CITY OF ALHAMBRA AGENDA ALHAMBRA CITY COUNCIL APRIL 23, 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.

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AGENDA Regular Meeting ALHAMBRA CITY COUNCIL City Council Chambers 111 South First Street April 23, 2012 5:30 p.m. ROLL CALL: COUNCIL: FLAG SALUTE:

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

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.

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 Citys 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 Citys 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): a) Property: 2206 West Commonwealth Avenue: Negotiating parties: CFT Developments LLC and City Manager/ARA Executive Director Julio J. Fuentes & Director of Development Services Swink, Under Negotiation: Instruction to negotiators will concern price, terms of payment or both. Property: 1000 & 1100 South Meridian Avenue, Negotiating parties: The Charles Company and City Manager/ARA Executive Director Julio J. Fuentes & Interim Director of Development Services Swink, Under Negotiation: Instruction to negotiators will concern price, terms of payment or both.

b)

Conference with Legal Counsel--Existing Litigation (Govt. Code Section 54956.9(a): None Conference with Legal Counsel - Anticipated Litigation: Significant exposure 2 4-23-12

to litigation pursuant to Govt. Code Section 54956.9(b): 1 matter. Initiation of litigation pursuant to Govt. Code Section 54956.9(c): 1 matter. Discussion of Personnel Matters (Govt. Code Section 54957): None Conference with Citys 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.

CEREMONIALS 1. PROCLAMATIONS F2M12-3 A. Ratify the action of Mayor AYALA in recognizing the 100 YEAR ANNIVERSARY of the GIRL SCOUTS OF AMERICA. The proclamation will be presented to Mary Jane Craig, Alhambra Service Unit Historian, Rosemary Broward, Alhambra Service Unit Co-Manager and Girl Scouts from Troop 01921 (Emery Park Elementary & Middle School, Alhambra), Troop 03581 (Alhambra community troop), Troop 02241 (St. Therese Church & School, Alhambra), Troop 571, (Alhambra community troop), Troop 12851 (Fremont Elementary School), Troop 17041 (Arcadia) and Troop 15321 (El Monte) Ratify the action of Mayor AYALA in proclaiming April, 2012 as DMV/DONATE LIFE CALIFORNIA MONTH in Alhambra. The proclamation will be presented to Ms. Anna Maria Nerona and Sabrina Ho of the April Donate Life organization. Ratify the action of Mayor AYALA in proclaiming the month of May, 2012, as OLDER AMERICANS MONTH in Alhambra. Mayor AYALA will present the proclamation to Director of Community Services Jarvis.

B.

C.

2.

CERTIFICATES OF SERVICE F2M11-29, F2M12-3 The City Council, on behalf of the citizens of Alhambra, wishes to recognize the following outgoing Board and Commission members for their dedicated service to the City of Alhambra: Civil Service Commission/Board of Appeals OWEN GUENTHARD LELAND LIEBERG MICHAEL PLACIDO

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Board of Library Trustees LELAND HAMBY PETER HERNANDEZ Design Review Board CARLA PEMBERTON HCDA Citizen Advisory Committee ANNETTE ARIZMENDEZ LILLIAN DE LOZA GUTIERREZ JOE PAVON Parks & Recreation Commission ALFONSO GUZMAN THOMAS MALONEY Planning Commission ISABEL BIRRUETA GARY FRUEHOLZ STAN YONEMOTO Transportation Commission ADELE ANDRADE-STADLER STEVEN J. COSCI DENIS KERECHUK GABRIELA QUINTANA CHUCK REYES Arts & Cultural Events Committee MARGARET ANGULO Youth Commission JOSEPHINE LEONG

Mayor AYALA will present the CERTIFICATES OF SERVICE.

PUBLIC HEARING 3. APPEAL PLANNING COMMISSION DECISION TO DENY THE APPLICATION OF REPLANET RECYCLING FOR CONDITIONAL USE PERMIT CU-12-5 AND VARIANCE V-12-5 - 2400 WEST COMMONWEALTH AVENUE - F2M12-34, N2M1242, R2M12-12

This is the time and place set by Notice No. N2M12-42 for the City Council to hold a public hearing to consider the appeal filed by RePlanet Recylcing from the decision of the Planning Commission denying appellants applications for a conditional use permit and variance for a recycling center at 2400 West Commonwealth Avenue. The subject site is the Albertsons supermarket property located on the south side of Commonwealth 4 4-23-12

Avenue between Fremont and Date Avenues. The recycling facility is located at the northeast corner of the parking lots. The Planning Commission considered appellants applications on March 19, 2012. After discussion, the applications were denied by a vote of 9-1. Staff requests that the City Council uphold the Planning Commissions decision to deny applications for the conditional use permit and variance. Recommended Action: After receiving public testimony, the Mayor should close the public hearing and the City Council should adopt Resolution No. R2M12-12 entitled: A Resolution of the City Council of the City of Alhambra upholding the Planning Commissions decision to deny Conditional Use Permit CU-12-5 and Variance V-12-5 for a proposed recycling facility located at 2400 West Commonwealth Avenue

PRESENTATIONS 4. STRATEGIC PLAN UPDATE F2M11-36 On November 17, 2011, the City Council and Executive Staff met to review the current three-year goals (2011-2014) and six-month objectives to implement the Citys strategic plan. Approximately every six months, the City Council and Executive Staff meet to update the objectives. During the strategic planning process, it was determined that staff will review the progress of the goals and objectives and present to the City Council the status on a monthly basis. Recommended Action: presented this evening Council receive and order filed the informational report

CONSENT AGENDA (Item Nos. 5 15) 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. 5. NIB: INMATE PHONE SERVICES F93-52, N2M12-47 On June 26, 2007 the City of Alhambra entered into a contractual agreement with Inmate Communications Corporations (ICC) for the installation and service for ten pay telephones in the jail cells at the Alhambra Police Department. Since September of 2009, ICC has proved to be unreliable in providing the City its revenue stated in the contract. The term of the agreement with ICC will terminate on June 26, 2012. Therefore, staff requests that the City Council authorize staff to solicit bids for inmate phone services at the Alhambra Police Department. Recommended Action: City Council authorize the City Clerk to advertise Notice Inviting Bids No. N2M12-47 to solicit bids for inmate phone services at the Alhambra Police Department Jail facility.

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6.

NIB: SARAZEN DRIVE MAIN REPLACEMENT PROJECT - F2M12-22, N2M12-48 Staff requests City Council authorization to distribute a Notice Inviting Bids for the Sarazen Drive Water Main Replacement Project. The proposed project is the construction of approximately 9,400 lineal feet of 8-inch water main on Whitney Drive, Sarazen Drive, Palm Avenue, San Clemente Avenue, Date Avenue, Montezuma Avenue and Primrose Avenue. The project will improve fire service, water flow, and water service in the area. Recommended Action: City Council authorize the City Clerk to advertise Notice Inviting Bids No. N2M12-48 for the Sarazen Drive Main Replacement Project with bids to be received on or before 10:30 a.m. on Thursday, May 24, 2012, in the office of the City Clerk and publicly opened at 11:00 a.m. that same day.

7.

RESOLUTION TERMINATING THE EXISTENCE OF A LOCAL EMERGENCY: WIND EVENT OF DECEMBER, 2011 F2M11-63, R2M12-8, M2M12-37 Staff requests that the City Council adopt a resolution terminating the existence of a local emergency, which was proclaimed in December of 2011 as the result of a wind storm event in the region; and, authorize an appropriation from the General Fund Unreserved Undesignated Fund Balance to cover costs associated with the unanticipated damages due to the wind event. At this time, the wind storm debris has been thoroughly cleaned-up and all damage has been repaired, with the exception of the loss of trees. Therefore, there is no longer a need for a state of local emergency in the City of Alhambra. Recommended Action: 1) City Council adopt Resolution No. R2M12-8 entitled: A Resolution of the City Council of the City of Alhambra, State of California, terminating the existence of a local emergency; and, 2) Authorize the City Manager to draw on the line of credit with Bank of the West to fund the unabsorbed costs from the wind event as outlined in the Administrative Analysts report dated April 23, 2012. (M2M12-37)

8.

NIB: GARFIELD AVENUE REHABILITATION PROJECT F2M12-36, N2M12-52 Staff requests City Council authorization to circulate a Notice Inviting Bids for the street rehabilitation of Garfield Avenue from the north City limit (Huntington Drive) to Alhambra Road and Main Street to Glendon Way. Recommended Action: City Council authorize the City Clerk to advertise Notice Inviting Bids No. N2M12-52 for the Garfield Avenue Rehabilitation Project with bids to be received on or before 10:30 a.m. on Thursday, May 31, 2012, in the office of the City Clerk and publicly opened at 11:00 a.m. that same day.

9.

AUTHORIZE RFP: MIDWICK TRACT STREET IMPROVEMENT PROJECT F2M1237, RFP2M12-7

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Staff is requesting City Council authorization to circulate a Request for Proposals for the PS&E (Plans, Specifications and Estimate) of the Midwick Tract Street Improvement Project. The PS&E proposals will include the asphalt roadways south of Hellman Avenue to Sarazen Drive and from Hathaway Avenue to Whitney Drive. Proposals will be due no later than 4:30 p.m. on Friday, June 15, 2012. Recommended Action: Authorize staff to distribute Request for Proposal No. RFP2M12-7 for the PS&E (Plans, Specifications and Estimate) of the Midwick Tract Street Improvement Project.

10.

APPROVAL OF THE SALE OF THE AFFORDABLE HOUSING PROJECT AT 3216 MIDVALE PLACE F2M10-509, M2M12-36 Staff requests that the City Council approve the sale of the single-family home at 3216 Midvale Place to Elizabeth Perez, the First Time Homebuyer Program raffle winner. Recommended Action: City Council 1) Approve the sale of 3216 Midvale Place in the amount of $508,250 (subject to appraisal) to Elizabeth Perez with a silent second loan in the amount of $356,685; 2) Authorize staff to reduce the sale price and City second by up to 15% to equal the lender appraisal price if required; and 3) Upon close of escrow, authorize the Director of Finance to transfer the proceeds from HOME account 252.22290 to the HOME Entitlement account 252.40.4030.65996. (M2M12-36)

11.

APPROPRIATION OF BUDGET FUNDS MOTORCYCLE F2M12-6A, M2M12-38

FOR

PURCHASE

OF

POLICE

Staff requests that the City Council approve the appropriation of budgeted funds to be used to be used to purchase a Police motorcycle. The FY 2010-2011 Budget appropriated funding for the purchase of six police vehicles. Five vehicles have been purchased and it is being requested that the funding for the sixth vehicle be used to purchase a motorcycle instead of a vehicle. Recommended Action: City Council allocate $24,933.83 of funds budgeted for the purchase of a Police vehicle to be used for the purchase of a Police motorcycle. (M2M12-38)

12.

MINUTES Recommended Action: City Council and/or City Council as the Successor Agency to the Redevelopment Agency Board review and approve as submitted the Minutes of the March 26, 2012 Special Meeting of the Alhambra City Council; the March 26, 2012 Regular Meeting of the Alhambra City Council; and, the April 9, 2012 Regular Meeting of the Alhambra City Council.

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13.

TREASURERS REPORT - F2M12-1 Recommended Action: City Council receive and file as submitted the Treasurer's Report prepared by the Director of Finance for the month of March, 2012, listing all of the City's investments as of March 31, 2012.

14.

PERSONNEL ACTIONS F2M12-2 Recommended Action: City Council ratify the actions of the City Manager set forth in that certain Personnel Actions document dated April 23, 2012 showing the various appointments, classifications, salary changes, etc., since the last City Council meeting.

15.

DEMANDS - F2M12-1 Recommended Action: City Council approve as submitted Final Check List (135109 thru 135165) in the amount of $22,819.92 for the period ending April 2, 2012; Final Check List (135166 thru 135348) in the amount of $1,198,508.73 for the period ending April 5, 2012; Schedule of Wire Transfers in the amount of $487,350.08 for the week ending March 30, 2012; Schedule of Wire Transfers in the amount of $1,252,524.49 for the week ending March 23, 2012; and, Final Check List (135349 thru 135502) in the amount of $416,076.96 for the period ending April 12, 2012.

ORDINANCES FIRST READING 16. REPEAL SECTION 3.08.115 FROM ALHAMBRA MUNICIPAL CODE RELATING TO THE UNIFORM LOCAL SALES AND USE TAX ORDINANCE F92-33, O2M12-4598 Staff requests that the City Council consider for First Reading an Ordinance to repeal in full Section 3.08.115 of the City of Alhambra Municipal Code as well as an urgency version of the same ordinance. This section currently grants a credit against the sales and use tax due the City for payment of a sales and use tax established by and paid to the former Alhambra Redevelopment Agency. With the Agency having dissolved on February 1st of this year, it will no longer have any use for sales tax and so the credit is no longer necessary. Recommended Action: 1) Direct the City Attorney to introduce and give reading by title only, waiving further reading to the following urgency ordinance entitled: Ordinance No. O2M12-4598: An Urgency Ordinance of the City Council of the City of Alhambra Repealing Section 3.08.115 from the Alhambra Municipal Code Relating to the Uniform Local Sales and Use Tax Ordinance to Terminate the Existing Credit for Payment of Sales and Use Taxes Paid to the Alhambra Community Redevelopment Agency after which such ordinance shall go into effect immediately upon its adoption by a 4/5th vote of the City Council; and, 8 4-23-12

2) Direct the City Attorney to introduce and give first reading by title only, waiving further reading to the following ordinance entitled: Ordinance No. O2M12-4599: An Ordinance of the City Council of the City of Alhambra Repealing Section 3.08.115 from the Alhambra Municipal Code Relating to the Uniform Local Sales and Use Tax Ordinance to Terminate the Existing Credit for Payment of Sales and Use Taxes Paid to the Alhambra Community Redevelopment Agency which ordinance shall return for a second reading and adoption at the next City Council meeting.

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. 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 April 30, 2012, in Ruth C. Reese Hall (Community Room) at the Alhambra Civic Center Library, 101 South First Street, Alhambra, California. (Notice No. N2M12-51). 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) 5709 4-23-12

5090. 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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