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CC - Agenda 05-08-07Public Comment from the Audience: • If you wish to address the City Council, please complete a Speaker Request Card, as it must be handed to the City Clerk before the start of the meeting. • The City Council will hear public comments on matters not listed on the agenda during the Public Comments from the Audience period. • Opportunity to address the City Council (on non-agenda items) is limited to 3 minutes per speaker. • The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. Brown Act: Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting. Americans with Disabilities Act: In compliance with the ADA, if you need special assistance to participate in this meeting, please contact the City Clerk's office at least 48 hours prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to the meeting or service. Persons attending the meeting shall observe rules of propriety, decorum, good conduct, and refrain from impertinent or slanderous remarks. Violation of this rule shall result in such persons being barred from further audience before the goveming body. This agenda was posted 72 hours in advance of the meeting at the City Hall, 8838 E. Valley Boulevard, Rosemead; the L.A. County Library, Rosemead Branch, 8800 E. Valley Boulevard, Rosemead; and other locations pursuant to RMC Sec. 1.08.020 Rosemead City Council AGENDA May 8, 2007 8:00 PM City Hall Council Chambers 8838 E. Valley Boulevard, Rosemead, California 91770 John Tran, Mayor John Nunez, Mayor Pro Tem Margaret Clark, Councilmember Polly Low, Councilmember Gary Taylor, Councilmember ROSEMEAD CITY COUNCIL A DA • May 8, 2007 • CALL TO ORDER-8:00 PM • PLEDGE OF ALLEGIANCE - Councilmember Taylor • INVOCATION - Councilmember Low • ROLL CALL - Councilmembers Clark, Low, Taylor, Mayor Pro Tern Nunez, Mayor Tran 1. PRESENTATIONS A. Introduction of Rosemead Team Sergeant - Tri Hoang 2. PUBLIC COMMENT FROM THE AUDIENCE 3. PUBLIC HEARINGS A. Public Hearing Regarding Adoption of the Proposed CDBG and HOME Action Plan for Fiscal Year 2007.08 The City of Rosemead is a federal entitlement grant recipient of Community Development Block Grant (CDBG) and HOME funds from the U.S. Department of Housing and Urban Development (HUD). Per HUD, the City is required to prepare an Annual Action Plan to describe the projects and programs that would be undertaken in a particular funding year. In addition, the City is required to hold two public hearings regarding the proposed funding plans prior to the adoption of its Annual Action Plan that specifies the uses of the funds. This is the second Public Hearing. The proposed budget for FY 2007-08 is $1,964,378 for CDBG and $3,359,558 for HOME funds. Recommendation: That the City Council take the following actions regarding the funding plans of FY 2007-08 CDBG and HOME funds: 1. Conduct a public hearing and receive public comments; 2. Award the following public service agencies with CDBG funds: • Family Counseling Services for $40,000, • People for People for $27,600, • Rosemead High School for $13,650, and • Rosemead School District for $11,698; 3. Adopt the proposed Action Plan for Fiscal Year 2007-08, and direct staff to submit the Plan to HUD by May 17, 2007; and 4. Authorize the Mayor to execute all appropriate and necessary documents to receive funding and implement approved uses. B. Single-Family Residential Design Guidelines On April 10, 2007, Planning Department staff presented proposed single-family residential design guidelines and municipal code text amendments to the City Council for adoption during the required public hearing. Due to several requests made for additional design Page 2 of 8 ROSEMEAD CITY COUNCIL ARtJDA May 8, 2007 issues to consider, by both the public and members of the City Council, the public hearing item was continued for 30 days. Planning Department staff has carefully reviewed and considered each of the comments received, regarding the proposed single-family residential design guidelines and municipal code text amendments. Revisions have been made to both the guidelines and ordinance where staff determined appropriate. This report has been prepared to review the revisions and address each of the issues that were raised at the City Council during the public hearing. Recommendation: That the City Council take the following action: 1. Adopt Ordinance 851 -Amending subsections 17.12, 17.16, 17.20, and 17.112 of the Rosemead municipal code relating to single-family residential design standards. 2. Adopt the proposed Single-Family Residential Design Guidelines. 3. Adopt a negative declaration finding that the project will not have a significant adverse effect on the environment. 4. CONSENT CALENDAR A. Resolution No. 2007.15 Claims and Demands Recommendation: Adopt Resolution No. 2007-15, for payment of City expenditures in the amount of $1,900,867.22 demands 56965 through 57146. B. City Attorney Contract Agreement On April 3, 2007, the City Council hired Bonifacio "Bonny" Garcia of Garcia, Calderon, and Ruiz (GCR) to serve as Rosemead's City Attorney. Included with that action was direction that staff negotiate a retainer agreement with the law firm to serve in the capacity of legal council for the City. Based on that direction, staff has received a revised contract agreement from GCR to perform legal counsel services for Rosemead which includes retainer based compensation plan. Under the proposed contract, the City would compensate GCR with a monthly retainer of $10,000 for the attendance of an attorney at two regular City Council meetings per month, the attendance of an attorney at two regular Planning Commission meetings per month, and six hours a week of attorney office hours. In addition, for any basic legal services not included in the monthly retainer, GCR would be compensated, including travel time, at the hourly rate of $210/hour for partners and associates, $150/hour for law clerks, and $125/hour for paralegals. Recommendation: That the City Council approve the propose agreement for City Attorney services with GCR. Page 3 of 8 ROSEMEAD CITY COUNCIL A DA • May 8, 2007 C. Review and Approval of Contract with Rosemead Housing Development Corporation for Implementation of Certain Home Funded Programs The City is required to commit its HOME funds for particular affordable housing activities within 24 months after HUD's appropriation of the entitlement allocation. To comply with this requirement, staff recommends that the City commit $2,281,175 of HOME funds by contracting with the Rosemead Housing Development Corporation (RHDC) to administer certain HOME funded programs. Recommendation: That the City Council take the following actions: 1. Approve a contract with the Rosemead Housing Development Corporation for the implementation of: • Residential Rehabilitation Program - $200,000 • Mortgage Assistance Program - $150,000 • Garvey Housing Revitalization Project - $1,959,456 and • Tenant-Based Rental Assistance (TBRA) Program - $511,719 and 2. Authorize the Mayor to execute the contract on behalf of the City. D. Award of Contract for Lead-Based Paint and Asbestos Testing and Risk Assessment Services The City is required to conduct lead-based paint and asbestos testing, assessment and clearances as required by the U.S. Department of Housing and Urban Development (HUD) and the State of California on properties participating in the City's Residential Rehabilitation and Mortgage Assistance Programs. The new contract period is for a maximum of three years, beginning July 1, 2007. The current contract for these services will expire on June 30, 2007. Recommendation: That the City Council take the following actions: 1. Accept and award the proposal from Barr & Clark, Inc.; 2. Approve the proposed contract with Barr & Clark; and 3. Authorize the Mayor to execute the contract on behalf of the City. E. Award of Contract for Senior Nutrition Meals Provider Over the past three (3) years, the City has contracted with Morrison Management Specialists, Inc. (MMS) to provide meals for the Senior Nutrition Program. As part of its procurement requirements under the Community Development Block Grant (CDBG) program, the City went out for proposals from organizations to provide meal services to the City. The City received only one (1) proposal. That proposal was from MMS. MMS is proposing to provide meals at a fixed price of $2.85 per meal for FY 2007-2008 and in subsequent years for an increase set by the percentage increase in the Consumer Price Index (CPI), not to exceed 4% per year. Page 4 of 8 ROSEMEAD CITY COUNCIL ADA 0 May 8, 2007 Recommendation: That the City Council take the following actions: 1. Accept and award the proposal from Morrison Management Specialists, Inc.; 2. Approve the proposed contract with Morrison Management Specialists, Inc.; and 3. Authorize the Mayor to execute the contract on behalf of the City, iDC Financial Reporting System Upgrade The City has stretched the life of its current financial reporting system with iDC for as long as possible. The current system is archaic, difficult to use, and provides very limited functionality. The upgrade of the existing system to iDC's 4gov version will properly support the reporting needs of the City. Currently, the City pays $1,500 per month to iDC for existing system maintenance and technology support. In opting for the hosted model solution, the 4gov upgrade is available to the City for a monthly subscription fee of $3,000, which includes full maintenance, support, and software upgrades. The City would pay a one-time fee of $15,000 for the week of training and the print manager. A 36 month subscription is required. (The $15,000 fee would be an advance payment of the $1,500 per month for 10 months for the subscription. The City would continue paying $1,500 per month for maintenance and support.) As only the print manager would reside at City Hall, there is no need for application server maintenance and support from information technology staff. Recommendation: That the City Council authorize the Mayor to enter into an application service agreement with iDC for the upgrade to the 4gov version for the financial reporting system utilizing the hosted model solution. G. Approval of Contract with Mayer Hoffman McCann, P.C. for Fiscal Year 2007 The California Government Code requires that an independent audit of the City of Rosemead's records, books, and inventories be conducted and a report issued thereon. The services provided by the independent auditor are to support the City's reporting function as well as to provide ongoing technical support when necessary. The current contract with McGladrey & Pullen ended after audit services for fiscal year ending June 30, 2006 were completed. The City spent $89,100 for audit services performed by McGladrey & Pullen for fiscal year 2006. On April 24, 2007 the City Council authorized the City Manager to seek proposals to contract with a new public accounting firm to perform the annual audits of the financial statements of the City of Rosemead, the Rosemead Community Development Commission, and the Rosemead Housing Development Corporation. In addition, the accounting firm will also perform the audit to satisfy the requirement imposed by the Single Audit Act and the U.S. Office of Management and Budget (OMB Circular A-133). City staff requested proposals from five well established, full service independent accounting firms with municipality specialization including McGladrey & Pullen. Page 5 of 8 ROSEMEAD CITY COUNCIL A DA • Mav 8.2007 Each firm was evaluated based on the competitive selection process, in which the evaluation of proposals was not limited to price alone. Audit service proposal pricing ranged from $44,610 to $73,300, with only $390 separating the two lowest bids. Each firm demonstrated strong technical experience auditing similar entities, performing the types of work outlined, and the ability to provide ongoing technical support when necessary. However, a critical factor in the overall rating was the firms' commitment to the internal control review process and ongoing consultative support. The proposal of $45,000 from Mayer Hoffman McCann, not only addressed their reporting of internal control matters of significant deficiency or material weakness by letter to the City Council, but also included the preparation of a letter to City management with other recommendations from their review of internal control procedures. City staff views this benefit as significant due to numerous staff and operational changes throughout the City which may have a direct impact on internal controls. The proposal also included a provision for additional client training at their annual client training conference. Further, the proposal reiterated that the firm's policy is to provide unlimited telephone consultations to their municipal clients regarding accounting and other technical matters. The selection of Mayer Hoffman McCann will result in a $28,300 cost savings in audit service fees. Recommendation: That the City Council authorize the Mayor to execute a contract with the public accounting firm of Mayer Hoffman McCann, P.C. to perform the annual audits of the financial statements of the City of Rosemead, the Rosemead Community Development Commission, and the Rosemead Housing Development Corporation for the amount of $45,000. City of Rosemead Ordinance No. 853 - Compliance with Senate Bill 53 (SB 53) In 2006, the Governor signed Senate Bill 53 (SB 53) into law. This new measure requires every city and county with a redevelopment agency to adopt an ordinance by July 31, 2007 that describes all programs "to acquire real property by eminent domain." By approving Ordinance No. 853, the City would come into compliance with SB 53. The proposed ordinance merely restates what is in the Redevelopment Plans for Project Area No. 1 and Project Area No. 2. In addition, the Ordinance reiterates existing law, including that the Commission's authority to use eminent domain has expired in Project Area No. 1 and is scheduled to expire on June 27, 2012 in Project Area No. 2, unless the time limitations are extended by amendment to the Redevelopment Plans or as authorized by state law. Recommendation: That the City Council waive further reading and introduce Ordinance No. 853. Accessibility & Technology Reimbursement Policy Under the current practice, Council Members are eligible to have the City pay their cell phone provider up to $80 per month for service. Periodically, staff is also reimbursed for cell phone expenses incurred. However, these practices are not currently being carried out based on any specific policy, a situation which has made it difficult to determine exactly Page 6 of 8 ROSEMEAD CITY COUNCIL AGENDA • May 8, 2007 what constitutes a reimbursable expense. Further, not all members of the City Council and management team are accessible via cell phone. Given the nature of the responsibility placed on those filling these positions, it is important for these individuals to be accessible 24-hours a day. To address this situation, it is proposed that the City Council adopt Administrative Policy 20-03 relating to accessibility and technology reimbursement. Under the provisions of this policy, members of the City Council, the City Manger, Department Heads, and Division Managers would be eligible for annual one-time reimbursement of no more that $300 for the purchase of eligible electronic devices. In addition, participants would also be able to receive a reimbursement of up to $150 per month to pay for on-going cost such as wireless data plan. Recommendation: That the City Council approve Administrative Policy 20-03. J. Rosemead Youth Association Funding Request The Rosemead Youth Association (RYA) is a local youth sports league founded in 1952 to provide a venue for kids to play baseball and softball. On April 24, 2007, representatives from the RYA requested that the City Council assist their organization financially for the 2007-2008.season by contributing $15,000 to help cover operating expenses. In addition, the RYA previously had formalized their funding request by submitting a proposal to the City in writing. To assist the City Council in their consideration of this funding request, staff has also requested that RYA make available financial information for review. Unfortunately, it appears that RYA does not have any historical data on hand, however, the organization has been very cooperative in providing to the City their current year operating budget, including expense report information for the current fiscal year. Furthermore, the RYA has committed to providing the City Council with a financial update at the end of their season. Recommendation: That the City Council approve the funding request from the RYA by appropriating $15,000 from unallocated General Fund reserves. K. City Council Meeting Time Change - Second Reading Recently, members of the City Council have requested that the meeting time for both Community Development Commission and City Council meetings be altered. It has been proposed that Community Development Commission meetings begin at 6:00 p.m. and that City Council meetings begin at 7:00 p.m. Recommendation: That the City Council approve Ordinance No. 852 on second reading, changing the start time for Community Development Commission meetings to 6:00 p.m. and the start time for City Council meetings to 7:00 p.m. 5. MATTERS FROM MAYOR & CITY COUNCIL Page 7of8 ROSEMEAD CITY COUNCIL ADA • May 8, 2007 6. MATTERS FROM CITY MANAGER & STAFF A. Casa Latina Business License Conditions - Status Update On September 12, 2006, the City Council granted approval of a Dance & Entertainment License for the Casa Latina Restaurant business. As a condition of that approval, the City Council also requested that this item be brought back for Council review after a six-month period to report staff observations of compliance with City codes and conditions of approval of their permits and licenses. Recommendation: That the City Council take the following action: 1. Grant Casa Latina a "last chance" ninety (90) day extension of the Dance & Entertainment License contingent upon conditions of approval being adhered to. 2. Direct staff to monitor and periodically inspect Casa Latina during the ninety (90) day extension. 3. Direct staff to bring back for City Council review a report detailing staff observations of compliance with the conditions of approval for the Dance & Entertainment License in ninety (90) days. B. Strategic Planning Presentation C. Garvey Bridge - Status Update D. Closed Session The City Council will recess to a closed session pursuant to Government Code Section 54957.6. Labor Negotiations 7. ADJOURNMENT The regularly scheduled meeting set to take place on May 22, 2007 has been canceled due to a lack of quorum while members of the Council attend the International Counsel of Shopping Centers Conference. The next City Council Special Meeting will take place on May 29, 2007 at 7:00 pm. Page 8 of 8