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HomeMy WebLinkAboutAgenda Packet - September 15, 2008 - CCe �k AGENDA CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM 213 EAST FOOTHILL BOULEVARD AZUSA CITY COUNCIL JOSEPH R. ROCHA MAYOR KEITH HANKS COUNCILMEMBER URIEL E. MACIAS COUNCILMEMBER MONDAY, SEPTEMBER 15, 2008 6:30 P.M. ANGEL CARRILLO MAYOR PRO -TEM ROBERT GONZALES COUNCILMEMBER NOTICE TO THE PUBLIC Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available forpublic inspection at the City Library. Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card requesting to speak and shall submit it to the City Clerkprior to the start of the City Council meeting. When called, each person may address any item on or off the agenda during the public participation. CEREMONIAL 1. Presentation of proclamation to lifelong resident, Grace Ruelas Ayon in celebration of her 99h Birthday. 2. Presentation of checks to Azusa and Gladstone High School Golf teams from Kids Come First Tournament. 3. Recognition to Serviceman Ricky Sotela on his military promotion. 4. Certificates of Recognition to Candyce Vaughns, Andrea Del Toro, Joanna Sema, and Trisha Barney, participants of the 2008 Relay For Life. CLOSED SESSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957) Title: City Manager 2. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier Organizations ACEA, AMMA, and APMA 3. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION Gov. Code Sec 54956.9 (b) One Case. Any person wishing to comment on any of the Closed Session items listed above may do so now. 7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL. • Call to Order • Pledge to the Flag • Invocation — Reverend LeRoy of the First Assembly of God Church A. PUBLIC PARTICIPATION (Person/Group shall be allowed to speak without interruption up to five (S) minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments.' Public Participation will be limited to sixty (60) minutes time.) ly B. REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL Mayor Rocha a. Request for $100 sponsorship to Jasmine Mendez of Gladstone High to attend cheerleading camp. b. Feasibility of working with AUSD to enforce the use of helmets when riding bikes to and from school. c. Request for certificate of recognition to the Azusa Civitans on receiving Statewide recognition for the most Civic projects. d. El Proyecto Del Barrio Director Lorraine Gutierrez to provide an update on the clinic. e. Schedule a date for Board and Commission Interviews. f. Request for certificates of recognition to Michael Volanos, Stuart Goss, and Robert Augostine, for attaining the rank of Eagle Scout. g.. Request for proclamation to the Marine Corps in celebration of its 233'a Birthday. 2. Request for certificates of appreciation for sponsors of the Summer Reading Program, to be awarded at the October 6th City Council Meeting. Ms. Julianne Smith of Center for Academic Service Learning and Research at Azusa Pacific University, and Shahla Shahsavari, Assistant City Librarian will announce this year's federal work-study participation in the Azusa Reads, Writes, & Counts, and Azusa Calculates programs conducted at the Azusa City Library. 09/15/08 PAGE TWO v 4. Request for proclamation for Mean Ochoa in celebration of her retirement from the Human Relations Commission. 5. Request for certificate of appreciation to Margaret A. Marston as she retires with ten years of service to the City of Azusa as reference librarian at the Azusa City Library. 6. Request for a proclamation declaring the month of October as 2008 Fire Prevention Month. C. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECL4L CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 2, 2008. RECOMMENDED ACTION: Approve Minutes as written, 2. RECREATION DIVISION PURCHASE OF (2) SETS OF SCOREBOARDS IN THE AMOUNT OF $20,656.79 PER SET FOR A TOTAL OF $41.313.58 FROM DAKTRONICS. RECOMMENDED ACTION: Approve the purchase of (2) sets of scoreboards to replace the existing Memorial Park Recreation Center scoreboard and to install new scoreboard in the former National. Guard Armory in the amount of $20,656.79 (per set) or a total of $41,313.58 from Daktronics — Anaheim, CA. sI. PURCHASE OF .THIRTY-THREE MOTOROLA HANDHELD RADIOS. RECOMMENDED ACTION: Approve the purchase of thirty three Astro Digital XTS1500 handheld radios from Motorola Inc., c/o Communication Center. This purchase, which includes batteries, antennas, programmable software, remote microphones and battery chargers, totals $45,077.50. PURCHASE OF ONE 2007 CHEVROLET TAHOE. RECOMMENDED ACTION: Approve the purchase of one 2007 Chevrolet Tahoe from Clippinger Chevrolet, 2000 E. Garvey Avenue South, West Covina, CA 91791, in an amount not to exceed $33,365.96. It is further recommended to approve the purchase of this vehicle based on a competitive bid process completed by the City of El Cajon in which they ordered two 2007 Chevrolet Tahoes, Order #88220. AZUSA READS. WRITES & COUNTS AND AZUSA CALCULATES, OFF -CAMPUS FEDERAL WORK-STUDY PROGRAM AGREEMENTS WITH AZUSA PACIFIC UNIVERSITY. RECOMMENDED ACTION: Approve two Off -Campus Federal Work -Study Program Agreements; one for AZUSA READS and another for AZUSA CALCULATES and authorize City Manager to sign. EMPLOYER/EMPLOYEE RELATIONS RESOLUTION. RECOMMENDED ACTION: Adopt the rules and regulations consistent with California Government Code Sections 3507, which empowers a municipal corporation to adopt reasonable rules and regulations for the administration of employee relations. The City has met with each employee association and achieved agreement on the language of the proposed resolution. Adopt Resolution No. 08-79, presented to the Azusa City Council for consideration and adoption. PAGE THREE f' 7. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 08-C80. CONVENE AS THE REDEVELOPMENT AGENCY D. AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF SEPTEMBER 2 2008. RECOMMENDED ACTION: Approve Minutes as written. 2. WARRANTS. Two separate resolutions authorizing payment of warrants by the Agency. RECOMMENDED ACTION: Adopt Resolution Nos. 08-R39 and 08-R40. E. ADJOURNMENT 1. Adjourn in memory of Martin Solorio, Larry Mathis, and all the victims of September l l cs UPCOMING MEETINGS: September 22, 2008, Utility Board Meering — 6:30 p.m. (Victor Hodge School -700 W. l lb St. Azusa) October 6, 2008, City Council Meering — 6:30 p.m. (Auditorium) October 20, 2008, City Council Meering — 6:30 p.m. (Auditorium) October 27, 2008, Utility Board Meeting — 6:30 p.m. (Light and Water Conference Room) In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of thepublic at the following locations: Azusa City Clerk's Office - 213 E. Foothill Boulevard, Azusa City Library - 729N. Dalton Avenue, and Azusa Police Department Lobby - 725N. Alameda, Azusa, California. In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate in a city meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working daysprior 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. 09/15/08 PAGE FOUR A CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 2, 2008 — 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, located at 213 East Foothill Boulevard, Azusa, CA, 91702. Closed Seas Mr. Art Morales addressed properties in the 600 block North San Gabriel asking about their former status; he questioned El Proyecto Del Barrio clinic services, and also asked when King Ranch Market would be leaving. The City Council recessed to Closed Session at 6:38 p.m. to discuss the following: Recess 1. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) - Real Prop Neg Property Address: 624 — 630 N. San Gabriel Boulevard, Azusa, CA 91702 624-630 San Negotiating Parties: JK Partnership, Property Owner Gabriel Agency Negotiators: City Manager Detach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment 2. REAL PROPERTY NEGOTIATIONS (Gov. Code See. 54956.8) Real Prop Neg Address: 622 N. San Gabriel Avenue, Azusa, CA 91702 622 San Gabriel Negotiating Parties: Gonzalez John A/Miller Christine A, Property Owners Agency Negotiators: City Manager Detach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of Payment 3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Property Address: 640, 632 N. Alameda and 204 E. Foothill Boulevard, Azusa, CA 91702 640,632 Negotiating Parties: Patterson Milo UPatterson Trust, Property Owner Alameda and 204 Agency Negotiators: City Manager Detach and Assistant City Manager Makshanoff Foothill Under Negotiation: Price and Terms of payment 4. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Property Address: 906,908 & 912 N. Alameda Avenue, Azusa, CA 91702 906, 908 & 912 Negotiating Parties: Miller Samuel Trust/Miller Samuel, Property Owners Alameda Agency Negotiators: City Manager Detach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment 5. REAL PROPERTY NEGOTIATIONS (Gov. Code See. 54956.8) Real Prop Neg Property Address: 190 W. 9' Street, Azusa, CA 91702 190 W. 91 St. Negotiating Parties: Foothill Drug Store, Kakui Lau, Business Owner Agency Negotiators: City Manager Detach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment 6. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Address: - 150 N. Azusa Avenue, Azusa, CA 91702 150 N. Azusa Negotiating Parties: EI Proyecto Del Barco— Corinne Sanchez, President/CEO City Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of Payment 7.. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Property Address: 150 W. 9th Street, Azusa, CA 91702 150W. 91 St. Negotiating Parties: King Ranch Market, Aner Iglesias, Business Owner Agency Negotiators: City Manager Detach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment 8. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec 54957.6) Conf w/Labor Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier Neg ACEA, Organizations ACEA, AMMA, and APMA AMMA, APMA The City Council reconvened at 7:39 p.m. City Attorney Carvalho advised that there was no reportable Reconvened action taken in Closed Session. City Attorney Mayor Rocha called the meeting to order. Mr. Zachary led in the Salute to the Flag. INVOCATION was given by Father Gustavo Castillo of Saint Frances of Rome. ROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE - ALSO PRESENT: City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Police Chief Garcia, Library Director Tovar, Director of Economic and Community Development Christianson, Assistant Community Development Director McNamara, Controller Michaels -Aguilar, Director of Public Works/Assistant City Manager Haes, City Clerk Mendoza, Deputy City Clerk Toscano. - PUBLIC PARTICIPATION Call to Order Flag Salute Invocation Roll Call Also Present Pub Part Ms. Ginny Dadaian introduced Mr. Bres Myers newly elected Student Body President of Azusa Pacific G. Dadaian - University who was proud to aanounce that Bryan Clay of APU is an Olympic Gold Medal Winner. Ms. B. Myers Dadaian announced that City Links will again be held in the City on four Saturdays in September and they Comments are seeking projects; the purpose is for new incoming students to connect to families in Azusa. She noted City Links they will be cleaning up the river and sister city house. Mr. Mike Lee commented on the success of the VFW fundraiser for servicemen and their families; the M. Lee Planning Commission Workshop; Election in 2009; and asked that all pray for troops. Comments Ms. Carly Quezada and Ashlee Polarek, Girl Scouts, addressed Council to talk about the fun in being a Girl C. Quezada Scout and about projects they do in the program. A.Polarel Scouts Ms. Lee Ann Polarek of the Girl Scouts addressed Council announcing that there is a need for Girl Scouts L. Polarek and Girl Scout Leaders; she too, talked about the many things that can be learned and the fun that can be Girl Scouts had by being a Girl Scout. There will be a community event on Saturday, September 271° from 9 a.m. — 12:00 noon at Memorial Park in Azusa; for more information call Vicky Homes at 334-2154. Ms. Judi Phipps of the Girl Scouts addressed Council to talk about her years in scouting and provided J. Phipps statistics regarding girls that have gone to college or achieved management positions due to their Girl Scouts experiences with scouting. Mr. Wayne Blake addressed Council expressing his opinion in favor of Proposition 8. He announced a W. Blake meeting will be held on the issue at Northside Park at 9 a.m. on Saturday. Prop 8 . Ms. Faye Pierson of Kay and Kay Manufacturing addressed Council with concerns regarding code violation citation at her place of business; she detailed the issue and asked that something be done about the F. Pierson problems in the area. Code Violations Mr. David Cordier, Attorney for Ms. Pierson, also addressed the issues of the code enforcement violations, D. Cordier detailing the history of the property and suggestions regarding resolution of the problems. Code Violations Ms. Suzanne Avila announced the Smart Gardening Workshop to be held on Saturday, September 2& at S. Avila the River Park sponsored by the Los Angeles County Department of Public Works; it will teach the art of Smart Gardening composting, planting and bins will be given to the fust 100 people. - Mr. Art Morales congratulated and thanked Uriel Macias for his service in the Na gra Navy; suggested that A. Morales - decathlon champion Bryan Clay be recognized by Council; asked for a local phone number for the Humane Comments Society, and gave other suggestions for the City. REPORTS- UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Councilmember Carrillo announced that Morris Dam will be releasing water from September 3rd -56, and Carrillo reminded all of the dangers; he also reminded all that school is back in session and to be aware of the Comments children walking to and from school; lastly, that Fennimore street is fully operational and open. 09/02/08 PAGE TWO Councilmember Gonzales noted that there was no dance floor at the last concert in the park due to wiring; Gonzales he congratulated Bryant Clay, Gold Medal Winner, and advised that Staff is working with APU to arrange Comments )f4 a time and place for formal recognition. Councilmember Macias stated that residents on the 800 block of Angeleno and North San Gabriel are Macias . interested in lighting as its pitch black at night in the area and asked Light and Water to look into the Comments matter. Discussion was held regarding the ABC Neighborhood, painting of the railroad overpass and wall, repaving of National Little League, temporary parking at the Verizon building in the downtown area and a potential mortgage payment workshop with Assemblyman Hernandez office, attorneys, etc. Councilmember Hanks congratulated Bryant Clay for his achievements at the Olympics as well as other Hanks athletes and asked that recognition be provided to all of them. He announced that SCAG will be having a Comments workshop on climate change and rules for green house gas on Thursday and asked that along with the workshop on AB 32 at the Utility Board Meeting he would like to discuss potential contest about the use of solar energy. Mayor Rocha asked that the meeting be adjourned in memory of Catalina Ramirez; announced free yard Rocha sale Saturday and Sunday; asked who the owner of the catwalk that connects intersection of Viceroy and Comments , Halteru as residents see it as a hazard; invited anyone to help with clean up at Citrus Crossings held there on Sundays from 8 a.m. — 9 a.m.; announced City Links will be held on September 13's, 20'" 276 and October 4' and requested a City trash bin on Pasadena by the church. Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously carried to Sponsorship approve request for $100 sponsorship to Maricela Contra of Gladstone High to attend cheerleading camp. M. Current Moved by Councilmember Macias, seconded by Mayor Pro -Tem Carrillo and unanimously carried to Cert. M. Double approve request for a certificate of recognition for Ms. Marian Double for 25 years of dedicated service as 25 years a teacher in the Charter Oak School District. Teacher SCHEDULED ITEMS Sched Items CONTINUED PUBLIC HEARING — APPEAL OF PLANNING COMMISSION DENIAL OF A USE Cont Pub Hrg PERMIT TO ALLOW THE CONSUMPTION OF ON-SITE BEER AND WINE IN CONJUNCTION Use Permit WITH A BONA FIDE RESTAURANT (USE PERMIT 2008-02). Susana's Rest Assistant Community Development Director McNamam addressed the issue stating that this is an appeal of C. McNamara the June I I' denial by Planning Commission who raised concerns regarding the project and its proposed Comments incompatibility with the neighboring adult business; the addition of alcohol and its contribution to crime in the area by an over concentration of on -sale licenses; Staff recommended approval of the use. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of said Hrg Open notice published in the Azusa Herald on July 24, 2008. Ms. Susana Gomez, Applicant, addressed the issue via translator, Ms. Maim Gomez, her daughter, S. Gomez responded to questions posed stating that the hours of operation are 10 a.m. — 8 p.m. on weekdays and 8 via interpreter a.m. — 8 p.m. on weekends, the restaurant has operated for one year and she would like to offer on-site beer Comments and wine to increase business. Mr. Art Morales addressed the Hearing expressing his opinion in favor of the sales of on -sale beer and A. Morales wine staling that he has visited the restaurant; further, he objected to the adult business in the area and Comments noted that the accordion steel gates are not the responsibility of the applicant. Discussion was held between Councilmembers, City Attorney and Staff regarding on-site consumption, re - striping of the parking lot — not the tenants responsibility, the use permit, the question of increased crime, Discussion over concentration of liquor licenses and the creation of a long lasting establishment. City Attorney Carvalho advised that the adult business in the area was not to be considered in making finding for approval; it is a fust amendment right for that business to be there and fording could be made by City Attorney approving the resolution as the report includes findings. Comments Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales and unanimously carred to close the Public Hearing. Hrg Closed Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING USE PERMIT Res. 08-075 NO. UP 2008-02, A REQUEST TO PERMIT THE ON-SITE AND CONSUMPTION OF BEER AND Approve Use WINE IN CONJUNCTION WITH A BONA FIDE RESTAURANT CURRENTLY IN OPERATION Permit No. UP (SUSANA'S RESTAURANT), AT 1197 W. ARROW HIGHWAY. 2008-02 09/02/08 PAGE THREE Moved by Councilmember Macias, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PUBLIC HEARING — ON ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY (MTA) Pub Hrg CONGESTION MANAGEMENT PROGRAM (CMP) LOCAL DEVELOPMENT REPORT. CMP Economic and Community Development Director Christianson addressed the issue stating that Congestion K. Christianson Management Program (CMP) was mandated as a result of a voter -approved initiative in 1990 and Comments establishes requirements for every city in Los Angels County and counties to adopt measures designed to reduce traffic congestion in the region. He noted that MTA had implemented a system of debits and credits that assign point values to development projects and congestion relief but in 2003 it was suspended and reporting is still required. He provided a summary of the homes built and demolished last year. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice Hrg Open of said hearing published in the San Gabriel Valley Tribune on August 21, 2008. Testimony was solicited but none was received. Moved by Councilmember Gonzales, seconded by Mayor Hrg Closed Pro -Tem Carrillo and unanimously carried to close the Public Hearing. _ Mayor Pro -Tem Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, FINDING THE Res. 08-076 CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) Adopting Local AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH Development CALIFORNIA GOVERNMENT CODE SECTION 65089. Report and self certification Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A RESOLUTION OPPOSING FISCALLY IRRESPONS03LE STATE BUDGET DECISIONS THAT State Budget WOULD "BORROW' LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION Fiscally FUNDS. Irresponsible City Manager Delach addressed the issue stating that this is at the request of the League of California City Mgr Cities; since the State has not adopted its budget there is a need to protect the redevelopment funds which Comments will impact the City via developments, reduction of COPS fmding/Helicopter service program and CIP purchases. Councilmember Hanks offered a Resolution entitled A RESOLUTION OF THE CITY OF AZUSA OPPOSING FISCALLY IRRESPONSIBLE STATE Res. 08-C77 BUDGET DECISIONS THAT WOULD `BORROW" LOCAL GOVERNMENT REDEVELOPMENT Opposing AND TRANSPORTATION FUNDS. - State Budget Decisions Moved by Councilmember Hanks, seconded by Councilmember Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: . COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The CONSENT CALENDAR consisting of Items D-1 through D-8 was approved by motion of Consent Cal Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried with the exception Approved of items D-5 and D-6, which were considered under the Special Call portion of the Agenda. 1. The minutes of the regular meeting of August 4, 2008, were approved as written. Min appvd 09/02/08 PAGE FOUR 2. Human Resources Action Items were approved as follows: HR Action Items Merit Increase and/or Regular Appointments: O. Bruno, A. Magana, S. Salvatorm, C. Wilkins, R. Landeros, C. Grant, J. Saathoff, B. Parra, T. Montague, N. Carpenter, and V. V illagomez. New Appointment: R. Sok, Police Records Specialist I. Flexible Staffing Promotion: J. Sanchez, Water Dist. Worker 11 and R. Gonzalez, Water Dist. Worker H. Reclassification: M, Bustamante, Transportation Dispatcher and I. Del Tom, Senior Management Analyst. Separation: H. Hamilton and S. Peterson. 3. The City Treasurer's Report as of July 31, 2008 was received and filed. City Treas Rpt 4. The Memorial Park Roof Replacement Project Contract was awarded to Lavey Roofing Services, Mem Pk Roof Inc. Replacement 5. SPECIAL CALL ITEM. 6. SPECIAL CALL ITEM. Spec Call Spec Call 7. Approval was given for the purchase of the NICE, Mirra Series IV Digital Communications (voice) Digital Comm Logger from Versatile Information Products (VIP), Inc. in an amount not to exceed $30,413.39; Logger PD based on VIP, Inc. satisfying Azusa Municipal Code 2-522 (c), competitive bidding already completed under CMAS# 3-07-70-2453A and GSA# GS -3517-05791, for this product. 8. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 08-C78 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Special Call Councilmember Gonzales asked about the reconstruction of Foothill/Huntington Drive west of the City and Gonzales when they may be addressed. City Manager Delach responded stating that City of Irwindale has committed Comments to reconstruction Foothill Boulevard to the City of Azusa boundaries and the proposed item is a design for Azusa's portion; he staled staff would look into the Duarte side of Huntington Drive. Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously carded to Reconstruction award a design contract to Coory Engineering to immediately begin design for the reconstruction of Foothill Blvd Foothill Boulevard and authorize the City Manager to execute the agreement. Councilmember Macias asked that the schedule for the Block 36 Storm Drain construction be phased in Macias sections andthattemporary parking be provided. Staff responded that they would make every effort to Comments comply with the request. Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried to NIB Block 36 authorize Staff to solicit Notice Inviting Bids (NIB) for the Block 36 Storm Drain Improvements. Storm Drain THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT Cad Recess 9:24 P.M. THE CITY COUNCIL RECONVENED AT 9:29 P.M. CRA Convene ORDINANCES/SPECIAL. RESOLUTIONS Councilmember Hanks offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING PORTIONS OF THE AZUSA ZONING CODE AND DEVELOPMENT CODE CONCERNING THE DOWNTOWN NORTH H TARGET OVERLAY ZONE AND PROPERTY BOUNDED BY AZUSA AVENUE, NINTH STREET, SAN GABRIEL AVENUE AND THE METRO GOLD LINE FOOTHILL EXTENSION RIGHT-OF-WAY. Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Carrillo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 09/02/08 PAGE FIVE Ord/Spec Resos Ord 08-010 Amend Zoning Code and Dev Code Downtown North H Target Overlay Zone City Attorney Carvalho responded to comments made by Councilmember Gonzales and advised that since City Attorney there were not enough applications received for Board and Commission vacant positions to be filled that Comments the application period be extended for two weeks. In the event sufficient umber of appfications are not Brds & Com received, the question will be placed on the agenda of September 151°. - Councilmember Macias thanked staff for repairing the clock tower and asked that staff look into the Macias feasibility of pressure washing the sidewalks in the downtown area. Comments Mayor Rocha suggested that the mortgage payment workshop which Mr. Macias was proposing could be Rocha held in conjunction with a similar type workshop he discussed formerly with the City Manager, it would Comments include mortgage companies and attorneys. It was consensus of Councilmembets to adjourn in memory of Catalina Ramirez, Mary to Kennedy, Amelia de Anda Picazo and Simon Rodriguez. UPCOMING MEETINGS: September 15, 2008, City Council Meeting -6:30 p.m. (Auditorium) September 22, 2008, Utility Board Meeting — 6:30 p.m. (Victor Hodge School -700 W. 11" St. Azusa) October 6, 2008, City Council Meeting — 6:30 p.m. (Auditorium) October 20, 2008, City Council Meeting — 6:30 p.m. (Auditorium) October 27, 2008, Utility Board Meeting— 6:30 p.m. (Light and Water Conference Room) - TIME OF ADJOURNMENT: 9:34 P.M. CITY CLERK NEXT RESOLUTION NO. 2008-C79. NEXT ORDINANCE NO. 2008-011. 09//02/08 PAGE SIX Adjourn in Memory of C. Ramirez, M. Kennedy A. Picazo & S. Rodriguez Upcoming Meetings OR CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES M VIA: F. M. DELACH, CITY MANAGER DATE: SEPTEMBER 15, 2008 SUBJECT: APPROVE THE RECREATION AND FAMILY SERVICES DEPARTMENT — RECREATION DIVISION PURCHASE OF (2) SETS OF SCOREBOARDS IN THE AMOUNT OF $20,656.79 PER SET FOR A TOTAL OF $41,313.58 FROM DAKTRONICS — ANAHEIM, CA. RECOMMENDATION: It is recommended that City Council approve the Recreation and Family Services Department — Recreation Division purchase of (2) sets of scoreboards to replace the existing Memorial Park Recreation Center scoreboard and to install new scoreboard in the former National Guard Armory in the amount of $20,656.79 (per set) or a total of $41,313.58 from Daktronics — Anaheim, CA. BACKGROUND: As approved in the 2007-2008 Capital Improvement Project Budget, the Armory's renovation will include a scoreboard which will be utilized in future youth and adult sports programming. The Memorial Park scoreboard was a donation to the Department from San Dimas High School (approximately 10 years ago) and is in disrepair and in dire need of replacement. The Kids Come First Golf Tournament Committee has selected the replacement of the scoreboards as the primary focus of the $20,000 in net proceeds generated in the 2008 Golf Tournament. Other benefactors included the Azusa High School and Gladstone High School Golf programs as well as the entire community, who were invited to participate in "free swim" at the James Slauson Park Aquatics Center during the 4a' of July and Labor Day holiday weekends. Additionally, funds have been augmented by the Azusa Light & Water Public Benefit Fund, whose contribution to the project is validated through the use of energy efficient LED lighting as depicted in the project description: Daktronics — LED Uniview Tuff Sport Scoreboard, marquee and shot clocks $20,656.79 1 Daktronics BB - #2103 Basketball scoreboard and I BB - #2101 basketball scoreboard with 1 Daktronics indoor marquee and two shot clocks. Price includes removal of existing scoreboards and installation. Three written quotations were obtained as noted below. The lowest bidder for the project was Daktronics. 1. Daktronics - $20,656.79 2. Tomark - $20,810.88 3. Nevco - $23,528.70 FISCAL IMPACT: Full funding for the scoreboard, removal and installation is held specifically in the following accounts as listed below: Memorial Park Scoreboard Azusa Light and Water Public Fund (Account #24-40-739-082-MMuniB-6625) $10,000.00 Kids Come First Golf Tournament (Account #50-00-000-129-2719) $10,656.79 $20,656.79 Armory Scoreboard Azusa Light and Water Public Fund (Account #2440-739-082-MMuniB-6625) $10,000.00 CIP Armory Project (Account #49-80-000-7120/41008A-7120) $7,000.00 Kids Come First Golf Tournament (Account #50-00-000-129-2719) $3,656.79 $20,656.79 GRAND TOTAL $41,313.58 CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE hl VIA: F.M. DELACH, CITY MANAGER DATE: SEPTEMBER 15, 2008 SUBJECT: PURCHASE OF THIRTY-THREE MOTOROLA HANDHELD RADIOS RECOMMENDATION It is recommended that the City Council approve the purchase of thirty three Astro Digital XTS 1500 handheld radios from Motorola Inc., c/o Communication Center. This purchase, which includes batteries, antennas, programmable software, remote microphones and battery chargers, totals $45,077.50. BACKGROUND The Motorola Saber handheld radios used by the majority of our officers are over 12 years old. Recently we have experienced a significant increase in frequency and cost of repair of these radios due to their age, wear and usage. The fact that Motorola no longer manufactures the Saber radio or its parts only exacerbates the on-going repair problems. This purchase will provide our patrol officers with reliable Astro handheld radios that come with a one year manufacturer's warranty. It is anticipated that additional handheld radios will be purchased later this fiscal year if the BRULTE/COPS grant is funded by the State. 1 Three written quotes were obtained from authorized Motorola dealers as follows: 1. Communications Center — City of Glendora, CA $45,077.50 2. Comserco — City of Riverside, CA , $45,752.06 3. Connect Wireless Solutions — City of Ontario, CA $48,376.76 FISCAL IMPACT The Fiscal Year 2008/2009 adopted budget included: $39,250 in General Fund account #10203100006569 $5,845 designated in the BRULTE/COPS grant account 426203100006569 2 CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE VIA: F.M. DELACH, CITY MANAGER DATE: SEPTEMBER 15, 2008 SUBJECT: PURCHASE OF ONE 2007 CHEVROLET TAHOE RECOMMENDATIONS It is recommended that the City Council approve the purchase of one 2007 Chevrolet Tahoe from Clippinger Chevrolet, 2000 E. Garvey Avenue South, West Covina, CA 91791, in an amount not to exceed $33,365.96. It is further recommended that City Council approve the purchase of this vehicle based on a competitive bid process completed by the City of El Cajon in which they ordered two 2007 Chevrolet Tahoes, Order #88220. BACKGROUND The Police Department budgeted for a 2007 Chevrolet Tahoe to replace the current Field Supervisor Vehicle, which is a 2006 Ford Police Interceptor. The current Field Supervisor Vehicle will replace an existing gang unit, which is a 2004 Ford Police Interceptor with over 85,000 patrol miles. The gang unit will be retired from the Police Department fleet through the City Purchasing Department. The Tahoe provides the extra storage space needed for emergency safety equipment that Field Supervisors are required to carry in the field (sample photo attached). The added storage space will allow Field Supervisors to carry such equipment in a safer and more accessible fashion. The Tahoe is also designed to carry the added weight of emergency safety equipment and is pursuit safety -rated, meeting California Highway Transportation Safety Standards. The cost of the Tahoe is $33,365.96 inclusive of tax and tire fees. FISCAL IMPACT The Fiscal Year 2008/2009 adopted budget included $49,900 in Equipment Replacement account 946203100007135 to cover this purchase as well as the necessary emergency safety equipment (e.g., lights, siren, cage, push -bars, etc.) that will be purchased and installed at a later date. Prepared by: Rick Sanchez, Corporal Sam Gonzalez, Captain Photo of equipment in Azusa P.D. Field Supervisor's Trunk. e-� CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ALBERT TOVAR, LIBRARY DIRECTOR VIA: F. M. DELACH, CITY MANAGER DATE: SEPTEMBER 15, 2008 SUBJECT: APPROVAL OF AZUSA READS, WRITES, COUNTS and AZUSA CALCULATES, OFF -CAMPUS FEDERAL WORK-STUDY PROGRAM AGREEMENTS WITH AZUSA PACIFIC UNIVERSITY RECOMMENDATION It is recommended that the City Council approve two Off -Campus Federal Work -Study Program Agreements; one for AZUSA READS, WRITES, COUNTS (AZUSA RWC) and another for AZUSA CALCULATES and authorize the City Manager to sign the attached agreements between Azusa Pacific University (APU) and the City of Azusa. BACKGROUND This program will be starting its eighth year of collaboration and operation with APU and the Azusa Unified School District (AUSD). The mission of the Azusa RWC program is to equip and encourage the elementary school children of Azusa in developing literacy skills through a free after-school tutoring program. A companion program for math tutoring was started in 2007 to help AUSD middle school students with algebra. Also, early in the calendar year for 2008, basic skills components called Azusa Writes and Azusa Counts were added to Azusa Reads. Effective July 1, 2000, new Federal Work Study (FWS) requirements stated that higher education institutions would be required to use at least 7% of their total FWS allocation to employ students in community services jobs. Additionally, these institutions must employ one FWS student as a reading tutor for preschool, elementary school or a family literacy project. In order for APU to meet the Federal requirements and receive their funding, it has chosen to continue its participation in the Azusa RWC and Azusa Calculates Program. As a result, the Office of Community Service Learning and Student Employment Services have again contacted the Azusa City Library for continuance of these important programs at the Azusa City Library. The Azusa City Library and the Azusa community derive benefit from this program by increasing library usage, developing better readers, and students who understand basic math. Description of the Azusa Reads, Writes, Counts and Azusa Calculates Programs Azusa Reads, Writes and Counts and Azusa Calculates programs operate from the Azusa City Library. This program provides 15-25 after-school tutors at the Azusa City Library to assist preschool and elementary students in reading and math. The programs are coordinated through the Office of Community Service Learning. An assigned coordinator works with City Library staff, and tutors to facilitate the implementation of this program. All recruitments, training, placements and supervision of the tutors are the responsibilities of the APU coordinators. City Library staff provides some training, especially local logistics and a basic orientation and welcome for the program's tutors. Additionally, City Library staff members participate in the year-end assessment and celebration to evaluate and recognize student and tutor achievement. This year the Azusa Reads Write and Counts begins @ the Library on September 15, 2008; Azusa Calculates begins on September 29, 2008 and both programs will end on April 29, 2009. The program will operate from Monday through Thursday after school. FISCAL IMPACT There is no fiscal impact on the Library's budget. All funds to support this program are provided by APU through the Federal Work -Study Program. The library and city residents receive intangible benefits as a result of tutoring Azusa's youth. 2008-2009 OFF -CAMPUS FEDERAL WORK-STUDY PROGRAM AGREEMENT This agreement is entered into between Azusa Pacific University, hereinafter known as the "Institution," and Azusa Unified School District, hereinafter known as the "Organization" for the purpose of providing work to students eligible for the Federal Work -Study Program (FWS). The Institution shall attach schedules to this Agreement from time to time which set forth brief descriptions of the work each student will perform, the total number of participating students, the hourly rate of pay, the average number of hours per week each student will work, and the maximum amount of wages each student may receive. Each schedule shall bear the signature of a duly authorized official of the Institution. I. The Institution will make available to the Organization students for the performance of specific work Assignments. Students may be removed from work on a particular assignment or from the Organization or Institution, either on their own initiative or at the request of the Organization or Institution. The Organization agrees that no student will be denied work or subject to different treatment under this Agreement on the grounds of race, color, national origin, religion, sex, marital status, age, disability, or veteran status. The work described in any Schedule attached to the Agreement shall satisfy the following requirements: The work will be in the public interest. 2. Students working under the Agreement will not displace or replace permanent employees or impair existing service contracts. If the Organization has an employment agreement with an organization, the Organization's employees must not be replaced with FWS students. 3. The work will not involve political activity associated with a candidate or with a contending faction or group in an election for public or party office, and will not involve lobbying on the federal, state, or local level. 4. The work will not involve construction, operation, or maintenance of any facility used, or to be used, for sectarian instruction or as a place of religious worship. 5. No student will work more than 19.5 hours weekly during periods of enrollment. No student will work during periods of non -enrollment. The Fair Labor Standards Act of 1938, as amended, prohibits employers (including schools) from accepting voluntary services from any paid employee. 6. A student can only be paid for hours worked and may not be paid for lunch, vacation, holiday, sick days, or other hours not actually worked. M The Institution agrees to pay 100 percent of the total wages earned by a student under this agreement up to the assigned maximum earnings. The Organization will pay 100 percent of wages earned in excess of the total assigned maximum earnings. The Institution will pay 100 percent of the total wages during a student's training period (training to be provided by the Organization). lul Neither the Institution nor the Organization shall provide or pay for a student's transportation expenses to and from the place where he or she regularly performs services for the Organization. 1V Azusa Pacific University students working under the Federal Work -Study Program are eligible for workers' compensation benefits provided that they adhere to Azusa Pacific University published" guidelines regarding such benefits. The Institution agrees to pay for workers' compensation benefits that an Azusa Pacific student may be eligible for while working at the Organization. V This agreement supersedes all previously dated cooperative agreements for the Federal Work -Study Program and terminates on June 30, 2009. Either party may terminate this agreement by providing a thirty (30) day written notice to the other party. In Witness Thereof, The Institution and Organization have executed this Agreement this day of 2008. Institution: Azusa Pacific University 901 E. Alosta Avenue Azusa, CA 91702 By: Deana Porterfield Vice President of Enrollment Management Signature Date Organization: City of Azusa Library 729 N. Dalton Avenue Azusa, CA 91702 By: Fran Delach City Manager Signature Date FEDERAL WORK-STUDY PROGRAM SCHEDULE 2008-2009 Description of work to be performed by Azusa Pacific University students: Reading, writing and math mentors/tutors for local elementary school students Number of students to be employed: Hourly rate of pay: Weekly amount of hours allowed per student: Institution: AZUSA PACIFIC UNIVERSITY 0 Organization: CITY OF AZUSA LIBRARY 15-25 (depending on availability of students) $8.40 8-17 Date: By Date: 2008-2009 OFF -CAMPUS FEDERAL WORK-STUDY PROGRAM AGREEMENT This agreement is entered into between Azusa Pacific University, hereinafter known as the "Institution," and Azusa Unified School District, hereinafter known as the "Organization" for the purpose of providing work to students eligible for the Federal Work -Study Program (FWS). The Institution shall attach schedules to this Agreement from time to time which set forth brief descriptions of the work each student will perform, the total number of participating students, the hourly rate.of pay, the average number of hours per week each student will work, and the maximum amount of wages each student may receive. Each schedule shall bear the signature of a duly authorized official of the Institution. The Institution will make available to the Organization students for the performance of specific work Assignments. Students may be removed from work on a particular assignment or from the Organization or Institution, either on their own initiative or at the request of the Organization or Institution. The Organization agrees that no student will be denied work or subject to different treatment under this Agreement on the grounds of race, color, national origin, religion, sex, marital status, age, disability, or veteran status. The work described in any Schedule attached to the Agreement shall satisfy the following requirements: 1. The work will be in the public interest. 2. Students working under the Agreement will not displace or replace permanent employees or impair existing service contracts. If the Organization has an employment agreement with an organization, the Organization's employees must not be replaced with FWS students. 3. The work will not involve political activity associated with a candidate or with a contending faction or group in an election for public or party office, and will not involve lobbying on the federal, state, or local level. 4. The work will not involve construction, operation, or maintenance of any facility used, or to be used, for sectarian instruction or as a place of religious worship. S. No student will work more than 19.5 hours weekly during periods of enrollment. No student will work during periods of non -enrollment. The Fair Labor Standards Act of 1938, as amended, prohibits employers (including schools) from accepting voluntary services from any paid employee. 6. A student can only be paid for hours worked and may not be paid for lunch, vacation, holiday, sick days, or other hours not actually worked. F The Institution agrees to pay 100 percent of the total wages earned by a student under this agreement up to the assigned maximum earnings. The Organization will pay 100 percent of wages earned in excess of the total assigned maximum earnings. The Institution will pay 100 percent of the total wages during a student's training period (training to be provided by the Organization). III Neither the Institution nor the Organization shall provide or pay for a student's transportation expenses to and from the place where he or she regularly performs services for the Organization. IV Azusa Pacific University students working under the Federal Work -Study Program are eligible for workers' compensation benefits provided that they adhere to Azusa Pacific University published guidelines regarding such benefits. The Institution agrees to pay for workers' compensation benefits that an Azusa Pacific student may be eligible for while working at,the Organization. V This agreement supersedes all previously dated cooperative agreements for the Federal Work -Study Program and terminates on June 30, 2009. Either party may terminate this agreement by providing a thirty (30) day written notice to the other party. In Witness Thereof, The Institution and Organization have executed this Agreement this day of .2008. Institution: Azusa Pacific University 901 E. Alosta Avenue Azusa, CA 91702 By: Deana Porterfield Vice President of Enrollment Management Signature Date Organization: City of Azusa Library 729 N. Dalton Avenue Azusa, CA 91702 By: Fran Delach City Manager Signature Date FEDERAL WORK-STUDY PROGRAM SCHEDULE 2008-2009 Description of work to be performed by Azusa Pacific University students: Math mentors/tutors for local middle school students Number of students to be employed: Hourly rate of pay: Weekly amount of hours allowed per student: Institution: AZUSA PACIFIC UNIVERSITY M Organization: CITY OF AZUSA LIBRARY 6-10 (depending on availability of students) $10.60 Oro Date: By: Date: /7 or Zg0k CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM HUMAN RESOURCES DIRECTOR VIA: F.M. DELACH, CITY MANAGER DATE: SEPTEMBER 15, 2008 SUBJECT: EMPLOYER/EMPLOYEE RELATIONS RESOLUTION RECOMMENDATION It is recommended that the Azusa City Council adopt the rules and regulations consistent with California Government Code Sections 3507, which empowers a municipal corporation to adopt reasonable rules and regulations for the administration of employee relations. The City has met with each employee association and achieved agreement on the language of the proposed resolution. Therefore, the attached resolution is presented to the Azusa City Council for consideration and adoption. BACKGROUND Approximately ten (10) years ago, Human Resources Director Dottie Wallace began the process of developing an Employer/Employee Relations Resolution. This project is now complete. The City has developed current language that meets the needs of the City and each of the Associations representing City employees. The Resolution has also been reviewed and approved by the City Administrative Services Director, City Attorney and City Manager. FISCAL IMPACT None. This is an administrative process. . 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 seg.) 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 SECTION 2. PURPOSE OF RULES & REGULATIONS SECTION 3. DEFINITIONS SECTION 4. EMPLOYEE RIGHTS SECTION 5. ADVANCE NOTICE 1 3 E 3 5 5 SECTION 6. FILING OF RECOGNITION PETITION BY EMPLOYEE ORGANIZATION 6 SECTION 7. CITY RESPONSE TO RECOGNITION PETITION 7 SECTION 8. OPEN PERIOD FOR FILING CHALLENGING PETITION 8 SECTION 9. ELECTION PROCEDURE 8 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 13 SECTION 14. SUBMISSION OF CURRENT INFORMATION BY AN EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION 14 SECTION 15. EMPLOYEE ORGANIZATION ACTIVITIES -- USE OF CITY FACILITIES 14 SECTION 16. ADMINISTRATIVE RULES AND PROCEDURES 14 SECTION 17. INITIATION OF IMPASSE PROCEDURES 14 SECTION 18. IMPASSE PROCEDURES 15 SECTION 19. COSTS OF IMPASSE PROCEDURES 16 SECTION 20. CONSTRUCTION 16 SECTION 21. SEVERABILITY 16 2 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 defmitions, 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 in person 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; (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, 3 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; (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: Per the California Government Code Section 3507.3, "employees engaged in work requiring specialized knowledge 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 City on the effective date of this Resolution are deemed the Exclusively Recognized Employee Organization in the unit in which they are recognized; 0) 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; n (1) EMPLOYEE RELATIONS OFFICER: means the City Manager (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 and shall have the right to represent themselves individually in their employment relations with the City. 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. Section 5. Advance Notice. Reasonable written notice shall be given to an . Exclusively Recognized Employee Organization affected by any ordinance, rule, resolution policy or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and such organization shall be given the opportunity to meet with the City Council or its representative prior to adoption. In cases of a bona fide emergency when the City Council determines that an ordinance, rule, resolution or regulation must be adopted immediately, without prior notice or 5 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. In such cases, the ordinance, rule, resolution or regulation shall only last for the duration of the emergency. Section 6. Filing of Recognition Petition by Employee Organization An employee organization that seeks to represent unrepresented employees and 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; (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; 2 (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: Petition; and Section 10. (a) There has been compliance with the requirements of the Recognition (b) The proposed representation unit is an appropriate unit in accordance with 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 VA 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 13. 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 6. If such challenging petition seeks establishment of an overlapping unit, an election shall be held of the employees described in the Petition to determine which unit they shall be in. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards of Section 10. 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 13. 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, the Employee Relations Officer shall arrange for said election to be conducted by the California Mediation and Conciliation Service, or other impartial party, subject E 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 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 if it received a numerical majority of all valid votes cast in the election or after a run-off election of the highest two Employee Organizations if one did not get a majority; 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. E 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. (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 of 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. 10 Supervisory employees may be included in a unit consisting solely of supervisory employees or when there is a community of interest or, past precedence be included in a bargaining unit with non -supervisory employees. This section shall not impact the classifications in an existing unit at the time this Ordinance was approved. 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, from units in accordance with the provisions of this Section. r Section 11. Procedure for Decertification of an Exclusively Recoenized Employee Organization. A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer following the first full year of recognition. A Decertification Petition may be filed by an employee, an employee representative, or an employee organization no sooner than 120 days or later than 90 days prior to the expiration of an existing M.O.U.. 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. 11 U AGENDA SPECIAL MEETING OF THE CITY COUNCIL AZUSA AUDITORIUM MONDAY, SEPTEMBER 15, 2008 213 E. FOOTHILL BOULEVARD 6:30 P.M. • Preliminary Business • Call to Order • Roll Call • PUBLIC PARTICIPATION - Please note that public comments are welcomed by recognition of the Mayor. • CLOSED SESSION (to be held in conjunction with items listed on the regular agenda) • REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 150 N. Azusa Avenue, Azusa, CA 91702 Negotiating Parties: EI Proyecto Del Barrio - Corinne Sanchez, President/CEO City Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of Payment • Adjourn %n compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting,please contact the City Clerk at 616-812-5229. Notification three (3) working days prior to the meeting or time when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting"