Alhambra — 2023-09-25

1. CONSIDERATION OF DEADLINE FOR PLANNING COMMISSION TO REVIEW\nZONING CODE AMENDMENTS – F2M20-37, M2M23-165\nAt the last City Council meeting, the City Council requested that an agenda item be placed\non the Council’s agenda to consider setting a deadline for the Planning Commission to\ncomplete their review of the revisions to the housing element and the proposed zoning\ncode amendments. Even though the Planning Commission has completed its review of\nthe Housing Element, without the completed zoning code updates, HCD will not certify the\nCity’s housing element. Government Code section 65853 provides that when a planning\ncommission has not provided a recommendation on a zoning code amendment within a\nreasonable time, the City Council may require by written notice that the planning\ncommission make its recommendation to the Council within 40 days. Failure to do so shall\nbe deemed a recommendation for approval of the zoning amendment. Staff recommends\nthat the Council discuss whether or not to set a deadline for the Planning Commission to\nmake a recommendation to the City Council on the zoning code updates currently pending\nbefore the Planning Commission. If Council decides to set a deadline, staff should be\n2\n9-25-23\ndirected to transmit that deadline to the Planning Commission in writing.\nRecommended Action: City Council consider establishing a deadline for the\nPlanning Commission to provide a recommendation to the City Council on the updates to\nthe City’s zoning Code and direct staff to transmit the deadline in writing to the\nCommission. (M2M23-165)

10. REJECTION OF BIDS FOR THE FIRE DEPARTMENT STATION 71\nLOCKER/BATHROOM REMODEL PROJECT – F2M23-23, N2M23-77, M2M23-171\nOn August 3, 2023, the City received and opened two bids in response to the Notice\nInviting Bids for the Fire Station 71 Locker/Bathroom Remodel Project. The bids ranged\nfrom $300,000 (Modaa, Inc.) to $467,000 (MLC Constructors, Inc.). As the bid amounts\nare significantly above the $171,634 budget funding available for the project, staff\nrecommends that the City Council reject all bids. Staff will review the scope of work and\nre-advertise the project at a later date.\nRecommended Action: City Council reject the bids received in response to Notice\nInviting Bids No. N2M23-77 for the Fire Department Station 71 Locker/Bathroom Remodel\nProject; and, direct staff to undertake the steps necessary to finalize Council’s action.\n(M2M23-171)

11. TREASURER’S REPORT – F2M23-1\nRecommended Action: City Council receive and file as submitted the Treasurer's\nReport prepared by the Director of Finance for the month of August 2023, listing all of\nthe City's investments as of August 31, 2023.

12. PERSONNEL ACTIONS – F2M23-2\nRecommended Action: City Council ratify the actions of the City Manager set forth\nin that certain Personnel Actions document dated September 25, 2023 showing the\nvarious appointments, classifications, salary changes, etc., since the last City Council\nmeeting.

13. DEMANDS - F2M23-1\nRecommended Action: City Council approve as submitted Final Check List (241298\nthru 241354) in the amount of $243,744.64 for the period ending July 20, 2023; Final\nCheck List (241355 thru 241429) in the amount of $312,626.71 for the period ending July\n7\n9-25-23\n27, 2023 and Schedule of Wire Transfers in the amount of $342,145.65 for the week\nending July 14, 2023; Final Check List (241430 thru 241519) in the amount of $354,613.46\nfor the period ending July 27, 2023 and Schedule of Wire Transfers in the amount of\n$3,699,905.09 for the week ending July 21, 2023; Final Check List (241520 thru 241688)\nin the amount of $61,206.92 for the period ending August 2, 2023 and Schedule of Wire\nTransfers in the amount of $11,973,055.83 for the week ending July 28, 2023; and Final\nCheck List (241689 thru 241726) in the amount of $286,657.00 for the period ending July\nAugust 3, 2023.

2. CONSIDERATION OF AN URGENCY INTERIM ZONING ORDINANCE PROHIBITING\nTHE ESTABLISHMENT OF NEW FIREARM SALES BUSINESSES; FIRST READING\nOF AN ORDINANCE REQUIRING SAFE STORAGE OF FIREARMS; AND FIRST\nREADING OF AN ORDINANCE PROHIBITING THE CARRYING OF FIREARMS ON\nPUBLICLY OWNED PROPERTY AND DETERMINE THAT THESE ACTIONS ARE\nEXEMPT FROM CEQA – F2M23-7, O2M23-4818, O2M23-4819, O2M23-4820\nAt the September 11, 2023 City Council meeting, Vice Mayor Sasha Renée Pérez\nrequested that a suite of ordinances recently adopted by the City of Monterey Park be\npresented to the City Council for consideration. The Council concurred in agendizing\nthose items for Council consideration. One of the ordinances, a buffer zone ordinance,\nwould require a public hearing before the Planning Commission prior to consideration by\nthe City Council. In light of the delay that presents for adoption, the Council requested an\ninterim urgency ordinance be brought forward for Council’s consideration to potentially go\ninto effect pending the preparation of and hearings on a buffer zone ordinance. Monterey\nPark adopted an ordinance that would prohibit the sales of firearms within certain areas\nof the city—those within 1000 feet of sensitive receptors (residences, schools, community\nresource centers). In those areas where firearm sales are allowed, a conditional use\npermit is required in order to ensure that the sale activity does not have negative impacts\non surrounding uses. Staff intends to study a similar ordinance for Alhambra, which will\nultimately require a public hearing before the Planning Commission and City Council.\nGovernment Code Section 65858 allows for the adoption as an urgency measure of\ninterim zoning regulations that prohibit certain uses while those are being studied for\nadditional regulation. A 4/5 vote of the Council is required to adopt this interim ordinance,\nwhich will last for a period of 45 days. In order to extend the moratorium, a public hearing\nmust be held, at which time the Council can extend the term of the ordinance.\nAdditionally, staff has drafted a safe storage ordinance and an ordinance prohibiting\nfirearms on City property for Council consideration. The safe storage ordinance would add\na new section 9.92.050 to the Alhambra Municipal Code entitled “Safe Storage.” The\nproposed ordinance requires any person in a residence within the City to store firearms in\na locked container or disable them with an appropriate safety device in the home. Keeping\na firearm locked when it is not being carried prevents unauthorized users, including\nchildren, from accessing and using firearms which can reduce unintentional discharges,\nfirearm theft, and suicide. The proposed ordinance regarding prohibiting guns on City\nproperty would prohibit (with exceptions for law enforcement personnel) the possession\nof loaded firearms on any City-owned property. That would include, without limitation,\npersons carrying concealed weapons in accordance with valid permits.\nFinally, the City reviewed the environmental impacts of these three Ordinances under the\nCalifornia Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”)\nand the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq.,\nthe “CEQA Guidelines”). These Ordinances are not subject to further review\nenvironmental review because: (1) they will not result in a direct or reasonably foreseeable\nindirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2); (2) there\nis no possibility that the Ordinances themselves may have a significant effect on the\nenvironment (14 Cal. Code Regs. § 15061(b)(3)); and (3) the Ordinances, by themselves,\ndo not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. §\n15378). The Ordinances are for general policies and procedure-making. It can be seen\nwith certainty that there is no possibility that these Ordinances may have a significant\neffect on the environment.\nRecommended Action: City Council consider the following:\n1. Adoption by a 4/5 vote of Ordinance No. O2M23-4818 entitled: AN URGENCY\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA,\nENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858,\nADOPTING AN INTERIM ZONING ORDINANCE TEMPORARILY PROHIBITING\nTHE ESTABLISHMENT OF NEW FIREARM SALES BUSINESSES IN THE CITY\n2. Introducing for first reading Ordinance No. O2M23-4819 entitled: AN ORDINANCE\nOF THE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA, ADDING\nSECTION 9.92.050 “SAFE STORAGE” TO THE ALHAMBRA MUNICIPAL CODE TO\nREQUIRE THE SAFE STORAGE OF FIREARMS; and,\n3. Introducing for first reading Ordinance No O2M23-4820 entitled: AN ORDINANCE OF\nTHE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA, ADDING\nCHAPTER 13.18 “FIREARMS PROHIBITED ON PUBLIC PROPERTY” TO THE\nALHAMBRA MUNICIPAL CODE

3. AWARD CONTRACT: PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE\nGREEN STREET DEMONSTRATION STORMWATER CAPTURE PROJECT ON MAIN\nSTREET – F2M23-56, RFP2M23-21, C2M23-77, M2M23-164\nOn July 24, 2023, the City Council approved the distribution of a Request for Proposals\nfor Engineering Design Services for the Green Street Demonstration Project on Main\nStreet. A green street is a stormwater management approach that incorporates vegetation\n(perennials, shrubs, trees), soil, and engineered systems (e.g., permeable pavements) to\nslow, filter, and cleanse stormwater runoff from impervious surfaces (e.g., streets,\nsidewalks). There were three proposals received for the project. A review committee\ncomprised of three staff members reviewed the submitted proposals. Staff evaluated the\nproposals based on qualifications, experience, references, technical approach,\nresponsiveness and cost. CWE was selected as the most responsive firm.\nRecommended Action: City Council award a contract, subject to final language\napproval by the City Manager and City Attorney, by and between the City of Alhambra and\nCWE for Engineering Design Services for the Green Street Demonstration Project on Main\nStreet in an amount not to exceed $580,800.00; and, direct staff to undertake the steps\nnecessary to finalize Council’s action. (M2M23-164)

4. NOTICE OF COMPLETION: 2022 CDBG STREET IMPROVEMENTS PROJECT –\nF2M22-68, C2M23-7, M2M23-166\nOn January 23, 2023, the City Council awarded a contract for the 2022 CDBG Street\nImprovements Project to Toro Enterprises Inc in the amount of $1,353,282.00. Two\nchange orders were issued for a total amount of $158,017.60. The change order was\nissued for the installation of additional curb & gutter, concrete driveway aprons and\nsidewalk repairs. The total cost of the project was $1,511,299.60. This project has been\ninspected by staff and all work has been completed in accordance with the City’s\nrequirements and specifications. As such, it would be appropriate for the City Council to\naccept this project as complete and instruct that the Notice of Completion be filed with the\nCounty of Los Angeles Recorder’s Office.\nRecommended Action: City Council accept the work of Toro Enterprises Inc. for the\n2022 CDBG Street Improvements Project in the amount of $1,511,299.60 as complete;\ndirect the City Clerk to file a Notice of Completion with the County of Los Angeles for\nrecordation; instruct the Finance Director to release the 5% retention 35 days from the\ndate of recordation if no liens are filed; and, direct staff to undertake the steps necessary\nto finalize Council’s action. (M2M23-166)

5. HUD 2022-2023 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION\nREPORT (CAPER) – F2M7-84, M2M23-167\nEach year, the City of Alhambra is required by the Department of Housing and Urban\nDevelopment to prepare a “Performance Report” for the CDBG and HOME programs.\nThis report covers the previous fiscal year’s activities and expenditures. The report also\nhighlights the accomplishments of the year and how the City is achieving progress with\nrespect to the community development goals and objectives outlined in the One-Year\nAction Plan and the Five-Year Consolidated Plan. Staff requests that the City Council\napprove the 2022-2023 Consolidated Annual Performance and Evaluation Report\n(CAPER) and direct staff to submit the report to the U.S. Department of Housing and\nUrban Development (HUD).\nRecommended Action: City Council approve the 2022-2023 Consolidated Annual\nPerformance and Evaluation Report (CAPER) and direct staff to submit the report to HUD.\n(M2M23-167)

6. FY 2022-2023 TO FY 2023-2024 CARRYOVERS - F2M22-17, F2M23-17, R2M23-49\nStaff requests that the City Council adopt a resolution approving certain fiscal year-end\ncarryovers from fiscal year 2022-2023 to fiscal year 2023-2024 and the reappropriation of\noutstanding encumbrances at the close of the fiscal year 2022-2023.\nRecommended Action: Council adopt Resolution No. R2M23-49 entitled: A\nResolution of the Alhambra City Council approving those certain fiscal year-end\n5\n9-25-23\ncarryovers from fiscal year 2022/23 to fiscal year 2023/24 and reappropriation of\noutstanding encumbrances at the close of the fiscal year 2022/23

7. AWARD CONTRACT: TOPTRACER SERVICES PROGRAM – F2M22-49, C2M23-78,\nM2M23-168\nTOPTRACER Range, owned by TopGolf USA, features video monitors mounted in the\ntraditional driving range bay. They are connected to cameras that track golf ball flight and\nreplicate it on the screen, along with an array of statistics. On June 27, 2022, the City\nCouncil approved a 1-year agreement with TopGolf USA Inc.; however, the remaining\nyears of this agreement were not executed due to ongoing price negotiations. Those\nnegotiations have now been settled; therefore, staff is requesting the Council award a new\n5-year agreement for the current equipment, plus the addition of TopTracer on the upper\ndecks of the driving range as well. The addition of TOPTRACER equipment enhances\nand increases participation and revenue at the Alhambra Driving Range. TopGolf USA\nInc. TOPTRACER is a sole-source service provider as it is a proprietary program.\nRecommended Action: City Council award a contract, subject to final language\napproval by the City Manager and the City Attorney, by and between the City of Alhambra\nand TopGolf USA Inc. for the installation and use of proprietary golf-ball tracking software,\nvideo monitors, and cameras in an amount not to exceed $376,294.20 commencing on\nJuly 1, 2023 through June 30, 2028; and, direct staff to undertake the steps necessary to\nfinalize Council’s action. (M2M23-168)

8. REJECTION OF BIDS FOR THE FIRE STATION 73 KITCHEN REMODEL PROJECT –\nF2M23-49, N2M23-61, M2M23-169\nOn July 13, 2023, the City received four bids in response to the Notice Inviting Bids for the\nFire Station 73 Kitchen Remodel Project. The bids ranged from $172,800 (Premo\nConstruction Inc.) to $438,000 (Urban Professional Builders Inc.). As the bid amounts are\nsignificantly above the $100,000 budget funding available for the project, staff\nrecommends that the City Council reject all bids. Staff will review the scope of work and\nre-advertise the project at a later date.\nRecommended Action: City Council reject the bids received in response to Notice\nInviting Bids No. N2M23-61 for the Fire Department Station 73 Kitchen Remodel Project;\nand, direct staff to undertake the steps necessary to finalize Council’s action. (M2M23-\n169)

9. CONTRACT AMENDMENT: OFFICER SAFETY PLAN 7 – F2M23-6B, C2M23-1,\nM2M23-170\nOn January 9, 2023, the Council awarded a contract to Axon Enterprises, Inc. for the\nOfficer Safety Plan 7, which integrates in-car mobile audio video system (MAVS), body-\nworn camera (BWC) system, digital evidence management software, and Taser 7 in an\namount not to exceed $1,031,582 over five years. Recently, Axon made available an\nintegrated unmanned aircraft system (UAS) platform for public safety know as Axon Air.\nThis system delivers secure wireless livestreaming to provide critical situational\n6\n9-25-23\nawareness and improve outcomes for public safety and communities totaling $51,638.30\nover a five-year contract. Staff is seeking to amend the current contract to allow for the\npurchase of Axon Air. In addition, staff is seeking to amend the contract period to five\nyears through October 2028\nRecommended Action: City Council authorize the City Manager to execute an\namendment, subject to final language approval by the City Manager and City Attorney, to\nthe agreement with Axon Enterprises, Inc. (C2M23-1) to include Axon Air software\nlicensing to existing services provided by Axon Enterprises, thus increasing the contract\namount by $51,638.30; authorize the City Manager to execute any additional\ndocumentation to extend the amendment to October 2028, subject to satisfactory firm\nperformance and future budget allocations; and, direct staff to undertake the steps\nnecessary to finalize Council’s action. (M2M23-170)