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CITY OF ALHAMBRA
AGENDA
ALHAMBRA CITY COUNCIL
REGULAR MEETING
SEPTEMBER 25, 2023
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.
Watch and listen to the meeting as follows:
Zoom Webinar direct link:
https://cityofalhambra-org.zoom.us/j/81321778489?pwd=YU1BTWtqSXpNeEo1MWFSME1mZ1FmUT09 Webinar ID: 813 2177 8489, Passcode: 644586
Or by telephone by dialing (833) 548 -0276 (Toll Free) or (833) 548 -0282 (Toll Free) or (877) 853 -5257 (Toll Free) or (888) 475 -4499 (Toll Free) or +1(719) 359-4580 or +1(309) 205-3325 or +1(253) 215-8782 or +1(346) 248-7799 or +1(646) 931-3860 or +1(301) 715-8592 or +1(312) 626-6799 or +1(646) 558-8656 and entering Webinar ID: 813 2177 8489 and Passcode: 644586. Please Note: All members of the public calling or logging into the meeting will be muted so that the meeting can proceed. If there are technical difficulties with Zoom during the meeting, the meeting will proceed regardless. Meetings can also be viewed via livestream here: https://www.spectrumstream.com/streaming/alhambra/live.cfm
Addressing the Council:
In person: 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 should complete a Speaker Request Card and submit it to the City Clerk so the City Council knows you wish to speak . When called upon by the presiding officer, please step to the podium.
Via Zoom or Telephone: “Raise your hand” - Members of the public may speak by using the “Raise Hand” function during the public comments portion, if on Zoom or telephone . Staff will unmute speakers participating via Zoom or telephone and announce your name when it is your time to speak.
Remarks are limited to 5 minutes; however, the presiding officer may either extend or reduce the maximum time to such period of time as the Council may determine.
Standards of Decorum : Any person addressing the Council who refuses to stop speaking after his/her time has expired or any person who behaves in such a manner as to interfere with or impede the progress of the City Council meeting who, after a request by the presiding officer , refuses to cease such behavior may be removed from the City Council chambers upon direction of the presiding officer.
Enforcement of Decorum : The Chief of Police, or his/her designee, shall be Sergeant -at-Arms of the Council meetings. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting.
Persons Authorized to be Within Rail : No person, except City official or their designees, 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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CITY OF ALHAMBRA
AGENDA
Regular Meeting
ALHAMBRA CITY COUNCIL
Council Chambers, 111 South First Street
September 25, 2023
6:00 p.m.
ROLL CALL:
COUNCIL: Lee, Maloney, Pérez, Andrade-Stadler, Maza
FLAG SALUTE: Led by Mayor Maza
LAND ACKNOWLEDGEMENT: We acknowledge that the land on which we are gathered is the traditional, ancestral, and unceded territory of the Gabrielino/Tongva peoples. We seek to prioritize respect for the historic culture and contemporary presence of the native peoples throughout California, especially in the greater Los Angeles/Alhambra area. We come with respect and gratitude for the Gabrielino/Tongva people who still consider themselves the caretakers of this land. It is through their ex amples that we are reminded of our greater responsibility to take care of Mother Earth and to take care of each other.
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.
PRESENTATIONS
1. CONSIDERATION OF DEADLINE FOR PLANNING COMMISSION TO REVIEW ZONING CODE AMENDMENTS – F2M20-37, M2M23-165
At the last City Council meeting, the City Council requested that an agenda item be placed on the Council’s agenda to consider setting a deadline for the Planning Commission to complete their review of the revisions to the housing element and t he proposed zoning code amendments. Even though the Planning Commission has completed its review of the Housing Element, without the completed zoning code updates, HCD will not certify the City’s housing element. Government Code section 65853 provides that when a planning commission has not provided a recommendation on a zoning code amendment within a reasonable time, the City Council may require by written notice that the planning commission make its recommendation to the Council within 40 days. Failure to do so shall be deemed a recommendation for approval of the zoning amendment. Staff recommends that the Council discuss whether or not to set a deadline for the Planning Commission to make a recommendation to the City Council on the zoning code updates currently pending before the Planning Commission. If Council decides to set a deadline, staff should be
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directed to transmit that deadline to the Planning Commission in writing.
Recommended Action: City Council consider establishing a deadline for the Planning Commission to provide a recommendation to the City Council on the updates to the City’s zoning Code and direct staff to transmit the deadline in writing to the Commission. (M2M23-165)
2. CONSIDERATION OF AN URGENCY INTERIM ZONING ORDINANCE PROHIBITING THE ESTABLISHMENT OF NEW FIREARM SALES BUSINESSES; FIRST READING OF AN ORDINANCE REQUIRING SAFE STORAGE OF FIREARMS; AND FIRST
READING OF AN ORDINANCE PROHIBITING THE CARRYING OF FIREARMS ON
PUBLICLY OWNED PROPERTY AND DETERMINE THAT THESE ACTIONS ARE EXEMPT FROM CEQA – F2M23-7, O2M23-4818, O2M23-4819, O2M23-4820
At the September 11, 2023 City Council meeting, Vice Mayor Sasha Ren ée P érez requested that a suite of ordinances recently adopted by the City of Monterey Park be presented to the City Council for consideration. The Council concurred in agendizing those items for Council consideration. One of the ordinances, a buffer zone ordinance, would require a public hearing before the Planning Commission prior to consideration by the City Council. In light of the delay that presents for adoption, the Council requested an interim urgency ordinance be brought forward for Council’s consideration to potentially go into effect pending the preparation of and hearings on a buffer zone ordinance. Monterey Park adopted an ordinance that would prohibit the sales of firearms within certain areas of the city—those within 1000 feet of sensitive receptors (residences, schools, community resource centers). In those areas where firearm sales are allow ed, a conditional use permit is required in order to ensure that the sale activity does not have negative impacts on surrounding uses. Staff intends to study a similar ordinance for Alhambra, which will ultimately require a public hearing before the Planni ng Commission and City Council.
Government Code Section 65858 allows for the adoption as an urgency measure of interim zoning regulations that prohibit certain uses while those are being studied for additional regulation. A 4/5 vote of the Council is required to adopt this interim ordinance, which will last for a period of 45 days. In order to extend the moratorium, a public hearing must be held, at which time the Council can extend the term of the ordinance.
Additionally, staff has drafted a safe stora ge ordinance and an ordinance prohibiting firearms on City property for Council consideration. The safe storage ordinance would add a new section 9.92.050 to the Alhambra Municipal Code entitled “Safe Storage.” The proposed ordinance requires any person in a residence within the City to store firearms in a locked container or disable them with an appropriate safety device in the home. Keeping a firearm locked when it is not being carried prevents unauthorized users, including children, from accessing and us ing firearms which can reduce unintentional discharges, firearm theft, and suicide. The proposed ordinance regarding prohibiting guns on City property would prohibit (with exceptions for law enforcement personnel) the possession of loaded firearms on any City -owned property. That would include, without limitation, persons carrying concealed weapons in accordance with valid permits.
Finally, the City reviewed the environmental impacts of these three Ordinances under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guide lines”). These Ordinances are not subject to further review
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environmental review because: (1) they will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2); (2) there is no possibil ity that the Ordinances themselves may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)); and (3) the Ordinances, by themselves, do not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). The Ordinances are for general policies and procedure -making. It can be seen with certainty that there is no possibility that these Ordinances may have a significant effect on the environment.
Recommended Action: City Council consider the following:
1. Adoption by a 4/5 vote of Ordinance No. O2M23 -4818 entitled: AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858,
ADOPTING AN INTERIM ZONING ORDINANCE TEMPORARILY PROHIBITI NG
THE ESTABLISHMENT OF NEW FIREARM SALES BUSINESSES IN THE CITY
2. Introducing for first reading Ordinance No. O2M23 -4819 entitled: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA, ADDING SECTION 9.92.050 “SAFE STORAGE” TO THE ALHAMBRA MUNICIPAL CODE TO REQUIRE THE SAFE STORAGE OF FIREARMS; and,
3. Introducing for first reading Ordinance No O2M23-4820 entitled: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA, ADDING CHAPTER 13.18 “FIREARMS PROHIBITED ON PUBLIC PROPERTY” TO THE
ALHAMBRA MUNICIPAL CODE
CONSENT AGENDA (Item Nos. 3 – 13)
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. AWARD CONTRACT: PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE
GREEN STREET DEMONSTRATION STORMWATER CAPTURE PROJECT ON MAIN STREET – F2M23-56, RFP2M23-21, C2M23-77, M2M23-164
On July 24, 2023, the City Council approved the distribution of a Request for Proposals for Engineering Design Services for the Green Street Demonstration Project on Main Street. A green street is a stormwater management approach that incorporates vegetation (perennials, shrubs, trees), soil, and engineered systems (e.g., permeable pavements) to slow, filter, and cleanse stormwater runoff from impervious surfaces (e.g., streets, sidewalks). There were three proposals received for the project. A review commi ttee comprised of three staff members reviewed the submitted proposals. Staff evaluated the proposals based on qualifications, experience, references, technical approach, responsiveness and cost. CWE was selected as the most responsive firm.
Recommended Action: City Council a ward a contract, subject to final language approval by the City Manager and City Attorney, by and between the City of Alhambra and CWE for Engineering Design Services for the Green Street Demonstration Project on Main
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Street in an amount not to exceed $580,800.00; and , direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-164)
4. NOTICE OF COMPLETION: 2022 CDBG STREET IMPROVEMENTS PROJECT – F2M22-68, C2M23-7, M2M23-166
On January 23, 2023, the City Council awarded a contract for the 2022 CDBG Street Improvements Project to Toro Enterprises Inc in the amount of $1,353,282.00. Two change orders were issued for a total amount of $158,017.60. The change order was issued for the installation of additional curb & gutter, concrete driveway aprons and sidewalk repairs. The total cost of the project was $1,511,299.60. This project has been inspected by staff and all work has been completed in accordance with the City’s requirements and specifications. As such, it would be appropriate for the City Council to accept this project as complete and instruct that the Notice of Completion be filed with the County of Los Angeles Recorder’s Office.
Recommended Action: City Council accept the work of Toro Enterprises Inc. for the 2022 CDBG Street Improvements Project in the amount of $1,511,299.60 as complete; direct the City Clerk to file a Notice of Completion with the County of Los Angeles for recordation; instruct the Finance Director to release the 5% 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. (M2M23-166)
5. HUD 202 2-2023 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) – F2M7-84, M2M23-167
Each year, the City of Alhambra is required by the Department of Housing and Urban Development to prepare a “Performance Report” for the CDBG and HOME programs.
This report covers the previous fiscal year’s activities and expenditures. The report also highlights the accomplishments of the year and how the City is achieving progress with respect to the community development goals and objectives outlined in the One -Year Action Plan and the Five -Year Consolidated Plan. Staff requests that the City Council approve the 202 2-2023 Consolidated Annual Performance and Evaluation Report (CAPER) and direct staff to submit the report to the U.S. Department of Housing and Urban Development (HUD).
Recommended Action: City Council approve the 202 2-2023 Consolidated Annual Performance and Evaluation Report (CAPER) and direct staff to submit the report to HUD. (M2M23-167)
6. FY 2022-2023 TO FY 2023-2024 CARRYOVERS - F2M22-17, F2M23-17, R2M23-49
Staff requests that the City Council adopt a resolution approving certain fiscal year -end carryovers from fiscal year 2022-2023 to fiscal year 2023-2024 and the reappropriation of outstanding encumbrances at the close of the fiscal year 2022-2023.
Recommended Action: Council adopt Resolution No. R2M2 3-49 entitled: A Resolution of the Alhambra City Council approving those certain fiscal year -end
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carryovers from fiscal year 202 2/23 to fiscal year 2023/24 and reappropriation of outstanding encumbrances at the close of the fiscal year 2022/23
7. AWARD CONTRACT: TOPTRACER SERVICES PROGRAM – F2M22-49, C2M23-78, M2M23-168
TOPTRACER Range, owned by Top Golf USA, features video monitors mounted in the traditional driving range bay. They are connected to cameras that track golf ball flight and replicate it on the screen, along with an array of statistics. On June 27, 2022, the City Council approved a 1 -year agreement with TopGolf USA Inc.; however, the r emaining years of this agreement were not executed due to ongoing price negotiations. Those negotiations have now been settled; therefore, staff is requesting the Council award a new 5-year agreement for the current equipment, plus the addition of TopTracer on the upper decks of the driving range as well. The addition of TOPTRACER equipment enhances and increases participation and revenue at the Alhambra Driving Range. TopGolf USA Inc. TOPTRACER is a sole-source service provider as it is a proprietary program.
Recommended Action: City Council a ward a contract , subject to final language approval by the City Manager and the City Attorney, by and between the City of Alhambra and TopGolf USA Inc. for the installation and use of proprietary golf-ball tracking software, video monitors, and cameras in an amount not to exceed $376,294.20 commencing on July 1, 2023 through June 30, 2028; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-168)
8. REJECTION OF BIDS FOR THE FIRE STATION 73 KITCHEN REMODEL PROJECT – F2M23-49, N2M23-61, M2M23-169
On July 13, 2023, the City received four bids in response to the Notice Inviting Bids for the Fire Station 73 Kitchen Remodel Project. The bids ranged from $172,800 (Premo Construction Inc.) to $438,000 (Urban Professional Builders Inc.). As the bid amounts are significantly above the $100,000 budget funding available for the project, staff recommends that the City Council reject all bids. Staff will review the scope of work and re-advertise the project at a later date.
Recommended Action: City Council reject the bids received in response to Notice Inviting Bids No. N2M23-61 for the Fire Department Station 73 Kitchen Remodel Project; and, direct staff to undertake the steps necessary to finalize Council’s action . (M2M23- 169)
9. CONTRACT AMENDMENT: OFFICER SAFETY PLAN 7 – F2M23-6B, C2M23 -1, M2M23-170
On January 9, 2023, the Council awarded a contract to Axon Enterprises, Inc. for the Officer Safety Plan 7, which integrates in -car mobile audio video system (MAVS), body - worn camera (BWC) system, digital evidence management software, and Taser 7 in an amount not to exceed $1,031,582 over five years. Recently, Axon made available an integrated unmanned aircraft system (UAS) platform for public safety know as Axon Air.
This system delivers secure wireless livestreaming to provide critical situational
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awareness and improve outcomes for public safety and communities totaling $51,638.30 over a five-year contract. Staff is seeking to amend the current contract to allow for the purchase of Axon Air. In addition, staff is seeking to amend the contract period to fiv e years through October 2028
Recommended Action: City Council authorize the City Manager to execute an amendment, subject to final language approval by the City Manager and City Attorney, to the agreement with Axon Enterprises, Inc. (C2M23 -1) to include Axon Air software licensing to existing services provided by Axon Enterprises, thus increasing the contract amount by $51,638.30; authorize the City Manager to execute any additional documentation to extend the amendment to October 202 8, subject to satisfa ctory firm performance and future budget allocations; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-170)
10. REJECTION OF BIDS FOR THE FIRE DEPARTMENT STATION 71 LOCKER/BATHROOM REMODEL PROJECT – F2M23-23, N2M23-77, M2M23-171
On August 3, 2023, the City received and opened two bids in response to the Notice Inviting Bids for the Fire Station 71 Locker/Bathroom Remodel Project. The bids ranged from $300,000 (Modaa, Inc.) to $467,000 (MLC Constructors, Inc.). As the bid amounts are significantly above the $171,634 budget funding available for the project, staff recommends that the City Council reject all bids. Staff will review the scope of work and re-advertise the project at a later date.
Recommended Action: City Council reject the bids received in response to Notice Inviting Bids No. N2M23-77 for the Fire Department Station 71 Locker/Bathroom Remodel Project; and, direct staff to undertake the steps necessary to finalize Council’s actio n. (M2M23-171)
11. TREASURER’S REPORT – F2M23-1
Recommended Action: City Council receive and file as submitted the Treasurer's Report prepared by the Director of Finance for the month of August 2023, listing all of the City's investments as of August 31, 2023.
12. PERSONNEL ACTIONS – F2M23-2
Recommended Action: City Council ratify the actions of the City Manager set forth in t hat certain Personnel Actions document dated September 25, 2023 showing the various appointments, classifications, salary changes, etc., since the last City Council meeting.
13. DEMANDS - F2M23-1
Recommended Action: City Council approve as submitted Final Check List (241298 thru 241354) in the amount of $ 243,744.64 for the period ending July 20, 2023; Final Check List (241355 thru 241429) in the amount of $312,626.71 for the period ending July
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27, 2023 and Schedule of Wire Transfers in the amount of $ 342,145.65 for the week ending July 14, 2023; Final Check List (241430 thru 241519) in the amount of $354,613.46 for the period ending July 27, 2023 and Schedule of Wire Transfers in the amount of $3,699,905.09 for the week ending July 21, 2023; Final Check List (241520 thru 241688) in the amount of $61,206.92 for the period ending August 2, 2023 and Schedule of Wire Transfers in the amount of $11,973,055.83 for the week ending July 28, 2023 ; and Final Check List (241689 thru 241726) in the amount of $286,657.00 for the period ending July August 3, 2023.
PUBLIC COMMENT FOR NON-AGENDIZED ITEMS (TIME LIMITATION - 5 MINUTES)
Citizens wishing to address the Council on any matter which is within the subject mat ter jurisdiction of the City Council not on the Agenda may do so at this time. Please note that while the City Council values your comments, pursuant to the Brown Act, the City Council cannot take action unless the matter appears as an item on a forthcoming agenda.
COUNCIL COMMUNICATIONS (ANNOUNCEMENTS & FUTURE AGENDA ITEMS) F2M23-7
Each Councilmember at his/her discretion may address the Council and public on matters of general information and/or concern, including announcements and future agenda items.
ADJOURNMENT: The next regular meeting of the Alhambra City Council is scheduled for Monday, October 9, 2023 at 6:00 p.m.
N O T I C E
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 Thursday from 7:00 a.m. to 5:30 p.m. If you would like to sign-up to receive the City Council meeting agenda and staff reports packet, please visit the City’s website at www.cityofalhambra.org and you will be able to submit your email address on the homepage to the subscription service. Pursuant to Government Code Section 54957.5(b), materials related to agenda items for regular meetings of the Alhambra City Council that are distributed less than 72 hours prior to that meeting, will be made available for public inspection at the Alhambra City Clerk’s Office.
Broadcast of Meeting: A live video stream of each Council meeting is available through the City’s website. The regular meetings of the Alhambra City Council are recorded and are broadcast on Charter Channels 3 and 182 at 7:30 p.m. on Thursdays and Mondays following the meetin g.
Recordings are also available for viewing by the public on the City of Alhambra’s website, at the Alhambra Public Library and, upon appointment, in the City Clerk’s Office.
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 at (626) 570 -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.
Translation Services Requests: If you require translation services in order to participate in a meeting please contact the City Clerk’s Office at (626) 570-5090. All requests for translation services shall be
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made by 4 p.m. the Thursday prior to the City Council meeting. If translation is not requested by 4 p.m. the Thursday prior to the City Council meeting, staff will try to accommodate the request if possible.
LAUREN MYLES, CMC
CITY CLERK