HomeMy WebLinkAboutAgenda Packet - October 18, 2004 - CCAGENDA
CITY COUNCIL, THE
REDEVELOPMENT AGENCY, AND THE
AZUSA PUBLIC FINANCING AUTHORITY
AZUSA AUDITORIUM MONDAY, OCTOBER 18, 2004
213 EAST FOOTHILL BOULEVARD 6:30 P.M.
AZUSA CITY COUNCIL
CRISTINA C. MADRID
MAYOR
DIANE CHAGNON
COUNCILMEMBER
DICK STANFORD
MAYOR PRO -TEMPORE
1. CLOSED SESSION
IOSEPH R. ROCHA
COUNCILMEMBER
DAVE HARDISON
COUNCILMEMBER
A. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6).
Agency Negotiators: City Manager Gutierrez, and Assistant City Manager Person
Organizations/Employee: APOA
B. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8).
Address: 100 West Foothill Blvd., Azusa Avenue, Azusa, CA 91702
Agency Negotiators: City Manager Gutierrez, and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment
C. EMPLOYEE EVALUATION (Gov. Code Sec. 54957).
Title: City Manager
D. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION (Gov. Code Sec 54956.9(b)).
One Case. Claim by Vulcan Materials.
E. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 726 No. Dalton Avenue, Azusa, CA 91702 (Ruelas)
Agency Negotiators: City Manager Gutierrez and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Address: 728 No. Dalton Avenue, Azusa, CA 91702 (O'Shea)
Agency Negotiators: City Manager Gutierrez and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment
7:30 p.m. - Convene to Regular Meeting of the City Council.
• Call to Order
• Pledge to the Flag
• Invocation - Reverend Angel De Rosas of the First Filipino Presbyterian Church.
• Roll Call
II. PUBLIC PARTICIPATION
Person/Group shall be allowed to speak without interruption up to five (5) minutes,
subject to compliance with applicable meeting rules. Questions to the speaker or
responses to the speaker's questions "comments, shalibe handled alter the speakerhas
completed his/her comments. Public Participation wiObe limited to silly (60) minutes.
A. Mr. Art Ramirez, Chairman of the Azusa Golden Days Committee to address Council to express
appreciation for the success of the Azusa Golden Days Celebration.
B. Mr. Art Morales to address Council regarding the intersection on 2"d Street and North San
Gabriel Avenue; and street and traffic problems on the 100 block of North San Gabriel Avenue.
Further, to share his experience in witnessing Space One lift-off.
111. REPORTS, UPDATES, PENDING ITEMS AND ANNOUNCEMENTS FROM COUNCIL AND STAFF
A. Councilmember Rocha - Update on the Street Naming Sub -Committee for the Monrovia
Nursery Project.
IV. SCHEDULED ITEMS
A. Authorization to Approve a Short Term Loan from the Water Fund Balance to the
Redevelopment Agency for the Purchase of 100 W. Foothill Boulevard. Recommendation:
Approve a short term loan from the Water Department Fund Balance to the Redevelopment
Agency for the purchase of 100 W. Foothill Boulevard in an amount not to exceed $1,700,000.
10/18/04 PAGE TWO
B. Approval of Reimbursement Aereement with MBK Southern California for Costs Associated
with the Entitlement Processing for the Azusa Commons Mixed Use Development in an
Amount Not to Exceed $60.000. Recommendation: Approve reimbursement agreement
between the City and MBK southern California for costs associated with the entitlement
processing for the Azusa Commons mixed-use redevelopment project in an amount not to
exceed $60,000..
C. Nomination for Water Quality Authority Board Member. Recommendation: Waive further
reading and adopt Resolution No. 04-C82, nominating one of its members or nominating Mr.
Greg Nordbak, Mayor Pro -Tem of the City of Whittier.
D. Auditorium Security Project. Recommendation: Evaluate the bids for the Auditorium
Security Project and authorize bid award to Armstrong construction in the amount of $21,556.
E. Resolution for Negotiation impasse with Azusa Police Officers Association (APOA).
Recommendation: Act on the recommendation of the City's meet and confer negotiation
representatives, and adopt Resolution No. 04-C83, adopting the changes in the terms and
conditions of employment of the Azusa Police Officer's Association as specified in document
entitled "Impasse Proposals".
V. CONSENT CALENDAR
The Consent Calender adopting the printed recommended actions will be enacted with one
vote. /f Staff or Councilmembers wish to address any item on the Consent Calendar
individually, It will be considered under SPECIAL CALL ITEMS.
A. Approval of Minutes. Recommendation: Approve minutes as written.
B. Human Resources Action Items. Recommendation: Approve Personnel Action Requests in
accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable
Memorandum of Understanding(s).
C. City Treasurer's Report as of September 30, 2004. Recommendation: Receive and file
report.
D. Resolution Authorizing Payment of Warrants by the City. Recommendation: Adopt
Resolution No. 04-C84.
10/18/04 PAGE THREE
VI. REDEVELOPMENT AGENCY CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one
vote. if Staff or Directors wish to address any item on the Consent Calendar individually, it will
be considered under SPECIAL CALL ITEMS.
A. Minutes of the Redevelopment Agency. Recommendation: Approve minutes as written
B. Agency Treasurer's Report as of September 30, 2004. Recommendation: Receive and file
report.
C. Information Item: Professional Service Contracts Quarterly Report for Period lulu 1.2004
through September 30, 2004. Recommendation: Review and file.
D. Resolution Authorizing Payment of Warrants by the Aeencv. Recommendation: Adopt
Resolution No. 04-R26.
VII. AZUSA PUBLIC FINANCING AUTHORITY
A. Minutes of the Azusa Public Financing Authority. Recommendation: Approve minutes as
written.
B. Authority's Treasurer's Report as of September 30, 2004. Recommendation: Receive and
file report.
Vlll. ADIOURNMENT
A. Adjourn.
UPCOMING MEETINGS: October 25, 2004, Utility Board Meeting
November 1, 2004, City Council Meeting
November 8, 2004, City Council Workshop
November 15, 2004, City Council Meeting
November 22, 2004, Utility Board Meeting
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in a city meeting, please contact the City Clerk at 616-811-5229. Notification three
(3) working days prior to the meeting when special services are needed will assist staff in
assuring that reasonable arrangements can be made to provide access to the meeting.
10/18/04 PAGE FOUR
H/S u/c
THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT
8:18 P.M. THE CITY COUNCIL RECONVED AT: 8:19 P.M.
R/C u/c
THE CITY COUNCIL RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY
CONVENED AT 8:19 P.M. THE CITY COUNCIL RECONVED AT: : P.M.
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT K. PERSON, ASSISTANT CITY MANAGER
VIA: JULIE A. GUTIERREZ, CITY MANAGER
DATE: OCTOBER 18, 2004
SUBJECT: AUTHORIZATION TO APPROVE A SHORT TERM LOAN FROM THE
WATER FUND BALANCE TO THE REDEVELOPMENT AGENCY FOR
THE PURCHASE OF 100 W. FOOTHILL BOULEVARD
RECOMMENDATION
It is recommended that City Council approve a short term loan from the Water
Department Fund Balance to the Redevelopment Agency for the purchase of
100 W. Foothill Boulevard in an amount not to exceed $1,700,000.
BACKGROUND
Recently, Progressive Real Estate, began the process of acquiring the subject
site and has proposed uses for the property that may not maximize the
potential of one of the key corners of the downtown business district. As a
result of discussions with staff, the developer is willing to sell the property to
the redevelopment agency for the purchase price plus an additional $100,000
for expenses incurred to date plus loss of potential income resulting from the
new development. The site is on the southwest corner of Foothill Boulevard
and Azusa Avenue and is currently vacant. This would be a timely purchase for
the redevelopment agency in that no relocation or loss of business payments
would have to be made:
It is staff's recommendation to provide the redevelopment agency with a short
term loan from the Water Fund Balance in order to finalize the purchase of the
property. The redevelopment agency would, in turn, sell the property to a
developer and repay the short term loan. The reason for this proposed loan
structure is to use the redevelopment agency's power of acquiring/selling of
property without the encumbrances of a property sale by the City itself.
Any assistance needed by a developer for the project would come from the
redevelopment agency after the repayment of the loan to the Water Fund.
FISCAL IMPACT
Funds are available in the Water Fund Balance for this short-term loan. All
funds will be repaid by the redevelopment agency upon sale of the land to a
developer. This proposal has received the approval of the City Treasurer.
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT K. PERSON, ASSISTANT CITY MANAGER
VIA: JULIE A. GUTIERREZ, CITY MANAGER
DATE: OCTOBER 18, 2004 i4v
SUBJECT: APPROVAL OF REIMBURSEMENT AGREEMENT WITH MBK
SOUTHERN CALIFORNIA FOR COSTS ASSOCIATED WITH THE
ENTITLEMENT PROCESSING FOR THE AZUSA COMMONS MIXED
USE DEVELOPMENT IN AN AMOUNT NOT TO EXCEED $60,000
RECOMMENDATION
It is recommended that City Council approve a reimbursement agreement
between the City and MBK Southern California for costs associated with the
entitlement processing for the Azusa Commons mixed-use redevelopment
project in an amount not to exceed $60,000.
BACKGROUND
Staff has been working with MBK Southern California for approximately one
year regarding the proposed redevelopment of the Foothill Shopping Center
(Azusa Commons). The proposed project is now at a stage where the City has
and will begin incurring consultant costs associated with the entitlement
processing of the project. MBK Southern California has agreed to reimburse
the City for all consultant expenses related to the project through a
reimbursement agreement. Staff has estimated these consultant costs as
follows:
Legal: $15,000
Environmental: $35,000
Fiscal: $ 8,000
Total: $58,000
FISCAL IMPACT
All costs associated with the entitlement processing of the project by
consultants will be reimbursed to the City by MBK Southern California in an
amount not to exceed $60,000.
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL
FROM:
JOSEPH F. HSU, DIRECTOR OF UTILITIES
VIA: JULIE A. GUTIERREZ, CITY MANAGER
DATE: OCTOBER 18, 2004
SUBJECT: NOMINATION FOR WATER QUALITY AUTHORITY BOARD MEMBER
RECOMMENDATION
It is recommended that the Azusa City Council nominates one of its members or nominates
Mr. Greg Nordbak, Mayor Pro Tem of the City of Whittier.
BACKGROUND
The San Gabriel Basin Water Quality Authority (WQA) was established by the State Legislature
(SB 1679) on February 11, 1993 to develop, finance and implement groundwater treatment
programs in the San Gabriel Valley. The WQA is under the direction and leadership of a 7 -
member board, three members of each of the overlying municipal water districts, one from
the city with prescriptive water pumping rights, one from a city without prescriptive water
pumping rights, and two representing water producers in the San Gabriel Basin. As stipulated
in the enabling legislation, the term of the board member and alternate representing cities
with pumping rights will expire January 1, 2005. An election for this seat will take place on
December 20, 2004. Nomination for either a board member or an alternate is being solicited
from the cities with pumping rights.
The City of Azusa is one of the cities with pumping rights. Azusa City Council can nominate
one of its members as candidate for the vacancy. If no nomination from Azusa City Council,
Mr. Greg Nordbak, Mayor Pro Tem of the City of Whittier requested your support to nominate
him as a candidate to the WQA Board. A copy of Mr. Nordbak's request is attached for your
reference.
Page 2: WQA Board Member Nomination
FISCAL IMPACT
No fiscal impact is anticipated.
Prepared by: J. Hsu
Attachment
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
NOMINATING COUNCILMEMBER TO REPRESENT CITIES WITH
PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN
GABRIEL BASIN WATER QUALITY AUTHORITY
WHEREAS, on September 22, 1992, Senate Bill 1679 was signed into law by
Governor Pete Wilson authorizing the creation of the San Gabriel Basin Water
Quality Authority; and
WHEREAS, the Board of the San Gabriel Basin Water Quality Authority is
composed of seven members with three appointed members from each of the
three municipal water districts, one elected city council person from cities in the
San Gabriel Basin with prescriptive water pumping rights, one elected city council
person from cities in the San Gabriel Basin without prescriptive water pumping
rights, and two members representing water producers in the San Gabriel Basin
and;
WHEREAS, the City of Azusa is one of the cities in San Gabriel Basin with
prescriptive water pumping rights;
WHEREAS, the City of Azusa may nominate a representative by resolution from
September 21, 2004 through October 21, 2004.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA
DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1.
The City Council
Councilmember _
cities in the San
pumping rights.
of the City
Gabriel
_ as
Basin
PASSED, APPROVED AND ADOPTED this _th day of
ATTEST:
Vera Mendoza, City Clerk
of Azusa nominates
the representative for
with prescriptive water
Cristina C. Madrid, Mayor
2004.
I
t
APPROVED AS TO FORM:
0
Best Best & Krieger LLP
City Attorney
I HEREBY CERTIFY that the foregoing Resolution No. 04- was duly
adopted by the City Council of the City of Azusa, at a regular meeting thereof,
held on the _th day of , 2004 by the following vote of the Board.
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Vera Mendoza, City Clerk
AGENDA ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL NAKASONE, DIRECTOR OF PUBLIC WORKS
VIA: JULIE A. GUTIERREZ, CITY MANAGER
DATE: OCTOBER 18, 2004
SUBJECT: AUDITORIUM SECURITY PROJECT
STAFF RECOMMENDATION
It is recommended that the City Council evaluate the bids for the Auditorium Security Project and
authorize bid award to Armstrong Construction in the amount of $21,556.
COMMISSION RECOMMENDATION
Both the Architectural Barriers and Cultural/Historical Preservation Committees approved the
project as presented at their meeting of September 21, 2004. Both commissions acknowledged
the need for heightened security as well as the general design concept.
BACKGROUND
During the budget review process for the FY 2005 Capital Improvement Projects, the City Council
raised questions about the Auditorium Security Project. This project entailed both the installation
of both barrier fencing (protecting the dias from the audience) as well as bullet resistant panels on
the inside of the dial (protecting the Council from gunfire). The cost for this project was
estimated at $35,000. Council members expressed concerns about the financial impact of this
project and instructed staff to do the following;
1. Evaluate other bids to ascertain a more precise project budget.
2. Meet with the Architectural Barriers Commission for their input on the proposed
design.
3. Meet with the Cultural and Historical Preservation Commission for their input on
the proposed design.
Public Works staff has received (3) bids for the project. The (3) bids in their ascending order of
cost were as follows;
1. Armstrong Construction $21,556.
2. Carr! Construction $34,965.
3. Protective Partitions $37,427.
Staff recommends bid award to the low bidder, Armstrong Construction, in the amount of
$21,556.
FISCAL IMPACT
The cost for this project will be $21,556. Funding for this project is cost savings from the
Memorial Park Building Improvement Project completed in FY 2004.
AGENDA ITEM
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CATHY A. HANSON, DIRECTOR OF HUMAN RESOURCES
VIA: JULIE A. GUTIERREZ, CITY MANAGER
DATE: OCTOBER 4. 2004
SUBJECT: RESOLUTION FOR NEGOTIATION IMPASSE WITH AZUSA POLICE
OFFICERS ASSOCIATION (APOA)
RECOMMENDATION
It is recommended that City Council act on the recommendation of the City's meet
and confer negotiation representatives, and pass the attached resolution adopting the
changes in the terms and conditions of employment of the Azusa Police Officer's
Association as specified in document entitled "Impasse Proposals'.
BACKGROUND
Since May 19, 2004, representatives of both the City and the Azusa Police Officers
Association (APOA) have been regularly engaged in the meet and confer process by
which the parties sought to negotiate a successor to the August 1, 2000 — July
31,2004 Memorandum of Understanding between them. -
By means of correspondence dated July 20, 2004, Mr. Dieter C. Dam.meier one of the
representatives of the APOA advised the City in pertinent part:
"it appears we (representatives of the City and the APOA) are so far
apart that a deal is not likely. The APOA, however, does desire to
exhaust all efforts before moving to impasse and what goes along with
it. Accordingly, the APOA's last, best position is as follows:: (position
statement then followed).
The APOA last, best position was not agreed to by City representatives and the
APOA has not changed its position from that which it characterized as a last, best
�/lJ6
l �% / l
position in its letter of July 20, 2004, and the City agrees with the APOA that an
impasse exists as it regards negotiation of a successor MOU.
Therefore, the attached Resolution resolves the impasse by adopting the changes in
terms and conditions of employment for the APOA set forth in the attached Exhibit
"A" to the resolution.
FISCAL IMPACT
Although the fiscal impact to the 2004-2005 budget is indeterminate, should there be
an impact, it will result in a budgetary savings. In this regard, the attachment may
result in year 2004-2005 savings in special assignment pay, use of sick leave, sick
leave related increases to retirement service credit, vacation distributions, and tuition
reimbursement. However, the principle budgetary impact of implementing the
attachment, shall occur in later fiscal years.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
ADOPTING THE CHANGES IN THE TERMS AND CONDITIONS OF EMPLOYMENT
OF THE AZUSA POLICE OFFICER'S ASSOCIATION
WHEREAS, on May 19, 2004, the City of Azusa began good faith meet and
confer sessions with the Azusa Police Officer's Association ("APOA") in an attempt to negotiate
a successor to the August 1, 2000—July 31, 2004 Memorandum of Understanding; and
WHEREAS, after participating in good faith negotiations since May 19, 2004,
the parties have exhausted all reasonable steps by which to negotiate a successor Memorandum
of Understanding; and
WHEREAS, on July 20, 2004, the APOA served a last, best offer, which was
rejected by the City; and
WHEREAS,the parties have reached an impasse in the meet and confer process;
and
WHEREAS, on October 4, 2004, the City Council considered various proposals
by which to resolve the pending impasse, and heard and considered public comment regarding
said proposals.
NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1: The City Council hereby resolves the impasse existing between
representatives of the City and the APOA regarding attempts to negotiate a successor to the
August 1, 2000 — July 31, 2004 Memorandum of Understanding between them, by adopting the
changes in the terms and conditions of employment for the Azusa Police Officer's Association
set forth in the attached Exhibit"A" to this Resolution and incorporated herein by this reference.
Pending completion of the meet & confer process with recognized employee organizations other
than the APOA, the attached Employee Relations Resolution shall apply only to the APOA
represented unit and to unrepresented employees.
PASSED,APPROVED AND ADOPTED this 4th day of October,2004.
Christina C. Madrid, Mayor
RVLIT'NGM\673253.1
ATTEST:
Vera Mendoza, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the
foregoing Resolution No. was duly introduced and adopted at a regular meeting of
the City Council on the 4th day of October, 2004, by the following vote,to wit:
AYES:COUNCILMEMBERS:
NOES:COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Vera Mendoza,
City Clerk
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
RVLrIWGM\673253.1
Served by e-mail September 24, 2004
INTRODUCTION—IMPASSE PROPOSALS
In recognition of the parties being at impasse as regards negotiation of a successor to the
August 1, 2000-July 31, 2004 memorandum of understanding between them,this
document represents those changes in matters within the scope of representation which
City representatives reserve the right to present to the City Council for purposes of
resolving the pending impasse by means of unilaterally implementing changes in terms
and conditions of employment. APOA representatives shall be provided appropriate
notice of when, if it all, the City Council shall consider impasse resolution. Although
resolution of impasse by means of unilateral implementation does not result in an
Agreement, the year 2000-2004 MOU between the parties is utilized to most clearly
display those changes in terms and conditions of employment which City representatives
reserve the right to present to the City Council for its consideration in resolving the
impasse. Incorporated into this proposal is Exhibit 1, a Resolution of the City Council of
the City of Azusa Establishing Rules and Regulations Relating to Employer-Employee
Relations.
TABLE OF CONTENTS
1. TERM OF MEMORANDUM OF UNDERSTANDING 3
2. CONTINUATION OF BENEFITS, TERMS, AND CONDITIONS OF
EMPLOYMENT 3
3. MANAGEMENT RIGHTS 4
4. WORK WEEK AND TIMEKEEPING INTERVAL 5
5. SALARY 5
6. ADDITIONAL COMPENSATION/PREMIUM PAY 6
6.1 Acting Employee 6
6.2 Bilingual Pay 6
6.3 Callout 7
6.4 Deferred Compensation 7
6.5. Educational Incentive Pay 7
6.6. Holiday Pay(See also 7.2. Holidays) 8
6.7. Longevity Pay 8
6.8 Off Duty Court Appearance Time 9
6.9 Standby("On Call") Pay 10
6.10. Overtime/Compensatory Time 10
6.11. Special Assignments 12
6.12. Shift Differential 12
6.13. Training Pay(Police Officer) 13
6.14. Training Pay(Corporal) 13
6.15. Uniform Allowance 13
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 1 of 30
7. LEAVE/DAYS OFF 13
7.1. Bereavement Leave 13
7.2. Holidays (see also 6.6. Holiday Pay) 13
7.3 Industrial Leave 14
7.4. Personal Leave 15
7.5. Sick Leave 15
7.6. Vacation Leave 19
8. CLOTHING DAMAGE REIMBURSEMENT 20
•. e,. ' - • ` e, _RCISE EQUIPMENT LOAN PROGRAM
(deleted) 1110
10. DISABILITY INSURANCE (SHORT/LONG TERM) 21
11. EMPLOYEE ASSISTANCE PLAN 21
12. FLEXIBLE BENEFIT PLAN 21
13. LIFE INSURANCE 23
14. OUTSIDE EMPLOYMENT 23
15. PHYSICAL EXAMINATIONS 23
16. RETIREMENT 24
17. SAFETY EQUIPMENT 25
18. TUITION REIMBURSEMENT 25
19. POLICIES 28
20. APOA NOTIFICATION OF SOLICITATIONS 20
21. WORK STOPPAGES �S
22. GRIEVANCE PROCEDURES -)9
23. COMPENSATED TIME OFF FOR PERFORMANCE OF APOA FUNCTIONS 3()
24. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 30
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 2 of 30
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA AND THE
AZUSA POLICE OFFICERS' ASSOCIATION
AUGUST 1,2000 through JULY 31, 2004
(Unilateral impasse resolution does not result in
an MOU.)
(1) This Memorandum of Understanding is entered into with reference to the
following facts: The Azusa Police Officers' Association (APOA) (hereinafter referred to
as "Association") is the recognized employee organization representing those personnel
(hereinafter referred to as "employees") employed by the various departments of the City
of Azusa(hereinafter referred to as "City"), and occupying the classifications as listed in
Section 2.15. However, this MOU shall not preclude the City petitioning during the term
of this MOU for a modification of the unit presently represented by the APOA. or from
implementing a unit modification during the term of this MOU.
(2) In the interest of maintaining harmonious relations between the City and those
employees represented by the Association, authorized representatives of the City and the
Association have met and conferred in good faith, exchanging various proposals
concerning wages, hours and other terms and conditions of employment to affected
employees.
(3) The authorized representatives of the City and the Association have reached an
understanding and agreement as to certain changes in wages, hours and other terms and
conditions of employment of the affected employees which shall be submitted to the City
Council of the City for approval and implementation of these changes by appropriate
ordinance, resolution, or other lawful action.
Therefore, the City and the Association agree that, subject to approval and
implementation by the City Council of the City, the wages, hours and other terms and
conditions of employment for all affected employees shall be as follows:
1.TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding(MOU) shall commence August 1,
2000, and shall continue in full force and effect until July 31, 2004.
2. CONTINUATION OF BENEFITS, TERMS,AND CONDITIONS OF
EMPLOYMENT
between the Association and the City not specifically altered by this agreement are
hereby incorporated in this agreement and made a part of it by reference. The terms and
RMK/dlt#147297 v2-Azusa MOU-REVISED Sept 23 Page 3 of 30
conditions of employment specifically referenced in this MOU shall not be modified
during the term of the Agreement, unless done so pursuant to written agreement of the
parties. However, terms and conditions of employment not specifically referenced in
this 310U shall be subject to modification during the term of the MOU, consistent with
the meet and confer duties and obligations of the parties and City-authorized impasse
resolution procedures.
3.MANAGEMENT RIGHTS
3.1 The City reserves, retains and is vested with, solely and exclusively, all rights of
Management which have not been expressly abridged by specific provisions(s) of
this Memorandum of Understanding or by law to manage the City, as such rights
existed prior to the execution of this Memorandum of Understanding. The sole
and exclusive rights of Management, as they are not abridged by-this any
agreement or by law, shall include, but not be limited to, the following rights:
3.1.1 Determine the mission of its constituent departments, commissions and
boards;
3.1.2 Set standards of service;
3.1.3 Determine the procedures and standards of selection for employment and
promotion;
3.1.4 Direct its employees;
3.1.5 Take disciplinary action;
3.1.6 Relieve its employees from duty because of lack of work or for other
legitimate reasons;
3.1.7 Maintain the efficiency of governmental operations;
3.1.8 Determine the methods, means and personnel by which government
operations are to be conducted;
3.1.9 Determine the allocation and content of job classifications;
3.1.10 Take all necessary actions to carry out its mission in emergencies; and
3.1.11 Exercise complete control and direction over its organization and
technology of performing its work.
3.2 Except in emergencies, or where a change in procedure regards a fundamental
City policy decision, or where the City is required to make changes in its
operations because of the requirements of law, whenever the exercise of
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 4 of 30
Management's rights shall substantially impact on employees of the bargaining
unit, the City agrees to meet and confer with representatives of the Association
regarding the impact of the exercise of such rights, unless the matter of the
exercise of such rights is provided for in this Memorandum of Understanding, or
in Personnel Rules and Salary Resolutions and Administrative Code(s) which are
incorporated in this Agreement. By agreeing to meet and confer with the
Association as to the impact and the exercise of any of the foregoing City Rights,
Management's discretion in the exercise of these rights shall not be diminished.
4. WORK WEEK AND TIMEKEEPING INTERVAL
4.1. Work Week
Subject to the parties' written agreement to assign sworn officers to 3/12.5 work
week schedule only during the designated period May 23, 2004 through
September 25, 2004 tThe regular workweek for all employees covered by this
document shall be forty(40)hours for a seven(7) day period beginning at 12:01
a.m. each Sunday and shall consist of four(4) days a week and ten (10)hours per
day. Daily hours of work or shifts for employees within the department shall be
assigned by the department head, as required to meet the needs of the department.
4.2. Workday
The workday will consist of ten(10) hours with lunch and breaks to be scheduled
in light of departmental policy.
The City reserves the right to determine the beginning and ending times of the
work day.
4.3. Timekeeping Interval
In compliance with FLSA, the minimum timekeeping interval shall be fifteen (15)
minutes. Periods of time of seven (7)minutes or less shall be rounded down, and
periods of time of eight (8)minutes or more shall be rounded up.
5. SALARY
Subject to the December 2, 2003 SIDE LETTER AGREEMENT BETWEEN THE
CITY OF AZUSA.AND THE AZUSA POLICE OFFIERS ASSOCIATION, which
shall sunset with the September 1, 2004 adjustment set forth therein, there shall be
no base salary increases during the < fiscal year 2004-5.
Effective August 1, 2000, the base monthly salary shall be as follows:
Classification Range Step 1 Step 2 Step 3 Step 1 Step 5
Police Officer 6101 $3,898.99 $1,085.87 $1,285.12 S1,188.11
S4,704.49
RMKldif#147297 v2-Azusa MOU-REVISED Sept 23 Page 5 of 30
Police Corporal 6106 $ 1,093.94Si 200,16 $4,199,38S'1,712,55
$1,939.71
Police Sergeant 6501 $'1,676.51 S47902,5
, '. -
S5,619.93
*Due to rounding of figures, they may vary slightly from payroll computer figures, which
are e' • :laces.
base monthly salary based on the March to March change in the Consumer Price index
- , _ eceunty CA, CPI U, All items) to a
in the survey conducted in the year 2000, the City shall conduct a si.
1, 2003, to
and Police Sergeant classifications, in the City of Azusa among the survey cities. Based
effective July 1, 2003, equal to the amount required to bring said classification to the rank
increase in compensation due under this section shall be subject to the meet and confer
process.
are ranked number one in total compensation among survey cities, and the Police
would receive an increase in compensation in an amount that brings the Police Sergeant
increase in compensation.
5.4. Automatic Payroll Deposit
The City will continue to offer Automatic Payroll Deposit in cooperation with any
bank that utilizes the Automated Clearing House service.
6. ADDITIONAL COMPENSATION/PREMIUM PAY
6.1 Acting Employee
An employee otherwise eligible for acting pay shall not be eligible during
scheduled periods of Vacation or when on Sick Leave.
6.2. Bilingual Pay
RMK/dif#147297 v2-Azusa MOU-REVISED Sept 23 Page 6 of 30
In addition to monthly basic pay, the city shall pay an incentive to personnel
demonstrating a proficiency in a major foreign language if they are assigned and
required to speak and translate the language in performance of their duties.
Such additional payment is conditional upon demonstration of language
proficiency by a qualified third-party examiner mutually agreed upon by both the
City and the Association.
The incentive paid shall be $200 per month; provided, however, that employees receiving
a greater dollar amount for bilingual pay on the effective date of this MOU shall continue
to receive the higher dollar amount.
6.3 Callout
If an employee is required to be called back to work after completing his or her
normal shift or after having left City premises or the employee's work location,
the employee shall be compensated at the appropriate rate for each hour worked
on Callout with a minimum of(2)hours Callout compensation, regardless of
whether the employee actually works less than two (2)hours. This provision shall
be applicable to an employee even though the employee's regular work week is
not complete but shall not apply to an employee who is continuing on duty for
his/her normal work shift. For the purposes of this section only, the time starts
when the Callout call is received by the employee.
6.3.1. Appropriate Rate of Pay for Callout
The rate of pay for Callout shall be one and one-half(11/2) times the normal rate of
pay. Callout may be entered as Premium Overtime or as Compensatory Time
Earned.
6.4. Deferred Compensation (City Paid)
For those employees with the classification of Police Sergeant: $90 per month in deferred
compensation.
6.5. Educational Incentive Pay
6.5.1. The City will pay two and one-half percent(2.5%) of the "sworn"
employee's base rate if he/she possesses an Associate in Arts or Science
degree or Intermediate Certificate issued by the California Commission on
Peace Officer Standards and Training(P.O.S.T.) with forty-five (45)
semester or equivalent quarter units from an accredited college or
university,but not to exceed $100 per a month for Police Officer and
Police Corporal and $125 for Police Sergeant
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 7 of 30
6.5.2. The City will pay five percent (5%) of the "sworn" employee's base salary
rate if he/she possesses a Bachelor of Arts or Science degree or Advanced
certificate issued by the California Commission on Peace Officer
Standards and Training (P.O.S.T.) with sixty(60) semester or equivalent
quarter units from an accredited college or university, but not to exceed
$200 per a month for Police Officer and Police Corporal and $250 for
Police Sergeant.
Neither 6.5.1. nor 6.5.2 above shall apply to any "sworn" employee whose
job description has an equivalency requirement for either an Associate in
Arts or Science degree or a Bachelor of Arts or Science degree.
6.5.3 Notwithstanding the foregoing, employees receiving a greater amount for
education incentive pay on the effective date of this MOU shall continue
to receive the higher dollar amount.
6.6 Holiday Pay (See also 7.2. Holidays)
Shift Personnel - Employees shall receive an additional 100 hours pay per year(10 hours
x 10 holidays)whether the holiday is worked or falls on a regularly-scheduled day off
(paid the pay period following the holiday).
Non-Shift Personnel - Employees who work holidays shall receive regular pay plus time
and a half for hours worked or equivalent compensatory time.
Special Assignments - Employees on special assignments who work other than the 4 day,
10 hour/day week shall be compensated accordingly.
6.7. Longevity Pay
6.7.1 The monthly longevity pay for employees hired on or after August 1,
2000,but prior to August 1, 2004, shall be in accordance with the
following schedule:
7 yrs = $100
10 yrs =$200
15 yrs =$300
20 yrs = $400
6.7.2 The monthly longevity pay for employees hired prior to August 1, 2000,
shall be in accordance with the following schedule:
POLICE OFFICER
7yrs $117.61
10 yrs $235.22
15 yrs $352.84
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 8 of 30
20 yrs $470.45
POLICE CORPORAL
7yrs $123.49
10 yrs $246.99
15 yrs $370.48
20 yrs $493.97
POLICE SERGEANT
7yrs $141.25 .
10 yrs $282.50
15 yrs $423.74
20 yrs $564.99
6.7.3 Notwithstanding the foregoing, employees currently receiving a higher
dollar amount of longevity pay than the amount provided for under
Section 6.7.2. shall continue to receive the higher dollar amount until
eligible for an increase based on the schedule set forth in Section 6.7.2.
6.8 Off Duty Court Appearance Time
6.8.1 Off-Duty Court Appearance Time is applicable only for court appearances
scheduled to begin during off-duty hours. Except as provided above, court
time during regularly-scheduled working hours shall be compensated at
straight time on an hour-for-hour basis.
The City agrees to pay for Off-Duty Court Appearance Time on an hour-
for-hour basis with a minimum of four(4)hours of pay at the appropriate
rate (currently time and one-half). For example, if an employee's shift
begins at 3 p.m. and the employee's Off Duty Court Appearance begins at
2 p.m., the employee will be entitled to a minimum of four hours of Off-
Duty Court Appearance Time pay. Off-Duty Court Appearance Time shall
begin to accrue as early as 8:30 a.m. or the court-requested show-up hour,
whichever is later. In cases where the appearance is canceled by the court
(either directly or through the Department), the employee must be
personally notified of such cancellation by the Department no later than
6:00 p.m. of the previous court day, or a guaranteed minimum of four(4)
hours of Off-Duty Court Appearance Time shall apply. "Personal"
notification shall be defined as any one of the following(to be agreed
upon in advance between the employee and the department court officer):
• In person,
• To a responsible message taker, or
• Via an answering machine or voice mail
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 9 of 30
6.8.2 If the court or the Department requires an employee who makes an off-duty court
appearance to also stand by on the same day(for that appearance and/or another
one), the employee shall be entitled to receive pay for one of the following,
whichever is greater:
6.8.2.1 The actual time in court (or the four-hour Off-Duty Court Appearance
Time minimum, whichever is greater),plus the actual time standing by; or
6.8.2.2 The actual time standing by(or the four-hour Standby Time minimum,
whichever is greater) plus the actual time in court.
6.9 Standby ("On Call") Pay
The City agrees to pay for court Standby Time (or other "On Call" time) on an hour-for-
hour basis with a minimum of four(4) hours of regular pay. Court Standby Time shall
begin to accrue as early as 8:30 a.m. or the court-requested show up hour, whichever is
later, and shall continue no later than 5:30 p.m. In cases where the appearance is canceled
(either directly by the court or through the Department), the employee must be personally
notified of such cancellation by the Department no later than 6:00 p.m. of the previous
court day, or a guaranteed minimum of four(4)hours of Standby Time shall apply.
"Personal" notification shall be defined as any one of the following(to be agreed upon in
advance between the employee and the department Court Officer):
• In person,
• To a responsible message taker, or
• Via an answering machine or voice mail
6.10. Overtime/Compensatory Time
Employees shall be entitled to Overtime Pay or compensatory time off at the rate of one
and one-half(11/2)times the employee's hourly rate for all hours worked in excess of ten
(10)hours in one work day or forty(40)hours within the employee's regular work week.
For the purposes of this agreement, holiday pay, Sick Leave, and other compensated time
off shall count for the hours. Compensatory time may be accumulated at the appropriate
rate for each hour of overtime worked to the maximum accrual rate set forth herein by the
City as part of its impasse resolution process. by Federal law.this Agreement.
Overtime pay or compensatory time off for overtime shall be accumulated in no less than
fifteen(15)minutes per day increments. When an employee works less than fifteen
minutes per day of overtime, the employee shall not receive compensatory time for such
overtime.
In order to be entitled to any compensation for overtime hours worked, such overtime
work must have been authorized by the department head. Accumulated compensatory
time not taken off in the pay period in which it was earned may be carried over up to a
RMK/dif#147297 v2-Azusa MOU-REVISED Sept 23 Page 10 of 30
• maximum of four hundred and eighty(480)hours (320 hours worked at time and one
half would equal 180 hours). one hundred twenty(120)hours.
The Administration of compensatory time off shall be pursuant to the principles set forth
in Alortensen v. County of Sacramento (9th Cir., May 24, 2004) as modified by •
Additionally, the following guidelines which shall apply to use of compensatory time.off:
1. Subject to paragraph 5, below, an employee who has requested the use of
compensatory time off shall be permitted to use such time within a
reasonable period after making the request if the use of the compensatory
time does not unduly disrupt the operations of the police department. A
"reasonable period" shall be one year six months four months from the
. time of the initial request (see paragraph 5, below).
2. A non-rebuttable presumption exists that use of compensatory time off
would constitute an undue disruption upon the operations of the Police
Department, where the use of compensatory time off would cause
Department-mandated minimum staffing levels for any particular shift, to
fall below said manning level.
3. The minimum manning levels for each shift are as follows (Although
included in an impasse-resolution document, it is the position of the City
that minimum manning levels are not subject to the meet and confer
process. I-Iowever,the manning levels are incorporated into this proposal
(and into a counterpart City proposal for a comprehensive memorandum
of understanding), because of their contextual relationship to the issue of
compensatory time off accumulation and usage, and in order to render
clarity to the compensatory time off position/proposal):
Day watch -
(1) Watch Commander
(l) Field Supervisor
W3 (3) Corporals or officers
Swing Watch
(1) Watch Commander.
(1) Field Supervisor
(4) Corporals or officers
E/M Watch
(1) Watch Commander
(1) Field Supervisor
(1) (3) Corporals or officers
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 11 of 30
4. The minimum manning levels are designed to provide for safe and proper
scheduling of personnel.
5. If the Department is reasonably unable to schedule and grant use of
compensatory time off within one year four months from the time of an
initial request to utilize compensatory time off then the requested time
shall be converted to cash and distributed.
6. The availability of another employee to work for a CTO applicant where
the use of CTO would otherwise cause staffing to be below the designated.
minimum staffing level. shall not be a factor in determining whether or not
the Department shall grant CTO usage.
7. Additionally. the Department can compel an employee to utilize
accumulated CTO and shall be authorized to select specific dates and
times that an employee must use such compensatory time off.
8. Upon a Department determination of undue disruption, use of
compensatory time off shall be subject to denial even in those cases where
use of the time would not cause staffing to fall below the above-described
minimum levels.
On the commencement date of this Agreement, Following City impasse resolution, one or
more represented employees will have accumulated in excess of forty(40) one hundred
twenty(120) hours of compensatory time off. Such employees shall not accumulate
additional compensatory time off unless or until the employee's use or authorized
conversion to cash of accumulated compensatory time off causes any individual
employee's accumulated balance to be less than forty (10)one hundred twenty(120)
hours. At such time, the employee shall once again have the option of accruing
compensatory time off up to the forty (10)one hundred twenty(120)hour maximum
limit.
6.11. Special Assignments
In addition to monthly basic pay, the following assignments, when made by the Chief of
Police or his designee, shall receive two and one-half percent (2.5%). but only when the
employee is actually performing the duties of the special assignment(no requirement
exists which mandates staffing of any such assignment):
K-9 Officer
Bicycle Patrol Officer
In addition to monthly basic pay, the following assignment, when made by the Chief of
Police or his designee, shall receive five percent (5%):
Motor Officer
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 12 of 30
In addition to monthly basic pay, the following assignments, when made by the Chief of
Police or his designee, shall receive a minimum of ten (10)hours per month of Standby
time, at the Premium rate (currently time-and-one-half):
Detective
SET Detective
Gang Detective
6.12. Shift Differential
Persons assigned to the following shifts will be compensated for all hours worked as
follows:
Swing shift: additional $.54 per hour
Morning shift: additional $1.08 per hour
Shift differential pay will not apply to individuals who are working either of the above
shifts on an overtime basis, on a shift exchange or when called out due to an emergency.
6.13. Training Pay (Police Officer)
For employees in the classification of Police Officer only, the City shall pay two and one-
half percent (2.5%) in addition to the base salary while assigned performing the duties of
a Field Training Officer(FTO).
6.14. Training Pay(Corporal)
For employees assigned to the classification of Corporal only, the City shall pay one
percent(1%) in addition to base salary while assigned duties of a Field Training Officer
(FTO).
6.15. Uniform Allowance
The uniform allowance for "sworn" employees is $760 per year and will be paid by the
City in November. At this time it is not subject to income tax withholding.
7. LEAVE/DAYS OFF
7.1. Bereavement Leave
An employee may be permitted to take up to forty(40)hours Bereavement Leave in the
event of the death of a member of his/her immediate family. "Immediate family" member
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 13 of 30
is herewith defined as a mother, father,brother, sister, spouse, child, mother-in-law,
father-in-law, grandparents or relative living within the employee's household. Persons in
loco parentis may also be considered under certain circumstances. Such leave shall not be
charged against the employee's Sick Leave or Vacation.
In addition to Bereavement Leave, an employee may request up to twenty(20) hours of
Sick Leave in the event of the death of an immediate family member. Such leave shall be
charged against the employee's Sick Leave balance and shall be considered in calculating
his or her ability to convert the balance.
7.2. Holidays (see also 6.6. Holiday Pay)
7.2.1. Designated Holidays
The employee shall receive time off with pay for the following holidays but only
if the employee is paid for the workday that precedes or follows the holiday. If a
holiday falls on an employee's scheduled day off, the employee shall receive the
holiday on the next scheduled business day. The dates upon which these holidays
shall be observed are listed below:
Holiday Month 2000- 2001- 2002- 2003- 2004-
2001 2002 2003 2004 2005
Independence Day July 4 4 4 7*
Labor Day Sept 4* 3* 2* 1*
Columbus Day Oct 9* 8* 14* 13*
Veteran's Day Nov 13* 12* 11* 11
Thanksgiving Day Nov 23 22 28 27
Christmas Day Dec 25* 25 25 25
New Year's Day Jan 1* 1 1 1
Martin Luther King Day Jan 15* 21* 20* 19
President's Day Feb 19* 18* 17* 16
Memorial Day May 28* 27* 26* 31
*indicates Monday
7.3 Industrial Leave
A regular employee who is temporarily or permanently incapacitated as a result of injury
or illness determined to be compensable under the Workers' Compensation Act shall be
granted industrial leave under the following terms and conditions:
7.3.1 An employee granted industrial leave shall continue to be compensated at
his regular rate of pay in lieu of temporary disability payments.
7.3.2 Should it be determined that an employee's illness or injury did not arise in
the course of the employee's employment with the City or that the
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 14 of 30
employee is not temporarily or permanently incapacitated or disabled as a
result of the injury or illness, then the employee's accrued or, if
insufficient, future Sick Leave shall be charged to reimburse the City for
any payments made to the employee pursuant to (1) above.
7.3.3 An industrial leave of up to ninety(90) calendar days shall be authorized
for each injury or illness determined to be compensable under the
Workers' Compensation Act. Paid leave may be continued subject to
review by the City Council at the end of such ninety(90) calendar day
period to a maximum of one (1) calendar year. Supporting medical
documentation must accompany such requests for leave and be submitted
thirty(30) days prior to expiration date.
7.3.4 Except as provided in (2) above, no employee shall have accrued Sick
Leave deducted while on industrial leave. Vacation and Sick Leave shall
accrue for an employee on industrial leave.
7.3.5 Industrial leave shall expire when one of the following conditions occurs:
7.3.5.1 Employee is able to return to work to his regular position.
7.3.5.2 The day before the employee is retired or separated for disability.
The employee's "retirement date" shall be the first of the month
after all of the following occur and are determined by the Public
Employees' Retirement System:
7.3.5.3 The employee's condition is determined to be permanent or of an
extended duration.
7.3.5.4 The degree of disability precludes continued employment by the
employee in his/her present position.
7.3.5.5 After fifty-two (52)weeks of industrial disability payments.
7.3.6 Physicians may be assigned in compliance with the Health and Safety
Code and the Workers' Compensation Laws of the State of California
(Ref.: Section 4600 - Labor Code.)
7.4. Personal Leave
Thirty(30) hours Personal Leave may be taken by employee. Personal Leave is to be
distinguished from Personal Business Leave in that it does not have particular
requirements for its use and is not deducted from the employee's Sick Leave balance. An
Employee Leave Request must be approved by the appropriate department head prior to
the use of Personal Leave and such leave may not be carried over into the next fiscal year
or cashed in if it is not used. Personal Leave shall be granted with due regard for the
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 15 of 30
• employee's wishes and the operational needs of the department. This Personal Leave is
also to be considered similar to Vacation Leave in that an open shift can be filled with
overtime coverage. This provision shall be applicable to fulltime regular employees
hired as a peace officer on or before July 31, 2004.
7.5. Sick Leave
Sick Leave shall not be construed as a right which an employee may use at his or her
discretion, but shall be allowed only in case of necessity or actual sickness or disability.
The Finance Depaitarent will analyze and report to the employees the amount of Sick
Leave earned, less the amount used, and the net accrued during the calendar year.
7.5.1. Sick Leave During Probation
Sick Leave may be taken during the probationary period but only in such amount
as the employee would have earned if on permanent status. If the employee does
not become permanent, all paid Sick Leave must be reimbursed to the City at the
time of termination of employment or it shall be deducted from the employee's
final paycheck.
7.5.2. Reasons for Use of Sick Leave
Sick Leave shall be granted for the following reasons:
7.5.2.1 Personal illness or physical incapacity that is not the result of an
industrial injury or illness.
7.5.2.2 Up to 12 days per year for the illness of a member of the
employee's immediate family(father, mother, sister or brother), or
members of the employee's household (husband, wife, and
children) that require the employee's personal care and attention.
Additional time,up to 12 weeks, could be approved by the
department head when treatment for an illness, injury or condition
which may be expected to be of long duration, has no reasonably
predictable date of termination and requires continuous or
intermittent care by the employee.
7.5.2.3 Enforced quarantine of the employee in accordance with Health
Department regulations.
7.5.2.4 Medical, dental, and optical appointments.
7.5.2.5 Personal Business not to exceed a maximum of thirty(30)hours
during any one(1) year. Personal Business means those items of
personal business that can only be taken care of during regular
RMK/dif#147297 v2-Azusa MOU-REVISED Sept 23 Page 16 of 30
working hours of the employee. Personal Business Leave shall be
approved or disapproved by the department head in accordance
with this section. Departments are to use the earning code PB for
this purpose. Personal Business shall be debited against the
employee's Sick Leave balance but Sick Leave taken as Personal
Business Leave shall not be taken into consideration for the
purposes of the Sick Leave Cash-In program or with regard to
employee performance evaluations. Employee shall give as much
advance notice as reasonably possible when requesting Personal
Business Leave.
7.5.2.6 In the foregoing circumstances, Sick Leave must be exhausted
before compensatory time off or Vacation Leave may be converted
to Sick Leave.
7.5.3. Restrictions on Sick Leave
7.5.3.1 Disability arising from any sickness or injury purposely self-
inflicted.
7.5.3.2 Sickness or disability sustained while on leave of absence, other
than regular Vacation Leave leave.
7.5.3.3 Disability or illness arising from compensated employment other
than with the City.
7.5.4. Accrual and Use
Sick Leave with pay shall accrue to employees at the rate of ten hours per
month for each calendar month of paid employment, with unlimited
accumulation. Sick Leave shall not be taken in units of less than one-half
hour.
7.5.5. Sick Leave Donation Policy
Employees shall be eligible for sick leave donation from co-workers in
accordance with the City's policy.
7.5.6. Sick Leave During Vacation
If an employee becomes ill or injured while on vacation, he or she may, by
completing an Employee Leave Request Form , use accrued Sick Leave
time in lieu of vacation time for the period of disability.
7.5.7. One-Fourth Conversion
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 17 of 30
If the employee has used more than three,but not more than six days of
Sick Leave, excluding tim e spent on personal business or bereavement, he
or she would have the following options:
7.5.7.1 Carry over the accrual and add it to his or her Sick Leave balance.
7.5.7.2 Convert, only to the extent that his/her balance is more than zero at
the beginning of the new year, one-fourth of the accrual to
Vacation or convert one-fourth to cash(but no combination of
these two); unused,unconverted leave would then be added to the
employee's Sick Leave balance.
7.5.8. One-Third Conversion
If the employee has used no more than three days of Sick Leave,
excluding time spent on personal business or bereavement, he or she
would have the following options:
7.5.8.1 Carry over the accrual and add it to his or her Sick Leave balance.
7.5.8.2 Convert, only to the extent that his/her balance is more than zero at
the beginning of the new year, one-third of the accrual to Vacation
or convert one-third of it to cash(but no combination of these
two); unused or unconverted leave would then be added to the
employee's Sick Leave balance.
7.5.9. Conversion Deadline
A decision to convert Sick Leave according to the policies stated shall be
made by March 31.
•
the employee's estate may receive fifty percent(50%)of his or her accrued
Sick Leave balance in cash.
Upon disability retirement with at least five(5) years of service with the
City of Azusa, the employee may convert fifty percent (50%) of his or her
accrued Sick Leave balance to cash.
Upon voluntary separation with less than ten(10) cumulative years of
sworn safety service with the City of Azusa Police Department, the
employee may convert fifty percent(50%) of his or her accrued Sick
Leave balance to cash for hours in excess of three hundred twenty(320)
hours to a maximum payment of two hundred forty(240)hours.
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 18 of 30
Upon voluntary retirement with at lea -- e . , --
Leave balance to cash.
Upon voluntary separation with at least ten(10) cumulative years of sworn
safety service with the City of Azusa Police Department, the employee
may convert fifty percent (50%)of his or her accrued Sick Leave balance
to cash.
of sworn safety service with the City of Azusa Police Department, the
employee may convert one hundred percent (100%) of his or her accrued
Sick Leave balance to cash.
7.5.110. Conversion to Service Credit Upon Retirement
Pursuant to Government Code Section 20965 and the terms of the City's
contract, as amended, with the Public Employees' Retirement System,
upon voluntary retirement the employee may convert 100% of his or her
accrued Sick Leave balance, less any amount converted to cash under the
provisions of Section 6.5.10., to retirement service credit.
7.5.11. Maximum Sick Leave Accruals
Sick leave shall not be accrued in excess of 240 hours. Those employees
who at the inception of this Agreement the City impasse resolution have
already accumulated in excess of 240 hours, shall accrue no additional
sick leave unless or until the use or other distribution of said sick leave
hours causes the accumulation to be less than 240 hours. Thereafter, no
accrual shall exceed 240 hours.
7.6. Vacation Leave
7.6.1. Required Usage and Carryover
Vacation Leave will be credited on a "pay-per-period" basis. Employees
shall be required to use one half(1/2) of their annual Vacation accrual
yearly and shall be able to carry over one half('h) of one year's Vacation
accrual from one year to the next, cumulatively, up to a maximum of 320
hours. fifty two (52)times the then current pay period rate of vacation
accrual. Existing balances over the limit shall be paid off during the term
of this Memorandum of Understanding,based on a payoff schedule
determined by the employee. Such excess vacation accrual may also be
taken as time off if approved by management. Effective 8 1 2000,
RMK/dif#147297 v2-Azusa MOU-REVISED Sept 23 Page 19 of 30
employee with more than the maximum amount will not continue to
accrue additional Vacation Leave,but will receive cash each pay period in
lieu of Vacation Leave until balance falls below maximum time allowed.
Employee may direct payoff to deferred compensation within the legal
limits.
7.6.2. Accrual
Vacation Leave shall accrue as follows:
Through the 4th year of employment 90 hours per year
Through the 5th year of employment 120 hours per year
Through the 6th year of employment 128 hours per year
Through the 7th year of employment 136 hours per year
Through the 8th year of employment 144 hours per year
Through the 9th year of employment 152 hours per year
Through the 10th year of employment 160 hours per year
Through the 11th year of employment 168 hours per year
Through the 12th year of employment 176 hours per year
Through the 13th year of employment 184 hours per year
Through the 14th year of employment 192 hours per year
Through the 15th year of employment 200 hours per year
Through the 16th year of employment 218 hours per year
In addition to the above, sworn shift personnel shall accrue forty(40) additional hours per
year in lieu of holidays. Vacation leave shall not be accrued in excess of 320 hours.
Those employees who at the inception of this Agreement the City impasse resolution
have already accumulated in excess of 320 hours, shall accrue no additional vacation
leave unless or until their use or other distribution of said vacation leave hours causes the
accumulation to he less than 320 hours. Thereafter,no accrual shall exceed 320 hours.
An employee having accrued the maximum hours set forth herein, shall not earn cash in
lieu of time. continue to earn the cash value of excess hours. The cash value shall be
distributed monthly.
8. CLOTHING DAMAGE REIMBURSEMENT
If, in the course of business, an office employee's personal clothing or effects are
accidentally damaged or destroyed, the employee may submit a claim for reimbursement
up to one hundred dollars ($100) to the City's Safety Committee. The committee shall
have the authority to investigate the claim and recommend to the City Manager, or his
designee, to pay the full amount of the claim, deny the claim, or apportion the claim
based on normal wear and tear of the item and/or the extent of the employee's negligence
in following proper safety procedures. It is expressly understood that stockings and socks
are exempt from this procedure. It is further expressly understood that prescription eye
glasses or contact lenses and hearing aid devices are exempt from the one hundred dollar
($100) limit.
RMK/dif#147297 v2-Azusa MOU-REVISED Sept 23 Page 20 of 30
9. CS_. _ e - - .."1., 1$4
9.1. The Computer and Home Exercise Equipment Loan Plan described below
shall be made available to full time regular employees. Eligibility is
limited to employees who have completed their initial probation period
with the City.
9.2. The equipment configuration shall be appropriate to the employee's
position and career with the City.
9.3. It is the employee's responsibility to negotiate the price for the equipment
and to bring a copy of the order/quote to the City for approval prior to
purchase.
S
interest free basis. Loan payments must be by payroll deduction. Each
loan payment period shall not exceed two years and the aggregate value of
. .., a - -
to receive a loan under the Plan for equipment upgrades for purchase of
owns the remaining components required to constitute a computer system.
9.5. Any remaining loan balance must be paid in full at time of separation of
last paycheck. In the event an outstanding;balance remains, the employee
is responsible for making payment arrangements. The failure to make full
payment will obligate the employee to pay the City's attorneys fees in any
restitution process.
10. DISABILITY INSURANCE (SHORT/LONG TERM)
10.1. The City shall maintain in effect for the term of this agreement a disability
plan covering employees set forth herein. Said plan shall provide an
employee with a maximum of two-thirds (b) of his/her base salary. An
employee may utilize his/her accrued Sick Leave, Vacation Leave and/or
compensatory time to supplement the disability insurance payment so as to
receive 100% of his/her base salary. The plan includes the following:
10.1.1. Provides 66.67% of the employee's monthly salary;
10.1.2. Commences after a 30 calendar day waiting period and provides a
benefit to age 65;
RMKldif#147297 v2-Azusa MOU-REVISED Sept 23 Page 21 of 30
10.2. For the first 30 days of non job related illness or injury, the employee will
use accrued Sick Leave, compensatory time or Vacation Leave;
The employee will be allowed to use accrued Sick Leave in conjunction
with the disability plan to provide for a full pay check;
At no time will an employee receive more than 100% of his or her base
pay;
10.2.1. The premium will be added to the employee's gross pay and
deducted from the net pay so as to make the benefits exempt from
further taxation.
11. EMPLOYEE ASSISTANCE PLAN
Association employees will be eligible for the City's Employee Assistance Plan.
12. FLEXIBLE BENEFIT PLAN
12.1. Definition
Effective August 1, 1993, the City's existing Cafeteria Benefit Plan(CBP)
was converted to an IRS Section 125 Flexible Benefit Plan(FBP)
administered by either the City or its designee.
12.2. Amount of Monthly Benefit
Effective August 1, 2000, the City will maintain the Flexible Benefit Plan
at seven hundred and thirty one dollars ($731)per month for each
employee. This plan can be used by the employee to pay, to the extent
available, for qualified benefits as determined by the IRS. The employee
understands that, in the event the total premiums and/or expenses for
qualified benefits selected by him/her exceed the amount of the FBP, the
excess shall be deducted from pre-tax wages of the employee.
12.2.1. Yearly Increase
Effective January 1, 2002, the City will increase the Flexible Plan
contribution in an amount equal to the March to March change in
the Consumer Price Index (as measured by the Los Angeles -
Riverside-Orange County CA, CPI-U, All items) to a maximum of
4%.
Effective January 1, 2003, the City will increase the Flexible Plan
contribution in an amount equal to the March to March change in
the Consumer Price Index (as measured by the Los Angeles -
RMK/dif#147297 v2-Azusa MOU-REVISED Sept 23 Page 22 of 30
Riverside-Orange County CA, CPI-U, All items) to a maximum of
4%.
Effective January 1, 2004, the City will increase the Flexible Plan
contribution in an amount equal to the March to March change in
the Consumer Price Index (as measured by the Los Angeles -
Riverside-Orange County CA, CPI-U, All items) to a maximum of
4%.
12.3. Eligibility
In order for an employee to be eligible for the FBP in any given month,
he/she must be on payroll on the first work day(excluding recognized paid
City holidays) of that month.
A new employee will be eligible for the full FBP applicable to his/her
bargaining unit if he/she begins work on the first work day(excluding
recognized paid City holidays) of the month. An employee whose date of
hire is on the second work day(excluding recognized paid City holidays)
of the month or thereafter will not be eligible for the FBP for that month.
If an employee does not meet the qualifying work time in any given
month, arrangements must be made with the Finance Department to
reimburse the City for any benefits that have already been paid out on the
employee's behalf for that month. The Finance Department will notify the
employee if he/she has not met the qualifying work time for eligibility for
the FBP.
12.4. Termination
The City will not be responsible for payment of any qualified benefits on
behalf of the employee following the month of termination. If an
employee represented by the Association wishes to continue his/her
qualified benefits, advance payment for such qualified benefits will be
deducted from the employee's final pay.
13. LIFE INSURANCE
The City shall provide group life insurance to all Association members in an amount of
coverage one times the member's annual earnings.
14. OUTSIDE EMPLOYMENT
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 23 of 30
Outside employment will be permitted, provided that the outside employment is
consistent with moral & ethical guidelines established by the Chief of Police and the
Association and that the employee,prior to accepting outside employment, signs an
agreement, which:
14.1 Acknowledges that said employment is outside the course and scope of the
employee's employment with the City of Azusa and that said employment
is not for the benefit of the City of Azusa; and
14.2 Releases, indemnifies, and holds the City of Azusa, its agents and
employees harmless for any liability, whatsoever, arising out of said
employment, including but not limited to, injury or damage to the
employee, and
14.3 Acknowledges that the City will have no responsibility or obligation,
whatsoever, to provide a legal defense as a result of any outside
employment engaged in by employee.
15. PHYSICAL EXAMINATIONS
The City will continue to provide annual physical examinations, for all sworn officers, on
a voluntary basis.
16. RETIREMENT
The City shall amend its retirement contract with the California Public Employees
Retirement System (CaIPERS) to provide for the "3% @ 50" formula effective no later
than 6-30-2001 and shall continue the highest level of the 1959 survivor benefit. The City
shall continue to pay both the "employee" and "employer" share of the cost. If the City's
rate for providing the 3% @ 50 benefit is decreased by CaIPERS, the City agrees to
reopen discussions with APOA over any savings realized by the City; provided, however,
the City is under no obligation, whatsoever, to grant an increase in wages or benefits as
the result of reopening under this section.
16.1 Optional Benefits
16.1.1 The City's contract with CaIPERS includes the additional benefit
of Service Credit for Unused Sick Leave.
16.1.2 The City's contract with Ca1PERS includes participation in the
two-year Golden Handshake program as authorized by the State
Legislature. The availability of this benefit shall be within the
discretion of the City Council.
RMK/dif#147297 v2-Azusa MOU-REVISED Sept 23 Page 24 of 30
16.1.3 The City's contract with the CaIPERS includes the Employer-Paid
Member Contribution in base pay during the final compensation
period.
16.1.4 CaIPERS Service Credit for Military Service
The CaIPERS Military Service Credit Purchase Assistance Plan
described below shall be made available to full time regular
employees who have on or before July 31,2001 completed their
initial probation period with the City, :-: . - - ' -
by the City as a sworn safety officer.
The City's contract with CaIPERS includes the provisions of
Section 21024, Military Service Credit as Public Service. Eligible
employees with qualifying military service can contact CaIPERS
and arrange to be billed for the service credit (CaIPERS' estimate is
$5,000 per year of service). The City shall reimburse the employee
for 25% of the amount of the bill.
If desired, the employee may apply for a loan from the City for the
remaining 75%. The employee shall apply for the loan on a City-
provided loan application. If the employee qualifies, the City will
fund the loan on an interest-free basis. Loan payments must be by
payroll deduction. Each loan payment period shall not exceed six
years. The City may require collateral.
Any remaining loan balance must be paid in full at the time of
separation of employment. Payment will be made directly and/or
by deduction from the last paycheck. In the event an outstanding
balance remains, the employee is responsible for making payment
arrangements. The failure to make full payment will obligate the
employee to pay the City's attorneys fees in any restitution process.
16.2. CaIPERS Retirement Planning Seminar
Employees who are in their "final compensation period" for CaIPERS
purposes shall be allowed to attend one nearby CaIPERS retirement
planning/information seminar at City expense and on City time. Such
attendance shall be considered to be a training expense chargeable to the
employee's "home" division.
16.3. Health Insurance During Retirement
Beginning with the first month after retirement, for Association employees
who, at the time of retirement from the City of Azusa, have attained the
age of fifty(50) and have at least twenty(20) cumulative years of sworn
RMK/dif#147297 v2-Azusa MOU-REVISED Sept 23 Page 25 of 30
safety service with the City of Azusa Police Department, the City will pay
until the employee passes away, an amount equal to the single-coverage
premium in the employee's comprehensive health insurance plan. The
amount of the City's contribution shall vary, up or down, depending upon
the employee's choice of health insurance carrier and its periodic changes
in its rates. The minimum contribution that the City pays directly to
Ca1PERS shall be considered to be part of the portion paid by the City. If a
retired employee maintains health insurance other than a Ca1PERS plan,
the maximum amount the City will pay for the insurance premium will not
exceed the single premium for the PERS Care plan. This benefit shall be
applicable only to those employees initially hired as a City sworn safety
member on or before July 31, 2004. However, no eligible employee
retiring on or after August 1, 2004, shall receive City paid premiums in
the effective date of retirement. Notwithstanding the language in this
Section 16.3, employees initially hired as a City-sworn safety officer on
and after August 1, 2004, shall be eligible for this benefit, subject to the
limitation that the amount of City-paid insurance premium made available
to such an employee upon retirement, shall not exceed the amount of the
single premium for the PERS care plan, as that amount existed on the
effective date of retirement of those employees hired on and after August
1, 2004 as City-sworn safety members.
17. SAFETY EQUIPMENT
The City will provide safety equipment for new employees and will replace worn safety
equipment for current sworn employees as required by the department head.
18. TUITION REIMBURSEMENT
18.1. Objective
The tuition reimbursement program is designed to encourage employees to
continue their self-development by enrolling in approved classroom
courses which will:
18.1.1. Educate them in new concepts and methods in their occupational
field and prepare them to meet the changing demands of their job.
18.1.2. Help prepare them for advancement to positions of greater
responsibility in the City of Azusa.
18.2. Eligibility
18.2.1. All regularly appointed employees are eligible to receive tuition
reimbursement. Courses must commence after appointment and be
RMK/dif#147297 v2-Azusa MOU—REVISED Sept 23 Page 26 of 30
in excess of the educational standards for the position. An example
of this would be job-related college or university courses when the
specification for the classification calls for high school graduation.
18.2.2. Courses must be (except where noted below in paragraphs 12.3.3.
and 12.3.4.)traditional classroom courses taken at colleges or
universities and approved by the Western Association of Schools
and Colleges or approved mail correspondence or internet courses.
Distance learning classes offered by such colleges and universities
shall be covered by this provision Credits given for non-classroom
assignments such as life experience,military training, and
professional training are not reimbursable.
18.2.3. Coursework must be related to the employee's current occupation
or to a City classification to which the employee may reasonably
expect promotion within the next five years.
18.3. Courses may be eligible if they:
18.3.1. Are above the educational requirements of the position as noted in
the position specification and are not taken to acquire skills,
knowledge and abilities which the employee was deemed to have
when appointed the position.
18.3.2. Do not duplicate training which the employee has already had or
which is to be provided in-house.
18.3.3. Do not duplicate previously taken courses unless special approval
has been granted by the department head and the Human
Resources Division.
18.3.4. Are required for the completion of the pre-approved job-related
major. An example would be general education or elective
requirements for the major as stated in the school catalog.
Remedial courses or those taken as required for a non-approved
major shall not be eligible.
18.3.5. Include completed engineering review courses taken at accredited
institutions for which an academic grade or units of academic
credit are not given. These courses must prepare candidates for a
certificate, license or registration issued by the California Board of
Registration for Professional Engineers. The employee must
receive the certificate or license from this Board to be eligible for
RMK/dif#147297 v2-Azusa MOU-REVISED Sept 23 Page 27 of 30
ti
reimbursement, which will be granted for a maximum of 2 courses
per certificate, license or registration.
18.3.6. Lead to a City-approved certificate, license or registration.
Reimbursement may be made for any examination fees required to
successfully obtain the certificate, license or registration.
Reimbursement for eligible expenses will be made after obtaining
the license, certificate or registration.
18.3.7. Are not taken on City time and must be certified that they are taken
on the employee's off-duty time.
18.3.8. Are part of a bona-fide curriculum of the study of a foreign
language for which the City pays an incentive.
18.3.9. Have been approved by the Department Head and the City
Manager or his/her designee before commencement of the class.
18.4. Reimbursement
18.4.1. The City shall reimburse employees for tuition, registration fees
and texts required for the eligible courses. Expenses for parking,
travel,meals,processing fees, transcript fees,materials and any
other costs are not reimbursable.
18.4.2. Employees shall he reimbursed up to the dollar amount charged for
system.Reimbursement shall not exceed$3,000.00 per fiscal year.
18.4.3. In order to be reviewed, each application must state exactly which
units or credits the employee is applying for and whether the
courses submitted are core courses or recommended electives for
the approved major.
18.4.4. Reimbursement shall be made upon completion of the course with
a minimum final grade of"C" or its equivalent, i.e., a pass in a
pass/fail course will be considered equivalent to a "C." No
reimbursement shall be made for audited or incomplete courses.
18.4.5. Employees must submit from the attendant institution an original
certification of fees paid and grade achieved in order to have their
application considered for reimbursement. These documents must
accompany the reimbursement application form in order to be
processed.
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 28 of 30
18.4.6. Application for reimbursement must be submitted within three
months of the completion of the approved course in order to be
considered for reimbursement.
18.4.7 Upon separation from employment, employees shall be required to
reimburse the City for any funds received under this program for
courses completed during the last 24 months of employment. This
payback provision does not apply to employees laid off by the City
or who separate as a result of a City/departmental reorganization.
19. POLICIES
Family Leave, Pregnancy Disability, Attendance, Reasonable Suspicion and Sick Leave
Donation Policies will be discussed further in ad hoc committee consisting of
management representatives and a representative of each employee organization.
20. APOA Notification of Solicitations
Not less than fourteen (14) calendar days prior to the APOA participation in any public
solicitation of funds for APOA activities, the APOA shall provide the Department with
written notice describing the: 1) dates of the solicitation and 2)the purpose of the
solicitation. The purpose of eliciting such information from the APOA is to provide the
Department with the ability to appropriately address public inquiries which regularly
accompany such solicitations, and which often reflect a confusion by the public as to
whether or not the Department as an entity or the APOA. as a Union, is doing the
solicitation. The information received from the APOA shall he utilized to address public
inquiries and to direct the caller to the APOA, where appropriate.
21, Work Stoppages
At no time during the term ofd any MOU or following its expiration, shall the APOA.
its officers, agents,representatives or members promote, condone,participate in,
orchestrate or otherwise facilitate work stoppages, including,but not limited to: "sick
outs" (misuse of sick leave), strikes, and/or"slowdowns" (sometimes euphemistically
referred to as"professionalization" campaigns), whereby inappropriate and inordinate
amounts of time are taken to perform tasks that are reaulariv and safely performed in a
more expeditious manner.
The APOA and./or its officers, agents and representatives shall cause any such
unauthorized activity to immediately crease.
22. Grievance Procedure
RMK/dlf#147297 v2-Azusa MOU-REVISED Sept 23 Page 29 of 30
The City/Department mandated grievance review procedure shall not be utilized
regarding challenges to any aspect of a promotional process or any aspect of an annual or
more frequent evaluation process.
23. Compensated Time Off for Performance of APOA Functions
Subject to authorization by a manager of Lieutenant classification or higher, the
following rules shall apply to APOA Board Member use of City-paid time for APOA-
related activities:
1. Each duly appointed APOA Board member shall be provided use
of one (1)paid hour for each eighty(80) hour pay period. Such
time shall be listed by the Board member on the bi-weekly pay
sheet.
2. In addition to the one(1)hour set forth above, duly designated
APOA Board members may utilize two (2)hours of compensated
time directly related to the process of negotiating a successor to a
memorandum of understanding. (This right shall be in addition to
any rights applicable pursuant to Government Code § 3505.3.)
3. Time not used. shall not accumulate (i.e., failure to use the one(1)
paid hour described above in a particular pay period does not allow
for use of two (2) hours in a subsequent pay period).
In addition to the above provisions for compensated time regarding APOA activities, any
duly designated Board member or APOA member in general may engage in APOA-
related activities during scheduled hours of work, without compensation, but only with
prior written approval opnanagementa manager as defined above. The employee's
biweekly pay sheet shall reflect such uncompensated time off or usage of accumulated
leave time (i.e. vacation, compensatory time off) if the employee elects to utilize such
leave time.
24. Employer-Employee Relations Resolution
Having met and conferred in good faith, the parties approve adoption and implementation
by the City of The EMPLOYER-EMPLOYEE RELATIONS RESOLUTION, attached
hereto as Exhibit I, and incorporated herein by reference as though fully set forth, is
adopted as part of the City impasse resolution,
RMK/dif#147297 v2-Azusa MOU-REVISED Sept 23 Page 30 of 30
RESOLUTION NO.
A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF AZUSA
ESTABLISHING RULES AND REGULATIONS RELATING
TO EMPLOYER-EMPLOYEE RELATIONS
WHEREAS, the Meyers-Milias-Brown Act (California Government Code
Sections 3500 et sec.) has enacted for the purpose of promoting improved employer-employee
relations between public employers and their employees by establishing uniform and orderly
methods of communication between employees and the public agencies by which they are
employed; and
WHEREAS, Government Code Section 3507 empowers a municipal corporation
to adopt reasonable rules and regulations for the administration of employee relations; and
WHEREAS, the City Council of the City of Azusa desires to adopt such
reasonable rules and regulations as authorized by law;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Azusa hereby adopts the following rules and regulations:
OUTLINE OF CONTENTS
SECTION 1. TITLE OF RESOLUTION 2
SECTION 2. PURPOSE OF RULES & REGULATIONS 3
SECTION 3. DEFINITIONS 3
SECTION 4. EMPLOYEE RIGHTS 5
SECTION 5. ADVANCE NOTICE 5
#138925 Page 1 of 18
SECTION 6. FILING OF RECOGNITION PETITION BY EMPLOYEE
ORGANIZATION 7
SECTION 7. CITY RESPONSE TO RECOGNITION PETITION 7
SECTION 8. OPEN PERIOD FOR FILING CHALLENGING PETITION 8
SECTION 9. ELECTION PROCEDURE 9
SECTION 10. POLICY AND STANDARDS FOR DETERMINATION OF
APPROPRIATE UNITS 10
SECTION 11. PROCEDURE FOR DECERTIFICATION OF AN EXCLUSIVELY
RECOGNIZED EMPLOYEE ORGANIZATION 11
SECTION 12. PROCEDURE FOR MODIFICATION OF ESTABLISHED
APPROPRIATE UNITS 13
SECTION 13. APPEALS 14
SECTION 14. SUBMISSION OF CURRENT INFORMATION BY AN
EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION 14
SECTION 15. EMPLOYEE ORGANIZATION ACTIVITIES --USE OF
CITY FACILITIES 15
SECTION 16. ADMINISTRATIVE RULES AND PROCEDURES 15
SECTION 17. INITIATION OF IMPASSE PROCEDURES 15
SECTION 18. IMPASSE PROCEDURES 16
SECTION 19. COSTS OF IMPASSE PROCEDURES 16
SECTION 20. CONSTRUCTION 16
SECTION 21. SEVERABILITY 17
#138925 Page 2 of 18
Section 1. Title of Resolution. This Resolution shall be known as the Employer-
Employee Relations Resolution of the City of Azusa("City").
Section 2. Purpose of Rules and Regulations. The purpose of these rules and
regulations is to provide orderly procedures for the administration of employer-employee
relations between the City and its employees and employee organizations representing City
employees, and for resolving disputes regarding wages, hours and other terms and conditions of
employment.
Section 3. Definitions. Definitions found in Government Code Section 3501
shall be applicable to these rules and regulations. For purposes of these rules and regulations, the
following definitions, in addition to those specified above, shall be applicable:
(a) CITY: shall mean the City of Azusa;
(b) CITY COUNCIL: shall mean the City Council of the City of
Azusa;
(c) MEET AND CONFER IN GOOD FAITH: means performance by
duly authorized City representatives and duly authorized representatives of an exclusively
recognized employee organization of their mutual obligation to meet at reasonable times and to
confer in good faith regarding matters within the scope of representation, including wages, hours,
and other terms and conditions of employment, in an effort to reach agreement on those matters.
This does not require either party to agree to a proposal or to make a concession;
(d) CITY MANAGER: shall mean the City Manager of the City of
Azusa;
#138925 Page 3 of 18
(e) MANAGEMENT EMPLOYEE: any employee having
responsibility for formulating, administering or managing the implementation of City policies or
programs;
(f) SUPERVISORY EMPLOYEE: any employee having authority in
the interest of the City to do any one of the following: hire, transfer, suspend, lay off, recall,
promote, demote, discharge, assign, reward, or discipline other employees, or responsibly to
direct them, or to adjust their grievances, or effectively to recommend any such action, if in
connection with the foregoing the exercise of such authority is not of a merely routine or clerical
nature, but requires the use of independent judgment. Sworn employees below the rank of
Sergeant shall not be deemed as supervisors.;
(g) CONFIDENTIAL EMPLOYEES: any employee who, in the
course of his or her duties, has access to information relating to the City's administration of
employer-employee relations;
(h) PROFESSIONAL EMPLOYEES: any employee engaged in work
requiring specialized knowledge and skills attained through completion of a recognized course of
instruction;
(i) EXCLUSIVELY RECOGNIZED EMPLOYEE
ORGANIZATION: an employee organization which has been formally acknowledged by the
City as the employee organization that represents a majority of the employees in an appropriate
representation unit pursuant to the provisions of this Resolution. Only the Exclusively
Recognized Employee Organization in an appropriate unit may meet and confer with the City on
matters within the scope of representation. Employee organizations currently recognized by the
#138925 Page 4 of 18
City on the effective date of this Resolution are deemed the Exclusively Recognized Employee
Organization in the unit in which they are recognized;
(j) IMPASSE: a deadlock in discussions between the City and an
Exclusively Recognized Employee Organization over any matters concerning which they are
required to meet and confer in good faith wherein the differences remain so substantive and
prolonged that further meeting and conferring is not likely to produce an agreement;
(k) DAYS: means "calendar days"unless otherwise stated;
(1) EMPLOYEE RELATIONS OFFICER: means the City Manager
or his or her duly authorized representative; and
(m) PROOF OF EMPLOYEE SUPPORT: (1) an authorization card
recently signed and dated by an employee, or (2) an authorization petition or petitions recently
signed and dated by each employee whose name appears thereon. The only authorization which
shall be considered as proof of employee support hereunder shall be the authorization last signed
by an employee. The words "recently signed" shall mean within one hundred twenty days prior
to the filing of a petition.
Section 4. Employee Rights.
(a) Except as otherwise provided by law or by these rules and
regulations, employees of the City shall have the right to form, join and participate in the
activities of an employee organization of their own choosing for the purpose of representation in
matters of employer- employee relations. City employees also have the right to refuse to join or
participate in the activities of the employee organization. No employee shall be interfered with,
intimidated, restrained, coerced or discriminated against by the City or by an employee
organization because of his or her exercise of these rights.
#138925 Page 5 of 18
Section 5. Advance Notice. Reasonable written notice shall be given to an
Exclusively Recognized Employee Organization affected by any ordinance, rule, resolution or
regulation directly substantially relating to matters within the scope of representation (but not
regarding fundamental policy decisions) proposed to be adopted by the City Council or City
representatives, and such organization shall be given the opportunity to meet with the City
Council or its representative prior to adoption.
In cases of emergency when the City determines that an ordinance, rule,
resolution or regulation must be adopted immediately, without prior notice or meeting with the
Exclusively Recognized Employee Organization or majority representative, the City shall
provide such notice and opportunity to meet at the earliest practicable time following the
adoption of such ordinance, rule, regulation or resolution.
Section 6. Filing of Recognition Petition by Employee Organization. An
employee organization that seeks to be formally acknowledged as the Exclusively Recognized
Employee Organization representing the employees in an appropriate unit shall file a
Recognition Petition with the Employee Relations Officer containing the following information
and documentation:
(a) Name and address of the employee organization;
(b) Names and title of its officers;
(c) Names of employee organization representatives who are
authorized to speak on behalf of the organization;
(d) A statement that the employee organization has as its primary
purpose or one of its primary purposes, representing employees in their employment relations
with the City;
#138925 Page 6 of 18
(e) A designation of an officer of the employee organization and his or
her addresses,to whom notice sent by regular United States mail will be deemed sufficient notice
to the employee organization for any purpose;
(f) A statement that the employee organization has no restriction on
membership based on race, color, creed, sex, national origin, physical handicap or other unlawful
criteria;
(g) The job classifications or titles of employees in the unit claimed to
be appropriate;
(h) A statement that the employee organization has in its possession
proof of employee support as herein defined to establish that a majority of the employees in the
unit claimed to be appropriate have designated the employee organization to represent them in
their employment relations with the City. Such written proof shall be submitted for confirmation
to the Employee Relations Officer; provided, however, the Employee Relations Officer may
elect to refuse receipt of said proof, in which case, said proof shall be submitted to the California
Mediation and Conciliation Service or other impartial party for confirmation in accordance with
the terms of this Resolution; and
(i) A request that the Employee Relations Officer formally
acknowledge the petitioner as the Exclusively Recognized Employee Organization representing
the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in
good faith.
This Petition, including proof of employee support and all accompanying
documentation, shall be declared to be true, correct and complete, under penalty of perjury, by
the duly authorized officer(s) of the employee organization executing it.
Section 7. City Response to Recognition Petition. Upon receipt of the
petition, the Employee Relations Officer shall determine whether:
#138925 Page 7 of 18
(a) There has been compliance with the requirements of the
Recognition Petition; and
(b) The proposed representation unit is an appropriate unit in
accordance with Section 11.
If an affirmative determination is made by the Employee Relations Officer on the
foregoing two matters, he shall so inform the petitioning employee organization, shall give
written notice of such request for recognition to the employees in the unit and shall take no
action on said request for fourteen days thereafter. If either of the foregoing matters are not
affirmatively determined, the Employee Relations Officer shall inform the petitioning employee
organization of the reasons therefore in writing. The petitioning employee organization may
appeal such determination in accordance with Section 143.
Section 8. Open Period for Filing Challenging Petition. Within twenty-one days
of the date written notice was given to affected employees that a valid Recognition Petition for
an appropriate unit has been filed, any other employee organization may file a competing request
to be formally acknowledged as the Exclusively Recognized Employee Organization of the
employees in the same or in an overlapping unit (one which corresponds with respect to some
but not all the classifications or positions set forth in the Recognition Petition being challenged),
by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of
at least thirty percent and otherwise in the same form and manner as set forth in Section 7. If
such challenging petition seeks establishment of an overlapping unit, the Employee Relations
Officer shall call a meeting on such overlapping petitions for the purpose of ascertaining the
more appropriate unit, at which time the petitioning employee organizations may be heard. Said
meeting shall be held within fourteen days of the end of the twenty-one day period referred to
#138925 Page 8 of 18
above. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units
in accordance with the standards of Section 11. The petitioning employee organizations shall
have seven days from the date notice of such unit determination is communicated to them by the
Employee Relations Officer to amend their petitions to conform to such determination or to
appeal such determination pursuant to Section 143.
Section 9. Election Procedure. The Employee Relations Officer shall determine
the Exclusively Recognized Employee Organization in an appropriate unit by arranging for a
secret ballot election, or, in his discretion, by any other reasonable method which is based upon
written proof and is designed to ascertain the free choice of a majority of the employees in the
appropriate unit.
If the Employee Relations Officer elects to arrange a secret ballot election to
determine the Exclusively Recognized Employee Organization, he shall arrange for said election
to be conducted by the California Mediation and Conciliation Service, or other impartial party,
subject to the provisions of this Resolution. The election shall be held within thirty days of the
date that an appropriate unit has been determined pursuant to a Recognition Petition or, if
applicable, a Challenging Petition. All employee organizations who have duly submitted
petitions which have been determined to be in conformance with this Resolution shall be
included on the ballot. The choice of self-representation by the employee shall also be included
on the ballot.
Employees entitled to vote in such election shall be those persons employed in
positions within the designated appropriate unit on the date of the election and who were
employed during the pay period which ended immediately prior to the date which is at least
#138925 Page 9 of 18
fifteen days before the date the election commences, including those who did not work during
such period because of illness, vacation or other authorized leaves of absence.
An employee organization shall be formally acknowledged as the Exclusively
Recognized Employee Organization for the designated appropriate unit following an election or
run-off election if it received a numerical majority of all valid votes cast in the election; provided
at least a majority of the employees in the designated appropriate unit that are eligible to vote, in
fact, cast a valid ballot in the election. In an election involving three or more choices, where
none of the choices receives a majority of the valid votes cast, a run-off election shall be
conducted between the two choices receiving the largest number of valid votes cast. The rules
governing an initial election will be applicable to a run-off election.
There shall be no more than one election (including run-off elections as
necessary)under this Resolution in a twelve-month period in the same unit.
Costs of conducting elections, if any, shall be borne in equal shares by the City
and by each employee organization appearing on the ballot.
Section 10. Policy and Standards for Determination of Appropriate Units. The
policy objectives to be served in determining the appropriateness of units shall be (a)the effect
of a proposed unit on the operations of the City, (b)the compatibility of a proposed unit with the
primary responsibility of the City and its employees to effectively and economically serve the
public, and (c)the provision to employees of effective representation based on a recognized
community of interest. Among the factors to be considered in determining community of
interest are:
(a) Similarity of the general kinds of work performed, types of
qualifications required, and the general working conditions.
#138925 Page 10 of 18
(b) History of representation in the City and similar employment,
except, however, that no unit shall be deemed to be an appropriate unit solely on the basis of the
extent to which employees in the proposed unit have organized.
(c) Consistency with the administrative organization of the City.
(d) Number of employees and classifications, and the effect on the
administration of employer-employee relations created by the fragmentation of classifications
and proliferation of units.
(e) Effect on the classification structure and impact on employer-
employee relations, as well as the employee's rights to self determination, of dividing single or
related classifications among two or more units.
Notwithstanding the foregoing provisions of this Section, management and
confidential employees shall not be included in any unit with non-management or non-
confidential employees, and shall be restricted from representing any employee organization
which represents other employees in the City on matters within the scope of representation.
Supervisory employees may only be included in a unit consisting solely of supervisory
employees. Professional employees may be represented in a separate unit.
The Employee Relations Officer shall, after notice to and consultation with
affected employee organizations, allocate new classifications or positions, delete eliminated
classifications or positions, and retain, reallocate or delete modified classifications or positions
from units in accordance with the provisions of this Section.
Section 11. Procedure for Decertification of an Exclusively Recognized
Employee Organization. A Decertification Petition alleging that the incumbent Exclusively
Recognized Employee Organization no longer represents a majority of the employees in an
#138925 Page 11 of 18
established appropriate unit may be filed with the Employee Relations Officer at any time
following the first full year of recognition. A Decertification Petition may be filed by an
employee, an employee representative, or an employee organization. A Decertification Petition
shall contain the following information and documentation, declared by the duly authorized
signatory, under penalty of perjury,to be true, correct and complete:
(a) The name, address and telephone number of the petitioner and if
petitioner is an employee organization, a designated representative authorized to receive notice
or requests for further information.
(b) The name of the established appropriate unit and the incumbent
Exclusively Recognized Employee Organization sought to be decertified as the representative of
that unit.
(c) An allegation that the incumbent Exclusively Recognized
Employee Organization no longer represents a majority of the employees in the appropriate unit,
and any other relevant and material facts relating thereto.
(d) Proof of employee support that at least thirty percent of the
employees in the established appropriate unit no longer desire to be represented by the
incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for
confirmation to the Employee Relations Officer along with the Decertification Petition,
provided, however, the Employee Relations Officer may elect to refuse receipt of said proof, in
which case, said proof shall be submitted to the California Mediation and Conciliation Service,
or other impartial party, for confirmation in accordance with this Resolution.
An employee organization may, in satisfaction of the Decertification Petition
requirements hereunder, file a petition under this Section in the form of a Recognition Petition
#138925 Page 12 of 18
that evidences proof of employee support of at least thirty percent and otherwise conforms to the
requirements of Section 7.
The Employee Relations Officer shall first determine whether the petition has
been filed in compliance with the applicable provisions of this Resolution. If his determination
is negative, he shall return such petition to the petitioner(s) with a statement of the reasons
therefore in writing. The petitioner(s) may appeal such determination in accordance with
Section 14. If the determination of the Employee Relations Officer is in the affirmative, or if his
negative determination is reversed on appeal, he shall give written notice of such Decertification
or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to
unit employees.
The Employee Relations Officer shall thereupon determine the wishes of unit
employees as to the question of decertification, and, if a Recognition Petition was duly filed
hereunder, the question of representation. Such determination shall be made in conformance
with Section 10.
Section 12. Procedure for Modification of Established Appropriate Units. An
employee or an employee organization may submit a petition for modification of established
appropriate units to the Employee Relations Officer. Such requests shall be submitted in the
form of a Recognition Petition, and, in addition to the requirements set forth in Section 7, shall
contain a complete statement of all relevant facts and citations in support of the proposed
modified unit in terms of the policies and standards set forth in Section 11 hereof. The
Employee Relations Officer shall process such petitions as Recognition Petitions under this
Resolution.
#138925 Page 13 of 18
• J
The Employee Relations Officer may, on his own motion, propose that an
established unit be modified. The Employee Relations Officer shall give written notice of the
proposed modification(s) to any affected employee organization and shall hold a meeting
concerning the proposed modification(s), at which time all affected employee organizations shall
be heard. Thereafter, the Employee Relations Officer shall determine the composition of the
appropriate unit or units in accordance with Section 11, and shall give written notice of such
determination to the affected employee organizations. The Employee Relations Officer's
determination may be appealed as provided in Section 13. If a unit is modified pursuant to the
motion of the Employee Relations Officer hereunder, employee organizations may thereafter file
Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for
such new appropriate unit or units pursuant to this Resolution.
Section 13. Appeals. An employee or employee organization aggrieved by an
appropriate unit determination of the Employee Relations Officer, or an employee organization
aggrieved by a determination of the Employee Relations Officer that a Recognition Petition,
Challenging Petition, Decertification Petition or Petition for Modification of an Established
Appropriate Unit — or employee(s) aggrieved by a determination of the Employee Relations
Officer that a Decertification Petition or a Petition for Modification of an Established
Appropriate Unit — has not been filed in compliance with the applicable provisions of this
Article, may, within seven days of notice of such determination appeal the determination to the
City Council for final decision.
Appeals to the City Council must be filed in writing with the Clerk of the City
Council, and a copy thereof served on the Employee Relations Officer. The City Council shall
#138925 Page 14 of 18
commence consideration of the matter within thirty-five days of the filing of the appeal. Any
decision of the City Council on an appeal shall be final and binding.
Section 14. Submission of Current Information by an Exclusively Recognized
Employee Organization. All changes in the information filed with the City by an Exclusively
Recognized Employee Organization under items (a)through (h) of its Recognition Petition under
Section 7 shall be submitted in writing to the Employee Relations Officer within fourteen days of
such changes.
Section 15. Employee Organization Activities — Use of City Facilities. Except
as otherwise provided by MOU or written rules and regulations, aAccess to City work locations
and the use of City paid time, facilities, equipment and other resources by employee
organizations and those representing them shall be allowed only upon authorization by the
Employee Relations Officer; and, shall be limited to activities pertaining directly to the
employer-employee relationship and not such activities as internal employee organization
business, soliciting membership, campaigning for office, or organization meetings and elections;
and, shall not interfere with the efficiency, economy, safety and security of City operations.
Section 16. Administrative Rules and Procedures. Subject to applicable meet and
confer requirements. tThe Employee Relations Officer is hereby authorized to establish such
rules and procedures as appropriate to implement and administer the provisions of this
Resolution.
Section 17. Initiation of Impasse Procedures. If the meet and confer process has
reached impasse as defined in this Resolution, either party may initiate the impasse procedures
by filing with the other party a written request for an impasse meeting. An impasse meeting
#138925 Page 15 of 18
shall then be scheduled promptly by the Employee Relations Officer. The purpose of such
impasse meeting shall be:
(a) To identify and specify the issue or issues that remain in dispute;
(b) To review the position of the parties in a final effort to resolve
such disputed issue or issues; and
(c) If the dispute is not resolved, to discuss utilization of the impasse
procedures provided herein.
Section 18. Impasse Procedures. Impasse procedures are as follows:
(a) Non-Binding Mediation — If the parties agree to submit the
dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to
non-binding mediation. If mediation proceedings are undertaken, such proceedings shall be
private and the mediator shall make no public recommendation nor take any public position at
any time concerning the issues.
(b) Mutually Agreed Upon Dispute Resolving Procedure — Any
dispute resolving procedure mutually agreed to by the parties to the impasse may be utilized.
(c) Resolution by the City Council — If the parties agreed to submit
the impasse directly to the City Council, or if the parties did not agree on non-binding mediation,
the selection of a mediator, or some other dispute resolving procedure, or having so agreed, the
impasse has not been resolved through such non-binding mediation or other dispute resolving
procedure, the City Council shall take such action regarding the impasse as it, in its discretion,
deems to be in the public interest. Any action by the City Council on the impasse shall be final
and binding.
#138925 Page 16 of 18
o ,
Section 19. Costs of Impasse Procedures. The costs, if any, for the services of a
mediator or for any other mutually agreed upon dispute resolving procedure utilized by the
parties, and other mutually incurred impasse resolution costs, shall be borne equally by the City
and the Exclusively Recognized Employee Organization.
Section 20. Construction. This Resolution shall be administered and construed as
follows:
(a) Nothing in this Resolution shall be construed to deny to the City
Council or any authorized officer, body or other representative of the City Council, the rights,
powers and authority granted by Federal, State or local law, ordinance or resolution.
(b) Nothing in this Resolution shall be construed as making the
provisions of California Labor Code Section 923 applicable to City employees or employee
organizations, or of giving employees or employee organizations the right to participate in,
support, cooperate or encourage, directly or indirectly, any strike, sickout, other total or partial
stoppage or slowdown of work, or any unlawful concerted action that poses an imminent and
substantial threat to public health or safety. In the event employees engage in such actions, they
may subject themselves to discipline, up to and including discharge, and may be deemed to have
abandoned their employment.
(c) Nothing in this Resolution shall be construed to deny to any
verified exclusive representative of City employees any right granted to that verified exclusive
representative under Government Code Sections 3505 and/or 3507.
(d) If a court of final jurisdiction determines that CCP § 1299 et seq. is
constitutional, then said statutory provisions shall be effective prospectively from the date of
entry of judgment.
#138925 Page 17 of 18
r
Section 21. Severability. If any provision of this Resolution, or the application of
such provisions to any person or circumstance, shall be held invalid, the remainder of this
Resolution, or the application of such provision to persons or circumstances other than those as
to which it is held invalid, shall not be affected thereby.
APPROVED AND ADOPTED this day of , 20004.
MAYOR- CITY OF AZUSA
ATTEST:
CLERK OF THE CITY COUNCIL
OF THE CITY OF AZUSA
#138925 Page 18 of 18
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
-MONDAY, OCTOBER 4, 2004 - 6:30 P.M.
The City Council of the City of Azusa met in regular session at the above date and time In the
Azusa Auditorium.
Ceremonial
CEREMONIAL
The entire Council presented a Blue Star Certificate to the family of Rocco Bersane, U.S. Army Blue Star to
who Is serving In Iraq; his mother, Mrs. Bersane, thanked the City Council for the recognition. Bersane Family
Mr. Dwight Mc Cannon, of the California Highway Patrol and Ms. Vicky Palmer, of AAA, Award to
presented a 10851 Award and a plaque to Azusa Police Officer Dennis Trembly. Officer Trembly
Chief of Police Davis presented certificates of commendation to Azusa Police Officers Tommy Cert of Com
Avila, Robert Landeros, Jorge Sandoval and Carlos Plascencla; Police Officers John Wachowski, To Azusa
Anthony Ventura and Sgt. George Brown were not in attendance, but also received certificates of Police Officers
commendation. He then told the story of the Police Officers capturing suspect who murdered
three people in the City of Duarte. He also congratulated officers for the rescue of a family
from a fire in the City of Covina.
CLOSED SESSION
Closed Session
Azusa Police Officer Peter Hoh, President of the Azusa Police Officers Association, addressed P. Hoh
Council regarding Closed Session Item Conference with labor Negotiators regarding APOA. He APOA Pres.
told about the freedom the Association has to the grievance process, specifically, the APOA
promotional process and evaluation process. He also relayed information regarding the work of MOU
APOA members.
Azusa Police Officer Jerry Jarred, member of the APOA, addressed Council expressing his J. Jarred
frustration with the City/APOA negotiation process as it stands this year. He described the APOA
process of past negotiations and deemed the current one as unfair. He stated, among, other MOU
things, that APOA is not requesting Increases in salaries and benefits, but to keep the status quo.
Azusa Police Officer Terry Henson addressed Council regarding the MOU between the Azusa T. Henson
Police Officers Association and the City expressing his frustration regarding the sick leave cap APOA
and detailed scenarios expressing the need for accrued sick leave. MOU
Azusa Police Sergeant.Mike Gurbada addressed Council expressing his regrets at having to M. Gurbada
address Council regarding the current negotiations process for APOA and the unfairness of It. Sgt. APD
He detailed the human side of the Issue and requested that Council not act on It tonight.
Attorney Dieter Dammeier, representing the HPOA, addressed Council stating that the contract is D. Dammeler
a status quo contract and that the City negotiators have placed eighteen (18) take aways and Comments
seven of the Items are non -economic items. He described the long term negative significance
the take aways would have on the department.
The City Council recessed to Closed Session at 7:15 p.m. to discuss the following: Recess
Conference with Labor Neaodator (Gov. Code Sec. 54957.6) ConfwAegal
Agency Negotiators: City Manager Gutierrez and Assistant City Manager Person Cncl
Organizatlons/Employee: APOA APOA
Real Property Negotiations (Gov. Code Sec. 54956.8)
Real Prop Neg.
the agenda to be acted upon at another meeting. It was consensus of Council to bring forward
Address: 152 East Foothill Blvd., Azusa, CA 91702
152 E. Foothill
7.
Agency Negotiators: City Manager Gutierrez and Assistant City Manager Person
Azusa
and unanimously carried to continue the item to the next Council meeting to be held on October
Under Negotiation: Price and Terms of Payment
18, 2004. .
4
Real Property Negotiations (Gov. Code Sec. 54956.8)
Real Prop Neg.
$1,000 to the National Little League, a check in the amount of $1,000 to the Azusa Recreation
Address: 100 East Foothill Blvd., Azusa, CA 91702 -
152 E. Foothill
Programs
Agency Negotiators: City Manager Gutierrez and Assistant City Manager Person
Azusa
Victor Hodge PTA; all from the proceeds of the sale of their house In Azusa.
Under Negotiation: Price and Terms of Payment
Ms. Lisa Pringle, representative of Congresswoman Hilda Solis' Office, Introduced herself to
L. Pringle
Solis' Rep
Council and to the public stating as the new representative of the Azusa area.
Reconvened
Ms. Lisa Harrington, Azusa School Board Member, addressed Council expressing her opinion in
The City Council reconvened at 8:05 p.m.
favor of the Azusa Police Officers Association, and was very happy to learn that the negotiations
Comments
City Attorney Carvalho advised that there was no reportable action taken In Closed Session.
City Attny
Ms. Dolores Fraser, Lee Nettleton and Francis Wrobbel. on behalf of the Sierra Village
D. Fraser, L.
No Rpts
Nettleton &
Mayor Madrid called the meeting to order and led in the Salute to the Flag.
Call to Order
to staff to be researched. - -
INVOCATION was given by Reverend Leroy of the First Assembly of God Church.
Invocation
Roll Call
ROLL CALL
PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID
ABSENT: COUNCILMEMBERS: NONE
- Also Present
ALSO PRESENT:
City Attorney Carvalho, City Manager Gutierrez. Assistant City Manager Person, Chief of Police
Davis, Director of Utilities Hsu, City Librarian Tovar, Director of Recreation and Family Services
Jacobs, Public Information Officer Quiroz, Assistant Director of Community Development Onaga.
Monrovia Nursery Project Manager Bruckner, Senior Librarian Shahsavari, City Treasurer Macias,
Director of Public Works Nakasone, Director of Human Resources Hanson, City Clerk Mendoza,
Senior Office Specialist Hernandez.
Mayor Madrid announced that the Item relating to the MOU with APOA will be removed from
Madrid
Comments
the agenda to be acted upon at another meeting. It was consensus of Council to bring forward
Neg
Item regarding the proposed resolution for Negotiation Impasse with Azusa Police officers
Impasse APOA
Imp
Association (APOA). Moved by Councilmember Hardison, seconded by Councilmember Rocha
Continued to
and unanimously carried to continue the item to the next Council meeting to be held on October
10/18/04
18, 2004. .
-
Mr. Rick Cole and Ms. Katherine Perez addressed Council donating a check In the amount of
Pub Part
PUBLIC PARTICIPATION
Azusa Golden Days Events Chairperson Rosemary Salce addressed Council announcing the week
R. Salce
Golden Day.-
ay:long
longGolden Days events and urged all to join in on the events. She displayed the new Golden
Events
Days blanket stating that they are on sale now for $50.
Ms. Renate Renee Bergmann addressed Council regarding falling trees, weeds and blank spaces
R. Bergmann
Comments
in the northern area near Ellsworth. Councilmember Rocha advised that the tree planting crew
will be planting native plants in that area.
-
Mr. Rick Cole and Ms. Katherine Perez addressed Council donating a check In the amount of
R. Cole
Donation
$1,000 to the National Little League, a check in the amount of $1,000 to the Azusa Recreation
To various
Program, a check In the amount of $1,000 to the Azusa Library, a check in the amount of
Programs
$1;000 to the Neighborhood Homework House, and a check in the amount of $1,000 to the
Victor Hodge PTA; all from the proceeds of the sale of their house In Azusa.
Ms. Lisa Pringle, representative of Congresswoman Hilda Solis' Office, Introduced herself to
L. Pringle
Solis' Rep
Council and to the public stating as the new representative of the Azusa area.
Ms. Lisa Harrington, Azusa School Board Member, addressed Council expressing her opinion in
L. Harrington
favor of the Azusa Police Officers Association, and was very happy to learn that the negotiations
Comments
will be continuing
Ms. Dolores Fraser, Lee Nettleton and Francis Wrobbel. on behalf of the Sierra Village
D. Fraser, L.
Homeowners Association, addressed Council requesting information/direction on who will pay
Nettleton &
for the repair of the sidewalk and curbs along the side of their complex The item was referred
F. Wrobbel
to staff to be researched. - -
Comments
Ms. Lana Grizzell addressed Council congratulating Mayor Madrid on her new Job, thanked L. Gdzzell
Councilmember Rocha for being a good person and congratulated Caroline Cruz and Mr. Rocha Comments
for being selected at the Honored Citizen for the Golden Days celebration.
10/04/04 PAGE TWO
Mr. William Alston addressed Council regarding no parking on Pasadena on Wednesday, W. Alston
October 6, 2004, for street sweeping. The Issue was referred to staff. Comments
Mr. Victor Valenzuela addressed Council and audience encouraging all to register to vote and V. Valenzuela
requests support for his Assembly candidacy. Comments
REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF
Rpts/Updates
Councilmember Hardison encouraged all to participate in the Golden Days events. Hardison
Comments
Mayor Pro -Tem Stanford announced that Dr. Felix of Azusa Pacific University has written a book Stanford
and encouraged all to read It.. Comments
Councilmember Chagnon invited all to Join in on the Luau, a Golden Days Event, to be held on Chagnon
Wednesday, October 6, 2004, at the Azusa Senior Center, which is being sponsored by the Comments
Azusa Woman's Club.
Councilmember Rocha requested that the meeting be adjourned in memory of Michael Aguirre Rocha
Sr., longtime Azusa resident, who recently passed away. He requested an update on the Leroy Comments
Harris headstone City Attorney for an update on the Leroy Harris headstone questions and she
responded.
Mayor Madrid thanked all who volunteer to make the Azusa Golden Days event successful. She Madrid
announced that she has begun full time employment as Field Manager for Supervisor Gloria comments
Molina.
Project Manager Bruckner presented an update on the Monrovia Nursery Project and answered R. Bruckner
questions posed by Councilmembers. - comments
SCHEDULED ITEMS
Sched Items
CONTINUED PUBLIC HEARING —to consider an amendment to the existing Conditional Use Pub Hrg
Permit C-89-20 & P-89-181 for Vulcan Materlals/Azusa Rock, 3901 Fish Canyon, Azusa, CUP
California. Vulcan
Assistant Community Development Director Onaga addressed the Hearing stating that this is a Asst Com Dev
request for a modification of the Conditional Use Permit for the Azusa Rock mine; the applicant Dir
is Vulcan Materials.. He stated that the request has to do with the haul road operation of the Comments
quarry. He noted that in 1988 there was a modification, approved by the Council, in an effort to
get rid of truck traffic off of Encanto Parkway with the following conditions: it allowed the
construction of the conveyor system to take some of the product across the river and down to
the Irwindale plant and allowed construction of a haul road for the large trucks so that they
could bypass Encanto Parkway, by going across the river along a parallel road on the other side
of the river. He stated that the problem with the haul road part of the modification is that It
crossed the bike trail, so there was a condition that required a grade separation at that point
where the two roads intersected. Recently, Vulcan submitted a different proposal because they
don't have to use trucks, but they can use the conveyor belt. The request now Is to change
those conditions of the requirement of the grade separated bridge, which has gone to Planning
Commission and they have recommended approving the request with conditions. The
conditions have to do with eliminating all the language that requires the haul road and talks
about truck traffic on the haul road and Encanto Parkway; they have agreed not to use the large
trucks on these roads. He stated that one of the conditions had to do with a small triangular
area where the regional bike trail runs to Todd Avenue and the condition required them to
landscape that area; the applicant has proposed to deliver landscaping plan, together with
$50,000, in lieu of the condition. Staff and the Planning Commission have recommended that
the resolution to make the modification to the Conditional Use Permit. Mr. Onaga then
answered questions posed by Councilmembers.
Counclimembers expressed concern regarding landscaping plans, maintenance, conveyor belt Council
and signage. concerns
Mr. Jim Gore of Vulcan Materials Company, responded to Councilmembers questions regarding 1. Gore
the landscaping plans, stating that the plans were conceptional until they find out what the City Vulcan
Is looking for and will now finalize the plans. He also stated that they would be deleting items
4, 5, &6, regarding the wrought Iron fencing, the gate and the pilaster, which Vulcan will install ,
and will decrease the funding according to what the cost would be, which is approximately,
$36,000
10/04/04 PAGE THREE
Moved by Councilmember Chagnon, seconded by Councilmember Hardison and unanimously Hrg clsd
carried to close the Public Hearing.
Councilmember Rocha requested that Condition #3, regarding signage, be both in English and in Rocha -
Spanish and that a telephone number to contact Vulcan, be included. He requested that the trail Condition #3 -
be checked for debris on a daily basis, which is referred to in Condition #5, with regard to 
maintenance.
Councilmember Chagnon addressed condition # 13, stating that she would like to see final plans Chagnon
that are ready for approval. She asked if they have to go through a planning process or park and Condition # 13
recreation process, she would like something useable for them to implement. Mr. Onaga
responded that they will go through a review process by the Parks Department.
Mayor Madrid requested that with regard to Condition # 14, regarding the razor wire, that the Madrid
word "shall" be used instead of "should". Condition #14
It was clarified that in addition to the $40,000, Vulcan will build fencing, gates and pilasters and Clarification
Vulcan will provide the City with a final set of plans that have gone through the City.
Mr. Gore agreed to all of the above mentioned requests that will be included in the final J. Gore
resolution Conditions of Approval. Comment
Moved by Councilmember Hardison, seconded by Mayor Pro -Tem Stanford and carried to
Amendment
approve the application for an amendment to the existing Azusa Rock Conditional Use Permit
To Azusa Rock
(Special Use Permit Resolution No. 8553), which allowed the operation of the Azusa Rock
CUP
Company Quarry and waive further reading and adopt the following:
Approved
Councilmember Hardison offered a Resolution, as amended, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AN AMENDMENT
Res. 04-C71
TO AZUSA ROCK CONDITIONAL USE PERMIT (SPECIAL USE PERMIT RESOLUTION NO. 8553)
Amend CUP
Special Use
Moved by Councilmember Hardison, seconded by Mayor Pro -Tem Stanford to waive further
Permit
reading and adopt. Resolution passed and adopted by the following vote of the Council:
Vulcan Mat.
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA. CHAGNON
NOES: COUNCILMEMBERS: MADRID
ABSENT: COUNCILMEMBERS: NONE
PUBLIC HEARING —to consider valid requests with regard to the use of approximately $13,000
Pub Hrg
from the Local Law Enforcement Block Grand and $100,000 for the Citizens Option for Public
LLEBG &
Safety Grant for Fiscal Years 2004-05.
COPS Grants
The Mayor declared the Hearing open. City Clerk read the affidavit of proof of publication of
Hrg open
notice of said hearing published in the San Gabriel Valley Tribune on September 23, 2004.
Chief of Police Davis addressed Council providing a breakdown of the appropriation of the grant
COP -
funds as follows: $100,000 will be utilized for the FAST Program, Legal Review of AZPD Policy
Comments
Manual, G36 Sights, and Ruggedized laptops, associated equipment and installation. The
LLEBG will be used towards Ruggedized laptops, associated equipment and installation. The
carryover/interest will be used for G36 Sights, Ruggedized laptops, and equipment and
Installation, remote control radios/radio service and personal protective equipment.
Moved by Councilmember Chagnon, seconded by Councilmember Rocha and unanimously
Hrg Closed
carried to close the Public Hearing. -
Moved by Mayor Pro -tem Stanford, seconded by Councilmember Rocha and unanimously
Budget Amend
carried to amend the 04-05 City budget to Include appropriation of funds to be received form
Approved
the State Citizens' Option for Public Safety (COPS) Program ($100,000) and. Local Law
Enforcement Block Grant ($12,713). Further approval was given to recognize and appropriate
$45,748 in interest and carryover funds from FY from various grants itemized.
The CONSENT CALENDAR consisting of Items VI -A through VI -H was approved by motion of
Consent Cal
Councilmember Rocha, seconded by Councilmember Chagnon and unanimously carried, with
VI -E, G. &
the exception of Items VI -E, G, and H, which was considered under the Special Call portion of
H Spec Call
the Agenda.
A. The Minutes of the regular meeting of September 20, 2004, were approved as written.
Min approved
10/04/04 PAGE FOUR
B. Human Resources Action Items were approved as follows:
Merit Increase/Regular Appointment: R. Cabildo, A. Garcia, S. Cabral, W. Mandigo, and S.
Smith.
Flexible Staffing Promotion: H. Quintero, Senior Accountant, effective April 17, 2004.
Human Res.
Action Items
C. Approval was given to adopt the grand deed In favor of Azusa form the development Grant Deed
located at 915 E. Arrow Highway, and authorize its recordation. 915 E. Arrow
D. The following contracts were approved for the Monrovia Nursery Project: UltraSystems for Monrovia
Acoustic and Hazardous Materials Review, Petra Geotechnical for Geology/Geotechnical, Nursery
Mia Lehrer Associates for Landscape Architecture, Cogstone Resource Management for Project
Archaeology and Paleontology, Michael Brandman Associates for biology and Architectural Consultants
History, and Jay Goldstone as Financial Advisor. Authorization was also given to the City
Manager to approve future amendment to contract amounts as maybe necessary.
E. SPECIAL CALL ITEM.
Spec Call
F. Specifications for bidding of the construction of the US Forest Service Interpretive Center Specs US
were approved. Forest Inter.
G. SPECIAL CALL ITEM.
H. SPECIAL CALL ITEM.
SPECIAL CALL ITEMS
Spec Call
Spec Call
Spec Call Items
Councilmember Rocha addressed item regarding the reimbursement agreement with Azusa land Rocha
partners (ALP) requesting that the work "many" be changed to "all" the background portion of Comments
the agenda report. He requested clarification of a sentence in the Recitals, Section C, and City Agmt VVIALP
Attorney Carvalho responded stating that in the development agreement the City has considered
community facilities districts (CFD); the subject sentence doesn't mean the "City's public
dollars" but, the use of "public bonding".
Councilmember Hardison addressed the same agreement with ALP, requesting that signs be Hardison
posted during the construction phase, and that a telephone number be listed In order for Comments
residents to call if dust is noticed coming from the project. Councilmember Rocha reminded Agmt w/ALP
Project Manager Bruckner that Dalton School and Saint Frances School should be notified when
grading takes place, in order for the schools to decide If children should have recess or not.
Moved by Councilmember Chagnon, seconded by Councilmember Rocha and unanimously Agmt WIALP
carried to approve the Reimbursement Agreement wit Azusa land Partners (ALP) in order to Approved
cover the City's consult costs relative to the implementation of the Monrovia Nursery Project.
Authorization was given to the City Manager to amend the Reimbursement Agreement in the
future as needed, with respect to budget amounts, and expansion of the consultant list.
Councilmember Chagnon addressed item regarding the MOU between the City, the San Gabriel
Chagnon
and Lower Los Angeles Rivers and Mountains Conservancy and the San Gabriel Mountains
Comments
Regional Conservancy, Terms Section, requesting clarification on hourly rate. Assistant City
MOU Rivers
Manager Person responded stating that the workplan will run from September of this year to
$-Mountains
August of next year. Mayor Madrid reminded all that the Board of the Rivers and Mountains
Conservancy
Conservancy are concerned about the two million dollars In grant funding that the City of Azusa
has not spent.
Moved by Councilmember Chagnon, seconded by Councilmember Rocha and unanimously MOU SG a
carried to approve the Memorandum of Understanding between the City, the San Gabriel and Lwr LA Rivers
Lower Los Angeles Rivers and Mountains Conservancy and the San Gabriel Mountains Regional & Mnts Csvcy
Conservancy.
Councilmember Chagnon announced that Dave Potter, newly appointed Library Commissioner Chagnon
and Debbie Rindred, newly appointed member of the Cultural and Historical Preservation Comments
Commission were in the audience. She then questioned the procedure regarding how to keep Re: appts
Mr. Flowers on the Planning Commission until the new Development Code Is adopted. To Brds ✓i Com
Aker discussion, it was moved by Councllmember Chagnon, seconded by Councllmember Rocha Reso amended
and carried to amend the resolution appointing Mr. Dierking to the Planning Commission to read Ping Comm
that his appointment will become effective immediately following the adoption of the
Development Code by the Planning Commission; further, Mr. Flowers will remain as
Commissioner until that time. Mayor Madrid dissenting.
10/04/04 PAGE FIVE
Moved by Councilmember Chagnon, seconded by Councilmember Rocha and carried to direct
City Attny
'i
the City Attorney to come back with a proposed ordinance reducing the Cultural and Historical
Dir Ord re: r
Preservation Commission to five members, also, included In the motion was that proclamations
Reduce Cult
be prepared for presentation to all outgoing commissioners. Madrid acirid dissenting.
& Hist Com
.
Councllmember Chagnon offered the following Resolutions entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING MADELYN PAYNE
Res. 04-02
TO THE LIBRARY COMMISSION.
M. Payne Lib
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE -APPOINTING LESLIE
Res. 04-C73
DIERKING TO THE PERSONNEL BOARD.
L. Dierking
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA_ APPOINTING JOHN R.
Res. 04-C74
DIERKING TO THE PLANNING COMMISSION.
J. Dierking
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING ROSSANA
Res. 04-C75
HELBERT TO THE PARKS AND RECREATION COMMISSION.
R. Helbert
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING PAUL
Res. 04-C76
NACCACHIAN THE HUMAN RELATIONS COMMISSION.
P. Naccachian
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING DAVE POTTER
Res. 04-C77
TO THE LIBRARY COMMISSION.
D. Potter
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING DEBBIE KINDRED
Res. 04-C78
TO THE CULTURAL AND HISTORICAL PRESERVATIONCOMMISSION.
D. Kindred
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING CHRISTINA
Res. 04-C79
VALDEZ TO THE HUMAN RELATIONS COMMISSION.
C. Valdez
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE -APPOINTING CARLOS
Res. 04 -CBO
UDR1A TO THE PARKS AND RECREATION COMMISSION.
C. Udria
Moved by Councilmember Chagnon, seconded by Councilmember Rocha to waive further
reading and adopt. Resolution passed and adopted by the following vote of the Council: -
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA. CHAGNON, MADRID
NOES: COUNCILMEMBER5: NONE
ABSENT: COUNCILMEMBERS: NONE
THE CITY COUNCIL CONVENED JOINTLYAT 9:47 P.M. WITH THE REDEVELOPMENT AGENCY
Cncl/CRA
TO DISCUSS THE FOLLOWING:
convene jntly
Adoption Of A Relocation And Replacement Housing Plan For The Dalton Properties
Relocation &
Acauisition Prosect. -
Replacement
Hsg Lib Prj
Aker discussion, Councilmember Chagnon offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSAAPPROVING AND ADOPTINGA
Res. 04-C81
RELOCATION AND REPLACEMENT HOUSING PLAN IN CONJUNCTION WITH THE PROPOSED
Approving 8
NEW CITY LIBRARY PROJECT.
Adopting
- -
Relocate &
Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Stanford to waive further
Replacement
reading and adopt. Resolution passed and adopted by the following vote of the Council:
Hsg
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID
-
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Convene CRA
THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 9:48 P.M.
Cncl recess
THE CITY COUNCIL RECONVED AT: 9:50 P.M.
Cncl reconvene
Councilmember Chagnon offered an Ordinance entitled:
A REVISED AND RESTATED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
Ord No. 0-09
EXTENDING THE PLAN EFFECTIVENESS DEADLINE AND THE TAX INCREMENT RECEIPT
Amend Redev
DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE AMENDED AND RESTATED
Plan Tax
REDEVELOPMENT PIAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
Increment
REDEVELOPMENT PROJECT AREA
10/04/04 PAGE SIX
I
A
Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Stanford to waive further
reading and adopt. Ordinance passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: HARDISON. STANFORD, ROCHA, CHAGNON, MADRID
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
It was consensus of Council In memory of Michael Aguirre Sr. and Louis Aguirre. Adjourn in
Memory of
Michael
Aguirre Sr.
a Louis
TIME OF ADJOURNMENT: 9:30 P.M. Aguirre
CITY CLERK
NEXT RESOLUTION NO. 2004-CS2.
NEXT ORDINANCE NO. 2004-09.
10/04/04 PAGE SEVEN
L,
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CATHY HANSON, DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER
VIA: JULIE A. GUTIERREZ, CITY MANAGER
DATE: OCTOBER 18, 2004
SUBJECT: HUMAN RESOURCES ACTION ITEMS
RECOMMENDATION
It is recommended that the City Council approve the following Personnel Action Requests in accordance with
Section 2.36 of the City of Azusa Civil Service Rules and applicable Memorandum of understanding(s).
BACKGROUND
These actions, requested by department heads are brought directly to Council. These actions are not required to
go before the Personnel Board.
Promotiona/AApointmen- The following appointment(s) have been requested by department heads pursuant
to the Rules of The Civil Service Svstem.
Utilities David PattersonI Line Mechanic to Electric Crew Supervisor 10-19-2004 5228/4
$6,488.62
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets
To: Honorable Mayor and Members of the City Council
From: Uriel Macias, City Treasurer
Date: October 18, 2004
Subject: City Treasurer's Statement of Cash and Investment Balances for the
month of September 2004
Recommendation:
It is recommended that the Council Members receive, review, and file the City
Treasurer's Report for the City of Azusa for the month of September 2004.
Background:
Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City
of Azusa for the month of September 2004. City investments are made in
accordance with the City's Investment Policy adopted and approved with Resolution
No. 02 - C97 dated, October 6, 2003 and Government Code Section 53600 et seq.
The balance of cash, investments, and projected revenues for the next six months are
expected to be sufficient to meet cash disbursement requirements of the City for at
least the next six months.
Note: $3,500,000 advancement to city for Monrovia Nursery escrow closing
deposited on 9/22/2004.
*• s r R rt Clt or Azusa
Treasury Book Balances - Cash & investments'
For September, 2004
(Prepared by: U. Mzdav)
Accounts:
HELD BY CITY TREASURER:
Well Fargo Bank
General Checking
Overland Express Sweep"
Worker's Compensation Checking
Flexible Reimbursement
Federal Home Loan Note
Federal Home Loan Note
Federal Home Loan Note
Federal Home Loan Bank
Payroll Checking (swept into a ZBA account)
Certificate of Deposit (ISO collateral account)
Certificate of Deposit (ISO collateral accounq
Police Petty Cash Fund
Light & Water Rate StabilizatIon Account
Wells Fargo Bank Sub -Total:
Gilford Securities
Fed Home Loan Mg Corp.( Med. Term Note)
Fed Home Loan Bank
Fed Home Loan Bank
Fed Home Loan Bank
Local Agency Investment Fund (LAIF)
71 959,711.85
TOTAL HELD BY CITY TREASURER —71,928,908.13
'This Is a snapshot for end of month balances. Values may, and often, fluctuate.
—Large cash balance due to $3,500.000 advance PLC made to city at dese of Monrovia Nursery escrow closing.
Maximum
Maturity
ICa IabIB
Yield Market
Value
Aect/Cnsin No.
Deposit All wed
mount Pledged Securities
4950-041244
No limit
x
1,382,217.00 FDIC up to $100,000.00
Ongoing
Na
We
1.375%
O.fi45%
1,382,217.00
7,168,744.45
No limit
x
7,166,744.45>$100,000 collaterized by 110% in govn't securifies
Ongoing
0606-050318
No limit
x
64,359.39 FDIC up to $100.000.00
Ongoing
me
None
64,359.39
>$100,000 whalerized by 110% In govn't securities
11,273.28
O606-55036
No limit
x
11,273.26 FDIC up to $100,000.00
Ongoing
n/a
None
>$100,000 collaterized by 110% in govn't securities
07/14/08
10/14/03
3.000%
2,060.150.00
31339Y2X9
No limit
x
2,500,000.00 Federally Sponsored Agency
Federally Sponsored Agency
11/21/08
08/21/03
4.020%
5,012,500.00
3133MYKV8
No limit
x
5,000,000.00
Federally Sponsored Agency
08/26/08
00126/04
4.200%
5,001,550.00
3133XOLG2
No limit
x
5,000,000.00
Federally Sponsored Agency
05/21/07
0521104
3.100%
4,992,200.00
3133MYO67
No limit
x
5,000,000.00
4159-281393
No limit
x
0.00 FDIC up to $100,000.00
Ongoing
Na
None
0.00
>$100,000 collalerized by 110% In govn't securities
1.200%
305,efi9.10
3000311658
No limit
x
300,000.00 FDIC up to $100,000.00
Ongoing
Na
ISO holds a $300,000 security Interest In the CD
1.900%
2,037,502.11
1,975,001.22 FDIC up to $100,000.00 (,$100,000 collateralized by 110% in gov.secu
04/0]/05
n/a
1061-520284-000
No limit
x
0606050334
No limit
x -
289.12 FDIC up W $100,000.00
Ongoing
n/a
0.350%
269.12
Federally Sponsored Agencies
Ongoing
Na
4.150%
9,220,945.40
12764338
No limit
x
9,215,000.00
37,655,599.83
37 614 684.44
Awl: 955921.12
1,994.000.00 Federally Sponsored Agency
4/17/2008
10/17/2003
3.625%
2,001,200.00
3128X04MB
No limit
x
2,000,000.00 Federally Sponsored Agency
9/12009
9/12005
4.350%
2,000,000.00
3133XBC26
No limit
x
2,003,291.67 Federally Sponsored Agency
6/182008
6/182004
3.000%
1,970,000.00
313339XJA3
No limit
x
1112412008
11 r2412004
4.250%
2,006,260.00
3136F36H4
No limit
x
1,990,080.00 Federally Sponsored Agency
by full faith & credit of the State of Califomla
Ongoing
We
2.690%
26,326,652.02
9&19-041
$40,000,000.00
x
26,328,652.02 Backed
71 959,711.85
TOTAL HELD BY CITY TREASURER —71,928,908.13
'This Is a snapshot for end of month balances. Values may, and often, fluctuate.
—Large cash balance due to $3,500.000 advance PLC made to city at dese of Monrovia Nursery escrow closing.
CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
MONDAY, OCTOBER 4, 2004 - 9:48 P.M.
The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular
session at the above date.
Chairperson Madrid called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: DIRECTORS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID
ABSENT: DIRECTORS: NONE
ALSO PRESENT: Also Present
General Counsel Carvalho, Executive Director Gutierrez, City Department Heads, Secretary
Mendoza, Senior Office Specialist Hernandez.
THE CITY COUNCIL CONVENED JOINTLY AT 9:47 P.M. WITH THE REDEVELOPMENT CnCVCRAconvene
AGENCY TO DISCUSS THE FOLLOWING: Jntly
Adoption Of A Relocation And Reolacement Housing Plan For The Dalton Properties Relocation &
Acnuisition Project. Replacement Hsg
Lib PrJ
After discussion, Councilmember Chagnon offered a Resolution entitled:
A RESOLUTION OF THE CITYCOUNCIL OF THE CITYOF AZUSAAPPROVING ANDADOPTING Res. 04 -CSI
A RELOCATION AND REPLACEMENT HOUSING PLAN IN CONJUNCTION WITH THE Approving A
PROPOSED NEW CITY LIBRARY PROJECT. Adopting Relocate
t�
Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Stanford to waive further Replacement
reading and adopt. Resolution passed and adopted by the following vote of the Council: Hsg
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Convene CRA
CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 9:48 P.M.
Cncl recess
The CONSENT CALENDAR consisting of items VII -A was approved by motion of Director
Consent Cal.
Hardison, seconded by Director Rocha and unanimously carded.
Approved -
A. Minutes of the regular meetings of September 20, 2004, were approved as written. Min approved
It was consensus of the Redevelopment Agency Boardmembers to adjourn. Adjourn
TIME OF ADJOURNMENT: 9:50 P.M.
SECRETARY
NEXT RESOLUTION NO. 04-R26.
NEXT ORDINANCE NO. 04-RO1.
AGENCY CONSENT ITEM
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD
FROM: URI EL E. MACIAS, REDEVELOPMENT AGENCY TREASURER
DATE: OCTOBER 18, 2004
SUBJECT: CITY OF AZUSA REDEVELOPMENT AGENCY TREASURER'S STATEMENT OF CASH
BALANCES FOR THE MONTH OF SEPTEMBER 2004
RECOMMENDATION
It is recommended that the Board Members receive and file the Agency Treasurer's Statement
of Cash Balances for the Azusa Redevelopment Agency for the month of September 2004.
BACKGROUND
Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Azusa
Redevelopment Agency for the month of September 2004. Agency investments are made in
accordance with the Redevelopment Agency Investment Policy approved and adopted with
Resolution No. 03-R36 dated October 6, 2003, and Government Code Section 53601.
In September, Redevelopment Agency cash and investment balances increased by
$113,160.76. Cash received during the month totaled $113,160.76, and no disbursements
were made. The City advanced $314,618.85 to the Agency in September.
The Redevelopment Agency is the issuer of several Merged Project Tax Allocation Bonds. Of
the total cash and investments of $9,047,979.37, Wells Fargo Bank, the fiscal agent, held
$1,592,349.03 on behalf of the Agency. These funds are restricted for payment of debt
service on the bonds. The remaining $7,455,630.34 was available for Agency operating, debt
service, and restricted expenses, and outstanding liabilities.
FISCAL IMPACT
The balance of cash and investments and projected revenues for the next six months are
expected to be sufficient to meet cash disbursement requirements for at least the next six
months.
Prepared by: Roseanna J. Jara, Sr. Acct. -Redevelopment
UEM :RJJ/cs
CITY OF AZUSA REDEVELOPMENT AGENCY
AGENCY TREASURER'S STATEMENT OF CASH
AND INVESTMENT BALANCES
SEPTEMBER 2004
Beginning Cash Balance $8,934,818.61
(All Restricted and Unrestricted Accounts & Investments)
Receipts (All Sources) 113,160.76
Disbursements 0.00
Ending Cash Balance $9,047,979.37
(All Restricted and Unrestricted Accounts & Investments)
Uriel E. M cia gency Treasurer
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES - CASH AND INVESTMENTS
SEPTEMBER 2004
Maximum
Deposits
Bank Accounts
Allowed
Amount Pledged Securities
Maturity
Interest
Mkt
Rate
Value
CASH AND INVESTMENTS HELD BY AGENCY
TREASURER
Wells Fargo Bank
Government Checking
No limit
$56,751.83 FDIC up to $100,000.00
Ongoing
0.000%
$56,751.83
>$100,000 collaterized by 110 % in govn't securities
Securities -Federal Home Loan Note
No Limit
2,470,588.23 Backed by faith & credit of Federal Home Loan Bank (FHLB)
8/26/08;2/27/09
4.200%
2,476,994.11
Local Agency Investment Fund (LAIF)
$20,000,000.00
4,928,290.28 Backed by faith & credit of the State of California
Ongoing
1.771%
4,920,327.04
SUBTOTAL CASH AND INVESTMENTS
HELD BY AGENCY TREASURER:
$7,455,630.34
$7,454,072.98
Interest Collections:
$1,729.41
CASH AND INVESTMENTS HELD BY FISCAL AGENT
WELLS FARGO BANKS, FISCAL AGENTS
1997 Merged Protect Tax Allocation Bonds
1997A Special Fund
Wells Fargo Treasury Plus/MMkt
No limit
27.60 N/A
Ongoing 9 9
0.870%
27.60
1997A Reserve Account
Cash
No limit
13,455.83 FDIC up to $100,000.00
Ongoing 9 9
0.994 %
13,455.83
>$100,000 collaterized by 110% in govn't securities
Morgan Guaranty Trust Company
No limit
467,642.50 Guaranteed Investment Agreement
Ongoing
9 9
°
5.750 /°
467,642.50
1997 Merged Project Tax Allocation Bonds Subtotal:
$481,125.93
$481,125.93
Interest Collections:
$16,88
2003 Merged Project Tax Allocation Bonds
2003A Special Fund
Cash
No limit
$0.00 FDIC up to $100,000.00
Ongoing
0.000%
0.00
>$100,000 collaterized by 110% in govn't securities
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES - CASH AND INVESTMENTS
SEPTEMBER 2004
Bank Accounts
Deposits
Allowed
Amount Pledged Securities
Maturity
Interest
Rate
Mkt
Value
AIM Gov't Portfolio
No limit
67.49 Investments in direct obligations of the U.S. Treasury
Ongoing
1.067%
67.49
2003A Reserve Account
AIM Gov't Portfolio
No limit
25,963.02 Investments in direct obligations of the U.S. Treasury
Ongoing
1.150%
25,963.02
AIG Matched Funding Corporation
No limit
1,085,192.59 Guaranteed Investment Agreement
07/29/23
4,780%
1,085,192.59
2003 Merged Project Tax Allocation Bonds Subtotal:
$1,111,223.10
$1,111,223.10
Interest Collections:
$44.23
SUBTOTAL CASH AND INVESTMENTS
HELD BY FISCAL AGENT:
$1,592,349.03
$1,592,349.03
Total - Azusa Redevelopment Agency
Cash and Investments:
$9,047,979.37
$9,046,422.01
Total Interest Collections:
$1,790.52
Source of Market Value Information:
Wells Fargo Corporate Trust, Trustee
Local Agency Investment Fund (LAIF)
Wells Fargo Institutional Securities
Tax Allocation Bond Data is based on Trustee -generated Statements; bond funds listed
herein are restricted for payment of debt service and governed by
strict regulations described in the Trust Indentures.
AGENCY INFORMATION ITEM
TO: THE HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD
FROM: SHARON W. HIGHTOWER, COMMUNITY DEVELOPMENT/ECONO
DEVELOPMENT DIRECTOR
VIA: JULIE A. GUTIERREZ, EXECUTIVE DIRECTOR
DATE: OCTOBER 18, 2004
SUBJECT: PROFESSIONAL SERVICE CONTRACTS QUARTERLY REPORT FOR PERIOD JULY 1,
2004 THROUGH SEPTEMBER 30, 2004
RECOMMENDATION
Review and file the report.
BACKGROUND
On June 7, 2004, the Agency Board approved redevelopment signatory authority for
professional service contracts up to $49,999.99. As a condition of that approval, staff is
required to prepare a quarterly informational item for the Agency Board for those purchases
$15,000 and over, which will include vendor, amount of purchase, and item or service
purchased. For this quarter, the following purchases were initiated:
Vendor Name Amount Services Provided
Best Best & Krieger $43,500.00 Bond & Disclosure Counsel for 2004 T.A. Bonds
HdL Coren & Cone $18,000.00 Property Tax Fiscal Consultant for 2004 T.A. Bonds
FISCAL IMPACT
These contracts will be paid from proceeds of the new 2004 T.A. Bonds as costs of issuance.
Prepared by R. Jara.
SH:R77/cs
U:\WPROC�OORRESPO\AGEN DANVendoris[QtrryReport m.dx
JA
WARRANT REGISTER NO. 28
FISCAL YEAR 2003-04 AND 2004-05
WARRANTS DATED 08/22/04 THROUGH 09/30/04
RESOLUTION NO.
FOR BOARD OF DIRECTORS' MEETING OF 10-18-04
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS
TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS
THE REDEVELOPMENT AGENCY. OF THE CITY OF AZUSA DOES RESOLVE AS
FOLLOWS:
SECTION 1. That the following claims and demands have been audited as required bylaw and that
the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as
hereinafter set forth:
80.110 -REDEVELOPMENT ADMINISTRATION FUND
- 80 -125 -CBD CAPITAL PROJECTS FUND
80 -135 -WED CAPITAL PROJECTS FUND
80 -185 -RANCH CENTER CAPITAL PROJECTS FUND
81 -155 -TAX INCREMENT SET-ASIDE FUND
82 -125 -CBD DEBT SERVICE FUND
82 -135 -WED DEBT SERVICE FUND
82 -185 -RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS:
$ 43.103.40
12.891.48
6.120.00
12.109.33
145.203.30
4903.70
$224.331.21
SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a
certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records.
ADOPTED AND APPROVED THIS DAY OF
Chairman
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the
City of Azusa at a regular meeting thereof, held on the day of 2004.
AYES:
DIRECTORS:
NOES:
DIRECTORS:
ABSTAIN:
DIRECTORS:
ABSENT:
DIRECTORS:
Secretary
op
F �( 03/0 y
City of Azusa HP 9000 10/14/04 O P E N HOLD D B LISTING By PersaVRLity Name p 1
CCT 14, 2004, 7:19 AM --req: ISE ------leg: GL JL,-loc: BI -TER --- Jcb: 339816 #M44 ---grog: CH400 <1.34>-- id: 2
SE= FUND
FE ID
Cis: 80-82 ; GL Posting hates: 070103-063004
PE Nacre Af17TiVT NMER / JCB NUvE R
Check Issue Tates:
Lvoiee Nufier
082204-093004
D�scripticn St Disc. AT.
Dist. Ant.
AT&T 8010110000-6915
063004
626-334-5464 PD 0.00
PEID 'P0aid: 2.803
2.83
V01502
Total:
2.83
V00286
V00286
AZ[rA uaFIFD SC 8220185000-7040
Aam LTCFIFD SC 8210125000-7040
081904
081904
03/04 RCH CIR PA PD 0.00
03/04CM AMEN1#5 PD 0.00
PEID U T:id:
Paid:
Total:
3,102.32
12,109.33
0.00
15,211.65
15,211.65
V02687
CIU4JS OD rLFCE 8220185000-7040
081904
03/04 RCH CIR PA PD 0.00
PEIDU��. d:
Paid:
Total:
1,801.38
0.00
1,801.38
1,801.38
GRAND TOTAL mid: 0.00
Paid: 17,015.86
Total: 17,015.86
FY 0q/0!
City of Aaisa HP 9000 10/14/04 O P E N H 0 L D D B LISTING By P Ehtity Nan -e
id:
PO1
OCT 14,
2004, 7:20 AM --req: R3SE--: ---leg: GL JL--lcc: BI-TF1:li
--- jdr 339817 4=45
--- prog: CFI400 <1.344>--xepDrt
2
SE[FTT F[ND
Qxl-s: 80-82 ; GL Pasting Dates: 070104-063005
Check Issue hates:
082204-093004
0.00
PE ID
PE Narre ALLLINr NLNBFR / JCB NUvE3FR
Invoice Nurber
Ees=ptim St Disc. Arrt. Dist. Ant.
V01305
AZUSA CPTY FID C 8000000000-3035
2610/0401020
20 PD 0.00
70.94
O401018pPpRR�
04 FD 0.00
U19/04
70.94
V01305
AZUSA CITY FED C 8000000000-3035
2G10/0401019
PD 0.00
70.94
PEID UW d:
0.00
Paid:
212.82
Total:
212.82
V96057
AZUSA G=EAY 8010110000-6601
80
AD AZUSA GJLLg1V FD 0.00
45.00
PED . d:
0.00
Paid:
45.00
Total:
45.00
V00355
AZUSA PAROLL AC 8000000000-3005
FR1804
Tis PblAWi FD 0.00
500.32
V00355
AZUSA PAIL AC 8000000000-3003
PR1804
Taxes P�le T PD 0.00
358.50
V00355
AZUSA PAYROLL AC 8000000000-3001
PR1804
Tates i FD 0.00
1,529.50
V00355
AZUSA PAYROLL AC 8000000000-3001
PR1904
Taxes Pbl/WithlE FD 0.00
1,390.62
V00355
AZCLFA PAYR3LL AC 8000000000-3005
PR1904
Taxes Pbl/Wi PD 0.00
452.96
V00355
AZUSA PA)RML AC 8000000000-3003
PR1904
Taxes f8*,j� PD 0.00
302.86
V00355
AZUSA PAvRCM AC 8000000000-3005
PR2004
Taxes Pb i PD 0.00
444.85
V00355
AZUSA PAMRCLL AC 8000000000-3003
FR2004
Taxes Payable FI PD 0.00
300.24
V00355
AZUSA PAykOM AC 8000000000-3001
PR2004
Taxan Pol/Wi PD 0.00
1,369.60
V05804
V05804
•a. .a. �• :� : life. •
V04317 CALIFU NIA M%SIE 8010110000-6530 368
PEIDd: 0.00
d: 6,649.45
Total: 6,649.45
REID'B Mm/EEP CA PD 0.00
206.20
PETDhflaald:
206.200
Total:
206.20
7/04 LG SB1045 FD 0.00
7/04 LCI PRJ FIN PD 0.00
1,170.00
214.50
PEIDLhuid:
0.00
Paid:
1,384.50
Total:
1,384.50
PLFASE NU RA= PD 0.00
52.78
City of Azusa HP 9000 10/14/04 O P E N H O L D D B LISTING By PonsaVFhtity Nave Page 2
'II3U, OCT 14, 2004, 7:20 PM --req: FZSE------ leg: GL JLr-loc: BI -TECH --- job: 339817 ##1245 --- pr_og: CE400 <1.3 >--report id: CHFLTRO2
SELECT FUD Cis: 80-82 ; GL.Posting Rates: 070104-063005 ; Check Issue Dates: 082204-093004
PE ID PE Nage ACCaVT NCMMR / JCB NCNDFR Invoice Iffier Descr�pticn St Disc. Ate. Dist. Ant.
52.78
V00348
CCIISD7J HE4LM 1 8000000000-3054
2435/0401018
"18/04 PD 0.00
19.25
PEIDdo
PaiTotal:
19.25
19.25
V04623
DENm HEALTH SV 8000000000-3052
040902145
Pre-tax Dental B PD
89.99
PM �y0.00
Paid:
89.99
Total:
89.99
V00331
V00331
FEcERAr EXPRESS 8010125000-6625/650201-6625
FOAL EXPRESS 8010125000-6625/650201-6625
198617604
193558778
117052788 PD 0.00
117052788 PD 0.00
14.83
29.66
PEID Upas
0.00
Paid:
44.49
Total:
44.49
V06713
HELLER AS90CTATE 8000000000-2724
1225/0401018
PR##18/04 PD 0.00
6.00
FES ULmi
d:
0.00
6.00
Total:
6.00
V08171
V08171
HIG€IILWER SHARD 8010110000-6399
HIG IIC;/ER: SHARD 8010110000-6399
090404
073104
MV DIP SVC PD 0.00
BMN DEV D]R SVC FD 0.00
12,000.00
12,000.00
PEID Up�d:
Paid:
Total:
0.00
24,000.00
24,000.00
V05574
IRagM CNIAIN RE 8010110000-6493
N752357N752365
N752359 -N752365 PD 00.00
156.56
PEID vaid:
Paid:
0.00
156.56
Total:
156.56
City of Azusa HP 9000 10/14/04 O P E N H O L D D B LISTING By PersaVEhtity Nane
OCT 14, 2004, 7:20 AM --req: RCSE ------ leg: GL JL--loc: BI-IECH --- job: 339817 #J1245 --- prog: CH400 <1.344> --report
Pace 3
id: CHFUIR02
SE & T FUSD
Oxl=s: 80-82 ; GL Posting Dates: 070104-063005
Check Issue Dates:
082204-093004
PE TO
PE Nam AO= NUEER / JOB NUvEER
Invoice Mid)er
D;s=ption St Disc. Ant.
Dist. Atm.
V01916
V01916
V01916
V01916
V01916
JPPA PETTY CASH, 8010125000-6625/508800-6625
JARA PETTY CASfi, 8010110000-6240
JARA PETTY CASH: 8010110000-6235
JARA PETTY GVH, 8010110000-6625
JARA PETTY CASH, 8010125000-6399/505700-6399
090204
090204
090204
090204
090204
P1ro a[n Expense PD 0.00
Mire Reuri�rs FD 0.00
[�etifigs & Cknfe PD 0.00
PPi�am� Expense PD 0.00
Professional Ser.PD 0.00
17.77
16.06
47.32
25.00
27.74
PEID 0Paid: 133.89
Total:
133.89
V95334
V95334
JC6EPH & ASSOC, 8110155000-6345
JOSEPH & ASSOC, 8110155000-6345
A1111
A1111
7/04 MvE RE M FD 0.00
7/04 CDB; REH CR FD 0.00
2,720.00
3,400.00
PEIDd:
0.00
d:
6,120.00
Total:
6,120.00
V96319
IAURAIN & ASSCCT 8010125000-6399/501500-6399
7684
P.PFRAISAL/726 N PD 0.00
1,200.00
PEIDdo
1,200.00
Total:
1,200.00
V03126
V03126
V03126
V03126
V03126
LAIN =CI\PL 8000000000-3010
LTNCjLN N�ITTCIAL 8000000000-3010
LIN= =CNAL 8000000000-3010
LIINCOLN =CFAL 8000000000-3010
LINCOIN NA MAL 8000000000-3010
2320/0401018
2320/04010181119/04
2320/0401018
2325/0401019
2325/0401020
8/04 FD 0.00
8/04 FD 0.00
8/04 PD 0.00
PD 0.00
PR 20 PD 0.00
63.84
42.05
176.53
176.53
176.53
PES Ulpmid:
0.00
Paid:
635.48
Total:
635.48
V00403
M24n7IA REP= 8010125000-6305/508800-6305
88778
24X36" PID ERZNIY PD 0.00
77.94
PES d:
0.00
Paid:
77.94
Total:
77.94
V07140
Ma2ECAM & ASSOC 8010110000-6220
101204
INIEWED G3JT AC PD 0.00
135.00
PEID Upaid:
0.00
ci
sa HP
STING
ty Mme Page 4
71llJ eOCTA14, 2004, 7 :20 PM --req:----- leg: C1, JL--loc BI-= --- job: I339817 #J1245 ---p g: C 0 <1i34> -art id: CHFLTE202
SECT FUU Ckxles: 80-82 ; C1, Posting Kites: 070104-063005 ; Check Issue Rtes: 082204-093004
PE ID PE Nam AOJ= NUvEE t / JOB N 4M:Z Trice Umber D:scripticn St Disc. A[rt. Dist. Ant.
- Paid: 135.00
Total: 135.00
V01582
NE= CCrvn ICA 8010110000-6915
635925025024
635925025025
635925025-024 In FD 0.00
635925025-025 IN PD 00.00
71.33
47.55
V01582
NEWEL 0244MCA 8010110000-6915
PEID
paid:
118.88
Total:
118.88
V00540
OFFICE LEFOT IIS 8010110000-6530
25462199500163-794:CIASSIF
254621995001
FD 0.00
63-752:CLk8SIF PD 0.00
22.17
19.03
V00540
V00540
OFFICE DEPOT INC 8010110000-6530
OFFICE LEST INC 8010110000-6530
254621995001
5-166:MUL N PD 0.00
4.17
2.37
V00540
OFFICE LEFOT INC 8010110000-6530
254621995001
254621995001
3-046:SHARPIE PD 0.00
L75906:NML PD 0.00
r.527-432:FAX
17.83
W0540
V00540
OFFICE LEEOT INC 8010110000-6530
OFFICE LEFOr RE 8010110000-6530
254621995001
FX- FD 0.00
59.09
PEID d:
'Paid:
0.00
124.66
Total:
124.66
V01440
OVERLAND PACIFIC 8010125000-6399/501500-6399
0407054
1ZELCCATICN PLAN PD 0.00
726 N DA11 CN REL PD 0.00
2,200.00
187.50
V01440
UMMAND PACIFIC 8010125000-6399/501500-6399
PACIFIC 8010125000-6399/501500-6399
0407055
0406151
RELC ATICN PLAN PD 0.00
300.00
V01440
V01440
OJFBLADD
OVERLAND PACIFIC 8010125000-6399/501500-6399
0408055
726 N L1AMIONI REL PD 0.00
2,077.50
PEIDLid:
0.00
Paid:
4,765.00
Total:
4,765.00
V92617
PRICE FAMILY 8210135000-7001/503301-7001
092004
PRICE CCB NIE YR PD 00.00
145,203.30
PEID
Paid:
145,2003.030
Total:
145,203.30
V00353
pLEL,IC EDELC= 8000000000-2728
09043
08044
Fess payable PD 0.00
Pers Payable pD 0.00
1,552.06
1,552.06
W0353
V00353
pLELIC EMPLDCEES 8000000000-2728
RIKTC EMPLOYEES 8000000000-2728
08043
Pers Payable PD 0.00
1,628.14
PEID Cyd:
0.00
Paid:
4,732.26
u �r.
61
of Azusa HP 9000 10/14/04 O P E N H O L D D B LISTING By PeraxVEntity Nave
City E ----leg: GL JL --lac: BI -=---jab: 339817 4M45 --- prog: CH400 <1.344>--1qDort id:
OCT 14, 2004, 7:20 PM --req: INC
SELECT FLDID Cbdes: 80-82 ; GL Fbstirz3 Dates: 070104-063005 ; Check Issue Dates: 082204-093004
PE ID PE Nage AmaNT Nmuz / JCS Nu4m Invoice Reber D:�=pticn St Disc. Ant. Dist.
Page 5
CHFUIIRR02
Ant.
Total:
4,732.26
V04138
RELIASM LIFE I 8000000000-3054
2410/040101818/04
PD 0.00
1.87
V04138
RFrsAtirAR LIFE I 8000000000-3053
2410/0401018
018/04 PD 0.00
2.50
PEID d:
LVd:
0.00
4.37
Tbtal:
4.37
V08192
SCH:�i & PSS 8010125000-6345/508800-6345
073004
PID E2ZWY PRJ NG FD 0.00
1,890.00
PEIDd:
0.00
d:
1,890.00
Total:
1,890.00
V08056
SPA[\Um,UE 8000000000-2725
1220/0401019
PR#19/04 PD 0.00
40.04
V08056
SU*UARD, UE 8000000000-2725
090804
CSTY PAID LIFE/S PD 0.00
78.03
V08056
STPD, UE 8000000000-2725
1220/0401018
PR#18/04 PD 0.00
40.04
V08056
SI)MAM, THE 8000000000-2725
1220/0401020
PR 20 PD 0.00
40.04
MID Ulmid:
0.00
d:
198.15
Total:
198.15
V01899
SUMEY PEEP CIN 8010125000-6815
536400
8/04 PEST SVC -62 PD 0.00
95.00
V01899
SUMEY FEST CCN 8010125000-6815
526644
7/04 PEST SVC -62 FD 0.00
95.00
V01899
FY FEST CCN 8010125000-6815
529852
8/04 P= SVC -61 PD 0.00
45.00
V01899
FV
SU)N P= CCN 8010125000-6815
526643
7/04 PEST SVC -63 PD 0.00
55.00
V01899
STlMEY PESP CCN 8010125000-6815
536399
8/04 PEST SVC -63 PD 0.00
55.00
V01899
SrMN= PEST CCN 8010125000-6815
519871
7/04 PEST SVC -61 PD 0.00
45.00
PEIDLh� d:
0.00
Paid:
390.00
Tbtal:
390.00
V02675
STliIB OF CA.LIFUZ 8000000000-2724
82004090226000
HEALTH/FFkS/SF FI PD 0.00
7.38
V02675
S= OF CALIKR 8000000000-3051
H2O04090226000
I�1L SE PD 0.00
1,679.04
City of AzUSa. HP 9000 10/14/04 O P E N H O L D D B LISTING By Felson/Entity Nene
=------1e3: GL Jlr-loc: BI-Tr7�I--- jcb: 339817 #M45---pm3: CH 00 <1.3 >--i rt id:
Pace 6
CHH 02
MT,, OCT 14,
2004, 7:20 PM --Ieq:
190.00
SELECT FU\D
CbCbs: 80-82 ; GL Posting Dates: 070104-063005
Check Issue Dates:
082204-093004
PE ID
PE Name A03JNr N[NER / JCB NCNIBFR
Invoice Nud)er
Des=pticn
St Disc. Ant. Dist. Art.
V06783
STATE sl= BAN 8000000000-3010
2310/0401018pp
1310/0401018
U18/04
18/04
PD 0.00
FD 0.00.
309.56
90.00
V06783
STATE SIP= BAN 8000000000-3010
2,895.99
1,582.55
V08052
URS CaRPCRAITCN 8010125000-6399/505700-6399
1196595
PROVIDE
PEID UlDai
PEIDd:
0.00
Paid:
399.56
d:
4,478.54
Total:
399.56
V04909
LN[M LIFE INSURA 8000000000-3044
1255/0401020 O401018PpR
20
1804
FD 0.00
FD 0.00
111.00
111.00
V�04909
MM LIFE INSM 8000000000-3044
LNLM LIFE RSM 8000000000-3044
125509
/0401019
U19/04
PD 00.00
111.00
PEID Uipald:
0.00
PEID XPaid:
0.00
d:
70.13
333.00
333.00
V02832
U;dPN LAND = 8010110000-6230
169072
ULI =/JA4N DO FD O0.00
190.00
PEID
0.00
PaiDtU
d:
190.00
Total:
190.00
V08052
URS CGRUCRATICN 8010125000-6399/505700-6399
1261496
P INITIAL
INITIAL
PD 0.00
PD 0.00
2,895.99
1,582.55
V08052
URS CaRPCRAITCN 8010125000-6399/505700-6399
1196595
PROVIDE
PEIDd:
0.00
d:
4,478.54
Total:
4,478.54
V00388
V00388
VERDIN (GIE) 8010110000-6915
VERDIN (GIE) 8010110000-6915
082804
072804
626-1975078
626-1975078
PD 0.00
FD 0.00
37.66
32.47
PEID Uipald:
0.00
d:
70.13
Total:
70.13
V00876
K%gMU`TCN MALA 8000000000-3010
2330/0401018
2330/0401018
18/04
18/04
PD 0.00
PD 0.00
90.00
292.34
V00876
V00876
4yA,4-IQ\T I= MJILA 8000000000-3010
b�1qu lg3ICN MTILA 8000000000-3010
2330/0401018
18/04
119/04
FD 0.00
578.71
V00876
VASHI�'TLN MALA 8000000000-3010
2335/0401019
2335/0401020
FR 20
PD 0.00
PD 0.00
292.34
292.34
V00876
w%9DjU'ICN MJIIA 8000000000-3010
PEID Upaid:
0.00
City of Azusa HP 9000 10/14/04 O P E N H O L D D B L I S T I N Gttyy PageTHU
�:
OCT 14,
2004, 7:20 AM --req: 106E ------leg: GL JL,-loc: BI-'TE<lI---jcb:
339817 W1245 --- CH400<1.34> -re c t
id: CHFUR02
SECFZ'I' FUC
Com: 80-82 ; GL Posting hates: 070104-063005
Check Issue Dates: 082204-093004
PE ID
PE N3rre PL= NIS / JCB N ER
Invoice Nurter D--=pticn St Disc. Ant.
Dist. Ant.
Paid:
1,545.73
Total:
1,545.73
V06179
wmr= KA= 8010110000-6915
25327 25327 1NMICE EA PD 0.00
8.00
V06179
WEREESS WE= 8010110000-6915
24891 24891 1N17 MUD FD 0.00
8.00
PEID UT)aid:
0.00
Paid:
16.00
16.00
G R AN D
TOTAL
ThTotal:
paid:
207,3105.035
Total:
207,315.35
Gro nc) 1 oto- I 4 ZZ41331, 21
L"1111MMwr
CITY OF AZUSA
MINUTES OF THE AZUSA PUBLIC FINANCING AUTHORITY
REGULAR MEETING
MONDAY, JULY 19, 2004 - 9:11 P.M.
The Board of Directors of the Azusa Public Financing Authority of the City of Azusa met
In regular session at the above date.
Chairperson Mayor Madrid called the meeting to order.
ROLL CALL
PRESENT: DIRECTORS: HARDISON, STANFORD, CHAGNON, ROCHA,
MADRID
ABSENT: DIRECTORS: NONE
ALSO PRESENT:
General Counsel Carvalho, Executive Director Cole, City Department Heads, Secretary
Mendoza, Deputy Secretary Toscano.
Call to Order
Roll Call
Also Present
THE REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING AUTHORITY Convene Jointly
CONVENED JOINTLY WITH THE CITY COUNCIL AT 8:21 P.M. TO CONSIDER THE CRA, APFA
FOLLOWING:
Adoption of the Fiscal Years 2005-2009 Capital Improvement Program KIP) CIP Budget
Budeet. d3
City Manager Gutierrez Introduced the Capital Improvement Program (CIP) Budget
for Fiscal Years 2005-2009, stating that this will Increase the appropriations in the City Mgr
amount of $15,973,737 for Fiscal Year 2005. She stated that, as discussed at the July Comments
12'" Council Workshop, which the $35,000 endowment fund for security for the City
Auditorium, be de -funded.
Councilmember Hardison addressed item in the Water Fund, Shelter Roof at Gladstone
Bins (new) in the amount of $100,000 and Sewer Fund Bunker Roof Installation at City
Yards (new) in the amount of $40,000. He asked that the funds be held in abeyance, Hardison
and that these items be re-examined regarding the necessity of them. Comments
Mayor Pro -Tem Stanford requested Chief of Police Davis be allowed to provide an
update on the on the Council Chamber Security Assessment. Chief of Police Davis
responded detailing how the Issue came about, which was basically due to attacked on Stanford
Council Chambers throughout the Country. He requested that Council members' COP
review the Security Assessment Report in order to further understand the Issues Comments
Involved.
Moved by Councilmember Hardison, seconded by Counclimember Rocha and
unanimously carried to adopt the City's and the Redevelopment Agency's Capital
Improvement Program (CIP) Budget for fiscal years 2005-2009, with the exception of
items regarding the Shelter Roof at Gladstone Bins and Sewer Fund Bunker Roof CIP Approved
Installation at City Yards, until it is clarified that there is a need for them. As Amended
City Manager Gutierrez advised that the funding for the Auditorium Security in the City Mgr
amount of $35,000, was approved In May of this year, so if there was a need to look Comments
into the.feasibility of the item, no action is needed at this time. No action was taken . Re: Aud Sec
on the Auditorium Security Item.
THE REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING AUTHORITY
RECESSED AT 8:35 P.M. AND THE CITY COUNCIL TO CONTINUED. CRA/APFA
Recessed
Moved by Director Hardison, seconded by Director Rocha and unanimously carried that
the minutes of the regular meeting of April 19, 2004, be approved as written. Min approved
Moved by Director Hardison, seconded by Director Rocha that the Azusa Public
Financing Authority Treasurer's Report as of June 30, 2004, be received and riled. Treas Rpt
Approved
It was consensus of the Boardmembers to -adjourn.
Adjourn
TIME OF ADJOURNMENT: 9:12 P.M.
SECRETARY
NEXT RESOLUTION NO. 04-P2.
07/19/04 PAGE TWO
APFA CONSENT ITEM
TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD
FROM: URIEL E. MACIAS, AZUSA PUBLIC FINANCING
GGjAUTHORITY TREASURER
DATE: OCTOBER 18, 2004
SUBJECT: AZUSA PUBLIC FINANCING AUTHORITY TREASURER'S STATEMENT OF CASH
BALANCES FOR THE QUARTER ENDED SEPTEMBER 30, 2004
RECOMMENDATION
It is recommended that the Board Members receive and file the Azusa Public Financing
Authority Treasurer's Statement of Cash Balances for the quarter ended September 30, 2004.
--BACKGROUND
Transmitted herewith is the Treasurer's Report for the Azusa Public Financing Authority for
quarter ending September 30, 2004. Authority investments are made in accordance with the
Authority Investment Policy adopted and approved with Resolution No. 03-P3 dated October
6, 2003, and Government Code Section 53601.
The Azusa Public Financing Authority is the issuer of two bond issues -the 1994 Sewer System
Project Refinancing Certificates of Participation, and the 2003 Capital Improvement Project
Refinancing Certificates of Participation. The funds for these issues are restricted for payment
of debt service on the bonds, and are held and invested by various fiscal agents who are
trustees for the bonds.
For quarter ending September 30, 2004, fiscal agents held total investments of $786,276.95.
Net interest collections for the quarter were $10,636.55, and $542,11 1.40 in other revenues
was received. Debt service payments of $552,386.33, and a transfer of $10,285.00 to the
City, were disbursed.
FISCAL IMPACT
The balance of cash and investments and projected revenues for the next six months are
expected to be sufficient to meet cash disbursement requirements for at least the next six
months.
Prepared by: Roseanna J. Jara, Sr. Acct. -Redevelopment
UEM:Rll/c
CITY OF AZUSA
AZUSA PUBLIC FINANCING AUTHORITY
TREASURER'S STATEMENT OF CASH
AND INVESTMENT BALANCES
QUARTER ENDING SEPTEMBER 30, 2004
Adjusted Beginning Cash Balance` $787,582.41
(All Restricted and Unrestricted Accounts & Investments)
Receipts (All Sources) $561,365.87
Disbursements ($562,671.33)
Ending Cash Balance
(All Restricted and Unrestricted Accounts & Investments)
$786,276.95
Uriel E. Macias,Agen%Treasurer
AIG Matched Funding Corporation
2003 CIP Refunding COP'S Subtotal:
ry
No limit $482,500.00 Investment Agreement
$493,136.34
Interest Collections: $20.06
Total - Azusa Public Financing
Authority Cash and Investments:
$786,276.95
9 9 1.152/a $10,626.06
7/29/2020 4.400% 482,500.00
$493,136.34
$786,276.95 1
CITY OF AZUSA
AZUSA PUBLIC FINANCING AUTHORITY
TREASURY BOOK BALANCES - CASH AND INVESTMENTS
QUARTER ENDING SEPTEMBER 30, 2004
Maximum
Deposits
Interest
Mkt
Bank Accounts
Allowed
Amount Pledged Securities
Maturity
Rate
Value
CASH AND INVESTMENTS HELD BY FISCAL AGENT
Wells Fargo Bank, Trustee
1994 Sewer Refunding Certificates of Participation
Installment Payment Fund
Wells Fargo Treasury Plus MMkt
No Limit
$14.33 N/A
Ongoing
0.000%
$14.33
>$100,000 collaterized by 110% in govn't securities
Reserve Fund
Cash
No Limit
$0.00 FDIC up to $100,000.00
Ongoing
None
$0.00
>$100,000 collaterized by 110% in govn't securities
Wells Fargo Treasury Plus MMkt
No Limit
$8,599.62 N/A
Ongoing
0.994%
$8,599.62
Berkshire Hathaway Inv Agrmt
N/A
$284,526.66 Guaranteed Investment Agreement
6/1/2023
6.040%
$284,526.66
1994 Sewer Refunding COP's Subtotal:
$293,140.61
$293,140.61
Interest Collections:
$8,617.92
2003 CIP Refunding Certificates of Participation
Lease Payment Fund
AIM Gov't Portfolio
No Limit
$10.28 Investments in direct obligations of the U.S. Treasury
Ongoing
1.167%
$10.28
Reserve Fund
AIM Gov't Portfolio
No limit
$10 626.06 Investments in direct obligations of the U S Treasu
On o'n
AIG Matched Funding Corporation
2003 CIP Refunding COP'S Subtotal:
ry
No limit $482,500.00 Investment Agreement
$493,136.34
Interest Collections: $20.06
Total - Azusa Public Financing
Authority Cash and Investments:
$786,276.95
9 9 1.152/a $10,626.06
7/29/2020 4.400% 482,500.00
$493,136.34
$786,276.95 1
CITY OF AZUSA
AZUSA PUBLIC FINANCING AUTHORITY
TREASURY BOOK BALANCES • CASH AND INVESTMENTS
QUARTER ENDING SEPTEMBER 30, 2004
Maximum
Deposits Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value
Total Interest Collections: $10,636.55
Source of Market Value Information:
Wells Fargo Bank, Trustee
Bond Data is based on Trustee -generated Statements; bond funds listed herein are restricted for
payment of debt service and governed by strict regulations described in the Trust Indentures.
• �u
AZUSA
AGENDA ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL NAKASONE, DIRECTOR OF PUBLIC WORKS
VIA: JULIE A. GUTIERREZ, CITY MANAGER
DATE: OCTOBER 18, 2004
SUBJECT: AUDITORIUM SECURITY PROJECT
STAFF RECOMMENDATION
It is recommended that the City Council evaluate the bids for the Auditorium Security Project and
authorize bid award to Armstrong Construction in the amount of $21,556.
COMMISSION RECOMMENDATION
Both the Architectural Barriers and Cultural/Historical Preservation Committees approved the
project as presented at their meeting of September 21, 2004. Both commissions acknowledged
the need for heightened security as well as the general design concept.
BACKGROUND
During the budget review process for the FY 2005 Capital Improvement Projects, the City Council
raised questions about the Auditorium Security Project. This project entailed both the installation
of both barrier fencing(protecting the dias from the audience) as well as bullet resistant panels on
the inside of the dias (protecting the Council from gunfire). The cost for this project was
estimated at $35,000. Council members expressed concerns about the financial impact of this
project and instructed staff to do the following;
1. Evaluate other bids to ascertain a more precise project budget.
2. Meet with the Architectural Barriers Commission for their input on the proposed
design.
3. Meet with the Cultural and Historical Preservation Commission for their input on
the proposed design.
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Public Works staff has received (3) bids for the project. The (3) bids in their ascending order of
cost were as follows;
1. Armstrong Construction $21,556.
2. Carri Construction $34,965.
3. Protective Partitions $37,427.
Staff recommends bid award to the low bidder, Armstrong Construction, in the amount of
$21,556.
FISCAL IMPACT
The cost for this project will be $21,556. Funding for this project is cost savings from the
Memorial Park Building Improvement Project completed in FY 2004.