of the city council of the city of el monte

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LOCATIONS: El Monte City Hall East City Council Chambers 11333 Valley Boulevard El Monte, CA 91731 DATE AND TIME: Tuesday, December 18, 2012 5:30 p.m. REGULAR MEETING AGENDA OF THE CITY COUNCIL OF THE CITY OF EL MONTE MEETING JOINTLY AND REGULARLY WITH THE EL MONTE HOUSING AUTHORITY; THE EL MONTE FINANCING AUTHORITY; THE EL MONTE WATER AUTHORITY AND, FROM TIME TO TIME, SUCH OTHER BODIES OF THE CITY WHOSE MEMBERSHIP IS COMPOSED EXCLUSIVELY OF THE MEMBERSHIP OF THE CITY COUNCIL COUNCILMEMBERS/AUTHORITY MEMBERS: Andre Quintero, Mayor Juventino “J” Gomez, Mayor Pro Tem Norma Macias, Councilmember Victoria “Vicky” Martinez, Councilmember Bart Patel, Councilmember 1. CALL TO ORDER OF REGULAR MEETING 2. ROLL CALL FOR CITY COUNCIL AND AUTHORITY BODIES Andre Quintero, Mayor/Chair Juventino “J” Gomez, Mayor Pro Tem/Authority Member Norma Macias, Councilmember/Authority Member Victoria “Vicky” Martinez, Councilmember/Authority Member Bart Patel, Councilmember/Authority Member 3. APPROVAL OF AGENDA

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Page 1: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

LOCATIONS: El Monte City Hall – East City Council Chambers 11333 Valley Boulevard El Monte, CA 91731

DATE AND TIME: Tuesday, December 18, 2012

5:30 p.m.

REGULAR MEETING AGENDA OF THE

CITY COUNCIL OF THE CITY OF EL MONTE

MEETING JOINTLY AND REGULARLY WITH THE EL MONTE HOUSING AUTHORITY; THE EL MONTE FINANCING AUTHORITY; THE EL MONTE WATER AUTHORITY AND, FROM TIME TO TIME, SUCH OTHER BODIES OF THE CITY WHOSE MEMBERSHIP IS COMPOSED EXCLUSIVELY OF THE MEMBERSHIP OF THE CITY COUNCIL

COUNCILMEMBERS/AUTHORITY MEMBERS:

Andre Quintero, Mayor Juventino “J” Gomez, Mayor Pro Tem ♦ Norma Macias, Councilmember Victoria “Vicky” Martinez, Councilmember ♦ Bart Patel, Councilmember

1. CALL TO ORDER OF REGULAR MEETING 2. ROLL CALL FOR CITY COUNCIL AND AUTHORITY BODIES Andre Quintero, Mayor/Chair Juventino “J” Gomez, Mayor Pro Tem/Authority Member Norma Macias, Councilmember/Authority Member Victoria “Vicky” Martinez, Councilmember/Authority Member Bart Patel, Councilmember/Authority Member 3. APPROVAL OF AGENDA

Page 2: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

Page 2 of 21

4. CLOSED SESSION (5:30 p.m. – 7:00 p.m.): The City Council and the various Authority Bodies whose membership is composed exclusively of the membership of the City Council (collectively, the “Council”) will attempt to address and complete all Closed Session business between 5:30 p.m. and 7:00 p.m. If the Council completes all Closed Session business prior to 7:00 p.m., the Council will take a short recess and commence all Open Session proceedings promptly at 7:00 p.m. In the event the City Council is unable to address or complete all agendized Closed Session items by 7:00 p.m., the Council will hear all such remaining items toward the end of the meeting, immediately following Council Communications. Should any member of the public wish to address the Council on any agendized Closed Session matter, the Council shall allow such person to address the Council on such matter prior to going into Closed Session, provided that all persons wishing to address the Council on an agendized Closed Session matter shall fill out a speaker card and be subject to a speaker’s time limit of 3 minutes per speaker and further provided that the Council shall be under no obligation to respond to or deliberate upon any specific questions or comments posed by a speaker or take action on any issue raised by a speaker beyond such action as the City Council may be lawfully authorized to take on an agendized Closed Session matter pursuant to the Brown Act (Govt. Code Section 54950 et seq.).

4A. Joint Closed Session Business of the City Council and of the City Council as Successor Agency to El Monte Community Redevelopment Agency

4A.1 Closed Session Pursuant to Government Code Section 54956.9(a) Conference with

Legal Counsel –Existing Litigation: TV, LLC v. El Monte Community Redevelopment Agency, et al., Superior Court of California, Case No. BC456530.

4A.2 Closed Session of the City Council Acting as “Successor Agency” to the El Monte

Community Redevelopment Agency Pursuant to Government Code Section 54956.9(B)(1) – Conference with Legal Counsel Regarding Anticipated Exposure to Litigation Re: Management of Former Redevelopment Agency Land Asset Pending Final Disposition Approved by Successor Agency Oversight Board.

(CLOSED SESSION AGENDA CONTINUES ON NEXT PAGE)

Page 3: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

Page 3 of 21

(CLOSED SESSION AGENDA CONTINUED FROM PREVIOUS PAGE)

4B. Closed Session Business of the City Council

4B.1 Closed Session Pursuant to Government Code Section 54956.8 – Conference with Real Property Negotiator.

Property Location: City-owned or controlled lands on the west side of Santa Anita

Avenue between Interstate 10 Freeway and Valley Boulevard. Name of Parties City is Negotiating with: JHC Acquisitions, LLC. City’s Representative in Negotiations: Dayle Keller, Interim City Manager; Jesus M.

Gomez, Assistant City Manager; and Damien Arrula, Director of Economic Development.

Under Discussion: Discussion of both price and terms of payment as relates to the

development of land for the El Monte Gateway Project.

4B.2 Closed Session Pursuant to Government Code Section 54956.8 – Conference with

Real Property Negotiator. Property Location: City-owned or controlled lands on the west side of Santa Anita

Avenue between Interstate 10 Freeway and Valley Boulevard. Name of Parties City is Negotiating with: Grapevine Advisors, LLC. City’s Representative in Negotiations: Dayle Keller, Interim City Manager; Jesus M.

Gomez, Assistant City Manager; and Damien Arrula, Director of Economic Development.

Under Discussion: Discussion of both price and terms of payment as relates to the

development of land for the El Monte Gateway Project.

(CLOSED SESSION AGENDA CONTINUES ON NEXT PAGE)

Page 4: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

Page 4 of 21

(CLOSED SESSION AGENDA CONTINUED FROM PREVIOUS PAGE)

4B.3 Closed Session Pursuant to Government Code Section 54956.8 – Property

Negotiation – Proposed Lease Modification for Goody’s Restaurant. Property Location: City-owned or controlled lands and facilities at 11357 Valley

Boulevard, El Monte, CA 91731. Name of Party City is Negotiating with: Goody’s Inc. City’s Representative in Negotiations: Dayle Keller, Interim City Manager; Jesus M.

Gomez, Assistant City Manager; and David Gondek, Senior Deputy City Attorney. Under Discussion: Discussion of potential modification of lease agreement. 4B.4 Closed Session Pursuant to Both Government Code Section 54956.9(B)(1) and

Government Code Section 54956.9(C) – Conference with Legal Counsel Regarding Anticipated Exposure to Litigation and Potential Initiation of Litigation – Arising from one (1) Matter.

4B.5 Closed Session Pursuant to Government Code Section 54957(b)(1) – Public

Employee Appointment Title: City Manager. 4B.6 Closed Session Pursuant to Government Code Section 54957(b)(1) – Public

Employment Title: Interim Finance Director. 4B.7 Closed Session Pursuant to Government Code Section 54957(b)(1) – Public

Employment Title: Interim Public Works Director.

(END OF CLOSED SESSION AGENDA)

Page 5: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

Page 5 of 21

OPEN SESSION PROCEEDINGS

(Commencing at 7:00 p.m. or as soon thereafter as the City Council reconvene from Closed Session/Short Recess)

5. INVOCATION: Pastor Al Granadas, First Fundamental Bible Church. 6. FLAG SALUTE: Gloris Moreno, 5th Grade, Cogswell School. Enjoys cheerleading. 7. RECOGNITIONS, HONORS AND COMMUNITY INTEREST PRESENTATIONS:

7.1 Honor and Recognition of Student who Led Flag Salute: Gloris Moreno of Cogswell School.

7.2 Presentation by the City Council to the 41st Annual Holiday House Committee

Members and Sponsors. 7.3 Presentation to Winners of the Holiday House Family Gingerbread Contest and Special

Recognition to Gidley School Special Education Class Entry.

Page 6: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

Page 6 of 21

8. PUBLIC COMMENT REGARDING NON-AGENDIZED MATTERS:

This time has been set aside for persons in the audience to make comments or inquiries on matters within the general subject matter jurisdiction of the City Council, the Housing Authority, the Financing Authority and/or the Water Authority (collectively, the “Council”) that are not listed on this agenda. Although no person is required to provide their name and address as a condition to attending a Council meeting, persons who wish to address the Council are asked to state their name and address. Each speaker will be limited to three (3) continuous minutes. Speakers may not lend any portion of their speaking time to other persons or borrow additional time from other persons.

Except as otherwise provided under the Brown Act (Gov. Code section 54950 et seq.), the Council may not deliberate or take action upon any matter not listed on this posted agenda but may order that any such matter be placed on the agenda for a subsequent meeting. The Council may also direct staff to investigate certain matters for consideration at a future meeting.

All comments or queries presented by a speaker shall be addressed to the Council as a body and

not to any specific member thereof. No questions shall be posed to any member of the Council except through the presiding official of the meeting, the Mayor and/or Chair. Members of the Council are under no obligation to respond to questions posed by speakers but may provide brief clarifying responses to any comment made or questions posed. The Council may not engage in any sort of prolonged discussion or deliberation with any speaker or group of speakers on matters that are not listed on this agenda.

Enforcement of Decorum: The Chief of Police, or such member, or members of the Police Department as the Chief of Police may designate, shall serve as the Sergeant-at-Arms of any Council meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the Council or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that prevents other members of the public from being heard when it is their opportunity to speak or which prevents members of the audience from hearing or seeing the proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. All persons attending the meeting must adhere to the City’s policy barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation or age.

9. CITY TREASURER’S COMMUNICATIONS/REPORT 10. DEMAND RESOLUTION NO. D-448 11. APPROVAL OF MINUTES: Special Meeting of November 13; Regular Meeting of November 20; Special Meeting of November

27; Special Meeting of November 29; and Regular Meeting of December 4, 2012.

Page 7: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

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12. CONSENT CALENDAR: All matters listed under the Consent Calendar are considered to be routine in nature and may be

enacted by one motion approving the recommendation listed on the Agenda. One or more items may be removed from the Consent Calendar so that they may be discussed, considered and voted upon individually by the Council. A matter may be removed from the Consent Calendar and taken up separately by way of a seconded motion of any member of the Council with the approval of a majority of the Council quorum.

12A. City Council Business

12A.1 Request to Serve Alcohol at the Grace T. Black Auditorium. RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: Approve the requests listed below to serve beer, wine and champagne at the Grace

T. Black Auditorium. Private User Event Date Juana Alejandra Hernandez Wedding Saturday, September 14, 2013 (Attendance 225) 6:30 p.m. – 12:00 a.m. 12A.2 Police Air Support Unit Aviation Insurance Renewal, 2013. RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: It is recommended that the City Council authorize the Interim City Manager to renew

the Helicopter Insurance Policy with Starr Insurance through Marsh Insurance Brokerage in an amount not to exceed $75,000.00

Total Cost: $75,000.00 Account No: 100-71-741-6141 Is the cost of this item budgeted? Yes 12A.3 Approval of Ceremonial Nunc Prop Tunc Resolution Memorializing Action of

December 4, 2012 in Support of the Gabrielino Tongva Nation. Resolution No. 9349

Page 8: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

Page 8 of 21

12A.4 Authorize the Execution of a Professional Services Agreement with Evan Brooks Associates for the Preparation of a Grant Application for the 2013 Metro Call for Projects.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: It is recommended that the City Council authorize the Interim City Manager to execute

a Professional Services Agreement with Evans Brooks Associates in an amount not to exceed $12,000 for the preparation of a grant application requesting funds to purchase buses in response to the 2013 METRO Call for Projects.

13. PUBLIC HEARINGS:

A. City Council Business 13A.1 Public Hearing to Consider Approval of An Ordinance of the City Council of the

City of El Monte, California, Amending Title 2 (Administration and Personnel) of the El Monte Municipal Code to Streamline City Commissions and Amend Planning Commissioner Requirements.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:

It is recommended that the City Council introduce the Ordinance by a first reading of the title only. Ordinance No. 2809

13A.2 Public Hearing to Consider and Approve Implementation of Urgency Ordinance Shortening the Effective Period of Taxicab Business Permits for 2013 Permit Year for Purposes of Facilitating Potential Phase-In of Proposed Taxicab Franchise System by Mid-Year.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: It is recommended that City Council by 4/5 vote approve the attached urgency

ordinance, which will limit the term of business permits issued pursuant to Chapter 5.88 of the El Monte Municipal Code to a period of six (6) months so that the City may implement proposed franchise based system by start of the 2013-2014 fiscal year.

Urgency Ordinance No. 2810

Page 9: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

Page 9 of 21

13A.3 Public Hearing to Receive Public Comment and Take Action on Amendment to

2012-2013 Action Plan as to Relates to Mobile Home Park Homeless Prevention Program.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: It is recommended that the City Council:

1. Open the public hearing to receive public comment regarding a substantial amendment to the 2012-2013 Action Plan that will redirect $62,583 of the Emergency Solutions Grant to a new activity known as the Mobile Home Park Homeless Prevention Program; and

2. Close the public hearing and ask any questions of staff; and

3. Approve the substantial amendment to the 2012-2013 Action Plan that will redirect $62,583 of the Emergency Solutions Grant to a new activity known as the Mobile Home Park Homeless Prevention Program; and

4. Authorize an additional $62,583 in General Fund monies to be allocated toward the Mobile Home Park Homeless Prevention Program to satisfy the match requirement of the Emergency Solutions Grant Program; and

5. Authorize staff to establish program guidelines to implement the Mobile Home

Park Homeless Prevention Program; and

6. Authorize the Interim City Manager to execute an amendment to the MDG Associates agreement in an amount not to exceed $25,000 to provide additional administration, case management, counseling, homeless management information system services, and HUD reporting associated with the new program.

Total Cost: $125,166 Account No: Emergency Solutions Grant (Fund 253) - $62,583 General Fund (Fund 100) - $62,583 Is the cost of this item budgeted? Fund 253 – Yes / Fund 100 – No

Page 10: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

Page 10 of 21

13A.4 Public Hearing to Receive Public Comment and Take Action on Amendment to 2012-2013 Action Plan as Relates to Alternate Site Plan Development Project Report and Amendment to the Gateway Specific Plan Phase 1B Property Reservation Development Agreement and Design and Engineering Services for the Gateway Development Entitlements.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: It is recommended that the City Council:

1. Open the public hearing to receive public comment regarding a substantial amendment to the 2012-2013 Action Plan that will redirect $62,583 of the Emergency Solutions Grant to a new activity known as the Mobile Home Park Homeless Prevention Program; and

2. Receive a status report and presentation on the alternate site plan for the Gateway Project; a multi-phase updated development project proposed to be consisted of 474 units of housing, 25,000 square feet of retail, and improved surrounding infrastructure; and

3. Approve the proposed alternate site plan and conceptual design of the Gateway

Project; and

4. Authorize the Interim City Manager to execute a professional services agreement by and between the City of El Monte, Grapevine Advisors, LLC, JHC-Acquisitions, LLC and MVE Institutional in an amount not to exceed $167,110 for design and engineering services associated with the entitlement phase of the Gateway Project; and

5. Authorize the Interim City Manager to execute an amendment to the 2012

Gateway Specific Plan Phase 1B Property Reservation Development (the “MARKET-RATE DDA”) by and between the City of El Monte and Grapevine Advisors, LLC for the transfer of land and development of the Gateway Phase 1B and 1C Housing, an activity that would result in a mixed-use development of three-hundred and forty-two (342) market-rate housing units in total, of which two-hundred and two (202) units would be located above 25,000 square feet of ground-floor retail.

Page 11: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

Page 11 of 21

13A.5 Public Hearing to Consider Adoption of a Resolution Amending City Council

Resolution No. 8364 to Implement Processing of Administrative Fees Incurred by the City in Connection with the Collection of Administrative Citation Fines Issued by the City and Approval of a Proposal to Enter into an Agreement with a Third Party Service Provider to Provide the City with Collection Services for Administrative Citation Fines Issued by the Neighborhood Services Division.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: It is recommended that the City Council:

1. Open the Public Hearing and receive public comments regarding the matter;

2. Close the Public Hearing and ask any questions of staff;

3. Adopt a resolution amending City Council Resolution No. 8364, to add processing and administrative fees incurred by the City in connection with the collection of delinquent administrative citation fines issued by the Neighborhood Services Division;

4. Consider and approve the proposal submitted by Data Ticket Inc. to provide the

City with collection services for administrative citation fines issued by the Neighborhood Services Division;

5. Amend the Economic Development Department budget to provide an additional

$15,000 in General Fund monies for the purpose of providing initial start-up funding necessary to pursue delinquent citations for calendar years 2010-2012; and

6. Authorize the Interim City Manager to execute a three (3) year Professional

Services Agreement with one (1) option for extending the contract for additional three (3) years with Data Ticket Inc. based upon the fee schedule submitted.

Resolution No. 9350

Page 12: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

Page 12 of 21

13A.6 Public Hearing to Consider Approval of an Economic and Demographic Study of Mobilehome Parks in the City and Interim Urgency Ordinance of the City Council of the City of El Monte, California, Adopting a Temporary Moratorium on Certain Rent Increases for Mobilehome Park Spaces and Declaring the Urgency Thereof, in Accordance with Government Code Sections 36934 and 36937.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: It is recommended that the City Council:

1. Authorize City staff to execute a professional services agreement for the preparation of an economic and demographic study of local mobilehome parks in the City for a not to exceed cost of $24,000.

2. Direct staff to study and present recommendations to the City Council based on the study described in Point No. 1 above for possible new and permanent regulations to preserve affordable housing opportunities in mobilehome parks in the City.

3. Consider whether, in light of the information presently available to the City, that

the adoption of an interim urgency ordinance pursuant to Government Code Sections 36934 and 36937 to maintain the status quo on certain pending mobilehome park rent increases which have not yet taken effect should be implemented while the studies and evaluations referenced above are being undertaken.

4. Direct staff to issue a written status report within thirty-five (35) days of the adoption of the proposed Interim Urgency Ordinance and notice a public hearing to occur within forty-five (45) days that will consider the extension of the interim urgency ordinance.

Interim Urgency Ordinance No. 2811

Page 13: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

Page 13 of 21

14. CITY MANAGER’S AGENDA:

14.1 Homeless Count Event – Tuesday, January 29, 2013.

14.2 Information Regarding the City of El Monte Being the Honored Recipient of Two Awards from the San Gabriel Valley Energywise Partnership:

Energy Efficiency Award in the Category of Energy Savings Impact (Large City); and Gold Level Energy Leader (2010-2012).

14.3 Receive and File a Report by City Staff and Principals of Mortgage Resolution Partners

Regarding a Proposal for Evaluation of a Special Mortgage Modification Program for “Underwater Mortgage” Homeowners in El Monte and Direction to City Staff to Finalize the Text of an Advisory Services Agreement Between Mortgage Resolution Partners and the City of El Monte for Financial Consulting Services for Subsequent Approval by the City Council.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: It is recommended that the City Council:

1. Receive and file the report of the City staff and Mortgage Resolution Partners regarding a proposal to provide the City of El Monte with financial consulting services relating to the preparation of a mortgage modification program for underwater mortgages (mortgages in imminent risk of foreclosure).

2. Direct City staff to finalize the text of an advisory services agreement with Mortgage Resolution Partners for certain mortgage modification financial consulting services and return the proposed final text of the agreement for subsequent approval by the City Council as of January 8, 2013, or as soon thereafter as practicable.

15. CITY ATTORNEY’S AGENDA:

15.1 Approval of City Attorney Request to Dismiss Declaratory Relief Action in Matter Entitled Olivarez v. Zapata et al., Los Angeles Superior Court Case No. BC 495858.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:

In recognition of the good faith pledge on the part of the City Council, the El Monte Police Officers Association and other interested parties and community stakeholders to work cooperatively moving forward to develop alternative solutions for the long-term preservation of the City Police Department and in recognition of the withdrawal of the Notices of Intent to circulate ballot measure petitions by the named electors, the City Attorney’s Office recommends and requests that the City Council grant approval to formally dismiss the above-subject legal matter.

Page 14: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

Page 14 of 21

16. REGULAR AGENDA:

16A. City Council Business

16A.1 Consideration and Approval of Resolution of the City Council of the City of El Monte, California, Confirming the Conduct of the El Monte City General Municipal Election Consolidated with the General Election Held on November 6, 2012 and Declaring the Approval of the Results of Said Election as Provided by Law Declaring the Approval of the Results of Said Election as Provided by Law.

Resolution No. 9351

16A.2 Presentation of Preliminary Findings of City of El Monte Water Department Water Rate Study and Consideration and Approval for Execution by the Interim City Manager of the Following Water-Related Agreements:

1. Recycled Water Memorandum of Understanding Authorizing the San Gabriel

Valley Water Company to Provide Recycled Water Service to Certain Institutional Recycled Water Users within the Service Area of the El Monte;

2. Reconsideration of an Agreement for the Sale of up to 200 Acre Feet of Surplus Water to the San Gabriel Valley Water Company subject to a City-Held Right to Repurchase a Portion of the Surplus Water on the Fifth (5th) year anniversary of the Agreement.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:

1. Receive the PowerPoint presentation of City staff and the City’s civil

engineering consultant detailing the preliminary findings of the City’s water rate study;

2. Consider and take action to approve the attached Memorandum of Understanding between the City of El Monte and the San Gabriel Valley Water Company authorizing the Water Company to expand recycled water connections into the City Water Department Service Area for purposes of making Water Company’s recycled water available to certain institutional water users in the City

3. Reconsider and take appropriate action to approve an agreement for surplus water sales with option to repurchase with the San Gabriel Valley Water Company authorizing the sale of up to 200 acre feet of surplus prescriptive pumping rights, subject to a City-held option to repurchase said rights on the fifth (5th) anniversary of the execution of the Purchase and Sale Agreement.

Page 15: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

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16A.3 Consideration and Approval of a Resolution of the City Council Expressing Support for the El Monte Police Department.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:

It is recommended that the City Council approve the above-subject Resolution

expressing support for the El Monte Police Department. Resolution No. 9352 16A.4 Consideration and Approval of a Resolution of the City Council Expressing

Support for Comprehensive Immigration Reform. RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: It is recommended that the City Council approve the above-subject Resolution

expressing support for comprehensive immigration reform. Resolution No. 9353 16A.5 Consideration and Approval of a Resolution Implementing the Imposition and

Collection of Annual $1 Disability Access and Compliance Fee for Business Licenses as Mandated by the State of California through the Recent Passage of Senate Bill 1186.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:

This Resolution implements a $1 fee for business licenses as mandated by Senate Bill 1186, for the purpose of increasing disability access and compliance with the Americans with Disabilities Act (“ADA”). The State, through the passage of SB 1186, now mandates that all municipalities collect a $1 fee on top of their regular business license tax to fund State and local ADA compliance efforts effective January 1, 2013.

Resolution No. 9354 16A.6 Discussion and Action to Appoint Replacement Mayor Pro Tempore.

Page 16: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

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16A.7 Consideration and Approval of Request to Authorize the Award for Construction Upgrades of the 2012-2013 CDBG Aquatic Center – Energy Efficiency Project Electrical Work.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: It is recommended that the City Council:

1. Authorize the Interim City Manager to award and execute a contract with Parkia, Inc. for an amount not to exceed $41,600; and

2. Approve the Project Budget as presented in Attachment 1. Total Cost: $50,000 Account No: 220-54-548-8221 Is the cost of this item budgeted? Yes

16A.8 Consideration and Approval of Request for Authorization to Replace Five (5) 1996 Cutaway Buses Through a Cooperative Purchasing Agreement.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: It is recommended that the City Council:

1. Authorize the Interim City Manager to dispose/transfer five (5) 1996 El Dorado National Aerotech 240 cutaway buses and to purchase new compressed natural gas cutaway buses through a cooperative purchasing agreement with the California Association of Coordinated Transportation (CalACT) and the Morongo Basin Transit Authority (MBTA); and

2. Authorize staff to transfer two (2) 1996 El Dorado National cutaway buses to El Monte’s Police Department for their SWAT Team deployment and transportation of Community Service Workers for non-commercial purposes.

Total Cost: $700,000 Account No: 203-67-579-8132 Is the cost of this item budgeted? Yes

Page 17: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

Page 17 of 21

16A.9 Consideration and Approval of a Memorandum of Understanding and a Purchase of a New Transit Bus for the Job Access and Reverse Commute Grant Program.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: It is recommended that the City Council:

1. Authorize the Interim City Manager to execute a Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority with regard to the Job Access and Reverse Commute (JARC) Program and all other grant related documents; and

2. Authorize staff to purchase a new transit bus through a cooperative purchasing agreement with the California Association of Coordinated Transportation (CalACT) and the Morongo Basin Transit Authority (MBTA) to comply with JARC Program requirements.

16A.10 Consideration and Authorization to Execute a Memorandum of Understanding for the New Freedom Program Grant.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:

It is recommended that the City Council authorize the Interim City Manager to execute a Memorandum of Understanding between the City and the Los Angeles County Metropolitan Authority for the New Freedom Program Grant and all other grant related documents.

16A.11 Consideration and Approval of a Contract Amendment to the Existing Contract Between the City of El Monte and Southland Transit, Inc., for Fixed-Route Transit and Dial-A-Ride Services.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: It is recommended that the City Council:

1. Authorize the Interim City Manager to execute a contract amendment to the June 2008 agreement with Southland Transit, Inc., extending the terms and services from December 31, 2012 to December 31, 2015.

2. Approve an average hourly rate increase for an extended three-year contract period of 3.34% for Dial-A-Ride service and 3.33% for Fixed-Route Transit service, with forward planning for replacement buses.

Total Cost: $537,000 Account No: 202-67-575-6111

Total Cost: $385,000 Account No: 202-67-574-6111 Is the cost of this item budgeted? Yes

Page 18: OF THE CITY COUNCIL OF THE CITY OF EL MONTE

City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

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16A.12 Discussion Options to Continue the Foreclosed Property Registration Program and Related Information Technology Projects and Request for City Staff Authorization to Proceed with Staff Recommended Courses of Action

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: It is recommended that the City Council:

1. Authorize the Interim City Manager, in consultation with the City Attorney, to approve an amendment to the professional services contract with Neftali Cortez, ReMax Realty 100, Inc. for a term of three (3) years for the continued implementation of the foreclosure tracking and monitoring of the web-based program focused on protecting neighborhoods in which vacant and foreclosed homes are located in an expenditure amount to exceed: a. $3,500 per month for program management; and b. The continuation of a cost recovery program for an amount of twenty percent

(20%) of the amount recovered commencing January 1, 2013; and c. Authorize the Interim City Manager, in consultation with the City Attorney to

approve a new professional services contract with Cogility, Inc. for a term of three (3) years for continued information technology support for the web-based Code Enforcement development and implementation in an expenditure amount of $3,200 per year; or

2. Authorize the Interim City Manager to issue a Request for Proposals (RFP) to

solicit proposals for the continued implementation of the El Monte Foreclosed Property Registration Program.

16A.13 Authorization to Approve Professional Service Contracts for Certain Vendors and Independent Contractors Not-to-Exceed $200,000 to Continue to Avoid Disruptions in the Delivery of Certain Critical Services for a Six (6) Month Period.

RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION: It is recommended that the City Council:

1. Authorize the Interim City Manager to execute a six-month contract with VMA to continue to provide Public Information services for the City; and

2. Authorize the Interim City Manager to execute a six-month contract with JAS to continue to provide Building and Safety services for the City; and

3. Authorize the Interim City Manager to execute six-month contracts with the

following independent contractors: Dan Briney, Ron Hayes, William Hamilton, Joseph Gutierrez, and Anita Tran to continue to provide accounting service for the City of El Monte-Finance Department.

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El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

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17. WRITTEN COMMUNICATIONS: 18. COUNCIL COMMUNICATIONS:

18A. Mayor Quintero

18B. Mayor Pro Tem Gomez 18B.1 Discussion Regarding Southland Transit.

18C. Councilwoman Macias

18D. Councilwoman Martinez

18D.1 Discussion Regarding Emergency Relocation Assistance Program. 18D.2 Update on City Hall Renovations. 18D.3 Update on Emergency Resource Association Funding.

18E. Councilman Patel 18E.1 Legal Fees Update. 18E.2 Update on Business Licenses and Permit Reports or Matrix. 18E.3 Above and Beyond.

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City Council Meeting of December 18, 2012

El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

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19. ADJOURNMENT: The next Regular Meeting of the City Council will be held January 8, 2013 at 5:30 p.m. at El Monte

City Hall. This Agenda will be posted on the City’s website, www.ci.el-monte.ca.us, and physically posted no less than 72 hours prior to the start of the subject regular meeting. Although it is the City’s practice and desire to electronically post a copy of this Agenda along with supporting material as part of its website posting, the size or formatting of certain supporting materials may render their website posting infeasible. Nevertheless, all supporting materials related to any item on this Agenda, that is made available to the members of the council may be inspected by members of the public at the City Clerk’s Office located at 11333 Valley Boulevard, El Monte, Monday through Thursday, 7:30 am – 5:30 pm. For more information, please call the City Clerk’s Office at 626-580-2016

All public meetings and events sponsored or conducted by the City of El Monte are held in sites

accessible to persons with disabilities. Requests for accommodations may be made by calling the office of the City Clerk at (626) 580-2016 at least three (3) working days prior to the event, if possible. This Agenda and copies of documents distributed at the meeting are available in alternative formats upon request.

Posted: December 15, 2012 at 5:30 p.m.

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El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority

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2012 Upcoming Events

DATE TIME LOCATION

Tuesday, December 18

5:30 p.m. City Council and Successor Agency Closed Session Items Council Chambers

Tuesday, December 18

7 p.m. City Council and Successor Agency Meeting Council Chambers

Wednesday, December 19

6 p.m. Special City Council Meeting Council Chambers

Saturday, December 22

8 a.m. City of El Monte Christmas Basket Giveaway Volunteers report to: El Monte City School District 3540 Lexington Avenue, El Monte BASKETS WILL BE DELIVERED TO HOMES. TO SIGN UP GO TO COMMUNITY RELATIONS OFFICE AT VALLEY AND JOHNSON

Tuesday, December 25

Holiday Christmas Holiday – City Hall Offices Closed

Tuesday, January 1

Holiday New Year Holiday – City Hall Offices Closed

Wednesday, January 2

7:30 a.m. First Wednesday Chamber Networking Breakfast Meeting El Patio Restaurant 11672 Ramona Blvd., El Monte