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HomeMy WebLinkAboutAgenda Packet - March 6, 2006 - CC ass AZUSA CONSENT ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CATHY A. HANSON, DIRECTOR OF HUMAN RESOURCES CO VIA: F.M. DELACH DATE: MARCH 6, 2006 SUBJECT: RESOLUTION CONFIRMING THE DECISION OF THE PERSONNEL BOARD REGARDING THE DISCHARGE OF MICHAEL LORUSSO RECOMMENDATION It is recommended that City council approve the attached resolution sustaining the decision of the Personnel Board in the discharge of Michael Lorusso. BACKGROUND On December 20, 2005, the City of Azusa Personnel Board issued its findings to sustain the decision of the City Manager, Francis Detach, discharging Michael Lorusso, Maintenance Supervisor, from City employment effective August 8, 2005. In accordance with Section 2-228 of the City of Azusa Municipal Code, Mr. Lorusso timely appealed the findings of the Personnel Board to the City Council. Section 2-227 of the City of Azusa Municipal Code provides that except for a finding of bad faith or lack of evidence the findings of the Personnel Board shall be final. As such, in accordance with the Municipal Code, unless the City Council determines that there was bad faith or lack of evidence to support the findings of the Personnel Board, those findings shall be final. In accordance with the Municipal Code, the City Council reviewed the record and has been given representatives for Mr. Lorusso and the City an opportunity to make an oral presentation and written argument regarding Mr. Lorusso's appeal of the Personnel Board's decision. The City Council has deliberated and concluded that neither bad faith nor lack of evidence was found to support the findings by Mr. Lorusso and upheld the Personnel Board's decision. FISCAL IMPACT The cost of the hearing and attorney's fees were paid for through the Human b/ - Resources budget. ���/ j4 • a '`` �G RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REGARDING THE DISCIPLINARY APPEAL HEARING OF MICHAEL LORUSSO WHEREAS, Section 2-228 of the Municipal Code of the City of Azusa states an appeal of the Personnel Board's decision regarding a disciplinary action may be made by an affected employee to City Council within certain guidelines; and, WHEREAS, on December 20, 2005, the Personnel Board issued its findings to sustain the decision of the City Manager, Francis Detach discharging Michael Lorusso, Maintenance Supervisor form City employment effective August 8, 2005; and WHEREAS, Section 2-227 of the City of Azusa Municipal Code provides that except for a finding of bad faith or lack of evidence the findings of the Personnel Board shall be final. As such, in accordance with the Municipal Code, unless the City Council determines that there was bad faith or lack of evidence to support the findings of the Personnel Board, those findings shall be final; and WHEREAS, the City Council of the City of Azusa does hereby conclude that neither bad faith or lack of evidence to support the findings has been demonstrated by Mr. Lorusso to disturb the decision of the Personnel Board; NOW, THEREFORE, BE IT RESOLVED that the findings of the Personnel Board are now final. PASSED AND ADOPTED by the City Council of the City of Azusa at a regular meeting held on the 6th day of March 2006. MAYOR OF THE CITY OF AZUSA I HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of said City Council on the 6th day of March 2006, by the follow roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS CITY CLERK OF THE CITY OF AZUSA a w ice. AZUSA' CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F. M. DELACH, CITY MANAGER DATE: MARCH 6, 2006 SUBJECT: RESOLUTION OPPOSING AB 2015, LEGISLATION TO INCREASE THE SIZE OF THE AIR QUALITY MANAGEMENT DISTRICTBOARD RECOMMENDATION It is recommended that the City Council approve the attached resolution opposing AB 2015. BACKGROUND Under existing law, the AQMD Board consists of 12 members, including one member appointed by the cities in the western region of the County of Los Angeles, and one member appointed by the cities in the eastern region of the County of Los Angeles. Those specified cities are required to organize a city selection committee and hold a public meeting in order to determine the appointment from each region. The selected representative must be voted in by both a majority of the cities, and a majority of population in those cities. Additionally, existing law specifically defines the cities that comprise the western region of the County of Los Angeles, and those cities not specified as included in the western region are to be included in the eastern region for the purpose of appointing members to the AQMD Board. Since this requirement was chaptered into law, new cities that have been incorporated in western Los Angeles County are considered to be eastern sector cities. South Bay Cities Council of Governments Proposal The SBCCOG has developed a proposal (AB 2015) to reconfigure the AQMD Governing Board by adding four additional city representatives to the existing Board. This includes Ai /41/4/7 � 411# 411 4 0f. .. t):****' 3 r oro 'AZUSA CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F. M DELACH, CITY MANAGER DATE: MARCH 6, 2006 SUBJECT: AUTHORIZATION TO APPROPRIATE FUNDS FOR AZUSA VETRANS OF FOREIGN WARS COMMUNITY FLAG PROGRAM REPLACEMENT RECOMMENDATION It is recommended that the City Council authorize the City Manager to appropriate $1,000 to assist in the replacement of Azusa Veterans Community American Flags. BACKGROUND: The Azusa Veterans Of Foreign Wars organization has requested the renewal of City assistance in replacement of the American Flags posted throughout our community during patriotic holidays. Traditionally the City has participated in the procurement of flags for the recognition of patriotism and the overall benefit to Azusans. Staff is in complete support of this endeavor and is requesting Council concurrence to permit the City Manager to fund the flag replacement from the source he feels is most appropriate. FISCAL IMPACT: The fiscal impact is a $1,000 contribution to the Azusa Veteran's of Foreign Wars for American Flag Program replacement. c\U )100 41./Li/o. 6 one additional representative from each of the four counties in the AQMD's jurisdiction, with the City of Los Angeles having its own Board Member. This would bring the total " number of Board Members to 16. In December, the proposal, which also includes an unspecified realignment of the western and eastern sector cities, was submitted to legislative counsel in Sacramento to have bill language drafted. The following is a list of issues that AQMD has with the legislation: 1. Larger boards are usually more staff-driven and the board is less involved in the actual decision making. Also, a quorum is more difficult to maintain with a larger governing body. 2. If a restructure is made, it should be based on the level of exposure in the area, rather than population, because an area may be sparsely populated, but the exposure of the people living in the area is greater. 3. Since the Inland Empire is receiving much of the effects of air pollution generated in the more western urbanized portions of the AQMD's jurisdiction, it is unfair to dilute representation of the eastern region. 4. Creating additional Board Members would also incur additional costs and raise fees, which would be a burden to the regulated community. 5. It is better to form another advisory group composed of elected officials and city representatives who can provide input to the Board on air quality concerns within their communities. 6. Expanding the Board to 16 or 20 members would make it more difficult for Board Members to reach agreement and consensus on issues, since approval needs to be secured by a majority of the members of the Board. 7. Without expanding AQMD's authority, this particular initiative makes less sense, but with expanded authority, it may have merit and is a topic for discussion and some serious consideration. 8. No problem or issue has been identified that requires Board reconfiguration. 9. No new benefits or air quality improvements are going to arise from expanding the Board. 10.Because of demographics and the way the Board is configured today, the western sector cities of Los Angeles County have no opportunity to be represented if they disagree with the City of Los Angeles. 1 1 .The City of Los Angeles representative may not always represent the issues of the SBCCOG's member cities. The AQMD's opposition is based on the absence of any valid reason or justification to expand the current AQMD Board and any air quality benefits that might result from such actions. Potential problems resulting from the analysis of the SBCCOG proposal include increased operational costs for the AQMD, weakened Board decision making ability which may lead to a decreased rate of progress towards cleaner air, and diluted representation on the Board from the more impacted regions of AQMD. FISCAL IMPACT There is no fiscal impact as a result of this report at this time. Resolution No. A RESOLUTION OF THE CITY OF AZUSA OPPOSING ASSEMBLY BILL 2015, TO EXPAND THE SIZE OF THE AQMD GOVERNING BOARD WHEREAS, the South Coast Air Quality Management District(AQMD) is the regional government agency responsible for air pollution control in Orange and portions of Los Angeles, Riverside and San Bernardino counties; WHEREAS, the AQMD's Governing Board adopts policies and regulations that promote clean air within its four-county area, the smoggiest in the nation; federal and state law requires that AQMD achieve clean air standards to protect public health; WHEREAS, before it makes decisions that affect local residents and businesses, the AQMD must consider public comments. The opportunity to comment begins in public workshops and ends with a public hearing by the Governing Board; WHEREAS, the Board has 12 members with nine elected officials, including four county supervisors representing Los Angeles, Orange, Riverside and San Bernardino counties, elected to AQMD's Board by their Boards of Supervisors; five City Council members representing the cities in each county(because of its size, Los Angeles County has two representatives); and three members appointed by the Governor of California, the Speaker of the State Assembly and the State Senate Rules Committee; WHEREAS, AB 2015 increases the existing number of Board Members would provide no air quality benefits to the residents who live within the AQMD's jurisdiction; WHEREAS, no geographical area within the AQMD's jurisdiction is without representation by a member of the Governing Board; WHEREAS, no problem or issue has been identified to date that requires additional Board Members to resolve; WHEREAS, increasing the number of Board Members may weaken the representation for the people living in the most polluted areas; NOW THEREFORE BE IT RESOLVED that the City of Azusa urges the State Legislature of California to oppose AB 2015 because it increases the current size and composition of the AQMD Governing Board. PASSED,APPROVED, and ADOPTED this 6th day of March, 2006.