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HomeMy WebLinkAboutAgenda Packet - April 21, 2014 - CC • 41010: ` Zed ,rC .41 AGENDA REGULAR MEETING OF THE CITY COUNCIL, THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY AND THE PUBLIC FINANCING AUTHORITY OF THE CITY OF AZUSA AZUSA AUDITORIUM MONDAY,APRIL 21, 2014 213 EAST FOOTHILL BOULEVARD 6:30 Ceremonial/Closed Session 7:30 P.M. Regular Meeting AZUSA CITY COUNCIL JOSEPH R. ROCHA MAYOR EDWARD J.ALVAREZ ANGEL CARRILLO COUNCILMEMBER COUNCILMEMBER URIEL E. MACIAS ROBERT GONZALES COUNCILMEMBER MAYOR PRO-TEM 6:30 P.M. 1. Call to Order 2. Roll Call CEREMONIAL 1. No items. CLOSED SESSION NOTICE TO THE PUBLIC FOR CLOSED SESSION Prior to going into closed session the City Council will convene in the Auditorium serving as Council Chambers to take public comment on the closed session items only. General public comment will be provided for during the regular portion of the meeting beginning at 7:30 P.M. 04/21/2014 - 1 - 1. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to California Government Code. Section 54957.6 City Negotiators: City Manager Makshanoff Organizations: ACEA (Azusa City Employees Association), AMMA (Azusa Middle Management Association), CAPP (Civilian Association of Police Personnel), Executive Management Group and Unrepresented and Part-time Employees. 7:30 P.M.REGULAR MEETING NOTICE TO THE PUBLIC FOR REGULAR MEETING In compliance with Government code Section 54957.5, copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are in file in the Office of the City Clerk - 213 E. Foothill Blvd.; copies for public view are in the Azusa City Library - 729 N. Dalton Ave., Azusa Police Department Lobby - 725 N. Alameda Ave., and the City of Azusa Web Page www.ci.azusa.ca.us. Persons who wish to speak during the Public Participation portion of the Agenda or on a Public Hearing item, shall fill out a card requesting to speak and shall submit it to the City Clerk prior to the start of the City Council meeting. Cards submitted after 7:30 P.M will not be accepted. 1. Call to Order 2. Roll Call 3. Pledge to the Flag—Mr. Vincent Valtierra 4. Invocation—Pastor Rubin Mora of Church of the Nazarene A. PUBLIC PARTICIPATION This time has been set aside for persons in the audience to make public comments on items within the subject matter jurisdiction of the council/agency board that are not listed on this agenda or are listed on this agenda as an item other than a public hearing item. Members of the audience will have the opportunity to address the city council/agency board about public hearing items at the time the public hearing is held. Under the provisions of the Brown Act, the council/agency board is prohibited from taking action on oral requests, but may refer the matter to staff or to a subsequent meeting. The council/agency board will respond after public comment has been received. Each person or representative of a group shall be allowed to speak without interruption for up to five (5) continuous minutes, 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. B. REPORTS, UPDATES,AND ANNOUNCEMENTS FROM STAFF/COUNCIL 1. Councilmember Macias: Ratify letter in support of Assembly Bill 2574. 2. Councilmember Carrillo: request to authorize the Mayor to sign a letter of support for the San Gabriel River Discovery Center. 3. Selection of Council for City Representative and Alternate to the California Contract Cities Association, for the period of April 2014 to March 2015. 04/21/2014 - 2 - C. SCHEDULED ITEMS 1. No items. D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Councilmembers or Staff wishes to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. MINUTES OF THE REGULAR MEETING OF APRIL 7, 2014. RECOMMENDED ACTION: Approve minutes as written. 2. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 14-C21 allowing certain claims and demands and specifying the fund out of which the same are to be paid. 3. LETTER OF AGREEMENT BETWEEN THE CITY OF AZUSA AND LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) — AZUSA INTERMODAL TRANSIT CENTER. RECOMMENDED ACTION: Authorize the City Manager to execute a Letter of Agreement (LOA) between the City of Azusa and Los Angeles County Metropolitan Transportation Authority (LACMTA) for $3,520,190 in grant funding for the Azusa Intermodal Transit Center. 4. FIRST AMENDMENT OF THE EXTENSION OF THE USE/LEASE AGREEMENT WITH AZUSA PACIFIC UNIVERSITY FOR THE SLAUSON PARK COMMUNITY POOL/AZUSA AQUATICS CENTER. RECOMMENDED ACTION: Approve the first amendment of the extension of the Use/Lease Agreement with Azusa Pacific University for the Slauson Park Community Pool/Azusa Aquatics Center from May 3, 2014—July 31, 2014. 04/21/2014 - 3 - • 5. RETAINER AGREEMENT. RECOMMENDED ACTION: Approve the Retainer Agreement for legal services from Manning & Kass. Ellrod, Ramirez, Trester LLP that are anticipated to arise from an Officer Involved Shooting that occurred on or about April 4, 2014, in an amount not to exceed$75,000 without written approval of the City Council. 6. RETAINER AGREEMENT. RECOMMENDED ACTION: Approve the Retainer Agreement for legal services from Manning & Kass, Ellrod, Ramirez, Trester LLP that are anticipated to arise from an accidental death that occurred on or about March 30, 2014, in an amount not to exceed$75,000 without written approval of the City Council. 7. APPROVAL OF REQUEST FOR PROPOSALS (RFP) FOR ARCHITECTURAL AND DESIGN SERVICES TO REHABILITATE THE SANTA FE DEPOT; APPROVAL OF AMENDMENT TO THE FY 2013/14 CAPITAL IMPROVEMENT PLAN ($100,000). RECOMMENDED ACTION: Approve the Request for Proposals (RFP) for architectural and design services to rehabilitate the Santa Fe Depot; and amend the FY 2013/14 Capital Improvement Plan to reflect this phase of the project budgeted at$100,000. 8. LEGISLATIVE UPDATE. RECOMMENDED ACTION: Approve the positions recommended on the legislative update. 9. RESOLUTION TO ADOPT THE NUMBER OF TRANSITIONAL FIREWORKS SALES PERMITS AVAILABLE FOR 2014. RECOMMENDED ACTION: Approve a Resolution No. 14-C22 to adopt the number of transitional fireworks sales permits available for 2014 and set that number at three. 10. RESOLUTION TO TERMINATE THE LOCAL EMERGENCY PROCLAIMED BY THE DIRECTOR OF EMERGENCY SERVICES ON FEBRUARY 26, 2014. RECOMMENDED ACTION: Adopt a Resolution to terminate Resolution No. 14-C15 which supported the ratification of a proclamation on a local emergency by the Director of Emergency Services (City Manager). 04/21/2014 -4 - 11. HUMAN RESOURCES ACTION !TEN RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). E. SUCCESSOR AGENCY RELATED BUSINESS. 1. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE SUCCESSOR AGENCY. RECOMMENDED ACTION: Adopt Resolution No. 14-R5. F. AZUSA PUBLIC FINANCING AUTHORITY 1. No Business. G. ADJOURNMENT 1. Adjourn in Memory of Mr. Manuel Valenzuela, former longtime Azusa resident. UPCOMING MEETINGS: April 28, 2014,Utility Board Meeting—6:30 p.m. Azusa Light&Water Conference Room; May 5, 2014, City Council Meeting—6:30 p.m. Closed Session/Ceremonial—7:30 p.m. Regular Meeting. May 19, 2014, City Council Meeting—6:30 p.m. Closed Session/Ceremonial—7:30 p.m. Regular 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 626-812-5229. 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. 04/21/2014 - 5 - 9;, ;, ";...4 tik, C r""'"Jr.' '''''T'-:::' : 1'7" 01 to s - ci;c 1 4,:L Us ' ` DECLARATION OF POSTING CITY COUNCIL, SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY, AND PUBLIC FINANCING AUTHORITY AGENDA I, , -4LI&( I' 1, 0, declare that: I am an employee of the City of Azusa. On CP 2'`),t_L t 12.E)CALf posted copies of the Agenda, as stated above for the meeting of `-i- ..Zt I/y. , in the City Clerk's Office, 213 E. Foothill Blvd.; the lobby of the Police epartment, 725 N. Alameda Ave.; the Civic Auditorium, 213 E. Foothill Blvd.; the City Library, 729 N. Dalton Ave.; and the and the City's Web Page www.ci.azusa.ca.us. A true, correct and complete copy of the agenda which I posted is attached hereto. I completed posting of the agendas as described in Paragraph two, at (- (I" I on the date of posting. Access to the agenda posted in the lobby of the Police Department and the Azusa City Library reference desk is available to members of the public during their normal business hours. The foregoing is within my personal knowledge and if called as a witness in a court of law, I could testify competently thereto. I declare under penalty of perjury that the forgoing is true and correct. EXECUTED `l//1//q , at Azusa, California. j STAFF MEMBER CITY CLERK'S OFFICE CITY OF AZUSA APPROVED COUNCIL MEET' Date, 4 z �� AZUSA CONSENT ITEM D-8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: APRIL 21, 2014 SUBJECT: LEGISLATIVE UPDATE RECOMMENDATION It is recommended that the City Council approve the positions recommended on the legislative update. BACKGROUND During the federal and state legislative sessions, bills are considered that may impact Azusa or cities in general. In order to keep the City Council informed of these bills, staff has developed the attached legislative update to track these important bills, including recommended positions. Following Council approval, staff will draft letters including the recommended positions and send them to Sacramento or Washington D.C. As bills are introduced, amended or there is a change in position from the League of California Cities, staff will provide the Council with updated position recommendations. The following are bills authored or sponsored by legislators that represent Azusa: AB 1980 (Hernandez, R.) Public Safety Services (OPPOSE) — Current law specifies the powers of the legislative bodies of cities. This bill would prohibit the legislative body of a general law city from eliminating its entire police or fire protection department except by an ordinance that is approved by a majority of the voters voting on the issue at a local election. This measure is a classic example of inappropriate and unjustified legislative interference in the sovereign decision making power of local governing bodies. If a city council decides whether, for fiscal, quality of service delivery, improved efficiency, regional collaboration or other reasons, that it is necessary or beneficial to provide for alternate police or fire protection through alternate means, there is no compelling reason for the state to impinge upon these decisions. AB 2715 (Hernandez, R.) District Based Municipal Elections (OPPOSE) — This bill would require the members of the legislative body of a city with a population of 100,000 or more, as determined by the most recent federal decennial census, to be elected by district. This bill would require that the boundary lines of each district be adjusted in accordance with specified provisions of law. The California Voting Rights Act already provides enormous legal leverage to any voter who seeks to challenge an at-large election system of a city, school district, community college district or any other district authorized by the state. By imposing, effective July 1, 2015, a district-based election on an estimated 29 cities, which fit the criteria of general law cities with populations at or above 100,000 and at-large election process, this measure would create a costly and chaotic environment costing millions of dollars to the affected agencies. AJR 39 (Hernandez, R.) Cable and Video Service (SUPPORT) - Assembly Joint Resolution (AJR) 39 seeks to remove use restrictions and allow states and their municipalities to determine the best use of public, educational, and governmental (PEG) channel support. Public, educational, and governmental (PEG) channels are public-access channels that connect citizens to their communities, and to greater political, educational, and cultural information. Specifically, the measure calls on Congress to amend Section 542 of Title 47 of the US Code to allow states and their municipalities to determine the best use of PEG channel support, to restore and protect funding for PEG operations, to allow states and local governments the flexibility to use PEG funding for legitimate expenses other than capitol expenses, and to ensure PEG channels are transmitted without charge to local governments. FISCAL IMPACT There is no fiscal impact associated with approving the legislative update. Attachment: Legislative Update Log City of Azusa 2014 Legislative Bill Report April — Update New Legislative Positions BILL DESCRIPTION AB 1521 Author: Fox, D. Title: Local Gov.: Property Tax Revenue Allocations: VLF Adjustments Position: Support Location: Assembly Committee on Local Government Summary: Beginning with the 2004-05 fiscal year, current law requires that each city, county, and city and county receive additional property tax revenues in the form of a vehicle license fee adjustment amount, as defined, from a vehicle license fee property tax compensation fund that exists in each county treasury. Current law requires that these additional allocations be funded from ad valorem property tax revenues otherwise required to be allocated to educational entities. This bill would modify these reduction and transfer provisions, for the 2014-15 fiscal year and for each fiscal year thereafter, by providing for a vehicle license fee adjustment amount calculated on the basis of changes in assessed valuation. While the VLF-property tax swap solved one problem, it created another in that it contained no provisions recognizing that cities would annex inhabited areas (an activity supported by various state policies) or that future incorporations would occur in a state with continued population growth. As a result, newly incorporated cities or areas annexed by cities after the 2004 tax swap received no backfill property tax dollars in order to compensate for lower VLF revenues. AB 1582 Author: Mullin, D. Title: Redevelopment: Successor Agencies: ROPS Position: Support Location: Assembly Committee on Appropriations Summary: Current law requires a successor agency to, among other things, prepare a Recognized Obligation Payment Schedule for payments on enforceable obligations for each 6-month fiscal period. This bill would revise the timeline for the preparation of the required Recognized Obligation Payment Schedule to provide that the successor agency prepare a schedule for an annual fiscal period. Shifting the ROPS process from every six months to once per year will save staff time by avoiding repetitive processing of non- controversial items; an annual cycle will also improve predictability especially since many former RDA debts will need to be repaid over several decades. AB 1963 Author: Atkins, D. Title: Redevelopment Position: Support Location: Assembly Committee on Appropriations Summary: Upon approval of a long-range property management plan, the plan governs and supersedes, all other provisions relating to the disposition and use of the real property assets of the former redevelopment agency. If the Department of Finance has not approved a long-range property management plan by January 1, 2015, existing law requires the property of a former redevelopment agency to be disposed of according to law. This bill would eliminate this latter requirement that would apply the earlier provisions to the disposal of the assets and properties of a former redevelopment agency. AB 1970 Author: Gordon, D. Title: Global Warning Solutions Act of 2006: Community Investment and Innovation Program Position: Support Location: Assembly Committee on Local Government Summary: Would create the Community Investment and Innovation Program and would require moneys to be available from the Greenhouse Gas Reduction Fund, upon appropriation by the Legislature, for purposes of awarding grants and other financial assistance to eligible applicants, as defined, who submit plans to develop and implement integrated community-level greenhouse gas emissions reduction projects in their region. The bill would require the Strategic Growth Council, in consultation with the state board, to administer the program, as specified. Furthermore, it creates a program to support local governments as they work to deliver greenhouse gas reducing, energy efficiency improving projects that will create jobs and improve the economy. AB 1980 Author: Hernandez, R. Title: Public Safety Services Position: Oppose Location: Assembly Committee on Local Government Summary: Current law specifies the powers of the legislative bodies of cities. This bill would prohibit the legislative body of a general law city from eliminating its entire police or fire protection department except by an ordinance that is approved by a majority of the voters voting on the issue at a local election. This measure is a classic example of inappropriate and unjustified legislative interference in the sovereign decision making power of local governing bodies. If a city council decides whether, for fiscal, quality of service delivery, improved efficiency, regional collaboration or other reasons, that it is necessary or beneficial to provide for alternate police or fire protection through alternate means,there is no compelling reason for the state to impinge upon these decisions. AB 2170 Author: Mullin, D. Title: Joint Powers Authorities: Common Powers Position: Support Location: Third Reading Summary: Current law provides that 2 or more public agencies, by agreement, may form a joint powers authority to exercise any power common to the contracting parties, as specified. This bill would provide that the parties to the agreement may exercise any power common to the contracting parties, including, but not limited to, the authority to levy a fee or tax, as specified. AB 2280 Author: Alejo, D. Title: Community Revitalizations and Investment Authorities Position: Support Location: Assembly Committee on Appropriations Summary: Would authorize certain local agencies, to form a community revitalization authority (authority) within a community revitalization and investment area, as defined to carry out provisions of the Community Redevelopment Law in that area for purposes related to, among other things, infrastructure, affordable housing, and economic revitalization. The bill would provide for the financing of these activities by, among other things, the issuance of bonds serviced by tax increment revenues, and would require the authority to adopt a community revitalization plan for the community revitalization and investment area that includes elements describing and governing revitalization activities. AB 2574 Author: Rodriguez, D. Title: Metro Gold Line Foothill Extension Construction Authority Position: Support Location: Assembly Committee on Transportation Summary: Existing law creates the Metro Gold Line Foothill Extension Construction Authority for purposes relating to the development of a light rail project extending from the City of Los Angeles to the Cities of Pasadena and Montclair. This bill provides the necessary authority and approval responsibilities over any future project to protect both SANBAG and Metro's interests; while allowing the Construction Authority to continue moving forward on its planning efforts to improve Southern California public transportation. AB2574 will allow the Construction Authority to continue planning the final extension of the light rail line from the Montclair TransCenter to the LA/Ontario International Airport. AB 2670 Author: Medina, D. Title: Small Business Technical Assistance Act of 2014 Position: Support Location: Assembly Committee on Jobs, Economic Development &the Economy Summary: AB 2670 designates the Governor's Office of Business and Economic Development as the lead state entity for overseeing the state's Small Business Development Centers. In addition, the state identifies the Small Business Development Centers as a federal program, operating in California, in order to promote and encourage California small businesses to take advantage of free counseling and low-to-no cost training and many other services provided by the Small Business Development Centers. AB 2715 Author: Hernandez, R. Title: District-based Municipal Elections Position: Oppose Location: Assembly Committee on Elections &Reapportionment Summary: Would require the members of the legislative body of a city with a population of 100,000 or more, as determined by the most recent federal decennial census, to be elected by district. This bill would require that the boundary lines of each district be adjusted in accordance with specified provisions of law. The California Voting Rights Act already provides enormous legal leverage to any voter who seeks to challenge an at-large election system of a city, school district, community college district or any other district authorized by the state. By imposing, effective July 1, 2015, a district-based election on an estimated 29 cities, which fit the criteria of general law cities with populations at or above 100,000 and at-large election process, this measure would create a costly and chaotic environment costing millions of dollars to the affected agencies. ACA 8 Author: Mullin, D. Title: Local Government Financing: Voter Approval Position: Support Location: Senate Assembly on Governance & Finance Summary: Would create an additional exception to the 1% limit for a rate imposed by a city, county, city and county, or special district, as defined, to service bonded indebtedness incurred to fund specified public improvements and facilities, or buildings used primarily to provide sheriff, police, or fire protection services, that is approved by 55% of the voters of the city, county, city and county, or special district, as applicable. This bill contains other related provisions and other existing laws. AJR 39 Author: Hernandez, R. Title: Cable and Video Service Position: Support Location: Third Reading Summary: This measure would call on the United States Congress to amend a specified federal law to allow states and their municipalities to determine the best use of public, educational, and government(PEG) channel support. SB 1014 Author: Jackson, D. Title: Pharmaceutical Waste: Home Generated Position: Support Location: Senate Committee on Business Professions & Consumer Services Summary: Would enact the Home-Generated Pharmaceutical Waste Collection Disposal Act and would define terms for purposes of the act. The bill would require a producer of covered pharmaceuticals to submit to the Department of Resources Recycling and Recovery, by July 1, 2015, except as specified, a product stewardship plan and would authorize one or more producers to submit a plan or designate a stewardship organization to act as an agent on behalf of the producers to submit a plan. This bill takes an important step in managing home-generated pharmaceutical waste by requiring product producers to address end-of-life issues for their products, thereby keeping them out local waterways or landfills and lowering the amount of waste that must be disposed in California. SB 1077 Author: DeSaulnier, D. Title: Vehicle-Miles-Traveled Charges Position: Support Location: Senate Committee on Transportation& Highways Summary: Would require the Department of Motor Vehicles to develop and implement, by July 1, 2015, a pilot program designed to assess specified issues related to implementing a vehicle-miles-traveled fee in California. The bill would also require the department to prepare and submit a specified report of its findings to the policy and fiscal committees of the Legislature no later than June 30, 2016. California's transportation system is in dire need of a fair, reliable and continuous funding source. The local streets and roads system alone has a 10-year funding shortfall of over $80 billion. Unfortunately, the current gas tax is not a sustainable funding source. In addition, it does not provide an opportunity for all users to contribute to the cost of the system. SB 1129 Author: Steinberg, D. Title: Redevelopment: Successor Agencies to Redevelopment Agencies Position: Support Location: Senate Committee on Appropriations Summary: Current law prohibits a successor agency from entering into contracts with, incur obligations, or make commitments to, any entity, as specified, or to amend or modify existing agreements, obligations, or commitments with any entity, for any purpose. This bill would authorize a successor agency, if the successor agency has received a finding of completion, to enter into, or amend existing, contracts and agreements, or otherwise administer projects in connection with enforceable obligations, if the contract, agreement, or project will not commit new property tax funds or otherwise adversely affect the flow of specified tax revenues or payments to the taxing agencies, as specified. It will provide a solution to the issue of unspent bond proceeds that are currently sitting when they could be put to work to implement important projects and create high-wage construction jobs. SB 1270 Author: Pavley, D. Title: Surface Mining Operation Position: Oppose Location: Senate Assembly on Natural Resources and Waste Summary: Would require an unspecified individual or entity to appoint the State Geologist and would make that individual responsible for the management of the California Geological Survey. The bill would also designate the Office of Mine Reclamation as the Division of Mines, would require an unspecified individual or entity to appoint a State Mine Inspector to be responsible for the management of the Division of Mines, and would prescribe the specific qualifications for that person. SB 1270 represents a major shift in land use responsibility from experienced lead agencies to a state agency, an action that seems unnecessary under current law. The state already has the authority to remove a jurisdiction from their lead agency status if they are not meeting the certain requirements. SB 1270 would erode local lead agency authority to regulate local mining operations, setting a dangerous precedent of the state usurping local land use authority from local governments. Previously Approved Legislative Positions BILL I DESCRIPTION` AB 194 Author: Campos, D Title: Open Meetings: Actions for Violations Position: Oppose Unless Amended Location: Senate Committee on Governance & Finance Committee Summary: The Brown Act already authorizes a district attorney or any interested party to seek judicial determination that an actions taken by a legislative body is null and void if the legislative body violated certain provisions of the act. This bill would expand the authorization for a district attorney or interested party to seek a judicial determination that an action taken by a legislative body is null and void if the legislative body violated the requirement that every agenda for a regular meeting or notice for a special meeting provide an opportunity for members of the public to address the legislative body on items being considered, as specified. AB 194 might be necessary if the Brown Act did not already expressly require public comment and criticism on any issue before the board or within its jurisdiction. AB 1147 Author: Gomez, D. Title: Massage Therapy Position: Support Location: Senate Committee on Business, Professions and Consumer Protection Summary: Current law specifies the requirements for the California Massage Therapy Council to issue to an applicant a certificate as a massage practitioner, including, but not limited to, successfully completing curricula in massage and related subjects totaling a minimum of 250 hours or the credit unit equivalent, as specified. This bill would additionally require an applicant for a certificate as a massage practitioner to pass a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards, and that is approved by the council. HR 29 Author: Gomez, D. Title: Outsourcing Public Services Position: Oppose Location: Assembly Committee on Public Employee Retirement and Social Security Summary: The Assembly opposes outsourcing of public services and assets, which harms transparency, accountability, shared prosperity, and competition, and supports processes that give public service works the opportunity to develop their own plan on how to deliver cost-effective, high-quality services. The Assembly intends to introduce and advocate for responsible outsourcing legislation. This resolution does not have the force of law, but legislators that are asked to vote on this are committing themselves to a pledge to vote on future bills related to the issue. Not only is this resolution harmful in its content but this resolution is designed to frame future votes before legislators know the details of actual legislation and local impacts. It is critical for local governments to maintain maximum flexibility in challenging fiscal times when delivering services and this resolution threatens our ability to do so. SB 199 Author: De Leon, D. Title: BB Devices Position: Support Location: Committee on Rules for Assignment Summary: Would delete the 6 millimeter restriction from the definition of a BB device. By including a device that expels a BB or pellet that exceeds 6 millimeters in caliber within the definition of a BB device, this bill would expand the scope of existing crimes, and impose a state-mandated local program. This bill contains other related provisions and other existing laws. SB 388 Author: Lieu, D. Title: Public Safety Officer and Firefighters: Investigations and Interrogations Position: Oppose Location: Committee on Rules for Assignment Summary: Would provide, under the Public Safety Officers Procedural Bill of Rights Act, that if an interrogation focuses on matters that may result in punitive action against a public safety officer or firefighter who is not formally under investigation, but is interviewed regarding the investigation of another public safety officer or firefighter, the public safety officer or firefighter being interviewed is entitled to representation, as specified. This bill goes beyond providing fair treatment to an officer under investigation and would require formal representation for every officer that is questioned about the investigation of another officer. By creating formal processes for witness officers, this measure would unduly interfere with an agency's duty to supervise the actions of its employees and unnecessarily delay investigations anytime an officer is asked about non- criminal misconduct, which could include acts of dishonesty, sexual harassment, violations of use-of-force policies, or employment discrimination." SB 1262 Author: Correa, L. (Co-sponsored by League of California Cities and Police Chiefs Association) Title: Medical Marijuana Position: Support Location: Introduced Summary: This measure is not an endorsement of the legalization of marijuana or a "gateway" bill to facilitate the legalization of recreational marijuana. This measure is fundamentally about three things: advancing local control, protecting public safety and creating uniform health and safety standards that ensure the lawful distribution of medical marijuana only in those cities and counties in which it is authorized. It carefully safeguards the right of cities and counties to decide whether to regulate and prohibit medical marijuana cultivation and distribution. Attached is a publication from the League of California Cities with additional information. APPROVED COUNCIL MEETING Date. 4c.\21 \14- ‘AzusA.., CONSENT ITEM D-10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, CITY MANAGER DATE: MARCH 3, 2014 SUBJECT: ADOPT RESOLUTION TO TERMINATE THE LOCAL EMERGENCY PROCLAIMED BY THE DIRECTOR OF EMERGENCY SERVICES ON FEBRUARY 26, 2014 RECOMMENDATION It is recommended the City Council adopt a Resolution to terminate Resolution No. 14-C15 which supported the ratification of a proclamation on a local emergency by the Director of Emergency Services (City Manager). BACKGROUND A local emergency proclamation was declared on February 26, 2014, due to heavy rains and the potential for mud and debris flow as a result of the January 2014 Colby Fire. The emergency declaration was made to provide assistance to the City of Azusa in response and recovery efforts, as needed. Now that the disaster is being managed by normal day-to-day operations, an emergency declaration is not required. Section 26-4 of the Azusa Municipal Code empowers the Director of Emergency Services (City Manager) to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session. The City Council ratified the Director of Emergency Services'proclamation of a local emergency by adopting Resolution No. 14-C15 on March 3, 2014. The situation resulting from conditions of extreme peril is now deemed to be within the control of the normal protective services, personnel, equipment, and facilities within the City. FISCAL IMPACT There is no fiscal impact. RESOLUTION NO. 14-C23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DECLARING TERMINATION OF THE LOCAL EMERGENCY PROCLAIMED BY THE DIRECTOR OF EMERGENCY SERVICES ON FEBRUARY 26, 2014 WHEREAS, Section 26-4 of the Azusa Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and WHEREAS, on February 26, 2014, the Director of Emergency Services of the City of Azusa proclaimed conditions of extreme peril to the safety of persons and property arose within the City of Azusa, caused by heavy rains combined with denuded hillsides that were the result of the Colby Fire, through the proclamation attached hereto as Exhibit A; and WHEREAS, the City Council ratified the Director of Emergency Services' proclamation of a local emergency by adopting Resolution No. 14-C15 on March 3, 2014; and WHEREAS, the situation resulting from said conditions of extreme peril is now deemed to be within the control of the normal protective services, personnel, equipment, and facilities of and within said City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: The City Council hereby declares that the state of local emergency proclaimed on February 26, 2014, is terminated, effective as of the date of this resolution. PASSED, APPROVED, and ADOPTED this 21st day of April, 2014. r` •�Gr'c''K. oseph R. Rocha Mayor ATTEST: =ff Ve Cornejo, / City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 14-C23 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 21st day of April, 2014, by the following vote of Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE l a411M1k ef" Oir ce Cornejo. r., / City C1-rk APPROVED AS TO FORM: Marc A. Marti z Best Best &Krieger LLP City Attorney RESOLUTION NO. 14-CIS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY. WHEREAS, section 26-4 of the Azusa Municipal Code empowers the City Council to proclaim a local emergency when the City of Azusa is affected or likely to he affected by a public calamity; and WHEREAS, the City Council has been requested by the Director of Emergency Services of the City to proclaim the existence of a local emergency therein; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City of Azusa caused by the rain event commencing on or about 6:00 P.M. on the 26th of February, 2014; and WHEREAS, the conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency; and WHEREAS, over 2,500 linear feet of K-rail were installed on City streets and property in Azusa; and WHEREAS, hundreds of sand bags were placed through out Azusa; and WHEREAS, numerous Police Public Works, and Utility staff were called to report to duty during the rain event; and WHEREAS, eleven homes were evacuated in response to the rain event. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Azusa that it hereby proclaims that a local emergency now exists throughout the City. BE IT FURTHER RESOLVED that during the existence of said local emergency, the powers, functions, and duties of the Director of Emergency Services and the Emergency Organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City and by the City of Azusa Emergency Plan. BE IT FURTHER RESOLVED that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Azusa. PASSED APPROVED and ADOPTED,this 3`d day of March, 2014. //-t a' 4, Joseph Romero Rocha Mayor ATTEST: ,_, ,.. - ?.., .,..,,.: . ,,,,,,,7 , 4ef e% / wince Cornejo, r. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No.14-C15 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 3"i day of March, 2014, by the following vote of Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE f ,,rice Cornejo, Jr,, / • 7 City Clerk APPROVED AS TO FORM: a Marc A. Martinez Best est& Krieger ,LP City Attorney • The Canyon City—Gateway to the American Dream PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, section 26-3 of the Azusa Municipal Code empowers the Director of Emergency Services to proclaim the existence of threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and WHEREAS, the City Manager, as Director of Emergency Services of the City of Azusa, does hereby find that: 1. Conditions of extreme peril to the safety of persons and property have arisen within the City of Azusa potentially caused by denuded hillsides as a result of the Colby Fire, Flooding and debris flows may result from anticipated heavy rains that have been predicted for this area by the national weather service commencing on or about 6:00 p.m. on the day of February 26, 2014 and 2. That the City Council of the City of Azusa is not in session and cannot immediately be called into session. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City: and IT FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law ordinances, and resolutions of this City, and by the City of Azusa Emergency Plan. February 26, 2014 � � Date Ales lV. Makshanoff Director of Emergency Services APPROVED COUNCIL MEETING- Date, 4I I l ,e . q i �sN A --Au% r AZUSA CONSENT ITEM D-11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THERESA ST. PETER, INTERIM DIRECTOR OF HUMAN RESOURCES VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: APRIL 21, 2014 SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). BACKGROUND On April 8,2014,the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT NAME CLASSIFICATION ACTION/EFF RANGE/STEP DATE BASE MO SALARY PD Christopher Grant Police Sergeant Merit Increase 3416/2 02-04-2014 $7,985.00 CC Annette Juarez Administrative Technician Reg Appt./Merit 4174/2 Increase $4,252.59 03-24-2014 B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service System. DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE/STEP DATE BASE MO.SALARY Public Works Phillip Flores Engineering Assistant 4-22-2014 4186/1 $4,548.33 C. SEPARATION: The following separations are submitted for informational purposes. DEPARTMENT NAME CLASSIFICATION EFFECTIVE DATE CD John Saathoff Building Inspector 04-03-2014 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets.