CITY OF ALHAMBRA AGENDA ALHAMBRA CITY COUNCIL OCTOBER 8, 2012

MISSION STATEMENT The City of Alhambra is dedicated to responsive, creative leadership and quality services, ensuring desirable neighborhoods and a supportive business environment, while being sensitive to the diversity of our community.

VISION STATEMENT The City of Alhambra shall be the premier family-oriented and economically prosperous community in the San Gabriel Valley.

Addressing the Council: Section 2.04.210 of the Alhambra Municipal Code establishes the procedures for addressing the Council. Any person wishing to address the Council during the meeting must complete a Speaker Request Card and submit it to the City Clerk. When called upon by the Mayor, please step to the podium and give your name, address and organization or other party you represent, if any, in an audible tone of voice for the record. Remarks are limited to 5 minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Mayor. No question shall be asked a Councilperson except through the Mayor. Standards of Decorum: Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the Council shall be forthwith, by the Mayor, barred from the meeting. Enforcement of Decorum: The Chief of Police, or his designee, shall be Sergeant-at-Arms of the Council meetings. The Sergeant-at-Arms shall carry out all orders and instructions given by the Mayor for the purpose of maintaining order and decorum at the Council meeting. Persons Authorized to be Within Rail: No person, except City officials, their representatives, and newspaper reporters, shall be permitted within the rail in front of the Council Chamber without the express consent of the Council. Agenda Tracking Numbers: All numbers listed in bold after the title of each Agenda item are City Clerk tracking numbers that are used for filing and research purposes.

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AGENDA Regular Meeting ALHAMBRA CITY COUNCIL City Council Chambers 111 South First Street October 8, 2012 5:30 p.m. ROLL CALL: COUNCIL: FLAG SALUTE:

Sham, Yamauchi, Placido, Ayala, Messina Led by Mayor Messina

READING OF ORDINANCE TITLES Government Code Section 36934 requires that all ordinances be read in full prior to City Council taking action on the ordinance. By listing the ordinance title on the Council agenda, Council may determine that the title has been read. Recommended Action: By motion, determine that the titles to all ordinances which appear on this public agenda have been read, and waive further reading. PUBLIC HEARINGS 1. THIRD AMDENMENT TO THE 2012-2013 ANNUAL ACTION PLAN FOR SPECIAL ECONOMIC DEVELOPMENT – JOBS CREATION & THE HOMEBUYER PROGRAM F2M12-35, N2M12-120, M2M12-111 This is the time and place set by Notice No. N2M12-120 for the City Council to hold a public hearing on the proposed Third Amendment to the City of Alhambra’s 2012-2013 Annual Action Plan to receive comment on the proposed changes. Staff is seeking to reallocate funding to Special Economic Development – Jobs Creation to assist businesses and developers create new jobs and/or expand and add employees to existing commercial establishments. The City intends to use $1,415,510 of unallocated program income or funds allocated in prior years and staff is seeking authorization to commit and spend the funds on the aforementioned program. Staff is also seeking authorization to increase the level of funding currently allocated to the Homebuyer Program by $225,000 to provide down payment assistance to qualified First Time Homebuyers. Staff is seeking authorization to commit and spend the funds on the aforementioned program. On September 4, 2012, staff presented the proposed Third Amendment to the Housing and Community Development Citizen Advisory Committee. The Committee unanimously recommended approval of the Third Amendment to the 2012-2013 Annual Action Plan. The 30-day review period began September 5, 2012 and concluded October 5, 2012. No comments were received. Recommended Action: After receiving public testimony, the Mayor should close the public hearing and, at the City Council’s discretion, approve the Third Amendment to the City of Alhambra’s 2012-2013 Annual Action Plan to reallocate $1,415,510 to Special Economic Development – Jobs Creation and $225,000 to the Homebuyer Program. 2 10-8-12

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ZONING TEXT AMENDMENT TO TITLE 23 (ZONING) ZTA-12-1: EDUCATIONAL, INSTRUCTIONAL AND TUTORING IN THE PO, CDP AND IPD ZONES AND FITNESS CENTERS IN THE IPD ZONE – F2M12-49, N2M12-134, O2M12-4607, O2M12-4608 This is the time and place set by Notice No. N2M12-134 for the City Council hold a public hearing on those certain amendments to Title 23 (Zoning) of the Alhambra Municipal Code amendment of the Alhambra Zoning Ordinance (Title 23 of the Alhambra Municipal Code). The proposed amendment would classify educational, instructional and tutoring services as conditionally permitted uses in the (PO) Professional Office, (CPD) Commercial Planned Development and (IPD) Industrial Planned Development zones. The amendment also proposes to classify fitness centers as permitted uses in the IPD (Industrial Planned Development) zone. Recommended Action: After receiving public testimony, the Mayor should close the public hearing and the City Council should direct the City Attorney to introduce and give first reading by title only to the following ordinances entitled: 1. Ordinance No. O2M12-4607: An Ordinance of the City Council of the City of Alhambra, California, amending sections 23.04, 23.24.030, 23.28.020, 23.28.040 and 23.32.030 of the Alhambra Municipal Code pertaining to educational, instructional and tutoring services in the PO (Professional Office), CPD (Commercial Planned Development) and IPD (Industrial Planned Development) Zones Ordinance No. O2M12-4608: An Ordinance of the City Council of the City of Alhambra, California amending Section 23.32.020 of the Alhambra Municipal Code pertaining to fitness centers, health clubs and gymnasiums in the IPD (Industrial Planned Development) Zone.

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which ordinances shall return for a second reading and adoption at the next Council meeting.

CONSENT AGENDA (Item Nos. 3 - 5) All items listed under the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion unless a citizen or Council member requests otherwise; in which case, the item will be removed for separate consideration. 3. NOTICE OF COMPLETION: AFFORDABLE TOWNHOMES CONSTRUCTION AT 534 HOWARD STREET - F2M10-59, C2M10-35, M2M12-113 Staff requests that the City Council accept the Affordable Townhomes Construction Agreement (Contract No. C2M10-35) between the City of Alhambra, the Alhambra Redevelopment Agency and National Preservation Partners, Inc., a California non-profit corporation and Community Housing Development Organization (CHDO) as complete and approve the Notice of Completion. This project has been inspected by staff and all work has been completed in accordance with the City requirements and specifications.

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Recommended Action: City Council accept as complete the Affordable Townhomes Construction Agreement (Contract No. C2M10-35) between the City of Alhambra, Alhambra Redevelopment Agency and National Preservation Partners, Inc. in the amount of $3,037,955.27; direct the City Clerk to file a Notice of Completion with the County of Los Angeles for recordation; instruct the Director of Finance to release the retention 35 days from the date of recordation if no liens are filed; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M12-113)

4.

APPROVAL FOR RECORDATION OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS AND THE CONDOMINIUM PLAN FOR 534-538 HOWARD STREET TOWNHOMES DEVELOPMENT – F2M10-59, M2M12-114 Staff requests that the City Council approve the recordation of the Declaration of Covenants, Conditions and Restrictions and Reservations of Easements and the Condominium Plan for the 534-538 Howard Street eight-unit affordable townhome development. The project is complete and eight First Time Homebuyers have been selected by lottery process and are ready to purchase their units. At this time, it would be appropriate for the City Council to approve the Declaration of Covenants, Conditions and Restrictions (CC&R’s) and Reservation of Easements which will govern the 8-unit Condominium Community, and the Condominium Plan for 534-538 Howard Street Townhomes which documents and creates the legal description and describes the air space diagram of each unit. Recommended Action: City Council approve the recordation of the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements and the Condominium Plan for 534-538 Howard Street Townhomes Development. (M2M12-114)

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APPROVAL OF THE SALE OF EIGHT AFFORDABLE TOWNHOMES AT 536-538 HOWARD STREET – F2M10-59, M2M12-115 Staff requests that the City Council approve the sale of eight affordable townhomes at 536-538 Howard Street to the selected First Time Homebuyer Program raffle winners. The City is selling the units at a sale price of $374,500 which represents the 95% median price for condominiums or townhomes in the City of Alhambra. Upon opening of escrow, the City will assist the First Time Homebuyers with gap financing. Recommended Action: City Council should adopt Minute Order No. M2M12-115 as follows: RESOLVED by the Alhambra City Council that this Council hereby: 1) Approves the sale of eight townhomes in the amount of $374,500 (subject to appraisal) to the following Buyers with a silent second loan amounts as follows: FTHB Tang, Daisy Wang, Chen & Chen, Rong Zhu, Yuan & Wei, Jian Hu, Cathy & Glassow, Jonathan UNIT 536 Howard St., # 1 536 Howard St., # 2 536 Howard St., # 3 536 Howard St., # 4 4 City Gap Financing $187,500 $173,500 $199,500 $147,000

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Shieh, Jessica Cao, Rui Feng Garcia, Miguel A. Lee, Young Chan

538 Howard St., # 1 538 Howard St., # 2 538 Howard St., # 3 538 Howard St., # 4

$159,500 $194,500 $158,000 $179,500

2) Authorizes staff to reduce the sale price and City second by up to 15% to equal the lender appraisal price in the event the appraisal comes in lower than $374,500; 3) Authorizes the Finance Director to transfer the sale proceeds as follows: NET PROCEEDS OF $1,597,000 DISTRIBUTED AS FOLLOWS: Program % Of Proceeds Share of Proceeds Account Number CDBG 15% $239,550.00 251.00.46080 HOME 52% $830,440.00 252.00.46080 LOW/MOD 33% $527,010.00 950.00.46080 4) Authorizes staff to effectuate the documents required to facilitate the sales transaction.

CLOSED SESSION & CITY ATTORNEY ANNOUNCEMENT re SAME - F2M12-14 The City Council will move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54950, et seq.) for the purposes of conferring with the City’s Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code Section 54957 (Personnel), and/or conferring with the City’s Labor Negotiators as follows; provided, however, prior to so moving into closed session, the City Attorney shall make any announcements required by the Brown Act pertaining to such closed session matters: Conference with Real Property Negotiator (Govt. Code Section 54956.8): None Conference with Legal Counsel--Existing Litigation (Govt. Code Section 54956.9(a): None Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to Govt. Code Section 54956.9(b): 1 matter. Initiation of litigation pursuant to Govt. Code Section 54956.9(c): 3 matters. Discussion of Personnel Matters (Govt. Code Section 54957): None Conference with City’s Labor Negotiator (Govt. Code Section 54957.6): Richard Bacio, Assistant City Manager/Personnel Director, re Management Employees, Alhambra Police Miscellaneous Association, Alhambra Police Association, Alhambra Fire Fighters’ Association, and the Alhambra City Employees’ Association. RECONVENE & CITY ATTORNEY REPORT: In the event the City Council move into a closed session, the City Council shall reconvene at 7:00 p.m. and the City Attorney shall report upon the closed session if required. 5 10-8-12

PUBLIC HEARING 6. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND – F2M5-112, N2M12-126, M2M12-112 This is the time and place set by Notice No. N2M12-126 for the Alhambra City Council to hold a public hearing to consider the proposed use of grant funds made available to the Police Department under California Government Code Section 30061 which governs the Supplemental Law Enforcement Services Fund (SLESF). The Police Department received $203,218.50 in SLESF funding for FY 2011-2012. Uses being proposed include, but are not limited to, the continued participation in the Foothill Air Support Team (FAST) multi-agency patrol helicopter program, continued usage of the Graffiti Tracker system to assist in solving vandalism crimes, overtime for bicycle patrol and other front-line law enforcement related equipment. Recommended Action: City Council conduct a public hearing to consider the proposed use of grant funds made available to the Police Department under California Government Code Section 30061 which governs the SLESF. After receiving public testimony, the Mayor should close the public hearing, and the City Council should adopt Minute Order No. M2M12-112 as follows: RESOLVED by the Alhambra City Council that this Council hereby approves the use of those certain grant funds made available to the Police Department under California Government Code Section 30061 which governs the Supplemental Law Enforcement Service Fund (SLESF) as proposed and more fully described in that certain October 8, 2012 report of the Chief of Police on file in the office of the City Clerk as F2M5-112 and by this reference incorporated herein and made a part hereof as though fully set forth herein.

CONSENT AGENDA (Item Nos. 7 – 14) All items listed under the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion unless a citizen or Council member requests otherwise; in which case, the item will be removed for separate consideration. 7. MOU: MTA - NATIONAL TRANSIT DATABASE – F2M3-72, C2M12-35, M2M12-116 Staff requests City Council approval of a Memorandum of Understanding (MOU) for collecting and reporting Alhambra Community Transit and Senior Ride ridership data for the National Transit Database (NTD) for the reporting year 2010. The City is required to approve the MOU and submit an invoice to the MTA prior to December 31, 2013 in order to receive payment. Recommended Action: City Council approve a Memorandum of Understanding (MOU) by and between the City of Alhambra and the Los Angeles County Metropolitan Transportation Authority (MTA) for collecting and reporting data for the National Transit Database for the Report Year 2010, subject to final language approval by the City Manager and City Attorney, a copy of which is on file in the City Clerk’s Office as 6 10-8-12

Contract No. C2M12-35 and by this reference incorporated herein and made a part hereof as though fully set forth herein; direct the Director of Finance to invoice the MTA for the amount of $149,029 once the MOU is executed; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M12-116)

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AMENDMENT: MEMORANDUM OF AGREEMENT – COORDINATED MONITORING PROGRAM FOR METALS TMDL – F2M7-44, C2M8-27, M2M12-117 Staff requests that the City Council approve an amendment to the existing agreement with the Gateway Cities Council of Governments to extend the Coordinated Monitoring Program for the Metals TMDL. Recommended Action: City Council approve that certain Amendment No. 1 to the original Memorandum of Agreement by and between the Gateway Cities Council of Governments and the City of Alhambra for a period of one year extending the Coordinated Monitoring Program of the Metals TMDL, and by this reference incorporated herein and made a part hereof as though fully set forth herein. (M2M12-117)

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NOTICE OF COMPLETION: CITYWIDE TRAFFIC SIGN MANAGEMENT SYSTEM – F2M11-46, C2M11-40, M2M12-118

INVENTORY

AND

The Citywide Traffic Sign Inventory and Management System is complete and has been inspected and approved by Staff. It is now appropriate to file a Notice of Completion for the project. There was one change order issued for this project in the amount of $7,204.80. The change order was issued for the additional cost associated with the documentation of each individual sign for the system. Therefore, staff requests that the City Council accept the work of 3M, for the Citywide Traffic Sign Inventory and Management System. Recommended Action: City Council accept the work of 3M for the Citywide Traffic Sign Inventory and Management System (Contract No. C2M11-40); and, direct the City Clerk to file a Notice of Completion, releasing the 10% retention in 35 days, if no liens are filed. (M2M12-118)

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STOP SIGN AND SAFETY STUDY FOR THE INTERSECTION OF STONEMAN & SAN MARINO AVENUES - F2M12-9, M2M12-119 Staff requests that the City Council review the Stop and Safety Study for the offset intersection of Stoneman and San Marino Avenues. The study was done in response to a citizen request. Based upon the study, the Traffic Engineer recommends that stop signs and painted stop bars be installed on Stoneman Avenue where it intersects with San Marino Avenue and the installation of 20 feet of red curb should be painted at all four corners on San Marino Avenue.

Recommended Action: City Council approve (1) 20 feet of red curb should be painted at all 4 corners of the intersection on San Marino Avenue (CAMUTCD Section 3B-18) to increase sight distance for drivers pulling out of Stoneman Avenue; and (2) the 7 10-8-12

installation of stop signs and painted stop bars for northbound and southbound approaches on Stoneman Avenue at the approach to San Marino Avenue; and direct staff to undertake the steps necessary to finalize Council’s action. (M2M12-119)

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AUTHORIZATION TO AMEND THE FY 2012-2013 ADOPTED BUDGET FOR FIRE DEPARTMENT TRAINING – F2M12-17, F2M6-50, C2M10-54, M2M12-120 Staff requests authorization to amend the fiscal year 2012-2013 adopted budget by appropriating $20,000 to the Fire Department – Suppression and Paramedic training in budget based on revenues generated from an existing Agreement between the Los Angeles Community College District on behalf of East Los Angeles College and the Alhambra Fire Department to provide mutually agreed upon and approved educational training courses that meet the needs of the Alhambra Fire Department. Recommended Action: City Council authorize the City Manager and Director of Finance to amend the fiscal year 2012-2013 adopted budget by appropriating $20,000 to the Fire Department – Suppression and Paramedic training (Account No. 101.30.3110.62520). (M2M12-120)

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MINUTES Recommended Action: City Council review and approve as submitted the Minutes of the September 10, 2012 regular Meeting of the Alhambra City Council.

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PERSONNEL ACTIONS – F2M12-2 Recommended Action: City Council ratify the actions of the City Manager set forth in that certain Personnel Actions document dated October 8, 2012 showing the various appointments, classifications, salary changes, etc., since the last City Council meeting.

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DEMANDS - F2M12-1 Recommended Action: City Council approve as submitted Final Check List (139463 thru 139586) in the amount of $2,744,647.99 for the period ending September 20, 2012, Schedule of Wire Transfers in the amount of $1,327,536.60 for the week ending September 7, 2012 and Schedule of Wire Transfers in the amount of $1,439,133.24 for the week ending September 14, 2012; and, Final Check List (139587 thru 139740) in the amount of $1,059,512.04 for the period ending September 27, 2012.

ORAL COMMUNICATIONS (TIME LIMITATION - 5 MINUTES) Citizens wishing to address the Council on any matter which is within the subject matter jurisdiction of the City Council not on the Agenda may do so at this time. Please state your NAME and ADDRESS CLEARLY for the record. 8 10-8-12

Please note that while the City Council values your comments, pursuant to January 1, 1987 amendments to the Brown Act, the City Council cannot respond nor take any action until such time as the matter may appear as an item on forthcoming agendas. COUNCIL COMMUNICATIONS (ANNOUNCEMENTS & FUTURE AGENDA ITEMS) F2M12 -7 Each Councilmember at his discretion may address the Council and public on matters of general information and/or concern, including announcements and future agenda items. ADJOURNMENT: There being no further business for the Council to transact, the Mayor, with the consent of the City Council, shall adjourn their meeting to 5:30 p.m. on October 22, 2012, in the Council Chambers of the Alhambra City Hall, 111 South First Street, Alhambra, California. NOTICE Agenda Items: Copies of the staff reports or other written documentation relating to the items listed on this agenda are on file with the City Clerk in Alhambra City Hall, located at 111 South First Street, Alhambra, California, and are available for inspection during regular office hours, Monday through Friday from 8:00 a.m. to 5:00 p.m. Broadcast of Meeting: The regular meetings of the Alhambra City Council are recorded and are broadcast on Charter Channel 3 at 7:30 p.m. on the Thursdays and Mondays following the meeting. Recordings are also available for viewing by the public at the Alhambra Public Library and, upon appointment, in the Administrative Services Department. Americans with Disabilities Act: If you require special assistance to participate in any City meeting (including assisted listening devices), please contact the City Clerk's Office (626) 5705090. Notification of at least 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. LAUREN MYLES, CMC CITY CLERK

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