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HomeMy WebLinkAboutAgenda Packet - September 16, 2013 - CC • APPROVED COUNCIL EETING Dom' � �lo/ ol3 ��F� Z4.-.421406� �<< —. xi- • * * .. r:..,a,m_f .. Rt/P541 k= +=x° zus SCHEDULED ITEM C-2 TO: HONORABLE MAYOR AND COUNCIL MEMBERS FROM: MARCO A. MARTINEZ, CITY ATTORNEY VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: SEPTEMBER 16, 2013 SUBJECT: INTRODUCTION OF ORDINANCE NO. 13-01, ADDING SECTIONS 46-129 TO 46- 132 TO ARTICLE IV OF CHAPTER 46 OF THE AZUSA MUNICIPAL CODE TO PROHIBIT THE HOSTING OF GATHERINGS AT WHICH ALCOHOLIC BEVERAGES AND/OR OTHER HARMFUL SUBSTANCES ARE CONSUMED BY MINORS. RECOMMENDATION It is recommended that the City Council waive further reading, read by title only and introduce Ordinance No. 13-01 - an Ordinance adding Sections 46-129 to 46-132 to Article IV of Chapter 46 of the Azusa Municipal Code to prohibit the hosting of gatherings at which alcoholic beverages and/or other harmful substances are consumed by minors. BACKGROUND At the last City Council meeting, Councilmember Gonzales requested that the City Council consider adoption of a "social host" ordinance. Generally, social host ordinances attempt to deter underage drinking by assigning responsibility to those who know or should know that a drinking party is occurring on their property. Under current laws it is illegal to furnish alcohol to individuals under the age of 21. However, in a party setting, it is often difficult or impossible to identify who provided the alcohol. Further, although state law prohibits minors under the age of 21 from purchasing, possessing or consuming alcohol, a report from the American Medical Association found that • 2 out of 3 teens said it was easy to get alcohol • 1 in 3 said it was easy to get alcohol from their own consenting parents • 2 out of 5 said it was easy to get alcohol from a friend's parents • 1 in 4 said they had attended a party where youth under the age of 21 were drinking in front of parents Page 2 of 2 9/16/2013 City Council Staff Report Social Host Ordinance The study also found that underage drinking is a factor in nearly half of all teen car crashes, which is the leading cause of death among teenagers. Proposed Ordinance Under the proposed ordinance, a host must take "reasonable steps"to prevent consumption of alcohol by anyone under the age of 21. These steps include: (1) Preventing any access by Minors to any alcohol or other harmful substances at gathering; (2) Controlling access to alcoholic beverages and tobacco products at a gathering; (3) Controlling the quantity of alcoholic beverages and tobacco products at a gathering to an amount which can be monitored and its access controlled effectively; (4) Verifying the age of persons who consume alcoholic beverages or tobacco products at a gathering by inspecting drivers' licenses or other government-issued identification cards; (5) Prohibiting the use of controlled substances and marijuana at a gathering; (6) Prohibiting the defined use of inhalants at the gathering (e.g. inhaled for the purpose of becoming intoxicated); and (7) Monitoring the activities of all persons at the gathering, including Minors. If the social host fails to take reasonable steps to prevent alcohol possession or consumption by underage persons on property they control, they could be found in violation of the ordinance. However, parents and other social hosts may not be held responsible if they did not know about the party. FISCAL IMPACT None. Attachments: Ordinance No. 13-01 ORDINANCE NO. 13-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, ADDING SECTIONS 46-129 TO 46-132 TO ARTICLE IV OF CHAPTER 46 OF THE AZUSA MUNICIPAL CODE TO PROHIBIT THE HOSTING OF GATHERINGS AT WHICH ALCOHOLIC BEVERAGES AND/OR OTHER HARMFUL SUBSTANCES ARE CONSUMED BY MINORS. WHEREAS, the City of Azusa("City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, underage drinking causes violent and unruly behavior at residences or other locations that have been the subject of multiple police calls; and WHEREAS, Sections 1-34, 1-35, and 14-421 of the Azusa Municipal Code permit recovery of costs associated with the City's enforcement or abatement nuisances in accordance with state law; and WHEREAS, the City Council finds that unsupervised where alcohol is consumed by minors constitute nuisances and are harmful to the minors and to the communities where such parties are held; and WHEREAS, in addition to alcohol, consumption of other substances that are harmful to minors frequently occurs at such parties and gatherings, including marijuana and other controlled substances, inhalants and tobacco products; and WHEREAS, the Azusa Police Department's ability to abate gatherings where alcohol or other harmful substances are consumed by minors will result in a decrease in abuse of alcohol and other harmful substances by minors, as well as decreases in physical altercations and injuries, neighborhood vandalism, and excessive noise disturbance, thereby improving public safety; and WHEREAS, problems associated with such gatherings are difficult to resolve unless the Azusa Police Department has the legal authority to effectively direct the host to disperse the party; and WHEREAS, control of large parties, gatherings or events where minors are consuming alcohol or other harmful substances is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public; and WHEREAS, the purpose of these Sections is to address the problems identified above and to protect the public health, safety and general welfare by enhancing the enforcement of laws prohibiting the consumption of alcohol and other harmful substances by minors and reducing the costs of providing police services to parties, gatherings, or events requiring a response, by requiring hosts to ensure minors are not consuming alcoholic beverages or other harmful substances. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Sections 46-129 to 46-132 are hereby added to Article IV of Chapter 46 of the Azusa Municipal Code to read as follows: Sec. 46-129. —Definitions. Sec. 46-130.—Host Obligations. Sec. 46-131. —Violation; Penalty. Sec. 46-132.—Collection of Enforcement Costs. Sec. 46-129. Definitions. As used in Section 46-129 through 46-132, the following words and phrases have the meanings set forth in this Section: A. "Alcohol" shall have the same meaning as in California Business and Professions Code section 23003, as it may be amended from time to time,or any successor section. B. "Alcoholic Beverage" shall have the same meaning as in California Business and Professions Code section 23004, as it may be amended from time to time, or any successor section. C. "Controlled Substance" shall mean any controlled substance listed in the California Uniform Controlled Substances Act (California Health and Safety Code section 11000 et seq.) or the federal Controlled Substances Act (21 USC 801 et seq.), as they may be amended from time to time. D. "Gathering" means a group of two (2) or more persons who have assembled or arc assembling for a social occasion or social activity at a residence or on other public or private property. E. "Guardian" means: (1) a person who, under court order, is the guardian of the person of a Minor; or (2) a public or private agency with whom a Minor has been placed by the court. F. "Harmful Substances" shall include all of the following, as defined in this Section: Alcohol, Alcoholic Beverage, Controlled Substance, Inhalant, Marijuana and Tobacco Products. G. "Inhalant" includes but is not limited to any aerosol or aerosol spray, any volatile solvent including but not limited to toluene or any substance or material containing toluene, any gas including but not limited to nitrous oxide or any substance containing nitrous oxide, nitrites (commonly known as "poppers," "snappers," or "whippets"), and any other chemical substance or chemical compound that is inhaled for the purpose of becoming intoxicated. H. "Marijuana" shall have the same meaning as in California Health and Safety Code section 11018 or United States Code, Title 21, section 802, as they may be amended from time to time, or any successor sections. I. "Minor" means any person under 21 years of age for purposes of Alcohol, Alcoholic Beverages, Controlled Substances, Inhalants and Marijuana, and under the age of 18 years of age for purposes of Tobacco Products. J. "Parent" means a person who is a natural parent, adoptive parent, or step-parent of another person. K. "Premises" means any residence or other private property, individual unit or place, including any commercial or business premises. L. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings,transport facilities and shops. M. "Tobacco Products" shall have the same meaning as in Section 6-58 of this Municipal Code. Sec. 46-130. Host Obligations. A. Except as permitted by state law, it is unlawful for any person to permit, allow, or host a Gathering at his or her place of residence or other private property, public place, or any other premises under his or her control where any Harmful Substances have been consumed by a Minor, if such person either knows or reasonably should know that a Minor has consumed any Harmful Substances. B. Any person who permits, allows or hosts a Gathering shall be rebuttably presumed to have actual or constructive knowledge that Minors have consumed Harmful Substances if such person is present at the premises of the Gathering at the time any Minor consumes a Harmful Substance, or if that person has not taken all reasonable steps necessary to prevent the consumption of Harmful Substances by Minors, as set forth in subdivision Section 46-130(E) below. C. This Section shall not apply to Gatherings where religious services and/or activities protected by Article I, Section 4 of the California Constitution are exercised, nor shall the prohibition apply to conduct involving the use of alcoholic beverages exclusively between a Minor and his or her Parent or Guardian. D. This Section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control via an appropriate license or permit. E. It is the duty of any person who permits, allows or hosts a Gathering at his or her place of residence, other private property, public place, or any other premises under his or her control, where Minors will be present, to take all reasonable steps to prevent the consumption of Harmful Substances by any Minor at the Gathering. Reasonable steps shall include, at a minimum, the following: (1) preventing any access by Minors to any Harmful Substances at the Gathering; (2) controlling access to Alcoholic Beverages and Tobacco Products at the Gathering; (3) controlling the quantity of Alcoholic Beverages and Tobacco Products at the Gathering to an amount which can be monitored and its access controlled effectively; (4) verifying the age of persons who consume Alcoholic Beverages or Tobacco Products at the Gathering by inspecting drivers licenses or other government-issued identification cards; (5) prohibiting the use of Controlled Substances and Marijuana at the Gathering; (6) prohibiting the defined use of Inhalants at the Gathering (e.g. inhaled for the purpose of becoming intoxicated); and (7) monitoring the activities of all persons at the Gathering, including Minors. F. A person who hosts a Gathering shall not be in violation of Section 46-129 through 46-132 if he or she, before any other person makes a complaint to the Azusa Police Department or other law enforcement agency, seeks assistance from the Azusa Police Department or other law enforcement agency to either: (1) remove any person who refuses to abide by the host's rules or requirements with respect to his or her performance of the duties imposed by Section 46-129 through 46-132; or (2) terminate the Gathering because the host has been unable to prevent Minors from consuming Harmful Substances, despite having taken all reasonable steps to do so. Sec. 46-131. Violation; Penalty. A. Criminal violations of Section 46-129 through 46-132 shall be misdemeanors and shall be punishable as set forth in Section 1-10 of this Code. B. Amounts of fines and/or penalties for violations of Section 46-129 through 46- 132 shall be established by resolution of the City Council. C. Nothing in Section 46-129 through 46-132 in any way limits any other remedy that may be available to the City, or any penalty that may be imposed by the City. Sec. 46-132. Collection of Enforcement Costs. Every violation of Section 46-129 through 46-132 shall be deemed to be a public nuisance and abated by the City. The City may seek reimbursement for actual costs associated with the enforcement of Section 46-129 through 46-132 pursuant to Sections 1-34, 1-35, and 14- 421 of the Azusa Municipal Code, as well as any other applicable law." SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly, or indirectly. SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after its adoption. SECTION 5. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Azusa hereby declares that it would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 6. PUBLICATION. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED,APPROVED and ADOPTED this 7th day of October, 2013. 1-°•a 4144- Joseph Romero Rocha,Mayor ATTEST: f ence Cornejo, J'., Ci •• STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA I, JEFFREY LAWRENCE CORNEJO, JR., City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 13-01, was duly introduced and placed upon its first reading at a regular meeting of the Azusa City Council on the 16th of September, 2013 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the Azusa City Council on the 7th day of October, 2013 by the following vote to wit: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS '' de, e" `y_/.wrence Cornej:, Jr., W ty 'erk APPROVED AS TO FORM: Mar A. Martine , City 4torney • APPROVED COUNCIL MEETING Date, q ! l a-o 13 ��or F s 0117611 U *: CONSENT ITEM D-6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: SEPTEMBER 16, 2013 SUBJECT: AUTHORIZATION TO ALLOW THE PUBLIC WORKS DIRECTOR TO CERTIFY CITY OF AZUSA RIGHT OF WAY FOR CALTRANS ADMINISTERED TRANSPORTATION PROJECTS RECOMMENDATION It is recommended that the City Council authorize and direct the Public Works Director to certify the right of way for Caltrans administered projects within the City of Azusa for current and future projects. BACKGROUND The City of Azusa has projects underway that are funded fully or partially by federal or state funds. Caltrans requires that the City of Azusa must certify that the City owns or controls the right of way necessary for the construction projects. Therefore Caltrans requires a resolution stating that designated staff is authorized by the City Council to sign the right of way certification on the City's behalf. The attached resolution will authorize and direct the Public Works Director to certify the right of way for Caltrans administered projects. FISCAL IMPACT The authorization resolution must be executed for the City to receive federal-aid transportation funding through Caltrans. Attachment: Resolution RESOLUTION NO. 13-C71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AUTHORIZING THE PUBLIC WORKS DIRECTOR OF THE CITY OF AZUSA TO CERTIFY CITY RIGHT OF WAY FOR CALTRANS ADMINISTERED TRANSPORTATION PROJECTS WHEREAS, the City of Azusa is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation (Caltrans); and, WHEREAS,the City of Azusa wishes to delegate authorization to certify right of way to the Public Works Director. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Caltrans administers City construction projects funded fully or partially with state or federal funds, and as a requirement for reimbursement, the City must certify that the City owns or controls the right of way necessary for the construction of those projects; and SECTION 2. That the Public Works Director is authorized and directed to certify City right of way for Caltrans administered projects. SECTION 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED and ADOPTED this 16th day of September, 2013. Gd J seph Romero Rocha, Mayor I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting held on the 16th day of September, 2013 by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS ABSTAIN: COUNCILMEMBERS: NONE ��ilGct� it-‘: J ffr- ce Cornejo, Jr., ity/eir14;2 APPROVED COUNCIL MEETING Date, it l3 I, r i f. a }" P iAzusiy CONSENT ITEM D-11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SAM GONZALEZ, CHIEF OF POLICE VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: SEPTEMBER 16, 2013 SUBJECT: HELICOPTER SERVICE CONTRACT • RECOMMENDATION It is recommended that the City Council approve a five (5) year, Helicopter service contract(copy attached) with the City of El Monte. BACKGROUND On May 7, 2007, the City of Azusa and the City of El Monte entered into a five (5) year agreement for the City of El Monte to provide Helicopter services to the City of Azusa. The contract ended on May 7, 2012, and a"First Amendment to Master Agreement", also referred to as the "Contract Extension", was approved as to form by the City Attorney. The Azusa City Council approved a one (1) year extension of our current contract from May 8, 2012 through June 30, 2013. SECTION 1 of The "First Amendment to Master Agreement" contained language that provided for two (2), three (3) month automatic renewal periods of the original contract extension referred to above. Moreover, the automatic renewal periods were subject to cancellation upon written notice, which neither party exercised. The contract extension will expire on December 31, 2013. The City of El Monte has prepared and provided the City of Azusa with terms of a new five (5) year agreement commencing September 16, 2013, and terminating September 15, 2018. The 2013-2018 contract has been approved as to form by the City Attorney. ANALYSIS During the extension period, staff explored other, regionally available police Helicopter service providers, and/or options to compare with the City of El Monte's new five (5) year term contract offer. The Los Angeles County Sheriff's Department, California Highway Patrol, and Los Angeles Police Departments operate helicopter bureaus, but do not offer contract based services. The Pasadena Police Department operates contract helicopter services, and provided a bid of$32,000.00; however, it services ten (10) cities, with a combined population of 613,269 (Census Data, 2011). The El Monte Police Department provided a bid of $37,500.00; however, it services six (6) cities, with a combined population of 408,172 (Census Data, 2011). Based upon the nearly 40% difference between populations serviced, and the heliport's proximity to Azusa, El Monte's police helicopter service should have substantially greater availability. No other regionally available, contract police helicopter service exists. FISCAL IMPACT Helicopter service for fiscal year 2013/2014 will be paid through COPS/Brulte funds ($37,500). This expenditure will not utilize any General Funds. Prepared by: Captain Frank Chavez CA Agmt No. 13PD10.326 fief: * i t` 411fl1 17 7'�� 4 X859 `h$S1N1 July 2013 EL MONTE HELICOPTER PROGRAM PARTICIPATION AGREEMENT (Parties: City of El Monte and City of Azusa) THIS 2013 HELICOPTER PROGRAM PARTICIPATION AGREEMENT (the " Agreement " ) is made and entered into on this day of 2013 by and between the CITY OF EL MONTE, a municipal corporation and general law city (hereinafter, "CITY") and THE CITY OF AZUSA a municipal corporation and general law city ("AZUSA"). For the purposes of this Agreement, CITY and AZUSA may be referred to collectively as the "Parties." The capitalized term "Party" may refer to CITY or AZUSA interchangeably. RECITALS WHEREAS, CITY is the owner of three R-44 Police Equipped Helicopters, Serial No. 331, Serial No. 11781 and Serial No. 1060 (collectively,the "Helicopters"); and WHEREAS, on or about May 7, 2007, the Parties executed and entered into an agreement entitled "Helicopter Agreement" (CA Agmt. No. 06PS080) (hereinafter, the "Master Agreement") (A true and correct copy of the Master Agreement is attached hereto as Exhibit "A");and WHEREAS, on or about June 26, 2012, the Parties executed and entered into an agreement entitled "First Amendment to Master Agreement" (hereinafter, the "First Amendment") (A true and correct copy of the First Amendment is attached hereto as Exhibit "B");and WHEREAS, the Master Agreement and the First Amendment generally provide for the shared use of the Helicopters to provide aerial support to CITY police officers and AZUSA police officers engaged in law enforcement functions in each jurisdiction; and WHEEREAS, the Master Agreement also provides for joint staffing of the subject Helicopters by CITY and AZUSA sworn personnel; and WHEREAS,AZUSA desires to continue to utilize the Helicopters in aiding its policing function. NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby,the Parties agree as follows: 1 CA Agmt No. 13PD10.326 Section 1. Obligations of El Monte. A. El Monte agrees to make the Helicopters available to Azusa for use in its policing activities. In addition, El Monte shall provide full-time police officers (hereinafter "El Monte Pilots") to pilot the Helicopters, except as provided in Section 2. El Monte shall be responsible for payment of all of the El Monte Pilots' wages and benefits as employees of the City of El Monte, and shall comply with all requirements pertaining to employer's liability, worker's compensation, unemployment insurance, and social security. B. El Monte shall procure and maintain at all times during the initial term of this Agreement or any extension thereof all appropriate liability insurance coverage for the Helicopters. Upon demand, El Monte shall provide Azusa with certificates of insurance evidencing insurance coverage. All applicable insurance policies shall name Azusa and all other Cities participating in the El Monte Helicopter Program as additional insureds. The Parties agree that Azusa's failure to issue a written objection to the certificates of insurance within ten (10) days from its receipt by Azusa shall be interpreted to mean that Azusa is satisfied as to the adequacy of the insurance coverage procured and maintained by El Monte and accepts the coverage of El Monte in full. Further, El Monte shall be responsible for all maintenance or repairs to the Helicopters. Section 2. Obligations of Azusa. Azusa shall compensate El Monte for the use of the Helicopters pursuant to the terms of this Agreement. In addition, Azusa shall provide one part- time employee. The part-time employee shall serve his/her time in air support at a minimum of ten (10) hours per week. It shall be Azusa's option if that employee will be an Azusa Tactical Flight Officer (hereinafter "ATFO") or a Azusa Pilot (hereinafter "AP"). If the ATFO/AP is absent from work due to vacation, sick time, personal leave, or compensatory time, Azusa shall make every reasonable effort to provide a replacement. If Azusa is unable to provide a replacement ATFO/AP, the City of El Monte shall have the option of providing a Tactical Flight Officer ("TFO") and/or Pilot ("P") or ceasing flight operations until such time as a TFO/P is available for flight duty. The ATFO/AP shall be an employee of Azusa and Azusa shall be responsible for the payment of all of the ATFO/APs' wages, benefits and other compensation. Azusa shall also comply with all requirements pertaining to employer's liability, worker's compensation,unemployment insurance and Social Security. Section 3. Reciprocal Indemnification and Hold Harmless Provisions. A. El Monte agrees to indemnify and hold harmless Azusa, its elected and appointed officers, employees and agents from and against any damage or injury to persons or property due to the negligence or willful misconduct of El Monte or its elected or appointed officials, officers, employees and agents in the performance of this Agreement. Any claim for indemnification must be submitted in writing to the person set forth for notice contained in this Agreement. B. Azusa agrees to indemnify and hold harmless the City of El Monte, the other Program Participants and their respective elected or appointed officials, officers, employees and agents from and against any damage or injury to persons, including death, and/or property due to the negligence or willful misconduct of Azusa or its elected or appointed officials, officers, 2 CA Agmt No. 13PD10.326 employees and agents in the performance of this Agreement. Any claim for indemnification must • be submitted in writing to the person set forth for notice contained in this Agreement. Section 4. Mission. A. The mission of the Helicopter Program established by this Agreement shall be to provide police air support services for the Police Department of Azusa and such other cities which participate. Such services shall include, but are not limited to, emergency response calls for aerial surveillance and assistance relating to in-progress felonies, vehicle pursuits, crimes against persons or property and other like activities. B. The Helicopter Program will be based upon a planned seven (7) day availability per week basis, primarily for nighttime operations. When operations are cancelled due to weather, maintenance or any other matter causing cancellation, the personnel of the parties will be reassigned to their respective police departments for deployment. C. In such occasions where there is a request or need for air support from more than one (1) city, the mission of the Helicopter Program is to provide air support to the city with the highest priority of call as established by the nature, urgency and severity of the call. The priority determination for each particular call shall lie within the sole discretion of the TFO/P in Command. If air support cannot be provided by El Monte to Azusa for a high priority, El Monte shall attempt to secure air support from another agency at no additional cost or liability to Azusa. Section 5. Costs. Azusa shall pay to El Monte as and for its proportionate share of the costs to use the Helicopters the maximum of sum of Thirty Seven Thousand Five Hundred Dollars ($37,500.00) per year payable in a single payment from Azusa grant funds which are received in November each year. Section 6. [RESERVED NO TEXT] Section 7. Non-Liability of Official or Employee of Azusa. No official or employee of Azusa shall be personally liable to El Monte in the event of any default or breach by Azusa for any amount of monies which may become due to El Monte under paragraphs 5 and 6. Section 8. Term. The term of this Agreement shall be for a period of five (5) years commencing from the effective date of this Agreement (hereinafter "Initial Term"). Subject to the same terms of the Agreement and provided that neither Party is in material default under this Agreement, this Agreement may be renewed in writing by the Parties for additional terms of one (1) year each (hereinafter "Renewal Term") upon written notice of intention to renew not less than thirty (30) days prior to the expiration of the Initial Term or any Renewal Term. Section 9. Termination. At any time during the Initial Term or any Renewal Term of this Agreement, either Party hereto shall have the right to terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other Party. The effective date of such termination shall be the thirty-first (31St) day following the date of the notice of termination. Azusa shall pay El Monte any costs which would otherwise be payable to El Monte for 3 CA AgmtNo. 13PD10.326 utilization of the Helicopters, which have accrued up to and including the last day of participation in the El Monte Helicopter Program. Section 10. Notices. Whenever notices are required to be given pursuant to the provisions of this Agreement, the same shall be in writing, served upon the Party to the address and recipient designated below and conclusively deemed served when delivered personally or on the third business day after the deposit thereof in the United States Mail,postage prepaid. All notices, demands,requests or approval hereunder shall be given to the following addresses or such other addresses as the parties may designate by written notice: EL MONTE: City of El Monte 11333 Valley Boulevard El Monte,California 91731 Attn: City Manager AZUSA: City of Azusa 213 East Foothill Boulevard Azusa, Calif. 91702 Attn: Police Chief Section 11. Compliance with Laws: In administering the El Monte Helicopter Program, the Parties agree at all times to observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Section 12. Binding Effect. The provisions of this Agreement shall be binding upon the Parties hereto and their respective successors in interest. Section 13. Section Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents of the sections to which they relate. Section 14. No Presumption Re: Drafter. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any Party to be the drafter of this Agreement, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement. Section 15. Assistance of Counsel. Authority to Execute. Each Party to this Agreement agrees and acknowledges to the other Party that (1) that each Party either had the assistance of counsel in the negotiation for, and execution of, this Agreement, and all related documents; and (2)that each Party has lawfully authorized the execution of this Agreement. 4 CA Agmt No. 13 PD 10.326 Section 16. Dispute Resolution. Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent feasible, be resolved through good faith negotiations between the Parties. If any action at law or equity is required to enforce or interpret the provisions of this Agreement, the prevailing Party in such litigation shall be entitled to an award of reasonable attorney's fees in addition to any other relief to which it may be entitled. Section 17. Arbitration. A. Except as otherwise expressly provided herein, the Parties hereto agree that any claim or dispute between them, arising out of or relating to the terms of this Agreement, shall be resolved by compulsory binding arbitration conducted by a retired Superior Court Judge of the State of California or other qualified person the Parties mutually agree upon, provided such arbitration is approved by the legislative bodies of the respective parties. The claim or dispute being arbitrated shall be resolved in accordance with California law. B. If applicable, the arbitration proceedings shall be governed by the laws and procedures governing civil judicial proceedings, including, but not limited to, discovery statutes. Each Party shall comply with all applicable laws relating to binding and compulsory arbitration, the directions given by the Arbitrator and the provisions of this Agreement. The determinations made by the Arbitrator, if within the scope of the Arbitration and the Arbitrator's function, shall be binding and conclusive on the Parties and shall be enforceable in the manner provided by law. The Arbitrator shall be selected in the following manner: (1) The Party initiating the arbitration ("Initiating Party") shall prepare and submit to the other Party a list ("List") containing the names of not less than three (3) retired Superior Court Judges all of whom the Initiating Party believes are qualified to serve as Arbitrator. The names of the judges on the List shall be numbered consecutively. (2) The Party upon whom the List is served, within ten (10) calendar days after service of the List, shall either: (a) select one of the named retired judges to act as Arbitrator, in which case that retired judge shall serve as the Arbitrator; or (b) strike one (1) name from the List. (3) Upon expiration of said ten (10) day period, if no selection is made,the Arbitrator shall be the retired judge on the List with the lowest number next to his name, unless that judge's name was stricken during the ten (10) day period by the non-initiating Party. (4) If, for any reason, the retired judge designated as the Arbitrator is unwilling or unable to serve as the Arbitrator,the judge on the List with the next lower number whose name was not stricken shall be the Arbitrator. In the event that none of the 5 CA Agmt No. 13 PD 10.326 three retired judges named on a List, are willing or able to serve as the Arbitrator, the Initiating Party shall prepare and submit a new List, containing the names of not less than three (3) different retired judges, and the above described procedure shall be followed until an Arbitrator is selected. Each Party hereto hereby agrees to pay one-half of the compensation to be paid to the Arbitrator, and except as otherwise expressly provided herein, each Party shall bear its own costs and expenses of arbitration, including,but not limited to,attorneys'fees and related costs. By way of illustration, if the List served by the Initiating Party, upon the other Party, has the name of three (3) retired judges, A, B, and C,numbered 1, 2 and 3,respectively; and number 1 is stricken,then B,Number 2, shall be deemed, for all purposes,to be the selected Arbitrator. Section 18. Severability. This Agreement shall not be deemed severable. If any provision or part hereof is judicially declared invalid,this Agreement shall be void and of no further effect. Section 19. Governing Law. This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. Section 20. Waiver. Waiver by any Party of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. Section 21. Modification. This Agreement contains the entire understanding between the Parties. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each Party. Section 22. Effective Date. Unless otherwise specified herein, this Agreement shall become effective as of the date both Parties execute this Agreement. Section 23. Supersedes All Prior Agreements. This Agreement shall supersede all previous agreements written and approved prior to the effective date of this agreement. [SIGNATURE PAGE TO FOLLOW J 6 CA Agmt No. 13PD 10.326 SIGNATURE PAGE TO THE AGREEMENT FOR EL MONTE HELICOPTER PROGRAM PARTICIPATION BY AND BETWEEN THE CITY OF EL MONTE AND THE CITY OF AZUSA CITY OF EL MONTE Date: Jesus Gomez Acting City Manager of the City of El Monte A! LEST: APPROVED AS TO FORM: Lorene Gutierrez Richard Padilla City Clerk of the City of El Monte El Monte Assistant City Attorney CITY OF AZUSA Date: City Manager of the City of Azusa Acting with the approval of the City Council of the City of Azusa granted at the Council Meeting held in accordance with Chapter 2,Article VII of the Azusa Municipal Code. A IIEST: APPROVED AS TO FORM: Jeffrey Cornejo Marco Martinez City Clerk of the City of Azusa City Attorney of the City of Azusa 7 Information Item Presented a i(,/ )0/, 14110 ZUS CONSENT ITEM D-12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ART VASQUEZ, CITY TREASURER DATE: SEPTEMBER 16, 2013 SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES FOR THE MONTH OF JULY 2013 RECOMMENDATION: It is recommended that the Council Members receive, review, and file the City Treasurer's Report for the City of Azusa for the month of July 2013. BACKGROUND: Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of July 2013. City investments are made in accordance with the City's Investment Policy adopted and approved with Resolution No. 05 — C16 dated, February 4, 2013, and Government Code Section 53600 et seq. FISCAL IMPACT: The balances of cash, investments, and projected revenues for the next six months are expected to be sufficient to meet cash disbursement requirements of the City for at least the next six months. The change in total cash in bank and investments from June 30, 2013 to July 31, 2013 is a net increase of$354,689.79. CITY OF AZUSA TREASURER'S REPORT Prepared by: Art Vasquez, Treasurer Treasury Checking Accounts and Certificates of Deposit July 31,2013 Held in Wells Fargo Bank Face Maturity Interest or Balance Account Number Amount Date Coupon Description or or CUSIP Rate Market Value Checking Accounts General Checking Account XXX-XXX1244 97,700.00 Stagecoach Sweep Account DDA XXX-XXX1244 3,873,439.01 Worker's Compensation Checking XXXX-XX3279 0.00 Payroll Checking(ZBA account) XXXX-XX1393 0.00 Police Petty Cash Fund XXX-XXX0334 105.12 Police Detective Petty Cash Fund XXX-XXX2231 4,448.55 Section 108 0.970% Choice IV-Public Fund Account XXX-XXX2239 30,831.76 Covington Endowment WFB Advantage Heritage Money Market Fund(rated AAAm/Aaa) WFB XXXX7554 20,512.13 100,000 05/12/14 1.400% Certificate of Deposit Discover Bank DE Matures 5/12/14 CUSIP 254670D66 100,660.10 TOTALS WELLS FARGO BANK ACCOUNTS 4,127,696.67 Page 1 CITY OF AZUSA TREASURER'S REPORT Prepared by: Art Vasquez,Treasurer July 31,2013 Market Price Interest Received Coupon Maturity Settlement Market Broker Face Amount Description Rate Date Acct/Cusip No. Date Principal** (Changes Value*** Fiscal Year to Monthly) Date* City of Azusa Investments - Certificates of Deposit-FDIC Insured CERTIFICATES OF DEPOSIT SOLD OR MATURED DURING FISCAL YEAR 0.00 Wachovia Sec 100,000.00 Ally Bank 1.100% 09/08/14 02005QTS2 09/07/11 100,000.00 100.816 100,816.00 Wachovia Sec 100,000.00 Ally Bank UT 95.000% 02/08/15 02005QYS6 02/08/12 100,000.00 100.834 100,834.00 Wachovia Sec 250,000.00 American Express Centurion 1.250% 06/09/14 02587DAX6 06/06/11 250,000.00 100.690 251,725.00 Wachovia Sec 200,000.00 Bank Hapoalim NY 1.000% 07/24/15 06251AYD6 07/24/12 200,000.00 100.614 201,228.00 991.78 Wachovia Sec 200,000.00 Bank of China New York 0.600% 01/06/14 06425H4T0 07/05/12 200,000.00 100.043 200,086.00 595.07 Wachovia Sec 200,000.00 Barclays Bank of Delaware 1.600% 01/11/16 06740KFS1 01/11/12 200,000.00 101.855 203,710.00 1,586.85 Wachovia Sec 200,000.00 BMW Bank of North America 1.350% 09/23/14 05568PR90 09/23/11 200,000.00 100.824 201,648.00 Wachovia Sec 200,000.00 CIT Bank SLC 1.450% 11/14/14 17284AH43 11/14/11 200,000.00 101.133 202,266.00 Wachovia Sec 200,000.00 Compass Bank Birmingham AL 1.000% 12/29/14 20451PAC0 06/29/12 200,000.00 100.441 200,882.00 997.26 Wachovia Sec 245,000,00 Everbank Jacksonville FL 0.500% 11/29/12 29976DQC7 11/29/12 245,000.00 99.999 244,997.55 Wachovia Sec 200,000.00 Goldman Sachs Group,Inc. 1.200% 03/07/16 38143ALTO 03/07/12 200,000.00 100.152 200,304.00 Wachovia Sec 200,000.00 Huntington National Bank 0.750% 12/08/14 446438QL0 06/08/12 200,000.00 100.440 200,880.00 WFB 200,000.00 JP Morgan Chase 0.500% 02/16/16 48124JSS8 02/15/13 200,000.00 98.461 196,922.00 First Clearing Corp 245,000.00 Key Bank National Association 0.450% 03/13/15 49306SRH l 03/13/13 245,000.00 99.755 244,399.75 Wachovia Sec 200,000.00 Merrick Bank South Jordan UT 0.900% 01/25/16 590121/96 07/25/12 200,000.00 100.627 201,254.00 147,95 Wachovia Sec. 100,000.00 Metlife Bank,NA 1.300% 10/28/13 591557FH1 10/21/10 100,000,00 100.234 100,234.00 Wachovia Sec 245,000.00 Mizuho Corp Bank USA 0.500% 12/12/13 60688TGZ6 12/12/12 245,000.00 100.089 245,218,05 Wachovia Sec 200,000.00 Safra National Bank 0.800% 06/29/15 786580T83 07/28/12 200,000.00 100.619 201,238.00 Wachovia Sec 200,000.00 Sallie Mae Bank Murray UT 1.100% 08/10/15 795450NT8 08/08/12 200,000.00 100.597 201,194.00 Wachovia Sec 200,000.00 Sovereign Bank FSB 0.700% 06/20/14 84603MZ66 06/20/12 200,000.00 100.266 200,532,00 Wachovia Sec 200,000.00 State Bank of India NY 1.250% 06/22/15 856284F74 06/22/12 200,000.00 100.691 201,382.00 Wachovia Sec 245,000.00 Webster Bank NA 1.000% 12/12/17 94768N.ID7 12/12/12 245,000.00 99.034 242,633.30 Wachovia Sec 245,000.00 Wells Fargo Bank WFCO 0.950% 02/28/18 94986TMB0 02/27/13 245,000.00 97.875 239,793.75 TOTALS 4,575,000.00 4,575,000.00 4,584,177.40 4,318.91 Page 2 CITY OF AZUSA TREASURER'S REPORT Prepared by: Art Vasquez,Treasurer July 31,2013 Market Price Interest Received Coupon Maturity Settlement ** Market Broker Face Amount Description Acct/Cusip No. Principal (Changes Fiscal Year to Rate Date Date Monthly) Value*** Date* City of Azusa Investments - AAA Rated Federal Agency Bonds BONDS CALLED OR MATURED DURING FISCAL YEAR 0.00 Gilford Sec 1,000,000 FFCB 0.710 07/19/16 0.710% 07/19/16 3133EAYQ5 07/23/12 1,000,000.00 99.888 998,880.00 3,550.00 Gilford Sec 1,000,000 FFCB 0.770 6/15/17 0.770% 06/15/17 3133EC5L4 12/05/12 999,300.00 98.153 981,530.00 Gilford Sec 1,000,000 FFCB 0.875 06/14/16 0.875% 06/14/16 3133EAUE6 06/14/12 1,000,000.00 100.007 1,000,070.00 Gilford Sec 1,000,000 FFCB 0.900 12/26/17 0.900% 12/26/17 3133ECB45 12/26/12 999,500.00 97.890 978,900.00 Gilford Sec 1,000,000 FFCB 0.980 09/18/17 0.980% 09/18/17 3133EAX29 09/20/12 1,000,000.00 98.414 984,140.00 Gilford Sec 1,000,000 FFCB 1.030 3/12/18 1.030% 03/12/18 3133ECHS6 03/12/13 1,000,000.00 97.769 977,690.00 RBC Dain Rauscher 1,000,000 FFCB 1.050 3/14/18 1.050% 03/14/18 3133ECJ39 03/14/13 999,500.00 98.263 982,630.00 Higgins 1,000,000 FFCB 1.100 06/20/17 1.100% 06/20/17 3133EAVA3 06/20/12 1,000,000.00 98.128 981,280.00 Gilford Sec 1,000,000 FHLB.085 07/24/17 0.850% 07/24/17 313380WR4 10/24/12 1,000,000.00 98.145 981,450.00 4,250.00 Gilford Sec 1,500,000 FHLB 0.800 05/23/17 0.800% 05/23/17 313381AN5 11/23/12 1,500,000.00 98.288 1,474,320.00 Gilford Sec 1,000,000 FHLB 0.850 08/15/17 0.850% 08/15/17 313381224 02/15/13 1,000,000.00 98.422 984,220.00 Gilford Sec 1,000,000 FHLB 0.980 11/15/17 0.980% 11/15/17 3133817D1 11/15/12 1,000,000.00 98.529 985,290.00 WFB 1,000,000 FHLB 1.00001/30/18 1.000% 01/03/18 313381TW5 01/30/13 1,000,000.00 98.155 981,550.00 5,000.00 Wachovia Sec 1,000,000 FHLB 1.250 07/29/14 1.250% 07/29/14 313370YK8 09/17/10 1,000,000.00 101.063 1,010,630.00 6,250.00 Higgins 1,000,000 FHLB 1.375 6/27/18 1.375% 06/27/18 313383JP7 6/27/2013 1,000,000.00 98.373 983,730.00 Higgins 1,000,000 FNMA 1.050 05/25/18 1.050% 05/25/18 3135G0XK4 05/30/13 1,000,000.00 97.394 973,940.00 TOTALS 16,500,000 16,498,300.00 16,260,250.00 19,050.00 WFB-CITY THIRD PARTY CUSTODIAL TRUST ACCT 0.070% N/A N/A N/A 5,296,366.18 100.000 5,296,366.18 339.33 LA1F-CITY LOCAL AGENCY INVESTMENT FUND 0.286% N/A N/A N/A 17,297,091.66 100.000 17,297,091.66 0.00 Page 3 CITY OF AZUSA TREASURER'S REPORT Prepared by: Art Vasquez,Treasurer July 31,2013 Market Price Coupon Maturity Settlement Market Interest Received Broker Face Amount Description Acct/Cusip No, Principal** (Changes *** Rate Date Date Value Fiscal Year to Date* Monthly) Light& Water Fund Investments - Certificates of Deposit-FDIC Insured CERTIFICATES OF DEPOSIT SOLD OR MATURED DURING FISCAL YEAR 0.00 Wachovia Sec 245,000.00 Bank Baroda NY 0.550% 10/16/13 060624PQ0 10/16/12 245,000.00 100.009 245,022.05 Wachovia Sec 40,000.00 Bank Hapoalim NY 1.000% 07/24/15 _ 06251AYD6 07/24/12 40,000.00 100.614 40,245.60 198.36 Wachovia Sec 40,000.00 Bank of China NY 0.850% 02/03/14 06425HYW0 02/01/12 40,000.00 100.259 40,103.60 Wachovia Sec 40,000.00 BMW Bank of NA 1.350% 04/27/16 05568PW45 04/27/12 40,000.00 100.706 40,282.40 Wachovia Sec 40,000.00 Compass Bank Birmingham AL 0.900% 06/30/14 20451PAB2 06/29/12 40,000.00 100.262 40,104.80 179.51 Wachovia Sec 200,000.00 Discover Bank Greenwood DE 1.050% 05/11/15 254671AR1 05/09/12 200,000.00 100.622 201,244.00 Wachovia Sec 240,000.00 Enerbank USA 5.000% 09/14/14 29266NUY1 06/14/12 240,000.00 100.260 240,624.00 98.63 Wachovia Sec 240,000.00 First National Bank of Omaha 0.500% 01/10/14 332135EZ1 10/10/12 240,000.00 99.987 239,968.80 Wachovia Sec 200,000.00 GE Capital Financial Inc. 1.250% 05/18/16 36160XD87 05/18/12 200,000.00 99.947 199,894.00 Wachovia Sec 235,000.00 GE Capital Retail Bank 1.050% 04/27/15 36157PCW7 04/27/12 235,000.00 100.260 235,611.00 Wachovia Sec 40,000.00 Goldman Sachs Group,Inc. 0.850% 02/03/14 38143AJB2 02/01/12 40,000.00 100.149 40,059.60 Wachovia Sec 40,000.00 Huntington National Bank 0.750% 12/08/14 446438QL0 06/08/12 40,000.00 100.440 40,176.00 Wachovia Sec 40,000.00 Safra National Bank 0.800% 06/29/15 786580T83 07/28/12 40,000.00 100.619 40,247.60 Wachovia Sec 40,000.00 Sovereign Bank FSB 0.700% 06/20/14 84603MZ66 06/20/12 _ 40,000.00 100.266 40,106.40 Wachovia Sec 40,000.00 State Bank of India NY 1.250% 06/22/15 856284F74 06/22/12 40,000.00 100.691 40,276.40 TOTALS 1,720,000.00 1,720,000.00 1,723,966.25 476.50 Page 4 • CITY OF AZUSA TREASURER'S REPORT Prepared by: Art Vasquez,Treasurer July 31,2013 Market Price Interest Received Coupon Maturity Settlement Market Broker Face Amount Description Acct/Cusip No. Principal** (Changes Fiscal Year to Rate Date Date Monthly) Value*** Date* Light&Water Fund Investments - AAA Rated Federal Agency Bonds BONDS CALLED OR MATURED DURING FISCAL YEAR 0.00 Gilford Sec 1,000,000.00 FFCB 0.730 03/13/17 0.730% 03/13/17 3I33ECHG2 03/13/13 1,000,000.00 98.811 988,110.00 Gilford Sec 655,172.41 FHLB 0.720 08/08/16 0.720% 08/08/16 3133805K9 08/08/12 654,844.82 99.606 652,591.03 WFB 1,000,000.00 FFCB 0.690 09/26/16 0.690% 09/26/16 3133EAZ76 09/26/12 1,000,000.00 99.764 997,640.00 WFB 1,000,000.00 FFCB 0.620 10/24/16 0.620% 10/24/16 3133EA5V6 10/24/12 1,000,000.00 99.540 995,400.00 Gilford Sec 1,000,000.00 FFCB 0.820 07/11/17 0.820% 07/11/17 3133EA4H8 10/12/12 999,000.00 98.104 981,040.00 4,100.00 Gilford Sec 1,000,000.00 FFCB 0.980 09/18/17 0 980% 09/18/17 3133EAX29 09/18/12 1,000,000.00 98.414 984,140.00 Gilford Sec 1,000,000.00 FHLB 1.000 02/27/18 1.000% 02/27/18 3133823D3 02/27/13 1,000,000.00 98.066 980,660.00 Higgins Capital 1,000,000.00 FHLB 0.900 06/20/18 0.900% 06/20/18 313383EM9 06/20/13 994,500.00 98.135 981,350.00 TOTALS 7,655,172.41 7,648,344.82 7,560,931.03 4,100.00 WFB-L&W THIRD PARTY CUSTODIAL TRUST ACCT 0.790% N/A N/A N/A 427,679.47 100.000 427,679.471 60.25 Market Price Market Interest Received CITY OF AZUSA and LIGHT&WATER RATE STABLIZATION Principal** (Changes Value*** Fiscal Year to Monthly) Date* TOTAL INVESTMENTS IN FEDERAL AGENCIES,CD's,WFB INSTITUTIONAL TRUSTS,and LAIF 53,462,782.13 53,150,461.99 28,344.99 *The Interest reflects earnings received from July 1,2013. **The"Principal"column reflects the balance on the last day of the month or the"historical cost"spent to purchase a security. ***The"Market Value" is the current price at which a security can be traded or sold. Page 5 APPROVED COUNCIL MEETING Date, .k D 'I� gf1� f?-o13 _ (,),411.„-,�y s.F.i:u...�.., ..,.. ..,w.,..,. d> �.,....,. ►ZUS. CONSENT ITEM D-3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT NEIUBER, DIRECTOR OF HUMAN RESOURCES VIA: JAMES MAKSHANOFF, CITY MANAGER DATE: SEPTEMBER 16, 2013 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 September 10,2013,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 Police Fernando Police Officer Merit Inc 6101/5 Vasconcelos 08/19/2013 $7,030.77 Public Works David Ochoa Street Maintenance Worker I Reg Appt./Merit Inc 8153/2 07/09/2013 $3,558.02 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 Utilities Talika Graham Utilities Administrative TBD-pending phy 3212/3 Financial Services Manager &fingerprinting $7,550.87 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets.