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HomeMy WebLinkAboutAgenda Packet - July 21, 2014 - CC G cr 41,. • ;33:7 4'H„:--,4" „14, � ps ��„ � — '�a � A � r^ z c:1141, zus 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,JULY 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 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. 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to California Government Code Section 54956.9(d)(1) Case Name: Prado v. City of Azusa, Los Angeles Superior Court Case No. KC064591 07/21/2014 - 1 - 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIG.4T1 - Ccvernmeprt Code, Section 54956.9(d)(1). Rivera vs. City of Azusa, Court Case No. Case No 2:13-cv-01510-DMG-VBK(USDC, C.D. Cal.). 3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Pursuant to California Government Code Section 54956.9(d)(2) One Case: Cueva v. City of Azusa 4. REAL PROPERTY NEGOTIATIONS Pursuant to Californi: Government Code Section 54956.8 Agency Negotiators: City Manager Makshanoff Net Development: Kevin Coleman Under Negotiation: Price and Terms of Payment Property Address: Enterprise Property, 229 S. Azusa Avenue APN 8614-014-918, 919 and 920) NOTICE TO THE PUBLIC FOR REGULAR MEETING In compliance with Government code Section 54957.5, copie of staff reports or other written documentation relating to each item of business referred to on the genda are in file on the Office of the City Clerk- 213 E. Foothill Blvd.; copies for public view are in the ',zusa City Library- 729 N. Dalton Ave., Azusa Police Department Lobby - 725 N. Alameda Ave., 'nd the City of Azusa Web Page www.ci.azusa.ca.us. Persons who wish to speak during the Public 'articipation portion of the Agenda or on a Public Hearing item, shall fill out a card requesting to speak a d shall submit it to the City Clerk prior to the start of the City Council meeting. Cards submitted after 7:30 '.M will not be accepted. 7:30 P.M. - REGULAR MEETING OF THE CITY COUNCI I THE SUCCESSOR AGENCY AND THE PUBLIC FINANCING AUTHORITY. 1. Call to Order 2. Roll Call 3. Pledge to the Flag 4. Invocation—Ven.Pratya Sotthiyothin, Dhamakaya Meditation I enter A. PUBLIC PARTICIPATION This time has been set aside for persons in the audience to mak: public comments on items within the subject matter jurisdiction of the council/agency board that are no listed on this a!enda or are listed on this agenda as an item other than a public hearing item. Mmbers of the audience will have the opportunity to address the city council/agency board about publi, 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 s bsequent 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) co tinuous minutes, subject to compliance with applicable meeting rules. Questions to the speaker or re ponses to the speaker's questions or comments shall be handled after the speaker has completed his/her omments. Public Participation will be limited to sixty (60) minutes. 07/21/2014 - 2 - B. REPORTS. UPDATES.AND ANNOUNCEMENTS FROM STAFF/COUNTC L 1. Discussion regarding consideration of canceling City Council meetings of August 4 and August 18, 2014. 2. Utilities Director Morrow to give an update on the water drought. 3. Mayor Rocha: Request for a Certificate for Rose Hills Cemetery, for their Centennial Celebration. C. SCHEDULED ITEMS 1. CONTINUED PUBLIC HEARING — SALE OF CERTAIN REAL PROPERTY OWNED BY THE CITY GENERALLY LOCATED AT 229 S. AZUSA AVE (APNs 8614-014-918; 8617-014- 919; 8614-014-920), AND DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BY AND BETWEEN THE CITY AND NET DEVELOPMENT CO,INC. RECOMMENDED ACTION: Continue the Public Hearing to a special meeting following the regularly scheduled Utility Board meeting on July 28, 2014. 2. PUBLIC HEARING - ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY (MTA) CONGESTION MANAGEMENT PROGRAM (CMP) LOCAL DEVELOPMENT REPORT. RECOMMENDED ACTION: Open the Public Hearing; receive testimony; close the Public Hearing; waive further reading and adopt the Resolution No.14-C40, adopting the 2014 City of Azusa Local Development Report and self- certification. 3. PUBLIC HEARING - RESOLUTIONS ADOPTING 2014/15 FISCAL YEAR SCHEDULE OF FEES AND CHARGES. RECOMMENDED ACTION: Open the Public Hearing; receive testimony; close the Public Hearing; formally ratify the City's Schedule of Fees and Chares by waiving further reading and adopting Resolution No. 14-C41 establishing a User Fee Schedule for Various Municipal Activities and Services, and Resolution No. 14-C42, establishing certain Development Project Fees and Service Charges. 4. AWARD OF CONTRACT TO TRANSPORTATION CONCEPTS FOR THE OPERATION OF AZUSA TRANSIT. RECOMMENDED ACTION: Award a 3-term (44 month) contract with (2) 1-year renewable options to Transportation Concepts in the amount of$1,629,691 (44 months) for the operation of Azusa Transit. 07/21/2014 - 3 - 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 JULY 8, 2014. RECOMMENDED ACTION: Approve minutes as written. 2. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 14-C43 allowing certain claims and demands and specifying the funds out of which the same are to be paid. 3. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 4. ACCEPTANCE OF GRANT DEED FOR THE SOUTH PORTION OF THE ARROYO EXTENDING FROM SIERRA MADRE AVE. TO MACNEIL DR., INCLUDING VETERANS PARK,AND ACCEPTANCE OF THE IMPROVEMENTS CONSTRUCTED THEREIN. RECOMMENDED ACTION: Accept that portion of The Arroyo extending from Sierra Madre Ave. to Macneil Dr., including Veterans Park, and increase the existing Landscape and Irrigation Maintenance contract between the City and ValleyCrest Landscape Maintenance by $33,000 per year. 5. MATRIX SOFTWARE ANNUAL MAINTENANCE AND SUPPORT AGREEMENT. RECOMMENDED ACTION: Waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance services and 2-523 section C, no competitive market, and approve the software maintenance and support agreement with Matrix Imaging, in the amount of$12,929.00. 6. NOVELL SOFTWARE ANNUAL MAINTENANCE SUPPORT AND LICENSING AGREEMENT. RECOMMENDED ACTION: 07/21/2014 -4 - Waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B. computer software maintenance services, and approve the software maintenance support and licensing agreement from CDW-G, in the amount of$19,350.00. 7. SIRS!LIBRARY SOFTWARE ANNUAL MAINTENANCE AND SUPPORT AGREEMENT. RECOMMENDED ACTION: Waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance services and 2-523 section C, no competitive market, and approve the annual software maintenance and support agreement from SIRSI Corporation, in the amount of $30,914.77. 8. EXERCISE OPTION TO WITHDRAW FROM THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA-RICS) JOINT POWERS AUTHORITY. RECOMMENDED ACTION: Exercise option to withdraw from the LA-RICS Joint Powers Authority; and direct the City Manager to issue a notice of such option to the LA-RICS Board. 9. AWARD BID FOR PUBLIC SAFETY CONVERSION OF FOUR POLICE VEHICLES. RECOMMENDED ACTION: Award to 10-8 Retrofit Inc, the lowest responsible bidder, to convert one 2014 Ford Sedan Interceptor and three 2014 Ford Interceptor SUV's with the necessary emergency equipment, for police use in the amount of$31,313.94. 10. APPROVAL OF AGREEMENT BETWEEN AZUSA PACIFIC UNIVERSITY (APU) AND THE AZUSA POLICE DEPARTMENT FOR UNIVERSITY RESOURCE OFFICER (URO) SERVICES. RECOMMENDED ACTION: Approve the Police Department to enter into one year agreement with APU to provide a full time police officer to serve as a URO for the 2014-2015 APU undergraduate academic school year. 11. SOLICIT REQUEST FOR PROPOSALS - PROFESSIONAL SERVICES TO IMPLEMENT THE STORMWATER MONITORING AND REPORTING FOR THE COORDINATED INTEGRATED MONITORING PROGRAM. RECOMMENDED ACTION: Authorize staff to solicit proposals to obtain professional services to implement the stormwater monitoring and reporting for the Coordinated Integrated Monitoring Program (CIMP) in accordance with the new Municipal Separate Storm Sewer System Permit(MS4 Permit). 07/21/2014 - 5 - 12. BOND EXONERATION FOR KB HOME COASTAL. INC.. FOR TRACT 6 ."36-2. KNOWN N AS MAPLETON. RECOMMENDED ACTION: Approve the bond exoneration for KB Home Coastal Inc. for Tract 63336-2. 13. LEGISLATIVE UPDATE. RECOMMENDED ACTION: Approve the positions recommended on the legislative update. 14. APPROPRIATIONS LIMIT. RECOMMENDED ACTION: Approve Resolution 14-C44 adopting the Appropriations Limit of$217,571,579 for the 2014/15 fiscal year. 15. CONTRACT — DURRELL HOUSE "AZUSA HISTORICAL SOCIETY MUSEUM" IMPROVEMENTS. RECOMMENDED ACTION: Award a contract to Stalwart Projects of Azusa in the amount of$33,925.15 for improvements at the Durrell House "Azusa Historical Society Museum," and approve a budget amendment in the amount of$7,317 to fully fund the project. The project is categorically exempt per CEQA Section 15301(d), restoration or rehabilitation of deteriorated or damaged structures or facilities. 16. RESOLUTION ACCEPTING AN OPEN SPACE AND TRAIL HEAD EASEMENT LOCATED ON VULCAN MATERIALS COMPANY'S AZUSA ROCK QUARRY PROPERTY. RECOMMENDED ACTION: Adopt the Resolution No. 14-C45 accepting an open space and trail head easement located at 3901 Fish Canyon Road, Azusa, CA 91702,Vulcan Materials Company's Azusa Rock Quarry Property. E. SUCCESSOR AGENCY RELATED BUSINESS. 1. No Items. F. AZUSA PUBLIC FINANCING AUTHORITY 1. No Items. 07/21/2014 - 6- G. ORDINANCE/SPECIAL RESOLUTIONS 1. SECOND READING AND ADOPTION OF AN ORDINANCE APPROVING AMENDMENTS TO CHAPTER 88 -DEVELOPMENT CODE OF THE CITY OF AZUSA MUNICIPAL CODE TO IMPLEMENT THE CALIFORNIA HOMEMADE FOOD ACT PER ASSEMBLY BILL 1616. RECOMMENDED ACTION: Waive further reading, and adopt proposed ordinance No. 14-04. H. ADJOURNMENT 1. Adjourn in memory of Ms. Maria J. Vasquez, Ms. Patricia Amador, Ms. Rebecca Pimentel Barajas and Mr. Eddie Jara, long time Azusa residents. UPCOMING MEETINGS: July 28, 2014, Utility Board Meeting, 6:30 p.m. Azusa Light & Water Conference Room; August 4, 2014, City Council Meeting, 6:30 p.m. Closed Session/Ceremonial, 7:30 p.m. Regular Meeting; August 18, 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. 07/21/2014 - 7 - • ,or 4k>1 4 _ �LIFL}R��A AZUSA DECLARATION OF POSTING CITY COUNCIL, SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY, AND PUBLIC FINANCING AUTHORITY AGENDA I, r1 I 1 n-6 0t 61 v'eZ declare that: I am an employee of the City of Azusa. On )°\) 01 '2-014. I posted copies of the Agenda, as stated above for the meeting of ;SU`� 2112-0 11" , in the City Clerk's Office, 213 E. Foothill Blvd.; the lobby of the Polic Department, 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 W1 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 Ti \1 1 V) + , at Azusa, California. STAFF MEMBE' • CITY CLERK'S OFFICE CITY OF AZUSA APPROVED COUNCIL MEETING Date' /Al 14— _ _ I� GN rm a * r k rt,„, zusA� CONSENT ITEM D-5 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY AND LIBRARY SERVICES VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: JULY 21, 2014 SUBJECT: MATRIX SOFTWARE ANNUAL MAINTENANCE AND SUPPORT AGREEMENT RECOMMENDATION 1. It is recommended that the City Council waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance services and 2-523 section C, no competitive market. 2. It is recommended that the City Council approve the software maintenance and support agreement from Matrix Imaging, in the amount of$12,929.00. BACKROUND The City currently uses Matrix Imaging as the support vendor for its document management system. The city needs to retain software support from the vendor in order to provide for remote technical support via phone, limit any potential down time, and for product enhancements and updates to this software. FISCAL IMPACT Funding for annual ongoing support is budgeted in the Information Technology Department operating budget in accounts 48499300006415 and 48499420006415. APPROVED COUNCIL MEETIN% Dane, 121 or ..... _ amu.. A. ... .€,. sw.a ....�.. ., ,.._ .....,. , .....,, 7� "• ..,... ,AZUSA CONSENT ITEM D-6 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY AND LIBRARY SERVICES VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: JULY 21, 2014 SUBJECT: NOVELL SOFTWARE ANNUAL MAINTENANCE SUPPORT AND LICENSING AGREEMENT RECOMMENDATION 1. It is recommended that the City Council waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance services. 2. It is recommended that the City Council approve the software maintenance support and licensing agreement from CDW-G, in the amount of$19,350.00 BACKROUND The City currently uses Novell products GroupWise for e-mail, Netware as the operating system on some servers, Novell Patch Management and ZENworks for remote desktop management. The city needs to retain software support and licensing from the vendor in order to limit any potential down time and for product enhancements and updates to this software. FISCAL IMPACT Funding for annual ongoing support is budgeted in the Information Technology Department operating budget in accounts 48499300006504 and 48499420006504. APPROVED COUNCIL MEETING Date, .. D ' 11211 I'T 4°r V IZUS CONSENT ITEM D-7 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY AND LIBRARY SERVICES VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: JULY 21, 2014 SUBJECT: SIRSI LIBRARY SOFTWARE ANNUAL MAINTENANCE AND SUPPORT AGREEMENT RECOMMENDATION 1. It is recommended that the City Council waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance services and 2-523 section C, no competitive market. 2. It is recommended that the City Council approve the annual software maintenance and support agreement from SIRSI Corporation, in the amount of$30,914.77. BACKROUND The Library currently uses SIRSI software to maintain bibliographic and inventory control, circulation, demographic reporting and a web interface to the catalog on the Internet. The city needs to retain software support from the vendor in order to limit any potential down time and for periodic product enhancements and upgrades to the software. FISCAL IMPACT Funding for annual ongoing support is budgeted in the Information Technology Department operating budget in account 48499300006415. APPROVED COUNCIL MEETING Date, 112 I lq— o f _ � 6 _ _ &- AEE.72'>' r ,rte• I aAzusA CONSENT ITEM D-13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: JULY 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 Legislative Update Log is attached with previously approved and newly recommended positions. Although not a legislative bill, support of the following funding request impacts local and regional projects: Water Bond Stormwater and Urban Runoff Funding (Support) - There is a movement in the Legislature and the Governor's Office to reduce the size of the proposed Water Bond legislation headed for the statewide ballot this Fall. The Los Angeles County Division of the League of California Cities and the California Contract Cities Association are rallying support from cities to promote the inclusion of broad language that would allow stormwater and urban runoff funding for projects that include, but are not limited to, green infrastructure, rainwater and stormwater treatment facilities. Investments in local water supplies, groundwater cleanup, and protecting our local watersheds are critical to sustaining our region's water supply and water quality. Cities could utilize this funding to maximize the use of stormwater and urban runoff; developing new green infrastructure projects and stormwater treatment facilities. These measures will help address our long-term goals for regional self-reliance for water supply. FISCAL IMPACT There is no fiscal impact associated with approving the legislative update. Attachment: Legislative Update Log City of Azusa 2014 Legislative Bill Report July — Update New Legislative Positions BILL DESCRIPTION AB 2493 Author: Bloom, D. Title: Redevelopment Dissolution: Housing Projects: Bond Position: Support Location: Senate Appropriations Committee Summary: The dissolution of redevelopment occurred during a time of immense state budget deficits via budget trailer bills which did not afford sufficient opportunities for deliberative legislative policy making. AB 2493 provides an opportunity to revisit the decision by budget drafters to insert a prohibition against the expenditure of bond proceeds that were issued by redevelopment agencies between January 1, 2011, and June 28, 2011, the date that the redevelopment dissolution legislation took effect. As the background information generated by the author's office documents, many bonds were issued during this period to fund traditional legislative priorities: critical local infrastructure and affordable housing projects. Given the slow economic recovery in many regions, the status quo makes little sense. A pro-active legislative policy decision to allow these funds to be expended will create many prevailing wage jobs, shelter hundreds of additional families in affordable housing, and rebuild critical infrastructure that can serve as a catalyst for additional private- sector development. Updated Legislative Positions July 21, 2014 BILL DESCRIPTION AB 1513 Author: Fox, D. Title: Residential Property: Possession by Declaration Position: Watch Location: Senate Appropriations Committee Summary: Under California law it can take 30-60 days, or even longer, to evict a squatter. Unlawful detainer procedures are geared toward situations in which a tenant is evicted for failure to pay rent or committing a violation of the rental agreement. There are currently no statutes designed to assist homeowners and law enforcement officials with removing unauthorized residents (squatters) from vacant properties. This bill is a pilot program designed to deal with "squatters" by allowing the owner of a vacant property to register that property with the local police department attesting that the property is vacant and is not authorized to be occupied. It requires the owner to retain a licensed private security service to inspect the property and notify the police if an unauthorized person is on the property. The police are then to respond to the property as soon as practicable and verify that the property was inspected at least 3 days prior and found to be vacant, ascertain the identity of any persons found on the property, and request the written authorization to be on the property. Any person found on a vacant property not less than 48 hours after receiving the warning notification is guilty of trespass. AB 1894 Author: Ammiano, D. Title: Medical Cabanis Position: Oppose Location: Dead Summary: This bill would enact the Medical Cannabis Regulation and Control Act and would create the Division of Medical Cannabis Regulation and Enforcement within the Department of Alcoholic Beverage Control. It would would grant the department the power to register persons for the cultivation, manufacture, testing, transportation, storage, distribution, and sale of medical cannabis within the state provided that the authority of a city or county to adopt ordinances inconsistent with the requirements of the act that ban, regulate, or tax medical cannabis activities, and to enforce those ordinances, would not be affected by the act. The possibility of granting ABC the authority to set the maximum number of dispensaries can only be interpreted as a challenge to local zoning approval and business licensing in connection with the granting of commercial registration to dispensaries or the siting of related facilities in local jurisdictions. Cities are best equipped to perform this function for themselves based on local values and priorities— as evidenced by the City of Riverside's complete ban on dispensaries. While it is clear that we must have a meaningful regulatory structure for medical marijuana in California, it would be divisive and ultimately counterproductive to implement a scheme that overtly, or, through various subtle means, seeks to undermine local control. AB 2126 Author: Bonta, D. Title: Meyers-Mlias-Brown Act: Mediation Position: Oppose Location: Senate Appropriations Committee Summary: This measure changes the mediation process by enabling either party to independently request mediation. If a mediator is not agreed to within five days, either party may request the Public Employee Relations Board (PERB) appoint a mediator. Under existing collective bargaining laws, employee organizations are required to mutually agree to a mediator. The requirement for mutual agreement to select a mediator is a fundamental aspect of any mediation process because it is the best way to ensure affected parties view the mediator as a true neutral. AB 2577 Author: Cooley, D. Title: Medi-Cal: Ground Emergency Medical Transportation Services Position: Support Location: Senate Appropriations Committee Summary: Local agencies are in the position of absorbing an increasing amount of the cost of providing Ground Emergency Medical Transport (GEMT) to Medi-Cal beneficiaries. This bill will remedy this problem by allowing local entities providing GEMT to recapture the lost reimbursements through the use of an intergovernmental transfer. This authorization permits public agency ambulance providers to seek partial reimbursement for their share of ground transportation expenses via funding provided by the federal government. This will amount to an additional $300 to $400 million in federal reimbursements for local agencies statewide. Without this legislation, our taxpayers will increasingly have to foot the cost of providing such services. SB 69 Author: Roth, D. Title: Local Gov.: Property Tax Revenue Allocations: VLF Adjustments Position: Support Location: Assembly Appropriations Committee Summary: Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures. This bill would modify allocation provisions for a city incorporating after January 1, 2004 by providing for a vehicle license fee adjustment amount calculated on the basis of changes in assessed valuation. This measure would restore funding stability to recently incorporated cities and cities that annexed inhabited territory, and establish a foundation to support sustainable and compact growth policies. SB 962 Author: Leno,D. Title: Advanced Mobile Communications Devices Position: Support Location: 3rd Reading in Assembly Summary: This bill would require that any advanced mobile communications device, commonly known as a smartphone, that is manufactured and sold in California on or after July 1, 2015, include a technological solution that can render inoperable the essential features of the device, as defined, to an unauthorized user when the device is not in the possession of the rightful owner. The bill would require that the technological solution be able to withstand a hard reset. It will enhance public safety by removing an incentive for smartphone or electronic device theft, which in at least some instances is accomplished through violent means. Updated Legislative Positions —July 21, 2014 BILL DESCRIPTION AB 1521 Author: Fox, D. Title: Local Gov.: Property Tax Revenue Allocations: VLF Adjustments Position: Support Location: Senate Appropriations Committee 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: 3`d Reading in Senate 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: Enrolled—On Governor's Desk 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: Dead 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: Dead 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: 3`d Reading in Senate 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: Senate Appropriations Committee 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: Dead 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: Watch Location: Dead 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: Dead 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: Chaptered 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: Watch Location: Assembly Appropriations Committee 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 in Concept Location: Assembly Appropriations Committee 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: Dead 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 Appropriations Committee 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. Updated Legislative Positions—July 21, 2014 BILL DESCRIPTION AB 194 Author: Campos, D Title: Open Meetings: Actions for Violations Position: Watch Location: 3rd Reading in Senate 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 Appropriations Committee 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: Adopted 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: Watch Location: Aassembly Appropriations Committee 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: Suspense File 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: Assembly Appropriations Committee 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' ZI r ° ZUS CONSENT ITEM D-14 TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SUSAN PARAGAS, FINANCE DIRECTOR VIA: JAMES W. MAKSHANOFF, CITY MANAGER DATE: JULY 21, 2014 SUBJECT: APPROPRIATIONS LIMIT RECOMMENDATION It is recommended that City Council approve the attached resolution adopting the Appropriations Limit of$217,571,579 for the 2014/15 fiscal year. BACKGROUND The Appropriations Limit is a state-mandated calculation which is required to be approved annually by the City Council for the new fiscal year. The Appropriations Limit sets the annual cap for spending tax proceeds. Based on calculations attached to the Resolution, the City is under the cap for FY 2014/15 by $187,899,814. FISCAL IMPACT This resolution sets the FY 2014/15 Appropriations Limit at $217,571,579. Attachments: 1. Resolution-FY 2014-15 Appropriations Limit 2. Exhibit A-FY 2014-15 Annual Appropriations Calculation 3. Exhibit B—FY 2014-15 Appropriations Subject to Annual Limit RESOLUTION NO. 14-C44 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING AN AMENDED APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2014-15 PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION WHEREAS, in June of 1990,the voters of the State of California enacted Proposition 111, "The Traffic Congestion Relief and Spending Limitation Act of 1990"; and WHEREAS, this Act amended Article XIIIB of the Constitution of the State of California regarding spending limitations of cities; and WHEREAS, Article XIIIB of the California Constitution provides that the total annual appropriations subject to limitation of each governmental entity, including this City,shall not exceed the appropriation limit of such entity of government for the prior year, adjusted for changes in the cost of living or personal income and population, except as otherwise provided for in said Article XIIIB and implementing State Statutes; and WHEREAS,pursuant to said Article XIIIB of said California Constitution,and Section 7900 et seq. of the California Government Code, the City is required to set its appropriation limit for each fiscal year; and WHEREAS, the Director of Administrative Services/CFO of the City of Azusa has caused a technical review to be made of the documentation for the City's said appropriation limitation, and has caused the numbers upon which the City's appropriation limit is based to be researched and said limit to be calculated; and WHEREAS,based on such calculations,as described in the attached documentation as Exhibit A and B, the Director of Administrative Services/CFO has determined the said appropriation limit and, pursuant to Section 7910 of the said California Government Code, has made available to the public the documentation used in the determination of said appropriation limit; and WHEREAS,the City Council elects to utilize said calculations,which are attached for reference. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Azusa,California, that said appropriation limit for Fiscal Year 2014-15 shall be adopted in the amount of$217,571,579 for said Fiscal Year. PASSED, APPROVED and ADOPTED this 21st day of July, 2014. fr;( 4(1'u1. 71. r' ose omero Rocha Mayor ATTEST: - 4111110' eff e+ 4 ce Cornejo, . City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 14-C44 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof,held on the 21st day of July, 2014,by the following vote of Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE • 40P, ice;. of / nce Cornejo, .r., City Clerk EXHIBIT A ANNUAL APPROPRIATIONS LIMIT CALCULATION FOR FISCAL YEAR 2014/15 Inflation Factor(selected higher of the following): Growth in the -0.23% State 0.9977 Factor California per Department of capita personal Finance income Growth in the 3.99% Hdl Coren & 1.0399 Factor Selected for non-residential Cone Calculation assessed valuation due to new construction within the City Population Factor(selected higher of the following): City 1.62% State 1.0162 Factor Selected for Department of Calculation Finance County 0.78% State 1.0078 Factor Department of Finance Annual Limits Calculation: Appropriations Limit for Fiscal Year 2013/14: $ 205,887,465 (A) Adjustment factors for Fiscal Year 2014/15: Inflation Factor(B) Population Factor(C) 1.0399 1.0162 Combined Factor(B times C) 1.05675 0.05675 (D) Adjustment for inflation and population (A times D): 11,684,114 Appropriations Limit for Fiscal Year 2014/15: $ 217,571,579 EXHIBIT B APPROPRIATIONS SUBJECT TO THE ANNUAL LIMIT FOR FISCAL YEAR 2014/15 A. PROCEEDS OF TAXES Property Tax $ 8,255,840 Non-Property Tax 18,411,380 Licenses and Permits 2,962,000 Intergovernmental Revenues 0 TOTAL PROCEEDS OF TAXES 29,629,220 B. EXCLUSION 0 C. NET INVESTED PROCEEDS OF TAXES 29,629,220 D. INTEREST ALLOCATION 42,545 E. APPROPRIATIONS SUBJECT TO LIMIT 29,671,765 F. APPROPRIATIONS LIMIT FOR FY 2014/15 (EXHIBIT A) 217,571,579 G. FY 2014/15 APPROPRIATIONS OVER/(UNDER)LIMIT $ (187,899,814) APPROVED COUNCIL MEETING Date, 11i, I I4 'as,� � �1/POR+ « x s I4 ZUSA CONSENT ITEM D-3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THERESA ST. PETER, INTERIM DIRECTOR OF HUMAN RESOURCES VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: JULY 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 July 8, 2014,the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action request. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT NAME CLASSIFICATION ACTION/EFF DATE RANGE/STEP BASE MO SALARY UTL Alicia Holmes Administrative Analyst Merit Increase 4192/4 06-05-2014 $5,540.95 B. NEW APPOINTMENT: The following appointment has been requested by the Police Chief pursuant to the Rules of The Civil Service System. DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE/STEP DATE BASE MO.SALARY PD Anthony Conwell Police Officer Trainee— Pending 6184/1 (Academy Recruit) $4,713.78 C. PROMOTION—The following promotions have been requested by the Director of Economic& Community Development pursuant to the Rules of the Civil Service System. DEPARTMENT NAME PROMOTION EFFECTIVE RANGE/STEP FROM/TO DATE BASE MO. SALARY CD Beatriz Gallardo From: Office Specialist II Pending 4174/1 To: Development Services Assistant $4,060.11 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets.