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HomeMy WebLinkAbout2013 08 07NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL 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 7, 2013 at 5.30 PM. at City Hall — 3rd Floor Conference Room 307, 14403 East 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: August 1, 2013 Manuel Lozano Mayor AFFIDAVIT OF POSTING I, Alejandra Avila, 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 e -mail to the San Gabriel Valley Tribune, and that I posted said notice as required by law on August 1, 2013. Alejandra Avila City Clerk CITY COUNCIL SPECIAL MEETING Please note time and meetin AUGUST 7, 2013 nation 5:30 PM CITY HALL - 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 L WN P - Ar R- K Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tern Marlen Garcia - Councilmember Ricardo Pacheco - Councilmember Susan Rubio - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiccion. wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durante el COMMUNICATIONS period noted on the perfodo de Comentarios del Publico (Public agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A cada minutes speaking time. A Spanish- speaking persona se le permite hablar por tres (3) minutos. Hay interpreter is available for your convenience. un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Marten Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) 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 DES/GNADO PARA DIRIG/RSE AL CONCIL/O FAVOR DE NOTIFICAR A LA SECRETAR/A S1 REQU/ERE 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 declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] RECESS TO CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Property: 13940 Live Oak Avenue, Baldwin Park, CA 91706 Agency Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: Doug Corcoran, Waste Management Under Negotiation: Price and terms of payment 2. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and the Baldwin Park Police Officer's Association; Un- represented employees; and part - time employees. 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (GC §54956.9 (d)(1) Adams et. al. v. City of Baldwin Park et. al., USDC Case No.: CV12-00512 GAF(AJWx) BPPOA v. City of Baldwin Park et al., USDC Case No: CV1 3-01534 DMG (VBKx) BPPOA v. City of Baldwin Park, LASC Case No: BS1 40802 RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 1, Alejandra Avila, 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 on August 1, 2013, Alejandra Avila 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, 2dFloor Lobby Area or at the Los Angeles County Public Libraty in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626)813-5204ore-mailrcaballero@baldwinpark.co . 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 AUGUST 7,2013 11 PM laldwin Park, CA 91706 (626) 960-4011 Manuel Lozano Monica Garcia Marlen Garcia Ricardo Pacheco Susan Rubio - Mayor - Mayor Pro Tern - Council Member - Council Member - Council 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 three (3) 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 tres (3) minutes. Hay un interprete para su conveniencia. CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Marlen Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano ANNOUNCEMENTS This is to announce, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Certificate recognition to the Officers of the Baldwin Park SWAT Team for their Exceptional Service in Keeping Our Streets Safe. • Oath of Office presentation for Edith Flores, Planning Commissioner. • 1 -10 HOV Project presentation by Caltrans. PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) 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 INTERPRETE No se podra tome 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 declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda — August 7, 2013 Page 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 Councilmember 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. AUTHORIZATION TO PROCEED WITH ADVERTISEMENT OF A REQUEST FOR PROPOSALS (RFP) FOR THE PRINTING OF THE BALDWIN PARK NOW Staff recommends that the City Council: Authorize Director of Recreation and Community Services to proceed with advertisement of a Request for Proposals (RFP) for the printing of the Baldwin Park NOW; or Provide alternative direction for selection process. 2. AV MMA N1S AND DEVIANDS Staff recommends City Council ratify the attached Warrants and Demands, 3. TREASURER'S REPORT: JUNE 2013 Staff recommends that the Finance Authority receive and file the June 2013 Treasurer's Report. 4. LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE JOINT POWERS AGREEMENT Staff recommends 1) City Council adopt resolution 2013-027, approving the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force Joint Powers Agreement ("LA IMPACT JPA") 2) Authorize the City's Membership in the LA IMPACT Authority; and 3) Authorize the Mayor to execute the JPA Agreement. 5. SECOND READING OF ORDINANCE 1355 THE ADDITION OF SECTION 153.170.105 TO THE CITY'S MUNICIPAL CODE RELATING TO BILLBOARDS (LOCATION: EXISTING BILLBOARD LOCATIONS WITHIN THE CITY; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AZC-173) Staff recommends that the City Council adopt Ordinance 1355 on second reading, read by title only and waive any further reading thereof. 6. STATUS REPORT ON PHASE 11 STUDY BEING CONDUCTED BY LA COUNTY SHERIFF Recommendation: Council receive and file the report. 7. APPROVAL OF RENEWAL OF ANIMAL CONTROL AGREEMENT WITH THE COUNTY OF LOS ANGELES WITH REVISED BILLING RATES Staff recommends City Council: approve the Agreement with County of Los Angeles, Department of Animal Care and Control. If approved, the agreement with the County becomes effective July 1, 2013 and will run through June 30, 2014. City Council Agenda — August 7, 2013 Page 3 8. ADDING THREE LAW FIRMS TO CITY'S PANEL OF LEGAL FIRMS FOR LEGAL ASSISTANCE WITH PERSONNEL, LITIGATION, LIABILITY AND OTHER SPECIAL SERVICES It is recommended that the City Council add these three (3) law firms to the City's panel of legal firms to assist with legal matters as may be needed and requested by the Council for personnel, litigation, liability and other special services and authorize the Mayor to sign the attached professional service agreements. SET MATTERS - PUBLIC HEARINGS (7;00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and /or City Council at or prior to the public hearing. 9. PUBLIC HEARING OF THE CITY COUNCIL TO ADOPT A RESOLUTION AND THE CITY'S 2013 CONGESTION MANAGEMENT PROGRAM LOCAL IMPLEMENTATION REPORT It is recommended that the City Council open the public hearing, receive any public comment, close the public hearing and adopt Resolution 2013 -029, "A RESOLUTION OF THE CITY OF BALDWIN PARK FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 ". REPORTS OF OFFICERS 10. CONSIDERATION OF RE- APPOINTMENTS TO FILL STUDENT VACANCIES FOR THE RECREATION AND COMMUNITY SERVICES COMMISSION Staff recommends City Council review the student commission applications and school recommendation to: 1. Approve Resolution No. 2013 -030; and 2. Re- Appoint Commission Offices subject to satisfactory background checks through the Department of Justice. 11.CONTINUED FROM JUNE 19, 2013 - CONSIDERATION OF APPOINTMENTS AND /OR REAPPOINTMENTS TO FILL VACANCIES FOR THE HOUSING COMMISSION Staff recommends City Council to review all Commission applications, take nominations and adopt Resolution No. 2013 -013 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NOS. 1, 2, 3, 4, 5, & 6," subject to satisfactory backgrounds checks through the Department of Justice, as follows: City Council Agenda — August 7, 2013 Page 4 gffiicei No Name Ex baton of Terms 1 June 30, 2014 2 3 June 30, 2015 4 5 Tenant - 6 June 30, 2016 Tenant 7 (62 +) PENDING APPLICATIONS CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS ADJOURNMENT CERTIFICATION I, Alejandra Avila, 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 1 st day of August 2013. Alejandra Avila 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 or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 813 -5204 or via e -mail at rcaballero @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 7, 2013 Page 5 ?R14 BALDWIN P_ ,R—K ffel �70".1 REPORT CITY OF BALDWIN PARK STAFF UITY COUNCIL AGENDA MEN 1 Honorable Mayor and Members of the City Council ITEM NO Manuel Carrillo Jr., Director of Recreation & Community Se August 7, 2013 SUBJECT: •- • • PROCEED WITH ADVERTISEMENT OF REQUEST FOR PROPOSALS (RFP) FOR THE PRINTING OF THE BALDWIN PARK NOW .* The purpose of this report is to request authorization from the City Council to advertise the Request For Proposals (RFP) for the printing of the Baldwin Park NOW. The Baldwin Park NOW is a bi- monthly publication that allows for consistent communication from the City to residents and business owners of Baldwin Park. The publication is a valuable tool that reaches over 21,000 households and businesses. City staff has been continuously working to improve the style and content of the publication in order to increase awareness and portray a positive image to community. The Department has been working with Aljon Graphics through an agreement originally signed and approved by the City Council on December 15, 2010. Aljon Graphics has provided superior service and competitive costs throughout the course of the contract which expires this year. Keeping in mind the sensitive issue of the economy and constraints on budget, staff has prepared a Request for Proposals (RFP) to seek competitive printing companies for the Baldwin Park NOW publication. DISCUSSION In order to remain as efficient as possible, the Department of Recreation and Community Services would like to request to go out to bid for printing companies to handle the printing of the Baldwin Park NOW (4 times a year). This will allow the department to take advantage of any cost savings that are available and ensure the City is receiving the highest quality of service at the best possible price. The Department has been satisfied with the work of Aljon Graphics. However, it is in the best interest of the City to re- evaluate the scope of work and select a printing vendor based on the best proposal. The City of Baldwin Park will accept proposals throughout the advertising period and no later than August 22, 2013. There are no additional costs that would be incurred by the City through this process. Cost savings will be measured after the review of bids and will be presented to the City Council with a selection of a vendor. 1:7 x0101 iv, l �il:4 1,17_r1LOIR1 Staff recommends that City Council: 1. Authorize Director of Recreation and Community Services to proceed with advertisement of a Request for Proposals (RFP) for the printing of the Baldwin Park NOW; or 2. Provide alternative direction for selection process. Attachments: A) Request for Proposals (RFP) 2 ®• owe IM Printing Services for the Baldwin Park NOW (News Publication) City of Baldwin Park Manuel Carrillo Jr. Director of Recreation and Community Services City of Baldwin Park 4100 Baldwin Park Boulevard Baldwin Park, CA 91706 No later than 5 :00pm on Monday, August 22 2013 1. INTRODUCTION The City of Baldwin Park is requesting proposals from qualified professionals to provide to printing services for the Baldwin Park NOW and Recreation Guide publications. The job would include the bi- monthly printing of the Baldwin Park NOW (6 times per year) and bi- annual printing of the Recreation Guide (once per year), which would be inserted in the Baldwin Park NOW. This Request for Proposals (RFP) states the instructions for submitting proposals, the procedure and criteria by which a proposer may be selected and the contractual terms by with tl�e City of BaidwI Park intends to govebn $rte relationship between it and the selected vendor. 2. DEFINITION OF PARTIES Definition of Parties: The City of Baldwin Park will hereinafter be referred to as the "City." Respondents to the RFP shall be referred to as "proposers." The proposer to whom . the contract is awarded shall be referred to as the "Vendor." 3. BACKGROUND The Baldwin Park NOW is a bi- monthly publication that allows for consistent communication from the City to residents and business owners of Baldwin Park. The publication is a valuable tool that reaches over 21,000 households and businesses. City staff has been continuously working to improve the style and content of the publication in order to increase awareness and portray a positive image to community. In an effort to streamline processes, a 32 -page Recreation Guide has been incorporated into the printing of the Baldwin Park NOW once per year (Summer /Fall & Winter /Spring). The City is dedicated to ensuring the printing services for both publications are completed as economically as feasible. An electronic sample of the Baldwin Park NOW and Recreation Guide can be found at www.baldwinpark.com under City Publications. 4. SCOPE OF WORK - SPECIFICATIONS Provide printing services, which would entail the following: • Coordinating delivery of design • Providing proofs for review • Making final blue line changes • Printing of approximately 22,250 copies • Delivery to the United States Postal Service (LISPS) for distribution Printin�Specif cations (Baldwin Park NOW) — Four Issues Per Year 2 Description: 8 -page self cover Final Size (WxH) Spread 17x10.875; page size = 8.5x10.875 Stock 764 Recycled Gloss Book, 10% Post- Consumer Waste Ink 4/4 =4C Process (85 %) - Soy -Based Inks Bindery Trim, fold, gather, saddlestitch along 1.0.875 direction Prepare for simplified mailing; deliver to USPS & Esther Snyder Community Center (4100 Baldwin Park Boulevard). Quantity 22,250 (Approximately) PrintinL- Specifications (Recreation Guide) - One Issue ner Year Description.: 32 -page self cover Final Size (WxH) Spread 17x1.0.875; page size = 8.5x10.875 Stock 76# Recycled Gloss Book, 10% Post- Consumer Waste Ink 4/4 =4C Process (85 %) - Soy -Based Inks Bindery Trim, fold, gather, saddlestitch along 10.875 direction Prepare for simplified mailing, deliver to USPS & City Hall Quantity 22,250 (Approximately) Printing Schedule (NOW): Spring Edition - February Summer Edition - May (includes 32 -page recreation guide) Fall Edition - September Winter Edition - December Quotes should be submitted as an annual (12- month) cost with Four (4) printink jobs of the Baldwin Park NOW, one of which include an additional 32 -pa ,-e Recreation Guide insert. Additional recommendations for cost saving are welcome and should be quoted separately as not to dilute the original quote for comparison. U11210-RM, Interested and qualified firms shall deliver six (6) hardeopies of their proposal, prepared in accordance with the instructions in this RFP by 5:00pm on Monday, August 22, 2013. All proposals shall be addressed and delivered to the below: Manuel Carrillo Jr., Director of Recreation and Community Services City of Baldwin Park 4100 Baldwin Park Boulevard Baldwin Park, CA 91.706 Faxed or electronic proposals will not be accepted. The City will not entertain sales calls or presentations during the RFP process. Questions may be addressed to: Rudolph R. Galindo, Program Supervisor 4100 Baldwin Park Boulevard Baldwin Park, CA 91706 Email: r alg indonbaldwinpark.com Office: (626) 813 -5245, Ext. 310 3 After proposals have been received and reviewed, the City may request a follow -up meeting with selected applicants ensure vendor's quality and capability. 6. PROPOSAL CONTENT Vendors desiring to respond shall submit proposals in sufficient detail to allow a thorough . evaluation and comparative analysis. The proposals should be as brief and concise as possible, without sacrificing clarity or the required information. The proposals shall include as a minimum the following information, presented in a readily understood and logical format: a. Statement of project understanding containing any suggestions regarding special concerns the City should be made aware o£ The proposal should include any additional works tasks the proposer feels are necessary for the successful completion of the project. b. A list of similar printing projects the vendor has completed within the last five years. Tnformation on the completed projects shall include project name and description, agency client name along with contact information, year completed, contract fee, and final project cost. c. A schedule of the proposed timeline for printing of the publication every other month. The schedule shall include amount of time for each print job, indicating ability to perform the required services in a timely manner. d. A fee proposal The City of Baldwin Park will evaluate all timely submitted proposals. The evaluation will be based on the technical information and qualifications presented in the proposal, project fees, and reference checks. Qualified proposers will be invited for an interview. Proposals will be evaluated on many criteria deemed to be in the City's best interests, including, but not limited to and in no order of importance: • Cost • Quality • Service • Timeliness • Ability to meet specifications • If applicable, use of recycled or environmentally friendly materials 8. ESTABLISHMENT OF CONTRACT The City will select the Contractor based on qualifications, and then negotiate a contract price based on available funding. 0 01110"061a ,' i The following minimum insurance coverage is required of the Contractor and all sub- contractors. a. Commercial general liability insurance or equivalent form, with a combined single Limit of not less than $1,000,000 per occurrence; b. Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits not less than $1,000,000 per accident; c. Business automobile liability insurance, or equivalent form, with a combined single Limit of not less than $1,000,000 per occurrence; (insurance shall include coverage for owned, hired and non -owned automobiles.) All Certificates of Insurance of shall be provided for all the above insurance requirements. In addition, the City and each of its officer, employees and agents shall be named as additional insured on the commercial general liability policy with respect to the performance by the Contractor and all sub - contractors. The City will accept only Additional Insured (Form B), CG2010, with an edition date prior to 1993, unless approved otherwise by the City Attorney or proof the policy automatically names the above as additional insured. 10. PROFESSIONAL SERVICES AGREEMENT A. No change in the scope of contract services will be permitted without mutual written approval by the City and Contractor. B. The successful proposer and any sub - contractors are required to obtain business licenses from the City of Baldwin Park. 11. CITY RESPONSIBLITIES The City of Baldwin Park will be responsible for providing electronic files of both publications for printing. 12. ACCEPTANCE AND PAYMENT Vendor will receive payment for each project subsequent to successful delivery of all copies to the post office and administration. 13. RIGHT TO REJECT PROPOSALS a. The City of Baldwin Park reserves the right to reject any or all proposals submitted, and no representation is made hereby that any written contract will be issued pursuant to this RFP or otherwise. b. The City also reserves the right to award a portion of work or combination, thereof. 5 C. All costs incurred in the preparation of the proposal, the submission of additional information and /or any aspect of a proposal prior to award of a written contract will be borne by the proposers. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by the respondent. All proposals submitted to the City of Baldwin Park become property of the City and subject to public review in accordance with the California Public Records Act. C.9 1� BALDWIN P , d . R , K TO: FROM: Date: SUBJECT: Honorable Mayor and Members of th Craig A. Graves, Interim Finance Din August 07, 2013 Warrants and Demands AUG ITEM . - it_ V The purpose of this report is for the City Council to ratify the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The attached Claims and Demands report format meets the required information in accordance with the Government Code. Staff reviews requests for expenditures for budgetary approval and for authorization from the department head or its designee. The report provides information on payments released since the previous City Council meeting, the following is a summary of the payments released- 1 . The two payrolls of the City of Baldwin Park consisting of check numbers 195517 — 195596. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 229484 — 230000 for the period of June 09, 2013 through July 06, 2013 inclusive; these are presented and hereby ratified, in the amount of $716,854.81. 2. General Warrants, including check numbers 196097 to196414 inclusive, in the total amount of $903,594.41 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: Staff recommends City Council ratify the attached Warrants and Demands. 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Iilll 0 IWO EE I v v �4 - 0 0 0 t� x 41 V3 x 0 0 W 10 2 OZ 1:4 01 Th z n z bi Irl 9 Od . tdi 4n tn cr, f4 0 a W 20- C4 m 000 0 rus N 1 0 tj 0', n 0 t4 m m PT 9A 4 01 Ll9 to, w bi kPF OPP MY - QQQ mms wo Novo www my Vol" 1, gap, P: g: ; F En4 8 AM 5 Rio hi 1a3 man ai V? bfl etk to soft" 0' 0 QQ RIN .1 14 Q UN to A m Am w H vw" 4'U ili 02 A w w w w m MH 515;5 AN- 000s ME PH Is s k3 sit 1101 m i W, NNW -FIR ti Q 0 0 is 2 �i Q, INN La C11 ntt Si w f-� Q . a. M4 , OR, xYs 1311 Si w f-� Q . a. M4 , OR, xYs 1 s' ■ LLllLL/ A . TO: F; no] ih Honorable Mayor and Members of the City Coun Vijay Singhal, Chief Executive Officer Craig Graves, Interim Finance Director, DATE: August 7, 2013 SUBJECT: Treasurer's Report: June 2013 The purpose of this report is to provide the Treasurer's Report for June 2013. BACKGROUND /DISCUSSION The Treasurer's Report Fists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). The report separates cash into the following three sections: • State of California Local Agency Investment Fund (LAIF) — this is where the majority of the cash is held. City cash, which accounts for the largest portion includes monies from the General Fund and all other restricted funds known as Special Funds. Money is kept in LAIF until it needs to be transferred to cover warrants (payments to vendors, contractors, etc.,), payroll, or to pay the various bond payments. • Fiscal Agent Funds - these amounts represent monies held by the various bond holders that are restricted and which have been set aside for future bond payments. • Cash- this section provides the cash balances in the various checking accounts the City uses to pay its on -going payments. The cash balances fluctuate during the year due to the timing of large payments, such as interest and principal for bonds, and due to when the City receives its major sources of revenues (such as sales tax and property tax) in December, January and May of each year. Treasurer's Report: June 2013 Page 2 FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council receive and file the June 2013 Treasurer's Report. ATTACHMENT June 2013 Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT June 30, 2013 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local 27,251,931.19 27,251,931.19 Agency Investment Fund 27,251,931.19 Varies City 0.24% Varies Housing Authority 0.24% Varies Fiscal Agent Funds - City Varies Varies Fiscal Agent Funds - Successc Varies Varies Varies 27,251,931.19 27,251,931.19 27,251,931.19 27,251,931.19 Varies 37,891.12 37,891.12 37,891.12 37,891.12 27, 289, 822.31 27,289, 822.31 27,289,822.31 27 ,289,822.31 Varies 684,482.93 684,482.93 684,482.93 684,482.93 Varies 3,564,269.25 3,564,269.25 3,564,269.25 3,564,269.25 $ 31,538,574.49 $ 31,538,574.49 4,248,752.18 $ 31,538,574.49 Total Investments $ 31,538,574.49 Cash City Checking 5,496,978.36 City Miscellaneous Cash 59,634.32 Comm. Develop. Comm. 0.00 Successor Agency 1,716,530.82 Housing Authority 261,274.58 Financing Authority 0.00 Total Cash 7,534,418.08 Total Cash and Investments $ 39,072,992.57 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 June 2013 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 si onths that all investments are in compliance to the City's Statement of Investment Policy. Approved by Director P A - R, K TO: FROM: DATE: CITY OF BALDWIN PARK CorQUt0WW#aAG NDA Honorable Mayor and City C Lili Hadsell, Chief of Police August 7, 2013 ITEM NO. ouncil Memb s SUBJECT: Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force Joint Powers Agreement PURPOSE The Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (LA IMPACT) was founded in 1991 by the Los Angeles County Police Chiefs' Association to investigate major crimes and narcotics. The City of Baldwin Park has been an active member of LA IMPACT since its inception. A recent court decision stated that that LA IMPACT, though not by design, meets the definition of a local public agency. A Joint Powers Agreement (JPA) has been drafted (Attachment 1) that will form the LA IMPACT Authority. Becoming a JPA member will provide for continued participation in LA IMPACT. BACKGROUND: Inaugurated on July 1, 1991, the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (LA IMPACT) is a compilation of numerous Federal, State and local Law Enforcement agencies in Los Angeles County whose primary focus is to investigate major crimes, with an emphasis on dismantling mid to major level drug trafficking organizations. The task force was founded by the Los Angeles County Police Chiefs' Association, who currently act as the Board of Directors. The Baldwin Park Police Department has been an active member of LA IMPACT since its inception. LA IMPACT is one of the most prolific, innovative and progressive crime task forces in the country through its wide range of abilities and expertise. Many of the task force members are seasoned investigators from a myriad of different disciplines who possess expertise outside the realm of narcotic enforcement. This enables LA IMPACT to provide a diverse range of investigative services in the areas of property crimes - financial crimes and crimes against persons; in addition to narcotic enforcement during times of mutual aid by requesting entities. LA IMPACT's primary area of expertise is narcotic enforcement. The task force is known for its surveillance capabilities and possesses the most extensive surveillance resources in California. LA IMPACT has specialized proficiency in the following areas: major drug trafficking organizations, money laundering, clandestine laboratory investigations, transportation and parcel interdiction, and gang enforcement. LA IMPACT is the primary clandestine laboratory response team for Los Angeles County. Although the mission of LA IMPACT is to address drug trafficking, Los Angeles County is considered by many to be the epicenter of street gang activity and has been plagued by the threat of gang violence and illegal drug activity for many years. As gang memberships have multiplied and crossed jurisdictional lines, rivalries have developed resulting in an escalation of violence. Gangs and drugs are two words that are synonymous. Control of the drug sales in a specific geographic area is very critical to a gang. Therefore, LA IMPACT has taken an aggressive enforcement approach and investigates gangs as a Criminal Organization by identifying the, gang leaders and its hierarchy in an attempt to disrupt and ultimately dismantle the criminal organization. 4VV_ th- California auri of AF eal issued a decision stating that LA IMPACT though not Ise zvL� NN 9 intended by member agencies to be a separate public entity, was, in fact, a local public agency whose Board of Directors meetings are subject to the open meeting requirements of the Ralph M. Brown Act. Additionally, LA IMPACT was sued in two civil lawsuits involving claims by former non -sworn contract employees. While both lawsuits were settled in the summer of 2009, the current MOU does not provide a formal mechanism to address the question of, when litigation is commenced against LA IMPACT, whether LA IMPACT or member agencies are required to fund the defense of the litigation and any settlement or judgment that may result. In light of the Court of Appeal's 2005 decision and the two lawsuits against the task force, the Board of Directors believes that operating under the informal arrangement of an MOU is no longer prudent, and that it would be in LA IMPACT's and its members' best interests to formally organize itself as a Joint Powers Authority governed by an Agreement that explicitly addresses these and other issues of legal concern. For the past two years, a working group of Police Chiefs and City Attorneys have been meeting to review the issues associated with maintaining and operating LA IMPACT. This working group drafted a Joint Powers Agreement (JPA) (Attachment 1) that will form the LA IMPACT Authority. The JPA will become effective after not less than ten (10) cities have authorized and executed the Agreement, and forty -five days have elapsed after not less than ten (10) cities have authorized and executed the agreement. Under the JPA, LA IMPACT will possess the following powers: (1) To make and enter into contracts, including but not limited to, agreements for the purpose of purchasing /leasing and or disposing of supplies and equipment; (2) To make and enter into contracts with public entities as Associate Members; (3) To receive compensation, gifts, contributions and donations of property, funds, services and other forms of financial assistance; (4) To acquire, construct, manage, maintain or operate any building, works or improvements; (5) To sue and be sued in its own name; (6) To apply for, receive and utilize appropriate grants under any Federal, State or local programs for assistance; (7) To issue bonds and to otherwise incur debts, liabilities and obligations, provided that no such bond, debt, liability or obligation shall constitute a debt, liability or obligation to the individual respective Members; (8) To appoint/hire officers, employees, agents or consultants, and adopt personnel rules and policies governing officers and employees; (9) o reimburse Member's overtime expenditures for their personnel as set forth by the Executive Director of the Authority; (10) To distribute proceeds from asset forfeiture seizures to Members and Associate Members as specified by the Agreement in accordance with rules and formulas developed by the Board of Directors; (11) To obtain all types of insurance as may be necessary to cover the liabilities of the Authority or its Members as determined by the Board of Directors; (12) To promulgate, adopt, and enforce any rules and regulations, as may be necessary and proper to implement and effectuate the terms, provisions, and purposes of this Agreement. LA IMPACT will be governed by a Board of Directors, which shall be comprised of the President of the Los Angeles County Police Chief's Association, the Police Chief of the law enforcement agency of each Member City, the Los Angeles County Sheriff or Under Sheriff, and a representative of any Federal or State agency which is a Member. The Board will also establish a thirteen (13) member Executive Committee, which shall include the President of the Los Angeles County Police Chief's Association and the Chair of the Authority. An Executive Director will administer the daily business and activities of the Authority, subject to the general supervision and policy direction of the Board of Directors and the Executive Committee. The Executive Director will provide for the appointment of support staff as may be necessary. Currently the LA IMPACT budget is approximately $4.6 million per year with the majority of the funding coming from Federal and State grants, in addition to asset forfeitures. Each agency is currently responsible for the member's salary and benefit package, and this arrangement will remain in place. LA IMPACT will also continue to reimburse each agency with a certain number of hours per month of overtime. In order to encourage maximum participation, the JPA is set up so that Members may withdraw without cost or penalty for a period of up to 180 days after Bylaws are adopted by the Authority. In conclusion, the City of Baldwin Park has been a member of LA IMPACT since inception in 1991. In light of the benefits and opportunities to help shape the policies of LA IMPACT going forward, coupled with the fact that there is a minimum of a 180 days period after Bylaws are adopted to withdraw from LA IMPACT with no penalty or cost, there is no "down-side" to becoming an LA IMPACT JPA Member City at this time. JPA reviewed for content and approved by the City Attorney. FISCAL IMPACT There is no negative fiscal impact to the General Fund. RECOMMENDATION: Staff recommends (1) City Council adopt resolution 2013-027, approving the Los Angeles 'Interagency Metropolitan Police Apprehension Crime Task Force Joint Powers Agreement ("LA IMPACT JPA") (2) Authorize the City's Membership in the LA IMPACT Authority; and (3) Authorize the Mayor to execute the JPA Agreement. Attachments: (1) City of Baldwin Park Resolution 2013-027 (2) Los Angeles Interagency Metropolitan Police Apprehension Crime Taskforce Joint Powers Agreement (3) Amendment to JPA RESOLUTION NO. 2013 -027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE JOINT POWERS AGREEMENT (LA IMPACT JPA), AUTHORIZING THE CITY'S MEMBERSHIP IN LA IMPACT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE JPA AGREEMENT. WHEREAS, the City of Baldwin Park recognizes the need for a regional crime task force with specialized proficiency in the area of surveillance to effectively investigate major crimes, with an emphasis on narcotics enforcement; and, WHEREAS, the City of Baldwin Park currently participates in the Interagency Metropolitan Police Apprehension Crime Task Force (LA IMPACT) as a signatory to a Memorandum of Understanding, and supports the concept of formally organizing LA IMPACT as a Joint Powers Authority to clarify the rights and duties of the LA IMPACT members and to provide LA IMPACT with legal standing as an entity with its own; and, WHEREAS, the Joint Powers Agreement (JPA) creates an Authority to coordinate a county -wide multi - jurisdictional crime task force; and WHEREAS, the City of Baldwin Park desires to become a member of the LA IMPACT Authority created thereto. Now, THEREFORE, the City Council of the City of Baldwin Park, California, DOES HEREBY RESOLVE as follows: 1. Pursuant to the City's authority under the Joint Exercise of Powers Act in California Government Code §6500 et seq., the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (LA IMPACT) Joint Powers Agreement, attached hereto and incorporated herein, is approved, thereby authorizing the City's membership in the LA IMPACT Authority, and 2. The City Manager is authorized and directed to execute the LA IMPACT Joint Powers Agreement to effectuate the intent of this Resolution. 3. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption and the City Clerk, or his duly appointed deputy is directed to attest thereto. 4. This Resolution is effective upon adoption. APPROVED and ADOPTED this 7th day of August, 2013. ATTEST: Alejandra Avila City Clerk Manuel Lozano, Mayor City of Baldwin Park, California APPROVED AS TO FORM.- Joseph Pannone City Attorney JOINT POWERS AGREEMENT FOR LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE (L.A. IMPACT) This Agreement is executed by and among those public agencies, duly organized and existing, which are parties signatory to this Agreement. All such public agencies, hereinafter each called a Member, shall be listed in Exhibit A to the Agreement. This Agreement is dated August 7, 2013 for reference purposes. Each public agency executing this Agreement shall be referred individually as"Member," with all referred to collectively as "Members." RECITALS WHEREAS, the Members have and possess the power and authorization to organize and establish a consolidated law enforcement task force to address criminal justice issues for the benefit of the lands and inhabitants within their respective boundaries; and WHEREAS, the Members propose to join together to establish, operate, and maintain a joint powers authority for the purpose of integrating resources and investigative efforts to address emerging criminal justice issues and for the benefit of their respective lands and inhabitants; and WHEREAS, it is in the public interest to provide a means by which other public agencies may request services for the benefit of their lands and inhabitants; and WHEREAS, the Members have the authority under the Joint Exercise of Powers Act, in California Government Code Section 6500 et seq. (the "Act"), to enter into this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein the parties hereto agree as follows: "Act" shall mean the Joint Exercise of Powers Act, in California Government Code Section 6500 et seq. "Authority" shall mean the LOS ANGELES INTERAGENCY METROPOLITAI POLICE APPREHENSION CRIME TASK FORCE (L.A. IMPACT) created by th Agreement. i "Associate Member" means a public agency which is a party to an Associate Membership Agreement entered into between the Authority and such public agency pursuant to Article 4 hereof. "Bylaws" shall mean guidelines adopted by the Board of Directors setting forth policies and procedures for the operation of the Authority and for the exercise of the Board's powers granted in this Agreement. "Controller" shall mean the chief financial officer desiqnated with the primary_ responsibility for financial accounting and reporting. "Executive Committee" shall mean the Executive Committee of the Board of Directors of the Authority. "Fiscal Year" shall mean that period of twelve months which is established by the Board of Directors or the Bylaws as the fiscal year of the Authority. "Government Code" shall mean the California Government Code, as it may be amended from time to time. "Member(s)" means any public agency as the term "public agency" is defined by Section 6500 of the Joint Powers Law, which includes, but is not limited to, any federal, state, county, city, public corporation, public district of this state or another state, or any joint powers authority formed pursuant to the Joint Powers Law by any of these agencies which has executed this Agreement and has become a member of the Authority. I ; 01 ION 0 • 2.01 The purpose of the Authority is to establish a separate organization for the exercise of powers common to the Members, which may include promoting coordinated law enforcement efforts and facilitating the integration, investigation and sharing of criminal justice information, data, and issues in the manner set forth in this Agreement. 2 a) Target, investigate, and cause to be prosecuted individuals who trganize, direct, finance, or otherwise engage in drug trafficking enterprises or rnoney laundering, placing a high priority on those subjects engaged in the importation • drugs and to interdict such illicit supply lines and seize their drugs. b) Identify, cause to be prosecuted and ultimately cause to be convicted drug traffickers and to seize assets derived through drug trafficking through the effective methods of a task force approach. c) Use short and long term investigations to focus • the eradication • criminal activity within street gangs by extracting the criminal hierarchy and disrupting the organizational flow of street gangs. d) Assist Members or Associate Members, when requested, in criminal investigations, lending of equipment, sharing of information, providing support personnel, specialized expertise, training or other needs that the Authority can provide at the time the request is made. e) Assist non-Member agencies, when requested and with the approval of the Executive Director or designee, in criminal investigations, lending of equipment, sharing of information, providing support personnel, specialized expertise, training or other needs that the Authority can provide at the time the request is made. f) Apply for grants and implement programs to address issues of narcotics, terrorism and Homeland Security. $a Ilia kilo 3.01 Each Member, as a party to this Agreement, certifies that it intends to and does contract with all other Members as parties to this Agreement and with such other public agencies as later may be added as parties to this Agreement. 3.02 This Agreement shall become effective, and the Authority shall come into existence, when the following event occurs (the "Effective Date"): a) This Agreement is authorized and executed by not less than ten (10) public agencies; and • Forty-five days has elapsed after the authorization and executi • not less than ten (10) public agencies. • 3.03 I'he Board shall also designate a period, which shall be not less than 180 days after the Bylaws are adopted, during which Members may submit written notice • immediate withdrawal from the Authority. There will • no costs for any 3 Member that withdraws from the Authority within this time period. It is the intent of the Members that Bylaws will be developed and adopted by the Board, as authorized under Section 6.04(a), and that the Authority will seek applicable and necessary liability coverage during this period. Notice shall be given to all Members pursuant to Section 18.02 within five (5) days of adoption of the Bylaws. The notice shall include a copy of the adopted Bylaws and a statement of the extent and type of liability coverage which the Authority can obtain. After the Bylaws have been adopted, Members may withdraw from the Authority during the specified period in accordance with the provisions of this Section 3.03. After expiration of said stated time period, any Member may withdraw from the Authority in accordance with Article 16 hereinbelow. ARTICLE 4 ASSOCIATE MEMBERSHIP AGREEMENT 4.01. Power to Enter Into Associate Membership Agreements. In addition to those powers specified in this Agreement, the Authority shall have the power to enter into Associate Membership Agreements with any public agency upon the approval thereof by the Board. 4.02. Contents of Associate Membership Agreement. Each Associate Membership Agreement shall: a) State that the public agency is an Associate Member of the Authority. b) Specify that the purpose of the Associate Membership Agreement is (i) to facilitate cooperation between law enforcement agencies to carry out the stated purposes of the Authority; and/or (ii) to contribute law enforcement personnel, who shall remain under the general direction and control of the respective Associate Member agency to which they belong, to the Authority to assist in carrying out the activities of the Authority. C) Restrict the powers and obligations of such public agency wi respect to the Authority to those enumerated in this Article 4; 1 e) Specify the fees, if any, to be charged such public agency for i participation in the Authority; and i U f) Specify to what extent, if any, the Associate Member may share in asset distributions. 4.03. Approval of Associate Membership Agreements. In determining whether to approve an Associate Membership Agreement with a public agency which proposes to be an Associate Member, the Directors may take into account any criteria deemed appropriate to the Directors. 5.01 The Authority shall possess in its own name, and the Members delegate to it, the following enumerated powers: a) To make and enter into, in its own behalf and not on behalf of the individual Members, contracts consistent with this Agreement, including, but not limited to, contracts to purchase/lease and/or dispose of supplies and equipment,. b) To receive gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity, in accordance with applicable Los Angeles County Conflict of Interest Code and State conflict of interest laws. c) To sue and be sued in its own name. d) To apply for appropriate grants under any Federal, State, or local programs for assistance in developing any of its programs or providing services to other public entities. e) To issue bonds and to otherwise incur debts, liabilities and obligations, provided that no such bond, debt, liability or obligation shall constitute a debt, liability or obligation of the individual respective Members. D To appoint committees, adopt rules, regulations, policies, Bylaw and procedures governing the operation of the Authority. i • To add Members or Associate Members to the Authority as approved • the Authority Board • Directors and the existing Members as provided herein. h) To appoint/hire officers, employees, agents, • consultants and adopt personnel rules and policies governing officers and employees. i) To reimburse Members for overtime expenditures of a Memberc contributed personnel who is/are assigned to assist in carrying out the activitiE2 0 of the Authority as directed by the Executive Director of the Authority and approved by the Executive Committee in accordance with Section 13.06 of this Agreement. Said overtime expenditures, if any, shall be paid in accordance with all applicable State and Federal laws, including the Fair Labor Standards Act. j) To purchase equipment with prior approval by the Executive Director and pursuant to a purchasing policy adopted by the Board • Directors in ,9ccord,2tce with Section 5.04. k) To distribute proceeds from asset forfeiture seizures to Members, and to A.-,qnr.iqtp Mprnhers as applicable, in accordanne with rules and formula specified in the Bylaws and applicable Federal and State law. 1) To assign personnel contributed from the Members or Associate Members to positions that fulfill the needs of the Authority, who shall remain under the general direction and control of the respective Member or Associate Member agency to which such personnel belong. m) To invest and manage Authority funds, by and through the Treasurer, in accordance with State law. n) To obtain all types of insurance as may be necessary to cover the liabilities of the Authority or its Members as determined by the Board. o) To exercise such other powers and authority as are necessary and proper to carry out its functions herein, and as provided in the Act. 5.02 Each Member expressly retains all rights and powers to investigate, finance, plan, develop, construct, equip, maintain, repair, manage, operate and control equipment, facilities, properties, projects, and information that it deems in its sole discretion to be necessary or desirable for its own criminal justice needs, and that are authorized by the laws governing it. This Agreement shall not be interpreted, and the Authority created herein, shall not have the power to impair or control any of the Members' respective rights, powers, or title to such investigations, equipment, facilities, properties, information, and projects, nor shall any Member be required to provide additional personnel, equipment, or services to the Authority than as provided in this Agreement, without the written consent of the Member. 5.03 Each Member expressly retains all rights and powers to use other funds or funding sources to investigate, finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment and facilities for their criminal justice needs. R its powers in the same manner as the City of Los Angeles is restricted in its exercise of similar powers; provided that, if the City of Los Angeles shall cease to be a Member, then the Authority shall be restricted in the exercise of its power in the same manner as the City of Long Beach. AI 6.01 Composition of Board. The Authority shall be governed by the Board of Directors, which shall be composed of the President of the Los Angeles County Police Chiefs Association, the Police Chief of the city law enforcement agency of each Member city, the Los Angeles County Sheriff, and any designated representative of any Federal or State agency which is a Member. The Police Chief of the City of Los Angeles and the Los Angeles County Sheriff may designate an alternate to act in his/her place on the Board, provided the alternate is a person at executive command rank. Each Member shall provide a written designation of its Director representative to the Authority. The Board shall maintain a list of all current Members in good standing who serve on the Board, including but not limited to any Federal or State agency which is a Member. The Board of Directors may allow for an alternate of the designated representative to the Authority in accordance with the Bylaws of the Authority. 6.02 Termination of Status as Director. A Director shall be removed from the Board of Directors upon the occurrence of any one of the following events: a) The withdrawal or removal of the Member from the Authority; b) The death or resignation of the Director; c) The Authority's receipt of written notice from the Member that the Director is no longer qualified as provided in Section 6.01 of this Article. 6.03 Compensation. Directors and their alternates, if any, are not entitled to compensation by the Authority. The Board of Directors may authorize reimbursement of expenses incurred by Directors in the performance of services for the Authority where such expenses are not paid by the employing Member. 6.04 Powers of Board. The Board of Directors shall have the following powers and functions: a) Except as otherwise provided in this Agreement, the Board shall exercise all powers and conduct all business of the Authority, either directly or by delegation to other bodies or persons. The primary objective of the Board is to establish overall policy and strategy. As such, the Board may adopt Bylaws or other guidelines setting forth policies and procedures for the operation of the Authority and for the exercise of the Board's powers granted herein. N b) The Board shall form an Executive Committee, as provided in Article 8. The Executive Committee may exercise all powers or duties of the Board, except (i) the adoption of the Authority's annual budget or any amendments thereto, (ii) the adoption of the Bylaws or any amendments thereto, and (iii) the issuance of bonded debt, which powers are expressly reserved to the Board. All actions by the Executive Committee shall be subject to review, and approval, modification or disapproval, by the Board at its discretion. c) The Board may form, as provided in Article 10, such other advisory committees as it deems appropriate or it may delegate such power to the Executive Committee in the Bylaws or by resolution of the Board. The membership of any such other committee may consist in whole or in part of persons who are not members of the Board. d) The Board shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget of the Authority. To the extent that the budget includes funding by Members, such funding is subject to approval by the governing bodies of those Member agencies. Adoption of the budget may not be delegated. e) The Board shall receive, review and act upon periodic reports and audits of the funds of the Authority, as required under Articles 10 and 13 of this Agreement. f) The Board shall develop the rules and formula for the distribution of proceeds from asset forfeiture seizures, consistent with applicable Federal and State law, to its participating Members and Associate Members which are reasonably related to each such participant's contribution of personnel and/or participation in the activities of the Authority. g) The Board shall have such other powers and duties as are reasonably necessary to carry out the purposes of the Authority including but not limited to adopting contracting and purchasing rules and regulations, in accordance with Section 5.04, internal financial controls, personnel rules and regulations, and similar rules and regulations consistent with State law governing public agencies. h) Meetings of the Board of Directors, Executive Committee, and any other "legislative body" of the Authority, as that term is defined in Section 54952 of the Government Code, shall be called, noticed, and conducted in accordance with the Ralph M. Brown Act, Section 54950 et seq. of the Government Code. ARTICLE 7 7.01 Regular Meetings. The Board of Directors shall hold at least two (1 regular meetings each year. The Board of Directors shall fix by resolution or I M the Bylaws the date upon which, and the hour and place at which, each regular meeting is to be held. 7.02 Minutes. The Authority shall have minutes of each regular, adjourned regular, and special meetings kept by the Secretary. As soon as practicable after each meeting, the Secretary shall forward to each Board mem•er,a copy • the minutes of such meeting. 7.03 Quorum. A majority of all members of the Board and the Executive Committee, respectively, is a quorum for the transaction of business. A vote of thin mpinrit\/ of a ni inn im at a meetinn of the Board or the Executive Committee is sufficient to take action unless otherwise provided in the Bylaws; except that a majority of all members of the Board is required in order to take action on: (i) the adoption of the Authority's annual budget and any amendment(s) thereto, (ii) the adoption of the Bylaws and any amendment(s) thereto, and (iii) the issuance of any bonded debt of the Authority. However, less than a quorum may adjourn from time to time but may not take action on matters before the Board or Executive Committee. 7.04 Voting. Each Member of the Board shall have one vote. ARTICLE 8 EXECUTIVE COMMITTEE 8.01 The Board shall establish an Executive Committee which shall consist of a total of thirteen (13) Directors selected from the Board, which shall include the President of the Los Angeles Police Chiefs Association, the Sheriff of the County of Los Angeles or his/her designee (provided such designee shall be at an executive command level) and the Chair of the Authority designated pursuant to Article 9. Except as otherwise provided herein, the composition, the terms of office of the Directors, and the conduct of the Executive Committee shall be as provided in the Bylaws, The Executive Committee shall conduct the business of the Authority between meetings of the Board, exercising all those powers as provided for in Section 6.04(b), or as otherwise delegated to it by the Board. 8.02 Each Director • the Executive Committee shall be confirmed and approved • the Board • Directors, and, with the exception • the President • the Los Angeles County Police Chiefs Association, must be a Member with personnel assigned to the taskforce. 8.03 Any vacancy on the Executive Committee shall be filled by the Board within ninety (90) days of the vacancy. • 11 9.01 The Board shall nominate and elect a Chair, Vice Chair, and Secretary of the Authority, each for a term of two (2) years, from among the Directors at its last meeting of every other Fiscal Year. Each officer shall assume the duties of the respective office upon election. If an officer ceases to be a member of the Board, the resulting vacancy shall be filled at the next regular meeting of the Board held after the vacancy occurs or at a special meeting of the Board called to fill such vacancy. In the absence or inability of the Chair to act, the Vice Chair shall act as Chair. The Chair shall preside at and conduct all meetings of the Board. The Board may appoint such other officers as it considers necessary and as provided in the Bylaws. ARTICLE 10 COMMITTEES 10.01 The Board may establish advisory committees as it deems appropriate or it may, in the Bylaws or by resolution, delegate such power to the Executive Committee. Members of committees shall be appointed by the Board or the Executive Committee. Each committee shall have those duties as determined by the Board or the Executive Committee or as otherwise set forth in the Bylaws. Each committee shall meet on the call of its chairperson, and shall report to the Executive Committee and the Board as directed by the Board or the Executive Committee. ARTICLE 11 BV! 5?41110 OWN COMMITTEE MEMBERS 11.01 The members of the Board of Directors, officers and committee members of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No Director, officer or committee member shall be responsible for any action taken or omitted by any other Director, officer or committee member. No Director, officer or committee member shall be required to give a bond or other security to guarantee the faithful performance of his or her duties pursuant to this Agreement. The Authority shall acquire and maintain insurance protection as is necessary to protect the interest of the Authority and its Members in its administration of the Authority in accordance with Section 14.06 below. 12.01 Principal Staff. The following staff members shall be appointed by and serve at the pleasure of the Executive Committee: 10 a) Executive Director. The Executive Director shall administer the daily business and activities of the Authority, subject to the general supervision and policy direction of the Board and the Executive Committee; shall be responsible for all minutes, notices and records of the Authority; shall administer all contracts; may enter into contracts within authority set by the Board or Executive Committee, and shall perform such other duties as are assigned by the Board or Executive Committee. The Executive Director shall be a peace officer employed by one of the Members or Associate Members of the Authority and shall have obtained senior law enforcement management rank that will provide a range of oninr tinnnI rnnnhifitx/ to thim Ai ithority. b) Legal Counsel. With the approval of the Board, legal counsel shall be provided by one or more Member agencies to serve as general counsel ("General Counsel") to the Authority, except to the extent that among those agencies, conflicts of interest prevent such representation. The specific and ongoing duties of General Counsel may be rotated, as determined among those agencies, and shall be on a voluntary basis at no cost to the Authority. However, nothing in this Agreement shall prevent or be construed to prevent the Authority from seeking and engaging legal counsel from a private legal firm to handle any matter, subject to the approval of the Executive Committee. 12.02 Support Staff. Subject to the approval of funding in the Authority's budget and to the general supervision and direction of the Board and Executive Committee, the Executive Director shall provide for the appointment of such other staff as may be necessary for the administrative support of the Authority, which staff shall be employees of the Authority. Upon mutual agreement, a Member may provide supplemental administrative support services in exchange for reimbursement by the Authority, or as a contribution credit for services. Administrative personnel of a Member performing these functions remain employees of the contributing Member, and are not employees of the Authority. 12.03 Treasurer and Controller. Pursuant to Section 6505.5 of the Act, the City of La Verne Treasurer and Controller are hereby designated as the Treasurer and Controller, respectively, of the Authority. The Treasurer shall be the depository and have custody of all funds of the Authority. The Controller shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. The Treasurer and Controller shall have the duties and obligations set forth in Section 6505 and 6505.5 of the Act, as those sections may be amended from time to time. To the extent permitted by the Act, the Board of Directors may change the Treasurer and Controller of the Authority to any person or entity that is authorized by the Act to occupy such offices. 12.04 Compensation. With the exception of payments to the City of La Verne for work performed by the Treasurer and Controller, per a written agreemen) 11 approved by the Board of Directors for financial services, there shall be no direct compensation paid by the Authority to any individuals contributed by a Member or Associate Member agency to serve in the capacity as an officer of the Authority, such as the Executive Director, Treasurer, General Counsel, or any other individuals who are employed by a Member or Associate Member agency and contributed to the Authority under this Article 12. The Authority shall consider the services of such personnel as part of a formula for the purpose of the distribution of proceeds from asset forfeiture seizures as provided in Section 5.01(k) to the contributing Member or Associate Member, unless direct reimbursement is otherwise authorized pursuant to Section 12.02 or Section 13.06 of fhic Anrs=,zmznf 12.05 Personnel Contributed by Members. Participating personnel (both sworn and non-sworn) assigned to the Authority by a Member or Associate Member shall not be considered employees or contractors of the Authority for any purpose. Such personnel shall during the period of assignment remain employees of the assigning Members or Associate Members. ARTICLE 13 BUDGET, OPERATING FUNDS, AND AUDITS 13.01 Annual Budget. The Executive Director will prepare and submit to the Board of Directors in sufficient time for revision and adoption prior to July 1 of each year, the annual budget of the Authority for the next succeeding Fiscal Year. 13.02 Disbursement of Funds. The Executive Director or his/her designee shall cause to have warrants drawn for the payment of funds or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures, and by-laws adopted by the Board. The Executive Director may apply for and receive and use credit cards for the sole purpose of conducting Authority business in accordance with written rules and regulations adopted pursuant to AB 1234. 13.03 Accounting. All funds received by the Authority shall be placed in the custody of the Treasurer. These funds shall be given object accounts, and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for by the Controller in accordance with generally accepted accounting principles applicable to governmental entities. There shall be strict accountability of all funds by the Controller. All revenues and expenditures shall be reported by the Controller to the Executive Committee on a quarterly basis, unless otherwise required by the Board of Directors. 7-1 Ti I ITT117 I 1-a UU ; • 1 11 rules, policies, and procedures adopted by the Board. 12 13.05 Records and Audit. The Controller shall cause to be kept accurate and correct books of account showing in detail all financial transactions of the Members relating to the Authority, which books of account shall correctly show any receipts and also any costs, expenses, or changes paid or to be paid to a Member. Said books and records of the Authority in the hands of the Controller shall be open to inspection at all times during normal business hours by any representative of a Member, or by any accountant or other person authorized by a Member to inspect said books of records. The Controller shall cause the books of account and other financial records of Authority to be audited annually, or biennially if so authorized by the Board of Directors, by an independent certified public accountant and any cost of the audit shall be paid by the Authority. The minimum requirements shall be those prescribed by the State Controller under California Government Code section 26909 and in conformance with generally accepted auditing standards. The annual audit, or biennial as the case may be, shall be submitted to the Board of Directors and the Executive Committee when completed. 13.06 Compensation of Contributed Personnel. All participating personnel contributed and assigned to the Authority by a Member or Associate Member shall have their salary, benefits, and overtime paid by the respective Member or Associate Member. The Authority may, but is not obligated to, reimburse a Member or Associate Member for the overtime of sworn personnel and/or for salary, benefits and overtime of non-sworn personnel contributed for administrative support as authorized by Section 5.01(i) and Section 12.02, respectively and as approved by the Executive Director. It shall be the responsibility of the Authority to institute an auditing system wherein the hours worked by each individual will be documented and reported on a weekly basis, listing case reference numbers for submission in a timely manner to the individual's contributing agency. 14.01 Obligations of the Authority. The debts, liabilities and obligations of the Authority ("Authority Obligations") shall be the debts, liabilities and obligations of the Authority alone. The Authority Obligations shall not constitute debts, liabilities and obligations of any individual Member, and the Members,shall have no liability therefore. 13 coverage, as determined by the Member, in effect at all times to cover any such claim, loss, liability, or obligation, or otherwise provide for payment of such liability. Members may elect to self insure any insurance obligation under this Agreement. 14.03 Member Indemnity for General Liability of Contributed Employee. Except as provided in Section 18.05, each Member shall protect, defend, indemnify, and hold free and harmless the Authority and the other Members, their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by a contributed employee of the Member who is performing Authority law -enforcement or support, functions, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the alleged willful or negligent acts or alleged failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the Authority and for which each Member shall maintain sufficient liability coverage, pooled self-insurance coverage, or a program of self-insurance, which includes coverage for contractual promises to indemnify, in effect at all times as determined by the Board of Directors, to cover any such damage claim, loss, cost, expense, action, proceeding, liability, or obligation. 14.04 Member Indemnity for Workers Compensation Liability of Contributed Employee. Each Member shall fully indemnify and hold harmless the Authority and each other Member, its officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the respective agency or any contract labor provider retained by the law enforcement agency, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the law enforcement agency or any contract labor provider retained by the law enforcement agency. 14.05 Risk Management. The Authority shall employ the principles of sound risk management in its operations. Risks of loss shall be identified, evaluated, and treated in a manner that protects the Authority and each Member from adverse financial consequences. This may be accomplished in part through the purchase of appropriate commercial insurance. The Board of Directors may designate a Risk Manager from one of the Members (the "Authority Risk Manager") who shall act in an advisory capacity to the Board to provide guidance in the area of risk 14 management, loss control, insurance procurement, and claims management. The Authority Risk Manager or his/her designee will be responsible for maintaining the original insurance policies and other risk management and insurance documents. 14.06 Authority Indemnity of Members. The Authority shall protect, defend, indemnify, and hold free and harmless the Members, their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by staff employed by the Authority hired pursuant to Section 12.02 including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the alleged willful or negligent acts or alleged failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the Authority. 15.01 Each Member shall have the following responsibilities: a) To appoint its Director, or alternate as may be allowed, to or remove from the Board as set forth in Article 6. b) To consider proposed amendments to this Agreement as set forth in Article 18. c) To make contributions in the form of membership premiums, assessments, and fees, if any, in accordance with the Bylaws and as determined by the Board, for the purpose of defraying the costs of providing the annual benefits accruing directly to each party from this Agreement. Any such contributions are subject to approval by the governing bodies of Member agencies from whom such contributions are sought. • To provide to the Authority such other information • assistance may'be necessary for the Authority to carry out crime prevention programs !ietermined by the Board. ARTICLE 16 ADMISSION AND WITHDRAWAL OF PARTIES 16.01 Public agencies with law enforcement departments and federal and California law enforcement agencies may become Members of the Authority 15 upon approval and execution of this Agreement and under such terms and conditions as are determined by the Bylaws and upon approval of the Board. 16.02 The Executive Director shall file a notice of this Agreement within 30 days of its effective date with the office of the California Secretary of State, as required by Government Code Section 6503.5. Upon any change in membership, the Executive Director/Secretary shall file a notice of such change of membership within 10 days of its effective date with the Secretary of State and with the county clerk of each county in which the Authority maintains an office, as required by Government Code Section 53051. 16.03 Members may withdraw from the Authority in accordance with the following procedures and conditions: a) A Member may withdraw as provided and in accordance with Section 3.03 of this Agreement. b) After the expiration of the period provided in Section 3.03, a Member may withdraw as follows: (1) Effective Date of Withdrawal for a Member or Associate Member. Such withdrawal shall become effective sixty (60) days following the giving of written notice of withdrawal of participation by any Member or Associate Member agency to the Executive Director. This 60-day period will provide for the timely transfer of assignments and the selection of replacement personnel. 2) Disposition of Assets Upon Withdrawal. Upon the withdrawal of a Member or Associate Member, that agency will receive its allocation of assets, including asset forfeiture funds, accrued until the date of withdrawal. Such allocation shall be reduced by the amount of any delinquent fees or assessments owed by the Member or Associate Member. 16.04 The Board of Directors may terminate membership of any Member or Associate Member upon majority vote of the entire Board, upon the effective date set by the Board. "TA-ROGIRMN DIRROIN 17.01 Except as provided herein, the Members agree that all supplies and equipment purchased by the Authority shall be owned and controlled by the Authority as its sole and separate property and not as property of any Member. 16 and claims, distributed all assets, and performed all other functions deemed necessary by the Board to conclude the affairs of the Authority. 17.03 Termination shall occur upon: a) The written consent of two-thirds of the Board of Directors; and b) Full satisfaction of all outstanding financial obligations of the Authority; and C) All other contractual obligations of the Authority have been satisfied. 17.04 In the event of such termination of the Authority, any funds remaining following the discharge of all debts and obligations shall be disposed of by distribution to each Member who is on the Board immediately prior to the termination of the Authority, a share of such funds proportionate to the contribution made to the Authority by the Member which have accrued during its participation, to the extent determined by the Board in its sole discretion to be fair and equitable and consistent to the distribution of assets as specified in the Bylaws. 17.05 Notwithstanding any other provisions of the Agreement, the Members agree to abide by the following procedure for selling of equipment in the event the Agreement is terminated. The equipment shall be given a fair market value by an appraiser agreed upon by the Board. Before the equipment is sold on the open market, each Member shall have the right to purchase the equipment at a price and under terms as agreed upon by the Board which may include a financing arrangement for the purchaser to allow for a transition period after the termination of this Agreement. If an agreement cannot be reached concerning a purchase of the equipment, then it shall be sold on the open market. Proceeds from the sale of equipment upon termination of the Agreement shall be distributed to the Members in a manner consistent with the distribution of assets as provided in the Bylaws, and any modifications to that formula adopted by the Board. 18.01 Amendments. This Agreement may be amended with the majority approval of the Members; provided, however, that no amendment may be made that would adversely affect the interests of the owners of bonds, letters of credit, or other financial obligations of the Authority. 17 18.02 Notices. Any notice required or permitted to be made hereunder shall be in writing and shall be delivered in the manner prescribed herein at the principal place of business of each party. The party may give notice by: Personal delivery; E-mail; U.S. Mail, first class postage prepaid; Facsimile; or, Any other method deemed appropriate by the Board. At any time, by providing written notice to the other parties to this Agreement, any party may change the place, facsimile number or e-mail for giving notice. All written notices or correspondence sent in the described manner will be deemed given to a party on whichever date occurs earliest: The date of personal delivery; The fifth business day following deposit in the U.S. mail, when sent by "first class" mail; or, The date of transmission, when sent by e-mail or facsimile. 18.03 Effective Date. This Agreement shall be effective at such time as provided in Section 3.02. 18.04 Conflicts of Interest. No official, officer or employee of the Authority or any Member shall have any financial interest, direct or indirect, in the Authority. Nor shall any such officer or employee participate in any decision relating to the Authority that affects his or her financial interests or those of a corporation, partnership, or association in which he or she is directly or indirectly interested, in violation of any State law or regulation. The Authority shall be subject to a Los Angeles County Conflict of Interest Code, as adopted by the Board of Supervisors, and must comply with all filing and other requirements as set forth therein and in State law. 18.05 Dispute Resolution and Arbitration. Disputes regarding the interpretation or application of any provision of this Agreement shall first, to the extent reasonably feasible, be resolved by and between any Members, or by and between any such Member and the Authority, through consultation between the parties. In the event the parties cannot resolve their dispute, then the Executive Committee shall form a subcommittee of three non-interested, objective Members of the Executive Committee who may resolve the dispute. [U-9 In the event the dispute cannot be resolved by the subcommittee of the Executive Committee, as provided hereinabove, the parties to the dispute agree to resolve the matter through non-binding mediation by a mediator to be mutually selected by the disputing parties, unless the parties agree to a different process for dispute resolution. Either Party may take other available legal actions only after the procedures for alternative dispute resolution as specified in this Section 18.05 are complied with and completed. 18.06 Partial Invalidity. If any one or more of the terms, provisions, sections, promises. covenants or conditions of this Aqreement shall to any extent be adjudged invalid, unenforceable or void for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 18.07 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Members hereto. 18.08 Assignment. No Member may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any Member shall have any right, claim, or title to any part, share, interest, fund or asset of the Authority. 18.09 Governing Law. This Agreement is made and to be performed in the County of Los Angeles, State of California, and as such California substantive and procedural law shall apply. 18.10 Headings. The section headings herein are for convenience only and are not to be construed as modifying or governing the language of this Agreement. 18.11 Counterparts. This Agreement may be executed in counterparts. 18.12 Execution. The legislative body or governing body of each Member enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. 18.13 Entire Agreement. This Agreement, supersedes any and all other agreements whether oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or modification of this Agreement shall be effective only if executed in writing and signed by the Authority and all Members. 19 AMENDMENT TO JOINT POWERS AGREEMENT FOR OS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE (L.A. IMPACT) This Amendment to the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (L.A. IMPACT) Joint Powers Agreement ("Agreement") is made and entered into by and between those public agencies duly organized and existina. ' which are parties signatory to the Agreement and listed on Exhibit A to the Agreement. NUXAFEW WHEREAS, the Members have entered into the Agreement which formed the public entity known as the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force Authority (hereinafter the "Authority"); and WHEREAS, Members of the Authority contribute their own personnel to a cooperative pool of personnel to provide service to the Authority; and WHEREAS, the Agreement provides that the state of California may join the Authority as a Member; and WHEREAS, Government Code section 6522 provides that the contracting participation goals set out in the Military and Veterans Code section 999 et seq. are to become part of any joint powers agreement entered into by the State of California; and WHEREAS, the Members wish to amend the Agreement to include the state's contracting participation goals. WHEREAS, the Agreement provides in Sections 14.03 and 14.04 that each Member will indemnify the Authority as well as other Members for the general liability and worker's compensation liability caused by the Member's contributed personnel who perform law enforcement or support functions; and WHEREAS, the Agreement provides in Section 14.06 that the Authority will indemnify the Members for the general liability caused • staff employed by the Authority; and �--11 1 M11 g -0 &A 1 LTJ Rd I I I GI-Z1 W1 A • 1 V4742 a ma I I &-avyl 14 sa: I I im oil 101 .• - I , , •• 1240-Jr.1•1• 1 • Ing 11 Wow Page 1 Members, provided that Associate Members agree to indemnify the Authority, its Members, and its Associate Members in the same manner as Members under the Agreement. NOW THEREFORE, in consideration of the foregoing, the Members agree to amend the Agreement as follows: 1. Section 5.01 paragraph (a) of Article 5 Powers shall be amended to read as follows: a) To make and enter into, in its own behalf and not on behalf of the individual Members, contracts consistent with this Agreement, including, but not limited to, contracts to purchase/lease and/or dispose of supplies and equipment. The participation goals specified in Article 6, of Chapter 6 of Division A of the Military and Veterans Code, commencing with section 999, will apply to contracts executed by the Authority. 2. Section 4.02 Contents of Associate Membership Agreement shall be amended by adding subsection "g" as follows: g) Contain provisions to provide indemnity to the Authority, its Members, and other Associate Members, such as is set forth in the Agreement sections 14.03, 14.04 and 14.06. 3. Section 14.03 Member Indemnity for General Liability of Contributed Employee shall be amended to read as follows: Member Indemnity for General Liability of Contributed Employee. Except as provided in Section 18.05, each Member shall protect, defend, indemnify, and hold free and harmless the Authority, the other Members and Associate Members, and their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by a contributed employee of the Member who is performing Authority law enforcement or support functions, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the alleged willful or negligent acts or alleged failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the Authority and for which each Member shall maintain sufficient liability coverage, pooled self-insurance coverage, or a program of self-insurance, which includes coverage for contractual promises to indemnify, in effect at all times as determined by the Board of Directors, to cover any such damage claim, loss, cost, expense, action, proceeding, liability, or obligation. 4. Section 14.04 Member Indemnity for Workers Compensation LiabilitV • Contributed Employee shall be amended to read as follows: Page 2 Member Indemnity for Workers Compensation Liability of Contributed Employee. Each Member shall fully indemnify and hold harmless the Authority, the other Members and Associate Members, and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the respective agency or any contract labor provider retained by the law enforcement agency, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the law enforcement agency or any contract labor provider retained by the law enforcement agency. 5. Section 14.06 Authority Indemnity of Members shall be amended to read as follows: Authority Indemnity of Members. The Authority shall protect, defend, indemnify, and hold free and harmless the Members and Associate Members, their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by staff employed by the Authority hired pursuant to Section 12.02 including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the alleged willful or negligent acts or alleged failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the Authority. 6. All terms and conditions set forth in this Amendment are incorporated by this reference into the Agreement. This Amendment modifies the Agreement only as expressly set forth above. This Amendment does not modify, alter or amend the Agreement in any other way whatsoever. Except as expressly set forth herein, all terms and conditions of the Agreement shall remain in full force and effect. 7. This Amendment shall be effective upon the approval by a majority of the Members of the Authority. This Amendment may be signed in counterparts. IN WITNESS WHEREOF, each Member has caused this Amendment to be executed ,,-jnd attested by its proper officers thereunto duly authorized, its official seals to be hereto affixed, as follows: Page 3 CITY OF BALDWIN PARK Authorization .7or Amendment to the LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE (L.A. IMPACT) JOIUT PO IN WITNESS WHEREOF, the City of Baldwin Park, by Resolution of its City Council, has caused this Amendment to be executed on its behalf by the Chief Executive Officer, and attested by the City Clerk, as of the date so executed below. i Lqmm ffli 1 � 9 • -• a , • - 915=17111120 N YKE - M Page 4 Vijay Singhal Chief Executive Officer P � A - R- K TO: Honorable Mayor and Members of the City Council FROM: Marc Castagnola, AICP, Community Development Manager' DATE: August 7, 2013 SUBJECT: Second reading of Ordinance 1355. The addition of Section 153.170.105 to the City's Municipal Code relating to billboards (Location: Existing billboard locations within the City; Applicant: City of Baldwin Park; Case Number: AZC -173) This report requests City Council approval of Ordinance 1355 adding Section 153.170.105 to the City's Municipal Code relating to billboards. BACKGROUND /DISCUSSION This Ordinance was introduced at the City Council meeting on July 17, 2013 for first reading, and at that meeting Ordinance 1355 was approved by the City Council. This Ordinance adds Section 153.170.105 to the Baldwin Park Municipal Code. RECOMMENDATION Staff recommends that the City Council adopt Ordinance 1355 on second reading, read by title only and waive any further reading thereof. ATTACHMENTS *Attachment #1, Ordinance 1355 REPORT PREPARED BY: Amy L. Harbin, AICP, City Planner CAAmy\HMY\WORD \Reports \Council Reports\AZC -173 2nd reading.doc ORDINANCE NO, 1355 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 153.170.105 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO BILLBOARDS WHEREAS, while billboards located within the City can provide a reliable means of advertising and communication, they also can be detrimental to the safety, aesthetics and general welfare of the community; WHEREAS, owners of a billboard, at times, desire_ to imtnrnve the safety aesthetics and general welfare of the community as part of a program to use available state -of -the art technology to upgrade a billboard; WHEREAS, such a program creates a benefit for the community; WHEREAS, an intent of the State Outdoor Advertising Act (Business and Professions Code sections 5200 et seq.) (the "Act ") is to protect the property rights of billboard owners, while recognizing the impacts on safety, aesthetics and the general welfare that can result on a local community from billboards; WHEREAS, in balancing those important and sometimes competing goals, the Act provides for a process for a billboard owner and local community to agree to establish parameters, objectives and conditions for removal of existing billboards and installation of new billboards; WHEREAS, the removal of existing old billboards and the installation and maintenance of other aesthetic elements of the community are a reasonable exchange for the replacement of older billboards with newer state -of- the -art billboards; WHEREAS, the newer state -of- the -art billboards will provide area businesses with additional advertising opportunities in a manner that minimizes visual clutter and provides an orderly, attractive, high quality image of the City; and WHEREAS, the newer billboards present critically important "Amber Alert" community. can be quickly and effectively utilized to and other public safety messages to the NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, the City Council determines the public health, safety and general welfare of the City of Baldwin Park, its residents, property owners, Ordinance 1355 - Page 2 businesses and visitors can be enhanced by amending the Baldwin Park Municipal Code (BPMC) to allow a regulated removal and replacement of older billboards; and it is in the best interest of the community to amend the BPMC accordingly. SECTION 2. Based on the foregoing findings and determinations, the BPMC is amended to add Section 153.170.105, to read as follows: Section 153.170.105 Digital Billboard Replacement Notwithstanding any other provision of this code, a Digital Billboard (as defined below) may he installer) with ropy visible from within any interstate Freeway Corridor (as defined below), subject to all the following: (A) Digital Billboard shall mean any off -site Advertising Display, as defined in California Business and Professions Code (BPC) § 5202, that uses state- of -the- art digital technology, (B) Interstate Freeway Corridor means the area comprised of any Interstate Highway (as defined in BPC § 5215) or within 660 feet from the edge of the right - of -way (as defined BPC § 5222), (C) each Advertising Structure (as defined in BPC § 5203) used to support a Digital Billboard shall replace an existing Advertising Structure located within an Interstate Freeway Corridor, (D) the Digital Billboard owner: (1) receives Caltrans' approval, as necessary and (2) executes an agreement with the City by which each owner agrees to (i) indemnify, defend and hold harmless the City from any and all claims, lawsuits, awards and judgments, including any reasonable attorney's fees and court costs, that may arise from the approval of a Digital Billboard and associated Advertising Structure and removal of an applicable Advertising Structure, pursuant to this section or any other provision of this code, subject to the terms of that agreement and (ii) comply with any and all required mitigation measures, conditions of approval and all applicable provisions of this section and this code, (E) the property owner upon which a Digital Billboard is to be erected executes an agreement with the City by which that owner consents to City's entry onto his /her /its property to remove that Digital Billboard and associated Advertising Structure, as permitted in the agreement, and by which that owner releases and indemnifies the City from liability for that permitted removal, Ordinance 1355 - Page 3 (F) the new Advertising Structure cannot be used to support more than two Digital Billboards with each one facing in different directions, (G) the entire portion of an Advertising Structure that comprises the active display face of a Digital Billboard shall not be more than forty -eight feet (48') in width, fourteen feet (14 ") in height nor six hundred seventy -two (672) square feet in area; provided, that, in addition, an apron for a Digital Billboard can extend up to a maximum of approximately thirty -six (36) inches below that Digital Billboard face, (H) the overall height of the Advertising Structure that includes a Digital Rillhoard shall not be more than forty -five feet (453') as measured from the highest point of closest Interstate Highway, (1) a Digital Billboard shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre -set distance of two hundred fifty feet (250') perpendicular to the display face of the Digital Billboard, Each Digital Billboard shall have a light sensing device that will automatically adjust the brightness of the Digital Billboard to meet that foot candle requirement, as ambient light conditions change, (J) if four or less Advertising Structures are being replaced by new Advertising Structures with Digital Billboards, then at least eight additional display faces and the Advertising Structures supporting the eight additional display faces must be permanently removed from the City by the Digital Billboard owner receiving the approval and the removal of all the display faces and their respective Advertising Structures to be removed shall be completed prior to construction by that owner of any Advertising Structure, including a Digital Billboard, (K) if five or more Advertising Structures are being replaced by new Advertising Structures with Digital Billboards, then for each new Advertising Structure, above four new Advertising Structures, at least two additional display faces and the Advertising Structures supporting the additional display faces must be permanently removed from the City by the Digital Billboard owner receiving the approval and the removal of all the display faces and their respective Advertising Structures to be removed shall be completed prior to construction by that owner of any Advertising Structure including a Digital Billboard, (L) a Digital Billboard shall only display a series of stilt images and each still image must be displayed for a minimum of eight consecutive seconds. No still image shall have animation, movement, or the appearance or optical illusion of movement of any part of the Advertising Structure and each still image shall not include flashing, scintillating lighting or the varying of light intensity or any other means not providing constant illumination. Transition time between one still image and the immediate next still image shall not exceed one second and Ordinance 1355 - Page 4 (M) (i) if a Digital Billboard installed pursuant to this section must be removed due to a final court order or judicially approved settlement resulting from a legal action brought by a third party, who is not related to the owner or operator of that Digital Billboard (the "Owner /Operator "), (ii) that Digital Billboard replaced a non - Digital Billboard (the "Replaced Non - Digital Billboard ") and (iii) the Replaced Non - Digital Billboard was the subject of a previous formal written agreement with the City, then the Owner /Operator shall be permitted to reinstall a new state-of- the-art non - Digital Billboard (the "Replacement Non- Digital Billboard ") on the same Advertising Structure used to support that Digital Billboard; provided, that the reinstallation of the Replacement Non - Digital Billboard must occur before the data the praviniiq formal agreement would rla \/e tarminatPrl (the "Previous Termination Date "), the Replacement Non- Digital Billboard and supporting Advertising Structure must be removed on or before the Previous Termination Date and the Replacement Non - Digital Billboard must comply with all the applicable criteria for Digital Billboards, as set forth in this section and the agreement referred to in (D) (2), above. SECTION 3. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED ON THE 7th day of August, 2013 MANUEL LOZANO, MAYOR ATTEST: ALEJANDRA AVILA, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, d the foregoing ordinance was regularly introduced and placed upon regular meeting of the City Council on July 17, 2013: Thereafter, 1355 was duly approved and adopted at a regular meeting of August 7, 2013 by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ALEJANDRA AVILA, CITY CLERK Ordinance 1355 - Page 5 o hereby certify that its first reading at a said Ordinance No. the City Council on :1 �� 1 TO: DATE: Honorable Mayor and Members of the Vijay Singhal, Chief Executive Office August 7, 2013 SUBJECT: Status Report on Phase II Study wing Conducted by LA County Sheriff PURPOSE: AUG IT Co=cil At the Council's request, to provide a status report on Phase II study. BACKGROUND AND DISCUSSION: Due to the recession, elimination of Redevelopment by the State, significant increases in employee retirement and retiree medical costs, the City of Baldwin Park is facing significant financial challenges. Despite cutting programs and services and reducing City non -sworn staffing by almost half, the City is still unable to balance its budgets, pay for its obligations and maintain necessary services and programs without use of its reserves. Last year, in an effort to balance the budget, eight (8) employees were laid off, and numerous programs were cut; however, it was determined that any further cuts would be detrimental to the City and residents. At that point, to address City's long -term deficits, staff presented to City Council the following two choices to resolve City's long- term fiscal problems: Seek voter approval for a tax Seek a proposal from the LA County Sheriff for police services In staff's view these options were the only viable options to keep the City afloat in the long -term and preserve City's ability to maintain and provide services the residents expect and deserve. Only other way to balance budgets would be through major cuts and reductions in all departments including police and by depleting reserves, which in staff's view, would significantly jeopardize the long -term interests of the City, its residents, retirees and employees Based on analysis prepared by staff, residents would either need to approve a tax to keep the police department or the City would need to explore contracting to balance its budgets and fix its long -term financial problems. The Council decided not to pursue the tax at that time. A majority of the Council decided to seek a proposal from the Sheriff. In September 2012, the City received a Phase I study, which suggested the City could save $3 Million to $4 Million by contracting with the Sheriff and would also receive more patrol hours. August 7, 2013 Phase II Status Update Page 2 of 3 Again staff presented the following options available to the Council: 1. Seek voter approval to tax themselves in an amount of approximately $300 per year to generate approximately $4.5 million in additional revenue. 2. Continue to study the contracting option and seek a Phase II study from the LA County Sheriff. With a desire to resolve City's long -term problem and explore all available options a majority of the Council authorized staff to seek a Phase II study. The City Council has not made any decision to contract out the Police Department. First, the City needs a complete study to determine if contracting makes sense in the Iona -run; and secondly, the City has a legal obligation to meet and confer before deciding to contract with Sheriff for police services. There are two major components of the Phase II study: 1. The first component of a Phase II study is to determine the start up costs involved in contracting with LA County Sheriff for police services. Additionally, the City would also be deciding what, if any, additional programs and services would be required and the cost of those services. Start up costs would include costs for vehicles, equipment, facility and personnel costs such as leave pay- offs, differential, if any, in retirement costs. 2. The second component, a major component, of the Phase II study is personnel analysis. It is the City's understanding before any sworn officer can be hired by the Sheriff the officers must successfully complete a POST prescribed pre- employment process, which includes polygraph, psychological evaluation, background check and medical. That process is similar to what other law enforcement agencies follow. If the above pre - employment process is conducted as part of the personnel analysis pursuant to a Phase II study, then the City's officers are guaranteed positions, seniority, rank and compensation as negotiated by the contracting agency and the Sheriff, once they have successfully passed that pre - employment process. If the personnel analysis is not conducted as part of the Phase II study and a contract is entered with Sheriff for police services, then it is considered a non - negotiated merger and while the City officers may still apply for jobs with the Sheriff as new applicants, however, in such, an event those applicants may not receive the seniority, rank, positions and compensation they would under a negotiated merger. When the Sheriff stepped in to take over the Maywood Police Department as part of a non - negotiated merger, many of Maywood's police officers were hired, but as deputies without any negotiated benefits. It is the City's desire, if the decision were to be made to merge with the Sheriff's Department, for all existing City employees not only to receive employment with the Sheriff but also for all the terms of employment to be comparable in compensation, seniority, positions and related employment matters. Therefore, the City pursued Phase 11 study. August 7, 2013 Phase II Status Update Page 3 of 3 In December 2012, the Baldwin Park Police Association sought an injunction to stop the Phase II process, which was not successful. Again in March of 2013, the POA sought an injunction to stop the Phase II and also sought a meet and confer for the polygraph, background and medical components of the personnel analysis. The Judge did not stop the Phase II process but granted an injunction to require the City to meet and confer before requiring the officers to submit to physical and psychological examination or issuing conditional offers of employment. As a result of that injunction and in an effort to continue to protect our Police Officers options to get employment on comparable terms if the City ultimately decides to pursue the merger in the future, the City explored options and has attempted to commence the meet and confer process. City has made numerous attempts to meet and confer. After two meetings with the POA and without disclosing any confidential communications that may have occurred during those two meetings, the City still has not received any specific concerns regarding the process or alternate proposals to assist the City with meetings its significant financial dilemma. As the Council is aware, staff is unable to discuss the foregoing in any further detail in public due to the matter involving labor negotiations and litigation which have been and will be subjects of closed session. It has been proposed the Phase II process be stopped. As previously discussed, currently the two viable options are either a new tax or contracting with LA County Sheriff for police service. Since the Council did not want to seek a tax at this time, the only available option would be to complete the Phase 11 study to determine if the option to contract with the Sheriff even makes sense in the long -term. Completion of the Phase II study would allow the City Council and residents to have all the facts and figures to make a well- informed decision. If the Phase II study is stopped or if upon completion of the study the outcome either is not considered viable or pursued, the only option available would be to seek a tax increase. Staff also understands there is the option to proceed with the Phase II without the personnel component; however, as discussed earlier, doing so would be detrimental to the interests of the employees who have served the City with great dedication and commitment. Therefore City has decided to continue to meet and confer. At this time Phase II is on hold pending the completion of the meet and confer process. FISCAL IMPACT This report has no Fiscal Impact RECOMMENDATION It is recommended that the Council receive and File the report Attachments Copy of the Preliminary Injunction SUPERIOR COURT OF THE STATE OF CALIFORNIA FILIED �.os cat, s FOR THE COUNTY OF LOS ANGELES UP -PRIOR ooURT WoR 71 2013 JOHN A. CLARKS � 4�, , CLERK Baldwin Park Police Association, } By N. BICIAMBATTISTA, bBpUTy Petitioner, } V. } Case No, BS 14n8n2 City of Baldwin Park, } Respondent. } Order Granting } Preliminary Injunction Background By a verified petition filed on December 4, 2012, Petitioner Baldwin Park Police Association ( "Petitioner ") sued Respondent City of Baldwin Park ( "Respondent" or "City ") for violations of the Public Safety Officers Bill of Rights ( "POBRA ") and the Meyers - Milias -Brown Act ( "MMBA" or the "Act "). The operative pleading is the February 13, 2013 Amended Verified Petition which asserts claims for violation of POBRA and the Act. On March 5, 2013, the Court issued a temporary restraining order and order to show cause re preliminary injunction enjoining Respondent from the following unless it met and conferred with Petitioner: (1) requiring Petitioner's members to submit to any physical or psychological examination for use by the Los Angeles County Sheriff's Department for its Phase II Study; (2) contracting out the City's police services pending trial; and (3) extending conditional or actual offers of employment to Petitioner's members. On March 13, 2013, the Court modified the order to specify that the Sheriff's Department was the City's agent. The parties stipulated to continue the hearing on the OSC to April 11, 2013. The matter was argued and submitted on April 11, 2013. The City's Evidentiary Obiections The Court sustains the following objections: 5 -8, 12, 13, 21, 24 -31. The remaining r objections are overruled. Analysis Two interrelated factors are evaluated by the trial court in deciding whether to issue a preliminary injunction. The first is the "reasonable probability" that the plaintiff will prevail on the merits at trial. Robbins v. Superior Court (1985) 38 Cal. 3d 199, 206. The second is the interim harm that the plaintiff is likely to sustain if the injunction were denied as compared to the harm that the defendant is likely to suffer if the preliminary injunction were issued. Shoemaker v. County of Los Angeles (1995) 37 Cal.. App. 4th 618, 624 -625. Additionally, an injunction will not issue unless the moving party establishes both a real threat of immediate and irreparable interim harm (see Choice -in- Education League v. Los Angeles Unified School Dist. (1993) 17 Cal.AppAth 415, 431), and the inadequacy of legal remedies (see Triple A AL—chine V, v. California (1989) 213 Cal.. App.3d 131, 138). "Irreparable harm'' in the context of an injunction means that the respndent's act constitutes an actual or threatened injury to the personal or property rights of the plaintiff that cannot be compensated by a damages award. See Brownfield v. Daniel Freeman Marina Hospital (1989) 208 Cal.App.3d 405, 410. The party seeking the injunction bears the burden of proof. See O'Connell v. Superior Court of Alameda County (Valenzuela) (2006) 141 Cal.App.4th 1452, 1481. The MMBA establishes collective bargaining rights far California's local government employees and requires local government entities to meet and confer with recognized employee organizations over all matters within the scope of representation. See § 3505. The scope of representation is defined as "all matters relating to employment conditions and employer- employee relations, including, but not limited 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." § 3504. Labor relations between Petitioner and the City are governed by the MMBA, and under the MMBA, the City and Petitioner have a duty to meet and confer over matters within the scope of representation as defined in section 3504. However, "even ifth.e parties meet and confer, they are not required to reach an agreement because the employer has `the ultimate power to refuse to agree on any particular issue. "' Claremont Police Of Assn. 11. City of Claremont (2006) 39 CalAth 623, 630, -quoting Building Material & Construction Teamsters' Union v. Farrell (1.986) 41 Cal.. 3d 651, 665. As the court in Claremont Police Of noted, "[t]he definition[s] of `scope of representation' and its exceptions are `arguably vague' and `overlapping.' [Citations.] [W]ages, hours and working conditions," ... broadly read could encompass practically any conceivable bargaining proposal; and "merits, necessity or organization of any service" ... expansively interpreted, could swallow the whole provision for collective negotiation and relegate determination of all labor issues to the city's discretion.' [Citation.]" Claremont Police Of supra, 39 Cal.4th at p. 63.1. Thus, in Building ` Material, supra, 41 Cal.3d at page 663, the court established a balancing test for t� determining whether a meet- and - confer requirement applies to management decisions. See also Claremont Police Officers, supra, 39 CalAth at p. 637 (holding that the same . 2 i test applies to the implementation of fundamental managerial and policy decisions.) The court in Claremont Police officers set forth that test as follows: "First, we ask whether the management action has `a significant and adverse effect on the wages, hours, or working conditions of the bargaining -unit employees.' [Citation.] If not, there is no duty to meet and confer. [Citations.] Second, we ask whether the significant and adverse effect arises from the implementation of fundamental managerial or policy decision. If not, then, as in Building Material, the meet- and - confer requirement applies. [Citation.] Third, if both factors are present —if an action taken to implement a fundamental managerial or policy decision has a significant and adverse effect on the wages, hours, or working conditions of the employees —we apply a balancing test. The action `is within the scope of representation only if the employer's need for unencumbered decision making m managing its operations is ou t eighed by the benefit to employer - employee relations of bargaining about the action in question.' [Citation.] In balancing the interests to determine whether parties must meet and colder over a certain matter (§ 3505), a court may also consider whether the `transactional cost of the bargaining process outweighs its value. "' Claremont Police ®fficers, supra, 39 Cal.4th at p. 638. With these principles in mind, the Court finds that the City must meet and confer with Petitioner over the implementation of the Phase II Study with regard to the following issues: (.l) requiring Petitioner's members to submit to any physical or psychological examination for use by the Sheriff's Department for the Phase II Study; (2) extending conditional or actual offers of employment to Petitioner's members if the City decides to contract out its police services to the Sheriff's Department; and (3) the wages or overtime to be paid by the City to Petitioner's members who choose to participate in any aspect of the Phase II Study. The Court also finds that the Sheriff's Department's has acted as the City's agent throughout the implementation of the Study. Here, the City's implementation of the Phase II Study has had a significant and adverse effect on Petitioner's members' working conditions. For all intents and purposes, the City, through the Sheriff's Department, has required its police officers to submit to specific and highly- intrusive background checks if they wish to continue working as law enforcement officers. In fact, the City paid their wages while they took the examinations and only reversed its actions after the temporary restraining order was issued. Put simply, the City's contention that the officers' participation in the Phase II Study is purely voluntary is not credible. The Court also notes that the City did not submit a declaration from its Chief of Police, Lili Hadsell, in opposition to the request for a preliminary injunction. Because the City had the power to produce much stronger and satisfactory evidence concerning its f involvement in coordinating the background examinations by the Sheriff's Department, the Court views with distrust the evidence that was presented on this issue by the City. See Evidence Code § 412. The Court specifically finds that the statement by its Chief Executive Officer, Vijay Singhal, that the City does not know, and will never know, any of the background information the Sheriff's Department is obtaining from the City's police officer applicants, is not persuasive and is given no weight. Indeed, it is irr reasonable to infer, in light of the agency relationship between the City and the Sheriff's E 3 Department, that the City will obtain . this highly sensitive information before it formally agrees to transfer its police operations to the Sheriff's Department. The Court's findings are based, in part, on the following evidence or admissions by the City: The October 29, 2012 letter from the City's attorneys stating that the City "directed" the Sheriff's Department to conduct a more detailed Phase lI study; The October 29, 2012 letter from the City's attorneys acknowledging that a representative for the City, Police Lieutenant Reynoso, sent an e -mail to all City police personnel that "we [i.e., the City and the Sheriffs Department, daa'vC Set Up ills following three dates for employee workshops. On these dates personnel who want to be considered for employment with [the Sheriff's Department if the City contracts with the Sheriff s Department for police services] must attend one of the three workshops.... We will fill out an ern plo meet application during the workshop and receive personal history statements (PHS) to complete." (Emphasis added); Until the Court issued the temporary restraining order on March 5, 2013, the psychological and physical tests required by the Sheriff's Department were to be given on City property; the City would pay for the officers' overtime if they took the tests during their scheduled time off per the City's Chief of Police, Lili Hadsell; Per his declaration, the City assigned Lieutenant David Reynoso as the liaison to the Sheriffs Department for purposes of coordinating the examinations and notifications to the City's police officers; and The March 5, 2013 e -mail from Respondent's Chief of Police stating that "Per today's court order and until further notice, the City will not be assisting or coordinating any activities pertaining to the background process with [the Sheriffs Department] ... the City will not be paying any overtime for any appointments or activities required to the background process." 2 Disposition 11 For these reasons, the Court GRANTS Petitioner's request for a preliminary injunction. Pending trial., the City of Baldwin Park, and its agents or other persons acting in concert with the City, including the Los Angeles County Sheriff's Department, are enjoined from the following unless the City meets and confers with Petitioner Lander the Act: (1) requiring Petitioner's members to submit to any physical or psychological examination for use by the Sheriff's Department for the Phase II Study; (2) extending conditional or actual offers of employment to Petitioner's members if the City decides to contract out its police services to the Sheriff's Department; and (3) changing the wages or overtime naid_bv the City to- _Petitioner's members who participate i away aspLa t !Jf the Phase II Study. Petitioner shall post an undertaking in the amount of $ lam, within five days. IT IS SO ORDERED. April 11, 2013 a0_ Luis A. Lavin Judge, Superior Court of California County of Los Angeles 71-A-1 r TO: Honorable Mayor and Members of the City FROM: Lili Hadsell, Chief of Police DATE: August 7, 2013 nm No. it SUBJECT: Approval of Renewal of Animal Control Agreement with the County of Los Angeles with Revised Billing Rates PURPOSE The purpose of this report is to request Council approval for renewal of the agreement with the County of Los Angeles for providing animal control services for the City of Baldwin Park with revised billing rates. BACKGROUND /DISCUSSION The City of Baldwin Park has had a long- standing agreement with the County of Los Angeles to provide total animal control services. The County's service to the City includes patrols, kennel /animal shelter services, and license sales coordination. All services provided are billed to the City, and all revenues realized from license sales go towards offsetting the costs of the program. On June 17, 2013, the City received correspondence from County of Los Angeles Department of Animal Care and Control advising of their Fiscal Year 2013/2014 billing rates changes. The Field Services rate will decrease .49 percent; the Daily kennel rates for dogs /cats will increase by 10.99 percent, and the Daily kennel rates for other animals will increase 10.92 Percent. The cost of providing animal services fluctuates from year to year depending on the level of need in the community. The original estimate listed in the last FY2012/2013 agreement signed by City Council on August 15, 2012, was approximately $280,607. Including the above listed increased rates, the estimated cost to the City for FY2013/2014 is approximately $167,123. FISCAL IMPACT The fiscal impact to the City is the cost of the agreement, which at this time is estimated at $167,123 with the new increases. RECOMMENDATION. Staff recommends City Council: approve the Agreement with County of Los Angeles, Department of Animal Care and Control. If approved, the agreement with the County becomes effective July 1, 2013 and will run through June 30, 2014. ATTACHMENTS: A) Renewal contract for FY201312014 effective July 1, 2013 m nizw--rinfinn of qizrx/ires Provided m C\ A I Letter from Marcia Mayeda, Director, County of Los Angeles Depa rt en of t Animal Care and Control, advising of 2013/2014 rate increases and level of service request, Attachment A CITY-COUNTY MUNICIPAL SERVICES AGREEMENT COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL 0M THE CITY OF BALDWIN PARK FY 2013-14 SERVICE LEVEL REQUEST Part One: Billing Rates for the period July 1, 2013, through June 30, 2014 Kennel Services* Dog and Cat per day $17.68 Other animals per day $ 8.33 Observation per day $21.21 Dog license processing per license $ 2.63 Dead animal disposal per animal $12.48 Field Services per hour $81.25 Animal License Field Enforcement Canvassing per hour $68.49 Liability Trust Fund (applied to Field Services and Animal License Field Enforcement Canvassing hourly amounts only) 4% City of Baldwin Park Page 1 of 8 Part Two: Annual /Amended Service Request Approval Authorized Representative Authorized Signature (Printed Name) (Signature) Title Telephone Number Part Three: Annual Service Level Standard Shelter Services: Date Full Service - All animals acquired in the field, within the boundaries of the City or determined to have originated within the boundaries of the City, may be impounded at a County animal care center. Impounded animals will be vaccinated and provided medical care, food, and shelter. The animal's picture will generally be posted on the Department's website to assist residents in reclaiming a lost or missing pet. Residents may also visit the associated animal care center to find their lost or missing pet. The hours of operation of each animal care center are scheduled at the discretion of the Department. See Part One for the associated shelter services billing rates. Primary animal care center *: (Baldwin Park Animal Care Center) *The Department shall take reasonable action to shelter all animals at this location. There may be circumstances in which the Department must shelter animals at an alternate location. In general, such sheltering shall be temporary and animals shall subsequently be transferred to the primary animal care center. Contract cities are charged for the first five days of care for animals impounded within the city's jurisdiction. If an animal leaves our care earlier for any reason, cities will be charged based upon the actual number of days (1 -4). If an animal is redeemed, the redemption fees collected from owners will be credited to the city (up to ten days). The County assumes liability and disposition of these animals after five days with the exception of animals held as a result of a seizure or criminal case, abandoned animals, observation animals (quarantine), potentially dangerous or vicious dogs, and return to owner animals. City of Baldwin Park Page 2 of 8 Below are the kennel services maximum number of days billed and the description: City of Baldwin Park Page 3 of 8 Maximum number *Kennel Services Description of days billed Kennel Services: Stray or relinquished animals. 5 days Private Veterinarian: If the owner is unable to be located and the injury or condition is life threatening and the scene of the incident is not in the vicinity of a County animal care center, or if the medical staff at the animal care center are not 5 days available, the animal will be taken to the nearest private contract veterinarian. Cities will be charged for the private contracted veterinarian visit. Observation Animals: Animal bite that causes any penetration of the skin by teeth which requires a bite report be taken and the animal quarantined. The animal will be placed 10 days in quarantine confinement and observed for ten (10) days minimum from the date of the bite at the discretion of the Department of Veterinary Public Health. Return to Owner Animal: The owner or person entitled to the custody of any animal impounded can redeem such 10 days animal by paying impound and boarding fees accruing up to the time of such redemption. Abandoned Animals: Hold at least fifteen (15) calendar days; determine whether the owner had an agreement with someone to care for the animal in their absence, post a Form 15 days 58 (Notice of Impoundment) at the premises for the owner if they return, and mail a registered or certified letter to the last address Special Intake: Confiscated, Court Case, Police Request, Unlimited days Owner Arrested, Potentially Dangerous or Vicious Dog City of Baldwin Park Page 3 of 8 Field Services: The County will provide the services set forth below in accordance with the provisions of the Los Angeles County Code, Title 10 - Animals, and all amendments, except as otherwise agreed to by the parties in this Service Level Request. ZStandard Service Plan - Includes answering calls for service (24 hours per day, daily); dispatching or assigning field staff; and performance of duties in the field based on priority, location, and availability of staff. El Limited Standard Service Plan: o Daily between the hours of (a.m.>p.m.) and (a.m.fp.m.) o Weekend days and holidays o Emergency Services - As needed o Humane Investigations and Prosecution - As needed Regular Business hour contact information: Department Name: Telephone: Address: Outreach and Enforcement Services: County will enforce the fees set forth in Los Angeles County Code Section 10.90.010 et seq. unless the City provides an alternate fee schedule approved by the City and provided to the County. Canvassing (Animal License Field Enforcement) License Canvassing Services - Provides for dedicated staff to perform license enforcement activities (issuing new licenses, license renewals, collecting delinquency charges and other fees) in the field. /Authorized Canvassing Services o County and City shall subsequently agree to the time and scope of this service. ❑ No Canvassing Services City of Baldwin Park Page 4 of 8 Animal Facility Licensing Animal Facility Licensing Services - Provides for dedicated staff to perform animal facility inspection and licensing to any lot, building, structure, enclosure, or premises for any animal related business or organization which is required to be licensed. The animal facility licensing staff inspects animal related facilities annually and when otherwise necessary, to ensure the health and safety of the public and animals. Businesses are provided a letter grade based on the results of the inspection. Animal facility licenses are generally valid for one year from the date of issue. The Department will inspect animal facilities and any revenues collected will offset services. ❑ Animal Facility Licensing o Licensing and Inspection /Grading Services ❑ No Animal Facility Licensing Clinics Vaccination Clinic(s) will be requested to be conducted within your jurisdiction Note: Canvassing charges apply to Vaccination Clinics conducted within your jurisdiction. ❑ No Vaccination Clinics City of Baldwin Park Page 5 of 8 Part Four: License Information (required if the Department manages City licensing) Standard Licensing Services: License renewal notices are mailed or transmitted to the animal owner of record, the renewal and payment is received and processed annually on a fee per license basis. Licenses will be required before an animal will be released to a resident of a City participating in the Standard Licensing Services program. Fees from licenses collected will be credited to the City monthly in arrears. City has adopted the license fees outlined in Title 10 of the Los Angeles County Code Altered Dog 20.00 Altered Cat, 5.00 Unaltered Dog 60.00 Unaltered Cat 10.00 Senior* Dog 7.50 *Senior age is defined as 60 years. Delinquency Charge $ Equal to Amount of License Delinquency Charge applies after: 10 days Field Enforcement Fee 40.00 (licensing initiated in the field) ❑ City has adopted the following license fees: Altered Dog $ Altered Cat $ Unaltered Dog $ Unaltered Cat $ Senior* Dog $ Senior* Cat $ *Senior age is defined as years. Delinquency Charge $ Delinquency Charge applies after: days. Field Enforcement Fee $ (licensing initiated in the field) Current license fees adopted by the City on 120 ❑ No Animal Licensing Services City of Baldwin Park Page 6 of 8 Spay /Neuter Trust Fund: City elects to contribute $5.00 per altered and unaltered dog licenses to the Spay /Neuter Trust Fund. The Spay /Neuter Trust Fund will allow the Department to offer a low cost spay /neuter program for the City's residents who wish to have their pets spayed or neutered but cannot afford the surgery. Once residents are qualified, Department staff work with shelter clinics as well as mobile clinics to assist qualified residents in obtaining spay /neuter services in an area near them. in the mandatory Spay /Neuter Trust Fund 0 No participation in the mandatory Spay /Neuter Trust Fund Part Five: Animal Regulations /Enforcement (required if the Department performs field services) City hereby agrees to the enforcement of all portions of the Los Angeles County Code Title 10 -Animals and its amendments unless otherwise specified below. /City agrees to the enforcement of Title 10 with the exception of the following: City of Baldwin Park Page 7 of 8 Records: Upon reasonable notice, the Department shall make available to City of Baldwin Park authorized representatives for examination, audit, excerpt, copy, or transcription any pertinent transaction, activity, or other record relating to this Agreement. The City of Baldwin Park shall ensure such records are handled in a manner consistent with all applicable privacy laws and any other laws related to public records. Part Six: Contact Information Primary Contact Name: -""S' \\ Address: XHHO3 PNc . Telephone: (06 VISS x 2.-LS Alt. Telephone: (} E -mail \\no.�►Sc_ \� P_.�d \�•..•r•.�� -_.._ ca,. Alternate Contact Name: 1 filar\ -- 41V'r-re -, Address: SA.P► Telephone: ( ) � yaL Alt. Telephone: ( ) t E -mail: Can, WD:inAContract Cities City of Baldwin Park Page 8 of 8 Attachment B Los Angeles County Department of Animal Care and Contr Description of Services Provided I Field Services Resources dedicated to providing quality animal care services in the field. Activities involve field nffinem nerforming a variety of v� cu tasks ii+iH-7;r-.rj n��ran,; - +- r ---- ----- , I I ..Ij Y equipment. These tasks 'Include: • Immediate response to vicious/dangerous animals that pose a public safety threat; • Capture and impound of stray domestic animals; • Impound of animals surrendered by their owners; • Removal of dead animals from public and private property; • Enforcement of all animal-related ordinances and State laws including leash laws, animal cruelty laws, dangerous/vicious dog enforcement, and the keeping of wild or exotic animals; • Investigation of Potentially Dangerous and Vicious Dog cases; prepare appropriate petitions; and conduct administrative hearings consistent with state and county laws; • Rescue of ill, injured, or abused animals; • Enforcement of animal nuisance complaints such as barking dogs and leash law violators; • Assist local law enforcement with their cases when animals are involved, such as the service of search warrants and impound of animals belonging to persons taken into custody; • Emergency response to fires, earthquakes, floods, and other natural man-made disasters to rescue animals from harm; • Maintain 24-hour dispatch and communication center to receive calls for service and dispatch them to officers for field response; and Shelter Services Represents services dedicated to providing a comfortable and safe environment to shelter animals. Shelter services include: • Providing food, water, and medical care for impounded animals; • Holding stray animals and attempting to reunite them with their owners; • Finding new adoptive homes for domestic animals; • Working with wildlife rehabilitators to rescue sick and injured wildlife; • Providing emergency sheltering to animals displaced by wildfires or other disasters; • Spay and neuter services for all dogs and cats pursuant to State law • Performing surgeries to make animals more adoptable • Euthanizing sick, injured, dangerous, feral, or unadoptable animals; • Quarantine and observation of animals for rabies; • Filing of annual reports to the State as required by law; • Disposal of dead animals; • Maintaining website of lost and surrendered animals so owners may locate their lost animals and potential adopters may find a new pet; and • Maintaining regular hours of operation for the public. Licensing Represents resources for providing the issuance and processing of licenses. This includes: • Issuance of animal licenses to animals that have been vaccinated against rabies; • Processing license applications, payments, and information changes; • Issuing license renewal notices; • Assessing and collecting fees, penalties and other financial remittances; and • Maintaining of animal license database Represents services dedicated to providing field enforcement for animal license compliance. This includes: • Neighborhood field enforcement of animal licensing and other State and local laws and ordinances; • Issuing citations to violators of animal licensing ordinances; and • Collecting license revenue Business Licensing Represents the process of issuing and enforcing licenses provided to private businesses involved in regulated activities related to animals. This program includes: • Annually inspecting and licensing animal facilities such as pet shops, breeders, animal menageries, grooming parlors, and other places where animals are maintained for profit or business activities; and • issuing grades to facilities cimilnr fr% the _I ^e- Angeles Cr --+" E), Vic Health v - I 111"I LY L � L-%J,.N r-11 IJ 1- VUIILY I U it, I I Department's Restaurant Grading System Vaccination and Microchip Clinics Represents resources to provide vaccines and microchips that includes: ® Providing low cost vaccinations and microchips; * Staffing with medical personnel and necessary support staff; ® Assisting jurisdictions in promoting community-based clinics; and * Providing regular clinics at each County of Los Angeles Animal Care Center Marcia Mayeda Director Animal Care Center (ACC)_ Locations Agoura ACC 29525 Agoura Rd. Agoura, CA 91301 (818) 991 -0071 Baldwin Park ACC 4275 N. Elton St. Baldwin Park, CA 91706 (626) 962 -3577 Carson /Gardena ACC 216 W. Victoria St. Gardena, CA 90248 (310) 523 -9566 Castaic ACC 31044 N. Charlie Cyn Road Castaic, CA 91384 (661) 257 -3191 Downey ACC 11258 S. Garfield Ave. Downey, CA 90242 (562) 940 -6898 Lancaster ACC 5210 W. Avenue I Lancaster, CA 93536 (661) 940 -4191 County of Los Angeles Department of Animal Care and Administrative Office 5898 Cherry Avenue Long Beach, California 90805 (562) 728 -4610 • Fax (562) 422 -3408 http: / /animalcare.lacounty.gov June 11, 2013 Mr. Vijay Singhal Chief Executive Officer City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Dear Mr. Singhal: JUN 17 2013 Control CITY OF BAkLDWIN PARK CITY OLF -RK'S 0PPARTMEN o u >r _ - - -- LOS A NGI:LLS ANIMAL CARE ANU 65W I;pl:. FISCAL YEAR 2013 -14 CONTRACT CITY BILLING RATES The County of Los Angeles (County) Department of Animal Care and Control (Department), in conjunction with the County Auditor - Controller, has revised the contract city billing rates for Fiscal Year (FY) 2013 -14. The new rates are summarized on the first page of the FY 2013 -14 Service Level Request (Attachment A). These rates have been approved by the Auditor - Controller and will be effective July 1, 2013, through June 30, 2014. The FY 2013 -14 billing rate changes reflect a .49 percent decrease for field services, a 10.99 percent increase in the daily kennel rates for dogs /cats, and a 10.92 percent increase in the rates for other animals. To ensure proscribed services within your jurisdiction in the upcoming fiscal year, please complete the Service Level Request (Attachment A) and submit it no later than June 25, 2013. We also attached a breakdown and description of kennel days and field services (Attachment B) and FY 2013 -14 budgetary estimates (Attachment C) for your reference. The completed Service Level Request should be submitted to: Department of Animal Care and Control County of Los Angeles Attention Whitney Duong /Contract Cities 5898 Cherry Avenue Long Beach, CA 90805 "To Enrich Lives Through Effective And Caring Service" Mr. Vijay Singhal June 11, 2013 Page 2 The completion of this annual Service Level Request is consistent with the terms of the revised July 1, 2009, Standard Agreement. This document provides us with an acknowledgement of planned services and allows for operational planning and deployment of resources. During the fiscal year, the City may also submit a request for changes in services as needed. Benefits of License Enforcement Services The presence of a uniformed Animal Control License Enforcement Officer raises the awareness of responsible pet ownership in the community. Our License Enforcement Officers are equipped with flyers and ordinance cards and are ready to provide information to pet owners or residents wanting more information about the mandatory laws of the State and responsible pet ownership. All of our officers are PC832 certified and have the authority to issue citations. License enforcement services enforce mandatory proof of current rabies vaccination for the safety of the pet owners, other pets, as well as the protection of City residents. In addition to the health and safety benefits of license enforcement services, 100 percent of revenue collected on behalf of cities contracting for this service is credited to the City (including license fees, penalties, and field enforcement fees). The license enforcement service visit allows the Department to create new and reactivate expired accounts. In addition, the pet owner will receive a tag to promptly identify the owner in the event the pet is impounded. As a result, the pet is reunited with the owner and the City is charged fewer days for housing these pets at our animal care centers. Any redemption fees collected from the owner are also credited to the City. Critical Case Processing (CCP) Unit On January 1, 2012, the Department created the Critical Case Processing Unit responsible for processing the Department's cases regarding Potentially Dangerous or Vicious (PDDN) dogs. This is a critical, mission -based program to protect the safety of the people and animals in our community. An Animal Control Officer interviews witnesses and victims, collects Declarations from involved parties, written under penalty of perjury, prepares cases for hearing, and ensures all restrictions placed against PDDN dogs are enforced. Servicing Los Angeles County for 75 Years On September 29, 2012, the Department celebrated 75 years of servicing the County. As the largest animal control agency in the nation, the Department has evolved into one Mr. Vijay Singhal June 11, 2013 Page 3 of the most progressive agencies in the United States. We operate six animal care centers and service all unincorporated areas of Los Angeles County as well as 52 contract cities. We provide animal control services 24/7 in order to protect public safety and animal welfare. Animal Control Officers collectively respond to several hundred requests for service each day, including animal rescues, cruelty and abuse complaints, 9plaints, and various health and safety H ICILLerJ. We look forward to continuing to provide animal care services to your City and its residents. If you have any questions, please contact me or your staff may contact Ms. Whitney Duong, Contract City Liaison, at wduong @animalcare.lacounty.gov or (562) 256 -2412. Sincerely, 41,1P,"6*_' MARCIA MAYEDA Director MM:PM:WD:in 13 -14 Bill Rates.6.13 Attachments W > r- M Z Z 0 > Z C M Z 0 A > 0 z o m > m > Z m Z m m 0 LA Z m C Or. r- m 3 (D ra w v) -n fD < '0 rD (D W 0 - (D Q- FD' rD LT m Z rb rD d = rb :3 < 0 :3 w - N 3 un 2 D rD < < m (D rD �! m 0 w 0 0 er U;, Z 0 :3 :3 0 aQ F - - C a 0 W M 0 (D -. L, un m cu -n CD m rD M Z3 aq rD :3 w 0 aQ I rD CL 0 -n M Q rD rD > 0 (D C rD m A N m. :3 00 r4 0 0) 6D r) rD rD 3 rD M CL F n w - 20 > cu :3 A: Z. rt < rD (D CL CL w :3 2L 3 c -<Cr 0) r) 0 (D 0) :3 0 0 > :3 < Ln 0 CL a 0 rD =S=s F, .<- =' OOWWWWW > rD c n n < < (D N =r :r 0 M :3 0 :3 vi- rD iD S� m 00 < 0 NJ NJ ol i-- Lo j ul S 00 *M -FD i-- L,n lo �7 3 tJ Ul Nj IIJ F� W = 0 C: W NJ Ul P. rJ W C) .11 0 00 (-n w 00 00 0 NJ A 0) m v V NJ C:) I" w w 4.1• qjl- to to to to to to tl> lll� Nj 00 l i � N --j �o 90 9) 0 W W 4- LP IQ lo IQ a) Fa Ln In 0 00 w -4 lo co 0 1- ul In fD fD rD (D i-n 4j} qj). (^ 40> 41T PD 0, 00 < m N ol m 00 li 90 - . . . . -P� tj g, m w 61 W LD Ln w 00 F W 00 iv v U-1 P. oo to w 00 co CD o cu NJ 0 to m 0 to Ol N 0 In 0 -j V A M W w NJ NJ C rb In 00 CD " 00 Nj LO co W �e :A� IQ 00 0) 00 lD W F` W W > r- M Z Z 0 > Z C M Z 0 A > 0 z o m > m > Z m Z m m 0 LA Z m C Or. r- m 3 (D ra w MM 111 1 , AUG 0 ITEM N0. 'or ",A CITY OF BALDWIN PARK STAFF REPO BALDWIN P A,R•K TO: Honorable Mayor and Members of the City Council FROM: Vijay Singhal, Chief Executive Officer Leticia Lara, Human Resources Mana DATE. August 7, 2013 x SUBJECT: Adding Three Law Firms to City's Panel of Legal Firms for Legal Assistance with Personnel, Litigation, Liability and Other Special Services PURPOSE: To add three (3) law firms to the City's panel of approved attorney's for legal services related to personnel, litigation, liability and other special services. BACKGROUND AND DISCUSSION: As you are aware, Aleshire & Wynder, LLP ( "A &W "), the firm that provides city attorney services to the City also provides city attorney services to the City of Irwindale. The City of Irwindale is processing a proposed MRF on property adjacent to Baldwin Park in the Northwest portion of the City along Arrow Highway. Because A &W would have a conflict of interest if the processing of the MRF by Irwindale resulted in litigation, that firm will not be able to provide legal services to either city regarding that matter if litigation ensues. In order for the City of Baldwin Park to be best prepared to protect its citizens from possible impacts from the MRF, it is important to have another law firm ready and informed about the MRF and the legal, land use and environmental issues raised by the proposal. To be sure the City of Baldwin Park is timely provided the above described legal services, City Council has directed staff to bring for Council approval a staff report to add the following three firms to the City's panel of lawyers to serve the City for that matter: • Olivarez Madruga, P.C. • Richards Watson & Gershon • Ross & Casso August 7, 2013 Staff Report re: Updating City's Panel of Law Firms Page 2 of 4 In addition, those firms would provide legal assistance required for consultation, legal advice, legal opinions in personnel, litigation, liability and other special matters, as requested by the Council. Below is a summary of their hourly rates as outlined in each respective contract services agreement (Please refer to Attachments 1, 2, and 3). Pursuant to the Independent Cities Risk Management Authority (ICRMA) Master Memorandum of Coverage, each firm has been provided with the Litigation Manage- ment Policies and Procedures (LMPP) for their review, acknowledgement, and compliance. Law Firm: Olivarez Madruga, P.C. The Firm agrees to provide all the foregoing legal services at the following hourly rates: A. For special non - litigation matters: Personnel Rate Managing Partner $250.00 Partner $225.00 Of Counsel $215.00 Associate $200.00 Paralegal $150.00 Clerk $ 50.00 B. For special litigation matters: Personnel Rate Managing Partner $250.00 Partner $225.00 Of Counsel $215.00 Associate $200.00 Paralegal $150.00 Clerk $ 50.00 August 7, 2013 Staff Report re: Updating City's Panel of Law Firms Page 3 of 4 Law Firm: Richards Watson & Gershon The Firm agrees to provide all the foregoing legal services at the following hourly rates: A. For special non - litigation matters: Personnel Rate Managing Partner $275.00 Partner $275.00 Senior Counsel $275.00 Associate $275.00 Paralegal $145.00 Clerk $145.00 B. For special litigation matters: Personnel Rate Managing Partner $360.00 Partner $360.00 Senior Counsel $360.00 Associate $240.00 Paralegal $145.00 Clerk $145.00 Law Firm: Ross & Casso The Firm agrees to provide all the foregoing legal services at the following hourly rates: A. For special non - litigation matters: Personnel Rate Managing Partner $250.00 Partner $250.00 Senior Counsel $250.00 Associate $225.00 Paralegal $ 95.00 August 7, 2013 Staff Report re: Updating City's Panel of Law Firms Page 4 of 4 B. For special litigation matters: Personnel Managing Partner Partner Senior Counsel Associate Paralegal C. Reimbursement Blended Rate Rate $250.00 $250.00 $250.00 $225.00 $ 95.00 $425.00 * * For those legal services for which the City can be reimbursed by third parties, either pursuant to City policy, or by statutory authority or agreement. FISCAL IMPACT There is no fiscal impact to add this legal firm to the City's panel. f7��� ►�ili�tf��1�7_ti�L�7�1 It is recommended the City Council add these three (3) law firms to the City's panel of legal firms to assist with legal matters as may be needed and requested by the Council for personnel, litigation, liability and other special services and authorize the Mayor to sign the attached professional services agreements. Attachments Contract Services Agreements for: 1. Olivarez Madruga, P.C. 2. Richards Watson & Gershon 3. Ross & Casso ;4"q"s17, 2013 StaffSport Affackment # f This CONTRACT SERVICES AGREEMENT FOR SPECIAL COUNSEL SERVICES (the "Agreement") by and between the law firm of OLIVAREZ MADRUGA, P.C., a California professional corporation (the "Firm"), and the CITY OF BALDWIN PARK, a municipal corporation ("City"). The term "City" shall also include all boards, commissions, financing authorities, and other bodies of City. 1. APPOMMENT A. The Firm shall perform any and all work necessary for the provision of special counsel, when specifically requested by the City Council, to: (i) Attend various City meetings; and (ii) Provide legal advice, written legal opinions, and consultation, as needed on matters affecting personnel, litigation, liability and other special services, as requested; and (iii) Be available for telephone consultation with City staff, as needed regarding personnel, litigation, liability and other special services, as requested; and (iv) Prepare or review necessary agreements and related documents regarding personnel, litigation, liability and other special services, as requested by City. B. The designated special counsel will keep City informed as to the progress and status of all pending matters in accordance with such procedures as City may establish from time to time. The assigned special counsel is expected to manage, control and oversee the delivery of legal services in a competent, professional, and cost-effective manner. All legal services shall be properly supervised and all personnel shall be qualified to handle the work assigned. C. All legal services shall be coordinated under the direction of the Chief Executive Officer. Nothing in this Agreement shall be construed in any manner as limiting the ultimate and absolute discretion of the City Council, at any time, to assign or reassign matters to or from the Firm. 3. CITY DUTIES City agrees to provide such information, assistance, cooperation, and access to books, records, and other information as is necessary for the Finn to effectively render its professional services under this Agreement. To the extent City desires services to be rendered on site, City, at City's expense, will make available sufficient office space, furniture, telephones, computers, facsimile machines, and secretariat support, as approved by the Chief Executive Officer, as may be necessary therefor. City further agrees to abide by this Agreement, and to timely pay the Firm's bills for fees, costs, and expenses, as established by this Agreement. However, nothing in this Section, or any other part of this Agreement, shall be construed in any manner as limiting the ultimatW and ab— ulte disctretion of the City CounciA, at any time, to assign or reassIgn miatters to or from the Finn. 91�2 3) Except as provided in Section 1, above, the Firm will exercise its discretion to utilize whichever attorney(s) (and staff) it determines to be best suited to its rendition of legal services under this Agreement, consistent with the competent and efficient rendering of legal services, and with a view toward rendering such services in an economically efficient manner. The Firm agrees to provide all the foregoing legal services at the following hourly rates: A. For special non-litigation matters: Personnel Rate Managing Partner $250.00 Partner $225.00 Of Counsel $215.00 Associate $200.00 Paralegal $150.00 Clerk $ 50.00 B. For special litigation matters: Personnel Rate Managing Partner $250.00 Partner $225.00 Of Counsel $215.00 Associate $200.00 Paralegal $150.00 Clerk $ 50.00 2 `�, � � � 3 rd I t 10 01 Old 1011 is E.W411 CITY: City of Baldwin Park 14403 East Pacific Ave. Baldwin Park, CA 91706-4297 Attention: Chief Executive Officer W 19�,2[010 13 $am 114 10 11 In connection with the execution • this Agreement, the Finn shall not discriminatc against any employee • applicant for employment because of race, religion, marital status, color, sex, handicap, sexual persuasion, or national origin. The Firm shall take affirmative action to ensure that applicants are employed, and that employees are treated fairly during their employment, without regard to their race, religion, color, sex, marital. status, handicap, sexual persuasion, or national origin. Such actions shall. include, but not be limited to the following: employment, promotion, demotion, transfer, duties assignment; recruitment or recruitment advertising'; layoff • termination; rates of payor other forms • compensation; and selection for training, including apprenticeship, R, Un W ws T" V Alejandra Avila, City Clerk Manuel Lozano, Mayor Dated: 3o )2013 OLIVAREZ MADRUGA, P.C. —0 ps 1 L gum Y" R.. Oliv4m, 7 EXHIBIT "A99' STATEMENT OF BILLING PRACTICES The Firm's fees are charged on an hourly basis for all time actually expended and are generally billed monthly with payment due within thirty (30) days after the date of the bill. The current hourly design rate for the attorneys and staff working on this matter will be set forth in the billing statement. Annually, you will be provided with the prevailing hourly design rates for the attorneys who will spend the predominate amount of time on this matter. It should be understood that hourly rates are reviewed, and when appropriate, adjusted to reflect increases in seniority and experience as well as inflationary factors. These increases are generally made on an annual basis effective at the beginning of each calendar year. However, where contract rates are established, they prevail over design rates. Page I of I Auqust7, 206 staff l' part CONTRACT SERVICES AGREEMENT FOR Affac4menf # 2 SPECIAL COUNSEL SERVICES CITY OF BALDWIN PARK This CONTRACT SERVICES AGREEMENT FOR SPECIAL COUNSEL SERVICES (the "Agreement") is entered by and between the law firm of Richards Watson & Gershon, a California Professional Corporation (the "Firm'"), and the CITY OF BALDWIN PARK, a municipal corporation ("City"). The term "City" shall also include all boards, commissions,, financing authorities, and other bodies of City. 1. APPOINTMENT City Council hereby engages the Firm to provide special counsel services related to personnel, litigation, liability and other special services, as requested by the City Council. Such services shall be provided by or under the supervision of Patrick "Kit" Bobko, Laurence Wiener, Roxanne Diaz, and Roy Clarke. Notwithstanding the foregoing named person(s), the Firm may, from time to time, designate other attorneys with the Firm to provide the special counsel services, with the approval of the City Council, except from time to time necessary due to illness or vacation scheduling. 2. SCOPE OF WORK AND DUTIES A. The Firm shall perform any and all work necessary for the provision of special counsel, when specifically requested by the City Council, to: (i) Attend various City meetings; and (ii) Provide legal advice, written legal opinions, and consultation, as needed on matters affecting personnel, litigation, liability and other special services, as requested; and (iii) Be available for telephone consultation with City staff, as needed regarding personnel, litigation, liability and other special services, as requested; and (iv) Prepare or review necessary agreements and related documents regarding personnel, litigation, liability and other special services, as requested by City. B. The designated special counsel will keep City informed as to the progress and status of all pending matters in accordance with such procedures as City may establish from time to time. The assigned special counsel is expected to manage, control and oversee the delivery of legal services in a competent., professional, and cost-effective manner. All legal services shall be properly supervised and all personnel shall be qualified to handle the work assigned. C. All legal services shall be coordinated under the direction of the Chief Executive Officer. Nothing in this Agreement shall be construed in any manner as limiting the ultimate and absolute discretion of the City Council, at any time, to assign or reassign matters to or from the Firm. 3. CITY DUTIES City agrees |o provide such information, assistance, cooperation, and access to books, records, and other information usianecessary for the Firm to effectively render its professional services under this Agreement. To the extent City desires services xmbe rendered on site. City, o1 City's expense, will nnukc uvui|ub|m sufficient office mpuco` [orohorc` telephones, computers, facsimile machines, and secretarial support, as approved hy the Chief Executive Officer, as may be necessary therefor. City further agrees to abide by this Agreement, and to timely pay the Firm's bills for fees, costs, and expenses, as established by this Agreement. However, nothing io this Section, mr any other part ofthis /\grueoncot, shall be construed in any manner as limiting the ultimate and absolute discretion mfthe City Council, at any done, to assign orreassign matters to mr from the Firm. 4. PERSONNEL Psocnt as provided in Section l, above, the Fkrn will exercise by discretion to utilize whichever attorney(s) (and stJ0 it determines to be best suited to its rendition of legal services under this Agreement, consistent with the competent and efficient rendering of legal services, and with a view toward rendering such services in un economically efficient manner. 5. COMPENSATION The Firm agrees to provide all the foregoing legal services u1 the following hourly rates: A. For special non-litigation matters: Personnel Rate Managing Partner $275.00 Yucuec $275.00 Senior Counsel $275.00 Associate $275.00 pacu!cgo| $145.00 Clerk $145.00 B. For special litigation matters: Personnel Rate Managing Partner 0360.00 Partner $360.00 Senior Counsel $380.00 Associate $240.00 Panu|ogn/ $145.00 Clerk $145.00 2 6. COSTS AND OTHER CHARGES The Firm may incur various costs and expenses in rendering the legal services required by this Agreement, which, if customary and necessary for the performance of legal services hereunder, shall be reimbursable by City. Those costs and expenses are described in more detail in Exhibit "A." All clerical services, ordinary travel costs (e.g, from the Firm's office to court or City Hall), and miscellaneous expenses (e.g., telephone and facsimile charges) are included within the rates set forth above, and there shall be no additional charges for such expenses. City agrees to reimburse the Firm for expenses such as experts' or consultant fees, or litigation expenses such as court reporters, which shall be passed through to City at the actual costs thereof Reimbursable costs shall not include any overhead or administrative charge by the Firm or the Firm's cost of equipment or supplies except as provided herein. The Firm may determine it necessary or appropriate to use one or more outside investigators, consultants, or experts in rendering the legal services required (particularly if a matter goes into litigation). City will be responsible for paying such fees and charges. The Firm will not, however, retain the services of any outside investigators, consultants, or experts without the prior agreement of City. The Firm will select any investigators, consultants, or experts to be hired only after consultation with City. Extraordinary travel expenses, including transportation, meals, and lodging, when incurred on behalf of the client shall be reimbursed by City only with the prior agreement of C ity. Finally, periodically, when on-site, the Firm personnel may be required to make local and long-distance telephone calls, or make photocopies, or incur other expenses on behalf of City as well as other clients. The Firm will not be charged for such expenses and, in exchange, will not charge City for calls made from our office or other locations to City. 7. STATEMENTS AND PAYMENT The Firm shall render to City a statement for fees, costs, and expenses incurred on a periodic basis (generally monthly). Such statement(s) shall indicate the basis of the fees, including the hours worked, the hourly rate(s), and a brief description of the work performed. Separate billing categories can be established to track costs associated with City funding categories or to track project costs, or such other basis as City may direct. Reimbursable costs shall be separately itemized. Payments shall be made by City within thirty (30) days of receipt of the statement, except for those specific items on an invoice which are contested or questioned and are returned by City with a written explanation of the question or contest, within thirty (30) days of receipt of the invoice. Payments made more than thirty (30) days after the due date shall draw interest at the legal rate. 8. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT The experience, knowledge, capability and reputation of the Firm, its members, officers, partners., associates., and employees, was a substantial inducement for City to enter into this Agreement. Therefore, the Firm shall not contract with any other person orentity to perform, in whole orinpart, the legal services required under this Agreement without the written approval of City. In addition, neither this Agreement, nor any interest hc,cb\ may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily, or by operation of law, whether for the benefit of creditors, or otherwise, without the prior written approval of City. Adding attorneys <^ the Firm, changes in the partnership, name changes and similar changes mhu|| not he doenued u transfer mr assignment requiring approval uf City nc amendment hereof 9' INDEPENDENT CONTRACTOR The Firm ohu|| perform all legal services required under this Agreement as an independent cou1cuotmr of City, and abo|1 remain, at all times as to City, a p/boUy independent contractor with only such obligations as are required under this Agreement. Neither City, nor any of its oonpioycou, uho|| have any control over the manner, nnode, or 000una by which the Firm, its agents or employees, render the |ugu) services required under this Agreement, except as otherwise set forth. City shall have no voice in the ae|outiuu' discharge, supervision or control of the Firm's employees, ucrvuu1x, representatives, or ugeob` or in fixing their uonnbec, compensation, or hours ofservice. 10. INSURANCE The Firm ebu|l procure and maintain, at its sole cost and expense, in u form and content satisfactory to City, during the entire term ofthis /\gcecnuenL including any extension thereof, the following policies ofinsurance: hA Comprehensive General Liability Insurance. /\ policy o[comprehensive general liability insurance written on a per occurrence basis in an amount not less than a combined single limit of One Million Dollars ($1,000,000.00), and One Million Dollars ($!,0OO`O00.U0) products and completed operations. (b) Workers' Compensation Insurance. A policy of workers' compensation insurance in such amount as will fully comply with the |uwy of the State of California and which shall indemnify, insure and provide legal defense against any loss, claim or damage arising from any injuries or occupational dimoumou occurring to any worker employed by or any persons retained by the Firm in the course of carrying out the work or ocrv|oem ooutonnp|otod in this /\Qrcecncnt. (c) Automobile Insurance. /\ policy o[ comprehensive automobile liability insurance written on a per occurrence hoeio in an amount not |cao than combined miog|c limit liability of One Million Dollars ($1,000.000.00). Said policy shall include coverage for any owner, non- owner, leased and hired cars. (d) £rvory and Onnioyiuno /oauruuoe. & policy of professional liability issuance written ooaclaims rnudc 6uyim in an amount not |csa than Three Million Dollars ($3.000,000.00). Except for the policies of professional |iuhi|by insurance and workers' compensation insurance, all of the above policies of insurance ohu|| be primary insurance and shall name City, its officers, employers and agents as additionally insured. Except for the policy of professional liability insurance, the insurer shall waive all rights of subrogation and contribution it may have 4 against City, its officers, employees and agents and their respective insurers. Enocot for the policy mf professional liability insurance, all o[ said policies ofinsurance shall provide that said insurance may not be unueudcd or canceled vviCbouL providing tbhty`duyy` (30-days') prior written notice iu RVVG (which ehu|| immediately provide such notice tbthe City byregistered mail) except in the case of non-payment o[premium, io which case 1on-doyy` (|O duYa`) notice shall heprovided. In the event any of said policies of insurance are cancelled, the attorney shall, prior to the cancellation date, submit new evidence of insurance in uooforrnoucu with this Section to City. Failure to do so is cause for termination. lL INDEMNIFICATION The Firm agrees k/ indemnify, defend and hold harmless City, its officers, employees and agents, against any and all actiuns, suits, claims, damages to peruuuu or property, |omsem, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or Uobi|hieu") that may be asserted or claimed hv any person, firm or entity arising out o[or in connection with the vvodc, operations or activities ofthe Firm, its agents, employees, subcontractors, or invitees, provided for herein orarising from the acts uromissions of the Firm hereunder, or arising from the Finn`m performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the cx1oni such o|uiomm or liabilities arise from the negligence or vvU|b/l misconduct ofCity, its officers, agents oremployees. 82. NOTICES Notices required pursuant tuthis Agreement ahu\| be given by personal service upon the party to be notified, or by delivery o[same into the custody ofthe United 8to1em Postal Service, or its |un/fu( successor; postage prepaid and addressed as {bllup/u: CITY: City of Baldwin Park 14403 East Pacific Ave. Baldwin Park, Cf\9l706-4297 Attention: Chief Executive Officer ATTORNEY: Richards Watson &cGershon om 355 South (]rund/\vcnuc,4" Floor Los Angeles, C/\9l7O0'4297 (2|3) 626-8484 (213)626-0078({ax) Attention: Patrick "Kit" Bobko Service ofunotice by personal service shall be deemed to have been given uoof the date of such personal service. Notice given by deposit with the United Siu{cu Poaio1 Service shall be deemed to have been given two (2) consecutive business days following the deposit ofthe nomc in the custody of said Poe1o| Service. Either party hereto may.. from time to time, by vvrh1cu notice to the other, designate different address or person which uhu|( be substituted for that specified above. 13. NON-DISCRIMINATION In connection with the execution of this Agreement, the Firm ohuU not discriminate against any employee or applicant fhr cn4p|oyooeu{ because of race, religion, mu,ka| status, color, sex, handicap, sexual persuasion, or national origin. The Pinn shall take affirnouzi*e action to ensure that applicants are employed, and that employees are treated fairly during their cnop|*ynmcut^ without regard to their race, religion, color, sex, marital status, handicap, sexual persuasion, or national origin. Such actions mhu|/ include, but not be limited tuthe following: employment, promotion, demotion, transfer, duties assignment-, recruitment or recruitment advertising; layoff oC termination; rates ofpo}mr other forms ofcompensation, and uc|ocdon for t cr ai i m�, including apprc o ices bi p. 14. TERM, DISCHARGE AND WITHDRAWAL This Agreement mhu|| commence outhe date it is executed by City, and shall nrmuiu in full force and effect until terminated by either party hereto City may discharge the Firm at any time. The Firm and the assigned personnel ahu|| have no right to hearing ocnotice, and may he dimobnzOcd with or without notice. The Firm may withdraw from City's representation at any tioe`tuthe extent permitted by law, and the Rules ofProfessional Conduct, upon at least oindy- daYa`(6U-duys') notice boCity. ln the event nf such discharge or withdrawal, City will pay the Firm professional fees and coats, in accordance with this Agreement, for all work done (and costs incurred) through the date of cessation of 1cgo| representation, including without limitation, proration of the monthly retainer amount to the date uf such cessation. City agrees in execute, upon request, aNipu|utiou in such form asto permit the Firm to withdraw au City's attorneys ofrecord in any legal action then pending. The Firm nbu|) deliver all documents and records of City to Cbv` or to counsel designated bvCity, and assist tuthe fullest extent puaoi6|e in the orderly transition ofall pending matters to City's new counsel. 15. CONFLICTS The Firm is unuvvonz of any present or contemplated employment vvbicb is adverse to City. The Firm ugcccx that during the term of this agreement it shall not represent clients in matters citbc, litigation or nuu-|dign1iuu against City. However, the Firm may have past and present clients or may have future clients, which, from time to iinnc, may have ioicruuta adverse to [ky, and the Firno reserves the right to represent such u|ionts in nnn1tcrs not connected with its representation ofCity. }fupotential conflict of interest arises in the Firm's representation of two clients, if such conflict is only speculative or minor, \hco the Firm mhu{\ seek waivers from each client with regards to such rcprcecuiutiou. Bovvcvec i[ncul conflicts exist, the Firm vvuu|d n/iLbdravv from representing either client in the matter, and assist them in obtaining outside special counsel. 1.6. INTERPRETATION OF AGREEMENT AND FORUM This Agreement shall be construed and interpreted both as to validity and performance of the parties in accordance with the laws of the State of California. In the event of any dispute hereunder, forum shall be the Superior Court, Los Angeles County. 17. INTEGRATED AGREEMENT, AMENDMENT This Agreement contains all of the agreement of the parties and cannot be amended or modified except by written agreement. No prior oral or written understanding shall be of any ) %,VV�I�" I V-�l --j -- f:111rcc or effect wit" respect to those mattel 1-1-red m +'-,is Agreement. This Agreement I- Iky L I It I, amended at any time by the mutual consent of the parties by an instrument in writing. 18. AUTHORITY The persons executing this Agreement on behalf of the parties hereto warrant they are duly authorized to execute this Agreement on behalf of said parties and that in so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date of execution by City. Dated: 2013 "CITY" CITY OF BALDWIN PARK, a municipal corporation By: ATTEST: Alejandra Avila, City Clerk Manuel Lozano, Mayor Dated: .2013 "FIRM" RICHARDS, WATSON & GERSHON, A Profes onal n By: K vs r rrr "ayserSu Corp rpe. Chairman EXHIBIT "A" STATEMENT OF BILLING PRACTICES The Firm's fees are charged on an hourly basis for all time actually expended and are generally billed monthly with payment due within thirty (30 days after the date o[ the bill. The current hourly design rate for the attorneys and staff working uothis matter will be set forth in the billing statement. Annually, you will beprovided with the prevailing hourly design rates for the attorneys who will spend the orcdo,niootc amount of time on this nzuitec It should be understood that hourly rates are reviewed, and when appropriate, adjusted to rcDcot increases in seniority and experience as well as inflationary factors. These increases are generally made un an annual basis effective o1 the beginning o[ each calendar year. However, where contract rates are established, they prevail over design rates. The Firm will incur various costs and osponmux in performing \cgo) services. Theme costs and expenses are separately billed to the client and include fees fixed by law ocassessed by public agencies, litigation costs including deposition, reporter fees, and transcript fees, |uog distance telephone calls, messenger and other delivery fees, postage, photocopying (charge of twenty cents ($.20) per page) and other reproduction costs, staff overtime when necessitated and authorized by the client, and computer-assisted research k:mm when authorized by the client, all based onthe actual and rcuoonub|c cost (mileage, reproduction and other costs are periodically adjusted in accordance with the Piron`o uctou| coats). }|ovvcver, where designated by contract, such costs and expenses shall be included in the contract rates. Except as cm(uh|imbed by contract, travel costs, including mileage (ournco1 IRS rate), parking, uirtare, lodging, meals, and incidentals, are charged io connection with administrative o, judicial proceedings, or when traveling outside of Los Angeles County. Travel time may also be charged in connection with such proceedings. In addition, the u|icod will be responsible for paying the fees of consultants and other outside experts who are retained after consultation with the client. It is understood the Firm will generally not charge for n`ilnogc or travel time between our office and City facilities, no, for local telephone ou}b or calls made to City. In exchange, the Firm ohu|| not be charged for calls made or received at City, whether local or long-distance, or for copying charges since copying onsite will reduce the charge to the client. The monthly billing ata1urnontm for /ecm and costs obnll indicate the basis of the feey, including a detailed and auditable breakdown of the hours worked, the billable rates charged and description of the work performed. All bills are expected iobc paid within thirty (3O) days from the date of the billing mto1onocnt. In the event any otu1orncnt rernuiuo unpaid for more than thirty '30) days after the du1c of the statement, interest thereon at the rate of ten percent (1096) per annum xbu|} he due and payable thereafter onthe unpaid bo|aooc. Registration fees for attorneys attending conferences and monninurm are paid by the Firm and are never charged to City (unless expressly requested by City). Page lofl Augus17, 201,3 staff 'prpor°t �fitac�imea�t 3 CONTRACT SERVICES AGREEMENT FOR SPECIAL COUNSEL SERVICES CITY OF BALDWIN PARK This CONTRACT SERVICES AGREEMENT FOR SPECIAL COUNSEL SERVICES (the "Agreement ") by and between the Iaw firm of Ross & Casso, a California limited liability partnership (the "Firm "), and the CITY OF BALDWIN PARK, a municipal corporation ( "City "). The term "City" shall also include all boards, commissions, financing authorities, and other bodies of City. City Council hereby engages the Firms to provide special counsel services related to personnel, litigation, liability and other special services, as requested by the City Council. Such services shall be provided by or under the supervision of James M. Casso. Notwithstanding the foregoing named person(s), the Firm may, from time to time, designate other attorneys with the Firm to provide the special counsel services, with the approval of the City Council, except from time to time necessary due to illness or vacation scheduling. 2. SCOPE OF WORK AND DUTIES A. The Firm shall perform any and all work necessary for the provision of special counsel, when specifically requested by the City Council, to: (i) Attend various City meetings; and (ii) Provide legal advice, written legal opinions, and consultation, as needed on matters affecting personnel, litigation, liability and other special services, as requested; and (iii) Be available for telephone consultation with City staff, as needed regarding personnel, litigation, liability and other special services, as requested; and (iv) Prepare or review necessary agreements and related documents regarding personnel, litigation, liability and other special services, as requested by City. B. The designated special counsel will keep City informed as to the progress and status of all pending matters in accordance with such procedures as City may establish from time to time. The assigned special counsel is expected to manage, control and oversee the delivery of legal services in a competent, professional, and cost - effective manner. All legal services shall be properly supervised and all personnel shall be qualified to handle the work assigned. C. All legal services shall be coordinated under the direction of the Chief Executive Officer. Nothing in this Agreement shall be construed in any manner as limiting the ultimate and absolute discretion of the City Council, at any time, to assign or reassign matters to or from the Firm. 3. CITY DUTIES City agrees to provide such information, assistance, cooperation, and access to books, records, and other information as is necessary for the Firm to effectively render its professional services under this Agreement. To the extent City desires services to be rendered on site, City, at City's expense, will make available sufficient office space, furniture, telephones, computers, facsimile machines, and secretarial support, as approved by the Chief Executive Officer, as may be necessary therefor. City further agrees to abide by this Agreement, and to timely pay the Firm's bills for fees, costs, and expenses, as established by this Agreement. However, nothing in this Section, or any other part of this Agreement, shall be construed in any manner as limiting the ultimate and absolute discretion of the City Council, at any time, to assign or reassign matters to or from the Firm. 4. PERSONNEL Except as provided in Section 1, above, the Firm will exercise its discretion to utilize whichever attomey(s) (and staff) it determines to be best suited to its rendition of legal services under this Agreement, consistent with the competent and efficient rendering of legal services, and with a view toward rendering such services in an economically efficient manner. 5. COMPENSATION The Firm agrees to provide all the foregoing legal services at the following hourly rates: A. For special non - litigation matters: Personnel Rate Managing Partner $250.00 Partner $250.00 Senior Counsel $250.00 Associate $225.00 Paralegal $95.00 B. For special litigation matters: Personnel Rate Managing Partner $250.00 Partner $250.00 Senior Counsel $250.00 Associate $225.00 Paralegal $95.00 2 C. Reimbursement: For those legal services for which the City can be reimbursed by third parties, either pursuant to City policy, by statutory authority or agreement, we will charge the City a blended rate of $425.00 per hour. In the event the rates are not reimbursed by a third party, the City shall be charged the applicable rate, provided herein, for the services rendered. 6. COSTS AND OTHER CHARGES The Firm may incur various costs and expenses in rendering the legal services required _ by this Agreement, which, if customary and necessary for the performance of legal services hereunder, shall be reimbursable by City. Those costs and expenses are described in more detail in Exhibit "A." City agrees to reimburse the Firm for expenses such as experts' or consultant fees, or litigation expenses such as court reporters, which shall be passed through to City at the actual costs thereof The Firm may determine it necessary or appropriate to use one or more outside investigators, consultants, or experts in rendering the legal services required (particularly if a matter goes into litigation). City will be responsible for paying such fees and charges. The Firm will not, however, retain the services of any outside investigators, consultants, or experts without the prior agreement of City. The Firm will select any investigators, consultants, or experts to be hired only after consultation with City. Extraordinary travel expenses, including transportation, meals, and lodging, when incurred on behalf of the client shall be reimbursed by City only with the prior agreement of City. Finally, periodically, when on -site, the Finn personnel may be required to make local and long- distance telephone calls, or make photocopies, or incur other expenses on behalf of City as well as other clients. The Firm will not be charged for such expenses and, in exchange, will not charge City for calls made from our office or other locations to City. 7. STATEMENTS AND PAYMENT The Finn shall render to City a statement for fees, costs, and expenses incurred on a periodic basis (generally monthly). Such statement(s) shall indicate the basis of the fees, including the hours worked, the hourly rate(s), and a brief description of the work performed. Separate billing categories can be established to track costs associated with City funding categories or to track project costs, or such other basis as City may direct. Reimbursable costs shall be separately itemized. Payments shall be made by City within thirty (30) days of receipt of the statement, except for those specific items on an invoice which are contested or questioned and are returned by City with a written explanation of the question or contest, within thirty (30) days of receipt of the invoice. Payments made more than thirty (30) days after the due date shall draw interest at the legal rate. 8. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT The experience, knowledge, capability and reputation of the Firm, its members, officers, partners, associates, and employees, was a substantial inducement for City to enter into this Agreement. Therefore, the Firm shall not contract with any other person or entity to perform, in whole or in part, the legal services required under this Agreement without the written approval of City. In addition, neither this Agreement, nor any interest herein, may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily, or by operation of law, whether for the benefit of creditors, or otherwise, without the prior written approval of City. Adding attorneys to the Firm, changes in the partnership, name changes and similar changes shall not be deemed a transfer or assignment requiring approval —of C.ty va1e1d+ent, hereof .7 11 9. INDEPENDENT CONTRACTOR The Finn shall perform all legal services required under this Agreement as an independent contractor of City, and shall remain, at all times as to City, a wholly independent contractor with only such obligations as are required under this Agreement. Neither City, nor any of its employees, shall have any control over the manner, mode, or means by which the Firm, its agents or employees, render the legal services required under this Agreement, except as otherwise set forth City shall have no voice in the selection, discharge, supervision or control of the Firm's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. 10. INSURANCE The Firm shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than a combined single limit of One Million Dollars ($1,000,000.00), and One Million Dollars ($1,000,000.00) products and completed operations. (b) Workers' Compensation Insurance. A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Firm and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automobile Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than a combined single limit liability of One Million Dollars ($1,000,000.00). Said policy shall include coverage for owner, non- owner, leased and hired cars. (d) Errors and Omissions Insurance. A policy of professional liability issuance written on a claims made basis in an amount not less than Three Million Dollars ($3,000,000.00). B Except for the policy of professional liability insurance, all of the above policies of insurance shall be primary insurance and shall name City, its officers, employers and agents as additionally insured. Except for the policy of professional liability insurance, the insurer shall waive all rights of subrogation and contribution it may have against City, its officers, employees and agents and their respective insurers. Except for the policy of professional liability insurance, all of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty -days' (30- days') prior written notice by registered mail to City. h1 the event any of said policies of insurance are cancelled, the attorney shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to City. Failure to do so is cause for termination. 11. INDEMNIFICATION The Firm agrees to indemnify, defend and hold harmless City, its officers, employees and agents, against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities ") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of the Firm, its agents, employees, subcontractors, or invitees, provided for herein or arising from the acts or omissions of the Firm hereunder, or arising from the Firm's performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise s from the negligence or willful misconduct of City, its officers, agents or employees. 12. NOTICES Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified, or by delivery of same into the custody of the United States Postal Service, or its lawful successor; postage prepaid and addressed as follows: CITY: City of Baldwin Park 14403 East Pacific Ave. Baldwin Park, CA 91706 -4297 Attention: Chief Executive Officer ATTORNEY: Ross & Casso 520 South Grand, Suite 300 Los Angeles, CA 90071 (213) 892 -1592 (213) 892 -1519 Attn: James M. Casso Service of a notice by personal service shall be deemed to have been given as of the date of such personal service. Notice given by deposit with the United States Postal Service shall be deemed to have been given two (2) consecutive business days following the deposit of the same in the custody of said Postal Service. Either party hereto may, from time to time, by written notice to the other, designate a different address or person which shall be substituted for that specified above. 13. NON- DISCRIMINATION In connection with the execution of this Agreement, the Firm shall not discriminate against any employee or applicant for employment because of race, religion, marital status, color, sex, handicap, sexual persuasion, or national origin. The Firm shall take affirmative action to ensure that applicants are employed, and that employees are treated fairly during their employment, without regard to their race, religion, color, sex, marital status, handicap, sexual persuasion, or national origin. Such actions shall include, but not be limited to the following: employment, promotion, demotion, transfer, duties assignment; recruitment or recruitment advertising; layoff of termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. 14. TERM, DISCHARGE AND WITHDRAWAL This Agreement shall continence on the date it is executed by City, and shall remain in full force and effect until terminated by either party hereto City may discharge the Firm at any time. The Firm and the assigned personnel shall have no night to hearing or notice, and may be discharged with or without notice. The Firm may withdraw from City's representation at any time, to the extent permitted by law, and the Rules of Professional Conduct, upon at least sixty - days' (60- days') notice to City. In the event of such discharge or withdrawal, City will pay the Firm professional fees and costs, in accordance with this Agreement, for all work done (and costs incurred) through the date of cessation of legal representation, including without limitation, proration of the monthly retainer amount to the date of such cessation. City agrees to execute, upon request, a stipulation in such form as to permit the Firm to withdraw as City's attorneys of record in any legal action then pending. The Firm shall deliver all documents and records of City to City, or to counsel designated by City, and assist to the fullest extent possible in the orderly transition of all pending matters to City's new counsel. 15. CONFLICTS The Finn has no present or contemplated employment which is adverse to City. The Firm agrees it shall not represent clients in matters either litigation or non - litigation against City. However, the Firm may have past and present clients or may have future clients, which, from time to time, may have interests adverse to City, and the Firm reserves the right to represent such clients in matters not connected with its representation of City. If a potential conflict of interest arises in the Firm's representation of two clients, if such conflict is only speculative or minor, then the Firm shall seek waivers from each client with regards to such representation. However, if real conflicts exist, the the Firm would withdraw from representing either client in the matter, and assist them in obtaining outside special counsel. 0 16. INTERPRETATION OF AGREEMENT AND FORUM This Agreement shall be construed and interpreted both as to validity and performance of the parties in accordance with the laws of the State of California. In the event of any dispute hereunder, forum shall be the Superior Court, Los Angeles County. 17. INTEGRATED AGREEMENT; AMENDMENT This Agreement contains all of the agreement of the parties and cannot be amended or modified except by written agreement. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an. instrument in writing. 18. AUTHORITY The persons executing this Agreement on behalf of the parties hereto warrant they are duly authorized to execute this Agreement on behalf of said parties and that in so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date of execution by City. Dated: August _, 2013 "CITY" CITY OF BALDWIN PARK, a municipal corporation In ATTEST: Alejandra Avila, City Clerk Dated: August 2013 R IV 7 Manuel Lozano, Mayor EXHIBIT "A" STATEMENT OF BILLING PRACTICES The Firm's fees are charged on an hourly basis for all time actually expended and are generally billed monthly with payment due within thirty (30) days after the date of the bill. The current hourly design rate for the attorneys and staff working on this matter will be set forth in the billing statement. Annually, you will be provided with the prevailing hourly design rates for the attorneys who will spend the predominate amount of time on this matter. It should be understood that hourly rates are reviewed, and when appropriate, adjusted to reflect increases in seniority and experience. The rates set forth in Section 5 shall be adjusted at the beginning of each fiscal year, commencing July 1, 2014, pursuant to the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics as of December of the prior calendar year aor the Les Angeles lU erside /"range Counties average, all items, not seasonally adjusted, rounded up to the nearest five dollars ($5.00) per hour, however, such adjustment shall be no less than 2.5% per year. The Firm will incur various costs and expenses in performing legal services, These costs and expenses are separately billed to the client and include fees fixed by law or assessed by public agencies, litigation costs including deposition, reporter fees, and transcript fees, and are all based on the actual and reasonable cost. However, where designated by contract, such costs and expenses shall be included in the contract rates. Firm does not bill for costs such as duplication, facsimile charges, delivery charges and postage expenses; instead, there will be an overhead charge of 5% of each invoice to cover these costs on average. Except as established by contract, travel costs, including mileage (current IRS rate), parking, airfare, lodging, meals, and incidentals, are charged in connection with administrative or judicial proceedings, or when traveling outside of Los Angeles County. Travel time may also be charged in connection with such proceedings. In addition, the client will be responsible for paying the fees of consultants and other outside experts who are retained after consultation with the client. It is understood the Firm will generally not charge for mileage or travel time between our office and City facilities, nor for local telephone calls or calls made to City. In exchange, the Firm shall not be charged for calls made or received at City, whether local or long- distance, or for copying charges since copying onsite will reduce the charge to the client. The monthly billing statements for fees and costs shall indicate the basis of the fees, including a detailed and auditable breakdown of the hours worked, the billable rates charged and description of the work performed. All bills are expected to be paid within thirty (30) days from the date of the billing statement. In the event any statement remains unpaid for more than thirty (30) days after the date of the statement, interest thereon at the rate of ten percent (10 %) per annum shall be due and payable thereafter on the unpaid balance. Registration fees for attorneys attending conferences and seminars are paid by the Firm and are never charged to City (unless expressly requested by City). Page 1 of 1 ..Awwt � 4 Mk I F, I IAA DWIN r I A I K I K TO: FROM: DATE: AUG 0 7 CITY OF BALDWIN PARK STAFFWdP �. Honorable Mayor and Members of the City Council Marc Castagnola, AICP, Community Development Ma August 7, 2013 SUBJECT: Public hearing of the City Council to adopt a resolution and the City's 2013 Congestion Management Program Local Implementation Report This report requests City Council self-certification of compliance with the Los Angeles County Congestion Management Program. BACKGROUND/DISCUSSION In 1992, the Congestion Management Program (CMP) forged new ground in linking transportation, land use and air quality decisions for one of the most complex urban areas in the Country. The CMP has been continuously updated as a result of a voter- approved initiative (Proposition 111); however, the most recent update was approved by the MTA Board in July 2004. The state legislature requires the MTA to annually monitor and determine that local jurisdictions are in compliance with the CMP. A self- certification process has been established by the MTA to simplify the process for both the local jurisdictions and the MTA. The City's Planning Division has been tracking development projects in accordance with the CMP Deficiency Plan process since 1994. However, as part of the approval of the 2003 Short Range Transportation Plan, the MTA Board authorized a nexus study to evaluate the feasibility of implementing a congestion mitigation fee and, as a result, the requirements for maintaining a positive credit balance have been suspended. Attached to Resolution 2013-029 is a copy of the City's Local Implementation Report (LIR) for the reporting period of June 1, 2012 to May 31, 2013. The report shows development activity for residential, commercial, and non-retail development sectors. The balance was arrived at by subtracting the new development adjustments (i.e. demolitions) and any exempted development activity from the sum of all new development. CMP 2013 LIR August 7, 2013 Pape 2 of 2 RECOMMENDATION It is recommended that the City Council open the public hearing, receive any public comment, close the public hearing and adopt Resolution 2013 -029, "A RESOLUTION OF THE CITY OF BALDWIN PARK FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." ATTACHMENTS = Attachment #1, Resolution 2013 -029 With 2013 CMP Local Implementation Report Report Prepared by: Amy L. Harbin, AICP, City Plan r C:Wmy\AMY \WORD \Reports \Council Reports\CMPLIR13.doc • , C:\Amy\AMY \WORD \Reports \Council Reports \CMPLIR13.doc RESOLUTION 2013-029 A RESOLUTION OF THE CITY OF BALDWIN PARK FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. WHEREAS, CMP statute requires the Los Angeles County Metropolitan X/ act �j — L � �� �­ Management Agency Transportation Authorit " ("LACMTA"), nr- ing as the Cnngesti- ty for Los Angeles County, to annually determine that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, LACMTA requires submittal of the CMP Local Development Report by September 1 of each year-, and WHEREAS, the City Council held a noticed public hearing on August 7, 1891191 NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City has taken all of the following actions, and that the City is in conformance with all applicable requirements of the 2010 CMP adopted by the LACMTA Board on October 28, 2010. a) The City has locally adopted and continues to implement a transportation demand management ordinance, consistent with the minimum requirements identified in the CMP Transportation Demand Management chapter. b) The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program chapter. c) The City has adopted a Local Development Report, attached hereto and made a part hereof, consistent with the requirements identified in the 2010 CMP. This report balances traffic congestion impacts due to growth within the City with transportation improvements, and demonstrates that the City is meeting its responsibilities under the Countywide Deficiency Plan consistent with the LACMTA Board adopted 2003 Short Range Transportation Plan. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation Authority. ADOPTED this 7th day of August, 2013. ALEJANDRA AVILA CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2013-029 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on August 7, 2013 by the following vote: AYES: MEMBER: NOES: MEMBER: ALEJANDRA AVILA CITY CLERK ENTER JURISDICTION NAME Date Prepared: July 23, 2013 2013 CMP Local Development Report Reporting Period: JUNE 1, 2012 - MAY 31, 2013 Contact: Amy Harbin, City Planner Phone Number: 626 - 960 -4011 x475 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY * IMPORTANT: All ' value!" cells on this page are automatically calculated. Please do not enter data in these cells. DEVELOPMENT TOTALS RESIDENTIAL DEVELOPMENT ACTIVITY Single Family Residential Multi - Family Residential Group Quarters COMMERCIAL DEVELOPMENT ACTIVITY Commercial (less than 300,000 sq.ft.) Commercial (300,000 sq.ft. or more) Freestanding Eating & Drinking NON - RETAIL DEVELOPMENT ACTIVITY Lodging Industrial Office (less than 50,000 sq.ft.) Office (50,000- 299,999 sq.ft.) Office (300,000 sq.ft. or more) Medical Government Institutional /Educational University (# of students) OTHER DEVELOPMENT ACTIVITY ENTER IF APPLICABLE ENTER IF APPLICABLE EXEMPTED DEVELOPMENT TOTALS Exempted Dwelling Units Exempted Non- residential sq. ft. (in 1,000s Dwelling Units (5.00) 0.00 0.00 1,000 Net Sq.Ft.2 (7,500.00) 0.00 0.00 1.000 Net Sa.Ft.2 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Daily Trips 0.00 .,._._.,. 0.00 0 Page 1 2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3. ENTER JURISDICTION NAME Date Prepared: July 23, 2013 2013 CMP Local Development Report Reporting Period: JUNE 1, 2012 - MAY 31, 2013 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." PART DEVELOPMENT RESIDENTIAL DEVELOPMENT ACTIVITY Category Dwelling Units Single Family Residential 4.00 Multi- Family Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial (less than 300,000 sq.ft.) 0.00 Commercial (300,000 sq.ft. or more) 0.00 Freestanding Eating & Drinking 0.00 NON - RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 0.00 Office (less than 50,000 sq.ft.) 0.00 Office (50,000- 299,999 sq.ft.) 0.00 Office (300,000 sq.ft. or more) 0.00 Medical 0.00 Government 0.00 Institutional /Educational 0.00 University (# of students) 0.00 OTHER DEVELOPMENT ACTIVITY 120s.f. 1941 replica of InNOut Burger Store ENTER IF APPLICABLE Daily Trips 0 0.00 ENTER IF APPLICABLE 0.00 Page 2 ENTER JURISDICTION NAME Date Prepared: July 23, 2013 2013 CMP Local Development Report Reporting Period: JUNE 1, 2012 - MAY 31, 2013 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." ... DEVELOPMENT IMPORTANT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure with the reporting period. RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwelling Units Single Family Residential 9.00 Multi - Family Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial (less than 300,000 sq.ft.) 7,500.00 Commercial (300,000 sq.ft. or more) 0.00 Freestanding Eating & Drinking 0.00 NON- RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 0.00 Office (less than 50,000 sq.ft.) 0.00 Office (50,000- 299,999 sq.ft.) 0.00 Office (300,000 sq.ft. or more) 0.00 Medical 0.00 Government 0.00 Institutional /Educational 0.00 University (# of students) 0.00 OTHER DEVELOPMENT ACTIVITY Description (Attach additional sheets if necessary) Daily Trips (Enter "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Page 3 ENTER JURISDICTION NAME Date Prepared: July 23, 2013 2013 CMP Local Development Report Reporting Period: JUNE 1, 2012 - MAY 31, 2013 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." PART 3. EXEMPTEO ®° (NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS) LowNery Low Income Housing I 0 Dwelling Units High Density Residential I -nil Dwelling Units Near Rail Stations Mixed Use Developments 0 1,000 Gross Square Feet Near Rail Stations 0 Dwelling Units Development Agreements Entered 0 1,000 Gross Square Feet into Prior to July 10, 1989 0 Dwelling Units Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged due to "calamity" 0 Dwelling Units Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged in Jan. 1994 Earthquake 0 Dwelling Units Total Dwelling Units 0 Total Non - residential sq. ft. (in 1,000s) 0 Page 4 Exempted Development Definitions: 1. Low/Very Low Income Housing: As defined by the California Department of Housing and Community Development as follows: - Low- Income: equal to or less than 80% of the County median income, with adjustments for family size. - Very Low - Income: equal to or less than 50% of the County median income, with adjustments for family size. 2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger station and that is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre is automatically considered high density. 3. Mixed Uses Near Rail Stations: Mixed -use development located within 1/4 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing. 4. Development Agreements: Projects that entered into a development agreement (as specified under Section 65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989, 5. Reconstruction or replacement of any residential or non - residential structure which is damaged or destroyed, to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity. 6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approval /disapproval authority. These locally precluded projects do not have to be reported in the LDR. IN I, CITY OF • ,N `1! ill AGENDA TO: Honorable Mayor and Members of the City Council ITEM FROM: Manuel Carrillo Jr., Director of Recreation & Community Se DATE: August 7, 2013 SUBJECT: CONSIDERATION OF RE-APPOINTMENTS TO FILL STUDENT VACANCIES FOR THE RECREATION AND COMMUNITY COMMISSION -• The purpose of this report is to request the City Council to re- appoint student applicants to the City's Commission offices for the Student Commission vacancies in the Recreation and Community Services Commission. The Recreation and Community Services Commission consists of eight members who shall be designated as Commission Office Nos. 1 through 8. Three members shall be designated to Commissioners Office Nos. 6, 7 and 8 respectively. These appointments shall be over the age of 16 years, and less than 19 years of age during their term. One (1) member shall be a student at Baldwin Park High School, the other member shall be a student at Sierra Vista High School, and one member shall be a student at North Park High School at the time of their respective appointments. The Recreation and Community Services Commission currently has three (3) vacancies for student commissioners from Baldwin Park High School, Sierra Vista High School and North Park High School. DISCUSSION A student from Baldwin Park High School and Sierra Vista High School were appointed to the Recreation and Community Services commission on March 15, 2013. Both students were recommended by their respective principles at their high school for outstanding and active involvement. The names of the recommended students for re- appointment have been listed below: Baldwin Park High School Kimberly Lau Sierra Vista High School Ruth Viveros These students are deemed to be actively engaged youth from the community and prime candidates for a role as a Student Commissioner. Each student has been recommended by the principal at their high school and is currently serving on the Recreation and Community Services commission since April 2013. There is no fiscal impact for the appointment of two (2) student commissioners. All positions in the Recreation and Community Services Commission are currently included in the Fiscal Year 2013 -2014 budget. Staff recommends City Council review the student commission applications and school recommendation to: A -prove Resolution No. 2013 - 030; and 2. Re- Appoint Commission Offices subject to satisfactory background checks through the Department of Justice. Attachments: A) Resolution No. 2013 - 030 B) Student Commission Applications I�1 [ u RESOLUTION NO. 2013 -030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2010 -028 APPOINTING INDIVIDUALS TO THE RECREATION & COMMUNITY SERVICES COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY TO OFFICE NO. 7 AND NO. 8, FOR A TERM TO EXPIRE JUNE 30, 2014 AND JUNE 30, 2015 WHEREAS, the Recreation and Community Services Commission consists of eight members and members of Office Nos. 1 through 5 are appointed to a two -year L ___ �� . , b.r� ,.� n ,.� nlnc r +hYrlllnh R (Student Commissioners) are appointed Le 1 1 1 and members s o V )ruse Irv. . v u irv.ay 0�+ =u� to a one -year term; and WHEREAS, vacancies currently exist in Offices Nos. 1, 2, 3, 4 & 5; and WHEREAS, a public Notice of Vacancy was posted for a minimum of 60 -days at three locations within the city, was posted on the city's website and in the Spring Issue of the Baldwin Park NOW. The deadline for submission was continuous until filled. WHEREAS, the City Council desires to fill the vacancies of Office Nos. 1, 2, 3, 4 & 5; and WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.52, appointments to Office Nos. 1, 4 & 5 are made and entered onto this resolution for a term expiring June 30, 2014 and Office Nos. 2 & 3 are made and entered onto this resolution for a term expiring June 30, 2015. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. That the following are appointed as members of the Housing Commission and shall hold office at the pleasure of the City Council and serve for the term as follows: Office 1 — � Cecelia D. Bernal Office 2 — Irma Tarango Office 3 — Alfredo Orozco Office 4 — Martha Reyes Office 5 — Joann Watkins Office 6 — Ruth Viveros Office 7 — Kimberly Lau Office 8 — VACANT for the term expiring June 30, 2014 for the term expiring June 30, 2015 for the term expiring June 30, 2015 for the term expiring June 30, 2014 for the term expiring June 30, 2014 for the term expiring June 30, 2014 Sierra Vista High School Student for the term expiring June 30, 2014 Baldwin Park High School Student for the term expiring June 30, 2014 North Park High School Student Section 2. That the City Clerk shall certify to the adoption of this Resolution and forward a copy of this Resolution to Commission appointees and a copy to the Commission secretary. PASSED, APPROVED and ADOPTED on August 7, 2013. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, 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 of the City Council August 7, 2013 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILA CITY CLERK 1 1 t TY OF BALDWTN PARK - index-php http-//www.baldwinpark.conVindex,php?option--com docman&task--d... PLEASE ATTACH A CITY OF BALDWIN PARK Ci T- CURRENT COPY OF APPLICATION FOR CITY 'URC-3 A UTILITY BILL AND And A COPY OF YOUR PHOT011" STATEMENT OF QUALIFICATIONS 4p' -05 Z APPLICATION IS FOR THE FOLLOWINO COMMISSION: 1?= Residency - verification: PERSONAL INFORMATION: Name D Ate: < -7 Residence Address Yes Length of time at thi s Address: E -mail address:_ Home Phone No. Cell/Message Phone No. Are you 18 years of age or olderl Are y 0 u registered to vote in the City of Bald,,irin Park? Do you currently serve as an elected or appointed official for any board and/or agencywithin the City of Baldwin Park? If yes, name of agency and position: EDucAnow Circle Highest grade you completed: 1 2 3 4 5 6 7 8 91(1P 11 12 High School Graduate? L G,E.D.? d Location of CClltg� ®r Unlv� fl f—re e , —_ -- JJame an EMPLOYMENT INFORMATION I EXPERIENCE: 04 Frnplover(s) Position Title Dates of Employ po" Name and Address of "'q 14 'AC j 6 REFERENCES., Please pro-Vida the names of two (g) persons, who are not City of Baldwin Park Elected or Appointed Officizils and who can comment on your capabilities and character. Name p a Phone,No., 5 w 111 �-Rcdl-095'xcew �Z- 216 Cl - 67 A IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? t') "'j If yes, Please list all offenses, date and place of offense(s), and sentenceffine received: AcKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct: Cate Signature Residency - verification: D' yes No D Ate: ReGideiiet'— Yes No Date:— R eiden L-V - - e.rifleation,. yes No Date:— Voter Ra�i,-zti-atioiiVerification: yes _NO A,p ,po4itment date: Tenn expires: '31 I nf? 3126/2013 10:50 AA4 -Irry OF BAIDWIN PARK - iudex,php http:/ /www.baldwinparkcom/index.php': option­--com docmafl&task=d... N arn _,, 010 Commission Requested: STATEMENT OF QUALIFICATIONS-. Use this space to list your goals and objectives and why you feel You should be appointed to the commission for Mich you are applying. Please include any additional information you feel will be -in c6risi-der4fion of -your ap�pdintrnent to this cornmission. beneficial tothe Gouncil r I r c V, t V H I i 'a, ('A V" fl—.�k Q ,,,ii-i,',,.,sll;��-I'l�l— Y 6, �(j v, v, u, C', i 'i Date: /I Signature I'D Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting_ This Application and Statement of Qualifica tion will be kept on file for two (2) years- During this time, should a Vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment MY invalidate this application. : 2 of 2 3/26/2013 10:50 AM .'in" OF BALDWIN PARK - indeypbp hl,t,p://www,baidwinparkcouViadytt? trrVtd man&task- -d--- C a PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION MAY 14 2013 A UTILITY BILL AND A COPY OF YOUR And CITY OF BALD0N PARK P140TO ID STATEMENT OF QUALIFICATIONS G4Y QLERKS F)EPARTMENT APPLICATION IS FOR THE FOLLOWING COMMISSION: (A separate applicat(on is required for each coininission) PERSONAL INFORMATION: 1, , )-S Name U� Ve ff � Residence Address 13 W � S J Length of time at this Address E-m all address: V Ioo -Cum Home Phone No.. CellilvIessage Phone No Are you 18 years of age or older? Are -you registered to vote in the City of Bald.Nrin Park? INA) Do you currently serve as an elected or appointed official for any board andfor agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 1C1 11 12 High School Graduate? G.ED.? EMPLOYMENT INFORMATION I EXPERIENCE: REFERENCES: Please provide the names of two (@) persons, who are not City of Baldviin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone No. Y-0 CO Y Voter ReizL-tratiou"Verification: e _ No 3S3 612 9�0 \J Ck 9' - Lo iu IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION- If yes, Please list all offenses, date and place of offense{s), and sentenceffine received: 1 20*13 _ffi6tlq (4 Date ACKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record- lcertify under penalty of perjury under the lays of the State of California that the foregoing is true and ct Signature Residenev -veiification: Y es No Bate: Y Voter ReizL-tratiou"Verification: e _ No Residency -verification: Yes Date: Appohitment date: Residence' verification: Yes No Date: Terni exj)ires: �r 1 of 2 3/26/2013 10:50 AM -1TY OF BAJDWIN PARK - indeKphp bttp://www.baldwinpark.conVind.ex.plip?optioiy--com docn-jan&tas"... Vin & a V'� V C 0"� Commission Requested: ( y STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Cbunil-ifi considemfion of your appointment to this cbrnrnission. owii Wip r i A-C) com"I (SSWj Vol�lt -TV-V(,XA Ck U Ct (1 r2h Ve . I V) Chu a h , 5,6, VY00, L AAA,V n V -JAIP—j- ( o Acl C m-6A I t n'\b-\n, bdttf -Me T VQ01W IOU w6d �&L-m W�o NN MoAn aqcq 1 o, o, a L - e-4y- ,, awvo Arlea*V1 0 r Y 1:7 � Date: v �4tvD'-� Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment your application MY be included in the pool of applicants provided hovifever, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. 2 oft 3/26/2013 10:50 AM - e-4y- ,, awvo Arlea*V1 0 r Y 1:7 � Date: v �4tvD'-� Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment your application MY be included in the pool of applicants provided hovifever, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. 2 oft 3/26/2013 10:50 AM LLL11-11 10 4e 01-0 § RAM191 N r 03 1 wilvill k, I AUG 0 7 MEM=- SUBJECT: CONTINUED FROM JUNE 19, 2013 - CONSIDERATION • APPOINTMENTS AND/OR REAPPOINTMENTS TO FILL VACANCIES FOR THE HOUSING COMMISSION This report requests that the City Council appoint applicants to City Commission offices for the Housing Commission. The Housing Commission consists of seven members who shall be designated as Commission Office Nos. 1 through 7. Commissioners of Office No. 6 and 7 shall be persons who are tenants of the Authority. Tenant Commissioner No. 7 shall be over 62 years of age. If a Tenant Commissioner ceases to be a tenant of the authority, the person shall be disqualified as a Commissioner and another tenant shall be appointed to fill the unexpired term. HOUSING COMMISSION VACANCIES As you may recall, at the regular meeting on January 16, 2013, the City Council appointed applicants for seats 1, 2, 3, & 5. Seat 4 was filled at that time and seats 6 & 7 were to be re-advertised due to a lack of qualified applicants for the tenant seats. The vacant seats were filled due to early vacancies. Therefore, terms for all seats expire at the same time, June 30, 2013. The following applicants confirmed their interest in the unrestricted Offices and have resubmitted applications requesting consideration of appointment to the Housing Commission: Braulio Oscar Marin INCUMBENT Eduardo Acevedo INCUMBENT John De Leon INCUMBENT Magda Torellas INCUMBENT Mario Betanco INCUMBENT Erminio Gonzales NEW APPLICANT Gloria Cevallos NEW APPLICANT Johanna Gaona NEW APPLICANT Kevin Luc NEW APPLICANT Liliana Ramirez NEW APPLICANT Maribel Aguirre NEW APPLICANT Oscar Joseph Prado NEW APPLICANT Otilia Garcia NEW APPLICANT Staff Report — Commission Appointments Page 2 Applicants for Open Tenant Commission Office 6 Luis A. Montano NEW APPLICANT (6) Although Mr. Montano is the sole applicant, it should be noted that he has been a participant with the BPHA since 2007 and has maintained a good standing with our agency throughout the years. Staff continuously conducts outreach and will accept applications for the Tenant Commission Seat #7, which is restricted to 62 year old or older member of public housing. Once applications are received, they will be presented to the City Council for consideration. BACKGROUND CHECKS Pursuant to City Council direction, all Commissioner appointments are subject to satisfactory backgrounds checks through the Department of Justice. The Commission Incumbents appointed in January 2013 have successfully met this requirement. Any appointed. Commissioner that has not completed a background check within the past 12- months will be required to do so. TERMS In an effort to avoid a mass vacancy of commissioners again, with all terms expiring on the same date, on March 14, 2013, the Housing Commission approved revised By Laws establishing the below term schedule: Initial Year (starting July l't, 2013) Office 1& 2 shall be for a one (1) year term; expiring June 30, 2014 Office 3, 4 & 5 shall be for a two (2) year term; expiring June 30, 2015 Tenant Offices 6 & 7 shall be for a three (3) year term; expiring June 30, 2016, and Following Years Every year thereafter, all commissioners shall be on a two-year term as follows: Term Years Office No. 1 st Term Following Terms 1 2 3 4 5 6 7 8 9 10 11 12 1 1 year 2 1 year 3 2 years 2 Year Cycle for All 4 2 years Commissioners 5 2 years Tenant 3 years Tenant 7 (62+) 3 years Number of Appointments at the end of each year 1 2 3 4 3 4 3 4 3 4 3 4 3 Staff Report —Commission Appointments Page 3 At the request of the City Council on June 19, 2013, staff analyzed the possibility of staggered terms for the Tenant Commission. Taking into consideration the expense of outreach, including mailing flyers and letters and having staff conduct outreach via telephone calls to every Housing Authority participant residing in Baldwin Park, it was determined more cost effective to complete this process every two years for both tenant Commission as opposed to incurring the cost and substantial staff time annually. Staff recommends City Council to review all Commission applications, take nominations and adopt Resolution No. 2013-013 entitled "A RESOLUTION OF THE CITY COUNCIL (')P TWI= r1TV r)P PAI MAIM DADW ADDOIKITING INMIX/Ml IAI Q Tn TWr-: H01 I(z'Nr-- � I I I I" — I I V — 1"i–V Vill I 1 11 %IN 1 11 1 1 M. 1 1 N..' I 1 `1 � I V I L� %�4 r-A I- %_J I '_� I I I I- A I %_� %a 1_1 I 1_J COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NOS. 1, 2, 3, 4, 5, & 6," subject to satisfactory backgrounds checks through the Department of Justice, as follows: ATTACHMENTS Attachment A — Resolution No. 2013- 013 Attachment B — Housing Commission Applications — Non-Restricted Seats Attachment C — Housing Commission Applications — Tenant Seats 1 A .. • r • i 1 RESOLUTION NO. 2013 -013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NOS. 1, 2, 3, 4, 5, & 6 WHEREAS, the Housing Commission consists of seven (7) members, including two members (Office Nos. 6 and 7) who are tenants of the Housing Authority. Office 7 is a tenant who is 62 or older; and WHEREAS, vacancies currently exist in Office Nos. 1 -7; and WHEREAS, a public Notice of Vacancy was posted on the city's website and the Baldwin Park Housing Authority's facebook, and flyers were mailed to all Baldwin Park Housing Authority Housing Choice Voucher Program Participants. The deadline for submission was April 30, 2013. WHEREAS, the City Council desires to fill the scheduled vacancy of Office Nos. 1- 6; and WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.22, appointments to Office Nos. 1 -6 is made and entered onto this resolution for a terms expiring in accordance to the respective term for each office. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. That the following are appointed as members of the Housing Commission and shall hold office at the pleasure of the City Council and serve for their respective term noted below: Section 2. That the City Clerk shall certify to the adoption of this Resolution and forward a copy to this resolution to all appointees and to the Housing Commission Secretary. Resolution No. 2013-013 Page 2 PASSED, APPROVED and ADOPTED this 7t" day of August 2013. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss' CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, 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 of the City Council held on August 7, 2013 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK 0 1 � • • � • ' • � C�� APH (A 'Supdrdlu I PERSONAL INFORMATION: Name Residence Address— Length of time at this Address: k-- E-mail address:— Home Phone No.— Cell/Message Phone No.—. Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park?_4 Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 W High School Graduate? G•E•D•? Name and Location of College or University...._ Course of Study e EMPLOYMENT INFORMATION I EXPERIENCE: Name and Address of Emplo)1er(s) Position Title F rA-(— FUCATS t k V tp VQ_ Dates of Emolovment T ASSOC-, �,l VIE- Lq gc) REFERENCES: Please provide the names of two persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone No. ltc PA P�: X\ -_7 A IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?— If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this ap pri Ii i becomes a public record. I certify app under penalty of perjury t aws of t State of California that the foregoing is true and orrect. Date D f ignature Do Not Write Below this Line - For City Use Only Residency verification: ❑ Yes 1:1 No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: MM • $I � I 1 • Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission.. - Z A3 f--- i -� � /4 kL& use / /0 (20 M In/ 55 1101V e4-Az 4;z 0)0 � Date: Signature PLEASE ATTACH A CITY OF BALDWIN PARK t" l � I 3� �1 : ') P A f7i CURRENT COPY OF APPLICATION FOR CITY CC I I , , �I4 € 11- 7 Li„t:FS DE' F;, A UTILITY BILL AND And:. -t A COPY OF YOUR STATEMENT OF QUALIFICATIONS PHOTO ID APPLICATION IS FOR THE FOLLOWING COMMISSION: � � � �� G� a " �� � ;��` separate application ach comic fission PERSONAL INFORMATION: "���(� Name raR Residence Address_ Length time at this Address:_ lni E -mail address:__ of Home Phone Nc Cell /Message Phone No._ ? i "' Are you registered to vote in the City of Baldwin Park? Are you 18 year of age or older. � f � Y g Ves f Do you currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park? If yes, name of agency and position: Iq " s l E I EDUCATION: ` Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? G.ED.? Name and Location of College or University.. Course of Stud Degree EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address of EmployerE I Position Title Dates of Em to ment REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone No. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLEDGEMENT /CERTIFICATION: I understand tha upon filing, this application becomes a public record. I certify under penalty , f perju .finder the laws of the 3t e of Calif that the foregoing is true nd c' rject. 7 Af Date Signature Do Not Wiite. Below this Line'.- For City Use`ohly Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: — Appointment date: r-i " n A n., +o• Tenm expires 01_uSi Uclluy vullit�ativi i. �, . �� • ••, ` K~ Commission Requested: or Name A, ��ar Use this space — —'' — goals ' and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years, During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. PERSONAL INFORMATION: NameJohn de Leon Residence Addresz,_ Length of time at this Address:2 Years E-mail address. Home Phone Nc, Cell/Message Phone No. Yes Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? y EW Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park?' > If yes, name of agency and position: Housing Commission, Commissioner �J__ EDUCATION: :P0 Yes Circle Highest grade you completed: 1 2 3 4 6 8 9 10 11 12 High School Graduate? G.E.D.? t.) Name and Location of College or UniversitV Course of StudV De-Ewee 'V 'S C-,i EMPLOYMENT INFORMATION I EXPERIENCE: Name and Address of EmpJover(s) Position Title Dates of Employment At Vo CA 1 0 C-1 r ce S exA 014 U,-Aq,�4 q I( i 1- 0 —1) REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone No. Khiem Nguyen Andy Nguyen IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. No HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENUCERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 4/22/2013 Date J1116 n a tu re Do Not Write Below this Line - For Ci�y Use Only Residency verification: EJ Yes El No Date: Voter Registration Verification: El Yes El No Residency verification: El Yes El No Date: Appointment date: Residency verification: El Yes El No Date: Tenn expires: John de Leon Housing Commission Requested: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. 0 ovi VI/) I ee, n gl c' TO Co V ". Cie , b �', OL)';'I%"k'i Aj\ I /S (- 'Air �A 0 P ,k & -VV I . EUM-�Vl Date: a Signatbre Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. (A sepa dle dPP11E;d&#U11 ®a PERSONAL INFORMATION: o ✓`� `1913 Name a C d d A �r Residence Address Cs�V 'LDIN CF aPW 1 q � )W � E gi "RK'S DEPA�iME� Length of time at thj&Address: ! -mail address:. _. TV ; Home Phone Noe Cell /Message Phone Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? ``' Do you currently serve as an elected c. pointed official for an board and /or agency within the City of Baldwin Park? If yes, name of agency and position:- . " " ~, '^� r�v�l re► I��1 EDUCATION: Circle Highest grade you completed: 1 2 3 4 g 6 ? 8 9 10 1 2 High School Graduate? �. G.E.D.? Name and Location of College or Universit Course of Study Deciree 3 �y,� �dl`®ti0`� . EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address of Employer(sl e Position Title Dates of Employment 0 REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. �_ _. . N me dress. _��. Phone No. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. D HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLEDGEMENT /CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing e is true and correct. 1 — Date UU NUL Vvl t4_ Q IRJ4V 6111.7. 101114 -.: i.. V1 Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: date: Residency verification: ❑ Yes ❑ No Date: Term expires: C,-?, �C4 Name �)(:17S� Commission Requested: K"i -OV Date: D- NP r i.s-, evaj f- Y) VIA ) ) 31 L enll C cc, -2 - VI e-,: , -, C6 Mf U) f Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years, During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. PLEASE ATTACH A CITY OF BALDWIN CURRENT COPY ®F APPLICATION CITY COMMISSION UTILITY HILL AND i� 1 .,P:N b ,4 `a6atjr-(rF;3 A COPY OF YOUR 96" T' C EIVE ) PHOTO I® i F APPLICATION IS FOR THE FOLLOWING COMMISSION: A separate application is required for each commission) PAR PERSONAL INFORMATION: C,iy° ! CS .3At.DVJIN i \1 CLERK'S DTMENT Name 1, °o"`: 921nf, Residence Addressi,. _ Al a III ,tit Length of time at this Address: E -mail address: _ -C Z1 x Ct)tia Home Phone No. - Cell /Message Phone No. _• - Are you 18 years of age or elder? Are you registered to vote in the City of Baldwin Park ?__ % -�__, _ Do you currently serve as an elected or appointed offici I for any board and /or agency within the City of Baldwin Park? �,e If yes, name of agency and position:° EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? (�S _ G.E•D•? Name and Address of Emplover(s) REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed officials and who can comment on your capabilities and character. X1 A'4'gr q'; I rnone No. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? _NO If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: Dale Do Not Write ACKNOWLEDGEMENT /CERTIFICATION: I understand that upon filing, this pplication c mes a public record. I certify under penalty of perjury u e la s o of-California that the foregoing is true and correct. Signature sw this Line For City Use only Residency verification: ❑ Yes ❑ No Bate: Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Appointment date: verification: ❑ Yes ❑ No Date: Tenn Name M Nr�o &L:A Commission Requested: 110,3S'M \j a ME LAE [""" iAg-, Z-W-U %V 4 MUNI f 4Y is i Cy Si Date: M re Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. PLEASE ATTACH A CITY OF AL ICI PARK IN U ,4 6 1 u if- CURRENT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY BILL AND N-)'Allt\,l PARK 3­�� And -r"pr' oEPARTINIE A' A COPY OF YOUR PHOTO ID STATEMENT OF QUALIFICATIONS ;-A JJSP#1U APPLICATION IS FOR THE FOLLOWING COMMISSION: (A separate application is required for each commission) PERSONAL INFORMATION: Name 9 R m i Residence Address-- Length of time at this Address: ILWE -mail aciclress:-Ii?:::�:� Home Phone No­ Cell/Message Phone No. Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? &5f AA) Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position:_ EDUCATION: 1 2 3 4 5 6 7 8 9 10 Ile) High School Graduat G.E.D.?_ Circle Highest grade you completed: — Degree_ Name and Location of College or UniversitV .--Course of StudV A) 1qAT 1pe-S�6/—J EMPLOYMENT INFORMATION I EXPERIENCE: Name and Address of Em lo er s Position Title Dates of Employment q el q 2- lqqk -V --toQj REFERENCES: Please provide the names of two persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Ph-one No. 44 �- IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. I HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? NC2 If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT /CERTIFICATION: record. I certify I understand that upon filing, this application becomes a public under penalty of perjury under the laws of the State of California that the foregoing is true and correct. cc G SICI Date Signature Do Not Write Below this Line - For City Use Only Residency verification: El Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date:_ Appointment date: Term P.ynireq- I Residency verification: LJ Yes L-i 1-40 IJULU. — Commission Requested: '' -- Nom STATEMENT OF QUALIFICATIO : Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. r- ir Date:—I/ ignature M Notice: Please be advised that you and your qualifications may be discussed bvthe City Council atanopen meeting. Th/nApplicabonondStmbmnnnntoyC)uelificetionwil/be kept Vnfi/e for two C8years. During this time, should o vacancy occur in the commission for which you have requested consideration of appointment, your application will bn included in the pool nfappli � uantspnuvkƒ�dho�e��thatynuuubnnitnunentprVofofneokfencyat the time of said recruitment. Failure h7 provide current proof of residency with each recruitment, will invalidate this application. PLEASE ATTACH A CITY OF BALD WIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION ' A UTILITY BILL AND And '12, NOV 2 6 PH A COPY OF YOUR STATEMENT OF QUALIFICATIONS PHOTO ID APPLICATION IS FOR THE FOLLOWING COMMISSION: (A separate application is required for each commission) PERSONAL INFORMATION: l i A- A CC VA Name Residence Address __,� Length of time at this Address: ,3 E-mail address: _a V_/_1A=____ Home Phone No. is) Cell/Message Phone N Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position:_----,— EDUCATION: 8 9 10 Q11 12 High School Graduate? '9 G.E.D.? Circle Highest grade you completed: 1 2 3 4 5 6 7 Name and Location of College or University Course of Study Degree EMPLOYMENT INFORMATION I EXPERIENCE: Name and Address of Employer(s) Position Title Dates of Employm. nt REFERENCES: Please provide the I 1w lies of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Address Phone Name IMPORTANT: ad the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED-OF-A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? Iff _ d plac of offense(s), and sentence/fine received: If yes, 1�9-Ef-s—e,+IQE i 1111 a ACKNOWLEDGEMENT /CERTIFICATION: that upon filing, this application becomes a public record. I certify I understand Yn under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dat6 �,gnature Do Not Write Below this Line - For City Use Only Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ NO Residency verification: ❑ Yes ❑ No Date: date: 1­1 F-1 , T(-.rrn expires: Kesictency vertricadon: Na Commission Requested Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Date: 1111,5-1 0 Signature � y�r Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2), years, During this time, should o vacancy occur /n the commission for which you have requested nonakferabbnnfappo/nbnent,ynurepp&:etion will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. PERSO�NAA�L� INFORMATION: Name`�-1_6 r-A - `—( YAo- Residence Address __ Length of time at this Address: If E -mail address: Home Phone No.-- Cell /Message Phone No., Are to vote in the City of Baldwin Park? 1. iy_ Are you 18 years of age or older? you registered Do you currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park ?_ If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 1? High School Graduate? G.E.D.? Name and Location of College. or University Course of Study De ree ) EMPLOYMENT INFORMATION / EXPERIENCE: Nama a_^fA Address of Emplover(s) � Position Title Dates of Em to a�ment Ae -2-012 REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address _ J Phone No, �y IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: i ACKNOWLEDGEMENT /CERTIFICATION: I understand that upon filing, this application becomes a public record. 1 certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date Signature Do Not Write Below this Line - For City Use Only Residency verification: ❑ Yes ❑ No Date:u Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: Nam.<:r-OhC'uq K[OL- (f-7 Commission Requested: I Uri Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. 0 —P A+ A- 4tkp- 0+4 MMM ivy 0 IU9- i nffi4 Nus � n)-� ro VVI ( SSI P7� "of I A 'C�004-1 Y D ate: &Or i� I Signature M -110 ao-S e Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. I W 2 PERSONAL INFORMATION' Name . v (r') P. 1/2 Ro-ldcncp Addres"; 1, ongth of time At this Address:_ E -mail address: Horne Phone No, • cewmessage Phone No- Are yuu 18 years of age or older? va Are you registered to vote in the City of Baldwin Pork? Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? LL if yes, name of agency and position: EDUCATION: G.E.D.?_ e,i_in wirihmt nrmriei vnu completed: 1 2 3 4 6 6 7 8 9 10 11 12 High School Graduate? EMPLOYMENT INFORMATION I EXPERIENCE: REFERENCE a: Please provido tho names of two (@) persons, who are not City Of Baldwin Park Elected or Appointed officials and c,,jn comment on your capabilities and character. ipORTANT. Read the following carefully and answer completely. A conviction is not all Automatic bar to appointment. Each case is �1—jjjjrjg— go#_4 , ? ;Hi jt_�_ riles. OF A FELONY OR MI 81)E MEANOK OTHER THAN A MINOR TRAFFIC viOLATION AUE V NO- aw 011 I of -i to Ad place of offense($), and sentence/fine received; ensos, a ya 1' 11 "­v Date P—j(1clicyverification: ❑ yes F] No Date:— ACKNOWLEDC;EMEN'rICF-RTIFICATION,I . I �rtify I uodersLmd thqt upon filing, thin application becorftS a public record (� under penalty of PodurY under tho laws of the State Of Cglil`OMIS thEit tti0_f0r000't)9 is truo and cormut. ,ftnature ... . . . . ..... Vc1if El No Voter,Feg,is[Tatloll 1 1 yos No Date, tic)jj: yt Appointmcol date'. 1�csidcncy Vorillea Term ltesjcIe.t7cyvcriFcat!0!.1; Yes ["I •No DW07 NOO-26-2012 10:25 From:/ 000000000 To: -1637113240 P.2/2 Commission Raquested� YW�(d� RMIMX�--- -�,A-J, ffl-- - -1 Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission.. M M Notice." Please be advised that yOu and your qualifications n7ay be ciisctiqsed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. Doting thlo time, should a vacancy occur in the commi I ssion for which you have requestod consideration of appointtnent, your application will be included in the pool of applicants provided however, that you suhnift ctirrent proof of residency at the Of rosidency with each recruitment, will invalidate this of said recruitment- Failure to provide current proof of application. kRK F_. LDWIN PTQLIFHOTO ID APPLICATION is FOR THE FOLLOWING COMMISSION: fv — --4,s isrequired for each commiss'on) RECE#vp NOV 10 201, CITY OF PERSONAL INFORMATION: Name Iiliana Ramirez Residence AddressL-- Length of time at this Address-_�j years E-mail l address' - - - -- Ce1l /P " essage Phone No. None ,Home Pho ' ne No. Yes Are you registered to vote in the City of Baldwin Park? _---Y�es' Are you 18 years of age or older? Within the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and/or agency If yes, name of agency and position: Yes G.E.D.?--_ EDUCATION: High School Graduate? Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 n6dree, Name and Location of Coile e or Un iversit Masters- Public Administration Cal. state Northridge University EMPLOYMENT INFORMATION I EXPERIENCE: Dales of'Em0I9yMe_nt----',.� Position Title, Em i �10 1'eF s Name and Pidg, -March 2003 ncl, p:?o4rwm Assiktant March 2003 Acting REF I E I RE I NCES., Please provide the names of two persons, who are not City of Baldwin Park Elected or Appointed officials and who can comment on your capabilities and character. Address Phone Name r Pauline 0gata A con is not an automatic bar to appointment. Each case is IMPORTANT: Read the following carefully and answer completely. conviction No considered on its individual merits. VIOLATION. 9— HAVE YOU EVER E3EEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC if yes, Please list all offenses, date and place of offense(s), and sentence/fine received: I I0 d7 AMN& Date ACKNOWLEDGEMENTICERTIFICA171ON' public record. I Certify I understand that upon filing, this application becomes a under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 2 sign a ture Below this Tine - For City Use only Voter Registration Veri-Ecation: ❑ Yes ❑ NO Residency verification, ❑ Yes L-j No vatu Appointment date: Residency verification: ❑ yes ❑ No Date' 'Perm expires: 'Re.,idenov verification: ❑ Yes El No Date: • insight and knowledge that the City council and residents of Baldwin Park will benefit through my appointment into the commission- i am representative of the community and can represent the majority Of residents within the city- I am a homeowner, a divorced, single-parent household., raising two daughters. I have experience working with the community and with individuals ranging from co, =unity advocates, to community and. faith based organizations, and I also have experience working with public service agencies. some,of the projects that I have worked on through my current assignment are American Recovery and Re- investment Act 2009, Transitional subsidized Employment for Youth in GROW Program, Homelessness Prevention and Rapid Re-Housing Program fox Transitional Age youth in GROW program and recently assisted impacted GROW programs as a result the restructuring of the General Relief Program. Baldwin Park needs individuals with this experience at the forefront of their city's decision- making. Date: 0q 1� hl i pnatur�e�� Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. tw, is time, should a This Application and Statement Of Qualification will be kept on file for o (2) years. During th t m vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. f8 SU draxv EJ r16i ,26r Lori. 8+a 1 &e ®®rc;e® reor �r — . 77 7 ':PERSONAL INFORMAT ON: ..: .. . ' . '.. _. . Name YA Residence Address - _ - Lengili of time at this Address: E -Mail address: — V Home.Phone Nc _ Cell/Message Phone No,-- Are you 18.years bf age ®r old ®r'1 / Are you, registered to vote in the City of Baldwin Park`t — Do you currently serve as an elected or appointed official. for any board and agency within fhe City of Baldwin Park? If yes, name of agency and p.osibori: EOUCATION: . i Circle Highest grade you completed: 1, 2 3;. 4 546 7 8 9.10 11 12 High School Graduate? G.E.D.? IF Main_ a wand Location of College or Uniyersit !: Course of StudyUe ree EMPLOYMENT INFORMATION 1 EXPERIENCE: c e)f mnlover(s) Nan and Arlrlraa F Position Title aces of Employment REFERENCES; Please . provide the names of two '(g) persons,. who.are not City of Baldwin Park Elected or Appointed Officials and who can' comment on you rdajsabilities and character:. " AA,1­­ Phon"o_ IMPORTANT: Read :the fottowing carefully and answercompletely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits: BEEN CONVICTED OF A FELONY OR MISDEMEANOR. OTHER THAN A MINOR TRAFFIC VIOLAIl ®Rt? . HAVE Y�tJ'EVEE2 if yes, Please list altaffenses; date' and place of'offense {sj, and seniencelfinereceived: ACR1 4OWLEDGEMEkT /cERTIFi6ATiC)N. 1 understand that upon filing, this application becomes a public recrird,, I certify - under penalty of perjury under the laws of the S tate of California that die foregoing is true and correct, Date Igo ure - • i- Y ., �4 -'i2� i Voter Reigistr Lion Verification: ❑ Yes ❑,rlo Residcncy vesicati on: ❑ . �'es ED] X10 . Dste.. o Date: Apporntrnent ate: t r� ? 4 a 9' Residency vehificatioxt: ❑Yes ❑ N q y s .. . -_ -- ❑ �. [-1 Rr,, ra�rP• 'i'erm express _ � .- eyilicauoM es !Nov 2':. 2012 S. 19PM LIfETOUCH NSS 16265 ?77061 X5.2 Name r � �'!°^ Commission Requested: I I/ P'ar� IVA =II 0 s;t rV� l.2�rhi ' g MM �. ignatur Notice:.Please be advised that you and your g4alifications may be discussed by the City Council at an open This Appllcation and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in. the commission for which you have requested consideration of appointment, your application wvifl be inclraded in the pool of applicants provided however, that you submit current proof of residency at.the time of said. recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this appticatl ®rr, f^1 se argue d'upiludifull 1z rwc ulff au .v. c�< ... .................e.. PERSONAL INFORMATION: Name Residence Address Length of time at this Address: % t'2.S E -mail address: Home Phone No.. Cell /Message Phone N. Are you 18 years of age or older ? Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park? -/1-1. If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? f G.E.D.? Name and Location of College or Universit Course of Study Degree tp C s Q-bmmv ,0X� CID � � ��� w Z� EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address of Employer(s) Position Title Dates of Employment rd 1- a � a rJ .$ the two ( @) who are not City of Baldwin Park Elected or Appointed OffiQls and ; I' REFERENCES: Please provide names of persons, can comment on your capabilities and character. Name 4. PZ Address Phone No. 'Ro IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. OTHER THAN A MINOR TRAFFIC VIOLATION? HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLEDGEMENT /CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under p alty of perjury under the la of the State of California that the foregoing is tru nd c rrec Data Signature Do Not Write Below this Line - For Cite Use only Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date:__. Appointment date: _ Residency verification: ❑ Yes ❑ No Date: Tenn expires: - /p�[�� Nam Commission Requested: /A 1)-5-z Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. �4r Date: 4ignature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open This Application and Statement ofQualification will be kept onfile for two (2) years. During this time, should e vacancy occur ham*req" eabpdconnidenabonofeppo/nbnont,your application 'l-e/nok/de/he pool oyapplicants provided however, thatyououbnit»unentoxonfmfneoidenoyatbheti time e , said recruitment, Failure hoprovide current proof uf residency with each recruitment, will invalidate this application. A LPLEASE ATTACH A CURRENT COPY OF UTILITY BILL AND A COPY OF YOUR HOTO ID I CITY OF BALDWIN PARK APPLICATION FOR CITY COMMISSION And STATEMENT OF QUALIFICATIONQ NOV 28 PH. 2; ON APPLICATION IS FOR THE FOLLOWING (A separate application is required for each commission) PERSONAL INFORMATION: Name- ResidonveAdd _ Length of time at this Address: U\�(S E-mail address: � ' Phone n Nv `_ HnmePhvnoNo` _ Are you 18 years of age orolder? Are you registered 0a vote in the City of Baldwin Park? DoyouuurmnVys:nmanone|o�ed ointcdo�oie|for any board and/or agency w�hinUheQ�o�ue|u�mpurx/ !f yes, name of agency and position: EDUCATION: | t d� 1 2 5 4 5 O 7 0 S 10 11 /�� HighSchno|8mduate? s�����/_________ Qnc|eHighest gmdayou oompeo � EMPLOYMENT INFORMATION /EXPERIENCE: Name _and Address / ` — ^ REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. � er completely. A conviction is not an automatic bar to appoint"r-nent. Each !S lMPoFzTANT: Read tne following carefully and allsw considered on its individual merits. ATION? 0 HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOL If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERTIFICATION: this a publiG record. |oomfy I understand that upon filing, under penalty of perjury under the laws of the State of California that the foregoing is true and correct. �u , Signature Date Do Not Write Below this Line - For City Use 0 1 Residency verification: El Yes El No Date: Voter Regis atiorl"V­c'rification: El Yos Residency verification: 0 yes 0 No Date:-- Residency verification: El Yes El No Date: Term expires ' Commission Requested: Name J If, —b ILL L/ STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. ocl ' � l K~�+� . /.`_~�~~. ,^ .�o-� In ' � - ��1 � r " ���� / `/� �� S �� �J , . V ^ _ J / z�-���>r~� � ��/ Signature ` o ,PA+ -�l��� u��u^v� Ile- �� �� vu �^`� � y«� �� / x c 13_�-W; k /— Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Aoo�oabonand 3beto/nen/ofQua��oe�onm�Ybekeofon�� for two �Uyears. I}u�nQthis bh7e,should m maoen''c'curinthe connnn/ss/onfor which you have �q'eatedcona�/ena onofappn/nbnen�yourapp�oo�on w»�bm�u^^"d/n the pool ofopp�conbr provided hn--`-�that you oubrndnun�ntproof ofresk�oncyat the �n* ofoe='"^�"""recruitment. Failure br provide current proof z residency with each recruitment, will invalidate this application. 1 s A separate application is re uereca ror earn co®r„t®e�z)lv,r – PERSONAL INFORMATION: Name L , JS ' Residence Address— Length of time at this Address:_ --LxE -mail addres Ho e ePhone ".'c. _ Cell /Message Phone No. _ r Are you 18 years of age or older? _— Are you registered to vote in the City of Baldwin Park ? –' Do you currently serve as an elected or appointed o icial for ny board_and /or agency within the City of Baldwin Park? If yes, name of agency and position: (� �`� J EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 High School Graduate ? G.E.D.. Name and Location of College or University Course of Study Degree t, ; - T I M EMPLOYMENT INFORMATION 1 EXPERIENCE: Position Title Dates of Em' to ment Name and Address of Emoloyer s �W REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Oials an r�t3.o can comment on your capabilities and character. ' > Address Phone No. rya Name IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. a� �,� -� �.�- o,a a . Tqn%' HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANIOR OTHER T G-ANI A NI]I NvIR TRZ11 F tC na® a. � If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: -i l Pc ACKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of pe jury under the laws of the State of California that the foregoing is true d correct: Signature Date Do Not;Write Bela�ni this Line For Use °nl Residency verification: El Yes ❑ No Date: -. Voter Registration Verification: El Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Tenn expires: Residency verification: ❑ Yes ❑ No Date. Name commission Requested: L B� �e,� A be�Q"5e- Date: -A ------------------ -- -- ature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application.