Legislation Details

File #: HIST-10602    Version: 1 Subject:
Type: Historical Status: Joint Consent
In control: City Council Meeting Agenda
On agenda: 2/17/2009 Final action: 2/17/2009
Title: JOINT ITEM: 1) Consideration of a Fee Waiver Request by the Culver City Chamber of Commerce for the “Business E Waste Roundup” Event; 2) Designation of the Business E Waste Roundup as a City-Sponsored or Redevelopment Agency- Sponsored Event; and 3) Determination of the Level of Redevelopment Agency Support for the Event.
Attachments: 1. JOINT ITEM: 1) Consideration of a Fee Waiver Reque - J-1__09-02-17 SR 2nd Chamber E Waste Roundup - FINAL.doc, 2. JOINT ITEM: 1) Consideration of a Fee Waiver Reque - Consideration of Fee Waiver for the Business E Waste Roundup.pdf
City of Culver City, California Redevelopment Agency Agenda Item Report RECOMMENDATION: Staff recommends the City Council (“Council”): 1. Consider a fee waiver request made by the Culver City Chamber of Commerce (“Chamber”) for the “Business E Waste Roundup” event; and, 2. Designate the Culver City Chamber of Commerce (“Chamber”) “Business E Waste Roundup” as a City-Sponsored event. Staff recommends the Redevelopment Agency (“Agency”): 1. Determine what level of support, if any, it wishes to provide to the Chamber in the form of reimbursement to the City of its costs associated with the Business E Waste Roundup; and, 2. Consider a fee waiver request for Agency costs; and, 3. Designate the Business E Waste Roundup as an Agency-Sponsored event. BACKGROUND: The Chamber plans to present its second “Business E Waste Roundup” event on April 24 and 25, 2009 from 8:00 a.m. to 3:00 p.m. on both days. The first roundup event occurred on October 29, 2008 from 8:00 a.m. to Noon at the former Meeting Date: 02/17/09 Item Number: J-1 AGENDA ITEM: JOINT ITEM: 1) Consideration of a Fee Waiver Request by the Culver City Chamber of Commerce for the “Business E Waste Roundup” Event; 2) Designation of the Business E Waste Roundup as a City-Sponsored or Redevelopment Agency- Sponsored Event; and 3) Determination of the Level of Redevelopment Agency Support for the Event. Contact Person/Dept.: Jeremy Green /Community Development Phone Number: (310) 253-5764 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [] Action Item: [X] Attachments: [X] Public Notification: Downtown Business Association (02/03/09); Chamber of Commerce (01/21/09); Master Notification List (02/03/09). Department Approval: Sol Blumenfeld (02/03/09) City Attorney Approval: Carol Schwab (by H. Baker) (02/11/09) Chief Financial Officer Approval: Jeff Muir (by M. Noller) (02/11/09) City Manager Approval: Jerry B. Fulwood (02/11/09) City of Culver City, California Redevelopment Agency Agenda Item Report Albertson Chevrolet site, 4114 Sepulveda Boulevard, southern parking lot. California Recycles was engaged for the original event, which is the same company that the Culver City Sanitation Division uses for their E Waste events. California Recycles expected to take away 3 pallets of waste. Upon completion of the event, 15 pallets of waste had been collected. In the future, the Chamber of Commerce plans to regularly hold two E Waste Recycling events per year, one in April and one in October. For the April event, ARC Recycling has been engaged to collect and handle the waste. The event will occur, once again, at 4114 Sepulveda Boulevard. The Chamber of Commerce events targets Culver City businesses, a different target group from the Sanitation events. The Chamber will reach out to businesses through their e-newsletter and through additional advertising. To ensure outreach to the entire Culver City business community, the Chamber requests that the City or Agency sponsor the Business E Waste Roundup, provide additional outreach assistance, and allow the placement of banners in the three designated right-of- way locations for this event. DISCUSSION: In the past, a number of events have been sponsored by the Agency or the City: Taste of the Nation, George Barris’ Cruisin' Back to Culver City Car Show, and the Chamber of Commerce Business Expo. The Agency and City participated in these events financially due to their positive economic impact. The Agency and City sponsored the first Chamber of Commerce Business E Waste Roundup in October, 2008. The Business E Waste Roundup not only provides a positive economic impact but also an environmental impact, assisting businesses in recycling efforts that will maintain Culver City as a healthy municipality for commerce and business. Banner Request: The Chamber requests that Council allow the organization to post banners in the public right-of-way to advertise the Business E Waste Roundup event. Section 17.330.040 of the Culver City Municipal Code (CCMC), relating to Signs in the Public Right-of-Way, provides for certain exceptions to posting signs in the public right-of-way (which is generally prohibited). One such exception is for signs relating to the “promotion of civic events and activities” where those events and activities are “organized or sponsored by the City or Redevelopment Agency.” (CCMC Section 17.330.040.B.7.a) To be “Sponsored” by the City or Redevelopment Agency, an event must comply with CCMC Section 17.330.040.B.7.b.ii. confirming that the following criteria have City of Culver City, California Redevelopment Agency Agenda Item Report been met: The City and/or Redevelopment Agency is (a) participating in an official capacity in the planning, preparation or promotion of the event or activity; and (b) contributing 25% of the total estimated costs of the civic event or activity, or at least $1,000, whichever is less. This contribution may take the form of funds, labor, staff time, materials, a waiver of fees, or any combination of the foregoing. The CCMC clearly requires both (a) AND (b) to be met. In addition, the use of City staff resources, equipment, etc., for an event does not in and of itself constitute participation in the event by the City in an “official capacity” in the planning, preparation or promotion of the event. Further, in accordance with the recently adopted City Council Policy No. 2008-01, regarding Community Organizations, in addition to meeting the above-referenced criteria, in order for an event to be considered City-sponsored and/or Redevelopment Agency-sponsored, the City Council and/or Redevelopment Agency, must determine, by specific action, that the above criteria have been met (Attachment 1.) In summary, in order to be eligible for a banner, the City and/or the Redevelopment Agency would need to take both of the following actions: (1) determine that the Business E Waste Roundup is a City- or Agency- sponsored event AND (2) determine to support the event in an amount no less than $1,000, which may take the form of a fee waiver. The Chamber requests that the Council designate the Business E Waste Roundup a City-sponsored and/or Agency-sponsored event, based upon the above criteria as contained in the CCMC and the Policy. Last year both the Agency and the Council approved the fee waiver request for $1,067, with the Agency reimbursing the City for the full amount. After determining that the criteria of the City Council Policy statement 2008-01 had been met, the Business E Waste Roundup was designated as both a City- and Agency- sponsored event. (Attachment 2.) Incorporation of Proposal in Memorandum of Understanding with the Chamber Because of the relative close proximity of this event, this item has been brought separately for consideration by the City Council at this time. Should the City Council approve this item, it would be included as part of an overall Memorandum of Understanding to be negotiated between the City and the Chamber pursuant to City Council Policy 2008-01 (Community Organizations), which MOU will be brought to Council for consideration within the next two months. FISCAL ANALYSIS: City of Culver City, California Redevelopment Agency Agenda Item Report Staff has compiled costs associated with the Business E Waste Roundup, which are estimated to be approximately $1,300. The Chamber of Commerce has requested a fee waiver for this amount. It will take one staff member approximately 10 hours to complete the tasks. This equates to costs of approximately $550 (assuming the average fully burdened hourly rate of $55 for a Management Analyst.) In addition to Agency staff costs, the costs for Public Works would be $464 for banner installation costs and a banner Planning Division fee waiver of $79.04 for each banner location, totaling approximately $237. The costs are calculated as follows: Staff time (10 hours) (Agency) $ 550.00 Banner fee costs (City) $ 237.00 Banner Installation Costs (City) $ 464.00 Total City and Agency Costs $1,251.00 ATTACHMENTS: 1. City Council Policy Statement 2008-01. 2. Excerpt from City Council Minutes on October 6, 2008, designating the first Chamber Business E Waste Roundup as a City-Sponsored Event. MOTION: That the City Council: 1.A. Approve the fee waiver request made by the Chamber of Commerce for the “Business E Waste Roundup” and determine the amount t be $- ; OR 1.B. Deny the fee waiver request made by the Chamber of Commerce for the e “Business E Waste Roundup.” AND 2.A. Determine the criteria of the City Council Policy Statement 2008-01 have been met, designate the “Business E Waste Roundup” as a City- sponsored event and allow the banners to be posted in the Public right- of-way; OR City of Culver City, California Redevelopment Agency Agenda Item Report 2.B. Determine that the “Business E Waste Roundup” is not a City-sponsored event. That the Redevelopment Agency: 1.A. Approve the Agency fee waiver request made by the Chamber of Commerce for the “Business E Waste Roundup” and determine the level of support, if any, it wishes to provide to the Round-up in the form of a reimbursement to the City of its costs associated with the event to be $ ________; OR 1.B. Deny the fee waiver request made by the Chamber of Commerce for the Business E Waste Roundup. Determine what level of support, if any, it wishes to provide to the Roundup in the form of a reimbursement to the City of its costs associated with the event. AND 2.A. Determine the criteria of the City Council Policy Statement 2008-01 have been met, designate the “Business E Waste Roundup” as an Agency- sponsored event and allow the banners to be posted in the Public right- of-way; OR 2.B. Determine that the Business E Waste Roundup is not an Agency- sponsored event. MEETING DATE: February 17, 2008 1) Consideration of a Fee Waiver Request by the Culver City Chamber of Commerce for the "Business E Waste Roundup" Event; 2) Designation of the Business E Waste Roundup as a City-Sponsored or Redevelopment Agency- Sponsored Event; and 3) Determination of the Level of Redevelopment Agency Support for the Event. AGENDA ITEM: ATTACHMENTS Pages 1. City Council Policy Statement 2008-01. 1-7 2. Excerpt from City Council Minutes on 8 October 6, 2008, designating the first Chamber Business E Waste Roundup as a City-Sponsored Event.ATTACHMENT 1|1010| RESOLUTION NO. 2008-R 2|1010| A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, ADOPTING CITY|1010| COUNCIL POLICY STATEMENT NO. 2008-01 RELATED TO COMMUNITY ORGANIZATIONS.|101010| WHEREAS, on February 19, 2008 at a duly noticed public meeting of the City|1010|8 Council, the City Council discussed a proposed policy related to Culver City Community 9 Organizations; and 10 WHEREAS, the proposed policy establishes objective criteria to assist in 11 determining (1) whether a Community Organization or Community Event is considered 12 "City Sponsored" for determination of rental rates at the Veterans Memorial Complex 13 and/or other purposes; and (2) which Community Organizations and/or Community Events 14 are eligible to place a banner on the City's banner poles; and 15 16 WHEREAS, the proposed policy further establishes a process for formalizing 17 a relationship between the City and a particular Community Organization through a 18 Memorandum of Understanding, or similar written agreement, to address the respective 19 duties and responsibilities of the City and the Community Organization, which formalized 20 relationship benefits the City, the Community Organization, the members of the Community 21 Organization and the community at large. 22 23 NOW, THEREFORE, the City Council of the City of Culver City, California, 24 DOES RESOLVE as follows: 25 1 The City Council hereby adopts City Council Policy Statement No. 26 LL1L-1(-,- entitled "Community Organizations," which City Council Policy Statement is 27 attached hereto as Exhibit 'A" to this resolution and incorporated herein by this reference. 28 -1- 2008-R011 1 30ALAN CORLIN, MAYOR City of Culver City, California|101010101010|interested parties, which include, but are not limited to Culver City Community|1010|8 Organizations and City Staff. 4. City Council Policy Statement No. 2008- 01 shall be effective on|10 10|10 the first day after the expiration of a specifiC-Community Organization's existing rental 11 agreement with the City, or January 1, 2009, whichever date occurs first. 12 5. In the event there is a conflict between City Council Policy Statement 13 2008-01 and any other City policies, City Council Policy Statement No. 2003- 01 14 shall control. 15 6_ 16 The City Manager is hereby directed to prepare any proposed 17 amendments to City Council Policy Statements to resolve said conflicts, if any, and to 18 present those proposed amendments to the City Council as needed for consideration. 19 APPROVED and ADOPTED this 19 th day of February, 2008. 20 21 22 23 24 ATTEST: APPROVED AS TO FORM: 1----)ki-777)./) A 25 26 iIA9k7,(A`z 27 CHRI OPHSR ARMENTA, City Clerk OL A. C AB, City Attorney 28 -2- 2008-Roll 2 2. The City Manager is hereby authorized to format this policy statement in a format consistent with other City Council Policy Statements and shall include the final version of this City Council Policy Statement with other adopted City Council Policy Statements_ 3. The City Manager shall distribute this City Council Policy Statement to 30City Council Policy Statement No. 2008.;01 Subject Matter: Community Organizations Adopted by Resolution No. 2008-Ron. PURPOSE The purpose of this policy is to provide objective criteria for application in determining the status of a Community Organization with respect to three areas: • City Sponsorship • Eligibility for use of the City's Banner Poles • the Official Relationship between the City and the Community Organization This Policy shall apply to all Community Organizations that are provided financial support by the City and/or the Redevelopment Agency. Additionally, this Policy shall provide additional clarification when determining if a Community Organization qualifies as "City Sponsored" for purposes of determining applicability of rental rates at the Veterans Memorial Complex and other City facilities and other purposes. GENERAL DEFINITION OF CITY SPONSORED AND CIVIC EVENT OR ACTIVITY "Sponsored" means that the City and/or Redevelopment Agency is (a) participating in an official capacity in the planning, preparation or promotion of the Civic event or activity; and (b) contributing 25% of the total estimated costs of the civic event or activity, or at least $1,000, whichever is less. This contribution may take the form of funds, labor, staff time, materials, a waiver of fees, or any combination of the foregoing. (this definition is taken from Culver City Municipal Code Section 17.330.040.B.7.b.ii) "Civic event or activity" means any event or activity organized or sponsored by the City or Redevelopment Agency including, but not limited to, (a) any public program or educational activity; and (b) the commemoration or celebration of any historical date, event or person, holiday or persons or events of local, state or national significance. ( this definition is taken from Culver City Municipal Code Section 17.330.040.B.7. b. i) COMMUNITY ORGNAIZATION CATEGORIES Category 1: Official City Committees To be eligible for this category, the Community Organization must meet the following criteria: Page 1 of 5 Exhibit "A" to Resolution No. 2008-R Oa(1) All members of the Community Organization are either appointed (a) directly by the City Council or (b) by any City Council/Agency created body upon direction of the City Council; OR (2) The Community Organization's members are approved and/or ratified by the City Council/Agency. For clarification, the City Council, Redevelopment Agency, and City Staff (in the conduct of Official City Business) are also included in Category 1. Summary Table City and/or Banner ? Lease/MOU Agency Needed? Sponsored? Yes I Yes Category 2: Cooperative Community Groups This category includes Community Organizations that meet all of the following criteria: Members are not appointed by the City Council or a City Council created body The Community Organization works closely with the City Council/Staff to organize civic events and/or activities organized or sponsored by the City or Redevelopment Agency (as those terms are defined in Section 17.330.040.B.7.b of the Municipal Code — Attachment 2) Directly receives or provides City or Agency funds (as opposed to a waiver of fees) approved by the City Council; The Community Group is a legally recognizable group (for example, a corporation, a 501(c)(3) organization, etc.) The Community Group has negotiated and executed a Memorandum of Understanding (MOU)* with the City. Summary Table City and/or Banner? Lease/MOU Agency Needed? Sponsored? No Maybe** Yes *The terms Lease/MOU refer to any written agreement approved by both the City/Agency and the Organization. **Subject to the terms of the MOU and compliance with CCMC Section 17.330.040. Page 2 of 5 Exhibit "A' to Resolution No 2008-R °II- 4Category 3: City Sponsored Events This category is for events which are produced by City Organizations that are not Official City Committees (Category 1) or Cooperative Community Groups (Category 2). To be considered a City Sponsored Event, the event must: (1) be a civic event or activity organized or sponsored by the City or Redevelopment Agency (CCMC Section 17.330.040.117.a); and (2) To determine whether the civic event or activity is "sponsored" by the City or Redevelopment Agency, the following criteria must be met: The City and/or Redevelopment Agency is (a) participating in an official capacity in the planning, preparation, or promotion of the event or activity; and (b) contributes 25% of the total estimated cost of the event or activity or at least $1,000, whichever is less. (Note: this contribution may take the form if funds, labor, staff time, materials, a waiver of fees, or any combination of the foregoing); and, (3) By specific action, the City Council has determined that the above criteria have been met Summary Table City and/or Banner ? Lease/MOU Agency Needed? Sponsored? Yes Yes No* Category 4: City Facility Lessees These are Community Organizations which are parties to a lease agreement with the City and/or the Redevelopment Agency. The lease agreement is subject to the legal review and approval of the City Attorney's Office and approval by the City Council. The lease agreements embody the responsibilities of both the City/Agency and the lessee (Community Organization). Additionally, leases can only be executed between the City/Agency and a legally recognizable group. Summary Table City and/or Agency Sponsored? Banner ? Lease/MOU Needed? No No Yes Page 3 of 5 Exhibit "A" to Resolution Na 2008-R 01 5Category 5: Volunteer Organizations and Individuals No specific privileges are granted to volunteer organizations or individuals, in general_ However, Volunteer Organizations may request the City Council enter into a MOU or similar agreement which would require the City Council's approval (so long as the Volunteer Organization is a Legally Recognized Entity)_ Summary Table City and/or Banner ? Lease/MOU Agency Needed? Sponsored? No Maybe Category 6: Other Organizations This category captures those Community Organizations which do not qualify for the other 5 categories. Community Organizations which petition the City for benefits are required to enter into either a lease agreement (in which case they would qualify for Category 4) or enter into an MOU with the City. Additionally, the number of Organizations which qualify for Category 6 should be small in number. Summary Table City and/or Banner ? Lease/MOU Agency Needed? Sponsored? No No Maybe LEGALLY RECOGNIZED STATUS Community Organizations who wish to receive support from the City shall be organized in a legally recognizable way. Following are several examples of a legally recognized entity: • Corporation • Partnership (including limited partnership) • Charitable Organization 501(c)(3) or equivalent • Sole Proprietorship The City Attorney's Office may determine other legally recognizable entities which would be eligible to enter into agreements with the City. Page 4 of 5 Exhibit "A' to Resolution No. 2008-RG011 6FISCAL REPORTING Because of the importance of carefully monitoring of the use of the public's money, staff is directed to include in all MOUs with Community Organizations a requirement to report at least semi-annually to the City Council on the financial activities of the Organization. This provides the Organization with an opportunity to inform the City Council of its activities over the last six-month period and provides the City Council with an opportunity to ask questions of • the Organization. IMPLEMENTATION DATE This policy shall become effective: The first day after the expiration of a specific Community Organization's existing rental agreement with the City, or January 1, 2009, whichever date occurs first. Page 5 of 5 Exhibit "A" to Resofution No. 2008-R Oil 7ATTACHMENT 2 Excerpt from ADJOURNED REGULAR MEETING OF THE CITY COUNCIL, CITY OF CULVER CITY, CALIFORNIA Joint Items October 6, 2008 Item J-1 1) Consideration of a Fee Waiver Request by the Culver City Chamber of Commerce for the "Business E-Waste Roundup" Event; 2) Designation of the Business E-Waste Roundup as a City-Sponsored or Redevelopment Agency-Sponsored Event; and 3) Determination of the Level of Redevelopment Agency Support for the Event Staff presented a summary of the material of record. Councilmember O'Leary commented on the duplication of paper used for joint items and asked that the issue be addressed. Mayor Malsin moved to adopt the staff recommendation. Councilmember O'Leary seconded the motion and the discussion continued. Councilmember Armenta received clarification that there were no charges to businesses, and residents were welcome to drop off materials as well. Councilmember Silbiger questioned whether the Chamber of Commerce would receive any money. Steven Rose, Culver City Chamber of Commerce, clarified that the Chamber was spending money on the banners and to advertise the event, with a request for waiver of the permit fee to hang the banners and for the 10 hours of staff time for installation. Following discussion, the following motion was made: MOVED BY MAYOR MALSIN, SECONDED BY COUNCILMEMBER O'LEARY, AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1.A. APPROVE THE FEE WAIVER REQUEST MADE BY THE CHAMBER OF COMMERCE FOR THE "BUSINESS E-WASTE ROUNDUP" AND DETERMINE THE AMOUNT TO BE $1,067.00; AND 2.A. DETERMINE THE CRITERIA OF THE CITY COUNCIL POLICY STATEMENT 2008-01 HAVE BEEN MET AND DESIGNATE THE "BUSINESS E-WASTE ROUNDUP" AS A CITY-SPONSORED EVENT.|1013|