5. The dedication of a garden will only be given to existing garden spaces with in the City of Rosemead. Temporary Community Gardens are not eligible as dedication locations. 6. A ceremony or gathering at the time of dedication is permitted but must be arranged in advance with the City of Rosemead and must be done in accordance with City of Rosemead ordinances and policies. To ensure public use and safety; memorial wreaths, flowers and any other items placed for a private gathering or ceremony must be removed immediately following the dedication by the donor. PROCEDURES: 1. The potential donor will meet with the Parks and Recreation Department staff to share ideas and ask questions regarding the City's Memorial Application and Agreement Form. 2. The potential donor will submit a completed Memorial Application and Agreement Form to the Parks and Recreation Department. As part of the application process the donor will also submit the potential wording of plaque to the Parks and Recreation Department who will work with donor and internal staff to approve. 3. Department staff will work with the donor to get internal approval with appropriate staff on final park choice and location of the bench/tree. 4. The Director will review and determine the appropriateness of the proposal. 5. Department staff will notify the donor in writing of results of City evaluation of proposal identifying any final conditions of approval. 6. With a positive review decision, department staff will finalize the Memorial Application and Agreement Form between the City and donor and submit to the Director for final approval. 7. The Director's approval must be received before ordering and installing the memorial. 8. Once location is agreed upon, donor will submit payment in full to: City of Rosemead Parks and Recreation Department Memorial Program 8838 Valley Blvd. Rosemead, CA. 91770 9. The complete fee payment must be received before the materials are ordered or construction is initiated. LOCATION: 1. While the potential donor is free to suggest the proposed location, certain location requirements shall apply. The appropriate members of Parks and Recreation and Public Works Departments shall make the final precise determination of location. Page 3 of 4 Memorial Bench, Tree and Garden Program Policy Policy 50-08 2. Benches or trees under this program shall be located in accordance with the following criteria: a. The location does not interfere with any active park facility; b. The location does not interfere with any components or displays; c. Sufficient space is provided for the proposed bench or tree and accompanying plaque; d. The bench will meet the facility accessible design standards; e. The tree will meet the current City guidelines for tree species and size that has been recommended by the City arborist and approved by the City. This will ensure the tree has the best chance at a successful lifespan within our climate and meets the City's overall design guidelines; and f. The location is appropriate for a bench or tree installation. The following are possible locations within the City for memorial installations: a. Garvey Park b. Guess Park c. Klingerman Park d. Jess Gonzalez Sports Complex e. Rosemead Park f Rosemead Plaza g. Sally Tanner Park h. Zapopan Park INSTALLATION, MAINTENANCE AND OPERATIONS 1. Installation a. Once the bench or tree and plaque are received from the suppliers, the City will contact the donor. The timing of the installation will be determined by a variety of factors including the availability of City staff, weather, time of the year etc. b. The donor shall pay full cost for the purchase, supply, delivery, and installation of the bench or tree and plaque. The costs shall be established by the City, based upon the City's normal providers, and shall be updated from time to time. c. The complete fee payment must be received before the process is initiated. d. The City will oversee the installation. 2. Relocation of Benches/Trees a. When the useful life of the bench or tree has expired, a new bench or tree may be installed but the existing plaque will not be replaced. b. The City reserves the right to relocate a bench or tree. In the eventuality that such a move is necessary the City will attempt to contact the donor for consultation prior to relocation to discuss alternative locations. The City of Rosemead will make the final determination. Page 4 of 4 Memorial Bench, Tree and Garden Program Policy Policy 50-08 3. Maintenance a. The routine cleaning and general maintenance of the memorial bench, tree or garden and plaques are the responsibility of the City of Rosemead. If any benches, trees, gardens or plaques are damaged, the City will attempt to make minor repairs with City forces. If this cannot be done, the bench, tree, garden or plaque will be removed and not replaced. b. There is a ten-year (10) guarantee of bench maintenance and replacement. The furniture will be kept in place as long as it is serviceable beyond the 10 year period. When a bench is no longer serviceable, applicants will be advised and given the opportunity to purchase a new bench under the terms and conditions then in effect. c. There is a ten-year (10) guarantee of plaque maintenance and replacement. The plaque will be kept in place as long as it is serviceable beyond the 10 year period. When a plaque is no longer serviceable, applicants will be advised and given the opportunity to purchase a new plaque under the terms and conditions then in effect. d. The City will not be responsible for acts of nature, survivability of trees, damage or vandalism to benches or trees. At the City's sole and absolute discretion, the City may replace memorial trees and make repairs or replacement of memorial benches.