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Regular Meeting

ALHAMBRA CITY COUNCIL

Council Chambers, City Hall, 111 South First Street

December 11, 2023

6:00 p.m.

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. 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.

Regular Meeting

ALHAMBRA CITY COUNCIL

Council Chambers, City Hall, 111 South First Street

December 11, 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 examples that we are reminded of our greater responsibility to take care of Mother Earth and to take care of each other.

COUNCIL BUSINESS

1. REQUEST FOR COUNCILMEMBER PARTICIPATION VIA VIDEO/TELECONFERENCE PURSUANT TO GOVERNMENT CODE SECTION 54953(F) – F2M23-7, M2M23-212

On October 9, 2023, Councilmember Andrade-Stadler requested that her Council colleagues vote to allow her participation via video/teleconference at the December 11, 2023 City Council meeting due to medical reasons. Under current Government Code section 54953(f), this is allowable action if approved by the City Council.

Recommended Action: City Council consider approving Councilmember Andrade- Stadler’s request by motion and vote to allow her to participate and vote remotely via video/teleconference in City Council meetings due to an emergency medical reason under Government Code Section 54953(f). (M2M23-212)

CEREMONIALS

2.            CERTIFICATE OF SERVICE: WINNIE KWAN-SAM – F2M23-3

Mayor Maza and the City Council wish to commend and thank Clerical Assistant III Winnie Kwan-Sam for her 34 years of faithful and loyal service to the Police Department and the City of Alhambra. Mayor Maza will present a Certificate of Service plaque to Ms. Kwan-Sam for her outstanding work for the City. 

3.         CERTIFICATE OF SERVICE: DENISE FERNANDEZ – F2M23-3

Mayor Maza and the City Council wish to commend and thank Dispatcher Denise Fernandez for her 24 years of faithful and loyal service to the Police Department and the City of Alhambra. Mayor Maza will present a Certificate of Service plaque to Ms. Fernandez for her outstanding work for the City. 

CONTINUED PUBLIC HEARING

4.   CONTINUED PUBLIC HEARING FOR COUNCIL DELIBERATION CONCERNING ORDINANCE O2M23-4823 APPROVING ZONING TEXT AMENDMENT AMD-23-10 (THE COMPREHENSIVE UPDATE TO THE CITY OF ALHAMBRA ZONING CODE [TITLE 23 OF THE ALHAMBRA MUNICIPAL CODE]) AND ZONING MAP AMENDMENT AMD-23-09 (AN AMENDMENT TO THE CITY OF ALHAMBRA OFFICIAL ZONING MAP); AND A RESOLUTION APPROVING GENERAL PLAN TEXT AMENDMENT AMD-23-08 (AN AMENDMENT TO THE LAND USE AND COMMUNITY DESIGN CHAPTER OF THE CITY OF ALHAMBRA GENERAL PLAN, VISION 2040), GENERAL PLAN MAP AMENDMENT AMD-23-07 (AN AMENDMENT TO THE CITY OF ALHAMBRA GENERAL PLAN LAND USE MAP), AND INITIAL STUDY/NEGATIVE DECLARATION – F2M20-24, N2M23-127, O2M23-4823, R2M23-54

This is the time and place set by Notice No. N2M23-127 and duly continued from the November 13, 2023 meeting, for the City Council to hold a public hearing to consider a  General Plan Map Amendment, General Plan Text Amendment, Zoning Map Amendment and Zoning Text Amendment adopting the comprehensive update to the City of Alhambra Zoning Code (Title 23 of the Alhambra Municipal Code), an Amendment to the City of Alhambra Official Zoning Map, an Amendment to the Land Use and Community Design Chapter of the City of Alhambra General Plan, Vision 2040, and an Amendment to the City of Alhambra General Plan Land Use Map (the “Project”); and to adopt the Initial Study/Negative Declaration for the Project pursuant to the California Environmental Quality Act (CEQA). 

At the November 13, 2023 meeting, the City Council heard a presentation on the comprehensive update to the City of Alhambra Zoning Code (Title 23 of the Alhambra Municipal Code) and then opened the public hearing to receive public testimony. After closing the public testimony portion of the public hearing, the City Council began their deliberations with discussion of the Planning Commission’s recommended revisions to the proposed Zoning Code, including the recommended maximum height allowances in the EMC (East Main Corridor) zone. The City Council voted 3-2, to revise the maximum height allowance in the EMC zone to 3 stories and 35’ in height above-ground between Chapel Avenue and Granada Avenue as a first step in their deliberations. The City Council then moved to continue the public hearing to the December 11, 2023 meeting for purposes of further Council deliberation and possible action only (no further public comment). 

At the conclusion of the November 13, 2023 meeting, the Council also asked staff to identify certain information already existing in the record for Council’s use at the December 11, 2023 meeting.   Specifically, the City Council asked to be directed to information on the RHNA (Regional Housing Needs Assessment) allocation and required RHNA buffer. This information, specifically figures and tables with data on the City’s site capacity and the estimated surplus, or buffer, above the City’s RHNA requirement, was included in the 2021-2029 Housing Element that was re-adopted by the City Council at a public hearing on October 9, 2023. The provided figures and tables from the 2021-2029 Housing Element identify the theoretical and realistic capacity. As stated in the Housing Element, the theoretical capacity of 23,470 units assumes redevelopment of rezoned and upzoned sites at maximum densities; however, only a share of this theoretical capacity are sites with any realistic potential to redevelop. The Housing Element applies adjustments, which take into consideration realistic capacity and redevelopment potential. As a result, the adjusted capacity for new sites after completion of necessary rezoning and upzoning is only 5,562 units. The capacity of 5,562 units at new sites contributes to the City’s total adopted sites inventory capacity of 7,642 units, which provides a buffer of 11% above the required RHNA of 6,825 units.

The staff reports and attachments from all previous Planning Commission and City Council presentations on the Zoning Code, including the staff report and attachments prepared for the public hearing on November 13th, are available through the project website at: https://www.alhambracodeupdate.com/participate. 

Recommended Action:        City Council:

1.         Determine which of the highlighted Planning Commission’s recommendations to include and direct the City Attorney to introduce and give first reading by title only, waiving further reading to the following ordinance entitled:

Ordinance No. O2M23-4823: AN ORDINANCE OF THE ALHAMBRA CITY COUNCIL ADOPTING ZONING TEXT AMENDMENT AMD-23-10, THE COMPREHENSIVE UPDATE TO THE CITY OF ALHAMBRA ZONING CODE (TITLE 23 OF THE ALHAMBRA MUNICIPAL CODE), AND ZONING MAP AMENDMENT AMD-23-09, AN AMENDMENT TO THE CITY OF ALHAMBRA OFFICIAL ZONING MAP

which ordinance shall return for a second reading and adoption at the next City Council meeting; and,

2.         Determine which of the Planning Commission’s highlighted recommendations to include and adopt the following Resolution entitled:

Resolution No. R2M23-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA, APPROVING GENERAL PLAN TEXT AMENDMENT AMD-23-08, AN AMENDMENT TO THE LAND USE AND COMMUNITY DESIGN CHAPTER OF THE CITY OF ALHAMBRA GENERAL PLAN, VISION 2040; GENERAL PLAN MAP AMENDMENT AMD-23-07, AN AMENDMENT TO THE CITY OF ALHAMBRA GENERAL PLAN LAND USE MAP; AND ADOPTING THE INITIAL STUDY/NEGATIVE DECLARATION FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

CONSENT AGENDA (Item Nos. 5 – 24)

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.         AWARD CONTRACT: PURCHASE OF WATER METERS – F2M23-6B, C2M23-91, M2M23-199

Every year, the Utilities Department implements a water meter replacement program to replace broken, old, and inaccurate water meters throughout the City.  Water meters are also required for new development and to complete meter installations for the Advanced Metering Infrastructure (AMI) System.  Replacement of water meters is critical to ensure meter accuracy for billing.  At this time, staff needs to order meters to place into inventory to enable the meter replacement program for the AMI system. The Sensus Flexnet System is utilized in Alhambra to read the water meters on a bi-monthly basis. Thirkettle Corporation dba Aqua-Metric Sales Company is the sole distributor in the State of California of Sensus Meters, which is the meter supported by the Sensus Flexnet AMI System.

Recommended Action:           City Council award a contract, subject to final language approval by the City Manager and City Attorney, by and between the City of Alhambra and Thirkettle Corporation dba Aqua-Metric Sales Company, for the purchase of water meters and accessories in an amount not to exceed $250,000.00; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-199)

6.         CONTRACT AMENDMENT: ALMANSOR COURT EXTERIOR IMPROVEMENT PROJECT – F2M23-41, C2M23-46, M2M23-200

At the June 26, 2023, City Council meeting, Tom’s Construction was awarded a contract to make improvements as part of the Almansor Court Exterior Improvements Project for $299,215.00. Staff received a request for change orders in the amount of $47,500.00 due to unforeseen additional work that was not included in the original agreement. The work included the following: repainting the metal/plastic rear glass section of the banquet hall; painting the top trim/crown and metal cap around the Almansor Court building; repairing rusted metal gates; replacing broken roof tile; painting of 6 metal bollards; and, removing and repour concrete in the path of travel areas. American Rescue Plan Act (ARPA) funding is available to cover the additional cost associated with the change orders.

Recommended Action:        City Council approve a contract amendment, subject to final language approval by the City Manager and City Attorney, to the contract with Tom’s Construction (C2M23-46) for change orders, which will increase $47,500.00 to the agreement not to exceed $346,715.00; and, direct staff to undertake the steps necessary to finalize the Council’s action. (M2M23-200)

7.         APPROVAL OF BUDGET AMENDMENT FOR STAFFING IN THE HUMAN RESOURCES DEPARTMENT – F2M23-17, F2M23-2, M2M23-201

City staff was recently informed about the planned retirement of the existing Executive Assistant in the Human Resources Department.   When a vacancy in a position is created within a department, City staff will often take the opportunity to review and evaluate existing staffing structures.  In this case, after reviewing, it was determined that the Department would most benefit from replacing the Executive Assistant position with a Confidential Management Analyst.  Examples of the specialized responsibilities the Confidential Management Analyst – Human Resources would be tasked with include but are not limited to: monitoring and management of the City’s liabilities claims, managing and tracking of the department’s budgetary expenditures and contracts, assisting with workers compensation claims, utilization of best practices to limit City’s exposure to liabilities and risk, and maintaining the City’s property schedule with the City’s existing insurance providers. Staff is requesting the City Council approve an amendment to the FY 2023-2025 Adopted Budget to remove one Executive Assistant – Human Resources position and one part-time Human Resources Technician and add one Confidential Management Analyst – Human Resources position to the Human Resources Department.

Recommended Action:        City Council take the following actions: 1) Approve a budget amendment to remove one full-time Executive Assistant – Human Resources and one part-time Human Resources Technician and add one full-time Confidential Management Analyst – Human Resources in the Human Resources Department; 2) Direct the Finance Director to move forward with the proposed budgetary amendments; and. 3) Direct staff to undertake the steps necessary to finalize the City Council’s action. (M2M23-201)

8.      AUTHORIZE RFP: CONSTRUCTION MANAGEMENT AND CONSTRUCTION INSPECTION SERVICES FOR PEDESTRIAN COUNTDOWN SIGNAL HEADS AT VARIOUS SIGNALIZED INSTERSECTIONS THROUGHOUT THE CITY (FEDERALLY FUNDED PROJECT HSIP-5130(022)) – F2M23-73, RFP2M23-30

On November 13, 2023, the City Council approved the circulation of the Notice of Inviting Bids for construction of the Pedestrian Countdown Signal Head Systems Project at various intersections throughout the City (HSIP-5130(022)). Once installed, these signals will help pedestrians assess if there is sufficient time to cross the street. The project consists of installing countdown signal heads at various intersections throughout the City. Pursuant to the project, staff is seeking to distribute a Request for Proposals for Construction Management and Construction Inspection Services.

Recommended Action:        City Council authorize the distribution of a Request for Proposals for Construction Management and Construction Inspection Services for the Pedestrian Countdown Signal Head at Various Signalized Intersections throughout the City (Federally Funded Project HSIP-5130(022)), with proposals due no later than 4:00 p.m. on January 18, 2024.  

9.     AWARD CONTRACT: PURCHASE OF MOTOROLA MOBILE RADIOS FOR THE POLICE DEPARTMENT – F2M23-6B, N2M23-128, C2M23-92, M2M23-202

On October 23, 2023, the City Council authorized the circulation of a Notice Inviting Bids for the purchase of Motorola mobile radios. The project will upgrade the City’s fifty-seven Police Department mobile radios. On November 16, 2023, the City Clerk received one bid from Motorola Solutions, Inc. in the amount of $424,379.42. The bid includes the Los Angeles County discount of 27% for government agencies. Staff has reviewed the bid and found it is in full compliance and conformance with the bid specifications. 

Recommended Action:        City Council award a contract, subject to final language approval by the City Manager and City Attorney, to Motorola Solutions, Inc. in the amount of $424,379.42 for the purchase of Motorola radios; authorize the Chief of Police to execute said agreement; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-202)

10.       NOTICE OF COMPLETION:  POLICE DEPARTMENT BUILDING ROOFING PROJECT – F2M23-43, C2M23-51, M2M23-203

On June 26, 2023, the City Council awarded a contract to Wiltshire Urethane Foam Company for the Police Department Building Roofing Project in the amount of $320,400.00. There was one change order in the amount of $20,500.00 to cover an additional 100 square feet of roof. The existing rock roof was removed over the Motor’s garage, and it was replaced with the current treatment. 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 Wiltshire Urethane Foam Company for the repair and application of polyurethane foam sealer to the Police Department building roof as complete in the amount of $340,900.00; 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. (M2M23-203)

11.       NOTICE OF COMPLETION:  WELL NO. 12 PUMP REPLACEMENT – F2M23-57, C2M23-56, M2M23-204

On July 24, 2023, the City Council awarded a contract to Tri County Pump Company for the Well No. 12 Pump Replacement in the amount of $103.663.80. There were no change orders authorized to complete the project. The project has been completed in accordance with the City’s requirements and specifications.  As such, it would be appropriate for the City Council to accept the project as complete and instruct the City Clerk that the Notice of Completion be filed with the County of Los Angeles Recorder’s Office.

Recommended Action:        City Council accept the work of Tri County Pump Company. for the Well No. 12 Pump Replacement as complete in the amount of $103,663.80; 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 five percent 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. (M2M23-204)

12.       RESOLUTION APPROVING A REQUEST TO AMEND THE ALHAMBRA HISTORICAL SOCIETY’S BYLAWS AND DETERMINE THIS ACTION IS EXEMPT FROM CEQA – F86-191, F2M21-54, R2M23-57

The Alhambra Historical Society was founded in 1966 with the objective to encourage and promote the research and study of history and its relationship to the population and the development of Alhambra and the surrounding San Gabriel Valley.  On September 28, 1992, the City Council adopted Resolution No. R92-46, in which the City assumed responsibility for operating the Alhambra Historical Society Museum and created the Museum’s Board of Directors. The Alhambra Historical Museum displays a collection of artifacts related to the City of Alhambra’s history housed in an eleven-room museum located at 1550 W Alhambra Road (corner of Alhambra Road and Bushnell Avenue). The Historical Society’s bylaws were last amended on January 22, 1992. Pursuant to a 1992 agreement between the City and the Historical Society, any change to the by-laws requires City Council approval.   On November 6, 2023, the Historical Society submitted a draft of its proposed revised bylaws to the City Clerk’s Office. Adopting the proposed resolution will approve the new by-laws and supersede any inconsistencies in the 1992 Agreement between the City and the Historical Society.

Recommended Action:        City Council adopt Resolution No. R2M23-57 entitled: A Resolution of the City Council of the City of Alhambra approving a request of the Alhambra Historical Society to amend its bylaws recommending that the Alhambra Historical Society’s proposed bylaws be adopted and determine this action is exempt from the California Environmental Quality Act.  

13.       ACCEPT DONATION: ALHAMBRA CIVIC CENTER LIBRARY – F2M23-12, M2M23-205

Staff requests that the City Council accept the gift of $10,000 from the Alhambra Public Library Foundation to be used to support the purchase of materials to be circulated via the Emery Park book locker and vending machine. The funds will be utilized to purchase books and materials in the three primary community languages for circulation. The book locker and vending machine will be purchased with grant funds from the State of California.

Recommended Action:        City Council accept a $10,000 donation from the Alhambra Public Library Foundation to support the purchase of materials to be circulated via the Emery Park book locker and vending machine; appropriate revenue and expenditure funds in the amount of $10,000; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-205)

14.       ACCEPT DONATION: ALHAMBRA CIVIC CENTER LIBRARY 2024 SUMMER READING PROGRAM – F2M23-12, M2M23-206

Staff requests that the City Council accept the gift of $27,000 from the Alhambra Public Library Foundation to be used to support the Library’s 2024 Summer Reading Program. The generously donated funds will be used to provide marketing and outreach, books for giveaway, program incentives, a slate of programming by outside vendors, and programming refreshments.

Recommended Action:        City Council accept a $27,000 donation from the Alhambra Public Library Foundation to support the Library’s Annual Summer Reading Program; appropriate revenue and expenditure funds in the amount of $27,000; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-206)

15.       NOTICE INVITING BIDS: ALMANSOR GYMNASIUM WINDOW REPLACEMENT PROJECT – F2M23-77, N2M23-147

The original windows installed in 1951 have reached the end of their usable life and need replacement. The Almansor gymnasium needs double-pane energy-efficient windows to replace existing windows. Specifications and bid documentation have been completed for the Almansor Gym Window Replacement Project. The project will include new windows and repair window closures. Bids are due no later than 10:30 a.m. on January 25, 2024, in the office of the City Clerk and will be opened at 11:00 a.m. that same day.   

Recommended Action:        City Council authorize staff to circulate a Notice Inviting Bids to prospective contractors for the Almansor Gymnasium Window Replacement Project; and, direct staff to undertake the steps necessary to finalize Council’s action.

16.        CONTRACT AMENDMENT: LAND MANAGEMENT AND PERMITTING SOFTWARE SYSTEM – F2M18-21, C2M18-60, M2M23-208

In 2018, the City Council awarded a contract to Tyler Technologies, Inc. for the development of a new land management and permitting software system. Tyler Technologies developed a custom system for Alhambra that officially launched in 2020. The online system provides 24/7 access to property information and provides the public the ability to apply for, pay, and receive permits online. On December 12, 2022, the City Council approved a one-year contract Amendment with Tyler Technologies, Inc. to provide a “client services account manager” through the Energov Assist Complete program. The City has benefited from the program by completing required configuration changes and strategic planning for system updates. The City’s land management software has undergone several configuration improvements over the last year and can benefit from additional modifications related to process streamlining and future upgrades. It is requested the City Council approve a Second Amendment for an additional 3 years, through November 30, 2026, to align with the master contract for the overall Tyler online permitting system.

Recommended Action:        City Council approve a Second Amendment, subject to final language approval by the City Manager and City Attorney, with Tyler Technologies, Inc. for an additional 3 years through November 2026 in an amount not to exceed $264,810 for account management services related to the City’s land management and permitting software system; and, direct staff to undertake the steps necessary to finalize the Council’s action. (M2M23-208)

17.     CONSIDERATION OF A SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WITH AMERICAN FAMILY HOUSING FOR A PROPOSED 50 UNIT AFFORDABLE HOUSING PROJECT IN DOWNTOWN ALHAMBRA – F2M19-39, R2M20-40, M2M23-209

In November 2020, the City Council approved a DDA with American Family Housing to build a 50-unit affordable housing project on a City owned parcel currently used as a surface parking lot in the downtown district between 1st and 2nd Streets, south of Main Street between Rick’s and the AT&T building.  In January 2022, the City Council approved a First Amendment to the DDA clarifying 29 public parking spaces. Since then, the City has granted AFH several extensions (first, to November 15, 2022, then to December 30, 2022, then to August 31, 2023 and finally to November 30, 2023) to obtain all necessary funding for constructing the project. To date, AFH has made several efforts to obtain financing. In 2022, AFH was awarded 4% tax credits from the State; however, they returned the allocation due to rising construction costs, and applied for larger tax credit allocations. In 2023 AFH applied for 9% State tax credits but were not successful in receiving funding from the State.  Moving forward in 2024, AFH’s plan is to reapply for 4% tax credit with the State and also partnering with Los Angeles County to increase the County’s share of funding towards the project. As a result, a Second Amendment to the DDA is being presented to update the terms including but not limited to: Time: Extending the DDA financing deadline to 8/31/2024 (if financing is not obtained, City may terminate the DDA.); Partnership: Reassign the partner from National Core to VP Mariposa LLC; and, Construction timeline: The construction time frame will be increased from 16 months to 20 months. Subsequently, once AFH obtains additional County funding and State Tax Credits, a Third Amendment will be brought back for the Council to consider that will reflect the new funding sources and revise the unit counts from 25 units to 35 units of extremely low-income units and from 24 units to 14 low-income units as a result of the funding sources.

Recommended Action:        City Council approve a Second Amendment, subject to final language approval by the City Manager and City Attorney, to the Disposition and Loan Development Agreement (DDA) with American Family Housing (AFH); and, direct staff to undertake the steps necessary to finalize the Council’s action, including, but not limited to the execution and recordation of all documents contemplated by the DDA. (M2M23-209)

18.     RESOLUTION: AUTHORIZATION TO ENTER INTO AGREEMENT WITH THE STATE OF CALIFORNIA FRANCHISE TAX BOARD – F2M23-16, R2M23-56

California Revenue and Taxation Code (R&TC) Section 19551.1 authorizes the reciprocal exchange of limited tax information between a city and FTB. R&TC Section 19551.5 mandates cities provide city business licensing and tax information to FTB upon request.  FTB recommends the City adopt a resolution executing the reciprocal agreement between FTB and the City of Alhambra.  The data exchange helps FTB find businesses who do not file income tax returns, and it helps the City identify unlicensed businesses within the jurisdiction. There are no costs to either party for the reciprocal agreement; it will assist, however, with generating more business license revenues.   

Recommended Action:        City Council adopt Resolution No. R2M23-56 entitled: A Resolution of the City Council of the City of Alhambra authorizing the City Manager to execute Agreement with the State of California Franchise Tax Board authorizing the City Manager to execute a reciprocal agreement with the State of California Franchise Tax Board (FTB) for the exchange of tax data between the FTB and the City specific to City business license information for tax administration purposes; and, direct staff to  undertake the steps necessary to finalize Council’s action. 

19.       RESOLUTION APPROVING CHANGES TO THE CITY OF ALHAMBRA COMPENSATION PLAN AND SALARY SCHEDULE FOR PART-TIME JOB CLASSIFICATIONS AND APPROVAL OF A PART-TIME FIRE PARAMEDIC INTERN CLASS SPECIFICATION – F2M23-3, R2M23-55, M2M23-210

California Public Employees’ Retirement Law requires the City Council to approve and adopt salary schedules and pay rates for job classifications at a public meeting. Effective January 1, 2024, the State of California Department of Industrial Relations Minimum Wage Order mandates that minimum wage for employers with 26 or more employees, increase from $15.50 per hour to $16.00 per hour. The proposed Resolution provides for salary increases for part-time hourly classifications to ensure compliance with the upcoming State of California mandated minimum wage increase. Additionally, the proposed Resolution includes the class specification for a part-time Fire Paramedic Intern for Council’s approval. In staff’s continued efforts to identify and develop opportunities to recruit and attract sworn Firefighter/Paramedics to the Fire Department, a new part-time class specification entitled Fire Paramedic Intern was created. To qualify as a part-time Fire Paramedic Intern, a candidate must be an existing Fire Cadet within the Fire Department’s Cadet Program. This position will allow a limited number of candidates within our Fire Cadet program to be compensated at a part-time hourly rate while attending Paramedic school and training within the Fire Department’s Cadet Program.  

Recommended Action:        City Council adopt Resolution No. R2M23-55 entitled: A Resolution of the Alhambra City Council approving changes to the City of Alhambra Compensation Plan and Salary Schedule for part-time job classifications and approval of part-time Fire Paramedic Intern Class Specification; and, direct the Finance Director to make necessary budget adjustments within the Fiscal Year 2023-24 and 2024-25 adopted budget to comply with the State mandated minimum wage increase and to enable the hiring of part-time Fire Paramedic Interns. (M2M23-210)

20.       CONTRACT AMENDMENT: PURCHASE OF A TORO GROUNDMASTER RIDING MOWER – F2M21-6A, C2M21-52, M2M23-211

At the September 27, 2021, City Council meeting, Turf Star Western Inc. was awarded a contract to purchase a Toro Groundmaster Riding Mower for $84,606.66. Due to supply chain issues the mower was on order but was not available for delivery. On November 8, 2023, staff received the revised surcharge price increase invoice from Turf Star Western Inc. for $95,801.96 as a “materials surcharge”. The original contract award was based on piggyback pricing through Sourcewell. The new piggyback pricing includes the surcharge as delineated in the attached quote. 

Recommended Action:        City Council approve a contract amendment, subject to final language approval by the City Manager and City Attorney, to the contract with Turf Star Western Inc. (C2M21-52) for the purchase of one Toro Groundmaster riding mower, which will increase $11,195.30 to the agreement not to exceed $95,801.96; and, direct staff to undertake the steps necessary to finalize the Council’s action. (M2M23-211)

 21.       AWARD CONTRACT: COMMUNITY RISK REDUCTION BILLING SERVICES – F2M23-71, RFP2M23-26, C2M23-93, M2M23-213

On October 23, 2023, the City Council approved the distribution of a Request for Proposals (RPF) for Community Risk Reduction (CRR) billing services. There were two proposals received. Staff reviewed and evaluated the proposals based on the requirements of the RFP which included qualifications, experience, costs, approach, references, and quality. Wittman Enterprises, LLC was determined as best suited for the City’s needs and proposed the lowest rate. The term of the proposed agreement with Wittman will be for three years, effective January 1, 2024, and will renew on January 1, 2027 for two terms of one-year each pursuant to satisfactory performance. 

Recommended Action:        City Council award a contract, subject to final language approval by the City Manager and City Attorney, to Wittman Enterprises, LLC for billing services for a three-year period with an option for two (2) one-year contract extensions; authorize the City Manager to execute the extensions if the services are satisfactory; authorize the City Manager or designee to execute the necessary documents; and, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-213)

22.       PERSONNEL ACTIONS – F2M23-2

 Recommended Action:        City Council ratify the actions of the City Manager set forth in that certain Personnel Actions document dated December 11, 2023 showing the various appointments, classifications, salary changes, etc., since the last City Council meeting.

23.       DEMANDS - F2M23-1

Recommended Action:        City Council approve as submitted Final Check List (243000 thru 243002) in the amount of $76,126.90 for the period ending September 21, 2023 and Schedule of Wire Transfers in the amount of $1,695,140.75 for the week ending September 15, 2023; Final Check List (8697 thru 8720) in the amount of $1,182.50 for the period ending September 26, 2023; Final Check List (243003 thru 243147) in the amount of $1,659,647.40 for the period ending September 28, 2023 and Schedule of Wire Transfers in the amount of $25,000.00 for the week ending September 22, 2023; Final Check List (243148 thru 243148) in the amount of $181.06 for the period ending September 28, 2023; Final Check List (243149 thru 243319) in the amount of $61,901.92 for the period ending October 3, 2023 and Schedule of Wire Transfers in the amount of $2,096,832.31 for the week ending September 29, 2023; and, Final Check List (243320 thru 243446) in the amount of $664,652.17 for the period ending October 5, 2023.

24.       ADOPTION OF AN URGENCY ORDINANCE REGULATING MEDICINAL CANNABIS DELIVERY-ONLY RETAILERS – F2M23-78, O2M23-4824, M2M23-207

The California Legislature adopted Senate Bill 1886 (“SB 1186”) in 2022, entitled the Medicinal Cannabis Patients’ Right of Access Act, which precludes cities and counties from adopting or enforcing regulations that prohibit or have the effect of prohibiting the retail sale of medicinal cannabis by delivery. SB 1186 takes effect on January 1, 2024. SB 1186 allows cities and counties to adopt and enforce reasonable regulations on the retail sale by delivery of medicinal cannabis, including zoning requirements. Adoption of the permanent regulations must occur after the adoption of the new Zoning Code. The City Council opened the public hearing on the adoption of the Zoning Code update on November 13, 2023, and the matter is still under consideration by the Council. An ordinance establishing permanent regulations on medicinal cannabis delivery-only retailers was presented to the Planning Commission at its November 20, 2023 meeting and the Commission recommended Council adoption of that ordinance. The proposed urgency ordinance contains the same substantive regulations that were presented to the Planning Commission in the draft permanent ordinance. If the urgency ordinance is not adopted, the City will not have regulations in place by January 1, 2024. As of that date, the City’s prohibition on medicinal cannabis delivery-only retailers will be unenforceable, and without regulations on such businesses in place a business of this kind could locate anywhere in the City, and the City would have no regulations in place to govern their location and operation.

The proposed ordinance would allow a delivery-only retailer of medicinal cannabis to be a conditionally permitted use in the Industrial zone. The retailer must only sell medicinal cannabis; the retail sale of adult-use (e.g., recreational) cannabis would remain prohibited. As a delivery-only business, there would be no storefront operations (no walk-in customers). The proposed ordinance also includes separation requirements for such businesses. A conditional use permit for a medicinal cannabis delivery-only retailer cannot be issued for any parcel that is within 600 feet of a school, park, licensed daycare facility, youth center, or licensed drug or alcohol rehabilitation facility, or within 1,000 feet of any parcel where another medicinal cannabis delivery-only retailer is operating. The ordinance also proposes that an annual business regulatory permit be required for such businesses. The proposed ordinance includes operational standards for these businesses. These include security requirements, odor control measures, and a requirement that product not be visible from the exterior of the property. Failure to comply with the operational requirements could result in the regulatory permit being suspended, revoked or not renewed.

Recommended Action:        City Council, by one motion, take the following actions:

1.         Adopt by a 4/5 vote of the City Council the following urgency ordinance entitled:

Ordinance No. O2M23-4824: An Urgency Ordinance of the City Council of the City of Alhambra, California enacted pursuant to California Government Code Sections 36937 and 65858 adopting an interim Urgency Ordinance to Implement California Law governing medicinal cannabis delivery-only retailers within the City

after which such ordinance shall go into effect immediately; and,

2.         Direct staff to set a public hearing on an extension of the urgency ordinance (O2M23-4824) for the January 22, 2024 regular City Council meeting; and,

3.         Direct staff to set a public hearing on the ordinance establishing permanent regulations on medicinal cannabis delivery-only retailers for the January 22, 2024 regular City Council meeting. (M2M23-207)

PUBLIC COMMENT FOR NON-AGENDIZED ITEMS (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 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, December 11, 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 meeting. 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 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