MINUTES Regular Meeting ALHAMBRA CITY COUNCIL November 13, :30 p.m.

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1 MINUTES Regular Meeting ALHAMBRA CITY COUNCIL November 13, :30 p.m. Unofficial until approved by the City of Alhambra ROLL CALL: At 5:32 p.m., on Tuesday, November 13, 2012, the Alhambra City Council met in the Council Chambers of the Alhambra City Hall. PRESENT: ABSENT: SHAM, PLACIDO, AYALA, MESSINA YAMAUCHI (entered at 5:53 p.m.) Officials Present: City Manager Fuentes, Assistant City Manager/Personnel Director Bacio, Assistant City Attorney Richman, City Clerk Myles, Assistant City Manager/Director of Administrative Services Schultz, Assistant City Manager/Director of Development Services Swink, Chief of Police Yokoyama, Fire Chief Walker, Director of Finance Espinoza, Director of Community Services Jarvis, Director of Public Works Chavez, Library Director Hernandez, Deputy City Manager Keating, Assistant to the City Manager Paulson FLAG SALUTE: Led by Mayor Messina READING OF ORDINANCE TITLES Government Code Section 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. Action Taken: On motion of Dr. PLACIDO, seconded by Mr. AYALA, the City Council determined that the titles to all ordinances which appear on this public agenda have been read, and waived further reading. Hearing no objections, the Mayor so ordered. PRESENTATION 1. UPDATE REGARDING A PROPOSED COMMERCIAL DEVELOPMENT AT DATE AVENUE & COMMONWEALTH AVENUE BY CFT DEVELOPERS F2M11-51 Staff wished to update the City Council regarding a proposed commercial development at the southwest corner of Date and Commonwealth Avenues. City Manager FUENTES reported that CFT Developers, LLC was interested in purchasing the vacant property owned by the former Alhambra Redevelopment Agency located on the south side of Commonwealth Avenue just east of the Date and Commonwealth intersection. CFT Developers already owns the property to the immediate east and west of the City s parcel and would like to consolidate a total of four parcels to create a new restaurant/retail development consisting of two nationally known fast food drive-thru establishments as well as additional eateries and retail uses. The center would be built on approximately 2.5 acres of land with a total of three buildings and associated parking 1

2 for the site, since that presentation the proposed layout for the project had changed and more details were available regarding the tenants that had been secured thus far. He added that staff was working on a draft agreement with CFT Developers and would be ready to present to the City Council for review at an upcoming meeting in December. In the spring of 2013, staff would recommend to the Oversight Board that the property be sold to CFT Developers. Mr. Charlie SHEN, a representative with CFT Developers, LLC, gave a PowerPoint presentation regarding the updates to the proposed project at Date and Commonwealth Avenues. A copy of this presentation is on file in the City Clerk s Office. He explained that the changes made to the design of the project since it was last presented to the City Council were based on the requirements of the tenants CFT had secured thus far. Three of the tenants that had been secured were McDonalds, Panera Bread and Wing Stop. He pointed out that the center still would have three buildings and that the McDonalds building remained the same as initially proposed. The center was a total of 21,000 square feet with 151 parking spaces. Building one housed the McDonalds and was approximately 3,800 square feet; building two was approximately 8,500 square feet and would contain Panera Bread at approximately 3,800 square feet with the remaining square feet being used for a Wing Stop restaurant. The third building would be approximately 8,800 square feet and be able to accommodate six restaurant and/or retail uses. Mr. FUENTES explained that initially a public plaza was planned for the corner of Date and Commonwealth Avenues, but this concept had been eliminated due to Panera Bread s need for a drive thru window service. Mayor MESSINA asked what type of retail uses CFT Developers hoped to bring to the center. Mr. SHEN explained that the majority of the retail tenants CFT worked with were national brand tenants such as Radio Shack and Game Stop. Dr. PLACIDO asked if there was landscaping to provide shading for the parking lot and also wished to know where employees for the various establishments at the center would park. He noted that it was his understanding, with respect to the employee parking, that the 32 spaces located on the lower parking level would be gated and used for employee parking. This would allow all of the surface level parking to be free for customers to use. He asked Mr. Shen if this was indeed CFT Developers plan. Mr. SHEN replied that CFT currently did not have a specific plan to address employee parking, but that he was open to the option Dr. Placido had just outlined. Dr. PLACIDO wondered if there was space designated for the delivery trucks that would be servicing the various restaurant and retail uses and also asked if the outside dining areas allocated for the eatery uses were within the footprint of the tenants total square footage. Responding, Mr. SHEN noted that typically deliveries for restaurants occurred in the early morning or late evening hours and therefore, he did not anticipate such activities to interfere greatly with the parking or traffic flow at the center. He added that CFT would develop a plan to address deliveries. With respect to the outdoor dining, he noted that the square footage totals presented included the interiors of the units, not the outdoor dining areas. Dr. PLACIDO asked if monument signage would be used to advertise the businesses/restaurants within the center and where the signs would be located. Mr. SHEN stated that CFT hoped to place monument signage on Date Avenue and Commonwealth Avenue. Dr. PLACIDO concluded by stating that he would like to see a final list of tenants brought back to the Council for review. Mr. FUENTES noted that review of the selected tenants would be a part of the agreement the City was drafting with CFT Developers and that the project, once it was finalized, would also have to be approved by the Design Review Board and Planning Commission. 2

3 Mr. AYALA asked if the McDonalds contained a play area and, if so, would its existence have an impact on traffic and parking at the center. He also noted that the drive-thru for El Pollo Loco restaurant at nearby Fremont Plaza, due to its location, caused confusion for vehicles and near-misses in terms of vehicle collisions. He stated that he did not wish to see a similar situation for the proposed project and asked about the drive-thru layouts in CFT Developers plan. He also noted that the color scheme of the plaza was important as well as landscaping and referred Mr. Shen to the The Alhambra as an example of project that excelled in these regards. Mr. SHEN explained that the McDonalds did have a play area, but it was a small pad within the restaurant. Mrs. MESSINA noted that the McDonalds layout for this center was one of their smaller prototypes which meant a smaller play area. Continuing, Mr. SHEN pointed out that there were two street cuts, one on Date Avenue, one on Commonwealth Avenue, which could be used for vehicles to access the Panera Bread drive-thru. He added that vehicles could also access the starting point for this drive-thru using the cut from the Albertson s parking lot to the north. There was also an additional street cut located near the McDonalds on Commonwealth Avenue which would service vehicles wishing to access their drive-thru. He believed these multiple access points, located near the entrances to both drive-thrus, would allow traffic to flow through the center in an orderly fashion. Director of Development Services SWINK explained that because the property was owned by the former Redevelopment Agency, the City was obliged to follow the State s required steps to sell the property to CFT. Once the property was released by the State, the sale of the property would go to the City s Oversight Board for approval. City Manager FUENTES added that although it was a long process to sell the property, staff was committed to working through the City s processes to approve the project i.e. taking the proposal to the Design Review Board and Planning Commission; and, the creation of an agreement between the City and CFT Developers, LLC, contingent upon the approval of the sale of the property by the Oversight Board. The development agreement between the City and CFT Development, LLC would also be brought to the City Council for approval. Action Taken: City Council received and ordered filed the report. CLOSED SESSION & CITY ATTORNEY ANNOUNCEMENT re SAME - F2M12-14 Assistant City Attorney RICHMAN identified those items listed on this evening s agenda which would be discussed in Closed Session as follows: Conference with Real Property Negotiator (Govt. Code Section ): Conference with Legal Counsel--Existing Litigation (Govt. Code Section (a): Flannagan v. City of Alhambra,WCAB No. ADJ (MDR) Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to Govt. Code Section (b): 1 matter. Initiation of litigation pursuant to Govt. Code Section (c):. 3

4 Discussion of Personnel Matters (Govt. Code Section 54957): Conference with City s Labor Negotiator (Govt. Code Section ): whereupon at 6:01 p.m., the City Council moved into closed session pursuant to applicable law, including the Brown Act (Government Code Sec , et seq.) for the purpose of conferring with the City Attorney. RECONVENE: At 7:04 p.m., the City Council moved out of closed session [PRESENT: YAMAUCHI, AYALA, MESSINA; ABSENT: PLACIDO] PLACIDO: At 7:06 p.m. Vice Mayor Placido entered the Council Chambers. CONSENT AGENDA (Item Nos. 2 12) All items listed under the Consent Agenda were considered by the City Council to be routine and, therefore, were enacted by one motion. 2. APPROVE CHANGES TO THE CONDOMINIUM PLAN FOR THE HOWARD STREET TOWNHOMES DEVELOPMENT F2M10-59, M2M On October 8, 2012, the City Council approved the recordation of the Declaration of Covenants, Conditions, and Restrictions and the Condominium Plan for the Howard Street Townhomes Development. On October 23, 2012, a Chicago Title representative contacted staff to explain that in the process of completing their final check and recording, the Condominium Plan was in need of corrections primarily for clarification purposes. Therefore, staff requested that the City Council approve changes to the Condominium Plan for the Howard Street Townhomes Development, as requested by Chicago Title, the recording agency. Action Taken: City Council approved the changes requested by Chicago Title, the recording agency, to the Condominium Plan for the Howard Street Townhomes Development, subject to final language approval by the City Manager and City Attorney; and, directed staff to undertake the steps necessary to finalize Council s action. (M2M12-128) 3. RESOLUTION: INTENT TO VACATE NORTH/SOUTH ALLEY NORTH OF ACACIA STREET BETWEEN MARENGO & ELECTRIC AVENUES F2M12-43, R2M12-32, N2M

5 The Development Services Department received plans for the development of a housing project at the northeast corner of Marengo Avenue and Acacia Street. In order to facilitate the project, a request has been made for the City to vacate the north/south alley, north of Acacia Street between Marengo and Electric Avenues. The alley measures 18 feet in width and 200 feet in depth. Staff requested that the City Council adopt a Resolution of Intent setting a public hearing date for the vacation of the north/south alley, north of Acacia Street between Marengo and Electric Avenues. Action Taken: City Council adopted Resolution No. R2M12-32 entitled City Council of the City of Alhambra Resolution of Intention to vacate a north-south alley, north of Acacia Street between Marengo and Electric Avenues, in the City of Alhambra, California setting Monday, December 10, 2012, at 5:30 p.m., in the Alhambra City Hall Council Chambers, 111 South First Street, as the time and place to duly consider said vacation (Notice No. N2M12-154). 4. AWARD CONTRACT: PURCHASE OF CARBON FILTER MEDIA FOR THE GROUND WATER TREATMENT FACILITY - F2M9-61, C2M12-37, M2M The Groundwater Treatment Facility has fourteen carbon filters. As a part of the treatment process, filter media change-outs must be completed as media is exhausted. The Calgon Filtrasorb 300, manufactured by Calgon Carbon Corporation, is the only filter media that has been approved for use in the facility by the State Department of Public Health Services. Therefore, staff requested that the City Council award a contract to Calgon Carbon Corporation for the purchase of carbon filter media for the Groundwater Treatment Facility. Action Taken: City Council awarded a contract to Calgon Carbon Corporation, subject to final language approval by the City Manager and the City Attorney, in an amount not to exceed $400, for the purchase of carbon filter media for the Ground Water Treatment Facility; authorized the City Manager or his designee to execute said contract; and, directed staff to undertake the steps necessary to finalize Council s action. (M2M12-129) 5

6 5. NOTICE OF COMPLETION: SARAZEN DRIVE MAIN REPLACEMENT PROJECT - F2M12-22, C2M12-22, M2M On June 11, 2012, the City Council awarded a contract to T.A. Rivard Inc. in the amount of $1,571, for Sarazen Drive et al Main Replacement Project. There was one change order issued for this project which resulted in a net decrease of $231, This project was inspected by staff and all work has been completed in accordance with the City requirements and specifications. As such, it was 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. Action Taken: City Council accepted as complete the contract with T.A. Rivard (C2M12-22) for the Sarazen Drive et al Main Replacement Project in the amount of $1,340,624.00; directed the City Clerk to file a Notice of Completion with the County of Los Angeles for recordation; instructed the Finance Director to release the 5% retention 35 days from the date of recordation if no liens are filed; and, directed staff to undertake the steps necessary to finalize Council s action. (M2M12-130) 6. ACCEPTANCE OF A TREE PLANTING GRANT FROM THE LOS ANGELES COUNTY REGIONAL PARK & OPEN SPACE DISTRICT F2M11-63, M2M Staff requested that the City Council accept a grant from the 2012 Competitive Tree Planting Grant Program, sponsored by County Supervisor Michael Antonovich. In May 2012, the Departments of Public Works and Community Services submitted a joint application to help in funding the trees that were lost in the parks, golf course and parkways of Alhambra. The total grant application was $60,000 with Public Works requesting $40, and Community Services requesting $20,000. The grant covers the cost of removal of trees damaged beyond recovery and the planting of 137 new trees. Staff was recently notified that the City s application was approved for the full amount requested. Councilmember AYALA asked if all of the 137 new trees replaced the trees lost during the windstorm. He also wished to know if staff had designated where the new trees were to be planted. Responding, Director of Public Works CHAVEZ stated that staff had designated where the trees were to be planted as it was part of the grant application and that the 137 trees were to replace trees lost or damaged by the windstorm. Action Taken: City Council accepted the 2012 Competitive Tree Planting Grant Program award in the amount of $60,000 from the Los Angeles County Regional Park and Open Space District for the 5th Supervisorial District and reaffirmed the City Manager to sign the documents on behalf of the City. (M2M12-131) 6

7 7. NIB: PURCHASE OF SIX POLICE PATROL VEHICLES - F2M12-6A, N2M Staff requested City Council authorization to circulate a Notice Inviting Bids for the purchase of six police patrol vehicles. The approved budget and Capital Improvement Plan allocates funding for the purchase of replacement police patrol vehicles. With the purchase of this complement of six vehicles, the Police Department will outfit four of the vehicles as black and white patrol vehicles and the remaining two will be used as unmarked vehicles. Action Taken: City Council authorized the circulation of a Notice Inviting Bids (N2M12-155) for the purchase of six (6) police patrol vehicles with bids to be opened on December 6, APPROVE AMENDMENT TO JOINT POWERS AGREEMENT: LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE F2M11-24, C2M11-9, R2M12-31 Staff requested that the City Council adopt a resolution approving the revised Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (LA IMPACT) Joint Powers Agreement (JPA) and authorizing the City Manager to execute the JPA Amendment. Action Taken: City Council adopted Resolution No. R2M12-31 entitled: A Resolution of the City Council of the City of Alhambra, California, approving an amendment to the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force Joint Powers Agreement (JPA), and authorizing the City Manager to Execute the JPA Amendment 7

8 9. APPROVAL OF SECOND AMENDMENT TO REVOLVING LINE OF CREDIT AGREEMENT WITH BANK OF THE WEST F2M10-55, C2M10-32, M2M Staff requested that the City Council approve the Second Amendment to the Revolving Line of Credit Agreement with Bank of the West in the amount of $3 million for one year and authorize the City Manager to execute the Amendment. Action Taken: City Council adopted Minute Order No. M2M as follows: RESOLVED by the Alhambra City Council that this Council hereby: Authorizes the City Manager to execute that certain Second Amendment to Credit Agreement in the amount of $3 million for one year, subject to final language approval by the City Manager and City Attorney, a copy of which Amendment is on file in the office of the City Clerk as Contract No. C2M10-32 and by this reference incorporated herein and made a part hereof as though fully set forth herein; authorizes the City Manager to execute the Agreement; and directs staff to undertake the steps necessary to finalize Council s action. 10. MINUTES Action Taken: City Council reviewed and approved as submitted the Minutes of the October 22, 2012 regular Meeting of the Alhambra City Council. 11. PERSONNEL ACTIONS F2M12-2 Action Taken: City Council ratified the actions of the City Manager set forth in that certain Personnel Actions document dated November 13, 2012 showing the various appointments, classifications, salary changes, etc., since the last City Council meeting. 8

9 Ayes: Noes: Absent: YAMAUCHI, PLACIDO, AYALA, MESSINA NONE SHAM 12. DEMANDS - F2M12-1 Action Taken: City Council approved as submitted Final Check List ( thru ) in the amount of $901, for the period ending October 25, 2012; Final Check List ( thru ) in the amount of $1,015, for the period ending November 1, 2012 and Schedule of Wire Transfers in the amount of $1,429, for the week ending October 19, 2012; and, Final Check List ( thru ) in the amount of $22, for the period ending November 2, CITY ATTORNEY ANNOUNCEMENT: Assistant City Attorney RICHMAN announced that she wished to make a comment for the record. She noted that at the last meeting, a concern was voiced by Mr. Eric Sunada regarding public comment made at the October 22, 2012 Council meeting. Specifically, a speaker was addressing comments to Dr. Placido concerning an election interview conducted by the Pasadena Star-News, and was told by the Mayor that comments needed to be addressed to the meeting Chair. The speaker then resumed addressing Dr. Placido concerning his council campaign, and the Mayor again indicated that addressing Dr. Placido was not proper. The speaker indicated that in the past she had been allowed to address Dr. Placido, and the Mayor indicated that she would not allow that direct address because the City is in an election cycle and that the comments need to be addressed to the meeting chair. When the speaker asked when she could speak to Dr. Placido, the Mayor indicated the speaker could speak to Dr. Placido after the meeting. The speaker then left the podium, although the Mayor did not indicate that she had to leave the podium. Continuing, Ms. Richman explained that the Alhambra Municipal Code at section provides in relevant part that a person addressing the City Council shall address all remarks to the Council as a body and not to any member thereof. Further, no questions shall be asked a Councilperson except through the presiding officer. The Brown Act at Government Code section allows cities to impose reasonable restrictions on the duration and manner of addressing the City Council. Additionally, the Brown Act provides that any member of the public may testify during a meeting on any subject that is within the subject matter jurisdiction of the legislative body. In speaking with the Mayor concerning these issues, she noted that the Mayor had indicated her intent at the October 22, 2012 meeting was not to prohibit the speaker from speaking but rather it was to require that the speaker adhere to the rules concerning public comment, and that is how the City Attorney s office perceived the comments at the time. However, in reviewing the tape of the meeting, she explained the Mayor s reference to enforcing the rule because the City was in an election cycle could be perceived as an improper regulation 9

10 of the content of the speaker s comments. That said, Dr. Placido s campaign is not within the subject matter jurisdiction of the Alhambra City Council, so arguably was not a proper subject for oral communication under the Brown Act. Nevertheless, it could have been perceived that the Mayor s comments were an attempt to stifle the speaker s viewpoint. She stated that the City of Alhambra takes the Brown Act seriously, and does not wish to be perceived as stifling viewpoints of public speakers or in any way violating speakers rights under the Brown Act. She noted that the City Attorney s office would work more diligently in the future with the Mayor to ensure that enforcement of the City s procedures governing public comments do not leave speakers addressing the Council with such a perception. ORAL COMMUNICATIONS F2M12-4 Lola ARMENDARIZ, noting that the Council was adjourning its meeting to 5:30 p.m. on November 19, 2012, in the Ruth Reese Hall of the Civic Center Library, asked about the type of the meeting it would be and what items would be on the agenda. Responding, Assistant City Manager BACIO explained that the meeting would be a study session style meeting and that the agenda for the meeting was still being promulgated. He did not know the specific items that would be on the agenda. Mayor MESSINA added that the meeting was to be twofold: various discussion items on topics the City Council wished to examine and a 710 status update item at 7:00 p.m. Ms. ARMENDARIZ also commented on the low turn-out at the Veterans Day Ceremony at the City s Alhambra Park Veterans Memorial. She suggested that in the future the City should contact the local American Legion Post #139 to find out the details of their Veterans Day Ceremony earlier in order to be able to make an announcement about the event at a televised City Council meeting before Veterans Day. COUNCIL COMMUNICATIONS (ANNOUNCEMENTS & FUTURE AGENDA ITEMS) F2M12-7 Mr. Yamauchi commended the American Legion Post #139 in Alhambra for all of the work they did in the community. He noted that they put forth great effort to help veterans in many ways. He also thanked veterans for all they sacrificed to make help make the daily lives of citizens safe and secure. Mr. Ayala welcomed the student attendees of the City Council meeting in the audience. He offered to speak with any of those in attendance that may have questions or comments after the meeting. He encouraged the students to stay involved and continue to participate in the local government and hoped they would do so throughout their lives. Mayor Messina announced that American Legion Post #139 was hosting a Thanksgiving Dinner event for veterans and their families on Sunday, November 18, She noted that the City was working with Post #139 on gathering names of Alhambra Veterans for the City s Veterans Memorial and she thanked them for their help in this regard. She also congratulated Dr. Placido on his election victory and wished everyone a Happy Thanksgiving. ADJOURNMENT: At 7:18 p.m., there being no further business for the Council to transact, the Mayor, with the consent of the City Council, adjourned their meeting to 5:30 p.m. on November 19, 2012, in Ruth C. Reese Hall (Community Room) at the Alhambra Civic Center Library, 101 South First Street, Alhambra, California. (Notice No. N2M12-158). 10

11 LAUREN MYLES, CMC CITY CLERK 11