CITY OF ALHAMBRA AGENDA ALHAMBRA CITY COUNCIL OCTOBER 23, 2017 .TEMENT. The City of Alhambra io dodieatod to reaponsive, roatve loadorohip| and qualiy services, ensuring desirable neighborhoods and. 3 ‘supportive business ‘environment, while being senstive to the ES e ts lenin 1 am eee] Nie) elo SIU sa NU) irra meLod [3 wR MOT INNE LAT oo) 0 101 110) SCO LNeLUU LD CLUE (oY mods Tn] eC-y MeT= mo) ATO) ULC L Ye Aa JEAQUWIDY Gos] 40} FI gob 1aos To m-leP moe Omar, 2 eo ai- LS Im (A745 eeSe] PE Lait Ileal lg apim Aud eA RL MUIR Cob eL-p Co EELS S19) 9) 72 EJ Lovo Ne YUAN Te COLA py COMO e ASU Pee :10h ames ele es Lemoore Reel eN Ere] ETT Mel aC Anco m Lt Ei OT Seb ae LOR aE hy,H1=xlele hv ol" Laleko 10 fo ae [ZC oe hy Uo ESLUULCeLo}9 it] UIUL Ts es jeaddy uolssiwiwoD Buluuejq —___ JeAaouddy 10}9811q = Beeler micclelohya Ivfo}ESy 100] V Uomo i0) [610d epee |-ved Teoh AVL oP PRI a es) lets elo Loe CCN Rest hg Bossa peeved (ele h MOL lel F Yes (amor meer) (elise le) ies 1-0) les BYULUURB] Le Yq mel eLoe eC lUU Tele) |-Y\C-q aed Vs AE ae oe OO Re Orn Geeta!FoI oLoye MTs Be) NTC) WIPE MeL Ue LT LUPE belt [o}9) Ca Ta] coe ANoLUUE=y RPI MCI P=) ola) LO BLOT LOLS] PAPLUE (0 LULU ns ETTo)\] syafO1g SION I1IGNd ESIBYTTEY aed] °LaYe] Vloyn-aTasieloe) AyD YUM sang |esNJeN WO} Saad, paseadag 10 paseweq vIn Lye] 1 UO) ALC lee le) Slsuondo juawase|day POROUS ROME Le Estee a 2 eae eS cme uolssnasiq/suolsenoD shel eye Roe SCI aren cee vloe ind Jayewselg ,0Z 2UO [rT IUUE-yel dele MUU TA LOO) LUTTTN IPN Dols a 7A) SEX uerey i oL-VACeleE ye Bom L- LUC ld(e Ly eU lane le] Blo mt ele)refit stay At (eF Mi 0) Veo -elUI-AUCo Ul AVC i (OB=I OIL IE LOT (od ora 0e-T: koro Ae ESOT l=) [eee] Co Mol nN [AW e166 hve Moa me ocTa)AMCCO TMU Leelee BIOL IUOcre Mat yM LO) Ley =) (e Loi Mela A011 Ulmer utes lolol ate wl eRe lk- el: ms ENcvlo nolan Ue o ae BOmMU TNE 01s EINE so OPO se=lU cers Ror LULIU Lolly COUNT TARO) NT ee ee ee el 1 eli=) (ol UU erlotsa (ay 10 (e) Pht ]a 0) yafoid JUaWAj}I]Ua Ue 0} payauUUOD S| |eAOWAL |e3aj|! 24} IVESIU Wet LOO L-eW=16) To) lars pe COMO Lol SUL-Ye (Tats --1, 0 m= 11 010 WAC Loe LOAN BreNUCIUU) NaI MA SMULOPL (eT ESTUIT(e UUs MU (oM ok-ti-ts ley) me ULL UL ey [ol LUE i lelo}9) =o B22 laIng JO UoIsuadsns 1824 T ~ JOUeaWIapsIIA| ~ 1UatIEDI0}U 20> ‘nayy-uj quaUlAed “KEN %40S — 221S-UO 9605 — BAIN 10 JEYILNIS 60S ‘3au] Panowlay Jo quawaDe|day Ja¥aWeIG youl 103 YOU siuewojanug Jo 1ed Yay, — sHalOid SHON Di1GNd sann auiang — squang jeimen Aq paseaveg/padeweg ~ saaiy any sajpads 19430 [ly 4@3aWEIC GT JO 1122 07 ‘AEN 12D puE EO JBIEWRIG ,ZT 40 [123 ST pouqiuosd S| Ainfuy/aBeweg v1 2unjnsay Bujunig anissooxg “enamo} “paujnbay Wuued ON, Jeuty jeaddy jpun09 Ay19 — jeaddy uoyssiumw05 SuyUe|g — sa2insas quauidojanag Ajuo Auadosd read — PIN AD, somjeueg enuioy quewiece|doy suonduiaxg 404 pauinbay mused JOysauyL [enowoy Suywuasy 7g Sujunsg quauniedsg AD ‘Aayyigeaiiddy jo easy WVIAUULUU Larstom No, fe “ACENDA REPORT” ‘tit CITY MANAGER APPROVAL: ave: tbe 28,2017 10: Honorable Mayor and Member of the Cy Coun SUBMITTED EY: Mek Yotovama, Cty Marane SUBJECT: CONSIDERATION OF AN INTERIM CITY MANAGER CONTRACT WITH JESSICA BINNQUIST RECOMMENDATION: ite recommended that the City Council approve an Intrim City Manager contract with Jessica [Binnquist to be effective as of November 3, 2017, in afr substantially similar tothe attached drat contract, subject to final language approval by the Cty Attorney. BACKGROUND: ‘On November 2, 2017, I willbe retiing. The City isin the midst ofa recruitment process for my replacement. While that process is underway, itls appropriate forthe City Council to appoint Interim City Manager. ‘The attached Employment Agreement for the Position of Interim City Manager for the City of ‘Alhambra, i approved, appoints Jessica Binnquist asthe Interim City Manager. Ms. Binnguist ‘currently the Assistant Cly Manager and has been withthe City of Alhambra for 8 years, Prior to that she worked inthe City of San Marino for 13 years, “The Agreements sirilar in frm to pri Interim City Manager agreements entered into bythe Cy ‘The Agreement provides that Ms. Binnguat wil receive the same salary ($239, 196) and benefits as the current City Manager. Per Cty Council Resolution R64-182, employees performing nan acting ‘capacity receive the fist step salary ofthe postion they are filing. Per the Resolution that salary can be awarded after 30 days or immediately upon the effective date of the acting appointment. Based upon the anticipated short tenure of the interim appointment, as wel asthe scope of the responsibly being undertaken, itis recommended that the salary change be effective as of November 3, 2017. ‘Once @ permanent City Manager has been found, this Agreement may be terminated by the City Counc, and the Agreement provides that under those circumstances Ms. Binngust wouldretur to thet positon we Avsitanl Cily Manayer FINANCIAL ANALYSIS: ‘Thera is ne increase in costs related to carving out the recommended action, as the salary and benefits are identical to those currently received by the Gity Manager. Itis not anticipated that an Inerim Assistant Cty Manager wil be appointed, so there would be a cost savings during the term ofthe Interim City Manager Agreement, ATTACHMENT: Interim City Manager Employment AgreementEMPLOYMENT AGREEMENT FOR THE POSITION OF INTERIM CITY MANAGER FOR THE CITY OF ALHAMBRA CONTRACT NO, ‘This Employment Agreement AGREEMENT") is made and eniéred into by and between the CITY OF ALHAMBRA, a Charter Law City and Municipal Corporation of the State of California (“CITY”), and JESSICA BINNQUIST (*BINNQUIST”), artindividual, (collectively the “PARTIES”) on the following termand conditions RECITALS A. CITY'seurtent City Mager shall retire from City stvige effective November 2, 2017; os . B, CITY has commenced an opeireeritgnt to permanenly fill tbe vacant postion of City Manager for CITY; ©. __ CITY iit in noed ofan individual withthe knowlege, ils and aiios to temporarily hold he positon Gf INTERIM CITY MANAGER. for CITY (INTERIM CITY MANAGER’) during CEFY'srectitment to permanetly ill th position of City Managers for CTEY.(-CITY COUNCIL”) is empowered pursuant fo the Alhambra City Charter to appointatn INTERIM CITY MANAGER; Bin reeojition ofthe existing pool of talent that exists within the CITY's employees, CITY condiefed an internal recruitment for an INTERIM CITY MANAGER: F, _'As ares of nt erent, CITY COUNCIL wishes o appoint BINNQUIST a the INTERIMCITY MANAGER G___ BINNQUIST-éurrently holds the position of Assistant City Manager for CITY (CASSISTANT CITY MANAGER"), 1H, _ BINNQUIST is uniquely qualified and has the requisite specialized skills, ‘education, training and experience to serve as INTERIM CITY MANAGER; 1. CITY desires to employ the specialized services of BINNQUIST as INTERIM CITY MANAGER in consideration of and subject to the terms, conditions, and benefits set forth inthis AGREEMENT; andJ. BINNQUIST desires to accep temporary at-will employment as INTERIM CITY ration of and subject to the terms, conditions, and benefits st forth inthis OPERATIVE PROVISIONS THEREFORE, in consideration of the above recital and promises and conditions contsined herein, CITY and BINNQUIST mutually agree as flows: 1. Position and Dates, LA Position. BINNQUIST accepts teinporary at-will employment with CITY as INTERIM CITY MANAGER and shall perform all fumetios, duties and services set forth in Seoton .6 [Duis] ofthis AGREEMENT. et 1.2 Term, This AGREEMENT commences and isieffective on November 3, 2017 (COMMENCEMENT DATE’) after being approved by the CITY-COUNCIL, and after being executed both by BINNQUIST and CITY GQUNCIL. Subject to the provisions set forth in Section 3 [Termination], BINNQUIST shall be éployed in the position of INTERIM CITY ‘MANAGER for a term commencing on the COMMENCEMENT DATE. This AGREEMENT shull be in effect until teminated by either BINNQUIST @EICITY as provided in Section 3 {Termination} of this AGREEMENT, 13 ALWill, BIVNQUIST acknowledges that she isan alll employee of CITY ‘who shal serve at the pleasure of the CITY COUNCIL at allies during the peti of her “employment as the INTERIM CITY MANAGER and that her employment may be terminated at any time for any or no reason with or witioieause es provided in Section 3 [Termination of this AGREEMENT and/or by operation of applicable California or federal law. The terms ofthe CITY'spersonnel res, policies, regulations, procedures, ordinances, resolutions, Charter ot Municipal Code, as they’may be amended or supplemented from time to time, (collectively “PERSONNEL POLICIES" shall not apply to BINNQUIST to the extent such PERSONNEL. POLICIES conflict with this at-will stats. 14 No Property Right. Nothing in this AGREEMENT is intended to, or docs, ‘confer upon BENNQUIST aay’ right to any property interest in continued employment, ot any ‘due process right to a heating before or after a decision by CITY to terminate her employment, ‘except as is expressly provided in Section 3 [Termination] of this AGREEMENT and/or by ‘operation of California or federal law. Nothing contained in this AGREEMENT shall in any ‘way prevent, limit or otherwise interfere with the right of CITY to terminate the services of BINNQUIST as provided in Section 3 [Termination]. Nothing in this AGREEMENT shall prevent, limit or otherwise interfere with the right of BINNQUIST to resign at any tim from the INTERIM CITY MANAGER position with CITY, subject only to the provisions set forth in Seotion 3 [Termination] ofthis AGREEMENT. Page2 of15 Application of CITY's Personnel Policies, The terms of the CITY’s PERSONNEL POLICIES shall not apply to BINNQUIST to the extent such PERSONNEL POLICIES conic with this AGREEMENT. 1.6 Duties, BINNQUIST agrees to exercise all City Manajier powers and perform all, City Manager duties sot forth in CITY Charter, Article XIl; Sec. 75, including subsequent amendments, which include, but ae not limited to, the followitg duties: 4. Tose that che laws and ontinances are enforced, b. To appoint, subject to thé approval of such appoimimesiie-by CITY ‘COUNCIL, all chief appointive officials except the city attorney. To appoint all subordinates and ‘einployes in all departments, not otherwise provided for in CITY Chariet, and to determine their duties and fix their compensation, All such appointments and the fixing of ‘compensation shall-be subject to the approvallof CITY COUNCIL and shall not be effective without such approval. ToTemve any appointee and ‘no removal shall be made without her consent 4d, To have supervision and'eoitrl of all departments, boards and divisions created herein or that may be hereafter created by CITY COUNCIL except as othervsise provided by CITY, Charter. e. —‘To'examine and make to CITY COUNCIL, reports in regard to any matters requested by it, and also of her own motion, and recommend to ‘that body for adoptionsuch measures as she may deem necessary or expedient. f. " Tosign such contracts, licenses and other public documents and instruments on behalf of CITY as COUNCIL may authorize. “To atten all meetings of CITY COUNCIL with the eight to take part in the discussion bat having no vote fh, To hve supervision and charze of the city attorney insofar as his or her duties perain to the departments of which she has charge and supervision i, Toexercise such other powers and perform such other duties as are herein conferred or imposed upon her by CITY Charter or may be conferred or ‘imposed upon her by CITY COUNCIL under the provisions of CITY Charter Pages orj. Before entering upon the duties of her office, she shall take the official ‘oath required by law and execute an official bond in such sum as shall be determined by CITY COUNCIL. The expense af the official bond shall bbe bome by CITY, BINNQUIST shall also perform all other legally permissible and proper duties and fictions consistent with the office of the City Manager, inefoding those set forth in the PERSONNEL POLICIES, and as the CITY COUNCIL shall frit time to time assign. 1.7 Hours of Work, BINNQUISI shall devote the time necessary w adequately perform her duties as INTERIM CITY MANAGER. The PARTIES anticipate that BINNQUIST shall work 40 hours per week, Monday through Friday allocated between regular business hours and hours outside of regular business hours including, without limitation, attendance at regular tnd special CITY COUNCIL meetings and.atendance at such municipal organizations, community events and CITY functions. Towaid that end, BINNQUIST sal be allowed reasonable flexibility in setting her own office hours: provided. the schedule of such hours provides a significant presence atthe CITY and/or the CITY's City Hall, reasonable availability to the CITY COUNCIL, CITY staff, and members of the community duting regular CITY business hours and for the performahge,of her duties and of CITY business. The position of INTERIM CITY MANAGER shall be dasined an exempt postion understate and federal wage and hour laws. BINNQUIST’s compensation (whether salary or benefits or other allowances) is rot based on hours worked and BINNQUIST shall not be entitled to any compensation for overtime. . 1.8 Regional” aii. Professional Activity. CITY desires BINNQUIST to be reasonably active iatoational, iatewide, regional ‘and professional organizations that shall contribute to the advaneement of CITY's interests and standing. Toward that end, BINNQUIST ‘may, upon adequate budgeted funds thereof, undertake such activities that advance the interests and standing of CITY, These ativties may include partieipation in national, statewide, regional ‘or professional organizations, provided that sich activities do not in any way interfere with or adversely affeet her employment as INTERIM CITY MANAGER or the performance of her duties: as provided--herein. CITY “agfees to reimburse, as provided in Section 1.10 [Reimbursement] of the AGREEMENT, BINNQUIST’s reasonable and necessity travel, business and subsistence expenses for the activities deseribed herein, 1.9 Oiler Activity. In accordance with Government Code Section 1126, during the period of her employment, BINNQUIST shall not accept, without dhe express prior written ‘consent of CITY COUNCIL, any other employment or engage, directly or indirectly, in any ‘other business, commercial, or professional activity (except as permitted under Section 18 [Regional and Professional Activity), whether or not for pecuniary advantage, that is or may be ‘competitive with CITY, that might cause a conflict-ofinterest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfuctory performance of BINNQUIST's duties as INTERIM CITY MANAGER. 1.10 Reimbursement. CITY shall reimburse BINNQUIST for reasonable and necessary travel, subsistence and other business expenses incurred by BINNQUIST in the Page ¢of 1performance of her duties. All rsimbursements shall be subject to and in avcordance with California and federal law and CITY's policies and procedures regarding reimbursement. LAL _ Vehicle Operation, BINNQUIST shall operate any vehicle used in connection with the performance of her duties as INTERIM CITY MANAGER in a safe manner and otherwise in observance of all established traffic safety laws and ordiiances and shall maintain 2 1a automobile driver license during the period of employment. 2. COMPENSATION. 21 Bave Salary. . For all services performed by BINNQUIST as the INTERIM CITY MANAGER under this AGREEMENT, CITY shall pay BINNQUIST ax annual base salary of $239,196.00 dollars. Such compensation shall be earned on a pro-rata basis and péyable in installments according to the scheduled paydays for CITY personel. The compensationset forth in this seetion shall be BINNQUIST's total compensation under this AGREEMENT, aid BINNQUIST shall not be cligible for any other benefits or compensation not specifially“provided for in this ‘AGREEMENT. 22 Eyaluation, CITY COUNCIL: say revieWid evaluate the performance of BINNQUIST as INTERIM CITY MANAGER. The purpost of the review shall be to provide BINNQUIST with feedback on her performance, desired areas of improvement, and progress in meeting, achieving; or exceeding CITY COUNCIL defined goals, objectives, priorities, activities, and programs. Periodically, BINNQUIST shall meet with CITY COUNCIL to establish goals. Failure by CETY COUNCIL to provide a timely or any performance evaluation shall not limit CITY COUNCTE'S ability to terminate this AGREEMENT pursuant to Section 3 (Termination = 230. Employee Benefits. BINNQUIST shall receive all of the benefits that are set forth in Ordinance No, O2MI7-4718 (and any amendments thereto) that ate designated as benefits to which the City Manager is entitled as well as the use of a City eat All accrued leaves ‘of absences eamed by BINNQUIST as the ASSISTANT CITY MANAGER shall be carted over to her employment a the INTERIM CITY MANAGER on an hour-for-hout basis. 3. TION, 3.1 By Employee: BINNQUIST may terminate her employment as INTERIM CITY MANAGER for any reason, and at any time, with or without reason, during the tem of the AGREEMENT, by providing CITY COUNCIL with thirty G0) days advance written notice. CITY shall have the option, in its complete discretion, to make BINNQUIST’s termination effective at any time prior fo the end of such periad, provided CITY pays BINNQUIST all ‘compensation then due and owing her through the last day actually worked. is understood and Page sofagreed that any notice of termination should be given as soon as practicable and in the best interest of CITY. If BINNQUIST elects to terminate her employment, the written notice shall specify whether she is resigning from all CITY employment, or if'she is electing to return to her prior position as ASSISTANT CITY MANAGER, BINNQUIST shall not be entitled to any Severance payment under the AGREEMENT if she resigns her employment as INTERIM CITY MANAGER or elects to return to her prior position as ASSISTANT CITY MANAGER for camry. g 32 Berry: 3.2.1 Return to Prior Position, The CITY may return BINNQUIST to the position of ASSISTANT CITY MANAGER et sy sime, with or withouteause or advance rotee dig the ten of this AGREEMENT, CTY’ ight tortura BINNQUIST tothe pesition of ASSISTANT CITY MANAGER shall not be subject o rin any ay Limited by any CITY PERSONNEL POLICIES or past CITY practices relating to the” employment, discipline or tenninaion of CITY’ employees. BINNQUIST expressly ‘valves any rights provided for CITY"s employees under the CITY's PERSONNEL POLICIES or under other State o federal law to any otha form of pre or post: termination hearing, appeal, or oer administrative process pestaining to discipline, ‘except fr any element to "Lube hearing under the la. Upon return to her former position of ASSISTANT CIFY MANAGER, BINNQUIST shall only be entitled to reczive the salary and beneis she received asi ASSISTANT CITY MANAGER, Subject to any modification of same that aces during her tenure as INTERIM CITY MANAGER forall Department Heads inthe same EXECUTIVE TEAM group pursuant {0 O2MI7-4718.5 the ASSISTANT CITY MANAGER position. BINNQUIST shall not teenie to any severane payment under the AGREEMENT if she i retuned to her prior poston as ASSISTANT CITY MANAGER. 32.2 Termination, =322.1 “ByCITY for CAUSE, CITY may terminate this AGRERMENT and BINNQUIST’s employment at any me, with CAUSE. or purpose of this AGREEMENT, cause for termination shill include, but shall not be Imitedo the following: (1) theft or attempted thet (2) dishonesty; (3) ‘willl or persistent material breach of dates or abandonment of duties: (4) iiaigng In unl discrimination or harassment in violation of CITY potieys (6) conviction ofa felony ora misdemeanor involving mora turpitude; (0) ‘engaging in conduc ending to bring embarassment or disrepute to CLT; or 1) repeated and protacied unauthorized absences from the City, Managers ofice {and duties. Ifthis AGREEMENT and BINNQUISTs employment sre terminated for CAUSE, ao futher salary shall be paid to BINNQUIST beyond the effective date ofthe termination. However, BINNQUIST shal receive payment for her ‘cctucd and unused vacation, lating holidays and administrative leave together ‘with any extension of benefits require under California lw. CITY's right to terminate BINNQUIST shall not be subject fo ori any way limited by any CITY PERSONNEL POLICIES or pat CITY practices relating tthe Page of‘employment, discipline, or termination of CITY’s employees, BINNQUIST ‘expressly waives any rights provided for CITY's employees under CITY'S PERSONNEL POLICIES or under other State or federal law to any other form of pre- or post-ermination hearing, appeal, or other administrative process pertaining to termination, except for any entitlement to a“Lubey” hearing under the low. 32.3 ByCITY WithoutCause, CHTY “may terminate this AGREEMENT and BINNQUIST’s employment at any time, without CAUSE or advance notice, Upon termination without case, BINNQUIST shall retur to het position as ASSISTANT CITY MANAGER under the same term as conditions as deseribed in Seetion 3.2.1 above. 3.24 feet of Convitin ofTenminigion, IFBINNQUIST is convicted of a ime involving an abuse of her oflee of pssion, as defined in Califo Government Code sttion 532404, the following restos shall apy) any uid lave given fo BINNQUIST pending ‘im investigation shal bo filly Feimbored fo CITY, Gi) any finds expended by CITY forthe Tegal ex dateaye of BINNQUIST shall be fly rmbursd to CITY, Setement paid to BINNQUISTl be fully reimbused. Upon conviction of a Severed felony under California Government Code sections 7522.72 ¢ 7522.74 BINNQUIST may fore te benfis in acondance wit those ection 3.3. Benefits UpdieTermination. All benefits to which BINNQUIST is entitled under this AGREEMENT. shall cease, upon the termination of BINNQUIST's employment in ‘secordance with this Séstion 3, Unless expressly continued either under this AGREEMENT, under any specte writes pkey at benefit pan applicable to BINNOUIST, or unless others required by aw 345° Termination Obligations. BINNQUIST agrees that all property, including, without limitation, all, equipment, ihgible Proprietary Information (as defined below), documents, records, not@S contracts, and computer-penerated materials fumished to or prepared by her inadent to her emplayment belongs to CITY and shal be returned promptly to CITY ‘upon termination of BINNQUIST’s employment. BINNQUIST’s obligations under this subsection shall survive the termination of her employment and the expiration of this ‘AGREEMENT. 4, Proprietary Information, “Proprietary Information” is all information and any idea pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultant, or business associates, which was produced by any employee of CITY in the ‘course of his or her employment or otherwise produced or acquired by or on behalf of CITY. Proprietary Information shall include, without limitation, teade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable tateral, ‘marketing plans, strategies, sales, financial reports and data, forecasts, customer lists, Page 7 of Lastsatomey client-privileged information, confidential licensing information, and other information exempt from production under the Califosnia Public Records Act and or the Federal Freedom of Information Act. All Proprietary Information not generally known outside of CITY"s organization, and all Proprietary Information so known only through improper means, shall be ‘deemed “Confidential Information.” During her employment by CITY, BINNQUIST shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform er job responsibilities under this AGREEMENT, Following termination, BINNQUIST shall not use any Proprietary Information and shall not disclose any Confidential Information, exceptwith the express written consent of CITY. BINNQUIST’s obligations under this Section shall survive.the termination of her ‘employment and the expiration ofthis AGREEMENT. 5. Conflict OF Interest, BINNQUIST represents and warrants to CTEY that she presently has no interes, and represents that she shail not acquire any interest, director indiret, financial or otherwise, which would confict in any inantet or interfere in any way with performance of her services under this AGREEMENT. 6 General Provisions. 64a, Te ts, nde Pt depron a crores im Shonen iterates Serge Pte 62 _ Notices, “All notices, roasts, demands and other communications under this AGREEMENT shall be in wing and shal be effestive upon delivery by hand or thee (3) brine days after deposi inthe United States mal, postage prepaid, cetfed or registered, and tcftessed fo CITY at the addres below, and/or to the Tastkaown adress mainained in BINNQUIST's persone ile BINNQUIST agrees to notify CITY in writing of any change in her address during her employment with CITY, Notice of change of address shall be effective only when accomplished in accordance with hs Section. © CITY’s Notice Address City oPAlhambea > City Hall, Attention: Mayor 191 South Fist Sit Athambra, CA 91801 BINNQUIST’s Notice Address: [Deliver to last updated addeess in CITY personnel file] Pages oft63 Indemnification. In accordance with and tothe extent provided by California's “Tort Claims Aet (Government Code Section 825 et seq) and Government Code Section 995- 996.6, CITY shall defend and indemmify BINNQUIST against and forall losses sustained by BINNQUIST in direct consequences ofthe discharge of BINNQUIST'S duties on CITY’s behalf for the period of BINNQUIST’s employment under this AGREEMENT. Inthe event BINNQUIST shall serve asthe chet executive of other CITY-related legal entities, this Sect shall be equally applicable to each CIT'Y elated legal ent as though set forth in an indemnity agreement between BINNQUIST and that legal entity. CITY hereby guarantees the performance ofthis indemnity obligation by the CITY-related legal entity, and, shall indemnify and hold BINNQUIST harmless against any faifure or refusal by stich CITYalated legal ent t0 perform its obligations under this Section. CITY, on behalf of itself and all parties claiming lnder or through it, hereby waives all rights of subrogation and coniiution against BINNQUIST, while ating within the scope of BINNQUIST's duties, from al clang losses and liabilities arising out of or incident to atvities of operation performed by or on behalf of CITY or any party afilated with or otherwise claiming under or through i, regardless of any prior, ‘concurrent, or subsequent ative or passive negligence by BINNQUIST. 64 Merger and Integration. This AGREEMENT. is intended to be the final, ‘complete, and exclusive statement of the terms of BINNQUIST’S ¢mployment by CITY under this AGREEMENT. This AGREEMENT supersedes all other prior and contemporancous agreements and statements, whether written or Oflyexpress or implied, pertaining in any manner to the employment of BINNQUIST, and it may not be eontradicted by evidence of any prior or ‘contemporaneous statements or agreements. = To the eXtent=that the practices, policies, or procedures of CITY, nowor in the future, apply to BINNQUIST and are inconsistent with the terms of this AGREEMENT, the provisions ofthis AGREEMENT shall contol. 65 Amendments and Modifications. This AGREEMENT may be amended and modified only ina writing approved by CITY COUNCIL and signed by all the PARTIES, 6.6... Waiver. ‘The failure of any Party to exercise any right under this AGREEMENT shall not genstitute'a waiver of such right. Waiver by any Party hereto of any term, condition, or ‘coven of this AGREEMENT shall not’constitute the waiver of any other term, condition, ot ‘coveniathereo?, 6.7 “Assignment. Neither this Agreement, nor any interest in it, may be assigned ot transferred by any party without the prior writen consent of all the PARTIES. Any such assignment shall be subject to such terms and conditions as CITY may choose to impose. 68 Severabitity. 1m the event any portion of this AGREEMENT is declared invalid, tuenforceable, of void, such provision shall be severed from this AGREEMENT and the remaining provisions shall remain in fall force and effect, unless the result of such severance ‘would be to substantially alter this AGREEMENT or the obligations of the PARTIES, in which case this AGREEMENT shall be immediately terminated, 69 Attorneys’ Fees, In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this AGREEMENT, the prevailing purty shall be entitled to Page 9 oFrecover reasonable atfomeys’ fees and costs, 6.10 Governing Law. This AGREEMENT shal be governed by and construed in accordance with the laws of the State of California, and any action in connection with or ars ‘out of this AGREEMENT or any dispute between the PARTIES shall have venue proper only in Los Angeles County, State of California 6.1 Interpretation. This AGREEMENT shal be cofitued as a whole, second to its fair meaning, and notin favor of or aginst any partys BY Way of example and notin limitation, this AGHLEMINY shal not be construed mn favor ofthe party receiving a benef nor against the party responsible for any particular Language in this AGREEMENT, Captions are used for reference purposes only and. should. he ignored in the intetpretation of the AGREEMENT. This AGREEMENT may be allered, amended or modifed=only by an instrument in writing, executed by the PARTIES‘ to this AGREEMENT and by no ole means. Each party waives their faute right to clam, contest or assert that this AGREEMENT was rmodited, canceled, superseded or changed by any orl agreemet, course of conduct, waiver or stop 612 Binding Effet, Theights and obligations of thitAGREEMENT shal inure to the benefit of, and he binding upon, the PARTIES to the AGREEMENT and thir hei ‘xiministratrs,exceutors, personal representatives, sucessrs and assigns, and whenever the context so regres the mascline gener and clade he feminine and neuter, and the singular number includes the plural, This AGREEMENT maybe executed in aay number of ‘counterparts, cach of which sal be considered aan original and be effective as such, 6.13 Further Ascuraiiees. The PARTIES, shall execute and deliver such papers, documents, and instuménts, and perform such acts a fe necessary or appropriate, to implement the terms ofthis AGREEMENT and the intent of the PARTIES to this AGREEMENT. 6.14 _ Acknowledgment: BINNQUIST acknowledges that she has had the opportunity to consul fgsonsel in regard to this AGREEMENT, that she has ead and understands this AGREEMENT, tat seis filly aware of legal effet, and that she has entered int it freely and voluntarily and based on her own judgment and not on any representations or promises other than tose eootaned in this AGREEMENT, 6.15 Fxteution, Ie is the product of negotiation and sll PARTIES are equally responsible for authorship of this AGREEMENT. Section 1654 of the California Civil Code stall not apply to the interpretation ofthis AGREEMENT. {signatures on next page) Page 10 0f18IN WITNESS WHEREOF, CITY has caused this AGREEMENT to be signed and executed on its behelf by its CITY COUNCIL and duly attested to by its City Clerk, and BINNQUIST has signed and executed this AGREEMENT. DATED: cry: e STEPHAN SHAM, Mayor . DATED: BINNQUIST: JESSICA BINNQUIST ast. APPROVED AS TO FORM [Kauren Myles City Clerk Joseph M, Montes, City Attorney Page 11 of 1NO STAFF REPORT | wtem No,“ CITY OF ALHAMBRA, "AGENDA REPORT CITY MANAGER APPROVAL: { \ DATE: soran7 To: Honorable Mayor and Members ofthe City Counc ‘SUBMITTED BY: — Mary Chavez, Director of Public Works ‘SUBJECT: Public Hearing forthe Intent to Vacate Teagarden Lane From Palm ‘Avenue to Raymond Avenue RECOMMENDATION: Itis recommended that the City Couneil open the public hearing and, after receiving input from the public, find that Teagarden Lane from Paim Avenue to Raymond Avenue wil be unnecessary for present or prospective public use, adopt the Resolution ordering the vacation and direct staf to undertake the steps necessary to finalize Counci's action. FACTS: 1, The Development Services Depariment received plans forthe development ofa four-story, 6,500 square foot office complex at 117 South Raymond Avenue, 2. Inotder to faciate the project, a request has been made forthe City to vacate Teagarden Lane between Palm and Raymond Avenues. Teagarden Lane measures 16 feet in width ‘and 400.17 feet in depth, 3. The general vacation procedure in Section 8320 et seq ofthe Streets and Highway Code (Code is outined with respect o this vacation as follows ‘+The City Council adopted a Resolution of Intention to vacate Teagarden Lane between Palm and Raymond Avenues, inating the vacation proceedings as defined inthe Code, a is September 25, 2017 meeting ‘+ Notices pursuant to the Code have been posted along the subject property and published in the local newspaper for at leest two successive weeks prior to this meeting ‘+ Tonight's meeting full the requirement to hold @ public hearing not less than 15 days after inition of the proceedings. ‘+ Ifthe city Counc approves the resolution to vacate Teagarden Lane, the ity Clerk wil then cause a certified copy of the Resolution to be recorded.4, The vacation ofthe alleys permissible under the Streets & Highway Code because the alley is unnecessary for any present or prospective use FINANCIAL ANALYSIS: No financial impact ATTACHMENT: Resolution No, R2MI7-40RESOLUTION NO. R2M17-40 ‘A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALHAMBRA ORDERING THE VACATION OF TEAGARDEN LANE FROM PALM AVENUE TO RAYMOND AVENUE IN THE CITY OF ALHAMBRA, CALIFORNIA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALHAMBRA DOES HEREBY RESOLVE AS FOLLOWS: ‘Section 4. That the City of Alhambra inlands to vacate, in accordance with Division 9, Part 3, Chapter 2 ofthe California Streets and Highway Cade beginning at Section 8300, ‘Teagarden Lane, an eastwest street, measuring 16 feet in width and 400.17 feet in opin, south of Main Street and north of Pepper Sireet between Palm Avenue to Raymond Avenue inthe City of Alhambra, County of Los Angeles, State of California, ‘Section 2, That the stieet being a portion of Lots 12, 13, 26 and 27 in Block 2 of Subdivision No.1 of Dolgevile, in the City of Alhambra, County of Los Angeles, State of Calfomia, 2s per Map recorded in Book 5 of Maps, Page 16, Records of said County, being more particulary described as follows: “Beginning at the southeast comer of Parcel 3, Parcel Map No. 16004 fled in Book 170 of Parcel Maps, Pages 73 And 74, also being a point on the westerly right of way line of Raymond Avenue, 60 feet in width thence westerly along the southerly boundary of said Parcel 3, south £39°47°24" west 309,20 fest tothe southeast commer of said Parcel 3, which is on a curve, concave easterly with a radius of 341.57 feet and with a facial of north 85°26'47" west, thence continuing southerly along sald Curve a curve distance of 16.02 feet through a central angle of 01°00'36", thence easterly north 89°4724" east 400.17 feel to a point on said westerly right of way line of Raymond Avenue; thence northerly along Said right of way line north 01300" west 16.00 feet to the point of beginning.” ‘Section 3, Vacation Ordered, The City Council after considering staff reports, public comments and delberating finds that Teagarden Lane is not needed for present or prospective public use and is ordered vacated consistent with Streets and Highways Code section 8300 et seq. ‘Section 4. The City Clerk shal 4. Certify tothe adoption ofthis Resolution; and 2. Pursuant to Streets and Highways Code Section 8390, cause a certified copy of this Resolution tobe recorded inthe Office ofthe Recorder of Los [Angeles County. PASSED APPROVED AND ADOPTED by the City Council of the City of ‘Alhambra on this 23" day of October, 2017, ‘STEPHEN SHAN, MayorATTEST: TAUREN HYLES, Ciy Gav | HEREBY CERTIFY that the above and foregoing resolution was duly passed and adopted by the Alhambra City Council at its regular meeting held on the 23 day of October 2017, by the following vote, to wit AYES: NOES: ABSENT: TAUREN WWLES, Gil Clerktom No. Is CITY OF ALHAMBRA a "AGENDA REPORT CITY MANAGER APPROVAL: vv W DATE: October 23, 2017 To: Honorable Mayor and Members ofthe Cty Council SUBMITTED BY: —_ChrisoeherM Palen, Conmunty Saree Oretr JP SUBJECT: AUTHORIZE NOTICE INVITING BIDS FOR ALMANSOR COURT RENOVATION PROJECT RECOMMENDATION: It is recommended that the City Council authorize staf to circulate a Notice Inviting Bids to prospective contractors fr the Almansor Court Renovation Project, and direct taffto undertake the ‘steps necessary to finalize Counci's action FACTS: 1 [At the February 27, 2017 City Council meeting, representatives from Almansor Court Incorporated (AC), the concessionaire that operates Almansor Court, presented a varely of desired improvements that they would lke to see happen in 2017 and 2018. ‘Some ofthe improvements willbe made by ACI, while others wil be implemented by the Cy. Inadopting the FY 2017-18 budget, the Cty Council approved the funding forthe renovations and improvements to Almansor Court, based on the presentation received on February 27" Staff is now requesting authorization to circulate a Notice Inviting Bids forthe Almansor Court Renovation Project, which includes replacing the Gazebo, renovating the Palm Court Patio to ‘address roof leaks in inclement weather, and plastering and painting the enti building Construction wll take place during the winter months of 2018, FINANCIAL ANALYSIS: Funding is availabe in Capital improvement Account number 310,60.6130.91712, ATTACHMENTS: Nonetom No, lo CITY OF ALHAMBRA tern ‘AGENDA REPORT CITY MANAGER APPROVAL: DATE: tors17 To: Honorable Mayor and Members ofthe City Council SUBMITTED BY: Mary Chaver, Dat of Pui Wonka SUBJECT: ‘Award of Contract —Lindaraxa Park Pillar Reconstruction Project RECOMMENDATION: To request that the City Council award a contract to RS Construction Services, subject to final language approval by the City Manager and Cy Attomey, in an amount of $33,600.00 for the LUndaraxa Park Pillar Reconstruction Project, direct the Finance Director to appropriate $15,100.00, from the Landscaping and Lighting Maintenance Fund, and direct staff to undertake the steps necessary to finalize Councis action. BACKGROUND: (On September 11, 2017, the City Council approved the distibution ofa Notice Inviting Bids forthe Lindaraxa Park Pilar Reconstruction Project. On Thursday, October 12, 2017 the City Clerk received and opened three bids. The bids ranged from $33,600.00 to $187,700.00. Aft reviewing the three bids and conducting bid tabulation, it was determined that the low bidder, RS Construction Services, didnot submitthree references with ls id. Staff obtained thereferences from the bidder, they were checked and favorable responses werereceived. The ite submission of references has been reviewed by the City Atforney, and itwas determined that this doss not create ‘competitive advantage forthe bidder, and because there is not a competive advantage, the discrepancy is waive. The bid received from RS Construction Services, in the amount of $33,600.00 is the lowest responsible bid. RS Construction Services has the necessary icenses and permis. FINANCIAL ANALYSIS: Funding for this project was budgeted in Account Number #241.70.7631.91702 inthe amount of $325,000.00, "Staff is requesting an adgitonal 38,500.00 ‘for construction management and Inspection services. twill be necessary to appropriate $15, 100.0 fom the Landscape and Lighting Maintenance Fund balance; $8,600.00 forthe project and an additional $6,500.00 for construction ‘management and inspection services. ATTACHMENTS Nonettm No,_ 7 ‘= CITY OF ALHAMBRA vee "AGENDA REPORT CITY MANAGER APPROVAL: ui DATE: tor9/17 To: Honorable Mayor and Members ofthe Cty Council SUBUITTEDBY: May Chaves, Orecorot Pte Wes (47 ‘SUBJECT: ‘Approval of License Agreement with Southern California Edison fora Slreetight Easement Along Raymond Avenue, Vine Street to Alhambra Road RECOMMENDATION: It Is recommended that the City Council (1) approve the execution of a Streetight License ‘Agreement with Southern California Edison for the use of their easement an the east side of Raymond Avenue from Vine Street to Alhambra Road (2) authorize the City Manager to execute said Agreement between Southern California Edison and the City of Alhambra and (3) direct stafto Undertake the steps necessary to finalize Counei’s action, BACKGROUND: 1, The City installed stretights on Raymond Avenue in the area of Alhambra Park in the mid 1990's. In ardor todo ths, the ity entered into a License Agreement with SCE to encroach 3 feet upon their property to instal the steetights and related infrastructure. 2, The current License Agreement expres March 31,2018. The new agreements for a fve year term beginning Api 1, 2018 through and including March 31, 2023, 3. There are no fees associated with the execution of the agreement as the use of the ‘easement is for public benefit FINANCIAL ANALYSIS: No nancial mpact, ATTACHMENT: License AgreementSCE Doe, 225245 Att ‘cry OF ALHAMBRA LICENSE AGREEME INDEX OF ARTICLES 1. use 2. TERM 3. CONSIDERATION 44. INSURANCE 'S. LICENSORS USE OF THE PROPERTY 6. LICENSEE'S IMPROVEMENTS 17. UCENSHE'S PERSONAL PROPERTY 5. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES 9, ACCESS AND CLEARANCES: 10. PARKING. 11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEBD ABATEMENT) 12, FLAMMABLES, WASTE AND NUISANCES 13. PESTICIDES AND HERBICIDES, 14, HAZARDOUS WASTE, 15. SIGNS 16, FENCING AND EXISTING FIXTURES 17. PARKWAYS AND LANDSCAPING 18. IRRIGATION EQUIPMENT 19. UNDERGROUND TANKS 20. UNDERGROUND FACILITIES 21. UTILITIES: 2, TAXNS, ASSESSMENTS AND LIBNS 23, EXPENSE 24, ASSIGNMENTS 2, COMPLIANCE WITTE LAW 26, OOVERNING LAW 27. INDEMNIFICATION 28, TERMINATION 29, EVENTS OF DEFAULT 20, REMEDIES Contract No, 9.2687 (Pormeriy Contract No. L1271) Nt AY LICRNSRRS PERSONAL, PROPERTY {IPON TERMINATION OR EXPIRATION 132, LIMITATION OF LIABILITY 38, NON-POSSESSORY INTEREST 34, WAIVER 35. AUTHORITY 36, BLECTRIC AND MAGNETIC FIELDS Inia nl sensor Licensee‘SCE Doe, 225245 Att Contract No, 9.2687 (Formesty Contract No. L127) 37. INDUCED VOLTAGES: 138. NOTICES 139. RECORDING 40, COMPLETE AGREEMENT 41, SIQNATURE AUTHORITY 42, SURVIVAL APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS ‘ADDENDUMIS) POLELINE, PIPELINE OR UNDERGROUND CABLE tmitiad _yt_ icensor/Licensee‘SCE Doe, 225245 At, Contract No, 9.2687 (Formerly Contract No. 1271) LICENSE AGREEMENT ‘THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation ‘organized winder the Inws ofthe State of California, called "Licensor, and CITY OF ALHAMBRA, called “Licensee’; WFTWRSSEETH* That Liens, for and in consideration ofthe faithful performance by Licensee of the terme, covenants and agreements hereinafer st forth to be kept and performed by Licensee, does hereby give to Licensee te license to se that certain real property solely for the purpose hereinafter Specie, upon and subject fo the terms, reservations, covenants and conditions hereafter set forth, hereinafter designated as “Property” on the Exhibit "A attached hereto and made a part here, being, portion of Assessor's Parcel Numbers 539-022-801, 599-025-801 and §339-024-802, situated in the City of Alhambra, County of Loe Angeles, State of California, subject to any and all covenants, restrictions, reservations, exceptions, rights and easements, whether ar not of record Acknowledgment of License and Disclaimer of Tenancy. Licenace acknowledges and agrees thatthe License constitutes a limited, revocable, non-possestory, personal and non-essignable privilege to use the Properly solely for those permitted uses and activities xpremly identfed In the Agreement (he "License Privilege. Licensee further acknowledges and ‘agrees that + The consideration paid by Licensee pursuant to Article $ ofthe Agreement is Consistent with the valte ofthe rights comprising the License Priilege; the ‘Sonaideration fa not consistent with the higher market wale [ora greater eight, privilege or interest uch aaa lease) in the Property or similarly situated parcels «+ Licensee in not tenant of lessee of Licensor and holds no rights of tenancy oF Tenechold in relation to Use Property + The Agreement and/or any prior and/or future acts or omissions of Licensor shall ‘hot create or be constried as creating) leeashold, enancy or any other interest in ‘the Property. «+ Licensor may terminate the License and revoke the License Privilege at any time, Subject if applicable, to a natice period ngreed upon by the parties, sa more particulary et forch inthe Agreement. «In consideration of Licensor’s rant of the License, Licensee specifically and expressly “tives, releases and relinquishes any and all ight{s to ert any claim of right, privilege or interes in the Property other han the License + Licensee farther aclmowledges and agrees that without the representations and Sewements st forth herein, Leensor would not enter into the Agreement Inia (_yt_) censor Licence‘SCE Doc. 225245 Att Contract No, 9.2587 (Formerly Contract No. 11271) 1. Use: Licensee will use the Property for poleine, underground cable, conduit snd lectrcal purposes only. Licensor makes no representation, covenant, warranty oF promise that the Property, and any fatres thereon, are Rit of suitable for any particular use, including the use for ‘which this Agreement j= made and licensee js not flying on aay such representation, covenant, ‘warranty or promise. Licensee's use ofthe property for any ether purpose and/or fllure to utilize the Property in accordance with this License ns determined by the Licensor in its ale discretion will be ‘deemed a material default and grounds for immediate termination of this Agreement in accordance ‘with Articles 28 andor 30. 2, ‘Term: Unless otherwise terminated as provided hersin, this Agreement wil be in effect {ora term of five (5) yoars commencing on the frst day of Apri, 2018 ana ending on the last day of March, 2023, Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent ‘agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the Improvements Licensee places on or makes tothe Property, or fr anyother reason, 3. Consideration: GRATIS 4, Insurance: During the term of this Agreement, Licensee shall maintain the folowing (a) Workers’ Compensation with statutory limits, under the laws of the State of California fand Employers Lisbity with limite of not less than 81,000,000.00 each accident, disease each employee, and disease/poliy Kit. Licensee shall require its insurer to ‘waive all rights of subrogation egainet Licensor, ite officers, agenta and employees, fncept for any lability resulting fom the wilful or grossly negligent acts of the Uensor. (0) Commercial General Liability Insurance, including contractual liability and products iy, ith laity not les tan 1,000,000.00 per occurrence and $1,000,000.00 én the aggregate, Such insurance shall: (name Licensor, its offices, agents and employees as aiditonal insureds, but only for Licensee's negligent acts or omissions; {i be primary for all purposes and (i) cotain separation of insureds or erose-lility Cdngse, and) require its insurer to waive all ight of subrogation againet Licensor, is fofoers, agents and employees, except for any ability resulting trom the wall or ‘srossly neigent acts of the Licensor. {¢) Commercial Automabile Liability inéurance with a combined single limit of '1,000,000.00." Such insurance shall cover the use of owed, non-owned and hired vehicle on the Property (@) Set Insurance: Licensee may sel-insure all of the insurance requirements above if they belong. to an approved Secondary” Use Category and the self-insurance is Iainaned under a seltinsurance program reasonably watifuctory Licensor Poleline, underground cable, conduit and electrical uve is an approved Secondary Use (Category; Licensee may subsnit written vefcaton of self-insurance to meet the above insurance requirements. ‘ital (__y__) Licensor LicenseeSCE Doc. 225245 At, Contract No, 9.2587 (Formerly Contract No. L271) ‘The failire to maintain such insurance may be deemed by Licensor a material default of this [Agreement and grounds for imusediate termination purstiant #0 Articles 28 andor 30. Licensee sll, Ticensor mith proof of such insurance by subminsion of cerileates of insurance, pursuant to Ritcle 38 "Notices", af least ten day prior to the effective date ofthis Agreement, and thereafter at Teast ten days prior to each insurance renewal date. Licensee must provide Licensor atleast thirty (30) days notice before any sich insirance will be canceled, allowed to expire, or materially reduce. However in the event insurance is canceled for the non-Peymnent of a premivim, Licensee must provide to Licensor at least ten (10) days" prior wutten notice before the elective date of cancelation. The ‘eduited insurance palleles shall be maintained with insurers reasonably satisfactory to Licensor, and ‘shall be primary and non-contributory wien any insurance or seinsurance maintsined Uy Licensor 5. Licensor's Use of the Property: Licensee agrees that Licensor, Ite successors and ‘assigns, have the right to enter the Property, at all nes, for any purpose, and the right to conduct tiny activity on the Property. Exerelse of these rights by Licensor, its successors and assigns, will not sult in compensation to Licensee for any damages whatsoever to personal property, structures, fand/or crops locsted on the Property, nor shall Licensee be entitled to any compensation for any loss Sf uae of the Property or 8 portion thereof, and/or nny related damages, as a result of Licensor's fcttes under this Article. 6. Licensee's Improvements: Licensee must submit, for Licensor’ prior writen approval, complete improvernent plana, inchuding, but not limited to, grading, ghtng, landscaping, grounding, fand irrigation plana, = identifying all existing and proposed improvements, a minimum of Sty (60) ‘days prior fo making ny’ Use ofthe Property. Licensee's conceptual plans for proposed improvements shall be develope in accordance with the guidlines contained in the Appendix to this License. 1s lunderstood and agreed thatthe general guidelines contained in the Appendix are intended to provide framework for the development of conceptual plans only; and Uaat Leensor may modify or add to the Conditions contained in the Appendix hereto, based on individual site characteristics, Licensor’ fexisting er potential operating needs or Licensee's proposed use(). Licensee must submit for censor’ pror written approval pans for any modiicaions to such improvements. Written approval ‘ay be modified and/or rescinded by Licensor for any reason whatsoever ‘To the extent Licensor reviews and/or approves any improvement plane, Licensor is doing ao only for purposes of determining, whether said improvements are compatible with Licensor's use of the Property. Under no eireumstances shall such review end/or approval be construed as a warranty, representation, or promise that the Property fa Mt for the proposed improvements, or that said Improvements comply with any applicable cy, state, or county building requirements, other legal requirements, or the generally accepted standard of eae. [At any time, Licensor may require Licensee to modify and/or remove any or all such previously ‘approved improvements nt Licensee's riek and expense and without compensation from Licensor. censor is not required, at any time, to make any repaira, improvements, alterations, changes or ‘ditions of any nature whatsoever to the Properiyand/or any fixtures dhereon. Licensee expressly fclniowledges that any expenditures or improvements film no way aller Licengors right t terminate Daccendance with Aiticles 20, and/or 98, 7. Ucensee's Personal Property: () Licensor grants Licensee permission to place License’: personal property on the Property consistent with the use identified in Article 1 and other term of this Aereement. Such permission yranted by Licensor shall be revoked upon the earlier of the termination ‘or expiration of this Agreement. All equipment and other property brought, placed or erected on the Initia y__) Hloswar/ Licence‘SCE Doc, 225245. AN, Contract No, 9.2687 (Pormerty Contract No. L127) Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein. Licensee sell be responsible for any damage to the Property and/or Licensor personal property arising out of Licensee's activities on the Property, inluding its ge and/or removal of Loensse's personal. property. Licensee further acknowledges and agrees that Licensor Is. not responmible for Licensee's personal property during the effectiveness of this Agreement, of upon termination or expiration, Licensor further assumes no duty oF obligation to maintain or secure Licensee's personal property at any time (i Untess as specifically provided for in an Addendum to this Agreement, Licensee shall not store on {he Property, fara period longer than twenty-fasr (24) consecutive hour, any personal property owned bby a non-paty to thle Agreement, Licensee will defend and indemnify Licensor, its directors, officers, agents, subcontractors, and ‘employees, nd ite micreasors and assigns, fom any and al clsims, loss, damage, actions, cases of [sction, expenses and/or liability arising from the storage of, damage to, and/or lose of use of such ‘non pary's personal propery. 8. Height Limitations and Vertical Clearances: Any equipment used by Licensce or its agents, employees oF contractors, on and/or adjacent tothe Property, wll be used and opersted so as fo maintain minimum clearances from all oerhead electrical conductors aa designated in the table below ‘Wehiole7 Equipment Vertical Clearance S00 KV ‘Se eet 220 kV = 661 3 feet GORY [Distrib tion Facies) 25 feet Telecom TB foot [Al trees and plants on the Property vill be maintained by Licensee at maximum height ‘of fineon (15) feet. If requested by Lioengor, Licensee will remove, at Lience's expense, any tree ftnd/or other planting. 9. Access and Horizontal Clearances: Licensee wil provide Licensor with adequate access ta all of Licensor facilities on the Property and at no time wll there be any interference with the free ‘movement of Licnsor's equipment, personnel, and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) eet, with commercial driveway aprons and curb depressions capable of supporting a gross Toad ef forty (40) tons on a three-axie vehicle, ‘The minimum width ofall roads shall be increased on ‘curves by a distance equal 10 400/inste rads of eureature. All curves shall have a radius of not less than 50 feet measured st the inside edge of the dnable road surface. Unleas otherwise specified in ‘writing by Licensor, Licensee vil make no use of the area directly underneath Licensors towers and ‘ill maintain the following minimum clearances: 4 AS0-foot-radiue around suspension tower logs, H-Frames and poles and 100-foot ‘aul around dead-end tower legs, H-Frames and poles. 1b, AaS-lootradius eround al other poles NOT: Additional clearance may be required by Liensor fr structures. tial (_y_y icensor/ Licensee sh 20160611 8-8‘SCE Doe. 225245 Att Contract No. 9.2687 (Pormesty Contract No. L1271) 10. Paring: Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any’ motor vehicles on the Property unless specially Approved in a writing executed by Licensor. 11, ‘Wess, Brush, Rubbish and Debris (Weed Abatement) Licensee will keep the Property ‘lean, fee from weeds, brush, rubbish and debris and in condition satisfactory to Licensor. 12, Waste and Nuisances: Unless permitted by Licensor in writing, Licensee vill not, or allows others, to place, use, or store any Mamisable or combustible materials or waste Iaterias on the Property or commit any waste or damage to the Property oF allow any to be done. eensoe will be responsible for the contro of ad will be hable for any damage or disturbance, caused by any trespasser, dust, odor, flammable or waste materils, noise or other mulsance disturbances. Hleensee wl not permit dogs on the Property 13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals wil be made tp accordance with all Federal, State, County and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a heath or environmental hazard, and all materials contaminated by auch eulbstances,inchuding but not limited to, containers, clothing and equipment, in the manner prescebed by law. 14, Hazandous Waste: Licensee will not engage in, or permit any other party to engage in, ny activity on the Property that violates federal, state ot local laws, rules or regulations pertaning 10 Ihazardocs,toxc or infectious materials and/or waste. Licensee wil indemnify and hold Licensor, ts directors, aficere, agente and employees, and fe successors and assigns, harmless from all claims, lose, damage, actions, causes of action, expenses and/or Habiity arising fom leaks of, spills of, fand/or contamination By or from hazardous materials as defined by applicable law or regulations, ‘which may oocur during and ater the Agreement term, and are attributable tothe actions oor faire to act by, Licensee or any person claiming under License. 15, Signs: Licensee must obtain writen approval from Licensor prior to the construction or placement of an sign, signboard of other form of outdoor advertising. Licensee shall within three (day fom the date on which the Licensee learns of the graft remove any signs containing graft or shall otherwise remove such graffi from the signs in a manner reasonably acceptable to Licensor. Notwithstanding any other Ianguage im this Article, Licenove shall not advertise on any sign any product, service, or god which fs () not diecty related to Licensee's use ofthe Property, i) allensive forthe publi, or (i) which Licensor, in its reasonable discretion, deems objectionable. 16. Fencing and Baisting Fixtures: Licensor disclaims any and all express or implied warranties for any fencing and/or other fixtures afined to the Property, and fursher disclaims any ality arising from sny disrepair ofthe same. Licensee may install fencing an the Property with priot ‘written approval from Licensor. Such fencing wil include double rive gates, in locations specified by censor, a minimum of twenty (20) fet in width, and designed to accommodate separate Licensor and Lleenaee lock cere wl tint id repeal ecg ad tier Rate ine Uo Ue Properly, fnciuding any grounding of the same as deemed necessary by Lleensor, in a manner acceptable to censor. Grounding plans must be prepared and stamped by a licensed electrical engineer and ‘submitted to Licensor ni (__y_ Tisentor/TaoenseeSCE Dec, 225245 At. Contract No. 9.2687 (ormerty Contract No, L127) 17. Parkwave and Landscaping: Licensee will kep parkway and sidewall areas adjacent to the Property free of weeds, brush, rubbish and debris. Licensee wil maintain parkway on the Property and provide indseaping that fs compatible with adjoining properties and that is watisfactory ta Licensor, 28, Ieigstion Equipment: Any irrigation equipment located on the Property prior to the commencement of tis Agreement, inekading but not limited to pipelines, well pumping equipment anc ther structures, isthe property of Licensor and wll remain on and be surrendered with the Property ‘upon termination of this Agreement. Should Licensee desire to use the jergntion equipment, Licensee il maintaib, pete, separ ats replace, it ecesaary, al frgntion equipment atts own expense 19. Underground and Above-Ground Tanks: Licensee will not instal! underground of above-ground storage tanks, as defined by any and ll applicable laws or regulations, without Licensor’ prior written approval 20. Underground Facilities: Any underground facilities must be approved by Licensor pursuant to Article 6, Licenser must contact Dig Alert end comply with the applicable processes, Policies and/or procedures of Dig Aler, prior o any underground installation. ARY underground Thclities installed or maintained by Licensee on the Property mst have a minimum cover of three feat fron the top of the faclty and be capable of withstanding # gross load ef forty (40) tons on a three ‘axe vehicle. Licensoe will compact any earth excavated to & compaction of ninety percent (90%) Ucensee wil relocate its facilities at its own expense eo as not to interfere with Licensors proposed faites, 21, Usitiee: Licensee will pay all charges and assessments for, or in connection with, ‘water, electric current or other utes which may be furnished to or used on the Property 22. ‘Taxes, Assessmenta and Liens: Licensee wil pay all taxes and assessments which may be levied upon any crops, personel. property, and improvements, including but not limited to, Dullding, stctures, and fixtures on the Property. Licensee sll kep the Property tree from all lens, Inchuding but not ited to, mechanics lens and encumbrances by Wee or occupancy by Licensee, of tiny person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments fr lens when due, Licensor may pay the same and charge the amount tothe Licensee, All accounts ‘ot paid withi thicty (20) days ofthe agreed! upom duc date wil be charged a “ate fee om all amounts ‘outstanding up to the maximus rate allowed by la. 23, ioxpense: Licensee will perform and pay all obligations of Licensee under this Agreement. All matters or things required by Licenece willbe perfarmed and paid for at the sale cost fad expense of License, without obligation by Licensor to male payment or incu cost oF expense for fany such matters or things. 24. Assignments: This Agreement is personal to Licensee, and Licensee will not assign, ttansfer a sel thie Agreement or any privilog hereunder in whole or in part, sad any attempt t do.80 wl be void ana confer no right on ay third party. 25. Compliance with Law: Licensee will comply with all applicable federal, state, county ‘and teeal laws, all covenants, Conditions and restictiane of record and all applicable ordinances, Soning restrictions, rules, regulations, orders and any requirements of any duly constituted public ‘authorities now or hereater sn any manner alfecuing the Property or the streets and ways adjacent Initial (__y_) icensor/ LicenseeSCE Doc. 225285 Att, Contract No. 9.2587 (ormerly Contract No. L271) thereto, Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. Licensee shall heid harmless, defend and indemnify Licensor, its ofieers, agents and employecs, and ite successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or resalting from any lation of this provision, 26, Governing Law: ‘The existence, vidity, construction, operation and effect of this [Agreement and all ofl terms and provisions wil be determined in accordance with the laws of the ‘State of California, 27. Indemmiliestion: Licensee shall hold hatmless, defend and indemnify Licensor, ite oficers, agents and employees, and ite successors and agelgns, from and against all claims, Toss, Gamage, actions, causes of actions, expense and/or liabllity arising from or growing out of loss or ‘damage to propery, nchiding that of Licensor, or injury to of death of persons, Including employees of Licensor resulting In any manner whatsoever, directly or indirectly, by reason of this Agreement or the ‘use oF eccapancy ofthe Property by Licensee or any person claiming under Licensee. 28, ‘Termination: Licensor or Licensee may terminate this Agreement, at any time, for any reason, upon thirty (30) day notice in weiting. Additionally, Licensor may immediatly terminate this ‘Agreement pursuant to Arte 30. Termination does not release Licensce from any Habilty or ‘biigation Undemaity or otherwise) which Licensee may have incurred. Upon termination, Licensor ‘may immediately recover rom Licensee all amounta due and owing hereunder, plus interest at the ‘maxim rate permitted bylaw on such amounts antl paid, as well ag any other amount necessary to compensate Licensor forall the detriment proximately ealsed by Licensee's faire to perform it ‘obligations tinder this Agreement, Licensee's continued presence after termination shall be deemed & trespass, in the event of a termination for any reason olher than non-payment of the License lee, censor shall refund any previously colected/pre-paid License fees covering the unused portion of the remaining tem, tothe extent such fees exceed any offset claimed by Licensor under the Agreement 29, Bvents of Default: In addition to material defaults otherwise described herein, the ‘occurrence of any of the folowing shall constitute a material default and breach of this Agreement by cence: (a) Any failure by Licensee to pay the consideration due under Article 3, orto make any ‘other payment required foe made by Licensee when due (0) The abandonment or vacating of the Property by Licensee (6) Any attempted assignment or subleting of this Agreement by Licensee in violation of ‘tile 24 (@) The violation by Licensee of any resolution, ordinance, statute, code, regulation or ‘other rule of any governmental agency for Licensee's aciitiee under tis Agreement, (e)_ Any attempt to exclude Licensor from the licensed premises. (The making by Licensee of any general assignment for the benefit of creditors the appointment of a receiver to take possession of substantially all of Licensee's assets Tocated on the Property or of Licensee's privileges hereunder where possession is not Initial (_yyt__) Tisensor/LicenseeSCE Doc. 225245 Att, Contract No. 9.2687 (Formerly Contract No. L1271) restored to Licensee within ve (5) days: the attachment, execution ar other judicial ‘cima of substantially all of Licensees ease located on the Property ar of Licensee's Brivilges hereunder, where auch seizure i not discharge within ve (5) days. (Any case, proceeding or other action brought against Licensee seeing any ofthe relict ‘mentioned in “clause f of this Article which has not been stayed or dismissed within {hiety (20) daye ater the commencement terest. (h) Any claim ty Licensee that it hae a possessory interest and/or irrevocable license inthe Property (i) With respect to stems not thers listed In Article 29.e-, the fare by Licensee to observe and perform any’ other provision ofthis Agreement to be observed or performed by Licensee, Licensor shalt provide written notice of stich failure and Licensre shal be ‘considered in material defeult where much flare continues for total of ton (10) oF ‘more consecutive days from the date ofthe notice. Further, with respect to stoma not otherwise sted in Article 29.e-h, Licensee shall be considered in material default Should Licensee fal to observe or perform any other provision of this Agreement for fore than fee (5) dae during the entire Term of he Aeement in the gente ffter Licensoe provides at initial writen notice of such failure, Ater providing Ske under is prefaon, Lesnor wl net be roid 2 proms any sabmnguent notice of breach ofthis Agreement. 30, Remedies: Notwithstanding the notice equirement in Article 28, in the event of any ‘material defmalt by Licensee, then in adtion to any other remedies avalable te Licensor at law oF in ‘equity, Licensor shall have the option to smmeditely terminate Unis Agreement and all rights of icensee hereunder by giving written notice of such immediate termination to Licensee. 21. Licensee's Personal Property Upon Termination or Expiration’ In the event that this Agreement i terminated, whether terminstion i effected pursiant to Article 28 and/or 30, oF i the vent this Agreement expires pursuant to Article 2, Licensce shall at Licensee's sole cost and expense tnd prior fo the earlier of the effective termination date or expiration date, remove all weeds, debris find waste fom the Property and peaceably quit, surrender and restore the licensed Property t Condition it was i prior to the Licensee's use othe Property, in a manner satisfactory to Licensor. IF Licensee fils or refuses to remove any of Licensee's personal property, buildings), Sature(s) ot structures) from the Property prior to the eatier of the termination date or expiration date, ssid personal property, building(a),fixture(s) or structure() shall be deemed abandoned by the Licensee, End the Licensor shall have the right, but not the obligation, to remove, destroy, sll or otherwise fiapose of them with no further notice to Licenace, Licensor shall not be required t seek and/or fbtaln judicial relie (iluding, but not limited to, the fling of an unlawful detainer action), nor shall, [censor be responsible forthe value of License's personal property, een sll ave dae right we eure ata sever censor elated to i) the removal, disposal or sale of Licensee's personal propery, building), fixturels) oF steueture(s), fi), the removal of any waste, weeds, of debris an the Property, (i) environmental studies and environmental remediation and/or cleanup attributable to Licensee's use of the Property, and fv) the restoration of the Property tothe condition tt was in prio to Licensor initia "use ofthe Property. Licensee nerees to pay ach expenses to Licensor upon demand Initial (_y/_) ‘censor /Lensee 10.SCE Doc, 225245 Att Contract No, 9.2587 (Wormesly Contract NO. 11271) 2, Liniation of Liability {IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3, WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE ‘AGREES TO LIMIT LICENSOR’S LIABILITY PURSUANT TO THIS AGREEMENT, AS SUCH, IF [LICENSEE IS ENTITLED 70 ANY RELIEF TOR LICENSOR’S NEGLIGENCE, INCLUDING OROSS NEGLIGENCE, FOR DAMAGE OR DESTRUCTION OF LICENSEE'S PERSONAL PROPERTY, EUILDING(S), STRUCTURE(S] OR PIXTURE(S) APTER THE TERMINATION OR EXPIRATION OF ‘THIS AGREEMENT, THE TOTAL LIABILITY OF LICENSOR SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS ‘AGREEMENT, ‘FURTHER, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR INJURY OR DAMAGE 70 LICENSER'S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED 70, LOSS OF PROFITS, LOSS OF RENTS OR OTHER EVENTS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL OR LOSS OF USE, IK EACH CASE, HOWEVER OCCURRING, RELATED TO ‘THIS AGREEMENT, 93, Non-Possessore Intarest: Licensor retains full possession ofthe Property and Licensee ‘will not acquire any posscesory invest, whether temporary, permanent, or otherwise by reason ofthis ‘Agreement, o by the exerese af the permission given herein. Licensee will make no ela to any such, intetest and Licensee wll not elakn that it has or ever id en revocable license inthe Proper. 34, Waiver: Licensor shall not be deemed to waive any provision of this Agreement orally ‘or by conduct. Any waiver by Licensor of any provision of thie Agreement must be in a writing signed by Licensor. No waiver by Licensor of ay provision shal be deemed a wawer af any other provision or of any subsequent breach by Licensee of the same or un other provision. Licensor's cansent to or Spproval of any act shell no be decmed to render unneceasary the obtaining of Licenscr's consent to ‘or approvsl of any subsequent act by Licensee, Licensor's acceptance of payment aller providing notice ot termination to Licensee still not constitute a waiver of Licensors termination of the Agreement, 38, Authority: Thi Agrsment ie executed subject to General Order No, 69-C ofthe Publle Uuiities Commission of the State of California dated and effective July 10, 1985, incorporated by this Feference, As set forth in General Order 69-C, this License is made conditional upon the right of the [censor either on order of the Public Utlties Commission or an Grantar’s own motion to resume the cof that property (including, but not limited to the removal of any obstructions) whenever, in the interest of Licensor's service to fe patrons or conetners shall spear necessary or desirable to do , Licensee agroet to comply with al federal, state and loa! laws and regulations. This Agreement Should not be construed au a subordination of Licensor’ rights, tile and interest in and tote foe ‘ownership, nor should this Agreement be construed aa a waver af any ofthe provisions contained in Said License ora waiver of any costs of relocation of lected Licensor faites. 26, Mgcie snd Magnetic Heide CHEMI): Tere are numerous sources of power Sequenicy electric and magnet Geld EME"), including household or building wiring, electrical appliances and Sectre power transmission and distribution facities. There have been mimerous scientific studies About the potential health effets of EMF. Interest in a potential link between long,term exposures tO [EMP aad certain diseases is based on this sientifc research and public concerns. Iniiat(__y/__y h Heensor/LiensceSCE Doc. 225245 At. Contract No. 9.2687 (Formerly Contract No, L127) While some 40 years of research have not established EMF at health hazard, some health futhorties have iettiied magnetic field exposures ar a posuible human carcinogen. Many of the ‘Questions about diseases have been successfully resolved due to an aggressive international research program. However, potentially important public health questions remain about whether there i link between EMP exposures in homes or work and some diseases including childhood leukemia and a varity of other adult dimeasen fe, adult cancers and miscarriages). While scientific research is ‘continuing on a wide range of questions relating to exposures at both work and in our communities, & (quick resolution of the remaining scientific uncertainties isnot expected. Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to Licensor electsé facilities, Licensor wants to share with Licensee and those who may enter the property under this agreement, the information avilable about EMP. Accordingly, Licensor has fttacied to this document a brochure that explains some basic facts about EMF and that describes Licensor policy on EMP. Licensor alao encourages Licensee to obtain other information as needed to assist in Understanding the EMF regarding the planed uae of this property, 37. Induced Voltages: Licensee hereby acknowledges that any structures including, but not limited to, ildings, fences, lght poles that exis or may be constructed on the Property licensed herein, fuereinater, the *Stractares| in close proximity to one or more high voltage (66 telovalt or bore) electric transmission Hines and/or substation faites may be susceptible to induced voltages, “tale voltages and/or related electri fault conditions (hereinaiter collectively velered to as “Induced Voltages} unless appropriate grounding or other mitigation measures are Incorporated into. the Structures. If not properly mitigated, induced Voltages can cause a variety of safety and/or nuisance conulitions including, but not limite to electric shocks ot other injuries to indivdals contacting the ‘Structures or other utlites connected co the Structures fiacuding, but not Hmited to, natural gas lines, water lines or cable television lines), or interference with et damage to sensitive electronic ‘eqiipment in or around the Stractures, Measures to mitigate Induced Voltages, i required, wil vary from case to case because of factors stich as eleteic facility configuration and voltage, other utes involved, or ensitity of electronic equipment. Licensee wil he responsible to determine what Induced Voltages mitigntion measures should be undertaken regarding the Structures and to implement such ‘migation measures atts sole cost and expense, Licensee agrees for itself and for its contractors, agents Hcensees, invitees, and employees, to save ‘harmless and indemnity Licensor, its parent, subsidiaries and aliated entities and their respective officers and employees against all claims, loss, damage, actions, causes of action, expenses and/or lability arising from or growing out of loss or damage to property, including Licensor's own persons property, oF injury to or death of persons, including employees of Licensor caused by or resulting from ‘br connected to Induced Voltages on or related tothe Structure (thi space intentionally left blank) Initial (yy Licensor/Licence “12SCE Doc. 225245 Att Contract Wo, 9.2687 (Pormesty Contract No. Li273) 38. Notices: All notices required to be given by either party will be made in writing and deposited in the United States mail fret class, postage prepaid, addressed x follows: ‘To Licensor: Southern Calfornia Raison Company ‘Real Properties Department [Land Ranagement~blctro Region 2 innovation Way Pomona, CA 91768 Tolicensee: City of Alhambra 111 South First Steet ‘lamba, CA'91801 ‘Business Telephone No. (626) 570-5067 Notice will be doomed effective on the third calendar day after mailing. A party will immediately notify ‘the other party in writing of any address change. 99, Recording: Licensee will not record this Agreement. 40, Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions ‘and any appendix, addenda nnd exhibits attached hereto constitute the entite Agreement between the parties. This Agreement may not be modified, amended, contradicted, supplemented or altered in any ‘way by any previous writen or oral agreements or any subeequent oral agreements or unsigned ‘wrtten agreements. This Agreement may be modifed or amended only by way of «writing exceuted by ‘oth parties. 41. Signature Authority: Bach of the persons executing this Agreement warrants and ‘epresente that he oF ehe hae the Mil and complete authority to enter into this Agreement on behalf of the Party for which he or she ie signing, and to bind eald party to the agreements, covenants and term contained herein, 42. Survival: Any provision ofthis Agreement that imposes an obligation afer termination cor expiration of this Agrecment shall survive the termination or expiration of this Agreement (thle apace intentionally tof bank) Initia (__y__) icensor/Licensee 13SCE Doe, 225245 At, Contract No. 9.2687 ‘Formerly Contract No. L127) IN WITNESS WHERBOF, the parties hereto have caused this Agreement tobe exceuted in duplicate. SOUTHERN CALIFORNIA EDISON COMPANY By, LICENSOR Date SHARAT MISRA {and Services Agent land Management ~ Metro Region Real Properties Department CITY OF ALHAMBRA By, TICENSEE Bae Print Name: Initia (__yy_} "ieensor/ Licensee aSCE Doe, 225245 At, Contract No, 9.2587 (Pormesty Contract No. L1271) ‘The following criteria are provided to aid in developing a conceptual plot plan to be submitted to Southern California Bdleon Company herein after referred to. ax "Licensor” for consideration and ‘approval pio the start of any construction on "Licensor" property Plans should be developed indicating the size and location ofall planned improvements. The plan Should’ spectry the dimensions of all planned improvement suid the uistasce of il _plauted Improvements fom property Hines and ‘all adjacent “Licensos” towers, poles, guy wites or other Tieensor"feites ‘The plan must show the locations of all “Licensor” towers and poles, 16eot wide accoes roads, main ‘water lines and water shutot valves, electrical service lines and parking areas. All plans’ must indicate adjacent strets and inchide a "north arrow” and the Licensee's name ‘SHADE smRUCTURES (Defition: A noncflammable frame covered on the top with a material designed to provide shade t ald in growing plants) 1 Shade structures must maintain minimom spacing of 50 feet between shade structure locations, should. be placed perpendicular to Licensors overhead electrical “conductors. (vies) unless othensise approved in writing by Licensor, and should not exceed maximum dimensions of 18.100 feet in length 0 fet in width 6 15 feet in helt 2, Shade structures wil not be permitted within the following areas reserved for Licensor 4 Within 2 fet from edge of 16foot wide access roads 1b, 50-oot radius around suspension tower legs, H-Frames and poles © 100-foot radius around dead-end tower legs, H-Frammes and poles 44. 25-foot ras around anchors/uy wires, poles and wood poles 8. Shade structures mast utilize the following design ‘8. Temporary/slp joint construction only 1, Non-flanaable fate only Adequately grounded by a licensed electrical engineer Shade covering, must be non-flammable and manufactured with non-hydrocarbon materials. Initial ¢__yy__) Ticensor/ LicenseeSCE Doe. 225285 At Contract No, 9.2687 (Formerly Contract No. L1271) iBefialion: 4 simple, nonclanonable, enclosed structure designed to contol temperature without the Dent ef heating and/or ar conditioning units to ald in propagating and/or growing plants) 1, Shadehouses/hothouses must maintain minimum spacing of | SO feet between Sshadehouse/hethouse. locations, should be placed. in perpendicular to Licenser's overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not ‘exceed mam dimension of 8 100 feet tenet 1. 90 fet in width 615 feet n height 2, Shadehousee/hothouses will not be permitted within the following areas reserved for Licensor’ ‘2. Within 2 tet from edge of 16-oot wie access roads 1. S0-fot radius around suspension tower legs, H-Frames and poles 6 100-foot radius around dead-end tower legs, H-Frames and poles 4. 25-foot sadius around anchors/guy wites, poles and wood poles 3. Shadehouses/hothouses must ule the following design: ‘a. Temporary/slip joint construction only 1. Non-ftammable frame only Adequately rounded by a licensed electrical engineer Covering must be non-flammable and manufactured with non-hydrocarton materials ‘Gepnniouses (Deftion: An enclosed structure designed to contrel temperature and/or humidity by the use of heating ‘and/or air condlivoning wits tan propagating anor growing plants) Greenhouses will be considered on a case-by-case basta, IRRIGATION sysreMs / weULs 1. Masimum diameter of pipe: 3 inches 2. All pipe must be plastic Schedule 40 or better |. No rigaion system wil be permitted within the folowing ates reserved for Liensor's acces ‘2 Within 2fet from edge of 16-oot wide access reads 1. 50 foot radius around suspension tower leg, H-Frames and poles Initial (_yj__) Ticensor/LivenseeSCE Doe. 225245 Att Contract No. 9.2687 (Pormerty Contract No. L271) {6 100-foot radius around dead-end tower legs, H-Prames and poles Sprinkler and drip eigation controllers must be located atthe edge ofthe right of way Suitnble identification marzera willbe required on main controllers and valves Locations of main shutoff valve wil be provided and shown on a plot plan Underground foclites must have @ minimum cover of thee fot Earth disturbed must be compacted to ninety percent (90%) LANDSCAPING 1. No trees will be permitted under the overhead electrical conductors or within 20 fet ofthe dip Tine" ofthe condtictors 2, ‘Thoes must have siow to moderate growth, and must be of a variety that grows to a maximum height of only 40 feet and must be maintained by the Licensee ata height not to exceed 15 feet 4. Placement of large rocks (boulders) must be approved in writing by Licensor 44. Any mounds or change of grade mst be approved in writing by Licensor 5. No cactus or thorny shrubs willbe permitted 6. Retnining walls planters, ete. may be considered on a case by case basis and must be approved in writing by Licensor TRAILERS (Defron: Remoenble / portable office modules are not permited without Licensor's prior Berson Tres mast met te ong eter tbe consieed Tralers mst meet the flowing ‘4. Must have aul and wheal and be able tobe moved 1» Maximum length 40 fect ‘6. Maximum height: 15 feet 44, Maximum width: 12 feet 2, No trailer wil be permitted within the following areas reserved for Licensor's access 8, Within 2 feet ftom edge of 16-fot wide access roads », S0-oot radius around suspension tower legs, 1 1004008 rade aroind deadcend tower igs, HePeamen and pole 25-foot radius around anchors/guy wires, ples and wood poles Under or within 10 feet ofthe conductor “drip lines” rames and poles 3, Sewer or gas lines to trailers must be approved in writing by Licensor Initial w_) sense LicenseeSCE Doc. 295245 Att Contract No. 9.2687 (Pormerly Contract No. L127) Location of al electrical and telephone lines must be approved in writing by Licensor ‘lectrical lines must be installed by a icensed general contractor. ‘Trailers shall not be used for residential purposes ‘Tre of famable materials will not be permitted in trailers Adoqustely grounded by a licensed -general contractor PARKIN AKAs Parking areas should not be designed under the overhead electrical conductors or within 10 fet of the “Grip Imnew without Licensor’ prior written approval. Paring spaces to be identified under the fpproved site plan. "No Parking” striping may be required in areas where additional clearance is require. MATERIAL STORAGE 1. tan emergency occurs, Licensee must immestiately relocate all material speciied by Licensor to provide Licenser clear access tots faites, 2, Licensee must provide Licensor with a ist of material stored on the right of way 8. No toxic or flammable materials willbe permitted 44. No materials shall be stored within the flowing areas reserved for Licensor's access: 1, Within 2 feet from edge of 16-foot wide access roads 50 foot radius around suspension tower leg, H-Prames and poles ©. 100 foot radius around dead-end tower legs, H-Frames and polos 4. 25 fet crom anchors/guy wires, poles and wood poles '. Storage of materials not to exceed a maximiam height of 15 fet 6. Mo storage of gasoline, diesel or anyother type of fuel wil be permitted 17. Any fencing around the storage areas mist have Licensor's prior writen approval Tcenaor/LisensaeSCE Dos, 22545 at Contract No, 9.2687 (Formerty Contract No. 11273) ADDENDUM POLELINE, PIPELINE OR UNDERGROUND CABLE Licensee must obtain prior written approval from the Licensor for the installation of any ‘elles, inchuding any subsequent moliietions. Licensee vill maintain all facilities ina safe ‘conclition satisfactory to Licensor. [B. At any time, Licensor may require the removal, modification, or relocation of any portion of the feclily. Licenses will remove. modiy. or relocate same. atts expense. toa Tecation satisfactory fe Liecnsor within sixty (60) days aiter receiving notice to Femove, Mody, or relocate from Licensor. Licensee will construct, use, maintain, or remove facilities so as not to damage, endanger or interfere with the constriction, use and maintenance of existing faites, including Dut not Timited to, pipelines, underground cables, electric or telephone lines, andor any subsequent modifications. Licenser must place it fociitios at safe distance Under of Irom existing pipelines and underground cables. Mcensee must give Licensor ten (10) days prior written hotice of the tme and place of the commencement of any work to be performed on the Property D. Leensee must marl the locaton of all pipelines and underground cables with permanent ‘markers, Lioenase wll maintain and repair the markers, 1B, Pipelines and underground cables must be constructed and made of materials sufficient and te for their intended use Pipelines must be constructed to withstand a pressure equal to at leat one hundred and fity pereent (160%) of its maximum operating pressure. All pipelines must be tested upon Completion of construction. Licensee must give Licensor twenty-four (24) hours prior written ‘notice ofthe time and place of testing and provide a copy ofthe teat results upon request G. Wo valves or controllers for the pipeline are allowed on the property. HL. Licensee agrees thet pole line, pipeline or underground cable shall be removed upon ‘cancelation oF termination of this Agreement. Licensee shall provide the folowing information fon Pipelines to Licensor: 1, Material Safety Data Sheets (MSDS) forall oil products that have been moved in the pipeine. 2. Repair and replacement records 3, Hydro Test Records, 4, Records on spill or releases ny ea that has not always been over concrete. 2 6. Copies of correnpondence with any state oF local regulatory agency regarding the pipeline Initial (_yy_} Ticensor/LicensseALHAMBRA AB | LT T lmeact No| (7575; ‘AVENUE, AVENUE, el ‘ETHEL gy A 7 GRAND___AVENUE =| nrrt a MB. 80/63) | [= = 2 fae! weal = 8 Hlee PARK oun 3 ELEMENTARY SCHOOL a @ (a IP so sce on a fF ta oH iz 8 309 e90 CDAR ‘STREET Sar Ww rer tE ‘LEGEND @ i ROPER OF SCE i Bh ‘ Q marae = | E @ mama > ret TiN STREET Cee aes RS THAR TTT TT (EEE 6 mor star sons ucenseo 7 cr oF av Foe POELNE & INOERGRCND CALE COLT PURPOSES OLY ROUT NM: RHOWGR GARTELS NEMA RANONA BERT TZ AZ [oeniser omen (GOS) [sar EXHIBIT _"A” ‘iea1__[a07037 LODE: OT OF AANORN NRCT WO. 9.2607 [pecootr nas uiz7i fare vou [Sane os mE sine cx [rs 05/4 [WS 055-087 penis ste ueceo SEE aocinew no: 295288/001 scr swnens we w/a [See nb Roe 18-734) pF 200301515550.006 “mem carne 7-0 sin 5. wise [uno woonc: 1. wontora —[orcacD er w_ MEL EDISON] fone wo wovrerazo [Wor no. 20071s017 [iw 00/27/2077 [rie wus 9.2687. 0M et uous TE FA KSAT He TROT AN oo TEtr No._&. CITY OF ALHAMBRA Mec ‘AGENDA REPORT ‘habe CITY MANAGER APPROVAL: ww \ Date: October 23, 2017 To: Honorable Mayor and Members of the City Council SUBMITTED BY: CivistopherM. Paulson, Communty Services Director (P? SUBJECT: AMENDMENT — AGREEMENT FOR THE JOINT USE OF THE MARTHA BALDWIN SCHOOL BALLFIELD ~ C82. RECOMMENDATION: It is recommended that the City Council approve the amendment to the Agreement (C82-8) by ‘and between the City of Alhambra and Alhambra Unified School District, subject to final language approval by the City Manager and City Attorney, for the Joint Use of the Martha Baldwin Schoo! Balfeld 2s part of the Almansor Park Improvement Project and the addition of field lighting: and, crect staff to undertake the steps necessary to finalize Councis action. FACTS 1. The Clly of Alhambra and the Alhambra Unified School District entered into a joint use agreement for the Martha Baldwin School Ballfield in 1982. 2. At the request of the community and direction from the City Counci, staf is proceeding with the instalation of three 80-foottall field lighting poles, to iluminate the field for evening sports. 3. In order to add the field lighting, an amendment to the 1982 agreement is required, indicating thatthe City is responsible for installation and maintenance for the duration of the agreement. FISCAL IMPACT: No Impact ATTACHMENTS: Nonetomo.) CITY OF ALHAMBRA ter "AGENDA REPORT CITY MANAGER APPROVAL: DATE: October 28, 2017 To: Honorable Mayor and Members ofthe City Council SUBMITTED BY: Tara Schultz, Assistant City Manager ‘SUBJECT: AGENCY SHOP AGREEMENT FOR THE NEW ALHAMBRA, MANAGEMENT EMPLOYEES ASSOCIATION RECOMMENDATION: It is cocommended thatthe City Council approve the Agency Shop Agreement forthe new Alhambra Management Employees Associaton, BACKGROUND: Recently the Cty completed the recognition process forthe new Alhambra Management Employees ‘Association (AMEA). The City and the Association have been working together create an Agency Shop Agreement or the Associaton, which would require that all members pay association dues or a service fee or establish a religious exemption therefrom. Dues are set by the Association and ‘chargedto the Association member through a payrolldeduction. Should an Associaton member be ‘granted a religious exemption by the Associaton, the dues/fee would be paid, atthe employee's election, to the American Red Cross, American Heart Association or American Diabetes ‘Association. The agreement does exclude certain management positions from the agency shop ‘agroament based on state law's definition of management and as agreed upon by the City and the ‘Association, Rescission ofthe Agency Shop requires a 30% affirmative voto of the Association members. INANCIAL IMPACT: ‘Association dues/service fees are paid by the Association member through a payroll deduction. ‘Approvalof tis Agency Shop Agreement with the Alhambra Management Employees Association ‘will not result in any additonal cost othe City. ATTACHMENTS: ‘Agreement between the Alhambra Management Employaas Association and the City of ‘Alhambra regarding implementation of Ageney Shop Arrangement.AGREEMENT BETWEEN THE ALHAMBRA MANAGEMENT EMPLOYEES ASSOCIATION 'AND THE CITY OF ALHAMBRA, REGARDING IMPLEMENTATION OF AGENCY SHOP ARRANGEMENT 4. Authosty ‘The City of Alhambra (Cy) and Alnambra Management Employees Association (Associaton) mutually understand and agree that ll employees In Cy’ positions in the bargaining unit represented by the Association have the right to Join or not jln the Assocation. However, in ‘acoordance with Calfornia Government Code section 3502.5, the enactment ofa local “Agency ‘Shop” arrangement requires that a8 & condition of continuing employment, employees in the affected bargaining unit must join the Asseciation, pay to the Association a service fee In lieu thereof, or establish a religious exemption tharatram. ‘Such service fee shall be established by the Association, and shall not exceed the standard inlation fee, periodic dues and goneral assessments ofthe Association. 2. Assodation DuasiSenvice Fees (@) Following adoption ofthis Agreement by the City Council for the City of Alhambra (City Counci), the Association shall provide written notice tothe City ofthe monetary amounts ‘established for Assocation membership dues and for service fees. (©) Effective wth the frst day ofthe first pay period folowing adoption of this Agreement by the Alhambra City Counci, the Human Resources Department shall provide all non- ‘members in positions represented by the Association, and any employees hired into the Association's represented positions thereafter, wth an authorization notice advising them ofthe fllowing information: (1) an Agency Shop arrangement for the Association hhas been enacted pursuant to state law and (2) all employees in the bargaining unit ‘subject to the Agency Shop arrangement must ether join the Association and pay duos to the Association, refrain from joining the Association and pay a service fee to tho Association, oF execute a writen declaration claiming a religious exemption from this ‘requirement, in accordance with the provisions of Section 3 of this Agreement. Such notice shal Include a form for the employee's signature authorizing a payroll deduction ‘of Association dues, a service fee, or charitable contribution equal tothe service fee. Employees shall have 14 calendar days from the date they receive the form to fully ‘execul it and reluen i to the Human Resources Deparment. (©) Ifthe employee completes the form properly, authorizes the deduction of Association ‘oues or the service fas, and returns the form win the Veday perio, the Clty sta begin the applicable deduction of Association dues or the service fee no later than the beginning of the first pay period commencing after recolpt of the authorization form by the Human Resources Department. Ifthe form is not completed properly andlor not feturned within the stated ime period, the City shall begin the deduction of the service fee no later than the beginning of the fst pay period commencing after the expiration of the ‘4-day time period. If the authorization form is properly completed claiming the religious exemption and returned during the slated period, the procedure provided in ‘Section 3 ofthis Agreement shal be followed.@ ©) ) © © @ No deduction of duas of service fees shall be made during any pay period in which an ‘employae's earings, aftr all ther deductions are made, are insufficient to cover the full ‘amount of the dues or service fee. (0) When an employee isin a non-pay status for an entire pay period, no deduction wil be made to cover the pay period from future eamings. {@) Inthe ease of an employee who is in a non-pay status during less than an entire pay period and whose earnings, after all other deductions aro made, are Inuificiant to cover the full amount of the dues or serviee fee, no deduction sh 'be made from future earings to cover the pay period. ‘The Association shall provide writtn notice to the Ciy al least 14 calendar days before ‘a change In the amount of dues or service fee will ake effect and identi the changed ‘amounts, Religious Exemption ‘Any employee who Is able to demonstrate that he or she is a member of a bona fide religion, body or sect that has historcally held conscientious objections to Joining or financially supporting public employee organizations may request exemption from payment of membership dues or a service feo as a condition of employment. To request exemption, the employee must submit a signed deciaration affiming membership in such religion, body, or sect, along with any supporting documentation in the form of letter signed by a representative of the religious organization, body or sect, to the Human Resources Department \Writen dactarations, applications for religious exemption and any supporting documentation must be submitted to the Human Resources Department. Within 14 calendar days of receipt of any such writen request for religious exomption, the Clty shall forward a copy of the request and any supporting documentation to the Association for review, after which the Association shall issue written determination within 14 calendar days, accepting o rejecting the request for religious exemption, ¥ an exemption is approved, tho employee will be required, in leu of a service feo, to pay sume equal to the sorvice fee {0 a non-religious, nomiabor charitable fund exempt {rom taxation under Section 501(c)3) ofthe internal Revenue Code. The employee shall Contribute to one of the following recognized charities: (a) American Red Cross: (b) ‘American Heert Association; or (c) American Diabetes Association, No latar than the frst pay period after receipt of a requost for raligious exomption, the ‘City shall, one me ony, deduct the chantablo contribution from the employee's ‘eamings. ‘The chantable deduction shall be held in escrow pending the City's recelpt of the Association's wien determination under Section 3b). (Upon receipt of the Associations written approval of the request for religious ‘exemption and upon recelpt of the employee's written identification of an ‘appropriate chart, the City shall remit the esorovied amount fo the designated charity(A) In the event that the employee's earnings, after all other deductions are ‘mado, are insufficient to cover the full amount ofthe required remittance, the provisions of Section 2(6) ofthis Agreement shall apply. (8) The Association shall provide walten notice to members who receive an approved religious exemption at least 30 days before an increase in service fees and associated required amount of charitable remittance takes effect. (W) Upon receipt ofthe Association's written denial ofthe religious exemption by the ‘Assocation, the City shall convert the charitable contribution deduction to a service fee deduction and remit the escrowed amount to the Association as service fees. Thereafter, the City wil follow the provisions. set forth in this Agreement applicable to deduction of service foes. 4. Management Employees Exomption The City and Association agree and acknowledge that the bargaining unit includes certain ‘management postions and thal the law precludes the partes from applying the agency shop arrangement or requirements set forh in tis Agreement to said management employees. At this time, the pares agree and acknowledge thatthe following positions are excluded from this ‘Agreement: (a) Administrative Financial Manager (©) Code Enforcement Supervisor (c) Customer Service Manager {@) Deputy Director of Community Services (@) Deputy Director of Developmental Services (Deputy Director of Public Works. (g) Deputy Director of Utities (h) Environmental Compliance Manager (i) Financial Services Manager (Fleet Manager (k) Housing Project Manager (Library Services Manager (m) Principal Planner (n) Project Manager (0) Records Manager ‘The City and Association agree and acknowledge that these designated management positions may be modified or changed and that additional positions may be added or removed in Accordance win Calforia Government Code section 3602.5 oF in complance will Ure Cys Employer Employee Relations Resolution andlor established local agency rules. 5. Rescission ‘The ageney shop arrangement set forth inthis Agreement may be rescinded by @ majorly vote lof the employees in the unit covered by the Agreement, provided that: (2) Atequest for such a vole is supported by a petition containing the signatures of at least 30% ofthe employees in the bargaining unit 2(©) The vote is conducted by secret ballot; (©) The vote may be taken at any time during the term of the memorandum of understanding, but in no event shall there be more than one rescission vote taken during thal term. Notwithstanding the above, the Cty and the Association may negotiate, and by mutual agreement provide for, an'allerative procedure or procedures regarding a rescission vote on an agency shop arrangement (4) Ifa rescission vote Is aporoved by bargaining unit members during the term of a current memorandum of understanding, the Association agrees nol to pettion for or seek ‘Agency Shop status forthe duration ofthe current memorandum of understanding. 6. Records ‘Tho Association shall Keep an adequate itemized record of Its financial transactions and shall make available annually upon request, tothe City, and to the employees who are members of the Association, wihin 60 days aftr the end af is fiscal yeer, a detailed writen financial report thereof inthe form of @ balance sheet and an aparating statement, certified as to accuracy by its president and treasurer or corresponding principal fier, or by a certied public accountant. 7. Indemnification ‘The Association shall indemnify, defend, and hold the City harmless against any ably arising in any forum, whether judicial, administatve, or otherwise, from any claims, demands, or other ‘ction relating to the Cilys compliance with any obligations imposed under this Agreement, including, but not limited to, deduction of membership dues, agency fees, and chartable nations: religious exemption rom payment of agency fees, the Association’ use of monies ‘ollected under these provisions, or any other obligations imposed under the Government Code ‘Section 3502.5. The City reserves the right to select and direct legal counsel inthe case of any challenge in any forum relating to the Cilys compliance with this Agreement, and the ‘Astocialion agrees to pay any atlomey, arbitrator or court feos related thereto, as well 3s reasonable cost of preparation time by City management. 8. Reopener Wat any time the law applicable to Agency Shop arrangements is modified (elther Government Code Section 3602.5 oF federal law) the parties agree that either party has the right to reopen this Agreement. 8. Successor Memorandum of Understanding The City and Association agree and acknowledge thatthe provisions and requirements ofthis ‘Agreement will be incorporated into any subsequent memorandum of understanding entered Into between the parties folowing approval by the City Counci. The parties futher agree and acknowledge that upon ratification of a memorandum of understanding by the City Counc, that the provisions regarding Agency Shop in the memorandum of understanding will supersede those sat forth in this Agrooment. 10. City Council Approval‘The City and Association agree thatthe agency shop provisions set forth inthis Agreement shall be implemented folowing approval ofthis Agreement by the City Council Cy of Alhambra: Dated: "Tara Schultz, Assistant Oly Manager ‘Alhambra Management Employees tion wwe 0h [7 my (LOL LO David Dolphin, Presidentlo tom No. CITY OF ALHAMBRA "AGENDA REPORT CITY MANAGER APPROVAL: part October 23, 2017 To: Honorable Mayor and Members ofthe City Council ie [SUBMITTED B) Mero Castegnola, AICP, Director of Development Services Holy Che, Hong Aten suBJEC' APPROVE AN AFFORDABLE HOUSING AGREEMENT WITH EAST LA ‘COMMUNITY CORPORATION, AS A QUALIFIED COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) FOR REHABILITATION OF A SINGLE FANILY HOME AT 910 BENITO AVENUE RECOMMENDATION: Itis recommended that the City Council approve an affordable housing agreement with East LA Community Corporation, @ Qualified Community Housing Development Organization (CHDO), subjectto final language approvalby the City Manager and City Attomey, inthe amount of $285,186 for the rehabiltation of 810 Bento Avenue, with this Agreement superseding all previous agreements entered into between the City and CHDO, including but not limited to that certain ‘Agreement for Professional Services dated May 26, 2017, contract number C2M17-28; and aiect slaff to underiake the steps necessary to finalize Council's action, KGROUN (On February 27, 2017, the City Council approved an appropriation from the Housing Asset Fund for the purchase 910 Benito Avenue wih the infot of rehabiltating it with Housing Asset and HOME CCHDO funds, and when completed selling it to @ qualified participant of the City's First Time Homebuyer Progrem. (On May 8, 2017, the Cty Councll approved an agreement wth East LA Community Corporation, a Quaified Community Housing Development Organization (CHDO) to rehabiltate a single-family home at 910 Benito Avenue, However, the U.S. Department of Housing and Urban Development (HUD) required additional standards as well as elements of 24CFR part 82, Section 82.2 inthe \wtten agreement. ‘This Affordable Housing Agreement replaces and supersedes the previously adopted agreement. However, all terms remain the same, including the approved rehablltation contract amount of $285,186, ‘The Ciy’s HOME funds are used to provide decent affordable housing to lower-income households. Fiteen percent (15%) of each annual HOME allocation must be set aside to fund CHDO projects. ‘The City has accumulated CHDO funds from prior years inorder to fund a project. The property at {810 Benito is developed as an 808 square fot single farily dweling comprised of two bedrooms, ‘one bathroom, and a single car detached garage. The property is in cisrepair and needs ‘ehabiltation to bring the property up to heath and safety standards, to corect al code violations, ‘and rehabiltate tin accordance with the City's Rehabilitation Standards. Staff is recommending the CHDO rehabilitate the property into a 3 bedroom, 2 bathroom home, with a two ear garage.FINANCIAL ANALYSIS: CHO funds in the amount of $2 in HOME account # 262.40 4030,65320, an addtional $34,445 of CHDO funds are avaliable inthe FY 2017-2018 HOME budget, and $32,494, availabe in Housing Asoet account # 205.40 4905,65316. Ley oponceninsns apy Wr Fea sROMIITGALCSO Sa apItem No. CITY OF ALHAMBRA Coat ‘AGENDA REPORT CITY MANAGER APPROVAL: tee my Dam October 23, 201 To: Honorable Mayor and Members ofthe Cy Counc SUBMITTED BY: Christopher M, Paulson, Community Services Director” SUBJEC| APPROVAL OF CHANGE ORDER - ALMANSOR PARK IMPROVEMENT {JECT - G2M17-51 RECOMMENDATION: It ie recommended that the City Council approve Change Orders #-3 in the amount of $168,857.85, thereby. increasing contract C2MI7-51 with Los Angeles Engineering from $1,755,044.00 to '$1,924,801.65, and direct staff to undertake the steps necessary to finalize Council's action, ‘BACKGROUND: (On August 14, 2017 the City Council awarded contract C2Mt17-61 to Los Angeles Engineering in the ‘amount of $1,755,944,00 for the Almansor Park Improvement Project. At this juncture, the project has three change orders that should be approved by the City Council before staff directs the contractor to proceed, ‘Change order #1 i in the amount of $2,570.40 for the abatement and remediation of asbestos found in the restroom that has since been demolished. ‘Change order #2 isin the amount of $8,287.25 in order to extend the height of the (8) shade structures {om 8 feet high to 10 feet high, in order to provide additional clearance, Based on the City Gounci's direction to reject the lawn bowling bids, staff recommends change order #3, in the amount of $160,000 00 fer demolition, rough grading, and to stub underground utltes inthe area ‘of the remaining lawn bowling green, This change order will ensure that whichever project the City ‘Council decides to proceed with, the completed work forthe Almansor Park Improvement Project will not be disturbed or damaged inthe process. Staff recommends approving the change orders so construction can proceed in a timely manner and so the contractor and staff can complete the project by the April 30, 2018 deadline imposed by HUD. FINANCIAL ANALYSIS Funding for this project has been made available in CDBG account 261.12.1252.91620. ATTACHMENTS: NoneHem No, IZ CITY OF ALHAMBRA AGENDA REPORT CITY MANAGER APPROVAL: DATE: Cctabee 23, S To: Honorable Mayor and Members the Cty Counc SUBMITTED BY: Paul Espinoza, Finance Dsctor > SUBJECT ‘TREASURER’S REPORT AS OF SEPTEMBER 30, 2017 RECOMMENDATION: It Is recommended that the City Council receive and fle the attached September 30, 2017 ‘Treasurers Report. FACTS AND BACKGROUND: 4. Attached is @ copy of the Treasurer's Report that lists the Cy’ investments as of September 30,2017, 2. Clty investments are made in compliance with the City's Investment Policy Statement 48 adopted by the City Council on June 26, 2017. 3, The altached September 2017 Tressurer’s Repor iss investments held by the City as of Septomber 30,2017 as well asthe current market value for such investments, Allinvestmenis have been made in accordance with the Cys Investment Policy Statement as adopted by the City Council. The City invests primarly inthe State of California's Local Agency Investment Fung, Certificates of Deposit and U.S. Government Treasury and U.S. Agency securities, allot which are considered safe investments. All investments are considered frst for safety, then liquidity and finally yield. Securities are purchased to be held until maturity and notto be traded for short term gains; however, i certain market conditions exis, the preservation of capital principal will be employed to maintain safety involving market and credit risk citron, FINANCIAL ANALYSIS: Based upon California Government Code Section $3646 ()(), the Cty of Alnambxa's cash position is sufcientto meet Is expenatture needs forthe next six moria a Oe aan eee ee ay See att mapempematstntca ee Se ee eat caret ewan oe oy poms Peeeees = ore HEE: GSE EES Jes Jese Joee ia ie Tora ean amvestuers sromusrene Se a hn Toe ma vnc ace tie sey cSt Cys psy Wao maha ‘ne Seea seumat Pay ycepese synecretp eee ma carbs Bana cos,Septmbor 302017 eles Secon 125 Fund (San fe West 048 048 1346 Total nk Demand Accounts Hol rst 8048 13a Tae YOvaer rane) tseaes wsmaeasr—tasmaeas7 Wun e902) fase aries 220K Tot ployee Delered Compensation Poors wasoerrray —23gn77783 Zeros ‘CabStt LA Matrotnk tation Autor Bank Damn soit ean oe ee eaar as oua79 240795 00% Noney rat (Sate Ws) ssteit_setvetae astute S00 "Tul Sse LAMeonk Staton Auton 760 Cas & vastness fo Ot isons [Past CA Goverment Cs Seton 08050) (1 Poles Felity'2 COPe eat Aaron Teeny tga Furd ws east eat a00% ‘AMBAC Asuance Com, Bon arene Paley (5210.75) +00 190 100 000% an ow Yor Aa 94 Rese Fa 02860 na ona ose Fun at 002864 os oe oer con ‘rs Cao USO 208 tonsmor —sosssoss scant Incr secrete andr cejecoco romeo ___eerganmo__ 50% ‘Anata Pahing Authority Bond 3 ‘Bent ew Yea Pang 2075 ConsrconAct48602 ae rreasnen —s8ssse0 R83 OOO ‘Ahambea Water Ror Re Saves 6 Cast ow ooo 00, coo ots Cah and investment for Dot ane soragrso__so1n03060__sarn9050 Toa Rested Cash and nesta paonessao _ neanas40 5.5840ten no, 2 Unofficial until approved by the ‘Alhambra City Council MINUTES. Regular Meoting ALHAMBRA CITY COUNCIL May 9, 2016 5:30 pam, ‘At 5:30 pm. on Monday, May 9, 2016 the Alhambra City Council met in the ‘Council Chambers ofthe Anambra City Hall PRESENT: SHAM, YAMAUCHI, PLACIDO, AYALA, MESSINA ‘ABSENT: NONE Officials Present: ily Manager Swink, Assistant City Manager/Personnel Director Bacio, City Attorney Montes, City Clerk Myles, Director of Community Services Ray, Fire Chief Phelps, Director of Environmental Services Jarvis, Director of Administrative Services Pauison, Library Director Hernandez, Assistant City Manager/Director of Development Services Schultz, Director ‘of Finance Espincza, Director of Public Works Chavez, Police Captain Mar, Deputy City ‘Manager Binnguist, Management Assistant Kespradit and Sergeant-at-Arms Diaz FLAG SALUTE: Led by Mayor Messina READING OF ORDINANCE TITLES ‘Government Code Section 36934 requires that all ordinances be read in fl prior to City Council taking action on the ordinance. By listing the ordinance tite on the Council agenda, Counc may {determine thatthe ttle has been read, ‘Action Taken: On motion of Councimember SHAM, seconded by Councilmember PLACIDO, the City Council determined that the tiles to all ordinances which appear on this puble agenda have been read, and waived futher reading, Hearing no objections, the Mayor 80 ordered. CLOSED SESSION & CITY ATTORNEY ANNOUNCEMENT re SAME - F2M16-14 City Attorney MONTES identified those items listed on this evening's agenda wnich would be discussed in Closed Session as follows: Conference with Real Property Negotiator (Govt. Code Section 54966.8): Property: 107 South Chapel Avenue, Negotiating parties: City Manager as Chief Executive Officer of tne Suesessor Agency and all future bidders for purchase, Under ‘Negotiation: Instruction to negotiators will concer price, terms of payment or bth, Property: 110 East Main Street, Negotiating parties: Cty Manager as Chi Executive ‘Offer of the Successor Agency and all future bidders for purchase, Under 1 5.016Negotiation: instruction to negotiators wil concern price, tems of payment or both, Property: 112-116 East Main Street, Negatltng partes: City Manager as Chief Executive fee af the Sucoessor Agancy and all uture bidders for purchase; Under Negolaton’ instruction to negotiators il concem pice, terms of payment or bth, Conference with Legal Counsel-Existing Litigation (Govt. Code Section £54956. 9()(1)): Mariana Herrere- Dubois . Cy of Anambra, WCAB No. ADJ6970787; 'ADJ6070785; Fila No. 2009105876, 2010106524 Conference win Legal Counsel - Anticipated Litiyation: None. Discussion of Personnel Matters (Govt. Code Section 54957): Public Employee AAppointment- Tile. Chel of Police and Fie Chiet Conference with City's Labor Negotiator (Govt. Code Section 4957.6): None Whereupon at 5:31 p.m, the City Counel moved into closed session pursuant to applicable law, ineluding the Brown Act (Government Code Sec. 54960, of seq) for the purpose of conferring with the City Attomey. RECONVENE: At 7:00 p.m, the City Council moved out of closed session with all members presen i, (CEREMONIALS 4 59416 CERTIFICATES OF SERVICE: OUTGOING BOARDS & COMMISSION MEMBERS ~ F2M16-3, F2M16-25 ‘The City Council, on behalf of the ctizens of Anambra, wished to recognize the City's ‘outgoing Board and Commission members fr their outstanding and dedicated servico to the Gity of Alhamora, Mayor Messina presented the Certificates of Service, and each of the Councilmembers expressed their gratitude for their appointed Board and Commission members. GABRIELA QUINTANA Transportation Commission & Board of Library Trustees (years) DAVIO MEA CDA citizen Advisory Committee (eyes) JOHN LooGE Planning Commission (6 years} ALFREDO GONZALEZ Environmental Committoo (years) DEBBIE JOHNSON(ty Arts & Cultural Events Committoo (years) ALBERTLU Parks & Recreation Commission (years) COMMENDATIONS: C-SPAN'S 2016 STUDENTCAM DOCUMENTARY AWARD WINNERS - F2m6-3 Mayor Messina, on behalf of the Cty Council and the residents of Alhambra, presented ‘commendations to Alhambra High School students fr their production of a documentary film entitled "A Sense of Security” which was selected as the winning shor documentary fn the issues students wished forthe presidential candidates to discuss during the 2016 campaign at C-Span's 2018 Studenicam event. Mayor Messina presented the ‘commendations te the AHS student documentary fim makers. ANDY CHAN AAQIL KHAN ‘SHANNON KHA, MR, JOHNNIE LAU, TEACHER ‘COMMENDATION: MANAGED CAREER SOLUTIONS INC. - F2M16-3 Mayor Messina, on behalf ofthe City Council and the residents of Alhambra, presented 1 commendation to Managed Career Solutons Inc. located at 2550 West Main Steet. AL its Alhambra location, Managed Carear Solutions Inc. offers employment, traning and ‘support services to all eligible Alhambra residents and the surrounding region. Such ‘services include providing assistance for unemployed adults, dislocated workers, out-of Sschoal youth, young adults, disabled persons and veterans with job training and job placement al no cost tothe job seeker or employer. Managed Career Solutions inc. isto be commended for working dligenty to contribute to the economic wellbeing of ‘Alhambra residents and businesses and far praviging job training and placement to over 6600 people each year. Mayor Messina presented a commendation to Mr. Philp Start, Executive Director of Managed Career Solutions, Inc PRESENTATION 4 5.016 ‘STRATEGIC PLAN UPDATE - F2M14.53, (On December 4, 2015, the City Council and Executive Staff met to review the current three-year goals (2015-2017) and sh-month objectives to implement the City’s strategic plan, Approximately every six months, the City Councll and Executive Staff meet to Update the objectives. During the strategic planning process, it was determined that staff ‘will raview the progress of tne goals and objectives and present to the City Counell the ‘tatu on a monthly basis. Management Assistant KESPRADIT discussed the updates {rom the April meeting, which are on fe in the City Clerk's officePublic Input: Lola ARMENDARIZ asked for more information regarding the references to security inthe Parks alter 5:00 pm. She recalled the staff presentation al the Council meeting held on Apri 26, 2016 regarding the possible security measures in the park, and that staf discussed May 1, 2016 ae the start date for this program. She stated tat litle detail has oeen provided, and requested more information regarding the specifics a8 it affects Code Enforcement and the Pole Department, She stated that Park Rangers ‘should be present during regular park hours, She also stated thet Alhambra Park should be a passive use park, and that the level of actviy that exists in the park necessitates Ucdicated park rangers. She commented on the lack of community outreach regerding ‘security in the parks, and to identify ether conceme Discussion: Councimember PLACIDO referred to the Second Neighborhood Clean: Up Program, and asked for more information. Director of Administrative Services PAULSON respanded by stating that the event would take place on Saturday, June 4 from 8:00 am. to 12:00 p.m. an would focus on the neighborhood from Sixth Street to Second Street, and between Valley Boulevard and San Marino Avenue He stated that the purpose ofthe Code Enforcement event was to target neighborhoods of single family homes with residents who are elderly, disabled, veterans, or low income who could benefit rom assistance in cleaning their homes of large trash Items, recyclable item, hazardous waste, e-waste, and green waste, He stated that at the previous year's event, fa team of 100 volunteers cleaned €0 properties, filed 11 tons of tresh hauled by Republic Services, Dr. PLACIDO asked hou volunteers. could get involved, and Mt. PAULSON responded that the public can contact Code Enforcement for more information and volunteer, Dr. PLACIDO asked what volunteers could tring on the day ff the Clean Up, and Mr. PAULSON responded that volunteers could provi their own rakes, brooms, shovels, wheelbarrows, gloves and small gardening tools. He added that Volunteers must be over 18 years of age, and that they would accept the assistance of Boy and Girl Scouts, provided they afe’old enough. Dr. PLACIDO asked about the volunteer participation from the previous year, and Mr PAULSON stated that they received volunteers from local churches and service organizations, including local ‘Albambra high school students, Mr. YAMAUGHI recalled he was present forthe last event and commented that he was ‘most impressed by the youth participation, He recalled that approximately 75-80% of volunteers were young people. He asked if refreshments were provided to volunteers, and if they were donated, Mr. PAULSON stated thatthe refreshments were donated by the San Gabrie! Valley New Gen Rotary Club who sponsored lunch for the volunteers at the event, He stated that other local businesses, including Starbucks and Costco, also donated food and drink tems. He stated that the businesses made their contributions because they recognize the value of cleaning sp local naighborhands Action Taken: City Council received and ordered fled this informational report presented this evening PUBLIC HEARING 5, 2016-2017 ANNUAL ACTION PLAN FOR CDBG AND HOME PROGRAMS - F2M16- 136, N2M16-52, M2M16-58 5.0465.016 Deputy City Manager BINNQUIST reported that this was the time and place set by Notice No. N2M16-62 for the City Council to hold a public hearing to consider the proposed Community Development Black Grant (CDBG) andl HOME funding for the City ‘of Alnambra's proposed 2016-2017 Annual Action Plan to receive comment pursuant to {and in compliance with the Federal Department of Housing and Urban Development (HUD) pre-submission requirements, (On Apri 6, 2016, the Ciy of Alhambra made available its drat of the 2016-2017 Annual Action Plat for 30 day public review and comment. The document was avaiable for Fevisw during normal business houre until May 6, 2016 at City Hall, the Civic Center Library andlor on the City's website. No comments were received. For fiscal year 2016- 2017, HUD has notified the City that it has an allocation of $814,195 in CDBG Funds ‘and $352,789 in HOME Funds. This represents an increase in CDG funds of $22,697 land an increase In HOME Funds of $28,244, oF +3% for CDBG and +9% for HOME, from FY 2015-16. Ws, Binnguist stated thal funding would not be used for capital projects. The following programs are proposed to be funded from CDBG and HOME ‘uring fiscal year 2016-17: Proposed Work Program (CDBG) ‘Administration 137,839 Fair Housing Services 25,000 Housing Rehabitation 352,227 Code Enforcement 477,000 Public Services 122/128 Proposed Work Program (HOME) ‘Adminstration 35278 CHDO (New Construction) 52918 Home Buyer Program 78,000 Housing Rehabiltation 186,583 [At theie April §, 2016 meeting, the HCDA Citizen Advisory Committee reviewod the 2016-2017 Annual Action Plan ‘and voted unanimously te recommend approval to the City Council, Sta was requesting that the Council authorze staf to file the 2016-2017 ‘Annual Action Plan with U.S. Department of Housing and Urban Development Opened & Closed Public Hearing: Mayor MESSINA opened the public hearing; and, ‘a8 there was no one present wishing to speak, she closed the same. Discussion: None Action Taken: City Council approved the 2016-2017 Annual Action Plan and authorized staff to submit the plan to the U.S. Department of Housing and Urban Development (HUD), (2M16-58) Vote: Moved: PLACIDO Seconded: YAMAUCHI ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA, Noes: NONE ‘Absent: NONE 6CONSENT AGENDA (Item Nos. 6 -23) Al items listed under the Consent Agenda were considered by the City Council to be routine ‘and therefore, were enacted by one mation, 6 5.916 SAN GABRIEL VALLEY MOSQUITO & VECTOR CONTROL DISTRICT: APPOINT CITY'S REPRESENTATIVE TO BOARD OF TRUSTEES — F2MA-48, R2M16-15 By Helter dated April 11, 2040 the Gan Gabi! Valley Mosquito & Vector Control Distt hhas requested the City appoint a representative tothe Board prior to the end ofthe year Trustees may be appointed or reappointed fora tm of two or four years. Councilperson Stephen Sham currenty serves as the City’s representative, a poston he has held since (October, 2007. Because of his experience and the knowledge gained as a Trustee, Mr ‘Sham has expressed his desire to be reappointed to the Board of Trustees for a four year term Discussion: None Action Taken: City Council adopted Resolution No. R2M16-16 entitled: A Resolution ofthe Alhambra City Councll appointing Stephen Sham to represent the Cy of Alhambra on the Board of Trustees of the San Gabriel Valley Mosquito & Vector Control District for a 4-year term commencing on January 1, 2017. Vote: Moved: YAMAUCHI Seconded: PLACIDO ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA Noes: NONE ‘Absent: NONE AWARD CONTRACT: 2016 U.S.0.A. SUMMER LUNCH PROGRAM - F2M6-60, N2M16-21, C2M16-25, M2M16-59 ‘On Apri 21, 2016 the City Clerk received three bids ranging from $84,998.68 (Unified Nutr-Meals) to $105,604.96 (Preferred Meals) for provision of lunches’ and snacks for the 2016 US.DA. Summer Food Service Program. Staff requests thatthe City Council award a contrat to Unified NutiLMeals. The Summer Food Service Program will be Conducted Monday through Friday al four City of Alhambra park locations: Alhambra Park, Almansor Park, Granada Park, and Story Perk from May 31, 2016 through August 5, 2016, Lunches will be served 11:00 aim, to 2.00 pm. and snacks wil be served 3:00, pm, to 4:00 pam, Discussion: None Action Taken; City Council approved a contract, subject to final language ‘approval by the City Manager and City Alterney, by and between the City of Alhambra land Unified Nutt-Meals to provide nutrtionally balanced lunches and snacks for chidren between one year of age and eighteen years of age, the cost of which wil be charged to the City on a per unit basis, In an amount not to exceed $94,930.68 for the 2016, ‘Summer Food Service Program: and, directed staff to undertake the steps necessary to finalize Council's action, (M2N16-58)5-016 Vote: Moved: YAMAUCHI Seconded: PLACIDO ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA. Noes: NONE ‘Absent NONE AWARD CONTRACT: HEATING, VENTILATION AND AIR CONDITIONING MAINTENANCE SERVICES ~ F2M10-64, RFP2MI16-2, C2N16.26, M2M16-0, ‘Staff requested that the City Council award a contract for Heating Ventilation and Air Conditioning (HVAC) Maintenance Services for City Hal, Library and Police Department to Johnson Gontols, inc. The City’s current contract with Johnson Controls would terminate on June 36, 2016. City Council authorized the citculation of a Request for Proposals at their February 22, 2016 City Council meeting, Four companies submitted proposals, The proposals were evaluated based on qualifications, corporate capabilty, Slalement of work, and cost, Stalf believed that Johnson Controls, Inc. has provided ‘great service, excellent response times, and competitive costs Discussion: None ‘Action Taken: Gly Counell awarded contract, subject to final language ‘approval by the City Manager and the Gity Attomey, to Jonson Controls, Inc, for Heating, Ventilation and Air Conditioning Maintenance Services for City Hall, the Library and Police Department in an amount of $71,136 for fiscal years 2016-2017 and 2017- 2018; authorized tha City Manager to approve the two one-year extensions for fiscal ‘years 2012-2019 and 2019-2020 atthe rale of $44,384 and $46,504, respectively and, Grected staf to undertake the steps necessary to finalize Council's action. (M2M16-60) Vote: Moved: YAMAUCHI Seconded: PLACIDO Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA Noes: NONE Aosent: NONE AWARD CONTRACT: SHOPPING CART RETRIEVAL SERVICES — F2M46.27, RFPQM6-4, C2N16-27, M2M16-61 ‘Staff requested that the Cty Council award a contrac to Retail Marketing Services dba Calforia Shopping Cart Retrieval for shopping cart retrieval services. Shopping cart retieval sarviens arn a Valiahia campanent of the Code Enforcement. Division's ‘approach to maintaining clean steels and neighborhoods, and reducing blight in the City. At the March 28, 2016 City Council meeting, staff was authorized to sotict for proposals for shopping cart retreval services and Retall Marketing Services dba Calfornia Shopping Car Retrieval was the only fm to submit a proposal. Discussion: None ‘Action Taken: ily Council awarded contract, subject to final language approval by the City Manager and City Allomey, to Retail Marketing Services dba California Shopping Cart Retieval for shopping cait retrieval services in an amount of a40. 14 $572,000 forthe five-year peried beginning July 1, 2016 and ending June 30, 2021; and rected staff to undertake the steps necessary to finaize Council's action. (M2M16-61) Vote: Moved: YAMAUCHI Seconded PLACIDO ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA Noes: NONE ‘Absent: NONE AWARD CONTRACT: PROFESSIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE REPLACEMENT OF WATER MAINS ON WESTMONT DRIVE BETWEEN SHERWOOD AND NORWICH AVENUES PROJECT = FaMi14-47, RFP2M16-3, C2M16-25, M2M16-62 Staff requested thatthe City Counell award a contract for Construction Management and Ingpection Services for the Replacement of Water Mains on Westmont Drive between ‘Sherwood and Nonwich Avenues. The Cy distbuted a Request for Proposals (RFP) on March 28, 2016 in order to determine the most qualified engineering and inspecton firms for this project. Five construction management firms. submitted proposals. Staff conducted a review and evaluation of al ive proposals and found that SA Associates was best suited forthe Cly’s needs, Discussion: None ‘Action Taken: City Council_ awarded @ contract, subject to final language ‘approval by the City Manager and City Altomey, fo SA Associates in an amount not to fexosed $99,000 for Construction Management and Inspection Services for the Replacement of the 4" and 14” Water Maine on Wastmont Drive between Sherwood anc Norwich Avenues: and, difected staff to undertake the stops necessary to finalize CCounci’s action. (M2M16-62) Vote: Moved: YAMAUCHI Seconded: PLACIDO ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA Noes: NONE Absent: NONE AWARD CONTRACT: 2016 CATCH BASIN FULL CAPTURE SYSTEM ~ F2M14-41, NaM16-42, C2M16-29, M2M16-63 Staff requested that the City Council award a contract to United Storm Water, Ine. for the 2016 Catch Basin Connector Pipe Full Capture System. On April ‘4, 2016 the City Clerk received two bids for the 2016 Catch Basin Full Capture System. The bid received fom Ocean Blue Environmental Services, inc. was the lowest bid; however, t did not ‘meet the minimum ld qualifications due to a lack of ful capture certification anc therefore deemed non-responsive, The bid received from Urited Storm Water, Inc, in the amount of §226 687.50 isthe next lowest responsibie bid. United Storm Water, inc hhas the necessary licenses, permite and has done similar projects ofthis type for other local jurisdictions. Staff reviewed thelr proposal and found it to be in full compliance.12. 40 Discussion: None ‘Action Taken: City Council rejected the bid submitted by Ocean Blue Environmental Services Inc. as being non-responsive for net meeting the minimum bid specifications; awarded a contact, subject to final language approval by the City Manager and the City Attorney, to United Storm Water, Inc., the lowest responsive bioder, in the amount of $226,687.60 for the 2016 Catch Basin Full Capture System: and, directed ‘sf to undertake the steps necessary to finalze Counci's action (aaze-03) Vote: Moved: YAMAUCHI Seconded: PLACIDO ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA, Noes: NONE Absent; NONE AWARD CONTRACT: PURCHASE OF A DUMP TRUCK — F2M16-68, N2M16-20, C2M16-30, M2M16-64 Staff requested thatthe Cty Counce award a contract to Wondries Fleet Group forthe purchase of one (1) Dump Truck. Discussion: None Action Taken: City Counell rejected the bid submitted by Westem Trucking Exchange as being non-responsive for not meeting the minimum bid specifications, awarded a contract, subject to final language approval by the City Manager and City Attorney, to Wondries Fleet Group as the lonesl responsive bidder forthe purchase of fone (1) 8 Yard Dump Truck in the amount of $85,212.53; directed the Finance Director to appropriate an additional amount of $10,212.53 from the Equipment Fund Balance; ‘and, directed staff to undertake the “steps necessary to finalize Counci’s action, (W2M16-64) Vet Moved: YAMAUCHI Seconded: PLACIDO ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA Noes: NONE Absent: NONE APPROVE ACREEMENT: MAINTENANCE OF COUNTY OWNED CATCH BASINS. LOCATED IN THE CITY OF ALHAMBRA RETROFITTED WITH FULL CAPTURE ‘CONNECTOR PIPE DEVICES - F2N14-41, C2M16-31, M2M16-65 ‘Staff requested that the City Counel approve an agreement between the City and Los ‘Angeles County Flood Control District (LACFCD) to maintain County owned catch basins within the City’s limit that are scheduled to be retrofited with ful capture Connector pipe devices, This Agreement ie raquted in order to obtain a LACECD permit to install comector pipe devices in the County owned catch basins within the City of ‘Alhambra1“ 18. 5.9.16 Discussion: None ‘Action Taken: City Council approved an Agreement (Option 2), subject to final language approval by the Cily Manager and City Atlomey, with Los Angeles County Flood Contiol District (LACFCD) which would require the City to maintain the LACFCD ‘owned catch basins within the City mits that are retrofitted with connector pipe screens in accordance with LACFCD maintenance standards; and, directed staf to undertake the steps necessary to finalize Counci's action. (MaM16-65) Voto: Moved: YAMAUCHI Seconded: PLACIDO ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA, Noes: NONE Absent: NONE NOTICE OF COMPLETION: REPLACEMENT OF WATERLINE ON WESTBORO AVENUE BETWEEN POPLAR BOULEVARD AND CONCORD AVENUE ~ F2N15-35, C2M15-44, M2M16-66 Staff requested that the City Council accept the Waterine Replacement and Straet Rehabiltation Project for Westboro Avenue from Concord Avenue to Poplar Boulevard fas complete, There were three change orders for the project due to unforeseen ondilons. The total net change was an increase of $105,436.06 to the contract. This project was inspected by staff and all work has been completed in accordance with the Fequirements and specifications. Discussion: None Action Taken: City Council accepted as complete the contract with Ramona Inc, for the Waterine Replacement and Street Rehabilfation Project for Westboro Avenue from Concord Avenue to Poplar Boulevard in the amount of $105,436.08, and, directed the City Clerk to fle a Notce of Completion with the County of Los Angeles for recordation: instructed the Finance Ditector to release the 5% retention 35 days from the date of recordation if no lens are fad, and, directed staff to undertake the sleps necessary to finalize Council's action, (M2i16-66) Voto: Moved: YAMAUCHI Seconded: PLACIDO ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA, Noes: NONE Absent; NONE NOTICE OF COMPLETION: RE-CARPETING OF THE ALHAMBRA CIVIC CENTER LIBRARY ~ F2N16-51, C2N15.64, M2M16-67 Staff requested thatthe City Council accept as complete the contract with Floor USA Ine. (OBA Carpet King) forthe purchase and installation of the carpe in the Alnamira Civic Conter Library's second floor and teen areas. This project was inspected by staff and all ‘work has been completed in accordance with the City requirements and specifications, "17. Discussion: None ‘ction Taken: City Counc accepted as complete the contract with Floor USA Inc. (OBA Carpet King) forthe purchase and installation of carpet fr the Alhambra Civic Center Llrary’s second floor and teen area in the amount of $45,886; directed the City Clerk to file a Notice of Complation with the County of Los Angeles for recordation, instructed the Finance Director to release the retention 35 days from the date of recordation if no lens ave fled, and, drected staf to undertake the steps necessary to Tinahze Couns action. (M2M16-67) Vote: Moves: YAMAUCHI Seconded: PLACIDO ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA Noes: NONE Absent: NONE ADOPT RESOLUTION: APPROVE THE LEASE/PURCHASE OF TWO NEW KME FIRE SEVERE SERVICE PUMPERS THROUGH A FINANCING AGREEMENT WITH LEASING 2, INC. F2M16.6A, ROM16.16, C2M16-37, M2M16-68 Staff requested that the Cty Counell adopt a Resolution approving the lease/purchase of ‘wo new KME fire severe service pumpers through a financing agreement with Leasing 2, Inc, waive the formal bidding process in accordance with Alhambra Municipal Code 3.36.086(6), and authorize the City to piggyback on the Orange County Fire ‘Authoily’s bid aware forthe purchase of two new KME severe service pumpers Discussion: None Action Taken: Cty Council took the following actions: 1) adopted Resolution No. R2M16-16 entitled: A Resolution of tho Alhambra City Council approving the Teasefpurehase of two new KME severe service pumpers through a financing agreement wilh Leasing 2, Ino; 2) by minute action, waived the formal bidding process in ‘accordance wih Alhambra Municipal Code 3,38,080(B) and autherize the City to piggyback on the Orange County Fire Authonty's bid award for the purchase of two new KE severe service pumpers; 3) awarded a contract, subject to final language approval by the Gy Manager and City Attorney, fo Leasing 2, Inc. to provide financing services ‘and authorize the City Manager to execute the necessary documents; and, 4) directed ‘taf to undertake the necessary stops to finalize Council's action. (M2N16-68) Voto: Moved: YAMAUCHI Seconded: PLACIDO ‘Ayes’ AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA, Noes: NONE Absent: NONE APPROVE MOU: ALHAMBRA POLICE MANAGEMENT ASSOCIATION - F2M16-2, ‘camt-32, MaM16-69 ‘Staff requested that the City Council approve a Memorandum of Understanding (MOU) between the City of Alhambra and the Alhambra Police Management Association 218 1, 5.916 (APMA) fr fiscal years 2014-2017, Discussion: None ‘Action Taken: City Counall approved that certain Memorandum of Understanding (MOU) between the City of Alhambra and the Alhambra Police Management Association for fiscal years 2014-2017, a copy of which MOU is on fle inthe City Clerk's Office as Contract No. C2M11-82 and by this reference incorporated herein and made a part of as Though fully set forth herein, and, directed staff to undertake the etepe necsssary to finalize Councl's action. (M2MI6-69) Vote: Moves: YAMAUGHI Seconded: PLACIDO ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA. Noes: NONE Absent: NONE RESOLUTION TO ELIMINATE THE PAYING & REPORTING OF EPMC BENEFIT FOR THE ALHAMBRA POLICE MANAGEMENT ASSOCIATION CLASS - F2M16-2, R2M16-7 Staff requested that the City Counell approve a Resolution eliminating the paying and reporting of the value of the Employer Paid Member Contriution (EPMC) benefit fer the Cy of Alhambra Police Management Association Class. Discussion: None Action Taken: Cty Council adopted Resolution No. R2M16-7 enltied: A Resolution of the Alhambra City Council eliminating the paying and reporting of the value of Employer Paid Member Contribution (EPIMC) Benet for City of Alhambra Police Management Association Class Vote: Moved: YAMAUCHI Seconded: PLACIDO ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA Noes: NONE Absent: NONE CLASS SPECIFICATION: POLICE LIEUTENANTIPOLICE COMMANDER ~ F216-2, mawiie-70 Before a class specification becomes effective, it must be approved by the City Counc ‘An assessment by the Personnel and Police Departments sustained the need for an "update of the positon of Police Lieulenant/Police Commander to more accurately reflect the current duties and qualifications ofthis classification. Therefore, staff requested that the City Counell approve the adoption of the class specication forthe postion of Police LisutenantPolice Commander Discussion: None20. a 22, 5016 ‘Action Taken: City Council adopted the revised class specification for postion of Police LieutenanlPolice Commander as described in the Assistant City ManageriPersonnel Directors May 8, 2016 report on fi in the office of the City Clerk (Miauie-70) Voto: Moved: YAMAUCHI Seconded: PLACIDO ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA, Noes: NONE Absent; NONE CLASS SPECIFICATION: ASSISTANT POLICE CHIEF — F2M16-2, M2N16-71, Before a class specification becomes effective, it must be approved by the ily Council [An assessment by the Personnel and Police Departments sustained the need for an update of the position of Assistant Police Chief to mare accurately reflect the current Sitios and qualfcations of this classification, Therefore, staff requested that the City Council apprave the adoption of the class specification for the postion of Assistant Police Chie. Discussion: None ‘Action Taken: City Counell adopted the revised class specification for position of ‘Assistant Police Chief as described in the Assistant City Manager/Personnel Director's May 9, 2018 report on fle inthe ofice ofthe City Clerk. (M2M16-71) Vote: Moves: YAMAUGHI Seconded: PLACIDO ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA, Noes: NONE ‘Absent NONE MINUTES Discussion: None ‘Action Taken: City Council reviewed and approved as submitted the Minutes of the May 2, 2016 special meeting of the Alhambra Cty Council Vote: Moved: YAMAUCHI Seconded: PLACIDO: ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA, Noes: NONE Absent: NONE PERSONNEL ACTIONS ~ F2¥116-2 Discussion: None 423. ‘Action Taken: City Counci ratified the actions of the City Manager set forth in that certain Personnel Actions document dated May 9, 2016 showing the various ‘appointments, classifications, salary changes, ec. since the ast Cty Council meeting Vote: Moved: YAMAUCHI Seconded: PLACIDO ‘Ayes. AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA, Noes: NONE ‘Absent NONE DEMANDS - F2Mt6-1 Discussion: None Action Taken: City Council approved as submitted Final Check List (172647 thru 472764) in the amount of $188,949 60 for the period ending Apsll 22, 2076; and, Final Check List (172766 thru 172867) In the amount of $327,841.44 for the period ending ‘Api 28, 2016. Voto: Moved: YAMAUCHI Seconded: PLACIDO ‘Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA Noes: NONE ‘Absent, NONE ORDINANCES ~ SECOND READING 24, ADOPTION OF ORDINANCES REGARDING MASSAGE ESTABLISHMENTS & MASSAGE ESTABLISHMENT USES IN THE COMMERCIALLY PLANNED DEVELOPMENT ZONE - F2M15-22, N2M16-63, O2M16-4687, O2M16-4688, Staff requested that the City Council consider second reading and adoption of two frdinances that would amend the Alhambra Municipal Code as it pertains to massage establishments. The first ordinance would amend and restate Chapter 9.44 (Massage ‘Therapy, Massage Establishments, and Massage Therapists) of Tile IX (Pubic Peace and Safety) ofthe Alhambra Municipal Code to beter regulate massage estabishments {and protect the publ. The regulations and restrictions contained in the amended Chapter 9.44 would create an offcient licensing and pormiting scheme while ‘discouraging legal acthity, and provide the City the tools necessary for such ‘enforcemant. Tha eacond ordinance proposed an amendment to Tile 23 (Zoning) of the ‘Alhambra Municipal Code that would set forth defintions and standards pertaining to the festabishment of massage businesses in the Commercial Planned Development zone to implement the zoning requirements contained in Chapter 8.44, and estabish massage festabishment use as a condtionally-permitted use in the Commercial Planned Development zone. Discussion: None Action Taken: City Council, by one mation, took the following actions: 16A. Directed the City Attomey to give second reading by tile only to the folowing ordinance entitles Ordinance No. O2M46-8687: An Ordinance of the City Council of the Cty of Alhambra, Calfornia amencing and restating Chapter 9.44 (Massage Therapy, Massage Establishments and Massage Therapist) of Title IX (Public Peace and Safety ofthe Alhambra Municipal Code le white Cowra adopted Ordinance No, 210-4007; and, B. Directed the City Aitomey to give second reading by title only to the folowing ordinance entitled Ordinance No. O2M16-4688: An Ordinance of the City Council of the City of Alhambra, California, amending Chapter 23.04 Defintions and Section 23.28030 of Chapter 238 of the Alhambra Municipal Code Fegarding Massage Establishment uses in the Commercially Planned Development Zone ater which the Council adopted Ordinance No, O2M16-4688, Vot Moved: AYALA Seconded: PLACIDO Ayes: AYALA, PLACIDO, YAMAUCHI, SHAM, MESSINA Noes: NONE Absent: NONE ORAL COMMUNICATIONS - F2M6-4 41) Vikki ORLANDO, 731 S. Almansor Street, spoke against the proposed Almansor Park Parking Structure. She slated that she wished to atlend the meeting to speak against the project on Behalf of har neighbors who are Unable o attend due to age, chidren, school or ‘work. She stated thatthe structure would be 48 feet from hames and would stand between them and the greenspaces of the park. She stated her opinion that there needed to be more parks and less condominiums. She stated that Almansor Park is a park, and not a mall and that the parking structure would lead to an increase of trafic congestion on the weekends. She distnbuted graphs drawn up by her father, who lives in the area, to the Couneimembers ilustrating where cars are usually parked around her neighborhood. The handouts are on file atthe Cy Clers’s office. She stated that the amount of trafic would be too high for a two lane residential neighborhood, She recalled comments that the Parking structure would benefit vistors to Almansor Park, Out asked how the residents hear the park Benefit. She stated that the structure would destroy park assets, trees, and theit quality of life, She stated i would devalue thelr properties, a8 well as bring more trafic, pollution, crime, and noise. She explained her on negative experiences and ‘observations of ther parking structures, She questioned If the residents have been properly notied. She also questioned the impact the structure would have on the lawn boning club at Almansor Park. She also stated that she has observed adequate number of available parking at Almansor Park Mayor MESSINA addressed Ms, Orlando's concems by stating that Council had not reached a decision regarding this matter, 16 5.9162) Alex RIVEST, a resident on Almansor Street, spoke against the proposed parking structure at Almansor Park, He expressed his concerns regarding the use of CDBG funds in the project and that there is a solution which uses common sense. He cistriouted a ‘proposal from the Emmaus Lutheran Church (on file at the City Clerk's office) ofering both parking lots for use of the City on a $1.00 lease for 15 years. He stated that the only Condition i thatthe Cy pay to repave and restripe the lots, and thatthe lots be avaliable to the Church on July 4 for ther charties. He stated thatthe specic proposal cistributed oplets the back lol wlivh wonlais 85-70 parking spols, however the church has also ‘offered use ofthe frant lot which has the capacity for 90-100 parking spots. He stated that this solution is simple, and non-destructive, He Stated his understanding that Director of ‘Community Services previously refused an agreement for use of the front lol, due to the fact that itis (00 far away from tho front entrance. However, he argued that the front parking lot fs the same eistance avray from the sports folds as the current front parking lt inthe park. He lustated this fact wih printed aerial maps he cistibuted tothe Council (on file at the Cty Clerks ofice), He stated that he did not share this information with Director Ray, because he fl Mr. Ray was not adequately listering to their complaints. He however Ciarifed, that the proposal he was allowed to bring to the Council should only be Considered as. an’ alerative to the parking structure, and not In addition to the Construction of the parking structure. He referred to past comments he made regarding this Issve, and the data he provided refuting the need for the parking structure. He stated that the CDBG funds would be better used in the renovation of the playground equipment ‘or the use of disabled children, He also requested that Council engage with the residents around Almansor Park, and treat them respectfully 3) Sean MCMORRIS, 401 E, Live Oak Street, San Gabriel, spoke representing the Alhambra Bowls Club and their stance against the proposed parking structure in Almansor Park. He ‘congratulated Mes. Swink on her retrement, and congratulated Chiet Yokoyama on his appointment. He stated that the Alhambra Bowls Club, many fesidents on Almansor Street, Emmaus Lutheran Church, and hundreds of other lawn bowlers across the county are ali against the proposed parking structure project which would destroy the lawn bowing greens, lower housing values, and increase trafic, pollution and illcit legal activities in the area, He eppeaied to the Couneil by stating thatthe Alhambra Bows Club \was a vibrant and muti-cutural club that promotes Alhambra and invites people from all ‘over Southern Calforia to enjoy the game in the City of Alhambra. He stated that the ‘Club's membership Is growing as a result of the Club's investments over the last two years, but should be promoted by the City ike youth sports and the membership would ‘grow exponentaly. However, he argued, his publi records requests showed that the Cy hhas spent far more money on the ather sports compared to the lawn bowing. He stated that the City hae hindared the growth of the club by dastraying the artfcial tut green ans refused to supply the cub with similar lighting to that of the other facies, refused to Teimburs the club for upgrades to the facity and denied the club the abilty to advertise He asked that the Counel and the new city manager save Alhambra Bowls Club and lawn bowing in Alhambra. He asked that a portion ofthe $8 milion CDBG funds be used to Upgrade and repair the current lav Danling faclly and the artificial tut green. He also slated that the City could use the CDBG funds to build a new lav bowing green in a diferent location, or replace the current artifical turf green with a natural turf green with better lighting for evening play. He stated that the Alhambra Bows Club is endorsed by Calforia AARP and would quality, in his opinion, for CDBG funds as a limited clientele activi, 7 5916He went on to say thatthe Alhambra Bowie Club suppers the other rescents who oppose a larger parking structure in Almansor Park. He stated that CDBG funds should benefit low ta moderate income people, and is therefore not appropriate to bulld a parking structure in fa residential area that disadvantages low and moderate-income people around Aimansor Park, by lowering housing values and Increasing traffic, greenhouse gas emissions, and ‘rime in the neighborhood. He continued by staling thatthe City could not ensure that the parking structure would not deproportionataly benefit Almansor Court, gof course patrons land people from outside the neighborhood who do not qualify for CDBG funds to the atiment ty low and ioderale-iicame residents, He asked that CDBG funding be used ‘appropriately so that the right people would benefit from i. He stated that these people needed affordable housing, debt rel, improved schooling, and public assets that they are free to utize 4) Lola ARMENDARIZ again asked for @ response to her earlier questions regarding the slralegic plan, She spoke regarding the proposed parking structure and stated her recollection that despte hearing mary comments from Council that the project was not finalized, she recalled Dx. Placido referring fo the parking structure by using language that ‘would suggest an eventual construction. She spoke regarcing the proposed outdoor Chinese movie program to be hosted at Alhambra Park. She stated that she did not fully Understand the representative from "Movie Picnic Night,” but that she had many concerns Fegarding the program. She stated that Alhambra Park is an incorrect location to host the fevent due to the fact that itis surrounded by residential homes. She stated that the residents on Palm Avenue get more noise because they are diecily across from the bandshell sound system, but that the other surrounding residents are also bothered by the noise. She stated that whenever there isan event in the park, she has made the request {to keep the volume confined tothe park, bul the sound remains at the same volume, She referred tothe upcoming Relay for Life event to be held on June 4”, and stated that in the previous year, she had to personally request staf to be on sito to lower the volume. She States that she chose to address her request and concerns at the Council meeting due to the lack of a recent Parks and Recreation Commission meeting. She again referred to Movie Pienie Night event, and askod for the start time for the pre-show event. Sne spoke regarding the scheduled screenings as well as the scheduled Summer Serenade Concert sevies, and suggested that due to the busy schedule, the event be moved to ancther location. She commented on the lack of community outreach regarding this event, and the lack of specific information provided to the residents. Sho referred to a newspaper ‘announcement for a similar event in San Gabriel and suggested that perhaps that city ‘Would provide a better location. 5) Melissa MICHELSON spoke regarding the Strategio Plan mesting and the comments of tho Alhambra Bowe Cleb. She stated that eho was ‘gnarant ef the lawn towing cla peior to the meeting but stated her impression that the activity brings variety to hobbies and pastimes enjoyed in Alhambra. She provided history and background regarding lawn bowing, and that as a member of the Alhambra Preservation Group, expressed interest in historic items, auch as lan bowing, She stated that the issue has not been formally siscussed in the group's mectings, but that she would introduce the item af the next meeting. She made an invitaion to all present to attend the meeting of the Alhambra Preservation Group if they had any interest in preserving sports or buldings, and to contact the president ofthe group for more information. She stated her support for lawn bowing in the City. 18 5.9166) Brian OTIS, 316 N. Monterey Street, spoke representing the Emmaus Lutheran Church as the Church Councl Presiden, regarding the proposed parking structure at Almansor Park. He stated that he was in close communications with Director of Community Services Ray, ‘and invited the Counell to tour the church and school grounds to determine if using the parking lots avaiable would be a better alfrnative to the proposed carking structure. He Stated his bellef that Council should make an informed choice and would be every ‘opportunity to examine the property. He also stated that he has been a lifelong resident of ‘Alhambra, and offered his compliments and gratitude tothe Counc for their administration, COUNCIL COMMUNICATIONS (ANNOUNCEMENTS & FUTURE AGENDA ITEMS) -F2M16-7 Councimember Yamauchi asked City Attomey Montes what would happen to their appointed ‘commissioners when he and Dr. Placido complete thelr terms on Council Mr. Montes responded that the commissioners would also complete their terms, and then new commissioners would be ‘appointed in ther place, Mr. Yamauchi also stated that he di not accept the handouts offered by Mr. Rivest during his comments. Mr. Yamauchi stated that the month of May is. "Older ‘American's Month,” and in honor of this, the Joslyn Adult Center would be hosting a Hoe-down ‘Square Dance Patty. He stated that it would begin at 10:00 am, on May 11", and would provide lunch for the attendees as well as square dancing. He also spoke regarding the Nisei Week Kendo Tournament hosted at Almansor Park that he attended. He stated that tis was the third year the event had been held at that location and stated thatthe event was beneficial in bringing in new people to the City and that @ Kendo class has been added tothe Ciy’s leisure activites. He also asked to clase the evening's meeting in honor of “Go for Broke" Veteran, Sam Fujkawa, who passed away at age 94, CCouncimember Placido wished everyone a pleasant Mother's Day from the previous Sunday. CCounciimember Ayala echoed the commendation of Managed Career Solutions, and stated that the center has employed over 600 people from all walks of Ife and situations. He stated that there are many outstanding businesses inthe Cy of Alhambra thal deserve recognition Mayor Messina spoke regarding the past event at the YMCA, "Healthy Days." Sho commended the YMCA for their effets and the summer programming offered, She commented on the volunteers. that continue to relum through their school years, and the affordability of the programs offered to Alhambra families, Mrs. Messina also commented on the upcoming "Day at the Races" event on June 18, 2016, She stated that this would be a famiy event held on the inner field at the Santa Anita Racetrack with many activites for children with a $10 entrance fee. She stated that this would include pony rides, face painting, and bounce-houses. She stated that all proceeds would gn ta benefit Alhamiva Frecpency First Responders. She recounted a story ‘where a police officer responded to @ shoptfing call for a chi. When the officer took the child home, he discovered the family cid not have any food, and sa the police took up a collection of thelr personal money to buy the family groceries. She stated tha this fund was created based on ‘many similar stores 80 that Police and Fire Departments can provide necessary services ADJOURNMENT: At 8:10 pm., there being no further business for the City Council to Conduct. the Mayor, withthe censent ofthe City Couneil, adjourned the meeting In honor and memory of ‘SAM FUJIKAWA 19 5.016to Monday, May 23, 2017 at 6:20 pm., First Street, Alhambra, California in the Alhambra City Hall Council Chambers, 111 South LAUREN MYLES, CMC. CITY CLERK by BRIANNA LAMB MCCARTHY ‘ASSISTANT CITY CLERK 20tem No. ‘The information for this item is available at the City Clerk's Office (626) 570-5090tem No. ‘The information for this item is available at the City Clerk’s Office (626) 570-5090tem No._/b ORDINANCE NO. 02m17-4722 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA, APPROVING THE JOINT POWERS AGREEMENT FOR LOS ANGELES COMMUNITY CHOICE ENERGY AND AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM ‘THE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: ‘SECTION 1. The City of Alhambra has been actively investigating options to provide electric ‘services to constiuente within its service area with the intent of achieving greater local involvement over the provisions of electric services and promoting competitive and renewable energy. [SECTION 2, On September 24, 2002, the Governor signed into law Assembly Bil 117 (Stat. 2002, ch, 838; see Calforia Public Ulllies Code section 368.2; hereinafter refered to as the “Act, which authorzes any California city or county, whose governing body so elects, to ‘combine the electricity load of its residents and businesses in a community-wide electricity ‘aggregation program knawn as Community Cheice Ageregation. SECTION 3. The Act expressly authorizes paticipation in a Community Choloe Aggregation (CCA) program through a joint powers agency, and to this end the County has been Parlcpating since 2015 in the evaluation of @ CCA program forthe County and the cities and towns within it SECTION 4. Through Docket No. R.03-10-003, the Calfornia Public Utities Commission has issued various decisions and rulings addressing the implementation of Community Choice ‘Aggregation programs, including the recent issuance of a procedure by which the California, Public Utes Commission wil review “Implementation Plans," which are required for ‘submittal under the Act as the means of describing the Community Choice Aggregation program and assuring compliance with various elements contained inthe Act. SECTION 5. Representatives from the City along with representatives of ts JPA partners, have developed. the Los Angeles Community Choice Energy Authority Joint Powers Agreement (“Joint Powers Agreement’ (attached hereto as Exhibit A) in order to accomplish {the folowing: (2) To form a Joint Powers Authority (JPA) known as “Los Angeles Community Choice Energy’ and; (6) To specity the terms and conditions by which participants may participate as a group in fenergy programs, including but not limited to the preliminary implementation of a ‘Community Choice Aggregation program, SECTION 6. Representatives from the City along with ils partner JPA members have developed a Businass Plan (attached hereto as Exhinit B) that describes the formation of Los. Angeles Community Choice Energy and the Community Choice Aggregation program to be implemented by and through the LACCE Authority.SECTION 7. A final Implementation Pian will be submited for review and adoption by the Board of Directors of the LACCE Author as soon after the formation of the Authonty a reasonably practicable SECTION 8. As described in the Business Plan, Community Choice Aggregation by and through the LACCE Authority appears lo provide a reasonable opportunity to accomplish all of the folowing (@) To provide greater levels of local involvement in and collaboration on energy decisions. (&) To increase signiicanty the amount of renewable energy avalable to LACCE energy customers, (©) To provide intial price stabilty, long-term electricity cost savings and other benefits for the community, and (@) Toreduce greenhouse gases that are emitted by creating electri fr the community. SECTION 9, The Act requires Community Choice Aggregation program participants to individually adopt an ordinance ("CCA Ordinance") electing to implement a Community Choice Aggregation program within its jurisdiction by ané through is participation in the LACCE ‘Authority. SECTION 10. The Joint Powers Agreement expressly allows the City to withdraw its membership in the LACCE Authority (and its parcipation in the Community Choice ‘Aggregation program) prior to the actual implementation of a Community Choice Aggregation program through Program Agreement PASSED, APPROVED, AND ADOPTED ON this 23° day of October, 2017 Slophen Sham, Mayor ATTEST: Tauren tivles, Giy Clerk APPROVED AG TO FORM ‘Joseph Wh Montes, Gly Attorney|, Lauren Myles, City Clerk of the City of Alhambra, certify Ordinance No. O2M17-4722 was ‘adopted by the City Councl ata regular meating held on the 23% day of October, 2017, by the following vote: AYES: NOES: ABSENT: Tauren hives, City CeriExhibit LOS ANGELES COMMUNITY CHOICE ENERGY AUTHORITY JOINT POWERS AGREEMENT “This Join Powers Agreement (the “Agreement” effective as of sismade and entered into pursuant to the provisions of Tile 1, Division 7, Chapiar 5, Avtile | (Seetion 6500 ‘seq, ofthe California Goverment Code relating tothe joint exercise of powers among the ‘uilic agencies set forth in Exhibit A. RECITALS 1. ‘The Parties are public agencies sharing various powers under California laws, ineluding but not limited to the power to purchase supply, and aggregate electricity for themselves and thei inhabitants 2 In 2006, the State Legislature adopted AB 32, the Global Warming Solutions Act, ‘mandates a reduction in greenhouse as emissions in 2020 to 1990 levels. The California Air Resources Board is promulgating regulations to implement AB 32 which will require local government to develop programs to reduce greenhouse emissions 3, The purposes for the Initial Participants (as such term is defined in Section 2.3 below) entering into this Agreement include addressing climate change by reducing energy related greenhouse gas emissions and securing energy supply and price stability; energy efficiencies and local economic benefits, such as jobs creation, community energy programs; and local power development. Itis the intent of this Agreement to promote the development and use of ‘wide range of renewable energy sources and energy effiieney programs, including but not limited to solar and wind energy production. 4, The Parties desie to establish a separate public agency, known as the Los Angeles Community Choice Energy Authority ("Authority"), under the provisions of the Joint Exercise ‘of Powers Act ofthe State of California (Government Code Section 6500 et seq.) Act”) in ‘order to collectively study, promote, develop, conduct, operate, and manage energy programs. 5, The Initial Participants have each adopted an ordinance electing to implement through the Authority a Community Choice Aggregation program pursuant to Califomia Public Uiilties Code Section 366.2 ("CCA Program"). The frst priority ofthe Authority will be the ‘consideration of those actions necessary to implement the CCA Program. 6. By-establishing the Authority, the Parties seek to (@) Develop an cletsc supply portfolio with overall lower greenhouse was intensity ‘and lower groenhouse gas (GHG) emissions than Southern California Edison (*SCE”), and one that supports the achievement ofthe partis’ greenhouse gas reduction goals and the ‘comparable goals ofall paticipeting jurisdictions; (©) _ Establish an energy portfolio that encourages the use and development of eost= effective local renewable and disributed enesgy resources and that discourages the use ‘unbundled renewable energy credits;(©) Promote an energy portfolio that incorporates energy efficiency and demand response programs and pursues ambitious energy consumption reduction goals, (@) Provide electiity sates that are lower or at worst competitive with those offered by SCE for similar products; (©) Offer differentiated energy options (eg. 33% or 50% qualified renewable) for default service, and a 100% renewable content option in which customers may "optup” and voluntarily participate; (@ _Achiove quantifiable economic benefits tothe region; (@) Recognize the value of eurrent workers in existing jobs that support the energy infrastructure of Los Angeles County and Southern California (eg, union and prevailing wage jobs, local workforce development, apprenticeship programs, and local hire). The Authority, as ‘leader in the shift to clean energy, commits o ensuring it will take steps to minimize any adverse impacts to these workers to ensure a “ust transition’ tothe new clean energy economy’ (h) Support stable, skilled workforce through such mechanisms as project labor agreements, collective bargaining agreements, or community benefit agreements, or other ‘workforce programs that are designed to avoid work stoppages, ensure quality, and benefit local residents by delivering cost-effective clean energy programs and projects e.g, new ‘energy programs and increased local energy investments); (@) Promote supplier and workforce diversity, including returning veterans and those from disadvantaged and under-represented communities, to better reflet the diversity of the region: ) Promote personal and community ownership of renewable resources, spurring ‘equitable economic development and increased resilience, especially in ow income ‘communities; (K) Provide and manage its energy portfolio and products in a manner that provides ‘cost savings to customers and promotes public ealth in ares impacted by energy production; ()_Enoue that low-income households and communities are provided with affordable and flexible energy options, including the provision of energy discounted rates to eligible low-income households; (om) Recognize and address the importance of healthy communities, including those spropottionately affected by aie pollution and elimate change; (8) Use program revenues to provide energy-related programs and services; and (0) Create an administering Authority that is financially sustainable, responsive to ‘regional provtis, well-managed, anda leader in far and equitable treatment of employees. DEFINITION:“AB 117" means Assembly Bill 117 (Stat, 2002, Ch. 838, codified at Public Utilities ‘Code Section 366.2, which created Community Choive Aggregation. "Act" means the Joint Exercise of Powers Act ofthe State of California (Chapter 5, Division 7, Title | ofthe Government Code commencing with Section 6500). “Agreement” means this Joint Powers Agreement "Authority" means Los Angeles Community Choice Energy Authority "Authority Document(s)" means document(s) duly adopted by the Board by resolution ‘or motion implementing the powers, functions and activities of the Authority, including but not limited to the Operating Policies and Procedures, the annual budget, and plans and policies “Board” means the Board of Directors of the Authority. "Community Choiee Aggregation" or "CCA" means an electric service option available to cities, counties, and other publie agencies pursuant to Public Utilities Code Section 366.2. "CCA Program” means the Authority's program relating fo CCA that is prineipally Aeseribed in Section 24 (Purpose) ofthis Agreement. Days” shell mean calendar days unless otherwise specified by this Agreement, or" means a member of the Board representing a Party, including up to wo allemate Directors appointed in accordance with Sections 4.1 (Board of Dinectors) and 4.2 (Appointment and Removal of Directors) ofthis Agreement. "Bifetive Date” means the date on which the Agreement shall become effective and the “Authority shall exist asa separate public agency, as further described in Section 2.1 (Effective Date and Term) ofthis Agreement. “Initial Costs" means all costs incurred by the Authority relating (othe establishment ‘and intial operation of the Authority, such as the hiring ofthe exeeutive, technical, and any administrative staff, any required accounting, administrative, ‘echnical and legal services in suppor ofthe Authority's initial formation ‘activities or in support ofthe negotiation, preparation and approval of power purchase agreements, ‘The Board shall determine the termination date forthe Initial Costs, "Initial Participants" means, for purpose ofthis Agreement, the County of Los Angeles, and the cities of ‘and any other Parties joining in accordance with Section 23 (Initial Parieipants) of this Agreement, "Operating Policies and Procedures" means the rules, regulations, policies, bylaws and ‘procedures governing the operation of the Authority. "Parties" means, collectively, the signatories to this Agreement that have satisfied the ‘conditions in Sections 2.3 (Initial Participants) or 2.5 (Addition of Parties) of this Agreement, such that they are considered members ofthe Authority 6"Party" means, singularly, a signatory to this Agreement that has setsfed the conditions in Sections 23 (Initial Participants) or 2.5 (Addition of Parties) of. this Agreement, sch that it is considered a member of the Authority. "Public Agency" as defined in the Act includes, but is not limited to, the federal ‘government or any federal department or agency, this state, another state or any state department or agency, a county, a county board of education, county superintendent of schools, city, public corporation, public district, regional transportation commission ofthis state or another sat, federally recognized Indian tiibe, oF any joint powers authority formed pursuant tothe Act. ES COMMUNITY CHOICE ENERGY AUTHORITY, Effective Date and Term. This Agreement shall become effective andthe Authority ‘hall exist as a separate public agency on the date this Agreement is executed by the County of Las Angeles and at least one other public agency alter the ‘adoption ofthe ordinances required by Public Utilities Code Section 366.2(¢)(12). The Authority shall provide notie to the Parties ofthe [Effective Date. The Authority shall continue to exist, and this Agreement shall bbe effective, until the Agreement is terminated in necordance with Section 8.3 (Mutual Termination) ofthis Agreement, subject to the rights of the Parties to ‘withdraw from the Authority, Formation of the Authority. Under the Act, the Parties hereby ereate a separate joint ‘exercise of power agency which is named Los Angeles Community Choive Energy Authority. Pursuant Sections 6506 and 6507 of the Act, the Authority is.a public agency separate from the Parties. The debts, liabilities or o ‘of the Authority shall not be debs, lisilities or obligations ofthe individual Parties unless the governing body ofa Party agrees in writing to assume any of the debs, liabilities or obligations of the Authority. ‘The jurisdiction ofthe Authority shall be all terctory within the geographic boundaries of the Parties: however the Authority may, as authorized under applicable lar, undertake any action outside such geographic boundaries as is necessary and incidental tothe accomplishment of its purpose. Initial Participants. In addition to Parties executing this Agreement on or prior to the Effective Date, any incorporated municipality, county, or other eligible public ‘agency may become a Party and recognized as an Initial Participant provided luring the first 180 days after the Effective Date it executes this Agreement and dolivers an executed copy of this Agreement and a copy of the adopted ‘ordinance required by Public Utilities Code Section 366.2(€)(12) t the ‘Authority. All ital Participants to this Agreement shull be required to. ‘commence eletrc service as soon as practicable, as determined by the Board. Purpose. The punose and objectives ofthis Agreement are to establish the Authority, to provide for its govemance and administration, and to define the rights and ‘obligations ofthe Parties. TIhis Agreement authorizes the Authority to provide a ‘means by which the Parties can more effectively develop and implement sustainable energy initiatives that reduce energy demand, inerease energy efficiency, and advance the use of clean, elfcien, and renewable resources the region forthe benefit of the Parties and their constituents, including, but not, 1limited to, establishing and operating a Community Choice Aggregation program Addition of Parties. Alter 180 days from the Effective Date any incorporated ‘municipality, county, or other public ageney may become a Party to this ‘Agreement if ll of the following conditions are met: ‘The adoption ofa resolution of the Board admitting the public ageney tothe ‘Authority; ‘The adoption by an affirmative vote of the Board satisfying the requirements

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• Alhambra City Council Agenda - October 9, 2017

  

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  Alhambra City Council Agenda - October 9, 2017

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