HomeMy WebLinkAbout2008 08 06NOTICE AND CALL
OF A
SPECIAL MEETING
OF THE
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF
THE CITY OF BALDWIN PARK
NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on
WEDNESDAY, AUGUST 6, 2008 at 6:00 PM at City Hall Council Chamber, 14403 E. Pacific
Avenue, Baldwin Park, CA 91706.
Said Special Meeting shall be for the purpose of conducting business in accordance with
the attached Agenda.
NO OTHER BUSINESS WILL BE DISCUSSED
Dated: July 31, 2008 "original signed"
Manuel Lozano
Mayor
AFFIDAVIT OF POSTING
1, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park, certify that I caused the
aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to
follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as
required by law on July 31, 2008.
Laura M. Nieto
Deputy City Clerk
City Council & Community Development Commission
Special Meeting Agenda — August 6, 2008
SPECIAL MEETING
OF THE
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
AUGUST 00:
• 11 '
CITY HALL - COUNCIL CHAMBER
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960 -4011
BALDWIN
Manuel Lozano -
Mayor /Chair
Anthony J. Bejarano -
Mayor Pro Tem/Vice Chair
Marlen Garcia -
Council Member /Member
Monica Garcia
- Council Member /Member
Ricardo Pacheco
- Council Member /Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed five (5) minutes
speaking time. A Spanish- speaking interpreter is
available for your convenience.
City Council & Community Development Commission
Special Meeting Agenda — August 6, 2008
COMENTAR/OS DEL PUBL/CO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda,
para hablar sobre cualquier asunto publicado en la
agenda o cualquier tema que este bajo su jurisdiccion.
Si usted desea la oportunidad de dirigirse al Concilio o
alguna de sus Agencias, podra hacerlo durante el
periodo de Comentarios del Publico (Public
Communications) anunciado en la agenda. A cada
persona se le permite hablar por cinco (5) minutos.
Hay un interprete para su conveniencia.
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SPECIAL MEETING — 6:00 PM
CALL TO ORDER
ROLL CALL:
Council members: Marlen Garcia, Monica Garcia,
Ricardo Pacheco, Mayor Pro Tern Anthony J. Bejarano
and Mayor Manuel Lozano
PUBLIC COMMUNICATIONS
Five (5) minute speaking time limit
Cinco (5) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA Si REQUiERE LOS SERVICiOS DEL !NTERPRETE
No se podra tomar acci6n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista algcina
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y1b fijar asuntos para tomar en
consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2]
ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT
COMMISSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8)
Properties: 4249 Bogart Avenue Herminia DeLoera
4156 Bogart Avenue Luis & Irma Delgado
4150-52 Bogart Avenue Johnathan A. Marquez
4134 Bogart Avenue Juan M. & Guadalupe Gutierrez
4118 Bogart Avenue Wallis C & Jolene Hannah
4145± Downing Avenue Agredano Properties LLC
14610-12 Clark Street Peter R. Nasmyth
14606 Clark Street Benjamin & Helene Stovitz/Trust
4216-20 Bogart Avenue Lin Te Shih
4202 Bogart Avenue Wilson S & Siu Seto
14626 Clark Street Vidal & Gilbert Ramirez
4217 Downing Avenue Ragon Corporation
4142 Downing Avenue Pedro lbarra
14714 Clark Street Louise V. Sagade/Family Trust
15010-014 Ramona Boulevard Manuel L & Hermilia Mota
4226 Park Place Fernando & Guillen, Eva Robles
4143-58 Maine Avenue Narendra & Usha Gupta
City Council & Community Development Commission
Special Meeting Agenda — August 6, 2008
4147 -51 Maine Avenue
14300 Ramona Boulevard
4140 -42 Bogart Avenue
4232 Bogart Avenue
4226 -28 Bogart Avenue
4209 Downing Avenue
4219 Downing Avenue
4221 Downing Avenue
14439 -41 Palmrose Avenue
4137 Puente Avenue
4221 Elton Street
Narendra & Usha Gupta
Wayne R & Valda Fletcher
Jose Raygoza
Salvador & Eva Cordova
Refugio I & Maria Soria
Paul W & Rosa Yee Family Trust
Tong G Wu
Limin Cao
Melba & Glen Johnson
Stephanie Monroe
Peter J & Rita Bustillos
4229 Park Place Jesus G & Smith William
4124 Maine Avenue Roxbury Properties
4232 Park Place Juan J. Curiel
Commission Negotiators: Vijay Singhal and Joe Pannone
Negotiating Parties: Above -named property owners
Under Negotiation: Terms and conditions
Llamas
2. CONFERENCE WITH LABOR NEGOTIATORS GC §54957.6
Agency Negotiators: Vijay Singhal, Chief Executive Officer; Richard Kreisler and
other representatives as designated
Employee Organizations: SEIU, Police Management Employees; and General
Management Employees
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
ADJOURNMENT
CERTIFICATION
I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury
under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin
board not less than 24 hours prior to the meeting. Dated July 31, 2008.
An, ';'? , ?At "
Laura M. Nieto
Deputy City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this
agenda are available for public viewing and inspection at City Hall, 2„ d Floor Lobby Area (14403 E.
Pacific Avenue) or at the Los Angeles County Public Library in the City of Baldwin Park (4181 Baldwin
Park Boulevard.) For further information regarding agenda items, please contact the office of the City
Clerk at 626.960.4011, ext. 466 or via e -mail at Inieto(a�_baldwinpark.com
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
this meeting, please contact the Public Works Department or Risk Management at 626.960.4011.
Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure
accessibility to this meeting, (28 CFR 34.102.104 ADA TITLE 11)
City Council & Community Development Commission
Special Meeting Agenda — August 6, 2008
aelAAffiA
AUGUST 6, 2008
7:00 PM
COUNCIL CHAMBER
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960 -4011
3
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed five (5) minutes
speaking time. A Spanish- speaking interpreter is
available for your convenience.
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda, para
hablar sobre cualquier asunto publicado en la agenda o
cualquier tema que est6 bajo su jurisdicci6n. Si usted
desea la oportunidad de dirigirse al Concilio o alguna de
sus Agencias, podr6 hacerlo durante el periodo de
Comentarios del Publico (Public Communications)
anunciado en la agenda. A cada persona se le permite
hablar por cinco (5) minutos. Hay un int6rprete para su
conveniencia.
Any written public record relating to an agenda item for an open session of a regular meeting of the City Council
that is distributed to the City Council less than 72 hours prior to that meeting will be available for public inspection
at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday
- Thursday, 7 :30 a.m. - 6:00 p.m.)
7
BAIDWIN
Manuel Lozano -
Mayor
Anthony J. Bejarano -
Mayor Pro Tem
Marlen Garcia -
Council member
Monica Garcia -
Council member
Ricardo Pacheco -
Councilmember
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed five (5) minutes
speaking time. A Spanish- speaking interpreter is
available for your convenience.
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda, para
hablar sobre cualquier asunto publicado en la agenda o
cualquier tema que est6 bajo su jurisdicci6n. Si usted
desea la oportunidad de dirigirse al Concilio o alguna de
sus Agencias, podr6 hacerlo durante el periodo de
Comentarios del Publico (Public Communications)
anunciado en la agenda. A cada persona se le permite
hablar por cinco (5) minutos. Hay un int6rprete para su
conveniencia.
Any written public record relating to an agenda item for an open session of a regular meeting of the City Council
that is distributed to the City Council less than 72 hours prior to that meeting will be available for public inspection
at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday
- Thursday, 7 :30 a.m. - 6:00 p.m.)
CITY COUNCIL
REGULAR MEETING — 7:00 PM
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Council members: Marlen Garcia, Monica Garcia,
Ricardo Pacheco, Mayor Pro Tem Anthony J. Bejarano
and Mayor Manuel Lozano
ANNOUNCEMENTS
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Plaque presentation to Baldwin Park resident Anna Shenefield for her heroic deeds
• Proclamation proclaiming August 11 - 15 as National Health Center Week
PUBLIC COMMUNICATIONS
Five (5) minute speaking time limit
Cinco (5) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate andlor schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaracidnes o preguntas hechas por personas; o 2) Dirigir personal a investigar ylo fijar asuntos para tomar en
consideracion en juntas proximas. [Codigo de Gobierno §54954.2]
CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be
no separate discussion of these items unless a City Council member so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
1. WARRANTS AND DEMANDS
Staff recommends City Council receive and file.
2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE
PERIOD OF JULY 16, 2008 THROUGH AUGUST 5, 2008
Staff recommends City Council approve the preparation and presentation of the
plaques, proclamations and certificates as outlined in the staff report.
City Council Agenda — August 6, 2008 Page 2
3. MINUTES
Staff recommends City Council approve the minutes of the July 16, 2008 meeting
(regular.)
4. CITY TREASURER REPORT - JUNE 2008
Staff recommends City Council receive and file.
5. CLAIM REJECTIONS
Staff recommends City Council reject the claims of Jose Manuel Rodarte, Patricia Tapia
and Rose Marie Campos and direct staff to send the appropriate notices of rejection to
claimants.
6. PURCHASE OF NEW DUTY FIREARMS AND ACCESSORIES
Staff recommends City Council 1) waive the formal bidding process pursuant to
§34.23(c) of the Baldwin Park Municipal Code for the purchase of 90 Sig Sauer P226R
pistols; 2) waive the formal bidding process for the purchase of the holsters and other
related equipment pursuant to §34.23(c); 3) direct the Chief of Police to work in
conjunction with the Assistant Finance Manager to complete a budget appropriation for
the amount not to exceed $91,177.63 from account 205 -30- 000 - 44310 - 00000 -2 to
account 205 -30- 310 - 53390 - 00000 -2 and designate $91,177.63 for restricted purchase
of the new police department pistols; 4) authorize the Chief of Police or her designee, to
sell current inventory Heckler & Koch .40 caliber USP model pistols to officers for
$75.00 each and 5) authorize the Chief of Police or her designee, to complete all
appropriate documentation to complete the purchases.
7. RESOLUTION NO. 2008 -047
Staff recommends City Council waive further reading, read by title only and adopt
Resolution No. 2008 -047 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK SUPPORTING THE CONSTRUCTION OF A PRIVATELY
FINANCED STADIUM IN THE CITY OF INDUSTRY, CALIFORNIA."
8. APPROVAL OF A LEASE AGREEMENT WITH T- MOBILE FOR THE INSTALLATION
AND OPERATION OF WIRELESS COMMUNICATION FACILITY
Staff recommends City Council approve a Lease Agreement with T- Mobile for the
installation and operation of a wireless communication facility (monopine broadleaf)
located within the Hilda Solis Park (Teen Center); Location: 15010 Badillo Street —
Hilda L. Solis Park; Applicant: Lucia Ortega representing T- Mobile; Case No.: PR 07-
50 and authorize the Chief Executive Officer to finalize and execute the agreement
pending Planning Commission approval of a conditional use permit.
9. RESOLUTION 2008 -040 SETTING RATES FOR RESIDENTIAL AND COMMERCIAL
REFUSE RELATED SERVICES EFFECTIVE JULY 1, 2008 TO JUNE 30, 2008
Staff recommends City Council waive further reading, read by title only and adopt
Resolution No. 2008 -040 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CALIFORNIA, SETTING RESIDENTIAL AND
COMMERCIAL REFUSE RELATED RATES."
10. AGREEMENT FOR MOSQUITO SURVEILLANCE AND VECTOR CONTROL
Staff recommends City Council 1) authorize an agreement with the SGVMVCD (District)
in the amount of $102,602.50 for vector control services through June 30, 2009; and 2)
authorize staff to send out Requests for Proposals estimated to cost $30,000; and 3)
City Council Agenda — August 6, 2008
Page 3
authorize the appropriation of $132,602.50 from the General Fund Reserves to cover
vector control service and the Proposition 218 ballot measure; and 4) direct staff to
engage the District for their financial and educational participation in a Proposition 218
ballot initiative.
11. RESOLUTION NOs. 2008 -049, 2008 -050, AND 2008 -051
Staff recommends City Council waive further reading, read by title only and adopt
Resolution No. 2008 -049 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BALDWIN PARK AND THE CLASSIFIED CONFIDENTIAL
EMPLOYEES' ASSOCIATION ", Resolution No. 2008 -050 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK
AND THE PROFESSIONAL AND TECHNICAL EMPLOYEES' ASSOCIATION ",
Resolution No. 2008 -051 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF BALDWIN PARK AND THE GENERAL CLERICAL UNIT EMPLOYEES'
ASSOCIATION" and authorize the Chief Executive Officer and Human Resources
Manager to execute the MOUs.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
Request by Mayor Lozano for discussion on the following:
Request to direct staff to research funding (CDBG) for the following fiscal year to fund
an air conditioning system for the Esther Snyder Community Gymnasium, preferably
solar powered
Request by Council member Monica Garcia for discussion on the following:
Request for discussion and direction to staff to place a morning crossing guard at
Pleasantview Elementary School
ADJOURNMENT
CERTIFICATION
I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of
perjury under the laws of the State of California that the foregoing agenda was posted on the
City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 31St day of July
2008.
Laura M. Nieto
Deputy City Clerk
City Council Agenda — August 6, 2008
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2nd Floor Lobby Area (14403 E. Pacific Avenue) or at the
Los Angeles County Public Library in the City of Baldwin Park (4181 Baldwin Park Boulevard.) For further
information regarding agenda items, please contact the office of the City Clerk at 626.960 -4011, ext. 466 or via e-
mail at Inieto(@baldwinpark.com
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48
hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this
meeting. (28 CFR 34.102.104 ADA TITLE II)
City Council Agenda — August 6, 2008
Page 5
yaw
TO:
FROM:
DATE:
SUBJECT:
STAFF P 1
ITEM N0. 9
Honorable Mayor and Members of the City Council
Rose Tam, Assistant Accounting Manager
August 6, 2008
Warrants and Demands
The purpose of this report is for the City Council to allow the payment of Warrants and
Demands against the City of Baldwin Park.
BACKGROUND and DISCUSSION:
The Finance Department has recently converted to a new financial system. The Claims
and Demands report format has been modified and continues to report the required
information in accordance with the Government Code.
The payroll of the City of Baldwin Park consisting of check numbers 179069 - 179195
Inclusive, voids: 179069, 179072, 179088 Additionally, Automatic Clearing House (ACH)
Payroll deposits were made on behalf of City Employees from control numbers 014579 —
014833 for the period of June 29, 2008 through July 12, 2008 inclusive, have been
presented and hereby ratified, in the amount of $452,250.81.
General Warrants, including check numbers 170077 to 170453 inclusive, in the total
amount of $1,702,744.00 constituting claims and demands against the City of Baldwin
Park, are herewith presented to the City Council as required by law, and the same hereby
ratified.
Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or
designee does hereby certify to the accuracy of the demands hereinafter referred to and to
the availability of funds for payment thereof.
RECOMMENDATION:
Receive and File
Report prepared by: HApodaca /GEMS
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I11
BALDWIN
P - A,R,K
TO:
FdRem
DATE:
r I . I
Honorable Mayor & Members of the City,9oucil
Vijay Singhal, Chief Executive Officer
August 6, 2008
SUBJECT: Proposed Recognitions by the Mayor and City Council for the period
of August 6, 2008 — August 26, 2008
The purpose of this report is to seek approval of the City Council of requests for
plaques, proclamations and certificates; and to recap approved emergency requests.
REQUESTS /RECAP
As of August 6, 2008 the following requests were received for the period of August 6,
2008 — August 26, 2008:
Requested By
List of Honorees
Time /Date /Place of
Presentation
Date Needed
Councilmember
BP Resident Anna
7:OOpm /August 6, 2008
Plaque
Marlen Garcia
Shenefield Heroic Deed
City Council Meeting
08 -06 -08
Councilmember
National Health Center
7:OOpm /August 6, 2008
Proclamation
Marlen Garcia
Week Proclamation
I City Council Meeting
08 -06 -08
The following emergency requests for plaques and certificates were received for the
period of July 16, 2008 — August 5, 2008:
RECOMMENDATION
It is recommended that the City Council approve the preparation and presentation of the
above plaques, proclamations, and certificates.
Prepared By: Laura Nieto, Deputy City Clerk
Time /Date /Place of
Date Needed
Requested By
List of Honorees
Presentation
Mayor Lozano
Bob Masucci Retirment
6:OOpm /July 10, 2008
Plaque
Plaque - Glendale PD
Retirement Dinner
07 -10 -08
Mayor Lozano
City of South El Monte 50
TBD/ August 2, 2008
Plaque
Anniversary
Gala Event
07 -31 -08
Mayor Lozano
Pete Ramirez AMVETS
7:OOpm /July 31, 2008
Plaque
Post #113 Commander
Concert in the Park
07 -31 -08
Mayor Lozano
Joshua Rodriguez,
7:00 p.m. /July 31, 2008
Certificate
Baldwin Park Swim Team
Concert in the Park
07 -31 -08
RECOMMENDATION
It is recommended that the City Council approve the preparation and presentation of the
above plaques, proclamations, and certificates.
Prepared By: Laura Nieto, Deputy City Clerk
CITY OF BALDWIN PARK
CITY COUNCIL
MINUTES
s W
AUG 2=8
WEDNESDArE944Y, 16A-
7:00 p.m. COUNCIL
CHAMBERS
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor
Anthony J. Bejarano, Mayor Pro Tem Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council
Members
Maria Contreras, City Treasurer Susan Rubio, City Clerk
The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the
above time and place.
CALL TO ORDER
INVOCATION
Led by Pastor Jackson
PLEDGE OF ALLEGIANCE
ANNOUNCEMENTS
Mayor Lozano closed the meeting in memory of Steven Najera, Baldwin Park
resident as well as Bill McCowan. He expressed condolences to the respective
families.
Proclamation proclaiming July at Recreation & Parks Month in the City of Baldwin
Park
Mayor Lozano presented the proclamation to Director Carrillo
Plaque and certificate presentations to Baldwin Park Sister Cities delegates from
Taxco, Guerrero Mexico
Mayor Lozano, joined by the Council and Treasurer presented certificates and
plaques to the Sister Cities dignitaries and delegates. The Mayor of Taxco
commented to the audience and the city was presented with a commemorative
coin of the 250 anniversary of Santa Prisca
On behalf of Senator Romero, Bill Baca presented the Mayor of Taxco,
Guerrero a certificate
ROLL CALL
Present: Councilmember Marlen Garcia, Councilmember Monica Garcia,
Mayor Pro Tern Bejarano, Mayor Lozano.
Page 1 of 5
Absent: Councilmember Pacheco, City Clerk Rubio.
Also Present: Chief Executive Officer Vijay Singhal, Assistant City Attorney June
Ailin, Director of Recreation & Community Services Manuel
Carrillo Jr., Community Development Manager Marc Castagnola,
Public Works Director William Galvez, Chief of Police Lili Hadsell,
City Treasurer Contreras, Deputy City Clerk Nieto.
PUBLIC COMMUNICATIONS
Rafael Gonzalez, Baldwin Park Library announced that the Urban Book - Mobile
will be at the Concert in the Park on Juy 31 st and thanked Council member Marlen
Garcia and staff for their support
Mike Lee, Azusa commended the Baldwin Park Explorers and their leaders.
Commented on the upcoming Presidential election and health care.
Amelinda Bes, resident commented on local government and the proposed
redevelopment project
Patty Rascon, business owner commented on inflatable swimming pools at an
apartment complex on Baldwin Park Boulevard that are not behind a fence.
Steve Nubleski, resident spoke about personal accountability and the
community. Expressed that people in the community are scared and the desire
for everyone to be informed.
Ms. Walsh, from a law firm representing those affected by eminent domain
encouraged the Council to not abuse their power as it relates to eminent domain
and work with the property owners.
Thomas Carey, resident thanked the Police Department for not running their
vehicles and wasting fuel. Also commented on his defense of an individual who
wished to speak under public communications at a prior meeting.
Margaret Salonisen, chamber President invited the Council to the 30th
Anniversary of PenMar Beauty Salon.
James Treasure, resident commented on the statements of the first two speakers
and that unity is needed. He also commented on surveys taken by Bisno
Development. Invited the Mayor and Council to come and speak to the real
residents of the city of Baldwin Park.
Ken Woods, resident and business owner spoke about the water impact in the
proposed redevelopment project area and statements made by the Valley County
Water District manager. Also commented on drought conditions in the San
Gabriel Valley
Greg Tuttle, business owner commented about the qualifications of Chief Hadsell
and actions that have been taken since her appointment.
Page 2 of 5
Mayor Lozano stated that the recall attempt is being spearheaded by Greg Tutle
and responded to his comments
Andrew Morales Miramontes, resident spoke in support of the proposed
redevelopment project area.
Eric Ortiz, resident commented about a recently constructed parking lot and
flooding on his street. He also expressed his support of the proposed
redevelopment project
Gail Zauss, West Covina commented on the statements of speaker Miramontes
as they related to shopping options in Baldwin Park.
Johnny Rios, resident stated that those in his part of town did not know what is
going on in the city, but have the desire to be informed.
Public Communications were closed at 8:10 p.m.
Mayor Lozano commented on statements of speaker Tuttle related to Chief
Hadsell and commended her on her work.
Council member Marlen Garcia also commented on the statements of Mr. Tuttle,
acknowledged Chief Hadsell and expressed her sentiments of encouragement to
ti ie Chief.
Mayor Pro Tern Bejarano expressed his support of Chief Hadsell and the Police
Department. He also responded to comments of Mr. Tuttle. He also commented
on the need of shopping options in Baldwin Park and stated that the city is moving
forward.
Council member Monica Garcia expressed her support of Chief Hadsell. She
also stated that the city is evaluating the feasibility of the proposed redevelopment
project.
CONSENT CALENDAR
Motion: Approve CONSENT CALENDAR
Moved by Councilmember Marlen Garcia, seconded by Mayor Lozano.
1. WARRANTS AND DEMANDS
City Council received and filed.
2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR
THE PERIOD OF JULY 16, 2008 TO AUGUST 5, 2008
City Council approved the preparation and presentation of the plaques,
proclamations, and certificates as outlined in the staff report.
3. MINUTES
City Council approved the minutes of the July 2, 2008 meeting (regular and
Page 3 of 5
special.)
4. CITY TREASURER'S REPORT - MAY 2008
City Council received and filed.
5. APPROVE SPECIFICATIONS AND AUTHORIZE SOLICITING BIDS FOR
THE PROCUREMENT OF TWO CNG FIXED ROUTE TRANSIT BUSES AND
TWO PROPANE DIAL -A -RIDE BUSES
City Council approved the technical specifications and authorized staff to
advertise the solicitation of bids for the four transit fleet buses contingent upon
receiving authorization to proceed from all the funding sources.
6. VIDEO SECURITY SYSTEM UPDATE
City Council 1) awarded the Video Security System contract to Axium
Technologies; 2) directed the Chief of Police to work in conjunction with the
Interim Finance Director to complete a budget appropriation for the amount no
to exceed $38,276.06 from account no. 112.00.4210 to account no.
130.58.5745 and designated $38;273.06 for the purchase of the upgraded
Video Security System; and 3) authorized the Chief of Police, or her designee,
to complete all appropriate documentation to complete the purchase.
7. AUTHORIZATION TO PURCHASE POLICE DEPARTMENT VEHICLES
WITH FEDERAL ASSET FORFEITURE FUNDS
City Council 1) waived the formal bidding process pursuant to §34.37 of the
Baldwin Park Municipal Code on seven vehicles, (3 vehicles) as existing
contracts already exist with other governmental agencies, and (1 vehicle) per
§34.23 (c) Baldwin Park Municipal Code; 2) waived the formal bidding process
for the purchase and installation of the emergency equipment on all the vehicles
purchased pursuant to §34.23 (c); 3) authorized the Police Department to work
in conjunction with the Parks and Recreation Department to purchase the new
vehicles and equipment through existing contracts; joining in the Alameda
County purchasing contracts, or through procedures outlined above; 4) directed
the Chief of Police to work in conjunction with the Interim Finance Director to
complete a budget appropriation for the amount no to exceed $295,594.80 from
account no. 112.00.4210 to account 130.58.5745 and designate $295,594.80
for restricted purchase of the new Police Department Vehicles and equipment;
and 5) authorized the Chief of Police or her designee to complete all appropriate
documentation to complete the purchases.
8. ANNUAL STATEMENT OF INVESTMENT POLICY
CITY COUNCIL/ CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
Council member Marlen Garcia reported on her recent attendance at the ICA
Conference and the actions of the board of directors of ICA. She further
commented on the proposed football stadium in the city of Industry and the
Page 4 of 5
potential benefits that it would bring to Baldwin Park. She requested that Council
consider adopting a resolution in support of the proposed football stadium.
ADJOURNMENT
There being no other matters for discussion the meeting was adjourned in
memory of Steven Najera and Bill McCowan at 8:25 p.m.
Approved as presented by the Council at their meeting held August 6, 2008.
Laura M. Nieto
Deputy City Clerk
Page 5 of 5
Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report.
There was no investment maturity /purchase transaction made for the month of December and several deposits /withdrawals were
made with the Local Agency Investment Fund.
In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment
liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months
that all investments are in compliance to the City's Statement of Investment Policy.
Approved Iy
Accountant
CITY OF BALDWIN PARK
TREASURER'S REPORT
June 30, 2008
CITY COUNCIL AGENDA
AUG 1 G - 2j0j,
II
E
INVESTMENT
INTEREST
PURCHASE MATURITY
PAR CURRENT
MAR
DESCRIPTION
RATE
DATE DATE
VALUE PRINCIPAL
VALUE
VALUE
State of California Local
Agency Investment Fund
City
2.88%
Varies Varies
18,993,999.38 18,993,999.38
18,993,999.38
18,993,999.38
Community Develop. Comm.
2.88%
Varies Varies
8,813,767.11 8,813,767.11
8,813,767.11
8,813,767.11
Housing Authority
2.88%
Varies Varies
2,675,428.20 2,675,428.20
2,675,428.20
2,675,428.20
30,483,194.69 30,483,194.69
30,483,194.69
30,483,194.69
Fiscal Agent Funds - City
Varies
Varies Varies
2,899,819.52 2,899,819.52
2,899,819.52
2,899,819.52
Fiscal Agent Funds - CDC
Varies
Varies Varies
3,865,170.19 3,865,170.19
3,865,170.19
3,865,170.19
$ 37,248,184.40 $ 37,248,184.40
6,764,989.71 $ 37,248,184.40
Total Investments $
37,248,184.40
Cash
City General Checking
928,500.62
City Miscellaneous Cash
7,921.00
Comm. Develop. Comm.
0.00
Housing Authority
693,623.84
Financing Authority
0.00
Total Cash
1,630,045.46
Total Cash and Investments $
38,878,229.86
Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report.
There was no investment maturity /purchase transaction made for the month of December and several deposits /withdrawals were
made with the Local Agency Investment Fund.
In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment
liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months
that all investments are in compliance to the City's Statement of Investment Policy.
Approved Iy
Accountant
P A • R - K
TO:
FROM:
DATE:
SUBJECT:
AUG 6
ITEM NO.
AGENDA STAFF REPORT
Honorable Mayor and City Council Members
Shama P. Curian, Sr. Human Resources Analyst
August 6, 2008
Claim Rejection
This report requests the City Council reject the Claims for Damages to Person or
Property received for filing against the City.
In order for the statute of limitations to begin on the claims received, it is necessary for
the City Council to reject the claim by order of a motion and that the claimant is sent
written notification of said action.
Staff recommends City Council reject the claims of Jose Manuel Rodarte, Patricia
Tapia, and Rose Marie Campos, and direct staff to send the appropriate notices of
rejection to claimants.
Attachment(s)
Claim filed by:
• Rodarte, Jose Manuel- DOL: 7/4/08
• Tapia, Patricia- DOL: 4/22/08
• Campos, Rose Marie- DOL: 7/14/08
r• # •
,f
BALDWIN • DAMAGES
INSTRUCTIONS
1. READ CLAIM THOROUGHLY.
2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS.
3. THIS FORM MUST BE SIGNED.
4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706
WARNING
• CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED
NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2)
• ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE
OCCURRENCE. (GOVERNMENT CODE SECTION 911.2)
200a
0
Cay e # . r..
s R
TO: City of Baldwin Park
4. Claimant's Date of Birth (if a minor)
1. Na e of Claimant
GtNse 6;�
5. Claimant's Occupation
2. Home Address of�aimant
6. Home Telephone Number
3. Business Address of Clai ant
7. Business Telephone Numb r
8, Name and address to which you desire notices or cornmu icationS tub en< re %rU ng thi "IC31111, /
9. When did DAMAGE or INJU occur? �y / 10. Names of ny City employees involved in INJURY or DAMAGE:
'7 Z n a
C'7 GOB �A n(D
1 �sr
Date: — y Time: r v 9 Name vepai, tment
If claim is for Equitable Indemnity, give date claimant
served with complaint:%'
11. Where did DAMAGE or INJURY occur?
12. Describe in djtail how t e DAMAGE or INJURY occurred.
'� �''
cian was visited due to injury, include date of first visit and physician's
14. If physiaddress
13. Were police or paramedics called? Yes j' No El name, and phone number:
If yes, was a report filed? Yes No F71
f tl
If yes, what is the Report No?
14. Why do you claim the City of Baldwin Park is responsible? (Please/be specific — Use additional sheet if necessary)
CC JS L2 A?// G�� �`� 7a�C
15. List damages incurred to date?
16. Total amount of claiXodat : $ Basis for Computation:
Limited Civil Case: ❑ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount
shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).)
17. Total amount of prospective damages: $__ Basis for Computation:
18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name Address Phone
Name Address Phone
19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date:
1 hereby certify (or declare) under penalty of perjury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge.
�J
)? B V oS c
gnatu Relationship to Claimant Printed Name Date
BALDWIN PARK
P "LAIM FLA DAMAO'ES
TO PERSON OR PROPERTY
INSTRUCTIONS
i. ciaiwv for death, injury to person or to personal property oust
be filed no later thArt m:Lx (&) smonthc after the oc=0z%_nae•
(C.*v. Code Sea. 911-2)
2. ClAbnr for damages to rAai property must be filod not later than
one (1) year af"r the occurance. (cov. code see- 911-2)
3. Read entire claim before
4. sae page 2 for diagraw upon whica to locate placo of accident.
S, ;Vir. claim fora siust he sign-ad on page 2 at b0tt0x-
jLttach separate shetetc, it aacesp&ry, to give full detail&. 0.1
S,TGN FACH SEVET.
7. Claim Jest b4 filied With City Clark. (00v- Code S*C* Visa.) i
CM OF BAWWXN PARK, CITY COUNCIL
RESERVE FOR FILING STAMP
CLAIM No—_'
RECEIVED
JUL 16 2008 ' ..,
GITY OF BA,LD VVIIiN PA PK
CITY atERX'S E)EPARTMAENT
PATRICIA TAPIA I 1,-. 40
13604 RAMONA - BLVD., #1,�BALDWIN PARK, CA 91706--' (626) 587-0077
-*t)hWff N"bet
WMW R,Oirmnnt CW Vh"d Vt—&t*
;Ive address to which you desire notices or Communications to be sent ftgardinQ this claim:
CARPENTER & ZUCKERMAN, LLP,, 8827 WEST OLYMPIC BOULEVARD,, BEVERLY HILLS, CA 90211, (310) 273-1230
4ow did DAMAGE or INJURY o=ur? Give full particularr-
CLAIMANT WAS CROSSING THE CROSSWALK AT NIGHT, WHEN SHE TRIPPED AND FELL DUE TO A POORLY LIT
UNEVEN RAISED ASPHALT CAUSING SEVERE INJURIES TO CLAIMANT.
ng he h-dury
Vftiti �PadcularAC-tor OMISSION do you claim caused the k4uryardamage? Give name$ Of C1tYemPI*yeeS rAuti t
Ir damage. it known:
DEFENDANTS AND ITS EMPLOYEES FAILED TO PROVIDE A SAFE, SUITABLE AND ADEQUATE PREMISES AND
FAIL To WARN OF THE DANGEROUS CONDITION. MAINTAINED A DANGEROUS CONDITION ON PUBLIC
PROPERTY.
1hat DWAGE. of INJURIES do you claim resutted? Give full extern of k4uries or damagos cialmed,
CLAIMANT SUSTAINED INJURIES BUT NOT LIMITED TO HER: WAIST, LEFT HAND, RIGHT LEG AND
RIGHT HIP.
that AMOUNT do you claim of each Item of injury or damage as of date of presentation of this claim, giving basis of wrnPutatl0tv
UNASCERTAINED AT THIS TIME.
ive ESTIMATED AMOUNT as farms knownyoutialm m account of each Item of prospective Injuryor darnaae.givIng basis of.
)Mpulation,
BALDWIN PARK
4nsurance Pgynients received. it any. and name Of Insurance CampanY=
n1j
ores made on
UNKNOWN AT THIS TIME.
e atftl
anQ reSS of Witnesses.
or tn)ury. grate -
and Hospitals:
dam
UUEEN OF THE VALLEY, 1115 SOUTH SUNSET AVENUE, WEST COVINA, CA 91790
AGAPE WELLNESS CEN'T'ER, 5161 EAST POMONA BOULEVARD, #114, EAST LOS ANGELES, CA 90022
READ CAREFULLY *rid West; indicate
For wti ttccidenL claims ers�e numbers or 69tanc es to strOet cco" sL
plsce of accident by by Hate. t►y.letLer "A* ixattiort of City �rehIck W"n You first saw it, gLnd by "e location of
d C#ty V'eWe was;invatued design Ste at time oil accident by %1" and location ®t
yroumett or your vehicle wlian yiw tir>rt sealCity+ by "El- " andtt eat of Imt� by `�
yc urea or 'Your "hicleat the time of Ac cider by °'l�1" e�C4d the
NOTE: K ditiom ins CIO hot d tt* Idtttatjw% .& ac h hereto a, P�
r dia4rarei $l0eted t?Y'�imant.
FOR AUTOMOBILE ACCI, DENTS.
CUR
Typed Dame:
Signature of, Claimant of person filic+Ei on his taehai!* l��nfl PAUL'S. ZUCKERMAN,
relationship to Claimant t ATTORNEY FOR CLAIMANT
�v
NU7E; Alt ct8rmar is mar be requ =t ed to b-, examined as to thelr Claim
under oath.
+, g.' .arrr►A nrry rr PRK (nOV. CODE= SEC:. 91 ®),
CURS
/ 1
Presentation of a talse clai,n is a 1ebr Y-
fit 1n-
CITY OF BALDWIN PARK
P2,
gA D t1v 133&w, CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
JUL 17 2008
INSTRUCTIONS
'I. READ CLAIM THOROUGHLY. ('I OF 3AL.DV� /1N PARK
2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. C`rhC� LtRK S O �PK i ial
3. THIS FORM MUST BE SIGNED. Filing Stamp
4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706
WARNING
• CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED
NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2)
• ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE
OCCURRENCE. (GOVERNMENT CODE SECTION 911.2)
To:
City of Baldwin Park
4. Claimant's Date of Birth (if a minor)
l.--
Name.of Ciaiman
5. Claimant's Occupation
2.
n Add ss fClaimant
6.(Home Iep�Qn
N mb�
3.
Business Address of Claimant
7. Business elephone Number
8.
Name and address to which you desire notices Or communications to be sent regarding this claim:
AorlN�'.]KdRY
9.
When did DAMAGE occur? ,
1 l tot n f i 1 .' /n ,v i
Dateim w 'Time. t + �� Ot t t
10. Names of any City employees involved in INJURY or DAMAGE:
�lennrtment
Name Nun
If claim is for uitalile Indemnity, give date claimant
served with complaint:
11
e did MA or IN U� �RYcqu ¢� A
Desc ribe ind taul how the D =MACS o I'V1 ( ? r
1 If P. ysician was visited due to injury, include date of first visit and physician's'
NoR
13.
Were police or paramedics called? Yes ❑ n _ a dr.
If yes, was a report filed? Yes El No 2 UU �"
If yes, what is the Report No? E e
t (. 4=- FIQ u
14.
Why do you claim the City of Baldwin Park is responsible? (Please be specific — Use additional sheet if necessary)
15.
List damages incurred to date?
tw7-PI
L ��j 1, U , + Arm ve�
16.
Total amount of claim to date: $ Basis for Computa ion:
Limited Civil Case: ❑ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount
shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).)
17.
Total amount of prospective damages: $ Basis for Computation:
18.
Witnesses to DAMAGE or INJURY. List all persons and addresses of persons known to have information:
Name Address Phone
Name Address Phone
19.
Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date:
I certify (or declare) under penalty of perjury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge.
R C,�c Q% � �0 s Ci9 f? 7 7 -
S Relationship to Claimant Printed Name Date
- - _ . ,— . — , — .- , ,
I
k7
cal-- a� C�v�s �ro� w��� M(Ul �� � �I-�=
dA A,
'M eft IAJ I
I! !,
I III
BALDWIN
P A, R, K
TO: Honorable Mayor and Members of thy- it Counc'
FROM: Dili Hadsell, Chief of Police
DATE: August 6, 2008
SUBJECT: PURCHASE OF NEW DUTY FIREARMS AND ACCESSORIES
Purpose:
The purpose of this staff report is to provide data and recommendations relative
to the purchase of new duty sidearms and related accessories for city police
officers.
Background:
The department is currently equipped with Heckler & Koch .40 caliber USP
model pistols. These guns were issued to all sworn personnel approximately
thirteen years ago. Staff is seeking to replace the current handguns with
handguns updated to meet cotemporary police safety standards.
Discussion:
BPPD firing range staff undertook a study of the current market in pistols and
ammunition. Data from the FBI indicates that our current caliber of ammunition,
the .40 S &W bullet, remains the overall best - performing bullet for use in a pistol.
Thus, no change in ammunition caliber is warranted.
To determine which pistol will work best for our officers, range staff had eleven
models from seven gun manufacturers delivered for testing, representing all of
the major firearm companies supplying modern police departments. 35 BPPD
officers completed 142 evaluations of these weapons. The weapon that
consistently rated the highest was the Sig Sauer model P226R pistol.
Attachment A is a summary of the test and evaluation data produced by BPPD
officers. Officers rated the test weapons in such categories as accuracy,
balance, ergonomics, ease of function, bullet capacity, etc. Weapons were rated
from lowest (a score of 1) to highest (a score of 5) in these categories. Each
individual score seen within Attachment A is the mean of each officer's nine
category ratings per weapon. The higher the mean, the better the score. The
Sig Sauer, with a mean score of 4.52 out of a possible score of 5.00, earned the
highest rating among our evaluators.
Contemporary standards in police forces call for pistols to be equipped with two
important accessories which allow officers to better see their environment and
target in reduced lighting conditions: tritium sights affixed to the weapon itself and
a small flashlight which attaches to the underside of the barrel. Tritium sights
have been in use at BPPD universally since we took possession of the Heckler &
Koch weapons 13 years ago. Weapon- mounted flashlights have been approved
for use by all officers for approximately three years (longer for Special Response
Team members and canine handlers). These items allow officers to keep both
hands on their guns when they are deployed in the field.
Buying pistols directly from Sig Sauer under their "Direct Agency Sales Program"
yields significant benefits: the sale price is lowered by a substantial percentage
from what Sig Sauer charges retailers. The weapons also come with free
shipping and a lifetime warranty that is not available on retail-purchased guns.
Council authorized the sale of replaced pistols to officers when we last acquired
new sidearms and Staff recommends that we do so again. This will result in the
weapons' registrations being transferred from the city to the individual officers
who purchase them. Proceeds can be used to offset the purchase of the new
pistols. Money derived from this sale would, by necessity of federal law, be
deposited into the police department's asset forfeiture account to replace funds
spent on new weapons.
Because purchasing Sig Sauer pistols directly from the manufacturer yields
substantial monetary and service benefits which are not available through
retailers, Staff requests that Council approve the purchase of these firearms
directly from Sig Sauer pursuant to Baldwin Park Municipal Code § 34.23 (C):
"When the City Council by four -fifths vote determines to dispense with such
bidding and other procedures required by the above - mentioned sections in any
individual instance upon a finding by the Council that it would be impractical,
useless or uneconomical in such instance to follow the procedures, and that the
welfare of the public would be promoted by dispensing with the same."
Staff further requests that Council approve the purchase of the related equipment
from Aardvark Tactical, Inc. pursuant to Baldwin Park Municipal Code § 34.23
(C). Putting these purchases out to formal publicized bid is impractical because
Aardvark is the sole retailer who sells all of the listed items and is located within a
geographically reasonable distance (within 10 miles). Further, their prices on
these items are lower than if the department were to buy directly from each
individual manufacturer.
Purchase of New Duty Firearms and Accessories Page 2 of 3
Staff has determined sufficient funds for these purchases exist in the
department's Federal Asset Forfeiture cost center. The use of such funds to
purchase these weapons and related equipment is permitted through federal law.
Fiscal Impact:
There will be no negative impact to the general fund. The police department will
utilize federal asset forfeiture funds.
Recommendation:
Staff recommends that City Council grant approval to:
1. Waive the formal bidding process pursuant to §34.23(C) of the Baldwin
Park Municipal Code for the purchase of 90 Sig Sauer P226R pistols,
2. Waive the formal bidding process for the purchase of the holsters and
other related equipment pursuant to §34.23 (C),
3. Direct the Chief of Police to work in conjunction with the Assistant
Finance Manager to complete a budget appropriation for the amount not
to exceed $91,177.63 from account 205 -30- 000 - 44310- 00000 -2 to
account 205 -30- 310 - 53390 - 00000 -2 and designate $91,177.63 for
restricted purchase of the new police department pictnlc,
4. Authorize the Chief of Police, or her designee, to sell current inventory
Heckler & Koch .40 caliber USP model pistols to officers for $75.00 each,
and,
5. Authorize the Chief of Police, or her designee, to complete all
appropriate documentation to complete the purchases.
Attachments:
BPPD Firearms Test Evaluation Totals
Purchase Quote from Sig Sauer
Purchase Quote from Aardvark Tactical, Inc.
Purchase of New Duty Firearms and Accessories Page 3 of 3
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The AGENCY is responsible for all applicable State, County and
City taxes. Where applicable, please advise specific rate.
DELIVERY: 30-60 Days, ARO
TERMS: Net 30 Days - No further discounts.
TRADES: The agency understands trade -in firearms must be in working condition, and will be shipped with the type and
number of magazines specified. SIG SAUER will reduce the trade value by $15 per missing magazine. Damaged,
non - functional firearms or firearms with missing parts will incur a 50% decrease in the quoted value. The agency
agrees to forward trades to SIG SAUER or the named Distributor within 60 days of receipt of new product. The
agency further understands SIG SAUER or the Distributor will sell the traded weapons in full compliance with federal,
state and local laws.
CLASS III TRADES: Do NOT send Class III restricted weapons (select fire rifles or short barrel shotguns & rifles) to SIG SAUER or CDNN. Per SATF,
the weapons will be destroyed and the agency will receive no credit. SIG SAUER will prepare a separate CLASS III
bid and shipping instructions.
Manager's Name
Phone Number
Joe Winter
714 -620 -5290
SIG SAUER is an ISO 9001 :2000 Certified Company, Manufacturing in Exeter, New Hampshire.
Public Safety Sales
18 Industrial Drive
SIGS
Corporate Park
4YER
Exeter, NH 03833
(603) 418 -8190 Office
(603) 772 -1481 Fax
QUOTATION
AGENCY:
Baldwin Park Police Department
DATE: 06/13/08
ADDRESS:
14403 E Pacific Avenue
VALID TO: 09/13/08
CITY/STATE/ZIP:
Baldwin Park, CA 91706
QUOTE #: 08- JW- 91706 -01
ATTENTION:
Sgt. Chris Hofford
MANAGER: Joe Winter
PHONE:
(626) 960 -1955 ext. 441/ 442
FAX:
(626) 338 -5545
EMAIL:
chaitQrdd@baldwinpark . com
ITEM
QTY DESCRIPTION
PRICE EXTENSION
1
90 SIG SAUER P226R, .40 caliber pistol, SRT trigger system, SiGLITE
$634.00 $ 57,060.00
( +i -) night sights, 3 L.E. magazines, gun lock, manual, and case.
Model: E26R -40- BSS -SRT -G
Sales Tax for Los Angeles County is 8.250%
Sales Tax $4,707.45
No Trade
TOTAL $61,767.45
The AGENCY is responsible for all applicable State, County and
City taxes. Where applicable, please advise specific rate.
DELIVERY: 30-60 Days, ARO
TERMS: Net 30 Days - No further discounts.
TRADES: The agency understands trade -in firearms must be in working condition, and will be shipped with the type and
number of magazines specified. SIG SAUER will reduce the trade value by $15 per missing magazine. Damaged,
non - functional firearms or firearms with missing parts will incur a 50% decrease in the quoted value. The agency
agrees to forward trades to SIG SAUER or the named Distributor within 60 days of receipt of new product. The
agency further understands SIG SAUER or the Distributor will sell the traded weapons in full compliance with federal,
state and local laws.
CLASS III TRADES: Do NOT send Class III restricted weapons (select fire rifles or short barrel shotguns & rifles) to SIG SAUER or CDNN. Per SATF,
the weapons will be destroyed and the agency will receive no credit. SIG SAUER will prepare a separate CLASS III
bid and shipping instructions.
Manager's Name
Phone Number
Joe Winter
714 -620 -5290
SIG SAUER is an ISO 9001 :2000 Certified Company, Manufacturing in Exeter, New Hampshire.
QUOTE ATTACHMENT
Quote Number: DKE- 0060894
Quote Date: 6/25/2008
Product Specialist: .josh Nielsen
1.002 West Tenth St, Referred by:
Azusa, CA 91,702 Customer Number: 02- BALPOL
Phone: (626) 334 -6050 Fax: (626) 334 -6360 Page 1 of 2
Federal Tax ID: 95- 4451904
QUOTED TO: SHIP TO:
Baldwin Park Police Department Will Call
Attention: Accounts Payable Josh To Deliver
14403 East Pacific Ave.
Baldwin Park, CA 91706
Quote Expires 7131/2008
Customer Contact
Chris Hartford
PO Number
Shipping Method
I WILLCALL
Payment Terms
Net 30 Days
C/C Authorization
Quantity
Item
Description
Unit Price
Extension
80 DS
SDG6360 -XX -131
Model 6360 ALS Level II Plus Retention - Fine
63.50
5,080.00
Tac, Right Hand for Sig P226 wlAccesso ;y Rail
and X300
XX= Center Code 7742
1n n<
C(1G62F11 iYY_132
MnAml 636(1 Al C 1 eyel TT Dl�,i� Pei-entinn _ rino
63.50
635.00
Tac, Left Hand for Sig P226 w /Accessory Rail
and X300
XX= Center Code 7742
26 DS
SDG6304 -XX -131
Model 6304 Tactical Holster for Sig P226
97.25
2,528.50
w /Accessory Rail and X300
XX= Center Code 7742
5 DS
SDG6304 -XX -132
Model 6304 Tactical Holster for Sig P226
97.25
486.25
w /Accessory Rail and X300
XX= Center Code 7742
20 DS
SDG6377 -XX -411
Model 6377 ALS Concealment Belt Slide Holster
23.00
460.00
Plain, Right Hand
XX= Center Code 74
3 DS
SDG6377 -XX -412
Model 6377 ALS Concealment Belt Slide Holster
23.00
69.00
Plain, Left Hand
XX= Center Code 74
Continued
;� 00 West Tenth Wit...
Azusa, CA 91702
Phone: (626) 334 -6050
Federal Tax ID: 95- 4451904
QUOTE ATTACHMENT
Fax: (626) 334 -6360
QUOTED TO:
Baldwin Park Police Department
Attention: Accounts Payable
14403 East Pacific Ave.
Baldwin Park, CA 91706
Quote Number: DKE- 0060894
Quote Date: 6/25/2008
Product Specialist: Josh Nielsen
Referred by:
Customer Number: 02- BALPOL
Page 2 of 2
SHIP TO:
Will Call
Josh To Deliver
Ouote Expires 7/3112009
Customer Contact
Chris Hartford
PO Number
Shipping Method
WILLCALL
Payment Terms
Net 30 Days
C/C Authorization
Quantity
Item
Description
Unit Price
Extension
90 DS
SFX300
Sure Fire LED Weapon Light 3 Watt LED Focus
154.00
13,860.00
Beam
90 DS
SFDG -23
Sw Assy, Rear Cap, X200 -Dg, Sig P226 Use
45.00
4,050.00
W /Mr -14 (A &B)
No return will be accepted unless a Retum Authorization is issued prior to the goods being retumed. If
the error which necessitates the return is a result of an ATI /Swatgear error, no restocking fee will be
charged. Merchandise may be returned within 30 days of purchase and buyer will be subject to a 10%
restocking fee. All returns must be Freight Prepaid and in new sellable condition. Credit for the value of
the returned merchandise (less restocking fees and shipping charges) will be made. Defective
merchandise is not subject to any restocking fee. Customized orders are non - retumable.
Drop Ship PO #'s:
Creation Date: 7/23/2004
Print Date: 6/27/2008
Net Quote: 27,168.75
Freight: 0.00
Sales Tax: 2,241.43
Quote Total: 29,410.18
rr �
km
FROM:
DATE:
CITY OF BALDWIN PARK CONSENT CALENDAR
Honorable Mayor and Members of the City Council
Lili Hadsell, Chief of Police
August 6, 2008
SUBJECT: PURCHASE OF NEW DUTY FIREARMS AND ACCESSORIES
Purpose:
I ne purpose of this staff report is to provide data and recommendations relative
to the purchase of new duty sidearms and related accessories for city police
officers.
Background:
The department is currently equipped with Heckler & Koch .40 caliber USP
model pistols. These guns are approximately thirteen years old. The average
lifespan of a sidearm in police service is ten years. The current pistols are
showing signs of wear and need repairs more and more frequently, creating a
safety problem that needs to be remedied.
Discussion:
Current pistols are well past their serviceable life and need to be replaced in
keeping with contemporary police safety standards.
BPPD firing range staff undertook a study of the current market in pistols and
ammunition. Data from the FBI indicates that our current caliber of ammunition,
the .40 S &W bullet, remains the overall best - performing bullet for use in a pistol.
Thus, no change in ammunition caliber is warranted.
To determine which pistol will work best for our officers, range staff had eleven
models from seven gun manufacturers delivered for testing, representing all of
the major firearm companies supplying modern police departments. 35 BPPD
officers completed 142 evaluations of these weapons. The weapon that
consistently rated the highest was the Sig Sauer model P226R pistol.
"Yc
i ' a
AUG
�, .; 1 !
CITY OF BALDWIN PARK AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Vijay Singhal, Chief Executive Officer
DATE: August 6, 2008
SUBJECT: RESOLUTION NO. 2008 -047
The purpose of this report is to request Council approval of Resolution No. 2008 -047 in
support of the construction of a privately financed stadium in the city of Industry.
BACKGROUND /DISCUSSION
At the meeting of July 16, 2008, Council member Marlen Garcia requested that the Council
consider adopting a resolution of support for the construction of a privately financed stadium
in the city of Industry. The proposed Los Angeles Football Stadium would be at the
intersection of the 60 and 57 freeways, only 22 miles east of Downtown LA. Some of the
amenities of the 75,000 -seat stadium would include retail shops, restaurants, live theater
and movie theater.
It is believed that the project would increase national and international travel to the San
Gabriel Valley, including Baldwin Park, thereby increasing national and international
recognition. It will also create new business opportunities and increase revenue to existing
businesses in the region, including those in the city of Baldwin Park.
FISCAL IMPACT
RECOMMENDATION
Staff recommends City Council waive further reading, read by title only and adopt
Resolution No. 2008 -047 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK SUPPORTING THE CONSTRUCTION OF A PRIVATELY
FINANCED STADIUM IN THE CITY OF INDUSTRY, CALIFORNIA."
Attachment
Resolution No. 2008 -047
RESOLUTION NO. 2008 -047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK SUPPORTING THE CONSTRUCTION OF
A PRIVATELY FINANCED STADIUM IN THE CITY OF
INDUSTRY, CALIFORNIA
WHEREAS, the City Council of the city of Baldwin Park supports bringing new
forms of employment, revenue and family - friendly entertainment to the San Gabriel
Valley; and
WHEREAS, the National Football League (NFL) provides entertainment for all
ages; and
WHEREAS, there is not currently a NFL team based in Los Angeles, Orange,
San Bernardino or Riverside counties; and
WHEREAS, Majestic Realty Co. proposes to develop in nearby city of Industry, a
state -of- the -art football stadium, accompanied by 2.9 million square feet of commercial
space, including office space, retail space, restaurant space, a live theater with 5,000
seats, and a movie theater with 1,600 seats; and
WHEREAS, the project will be privately funded and will be of no cost to
taxpayers; and
WHEREAS, the location of the proposed project, at the intersection of the 57 and
60 freeways, is within a 25 -mile radius of 12 million people and easily accessible to
residents of Los Angeles, Orange, San Bernardino and Riverside counties; and
WHEREAS, the project will increase national and international travel to the San
Gabriel Valley, including the city of Baldwin Park, thereby increasing national and
international recognition; and
WHEREAS, the commercial activity created by the project will encourage other
companies and businesses to locate in the community; and
WHEREAS, it is estimated that the project could bring more than 30,000 new
jobs to the area; and
WHEREAS, the project will create new business opportunities and increase
revenue to existing businesses; and
WHEREAS, the project will increase demand for commercial and residential real
estate in the area, thereby increasing property values in the San Gabriel Valley
including the city of Baldwin Park; and
WHEREAS, the construction of the project will increase business opportunities
Resolution 2008 -047
Page 2
and revenue for local businesses in the construction industry and related sectors; and
WHEREAS, the presence of the stadium and commercial space will increase
revenue in all sectors of industry, including, but not limited to, the hospitality,
transportation, parking, retail, healthcare, telecommunications, commercial and real
estate sectors of all cities in the San Gabriel Valley, which includes Baldwin Park; and
WHEREAS, the presence of the stadium and commercial space will result in
additional revenue for the San Gabriel Valley, that includes Baldwin Park, collected in
the form of sales, property and income taxes; and
WHEREAS, the project will include state -of- the -art, environmentally - friendly
technology that will serve as a new standard for the design and construction of future
stadiums throughout the world.
NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK:
Section 1.T he City Council hereby declares its support for the construction of a
privately financed football stadium and commercial space in the city of Industry,
California.
Section 2.The City Council hereby orders the City Clerk to send copies of this
resolution to the County Board of Supervisors and Baldwin Park legislators.
Section 3.The City Clerk shall certify to the adoption of this Resolution.
,...• ��� .. • as
MANUEL LOZANO
MAYOR
Resolution 2008-047
Page 3
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK I
1, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby
certify that the foregoing Resolution was duly and regularly approved and adopted by
the City Council of the City of Baldwin Park at a regular meeting thereof, held on the
— of – , 2008 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
LAURA M. NIETO
DEPUTY CITY CLERK
4
1,cfW,
11 �
BALD WIN
P > A ° R , K
TO: Honorable Mayor and Members of the City Council
FROM: Marc Castagnola, Community Development Manager
DATE: August 6, 2008
SUBJECT: Approval of a Lease Agreement with T- Mobile for the
installation and operation of wireless communication facility
(Monopine broadleaf) located within the Hilda Solis Park (Teen
Center); Location: 15010 Badillo Street — Hilda L. Solis Park;
Applicant: Lucia Ortega, representing T- Mobile; Case No.: PR
07 -50.
This report requests City Council approval of a lease agreement with T- Mobile for the
installation and operation of wireless communication facility in the form of a mono -
broadleaf tree at Hilda L. Solis Park (formerly known as Central Park West).
On December 17, 2007, the Planning Division received a Design Review application
(PR 07 -50) for the installation of a broadleaf monopole within Hilda L. Solis Park
between the existing basketball courts and the interior parking lot north of the outdoor
picnic table area. Initially, staff wanted a design that would have the least aesthetic
impact and a location that would be less destructive to the overall use of the park. As a
result, the city's Design Review Committee approved a design that included a
monopole in the form of a broadleaf maple tree with an associated ground equipment
shelter located immediately west of the service road abutting the Big Dalton Wash.
According to the site plan and elevations (Attachment #1), the unmanned broadleaf will
be sixty (60) feet in height located adjacent to a 10' X 34' equipment shelter. The
broadleaf will accommodate a total of twelve (12) antennas divided equally into three
(3) sectors. The shelter will house six (6) equipment cabinets and will be enclosed with
an 8' high chainlink fence with a chainlink covering. Landscaping will be provided
around the perimeter of the shelter for additional screening.
Lease Agreement
As part of the approval process, staff coordinated a discussion and review of the lease
agreement between T- Mobile and the city. Attached is a signed Lease Agreement
(Attachment #2) submitted on behalf of T- Mobile to enter into a long -term lease for the
T- Mobile Lease Agreement
August 6, 2008
Page 2 of 2
mono - broadleaf and the ground equipment shelter. According to the agreement, T-
Mobile has offered a monthly payment of $1,995 ($23,940 per year) with a 4% annual
increase. This monthly lease amount is consistent with other monthly leases the city
receives from wireless facilities locate within the Morgan Park. In addition, this
agreement requires T- Mobile (Lessee) to pay, within thirty (30) days of the
Commencement Date, a one -time, non - refundable payment in the amount of Fifteen
Thousand and 00/100 ($15,000) for the city's (Licensor's) legal costs associated with
this license and towards park improvements.
FISCAL IMPACT
The agreement will generate $23,940 to the General Fund annually and $15,000 one
time payment. Staff has budgeted the revenue in the budget for `08 -'09.
RECOMMENDATION
Staff recommends that the City Council approve the Lease Agreement with T- Mobile
and authorize the Chief Executive Officer to finalize and execute the agreement,
pending Planning Commission approval of a conditional use permit.
• #1 — Site Plan, Floor Plan and Elevations
• #2 - T- Mobile Lease Agreement
Report Prepared Bv: Salvador Lopez Jr., Associate Planner
C: \Documents and Settings \salvador \My Documents \Reports\Agency Reports \T - Mobile Agreement Report.doc
THIS SITE LICENSE WITH OPTION (this "License ") is by and between the City of Baldwin Park, a municipal corporation ( "Licensor ")
and Omnipoint Communications Inc., a subsidiary of T- Mobile USA Inc., a Delaware Corporation ( "Licensee ").
1. Option to License
(a) In consideration of the payment of One Hundred Dollars ($100.00) (the "Option Fee ") by Licensee to Licensor, Licensor hereby grants
to Licensee an option to license the use of a portion of the real property commonly known as Hilda Solis Park, located at 15010 East Badillo Street in
the City of Baldwin Park with Assessor's Parcel No. 8554- 005 -900 and described in the attached Exhibit A (the "Property"), on the terms and
conditions set forth herein (the "Option "). The Option shall be for an initial term of twelve (12) months, commencing on the Effective Date (as
defined below) (the "Option Period "). The Option Period may be extended by Licensee for an additional twelve (12) months upon written notice to
Licensor and payment of the sum of One Hundred Dollars ($100.00) ( "Additional Option Fee ") at any time prior to the end of the Option Period.
(b) During the Option Period and any extension thereof, and during the term of this License, Licensor agrees to cooperate with Licensee in
obtaining, at Licensee's expense, all licenses and permits or authorizations required for Licensee's use of the Premises (as defined below) from all
applicable government and/or regulatory entities (including, without limitation, zoning and land use authorities, and the Federal Communication
Commission ( "FCC ") ( "Governmental Approvals "), including all land use and zoning permit applications, and Licensor agrees to cooperate with
Licensee, at no cost to Licensor, in Licensee's efforts to obtain a title report, zoning approvals and variances, land -use permits, and Licensor
expressly grants to Licensee a right of access to the Property to perform surveys, soils tests, and other engineering procedures or environmental
investigations on the Property necessary to determine that Licensee's use of the Premises will be compatible with Licensee's engineering
specifications, system design, operations and Governmental Approvals (collectively the "Tests "). Licensee shall repair at its sole cost and expense
any and all damage to the Property to the extent caused by Licensee, its agents or contractors in a good and workman -like manner. Licensee agrees
to conduct all Tests and activities on the Property in a manner that will minimize disturbance to surrounding residences and will not interfere with the
normal and common use of the Property. Prior to performing any Tests on the Property or performing any activity which may disturb the Property,
Licensee will first obtain Licensor's prior consent which will not be unreasonably withheld, conditioned, delayed or denied and Licensee will
schedule such activities all a ti me mutually agreeable reea ble to L; cer . or. Nof ;. t t a d9 ng the foregoing, Licensee may not change the zoning
classification of the Property without first providing written notice to Licensor. During the Option Period and any extension thereof, Licensor agrees
that it will not interfere with Licensee's efforts to secure other licenses and permits or authorizations that relate to property other than the Property.
During the Option Period and any extension thereof, Licensee may exercise the Option by so notifying Licensor in writing, at Licensor's address in
accordance with Section 12 hereof. Notwithstanding anything to the contrary contained in this License, Licensor reserves all of its governmental
authority and discretion to consider, approve, conditionally approve or deny any and all required land use entitlements or permits.
(c) If Licensee exercises the Option, then, subject to the following terms and conditions, Licensor hereby licenses to Licensee the use of
that portion of the Property sufficient for placement of the Antenna Facilities (as defined below) together with all necessary space, easements and
Access Rights (defined below) for access and utilities as described and depicted in the attached Exhibit B or in accordance with the plans on file with
Licensor's Planning Division (collectively referred to hereinafter as the "Premises "). The Premises is comprised of approximately 650 square feet
and located at 15010 East Badillo Street, commonly known as Hilda Solis Park in the City of Baldwin Park with APN: 8554 -005 -900. Licensee
acknowledges that this License does not convey any interest in real property to Licensee. Licensor acknowledges that this License may only be
terminated, withdrawn or revoked pursuant to the terms and conditions contained herein and that the Access Rights (as defined in Section 7(e) below)
granted herein shall have the same Term as, and shall expire and/or terminate with, the expiration or earlier termination of this License.
2. Term. The initial term of the License shall be five (5) years commencing on the date Licensee commences construction of the Antenna
Facilities (as defined in Section 7(a) below) (the "Commencement Date "), and terminating at midnight on the last day of the calendar month
occurring sixty (60) full calendar months after the Commencement Date (the "Initial Term "). Licensee shall notify Licensor in writing of the
Commencement Date within seven (7) days of the Commencement Date.
3. Renewal.
(a) Licensee shall have the right to extend this License for five (5) additional and successive five -year terms (each a "Renewal
Term ") on the same terms and conditions as set forth herein. This License shall automatically renew for each successive Renewal Term unless either:
(i) Licensee notifies Licensor, in writing, of Licensee's intention not to renew this License, at least thirty (30) days prior to the
expiration of the Initial Term or any Renewal Term; or
(ii) This License has been terminated, withdrawn or revoked in accordance with Section 8 of this License.
(b) The Initial Term and each Renewal Term are collectively referred to herein as the "Term."
4. License Fee.
(a) From and after the Commencement Date, Licensee shall pay Licensor or Licensor's designee, as a monthly license fee of One Thousand
Nine Hundred Ninety Five and 00 /100 Dollars ($1,995.00) per month ( "License Fee "). The first payment of the License Fee shall be due within
twenty (20) days following the Commencement Date and shall be prorated based on the days remaining in the month following the Commencement
Date, and thereafter the License Fee will be payable monthly, in advance, by the fifth day of each month to Licensor at the address specified in
15010 E. Badillo St.
Section 12 below. If this License is terminated, withdrawn or revoked for any reason (other than a default by Licensee) at a time other than on the
last day of a month, the License Fee shall be prorated as of the date of termination and all prepaid License Fee shall be immediately refunded to
Licensee.
(b) During the Term of this License, upon each one (1) year anniversary of the Commencement Date, the License Fee will be increased by
an amount equal to four percent (4 %) of the Licensee Fee then in effect.
(c) In addition to the License Fee, within thirty (30) days of the Commencement Date, Licensee shall pay Licensor a one -time, non-
refundable payment of Fifteen Thousand and 00 /100 ($15,000.00) to cover Licensor's legal costs associated with this License and for Licensor's sole
use towards park improvements.
5. Permitted Use. Subject to: (i) Licensor's prior written approval as may be required herein; and (ii)Licensee's compliance with all land
use or other entitlements or permits applicable to the Antenna Facilities (as defined in Section 7(a)), the Premises may be used by Licensee for the
transmission and reception of radio communication signals and for the construction, installation, operation, maintenance, repair, removal or
replacement of related facilities, including, without limitation, antennas, microwave dishes, equipment shelters and/or cabinets and related activities.
Licensee agrees to install all utility facilities such as cables, wires, and other similar devices or apparatus underground where feasible.
6. Interference. Licensee shall not use the Premises in any way which interferes with the use of the Property by Licensor, or lessees or
licensees of Licensor with equipment installed prior in time to Licensee's installation. In addition to and notwithstanding the foregoing, Licensee
shall not make use of the Premises in any way which materially interferes with Licensor's ordinary use of the Property for its governmental purposes
and/or the public welfare whether or not such use occurs before or after Licensee's installations provided that Licensor shall use good faith efforts to
conduct its governmental purpose and public welfare activities in a manner that does not interfere with Licensee if feasible. Subject to the foregoing,
Licensor shall not use, nor shall Licensor permit its lessees, licensees, employees, invitees or agents to use, any portion of the Property in any way
which interferes with the operations of Licensee. Such interference shall be deemed a material breach by the interfering party, who shall, upon
written notice from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly, the parties
acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other
rights that it may have at law or in equity, to bring a court action to enjoin such interference or to terminate this License immediately upon written
notice.
7. Improvements; Utilities; Access.
(a) Subject to applicable land use, entitlement and/or permit processes Licensee shall have the right, at its expense, to erect and maintain on
the Premises improvements, personal property and facilities necessary to operate its communications system, including, without limitation, radio
transmitting and receiving antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and related cables and utility lines and a
location based system, including, without limitation, antenna(s), coaxial cable, base units, location based systems, and other associated equipment
(collectively, the "Antenna Facilities "). Subject to applicable land use, entitlement and /or permit processes Licensee shall have the right to alter,
replace, expand, enhance or upgrade the Antenna Facilities at any time during the term of this License. Licensee shall cause all construction to occur
lien -free and in compliance with all applicable laws and ordinances, and shall discharge or bond any mechanic's lien filed or recorded. The Antenna
Facilities shall remain the exclusive property of Licensee and shall not be considered fixtures. Licensee, at its expense, may use any and all
appropriate means of restricting access to the Antenna Facilities, including, without limitation, the construction of a fence subject to Licensor's prior
approval. Licensee shall have the right to remove the Antenna Facilities at any time during and upon the expiration or termination of this License.
Upon the expiration or earlier termination, cancellation or revocation of this Licensee, Licensee shall remove Licensee's Antenna Facilities within
thirty (30) days after the effective date of termination. Upon removal, Licensee shall ensure the Premises are in substantially the same condition
existing as of the Commencement Date, less ordinary wear and tear or other casualty not caused by Licensee, its agents or contractors. Licensee shall
be liable for any and all damage caused to the Property by removal of Licensee's Antenna Facilities. In the event that Licensee fails to remove
Licensee's Antenna Facilities within such thirty (30) days, Licensor may, following notice to Licensee, remove Licensee's Facilities at Licensee's
sole cost and expense.
(b) Notwithstanding the foregoing, prior to the commencement of its construction, Licensee shall submit to Licensor plans and
specifications (the "Plans ") for the installation showing the size, height and location of the material components of the Antenna Facilities including
any necessary utility routes and/or proposed upgrades to utilities already existing on the Property. Licensor shall have the right to approve or reject
the Plans and related documents in writing, in accordance with all applicable codes including the Baldwin Park Municipal Code sections 153.112 et.
seq. and 153.630 et seq. Licensor's Planning Commission shall either approve or deny the Plans within ninety (90) days of Licensor's receipt of
completed Plans. In the event Licensor objects to the Plans, Licensor's objections shall be clearly stated in writing and given in accordance with
Paragraph 12 below whereupon Licensee shall have the right either to (a) resubmit the Plans in accordance with the same approval process as stated
above, or (b) terminate this Agreement, whereupon the parties shall have no further obligations or liabilities to each other. Licensee may resubmit
the Plans for approval by Licensor as many additional times as Licensee desires.
(c) Licensee shall, at Licensee's expense, keep and maintain the Antenna Facilities now or hereafter located on the Property in
commercially reasonable condition and repair during the term of this License, normal wear and tear and casualty not caused by Licensee or its
contractors or agents excepted. Upon termination or expiration of this License, the Premises shall be returned to Licensor in good, usable condition,
normal wear and tear and casualty not caused by Licensee or its contractors or agents excepted. Removal of the Antenna Facilities shall be in
accordance with Section 7(a) of this License entitled, "Removal ".
15010 E. Badillo St.
(d) Subject to Licensor's prior written approval (which shall not be unreasonably withheld) and all applicable land use or other entitlement
processes, Licensee shall have the right to install utilities, at Licensee's expense, and to improve the present utilities on the Property (including, but
not limited to, the installation of emergency power generators). Licensor agrees to use reasonable efforts in assisting Licensee to acquire necessary
utility service. Licensee shall, wherever practicable, install separate meters for utilities used on the Property by Licensee. In the event separate
meters are not installed, Licensee shall fully and promptly pay all charges for all utilities attributable to Licensee's use, operation and maintenance of
Licensee's Antenna Facilities at the rate charged by the servicing utility provider. In no event shall Licensor be liable to Licensee for any power
interruption, change in quality or failure of the supply of electricity or any other utility used by Licensee absent Licensors willful misconduct.
Notwithstanding the foregoing, Licensor agrees to use good faith efforts to promptly seek restoration of any interrupted utility service from the
servicing utility provider.
(e) As partial consideration for the License Fee paid under this License, Licensor hereby grants Licensee an easement in, under and across
the Property for ingress, egress, utilities and access (including access for the purposes described in Section 1) to the Premises adequate to install and
maintain utilities, which include, but are not limited to, the installation of power and telephone service cable, and to service the Premises and the
Antenna Facilities at all times during the Initial Term of this License and any Renewal Term (collectively, the "Access Rights "). The Access Rights
provided hereunder shall have the same Term as this License and shall be as described and depicted on Exhibit `B" or on file with the Licensor's
Planning Division.
(f) For regularly scheduled maintenance, Licensee shall have access to the Premises from 9:00 am until 7:00 pm Monday — Sunday for the
Term of this License at no additional charge to Licensee (the "Normal Access Hours "). Notwithstanding the foregoing, Licensee agrees to provide
Licensor with prior telephonic notice related to such maintenance activities and to reasonably schedule such visits at times agreeable to Licensor by
contacting the Program Supervisor in the Recreation and Community Services Department. In the event of an emergency or service affecting
condition that necessitates Licensee's access to the Premises outside of Normal Access Hours, Licensee shall be allowed to access the Premises
without Licensor consent provided that: (i) Licensee shall attempt to notify Licensor at the telephone number listed in Section 12 below prior to such
access; and (ii) Following such emergency access, Licensee shall provide Licensor with written notice of the access which shall include the duration
of access as well as a description of the nature of the emergency. In accessing the Premises, Licensee agrees to conduct all maintenance on the
Property in a manner that will minimize disturbance to surrounding residences and will not cause interference with the use of the Property by
Licensor or other tenants or occupants of the Property as prohibited herein.
8. Termination / Revocation / Cancellation. Except as otherwise provided herein, this License may be terminated, revoked or cancelled
without any penalty or further liability as follows:
(a) by Licensor, upon thirty (30) days' written notice, if Licensee fails to cure a default for payment of amounts due under this License
within that thirty (30) day period;
(b) by Licensee, prior to the Commencement Date upon Licensee's notice to Licensor of unacceptable results of any title report,
environmental or soil tests or if Licensee is unable to obtain, maintain, or otherwise forfeits or cancels any license (including without limitation an
FCC license), permit or any Governmental Approval necessary to the installation and/or operation of the Antenna Facilities or Licensee's business;
(c) by Licensee, upon thirty (30) days' written notice if the Property, the Building or the Antenna Facilities are, or become unacceptable
under Licensee's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong;
(d) by Licensee, immediately upon written notice to Licensor, if the Premises or the Antenna Facilities are destroyed or damaged so as in
Licensee's reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, all rights and
obligations of the parties shall cease as of the date of the damage or destruction, and Licensee shall be entitled to the reimbursement of any License
Fee prepaid by Licensee. If Licensee elects to continue this License, then all License Fee shall abate until the Premises and/or the Antenna Facilities
are restored to the condition existing immediately prior to such damage or destruction;
(e) by either party at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a portion of the Property
provided Licensee has determined in its reasonable discretion that the condemnation is sufficient to render the Premises unsuitable for Licensee's
use. Licensor and Licensee shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property
to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation; or
(f) by Licensee, upon thirty (30) days written notice to Licensor if Licensee determines the Property or Antenna Facilities are inappropriate
or unnecessary for Licensee's operations due to economic reasons.
(g) in accordance with Sections 6, 9 and 10 of this License.
9. Default and Right to Cure. Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it
at law or in equity, either party shall have the right, but not the obligation, to terminate this License on written notice pursuant to Section 12 hereof,
to take effect immediately, if the other party fails to perform any covenant for a period of thirty (30) days after receipt of written notice thereof to
cure.
10. Taxes. Licensor shall pay when due all real property taxes for the Property, including the Premises. In the event that Licensor fails to
pay any such real property taxes or other fees and assessments, Licensee shall have the right, but not the obligation, to pay such owed amounts and
deduct them from the License Fee amounts due under this License. Notwithstanding the foregoing, Licensee shall pay any personal property tax, real
property tax or any other tax or fee increase which is directly attributable to this License including the presence or installation of Licensee's Antenna
15010 E. Badillo St.
Facilities, until such time as Licensee removes all Antenna Facilities as required by Section 7(a) above. Licensor hereby grants to Licensee the right
to challenge, whether in a Court, Administrative Proceeding, or other venue, on behalf of Licensor and/or Licensee, any personal property or real
property tax assessments that may affect Licensee. Without in any way limiting Licensee's obligation to pay personal property tax, real property tax
or any other tax or fee described above, if Licensor receives notice of any personal property or real property tax assessment against the Licensor,
which may affect Licensee and is directly attributable to Licensee's installation, then Licensor shall provide timely notice of the assessment to
Licensee sufficient to allow Licensee to consent to or challenge such assessment. Further, Licensor shall provide to Licensee any and all
documentation associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this Section
10. In the event real property taxes are assessed against Licensor or Licensee for the Premises or the Property, Licensee shall have the right, but not
the obligation, to terminate this License without further liability after thirty (30) days written notice to Licensor; provided, that Licensee pays any real
property taxes assessed as provided herein.
11. Insurance and Subrogation and Indemnification
(a) Prior to Licensee accessing the Property, Licensee shall provide to Licensor proof of insurance, at Licensee's sole cost and expense, to
remain in full force and effect during the entire Term of this License. The following policies must be maintained: (i) Commercial General Liability
Insurance in an aggregate amount of not less than one million and no /100 dollars ($1,000,000.00); (ii) Workers' Compensation Insurance as required
by law; (iii) Automobile Liability Insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per accident; (iv)
Employer's Liability Insurance with a limit not less than One Million Dollars ($1,000,000.00) per occurrence. Licensee may satisfy these
requirements by obtaining the appropriate endorsement to any master policy of liability insurance Licensee may maintain.
(b) Licensee hereby agrees to indemnify, defend and hold harmless Licensor and Licensor's officers, directors, partners, shareholders,
employees, agents, contractors or subcontractors from and against any and all losses, claims, liabilities, damages, costs and expenses (including
reasonable attorney's fees and costs) and injuries (including personal injuries or death) (collectively, "Losses and Injuries ") related to Licensee's, or
any of its agents' or contractors' (i) use, operation, maintenance or repair of the Antenna Facilities; (ii) use of the Access Rights to or over the
Premises or Property; or (iii) performance of Tests or activities performed pursuant to the Option provisions contained herein; provided, that the
obligations to indemnify and hold harmless are only to the extent caused by Licensee's, its agents' or contractors' negligence or willful misconduct.
Notwithstanding anything to the contrary in this License, the parties hereby confirm the provisions of this section shall survive the expiration or
termination of this License.
12. Notices. All notices, requests, demands and other communications shall be in writing and are effective five (5) days after deposit in
the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next - business -day delivery via a nationally recognized
overnight courier to the addresses set forth below. Licensor or Licensee may from time to time designate any other address for this purpose by
providing written notice to the other party.
If to Licensee, to: I If to Licensor, to:
T- Mobile USA, Inc.
City of Baldwin Park
12920 SE 38th Street
14403 East Pacific Avenue
Bellevue. WA 98006
Baldwin Park, CA 91706
Attn: PCS Lease Administrator
Attn: Chief Executive Officer
With a cony to: Attn: Leeai Dent.
For Telephonic Notice For Emergency Access: (626)890 -6501
And with a copy to:
And with a copy to:
Omnipoint Communications Inc.
Aleshire & Wynder, LLP
a subsidiary of T- Mobile USA, Inc.
1515 West 190"' Street
3 Imperial Promenade, Suite 1100
Gardena, CA 90248
Santa Ana, CA 92707
Attn: Joseph W. Pannone
Attn: Lease Administration Manager
Send Fee Payments to:
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91706
Attn: Finance Department
15010 E. Badillo St.
13. Quiet Enjoyment, Title and Authority. As of the Effective Date and at all times during the Term of this License, Licensor represents
that: (i) Licensor has full right, power and authority to execute and perform this License; and (ii) execution and performance of this License will not
violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Licensor; and (iii) Licensee's quiet
enjoyment of the Premises or any part thereof shall not be disturbed as long as Licensee is not in default beyond any applicable grace or cure period.
In addition, Licensee covenants that at all times during this License, Licensee shall not disturb Licensor's quiet enjoyment of the Property or any part
thereof subject to the terms and conditions set forth herein.
14. Environmental Laws. Licensor represents it has no knowledge of any substance, chemical or waste (collectively, "Hazardous
Substance ") on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Licensor
and Licensee shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Licensee shall not be
responsible for, conducting any investigation and/or remediation as required by any applicable environmental laws, with respect to any spills or other
releases of any Hazardous Substance not caused solely by Licensee, that have occurred or which may occur on the Property. Each party agrees to
defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action,
demands and liability (collectively, "Claims ") including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments
and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property
or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment (collectively,
"Actions "), that relate to or arise from the indemnitor's activities on the Property. The indemnifications in this section specifically include, without
limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by
any governmental authority. This Section 14 shall survive the termination or expiration of this License.
15. Assignment and Subleasing.
(a) Licensee may assign or otherwise transfer this License and the Access Rights (as defined above) granted herein upon written
approval of Licensor. Upon assignment, Licensee shall be relieved of all liabilities and obligations hereunder and Licensor shall look solely to the
assignee for performance under this License and all obligations hereunder but only if the assignee has agreed to be responsible for all of Licensee's
obligations pursuant to this License. Licensee may sublease the Premises, upon written approval of Licensor.
(b) Notwithstanding anything to the contrary in this License, Licensee shall have the right to assign or otherwise transfer this License
and the Access Rights (as defined above) herein upon written notice to Licensor as follows: (a) to Licensee's parent company and/or an affiliate or
subsidiary of Licensee or Licensee's parent company, (b) to Licensee's successor by operation of law or otherwise, (c) in connection with any public
offering of interests by Licensee or (d) to any affiliate or subsidiary or other party as may be required in connection with any offering, merger,
acquisition recognized security exchange or financing.
(c) Licensor shall have the right to assign or otherwise transfer this License and the Access Rights granted herein, upon written
notice to Licensee. Upon assignment Licensor shall be relieved of all liabilities and obligations hereunder and Licensee shall look solely to the
assignee for performance under this License and all obligations hereunder but only if the assignee has agreed to be responsible for all of Licensor's
obligations pursuant to this License.
(d) Additionally, notwithstanding anything to the contrary above, Licensor or Licensee may, upon notice to the other, grant a security
interest in this License (and as regards the Licensee and the Antenna Facilities), and may collaterally assign this License (and as regards the Licensee
and the Antenna Facilities) to any mortgagees or holders of security interests, including their successors or assigns (collectively "Secured Parties ").
In such event, Licensor or Licensee, as the case may be, shall execute such consent to leasehold financing as may reasonably be required by Secured
Parties.
16. Successors and Assigns. This License and the Access Rights granted herein shall run with the land, and shall be binding upon and
inure to the benefit of the parties, their respective successors, personal representatives and assigns, as permitted by this License.
17. Waiver of Licensor's Lien. Licensor hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna
Facilities or any portion thereof, which shall be deemed personal property for the purposes of this License, whether or not the same is deemed real or
personal property under applicable laws, and Licensor gives Licensee and Secured Parties the right to remove all or any portion of the same from
time to time, whether before or after a default under this License, in Licensee's and/or Secured Parties' sole discretion and without Licensor's
consent; provided, however, Licensee shall be solely responsible for ensuring the Premises are maintained in a good condition and consistent with the
Exhibit B attached hereto or the plans on file with Licensor's Planning Division and Licensee shall be solely responsible for any damage to the
Property or Premises to the extent caused by Licensee, its agents or contractors.
18. Miscellaneous.
(a) The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including
appeals, if any.
(b) Each party agrees to furnish to the other, within twenty (20) days after request, such truthful estoppel information as the other may
reasonably request.
(c) This License constitutes the entire agreement and understanding of the parties regarding Licensee's use of the Property for the
Antenna Facilities, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set
forth herein. Any amendments to this License must be in writing and executed by both parties.
(d) Licensor shall not be responsible for any vandalism that may occur upon the Premises by circumstances beyond the reasonable control
of Licensor.
(e) Licensee shall maintain Licensee's Antenna Facilities and the Premises in neat and safe condition in compliance with all applicable
codes and governmental regulations. In the event that Licensee's Antenna Facilities fall into disrepair, Licensee shall repair or take other reasonably
required actions to assure such compliance within thirty (30) days of written notice from Licensor.
(f) If any alarm system is utilized by the Licensee on the Premises, said alarm system shall be linked to a private monitoring company
which shall be required to register with the City of Baldwin Park in accordance with Chapter 91 of the Baldwin Park Municipal Code.
(g) Prior to any installation of the Antenna Facilities, Licensee agrees to obtain all required permits and/or licenses pertaining to the
installation, operation, maintenance and repair of its equipment on the Premises including but not limited to applicable licenses from the Federal
Communications Commission or applicable permits from Licensor including any applicable conditional use permit.
(h) Licensee shall use good faith and commercially reasonable efforts to minimize disturbance to public park activities and/or play during
the installation, repair or daily operations of Licensee's Antenna Facilities.
(i) Licensee agrees not to maintain nor permit any nuisances on the Premises, nor permit the Premises to be used for any purpose or use
in violation of any of the laws, ordinances, rules or regulations of any public authority applicable thereto.
0) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of License in substantially the
form attached hereto as Exhibit C) necessary to protect its rights or use of the Premises. The Memorandum of License may be recorded in place of
this License, by either party. In the event the Property is encumbered by a mortgage or deed of trust, Licensor agrees, upon request of Licensee, to
obtain and furnish to Licensee a non - disturbance and attornment agreement for each such mortgage or deed of trust, in a form reasonably acceptable
to Licensee. Licensee may obtain title insurance on its interest in the Premises. Licensor agrees to execute such documents as the title company may
require in connection therewith.
(k) This License shall be construed in accordance wit'n the laws of the state in which the Property is located.
(1) If any term of this License is found to be void or invalid, then such finding shall not affect the remaining terms of this License, which
shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the
extent necessary to make them enforceable. Any questions of particular interpretation shall not be interpreted against the draftsman, but rather in
accordance with the fair meaning thereof. No provision of this License will be deemed waived by either party unless expressly waived in writing and
signed by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any
provision of this License shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision.
(m) The persons who have executed this License represent and warrant that they are duly authorized to execute this License in their
individual or representative capacity as indicated.
(n) This License may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which
together shall constitute a single instrument.
(o) All Exhibits referred to herein and any Addenda are incorporated herein for all purposes. The parties understand and acknowledge
that Exhibit A (the legal description of the Property) and Exhibit B (the Premises location within the Property), may be attached to this License and
the Memorandum of License, in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, Exhibits
A, and/or B, as the case may be, which may have been attached hereto in preliminary form, may be replaced by Licensee with such final, more
complete exhibit(s). The terms of all Exhibits are incorporated herein for all purposes.
(p) If Licensor is represented by any broker or any other leasing agent, Licensor is responsible for all commission fees or other payment
to such agent, and agrees to indemnify and hold Licensee harmless from all claims by such broker or anyone claiming through such broker. If
Licensee is represented by any broker or any other leasing agent, then Licensee is responsible for all commission fees or other payment to such agent,
and agrees to indemnify and hold Licensor harmless from all claims by such broker or anyone claiming through such broker.
(q) The terms and condition of this License, which by their sense and context survive the expiration or termination of this License, shall
so survive.
19. Relocation of Licensee's Antenna Facilities. Subject to the other provisions of this License, in the event Licensor desires to redevelop,
modify, remodel or in any way alter Licensor's Property or any improvements thereon (collectively the "Redevelopment "), Licensor shall in good
faith use its best efforts to accommodate, fully, Licensee's continued use of the Premises. If however any proposed Redevelopment necessitates the
relocation of the Premises or Licensee's Antenna Facilities, or otherwise requires any alterations to Licensee's Antenna Facilities, then Licensor shall
have the one -time right to require Licensee to relocate or make the necessary alternations, at Licensee's sole cost, expense and risk; provided,
however, that Licensor has provided Licensee with no less than six (6) month's prior written notice of Licensoe's proposed Redevelopment. If
Licensee, in its sole discretion, cannot relocate to a location on Licensor's Property which is technologically and operationally feasible, then Licensee
may terminate this License upon thirty (30) days prior written notice to Licensor. Licensor shall only be entitled to require Licensee to relocate
Licensee's Facilities as set forth above after the expiration of the Initial Term and shall, if feasible, allow Licensee to utilize a temporary
communications facility on the Property in a location mutually agreed upon by the parties hereto (which facility may include the use of a cell -on-
wheels or "COW ") in order to assure there is no interruption of Licensee's services provided from the Property during the relocation. In the event an
interruption in services is caused by the relocation as set forth above, the Licensee Fee shall abate for the reasonable period during which Licensee is
unable to commercially operate from the Premises as a result thereof.
The effective date of this License is the date of execution on behalf of Licensor provided, however, that this License is fully executed by
both parties (the "Effective Date ").
[Insert signature block]
The Property is legally described as follows:
EXHIBIT A
Legal Description
EXHIBIT "A"
All that certain real property situated in the County of Los Angeles, State of
California, described as follows:
Lots 8 and 16, in Block C of Subdivision No. I of Azusa Land & Water Company,
in the City of Azusa, County of Los Angeles, State of California, as shown on map
recorded in Book 16 Pages 17 and IS of Miscellaneous Records, in the office of
the Count/ Recorder of said County.
EXCEPT the Northerly 18 feet and the Westerly 10 feet of the above described
land.
Assessor's Parcel Number: 8613-008-005
EXHIBIT B
The location of the Premises wth,the Property (together +m access aa Ile R more particularly descri Jm#depicted as follow:
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EXHIBIT B (continued)
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EXHIBIT B (continued)
However, it is expressly agreed and understood by and between the Licensor and Licensee that the exact and precise location of the Licensee's
Antenna Facilities are subject to review and approval by the planning and/or zoning boards having jurisdiction over the "Premises." As such, all
modifications to this Exhibit `B" shall be subject to Licensor's written approval or shall be on file with the Licensoe's Planning Division. Therefore,
it is expressly agreed and understood by and between Licensor and Licensee that the precise location of the Premises as shown on Exhibit `B" may
be modified by the Licensee in order to comply with and obtain necessary planning and/or zoning approvals, and any and all other approvals
necessary for Licensee's intended use of the property. The Premises as described herein may therefore be modified by the Licensee to reflect the
final engineering design. An amended Exhibit "B" (if necessary) will be provided by the Licensee and attached to the License in place of the existing
Exhibit `B ", a copy of which will be provided to the Licensor for review and approval (which approval will not be unreasonably withheld) prior to
being incorporated into the License.
EXHIBIT C
Memorandum
of
License
Recorded, Requested By, and
When Recorded Return To:
Omnipoint Communications Inc.
2008 McGaw Avenue
Irvine, CA 92614
Attn: License Administration Site No. IE25380
MEMORANDUM OF LICENSE
This Memorandum of License with option ( "Memorandum ") dated as of is
entered into between the City of Baldwin Park, a municipal corporation ( "Licensor ") and
Omnipoint Communications, Inc., a subsidiary of T- Mobile USA, Inc. ( "Licensee ") regarding a
portion of the property located at 15010 East Badillo Street, commonly known as Hilda Solis
Park in the City of Baldwin Park with APN: 8554 -005 -900.
See Attached Exhibit "A" incorporated herein for all purposes
The Option is for a term of twelve months after the date of the License with up to one
additional twelve months renewal ( "Optional Period ").
The LIS for ter( of five (5) r V commence l the of the 1 a 11 l yeUJ "11d VIll lol
option period. Licensee shall have the right to extend this License for five additional five -year
terms.
This memorandum is solely for the purpose of giving constructive notice of the License.
In the event of a conflict between the terms of the License and this Memorandum, the terms of
the License shall control.
IN WITNESS WHEREOF, the parties hereto have respectively executed this
memorandum effective as of the date of the last party to sign.
LICENSOR: LICENSEE:
By:
Printed Name:
Title:
Date:
12
15010 E. Badillo St.
By:
Printed Name:
Title:
Date:
Exhibit A
Legal Description of the Premises
EXHIBIT "A"
All that certain real property situated in the County of Los Angeles, State of
California, described as follows:
Lots 8 and 16, in Block C of Subdivision No. I of Azusa Land & Water Company,
in the City of Azusa, County of Los Angeles, State of California, as shown on map
recorded in Book 16 Pages 17 and 18 of Miscellaneous Records, in the office of
the County Recorder of said County.
EXCEPT the Northerly 18 feet and the Westerly 10 feet of the above described
land.
Assessor's Parcel Number: 8613-008-005
13
15010 E. Badillo St.
State of California )
County of )
On before me, (here insert name and title of the officer), personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
State of California )
County of )
On before me, (here insert name and title of the officer), personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
14
15010 E. Badillo St.
(Seal)
TO: Honorable Mayor and Members of the City Council 0
FROM: Edwin "William" Galvez, Director of Public Works
DATE: August 6, 2008
SUBJECT: RESOLUTION 2008 -040 SETTING RATES FOR RE DENTIAL AND
COMMERCIAL REFUSE RELATED SERVICES EFFECTIVE JULY 1, 2008
TO JUNE 30, 2009
The purpose of this report is to provide information and background to the City Council in
consideration of approving a resolution (Attachment 1) to adjust refuse related rates
effective from July 1, 2008 until June 30, 2009.
BACKGROUND
The City of Baldwin Park has an `4 exclusive Franchise Agreement with °,/Waste Management
of the Pomona / San Gabriel Valley for services needed to collect all refuse and solid
waste generated within the City of Baldwin Park. The current contract expires on June 30,
2010.
Pursuant to the terms outlined in the Franchise Agreement, the contractor is allowed an
adjustment in refuse rates based on the Consumer Price Index (CPI), as well as for
changes related to extraordinary cost such as landfill fees or fuel effective July 1 of every
year. The Franchise Agreement also specifies that extraordinary costs may also be
requested, but only if that component exceeds the CPI + 2 %.
A request was submitted by Waste Management in April 2008 for a 5.4% increase
(Attachment 2) for the coming fiscal year for CPI and for extraordinary fuel costs. Since
the index tracking fuel costs has increased by nearly 39 %, this component of the total cost
is eligible for adjustment as an extraordinary cost. Staff has ensured that "double dipping"
increases will not result. This means that extraordinary fuel costs would apply to only the
fuel component of the total cost, while the CPI adjustment will apply to the remaining cost
components.
Resolution Setting Refuse Rates, Effective July 1, 2008 to June 30, 2009
August 6, 2008
ANALYSIS
The requested increase includes two components:
1. CPI based increase 3.30%
2. Extraordinary cost increase for increase in fuel costs 2.10%
Total increase requested 5.40%
Page 2 of 3
Upon review, staff was able to verify the CPI based increase but was not satisfied with the
increase of the request for fuel. The CPI adjustment is calculated by utilizing the
percentage change in the CPI index from March of the prior calendar year to March of the
current year as published by the U.S. Department of Labor, Bureau of Labor Statistics.
This year's automatic adjustment is 3.28% and should not be rounded up to 3.30 %.
Waste Management had applied a 39% increase in fuel costs to 5% of the total cost
claimed to be fuel related, with the CPI left to adjust the remaining 95% of the total cost.
it was staff's position that Waste Management's request was excessive. Staff pointed out
that a portion of the fleet operates on natural gas, or alternate fuels, which have
experienced significantly lower increases. Waste Management then provided information
reflecting that 5% of the fleet operate -a' on alternative fuels and that fuel actually corriprises
4% of the total cost. As a result, the extraordinary costs were reduced by 0.71 % resulting
in a total increase requested to be 4.67 %. The overall increase was further rounded down
to a potential 4.40 %.
Compared to the original proposal by Waste Management, staff's efforts to reduce the
increase to 4.40% would save residents and businesses approximately $81,000 annually.
Staff met with Waste Management to discuss additional measures to provide further rate
relief to residents and businesses.
In the mean time, Waste Management has requested that the City proceed with approving
the CPI based increase while Waste Management works with staff to finalize the increase
in extraordinary costs including any additional savings that could be identified and
implemented. Per the contract, the rate increase is effective July 1, 2008.
A table showing a comparison of existing and proposed rate is shown in Attachment 3.
Sewer and refuse related fees are considered user fees and not property taxes or property
related fees, therefore these rate changes are not subject to Proposition 218.
FISCAL IMPACT
The General Fund will see an increase in franchise fee revenue estimated at $26,000
annually. Fund 129 (AB939) may experience a slight revenue increase; however the
activity levels of the commercial and roll off business will have a greater impact on this
revenue.
Resolution Setting Refuse Rates, Effective July 1, 2008 to June 30, 2009 Page 3 of 3
August 6, 2008
1: tufuo ►7 11167ki1
It is recommended that the City Council waive further reading, read by title only, and adopt
Resolution 2008 -040 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, SETTING RESIDENTIAL AND COMMERCIAL REFUSE
RELATED RATES."
ATTACHMENTS
1. Resolution No. 2008 -040
2. Rate Increase Calculation — CPI & Fuel Indices + Negotiated Reduction
3. Rate Adjustment Summary/Comparison
RESOLUTION NO. 2008 -040
Exhibit A
RESIDENTIAL FEES
COMMERCIAL BIN COLLECTION AND DISPOSAL MONTHLY FEES:
Bin Size Cubic Yard
MONTHLY RATES
35 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste
$17.65
64 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste
$21.05
96 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste
$24.20
6
1.5 every other week service
Additional 35 Gallon Waste Container
$3.19
Additional 64 Gallon Waste Container
$4.26
Additional 96 Gallon Waste Container
$5.32
Additional 64 Gallon Green Waste Container
No Charge
Additional 64 Gallon Recycling Container
No Charge
Additional Services On- Premises
$45.97
More Frequent On- Premises
$62.46
$148.47
$201.34
Multi -Unit Complex w /curbside 35 Gallon Waste
$17.65
Multi -Unit Complex w /curbside 64 Gallon Waste
$21.05
Multi -Unit Complex w /curbside 96 Gallon Waste
$24.20
$216.49
$270.58
Additional Multi -Unit (per additional unit 35 Gallon Waste
$13.03
Additional Multi -Unit (per additional unit 64 Gallon Waste
$15.34
Additional Multi -unit (per additional unit 96 Galion Waste
$17.65
Senior Rate 35 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste
$11.72
Senior Rate 64 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste
$14.08
Senior Rate 96 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste
$16.20
*New applications for Senior Rate accepted only at 35-gallon rate.
$324.36
$384.30
$443.47
Residential AB939 Fee-per refuse container, Standard rate customer
$1.33
Residential AB939 Fee - per refuse container, Senior rate customers
$0.48
* AB 939 fee is in addition to above listed rates and applies to all residential service customers.
COMMERCIAL BIN COLLECTION AND DISPOSAL MONTHLY FEES:
Bin Size Cubic Yard
Fre quency of Collection No. of collections per week
1
2
3
4
5
6
1.5 every other week service
$90.38
$129.18
$163.55
$198.42
$281.47
$283.45
1.5
$140.22
$191.38
$242.31
$293.60
$417.00
$419.94
2.0
$148.47
$201.34
$252.67
$304.75
$356.86
$433.05
3.0
$162.45
$216.49
$270.58
$324.65
$378.70
$456.85
4.0
$173.79
$232.47
$288.52
$344.55
$400.54
$480.68
6.0
$180.37
$264.45
$324.36
$384.30
$443.47
$528.29
Commercial AB939 Fee - 3.0% of above listed fees charged for selected service level.
• AB939 fee is in addition to above listed rates and applies to all commercial service customers.
• No bin rental or installation fee on permanent commercial containers
RESOLUTION NO. 2008 -040
MULTIFAMILY AND COMMERCIAL RECYCLING MONTHLY FEES:
Bin Size
Cubic Yard
1) No container fee
Frequency of Collection (No. of collections per week)
2) Minimum service - one load every 15 days
25 Cu Yd ..................... ........................$396.83
1
2
3
4
5
6
One 96 gal
$20.52
$35.92
$51.73
- --
- --
- --
1.5
$37.62
$66.70
$96.63
$125.71
$155.64
$184.72
2.0
$38.48
$72.69
$99.20
$129.13
$159.92
$190.70
3.0
$40.20
$74.40
$105.18
$137.68
$170.17
$201.82
4.0
$42.76
$76.96
$111.17
$145.38
$179.58
$213.79
5.0
$49.60
1 $87.23
1 $124.86
$163.34
1 $200.96
$238.59
Commercial AB939 Fee - 3.0% of above listed fees charged for selected service level.
* AB939 fee is in addition to above listed rates and applies to all commercial service customers.
*No bin rental or installation fee on permanent commercial containers.
ROLL OFF AND INSTA -BIN SERVICES:
12 Cu Yd (Rock or Dirt) ......................... $385.82
1) No container fee
to 6 times per year
2) Minimum service - one load every 15 days
25 Cu Yd ..................... ........................$396.83
3) One time $48.13 delivery fee per container
Scheduled commercial bulky item collection up to 3 c
4) Discount for long term, frequently serviced
.5U -4U UU To ......... ............................... $mot 18.yU
uux, nom" otlaueu n lumuuan
Insta -Bin Temporary 3 CY bin services ..... $112.50
1) Includes pick up and delivery
Unscheduled commercial bulky item collection up to 3 c
2 Extra collection @ $54.54 per extra dump
Commercial AB939 Fee - 3.0% of above listed fees charged for selected service level.
* AB939 fee is in addition to above listed rates and applies to all commercial service customers.
NON - ROUTINE CHARGES
Scheduled residential bulky item collection up to 3 cy
No charge - up
to 6 times per year
Scheduled residential bulky item collection beyond 6 per year
$25.82
per occurrence
Scheduled commercial bulky item collection up to 3 c
$25.82
per occurrence
Unscheduled residential bulky item collection - up to 3 c
$77.46
per occurrence
Unscheduled commercial bulky item collection up to 3 c
$77.46
per occurrence
City administrative fee - impounded illegal receptacle
$206.56 per receptacle
Reactivate service after non-payment cutoff
$15.49
per occurrence
Cart delivery due to account restoration
$15.49 per cart
Lock Replacement
$20.66
per occurrence
Cart replacement due to loss or misuse
$77.46 per cart
Commercial roll out or push out service Valet Service
$20.66 per month
Phone payment service
$2.07
per occurrence
Summary of CPI Calculations
Submitted by Waste Waste Management
Susan Moulton, Director of Public Sector Services
CPI 2008/2009 Price Increase
r r
R
WASTF. MA151AGEMEM
Indices
CPI
Fuel
Mar -08
223.606
386.52
Mar -07
216.5
266.08
A =
7.106
120.44
% Change
3.28%
45.26%
Adjustment Out
95.00%
3.28%
Net Rate Adjustement
Effective Change
3.28%
41.98%
5.38%
Proportion of Total Rate
100.00%
5.00%
Net Rate Adjustement
3.3%
2.1%
5.4%
Reviewed by City of Baldwin Park
William Galvez, Public Works Director
Rate Increase FY 2008/2009
Indices
CPI
Fuel
Mar -08
223.606
386.52
Mar -07
216.5
266.08
A =
7.106
120.44
% Change
3.28%
45.26%
Proportion of Total Rate
95.00%
5.00%
Net Rate Adjustement
3.12%1
2.26%1
5.38%
IUV I—NUV us
Summary of CPI Calculations
Reviewed by City of Baldwin Park
William Galvez, Public Works Director
Rate Increase FY 2008/2009
CPI Mar'07 to Mar'08
WASTE MANAGEMENT
Indices
CPI
Fuel (Combined)
Mar -08
223.606
$460,905.98
Cost Mar'08
Mar -07
216.5
$336,553.64
Cost Mar'07
O =
7.106
$124,352.33
% Change
3.28%
36.95%
Proportion of Total Rate
95.87%
C4. 13:
Net Rate Adjustement
3.15%
1.52%
4.67%
Fuel cost Mar'07 $336,553.64
Total Business '07 $8,139,227.00
Fuel as a % of Total 4.13%
Additional Staff Negotiated Reduction
i J
iVOt verified
Not verified
Percent Decrease 027%
Total Increase for FY 08109 4.40%
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TO: Honorable Mayor and Members of the City q8lyncil
FROM: Edwin "William" Galvez, Director of Public o ks
DATE: August 6, 2008
SUBJECT: AGREEMENT FOR MOSQUITO SURVEI LANCE AND VECTOR
CONTROL
WAUMSMA
The purpose of this report is to request consideration by the City Council for the
approval of an agreement with the San Gabriel Valley Mosquito and Vector Control
District to provide mosquito and vector control services.
In 1989, the San Gabriel Valley Mosquito and Vector Control District ( "District ") was
established and the all San Gabriel Valley cities incorporated into the District except for
Baldwin Park, South Pasadena, and La Canada. The District's formation and ongoing
services, which were initiated in 1989, preceded the enactment of Proposition 218
which became effective in 1997. All of the cities (and property parcels within) that
joined the District prior to 1997 have not had to meet the balloting requirements of
Proposition 218. As a result, all parcels in the District received mosquito and vector
control services, and the cost of such services were paid as an assessment in their
respective Property Tax bill.
In 2004, after West Nile Virus began to appear in the San Gabriel Valley and services
for mosquito and vector control became urgent, the City of Baldwin Park received
vector control services from the District as a result of funds provided by Los Angeles
County. This arrangement was for a one year period which expired on June 30, 2005.
In June 2005, the City entered into a two -year agreement with the District for mosquito
and vector surveillance. The agreement was effective July 1, 2005 to June 30, 2007.
The annual cost for these services was $89,004 paid out of City funds.
In May of 2007, the city received notice from the District that the annual cost of their
services would increase to $119,612, which is equivalent to $7.98 per parcel per year,
and which represents an increase of over 34 %.
Agreement for Mosquito Surveillance and Vector Control Page 2 of 4
August 6, 2008
On July 2, 2008, staff requested that the City Council consider directing staff to work
with the District to renew an Agreement for vector control services. The District would
support the renewal of such an agreement if the City were to make a commitment to a
Proposition 218 ballot measure. The City Council suggested that the City would
consider a Proposition 218 ballot measure, and requested that staff bring back an
agreement for vector control services for Council consideration.
DISCUSSION
Since 2007, City staff has been discussing mosquito and vector surveillance services
with the District beyond the June 30, 2007 expiration of the agreement. Staff again met
with the District in December 2007 to discuss how the City might be able to resume
services.
Early in June 2008, staff approached the District to entertain resuming the contract at
the increased rate and offered to forward payment to the District upon City Council
authorization. The District, however, informed staff that they could not accept payment
without a commitment to perform a Proposition 218 balloting election.
The District Board met on June 13, 2008 and Mr. West informed the Board of what was
being discussed with the City. The District Board indicated they wanted some
commitment from the City to conduct a Proposition 218 ballot election.
At this time, City staff and District staff both agree that renewing vector control services
is in the best interest to both Baldwin Park and the surrounding region. It is not efficient
nor is it feasible to contract privately nor with another district for vector control. In the
meantime, even though the City has not directly received District services, the vector
control efforts by the District have a positive effect to Baldwin Park since vector
monitoring is actively taking place just outside city boundaries. Should Baldwin Park
renew the agreement with the District, the region including Baldwin Park will be better
protected.
The assessment that the District collects is based on overall District cost and spread
out on a per parcel basis to its member agencies. Last year, the cost was $7.98 per
parcel. This year, the District is requesting $8.51 per parcel. An updated parcel count
which coincides with our Landscaping and our Parks assessment districts at the
requested rate results in an annualized cost of $123,122.68.
Alternative Vector Control Services
The City, since 1998, has been investigating alternative options for obtaining mosquito
vector control services. Staff has always supported having vector control service
provided by the District. Private companies do not have the knowledge, devices, or
equipment to control certain type of outbreaks. In addition, these special types of
Agreement for Mosquito Surveillance and Vector Control Page 3 of 4
August 6, 2008
districts provide constant monitoring and exchange information with other regional
districts, with the health department, and the Centers for Disease control.
Another service is code enforcement capability in the case of swimming pools that are
not properly maintained. The District has not only the know -how and equipment to deal
with this, but also the legal authority to take action. The per - parcel annual cost of $8.51
is very well worth the service and protection they provide.
Balloting Assessment
The City and District have been discussing how to ensure permanent vector control
services to Baldwin Park. As presented to the City Council at the last meeting on July
2, 2008, if the District were able to get an assessment directly on the property tax rolls,
this would not only guarantee service to Baldwin Park on a perpetual basis, but would
also allow Baldwin Park to become a member agency in the District with certain
privileges such as having a voting member on the District Board of Trustees.
The balloting measure would need to comply with Proposition 218, and proceed in a
similar fashion as when the City considered the a rate increase for the Lighting and
Landscaping Assessment last year in 2007.
The timeline of the vector control ballot would need to be completed in May or June of
2009, in time so that the assessment could be included in the tax rolls prepared by Los
Angeles County. This would require a Request for Proposals in October 2008.
FISCAL IMPACT
Engaging the services of the District will result in a monthly cost of $10,260.22. Based
on 10 months service beginning September 1, 2008 the total will be $102,602.50. The
agreement before City Council consideration is a one year agreement and services
beyond June 30, 2009 will depend on the balloting results for these services.
In the past, the city's General fund has covered this cost. The FY 2008 -09 Budget does
not include funds for the cost and staff therefore recommends that the City Council
authorize appropriation from reserves. Staff will initiate discussions with the District to
gain their participation and financial support in conducting a Proposition 218 ballot
measure estimated to cost $30,000. It is also anticipated that the District will help with
education and outreach prior and during the balloting.
Agreement for Mosquito Surveillance and Vector Control Page 4 of 4
August 6, 2008
RECOMMENDATION
Staff recommends that the City Council:
1. Authorize an agreement with the SGVMVCD (District) in the amount of
$102,602.50 for vector control services thru June 30, 2009;
2. Authorize staff to send out Requests for Proposals estimated to cost $30,000;
3. Authorize appropriation of $132,602.50 from the General Fund Reserves to
cover vector control service and the Proposition 218 ballot measure.
4. Direct staff to engage the District for their financial and educational participation
in a Proposition 218 ballot initiative.
EXHIBIT
Agreement with the District for Mosquito Surveillance and Control.
AGREEMENT FOR MOSQUITO SURVEILLANCE AND CONTROL
THIS AGREEMENT, entered into this day of August 2008 between the SAN
GABRIEL VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (hereinafter
referred to as "MVCD "), and the City of Baldwin Park (hereinafter referred to as "CITY ").
RECITALS
WHEREAS, CITY desires to receive MVCD's Schedule of Services (Annex A);
WHEREAS, MVCD possesses the expertise and resources necessary to perform such
services, and;
WHEREAS, CITY wishes to contract for said services, pending CITY's conduct of a
Proposition 218 election to determine parcel owner's decision to join or not MVCD,
Whereas it is MVCD's Board of Trustees policy that any contract municipality shall share
the cost of MVCD's vector control services equitably with all MVCD members; and,
NOW, THEREFORE, MVCD and CITY in consideration of the promises and covenants
hereinafter set forth, agree as follows:
1. MVCD shall conduct its program within the boundaries of CITY, per State guidelines
(California Health and Safety Code, Division 3, Chapter 5) and employing
surveillance data to determine the areas to be treated and insecticides to be used.
2. The term of this contract shall be September 1, 2008 though June 30, 2009 at the
annual cost as described in Paragraph 4 herein.
3. MVCD shall follow all State and federal laws, regulations, and guidelines in
conducting this program. MVCD shall maintain at all times complete detailed
records with regard to the work performed under this contract.
4. MVCD's charges to CITY for its services shall be based upon the total revenue which
would be received by MVCD from CITY property owners were they within MVCD
per MVCD's FY 2008 - 2009 Assessment Rates (Annex B).
5. MVCD shall be paid monthly an amount as reflected on Annex B and not later than
ten (10) days after CITY's receipt of an MVCD invoice. Failure by CITY to receive
the invoice does not obviate CITY's responsibility for such charges which shall be
remitted no later than 10 days after the 15th of each month.
6. CITY will conduct of an election of CITY's landowners per Proposition 218 to
determine their desire or not to join MVCD with the results to be certified by the City
Council of the CITY.
7. All persons performing services for MVCD shall be solely employees of DISTRICT
and not employees of CITY.
8. Either party may terminate this Agreement without cause and in its sole discretion at
any time by giving the other party thirty (30) days' written notice of such termination.
In the event of such termination, MVCD shall cease services as of the date of
termination and shall be compensated for services performed within that complete
month or part thereof.
9. CITY shall defend, hold harmless, and indemnify MVCD's officers, officials,
employees, agents, and volunteers from and against any and all loss, liability,
damage, claim cost charge, demand, or expense for any personal injury, bodily injury,
loss of life, or damage to property, arising out of or in connection with the
performance of services provided by this contract except where caused by the
negligence or willful misconduct of MVCD.
10. MVCD shall defend, hold harmless, and indemnify CITY's officers, officials,
employees, agents, and volunteers from and against any and all loss, liability,
damage, claim cost charge, demand, or expense for any personal injury, bodily injury,
loss of life, or damage to property, arising out of or in connection with the
performance Of ser vices provided by +this contract except where %aUSeu
by the
negligence or willful misconduct of CITY.
11. All notices, and approvals or demands of any kind required or desired to be given by
MVCD and CITY shall be in writing and shall be deemed served or given upon
delivery if personally delivered or if mailed, forty-eight (48) hours after depositing
the notice or demand in the United States Mail, certified or registered, postage
prepaid to the addresses shown below. MVCD and CITY may from time to time by
written notice to the other, designate another place for receipt of future notices.
Unless otherwise agreed in writing, notices shall be mailed to the following persons
and addresses:
MVCD:
San Gabriel Valley Mosquito and Vector Control District
1145 N. Azusa Canyon Road
West Covina, California 91790
Attn.: Steve A. West, District Manager
Phone: (626) 814 -9466 Fax: (626) 337 -5686
2
CITY:
City of Baldwin Park
14403 E. Pacific Ave.
Baldwin Park, CA 91706 -4297
Attn: Manuel Lozano, Mayor
Phone: (626) 960 -4011 Fax (626) 962 -2625
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first written above.
MVCD: SAN GABRIEL VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT
I:
Signature
Date
Steve West District Manager
Printed Name Position
CITY OF BALDWIN PARK
FEW
Signature
Date
Manuel Lozano Mayor
Printed Name Position
Annex A
Annex B
Annex A:
Schedule of Services
San Gabriel Valley Mosquito and Vector Control District
A vector is any insect or non - domesticated animal capable of transmitting disease or causing
significant discomfort to humans.
The San Gabriel Valley Mosquito and Vector Control District is an independent special
district. We control mosquitoes and other vectors for residents of 23 cities and
unincorporated areas in 250 square miles of the San Gabriel Valley. The District is
governed by a Board of Trustees, which is comprised of one representative from each
member city and the unincorporated County area. The District is funded solely through
an annual benefit assessment.
District Services
We use an environmentally sound integrated vector management program to control
populations of mosquitoes and other vectors, monitor disease levels, and provide public
education about preventive measures and potential vector -borne health concerns. The
following three basic services are provided to all residents of our District:
Vector Control: We focus on eliminating or altering breeding sites. When
necessary, highly selective, environmentally sound biochemical and biological
control agents are used to reduce the population of vectors.
• Inspect for and control mosquitoes, midges, and black flies
• Reduce and eliminate potential vector breeding sites
• Inspect for and control domestic rodents
• Remove nests and swarms of honey bees not in or on structures
Disease Surveillance: This program is designed to identify the increased presence of
vector -borne diseases before human cases occur.
• Monitor and test adult mosquitoes
• Obtain and test samples from sentinel chickens and wild birds
• Obtain and test samples from wild rodents
Public Education: We educate the public about our services, potential health
concerns, and our residents' responsibilities.
• Elementary school outreach program
• Public presentations about diseases, safety, and preventive health
• Provide literature and information to residents
Annex B:
Assessment Rates
Parcels in the San Gabriel Valley Mosquito and Vector Control District
Fiscal Year 2008-2009
Land Use Category with a 5 Unit Cap Charge
Residential & No Use Code Parcels < 1 A $8.51
Agricultural Parcels < 5 A $8.51
Commercial Parcels < 20 A $8.51
........... — ....... ...... ......
.. . . . .. .. .. . .. . .. . . . . .... ...... . ............ . .
.. .. .................................
.. . .
. . .
up to $18.96
. .
...................................
Commercial :.Parcels:>:20 A but: A
... .......... .. . . . . . . .. . ... . . . ..
....
Residential & No Use Code Parcels > 5 A
Agricultural Parcels > 25 A
Commercial Parcels > 100 A
$18.96
$18.96
$18.96
For shaded parcels each acre over the minimum equals one unit.
The assessment is adjusted at ($5.90+($2.61 X the number of units)) up to
5 units.
For Baldwin Park:
Total Parcels 14,468
per the Public Works Department
(based on tota 1, par C el -JU n+ in tI— Citywide
lighting assessment district, August 2008)
total charge for fy 2008-2009 $123,122.68
(total parcels x $8.51)
monthly charge $10,260.22
11
BALDIN
P•A - R,K
CITY OF BALDWIN PARK
AUG . 6 2008
SAWWAt -
TO: Honorable Mayor and City Council Members
FROM: Leticia Lara, Human Resources Man er
DATE: August 6, 2008
SUBJECT: Approval of Memoranda of Understanding (MOU's) the Classified
Confidential Employees' Association (CEA), and Professional &
Technical Employees' Association (PTEA) and the General Unit of
Clerical Employees Association
. .
The purpose of this report is for the City Council to review and adopt the Resolutions of
Memoranda of Understandings for the Classified Confidential Employees Association
(CEA), Professional and Technical Employees Association (PTEA) and the General
Unit of Clerical Employees Association.
BACKGROUND & DISCUSSION
Per City Council's direction, for the past few months staff has been meeting and
conferring with representatives from the recognized bargaining units. The City directed
staff to continue with negotiations and bring back for approval the respective
Memoranda of Understandings (MOD's).
The negotiation process has now been concluded and a majority of the members of the
Classified Confidential Employees Association (CEA) and Professional and Technical
Employees Association (PTEA) and the General Unit of Clerical Employees Association
have each ratified the Memorandum of Understanding for their respective Units. Upon
Council adoption of the Resolutions respectively, the MOU's will implement the terms
and conditions of employment, for two (2) years that were negotiated with the
Bargaining Units.
The following are the significant changes to the City's current agreement with the
respective Bargaining Units in the proposed MOU's are:
TERM OF AGREEMENT
• Term of agreement is limited to two (2) years for the period of July 1, 2008
through June 30, 2010
Agenda Staff Report
August 6, 2008
Page 2
BASE SALARY INCREASE
• Effective the first payroll period commencing on or after July 1, 2008 - 2.5% base
salary increase
• Effective the first payroll period commencing on or after July 1, 2009 - 2.5% base
salary increase
TUITION REIMBURSEMENT
• Effective July 1, 2008 - increase to $1,500 per Fiscal year, reimbursement
eligibility for full time employees who have passed original probation
• Effective July 1, 2008, any non -sworn (non -peace officer) employee injured
in the course and scope of employment shall be eligible to receive only
those benefits provided to non -sworn (non -peace officers) employees by
the Workers' Compensation laws. This language shall supersede that
language in City Personnel Rule Section 11.5 which applies to NON -
SWORN /MISCELLANEOUS employees.
FISCAL IMPACT
The fiscal impact associated with the approval of Resolution No.2008 -049,
Resolution No.2008 -050 and Resolution No. 2008 -051 will be approximately:
• CEA will be approximately $ 12,200
• PTEA will be approximately $ 53,600
• General Clerical Unit will be approximately $ 10,100
Additional impact for FY2009 -10
• CEA will be approximately $ 13,500
• PTEA will be approximately $ 55,600
• General Clerical Unit will be approximately $ 11,100
Agenda Staff Report
August 6, 2008
Page 3
The cost associated with the increase of the Tuition Reimbursement is minimal and will
be offset by the significant savings realized by the elimination of the one year "Line of
Duty Injury Leave" provision in the City's Personnel Rule which will be superseded by
the new MOU provisions.
Sufficient funding has been included in the City's Budget to absorb the related
personnel costs.
The City continues to negotiate with the Service Employees International Union (SEIU)
Local 721 Maintenance Employees. Staff will report on the progress of those
proceedings in future meetings.
RECOMMENDATION
Staff recommends City Council waive further reading, read by title only and adopt
1) Resolution No. 2008 -049 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE
CLASSIFIED CONFIDENTIAL EMPLOYEES' ASSOCIATION "; AND 21 Resolution ":o.
2008 -050 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BALDWIN PARK AND THE PROFESSIONAL AND
TECHNICAL EMPLOYEES' ASSOCIATION "; AND 3) Resolution No. 2008 -051
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF BALDWIN PARK AND THE GENERAL UNIT OF CLERICAL EMPLOYEES'
ASSOCIATION "; and authorize the Chief Executive Officer and the Human Resources
Manager to execute the respective MOU's.
Attachments:
• Resolution No. 2008 -049
• Resolution No. 2008 -050
• Resolution No. 2008 -051
RESOLUTION NO. 2008 - 049
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF BALDWIN PARK AND THE CLASSIFIED
CONFIDENTIAL EMPLOYEES ASSOCIATION (CEA)
YEARS 2008 - 2010
WHEREAS, the representatives of the City Council of the City of Baldwin Park
have met and conferred with duly authorized representatives of the
Classified Confidential Employees Association to make equitable
adjustments to wages and other terms and conditions of employment, and
WHEREAS, a Memorandum of Understanding prepared by said representatives
has been presented to the City Council for ratification, and
WHEREAS, a majority of the unit members from this group voted to approve the
Memorandum of Understanding.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. That this City Council does hereby approve and authorize the City
of Baldwin Park's Chief Executive Officer and Human Resources Manager to sign the
"Memorandum of Understanding between the Classified Confidential Employees
Association and the City of Baldwin Park" attached hereto as Exhibit A. The
Memorandum of Understanding for employees represented by the Classified
Confidential Employees Association is hereby effective for the period of July 1, 2008
through June 30, 2010.
SECTION 2. Resolutions or portions thereof in conflict hereby are hereby
repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution
and shall forward a certified copy hereof to each Department Head and the Human
Resources Manager.
PASSED AND APPROVED this 6th day of August, 2008.
Manuel Lozano
Mayor
Confidential Employees Association MOU 2008 -2010 1
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK I
1, LAURA NIETO, Acting Chief Deputy City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing Resolution was duly and regularly approved and
adopted by the City Council of the City of Baldwin Park at its regular meeting of the 6th
day of August 2008, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCILMEMBERS:
LAURA NIETO
ACTING CHIEF DEPUTY CITY CLERK
Confidential Employees Association MOU 2008-2010 2
EXHIBIT A
CITY OF BALDWIN PARK
MEMORANDUM OF UNDERSTANDING
2008-2010
BY AND BETWEEN
THE CLASSIFIED CONFIDENTIAL EMPLOYEES ASSOCIATION
AND
THE CITY OF BALDWIN PARK
This Memorandum of Understanding is made and entered into this 6th day of
August 2008, by and between the City of Baldwin Park, a municipal corporation, and the
Baldwin Park Classified Confidential Employees Association.
The parties hereto do agree as follows:
RECITALS. This Memorandum of Understanding is made and entered into with
respect to the following facts:
1. The parties agree that the provisions contained herein shall be subject to
all applicable laws and covers the period of July 1, 2008 through June 30,
2010, unless otherwise provided.
2. That the Classified Confidential Employees Association, c,%JlI used of the
classified services employees in the positions of Executive Secretary,
Personnel Technician, Senior Human Resources Analyst and Deputy City
Clerk did successfully and in good faith complete negotiations; and
3. The City agrees to commence the meet and confer process for the next
contract during the month of March 2010.
4. That the signatory parties hereto reached agreement on the following
items regarding wages, hours and working conditions:
Experimental 4/10 Plan
The City agreed to implement an experimental 4/10 plan for all confidential
employees assigned to City Hall effective September 27, 1992 and Community Center
effective April 12, 1993. The confidential employees recognize that the City may, at its
sole discretion, end the 4/10 plan at any time. The termination of such 4/10 plan is not
subject to the grievance process or any other administrative review. The confidential
employees recognize that the 4/10 plan is not a vested right in any manner.
The parties have agreed that although the City shall have an unrestricted
management right to terminate any of the work schedules described in the MOU,
Confidential Employees Association MOU 2008 -2010 3
implementation of that management right shall result in the City engaging that meet and
confer process as to the effects of exercising its management right.
Workday
Employees shall have a standard workday consisting of ten and one -half (10 -1/2)
hours, nine hours and fifty minutes (9:50) of work time and forty (40) minutes as a non -
paid unrestricted meal period. Meal periods shall be in accordance with department
administrative guidelines.
Employees will be provided two (2) ten (10) minute rest breaks during the day,
one each approximately at the midpoint of each one -half workday. Rest time is not
cumulative beyond the half scheduled workday within which the break period occurs nor
may it be used to extend lunch or shorten the workday.
Hours of Work
Employees not assigned to shift work shall work Monday through Thursday, 7:30
a.m. to 6:00 p.m.
Overtime or Administrative Leave
Members of this unit are FLSA- exempt administrative employees and do not
receive FLSA- mandate overtime. Nonetheless, the City proposes that each affected
unit member shall lodge with payroll, in July of each year, an irrevocable written election
that shall be valid for the entire ensuing fiscal year. Said election shall indicate the
employee's preference for receiving compensation at 1.5 times the employee's base
salary for authorized hours worked in excess of 40 in a work period. In the alternative,
each employee shall receive a maximum of thirty (30) hours of administrative leave with
pay each fiscal year. The use of such leave shall be at the reasonable discretion of the
employee's department head.
Unused administrative leave time balances at the end of each fiscal year, June
30, will be paid during the following month of July with said time being calculated at their
then straight time hourly rate.
Overtime
In lieu of receiving cash payment for hours worked in excess of forty (40) hours
during the seven (7) day work period, an employee may elect the option of earning
compensatory time, and shall have a cap of eighty (80) hours placed on the accrual of
compensatory time off.
Confidential Employees Association MOU 2008 -2010 4
The times during which an employee may take his /her compensatory time shall
be approved by the department head with due regard for the wishes of the employee
and for the needs of the service.
On or before December 31St of each year, an employee shall reduce his /her
accrued compensatory time bank to forty (40) hours or less. Any time in excess of forty
(40) hours shall be paid at the employee's current straight time rate unless advance,
written approval of the employee's department head and the Executive Team is
obtained to carry over all or part of the excess of forty (40) hours.
Upon separation from City service, an employee shall be compensated for all
accrued compensatory time of eighty (80) hours or less at his /her straight time hourly
base rate.
Vacation
Employees will be entitled to utilize accrued vacation leave after completion of six
(6) months continuous employment with the City. Employees may be eligible to utilize
accrued vacation leave at an earlier time, upon written request to and approval of their
department head.
The times during which an employee may take his /her vacation leave shall be
determined by the department head with due regard for the wishes of the employee and
for the needs of the service.
Employees shall, each calendar year, be required to take a minimum of forty (40)
consecutive hours vacation leave. In addition, an employee may, with approval of the
department head use vacation leave in lesser increments during the calendar year.
Employees may accumulate up to a maximum of two (2) vacation periods in any
one calendar year for the purpose of a vacation leave with approval of the department
head. A vacation period is defined as the maximum amount of vacation leave accrued
by an employee in any calendar year.
Effective July 3, 2005, the maximum accrual of vacation leave that may be
accumulated shall be as follows:
1. Employees having less than five (5) years of employment (vacation
accrual = 96 hours per year), the maximum amount of vacation that
may be accumulated shall be 192 hours.
2. Employees having more than five (5) years but less than ten (10) years
of employment (vacation accrual = 120 hours per year), the maximum
amount of vacation that may be accumulated shall be 240 hours.
Confidential Employees Association MOU 2008 -2010 5
3. Employees having more than ten (10) years but less than fifteen (15)
years of employment (vacation accrual = 144 hours per year), the
maximum amount of vacation that may be accumulated shall be 288
hours.
4. Employees having more than fifteen (15) years but less than twenty
(20) years of employment (vacation accrual = 168 hours per year), the
maximum amount of vacation that may be accumulated shall be 336
hours.
5. Employees having more than twenty (20) years of employment
(vacation accrual = 192 hours per year), the maximum amount of
vacation that may be accumulated shall be 384 hours.
If an employee, because of business necessity, is not able to utilize excess
accrued vacation hours, upon written request to, and approval of the department head,
an employee will be given an extension in order to take his /her vacation. In cases
where the employee forfeits vacation leave time at the request of the City, upon
approval of the Chief Executive Officer or designated representative(s), said employee
shall be compensated for forfeited vacation leave time at the employee's current rate of
pay. It is the employee's responsibility to schedule vacation time well in advance to
avoid forfeiting his or her vacation or to avoid any conflicts.
Employees will be notified on a quarterly basis of their current and potential
maximum ` —f -anon hours accrual for the calendar year to assist them in the reduction of
excess accrued vacation hours.
In the event a legal holiday falls during a vacation leave, such holiday shall not
be charged as vacation leave, and the vacation leave shall be extended or credited
accordingly.
Employees who separate from the service of the City shall be eligible to receive
compensation for all unused, accrued vacation leave.
Sick Leave
Sick leave shall accrue at the rate of 3.6923 hours on a biweekly basis and shall
be debited on an hourly basis.
Effective September 7, 1994, each eligible affected employee shall elect their
maximum sick leave hours accrual. Dependent upon the total number of currently
accrued sick leave hours, the maximum sick leave hours accrual may be set at 300
hours, 600 hours or 900 hours. If an eligible affected employee wishes to elect a
maximum leave accrual level that is at a higher level than their currently accrued sick
leave hours, they may do so.
Confidential Employees Association MOU 2008 -2010 6
The maximum accrual election by the affected employee will be irrevocable.
Once the election is made by the employee, such excess hours will be removed form
the employee's sick leave hours accrual, calculated at their then straight time hourly
rate and placed into a sick leave hours bank to be paid at no less than 50% of the total
value no more than 75% of the total value, with the timing and method of payment to be
determined by the City.
When an employee's service with the City is terminated for any reason, no
compensation shall be paid for unused sick leave.
Annual Sick Leave Incentive
Sick leave shall accrue on a biweekly hourly basis and shall be debited on an
hourly usage basis. Each January 1, eligible employees will commence to accrue sick
leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the
close of the calendar year, each eligible employee will receive 50% of the unused
portion of sick leave hours as compensation, calculated at their then straight time hourly
rate. Payment will be made at the next closest pay period.
Bereavement Leave
Each affected classification shall receive the equivalent of their workweek per
incident, as needed, because of a death in their immediate family. Immediate family
shall mean and include only the employee's spouse, children, step - children,
grandchildren, foster children, parents brother, sisters, granrlparentg Mate Registered
Domestic Partner, spouse's parents, and spouse's grandparents. Said time will not be
cumulative from one month to another, nor will pay in lieu of unused leave for
bereavement be provided.
Military Leave
An employee granted military leave pursuant to Section 11.6 of the Personnel
Rules shall not be granted additional compensation when such leave extends beyond
the employees regularly scheduled four (4) work days per week to his /her "Friday" day
off.
Jury Duty
An employee granted jury duty leave pursuant to Section 11.7 of the Personnel
Rules shall not be granted additional compensation when such leave extends beyond
the employees regularly scheduled four (4) work days per week to his /her "Friday" off.
Confidential Employees Association MOU 2008 -2010 7
Training /Conference Leave
When an employee is scheduled to attend a conference or training program
Monday through Friday, his /her work hours will be 8:00 a.m. to 5:00 p.m., Monday
through Friday, so there is no issue that he /she is eligible for overtime while attending
the conference or training.
Injury on Duty
Any employee who is injured within the scope of employment with the City
will receive workers compensation benefits as provided for under the California Labor
Code. While any employee is on injury on duty (IOD) status, his /her work hours will be
consistent with their regular scheduled work shift, so there will not be an issue or conflict
regarding said employee's eligibility for overtime while receiving treatment or keeping
doctor's appointments.
Industrial Iniury Benefits
This language shall supersede that language in City Personnel Rule
Section 11.5 which applies to NON - SWORN /MISCELLANEOUS employees. Said
Personnel Rule language is superseded by this MOU provision and the applicable
Personnel Rule language is null and void.
Effective July 1, 2008, any non -sworn (non -peace officer) employee injured in the
cour$e and scope of employment and whose injilries are S ohjert to the \A /rAnn c'
Compensation laws of the State of California, shall be eligible to receive only those
benefits provided to non -sworn (non -peace officers) employees by the Workers'
Compensation laws. Effective July 1, 2008, any non -sworn (non -peace officer)
employee receiving benefits pursuant to superseded Personnel Rule Section 11.5, shall
immediately cease receipt of the benefits provided by the former Personnel Rule
section, and shall receive only those benefits provided to non - sworn (non -peace officer)
employees by the Workers' Compensation laws."
Holidays
a. The following days shall be observed as holidays.
January 1St; the third Monday in February; the last Monday in May; July 4th; the
first Monday in September; November 11th; the fourth Thursday in November;
December 24th; December 25th, and such other days as may be designated as holidays
by motion of the City Council
If any of the foregoing holidays falls on a Friday or a Saturday, the holiday will not
be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a
Sunday, the Monday following is the holiday in lieu thereof.
Confidential Employees Association MOU 2008 -2010 8
Floating Holidays
On January 1 st of each year, each affected employee will be credited with ten
(10) hours leave for observance of Martin Luther King Day and ten (10) hours leave for
observance of Cesar Chavez Day, for a total of twenty (20) hours.
IC[.7t[im:Ti17
At the beginning of each calendar year, the City will determine how many of the
above stated set holidays fall on a Friday and /or Saturday. An employee will be
credited with an equivalent number of hours of holiday time ( "holiday bank "). The above
stated Floating Holidays will also be credited to the "holiday bank ".
The times during which an employee may take his /her holiday bank hours shall
be approved by the department head with due regard for the wishes of the employee
and for the needs of service. This leave shall be used in increments of the employee's
work schedule, e.g., 8, 9, 10 or 12 hours. Employees may also be permitted to take
Holiday leave in hourly increments. Employees may accumulate up to a maximum of
one hundred (100) hours of holiday bank time.
If an employee, because of business necessity, is not able to utilize excess
accrued holiday bank hours, upon written request to, and approval of the department
head, an employee will be paid for any excess hours over their maximum holiday bank
hnii irc acct ial. Each January 1 , such excess hounz Will be remnyerJ from the
employee's holiday bank hours accrual, calculated at their then straight time hourly rate
and placed in a holiday hours bank to be paid no later than June 30 of the same year.
If an employee separates employment from the City, and has used holiday bank
time prior to the occurrence of the actual holiday, he /she will have his /her vacation
bank, administrative leave and /or final paycheck reduced to reflect the excess holiday
bank time used.
If an employee separates employment from the City, and has not used any
eligible accrued holiday bank time, he /she will be paid for such eligible holiday bank
time at his /her straight time rate.
Salary
Effective July 1, 2004, a Seven Step Compensation Plan (5% between steps)
shall be adopted by the City Council and made a part hereof, and will be on file with the
Personnel /Risk Manager or designated representative(s). Such Compensation Plan
may be amended or revised at the discretion of the City Council subject to the meet and
confer process.
The unadjusted (the salary rate set forth in the City salary matrices — the rates
without adjustment for bonuses or any other benefits, including but not limited to the City
Confidential Employees Association MOU 2008 -2010 9
paid employee CalPERS contributions) base salary rates for classifications designated,
as Confidential Employees shall be increased as follows:
Effective the first payroll period commencing on or after July 1, 2008 — 2.5%
Effective the first payroll period commencing on or after July 1, 2009 — 2.5%
Eligibility for retroactive payment is conditioned upon the affected unit member
being employed by the City on the date of Council adoption of a 2008 -2010 MOU.
Life Insurance
The City will provide term life insurance in the face amount of $50,000 at the
City's expense.
Vision Plan Coverage
The City will provide a vision plan to all affected employees, and will contribute
up to a maximum premium cost of $32.12 per month. Any premium increase in excess
of $32.12 per month shall be absorbed by the employee.
Other Insurance
Effective during the payroll period Commencing June 30, 2007, the C.ity will
contribute to each employee a sum not to exceed the $950.00 /month towards benefits as
detailed in this section.
The employee is required to maintain a minimum coverage for him /her self in a
plan of their choice unless the employee can show proof they have adequate health
insurance coverage through another source. In instances where the employee's
medical insurance premium is less than the City's monthly contribution, such employee
will have an option to have the excess monies placed toward an existing benefit
program. These options include:
1. Placement in a City provided health insurance plan for two (2) party or family
coverage.
2. Placement in a City provided dental plan for self, two (2) party or family
coverage.
3. Placement spread over a combination of the options listed above.
4. Elect to receive any excess monies in cash, which will be considered as taxable
income, or
Confidential Employees Association MOU 2008 -2010 10
5. Elect to place the excess cash monies in a City provided deferred compensation
program.
Retirement
That the City will pay 100% of the employer's contribution to the Cal P.E.R.S.
retirement program and provide retirement benefits as currently specified under the
City's contract with the California Public Employees' Retirement System.
The City will continue to pay the current employee's contribution of seven percent
(7 %) of the employee's base salary to the Public Employees' Retirement System in
addition to the allocated percentages listed below for the increase to normal cost
(difference between 2% @ 55 and 2.7% @ 55 retirement formulas).
Effective July 1, 2005, the City will amend the City's contract with the Public
Employees' Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for
the Local Miscellaneous Employees and to incorporate employee shared participation
towards the contributions of said retirement benefit. The employee shared participation
of contributions shall be implemented as follows:
On July 1, 2005 — Employees will pay 100% of the 6.766% increase to normal
cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base
eninn/ The employee's cost :^.gill he reflected on the pax/ norinrl ending date of July 2,
r p
2005, pay date of July 7, 2005.
On July 1, 2006 — Employees will pay 5% and the City will pay 1.766% increase
to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of
their base salary. The employee's cost will be reflected on the pay period ending date
of July 1, 2006, pay date of July 6, 2006.
On June 30, 2007 — Employees will pay 3% and the City will pay 3.766%
increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement
formulas) of their base salary. The employee's cost will be reflected on the pay period
ending date of June 30, 2007, pay date of July 5, 2007.
All such employee contributions shall be deposited in the member's retirement
account.
Long -Term Disability
That the City will pay 100% of the employee premium toward a long -term
disability program as provided by the City of Baldwin Park. Effective March 1, 1993, the
plan will be amended to provide benefits commencing on the 31St day of non -work
Confidential Employees Association MOU 2008 -2010 11
related injury or illness, and employees will be eligible to receive a maximum benefit of
66 2/3 of their current base salary up to a maximum of $5,000 per month.
Effective July 1, 2007, the City shall pay an additional one hundred dollars
($100.00) per month to a person who is capable of speaking, reading, writing and /or
interpreting the languages of Spanish, Chinese, Japanese, Vietnamese, Tagalog and
signing. Determination of capability shall be made by qualifying tests established by the
City. Determination of which positions are eligible for bilingual pay shall be made by the
Executive Team.
Sick Leave Conversion Research
The City agrees to research CalPERS Section 20965, Credit for Unused Sick
Leave as another sick leave incentive. The City will share the results with members of
this unit no later than June 30, 2008.
Tuition Reimbursement
Effective the first payroll period commencing on or after July 1, 2008, Section 2.8
of the City Personnel Rules and Regulations shall be amended to provide that the
tuition reimbursement described therein shall allow for reimbursement eligibility for full
time sworn employees who have passed original probation in an amount not to exceed
$2innn, and that the reimbursement eligibility for full time non sworn police department 11- employees who have passed original probation shall be in an amount not to exceed
$1,500 per fiscal year.
Personnel Rule § 2.8 shall be concurrently amended to provide that tuition
reimbursement shall be allowed only as regards courses provided by an accredited
college or university and in a field in study reasonably related to the employee's duties
and which are deemed appropriate by the Executive Team.
Disciplinary Appeal Procedure
Written warnings /reprimands issued pursuant to Section 14 of the Personnel
Rules and Regulations shall not be subject to advisory arbitration. The final step of
administrative appeal shall be the Executive Team. An employee shall have the right to
attach a written rebuttal to any written warning /reprimand placed in his /her personnel
file.
Americans With Disabilities Act
Because the ADA requires accommodations for individuals protected under the
Act, and because these accommodations must be determined on an individual, case-
Confidential Employees Association MOU 2008 -2010 12
by -case basis, the parties agreed that the provisions of this Agreement may be set
aside in order for the City to avoid discrimination relating to hiring, promotion, granting
permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and
duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work
or other terms and privileges of employment.
The Confidential employees recognize that the City has the legal obligation to
meet with the individual employee to be accommodated before any adjustment is made
in working conditions. The Confidential employees will be notified of these proposed
accommodations prior to implementation by the City.
Any accommodation provided to an individual protected by the ADA shall not
establish a past practice, nor shall it be cited or used as evidence of a past practice in
the grievance procedure.
Prior to setting aside any provision of this Agreement in order to undertake
requirement accommodations for an individual protected by the Act, the City will provide
the Confidential employees with written notice of its intent to set aside the provision, and
will allow the Confidential Employees the opportunity to discuss options to setting aside
of any provision.
Alcohol and Drug Abuse Policy
Purpose
It is the purpose of this policy to eliminate substance abuse and its effects in the
workplace and to ensure that employees are in a condition to perform their duties safely
and efficiently, in the interests of their fellow workers and the public as well as
themselves.
Policy
It is the City's policy that employees shall not be under the influence of or in
possession of alcohol or drugs while on City's property, at work locations, or while on
duty; shall not utilize such substances when they have a reasonable expectation of call
in for duty; shall not possess, provide or sell illegal drugs to any other employees or to
any person while on duty; nor have their ability to work impaired as a result of the use of
alcohol or drugs.
While use of medically prescribed medications and drugs is not per se a violation
of this policy, the employee must notify his /her supervisor, before beginning work, when
taking medications or drugs (including the possible effects of taking such medication
and drugs) which could foreseeably interfere with the safe and effective performance of
duties or operation of equipment. In the event there is a question regarding an
employee's ability to safely and effectively perform assigned duties while using such
medications or drugs, clearance from their physician may be required.
Confidential Employees Association MOU 2008 -2010 13
The City is committed to providing a reasonable opportunity for rehabilitation for
those employees whose drug or alcohol problem classifies them as handicapped under
federal and /or state law.
Persons whose use of drugs or alcohol prohibits them from performing duties of
their position, or whose use constitutes a direct threat to property or the safety of others,
are not considered handicapped under federal or state law.
W•• •
This policy applies to all employees of the City of Baldwin Park. This policy
applies to alcohol and to all substances, drugs, or medications, legal or illegal, which
could impair an employee's ability to effectively and safely perform the functions of the
job.
Employee Responsibilities
An employee must:
1. Refrain from the use of, or possession of, illegal drugs or narcotics while on duty.
2. Not report to work while his /her ability to perform job duties is impaired due to
alcohol or drug use.
3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription
drugs without a prescription) during working hours or at anytime while on City
property.
4. Not directly or through a third party sell or provide illegal drugs to any person,
including any employee, while either employee or both employees are on duty.
5. Notify his /her supervisor, before beginning work, when having consumed alcohol
or when taking any medications or drugs, prescription or non - prescription, which
may interfere with the safe and effective performance of duties or operation of
equipment.
6. Report to their supervisor of any criminal drug statute conviction no later than five
(5) days after such conviction.
7. Report to the supervisor when they have knowledge of objective evidence other
employees may be under the influence of drugs or alcohol or engaging in illegal
drug related activities.
Confidential Employees Association MOU 2008 -2010 14
Employees who believe they may have an alcohol or drug usage problem are
urged to voluntarily seek confidential assistance through their medical plans or through
other resources available in their community. While the City will be supportive of those
who seek help voluntarily, the City will be equally firm in identifying and disciplining
those who continue to be substance abusers and do not seek help.
Management Responsibilities
1. Managers and supervisors are responsible for reasonable enforcement of this
policy.
2. Notify the affected contracting /granting agency within ten (10) days after
receiving notice of any conviction.
3. Prepare and distribute to all employees, a summary of available benefits through
the various health plans. Information to be distributed through the Personnel
Services Office.
4. To treat any cases where rehabilitation is recommended or already underway as
a medical situation, subject to current medical leave policies.
5. Extended time off, leave with or without pay, sick leave benefits and return to
work releases will be handled as for any other medical condition, unless there
are extenuating circumstances related to any pending corrective action.
6. To maintain strict confidentiality on all matters arising under the provisions of this
policy. Medical information, if necessitated, will be maintained by Personnel
Services in separate, secured files.
7. Information will only be shared where there is a bona fide "need to know" by
management in instances where referrals, rehabilitation, medical leaves, work
accommodation, discipline or other employment related decisions are affected.
8. As with all policies and procedures, any incident or situation requiring
management attention is expected to be given thorough and deliberate
consideration before any final action is taken, especially in disciplinary cases.
Decisions made on such cases under this policy will be subject to review by an
individual's department head, Executive Team and Personnel Officer.
Smoke Free Workplace
Section 18, of the Personnel Rules and Regulations, relating to smoking in the
City workplace will be amended to read as follows:
18.1 Purpose
Confidential Employees Association MOU 2008 -2010 15
The purpose of this policy is to set forth City Council direction in regard to
smoking by City employees in City facilities and to encourage non - smoking by City
employees in the workplace. This policy is necessary because such smoking is
recognized as a hazard to the health of smokers and non - smokers alike.
All employees must be aware of the provisions of City Council Ordinance No.
1232 which prohibits smoking by anyone in and around City -owned premises and public
parks and other recreational facilities.
City owned premises is defined as a building or site owned and occupied, or
leased and occupied, by the City of Baldwin Park for any municipal function, and
includes the entire site of the City -owned premises and all structures thereon. City
owned premises shall not include any public sidewalk adjacent to the site or City -
owned premises, nor any building owned in part by the Baldwin Park Redevelopment
Agency, which is also partly owned by private individuals or an Owner Participation
Agreement. City -owned premises include, but are not limited to, City Hall, the City
Yard, and the site occupied by the City Housing Authority.
Public Park means any park, roadside rest, or other site designated by the City of
Baldwin Park for any recreational purpose which is owned, managed or controlled by
the City, and includes the entire site of the public park, all structures thereon, and any
public sidewalk adjacent to that site. Public park includes, but is not limited to, the Julia
McNeill Senior Center, the Esther Snyder Community Center, Morgan Park, Barnes
Park, Hilda Solis Park, Walnut Creek Nature Park, and the Baldwin Park Teen Center
and Skate Park.
This policy governs all areas of city -owned buildings not considered to be public
access areas and not therefore, governed by Ordinance No. 1232. These areas would
include employee offices, rooms or hallways not normally open to the public, employee
lounges and kitchens, lunchrooms and employee break rooms, workstations, locker
rooms, city vehicles and other common employee areas.
Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe,
cigar or cigarette or any other device used for the burning of tobacco or other similar
combustible material, so that the person in possession thereof can inhale and exhale
the smoke therefrom.
18.2 Policy
Effective January 1, 1995, smoking in all areas of city -owned buildings and city -
owned vehicles, is prohibited. Should any dispute arise from this policy, it shall be
directed to the Executive Team.
18.3 Procedure
Confidential Employees Association MOU 2008 -2010 16
The Maintenance Division shall be responsible for posting and maintaining all
signs in accordance with the standards approved by the Executive Team. Signs in
private offices shall be the responsibility of the office occupant. "No Smoking" signs
shall be available from the Maintenance Division.
Those managers and supervisors closest to employee work sites are hereby
charged with the implementation of and compliance with this policy. The Executive
Team is ultimately responsible for such implementation and compliance.
The Human Resources Manager shall be responsible for updating this policy as
necessary and communicating this policy to all employees.
No person shall discharge, discipline or in any manner retaliate against any
employee because such employee exercises any rights afforded by this policy.
Limited Reopener
The purpose of this reopener shall be limited to proposed modifications in existing MOU
language. The reopener shall not result in any increase or decrease in compensation,
but shall be utilized to address any MOU ambiguities and /or non - compensation related
policies and procedures. The City shall provide written notice to the Association of its
intent to invoke this section, and a description of the precise language changes that are
proposed. City - proposed language changes shall not be implemented without
completion of the meet and confer process and as appropriate, completion of any
impasse - resolution procedures.
Confidential Employees Association MOU 2008 -2010 17
EXHIBIT A
LETTER OF INTENT
CITY OF BALDWIN PARK
MEMORANUDM OF UNDERSTANDING
2008-2010
The City of Baldwin Park and the Classified Confidential Employees Association agree
to the following during the term of this Memorandum of Understanding:
In accordance with Resolution Number 94 — 67 "A Resolution of the City Council
of the City of Baldwin Park establishing the reporting of the value of the employer
paid member contributions as compensation using the special compensation
approach (Government Code Section 20023 ( C ) ( 4 ):
The following is a statement of the change in reporting compensation to PERS:
"The City of Baldwin Park elected to pay 7% normal member contributions as
employer paid members contributions (EPMC) and report same percent to PERS
as compensation ".
Confidential Employees Association MOU 2008 -2010 18
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Memorandum of Understanding the day, month and year
noted.
BALDWIN PARK CONFIDENTIAL CITY OF BALDWIN PARK
EMPLOYEES ASSOCIATION
/Al
(!La ra Nieto, Representat0e
L11,6sa De a Tofre, Representative
Date
Vijay Singhal
Chief Executive Officer
Date
Confidential Employees Association MOU 2008-2010 19
[0111
ZE
Section 1 —Work Schedules
Experimental 4/10 Plan 3
Workday 4
Section 2 — Attendance and Leaves
Hours of Work 4
Overtime or Administrative Leave 4
Vacation 5
Sick Leave 6
Annual Sick Leave Incentive 7
Bereavement Leave 7
Military Leave 7
Jury Duty 7
Training/Conference Leave 8
Injury on Duty 8
Industrial Injury Benefits 8
Holidays 8
Floating Holidays 9
Holiday Bank 9
Section -,i — Direct Wage Payments
Salary — Seven Step Compensation Plan 9
Section 4 — Insurance/Supplemental Wage Payments
Life Insurance
10
Vision Plan Coverage
10
Other Insurance
10
Retirement
11
Long-Term Disability
11
Bilingual Pay
12
Sick Leave Conversion Research
12
Section 5 — Policies and Procedures
Tuition Reimbursement 12
Disciplinary Appeal Procedure 12
Americans with Disabilities Act 12
Alcohol and Drug Abuse Policy 13
Smoke Free Workplace 15
Limited Reopener 17
Exhibit "A" EPMC Reporting to CalPERS 18
Confidential Employees Association MOU 2008-2010 20
RESOLUTION NO. 2008 - 050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF BALDWIN PARK AND
THE PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION (PTEA)
YEARS 2008 - 2010
WHEREAS, the representatives of the City Council of the City of Baldwin Park have met and
conferred with duly authorized representatives of the Professional and Technical Employees
Association to make equitable adjustments to wages and other terms and conditions of employment,
and
WHEREAS, a Memorandum of Understanding prepared by said representatives has been
presented to the City Council for ratification, and
WHEREAS, a majority of the unit members from this group voted to approve the
Memorandum of Understanding.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE,
DETERMINE AND ORDER as follows:
SECTION 1. That this City Council does hereby approve and authorize the City of Baldwin
Park's Chief Executive Officer and Human Resources Manager to sign the "Memorandum of
Understanding between the Professional and Technical Employees Association and the City of
Baldwin Park" attached hereto as Exhibit A. The Memorandum of Understanding for employees
represented by the Professional and Technical Employees Association is hereby effective for the
period of July 1, 2008 through June 30, 2010.
SECTION 2. Resolutions or portions thereof in conflict hereby are hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall
forward a certified copy hereof to each Department Head and the Human Resources Manager.
PASSED AND APPROVED this 6th day of August, 2008.
Manuel Lozano
Mayor
Professional and Technical Employees Association MOU 2008-2010
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK I
1, LAURA NIETO, Acting Chief Deputy City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing Resolution was duly and regularly approved and adopted by the City
Council of the City of Baldwin Park at its regular meeting of the 6t" day of August 2008, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCILMEMBERS:
LAURA NIETO
ACTING CHIEF DEPUTY CITY CLERK
Professional and Technical Employees Association MOU 2008-2010 2
EXHIBIT A
CITY OF BALDWIN PARK
MEMORANDUM OF UNDERSTANDING
2008-2010
BY AND BETWEEN
THE BALDWIN PARK PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION
AND
THE CITY OF BALDWIN PARK
Preamble
The City of Baldwin Park, a municipal corporation, and the Baldwin Park Professional
and Technical Employees Association, a recognized employee organization, have been
meeting eeting and conferring cVl NNOLVl It vviti i Sectioi i �5vv et see{., of the Government Code and
have reached agreement as a result of such meetings.
It is the intent and purpose of the Memorandum to set forth the total and complete
understanding and agreement between the parties regarding wages, hours, and otherterms
and conditions of employment.
It is recognized the signatories to this Memorandum of Understanding and Agreement
representing the City and the Association that they, in accordance with Section 3505.1 of the
California Government Code, "...shall jointly prepare a written memorandum of such
understanding which shall not be binding, and present it to the governing body or its statutory
representative for determination ".
Professional and Technical Employees Association MOU 2008 -2010
Section 1 - Rights and Recognition
1.1 Recognition
In accordance with provisions of the Meyers - Milias -Brown Act of the State of
California and provisions of the Employer - Employee Relations Resolution No. 96 -51, the City
acknowledges the Baldwin Park Professional and Technical Employees Association as a
recognized employee organization for the purpose of meeting and conferring regarding
wages, hours and other terms and conditions of employment for those employees in certain
specified classifications referred to in Section 5 of Resolution No. 96 -51.
1.2 Duration of Memorandum
Except as may be otherwise specifically provided herein, the ordinances /resolutions
and other changes to implement this Memorandum shall become effective on July 1, 2008
and shall remain in effect through June 30, 2010.
This Memorandum shall in all respects be subject and subordinate to the provisions of
the Baldwin Park Municipal Code and statutory provisions of the Federal Government and
the State oil Callfor I lia ill effect at the time of tl le exeCu tl on of this 1VIe111orandUm.
1.3 Scope
The scope of representation shall include all matters relating to wages, hours and
other terms and conditions of employment, except however, that the scope of representation
shall not include consideration of the merits, necessity, or organization of any service or
activity provided by law or executive order; which shall include but not be limited to the right
of the City to: direct, supervise, hire, promote, suspend and retain employees; relieve
employees from duties because of lack of work or funds, or under conditions where the
employer determines continued work would be inefficient or non - productive; determines
services to be rendered, operations to be performed, utilization of technology, and overall
budgetary matters; determine the methods, processes, means, job classifications, and
personnel by which government operations are to be performed and conducted; determine
the overall mission of the unit of government; maintain and improve the efficiency and
effectiveness of government operations; take any necessary actions to carry out the mission
of the City in situations of emergency; and take whatever other actions may be necessary to
carry out the wishes of the public not otherwise specified above or by collective agreement.
Professional and Technical Employees Association MOU 2008 -2010 4
1.4 Non - discrimination
The provisions of the Memorandum shall be applied equally to all employees without
unlawful discrimination as to age, sex, marital status, race, color, ancestry, religious creed,
national origin, political affiliation or (when the nature of work permits) physical handicap.
Any violation of this by the recognized employee organization shall also be subject to
immediate correction and possible loss of recognition.
All references to employees in this Memorandum designate both sexes, and
whenever one gender is used it shall be construed to include both, where appropriate.
Consistent with Section 3502 of the California Government Code, the parties adhere
to the State law which provides that:
Except as otherwise provided by Legislature, public employees shall have the right to
form, join and participate in activities of employee organizations of their own choosing for the
purpose of representation on all matters of employer - employee relations. Public employees
also shall have the right to refuse to join or participate in the activities of employee
organizations and shall have the right to represent themselves individually in their
employment relations v✓ith the public agency. The City and +ho ASSOnio +;-- agree not to
v�� �u U V_ M �.Iuuvi I u
interfere with the aforesaid right.
1.5 Full Understanding, Modifications, and Waiver
It is intended that this Agreement sets forth the full and entire understanding of the
parties regarding the matters set forth herein, and any other prior or existing understanding
or agreement by the parties, whether formal or informal, regarding any such matters are
hereby superseded or terminated in their entirety.
Except as specifically provided herein, it is agreed and understood that both parties
voluntarily and unqualifiedly waive their right, and agree that the other party shall not be
required to negotiate with respect to any subject or matter covered herein during the term of
this agreement. Nothing contained herein shall preclude the parties from mutually agreeing
to meet and confer.
Any agreement, alteration, understanding, variation, waiver, or modification of any of
the terms or provisions contained herein shall not be binding upon the parties hereto unless
made and executed in writing by all parties hereto, and if required, approved and
implemented by the City Council.
The waiver of any breach, term or condition of this Agreement by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
Professional and Technical Employees Association MOU 2008 -2010
1.6 No Strike; No Lock Out
The Association agrees that neither the employees it represents, or any person acting
in concert with them, will cause, sanction, or take part in any strike, walkout, sitdown,
slowdown, stoppage of work, picketing, retarding of work, abnormal absenteeism,
withholding of services, or any other action against the City that would impede the proper
functioning of the City government at any time.
Violation of any provision of this Section by the Association shall be cause for the City
terminating this Agreement upon the giving of written notice to this effect to the President of
the Association, in addition to whatever other remedies may be available to the City at law or
in equity.
Violation of any of the provisions of this Section by an employee shall be just cause
for the imposition of disciplinary action up to and including termination, in addition to
whatever other remedies maybe available to the City at law or inequity. No employee shall
receive any portion of his or her regular salary or benefits while engaging in activity in
violation of this Section. The City agrees that it will not lock out any employee at any time.
1.7 Sa inng ('lni ma
This Memorandum of Understanding is subject to all applicable Federal, State and
City laws, ordinances, resolutions, and any lawful rules and regulations enacted by the City
Council. If any part of the provisions of this Memorandum of Understanding is in conflict or
inconsistent with such applicable provisions of Federal, State or City laws, ordinances,
resolutions, or is otherwise held to be invalid or unenforceable by any tribunal of competent
jurisdiction, such part or provisions shall be suspended and superseded by such applicable
law or regulations, and the remainder of this Memorandum of Understanding shall not be
affected thereby. The parties shall enter the Meet and Confer process immediately for the
purpose of arriving at a mutually satisfactory replacement of such part or provision.
Professional and Technical Employees Association MOU 2008 -2010 6
SECTION 2 - Fair Labor Standards Act Provisions
2.1 Compensatory Time - Designated Classifications
Although the following classifications are part of the Professional and Technical
Employees Association, for purposes of the Fair Labor Standards Act, they are designated
to only receive compensatory time.
Accountant
Accounting Supervisor
Assistant Planner
Associate Planner
Building Official
Engineering Assistant
Engineering Associate
Housing Programs Coordinator
Information Services Technician
Information Systems Supervisor
Plan Check Engineer
Prinrinal Planner
Program Supervisor
Senior Accountant
2.2 Work Period
The work period for all employees within the bargaining group shall be seven (7) days
in length commencing on Sunday, at 12:01 a.m.
2.3 Overtime
A. All employees, (except those designated to only receive compensatory time)
required to perform in excess of the standard work period of forty (40) hours in a seven (7)
day cycle shall receive compensation at the rate of time and one -half his/her base pay of
pay, plus bilingual pay.
B. In lieu of receiving cash payment for hours worked in excess of forty (40) hours
during the seven (7) day work period, an employee may elect the option of earning
compensatory time, and shall have a cap of eighty (80) hours placed on the accrual of
compensatory time off.
Professional and Technical Employees Association MOU 2008 -2010 7
C. Employees designated to only receive compensatory time shall have a cap of
eighty (80) hours placed on the accrual of the compensatory time off. Hours in excess of
eighty (80) shall receive compensation at the rate of time and one -half in accordance with
the overtime provisions of this MOU.
The times during which an employee may take his /her compensatory time shall be
approved by the department head with due regard for the wishes of the employee and for
the needs of the service.
On or before December 31 of each year, an employee shall reduce his /her accrued
compensatory time bank to forty (40) hours or less. Any time in excess of forty (40) hours
shall be paid at the employee's current straight time rate unless advance, written approval of
the employee's department head and the Chief Executive Officer is obtained to carry over all
or part of the excess of forty (40) hours.
Upon separation from City service, an employee shall be compensated for all accrued
compensatory time of eighty (80) hours or less at his /her straight time hourly base rate.
D. In determining an employee's eligibility for overtime compensation oraccrual of
compensatory time in a work period, paid leaves of absences and unpaid leaves of
absences shall be excluded from the total hours worked. Paid leave of absences include,
but are not limited to, the following:
Jury Duty Administrative Leave
Bereavement Leave Sick Leave
Military Leave Worker's Compensation Leave (IOD)
E. All overtime requests must have the prior written authorization of a supervisor
prior to the commencement of such overtime work. Where prior written authorization is not
feasible, explicit verbal authorization must be obtained. Where verbal authorization is
obtained, written authorization must be obtained as soon thereafter as practicable.
Dispatched calls beyond the end of duty time are considered as authorized.
An employee's failure to obtain prior written approval or explicit verbal authorization
followed by written authorization will result in the denial of the overtime request.
Professional and Technical Employees Association MOU 2008 -2010 8
F. Call back duty occurs when an employee is ordered to return to duty on a
non - regularly scheduled work shift. Call back does not occur when an employee is held over
from his /her prior shift or is working prior to his /her regularly scheduled shift. An employee
called back to duty shall be credited with a minimum of two (2) hours work commencing
one -half (1/2) hour before he /she reports to duty. Any hours worked in excess of two (2)
hours shall be credited on an hour for hour basis for actual time worked. Travel time shall
not be considered hours worked and shall not be compensated in any manner whatsoever.
However any time that involves driving after reporting to the work site will be compensable
under this Agreement. Call back duty hours will be compensated at a premium overtime
rate, irrespective of the total paid leave exclusion for the work period.
G. Work performed at the Baldwin Park Anniversary Parade, 4t" of July and
Community Picnic annual events will also be compensated at a premium overtime rate,
irrespective of the total paid leave exclusions for the work period.
Non - mandatory attendance at training schools /facilities, which improves the
performance of regular tasks and /or prepares for job advancement are not compensable for
hours in excess of the employee's normal work shift. Any time spent in excess of the normal
work shift will not be counted as working time and is not compensable in any manner
whatsoever.
Time spent in studying and other personal pursuits is not compensable hours of work,
even though the employee may be confined to campus twenty four (24) hours a day.
H. Travel time to and from the training facility outside an employee's normal work
shift is not compensable hours of work.
I. Employees may be provided with a locker for their own personal convenience.
An employee may or may not utilize the locker for storage and changing purposes at his /her
own discretion.
Time spent in changing clothes before or after a shift, or during lunch, is not
considered hours worked and is not compensable in any manner whatsoever.
SECTION 3 - Work Schedules
3.1 Experimental 4/10 Plan
The City agreed to implement an experimental 4/10 plan for all professional and
technical employees assigned to City Hall effective September 27, 1992 and for all
professional and technical employees assigned to the Community Center effective April 12,
1993. The City agreed to implement an experimental 9/80 plan for all employees assigned
to the Maintenance Facility effective April 12, 1993. The Professional & Technical
Professional and Technical Employees Association MOU 2008 -2010
Employees Association recognizes that the City may, at its sole discretion, end the 4/10 plan
at any time. The termination of such 4/10 plan or 9/80 plan is not subject to the grievance
process or any other administrative review. The Association recognizes that the 4/10 plan or
9/80 plan is not a vested right in any manner, and that the termination of such 4/10 plan or
9/80 plan is not subject to the meet and confer process or meet and consult process.
The Association further recognizes that the implementation of the 4/10 and /or 9/80
plan does not create any additional overtime obligation for the City under the Fair Labor
Standards Act.
The City may adjust employees work periods as necessary so that their forty (40)
hours of scheduled work does not overlap into another work period to avoid an overtime
obligation.
The City does agree however, that should either the 4/10 and /or 9/80 experimental
work schedule be terminated, that benefit levels /accruals and working conditions that were
modified to accommodate the alternate work schedule(s) will revert to the levels /accruals
and working conditions in existence prior to September 27, 1992 or April 12, 1993.
The Associatinn does agree, that as a result of the reorganization of the Public Works
Department, the positions of Public Works Operations Supervisor and Public Works
Inspector are now represented by the Association, and that these positions will be assigned
to a 9/80 schedule, whether assigned to the City Hall or the Maintenance Facility.
3.2 Workday
Employees working the 4/10 shall have a standard workday consisting of ten and
one -half (10 1/2) hours, nine hours and fifty minutes (9:50) of work time and forty (40)
minutes as a non -paid unrestricted meal period. Meal periods shall be in accordance with
department administrative guidelines.
Employees will be provided two (2) ten (10) minute rest breaks during the day, one
each approximately at the midpoint of each one -half workday. Rest time is not cumulative
beyond the half scheduled workday within which the break period occurs nor may it be used
to extend lunch or shorten the workday.
Employees working the 9/80 shall have a standard four (4) days consisting of nine
and one -half (9 1/2) hours, nine (9) hours of work time and thirty (30) minutes as a non -paid
unrestricted meal period. Employees shall have a standard fifth day consisting of eight and
one -half (8 1/2) hours, eight (8) hours of work time and thirty (30) minutes as a non -paid
unrestricted meal period.
Professional and Technical Employees Association MOU 2008 -2010 10
Employees will be provided two (2) fifteen (15) minute rest breaks during the day, one
each approximately at the midpoint of each one -half workday. Rest time is not cumulative
beyond the half scheduled workday within which the break period occurs nor may it be used
to extend lunch or shorten the workday.
Employees working the 5/40 shall have a standard workday consisting of nine (9)
hours, eight (8) hours of work time and one (1) hour as a non -paid unrestricted meal period.
Meal periods shall be in accordance with department administrative guidelines.
Employees will be provided two (2) fifteen (15) minute rest breaks during the day, one
each approximately at the midpoint of each one -half workday. Rest time is not cumulative
beyond the half scheduled workday within which the break period occurs nor may it be used
to extend lunch or shorten the workday.
SECTION 4 - Attendance and Leaves
4.1 Hours of Work
Employees assigned to a 4/10 work week shall normally work Monday through
Thursday, 7 :30 a.m. to 6 :00 p.m. however, employees may, work a flexihlP 4/10 plan
dependent upon their work assignment.
Employees assigned to a 9/80 work week shall normally work Monday through
Thursday, 6:30 a.m. to 4:00 p.m. and on each scheduled Friday shall work, 6:30 a.m. to 3:00
p.m. however, employees may work a flexible 9/80 plan dependent upon their work
assignment.
Employees assigned to a 5/40 workweek shall normally work Monday through Friday
and the actual hours worked will be dependent upon their work assignment.
4.2 Sick Leave
Sick leave shall accrue at the rate of 3.6923 hours on a biweekly basis and shall be
debited on an hourly basis.
Effective September 7, 1994, each eligible employee shall elect their maximum sick
leave hours accrual. Dependent upon the total number of currently accrued sick leave
hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900
hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a
higher level than their closest currently accrued sick leave hours, they may do so. The
maximum accrual elected by the eligible employee will be irrevocable.
Professional and Technical Employees Association MOU 2008 -2010 11
Once the election is made by the employee, such excess hours will be removed from
the employee's sick leave hours accrual, calculated at their then straight time hourly rate and
placed into a sick leave hours bank to be paid at no less than 50% of the total value nor
more than 75% of the total value, with the timing and methods of payment to be determined
by the City. This segment of the sick leave incentive program will remain open for
discussion with all affected employee groups until all details are finalized.
When an employee's service with the City is terminated for any reason, no
compensation shall be paid for the unused sick leave hours accrual bank.
Annual Sick Leave Incentive
Sick leave shall accrue on an hourly basis of eight (8) hours per month and shall be
debited on an hourly usage basis. Each January 1, eligible employees will commence to
accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900).
At the close of the calendar year, each eligible employee will receive 50% of the unused
portion of sick leave hours as compensation, calculated at their then straight time hourly
rate. Payment will be made at the next closest pay period.
4.3 Vacation
The general policy and accrual levels of vacation will be as set forth in Section 11.3 of the
Personnel Rules.
Employees will be entitled to utilize accrued vacation leave after completion of six (6)
months continuous employment with the City. Employees may be eligible to utilize accrued
vacation leave at an earlier time, upon written request to and approval of their department
head.
The times during which an employee may take his /her vacation leave shall be
determined by the department head with due regard for the wishes of the employee and for
the needs of the service.
Employees shall, each calendar year, be required to take a minimum of forty (40)
consecutive hours vacation leave. In addition, an employee may, with approval of the
department head use vacation leave in lesser increments during the calendar year.
Employees may accumulate up to a maximum of two (2) vacation periods in any one
calendar year for the purpose of a vacation leave with approval of the department head. A
vacation period is defined as the maximum amount of vacation leave accrued by an
employee in any calendar year, in accordance with the detailed accrual levels in Section
11.3 of the Personnel Rules.
Professional and Technical Employees Association MOU 2008 -2010 12
Effective July 3, 2005, the maximum accrual of vacation leave that may be
accumulated shall be as follows:
Employees having less than five (5) years of employment (vacation accrual =
96 hours per year), the maximum amount of vacation that may be
accumulated shall be 192 hours.
2. Employees having more than five (5) years but less than ten (10) years of
employment (vacation accrual = 120 hours per year), the maximum amount of
vacation that may be accumulated shall be 240 hours.
3. Employees having more than ten (10) years but less than fifteen (15) years of
employment (vacation accrual =144 hours per year), the maximum amount of
vacation that may be accumulated shall be 288 hours.
4. Employees having more than fifteen (15) years but less than twenty (20) years
of employment (vacation accrual =168 hours per year), the maximum amount
of vacation that may be accumulated shall be 336 hours.
5. Employees having more than twenty (20) years of employment (vacation
accrual = 192 hours per year), the maximum amount of vacation that may be
accumulated shall be 384 hours.
If an employee, because of business necessity, is not able to utilize excess accrued
vacation hours, upon written request to, and approval of the department head, an employee
will be given an extension in order to take his /her vacation. In cases where the employee
forfeits vacation leave time at the request of the City, upon approval of the Chief Executive
Officer or designated representative(s), said employee shall be compensated for forfeited
vacation leave time at the employee's current rate of pay. It is the employee's responsibility
to schedule vacation time well in advance to avoid forfeiting his or her vacation or to avoid
any conflicts.
Employees will be entitled to utilize accrued vacation leave after completion of six (6)
months continuous employment with the City. Employees may be eligible to utilize accrued
vacation leave at an earlier time, upon written request to and approval of their department
head.
The times during which an employee may take his /her vacation leave shall be
determined by the appointing authority with due regard for the wishes of the employee and
for the needs of the service.
Employees shall, each calendar year, be required to take a minimum of forty (40)
consecutive hours vacation leave. In addition, an employee may, with approval of the
Professional and Technical Employees Association MOU 2008 -2010 13
appointing authority and the Executive Team, use vacation leave in lesser increments during
the calendar year.
Employees may accumulate up to a maximum of two (2) vacation periods in any one
calendar year for the purpose of a vacation leave with approval of the appointing authority. A
vacation period is defined as the maximum amount of vacation leave accrued by an
employee in any calendar year, in accordance with Subsections (a), (b), (c), (d) and (e), as
stated above.
If an employee, because of business necessity, is not able to utilize excess accrued
vacation hours, upon written request to, and approval of the department head, an employee
may be paid for any excess hours over their maximum vacation hours accrual. Each
January 1, such excess hours will be removed from the employee's vacation hours accrual,
calculated at their then straight time hourly rate and placed into a vacation hours bank to be
paid no later than June 30 of the same year.
Employees will be notified on a quarterly basis of their current and potential maximum
vacation hours accrual for the calendar year to assist them in the reduction of excess
accrued vacation hours.
In the event a legal holiday falls during a vacation leave, such holiday shall not be
charged as vacation leave and the vacation leave shall be extended or credited accordingly.
Employees who separate from the service of the City shall be eligible to receive
compensation for all unused, accrued vacation leave.
For affected employees working a 4/10 -work schedule, the following days shall be
observed as holidays:
January 1 st; the third in Monday in February; the last Monday in May; July 4th; the
first Monday in September; November 11th; the fourth Thursday in November; December
24th; December 25th, and such other days as may be designated as holidays by motion of
the City Council.
If any of the foregoing holidays falls on a Friday or a Saturday, the holiday will not be
observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday,
the Monday following is the holiday in lieu thereof.
Floating Holidays
On January 1 of each year, each affected employee will be credited with ten (10)
Professional and Technical Employees Association MOU 2008 -2010 14
hours leave for observance of Martin Luther King Day and ten (10) hours leave, for a total of
twenty (20) hours.
Holidays
For affected employees working a 9/80 -work schedule, the following days shall be
observed as holidays:
January 1 st; the third in Monday in February; the last Monday in May; July 4th; the
first Monday in September; November 11th; the fourth Thursday in November; the day
following the fourth Thursday in November; December 24th; December 25th, and such other
days as may be designated as holidays by motion of the City Council.
If any of the foregoing holidays falls on a Friday or a Saturday, the holiday will not be
observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday,
the Monday following is the holiday in lieu thereof.
Floating Holidays
On January 1 of each year, each affected employee will be credited with nine (9)
hours leave for observance of Martin Luther King Day, and nine (9) hours leave, for a total of
eighteen (18) hours.
Holidays
For affected employees working a 5/40 -work schedule, the following days shall be
observed as holidays.
January 1 St; the third Monday in February; the last Monday in May; July 4th; the first
Monday in September; November 11 th, the fourth Thursday in November; the day after the
fourth Thursday in November; December 24th; December 25th, and such other days as may
be designated as holidays by motion of the City Council.
If any of the before mentioned holidays fall on a Saturday, the preceding Friday will
be the holiday in lieu thereof. If any of the holidays fall on a Sunday, the Monday following is
the holiday in lieu thereof.
Floating Holidays
Employees working a 5/40 plan will receive three (3) eight (8) hour days of floating
leave, for a total of 24 hours.
Professional and Technical Employees Association MOU 2008 -2010 15
4.5 Holiday Bank
At the beginning of each calendar year, the City will determine how many of the
above holidays fall on non - regularly scheduled work days, as determined by an employee's
assigned work schedule. An employee will be credited with an equivalent number of hours
of holiday time ( "holiday bank ").
The actual date for the use of such leave shall be subject to the approval of the
employee's department head. This leave shall be used in increments equivalent to the
employee's workday, i.e. 8, 9 or 10 hours. Employees may accumulate up to a maximum of
one hundred (100) hours of holiday bank time. However, upon implementation by the City of
accounting procedures and methods whereby use of holiday leave in increments of one (1)
hour or more can be reasonably documented, affected employees shall be provided the
option of using holiday leave in such amounts of time. Although the City shall endeavor in
good faith to institute such an accounting process, it shall remain the sole direction of the
City to determine when such a modified accounting process can be reasonably
implemented.
If an employee, because of business necessity, is not able to utilize excess accrued
holiday hank hours, upon written request to and aprpro_lal of the department head, an
employee may be paid for any excess hours over their maximum holiday bank hours
accrual. Each January 1, such excess hours will be removed from the employee's holiday
bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday
hours bank to be paid no later than June 30 of the same year.
If an employee separates employment from the City, and has used holiday bank time
prior to the occurrence of the actual holiday, he /she will have his /her vacation leave,
compensatory leave and /or final paycheck reduced to reflect the excess holiday bank time
used.
If an employee separates employment from the City, and has not used any eligible
accrued holiday bank time, he /she will be paid for such eligible holiday bank time at his /her
straight time rate.
4.6 Bereavement Leave
Each affected employee in the covered classifications shall receive the equivalent of
their workweek per incident, as needed, because of a death in their immediate family.
Immediate family shall mean and include only
Employee's: Spouse, Children, Brothers & Sisters, Parents, Grandparents, Step - children,
foster children, grandchildren, and State registered domestic partners.
Professional and Technical Employees Association MOU 2008 -2010 16
Spouses: Parents & Grandparents.
Said time will not be cumulative from one twelve month period to another nor will pay in lieu
of unused leave for bereavement is provided.
4.7 Military Leave
An employee granted military leave pursuant to Section 11.6 of the Personnel Rules
shall not be granted additional compensation when such leave extends beyond the
employees regularly scheduled workweek.
4.8 Jury Duty
An employee granted jury duty leave pursuant to Section 11.7 of the Personnel Rules
shall not be granted additional compensation when such leave extends beyond the
employees regularly scheduled workweek.
4.9 Training /Conference Leave
When an employee is scheduled to attend a conference or training program Monday
through Friday, his /her work hours will be 8:00 a.m. to 5:00 p.m., Monday through Friday, so
there is no issue that he /she is eligible for overtime while attending the conference or
training.
4.10 Iniury on Duty
Any employee who is injured within the scope of employment with the City will receive
workers compensation benefits as provided for underthe California Labor Code. While any
employee is on injury on duty (IOD) status, his /her work hours will be consistent with their
regular scheduled work shift, so there will not be an issue or conflict regarding said
employee's eligibility for overtime while receiving treatment or keeping doctor's
appointments.
4. 11 Industrial Iniury Benefits
This language shall supersede that language in City Personnel Rule Section 11.5
which applies to NON - SWORN /MISCELLANEOUS employees. Said Personnel Rule
language is superseded by this MOU provision and the applicable Personnel Rule language
is null and void.
Effective July 1, 2008, any non -sworn (non -peace officer) employee injured in the
course and scope of employment and whose injuries are subject to the Workers'
Professional and Technical Employees Association MOU 2008 -2010 17
Compensation laws of the State of California, shall be eligible to receive only those benefits
provided to non -sworn (non -peace officers) employees by the Workers' Compensation laws.
Effective July 1, 2008, any non -sworn (non -peace officer) employee receiving benefits
pursuant to superseded Personnel Rule Section 11.5, shall immediately cease receipt of the
benefits provided by the former Personnel Rule section, and shall receive only those
benefits provided to non -sworn (non -peace officer) employees by the Workers'
Compensation laws."
SECTION 5 - Direct Wage Payments
5.1 Salary
Effective July 1, 2004 a Seven Step Compensation Plan (5% between steps) shall be
adopted by the City council and made a part hereof, and well be on file with the
Personnel /Risk Manager or designated representative(s). Such Compensation Plan may be
amended or revised at the discretion of the City Council subject to the meet and confer
process.
The unadjusted (the salary rate set forth in the City salary matrices —the rates without
adjustment for bonuses or any other benefits, including but not limited to the City paid
employee CalPERS contributions) base salary rates for classifications designated, as
Professional and Technical Employees Association shall be increased as follows:
Effective the first payroll period commencing on or after July 1, 2008 — 2.5%
Effective the first payroll period commencing on or after July 1, 2009 — 2.5%
Eligibility for retroactive payment is conditioned upon the affected unit member being
employed by the City on the date of Council adoption of a 2008 -2010 MOU.
SECTION 6 - Insurances /Supplemental Wage Payments
6.1 Life Insurance
The City will provide term life insurance in the face amount of $50,000,
effective November 1, 2004.
6.2 Vision Plan Coverage
The City will provide a vision plan to all affected employees, and will contribute
up to a maximum premium cost of $32.12 per month. If the premium exceeds this amount,
then the employee shall be responsible to pay the difference in excess of $32.12.
Professional and Technical Employees Association MOU 2008 -2010 18
6.3 Health /Dental Insurances
Effective during the payroll period commencing January 2, 2005, the City will
contribute to each employee a sum not to exceed the following towards benefits as detailed
in this section.
January 2, 2005 through July 2, 2005 $700.00 /month
July 3, 2005 through July 1, 2006 $800.00 /month
July 2, 2006 through June 30, 2007 $900.00 /month
July 1, 2007 $950.00 /month
The employee is required to maintain a minimum coverage for him /her self in a health
plan of their choice. Unless the employee can show proof they have adequate health
insurance coverage through another source. In instances where the employee's health
insurance premium is less than the City's monthly benefit contribution such employee will
have an option to have the excess monies placed toward an existing benefit program.
These options include:
Placement in a City provided health insurance plan for two (2) party or family
coverage.
2. Placement in a City provided dental plan for self, two (2) party or family
coverage.
3. Placement spread over a combination of the options listed above.
4. Elect to receive any excess monies in cash, which will be considered as
taxable income.
6.4 Retirement
The City will pay 100% of the employer's contribution to the P.E.R.S. retirement
program and provide retirement benefits as currently specified under the City's contract with
the Public Employees' Retirement System.
The City will continue to pay the current employee's contribution of seven percent
(7 %) of the employee's base salary to the Public Employees' Retirement System in addition
to the allocated percentages as listed below for the increase to normal cost (difference
between 2% @ 55 and 2.7% @ 55 retirement formulas).
Effective July 1, 2005, the City will amend the City's contract with the Public
Employees' Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for the
Local Miscellaneous Employees and to incorporate employee shared participation towards
Professional and Technical Employees Association MOU 2008 -2010 19
the contributions of said retirement benefit. The employee's shared participation of
contributions shall be implemented as follows:
On July 1, 2005 — Employees will pay 100% of the 6.766% increase to normal cost
(difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. The
employee's cost will be reflected on the pay period ending date of July 2, 2005, pay date of
July 7, 2005.
On July 1, 2006 Employees will pay 5% and the City will pay 1.766% increase to
normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base
salary. The employee's cost will be reflected on the pay period ending date of July 1, 2006,
pay date of July 6, 2006.
On June 30, 2007 — Employees will pay 3% and the City will pay 3.766% increase to
normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base
salary. The employee's cost will be reflected on the pay period ending date of June 30,
2007, pay date of July 5, 2007.
All such employee contributions shall be deposited in the member's retirement
account,
6.5 Long -Term Disability
That the City will provide a long -term disability insurance program as set forth in the
plan on file in the Personnel Services Office. Effective March 1, 1003, the plan will be
amended to provide benefits commencing on the 31 st day of non -work related injury or
illness and employees will be eligible to receive a maximum benefit of 66 2/3% of their
current base salary up to a maximum of $5,000 per month. The plan is on file in the
Personnel Services Office.
• • i
Effective July 5, 2005, the City agrees to increase the bilingual pay amount from
seventy -five dollars ($75.00) to one hundred dollars ($100.00) per month to a person who is
capable of speaking, reading, writing and /or interpreting the languages of Spanish, Chinese,
Japanese, Vietnamese, Tagalog and Signing. Qualifying tests established by the City shall
make determination of capability. Re- testing of individuals will be required to determine
bilingual capability in the above stated languages. Only those individuals who score at the
level of "Good" or better will be eligible for Bi- lingual pay.
6.7 Deferred Compensation
The City currently offers two (2) established deferred compensation providers to its
Professional and Technical Employees Association MOU 2008 -2010 20
employees. Deferred compensation is a voluntary program wherein employees may willfully
contribute a portion of their salary to the program of their choice. Prior to any changes in the
current program /providers, the City agrees to meet in good faith with the PTEA as part of the
meet and confer process.
SECTION 7 - Policies and Procedures
7.1 Written Warnings /Reprimands
Written warnings /reprimands issued pursuant to Section 14 of the Personnel Rules
and Regulations shall not be subject to advisory arbitration. The final step of administrative
appeal shall be the Executive Team. An employee shall have the right to attach a written
rebuttal to any written warning /reprimand placed in his /her personnel file.
7.2 Dues Authorization
The City may deduct regular dues of employee members of the recognized employee
organization. Dues deduction shall be made only on the written authorization of the
employee. Dues deduction authorization may be canceled and the dues deduction
discontinued at any time by the employee upon voluntary written notice to the Personnel
Services Division.
7.3 Acting Pay
Section 4.4 of the Personnel Rules shall be modified by this agreement to provide
acting pay after twenty (20) continuous working days. All other provisions of Section 4.4
shall remain in their current form. This amendment of Section 4.4 shall apply only to the
members of the Professional and Technical Employees Association.
7.4 American's With Disability Act
Because the ADA requires accommodations for individuals protected under the Act,
and because these accommodations must be determined on an individual, case -by -case
basis, the parties agreed that the provisions of this Agreement may be set aside in order for
the City to avoid discrimination relating to hiring, promotion, granting permanency, transfer,
layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority,
leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of
employment.
The Association recognizes that the City has the legal obligation to meet with the
individual employee to be accommodated before any adjustment is made in working
conditions. The Association will be notified of these proposed accommodations prior to
implementation by the City.
Professional and Technical Employees Association MOU 2008 -2010 21
Any accommodation provided to an individual protected by the ADA shall not
establish a past practice, nor shall it be cited or used as evidence of a past practice in the
grievance procedure.
Prior to setting aside any provision of this Agreement in order to undertake required
accommodations for an individual protected by the Act, the City will provide the Association
with written notice of its intent to set aside the provision, and will allow the Association the
opportunity to discuss options to setting aside of any provision.
7.5 Alcohol and Drug Abuse Policy
Purpose
It is the purpose of this policy to eliminate substance abuse and its effects in the
workplace and to ensure that employees are in a condition to perform their duties safely and
efficiently, in the interests of their fellow workers and the public as well as themselves.
Policy
It is the City's policy that employees shall not be under the influence of or in
possession of alcohol or drugs while on City property, at work locations, or while on duty;
shall not utilize such substances when they have a reasonable expectation of call in for duty;
shall not possess, provide or sell illegal drugs to any other employee or to any person while
on duty; nor have their ability to work impaired as a result of the use of alcohol or drugs.
While use of medically prescribed medications and drugs is not per se a violation of
this policy, the employee must notify his /her supervisor, before beginning work, when taking
medications or drugs (including the possible effects of taking such medication and drugs)
which could foresee ably interfere with the safe and effective performance of duties or
operation of equipment. In the event there is a question regarding an employee's ability to
safely and effectively perform assigned duties while using such medications or drugs,
clearance from their physician may be required.
The City is committed to providing reasonable opportunity for rehabilitation for those
employees whose drug or alcohol problem classifies them handicapped under federal and /or
state law. Persons whose use of drugs or alcohol prohibits them from performing the duties
of their position, or whose use constitutes a direct threat to property or the safety of others,
are not considered handicapped under federal or state law.
.. . •
This policy applies to all employees of the City of Baldwin Park. This policy applies to
Professional and Technical Employees Association MOU 2008 -2010 22
alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an
employee's ability to effectively and safely perform the functions of the job.
Employee Responsibilities
An employee must:
Refrain from the use of, or possession of, illegal drugs or narcotics while on
d uty;
2. Not report to work while his /her ability to perform job duties is impaired due to
alcohol or drug use;
3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription
drugs without a prescription) during working hours or at anytime while on city
property;
4. Not directly or through a third party sell or provide illegal drugs to any person,
including any emplovee, while either employee or both employees are on duty;
5. Notify his /her supervisor, before beginning work, when having consumed
alcohol or when taking any medications or drugs, prescription or
non - prescription, which may interfere with the safe and effective performance
of duties or operation of equipment;
6. Report to their supervisor of any criminal drug statute conviction no later than
five (5) days after such conviction;
7. Report to the supervisor when they have knowledge of objective evidence that
other employees may be under the influence of drugs or alcohol or engaging
in illegal drug related activities.
Employees who believe they may have an alcohol or drug usage problem are urged
to voluntarily seek confidential assistance through their medical plans or through other
resources available in their community. While the City will be supportive of those who seek
help voluntarily, the City will be equally firm in identifying and disciplining those who continue
to be substance abusers and do not seek help.
Management Responsibilities
Managers and supervisors are responsible for reasonable enforcement of this
policy.
Professional and Technical Employees Association MOU 2008 -2010 23
2. Notify the affected contract/granting agency within ten (10) days after receiving
notice of any conviction.
3. Prepare and distribute to all employees, a summary of available benefits
through the various health plans. The information will be distributed through
the Personnel Services office.
4. To treat any cases where rehabilitation is recommended or already underway
as a medical situation, subject to current medical leave policies.
5. To maintain strict confidentiality on all matters arising under the provisions of
this policy. Medical information, if necessitated, will be maintained by
Personnel Services in separate, secured files.
6. Information will only be shared where there is a bona fide "need to know" by
management in instances where referrals, rehabilitation, medical leaves, work
accommodation, discipline or other employment related decisions are
affected.
7. As with all policies and procedures, any incident or situation requiring
management attention is expected to be given thorough and deliberate
consideration before any final action is taken, especially in disciplinary cases.
Decisions made on such cases under this policy will be subject to review by an
individual's department head, and Personnel Officer.
7.6 Smoke Free Workplace
Section 18, of the Personnel Rules and Regulations, relating to smoking in the City
workplace will be amended to read as follows:
18.1 Purpose
The purpose of this policy is to set forth City Council direction in regard to smoking by City
employees in City facilities and to encourage non - smoking by City employees in the work
place. This policy is necessary because such smoking is recognized as a hazard to the
health of smokers and non - smokers alike.
All employees must be aware of the provisions of City Council Ordinance No. 1232
which prohibits smoking by anyone in and around City -owned premises and public parks and
other recreational facilities.
City owned premises is defined as a building or site owned and occupied, or leased
Professional and Technical Employees Association MOU 2008 -2010 24
and occupied, by the City of Baldwin Park for any municipal function, and includes the entire
site of the City -owned premises and all structures thereon. City owned premises shall not
include any public sidewalk adjacent to the site or City -owned premises, nor any building
owned in part by the Baldwin Park Redevelopment Agency which is also partly owned by a
private individuals or Owner Participation Agreement. City -owned premises include, but are
not limited to, City Hall, the City Yard, and the site occupied by the City Housing Authority.
Public Park means any park, roadside rest, or other site designated by the City of
Baldwin Park for any recreational purpose which is owned, managed or controlled by the
City, and includes the entire site of the public park, all structures thereon, and any public
sidewalk adjacent to that site. Public park includes, but is not limited to, the Julia McNeill
Senior Center, the Esther Snyder Community Center, Morgan Park, Barnes Park, Hilda Solis
Park, Walnut Creek Nature Park, and the Baldwin Park Teen Center and Skate Park.
This policy governs all areas of city -owned buildings not considered to be public
access areas and not therefore, governed by Ordinance No. 1232. These areas would
include employee offices; rooms or hallways not normally open to the public, employee
lounges, and kitchens, lunchrooms and employee break rooms, workstations, locker rooms,
city vehicles and other common employee areas.
Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe, cigar
or cigarette or any other device used for the burning of tobacco or other similar combustible
material, so that the person in possession thereof can inhale and exhale the smoke there
from.
18.2 Policy (This policy will supersede the policy effective September 7, 1989)
Effective January 1, 1995, smoking in all areas of city -owned buildings and city -
owned vehicles is prohibited. Should any dispute arise from this policy, it shall be directed to
the Executive Team.
18.3 Procedure
The Maintenance Division shall be responsible for posting and maintaining all signs in
accordance with the standards approved by the Executive Team. Signs in private offices
shall be the responsibility of the office occupant. "No Smoking" signs shall be available from
the Maintenance Division.
Those managers and supervisors closest to employee worksites are hereby charged
with the implementation of and compliance with this policy. The Executive Team is
ultimately responsible for such implementation and compliance.
The Human Resources Manager shall be responsible for updating this policy as
necessary and communicating this policy to all employees.
Professional and Technical Employees Association MOU 2008 -2010 25
No person shall discharge, discipline or in any manner retaliate against any employee
because such employee exercises any rights afforded by this policy.
7.7 Layoff Policy
Notwithstanding the language contained in Section 13 of the Personnel Rules,
affected employees of this Association will be entitled to a minimum of three (3) months
health, dental and vision benefits paid for by the City, if a layoff process takes place.
7.8 Labor Management Health Insurance Committee
During the term of the MOU the parties agree to participate in meetings, the purpose
of which shall be to explore alternative health insurance plans and programs, which can
provide coverage equal to or greater than that, which is presently available, but at a cost to
both the City and the employee, which is less than the cost presently contributed by the City
and /or employee. The meetings shall not address issues regarding increased City funded
contributions to the employee of employer purchase of medical /health coverage. City
agrees to commence such meetings prior to the end of the first quarter of 2002.
7.9 Tiwitinn Reimhi impment
Effective the first payroll period commencing on or after July 1, 2008, Section 2.8 of
the City Personnel Rules and Regulations shall be amended to provide that the tuition
reimbursement described therein shall allow for reimbursement eligibility for full time sworn
employees who have passed original probation in an amount not to exceed $2,000, and that
the reimbursement eligibility for full time non sworn police department employees who have
passed original probation shall be in an amount not to exceed $1,500 per fiscal year.
Personnel Rule § 2.8 shall be concurrently amended to provide that tuition
reimbursement shall be allowed only as regards courses provided by an accredited college
or university and in a field in study reasonably related to the employee's duties and which
are deemed appropriate by the Executive Team.
7.10 Limited Reopener
The purpose of this reopener shall be limited to proposed modifications in existing
MOU language. The reopener shall not result in any increase or decrease in
compensation, but shall be utilized to address any MOU ambiguities and /or non -
compensation related policies and procedures. The City shall provide written notice to
the Association of its intent to invoke this section, and a description of the precise
language changes that are proposed. City- proposed language changes shall not be
implemented without completion of the meet and confer process and as appropriate,
completion of any impasse - resolution procedures.
Professional and Technical Employees Association MOU 2008 -2010 26
LETTER OF INTENT
CITY OF BALDWIN PARK
MEMORANUDM OF UNDERSTANDING
2008-2010
The City of Baldwin Park and the Professional and Technical Employees Association
(PTEA) agree to the following during the term of this Memorandum of Understanding:
In accordance with Resolution Number 94 — 67 "A Resolution of the City Council
of the City of Baldwin Park establishing the reporting of the value of the employer
paid member contributions as compensation using the special compensation
approach (Government Code Section 20023 ( C ) ( 4 ):
The following is a statement of the change in reporting compensation to PERS:
"The City of Baldwin Park elected to pay 7% normal member contributions as
employer paid members contributions (EPMC) and report same percent to PERS
as compensation ".
Professional and Technical Employees Association MOU 2008 -2010 27
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Memorandum of Understanding the day, month and year
noted.
p
Eliza e h Distante, Representative
Date
CITY OF BALDWIN PARK
Date
Professional and Technical Employees Association MOU 2008 -2010
i•
INDEX
Section 1 - Rights and Recognition
ME
1.1
Recognition 4
1.2
Duration of Memorandum 4
1.3
Scope 4
1.4
Non - discrimination 5
1.5
Full Understanding, Modifications, and Waiver 5
1.6
No Strike; No Lock Out 6
1.7
Savings Clause 6
Section 2 - Fair Labor Standards Act Provisions
2.1 Compensatory Time Designated Classifications 7
2.2 Work Period 7
2.3 Overtime 7
Section 3 - Work Schedules
3.1 Experimental 4/10 Plan
3.2 Workday
Section 4 - Attendance and Leaves
N
4.1
Hours of Work
11
4.2
Sick Leave
11
4.3
Vacation
12
4.4
Holidays (4/10 employees)
14
Floating Holidays (4/10 employees)
15
Holidays (9/80 employees)
15
Floating Holidays (9/80 employees)
15
Holidays (5/40 employees)
15
Floating Holidays (5/40 employees)
15
4.5
Holiday Bank
16
4.6
Bereavement Leave
16
4.7
Military Leave
17
4.8
Jury Duty
17
4.9
Training /Conference Leave
17
4.10
Injury on Duty
17
Professional and Technical Employees Association MOU 2008 -2010 1 29
mm
4.11 Industrial Injury Benefits 17
Section 5 - Direct Wage Payments
5.1 Salary 18
Section 6 - Insurances /Supplemental Wage Payments
6.1
Life Insurance
18
6.2
Vision Plan Coverage
18
6.3
Health /Dental Insurances
18
6.4
Retirement
19
6.5
Long -Term Disability
20
6.6
Bilingual Pay
20
6.7
Deferred Compensation
2Q
Section 7 - Policies and Procedures
7.1
Written Warnings /Reprimands
21
7.2
Dues Authorization
21
7.3
Acting Pay
21
7.4
American's With Disabilities Act
21
7.5
Alcohol and Drug Abuse Policy
22
7.6
Smoke Free Workplace
24
7.7
Layoff Policy
26
7.8
Labor Management Health Insurance Committee
26
7.9
Tuition Reimbursement
26
7.10
Limited Re- Opener
26
Exhibit "A" EPMC Reporting to CalPERS 27
INDEX 29 -30
Professional and Technical Employees Association MOU 2008 -2010 30
RESOLUTION NO. 2008 - 051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK
AND THE GENERAL UNIT OF CLERICAL EMPLOYEES
ASSOCIATION (CEA)
YEARS 2008 - 2010
WHEREAS, the representatives of the City Council of the City of Baldwin Park have
met and conferred with duly authorized representatives of the General Unit of Clerical
Employees Association to make equitable adjustments to wages and other terms and
conditions of employment, and
WHEREAS, a Memorandum of Understanding prepared by said representatives has
been presented to the City Council for ratification, and
WHEREAS, a majority of the unit members from this group voted to approve the
Memorandum of Understanding.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. That this City Council does hereby approve and authorize the City of
Baldwin Park's Chief Executive Officer and Hurnan Resources ivlanager to sign the
"Memorandum of Understanding between the General Unit of Clerical Employees
Association and the City of Baldwin Park" attached hereto as Exhibit A. The Memorandum
of Understanding for employees represented by the General Unit of Clerical Employees
Association is hereby effective for the period of July 1, 2008 through June 30, 2010.
SECTION 2. Resolutions or portions thereof in conflict hereby are hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and
shall forward a certified copy hereof to each Department Head and the Human Resources
Manager.
PASSED AND APPROVED this 6'" day of August, 2008.
Manuel Lozano
Mayor
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK I
1, LAURA NIETO, Acting Chief Deputy City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing Resolution was duly and regularly approved and adopted
by the City Council of the City of Baldwin Park at its regular meeting of the 17th day of
October 2007, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCILMEMBERS:
LAURA 1`1411 E T 0
ACTING CHIEF DEPUTY CITY CLERK
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008-2010 2
CITY OF BALDWIN PARK
MEMORANDUM OF UNDERSTANDING
2008 -2010
BY AND BETWEEN
THE GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION
AND
THE CITY OF BALDWIN PARK
This Memorandum of Understanding has been prepared pursuant to Government
Code Sections 3500 through 3570 as amended, which is generally referred to as the
Meyers - Milias -Brown Act.
This agreement has been developed as a result of the requests of the General Unit
of Clerical Employees Association. The items in this agreement are subject to the
approval of the City Council of the City of Baldwin Park and will be placed into effect upon
the adoption of the necessary ordinances, resolutions or motions by the City Council, if
acceptable to them, in accordance with the terms and conditions hereinafter set forth.
The parties agree that the provisions contained herein shall be subject to all
applicable laws and covers the period of July 1, 2008 through June 30, 2010, unless
otherwise provided.
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 3
Section 1 - Rights and Recognition
Recognition
The City hereby recognizes the General Unit of Clerical Employees Association as
the representative of the employee representation unit consisting of the classifications set
forth in Section 5(c) of Resolution No. 98 -45.
Management Rights
All management rights and functions except those which are clearly and expressly
limited in this Memorandum of Understanding shall remain vested exclusively in the City. It
is expressly recognized merely by way of illustration and not by way of limitation that such
rights and functions include, but are not limited to:
1. Manage the City.
2. Schedule working hours.
3. Establish, modify or change work schedules or standards.
4. Institute changes in procedures.
5. Direct the work force, including the right to hire, promote, demote, transfer,
suspend, discipline or discharge any employee.
6. Determine the location of any new facilities, buildings, departments, divisions,
or subdivisions thereof, and the relocation, sale, leasing or closing of
facilities, departments, or subdivisions thereof.
7. Determine services to be rendered.
8. Determine the layout of buildings and equipment and materials to be used
therein.
9. Determine processes, techniques, methods, and means of performing work.
10. Determine the size, character and use of inventories.
11. Determine financial policy including accounting procedures.
12. Determine the administrative organization of the system.
13. Determine selection, promotion, or transfer of employees.
14. Determine the size and characteristics of the work force.
15. Determine the allocation and assignment of work to employees.
16. Determine policy affecting the selection of new employees.
17. Determine the establishment of quality and quantity standards and the
judgment of quality and quantity of work required.
18. Determine administration of discipline.
19. Determine control and use of City property, materials and equipment.
20. Schedule work periods and determine the number and duration of work
periods.
21. Establish, modify, eliminate or enforce rules and regulations.
22. Place work with outside firms.
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 4
23. Determine the kinds and numbers of personnel necessary.
24. Determine the methods and means by which such operations are to be
conducted.
25. Require employees, where necessary, to take in- service training courses
during working hours.
26. Determine duties to be included in any job classification.
27. Determine the necessity of overtime and the amount of overtime required.
28. Take any necessary action to carry out the mission of the City in cases of
an emergency.
29. Prescribe a uniform dress to be worn by designated employees.
The exercise of the foregoing powers, rights, authority, duties and responsibilities by
the City, the adoption of policies, rules, regulations and practices in furtherance thereof,
and the use of judgment and discretion in connection therewith, shall be limited only by the
specific and express terms of this contract, and then only to the extent such specific and
express terms are in conformance with law.
Any dispute arising out of or in any way connected with either the existence of or the
exercise of any of the above - described rights of the City is not subject to the grievance
provision unless such dispute is otherwise grievable under another Article of this
agreement
Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the exercise of management's
rights shall impact on employees in the bargaining unit, the City agrees to meet and confer
with representatives of the Association, upon request by the Association, regarding the
impact of the exercise of such rights, unless the matter of the exercise of such rights is
provided for in this Memorandum of Understanding or in Personnel Rules and Salary
Resolutions.
Association Stewards
Functions and Responsibilities of Stewards
The City agrees to grant reasonable access to employee work locations of officially
designated stewards for the purpose of processing grievances in accordance with this
Memorandum of Understanding. Each steward, upon notification to his /her immediate
supervisor, may be permitted to leave his /her regular work location during working hours,
for reasonable periods of time to perform the following functions with pay:
1. To represent to a supervisor, a request for a grievance which the steward has
been requested by any employee, or group of employees, to present to such a supervisor.
2. Investigate any request for adjustment of grievance in the steward's division,
and present such request for adjustment to the supervisor of the employee who initiated
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 5
the grievance request.
3. Attend meetings with management when the steward's presence is
necessary to present the grievance for adjustment.
Steward Appointments
1. The Association may be represented by one Shop Steward in each of the
following areas:
a. City Hall (One (1) Representative)
2. The Association agrees that only one steward may represent an employee at
one time.
3. Stewards shall be selected in such a manner as the Association may
determine.
4. The Association shall notify the City in writing of the names of all stewards
who are authorized to represent the employees in the bargaining unit.
Job Safety by Steward
No steward shall leave his/her job or area of assignment while his/her presence is
necessary for the safe and effective operation of his/her job; the determination to be made
by the steward's immediate supervisor or appointing authority.
Each steward shall report to his/her supervisor the time leaving his/her work location
to perform such duties as set forth herein. The steward shall report to the supervisor
immediately upon completion of these duties.
Management Responsibility
When the presence of a steward is desired by an employee, or group of employees,
for the presentation, investigation, and/or adjustment of a grievance and/or dispute, the
employee or group of employees shall make a request to their immediate supervisor. The
supervisor shall arrange for a steward to be present as soon as possible, consistent with
safe and efficient operating requirements.
Notification of Other Supervisors
Prior to entering any area in the fulfillment of their duties set forth herein, the
steward shall notify the supervisor of that area of his/her presence and the reason for
his/her business in that area.
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008-2010 6
Discrimination
1. The City agrees that steward shall not be hindered, coerced, restrained or
interfered with in the performance of their duties and responsibilities provided in the
Memorandum of Understanding.
2. The Association understands and agrees that each steward is employed to
perform full -time work for the employer and that each steward will not leave his /her work
location during working hours, unless he /she gains permission from his /her immediate
supervisor.
3. The Association and the employer agree hereto that each will cooperate with
the other and reduce to a minimum the actual time spent by stewards in the performance
of their duties under this Memorandum of Understanding.
Savings Clause
This Memorandum of Understanding is subject to all applicable Federal, State and
City laws, ordinances, resolutions, and any lawful rules and regulations enacted by the City
Council. If any part or provision(s) of this Memorandum of Understanding is in conflict or
inconsistent with such applicable provision(s) of Federal, State or City laws, ordinances,
�. .a:_.., .�, L. 4._ 1:' t_..__.. L.I.. by any ib .nal of
lutions, or is otherwise ieiwise i ieid to ue iiivanu or ianeiiii�i�Cauic by any tribunal iai �i competent
resolutions,
jurisdiction, such part or provision(s) shall be suspended and superseded by such
applicable law or regulations, and the remainder of this Memorandum of Understanding
shall not be affected thereby. The parties shall enter the Meet and Confer process
immediately for the purpose of arriving at a mutually satisfactory replacement of such part
or provision.
No Strike - No Lockout
A. Prohibited Conduct
Section 1. The Association, its officers, agents, representatives and /or
members agree that during the term of this agreement, or until such time as impasse
procedures, if any, are completed, they will not cause or condone any strike, walkout,
slowdown, sickout, or any other job action by withholding or refusing to perform service.
Section 2. The City agrees that it shall not lock out its employees during
the term of this agreement. The term "lockout" is hereby defined so as not to include the
discharge, suspension, termination, layoff, failure to recall, or failure to return to work of
employees of the City in the exercise of its rights as set forth in any of the provisions of this
agreement or applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in
Section 1 above may be subject to termination by the City.
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 7
Section 4. In addition to any other lawful remedies or disciplinary actions
available to the City, if the Association fails, in good faith to perform all responsibilities
listed below in Section 1, Association Responsibility, the City may suspend any and all of
the rights, privileges, accorded to the Association under the Employee Relations
Resolution, this Memorandum of Understanding, including, but not limited to, suspension of
recognition of the Association, grievance procedure, right of access, check -off, the use of
the City's bulletin boards, and facilities.
B. Association Responsibility
Section 1. In the event that the Association, its officers, agents,
representatives, or members engage in any of the conduct prohibited in Section 1 above,
Prohibited Conduct, the Association or its duly authorized representatives shall
immediately instruct any persons engaging in such conduct that their conduct is in violation
of this Memorandum of Understanding and unlawful, and they should immediately cease
engaging in conduct prohibited in Section 1 above, Prohibited Conduct and return to work.
They themselves must also return to work.
Section 2. If the Association performs all of the responsibilities set forth in
Section 1 above, its officers, agents, and representatives shall not be liable for damages
for prohibited conduct performed by employees who are covered by this agreement in
violation of Section 1 above.
Full Understandina. Modifications and Waiver
It is intended that this agreement sets forth the full and entire understanding of the
parties regarding the matters set forth herein, and any other prior or existing understanding
or agreements by the parties, whether formal or informal, regarding any such matters are
hereby superseded or terminated in their entirety.
Except as specifically provided herein, it is agreed and understood that the
Association voluntarily and unqualifiedly waives its rights, and agrees that the City shall not
be required to negotiate with respect to any subject or matter covered herein during the
term of this agreement. Nothing contained herein shall preclude the parties from mutually
agreeing to meet and confer.
Any agreement, alteration, understanding, variation, waiver, or modification of any of
the terms or provisions contained herein shall not be binding upon the parties hereto
unless made and executed in writing by all parties hereto, and if required, approved and
implemented by the City Council.
The waiver of any breach, term or condition of this agreement by either party shall
not constitute a precedent in the future enforcement of all its terms and provisions.
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 8
Section 2 - Fair Labor Standards Act Provisions
Work Period
The work period for all employees within the bargaining group shall be seven (7)
days in length commencing on Sunday, June 16, 1985 at 12:01 a.m.
Overtime
A. All employees, required to perform in excess of the standard work period of
forty (40) hours in a seven (7) day cycle shall receive compensation at the rate of time and
one -half his /her regular rate of pay. The regular rate of pay shall include bilingual pay.
0
B. In lieu of receiving cash payment for hours worked in excess of forty (40) hours
during the seven (7) day work period, an employee may elect the option of earning
compensatory time, and shall have a cap of forty (40) hours placed on the accrual of
compensatory time off.
The time during which an employee may take his /her compensatory time shall be
approved by the appointing authority with due regard for the wishes of the employee and
for the needs of the service.
Upon separation from City service, an employee shall be compensated for all
accrued compensatory time of forty (40) hours or less at his /her straight time hourly base
rate.
C. In determining an employee's eligibility for overtime compensation in a work
period, paid leaves of absences and unpaid leaves of absences shall be excluded from the
total hours worked. Paid leave of absences include, but are not limited to, the following:
Vacation Sick Leave
Jury Duty Administrative Leave
Bereavement Leave Compensatory Leave
Military Leave Worker's Compensation Leave
Holiday Leave
D. All overtime requests must have the prior written authorization of a supervisor
prior to the commencement of such overtime work. Where prior written authorization is not
feasible, explicit verbal authorization must be obtained. Where verbal authorization is
obtained, written authorization must be obtained as soon thereafter as practicable.
Dispatched calls beyond the end of duty time are considered as authorized.
An employee's failure to obtain prior written approval, or explicit verbal authorization
followed by written authorization, will result in the denial of the overtime request.
Employees are cautioned not to spend excessive amounts of time at their work
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 9
station before or after their normal work period or during their meal breaks. Meal breaks
should be taken away from the employee's workstation. This incidental time will not be
compensated in any manner whatsoever unless prior authorization of a supervisor is
obtained.
E. Non - mandatory attendance at training schools /facilities which improves the
performance of regular tasks and /or prepares for job advancement are not compensable
for hours in excess of the employee's normal work shift. Any time spent in excess of the
normal work shift will not be counted as working time and is not compensable in any
manner whatsoever. Time spent in studying and other personal pursuits is not
compensable hours of work, even though the employee may be confined to campus twenty
four (24) hours a day.
Travel time to and from the training facility outside of an employee's normal work
shift is not compensable hours of work.
Section 3 - Work Schedules
Exaerimental Alternative Work Schedules
The City agreed to implement an experimental 4/10 plan for all employees assigned
to City Hall effective September 27, 1992. The City agreed to implement an experimental
9/80 plan for all employees assigned to the Maintenance Facility effective April 12, 1993.
The Association recognizes that the City may, at its sole discretion, end the 4/10
and /or 91,80 plan upon reasonable notification to the Association. The termination of such
plan(s) is not subject to the grievance process or any other administrative review. The
Association recognizes that the 4/10 and /or 9/80 plan is not a vested right in any manner,
and that the termination of such 4/10 and /or 9/80 plan is not subject to the meet and confer
process or meet and consult process.
The Association further recognizes that the implementation of the 4/10 and /or 9/80
plan does not create any additional overtime obligation for the City under the Fair Labor
Standards Act.
The City may adjust employees work periods as necessary so that their forty (40)
hours of scheduled work does not overlap into another work period to avoid an overtime
obligation.
The City does agree however, that should 9/80 experimental work schedule be
terminated, that benefit levels /accruals and working conditions that were modified to
accommodate the alternate work schedule(s) will revert to the levels /accruals and working
conditions in existence prior to September 27, 1992.
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 10
Workday - Clerical Employees
City Hall
Employees assigned to City Hall shall have a standard workday consisting of ten
and one -half (10 1/2) hours, nine hours and fifty minutes (9:50) of work time and forty (40)
minutes as a non -paid unrestricted meal period.
Employees will be provided two (2) ten (10) minute rest breaks during the day, one
each approximately at the midpoint of each one -half workday. Rest time is not cumulative
beyond the half scheduled workday within which the break period occurs nor may it
be used to extend lunch or shorten the workday.
Maintenance Facility
Employees assigned to the Maintenance Sections shall have a standard Monday
through Thursday workday consisting of nine and one -half (9 1/2) hours, nine (9) hours of
work time and thirty (30) minutes as a non -paid unrestricted meal period. Employees shall
have a standard Friday workday consisting of eight and one -half (8 1/2) hours, eight (8)
hours of work time and thirty (30) minutes as a non -paid unrestricted meal period.
Employees will be provided two (2) fifteen (15) minute rest breaks during the day,
one each approximately at the midpoint of each one -half workday. Rest time is not
cumulative beyond the half scheduled workday within which the break period occurs nor
may it be used to extend lunch or shorten the workday.
Section 4 - Attendance and Leaves
Hours of Work
City Hall and Housing Facility
Employees assigned to a 4/10 work week shall normally work Monday through
Thursday, 7:30 a.m. to 6:00 p.m., however, employees may work a flexible 4/10 plan
dependent upon their work assignment.
Maintenance Facili
Employees assigned to a 9/80 work week shall normally work Monday through
Thursday, 6:30 a.m. to 4:00 p.m. and on each scheduled Friday shall work, 6:30 a.m. to
3:00 p.m., however, employees may work a flexible 9/80 plan dependent upon their work
assignment.
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 11
Sick Leave
Effective October 1, 1994, each eligible employee shall elect their maximum sick
leave hours accrual. Dependent upon the total number of currently accrued sick leave
hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900
hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at
a higher level than their closest currently accrued sick leave hours, they may do so. The
maximum accrual elected by the eligible employee will be irrevocable.
Once the election is made by the employee, such excess hours will be removed
from the employee's sick leave hours accrual, calculated at their then straight time hourly
rate and placed into a sick leave hours bank to be paid at no less than 50% of the total
value nor more than 75% of the total value, with the timing and methods of payment to be
determined by the City.
When an employee's service with the City is terminated for any reason, no
compensation shall be paid for the unused sick leave hours accrual bank.
Annual Sick Leave Incentive
Sick leave shall accrue on an hourly basis of eight (8) hours per month and shall be
debited on an hourly basis. Each January 1, eligible employees will commence to accrue
sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the
close of the calendar year, each eligible employee will receive 50% of the unused portion
2 1. leave 1• 1.. .1_i_ 1 lI__... then hourly 1
of sick- leave hours as compensation, calculated at heir then straight time hourly rate.
Payment will be made at the next closest pay period.
Vacation
All affected employees shall accrue vacation leave in accordance with the following:
a. Employees having less than five (5) years service with the City: 8 hours per
calendar month actually worked.
b. Employees having more than five (5) years but less than ten (10) years
service with the City: 10 hours per calendar month actually worked.
C. Employees having more than ten (10) years but less than fifteen (15) years
service with the City: 12 hours per calendar month actually worked.
d. Employees having more than fifteen (15) years but less than twenty (20)
years service with the city: 14 hours per calendar month actually worked.
e. Employees having over twenty (20) years service with the City: 16 hours per
calendar month actually worked.
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 12
Employees will be entitled to utilize accrued vacation leave after completion of six
(6) months continuous employment with the City. Employees may be eligible to utilize
accrued vacation leave at an earlier time, upon written request to and approval of their
department head.
The times during which an employee may take his /her vacation leave shall be
determined by the department head with due regard for the wishes of the employee and for
the needs of the service.
Employees shall, each calendar year, be required to take a minimum of forty (40)
consecutive hours vacation leave. In addition, an employee may, with approval of the
department head use vacation leave in lesser increments during the calendar year.
Employees may accumulate up to a maximum of two (2) vacation periods in any one
calendar year for the purpose of a vacation leave with approval of the department head. A
vacation period is defined as the maximum amount of vacation leave accrued by an
employee in any calendar year, in accordance with Subsections (a), (b), (c), (d) and (e), as
stated above.
If an employee, because of business necessity, is not able to utilize excess accrued
vacation hours, upon written request to, and approval of the department head, an
employee may be paid for any excess hours over their maximum vacation hours accrual.
Each January 1, such excess hours will be removed from the employee's vacation hours
accrual, calculated at their then straight time hourly rate and placed into a vacation hours
bank to be paid no later than June 30 of the same year.
Employees will be notified on a quarterly basis of their current and potential
maximum vacation hours accrual for the calendar year to assist them in the reduction of
excess accrued vacation hours.
In the event a legal holiday falls during a vacation leave, such holiday shall not be
charged as vacation leave, and the vacation leave shall be extended or credited
accordingly.
Employees who separate from the service of the City shall be eligible to receive
compensation for all unused, accrued vacation leave.
Clerical Employees Assigned to the 4/10 Work Schedule
The following days shall be observed as holidays:
January 1 st; the third Monday in February; the last Monday in May; July 4th; the first
Monday in September; November 11 th; the fourth Thursday in November; December 24th;
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 13
December 25th, and such other days as may be designated as holidays by motion of the
City Council.
If any of the foregoing holidays falls on a Friday or a Saturday, the holiday will not be
observed on the preceding Wednesday or Thursday. If any of the holidays fall on a
Sunday, the Monday following is the holiday in lieu thereof.
Clerical Employees Assigned to the 9/80 Work Schedule
The following days shall be observed as holidays:
January 1 st; the third Monday in February; the last Monday in May; July 4th; the first
Monday in September; November 11 th; the fourth Thursday in November; the day following
the fourth Thursday in November; December 24th; December 25th, and such other days as
may be designated as holidays by motion of the City Council.
If any of the foregoing holidays falls on a Saturday, the holiday will not be observed
on the preceding Friday. If any of the holidays fall on a Sunday, the Monday following is
the holiday in lieu thereof.
Floatina Holidays
City Hall
On January 1 of each year, each affected employee will be credited with two (2) ten
(10) hours of leave for a total of twenty (20' ) hours.
Maintenance Employees on a 9/80 Work Schedule
On January 1 of each year, each affected employee will be credited with two (2)
nine (9) hours of leave for a total of eighteen (18) hours.
1-ne i:m: Ti17
At the beginning of each calendar year, the City will determine how many of the
above holidays fall on non - regularly scheduled work days, as determined by an employee's
assigned work schedule. An employee will be credited with an equivalent number of hours
of holiday time ( "holiday bank "). On a 9/80 work schedule, an employee's assigned work
schedule will determine their "Friday ". "Fridays" are computed as an eight (8) hour work
day. In the event of a holiday falling on a "Friday ", an employee will be credited with one
(1) hour of holiday time ( "holiday bank ").
The actual date for the use of such leave shall be subject to the approval of the
employee's department head. For employees working a 4/10 work schedule this leave
shall be used in increments of ten (10) hours. For employees working a 9/80 work
schedule this leave shall be used in increments equivalent to the work day being requested
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 14
for time off, i.e., a standard nine (9) hour work day or a "Friday" eight (3) hour work day.
However, upon implementation by the City of accounting procedures and methods
whereby use of holiday leave in increments of one (1) hour or more can be reasonable
documented, affected employees shall be provided the option of using holiday leave in
such amounts of time. Although the City shall endeavor in good faith to institute such an
accounting process, it shall remain in the sole discretion of the City to determine when
such a modified accounting can be reasonable implemented.
Employees may accumulate up to a maximum of one hundred (100) hours of
holiday bank time.
If an employee, because of business necessity, is not able to utilize excess accrued
holiday bank hours, upon written request to, and approval of the department head, an
employee may be paid for any excess hours over their maximum holiday bank hours
accrual. Each January 1, such excess hours will be removed from the employee's holiday
bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday
hours bank to be paid no later than June 30 of the same year.
if an employee separates employment from the City, and has used holiday bank
time prior to the occurrence of the actual holiday, he /she will have his /her vacation leave
and /or final paycheck reduced to reflect the excess holiday bank time used.
If an employee separates employment from the City, and has not used any eligible
accrued holiday bank time, he /she will be paid for such eligible holiday bank time at his /her
straight time rate.
Bereavement Leave
Each affected employee in the covered classifications shall receive the equivalent of
their work week per incident, as needed, because of a death in their immediate family.
Immediate family shall mean and include only:
Employee's: Spouse, Children, Brothers & Sisters, Parents, Grandparents, Step-
children, foster children, grandchildren, and State registered domestic partner.
Spouse: Parents & Grandparents
Military Leave
An employee granted military leave pursuant to Section 11.6 of the Personnel Rules
shall not be granted additional compensation when such leave extends beyond the
employees regularly scheduled forty (40) hour work week.
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 15
Jury Duty
An employee granted jury duty leave pursuant to Section 11.7 of the Personnel
Rules shall not be granted additional compensation when such leave extends beyond the
employees regularly scheduled forty (40) hour work week.
Training /Conference Leave
When an employee is scheduled to attend a conference or training program Monday
through Friday, his /her work hours will be 8:00 a.m. to 5:00 p.m., Monday through Friday,
so there is no issue that he /she is eligible for overtime while attending the conference or
training.
Injury on Duty
While any employee is on injury on duty status, his /her work hours will be 8:00 a.m.
to 5:00 p.m., Monday through Friday, so there is no issue that he /she is eligible for
overtime while receiving treatment or keeping doctor's appointments.
Industrial Injury Benefits
This language shall supersede that language in City Personnel Rule
Section 11.5 which applies to NON -SWORN /MISCELLANEOUS employees. Said
Personnel Rule language is superseded by this MOU provision and the applicable
n Rule language - - -�
Personnel Rule language is null and vol .
Effective July 1, 2008, any non -sworn (non -peace officer) employee injured in the
course and scope of employment and whose injuries are subject to the Workers'
Compensation laws of the State of California, shall be eligible to receive only those
benefits provided to non -sworn (non -peace officers) employees by the Workers'
Compensation laws. Effective July 1, 2008, any non -sworn (non -peace officer) employee
receiving benefits pursuant to superseded Personnel Rule Section 11.5, shall immediately
cease receipt of the benefits provided by the former Personnel Rule section, and shall
receive only those benefits provided to non -sworn (non -peace officer) employees by the
Workers' Compensation laws."
Section 5 - Direct Wage Payments
Salary
Effective July 1, 2004 a Seven Step Compensation Plan (5% between steps) shall
be adopted by the City Council and made a part hereof, and will be on file with the
Personnel /Risk Manager or designated representative(s). Such Compensation Plan may
be amended or revised at the discretion of the City Council subject to the meet and confer
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 16
process.
The unadjusted (the salary rate set forth in the City salary matrices — the rates
without adjustment for bonuses or any other benefits, including but not limited to the City
paid employee CaIPERS contributions) base salary rates for classifications designated, as
General Clerical Employees shall be increased as follows:
Effective the first payroll period commencing on or after July 1, 2008 — 2.5%
Effective the first payroll period commencing on or after July 1, 2009 — 2.5%
Eligibility for retroactive payment is conditioned upon the affected unit member being
employed by the City on the date of Council adoption of a 2008 -2010 MOU.
Section 6 - Insurance /Supplemental Wage Payments
Life Insurance
The City will fund term life insurance in the face amount of $50,000 effective
December 1, 2004.
Vision Plan Coverage
T ie City will provide a visions plan to all affected employees, ai ed wiii contribute up to
a maximum premium cost of $32.12 per month.
If the premium exceeds this amount, then the employee shall be responsible to pay the
difference in excess of $32.12
Health /Dental Plan
Effective during the payroll period commencing July 1, 2007, the City will contribute
to each employee a sum not to exceed the $950.00 /month towards benefits as detailed in
this section.
The employee is required to maintain a minimum coverage for him /herself in a plan
of their choice unless the employee can show proof they have adequate health insurance
coverage through another source. In instances where the employee's medical insurance
premium is less than the City's monthly contribution, such employee will have an option to
have the excess monies placed toward an existing benefit program.
These options include:
Placement in a City provided health insurance plan for two (2) party or family
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 17
coverage.
2. Placement in a City provided dental plan for self, two (2) party or family
coverage.
3. Placement spread over a combination of the options listed above.
4. Elect to receive any excess monies in cash, which will be considered as
taxable income, or
5. Elect to place the excess cash monies in a City provided deferred
compensation program.
Retirement
The City will pay 100% of the employee's contribution to the P.E.R.S. retirement
program and provide retirement benefits at the as currently specified under the City's
contract with the Public Employees' Retirement System.
The City will continue to pay the current employee's contribution of seven
percent (7 %) of the employee's base salary to the Public Employees' Retirement System
in addition to the allocated percentages as listed below for the increase to normal cost
(difference between 2% @ 55 and 2.7% @ 55 retirement formulas).
Effective July 1, 2005, the City will amena the City s contract `with 'r :� r- Ac
Employees' Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for
the Local Miscellaneous Employees and to incorporate employee shared participation
towards the contributions of said retirement benefit. The employee's shared participation
of contributions shall be implemented as follows:
On July 1, 2005 — Employees will pay 100% of the 6.766% increase to normal cost
(difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary.
The employee's cost will be reflected on the pay period ending date of July 2, 2005, pay
date of July 7, 2005.
On July 1, 2006 — Employees will pay 5% and the City will pay 1.766% increase to
normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their
base salary. The employee's cost will be reflected on the pay period ending date of July 1,
2006, pay date of July 6, 2006.
On June 30, 2007 — Employees will pay 3% and the City will pay 3.766% increase to
normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their
base salary. The employee's cost will be reflected on the pay period ending date of June
30, 2007, pay date of July 5, 2007.
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 18
All such employee contributions shall be deposited in the member's retirement
account.
Long -Term Disability
The City will provide each employee with disability insurance coverage.
Effective July 5, 2005, the City shall pay an additional one hundred dollars ($100.00)
per month to a person who is capable of speaking, reading, writing and /or interpreting the
languages of Spanish, Chinese, Japanese, Vietnamese, Tagalog and signing.
Determination of capability shall be made by qualifying tests established by the City.
Qualifying tests established by the City shall make determination of capability. Re- testing
of individuals will be required to determine bilingual capability in the above stated
languages. Only those individuals who score at the level of "Good" or better will be eligible
for Bi- lingual pay.
Tuition Reimbursement
Effective the first payroll period commencing on or after July 1, 2008, Section 2.8 of
the City Personnel Rules and Regulations shall be amended to provide that the tuition
reimbursement described thereiiii si call allow IoI reii P ibEirS�Dme1 it eilgibllRy for fill tiff ie savor i i
employees who have passed original probation in an amount not to exceed $2,000, and
that the reimbursement eligibility for full time non sworn police department employees who
have passed original probation shall be in an amount not to exceed $1,500 per fiscal year.
Personnel Rule § 2.8 shall be concurrently amended to provide that tuition
reimbursement shall be allowed only as regards courses provided by an accredited college
or university and in a field in study reasonably related to the employee's duties and which
are deemed appropriate by the Executive Team.
Section 4.4 of the Personnel Rules shall be modified by this agreement to provide
acting pay after twenty (20) continuous working days, from the date the employee was
placed in the acting capacity. All other provisions of Section 4.4 shall remain in their
current form. This amendment of Section 4.4 shall apply only to the members of the
General Unit of Clerical Employees Association.
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 19
Child Care
City's Latch Key program shall provide same privileges to employees as residents of
Baldwin Park. Section 125 Plan is available for employees use.
Section 7 - Policies and Procedures
Written Warnings /Reprimands
Written warnings /reprimands issued pursuant to Section 14 of the Personnel Rules
and Regulations shall not be subject to advisory arbitration. The final step of administrative
appeal shall be the Executive Team. An employee shall have the right to attach a written
rebuttal to any written warning /reprimand placed in his /her personnel file.
A written warning /reprimand may be removed from an employee's personnel file, upon
written request to and written approval from their department head, if he /she has not been
involved in any subsequent incidents that resulted in written corrective counseling or other
management action for a period of five (5) years from the date the most recent notice was
issued or manaaement action taken.
Layoff Policy
The parties agree to continue the 1998/99 meet and confer process on the City's
current Layoff Policy, contained in Section 13 of the Personnel Rules, commencing no later
than January 1, 1999. Any language changes to the current Section will be submitted by
the Association prior to the commencement of the meet and confer process.
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 20
Emergency Preparedness Policy
The parties agree to continue the 1998/99 meet and confer process on the
"Emergency Preparedness Policy ", including specifics as to when bargaining unit members
should respond before or after their normal work shift.
Personnel Rules Additions
The City has drafted new or revised policies related to Workplace Harassment and
Workplace Violence. The bargaining unit has had the opportunity to discuss the policies
and provide their comments, to reach agreement on the language content, and agree that
failure to reach agreement shall not prevent the City from unilaterally adopting these
policies. Unilateral adoption by the City will not be subject to any appeal process, including
the grievance process.
Labor /Management Committee
The City agrees to maintain a labor /management committee for discussion of
general issues of mutual concern to the City and the Association.
Labor /Management Health Insurance Committee
^----e-_--ie__ the eie__ x_ i :_�
Uunng the term of the ovivu the parties agree to participate in meetings, the purpose
of which shall be to explore programs, which can provide coverage equal to or greater than
that, which is presently available, but at a cost to both the City and the employee, which is
less than the cost presently contributed by the City and /or the employee. The meetings
shall not address issues regarding increased City funded contributions to the employee or
employer purchased of medical /health coverage.
City Safety Committee
The City agrees to establish a City -wide safety committee. The establishment of the
committee and selection of representatives to the committee will be accomplished through
further informal discussions with the Association.
Grievance Procedure
Definition
A "grievance" is a formal, written allegation by a grievant that he /she has been
adversely affected by an existing violation, misinterpretation or misapplication of the
specific provisions of the Memorandum of Understanding and /or provisions of the
Personnel Rules and Regulations. Other matters for which a special method of review is
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 21
provided by law, ordinance, resolution, or by administrative regulations and procedures of
this City, are not within the scope of this procedure.
Section 15 of the Personnel Rules shall be modified by this agreement to provide
the utilization of the grievance procedure for those employees who receive performance
evaluations rated at the level of marginal and /or unsatisfactory. This amendment of
Section 15 shall apply only to the members of the General Unit of Clerical Employees
Association.
Procedure
1. Information Resolution: Every effort shall be made to resolve a grievance
through discussion between the employee and his /her immediate supervisor. It is the spirit
and intent of this procedure that all grievances are settled quickly and fairly without any
subsequent discrimination against employees who may seek to adjust a grievance. Every
effort should be made to find an acceptable solution at the lowest level of supervisor.
Within fifteen (15) calendar days after a grievant knew, or by reasonable diligence should
have known, of the condition upon which a grievance may be based, the grievant shall
attempt to resolve it by an informal conference with the grievant's immediate supervisor.
The immediate supervisor shall respond, in writing, within (7) calendar days of the
discussion with the grievant. If the immediate supervisor does not respond within such
time lime the grievant shall be entitled to process the grievance to the next step.
2. If the problem cannot be resolved between the employee and the supervisor,
the employee may, within seven (7) calendar days from the date of receiving the answer
from rlos>her supervisor, request and be granted an interview with the division head, it one
exists, in order to discuss the grievance. The Division Head shall schedule an interview
within (5) calendar days of the grievant's request. After the interview, the Division Head
shall respond, in writing, within seven (7) calendar days of the interview with the Grievant.
If the Division Head does not respond within such time limit the grievant shall be entitled to
process the grievance to the next step.
3. If the division head and employee cannot reach a solution to the grievance,
the employee may, within seven (7) calendar days from the date of receiving the answer
from the division manager, request, in writing, and be granted an interview with the
appointing authority. The appointing authority, or its representative, shall schedule an
interview within five (5) calendar days of the grievant's request.
4. The appointing authority shall render his /her decision in writing within fifteen
(15) calendar days of receiving the appeal. If the appointing authority and employee are
unable to arrive at a satisfactory solution, the employee may, within ten (10) calendar days
from the date of the decision by the appointing authority, submit a written appeal to the
Executive Team.
5. The Executive Team shall review the grievance and respond to the employee
within twenty (20) calendar days of receiving the appeal. The response shall be in writing
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 22
and will be considered an expression of management's viewpoint, and shall be the final
administrative state of review.
6. If the time limits for employees' appeals at any step should elapse, the
grievance shall be considered withdrawn. Time limits may be extended by mutual consent.
If the City fails to respond within the prescribed time limits, the grievance will be deemed
to have been denied and the employee may go to the next step. If the Executive Team fails
to respond within the prescribed time limit, the grievance will be deemed to have been
denied and the employee will be deemed to have exhausted his /her administrative remedy.
7. The employee may request the assistance of another person of his /her own
choosing in preparing and presenting his /her appeal at any level of review. Employees
shall be assured freedom from reprisal for using the grievance procedure.
Standard Grievance Form
The City and the Association agree to create, prepare and implement a standard
grievance form for use by all affected classifications represented by the Association.
American's With Disabilities Act
Because the ADA requires accommodations for individuals protected under the Act,
and because these accommodations must be determined on an individual, case -by -case
basis, the parties agreed that the provisions of this agreement may be set aside in order for
the City to avoid discrimination relating to hiring, promotion, granting permanency, transfer,
layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority,
leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of
employment.
The Association recognizes that the City has the legal obligation to meet with the
individual employee to be accommodated before any adjustment is made in working
conditions. The Association will be notified of these proposed accommodations prior to
implementation.
Any accommodation provided to an individual protected by the ADA shall not
establish a past practice, nor shall it be cited or used as evidence of a past practice in the
grievance procedure.
Prior to setting aside any provision of this agreement in order to undertake required
accommodations for an individual protected by the Act, the City will provide the Association
with written notice of its intent to set aside the provision, and will allow the Association the
opportunity to discuss options to setting aside of any provision.
Pre - Employment - Alcohol and Drug Testing
The parties agree that all new hires represented by the General Unit of Clerical
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 23
Employees Association, effective the date this agreement is signed, will be subject to pre-
employment alcohol and drug testing. Employment will be contingent upon the results of
this testing.
Alcohol and Drug Abuse Policy
Purpose
It is the purpose of this policy to eliminate substance abuse and its effects in the
workplace and to ensure that employees are in a condition to perform their duties safely
and efficiently, in the interests of their fellow workers and the public as well as themselves.
Policy
It is the City's policy that employees shall not be under the influence of or in
possession of alcohol or drugs while on City property, at work locations, or while on duty;
shall not utilize such substances when they have a reasonable expectation of call in for
duty; shall not possess, provide or sell illegal drugs to any other employee or to any person
while on duty; nor have their ability to work impaired as a result of the use of alcohol or
drugs.
While use of medically prescribed medications and drugs is not per se a violation of
this policy, the employee must notify his /her supervisor, before beginning work, when
taking medications or drugs (includiiiCg. the possible effects o along such medication ClifU
drugs) which could foreseeably interfere with the safe and effective performance of duties
or operation of equipment. In the event there is a question regarding an employee's ability
to safely and effectively perform assigned duties while using such medications or drugs,
clearance from their physician may be required.
The City is committed to providing reasonable opportunity for rehabilitation for those
employees whose drug or alcohol problem classifies them handicapped under federal
and /or state law. Persons whose use of drugs or alcohol prohibits them from performing
the duties of their position, or whose use constitutes a direct threat to property or the safety
of others, are not considered handicapped under federal or state law.
.�� 0
This policy applies to all employees of the City of Baldwin Park. This policy applies
to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair
an employee's ability to effectively and safely perform the functions of the job.
Employee Responsibilities
An employee must:
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 24
1. Refrain from the use of, or possession of, illegal drugs or narcotics while on
duty;
2. Not report to work while his /her ability to perform job duties is impaired due to
alcohol or drug use;
3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription
drugs without a prescription) during working hours or at anytime while on City
property;
4. Not directly or through a third party sell or provide illegal drugs to any
person, including any employee, while either employee or both employees
are on duty;
5. Notify his /her supervisor, before beginning work, when having consumed
alcohol or when taking any medications or drugs, prescription or
non - prescription, which may interfere with the safe and effective performance
of duties or operation of equipment;
6. Report to their supervisor of any criminal drug statute conviction no later than
five (5) days after such conviction;
7. Report to the supervisor when they have knowledge of objective evidence
that other employees may be under the influence of drugs or alcohol or
engaging in 'illegal drug related activities.
Employees who believe they may have an alcohol or drug usage problem are urged
to voluntarily seek confidential assistance through their medical plans or through other
resources available in their community. While the City will be supportive of those who
seek help voluntarily, the City will be equally firm in identifying and disciplining those who
continue to be substance abusers and do not seek help.
Management Responsibilities
Managers and supervisors are responsible for reasonable enforcement of
this policy.
2. Notify the affected contract/granting agency within ten (10) days after
receiving notice of any conviction.
3. Prepare and distribute to all employees, a summary of available benefits
through the various health plans. Information to be distributed through the
Personnel Services office.
4. To treat any cases where rehabilitation is recommended or already underway
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 -2010 25
as a medical situation, subject to current medical leave policies.
5. To maintain strict confidentiality on all matters arising under the provision of
this policy. Medical information, if necessitated, will be maintained by
Personnel Services in separate, secured files. Information will only be
shared where there is a bona fide "need to know" by management in
instances where referrals, rehabilitation, medical leaves, work
accommodation, discipline or other employment related decisions are
affected.
6. As with all policies and procedures, any incident or situation requiring
management attention is expected to be given thorough and deliberate
consideration before any final action is taken, especially in disciplinary cases.
Decisions made on such cases under this policy will be subject to review by
an individual's department head, and Personnel /Risk Manager
Smoke Free Workplace
Section 18, of the Personnel Rules and regulations, relating to smoking in the City
workplace will be amended to read as follows:
18.1 Purpose
The purpose of this policy is to set forth City Council direction in regard to smoking
by City ompinyooc in City facilities and to enrno 1rage non- sMOL -ing by City empinyooc in
w �+I e: w vvv e t su. 11111vv IAI e �..a IvWm u 1. ea e v wr ev vvv III
the workplace. This policy is necessary because such smoking is recognized as a hazard
to the health of smokers and non - smokers alike.
All employees must be aware of the provisions of City Council Ordinance No. 1232
which prohibits smoking by anyone in and around City -owned premises and public parks
and other recreational facilities.
City owned premises is defined as a building or site owned and occupied, or leased
and occupied, by the City of Baldwin Park for any municipal function, and includes the
entire site of the City -owned premises and all structures thereon. City owned premises
shall not include any public sidewalk adjacent to the sit of City -owned premises, nor any
building owned in part by the Baldwin Park Redevelopment Agency which ios also partly
owned by a private individuals or Owner Participation Agreement. City -owned premises
include, but are not limited to, City Hall, the City Yard, and the site occupied by the City
Housing Authority.
Public Park means any park, roadside rest, or other site designated by the City of
Baldwin Park for any recreational purpose which is owned, managed or controlled by the
City, and includes the entire site of the public park, all structures thereon, and any public
sidewalk adjacent to that site. Public park includes, but is not limited to, the Julia McNeill
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 - 2010 26
Senior Center, the Esther Snyder Community Center, Morgan Park, Barnes Park, Hilda
Solis Park, Walnut Creek Nature Park, and the Baldwin Park Teen Center and Skate Park.
This policy governs all areas of city -owned buildings not considered to be public
access areas and not therefore, governed by Ordinance No. 1232. These areas would
include employee offices; rooms or hallways not normally open to the public, employee
lounges, and kitchens, lunchrooms and employee break rooms, workstations, locker
rooms, city vehicles and other common employee areas.
Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe, cigar
or cigarette or any other device used for the burning of tobacco or other similar combustible
material, so that the person in possession thereof can inhale and exhale the smoke there
from.
18.2 Policy (This policy will supersede the policy effective September 7, 1989)
Effective January 1, 1995, smoking in all areas of City -owned buildings and City -
owned vehicles, is prohibited. Should any dispute arise from this policy, it shall be directed
to the Executive Team.
18.3 Procedure
The Maintenance Division shall be responsible for posting and maintaining all signs
in accordance with the standards approved by the Executive Team. Signs in private offices
shall be the respons:bAlI y of the office occupant. °No smoking" signs shall be ava;lable
from the Maintenance Division.
Those managers and supervisors closest to employee work sites are hereby
charged with the implementation of and compliance with this policy. The Executive Team
is ultimately responsible for such implementation and compliance.
The Human Resources Manager shall be responsible for updating this policy as
necessary and communicating this policy to all employees.
No person shall discharge, discipline or in any manner retaliate against any
employee because such employee exercises any rights afforded by this policy.
Limited Reopener
The purpose of this reopener shall be limited to proposed modifications in existing MOU
language. The reopener shall not result in any increase or decrease in compensation, but
shall be utilized to address any MOU ambiguities and /or non - compensation related policies
and procedures. The City shall provide written notice to the Association of its intent to
invoke this section, and a description of the precise language changes that are proposed.
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 - 2010 27
City - proposed language changes shall not be implemented without completion of the meet
and confer process and as appropriate, completion of any impasse - resolution procedures.
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 - 2010 28
EXHIBIT A
LETTER OF INTENT
CITY OF BALDWIN PARK
MEMORANUDM OF UNDERSTANDING
2008-2010
The City of Baldwin Park and the General Clerical Unit agree to the following during the
term of this Memorandum of Understanding:
In accordance with Resolution Number 94 — 67 "A Resolution of the City Council
of the City of Baldwin Park establishing the reporting of the value of the employer
paid member contributions as compensation using the special compensation
approach (Government Code Section 20023 ( C ) ( 4 ):
The following is a statement of the change in reporting compensation to PERS:
"The City of Baldwin Park elected to pay 7% normal member contributions as
employer paid members contributions (EPMC) and report same percent to PERS
as compensation ".
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 - 2010 29
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Memorandum of Understanding the day, month and year
noted.
GENERAL UNIT OF CLERICAL
EMPLOYEES ASSOCIATION
iola Salc da, Representative
Rosa Caballero, Representative
Michelle Bravo, Representative
Date
CITY OF BALDWIN PARK
Vijay Singhal, Chief Executive Officer
leticia .an Resources Manager
Date
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 - 2010 30
Preamble
Section 1 - Rights and Recognition
Page
Recognition 4
Management Rights 4
Association Stewards
Steward Appointments 6
Job Safety by Steward 6
Reporting 6
Management Responsibility 6
Notification of Other Supervisors 6
Discrimination 7
Savings Clause 7
No Strike - No Lockout 7
Full Understanding, Modifications, 8
and Waiver
Section 2 - Fair Labor Standards Act Provisions
Work Period 9
Overtime 9
Section 3 - Work Schedules
Experimental Alternative Work Schedules 10
Workday 11
Section 4 - Attendance and Leaves
Hours of Work
11
Sick Leave
12
Annual Sick Leave Incentive
12
Vacation
12
Holidays
13
Floating Holidays
14
Holiday Bank
14
Bereavement Leave
15
Military Leave
15
Jury Duty
16
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 - 2010 31
Train ing/Conference Leave 16
Injury on Duty 16
Industrial Injury Benefits 16
Section 5 - Direct Wage Payments
Salary 16
Section 6 - Insurances/Supplemental Wage Payments
Life Insurance
17
Vision Plan Coverage
17
Health/Dental Plan
17
Retirement
18
Long-Term Disability
19
Bilingual Pay
19
Tuition Reimbursement
19
Acting Pay
19
Child Care
20
Section 7 - Polices and Procedures
Written Warnings/Reprimand
20
Layoff Policy
20
Emergency Preparedness Policy
Y Y
21
Personnel Rules Additions
21
Labor/Management Committee
21
Labor/Management Health Insurance Committee
21
City Safety Committee
21
Grievance Procedure
21
Standard Grievance Form
23
American's With Disabilities Act
23
Pre-Employment — Alcohol and Drug Testing
23
Alcohol and Drug Abuse Policy
24
Smoke Free Workplace
26
Limited Reopener
27
Exhibit "A" EPMC Reporting to CalPERS
28
GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2008 - 2010 32
t MA
. A 1111711 A N:
COMMUNITY DEVELOPMENT COMMISSION
REGULAR MEETING
AUGUST 6, 2008
7:00 PM
COUNCIL CHAMBER
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960 -4011
i
Manuel Lozano
- Chair
Anthony J. Bejarano
- Vice Chair
Marlen Garcia
- Member
Monica Garcia
- Member
Ricardo Pacheco
- Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APA GAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the
Commission or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the Commission or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed five (5) minutes
speaking time. A Spanish- speaking interpreter is
available for your convenience.
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda,
Para hablar sobre cualquier asunto publicado en la
agenda o cualquier tema que este bajo su jurisdiccion.
Si usted desea la oportunidad de dirigirse al Concilio o
alguna de sus Agencias, podra hacerlo durante el
periodo de Comentarios del Publico (Public
Communications) anunciado en la agenda. A cada
persona se le permite hablar por cinco (5) minutos.
Hay un interprete para su conveniencia.
Any written public record relating to an agenda item for an open session of a regular meeting of the Community
Development Commission that is distributed to the Community Development Commission less than 72 hours
prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E.
Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.)
COMMUNITY DEVELOPMENT COMMISSION
REGULAR MEETING — 7:00 PM
CALL TO ORDER
ROLL CALL
Members: Marlen Garcia, Monica Garcia, Ricardo
Pacheco, Vice -Chair Anthony J. Bejarano and Chair
Manuel Lozano
ANNOUNCEMENTS
PUBLIC COMMUNICATIONS
Five (5) minute speaking time limit
Cinco (5) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or
special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or
questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a
future meeting. (Government Code §54954.21
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N
No se podra tomar acci6n en aigOn asunto a menos que sea incluido en la agenda, o a menos que exista
alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder
brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar
asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2]
CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be
approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in
which case, the item will be removed from the general order of business and considered in its normal sequence on the
agenda.
1. WARRANTS AND DEMANDS
Staff recommends Commission receive and file.
2. MINUTES
Staff recommends Commission approve the minutes of the July 16, 2008 meeting
(regular.)
REQUESTS AND COMMUNICATIONS
ADJOURNMENT
Page 2
CERTIFICATION
I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty
of perjury under the laws of the State of California that the foregoing agenda was posted on
the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 31St day of
July 2008.
Laura M. Nieto
Deputy City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda
are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area (14403 E. Pacific Avenue) or at
the Los Angeles County Public Library in the City of Baldwin Park (4181 Baldwin Park Boulevard.) For further
information regarding agenda items, please contact the office of the City Clerk at 626.960 -4011, ext. 466 or via
e -mail at Inieto(o-)baldwin park. com
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48
hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this
meeting. (28 CFR 34.102.104 ADA TITLE II)
COMMUNITY DEVELOPMENT
COMMISSION AGENDA
008
ITEM i
COMMUNITY DEVELOPMENT C• •
CITY OF BALDWIN PARK
EPORT: CHECKREG GENERATED: 19 FED 08 12:32 RUN: TUESDAY JUL292008 08:54
CITY OF BALDWIN PARK
CHECK REGISTER
CHECK RANGE: 12964 - 12969
BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME
WO # AMOUNT G/L ACCT # DESCRIPTION INVOICE #
-------------------------------------------------------------------------------------- -------- ---------- - - - - --
L
.L L.7 b4L4riL1/
07/28/08 08688
1241.08
836 -00- 000 - 51101- 14900 -2
1241.09
834 -00- 000 - 51101- 14900 -2
2
12965
$18647.00
07/28/08 06714
18647.00
836 -00 -000- 53370 - 14900 -2
2
12966
$602.82
07/28/08 05154
602.82
801 -40- 470 - 53350 - 14420 -2
2
12967
$76.00
07/28/08 08878
76.00
801 -40- 400 - 53100 - 14900 -2
2
12968
$3.38
07/28/08 00779
3.38
890 -00- 000 - 53370 - 14900 -2
2
12969
$43.53
07/28/08 00828
43.53
890 -00- 000 - 53370- 14900 -2
TOTAL # OF ISSUED CHECKS: 5
'OTAL # OF VOIDED /REISSUED CHECKS: 1
TOTAL # OF ACH CHECKS: 0
TOTAL # OF UNISSUED CHECKS: 0
0 ALESHIRE & WYNDER LLP
LEGAL SRV -JUN 9317
LEGAL SRV -JUN
0 LAIDLAW B.P. REALTY ASSOCIATES, LLC
QTRLY- AGRMNT 01/01/08 - 03/31/08
0 MELECIO PICAZO
REIMB TRAVEL -ICSC ICSC 5/18 -21/08
0 SAN GABRIEL VALLEY NEWSPAPER GROUP
SUBSCRIPTION 7,30- 6/30/08 74906358 CDC
2 SOUTHERN CALIFORNIA EDISON CO VOIDI
ELECTRICAL SRV 6/10- 7/9/08 2- 28- 274 -5223 JUN
0 VALLEY COUNTY WATER DIST
WATER SRV -ROP HSE 4500 BRESEE AV
TOTAL AMOUNT: 21851.52
TOTAL AMOUNT: 3.38
TOTAL AMOUNT: 0,00
CITY OF BALDWIN PARK
COMMUNITY DEVELOPMENT
COMMISSION
MINUTES
WMMUM I r UtVtLVI'MtN 1
COMMISSION AGENDA
It
r 1,
00:
7:00 p.m. COUNCIL
CHAMBERS
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor
Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council
Members
Maria Contreras, City Treasurer Susan Rubio, City Clerk
The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met
in REGULAR SESSION at the above time and place.
CALL TO ORDER
ROLL CALL
Present: Member Marlen Garcia, Member Monica Garcia, Vice Chair
Bejarano, Chair Lozano.
Absent: Member Pacheco, City Clerk Rubio.
Also Present: Chief Executive Officer Vijay Singhal, Assistant City Attorney June
Ailin, Director of Recreation & Community Services Manuel
Carrillo Jr., Community Development Manaaer Marc Castaanola,
Director of Public Works William Galvez, Chief of Police Lili
Hadsell, City Treasurer Contreras, Deputy City Clerk Nieto.
PUBLIC COMMUNICATIONS
CONSENT CALENDAR
Motion: Approve CONSENT CALENDAR
Moved by Chair Lozano, seconded by Vice Chair Bejarano.
"11 4kTA-11,111
Commission received and filed.
2. MINUTES
Commission approved the minutes of the June 18, 2008 meeting (regular.)
RECESS TO CLOSED SESSION OF THE COMMUNITY DEVELOPMENT
COMMISSION:
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8)
Page 1 of 3
Properties:
4249 Bogart
Avenue Herminia DeLoera
4156 Bogart Avenue
Luis & Irma Delgado
4150 -52 Bogart Avenue
Johnathan A. Marquez
4134 Bogart Avenue
Juan M. & Guadalupe Gutierrez
4118 Bogart Avenue
Wallis C & Jolene Hannah
4145± Downing Avenue
Agredano Properties LLC
14610 -12 Clark Street
Peter R. Nasmyth
14606 Clark Street
Benjamin & Helene Stovitz/Trust
4216 -20 Bogart Avenue
Lin Te Shih
4202 Bogart Avenue
Wilson S & Siu Seto
14626 Clark Street
Vidal & Gilbert Ramirez
4217 Downing Avenue
Ragon Corporation
4142 Downing Avenue
Pedro Ibarra
1 4714 Clark Street
Louise V. Sagade /Fall lily Trust
15010 -014 Ramona Boulevard Manuel L & Hermilia Mota
4226 Park Place Fernando & Guillen, Eva Robles
4143 -58 Maine Avenue
Narendra & Usha Gupta
4147 -51 Maine Avenue
Narendra & Usha Gupta
14300 Ramona Boulevard Wayne R & Valda Fletcher
4140 -42 Bogart Avenue
Jose Raygoza
4232 Bogart Avenue
Salvador & Eva Cordova
4226 -28 Bogart Avenue
Refugio I & Maria Soria
4209 Downing Avenue
Paul W & Rosa Yee Family Trust
4219 Downing Avenue
Tong G Wu
4221 Downing Avenue
Limin Cao
Page 2 of 3
14439 -41 Palmrose Avenue Melba & Glen Johnson
4137 Puente Avenue
Stephanie Monroe
4221 Elton Street
Peter J & Rita Bustillos
4229 Park Place
Jesus G & Smith William Llamas
4124 Maine Avenue
Roxbury Properties
4232 Park Place
Juan J. Curiel
Commission Negotiators:
Vijay Singhal and Joe Pannone
Negotiating Parties: Above -named property owners
Under Negotiation: Terms and conditions
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
Assistant City Attorney Ailin stated that no reportable action was taken.
Nothing further to report.
ADJOURNMENT
There being no other matters for discussion the meeting was adjourned at 9:24
p.m.
Approved as presented by the Commission at their meeting held August 6, 2008.
Laura M. Nieto
Deputy City Clerk
Page 3 of 3